HB 251

1
A bill to be entitled
2An act relating to regional transportation facilities;
3creating part V of chapter 343, F.S.; creating s. 343.90,
4F.S.; providing a short title; creating s. 343.91, F.S.;
5providing definitions; creating s. 343.92, F.S.; creating
6the Bay Area Regional Transportation Authority, comprising
7Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas,
8and Sarasota Counties; providing for organization and
9membership; providing for reimbursement of travel expenses
10and per diem; requiring members to comply with specified
11financial disclosure provisions; providing for employees
12and advisory committees; creating s. 343.922, F.S.;
13specifying purposes of the authority; providing for
14rights, powers, and duties of the authority; authorizing
15the authority to construct, operate, and maintain certain
16multimodal transportation systems; authorizing the
17authority to collect fares and tolls on its transportation
18facilities; requiring the authority to develop and adopt a
19regional multimodal transportation master plan by a date
20certain; providing for content, updates, and use of the
21plan; authorizing the authority to request funding and
22technical assistance; authorizing the authority to borrow
23money, enter into partnerships and other agreements, enter
24into and make lease-purchase agreements, and make
25contracts for certain purposes; specifying that the
26authority does not have power to pledge the credit or
27taxing power of the state; creating s. 343.94, F.S.;
28providing legislative approval of bond financing by the
29authority for its projects; providing for issuance of the
30bonds by the authority or the Division of Bond Finance;
31providing for contract with bondholders; authorizing the
32authority to employ fiscal agents; authorizing the State
33Board of Administration to act as fiscal agent; creating
34s. 343.941, F.S.; providing that the authority's bonds are
35not debts or pledges of faith and credit of the state;
36creating s. 343.943, F.S.; providing a state covenant with
37bondholders; creating s. 343.944, F.S.; providing certain
38rights and remedies for bondholders; creating s. 343.945,
39F.S.; providing for enforcement by bondholders of pledges
40to the authority from the department; creating s. 343.946,
41F.S.; providing for lease-purchase agreements between the
42authority and the department; creating s. 343.947, F.S.;
43providing for the department to act as an agent for the
44authority for the purposes of constructing and completing
45the authority's projects; creating s. 343.95, F.S.;
46providing for the authority to purchase property and
47property rights; creating s. 343.96, F.S.; providing for
48the authority to enter into cooperative agreements with
49other entities and persons; creating s. 343.962, F.S.;
50providing for the authority to enter into certain public-
51private agreements under certain conditions; providing
52procedures for proposals for public-private multimodal
53transportation projects; authorizing the public-private
54entity to impose certain tolls or fares for use of the
55systems; providing criteria for the constructed systems;
56authorizing the authority to use certain powers to
57facilitate project development, construction, and
58operation; providing intent relating to governmental
59entities; authorizing the authority to adopt certain rules
60and establish an application fee; creating s. 343.97,
61F.S.; exempting the authority from certain taxation;
62creating s. 343.973, F.S.; specifying that bonds or other
63obligations issued by the authority are legal investments
64constituting securities for certain purposes; creating s.
65343.975, F.S.; providing for application and effect of
66specified provisions; providing an effective date.
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  Part V of chapter 343, Florida Statutes,
71consisting of sections 343.90, 343.91, 343.92, 343.922, 343.94,
72343.941, 343.943, 343.944, 343.945, 343.946, 343.947, 343.95,
73343.96, 343.962, 343.97, 343.973, and 343.975, is created to
74read:
75     343.90  Short title.--This part may be cited as the "Bay
76Area Regional Transportation Authority Act."
77     343.91  Definitions.--
78     (1)  The following terms, whenever used or referred to in
79this part, shall have the following meanings, except in those
80instances where the context clearly indicates otherwise:
81     (a)  "Authority" means the Bay Area Regional Transportation
82Authority, the body politic and corporate and agency of the
83state created by this part, covering the seven-county area
84comprised of Citrus, Hernando, Hillsborough, Pasco, Pinellas,
85Manatee, and Sarasota Counties.
86     (b)  "Board" means the governing body of the authority.
