HB 401

1
A bill to be entitled
2An act relating to Southwest Florida transportation;
3creating pt. X of ch. 348, F.S., titled "Southwest Florida
4Expressway Authority"; providing a popular name; providing
5definitions; creating the Southwest Florida Expressway
6Authority encompassing Collier and Lee Counties; providing
7for a governing body of the authority; providing for
8membership; establishing a process for Charlotte County to
9participate in the authority; providing purposes and
10powers; providing for the Southwest Florida Transportation
11System; requiring the approval of specified county
12commissions before approval of a project within the
13geographical boundaries of those counties; prohibiting
14authority involvement with a certain road development;
15providing for procurement; providing bond financing
16authority for improvements; providing for bonds of the
17authority; providing for fiscal agents; providing the
18State Board of Administration may act as fiscal agent;
19providing for certain financial agreements; providing for
20a lease-purchase agreement with the Department of
21Transportation; providing the department may be appointed
22agent of authority for construction; providing for
23acquisition of lands and property; providing for
24cooperation with other units, boards, agencies, and
25individuals; providing covenant of the state; providing
26for exemption from taxation; providing for eligibility for
27investments and security; providing pledges shall be
28enforceable by bondholders; providing for construction and
29application; providing legislative intent regarding
30changes; providing for future expiration of the act;
31providing a contingent effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Part X of chapter 348, Florida Statutes,
36consisting of sections 348.993, 348.9931, 348.9932, 348.9933,
37348.9934, 348.9935, 348.9936, 348.9938, 348.9939, 348.994,
38348.9941, 348.9942, 348.9943, 348.9944, 348.9945, 348.9946, and
39348.9947, is created to read:
40
Part X
41
Southwest Florida Expressway Authority
42     348.993  Popular name.--This part may be cited as the
43"Southwest Florida Expressway Authority Law."
44     348.9931  Definitions.--The following terms, whenever used
45or referred to in this part, shall have the following meanings,
46except in those instances where the context clearly indicates
47otherwise:
48     (1)  "Agency of the state" means and includes the state and
49any department of, or corporation, agency, or instrumentality
50heretofore or hereafter created, designated, or established by,
51the state.
52     (2)  "Authority" means the body politic and corporate, and
53agency of the state, created by this part.
54     (3)  "Bonds" means and includes the notes, bonds, refunding
55bonds, or other evidences of indebtedness or obligations, in
56either temporary or definitive form, which the authority is
57authorized to issue pursuant to this part.
58     (4)  "County" means the counties of Collier and Lee.
59     (5)  "DBOM contract" means the document and all concomitant
60rights approved by the authority providing the selected person
61or entity the exclusive right to design, build, operate, and
62maintain the Southwest Florida Transportation System.
63     (6)  "DBOMF contract" means the document and all
64concomitant rights approved by the authority providing the
65selected person or entity the exclusive right to design, build,
66operate, maintain, and finance all or a portion of the Southwest
67Florida Transportation System.
68     (7)  "Department" means the Department of Transportation
69existing under chapters 334-339.
70     (8)  "Expressway" means the same as limited access
71expressway.
72     (9)  "Federal agency" means and includes the United States,
73the President of the United States, or any department of, or
74corporation, agency, or instrumentality heretofore or hereafter
75created, designated, or established by, the United States.
76     (10)  "Lease-purchase agreement" means the lease-purchase
77agreements which the authority is authorized pursuant to this
78part to enter into with the Department of Transportation.
79     (11)  "Limited access expressway" means a street or highway
80especially designed for through traffic and over, from, or to
81which no person shall have the right of easement, use, or access
82except in accordance with the rules and regulations promulgated
83and established by the authority for the use of such facility.
84Such highways or streets may be parkways, from which trucks,
85buses, and other commercial vehicles shall be excluded, or they
86may be freeways open to use by all customary forms of street and
87highway traffic.
88     (12)  "Members" means the governing body of the authority,
89and the term "member" means one of the individuals constituting
90such governing body.
91     (13)  "Proposed project" means a facility which, if
92constructed, will become part of the Southwest Florida
93Transportation System, and it shall identify the general
94corridor and alignment of the facility and its limits. Further,
95it shall mean a project or projects which are in the long-range
96transportation plan of Lee County or Collier County, or both
97plans if the proposed project is to be located in both counties.
