Florida Senate - 2014 SENATOR AMENDMENT Bill No. HB 5601 Ì7304664Î730466 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Evers moved the following: 1 Senate Amendment to Amendment (965938) (with title 2 amendment) 3 4 Between lines 1284 and 1285 5 insert: 6 Section 21. Section 345.0001, Florida Statutes, is created 7 to read: 8 345.0001 Short title.—This act may be cited as the 9 “Northwest Florida Regional Transportation Finance Authority 10 Act.” 11 Section 22. Section 345.0002, Florida Statutes, is created 12 to read: 13 345.0002 Definitions.—As used in this chapter, the term: 14 (1) “Agency of the state” means the state and any 15 department of, or any corporation, agency, or instrumentality 16 created, designated, or established by, the state. 17 (2) “Area served” means Escambia County. However, upon a 18 contiguous county’s consent to inclusion within the area served 19 by the authority and with the agreement of the authority, the 20 term shall also include the geographical area of such county 21 contiguous to Escambia County. 22 (3) “Authority” means the Northwest Florida Regional 23 Transportation Finance Authority, a body politic and corporate, 24 and an agency of the state, established under this chapter. 25 (4) “Bonds” means the notes, bonds, refunding bonds, or 26 other evidences of indebtedness or obligations, in temporary or 27 definitive form, which the authority may issue under this 28 chapter. 29 (5) “Department” means the Department of Transportation. 30 (6) “Division” means the Division of Bond Finance of the 31 State Board of Administration. 32 (7) “Federal agency” means the United States, the President 33 of the United States, and any department of, or any bureau, 34 corporation, agency, or instrumentality created, designated, or 35 established by, the United States Government. 36 (8) “Members” means the governing body of the authority, 37 and the term “member” means one of the individuals constituting 38 such governing body. 39 (9) “Regional system” or “system” means, generally, a 40 modern system of roads, bridges, causeways, tunnels, and mass 41 transit services within the area of the authority, with access 42 limited or unlimited as the authority may determine, and the 43 buildings and structures and appurtenances and facilities 44 related to the system, including all approaches, streets, roads, 45 bridges, and avenues of access for the system. 46 (10) “Revenues” means the tolls, revenues, rates, fees, 47 charges, receipts, rentals, contributions, and other income 48 derived from or in connection with the operation or ownership of 49 a regional system, including the proceeds of any use and 50 occupancy insurance on any portion of the system, but excluding 51 state funds available to the authority and any other municipal 52 or county funds available to the authority under an agreement 53 with a municipality or county. 54 Section 23. Section 345.0003, Florida Statutes, is created 55 to read: 56 345.0003 Transportation finance authority; formation; 57 membership.— 58 (1) Escambia County, as well as any other contiguous 59 county, may form a regional finance authority for the purposes 60 of constructing, maintaining, and operating transportation 61 projects in the northwest region of this state. The authority 62 shall be governed in accordance with this chapter. An authority 63 may not be created without the approval of the county commission 64 of each county that will be a part of the authority. 65 (2) The governing body of the authority shall consist of a 66 board of voting members as follows: 67 (a) The county commission of each county in the area served 68 by the authority shall appoint two members. Each member must be 69 a resident of the county from which he or she is appointed and, 70 if possible, must represent the business and civic interests of 71 the community. 72 (b) The Governor shall appoint an equal number of members 73 to the board as those appointed by each county commission. The 74 members appointed by the Governor must be residents of the area 75 served by the authority. 76 (c) The secretary of the department shall appoint a 77 district secretary, or his or her designee, for the district 78 within which the area served by the authority is located. 79 (3) The term of office of each member shall be for 4 years 80 or until his or her successor is appointed and qualified. 81 (4) A member may not hold an elected office during the term 82 of his or her membership. 83 (5) A vacancy occurring in the governing body before the 84 expiration of the member’s term shall be filled for the balance 85 of the unexpired term by the respective appointing authority in 86 the same manner as the original appointment. 87 (6) Before entering upon his or her official duties, each 88 member must take and subscribe to an oath before an official 89 authorized by law to administer oaths that he or she will 90 honestly, faithfully, and impartially perform the duties of his 91 or her office as a member of the governing body of the authority 92 and that he or she will not neglect any duties imposed upon him 93 or her by this chapter. 