| 1 | Representatives Galvano, Ambler, Glorioso, and Sansom offered |
| 2 | the following: |
| 3 |
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| 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, |
| 7 | consisting of sections 343.90, 343.91, 343.92, 343.922, 343.94, |
| 8 | 343.941, 343.943, 343.944, 343.945, 343.946, 343.947, 343.95, |
| 9 | 343.96, 343.962, 343.97, 343.973, and 343.975, is created to |
| 10 | read: |
| 11 | 343.90 Short title.--This part may be cited as the "Tampa |
| 12 | Bay Regional Transportation Authority Act." |
| 13 | 343.91 Definitions.-- |
| 14 | (1) The following terms, whenever used or referred to in |
| 15 | this part, shall have the following meanings, except in those |
| 16 | instances where the context clearly indicates otherwise: |
| 17 | (a) "Authority" means the Tampa Bay Regional |
| 18 | Transportation Authority, the body politic and corporate and |
| 19 | agency 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 |
| 22 | other evidences of indebtedness or obligations, in either |
| 23 | temporary or definitive form, which the authority is authorized |
| 24 | to issue under this part. |
| 25 | (d) "Consultation" means that one party confers with |
| 26 | another identified party in accordance with an established |
| 27 | process and, prior to taking action, considers that party's |
| 28 | views and periodically informs that party about actions taken. |
| 29 | (e) "Coordination" means the comparison of the |
| 30 | transportation plans, programs, and schedules of one agency with |
| 31 | related plans, programs, and schedules of other agencies or |
| 32 | entities with legal standing, and adjustment of plans, programs, |
| 33 | and schedules to achieve general consistency to the extent |
| 34 | practicable. |
| 35 | (f) "Department" means the Department of Transportation. |
| 36 | (g) "Lease-purchase agreement" means the lease-purchase |
| 37 | agreements that the authority is authorized under this part to |
| 38 | enter into with the department. |
| 39 | (h) "Limited access expressway" or "expressway" means a |
| 40 | street or highway especially designed for through traffic and |
| 41 | over, from, or to which a person does not have the right of |
| 42 | easement, use, or access except in accordance with the rules |
| 43 | adopted and established by the authority for the use of such |
| 44 | facility. Such a highway or street may be a parkway from which |
| 45 | trucks, buses, and other commercial vehicles are excluded or it |
| 46 | may be a freeway open to use by all customary forms of street |
| 47 | and highway traffic. |
| 48 | (i) "Members" means the individuals constituting the |
| 49 | authority. |
| 50 | (j) "State Board of Administration" means the body |
| 51 | corporate existing under the provisions of s. 9, Art. XII of the |
| 52 | State Constitution, or any successor thereto. |
| 53 | (2) Terms importing singular number include the plural |
| 54 | number in each case and vice versa, and terms importing persons |
| 55 | include firms and corporations. |
| 56 | 343.92 Tampa Bay Regional Transportation Authority.-- |
| 57 | (1) There is created and established a body politic and |
| 58 | corporate, an agency of the state, to be known as the Tampa Bay |
| 59 | Regional Transportation Authority, hereinafter referred to as |
| 60 | the authority. |
| 61 | (2) Voting membership on the governing board of the |
| 62 | authority shall be appointed as follows: |
| 63 | (a) The county commissions of Citrus, Hernando, |
| 64 | Hillsborough, Pasco, Pinellas, Manatee, Sarasota, and Polk |
| 65 | Counties shall each appoint a nonelected citizen member to the |
| 66 | authority governing board who is a resident and a qualified |
| 67 | elector of that county. As far as is practicable, the citizen |
| 68 | member shall represent the business and civic interests of the |
| 69 | community. |
| 70 | (b) The Bay Area Regional Transportation Planning |
| 71 | Organization shall appoint one of its members to the governing |
| 72 | board. |
| 73 | (3)(a) The local transit authority in each of the eight |
| 74 | counties shall elect one member who shall serve as an ex |
| 75 | officio, nonvoting member of the board. |
| 76 | (b) The Secretary of Transportation shall appoint as an ex |
| 77 | officio, nonvoting member of the board the district secretary, |
| 78 | or his or her designee, for each district within the eight |
| 79 | counties served by the authority. |
| 80 | (4) The terms of the appointees on the governing board of |
| 81 | the authority shall be 2 years. Each member shall hold office |
| 82 | until his or her successor has been appointed. |
| 83 | (5) A vacancy during a term shall be filled by the |
| 84 | respective appointing authority within 90 days in the same |
| 85 | manner as the original appointment and only for the balance of |
| 86 | the unexpired term. |
| 87 | (6) The members of the authority shall serve without |
| 88 | compensation but shall be entitled to receive from the authority |
| 89 | reimbursement for travel expenses and per diem actually incurred |
| 90 | in connection with the business of the authority as provided in |
| 91 | s. 112.061. |
| 92 | (7) Members of the authority shall be required to comply |
| 93 | with the applicable financial disclosure requirements of ss. |
| 94 | 112.3145, 112.3148, and 112.3149. |
| 95 | (8) The authority may employ an executive director, an |
| 96 | executive secretary, its own counsel and legal staff, technical |
| 97 | experts, engineers, and such employees, permanent or temporary, |
| 98 | as it may require. The authority shall determine the |
| 99 | qualifications and fix the compensation of such persons, firms, |
| 100 | or corporations and may employ a fiscal agent or agents; |
| 101 | however, the authority shall solicit sealed proposals from at |
| 102 | least three persons, firms, or corporations for the performance |
| 103 | of any services as fiscal agents. The authority may delegate, as |
| 104 | it shall deem necessary, its power to one or more of its agents |
| 105 | or employees to carry out the purposes of this part, subject |
| 106 | always to the supervision and control of the authority. |
| 107 | (9) The authority may establish technical advisory |
| 108 | committees to provide guidance and advice on regional |
| 109 | transportation issues. The authority shall establish the size, |
| 110 | composition, and focus of any technical advisory committee |
| 111 | created. Persons appointed to a technical advisory committee |
| 112 | shall serve without compensation but shall be entitled to per |
| 113 | diem 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 |
| 116 | mobility and expand transportation options in the Tampa Bay |
| 117 | region. |
| 118 | (2)(a) The authority has the right to construct, own, |
| 119 | operate, maintain, and manage any feeder roads, reliever roads, |
| 120 | connector roads, bypasses, or appurtenant facilities, including |
| 121 | public transportation projects, that are intended to address a |
| 122 | critical transportation need or concern in the Tampa Bay region |
| 123 | as identified by the authority by July 1, 2008. These projects |
| 124 | may also include all necessary approaches, roads, bridges, and |
| 125 | avenues of access that are desirable and proper with the |
