Senate Bill sb0102

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    Florida Senate - 2005                                   SB 102

    By Senator Saunders





    37-58A-05

  1                      A bill to be entitled

  2         An act relating to Southwest Florida

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

  4         F.S., titled the "Southwest Florida Expressway

  5         Authority"; providing a short title; providing

  6         definitions; creating the Southwest Florida

  7         Expressway Authority encompassing Collier and

  8         Lee Counties; providing for a governing body of

  9         the authority; providing for membership;

10         establishing a process for Charlotte County to

11         participate in the authority; providing

12         purposes and powers; providing for the

13         Southwest Florida Transportation System;

14         requiring the approval of specified county

15         commissions before approval of a project within

16         the geographical boundaries of those counties;

17         providing for procurement; providing bond

18         financing authority for projects; providing for

19         bonds of the authority; providing for fiscal

20         agents; providing the State Board of

21         Administration may act as fiscal agent;

22         providing for certain financial agreements;

23         providing for lease-purchase agreement with the

24         Department of Transportation; providing that

25         the department may be appointed agent of

26         authority for construction; providing for

27         acquisition of lands and property; providing

28         for cooperation with other units, boards,

29         agencies, and individuals; providing covenant

30         of the state; providing for exemption from

31         taxation; providing for eligibility for

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 1         investments and security; providing pledges

 2         shall be enforceable by bondholders; providing

 3         for construction and application; providing for

 4         future expiration of the act; providing a

 5         contingent effective date.

 6  

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

 8  

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

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

11  348.9934, 348.9935, 348.9936, 348.9937, 348.9938, 348.9939,

12  348.994, 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, and

13  348.9946, is created to read:

14                              Part X

15              Southwest Florida Expressway Authority

16         348.993  Short title.--This part may be cited as the

17  "Southwest Florida Expressway Authority Law."

18         348.9931  Definitions.--As used in this part, the term:

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

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

21  instrumentality heretofore or hereafter created, designated,

22  or established by, the state.

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

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

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

26  refunding bonds, or other evidences of indebtedness or

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

28  authority is authorized to issue under this part.

29         (4)  "County" means the counties of Collier and Lee.

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

31  concomitant rights approved by the authority providing the

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 1  selected person or entity the exclusive right to design,

 2  build, operate, and maintain the Southwest Florida

 3  Transportation System.

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

 5  concomitant rights approved by the authority providing the

 6  selected person or entity the exclusive right to design,

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

 8  Southwest Florida Transportation System.

 9         (7)  "Department" means the Department of

10  Transportation.

11         (8)  "Expressway" means the same as limited access

12  expressway.

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

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

15  of, or corporation, agency, or instrumentality heretofore or

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

17  States.

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

19  lease-purchase agreements that the authority is authorized

20  under this part to enter into with the Department of

21  Transportation.

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

23  highway especially designed for through traffic and over,

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

25  use, or access except in accordance with the rules adopted by

26  the authority for the use of such facility. Such highways or

27  streets may be parkways, from which trucks, buses, and other

28  commercial vehicles shall be excluded, or they may be freeways

29  open to use by all customary forms of street and highway

30  traffic.

31  

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

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

 3  constituting such governing body.

 4         (13)  "Proposed project" means a proposition to

 5  construct a facility that is in the long-range transportation

 6  plan of Lee County or Collier County, or in both plans if the

 7  facility is to be located in both counties, and that will, if

 8  constructed, become part of the Southwest Florida

 9  Transportation System. The term excludes any facility that

10  lacks identifying information specifying its general corridor,

11  alignment, and limits.

12         (14)  "Southwest Florida Transportation System" means

13  all new expressways and additional lanes on Interstate Highway

14  75 in Lee and Collier Counties which are tolled as express

15  lanes and appurtenant transportation facilities, including,

16  but not limited to, all necessary approaches, roads, bridges,

17  and avenues of access for the expressway or expressways,

18  whether tolled or nontolled, or any other facility the

19  authority determines or designates.

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

21  corporate existing under s. 9, Art. XII of the State

22  Constitution, or any successor thereto.

23         (16)  "System" means the Southwest Florida

24  Transportation System.

25         348.9932  Southwest Florida Expressway Authority.--

26         (1)  There is created and established a body politic

27  and corporate, an agency of the state, encompassing Collier

28  and Lee Counties, to be known as the Southwest Florida

29  Expressway Authority.

30  

31  

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

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

 3  in this subsection.

