Florida Senate - 2009                                    SB 2246
       
       
       
       By Senator King
       
       
       
       
       8-01765-09                                            20092246__
    1                        A bill to be entitled                      
    2         An act relating to the Jacksonville Transportation
    3         Authority; amending s. 349.02, F.S.; revising
    4         definitions; defining the term “transportation
    5         facilities”; amending s. 349.03, F.S.; revising a
    6         requirement for membership on the governing body of
    7         the authority to provide that an appointed member must
    8         be a resident and elector of Duval County; amending s.
    9         349.04, F.S.; revising scope of the authority to
   10         include certain services throughout Duval County;
   11         revising authority, powers, rights, and
   12         responsibilities of the authority to provide for
   13         planning, coordinating, developing, financing,
   14         refinancing, constructing, owning, leasing,
   15         purchasing, operating, maintaining, relocating,
   16         equipping, repairing, and managing described
   17         transportation projects intended to address needs or
   18         concerns in the Jacksonville, Duval County,
   19         metropolitan area; revising bonding provisions;
   20         providing for the authority to fix, alter, charge,
   21         establish, and collect rates, fees, rentals, and other
   22         charges for any transportation facilities of the
   23         authority; revising eminent domain provisions to
   24         include specified procedural powers; authorizing use
   25         of local option taxes or county gasoline tax funds to
   26         secure the payment of bonds; authorizing the authority
   27         to establish and fund reserve accounts, adopt an
   28         annual budget, use purchasing schedules and master
   29         purchasing contracts, retain legal counsel and other
   30         consultants, construct and own and maintain
   31         transportation facilities outside the jurisdictional
   32         boundaries of Duval County, form public benefit
   33         corporations, require bid bonds and protest bonds,
   34         prequalify bidders or proposers, suspend or debar
   35         consultants and contractors, and create and operate an
   36         employees’ benefit fund; providing for the authority
   37         to expand its service area and enter into a
   38         partnership with a contiguous county; providing that
   39         the powers and obligations of the authority shall not
   40         be subject to supervision, approval, or consent of any
   41         municipality or county except as agreed upon in an
   42         interlocal agreement; providing for certain
   43         contractual limitations and recovery of liquidated
   44         damages; providing for relocation of utility
   45         facilities interfering with transportation projects;
   46         authorizing the authority to enter lands, waters, and
   47         premises of another in the performance of its duties;
   48         amending s. 349.041, F.S.; revising provisions for
   49         funds appropriated by the City of Jacksonville to the
   50         authority; repealing s. 349.042, F.S., relating to the
   51         Jacksonville area planning board review of
   52         construction and operation of the expressway and
   53         transit functions of the authority; creating s.
   54         349.043, F.S.; requiring a public hearing prior to
   55         designation or relocation of transportation facilities
   56         or substantive changes thereto; providing procedures;
   57         requiring compliance with federal and state
   58         requirements related to new or altered transportation
   59         facilities or services; amending s. 349.05, F.S.;
   60         authorizing bonds to be issued on behalf of the
   61         authority; revising provisions for issuance and sale
   62         of bonds; authorizing certain refunding bonds;
   63         revising provisions for resolutions authorizing bonds;
   64         revising provisions for fiscal agents; providing that
   65         bonds are not obligations of the state; repealing s.
   66         349.06, F.S., relating to remedies of the bondholders;
   67         creating s. 349.061, F.S.; providing approval for bond
   68         financing by the authority; amending s. 349.07, F.S.;
   69         revising provisions authorizing the Department of
   70         Transportation to expend certain funds and use its
   71         resources for certain items related to the
   72         Jacksonville Expressway System; amending s. 349.10,
   73         F.S.; revising provisions for the authority to acquire
   74         lands and rights therein; limiting liability of the
   75         authority with respect to certain contamination of
   76         lands acquired; authorizing the authority and the
   77         Department of Environmental Protection to enter into
   78         agreements for the performance and funding of
   79         investigative and remedial acts; amending s. 349.12,
   80         F.S.; revising covenant of the state related to bonds
   81         of the authority; amending s. 349.13, F.S.; specifying
   82         conditions under which property leased by the
   83         authority is exempt from ad valorem taxes; amending s.
   84         349.15, F.S.; revising provisions for enforcement of
   85         rights by bondholders; amending s. 349.17, F.S.;
   86         revising provisions for application of and exemption
   87         from other laws relating to issuance of bonds;
   88         amending s. 349.21, F.S.; revising provisions for use
   89         of charter county transit system surtax funds to
   90         secure payment of bonds of the authority; restricting
   91         use of surtax moneys collected within Duval County;
   92         creating s. 349.22, F.S.; providing conditions for the
   93         authority to receive or solicit proposals and enter
   94         into agreements with private entities for the
   95         building, operation, ownership, or financing of
   96         highways, bridges, multimodal transportation systems,
   97         transit-oriented development nodes, transit stations,
   98         or related transportation facilities; requiring
   99         certain costs to be paid by the private entity;
  100         authorizing the department to use state funds for
  101         projects on or that increase mobility on the State
  102         Highway System; requiring notice of proposals and
  103         providing procedures; providing for agreements to
  104         authorize the imposition of tolls; requiring public
  105         private transportation facilities to comply with laws,
  106         comprehensive plans, and the authority’s rules,
  107         policies, procedures, standards, and conditions;
  108         authorizing the authority to exercise its powers to
  109         facilitate public-private projects; providing for
  110         application; amending s. 20.23, F.S.; revising the
  111         functions of the Florida Transportation Commission;
  112         adding the authority to the transportation agencies
  113         monitored by the commission; providing an effective
  114         date.
  115  
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Section 349.02, Florida Statutes, is amended to
  119  read:
  120         349.02 Definitions.—
  121         (1) Except in those instances where the context clearly
  122  indicates otherwise, whenever used or referred to in this
  123  chapter, the following terms whenever used or referred to in
  124  this law shall have the following meanings, except in those
  125  instances where the context clearly indicates otherwise:
  126         (a)(1) The term “Authority” means shall mean the body
  127  politic and corporate, an agency of the state created by this
  128  chapter.
  129         (b)(2) The term “Members” means shall mean the governing
  130  body of the authority, and the term “member” means shall mean
  131  one of the individuals constituting such governing body.
  132         (c)(3) The term “Bonds” means and includes shall mean and
  133  include the notes, bonds, refunding bonds, or other evidences of
  134  indebtedness or obligations, in either temporary or definitive
  135  form, that which the authority is authorized to issue pursuant
  136  to this chapter.
