Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 460
                        Barcode 971814
                            CHAMBER ACTION
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       05/04/2005 10:41 AM         .                    
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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,
15  
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 2 5:47 PM 05/03/05 s0460c3c-30-tbb
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 3 5:47 PM 05/03/05 s0460c3c-30-tbb
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 971814 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 4 5:47 PM 05/03/05 s0460c3c-30-tbb
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 971814 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. 7 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 5 5:47 PM 05/03/05 s0460c3c-30-tbb
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 971814 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. 6 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, 6 5:47 PM 05/03/05 s0460c3c-30-tbb
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. 12 13 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 7 5:47 PM 05/03/05 s0460c3c-30-tbb
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; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 5:47 PM 05/03/05 s0460c3c-30-tbb