Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
Barcode 882996
CHAMBER ACTION
Senate House
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11 The Committee on Transportation (Clary) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (4) of section 343.52, Florida
19 Statutes, is amended to read:
20 343.52 Definitions.--As used in this part, the term:
21 (4) "Transit system" means a system used for the
22 transportation of people and goods by means of, without
23 limitation, a street railway, an inland waterway, an elevated
24 railway having a fixed guideway, a commuter railroad, a
25 subway, motor vehicles, or motor buses, and includes a
26 complete system of tracks, stations, and rolling stock
27 necessary to effectuate passenger service to or from the
28 surrounding regional municipalities.
29 Section 2. Paragraph (b) of subsection (1) of section
30 343.54, Florida Statutes, is amended to read:
31 343.54 Powers and duties.--
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 (1)
2 (b) It is the express intention of this part that the
3 authority be authorized to plan, develop, own, purchase,
4 lease, or otherwise acquire, demolish, construct, improve,
5 relocate, equip, repair, maintain, operate, and manage a
6 transit system and transit facilities; to establish and
7 determine the policies necessary for the best interest of the
8 operation and promotion of a transit system; and to adopt
9 rules necessary to govern the operation of a transit commuter
10 rail system and transit commuter rail facilities. It is the
11 intent of the Legislature that the South Florida Regional
12 Transportation Authority shall have overall authority to
13 coordinate, develop, and operate a regional transportation
14 system within the area served.
15 Section 3. Section 343.55, Florida Statutes, is
16 amended to read:
17 343.55 Issuance of Revenue bonds.--
18 (1) The authority is authorized to borrow money as
19 provided by the State Bond Act for the purpose of paying all
20 or any part of the cost of any one or more projects of the
21 South Florida Regional Transportation Authority. The principal
22 of, and the interest on, such bonds shall be payable solely
23 from revenues pledged for their payment.
24 (2) The proceeds of the bonds of each issue shall be
25 used solely for the payment of the cost of the projects for
26 which such bonds shall have been issued, except as provided in
27 the State Bond Act. Such proceeds shall be disbursed and used
28 as provided in this part and in such manner and under such
29 restrictions, if any, as the Division of Bond Finance may
30 provide in the resolution authorizing the issuance of such
31 bonds or in the trust agreement securing the same.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
Barcode 882996
1 (3)(a) The authority may issue bonds from time to time
2 which do not pledge the full faith and credit of the state in
3 such principal amount as, in the opinion of the authority, is
4 necessary to provide sufficient moneys for achieving its
5 corporate purposes.
6 (b) The bonds of the authority, whether on original
7 issuance or refunding, must be authorized by resolution of the
8 authority after a public hearing, may be either term or serial
9 bonds in such principal amounts as the authority may
10 determine, and shall bear such date or dates, mature at such
11 time or times, bear interest at such rate or rates, be in such
12 denominations, be in such form, either coupon or fully
13 registered, carry such registration, exchangeability, and
14 interchangeability privileges, be payable in such medium of
15 payment and at such place or places and at such times, be
16 subject to such terms of redemption, and be entitled to such
17 priorities on the revenues, rates, fees, rentals, or other
18 charges or receipts of the authority as such resolution or any
19 resolution subsequent thereto may provide. The bonds must be
20 executed by such officers as the authority determines under
21 the requirements of s. 279.06.
22 (c) The bonds shall be sold by the authority at public
23 sale by competitive bid. However, if the authority, after
24 receipt of a written recommendation from a financial adviser,
25 shall determine by official action after public hearing by a
26 two-thirds vote of all voting members of the authority that a
27 negotiated sale of the bonds is in the best interest of the
28 authority, the authority may negotiate for sale of the bonds
29 with the underwriter or underwriters designated by the
30 authority. The authority shall provide specific findings in a
31 resolution as to the reasons requiring the negotiated sale,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 which resolution shall incorporate and have attached thereto
2 the written recommendation of the financial adviser required
3 by this paragraph.