94 (7) The Governor may remove from office a member for 95 misconduct, malfeasance, misfeasance, or nonfeasance in office. 96 (8) The members of the authority shall designate a chair 97 from among the membership. 98 (9) The members shall serve without compensation, but are 99 entitled to reimbursement for per diem and other expenses in 100 accordance with s. 112.061 while in performance of their duties. 101 (10) A majority of the members shall constitute a quorum, 102 and resolutions enacted or adopted by a vote of a majority of 103 the members present and voting at any meeting are effective 104 without publication, posting, or any further action of the 105 authority. 106 Section 24. Section 345.0004, Florida Statutes, is created 107 to read: 108 345.0004 Powers and duties.— 109 (1) The authority shall plan, develop, finance, construct, 110 reconstruct, improve, own, operate, and maintain a regional 111 system in the area served by the authority. The authority may 112 not exercise these powers with respect to an existing system for 113 transporting people and goods by any means that is owned by 114 another entity without the consent of that entity. If the 115 authority acquires, purchases, or inherits an existing entity, 116 the authority shall inherit and assume all rights, assets, 117 appropriations, privileges, and obligations of the existing 118 entity. 119 (2) The authority may exercise all powers necessary, 120 appurtenant, convenient, or incidental to the carrying out of 121 the purposes of this section, including, but not limited to, the 122 following rights and powers: 123 (a) To sue and be sued, implead and be impleaded, and 124 complain and defend in all courts in its own name. 125 (b) To adopt and use a corporate seal. 126 (c) To have the power of eminent domain, including the 127 procedural powers granted under chapters 73 and 74. 128 (d) To acquire, purchase, hold, lease as a lessee, and use 129 any property, real, personal, or mixed, tangible or intangible, 130 or any interest therein, necessary or desirable for carrying out 131 the purposes of the authority. 132 (e) To sell, convey, exchange, lease, or otherwise dispose 133 of any real or personal property acquired by the authority, 134 including air rights. 135 (f) To fix, alter, charge, establish, and collect rates, 136 fees, rentals, and other charges for the use of any system owned 137 or operated by the authority, which rates, fees, rentals, and 138 other charges must be sufficient to comply with any covenants 139 made with the holders of any bonds issued under this act; 140 however, such right and power may be assigned or delegated by 141 the authority to the department. 142 (g) To borrow money; make and issue negotiable notes, 143 bonds, refunding bonds, and other evidences of indebtedness or 144 obligations, in temporary or definitive form, to finance all or 145 part of the improvement of the authority’s system and 146 appurtenant facilities, including the approaches, streets, 147 roads, bridges, and avenues of access for the system and for any 148 other purpose authorized by this chapter, the bonds to mature no 149 more than 30 years after the date of the issuance; to secure the 150 payment of such bonds or any part thereof by a pledge of its 151 revenues, rates, fees, rentals, or other charges, including 152 municipal or county funds received by the authority under an 153 agreement between the authority and a municipality or county; 154 and, in general, to provide for the security of the bonds and 155 the rights and remedies of the holders of the bonds. However, 156 municipal or county funds may not be pledged for the 157 construction of a project for which a toll is to be charged 158 unless the anticipated tolls are reasonably estimated by the 159 governing board of the municipality or county, on the date of 160 its resolution pledging the funds, to be sufficient to cover the 161 principal and interest of such obligations during the period 162 when the pledge of funds is in effect. 163 1. The authority shall reimburse a municipality or county 164 for sums spent from municipal or county funds used for the 165 payment of the bond obligations. 166 2. If the authority elects to fund or refund bonds issued 167 by the authority before the maturity of the bonds, the proceeds 168 of the funding or refunding bonds shall, pending the prior 169 redemption of the bonds to be funded or refunded, be invested in 170 direct obligations of the United States, and the outstanding 171 bonds may be funded or refunded by the issuance of bonds under 172 this chapter. 173 (h) To make contracts of every name and nature, including, 174 but not limited to, partnerships providing for participation in 175 ownership and revenues, and to execute each instrument necessary 176 or convenient for the conduct of its business. 