Senate Bill sb2938e1

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  1                      A bill to be entitled

  2         An act relating to Southwest Florida

  3         transportation; creating pt. X of ch. 348,

  4         F.S., consisting of ss. 348.993, 348.9931,

  5         348.9932, 348.9933, 348.9934, 348.9935,

  6         348.9936, 348.9938, 348.9939, 348.994,

  7         348.9941, 348.9942, 348.9943, 348.9944,

  8         348.9945, and 348.9946, F.S., titled "Southwest

  9         Florida Expressway Authority"; providing a

10         popular name; providing definitions; creating

11         the Southwest Florida Expressway Authority

12         encompassing Collier and Lee Counties;

13         providing for a governing body of the

14         authority; providing for membership;

15         establishing a process for Charlotte County to

16         participate in the authority; providing

17         purposes and powers; providing for the

18         Southwest Florida Transportation System;

19         requiring the approval of specified county

20         commissions before approval of a project within

21         the geographical boundaries of those counties;

22         prohibiting authority involvement with a

23         certain road development; providing for

24         procurement; providing bond financing authority

25         for improvements; providing for bonds of the

26         authority; providing for fiscal agents;

27         providing the State Board of Administration may

28         act as fiscal agent; providing for certain

29         financial agreements; providing for

30         lease-purchase agreement with the Department of

31         Transportation; providing the department may be


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 1         appointed agent of authority for construction;

 2         providing for acquisition of lands and

 3         property; providing for cooperation with other

 4         units, boards, agencies, and individuals;

 5         providing covenant of the state; providing for

 6         exemption from taxation; providing for

 7         eligibility for investments and security;

 8         providing pledges shall be enforceable by

 9         bondholders; providing for construction and

10         application; providing for future expiration of

11         the act; providing a contingent effective date.

12  

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

14  

15         Section 1.  Part X of chapter 348, Florida Statutes,

16  consisting of sections 348.993, 348.9931, 348.9932, 348.9933,

17  348.9934, 348.9935, 348.9936, 348.9937, 348.9938, 348.9939,

18  348.994, 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, and

19  348.9946, is created to read:

20                              Part X

21              Southwest Florida Expressway Authority

22         348.993  Popular name.--This part may be referred to by

23  the popular name the "Southwest Florida Expressway Authority

24  Law."

25         348.9931  Definitions.--The following terms, whenever

26  used or referred to in this part, shall have the following

27  meanings, except in those instances where the context clearly

28  indicates otherwise:

29         (1)  "Agency of the state" means and includes the state

30  and any department of, or corporation, agency, or

31  


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 1  instrumentality heretofore or hereafter created, designated,

 2  or established by, the state.

 3         (2)  "Authority" means the body politic and corporate,

 4  and agency of the state, created by this part.

 5         (3)  "Bonds" means and includes the notes, bonds,

 6  refunding bonds, or other evidences of indebtedness or

 7  obligations, in either temporary or definitive form, which the

 8  authority is authorized to issue pursuant to this part.

 9         (4)  "County" means the Counties of Collier and Lee.

10         (5)  "DBOM contract" means the document and all

11  concomitant rights approved by the authority providing the

12  selected person or entity the exclusive right to design,

13  build, operate, and maintain the Southwest Florida

14  Transportation System.

15         (6)  "DBOMF contract" means the document and all

16  concomitant rights approved by the authority providing the

17  selected person or entity the exclusive right to design,

18  build, operate, maintain, and finance all or a portion of the

19  Southwest Florida Transportation System.

20         (7)  "Department" means the Department of

21  Transportation existing under chapters 334-339.

22         (8)  "Expressway" is the same as limited access

23  expressway.

24         (9)  "Federal agency" means and includes the United

25  States, the President of the United States, or any department

26  of, or corporation, agency, or instrumentality heretofore or

27  hereafter created, designated, or established by, the United

28  States.

29         (10)  "Lease-purchase agreement" means the

30  lease-purchase agreements which the authority is authorized

31  


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 1  pursuant to this part to enter into with the Department of

 2  Transportation.

 3         (11)  "Limited access expressway" means a street or

 4  highway especially designed for through traffic and over,

 5  from, or to which no person shall have the right of easement,

 6  use, or access except in accordance with the rules and

 7  regulations promulgated and established by the authority for

 8  the use of such facility. Such highways or streets may be

 9  parkways, from which trucks, buses, and other commercial

10  vehicles shall be excluded, or they may be freeways open to

11  use by all customary forms of street and highway traffic.