4 (d) Any such resolution or resolutions authorizing any
5 bonds hereunder may contain provisions that are part of the
6 contract with the holders of the bonds as the authority
7 determines proper. In addition, the authority may enter into
8 trust indentures or other agreements with a fiscal agent, or
9 with any bank or trust company within or without the state, as
10 security for such bonds and may, under the agreements, assign
11 and pledge the revenues, rates, fees, rentals, tolls, or other
12 charges or receipts of the authority.
13 (e) Bonds issued pursuant to this part are negotiable
14 instruments and have all the qualities and incidents of
15 negotiable instruments under the law merchant and the
16 negotiable instruments law of the state. The Division of Bond
17 Finance is authorized to issue revenue bonds on behalf of the
18 authority to finance or refinance the cost of projects.
19 Section 4. Section 343.58, Florida Statutes, is
20 amended to read:
21 343.58 County Funding for the South Florida Regional
22 Transportation Authority.--
23 (1) Each county served by the South Florida Regional
24 Transportation Authority must dedicate and transfer not less
25 than $2.67 million to the authority prior to October 31 of
26 each fiscal year annually. The recurring annual $2.67 million
27 must be dedicated by the governing body of each county by
28 August 1, 2003. Notwithstanding ss. 206.41 and 206.87, such
29 dedicated funding may come from each county's share of the
30 ninth-cent fuel tax, the local option fuel tax, or any other
31 source of local gas taxes or other nonfederal funds available
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 to the counties. In addition, the Legislature authorizes the
2 levy of an annual license tax in the amount of $2 for the
3 registration or renewal of registration of each vehicle taxed
4 under s. 320.08 and registered in the area served by the South
5 Florida Regional Transportation Authority. The annual license
6 tax shall take effect in any county served by the authority
7 upon approval by the residents in a county served by the
8 authority. The annual license tax shall be levied and the
9 Department of Highway Safety and Motor Vehicles shall remit
10 the proceeds each month from the tax to the South Florida
11 Regional Transportation Authority.
12 (2) The Legislature authorizes each county served by
13 the South Florida Regional Transportation Authority to levy an
14 additional title fee in the amount of $100 for each vehicle
15 required to be titled under s. 319.22(1) or s. 319.23(3),
16 excluding mobile homes and vessels, and acquired by a person
17 residing in the county. Prior to the levy of the additional
18 title fee by a county served by the authority, the levy shall
19 be approved by a vote of two-thirds of the members of the
20 county commission. The additional title fee shall be levied 90
21 days after the county commission approves the levy of the
22 additional title fee in accordance with this subsection. The
23 Department of Highway Safety and Motor Vehicles shall remit to
24 the authority all proceeds generated by the additional title
25 fee.
26 (3)(2) In addition, Each county served by the South
27 Florida Regional Transportation Authority shall continue to
28 annually fund the operations of the South Florida Regional
29 Transportation authority in an amount not less than $1.565
30 million. The recurring annual $1.565 million must be dedicated
31 and transferred by each county by October 31 of each fiscal
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 year.
2 (4) Revenues raised Such funds pursuant to this
3 section subsection shall also be considered a dedicated
4 funding source.
5 (5) The current funding obligations in subsections (1)
6 and (3) shall cease upon commencement of collection of the
7 additional title fee described in subsection (2). Should the
8 fee in subsection (2) not meet the funding obligations of any
9 county served by the South Florida Regional Transportation
10 Authority as outlined in subsections (1) and (3), that county
11 shall fund the remaining funding obligations outlined in
12 subsections (1) and (3) by utilizing the funding options
13 outlined in subsection (1).
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15 If, by December 31, 2011 2009, the South Florida Regional
16 Transportation Authority has not received federal matching
17 funds based upon the dedication of funds under this section
18 subsection (1), this section subsection (1) shall be repealed.
19 Section 5. Subsection (1) of section 120.52, Florida
20 Statutes, is amended to read:
21 120.52 Definitions.--As used in this act:
22 (1) "Agency" means:
23 (a) The Governor in the exercise of all executive
24 powers other than those derived from the constitution.
25 (b) Each:
26 1. State officer and state department, and each
27 departmental unit described in s. 20.04.