87     (c)  "Bonds" means the notes, bonds, refunding bonds, or
88other evidences of indebtedness or obligations, in either
89temporary or definitive form, which the authority is authorized
90to issue under this part.
91     (d)1.  "Bus rapid transit" means a type of limited-stop bus
92service that relies on technology to help expedite service
93through priority for transit, rapid and convenient fare
94collection, and integration with land use to substantially
95upgrade performance of buses operating on exclusive, high-
96occupancy-vehicle lanes, expressways, or ordinary streets.
97     2.  "Express bus" means a type of bus service designed to
98expedite longer trips, especially in major metropolitan areas
99during heavily patronized peak commuting hours, by operating
100over long distances without stopping on freeways or partially
101controlled access roadway facilities.
102     (e)1.  "Commuter rail" means a complete system of tracks,
103guideways, stations, and rolling stock necessary to effectuate
104medium-distance to long-distance passenger rail service to,
105from, or within the municipalities within the authority's
106designated seven-county region.
107     2.  "Heavy rail transit" means a complete rail system
108operating on an electric railway with the capacity for a heavy
109volume of traffic, characterized by high-speed and rapid-
110acceleration passenger rail cars operating singly or in multicar
111trains on fixed rails in separate rights-of-way from which all
112other vehicular and pedestrian traffic are excluded. "Heavy rail
113transit" includes metro, subway, elevated, rapid transit, and
114rapid rail systems.
115     3.  "Light rail transit" means a complete system of tracks,
116overhead catenaries, stations, and platforms with lightweight
117passenger rail cars operating singly or in short, multicar
118trains on fixed rails in rights-of-way that are not separated
119from other traffic for much of the way.
120     (f)  "Consultation" means that one party confers with
121another identified party in accordance with an established
122process and, prior to taking action, considers that party's
123views and periodically informs that party about actions taken.
124     (g)  "Coordination" means the comparison of the
125transportation plans, programs, and schedules of one agency with
126related plans, programs, and schedules of other agencies or
127entities with legal standing and adjustment of plans, programs,
128and schedules to achieve general consistency to the extent
129practicable.
130     (h)  "Department" means the Florida Department of
131Transportation.
132     (i)  "Lease-purchase agreement" means a lease-purchase
133agreement that the authority is authorized under this part to
134enter into with the department.
135     (j)  "Limited access expressway" or "expressway" means a
136street or highway especially designed for through traffic and
137over, from, or to which a person does not have the right of
138easement, use, or access except in accordance with the rules
139adopted and established by the authority for the use of such
140facility.
141     (k)  "Members" means the individuals constituting the
142governing body of the authority.
143     (l)  "Multimodal transportation system" means a well-
144connected network of transportation modes reflecting a high
145level of accessibility between modes and proximity to supportive
146land use patterns.
147     (m)  "Park-and-ride lot" means a transit station stop or a
148carpool or vanpool waiting area to which patrons may drive
149private vehicles for parking before gaining access to transit,
150commuter rail, or heavy rail systems or taking carpool or
151vanpool vehicles to their destinations.
152     (n)  "State Board of Administration" means the body
153corporate existing under the provisions of s. 9, Art. XII of the
154State Constitution, or any successor thereto.
155     (o)  "Transit-oriented development" means a mixed-use
156residential or commercial area designed to maximize access to
157public transportation and often incorporates features to
158encourage transit ridership. A transit-oriented development
159neighborhood typically has a center with a train station, tram
160stop, or bus station surrounded by relatively high-density
161development with progressively lower-density development
162spreading outward from the center, typically within 1/2 mile of
163the stop or station.
164     (p)  "Transit station" means a public transportation
165passenger facility that is accessible either at street level or
166on above-grade platforms and often surrounded by pedestrian-
167friendly, higher-density development or park-and-ride lots.
168     (2)  Terms importing singular number include the plural
169number in each case and vice versa, and terms importing persons
170include firms and corporations.
171     343.92  Bay Area Regional Transportation Authority.--
172     (1)  There is created and established a body politic and
173corporate, an agency of the state, to be known as the Bay Area
174Regional Transportation Authority, hereinafter referred to as
175the authority.
176     (2)  The governing board of the authority shall consist of
17717 members.
