Senate Bill sb2680

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    Florida Senate - 2000        (NP)                      SB 2680

    By Senator Clary





    7-1177-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Mid-Bay Bridge

  3         Authority, Okaloosa County; providing

  4         legislative intent; amending, codifying, and

  5         reenacting chapters 86-465 and 88-542, Laws of

  6         Florida; providing for the repeal of all prior

  7         special acts related to the Mid-Bay Bridge

  8         Authority; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Pursuant to chapter 97-255, Laws of

13  Florida, this act constitutes the codification of all special

14  acts relating to the Mid-Bay Bridge Authority. It is the

15  intent of the Legislature in enacting this law to provide a

16  single, comprehensive special act charter for the district,

17  including all current legislative authority granted to the

18  district by its several legislative enactments and any

19  additional authority granted by this act. It is further the

20  intent of this act to preserve all district authority.

21         Section 2.  Chapters 86-465 and 88-542, Laws of

22  Florida, relating to the Mid-Bay Bridge Authority, are

23  codified, reenacted, amended, and repealed as herein provided.

24         Section 3.  The charter of the Mid-Bay Bridge Authority

25  is re-created and reenacted to read:

26         Section 1.  Purpose.--There is hereby created in

27  Okaloosa County a dependent special district for the purpose

28  of planning, constructing, operating, and maintaining a bridge

29  transversing Choctawhatchee Bay. The governmental body shall

30  be known as the Mid-Bay Bridge Authority, hereinafter referred

31  to as "authority."

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         Section 2.  Definitions.--As used in this act:

  2         (1)  "Bond" includes bonds, debentures, notes,

  3  certificates of indebtedness, mortgage, certificates, or other

  4  obligations or evidences of indebtedness of any type or

  5  character.

  6         (2)  "Revenue bonds" means obligations of the authority

  7  which are payable from revenues derived from sources other

  8  than ad valorem taxes on real or tangible personal property

  9  and which do not pledge the property, credit, or general tax

10  revenue of the authority.

11         (3)  "Refunding bonds" means bonds issued to refinance

12  outstanding bonds of any type and the interest and redemption

13  premium thereon. Refunding bonds shall be issuable and payable

14  in the same manner as the refinanced bonds, except that no

15  approval by the electorate shall be required unless required

16  by the State Constitution.

17         (4)  "Department" means the Florida Department of

18  Transportation.

19         (5)  "System" means the bridge traversing

20  Choctawhatchee Bay to be constructed pursuant to this act

21  together with all additions, improvements, connections,

22  extensions, approaches, streets, roads, avenues of access, and

23  transportation facilities appurtenant thereto.

24         Section 3.  Membership; terms of office; officers;

25  quorum; meetings; removal.--

26         (1)  The authority shall consist of five members.

27         (2)  The Governor shall appoint two members to initial

28  terms of 2 years, one member to an initial term of 1 year, and

29  two members for initial terms of 3 years.

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         (3)  The terms of office for each member shall be 3

  2  years. Each term shall expire on June 30 in the year of

  3  expiration of the term.

  4         (4)  A chair, vice chair, and secretary/treasurer shall

  5  be chosen by and from the authority membership.  The term of

  6  office for the chair, vice chair, and secretary/treasurer

  7  shall be 1 year, and no member shall hold the same office for

  8  more than two consecutive terms.

  9         (5)  A quorum shall consist of three members, and

10  action shall be taken by a majority vote.

11         (6)  A member may be removed by the Governor, but only

12  for grounds constituting misfeasance, neglect of duty,

13  incompetence, permanent inability to perform his or her

14  official duties, or commission of a felony.  The unexcused

15  failure to attend three consecutive regular meetings of the

16  authority shall be deemed neglect of duty, without limiting

17  the meaning of that term.

18         (7)  Except as otherwise provided, vacancies in office

19  shall be filled by the Governor, as appropriate, for the

20  balance of the term.  In such cases, the appointment shall be

21  made by the appropriate entity not later than 30 days after

22  the office has become vacant.

