Item Q08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2011 (Key West) Department: County Attorney
Bulk Item: Yes X No Staff Contact: Suzanne Hutton # 3473
AGENDA ITEM WORDING: Approval to prepare and submit an Expression of Interest to the
Federal Highway Administration to set forth the County's interest in pursuing an agreement whereby a
toll could be placed on US 1 on Ivey Largo and a portion of the toll proceeds could be used for
wastewater and storm water.
ITEM BACKGROUND: In order to start a dialogue with the federal government about the
possibility of a toll on US 1, a portion of which would be designated to fund local government
wastewater and storm water projects, the interested agency needs to submit an expression of interest.
The BOCC has talked about various ways to generate revenue to help complete the projects since the
subsidization monies from the state and federal governments has not been disbursed as promised, and
their fiscal problems indicate that the funding will not be available in the foreseeable future. One
revenue idea discussed several times has been a toll on US 1 similar to the toll on Alligator Alley, a
portion of I-75, part of which toll is used for Everglades restoration.
(Blank form is in back-up for placement on agenda. As much completion as possible will be provided
for the revised agenda.)
PREVIOUS RELEVANT BOCC ACTION: Approval of resolution No. 118-1999, a copy of which
is in the agenda back-up.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: Staff time to 12regare 50 to 11.500 BUDGETED:Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMBIPurchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM #
R�,;Seca
U.S. Department of Transportation
Federal Highway Administration
Tolling and Pricing Opportunities
Expression of Interest
If you have any questions completing this form, please contact Patrick DeCorla-Souza at (202) 366-4076. Please complete
all applicable information and attach this request Via email to TollingandPricingTeam@a�,fhwa.dot. gav or via U.S. mail to:
Tolling and Pricing Team
Federal Highway Administration
Office of Innovative Program Delivery, Attn: Patrick DeCorla-Souza
1200 New Jersey Avenue, SE, Mail Stop E84-320
Washington, DC, 20590
Please copy your respective FHWA State Division Office
A) What is the requesting agency, authority, or public company? What is the lead office within the
requesting _agency, author , orprivate company?
Name(s).
Board of County Commissioners of Monroe County, Florida
Project Webs ite (if applicable) or Your AgencylCompany Website: i ii �c i-[ 1 e x i I i c re
http://monroecofl.virtualtownhall.net/Pages/*Mdex
B) Contact Information
Name: Suzanne A. Hutton
Title: County Attorney
Address: PO Box 1026, Key West, Fl. 33041-1026
Phone: (305)292-3470
E-mail: button-suzanne@monroecounty-fl.gov
0 What is the reauestin2 agencv seeking? (Please mark apnroorrate b
❑ Funding ONLY for this project or study (Federal authority already granted or not necessary).
Federal Tolling Authority ONLY for this project or study (no funds requested).
Funding AND tolling authority for this project or study.
Other, not listed.
Please briefly elaborate: Monroe County is seeking an agreement for tolling authority similar to that made
available under Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, on a section of Interstate
75 known as Alligator Alley, which allows a percentage of the toll revenues to be used for environmental
purposes.
D) Please provide a brief description of the tolling or pricing project or study. Please identify and describe the
subject facility or general area to be tolled, priced or studied (L e. name of project/study, location, length,
level oJservice, problem to be addressed, etG)7
Monroe County, Florida is comprised of two distinguishable segments, a mainland portion which is
encompassed almost entirely within the Everglades National Park, and the 120-mile island chain known as the
Florida Keys. State and federal interests in the county are evidenced by several national* and state** refuges,
parks and sanctuaries, and a substantial percentage of the land mass in public ownership for conservation
purposes. US Highway 1 is the common link between the majority of inhabited islands. It is desired to obtain
funds via a toll, and possibly three tolls as one travels down US 1 to the City of Key west, to finance projects
targeted by both the state and federal governments as important to the environment of national interest —
Page 1 of 4
Expression of Interest-FHwA Office of Operations
Version 1.0 12/05
U.S. Department of Transportation Tolling and Pricing Opportunities
Federal Highway Administration Expression of Interest
specifically wastewater and storm water projects to protect and improve the near -shore waters. Funds have been
authorized by both the state and federal governments to supplement local funding to achieve specific wastewater
treatment goals, but less than one-third of the combined state and federal monies authorized since the year 2000
have been appropriated and disbursed. Expectations of receipt of the remaining promised grant funds have been
extremely diminished by economic problems of all levels of government.
A study has established that approximately one-third of the residential property owners, many retirees on fixed
income or blue collar workers, would be economically burdened if their share of the infrastructure development
costs exceeds $4,5 00. Accordingly, most of the affected governmental entities have assessed system
development, capacity, or connection fees in the amounts of $4,500 to $6,000. Since the area of the
unincorporated county remaining to be sewered is the most rural of the areas identified in the Monroe County
Sanitary Master Plan, the costs attributable to the central wastewater project are much higher than those in areas
which have, for the most part, been addressed and are nearing completion or completed. The remaining area
probably contains a higher percentage of economically disadvantaged residents than the county population in
general. Areas which have finalized or are near completion of their wastewater projects still have storm water
work to do but have little if any funding opportunities available with which to address those projects.
The County has little realistic expectation that the promised state and federal monies authorized for wastewater
and storm water projects which remains to be appropriated will ever be made available. It is therefore desired to
pursue measures of self-help to generate revenue to supplement the projects remaining in order to be able to
complete the projects critical to environmental protection without imposing assessments which are both
oppressive and inequitable in light of assessments for prior projects which received federal and state grant funds.
*Florida Keys National Marine Sanctuary, National Key Deer Refuge, Crocodile Lake National Refuge, Great
White HeronNational wildlife Refuge, Key west National wildlife Refuge, Everglades National Park, Dry
Tortugas National Park. Of the 28 national refuges in the state of Florida, 4 are within Monroe County.
** Dagny Johnson Key Largo Hammock Botanical State Park, John Pennekamp Coral Reef State Park,
windley Key Fossil Reef Geological State Park, Lignumvitae Key Botanical State Park, Indian Key Historic
State Park, San Pedro Underwater Archaeological Preserve State Park, Long Key State Park, Curry Hammock
State Park, Bahia Honda State Park, Fort Zachary Taylor Historic State Park.
,U) Which type of -facility is proposed to be tolled or studied?
Interstate
t Non -Interstate
Project contains both types of facilities
4 project is not specific to any type of facil ity I 'ON 1)1 a i R
Does the toll proiect involve ANY construction?
`r No Yes (if so, please mark all that apply)
7
�._ New construction � J Expansion
HO V to HOT Conversion Other not listed.
ONot applicable
❑Rehabilitation O Reconstruction
Please briefly elaborate It is anticipated that if a toll is authorized, it will designate a portion of the revenue for
maintenance and reconstruction projects on US 1, and a portion would be designated for the wastewater/storm
water projects. The costs of constructing and operation the new technology of camera tolling would be
expected to be covered by the toll as well.
Page 2 of 4
Expression of Interest-FHWA Office of Operations
Version 1.0 12/05
U.S. Department of Transportation Tolling and Pricing opportunities
Federal Highway Administration Expression of Interest
O Does an HOV lanes currently exist on the acili ?
2No Z-7 Yes ONot applicable
H) What is the timetable to enact the tollinr or pricing nroiect or st
The County is mandated to complete its wastewater projects by December 31, 2015. The state legislature is in
session from March through the first week in May, and the County will be seeking legislation to authorize the
dual purpose uses of a toll on US I in Monroe County. Therefore, an agreement with the FHWA is desired to be
reached within that time frame, or certainly no later than December 2011, in order to get the state legislation in
the 2012 session in order to implement the camera tolling construction and operation to commence revenue
generation by October 1, 2012, and finalize the funding plan for the remaining wastewater project.
I) Are there expressions of support from public officials or the public? Have any public meetings been held?
If no public meetings or expressions of suppor! are available, please indicate the agency's plans for
ensuring adequate public involvement and seekinr public support for the toll proiect or studv.
Attached as Exhibit 1 is a copy of Resolution No. 118-1999 in support. Also attached are, as Exhibit 2, an
agenda item submitted by Commissioner Heather Carruthers to the Board of County Commissioners at its
January 20, 2010 meeting, and, as Exhibit 3, a copy of page 13 of the minutes of that meeting showing
discussion but no action to supplement or replace the prior resolution.
.n Where known (and if applicable), what is plan fo r implementing tolls or prices and the strategies to vary
toll rates or prices (Le.., the formulae_ for variable prici,
There has only been limited staff discussion beyond the initial discussions reflected in pages 3 through 5 of the
history segment of the 1/20/10 agenda item, as to the possibility of establishing more than one toll, so that those
people going only to locations within the first 20 or 30 miles would not have to pay as much as those people
using the entirety of US 1. As noted in the pages 3 through 5 of the history segment, the commission discussions
have ranged from $2 to $6, and took place at a time when technology that is available today was not available
and therefore costs of operating and maintaining toll booths were part of the discussion.
What is the reason(s) of'the toll
Q Financing construction
Q Reducing congestion
❑Improving air quality
, 4'Other not listed
ect or study? Please mark all that
Please briefly elaborate: Improving the quality of near shore waters, something which has already been
recognized as extremely important as evidenced by the re --construction of US I in an area between Florida City
and Ivey Largo known as the 18 Mile Stretch, in order to restore natural water flows.
Page 3 of 4
Expression of Interest-FHWA office of operations
Version 1.0 12/05
U.S. Department of Transportation Tolling and Pricing Opportunities
Federal Highway Administration f o Expression Interest
L) Please provide a description of the public and/or private agency that will be responsible for operation,
maintenance, and/or en orcement or the toll ro'ect or stud ?
It is anticipated that the Florida Department of Transportation, which currently has responsibility for the
maintenance and reconstruction projects on US 1 in Monroe County will remain the agency responsible for the
transportation projects and also be responsible toll operations, and the Florida Department of Revenue would be
the agency responsible for distributing the environmental share of the toll revenues to the county and
municipalities for their wastewater and storm water projects.
AV Please provide a description of how, fat all, any private entities are involved in the up -front costs, or will
share in ro ect Les onsibilities, debt retirement, or revenues?
An entity may be contracted pursuant to a competitive selection process to assist or develop the full tolling
project, if the state and federal authorities to pursue the project indicate that the concept has Viability. Further,
once tolling is established, any issuance of revenue bonds would probably be done almost entirely through
contracted agents.
Please provide any additional information you feel is necessa
This request is being pursued in order to enable the local governments to complete projects for which federal
and state funding have been authorized in recognition of the grave environmental concerns and the Value to the
state and nation of the unique environment of the Florida Keys and its many endangered and threatened species
of both animals and plant life, but only partially appropriated and disbursed.
Section 313(e) of P.L.104-59, National Highway Systems Act of 1995, provides:
(e) Collection of Tolls To Finance Certain Environmental Projects in
Florida. --Notwithstanding section 129(a) of title 23, United States
Code, on request of the Governor of the State of Florida, the Secretary
shall modify the agreement entered into with the transportation
department of the State under section 129(a)(3) of such title 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.
Page 4 of 4
Expression of Interest-FHWA Office of Operations
Version 1.0 12/05
EXHIBIT 1
RESOLUTION NO. 118-1999
Board of County Commissioners
RESOLUTION NO.118- 1999
A RESOLUTION OF THE MONRt)E
CO CO BOARD OF COUNTY
COMMISSIONERS IN SUPPORT OF THE CONC
EPT NCEPT
OF ESTABLISHIN12 A O
"TRANSPORTATION TOLL ON c�
U.S. 1 TO ASSIST IN FUND&G x,
�
.....
r—
IMPLEMENTATION OF THE MONROE C �'=
YEAR 201 o COMP
rn
PLANCOUNTY I�
POLICY 101.2.13
v
IV "• 0 �
YEAR WORK PLAN) vc;
CDE
WHEREAS, an incredible r
ariety of state and national resources are contane
boundaries of Monroe
M
• County, represented in numerous aquatic reserve n
wildlife refuges, state an P � o
. g � d national parks, national marine sanctuaries
es and thousands
�
�v
d
acres of wilderness designated °
gn ted 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 • gn ted an Area of Critical State Concern and
has developed a comprehensive to '
plan accomplish
. P o�npllsh unique land use goals such as water
quality and land acquisition; and
WHEREAS, while Monroe County welcomes • . tY s the seasonal tourist population to the K
the Commission desires that the contribute tow Keys,
Y and
alleviating their impacts; and
WHEREAS, many of the visitors to the Florida utilize
nda 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
deliberating the successful adoption of a co p � g
and ado P comprehensive land
reconcileuse plan intended to
the outstanding issues which continue to threw •
and ten the vitality of these recourses;
WHEREAS, Monroe County is concerned about' the quality of water, the need for land
acquisition, the availability of affordable housing,availability
0 ortuniti and the availability of recreational
Pp es for residents; and
wHEREAS, Policy 101.2,13, the Five Year Work•
agencies, Ply, identifies the actions, res visible
g ies, and timetable with which those agreed u p
includin land acquisition,p°n actions must be implemented,
g wastewater improvements, and stormwater
management; and
WHEREAS, Policy 4 commits Monroe County, with the assistance of the Z]epartment
Communityof
Affairs, to report to the Legislature the full fiscal cost of implementing the
Plan, the state and loc
al shares of such implementation, and recommendations•
initiatives and alternatives for ' for funding
implementation; and
WHEREAS, Policy 1 of the Monroe Coup Year 2010 Comprehensive . • County prehensive Plan recognizes
that implementation of this plan will require funding which
b � g hxch exceeds the reasonable
budgetary constraints of Monroe County, and that as an e Critical . tY 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 '
financial ass' g P without substantial
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 Coun •
ty, and
WHEREAS, Monroe County is pursuin local funding initiatives . f� g g trues as well as creative
cling partnerships to assure successful implementation; and
P ,
WHEREAS, a non -transportation toll on U.S. I has been identifie
d both now and in past
discussions as a possible source of fundingfor such comprehensive •
and P ensive plan implementation;
WHEREAS, tolls have been established in other areas to
assist with non -transportation
costs associated with secondary effects of transportation impacts including
AlleytollFlorida, P p including the Alligator
I adopted by the FloriLegislature in the Everglades F
United States Con g Forever Act and by the
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 Cou
nty 2010 Comprehensive Plan
and especially identifying the steps necessary to protect •
. �'y p and Improve water quality and
protection of the environment; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY
MON COMMISSIONERS OF
ROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Board of County Commissioners desires res to continue the
implementation of the esi
Monroe County 20 10 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 Coup Commissioners
implementation County mmissioners supports the
im
p on of a toll on 1 in Monroe County for the purpose of providing
financial resources for P� P oviding needed
such implementation, including fundin for such activities
support for publicly issued bonds g es as
• y , support for direct cost of activities, and support for
prelinunary expenses leading to the implementation PPo
p on of the Comprehensive Plan.
N
Section 3, The Monroe County Board of County Commissioners m�russloners supports the
implementation of a toll on U.S. I in Monroe Coup for County o such purposes as wastewater
treatment facilities, stormwater management, roe acquisition,
P P rtY 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 CountyCo •
Coup Commissioners of Monroe
County, Florida,aat a special meeting of said Board held on the 24th day of March, 1999.
Mayor Wilhelmina Harvey
Mayor Pro Tem. Shirley Freeman
Commissioner George Neugent
C.ommissioner Mary Kay Reich
ommissioner Nora Williams
EAL)
:test: DANNY L. KOLHAGE
Clerk
Yes
Yes
Yes
No
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By —Ps a A
I& 4
#5% &
By
---
Depu Cle Mayor/Chairman
'4ND���fD
B �FGAI AS
pqr� �B Rt ly W
t]
EXHIBIT 2
AGENDA ITEM M-5
From
January 20, 2010 Meeting of
Board of County Commissioners
Of
Monroe County, Florida
r
Mayor Pro Tern Heather Carruthers
Commission District 3, Monroe County, Florida
January2010
Tolling US1
Monroe County
M atecu m be Key 1938
Tolling US 1 /Monroe County
TABLE of CONTENTS
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
Generated from the office of Mayor Pro Tem Heather Carruthers 01/01/2010
Tolling US1 /Monroe County
EXECUTIVE SUMMARY
M atecu m be Key 1938
Tolling US1 /Monroe County
EXECUTIVE SUMMARY
PR(W)SAL
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.
RATInNALF
• 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 (SunPass, 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 may or may not be successful.
➢ It is unknown whether or not voters will support an additional penny sales tax.
➢ Sales tax revenues alone may not be sufficient to fund wastewater projects.
➢ If passed, the sales tax rate in Monroe County would be higher than that of New York City.
EXECUTIVE SUMMARY 2 of 5
Tolling US1 /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
0 "Proposed 18-mile Stretch toll must bring in at least $15m annually," says Neugent
0 Proposal included resident pass, employee pass, weekend surcharge (Neugent)
# based on average of 8-12,000 cars travelling over the Stretch each day
a Majority of Stretch exists in Dade County (bottom 5-6 miles in Monroe County)
0 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 US1 /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 of funds (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 $1.5m 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 US1 /Monroe County
EXECUTIVE SUMMARY
FUNDING OPTIONS (See section 4)
US1 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.C.) 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 US1 /Monroe County
HISTORY
M atecu m be Key 1938
Tolling US1 /Monroe County
HISTORICAL PERSPECTIVE
There have been two times in Florida Keys' history that a toll was collected along the Overseas
Highway.
