Amendment
Bill No. 1766
Amendment No. 458931
CHAMBER ACTION
Senate House
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1Representatives Galvano, Ambler, Glorioso, and Sansom offered
2the following:
3
4     Amendment (with title amendment)
5     On page 69, between lines 7 and 8, insert:
6     Section 31.  Part V of chapter 343, Florida Statutes,
7consisting of sections 343.90, 343.91, 343.92, 343.922, 343.94,
8343.941, 343.943, 343.944, 343.945, 343.946, 343.947, 343.95,
9343.96, 343.962, 343.97, 343.973, and 343.975, is created to
10read:
11     343.90  Short title.--This part may be cited as the "Tampa
12Bay Regional Transportation Authority Act."
13     343.91  Definitions.--
14     (1)  The following terms, whenever used or referred to in
15this part, shall have the following meanings, except in those
16instances where the context clearly indicates otherwise:
17     (a)  "Authority" means the Tampa Bay Regional
18Transportation Authority, the body politic and corporate and
19agency of the state created by this part.
20     (b)  "Board" means the governing body of the authority.
21     (c)  "Bonds" means the notes, bonds, refunding bonds, or
22other evidences of indebtedness or obligations, in either
23temporary or definitive form, which the authority is authorized
24to issue under this part.
25     (d)  "Consultation" means that one party confers with
26another identified party in accordance with an established
27process and, prior to taking action, considers that party's
28views and periodically informs that party about actions taken.
29     (e)  "Coordination" means the comparison of the
30transportation plans, programs, and schedules of one agency with
31related plans, programs, and schedules of other agencies or
32entities with legal standing, and adjustment of plans, programs,
33and schedules to achieve general consistency to the extent
34practicable.
35     (f)  "Department" means the Department of Transportation.
36     (g)  "Lease-purchase agreement" means the lease-purchase
37agreements that the authority is authorized under this part to
38enter into with the department.
39     (h)  "Limited access expressway" or "expressway" means a
40street or highway especially designed for through traffic and
41over, from, or to which a person does not have the right of
42easement, use, or access except in accordance with the rules
43adopted and established by the authority for the use of such
44facility. Such a highway or street may be a parkway from which
45trucks, buses, and other commercial vehicles are excluded or it
46may be a freeway open to use by all customary forms of street
47and highway traffic.
48     (i)  "Members" means the individuals constituting the
49authority.
50     (j)  "State Board of Administration" means the body
51corporate existing under the provisions of s. 9, Art. XII of the
52State Constitution, or any successor thereto.
53     (2)  Terms importing singular number include the plural
54number in each case and vice versa, and terms importing persons
55include firms and corporations.
56     343.92  Tampa Bay Regional Transportation Authority.--
57     (1)  There is created and established a body politic and
58corporate, an agency of the state, to be known as the Tampa Bay
59Regional Transportation Authority, hereinafter referred to as
60the authority.
61     (2)  Voting membership on the governing board of the
62authority shall be appointed as follows:
63     (a)  The county commissions of Citrus, Hernando,
64Hillsborough, Pasco, Pinellas, Manatee, Sarasota, and Polk
65Counties shall each appoint a nonelected citizen member to the
66authority governing board who is a resident and a qualified
67elector of that county. As far as is practicable, the citizen
68member shall represent the business and civic interests of the
69community.
70     (b)  The Bay Area Regional Transportation Planning
71Organization shall appoint one of its members to the governing
72board.
73     (3)(a)  The local transit authority in each of the eight
74counties shall elect one member who shall serve as an ex
75officio, nonvoting member of the board.
76     (b)  The Secretary of Transportation shall appoint as an ex
77officio, nonvoting member of the board the district secretary,
78or his or her designee, for each district within the eight
79counties served by the authority.
80     (4)  The terms of the appointees on the governing board of
81the authority shall be 2 years. Each member shall hold office
82until his or her successor has been appointed.
83     (5)  A vacancy during a term shall be filled by the
84respective appointing authority within 90 days in the same
85manner as the original appointment and only for the balance of
86the unexpired term.
87     (6)  The members of the authority shall serve without
88compensation but shall be entitled to receive from the authority
89reimbursement for travel expenses and per diem actually incurred
90in connection with the business of the authority as provided in
91s. 112.061.
92     (7)  Members of the authority shall be required to comply
93with the applicable financial disclosure requirements of ss.
94112.3145, 112.3148, and 112.3149.
95     (8)  The authority may employ an executive director, an
96executive secretary, its own counsel and legal staff, technical
97experts, engineers, and such employees, permanent or temporary,
98as it may require. The authority shall determine the
99qualifications and fix the compensation of such persons, firms,
100or corporations and may employ a fiscal agent or agents;
101however, the authority shall solicit sealed proposals from at
102least three persons, firms, or corporations for the performance
103of any services as fiscal agents. The authority may delegate, as
104it shall deem necessary, its power to one or more of its agents
105or employees to carry out the purposes of this part, subject
106always to the supervision and control of the authority.
107     (9)  The authority may establish technical advisory
108committees to provide guidance and advice on regional
109transportation issues. The authority shall establish the size,
110composition, and focus of any technical advisory committee
111created. Persons appointed to a technical advisory committee
112shall serve without compensation but shall be entitled to per
113diem or travel expenses as provided in s. 112.061.
114     343.922  Powers and duties.--
115     (1)  The express purposes of the authority are to improve
116mobility and expand transportation options in the Tampa Bay
117region.
