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The Florida Senate

2002 Florida Statutes

Chapter 343
COMMUTER RAIL AND CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
Chapter 343, Florida Statutes 2002

CHAPTER 343

COMMUTER RAIL AND CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY

PART I

TRI-COUNTY COMMUTER RAIL AUTHORITY (ss. 343.51-343.57)

PART II

CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
(ss. 343.61-343.67)

PART III

TAMPA BAY COMMUTER RAIL AUTHORITY (ss. 343.71-343.77)

PART I

TRI-COUNTY COMMUTER RAIL AUTHORITY

343.51  Short title.

343.52  Definitions.

343.53  Tri-County Commuter Rail Authority.

343.54  Powers and duties.

343.55  Issuance of revenue bonds.

343.56  Bonds not debts or pledges of credit of state.

343.57  Pledge to bondholders not to restrict certain rights of authority.

343.51  Short title.--This part may be cited as the "Tri-County Commuter Rail Authority Act."

History.--s. 1, ch. 89-351.

343.52  Definitions.--As used in this part, unless the context clearly indicates otherwise, the term:

(1)  "Authority" means the Tri-County Commuter Rail Authority.

(2)  "Board" means the governing body of the authority.

(3)  "Commuter railroad" means a complete system of tracks, guideways, stations, and rolling stock necessary to effectuate medium-distance to long-distance passenger rail service to or from the surrounding regional municipalities.

(4)  "Commuter rail facilities" means property and avenues of access in Dade, Broward, and Palm Beach Counties, required for commuter rail or fixed guideway systems.

(5)  "Member" means the individuals constituting the board.

(6)  "Feeder transit services" means fixed guideway or bus service to transport passengers to rail stations.

History.--s. 1, ch. 89-351.

343.53  Tri-County Commuter Rail Authority.--

(1)  There is created and established a body politic and corporate, an agency of the state, to be known as the "Tri-County Commuter Rail Authority," hereinafter referred to as the "authority."

(2)  The governing board of the authority shall consist of nine voting members, as follows:

(a)  The county commissions of Dade, Broward, and Palm Beach Counties shall each elect a commissioner as that commission's representative on the board. The commissioner must be a member of the county commission when elected and for the full extent of his or her term.

(b)  The county commissions of Dade, Broward, and Palm Beach Counties shall each appoint a citizen member to the board who is not a member of the county commission but who is a resident of the county from which he or she is appointed and a qualified elector of that county. Insofar as practicable, the citizen member shall represent the business and civic interests of the community.

(c)  The secretary of the Department of Transportation shall appoint one of the district secretaries, or his or her designee, for the districts within which the area served by the tri-county rail is located.

(d)  The other eight members of the board shall elect, by a simple majority vote, an at-large member who is a resident and qualified elector in the area served by the tri-county rail.

(e)  The Governor shall appoint one member to the board who is a resident and qualified elector in the area served by the tri-county rail.

(3)  The terms of the county commissioners on the governing board of the authority shall be 2 years. All other members on the governing board of the authority shall serve staggered 4-year terms. Each member shall hold office until his or her successor has been appointed.

(4)  A vacancy during a term shall be filled by the respective appointing authority in the same manner as the original appointment and only for the balance of the unexpired term.

(5)  The members of the authority shall not be entitled to compensation, but shall be reimbursed for travel expenses actually incurred in their duties as provided by law.

History.--s. 1, ch. 89-351; s. 7, ch. 91-418; s. 75, ch. 92-152; s. 508, ch. 95-148.

343.54  Powers and duties.--

(1)(a)  The authority created and established by this part shall have the right to own, operate, maintain, and manage a commuter rail system in the tri-county area of Broward, Dade, and Palm Beach Counties, hereinafter referred to as the Tri-County Rail.

(b)  It is the express intention of this part that the authority be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage a commuter rail system and commuter rail facilities; to establish and determine such policies as may be necessary for the best interest of the operation and promotion of a commuter rail system; and to adopt such rules as may be necessary to govern the operation of a commuter rail system and commuter rail facilities.

(2)  The authority created herein shall be the successor and assignee of the Tri-County Rail Organization (TCRO) and shall inherit all rights, assets, agreements, appropriations, privileges, and obligations of the TCRO.

(3)  The authority may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers:

(a)  To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name.

(b)  To adopt and use a corporate seal.