1927: 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.
1928 Designated State Road 4A (now Monroe County Road 905)
1930: 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
1932: Monroe County had already indebted itself to the hilt so the Overseas Highway
Bridge Corporation (OHBQ for the creation of a toll road was formed. Monies were
borrowed, once paid the highway would be deeded to Monroe County.
1934: The OHBC was dissolved and reorganized as the Overseas Road and Toll Bridge
District (OR&TBD)
1938: After the 1935 Hurricane, a toll was constructed and placed in Big Pine Key (near
Catholic Church). Matecumbe 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.
1944: 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.
1947: 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.
1954: 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 US1 /Monroe County
HISTORICAL PERSPECTIVE
1955: Asuper-highway was proposed. It was a $200 million project with six lanes to
I<L, 4 lanes to Marathon and 2 lanes to KW. It too was to be a toll road.
RECENT TOLLBOOTH INITIATIVES AND CONVERSATIONS
03/1999:
0 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 US1
"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:
0 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
0 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
0 Sorensen wanted talks delayed until definite numbers for how much sewage solutions
will 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 US1 /Monroe County
HISTORICAL PERSPECTIVE
2/2000:
• Meeting with Neugent, KW MayorJ. 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
paying $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
• "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 US11 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
• "US1 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 US1 /Monroe County
HISTORICAL PERSPECTIVE
3/2009:
0 "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 US1 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."
0 "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
Schreck-Carol
q-
grom., TEBEEMANSR@aol.com
rat: Wednesday, October 07, 2009 7:07 PM
Iftrol: Wigington-Kim; Marble -Terri; BOCCIDIS3; BOCCIDIS4; BOCCDIS5
Subject: TOLLING THE KEYS
s eVted ofMials represcithwerit.
I zelis oTTFFr- I on'da Keys, pl ease take this to Rep Ron S aunders aiid
rongesswoman fleana Ros Lehfinen who are also elected officials representing us,, I know you cant do thirs by
yourself. But as a, team you can. I feel, that Gov Charlie Crist will listen to you as a team gro-up. After all it will
relieve the state of funds needed for the sewer project and many oIli things that are in demand. Lic we have
fseen, the Honorable Gov; Gist is a eery treat ive person. He will liseen. We as tax payers need to nd
rselves of this burden . And so do ymi- It �vlll create a stream ing revenue fund for all so that we can get those
uch needed 1 binge comp I eted. PI ease listen to our pleas . As a team group of seven I ]i ave cojifidence i n yo u.
Jarlo-Hope your procedure was successful and you are feeling better by now.
and: you!
I erry Beeman Sr
S;
11't get the email add ys for Ron & II, or I would of sent t hem i 1i I s a I So
0
OUR ELECTED OFFICIALS BOTH STATE AND COUNTS NEED,w GFF OFF THIER DUFF AND BE
110RE CREATIVE While the izovemnient is raniniing this sewer fiasco clown our throats and up your. other
Roilal, our elective politicos needed to greab flils bull by the horns long ago. This hook LIP charge is r1dictiles. It
Iuldii't be more that $3000of , ajid most us could pay 1I.The proposed fee of S4000. to $22,000. is, totally
'responsible. I'lie monthly fee shouldn'tbe more than your water. Think of it, they I)ay nothing for the water.
he charge to you 'is for maintenance ;-md overhead such as salaries. 'Fli's should b the see for the s
I e i ewer
Third World country's are al nost fi-ee and they are converting it to energy for profit, FKAA says they are going
to put a lien on your property. Think they will subordinate wlien you need to refinance. I. doubt diat. We need to
ve all our po I i t i co's to join forces with us. It takes $ 5. 00 to go around Mi ami.. Let's. p
tut a toll s(imewhere
wecn Monroe/Dade county I i ne and Key Largo. I know that the state says al I tO 11 S gO tO t I I L' highWay fund.
les are broken. Do you know the state is pondering leasing Alligator Alley(75) to Naples to pdv'ate
terprise? Ws make the state an offer they cant refuse to benefit both them and us. Charge $5.00 to visit our
ut i ful, Florida Keys. B cal s the hell o u t of die view going aro u nd M 1 am I . Float C) bond on the anti, el pated
ellue getting enough to complete this project. After we re L
Pay this in several years, continue to collect this
Feeds,
those that 11ave already annied up ,Lmd other projects we know the -state cant help. This will gvt
a
and the State much need,ed streaming reventie. Lets all band together and wn'te our congresswoman Ely and
p Ron, plus CC BOCC- GoVL Charlie Cn'st is a creative guy. He and Comin. Mario DiGennaro are very close
ends, time for Miaflo to spend that chip. Lets all get on this bandwagon -or most of us wom be here in a few
years.
JjEW Beeman Sr Sugarloaf Key, F1
T11e riosults of this submission may be viewed at. http-.//keysnews.com)node/8049/subniissiorl/336k)
HISTORY 6 of 18
Keys News Archive Search
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V I A )R I I )A TK L )1 14
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e s ews,,com
The Florida Keys Only Dalty Onjime News
-0—
J une 8, 2009
C.urr�ent $tpties
Bad tiwimg- for gas is),, I Put re ca ns 1 de ra c u 11 0 3/2 5/2009
Mile Ala&rg
Back Re5uk!s
Crww Report
ig-Search
The Monroe CouwY Coumission has been wresfling with dw idea of
rairilng ihe tax on &ruohm- to hind mucli-riccded re pairs on the
itorials
�otvnty's 128 bridges and 389 61cs of reads. Last w�ck, the
Comment
COTIUMSSIOR decided not io raise the tax.. 11. also decided not to share
i
Litters
the Ebel tax revenw with the mtlnicipaJI des of Layton. Marathon and
Cifizen's Volce
131 a rwrada, as i t has for seve ral years.
'Ll'he big problem widi the tax on gasoline, no mtter how i(Is divided,
+
is that heel tax revenues are decreasing. Gasoline usa,p is on its way
To4ly in Spgrls
down. Global waming, dinum.0ing supplies of oil, dependence on
Scores & M2[e
oil from fltc Middle Last are serious factors driving. Es reduced
From 5-star
Consumption- More of cient automobiles, afternatc cnergy sources
resorts to
and driving practices to corsme fuel also are becomlog more
scenic camp
Tft week
pqr"em-
ground,
Columns
Du;� to dx�- reduc-ed revenue stream from fiiel taxes, states, cliles wid
you'll find it
all in our
Tech Talk
(1K federal gov-cmment are looldng for ways to derive money to
9 icle
&Z Din ectoq
fi
rnainiain varuportaon infrastructure fain use, rather
-LQ
Real Estate Net
l me consurrption.
Th s brings us to are idea that has been ralsed malty 11=5 over the
Mrs, but never seriously purswd -- place a toll to on US, I at dw
It doesn't get any
Vest -lei ,
ewa=<: to the Florida Keys.
befter than this
HQme-
KL40S
Of courm doing so would be pal i-lically difficu% and it could not
Watch the sunset from
Mal[ory Square, 'erVen If
Qg1mm
happen w 1 thout Je9l sl alive action. Trad 1 ti anal I y, Toad iol I never has has
you are stuck i'n
been used cxclusively on transportation infrasirtwture, but applying
Wisconsin. Or enjoy a
that -revenue to conivy roads and bridges COLdd he probleumt1c. Bug
Fealures
we believe a precedent was set with Alliplor Alley -- a section
I r of
virtual Margarfta at Sbppy
Columns
Interstale 75 -- Miere [he Lepslaittri� enabled USe 01'1011 revmuc for
. infrasmNlure
Joe's.
Ch*ck ow oa web
noll-Ir-alliporta I
, t1ol I Purposes, Clearly. die impact of
Kfts
NW
rnillions of tourists per year on Lhe Florida Kcyr!, pray -des a strong
C
argtunent for an limpact-rel -,LltL:ii tol 1. whi ch might a] so be wq,�,J offsel
VWW-Pholo
dye cost of wastewater projects and other InkasIFUCILyre.
Some have eVresse d fear dmta toll WLea L[d have a negative inWo on
i
tourl-sm- We di ffer wl Ji that v 1 e w CmLsi der ftt there now I s a $6 to] I
on Sa=ibel Causeway to v i s I t dia I I sl m kd tourist desti nation- Cross 1 ng
Er'dertainme
the rel a� ve I y shoil RI c kenbac U r CaLISM a�' lo Key B is cayne requi res
Chw-k out the Pbaw
Keys L if e
a S 1 -50 toll-
G%ttury Weekly For
N&w Krys Pbaftml
Flegalt
Food
In addluon ter just.0pog 11:�e use oftoll revenue. myriad other details
Click here lo 0&w Photos
Beal Esta
w oul d have to be wor W-d otit, i nc I udi ng a sp"I al :rate for Monroe
Co[mt y residents and conitntacm and finding. a site for dw amial loll
booth area that would cause -nil niminn o3wironmental cLymge.
D"Jh WjCeS
A Kcys loll would not be an. ease S011111OD' it would Teqfflire hard
work, pot ll�al skill and support front offi;6als al all levels of
man
sovernment- But 11 woidd. bq., a sustainable and use-basfzd T--iv
View clsifios
stmain th-A would boner serve d),c K-cys In thy} I ong term.
$yW la Mil 6g
— T11C Cl 6 7X-R
Ba!r% to Search Resu
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ey.snews.com
The Floddiii Ke" Only Dal ty Online News
Juna 9, 2009
Moto rise s ge ii ing f ry e pa-ss at toit booth 12/2012006
BAN=
Mile Marker
Back to Search Res uK5
Qrirne Report
Qg:k Inipre f&
BY STEVE GIBBS
F "r Day Fi?re-ca5 i
Free Press Staff
Epr77,
E
Corrrywrta
NORTH KEY LARGO For the POSL 22 days ear] y-moming
WhiCleS pas EIng thi� toll booth on Card Sound Road have not
� �
!
citizerys Vow
been charged the S I to] I
TM
As ro ad consmxd an on Ific 18- M1 Ic Stretch be ns to constri ci traffi c
Tqday in 52grtj
flow and as winier brings sea--sonal residews wtd workers to the
$cores More
Private Ocean RLxf Club, tmffic has intcmlfi c�d on the secondary
From 5-star
roadway I lx%kj ng, ific Keys to the rnai ni and.
resorts to
Accords ng to orm• 0 f the 15 tol I cot I c clors, traffic gel ng to aidn�FT ni
scenic camp
ground.
This week
Ocean Reef increases aflL,,r dfir-st week in November as wituer
YOU11 find A
Golumns
resi dents fi I I the gated conmival ty, Workc,-r!� arc noi al low cd io enier
all in our
Tech
tk- � I tib unil I after 8 a.m. during winter inonds.
guide t
Bix Directo
Estate Net
Tiv roccnt morril ng lo'arn of cars and trwks lias residted in County,Reai
Admi'm strator Torn Wi I I i ordering tol 1 takers Io al I ow al I south
velil c I -es Lbr000 at no �harge bed- cen 7- 45 aM 8.30 a. in
ft doesn't got any
"[Motarl!5ts] hav-c backed all the way up to the Maml-Dade County
better than this
I i ne. " W1 I 11 sal d. "Wc Mve pi cked a spoi on the road and wben traffl-c
Kudos
backs up to that p-oi m w-c rel case die tol Is
Watch the sunset from
C0.1prnns
Mallory Square. even If
Cal I ers to the Free Press have askod why dhey must pay the tot I when
you are stuck in
they head north 1 n the inerning w1u- I c soLdhbound traffl c fl ow 3 ihrcuo
Wmconsin. Or en)oy a
W) th a Ut pay) 17%, -
virtu Marga-rita at Sloppy
Fealyre
Joe's.
C-oI um ns
Accordi ng to Wi I I i. Joe. MecW I ion, direc ior of Roads and Bri dges for
Check oLA W Keys Web
h1w
the Monroc County Public Works Diepaftment, has esili-nated Lhe loss
cam.
2.
of revenuc at $3.800 to date, which means an average of 190
molorisis are allowed flirauo each day withuut paying.
VI-ew PboWs
A toil booth worker, who asked to remain ano-manous, estimated as
MUM■
rr=v as 1,000 vehicles a day are passing ftoij i wlthoui cKarge
during the- corning and afternoon rush hours.
Enter tainM
KM Life
At S I per vel�cle, die -c-ourity coW d be Iasi ng rn"h ni*ro thari Ix-
figxre dxno
Checkout th ti PhKoto
Gallery . My br
Ar.
XUys
Heafth
cited. a percentage of those being waved ftaugb are
Now pbaftw
Food
workers wILh pre -paid passc5,
Click hem to Vow Plhatos
Real Egal
Wi I I i lei d tti� Free Noy ,s thai he d i d not dik nk Iol I s we re bei ng I i fled
for northbound rush hour Ira Mc lie also pig ;nted out the loss. of
revenue was not as egrepoLLs as 31 may appear.
!Mth Notion
"We have an agrecawnt with ift Florida IX!partriwnt of
TmrispaTtailion) to reel ai rn I osi re venue}" Wi I I i saI4.
V jew Claissified
51pbbs@kcysiiews.com
Subrrit Clau-ified.Ad
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LocalL State &
Our Li[story
Pair Staff
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LOW DAVK LN S
-77W Flodda Keys -Only Daily Onfin* N*ws
K Z 1-11 �N, June 9, 2009
QU-11 rent —Ste r 1 es Night road work -continues - 04.1`05/2006
Mile Mark@r , Back to Sea rcrl. Resu ka
Crime Reports G--;ick hore fiz
NORTH K E Y LARGO — Cons tnx kon crews wi II continae wIll th night Fivy Day Pixecal
time work on County Road 905 acid Card Sound Road to install
EdRorials caTncra poles for I Florida Deparanm of Trainsportation's
Commentary InwillgrzntTransportadon System.
LOtter
s Nighttinrle lane closures cm 511 alternate lanes arc scheduled for
Citizen's Vollo County Road 905 frorn 9 p.m. to 5.30 a -in. Monday, April 10.
Flagmen will bc prmnt to direct bode souihboiind and northbowid - ;TUAW
a LV � V traffic th3-ough the work- zorliL-
Today in 5jVrLs NEW
Card Sound Road wil I be completely shut down from 9 p.m. lo 5-30 From 5-st r
gres & More a.m. Tuesday and WedneWay, ApiI 11-12. Tbe lirmits of Lfic resorts to
shutdown are from. approA=tely six aules south of U.S I to Seen
Ic camp
This week apprONJ n1aWly IWO mt I CLS cast o f 0 ku Monroe County tol I bootl i- ground.
Coiurrlirts Flawn will be present to direct only emerpency vebicles and local yoUll find it
Tech T;Dtk traffic, wbich will have through access on Card Sound Road- All a 0 in our
Biz Directory ether traffi c w i I I be detoured as fol I aws, g Ude to
Real Estate Net NorthboLuid traffic wgiag-
Kim Traffic coming from south of Card Sound Road will be rouwd to It doesn't got any
LdesNks- County Road 905, continui ng on to Ke y Lx 6p a nd, then connec ting to
better than this
Kudos Watch the sunset from
Colu - southbotmj UI MallM Square, even if
ffic -I;:0n1il1g -kom north of U-S- I will K- rotaud to Key 14argo you are stuck in
Tra
I Wisconsin Or eq'oy a
coati nwing on to Cotvity Road 905 and then oosmecting io Card Sound virtual Margarita at Sloppy
Eatunes Road. Joe's-
Colum $ Clvck otA our Keys. Web
Motorists may exp r �unu�ald�elays�during dicsc c0ri5trucTio Ca
Variable rnessage sipis will be placed at various Imations to alert
1`11010d5tS.Or LJPC 01YU I)g lane closures and detours.
Yfi�y Photos
F Ors US system uses el e ctroni es and commmii c anon cqw'pmnt i n
I.An effort to improve traffic flow on Florida's major roads-
QgrnmeIrI C.oniponetits- indAe closed clircin't TV ewneras thai provide a live
EntertainI picture of read condidons, dynamic messaLpe :slpiF, that provide but thim Dhow
M0101I with information about potential traffic delays, evacuall 0T11 mkly iR)r
Kpys Ve
Heafth efforts and Amber Alcrts- sensors thal detect unexpected delays, and phmaz!
!n
E20 wireless tclAaolopi: that relays inforniation io FDars Transportation Click here Lo VFew Phut
Real Estal Managenwrit Cenicr.