23         (8)  No person who has transacted business with the

24  authority is eligible for appointment to the authority until 3

25  years after the last transaction.  No person who has served on

26  the authority is eligible to transact business with the

27  authority until 3 years after his or her last date of service.

28  Said transactions include transactions either for oneself or

29  as an employee of, agent for, or consultant to any other

30  person or legal entity.

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         (9)  No member, officer, agent, or employee of the

  2  authority, either for himself or herself or as agent for

  3  anyone else, or as a stockholder or owner in any other legal

  4  entity, shall participate or benefit directly or indirectly in

  5  or from any sale, purchase, lease, franchise, contract, or

  6  other transaction, entered into by the authority.  The

  7  provisions of this section shall be cumulative to any general

  8  laws of the state which are from time to time applicable to

  9  members, officers, agents, or employees of the authority and

10  which require the disclosure of, or prohibit, conflicts of

11  interest.

12         (10)  At any time during a term that a member shall

13  become a constitutional officer of his or her respective

14  county, the member shall cease to be a member as of such time,

15  and the Governor shall appoint another member to serve the

16  remaining term of office; and a resignation from such office

17  shall not restore such person to the authority.

18         (11)  The District Engineer of the Florida Department

19  of Transportation shall be an ex-officio member of the

20  authority but shall have no voting privileges.

21         Section 4.  Powers.--The authority shall have all power

22  and authority necessary, convenient, or desirable to

23  accomplish the purposes of this act, including, but not

24  limited to, the power to:

25         (1)  Enter into contracts and to sue and be sued in its

26  own name;

27         (2)  Employ necessary personnel, including the

28  appointment of an executive director, whose duties and

29  salaries shall be prescribed by authority;

30         (3)  Adopt a budget annually, and to amend it during

31  the fiscal year;

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         (4)  Adopt rules for the regulation of its affairs and

  2  the conduct of its business, and rules for the operation of

  3  the system, and to enforce and administer all such rules;

  4         (5)  Adopt and alter an official seal;

  5         (6)  Maintain an office within Okaloosa County;

  6         (7)  Plan for and study the feasibility of

  7  constructing, operating, and maintaining a bridge transversing

  8  Choctawhatchee Bay, including studying the environmental and

  9  economic feasibility of such bridge, and such other

10  transportation facilities that become part of the system;

11         (8)  Construct, operate, and maintain the system,

12  including a bridge transversing Choctawhatchee Bay and

13  approach roads and facilities appurtenant thereto;

14         (9)  Coordinate and encourage public and private

15  development in connection with the system, including a bridge

16  transversing Choctawhatchee Bay;

17         (10)  Construct, acquire, repair, and operate any

18  public development or project covered in this act, or

19  coordinate any of the foregoing among other governmental

20  agencies;

21         (11)  Acquire, construct, reconstruct, equip, improve,

22  maintain, and repair the system or any portion thereof within

23  its area of operation;

24         (12)  Fix, charge, and collect fees, tolls, rents, and

25  charges for the use of the system, any part thereof, and any

26  facilities furnished thereby, and of any property under its

27  control, and pledge such revenue to the payment of revenue

28  bonds issued by the authority;

29         (13)  Accept grants and donations of any type of

30  property, labor, and other things of value from public and

31  private sources, and to expend the funds of the authority for

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1  public purposes in its area of operation as a part of and in

  2  cooperation with the system or any portion thereof;

  3         (14)  Acquire, by purchase, on such terms and

  4  conditions and in such manner as it may deem proper, and to

  5  own, convey, and otherwise dispose of and to lease as lessor

  6  and lessee, any land and any other property, real or personal,

  7  reasonably necessary in furtherance of its powers under this

  8  act, and to grant and acquire licenses, easements, and options

  9  with respect thereto;