(c)  To have the power of eminent domain, including the procedural powers granted under chapters 73 and 74.

(d)  To acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority.

(e)  To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the authority, including air rights.

(f)  To fix, alter, establish, and collect rates, fares, fees, rentals, and other charges for the use of any commuter rail system or facilities owned or operated by the authority.

(g)  To develop and provide feeder transit services to rail stations.

(h)  To adopt bylaws for the regulation of the affairs and the conduct of the business of the authority. The bylaws shall provide for quorum and voting requirements, maintenance of minutes and other official records, and preparation and adoption of an annual budget.

(i)  To lease, rent, or contract for the operation or management of any part of a commuter rail system or commuter rail facility, including feeder transit services and concessions. In awarding a contract, the authority shall consider, but is not limited to, the following:

1.  The qualifications of each applicant.

2.  The level of service.

3.  The efficiency, cost, and anticipated revenue.

4.  The construction, operation, and management plan.

5.  The financial ability to provide reliable service.

6.  The impact on other transportation modes, including the ability to interface with other transportation modes and facilities.

(j)  To enforce collection of rates, fees, and charges, and to establish and enforce fines and penalties for violations of any rules.

(k)  To advertise and promote commuter rail systems, facilities, and activities of the authority.

(l)  To employ an executive director, attorney, staff, and consultants.

(m)  To cooperate with other governmental entities and to contract with other governmental agencies, including the Department of Transportation, the Federal Government, counties, and municipalities.

(n)  To enter into joint development agreements.

(o)  To accept funds from other governmental sources, and to accept private donations.

(p)  To purchase by directly contracting with local, national, or international insurance companies to provide liability insurance which the authority is contractually and legally obligated to provide, the requirements of s. 287.022(1), notwithstanding.

(4)  The authority shall develop and adopt a plan for the operation, maintenance, and expansion of the tri-county commuter rail service. Such plan shall address the authority's plan for the development of public and private revenue sources, and the service to be provided, including expansions of current service which are consistent, to the maximum extent feasible, with approved local government comprehensive plans. The plan shall be reviewed and updated annually.

History.--s. 1, ch. 89-351; s. 88, ch. 90-136; s. 76, ch. 92-152.

343.55  Issuance of revenue bonds.--

(1)  The authority is authorized to borrow money as provided by the State Bond Act for the purpose of paying all or any part of the cost of any one or more Tri-County Rail projects. The principal of, and the interest on, such bonds shall be payable solely from revenues pledged for their payment.

(2)  The proceeds of the bonds of each issue shall be used solely for the payment of the cost of Tri-County Rail projects for which such bonds shall have been issued, except as provided in the State Bond Act. Such proceeds shall be disbursed and used as provided in this part and in such manner and under such restrictions, if any, as the Division of Bond Finance may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same.

(3)  The Division of Bond Finance is authorized to issue revenue bonds on behalf of the authority to finance or refinance the cost of Tri-County Rail projects.

History.--s. 1, ch. 89-351.

343.56  Bonds not debts or pledges of credit of state.--Revenue bonds issued under the provisions of this part are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from revenues pledged for their payment. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon, except from the revenues pledged for their payment, and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under the provisions of this part does not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever, or to make any appropriation for their payment. No state funds shall be used to pay the principal or interest of any bonds issued to finance or refinance any portion of the Tri-County Rail system, and all such bonds shall contain a statement on their face to this effect. However, federal funds being passed through the department to the Tri-County Rail system and those state matching funds required by the United States Department of Transportation as a condition of federal funding may be used to pay principal and interest of any bonds issued.

History.--s. 1, ch. 89-351; s. 21, ch. 2000-266.

343.57  Pledge to bondholders not to restrict certain rights of authority.--The state pledges to and agrees with the holders of the bonds issued pursuant to this part that the state will not limit or restrict the rights vested in the authority to construct, reconstruct, maintain, and operate any Tri-County Rail project as defined in this part, to establish and collect such fees or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the Tri-County Rail system, and to fulfill the terms of any agreements made with the holders of bonds authorized by this part. The state further pledges that it will not in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.

History.--s. 1, ch. 89-351.

PART II

CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY

343.61  Short title.

343.62  Definitions.

343.63  Central Florida Regional Transportation Authority.

343.64  Powers and duties.

343.65  Issuance of revenue bonds.

343.66  Bonds not debts or pledges of credit of state.

343.67  Pledge to bondholders not to restrict certain rights of authority.

343.61  Short title.--This part may be cited as the "Central Florida Regional Transportation Authority Act."

History.--s. 1, ch. 89-351; s. 1, ch. 93-103.

