HomeMy WebLinkAboutM. Commissioners' Items
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20.2010
Division: District I
Bulk Item: Y es ~ No
Department: Commissioner Kim Wigington
Staff Contact Person/Phone #: Wilma Corbin
292-3440
AGENDA ITEM WORDING: Approval of appointment of Mr. Larry Carcamo to the Key West
International Airport Ad-Hoc Committee on Noise.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
o
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Monroe County Boards and Committees
Appointment Information
Board or Committee:
KWIA Ad-Hoc Committee on Noise
Commissioner Appointing Member:
Kim Wigington
Name of Member:
Larry Carcamo
Noise Maker Alternate
Mailing Address:
157 Laurel Ave Lot 31
Key West. FL 33040
Phone Numbers:
Home: 305-296-7124
Cell: 305-923-3225
Email: LCPIC@hotmail.com
Date of Appointment:
January20. 2010
Reappointment:
Date Term Expires:
Duration of Committee
Name of Person Being Replaced:
Fulfilling Term of:
Paul DePoo
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20,2010 Kev West
Division: District 1
Bulk Item: Yes ---1L- No
Department: Commissioner Kim Wigington
Staff Contact Person/Phone #: Wilma Corbin
292-3440
AGENDA ITEM WORDING: Approval to appoint Richard Casey, Jr. to the Shared Asset
Forfeiture Fund Advisory Board.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
o
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
x
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No X
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Monroe County Boards and Committees
Appointment Information
Board or Committee:
Shared Asset Forfeiture Fund
Advisory Board
Commissioner Appointing Member:
Commissioner Kim WIqinqton
Name of Member:
Richard Casey,Jr.
Address:
Land Trust
Marathon. FI 33050
Mailing Address:
Same
Phone Numbers:
Work.;.
Cell:
Home
Email:
305-743-5624
305-923-9476
305-872-4878
administation@mkclt.orq
Date of Appointment:
May 17. 2000
Rea ppointment:
January 20. 2010
Date Term Expi res:
January 16. 2012
Name of Person Being Replaced:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2010
Division: BOCC - District 2
Bulk Item: Y es ~
No
Department: George Neugent
Staff Contact Person/Phone #: T. Marble 4512
AGENDA ITEM WORDING:
Approval of a resolution to amend and repeal Resolution No. 445a-2009 to include additiona11anguage
contained in the amended Southeast Florida Regional Climate Change Compact.
ITEM BACKGROUND:
On 11/18/2009, the Board approved Resolution No. 445a-2009. This resolution amends and repeals
Resolution No. 445a-2009 to include additional language contained in the amended Southeast Florida
Regional Climate Change Compact, specifically:
Section 3. adds the language "and also including nuclear energy"
Section 6. adds the language "understanding that no county will'work at cross-purposes with the other
counties" .
This action documents Board approval of the amended Southeast Florida Regional Climate Change
Compact and demonstrates the continued commitment of Monroe County to the initiatives detailed
therein with Miami-Dade, Pam Beach and Broward Counties.
PREVIOUS RELEVANT BOCC ACTION:
11/18/2009 BOCC approved Resolution No. 445a-2009
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
ApprovaL
TOT AL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
Revised 7109
AGENDA ITEM #
Commissioner Neugent
RESOLUTION NO.
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING AND REPEALING
RESOLUTION NO. 445a-2009, PLEDGING THEIR COMMITMENT TO
APPROPRIATE STAFF RESOURCES AND EXPERTISE, WITHIN
BUDGET CONSTRAINTS, TO P ARTICIP A TE IN THE REGIONAL
CLIMATE TEAM WITH MIAMI-DADE, PALM BEACH AND
BROWARD COUNTIES TOWARD THE DEVELOPMENT OF A
SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE ACTION
PLAN.
WHEREAS, there is consensus among the world's leading scientists that global climate
change is among the most significant problems facing the world today; and
WHEREAS, Florida is considered one of the most vulnerable areas in the country to the
consequences of climate change with Southeast Florida on the front line to experience the
impacts of climate change, especially sea level rise; and
WHEREAS, Monroe is located in Southeast Florida and is a neighboring county with
Miami-Dade, Palm Beach and Broward Counties; and
WHEREAS, Monroe, Miami-Dade, Palm Beach and Broward Counties, herein the four
counties that constitute the southeast Florida Region, share in common a strong quality of life
rooted in the region's rich cultural heritage, vigorous economy, and environmental resources of
global significance; and
WHEREAS, the aforementioned four counties of Southeast Florida, which represent
approximately 30% of the population of the State of Florida, are physically linked one to the
other by the Atlantic Ocean coastline and share some of the world's most renowned natural
resources such as the Everglades, our unique coral reefs, beautiful beaches, and fragile Keys
ecosystem; and
WHEREAS, the four counties of Southeast Florida and their respective populations,
totaling more than five million residents, are expected to share in disproportionately high risks
associated with climate change due to low land elevations, rising sea level projections, and
anticipated increases in tropical storm events; and
WHEREAS, rising sea levels could limit the effectiveness of critical drainage
infrastructure, endanger beaches, and coastal natural resources and increase incidents of
saltwater intrusion on the Biscayne Aquifer - putting at risk the drinking water supply for the
entire population of Southeast Florida; and
WHEREAS, local governments and the region as a whole, must give significant
consideration to adaptation strategies designed to protect public infrastructure, property, water
resources, natural areas and native species, and basic quality oflife; and
WHEREAS, the aforementioned four counties of Southeast Florida account for a
combined Gross Domestic Product of more than $2.5 billion annually and more than 37% of
statewide economic output; and
Page 1 of 3
WHEREAS, while the four counties of Southeast Flolida have independently taken steps
to address global climate change, all parties recognize that coordinated and collective action on
this, the defining issue for Southeast Florida in the 21 5t Century, will best serve the citizens of the
region; and
WHEREAS, the Board of County Commissioners of Momoe County, Florida passed
Resolution No. 445a-2009 on November 18, 2009 to establish its intent to cooperate with other
Southeast Florida counties, but has detennined it is imp011ant to clalify that intent; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Momoe County shall work in close collaboration with the aforementioned
counties of Southeast Florida party to this compact to develop a joint policy
position urging the United States Congress to pass legislation that recognizes the
unique vulnerabilities of Southeast Florida to the impacts of climate change and to
further a joint policy position that includes specific recommendations regarding
the allocation of federal climate change funding based on vulnerability to climate
change impacts. Such recommendations might include designation of areas of
Southeast Florida as uniquely vulnerable and of federal interest for the purpose of
securing enhanced levels of federal participation in regional adaptation
projects.
Monroe County shall work in close collaboration with the other counties party to
this compact to develop additionallegi~lative policy statements relating to global
climate change and future legislation to be considered by the Congress of the
United States for transmittal to the Congressional Delegation representing, in part
or in whole, districts within the area covered by this compact.
Monroe County shall work in close collaboration with other counties party to
this compact in developing joint position statements on proposed State legislation
and energy/climate policies including but not limited to issues such as the region's
energy and climate security and a renewable energy portfolio standard that
defines renewable energy sources as wind, solar, geothermal, biomass, landfill
gas, qualified hydropower, marine and hydrokinetic energy and also including
nuclear energy, and to collaborate on other emerging energy/climate issues that
may be considered by the 2010 Florida Legislature Delegation representing, in
part or in whole, distlicts within the area covered by this compact.
Monroe County shall work with other counties party to this compact in
developing joint position statements for future State legislation that may be
considered by the Flolida Legislature for transmittal to the Legislative Delegation
representing, in pmi or in whole, districts within the area covered by this compact.
Monroe County shall commit appropriate staff resources and expertise, within
budget constraints, to participate in the Regional Climate Team with other
counties party to this compact toward the development of a Southeast Florida
Regional Climate Change Action Plan.
Page 2 of 3
Section 6:
Monroe County shall work with other counties party to this compact in
developing a Southeast Florida Regional Climate Change Action Plan,
understanding that no county will work at cross-purposes with the other counties.
The Action Plan could, at a minimum, include the following components:
(a) A baseline of greenhouse gas emissions for Southeast Florida;
(b) Strategies for coordinated emission reductions throughout the built enviromnent
to include the use of energy efficiency, energy conservation, and the use of
demand-side renewable energy resources;
(c) Strategies for coordinated emission reductions from the transportation sector to
include increased reliance on public transit, emerging vehicle technologies, and
advanced bio-fuels;
(d) Strategies for coordinated emission reductions resulting from changes in local
and regional land use;
(e) Strategies for the coordinated regional preparation for and adaptation to a rapidly
changing global environmental based upon regional mapping of projected sea-
level rise and any resulting amplification of localized impacts of tropical cyclone
events. Such strategies shall incorporate climate preparation concerns for the
regional economy, regional infrastructure and the built environment, social and
cultural needs, and natural systems within the four counties party to this compact.
Section 7:
That Monroe County shall commit to participating with other counties party to
this compact in hosting the Second Southeast Florida Regional Climate Change
Summit in October 2010.
Section 8:
Resolution No. 445a-2009 is hereby repealed.
Section 9:
Effective Date: This Compact shall become effective upon Adoption.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the _ day of , A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
By:
By:
Deputy Clerk
Mayor Sylvia Murphy
Page 3 of 3
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Southeast Florida
Regional Climate Change
Compact
WHEREAS, there is consensus among the world's leading scientists that
global climate change is among the most significant prQblems facing the world today;
and
WHEREAS, Florida is considered one of the most vulnerable areas in the
country to the consequences of climate change with Southeast Florida on the front
line to experience the impacts of climate change, especially sea level rise; and
WHEREAS, Broward is located in Southeast Florida and is a neighboring
county with Miami-Dade, Palm Beach and Monroe Counties; and
WHEREAS, Broward, Miami-Dade, Palm Beach and Monroe Counties,
herein the four counties that constitute the Southeast Florida Region, share in
common a strong quality of life rooted in the region's rich cultural heritage, vigorous
economy, and environmental resources of global significance; and
WHEREAS, the aforementioned four counties of Southeast Florida, which
represent approximately 30% of the population of the State of Florida, are physically
linked one to the other by the Atlantic Ocean coastline and share some of the world's
most renowned natural resources such as the Everglades, our unique coral reefs,
beautiful beaches, and fragile Keys ecosystem; and
WHEREAS, the four counties of Southeast Florida and their respective
populations, totaling more than five million residents, are expected to share in
disproportionately high risks associated with climate change due to low land
elevations, rising sea level projections, and anticipated increases in tropical storm
events; and
WHEREAS, rising sea levels could limit the effectiveness of critical drainage
infrastructure, endanger beaches, and coastal natural resources and increase incidents
of saltwater intrusion on the Biscayne Aquifer - putting at risk the drinking water
supply for the entire population of Southeast Florida; and
WHEREAS, local governments, and the region as a whole, must give
significant consideration to adaptation strategies designed to protect public
infrastructure, property, water resources, natural areas and native species, and basic
quality of life; and
WHEREAS, the aforementioned four counties of Southeast Florida account
for a combined Gross Domestic Product of more than $2.5 billion annually and more
than 37% of statewide economic output; and
WHEREAS, while the four counties of Southeast Florida have independently
taken steps to address global climate change, all parties recognize that coordinated
and collective action on this, the defming issue for Southeast Florida in the 21st
Century, will best serve the citizens of the region; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA:
SECTION 1: That Broward County shall work in close collaboration with
the aforementioned counties of Southeast Florida party to this compact to develop a
joint policy position urging the United States Congress to pass legislation that
recognizes the unique vulnerabilities of Southeast Florida to the impacts of climate
change and to further a joint policy position that includes specific recommendations
regarding the allocation of federal climate change funding based on vulnerability to
climate change impacts. Such recommendations might include designation of areas of
Southeast Florida as uniquely vulnerable and of federal interest for the purpose of
securing enhanced levels of federal participation in regional adaptation projects.
SECTION 2: That Broward County shall work in close collaboration with
the other counties party to this compact to develop additional legislative policy
statements relating to global climate change and future legislation to be considered by
the Congress of the United States for transmittal to the Congressional Delegation
representing, in part or in whole, districts within the area covered by this compact.
SECTION 3: That Broward County shall work in close collaboration with
other counties party to this compact in developing joint position statements on
proposed State legislation and energy/climate policies including but not limited to
issues such as the region's energy and climate security and a renewable energy
portfolio standard that defines renewable energy sources as wind, solar, geothermal,
biomass, landfill gas, qualified hydropower, and marine and hydrokinetic energy, and
also including nuclear energy, and to collaborate on other emerging energy/climate
issues that may be considered by the 2010 Florida Legislature for transmittal to the
Legislative Delegation representing, in part or in whole, districts within the area
covered by this compact.
SECTION 4: That Broward County shall work with other counties party to
this compact in developing joint position statements for future State legislation that
may be considered by the Florida Legislature for transmittal to the Legislative
Delegation representing, in part or in whole, districts within the area covered by this
compact.
SECTION 5: That Broward County shall commit appropriate staff
resources and expertise, within budget constraints, to participate in a Regional
Climate Team with other counties party to this compact toward the development of a
Southeast Florida Regional Climate Change Action Planr.
SECTION 6: That Broward County shall work with other counties party to
this compact in developing a Southeast Florida Regional Climate Change Action Plan..
understanding that no county will work at cross-purpose with the other counties.
The Action Plan could, at a minimum, include the following components:
(a) A baseline of greenhouse gas emissions for Southeast Florida;
(b) Strategies for coordinated emissiori reductions throughout the built
environment to include the use of energy efficiency, energy conservation,
and the use of demand-side renewable energy resources;
(c) Strategies for coordinated emission reductions from the transportation
sector to include increased reliance on public transit, emerging vehicle
technologies, and advanced biofuels;
(d) Strategies for coordinated emission reductions resulting from changes in
local and regional land use;
(e) Strategies for the coordinated regional preparation for and adaptation to a
rapidly changing global environment based upon regional mapping of
projected sea-level rise and any resulting amplification of localized impacts
of tropical cyclone events. Such strategies shall incorporate climate
preparation concerns for the regional economy, regional infrastructure and
the built environment, social and cultural needs, and natural systems
within the four counties party to this compact.
SECTION 7: That Broward County shall commit to participating with other
counties party to this compact in hosting the Second Southeast Florida RegionalnClimate Change Summit in October, 2010.
SECTION 8: EFFECTIVE DATE.
This Compact shall become effective upon adoption.
RESOLUTION NO. 445a - 2009
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA PLEDGING THEIR COMMITMENT TO
APPROPRIATE STAFF RESOURCES AND EXPERTISE, WITHIN
BUDGET CONSTRAINTS, TO PARTICIPATE IN THE REGIONAL
CLIMATE TEAM WITH MIAMI-DADE, PALM BEACH AND
BROWARD COUNTIES TOWARD THE DEVELOPMENT OF A
SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE ACTION
PLAN.
Mayor Neugent
WHEREAS, there is consensus among the world's leading scientists that global climate
change is among the most significant problems facing the world today; and
WHEREAS, Florida is considered one of the most vulnerable areas in the country to the
consequences of climate change with Southeast Florida on the front line to experience the
impacts of climate change, especially sea level rise; and
WHEREAS, Monroe is located in Southeast Florida and is a neighboring county with
Miami-Dade, Palm Beach and Broward Counties; and
WHEREAS, Monroe, Miami-Dade, Palm Beach and Broward Counties, herein the four
counties that constitute the southeast Florida Region, share in common a strong quality of life
rooted in the region's rich cultural heritage, vigorous economy, and environmental resources of
global significance; and
WHEREAS, the aforementioned four counties of Southeast Florida, which represent
approximately 30% of the population of the State of Florida, are physically linked one to the
other by the Atlantic Ocean coastline and share some of the world's most renowned natural
resources such as the Everglades, our unique coral reefs, beautiful beaches, and fragile Keys
ecosystem; and
WHEREAS, the four counties of Southeast Florida and their respective populations,
totaling more than five million residents, are expected to share in disproportionately high risks
associated with climate change due to low land elevations, rising sea level projections, and
anticipated increases in tropical stonn events; and
WHEREAS, rising sea levels could limit the effectiveness of critical drainage
infrastructure, endanger beaches, and coastal natural resources and increase incidents of
saltwater intrusion on the Biscayne Aquifer - putting at risk the drinking water supply for the
entire population of Southeast Florida; and
WHEREAS, local governments and the region as a whole, must give significant
consideration. to adaptation strategies designed to protect public infrastructure, property, water
resources, natural areas and native species, and basic quality oflife; and
WHEREAS, the aforementioned four counties of Southeast Florida account for a
combined Gross Domestic Product of more than $2.5 billion annually and more than 37% of
statewide economic output; and
Page 1 of 3
Mayor Neugent
WHEREAS, while the four cOlUlties of Southeast Florida have independently taken steps
to address global climate change, all parties recognize that coordinated and collective action on
this, the defIning issue for Southeast Florida in the 21 Sf Century, will best serve the citizens of the
region; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Monroe County shall work in close collaboration with the aforementioned
counties of Southeast Florida party to this compact to develop a joint policy
position urging the United States Congress to pass legislation that recognizes the
unique vulnerabilities of Southeast Florida to the impacts of climate change and to
further a joint policy position that includes specific recommendations regarding
the allocation of federal climate change funding based on vulnerability to climate
change impacts. Such recommendations might include designation of areas of
Southeast Florida as uniquely vulnerable and oFfederal interest for the purpose of
securing enhanced levels of federal participation in regional adaptation
projects.
Monroe County shall work in close collaboration with the other counties party to
this compact to develop additional legislative policy statements relating to global
climate change and future legislation to be considered by the Congress of the
United States for transmittal to the Congressional Delegation representing, in part
or in whole, districts within the area covered by this compact.
Monroe County shall work in close collaboration with other counties party to
this compact in developing joint position statements on proposed State legislation
and energy/climate policies including but not limited to issues such as the region's
energy and climate security and a renewable energy portfolio standard that
defines renewable energy sources as wind, solar, geothermal, biomass, landfIll
gas, qualifIed hydropower, and marine and hydrokinetic energy and to collaborate
on other emerging energy/climate issues that may be considered by the 2010
Florida Legislature Delegation representing, in part or in whole, districts within
the area covered by this compact.
Monroe County shall work with other counties party to this compact in
developing joint position statements for future State legislation that may be
considered by the Florida Legislature for transmittal to the Legislative Delegation
representing, in part or in whole, districts within the area covered by this compact.
Monroe County shaH commit appropriate staff resources and expertise, within
budget constraints, to participate in the Regional Climate Team with other
counties party to this compact toward the development of a Southeast Florida
Regional Climate Change Action Plan.
Monroe County shall work with other counties party to this compact in
developing a Southeast Florida Regional Climate Change Action Plan.
Page 2 of 3
Mayor Neugent
The Action Plan could, at a minimwn, include the following components:
(a) A baseline of greenhouse gas emissions for Southeast Florida;
(b) Strategies for coordinated emission reductions throughout the built environment
to include the use of energy efficiency, energy conservation, and the use of
demand-side renewable energy resources;
(c) Strategies for coordinated emission reductions from the transportation sector to
include increased reliance on public transit, emerging vehicle technologies, and
advanced bio- fuels;
(d) Strategies for coordinated emission reductions resulting from changes in local
and regional land use;
(e) Strategies for the coordinated regional preparation for and adaptation to a rapidly
changing global environmental based upon regional mapping of projected sea-
level rise and any resulting amplification of localized impacts of tropical cyclone
events. Such strategies shall incorporate climate preparation concerns for the
regional economy, regional infrastructure and the built environment, social and
cultural needs, and natural systems within the four counties party to this compact.
Section 7:
lbat Monroe County shall commit to participating with other counties party to
this compact in hosting the Second Southeast Florida Regional Climate Change
Summit in October 2010. '
Section 8:
Effective Date: This Compact shall become effective upon Adoption.
(SEAL)
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the 18th day of November . A.~, 2009. NI .......
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~~.e. ';[)'-'5d!--
I Mayor George Neugent
Mayor Sy1via Murphy
Mayor Pro Tem iIeather Carruthers
Commissioner George Neugent
Commissioner Mario DiGennaro
Commissioner Kim Wigington
~
Yes
Yes
Yes
Yes
ATTEST: Danny L. Kolhage, CLERK
By: j)",WC.~
Deputy Clerk
Page 3 of 3
UZANNE A, HUT
CJWP!l/pf
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
1/16/2010
Division:
BOCC
Bulk Item: Yes X No
Department:
DIST 3
Staff Contact Person/Phone #: C.Schreck x 3430
AGENDA ITEM WORDING:
Approval of appointment of Alexsandra Corsi Leto to the Shared Asset Forfeiture Fund Advisory
Board.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
o
INDIRECT COST:
o
BUDGETED: Yes _No
COST TO COUNTY:
o
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Arty _ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Board or Committee:
Monroe County Boards and Committees
Appointment Information
Commissioner Appointing Member:
Name of Member:
Address:
Mailing Address:
Phone Numbers:
Date of Appointment:
Rea ppoi ntment:
Date Term Expires:
Shared Asset Forfeiture Fund Advisorv Bd
Heather Carruthers
Alexsandra Corsi Leto
Juvenile Justice Center
5503 Colle2e Road # 206
Kev West. FL 33040
~
Home: 305-294-6023
VVork: 305-292-3485
Fax:
Email:
Name of Person Being Replaced:
Fulfilling Term of:
05/17/00
Yes
1/16/2012
nla
nla
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/2010
Division: BOCC
Bulk Item: Yes No X
Department: DIST 3
Staff Contact Person/Phone #: C.Schreck x 3430
AGENDA ITEM WORDING:
Discussion by the Board of County Commissioners regarding tolling of US 1 as an alternative funding
source for wastewater mandates.
ITEM BACKGROUND:
Funding is not currently available to complete mandated wastewater projects, and there is no guarantee that
it will be available from the State in the near future. Advances in technology and precedents in state
legislation allowing toll revenue to be used for uses other than bridge and roadwork suggest the
conversation be revisited. Until our wastewater mandate has been met, and in order to keep resident
financial burdens equitable and affordable, all potential options for funding should be pursued.
PREVIOUS RELEVANT BOCC ACTION:
Tolls have been collected along the Overseas Highway twice in the history of the Keys. Card Sound
Road currently has a tollbooth ($1 each way).
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Arty _ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
Tolling USl
Monroe County
-
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,t..o
Matecumbe Key 1938
Mayor Pro Tem Heather Carruthers
Commission District 3, Monroe County, Florida
January 2010
I. Executive Summary
II. History of Tolls in Monroe County
III. Card Sound Road
IV. Toll Legislation
V. Funding Options
VI. Revenue
VII. 10 Questions & Answers
VIII. Appendix / Maps / Contacts
Tolling US 1/ Monroe County
TABLE of CONTENTS
Generated from the office of Mayor Pro Tem Heather Carruthers
01/01/2010
Tolling USl / Monroe County
EXECUTIVE SUMMARY
. .
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Matecumbe Key 1938
Tolling USl / Monroe County
EXECUTIVE SUMMARY
PROPOSAL
To investigate, in today's environment, the possibility of utilizing a toll on US1 along the 18-mile
stretch plus the toll revenue from Card Sound Road to fund wastewater projects as mandated by
the State of Florida.
RATIONALE
. Funding is not currently available to complete our wastewater projects, and not likely to be
available from the State in the near future.
. Advances in technology (Sun Pass, All Electronic Toll Collection, etc.) may help solve problems
such as congestion, pollution, safety, and variable pricing (e.g. different rates based on residency,
frequency of use, lane usage) that have in the past been by-products of tolling.
. Precedent has been set that allow toll funds to be used for projects other than road and bridge
infrastructure.
FS 338.26 This statute provides for the continued use of tolls collected on Alligator Alley to
be used as a funding source to help restore the Everglades and Florida Bay. Projects that
qualify include land acquisition, waste conveyance, engineering design for wastewater
treatment facilities for Florida Bay marine waters and Everglades.
FS 334.30 This statute provides for the leasing of toll roads to the private sector with a
negotiated portion of excess revenues from tolled or fare-generating projects returned to
the department over the life of the public-private agreement. The private partner may use
their portion of revenues for projects not related to road and bridge infrastructure.
. Tolls have been collected along the Overseas Highway twice in the history of the Keys. Card
Sound Road currently has a tollbooth ($1 south and northbound).
. Many drivers into the Keys will have paid multiple tolls already and should not consider a Keys toll
onerous.
. Monroe County leads all counties in America in number of National Parks, Sanctuaries, and
Wildlife Refuges. Thus, there is unparalleled value in a visit to the Florida Keys.
. New All-American road status invites the world to visit the Florida Keys and experience our
history, environment, and culture, likely increasing the volume of visitors by automobile.
. Constituents', media and business associations' interest and willingness to consider a toll
entering the Keys is on the rise.
. The penny sales tax proposed to generate wastewater revenue mayor may not be successful.
y It is unknown whether or not voters will support an additional penny sales tax.
y Sales tax revenues alone may not be sufficient to fund wastewater projects.
Y If passed, the sales tax rate in Monroe County would be higher than that of New York City.
EXECUTIVE SUMMARY 2 of 5
Tolling USl / Monroe County
EXECUTIVE SUMMARY
. Prior concerns that a toll could be a "ruse" to extract the State and Federal governments from
assistance with funding our waste water projects have proven to be something of a red herring; even
without a toll, State and Federal funding involvement have been insufficient to meet AWT standards
county-wide.
. Until Monroe County's wastewater mandate is funded, all potential revenue sources should be
explored.
POTENTIAL REVENUE
It is premature to estimate revenue potential as issues related to the cost of construction,
administration, etc. are unknown at this point. However, assuming for the sake of discussion that
all vehicles would pay the same rate and using current FDOT southbound traffic figures
(southbound only) on the 18-mile stretch and Card Sound Road, tolls could generate gross
revenues of $3.87 million ($1 per trip southbound only) to $23,214 million ($6 per trip southbound
only) annually.
FLORIDA KEYS TOLLBOOTH HISTORY (see section I)
Tolls have been collected along the Overseas Highway twice in the history of the Keys. Card Sound
Road currently has a tollbooth ($1 each way)
1927 A ferryboat from No Name Key to Key West collected a "toll" for county
1938 Big Pine Key toll - tolls were collected for road/bridge work after 1935 hurricane. The
tollbooth was removed in the 50's once bond was cleared.
1999: BOCC passes resolution (118-1999) in support of a "non transportation toll on U.S. 1".