10         (15)  Exercise the power of eminent domain pursuant to

11  chapters 73 and 74, Florida Statutes;

12         (16)  Borrow money and to issue notes for any purpose

13  or purposes for which bonds may be issued under this act and

14  to refund the same; to issue notes in anticipation of the

15  receipt of the proceeds of the sale of bonds;

16         (17)  Employ or contract for technical experts,

17  consultants, or other staff as may be deemed necessary and to

18  determine their qualifications, duties, and compensation; and

19  may appoint any advisory committee deemed necessary;

20         (18)  Issue revenue bonds or refunding bonds of the

21  authority pursuant to section 8;

22         (19)  Pay operating and debt service costs of the

23  authority;

24         (20)  Enter into and make lease-purchase agreements

25  with the department until any bonds secured by a pledge of

26  rentals hereunder and any refundings thereof are fully paid as

27  to both principal and interest; and

28         (21)  Do all acts necessary in order to carry out the

29  purposes of this act.

30         Section 5.  Compensation and travel expenses.--The

31  members of the authority shall receive no salary or other

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1  compensation for their services.  The authority shall,

  2  however, be authorized to pay reasonable costs and expenses

  3  necessarily incurred by the members in performance of their

  4  duties.  The rate for travel expenses shall not exceed the

  5  rate for state employees.

  6         Section 6.  Budget.--

  7         (1)(a)  Prior to preparation of the annual budget as

  8  provided in paragraph (b), the authority shall develop an

  9  annual proposed budget according to the provisions set forth

10  in this section by May of each year, for a public hearing

11  before the citizens of Okaloosa County.

12         (b)  The authority, in each fiscal year, shall prepare

13  an annual budget for operating revenue accounts and operating

14  expense accounts and such other accounts as the board of

15  county commissioners shall prescribe, for its operations in

16  the ensuing fiscal year and, on or before the first day of

17  June of each year, the chair of the authority shall submit

18  such budget to the board of county commissioners. The fiscal

19  year for the authority shall be concurrent with the fiscal

20  year of Okaloosa County.  At the time the authority prepares

21  its annual budget, it shall adopt a resolution determining and

22  finding the estimated amounts to be expended by the

23  obligations of the authority, for acquiring, establishing,

24  constructing, enlarging, operating, and maintaining the

25  system, including the bridge and bridge facilities and other

26  facilities related thereto, or for any other corporate purpose

27  of the authority. A certified copy of the resolution shall be

28  submitted to the board of county commissioners at the same

29  time that it submits its annual budget referred to above.

30         (c)  The board of county commissioners shall examine

31  the budget and the certified copy of the resolution, and may

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1  increase or reduce the total amount requested under the

  2  provisions in the budget and resolution for the expenditures

  3  in such an amount as the board of county commissioners deems

  4  advisable in its sole discretion. Thereafter, the board of

  5  county commissioners shall approve the budget of the

  6  authority, either as submitted or as increased or reduced, as

  7  aforesaid.

  8         (d)  Any budget amendment adopted by the authority that

  9  increases the total budget shall be approved by the board of

10  county commissioners prior to becoming effective.

11         (e)  All anticipated revenues to be derived from the

12  operation of the system, including the bridge and bridge

13  facilities shall be included in the budget of the authority.

14  However, any amounts of money, including funds in the

15  authority's budget for the preceding fiscal year, that remain

16  unexpended from the revenue derived under the budget for the

17  preceding fiscal year may, by resolution duly adopted by the

18  authority and approved by the board of county commissioners,

19  be set aside in a separate fund, to be known and described as

20  a "Renewal and Replacement Fund," and accumulated in said fund

21  from year to year for the purpose of purchasing real and

22  personal property, and building and constructing permanent

23  improvements, replacements, alterations, buildings, and other

24  structures, and such funds may be disbursed from time to time

25  out of the renewal and replacement fund, upon proper

26  resolution of the authority and approval by the board of

27  county commissioners, and solely for the payment of the cost

28  of purchasing real and tangible personal property, and

29  building and constructing permanent improvements,

30  replacements, alterations, buildings, and other structures.

