SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Jones moved the following amendment to amendment

12  (453732):

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14         Senate Amendment (with title amendment) 

15         On page 91, line 5, through page 92, line 3, delete

16  those lines

17

18  and insert:

19         Section 55.  Paragraph (f) of subsection (2) of section

20  348.0004, Florida Statutes, is amended, and paragraph (m) is

21  added to that subsection, to read:

22         348.0004  Purposes and powers.--

23         (2)  Each authority may exercise all powers necessary,

24  appurtenant, convenient, or incidental to the carrying out of

25  its purposes, including, but not limited to, the following

26  rights and powers:

27         (f)  To fix, alter, charge, establish, and collect

28  tolls, rates, fees, rentals, and other charges for the

29  services and facilities system, which tolls, rates, fees,

30  rentals, and other charges must always be sufficient to comply

31  with any covenants made with the holders of any bonds issued

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    10:57 AM   04/29/99                               h0591c-4013w




                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  pursuant to the Florida Expressway Authority Act. However,

 2  such right and power may be assigned or delegated by the

 3  authority to the department. Notwithstanding s. 338.165 or any

 4  other provision of law to the contrary, in any county as

 5  defined in s. 125.011(1), to the extent surplus revenues

 6  exist, they may be used for purposes enumerated in subsection

 7  (7), provided the expenditures are consistent with the

 8  metropolitan planning organization's adopted long-range plan.

 9  Notwithstanding any other provision of law to the contrary,

10  but subject to any contractual requirements contained in

11  documents securing any outstanding indebtedness payable from

12  tolls, in any county as defined in s. 125.011(1), the board of

13  county commissioners may, by ordinance adopted on or before

14  September 30, 1999, alter or abolish existing tolls and

15  currently approved increases thereto if the board provides a

16  local source of funding to the county expressway system for

17  transportation in an amount sufficient to replace revenues

18  necessary to meet bond obligations secured by such tolls and

19  increases.

20         (m)  An expressway authority in any county as defined

21  in s. 125.011(1) may consider any unsolicited proposals from

22  private entities and all factors it deems important in

23  evaluating such proposals. Such an expressway authority shall

24  adopt rules or policies in compliance with s. 334.30 for the

25  receipt, evaluation, and consideration of such proposals in

26  order to enter into agreements for the planning design,

27  engineering, construction, operation, ownership, or financing

28  of additional expressways in that county. Such rules must

29  require substantially similar technical information as is

30  required by s. 14-107.0011(3)(a)-(e), F.A.C. In accepting a

31  proposal and entering into such an agreement, the expressway

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    10:57 AM   04/29/99                               h0591c-4013w




                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  authority and the private entity shall for all purposes be

 2  deemed to have complied with chapters 255 and 287. Similar

 3  proposals shall be reviewed and acted on by the authority in

 4  the order in which they were received. An additional

 5  expressway may not be constructed under this section without

 6  the prior express written consent of the board of county

 7  commissioners of each county located within the geographical

 8  boundaries of the authority. The powers granted by this

 9  section are in addition to all other powers of the authority

10  granted by this chapter.

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13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 161, line 7, after the semicolon,

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17  insert:

18         authorizing an expressway authority to consider

19         proposals for the construction, operation,

20         ownership, or financing of additional

21         expressways; requiring prior consent of the

22         board of county commissioners of each county

23         within the boundaries of the authority;

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    10:57 AM   04/29/99                               h0591c-4013w