"Governor's office is warming to the idea of toll booth" / BOCC Nora Williams
Problematic issue was primarily about use of funds (infrastructure vs. roadways)
2000: Commissioner Neugent, Key West Mayor Weekley & officials from Islamorada, Key Colony, Key Largo
met to discuss $5 southbound toll
. "Proposed 18-mile Stretch toll must bring in at least $15m annually," says Neugent
. Proposal included resident pass, employee pass, weekend surcharge (Neugent)
. # based on average of 8-12,000 cars travelling over the Stretch each day
. Majority of Stretch exists in Dade County (bottom 5-6 miles in Monroe County)
. Will take at least 5 years of political negotiating and construction
2001: "Stretch plan includes a disappointment" - no mention of toll booth" (editorial in The Key West
Citizen)
EXECUTIVE SUMMARY 3 of 5
Tolling USl / Monroe County
EXECUTIVE SUMMARY
2003: Commissioner David Rice brings up tollbooth idea to raise funds for county
. Have to look for state legislation for more flexibility in how funds can be used
. BOCC discusses Commissioner Murray as delegation to Tallahassee
. Alligator Alley as precedent for use offunds (see LEGISLATIVE section)
2009 KW Citizen Editorial Board calls for toll booth over increase raise in taxes
CARD SOUND ROAD (See section 2)
The $1 toll (north and southbound) revenues averaged $l.5m per year (2007 & 2008). Monroe
County Public Works uses monies collected for road and bridgework in that area.
TOLL LEGISLATION (See section 3)
Two Florida Statutes suggest there is a strong argument that toll funds may be used for projects
other than road and bridge (FDOT).
. Florida Statute 338.26: The Everglades Forever Act (EFA)
. Florida Statute 334.30: Public-Private Transportation Facilities
In 1994, the Florida Legislature passed landmark legislation, which addresses the environmental
concerns of the Everglades and Florida Bay. Section 338.26, Florida Statutes, entitled "Alligator
Alley toll road," provides for the continuation of parkway tolls to be used as a funding source to
help restore the Everglades (and Florida Bay).
Tolls revenues must be split equally between the Everglades and Florida Bay restoration projects.
Projects that qualify for these funds include the Everglades Construction Project (ECP); land
acquisition; water conveyance projects that enable more water resources to reach Florida Bay;
engineering design plans for wastewater treatment facilities for Florida Bay marine waters; and
highway redesign to improve sheetflow of water across the Southern Everglades.
Florida Statute 334.30 Public-private transportation facilities may be created that provide for the
leasing of toll roads to the private sector with a negotiated portion of excess revenues from tolled
or fare generating projects returned to the transportation department over the life of the public-
private agreement.
EXECUTIVE SUMMARY 4 of 5
Tolling USl / Monroe County
EXECUTIVE SUMMARY
FUNDING OPTIONS (See section 4)
USl is a Federal Aid Highway, maintained by the State of Florida Department of Transportation.
Preliminary research has identified two (2) potential funding sources for toll construction beyond
financing and bonds.
Federal Aid Funds
Title23 United State Code (23 u.s.e) Section 129 Toll Agreements. If Federal-Aid funds are used
for construction of or improvements to a toll facility or the approach to a toll facility or if a State
plans to reconstruct and convert a free highway, bridge or tunnel previously constructed with
Federal-Aid funds to a toll facility. A toll agreement under Section 129 (a)(32) must be executed.
Public/Private
Florida Statute 334.30 Public-private transportation facilities provides for the leasing of toll roads
to the private sector with a negotiated portion of excess revenues from tolled or fare generating
projects returned to the department over the life of the public-private agreement.
EXECUTIVE SUMMARY 5 of 5
Tolling USl / Monroe County
HISTORY
_ i
Matecumbe Key 1938
Tolling USl / Monroe County
HISTORICAL PERSPECTIVE *
There have been two times in Florida Keys' history that a toll was collected along the Overseas
Highway.
1927:
1928
1930:
1932:
1934:
1938:
1944:
1947:
1954:
A ferryboat from Lower Matecumbe to No Name Key collected "toll" money for
the county. $3.50-$6.50 per vehicle depending on size/driver included and each
additional passenger was $1.00.
Designated State Road 4A (now Monroe County Road 905)
Ferry service was inadequate and City of Key West was not satisfied with
service so plans were begun to bridge the water gaps for vehicular traffic
Congressional Records referred to it as the "Oversea" Highway
Monroe County had already indebted itself to the hilt so the Overseas Highway
Bridge Corporation (OHBC) for the creation of a toll road was formed. Monies were
borrowed, once paid the highway would be deeded to Monroe County.
The OHBC was dissolved and reorganized as the Overseas Road and Toll Bridge
District (OR& TBD)
After the 1935 Hurricane, a toll was constructed and placed in Big Pine Key (near
Catholic Church). Matacumbe Key - "Toll Booth Inn". The Public Works
Administration approved a loan to the Overseas Road and Toll Bridge District for
$3.6 million. The District in turn issued revenue bonds to be repaid with road tolls.
The F.E.C. Railway was washed up in more ways than one - it was bankrupt like
Monroe County. Monroe County's population was mostly in Key West;
therefore, for the county to survive, either the railroad or the highway had to
exist. The highway in the Upper Keys was not seriously damaged. The highway
won over the railroad.
As federal funds were used for the third major modification of the highway, the
improved highway was designated US1 making the journey between Fort Kent,
Maine and Key West, Florida complete.
The railroad maintenance village on Pigeon Key served as headquarters for the
Toll and Bridge Commission. All construction, maintenance, and operations
were directed from this small island. Tolls were one dollar for the vehicle and
driver, plus 25 cents for each passenger.
The Florida Keys Weekly News of November 1947 listed 15,254 vehicles with tolls
of $29,275.25. In 1952, rumors and investigations of misuse of toll revenue
resulted in Monroe County residents being given a free pass.
The toll road ended. The bonds had been paid so the Governor ordered the toll
be taken down ("sources say") against the wishes of the county.
* Overseas Highway only - Card Sound Road under separate tab
HISTORY 2 of 18
Tolling USl / Monroe County
HISTORICAL PERSPECTIVE *
1955:
A super-highway was proposed. It was a $200 million project with six lanes to
KL,4 lanes to Marathon and 2 lanes to KW. It too was to be a toll road.
RECENT TOLLBOOTH INITIATIVES AND CONVERSATIONS
03/1999:
. BOCC passes resolution 118-1999 in support of a "non-transportation toll on U.S. 1."
11/1999
. BOCC Nora Williams meets with Gov Jeb Bush re: tolling USl
. "Governor's office is warming up to idea of a tollbooth at the top of the Keys"
BOCC Williams
. "the time to move on this is now" Gov Jeb Bush
. Everglades policy coordinator and former Monroe County Sheriff J. Allison DeFoor
confirmed the issue was being studied.
. Concerns among state officials over the restrictions on how toll funds could be spent.
Under current state law, funds collected from road tolls must be earmarked for
transportation projects.
. "there is discussion that there may be language put in the Aligator Alley toll
[legislation] that will allow for what we are looking for now. " BOCC Williams
. "The last I heard, was that the original proposal was flawed and we would not get 100 percent
of the money. This [splitting revenue with FDOT] is not acceptable. . . this money should be
designated for infrastructure. . ." Rep Ken Sorensen
12/1999:
. Rep Ken Sorensen announced opposition to the toll concept because it could be a "ruse
for extracting the state from involvement in solving wastewater problems in the Florida
Keys."
. Gov Bush, Sorenson and Teresa Tinker (growth mgmt and planning policy coordinator)
met to discuss tollbooth and how it could pay for wastewater solutions for the Keys
. Tinker said tollbooth would not be set up to solve all the wastewater problems. Those
still would require a big financial boost from fed and state gov'ts
. Sorensen wanted talks delayed until definite numbers for how much sewage solutions
wi II cost
. "How will toll affect the Keys' tourism?"
. Is there a place to put the large, multi-booth facility?
* Overseas Highway only - Card Sound Road under separate tab
HISTORY 3 of 18
Tolling USl / Monroe County
HISTORICAL PERSPECTIVE *
2/2000:
. Meeting with Neugent, KW Mayor J. Weekley, reps from Islamorada, Marathon, Layton,
Key Colony Beach and Key largo
. Neugent proposed a $5 southbound-only toll and matching toll on Card Sound Road
. "The toll will not adversely affect tourism" BOCC Neugent
. Sorensen's office estimates net revenue at $2m per year (assumptions: 9,000 cars
payi ng $2
. A proposed 18-mile stretch toll must bring in at least $15 million a year to be
worthwhile" BOCC Neugent
. Neugent's estimate assumes 10,000 cars plus annual resident, employee, weekend
surcharge, holiday surcharge and additional axles passes/fees. ($15-23m)
. Officials requested definitive numbers (vehicular traffic) as FDOT and Growth Mgmt
quoted different numbers
. Majority of 18-mile stretch exists in Dade County
. Tollbooth must have 1 mile of visibility leading up to it Charlie Brooks
8/2001:
. "There was no mention in the decision [what to do with the 18-mile stretch] about including
a toll booth. . . It is a proposal that needs to be revisited."
"If Keys' residents were granted a substantial discount and tourists were charged. . .$5,
there could be a hefty fund that could be used to help offset the environmental impact that
up to four million annual tourists have on the Keys." KW Citizen Editorial
5/2003:
. "Conservation of the FK natural lands could cost $60m+ in coming years, and county
commissioners say the county does not have the money. BOCC will look at ways to raise
the funds such as a toll booth on US1, and make plans to ask the state and fed gov't to help
pay the expenses." KW Citizen
. "A toll booth on busy US1- a reoccurring idea that has always been defeated - could be
one way to raise money. I am hearing surprising acceptance of a toll from the people that
were not in support of a toll in the past" BOCC Rice
. "USl is under the authority of the state, and there are strict requirements of how the
money can be spent that do not allow the purchase of natural lands." BOCC Rice
4/2006:
. "According to one of the 15 toll collectors [Card Sound Road], traffic going to and from
Ocean Reef increases after the first week in November as winter residents fill the gated
community. Workers are not allowed to enter the club until after 8 am during winter
months." KW Citizen
* Overseas Highway only - Card Sound Road under separate tab
HISTORY 4 of 18
Tolling USl / Monroe County
HISTORICAL PERSPECTIVE *
3/2009:
. "BOCC wrestling with the idea of raising the tax on gasoline to fund much-needed repairs on
the county's 28 bridges and 389 miles of roads."
. "This brings us [Editorial Board / KW Citizen] to an idea that has been raised many times
over the years, but never seriously pursued - place a tollgate on USl at the entrance to the
FK."
. "Of course, doing so would be politically difficult, and it could not happen without
legislative action. Traditionally, road toll revenue has been used exclusively on
transportation infrastructure, but applying that revenue to county roads and bridges could
be problematic. But we believe a precedent was set with Alligator Alley - a section of
Interstate 75 - where the legislative enabled use of toll revenue for non-transportation
infrastructure proposes. Clearly, the impact of millions of tourists per year on the FK
provides a strong argument for an impact-related toll, which might also be used offset the
cost of wastewater projects and other infrastructure."
. "Some have expressed fear that a toll would have a negative impact on tourism. We differ
with that view. Consider that there now is a $6 toll on Sanibel Causeway to visit that island
tourist destination."
. "Special rate for Monroe County residents and commuters and finding a site for the actual
tollbooth area that would cause minimum environmental damage."
. "A Keys toll would not be an easy solution; it would require hard work, political skill and
support from officials at all levels of Govt. But it would be a sustainable and use-based
revenue stream that would better serve the Keys in the long Term."
KW Citizen Editorial
* Overseas Highway only - Card Sound Road under separate tab
HISTORY 5 of 18
Sch reck-Carol
I=rom:
mt:
~o:
Subject:
TEBEEMANSR@aol.com
Wednesday, October 07,20097:07 PM
Wigington-Kim; Marble-Terri; BOCCDIS3; BOCCDIS4; BOCCDIS5
TOLLING THE KEYS
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't'h,. ~tsofthissubmission may be viewed at: http://kevsnews.comlnode/8049/submission/3369
~
HISTORY 6 of 18
Keys News Archive Search
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Bad timing for gas tax. but reconsider a toll- 03/25/2009
_[<'il"~_~ _.tQ__S~pn;::tLBe.~,I,J,_I1.~
The Monroe COlUlty Commission has been wrestling with the idea of
rais1l1g tile tax on gasoline to tlUld much-needed repairs on tile
county's 28 bridges and 389 miles of roads. Last week, tile
commission decided not to raise tile tax. It also decided not to share
the fuel tax revenue witll the ITIlUlicipalities of Layton, Marathon and
Islamorada, as it has for several years.
The big problem Witll tile tax on gasoline, no matter how it is divided,
is that fuel tax revenues are decreasing. Gasoline usage is on its way
down. Global warming, diminishing supplies of oil, dependence on
oil from the Middle East are serious factors driving tllis reduced
consumption. More efficient automobiles, alternate ener!:,'Y sources
and driving practices to conserve fuel also are becoming more
prevalent.
Due to tile reduced revenue stream from fuel taxes, states. cities and
the federal government are looking for ways to derive money to
maintain transportation infrastructure from road use, rather than from
gasoline consumption.
This brings us to an idea that has been raised many times over tile
years, but never seriously pursued -- place a tollgate on US. I at tile
entrance to the Florida Keys.
Of course, doing so wOl~d be politically difficult, and it could not
happen WitllOut le!,"slative action. Traditionally, road toll revenue has
been used exclusively on transportation infrastructure, but applying
that revenue to COlUlty roads and bridges could be problematic But
we believe a precedent was set Witll Alligator Alley -- a section of
Interstate 75 -- where tile Legislature enabled use of toll revenue for
non-transportation infrastructure purposes. Clearly, the impact of
millions of tourists per year on the Florida Keys provides a strong
ar!,'lIIJ1ent for an impact-related toll. which might also be used offset
the cost of wastewater projects and other infrastructure.
Some have expressed fear tllat a toll wonld have a negative impact on
tourism. We differ witl, that view. Consider that tllere now IS a $6 toll
on Sanibel Causeway to visit tllat island tourist destination. Crossing
the relatively short Rlckenbaeker Causeway to Key Biscayne requires
a $1.50 toll.
hI addition to justifYing the use of toll revenue, myriad other details
would have to be worked out, including a special rate for Monroe
COIUlty residents and commuters, and finding a site for the actual toll
booth area that would cause minimwn environmental damage.
A Keys toll would not be an easy solution; it would require hard
work, political skill and support from officials at all levels of
government. But it would be a sustainable and use-based revenue
stream that would better serve tile Keys in the long term.
n The Citizen
_B~~kJQ_ _.S~Q_rd!_B.es.w.t~~
:.---....:-....
June 8, 2009
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HISTORY 7 of 18
Keys News Archive Search
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Motorists getting free pass at toll booth - 12/20/2006
_[,i~Lc;JsJQ5_~qJ~JJ RS'sults
BY STEVE GIBBS
Free Press Staff
NORTH KEY LARGO -- For the past 22 days early-morning
vehicles passing through dle toll booth on Card Sound Road have not
been charged dle $1 toll.
As road construction on the 18-Mile Stretch begins to consn'ict traffic
flow and as winter brings seasonal residents and workers to the
private Ocean Reef Club, traffic has intensified on dIe secondary
roadway linking d,e Keys to the mainland.
According to one of dIe 15 toll collectors, traffic going to and from
Ocean Reef increases after dle first week in November as winter
residents fill the gated commlmity, Workers are not allowed to enter
the club until after 8 a.m. during winter months.
The recent morning logjam of cars and trucks has resl~ted in COlll1ty
Administrator Tom Willi ordering toll takers to allow all soudlbOlmd
vehicles through at no charge between 7:45 and 8:30 a.m
"[Motorists] have backed all dle way up to dIe Miami-Dade COlll1ty
line." Willi said. "We have picked a spot on dle road and when tranic
backs up to that point we release the tolls."
Callers to dle Free Press have asked why dley must pay dle toll when
dley head north in dle morning while southbound traffic flows dlrough
without paying.
According to Willi. Joe Medallion, director of Roads and Bridges for
the Monroe County Public Works Department. has estimated dIe loss
of revenue at $3,800 to date, which means an average of 190
motorists are allowed through each day without paying
A toll booth worker, who asked to remain anonymous, estimated as
many as 1,000 vehicles a day are passing through without charge
during the morning and afternoon rush holU"s.
At $1 per vehicle. the COlll1ty cOl~d be losing much more than dle
tib'llfe cited, though a percentage of dlOse being waved dlroUgh are
workers with pre-paid passes,
Willi told the Free Press dlat he did not think tolls were being lined
for northbOlll1d rllSh hour traffic. lie also pointed out the loss of
revenue was not as egregious as it may appear.
"We have an agreement with [dle Florida Deparnnent of
Transportatlonl to reclaim lost revenue." Willi said
sb~bbs@keysnews.com
~Q<;L1Q~~illb_F~uJts
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June 9, 2009
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better than this
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you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's
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HISTORY 8 of 18
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Night road work continues - 04/05/2006
~9_~k,JQ__~.~g_rIb__B~_~\-,l.~.??
NORTH KEY LARGO n Construction crews will continue with night
time work on County Road 905 and Card SOlmd Road to install
camera poles for the Florida Department of Transportation's
Intelligent Transportation System.
Niglmllne lane closures on single alternate lanes are scheduled for
COlmty Road 905 trom 9 p~m. to 5:30 a.m. Monday, April 10
Flagmen will be present to direct both southbound and northbOlU1d
traffic through the work wne
Card Sound Road will be completely shut down trom 9 p.m to 5:30
a~m. Tuesday and Wednesday, April 11-12. The limits of tlle
shutdown are trom approximately six miles SOUtll of U.S I to
approximately two miles east of the Monroe County toll booth.
Flagmen will be present to direct only emergency vehicles and local
traffic, which will have tllrough access on Card SOlU1d Road. All
other traffic will be detoured as follows:
- NorthbOlmd b~affic
Traffic coming trom SOUtll of Card Sound Road will be routed to
County Road 905, continuing on to Key Largo and then connecting to
US I
- SoutllbOlllld traffic
Traffic coming trom nortll of U.S I will be routed to Key Largo,
continuing on to COllllty Road 905 and then connecting to Card Sound
Road.
Motorists may expect ll11usual delays during tllese constructioIi~"
Variable message signs will be placed at various locations to alert .
motorists of upcoming lane closures and detollrs.
FOOT's ITS system uses electronics and communication equipment In
an effort to improve traffic flow on Florida's major roads.
Components include closed circuit TV cameras that provide a live
picture of road conditions; dynamic message signs that provide
motorists with information about potential traffic delays, evacuation
efforts and Amber Alerts; sensors that detect unexpected delays; and
wireless technology that relays information to FOOT's Transp0l1ation
Management Center.
For more information about lane closlU~es or tlle ITS system, contact
Carlos Sarmiento at (305) 499-2410
Back tQ_5J~J!r~JLf?:~5LJ!t;_~
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June 9, 2009
.w~yn:ll:.~tllJ:~:lf"'~...~_
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_fIY~:-.Q~~~?s~
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9J,JLcJ(eJQ
10cJQmg.
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It doesn't get any
better than this
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Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's.
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Monroe County looks for cash to buy conservation land - 05/19/2003
l'l,KktQS\,Qrc:h ReSlJlts
BY TRAVIS JAMES TRITTEN
keysnews.com
Conservation of the Florida Keys natural lands could cost $60 million
or more in coming years. and county commissioners say the county
does not have the money.
The Monroe County Commission will look at ways to raise the funds
such as a toll booth on U.S. L and make plans to ask the state and
federal government to help pay the expenses during its monthly
meeting in Key Largo on Wednesday.
Because of strict growth restrictions. much of the remammg
undeveloped land in the Keys cannot be built on. The county must
purchase such land from private owners who are deprived of their
property rights.
"The question is as it always has beeR 'Where is the funding going to
come from?'" County Administrator Jim Roberts said. "I don't think
there is any magic pot of money out there."
The county had received about $3 million a year from the state for
buying land for conservation. but the funding stream dried up. Roberts
said.
Plans last week to apply for a competItl ve state grant for the
purchases were scrapped because the county did not rank high
enough said Tim McGarry. director of county Growth Management.
A proposed Monroe County fee on the purchase of homes. sponsored
by Rep. Ken Sorensen, failed in the state Legislature this year.
Originally, the fee would have been put into a trust fund to pay for
land acquisition and other critical Keys issues.
"I think we are going to have to look to several alternatives for
raising revenues," Commissioner David Rice said.
A toll booth on busy U.S. I -- a reoccurring idea that has always been
defeated - could be one way to raise money, Rice said.
"I am hearing surprising acceptance of a toll from the people that
were not in support of a toll in the past," he said.
Rice said the toll would likely be more than 50 cents. but that it is too
early to make any estimates on the cost.
"Certainly. if you arc looking at a toll that is only raising a small
amount of money. it would probably not be worth it" he said.
However, U.S. I is under the authority of the state. and there are strict
requirements of how the money can be spent that do not allow the
November 3, 2009
.v.~~:lI):~:l[I".~"j_
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F Ivepa'Lfor"-c,,s I
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It doesn't get any
better than this
Watch the sunset from
Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's.
Ch~ck 9uLourK~yf.> Web
c:;aITls.
.~ :rllICII.U 11I1;il :\'-
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HISTORY 10 of 18
11/3/20093:31 PM
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purchase of natural lands, Rice said.
"We would probably have to look for [state] legislation for more
t1exibility," Rice said.
The commission will also discuss sending a delegation., headed by
Commissioner Murray Nelson., to Tallahassee to convince the state to
match what funds the county can spend.
Monroe County could produce about $10 million from its
infrastructure funds to buy up lands, Commissioner George Neugent
said. With a state and federal match, $30 million would be available
for preserving the Keys' unique environment.
Also on the agenda for the commission meeting at the Key Largo
Library:
*y* A proposed law that would set uniform requirements for resident,
of unincorporated Monroe County that must hook into new sewage
treatment systems.
*y* The county's new plan for post-disaster recovery and
redevelopment.
*y* A proposal to eliminate permitting fees for atlordable hOlL,ing
projects that receive funding from the county.
ttri tten(j!lkeysnews. com
SIDEBAR: Closed door meeting
Today, the county will hold a closed-door meeting with its legal
counsel in Key Largo to discuss two long-standing lawsuits.
A suit by Key West attorney Michael Halpern charging the county
with years of fraud and racketeering was dropped months ago, and
now the county wants Halpern to pay its court costs.
Halpern alleged that the county participated in a corrupt relationship
between former County Attorney .Tim Hendrick and developer Pritam
Singh. Hendrick and Singh used their power and int1uence to crush
rivals and stream roll over building regulations for 20 years, he
claimed.
Halpern dropped the suit a day before the first hearing in the case.
Hendrick and Singh denied the claims.
A county code enforcement lawsuit against Alfred Gustinger was
nearly concluded, but the defendant died in a plane crash along with
three members of his family.
Attorneys for the county are asking how they should handle the case,
which was filed over outstanding code violations on a property in
Islamorada .
The county held a lien on Gustinger's property when he was killed on
Feb. 17 with his son, daughter-in-law and grandson.
~a_ck to_~ejlrc;bB~LJlt?
HISTORY 11 of 18
11/3/20093:31 PM
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Stretch plan includes disappointment - 08/26/200 I
f:tQ-,J:,~Q~~1J R~lJ!!;2
While we would have liked a change here and tllere, we applaud
Gov. Jeb Bush, TransportatIOn Secretary Tom Barry and others at tlle
state level for finally coming to a "decision" on what to do Witll tlle
18-Mile Strctch.
The two-lane highway from Florida City to Key Largo allows few
opportlmities for legal passing. It is always an accident waiting to
happen. And they do.
As government bodies from one end of the Keys to tlle otller have
wnmg tlleir collected hands, making a variety of suggestions for
upgrading the Stretch. we have contended tl,at the section of highway
shOl~d be safer, and that tlle capacity issue critical to hurricane
evacuation needs to be addressed
The concrete center barrier will make it safer: at least removing the
constant possibility of head-on collisions.
But we are disappointed that the governor and his staff have skirted
the capacity issue. Several other questions went lUlanswered as well
The plan on tlle Stretch calls for two 12-toot travel lanes and a
14-foot paved median witll a 2-foot-wide barrier down the middle to
prohibit tlle head-on collisions. On tlle outside of the nortllbowld lane
will be an 8-foot paved evacuation lane that will have rumble strips
to discourage drivers from passing on tlle right. On the outside of tlle
soutllbOlll1d lane will be a 6-toot paved shoulder
It is difficl~t to imabone tllat drivers in a hurry won't be attemphng to
pass on tlle right. nunble strips or not. As we llave stated here many
times. a second outbOlmd lane would have addressed tl,at issue.
The Jewfish Creek Bridge. which is at the beginning of tlle
northbolmd Stretch and at the end of tlle soutllbOlmd, wi II become a
two-lane bridge Witll a concrete median matching tlle one on the
highway. There will be a 10-foot nortllbowld shOl~der that can be
used during evacuation as well as a seven-foot soutllbOlmd shoulder.
To some. all tllese lanes are ready-made for a flltlITe f'our-lane
highway. That might improve capacity, but it also would make it
easier tor Miami-Dade COlmty residents - tlle dreaded day trippers -
to motor into and out of the Upper Keys.
The Key West City Commission, the Marathon City COlmcil and tlle
Key West Chamber of Commerce had all called for a plan to expand
the Stretch to fOlIT lanes. Upper Keys groups llad pleaded tor two
lanes.
What we have received is a little bit of both.
There was no mention in the decision about including a toll booth.
perhaps at tlle soutllern edge of the Stretch. and charbong visitors to
tlle Keys,
It, also, is a proposal that needs to be revisited.
If Keys residents were granted a a substantial discOlmt and tourists
were cbarged, say $5, there could be a hefty flmd that could be used
to help offset the environmental impact tllat up to four million annual
tOlITists have on the Keys.
Although after two years. the governor has now signed off on a
highway plan, which also calls for additional lanes at specific spots
between Big Pine Key and the Stretch, it will take several years to
complete tile entire project
The concept has to be further advanced to a desi gn pi an Money needs
to be acquired to tlmd tlle project. Nwnerous permits have to be
granted And. tllen the construction work can begin
Disappointments aside, we are just glad finally to see torward motion
toward fixing a problem that has been mired in contention for years.
_12-g~1._LQ___~2JI:_bR~,5_!-Jlt5
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June 9, 2009
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It doesn't get any
better than this
Watch the sunset from
Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's.
Cbg<::1< QutQjJLI<.~ys WElI:J
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HISTORY 12 of 18
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ToU talks raise more questions - 02/11/2000
I:lQ~_,I\_t_Q--.S_e~_r_(h_Re~_\Jll;s
By ERIK SLAVIN
Citizen Middle Keys Bureau
MARATHON - A proposed 18-mile Stretch toll must bring in at least
$15 million a year to be worthwhile. COWlty Commissioner George
Neugent and other officials said Thursday.
Neugent met with Key West Mayor Jimmy Weekley and
representatives ITom Islamorada, MaradlOn, Layton, Key Colony
Beach and Key Largo to discuss whether toll revenue cOl~d
significandy fund sewage systems in dle Keys.
Neugent proposed a $5 southboWld-only toll on the road leading
down to U.S. I, and a matching toll on Card SOWld Road.
The toll would not adversely affect tOlrrism, Neugent said.
"There is no indication d,at a toll WOl~d affect dle munber of people
coming to the Keys," Neugent said. "To put it in perspective, I don't
think anyone here would cancel a trip to Miami to see a sponing
event based on the tolls," Neugent said
However, a toll cOl~d have differing effects based on what tourists
are looking for, said MaradlOn cOlU1cilman-elect Jon Johnson.