177 (i) Without limitation of the foregoing, to cooperate with, 178 to borrow money and accept grants from, and to enter into 179 contracts or other transactions with any federal agency, the 180 state, or any agency or any other public body of the state. 181 (j) To employ an executive director, attorney, staff, and 182 consultants. Upon the request of the authority, the department 183 shall furnish the services of a department employee to act as 184 the executive director of the authority. 185 (k) To enter into joint development agreements. 186 (l) To accept funds or other property from private 187 donations. 188 (m) To act and do things necessary or convenient for the 189 conduct of its business and the general welfare of the 190 authority, in order to carry out the powers granted to it by 191 this act or any other law. 192 (3) The authority may not pledge the credit or taxing power 193 of the state or a political subdivision or agency of the state. 194 Obligations of the authority may not be considered to be 195 obligations of the state or of any other political subdivision 196 or agency of the state. Except for the authority, the state or 197 any political subdivision or agency of the state is not liable 198 for the payment of the principal of or interest on such 199 obligations. 200 (4) The authority may not, other than by consent of the 201 affected county or an affected municipality, enter into an 202 agreement that would legally prohibit the construction of a road 203 by the county or the municipality. 204 (5) The authority shall comply with the statutory 205 requirements of general application which relate to the filing 206 of a report or documentation required by law, including the 207 requirements of ss. 189.4085, 189.415, 189.417, and 189.418. 208 Section 25. Section 345.0005, Florida Statutes, is created 209 to read: 210 345.0005 Bonds.— 211 (1) Bonds may be issued on behalf of the authority under 212 the State Bond Act. The authority may also issue bonds in such 213 principal amount as it deems necessary to provide sufficient 214 moneys for achieving its corporate purposes, including 215 construction, reconstruction, improvement, extension, repair, 216 maintenance, and operation of the system; the cost of 217 acquisition of all real property; interest on bonds during 218 construction and for a reasonable period thereafter; 219 establishment of reserves to secure bonds; and other 220 expenditures of the authority incident and necessary or 221 convenient to carry out its corporate purposes and powers. 222 (2) Bonds issued by the authority under subsection (1) 223 must: 224 (a) Be authorized by resolution of the members and bear 225 such date or dates; mature at such time or times, not exceeding 226 30 years after their respective dates; bear interest at such 227 rate or rates, not exceeding the maximum rate fixed by general 228 law for authorities; be in such denominations; be in such form, 229 either coupon or fully registered; carry such registration, 230 exchangeability, and interchangeability privileges; be payable 231 in such medium of payment and at such place or places; be 232 subject to such terms of redemption; and be entitled to such 233 priorities of lien on the revenues and other available moneys as 234 such resolution or any resolution after the bonds’ issuance 235 provides. 236 (b) Be sold at public sale in the same manner provided in 237 the State Bond Act. Temporary bonds or interim certificates may 238 be issued to the purchaser or purchasers of such bonds pending 239 the preparation of definitive bonds and may contain such terms 240 and conditions as determined by the authority. 241 (3) A resolution that authorizes bonds may specify 242 provisions that must be part of the contract with the holders of 243 the bonds as to: 244 (a) The pledging of all or any part of the revenues, 245 available municipal or county funds, or other charges or 246 receipts of the authority derived from the regional system. 247 (b) The construction, reconstruction, improvement, 248 extension, repair, maintenance, and operation of the system, or 249 any part or parts of the system, and the duties and obligations 250 of the authority with reference thereto. 251 (c) Limitations on the purposes to which the proceeds of 252 the bonds, then or thereafter issued, or of any loan or grant by 253 any federal agency or the state or any political subdivision of 254 the state may be applied. 255 (d) The fixing, charging, establishing, revising, 256 increasing, reducing, and collecting of tolls, rates, fees, 257 rentals, or other charges for use of the services and facilities 258 of the system or any part of the system. 259 (e) The setting aside of reserves or of sinking funds and 260 the regulation and disposition of the reserves or sinking funds. 261 (f) Limitations on the issuance of additional bonds. 262 (g) The terms of any deed of trust or indenture securing 263 the bonds, or under which the bonds may be issued. 