| 126 | concurrence of the department, as applicable, if the project is |
| 127 | to be part of the State Highway System. |
| 128 | (b) Any transportation facilities constructed by the |
| 129 | authority may be tolled. Tolling technologies shall be |
| 130 | consistent with the systems used by the Turnpike Enterprise for |
| 131 | the purpose of allowing the use of a single transponder or a |
| 132 | similar electronic tolling device for all facilities of the |
| 133 | authority and the Turnpike Enterprise. |
| 134 | (c) Any projects constructed by the authority must be |
| 135 | constructed in consultation with the Bay Area Regional |
| 136 | Transportation Planning Organization. |
| 137 | (d) Any public transportation projects constructed by the |
| 138 | authority must be constructed in coordination with the Tampa Bay |
| 139 | Commuter Transit Authority. |
| 140 | (3)(a) The authority shall develop and adopt a regional |
| 141 | transportation master plan no later than July 1, 2008. The goals |
| 142 | and objectives of the master plan are to identify areas of the |
| 143 | Tampa Bay region where mobility, traffic safety, and efficient |
| 144 | hurricane evacuation need to be improved; identify areas of the |
| 145 | region where highway and appurtenant facilities would be most |
| 146 | beneficial to enhance mobility and economic development; develop |
| 147 | methods of building partnerships with local governments, |
| 148 | expressway authorities, other local, state, and federal |
| 149 | entities, the private-sector business community, and the public |
| 150 | in support of regional transportation improvements; identify |
| 151 | projects that will accomplish these goals and objectives, |
| 152 | including, without limitation, the road projects that address a |
| 153 | critical transportation need or concern, pursuant to subsection |
| 154 | (2); and identify the costs of the proposed projects and revenue |
| 155 | sources that could be used to pay those costs. The adoption of |
| 156 | the master plan by the authority is not a rule subject to the |
| 157 | rulemaking procedures of chapter 120. |
| 158 | (b) After its adoption, the master plan shall be updated |
| 159 | annually before July 1. |
| 160 | (c) The authority shall present the original master plan |
| 161 | and updates to the governing bodies of the counties within the |
| 162 | eight-county region and to the legislative delegation members |
| 163 | representing those counties within 90 days after adoption. |
| 164 | (4) The authority may undertake projects or other |
| 165 | improvements in the master plan in phases as particular projects |
| 166 | or segments become feasible, as determined by the authority. All |
| 167 | projects or other transportation improvements must be consistent |
| 168 | with the applicable adopted comprehensive plans of local |
| 169 | governments within whose jurisdictions the projects or |
| 170 | improvements will be located. In carrying out its purposes and |
| 171 | powers, the authority may request funding and technical |
| 172 | assistance from the department and appropriate federal and local |
| 173 | agencies, including, but not limited to, state infrastructure |
| 174 | bank loans, advances from the Toll Facilities Revolving Trust |
| 175 | Fund, and funding and technical assistance from any other |
| 176 | source. |
| 177 | (5) The authority is granted and may exercise all powers |
| 178 | necessary, appurtenant, convenient, or incidental to the |
| 179 | carrying out of the aforesaid purposes, including, but not |
| 180 | limited to, the following rights and powers: |
| 181 | (a) To sue and be sued, implead and be impleaded, and |
| 182 | complain 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 |
| 185 | procedural powers granted under chapters 73 and 74. |
| 186 | (d) To acquire by donation or otherwise, purchase, hold, |
| 187 | construct, maintain, improve, operate, own, lease as a lessee, |
| 188 | and use any franchise or property, real, personal, or mixed, |
| 189 | tangible or intangible, or any option thereof in its own name or |
| 190 | in conjunction with others, or any interest therein, necessary |
| 191 | or desirable for carrying out the purposes of the authority. |
| 192 | (e) To sell, convey, exchange, lease as a lessor, |
| 193 | transfer, or otherwise dispose of any real or personal property, |
| 194 | or interest therein, acquired by the authority, including air |
| 195 | rights. |
| 196 | (f) To fix, alter, establish, and collect rates, fares, |
| 197 | fees, rentals, tolls, and other charges for the services and use |
| 198 | of any highways, feeder roads, bridges, or other transportation |
| 199 | facilities owned or operated by the authority. These rates, |
| 200 | fares, fees, rentals, tolls, and other charges shall always be |
| 201 | sufficient to comply with any covenants made with the holders of |
| 202 | any bonds issued pursuant to this part; however, such right and |
| 203 | power may be assigned or delegated by the authority to the |
| 204 | department. The authority may not impose tolls or other charges |
| 205 | on existing highways and other transportation facilities within |
| 206 | the eight-county Tampa Bay region. |
| 207 | (g) To borrow money and to make and issue negotiable |
| 208 | notes, bonds, refunding bonds, and other evidences of |
| 209 | indebtedness or obligations, either in temporary or definitive |
| 210 | form, hereinafter in this chapter sometimes called "revenue |
| 211 | bonds" of the authority, for the purpose of financing all or |
| 212 | part of the mobility improvements within the Tampa Bay region, |
| 213 | as well as the appurtenant facilities, including all approaches, |
| 214 | streets, roads, bridges, and avenues of access authorized by |
| 215 | this part, the bonds to mature not exceeding 40 years after the |
| 216 | date of the issuance thereof, and to secure the payment of such |
| 217 | bonds or any part thereof by a pledge of any or all of its |
| 218 | revenues, rates, fees, rentals, or other charges. |
| 219 | (h) To adopt bylaws for the regulation of the affairs and |
| 220 | the conduct of the business of the authority. The bylaws shall |
| 221 | provide for quorum and voting requirements, maintenance of |
| 222 | minutes and other official records, and preparation and adoption |
| 223 | of an annual budget. |
| 224 | (i) To lease, rent, or contract for the operation or |
| 225 | management of any part of a highway facility built by the |
| 226 | authority. In awarding any contract, the authority shall |
| 227 | consider, 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 |
| 234 | ability to interface with other transportation modes and |
| 235 | facilities. |
| 236 | (j) To enforce collection of rates, fees, tolls, and |
| 237 | charges and to establish and enforce fines and penalties for |
| 238 | violations of any rules. |
| 239 | (k) To advertise and promote highway facilities and the |
| 240 | general activities of the authority. |
| 241 | (l) To cooperate with other governmental entities and to |
| 242 | contract with other governmental agencies, including the Federal |
| 243 | Government, the department, counties, municipalities, and |
| 244 | expressway and bridge authorities. |
| 245 | (m) To enter into joint development agreements, |