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

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

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

 7  of 4 years each. The board of commissioners for each county

 8  shall provide the Governor with a list of five candidates

 9  recommended from their respective county. The Governor shall

10  select appointees from the lists provided by the boards.

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

12  County shall be appointed by the Board of Commissioners of

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

14  Lee County shall be appointed by the Board of Commissioners of

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

16         2.  Each member appointed under this paragraph shall be

17  a person of outstanding reputation for integrity,

18  responsibility, and business ability and shall have an

19  interest in ground transportation. An elected official or a

20  person who is an employee in any capacity of Collier County or

21  Lee County or of any municipality within Collier County or Lee

22  County may not be an appointed member of the authority except

23  as set forth in this section.

24         3.  Each member appointed under this paragraph must be

25  a resident of his or her respective county during his or her

26  entire term.

27         4.  Each member appointed under this paragraph shall be

28  a voting member and shall hold office until a qualified

29  successor has been appointed. A vacancy shall be filled only

30  for the remainder of the unexpired term.

31  

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 1         (b)  One member of the Board of Commissioners of

 2  Collier County and one member of the Board of Commissioners of

 3  Lee County shall be selected by the respective county

 4  commission to serve as a voting member for a term of 2 years

 5  each. Each commissioner selected must be a member of the

 6  county commission for the full extent of his or her term on

 7  the authority.

 8         (c)  The executive director of the Southwest Florida

 9  Regional Planning Council shall serve as the seventh voting

10  member.

11         (d)  The district secretary of the Department of

12  Transportation for the district that contains Collier County

13  and Lee County shall serve as a nonvoting member.

14  

15  Any member of the authority may be reappointed. The Governor

16  may remove authority members from office for misconduct,

17  malfeasance, misfeasance, or nonfeasance in office.

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

19  chair. The authority shall also elect a secretary and a

20  treasurer who may or may not be members of the authority. The

21  chair, secretary, and treasurer shall hold such offices at the

22  will of the authority. Four members of the authority shall

23  constitute a quorum, and the authority may act only by a vote

24  of the majority of voting members present at a meeting at

25  which a quorum is present. A vacancy on the authority does not

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

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

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

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

30  the authority shall enter upon his or her duties.

31  

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 1         (4)  If expansion of a project of the Southwest Florida

 2  Transportation System into Charlotte County is warranted and

 3  desirable as indicated by the adoption of resolutions in

 4  support of the expansion by the authority and by each Board of

 5  County Commissioners of Charlotte, Collier, and Lee Counties,

 6  the membership of the authority shall be expanded as set forth

 7  in this subsection. The authority shall have nine voting

 8  members and two nonvoting members. The executive director of

 9  the Southwest Florida Regional Planning Council shall shift

10  from a voting member to a nonvoting member. Three members from

11  Charlotte County shall be added to the authority and each

12  shall be a voting member. The Charlotte County members shall

13  be selected in the same manner as provided for the appointment

14  of the members from Collier and Lee Counties in paragraphs

15  (2)(a) and (b).

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

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

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

19  may determine the qualifications and fix the compensation of

20  the persons or entities it employs; and may appoint a fiscal

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

22  its agents or employees such of its power as it deems

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

24  the supervision and control of the authority.

25         (b)  Members of the authority are entitled to receive

26  from the authority their travel and other necessary expenses

27  incurred in connection with the business of the authority as

28  provided in s. 112.061, but they may not draw salaries or

29  other compensation from the authority.

30         348.9933  Purposes and powers.--

31  

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 1         (1)(a)  The authority created and established by this

 2  part may acquire, hold, construct, improve, maintain, operate,

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

 4  Florida Transportation System unless precluded by state or

 5  federal law. This part does not preclude the department from

 6  acquiring, holding, constructing, improving, maintaining,

 7  operating, or owning the tolled lanes on Interstate 75 or

 8  nontolled facilities that may be part of the Southwest Florida

 9  Transportation System and that are part of the State Highway

10  System.

11         (b)  The authority, in constructing the Southwest

12  Florida Transportation System in Collier and Lee Counties, may

13  pursue only additional lanes on Interstate Highway 75 which

14  are tolled as express lanes. The authority may construct

15  projects that extend, add to, or improve the system with such

16  changes, modifications, or revisions as it deems desirable and

17  proper with the concurrence of the respective county

18  commissions and the department if the project is to be part of

19  the State Highway System. The authority may undertake a

20  transportation project other than Interstate 75 toll lanes and

21  appurtenant facilities if the boards of county commissioners

22  of Lee and Collier Counties and any other governing body

23  having jurisdiction over the road system wherein that project

24  lies each adopt a resolution supporting such expansion of the

25  authority's powers and responsibilities.