98     (14)  "Southwest Florida Transportation System" means all
99new expressways and additional lanes on Interstate Highway 75 in
100Lee and Collier Counties which are tolled as express lanes and
101appurtenant facilities, including, but not limited to, all
102approaches, roads, bridges, and avenues of access for said
103expressway or expressways, whether tolled or nontolled, or such
104other facility as the authority determines or designates.
105     (15)  "State Board of Administration" means the body
106corporate existing under the provisions of s. 9, Art. XII of the
107State Constitution, or any successor thereto.
108     (16)  "System" means the Southwest Florida Transportation
109System.
110
111Words importing singular number include the plural number in
112each case and vice versa, and words importing persons include
113firms and corporations.
114     348.9932  Southwest Florida Expressway Authority.--
115     (1)  There is hereby created and established a body politic
116and corporate, an agency of the state, encompassing Collier and
117Lee Counties, to be known as the Southwest Florida Expressway
118Authority, hereinafter referred to as the "authority."
119     (2)  The governing body of the authority shall consist of
120seven voting members and one nonvoting member, as set forth in
121this subsection.
122     (a)1.a.  One member who is a permanent resident of Collier
123County and one member who is a permanent resident of Lee County
124shall be appointed by the Governor to serve a term of 4 years
125each. The Governor shall select his appointees from a list
126submitted by the board of county commissioners of each county,
127with each list recommending five candidates from their
128respective county.
129     b.  One member who is a permanent resident of Collier
130County shall be appointed by the Board of County Commissioners
131of Collier County and one member who is a permanent resident of
132Lee County shall be appointed by the Board of County
133Commissioners of Lee County to serve a term of 4 years each.
134     2.  Each member appointed under this paragraph shall be a
135person of outstanding reputation for integrity, responsibility,
136and business ability and shall have an interest in ground
137transportation. No elected official and no person who is an
138employee, in any capacity, of Collier County or Lee County or of
139any city within Collier County or Lee County shall be an
140appointed member of the authority except as set forth in this
141section.
142     3.  Each appointed member shall be a resident of his or her
143respective county during his or her entire term.
144     4.  Each appointed member shall be a voting member and
145shall hold office until his or her successor has been appointed
146and has qualified. A vacancy occurring during a term shall be
147filled only for the remainder of the unexpired term.
148     (b)  One member from Collier County and one member from Lee
149County shall be selected by the members of the respective county
150commission from among its members to serve as a voting member
151for a term of 2 years each. Each commissioner must be a member
152of the county commission when selected and for the full extent
153of the term of this selection.
154     (c)  The executive director of the Southwest Florida
155Regional Planning Council shall serve as the seventh voting
156member.
157     (d)  The district secretary of the Department of
158Transportation serving in the district that contains Collier
159County and Lee County shall serve as a nonvoting member.
160     (e)  Any member of the authority shall be eligible for
161reappointment.
162     (3)(a)  The authority shall elect one of its members as
163chair of the authority. The authority shall also elect a
164secretary and a treasurer who may or may not be members of the
165authority. The chair, secretary, and treasurer shall hold such
166offices at the will of the authority. Four members of the
167authority shall constitute a quorum, and a vote of the majority
168of those present shall be necessary for any action taken by the
169authority. No vacancy in the authority shall impair the right of
170a quorum of the authority to exercise all of the rights and
171perform all of the duties of the authority.
172     (b)  Upon the effective date of his or her appointment, or
173as soon thereafter as practicable, each appointed member of the
174authority shall enter upon his or her duties.
175     (4)  If an expansion of the project into Charlotte County
176is warranted and desirable as indicated by the adoption of
177resolutions in support of the expansion by the authority and by
178each Board of County Commissioners of Charlotte, Collier, and
179Lee Counties, the membership of the authority shall be expanded
180as set forth in this subsection. The authority shall have nine
181voting members and two nonvoting members. The executive director
182of the Southwest Florida Regional Planning Council will shift
183from a voting member to a nonvoting member. Three members from
184Charlotte County shall be added to the authority and each shall
185be a voting member. The Charlotte County members shall be
186selected in the same manner as provided for the appointment of
187the members from Collier and Lee Counties.