| 246 | partnerships, and other agreements with public and private |
| 247 | entities respecting ownership and revenue participation in order |
| 248 | to facilitate financing and constructing any project or portions |
| 249 | thereof. |
| 250 | (n) To accept grants and other funds from other |
| 251 | governmental sources and to accept private donations. However, |
| 252 | the authority shall not be eligible for Transportation Regional |
| 253 | Incentive Program funds allocated pursuant to s. 339.2819. |
| 254 | (o) To purchase directly from local, national, or |
| 255 | international insurance companies liability insurance that the |
| 256 | authority is contractually and legally obligated to provide, |
| 257 | notwithstanding the requirements of s. 287.022(1). |
| 258 | (p) To enter into and make lease-purchase agreements with |
| 259 | the department for terms not exceeding 40 years or until any |
| 260 | bonds secured by a pledge of rentals thereunder, and any |
| 261 | refundings thereof, are fully paid as to both principal and |
| 262 | interest, whichever is longer. |
| 263 | (q) To make contracts of every name and nature, including, |
| 264 | but not limited to, partnerships providing for participation in |
| 265 | ownership and revenues, and to execute all instruments necessary |
| 266 | or convenient for the carrying on of its business. |
| 267 | (r) To do all acts and things necessary or convenient for |
| 268 | the conduct of its business and the general welfare of the |
| 269 | authority in order to carry out the powers granted to it by this |
| 270 | part or any other law. |
| 271 | (6) The authority shall institute procedures to ensure |
| 272 | that jobs created as a result of state funding pursuant to this |
| 273 | section shall be subject to equal opportunity hiring practices |
| 274 | as provided for in s. 110.112. |
| 275 | (7) The authority shall comply with all statutory |
| 276 | requirements of general application which relate to the filing |
| 277 | of any report or documentation required by law, including the |
| 278 | requirements of ss. 189.4085, 189.415, 189.417, and 189.418. |
| 279 | (8) The authority does not have power at any time or in |
| 280 | any manner to pledge the credit or taxing power of the state or |
| 281 | any political subdivision or agency thereof, nor shall any of |
| 282 | the authority's obligations be deemed to be obligations of the |
| 283 | state or of any political subdivision or agency thereof, nor |
| 284 | shall the state or any political subdivision or agency thereof, |
| 285 | except the authority, be liable for the payment of the principal |
| 286 | of or interest on such obligations. |
| 287 | 343.94 Bond financing authority.-- |
| 288 | (1) Pursuant to s. 11(f), Art. VII of the State |
| 289 | Constitution, the Legislature approves bond financing by the |
| 290 | Tampa Bay Regional Transportation Authority for construction of |
| 291 | or improvements to highways, bridges, toll collection |
| 292 | facilities, interchanges to the system, and any other |
| 293 | transportation facility appurtenant, necessary, or incidental to |
| 294 | the system. Subject to terms and conditions of applicable |
| 295 | revenue bond resolutions and covenants, such costs may be |
| 296 | financed in whole or in part by revenue bonds issued pursuant to |
| 297 | paragraph (2)(a) or paragraph (2)(b), whether currently issued |
| 298 | or issued in the future or by a combination of such bonds. |
| 299 | (2)(a) Bonds may be issued on behalf of the authority |
| 300 | pursuant to the State Bond Act. |
| 301 | (b) Alternatively, the authority may issue its own bonds |
| 302 | pursuant to this part at such times and in such principal amount |
| 303 | as, in the opinion of the authority, is necessary to provide |
| 304 | sufficient moneys for achieving its purposes; however, such |
| 305 | bonds may not pledge the full faith and credit of the state. |
| 306 | Bonds issued by the authority pursuant to this paragraph or |
| 307 | paragraph (a), whether on original issuance or on refunding, |
| 308 | shall be authorized by resolution of the members thereof, may be |
| 309 | either term or serial bonds, and shall bear such date or dates, |
| 310 | mature at such time or times, not exceeding 40 years after their |
| 311 | respective dates, bear interest at such rate or rates, be |
| 312 | payable semiannually, be in such denominations, be in such form, |
| 313 | either coupon or fully registered, carry such registration, |
| 314 | exchangeability, and interchangeability privileges, be payable |
| 315 | in such medium of payment and at such place or places, be |
| 316 | subject to such terms of redemption, and be entitled to such |
| 317 | priorities on the revenues, rates, fees, rentals, or other |
| 318 | charges or receipts of the authority, including revenues from |
| 319 | lease-purchase agreements, as such resolution or any resolution |
| 320 | subsequent thereto may provide. The bonds shall be executed |
| 321 | either by manual or facsimile signature by such officers as the |
| 322 | authority shall determine; however, such bonds shall bear at |
| 323 | least one signature that is manually executed thereon, and the |
| 324 | coupons attached to such bonds shall bear the facsimile |
| 325 | signature or signatures of such officer or officers as shall be |
| 326 | designated by the authority and have the seal of the authority |
| 327 | affixed, imprinted, reproduced, or lithographed thereon, all as |
| 328 | may 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 |
| 331 | State Bond Act. However, if the authority, by official action at |
| 332 | a public meeting, determines that a negotiated sale of such |
| 333 | bonds is in the best interest of the authority, the authority |
| 334 | may negotiate the sale of such bonds with the underwriter |
| 335 | designated by the authority and the Division of Bond Finance |
| 336 | within the State Board of Administration with respect to bonds |
| 337 | issued pursuant to paragraph (a) or solely by the authority with |
| 338 | respect to bonds issued pursuant to paragraph (b). The |
| 339 | authority's determination to negotiate the sale of such bonds |
| 340 | may be based, in part, upon the written advice of the |
| 341 | authority's financial adviser. Pending the preparation of |
| 342 | definitive bonds, interim certificates may be issued to the |
| 343 | purchaser or purchasers of such bonds and may contain such terms |
| 344 | and 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 |
| 347 | the bonds being refunded were issued by the authority pursuant |
| 348 | to this chapter or on behalf of the authority pursuant to the |
| 349 | State Bond Act. |
| 350 | (3) Any such resolution or resolutions authorizing any |
| 351 | bonds hereunder may contain provisions that are part of the |
| 352 | contract with the holders of such bonds, as to: |
| 353 | (a) The pledging of all or any part of the revenues, |
| 354 | rates, fees, rentals, or other charges or receipts of the |
| 355 | authority, derived by the authority. |
| 356 | (b) The completion, improvement, operation, extension, |
| 357 | maintenance, repair, or lease of, or lease-purchase agreement |
| 358 | relating to, the system and the duties of the authority and |