178     (a)  There shall be two nonvoting, ex officio members of
179the board who shall be appointed by the secretary of the
180department but must be the district secretary, or his or her
181designee, for each department district within the seven-county
182area of the authority.
183     (b)  There shall be 15 voting members of the board as
184follows:
185     1.  The county commissions of Citrus, Hernando,
186Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
187shall each appoint one elected official to the board. Members
188appointed under this subparagraph shall serve 2-year terms with
189not more than three consecutive terms being served by any
190person. If a member under this subparagraph leaves elected
191office, a vacancy exists on the board to be filled as provided
192in this subparagraph.
193     2.  The West Central Florida M.P.O. Chairs Coordinating
194Committee shall appoint one member to the board who must be a
195chair of one of the six metropolitan planning organizations in
196the region. The member appointed under this subparagraph shall
197serve a 2-year term with not more than three consecutive terms
198being served by any person.
199     3.a.  Two members of the board shall be the mayor, or the
200mayor's designee, of the largest municipality within the service
201area of each of the following independent transit agencies or
202their legislatively created successor agencies: Pinellas
203Suncoast Transit Authority and Hillsborough Area Regional
204Transit Authority. The largest municipality is that municipality
205with the largest population as determined by the most recent
206United States Decennial Census.
207     b.  Should a mayor choose not to serve, his or her designee
208must be an elected official selected by the mayor from that
209largest municipality's city council or city commission. A mayor
210or his or her designee shall serve a 2-year term with not more
211than three consecutive terms being served by any person.
212     c.  A designee's term ends if the mayor leaves office for
213any reason. If a designee leaves elected office on the city
214council or commission, a vacancy exists on the board to be
215filled by the mayor of that municipality as provided in sub-
216subparagraph a.
217     d.  A mayor who has served three consecutive terms on the
218board must designate an elected official from that largest
219municipality's city council or city commission to serve on the
220board for at least one term.
221     4.a.  One membership on the board shall rotate every 2
222years between the mayor, or his or her designee, of the largest
223municipality within Manatee County and the mayor, or his or her
224designee, of the largest municipality within Sarasota County.
225The mayor, or his or her designee, from the largest municipality
226within Manatee County shall serve the first 2-year term. The
227largest municipality is that municipality with the largest
228population as determined by the most recent United States
229Decennial Census.
230b.  Should a mayor choose not to serve, his or her designee
231must be an elected official selected by the mayor from that
232municipality's city council or city commission.
233     5.  The Governor shall appoint to the board four business
234representatives who are not elected officials, two of whom shall
235represent counties within the federally designated Tampa Bay
236Transportation Management Area. Members appointed by the
237Governor shall serve 3-year terms with not more than two
238consecutive terms being served by any person.
239     (c)  Appointments may be staggered to avoid mass turnover
240at the end of any 2-year or 4-year period. A vacancy during a
241term shall be filled by the respective appointing authority
242within 90 days in the same manner as the original appointment
243and only for the remainder of the unexpired term.
244     (3)  The members of the board shall serve without
245compensation but shall be entitled to receive from the authority
246reimbursement for travel expenses and per diem actually incurred
247in connection with the business of the authority as provided in
248s. 112.061.
249     (4)  Members of the board shall comply with the applicable
250financial disclosure requirements of ss. 112.3145, 112.3148, and
251112.3149.
252     (5)  The board shall appoint from among its members a
253chair, a vice chair, and a secretary-treasurer, who shall each
254serve a term of 1 year and who may be reappointed by the board.
255     (6)  The board may establish committees for the following
256areas:
257     (a)  Planning.
258     (b)  Policy.
259     (c)  Finance.
260     (7)  The authority may employ an executive director, an
261executive secretary, its own legal counsel and legal staff,
262technical experts, engineers, and such employees, permanent or
263temporary, as it may require. The authority shall determine the
264qualifications and fix the compensation of such persons, firms,
265or corporations and may employ a fiscal agent or agents;
266however, the authority shall solicit sealed proposals from at
267least three persons, firms, or corporations for the performance
268of any services as fiscal agents. The authority may delegate, as
269it shall deem necessary, its power to one or more of its agents
270or employees to carry out the purposes of this part, subject
271always to the supervision and control of the authority.