188     (5)(a)  The authority may employ an executive director, its
189own counsel and legal staff, technical experts, engineers, and
190such employees, permanent or temporary, as it may require; may
191determine the qualifications and fix the compensation of such
192persons, firms, or corporations; and may employ a fiscal agent
193or agents. The authority may delegate to one or more of its
194agents or employees such of its power as it shall deem necessary
195to carry out the purposes of this part, subject always to the
196supervision and control of the authority. Members of the
197authority may be removed from office by the Governor for
198misconduct, malfeasance, misfeasance, or nonfeasance in office.
199     (b)  Members of the authority shall be entitled to receive
200from the authority their travel and other necessary expenses
201incurred in connection with the business of the authority as
202provided in s. 112.061, but they shall draw no salaries or other
203compensation.
204     348.9933  Purposes and powers.--
205     (1)(a)  The authority created and established by the
206provisions of this part is hereby granted and shall have the
207right to acquire, hold, construct, improve, maintain, operate,
208own, and lease, in the capacity of lessor, the Southwest Florida
209Transportation System, hereinafter referred to as the "system,"
210unless precluded by state or federal law. This part does not
211preclude the department from acquiring, holding, constructing,
212improving, maintaining, operating, or owning the tolled lanes on
213Interstate Highway 75 or nontolled facilities that may be part
214of the Southwest Florida Transportation System and that are part
215of the State Highway System.
216     (b)  It is the express intention of this part that said
217authority, in the construction of said Southwest Florida
218Transportation System, within the geographic boundaries of
219Collier and Lee Counties, is limited to the pursuit of
220additional lanes on Interstate Highway 75 within these counties
221which are tolled as express lanes. Further, the authority shall
222be authorized to construct any extensions, additions, or
223improvements to said system or appurtenant facilities, including
224all necessary approaches, roads, bridges, and avenues of access,
225with such changes, modifications, or revisions of said project
226as shall be deemed desirable and proper with the concurrence of
227the respective county commissions and the department if the
228project is to be part of the State Highway System. The
229responsibilities of the authority will not be expanded to cover
230any other projects beyond Interstate Highway 75 toll lanes and
231appurtenant facilities unless resolutions in support of such
232expansion or other project are adopted by the Boards of County
233Commissioners of Lee and Collier Counties and, if applicable, by
234the governing body having jurisdiction of a road system if the
235project is to become a part of that system.
236     (2)  The authority is hereby granted and shall have and may
237exercise all powers necessary, appurtenant, convenient, or
238incidental to the carrying out of the aforesaid purposes,
239including, but not limited to, the following rights and powers:
240     (a)  To sue and be sued, implead and be impleaded,
241complain, and defend in all courts.
242     (b)  To adopt, use, and alter at will a corporate seal.
243     (c)  To acquire by donation or otherwise, purchase, hold,
244lease as lessee, and use any franchise or property, real,
245personal, or mixed, tangible or intangible, or any options
246thereof in its own name or in conjunction with others, or
247interest therein, necessary or desirable for carrying out the
248purposes of the authority, and to sell, lease as lessor,
249transfer, and dispose of any property or interest therein at any
250time acquired by it.
251     (d)  To enter into and make leases for terms it deems
252necessary, as either lessee or lessor, in order to carry out the
253right to lease as set forth in this part.
254     (e)  To enter into and make lease-purchase agreements with
255the department for terms it deems necessary or until any bonds
256secured by a pledge of rentals thereunder, and any refundings
257thereof, are fully paid as to both principal and interest,
258whichever is longer.
259     (f)  To fix, alter, charge, establish, and collect rates,
260fees, rentals, and other charges for the services and facilities
261of the Southwest Florida Transportation System, which rates,
262fees, rentals, and other charges shall always be sufficient to
263comply with any covenants made with the holders of any bonds
264issued pursuant to this part; however, such right and power may
265be assigned or delegated by the authority to the department.
266     (g)  To borrow money and make and issue negotiable notes,
267bonds, refunding bonds, and other evidences of indebtedness or
268obligations, either in temporary or definitive form, hereinafter
269in this part sometimes called "bonds" of the authority, for the
270purpose of financing all or part of the improvement or extension
271of the Southwest Florida Transportation System and appurtenant
272facilities, including all approaches, streets, roads, bridges,
273and avenues of access for said Southwest Florida Transportation
274System, and for any other purpose authorized by this part; to
275secure the payment of such bonds or any part thereof by a pledge
276of any or all of its revenues, rates, fees, rentals, or other
277charges; and in general to provide for the security of said
278bonds and the rights and remedies of the holders thereof. The
279authority may enter into an agreement between the authority and
280one or more counties for the pledge of county gasoline tax
281funds, county sales tax, or other county revenues to secure any
282bonds issued for an authority project as authorized hereunder.
