Senate Bill sb1458

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    Florida Senate - 2002                                  SB 1458

    By Senator Constantine





    9-863-02

  1                      A bill to be entitled

  2         An act relating to expressway authorities;

  3         amending s. 348.0012, F.S.; revising exemptions

  4         from the Florida Expressway Authority Act;

  5         amending s. 348.754, F.S.; providing additional

  6         purposes and powers of the Orlando-Orange

  7         County Expressway Authority; amending s.

  8         748.7543, F.S.; revising programs and projects

  9         for which bond financing may be used; amending

10         s. 348.7544, F.S.; authorizing the authority to

11         refinance the Northwest Beltway Part A;

12         amending s. 348.7545, F.S.; authorizing the

13         authority to refinance the Western Beltway Part

14         C; amending s. 348.755, F.S.; prescribing

15         additional authority to issue bonds by or on

16         behalf of the authority; prescribing a

17         condition on issuance of bonds by the

18         authority; amending s. 348.765, F.S.; restating

19         the authority's exemption from certain

20         provisions relating to issuance of bonds by

21         state agencies; providing an effective date.

22

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

24

25         Section 1.  Section 348.0012, Florida Statutes, is

26  amended to read:

27         348.0012  Exemptions from applicability.--The Florida

28  Expressway Authority Act does not apply:

29         (1)  To In a county in which an expressway authority

30  that has been created pursuant to parts II-IX of this chapter;

31  or

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  1         (2)  To a transportation authority created pursuant to

  2  chapter 349.

  3         Section 2.  Paragraph (b) of subsection (1) of section

  4  348.754, Florida Statutes, is amended, and paragraph (o) is

  5  added to subsection (2) of that section, to read:

  6         348.754  Purposes and powers.--

  7         (1)

  8         (b)  It is the express intention of this part that the

  9  said authority, in the construction of the said Orlando-Orange

10  County Expressway System, shall be authorized to acquire,

11  finance, construct, and equip any extensions, additions or

12  improvements to the said system or appurtenant facilities,

13  including all necessary approaches, roads, bridges and avenues

14  of access as the authority deems desirable and proper,

15  together with such changes, modifications, or revisions to

16  such system or appurtenant facilities of said project as the

17  authority deems shall be deemed desirable and proper.

18         (2)  The authority is hereby granted, and shall have

19  and may exercise all powers necessary, appurtenant, convenient

20  or incidental to the carrying out of the aforesaid purposes,

21  including, but without being limited to, the following rights

22  and powers:

23         (o)  To enter into agreements facilitating and

24  implementing the use of electronic toll enforcement and

25  collection activities and of intelligent transportation

26  systems.

27         Section 3.  Section 748.7543, Florida Statutes, is

28  amended to read:

29         348.7543  Improvements, bond financing authority

30  for.--Pursuant to s. 11(f), Art. VII of the State

31  Constitution, the Legislature hereby approves for bond

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  1  financing by the Orlando-Orange County Expressway Authority

  2  the cost of acquiring, constructing, equipping, improving, or

  3  refurbishing any expressway system, including improvements to

  4  toll collection facilities, interchanges, future extensions

  5  and additions, necessary approaches, roads, bridges, avenues

  6  of access to the legislatively approved expressway system, and

  7  any other facility appurtenant, necessary, or incidental to

  8  the approved system as deemed desirable and proper by the

  9  authority pursuant to s. 348.754(1)(b). Subject to terms and

10  conditions of applicable revenue bond resolutions and

11  covenants, such costs financing may be financed in whole or in

12  part by revenue bonds issued pursuant to s. 348.755(1)(a) or

13  (b) whether currently issued or, issued in the future, or by a

14  combination of such bonds.

15         Section 4.  Section 348.7544, Florida Statutes, is

16  amended to read:

17         348.7544  Northwest Beltway Part A, construction

18  authorized; financing.--Notwithstanding s. 338.2275, the

19  Orlando-Orange County Expressway Authority is hereby

20  authorized to construct, finance, operate, own, and maintain

21  that portion of the Western Beltway known as the Northwest

22  Beltway Part A, extending from Florida's Turnpike near Ocoee

23  north to U.S. 441 near Apopka, as part of the authority's

24  20-year capital projects plan. This project may be financed

25  with any funds available to the authority for such purpose or

26  revenue bonds issued by the Division of Bond Finance of the

27  State Board of Administration on behalf of the authority

28  pursuant to s. 11, Art. VII of the State Constitution and the

29  State Bond Act, ss. 215.57-215.83. This project may be

30  refinanced with bonds issued by the authority pursuant to s.

31  348.755(1)(d).

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  1         Section 5.  Section 348.7545, Florida Statutes, is

  2  amended to read:

  3         348.7545  Western Beltway Part C, construction

  4  authorized; financing.--Notwithstanding s. 338.2275, the

  5  Orlando-Orange County Expressway Authority is authorized to

  6  exercise its condemnation powers, construct, finance, operate,

  7  own, and maintain that portion of the Western Beltway known as

  8  the Western Beltway Part C, extending from Florida's Turnpike

  9  near Ocoee in Orange County southerly through Orange and

10  Osceola Counties to an interchange with I-4 near the

11  Osceola-Polk County line, as part of the authority's 20-year

12  capital projects plan. This project may be financed with any

13  funds available to the authority for such purpose or revenue

14  bonds issued by the Division of Bond Finance of the State

15  Board of Administration on behalf of the authority pursuant to

16  s. 11, Art. VII of the State Constitution and the State Bond

17  Act, ss. 215.57-215.83. This project may be refinanced with

18  bonds issued by the authority pursuant to s. 348.755(1)(d).