| 359 | others, including the department, with reference thereto. |
| 360 | (c) Limitations on the purposes to which the proceeds of |
| 361 | the bonds, then or thereafter to be issued, or of any loan or |
| 362 | grant by the United States or the state may be applied. |
| 363 | (d) The fixing, charging, establishing, and collecting of |
| 364 | rates, fees, rentals, or other charges for use of the services |
| 365 | and facilities constructed by the authority. |
| 366 | (e) The setting aside of reserves or sinking funds or |
| 367 | repair and replacement funds and the regulation and disposition |
| 368 | thereof. |
| 369 | (f) Limitations on the issuance of additional bonds. |
| 370 | (g) The terms and provisions of any lease-purchase |
| 371 | agreement, deed of trust, or indenture securing the bonds or |
| 372 | under which the same may be issued. |
| 373 | (h) Any other or additional agreements with the holders of |
| 374 | the bonds which the authority may deem desirable and proper. |
| 375 | (4) The authority may employ fiscal agents as provided by |
| 376 | this part or the State Board of Administration may, upon request |
| 377 | of the authority, act as fiscal agent for the authority in the |
| 378 | issuance of any bonds that are issued pursuant to this part, and |
| 379 | the State Board of Administration may, upon request of the |
| 380 | authority, take over the management, control, administration, |
| 381 | custody, and payment of any or all debt services or funds or |
| 382 | assets now or hereafter available for any bonds issued pursuant |
| 383 | to this part. The authority may enter into any deeds of trust, |
| 384 | indentures, or other agreements with its fiscal agent, or with |
| 385 | any bank or trust company within or without the state, as |
| 386 | security for such bonds and may, under such agreements, sign and |
| 387 | pledge all or any of the revenues, rates, fees, rentals, or |
| 388 | other charges or receipts of the authority. Such deed of trust, |
| 389 | indenture, or other agreement may contain such provisions as are |
| 390 | customary in such instruments or as the authority authorizes, |
| 391 | including, but without limitation, provisions as to: |
| 392 | (a) The completion, improvement, operation, extension, |
| 393 | maintenance, repair, and lease of, or lease-purchase agreement |
| 394 | relating to, highway, bridge, and related transportation |
| 395 | facilities and appurtenances and the duties of the authority and |
| 396 | others, including the department, with reference thereto. |
| 397 | (b) The application of funds and the safeguarding of funds |
| 398 | on hand or on deposit. |
| 399 | (c) The rights and remedies of the trustee and the holders |
| 400 | of the bonds. |
| 401 | (d) The terms and provisions of the bonds or the |
| 402 | resolutions authorizing the issuance of the bonds. |
| 403 | (5) Any of the bonds issued pursuant to this part are, and |
| 404 | are hereby declared to be, negotiable instruments and have all |
| 405 | the qualities and incidents of negotiable instruments under the |
| 406 | law merchant and the negotiable instruments law of the state. |
| 407 | (6) Notwithstanding any of the provisions of this part, |
| 408 | each project, building, or facility that has been financed by |
| 409 | the issuance of bonds or other evidence of indebtedness under |
| 410 | this part and any refinancing thereof are hereby approved as |
| 411 | provided for in s. 11(f), Art. VII of the State Constitution. |
| 412 | 343.941 Bonds not debts or pledges of credit of |
| 413 | state.--Revenue bonds issued under the provisions of this part |
| 414 | are not debts of the state or pledges of the faith and credit of |
| 415 | the state. Such bonds are payable exclusively from revenues |
| 416 | pledged for their payment. All such bonds shall contain a |
| 417 | statement on their face that the state is not obligated to pay |
| 418 | the same or the interest thereon, except from the revenues |
| 419 | pledged for their payment, and that the faith and credit of the |
| 420 | state is not pledged to the payment of the principal or interest |
| 421 | of such bonds. The issuance of revenue bonds under the |
| 422 | provisions of this part does not directly, indirectly, or |
| 423 | contingently obligate the state to levy or to pledge any form of |
| 424 | taxation whatsoever, or to make any appropriation for their |
| 425 | payment. No state funds shall be used to pay the principal or |
| 426 | interest of any bonds issued to finance or refinance any portion |
| 427 | of the authority's transportation projects, and all such bonds |
| 428 | shall contain a statement on their face to this effect. |
| 429 | 343.943 Covenant of the state.--The state does hereby |
| 430 | pledge to, and agrees with, any person, firm, or corporation or |
| 431 | federal or state agency subscribing to or acquiring the bonds to |
| 432 | be issued by the authority for the purposes of this part that |
| 433 | the state will not limit or alter the rights hereby vested in |
| 434 | the authority and the department until all bonds at any time |
| 435 | issued, together with the interest thereon, are fully paid and |
| 436 | discharged insofar as the same affects the rights of the holders |
| 437 | of bonds issued hereunder. The state does further pledge to, and |
| 438 | agree with, the United States that, if any federal agency |
| 439 | constructs or contributes any funds for the completion, |
| 440 | extension, or improvement of the system or any part or portion |
| 441 | thereof, the state will not alter or limit the rights and powers |
| 442 | of the authority and the department in any manner which would be |
| 443 | inconsistent with the continued maintenance and operation of the |
| 444 | system or the completion, extension, or improvement thereof or |
| 445 | which would be inconsistent with the due performance of any |
| 446 | agreements between the authority and any such federal agency. |
| 447 | The authority and the department shall continue to have and may |
| 448 | exercise all powers herein granted so long as necessary or |
| 449 | desirable for the carrying out of the purposes of this part and |
| 450 | the purposes of the United States in the completion, extension, |
| 451 | or 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 |
| 454 | upon or granted to the bondholders are in addition to and not in |
| 455 | limitation of any rights and remedies lawfully granted to such |
| 456 | bondholders by the resolution or resolutions providing for the |
| 457 | issuance of bonds or by a lease-purchase agreement, deed of |
| 458 | trust, indenture, or other agreement under which the bonds may |
| 459 | be issued or secured. If the authority defaults in the payment |
| 460 | of the principal of or interest on any of the bonds issued |
| 461 | pursuant to the provisions of this part after such principal of |
| 462 | or interest on the bonds becomes due, whether at maturity or |
| 463 | upon call for redemption, or the department defaults in any |
| 464 | payments under, or covenants made in, any lease-purchase |
| 465 | agreement between the authority and the department, and such |
| 466 | default continues for a period of 30 days, or if the authority |
| 467 | or the department fails or refuses to comply with the provisions |