  137         (d)(4) The term “Lease-purchase agreement” means shall mean
  138  the lease-purchase agreements that which the authority is
  139  authorized pursuant to this chapter to enter into with the
  140  department of Transportation.
  141         (e)(5) The term “Department” means shall mean the
  142  Department of Transportation existing under chapters 334-339.
  143         (f)(6) The terms “Florida State Improvement Commission” or
  144  “commission” means shall mean the state agency created,
  145  organized, and existing under and by virtue of the provisions of
  146  former chapter 420, or the successor thereto, chapter 29788,
  147  Acts of 1955, now chapter 288.
  148         (g)(7) The term “County” means shall mean the County of
  149  Duval.
  150         (h)(8) The term “City” means shall mean the City of
  151  Jacksonville.
  152         (i)(9) The term “State Board of Administration” means shall
  153  mean the body corporate existing under the provisions of s. 9,
  154  Art. XII of the State Constitution, or any successor thereto.
  155         (j)(10) The term “Agency of the state” means and includes
  156  shall mean and include the state and any department of the
  157  state, the authority, or any corporation, agency, or
  158  instrumentality heretofore or hereafter created, designated, or
  159  established by, the state.
  160         (k)(11) The term “Federal agency” means and includes shall
  161  mean and include the United States, the President of the United
  162  States, and any department of the United States, or any
  163  corporation, agency, or instrumentality heretofore or hereafter
  164  created, designated, or established by, the United States.
  165         (l)(12) The term “Duval County gasoline tax funds” means
  166  shall mean all the 80-percent surplus gasoline tax funds
  167  accruing in each year to the Department of Transportation for
  168  use in Duval County under the provisions of s. 9, Art. XII of
  169  the State Constitution, after deduction only of any amounts of
  170  said gasoline tax funds heretofore pledged by the department or
  171  the county for outstanding obligations.
  172         (m) “Transportation facilities” means and includes all
  173  mobile and fixed assets (real or personal property or rights
  174  therein) used in the transportation of persons or property by
  175  any means of conveyance whatsoever, and all appurtenances
  176  thereto, such as, but not limited to, highways; limited or
  177  controlled access lanes and facilities; docks, vessels,
  178  vehicles, fixed guideway facilities, and any means of conveyance
  179  of persons or property of all types; park-and-ride facilities;
  180  transit-related improvements adjacent to transit facilities or
  181  stations; bus, train, vessel, or other vehicle storage,
  182  cleaning, fueling, control, and maintenance facilities; and
  183  administrative and other office space for the exercise by the
  184  authority of the powers and obligations herein granted.
  185         (2)(13) Words importing singular number shall include the
  186  plural number in each case and vice versa, and words importing
  187  persons shall include firms and corporations.
  188         Section 2. Subsection (2) of section 349.03, Florida
  189  Statutes, is amended to read:
  190         349.03 Jacksonville Transportation Authority.—
  191         (2) The governing body of the authority shall consist of
  192  seven members. Three members shall be appointed by the Governor
  193  and confirmed by the Senate. Three members shall be appointed by
  194  the mayor of the City of Jacksonville subject to confirmation by
  195  the council of the City of Jacksonville. The seventh member
  196  shall be the district secretary of the Department of
  197  Transportation serving in the district that contains the City of
  198  Jacksonville. Except for the seventh member, members shall be
  199  residents and qualified electors of Duval County the City of
  200  Jacksonville.
  201         Section 3. Section 349.04, Florida Statutes, is amended to
  202  read:
  203         349.04 Purposes and powers.—
  204         (1)(a) The authority created and established by the
  205  provisions of this chapter is hereby granted and shall have the
  206  right to acquire, hold, construct, improve, maintain, operate,
  207  own, and lease in the capacity of lessor the Jacksonville
  208  Expressway System (hereinafter referred to as “system”),
  209  heretofore partially constructed or acquired by the Florida
  210  State Improvement Commission in the Jacksonville, Duval County,
  211  metropolitan area, as more specifically described in the
  212  proceedings of the commission which authorized the issuance of
  213  $28 million in bonds of the commission for such purpose, and as
  214  hereafter completed or improved or extended as authorized by
  215  this chapter, and all appurtenant facilities, including all
  216  approaches, streets, roads, bicycle paths, bridges, and avenues
  217  of access for the Jacksonville Expressway System, and to
  218  construct or acquire extensions, additions, and improvements to
  219  the system and to complete the construction and acquisition of
  220  the system.
  221         (b) The authority may, in addition, acquire, hold,
  222  construct, improve, operate, maintain, and lease in the capacity
  223  of lessor a mass transit system employing motor cars or buses;
  224  street railway systems beneath the surface, on the surface, or
  225  above the surface; or any other means determined useful to the
  226  rapid transfer of large numbers of people among the locations of
  227  residence, commerce, industry, and education in Duval County the
  228  City of Jacksonville.
  229         (c) The authority may further plan, coordinate, and
  230  recommend to appropriate officers and agencies of federal,
  231  state, and local governments methods and facilities for the
  232  parking of vehicles, the movement of pedestrians, and vehicular
  233  traffic (including bicycles), public and private, in Duval
  234  County the City of Jacksonville, to accomplish a coordinated
  235  transportation system for the greater Jacksonville area. The
  236  authority may construct and operate passenger terminals for the
  237  parking of automobiles and movement by public conveyance of
  238  persons and construct and operate all other facilities necessary
  239  to a complete and coordinated transportation system in the
  240  Jacksonville area.
  241         (d) It is the express intention of this chapter that the
  242  authority, in completing the construction of the Jacksonville
  243  Expressway System, is not limited to the description thereof
  244  contained in the proceedings of the commission which authorized
  245  the issuance of $28 million in bonds to finance part of the cost
  246  thereof, but it is authorized to finance and construct any
  247  additional extensions, additions, or improvements to the system,
  248  or appurtenant facilities, including all necessary approaches,
  249  roads, bicycle ways, bridges, and avenues of access, with such
  250  changes, modifications, or revisions of the project as are
  251  deemed desirable and proper. It is the intent of this chapter,
  252  and to effect its purposes the Legislature determines, that
  253  bonds issued under this chapter be deemed to be state capital
  254  improvement bonds to finance or refinance the cost of state
  255  capital projects pursuant to s. 11(d), Art. VII of the State
  256  Constitution. However, the provisions of s. 316.091(2), relating
  257  to bicycles, do not apply to this system.
