Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 971814
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 24, between lines 29 and 30,
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16 insert:
17 Section 9. 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 10. 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 971814
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 11. 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
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 971814
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) The bonds shall be sold by the authority at public
8 sale by competitive bid. However, if the authority, after
9 receipt of a written recommendation from a financial adviser,
10 determines by official action, after a public hearing by a
11 two-thirds vote of all voting members of the authority, that a
12 negotiated sale of the bonds is in the best interest of the
13 authority, the authority may negotiate for sale of the bonds
14 with the underwriter or underwriters designated by the
15 authority. The authority shall provide specific findings in a
16 resolution as to the reasons requiring the negotiated sale,
17 which resolution shall incorporate and have attached thereto
18 the written recommendation of the financial adviser required
19 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
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
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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 12. Section 343.58, Florida Statutes, is
5 amended to read:
6 343.58 County Funding for the South Florida Regional
7 Transportation Authority.--
8 (1) Each county served by the South Florida Regional
9 Transportation Authority must dedicate and transfer not less
10 than $2.67 million to the authority prior to October 31 of
11 each fiscal year annually. The recurring annual $2.67 million
12 must be dedicated by the governing body of each county by
13 August 1, 2003. Notwithstanding ss. 206.41 and 206.87, such
14 dedicated funding may come from each county's share of the
15 ninth-cent fuel tax, the local option fuel tax, or any other
16 source of local gas taxes or other nonfederal funds available
17 to the counties. In addition, the Legislature authorizes the
18 levy of an annual license tax in the amount of $2 for the
19 registration or renewal of registration of each vehicle taxed
20 under s. 320.08 and registered in the area served by the South
21 Florida Regional Transportation Authority. The annual license
22 tax shall take effect in any county served by the authority
23 upon approval by the residents in a county served by the
24 authority. The annual license tax shall be levied and the
25 Department of Highway Safety and Motor Vehicles shall remit
26 the proceeds each month from the tax to the South Florida
27 Regional Transportation Authority.
28 (2) In addition, Each county served by the South
29 Florida Regional Transportation Authority shall continue to
30 annually fund the operations of the South Florida Regional
31 Transportation authority in an amount not less than $1.565
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
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1 million. The recurring annual $1.565 million must be dedicated
2 and transferred by each county by October 31 of each fiscal
3 year.
4 (3) Revenues raised Such funds pursuant to this
5 section subsection shall also be considered a dedicated
6 funding source.
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8 If, by December 31, 2011 2009, the South Florida Regional
9 Transportation Authority has not received federal matching
10 funds based upon the dedication of funds under this section
11 subsection (1), this section subsection (1) shall be repealed.
12 Section 13. Subsection (1) of section 120.52, Florida
13 Statutes, is amended to read:
14 120.52 Definitions.--As used in this act:
15 (1) "Agency" means:
16 (a) The Governor in the exercise of all executive
17 powers other than those derived from the constitution.
18 (b) Each:
19 1. State officer and state department, and each
20 departmental unit described in s. 20.04.
21 2. Authority, including a regional water supply
22 authority.
23 3. Board.
24 4. Commission, including the Commission on Ethics and
25 the Fish and Wildlife Conservation Commission when acting
26 pursuant to statutory authority derived from the Legislature.
27 5. Regional planning agency.
28 6. Multicounty special district with a majority of its
29 governing board comprised of nonelected persons.
30 7. Educational units.
31 8. Entity described in chapters 163, 373, 380, and 582
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
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1 and s. 186.504.
2 (c) Each other unit of government in the state,
3 including counties and municipalities, to the extent they are
4 expressly made subject to this act by general or special law
5 or existing judicial decisions.
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7 This definition does not include any legal entity or agency
8 created in whole or in part pursuant to chapter 361, part II,
9 any metropolitan planning organization created pursuant to s.
10 339.175, any separate legal or administrative entity created
11 pursuant to s. 339.175 of which a metropolitan planning
12 organization is a member, a regional transportation authority
13 created pursuant to chapter 343, an expressway authority
14 pursuant to chapter 348, any legal or administrative entity
15 created by an interlocal agreement pursuant to s. 163.01(7),
16 unless any party to such agreement is otherwise an agency as
17 defined in this subsection, or any multicounty special
18 district with a majority of its governing board comprised of
19 elected persons; however, this definition shall include a
20 regional water supply authority.
21 Section 14. Paragraph (b) of subsection (4) of section
22 163.3180, Florida Statutes, is amended to read:
23 163.3180 Concurrency.--
24 (4)
25 (b) The concurrency requirement as implemented in
26 local comprehensive plans does not apply to public transit
27 facilities or transit-oriented development master plans. For
28 the purposes of this paragraph, public transit facilities
29 include transit stations and terminals, transit station
30 parking, park-and-ride lots, intermodal public transit
31 connection or transfer facilities, and fixed bus, guideway,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 971814
1 and rail stations. For the purposes of this paragraph,
2 transit-oriented development master plans are plans adopted by
3 a local governing body that graphically depict the locations
4 of transit stations, roadways, buildings, public spaces, and
5 civic spaces within a quarter-mile to half-mile radius of the
6 transit station. As used in this paragraph, the terms
7 "terminals" and "transit facilities" do not include airports
8 or seaports or commercial or residential development
9 constructed in conjunction with a public transit facility,
10 except as may be constructed within a transit-oriented
11 development master plan.
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 3, line 4, after the semicolon,
17
18 insert:
19 amending s. 343.52, F.S.; revising the
20 definition of "transit system" for purposes of
21 the South Florida Regional Transportation
22 Authority Act; amending s. 343.54, F.S.;
23 revising powers and duties of that authority;
24 removing reference to commuter rail systems;
25 amending s. 343.55, F.S.; providing for
26 issuance of revenue bonds authorized by
27 resolution of the authority; providing for sale
28 and security of the bonds; providing that the
29 bonds are negotiable securities; amending s.
30 343.58, F.S.; revising provisions for funding
31 for the authority; providing for minimum county
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
Barcode 971814
1 contributions to the authority; removing a
2 vehicle registration tax levied by the
3 authority; requiring counties served by the
4 authority to annually transfer certain funds
5 before a certain date; revising timeframe for
6 repeal of specified funding provisions under
7 certain circumstances; amending s. 120.52,
8 F.S.; providing that specified regional
9 transportation authorities are not agencies
10 under the Administrative Procedure Act;
11 amending s. 163.3180, F.S.; providing that
12 comprehensive plan concurrency requirements do
13 not apply to transit-oriented development
14 master plans; providing criteria for such
15 plans;
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