Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 422
       
       
       
       
       
       
                                Barcode 742834                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Transportation (Joyner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 9 - 10
    4  and insert:
    5         Section 1. Subsection (3) of section 348.51, Florida
    6  Statutes, is amended to read:
    7         348.51 Definitions.—The following terms whenever used or
    8  referred to in this part shall have the following meanings,
    9  except in those instances where the context clearly indicates
   10  otherwise:
   11         (3) “Bonds” means and includes the notes, bonds, refunding
   12  bonds, or other evidences of indebtedness or obligations, in
   13  either temporary or definitive form, which of the authority is
   14  authorized to issue issued pursuant to this part.
   15         Section 2. Subsections (7) and (8) of section 348.54,
   16  Florida Statutes, are amended to read:
   17         348.54 Powers of the authority.—Except as otherwise limited
   18  herein, the authority shall have the power:
   19         (7) To borrow money and to make and issue negotiable bonds,
   20  notes, refunding bonds, and other evidences of indebtedness or
   21  obligations, either in temporary or definitive form, hereinafter
   22  in this chapter referred to bonds of the authority, for the
   23  purpose of financing all or part of the improvement or extension
   24  of the expressway system, and appurtenant facilities, including
   25  all approaches, streets, roads, bridges, and avenues of access
   26  for the expressway system and for any other purpose authorized
   27  by this part and to provide for the rights of the holders
   28  thereof.
   29         (8) To secure the payment of bonds by a pledge of all or
   30  any portion of the revenues or such other moneys legally
   31  available therefor and of all or any portion of the Hillsborough
   32  County gasoline tax funds in the manner provided by this part;
   33  and in general to provide for the security of the bonds and the
   34  rights and remedies of the holders thereof. Interest upon the
   35  amount of gasoline tax funds to be repaid to the county pursuant
   36  to s. 348.60 shall be payable, at the highest rate applicable to
   37  any outstanding bonds of the authority, out of revenues and
   38  other available moneys not required to meet the authority’s
   39  obligations to its bondholders. The authority shall have no
   40  power at any time or in any manner to pledge the credit or
   41  taxing power of the state or any political subdivision or
   42  agency, including the city and the county, nor shall any of the
   43  authority’s obligations be deemed to be obligations of the state
   44  or of any political subdivision or agency, nor shall the state
   45  or any political subdivision or agency, except the authority, be
   46  liable for the payment of the principal of or interest on such
   47  obligations.
   48         Section 3. Section 348.545, Florida Statutes, is amended to
   49  read:
   50         348.545 Facility improvement; bond financing authority.
   51  Pursuant to s. 11(f), Art. VII of the State Constitution, the
   52  Legislature hereby approves for bond financing by the Tampa
   53  Hillsborough County Expressway Authority improvements to toll
   54  collection facilities, interchanges to the legislatively
   55  approved expressway system, and any other facility appurtenant,
   56  necessary, or incidental to the approved system. Subject to
   57  terms and conditions of applicable revenue bond resolutions and
   58  covenants, such costs financing may be financed in whole or in
   59  part by revenue bonds issued pursuant to s. 348.56 (1)(a) or s.
   60  348.56 (1)(b) whether currently issued or issued in the future,
   61  or by a combination of such bonds.
   62         Section 4. Subsections (1) and (2) of section 348.56,
   63  Florida Statutes, are amended to read:
   64         348.56 Bonds of the authority.—
   65         (1)(a)Bonds may be issued on behalf of the authority
   66  pursuant to the State Bond Act.
   67         (b)Alternatively, the authority shall have the power and
   68  is hereby authorized from time to time to issue bonds in such
   69  principal amount as, in the opinion of the authority, shall be
   70  necessary to provide sufficient moneys for achieving its
   71  corporate purposes, including construction, reconstruction,
   72  improvement, extension, repair, maintenance and operation of the
   73  expressway system, the cost of acquisition of all real property,
   74  interest on bonds during construction and for a reasonable
   75  period thereafter, establishment of reserves to secure bonds,
   76  and all other expenditures of the authority incident to and
   77  necessary or convenient to carry out its corporate purposes and
   78  powers.