12         (12)  "Members" means the governing body of the

13  authority, and the term "member" means one of the individuals

14  constituting such governing body.

15         (13)  "Proposed project" means a facility which, if

16  constructed, will become part of the Southwest Florida

17  Transportation System, and it shall identify the general

18  corridor and alignment of the facility and its limits.

19  Further, it shall mean a project or projects which are in the

20  long-range transportation plan of Lee County or Collier

21  County, or both plans if the proposed project is to be located

22  in both counties.

23         (14)  "Southwest Florida Transportation System" means

24  all new expressways and additional lanes on Interstate Highway

25  75 in Lee and Collier Counties which are tolled as express

26  lanes and appurtenant facilities, including, but not limited

27  to, all approaches, roads, bridges, and avenues of access for

28  said expressway or expressways, whether tolled or nontolled,

29  or such other facility as the authority determines or

30  designates.

31  


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 1         (15)  "State Board of Administration" means the body

 2  corporate existing under the provisions of s. 9, Art. XII of

 3  the State Constitution, or any successor thereto.

 4         (16)  "System" means the Southwest Florida

 5  Transportation System.

 6  

 7  Words importing singular number include the plural number in

 8  each case and vice versa, and words importing persons include

 9  firms and corporations.

10         348.9932  Southwest Florida Expressway Authority.--

11         (1)  There is hereby created and established a body

12  politic and corporate, an agency of the state, encompassing

13  Collier and Lee Counties, to be known as the Southwest Florida

14  Expressway Authority, hereinafter referred to as the

15  "authority."

16         (2)  The governing body of the authority shall consist

17  of seven voting members and one nonvoting member, as set forth

18  in this subsection.

19         (a)1.a.  One member who is a permanent resident of

20  Collier County and one member who is a permanent resident of

21  Lee County shall be appointed by the Governor to serve a term

22  of 4 years each. The Governor shall select his appointees from

23  a list submitted by the board of county commissioners of each

24  county, with each list recommending five candidates from their

25  respective county.

26         b.  One member who is a permanent resident of Collier

27  County shall be appointed by the Board of County Commissioners

28  of Collier County and one member who is a permanent resident

29  of Lee County shall be appointed by the Board of County

30  Commissioners of Lee County, to serve a term of 4 years each.

31  


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 1         2.  Each member appointed under this paragraph shall be

 2  a person of outstanding reputation for integrity,

 3  responsibility, and business ability and shall have an

 4  interest in ground transportation. No elected official and no

 5  person who is an employee, in any capacity, of Collier County

 6  or Lee County or of any city within Collier County or Lee

 7  County shall be an appointed member of the authority except as

 8  set forth in this section.

 9         3.  Each appointed member shall be a resident of his or

10  her respective county during his or her entire term.

11         4.  Each appointed member shall be a voting member and

12  shall hold office until his or her successor has been

13  appointed and has qualified. A vacancy occurring during a term

14  shall be filled only for the remainder of the unexpired term.

15         (b)  One member from Collier County and one member from

16  Lee County shall be selected by the members of the respective

17  county commission from among its members to serve as a voting

18  member for a term of 2 years each. Each commissioner must be a

19  member of the county commission when selected and for the full

20  extent of the term of this selection.

21         (c)  The executive director of the Southwest Florida

22  Regional Planning Council shall serve as the seventh voting

23  member.

24         (d)  The district secretary of the Department of

25  Transportation serving in the district that contains Collier

26  County and Lee County shall serve as a nonvoting member.

27         (e)  Any member of the authority shall be eligible for

28  reappointment.

29         (3)(a)  The authority shall elect one of its members as

30  chair of the authority. The authority shall also elect a

31  secretary and a treasurer who may or may not be members of the


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 1  authority. The chair, secretary, and treasurer shall hold such

 2  offices at the will of the authority. Four members of the

 3  authority shall constitute a quorum, and a vote of the

 4  majority of those present shall be necessary for any action

 5  taken by the authority. No vacancy in the authority shall

 6  impair the right of a quorum of the authority to exercise all

 7  of the rights and perform all of the duties of the authority.