  258         (e) In addition to the other powers set forth in this
  259  chapter, the authority has the right to plan, develop, finance,
  260  construct, own, lease, purchase, operate, maintain, relocate,
  261  equip, repair, and manage those public transportation projects,
  262  such as express bus services; bus rapid transit services; light
  263  rail, commuter rail, heavy rail, or other transit services;
  264  ferry services; transit stations; park-and-ride lots; transit
  265  oriented development nodes; or feeder roads, reliever roads,
  266  connector roads, bypasses, or appurtenant facilities, that are
  267  intended to address critical transportation needs or concerns in
  268  the Jacksonville, Duval County, metropolitan area. These
  269  projects may also include all necessary approaches, roads,
  270  bridges, and avenues of access that are desirable and proper
  271  with the concurrence of the department, as applicable, if the
  272  project is to be part of the State Highway System.
  273         (f)(e) The authority, in addition to the other powers and
  274  duties provided, shall have the power and responsibility to
  275  formulate and implement a plan for a mass transit system that
  276  which will serve Duval County and the greater consolidated City
  277  of Jacksonville area.
  278         (2) The authority is hereby granted, and shall have and may
  279  exercise all powers necessary, appurtenant, convenient, or
  280  incidental to the carrying out of the aforesaid purposes,
  281  including, but without being limited to, the right and power:
  282         (a) To sue and be sued, implead and be impleaded, and
  283  complain and defend in all courts.
  284         (b) To adopt, use, and alter at will a corporate seal.
  285         (c) To acquire, purchase, construct, hold, lease as lessee
  286  or lessor, and use any franchise or any property, real,
  287  personal, or mixed, tangible or intangible, or any interest
  288  therein, necessary or desirable for carrying out the purposes of
  289  the authority and to sell, lease as lessor, transfer, and
  290  dispose of any property or interest therein at any time acquired
  291  by it, including, without limitation, land, buildings, and other
  292  facilities located within or comprising transit-oriented
  293  developments which enhance the use or utility of transportation
  294  facilities owned or constructed by the authority and
  295  administrative and other buildings for the use of the authority
  296  in carrying out its powers and obligations granted in this
  297  chapter.
  298         (d) To enter into and make leases for terms not exceeding
  299  40 years, as either lessee or lessor, in order to carry out the
  300  right to lease as set forth in this chapter.
  301         (e) To enter into and make lease-purchase agreements with
  302  the department for terms not exceeding 40 years, or until any
  303  bonds secured by a pledge of rentals thereunder, and any
  304  refundings thereof, are fully paid as to both principal and
  305  interest, whichever is longer.
  306         (f) To fix, alter, charge, establish, and collect rates,
  307  fees, rentals, and other charges for the services and facilities
  308  of the Jacksonville Expressway System and any other
  309  transportation facilities of the authority, which rates, fees,
  310  rentals, and other charges shall always be sufficient to comply
  311  with any covenants made with the holders of any bonds issued
  312  pursuant to this chapter; this right and power may be assigned
  313  or delegated by the authority to the department.
  314         (g)1. To borrow money and make and issue negotiable notes,
  315  bonds, refunding bonds, and other evidences of indebtedness or
  316  obligations, either in temporary or definitive form,
  317  (hereinafter in this chapter sometimes called “bonds”), of the
  318  authority, for the purpose of funding or refunding, at or prior
  319  to maturity, any bonds theretofore issued by the authority, or
  320  by the Florida State Improvement Commission to finance part of
  321  the cost of the Jacksonville Expressway System, and purposes
  322  related thereto, and for the purpose of financing or refinancing
  323  all or part of the costs of completion, or improvement, or
  324  extension of the Jacksonville Expressway System, and appurtenant
  325  facilities, including all approaches, streets, roads, bridges,
  326  and avenues of access for the Jacksonville Expressway System and
  327  for any other purpose authorized by this chapter, such bonds to
  328  mature in not exceeding 40 years from the date of the issuance
  329  thereof; and to secure the payment of such bonds or any part
  330  thereof by a pledge of any or all of its revenues, rates, fees,
  331  rentals, or other charges, including all or any portion of the
  332  Duval County gasoline tax funds received by the authority
  333  pursuant to the terms of any lease-purchase agreement between
  334  the authority and the department; and in general to provide for
  335  the security of such bonds and the rights and remedies of the
  336  holders thereof.
  337         2. In the event that the authority determines to fund or
  338  refund any bonds theretofore issued by the authority, or by the
  339  commission as aforesaid, prior to the maturity thereof, the
  340  proceeds of such funding or refunding bonds shall, pending the
  341  prior redemption of the bonds to be funded or refunded, be
  342  invested in direct obligations of the United States; and it is
  343  the express intention of this chapter that such outstanding
  344  bonds may be funded or refunded by the issuance of bonds
  345  pursuant to this chapter notwithstanding that part of such
  346  outstanding bonds will not mature or become redeemable until 6
  347  years after the date of issuance of bonds pursuant to this
  348  chapter to fund or refund such outstanding bonds.
  349         (h) To make contracts of every name and nature and to
  350  execute all instruments necessary or convenient for the carrying
  351  on of its business.
  352         (i) Without limitation of the foregoing, to borrow money
  353  and accept grants from, and to enter into contracts, leases, or
  354  other transactions with, any federal agency, the state, any
  355  agency of the state, the County of Duval, the City of
  356  Jacksonville, or any other public body of the state.
  357         (j) To have the power of eminent domain, including the
  358  procedural powers granted under chapters 73 and 74.
  359         (k) To pledge, hypothecate, or otherwise encumber all or
  360  any part of the revenues, rates, fees, rentals, or other charges
  361  or receipts of the authority, including all or any portion of
  362  the Duval County gasoline tax funds received by the authority
  363  pursuant to the terms of any lease-purchase agreement between
  364  the authority and the department, as security for all or any of
  365  the obligations of the authority.
  366         (l) To do all acts and things necessary or convenient for
  367  the conduct of its business and the general welfare of the
  368  authority, in order to carry out the powers granted to it by
  369  this chapter or any other law.
  370         (m) To invest and to borrow money and make and issue
  371  negotiable notes, bonds, refunding bonds, and other evidences of
  372  indebtedness or obligations, either in temporary or definitive
  373  form, of the authority for the purpose of financing or
  374  refinancing all or a part of funding or refunding the cost of
  375  the acquisition or improvement of transportation facilities
  376  motor or street railway vehicles, passenger terminals,
  377  automobile parking facilities, or administrative offices and for
  378  any other purposes authorized by this chapter, such bonds to
  379  mature in not exceeding 40 years from the date of the issuance
  380  thereof; to secure the payment of such bonds or any part thereof
  381  by a pledge of any or all of its revenues, rates, fees, rentals,
  382  or other charges, including, without limitation, all or any
  383  portion of local option taxes or county gasoline tax funds
  384  received by the authority; and in general to provide for the
  385  security of such bonds and the rights and remedies of the
  386  holders thereof.