118     (2)(a)  The authority has the right to construct, own,
119operate, maintain, and manage any feeder roads, reliever roads,
120connector roads, bypasses, or appurtenant facilities, including
121public transportation projects, that are intended to address a
122critical transportation need or concern in the Tampa Bay region
123as identified by the authority by July 1, 2008. These projects
124may also include all necessary approaches, roads, bridges, and
125avenues of access that are desirable and proper with the
126concurrence of the department, as applicable, if the project is
127to be part of the State Highway System.
128     (b)  Any transportation facilities constructed by the
129authority may be tolled. Tolling technologies shall be
130consistent with the systems used by the Turnpike Enterprise for
131the purpose of allowing the use of a single transponder or a
132similar electronic tolling device for all facilities of the
133authority and the Turnpike Enterprise.
134     (c)  Any projects constructed by the authority must be
135constructed in consultation with the Bay Area Regional
136Transportation Planning Organization.
137     (d)  Any public transportation projects constructed by the
138authority must be constructed in coordination with the Tampa Bay
139Commuter Transit Authority.
140     (3)(a)  The authority shall develop and adopt a regional
141transportation master plan no later than July 1, 2008. The goals
142and objectives of the master plan are to identify areas of the
143Tampa Bay region where mobility, traffic safety, and efficient
144hurricane evacuation need to be improved; identify areas of the
145region where highway and appurtenant facilities would be most
146beneficial to enhance mobility and economic development; develop
147methods of building partnerships with local governments,
148expressway authorities, other local, state, and federal
149entities, the private-sector business community, and the public
150in support of regional transportation improvements; identify
151projects that will accomplish these goals and objectives,
152including, without limitation, the road projects that address a
153critical transportation need or concern, pursuant to subsection
154(2); and identify the costs of the proposed projects and revenue
155sources that could be used to pay those costs. The adoption of
156the master plan by the authority is not a rule subject to the
157rulemaking procedures of chapter 120.
158     (b)  After its adoption, the master plan shall be updated
159annually before July 1.
160     (c)  The authority shall present the original master plan
161and updates to the governing bodies of the counties within the
162eight-county region and to the legislative delegation members
163representing those counties within 90 days after adoption.
164     (4)  The authority may undertake projects or other
165improvements in the master plan in phases as particular projects
166or segments become feasible, as determined by the authority. All
167projects or other transportation improvements must be consistent
168with the applicable adopted comprehensive plans of local
169governments within whose jurisdictions the projects or
170improvements will be located. In carrying out its purposes and
171powers, the authority may request funding and technical
172assistance from the department and appropriate federal and local
173agencies, including, but not limited to, state infrastructure
174bank loans, advances from the Toll Facilities Revolving Trust
175Fund, and funding and technical assistance from any other
176source.
177     (5)  The authority is granted and may exercise all powers
178necessary, appurtenant, convenient, or incidental to the
179carrying out of the aforesaid purposes, including, but not
180limited to, the following rights and powers:
181     (a)  To sue and be sued, implead and be impleaded, and
182complain and defend in all courts in its own name.
183     (b)  To adopt and use a corporate seal.
184     (c)  To have the power of eminent domain, including the
185procedural powers granted under chapters 73 and 74.
186     (d)  To acquire by donation or otherwise, purchase, hold,
187construct, maintain, improve, operate, own, lease as a lessee,
188and use any franchise or property, real, personal, or mixed,
189tangible or intangible, or any option thereof in its own name or
190in conjunction with others, or any interest therein, necessary
191or desirable for carrying out the purposes of the authority.
192     (e)  To sell, convey, exchange, lease as a lessor,
193transfer, or otherwise dispose of any real or personal property,
194or interest therein, acquired by the authority, including air
195rights.
196     (f)  To fix, alter, establish, and collect rates, fares,
197fees, rentals, tolls, and other charges for the services and use
198of any highways, feeder roads, bridges, or other transportation
199facilities owned or operated by the authority. These rates,
200fares, fees, rentals, tolls, and other charges shall always be
201sufficient to comply with any covenants made with the holders of
202any bonds issued pursuant to this part; however, such right and
203power may be assigned or delegated by the authority to the
204department. The authority may not impose tolls or other charges
205on existing highways and other transportation facilities within
206the eight-county Tampa Bay region.
207     (g)  To borrow money and to make and issue negotiable
208notes, bonds, refunding bonds, and other evidences of
209indebtedness or obligations, either in temporary or definitive
210form, hereinafter in this chapter sometimes called "revenue
211bonds" of the authority, for the purpose of financing all or
212part of the mobility improvements within the Tampa Bay region,
213as well as the appurtenant facilities, including all approaches,
214streets, roads, bridges, and avenues of access authorized by
215this part, the bonds to mature not exceeding 40 years after the
216date of the issuance thereof, and to secure the payment of such
217bonds or any part thereof by a pledge of any or all of its
218revenues, rates, fees, rentals, or other charges.
219     (h)  To adopt bylaws for the regulation of the affairs and
220the conduct of the business of the authority. The bylaws shall
221provide for quorum and voting requirements, maintenance of
222minutes and other official records, and preparation and adoption
223of an annual budget.
224     (i)  To lease, rent, or contract for the operation or
225management of any part of a highway facility built by the
226authority. In awarding any contract, the authority shall
227consider, but is not limited to, the following:
228     1.  The qualifications of each applicant.
229     2.  The level of service.