 8         (b)  Upon the effective date of his or her appointment,

 9  or as soon thereafter as practicable, each appointed member of

10  the authority shall enter upon his or her duties.

11         (4)  If an expansion of the project into Charlotte

12  County is warranted and desirable as indicated by the adoption

13  of resolutions in support of the expansion by the authority

14  and by each Board of County Commissioners of Charlotte,

15  Collier, and Lee Counties, the membership of the authority

16  shall be expanded as set forth in this subsection. The

17  authority shall have nine voting members and two nonvoting

18  members. The executive director of the Southwest Florida

19  Regional Planning Council will shift from a voting member to a

20  nonvoting member. Three members from Charlotte County shall be

21  added to the authority and each shall be a voting member. The

22  Charlotte County members shall be selected in the same manner

23  as provided for the appointment of the members from Collier

24  and Lee Counties.

25         (5)(a)  The authority may employ an executive director,

26  its own counsel and legal staff, technical experts, engineers,

27  and such employees, permanent or temporary, as it may require;

28  may determine the qualifications and fix the compensation of

29  such persons, firms, or corporations; and may employ a fiscal

30  agent or agents. The authority may delegate to one or more of

31  its agents or employees such of its power as it shall deem


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 1  necessary to carry out the purposes of this part, subject

 2  always to the supervision and control of the authority.

 3  Members of the authority may be removed from office by the

 4  Governor for misconduct, malfeasance, misfeasance, or

 5  nonfeasance in office.

 6         (b)  Members of the authority shall be entitled to

 7  receive from the authority their travel and other necessary

 8  expenses incurred in connection with the business of the

 9  authority as provided in s. 112.061, but they shall draw no

10  salaries or other compensation.

11         348.9933  Purposes and powers.--

12         (1)(a)  The authority created and established by the

13  provisions of this part is hereby granted and shall have the

14  right to acquire, hold, construct, improve, maintain, operate,

15  own, and lease, in the capacity of lessor, the Southwest

16  Florida Transportation System, hereinafter referred to as the

17  "system," unless precluded by state or federal law. This part

18  does not preclude the department from acquiring, holding,

19  constructing, improving, maintaining, operating, or owning the

20  tolled lanes on Interstate 75 or nontolled facilities that may

21  be part of the Southwest Florida Transportation System and

22  that are part of the State Highway System.

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

24  authority, in the construction of said Southwest Florida

25  Transportation System, within the geographic boundaries of

26  Collier and Lee Counties, is limited to the pursuit of

27  additional lanes on Interstate Highway 75 within these

28  counties which are tolled as express lanes. Further, the

29  authority shall be authorized to construct any extensions,

30  additions, or improvements to said system or appurtenant

31  facilities, including all necessary approaches, roads,


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 1  bridges, and avenues of access, with such changes,

 2  modifications, or revisions of said project as shall be deemed

 3  desirable and proper with the concurrence of the respective

 4  county commissions, and the department if the project is to be

 5  part of the State Highway System. The responsibilities of the

 6  authority will not be expanded to cover any other projects

 7  beyond Interstate 75 toll lanes and appurtenant facilities

 8  unless resolutions in support of such expansion or other

 9  project are adopted by the Boards of County Commissioners of

10  Lee and Collier Counties and, if applicable, by the governing

11  body having jurisdiction of a road system if the project is to

12  become a part of that system.

13         (2)  The authority is hereby granted and shall have and

14  may exercise all powers necessary, appurtenant, convenient, or

15  incidental to the carrying out of the aforesaid purposes,

16  including, but not limited to, the following rights and

17  powers:

18         (a)  To sue and be sued, implead and be impleaded,

19  complain, and defend in all courts.

20         (b)  To adopt, use, and alter at will a corporate seal.

21         (c)  To acquire by donation or otherwise, purchase,

22  hold, lease as lessee, and use any franchise or property,

23  real, personal, or mixed, tangible or intangible, or any

24  options thereof in its own name or in conjunction with others,

25  or interest therein, necessary or desirable for carrying out

26  the purposes of the authority, and to sell, lease as lessor,

27  transfer, and dispose of any property or interest therein at

28  any time acquired by it.

29         (d)  To enter into and make leases for terms it deems

30  necessary, as either lessee or lessor, in order to carry out

31  the right to lease as set forth in this part.