272     (8)(a)  The authority shall establish a Transit Management
273Committee comprised of the executive directors or general
274managers, or their designees, of each of the existing transit
275providers and Bay Area commuter services.
276     (b)  The authority shall establish a Citizens Advisory
277Committee comprised of appointed citizen committee members from
278each county and transit provider in the region, not to exceed 16
279members.
280     (c)  The authority may establish technical advisory
281committees to provide guidance and advice on regional
282transportation issues. The authority shall establish the size,
283composition, and focus of any technical advisory committee
284created.
285     (d)  Persons appointed to a committee shall serve without
286compensation but may be entitled to per diem or travel expenses
287as provided in s. 112.061.
288     343.922  Powers and duties.--
289     (1)  The express purposes of the authority are to improve
290mobility and expand multimodal transportation options for
291passengers and freight throughout the seven-county Bay Area
292region.
293     (2)(a)  The authority has the right to plan, develop,
294finance, construct, own, purchase, operate, maintain, relocate,
295equip, repair, and manage those public transportation projects,
296such as express bus services; bus rapid transit services; light
297rail, commuter rail, heavy rail, or other transit services;
298ferry services; transit stations; park-and-ride lots; transit-
299oriented development nodes; or feeder roads, reliever roads,
300connector roads, bypasses, or appurtenant facilities, that are
301intended to address critical transportation needs or concerns in
302the Bay Area region as identified by the authority by July 1,
3032009. These projects may also include all necessary approaches,
304roads, bridges, and avenues of access that are desirable and
305proper with the concurrence of the department, as applicable, if
306the project is to be part of the State Highway System.
307     (b)  Any transportation facilities constructed by the
308authority may be tolled. Fare payment methods for public
309transportation projects shall promote seamless integration
310between regional and local transit systems. Tolling technologies
311shall be consistent with the systems used by the Florida
312Turnpike Enterprise for the purpose of allowing the use of a
313single transponder or a similar electronic tolling device for
314all facilities of the authority and the Florida Turnpike
315Enterprise.
316     (c)  The authority shall coordinate and consult with local
317governments on transit or commuter rail station area plans that
318provide for compact, mixed-use, transit-oriented development
319that will support transit investments and provide a variety of
320workforce housing choices, recognizing the need for housing
321alternatives for a variety of income ranges.
322     (3)(a)  No later than July 1, 2009, the authority shall
323develop and adopt a regional transportation master plan that
324provides a vision for a regionally integrated multimodal
325transportation system. The goals and objectives of the master
326plan are to identify areas of the Bay Area region where
327multimodal mobility, traffic safety, freight mobility, and
328efficient emergency evacuation alternatives need to be improved;
329identify areas of the region where multimodal transportation
330systems would be most beneficial to enhance mobility and
331economic development; develop methods of building partnerships
332with local governments, existing transit providers, expressway
333authorities, seaports, airports, and other local, state, and
334federal entities; develop methods of building partnerships with
335CSX Corporation and CSX Transportation, Inc., to craft mutually
336beneficial solutions to achieve the authority's objectives, and
337with other private-sector business community entities that may
338further the authority's mission, and engage the public in
339support of regional multimodal transportation improvements;
340identify projects that will accomplish these goals and
341objectives, including, without limitation, the creation of
342express bus and bus rapid transit services, light rail, commuter
343rail, and heavy rail transit services, ferry services, freight
344services, and any other multimodal transportation system
345projects that address critical transportation needs or concerns,
346pursuant to subsection (2); and identify the costs of the
347proposed projects and revenue sources that could be used to pay
348those costs. The adoption of the master plan by the authority is
349not a rule subject to the rulemaking procedures of chapter 120.
350     (b)  The authority shall consult with the department to
351further the goals and objectives of the Strategic Regional
352Transit Needs Assessment completed by the department.
353     (c)  After its adoption, the master plan shall be updated
354every 2 years before July 1.
355     (d)  The authority shall present the original master plan
356and updates to the governing bodies of the counties within the
357seven-county region, to the West Central Florida M.P.O. Chairs
358Coordinating Committee, and to the legislative delegation
359members representing those counties within 90 days after
360adoption.