26         (2)  The authority may exercise all powers necessary,

27  appurtenant, convenient, or incidental to carrying out the

28  purposes of this part, including, but not limited to, the

29  following:

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

31  complain, and defend in all courts.

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

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

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

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

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

 6  or interest therein, as necessary or desirable for carrying

 7  out the purposes of the authority, and to sell, lease as

 8  lessor, transfer, and dispose of any property or interest

 9  therein at any time acquired by it.

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

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

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

13         (e)  To enter into lease-purchase agreements with the

14  department for terms the authority deems necessary so long as

15  each such agreement ensures that any bonds secured by a pledge

16  of rentals from those bonds, and any refundings of such bonds,

17  are fully paid as to both principal and interest.

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

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

20  facilities of the Southwest Florida Transportation System,

21  which rates, fees, rentals, and other charges must be

22  sufficient to comply with any covenants made with the holders

23  of any bonds issued under this part; however, the authority

24  may assign or delegate these powers to the department.

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

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

27  indebtedness or obligations, either in temporary or definitive

28  form, for the purpose of financing all or part of the

29  improvement or extension of the Southwest Florida

30  Transportation System and for any other purpose authorized by

31  this part; to secure the payment of such bonds or any part

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 1  thereof by a pledge of any or all of its revenues, rates,

 2  fees, rentals, or other charges; and in general to provide for

 3  the security of said bonds and the rights and remedies of

 4  their holders. The authority may enter into an agreement with

 5  one or more counties whereby county gasoline tax funds, county

 6  sales tax, or other county revenues are pledged to secure any

 7  bonds issued for an authority project authorized under this

 8  part. If the authority decides to fund or refund any bond it

 9  previously issued before that bond reaches maturity, the

10  proceeds of any such funding or refunding bond must, pending

11  the prior redemption of the bond to be funded or refunded, be

12  invested in direct obligations of the United States, and the

13  Legislature expressly intends that such outstanding bonds may

14  be funded or refunded by issuing bonds under this part.

15         (h)  To make any contract, including, but not limited

16  to, partnerships providing for participation in ownership and

17  revenues, and to execute all instruments necessary or

18  convenient for carrying on its business.

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

20  money and accept grants from, or to enter into contracts,

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

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

23  and any municipality within these two counties or with any

24  other public body of the state.

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

26  procedural powers granted under chapters 73 and 74.

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

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

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

30  any of the obligations of the authority.

31  

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

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

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

 4  this part or any other law.

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

 6  jurisdiction the following activities occur, to construct,

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

 8  thoroughfares, and boulevards outside the jurisdictional

 9  boundaries of Collier and Lee Counties; to construct, repair,

10  replace, operate, install, and maintain toll payment systems

11  for such facilities; and to exercise all necessary and

12  incidental powers to accomplish the foregoing activities.

13         (3)  The authority may not pledge the credit or taxing

14  power of the state or any political subdivision or agency of

15  the state, including Collier and Lee Counties or any

16  municipality within these counties. The obligations of the

17  authority, including the authority's liability for payment of

18  the principal and interest on bonds issued under this part,

19  may not be deemed an obligation of the state or of any other

20  political subdivision or agency of the state, unless the

21  state, or such other political subdivision, agrees to assume

22  any such obligation of the authority.

23         (4)  Notwithstanding the powers conferred by this part,

24  the authority may not proceed with a proposed project that is

25  to be located in Lee County or Collier County, or with the

26  preliminary design and environmental study for such a project,

27  until each board of county commissioners having jurisdiction

28  where each portion of the proposed project is to be located

29  approves, by majority vote of commissioners present at a

30  meeting where there is a quorum, the proposed project.

31  

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 1         (5)  The authority is precluded from involvement with

 2  any future development of County Road 951.