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 1         (e)  To enter into and make lease-purchase agreements

 2  with the department for terms it deems necessary or until any

 3  bonds secured by a pledge of rentals thereunder, and any

 4  refundings thereof, are fully paid as to both principal and

 5  interest, whichever is longer.

 6         (f)  To fix, alter, charge, establish, and collect

 7  rates, fees, rentals, and other charges for the services and

 8  facilities of the Southwest Florida Transportation System,

 9  which rates, fees, rentals, and other charges shall always be

10  sufficient to comply with any covenants made with the holders

11  of any bonds issued pursuant to this part; provided, however,

12  that such right and power may be assigned or delegated, by the

13  authority, to the department.

14         (g)  To borrow money and make and issue negotiable

15  notes, bonds, refunding bonds, and other evidences of

16  indebtedness or obligations, either in temporary or definitive

17  form, hereinafter in this part sometimes called "bonds" of the

18  authority, for the purpose of financing all or part of the

19  improvement or extension of the Southwest Florida

20  Transportation System and appurtenant facilities, including

21  all approaches, streets, roads, bridges, and avenues of access

22  for said Southwest Florida Transportation System, and for any

23  other purpose authorized by this part; to secure the payment

24  of such bonds or any part thereof by a pledge of any or all of

25  its revenues, rates, fees, rentals, or other charges; and in

26  general to provide for the security of said bonds and the

27  rights and remedies of the holders thereof. The authority may

28  enter into an agreement between the authority and one or more

29  counties for the pledge of county gasoline tax funds, county

30  sales tax, or other county revenues to secure any bonds issued

31  for an authority project as authorized hereunder. In the event


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 1  the authority shall determine to fund or refund any bonds

 2  theretofore issued by said authority, prior to the maturity

 3  thereof, the proceeds of such funding or refunding bonds

 4  shall, pending the prior redemption of the bonds to be funded

 5  or refunded, be invested in direct obligations of the United

 6  States, and it is the express intention of this part that such

 7  outstanding bonds may be funded or refunded by the issuance of

 8  bonds pursuant to this part.

 9         (h)  To make contracts of every name and nature,

10  including, but not limited to, partnerships providing for

11  participation in ownership and revenues, and to execute all

12  instruments necessary or convenient for the carrying on of its

13  business.

14         (i)  Without limitation of the foregoing, to borrow

15  money and accept grants from, and to enter into contracts,

16  leases, or other transactions with, any federal agency, the

17  state, any agency of the state, Collier County, Lee County,

18  and any city within these two counties or with any other

19  public body of the state.

20         (j)  To have the power of eminent domain, including the

21  procedural powers granted under chapters 73 and 74.

22         (k)  To pledge, hypothecate, or otherwise encumber all

23  or any part of the revenues, rates, fees, rentals, or other

24  charges or receipts of the authority as security for all or

25  any of the obligations of the authority.

26         (l)  To do all acts and things necessary or convenient

27  for the conduct of its business and the general welfare of the

28  authority in order to carry out the powers granted to it by

29  this part or any other law.

30         (m)  With the consent of the county within whose

31  jurisdiction the following activities occur, to construct,


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 1  operate, and maintain roads, bridges, avenues of access,

 2  thoroughfares, and boulevards outside the jurisdictional

 3  boundaries of Collier and Lee Counties, together with the

 4  right to construct, repair, replace, operate, install, and

 5  maintain toll payment systems thereon, with all necessary and

 6  incidental powers to accomplish the foregoing.

 7         (3)  The authority shall have no power at any time or

 8  in any manner to pledge the credit or taxing power of the

 9  state or any political subdivision or agency thereof,

10  including Collier and Lee Counties or any city within these

11  counties, nor shall any of the authority's obligations be

12  deemed to be obligations of the state or of any political

13  subdivision or agency thereof, nor shall the state or any

14  political subdivision or agency thereof, except the authority,

15  be liable for the payment of the principal of or interest on

16  such obligations unless agreed to by such entity.

17         (4)  Notwithstanding the powers conferred herein,

18  before the authority proceeds with a proposed project either

19  the Lee County Commission or the Collier County Commission

20  must approve any proposed project for the system that may be

21  located within the geographical boundaries of that

22  commission's jurisdiction. A quorum must be present for a vote

23  of approval to take place. Such approval, by a majority vote

24  of those members present, must be obtained before the

25  authority can proceed with the preliminary design and

26  environmental study.

