Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 460
                        Barcode 602452
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 01:53 PM         .                    
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 55, between lines 2 and 3,
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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)
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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