230     3.  The efficiency, cost, and anticipated revenue.
231     4.  The construction, operation, and management plan.
232     5.  The financial ability to provide reliable service.
233     6.  The impact on other transportation modes, including the
234ability to interface with other transportation modes and
235facilities.
236     (j)  To enforce collection of rates, fees, tolls, and
237charges and to establish and enforce fines and penalties for
238violations of any rules.
239     (k)  To advertise and promote highway facilities and the
240general activities of the authority.
241     (l)  To cooperate with other governmental entities and to
242contract with other governmental agencies, including the Federal
243Government, the department, counties, municipalities, and
244expressway and bridge authorities.
245     (m)  To enter into joint development agreements,
246partnerships, and other agreements with public and private
247entities respecting ownership and revenue participation in order
248to facilitate financing and constructing any project or portions
249thereof.
250     (n)  To accept grants and other funds from other
251governmental sources and to accept private donations. However,
252the authority shall not be eligible for Transportation Regional
253Incentive Program funds allocated pursuant to s. 339.2819.
254     (o)  To purchase directly from local, national, or
255international insurance companies liability insurance that the
256authority is contractually and legally obligated to provide,
257notwithstanding the requirements of s. 287.022(1).
258     (p)  To enter into and make lease-purchase agreements with
259the department for terms not exceeding 40 years or until any
260bonds secured by a pledge of rentals thereunder, and any
261refundings thereof, are fully paid as to both principal and
262interest, whichever is longer.
263     (q)  To make contracts of every name and nature, including,
264but not limited to, partnerships providing for participation in
265ownership and revenues, and to execute all instruments necessary
266or convenient for the carrying on of its business.
267     (r)  To do all acts and things necessary or convenient for
268the conduct of its business and the general welfare of the
269authority in order to carry out the powers granted to it by this
270part or any other law.
271     (6)  The authority shall institute procedures to ensure
272that jobs created as a result of state funding pursuant to this
273section shall be subject to equal opportunity hiring practices
274as provided for in s. 110.112.
275     (7)  The authority shall comply with all statutory
276requirements of general application which relate to the filing
277of any report or documentation required by law, including the
278requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
279     (8)  The authority does not have power at any time or in
280any manner to pledge the credit or taxing power of the state or
281any political subdivision or agency thereof, nor shall any of
282the authority's obligations be deemed to be obligations of the
283state or of any political subdivision or agency thereof, nor
284shall the state or any political subdivision or agency thereof,
285except the authority, be liable for the payment of the principal
286of or interest on such obligations.
287     343.94  Bond financing authority.--
288     (1)  Pursuant to s. 11(f), Art. VII of the State
289Constitution, the Legislature approves bond financing by the
290Tampa Bay Regional Transportation Authority for construction of
291or improvements to highways, bridges, toll collection
292facilities, interchanges to the system, and any other
293transportation facility appurtenant, necessary, or incidental to
294the system. Subject to terms and conditions of applicable
295revenue bond resolutions and covenants, such costs may be
296financed in whole or in part by revenue bonds issued pursuant to
297paragraph (2)(a) or paragraph (2)(b), whether currently issued
298or issued in the future or by a combination of such bonds.
299     (2)(a)  Bonds may be issued on behalf of the authority
300pursuant to the State Bond Act.
301     (b)  Alternatively, the authority may issue its own bonds
302pursuant to this part at such times and in such principal amount
303as, in the opinion of the authority, is necessary to provide
304sufficient moneys for achieving its purposes; however, such
305bonds may not pledge the full faith and credit of the state.
306Bonds issued by the authority pursuant to this paragraph or
307paragraph (a), whether on original issuance or on refunding,
308shall be authorized by resolution of the members thereof, may be
309either term or serial bonds, and shall bear such date or dates,
310mature at such time or times, not exceeding 40 years after their
311respective dates, bear interest at such rate or rates, be
312payable semiannually, be in such denominations, be in such form,
313either coupon or fully registered, carry such registration,
314exchangeability, and interchangeability privileges, be payable
315in such medium of payment and at such place or places, be
316subject to such terms of redemption, and be entitled to such
317priorities on the revenues, rates, fees, rentals, or other
318charges or receipts of the authority, including revenues from
319lease-purchase agreements, as such resolution or any resolution
320subsequent thereto may provide. The bonds shall be executed
321either by manual or facsimile signature by such officers as the
322authority shall determine; however, such bonds shall bear at
323least one signature that is manually executed thereon, and the
324coupons attached to such bonds shall bear the facsimile
325signature or signatures of such officer or officers as shall be
326designated by the authority and have the seal of the authority
327affixed, imprinted, reproduced, or lithographed thereon, all as
328may be prescribed in such resolution or resolutions.
329     (c)  Bonds issued pursuant to paragraph (a) or paragraph
330(b) shall be sold at public sale in the manner provided by the
331State Bond Act. However, if the authority, by official action at
332a public meeting, determines that a negotiated sale of such
333bonds is in the best interest of the authority, the authority
334may negotiate the sale of such bonds with the underwriter
335designated by the authority and the Division of Bond Finance
336within the State Board of Administration with respect to bonds
337issued pursuant to paragraph (a) or solely by the authority with
338respect to bonds issued pursuant to paragraph (b). The
339authority's determination to negotiate the sale of such bonds
340may be based, in part, upon the written advice of the
341authority's financial adviser. Pending the preparation of
342definitive bonds, interim certificates may be issued to the
343purchaser or purchasers of such bonds and may contain such terms
344and conditions as the authority may determine.