343.62  Definitions.--As used in this part, unless the context clearly indicates otherwise, the term:

(1)  "Authority" means the Central Florida Regional Transportation Authority.

(2)  "Board" means the governing body of the authority.

(3)  "Commuter railroad" means a complete system of tracks, stations, parking facilities, and rolling stock necessary to effectuate medium-distance to long-distance passenger rail service to or from the surrounding regional municipalities.

(4)  "Member" means the individuals constituting the board.

(5)  "Public transportation" means transportation of goods and passengers for hire, as a charter service, or without charge, by means, without limitation, of a street railway, elevated railway or fixed guideway, commuter railroad, subway, motor vehicle, motor bus, and any bus, truck, or other means of conveyance operating as a common carrier or otherwise.

(6)  "Public transportation facilities" means property, equipment, or buildings that are acquired, built, installed, or established for public transportation systems.

(7)  "Public transportation system" means, without limitation, a combination of real and personal property, structures, improvements, buildings, terminals, parking facilities, equipment, plans, and rights-of-way, public rail and fixed guideway transportation facilities, rail or fixed guideway access to, from, or between other transportation terminals, and commuter railroads and commuter rail facilities, or any combination thereof or addition thereto, used, directly or indirectly, useful or convenient for the purpose of public transportation by automobile, truck, bus, rapid transit vehicle, light rail, or heavy rail.

History.--s. 1, ch. 89-351; s. 1, ch. 91-142; s. 2, ch. 93-103.

343.63  Central Florida Regional Transportation Authority.--

(1)  There is created and established a body politic and corporate, an agency of the state, to be known as the "Central Florida Regional Transportation Authority," hereinafter referred to as the "authority."

(2)  The governing board of the authority shall consist of 11 voting members, and 1 nonvoting member as follows:

(a)  The county commissions of Seminole, Orange, and Osceola Counties shall each elect a commissioner as that commission's representative on the board. The commissioner must be a member of the county commission when elected and for the full extent of his or her term. The terms of the county commissioners on the governing board of the authority shall be 2 years.

(b)  The mayors of the cities of Altamonte Springs, Orlando, and Kissimmee, or a member of each city commission designated by each mayor, shall serve a term of 2 years on the board.

(c)  The Governor shall appoint five members to the board. Two of the members shall be residents of Orange County, one member shall be a resident of Seminole County, one member shall be a resident of Osceola County, and one member shall be a resident of the City of Orlando. All five members shall serve a term of 4 years.

(d)  The Secretary of Transportation shall appoint the district secretary, or his or her designee, for the district within which the area served by the authority is located and this member shall be a nonvoting member.

(3)  A vacancy during a term shall be filled by the respective appointing authority in the same manner as the original appointment and only for the balance of the unexpired term.

(4)  The members of the authority shall not be entitled to compensation, but shall be reimbursed for travel expenses actually incurred in their duties as provided by law.

History.--s. 1, ch. 89-351; s. 2, ch. 91-142; s. 8, ch. 91-418; s. 77, ch. 92-152; s. 3, ch. 93-103; s. 509, ch. 95-148; s. 22, ch. 2000-266.

343.64  Powers and duties.--

(1)(a)  The authority created and established by this part shall have the right to own, operate, maintain, and manage a public transportation system in the area of Seminole, Orange, and Osceola Counties, hereinafter referred to as the Central Florida Regional Transportation System.

(b)  It is the express intention of this part that the authority be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage a regional public transportation system and public transportation facilities; to establish and determine such policies as may be necessary for the best interest of the operation and promotion of a public transportation system; and to adopt such rules as may be necessary to govern the operation of a public transportation system and public transportation facilities.

(2)  The authority may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers:

(a)  To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name.

(b)  To adopt and use a corporate seal.

(c)  To have the power of eminent domain for acquisition of the public transportation facilities.

(d)  To acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority.

(e)  To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the authority, including air rights.

(f)  To fix, alter, establish, and collect rates, fares, fees, rentals, and other charges for the use of any public transportation system or facilities owned or operated by the authority.

(g)  To develop and provide feeder transit services to rail stations.