27         (5)  The authority is precluded from involvement with

28  any future development of County Road 951.

29         348.9934  Procurement.--The authority is authorized to

30  procure commodities and the services of a qualified person or

31  entity to design, build, finance, operate, maintain, and


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 1  implement the Southwest Florida Transportation System,

 2  including the use of a DBOM or DBOMF method using a request

 3  for proposal, a request for qualifications, or an invitation

 4  to negotiate.

 5         348.9935  Bond financing authority for

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

 7  Constitution, the Legislature hereby approves for bond

 8  financing by the Southwest Florida Expressway Authority

 9  improvements to toll collection facilities, interchanges to

10  the legislatively approved regional transportation system, and

11  any other facility appurtenant, necessary, or incidental to

12  the approved system. Subject to terms and conditions of

13  applicable revenue bond resolutions and covenants, such costs

14  may be financed in whole or in part by revenue bonds issued

15  pursuant to s. 348.9936(1)(a) or (b) whether currently issued

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

17         348.9936  Bonds of the authority.--

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

19  pursuant to the State Bond Act.

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

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

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

23  necessary to provide sufficient moneys for achieving its

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

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

26  pursuant to this paragraph or paragraph (a), whether on

27  original issuance or on refunding, shall be authorized by

28  resolution of the members thereof and may be either term or

29  serial bonds and shall bear such date or dates, mature at such

30  time or times, bear interest at such rate or rates, payable

31  semiannually, be in such denominations, be in such form,


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 1  either coupon or fully registered, carry such registration,

 2  exchangeability, and interchangeability privileges, be payable

 3  in such medium of payment and at such place or places, be

 4  subject to such terms of redemption, and be entitled to such

 5  priorities on the revenues, rates, fees, rentals, or other

 6  charges or receipts of the authority, including any other

 7  funds received by the authority pursuant to the terms of any

 8  lease-purchase agreement between the authority and the

 9  department, as such resolution or any resolution subsequent

10  thereto may provide. The bonds shall be executed either by

11  manual or facsimile signature by such officers as the

12  authority shall determine, provided that such bonds shall bear

13  at least one signature which is manually executed thereon, and

14  the coupons attached to such bonds shall bear the facsimile

15  signature or signatures of such officer or officers as shall

16  be designated by the authority and shall have the seal of the

17  authority affixed, imprinted, reproduced, or lithographed

18  thereon, all as may be prescribed in such resolution or

19  resolutions.

20         (c)  Bonds issued pursuant to paragraph (a) or

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

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

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

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

25  authority, the authority may negotiate the sale of such bonds

26  with the underwriter or underwriters designated by the

27  authority and the Division of Bond Finance of the State Board

28  of Administration with respect to bonds issued pursuant to

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

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

31  determination to negotiate the sale of such bonds may be


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

 2  financial adviser. Pending the preparation of definitive

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

 4  purchasers of such bonds and may contain such terms and

 5  conditions as the authority may determine.

 6         (d)  The authority may issue bonds pursuant to

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

 8  of whether the bonds being refunded were issued by the

 9  authority pursuant to this part or on behalf of the authority

10  pursuant to the State Bond Act.

11         (2)  Any such resolution or resolutions authorizing any

12  bonds hereunder may contain provisions which shall be part of

13  the contract with the holders of such bonds, as to:

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

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

16  authority, derived by the authority, from the Southwest

17  Florida Transportation System.

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

19  maintenance, repair, lease, or lease-purchase agreement of

20  said system and the duties of the authority and others,

21  including the department, with reference thereto.

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

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

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

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

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

27  services and facilities of the Southwest Florida

28  Transportation System or any part thereof.

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

30  repair and replacement funds and the regulation and

31  disposition thereof.


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    CS for SB 2938                                 First Engrossed



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

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

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

 4  under which the same may be issued.

 5         (h)  Any other or additional agreements with the

 6  holders of the bonds which the authority may deem desirable

 7  and proper.

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

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

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

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

12  pursuant to this part, and the State Board of Administration

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

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

15  debt services or funds or assets now or hereafter available

16  for any bonds issued pursuant to this part. The authority may

17  enter into any deeds of trust, indentures, or other agreements

18  with its fiscal agent, or with any bank or trust company

19  within or without the state, as security for such bonds and

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

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

22  of the authority. Such deed of trust, indenture, or other

23  agreement may contain such provisions as are customary in such

24  instruments or, as the authority may authorize, including, but

25  without limitation, provisions as to:

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

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

28  relating to, the Southwest Florida Transportation System and

29  the duties of the authority and others, including the

30  department, with reference thereto.