345     (d)  The authority may issue bonds pursuant to paragraph
346(b) to refund any bonds previously issued regardless of whether
347the bonds being refunded were issued by the authority pursuant
348to this chapter or on behalf of the authority pursuant to the
349State Bond Act.
350     (3)  Any such resolution or resolutions authorizing any
351bonds hereunder may contain provisions that are part of the
352contract with the holders of such bonds, as to:
353     (a)  The pledging of all or any part of the revenues,
354rates, fees, rentals, or other charges or receipts of the
355authority, derived by the authority.
356     (b)  The completion, improvement, operation, extension,
357maintenance, repair, or lease of, or lease-purchase agreement
358relating to, the system and the duties of the authority and
359others, including the department, with reference thereto.
360     (c)  Limitations on the purposes to which the proceeds of
361the bonds, then or thereafter to be issued, or of any loan or
362grant by the United States or the state may be applied.
363     (d)  The fixing, charging, establishing, and collecting of
364rates, fees, rentals, or other charges for use of the services
365and facilities constructed by the authority.
366     (e)  The setting aside of reserves or sinking funds or
367repair and replacement funds and the regulation and disposition
368thereof.
369     (f)  Limitations on the issuance of additional bonds.
370     (g)  The terms and provisions of any lease-purchase
371agreement, deed of trust, or indenture securing the bonds or
372under which the same may be issued.
373     (h)  Any other or additional agreements with the holders of
374the bonds which the authority may deem desirable and proper.
375     (4)  The authority may employ fiscal agents as provided by
376this part or the State Board of Administration may, upon request
377of the authority, act as fiscal agent for the authority in the
378issuance of any bonds that are issued pursuant to this part, and
379the State Board of Administration may, upon request of the
380authority, take over the management, control, administration,
381custody, and payment of any or all debt services or funds or
382assets now or hereafter available for any bonds issued pursuant
383to this part. The authority may enter into any deeds of trust,
384indentures, or other agreements with its fiscal agent, or with
385any bank or trust company within or without the state, as
386security for such bonds and may, under such agreements, sign and
387pledge all or any of the revenues, rates, fees, rentals, or
388other charges or receipts of the authority. Such deed of trust,
389indenture, or other agreement may contain such provisions as are
390customary in such instruments or as the authority authorizes,
391including, but without limitation, provisions as to:
392     (a)  The completion, improvement, operation, extension,
393maintenance, repair, and lease of, or lease-purchase agreement
394relating to, highway, bridge, and related transportation
395facilities and appurtenances and the duties of the authority and
396others, including the department, with reference thereto.
397     (b)  The application of funds and the safeguarding of funds
398on hand or on deposit.
399     (c)  The rights and remedies of the trustee and the holders
400of the bonds.
401     (d)  The terms and provisions of the bonds or the
402resolutions authorizing the issuance of the bonds.
403     (5)  Any of the bonds issued pursuant to this part are, and
404are hereby declared to be, negotiable instruments and have all
405the qualities and incidents of negotiable instruments under the
406law merchant and the negotiable instruments law of the state.
407     (6)  Notwithstanding any of the provisions of this part,
408each project, building, or facility that has been financed by
409the issuance of bonds or other evidence of indebtedness under
410this part and any refinancing thereof are hereby approved as
411provided for in s. 11(f), Art. VII of the State Constitution.
412     343.941  Bonds not debts or pledges of credit of
413state.--Revenue bonds issued under the provisions of this part
414are not debts of the state or pledges of the faith and credit of
415the state. Such bonds are payable exclusively from revenues
416pledged for their payment. All such bonds shall contain a
417statement on their face that the state is not obligated to pay
418the same or the interest thereon, except from the revenues
419pledged for their payment, and that the faith and credit of the
420state is not pledged to the payment of the principal or interest
421of such bonds. The issuance of revenue bonds under the
422provisions of this part does not directly, indirectly, or
423contingently obligate the state to levy or to pledge any form of
424taxation whatsoever, or to make any appropriation for their
425payment. No state funds shall be used to pay the principal or
426interest of any bonds issued to finance or refinance any portion
427of the authority's transportation projects, and all such bonds
428shall contain a statement on their face to this effect.
429     343.943  Covenant of the state.--The state does hereby
430pledge to, and agrees with, any person, firm, or corporation or
431federal or state agency subscribing to or acquiring the bonds to
432be issued by the authority for the purposes of this part that
433the state will not limit or alter the rights hereby vested in
434the authority and the department until all bonds at any time
435issued, together with the interest thereon, are fully paid and
436discharged insofar as the same affects the rights of the holders
437of bonds issued hereunder. The state does further pledge to, and
438agree with, the United States that, if any federal agency
439constructs or contributes any funds for the completion,
440extension, or improvement of the system or any part or portion
441thereof, the state will not alter or limit the rights and powers
442of the authority and the department in any manner which would be
443inconsistent with the continued maintenance and operation of the
444system or the completion, extension, or improvement thereof or
445which would be inconsistent with the due performance of any
446agreements between the authority and any such federal agency.
447The authority and the department shall continue to have and may
448exercise all powers herein granted so long as necessary or
449desirable for the carrying out of the purposes of this part and
450the purposes of the United States in the completion, extension,
451or improvement of the system or any part or portion thereof.