  387         (n) To adopt rules to carry out the powers and obligations
  388  herein granted, which set forth a purpose, necessary
  389  definitions, forms, general conditions and procedures, and fines
  390  and penalties, including, without limitation, suspension or
  391  debarment, and charges for nonperformance, with respect to any
  392  aspect of the work or function of the authority for the
  393  permitting, planning, funding, design, acquisition,
  394  construction, equipping, operation, and maintenance of
  395  transportation facilities, transit and highway, within the
  396  state, provided or operated by the authority or others in
  397  cooperation with or at the direction of the authority, and for
  398  carrying out all other purposes of the authority set forth or
  399  authorized in this chapter.
  400         (o) To establish and fund reserve accounts with respect to
  401  its operations and functions, make withdrawals therefrom, and
  402  replenish such accounts, as the governing body may reasonably
  403  determine.
  404         (p) To adopt and approve an annual budget, and to utilize
  405  purchasing schedules and master purchasing contracts of the
  406  state, any municipality, or any federal agency, to the extent
  407  permitted by law.
  408         (q) To retain legal counsel and financial, engineering,
  409  real estate, accounting, design, planning, and other consultants
  410  from time to time as the authority may determine to assist in
  411  the carrying out of the powers and obligations granted in this
  412  chapter.
  413         (r) With the consent of the county within whose
  414  jurisdiction the following activities occur, to construct, own,
  415  operate, and maintain transportation facilities outside the
  416  jurisdictional boundaries of Duval County, with all necessary
  417  and incidental powers to accomplish the foregoing.
  418         (s) To form, alone or with one or more other agencies of
  419  the state or local governments, public benefit corporations to
  420  carry out the powers and obligations granted in this chapter or
  421  the powers and obligations of such other agencies or local
  422  governments.
  423         (t) To require or elect not to require bid bonds and
  424  protest bonds, to prequalify bidders or proposers in various
  425  categories of work or services, and to suspend or debar
  426  consultants and contractors in accordance with the rules of the
  427  authority.
  428         (u) To create and operate an employees’ benefit fund for
  429  employees of the authority or public benefit corporations
  430  controlled by it. The proceeds of vending machines located on
  431  the premises of the authority or such corporations shall be paid
  432  into the fund and used for such benefits and purposes as the
  433  authority may determine.
  434         (3) The authority shall have no power at any time or in any
  435  manner to pledge the credit or taxing power of the state or any
  436  political subdivision or agency thereof; nor shall any of the
  437  obligations of the authority be deemed to be obligations of the
  438  state or of any political subdivision or agency thereof; nor
  439  shall the state or any political subdivision or agency thereof,
  440  except the authority, be liable for the payment of the principal
  441  of, or interest on, such obligations. However, this provision is
  442  not applicable to the type or manner of financing authorized by
  443  s. 9(c)(5), Art. XII of the State Constitution, as amended, and
  444  laws enacted pursuant thereto.
  445         (4) By a resolution of its governing body, the authority
  446  may expand its service area and enter into a partnership with
  447  any county that is contiguous to the then-current service area
  448  of the authority. The governing body shall determine the
  449  conditions and terms of the partnership, except as provided in
  450  this section. However, the authority may not expand its service
  451  area without the consent of the governing body representing the
  452  proposed expansion area.
  453         (5) Except as otherwise expressly provided in this chapter,
  454  none of the powers and obligations herein granted to the
  455  authority shall be subject to the supervision or require the
  456  approval or consent of any municipality or county, except as may
  457  be agreed upon by the authority in an interlocal agreement with
  458  a municipality or county.
  459         (6) No oral modification of a contract, whether for
  460  construction of highway facilities or other transportation
  461  facilities, shall be binding upon the authority or form the
  462  basis for a claim against the authority. Only the chair of the
  463  governing body or executive director of the authority, or the
  464  designee of either, may bind the authority. The authority may
  465  provide for liquidated damages for delays by contractors in
  466  construction of transportation facilities for the authority, or
  467  the authority may provide for other contractually agreed-upon
  468  damages measures for delays.
  469         (7) The authority shall be deemed to be an “authority” for
  470  purposes of s. 337.403, shall have all of the powers granted to
  471  authorities under s. 337.403, and shall have the powers granted
  472  to the Department of Transportation under s. 337.274 with
  473  respect to its powers and obligations granted in this chapter.
  474         Section 4. Section 349.041, Florida Statutes, is amended to
  475  read:
  476         349.041 Provision of funds and services by city to
  477  authority; employment of legal counsel.—
  478         (1) The authority shall prepare and submit annually its
  479  requests for such funds as it may require from the city for the
  480  ensuing year to the council of the city on or before June 1,
  481  setting forth its estimation for related estimated gross
  482  revenues and estimated requirements for operations, maintenance
  483  expenses, and debt service. A copy of such requests shall be
  484  furnished to the Department of Transportation. The council and
  485  the mayor of the City of Jacksonville may appropriate such funds
  486  as they deem appropriate for the use of the authority, and the
  487  use of such funds shall be subject to audit by the Council
  488  Auditor of the City of Jacksonville.
  489         (2) Except as the council may provide, and except as
  490  otherwise required by any trust indenture outstanding on
  491  September 1, 1971, the authority may use shall utilize, on a
  492  cost-accounted basis, the central services of the city, and
  493  shall pay therefor. The authority may, however, employ legal
  494  counsel it deems necessary, upon resolution of the authority.
  495         Section 5. Section 349.042, Florida Statutes, is repealed.
  496         Section 6. Section 349.043, Florida Statutes, is created to
  497  read:
  498         349.043 Public hearings for transportation facilities.
  499  Transportation facilities may not be designated or relocated by
  500  the authority, nor may substantive changes be made thereto,
  501  until after a public hearing is conducted by the authority. Any
  502  interested party shall have the opportunity to be heard either
  503  in person or by counsel and to introduce testimony in such
  504  person’s behalf at the hearing. Reasonable notice of each such
  505  public hearing shall be published in a newspaper of general
  506  circulation in each county directly affected by the proposed
  507  transportation facility not less than 14 days prior to the
  508  hearing. In addition, the authority shall comply with all
  509  applicable federal and state requirements related to new or
  510  altered transportation facilities or services.
