Senate Bill sb1458c2

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    Florida Senate - 2002                    CS for CS for SB 1458

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Transportation; and Senator Constantine




    316-2336-02

  1                      A bill to be entitled

  2         An act relating to expressway authorities;

  3         amending s. 348.754, F.S.; providing that

  4         certain activities of an expressway authority

  5         may be approved by the governing body of the

  6         affected county at the conclusion of a public

  7         hearing on the matter; restricting certain

  8         activities affecting the Wekiva River or Green

  9         Swamp Area by the Orlando-Orange County

10         Expressway Authority; amending s. 348.7543,

11         F.S.; specifying the revenue bonds that may be

12         used to finance certain improvements to the

13         Orlando-Orange County Expressway Authority;

14         amending s. 348.7544, F.S.; authorizing the

15         authority to refinance the Northwest Beltway

16         Part A; prohibiting the authority from

17         financing or constructing new facilities to the

18         Northwest Beltway Part A without prior

19         legislative approval unless on behalf of the

20         Department of Transportation; amending s.

21         348.7545, F.S.; authorizing the authority to

22         refinance the Western Beltway Part C; amending

23         s. 348.755, F.S.; prescribing additional

24         authority to issue bonds by or on behalf of the

25         authority; prescribing a condition on issuance

26         of bonds by the authority; amending s. 348.765,

27         F.S.; restating the authority's exemption from

28         certain provisions relating to issuance of

29         bonds by state agencies; providing an effective

30         date.

31  

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    Florida Senate - 2002                    CS for CS for SB 1458
    316-2336-02




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

  2  

  3         Section 1.  Paragraph (n) of subsection (2) and

  4  subsection (4) of section 348.754, Florida Statutes, are

  5  amended, and subsection (6) is added to that section, to read:

  6         348.754  Purposes and powers.--

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

  8  and may exercise all powers necessary, appurtenant, convenient

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

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

11  and powers:

12         (n)  With the consent of the county within whose

13  jurisdiction the following activities occur, the authority

14  shall have the right to construct, operate, and maintain

15  roads, bridges, avenues of access, thoroughfares, and

16  boulevards outside the jurisdictional boundaries of Orange

17  County, together with the right to construct, repair, replace,

18  operate, install, and maintain electronic toll payment systems

19  thereon, with all necessary and incidental powers to

20  accomplish the foregoing. County consent shall constitute

21  approval by the governing body of the affected county at the

22  conclusion of a public hearing to consider this action.

23         (4)  Anything in this part to the contrary

24  notwithstanding, acquisition of right-of-way for a project of

25  the authority which is within the boundaries of any

26  municipality in Orange County shall not be begun unless and

27  until the route of said project within said municipality has

28  been given prior approval by the governing body of said

29  municipality at the conclusion of a public hearing to consider

30  this action.

31  

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1         (6)  After July 1, 2002, the authority may not approve

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

  3  additions, extensions, or appurtenant facilities without prior

  4  legislative authorization if the new additions, extensions, or

  5  appurtenant facilities are proposed to be located within the

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

  7  within the Green Swamp Area of Critical Concern designated in

  8  s. 380.0551.

  9         Section 2.  Section 748.7543, Florida Statutes, is

10  amended to read:

11         348.7543  Improvements, bond financing authority

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

13  Constitution, the Legislature hereby approves for bond

14  financing by the Orlando-Orange County Expressway Authority

15  improvements to toll collection facilities, interchanges to

16  the legislatively approved expressway system, and any other

17  facility appurtenant, necessary, or incidental to the approved

18  system. Subject to terms and conditions of applicable revenue

19  bond resolutions and covenants, such costs financing may be

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

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

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

23         Section 3.  Section 348.7544, Florida Statutes, is

24  amended to read:

25         348.7544  Northwest Beltway Part A, construction

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

27  Orlando-Orange County Expressway Authority is hereby

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

29  that portion of the Western Beltway known as the Northwest

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

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

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1  20-year capital projects plan. This project may be financed

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

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

  4  State Board of Administration on behalf of the authority

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

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

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

  8  348.755(1)(d). The Orlando-Orange County Expressway Authority

  9  may not design, finance, acquire, or construct any new

10  extension, addition, or appurtenant facilities to the

11  Northwest Beltway, Part A, extending northeasterly of its

12  current terminus at U.S. 441 near Apopka without prior

13  legislative approval. However, the authority may perform

14  design, acquisition, or construction functions on behalf of

15  the Department of Transportation pursuant to s. 348.754(2)(i).

