HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Transportation offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 348.0012, Florida Statutes, is
18 amended to read:
19 348.0012 Exemptions from applicability.--The Florida
20 Expressway Authority Act does not apply:
21 (1) To In a county in which an expressway authority
22 which has been created pursuant to parts II-IX of this
23 chapter; or
24 (2) To a transportation authority created pursuant to
25 chapter 349.
26 Section 2. Paragraph (b) of subsection (1) is amended
27 and a new paragraph (o) is added to subsection (2), of section
28 348.754, Florida Statutes, to read:
29 348.754 Purposes and powers.--
30 (1)
31 (b) It is the express intention of this part that said
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 authority, in the construction of said Orlando-Orange County
2 Expressway System, shall be authorized to acquire, finance,
3 construct, and equip any extensions, additions, or
4 improvements to said system or appurtenant facilities,
5 including all necessary approaches, roads, bridges, and
6 avenues of access as the authority shall deem desirable and
7 proper, together, with such changes, modifications, or
8 revisions to of said system or appurtenant facilities project
9 as the authority shall deem be deemed desirable and proper.
10 (2)
11 (o) To enter into agreements facilitating, and
12 implementing the use of electronic toll enforcement and
13 collection activities, and of intelligent transportation
14 systems.
15 Section 3. Section 348.7573, Florida Statutes, is
16 amended to read:
17 348.7543 Improvements, bond financing authority for.--
18 Pursuant to s. 11(f), Art. VII of the State
19 Constitution, the Legislature hereby approves for bond
20 financing by the Orlando-Orange County Expressway Authority
21 the cost of acquiring, constructing, equipping, improving, or
22 refurbishing any current or future extensions, additions, and
23 improvements to an expressway system, including improvements
24 to toll collection facilities and, interchanges to the
25 legislatively approved expressway system, and any other
26 facility appurtenant, necessary, or incidental to the approved
27 system, including all necessary approaches, roads, bridges,
28 and avenues of access, all as shall be deemed desirable and
29 proper by the authority pursuant to s. 348.754(1)(b). Subject
30 to terms and conditions of applicable revenue bond resolutions
31 and covenants, such costs financing may be financed in whole
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 or in part by revenue bonds issued pursuant to s.
2 348.755(1)(a) or (b) whether currently issued, issued in the
3 future, or by a combination of such bonds.
4 Section 4. Section 348.7544, Florida Statutes, is
5 amended to read:
6 348.7544 Northwest Beltway Part A, construction
7 authorized; financing.--Notwithstanding s. 338.2275, the
8 Orlando-Orange County Expressway Authority is hereby
9 authorized to construct, finance, operate, own, and maintain
10 that portion of the Western Beltway known as the Northwest
11 Beltway Part A, extending from Florida's Turnpike near Ocoee
12 north to U.S. 441 near Apopka, as part of the authority's
13 20-year capital projects plan. This project may be financed
14 with any funds available to the authority for such purpose or
15 revenue bonds issued by the Division of Bond Finance of the
16 State Board of Administration on behalf of the authority
17 pursuant to s. 11, Art. VII of the State Constitution and the
18 State Bond Act, ss. 215.57-215.83. This project may be
19 refinanced with bonds issued by the authority pursuant to s.
20 348.755(1)(d).
21 Section 5. Section 348.7545, Florida Statutes, is
22 amended to read:
23 348.7545 Western Beltway Part C, construction
24 authorized; financing.--Notwithstanding s. 338.2275, the
25 Orlando-Orange County Expressway Authority is authorized to
26 exercise its condemnation powers, construct, finance, operate,
27 own, and maintain that portion of the Western Beltway known as
28 the Western Beltway Part C, extending from Florida's Turnpike
29 near Ocoee in Orange County southerly through Orange and
30 Osceola Counties to an interchange with I-4 near the
31 Osceola-Polk County line, as part of the authority's 20-year
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 capital projects plan. This project may be financed with any
2 funds available to the authority for such purpose or revenue
3 bonds issued by the Division of Bond Finance of the State
4 Board of Administration on behalf of the authority pursuant to
5 s. 11, Art. VII of the State Constitution and the State Bond
6 Act, ss. 215.57-215.83. This project may be financed or
7 refinanced with bonds issued by the authority pursuant to s.
8 348.755(1)(d).
9 Section 6. Subsection (1) of section 348.755, Florida
10 Statutes, is amended to read:
11 348.755 Bonds of the authority.--
12 (1)(a) Bonds may be issued on behalf of the authority
13 pursuant to the State Bond Act.