452     343.944  Remedies of the bondholders.--
453     (1)  The rights and the remedies in this section conferred
454upon or granted to the bondholders are in addition to and not in
455limitation of any rights and remedies lawfully granted to such
456bondholders by the resolution or resolutions providing for the
457issuance of bonds or by a lease-purchase agreement, deed of
458trust, indenture, or other agreement under which the bonds may
459be issued or secured. If the authority defaults in the payment
460of the principal of or interest on any of the bonds issued
461pursuant to the provisions of this part after such principal of
462or interest on the bonds becomes due, whether at maturity or
463upon call for redemption, or the department defaults in any
464payments under, or covenants made in, any lease-purchase
465agreement between the authority and the department, and such
466default continues for a period of 30 days, or if the authority
467or the department fails or refuses to comply with the provisions
468of this part or any agreement made with, or for the benefit of,
469the holders of the bonds, the holders of 25 percent in aggregate
470principal amount of the bonds then outstanding may appoint a
471trustee to represent such bondholders for the purposes hereof,
472if such holders of 25 percent in aggregate principal amount of
473the bonds then outstanding shall first give notice of their
474intention to appoint a trustee to the authority and to the
475department. Such notice shall be deemed to have been given if
476given in writing, deposited in a securely sealed postpaid
477wrapper, mailed at a regularly maintained United States post
478office box or station, and addressed, respectively, to the chair
479of the authority and to the secretary of the department at the
480principal office of the department.
481     (2)  Such trustee and any trustee under any deed of trust,
482indenture, or other agreement may, and upon written request of
483the holders of 25 percent or such other percentages as are
484specified in any deed of trust, indenture, or other agreement
485aforesaid in principal amount of the bonds then outstanding,
486shall, in any court of competent jurisdiction, in his, her, or
487its own name:
488     (a)  By mandamus or other suit, action, or proceeding at
489law or in equity, enforce all rights of the bondholders,
490including the right to require the authority to fix, establish,
491maintain, collect, and charge rates, fees, rentals, and other
492charges adequate to carry out any agreement as to or pledge of
493the revenues or receipts of the authority, to carry out any
494other covenants and agreements with or for the benefit of the
495bondholders, and to perform its and their duties under this
496part.
497     (b)  By mandamus or other suit, action, or proceeding at
498law or in equity, enforce all rights of the bondholders under or
499pursuant to any lease-purchase agreement between the authority
500and the department, including the right to require the
501department to make all rental payments required to be made by it
502under the provisions of any such lease-purchase agreement and to
503require the department to carry out any other covenants and
504agreements with or for the benefit of the bondholders and to
505perform its and their duties under this part.
506     (c)  Bring suit upon the bonds.
507     (d)  By action or suit in equity, require the authority or
508the department to account as if it were the trustee of an
509express trust for the bondholders.
510     (e)  By action or suit in equity, enjoin any acts or things
511that may be unlawful or in violation of the rights of the
512bondholders.
513     (3)  Any trustee, when appointed as aforesaid or acting
514under a deed of trust, indenture, or other agreement, and
515whether or not all bonds have been declared due and payable, may
516appoint a receiver who may enter upon and take possession of the
517system or the facilities or any part or parts thereof, the
518rates, fees, rentals, or other revenues, charges, or receipts
519from which are or may be applicable to the payment of the bonds
520so in default, and, subject to and in compliance with the
521provisions of any lease-purchase agreement between the authority
522and the department, operate and maintain the same for and on
523behalf of and in the name of the authority, the department, and
524the bondholders, and collect and receive all rates, fees,
525rentals, and other charges or receipts or revenues arising
526therefrom in the same manner as the authority or the department
527might do, and shall deposit all such moneys in a separate
528account and apply such moneys in such manner as the court shall
529direct. In any suit, action, or proceeding by the trustee, the
530fees, counsel fees, and expenses of the trustee and the
531receiver, if any, and all costs and disbursements allowed by the
532court shall be a first charge on any rates, fees, rentals, or
533other charges, revenues, or receipts derived from the system or
534the facilities or services or any part or parts thereof,
535including payments under any such lease-purchase agreement as
536aforesaid, which rates, fees, rentals, or other charges,
537revenues, or receipts may be applicable to the payment of the
538bonds so in default. Such trustee, in addition to the foregoing,
539possesses all of the powers necessary for the exercise of any
540functions specifically set forth herein or incident to the
541representation of the bondholders in the enforcement and
542protection of their rights.
543     (4)  This section or any other section of this part does
544not authorize any receiver appointed pursuant hereto for the
545purpose, subject to and in compliance with the provisions of any
546lease-purchase agreement between the authority and the
547department, of operating and maintaining the system or any
548facilities or part or parts thereof to sell, assign, mortgage,
549or otherwise dispose of any of the assets of whatever kind and
550character belonging to the authority. It is the intention of
551this part to limit the powers of such receiver, subject to and
552in compliance with the provisions of any lease-purchase
553agreement between the authority and the department, to the
554operation and maintenance of the system or any facility or part
555or parts thereof, as the court may direct, in the name and for
556and on behalf of the authority, the department, and the
557bondholders. In any suit, action, or proceeding at law or in
558equity, a holder of bonds on the authority, a trustee, or any
559court may not compel or direct a receiver to sell, assign,
560mortgage, or otherwise dispose of any assets of whatever kind or
561character belonging to the authority. A receiver also may not be
562authorized to sell, assign, mortgage, or otherwise dispose of
563any assets of whatever kind or character belonging to the
564authority in any suit, action, or proceeding at law or in
565equity.