16         Section 4.  Section 348.7545, Florida Statutes, is

17  amended to read:

18         348.7545  Western Beltway Part C, construction

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

20  Orlando-Orange County Expressway Authority is authorized to

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

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

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

24  near Ocoee in Orange County southerly through Orange and

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

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

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

28  funds available to the authority for such purpose or revenue

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

30  Board of Administration on behalf of the authority pursuant to

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

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1  Act, ss. 215.57-215.83. This project may be refinanced with

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

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

  4  Statutes, is amended to read:

  5         348.755  Bonds of the authority.--

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

  7  pursuant to the State Bond Act.

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

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

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

11  necessary to provide sufficient moneys for achieving its

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

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

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

15  authority issued pursuant to the provisions of this part,

16  whether on original issuance or on refunding, shall be

17  authorized by resolution of the members thereof and may be

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

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

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

21  payable semiannually, be in such denominations, be in such

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

23  registration, exchangeability and interchangeability

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

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

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

27  rentals or other charges or receipts of the authority

28  including the Orange County gasoline tax funds received by the

29  authority pursuant to the terms of any lease-purchase

30  agreement between the authority and the department, as such

31  resolution or any resolution subsequent thereto may provide.

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1  The bonds shall be executed either by manual or facsimile

  2  signature by such officers as the authority shall determine,

  3  provided that such bonds shall bear at least one signature

  4  which is manually executed thereon, and the coupons attached

  5  to such bonds shall bear the facsimile signature or signatures

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

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

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

  9  prescribed in such resolution or resolutions.

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

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

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

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

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

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

16  such the bonds with the underwriter or underwriters designated

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

18  Board of Administration with respect to bonds issued pursuant

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

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

21  determination to negotiate the sale of such bonds may be

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

23  financial advisor. Pending the preparation of definitive

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

25  purchasers of such bonds and may contain such terms and

26  conditions as the authority may determine.

27         (d)  The authority may issue bonds pursuant to

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

29  of whether the bonds being refunded were issued by the

30  authority pursuant to this chapter or on behalf of the

31  authority pursuant to the State Bond Act.

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1         Section 6.  Section 348.765, Florida Statutes, is

  2  amended to read:

  3         348.765  This part complete and additional authority.--

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

  5  addition and supplemental to the existing powers of said board

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

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

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

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

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

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

12  County Expressway System, and the issuance of bonds hereunder

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

14  accomplished upon compliance with the provisions of this part

15  without regard to or necessity for compliance with the

16  provisions, limitations, or restrictions contained in any

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

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

19  under this part by the qualified electors or qualified

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

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

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

23  of such bonds pursuant to this part.

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

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

26  of Administration, said Department of Transportation, or the

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

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

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

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

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

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    Florida Senate - 2002                    CS for CS for SB 1458
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 1458

  3                                 

  4  Provides the Orlando-Orange County Expressway Authority
    (OOCEA) may not construct any new roads or expand any roads
  5  into the Wekiva River Protection Area or Green Swamp Area of
    Critical State Concern without prior legislative approval.
  6  
    Qualifies that approvals required by s. 348.754, F.S., by
  7  certain local governments of OOCEA projects, must occur at the
    conclusion of a public hearing to consider the action.
  8  
    Prohibits the OOCEA from designing, financing, acquiring, or
  9  constructing new extensions, additions or appurtenant
    facilities to the Northwest Beltway, Part A, extending the
10  northeasterly of its current terminus at U.S. 441 near Apopka,
    without prior legislative approval.
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