"A person going to Key Largo for snorkeling and diving is different
than a person going down to dle La Concha [in Key West]," Johnson
said
Estimates on dle economic impact of a toll vary widely, as shown in a
memo ITom Rep. Ken Sorensen to Virginia Panico, executive director
of of the Key West Chamber of Commerce.
Sorensen's office estimates net toll revenue at about $2 million per
year.
That estimate aSStunes 9.000 cars per day paying $2 each.
Neugent's estimates aSStune 10,000 cars per day. plus the following
n 13,000 residents paying $36 per year for annual passes
n 2,000 employees paying $25 per year for annual passes
n A weekend surcharge of $2 and a holiday slrrcharge of $3
n Charges for additional axles on vehicles.
That total comes to $15.lmillion per year. If the toll cost $5, the toll
would produce about $23 million in revenues.
The couuty would use its share ofdle revenues to pay for waste-water
b.eatment, while the rest wOl~d be distributed to cities.
No one seemed sme how many cars travel to and ITom the Keys on a
daily basis, which cOl~d change revenue projections
Deparbnent of Transportation liglrres estimated dmt between 8,000
and 12,000 cars travel over the stretch every day, Johnson said.
Estimates from the Department of Growth Management and other
SOOlTes indicated different fi!,'lIfes. Most officials requested definitive
Illunbers before making any decisions.
Even if it becomes economically desirable, the COWlty may have
trouble finding a place to put dle toll
The lnajority of the 18-mile Stretch exists in Dade COlU1ty.
Flrrthermore, a toll boodl must have one mile of visibility leading up
to it, said Key Largo civic activist Charlie Brooks.
The COlU1ty must then consider if it needs to build additional lanes for
the toll, and how to do it without impacting environmentally sensitive
wetlands.
It will be take at least live years of political negotiating and
construction before dle proposed toll would be in place, officials
agrced.
6i::!1:J..lQ 5o;M~h. IY~.'3JJ Its
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June 9, 2009
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you'll find it
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Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's
CI1El..ckQut Qur Kgy~ Wr;=b
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HISTORY 13 of 18
Keys News Archive Search
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!i~tC~_lQ_;;~_Z3_LCJ}H~$ u.tt~
Could a tollbooth at the top of dIe Keys be a ruse for extracting the
state from involvement with solving wastewater problems in the
Florida Keys"
That's what has State Rep. Ken Sorensen (R~Key Largo) worried and
why, earlier this mondl, he annowlCed his opposition to the toll
concept
Sorensen, Gov. Jeb Bush and Teresa Tinker, a growth management
and planning policy coordinator, met to talk about dle tollboodl and
how it could possibly pay for wastewater solutions in the Keys,
Sorensen said.
Sorensen said a $2 toll would raise about $2 million a year tor
wastewater plans, a far cry from dle estimated $2 billion or more
needed to set up sewer systems and other water~quality control
measures
"Two million a year doesn't do a damn thing toward the potential debt
that's been mandated by the state," Sorensen said.
And dlat toll plan, he said, could allow the state to walk away from
obligations to help fund wastewater and water quality solutions.
especially if Bush proceeds widl his intention of abolishing the state
Area of Critical Concern designation for the Keys,
Tinker, however, said dle tollbooth would not be set up to solve all
the wastewater problems. Those still would require a big financial
boost from both the federal and state governments.
Sorensen wants any furdler talk of a toll to be delayed lmtil dle
cOlmty's wastewater consultant comes lip with definite munbers for
how much sewage solutions in the Keys will cost and for more
assurances that the state will be contributing to dlOse solutions,
That's a good idea
Also, there are still some other local concerns - financial and
environmental ~ dlat must be looked at carefully before the tollbooth
process goes further.
On the financial side, how will a toll affect the Keys' main livelihood
of tourism" At what toll rate do you begin to discourage many of dle
so~called "day~trippers" dlat are important to d,e tourist economy,
particularly in the Upper Keys"
US. I is not Card SOW1d Road. One tollboodl will not be able to
handle all dle auto and truck traffic heading into the Keys
It will take a large, multi~boodl facility to collect tolls efficiently so
traffic is not backed up to Homestead. Is dlere a portion of the
18~Mile Stretch wide enough to accommodate a large, multi~boodl
facility without encroaching upon ecologically sensitive lands"
These issues and odlers shOldd be settled before the state proceeds
filfther with any tollbooth plans,
!;;"J:,tQS~!};tLP--"-'-i.!1t5
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June 9, 2009
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lodging.
.'.'.:Il'I"'''\.....~I:'''':J;1jj "',,:11
It doesn't get any
better than this
Watch the sunset from
Mallory Square, even if
you are stuck in
Wisconsin Or enjoy a
virtual Margarita at Sloppy
Joe's,
C::h.e<::k Qut our Ke."s\,I\/~
C::ilm~
_.;l_Hui!I\ti.\.~U.
''''~
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s.... Key. Photos!
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HISTORY 14 of 18
Keys News Archive Search
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TOLL11.24- 11/24/1999
I?~J,:k~~<lli;;hB~~~115
By HARLEN BROWN
Citizen Upper Keys Bureau
KEY LARGO - The governor's office is warming up to dle idea of a
toll booth at dle top of Keys,
Two COlUlty officials said Gov, Jeb Bush is considering tlle toll after
meeting witll them in Tallahassee last week
Monroe COlll1ty Commissioner Nora Williams said Bush believes
llthe time is now to move on the issue."
Williams said the governor is considering a munber of projects toll
revenues could hmd,
"The governor is shaping up what he is looking to push on the toll, but
he feels the time is now to move on it," she said
Bush was tUlavailable for comment, but his Everglades policy
coordinator and fonner Monroe Cotmty Sheriff J, Allison DeFoor
confinned the issue was being studied,
"We have been taking a good hard look at that," DeFoor said, "There
isn't much more I can tell you about it, at this time,"
Williams said there are some concerns among state ofticials over die
restrictions on how toll ftmds could be spent Under current state law,
funds collected from road tolls must be earmarked for transportation
projects,
CotUlty offiCials, however, want to use tlle money for infrastructure
improvements, such as wastewater and stormwater projects and land
acquisition,
Such spending would help the cotmty ti1lfill die reqnirements of its
comprehensive land use plan,
"There is discussion that dlere may be lan!,~lage put in the Alligator
Alley toll [Ie!,>islation) that will allow for what we are looking tor
now," Williams said "There is still some homcwork that needs to be
done,"
State Rep, Ken Sorensen, R-Key Largo, said he has not been in
contact with Bush on dle toll issue,
But, "The last I heard was dlat die on!,>inal proposal was flawed and
we would not get 100 percent of the money,"
As Sorensen last understood. the CotUlty wot1ld have to split the
money widl DOT
"This was not acceptable," he said, "This money shot1ld be designated
for infrastructure, and until we get the land-use plan from die cOlmty,
we're not going to know just how much it's going to cost
"We have heard fi!,~u'es on wastewater costing Monroc COlUlty
between $1 and $3 billion." Sorensen said,
It's also tUlclear how much to toll will cost. he said
"Right now, we don't cven know whedler the toll wo,1ld be $1 or
$ I 0," he said,
Additionally, the process of setting up a toll is much more
complicated if die revenue isn't earmarked solely for Florida
Department of Transportation projects,
"If die ftUlds were all going to be directed to h'ansportation, then
FOOT cOl1ld direct that the toll booth be put in," said Yvonne
McCormick, public relations director for FOOT's soudlem district
"Then again, if the money was going to be directed toward other
sources, it would be necessary for dle plan to go to the governor, who
wot1ld dlen submit it to the Florida Legislature for their approvaL"
McCormick said DOT would still be part of the plan bccause It
wot1ld have to build and maintain die toll booth
B-.9J:k tQ_SeMch Resu1ls
~.*__IW..:"'"
June 9, 2009
.\'I~,'If~:i:ll:.:i.T:~':>ror.l.."_
Click here for
fj'{~:-l2iY-_Fo_re_;:;a_~!
.':c;,.::.,
.,..... . ',,~Y
'~-A.},.... '.;_"~
. ,
.4t:~~. ,
:t :ii'f:llrilll'tf~rc
From 5-star I
resorts to
scenic camp
ground,
you'll find it
all in our
gUlcjsoJ9
10.Qgir:lg
IW :lllrlf,\.\ ,,"'.~I:1.,\:U jj,,"i>l
It doesn't get any
better than this
Watch the sunset from
Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's.
Chec;k Old! Q.lJ.r..KE:Ys Web
C?ms.
_.ili1tIDI~i!.~l\.2I,t:_
-~~
~
Cb"d, out th" Phol<,
naU8f')' W....kJy for
s.... Ke)'. Photoo!
Click here to YI.t3~E_~Q1Qs
HISTORY 15 of 18
Board of County Commissioners
RESOLUTION NO.~ -1999
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS IN SUPPORT OF THE CONCEPT OF ESTABLISHINti A~~~
'TRANSPORTATION TOLL ON U.S. 1 TO ASSIST IN FUNDfiG~T1."*,
IMPLEMENTATION OF THE MONROE COUNTY YEAR 2010 COMP~I\~
PLAN POLICY 101.2.13 C")::\-: ~
or;.
(FIVE YEAR WORK. PLAN) c::~:;c:
:z. c' :z:a
----i('")r :J:
WHEREAS, an incredible variety of state and national resources are containe4~ te=
boundaries of Monroe County, represented in numerous aquatic preserve~ n80nle
wildlife refuges, state and national parks, national marine sanctuaries and thousands or
acres of wilderness designated lands; and
WHEREAS, local, state and federal interests have made significant investments In
pursuing the protection of these unique resources over the past several decades; and
WHEREAS, Monroe County has been designated an Area of Critical State Concern and
has developed a comprehensive plan to accomplish unique land use goals such as water
quality and land acquisition; and
WHEREAS, while Monroe County welcomes the seasonal tourist population to the Keys,
the Commission desires that they contribute toward alleviating their impacts; and
WHEREAS, many of the visitors to the Florida Keys utilize U.S. 1 as the means of
entering this area; and
WHEREAS, Monroe County and the State of Florida have spent eight (8) years preparing
and deliberating the successful adoption of a comprehensive land use plan intended to
reconcile the outstanding issues which continue to threaten the vitality of these recourses;
and
WHEREAS, Monroe County is concerned about the quality of water, the need for land
acquisition, the availability of affordable housing, and the availability of recreational
opportunities for residents; and
WHEREAS, Policy 101.2.13, the Five Year Work Plan, identifies the actions, responsible
agencies, and timetable with which those agreed upon actions must be implemented,
including land acquisition, wastewater improvements, and stormwater management; and
WHEREAS, Policy 4 commits Monroe County, with the assistance of the Department of
Community Affairs, to report to the Legislature the full fiscal cost of implementing the
Plan, the state and local shares of such implementation, and recommendations for funding
initiatives and alternatives for implementation; and
HISTORY 16 of 18
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WHEREAS, Policy 1 of the Monroe County Year 2010 Comprehensive Plan recognizes
that implementation of this plan will require funding which exceeds the reasonable
budgetary constraints of Monroe County, and that as an Area of Critical State Concern
and site of unique natural resources of national importance, Monroe County should not be
expected to bear the sole burden of implementing these policies without substantial
financial assistance from state and federal partners; and
WHEREAS, the proper implementation of the Five Year Work Plan is anticipated to be
in the hundreds of millions of dollars; and
WHEREAS, the success of efforts to secure assistance from state and federal partners
requires clear guidance to these partners from Monroe County; and
WHEREAS, Monroe County is pursuing local funding initiatives as well as creative
funding partnerships to assure successful implementation; and
WHEREAS, a non-transportation toll on U.S. 1 has been identified both now and in past
discussions as a possible source of funding for such comprehensive plan implementation;
and
WHEREAS, tolls have been established in other areas to assist with non-transportation
costs associated with secondary effects of transportation impacts including the Alligator
Alley toll adopted by the Florida Legislature in the Everglades Forever Act and by the
United States Congress; and
WHEREAS, the State Administration Commission met on March 9, 1999, and approved
a proposed Rule amending the original Five-Year Work Plan and identifying actions and
criteria to continue the implementation of the Monroe County 2010 Comprehensive Plan
and especially identifying the steps necessary to protect and improve water quality and
protection of the environment; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Board of County Commissioners desires to continue the
implementation of the Monroe County 2010 Comprehensive Plan and seeks the
assistance of federal and state agencies in the financing of the implementation of that
Plan, as provided in the proposed Rule.
Section 2. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S.l in Monroe County for the purpose of providing needed
financial resources for such implementation, including funding for such activities as
support for publicly issued bonds, support for direct cost of activities, and support for
preliminary expenses leading to the implementation of the Comprehensive Plan.
2
HISTORY 17 of 18
Section 3. The Monroe County Board of County Commissioners supports the
implementation of a toll on U.S. 1 in Monroe County for such purposes as wastewater
treatment facilities, stormwater management, property acquisition, and other
environmental needs of the Florida Keys Area of Critical State Concern.
Section 4. The Monroe County Board of County Commissioners' funds for
the above purposes may be made available through the appropriate channels to Monroe
County government, the Monroe County Land Authority, or the Florida Keys Aqueduct
Authority as appropriate to implement the 2010 Comprehensive Plan.
Section 5. This resolution shall be forwarded to the Governor of the State of
Florida and the Monroe County Legislative Delegation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting of said Board held on the 24th day of March, 1999.
Mayor Wilhelmina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
Yes
Yes
Yes
No
YeR
. SEAL)
Attest: DANNY L. KOLHAGE
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By _1?, ~'^ ~n ..~"'-
Deput Cle
.. .. ~-
B.}U .~~,..&J ~, .. . ~., . ~ -". \
Mayor/Chairman
3
HISTORY 18 of 18
Tolling USl / Monroe County
CARD SOUND ROAD
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Tolling USl / Monroe County
CARD SOUND ROAD
Current Card Sound Road Revenue
There is a $1 toll each way on Card Sound Road. These revenues averaged $l.5m per
year (2007 & 2008 figures) (May be high due to vehicles avoiding 18-mile stretch
construction.) Monroe County Public Works use monies collected for road and
bridgework in that area.
FY04
FY05
FY06
FY07
FY08
FY09 YTD (09/09)
1,213,606
1,221,865
1,166,093
1,565,905
1,458,415
1,048,176
Card Sound Road Bridge
A major connection between mainland Florida and the Florida Keys, the current edition
of Card Sound Bridge is a high-rise toll causeway connecting southern Miami-Dade
County and northern Monroe County. It is one of only two ways that motorists can leave
or enter the Florida Keys (the other is U.S. Route 1). Toll for two-axle automobiles is USD
$1.00 (USD $.50 for each additional axle), and SunPass will not work at this toll. The toll
fee is waived upon evacuating the Keys for hurricanes or in instances in which US 1 is
impassable.
The primary responsibility for operating Card Sound Bridge lies with Monroe County, but
maintenance of the bridge itself is shared between Monroe County and the Florida
Department of Transportation. The bridge itself is on Card Sound Road, constructed by
then-Dade County in 1926 for the original Card Sound Bridge.
NOTE: Ocean Reef purchases bridge passes and sells to employees at a discounted rate.
Fire and Safety personnel do not pay for passes (info from Public Safety Personnel-
Kristin Perry 367-2611)
The first Card Sound Bridges
Like the Overseas Highway, the history of Card Sound Bridge begins with the Overseas
Railway - although at no time was the bridge part of Henry M. Flagler's plans. The
concept of an Overseas Highway (then called "Overseas Road") began with the Miami
Motor Club in 1921. At that time, southern Florida was undergoing a land boom, and
the club wanted to attract new tourists to an easily reached fishing area. In addition,
the real estate interests wanted access to thousands of acres of wilderness in the Upper
Keys to develop and sell.
CARD SOUND ROAD 2 of 6
Tolling USl / Monroe County
CARD SOUND ROAD
Commissioners from Dade and Monroe Counties agreed to build a highway connecting
Florida City to Key Largo. They preferred to build it alongside the Overseas Railroad,
which was completed in 1912; commercial interests and motorists attending the joint
meeting expressed a preference for a road extending to the southeast, to Card Sound,
instead. In 1922, Monroe County residents approved the issuance of $300,000 of bonds
for a new bridge; under an agreement with Monroe County, Dade County officials would
oversee the construction of an ll-mile (18 km)-Iong Card Sound Road to the wooden
drawbridge.
Construction of both the road and the drawbridge went slowly. The money ran out in
1925 and Monroe County voters were asked to approve the issuance of $2.6 million in
bonds in early 1926. The vote n passing the measure with only two dissenting votes n
enabled construction to continue.
The swing span drawbridge and road were both nearly ready for opening when, on
September 18, 1926 a major hurricane seriously damaged both. The bridge was
redesigned and rebuilt, raising the water clearance from five feet to nine feet to
accommodate storm surge. On January 25, 1928, the 2,800-foot (850 m), wooden, Card
Sound Bridge was finally opened to traffic.
CARD SOUND ROAD 3 of 6
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Tolling USl / Monroe County
LEGISLATION
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WELCOME
FLORIDA FREEWAY
Matecumbe Key 1938
Tolling USl / Monroe County
TOLL LEGISLATION
Two (2) Florida Statutes suggest there is a strong argument for "YES" toll funds may be used
for projects other than road and bridge (FDOT).
. Florida Statute 338.26 The Everglades Forever Act (EFA)
. Florida Statute 334.30 (public-private transportation facilities)
Florida Statute 338.26: The Ever~lades Forever Act (EFA) includes the legislative finding that
Alligator Alley, designated as State Highway 84 and U.S. Interstate Highway 75, contributed to
the alteration of water flows in the Everglades and affected ecological patterns of the historic
Southern Everglades. The legislature determined it is in the public interest to establish a
system of tolls for Alligator Alley to raise money to help restore the natural values lost by the
highway's construction.
Tolls revenues must be split equally between the Everglades and Florida Bay restoration
projects. Projects that qualify for these funds include the Everglades Construction Project
(ECP); land acquisition; water conveyance projects that enable more water resources to reach
Florida Bay; engineering design plans for wastewater treatment facilities for Florida Bay
marine waters; and highway redesign to improve sheetflow of water across the Southern
Everglades.
In 1994, the Florida Legislature passed landmark legislation, which addresses the
environmental concerns of the Everglades and Florida Bay. Section 338.26. Florida Statutes,
entitled "Alligator Alley toll road," provides for the continuation of parkway tolls to be used as
a funding source to help restore the Everglades (and Florida Bay.)
This was passed based on the determination that the construction of Alligator Alley
contributed to the alteration of water flows in the Everglades and affected the ecological
patterns of the historical southern Everglades.
. POINT 1: Evidence for the ecological and geographical connection between the
southern Everglades and Florida Bay / Florida Keys
Title XXVIII, 373.4592(1} Everglades improvement and management. -
The Legislature finds that improved water supply and hydro period management are
crucial elements to overall revitalization of the Everglades ecosystem, including Florida
Bay.
. POINT 2: Evidence that the building of the 18 mile stretch and all other
construction along US 1 has affected the ecological pattern of Florida Bay and Florida
Keys Waters
LEGISLATION 2 of 44
Tolling USl / Monroe County
TOLL LEGISLATION
. Point 3: Evidence that Canal 111 impacted the water quality/ecological system
of Everglades / Florida Bay / Florida Keys
Per section 338.26(3), Florida Statues, excess revenues (after operations and maintenance
expenses, annual debt service, system improvements, and other contractual obligations) may
be transferred to the Everglades Fund of the South Florida Water Management district for
environmental projects to restore the natural values of the Everglades. Section 338.26(4),
Florida statutes, authorizes the South Florida Water Management District to issue revenue
bonds and pledge the excess toll revenues from the Parkway as security for such bonds.
Financial Statements of the State of Florida
Department of Transportation
Everglades Parkway Toll Road
Fiscal Year Ended June 30, 2007
Prepared by: The Florida Department of Transportation
Office of the Comptroller
General Account Office
In 1996, the South Florida Water Management District (SFWMD) and FDOT received federal
authorization to redirect the use of Alligator Alley tolls for these projects. The Department of
Transportation and the District entered into a Memorandum of Understanding in 1997,
setting out the basis for depositing the funds in the Everglades Trust Fund.
To date, over $28 million of Alligator Alley toll revenues have been used for
Everglades/Florida Bay projects.
Florida Statute 334.30 Public-private transportation facilities provides for the leasing of toll
roads to the private sector with a negotiated portion of excess revenues from tolled or fare
generating projects returned to the department over the life of the public-private agreement.
In 2008, Florida Senator Dan Webster (R) proposed that the Lawton Chiles Endowment health
care program lease Alligator Alley for $500m. The toll revenue generated would go toward
bolstering the endowment's investment portfolio.
LEGISLATION 3 of 44
Tolling USl / Monroe County
LEGISLATIVE I ALLIGATOR ALLEY TOLL FUNDS
Alligator Alley toll revenues are deposited in equal portions into two funds: 406 and
408.
1. Fund 406 is the Everglades Trust Fund, which receives most of its funding from
the .1 mill levy in the Okeechobee basin, as well as Agricultural Privilege taxes
(EAA and C-139,) in addition to the Alligator Alley toll revenues. As part of that
funding mix, Alley toll revenues have helped fund all the projects in the
Everglades Program:
a) All the Everglades Contruction Projects (ECP) (STAs, etc.)
b) Implementation of the Long Term Plan including the Long Term Plan (LTP)
expedited projects, Storm water Treatment Area (STA) enhancements, STA
operations and maintenance, STA optimization, STA monitoring, source
controls, recovery of impacted areas, adaptive implementation, and Long-
Term Plan program management.
c) Debt Service on the financing for the construction of the EAA STA
Compartments Band C Project Build-outs
d) Research and evaluation in the Everglades Protection Area
2. Fund 408 is the Florida Bay fund, which is almost entirely funded by the annual
allocation of Alligator Alley toll revenue from the state. Since FY200S, the fund
has funded activities/projects in mainly two areas:
a) C-ll1 Implementation/ Modified Water Deliveries/ CSOP. For a description
of those projects, please refer to the attached narrative ("PK03 Projects...")
b) Florida Keys and Florida Bay projects. For a description of those projects and
activities, please refer to the attached spreadsheet ("408 Fund..."). This
spreadsheet also contains cost information by project and for the fund as a
whole.
LEGISLATION 4 of 44
-.J
2.6 Revenue Sufficiency
Florida Department of Transportation
Enterprise Toll Operations
Table 2.10
Alligator Alley
Net Toll Revenue Forecast ($000)
FY 2005 through FY 2016
As of June 30, 2005, bonds in the principal
amount of approximately $47.7 million
remained outstanding from the Alligator
Alley Revenue Bonds, Series 1997 issue.
Each year, an amount of principal and
accrued interest (annual debt service)
on the outstanding bonds becomes due
and payable. As a test of the ability of a
facility to repay the annual debt service,
a "coverage" calculation is performed. In
accordance with the 1997 Series Bond
Operating. Debt Servlcel4J
Adjusted Routine
Fiscal Gross Toll Maintenance Net Toll Coverage
Year Revenuel1J Expensesl21 RevenuelJ) Payment Ratio
2005 $14,437 $5.500 $8,937 $3,668 24
2006 18,548 6,317 12,231 3,667 3.3
2007 23,187 6,919 16,268 3,667 44
2008 23,771 7,162 16,609 3,667 4.5
2009 24,320 7,412 16,908 3,664 46
2010 24,857 7,672 17,185 3,664 4.7
2011 25,467 7,941 17,526 3,664 48
2012 26,021 8,218 17,803 3,666 4.9
2013 26,587 8,506 18,081 3,663 4.9
2014 27,111 8,804 18,307 3,665 50
2015 27,639 9,112 18,527 3,666 5.1
2016 28,219 9,431 18,788 3,663 51
(1) FY 2005 and FY 2006 gross toll revenue includes impacts of the SunPoss discount. The discount IS
discontinued in conjunction with the February 2006 toll rate increase.
(2) Periodic maintenance includes significant expenses for resurfacing of the entire facility; however, these
expenses ore not Included in the operating and routine maintenance expenses as bond resolutrons exclude
these expenses when calculating net revenue
(3) Does not Include investment Income and operating revenues available for debt service
(4) Annual debt service is obtained from the State Board of AdministratIon Annual Report for the year ended
June 30, 2005
-
Resolution, gross revenues are first required
to provide 100 percent of the administrative
expenses, operating expenses and routine
maintenance expenses. The amount of
revenues remaining (net revenues) is then
available for the payment of debt service. Both renewal and
replacement and other expenses funded by the Department
(work program projects, repair, restoration, etc.) are not
included in the operating and routine maintenance expenses
for debt service calculations. The Bond Resolution requires
that net revenues be 120 percent (1.2 times) of the annual
debt service. If revenues are insufficient, a toll study is required
to be performed by the Traffic Engineer. If recommended, a
toll increase would be implemented on the facility.
Tobie 2.10 provides a forecast of the sufficiency of Alligator
Alley to meet annual debt service requirements through FY
2016. Generally, revenues used for debt service analysis on
the facility include gross toll revenue and other income derived
~
.-:--.:..::
FY 2005 L'\nrl UCI I RepOii
from (or in connection with) the operation of Alligator Alley.
However, a conservative approach was taken for this analysis
and only gross toll revenue was used in the calculation of net
revenue (i.e., gross toll revenue less operating and routine
: maintenance expenses). As shown in the table, Alligator Alley
significantly exceeds the 1.2 minimum debt service coverage
requirement.
As indicated In Figure 2.3, revenues remaining after the
fulfillment of the annual debt service requirement are used next
to fund renewal and replacements. Additionally, these revenues
will also be used to repay the Department for outstanding
contractual commitments for Work Program projects or
repair, renewal, reconstruction and restoration costs paid
with Department funds. The excess revenues remaining after
all of these obligations have been determined and met are
transferred to the South Florida Water Management District
(SFWMD) to fund environmental projects designed to restore
the Florida Everglades, in accordance with Section 338.26,
Florida Statutes. This transfer is necessary to help restore the
natural values of the Everglades affected by construction of
Alligator Alley that may have contributed to the alteration of
water flows in the Everglades and changes in the ecological
patterns of the historical southern Everglades.
.1
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LEGISLATION 5 of 44
AlligcJ!ol\lley 31
South Florida Water Management District
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3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 . FL W A TS 1-800-432-2045
TI>I>(561)697-2574
ADM 28-06
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August 15, 1997
Mr. Thomas F. Barry, PE
Florida Department of Transportation
605 Suwanee Street
Tallahassee, FL 32399-0450
Subject:
Contract No. C-7425
Alligator Alley Excess Toll Avenue
Dear Mr. Barry:
Enclosed please find one (1) fully executed copy of the above referenced contract. If you have
any questions, please contact me at (561) 687-6380.
Thank you for your efforts on behalf of the District.