283In the event the authority shall determine to fund or refund any
284bonds theretofore issued by said authority, prior to the
285maturity thereof, the proceeds of such funding or refunding
286bonds shall, pending the prior redemption of the bonds to be
287funded or refunded, be invested in direct obligations of the
288United States, and it is the express intention of this part that
289such outstanding bonds may be funded or refunded by the issuance
290of bonds pursuant to this part.
291     (h)  To make contracts of every name and nature, including,
292but not limited to, partnerships providing for participation in
293ownership and revenues, and to execute all instruments necessary
294or convenient for the carrying on of its business.
295     (i)  Without limitation of the foregoing, to borrow money
296and accept grants from, and to enter into contracts, leases, or
297other transactions with, any federal agency, the state, any
298agency of the state, Collier County, Lee County, any city within
299Collier County or Lee County, or with any other public body of
300the state.
301     (j)  To have the power of eminent domain, including the
302procedural powers granted under chapters 73 and 74.
303     (k)  To pledge, hypothecate, or otherwise encumber all or
304any part of the revenues, rates, fees, rentals, or other charges
305or receipts of the authority as security for all or any of the
306obligations of the authority.
307     (l)  To do all acts and things necessary or convenient for
308the conduct of its business and the general welfare of the
309authority in order to carry out the powers granted to it by this
310part or any other law.
311     (m)  With the consent of the county within whose
312jurisdiction the following activities occur, to construct,
313operate, and maintain roads, bridges, avenues of access,
314thoroughfares, and boulevards outside the jurisdictional
315boundaries of Collier and Lee Counties, together with the right
316to construct, repair, replace, operate, install, and maintain
317toll payment systems thereon, with all necessary and incidental
318powers to accomplish the foregoing.
319     (3)  The authority shall have no power at any time or in
320any manner to pledge the credit or taxing power of the state or
321any political subdivision or agency thereof, including Collier
322and Lee Counties or any city within these counties, nor shall
323any of the authority's obligations be deemed to be obligations
324of the state or of any political subdivision or agency thereof,
325nor shall the state or any political subdivision or agency
326thereof, except the authority, be liable for the payment of the
327principal of or interest on such obligations unless agreed to by
328such entity.
329     (4)  Notwithstanding the powers conferred herein, before
330the authority proceeds with a proposed project, either the Lee
331County Commission or the Collier County Commission must approve
332any proposed project for the system that may be located within
333the geographical boundaries of that commission's jurisdiction. A
334quorum must be present for a vote of approval to take place.
335Such approval, by a majority vote of those members present, must
336be obtained before the authority can proceed with the
337preliminary design and environmental study.
338     (5)  The authority is precluded from involvement with any
339future development of County Road 951.
340     348.9934  Procurement.--The authority is authorized to
341procure commodities and the services of a qualified person or
342entity to design, build, finance, operate, maintain, and
343implement the Southwest Florida Transportation System, including
344the use of a DBOM or DBOMF method using a request for proposal,
345a request for qualifications, or an invitation to negotiate.
346     348.9935  Bond financing authority for
347improvements.--Pursuant to s. 11(f), Art. VII of the State
348Constitution, the Legislature hereby approves for bond financing
349by the Southwest Florida Expressway Authority improvements to
350toll collection facilities, interchanges to the legislatively
351approved regional transportation system, and any other facility
352appurtenant, necessary, or incidental to the approved system.
353Subject to terms and conditions of applicable revenue bond
354resolutions and covenants, such costs may be financed in whole
355or in part by revenue bonds issued pursuant to s. 348.9936(1)(a)
356or (b) whether currently issued or issued in the future, or by a
357combination of such bonds.
358     348.9936  Bonds of the authority.--
359     (1)(a)  Bonds may be issued on behalf of the authority
360pursuant to the State Bond Act.