For mrc information about lane clostires or fiIII ITS system, caraw
Carlos Sarud ento at (3 05) 4 99-24 10.,
Death Notices
Back to S"Mh-BZ5jA:s
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r
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—M-A R A T H ON I S L A hl 0 R A T) N KEY LARGO
November 3, 2009
Current Stories Monroe County looks for cash to buy conservation land - 05/19/2003
Mile Markers Uck to Search -Result
Crime Re:)orts Click here for
BY TRAMS )AL TRHTEN Five Day Forecast
Editorials keysnews.com W
CoplM gotary
Coriservation of the Florida Kc.ys natual lands coWd cost $60 million
Letters or more in comi ng years, and county conmissioners say the county
PW
Ckizen's Voice does not have the nwney. P
LRw Arne
ti U0 40 1 IT zi The Monroe Cowity Conte ssiors will look al ways to raise the funds
Today in 5Rprts such as a lot] booth on U.S. 1, and =ke platy to ask the state and PINE � 11
Scores More -federal gaverrirmni to help pay the expenses during its wnthly From 5-star
rmeti ng in Key Largo on Wedrcsday. resorts to
Because of strict growth restrictions. much of the remaining soenic camp
This week undeveloped land in the Keys camot 'be built orL Tk county must ground,
Columns purchase such land from private owners who are deprived of their find It
Tech Talk property rights- all in ourto
Biz Dir guide
Fhe q uesd on i s as i t always has been, 'W11cre 1 s tW furidi ng go i ng to
Real Est
come from?"' County Ad-r1H*rH*strator Jim Roberts said. "I dodt thitik
Lifegylp there is any =gi c pot of money the
out re." It doesn't get any
The county had received about $3 million a year from the state for befter than this
buying land for conserva6orL but the funding stream dried up, Roberts Watch the sunset from
Kudos said. Mallory Square, even if
Columns Plans last week to apply for a competitive state grant for the you are stuck in
purchascs were scrapped because the county did not rank high Wisconsin. Or enjoy a
enough, said Tim McGarry, director of county Growth Management virtual Margarita at Sloppy
Features Joe's.
Columns A proposed Monroe County fee on the purchase of homes, sponsored Check out our Keys Web
by Rep. Ken Sorensen. failcd in the state Lcgislat this year. Cams.
Originally. the fee would have been put into a trust ftwd to pay for
!PWNI �tkl LA _112W
View Photos land acquisition and other cri ti cal Keys issues.
"I think we are going to have to look to several alteratives for
raising revenues." Commissioner David Rice said.
Commentacy
Entertainment A toll boodi on busy U.S. I -- a reoccurring idea that has always been
1— dcfeated -could d be orte way to rah se wricy, Ri c e sai d. Check out the Pbow
Keys Life GalleTy Weekly for
New Keys PhoWa!
He aLh
9 am hearing surprising acceptance of a toll from dw people that Chc k here to Photos Vie
Food were not in support of a toll in the p . ast," he said. I w
oo
Real Estate
Rice said the to I would I i kcly be more than 50 cents, but that it i s too
early to make any estimates on the cost.
Death Notices "Certairdy, If you are looking at a toll that is only raising a small
amo unt of nnoney, i I w o ul d probably not be worth 1 t " he sa i d.
I
View Classifieds low e v er. U. S. I is under the a utho r i ty o f the state, and there are suit
$Omft Classified requirements of how the moncy can be spent that do not allow the
HISTORY 10 of 18
I of, 11.13/2009 3:31 PM
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x
�w Arotod the Keys
it
Loqql, State &
purchasc of natural lands, Rice said.
"We would probably have to look for [state] legislation for mre
flexibility," Ri c e said.
The comrnission will also discuss sending a delegation, headed by
Comm s s inner Murray Nel soa to Ta I I ah-assee to cone i nee the state to
mate what funds the county can spend.
Monroe County could proLluce about $10 nullion from its
infrastructue funds to buy up lands. Corrunissloner George Neugent
Ow Histo[y said. 'with a state and federal meh, $3 () mi I I i on would be avai I ab I c
0 for preserving the Keys' unique environment.
Also on the agenda for the commission nnecting at the Key Largo
Ubrary:
Shopping
*y* A propos ed I avv t hat w oul d s et uni form req uj re == for res 1 dents
S H
of urn*ncorporated Monroe Cowity that must hook inD3 new sewage
treatment syster1 s.
it e
*y* The countys- new plan for post -disaster recovery and
redeye lopnxi-it.
*y* A proposal to el innate permitting fees for affordable housing
p roj acts that recei v e fund i ng from ffic county,
tt:ritten(q)keysnevi s.corn
I IZEN
SIDEBAR: Closed door nweting
Missed your paper
today?redefiver
Today, the county will hold a closed -door meeting with its legal
For y or
counse I i n Key Largo to d i sc LLss [W OL I ong-stand i ng I aw s ui Ls.
account credit, call
us in Key West at
A suit by Key West attorney Michacl Halpern charvng ffie county
(305) 292-7777
with years of fraud and racketeering was dropped montivs ago, and
now the county wants Hal peen to pay its cowt Costs,
extension 3. In
Marathon call (305)
Halpern alleged that the county participated in a corrupt relationship
743-8766. Or e-mail
between forrwr County Attomey Jim Hendrick and developer Pritam
us by clicking here.
Singh- Hendrick and. Singh used their power wW influenec to crush
_up for home
rivals and stream roll over building regulations for 20 years, lie
delive[y here.
clainwd.
Hal perry dropped the swit a day before the first hearing in the case.
ficnd rick and S i no dc ni ed die claims.
A county code enforcement lawsuit against Alfred Gusty nger was
ncar I co ne I tided. but the defendant died in a plat crash along w i th
y
three members of his farm ly.
Attomcys for ft co unty are as ng ho w the s ho ul d hand I e the case,
which was filed over outstanding codc violations on a property in
Islarwrada .
The county held a lien on Gustinger's property when he was Idlied on
Feb, 17 with his so M daughter - in-law and grandson
Back to Searn Resuts
HISTORY 11 of 18
2 of : I i 3/2009 3 %' ) I PM
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14 1 DAVK1KYS
keys ew s ,, m
nm Fkw*W )UP1% Only aW* 00H" ft"
June 9, 2009
urrenSton Ct g-
_S t iv t ch jkla n inc I kides dis a ppairil went - OEV26/200 i
Ki_!9_M arkers
Crime k2g_rl�
luck to Sea ResuK
crux W
WbIe we woidd have likt�d a change here and thcrc,. we applaud
Frm 20 F Cre� #9
Crov. Jeb Bush, Transporiab on Secretary Tom Barry and otter's at tk-
state level for finaly corning to a "decision' on what to do wid) tk,
Cornmentaw
I 9-1 l.I I C Smch-
Letters
flie iwc-Ianc luighway frorn Florida City to Key largo allows few
0
Qiti:zen's Vora
opporttirtifies for le -PI passing. It is always an acchdint waiting to
hapNn. And they do.
To -day in Spprts
As govenmxrg bodies frown one end of the Keys to ffic other have
cores . es & More
wrwig thc1r collected hands. making, a variety of sugpsfians for
From 5-star
.
upgrading the Strc=h, -kyu- have contended that the suclion of bighway
resorts to
should be safer, and that the capacity issale critical to hurricane
scenic camp
evacuation needs to be addre&s�,d,
ground,
This week
you'll find it
ColLnns
The concreic center barrker will make it safer-, at least rcoxwIng tale
all in our
TEM.h Talk
consiam pos si bi I I ty of head-ort col 14 1 ans,
9q.4de to
Biz Directo
Real Estate Net
But we = disappoirned that the governor and his staff have Ski reed
P
lodgi
tk- capacity i ssae. Several other questi ons weni unanswered as wel I
)MOWN 610
-113c plan on ffic Struich calls for two 12-fool travel lanes and a
It doles nl get any
Ldes tA$
14 - foot paved fined I an wl tit a 2- foot -wide barrier dow n Ow rilliddl e io
better than this
prohl b I I the head- on col 11 &1 ons. On th(.- oulsi de of the wribbowid lane
Watch the sunset from
Kudos
w1II be an 8-foot paved evacuation lanc ihal will I-ove runQb1c , Strips
QQ J Orr M
to discourage dri vers from passi ng an the ri gilt. On the outside of the
Mallory Square, evenirt
soudibound I anc w- I I N a 6- foot paved shoWdcr
you are stock in
Wisconsin. Or enjoy a
It is difficult to lrwgi ne that drivers in a hurry woF;t be aitenipting to
virtual Margarita at S[oppy
feature 5
pass cri the right, rwubk� strips or not As we have staled here many
Joe's.
Col
i P nies. a, second outbound I am weid d have address W *al issue.
G ck 00 Our KeYS Web
Cams.
Lo.%.Ma I I J.M 'Lev
Tim Jewfish Creek Bridge, which is at die 'tic i ginlu -ng of iN
Y"_ Photos
nortlibound Stretch and at the crid of the southbound, will becorm a
two-lane bridp wili a concrete median malching the one on the
Wgbway. Thcerc will be a 10-foot ixorflihound shoulder that can be
used dim ng c v actLath on as we] I as a sever foot sotidibound shout der-
Commenta
Enterta inme M
To some all these lariir�,s are ready-made for ;i� foury fmir-lane
the
CbWA out Pbugo
highway. That riught invfove, capacity, but it also wWn od "
Health
easier for Minn Dade Cmmly n�sldenls - ilic dreaded day trippers -
X"s Phowlia
F9 Q_C_l
to motor i nto and oLd of the Upper Keys.
Ck* here 10 VOW PhO103
Real Esl@t
The Key West City Commission, the Maraft:n Gry Council and d)e
Key West Chamber of Commume had a! I c a] I e d for a plan to cKpand
die Stytich to four 'lanes. Upper Keys groups had pleaded for two
Death.hKAiM
lanes.
Vftl we have rece I Ved Is a I Itil e h, I of butte
�am clmffeds
There was w, Tnenti on i n dic decision about i n,cl udi ng a to I I hoods,
subrIiit CISSSLWA M
perhaps at the -soudwrn edge of the Stretch, and char&zing visitors to
the Keys
bo U V V"
Local LIAI
It, a I so, i s a proposal, that needs to be re vi sl ted.
AMMLft Keys
If Keys residents were. granEcd a a substannal discomli and iourisLs
were charged, say S5, thi'rc coLdd be a fiefty fund t1vii. could be used
E�G]Lwaz%�MI
to lielp offsei the enviretuwnwl impact that up to row miulon almLgll
State 3
tounsts have on the Keys.
Federal Links
Although after two yc�ars, d:ic governor has now sipcil off on a
1:1:1.01way plan, wNch also calls for additional lanes at specific :spots
ON
between BIL, Nne Key and the Stretch, it will take several years to
Out' Hstor r
-c oinpl etc the end re PTOJec t.
Our Staff
'I'1� co=pt has to be fiffiher advariced to a desigii plari- Money needs
to be acquired to fund Uic project- Nunwrous perms is have lo be
granted. And, dien i1ie coastructi on work can bqoin
Shoppin
Disappoi ntments aside, we aro I ust glad fi nal I y to see forty and motion
SHtoward
fl. xi ag a probi ern Mat has be Mired in contend on for years.
It e
E
CaCk LQ Search RgSuk
-
HISTORY 12 of 18
Keys New Archive Search
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I. L(Au DAVK11-N S
n m
The Florida Kays Onty Daily Onlin* News
K F. Y W VS T M A R A T If 0 N� 1 1; LA RF1 0 R AD
June 9, 2009
Current Stofies TOT talks raise M M 4ut 5601is - 02. 11 2000 ENUEUM"
Mlip Markerg Back to Search Res Click mrt for
Crirm Reml F ive'Day i: 0'er- al. I
By EFUK SLAVIN
Eddarial:iti zen M1 ddl e Keys Buire au
Comcrientary MARATHON - A proposed 18 - mi I c Stretch toll must bri rig in at least
L2211 . $15 million a year io be worthwEle, County Commissioner forge
CAiZW5 VOK:e Neugeni and other offi c I al s sal d Thtrsday
4!Ll V:tw Neugeni net wp(h Key %,,st Mayor Jimmy Weeklioy and
re,prescaafives ftom Islamrada, MaratlioN LaMn, Key Colony
T-g0ay in Sorts Beach and Key Largo to discuss wheiher toll revenue could From 5-star
Smes More Si gni li cand y fund sew age systems i n ihe Keys. resorts to
Neugent proposed a $5 soiahbound-only loll on the road leading scenic camp
Tground
This week dow n to U. S, i, and a nulchi ng tol I on Card Sound Road. you'll fir -NJ it
Cclun%ns TIM
Tech Talk of 1011 woidd not adverse] y aen touri srn. Na ubTnt sai d. all in our
g4de t
BL7-, Directory "There is no indication that a toll would affect the number of people
Real Estate Net conutg 10 dw Keys," Neqent sal d. "To put i t I n pci-specil ve, I dod I
drink anyone here WOLdd caned a, trip to t4arni_ to s" a sporting
event .. - based on the to] Is," Neugent said_ It doesn't got any
Vatyle However, a toll could have differing effects based on what iounisis better than this
Horrie are I ooki rig for, sai d Marathon to= i I man-c lect Jon J oh on. Watch the sunset from
al -rtr Mallory Square. even if
V A person going to Kuy Largo for snorkelq and diving isdifferen: you are stuck in
11rall'41 1T4T1,0F1 going down to de lz Concha [in Key West]l" Johnson Wsc-cnsin. Or enjoy a
Waahlm said. virtual Margarita at Sloppy
Feature§ olumm ra
n n flo ic cuonmic impact of a loll vary widely, as she'Ck
own In 3 jos.
Cinvino from Rep- Ken Sorensen to Virgilu'a FIEAco, =ctitive director Cheout our Keys We
oof the Key Wf C est Chamber oommerce. Cams.
f
View Photos S-orensm;s office ustimetes nei toll reveaut at about S2 million per
grnmenta[y
That estiniale asmunes 9.,000 cars per day pa ing S2 each
QY1 ,
Entertainmen Nougenrs esti testes assume 10,000 carF, per day, pi us die fol I ows- 4 "MA out th r pbrAD
"e s Life (lifflery Wvmkly fnr
n 13.000 ir-esidt:Tas pa%llng S36 per year for am pas5es. New Key I Pba4co!
C iick here to VeAe Photos
FoeLodal Eslate n 1,000 employees pa n g S2 5 per year for annual passes.
R
a A weekend suro.!rge of S 2 and a hol I day surcharge of S3.
Death Notices n Charps for add i il onal &des on vehi cl es
'I'liat total cotes to S 15.1 nu I I ion per yea r Ifthe iol I c ost S 5, the lol I
woiJ d produce about $23 nip I I i on p n revenm, s,
Vhew Classifiedg
Submit Claudio 71w coumy woW d use i Is. share of the revenues to pay for waste -water
treatment, wlu-lc the rest woLM be diwlhuled. to cifics.
C 61 ILI No one seemed sure how many cars travel to and from the Keys (mi a
Local LlMk5
Around . the lays
daily ba si s, whi ch cool d change revenue projections.
Deparimeni of Transportation. figures estimated that bet%Neen 8,000
and 12,000 cars travel over the stretch every day., Johnson said -
Lcy,-al. State & Estirmtcs from the Mpartmcw of Growth Mamigement and other
Federal Links i i SoUindi s di cated di fferent h gures. Most offi c I al s req uesied deA 11111 ve
numbers before making any decisions.
0 is H:Sto Even if It bccoiix: � ccommically desirable, die county may have
Our Staff trouble finding a place io put ilic toll.
The =jority of the 18-mile Stretch exists in Dade County.
FurtWrrnore, a loll booth ruts[ have ow mile of v)sibility leading tip
Shopping to it, said Key Largo cl M. a0 vi st Chu- lr� Brooks..
SH T1r_ county mint then consi der 1. f I t nerds to bm- I d addi tj onal I "c, for
the toll, and how to do it without impacti,rig environmentally sensitive
tt?le wellands-.
It will be take at least five yiYws of polldcal ricgofialing ud
construction befo-rc the proposed toll woidd be in place, officials HISTORY 13 of 18
Keys News Archive Search
http-*-//secure.floridak-eys.cotWkeystye ws`/archives/artl'cle-cfm?article i...
Pe
FLORIDAVIKEN'S
�%w keys ews.com
rft Radds KiPyV Onty Daily Online News
k I-- Y W V S I MAR%T110N 1 0, 1. AMID R AD 4 Y L A R G 0
Amwer toil questions First - 12127/1999 June 9, 2009
C rreM.Storles ffmmllzmmm�
Mile Markq Back to Search Ftesuts CIKK hurt for
Coild a toltboodi at the top of he Keys be a riLw for cx1raoing do.- ri%m 0ay Eq!�
staw from involvement wiI fli col ivng wastewater problems la die
Edftodal Florida Kays,?
corrnynta That's what has State Rep. Ken Sorensen (R-Key Largo) worTtied and
Wters wiiy, earlier this month, he announced his opposidon to The toil
n's Y0o rancept.