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         (f)  The authority shall adopt budget procedures to

  2  establish the direct and indirect costs of operating and

  3  maintaining the bridge authority and the system, as well as

  4  the direct income derived therefrom.

  5         Section 7.  Notice of meetings.--The authority shall

  6  give reasonable notice of all meetings at least 3 days prior

  7  to the meetings, said notice to be published in a newspaper in

  8  general circulation in Okaloosa County.  Said notice shall

  9  include agenda items whenever said items involve leasing of

10  all or any portion of the system. All meetings of the

11  authority shall be so noticed except emergency meetings which

12  shall be called only when there is an immediate danger to the

13  public health, safety, or welfare.

14         Section 8.  Bonding power.--

15         (1)  The authority is empowered and authorized to issue

16  revenue or refunding bonds. The purpose of the bonds shall be

17  to finance all or part of the cost of acquisition,

18  construction, and equipping of the system or for refunding of

19  bonds for the same purpose. Such bonds may be issued in one or

20  more series and shall bear such date or dates, be payable upon

21  demand or mature at such time or times, be in such

22  denomination or denominations, be in such form, registered or

23  not, with or without coupon, carry such conversion or

24  registration privileges, have such rank or priority, be

25  executed in such manner, be payable in such medium of payment,

26  at such place or places, and be subject to terms of

27  redemption, with or without premium, be secured in such

28  manner, and have such other characteristics as may be provided

29  by such resolution or ordinance or trust indenture or mortgage

30  issued pursuant thereto. Such bonds shall bear interest at

31  such rate or rates allowed by general law.

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1         (2)  Bonds issued under this section shall be

  2  authorized by resolution of the authority. Any such resolution

  3  or resolutions authorizing any bonds hereunder may contain

  4  provisions, which shall be part of the contract with the

  5  holders of such bonds, as to:

  6         (a)  The pledging of all or any part of the revenues,

  7  rates, fees, rentals, or other charges or receipts of the

  8  authority derived from the system.

  9         (b)  The completion, improvement, operation, extension,

10  maintenance, repair, lease, or lease-purchase of such system

11  and with duties of the authority and others, including the

12  department, with reference thereto.

13         (c)  Limitations on the purposes to which the proceeds

14  of the bonds, then or thereafter to be issued, or of any loan

15  or grant by the United States or the state may be applied.

16         (d)  The fixing, charging, establishing, and collecting

17  of rates, fees, rentals, or other charges for use of the

18  services and facilities of the system or any part thereof.

19         (e)  The setting aside of reserves or sinking funds or

20  repair and replacement funds and the regulation and

21  disposition thereof.

22         (f)  Limitations on the issuance of additional bonds.

23         (g)  The terms and provisions of any lease-purchase

24  agreement, deed of trust, or indenture securing the bonds, or

25  under which the same may be issued.

26         (h)  Any other or additional agreements with the

27  holders of the bonds which the authority may deem desirable

28  and proper.

29         (3)  The authority may employ fiscal agents as provided

30  by this part, or the State Board of Administration may, upon

31  request of the authority, act as fiscal agent for the

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    Florida Senate - 2000        (NP)                      SB 2680
    7-1177-00                                               See HB




  1  authority in the issuance of any bonds which may be issued

  2  pursuant to this act; and the State Board of Administration

  3  may, upon request of the authority, take over the management,

  4  control, administration, custody, and payment of any or all

  5  debt services of funds or assets now or hereafter available

  6  for any bonds issued pursuant to this act.  The authority may

  7  enter into deeds of trust, indentures, or other agreements

  8  within or without the state as security for such bonds and

  9  may, under such agreements, sign and pledge all or any of the

10  revenues, rates, fees, rentals, or other charges or receipts

11  of the authority, as provided herein.  Any such deed of trust,

12  indenture, or other agreement may contain such provisions as

13  are customary in such instruments or as the authority may

14  authorize, including, but without limitation, provisions as

15  to:

16         (a)  The completion, improvement, operation, extension,

17  maintenance, repair, and lease of, or lease-purchase agreement

18  relating to the system and the duties of the authority and

19  others, including the department, with reference thereto.