361     (b)  Alternatively, the authority may issue its own bonds
362pursuant to this part at such times and in such principal amount
363as, in the opinion of the authority, is necessary to provide
364sufficient moneys for achieving its purposes; however, such
365bonds may not pledge the full faith and credit of the state.
366Bonds issued by the authority pursuant to this paragraph or
367paragraph (a), whether on original issuance or on refunding,
368shall be authorized by resolution of the members thereof and may
369be either term or serial bonds and shall bear such date or
370dates, mature at such time or times, bear interest at such rate
371or rates, payable semiannually, be in such denominations, be in
372such form, either coupon or fully registered, carry such
373registration, exchangeability, and interchangeability
374privileges, be payable in such medium of payment and at such
375place or places, be subject to such terms of redemption, and be
376entitled to such priorities on the revenues, rates, fees,
377rentals, or other charges or receipts of the authority,
378including any other funds received by the authority pursuant to
379the terms of any lease-purchase agreement between the authority
380and the department, as such resolution or any resolution
381subsequent thereto may provide. The bonds shall be executed
382either by manual or facsimile signature by such officers as the
383authority shall determine, provided that such bonds shall bear
384at least one signature which is manually executed thereon, and
385the coupons attached to such bonds shall bear the facsimile
386signature or signatures of such officer or officers as shall be
387designated by the authority and shall have the seal of the
388authority affixed, imprinted, reproduced, or lithographed
389thereon, all as may be prescribed in such resolution or
390resolutions.
391     (c)  Bonds issued pursuant to paragraph (a) or paragraph
392(b) shall be sold at public sale in the same manner provided by
393the State Bond Act. However, if the authority shall, by official
394action at a public meeting, determine that a negotiated sale of
395such bonds is in the best interest of the authority, the
396authority may negotiate the sale of such bonds with the
397underwriter or underwriters designated by the authority and the
398Division of Bond Finance of the State Board of Administration
399with respect to bonds issued pursuant to paragraph (a) or solely
400the authority with respect to bonds issued pursuant to paragraph
401(b). The authority's determination to negotiate the sale of such
402bonds may be based, in part, upon the written advice of the
403authority's financial adviser. Pending the preparation of
404definitive bonds, interim certificates may be issued to the
405purchaser or purchasers of such bonds and may contain such terms
406and conditions as the authority may determine.
407     (d)  The authority may issue bonds pursuant to paragraph
408(b) to refund any bonds previously issued regardless of whether
409the bonds being refunded were issued by the authority pursuant
410to this part or on behalf of the authority pursuant to the State
411Bond Act.
412     (2)  Any such resolution or resolutions authorizing any
413bonds hereunder may contain provisions which shall be part of
414the contract with the holders of such bonds as to:
415     (a)  The pledging of all or any part of the revenues,
416rates, fees, rentals, or other charges or receipts of the
417authority, derived by the authority, from the Southwest Florida
418Transportation System.
419     (b)  The completion, improvement, operation, extension,
420maintenance, repair, lease, or lease-purchase agreement of said
421system and the duties of the authority and others, including the
422department, with reference thereto.
423     (c)  Limitations on the purposes to which the proceeds of
424the bonds, then or thereafter to be issued, or of any loan or
425grant by the United States or the state may be applied.
426     (d)  The fixing, charging, establishing, and collecting of
427rates, fees, rentals, or other charges for use of the services
428and facilities of the Southwest Florida Transportation System or
429any part thereof.
430     (e)  The setting aside of reserves or sinking funds or
431repair and replacement funds and the regulation and disposition
432thereof.
433     (f)  Limitations on the issuance of additional bonds.
434     (g)  The terms and provisions of any lease-purchase
435agreement, deed of trust, or indenture securing the bonds or
436under which the same may be issued.
437     (h)  Any other or additional agreements with the holders of
438the bonds which the authority may deem desirable and proper.
439     (3)  The authority may employ fiscal agents as provided by
440this part, or the State Board of Administration may, upon
441request of the authority, act as fiscal agent for the authority
442in the issuance of any bonds which may be issued pursuant to
443this part, and the State Board of Administration may, upon
444request of the authority, take over the management, control,
445administration, custody, and payment of any or all debt services
446or funds or assets now or hereafter available for any bonds
447issued pursuant to this part. The authority may enter into any
448deeds of trust, indentures, or other agreements with its fiscal
449agent, or with any bank or trust company within or without the
450state, as security for such bonds and may, under such
451agreements, sign and pledge all or any of the revenues, rates,
452fees, rentals, or other charges or receipts of the authority.