116 Sorensen, Gov. Jeb BuL-A Wd Terusa Tinker, a gowtli inanagimcm
and plamiRag policy coordinator, nict to talk about the tollbooth and
Tqday in Sp:g[js
UL how it could possibly payr for wastewater solia6m; in lire Keys. From 5-star
Wires �Sorensen said. resorts to
Sorensen said a 52 loll would raise about S2 million a year for scenic camp
This vueek wastewater plans, a far cry from I)c eshi-naled S2 billion or niore, ground,
Columns needed to SO up sewer system and aftr wal-er-quality coraol you'll fib III
Tech Ta I R measures.
ail in our
aOde t
Ekz Dir-optory
Real Estale Net "Two million a y= doesnI do a darnn &dng toward the poteniial dcht lodging.
lhat':g been mandated by ftstate," Sorensen said -
And that toll plan., lie said, cc ud d al I ow tlw state to walk away from It doesn't get any
Lifes obliptions to lipp fund wasiewatcr and water qualfly seal utiors, better, than this
Flo CsPeciallY if Bzli proceeds with hi-s intention of abohstthe state Watch the sumet frorn
Kwo Area of Criti cat Co m cm deli tion for the Keys. Mallory Square, even If
Columns Tinker, however,, sxid Ole tollbooth ivould notbe set Lip to solve. all you are stuck in
Lhe wast-awaier problems- Tl still would require a big finawal VVPsc*nsIn- Or enjoy a
boost ftorn beli the federal and state governments. virtual Mafgarfta at Sloppy
Features Joe's.
Q-0-1V—Mr* Sorensen wants arry� furaier talk of a toil lo be delayed until the Check out cur Keys -Vieb
11AW cou*s wastewater cons u]tant comes Lip widi definite ntunbers fbr
how mwli smage solutions in die Keys will cost and for more
View, Photos assurances flut lie 5 talc w I I I be cowl buting to those sol un 0 M.
Tlut's a good Idea.
Conrimmary Also, there are still some oflicr local concerns - financial and
Entertainmenj env i ronmental - dul rnw, i bu I of �kcd ;it careful ly before the to] I booth ON" Out t�,-- -Vh4 Pto
&us Life process goes ftzther G&Hsry Wrekly Rw
Hbafth mirm x0ya J>�MAG&,
On the fi wine al 5i de, how wil I a lol I aff,=t lt�c Koys' main 11 vel i hood Ck-k hem 10 Vim PJ10105
FCh(>d of tour' ' sin? Al. wh
Real Estat I at tol. I rate do you bed io d I scouragc inany of the
so-called "day-trhpNrs" that are imparlant to the Tourist ecomm,
particularly in die Upper Keys?
Death Noticerz U.S. I is nol Card Sound Road. Onc tollbooth will not be able to
handle al I the at and truck traffi c lwading into die Keys,
It will Lake a largc, m0ti-bocth facility to collect tolls efficicwly, so
View Classifieds trade c is not backed up to Homestead. Is there a portion of lie,
stkmid classifed 18-Mile Stretch wide enough to acconmsdate a largC, Mllfi-booth
far 11 Ity withool cm roachi ng upon ecol 091cal ly s�nsl ti vv I atxis')
Tkse llssw5 and oliers should be settled before the ,,wc pToveeds
Lgol Links nurturer with any lol I booth ploms.
Arovix! ft K"k
Ba:Ck 10 Sea rc h 1t161JU
Locai, State
Federal Links
0 ur History
^..p C66;W
HISTORY 14of 18
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FLORIDAVIKEVS
e mews , cm
Pw Fla4da Koo Oily !ally Onlino Nows
2 S June 9, 2009
TOU 11.24 - 11/2411999
t&_r!LStoTies X
Mile Markers Back tg -Sea rCh Rest Ckk twre 10C
crim !Kmns By HARI-EN BROWN Fro Day Fomm
Eddoda 0 ti Wn Ljpper Keys B Lxcail
Q9WMnt@_nt KEY LARGO - Thte govimun's office is warimi.ng up jo the idea of a
Letters toll booth al the lop of Keys
0fizerl's Voice Two coumv officials Said Cov, Jeb M0) V. considering the toll after
meeting with them InTallahassee Iasi �v�.A
Today in SporLs Monroe Cotuity Nor-i, Wilhanis said Bush believes MAW
Swre:_& Mcfe the tirne is now io move on tl X I S S LA:' From 5-star
resorts to
% I I i errs sal d the govemor 16, 4,onsiderl ng a ni=ber of projecLs tol I sceNc camp
This week I L: V LA LLIC could fiuid ground,
Columns You'll find it
Terph T. I k I C gO 0 ITM r I S Shapi ng up what he 1 s I oaki ng i a push on flu-, tol 1, bta all in our
ft Diredor hC t'eel.S, thC IUDC is now to move on it," she gOde t
q LO-q I ng
ftal Estate Not Bush was usiavailable for corrumm, but his Everp;ladc!s policy
coordinator and former Monroe County Sheriff J. Allison DeFoor
L ft confirn-w-d the issue waE being:sluchcd- It doesn't get any
offt "Wo have been iaking a good hard look at tivat.' DeFoor said. "'Fliere better than this
I s il't miu: li mu ry I can to I I you about I t, at ti a stj me," Watch the suriset from
Cal Mal.1;ory Square. even if
Wi I 11 am said there art some concerns ainong, state a fficials over tic you are stuck in
restricboris on how toll fiuvh could be spent. Under eanent staic law, Wisconsin. Or eNoy a
funds collected from road iolls must be earmarked for transporiiatio4 virtual margarita at Sloppy
Feaftses proi ects, joe's.
001 eys b CKWe
Comty officiahs, however, Aant tea the money for infrastructure heck out our
improvements, swh as wart Ater and 2itormwater Proj-ects and land Cams,
View Photo$ acquisition. 11111111111lum, MIMI
Sic IT SpOlding would holp the- county fWfill the requirernems of INS
")mprehensive land use plan -
"There is discussion that dierc =y be Ian pid in the A] I i gazor
E ntef ta i rinPe A] I cy tol I [ I ev slati on I that vw i 11 all ow for what we ai c I oold rig for Qwak out the Mow
Kms If rm)w,' Williams said, `Tliere is sitill some hoincwtiA slut mx& to be Gallwy WomMy br
�%alh done." N&W XVYIL PbutoLl
Food C-lick haf e tD Vew-P holp:s
Real Estate Slate Rep. Ken Sore rLscri, R-Key Largo. said he. tiiis not Vert in
contact with Bush on the toll issue,
Big, "'Me last I heard was tut Oic origirtal proposal was flawed and
QeaM Notices we would riot �vt 100 percent of die money, "
As Saremen Iasi understood. the county woWd liave to split the
View Classifieds moray with DOT
SjjbmAi _Cila ss if i ed Ad d I
Tl�s was not acc e piabi e," he saj d_ "Tbi i morgey shoal d be desigmic d
for InfTasawittwe, arA until we get the land -use plan from the county,
_K we're not going io kww jest how much it's going to cost.
!_t>cal Link$ "We ha -%re hard figtx", on wastewater costing Motirotr CounN-
ArouN tbg Kos between S I and $3 bi I I ion." Sorezm said
h's also unc] ear how much to toll w I I I cost. he said,
Local, State &
Federal Links NPRioti ww. %ye don't even know wheft-r ft loll wotdd be Sl or
S I 0,'q he said.
Add' i6cmidly, the process of setting up a toll Is much more
Oty Hsto cornphcsled If the reve-mic isn't earmarked solcly for Florida
Our Staff Departrwril of Transpom 1 oit pr ojccts,
Alf the hirids were all going to IvL- dircctcd to traFiSpOrtati011. d1Cn
FDOT notad direct diet the ioll booth be put In." said YvoF=
Shopping McCormi ck, pubi 1 c rel al ions di rector for FDOr s soudwm di strict.
Sf-1 P, Flien again. if die inoney was gain# to be directed loward oilier
Sour C �: -�. I I �3 " I j 1. 1 be necessary for the pi an to go lo Ifie governor, who
Itt?1e WOUI do I 11%: 1`1 h Ul�r I 1i I i[ to die F1 ori da Lq� s I ature for their approval.'"
McConnick said DOT would still bc part of dw plan because it HISTORY 15 of 18
WoW d havc to bin I d and rmi ntal n die tol I booth.
Back to Search geau&j
Board of County Commissioners
RESOLUTION NO. 118.1 ggg
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY
COMMISSIONERS IN SUPPORT OF THE CONCEPT OF ESTABLI SHINS ATOI*P- �
"TRANSPORTATION TOLL ON U.S. 1 TO ASSIST �r--
IN FITND�sTG...>�T
IMPLEMENTATION OF THE MONROE COUNTY YEAR 2010 COMP ..ro.
IVI �
PLAN POLICY 101.2.13
j CD
(FIVE YEAR WORK PLAN C7 :._ _ `"
WHEREAS, an incredible variety of state and national resources are C4I1taIneC�� �' '"""" �
boundaries of Monroe County, represented in numerous aquatic
q c preserve neon�
wildlife refuges, state and national parks, national marine sanctuariesC3
and thousands o
acres of wilderness designated lands; and
WHEREAS, local, state and federal interests have made significant ' g t Investments in
pursuing the protection of these unique resources over the decades; past several de •
p and
WHEREAS, Monroe County has been designated an Area of Critical State Concern and
has developed a comprehensive plan to accomplish unique land use
p q goals such as water
quality and land acquisition; and
WHEREAS, while Monroe County welcomes the seasonal tourist o p pulation to the Keys,
the Commission desires that they contribute toward alleviatingtheir ' •
impacts, and
WHEREAS, many of the visitors to the Florida Keys utilize U.S. 1
y as the means of
entering this area; and
WHEREAS, Monroe County and the State of Florida haves spent eight
p g t (8) years preparing
and deliberating the successful adoption of a comprehensive land use e 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, ... , , q y er, the need for land
acquisition, the availability of affordable housing, and the availabilityof
recreational
opportunities for residents; and
WHEREAS, Policy 101.2.13, the Five Year Work Plan identifies the
e actions, responsible
agencies, and timetable withwhich those agreed upon actions g p must be implemented,
including land acquisition, wastewater improvements and stormw • ater management, and
WHEREAS, Policy 4 commits Monroe County, with the assistance y 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 ' .p mmendatlons for funding
initiatives and alternatives for implementation; and
HISTORY 16 of 18
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.I has been identified both now and in past
discussions as a possible source of funding for such comprehensive tan implementation;
and
p p
WHEREAS, tolls have been established in other areas to assist with non -transportation
costs associated with secondary effects of transportation impacts including g 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 identif in 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
p q Y
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.1 in Monroe County for the purpose of providing needed
. p p g
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 S. 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 24t' day of March 1999.
Mayor Wilhelmina Harvey
Mayor Pro Tem Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
ommissioner Nora Williams
EAL)
hest: DANNY L. KOLHAGE
Clerk
Yes
Yes
Yes
No
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By By
Deput C1e Mayor/Chairman
qPpRO
B A� cEGA�s S Fj F M
C
Rye
DqTE Rr N. ►v
3
HISTORY 18 of 18
Tolling US1 /Monroe County
CARD SOUND ROAD
Tolling US1 /Monroe County
CARD SOUND ROAD
Current Card Sound Road Revenue
There is a $1 toll each way on Card Sound Road. These revenues averaged $1.5m 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
1,213,606
FY05
1,221,865
FY06
1,166,093
FY07
1,565,905
FY08
1,458,415
FY09 YTD (09/09)
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 US1 /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 11-mile (18 km) -long 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 -- passing the measure with only two dissenting votes --
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 US1 /Monroe County
LEGISLATION
M atecu m be Key 1938
Tolling US1 /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 Everglades 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(f) 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 US1 /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 US1 /Monroe County
LEGISLATIVE /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) (STAB, 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 B and 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 FY2005, the fund
has funded activities/projects in mainly two areas:
a) C-111 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
LJ
2.6 Revenue Sufficiency
As of June 30, 2005, bonds in the principa,1
amount of approximately $47.7 million
remoined outstanding from the Alligator
Alley Revenue Bonds, Series 1997 issue.
Each year, an arnount of principal and
occrued interest (onnual debt service)
on the cutsionding bonds becomes due
and payable, As a test of the ability of a
facility to repay the annual debt service,
a "coverage" Ica lcullation is performed. In
accordence with the 1997 Series Bond
Resolution, gross revenues are first required
to provide 100 percent of the administrative
expenses, operating expenses and routine
Florida Deportment of Transportation
Enterprise Toll Operations
Table 2.10
Alligator Alley
Net Toll .even u e Fo reca st J S 000)
FY 2005 through FY 2016
Oporating &
Adjusted
'Routine
Debt S*rVIC*14)
1--00V*r*96
Fiscal
Gross Toll
Mainto nanca
Not Toll
Year
Reran u*111
Expons*011
RevonueO
Psym*nt
Ratio
2005
$14,437
$5,500
$8r937
$3,668
2.4 1
2006
18*548
6,317
12,231
3,667
373
2007
3,187
6,919
16,268
3,667
4.4
2008
23o771
7,162
16,609
3,667
4.5
2009
24,32.0
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
4,8
2011
26,021
8,218
17,803
3,6661
4,9
2013
26,587
8o506
18,081
3,663
4,9
2014
27,111
8,804
18,307
1665
5.01
27,639
9,11112
18,527
3,666
5-1
2016
28,219
9,431
18,7881
3,663
M .1-Y ZOU b ii nd I-Y � UU6 qvC &S toll revel n uia i n clu do s i rnpatis of rho SunPoss discau nP- The d isco u n i is
d 1 Kon rin u ed in conjuncts on wi th 63 Februci ry 2 006 Poll Mle i rwreu se.
(2 � Period ic m a inParw nce inc I I ides
s significoni expenses for resurfacing of ihe ant�re focillity; howeverr these
expenses are not included in the opercitcng cmd routine m-aintenonce expenses os bond resolutions ex-cCode
ffiese expenses when colculating net revenue.
(3) Does noi include in-vesiment incorne once operoting revenues ovailloble for debt service
maintenance expienses. the amount of 14; Annual dobi so
June 30, 2005
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 calcul'ations. The Bond Resolution requires
that net revenues be 120 percent (1. times) of the ann uo I
debt service. If revenues are insufficient, a toll study is required
to be performed by the Troffic Engineer. If recommended, a
toll increase would be implemented on the facility.
Table 2. 110 provides a forecast of the suff iciency of Alligator
Alley to rneet annuall debt service requirements through FY
2016. Generally, revenues used for debt service analysis on
the foci I ity i nci u de g ross to I I reven ue a rid other i ncome derived
ry ice is obtoined Isom I he Stti to Boo rd of M mimstrahort An nuo I Repo rt lor the yeo r a nded
from (or in connection with) the operation of Alligator Alley.
However, a conservative approach was taken for this anallysis
and only gross told revenue was used in the calculation of net
revenue (Le., gross toll revenue less operating and routine
mai ntena rice expe rises) . As shown in the to ble . All ligator Alley
significantly exceeds the 1.2 minimum debt service coverage
requirement,
As indicated in Figure 2.3, revenues remaining after the
fu llU llment of the annuol debt service requirement are used next
to fund renewal a rid re PI'a cements. Ad d itiona 11 y, these raven ues
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 w1th Section 338,26,
Florida Statutes, This transfer is necessary to help restore the
natural era Cues of the Everglades affected by construction of
Alligator Alley that may have contributed to the olteration of
water flows in the Everglades and changes in the ecological
patterns of the historical southern Everglades,
FY 2005 Annual Report
LEGISLATION 5 of 44
Alligator Alley 31
M1 <A
South Florida Water Management District is-zl-
3301 Gun Club Road, West Pin B each , Florida 33406 * (561) 686 -8 800 * FL WATS 1-800-432-2045
TDD (561) 697-2574
ADM 28-06
August 15, 1997
Mr. Thoaws F. Barry, PE
Florida Department af Transportation
605 Suwance Street
Tallahassee, FL 32399-0450
Subject: Contract No. C-7425
Alligator Alley Excm Toll Avenue
Dear M-T. B arry:
N avemIrd=P
Enclosed please find one {i} fully executed copy of the above referenced contract. If you have
any questions, please contact me at {5G1) 687-6380.