361     (e)  The authority shall coordinate plans and projects with
362the West Central Florida M.P.O. Chairs Coordinating Committee,
363to the extent practicable, and participate in the regional
364M.P.O. planning process to ensure regional comprehension of the
365authority's mission, goals, and objectives.
366     (4)  The authority may undertake projects or other
367improvements in the master plan in phases as particular projects
368or segments become feasible, as determined by the authority.
369The authority shall coordinate project planning, development,
370and implementation with the applicable adopted comprehensive
371plans of local governments within whose jurisdictions the
372projects or improvements will be located to define and resolve
373potential inconsistencies between plans. In carrying out its
374purposes and powers, the authority may request funding and
375technical assistance from the department and appropriate federal
376and local agencies, including, but not limited to, state
377infrastructure bank loans, advances from the Toll Facilities
378Revolving Trust Fund, and funding and technical assistance from
379any other source.
380     (5)  The authority is granted and may exercise all powers
381necessary, appurtenant, convenient, or incidental to the
382carrying out of the aforesaid purposes, including, but not
383limited to, the following rights and powers:
384     (a)  To sue and be sued, implead and be impleaded, and
385complain and defend in all courts in its own name.
386     (b)  To adopt and use a corporate seal.
387     (c)  To have the power of eminent domain, including the
388procedural powers granted under chapters 73 and 74.
389     (d)  To acquire by donation or otherwise, purchase, hold,
390construct, maintain, improve, operate, own, lease as a lessee,
391and use any franchise or property, real, personal, or mixed,
392tangible or intangible, or any option thereof in its own name or
393in conjunction with others, or any interest therein, necessary
394or desirable for carrying out the purposes of the authority.
395     (e)  To sell, convey, exchange, lease as a lessor,
396transfer, or otherwise dispose of any real or personal property,
397or interest therein, acquired by the authority, including air
398rights.
399     (f)  To fix, alter, establish, and collect rates, fares,
400fees, rentals, tolls, and other charges for the services and use
401of any light rail, commuter rail, heavy rail, bus rapid transit,
402or express bus services, ferry services, highways, feeder roads,
403bridges, or other transportation facilities owned or operated by
404the authority. These rates, fares, fees, rentals, tolls, and
405other charges shall always be sufficient to comply with any
406covenants made with the holders of any bonds issued pursuant to
407this part; however, such right and power may be assigned or
408delegated by the authority to the department.
409     (g)  To borrow money and to make and issue negotiable
410notes, bonds, refunding bonds, and other evidences of
411indebtedness or obligations, either in temporary or definitive
412form, hereinafter in this chapter sometimes called "revenue
413bonds" of the authority, for the purpose of financing all or
414part of the mobility improvements within the Bay Area region, as
415well as the appurtenant facilities, including all approaches,
416streets, roads, bridges, and avenues of access authorized by
417this part, the bonds to mature not exceeding 40 years after the
418date of the issuance thereof, and to secure the payment of such
419bonds or any part thereof by a pledge of any or all of its
420revenues, rates, fees, rentals, or other charges.
421     (h)  To adopt bylaws for the regulation of the affairs and
422the conduct of the business of the authority. The bylaws shall
423provide for quorum and voting requirements, maintenance of
424minutes and other official records, and preparation and adoption
425of an annual budget.
426     (i)  To lease, rent, or contract for the operation or
427management of any part of a transportation system facility built
428by the authority. In awarding any contract, the authority shall
429consider, but is not limited to, the following:
430     1.  The qualifications of each applicant.
431     2.  The level or quality of service.
432     3.  The efficiency, cost, and anticipated revenue.
433     4.  The construction, operation, and management plan.
434     5.  The financial ability to provide reliable service.
435     6.  The impact on other transportation modes, including the
436ability to interface with other transportation modes and
437facilities.
438     (j)  To enforce collection of rates, fees, tolls, and
439charges and to establish and enforce fines and penalties for
440violations of any rules.
441     (k)  To advertise, market, and promote regional transit
442services and facilities, freight mobility plans and projects,
443and the general activities of the authority.
