1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to regional transportation authorities; |
7 | amending s. 343.52, F.S.; revising the definition of |
8 | "transit system" for purposes of the South Florida |
9 | Regional Transportation Authority Act; amending s. 343.54, |
10 | F.S.; revising powers and duties of that authority; |
11 | removing reference to commuter rail systems; amending s. |
12 | 343.55, F.S.; providing for issuance of revenue bonds |
13 | authorized by resolution of the authority; providing for |
14 | sale and security of the bonds; providing that the bonds |
15 | are negotiable securities; amending s. 343.58, F.S.; |
16 | revising provisions for funding for the authority; |
17 | providing for minimum county contributions to the |
18 | authority; removing a vehicle registration tax levied by |
19 | the authority; authorizing an additional title fee on |
20 | certain vehicles to be levied by counties served by the |
21 | authority; requiring approval of the additional title fee |
22 | by super majority vote of the county commission; requiring |
23 | counties served by the authority to annually transfer |
24 | certain funds before a certain date; providing for |
25 | cessation of specified county funding contributions and |
26 | providing for certain refunding of the contributions under |
27 | certain circumstances; revising timeframe for repeal of |
28 | specified funding provisions under certain circumstances; |
29 | amending s. 120.52, F.S.; providing that specified |
30 | regional transportation authorities are not agencies under |
31 | the Administrative Procedure Act; amending s. 163.3180, |
32 | F.S.; providing that comprehensive plan concurrency |
33 | requirements do not apply to transit-oriented development |
34 | master plans; providing criteria for such plans; providing |
35 | an effective date. |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. Subsection (4) of section 343.52, Florida |
40 | Statutes, is amended to read: |
41 | 343.52 Definitions.--As used in this part, the term: |
42 | (4) "Transit system" means a system used for the |
43 | transportation of people and goods by means of, without |
44 | limitation, a street railway, an inland waterway, an elevated |
45 | railway having a fixed guideway, a commuter railroad, a subway, |
46 | motor vehicles, or motor buses, and includes a complete system |
47 | of tracks, stations, and rolling stock necessary to effectuate |
48 | passenger service to or from the surrounding regional |
49 | municipalities. |
50 | Section 2. Paragraph (b) of subsection (1) of section |
51 | 343.54, Florida Statutes, is amended to read: |
52 | 343.54 Powers and duties.-- |
53 | (1) |
54 | (b) It is the express intention of this part that the |
55 | authority be authorized to plan, develop, own, purchase, lease, |
56 | or otherwise acquire, demolish, construct, improve, relocate, |
57 | equip, repair, maintain, operate, and manage a transit system |
58 | and transit facilities; to establish and determine the policies |
59 | necessary for the best interest of the operation and promotion |
60 | of a transit system; and to adopt rules necessary to govern the |
61 | operation of a transit commuter rail system and transit commuter |
62 | rail facilities. It is the intent of the Legislature that the |
63 | South Florida Regional Transportation Authority shall have |
64 | overall authority to coordinate, develop, and operate a regional |
65 | transportation system within the area served. |
66 | Section 3. Subsection (3) of section 343.55, Florida |
67 | Statutes, is amended to read: |
68 | 343.55 Issuance of Revenue bonds.-- |
69 | (3)(a) The authority may issue bonds from time to time |
70 | that do not pledge the full faith and credit of the state in |
71 | such principal amount as, in the opinion of the authority, is |
72 | necessary to provide sufficient moneys for achieving its |
73 | corporate purposes. |
74 | (b) The bonds of the authority, whether on original |
75 | issuance or refunding, must be authorized by resolution of the |
76 | authority after a public hearing, may be either term or serial |
77 | bonds in such principal amounts as the authority may determine, |
78 | and shall bear such date or dates, mature at such time or times, |
79 | bear interest at such rate or rates, be in such denominations, |
80 | be in such form, either coupon or fully registered, carry such |
81 | registration, exchangeability, and interchangeability |
82 | privileges, be payable in such medium of payment and at such |
83 | place or places and at such times, be subject to such terms of |
84 | redemption, and be entitled to such priorities on the revenues, |
85 | rates, fees, rentals, or other charges or receipts of the |
86 | authority as such resolution or any resolution subsequent |