31  


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    CS for SB 2938                                 First Engrossed



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

 2  funds on hand or on deposit.

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

 4  holders of the bonds.

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

 6  resolutions authorizing the issuance of same.

 7         (4)  Any of the bonds issued pursuant to this part are,

 8  and are hereby declared to be, negotiable instruments and

 9  shall have all the qualities and incidents of negotiable

10  instruments under the law merchant and the negotiable

11  instruments law of the state.

12         (5)  Notwithstanding any of the provisions of this

13  part, each project, building, or facility which has been

14  financed by the issuance of bonds or other evidence of

15  indebtedness under this part and any refinancing thereof is

16  hereby approved as provided for in s. 11(f), Art. VII of the

17  State Constitution.

18         348.9938  Lease-purchase agreement.--

19         (1)  In order to effectuate the purposes of this part

20  and as authorized by this part, the authority may enter into a

21  lease-purchase agreement with the department relating to and

22  covering the Southwest Florida Transportation System.

23         (2)  Such lease-purchase agreement shall provide for

24  the leasing of the Southwest Florida Transportation System by

25  the authority, as lessor, to the department, as lessee; shall

26  prescribe the term of such lease and the rentals to be paid

27  thereunder; and shall provide that upon the completion of the

28  faithful performance thereunder and the termination of such

29  lease-purchase agreement, title in fee simple absolute to the

30  Southwest Florida Transportation System as then constituted

31  shall be transferred in accordance with law by the authority


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    CS for SB 2938                                 First Engrossed



 1  to the state and the authority shall deliver to the department

 2  such deeds and conveyances as shall be necessary or convenient

 3  to vest title in fee simple absolute in the state.

 4         (3)  Such lease-purchase agreement may include such

 5  other provisions, agreements, and covenants as the authority

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

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

 8  and for the purposes of, this part; the completion, extension,

 9  improvement, operation, and maintenance of the Southwest

10  Florida Transportation System and the expenses and the cost of

11  operation of said authority; the charging and collection of

12  tolls, rates, fees, and other charges for the use of the

13  services and facilities thereof; the application of federal or

14  state grants or aid which may be made or given to assist the

15  authority in the completion, extension, improvement,

16  operation, and maintenance of the Southwest Florida

17  Transportation System, which the authority is hereby

18  authorized to accept and apply to such purposes; the

19  enforcement of payment and collection of rentals; and any

20  other terms, provisions, or covenants necessary, incidental,

21  or appurtenant to the making of and full performance under

22  such lease-purchase agreement.

23         (4)  The department, as lessee under such

24  lease-purchase agreement, is hereby authorized to pay as

25  rentals thereunder any rates, fees, charges, funds, moneys,

26  receipts, or income accruing to the department from the

27  operation of the Southwest Florida Transportation System and

28  may also pay as rentals any appropriations received by the

29  department pursuant to any act of the Legislature of the state

30  heretofore or hereafter enacted; provided, however, that

31  nothing herein nor in such lease- purchase agreement is


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    CS for SB 2938                                 First Engrossed



 1  intended to nor shall this part or such lease-purchase

 2  agreement require the making or continuance of such

 3  appropriations, nor shall any holder of bonds issued pursuant

 4  to this part ever have any right to compel the making or

 5  continuance of such appropriations.

 6         (5)  Said department shall have power to covenant in

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

 8  of the cost of the operation, maintenance, repair, renewal,

 9  and replacement of said system, and any part of the cost of

10  completing said system to the extent that the proceeds of

11  bonds issued therefor are insufficient, from sources other

12  than the revenues derived from the operation of said system.

13  Said department may also agree to make such other payments

14  from any moneys available to said commission, said county, or

15  said city in connection with the construction or completion of

16  said system as shall be deemed by said department to be fair

17  and proper under any such covenants heretofore or hereafter

18  entered into.