 3         348.9934  Procurement.--The authority may procure

 4  commodities and the services of a qualified person or entity

 5  to design, build, finance, operate, maintain, and implement

 6  the Southwest Florida Transportation System, including the use

 7  of a DBOM or DBOMF contract method that employs a request for

 8  proposal, a request for qualifications, or an invitation to

 9  negotiate.

10         348.9935  Bond financing authority for

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

12  Constitution, the Legislature approves for bond financing by

13  the Southwest Florida Expressway Authority improvements to

14  toll collection facilities or interchanges of the

15  legislatively approved regional transportation system and any

16  other transportation facility appurtenant, necessary, or

17  incidental to the approved system. Subject to terms and

18  conditions of applicable revenue bond resolutions and

19  covenants, such improvements may be financed in whole or in

20  part by revenue bonds issued under s. 348.9936(1)(a) or (b)

21  whether currently issued or issued in the future, or by a

22  combination of such bonds.

23         348.9936  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 under this part at such times and in such principal

28  amount as the authority deems necessary to provide sufficient

29  moneys for achieving its purposes; however, such bonds may not

30  pledge the full faith and credit of the state. Each bond

31  issued under this paragraph or paragraph (a), whether on

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 1  original issuance or on refunding, must be authorized by

 2  resolution of the authority's members. Any such bond may be

 3  either a term or a serial bond and shall bear such date or

 4  dates, mature at such time or times, bear interest at such

 5  rate or rates, payable semiannually, be in such denominations,

 6  be in such form, either coupon or fully registered, carry such

 7  registration, exchangeability, and interchangeability

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

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

10  be entitled to such priorities on the revenues, rates, fees,

11  rentals, or other charges or receipts of the authority,

12  including any other funds received by the authority pursuant

13  to the terms of any lease-purchase agreement between the

14  authority and the department, as such authorizing resolution

15  or any resolution that the authority subsequently adopts may

16  provide. Each such bond must be executed either by manual or

17  facsimile signature by such officers as the authority may

18  require, provided that the face of the bond must bear at least

19  one signature that is manually executed, and the coupons

20  attached to the bond must bear the facsimile signature or

21  signatures of such officer or officers as the authority may

22  require and must have the seal of the authority affixed,

23  imprinted, reproduced, or lithographed thereon, all of which

24  may be prescribed in an authorizing resolution or resolutions.

25         (c)  Bonds issued under paragraph (a) or paragraph (b)

26  must be sold at public sale in the same manner specified for

27  bonds issued under the State Bond Act. However, if the

28  authority, by official action at a public meeting, determines

29  that a negotiated sale of any such bond is in the best

30  interest of the authority, the authority may negotiate the

31  sale of that bond.  For a bond issued under paragraph (a), the

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 1  authority must undertake such negotiation with the underwriter

 2  or underwriters designated by the authority and the Division

 3  of Bond Finance of the State Board of Administration. Only the

 4  authority may undertake such negotiation with respect to a

 5  bond issued under paragraph (b). The authority's determination

 6  to negotiate the sale of such a bond may be based, in part,

 7  upon the written advice of the authority's financial adviser.

 8  Pending the preparation of definitive bonds, interim

 9  certificates, with such terms and conditions as the authority

10  deems necessary, may be issued to the purchaser or purchasers

11  of such bonds.

12         (d)  The authority may issue bonds under paragraph (b)

13  to refund any bonds it previously issued regardless of whether

14  the bonds being refunded were issued by the authority under

15  this part or on behalf of the authority under the State Bond

16  Act.

17         (2)  Any resolution authorizing a bond under this part

18  may contain provisions that are part of the contract with the

19  holders of such bonds, as to:

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

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

22  authority, or otherwise derived by the authority, from the

23  Southwest Florida Transportation System.

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

25  maintenance, repair, lease, or lease-purchase agreement of the

26  Southwest Florida Transportation System and the duties of the

27  authority and others, including the department, regarding that

28  system.

29         (c)  The limitations on the purposes to which the

30  proceeds of the bonds, then or thereafter to be issued, or of

31  

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 1  any loan or grant by the United States or the state, may be

 2  applied.

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

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

 5  services and facilities of the Southwest Florida

 6  Transportation System or any part of that system.

 7         (e)  The setting aside of moneys for reserves or

 8  sinking funds, or repair and replacement funds, and the

 9  regulation and disposition of such moneys.

