Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
CHAMBER ACTION
Senate House
.
.
1 WD/2R .
05/04/2005 01:53 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Geller moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 55, between lines 2 and 3,
15
16 insert:
17 Section 12. Subsection (4) of section 343.52, Florida
18 Statutes, is amended to read:
19 343.52 Definitions.--As used in this part, the term:
20 (4) "Transit system" means a system used for the
21 transportation of people and goods by means of, without
22 limitation, a street railway, an inland waterway, an elevated
23 railway having a fixed guideway, a commuter railroad, a
24 subway, motor vehicles, or motor buses, and includes a
25 complete system of tracks, stations, and rolling stock
26 necessary to effectuate passenger service to or from the
27 surrounding regional municipalities.
28 Section 13. Paragraph (b) of subsection (1) of section
29 343.54, Florida Statutes, is amended to read:
30 343.54 Powers and duties.--
31 (1)
1
7:20 PM 05/02/05 s0460c3c-31-e0a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
1 (b) It is the express intention of this part that the
2 authority be authorized to plan, develop, own, purchase,
3 lease, or otherwise acquire, demolish, construct, improve,
4 relocate, equip, repair, maintain, operate, and manage a
5 transit system and transit facilities; to establish and
6 determine the policies necessary for the best interest of the
7 operation and promotion of a transit system; and to adopt
8 rules necessary to govern the operation of a transit commuter
9 rail system and transit commuter rail facilities. It is the
10 intent of the Legislature that the South Florida Regional
11 Transportation Authority shall have overall authority to
12 coordinate, develop, and operate a regional transportation
13 system within the area served.
14 Section 14. Subsection (3) of section 343.55, Florida
15 Statutes, is amended to read:
16 343.55 Issuance of Revenue bonds.--
17 (3)(a) The authority may issue bonds from time to time
18 that do not pledge the full faith and credit of the state in
19 such principal amount as, in the opinion of the authority, is
20 necessary to provide sufficient moneys for achieving its
21 corporate purposes.
22 (b) The bonds of the authority, whether on original
23 issuance or refunding, must be authorized by resolution of the
24 authority after a public hearing, may be either term or serial
25 bonds in such principal amounts as the authority may
26 determine, and shall bear such date or dates, mature at such
27 time or times, bear interest at such rate or rates, be in such
28 denominations, be in such form, either coupon or fully
29 registered, carry such registration, exchangeability, and
30 interchangeability privileges, be payable in such medium of
31 payment and at such place or places and at such times, be
2
7:20 PM 05/02/05 s0460c3c-31-e0a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
1 subject to such terms of redemption, and be entitled to such
2 priorities on the revenues, rates, fees, rentals, or other
3 charges or receipts of the authority as such resolution or any
4 resolution subsequent thereto may provide. The bonds must be
5 executed by such officers as the authority determines under
6 the requirements of s. 279.06.
7 (c) Said bonds shall be sold by the authority at
8 public sale by competitive bid. However, if the authority,
9 after receipt of a written recommendation from a financial
10 adviser, shall determine by official action after public
11 hearing by a two-thirds vote of all voting members of the
12 authority that a negotiated sale of the bonds is in the best
13 interest of the authority, the authority may negotiate for
14 sale of the bonds with the underwriter or underwriters
15 designated by the authority. The authority shall provide
16 specific findings in a resolution as to the reasons requiring
17 the negotiated sale, which resolution shall incorporate and
18 have attached thereto the written recommendation of the
19 financial adviser required by this paragraph.
20 (d) Any such resolution or resolutions authorizing any
21 bonds hereunder may contain provisions that are part of the
22 contract with the holders of the bonds as the authority
23 determines proper. In addition, the authority may enter into
24 trust indentures or other agreements with a fiscal agent, or
25 with any bank or trust company within or without the state, as
26 security for such bonds and may, under the agreements, assign
27 and pledge the revenues, rates, fees, rentals, tolls, or other
28 charges or receipts of the authority.