264 (h) Any other or additional matters, of like or different 265 character, which in any way affect the security or protection of 266 the bonds. 267 (4) The authority may enter into deeds of trust, 268 indentures, or other agreements with banks or trust companies 269 within or without the state, as security for such bonds, and 270 may, under such agreements, assign and pledge any of the 271 revenues and other available moneys, including any available 272 municipal or county funds, under the terms of this chapter. The 273 deed of trust, indenture, or other agreement may contain 274 provisions that are customary in such instruments or that the 275 authority may authorize, including, but without limitation, 276 provisions that: 277 (a) Pledge any part of the revenues or other moneys 278 lawfully available. 279 (b) Apply funds and safeguard funds on hand or on deposit. 280 (c) Provide for the rights and remedies of the trustee and 281 the holders of the bonds. 282 (d) Provide for the terms of the bonds or for resolutions 283 authorizing the issuance of the bonds. 284 (e) Provide for any other or additional matters, of like or 285 different character, which affect the security or protection of 286 the bonds. 287 (5) Bonds issued under this act are negotiable instruments 288 and have the qualities and incidents of negotiable instruments 289 under the law merchant and the negotiable instruments law of the 290 state. 291 (6) A resolution that authorizes the issuance of authority 292 bonds and pledges the revenues of the system must require that 293 revenues of the system be periodically deposited into 294 appropriate accounts in sufficient sums to pay the costs of 295 operation and maintenance of the system for the current fiscal 296 year as set forth in the annual budget of the authority and to 297 reimburse the department for any unreimbursed costs of operation 298 and maintenance of the system from prior fiscal years before 299 revenues of the system are deposited into accounts for the 300 payment of interest or principal owing or that may become owing 301 on such bonds. 302 (7) State funds may not be used or pledged to pay the 303 principal or interest of any authority bonds, and all such bonds 304 must contain a statement on their face to this effect. 305 Section 26. Section 345.0006, Florida Statutes, is created 306 to read: 307 345.0006 Remedies of bondholders.— 308 (1) The rights and the remedies granted to authority 309 bondholders under this chapter are in addition to and not in 310 limitation of any rights and remedies lawfully granted to such 311 bondholders by the resolution or indenture providing for the 312 issuance of bonds, or by any deed of trust, indenture, or other 313 agreement under which the bonds may be issued or secured. If the 314 authority defaults in the payment of the principal or interest 315 on the bonds issued under this chapter after such principal or 316 interest becomes due, whether at maturity or upon call for 317 redemption, as provided in the resolution or indenture, and such 318 default continues for 30 days, or if the authority fails or 319 refuses to comply with this chapter or any agreement made with, 320 or for the benefit of, the holders of the bonds, the holders of 321 25 percent in aggregate principal amount of the bonds then 322 outstanding are entitled as of right to the appointment of a 323 trustee to represent such bondholders for the purposes of the 324 default if the holders of 25 percent in aggregate principal 325 amount of the bonds then outstanding first gave written notice 326 to the authority and to the department of their intention to 327 appoint a trustee. 328 (2) The trustee and a trustee under a deed of trust, 329 indenture, or other agreement may, or upon the written request 330 of the holders of 25 percent or such other percentages specified 331 in any deed of trust, indenture, or other agreement, in 332 principal amount of the bonds then outstanding, shall, in any 333 court of competent jurisdiction, in its own name: 334 (a) By mandamus or other suit, action, or proceeding at 335 law, or in equity, enforce all rights of the bondholders, 336 including the right to require the authority to fix, establish, 337 maintain, collect, and charge rates, fees, rentals, and other 338 charges, adequate to carry out any agreement as to, or pledge 339 of, the revenues, and to require the authority to carry out any 340 other covenants and agreements with or for the benefit of the 341 bondholders, and to perform its and their duties under this 342 chapter. 343 (b) Bring suit upon the bonds. 344 (c) By action or suit in equity, require the authority to 345 account as if it were the trustee of an express trust for the 346 bondholders. 347 (d) By action or suit in equity, enjoin any acts or things 348 that may be unlawful or in violation of the rights of the 349 bondholders. 