19         (6)  Said system shall be a part of the State Highway

20  System and said department is hereby authorized, upon the

21  request of the authority, to expend out of any funds available

22  for the purpose such moneys, and to use such of its

23  engineering and other forces, as may be necessary and

24  desirable in the judgment of said department, for the

25  operation of said authority and for traffic surveys, borings,

26  surveys, preparation of plans and specifications, estimates of

27  cost and other preliminary engineering, and other studies.

28         348.9939  Department may be appointed agent of

29  authority for construction.--The department may be appointed

30  by said authority as its agent for the purpose of constructing

31  improvements and extensions to the Southwest Florida


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    CS for SB 2938                                 First Engrossed



 1  Transportation System and for the completion thereof. In such

 2  event, the authority shall provide the department with

 3  complete copies of all documents, agreements, resolutions,

 4  contracts, and instruments relating thereto and shall request

 5  the department to do such construction work including the

 6  planning, surveying, and actual construction of the

 7  completion, extensions, and improvements to the Southwest

 8  Florida Transportation System and shall transfer to the credit

 9  of an account of the department in the treasury of the state

10  the necessary funds therefor, and the department shall

11  thereupon be authorized, empowered, and directed to proceed

12  with such construction and to use the said funds for such

13  purpose in the same manner that it is now authorized to use

14  the funds otherwise provided by law for its use in

15  construction of roads and bridges.

16         348.994  Acquisition of lands and property.--

17         (1)  For the purposes of this part, the Southwest

18  Florida Expressway Authority may acquire private or public

19  property and property rights, including rights of access, air,

20  view, and light, by gift, devise, purchase, or condemnation by

21  eminent domain proceedings, as the authority may deem

22  necessary for any of the purposes of this part, including, but

23  not limited to, any lands reasonably necessary for securing

24  applicable permits, areas necessary for management of access,

25  borrow pits, drainage ditches, water retention areas, rest

26  areas, replacement access for landowners whose access is

27  impaired due to the construction of a facility, and

28  replacement rights-of-way for relocated rail and utility

29  facilities; for existing, proposed, or anticipated

30  transportation facilities on the Southwest Florida

31  Transportation System or in a transportation corridor


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    CS for SB 2938                                 First Engrossed



 1  designated by the authority. The authority shall also have the

 2  power to condemn any material and property necessary for such

 3  purposes.

 4         (2)  The right of eminent domain herein conferred shall

 5  be exercised by the authority in the manner provided by law.

 6         (3)  When the authority acquires property for a

 7  transportation facility or in a transportation corridor, it is

 8  not subject to any liability imposed by chapter 376 or chapter

 9  403 for preexisting soil or groundwater contamination due

10  solely to its ownership. This section does not affect the

11  rights or liabilities of any past or future owners of the

12  acquired property, nor does it affect the liability of any

13  governmental entity for the results of its actions which

14  create or exacerbate a pollution source. The authority and the

15  Department of Environmental Protection may enter into

16  interagency agreements for the performance, funding, and

17  reimbursement of the investigative and remedial acts necessary

18  for property acquired by the authority.

19         348.9941  Cooperation with other units, boards,

20  agencies, and individuals.--Express authority and power is

21  hereby given and granted any county, municipality, drainage

22  district, road and bridge district, school district, or any

23  other political subdivision, board, commission, or individual

24  in, or of, the state to make and enter into with the authority

25  contracts, leases, conveyances, partnerships, or other

26  agreements within the provisions and purposes of this part.

27  The authority is hereby expressly authorized to make and enter

28  into contracts, leases, conveyances, partnerships, and other

29  agreements with any political subdivision, agency, or

30  instrumentality of the state and any and all federal agencies,

31  


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    CS for SB 2938                                 First Engrossed



 1  corporations, and individuals for the purpose of carrying out

 2  the provisions of this part.