(h)  To adopt bylaws for the regulation of the affairs and the conduct of the business of the authority. The bylaws shall provide for quorum and voting requirements, maintenance of minutes and other official records, and preparation and adoption of an annual budget.

(i)  To lease, rent, or contract for the operation or management of any part of a public transportation system or public transportation facility, including concessions. In awarding a contract, the authority shall consider, but is not limited to, the following:

1.  The qualifications of each applicant.

2.  The level of service.

3.  The efficiency, cost, and anticipated revenue.

4.  The construction, operation, and management plan.

5.  The financial ability to provide reliable service.

6.  The impact on other transportation modes, including the ability to interface with other transportation modes and facilities.

(j)  To enforce collection of rates, fees, and charges; and to establish and enforce fines and penalties for violations of any rules.

(k)  To advertise and promote public transportation systems, public transportation facilities, and activities of the authority.

(l)  To employ an executive director, attorney, staff, and consultants.

(m)  To cooperate with other governmental entities and to contract with other governmental agencies, including the Department of Transportation, the Federal Government, counties, and municipalities.

(n)  To enter into joint development agreements.

(o)  To accept funds from other governmental sources, and to accept private donations.

(p)  To purchase directly from local, national, or international insurance companies liability insurance which the authority is contractually and legally obligated to provide, the requirements of s. 287.022(1) notwithstanding.

(3)  The authority shall develop and adopt a plan for the development of the Central Florida Commuter Rail. Such plan shall address the authority's plan for the development of public and private revenue sources, funding of capital and operating costs, the service to be provided, and the extent to which counties within the area of operation of the authority are to be served. The plan shall be reviewed and updated annually. The plan shall be consistent, to the maximum extent feasible, with the approved local government comprehensive plans of the units of local government served by the authority.

(4)  The authority may employ a secretary and executive director and such legal, financial, and other professional staff or consultants, technical experts, engineers, and other employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation of such persons, firms, or corporations. The authority may establish a personnel system for employees of the authority.

(5)  The authority may delegate to one or more of its officers or employees such of its powers as it shall deem necessary to carry out the purposes of this part, subject always to the supervision and control of the authority.

(6)  The authority, through a resolution of its governing board, may elect to expand its service area and board partnership with any county which is a contiguous county to the existing Central Florida Regional Transportation Authority service area. The board shall determine the conditions and terms, including the number of representatives of such partnership.

History.--s. 1, ch. 89-351; s. 3, ch. 91-142; s. 78, ch. 92-152; s. 4, ch. 93-103; s. 1, ch. 98-150; s. 110, ch. 99-385; s. 23, ch. 2000-266.

343.65  Issuance of revenue bonds.--

(1)  The authority is authorized to borrow money as provided by the State Bond Act for the purpose of paying all or any part of the cost of any one or more Central Florida Regional Transportation Authority projects. The principal of, and the interest on, such bonds shall be payable solely from revenues pledged for their payment.

(2)  The proceeds of the bonds of each issue shall be used solely for the payment of the cost of Central Florida Regional Transportation Authority projects for which such bonds shall have been issued, except as provided in the State Bond Act. Such proceeds shall be disbursed and used as provided in this part and in such manner and under such restrictions, if any, as the Division of Bond Finance may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same.

(3)  The Division of Bond Finance is authorized to issue revenue bonds on behalf of the authority to finance or refinance the cost of Central Florida Regional Transportation Authority projects.

History.--s. 1, ch. 89-351; s. 5, ch. 93-103.

343.66  Bonds not debts or pledges of credit of state.--Revenue bonds issued under the provisions of this part are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from revenues pledged for their payment. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon, except from the revenues pledged for their payment, and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under the provisions of this part does not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever, or to make any appropriation for their payment. No state funds shall be used to pay the principal or interest of any bonds issued to finance or refinance any portion of the Central Florida Regional Transportation Authority system, and all such bonds shall contain a statement on their face to this effect.

History.--s. 1, ch. 89-351; s. 6, ch. 93-103.

343.67  Pledge to bondholders not to restrict certain rights of authority.--The state pledges to and agrees with the holders of the bonds issued pursuant to this part that the state will not limit or restrict the rights vested in the authority to construct, reconstruct, maintain, and operate any Central Florida Regional Transportation Authority project as defined in this part, to establish and collect such fees or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the Central Florida Regional Transportation Authority system, and to fulfill the terms of any agreements made with the holders of bonds authorized by this part. The state further pledges that it will not in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.