Jon G son
Sf. Contract Administrator
Procurement & Contract Administration
IDLK
Enclosure
c: Office of Counsel
Barry Atwood, MGT
Governing Board:
Frank Williamson, Jr., Chairman
Eugene K. Pettis, Vice Chairman
Mitchell W. Berger
Vera M. Carter
William E. Graham
William Hammond
Richard A. Machek
Michael D. Minton
Miriam Singer
Samuel E. Poole III, Executive Director
Michael Slayton, Deputy Executive Director
LEGISLATION 6 of 44
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680
C.7425
ORIGINAL
MEMORANDUM OF AGREEMENT
BETWEEN
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
FLORIDA DEPARTMENT OF TRANSPORTATION
This Memorandum of Agreement (MOA) is entered into as of June 30. 1997, between the South
Florida Water Management District (DISTRICT) and the Florida Department of Transportation
(FOOT). collectively referenced to as the "PARTIES."
WITNESSETH THAT:
WHEREAS. the DISTRICT is a public corporation of the State of Florida. created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373. Florida
Statutes, and is empowered to enter into contracts and agreements with public agencies, private
corporations or other persons, pursuant to Section 373.083, Florida Statutes; and
WHEREAS. the FDOT is an agency of the State of Florida, created by the Florida Legislature
and given those powers and responsibilities enumerated in, among others, Chapters 334. 337. 338
and 339. Florida Statutes. and is empowered to enter into contracts and agreements with public
agencies, private corporations or other persons, pursuant to Section 334.044. Florida Statutes; and
WHEREAS, in 1994, the Everglades Forever Act (EFA), Section 373.4592. Florida Statutes,
authorized the DISTRICT to proceed expeditiously with implementation of the Everglades
Program to begin restoration, revitalization and protection of the Everglades ecosystem, including
Florida Bay; and
WHEREAS. Section 2 of the Committee Substitute for House Bill 1775 (1997) requires the
DISTRICT to deposit funds for projects conducted pursuant to the EFA into the Everglades
Trust Fund, and
WHEREAS, Section 373.4592(14), Florida Statutes, directs the DISTRICT to establish the
Everglades Fund to separately account for all moneys used for the purpose of funding the
Everglades Construction Project, and
WHEREAS, Chapter 94-115. Laws of Florida, passed by the Legislature in 1994. establishes
Section 338.26. Florida Statutes. that directs the FOOT to continue the system of tolls on
Alligator Alley and to deposit such fees generated from tolls in the State Transportation Trust
Fund for use to meet all outstanding contractual obligations, to operate and maintain the highway
and toll facilities including reconstruction and restoration, and to pay for those projects that are
contained in the 1993-1994 adopted work program or the 1994-1995 tentative work program
submitted to the Legislature on February 22. 1994. Any amount of funds generated annually in
excess of that required to meet those obligations. may be transferred to the Everglades Fund. a
subfund within the Everglades Trust Fund of the DISTRICT. for environmental projects to
Contract No. C-7425 - Page 1 of 7
LEGISLATION 7 of 44
restore the natural values of the Everglades, subject to compliance with any applicable Federal
laws and regulations, and
WHEREAS, Section 338.26, Florida Statutes, identifies the Everglades Fund to receive (a) excess
toll revenues and (b) proceeds from bonds or notes secured by such revenues, for the purpose of
disbursing such funds for projects limited to Florida Bay and the Everglades Protection Area, and
WHEREAS, Section 338.165, Florida Statutes, allows FDOT to request the Division of Bond
Finance to issue bonds secured by toll revenues collected on Alligator Alley to fund specific
transportation projects, and
WHEREAS, U.S. Congress, in 1995, passed the National Highway Systems Act (p.L. 104-59),
which authorizes modification to Section 129(a)(3) of Title 23, United States Code, to permit the
collection of tolls to liquidate such indebtedness as may be incurred to finance any cost
associated with a feature of an environmental project that is carried out under State law and
approved by the Secretary of the Interior; and
WHEREAS, the PARTIES recognize the need for cooperation to carry out the intended use of
said excess tolls, the PARTIES represent that they are willing to provide said cooperation; and
the PARTIES wish to enter into a MOA with each other; and
WHEREAS, the PARTIES warrant and represent that they have no obligation or indebtedness
other than bond indebtedness that would impair their ability to fulfill the terms and conditions
of this MOA; and
WHEREAS, the PARTIES wish to delineate certain parameters and tasks, through this MOA,
that are related to transferring excess Alligator Alley toll revenues to the Everglades Fund of the
DISTRICT;
NOW THEREFORE, the PARTIES, in consideration of the mutual benefits flowing from each
to the other, do hereby agree as follows:
ARTICLE 1 - STATEMENT OF WORK
1.1 The PARTIES shall, to the satisfaction of each other and each in cooperation with
the other, fully and timely pertorm all work items set forth in the following
paragraphs.
1.2 The FOOT has proposed modifications and the National Highway System Designation
Act of 1995 directed the Secretary of Interior to modify the'existing "Section 129
Agreements" for Alligator Alley to authorize continuation of tolls for Title 23 eligible
projects, that are included in Chapter 94-1 15, Laws of Florida, as provided in Section
129 (a)(1)(B) of TItle 23, United States Code.
Contract No. C-7425 - Page 2 of 7
LEGISLATION 8 of 44
1.3 The FDOT agrees to take appropriate action to initiate any transfer of excess toll
revenue funds from the State Transportation Trust Fund to the DISTRlCT'S.~
Everglades Fund subject to bond resolution. Such transfers shall be made annually
by June 30th of each State fiscal year and shall be subject to and limited to the annual
Legislative appropriation.
1.4 The DISTRICT agrees that any excess toll revenues that are transferred to the
Everglades Fund shall be used in accordance with the applicable provisions of Florida
Statutes, Section 338.26, and approved by the Secretary of the Interior.
1.5 FDOT agrees to request the Division of Bond Finance to take all necessary actions
to issue bonds in its behalf, secured by toll revenues collected on Alligator Alley, to
fund transportation projects contained in the 1993-1994 Adopted Work Program or
in any subsequent adopted work program of FDOT.
1.6 Attachment I is the most current Fiscal Analysis of Projected Excess Alligator Alley
Toll Revenues. This Analysis shall be updated at least annually and submitted to the
DISTRICT.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this MOA shall commence on the date of execution and
continue through completion of the provisions contained in the MOA. However, the
tenns, conditions, and duration of this MOA, and the payment schedule, shall be
renegotiated in accordance with condition 2.3, below. Until otherwise agreed upon,
the payments made by DOT shall continue in accordance with ATTACHMENT I,
not to exceed $63,589,000.
2.2 The PARTIES agree that time is of the essence in the perfonnance of each and every
obligation under this MOA.
2.3 The PARTIES agree that prior to expiration of this MOA, the PARTIES shall
renegotiate its terms, conditions, and duration. These negotiations shall take into
account toll revenues from Alligator Alley, future costs to operate and maintain
Alligator Alley, Alligator Alley reconstruction and restoration activities, transportation
funding needs of Broward and Collier counties pursuant to Section 338.165(2), Florida
Statutes, and the continuing costs of the Everglades restoration projects. Either
PARTY may also propose other costs to be financed from toll revenues, provided
such costs are consistent with applicable State and Federal laws and regulations. The
results of such negotiations. including proposed statutory changes, if needed, shall be
presented to the Legislature prior to execution in an amended MOA.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 The PARTIES agree that their respective obligations will be earned out at no cost
to the other party.
Contract No. C-7425 - Page 3 of 7
LEGISLATION 9 of 44
3.2 Unless modified by the Florida Legislature, the DISTRICT'S Everglades Fund will
receive cash proceeds resulting from Alligator Alley toll revenues in excess of the
requirements of FDOT described in Chapter 94-115, Laws of Florida. Those
payments shall continue until all payments required by this MOA, as modified, have
been transferred to the DISTRICT.
ARTICLE 4 - PROJECT MANAGEMENTINOTICE
4.1 The Project Manager for the DISTRICT is:
E. Barrett Atwood, Sr., C.P.A, Director of Finance, or designee
South Florida Water Management District
P.O. Box 24680 - 3301 Gun Club Road
West Palm Beach, FL 33416-4680
Telephone (561) 687-6444 Fax (561) 687-6436
4.2 The Project Manager for the FDOT is:
Thomas F. Barry, P.E., Assistant Secretary for Finance
and Administration, or designee
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
Telephone (904) 488-6634 Fax (904) 488-5526
4.3 The PARTIES shall direct all matters arising in connection with the perlormance of
this MOA, other than notices, to the attention of the Project Managers for attempted
resolution or action. The Project Managers shall be responsible for overall
coordination and oversight relating to the perfonnance of this MOA.
4.4 All notices to the FDOT under this MOA shall be in writing and shall be deemed
received if sent by certified mail, return receipt requested, to:
Thomas F. Barry, P.E., Assistant Secretary for Finance
and Administration, or designee
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
4.5 All notices to the DISTRICT shall be in writing and shall be deemed received if sent
by certified mail, return receipt requested, to:
E. Barrett Atwood, Sr., C.P.A., Director of Finance, or designee
South Florida Water Management District
Attn: Division of Procurement and Contract Administration
P. O. Box 24680 - 3301 Gun Club Road
West Palm Beach, FL 33416-4680
Contract No. C-7425 - Page 4 of 7
LEGISLATION 10 of 44
4.6 The PARTIES shall also provide a copy of all notices to the respective Project
Managers. All notices required by this MOA shall be considered delivered upon
receipt. Should either party change its address, written notice of such new address
shall promptly be sent to the other party.
4.7 All correspondence to the DISTRICT under this MOA shall reference the
DISTRICT'S Agreement Number C-7425.
ARTICLE S - RECORDS RETENTION/OWNERSIDP
5.1 The FDOT and the DISTRICT shall maintain records in accordance with applicable
Florida Statutes to include:
5.1.1 Maintenance of Records: The FDOT and the DISTRICT shall maintain all
financial and non-financial records and reports directly or indirectly related to the
negotiation or performance of this MOA, including supporting documentation for
any toll rates, expenses or reports. Such records shall be maintained arrd made
available for inspection for a period of five years from completing performance
and receiving bond and/or cash proceeds under this MOA.
5.1.2 Examination of Records: The FDOT and the DISTRICT or designated agents
shall have the right to examine, in accordance with generally accepted
governmental auditing standards, all records directly or indirectly related to this
MOA. Such examination may be made only within five years from the date of
final receipt of proceeds under this MOA and upon reasonable notice, time and
place.
5.1.3 Extended Availability of Records for Le2al Disputes: In the event that the FDOT
or the DISTRICT should become involved in a legal dispute with a third party
arising from perfonnance under this MOA, the PARTIES shall extend the period
of maintenance for all records relating to the MOA until the final disposition of
the legal dispute, and all such records shall be made readily available to the
FDOT or the DISTRICT.
ARTICLE 6 . STANDARDS OF COMPLIANCE
6.1 The PARTIES, their employees, subcontractors or assigns. shall comply with all
applicable Federal, State, and local laws and regulations relating to the performance
of this MOA. Neither party undertakes any duty to ensure such compliance, but will
attempt to advise the other party, upon request. as to any such laws of which it has
present knowledge.
6.2 The laws of the State of Horida shall govern all aspects of this MOA.
6.3 The PARTIES shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
DISTRICT or the FDOT assert any exemptions to the requirements of Chapter 119
Contract No. C-7425 - Page 5 of 7
LEGISLATION 11 of 44
and related Statutes, the burden of establishing such exemption, by way of injunctive
or other relief as provided by law, shall be upon that party.
ARTICLE 7 - RELATIONSIDP BETWEEN THE PARTIES
7.1 Each party is an independent contractor and is not an agent of the other party.
Nothing in this MOA shall be interpreted to establish any relationship other than that
of an independent contractor between the PARTIES during or after the performance
of this MOA. Neither PARTY shall have the authority to bind the other PARTY
to any obligation whatsoever to any third party without the express written consent
of the other PARTY.
7.2 The PARTIES shall not assign, delegate, or otherwise transfer its rights and
obligations as set forth in this MOA, without the prior written consent of the other
party.
ARTICLE 8 - GENERAL PROVISIONS
8.1 In the event any provisions of this MOA shall conflict or appear to conflict, the
MOA, including all exhibits, attachments and all documents specifically incorporated
by reference, shall be interpreted as a whole to resolve any inconsistency.
8.2 Failures or waivers to enforce any covenant, condition, or provision of this MOA by
either party, their successors and assigns shall not be deemed a waiver of any of their
rights or remedies, nor shall it relieve the other party from perfonning any subsequent
obligations strictly in accordance with the tenns of chis MOA. No waiver shall be
effective unless in writing and signed by the party against whom enforcement is
sought Such waiver shall be limited to provisions of this MOA specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
8.3 Should any tean or provision of this MOA be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this MOA, to the extent that
the MOA shall remain operable, enforceable and in full force and effect to the extent
pennitted by law.
8.4 This MOA may be amended only with the written approval of the PARTIES hereto.
8.5 This MOA states the entire understanding and agreement between the PARTIES and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter
of this MOA. The PARTIES recognize that any representations, statements or
negotiations made by staff do not suffice to legally bind the PARTIES in a
contractual relationship unless they have been reduced to writing and signed by ~~
authorized DIST~T ~~OT representatiV~~hi~ shall inure to the benefit 4V"1-
~n~No. C-7425 - Pagmf7
LEGISLATION 12 of 44
of and shall be binding upon the PARTIES. their respective assigns, and successors
in interest.
IN WITNESS WHEREOF, the PARTIES or their duly authorized representatives hereby execute
this MOA on the date first written above.
LEGAL FORM APPRoVED
SFWMD OFFICE OF COUNSEL
soum FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
BY:~~
DATE: 7ft 111-
By:
Title:
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Deputy Executi Director
FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Title
t Secretary for Finance and Administration
Legal Review.
By' ~ ~ ~
-- Attorney./DO
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Contract No. C-7425 - Page 7 of 7
LEGISLATION 13 of 44
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LEGISLATION 14 of 44
2002 Everglades Consolidated Report
Chapter 8D: Managing Fiscal Resources
."-
Chapter 80: Managing
Fiscal Resources
Mary Lou Cariello
INTRODUCTION
The information contained in this chapter is presented to fulfill the requirements of the 1997
Everglades Oversight Act (Chapter 97-258, Laws of Florida) as they relate to the reporting of
financial information for the Everglades Construction Project (ECP). The 1994 Everglades
Forever Act (EF A) requires the South Florida Water Management District (District or SFWMD)
to provide annually a comparison of actual versus projected revenues and a projection of costs
and revenues over the succeeding five-year period (Figures 8D-l through 8D-4.)
"-
The EF A directed the District to separately account for all monies used to fund the ECP. In
November 1996, the citizens of Florida voted in favor of a constitutionally created Everglades
Trust Fund. The legislation passed in 1997 (Chapter 97-258, Laws of Florida) references the
Everglades Trust Fund and requires specific, identified funds to be placed in it. This fund, which
strengthened Everglades oversight, will be used to account for all revenues and expenses
associated with the ECP. The District has developed a format for reporting financial information
for the Everglades Trust Fund in a clear and concise manner. The Joint Legislative Committee on
Everglades Oversight has approved the format the District uses when submitting its quarterly
expenditure reports to the Governor, the legislature and the public. (The "Everglades Trust Fund
Quarterly Report of Expenditures" is accessible through the District's Website at
http://www.sfwmd.gov/org/bud/ecp/qtrlv/ecpqtrly.html). Multiple funding sources are
contemplated for the Everglades Program.
A dedicated funding source is essential to conduct Everglades and Florida Bay protection and
restoration programs. The ECP is one of the largest public works projects in the nation for
environmental restoration, estimated to cost approximately $867 million over 20 years
(Everglades Construction Project - Financial Schedules, October 200 I).
Florida Bay Restoration Program activities are ongoing. The cost estimate for such activities
is currently under review and will be updated by the U.S. Army Corps of Engineers. The
previous cost estimate was more than $367 million with an expected completion date in 2004.
.....
8D-1
LEGISLATION 15 of 44
Chapter 8D: Managing Fiscal Resources
2002 Everglades Consolidated Report
....
SOURCES OF REVENUE
Ad Valorem Taxes Provide $32.0 Million in FY2001
The EF A gives the District the authority to levy ad valorem taxes of up to 0.1 mill within the
Okeechobee Basin for land acquisition, design and construction of the ECP. As required by the
EF A, this will be the sole direct contribution of ad valorem taxes for the construction project. For
Fiscal Year 200 I (FY200 I), net ad valorem tax revenues were approximately $32.0 million
(unaudited) through September 30, 2001. A total of $279 million in ad valorem tax revenue
(approximately 32.2 percent of total revenues) is projected to be collected through FY2004 to
fund the ECP. The other funding sources designated by the EF A for the ECP include agricultural
privilege taxes, state land funds, federal funds, excess revenues from Alligator Alley tolls, other
environmental mitigation funds and any additional funds that become available for this purpose
from any other source.
EAA Agricultural Privilege Tax Raises $11.9 Million in FY2001
To fund the first phase of the Everglades Restoration Program, the EF A imposes an annual
tax for the privilege of conducting an agricultural trade or business within the Everglades
Agricultural Area (EAA) and C-139 basins. The EF A specifies that the annual per-acre tax be
collected through the normal county tax collection process.
~
The EAA agricultural privilege tax rate ranges from a minimum of $24.89 per acre from 1994
to 1997 to a potential maximum of $35 per acre from 2006 to 2013. Actual net EAA agricultural
privilege taxes collected in FY2001 were approximately $11.9 million (unaudited) through
September 30, 2001. After the year 2013, the tax rate will decrease to $10 per acre to fund the
operations and maintenance of the Stormwater Treatment Areas (STAs).
The amount of taxes collected each year is reduced by early payment discounts provided by
each county. These discounts can range from one to four percent, depending on the timeliness of
the payment. County processing/collection fees and commissions further reduce the amount of
revenue available to fund the ECP.
The EFA encourages optimal performance of Best Management Practices (BMPs) (Chapter
3) to maximize the reduction of total phosphorus (TP) loads at points of discharge from the EAA
by providing an incentive credit against the Everglades agricultural privilege tax. Each percentage
point by which phosphorus loads are reduced beyond the 25 percent EAA Basin requirement will
result in incentive credits against the EAA agricultural privilege tax as follows: $0.54 per acre for
tax notices mailed from November 1998 through November 2001; $0.61 per acre for tax notices
mailed from November 2002 through November 2005; and $0.65 per acre for tax notices mailed
in November 2006 through November 2013. Incentive credits will not reduce the agricultural
privilege tax rate to less than the $24.89 per-acre minimum ("minimum tax"). The EF A also
provides incentive credits to individual growers for meeting TP load or TP concentration
reduction targets. Individual parcels of property shall be subject to the minimum tax if they have
achieved the following annual TP load reduction standards: 35 percent or more for tax notices
mailed from November 1998 through November 200 I; 40 percent or more for tax notices mailed
from November 2002 through November 2005; and 45 percent or more for tax notices mailed
from November 2006 through November 2013. In addition, any parcel of property that achieves a
.......
8D-2
LEGISLATION 16 of 44
2002 Everglades Consolidated Report
Chapter 80: Managing Fiscal Resources
---
TP concentration of 50 parts per billion (ppb) shall be subject to the minimum tax in the next
calendar year.
EAA Vegetable Acreage
The EF A recognizes that vegetable farming is subject to both volatile market conditions and
crop loss from natural events. If the governor, president or U.S. Department of Agriculture
declares a state of emergency or a disaster due to natural conditions, payment of agricultural
privilege tax will be deferred one year. Since 1994, when the tax went into effect, this provision
has been applied once, in 1997.
C-139 Basin Agricultural Privilege Tax Raises $626,074 in FY2001
As specified in the EF A, for the 20-year period between 1994 and 2013 the total amount of
tax to be assessed annually will not exceed $654,656. Beginning in 2014, the tax will be assessed
at the rate of $1.80 per acre. In FY200 I, the net C-139 Basin agricultural privilege taxes collected
were $626,074 (unaudited) through September 30, 200 I. The amount paid by an individual
property owner may change from year to year, depending on the number of acres within the C-
139 Basin that are classified as agricultural.
Alligator Alley Toll Revenues Could Provide $63 Million
~
The EF A includes the legislative finding that Alligator Alley, designated as State Highway 84
and U.S. Interstate Highway 75, contributed to the alteration of water flows in the Everglades and
affected ecological patterns of the historic Southern Everglades. The legislature determined it is
in the public interest to establish a system of tolls for Alligator Alley to raise money to help
restore the natural values lost by the highway's construction.
Toll revenues must be split equally between the Everglades and Florida Bay restoration
projects. Projects that qualify for these funds include the ECP; land acquisition to move ST A-3/4
out of the Toe-of-the-Boot (an Everglades remnant area in the Holeyland Tract at the south end of
the EAA); water conveyance projects that enable more water resources to reach Florida Bay;
engineering design plans for wastewater treatment facilities for Florida Bay marine waters; and
highway redesign to improve sheetflow of water across the Southern Everglades.
In 1996, the District and the Florida Department of Transportation received federal
authorization to redirect the use of Alligator Alley tolls for these projects. The Department of
Transportation and the District entered into a Memorandum of Understanding in 1997, setting out
the basis for depositing the funds in the Everglades Trust Fund. This was quickly followed by the
transfer and deposit of $17 million in excess toll money, representing the first transfer. These
funds were allocated based on EF A requirements. As such, the funds were split equally, at $8.5
million each, between the Everglades Construction and Florida Bay projects. From FYI998
through FY200 1, a total of $8,125,000 was received from the Florida Department of
Transportation, which was also split equally between both projects.
'-"
8D-3
LEGISLATION 17 of 44
......
Financial Statements (Unaudited)
of the
State of Florida
Department of Transportation
Everglades Parkway Toll Road
Fiscal Year Ended June 30, 2007
.....
Prepared by:
The Florida Department of Transportation
Office of the Comptroller
General Accounting Office
.......
LEGISLATION 18 of 44
FLORIDA EVERGLADES PARKWAY
DEPARTMENT OF TRANSPORTATION
~ STATE OF FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
YEARS ENDED JUNE 30. 2007 AND 2006
1. REPORTING ENTITY
The Florida Everglades Parkway (Parkway), also know as "Alligator Alley," is a four-lane, controlled access,
78-mile toll facility in the southern portion of the State operated by the Florida Department of Transportation
("Department"), which is an agency of the State of Florida. The Parkway is an integral part of Federal
Interstate Highway 1-75, connecting Naples on the Gulf of Mexico to Ft. Lauderdale on the Atlantic Ocean.
The Department is responsible for its operation, maintenance, cash management and other financial matters.
The 2007 and 2006 financial statements contained herein include only the accounts of the Parkway and do not
include any other accounts of the Department of Transportation or of the State of Florida.
The Department has adopted Governmental Accounting Standards Board ("GASB") Statement No. 14, The
Financial Reporting Entity, for the purpose of defining and reporting on the Parkway as a financial reporting
entity. Based on the criteria in Statement No. 14, the Department has determined that there are no other units
that meet the criteria for inclusion in the Parkway's financial statements.
The Department has also adopted GASB Statement No. 20, Accounting and Financial Reportingfor
Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting. The statement
requires proprietary funds to apply all applicable GASB pronouncements as well as those Statements and
Interpretations of the Financial Accounting Standard Board ("FASB"), Accounting Principles Board Opinions,
and Accounting Research Bulletins of the Committee on Accounting Procedure, issued on or before November
"'- 30, 1989, which do not conflict with or contradict GASB pronouncements. As also provided by Statement No.
20, the Department has elected not to adopt any F ASB statements issued after November 30, 1989, unless so
directed by the GASB.
2. LEGISLATION
Section 338.165, Florida Statutes, which applies to all toll facilities in the State, allows for the continuation of
tolls after debt service has been retired. Subsection 3 provides the Department of Transportation with the
ability to sell revenue bonds to fund projects included in the adopted work program that specifically relate to
the Parkway.
In 1994, the Florida Legislature passed landmark legislation, which addresses the environmental concerns of
the Everglades. Section 338.26, Florida Statutes, entitled "Alligator Alley toll road," provides for the
continuation of Parkway tolls to be used as a funding source to help restore the Everglades. The constructioIL
I ~r!<r..~X1i',gg.~!.:},?~~. . d.. . t.o. t~.. :....~t::!:. t,io.. n of.~3!:!.~?~2-i.~.t,~~.,I?~~r~!i\d.e.s_ap'd~[~~:!~~~.:~~1?~!91.
patterns 0 tne Istoncal SOE.tJJ5;,1J1 everglades. . '--.,.-...-'"
r1 Per Section 338.2~;:::ri~~'Statutes:'~xcess revenues (after operations and maintenance expenses, annual
l - debt service, system improvements, and other contractual obligations) may be transferred to the Everglades
'y Fund of the South Florida Water Management District for environmental projects to restore the natural values
(1' (' '1 of the Everglades. Section 338.26(4), Florida Statutes, authorizes the South Florida Water Management
\ b 't. District to issue revenue bonds and pledge the excess toll revenues from the Parkway as security for such
"
~",.. bonds.
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8
LEGISLATION 19 of 44
Schreck-Carol
From:
mt:
~:
Subject:
Hutton-Suzanne
Tuesday, October 13, 2009 11 :53 AM
County Commissioners and Aides; County Administrator; County Attorney
RE: TOLLING THE KEYS
Just an FYI:
While there have been discussions in the past regarding the possibility of imposing a toll to enter the Florida Keys via
US1, with the results noted by Ms. Lundstrom, I recently became aware that there is legislation which allows the Alligator
Alley (a segment of US interstate) tolls to be used for more than just maintaining, operating and renovating the road on
which the toll is placed. I don't know why this was not considered during previous US 1 Toll discussions, unless the
rationale in the below statute (that Alligator Alley negatively impacted the flow of water in the Everglades and therefore
should provide funding for Everglades restoration) was deemed to show more direct cause & effect than is apparent by
enhanced transportation to the Keys having an impact on wastewater generation and the degradation of near shore
waters. It could just be that everyone focused on the general rule and the Alligator Alley exception was not noticed.
Inquiries are being made in DOT (US & State) circles to see if there is a sufficiently acceptable parallel to proceed with
efforts towards a toll which could be used for wastewater in a manner similar to that below, especially if the 1 penny sales
tax is not passed.
338.26 Alligator Alley toll road.--
(1) The Legislature finds that the construction of Alligator Alley, designated as State Highway 84 and
federal Interstate Highway 75, has provided a convenient and necessary connection of the east and west
coasts of Florida for commerce and other purposes. However, this state highway has contributed to the
alteration of water flows in the Everglades and affected ecological patterns of the historical southern
Everglades. The Legislature has determined that it is appropriate and in the public interest to establish a
'stem of tolls for use of Alligator Alley to produce needed financial resources to help restore the natural
~source values lost by construction of this highway.
(2) The Department of Transportation is directed to continue the system of tolls on this highway.
Notwithstanding the provisions of s. 338.165(2) to the contrary, such toll collections shall be used for the
purposes of this section.