 3         348.9942  Covenant of the state.--The state does hereby

 4  pledge to and agrees with any person, firm, corporation, or

 5  federal or state agency subscribing to or acquiring the bonds

 6  to be issued by the authority for the purposes of this part

 7  that the state will not limit or alter the rights hereby

 8  vested in the authority and the department until all bonds at

 9  any time issued, together with the interest thereon, are fully

10  paid and discharged insofar as the same affects the rights of

11  the holders of bonds issued hereunder. The state does further

12  pledge to and agree with the United States that in the event

13  any federal agency shall construct or contribute any funds for

14  the completion, extension, or improvement of the Southwest

15  Florida Transportation System, or any part or portion thereof,

16  the state will not alter or limit the rights and powers of the

17  authority and the department in any manner which would be

18  inconsistent with the continued maintenance and operation of

19  the Southwest Florida Transportation System or the completion,

20  extension, or improvement thereof or which would be

21  inconsistent with the due performance of any agreements

22  between the authority and any such federal agency, and the

23  authority and the department shall continue to have and may

24  exercise all powers herein granted, so long as the same shall

25  be necessary or desirable for the carrying out of the purposes

26  of this part and the purposes of the United States in the

27  completion, extension, or improvement of the Southwest Florida

28  Transportation System or any part or portion thereof.

29         348.9943  Exemption from taxation.--The effectuation of

30  the authorized purposes of the authority created under this

31  part is, shall, and will be in all respects for the benefit of


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    CS for SB 2938                                 First Engrossed



 1  the people of the state, for the increase of their commerce

 2  and prosperity, and for the improvement of their health and

 3  living conditions, and since such authority will be performing

 4  essential governmental functions in effectuating such

 5  purposes, such authority shall not be required to pay any

 6  taxes or assessments of any kind or nature whatsoever upon any

 7  property acquired or used by it for such purposes, or upon any

 8  rates, fees, rentals, receipts, income, or charges at any time

 9  received by it, and the bonds issued by the authority, their

10  transfer, and the income therefrom, including any profits made

11  on the sale thereof, shall at all times be free from taxation

12  of any kind by the state, or by any political subdivision,

13  taxing agency, or instrumentality thereof. The exemption

14  granted by this section shall not be applicable to any tax

15  imposed by chapter 220 on interest, income, or profits on debt

16  obligations owned by corporations.

17         348.9944  Eligibility for investments and

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

19  this part shall be and constitute legal investments for banks,

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

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

22  public funds and shall also be and constitute securities

23  eligible for deposit as security for all state, municipal, or

24  other public funds, notwithstanding the provisions of any

25  other law or laws to the contrary.

26         348.9945  Pledges enforceable by bondholders.--It is

27  the express intention of this part that any pledge by the

28  department of rates, fees, revenues, or other funds, as

29  rentals, to the authority, or any covenants or agreements

30  relative thereto, may be enforceable in any court of competent

31  


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    CS for SB 2938                                 First Engrossed



 1  jurisdiction against the authority or directly against the

 2  department by any holder of bonds issued by the authority.

 3         348.9946  This part complete and additional

 4  authority.--

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

 6  addition and supplemental to the existing powers of said

 7  authority and the department, and this part shall not be

 8  construed as repealing any of the provisions of any other law,

 9  general, special, or local, but to supersede such other laws

10  in the exercise of the powers provided in this part and to

11  provide a complete method for the exercise of the powers

12  granted in this part. The extension and improvement of said

13  Southwest Florida Transportation System, and the issuance of

14  bonds hereunder to finance all or part of the cost thereof,

15  may be accomplished upon compliance with the provisions of

16  this part without regard to or necessity for compliance with

17  the provisions, limitations, or restrictions contained in any

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

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

20  under this part by the qualified electors or qualified

21  electors who are freeholders in the state or in said Collier

22  County or Lee County, or in any city within these two

23  counties, or in any other political subdivision of the state,

24  shall be required for the issuance of such bonds pursuant to

25  this part.

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

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

28  of Administration, said Department of Transportation, or the

29  Division of Bond Finance of the State Board of Administration

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

31  


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    CS for SB 2938                                 First Engrossed



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

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

 3         Section 2.  Sunset of the Southwest Florida Expressway

 4  Authority's duties and powers.--The powers conferred to the

 5  Southwest Florida Expressway Authority and part X of chapter

 6  348, Florida Statutes, the statutory establishment of the

 7  Southwest Florida Expressway Authority, shall expire 12 years

 8  after this act takes effect if the Southwest Florida

 9  Expressway Authority has no outstanding indebtedness, no

10  studies underway, no design underway, and no projects under

11  construction and is not operating or maintaining any part of

12  the system it was established to create.

13         Section 3.  This act shall take effect upon resolutions

14  in support of this act being passed by both the Lee County

15  Board of County Commissioners and the Collier County Board of

16  County Commissioners, but no sooner than July 1, 2004, in the

17  event the boards pass such resolutions prior to that date;

18  except that, this section shall take effect upon this act

19  becoming a law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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