Thank you for your efforts on behalf of the District.
incerely,
Jon G son
Sr. Contract AdmifilStrator
Procurement & Contract Ad =''stration
/DLK
Enclosure
cF Office of Counsel
Barry Atwood, MGT
Goveming B&Yrd.-
Frulk Wiffiamson:, ,fir., Ch2irman Vera M. Cuter Richa-id A. Machek Samuel E. Poole III
Eugene K. Peftis, Vice Cha-irmim William E. Grabam NEchad D. Minton Executive Dir-ectoi-
Ktchr-H W, Berger Willia-m Hammond mriam singer
Nbchael Slayton, Deputy Executive Directol-
Ma&g Addiress- P-0, Box 246 80.p Wwt Pdm Beach, FL 33416 -4680 LEGISLATION 6 of 44
ORIGINAL
C-7425 I
MEMORANDUM OF AGREEMENT
BETWEEN
SOUTH FLORIDA WATT MANAGIEMIENT DLSTRJCT
AND
FLORIDA DEPARTMENT OF TRANSPORTATION
This MCMOran dum of Agreement (MOA) is entered into as of June. 30, 1997, between the South
Florida Water Management District (DLSTRICT) and the Florida DepartmrInt Of Tra-nsponadon
(FDOT).; Collectively referenced to as the "PPARTEES.1,
WITNIESSETH THAT:
WHEREAS, the, DISTRfCT is a public corporation of the State of plon-da, areated by the Florida
Legislature aud given those Powers and responsibilities enumerated in Chapcer 373, Florida
Statutes, and 'is empowered to enter into contracts and agreements with public agencies, private
core orations or other personst Pursuant to Section 373.083, Florida Statutes; and
WHEREAS, the FDOT is an. agency Of the to of Florida, created by the Florida Legislature
and g iven those P owers and resp o nsibihties en u meramd m' - am ong 0 thers,, Chaptors
and 339., Florida to
Stes, and is empowered to enter into contracts and agreements w*th public
a I
agencies, private corporations or other p rsons, pursuant to S tcdon 3 3 4.044, F1 on+ d a S ta.tote and
WHEREAS, in 1994, Lhe, Everglades Forever ActSection 373-4592, Florida Statutes,
I
autho6zed the DISTRICT to proceed expeditiously with *mPlementation of the Everglades
Program to begin restoration, revitalizau0n and proms tion of the Everglades ecosystem, including
Flon'da ]Bay, and
WHEREAS, Section 2 Of the Comit me Substitute for House Bill 1775 (1997) requircs 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 tlLe
Evergladcs Fund to SeParately account for all moneys used for the Purpose. of funding the
Everglades Construction Prcjecand
WHEREAS, Chapter 94-115., Laws of Florida., passed by the Legislature in 1994, establishes
Section 338.26, Florida Statutes, drat directs the DOT to continue the system of tol-ls on
AdEgator Alley and to deposit such 'fees generated from tolls M the State, Transportation Trust
Fund for use to meet all outstanding contmaual obligations, to operate and maintain the highway
and toll facilities including reconstruction and restoration, and to pay for those projects that are
contained M� 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
excm of that required to m=t those obligations, may be tmwferred to the Everglades Fundy a
sub fund within the Everglades Trust Fund of the, DISTRICT, for environmental projects to
Contract No. C-7425 - Page I of 7
LEGISLATION 7 of 44
restore, the natural values of the Evcrglades, SUbjeCt to -carnplianGe with any applicable Federal -00-
laws and regufAtiorxs, and
WHEREAS, Section 338.26., Florida Statutes 'Idenfifies the Ever
toll revenues and (b) proceeds from glades Fund to receive (a) excess
bonds Of notes secured by such revenues., for the purpose of
dsbursing such funds for projects timited to Florida Bary and the Everglades Promction A=4 and
WHEREAS,, Scetion 338.165, Florida Statutes, allows FDOT to r the - n equest DI'Visio of Bond
Firlance to •issue bonds secured by toll Mvenues Collected on Alligator Afl�y to fund specific
transportation projects, and
WHEREAS, U.S. Congress, in 1995, passed the National Highway SYStems Act (RL. 1,04-59),
which auLhorizes modification to Section 129(a)(3) of Title 23, United States Code, to permit the
collection Of tolls to liquidate such M'debtedness as may be incu=d to finance any cost
associated with a featurn of an onvironmental proj•ect that is carried out under State law and
approved by the Secretary of the rnterior, and
WHEREAS, the PARTEFS recognize the need for Cooperation to carry out the intended use of
said excess tolls, the PARTIFS represent that they are '11*
Vn mg to provide said cooperadon- and
the PARTEES wish to enter Mto a MOA with each other; and
WHEREAS, the PAEES warrant and repr=nt that they have, no obhgation or indebtedness
other than bond indebtedness that would u'npaL'r thc'lr ability to fulfill the tenns and conditions
Of this MOA; and
WHEREAS, the PARTIES *
that are related to tr=sfe & wish to delineate cenain para-meters •and tasks., through this IA,
DISTRICT; mng excm Alligator Alley toll revenues to the Everglades Fund of the
NOW THEREFORE, the pARTI]ES,, M consideration of the mutual benefits flow-ng from each
to the other, do hereby agree as follows. -
ARTICLE I- STATEMENT OF WORK
1.1 The PARTIES shall, to the satisfaction of each other and each in cooperation with
the other, fully and timely perform all work ite�
paragraphs. ms set or in the following
1.2 The FDOT 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 All to authOrize continuation of tolls for Tide 23 eligible,
Projects, that are included in Chapter 94-115., Uws of Florida., as provided in Section
129 (a)(1)(13) of Tide 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 1
initiaw any transfcr of excess toll
revenue funds from the State Tmnsportation Trust Fund to the DISTRICTIS'
Everglades and subject to bond resolution. Such U-ansfers shall be made annually
by June 30th of ea Stam fiscal year and shall be Subject to and limited to the armual
Le-gislative appropriation.
144 The DISTRICT agrees that any excess toU revenues that are transferred to the
Everglades Fund shall bo used in accordance with the applicable provisions of Florida
Statutes, Section 338.26, and approved by the Secretary of the Inttrior.
1.5 FDOT agrees to request the Divm`On of Bond Finance, to to all necessuy actions
to issue bonds in its behalf, secured by toll revenues collected on Affigator Alley, to
fund uansportauon 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 Aar ysis of ProjecLed Excess All' ator Alley
9
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 "eculion and
continue through completion of the provisions contained in the MOA. However, the
terms, conditions, and duration of this MOA., and thepayment schedule, ShO be
renegotiated m accordance with condition 2.3, below, Until otherwise agreedupon,
the payments made by DOT shall continue in acwrdanot with ATTACHMENT 1,
330t to exceed $63,589,000.
2.2 The PARTIES agrec that time of the essence in the performance of each evory
obligation under this MOA.
2.3 The PARTIES agree that prior to expiration of this MOA, the PARTIES shah
renegotiate its terms, conditions, and duration. The negotiations shall take into
account toll revenues from Alf, actor Alley, future costs to operate and maintain
Alligator Alley, Alligator Alley reconstruction and restoration activities, transportation
funding needs of Broward and COB ier countias pursuant to Section 338.165(2), Florida
Statutes, and the con dnuing costs of the Everglades restoraLion projects. Either
PARTY may also propose other costs to be financed from toll revenues, provided
such costs are consistent with apphcable State and Federal laws and regulations. The
results of such negotiations, includu'ng proposed statutory changes, if needed, shaR be
presented to the Lzgislatm prior to execution in an amended MOA.
ARTICLE 3 - COWEN SATION/CONSIDERATION
3.1 The PARTIES agree that their respective obligations will be carfied out at no cost
to the other party.
Contract N. C-7425 - Page 3 of 7
LEGISLATION 9 of 44
3.2 Unless modified by tit Florida Legislature, the
' g ' e qcSCEeFundwillrece'vcash Proceeds resulting frm �
Adfigator Mley toll revenues in excess of the
requirements of FDOT descrikd L'a Chapmr 94- 115, Laws of Florida. Those
payments shall continue until aLl Payments required by this MOA� as modified, have,
been transferred to the DISMCT.
ARUCLE 4 - PROJECT MANAGEMIN OTICS
4.1 The Project Man agrr for the, ]DISTRICT is:
E. Barrett Atwood, Sf., C-P&1 DiFOUOT of Finance., or designee
South Florida 'far Management District
P-0- Box 24680 - 3301 Gua Club Road
West Palm Beach, FL 33416-4680
Tblephone (561) 687-6444 ax (561) 687-6436
4.2 The Project Manager for the FDOT ls:
ThOmas F. BarrY, RE., Assistant Secremy for Finance
and Administradon, or drsignee
Florida Department of Tramp ortation
605 Suwannez Street
Tallahassee, FL 32399-0450
Telephone (904) 488-6634 Fax (904) 4-
4. The PARTWS shy direct all matters "in g in connection with the performance of
this MOA. other than nodces. tO the aftndon of the Project Managers for attempted
resolu tin or action. The Project Managers shall be responsible for overaH
coordination and oversight relating to the performance of his MOA.
1
4.4 All ROtices to tho FDOT under th's MOA shall be in writing and had be deemed
received if sent by 00ftified mo, return receipt requested-t to:
Thomas F". BaiTy, P.E., Assistant Secretary for Finance
and Administration, or designee
Florida Department of Transportation
605 Suwannee Street
TaU see, FL 32399-0450
4.5 All nOtices to the DLSTRICT shall be in writing and shall be deemed received if sent
by certified mat
*1, row r=ipt requested, to:
E. Barrett Atwood,,Sr, C.P.A.!, it for of Finance, or designee
South Florida Water Management District
Attn: Division of Proctmment and ntract Administration
P. 0. 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 PARTEES shall also provi'de a COPY Of all notices to the respective projecc-
4
Managers. All notices required by this MA shall be considered delivered upon
receipt. Should either party change its ddim., written notice Of such new address
shall promptly bt Sent to the other party.
4.7 All correspondence CO the DISTRJCT under this MOA shaH reference the
DISTRICT'S Agreement Numter C-7425.
ARTICLE 5 - RECORDS RETENTION/OWNER-SEap
5.1 ne FIFO T the DIS CT shad mainu& records in aCMFdance with •applicable
Florida Statutes to include:
5. 1 .1 Maintenance of Records: The FDOT and the. DISTRICT •shall maintain all
cial and U0n-fiAaUCjaj =OrdS and rep ofU Ldirectly or indirectly related to the
negotiatl'
Ou Of PerfOrmance of this MOA, including supporting documentation for
an t011 rates, expenses or reports. Such records shall be mainW-ned arfd made
available for inspection. for 9L period of five years from completing performance
and receiving boLad and/or cash proceeds under this MOA.
5.1.2 Examination of R
ecOrds: Ile FDOT and the DISTRICT or designated agents
shall have the right to examm4e, in accordance with genemUy accepted
90vemmeaW audifing standards, all records directly or H&rectjy related to this
A. Such examination may be made only '
within five years from the date of
find receipt of proceeds under this MOA and upon masonable notice, time and
place.,
5-1.3 Ex tended Ava4bilitv of Records for Ujul Disoutes: La the event that the FDOT
or the DISTRJCT should become involved in a leg'a] d'*
ispute with a third party
arising frOm perfonnance under this MOA, the PARTMS shall extend the period
of mamten ance for all records relating to the MOA until the final disposition of
the legal disputc, and all such records shall be made readily available to the
FDOT or the DISTRICT.
ARTICLE 6 - STANI)ARDS OF COMPLIANCE
6A 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 in
attempt to advise the other party, upon mquest, as to any such laws of which it has
present knowledgt.
6.2 The laws Of the State of Florida shall 90vern all W5cts of tWs MOA.
6-3 The PARTIES shall allow pubfic access to aU project documents and materials in
accord anct. with the PrOvisions of Chapter 119, Florida Statutes. Should the
DISTRICT or the IFDOT assrrt any exemptions to the requirements of Chapmr I 19
COntract No. C-7425 - Page 5 of 7
LEGISLATION 11 of 44
and related Statutes, the burden of establishing such exemption, by way of injunctjvt,*--
or other relief as provided by law, shall be upon that arty.P
ARTICLE 7. RELATIONS HIS" BETWEEN THE PARTIEs
7.1 Each party is an independent contractor and '
Nothing in tbds MOA shall be - is not an agent of the other party.
InWrpreted to establish any relationship Other than that
of an independent conuwtor between the PARTIES during or �after���rf thisMA.Neither PARTY shall have the authority to bind the otheir PARTy
to any obligatiorl what-soever to any third p=y *thout
of the other PARTY. W1 the express wfitten consort
7.2 The PARTEES shaU nOt assign, delegate, •or otherwise tran f r its
obligations as set forth in this MOA, without the prior S e rights and
party. wntten consent of the other
ARTICLE 8 - GENERAL PROWSIONS
In the not any provisions of is MOA shall cOaffict Or appear to conflict, the
MOA, includm'g all hi its, attachments and all documents specificaHy incorporated
by reference, shaU be inMTreted as a whole to resolve any inconsistency.
8.2 Failures or wMers to enforce any covenant, condition, or provision of this MOA by
either party, their successors and ass' ns shall not be, deemed a
is a i w 'ver of any of their
rights or remedies, nor shall it relieve the, odier party from perfo uig any subscquent
Obli,gafiOns strictly in accordance with the terms of th. M rm
is OA. No waiver shall'be
effecdve unless in wnfting and signed by the puty agamst whom enforcemellt is
sough Such waiver sh&U be limited to provisions of this MOA spwl"ficany refermd
to therein and shall not b-c deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwiSe.
8.3 'ShOuld anY term Or PrOvision of this MOA be held, to any extent, Mvand or
unmfor=ble, as against any person,, entity or '
by force Of anY staEute., law, or ruling of circumstance during the term hereof,
invalidiry shall riot affect any o a-nY fOrum Of cOmpetent jurisdiction, such
ther term or provisl*on of this MOA, to the extent that
thO MOA shall remain Operable, enfo=able and in full force and effect to the extent
permltW by law.
8.4 This MA may be amended only with the Written approval of the PARTIES hereto.
8-5 This MOA states the entire end and agreement between the PARTMS and
suPeTsCodes any and all writtrn or on repr=ntafions, statements, negotiations, or
a
agreements Previously existing betwc= the parties with respect to the subject matter
Of d�is MOA. The PARTIES recognize. that any mpresentations. statcments or
negotiadons made by staff do not suffice, to legafly bind the PARTIES m* a
contractual relaUonship unless they have been reduced tO writing and signed by
authorized DIST' T p( FDOT representativ
C'phis MOA shall inure to the, bmefit.
CFmct No- C-7425 - Page
Itf 7
LEGISLATION 12 of 44
of and shall be binding upon the PA ES* � f -
in interest. �aassigns, and successors
IN S WHEREOF,the PARTIM or their duly authon'zed
this MOA on the date first wrimn above:
LEoAL JFoRm AppRovm
SIFWMD OFFICE OF Cpi1H5M, sovTx FLoRwA WATER MANAGEMENT DISTRICT,
BY ,ITS GOVERNING BOARD
BY."
By-. !b&_A —
Title: Deputy Executi Director
FLORA DEPARTMENT TRANSPORTATION'
B:
t Secretary for Finance and Adnfinistration
COntract NO. -7 - Page 7 of 7
Legal evi ear-
.'
[toms - DO
LEGISLATION 13 of 44
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LEGISLATION 14 of 44
1% 0A
2002 Everglades Consolidated Report
Chapter 8 D: M a nag Ing Fisca I Resources
Chapter 8D: Managing
Fiscal Resources
Mary Lou CL1I-1C11()
INTRODUCTION_
The information contained in t1ils chapter is presented to fulfill the requirements of the 1997
Everglades oversight Act (Chapter 97-258, Laws of Florida) as they relate to the porting of'
financial inform ation for the Everglades Construction P roj' re
ect (ECP). The 1994 Everglades
Forever Act (EFA) 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-1 through 8D-4.)
The EFA 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 (Chapier 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 al 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 Websile at
h tt D +' //www .:s fwm d go v/orwb u d/ec n�qtr I y/eQq t r I y. hi m 1). Multiple funding sources are
contem p I a! ed for the .Ever lades 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
Ever I ades Construction Proj ec I — F i n anci a I S c h e d u I e s. October 2 00 1 ).
1, 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 Eger lades Consolidated Reoort
W
SOURCES OF REVENUE mmmmft�
Ad Valorem Taxes Provide $32aO Million in FY2001
The EFA gives the District the author*
i ty to levy ad valorem taLxes of Lip to o. I M I I I withi n the
I I S e e
Okeechobee Basin for land acqu'sition., des4gn and construction of the FCP. A requir d by th
I
EFA, th*s will be the sole direct contribution of ad valorem taxes for the construction project. For
Fiscal Year 2001 (FY2001), net ad valorem tax revenues were approximately $32.0 million
I
I i tax revenue
(unaLid"ted) through September 30, 2001. A total of $279 million 'n ad valorem t nue
(approximately 32.2 percent of total revenues) is projected to be collected through FY2004 to
fund the ECR. The other funding sources designated by ffie EFA for the ECP include agricultural
privilege taXeS, rstate land funds, federal funds, excess revenues from Alligator Alley tolls, other
environmental mitigation funds and any additional funds that become available flor this purpose
from any other source.
EAA Agricultural Privilege Tax Raises $11n9 Million in FY200JL
To fund the first phase of the Everglades Restoration Program, the EFA imposes an annual
ral. trade or bus
tax for the privilege of conducting an a 9 irCUltuiness within the Everglades
Agricultural Area (EAA) and C-139 basins. The EFA specifies that the annual per -acre tax be
collected Through the normal county tax collection, process.
