HB 1409CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to regional transportation authorities;
7amending s. 343.52, F.S.; revising the definition of
8"transit system" for purposes of the South Florida
9Regional Transportation Authority Act; amending s. 343.54,
10F.S.; revising powers and duties of that authority;
11removing reference to commuter rail systems; amending s.
12343.55, F.S.; providing for issuance of revenue bonds
13authorized by resolution of the authority; providing for
14sale and security of the bonds; providing that the bonds
15are negotiable securities; amending s. 343.58, F.S.;
16revising provisions for funding for the authority;
17providing for minimum county contributions to the
18authority; removing a vehicle registration tax levied by
19the authority; authorizing an additional title fee on
20certain vehicles to be levied by counties served by the
21authority; requiring approval of the additional title fee
22by super majority vote of the county commission; requiring
23counties served by the authority to annually transfer
24certain funds before a certain date; providing for
25cessation of specified county funding contributions and
26providing for certain refunding of the contributions under
27certain circumstances; revising timeframe for repeal of
28specified funding provisions under certain circumstances;
29amending s. 120.52, F.S.; providing that specified
30regional transportation authorities are not agencies under
31the Administrative Procedure Act; amending s. 163.3180,
32F.S.; providing that comprehensive plan concurrency
33requirements do not apply to transit-oriented development
34master plans; providing criteria for such plans; providing
35an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (4) of section 343.52, Florida
40Statutes, 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
43transportation of people and goods by means of, without
44limitation, a street railway, an inland waterway, an elevated
45railway having a fixed guideway, a commuter railroad, a subway,
46motor vehicles, or motor buses, and includes a complete system
47of tracks, stations, and rolling stock necessary to effectuate
48passenger service to or from the surrounding regional
49municipalities.
50     Section 2.  Paragraph (b) of subsection (1) of section
51343.54, 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
55authority be authorized to plan, develop, own, purchase, lease,
56or otherwise acquire, demolish, construct, improve, relocate,
57equip, repair, maintain, operate, and manage a transit system
58and transit facilities; to establish and determine the policies
59necessary for the best interest of the operation and promotion
60of a transit system; and to adopt rules necessary to govern the
61operation of a transit commuter rail system and transit commuter
62rail facilities. It is the intent of the Legislature that the
63South Florida Regional Transportation Authority shall have
64overall authority to coordinate, develop, and operate a regional
65transportation system within the area served.
66     Section 3.  Subsection (3) of section 343.55, Florida
67Statutes, is amended to read:
68     343.55  Issuance of Revenue bonds.--
69     (3)(a)  The authority may issue bonds from time to time
70that do not pledge the full faith and credit of the state in
71such principal amount as, in the opinion of the authority, is
72necessary to provide sufficient moneys for achieving its
73corporate purposes.
74     (b)  The bonds of the authority, whether on original
75issuance or refunding, must be authorized by resolution of the
76authority after a public hearing, may be either term or serial
77bonds in such principal amounts as the authority may determine,
78and shall bear such date or dates, mature at such time or times,
79bear interest at such rate or rates, be in such denominations,
80be in such form, either coupon or fully registered, carry such
81registration, exchangeability, and interchangeability
82privileges, be payable in such medium of payment and at such
83place or places and at such times, be subject to such terms of
84redemption, and be entitled to such priorities on the revenues,
85rates, fees, rentals, or other charges or receipts of the
86authority as such resolution or any resolution subsequent
87thereto may provide. The bonds must be executed by such officers
88as the authority determines under the requirements of s. 279.06.
89     (c)  Said bonds shall be sold by the authority at public
90sale by competitive bid. However, if the authority, after
91receipt of a written recommendation from a financial adviser,
92shall determine by official action after public hearing by a
93two-thirds vote of all voting members of the authority that a
94negotiated sale of the bonds is in the best interest of the
95authority, the authority may negotiate for sale of the bonds
96with the underwriter or underwriters designated by the
97authority. The authority shall provide specific findings in a
98resolution as to the reasons requiring the negotiated sale,
99which resolution shall incorporate and have attached thereto the
100written recommendation of the financial adviser required by this
101paragraph.
102     (d)  Any such resolution or resolutions authorizing any
103bonds hereunder may contain provisions that are part of the
104contract with the holders of the bonds as the authority
105determines proper. In addition, the authority may enter into
106trust indentures or other agreements with a fiscal agent, or
107with any bank or trust company within or without the state, as
108security for such bonds and may, under the agreements, assign
109and pledge the revenues, rates, fees, rentals, tolls, or other
110charges or receipts of the authority.
111     (e)  Bonds issued pursuant to this part are negotiable
112instruments and have all the qualities and incidents of
113negotiable instruments under the law merchant and the negotiable
114instruments law of the state. The Division of Bond Finance is
115authorized to issue revenue bonds on behalf of the authority to
116finance or refinance the cost of projects.
