Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (730310) for CS for SB 1132
       
       
       
       
       
       
                                Barcode 918984                          
       
                              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 2388 - 2610
    4  and insert:
    5  secure bonds; and all other expenditures of the authority
    6  incident to and necessary or convenient to carry out its
    7  corporate purposes and powers.
    8         (2)(a)Bonds issued by an authority pursuant to paragraph
    9  (1)(a) or paragraph (1)(b) must be authorized by resolution of
   10  the members of the authority and must bear such date or dates;
   11  mature at such time or times, not exceeding 30 years after their
   12  respective dates; bear interest at such rate or rates, not
   13  exceeding the maximum rate fixed by general law for authorities;
   14  be in such denominations; be in such form, either coupon or
   15  fully registered; carry such registration, exchangeability and
   16  interchangeability privileges; be payable in such medium of
   17  payment and at such place or places; be subject to such terms of
   18  redemption; and be entitled to such priorities of lien on the
   19  revenues and other available moneys as such resolution or any
   20  resolution subsequent to the bonds’ issuance may provide. The
   21  bonds shall be executed either by manual or facsimile signature
   22  by such officers as the authority shall determine, provided that
   23  such bonds shall bear at least one signature that is manually
   24  executed thereon. The coupons attached to such bonds shall bear
   25  the facsimile signature or signatures of such officer or
   26  officers as designated by the authority. Such bonds shall have
   27  the seal of the authority affixed, imprinted, reproduced, or
   28  lithographed thereon.
   29         (b)Bonds issued pursuant to paragraph (1)(a) or paragraph
   30  (1)(b) must be sold at public sale in the same manner provided
   31  in the State Bond Act. Pending the preparation of definitive
   32  bonds, temporary bonds or interim certificates may be issued to
   33  the purchaser or purchasers of such bonds and may contain such
   34  terms and conditions as the authority may determine.
   35         (3)A resolution that authorizes any bonds may contain
   36  provisions that must be part of the contract with the holders of
   37  the bonds, as to:
   38         (a)The pledging of all or any part of the revenues,
   39  available municipal or county funds, or other charges or
   40  receipts of the authority derived from the regional system.
   41         (b)The construction, reconstruction, improvement,
   42  extension, repair, maintenance, and operation of the system, or
   43  any part or parts of the system, and the duties and obligations
   44  of the authority with reference thereto.
   45         (c)Limitations on the purposes to which the proceeds of
   46  the bonds, then or thereafter issued, or of any loan or grant by
   47  any federal agency or the state or any political subdivision of
   48  the state may be applied.
   49         (d)The fixing, charging, establishing, revising,
   50  increasing, reducing, and collecting of tolls, rates, fees,
   51  rentals, or other charges for use of the services and facilities
   52  of the system or any part of the system.
   53         (e)The setting aside of reserves or of sinking funds and
   54  the regulation and disposition of the reserves or sinking funds.
   55         (f)Limitations on the issuance of additional bonds.
   56         (g)The terms and provisions of any deed of trust or
   57  indenture securing the bonds, or under which the bonds may be
   58  issued.
   59         (h)Any other or additional matters, of like or different
   60  character, which in any way affect the security or protection of
   61  the bonds.
   62         (4)The authority may enter into any deeds of trust,
   63  indentures, or other agreements with any bank or trust company
   64  within or without the state, as security for such bonds, and
   65  may, under such agreements, assign and pledge any of the
   66  revenues and other available moneys, including any available
   67  municipal or county funds, pursuant to the terms of this
   68  chapter. The deed of trust, indenture, or other agreement may
   69  contain provisions that are customary in such instruments or
   70  that the authority may authorize, including, but without
   71  limitation, provisions that:
   72         (a)Pledge any part of the revenues or other moneys
   73  lawfully available therefor.
   74         (b)Apply funds and safeguard funds on hand or on deposit.
   75         (c)Provide for the rights and remedies of the trustee and
   76  the holders of the bonds.
   77         (d)Provide for the terms and provisions of the bonds or
   78  for resolutions authorizing the issuance of the bonds.
   79         (e)Provide for any other or additional matters, of like or
   80  different character, which affect the security or protection of
   81  the bonds.
   82         (5)Any bonds issued pursuant to this act are negotiable
   83  instruments and have all the qualities and incidents of
   84  negotiable instruments under the law merchant and the negotiable
   85  instruments law of the state.
   86         (6) A resolution that authorizes the issuance of authority
   87  bonds and pledges the revenues of the system must require that
   88  revenues of the system be periodically deposited into
   89  appropriate accounts in such sums as are sufficient to pay the
   90  costs of operation and maintenance of the system for the current
   91  fiscal year as set forth in the annual budget of the authority
   92  and to reimburse the department for any unreimbursed costs of
   93  operation and maintenance of the system from prior fiscal years
   94  before revenues of the system are deposited into accounts for
   95  the payment of interest or principal owing or that may become
   96  owing on such bonds.
