| 1 | A bill to be entitled |
| 2 | An act relating to regional transportation authorities; |
| 3 | amending s. 343.52, F.S.; revising the definition of |
| 4 | "transit system" for purposes of the South Florida |
| 5 | Regional Transportation Authority Act; amending s. 343.54, |
| 6 | F.S.; revising powers and duties of that authority; |
| 7 | amending s. 343.55, F.S.; providing for issuance, |
| 8 | reissuance, and redemption of revenue bonds by the |
| 9 | authority; amending s. 343.58, F.S.; revising funding |
| 10 | sources of the authority; removing certain county |
| 11 | contributions to the authority; revising a vehicle |
| 12 | registration tax levied by the authority; providing for |
| 13 | annual revision of the tax until a specified time; |
| 14 | amending s. 120.52, F.S.; providing that specified |
| 15 | regional transportation authorities are not agencies under |
| 16 | the Administrative Procedure Act; amending s. 163.3180, |
| 17 | F.S.; providing that comprehensive plan concurrency |
| 18 | requirements do not apply to transit-oriented development |
| 19 | master plans; providing criteria for such plans; providing |
| 20 | an effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Subsection (4) of section 343.52, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 343.52 Definitions.--As used in this part, the term: |
| 27 | (4) "Transit system" means a system used for the |
| 28 | transportation of people and goods by means of, without |
| 29 | limitation, a street railway, an inland waterway, an elevated |
| 30 | railway having a fixed guideway, a commuter railroad, a subway, |
| 31 | motor vehicles, or motor buses, and includes a complete system |
| 32 | of tracks, stations, and rolling stock necessary to effectuate |
| 33 | passenger service to or from the surrounding regional |
| 34 | municipalities. |
| 35 | Section 2. Paragraph (b) of subsection (1) and subsection |
| 36 | (5) of section 343.54, Florida Statutes, are amended to read: |
| 37 | 343.54 Powers and duties.-- |
| 38 | (1) |
| 39 | (b) It is the express intention of this part that the |
| 40 | authority be authorized to plan, develop, own, purchase, lease, |
| 41 | or otherwise acquire, demolish, construct, improve, relocate, |
| 42 | equip, repair, maintain, operate, and manage a transit system |
| 43 | and transit facilities; to establish and determine the policies |
| 44 | necessary for the best interest of the operation and promotion |
| 45 | of a transit system; and to adopt rules necessary to govern the |
| 46 | operation of a transit commuter rail system and transit commuter |
| 47 | rail facilities. It is the intent of the Legislature that the |
| 48 | South Florida Regional Transportation Authority shall have |
| 49 | overall authority to coordinate, develop, and operate a regional |
| 50 | transportation system within the area served. |
| 51 | (5) The authority, by a resolution of its governing board, |
| 52 | may expand its service area and enter into an agreement a |
| 53 | partnership with any county that is contiguous to the service |
| 54 | area of the authority. The board shall determine the conditions |
| 55 | and terms of the agreement partnership, except as provided |
| 56 | herein. However, the authority may not expand its service area |
| 57 | without the consent of the board of county commissioners |
| 58 | representing the proposed expansion area, and a county may not |
| 59 | be added to the service area except in the year that federal |
| 60 | reauthorization legislation for transportation funds is enacted. |
| 61 | Section 3. Subsection (3) of section 343.55, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 343.55 Issuance of Revenue bonds.-- |
| 64 | (3)(a) The authority may issue, reissue, or redeem bonds |
| 65 | that do not pledge the full faith and credit of the state in |
| 66 | such principal amount as, in the opinion of the authority, is |
| 67 | necessary to provide sufficient moneys for achieving its |
| 68 | corporate purposes. |
| 69 | (b) The bonds of the authority, whether on original |
| 70 | issuance or refunding, must be authorized by resolution of the |
| 71 | authority after approval of the issuance of the bonds at a |
| 72 | public hearing, may be either term or serial bonds, and shall |
