(1) The department shall identify right-of-way parcels for acquisition as far in advance of project construction as is practical, including access rights and right-of-way necessary for intersection improvements and grade separations, and shall include in its annual budget request specific allocations of funds from bond proceeds and other department revenues for advanced right-of-way acquisition in each fiscal year. Department records shall clearly support the projected cost savings or other bases used by the department to select parcels for advanced acquisition.

(2) The amounts allocated for advanced right-of-way acquisition shall be divided between the following programs:

(a) A program for acquiring right-of-way necessary to support project construction phases planned 3 to 4 years from the date of the acquisition.

(b) A program for acquiring right-of-way necessary for future transportation corridors for which construction phases are planned a minimum of 5 years from the date of acquisition. Priority shall be given to acquiring right-of-way for projects contained in the Florida Intrastate Highway System. For the purposes of this subsection, the term "planned" means the department's good faith estimate, at the time the advanced right-of-way acquisition is programmed, of when a project's construction phase will be undertaken.

(3) The Division of Bond Finance of the State Board of Administration is authorized, in accordance with s. 215.605, to issue state bonds on behalf of the department to finance right-of-way land acquisition and to finance state bridge construction. The total amount of bonds to be issued under this section shall be limited by the debt service requirements of the bonds issued, and such requirements shall not exceed 90 percent of the pledged revenue authorized to be transferred pursuant to s. 206.46(2). The proceeds from the sale of these bonds shall be allocated by the department to fund advanced right-of-way projects identified pursuant to the programs contained in subsection (2) and to fund state bridge construction. If the total amount of bonds issued under this section exceeds $500 million, then no less than $200 million of the total bond proceeds shall be allocated to fund projects identified pursuant to the program contained in paragraph (2)(b).

(4) If right-of-way purchased from the proceeds of such bonds is used for a revenue-producing facility, the owner of that facility may reimburse the Right-of-Way Acquisition and Bridge Construction Trust Fund in an amount equal to the cost of acquiring that right-of-way.

(5)

(a) Notwithstanding subsections (2) and (3), the department is authorized to expend bond proceeds pursuant to this section to acquire right-of-way for a project in the department's adopted work program that does not fall within the parameters established in subsection (2), if: 1. The acquisition of such right-of-way is necessary to ensure the continued availability of previously donated right-of-way for such project; 2. The majority of the costs for the construction phase of a project will be financed by local or private funds; 3. A local government enters into an agreement to advance the construction phase in accordance with the provisions set forth in s. 339.12; or 4. Any funds become available for the project, and it is in the public interest to provide for the expeditious completion of the project.

(b) Any use of bond proceeds pursuant to this subsection must be specifically and separately identified in the tentative work program. History: s. 34, ch. 90-136; s. 114, ch. 92-152; s. 282, ch. 92-279; s. 55, ch. 92-326; s. 12, ch. 93-164; s. 1, ch. 94-237; s. 42, ch. 95-257.