   97         (7) State funds may not be used or pledged to pay the
   98  principal or interest of any authority bonds, and all such bonds
   99  must contain a statement on their face to this effect.
  100         345.0006Remedies of bondholders.—
  101         (1)The rights and the remedies granted to authority
  102  bondholders under this chapter are in addition to and not in
  103  limitation of any rights and remedies lawfully granted to such
  104  bondholders by the resolution or indenture providing for the
  105  issuance of bonds, or by any deed of trust, indenture, or other
  106  agreement under which the bonds may be issued or secured. If an
  107  authority defaults in the payment of the principal of or
  108  interest on any of the bonds issued pursuant to this chapter
  109  after such principal of or interest on the bonds becomes due,
  110  whether at maturity or upon call for redemption, as provided in
  111  the resolution or indenture, and such default continues for 30
  112  days, or in the event that the authority fails or refuses to
  113  comply with the provisions of this chapter or any agreement made
  114  with, or for the benefit of, the holders of the bonds, the
  115  holders of 25 percent in aggregate principal amount of the bonds
  116  then outstanding shall be entitled as of right to the
  117  appointment of a trustee to represent such bondholders for the
  118  purposes of the default provided that the holders of 25 percent
  119  in aggregate principal amount of the bonds then outstanding
  120  first gave written notice of their intention to appoint a
  121  trustee, to the authority and to the department.
  122         (2)The trustee, and any trustee under any deed of trust,
  123  indenture, or other agreement, may, and upon written request of
  124  the holders of 25 percent, or such other percentages specified
  125  in any deed of trust, indenture, or other agreement, in
  126  principal amount of the bonds then outstanding, shall, in any
  127  court of competent jurisdiction, in his, her, or its own name:
  128         (a)By mandamus or other suit, action, or proceeding at
  129  law, or in equity, enforce all rights of the bondholders,
  130  including the right to require the authority to fix, establish,
  131  maintain, collect, and charge rates, fees, rentals, and other
  132  charges, adequate to carry out any agreement as to, or pledge
  133  of, the revenues, and to require the authority to carry out any
  134  other covenants and agreements with or for the benefit of the
  135  bondholders, and to perform its and their duties under this
  136  chapter.
  137         (b)Bring suit upon the bonds.
  138         (c)By action or suit in equity, require the authority to
  139  account as if it were the trustee of an express trust for the
  140  bondholders.
  141         (d)By action or suit in equity, enjoin any acts or things
  142  that may be unlawful or in violation of the rights of the
  143  bondholders.
  144         (3)A trustee, if appointed pursuant to this section or
  145  acting under a deed of trust, indenture, or other agreement, and
  146  whether or not all bonds have been declared due and payable,
  147  shall be entitled as of right to the appointment of a receiver.
  148  The receiver may enter upon and take possession of the system or
  149  the facilities or any part or parts of the system, the revenues
  150  and other pledged moneys, for and on behalf of and in the name
  151  of, the authority and the bondholders. The receiver may collect
  152  and receive all revenues and other pledged moneys in the same
  153  manner as the authority might do. The receiver shall deposit all
  154  such revenues and moneys in a separate account and apply all
  155  such revenues and moneys remaining after allowance for payment
  156  of all costs of operation and maintenance of the system in such
  157  manner as the court directs. In a suit, action, or proceeding by
  158  the trustee, the fees, counsel fees, and expenses of the
  159  trustee, and said receiver, if any, and all costs and
  160  disbursements allowed by the court must be a first charge on any
  161  revenues after payment of the costs of operation and maintenance
  162  of the system. The trustee also has all other powers necessary
  163  or appropriate for the exercise of any functions specifically
  164  set forth in this section or incident to the representation of
  165  the bondholders in the enforcement and protection of their
  166  rights.
  167         (4)This section or any other section of this chapter does
  168  not authorize a receiver appointed pursuant to this section for
  169  the purpose of operating and maintaining the system or any
  170  facilities or parts thereof to sell, assign, mortgage, or
  171  otherwise dispose of any of the assets belonging to the
  172  authority. The powers of such receiver are limited to the
  173  operation and maintenance of the system, or any facility or
  174  parts thereof and to the collection and application of revenues
  175  and other moneys due the authority, in the name and for and on
  176  behalf of the authority and the bondholders. A holder of bonds
  177  or any trustee does not have the right in any suit, action, or
  178  proceeding, at law or in equity, to compel a receiver, or a
  179  receiver may not be authorized or a court may not direct a
  180  receiver to, sell, assign, mortgage, or otherwise dispose of any
  181  assets of whatever kind or character belonging to the authority.