(3) Fees generated from tolls shall be deposited in the State Transportation Trust Fund, and any amount
of funds generated annually in excess of that required to reimburse outstanding contractual obligations, to
operate and maintain the highway and toll facilities, including reconstruction and restoration, and to pay
for those projects that are funded with Alligator Alley toll revenues and that are contained in the 1993-
1994 adopted work program or the 1994-1995 tentative work program submitted to the Legislature on
February 22, 1994, may be transferred to the Everglades Fund of the South Florida Water Management
District. The South Florida Water Management District shall deposit funds for projects undertaken
pursuant to s. 373.4592 in the Everglades Trust Fund pursuant to s. 373.45926(4)(a). Any funds remaining
in the Everglades Fund may be used for environmental projects to restore the natural values of the
Everglades, subject to compliance with any applicable federal laws and regulations. Projects shall be
limited to:
(a) Highway redesign to allow for improved sheet flow of water across the southern Everglades.
(b) Water conveyance projects to enable more water resources to reach Florida Bay to replenish marine
estuary functions.
~) Engineering design plans for wastewater treatment facilities as recommended in the Water Quality
~rotection Program Document for the Florida Keys National Marine Sanctuary.
1
LEGISLATION 20 of 44
(d) Acquisition of lands to move STA 3/4 out of the Toe of the Boot, provided such lands are located
within 1 mile of the northern border of STA 3/4.
(e) Other Everglades Construction Projects as described in the February 15, 1994, conceptual design
)cument.
'-"'"
(4) The district may issue revenue bonds or notes under s. 373.584 and pledge the revenue from the
transfers from the Alligator Alley toll revenues as security for such bonds or notes. The proceeds from
such revenue bonds or notes shall be used for environmental projects; at least 50 percent of said
proceeds must be used for projects that benefit Florida Bay, as described in this section subject to
resolutions approving such activity by the Board of Trustees of the Internal Improvement Trust Fund and
the governing board of the South Florida Water Management District and the remaining proceeds must be
used for restoration activities in the Everglades Protection Area.
From: Lundstrom-Tamara
Sent: Friday, October 09, 20093:21 PM
To: 'TEBEEMANSR@aol.com'
Cc: County Commissioners and Aides; Gastesi-Roman
Subject: TOLLING THE KEYS
Dear Mr. Beeman,
The toll on US1 has been suggested many times over the years and was thoroughly explored by the Commission some
years ago specifically for funding wastewater and affordable housing projects. Unfortunately, we learned it is not a
workable proposal as State Statute governs toll revenue generated on State and Federal highways, and the lion's share of
the funds would go to the State Department of Transportation, and the balance would have to be spent on road projects,
either construction or maintenance; no other use of road generated revenue is allowed. To make an attempt to change
the governing statute to allow the proposed generated toll funds to be used as we wish is not recommended, as it would
fect all counties state-wide, not just Monroe, and it is not likely to be looked upon favorably by the State Legislature.
'-"'"
Thank you for writing with your concerns, please keep your thinking cap on, problem-solving ideas from our constituents
are always welcome.
J?;;;;/UU'a, ,Gflt/ldJtI'M'II
Tamara Lundstrom
Executive Assistant
Commissioner Mario Di Gennaro
Monroe County Commissioner - District 4
9400 Overseas Highway, Ste, 210
Marathon, FL 33050
Ph: 305289-6000
Fx: 305289-4610
HELP US HELP YOU!
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.......
2
LEGISLATION 21 of 44
Statutes & Constitution :View Statutes: Online Sunshine
http://www.leg.state.fl.us/STATlJI.ES/index.cfin? App _modc--Oisplay _'"
Select Year: 2009 Go
--..
The 2009 Florida Statutes
Title XXVI
PUBLIC TRANSPORTATION
Chapter 338
FLORIDA INTRASTATE HIGHWAY SYSTEM AND TOLL FACILITIES
View Entire Chapter
338.26 Alligator Alley toll road.--
(1) The Legislature finds that the construction of Alligator Alley, designated as State Highway 84 and federal Interstate Highway 75, has
provided a convenient and necessary connection of the east and west coasts of Florida for commerce and other pur'poses. Howevel', this
state highway has contributed to the alteration of water flows in the Everglades and affected ecological patterns of the historical southern
Everglades. The LegIslature has determined that It is appropriate and in the public interest to establish a system of tolls for use of Alligator
Alley to produce needed financial resources to help restore the natural resource values lost by construction of thiS highway.
(2) The Department of Transportation IS directed to continue the system of tolls on this highway. NotWithstanding the proVisions of s.
338.165(2) to the contrary, such toll collections shall be used for the purposes of this section.
(3) Fees generated from tolls shall be deposited in the State Transportation Trust Fund, and any amount of funds generated annually in
excess of that required to reimburse outstanding contractual obligations, to operate and maintain the highway and toll facilities, Including
reconstruction and restoration, and to pay for those projects that are funded with Alligator Alley toll revenues and that are contained In
the 1993-1994 adopted work pr'ogram or the 1994-1995 tentatIve work program submitted to the Legislature on February 22, 1994, may
be transferred to the Everglades Fund of the South Florida Water Management District. The South Florida WatN Management District shall
depOSit funds for projects undertaken pursuant to s. 373.4592 in the Everglades Trust Fund pursuant to s, 373.45926(4)(a). Any funds
remaining in the Everglades Fund may be used fOl' environmental projects to restore the natural values of the Everglades, subject to
compliance with any applicable federal laws and regulations. Projects shall be limited to:
(a) Highway redesign to allow for Improved sheet flow of water across the southern Everglades.
(b) Water conveyance projects to enable more water resources to reach Florida Bay to replenish marine estual'y functions.
(c) Engineering design plans for wastewater treatment facilities as recommended in the Water Quality Protection Program Document for
--.. the Florida Keys National Marine Sanctuary.
(d) AcqUisition of lands to move STA 3/4 out of the Toe of the Boot, provided such lands are located within 1 mile of the northern border
of STA 3/4.
(e) Other Everglades Construction Projects as desCrIbed In the February 15, 1994, conceptual design document.
(4) Hle drstnct may Issue revenue bonds or notes under s, 373.584 and pledge the revenue from the transfers from the Alligator Alley toll
revenues as secunty for such bonds or notes. The proceeds from such revenue bonds or notes shall be used for envrronmental proJects; at
least 50 percent of said proceeds must be used for projects that benefit Florida Bay, as described in this section subject to resolutions
approving such activity by the Board of Trustees of the Internal Improvement Trust Fund and the governing board of the South FlOrida
Water Management District and the remaining proceeds must be used for restoration activities In the Everglades Protection Area.
History.--~), 4, ch. 94-115; s, 2, ch. 97-258
Copynght 1995,2009 The Florida Legislature. Privacy Statement. Contact Us
~
LEGISLATION 22 of 44
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Select Year: 2009
Go
....
The 2009 Florida Statutes
Title XXVIII
NATURAL RESOURCES; CONSERVATION,
RECLAMATION, AND USE
Chapter 373
--
WATER
RESOURCES
View Entire
Chapter
373.45926 Everglades Trust Fundi allocation of revenues and expenditure of
funds for conservation and protection of natural resources and abatement of
water pollution.--
(1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds and declares the
following:
(a) The Everglades ecological system is unique in the world and one of Florida's great
treasures. The Legislature has responded to adverse changes in water quality, and in
quantity, distribution, and timing of flows, that endanger the Everglades ecological
system, by enacting the Everglades Forever Act. The act authorized the Everglades
Construction Project, which is by far the largest environmental cleanup and restoration
program of this type ever undertaken and will require substantial expenditures.
(b) In consideration of both the environmental benefits and public costs of the
Everglades Construction Project, the Legislature finds that enhanced oversight and
accountability is necessary to ensure that the Everglades Construction Project is
completed in a timely manner and within the limits of the funds made available for its
completion. The Legislature further finds that the implementation of the Everglades
..... Forever Act is critical to the conservation and protection of natural resources and
improvement of water quality in the Everglades Protection Area and the Everglades
Agricultural Area.
(2) The South Florida Water Management District shall administer the Everglades Trust
Fund consistent with the requirements of this section, as well as all other applicable
laws.
(3) The South Florida Water Management District shall furnish, as part of the
consolidated annual report required by s. 373.03~(7), a detailed copy of its expenditures
from the Everglades Trust Fund to the Governor, the President of the Senate, and the
Speaker of the House of Representatives, and shall make copies available to the public.
The information shall be provided in a format approved by the Joint Legislative
Committee on Everglades Oversight. At the direction of the Joint Legislative Committee
on Everglades Oversight, an audit may be made from time to time by the Auditor
General, and such audit shall be within the authority of said Auditor General to make.
(4) The following funds shall be deposited into the Everglades Trust Fund specifically for
the implementation of the Everglades Forever Act.
(a) Alligator Alley toll revenues pursuant to s. 338.26(3).
(b) Everglades agricultural privilege tax revenues pursuant to s. 373.4592(6).
(c) C-139 agricultural privilege tax revenues pursuant to s. 373.4592(7).
~
(d) Special assessment revenues pursuant to s. 373.4592(8).
LEGISLATION 23 of 44
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(e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
....
(f) Federal funds appropriated by the United States Congress for any component of the
Everglades Construction Project.
(g) Preservation 2000 funds for acquisition of lands necessary for implementation of
the Everglades Forever Act as prescribed in an annual appropriation.
(h) Any additional funds specifically appropriated by the Legislature for this purpose.
(i) Gifts designated for implementation of the Everglades Forever Act from individuals,
corporations, and other entities.
(j) Any additional funds that become available for this purpose from any other source.
(5) Funds deposited into the Everglades Trust Fund pursuant to this section shall be
expended for implementation of the Everglades Forever Act as provided by s. 373.4592.
(6) Funds from other sources deposited into the Everglades Trust Fund shall be used
consistent with the purposes for which they were received.
(7) Annually, no later than January 1, the South Florida Water Management District
shall report to the Joint Committee on Everglades Oversight:
(a) The unencumbered balance which remains in the Everglades Trust Fund at the end
of each fiscal year.
(b) The revenues deposited in the Everglades Trust Fund pursuant to this section, by
source, and the record of expenditures from the Everglades Trust Fund.
History.--s. 5, ch. 97-258; s. 108, ch. 2001-266; s. 13, ch. 2005-36.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright !D 2000-2006 State of Florida.
LEGISLATION 24 of 44
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j
Select Year: 2009
Go
--..
The 2009 Florida Statutes
Title XXVIII
NATURAL RESOURCES; CONSERVATION,
RECLAMATION, AND USE
Chapter 373
WATER
RESOURCES
View Entire
Chapter
373.4592 Everglades improvement and management.--
(1) FINDINGS AND INTENT.--
(a) The Legislature finds that the Everglades ecological system not only contributes to
South Florida's water supply, flood control, and recreation, but serves as the habitat for
diverse species of wildlife and plant life. The system is unique in the world and one of
Florida's great treasures. The Everglades ecological system is endangered as a result of
adverse changes in water quality, and in the quantity, distribution, and timing of flows,
and, therefore, must be restored and protected.
(b) The Legislature finds that, although the district and the department have developed
plans and programs for the improvement and management of the surface waters
tributary to the Everglades Protection Area, implementation of those plans and
programs has not been as timely as is necessary to restore and protect unique flora and
fauna of the Everglades, including the Everglades National Park and the Arthur R.
Marshall Loxahatchee National Wildlife Refuge. Therefore, the Legislature determines
that an appropriate method to proceed with Everglades restoration and protection is to
authorize the district to proceed expeditiously with implementation of the Everglades
.... Program.
(c) The Legislature finds that, in the last decade, people have come to realize the
tremendous cost the alteration of natural systems has exacted on the region. The
Statement of Principles of July 1993 among the Federal Government, the South Florida
Water Management District, the Department of Environmental Protection, and certain
agricultural industry representatives formed a basis to bring to a close 5 years of costly
litigation. That agreement should be used to begin the cleanup and renewal of the
Everglades ecosystem.
(d) It is the intent of the Legislature to promote Everglades restoration and protection
through certain legislative findings and determinations. The Legislature finds that
waters flowing into the Everglades Protection Area contain excessive levels of
phosphorus. A reduction in levels of phosphorus will benefit the ecology of the
Everglades Protection Area.
(e) It is the intent of the Legislature to pursue comprehensive and innovative solutions
to issues of water quality, water quantity, hydroperiod, and invasion of exotic species
which face the Everglades ecosystem. The Legislature recognizes that the Everglades
ecosystem must be restored both in terms of water quality and water quantity and must
be preserved and protected in a manner that is long term and comprehensive. The
Legislature further recognizes that the EAA and adjacent areas provide a base for an
agricultural industry, which in turn provides important products, jobs, and income
regionally and nationally. It is the intent of the Legislature to preserve natural values in
the Everglades while also maintaining the quality of life for all residents of South
........ Florida, including those in agriculture, and to minimize the impact on South Florida jobs,
including agricultural, tourism, and natural resource-related jobs, all of which contribute
LEGISLATION 25 of 44
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to a robust regional economy.
.....
(f) The Legislature finds that improved water supply and hydroperiod management are
crucial elements to overall revitalization of the Everglades ecosystem, including Florida
~ay'. It is the intent of the Legislature to expedite plans and programs for improvin-g--
water quantity reaching the Everglades, correcting long-standing hydroperiod problems,
increasing the total quantity of water flowing through the system, providing water
supply for the Everglades National Park, urban and agricultural areas, and Florida Bay,
and replacing water previously available from the coastal ridge in areas of southern
Miami-Dade County. Whenever possible, wasteful discharges of fresh water to tide shall
be reduced, and the water shall be stored for delivery at more optimum times.
Additionally, reuse and conservation measures shall be implemented consistent with
law. The Legislature further recognizes that additional water storage may be an
appropriate use of Lake Okeechobee.
(g) The Legislature finds that the Statement of Principles of July 1993, the Everglades
Construction Project, and the regulatory requirements of this section provide a sound
basis for the state's long-term cleanup and restoration objectives for the Everglades. It
is the intent of the Legislature to provide a sufficient period of time for construction,
testing, and research, so that the benefits of the Everglades Construction Project will be
determined and maximized prior to requiring additional measures. The Legislature finds
that STAs and BMPs are currently the best available technology for achieving the
interim water quality goals of the Everglades Program. A combined program of
agricultural BMPs, STAs, and requirements of this section is a reasonable method of
achieving interim total phosphorus discharge reductions. The Everglades Program is an
appropriate foundation on which to build a long-term program to ultimately achieve
restoration and protection of the Everglades Protection Area.
(h) The Everglades Construction Project represents by far the largest environmental
--.. cleanup and restoration program of this type ever undertaken, and the returns from
substantial public and private investment must be maximized so that available resources
are managed responsibly. To that end, the Legislature directs that the Everglades
Construction Project and regulatory requirements associated with the Statement of
Principles of July 1993 be pursued expeditiously, but with flexibility, so that superior
technology may be utilized when available. Consistent with the implementation of the
Everglades Construction Project, landowners shall be provided the maximum
opportunity to provide treatment on their land.
(2) DEFINITIONS.--As used in this section:
(a) "Best available phosphorus reduction technology" or "BAPRT" means a combination
of BMPs and STAs which includes a continuing research and monitoring program to
reduce outflow concentrations of phosphorus so as to achieve the phosphorus criterion
in the Everglades Protection Area.
(b) "Best management practice" or "BMP" means a practice or combination of practices
determined by the district, in cooperation with the department, based on research, field-
testing, and expert review, to be the most effective and practicable, including economic
and technological considerations, on-farm means of improving water quality in
agricultural discharges to a level that balances water quality improvements and
agricultural productivity.
(c) "C-139 Basin" or "Basin" means those lands described in subsection (16).
~ (d) "Department" means the Florida Department of Environmental Protection.
(e) "District" means the South Florida Water Management District.
LEGISLATION 26 of 44
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(f) "Everglades Agricultural Area" or "EAA" means the Everglades Agricultural Area,
which are those lands described in subsection (15).
..... (g) "Everglades Construction Project" means the project described in the February 15,
1994, conceptual design document together with construction and operation schedules
on file with the South Florida Water Management District, except as modified by this
section and further described in the Long-Term Plan.
(h) "Everglades Program" means the program of projects, regulations, and research
provided by this section, including the Everglades Construction Project.
(i) "Everglades Protection Area" means Water Conservation Areas 1, 2A, 2B, 3A, and
3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and the Everglades
National Park.
(j) "Long-Term Plan" or "Plan" means the district's "Everglades Protection Area
Tributary Basins Conceptual Plan for Achieving Long-Term Water Quality Goals Final
Report" dated March 2003, as modified herein.
(k) "Master permit" means a single permit issued to a legally responsible entity defined
by rule, authorizing the construction, alteration, maintenance, or operation of multiple
stormwater management systems that may be owned or operated by different persons
and which provides an opportunity to achieve collective compliance with applicable
department and district rules and the provisions of this section.
....
(I) "Optimization" shall mean maximizing the potential treatment effectiveness of the
STAs through measures such as additional compartmentalization, improved flow control,
vegetation management, or operation refinements, in combination with improvements
where practicable in urban and agricultural BMPs, and includes integration with
congressionally authorized components of the Comprehensive Everglades Restoration
Plan or "CERP".
(m) "Phosphorus criterion" means a numeric interpretation for phosphorus of the Class
III narrative nutrient criterion.
(n) "Stormwater management program" shall have the meaning set forth in s.
403.031(15).
(0) "Stormwater treatment areas" or "STAs" means those treatment areas described
and depicted in the district's conceptual design document of February 15, 1994, and any
modifications as provided in this section.
(p) "Technology-based effluent limitation" or "TBEL" means the technology-based
treatment requirements as defined in rule 62-650.200, Florida Administrative Code.
(3) EVERGLADES LONG-TERM PLAN.--
(a) The Legislature finds that the Everglades Program required by this section
establishes more extensive and comprehensive requirements for surface water
improvement and management within the Everglades than the SWIM plan requirements
provided in ss. 373.451-373.456. In order to avoid duplicative requirements, and in order
to conserve the resources available to the district, the SWIM plan requirements of those
sections shall not apply to the Everglades Protection Area and the EAA during the term
of the Everglades Program, and the district will neither propose, nor take final agency
..... action on, any Everglades SWIM plan for those areas until the Everglades Program is
fully implemented. Funds under s. ],59.101 (3)(b) may be used for acquisition of lands
LEGISLATION 27 of 44
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.....
--..
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necessary to implement the Everglades Construction Project, to the extent these funds
are identified in the Statement of Principles of July 1993. The district's actions in
implementing the Everglades Construction Project relating to the responsibilities of the
EAA and C-139 Basin for funding and water quality compliance in the EAA and the
Everglades Protection Area shall be governed by this section. Other strategies or
activities in the March 1992 Everglades SWIM plan may be implemented if otherwise
authorized by law.
(b) The Legislature finds that the most reliable means of optimizing the performance of
STAs and achieving reasonable further progress in reducing phosphorus entering the
Everglades Protection Area is to utilize a long-term planning process. The Legislature
finds that the Long-Term Plan provides the best available phosphorus reduction
technology based upon a combination of the BMPs and STAs described in the Plan
provided that the Plan shall seek to achieve the phosphorus criterion in the Everglades
Protection Area. The pre-2006 projects identified in the Long-Term Plan shall be
implemented by the district without delay, and revised with the planning goal and
objective of achieving the phosphorus criterion to be adopted pursuant to subparagraph
(4)(e)2. in the Everglades Protection Area, and not based on any planning goal or
objective in the Plan that is inconsistent with this section. Revisions to the Long-Term
Plan shall be incorporated through an adaptive management approach including a
process development and engineering component to identify and implement incremental
optimization measures for further phosphorus reductions. Revisions to the Long-Term
Plan shall be approved by the department. In addition, the department may propose
changes to the Long-Term Plan as science and environmental conditions warrant.
(c) It is the intent of the Legislature that implementation of the Long-Term Plan shall
be integrated and consistent with the implementation of the projects and activities in
the congressionally authorized components of the CERP so that unnecessary and
duplicative costs will be avoided. Nothing in this section shall modify any existing cost
share or responsibility provided for projects listed in s. 528 of the Water Resources
Development Act of 1996 (110 Stat. 3769) or provided for projects listed in s. 601 of
the Water Resources Development Act of 2000 (114 Stat. 2572). The Legislature does
not intend for the provisions of this section to diminish commitments made by the State
of Florida to restore and maintain water quality in the Everglades Protection Area,
including the federal lands in the settlement agreement referenced in paragraph (4)(e).
(d) The Legislature recognizes that the Long-Term Plan contains an initial phase and a
10-year second phase. The Legislature intends that a review of this act at least 10 years
after implementation of the initial phase is appropriate and necessary to the public
interest. The review is the best way to ensure that the Everglades Protection Area is
achieving state water quality standards, including phosphorus reduction, and the
Long-Term Plan is using the best technology available. A 10-year second phase of the
Long-Term Plan must be approved by the Legislature and codified in this act prior to
implementation of projects, but not prior to development, review, and approval of
projects by the department.
(e) The Long-Term Plan shall be implemented for an initial 13-year phase (2003-2016)
and shall achieve water quality standards relating to the phosphorus criterion in the
Everglades Protection Area as determined by a network of monitoring stations
established for this purpose. Not later than December 31, 2008, and each 5 years
thereafter, the department shall review and approve incremental phosphorus reduction
measures.
(4) EVE RG LADES PROG RAM.--
(a) Everglades Construction Project.--The district shall implement the Everglades
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Construction Project. By the time of completion of the project, the state, district, or
other governmental authority shall purchase the inholdings in the Rotenberger and such
other lands necessary to achieve a 2: 1 mitigation ratio for the use of Brown's Farm and
other similar lands, including those needed for the STA 1 Inflow and Distribution Works.
The inclusion of public lands as part of the project is for the purpose of treating waters
not coming from the EAA for hydroperiod restoration. It is the intent of the Legislature
that the district aggressively pursue the implementation of the Everglades Construction
Project in accordance with the schedule in this subsection. The Legislature recognizes
that adherence to the schedule is dependent upon factors beyond the control of the
district, including the timely receipt of funds from all contributors. The district shall take
all reasonable measures to complete timely performance of the schedule in this section
in order to finish the Everglades Construction Project. The district shall not delay
implementation of the project beyond the time delay caused by those circumstances and
conditions that prevent timely performance. The district shall not levy ad valorem taxes
in excess of 0.1 mill within the Okeechobee Basin for the purposes of the design,
construction, and acquisition of the Everglades Construction Project. The ad valorem tax
proceeds not exceeding 0.1 mill levied within the Okeechobee Basin for such purposes
shall also be used for design, construction, and implementation of the initial phase of
the Long-Term Plan, including operation and maintenance, and research for the projects
and strategies in the initial phase of the Long-Term Plan, and including the
enhancements and operation and maintenance of the Everglades Construction Project
and shall be the sole direct district contribution from district ad valorem taxes
appropriated or expended for the design, construction, and acquisition of the Everglades
Construction Project unless the Legislature by specific amendment to this section
increases the 0.1 mill ad valorem tax contribution, increases the agricultural privilege
taxes, or otherwise reallocates the relative contribution by ad valorem taxpayers and
taxpayers paying the agricultural privilege taxes toward the funding of the design,
construction, and acquisition of the Everglades Construction Project. Notwithstanding
the provisions of s. 200.069 to the contrary, any millage levied under the 0.1 mill
limitation in this paragraph shall be included as a separate entry on the Notice of
Proposed Property Taxes pursuant to s. 200.069. Once the STAs are completed, the
district shall allow these areas to be used by the public for recreational purposes in the
manner set forth in s. 373.1391(1), considering the suitability of these lands for such
uses. These lands shall be made available for recreational use unless the district
governing board can demonstrate that such uses are incompatible with the restoration
goals of the Everglades Construction Project or the water quality and hydrological
purposes of the STAs or would otherwise adversely impact the implementation of the
project. The district shall give preferential consideration to the hiring of agricultural
workers displaced as a result of the Everglades Construction Project, consistent with
their qualifications and abilities, for the construction and operation of these STAs. The
following milestones apply to the completion of the Everglades Construction Project as
depicted in the February 15, 1994, conceptual design document:
1. The district must complete the final design of the STA 1 East and West and pursue
STA 1 East project components as part of a cost-shared program with the Federal
Government. The district must be the local sponsor of the federal project that will
include STA 1 East, and STA 1 West if so authorized by federal law;
2. Construction of STA 1 East is to be completed under the direction of the United
States Army Corps of Engineers in conjunction with the currently authorized C-51 flood
control project;
3. The district must complete construction of STA 1 West and STA 1 Inflow and
Distribution Works under the direction of the United States Army Corps of Engineers, if
the direction is authorized under federal law, in conjunction with the currently
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authorized C-51 flood control project;
4. The district must complete construction of STA 3/4 by October 1, 2003; however, the
district may modify this schedule to incorporate and accelerate enhancements to STA
3/4 as directed in the Long-Term Plan;
5. The district must complete construction of STA 6;
6. The district must, by December 31, 2006, complete construction of enhancements to
the Everglades Construction Project recommended in the Long-Term Plan and initiate
other pre-2006 strategies in the plan; and
7. East Beach Water Control District, South Shore Drainage District, South Florida
Conservancy District, East Shore Water Control District, and the lessee of agricultural
lease number 3420 shall complete any system modifications described in the Everglades
Construction Project to the extent that funds are available from the Everglades Fund.
These entities shall divert the discharges described within the Everglades Construction
Project within 60 days of completion of construction of the appropriate STA. Such
required modifications shall be deemed to be a part of each district's plan of reclamation
pursuant to chapter 298.
(b) Everglades water supply and hydroperiod improvement and restoration.--
1. A comprehensive program to revitalize the Everglades shall include programs and
projects to improve the water quantity reaching the Everglades Protection Area at
optimum times and improve hydroperiod deficiencies in the Everglades ecosystem. To
the greatest extent possible, wasteful discharges of fresh water to tide shall be reduced,
and water conservation practices and reuse measures shall be implemented by water
users, consistent with law. Water supply management must include improvement of
water quantity reaching the Everglades, correction of long-standing hydroperiod
problems, and an increase in the total quantity of water flowing through the system.
Water supply management must provide water supply for the Everglades National Park,
the urban and agricultural areas, and the Florida Bay and must replace water previously
available from the coastal ridge areas of southern Miami-Dade County. The Everglades
Construction Project redirects some water currently lost to tide. It is an important first
step in completing hydroperiod improvement.
2. The district shall operate the Everglades Construction Project as specified in the
February 15, 1994, conceptual design document, to provide additional inflows to the
Everglades Protection Area. The increased flow from the project shall be directed to the
Everglades Protection Area as needed to achieve an average annual increase of 28
percent compared to the baseline years of 1979 to 1988. Consistent with the design of
the Everglades Construction Project and without demonstratively reducing water quality
benefits, the regulatory releases will be timed and distributed to the Everglades
Protection Area to maximize environmental benefits.