444     (l)  To cooperate with other governmental entities and to
445contract with other governmental agencies, including the Federal
446Government, the department, counties, transit authorities or
447agencies, municipalities, and expressway and bridge authorities.
448     (m)  To enter into joint development agreements,
449partnerships, and other agreements with public and private
450entities respecting ownership and revenue participation in order
451to facilitate financing and constructing any project or portions
452thereof.
453     (n)  To accept grants and other funds from other
454governmental sources and to accept private donations. However,
455the authority shall not be directly eligible for Transportation
456Regional Incentive Program funds allocated pursuant to s.
457339.2819, except through interlocal agreement with an eligible
458recipient.
459     (o)  To purchase directly from local, national, or
460international insurance companies liability insurance that the
461authority is contractually and legally obligated to provide,
462notwithstanding the requirements of s. 287.022(1).
463     (p)  To enter into and make lease-purchase agreements with
464the department for terms not exceeding 40 years or until any
465bonds secured by a pledge of rentals thereunder, and any
466refundings thereof, are fully paid as to both principal and
467interest, whichever is longer.
468     (q)  To make contracts of every name and nature, including,
469but not limited to, partnerships providing for participation in
470ownership and revenues, and to execute all instruments necessary
471or convenient for the carrying on of its business.
472     (r)  To do all acts and things necessary or convenient for
473the conduct of its business and the general welfare of the
474authority in order to carry out the powers granted to it by this
475part or any other law.
476     (6)  The authority shall institute procedures to ensure
477that jobs created as a result of state funding pursuant to this
478section shall be subject to equal opportunity hiring practices
479as provided for in s. 110.112.
480     (7)  The authority shall comply with all statutory
481requirements of general application which relate to the filing
482of any report or documentation required by law, including the
483requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
484     (8)  The authority does not have power at any time or in
485any manner to pledge the credit or taxing power of the state or
486any political subdivision or agency thereof, nor shall any of
487the authority's obligations be deemed to be obligations of the
488state or of any political subdivision or agency thereof, nor
489shall the state or any political subdivision or agency thereof,
490except the authority, be liable for the payment of the principal
491of or interest on such obligations.
492     343.94  Bond financing authority.--
493     (1)  Pursuant to s. 11(f), Art. VII of the State
494Constitution, the Legislature approves bond financing by the Bay
495Area Regional Transportation Authority for construction of or
496improvements to commuter rail systems, transit systems, ferry
497systems, highways, bridges, toll collection facilities,
498interchanges to the system, and any other transportation
499facility appurtenant, necessary, or incidental to the system.
500Subject to terms and conditions of applicable revenue bond
501resolutions and covenants, such costs may be financed in whole
502or in part by revenue bonds issued pursuant to paragraph (2)(a)
503or paragraph (2)(b), whether currently issued or issued in the
504future or by a combination of such bonds.
505     (2)(a)  Bonds may be issued on behalf of the authority
506pursuant to the State Bond Act.
507     (b)  Alternatively, the authority may issue its own bonds
508pursuant to this part at such times and in such principal amount
509as, in the opinion of the authority, is necessary to provide
510sufficient moneys for achieving its purposes; however, such
511bonds may not pledge the full faith and credit of the state.
512Bonds issued by the authority pursuant to this paragraph or
513paragraph (a), whether on original issuance or on refunding,
514shall be authorized by resolution of the members thereof, may be
515either term or serial bonds, and shall bear such date or dates,
516mature at such time or times, not exceeding 40 years after their
517respective dates, bear interest at such rate or rates, be
518payable semiannually, be in such denominations, be in such form,
519either coupon or fully registered, carry such registration,
520exchangeability, and interchangeability privileges, be payable
521in such medium of payment and at such place or places, be
522subject to such terms of redemption, and be entitled to such
523priorities on the revenues, rates, fees, rentals, or other
524charges or receipts of the authority, including revenues from
525lease-purchase agreements, as such resolution or any resolution
526subsequent thereto may provide. The bonds shall be executed
527either by manual or facsimile signature by such officers as the
528authority shall determine; however, such bonds shall bear at
529least one signature that is manually executed thereon, and the
530coupons attached to such bonds shall bear the facsimile
531signature or signatures of such officer or officers as shall be
532designated by the authority and have the seal of the authority
533affixed, imprinted, reproduced, or lithographed thereon, all as
534may be prescribed in such resolution or resolutions.