   79         (2)(a) Bonds issued by the authority pursuant to paragraph
   80  (1)(a) or paragraph (1)(b) shall be authorized by resolution of
   81  the members of the authority and shall bear such date or dates,
   82  mature at such time or times, not exceeding 40 years from their
   83  respective dates, bear interest at such rate or rates, not
   84  exceeding the maximum rate fixed by general law for authorities,
   85  be in such denominations, be in such form, either coupon or
   86  fully registered, carry such registration, exchangeability and
   87  interchangeability privileges, be payable in such medium of
   88  payment and at such place or places, be subject to such terms of
   89  redemption and be entitled to such priorities of lien on the
   90  revenues, other available moneys, and the Hillsborough County
   91  gasoline tax funds as such resolution or any resolution
   92  subsequent thereto may provide. The bonds shall be executed
   93  either by manual or facsimile signature by such officers as the
   94  authority shall determine, provided that such bonds shall bear
   95  at least one signature which is manually executed thereon. The
   96  coupons attached to such bonds shall bear the facsimile
   97  signature or signatures of such officer or officers as shall be
   98  designated by the authority. Such bonds shall have the seal of
   99  the authority affixed, imprinted, reproduced, or lithographed
  100  thereon.
  101         (b) The bonds issued pursuant to paragraph (1)(a) or
  102  paragraph (1)(b) shall be sold at public sale in the same manner
  103  provided in the State Bond Act, and the net interest cost to the
  104  authority on such bonds shall not exceed the maximum rate fixed
  105  by general law for authorities. If all bids received on the
  106  public sale are rejected, the authority may then proceed to
  107  negotiate for the sale of the bonds at a net interest cost which
  108  shall be less than the lowest net interest cost stated in the
  109  bids rejected at the public sale. However, if the authority
  110  determines, by official action at a public meeting, that a
  111  negotiated sale of such bonds is in the best interest of the
  112  authority, the authority may negotiate the sale of such bonds
  113  with the underwriter or underwriters designated by the authority
  114  and the Division of Bond Finance within the State Board of
  115  Administration with respect to bonds issued pursuant to
  116  paragraph (1)(a) or solely by the authority with respect to
  117  bonds issued pursuant to paragraph (1)(b). The authority’s
  118  determination to negotiate the sale of such bonds may be based,
  119  in part, upon the written advice of the authority’s financial
  120  adviser. Pending the preparation of definitive bonds, temporary
  121  bonds or interim certificates may be issued to the purchaser or
  122  purchasers of such bonds and may contain such terms and
  123  conditions as the authority may determine.
  124         Section 5. Section 348.565, Florida Statutes, is amended to
  125  read:
  126         348.565 Revenue bonds for specified projects.—The existing
  127  facilities that constitute the Tampa-Hillsborough County
  128  Expressway System are hereby approved to be refinanced by the
  129  issuance of revenue bonds issued by the Division of Bond Finance
  130  of the State Board of Administration pursuant to s. 11(f), Art.
  131  VII of the State Constitution and the State Bond Act, or by
  132  revenue bonds issued by the authority pursuant to s.
  133  348.56(1)(b). In addition, the following projects of the Tampa
  134  Hillsborough County Expressway Authority are approved to be
  135  financed or refinanced by the issuance of revenue bonds in
  136  accordance with this part and pursuant to s. 11(f), Art. VII of
  137  the State Constitution:
  138         (1) Brandon area feeder roads.
  139         (2) Capital improvements to the expressway system,
  140  including safety and operational improvements and toll
  141  collection equipment.
  142         (3) Lee Roy Selmon Crosstown Expressway System widening.
  143         (4) The connector highway linking the Lee Roy Selmon
  144  Crosstown Expressway to Interstate 4.
  145         Section 6. Subsection (1) of section 348.57, Florida
  146  Statutes, is amended to read:
  147         348.57 Refunding bonds.—
  148         (1) Subject to public notice as provided in s. 348.54, the
  149  authority is authorized to provide by resolution for the
  150  issuance from time to time of bonds pursuant to s. 348.56(1)(b)
  151  for the purpose of refunding any bonds then outstanding
  152  regardless of whether the bonds being refunded were issued by
  153  the authority pursuant to this chapter or on behalf of the
  154  authority pursuant to the State Bond Act. The authority is
  155  further authorized to provide by resolution for the issuance of
  156  bonds for the combined purpose of:
  157         (a) Paying the cost of constructing, reconstructing,
  158  improving, extending, repairing, maintaining and operating the
  159  expressway system.