28 2. Authority, including a regional water supply
29 authority.
30 3. Board.
31 4. Commission, including the Commission on Ethics and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 the Fish and Wildlife Conservation Commission when acting
2 pursuant to statutory authority derived from the Legislature.
3 5. Regional planning agency.
4 6. Multicounty special district with a majority of its
5 governing board comprised of nonelected persons.
6 7. Educational units.
7 8. Entity described in chapters 163, 373, 380, and 582
8 and s. 186.504.
9 (c) Each other unit of government in the state,
10 including counties and municipalities, to the extent they are
11 expressly made subject to this act by general or special law
12 or existing judicial decisions.
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14 This definition does not include any legal entity or agency
15 created in whole or in part pursuant to chapter 361, part II,
16 any metropolitan planning organization created pursuant to s.
17 339.175, any separate legal or administrative entity created
18 pursuant to s. 339.175 of which a metropolitan planning
19 organization is a member, a regional transportation authority
20 created pursuant to chapter 343, an expressway authority
21 pursuant to chapter 348, any legal or administrative entity
22 created by an interlocal agreement pursuant to s. 163.01(7),
23 unless any party to such agreement is otherwise an agency as
24 defined in this subsection, or any multicounty special
25 district with a majority of its governing board comprised of
26 elected persons; however, this definition shall include a
27 regional water supply authority.
28 Section 6. Paragraph (b) of subsection (4) of section
29 163.3180, Florida Statutes, is amended to read:
30 163.3180 Concurrency.--
31 (4)
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 (b) The concurrency requirement as implemented in
2 local comprehensive plans does not apply to public transit
3 facilities or transit-oriented development master plans. For
4 the purposes of this paragraph, public transit facilities
5 include transit stations and terminals, transit station
6 parking, park-and-ride lots, intermodal public transit
7 connection or transfer facilities, and fixed bus, guideway,
8 and rail stations. For the purposes of this paragraph,
9 transit-oriented development master plans are plans adopted by
10 a local governing body which graphically depict the locations
11 of transit stations, roadways, buildings, public spaces, and
12 civic spaces within a quarter-mile to half-mile radius of the
13 transit station. As used in this paragraph, the terms
14 "terminals" and "transit facilities" do not include airports
15 or seaports or commercial or residential development
16 constructed in conjunction with a public transit facility,
17 except as may be constructed within a transit-oriented
18 development master plan.
19 Section 7. This act shall take effect upon becoming a
20 law.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
26
27 and insert:
28 A bill to be entitled
29 An act relating to regional transportation
30 authorities; amending s. 343.52, F.S.; revising
31 the definition of "transit system" for purposes
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2524
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1 of the South Florida Regional Transportation
2 Authority Act; amending s. 343.54, F.S.;
3 revising powers and duties of that authority;
4 removing reference to commuter rail systems;
5 amending s. 343.55, F.S.; providing for
6 issuance of revenue bonds authorized by
7 resolution of the authority; providing for sale
8 and security of the bonds; providing that the
9 bonds are negotiable securities; amending s.
10 343.58, F.S.; revising provisions for funding
11 for the authority; providing for minimum county
12 contributions to the authority; removing a
13 vehicle registration tax levied by the
14 authority; authorizing an additional title fee
15 on certain vehicles to be levied by counties
16 served by the authority; requiring approval of
17 the additional title fee by super majority vote
18 of the county commission; requiring counties
19 served by the authority to annually transfer
20 certain funds before a certain date; providing
21 for cessation of specified county funding
22 contributions and providing for certain
23 refunding of the contributions under certain
24 circumstances; revising the timeframe for
25 repeal of specified funding provisions under
26 certain circumstances; amending s. 120.52,
27 F.S.; providing that specified regional
28 transportation authorities are not agencies
29 under the Administrative Procedure Act;
30 amending s. 163.3180, F.S.; providing that
31 comprehensive plan concurrency requirements do
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1 not apply to transit-oriented development
2 master plans; providing criteria for such
3 plans; providing an effective date.
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