29 (e) Bonds issued pursuant to this part are negotiable
30 instruments and have all the qualities and incidents of
31 negotiable instruments under the law merchant and the
3
7:20 PM 05/02/05 s0460c3c-31-e0a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
1 negotiable instruments law of the state. The Division of Bond
2 Finance is authorized to issue revenue bonds on behalf of the
3 authority to finance or refinance the cost of projects.
4 Section 15. Subsection (1) of section 120.52, Florida
5 Statutes, is amended to read:
6 120.52 Definitions.--As used in this act:
7 (1) "Agency" means:
8 (a) The Governor in the exercise of all executive
9 powers other than those derived from the constitution.
10 (b) Each:
11 1. State officer and state department, and each
12 departmental unit described in s. 20.04.
13 2. Authority, including a regional water supply
14 authority.
15 3. Board.
16 4. Commission, including the Commission on Ethics and
17 the Fish and Wildlife Conservation Commission when acting
18 pursuant to statutory authority derived from the Legislature.
19 5. Regional planning agency.
20 6. Multicounty special district with a majority of its
21 governing board comprised of nonelected persons.
22 7. Educational units.
23 8. Entity described in chapters 163, 373, 380, and 582
24 and s. 186.504.
25 (c) Each other unit of government in the state,
26 including counties and municipalities, to the extent they are
27 expressly made subject to this act by general or special law
28 or existing judicial decisions.
29
30 This definition does not include any legal entity or agency
31 created in whole or in part pursuant to chapter 361, part II,
4
7:20 PM 05/02/05 s0460c3c-31-e0a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
1 any metropolitan planning organization created pursuant to s.
2 339.175, any separate legal or administrative entity created
3 pursuant to s. 339.175 of which a metropolitan planning
4 organization is a member, a regional transportation authority
5 created pursuant to chapter 343, an expressway authority
6 pursuant to chapter 348, any legal or administrative entity
7 created by an interlocal agreement pursuant to s. 163.01(7),
8 unless any party to such agreement is otherwise an agency as
9 defined in this subsection, or any multicounty special
10 district with a majority of its governing board comprised of
11 elected persons; however, this definition shall include a
12 regional water supply authority.
13 Section 16. Paragraph (b) of subsection (4) of section
14 163.3180, Florida Statutes, is amended to read:
15 163.3180 Concurrency.--
16 (4)
17 (b) The concurrency requirement as implemented in
18 local comprehensive plans does not apply to public transit
19 facilities or transit-oriented development master plans. For
20 the purposes of this paragraph, public transit facilities
21 include transit stations and terminals, transit station
22 parking, park-and-ride lots, intermodal public transit
23 connection or transfer facilities, and fixed bus, guideway,
24 and rail stations. For the purposes of this paragraph,
25 transit-oriented development master plans are plans adopted by
26 a local governing body that graphically depict the locations
27 of transit stations, roadways, buildings, public spaces, and
28 civic spaces within a quarter-mile to half-mile radius of the
29 transit station. As used in this paragraph, the terms
30 "terminals" and "transit facilities" do not include airports
31 or seaports or commercial or residential development
5
7:20 PM 05/02/05 s0460c3c-31-e0a
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 602452
1 constructed in conjunction with a public transit facility,
2 except as may be constructed within a transit-oriented
3 development master plan.
4
5 (Redesignate subsequent sections.)
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 4, line 22, after the semicolon,
11
12 insert:
13 amending s. 343.52, F.S.; revising the
14 definition of "transit system" for purposes of
15 the South Florida Regional Transportation
16 Authority Act; amending s. 343.54, F.S.;
17 revising powers and duties of that authority;
18 removing reference to commuter rail systems;
19 amending s. 343.55, F.S.; providing for
20 issuance of revenue bonds authorized by
21 resolution of the authority; providing for sale
22 and security of the bonds; providing that the
23 bonds are negotiable securities; amending s.
24 120.52, F.S.; providing that specified regional
25 transportation authorities are not agencies
26 under the Administrative Procedure Act;
27 amending s. 163.3180, F.S.; providing that
28 comprehensive plan concurrency requirements do
29 not apply to transit-oriented development
30 master plans; providing criteria for such
31 plans;
6
7:20 PM 05/02/05 s0460c3c-31-e0a