20         (b)  The application of funds and the safeguarding of

21  funds on hand or on deposit.

22         (c)  The rights and remedies of the trustee and the

23  holders of the bonds.

24         (d)  The terms and provisions of the bonds or the

25  resolutions authorizing the issuance of same.

26         (4)  Any of the bonds issued pursuant to this act are,

27  and are hereby declared to be, negotiable instruments and

28  shall have all the qualities and incidents of negotiable

29  instruments under the law merchant and the Uniform Commercial

30  Code of the state.

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    Florida Senate - 2000        (NP)                      SB 2680
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  1         (5)  The authority shall determine the terms and manner

  2  of sale and distribution or other disposition of any and all

  3  bonds it may issue and shall have any and all powers necessary

  4  or convenient to such disposition.

  5         (6)  The authority may establish and administer such

  6  sinking funds as it deems necessary or convenient for the

  7  payment, purchase, or redemption of any outstanding bonded

  8  indebtedness of the authority.

  9         Section 9.  Bonding rights.--The State of Florida does

10  pledge to, and agree with, the Federal Government and any

11  person, or corporation, subscribing to, or acquiring the bonds

12  to be issued by the authority for the construction,

13  acquisition, extension, improvement, or enlargement of the

14  system, or any part thereof, that the state will not limit or

15  alter the rights hereby vested in the authority and the

16  department until all bonds at any time issued, together with

17  the interest therein, are fully paid and discharged or until

18  provision is made therefor. The State of Florida does further

19  pledge to, and agree with, the Federal Government that in the

20  event that the Federal Government shall construct or

21  contribute any funds for the construction, acquisition,

22  extension, improvement, or enlargement of the system, or any

23  part thereof, the state will not alter or limit the rights and

24  powers of the authority in any manner which would be

25  inconsistent with the continued maintenance and operation of

26  the system, or any part thereof, or the improvement thereof,

27  or which would be inconsistent with the due performance of any

28  agreement between the authority and the Federal Government,

29  and the authority shall continue to have and may exercise all

30  powers herein granted, so long as the same may be necessary or

31  desirable for the carrying out of the purposes of this act and

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    Florida Senate - 2000        (NP)                      SB 2680
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  1  the purposes of the Federal Government in the construction, or

  2  acquisition or improvement or enlargement of the system, or

  3  any part thereof.

  4         Section 10.  Powers granted, supplemental.--The powers

  5  granted by this act shall be regarded as supplemental and

  6  additional to powers conferred by other laws, and, unless

  7  inconsistent with such powers, shall not be regarded as in

  8  derogation of or as repealing any powers now existing under

  9  any other law, whether general, special, or local.

10         Section 11.  Cooperation.--The Department of

11  Transportation is directed to cooperate with the authority to

12  the maximum extent possible.

13         Section 12.  Audit.--The financial records of the

14  authority shall be audited by an independent certified public

15  accountant at least once each fiscal year.

16         Section 13.  Lease-purchase agreement.--

17         (1)  In order to effectuate the purposes of this act

18  and as authorized herein, the authority may enter into a

19  lease-purchase agreement with the department relating to and

20  covering the system of any portion thereof.

21         (2)  The lease-purchase agreement shall provide for the

22  leasing of the system or any portion thereof by the authority,

23  as lessor, to the department, as lessee, and shall prescribe

24  the terms of such lease and the rentals to be paid thereunder.