566     343.945  Pledges enforceable by bondholders.--It is the
567express intention of this part that any pledge to the authority
568by the department of rates, fees, revenues, or other funds as
569rentals, or any covenants or agreements relative thereto, is
570enforceable in any court of competent jurisdiction against the
571authority or directly against the department by any holder of
572bonds issued by the authority.
573     343.946  Lease-purchase agreement.--
574     (1)  In order to effectuate the purposes of this part and
575as authorized by this part, the authority may enter into a
576lease-purchase agreement with the department relating to and
577covering authority projects within the eight-county Tampa Bay
578region.
579     (2)  Such lease-purchase agreement shall provide for the
580leasing of the system by the authority, as lessor, to the
581department, as lessee, shall prescribe the term of such lease
582and the rentals to be paid thereunder, and shall provide that,
583upon the completion of the faithful performance thereunder and
584the termination of such lease-purchase agreement, title in fee
585simple absolute to the system as then constituted shall be
586transferred in accordance with law by the authority to the state
587and the authority shall deliver to the department such deeds and
588conveyances as shall be necessary or convenient to vest title in
589fee simple absolute in the state.
590     (3)  Such lease-purchase agreement may include such other
591provisions, agreements, and covenants as the authority and the
592department deem advisable or required, including, but not
593limited to, provisions as to the bonds to be issued for the
594purposes of this part, the completion, extension, improvement,
595operation, and maintenance of the system and the expenses and
596the cost of operation of the authority, the charging and
597collection of tolls, rates, fees, and other charges for the use
598of the services and facilities thereof, and the application of
599federal or state grants or aid which may be made or given to
600assist the authority in the completion, extension, improvement,
601operation, and maintenance of the system.
602     (4)  The department as lessee under such lease-purchase
603agreement may pay as rentals thereunder any rates, fees,
604charges, funds, moneys, receipts, or income accruing to the
605department from the operation of the system and may also pay as
606rentals any appropriations received by the department pursuant
607to any act of the Legislature heretofore or hereafter enacted;
608however, nothing in this section or in such lease-purchase
609agreement is intended to require, nor shall this part or such
610lease-purchase agreement require, the making or continuance of
611such appropriations, nor shall any holder of bonds issued
612pursuant to this part ever have any right to compel the making
613or continuance of such appropriations.
614     (5)  The department shall have power to covenant in any
615lease-purchase agreement that it will pay all or any part of the
616cost of the operation, maintenance, repair, renewal, and
617replacement of facilities, and any part of the cost of
618completing facilities to the extent that the proceeds of bonds
619issued are insufficient, from sources other than the revenues
620derived from the operation of the system.
621     343.947  Department may be appointed agent of authority for
622construction.--The department may be appointed by the authority
623as its agent for the purpose of constructing and completing
624transportation projects, and improvements and extensions
625thereto, in the authority's master plan. In such event, the
626authority shall provide the department with complete copies of
627all documents, agreements, resolutions, contracts, and
628instruments relating thereto; shall request the department to do
629such construction work, including the planning, surveying, and
630actual construction of the completion, extensions, and
631improvements to the system; and shall transfer to the credit of
632an account of the department in the treasury of the state the
633necessary funds therefor. The department shall proceed with such
634construction and use the funds for such purpose in the same
635manner that it is now authorized to use the funds otherwise
636provided by law for its use in construction of roads, bridges,
637and related transportation facilities.
638     343.95  Acquisition of lands and property.--
639     (1)  For the purposes of this part, the authority may
640acquire private or public property and property rights,
641including rights of access, air, view, and light, by gift,
642devise, purchase, or condemnation by eminent domain proceedings,
643as the authority may deem necessary for any purpose of this
644part, including, but not limited to, any lands reasonably
645necessary for securing applicable permits, areas necessary for
646management of access, borrow pits, drainage ditches, water
647retention areas, rest areas, replacement access for landowners
648whose access is impaired due to the construction of a facility,
649and replacement rights-of-way for relocated rail and utility
650facilities; for existing, proposed, or anticipated
651transportation facilities within the eight-county Tampa Bay
652region identified by the authority; or for the purposes of
653screening, relocation, removal, or disposal of junkyards and
654scrap metal processing facilities. The authority may condemn any
655material and property necessary for such purposes.
656     (2)  The right of eminent domain herein conferred shall be
657exercised by the authority in the manner provided by law.
658     (3)  When the authority acquires property for a
659transportation facility within the eight-county Tampa Bay
660region, the authority is not subject to any liability imposed by
661chapter 376 or chapter 403 for preexisting soil or groundwater
662contamination due solely to its ownership. This section does not
663affect the rights or liabilities of any past or future owners of
664the acquired property, nor does it affect the liability of any
665governmental entity for the results of its actions which create
666or exacerbate a pollution source. The authority and the
667Department of Environmental Protection may enter into
668interagency agreements for the performance, funding, and
669reimbursement of the investigative and remedial acts necessary
670for property acquired by the authority.
671     343.96  Cooperation with other units, boards, agencies, and
672individuals.--Express authority and power is hereby given and
673granted to any county, municipality, drainage district, road and
674bridge district, school district, or any other political
675subdivision, board, commission, or individual in or of the state
676to make and enter into contracts, leases, conveyances,
677partnerships, or other agreements with the authority within the
678provisions and purposes of this part. The authority may make and
679enter into contracts, leases, conveyances, partnerships, and
680other agreements with any political subdivision, agency, or
681instrumentality of the state and any and all federal agencies,
682corporations, and individuals for the purpose of carrying out
683the provisions of this part.