350 (3) A trustee, if appointed under this section or acting 351 under a deed of trust, indenture, or other agreement, and 352 regardless of whether all bonds have been declared due and 353 payable, is entitled to the appointment of a receiver. The 354 receiver may enter upon and take possession of the system or the 355 facilities or any part or parts of the system, the revenues, and 356 other pledged moneys, for and on behalf of and in the name of, 357 the authority and the bondholders. The receiver may collect and 358 receive revenues and other pledged moneys in the same manner as 359 the authority. The receiver shall deposit such revenues and 360 moneys in a separate account and apply all such revenues and 361 moneys remaining after allowance for payment of all costs of 362 operation and maintenance of the system in such manner as the 363 court directs. In a suit, action, or proceeding by the trustee, 364 the fees, counsel fees, and expenses of the trustee, and the 365 receiver, if any, and all costs and disbursements allowed by the 366 court must be a first charge on any revenues after payment of 367 the costs of operation and maintenance of the system. The 368 trustee also has all other powers necessary or appropriate for 369 the exercise of any functions specifically described in this 370 section or incident to the representation of the bondholders in 371 the enforcement and protection of their rights. 372 (4) A receiver appointed pursuant to this section to 373 operate and maintain the system or a facility or a part of a 374 facility may not sell, assign, mortgage, or otherwise dispose of 375 any of the assets belonging to the authority. The powers of the 376 receiver are limited to the operation and maintenance of the 377 system or any facility or part of a facility and to the 378 collection and application of revenues and other moneys due the 379 authority, in the name and for and on behalf of the authority 380 and the bondholders. A holder of bonds or trustee does not have 381 the right in any suit, action, or proceeding, at law or in 382 equity, to compel a receiver, or a receiver may not be 383 authorized or a court may not direct a receiver, to sell, 384 assign, mortgage, or otherwise dispose of any assets of whatever 385 kind or character belonging to the authority. 386 Section 27. Section 345.0007, Florida Statutes, is created 387 to read: 388 345.0007 Department to construct, operate, and maintain 389 facilities.— 390 (1) The department is the agent of the authority for the 391 purpose of performing all phases of a project, including, but 392 not limited to, constructing improvements and extensions to the 393 system, with the exception of the transit facilities. The 394 division and the authority shall provide to the department 395 complete copies of the documents, agreements, resolutions, 396 contracts, and instruments that relate to the project and shall 397 request that the department perform the construction work, 398 including the planning, surveying, design, and actual 399 construction of the completion of, extensions of, and 400 improvements to the system. After the issuance of bonds to 401 finance construction of an improvement or addition to the 402 system, the division and the authority shall transfer to the 403 credit of an account of the department in the State Treasury the 404 necessary funds for construction. The department shall proceed 405 with construction and use the funds for the purpose authorized 406 by law for construction of roads and bridges. The authority may 407 alternatively, with the consent and approval of the department, 408 elect to appoint a local agency certified by the department to 409 administer federal aid projects in accordance with federal law 410 as the authority’s agent for the purpose of performing each 411 phase of a project. 412 (2) Notwithstanding subsection (1), the department is the 413 agent of the authority for the purpose of operating and 414 maintaining the system, with the exception of transit 415 facilities. The costs incurred by the department for operation 416 and maintenance shall be reimbursed from revenues of the system. 417 The appointment of the department as agent for the authority 418 does not create an independent obligation on the part of the 419 department to operate and maintain a system. The authority shall 420 remain obligated as principal to operate and maintain its 421 system, and the authority’s bondholders do not have an 422 independent right to compel the department to operate or 423 maintain the authority’s system. This appointment does not 424 preclude the department and the authority from agreeing that 425 some portions of the system will be operated and maintained by 426 the authority. 427 (3) The authority shall fix, alter, charge, establish, and 428 collect tolls, rates, fees, rentals, and other charges for the 429 authority’s facilities, as otherwise provided in this chapter. 430 Section 28. Section 345.0008, Florida Statutes, is created 431 to read: 432 345.0008 Department contributions to authority projects.