117     Section 4.  Section 343.58, Florida Statutes, is amended to
118read:
119     343.58  County Funding for the South Florida Regional
120Transportation Authority.--
121     (1)  Each county served by the South Florida Regional
122Transportation Authority must dedicate and transfer not less
123than $2.67 million to the authority prior to October 31 of each
124fiscal year annually. The recurring annual $2.67 million must be
125dedicated by the governing body of each county by August 1,
1262003. Notwithstanding ss. 206.41 and 206.87, such dedicated
127funding may come from each county's share of the ninth-cent fuel
128tax, the local option fuel tax, or any other source of local gas
129taxes or other nonfederal funds available to the counties. In
130addition, the Legislature authorizes the levy of an annual
131license tax in the amount of $2 for the registration or renewal
132of registration of each vehicle taxed under s. 320.08 and
133registered in the area served by the South Florida Regional
134Transportation Authority. The annual license tax shall take
135effect in any county served by the authority upon approval by
136the residents in a county served by the authority. The annual
137license tax shall be levied and the Department of Highway Safety
138and Motor Vehicles shall remit the proceeds each month from the
139tax to the South Florida Regional Transportation Authority.
140     (2)  The Legislature authorizes each county served by the
141South Florida Regional Transportation Authority to levy an
142additional title fee in the amount of $100 for each vehicle
143required to be titled under s. 319.22(1) or s. 319.23(3),
144excluding mobile homes and vessels, and acquired by a person
145residing in the county. Prior to the levy of the additional
146title fee by a county served by the authority, the levy shall be
147approved by a super majority vote of two-thirds of the members
148of the county commission. The additional title fee shall be
149levied 90 days after the county commission approves the levy of
150the additional title fee in accordance with this subsection. The
151Department of Highway Safety and Motor Vehicles shall remit to
152the authority all proceeds generated by the additional title
153fee.
154     (3)(2)  In addition, Each county served by the South
155Florida Regional Transportation Authority shall continue to
156annually fund the operations of the South Florida Regional
157Transportation authority in an amount not less than $1.565
158million. The recurring annual $1.565 million must be dedicated
159and transferred by each county by October 31 of each fiscal
160year.
161     (4)  Revenues raised Such funds pursuant to this section
162subsection 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
165additional title fee described in subsection (2). Should the fee
166in subsection (2) not meet the funding obligations of any county
167served by the South Florida Regional Transportation Authority as
168outlined in subsections (1) and (3), that county shall fund the
169remaining funding obligations outlined in subsections (1) and
170(3) by utilizing the funding options outlined in subsection (1).
171The authority shall refund a pro rata share of payments made
172pursuant to the current funding obligations in subsections (1)
173and (3) as soon as reasonably practicable after it begins to
174receive proceeds of the annual license tax or additional title
175fee described in subsection (2).
176
177If, by December 31, 2011 2009, the South Florida Regional
178Transportation Authority has not received federal matching funds
179based 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
182Statutes, 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
186other than those derived from the constitution.
187     (b)  Each:
188     1.  State officer and state department, and each
189departmental 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
193Fish and Wildlife Conservation Commission when acting pursuant
194to statutory authority derived from the Legislature.
195     5.  Regional planning agency.
196     6.  Multicounty special district with a majority of its
197governing board comprised of nonelected persons.
198     7.  Educational units.
199     8.  Entity described in chapters 163, 373, 380, and 582 and
200s. 186.504.
201     (c)  Each other unit of government in the state, including
202counties and municipalities, to the extent they are expressly
203made subject to this act by general or special law or existing
204judicial decisions.
205
206This definition does not include any legal entity or agency
207created in whole or in part pursuant to chapter 361, part II,
208any metropolitan planning organization created pursuant to s.
209339.175, any separate legal or administrative entity created
210pursuant to s. 339.175 of which a metropolitan planning
211organization is a member, a regional transportation authority
212created pursuant to chapter 343, an expressway authority
213pursuant to chapter 348, any legal or administrative entity
214created by an interlocal agreement pursuant to s. 163.01(7),
215unless any party to such agreement is otherwise an agency as
216defined in this subsection, or any multicounty special district
217with a majority of its governing board comprised of elected
218persons; however, this definition shall include a regional water
219supply authority.
220     Section 6.  Paragraph (b) of subsection (4) of section
221163.3180, Florida Statutes, is amended to read:
222     163.3180  Concurrency.--
223     (4)
224     (b)  The concurrency requirement as implemented in local
225comprehensive plans does not apply to public transit facilities
226or transit-oriented development master plans. For the purposes
227of this paragraph, public transit facilities include transit
228stations and terminals, transit station parking, park-and-ride
229lots, intermodal public transit connection or transfer
230facilities, and fixed bus, guideway, and rail stations. For the
231purposes of this paragraph, transit-oriented development master
232plans are plans adopted by a local governing body that
233graphically depict the locations of transit stations, roadways,
234buildings, public spaces, and civic spaces within a quarter-mile
235to half-mile radius of the transit station. As used in this
236paragraph, the terms "terminals" and "transit facilities" do not
237include airports or seaports or commercial or residential
238development constructed in conjunction with a public transit
239facility, except as may be constructed within a transit-oriented
240development master plan.
241     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.