3. The district shall operate the Everglades Construction Project in accordance with the
February 15, 1994, conceptual design document to maximize the water quantity
benefits and improve the hydroperiod of the Everglades Protection Area. All reductions
of flow to the Everglades Protection Area from BMP implementation will be replaced. The
district shall develop a model to be used for quantifying the amount of water to be
replaced. The timing and distribution of this replaced water will be directed to the
Everglades Protection Area to maximize the natural balance of the Everglades Protection
Area.
4. The Legislature recognizes the complexity of the Everglades watershed, as well as
legal mandates under Florida and federal law. As local sponsor of the Central and
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Southern Florida Flood Control Project, the district must coordinate its water supply and
hydroperiod programs with the Federal Government. Federal planning, research,
operating guidelines, and restrictions for the Central and Southern Florida Flood Control
Project now under review by federal agencies will provide important components of the
district's Everglades Program. The department and district shall use their best efforts to
seek the amendment of the authorized purposes of the project to include water quality
protection, hydroperiod restoration, and environmental enhancement as authorized
purposes of the Central and Southern Florida Flood Control Project, in addition to the
existing purposes of water supply, flood protection, and allied purposes. Further, the
department and the district shall use their best efforts to request that the Federal
Government include in the evaluation of the regulation schedule for Lake Okeechobee a
review of the regulatory releases, so as to facilitate releases of water into the
Everglades Protection Area which further improve hydroperiod restoration.
5. The district, through cooperation with the federal and state agencies, shall develop
other programs and methods to increase the water flow and improve the hydroperiod of
the Everglades Protection Area.
6. Nothing in this section is intended to provide an allocation or reservation of water or
to modify the provisions of part II. All decisions regarding allocations and reservations of
water shall be governed by applicable law.
7. The district shall proceed to expeditiously implement the minimum flows and levels
for the Everglades Protection Area as required by s. 373.042 and shall expeditiously
complete the Lower East Coast Water Supply Plan.
(c) STA 3/4 modification.--The Everglades Program will contribute to the restoration of
the Rotenberger and Holey Land tracts. The Everglades Construction Project provides a
first step toward restoration by improving hydroperiod with treated water for the
Rotenberger tract and by providing a source of treated water for the Holey Land. It is
further the intent of the Legislature that the easternmost tract of the Holey Land,
known as the "Toe of the Boot," be removed from STA 3/4 under the circumstances set
forth in this paragraph. The district shall proceed to modify the Everglades Construction
Project, provided that the redesign achieves at least as many environmental and
hydrological benefits as are included in the original design, including treatment of
waters from sources other than the EAA, and does not delay construction of STA 3/4.
The district is authorized to use eminent domain to acquire alternative lands, only if
such lands are located within 1 mile of the northern border of STA 3/4.
(d) Everglades research and monitoring program.--
1. The department and the district shall review and evaluate available water quality
data for the Everglades Protection Area and tributary waters and identify any additional
information necessary to adequately describe water quality in the Everglades Protection
Area and tributary waters. The department and the district shall also initiate a research
and monitoring program to generate such additional information identified and to
evaluate the effectiveness of the BMPs and STAs, as they are implemented, in improving
water quality and maintaining designated and existing beneficial uses of the Everglades
Protection Area and tributary waters. As part of the program, the district shall monitor
all discharges into the Everglades Protection Area for purposes of determining
compliance with state water quality standards.
2. The research and monitoring program shall evaluate the ecological and hydrological
needs of the Everglades Protection Area, including the minimum flows and levels.
Consistent with such needs, the program shall also evaluate water quality standards for
the Everglades Protection Area and for the canals of the EAA, so that these canals can
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be classified in the manner set forth in paragraph (e) and protected as an integral part
of the water management system which includes the STAs of the Everglades
Construction Project and allows landowners in the EAA to achieve applicable water
quality standards compliance by BMPs and STA treatment to the extent this treatment is
available and effective.
3. The research and monitoring program shall include research seeking to optimize the
design and operation of the STAs, including research to reduce outflow concentrations,
and to identify other treatment and management methods and regulatory programs that
are superior to STAs in achieving the intent and purposes of this section.
4. The research and monitoring program shall be conducted to allow the department to
propose a phosphorus criterion in the Everglades Protection Area, and to evaluate
existing state water quality standards applicable to the Everglades Protection Area and
existing state water quality standards and classifications applicable to the EAA canals. In
developing the phosphorus criterion, the department shall also consider the minimum
flows and levels for the Everglades Protection Area and the district's water supply plans
for the Lower East Coast.
5. Beginning March 1, 2006, as part of the consolidated annual report required by s.
373.036(7), the district and the department shall annually issue a peer-reviewed report
regarding the research and monitoring program that summarizes all data and findings.
The report shall identify water quality parameters, in addition to phosphorus, which
exceed state water quality standards or are causing or contributing to adverse impacts
in the Everglades Protection Area.
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6. The district shall continue research seeking to optimize the design and operation of
STAs and to identify other treatment and management methods that are superior to
STAs in achieving optimum water quality and water quantity for the benefit of the
Everglades. The district shall optimize the design and operation of the STAs described in
the Everglades Construction Project prior to expanding their size. Additional methods to
achieve compliance with water quality standards shall not be limited to more intensive
management of the STAs.
(e) Evaluation of water quality standards.--
1. The department and the district shall employ all means practicable to complete by
December 31, 1998, any additional research necessary to:
a. Numerically interpret for phosphorus the Class III narrative nutrient criterion
necessary to meet water quality standards in the Everglades Protection Area; and
b. Evaluate existing water quality standards applicable to the Everglades Protection
Area and EAA canals.
2. In no case shall such phosphorus criterion allow waters in the Everglades Protection
Area to be altered so as to cause an imbalance in the natural populations of aquatic
flora or fauna. The phosphorus criterion shall be 10 parts per billion (ppb) in the
Everglades Protection Area in the event the department does not adopt by rule such
criterion by December 31, 2003. However, in the event the department fails to adopt a
phosphorus criterion on or before December 31, 2002, any person whose substantial
interests would be affected by the rulemaking shall have the right, on or before
February 28, 2003, to petition for a writ of mandamus to compel the department to
adopt by rule such criterion. Venue for the mandamus action must be Leon County. The
.... court may stay implementation of the 10 parts per billion (ppb) criterion during the
pendency of the mandamus proceeding upon a demonstration by the petitioner of
irreparable harm in the absence of such relief. The department's phosphorus criterion,
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whenever adopted, shall supersede the 10 parts per billion (ppb) criterion otherwise
established by this section, but shall not be lower than the natural conditions of the
Everglades Protection Area and shall take into account spatial and temporal variability.
The department's rule adopting a phosphorus criterion may include moderating
provisions during the implementation of the initial phase of the Long-Term Plan
authorizing discharges based upon BAPRT providing net improvement to impacted areas.
Discharges to unimpacted areas may also be authorized by moderating provisions, which
shall require BAPRT, and which must be based upon a determination by the department
that the environmental benefits of the discharge clearly outweigh potential adverse
impacts and otherwise comply with antidegradation requirements. Moderating provisions
authorized by this section shall not extend beyond December 2016 unless further
authorized by the Legislature pursuant to paragraph (3)(d).
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3. The department shall use the best available information to define relationships
between waters discharged to, and the resulting water quality in, the Everglades
Protection Area. The department or the district shall use these relationships to establish
discharge limits in permits for discharges into the EAA canals and the Everglades
Protection Area necessary to prevent an imbalance in the natural populations of aquatic
flora or fauna in the Everglades Protection Area, and to provide a net improvement in
the areas already impacted. During the implementation of the initial phase of the
Long-Term Plan, permits issued by the department shall be based on BAPRT and shall
include technology-based effluent limitations consistent with the Long-Term Plan.
Compliance with the phosphorus criterion shall be based upon a long-term geometric
mean of concentration levels to be measured at sampling stations recognized from the
research to be reasonably representative of receiving waters in the Everglades
Protection Area, and so located so as to assure that the Everglades Protection Area is
not altered so as to cause an imbalance in natural populations of aquatic flora and fauna
and to assure a net improvement in the areas already impacted. For the Everglades
National Park and the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
method for measuring compliance with the phosphorus criterion shall be in a manner
consistent with Appendices A and B, respectively, of the settlement agreement dated
July 26,1991, entered in case No. 88-1886-Civ-Hoeveler, United States District Court
for the Southern District of Florida, that recognizes and provides for incorporation of
relevant research.
4. The department's evaluation of any other water quality standards must include the
department's antidegradation standards and EAA canal classifications. In recognition of
the special nature of the conveyance canals of the EAA, as a component of the
classification process, the department is directed to formally recognize by rulemaking
existing actual beneficial uses of the conveyance canals in the EAA. This shall include
recognition of the Class III designated uses of recreation, propagation and maintenance
of a healthy, well-balanced population of fish and wildlife, the integrated water
management purposes for which the Central and Southern Florida Flood Control Project
was constructed, flood control, conveyance of water to and from Lake Okeechobee for
urban and agricultural water supply, Everglades hydroperiod restoration, conveyance of
water to the STAs, and navigation.
(f) EAA best management practices.--
1. The district, in cooperation with the department, shall develop and implement a
water quality monitoring program to evaluate the effectiveness of the BMPs in achieving
and maintaining compliance with state water quality standards and restoring and
maintaining designated and existing beneficial uses. The program shall include an
.... analysis of the effectiveness of the BMPs in treating constituents that are not being
significantly improved by the STAs. The monitoring program shall include monitoring of
appropriate parameters at representative locations.
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2. The district shall continue to require and enforce the BMP and other requirements of
chapters 40E-61 and 40E-63, Florida Administrative Code, during the terms of the
existing permits issued pursuant to those rules. Chapter 40E-61, Florida Administrative
Code, may be amended to include the BMPs required by chapter 40E-63, Florida
Administrative Code. Prior to the expiration of existing permits, and during each 5-year
term of subsequent permits as provided for in this section, those rules shall be amended
to implement a comprehensive program of research, testing, and implementation of
BMPs that will address all water quality standards within the EAA and Everglades
Protection Area. Under this program:
a. EAA landowners, through the EAA Environmental Protection District or otherwise,
shall sponsor a program of BMP research with qualified experts to identify appropriate
BMPs.
b. Consistent with the water quality monitoring program, BMPs will be field-tested in a
sufficient number of representative sites in the EAA to reflect soil and crop types and
other factors that influence BMP design and effectiveness.
c. BMPs as required for varying crops and soil types shall be included in permit
conditions in the 5-year permits issued pursuant to this section.
d. The district shall conduct research in cooperation with EAA landowners to identify
water quality parameters that are not being significantly improved either by the STAs or
the BMPs, and to identify further BMP strategies needed to address these parameters.
3. The Legislature finds that through the implementation of the Everglades BMPs
Program and the implementation of the Everglades Construction Project, reasonable
further progress will be made towards addressing water quality requirements of the EAA
canals and the Everglades Protection Area. Permittees within the EAA and the C-139
Basin who are in full compliance with the conditions of permits under chapters 40E-61
and 40E-63, Florida Administrative Code, have made all payments required under the
Everglades Program, and are in compliance with subparagraph (a)7., if applicable, shall
not be required to implement additional water quality improvement measures, prior to
December 31, 2006, other than those required by subparagraph 2., with the following
exceptions:
a. Nothing in this subparagraph shall limit the existing authority of the department or
the district to limit or regulate discharges that pose a significant danger to the public
health and safety; and
b. New land uses and new stormwater management facilities other than alterations to
existing agricultural stormwater management systems for water quality improvements
shall not be accorded the compliance established by this section. Permits may be
required to implement improvements or alterations to existing agricultural water
management systems.
4. As of December 31, 2006, all permits, including those issued prior to that date, shall
require implementation of additional water quality measures, taking into account the
water quality treatment actually provided by the STAs and the effectiveness of the
BMPs. As of that date, no permittee's discharge shall cause or contribute to any violation
of water quality standards in the Everglades Protection Area.
5. Effective immediately, landowners within the C-139 Basin shall not collectively
exceed an annual average loading of phosphorus based proportionately on the historical
rainfall for the C-139 Basin over the period of October 1, 1978, to September 30, 1988.
New surface inflows shall not increase the annual average loading of phosphorus stated
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above. Provided that the C-139 Basin does not exceed this annual average loading, all
landowners within the Basin shall be in compliance for that year. Compliance
determinations for individual landowners within the C-139 Basin for remedial action, if
the Basin is determined by the district to be out of compliance for that year, shall be
based on the landowners' proportional share of the total phosphorus loading. The total
phosphorus discharge load shall be determined as set forth in Appendix B2 of Rule
40E-63, Everglades Program, Florida Administrative Code.
6. The district, in cooperation with the department, shall develop and implement a
water quality monitoring program to evaluate the quality of the discharge from the
C-139 Basin. Upon determination by the department or the district that the C-139 Basin
is exceeding any presently existing water quality standards, the district shall require
landowners within the C-139 Basin to implement BMPs appropriate to the land uses
within the C-139 Basin consistent with subparagraph 2. Thereafter, the provisions of
subparagraphs 2.-4. shall apply to the landowners within the C-139 Basin.
(g) Monitoring and control of exotic species.--
1. The district shall establish a biological monitoring network throughout the Everglades
Protection Area and shall prepare a survey of exotic species at least every 2 years.
2. In addition, the district shall establish a program to coordinate with federal, state, or
other governmental entities the control of continued expansion and the removal of
these exotic species. The district's program shall give high priority to species affecting
the largest areal extent within the Everglades Protection Area.
(5) ACQUISITION AND LEASE OF STATE LANDS.--
(a) As used in this subsection, the term:
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1. "Available land" means land within the EAA owned by the board of trustees which is
covered by any of the following leases: Numbers 3543,3420, 1447, 1971-5, and 3433,
and the southern one-third of number 2376 constituting 127 acres, more or less.
2. "Board of trustees" means the Board of Trustees of the Internal Improvement Trust
Fund.
3. "Designated acre," as to any impacted farmer, means an acre of land which is
designated for STAs or water retention or storage in the February 15, 1994, conceptual
design document and which is owned or leased by the farmer or on which one or more
agricultural products were produced which, during the period beginning October 1,
1992, and ending September 30, 1993, were processed at a facility owned by the
farmer.
4. "Impacted farmer" means a producer or processor of agricultural commodities and
includes subsidiaries and affiliates that have designated acres.
5. "Impacted vegetable farmer" means an impacted farmer in the EAA who uses more
than 30 percent of the land farmed by that farmer, whether owned or leased, for the
production of vegetables.
6. "Vegetable-area available land" means land within the EAA owned by the board of
trustees which is covered by lease numbers 3422 and 1935j1935S.
(b) The Legislature declares that it is necessary for the public health and welfare that
~ the Everglades water and water-related resources be conserved and protected. The
Legislature further declares that certain lands may be needed for the treatment or
storage of water prior to its release into the Everglades Protection Area. The acquisition
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Select Year: 2009 Go
The 2009 Florida Statutes
Title XXVI
PUBLIC TRANSPORTATION
Chapter 334
TRANSPORTATION ADMINISTRATION
View Entire Chapter
334.30 Public-private transportation facilities.--The Legislature finds and declares that
there is a public need for the rapid construction of safe and efficient transportation facilities for
the purpose of traveling within the state, and that it is in the public's interest to provide for the
construction of additional safe, convenient, and economical transportation facilities.
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(1) The department may receive or solicit proposals and, with legislative approval as
evidenced by approval of the project in the department's work program, enter into agreements
with private entities, or consortia thereof, for the building, operation, ownership, or financing
of transportation facilities. The department may advance projects programmed in the adopted
5-year work program or projects increasing transportation capacity and greater than $500
million in the la-year Strategic Intermodal Plan using funds provided by public-private
partnerships or private entities to be reimbursed from department funds for the project as
programmed in the adopted work program. The department shall by rule establish an
application fee for the submission of unsolicited proposals under this section. The fee must be
sufficient to pay the costs of evaluating the proposals. The department may engage the
services of private consultants to assist in the evaluation. Before approval, the department
must determine that the proposed project:
(a) Is in the public's best interest;
(b) Would not require state funds to be used unless the project is on the State Highway
System;
(c) Would have adequate safeguards in place to ensure that no additional costs or service
disruptions would be realized by the traveling public and residents of the state in the event of
default or cancellation of the agreement by the department;
(d) Would have adequate safeguards in place to ensure that the department or the private
entity has the opportunity to add capacity to the proposed project and other transportation
facilities serving similar origins and destinations; and
(e) Would be owned by the department upon completion or termination of the agreement.
The department shall ensure that all reasonable costs to the state, related to transportation
facilities that are not part of the State Highway System, are borne by the private entity. The
department shall also ensure that all reasonable costs to the state and substantially affected
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local governments and utilities, related to the private transportation facility, are borne by the
private entity for transportation facilities that are owned by private entities. For projects on
the State Highway System, the department may use state resources to participate in funding
and financing the project as provided for under the department's enabling legislation. Because
the Legislature recognizes that private entities or consortia thereof would perform a
governmental or public purpose or function when they enter into agreements with the
department to design, build, operate, own, or finance transportation facilities, the
transportation facilities, including leasehold interests thereof, are exempt from ad valorem
taxes as provided in chapter 196 to the extent property is owned by the state or other
government entity, and from intangible taxes as provided in chapter 199 and special
assessments of the state, any city, town, county, special district, political subdivision of the
state, or any other governmental entity. The private entities or consortia thereof are exempt
from tax imposed by chapter 201 on all documents or obligations to pay money which arise out
of the agreements to design, build, operate, own, lease, or finance transportation facilities. Any
private entities or consortia thereof must pay any applicable corporate taxes as provided in
chapters 220 and 221, and unemployment compensation taxes as provided in chapter 443, and
sales and use tax as provided in chapter 212 shall be applicable. The private entities or
consortia thereof must also register and collect the tax imposed by chapter 212 on all their
direct sales and leases that are subject to tax under chapter 212. The agreement between the
private entity or consortia thereof and the department establishing a transportation facility
under this chapter constitutes documentation sufficient to claim any exemption under this
section.
(2) Agreements entered into pursuant to this section may authorize the private entity to
impose tolls or fares for the use of the facility. The following provisions shall apply to such
agreements:
(a) With the exception of the Florida Turnpike System, the department may lease existing toll
facilities through public-private partnerships. The public-private partnership agreement must
ensure that the transportation facility is properly operated, maintained, and renewed in
accordance with department standards.
(b) The department may develop new toll facilities or increase capacity on existing toll
facilities through public-private partnerships. The public-private partnership agreement must
ensure that the toll facility is properly operated, maintained, and renewed in accordance with
department standards.
(c) Any toll revenues shall be regulated by the department pursuant to s. 338.165(3). The
regulations governing the future increase of toll or fare revenues shall be included in the
public-private partnership agreement.
(d) The department shall provide the analysis required in subparagraph (6)(e)2. to the
Legislative Budget Commission created pursuant to s. 11.90 for review and approval prior to
awarding a contract on a lease of an existing toll facility.
(e) The department shall include provisions in the public-private partnership agreement that ~
ensure a negotiated portion of revenues from tolled or fare generating projects are returned to
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the department over the life of the public-private partnership agreement. In the case of a lease
of an existing toll facility, the department shall receive a portion of funds upon closing on the
agreements and shall also include provisions in the agreement to receive payment of a portion
of excess revenues over the life of the public-private partnership.
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(f) The private entity shall provide an investment grade traffic and revenue study prepared by
an internationally recognized traffic and revenue expert that is accepted by the national bond
rating agencies. The private entity shall also provide a finance plan that identifies the project
cost, revenues by source, financing, major assumptions, internal rate of return on private
investments, and whether any government funds are assumed to deliver a cost-feasible
project, and a total cash flow analysis beginning with implementation of the project and
extending for the term of the agreement.
(3) Each private transportation facility constructed pursuant to this section shall comply with
all requirements of federal, state, and local laws; state, regional, and local comprehensive
plans; department rules, policies, procedures, and standards for transportation facilities; and
any other conditions which the department determines to be in the public's best interest.
(4) The department may exercise any power possessed by it, including eminent domain, with
respect to the development and construction of state transportation projects to facilitate the
development and construction of transportation projects pursuant to this section. The
department may provide services to the private entity. Agreements for maintenance, law
enforcement, and other services entered into pursuant to this section shall provide for full
reimbursement for services rendered for projects not on the State Highway System.
--..
(5) Except as herein provided, the provisions of this section are not intended to amend
existing laws by granting additional powers to, or further restricting, local governmental
entities from regulating and entering into cooperative arrangements with the private sector for
the planning, construction, and operation of transportation facilities.
(6) The procurement of public-private partnerships by the department shall follow the
provisions of this section. Sections 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18, 337.185,
337.19, 337.221, and 337.251 shall not apply to procurements under this section unless a provision
is included in the procurement documents. The department shall ensure that generally
accepted business practices for exemptions provided by this subsection are part of the
procurement process or are included in the public-private partnership agreement.
(a) The department may request proposals from private entities for public-private
transportation projects or, if the department receives an unsolicited proposal, the department
shall publish a notice in the Florida Administrative Weekly and a newspaper of general
circulation at least once a week for 2 weeks stating that the department has received the
proposal and will accept, for 120 days after the initial date of publication, other proposals for
the same project purpose. A copy of the notice must be mailed to each local government in the
affected area.
--..
(b) Public-private partnerships shall be qualified by the department as part of the procurement
process as outlined in the procurement documents, provided such process ensures that the
LEGISLATION 38 of 44
30f6
11/3/2009 11:36 AM
Statutes & C0nstitution : View Statutes :->2009->Ch0334->Section 30 ... http://www.leg.state.fl.us/Statuteslindex.cfin? App _ mode=Display _ Stat...
private firm meets at least the minimum department standards for qualification in department
rule for professional engineering services and road and bridge contracting prior to submitting a
proposal under the procurement.
--..
(c) The department shall ensure that procurement documents include provisions for
performance of the private entity and payment of subcontractors, including, but not limited to,
surety bonds, letters of credit, parent company guarantees, and lender and equity partner
guarantees. The department shall balance the structure of the security package for the public-
private partnership that ensures performance and payment of subcontractors with the cost of
the security to ensure the most efficient pricing.
(d) After the public notification period has expired, the department shall rank the proposals in
order of preference. In ranking the proposals, the department may consider factors that
include, but are not limited to, professional qualifications, general business terms, innovative
engineering or cost-reduction terms, finance plans, and the need for state funds to deliver the
project. If the department is not satisfied with the results of the negotiations, the department
may, at its sole discretion, terminate negotiations with the proposer. If these negotiations are
unsuccessful, the department may go to the second-ranked and lower-ranked firms, in order,
using this same procedure. If only one proposal is received, the department may negotiate in
good faith and, if the department is not satisfied with the results of the negotiations, the
department may, at its sole discretion, terminate negotiations with the proposer.
Notwithstanding this subsection, the department may, at its discretion, reject all proposals at
any point in the process up to completion of a contract with the proposer.
..... (e) The department shall provide an independent analysis of the proposed public-private
partnership that demonstrates the cost-effectiveness and overall public benefit at the following
times:
1. Prior to moving forward with the procurement; and
2. If the procurement moves forward, prior to awarding the contract.
(7) The department may lend funds from the Toll Facilities Revolving Trust Fund, as outlined
in s. 338.251, to private entities that construct projects on the State Highway System containing
toll facilities that are approved under this section. To be eligible, a private entity must comply
with s. 338.251 and must provide an indication from a nationally recognized rating agency that
the senior bonds for the project will be investment grade, or must provide credit support such
as a letter of credit or other means acceptable to the department, to ensure that the loans will
be fully repaid. The state's liability for the funding of a facility is limited to the amount
approved for that specific facility in the department's 5-year work program adopted pursuant to
s. 339.135.
(8) The department may use innovative finance techniques associated with a public-private
partnership under this section, including, but not limited to, federal loans as provided in Titles
23 and 49 of the Code of Federal Regulations, commercial bank loans, and hedges against
inflation from commercial banks or other private sources.
---
LEGISLATION 39 of 44
40f6
11/3/2009 11 :36 AM
Statutes & C~nstitution : View Statutes :->2009->Ch0334->Section 30 ... http://www.leg.state.fl.us/Statutes/index.cfin? App _ mode=Oisplay _Stat...
"-'
(9) The department may enter into public-private partnership agreements that include
extended terms providing annual payments for performance based on the availability of service
or the facility being open to traffic or based on the level of traffic using the facility. In addition
to other provisions in this section, the following provisions shall apply:
(a) The annual payments under such agreement shall be included in the department's
tentative work program developed under s. 339.135 and the long-range transportation plan for
the applicable metropolitan planning organization developed under s. 339.175. The department
shall ensure that annual payments on multiyear public-private partnership agreements are
prioritized ahead of new capacity projects in the development and updating of the tentative
work program.
(b) The annual payments are subject to annual appropriation by the Legislature as provided in
the General Appropriations Act in support of the first year of the tentative work program.
(10) The department shall provide a summary of new public-private partnership projects each
year as part of the submittal of the Tentative Work Program pursuant to s. 339.135. This
summary shall include identification of planned funding from the State Transportation Trust
Fund beyond the 5-year Tentative Work Program period that are the public involvement
process for project, including discussion of the planned use of future funds to deliver the
project.
(11) Prior to entering such agreement where funds are committed from the State
Transportation Trust Fund, the project must be prioritized as follows:
.....
(a) The department, in coordination with the local metropolitan planning organization, shall
prioritize projects included in the Strategic Intermodal System la-year and long-range
cost-feasible plans.
(b) The department, in coordination with the local metropolitan planning organization or local
government where there is no metropolitan planning organization, shall prioritize projects, for
facilities not on the Strategic Intermodal System, included in the metropolitan planning
organization cost-feasible transportation improvement plan and long-range transportation
plan.
(12) Public-private partnership agreements under this section shall be limited to a term not
exceeding 50 years. Upon making written findings that an agreement under this section
requires a term in excess of 50 years, the secretary of the department may authorize a term of
up to 75 years. Agreements under this section shall not have a term in excess of 75 years
unless specifically approved by the Legislature. The department shall identify each new project
under this section with a term exceeding 75 years in the transmittal letter that accompanies
the submittal of the tentative work program to the Governor and the Legislature in accordance
with s. 339.135.
(13) The department shall ensure that no more than 15 percent of total federal and state
~ funding in any given year for the State Transportation Trust Fund shall be obligated
collectively for all projects under this section.
LEGISLATION 40 of 44
50f6
11/3/2009 11 :36 AM
Statutes &C~nstitution :view Statutes :->2009->Ch0334->Section 30 ... http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Oisplay_Stat...
--..
.....
....
60f6
History.us. 1, ch. 91-160; s. 67, ch. 93-164; s. 21, ch. 95-257; s. 7, ch. 99-256; s. 52, ch. 2002-20; s. 6, ch. 2004-366; s.
50, ch. 2007-196; s. 19, ch. 2009-111.
Copyright @ 1995-2009 The Florida Legislature. Privacy Statement. Contact Us
LEGISLATION 41 of 44
11/3/2009 11:36 AM
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LEGISLATION 42 of 44
Senator wnnts endowment fund to lease Alligator Alley - St. Petersburg... http://www.tampabay.cominews/politics/state/senator-wants-endowme...
lamJJab_3] .