453Such deed of trust, indenture, or other agreement may contain
454such provisions as are customary in such instruments or, as the
455authority may authorize, may include, without limitation,
456provisions as to:
457     (a)  The completion, improvement, operation, extension,
458maintenance, repair, and lease of, or lease-purchase agreement
459relating to, the Southwest Florida Transportation System and the
460duties of the authority and others, including the department,
461with reference thereto.
462     (b)  The application of funds and the safeguarding of funds
463on hand or on deposit.
464     (c)  The rights and remedies of the trustee and the holders
465of the bonds.
466     (d)  The terms and provisions of the bonds or the
467resolutions authorizing the issuance of same.
468     (4)  Any of the bonds issued pursuant to this part are, and
469are hereby declared to be, negotiable instruments and shall have
470all the qualities and incidents of negotiable instruments under
471the law merchant and the negotiable instruments law of the
472state.
473     (5)  Notwithstanding any of the provisions of this part,
474each project, building, or facility which has been financed by
475the issuance of bonds or other evidence of indebtedness under
476this part and any refinancing thereof is hereby approved as
477provided for in s. 11(f), Art. VII of the State Constitution.
478     348.9938  Lease-purchase agreement.--
479     (1)  In order to effectuate the purposes of this part and
480as authorized by this part, the authority may enter into a
481lease-purchase agreement with the department relating to and
482covering the Southwest Florida Transportation System.
483     (2)  Such lease-purchase agreement shall provide for the
484leasing of the Southwest Florida Transportation System by the
485authority, as lessor, to the department, as lessee; shall
486prescribe the term of such lease and the rentals to be paid
487thereunder; and shall provide that upon the completion of the
488faithful performance thereunder and the termination of such
489lease-purchase agreement, title in fee simple absolute to the
490Southwest Florida Transportation System as then constituted
491shall be transferred in accordance with law by the authority to
492the state and the authority shall deliver to the department such
493deeds and conveyances as shall be necessary or convenient to
494vest title in fee simple absolute in the state.
495     (3)  Such lease-purchase agreement may include such other
496provisions, agreements, and covenants as the authority and the
497department deem advisable or required, including, but not
498limited to, provisions as to the bonds to be issued under, and
499for the purposes of, this part; the completion, extension,
500improvement, operation, and maintenance of the Southwest Florida
501Transportation System and the expenses and the cost of operation
502of said authority; the charging and collection of tolls, rates,
503fees, and other charges for the use of the services and
504facilities thereof; the application of federal or state grants
505or aid which may be made or given to assist the authority in the
506completion, extension, improvement, operation, and maintenance
507of the Southwest Florida Transportation System, which the
508authority is hereby authorized to accept and apply to such
509purposes; the enforcement of payment and collection of rentals;
510and any other terms, provisions, or covenants necessary,
511incidental, or appurtenant to the making of and full performance
512under such lease-purchase agreement.
513     (4)  The department, as lessee under such lease-purchase
514agreement, is hereby authorized to pay as rentals thereunder any
515rates, fees, charges, funds, moneys, receipts, or income
516accruing to the department from the operation of the Southwest
517Florida Transportation System and may also pay as rentals any
518appropriations received by the department pursuant to any act of
519the Legislature of the state heretofore or hereafter enacted;
520provided, however, that nothing herein nor in such lease-
521purchase agreement is intended to nor shall this part or such
522lease-purchase agreement require the making or continuance of
523such appropriations, nor shall any holder of bonds issued
524pursuant to this part ever have any right to compel the making
525or continuance of such appropriations.
526     (5)  Said department shall have power to covenant in any
527lease-purchase agreement that it will pay all or any part of the
528cost of the operation, maintenance, repair, renewal, and
529replacement of said system, and any part of the cost of
530completing said system to the extent that the proceeds of bonds
531issued therefor are insufficient, from sources other than the
532revenues derived from the operation of said system. Said
533department may also agree to make such other payments from any
534moneys available to said commission, said county, or said city
535in connection with the construction or completion of said system
536as shall be deemed by said department to be fair and proper
537under any such covenants heretofore or hereafter entered into.