| 73 | bear such date or dates, mature at such time or times, bear |
| 74 | interest at such rate or rates, be in such denominations, be in |
| 75 | such form, either coupon or fully registered, carry such |
| 76 | registration, exchangeability, and interchangeability |
| 77 | privileges, be payable in such medium of payment and at such |
| 78 | place or places and at such times, be subject to such terms of |
| 79 | redemption, and be entitled to such priorities on the revenues, |
| 80 | rates, fees, rentals, or other charges or receipts of the |
| 81 | authority as such resolution or any resolution subsequent |
| 82 | thereto may provide. The bonds must be executed by such officers |
| 83 | as the authority determines under the requirements of s. 279.06. |
| 84 | (c) Said bonds shall be sold by the authority at public |
| 85 | sale by competitive bid. However, if the authority, after |
| 86 | receipt of a written recommendation from a financial adviser, |
| 87 | shall determine by official action after public hearing by a |
| 88 | two-thirds vote of all voting members of the authority that a |
| 89 | negotiated sale of the bonds is in the best interest of the |
| 90 | authority, the authority may negotiate for sale of the bonds |
| 91 | with the underwriter or underwriters designated by the |
| 92 | authority. The authority shall provide specific findings in a |
| 93 | resolution as to the reasons requiring the negotiated sale, |
| 94 | which resolution shall incorporate and have attached thereto the |
| 95 | written recommendation of the financial adviser required by this |
| 96 | paragraph. |
| 97 | (d) Any such resolution or resolutions authorizing any |
| 98 | bonds hereunder that do not pledge the full faith and credit of |
| 99 | the state may contain provisions that are part of the contract |
| 100 | with the holders of the bonds as the authority determines |
| 101 | proper. In addition, the authority may enter into trust |
| 102 | indentures or other agreements with its fiscal agent, or with |
| 103 | any bank or trust company within or without the state, as |
| 104 | security for such bonds and may, under the agreements, assign |
| 105 | and pledge the revenues, rates, fees, rentals, tolls, or other |
| 106 | charges or receipts of the authority. |
| 107 | (e) Any of the bonds issued pursuant to this part are |
| 108 | negotiable instruments and have all the qualities and incidents |
| 109 | of negotiable instruments under the law merchant and the |
| 110 | negotiable instruments law of the state. The Division of Bond |
| 111 | Finance is authorized to issue revenue bonds on behalf of the |
| 112 | authority to finance or refinance the cost of projects. |
| 113 | Section 4. Section 343.58, Florida Statutes, is amended to |
| 114 | read: |
| 115 | 343.58 County Funding for the South Florida Regional |
| 116 | Transportation Authority.-- |
| 117 | (1) Each county served by the South Florida Regional |
| 118 | Transportation Authority must dedicate $2.67 million to the |
| 119 | authority annually. The recurring annual $2.67 million must be |
| 120 | dedicated by the governing body of each county by August 1, |
| 121 | 2003. Notwithstanding ss. 206.41 and 206.87, such dedicated |
| 122 | funding may come from each county's share of the ninth-cent fuel |
| 123 | tax, the local option fuel tax, or any other source of local gas |
| 124 | taxes or other nonfederal funds available to the counties. In |
| 125 | addition, The Legislature authorizes the levy of an annual |
| 126 | license tax in the amount of $5 $2 for the registration or |
| 127 | renewal of registration of each vehicle taxed under s. 320.08 |
| 128 | and registered in the area served by the South Florida Regional |
| 129 | Transportation Authority with an escalation equivalent to the |
| 130 | Consumer Price Index each year until 2030. The annual license |
| 131 | tax shall take effect in any county served by the authority upon |
| 132 | approval by the residents in a county served by the authority. |
| 133 | The annual license tax shall be levied and the Department of |
| 134 | Highway Safety and Motor Vehicles shall remit the proceeds each |
| 135 | month from the tax to the South Florida Regional Transportation |