| 468 | of this part or any agreement made with, or for the benefit of, |
| 469 | the holders of the bonds, the holders of 25 percent in aggregate |
| 470 | principal amount of the bonds then outstanding may appoint a |
| 471 | trustee to represent such bondholders for the purposes hereof, |
| 472 | if such holders of 25 percent in aggregate principal amount of |
| 473 | the bonds then outstanding shall first give notice of their |
| 474 | intention to appoint a trustee to the authority and to the |
| 475 | department. Such notice shall be deemed to have been given if |
| 476 | given in writing, deposited in a securely sealed postpaid |
| 477 | wrapper, mailed at a regularly maintained United States post |
| 478 | office box or station, and addressed, respectively, to the chair |
| 479 | of the authority and to the secretary of the department at the |
| 480 | principal office of the department. |
| 481 | (2) Such trustee and any trustee under any deed of trust, |
| 482 | indenture, or other agreement may, and upon written request of |
| 483 | the holders of 25 percent or such other percentages as are |
| 484 | specified in any deed of trust, indenture, or other agreement |
| 485 | aforesaid in principal amount of the bonds then outstanding, |
| 486 | shall, in any court of competent jurisdiction, in his, her, or |
| 487 | its own name: |
| 488 | (a) By mandamus or other suit, action, or proceeding at |
| 489 | law or in equity, enforce all rights of the bondholders, |
| 490 | including the right to require the authority to fix, establish, |
| 491 | maintain, collect, and charge rates, fees, rentals, and other |
| 492 | charges adequate to carry out any agreement as to or pledge of |
| 493 | the revenues or receipts of the authority, to carry out any |
| 494 | other covenants and agreements with or for the benefit of the |
| 495 | bondholders, and to perform its and their duties under this |
| 496 | part. |
| 497 | (b) By mandamus or other suit, action, or proceeding at |
| 498 | law or in equity, enforce all rights of the bondholders under or |
| 499 | pursuant to any lease-purchase agreement between the authority |
| 500 | and the department, including the right to require the |
| 501 | department to make all rental payments required to be made by it |
| 502 | under the provisions of any such lease-purchase agreement and to |
| 503 | require the department to carry out any other covenants and |
| 504 | agreements with or for the benefit of the bondholders and to |
| 505 | perform 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 |
| 508 | the department to account as if it were the trustee of an |
| 509 | express trust for the bondholders. |
| 510 | (e) By action or suit in equity, enjoin any acts or things |
| 511 | that may be unlawful or in violation of the rights of the |
| 512 | bondholders. |
| 513 | (3) Any trustee, when appointed as aforesaid or acting |
| 514 | under a deed of trust, indenture, or other agreement, and |
| 515 | whether or not all bonds have been declared due and payable, may |
| 516 | appoint a receiver who may enter upon and take possession of the |
| 517 | system or the facilities or any part or parts thereof, the |
| 518 | rates, fees, rentals, or other revenues, charges, or receipts |
| 519 | from which are or may be applicable to the payment of the bonds |
| 520 | so in default, and, subject to and in compliance with the |
| 521 | provisions of any lease-purchase agreement between the authority |
| 522 | and the department, operate and maintain the same for and on |
| 523 | behalf of and in the name of the authority, the department, and |
| 524 | the bondholders, and collect and receive all rates, fees, |
| 525 | rentals, and other charges or receipts or revenues arising |
| 526 | therefrom in the same manner as the authority or the department |
| 527 | might do, and shall deposit all such moneys in a separate |
| 528 | account and apply such moneys in such manner as the court shall |
| 529 | direct. In any suit, action, or proceeding by the trustee, the |
| 530 | fees, counsel fees, and expenses of the trustee and the |
| 531 | receiver, if any, and all costs and disbursements allowed by the |
| 532 | court shall be a first charge on any rates, fees, rentals, or |
| 533 | other charges, revenues, or receipts derived from the system or |
| 534 | the facilities or services or any part or parts thereof, |
| 535 | including payments under any such lease-purchase agreement as |
| 536 | aforesaid, which rates, fees, rentals, or other charges, |
| 537 | revenues, or receipts may be applicable to the payment of the |
| 538 | bonds so in default. Such trustee, in addition to the foregoing, |
| 539 | possesses all of the powers necessary for the exercise of any |
| 540 | functions specifically set forth herein or incident to the |
| 541 | representation of the bondholders in the enforcement and |
| 542 | protection of their rights. |
| 543 | (4) This section or any other section of this part does |
| 544 | not authorize any receiver appointed pursuant hereto for the |
| 545 | purpose, subject to and in compliance with the provisions of any |
| 546 | lease-purchase agreement between the authority and the |
| 547 | department, of operating and maintaining the system or any |
| 548 | facilities or part or parts thereof to sell, assign, mortgage, |
| 549 | or otherwise dispose of any of the assets of whatever kind and |
| 550 | character belonging to the authority. It is the intention of |
| 551 | this part to limit the powers of such receiver, subject to and |
| 552 | in compliance with the provisions of any lease-purchase |
| 553 | agreement between the authority and the department, to the |
| 554 | operation and maintenance of the system or any facility or part |
| 555 | or parts thereof, as the court may direct, in the name and for |
| 556 | and on behalf of the authority, the department, and the |
| 557 | bondholders. In any suit, action, or proceeding at law or in |
| 558 | equity, a holder of bonds on the authority, a trustee, or any |
| 559 | court may not compel or direct a receiver to sell, assign, |
| 560 | mortgage, or otherwise dispose of any assets of whatever kind or |
| 561 | character belonging to the authority. A receiver also may not be |
| 562 | authorized to sell, assign, mortgage, or otherwise dispose of |
| 563 | any assets of whatever kind or character belonging to the |
| 564 | authority in any suit, action, or proceeding at law or in |
| 565 | equity. |
| 566 | 343.945 Pledges enforceable by bondholders.--It is the |
| 567 | express intention of this part that any pledge to the authority |
| 568 | by the department of rates, fees, revenues, or other funds as |
| 569 | rentals, or any covenants or agreements relative thereto, is |
| 570 | enforceable in any court of competent jurisdiction against the |
| 571 | authority or directly against the department by any holder of |
| 572 | bonds issued by the authority. |
| 573 | 343.946 Lease-purchase agreement.-- |
| 574 | (1) In order to effectuate the purposes of this part and |
| 575 | as authorized by this part, the authority may enter into a |
| 576 | lease-purchase agreement with the department relating to and |
| 577 | covering authority projects within the eight-county Tampa Bay |
| 578 | region. |