684     343.962  Public-private partnerships.--
685     (1)  The authority may receive or solicit proposals and
686enter into agreements with private entities or consortia thereof
687for the building, operation, ownership, or financing of
688transportation facilities within the jurisdiction of the
689authority. Before approval, the authority must determine that a
690proposed project:
691     (a)  Is in the public's best interest.
692     (b)  Would not require state funds to be used unless the
693project is on or provides increased mobility on the State
694Highway System.
695     (c)  Would have adequate safeguards to ensure that
696additional costs or service disruptions would not be realized by
697the traveling public and citizens of the state in the event of
698default or the cancellation of the agreement by the authority.
699     (2)  The authority shall ensure that all reasonable costs
700to the state related to transportation facilities that are not
701part of the State Highway System are borne by the private
702entity. The authority shall also ensure that all reasonable
703costs to the state and substantially affected local governments
704and utilities related to the private transportation facility are
705borne by the private entity for transportation facilities that
706are owned by private entities. For projects on the State Highway
707System, the department may use state resources to participate in
708funding and financing the project as provided for under the
709department's enabling legislation.
710     (3)  The authority may request proposals for public-private
711transportation projects or, if it receives an unsolicited
712proposal, the authority must publish a notice in the Florida
713Administrative Weekly and a newspaper of general circulation in
714the county in which the proposed project is located at least
715once a week for 2 weeks stating that it has received the
716proposal and will accept, for 60 days after the initial date of
717publication, other proposals for the same project purpose. A
718copy of the notice must be mailed to each local government in
719the affected areas. After the public notification period has
720expired, the authority shall rank the proposals in order of
721preference. In ranking the proposals, the authority shall
722consider professional qualifications, general business terms,
723innovative engineering or cost-reduction terms, finance plans,
724and the need for state funds to deliver the proposal. If the
725authority is not satisfied with the results of the negotiations,
726it may, at its sole discretion, terminate negotiations with the
727proposer. If these negotiations are unsuccessful, the authority
728may go to the second and lower-ranked firms, in order, using the
729same procedure. If only one proposal is received, the authority
730may negotiate in good faith and, if it is not satisfied with the
731results, it may, at its sole discretion, terminate negotiations
732with the proposer. Notwithstanding this subsection, the
733authority may, at its discretion, reject all proposals at any
734point in the process up to completion of a contract with the
735proposer.
736     (4)  Agreements entered into pursuant to this section may
737authorize the public-private entity to impose tolls or fares for
738the use of the facility. However, the amount and use of toll or
739fare revenues shall be regulated by the authority to avoid
740unreasonable costs to users of the facility.
741     (5)  Each public-private transportation facility
742constructed pursuant to this section shall comply with all
743requirements of federal, state, and local laws; state, regional,
744and local comprehensive plans; the authority's rules, policies,
745procedures, and standards for transportation facilities; and any
746other conditions that the authority determines to be in the
747public's best interest.
748     (6)  The authority may exercise any of its powers,
749including eminent domain, to facilitate the development and
750construction of transportation projects pursuant to this
751section. The authority may pay all or part of the cost of
752operating and maintaining the facility or may provide services
753to the private entity, for which services it shall receive full
754or partial reimbursement.
755     (7)  Except as provided in this section, this section is
756not intended to amend existing law by granting additional powers
757to or imposing further restrictions on the governmental entities
758with regard to regulating and entering into cooperative
759arrangements with the private sector for the planning,
760construction, and operation of transportation facilities.
761     (8)  The authority may adopt rules pursuant to ss.
762120.536(1) and 120.54 to implement this section and shall, by
763rule, establish an application fee for the submission of
764unsolicited proposals under this section. The fee must be
765sufficient to pay the costs of evaluating the proposals.
766     343.97  Exemption from taxation.--The effectuation of the
767authorized purposes of the authority created under this part is
768for the benefit of the people of this state, for the increase of
769their commerce and prosperity, and for the improvement of their
770health and living conditions and, because the authority performs
771essential governmental functions in effectuating such purposes,
772the authority is not required to pay any taxes or assessments of
773any kind or nature whatsoever upon any property acquired or used
774by it for such purposes, or upon any rates, fees, rentals,
775receipts, income, or charges at any time received by it. The
776bonds issued by the authority, their transfer, and the income
777therefrom, including any profits made on the sale thereof, shall
778at all times be free from taxation of any kind by the state or
779by any political subdivision, taxing agency, or instrumentality
780thereof. The exemption granted by this section does not apply to
781any tax imposed by chapter 220 on interest, income, or profits
782on debt obligations owned by corporations.
783     343.973  Eligibility for investments and security.--Any
784bonds or other obligations issued pursuant to this part shall be
785and constitute legal investments for banks, savings banks,
786trustees, executors, administrators, and all other fiduciaries
787and for all state, municipal, and other public funds and shall
788also be and constitute securities eligible for deposit as
789security for all state, municipal, or other public funds,
790notwithstanding the provisions of any other law to the contrary.
791     343.975  Complete and additional statutory authority.--
792     (1)  The powers conferred by this part are supplemental to
793the existing powers of the board and the department. This part
794does not repeal any of the provisions of any other law, general,
795special, or local, but supplements such other laws in the
796exercise of the powers provided in this part and provides a
797complete method for the exercise of the powers granted in this
798part. The projects planned and constructed by the Tampa Bay
799Regional Transportation Authority shall comply with all
800applicable federal, state, and local laws and be consistent with
801the applicable state, regional, and local comprehensive plans.