History.--s. 1, ch. 89-351; s. 7, ch. 93-103.

PART III

TAMPA BAY COMMUTER RAIL AUTHORITY

343.71  Short title.

343.72  Definitions.

343.73  Tampa Bay Commuter Rail Authority.

343.74  Powers and duties.

343.75  Issuance of revenue bonds.

343.76  Bonds not debts or pledges of credit of state.

343.77  Pledge to bondholders not to restrict certain rights of authority.

343.71  Short title.--This part may be cited as the "Tampa Bay Commuter Rail Authority Act."

History.--s. 86, ch. 90-136.

343.72  Definitions.--As used in this part, unless the context clearly indicates otherwise, the term:

(1)  "Authority" means the Tampa Bay Commuter Rail Authority.

(2)  "Board" means the governing body of the authority.

(3)  "Commuter railroad" means a complete system of tracks, guideways, stations, and rolling stock necessary to effectuate medium-distance to long-distance passenger rail service to, from, or within the surrounding regional municipalities.

(4)  "Commuter rail facilities" means property and avenues of access required for the commuter rail or fixed-guideway systems.

(5)  "Member" means the individuals constituting the board.

(6)  "Feeder transit services" means fixed guideway or bus service to transport passengers to rail or ferry stations.

(7)  "Commuter ferry" means a complete ferry system of boats, docks, and stations necessary to effectuate the movement of people by water to or from feeder transit services, commuter railroads, bus or fixed-guideway systems.

History.--s. 86, ch. 90-136; s. 72, ch. 94-237.

343.73  Tampa Bay Commuter Rail Authority.--

(1)  There is created and established a body politic and corporate, an agency of the state, to be known as the Tampa Bay Commuter Rail Authority, hereinafter referred to as the authority.

(2)  The board shall consist of the following members:

(a)  The metropolitan planning organizations of Hernando, Hillsborough, Pasco, Pinellas, and Polk Counties shall each elect a member as its representative on the board. The member must be an elected official and a member of the respective metropolitan planning organization when elected and for the full extent of his or her term on the board.

(b)  The county commissions of those counties shall each appoint a citizen member to the board who is not a county commissioner but who is a resident and a qualified elector of that county. Insofar as is practicable, the citizen member shall represent the business and civic interests of the community.

(c)  The Secretary of Transportation shall appoint as a member of the board the district secretary, or his or her designee, for each district within the five counties served by the authority.

(d)  The local transit authority in each of the five counties shall elect one member who shall serve as an ex officio nonvoting member of the board.

(e)  The Governor shall appoint one member to the board who is a resident and a qualified elector in the area served by the authority.

(3)  The terms of the county commissioners on the governing board of the authority shall be 2 years. All other members on the governing board of the authority shall serve staggered 4-year terms. Each member shall hold office until his or her successor has been appointed.

(4)  A vacancy during a term shall be filled by the respective appointing authority within 90 days in the same manner as the original appointment and only for the balance of the unexpired term.

(5)  The members of the authority shall not be entitled to compensation, but shall be reimbursed for travel expenses actually incurred in their duties as provided by law.

(6)  Members of the authority shall be required to comply with the applicable financial disclosure requirements of ss. 112.3145, 112.3148, and 112.3149.

History.--s. 86, ch. 90-136; s. 16, ch. 90-502; s. 9, ch. 91-418; s. 79, ch. 92-152; s. 73, ch. 94-237; s. 976, ch. 95-148.

343.74  Powers and duties.--

(1)(a)  The authority created by s. 343.73 has the right to own, operate, maintain, and manage a commuter rail system and commuter ferry system in Hernando, Hillsborough, Pasco, Pinellas, and Polk Counties.

(b)  It is the express intention of this part that the authority be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage a commuter rail system, commuter rail facilities, or commuter ferry system; to establish and determine such policies as may be necessary for the best interest of the operation and promotion of a commuter rail system and commuter ferry system; and to adopt such rules as may be necessary to govern the operation of a commuter rail system, commuter rail facilities, and commuter ferry system.

(2)  The authority may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers:

(a)  To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name.

(b)  To adopt and use a corporate seal.

(c)  To have the power of eminent domain, including the procedural powers granted under chapters 73 and 74.

(d)  To acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority.

(e)  To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the authority, including air rights.