| 579 | (2) Such lease-purchase agreement shall provide for the |
| 580 | leasing of the system by the authority, as lessor, to the |
| 581 | department, as lessee, shall prescribe the term of such lease |
| 582 | and the rentals to be paid thereunder, and shall provide that, |
| 583 | upon the completion of the faithful performance thereunder and |
| 584 | the termination of such lease-purchase agreement, title in fee |
| 585 | simple absolute to the system as then constituted shall be |
| 586 | transferred in accordance with law by the authority to the state |
| 587 | and the authority shall deliver to the department such deeds and |
| 588 | conveyances as shall be necessary or convenient to vest title in |
| 589 | fee simple absolute in the state. |
| 590 | (3) Such lease-purchase agreement may include such other |
| 591 | provisions, agreements, and covenants as the authority and the |
| 592 | department deem advisable or required, including, but not |
| 593 | limited to, provisions as to the bonds to be issued for the |
| 594 | purposes of this part, the completion, extension, improvement, |
| 595 | operation, and maintenance of the system and the expenses and |
| 596 | the cost of operation of the authority, the charging and |
| 597 | collection of tolls, rates, fees, and other charges for the use |
| 598 | of the services and facilities thereof, and the application of |
| 599 | federal or state grants or aid which may be made or given to |
| 600 | assist the authority in the completion, extension, improvement, |
| 601 | operation, and maintenance of the system. |
| 602 | (4) The department as lessee under such lease-purchase |
| 603 | agreement may pay as rentals thereunder any rates, fees, |
| 604 | charges, funds, moneys, receipts, or income accruing to the |
| 605 | department from the operation of the system and may also pay as |
| 606 | rentals any appropriations received by the department pursuant |
| 607 | to any act of the Legislature heretofore or hereafter enacted; |
| 608 | however, nothing in this section or in such lease-purchase |
| 609 | agreement is intended to require, nor shall this part or such |
| 610 | lease-purchase agreement require, the making or continuance of |
| 611 | such appropriations, nor shall any holder of bonds issued |
| 612 | pursuant to this part ever have any right to compel the making |
| 613 | or continuance of such appropriations. |
| 614 | (5) The department shall have power to covenant in any |
| 615 | lease-purchase agreement that it will pay all or any part of the |
| 616 | cost of the operation, maintenance, repair, renewal, and |
| 617 | replacement of facilities, and any part of the cost of |
| 618 | completing facilities to the extent that the proceeds of bonds |
| 619 | issued are insufficient, from sources other than the revenues |
| 620 | derived from the operation of the system. |
| 621 | 343.947 Department may be appointed agent of authority for |
| 622 | construction.--The department may be appointed by the authority |
| 623 | as its agent for the purpose of constructing and completing |
| 624 | transportation projects, and improvements and extensions |
| 625 | thereto, in the authority's master plan. In such event, the |
| 626 | authority shall provide the department with complete copies of |
| 627 | all documents, agreements, resolutions, contracts, and |
| 628 | instruments relating thereto; shall request the department to do |
| 629 | such construction work, including the planning, surveying, and |
| 630 | actual construction of the completion, extensions, and |
| 631 | improvements to the system; and shall transfer to the credit of |
| 632 | an account of the department in the treasury of the state the |
| 633 | necessary funds therefor. The department shall proceed with such |
| 634 | construction and use the funds for such purpose in the same |
| 635 | manner that it is now authorized to use the funds otherwise |
| 636 | provided by law for its use in construction of roads, bridges, |
| 637 | and related transportation facilities. |
| 638 | 343.95 Acquisition of lands and property.-- |
| 639 | (1) For the purposes of this part, the authority may |
| 640 | acquire private or public property and property rights, |
| 641 | including rights of access, air, view, and light, by gift, |
| 642 | devise, purchase, or condemnation by eminent domain proceedings, |
| 643 | as the authority may deem necessary for any purpose of this |
| 644 | part, including, but not limited to, any lands reasonably |
| 645 | necessary for securing applicable permits, areas necessary for |
| 646 | management of access, borrow pits, drainage ditches, water |
| 647 | retention areas, rest areas, replacement access for landowners |
| 648 | whose access is impaired due to the construction of a facility, |
| 649 | and replacement rights-of-way for relocated rail and utility |
| 650 | facilities; for existing, proposed, or anticipated |
| 651 | transportation facilities within the eight-county Tampa Bay |
| 652 | region identified by the authority; or for the purposes of |
| 653 | screening, relocation, removal, or disposal of junkyards and |
| 654 | scrap metal processing facilities. The authority may condemn any |
| 655 | material and property necessary for such purposes. |
| 656 | (2) The right of eminent domain herein conferred shall be |
| 657 | exercised by the authority in the manner provided by law. |
| 658 | (3) When the authority acquires property for a |
| 659 | transportation facility within the eight-county Tampa Bay |
| 660 | region, the authority is not subject to any liability imposed by |
| 661 | chapter 376 or chapter 403 for preexisting soil or groundwater |
| 662 | contamination due solely to its ownership. This section does not |
| 663 | affect the rights or liabilities of any past or future owners of |
| 664 | the acquired property, nor does it affect the liability of any |
| 665 | governmental entity for the results of its actions which create |
| 666 | or exacerbate a pollution source. The authority and the |
| 667 | Department of Environmental Protection may enter into |
| 668 | interagency agreements for the performance, funding, and |
| 669 | reimbursement of the investigative and remedial acts necessary |
| 670 | for property acquired by the authority. |
| 671 | 343.96 Cooperation with other units, boards, agencies, and |
| 672 | individuals.--Express authority and power is hereby given and |
| 673 | granted to any county, municipality, drainage district, road and |
| 674 | bridge district, school district, or any other political |
| 675 | subdivision, board, commission, or individual in or of the state |
| 676 | to make and enter into contracts, leases, conveyances, |
| 677 | partnerships, or other agreements with the authority within the |
| 678 | provisions and purposes of this part. The authority may make and |
| 679 | enter into contracts, leases, conveyances, partnerships, and |
| 680 | other agreements with any political subdivision, agency, or |
| 681 | instrumentality of the state and any and all federal agencies, |
| 682 | corporations, and individuals for the purpose of carrying out |
| 683 | the provisions of this part. |
| 684 | 343.962 Public-private partnerships.-- |
| 685 | (1) The authority may receive or solicit proposals and |