  511         Section 7. Section 349.05, Florida Statutes, is amended to
  512  read:
  513         349.05 Bonds of the authority; bonds not debt or pledges of
  514  credit of state.—
  515         (1)(a) Bonds may be issued on behalf of the authority
  516  pursuant to the State Bond Act or, alternatively, the authority
  517  may issue bonds pursuant to paragraph (b).
  518         (b)1. The bonds of the authority issued pursuant to the
  519  provisions of this chapter, whether an original issuance or on
  520  refunding, shall be authorized by resolution of the members
  521  thereof and may be issued in one or more series, may be either
  522  term or serial bonds, and shall bear such date or dates, be
  523  payable on demand or mature at such time or times, not exceeding
  524  40 years from their respective dates, bear interest, fixed or
  525  variable, at such rate or rates, not exceeding the maximum
  526  lawful interest rate payable semiannually, be in such
  527  denominations, be in such form, either coupon or fully
  528  registered, carry such registration, exchangeability, and
  529  interchangeability privileges, be payable in such medium of
  530  payment and at such place or places, be subject to such terms of
  531  redemption, with or without premium, and other terms, have such
  532  rank, and be entitled to such remedies and priorities on the
  533  revenues, rates, fees, rentals, or other charges or receipts of
  534  the authority including all or any portion of local option sales
  535  tax or the Duval county gasoline tax funds received by the
  536  authority pursuant to the terms of any lease-purchase agreement
  537  between the authority and the department, as the authority may
  538  determine such resolution or any resolution subsequent thereto
  539  may provide. The bonds shall be executed either by manual or
  540  facsimile signature by such officers as the authority shall
  541  determine, provided that such bonds shall bear at least one
  542  signature that which is manually executed thereon, and the
  543  coupons attached to such bonds shall bear the facsimile
  544  signature or signatures of such officer or officers as shall be
  545  designated by the authority and shall have the seal of the
  546  authority affixed, imprinted, reproduced, or lithographed
  547  thereon, all as may be prescribed in such resolution or
  548  resolutions.
  549         2.(b) Such bonds shall be sold at public or private sale at
  550  such price or prices as the authority determines to be in its
  551  best interest, except that the interest costs to the authority
  552  on such bonds may not exceed the maximum lawful interest rate.
  553  The authority shall provide a specific finding by resolution as
  554  to the reason requiring any negotiated sale must be sold at
  555  public sale in the manner provided by the State Bond Act.
  556  However, if the authority, by official action at a public
  557  meeting, determines that a negotiated sale of the bonds is in
  558  the best interest of the authority, the authority may negotiate
  559  for sale of the bonds with the underwriter or underwriters
  560  designated by the authority and the Division of Bond Finance of
  561  the State Board of Administration. Pending the preparation of
  562  definitive bonds, interim certificates may be issued to the
  563  purchaser or purchasers of such bonds and may contain such terms
  564  and conditions as the authority may determine.
  565         3. The authority may issue bonds pursuant to this paragraph
  566  to refund any bonds previously issued regardless of whether the
  567  bonds being refunded were issued by the authority pursuant to
  568  this chapter or on behalf of the authority pursuant to the State
  569  Bond Act.
  570         (2) Any such resolution or resolutions authorizing any
  571  bonds hereunder may contain provisions, and valid and legally
  572  binding covenants of the authority, which shall be part of the
  573  contract with the holders of such bonds, as to:
  574         (a) The pledging of all or any part of the revenues, rates,
  575  fees, rentals, including the sales surtax adopted pursuant to s.
  576  212.055(1) (including all or any portion of the Duval county
  577  gasoline tax funds received by the authority pursuant to the
  578  terms of any lease-purchase agreement between the authority and
  579  the department, or any part thereof), or other charges or
  580  receipts of any nature of the authority, whether or not derived
  581  by the authority from the Jacksonville Expressway System or its
  582  other transportation facilities;
  583         (b) The completion, improvement, operation, extension,
  584  maintenance, repair, lease, or lease-purchase agreement of said
  585  system or transportation facilities, and the duties of the
  586  authority and others, including the department, with reference
  587  thereto;
  588         (c) Limitations on the purposes to which the proceeds of
  589  the bonds, then or thereafter to be issued, or of any loan or
  590  grant, by the United States or the state may be applied;
  591         (d) The fixing, charging, establishing, and collecting of
  592  rates, fees, rentals, or other charges for use of the services
  593  and facilities of the Jacksonville Expressway System or any part
  594  thereof or its other transportation facilities;
  595         (e) The setting aside of reserves or sinking funds or
  596  repair and replacement funds and the regulation and disposition
  597  thereof;
  598         (f) Limitations on the issuance of additional bonds;
  599         (g) The terms and provisions of any lease-purchase
  600  agreement, deed of trust, or indenture securing the bonds, or
  601  under which the same may be issued; and
  602         (h) Any other or additional provisions, covenants, and
  603  agreements with the holders of the bonds which the authority may
  604  deem desirable and proper.
  605         (3) The authority may employ fiscal agents as provided by
  606  this chapter or the State Board of Administration may, upon
  607  request by the authority, act as fiscal agent for the authority
  608  in the issuance of any bonds that may be issued pursuant to this
  609  chapter, and the State Board of Administration may, upon request
  610  by the authority, take over the management, control,
  611  administration, custody, and payment of any or all debt services
  612  or funds or assets now or hereafter available for any bonds
  613  issued pursuant to this chapter. The authority may enter into
  614  deeds of trust, indentures, or other agreements with a corporate
  615  trustee or trustees, which shall act as its fiscal agent for the
  616  authority and may be, or with any bank or trust company within
  617  or without the state, as security for such bonds, and may, under
  618  such agreements, assign and pledge all or any of the revenues,
  619  rates, fees, rentals, or other charges or receipts of the
  620  authority, including all or any portion of local option taxes or
  621  the Duval county gasoline tax funds received by the authority
  622  pursuant to the terms of any lease-purchase agreement between
  623  the authority and the department, thereunder. Such deed of
  624  trust, indenture, or other agreement, may contain such
  625  provisions as are is customary in such instruments or, as the
  626  authority may authorize, including, but without limitation,
  627  provisions as to:
  628         (a) The completion, improvement, operation, extension,
  629  maintenance, repair, and lease of, or lease-purchase agreement
  630  relating to, all or any part of transportation facilities
  631  authorized in this chapter to be constructed, acquired,
  632  developed, or operated by the authority the Jacksonville
  633  Expressway System, and the duties of the authority and others,
  634  including the department, with reference thereto;
  635         (b) The application of funds and the safeguarding of funds
  636  on hand or on deposit;
  637         (c) The rights and remedies of the trustee and the holders
  638  of the bonds; and
  639         (d) The terms and provisions of the bonds or the
  640  resolutions authorizing the issuance of the same.