(f)  To fix, alter, establish, and collect rates, fares, fees, rentals, and other charges for the use of any commuter rail system or facilities, or any commuter ferry system owned or operated by the authority.

(g)  To develop and provide feeder transit services to rail and commuter ferry stations.

(h)  To adopt bylaws for the regulation of the affairs and the conduct of the business of the authority. The bylaws shall provide for quorum and voting requirements, maintenance of minutes and other official records, and preparation and adoption of an annual budget.

(i)  To lease, rent, or contract for the operation or management of any part of a commuter rail system, commuter rail facility, or commuter ferry system including feeder transit services and concessions. In awarding any contracts, the authority shall consider, but is not limited to, the following:

1.  The qualifications of each applicant.

2.  The level of service.

3.  The efficiency, cost, and anticipated revenue.

4.  The construction, operation, and management plan.

5.  The financial ability to provide reliable service.

6.  The impact on other transportation modes, including the ability to interface with other transportation modes and facilities.

(j)  To enforce collection of rates, fees, and charges, and to establish and enforce fines and penalties for violations of any rules.

(k)  To advertise and promote commuter rail systems, commuter ferry systems, facilities, and activities of the authority.

(l)  To employ an executive director, attorney, staff, and consultants.

(m)  To cooperate with other governmental entities and to contract with other governmental agencies, including the Department of Transportation, the Federal Government, counties, municipalities, and seaport and airport authorities.

(n)  To enter into joint development agreements.

(o)  To accept funds from other governmental sources and to accept private donations.

(p)  To purchase directly from local, national, or international insurance companies liability insurance that the authority is contractually and legally obligated to provide, the requirements of s. 287.022(1) notwithstanding.

(3)  The authority shall develop and adopt a plan for the development of the Tampa Bay Commuter Rail or Commuter Ferry Service. Such plan shall address the authority's plan for the development of public and private revenue sources, funding of operating and capital costs, the service to be provided and the extent to which counties within the authority are to be served. The plan shall be reviewed and updated annually. Such plan shall be consistent, to the maximum extent feasible, with the approved local government comprehensive plan of the units of local government served by the authority.

(4)  The authority shall institute procedures to ensure that jobs created as a result of state funding pursuant to this section shall be subject to equal opportunity hiring practices as provided for in s. 110.112.

(5)  The authority shall comply with all statutory requirements of general application which relate to the filing of any report or documentation required by law, including the requirements of ss. 189.4085, 189.415, 189.417, and 189.418.

History.--s. 86, ch. 90-136; s. 80, ch. 92-152; s. 74, ch. 94-237; s. 111, ch. 99-385.

343.75  Issuance of revenue bonds.--

(1)  The authority is authorized to borrow money as provided by the State Bond Act for the purpose of paying all or any part of the cost of any one or more Tampa Bay rail or ferry projects. The principal of, and the interest on, such bonds shall be payable solely from revenues pledged for their payment.

(2)  The proceeds of the bonds of each issue shall be used solely for the payment of the cost of Tampa Bay rail or ferry projects for which such bonds shall have been issued, except as provided in the State Bond Act. Such proceeds shall be disbursed and used as provided in this part and in such manner and under such restrictions, if any, as the Division of Bond Finance may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same.

(3)  The Division of Bond Finance is authorized to issue revenue bonds on behalf of the authority to finance or refinance the cost of Tampa Bay rail or ferry projects.

History.--s. 86, ch. 90-136.

343.76  Bonds not debts or pledges of credit of state.--Revenue bonds issued under the provisions of this part are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from revenues pledged for their payment. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon, except from the revenues pledged for their payment, and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under the provisions of this part does not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever, or to make any appropriation for their payment. No state funds shall be used to pay the principal or interest of any bonds issued to finance or refinance any portion of the Tampa Bay rail or ferry system, and all such bonds shall contain a statement on their face to this effect.

History.--s. 86, ch. 90-136.

343.77  Pledge to bondholders not to restrict certain rights of authority.--The state pledges to and agrees with the holders of the bonds issued pursuant to this part that the state will not limit or restrict the rights vested in the authority to construct, reconstruct, maintain, and operate any Tampa Bay rail or ferry project as defined in this part, to establish and collect such fees or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the Tampa Bay rail or ferry system, and to fulfill the terms of any agreements made with the holders of bonds authorized by this part. The state further pledges that it will not in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.

History.--s. 86, ch. 90-136.