10         (f)  The limitations on the issuance of additional

11  bonds.

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

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

14  under which the bonds may be issued.

15         (h)  Any other agreements with the holder of a bond

16  which the authority deems desirable and proper.

17         (3)  The authority may employ fiscal agents as

18  authorized by this part, or the State Board of Administration

19  may, upon request of the authority, act as fiscal agent for

20  the authority in regard to any bonds that may be issued under

21  this part, and the State Board of Administration may, upon

22  request of the authority, take over the management, control,

23  administration, custody, and payment of any or all debt

24  services or funds or assets now or hereafter available for any

25  bonds issued under this part. The authority may enter into any

26  deeds of trust, indentures, or other agreements with its

27  fiscal agent, or with any bank or trust company within or

28  without the state, to secure such bonds and may, under such

29  agreements, sign and pledge all or any of the revenues, rates,

30  fees, rentals, or other charges or receipts of the authority.

31  Such deed of trust, indenture, or other agreement may contain

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 1  such provisions as are customary in such instruments or, as

 2  the authority may authorize, including, but without

 3  limitation, provisions as to:

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

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

 6  relating to, the Southwest Florida Transportation System and

 7  the duties of the authority and others, including the

 8  department, which are associated with such activities.

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

10  funds on hand or on deposit.

11         (c)  The rights and remedies of a trustee or a holder

12  of the bond that is secured.

13         (d)  The terms of a bond that is secured or a

14  resolution authorizing the issuance of that bond.

15         (4)  Any bond issued under this part is declared to be

16  a negotiable instrument and has all the qualities and

17  incidents of a negotiable instrument under the merchant law

18  and the negotiable instruments law of the state.

19         (5)  Notwithstanding any other provision of this part,

20  each project, building, or facility that has been financed by

21  the issuance of bonds or other evidence of indebtedness under

22  this part and any refinancing thereof is approved as provided

23  in s. 11(f), Art. VII of the State Constitution.

24         348.9938  Lease-purchase agreement.--

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

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

27  lease-purchase agreement with the department relating to and

28  covering the Southwest Florida Transportation System.

29         (2)  Such lease-purchase agreement must: provide for

30  the leasing of the Southwest Florida Transportation System by

31  the authority, as lessor, to the department, as lessee;

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 1  prescribe the term of the lease and the rentals to be paid

 2  under the lease; and provide that, upon the completion of the

 3  faithful performance under the agreement and the termination

 4  of the agreement, the authority shall transfer to the state,

 5  in accordance with law, title in fee simple absolute to the

 6  Southwest Florida Transportation System as then constituted

 7  and deliver to the department such deeds and conveyances as

 8  necessary or convenient to vest title in fee simple absolute

 9  in the state.

10         (3)  The lease-purchase agreement may include such

11  other provisions, agreements, and covenants as the authority

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

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

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

15  improvement, operation, and maintenance of the Southwest

16  Florida Transportation System and the expenses and the cost of

17  operation of the authority; the charging and collection of

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

19  services and facilities of the system; the application of

20  federal or state grants or aid that may be made or given to

21  assist the authority in completing, extending, improving,

22  operating, and maintaining the system and that the authority

23  is specifically authorized to accept and apply to such

24  purposes; the enforcement of payment and collection of

25  rentals; and any other terms, provisions, or covenants

26  necessary, incidental, or appurtenant to the making of and

27  full performance under such lease-purchase agreement.

28         (4)  The department, as lessee under the lease-purchase

29  agreement, may pay, as rentals under the agreement, any rates,

30  fees, charges, funds, moneys, receipts, or income accruing to

31  the department from the operation of the Southwest Florida

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 1  Transportation System and any appropriations received by the

 2  department under any act of the Legislature heretofore or

 3  hereafter enacted. However, this part does not require the

 4  making or continuance of any such appropriation, a holder of

 5  bonds issued under this part may not compel the making or

 6  continuance of any such appropriation, and a lease-purchase

 7  agreement under this part may not include provisions that

 8  require any such appropriation or confer any such right.