KrlC!\lV I: n::')'l/v,
"- Senator wants endowment fund to lease Alligator
Alley
Steve Bousquet, Tallahassee Bureau Chief
Published Thursday, April 17, 2008
TALLAHASSEE - Seeking to help spark the state's lagging economy, a powerful senator is proposing the lease of South
Florida's Alligator Alley to a state-run endowment fund,
Senate Majority Leader Dan Webster, R-Winter Garden, said the idea would bolster a state health care program's investment
return and generate much needed money for roads.
Under Webster's plan, the Lawton Chiles Endowment health care program would spend an estimated $500-million to acquire
the 78-mile toll road that cuts across the Everglades from Fort Lauderdale to Naples.
Webster said the cash-strapped state could use the $500-million to build roads, which would create jobs and help bolster the
economy. The endowment would recoup the $500-million and much more by collecting the tolls over the next 50 years.
"It's like investing in a stock, but in my mind this would be far more stable," said Webster, adding that the endowment's
investment portfolio showed a slight loss last year.
The notion of raiding a children's health care program to lay more asphalt took House members by surprise and alarmed
advocates for human services.
.....
"It's inconsistent with the creation of the endowment," said Karen Woodall, who lobbies on behalf of the poor and the
uninsured. "I think our late governor (Lawton Chiles) would probably roll over several times."
Webster, who is in the final year of a 28-year career in the Legislature, is viewed by his colleagues as an expert on
transportation and is a longtime supporter of highway construction. The Orlando area that he has long represented has some
of the state's most congested highways.
Webster said he'll amend a priority transportation bill (SB 1978) to include the transaction, which he calls "Florida Investing in
Florida." He said Gov. Charlie Crist and the state transportation agency support the idea, but he has not yet discussed it with
the House.
Rep Dean Cannon, R-Winter Park, who oversees transportation spending in the House, said he did not know enough about
Webster's proposal.
"Parts of that idea are appealing," Cannon said. "But you'd have to make sure you had awfully strong safeguards for insuring
the state's return on investment."
Alligator Alley is considered the most lucrative highway being eyed as a candidate for privatization to generate revenue for the
state. An analysis done last year for the state Department of Transportation concluded that the road would be worth
$600-million to $1.6-billion if tolls were increased from the current $2.50. DOT announced in March that it would seek
proposals from private companies interested in leasing the stretch of highway.
~
The Chiles endowment, worth about $2.3-billion, was built with proceeds from the state's tobacco settlement in the 1990s. The
state has never spent any of the principal and uses some of the generated interest to pay for health care programs for children.
Webster said if the Alley deal gets done, it should preclude for several years the privatization of other candidate toll roads such
LEGISLATION 43 of 44
lof2
11/3/2009 I: II PM
Senator W<1nts endowment fund to lease Alligator Alley - St. Petersburg... http://www.tampabay.cominews/politics/state/senator-wants-endowme...
as the Sunshine Skyway bridge, Pinellas Bayway and the state-owned stretch of the BeachLine Expressway in central Florida.
"We pretty much have to exclude others to make this one work," he said.
...... Webster briefed reporters on his plan on a day when House and Senate leaders struck a series of deals to settle differences in
a new $65-billion budget.
. Earlier this week, lawmakers suggested canceling the back-to-school August sales tax holiday. On Thursday, the two budget
chairs, Sen. Lisa Carlton and Rep. Ray Sansom, instead agreed to scale it back from 10 to seven days, but consumers would
not get a weeklong June tax break on hurricane-related items like batteries and portable radios.
. The Senate agreed with the House to hold the line on the amount of property taxes collected to run public schools next year.
. The House agreed with the Senate to borrow money for a $300-million renewal of the Florida Forever land-buying program.
. Senators also will agree with the House's plan to divert some transportation money for other uses, but the $330-million is half
of what the House proposed.
Times staff writer Alex Leary contributed to this report. Steve Bousquet can be reached at bousquet@sptimes.com or (850)
224-7263.
@ 2009 . All Rights Reserved. St. Petersburg Times
490 First Avenue South. St. Petersburg, FL 33701 .727-893-8111
Contact Us I Join Us I Advertise with Us I Subscribe to the St. Petersbur~ Times
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~
---
LEGISLATION 44 of 44
20f2
11/3/2009 1: 11 PM
Tolling USl / Monroe County
FUNDING OPTIONS
-
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Matecumbe Key 1938
Tolling USl / Monroe County
FUNDING OPTIONS
FUNDING
US 1 is a Federal Aid Highway, maintained by the State of Florida Department of
Transportation.
Federal-Aid Funds
Title 23 United States Code (23 U.S.c.) Section 129 Toll Agreements
The Federal-Aid highway program, when created in 1916, allowed no use of Federal-aid
funds on toll facilities. This position remained unchanged until 1927 when Congress
enacted legislation that permitted Federal-aid highway funding to be used to construct toll
bridges and approaches. Subsequent legislation provided more flexibility on using
Federal-aid highway funds for improvements to toll facilities with the last significant
changes being made in 1991 with passage of the Intermodal Surface Transportation
Efficiency Act of 1991.
Although the Interstate system is free of tolls for the most part, Congress decided in 1956
to include some toll facilities in the System. Generally, these were major toll roads built or
planned before Federal funding for construction of the Interstate System increased
significantly in 1956. Inclusion of these toll roads in the Interstate System enhanced
connectivity without having to build competing free routes in the same transportation
corridors. Approximately 2,900 miles of toll facilities are included in the 46,730-mile
System.
If Federal-Aid funds are used for construction of, or improvements to, a toll facility of the
approach to a toll facility or if a State plans to reconstruct and convert a free highway,
bridge or tunnel previously constructed with Federal-aid funds to a toll facility, a toll
agreement under Section 129(a)(3) must be executed.
NOTE: Proponents of All Electronic Toll Collection (AETC) including US Secretary of
Transportation, Mary Peters called on the toll industry "to work for the elimination of all
toll booths in the US by 2014".
Public/Private
As business models proliferate, most new highways are not public or private but
somewhere in between (Bendan Schlauch / Governing / August 2009)
FUNDING OPTIONS 2 of 29
Tolling USl / Monroe County
FUNDING OPTIONS
State of Florida Public Private Partnership Practices
Florida's P3 Process (Ch. 334.30, F.S.): Revised the process for FDOT to enter into Public
Private Partnerships
. Allows FDOT to enter into agreements that develop new or lease existing toll
facilities
. Requires lease agreements that do not add capacity be approved by the Legislative
Budget Commission.
. Includes requirements for maintaining, operating and renewing PPP facilities in
accordance with FDOT standards.
Provides for regulation of toll rates and revenue sharing as part of the negotiated
agreement.
Additional ways to pay for the construction of a toll, beyond Public/Private and Federal Aid
include financing and bonding.
FUNDING OPTIONS 3 of 29
Six Routes to a Toll Road
As business models proliferate, most new highways aren't
public or private but somewhere in between. By Brendan Schlauch
< PUBLIC t
Maryland
Florida
Virginia
Intercounty
Connector
1-595 Expressway
Cost: $2.6 billion
Completion: Fall 2012
Cost: $1.8 billion
Completion: Spring 2014
;
When the Philadelphia and Lancaster Turnpike
opened in 1794, it was the first major toll road in
the United States. It also was the first thoroughfare
to be constructed entirely with private money. That private
model of financing toll roads held sway for more than a century.
Not until 1937, with the construction of the Pennsylvania Turn-
pike, did government begin to take an active role in the financ-
ing and construction of toll roads. For generations of American
drivers, a toll road was almost always a highway built not long
after world War II and financed and run by a public authority
or another arm of state government.
Now, that's changing again~and quickly. With states strapped
for cash, and the nation's highways in desperate need of repair,
government is once again turning to the private sector for help,
But what's unfolding with toll roads is not necessarily a pendulum
swinging back to an all-private model, either. Instead, states are
experimenting with a wide array of business models, some of them
imported from overseas. On a spectrum, some of the new facilities
are closer to the late-1940s model in terms of public financing and
control over how the road is managed. Others leave more control,
risk and financial reward with the private sector, Many more of
the new toll-road models lie somewhere in between. Although the
credit crunch has slowed the momentum on new public-private
partnerships, several projects already are underway and more are
likely when the economy rebounds.
In other words, this is a pivotal moment in the history of toll
roads. Only the future can tell whether any of the emerging mod-
els for building them will work out better than others. G
I PRIVATE)
Virginia
Texas
California
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Tolling USl / Monroe County
REVENUE
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Matecumbe Key 1938
Tolling USl / Monroe County
REVENUE
CURRENT REVENUE rCARD SOUND ROADl
There is a $1 toll each way on Card Sound Road. These revenues averaged $l.5m per year
(2007 & 2008 figures). Monroe County Public Works use monies collected for road and
bridgework in that area. (See next page for actual figures)
CALCULATING POTENTIAL REVENUE
Revenue generated will be a function of toll charged, discounts and surcharges applied as
well as traffic (vehicle count).
Southbound traffic on the 18-mile stretch, per day, averages 8600 vehicles
[2008 FDOT numbers (metered counts)]
Southbound traffic on Card Sound Road, per day, averages 2000 vehicles
[Based on current tolling revenue - $1 per car (No FDOT figures)]
Total number of southbound vehicles per day = 10,600
Total number of southbound vehicles per year = 3,869,000
NOTE: USl (Florida Keys Scenic Highway) was recently designated an All American Road
by the US Federal Hwy Administration. This is very exciting for the FL Keys as there are
only 27 All-American Byways in the country, and they will not be opening up nominations
for this ever again. Presumably, the number of vehicles travelling USl will increase.
TOLL COMPARISON (within Florida) (Numbers do not reflect discounts, surcharges etc.)
Pinellias Bayway (St Pete)
North and South bound tolls
$.35 and $.50 respectively
Sunshine Skyway (Tampa)
North and South bound tolls
$1.00 each way
Garcon Point Bridge (Pensacola)
One-way toll
$3.50
Sanibellsland Causeway
One-way toll
$6.00
REVENUE 2 of 8
Tolling USl / Monroe County
REVENUE
Toll per Mile of Highwav
Alligator Alley
Florida Turnpike Mainline
Orlando-Orange County Expressway
Florida's Turnpike Expansion Projects
Tampa-Hillsborough Expressway
Miami-Dade Expressway
$0.032 per mile (cash toll) *
$0.075 per mile (cash toll)
$0.11 per mile (cash toll)
$0.13 per mile (cash toll)
$0.20 per mile (cash toll)
$0.31 per mile (cash toll)
* This is the rate for a double-axle car paying cash and does not reflect discounts for
SunPass usage, surcharges for additional axles, et.c
REVENUE 3 of 8
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2008 FDOT ANNUAL AVERAGE DAILY TRAFFIC REPORT "AADT"
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* Figures include truck and multi-axle vehicles as 1 vehicle (not counted by axle)
---
REVENUE 7 of 8
~ COUNTY: 90
MONROE
FLORIDA DEPARTMENT OF TRANSPORTATION
2008 ANNUAL AVERAGE DAILY TRAFFIC REPORT - REPORT TYPE: ALL
0001
SITE
SITE TYPE DESCRIPTION
SR 5/US-1, 400' S JEW FISH CREEK BRIDG
0002
0004
0009
0010
0016
0020
0023
0025
0026
0028
0029
0030
0045
0046
0048
SITE TYPE
AADT FLAGS
"KID" FLAGS
"T" FLAGS
AADT
DIRECTION 1 DIRECTION 2 TWO-WAY
CR 905, 400' N SR 5/US-1IN KEY LARGO)
ATLANTIC BLVD, 200' E WHITE ST
SR5/US-1, IMM6.5), 400' NOFBOCACHICACHANNE
SR 5/US-1, 200' N OF ROCKLAND CHANNEL BRIDGE 1M
SR 5/US-1, 800' N CR 940lNORTH LEG)
EATON ST, 200' W DUVAL ST
DUVAL ST, 200' N SR 5/US-1/TRUMAN AV
WHITE ST, 200' NW SR 5/US-1/TRUMAN AV
WHITE ST, 200' SE SR 5/US-1/TRUMAN AV
KENNEDY BLVD, 200' S SR 5/US-1/ROOSEVELT BLVD
BYRD RD, 200' N SR 5/US-1/ROOSEVELT BLVD
COLLEGE RD, 200' N SR 5/US-1/0VERSEAS
SR 5/US-1, 200' N KEY VACA BRIDG
KEY COLONY BCH CSWY, 200' S SR 5/US-1
MACDONALD AV, 200' SE SR 5/US-1ISTOCK ISL)
N
8400E S
S
11500
8600E 17000 F
2100 4300 C
2900 5600 C
23500 C
20000 C
8200
16300 C
"K"
FCTR
DEMAND "D"
K100 FCTR
DEMAND "T"
0100 FCTR
N
2200 S
S
10000
2600
5300 C
10.4SF .81 54.98F 52.82 10.91F
10.45F ,81 54.98F 52.82 .56F
10.45F 9.81 54,98F 52.82 8.56F
10,45F
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N
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12500
3300
6600 C
10.45F 9.81 54.98F 52.82 10.91F
10.4SF 9.81 54.98F 52.82 10.91F
10.45F 9.81 54.98F 52.82 .S6F
10.45F .81 54.98F 52.82 .56F
10,45F 9.81 S4.98F S2.82 8.56F
10.45F 9.81 54.98F 52.82 8.56F
10.45F .81 54.98F 52.82 .56F
10.45F ,81 54.98F 52,82 .56F
10.45F 9.81 54.98F 52.82 8.56F
10.45F 9.81 54.98F 52.82 10.91F
10.45F .81 54.98F 52.82 8.56F
10.45F 9,81 54.98F 52.82 ,56F
P= PORTABLE; T= TELEMETERED
C= COMPUTED; E= MANUAL EST; F= FIRST YEAR EST; S= SECOND YEAR EST; T= THIRD YEAR EST; X= UNKNOWN
A= ACTUAL; F= VOLUME FCTR CATG; D= DIST/FUNC. CLASS; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; W= ONE-WAY ROAD
A= ACTUAL; F= AXLE FCTR CATG; D= DIST/FUNC, CLASS; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; X= CROSS-REFERENCE
~
\PR-2009 18:40:35
PAGE -679- OF -739-
.---
N
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4000
7500 C
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REVENUE 8 of 8
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
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WELCOME
FLORIDA FREEWAY
Matecumbe Key 1938
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
1. Will a toll road negatively affect tourism?
. Statistics from other set-fee toll roads/bridges indicate no negative impact on
tourism
Sanibellsland: (FDOT numbers (2008) indicate Sanibellsland's daily bridge
traffic is 80% of Florida Keys' southbound traffic on 18-mile stretch and Card
Sound Road combined.)
'Y Current Sanibellsland bridge toll is $6.00
'Y In 2004, the toll was raised from $3.00 to $6.00. Tourism numbers
increased by 1% in 2004 and 2005 in spite of heavy hurricane seasons and
increased toll. (See Appendix)
'Y A February 2006 study by Research Data Services, Inc. indicated 3.4% of
tourists in Sanibel disliked the high bridge toll to Sanibel however; it did not
stop them from visiting and did not affect rationale for trip not matching
expectations. (See Appendix)
Orlando: Statistics cannot be readily obtained without becoming a member of
industry associations, etc. However, as a constituent stated - tolls haven't
held people back from visiting Mickey Mouse!
. Florida Keys Day trippers
'Y There isn't very much data on day trippers into the Florida Keys. The TDC is
currently working with NOAA on an updated study that will provide new
information on day-trippers. The study, scheduled to be completed in
February 2010, will include expenditures and what day-trippers' interests are
while here.
'Y The TDC and individual DACs have chosen not to direct market to day-trippers.
'Y The day-tripper discussion will be included on upcoming DAC agendas
'Y Some law enforcement officials suggest that day-trippers could contribute to
crime in the Keys.
o Capt. Don Fanelli of Islamorada says the slowing economy, heavy
home building in south Miami-Dade County, and decreasing home
prices there have contributed to the recent uptick in crime, which
manifested itself prominently in Islamorada recently with a duo of
robbery-arsons and an attempted homicide at Coconut Cove Resort.
12/26/2007 Free Press (See Appendix)
o Fanelli said the changes in Dade will likely continue to bring more
day-trippers to the area and that means more crime. "If you look at
our statistics, a lot of our arrests are Miami-Dade people," he said.
12/26/2007 Free Press (See Appendix)
'Y Some suggest that many day-trippers often come to the Keys without
spending much to benefit our local economy, but taxing our infrastructure
and causing congestion nonetheless. A toll may help offset potential negative
impacts of day-trippers.
10 QUESTIONS $ ANSWERS 2 of 5
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
'Y The potential impact (both positive and negative) on day-trippers will have to
be further investigated.
. This aspect will have to be investigated further. However, it seems likely that the
value of a visit to the Keys would far outweigh any sticker shock for a toll. If a toll
is paid at MM104, it is likely to be forgotten by MM 100 - and certainly by MM 92,
68, 54, 38, 33 or 5.
2. Is the use of funds limited to roads and bridges?
. Traditionally, revenues raised from tolls have been earmarked for road and bridge
infrastructure. There have been some state precedents that allow funds to be
used for non-transportation projects:
'Y The revenues generated from the toll on Alligator Alley first go to cover the
cost of maintenance and repaying the bond that created the road. Any
revenues that exceed these expenses are transferred to the South Florida
Water Management District to fund environmental projects designed to
restore the Florida Everglades.
o FS 338.26 was passed by demonstrating construction was a factor creating
a negative impact on Everglades
o Florida Bay and our National Marine Sanctuary are an integral extension of
the Everglades ecosystem
'Y Florida Statue 334.30 created in May 2009 was designed to allow for the
privatization of Alligator Alley tolls and certain other public assets. If
privatized, revenues generated would not be limited to roadwork/highway
funding. The door for non-restrictive use of toll funds has been opened.
. Because U.S. 1 is a Federal highway managed and maintained by the State, we
would need to work with the Federal government to allow funds to be used for
our intended purpose. U.S. 1 would not be the first Federal highway, however,
where tolls collected could be used for projects other than road infrastructure.
. The Keys has a compelling argument for allowing tolls to be used for our
wastewater projects:
'Y The Keys are a of national importance and value from military, strategic,
economic and environmental perspectives.
'Y Monroe County is under a State mandate that is an outgrowth of the Federal
Clean Water Act to meet specific wastewater treatment standards.
'Y The billion dollar cost to meet these standards creates an extreme economic
hardship for the 75,000 residents of the Keys.
'Y State and Federal support has not been sufficient to fund wastewater projects
particularly for the most remote and problematic areas of the Keys, and given
the current economic climate, such support is not likely to be forthcoming.
10 QUESTIONS $ ANSWERS 3 of 5
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
3. How will we pay for it and will it make enough money?
. There may be several ways to pay for the construction of a toll, including financing,
bonding, public/private partnership. (see attached Private/Public Business Model
article from "Governing," 08/2009 under FUNDING section)
. The revenue raised will depend on many variables (construction, operational and
maintenance costs, variable rates based on residency, commercial vs. recreational,
holiday fares, etc.). To date, the highest toll in the state is $6 for Sanibel. For a
point of comparison, if we use Sanibal's rate and assume that all vehicles would
pay the same fare, using current FDOT traffic estimates, a $6 fare would gross over
$23 million annually. Because that single $6 fare essentially covers the cost for the
following 100 miles (one-way) on US1, even at $6/vehicle southbound, the Keys
would have the lowest toll per-mile in Florida.
4. Where will the toll plaza go?
. This will have to be determined by FDOT with significant input from the County.
5. Won't the toll create a lot of congestion?
. That depends in part on where it is located. There may be a location that will
allow for up to three southbound lanes.
. All Electronic Toll Collection (AETC) systems such as SunPass, EZPass and even
optical scanners are eliminating the need for traffic to stop at tollbooths. By the
time a tollbooth is erected, even newer technology may be available to eliminate
congestion and the need to stop.
. Many rental cars from MIA now come equipped with a SunPass.
6. I live here (or I work here). Do I have to pay full price?
. This is yet to be determined. However, there are options that can allow for
variable pricing based on things like residency, job location, commuter status,
holidays, etc.
'Y Reduced rate passes could be purchased in Monroe County.
'Y AETC could electronically charge different rates based on certain vehicle
information.
10 QUESTIONS $ ANSWERS 4 of 5
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
7. Does the public support this?
. A Key West Citizen Editorial (8/21) (3/09) recently endorsed a toll rather than an
increase in taxes (See HISTORY section)
. We have received some unsolicited input in favor of a toll.
. Public input would have to be sought out before establishment of a toll.
. All Keys constituencies would have to be consulted to determine the level of
support including municipalities, business organizations, environmental groups,
residents, etc.
8. The majority of the 18-mile Stretch is in Dade County. Will they go for this?
. The southern 5-6 miles of the Stretch are in Monroe County. The State of Florida,
through FDOT, "owns" the roadway. We should seek to garner support from all
involved counties, acknowledging that water knows no County boundaries, and
the Keys are part of the Everglades Ecosystem.
9. We've just received All American Road Designation. Will a toll be a problem?
. Research to date has not revealed any conflict between collecting a toll and
retaining the designation, but this would have to be investigated further.
. Between the designation and the fact that there are more protected lands and
waters in Monroe County than in any other county in America, there could be a
great perceived value in a toll for the road that takes drivers to an unparalleled
environment.
10. Will the revenue fund only unincorporated Monroe projects?
. As previously stated, water knows no political boundaries. It is in the best interest
of all Keys residents to protect the quality of our water.
. Revenues would have to be shared in an equitable manner among all parties
striving to meet the AWT standards.
10 QUESTIONS $ ANSWERS 5 of 5
Keys News Archive Search
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10f3
New challenges, direction in village - 12/26/2007
5iKk to 5e(lrrhR<;SlJlt5
By Robert Silk
Free Press Staff
In Islamorada, 2008 could start with a bang.
But as the year progresses, the village will once again grapple with
familiar issues like sewers and tightening budgets, local leaders say.
Meanwhile, growing crime rates are likely to persist, according to the
village's chief law enforcement officer.
Capt. Don Fanelli of Islamorada says the slowing economy, heavy
home building in south Miami-Dade County and decreasing home
prices there have contributed to the recent uptick in crime, which
manifested itself prominently in Islamorada recently with a duo of
robbery-arsons and an attempted homicide at Coconut Cove Resort.
Fanelli said the changes in Dade will likely continue to bring more
day-trippers to the area and that means more crime.
"If you look at our statistics, a lot of our arrests are Miami-Dade
people," he said.
Tightening law enforcement budgets will make combatting any crime
surge difficult. he added.
But the news for the village is far from all bad as 2008 gets under
way.
Starting on New Year's Day, viewers from around the county will be
learning about Islamorada through the Home & Garden Television
Dream Home sweepstakes. The Dream Home, located within The
Shore development on Plantation Key, will also be open for visits
from Jan. 3 until March 2.
Officials expect thousands to walk through the home's doors, and
hope that the traffic will be a bonanza for local merchants.
"I feel that the HGTV Dream Home will probably be the biggest boon
for Islamorada in 2008," Islamorada Chamber of Commerce
President Vicki Walker said.
January, or maybe February, will also likely bring the next round of
discussion over the future of the Florida Bay fishing grounds,
Everglades National Park Superintendent Dan Kimball has hinted.
Last summer, park ofticials returned to the drawing board after a
series of draft proposals that would have decreased power boaters'
access to the bay was met with a grass-roots backlash from anglers
across South Florida.
Local angler Sandy Moret predicts that when the new plans are
released, the so-called Alternative E, which emphasizes boater
education in congruence with maintaining boater access, will tlgure
December 29, 2009
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all in our
gJJic:Je..to
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"W:im"."~J." .~. ~.'~'l5I
It doesn't get any
better than this
Watch the sunset from
Mallory Square, even if
you are stuck in
Wisconsin. Or enjoy a
virtual Margarita at Sloppy
Joe's.
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Ch"l'k out the Photo
Gallery Weekly for
Sew Key5 Phola5!
Click here to V,ewPhotos
12/29/20092:53 PM
F~h;t;,;Vi:is f SANIBEL
~
Visitation Growth Winter Spring/Summer Fall Annual
1985 646,196 253,628 214,624 1,114,448
1986 673,564 267,794 243,911 1,185,269
1987 821,702 368,804 346,833 1,537,339
1988 793,233 385,825 294,533 1,473,591
1989 800,736 390,827 309,991 1,501,554
1990 827,693 403,150 316,216 1,547,059
1991 823,210 388,048 308,768 1,520,026
1992 808,782 395,191 329,106 1,533,079
1993 852,772 412,973 333,280 1,599,025
1994 871,277 409,196 341,653 1,622,126
1995 911,827 422,779 336,869 1,671,475
1996 934,692 432,864 347,534 1,715,090
-----
1997 973,805 452,075 356,342 1,782,222
1998 978,773 462,325 361,474 1,802,572
1999 1,003,395 487,135 375,593 1,866,123
2000 1,039,403 520,043 386,708 1,946,154
2001 1,074,689 522,870 365,012 1,962,571
2002 1,044,811 519,337 387,298 1,951,446
.................................................... .....u.........n..___.....__._.......
~ 2003 1,043,935 553,649 404,244 2,001,828
............................... .m....__................. I<
2004 1,109,156 536,119 381,646 2,026,921
2005 1,082,171 560,619 398,750 2,047,540
% Li 1985-2005 + 67.5% + 123.4% + 85.8% + 83.7%
?1< jrU tLrxs ~.C'./ r $i,ooh J'- ,00
.....
Research Data Services, Inc.
February 23,
2006
Copyright 2006. All Rights Reserved,
APPENDIX 2 of 26
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Tolling USl / Monroe County
CONTACTS
-
SOUTH FLORIDA WATER MGMT DISTRICT
Tom Genovese
Director of the FK Service Center for South Florida Water Mgmt District
Office: 305-453-1275
Cell: 305-797-2923
tgenove@sfwmd.gov
Ernie Barnett
State Liaison / Office of Policy & Legislation
(561) 682-2110
ebarnett@sfwmd.gov
Center for Urban Transportation Research
University of South Florida,
Tampa, FL 33620
~
International Bridee. Tunnel. and Turnpike Association OBTIA)
Florida Dept of Transportation
Alice N. Bravo
District Six Director of Transportation Systems Development
(305) 470-5464
FDOT Contact (District 6)
Barbara Culhane
Environmental Mgmt
Barbara.cu Ihane@dot.state.fl.us
Office: 305-470-5231
Cell: 305-793-4692
Pers cell: 305-342-0763
Federal Hiehwav Administration. Office of Operation
Tolling and Pricing Team (may only be involved if Federal Aid?)
--
APPENDIX 24 of 26
(OU((llfto HU~l!
AELO OffiCE
~ /~: ->- i,o:rl. ,
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t "'r..' t. l]' ~ - r'(l f1 !('t r:~ 1i
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---
Alice N. Bravo, P.E.