87 | thereto may provide. The bonds must be executed by such officers |
88 | as the authority determines under the requirements of s. 279.06. |
89 | (c) Said bonds shall be sold by the authority at public |
90 | sale by competitive bid. However, if the authority, after |
91 | receipt of a written recommendation from a financial adviser, |
92 | shall determine by official action after public hearing by a |
93 | two-thirds vote of all voting members of the authority that a |
94 | negotiated sale of the bonds is in the best interest of the |
95 | authority, the authority may negotiate for sale of the bonds |
96 | with the underwriter or underwriters designated by the |
97 | authority. The authority shall provide specific findings in a |
98 | resolution as to the reasons requiring the negotiated sale, |
99 | which resolution shall incorporate and have attached thereto the |
100 | written recommendation of the financial adviser required by this |
101 | paragraph. |
102 | (d) Any such resolution or resolutions authorizing any |
103 | bonds hereunder may contain provisions that are part of the |
104 | contract with the holders of the bonds as the authority |
105 | determines proper. In addition, the authority may enter into |
106 | trust indentures or other agreements with a fiscal agent, or |
107 | with any bank or trust company within or without the state, as |
108 | security for such bonds and may, under the agreements, assign |
109 | and pledge the revenues, rates, fees, rentals, tolls, or other |
110 | charges or receipts of the authority. |
111 | (e) Bonds issued pursuant to this part are negotiable |
112 | instruments and have all the qualities and incidents of |
113 | negotiable instruments under the law merchant and the negotiable |
114 | instruments law of the state. The Division of Bond Finance is |
115 | authorized to issue revenue bonds on behalf of the authority to |
116 | finance or refinance the cost of projects. |
117 | Section 4. Section 343.58, Florida Statutes, is amended to |
118 | read: |
119 | 343.58 County Funding for the South Florida Regional |
120 | Transportation Authority.-- |
121 | (1) Each county served by the South Florida Regional |
122 | Transportation Authority must dedicate and transfer not less |
123 | than $2.67 million to the authority prior to October 31 of each |
124 | fiscal year annually. The recurring annual $2.67 million must be |
125 | dedicated by the governing body of each county by August 1, |
126 | 2003. Notwithstanding ss. 206.41 and 206.87, such dedicated |
127 | funding may come from each county's share of the ninth-cent fuel |
128 | tax, the local option fuel tax, or any other source of local gas |
129 | taxes or other nonfederal funds available to the counties. In |
130 | addition, the Legislature authorizes the levy of an annual |
131 | license tax in the amount of $2 for the registration or renewal |
132 | of registration of each vehicle taxed under s. 320.08 and |
133 | registered in the area served by the South Florida Regional |
134 | Transportation Authority. The annual license tax shall take |
135 | effect in any county served by the authority upon approval by |
136 | the residents in a county served by the authority. The annual |
137 | license tax shall be levied and the Department of Highway Safety |
138 | and Motor Vehicles shall remit the proceeds each month from the |
139 | tax to the South Florida Regional Transportation Authority. |
140 | (2) The Legislature authorizes each county served by the |
141 | South Florida Regional Transportation Authority to levy an |
142 | additional title fee in the amount of $100 for each vehicle |
143 | required to be titled under s. 319.22(1) or s. 319.23(3), |
144 | excluding mobile homes and vessels, and acquired by a person |
145 | residing in the county. Prior to the levy of the additional |
146 | title fee by a county served by the authority, the levy shall be |
147 | approved by a super majority vote of two-thirds of the members |
148 | of the county commission. The additional title fee shall be |
149 | levied 90 days after the county commission approves the levy of |
150 | the additional title fee in accordance with this subsection. The |
151 | Department of Highway Safety and Motor Vehicles shall remit to |
152 | the authority all proceeds generated by the additional title |
153 | fee. |
154 | (3)(2) In addition, Each county served by the South |
155 | Florida Regional Transportation Authority shall continue to |
156 | annually fund the operations of the South Florida Regional |
157 | Transportation authority in an amount not less than $1.565 |
158 | million. The recurring annual $1.565 million must be dedicated |
159 | and transferred by each county by October 31 of each fiscal |
160 | year. |
161 | (4) Revenues raised Such funds pursuant to this section |