538     (6)  Said system shall be a part of the State Highway
539System and said department is hereby authorized, upon the
540request of the authority, to expend such moneys, out of any
541funds available for the purpose, and to use such of its
542engineering and other forces as may be necessary and desirable
543in the judgment of said department, for the operation of said
544authority and for traffic surveys, borings, surveys, preparation
545of plans and specifications, estimates of cost and other
546preliminary engineering, and other studies.
547     348.9939  Department may be appointed agent of authority
548for construction.--The department may be appointed by said
549authority as its agent for the purpose of constructing
550improvements and extensions to the Southwest Florida
551Transportation System and for the completion thereof. In such
552event, the authority shall provide the department with complete
553copies of all documents, agreements, resolutions, contracts, and
554instruments relating thereto and shall request the department to
555do such construction work, including the planning, surveying,
556and actual construction of the completion, extensions, and
557improvements to the Southwest Florida Transportation System, and
558shall transfer to the credit of an account of the department in
559the treasury of the state the necessary funds therefor, and the
560department shall thereupon be authorized, empowered, and
561directed to proceed with such construction and to use the said
562funds for such purpose in the same manner that it is now
563authorized to use the funds otherwise provided by law for its
564use in construction of roads and bridges.
565     348.994  Acquisition of lands and property.--
566     (1)  For the purposes of this part, the Southwest Florida
567Expressway Authority may acquire private or public property and
568property rights, including rights of access, air, view, and
569light, by gift, devise, purchase, or condemnation by eminent
570domain proceedings, as the authority may deem necessary for any
571of the purposes of this part, including, but not limited to, any
572lands reasonably necessary for securing applicable permits,
573areas necessary for management of access, borrow pits, drainage
574ditches, water retention areas, rest areas, replacement access
575for landowners whose access is impaired due to the construction
576of a facility, and replacement rights-of-way for relocated rail
577and utility facilities, for existing, proposed, or anticipated
578transportation facilities on the Southwest Florida
579Transportation System or in a transportation corridor designated
580by the authority. The authority shall also have the power to
581condemn any material and property necessary for such purposes.
582     (2)  The right of eminent domain herein conferred shall be
583exercised by the authority in the manner provided by law.
584     (3)  When the authority acquires property for a
585transportation facility or in a transportation corridor, it is
586not subject to any liability imposed by chapter 376 or chapter
587403 for preexisting soil or groundwater contamination due solely
588to its ownership. This section does not affect the rights or
589liabilities of any past or future owners of the acquired
590property, nor does it affect the liability of any governmental
591entity for the results of its actions which create or exacerbate
592a pollution source. The authority and the Department of
593Environmental Protection may enter into interagency agreements
594for the performance, funding, and reimbursement of the
595investigative and remedial acts necessary for property acquired
596by the authority.
597     348.9941  Cooperation with other units, boards, agencies,
598and individuals.--Express authority and power is hereby given
599and granted any county, municipality, drainage district, road
600and bridge district, school district, or any other political
601subdivision, board, commission, or individual in, or of, the
602state to make and enter into with the authority contracts,
603leases, conveyances, partnerships, or other agreements within
604the provisions and purposes of this part. The authority is
605hereby expressly authorized to make and enter into contracts,
606leases, conveyances, partnerships, and other agreements with any
607political subdivision, agency, or instrumentality of the state
608and any and all federal agencies, corporations, and individuals
609for the purpose of carrying out the provisions of this part.
610     348.9942  Covenant of the state.--The state does hereby
611pledge to and agree with any person, firm, corporation, or
612federal or state agency subscribing to or acquiring the bonds to
613be issued by the authority for the purposes of this part that
614the state will not limit or alter the rights hereby vested in
615the authority and the department until all bonds at any time
616issued, together with the interest thereon, are fully paid and
617discharged insofar as the same affects the rights of the holders
618of bonds issued hereunder. The state does further pledge to and
619agree with the United States that in the event any federal
620agency shall construct or contribute any funds for the
621completion, extension, or improvement of the Southwest Florida
622Transportation System, or any part or portion thereof, the state
623will not alter or limit the rights and powers of the authority
624and the department in any manner which would be inconsistent
625with the continued maintenance and operation of the Southwest
626Florida Transportation System or the completion, extension, or
627improvement thereof or which would be inconsistent with the due
628performance of any agreements between the authority and any such
629federal agency, and the authority and the department shall
630continue to have and may exercise all powers herein granted, so
631long as the same shall be necessary or desirable for the
632carrying out of the purposes of this part and the purposes of
633the United States in the completion, extension, or improvement
634of the Southwest Florida Transportation System or any part or
635portion thereof.