802The extension and improvement of the system, and the issuance of
803bonds hereunder to finance all or part of the cost thereof, may
804be accomplished upon compliance with the provisions of this part
805without regard to or necessity for compliance with the
806provisions, limitations, or restrictions contained in any other
807general, special, or local law, including, but not limited to,
808s. 215.821. An approval of any bonds issued under this part by
809the qualified electors or qualified electors who are freeholders
810in the state or in any other political subdivision of the state
811is not required for the issuance of such bonds pursuant to this
812part.
813     (2)  This part does not repeal, rescind, or modify any
814other law relating to the State Board of Administration, the
815Department of Transportation, the Tampa-Hillsborough County
816Expressway Authority, the Tampa Bay Commuter Transit Authority,
817the Bay Area Regional Transportation Planning Organization, or
818the Division of Bond Finance within the State Board of
819Administration; however, this part supersedes such other laws as
820are inconsistent with its provisions, including, but not limited
821to, s. 215.821.
822     (3)  This part does not preclude the department from
823acquiring, holding, constructing, improving, maintaining,
824operating, or owning tolled or nontolled facilities funded and
825constructed from nonauthority sources that are part of the State
826Highway System within the geographical boundaries of the Tampa
827Bay Regional Transportation Authority.
828     Section 32.  Subsection (3) of section 343.74, Florida
829Statutes, is amended to read:
830     343.74  Powers and duties.--
831     (3)(a)  The authority shall develop and adopt a plan for
832the development of the Tampa Bay Commuter Rail or Commuter Ferry
833Service. Such plan shall address the authority's plan for the
834development of public and private revenue sources, funding of
835operating and capital costs, the service to be provided and the
836extent to which counties within the authority are to be served.
837The plan shall be reviewed and updated annually. Such plan shall
838be consistent, to the maximum extent feasible, with the approved
839local government comprehensive plan of the units of local
840government served by the authority.
841     (b)  The authority's plan must be developed in consultation
842with the Bay Area Regional Transportation Planning Organization
843and the Tampa Bay Regional Transportation Authority.
844
845========= T I T L E  A M E N D M E N T =========
846     On page 9, between lines 3 and 4, insert:
847creating part V of chapter 343, F.S.; creating s. 343.90,
848F.S.; providing a short title; creating s. 343.91, F.S.;
849providing definitions; creating s. 343.92, F.S.; creating
850the Tampa Bay Regional Transportation Authority; providing
851for organization and membership; providing for
852reimbursement of travel expenses and per diem; requiring
853members to comply with specified financial disclosure
854provisions; providing for employees and advisory
855committees; creating s. 343.922, F.S.; specifying purposes
856of the authority; providing for rights, powers, and duties
857of the authority; authorizing the authority to construct,
858operate, and maintain certain transportation facilities;
859providing requirements for construction of transportation
860projects; authorizing the authority to collect tolls on
861its transportation facilities; requiring the authority to
862develop and adopt a regional transportation master plan by
863a date certain; providing for content, updates, and use of
864the plan; authorizing the authority to request funding and
865technical assistance; authorizing the authority to borrow
866money, enter into partnerships and other agreements, enter
867into and make lease-purchase agreements, and make
868contracts for certain purposes; specifying that the
869authority does not have power to pledge the credit or
870taxing power of the state; creating s. 343.94, F.S.;
871providing legislative approval of bond financing by the
872authority for its projects; providing for issuance of the
873bonds by the authority or the Division of Bond Finance;
874providing for contract with bondholders; authorizing the
875authority to employ fiscal agents; authorizing the State
876Board of Administration to act as fiscal agent; creating
877s. 343.941, F.S.; providing that the authority's bonds are
878not debts of the state; creating s. 343.943, F.S.;
879providing a state covenant with bondholders; creating s.
880343.944, F.S.; providing certain rights and remedies for
881bondholders; creating s. 343.945, F.S.; providing for
882enforcement by bondholders of pledges to the authority
883from the department; creating s. 343.946, F.S.; providing
884for lease-purchase agreements between the authority and
885the department; creating s. 343.947, F.S.; providing for
886the department to act as an agent for the authority for
887the purposes of constructing and completing the
888authority's projects; creating s. 343.95, F.S.; providing
889for the authority to purchase property and property
890rights; creating s. 343.96, F.S.; providing for the
891authority to enter into cooperative agreements with other
892entities and persons; creating s. 343.962, F.S.; providing
893for the authority to enter into certain public-private
894agreements under certain conditions; providing procedures
895for proposals for public-private transportation projects;
896providing criteria for the constructed facilities;
897authorizing the authority to use certain powers to
898facilitate project development and construction; providing
899intent relating to governmental entities; authorizing the
900authority to adopt certain rules and establish an
901application fee; creating s. 343.97, F.S.; exempting the
902authority from certain taxation; creating s. 348.973,
903F.S.; specifying that bonds or other obligations issued by
904the authority are legal investments constituting
905securities for certain purposes; creating s. 343.975,
906F.S.; providing for application and effect of specified
907provisions; amending s. 343.74, F.S.; providing that the
908Tampa Bay Commuter Transit Authority development plan must
909be developed in consultation with certain regional
910entities;


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