162 | subsection shall also be considered a dedicated funding source. |
163 | (5) The current funding obligations in subsections (1) and |
164 | (3) shall cease upon commencement of collection of the |
165 | additional title fee described in subsection (2). Should the fee |
166 | in subsection (2) not meet the funding obligations of any county |
167 | served by the South Florida Regional Transportation Authority as |
168 | outlined in subsections (1) and (3), that county shall fund the |
169 | remaining funding obligations outlined in subsections (1) and |
170 | (3) by utilizing the funding options outlined in subsection (1). |
171 | The authority shall refund a pro rata share of payments made |
172 | pursuant to the current funding obligations in subsections (1) |
173 | and (3) as soon as reasonably practicable after it begins to |
174 | receive proceeds of the annual license tax or additional title |
175 | fee described in subsection (2). |
176 |
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177 | If, by December 31, 2011 2009, the South Florida Regional |
178 | Transportation Authority has not received federal matching funds |
179 | based upon the dedication of funds under this section subsection |
180 | (1), this section subsection (1) shall be repealed. |
181 | Section 5. Subsection (1) of section 120.52, Florida |
182 | Statutes, is amended to read: |
183 | 120.52 Definitions.--As used in this act: |
184 | (1) "Agency" means: |
185 | (a) The Governor in the exercise of all executive powers |
186 | other than those derived from the constitution. |
187 | (b) Each: |
188 | 1. State officer and state department, and each |
189 | departmental unit described in s. 20.04. |
190 | 2. Authority, including a regional water supply authority. |
191 | 3. Board. |
192 | 4. Commission, including the Commission on Ethics and the |
193 | Fish and Wildlife Conservation Commission when acting pursuant |
194 | to statutory authority derived from the Legislature. |
195 | 5. Regional planning agency. |
196 | 6. Multicounty special district with a majority of its |
197 | governing board comprised of nonelected persons. |
198 | 7. Educational units. |
199 | 8. Entity described in chapters 163, 373, 380, and 582 and |
200 | s. 186.504. |
201 | (c) Each other unit of government in the state, including |
202 | counties and municipalities, to the extent they are expressly |
203 | made subject to this act by general or special law or existing |
204 | judicial decisions. |
205 |
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206 | This definition does not include any legal entity or agency |
207 | created in whole or in part pursuant to chapter 361, part II, |
208 | any metropolitan planning organization created pursuant to s. |
209 | 339.175, any separate legal or administrative entity created |
210 | pursuant to s. 339.175 of which a metropolitan planning |
211 | organization is a member, a regional transportation authority |
212 | created pursuant to chapter 343, an expressway authority |
213 | pursuant to chapter 348, any legal or administrative entity |
214 | created by an interlocal agreement pursuant to s. 163.01(7), |
215 | unless any party to such agreement is otherwise an agency as |
216 | defined in this subsection, or any multicounty special district |
217 | with a majority of its governing board comprised of elected |
218 | persons; however, this definition shall include a regional water |
219 | supply authority. |
220 | Section 6. Paragraph (b) of subsection (4) of section |
221 | 163.3180, Florida Statutes, is amended to read: |
222 | 163.3180 Concurrency.-- |
223 | (4) |
224 | (b) The concurrency requirement as implemented in local |
225 | comprehensive plans does not apply to public transit facilities |
226 | or transit-oriented development master plans. For the purposes |
227 | of this paragraph, public transit facilities include transit |
228 | stations and terminals, transit station parking, park-and-ride |
229 | lots, intermodal public transit connection or transfer |
230 | facilities, and fixed bus, guideway, and rail stations. For the |
231 | purposes of this paragraph, transit-oriented development master |
232 | plans are plans adopted by a local governing body that |
233 | graphically depict the locations of transit stations, roadways, |
234 | buildings, public spaces, and civic spaces within a quarter-mile |
235 | to half-mile radius of the transit station. As used in this |
236 | paragraph, the terms "terminals" and "transit facilities" do not |
237 | include airports or seaports or commercial or residential |
238 | development constructed in conjunction with a public transit |
239 | facility, except as may be constructed within a transit-oriented |
240 | development master plan. |
241 | Section 7. This act shall take effect upon becoming a law. |