636     348.9943  Exemption from taxation.--The effectuation of the
637authorized purposes of the authority created under this part is,
638shall, and will be in all respects for the benefit of the people
639of the state, for the increase of their commerce and prosperity,
640and for the improvement of their health and living conditions,
641and since such authority will be performing essential
642governmental functions in effectuating such purposes, such
643authority shall not be required to pay any taxes or assessments
644of any kind or nature whatsoever upon any property acquired or
645used by it for such purposes, or upon any rates, fees, rentals,
646receipts, income, or charges at any time received by it, and the
647bonds issued by the authority, their transfer, and the income
648therefrom, including any profits made on the sale thereof, shall
649at all times be free from taxation of any kind by the state, or
650by any political subdivision, taxing agency, or instrumentality
651thereof. The exemption granted by this section shall not be
652applicable to any tax imposed by chapter 220 on interest,
653income, or profits on debt obligations owned by corporations.
654     348.9944  Eligibility for investments and security.--Any
655bonds or other obligations issued pursuant to this part shall be
656and constitute legal investments for banks, savings banks,
657trustees, executors, administrators, and all other fiduciaries
658and for all state, municipal, and other public funds and shall
659also be and constitute securities eligible for deposit as
660security for all state, municipal, or other public funds,
661notwithstanding the provisions of any other law or laws to the
662contrary.
663     348.9945  Pledges enforceable by bondholders.--It is the
664express intention of this part that any pledge by the department
665of rates, fees, revenues, or other funds, as rentals, to the
666authority, or any covenants or agreements relative thereto, may
667be enforceable in any court of competent jurisdiction against
668the authority or directly against the department by any holder
669of bonds issued by the authority.
670     348.9946  This part complete and additional authority.--
671     (1)  The powers conferred by this part shall be in addition
672and supplemental to the existing powers of said authority and
673the department, and this part shall not be construed as
674repealing any of the provisions of any other law, general,
675special, or local, but to supersede such other laws in the
676exercise of the powers provided in this part and to provide a
677complete method for the exercise of the powers granted in this
678part. The extension and improvement of said Southwest Florida
679Transportation System, and the issuance of bonds hereunder to
680finance all or part of the cost thereof, may be accomplished
681upon compliance with the provisions of this part without regard
682to or necessity for compliance with the provisions, limitations,
683or restrictions contained in any other general, special, or
684local law, including, but not limited to, s. 215.821, and no
685approval of any bonds issued under this part by the qualified
686electors or qualified electors who are freeholders in the state
687or in said Collier County or Lee County, or in any city within
688these two counties, or in any other political subdivision of the
689state, shall be required for the issuance of such bonds pursuant
690to this part.
691     (2)  This part shall not be deemed to repeal, rescind, or
692modify any other law or laws relating to said State Board of
693Administration, said Department of Transportation, or the
694Division of Bond Finance of the State Board of Administration
695but shall be deemed to and shall supersede such other law or
696laws as are inconsistent with the provisions of this part,
697including, but not limited to, s. 215.821.
698     348.9947  Changes to this part.--It is the intent of the
699Legislature that any changes to this part be approved by the
700Boards of County Commissioners of Lee and Collier Counties.
701     Section 2.  Sunset of the Southwest Florida Expressway
702Authority's duties and powers.--The powers conferred to the
703Southwest Florida Expressway Authority and part X of chapter
704348, Florida Statutes, the statutory establishment of the
705Southwest Florida Expressway Authority, shall expire 12 years
706after this act takes effect if the Southwest Florida Expressway
707Authority has no outstanding indebtedness, no studies underway,
708no design underway, and no projects under construction and is
709not operating or maintaining any part of the system it was
710established to create.
711     Section 3.  This act shall take effect upon resolutions in
712support of this act being passed by both the Lee County Board of
713County Commissioners and the Collier County Board of County
714Commissioners, but no sooner than July 1, 2005, in the event the
715boards pass such resolutions prior to that date, except that
716this section shall take effect upon this act becoming a law.


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