  641         (4) Any of the bonds issued pursuant to this chapter are,
  642  and are hereby declared to be, negotiable instruments, and shall
  643  have all the qualities and incidents of negotiable instruments
  644  under the law merchant and the negotiable instruments law of the
  645  state.
  646         (5) Notwithstanding any of the provisions of this chapter,
  647  each project, building, or facility that which has been financed
  648  by the issuance of bonds or other evidences of indebtedness
  649  under this chapter and any refinancing thereof is hereby
  650  approved as provided for in s. 11(f), Art. VII of the State
  651  Constitution.
  652         (6) Revenue bonds issued under the provisions of this
  653  chapter are not debts of the state or pledges of the faith and
  654  credit of the state. Such bonds are payable exclusively from
  655  revenues pledged for their payment. Each such bond shall contain
  656  a statement on its face that the state is not obligated to pay
  657  the same or the interest thereon, except from the revenues
  658  pledged for their payment, and that the faith and credit of the
  659  state is not pledged to the payment of the principle or interest
  660  of such bond. The issuance of revenue bonds under the provisions
  661  of this chapter does not directly, indirectly, or contingently
  662  obligate the state to levy or to pledge any form of taxation
  663  whatsoever or to make any appropriation for their payment.
  664         Section 8. Section 349.06, Florida Statutes, is repealed.
  665         Section 9. Section 349.061, Florida Statutes, is created to
  666  read:
  667         349.061 Bond financing authority.—Pursuant to s. 11(f),
  668  Art. VII of the State Constitution, the Legislature hereby
  669  approves for bond financing by the authority any extensions,
  670  additions, and improvements to the Jacksonville Expressway
  671  System and any other facilities appurtenant, necessary, or
  672  incidental to the system or any transportation facilities herein
  673  authorized to be constructed, acquired, or operated by the
  674  authority. Subject to terms and conditions of applicable revenue
  675  bond resolutions and covenants, such costs may be financed in
  676  whole or in part by revenue bonds issued pursuant to s.
  677  349.05(1)(a) or (b), whether currently issued or issued in the
  678  future, or by a combination of such bonds.
  679         Section 10. Subsection (7) of section 349.07, Florida
  680  Statutes, is amended to read:
  681         349.07 Lease-purchase agreement.—
  682         (7) Regardless of whether the authority enters into a
  683  lease-purchase agreement with the department relating to the
  684  system or any part thereof, the Said system shall be a part of
  685  the State Highway road System and the said department is hereby
  686  authorized, upon the request of the authority, to expend out of
  687  any funds available for the purpose such moneys, and to use such
  688  of its engineering and other forces, as may be necessary and
  689  desirable in the judgment of the said department, for the
  690  operation of the said authority and for traffic surveys,
  691  borings, surveys, preparation of plans and specifications,
  692  estimates of cost, and other preliminary engineering and other
  693  studies; provided, however, that the aggregate amount of moneys
  694  expended for said purposes by said department shall not exceed
  695  the sum of $375,000.
  696         Section 11. Section 349.10, Florida Statutes, is amended to
  697  read:
  698         349.10 Acquisition of lands and property.—
  699         (1) For the purposes of this chapter, law the Jacksonville
  700  Transportation Authority may acquire private or public property
  701  and property rights, including rights of access, air, view, and
  702  light, by gift, devise, purchase, or condemnation by eminent
  703  domain proceedings, as the authority may deem necessary,
  704  including, but not limited to, any lands reasonably necessary
  705  for securing applicable permits, areas necessary for management
  706  of access, borrow pits, drainage ditches, water retention areas,
  707  rest areas, replacement access for landowners whose access is
  708  impaired due to the construction of transportation facilities,
  709  and replacement rights-of-way for relocated rail and utility
  710  facilities, and areas necessary for existing, proposed, or
  711  anticipated transportation facilities or in a transportation
  712  corridor designated by the authority. The authority shall also
  713  have the power to condemn any material and property necessary
  714  for such for any of the purposes of this chapter. The right of
  715  eminent domain herein conferred in this section shall be
  716  exercised by the authority in the manner provided by law.
  717  Notwithstanding that the authority is an agency of the state,
  718  the authority shall not exercise it powers of condemnation
  719  granted in this section with respect to any property or property
  720  rights of any county or municipality, including, without
  721  limitation, the City of Jacksonville.
  722         (2) The authority may acquire such rights, title, interest,
  723  or easements in such lands as it may deem necessary for any of
  724  the purposes of this chapter.
  725         (3) In connection with the acquisition of property or
  726  property rights as herein provided, the authority may in its
  727  discretion acquire an entire lot, block, or tract of land, if by
  728  so doing the interests of the public will be best served, even
  729  though said entire lot, block, or tract is not immediately
  730  needed for the right-of-way proper.
  731         (4) When the authority acquires property for a
  732  transportation facility or in a transportation corridor, it is
  733  not subject to any liability imposed by chapter 376 or chapter
  734  403 for preexisting soil or groundwater contamination due solely
  735  to its ownership. This section does not affect the rights or
  736  liabilities of any past or future owners of the acquired
  737  property nor does it affect the liability of any governmental
  738  entity for the results of its actions that create or exacerbate
  739  a pollution source. The authority and the Department of
  740  Environmental Protection may enter into interagency agreements
  741  for the performance, funding, and reimbursement for the costs of
  742  the investigative and remedial acts necessary for property
  743  acquired by the authority.