25         (3)  The lease-purchase agreement may include such

26  other provisions, agreements, and covenants as the authority

27  and the department deem advisable or required, including, but

28  not limited to, provisions as to the bonds to be issued under

29  and for the purposes of this act; the financing, extension,

30  improvement, operation, and maintenance of the system and the

31  expenses and costs of operation of the authority; the charging

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  1  and collection of tolls, rates, fees, rentals, or other

  2  charges for the use of the services and facilities thereof;

  3  the application of federal or state grants or aid which may be

  4  made or given to assist the authority in the financing,

  5  completion, extension, improvement, operation, and maintenance

  6  of the system, which the authority is authorized to accept and

  7  apply to such purposes; the enforcement of payment and

  8  collection of tolls, rates, fees, and rentals; and any other

  9  terms, provisions, or covenants necessary, incidental, or

10  appurtenant to the making of, and full performance under, such

11  lease-purchase agreement.

12         (4)  The department, as lessee under such

13  lease-purchase agreement, is authorized to pay, as rentals

14  thereunder, any tolls, rates, fees, charges, funds, moneys,

15  receipts, or income accruing to the department from the

16  operation of the system and may also pay, as rentals, from any

17  moneys available to the department, such amounts as the

18  parties agree to accomplish the purposes of this act.

19         (5)  In accordance with the provisions of section

20  339.125, Florida Statutes, the department may covenant in any

21  lease-purchase agreement that it will pay all or any part of

22  the operation and maintenance of the system, to the extent the

23  proceeds of the bonds issued therefor are insufficient, from

24  sources other than the revenues derived from the operation of

25  the system.

26         (6)  Any lease-purchase agreement between the authority

27  and the department shall provide for the orderly repayment of

28  any and all costs incurred by the department in accordance

29  with terms, conditions, and repayment schedules to be mutually

30  agreeable to the authority and the department, which costs of

31  the department result from any covenants to complete or to

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  1  operate and maintain the systems authorized herein.  The

  2  agreement shall provide for a specified source for such

  3  repayment which may be, but is not limited to, tolls or other

  4  charges imposed for the use of all or a portion of the system

  5  or other sources available to the authority not required for

  6  the payment or provision for payment of principal, interest,

  7  reserves, premium, or other required deposits for any bonds or

  8  series of bonds of the authority and for any required or

  9  necessary or desirable reserves maintained to obtain or

10  maintain any credit rating of the authority.

11         Section 14.  Eligibility for investments and

12  security.--Any bonds or other obligations issued pursuant to

13  this act shall be and constitute legal investments for banks,

14  savings banks, trustees, executors, administrators, and all

15  other fiduciaries, and for all state, municipal, and other

16  public funds, and shall also be and constitute securities

17  eligible for deposit and security for all state, municipal, or

18  other public funds, notwithstanding the provisions of any

19  other law or laws to the contrary.

20         Section 4.  Chapters 86-465 and 88-542, Laws of

21  Florida, are repealed.

22         Section 5.  It is intended that the provisions of this

23  act shall be liberally construed for accomplishing the work

24  authorized and provided for or intended to be provided for by

25  this act, and where strict construction would result in the

26  defeat of the accomplishment of any part of the work

27  authorized by this act, and a liberal construction would

28  permit or assist in the accomplishment of any part of the work

29  authorized by this act, the liberal construction shall be

30  chosen.

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    Florida Senate - 2000        (NP)                      SB 2680
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  1         Section 6.  In the event that any section or provision

  2  of this act is held to be invalid or unenforceable, such

  3  determination shall not affect the validity of or

  4  enforceability of the remaining portions of this act, the

  5  Legislature hereby declaring that it would have passed this

  6  act and each other section and provision of this act.

  7         Section 7.  In the event of a conflict of the

  8  provisions of this act with the provisions of any other act,

  9  the provisions of this act shall control to the extent of such

10  conflict.

11         Section 8.  This act shall take effect upon becoming a

12  law.

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