Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (730310) for CS for SB 1132
       
       
       
       
       
       
                                Barcode 303472                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2980 - 3114
    4  and insert:
    5  provided in the bond resolution securing the bonds, and
    6  expressly assumes all obligations relating to the bonds to
    7  ensure that the transfer will have no adverse impact on the
    8  security for the bonds. The transfer does not make the
    9  obligation to pay the principal and interest on the bonds a
   10  general liability of the Central Florida Expressway Authority or
   11  pledge additional expressway system revenues to payment of the
   12  bonds. Revenues that are generated by the expressway system and
   13  other facilities of the Central Florida Expressway Authority
   14  which were pledged by the Orlando-Orange County Expressway
   15  Authority to payment of the bonds will remain subject to the
   16  pledge for the benefit of the bondholders. The transfer does not
   17  modify or eliminate any prior obligation of the department to
   18  pay certain costs of the expressway system from sources other
   19  than revenues of the expressway system.
   20         (3)(2) The governing body of the authority shall consist of
   21  11 five members. The chairs of the boards of the county
   22  commissions of Seminole, Lake, and Osceola Counties shall each
   23  appoint one member, who may be a commission member or chair. The
   24  Governor shall appoint six citizen members. Of the Governor’s
   25  appointments, two Three members must shall be citizens of Orange
   26  County, one member each must be a citizen of Seminole, Lake, and
   27  Osceola Counties, and one member may be a citizen of any of the
   28  identified counties who shall be appointed by the Governor. The
   29  10th fourth member must shall be, ex officio, the Mayor of chair
   30  of the County Commissioners of Orange County. The 11th member
   31  must be the Mayor of the City of Orlando. The executive director
   32  of Florida Turnpike Enterprise shall serve as a nonvoting
   33  advisor to the governing body of the authority, and the fifth
   34  member shall be, ex officio, the district secretary of the
   35  Department of Transportation serving in the district that
   36  contains Orange County. The term of Each appointed member
   37  appointed by the Governor shall serve be for 4 years. Each
   38  county-appointed member shall serve for 2 years. Standing board
   39  members shall complete their terms. Each appointed member shall
   40  hold office until his or her successor has been appointed and
   41  has qualified. A vacancy occurring during a term must shall be
   42  filled only for the balance of the unexpired term. Each
   43  appointed member of the authority shall be a person of
   44  outstanding reputation for integrity, responsibility, and
   45  business ability, but, except as provided in this subsection, a
   46  no person who is an officer or employee of a municipality or any
   47  city or of Orange county may not in any other capacity shall be
   48  an appointed member of the authority. Any member of the
   49  authority is shall be eligible for reappointment.
   50         (4)(3)(a) The authority shall elect one of its members as
   51  chair of the authority. The authority shall also elect one of
   52  its members as vice chair, one of its members as a secretary,
   53  and one of its members as a treasurer who may or may not be
   54  members of the authority. The chair, vice chair, secretary, and
   55  treasurer shall hold such offices at the will of the authority.
   56  Six Three members of the authority shall constitute a quorum,
   57  and the vote of six three members is shall be necessary for any
   58  action taken by the authority. A No vacancy in the authority
   59  does not shall impair the right of a quorum of the authority to
   60  exercise all of the rights and perform all of the duties of the
   61  authority.
   62         (b) Upon the effective date of his or her appointment, or
   63  as soon thereafter as practicable, each appointed member of the
   64  authority shall enter upon his or her duties.
   65         (5)(4)(a) The authority may employ an executive secretary,
   66  an executive director, its own counsel and legal staff,
   67  technical experts, and the such engineers, and such employees
   68  that, permanent or temporary, as it requires. The authority may
   69  require and may determine the qualifications and fix the
   70  compensation of such persons, firms, or corporations, and may
   71  employ a fiscal agent or agents;, provided, however, that the
   72  authority shall solicit sealed proposals from at least three
   73  persons, firms, or corporations for the performance of any
   74  services as fiscal agents. The authority may delegate to one or
   75  more of its agents or employees the such of its power as it
   76  deems shall deem necessary to carry out the purposes of this
   77  part, subject always to the supervision and control of the
   78  authority. Members of the authority may be removed from their
   79  office by the Governor for misconduct, malfeasance, misfeasance,
   80  or nonfeasance in office.
   81         (b) Members of the authority are shall be entitled to
   82  receive from the authority their travel and other necessary
   83  expenses incurred in connection with the business of the
   84  authority as provided in s. 112.061, but may not they shall draw
   85  no salaries or other compensation.
   86         Section 60. Section 348.754, Florida Statutes, is amended
   87  to read:
   88         348.754 Purposes and powers.—
   89         (1)(a) The authority created and established under by the
   90  provisions of this part is hereby granted and has shall have the
   91  right to acquire, hold, construct, improve, maintain, operate,
   92  own, and lease in the capacity of lessor, the Central Florida
   93  Orlando-Orange County Expressway System, hereinafter referred to
   94  as “system.” Except as otherwise specifically provided by law,
   95  including paragraph (2)(n), the area served by the authority
   96  shall be within the geographical boundaries of Orange, Seminole,
   97  Lake, and Osceola Counties.
   98         (b) It is the express intention of this part that said
   99  authority, In the construction of the Central Florida said
  100  Orlando-Orange County Expressway System, the authority may shall
  101  be authorized to construct any extensions, additions, or
  102  improvements to the said system or appurtenant facilities,
  103  including all necessary approaches, roads, bridges, and avenues
  104  of access, rapid transit, trams, fixed guideways, thoroughfares,
  105  and boulevards with any such changes, modifications, or
  106  revisions of the said project which are as shall be deemed
  107  desirable and proper.
  108         (c)Notwithstanding any other provision of this part to the
  109  contrary, to ensure the continued financial feasibility of the
  110  portion of the Wekiva Parkway to be constructed by the
  111  department, the authority may not, without the prior consent of
  112  the secretary of the department, construct an extension,
  113  addition, or improvement to the expressway system in Lake
  114  County.
  115         (2) The authority is hereby granted, and shall have and may
  116  exercise all powers necessary, appurtenant, convenient, or
  117  incidental to the implementation carrying out of the stated
  118  aforesaid purposes, including, but not without being limited to,
  119  the following rights and powers:
  120         (a) To sue and be sued, implead and be impleaded, complain
  121  and defend in all courts.
  122         (b) To adopt, use, and alter at will a corporate seal.
  123         (c) To acquire by donation or otherwise, purchase, hold,
  124  lease as lessee, and use any franchise or any, property, real,
  125  personal, or mixed, or tangible or intangible, or any options
  126  thereof in its own name or in conjunction with others, or
  127  interest in those options therein, necessary or desirable to
  128  carry for carrying out the purposes of the authority, and to
  129  sell, lease as lessor, transfer, and dispose of any property or
  130  interest in the property therein at any time acquired by it.
  131         (d) To enter into and make leases for terms not exceeding
  132  99 40 years, as either lessee or lessor, in order to carry out
  133  the right to lease as specified set forth in this part.
  134         (e) To enter into and make lease-purchase agreements with
  135  the department for terms not exceeding 40 years, or until any
  136  bonds secured by a pledge of rentals pursuant to the agreement
  137  thereunder, and any refundings pursuant to the agreement
  138  thereof, are fully paid as to both principal and interest,
  139  whichever is longer. The authority is a party to a lease-
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142         And the title is amended as follows:
  143         Delete line 326
  144  and insert:
  145         years, the term of a lease