  744         Section 12. Section 349.12, Florida Statutes, is amended to
  745  read:
  746         349.12 Covenant of the state.—The state does hereby pledge
  747  to, and agree agrees, with any person, firm, or corporation, or
  748  federal or state agency subscribing to, or acquiring the bonds
  749  to be issued by the authority for the purposes of this chapter
  750  that the state will not limit or alter the rights hereby vested
  751  in the authority and the department until all bonds at any time
  752  issued, together with the interest thereon, are fully paid and
  753  discharged insofar as the same affects the rights of the holders
  754  of bonds issued hereunder. The state does further pledge to, and
  755  agree, with the United States and any federal agency that, in
  756  the event that any federal agency shall construct or contribute
  757  any funds for the completion, extension, or improvement of the
  758  Jacksonville Expressway System or other transportation
  759  facilities of the authority, or any part or portion thereof, the
  760  state will not alter or limit the rights and powers of the
  761  authority and the department in any manner that which would be
  762  inconsistent with the continued maintenance and operation of the
  763  Jacksonville Expressway System or other transportation
  764  facilities of the authority or the completion, extension, or
  765  improvement thereof, or that which would be inconsistent with
  766  the due performance of any agreements between the authority and
  767  any such federal agency, and the authority and the department
  768  shall continue to have and may exercise all powers herein
  769  granted, so long as the same shall be necessary or desirable for
  770  the carrying out of the purposes of this chapter and the
  771  purposes of the United States in the completion, extension, or
  772  improvement of the Jacksonville Expressway System or other
  773  transportation facilities of the authority, or any part or
  774  portion thereof.
  775         Section 13. Section 349.13, Florida Statutes, is amended to
  776  read:
  777         349.13 Exemption from taxation.—The effectuation of the
  778  authorized purposes of the authority created under this chapter
  779  is, shall and will be, in all respects for the benefit of the
  780  people of the state, for the increase of their commerce and
  781  prosperity, and for the improvement of their health and living
  782  conditions, and since such authority will be performing
  783  essential governmental functions in effectuating such purposes,
  784  such authority shall not be required to pay any taxes or
  785  assessments of any kind or nature whatsoever upon any property
  786  acquired or used by it for such purposes, or upon any rates,
  787  fees, rentals, receipts, income, or charges at any time received
  788  by it, and the bonds and other obligations issued under this
  789  chapter by the authority, their transfer and the income
  790  therefrom, (including any profits made on the sale thereof),
  791  shall at all times be free from taxation of any kind by the
  792  state, or by any political subdivision, or taxing agency or
  793  instrumentality thereof. The exemption granted by this section
  794  shall not be applicable to any tax imposed by chapter 220 on
  795  interest, income, or profits on debt obligations owned by
  796  corporations. When property of the authority is leased, it shall
  797  be exempt from ad valorem taxes only if the use by the lessee
  798  qualifies the property for exemption under s. 196.199.
  799         Section 14. Section 349.15, Florida Statutes, is amended to
  800  read:
  801         349.15 Remedies; pledges enforceable by bondholders.—Any
  802  holder of bonds issued under this chapter, except to the extent
  803  such rights may be restricted by the resolution, deed of trust,
  804  indenture, or other proceeding relating to the issuance of such
  805  bonds, may by civil action, mandamus, or other appropriate
  806  action, suit, or proceeding in law or in equity, in any court of
  807  competent jurisdiction, protect and enforce any and all rights
  808  of such bondholder granted under the proceedings authorizing the
  809  issuance of such bonds and enforce any pledge made for payment
  810  of the principal and interest on bonds, or any covenant or
  811  agreement relative thereto, against the authority or directly
  812  against the department, as may be appropriate. It is the express
  813  intention of this chapter that any pledge by the department of
  814  rates, fees, revenues, Duval county gasoline tax funds, or other
  815  funds, as rentals, to the authority or any covenants or
  816  agreements relative thereto may be enforceable in any court of
  817  competent jurisdiction against the authority or directly against
  818  the department by any holder of bonds issued by the authority.
  819         Section 15. Section 349.17, Florida Statutes, is amended to
  820  read:
  821         349.17 Chapter complete and additional authority.—
  822         (1) The powers conferred by this chapter shall be in
  823  addition and supplemental to the existing powers of said board
  824  and the Department of Transportation, and this chapter shall not
  825  be construed as repealing any of the provisions of any other
  826  law, general, special, or local, but to supersede such other
  827  laws in the exercise of the powers provided in this chapter, and
  828  to provide a complete method for the exercise of the powers
  829  granted in this chapter. The refunding of any of the bonds of
  830  Florida State Improvement Commission heretofore issued to
  831  finance part of the cost of said Jacksonville Expressway System,
  832  and the completion, extension, and improvement of said system,
  833  and the issuance of bonds hereunder to finance all or part of
  834  the cost thereof, may be accomplished upon compliance with the
  835  provisions of this chapter without regard to or necessity for
  836  compliance with the provisions, limitations, or restrictions
  837  contained in any other general, special, or local law,
  838  including, without limitation, s. 215.821, and no approval of
  839  any bonds issued under this chapter by the qualified electors or
  840  qualified electors who are freeholders in the state or in said
  841  County of Duval, or in said City of Jacksonville, or in any
  842  other political subdivision of the state, shall be required for
  843  the issuance of such bonds pursuant to this chapter.
  844         (2) This chapter shall not be deemed to repeal, rescind, or
  845  modify any other law or laws relating to said State Board of
  846  Administration, said Department of Transportation, or said
  847  Florida State Improvement Commission, but shall be deemed to and
  848  shall supersede such other law or laws in the exercise of the
  849  powers provided in this chapter insofar as such other law or
  850  laws are inconsistent with the provisions of this chapter,
  851  including, without limitation, s. 215.821.
  852         Section 16. Section 349.21, Florida Statutes, is amended to
  853  read:
  854         349.21 Powers conferred by s. 212.055(1).—Notwithstanding
  855  any other provision of law, any transportation authority created
  856  by this chapter shall have all the powers conferred by s.
  857  212.055(1). The revenues provided by this section may shall be
  858  used or pledged to pay principal and interest on bonds as set
  859  forth in s. 212.055(1). In no event may local transportation
  860  surtax moneys collected in Duval County be expended on
  861  transportation facilities outside the boundaries of Duval County
  862  for which tolls have been pledged. The powers provided by this
  863  section shall expire when all such bonds in existence on the
  864  effective date of this act have been retired.
  865         Section 17. Section 349.22, Florida Statutes, is created to
  866  read:
  867         349.22 Public-private transportation facilities.—
  868         (1) The authority may receive or solicit proposals and
  869  enter into agreements with private entities or consortia thereof
  870  for the building, operation, ownership, or financing of
  871  highways, bridges, multimodal transportation systems, transit
  872  oriented development nodes, transit stations, or related
  873  transportation facilities. Before approval, the authority must
  874  determine that a proposed project:
  875         (a) Is in the public’s best interest.
  876         (b) Would not require state funds to be used unless the
  877  project is on or provides increased mobility on the State
  878  Highway System.
  879         (c) Would have adequate safeguards to ensure that
  880  additional costs or unreasonable service disruptions would not
  881  be realized by the traveling public and citizens of the state in
  882  the event of default or cancellation of the agreement by the
  883  authority.