— 433 (1) The department may, at the request of the authority, 434 provide for or contribute to the payment of costs of financial 435 or engineering and traffic feasibility studies and the design, 436 financing, acquisition, or construction of the authority project 437 or system, subject to appropriation by the Legislature. 438 (2) The department may use its engineers and other 439 personnel, including consulting engineers and traffic engineers, 440 to conduct the feasibility studies authorized under subsection 441 (1). 442 (3) The department may participate in authority-funded 443 projects that, at a minimum: 444 (a) Serve national, statewide, or regional functions and 445 function as part of an integrated regional transportation 446 system. 447 (b) Are identified in the capital improvements element of a 448 comprehensive plan that has been determined to be in compliance 449 with part II of chapter 163. Further, the project shall be in 450 compliance with local government comprehensive plan policies 451 relative to corridor management. 452 (c) Are consistent with the Strategic Intermodal System 453 Plan developed under s. 339.64. 454 (d) Have a commitment for local, regional, or private 455 financial matching funds as a percentage of the overall project 456 cost. 457 (4) Before approval, the department must determine that the 458 proposed project: 459 (a) Is in the public’s best interest; 460 (b) Unless it is on or would directly benefit the State 461 Highway System, does not require the use of state funds; 462 (c) Has adequate safeguards in place to ensure that no 463 additional costs will be imposed on or service disruptions will 464 affect the traveling public and residents of this state if the 465 department cancels or defaults on the agreement; and 466 (d) Has adequate safeguards in place to ensure that the 467 department and the authority have the opportunity to add 468 capacity to the proposed project and other transportation 469 facilities serving similar origins and destinations. 470 (5) An obligation or expense incurred by the department 471 under this section is a part of the cost of the authority 472 project for which the obligation or expense was incurred. The 473 department may require that money contributed by the department 474 under this section be repaid from tolls of the project on which 475 the money was spent, other revenue of the authority, or other 476 sources of funds. 477 (6) The department shall receive from the authority a share 478 of the authority’s net revenues equal to the ratio of the 479 department’s total contributions to the authority under this 480 section to the sum of: the department’s total contributions 481 under this section; contributions by any local government to the 482 cost of revenue-producing authority projects; and the sale 483 proceeds of authority bonds after payment of costs of issuance. 484 For the purpose of this subsection, the net revenues of the 485 authority are determined by deducting from gross revenues the 486 payment of debt service, administrative expenses, operations and 487 maintenance expenses, and all reserves required to be 488 established under any resolution under which authority bonds are 489 issued. 490 Section 29. Section 345.0009, Florida Statutes, is created 491 to read: 492 345.0009 Acquisition of lands and property.— 493 (1) For the purposes of this chapter, the authority may 494 acquire private or public property and property rights, 495 including rights of access, air, view, and light, by gift, 496 devise, purchase, condemnation by eminent domain proceedings, or 497 transfer from another political subdivision of the state, as the 498 authority may deem necessary for any of the purposes of this 499 chapter, including, but not limited to, any lands reasonably 500 necessary for securing applicable permits, areas necessary for 501 management of access, borrow pits, drainage ditches, water 502 retention areas, rest areas, replacement access for landowners 503 whose access is impaired due to the construction of a facility, 504 and replacement rights-of-way for relocated rail and utility 505 facilities; for existing, proposed, or anticipated 506 transportation facilities on the system or in a transportation 507 corridor designated by the authority; or for the purposes of 508 screening, relocation, removal, or disposal of junkyards and 509 scrap metal processing facilities. Each authority shall also 510 have the power to condemn any material and property necessary 511 for such purposes. 512 (2) The authority shall exercise the right of eminent 513 domain conferred under this section in the manner provided by 514 law. 515 (3) An authority that acquires property for a 516 transportation facility or in a transportation corridor is not 517 liable under chapter 376 or chapter 403 for preexisting soil or 518 groundwater contamination due solely to its ownership. This 519 section does not affect the rights or liabilities of any past or 520 future owners of the acquired property or the liability of any 521 governmental entity for the results of its actions which create 522 or exacerbate a pollution source. The authority and the 523 Department of Environmental Protection may enter into 524 interagency agreements for the performance, funding, and 525 reimbursement of the investigative and remedial acts necessary 526 for property acquired by the authority. 