| 136 | Authority. |
| 137 | (2) In addition, each county shall continue to annually |
| 138 | fund the operations of the South Florida Regional Transportation |
| 139 | Authority in an amount not less than $1.565 million. Such Funds |
| 140 | pursuant to this section subsection shall also be considered a |
| 141 | dedicated funding source. |
| 142 |
|
| 143 | If, by December 31, 2009, the South Florida Regional |
| 144 | Transportation Authority has not received federal matching funds |
| 145 | based upon the dedication of funds under this section subsection |
| 146 | (1), this section subsection (1) shall be repealed. |
| 147 | Section 5. Subsection (1) of section 120.52, Florida |
| 148 | Statutes, is amended to read: |
| 149 | 120.52 Definitions.--As used in this act: |
| 150 | (1) "Agency" means: |
| 151 | (a) The Governor in the exercise of all executive powers |
| 152 | other than those derived from the constitution. |
| 153 | (b) Each: |
| 154 | 1. State officer and state department, and each |
| 155 | departmental unit described in s. 20.04. |
| 156 | 2. Authority, including a regional water supply authority. |
| 157 | 3. Board. |
| 158 | 4. Commission, including the Commission on Ethics and the |
| 159 | Fish and Wildlife Conservation Commission when acting pursuant |
| 160 | to statutory authority derived from the Legislature. |
| 161 | 5. Regional planning agency. |
| 162 | 6. Multicounty special district with a majority of its |
| 163 | governing board comprised of nonelected persons. |
| 164 | 7. Educational units. |
| 165 | 8. Entity described in chapters 163, 373, 380, and 582 and |
| 166 | s. 186.504. |
| 167 | (c) Each other unit of government in the state, including |
| 168 | counties and municipalities, to the extent they are expressly |
| 169 | made subject to this act by general or special law or existing |
| 170 | judicial decisions. |
| 171 |
|
| 172 | This definition does not include any legal entity or agency |
| 173 | created in whole or in part pursuant to chapter 361, part II, |
| 174 | any metropolitan planning organization created pursuant to s. |
| 175 | 339.175, any separate legal or administrative entity created |
| 176 | pursuant to s. 339.175 of which a metropolitan planning |
| 177 | organization is a member, a regional transportation authority |
| 178 | created pursuant to chapter 343, an expressway authority |
| 179 | pursuant to chapter 348, any legal or administrative entity |
| 180 | created by an interlocal agreement pursuant to s. 163.01(7), |
| 181 | unless any party to such agreement is otherwise an agency as |
| 182 | defined in this subsection, or any multicounty special district |
| 183 | with a majority of its governing board comprised of elected |
| 184 | persons; however, this definition shall include a regional water |
| 185 | supply authority. |
| 186 | Section 6. Paragraph (b) of subsection (4) of section |
| 187 | 163.3180, Florida Statutes, is amended to read: |
| 188 | 163.3180 Concurrency.-- |
| 189 | (4) |
| 190 | (b) The concurrency requirement as implemented in local |
| 191 | comprehensive plans does not apply to public transit facilities |
| 192 | or transit-oriented development master plans. For the purposes |
| 193 | of this paragraph, public transit facilities include transit |
| 194 | stations and terminals, transit station parking, park-and-ride |
| 195 | lots, intermodal public transit connection or transfer |
| 196 | facilities, and fixed bus, guideway, and rail stations. For the |
| 197 | purposes of this paragraph, transit-oriented development master |
| 198 | plans are plans adopted by a local governing body that |
| 199 | graphically depict the locations of transit stations, roadways, |
| 200 | buildings, public spaces, and civic spaces within a quarter-mile |
| 201 | to half-mile radius of the transit station. As used in this |
| 202 | paragraph, the terms "terminals" and "transit facilities" do not |
| 203 | include airports or seaports or commercial or residential |
| 204 | development constructed in conjunction with a public transit |
| 205 | facility, except as may be constructed within a transit-oriented |
| 206 | development master plan. |
| 207 | Section 7. This act shall take effect upon becoming a law. |