  884         (2) The authority shall ensure that all reasonable costs to
  885  the state related to transportation facilities that are not part
  886  of the State Highway System are borne by the private entity that
  887  develops or operates the facilities. The authority shall also
  888  ensure that all reasonable costs to the state and substantially
  889  affected local governments and utilities related to the private
  890  transportation facility are borne by the private entity for
  891  transportation facilities that are owned by private entities.
  892  For projects on the State Highway System or that provide
  893  increased mobility on the State Highway System, the department
  894  may use state resources to participate in funding and financing
  895  the project as provided for under the department’s enabling
  896  legislation.
  897         (3) The authority may request proposals and receive
  898  unsolicited proposals for public-private transportation projects
  899  and, upon receipt of any unsolicited proposal or determination
  900  to issue a request for proposals, must publish a notice in the
  901  Florida Administrative Weekly and a newspaper of general
  902  circulation in the county in which the proposed project is
  903  located at least once a week for 2 weeks requesting proposals
  904  or, if an unsolicited proposal was received, stating that it has
  905  received the proposal and will accept, for 60 days after the
  906  initial date of publication, other proposals for the same
  907  project purpose. A copy of the notice must be mailed to each
  908  local government in the affected areas. After the public
  909  notification period has expired, the authority shall rank the
  910  proposals in order of preference. In ranking the proposals, the
  911  authority shall consider professional qualifications, general
  912  business terms, innovative engineering or cost-reduction terms,
  913  finance plans, and the need for state funds to deliver the
  914  proposal. If the authority is not satisfied with the results of
  915  the negotiations, it may, at its sole discretion, terminate
  916  negotiations with the proposer. If these negotiations are
  917  unsuccessful, the authority may go to the second and lower
  918  ranked firms, in order, using the same procedure. If only one
  919  proposal is received, the authority may negotiate in good faith
  920  and, if it is not satisfied with the results, may, at its sole
  921  discretion, terminate negotiations with the proposer.
  922  Notwithstanding this subsection, the authority may, at its
  923  discretion, reject all proposals at any point in the process up
  924  to completion of a contract with the proposer. Any person
  925  submitting an unsolicited proposal shall submit with the
  926  proposal the sum of $25,000 to the authority to be applied by
  927  the authority to its costs of review and analysis of the
  928  proposal, and such person shall remain liable for any additional
  929  costs and expenses of the authority incurred for the review and
  930  analysis.
  931         (4) Agreements entered into pursuant to this section may
  932  authorize the authority or the private project owner, lessee, or
  933  operator to impose, collect, and enforce tolls or fares for the
  934  use of the transportation facility. However, the amount and use
  935  of toll or fare revenues shall be regulated by the authority to
  936  avoid unreasonable costs to users of the facility.
  937         (5) Each public-private transportation facility constructed
  938  pursuant to this section shall comply with all requirements of
  939  federal, state, and local laws; state, regional, and local
  940  comprehensive plans; the authority’s rules, policies,
  941  procedures, and standards for transportation facilities; and any
  942  other conditions that the authority determines to be in the
  943  public’s best interest.
  944         (6) The authority may exercise any of its powers, including
  945  eminent domain, to facilitate the development and construction
  946  of transportation projects pursuant to this section. The
  947  authority may pay all or part of the cost of operating and
  948  maintaining the facility or may provide services to the private
  949  entity, for which services it shall receive full or partial
  950  reimbursement.
  951         (7) Except as provided in this section, this section is not
  952  intended to amend existing law by granting additional powers to
  953  or imposing further restrictions on the governmental entities
  954  with regard to regulating and entering into cooperative
  955  arrangements with the private sector for the planning,
  956  construction, and operation of transportation facilities.
  957         Section 18. Paragraph (b) of subsection (2) of section
  958  20.23, Florida Statutes, is amended to read:
  959         20.23 Department of Transportation.—There is created a
  960  Department of Transportation which shall be a decentralized
  961  agency.
  962         (2)
  963         (b) The commission shall have the primary functions to:
  964         1. Recommend major transportation policies for the
  965  Governor’s approval, and assure that approved policies and any
  966  revisions thereto are properly executed.
  967         2. Periodically review the status of the state
  968  transportation system including highway, transit, rail, seaport,
  969  intermodal development, and aviation components of the system
  970  and recommend improvements therein to the Governor and the
  971  Legislature.
  972         3. Perform an in-depth evaluation of the annual department
  973  budget request, the Florida Transportation Plan, and the
  974  tentative work program for compliance with all applicable laws
  975  and established departmental policies. Except as specifically
  976  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  977  not consider individual construction projects, but shall
  978  consider methods of accomplishing the goals of the department in
  979  the most effective, efficient, and businesslike manner.
  980         4. Monitor the financial status of the department on a
  981  regular basis to assure that the department is managing revenue
  982  and bond proceeds responsibly and in accordance with law and
  983  established policy.
  984         5. Monitor on at least a quarterly basis, the efficiency,
  985  productivity, and management of the department, using
  986  performance and production standards developed by the commission
  987  pursuant to s. 334.045.
  988         6. Perform an in-depth evaluation of the factors causing
  989  disruption of project schedules in the adopted work program and
  990  recommend to the Legislature and the Governor methods to
  991  eliminate or reduce the disruptive effects of these factors.
  992         7. Recommend to the Governor and the Legislature
  993  improvements to the department’s organization in order to
  994  streamline and optimize the efficiency of the department. In
  995  reviewing the department’s organization, the commission shall
  996  determine if the current district organizational structure is
  997  responsive to Florida’s changing economic and demographic
  998  development patterns. The initial report by the commission must
  999  be delivered to the Governor and Legislature by December 15,
 1000  2000, and each year thereafter, as appropriate. The commission
 1001  may retain such experts as are reasonably necessary to
 1002  effectuate this subparagraph, and the department shall pay the
 1003  expenses of such experts.
 1004         8. Monitor the efficiency, productivity, and management of
 1005  the authorities created under chapters 343, and 348, and 349,
 1006  including any authority formed using the provisions of part I of
 1007  chapter 348. The commission shall also conduct periodic reviews
 1008  of each authority’s operations and budget, acquisition of
 1009  property, management of revenue and bond proceeds, and
 1010  compliance with applicable laws and generally accepted
 1011  accounting principles.
 1012         Section 19. This act shall take effect July 1, 2009.