535     (c)  Bonds issued pursuant to paragraph (a) or paragraph
536(b) shall be sold at public sale in the manner provided by the
537State Bond Act. However, if the authority, by official action at
538a public meeting, determines that a negotiated sale of such
539bonds is in the best interest of the authority, the authority
540may negotiate the sale of such bonds with the underwriter
541designated by the authority and the Division of Bond Finance
542within the State Board of Administration with respect to bonds
543issued pursuant to paragraph (a) or solely by the authority with
544respect to bonds issued pursuant to paragraph (b). The
545authority's determination to negotiate the sale of such bonds
546may be based, in part, upon the written advice of the
547authority's financial adviser. Pending the preparation of
548definitive bonds, interim certificates may be issued to the
549purchaser or purchasers of such bonds and may contain such terms
550and conditions as the authority may determine.
551     (d)  The authority may issue bonds pursuant to paragraph
552(b) to refund any bonds previously issued regardless of whether
553the bonds being refunded were issued by the authority pursuant
554to this chapter or on behalf of the authority pursuant to the
555State Bond Act.
556     (3)  Any such resolution or resolutions authorizing any
557bonds hereunder may contain provisions that are part of the
558contract with the holders of such bonds, as to:
559     (a)  The pledging of all or any part of the revenues,
560fares, rates, fees, rentals, or other charges or receipts of the
561authority, derived by the authority.
562     (b)  The completion, improvement, operation, extension,
563maintenance, repair, or lease of, or lease-purchase agreement
564relating to, the system and the duties of the authority and
565others, including the department, with reference thereto.
566     (c)  Limitations on the purposes to which the proceeds of
567the bonds, then or thereafter to be issued, or of any loan or
568grant by the United States or the state may be applied.
569     (d)  The fixing, charging, establishing, and collecting of
570rates, fees, rentals, or other charges for use of the services
571and facilities constructed by the authority.
572     (e)  The setting aside of reserves or sinking funds or
573repair and replacement funds and the regulation and disposition
574thereof.
575     (f)  Limitations on the issuance of additional bonds.
576     (g)  The terms and provisions of any lease-purchase
577agreement, deed of trust, or indenture securing the bonds or
578under which the same may be issued.
579     (h)  Any other or additional agreements with the holders of
580the bonds which the authority may deem desirable and proper.
581     (4)  The authority may employ fiscal agents as provided by
582this part or the State Board of Administration may, upon request
583of the authority, act as fiscal agent for the authority in the
584issuance of any bonds that are issued pursuant to this part, and
585the State Board of Administration may, upon request of the
586authority, take over the management, control, administration,
587custody, and payment of any or all debt services or funds or
588assets now or hereafter available for any bonds issued pursuant
589to this part. The authority may enter into any deeds of trust,
590indentures, or other agreements with its fiscal agent, or with
591any bank or trust company within or without the state, as
592security for such bonds and may, under such agreements, sign and
593pledge all or any of the revenues, rates, fees, rentals, or
594other charges or receipts of the authority. Such deed of trust,
595indenture, or other agreement may contain such provisions as are
596customary in such instruments or as the authority authorizes,
597including, but without limitation, provisions as to:
598     (a)  The completion, improvement, operation, extension,
599maintenance, repair, and lease of, or lease-purchase agreement
600relating to, highway, bridge, and related transportation
601facilities and appurtenances and the duties of the authority and
602others, including the department, with reference thereto.
603     (b)  The application of funds and the safeguarding of funds
604on hand or on deposit.
605     (c)  The rights and remedies of the trustee and the holders
606of the bonds.
607     (d)  The terms and provisions of the bonds or the
608resolutions authorizing the issuance of the bonds.
609     (5)  Any of the bonds issued pursuant to this part are, and
610are hereby declared to be, negotiable instruments and have all
611the qualities and incidents of negotiable instruments under the
612law merchant and the negotiable instruments law of the state.