'rhe EAA agricultural pr*vilege tax rate ranges from a rnin*
priori imum 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, 200 1. 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 fret n one to four perceni, depending on the timeliness of
the payment. County pro cessing/col lection fees and cone missions further reduce the amount of
renudable to fund the ECP.
eve aval
The EFA encourages optirnal. performance of Best Management Practices (BMPS) (Chapter
I 1 0 e
3) to maxhize the reduction of total phosphorus (TP) loads at points f discharge from the EAA
by pro id ng, an incentive. credit against the Everglades agricultural priv i [eke 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 agriculturai privilege tax as follows-. $0.54 per acre for
tax notices mailed from November 1998 through November 200 1; $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 minimuln (hh. mininimii lax""). The EFA also
provides incentive credits to individual growers for inecting TP load or TP concentration
reduction targets. Individua[ parcels of property shall be subject tO the minimum tax if thc�y have
achieved the fo[IoM
ing annual TP load reduction standards- 35 percent or more for tax notices
mailed from November 1998 through November 200 I;r 40 percent or more for tax notices mailed
from November 2002 through November 2005- and 45 percent or more for tax notices mailed
from Noveinber 2006 through November 2013. In addition, any parcel of property that achieves a
8D-2
LEGISLATION 16 of 44
2.002 Everglades Consolidated Report Chapter 8D: Managing Fiscal Resources
�ftw
I TP Concentration of 50 parts per Hlion (ppb) shifll be
calendar ear.
subject to the min.imm utax in the next
y
EAA Vegetable Acreage
The EFA 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 Agriculttire
declares a state of emergency or a disaster due to natural cond4ions, payment of agricultural
privilege tax will be deferred one year, Since 19,94., when the tax went into cffect, this rovisi
has been applied once, in 1997. pon
C-139 Basin Agricultural Privilege Tax Raises $626r074 in FY2001
As specified in the FA, for the -year period between
e s
1994 and 2013 the total amount of tax to basessed annual ly wi 11 notexceed $65 4�656. Beginning in 2014, the tax Sri 11 be assessed
wrat the rate of $1.80 per acre. In F Y200 L. the net C- 139 Basin agricultural privilege taxes collected
ee $626,074 (unauditedthr
) ough September 30, 2001. 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 AlfToll Revenues Could Provide $63 Million
The EFA inI ides the legislative fl ndi ng that A I I igator A Hey, des Igiiated as State Highway 84
and U.S. Interstate Highway 75, contributed to the alteration of water flows in the Everglades and
affected eWlogical patterns of the historic Southern Everglades. The legislature determined it Is
ill the publ'c '
I Interest to establish a system Of tolls for Alligator ►Alley to raise money to hel
restore the nataral values lost by the highway's construction. p
Toll revenues must be split equally between the Everglades and Florida Bay pes 0.tion
rod y for these funds include the ECP- land acquisition to move
PrOjects. P 4ects that qualif t -
STA-3/4
out of the Toe�of-the-Boot (an, Everglades remnant area in the'Holeyland Tract at the South end of
the i EAA); water conveyance projects that enable more water resources to reach Florida Bay;
highway redesign to improve sheetflow of water I I ter , n
end neering design plans for wastewater treatment facffities for Florida Bay inarine wa s- aid
era s the S 0 u th e rn Everg] aides.
In 1996, the District and the Florida Department
authoritioof Transportation received federal
authorization to redirect the use of Alligator Alley to[ for these projects. The Department f
o
Transportation and the District entered into a Memorandtim of Understanding in 1997 setting out
the basis for depositing the funds in the Everglades Trus
transfer t Fund. Tw]
his as qu*ckly followed by the
and deposit of $17 million in excess toll money, representing thefirst transfer. These
funds were allocated based on EFA requirements. As such, the funds were split equally, at $8.5
million each, between the Everglades -Construction and Florida Bay projects. From FY1998
through FY20019 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
;L
r
LJ
Financial Statements (Unaudited)
LM• L J
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
d6
FLORIDA EVERGLADES PARKWAY
DEPARTMENT OF TRANSPORTATION
STATE OF FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
YEARS E N DE D J U N E 30, 2007 AND 2006
1. REPORTING ENTITY
The Florida Everglades Parkway (Parkway), also Icnow 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
("Depariment"), which is an agency of [be 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 fot 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 Govcrnmental Accounting Standards Board ("GASB") Statement No. 14, The
Financ rat R eporling En tity, for the pose of defl n i ng a n d re port ire g on the Parkway as -a financial report i n g
entity. Based on the criteria in Statement No. 141 the Department has determined that (here are no other units
that meet the en'teria for inclusion in the Parkway's financial statements.
The Department has also adopted GAS B Statement No. 20, Accounting and Financial Reportingfor
Proprietary FundT and Other Governmental Entities That Use Proprietary Fun dAccounfing. 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 Conu-nittee 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.
202 the Department has elected not to adopt any FASB statements is -sued 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 continuationof
tolls after debt service has been retired. Subsection 3 provides the Department of Transportation with the
ability to sell revenue bonds to frond 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 construction
of the Parkv contributed to the alteration of water flaws in the Everidades and affected the epcmological
43ACS.
patterns of the I FisFo-n-`51 sou 1hQW1xj=rA1
Per Section 338-26(3), Florida Statutes, 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 Watcr Management District for envirorimental 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 toli revenues from the Parkway as security for such
Ar bonds.
too
A0 4 irel
X
LEGISLATION 19 of 44
Schreck-Carol
From Hutton -Suzanne
tnt: Tuesday, October 13, 2009 11:53 AM
`ftwo-' County Commissioners and Aides; County Administrator; County Attorney
Subject.- RE: TOLLING THE KEYS
Just an FYI,
While there have been discussions in the past regarding the possibiifty of imposing a toll to enter the Florida Keys via
US1 , with the results noted by Ms. Lau ndstrom, I recently became aware that there is legislation which allows the Alligator
Alley 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 I 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
W .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
afteration 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
.rstem of tolls for use of Alligator Alley to produce needed financial resources to help restore the natural
'%Ptscurce values lost by construction of this highway,
(2) The Department of Transportat'lon 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 obfigations,, 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 maybe 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
O)tection Program Document for the Florida Keys National Marine Sanctuary.
LEGISLATION 20 of 44
(d) AAcquisition 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.
Other Everglades Construction Projects as described in the February 15, 19,94, conceptual design
xu nt,
(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 rotes. 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 Bair, 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 Lu ndstrom-Tanya ra
Sett: Friday, October 09, 2009 3:21 p
To 'TEBEEfN@aol .corn'
Ca CDunty Commissioners and Aides; astesi- oma rl
Subject: TOLLING THE KEY
Dear Mr. Beeman,
The tell on U 1 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 l highways, and the l ion'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
%6 fect all counties state-wide, not just Monroe, and it is not likely to be looked upon favorably by the Mate Legislature.
Thank you for writing with your concerns, please keep your thinking cap on, problem -solving ideas from our constituents
are always welcome.
3 ;"7 W" W i,a&roni
Tamara Lundstro
Executive sistant.
Commissioner Mario Di Gennaro
Monroe County Commissioner - District
00 Overseas Highway, Ste. 210
Marathon, FL 33050
Pin; 30 - 00
F a 305 289-4610
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LEGISLATION 21 of 44
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Sect Year. 2009 Go
The 2oog Florida Statutes
Title XXVI C haptj r _) Entire Chaptef
PU B LIC TPLANSPORTATI.0N FLORIDA INTRASTATE HIGHWAY SYSTEM AND TOLL FACILITIES
338.26 Alligator Alley toll iroa-d.
(1) The Legistature finds that the construcLion 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 roasts of Florida for commerce and other purposes. However, this
state highway has contribuLed to the alteration of water flows in the Everglades and affected ecological patterns of the historical southern
E vergi a ties. Th a Legi sl atu re has determi n ed th at i t i s appropriate a nd l n the 1pu bi i c i nteresL to est a bi I sh a syste m of tol Is for use of Al I i Bator
Al I ey to produce needed financial resources to help restore the natural resource values lost by construction of this highway,
() The Department of Transportation ks di rested to continue the system of toi I s on this highway. Notwithstandi ng the provisions of S.
33k.165( ) to the contirary! su ch tolI collections shall be used for the purposes of this section.
() Fees generated frorn tolls Shall be depmlted ire the Mate Tra:nsportatlon Trust Fund, and any amount of funds generated annually to
exams of that required to reimburse outstanding contractual obligations, to operate and maintain the highway and toll facilities,, in*luding
reconstruction and re-sLoration, and to pay for those projects that are funded with Al I' gafor Alley toll revenae� and that are cDntatned in
the t993-1994 adopted work program or the 199 -1995tentative 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 projecLs undertaken pursuant to s. 3.4592 in the Everglades Trust Fund pursuant to s. 373.45926(4)(a). Any funds
remai nrng to the Everglades Fund may be u 5e. d for en v 1ronrnentaI projects to restore the natural vaIues of the EvergI a des, subject to
compliance with any applicable federal laws and regulations. Projects shall be limited to
a) High qua Y rules] g n to al low for I mprov ed sh eet fl ow of water across th a southern E verglw a des,
(b) Water conveyance prey to enable more water resources to reach Florida Bay to replenish marine estuary functions.
(c) Erti g i n eed ng de si gn pJ a n s for wa ste+ ater treatment fad I i b es as recomm e n ded i n the 'water Q u a I ity Protection pr+ogra m moment fec
the Florida Keys National Marine Sanctuary.
d) ,Acqu isi ti on of 1 a n ds to move STA 3 4 out of th a Toe of th a Boot, prov i daed such la rids a re located wi th i n 1 m I I e of the n or thern border
of STA 3/ 4 .
(e) Other Everglades Construction Projects as described bed In the February 15, 1994, conceptual design document..
(4) Th a d stri ct may i ssue seven ue bonds or notes u n der s. 373.584 a n d pl edge the r-even ue f rom th a transfers from the A] I1 tco r Al I ey tc4l
reven rRrr+es as securi ty fo r su ch bonds o r rotes. Th e p roceeds from su ch revery u e bon ds or rotes sh a I I be used for a n v i ron menta I projects; at
Ie,ast 50 percent of said proceeds must be used for p roj ecLs that benefit FIorIda Bay, as described i n this section subject to resolutions
approvi ng su c'h acti v ity by the Boa rd of Tr u steel of th e I n tema$ I m provement. Tru st 1~ a nd a rid th a govern i n g board of the South F I orl da
'water Management District and the remaining proceeds must be used for restoration activities In the Everglades ote+dtion area.
Copyright 4D 1 -2UO9 The Florida Legislature - Prh%nf State rrt ■ Contact Us
LEGISLATION 22 of 44
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Select Year: 2009
It The 2oog Florida Statutes
Go
Title XXV111 Chapter 373 View Ent -ire
NATURAL RESOURCES; CONSERVATION, WATER Chapter
RECLAMATION, AND USE RESOURCES
373.45,926 Everglades Trust Fund; allocation of revenues and pond Lure 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
C
4 onstru CtIon 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. 373.036(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 Legisiative 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 vvhick 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-F :S. 13, ch. 2005-36,
Disdaimer: The i nfo rm ad on on this stem is unv e ri f i ed. The j ouma Is or printed bi Us of the ves p ec t I v e chambers should be
consufted, for official purposes. Copyright 0 2000-2006 State of Fbnida.
LEGISLATION 24 of 44
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Statutes & Consti tiA i on : Vi ew StaWs : f1semte - gov
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Select YearK: 20091
The 2009 Florida Statutes
WOO,
Title XXV11 I Chapter 373 View Entire
NATURAL RESOURCES; CONSERVA-HON, WATER C
RECLAMATION, AND U-SE RESOURCES
373.4S92 Everglades improverent and manage ment.--
(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 E. 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
Ba . It is the intent of the -,Legislature to expedite plans and programs for improving
water quantity reaching the Everglades, correcting long-standing hydroperiod problems,
increas.ing 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 BIB! Ps, 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) DEFINITION.S.--As used in this section:
(a) "Best available phosphorus reduction technology" or "BAPRT" means a combination
of BM:Ps 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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M "Everglades Agricultural Area" or TAA" 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 protects, regulations, and research
provided by this section, including the Everglades Construction Project.
(i) "Everglades Protection Area" means Water Conservation Areas 1, 2A, 2137 3A, and 4.01
3131 the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and the Everglades
National Park,,
0) ki Long -Term Plan" or "Plan" means the dlstricL's "Everglades Protection Area
Tributary Basins Conceptual Pian 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.
(1) 11 Optimization" shall mean maximizing the potential. treatment effectiveness of the
STAB through measures such as additional compartmentalization, improved flow control,
vegetation management, or operation refinements, in combination with improvements
tv where Practicable in urban and agricultural BMPs, and includes integration with
congressionally authorized components of the Comprehensive Everglades Restoration
Plan or TERP" d.
(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).
(o) "Stormwater treatment areas" or "STAB" 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) "Tech n o I ogy- based eff I u e nt 1imitation'" or '713 E L" means t h e tech n o I ogy- 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. 259.101(3)(b) may be used for acquisition of lands
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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 Construct -Ion Project relating to the responsibilities of the
W 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 ofoptimizing 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 STAB 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
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 Malt. 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 Areal,
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 1-ear 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
prolects by the department.
(e) The Long -Term Plan shall be implemented for an initial 13-year phase (20,03-20-16)
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.f and each 5 ye-ars
thereafter, the department shall review and approve incremental phosphorus reduction
f1r.!r_:RR_W4*
(4) EVERGLADES PROGRAM.—
(a) Everglades Construction Project. -The district shall implement the Everglades
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0 -9
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 STAB 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 OJ 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 Pro)ect,. Notwithstanding
the provisions of s. 200.069 to the contrary, any millage levied under the 0.1 mitl
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(l), 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 'TAB 1 East, and STA 1 West if so authorized by federal law;
2. Construction of STA I 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 I 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;
on
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 agricuttural
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 year 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 Ell P 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 f 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 aliocations and reservations of
water shall be governed by applicable law.
7. The district shall proceed to expeditiously implement the minimum flows and ievels
for the Everglades Protection Area as required by s. 373.042 and shall expeditiously
complete the Lower East Coast Water Supply Plan.
(c) .ETA 314 modification. —The Everglades Program will contribute to the restoration of
the Foote nberger and Holey Land tracts. The Everglades Construction Project provides a
first step toward restoration by improving hydroperlod with treated water for the
low 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 a n d m on itorin g 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 TAs, 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 BM Ps 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 STAB, including research to reduce outflow concentrations,
and to identify other treatment and management methods and regulatory programs that
are superior to STAB 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.
6, The district shall continue research seeking to optimize the design and operation of
STAB 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 STAB 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 STAB.
(e) Evaluation of rater quality stars da rds. - -
1. The department and the district shall employ all means practicable to complete by
December if 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 appOcable to the Fverglades 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
crit-erion by December 31, 2003. However, in the event the department fails to ad -opt 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 (pp b) 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 RAP 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 anti degradation requirements. Moderating provisions
authorized by this section shall not extend beyond December 2016 unless further
authorized by the Legislature pursuant to paragraph (3)(d).
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 BAIPRT and shall
include tech nology- 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 anti degradation 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 vvtiter quality standards and rest + oring and
maintaining designated and existing beneficial uses. The program shall include an
analysis of the effectiveness of the BM Ps in treating constituents that are not being
significantly improved by the TAs. 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
I%W Code, may be amended to include the BMPs re ired by chapter 40E-63., Florida
Administratirve Code. Prior t o 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,
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shall sponsor a program of BM research with quail fled experts to identify appropriate
BM Ps.
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 BM -design and effectiveness.,
c. BMPs as required for varying crops and soil types shall be included in permi t
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 STAB 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. Per mittees 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 th-an those req U ired 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-F and
b. New land uses and new Stormwater management facilities other than alteration tc.
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.
S. 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 wFrith 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:
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.
"Board of trustees" means the Board of Trustees of the Internal IMprrovement Trust
Fu nd.
3. "Designated acre f" as to any impacted farmer, means an acre of land which is
designated for STAB 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 vegetabie 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 1935/1935S.
(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 20og Florida Statutes
Tide XXVI Chal2ter 334 View Entire Chapter
PU B LIC TRAIN S PO IATIO N TRANSPORTATION ADMINISTRATION
334.30 Public -private transportation fac*1Ht*1es.--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.
(1) The department may receive or solicit proposals and, with legislative approval as
evidenced by approval of the project in the department I 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 10-ye-ar 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 intanigible 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 appli"cable. The private entities or
consortia thereof must also register and coliect 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 follorWing 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 fui ture ncrease 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 exis.ting 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.
(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 locai comprehensive
plans; department rules, policies, procedures, and standards for transportation facilities; and
any other conditions r 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, , 337AA 337.141t 337-145, 337.175t 337.18, 337.185r
337.191 337.221, 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
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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 pro -poser.
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
ti mes .-
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 states 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.
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(9) The department may enter into public -private partnership agreements that include
extended terms pro riding annual payments for performance based on the availability of service
or the facility being open to traffic or based on the ievel 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
Fundbeyond 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 I in coordination with the local metropolitan planning organization, shall
prioritize projects included in the Strategic Intermodal System 10-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 Intermodall System, included in the metropolitan planning
organization cost -feasible transportation improvement plan and long-range transportation
plant
(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
5 of 11/3/2009 11 -W3 6 AM
Statutes &Constitution Niew Statues :->.2.009->Ch0334->Secflon 30 .., http: //w w w. I e g. state. 11. us/Sta t /1 ndex. c fm 9.App_mode=D i s p I ay—S tat
n
History.-S. 1, ch. 191 - 160; s. 67, ch. 93 -164; s. 21, ch. 95 - 2 5 7; s. 7, ch. 99 - 2 56 -r s. 5 2,, ch. 200 2 - 2 0; s. 6, ch. 2 004- 366; s,
50, ch, 2007-196; s. 19, -ch. 2-009-111,
Copyright c 1995-2009 The Rorid a Legislat ure -* Privacy Staten vnt a, Contact Us
LEGISLATION 41 of 44
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Sehatofwmnts endowment fund to lease Ail ligpior Alley -St. Petersburg... http://www.tampabay.con-Vnews/politics/.state/`senator-wants-endowffie,,.
tampabay.com Know it now.