 9         (5)  The department may covenant in any lease-purchase

10  agreement to pay all or part of the cost of the operation,

11  maintenance, repair, renewal, and replacement of the Southwest

12  Florida Transportation System, and any part of the cost of

13  completing the system. To the extent that the proceeds of

14  bonds issued to fund such costs are insufficient, the

15  department may covenant to make such payment using moneys from

16  sources other than the revenues derived from the operation of

17  the system, including, when deemed fair and proper by the

18  department, any moneys available to a local governing

19  authority which the local authority, by covenant, makes

20  available to fund such costs.

21         (6)  The Southwest Florida Transportation System shall

22  be a part of the State Highway System and the department may,

23  upon the request of the authority, expend out of any funds

24  available for the purpose such moneys and use such of its

25  engineering and other forces, as may be necessary and

26  desirable in the judgment of the department, for the operation

27  of the authority and for traffic surveys, borings, surveys,

28  preparation of plans and specifications, estimates of cost and

29  other preliminary engineering, and other studies.

30         348.9939  Department may be appointed agent of

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

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 1  by the authority as its agent for the purpose of constructing

 2  improvements and extensions to the Southwest Florida

 3  Transportation System and for completing that system. In such

 4  event, the authority shall provide the department with

 5  complete copies of all documents, agreements, resolutions,

 6  contracts, and instruments relating to the improvements,

 7  extensions, and completion and shall request the department to

 8  do such construction work, including the planning, surveying,

 9  and actual construction of the improvements, extensions, and

10  completion, and shall transfer to the credit of an account of

11  the department in the State Treasury the funds necessary for

12  the improvements, extensions, and completion. Upon such

13  transfer, the department is authorized, empowered, and

14  directed to proceed with such construction and to use the

15  funds for such purpose in the same manner that it is now

16  authorized to use the funds otherwise provided by law for its

17  use in constructing roads and bridges.

18         348.994  Acquisition of lands and property.--

19         (1)  For the purposes of this part, the authority may

20  acquire such private or public property and property rights,

21  including rights of access, air, view, and light, by gift,

22  devise, purchase, or condemnation by eminent domain

23  proceedings, as the authority deems necessary for any purpose

24  of this part, including, but not limited to, any lands

25  reasonably necessary for securing applicable permits, areas

26  necessary for management of access, borrow pits, drainage

27  ditches, water retention areas, rest areas, replacement access

28  for landowners whose access is impaired due to the

29  construction of a facility, and replacement rights-of-way for

30  relocated rail and utility facilities, and for existing,

31  proposed, or anticipated transportation facilities on the

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 1  Southwest Florida Transportation System or in a transportation

 2  corridor designated by the authority. The authority may also

 3  condemn any material and property necessary for such purposes.

 4         (2)  The right of eminent domain conferred by this part

 5  must be exercised by the authority in the manner provided by

 6  law.

 7         (3)  When the authority acquires property for a

 8  transportation facility or in a transportation corridor, it is

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

10  403 for preexisting soil or groundwater contamination due

11  solely to its ownership. This subsection does not affect the

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

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

14  governmental entity for the results of its actions which

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

16  Department of Environmental Protection may enter into

17  interagency agreements for the performance, funding, and

18  reimbursement of the investigative and remedial acts necessary

19  for property acquired by the authority.

20         348.9941  Cooperation with other units, boards,

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

22  given and granted to any county, municipality, drainage

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

24  other political subdivision, board, commission, or individual

25  in or of the state to enter into contracts, leases,

26  conveyances, partnerships, or other agreements with the

27  authority within the provisions and purposes of this part. The

28  authority may make and enter into contracts, leases,

29  conveyances, partnerships, and other agreements with any

30  political subdivision, agency, or instrumentality of the

31  

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 1  state, and any federal agency, corporation, or individual for

 2  the purpose of carrying out this part.

 3         348.9942  Covenant of the state.--The state pledges to

 4  and agrees with any person, firm, corporation, or federal or

 5  state agency subscribing to or acquiring the bonds to be

 6  issued by the authority under this part that the state will

 7  not limit or alter the rights vested in the authority and the

 8  department until all bonds, at any time issued, together with

 9  the interest thereon, are fully paid and discharged insofar as

10  the same affects the rights of the holders of bonds issued

11  hereunder. The state does further pledge to and agrees with

12  the United States that if any federal agency constructs or

13  contributes any funds for the completion, extension, or

14  improvement of the Southwest Florida Transportation System, or

15  any part or portion thereof, the state will not alter or limit

16  the rights and powers of the authority and the department in

17  any manner that would be inconsistent with the continued

18  maintenance and operation of that system, or the completion,

19  extension, or improvement thereof, or that would be

20  inconsistent with the due performance of any agreement between

21  the authority. Any such federal agency and the authority and

22  the department shall continue to have and may exercise all

23  powers granted by this part, as long as necessary or desirable

24  for the carrying out of the purposes of this part and the

25  purposes of the United States in the completion, extension, or

26  improvement of the Southwest Florida Transportation System or

27  any part or portion thereof.