527 Section 30. Section 345.0010, Florida Statutes, is created 528 to read: 529 345.0010 Cooperation with other units, boards, agencies, 530 and individuals.—A county, municipality, drainage district, road 531 and bridge district, school district, or any other political 532 subdivision, board, commission, or individual in, or of, the 533 state may make and enter into a contract, lease, conveyance, 534 partnership, or other agreement with the authority within the 535 provisions of this chapter. The authority may make and enter 536 into contracts, leases, conveyances, partnerships, and other 537 agreements with any political subdivision, agency, or 538 instrumentality of the state and any federal agency, 539 corporation, or individual to carry out the purposes of this 540 chapter. 541 Section 31. Section 345.0011, Florida Statutes, is created 542 to read: 543 345.0011 Covenant of the state.—The state pledges to, and 544 agrees with, any person, firm, or corporation, or federal or 545 state agency subscribing to or acquiring the bonds to be issued 546 by the authority for the purposes of this chapter that the state 547 will not limit or alter the rights vested by this chapter in the 548 authority and the department until all bonds at any time issued, 549 together with the interest thereon, are fully paid and 550 discharged insofar as the rights vested in the authority and the 551 department affect the rights of the holders of bonds issued 552 under this chapter. The state further pledges to, and agrees 553 with, the United States that if a federal agency constructs or 554 contributes any funds for the completion, extension, or 555 improvement of the system, or any parts of the system, the state 556 will not alter or limit the rights and powers of the authority 557 and the department in any manner that is inconsistent with the 558 continued maintenance and operation of the system or the 559 completion, extension, or improvement of the system, or that 560 would be inconsistent with the due performance of any agreements 561 between the authority and any such federal agency, and the 562 authority and the department shall continue to have and may 563 exercise all powers granted in this section, so long as the 564 powers are necessary or desirable to carry out the purposes of 565 this chapter and the purposes of the United States in the 566 completion, extension, or improvement of the system, or any part 567 of the system. 568 Section 32. Section 345.0012, Florida Statutes, is created 569 to read: 570 345.0012 Exemption from taxation.—The authority created 571 under this chapter is for the benefit of the people of the 572 state, for the increase of their commerce and prosperity, and 573 for the improvement of their health and living conditions. The 574 authority performs essential governmental functions under this 575 chapter, therefore, the authority is not required to pay any 576 taxes or assessments of any kind or nature upon any property 577 acquired or used by it for such purposes, or upon any rates, 578 fees, rentals, receipts, income, or charges received by it. 579 Also, the bonds issued by the authority, their transfer and the 580 income from their issuance, including any profits made on the 581 sale of the bonds, shall be free from taxation by the state or 582 by any political subdivision, taxing agency, or instrumentality 583 of the state. The exemption granted by this section does not 584 apply to any tax imposed by chapter 220 on interest, income, or 585 profits on debt obligations owned by corporations. 586 Section 33. Section 345.0013, Florida Statutes, is created 587 to read: 588 345.0013 Eligibility for investments and security.—Bonds or 589 other obligations issued under this chapter are legal 590 investments for banks, savings banks, trustees, executors, 591 administrators, and all other fiduciaries, and for all state, 592 municipal, and other public funds, and are also securities 593 eligible for deposit as security for all state, municipal, or 594 other public funds, notwithstanding any other law to the 595 contrary. 596 Section 34. Section 345.0014, Florida Statutes, is created 597 to read: 598 345.0014 Applicability.