19         Section 6.  Subsection (1) of section 348.755, Florida

20  Statutes, is amended to read:

21         348.755  Bonds of the authority.--

22         (1)(a)  Bonds may be issued on behalf of the authority

23  pursuant to the State Bond Act.

24         (b)  Alternatively, the authority may issue its own

25  bonds pursuant to this part at such times and in such

26  principal amount as, in the opinion of the authority, is

27  necessary to provide sufficient moneys for achieving its

28  purposes; however, such bonds may not pledge the full faith

29  and credit of the state. Bonds issued by the authority

30  pursuant to this paragraph or paragraph (a) The bonds of the

31  authority issued pursuant to the provisions of this part,

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  1  whether on original issuance or on refunding, shall be

  2  authorized by resolution of the members thereof and may be

  3  either term or serial bonds, shall bear such date or dates,

  4  mature at such time or times, not exceeding 40 years from

  5  their respective dates, bear interest at such rate or rates,

  6  payable semiannually, be in such denominations, be in such

  7  form, either coupon or fully registered, shall carry such

  8  registration, exchangeability and interchangeability

  9  privileges, be payable in such medium of payment and at such

10  place or places, be subject to such terms of redemption and be

11  entitled to such priorities on the revenues, rates, fees,

12  rentals or other charges or receipts of the authority

13  including the Orange County gasoline tax funds received by the

14  authority pursuant to the terms of any lease-purchase

15  agreement between the authority and the department, as such

16  resolution or any resolution subsequent thereto may provide.

17  The bonds shall be executed either by manual or facsimile

18  signature by such officers as the authority shall determine,

19  provided that such bonds shall bear at least one signature

20  which is manually executed thereon, and the coupons attached

21  to such bonds shall bear the facsimile signature or signatures

22  of such officer or officers as shall be designated by the

23  authority and shall have the seal of the authority affixed,

24  imprinted, reproduced or lithographed thereon, all as may be

25  prescribed in such resolution or resolutions.

26         (c)(b)  Said Bonds issued pursuant to paragraph (a) or

27  paragraph (b) shall be sold at public sale in the same manner

28  provided by the State Bond Act.  However, if the authority

29  shall, by official action at a public meeting, determine that

30  a negotiated sale of such the bonds is in the best interest of

31  the authority, the authority may negotiate the for sale of

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  1  such the bonds with the underwriter or underwriters designated

  2  by the authority and the Division of Bond Finance of the State

  3  Board of Administration with respect to bonds issued pursuant

  4  to paragraph (a) or solely the authority with respect to bonds

  5  issued pursuant to paragraph (b). The authority's

  6  determination to negotiate the sale of such bonds may be

  7  based, in part, upon the written advice of the authority's

  8  financial advisor. Pending the preparation of definitive

  9  bonds, interim certificates may be issued to the purchaser or

10  purchasers of such bonds and may contain such terms and

11  conditions as the authority may determine.

12         (d)  The authority may issue bonds pursuant to

13  paragraph (b) to refund any bonds previously issued regardless

14  of whether the bonds being refunded were issued by the

15  authority pursuant to this chapter or on behalf of the

16  authority pursuant to the State Bond Act.

17         Section 7.  Section 348.765, Florida Statutes, is

18  amended to read:

19         348.765  This part complete and additional authority.--

20         (1)  The powers conferred by this part shall be in

21  addition and supplemental to the existing powers of said board

22  and the department, and this part shall not be construed as

23  repealing any of the provisions, of any other law, general,

24  special or local, but to supersede such other laws in the

25  exercise of the powers provided in this part, and to provide a

26  complete method for the exercise of the powers granted in this

27  part.  The extension and improvement of said Orlando-Orange

28  County Expressway System, and the issuance of bonds hereunder

29  to finance all or part of the cost thereof, may be

30  accomplished upon compliance with the provisions of this part

31  without regard to or necessity for compliance with the

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  1  provisions, limitations, or restrictions contained in any

  2  other general, special or local law, including, but not

  3  limited to, s. 215.821, and no approval of any bonds issued

  4  under this part by the qualified electors or qualified

  5  electors who are freeholders in the state or in said County of

  6  Orange, or in said City of Orlando, or in any other political

  7  subdivision of the state, shall be required for the issuance

  8  of such bonds pursuant to this part.

  9         (2)  This part shall not be deemed to repeal, rescind,

10  or modify any other law or laws relating to said State Board

11  of Administration, said Department of Transportation, or the

12  Division of Bond Finance of the State Board of Administration,

13  but shall be deemed to and shall supersede such other law or

14  laws as are inconsistent with the provisions of this part,

15  including, but not limited to, s. 215.821.

16         Section 8.  This act shall take effect July 1, 2002.

17

18            *****************************************

19                          SENATE SUMMARY

20    Revises exemptions from the Florida Expressway Authority
      Act. Revises and expands the authority of the
21    Orlando-Orange County Expressway Authority to issue bonds
      and authorizes the authority to refinance certain
22    projects with newly issued bonds. (See bill for details.)

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