I%w Senator wants endowment fund to lease Alligator
Alley
Steve Boqsqu , 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 Affigator Alley to a state -run endowment fund.
Senate Majority Leader Dan Webster, R-Winter Garden, said the idea would bolster a state health care progrards 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
econon-ry. The endowment would recoup the $500-million and much more by collecting the tolls over the next 50 years.
IP
"It's like investing in a stock, but in my mind this would be far more stable, said Webster, adding that the endowment's
investn-ent 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-0
Webster, who is in the final year of a 28-year career in the Legislature, is viewed by his co -I leagues 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 Grist and the state transportation agency support the idea, but he has not yet discussed it with
the House -
Rep Dean Camnion, R-Winter Park, who oversees transportation spending in the House, said he did not know enough about
Webster's proposal_
'"marts 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
1 of 11/3/2 009 1 A I PM
Senator wants endowment fund to lease All i g ga to r A I ley - St. Pete r s b Ur hap, //w w w. tarnpabay. con-Vnew s/p o I i ti c s /s tate/s en ato r- wants - endow me
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, lb 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 to 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 Flonida Forever land -buying program -
Senators also will agree with the House's plan to divert some transportation money for other uses, but the $330-milliota is half
of what the House proposed.
Time s sta ff wn-ter A / ex L ea ry con tributed to this report. Ste ve Bousquet can be rea shed at bousquet@ sptimes. coo or (850)
224-7263,
C 2009 - All Fights R e served a St. Petersburg Times
490 First Avenue South a St. Petersburg, FL 33701 - 727-893-8111
Contact Us j ,loin Us I Advertise with Us I Subscribe to the St. Petersbum Tins
Privacy Policy I Standard of Accurara J Terms. - Coin dWons & C pydght
LEGISLATION 44 of 44
Tolling US1 /Monroe County
FUNDING OPTIONS
M atecu m be Key 1938
Tolling US1 /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 (Benclan Schlauch /Governing /August 2009)
FUNDING OPTIONS 2 of 29
Tolling US1 /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
i
E_�
routes to a Toll Rnelc
PO ii
Maryland Florida Virgna
Intercounty
Connector
Cost: $2.6 billion
Completion: Fall 2012
1-595 Expressway
Cost: $1. billion
Completion: Spring 2014
The I ntercou nty Con nector wiU To pay for expans i o n of thi ts B ro
be the firs-t major east -west high- ward County highway, Florida is
way in the suburbs north of Wash- using an I-lavailabi pity payment"
ington. D.C. Maryland iS LISilig
model, the first time this financing
public nioney to cover the road's
schc--ine that is popular in Europe
$2.6 bi 11 ion cost, a ii d i s usi ii g a vari -
will lie .used in the United States.
able -pricing schem-e that "rill charge
A comortium of private investors
ni otori s- is higher to [Is d u ring rush
led by ACS Infi-astructure Develop -
hour and other busy tunes. Maryland
men will pay to improve 10.5 miles
will retai n ful I owne rs h i p of the
u f the ex isting road a n d a dd to I led
highway, control the toll rates and
express I anes. The eon sortiti m a I so
receive 100 perc en t of the to I I rev-
will cover operatio n.-md maintenance
enue. That also means Maryland
of the highway once construction is
is on the hook for the road's
completed. In exchange, Florida will
operating and maintenance
pay the investors more than $1.8 bill on
costs, as well as any increase over the next 35 years, essentially rent -
in construction expenses. ink the highway back from the private
entity. Florida will retain a fair amount of
Management Control, however. Payments
are contingent on the contractor meeting
certain performance standards laid out In
the con tdiet, And the state will malintal"
power to set the to] I rates, and keep sole
rights to the revenues. mmam�
I-495 HOT Lanes
Cost: $1.9 billion
Completion: Early 2013
'i rM n1a - turning to private
"is
partners to expa n d 1-495 -the
Wishlington Beltway —With
express ton I.Mles. Virguquia is
res po nsiblc- fo r I e ss than ogle -fifth
of the pro ject's cost, or roughly
$400 million, and is off the hook
for any of the p J "ecrs debt. Two
r0
companies, Fluor and Transurban,
w iI finance the remaining costs,
i n cludli ng fu tare mainte nance
expense s., in exchange for a lengthy
75-year lease on toll revenues. The
companies are allowed to charge
whatever price the market wil I bear
in order to ma i ritein constant spa
of at least 45 mp.h. Des p i to cedi ng
wide control over toll rates to the pri-
vate see tor, Virg; n is will rota i n own er-
ship o f th e highway an d will recei ve
tip to 30 1-st-rcent of toll revenues once
the co ni Pa ni Sys' return o n investment
exceeds 8 percent.
36 GOVERNING ' \ugqW20()()
PiKem ULU 60vt
in and const
drivers_ a tnti
WdRINITUAIERM
Texas
State Highway 130
Cost: $1.4 billion
Completion: 2012
, new
ion-ruau mou,
edit crunch
has sloe
-nierships,
several f
ply when
the econo
In other
words, thi
tds, Only
the future
for hit
1di ng them i
California
South Bay
Expressway
Cost: $840 Million
Opened: November 2007
Afflerl'111111 U
8.
8101.90
Virginia
Dulles Greenway
Cost: $350 million
Opened: September 1995
Texas built the first stretch of Facing a critical need fora new Built in the early 199 Os, the 14-ini le
State H ighway 130 as anitdtvnia-
highway south of San Diego, Cali- Dulles Greenwiiy west of Wash-
tive to the congested 1-35 near
forma solicited private par biers ington, D.C., isn't new. But among
Austin. Now, the state Iis partner-
that could complete a toll- road IL
modern toll roads, it rid snains the
in, with Zac h ry A merican'l n fr,-i -
project on an accelyrated timeline.
purest form of a privately owned
structure mid Spain -based Cilltl%l
I i i exch.1 nge fir r a 35 -year lease,
fi, i c i I i t y 'in th e Un ifted States; i n factsr
to fintsh constructing thrL% rear aill-
the Austral 1 ,,t i i -b a sed M acqu arie
M acqu arile recently bought the h igh-
ing 40 miles of the 91-mile toll road.
Infrastructure Group put up $635
way from its pmwious owner for $615
The companies will finance most
million in private fanding f6r the
mi 11, ion. The road! rest-i ves no public
of the $1A billion project, whieb
$840 nil I I i on project. A s part o f the
fu ndin& so a] I ni A n t ona nce and oper-
they will cape rate turd maintain, ZA T
agreement, the company must pay
a tin g costs a re covered by M acqu;i ri c
and Ci n n-4a a I so pa i d Texas $26 mi 1-
for maintenance and operating costs,
through monles- collected from
Itioln. upfront for 50-year lease on
including highway patrol services.
tolls, Like electric companies iind
the right to collevt an d keep to] I rev-
But tliv coiiipany has the power to set
other util It i (-is, the private h igh-
enues. Tex as ma i n to ined. %'.0M e public
toll ni tes to wha tever the market wl' I I
way is, regulated by the Vi inia
rb
control over to 11 s by c -i p pi ng bikes at
huar, independent of state oversight.
St ate C orpo ra ti o n C ow mis-
the rate of growth of state domestic
The only restriction is that Macqua-
son, which I s responsible for
product. And Tex --is could share in the
ries return on investment is capped
at setti ng the ra t c of rew rn for
toll revere ues i f c c t-t;i i 11 benchr" q r k s
a generous 18.5 percent. if the company investors. As putr the orligri-
an-breached. But the re a re n' sks: I f the
inakes more than that, a re%vLtnue-sir ar- nal agreement offerhig the
private company defaults on its loans or
ingagreement nth the state L' *E c k s i n. Greenway's builder the
is unziblue to complete the project, Texas
right- of -gray, the- toll road
is responsible for paying off the resulting
is %L I i c cued to reve rt to
debt and comp I etingconstruction itself.
state coparol in 20.56.
I
- W.P
AlIgust 21009 GC-Vrr-.NIN(:l 37
aAllfn� !r
Public Private
Partnership Practices
rrr
Marsha Johnson, Director
Office of Financial Development
Alexis Yarbrough, General Co
Greg Sch'iess, Manager
Strategic Initiatives
Overview
RMMTIT7� i Far
• Alligator Alley Concession Summary
Overview
• Florida's P3 Process
• Solicitation Process Overview and
Schedule
• Florida's Sunshine Laws
Concession Summary
and Overview
r-4
�a -
-
Con e ion Agreement
M -1 61 roun
7111J, B kg d
, UI I ILI
L '� ',
• The Concession Agreement will be consistent w
current US market practice for brownfield toll ro(,,
concessions
• FDOT has designed the RFQ/RFP process bas(
best practices from similar transactions:
— Proposer comments will be solicited to enhar
— The RFQ/RFP timeline provides for meaning'
discussion with Proposers through one -on -or
meetings and limited rounds of written comm
�r
A111 a
g......tor Alley Conce 14
Overview
�""'�-M� .ur,�T -3 _.....��.�ra� a€. a �` w •. - 1 I I
• Commercial parameters are currently being deVE
is Goal is to balance the following:
✓Maximize Value to the State
✓Protect Public Sector Interests
is The terms contemplated are summarized in the i
slides
is Terms remain subject to change and will be finali
RFP Stage.
I
Alligator Alley (Everglades Parkway) (1-75):
■ 4-lane, 78 mile toll facility
1.
Asset Leased
■ From Naples and Fort Myers in Collier County
■ To Ft. Lauderdale and Miami in Broward and Miami -Dade Cou
2.
Term
Term options under consideration range from 50-75 years
Right to toll revenues over the term of agreement. Ancillary reve
3.
Right Granted
permitted under this concession
■ Concessionaire must operate and maintain the facility to a pre
with current standards
4.
Obligations
■ Operating and maintenance standards will be specified in the
Agreement
■ Toll Rates will be regulated by the Concession Agreement, bo1
increases and indexation
5.
Toll Rate
■Options with respect to increases in current toll rate levels are
considered.
■ Details will be provided at the RFP Stage
Concessionaire will be required to make an up -front pre-p,,
Details will be provided at the RFP Stage
By statute "a negotiated portion of revenues from tolled or
projects must be returned to FDOT"
Details will be provided at the RFP Stage
Unplanned refinancing gains may be shared with FDOT.
Details will be provided at the RFP Stage
FDOT is currently considering the option of providing the
an initial period (e.g. 3-5 years) through the Turnpike for
After initial term, Concessionaire will have the right to re-r
agreement with the Turnpike or assume the tolling respor
10.
R•`Y.Ti iT�Ti�! \ I �a�L TOT41,
Tolling Infrastructure
udmruic
■ Concessionaire will be required to operate and maintain tc
■ Must be compatible with the rest of Florida's Turnpike Sys
■ Conversion to fully Open Road tolling by a certain date
■ Must maintain level of service in line with operating stand
the Concession Agreement
■ Details will be provided at the RFP Stage
■ No significant mandatory capital projects (e.g. road widen
11. Capital Plans the Concession Agreement may require either retention b
to the Concessionaire of several smaller scale projects
■ Asset will be handed back to FDOT at the end of term
■ Asset must be in apre-defined handback condition
12. Handback 0 Handback condition must be similar to the condition in wr
handed to Concessionaire at beginning of term
■ Details will be provided at the RFP Stage
Florida's P3 Proce
ss
Florida's P3 Regime
Illl��llliil�l�ulllll�����'111
14�
ir
F
• Existing statutes and past practice provide a tested framework for I
• Florida's P3 statute (Ch. 334-30, F.S.)
— Permits the concession and lease of existing toll roads such as Alligat(
— Provides aroad-map for the procurement of P3 concessions, which pr(
to the Proposers as to the process and requirements
— Authorizes tolling increases (by reference to Ch. 338.165, F.S.) and set
procedures for implementing such increases:
• Must at a minimum be indexed to CPI or similar inflation indicators, but may
such levels by departmental administrative rulemaking, which FDOT will be
• Be raised no more than once a year and at least every five years
• Under the P3 statute, the Legislative Budget Commission may be r
review and approve the award
• FDOT's payment obligations are subject to appropriations under CI
339-135(6)(a) F.S.
— All Florida Pas to date (e.g. POIVIT, 1-595) have been successfully solic
meeting this requirement
Solicitation Process
Overview and Schedu 4
Solicitation Process Overy
:� P -
I r1l,
April 30 — June 30, 2008 �„�,� July 1 to December 31
RFQ
• RFQ and RFQ Data access will
be made available to all
potential Proposers
,,Submissions requirements
include financial and technical
qualifications and experience
• FDOT will short-list parties
based on those who are
deemed to be "best qualified"
RFP Stage
• RFP and Draft Concession Agre
issued to short-listed parties
• Electronic RFP Data access will
• Opportunities for physical due dl
offered
• One-on-one meetings will be he
commercial terms
• Concession Agreement to be fin
to short-listed parties
• RFP will require submission of b
appropriate bid deposit/letter of
• RFP evaluation will be primarily
financial offer
• Financial Close to be achieved �
announcement of preferred prod
may be subject to statutory appr
Legislative Budget Commission
e
T Om ri Iry
Milestone
1. Industry Forum
Antil
April 24, 2008
2.
Issue Request for Qualifications ("RFQ") Document
April 30, 2008
3.
Summary of Qualifications Submissions Due
May 31, 2008
4.
Announcement of Short-list
June 30, 2008
5.
Issuance Request for Proposal ("RFP") Documents:
• RFP Document
0 Project Information Memorandum ("PIM")
• Draft Concession Agreement
0 RFP Data Room
July 1, 2008
6.
Initial Concession Agreement Comments Due
July 21, 2008
7.
Proposer One -on -One Sessions
August 1-15, 200
8.
Issuance of Final Concession Agreement
August 30, 2008
9.
Submission of Proposals Due
September 30, 21
10.
Announcement, LBC Approval, Award and Financial Close
October 1 — Dec(
Florida's Sun
shine Law.
Florida's Sunshine Laws &
ru �� f µ ��� —s.. � .-.�.,u,� a ii�� i ii��a���������w�� J �➢ ..oE-�rey� `
i
I —,LA
• Transparent Process
— Florida is the " Sunshine State"
— Two Sunshine Law Statutes
• Public Meetings (Section 286-011, F.S.)
is Public Records (Chapter 119, F.S.)
• One on Ones will occur during this t
di0 scussion, not decision -making
• Fair, Open and Competitive
• Best Value Approach
Florida's Sunshine Laws &
-
7
-
�,�.�
• RFQ Issued
• "Cone of Silence"
— Once RFQ is Issued:
• Restrictions on potential proposer contact with FDA
management and staff
• FDOT will not talk about or take comments from oi
proposer about another proposer
• "Cone" covers Evaluation Team members, Selecti(
members, those "Up Line"
• DOT will evaluate the submitted informat
Florida's Sunshine Laws &
-
-
�,�.�
I -,LA
• Firms will be short-listed
• Short-listed firms will be posted
• Request for Proposals will be issues
short-listed firms
• Proposals move to " Sunshine " after
days
Florida's Sunshine Laws &
JJ__ 11
.�_ i�c we_e� idi�dlYl'�dY�o
• Once in the Sunshine, all non-exem
information subject to review
• Proposals will be evaluated
• Proposals will be ranked
• DOT will finalize the agreement
'I'
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Tolling US1 /Monroe County
REVENUE
3.
M atecu m be Key 1938
Tolling US1 /Monroe County
REVENUE
CURRENT REVENUE [CARD SOUND ROAD]
There is a $1 toll each way on Card Sound Road. These revenues averaged $1.5m 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: U51 (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 US1 will increase.
TOLL COMPARISON (within Florida) (Numbers do not reflect discounts, surcharges etc.)
Pinellias Bayway (St Pete)
North and South bound tolls
Sunshine Skyway (Tampa)
North and South bound tolls
Garcon Point Bridge (Pensacola)
One-way toll
Sanibel Island Causeway
One-way toll
$35 and $.50 respectively
$1.00 each way
$3.50
$6.00
REVENUE 2 of 8
Tolling US1 /Monroe County
REVENUE
Toll Der Mile of HiRhwa
Alligator Alley
$0.032 per mile (cash toll)
Florida Turnpike Mainline
$0.075 per mile (cash toll)
Orlando -Orange County Expressway
$0.11 per mile (cash toll)
Florida's Turnpike Expansion Projects
$0.13 per mile (cash toll)
Tampa -Hillsborough Expressway
$0.20 per mile (cash toll)
Miami -Dade Expressway
$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
CALCULATING TOLL REVENUE
POTENTIAL TOLL - GROSS REVENUE
TOLL:
Card Sound Road
$1
$2
$2.50
$3.00
Average Daily Traffic (based on revenue)
2000
Annual Traffic (Daily x 365)
730,000
$730,000
$1,460,000
$1,825,000
$2,190,000
18 Mile Stretch
Average Daily Traffic SOUTHBOUND (FDOT 2008)
8,600
Annual Traffic (Daily x 365)
3,139,000
$3,139,000
$6,278,000
$7,847,500
$9,417,000
TOTAL 31869,000
$3,869,000
$71738,000
$9,672,500
$111607,000
$:
NOTE: Revenue does not reflect discounts (SunPass, Commuter, Resident, etc) or multi -axle (boats & trucks) weekend surcharge, etc.
