A surprise resignation from one of the Expressway Board members, who is under investigation by the state attorney's office.

Late this afternoon, Marco Pena turned in his resignation, citing personal reasons for his departure.

Pena is one of three Orlando-Orange County Expressway Authority board members under investigation for breaking a state law that bans elected officials from talking about board business in private.

Board members Scott Batterson and Noranne Downs are the other board members under investigation for violating Florida's Sunshine Law.

Governor Rick Scott suspended Batterson from the board last month, after he was indicted on felony bribery charges.

Now that Pena has resigned, there are only three active members on the Expressway Authority board.