FDOT District Six Director of Transportation Systems Development
Alice Bravo was appointed District Six Director of Transportation
Systems Development for the Florida Department of Transportation on
March 23, 2007. She is responsible for all production aspects of the
District including all Planning, Public Transportation, Environmental
Management, Design and Right of Way activities. Ms. Bravo has been
with the Florida Department of Transportation since August 2003 when
she joined as District Planning and Environmental Management
Engineer.
Ms, Bravo's professional career began at PBS&J in 1991 as a bridge
designer and highway engineer responsible for developing concepts
and highway geometry. A year later in 1992, she earned her Bachelor
of Science Degree in Civil Engineering from the University of Miami in
Coral Gables, Florida. Ms. Bravo went on to earn a Master of Business Administration Degree from Florida
International University in 1996.
~
In 1997, Ms. Bravo joined Gannett Fleming, Inc. a national top 50 ENR firm focusing on transportation and
environmental engineering. Upon her departure from Gannett Fleming in 2003, she was a Vice-President
and served as the Regional Manager for South Florida and Puerto Rico overseeing over 30 professionals.
An active member of her professional community, Ms. Bravo served as President of the Miami-Dade Branch
of the American Society of Civil Engineers during the 1999-2000 term and also served as Branch Director.
She also had the honor of being asked to join the University of Miami, Civil, Architectural and Environmental
Engineering Department Industrial Advisory Board and in 2004 became Chair of the Board. In 2007, Ms.
Bravo was named as a Board Member of the Girl Scout Council of Tropical Florida.
Ms. Bravo is a licensed Professional Engineer in Florida since 1997 and in Puerto Rico since 2000.
'--
APPENDIX 25 of 26
FOOT: ~istrict VI Construction
-
Offices:
Construction
--
Contracts Administration
OTHER FOOT WEBSITES:
95 Express
Port of Miami Tunnel
1-75 PD & E
US 1 / Overseas Highway
Rehabilitation Design
Project
T~nt~lve
Five Yor Plan for
M"ml-Dad~
County
~
] of3
http://www.fdotmiamidade.coml
Home
Offices
Helpful Links
Contact Us
En Espanol
FOOT District 6
Welcome to the Florida Department of Transportation's District 6 Internet Site. District 6 is
responsible for planning, designing, building and maintaining all State-owned roadways and bridges
in Miami-Dade and Monroe counties. Whether you are a resident, business operator or a visitor, you
can count on us to help you travel through the District.
We are pleased to provide our customers with this valuable tool. Here you can learn about projects
that will benefit you, your community and the future transportation needs of the District.
The FOOT District 6 Leadership Team
Gus Pego, P.E., District Secretary
Debora Rivera, P.E., District Director of Transportation Operations
Alice Bravo, P.E. District Director of Transportation Systems Development
Gary Donn, P.E., District Director of Transportation Support & Miami Intermodal Center (MIC)
Program
Alicia Trujillo, District General Counsel
Maribel Lena, District Public Information Officer
Vision Statement:
Serving the people of Florida by delivering a transportation system that is fatality and
congestion free.
Mission Statement:
The Department will provide a safe transportation system that ensures the mobility of people and
goods, enhances economic prosperity and preserves the quality of our environment and
communities.
APPENDIX 26 of 26
8/18/20093: 13 PM
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
1. Will a toll road negatively affect tourism?
· Statistics from other set-fee toll roads/bridges indicate no negative impact on
tourism
Sanibellsland: (FDOT numbers (200S) indicate Sanibellsland's daily bridge
traffic is 80% of Florida Keys' southbound traffic on 1S-mile stretch and Card
Sound Road combined.)
~ Current Sanibellsland bridge toll is $6.00
~ In 2004, the toll was raised from $3.00 to $6.00. Tourism numbers
increased by 1% in 2004 and 2005 in spite of heavy hurricane seasons and
increased toll. (See Appendix)
~ A February 2006 study by Research Data Services, Inc. indicated 3.4% of
tourists in Sanibel disliked the high bridge toll to Sanibel however; it did not
stop them from visiting and did not affect rationale for trip not matching
expectations. (See Appendix)
Orlando: Statistics cannot be readily obtained without becoming a member of
industry associations, etc. However, as a constituent stated - tolls haven't
held people back from visiting Mickey Mousel
· Florida Keys Day trippers
~ There isn't very much data on day trippers into the Florida Keys. The TDC is
currently working with NOAA on an updated study that will provide new
information on day-trippers. The study, scheduled to be completed in
February 2010, will include expenditures and what day-trippers' interests are
while here.
~ The TDC and individual DACs have chosen not to direct market to day-trippers.
~ The day-tripper discussion will be included on upcoming DAC agendas
~ Some law enforcement officials suggest that day-trippers could contribute to
crime in the Keys.
o Capt. Don Fanelli of Islamorada says the slowing economy, heavy home
building in south Miami-Dade County, and decreasing home prices there
have contributed to the recent uptick in crime, which manifested itself
prominently in Islamorada recently with a duo of robbery-arsons and an
attempted homicide at Coconut Cove Resort.
12/26/2007 Free Press (See Appendix)
o Fanelli said the changes in Dade will likely continue to bring more day-
trippers to the area and that means more crime. "lfyou look at our
statistics, a lot of our arrests are Miami-Dade people'" he said.
12/26/2007 Free Press (See Appendix)
~ Some suggest that many day-trippers often come to the Keys without
spending much to benefit our local economy, but taxing our infrastructure
and causing congestion nonetheless. A toll may help offset potential negative
impacts of day-trippers.
, /?o;rO
--rY)~~
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
~ The potential impact (both positive and negative) on day-trippers will have to
be further investigated.
· This aspect will have to be investigated further. However, it seems likely that the
value of a visit to the Keys would far outweigh any sticker shock for a toll. If a toll
is paid at MM104, it is likely to be forgotten by MM 100 - and certainly by MM 92,
68, 54, 38, 33 or 5.
2. Is the use of funds limited to roads and bridges?
· Traditionally, revenues raised from tolls have been earmarked for road and bridge
infrastructure. There have been some state precedents that allow funds to be
used for non-transportation projects:
~ The revenues generated from the toll on Alligator Alley first go to cover the
cost of maintenance and repaying the bond that created the road. Any
revenues that exceed these expenses are transferred to the South Florida
Water Management District to fund environmental projects designed to
restore the Florida Everglades.
o FS 338.26 was passed by demonstrating construction was a factor creating
a negative impact on Everglades
o Florida Bay and our National Marine Sanctuary are an integral extension of
the Everglades ecosystem
~ Florida Statue 334.30 created in May 2009 was designed to allow for the
privatization of Alligator Alley tolls and certain other public assets. If
privatized, revenues generated would not be limited to roadwork/highway
funding. The door for non-restrictive use of toll funds has been opened.
· Because U.S. 1 is a Federal highway managed and maintained by the State, we
would need to work with the Federal government to allow funds to be used for
our intended purpose. U.S. 1 would not be the first Federal highway, however,
whE~re tolls collected could be used for projects other than road infrastructure.
· The Keys has a compelling argument for allowing tolls to be used for our
wastewater projects:
~ The Keys are a of national importance and value from military, strategic,
economic and environmental perspectives.
~ Monroe County is under a State mandate that is an outgrowth of the Federal
Clean Water Act to meet specific wastewater treatment standards.
~ The billion dollar cost to meet these standards creates an extreme economic
hardship for the 75,000 residents of the Keys.
~ State and Federal support has not been sufficient to fund wastewater projects
particularly for the most remote and problematic areas of the Keys, and given
the current economic climate, such support is not likely to be forthcoming.
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
3. How wHI we pay for it and will it make enough money?
· The!re may be several ways to pay for the construction of a toll} including financing}
bonding} public/private partnership. (see attached Private/Public Business Model
article from "Governing/} 08/2009 under FUNDING section)
· The! revenue raised will depend on many variables (construction} operational and
maiintenance costs} variable rates based on residency} commercial vs. recreational}
holiiday fares} etc.). To date} the highest toll in the state is $6 for Sanibel. For a
point of comparison} if we use Sanibal}s rate and assume that all vehicles would
pay the same fare} using current FOOT traffic estimates} a $6 fare would gross over
$23 million annually. Because that single $6 fare essentially covers the cost for the
folll::>wing 100 miles (one-way) on US1} even at $6/vehicle southbound} the Keys
would have the lowest toll per-mile in Florida.
4. Where will the toll plaza go?
· It is unlikely that there will be a /ltoll plaza.1I The trend in tolling is towards
sonlething called /lAETC}} (All Electronic Toll Collection)} also known as open road
tolliing. Instead of having to stop at a toll booth} drivers pass under archways
known as /ltoll gantriesJJ that use a combination of optical scanners and electronic
readers to either detect driver identity by reading a license plate and billing the
driver for tolls charged} or by reading a SunPass or other electronic device in the
car. It is not even certain that the road would have to be widened to
accommodate the toll gantry. Check out this video:
htt[;t:/ /www.floridasturnpike.com/all-
electronictolling/lmages/Turnpike HEFT AET 092309 med.wmv
· We would want the toll gantry to be within Monroe County limits} but the actual
location would be determined by FOOT and the County working together.
5. Won}t the toll create a lot of congestion?
· All Electronic Toll Collection (AETC) open road tolling systems use SunPass} EZPass
and optical scanners to eliminate the need for traffic to stop at tollbooths. In fact}
the Florida Turnpike Enterprise has mandated that all new tolls be open road with
no traditional staffed toll booth.
· Many rental cars from MIA now come equipped with a SunPass thus eliminating
any need for tourists to stop or slow down through a toll gantry.
6. I live he're (or I work here). Do I have to pay full price?
· This is yet to be determined. However} there are options that may allow for
variable pricing based on things like residency} job location} commuter status}
holidays} etc.
~ Reduced rate passes (ConchPasses?) could be purchased in Monroe County.
As with the SunPass} users would be charged a lower rate than those without
such a pass.
Tolling USl / Monroe County
10 QUESTIONS & ANSWERS
~ It might even be possible for AETC to electronically charge different rates
based on certain vehicle information.
7. Does the public support this?
· A Key West Citizen Editorial (8/21) (3/09) recently endorsed a toll rather than an
increase in taxes (See HISTORY section)
· We have received some unsolicited input in favor of a toll.
· Public input would have to be sought out before establishment of a toll.
· AlIlKeys constituencies would have to be consulted to determine the level of
support including municipalities, business organizations, environmental groups,
residents, etc.
8. The majority of the 18-mile Stretch is in Dade County. Will they go for this?
· The southern 5-6 miles of the Stretch are in Monroe County. The State of Florida,
through FOOT, 1I0wns" the roadway. We should seek to garner support from all
involved counties, acknowledging that water knows no County nor municipal
boundaries, and the Keys are part of the Everglades Ecosystem.
9. We've jjust received All American Road Designation. Will a toll be a problem?
· Research to date has not revealed any conflict between collecting a toll and
retaining the designation, but this would have to be investigated further.
· Between the designation and the fact that there are more protected lands and
waters in Monroe County than in any other county in America, there could be a
grE!at perceived value in a toll for the road that takes drivers to an unparalleled
environment.
10. Will thE~ revenue fund only unincorporated Monroe projects?
· As previously stated, water knows no political boundaries. It is in the best interest
of all Keys residents to protect the quality of our water.
· Revenues would have to be shared in an equitable manner among all parties
striving to meet the AWT standards and to improve our stormwater systems.
FLORrD..~'S'
~~ ~
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",~,~..'
E!\TEHPHISE
NEWS RELEASE
CHARLIE CRIST
Governor
STEPHANIE C. KOPELOUSOS
Secretary of Transportation
For Immediate Release
April 27, 2009
Contact:
Chad Huff or
Sonyha Rodriguez-rv1iller
954-975-4855
Florida's Turnpike Enterprise moves forward with all-electronic toll collection conversion projects
on the Turnpike's Homestead Extension in Miami-Dade County
FORT LAUDERDALE - The Florida Department of Transportation, Florida's Turnpike Enterprise (FTE), has
issued requests for proposals to solicit competitive bids and proposals for two design/build projects that will
convert the Hom(~stead Extension of Florida's Turnpike (S.R. 821) in Miami-Dade County into an all electronic
open-road tolling (ORT) facility by the end of2011, if not sooner. All electronic toll collection (AET)
eliminates the collection of cash and replaces it with an electronic alternative.
One project \vill revamp the Homestead and Bird Road mainline toll plazas, and the 17 ramp plazas located
between the U.S. 1 and S.R. 836 interchanges at an estimated cost of $43.1 million. The second project,
estimated at $36.3 million, will convert into AET facilities the Okeechobee and Miramar mainline toll plazas,
along with 14 ranap plazas located between the S.R. 836 and County Line Road interchanges.
FTE is looking to award the contracts in June and July, and plans to break ground in the fall.
The scope of the projects includes the fabrication and installation of SunPass gantries at each location, to
house the new toll collection equipment. Additional work consists of the removal of existing tollbooths and
structures, building modifications, roadway improvements, grading, drainage, and signing and pavement
markings.
All electronic: tolling is the most efficient way to collect tolls because it adds vehicle capacity at toll plazas
and roadways, while reducing the cost of collecting the tolls. It also enhances safety by eliminating conflicts
between motorists stopping to pay cash and those traveling at high speeds through the SunPass lanes. Benefits
to the environment are significant - lower vehicle emissions and reduced fuel consumption.
(more)
y2. ~ 0
--y'Y'l · 5"
Page 2
Florida's Turnpike Enterprise moves forward with all-electronic toll collection conversion projects ...
Florida's TUlnpike Enterprise is a leader in the worldwide toll industry and new technologies now allow
Florida's Turnpike to collect tolls electronically from customers with and without SunPass while providing a
safe, cost-effective and efficient transportation system for residents, businesses and visitors.
-30-
Legentfarg
KEY LARGO
Chamber of Commerce
106000 Overseas Highway. Key Largo. FL · 33037. 305/451-1414. Fax: 305/451-4726' keylargochamber.org
Resolution of the Key Largo Chamber of Commerce
Key Largo, Monroe County, Florida
January 2010
WHERE:AS many people who live and work in Key Largo frequently travel to and
from the mainland for business, pleasure, medical and other reasons; and
WHERE:AS many people from the mainland drive down to Key Largo just for a day;
and
WHERE:AS a $6 toll on U.S. 1 could add up to $1,500 per person to annual travel
expenSE~S of mainland employees who work in the Keys; and
WHERE:AS few, if any, Monroe County employers can afford to pay for the tolls for
their mainland employees; and
WHERE:AS it is unclear whether using a toll on U.S. 1 for wastewater projects is - or
ever would be - permissible; and
WHERE:AS a toll on U.S. 1 would take away the only free road accessing the Florida
Keys; and
WHERE:AS a number of communities in the Florida Keys already have advanced
wastewater treatment systems in place, or are in the process of completing such
systems; and
WHERE:AS 209 individuals responded to an online poll initiated by the Key Largo
ChambE~r of Commerce on this topic, and 700/0 of respondents said they were
opposed to a toll on U.S. 1;
NOW, 1rHEREFORE, BE IT RESOLVED that the Key Largo Chamber of Commerce
Board of Directors is opposed to placing a toll on U.S. 1 until such time as the
concerns of businesses and their employees can be resolved.
4 ~on: C ~irman ~f the Boar
Key LP~ 0 Chamber of Commerce
V
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. Jan. 20, 2010
Division: BOCC
Bulk Item: Yes
No XX
Department: Comm. Di Gennaro, District 4
Staff Contact Person: Tamara Lundstrom
(305 289-6000)
AGENDA ITEM WORDING: Approval to reappoint David Paul Horan to the Sheriff's Asset
Fine and Forfeiture (SAFF) Advisory Board.
ITEM BACKGROUND: Mr. Horan has served on the SAFF since it's inception in 2000. The
SAFF makes recommendations to the HOCC for annual assistance funding appropriations to
non-profit agencies and organizations from the SAFF fund.
PREVIOUS RELEVANT HOCC ACTION: In 2008, the HOCC amended the original
authorizing ordinance, approving Ord. #007-2008 to create term limits of two years for
subsequent appointments.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Monroe County Boards and Committees
Appointment Information
Board or Committee: Shared Asset Fine & Forfeiture (SAFF) Advisory Board
Commissioner Appointing Member: Mario Di Gennaro, macc Dishiet 4)
Name of Member:
David Paul Horan
Address:
608 Whitehead St.
Key West, FL 33040
Mailing Address:
Same
Phone Numbers:
Work: 305294-4585
Home: .:':.
Cell: *
Fax: 305 294-7822
E-mail: dph@horan-wallace.com
Date of Appointment:
January 20, 2010
Reappointment:
Yes
Date Term Expires:
January 20. 2012
Name of Person Being Replaced: N/ A
Fulfilling Term of:
N/A
Misc. Info: Mr. Horan has served on the SAFF since it's inception in 2000.
Rev. 3/18/09
MONROE COUNTY
BOARD/COMMITTEE:
Shared Asset Forfeiture Fund Advisory Board
Richard Casey, Jr.
Land Trust
Marathon, Florida 33050
Work) 743-5624 Cell) 923-9476
Home) 872-4878
ad m i n is tration@mkclt.orq
Appointed: 05/17/00
Term Expires: 01/16/2010
DISTRICT 1
l\Jicholas Mulick, Esq. DISTRICT 2
91645 Overseas Highway
Tavernier, Florida 33070
Work) 852-9292 Fax) 852-8880
nick@mulicklaw.com
lisa@mulicklaw.com (cc all correspondence)
Appointed: 05/17/00
Term Expires: 01/16/2010
Alexsandra Corsi Leto
Juvenile Justice Center
5503 College Road, #206
Key West, Florida 33040
Work) 292-3485 Home) 294-6023
corsila@keysso.net
Appointed: 05/17/00
Term Expires: 01/16/2010
DISTRICT 3
David Paul Horan, Esq.
608 Whitehead Street
Key West, Florida 33040
Work) 294-4585 Fax) 294-7822
dph@horan-wallace.com
Appointed: 05/17/00
Term Expires: 01/16/2010
DISTRICT 4
Bill Loewy
PO Box 421003
Summerland Key, FL 33042
Cell) 304-1522
loewybill@bellsouth.net
Appointed: 12/20/06
Reappointed: 12/17/08
Term Expires: 12/20/2010
DISTRICT 5
Mr. Lynn Mapes
345 13th Street
Key Colony Beach, FL 33051
Home) 743-2036 Fax) 743-9798
Imapes@msn.com
Appointed by: Sheriff Richard Roth
Appointed: 05/17/00
Term Expires: 01/16/2010
Peter Rosasco, CPA
25000 Overseas Highway
Summerland Key, FL 33042
Nominated by: Sheriff Robert Peryam
Appointed by: BOCC
Appointed: 3/18/09 (Fulfilling the term of Dr. David Rice)
Term Expires: 3/18/2010
Created: 5/17/00, Ordinance No. 030-2000. Terms had no expiration.
Board consists of seven (7) members appointed by the BOCC with:
one (1) nominated by each Commissioner and two (2) nominated by the Sheriff
Each member shall serve a two year term without limitation on the number of
consecutive terms served.
1/16/08, Ordinance No. 007-2008 Provided for two year terms with no limit on
consecutive terms served.
ORDINANCE NO. 007 - 2008
AN ORDINANCE CLARIFYING THE AUTHORITY FOR THE
APPOINTMENT OF MEMBERS TO THE MONROE COUNTY SHARED
ASSET FORFEITURE FUND ADVISORY BOARD; PROVIDING FOR
TERMS OF MEMBERS; PROVIDING FOR SEVERABn..ITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNlY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners, in Ordinance No. 30-
2000, established the Monroe County Shared Asset Forfeiture Fund Advisory Board (Board) for
the purpose of conducting public hearings and making recommendations to the Board of County
Commissioners regarding the expenditure of funds in the Sheriff's Shared Asset Forfeiture Fund
(SAFF) Account, as codified in Monroe County Code Section 2-601, et. Esq.; and
WHEREAS, the ordinance provided for two members of the Advisory Board to be
appointed by the Sheriff; and
wm:REAS, the Board of County Commissioners may not delegate their discretion to
make appointments to advisory boards without setting up an appointment process with such
detailed criteria as to remove discretion from the process; and
WHEREAS, it is deemed in the best interests of the public to clarify the authority for
appointment of members to the advisory board, and their terms of appointment; now therefore,
BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. Sec. 6-201(b), Monroe County Code is hereby amended to read as follows:
(b) The Board consists of seven (7) members appointed by the Board of County Commissioners
upon the following nominations: One (1) nominated by each County Commissioner and two (2)
nominated by the Sheriff. A vacancy shall be filled by nomination by the Commissioner for the
district, or the Sheriff, who made the previous appointment for the vacant seat. Each member
shall serve a two year tenn and may be reappointed without limitation on the number of
consecutive terms served. The Sheriff's General Counsel is the counsel to the Board, The
Sheriff shall furnish a secretary to the Board to keep the minutes and records of the Board. The
Sheriff is the custodian of the Board's records. The Board must annually elect a chairman and
vice-chairman. The Board may adopt such rules of procedure as it deems necessary and may
amend such rules from time to time. The Board members are not entitled to any compensation
for their service on the Board but are entitled to reimbursement for expenses pursuant to F.S. 9
] 12.061.
Section 2. This Ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office, as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the b.2-th day of January , 2008.
Mayor Charles "Sonny" McCoy Y..e.s
Mayor Pro Tern Mario DiGennaro Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
r ., .90mmissioner Dixie M.Spehar ~
, .'
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
By
Clerk
Mayor Ch 'rles "Charles: McCoy
Data
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SAFF Adv Bd Ordinance 2008
2
10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD-ON
Meeting Datle: Wed. Jan. 20'1 2010
Division: BOCC
Bulk Item: ~{es
No XX
Department: Comm. Di Gennaro'! District 4
Staff Contact Person: Tamara Lundstrom
(305 289-6000)
AGENDA I~rEM WORDING: Discussion regarding the outside legal counsel opinion requested
by the Boar<<l on the proposal to utilize the $1.8 Million impact fee road funds from the cancelled
Card Sound/90S curve project to repair and resurface existing roadways trenched during
wastewater lprojects.
ITEM BAC][(GROUND: The Card Sound/90S Curve project has been cancelled due to the
stretch improvements which have increased hurricane evacuation carrying capacity. Those
FDOT road funds are now available for use on other road projects. A group of Key Largo
residents ha~ve also requested the funds be utilized for a bike/pedestrian path segment on USl.
PREVIOUS RELEVANT BOCC ACTION:
CONTRAC1r/AGREEMENT CHANGES:
STAFF REC~OMMENDA TIONS:
TOTAL CO:ST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE ]lRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED, BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENrr A TION:
Included
Not Required_
AGENDAITEM#~
DISPOSITI()N:
Revised 2/05
(}
Lt!fIenaarg
KEY LARGO
Chamber of Commerce
106000 ()verseas Highway. Key Largo. FL. 33037. 305/451-1414. Fax: 305/451-4726. keylargochamber.org
Resolution of the Key Largo Chamber of Commerce
Key Largo, Monroe County, Florida
January 2010
WHERE:AS many county roads in Key Largo were constructed before new, more
stringent design standards were put in place; and
WHERE:AS those roads have, over the years, severely deteriorated; and
WHERE:AS construction of the state-mandated wastewater treatment system in Key
Largo has damaged already inadequate roads; and
WHERE:AS Monroe County government does not have the funding, now or for the
foreseeable future, to repave those neighborhood roads on its own; and
WHERE:AS the Key Largo Wastewater Treatment District has asked to partner with
Monroe County to fund upgrades of approximately 13 miles of substandard
residential roads; and
WHERE:AS Monroe County has approximately $1.8 million in Fair Share Impact Fees
designated to offset the impacts of development on roads; and
WHERE:AS improving our wastewater treatment options can certainly be considered
"development," and therefore eligible for impact fee funding;
WHERE:AS Key Largo Wastewater Treatment District is willing to contribute $2.2
million in road-patching funds to upgrade existing residential roads, bringing the
combinE~d total to $4 million; and
WHERE:AS there are this amount of money would repave and improve
approxirllately 13 miles of subpar roads, affecting about 3,000 homes in Key Largo,
housing many people who work at and own businesses in Key Largo; and
NOW, '-HEREFORE, BE IT RESOLVED that the Key Largo Chamber of Commerce -
while recognizing the value and worth of other proposed expenditures, such as a
bayside bike path and one along CR 905 - believes that funding constraints place
road up~~rades as a higher priority; we support combining Monroe County's
transportation/road impact fees with road-patching funds provided by the Key Largo
Wastewater Treatment District to bring substandard county roads up to current
design :riteria
y ~2.rson, Chairman of the Boa
Key (790 Chamber of Commerce
Y~b
~.CO
OF THlE 30 HOMEOWNERS SEEKING COMMERCIAL ELECTRICITY
There are only (11) full-time residents: (6) bought after 1996 and (2) built after the
Year 20110 Year Comprehensive Land Use Plan was adopted on January 04, 1996.
Only 4 full-time homeowners who lived on No Name Key prior to the adoption of
the Janll1ary 04, 1996 Comprehensive Plan and who may have expected electricity.
But, if t:bey did, it was NOT from Monroe County. They NEVER said Electricity
was CODling to No Name Key.
Owner's Name
Eaken
Brown
Fletcher
Newton
Bakke
Thomps.Jn
McClelland
Lentini
Hockberg
Vickrey
Sweet
Sale Date
Pre-1980
04-01-1989
06-01-1990
10-01-1988
11-01-1997
12-01-1994
06-26-2000
10-15-2001
10-24-2003
11-01-2006
08-21-2007
Additional Information
built 1988
built 1991
built 1994--97
built 1996--97
built 1999
Of the re:maining (19) seasonal-residents or 'occasionals':
Daniels
Craig
Pichell
Bone
Colemanl
Morris
Jeanneret
Ebner
Kamm
Benton
Elbualy
Appignarli
Sandroni
Sinclair
McCurd)T
Reynolds
Raser
Turkel
Licht
02-01-1972 built 1993
05-01-1978
04-01-1986
07-01-1990
07-01-1990 built 1991
08-01-1989 built 1992
03-01-1994
07-01-1995
06-01-1994 built 1996
12-02-2000
11-12-2003
05-21-2004 (Louja Realty)
04-15-2004
07-27-2004
08-18-2005 (Marginella LLC)
10-04-2005
03-30-2006
08-02-2007
12-01-2008
(10) bought after 1996.
Now living in Texas
Middlefield, OH
Miami, FL
Boynton Beach, FL
Coconut Creek, FL
Pompano Beach, FL
Switzerland
Westminster, CO
Oyster Bay, NY
Sopchoppy,FL
Lighthouse Point, FL
Boynton Beach, FL
Orlando, FL
Ellijay, GA
F airland, IN
Pinecrest, FL
Pottstown, P A
Pinecrest, FL
Boca Raton, FL
This Handout was prepared for the June 17, 2009 ROCe meeting in Marathon and was
updated)vr the January 20, 2010 Meeting, Agenda Item 0-3, Key West, Florida.