  182         345.0007Department to construct, operate, and maintain
  183  facilities.—
  184         (1) The department is the agent of each authority for the
  185  purpose of performing all phases of a project, including, but
  186  not limited to, constructing improvements and extensions to the
  187  system. The authority shall provide to the department complete
  188  copies of the documents, agreements, resolutions, contracts, and
  189  instruments that relate to the project and shall request that
  190  the department perform the construction work, including the
  191  planning, surveying, design, and actual construction of the
  192  completion, extensions, and improvements to the system. After
  193  the issuance of bonds to finance construction of an improvement
  194  or addition to the system, the authority shall transfer to the
  195  credit of an account of the department in the State Treasury the
  196  necessary funds for construction. The department shall proceed
  197  with construction and use the funds for the purpose authorized
  198  and as otherwise provided by law for construction of roads and
  199  bridges. An authority may alternatively, with the consent and
  200  approval of the department, elect to appoint a local agency
  201  certified by the department to administer federal aid projects
  202  in accordance with federal law as the authority’s agent for the
  203  purpose of performing each phase of a project.
  204         (2) Notwithstanding the provisions of subsection (1), the
  205  department is the agent of each authority for the purpose of
  206  operating and maintaining the system. The department shall
  207  operate and maintain the system, and the costs incurred by the
  208  department for operation and maintenance shall be reimbursed
  209  from revenues of the system. The appointment of the department
  210  as agent for each authority does not create an independent
  211  obligation of the department to operate and maintain a system.
  212  Each authority shall remain obligated as principal to operate
  213  and maintain its system, and an authority’s bondholders do not
  214  have an independent right to compel the department to operate or
  215  maintain the authority’s system.
  216         (3)Each authority shall fix, alter, charge, establish, and
  217  collect tolls, rates, fees, rentals, and other charges for the
  218  authority’s facilities, as otherwise provided in this chapter.
  219         345.0008Department contributions to authority projects.—
  220         (1) The department may agree with an authority to provide
  221  for or contribute to the payment of costs of financial or
  222  engineering and traffic feasibility studies and the design,
  223  financing, acquisition, or construction of an authority project
  224  or system included in the 10-year Strategic Intermodal Plan,
  225  subject to appropriation by the Legislature.
  226         (a) In the manner required by chapter 216, the department
  227  shall include any issue or issues in its legislative budget
  228  request for funding the payment of costs of financial or
  229  engineering and traffic feasibility studies and the design,
  230  financing, acquisition, or construction of an authority project
  231  or system. The request for funding may be included as part of
  232  the 5-year Tentative Work Program; however, it will be decided
  233  upon separately as a distinct funding item for consideration by
  234  the Legislature. The department must include a financial
  235  feasibility test to accompany such legislative budget request
  236  for consideration of funding any authority project.
  237         (b) As determined by the Legislature in the General
  238  Appropriations Act, funding provided for authority projects
  239  shall be appropriated in a specific fixed capital outlay
  240  appropriation category that clearly identifies the authority
  241  project.
  242         (c) The department may not request legislative approval of
  243  acquisition or construction of a proposed authority project
  244  unless the estimated net revenues of the proposed project will
  245  be sufficient to pay at least 50 percent of the annual debt
  246  service on the bonds associated with the project by the end of
  247  the 12th year of operation and to pay at least 100 percent of
  248  the debt service on the bonds by the end of the 30th year of
  249  operation.
  250         (2) The department may use its engineering and other
  251  personnel, including consulting engineers and traffic engineers,
  252  to conduct feasibility studies under subsection (1). The
  253  department may participate in authority-funded projects that, at
  254  a minimum:
  255         (a) Serve national, statewide, or regional functions and
  256  function as part of an integrated regional transportation
  257  system.
  258         (b) Are identified in the capital improvements element of a
  259  comprehensive plan that has been determined to be in compliance
  260  with part II of chapter 163. Further, the project shall be in
  261  compliance with local government comprehensive plan policies
  262  relative to corridor management.
  263         (c) Are consistent with the Strategic Intermodal System
  264  Plan developed under s. 339.64.
  265         (d) Have a commitment for local, regional, or private
  266  financial matching funds as a percentage of the overall project
  267  cost.
  268         (3) Before approval, the department must determine that the
  269  proposed project:
  270         (a) Is in the public’s best interest;
  271         (b) Would not require state funds to be used unless the
  272  project is on the State Highway System;
  273         (c) Would have adequate safeguards in place to ensure that
  274  no additional costs or service disruptions would be realized by
  275  the traveling public and residents of the state in the event of
  276  default or cancellation of the agreement by the department; and
  277  (d) Would have adequate safeguards in place to ensure that the
  278  department and the regional transportation finance authority
  279  have the opportunity to add capacity to the proposed project and
  280  other transportation facilities serving similar origins and
  281  destinations.
  282  
  283  ================= T I T L E  A M E N D M E N T ================
  284         And the title is amended as follows:
  285         Delete lines 267 - 270
  286  and insert:
  287         10-year Strategic Intermodal Plan, if included in a
  288         specific plan and approved by the Legislature;
  289         providing for feasibility studies; requiring certain
  290         criteria to be met before department approval;
  291         providing for payment of