28         348.9943  Exemption from taxation.--The effectuation of

29  the authorized purposes of the authority created under this

30  part is in all respects for the benefit of the people of the

31  state, for the increase of their commerce and prosperity, and

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 1  for the improvement of their health and living conditions, and

 2  since such authority will be performing essential governmental

 3  functions in effectuating such purposes, such authority may

 4  not be required to pay any taxes or assessments of any kind or

 5  nature whatsoever upon any property acquired or used by it for

 6  such purposes, or upon any rates, fees, rentals, receipts,

 7  income, or charges at any time received by it, and the bonds

 8  issued by the authority, their transfer, and the income

 9  therefrom, including any profits made on the sale thereof,

10  shall at all times be free from taxation of any kind by the

11  state, or by any political subdivision, taxing agency, or

12  instrumentality thereof. The exemption granted by this section

13  does not apply to any tax imposed by chapter 220 on interest,

14  income, or profits on debt obligations owned by corporations.

15         348.9944  Eligibility for investments and

16  security.--Any bonds or other obligations issued under this

17  part shall be and constitute legal investments for banks,

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

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

20  public funds, and shall also be and constitute securities

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

22  other public funds, notwithstanding the provisions of any

23  other law or laws to the contrary.

24         348.9945  Pledges enforceable by bondholders.--It is

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

26  department of rates, fees, revenues, or other funds as rentals

27  to the authority, or any covenants or agreements relative

28  thereto, may be enforceable in any court of competent

29  jurisdiction against the authority or directly against the

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

31  

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 1         348.9946  This part complete and additional

 2  authority.--

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

 4  addition and supplemental to the existing powers of the

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

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

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

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

 9  provide a complete method for the exercise of the powers

10  granted in this part. The extension and improvement of the

11  Southwest Florida Transportation System, and the issuance of

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

13  may be accomplished upon compliance with the provisions of

14  this part without regard to or necessity for compliance with

15  the provisions, limitations, or restrictions contained in any

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

17  limited to, s. 215.821, and the approval of any bonds issued

18  under this part by the qualified electors or qualified

19  electors who are freeholders in the state or in Collier County

20  or Lee County, or in any municipality within these two

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

22  is not required for the issuance of bonds under this part.

23         (2)  This part does not repeal, rescind, or modify any

24  other law or laws relating to the State Board of

25  Administration, the Department of Transportation, or the

26  Division of Bond Finance of the State Board of Administration

27  but supersedes any other law or laws that are inconsistent

28  with this part, including, but not limited to, s. 215.821.

29         Section 2.  Sunset of the Southwest Florida Expressway

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

31  Southwest Florida Expressway Authority and the establishment

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 1  of that authority under part X of chapter 348, Florida

 2  Statutes, shall expire 12 years after this act takes effect if

 3  the Southwest Florida Expressway Authority has no outstanding

 4  indebtedness, no studies underway, no design underway, and no

 5  projects under construction and is not operating or

 6  maintaining any part of the system it was established to

 7  create.

 8         Section 3.  This act shall take effect upon resolutions

 9  in support of this act being adopted by both the Lee County

10  Board of County Commissioners and the Collier County Board of

11  County Commissioners, but if those boards adopt such

12  resolutions before July 1, 2005, this act shall take effect

13  upon becoming a law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Creates the Southwest Florida Expressway Authority
      encompassing certain transportation projects in Collier
18    and Lee Counties. Establishes a process to add certain
      projects in Charlotte County.  Grants various powers to
19    the authority, including authorization to issue bonds,
      regarding such projects.  Authorizes the State Board of
20    Administration to act as fiscal agent for the authority
      and the Department of Transportation to undertake various
21    activities with or as the appointed agent of the
      authority.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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