  160         (b) Refunding bonds then outstanding. The authorization,
  161  sale and issuance of such obligations, the maturities and other
  162  details thereof, the rights and remedies of the holders thereof,
  163  and the rights, powers, privileges, duties and obligations of
  164  the authority with respect to the same shall be governed by the
  165  foregoing provisions of this part insofar as the same may be
  166  applicable.
  167         Section 7. Section 348.70, Florida Statutes, is amended to
  168  read:
  169         348.70 This part complete and additional authority.—
  170         (1) The powers conferred by this part shall be in addition
  171  and supplemental to the existing respective powers of the
  172  authority, the department, the county and the city, if any, and
  173  this part shall not be construed as repealing any of the
  174  provisions of any other law, general, special or local, but
  175  shall be deemed to supersede such other law or laws in the
  176  exercise of the powers provided in this part insofar as such
  177  other law or laws are inconsistent with the provisions of this
  178  part and to provide a complete method for the exercise of the
  179  powers granted herein. The construction, reconstruction,
  180  improvement, extension, repair, maintenance and operation of the
  181  expressway system, and the issuance of bonds hereunder to
  182  finance all or part of the cost thereof, may be accomplished
  183  upon compliance with the provisions of this part without regard
  184  to or necessity for compliance with the provisions, limitations,
  185  or restrictions contained in any other general, special or local
  186  law, including, but not limited to, s. 215.821, and no approval
  187  of any bonds issued under this part by the qualified electors or
  188  qualified electors who are freeholders in the state or in the
  189  county or in the city or in any other political subdivision of
  190  the state shall be required for the issuance of such bonds.
  191         (2)This part does not repeal, rescind, or modify any other
  192  law or laws relating to the State Board of Administration, the
  193  Department of Transportation, or the Division of Bond Finance of
  194  the State Board of Administration, but shall supersede such
  195  other law or laws as are inconsistent with the provisions of
  196  this part, including, but not limited to, s. 215.821.
  197  
  198  ================= T I T L E  A M E N D M E N T ================
  199         And the title is amended as follows:
  200         Delete everything before the enacting clause
  201  and insert:
  202                        A bill to be entitled                      
  203         An act relating to the Department of Transportation;
  204         amending s. 348.51 F.S.; revising the definition of
  205         the term “bonds”; amending s. 348.54, F.S.;
  206         authorizing the Tampa-Hillsborough County Expressway
  207         Authority to make and issue notes, refunding bonds,
  208         and other evidences of indebtedness or obligations for
  209         specified purposes relating to the expressway system;
  210         prohibiting the authority to have power to pledge the
  211         credit or taxing power of the state; providing that
  212         the authority’s obligations are not obligations of the
  213         state, political subdivision, or agency; providing
  214         that the state, a political subdivision, or agency is
  215         not liable for the payment of principal or interest on
  216         the authority’s obligations; amending s. 348.545,
  217         F.S.; authorizing costs of authority improvements to
  218         be financed by bonds issued on behalf of the authority
  219         pursuant to the State Bond Act or bonds issued by the
  220         authority pursuant to ch. 348, F.S.; amending s.
  221         348.56, F.S.; authorizing bonds to be issued on behalf
  222         of the authority pursuant to the State Bond Act or
  223         issued by the authority pursuant to ch. 348, F.S.;
  224         revising requirements for such bonds; requiring the
  225         bonds to be sold at public sale; authorizing the
  226         authority to negotiate the sale of bonds with
  227         underwriters under certain circumstances; amending s.
  228         348.565, F.S.; providing that facilities of the
  229         expressway system are approved to be refinanced by the
  230         revenue bonds issued by the Division of Bond Finance
  231         of the State Board of Administration and the State
  232         Bond Act, or by revenue bonds issued by the authority;
  233         providing that certain projects of the authority are
  234         approved for financing or refinancing by revenue bonds
  235         issued according to part IV of ch. 348, F.S., and the
  236         State Constitution; amending s. 348.57, F.S.;
  237         authorizing the authority to provide for the issuance
  238         of certain bonds for the refunding of any bonds then
  239         outstanding regardless of whether the bonds being
  240         refunded were issued by the authority pursuant to this
  241         chapter or on behalf of the authority pursuant to the
  242         State Bond Act; amending s. 348.70, F.S.; providing
  243         that part IV of ch. 348, F.S., relating to the Tampa
  244         Hillsborough County Express Authority, does not
  245         repeal, rescind, or modify certain laws; providing an
  246         effective date.