Senate Bill sb1458c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1458

    By the Committee on Transportation; and Senator Constantine





    306-2140-02

  1                      A bill to be entitled

  2         An act relating to expressway authorities;

  3         amending s. 348.754, F.S.; restricting certain

  4         activities affecting the Wekiva River by the

  5         Orlando-Orange County Expressway Authority;

  6         amending s. 348.7543, F.S.; specifying the

  7         revenue bonds that may be used to finance

  8         certain improvements to the Orlando-Orange

  9         County Expressway Authority; amending s.

10         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.  Subsection (6) is added to section 348.754,

26  Florida Statutes, to read:

27         348.754  Purposes and powers.--

28         (6)  After July 1, 2002, the authority may not approve

29  any acquisition of right-of-way or construction of any new

30  additions, extensions, or appurtenant facilities without prior

31  legislative authorization if the new additions, extensions, or

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1458
    306-2140-02




  1  appurtenant facilities are proposed to be located within the

  2  Wekiva River Protection Area designated in s. 369.303(9).

  3         Section 2.  Section 748.7543, Florida Statutes, is

  4  amended to read:

  5         348.7543  Improvements, bond financing authority

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

  7  Constitution, the Legislature hereby approves for bond

  8  financing by the Orlando-Orange County Expressway Authority

  9  improvements to toll collection facilities, interchanges to

10  the legislatively approved expressway system, and any other

11  facility appurtenant, necessary, or incidental to the approved

12  system. Subject to terms and conditions of applicable revenue

13  bond resolutions and covenants, such costs financing may be

14  financed in whole or in part by revenue bonds issued pursuant

15  to s. 348.755(1)(a) or (b) whether currently issued or, issued

16  in the future, or by a combination of such bonds.

17         Section 3.  Section 348.7544, Florida Statutes, is

18  amended to read:

19         348.7544  Northwest Beltway Part A, construction

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

21  Orlando-Orange County Expressway Authority is hereby

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

23  that portion of the Western Beltway known as the Northwest

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

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

26  20-year capital projects plan. This project may be financed

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

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

29  State Board of Administration on behalf of the authority

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

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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1458
    306-2140-02




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

  2  348.755(1)(d).

  3         Section 4.  Section 348.7545, Florida Statutes, is

  4  amended to read:

  5         348.7545  Western Beltway Part C, construction

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

  7  Orlando-Orange County Expressway Authority is authorized to

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

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

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

11  near Ocoee in Orange County southerly through Orange and

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

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

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

15  funds available to the authority for such purpose or revenue

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

17  Board of Administration on behalf of the authority pursuant to

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

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

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

21         Section 5.  Subsection (1) of section 348.755, Florida

22  Statutes, is amended to read:

23         348.755  Bonds of the authority.--

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

25  pursuant to the State Bond Act.

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

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

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

29  necessary to provide sufficient moneys for achieving its

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

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1458
    306-2140-02




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

  2  authority issued pursuant to the provisions of this part,

  3  whether on original issuance or on refunding, shall be

  4  authorized by resolution of the members thereof and may be

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

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

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

  8  payable semiannually, be in such denominations, be in such

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

10  registration, exchangeability and interchangeability

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

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

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

14  rentals or other charges or receipts of the authority

15  including the Orange County gasoline tax funds received by the

16  authority pursuant to the terms of any lease-purchase

17  agreement between the authority and the department, as such

18  resolution or any resolution subsequent thereto may provide.

19  The bonds shall be executed either by manual or facsimile

20  signature by such officers as the authority shall determine,

21  provided that such bonds shall bear at least one signature

22  which is manually executed thereon, and the coupons attached

23  to such bonds shall bear the facsimile signature or signatures

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

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

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

27  prescribed in such resolution or resolutions.

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

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

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

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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1458
    306-2140-02




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

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

  3  such the bonds with the underwriter or underwriters designated

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

  5  Board of Administration with respect to bonds issued pursuant

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

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

  8  determination to negotiate the sale of such bonds may be

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

10  financial advisor. Pending the preparation of definitive

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

12  purchasers of such bonds and may contain such terms and

13  conditions as the authority may determine.

14         (d)  The authority may issue bonds pursuant to

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

16  of whether the bonds being refunded were issued by the

17  authority pursuant to this chapter or on behalf of the

18  authority pursuant to the State Bond Act.

19         Section 6.  Section 348.765, Florida Statutes, is

20  amended to read:

21         348.765  This part complete and additional authority.--

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

23  addition and supplemental to the existing powers of said board

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

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

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

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

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

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

30  County Expressway System, and the issuance of bonds hereunder

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

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1458
    306-2140-02




  1  accomplished upon compliance with the provisions of this part

  2  without regard to or necessity for compliance with the

  3  provisions, limitations, or restrictions contained in any

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

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

  6  under this part by the qualified electors or qualified

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

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

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

10  of such bonds pursuant to this part.

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

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

13  of Administration, said Department of Transportation, or the

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

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

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

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

18         Section 7.  This act shall take effect July 1, 2002.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1458

22

23  This CS amends several sections of Chapter 348, F.S., to
    update or clarify provisions related to the Orlando-Orange
24  County Expressway Authority (OOCEA), but the primary changes
    allow the OOCEA to issue its own revenue bonds. These bonds
25  would be repaid through toll revenues, and  would not pledge
    the full faith and credit of the State of Florida. The CS
26  provides the OOCEA may not construct any new roads or expand
    any roads into the Wekiva River Protection Area without prior
27  Legislative approval.

28

29

30

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.