| 686 | enter into agreements with private entities or consortia thereof |
| 687 | for the building, operation, ownership, or financing of |
| 688 | transportation facilities within the jurisdiction of the |
| 689 | authority. Before approval, the authority must determine that a |
| 690 | proposed project: |
| 691 | (a) Is in the public's best interest. |
| 692 | (b) Would not require state funds to be used unless the |
| 693 | project is on or provides increased mobility on the State |
| 694 | Highway System. |
| 695 | (c) Would have adequate safeguards to ensure that |
| 696 | additional costs or service disruptions would not be realized by |
| 697 | the traveling public and citizens of the state in the event of |
| 698 | default or the cancellation of the agreement by the authority. |
| 699 | (2) The authority shall ensure that all reasonable costs |
| 700 | to the state related to transportation facilities that are not |
| 701 | part of the State Highway System are borne by the private |
| 702 | entity. The authority shall also ensure that all reasonable |
| 703 | costs to the state and substantially affected local governments |
| 704 | and utilities related to the private transportation facility are |
| 705 | borne by the private entity for transportation facilities that |
| 706 | are owned by private entities. For projects on the State Highway |
| 707 | System, the department may use state resources to participate in |
| 708 | funding and financing the project as provided for under the |
| 709 | department's enabling legislation. |
| 710 | (3) The authority may request proposals for public-private |
| 711 | transportation projects or, if it receives an unsolicited |
| 712 | proposal, the authority must publish a notice in the Florida |
| 713 | Administrative Weekly and a newspaper of general circulation in |
| 714 | the county in which the proposed project is located at least |
| 715 | once a week for 2 weeks stating that it has received the |
| 716 | proposal and will accept, for 60 days after the initial date of |
| 717 | publication, other proposals for the same project purpose. A |
| 718 | copy of the notice must be mailed to each local government in |
| 719 | the affected areas. After the public notification period has |
| 720 | expired, the authority shall rank the proposals in order of |
| 721 | preference. In ranking the proposals, the authority shall |
| 722 | consider professional qualifications, general business terms, |
| 723 | innovative engineering or cost-reduction terms, finance plans, |
| 724 | and the need for state funds to deliver the proposal. If the |
| 725 | authority is not satisfied with the results of the negotiations, |
| 726 | it may, at its sole discretion, terminate negotiations with the |
| 727 | proposer. If these negotiations are unsuccessful, the authority |
| 728 | may go to the second and lower-ranked firms, in order, using the |
| 729 | same procedure. If only one proposal is received, the authority |
| 730 | may negotiate in good faith and, if it is not satisfied with the |
| 731 | results, it may, at its sole discretion, terminate negotiations |
| 732 | with the proposer. Notwithstanding this subsection, the |
| 733 | authority may, at its discretion, reject all proposals at any |
| 734 | point in the process up to completion of a contract with the |
| 735 | proposer. |
| 736 | (4) Agreements entered into pursuant to this section may |
| 737 | authorize the public-private entity to impose tolls or fares for |
| 738 | the use of the facility. However, the amount and use of toll or |
| 739 | fare revenues shall be regulated by the authority to avoid |
| 740 | unreasonable costs to users of the facility. |
| 741 | (5) Each public-private transportation facility |
| 742 | constructed pursuant to this section shall comply with all |
| 743 | requirements of federal, state, and local laws; state, regional, |
| 744 | and local comprehensive plans; the authority's rules, policies, |
| 745 | procedures, and standards for transportation facilities; and any |
| 746 | other conditions that the authority determines to be in the |
| 747 | public's best interest. |
| 748 | (6) The authority may exercise any of its powers, |
| 749 | including eminent domain, to facilitate the development and |
| 750 | construction of transportation projects pursuant to this |
| 751 | section. The authority may pay all or part of the cost of |
| 752 | operating and maintaining the facility or may provide services |
| 753 | to the private entity, for which services it shall receive full |
| 754 | or partial reimbursement. |
| 755 | (7) Except as provided in this section, this section is |
| 756 | not intended to amend existing law by granting additional powers |
| 757 | to or imposing further restrictions on the governmental entities |
| 758 | with regard to regulating and entering into cooperative |
| 759 | arrangements with the private sector for the planning, |
| 760 | construction, and operation of transportation facilities. |
| 761 | (8) The authority may adopt rules pursuant to ss. |
| 762 | 120.536(1) and 120.54 to implement this section and shall, by |
| 763 | rule, establish an application fee for the submission of |
| 764 | unsolicited proposals under this section. The fee must be |
| 765 | sufficient to pay the costs of evaluating the proposals. |
| 766 | 343.97 Exemption from taxation.--The effectuation of the |
| 767 | authorized purposes of the authority created under this part is |
| 768 | for the benefit of the people of this state, for the increase of |
| 769 | their commerce and prosperity, and for the improvement of their |
| 770 | health and living conditions and, because the authority performs |
| 771 | essential governmental functions in effectuating such purposes, |
| 772 | the authority is not required to pay any taxes or assessments of |
| 773 | any kind or nature whatsoever upon any property acquired or used |
| 774 | by it for such purposes, or upon any rates, fees, rentals, |
| 775 | receipts, income, or charges at any time received by it. The |
| 776 | bonds issued by the authority, their transfer, and the income |
| 777 | therefrom, including any profits made on the sale thereof, shall |
| 778 | at all times be free from taxation of any kind by the state or |
| 779 | by any political subdivision, taxing agency, or instrumentality |
| 780 | thereof. The exemption granted by this section does not apply to |
| 781 | any tax imposed by chapter 220 on interest, income, or profits |
| 782 | on debt obligations owned by corporations. |
| 783 | 343.973 Eligibility for investments and security.--Any |
| 784 | bonds or other obligations issued pursuant to this part shall be |
| 785 | and constitute legal investments for banks, savings banks, |
| 786 | trustees, executors, administrators, and all other fiduciaries |
| 787 | and for all state, municipal, and other public funds and shall |
| 788 | also be and constitute securities eligible for deposit as |
| 789 | security for all state, municipal, or other public funds, |
| 790 | notwithstanding 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 |
| 793 | the existing powers of the board and the department. This part |
| 794 | does not repeal any of the provisions of any other law, general, |
| 795 | special, or local, but supplements such other laws in the |