Card Sound Road Revenue -ACTUAL
FY 09 YTD Jan - May
$747,893
FY 08
$1,458,415
FY 07
$1,565,905
FY 06
$1,166,093
FY 05
$1,221,865
FY 04
$1,213,606
* 50% of round trip numbers / actual southbound numbers are unavailable (no evidence FDOT has not done a metered count).
** Even at $6.00, the per mile cost of a toll in Monroe County would be the lowest in Florida at $0.03 per mile ($6 / 200 miles).
f-
0
REVENUE 5 of 8
4
r*
C5
60)
go
LO
ru fw
z.
LT
is
311 a An
00
it
Total daily
SOUTHBOUND traffic
8600 along 18-mile
stretch 40
F Neu
res n clude truck and mu Iti-axle veh ides a s I veh id e (11 of C 0 Ll n to d by a x I e)
REVENUE 7 of 8
FLORIDA DEPARTMENT OF TPANSPORTATION
20D8 ANNUAL AVERAGE DAILY TRAFFIC REPORT - REPORT TYPE. ALL
�w COUNTY MONROE
SITE
SITE TYPE DESCRIPTION
D001 SR SIUS-1, 400' S JEW FISH CREEK BRIDG
0002 CK 905, 400' N SR 5/TJS-I(N KEY LARGO)
0004 ATLANTIC BLVDo 200' E WHITE ST
0.009 SR 5/US-1, MM 6.5), 400' N OF BOCA CHICA CHAME
Colo SR 5/US-1, 200' N OF ROCKLAND CHANNEL, BRIDGE (M
0016 SR 5/U3-1, BOO, N CK 940(NORTH LEGS
0020 EATON ST. 200' W MWAL ST
0023 ]DUVAL ST, 200' N SR SMS-I/TRUMAN AV
0025 WHITE ST, 200' NW SR SIUS-1/TRUMAN AV
0026 WHITE ST. 200' SE SR 5/US-1/TRUKhN AV
0028 KENNEDY BLVDo 200' S SR 5/TJS-1/ROOSEVELT BLVD
0029 ]BYRD RD, 200' N SR 5/US-1/ROOSEVELT BLVD
0030 COLLEGE RD, 200' N SR 5/US-1/OVERSEAS
0045 SR 5/US-1, 200' N KEY VACA HRIDG
0046 KEY COLONY BCH CSWY, 2001 S SR 51US-1
0048 MACDONALD AV, 200' SE SR S./US-I(STOCK ISM
AST
DIRECTION I
DIRECTION 2
TWO-WAY
N 8400E
S 8600E
17000 F
N 2200
S :2100
4300 C
N 2700
S 2900
5600 c
N 12000
S 11500
23500 C
N 10DOO
s 10000
200100 C
N 8100
s 8200
16300 C
N 270D
S 2600
5300 c
N 330D
S 3300
6600 C
N 2700
S 2900
5600 C
N 3700
S 4100
7800 C
N 3500
S 40DO
7500 C
N 3100
s 310O
6200 C
N 2000
S 1600
3600 C
N 12500
S 12500
25000 C
N 3200
s 3200
6400 c
N 4700
S 5500
10200 C
EK" Dliawmm " [) m DF-MAND mT"
FCTR K100 FCTR D100 FCTR
10.45F 9.81 54.96E 52,82 10.91F
10.45E 9.81 54.98F 52.82 8.56E
10.45F 9.81 54.98E 52.82 8.56F
10.45E 9.81 54.90F 52,82 IOAlF
10 . 45.F 9,81 54�98F 52,82 10.91F
10.45F 981 54,98F 52.92 10.91P
10.45F 9.81 54.98F 52.82 8.56E
10.45F 9.81 54.98F 52.82 8.56E
10.45E 9,81 54.98F 52.82 8.56F
10.45F 9,91 54-98F 52,22 856F
10,45F 9.81 54.98F 52.82 'R.56F
10,45F 9.81 54.98F 52,82 S.
10.45F 9.91 54,98F 52.82 8.56F
1D.45F 9.81 54.98F 52.82 10.91F
10.45F 9.81 54.98F 52.82 8.56F
10.45F 9.81 54.98F 52.82 8.56E
SITE TYPE P= PORTABLE; T= TELENIETERED
Air FLAGS C= COMPUTED; E= MAXUAL EST; F= FIRST YEAR EST; Sm SECOND YEAR EST; T= THIRD YPAR EST- X= UNKNOWN
*K/D' FLAGS A= ACTUAL; F= VOLUME FCTR CATG, D= DIST/FUNC. CLASS; V= PRIOR YEAR; Sc STATE-WIDE DEFAULT; W= ONE-WAY ROAD
wT1 FLAGS = A= ACTUAL F= AXLE FCTR CAT ; D= DIST/F=C. CLAM+ Pz PRIOR YEAR; S;-- STATE-WIDE DEFAULT; X= CROSS -REF ERE2-.'CE
NPR-2009 10:40:35 PAGE -679- OF -739- 622UPD [1,D,0.21 6_90_CAADT..TXT
REVENUE 8 of 8
w
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WNW
M
Tolling US1 /Monroe County
10 QUESTIONS &ANSWERS
M atecu m be Key 1938
Tolling US1 /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
Sanibel Island: (FDOT numbers (2008) indicate Sanibel Island's daily bridge
traffic is 80% of Florida Keys' southbound traffic on 18-mile stretch and Card
Sound Road combined.)
➢ Current Sanibel Island 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 Mouse!
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. "If you 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. Atoll may help offset potential negative
impacts of day-trippers.
10 QUESTIONS $ ANSWERS 2 of 5
Tolling US1 /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.
0 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.
0 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.
10 QUESTIONS $ ANSWERS 3 of 5
Tolling US1 /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.
0 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.
➢ Reduced rate passes could be purchased in Monroe County.
➢ AETC could electronically charge different rates based on certain vehicle
information.
10 QUESTIONS $ ANSWERS 4 of 5
Tolling US1 /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.
0 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?
0 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.
0 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 Archie Search
http :11 s ec ure . flor i dakeys . c om/keys new s/archives/anti c l e. cfm?arti c l e_i .. .
.e
IIIWIDAV` K I..N
k.. ey-snews.com
The Florida Keys Only Daily Online News
December 29, 2009
Current Stories New challenges, direction in village - 12/26/2007
Mile Markers
Back to Sea rdi P,&:=; ,ylks lic�C here for
Crime Repo Five Day Forecast
By Robert S i l k
Free Press Staff
Editorials
omme In Islamorada, 2008 could start with a bang.
Letters
Citizen's ' i But as the year progresses, the village will once again grapple with
fami I iar issues -like sewers and tightening budgets, local leaders say.
ift
Meanwhile, growing crime rates are likely to persist, according to the
Tc`day Mc" village's chief law enforcement officer. From 5-star
Scores & More
Capt. Don Fanelli of ltislamorad; L says the slowing econ my, heavy resorts to
hone bUilding in soLith Miami -Dade County and decreasing home, scenic camp
Ths week prices there have c o ntr i butcd to the recent uptick in crime, which ground,
Columns
manifested itself prominently in Islarnorada recently with a duo of you'll find it
Tech Talk robbery -arsons and an attempted homicide at C��conut C ove resort. all in our
guide t
Siz Ikedga Fanelli said the chmiges in Dade,: will h Uiy continue to bri no more 1Qd ing
Real Estate Net day-trippers to the area and that means mo rc crime.
"If you look at our statistics, a lot of our arrests are Miami -Doric It doesn't get any
Uem'yle people,,, he said.
better than this
Hones Tightening law enforcement budgets will make combatting any crime Watch the sunset from
Columnssurge difficult, he added. Mallory Square, even if
you are stuck in
But the news for the v i I I age is far from all bad as 2008 gets under Wisconsin. Or enjoy a
way. virtual Margarita at Sloppy
Features Joe's.
Starting on New Year's Day, viewers from around the county will be
Columns learning about Islamorada through the Home & Garden Television heck out our Kas Web
Cu Zr 7 Dream Home sweepstakes. The Dream Home, located within The Cams.
'-�-���`" Shore development on Plantation Key, will also be open for visits
'View Photos from Jan. 3 anti I March 2.
Z 0Z a, s r a . Officials expect thousands to walk through the home's doors, and
hope that the traffi c w it I be a bonanza for I o c a I mere, hants.
om.rnentar
.Einte ainment "I feel that the HGTV Dream Home will probably be the biggest boon Cho out the phoft)
Kefor Islamorada in 2008," Islamorada Chamber of Commerce IsIlexy Weekly far
New Rey Pho"
Health President Vicki Walker said. Click hereto View Photos
Food
Deal Estate 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.
Death Notices Last summer, park officials returned to the drawing board after a
series of drag proposals that would have decreased power boaters'
MISM access to the bay was met with a grass -roots backlash from anglers
Vt Iifieds across South Florida.
LW Submit Classified Ad 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 figure
i of 3 12/29/2009 2:53 PM
. jF
the beaches of
FORT MYERS - SANIBEL
i itatI on Growth
Winter
Spring/Summer
Fall
Annual
1985
4 ,196
253,628
214P624
11114,44
1,185,269
7,4
267r794
243, 911
1987
8211702368,804
346,833
1 P5373339
11473,591
1988
793,233
,
41
1989
8OOt736390,827
309,991
1 , 1
15015 554
115471059
1990
827,693403,150
11520,026
1991
823,210
388�048
308,768
1992
808,782P
1 1
412,973
_-
3291106
333,28011,
-11, 7
o
1993
8719277
11622,126
194
409,196
41,
417
452,075
1995
.911,827
934,692432,864
347,534
356P3421178,
1,671,475
11715,090- -
1996
1997
973,805
1998
978,773462,325
1,474
11802,572
1999
1,00 r
487,135
7 t
108661123
2000
1F 0, 4
, 0
386,708
1,4 ,1 4
2001
1,0741689
}7
365,012
1,962,571
.2002
1, 044, 11
51%337
387P298
1,951,44
_..."...,,,.._...___t.,-.--...•,....-.......�.................
1 o 04 ,
... �........_._ ... .
553,649
404, 44
...___.-.___..__..e .___.2003
, 0 1,828
4
1,1W1
,11
1} 42,026,921
0
10082,171
, 1
398175021047,540
-- -
1 - 00
+ 7.5%
+ "1 .4%
+ . %
+83.7%
-A J-&-U %fTJC S I'76e tr 1 T:r. a 4 T: j it , 4 Q
Research Data Services, Inc. February
2006
Copyright 2006. All Rights Reserved. APPENDIX 2 of 26
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Tolling USI / Monroe County
rnK1TAirTC.
SOUTH FLORIDA WATER MGMT DISTRICT
To 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 Transp 0
pr-tation Research
University of South Florida,
Tampa, FL 33620
International Bridize. Tunnel .0
., and Tura oilke Association HBTTA)
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.culhane@dot.state.f1.us
Office: 305-470-5231
Cell: 305-793-4692
Pers cell: 305-342-0763
Federal Hiway AdminiNtration., Office of Operation
Tolling and Pricing Team, (may only be involved if Federal Aid ?+)
APPENDIX 24 of 26
(DSVICT104 PIOP11
FIEW OFRCE
Miami. Fixids 331,42 19" 9;8
11 Lg-..d
Miami Intermodal Center
0 , - A p9m W So
OWWWW of Tim 11
Alice N. Bravo, P.E.
FDOT Distdct Six Director of Transportaition Sysfems Development
Alice Bravo was appointed District Six Dir or of Transportation
Systems DevelopniaA for the Florida Department of Transportation on
March 23, 2007. She is responsible for all production aspects of the
Dishict including all Planning, Public Transportation, Environmental
Management, Design and Right of Way activities. Ms. Bravo has been
with, te Rorida Department of Transportabon 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 enginmr responsible fbr developing concepts
and higtrway geometry. A year later in 1992, she eamed her Bachelor
of Science Degree in Civil Engineen*ng from the University of Miami in
Coral Gables, Fkw. Ms. Bravo went on to earn a Master of Business Administration Degree from Florida
Interriational Unhersity in 1996.
In 1997, Ms. Bravo joined Gannett Fleming, Inc. a national top 50 ENR firm foctaing on transportOon and
environmental enginee dng. Upon her depar ture from Gannett Fleming in 2003., she was a Vice -President
and served as the Regional Manager for South Flodda 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 Arwrwan Society of Civil Engkwefs during ffie 1999-2000 term and also served as Branch Director -
She also had the honor of being askedto join the University of Miami, Civil, Archftedural and Envimnmental
Engineenrtnwnt Industnal Advisory Board aW in 2OD4 becam Chair of Ow Board- In 2007, NIS-
Bravo was nan-ted 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
FDOT: District V1 Construction
http,//www.fdotmiamidade,corn/
L-I!AJ
LI-R
Home Offices Helpful Links Contact Us En Espaftl
I FDOT District 6
19 Inter t SiteWelcome to the Florida Department of Transportation's District 6 ne
WL000A . L) istrict 6 is
oEPARTMENT CF responsible for planning. designing. building and maintaining all State-owned roadways and bridges
ft in Miami -Dade and Monroe counties- Whether you are a resident. business operator or a vi t ry
4TRANSPORTAI S!. 0 OU
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 transportatlon needs of the District,
The FDOT District 6 Leadership Team
Gus Pego, P.E., District Secretary
04STRICT V1
*410 am man
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)
Offices: Program
Construction Alicia Trujillo, District General Counsel
Contracts Administration Maribell Lena, District Public Information Officer
OTHER FOOT WEBSITES.-
95 Express
Port of Miami Tunnel Vision Statement:
175 PCB & E Serving the people of Florida by delivering a transportation system that is fatality and
congestion free.
US 1 /Overseas Highway
Rehabilitation Design
Project
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 environmnt and
communities,
RK
r.
Tentative
FN* Year Plan far
M linmil� Dad*
Courrty
1, of 3
APPENDIX 26 of 26
8/18/2009 3:13 PM
EXHIBIT 3
PAGE 13 OF THE BOARD MINUTES
For
AGENDA ITEM M-5
From
January 20,, 2010 Meeting of
Board of County Commissioners
Of
Monroe County, Florida
13
COUNTY ADMINISTRATOR
The Board discussed a 1951 Resolution and June 2007 legislation allowing Keys Energy
Services to utilize County rights of way and bridges to provide electrical service to No Name
Key, and reaffirmation of Resolution, provided that any obstruction, whether permanent or
temporary, to said bridges and right of way, or any physical changes there are coordinated with
the Engineering Department in compliance with County ordinances regarding its roads and
bridges and that Keys Energy will maintain lines and whatever structural support lines. The
following individuals addressed the Board: Robert DeHaven, Victoria Weaver, representing
Last Stand; Hallett Douville, Alicia Putney, representing the Solar Community of No Name Key;
Donald Craig, representing the No Name Key Property Owner's Association; and Diane
Beruldson. Suzanne Hutton, County Attorney discussed the matter. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Neugent to table the
item until a determination has been made by the United States Department of the Interior Fish
and wildlife Service. Motion carried unanimously.
Commissioner Carruthers discussed her item concerning tolling of US 1 as an alternative
funding source for wastewater mandates. A video presentation was shown. The following
individuals addressed the Board: Jackie Harder, representing the Key Largo Chamber of
Commerce; Mike Collins, Diane Beruldson, and Leon Moyer. No official action was taken.
COUNTY ATTORNEY
Bob Shillinger, Chief Assistant County Attorney discussed the latest decision from Judge
Audlin in the matter of Sandra L. Carter v. Monroe County, Case No. 44-2007-CA-882 (the
downstairs enclosure case). The following individual addressed the Board: Diane Beruldson.
After discussion, motion was made by Commissioner Neugent and seconded by Mayor Murphy
authorizing the County Attorneys Office to file an appeal (Petition for Writ of Certiorari) to the
3rd DCA). Roll call vote was taken with the following results:
Commissioner Carruthers
No
Commissioner DiGennaro
Yes
Commissioner Neugent
Yes
Commissioner Wigington
Yes
Mayor Murphy
Yes
Motion carried.
Mr. Shillinger also addressed the Board concerning a new lawsuit for Declaratory
Judgment in the matter of Christopher Dewey, et al. v. Monroe County and Craig Fugate, as
FEMA Director, Case No. 44-201 o--CA-000021 Aoo 1 PK. After discussion, motion was made by
Commissioner DiGennaro and seconded by Commissioner Wigington authorizing staff the
discretion and authority to seek removal to Federal Court. Mr. Shillinger indicted there is a
filing fee $350. Motion carried unanimously.