14 (b) Alternatively, the authority may issue its own
15 bonds pursuant to the provisions of this part at such times
16 and in such principal amount as, in the opinion of the
17 authority, is necessary to provide sufficient moneys for
18 achieving its purposes; however, such bonds shall not pledge
19 the full faith and credit of the state. Bonds issued by the
20 authority pursuant to paragraphs (a) or (b) The bonds of the
21 authority issued pursuant to the provisions of this part,
22 whether on original issuance or on refunding, shall be
23 authorized by resolution of the members thereof and may be
24 either term or serial bonds, shall bear such date or dates,
25 mature at such time or times, not exceeding 40 years from
26 their respective dates, bear interest at such rate or rates,
27 payable semiannually, be in such denominations, be in such
28 form, either coupon or fully registered, shall carry such
29 registration, exchangeability and interchangeability
30 privileges, be payable in such medium of payment and at such
31 place or places, be subject to such terms of redemption and be
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 entitled to such priorities on the revenues, rates, fees,
2 rentals or other charges or receipts of the authority
3 including the Orange County gasoline tax funds received by the
4 authority pursuant to the terms of any lease-purchase
5 agreement between the authority and the department, as such
6 resolution or any resolution subsequent thereto may provide.
7 The bonds shall be executed either by manual or facsimile
8 signature by such officers as the authority shall determine,
9 provided that such bonds shall bear at least one signature
10 which is manually executed thereon, and the coupons attached
11 to such bonds shall bear the facsimile signature or signatures
12 of such officer or officers as shall be designated by the
13 authority and shall have the seal of the authority affixed,
14 imprinted, reproduced or lithographed thereon, all as may be
15 prescribed in such resolution or resolutions.
16 (c)(b) Said Bonds issued pursuant to s. 348.755(1)(a)
17 and (b) shall be sold at public sale in the same manner
18 provided by the State Bond Act. However, if the authority
19 shall, by official action at a public meeting, determine that
20 a negotiated sale of such the bonds is in the best interest of
21 the authority, the authority may negotiate the for sale of
22 such the bonds with the underwriter or underwriters designated
23 by the authority and Division of Bond Finance of the State
24 Board of Administration ,with respect to bonds issued pursuant
25 to s.348.755(1)(a) or solely by the authority with respect to
26 bonds issued pursuant to s. 348.755(1)(b). The authority's
27 determination to negotiate the sale of such bonds may be
28 based, in part, upon the written advice of the authority's
29 financial advisor. Pending the preparation of definitive
30 bonds, interim certificates may be issued to the purchaser or
31 purchasers of such bonds and may contain such terms and
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 conditions as the authority may determine.
2 (d) The authority may issue bonds pursuant to s.
3 348.755(1)(b) to refund any bonds previously issued regardless
4 of whether the bonds being refunded were issued by the
5 authority pursuant to this chapter or on behalf of the
6 authority pursuant to the State Bond Act.
7 Section 7. Section 348.765, Florida Statutes is
8 amended to read:
9 348.765 This part complete and additional authority.--
10 (1) The powers conferred by this part shall be in
11 addition and supplemental to the existing powers of said board
12 and the department, and this part shall not be construed as
13 repealing any of the provisions, of any other law, general,
14 special or local, but to supersede such other laws in the
15 exercise of the powers provided in this part, and to provide a
16 complete method for the exercise of the powers granted in this
17 part. The extension and improvement of said Orlando-Orange
18 County Expressway System, and the issuance of bonds hereunder
19 to finance all or part of the cost thereof, may be
20 accomplished upon compliance with the provisions of this part
21 without regard to or necessity for compliance with the
22 provisions, limitations, or restrictions contained in any
23 other general, special or local law, including but not limited
24 to s. 215.821, and no approval of any bonds issued under this
25 part by the qualified electors or qualified electors who are
26 freeholders in the state or in said County of Orange, or in
27 said City of Orlando, or in any other political subdivision of
28 the state, shall be required for the issuance of such bonds
29 pursuant to this part.
30 (2) This part shall not be deemed to repeal, rescind,
31 or modify any other law or laws relating to said State Board
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
1 of Administration, said Department of Transportation, or the
2 Division of Bond Finance of the State Board of Administration,
3 but shall be deemed to and shall supersede such other law or
4 laws as are inconsistent with the provisions of this
5 part,including but not limited to s.215.821.
6 Section 8. This act shall take effect upon becoming a
7 law
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, lines 1 through 17,
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14 insert in lieu thereof:
15 An act relating to expressway authorities;
16 amending s. 348.0012, F.S.; providing that the
17 Florida Expressway Authority Act does not apply
18 to an expressway authority which has been
19 created pursuant to parts II-IX of ch. 348,
20 F.S.; amending s. 348.754, F.S.; revising
21 language with respect to purposes and powers;
22 amending s. 348.7543, F.S.; revising language
23 with respect to bond financing; amending ss.
24 348.7544 and 348.7545, F.S.; authorizing the
25 refinancing of the Northwest Beltway Part A and
26 the Western Beltway Part C with certain bonds;
27 amending s. 348.755, F.S.; revising language
28 with respect to bonds of the Orlando-Orange
29 County Expressway Authority; amending s.
30 348.765, F.S.; specifying bonding powers may
31 supersede state bond act requirements;
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HOUSE AMENDMENT
Bill No. HB 35
Amendment No. 002a (for drafter's use only)
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