| 796 | exercise of the powers provided in this part and provides a |
| 797 | complete method for the exercise of the powers granted in this |
| 798 | part. The projects planned and constructed by the Tampa Bay |
| 799 | Regional Transportation Authority shall comply with all |
| 800 | applicable federal, state, and local laws and be consistent with |
| 801 | the applicable state, regional, and local comprehensive plans. |
| 802 | The extension and improvement of the system, and the issuance of |
| 803 | bonds hereunder to finance all or part of the cost thereof, may |
| 804 | be accomplished upon compliance with the provisions of this part |
| 805 | without regard to or necessity for compliance with the |
| 806 | provisions, limitations, or restrictions contained in any other |
| 807 | general, special, or local law, including, but not limited to, |
| 808 | s. 215.821. An approval of any bonds issued under this part by |
| 809 | the qualified electors or qualified electors who are freeholders |
| 810 | in the state or in any other political subdivision of the state |
| 811 | is not required for the issuance of such bonds pursuant to this |
| 812 | part. |
| 813 | (2) This part does not repeal, rescind, or modify any |
| 814 | other law relating to the State Board of Administration, the |
| 815 | Department of Transportation, the Tampa-Hillsborough County |
| 816 | Expressway Authority, the Tampa Bay Commuter Transit Authority, |
| 817 | the Bay Area Regional Transportation Planning Organization, or |
| 818 | the Division of Bond Finance within the State Board of |
| 819 | Administration; however, this part supersedes such other laws as |
| 820 | are inconsistent with its provisions, including, but not limited |
| 821 | to, s. 215.821. |
| 822 | (3) This part does not preclude the department from |
| 823 | acquiring, holding, constructing, improving, maintaining, |
| 824 | operating, or owning tolled or nontolled facilities funded and |
| 825 | constructed from nonauthority sources that are part of the State |
| 826 | Highway System within the geographical boundaries of the Tampa |
| 827 | Bay Regional Transportation Authority. |
| 828 | Section 32. Subsection (3) of section 343.74, Florida |
| 829 | Statutes, is amended to read: |
| 830 | 343.74 Powers and duties.-- |
| 831 | (3)(a) The authority shall develop and adopt a plan for |
| 832 | the development of the Tampa Bay Commuter Rail or Commuter Ferry |
| 833 | Service. Such plan shall address the authority's plan for the |
| 834 | development of public and private revenue sources, funding of |
| 835 | operating and capital costs, the service to be provided and the |
| 836 | extent to which counties within the authority are to be served. |
| 837 | The plan shall be reviewed and updated annually. Such plan shall |
| 838 | be consistent, to the maximum extent feasible, with the approved |
| 839 | local government comprehensive plan of the units of local |
| 840 | government served by the authority. |
| 841 | (b) The authority's plan must be developed in consultation |
| 842 | with the Bay Area Regional Transportation Planning Organization |
| 843 | and 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: |
| 847 | creating part V of chapter 343, F.S.; creating s. 343.90, |
| 848 | F.S.; providing a short title; creating s. 343.91, F.S.; |
| 849 | providing definitions; creating s. 343.92, F.S.; creating |
| 850 | the Tampa Bay Regional Transportation Authority; providing |
| 851 | for organization and membership; providing for |
| 852 | reimbursement of travel expenses and per diem; requiring |
| 853 | members to comply with specified financial disclosure |
| 854 | provisions; providing for employees and advisory |
| 855 | committees; creating s. 343.922, F.S.; specifying purposes |
| 856 | of the authority; providing for rights, powers, and duties |
| 857 | of the authority; authorizing the authority to construct, |
| 858 | operate, and maintain certain transportation facilities; |
| 859 | providing requirements for construction of transportation |
| 860 | projects; authorizing the authority to collect tolls on |
| 861 | its transportation facilities; requiring the authority to |
| 862 | develop and adopt a regional transportation master plan by |
| 863 | a date certain; providing for content, updates, and use of |
| 864 | the plan; authorizing the authority to request funding and |
| 865 | technical assistance; authorizing the authority to borrow |
| 866 | money, enter into partnerships and other agreements, enter |
| 867 | into and make lease-purchase agreements, and make |
| 868 | contracts for certain purposes; specifying that the |
| 869 | authority does not have power to pledge the credit or |
| 870 | taxing power of the state; creating s. 343.94, F.S.; |
| 871 | providing legislative approval of bond financing by the |
| 872 | authority for its projects; providing for issuance of the |
| 873 | bonds by the authority or the Division of Bond Finance; |
| 874 | providing for contract with bondholders; authorizing the |
| 875 | authority to employ fiscal agents; authorizing the State |
| 876 | Board of Administration to act as fiscal agent; creating |
| 877 | s. 343.941, F.S.; providing that the authority's bonds are |
| 878 | not debts of the state; creating s. 343.943, F.S.; |
| 879 | providing a state covenant with bondholders; creating s. |
| 880 | 343.944, F.S.; providing certain rights and remedies for |
| 881 | bondholders; creating s. 343.945, F.S.; providing for |
| 882 | enforcement by bondholders of pledges to the authority |
| 883 | from the department; creating s. 343.946, F.S.; providing |
| 884 | for lease-purchase agreements between the authority and |
| 885 | the department; creating s. 343.947, F.S.; providing for |
| 886 | the department to act as an agent for the authority for |
| 887 | the purposes of constructing and completing the |
| 888 | authority's projects; creating s. 343.95, F.S.; providing |
| 889 | for the authority to purchase property and property |
| 890 | rights; creating s. 343.96, F.S.; providing for the |
| 891 | authority to enter into cooperative agreements with other |
| 892 | entities and persons; creating s. 343.962, F.S.; providing |
| 893 | for the authority to enter into certain public-private |
| 894 | agreements under certain conditions; providing procedures |
| 895 | for proposals for public-private transportation projects; |
| 896 | providing criteria for the constructed facilities; |
| 897 | authorizing the authority to use certain powers to |
| 898 | facilitate project development and construction; providing |
| 899 | intent relating to governmental entities; authorizing the |
| 900 | authority to adopt certain rules and establish an |
| 901 | application fee; creating s. 343.97, F.S.; exempting the |
| 902 | authority from certain taxation; creating s. 348.973, |
| 903 | F.S.; specifying that bonds or other obligations issued by |
| 904 | the authority are legal investments constituting |
| 905 | securities for certain purposes; creating s. 343.975, |
| 906 | F.S.; providing for application and effect of specified |
| 907 | provisions; amending s. 343.74, F.S.; providing that the |
| 908 | Tampa Bay Commuter Transit Authority development plan must |
| 909 | be developed in consultation with certain regional |
| 910 | entities; |