The Florida Senate

343.51  Short title.

343.52  Definitions.

343.53  South Florida Regional Transportation 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.

343.58  County funding for the South Florida Regional Transportation Authority.

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

History.--s. 1, ch. 89-351; s. 1, ch. 2003-159.

343.52  Definitions.--As used in this part, the term:

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

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

(3)  "Area served" means Miami-Dade, Broward, and Palm Beach Counties. However, this area may be expanded by mutual consent of the authority and the board of county commissioners representing the proposed expansion area.

(4)  "Transit system" means a system used for the transportation of people and goods by means of, without limitation, a street railway, an elevated railway having a fixed guideway, a commuter railroad, a subway, motor vehicles, or motor buses, and includes a complete system of tracks, stations, and rolling stock necessary to effectuate passenger service to or from the surrounding regional municipalities.

(5)  "Transit facilities" means property, avenues of access, equipment, or buildings built and installed in Miami-Dade, Broward, and Palm Beach Counties which are required to support a transit system.

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

(7)  "Feeder transit services" means a transit system that transports passengers to or from stations within or across counties.

History.--s. 1, ch. 89-351; s. 2, ch. 2003-159.

343.53  South 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 "South Florida Regional Transportation 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 Miami-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 Miami-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 South Florida Regional Transportation Authority is located.

(d)  If the authority's service area is expanded pursuant to s. 343.54(5), the county containing the new service area shall have three members appointed to the board as follows:

1.  The county commission of the county shall 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.

2.  The county commission of the county shall appoint a citizen member to the board who is not a member of the county commission 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.

3.  The Governor shall appoint a citizen member to the board who is not a member of the county commission but who is a resident and a qualified elector of that county.

(e)  The Governor shall appoint two members to the board who are residents and qualified electors in the area served by the authority but who are not residents of the same county and also not residents of the county in which the district secretary who was appointed pursuant to paragraph (c) is a resident.

(3)(a)  Members of the governing board of the authority shall be appointed to serve 4-year staggered terms, except that the terms of the appointees of the Governor shall be concurrent.

(b)  The terms of the board members currently serving on the authority that is being succeeded by this act shall expire July 30, 2003, at which time the terms of the members appointed pursuant to subsection (2) shall commence. The Governor shall make his or her appointments to the board within 30 days after July 30, 2003.

(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 serve without compensation, but are entitled to reimbursement 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; s. 3, ch. 2003-159.

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 transit system in the tri-county area of Broward, Miami-Dade, and Palm Beach Counties, hereinafter referred to as the South Florida Regional Transportation Authority.

(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 transit system and transit facilities; to establish and determine the policies necessary for the best interest of the operation and promotion of a transit system; and to adopt rules necessary to govern the operation of a transit commuter rail system and transit commuter rail facilities. It is the intent of the Legislature that the South Florida Regional Transportation Authority shall have overall authority to coordinate, develop, and operate a regional transportation system within the area served.

(c)  Notwithstanding subsection (3), the South Florida Regional Transportation Authority may not exercise the powers in paragraph (b) with respect to an existing system for transporting people and goods by any means which is owned by another entity without the consent of that entity. Furthermore, if the authority acquires, purchases, operates, condemns, or inherits an existing entity, the authority shall also inherit and assume all rights, assets, labor agreements, appropriations, privileges, and obligations of the existing entity. This paragraph does not preclude the South Florida Regional Transportation Authority from having the primary responsibility to develop and coordinate the transportation systems within the service area of the South Florida Regional Transportation Authority.

(2)  The authority created in this part shall be the successor and assignee of the Tri-County Commuter Rail Authority and shall inherit all rights, assets, labor agreements, appropriations, privileges, and obligations of the Tri-County Commuter Rail Authority.

(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 transit system or transit facilities owned or operated by the authority.

(g)  To develop and provide feeder transit services to or from stations within or across counties.

(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 transit system or transit 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 transit systems, transit 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, regional planning councils, 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 transit system. 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.

(5)  The authority, by a resolution of its governing board, may expand its service area and enter into a partnership with any county that is contiguous to the service area of the authority. The board shall determine the conditions and terms of the partnership, except as provided herein. However, the authority may not expand its service area without the consent of the board of county commissioners representing the proposed expansion area, and a county may not be added to the service area except in the year that federal reauthorization legislation for transportation funds is enacted.

History.--s. 1, ch. 89-351; s. 88, ch. 90-136; s. 76, ch. 92-152; s. 4, ch. 2003-159.

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 projects of the South Florida Regional Transportation Authority. 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 the 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 projects.

History.--s. 1, ch. 89-351; s. 5, ch. 2003-159.

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 South Florida Regional Transportation Authority transit 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 South Florida Regional Transportation Authority 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; s. 6, ch. 2003-159.

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 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 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. 2003-159.

343.58  County funding for the South Florida Regional Transportation Authority.--

(1)  Each county served by the South Florida Regional Transportation Authority must dedicate $2.67 million to the authority annually. The recurring annual $2.67 million must be dedicated by the governing body of each county by August 1, 2003. Notwithstanding ss. 206.41 and 206.87, such dedicated funding may come from each county's share of the ninth-cent fuel tax, the local option fuel tax, or any other source of local gas taxes or other nonfederal funds available to the counties. In addition, the Legislature authorizes the levy of an annual license tax in the amount of $2 for the registration or renewal of registration of each vehicle taxed under s. 320.08 and registered in the area served by the South Florida Regional Transportation Authority. The annual license tax shall take effect in any county served by the authority upon approval by the residents in a county served by the authority. The annual license tax shall be levied and the Department of Highway Safety and Motor Vehicles shall remit the proceeds each month from the tax to the South Florida Regional Transportation Authority.

(2)  In addition, each county shall continue to annually fund the operations of the South Florida Regional Transportation Authority in an amount not less than $1.565 million. Such funds pursuant to this subsection shall also be considered a dedicated funding source.

If, by December 31, 2009, the South Florida Regional Transportation Authority has not received federal matching funds based upon the dedication of funds under subsection (1), subsection (1) shall be repealed.

History.--s. 10, ch. 2003-159.

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 five voting members as follows:

(a)  The chairs of the county commissions of Seminole, Orange, and Osceola Counties, or another member of the commission designated by the county chair, shall each serve as a representative on the board for the full extent of his or her term.

(b)  The mayor of the City of Orlando, or a member of the Orlando City Council designated by the mayor, shall serve as a representative on the board for the full extent of his or her term.

(c)  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 voting member.

(3)  A vacancy during a term shall be filled 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; s. 1, ch. 2003-285.

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.

343.71  Short title.

343.72  Definitions.

343.73  Tampa Bay Commuter Transit 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 Transit Authority Act."

History.--s. 86, ch. 90-136; s. 17, ch. 2004-366.

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

(1)  "Authority" means the Tampa Bay Commuter Transit 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; s. 18, ch. 2004-366.

343.73  Tampa Bay Commuter Transit 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 Transit 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, Manatee, Sarasota, 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 seven counties served by the authority.

(d)  The local transit authority in each of the seven 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; s. 19, ch. 2004-366.

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, Manatee, Sarasota, 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; s. 20, ch. 2004-366.

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.