— 599 (1) The powers conferred by this chapter are in addition to 600 the powers conferred by other law and do not repeal any other 601 general or special law or local ordinance, but supplement such 602 other laws in the exercise of the powers provided in this 603 chapter, and provide a complete method for the exercise of the 604 powers granted in this chapter. The extension and improvement of 605 a system, and the issuance of bonds under this chapter to 606 finance all or part of the cost of such extension or 607 improvement, may be accomplished upon compliance with this 608 chapter without regard to or necessity for compliance with the 609 provisions, limitations, or restrictions contained in any other 610 general, special, or local law, including, but not limited to, 611 s. 215.821, and approval of any bonds issued under this act by 612 the qualified electors or qualified electors who are freeholders 613 in the state or in any political subdivision of the state is not 614 required for the issuance of such bonds under this chapter. 615 (2) This act does not repeal, rescind, or modify any other 616 law relating to the State Board of Administration, the 617 Department of Transportation, or the Division of Bond Finance of 618 the State Board of Administration; however, this chapter 619 supersedes any other law that is inconsistent with its 620 provisions, including, but not limited to, s. 215.821. 621 622 ================= T I T L E A M E N D M E N T ================ 623 And the title is amended as follows: 624 Delete line 1448 625 and insert: 626 direct written premiums for bail bonds; creating s. 627 345.0001, F.S.; creating the Northwest Florida 628 Regional Transportation Finance Authority; providing a 629 short title; creating s. 345.0002, F.S.; defining 630 terms; creating s. 345.0003, F.S.; authorizing certain 631 counties to form a regional finance authority to 632 construct, maintain, or operate transportation 633 projects in a given region of the state; providing 634 governance of the authority; creating s. 345.0004, 635 F.S.; specifying the powers and duties of a regional 636 transportation finance authority; limiting the 637 authority’s power with respect to an existing system; 638 prohibiting the authority from pledging the credit or 639 taxing power of the state or any political subdivision 640 or agency of the state; prohibiting the authority from 641 entering into an agreement that would prohibit a 642 county or municipality from constructing a road 643 without the consent of the county; requiring that the 644 authority comply with certain reporting and 645 documentation requirements; creating s. 345.0005, 646 F.S.; authorizing the authority to issue bonds that 647 meet certain requirements; requiring that the 648 resolution that authorizes the issuance of bonds meet 649 certain requirements; authorizing the authority to 650 enter into security agreements for issued bonds with a 651 bank or trust company; providing that issued bonds are 652 negotiable instruments and have the qualities and 653 incidents of certain negotiable instruments under the 654 law; requiring that a resolution authorizing the 655 issuance of bonds and pledging of revenues of the 656 system include certain requirements; prohibiting the 657 use or pledge of state funds to pay principal or 658 interest of the authority’s bonds; creating s. 659 345.0006, F.S.; providing for the rights and remedies 660 granted to bondholders; authorizing certain actions a 661 trustee may take on behalf of the bondholders; 662 authorizing the appointment of a receiver; 663 establishing and limiting the authority of the 664 receiver; creating s. 345.0007, F.S.; designating the 665 department as the agent of the authority for specified 666 purposes; authorizing the administration and 667 management of projects by the department; limiting the 668 powers of the department as an agent; establishing the 669 fiscal responsibilities of the authority; creating s. 670 345.0008, F.S.; authorizing the department to provide 671 for or commit its resources for the authority project 672 or system, if approved by the Legislature; authorizing 673 the payment of expenses incurred by the department on 674 behalf of the authority; requiring the department to 675 receive a share of the revenue from the authority; 676 providing calculations for disbursement of revenues; 677 creating s. 345.0009, F.S.; authorizing the authority 678 to acquire private or public property and property 679 rights for a project or plan; authorizing the 680 authority to exercise the right of eminent domain; 681 establishing the rights and liabilities and remedial 682 actions relating to property acquired for a 683 transportation project or corridor; creating s. 684 345.0010, F.S.; authorizing contracts between 685 governmental entities and the authority; creating s. 686 345.0011, F.S.; providing that the state will not 687 limit or alter the vested rights of a bondholder with 688 regard to any issued bonds or other rights relating to 689 the bonds under certain conditions; creating s. 690 345.0012, F.S.; relieving the authority’s obligation 691 to pay certain taxes or assessments for property 692 acquired or used for certain public purposes or on 693 revenues received relating to the issuance of bonds; 694 providing exceptions; creating s. 345.0013, F.S.; 695 providing that the bonds or obligations issued are 696 legal investments of specified entities; creating s. 697 345.0014, F.S.; providing applicability; specifying a