613     (6)  Notwithstanding any of the provisions of this part,
614each project, building, or facility that has been financed by
615the issuance of bonds or other evidence of indebtedness under
616this part and any refinancing thereof are hereby approved as
617provided for in s. 11(f), Art. VII of the State Constitution.
618     343.941  Bonds not debts or pledges of faith and credit of
619state.--Revenue bonds issued under the provisions of this part
620are not debts of the state or pledges of the faith and credit of
621the state. Such bonds are payable exclusively from revenues
622pledged for their payment. Each such bond shall contain a
623statement on its face that the state is not obligated to pay the
624same or the interest thereon, except from the revenues pledged
625for its payment, and that the faith and credit of the state is
626not pledged to the payment of the principal or interest of such
627bond. The issuance of revenue bonds under the provisions of this
628part does not directly, indirectly, or contingently obligate the
629state to levy or to pledge any form of taxation whatsoever, or
630to make any appropriation for their payment. No state funds
631shall be used to pay the principal or interest of any bonds
632issued to finance or refinance any portion of the authority's
633transportation projects, and each such bond shall contain a
634statement on its face to this effect.
635     343.943  Covenant of the state.--The state does hereby
636pledge to, and agrees with, any person, firm, or corporation or
637federal or state agency subscribing to or acquiring the bonds to
638be issued by the authority for the purposes of this part that
639the state will not limit or alter the rights hereby vested in
640the authority and the department until all bonds at any time
641issued, together with the interest thereon, are fully paid and
642discharged insofar as the same affects the rights of the holders
643of bonds issued hereunder. The state does further pledge to, and
644agree with, the United States that, if any federal agency
645constructs or contributes any funds for the completion,
646extension, or improvement of the system or any part or portion
647thereof, the state will not alter or limit the rights and powers
648of the authority and the department in any manner which would be
649inconsistent with the continued maintenance and operation of the
650system or the completion, extension, or improvement thereof or
651which would be inconsistent with the due performance of any
652agreements between the authority and any such federal agency.
653The authority and the department shall continue to have and may
654exercise all powers herein granted so long as necessary or
655desirable for the carrying out of the purposes of this part and
656the purposes of the United States in the completion, extension,
657or improvement of the system or any part or portion thereof.
658     343.944  Remedies of the bondholders.--
659     (1)  The rights and the remedies in this section conferred
660upon or granted to the bondholders are in addition to and not in
661limitation of any rights and remedies lawfully granted to such
662bondholders by the resolution or resolutions providing for the
663issuance of bonds or by a lease-purchase agreement, deed of
664trust, indenture, or other agreement under which the bonds may
665be issued or secured. If the authority defaults in the payment
666of the principal of or interest on any of the bonds issued
667pursuant to the provisions of this part after such principal of
668or interest on the bonds becomes due, whether at maturity or
669upon call for redemption, or the department defaults in any
670payments under, or covenants made in, any lease-purchase
671agreement between the authority and the department, and such
672default continues for a period of 30 days, or if the authority
673or the department fails or refuses to comply with the provisions
674of this part or any agreement made with, or for the benefit of,
675the holders of the bonds, the holders of 25 percent in aggregate
676principal amount of the bonds then outstanding may appoint a
677trustee to represent such bondholders for the purposes hereof,
678if such holders of 25 percent in aggregate principal amount of
679the bonds then outstanding shall first give notice of their
680intention to appoint a trustee to the authority and to the
681department. Such notice shall be deemed to have been given if
682given in writing, deposited in a securely sealed postpaid
683wrapper, mailed at a regularly maintained United States post
684office box or station, and addressed, respectively, to the chair
685of the authority and to the secretary of the department at the
686principal office of the department.
687     (2)  Such trustee and any trustee under any deed of trust,
688indenture, or other agreement may and, upon written request of
689the holders of 25 percent or such other percentages as are
690specified in any deed of trust, indenture, or other agreement
691aforesaid in principal amount of the bonds then outstanding,
692shall, in any court of competent jurisdiction, in his, her, or
693its own name:
694     (a)  By mandamus or other suit, action, or proceeding at
695law or in equity, enforce all rights of the bondholders,
696including the right to require the authority to fix, establish,
697maintain, collect, and charge rates, fees, rentals, and other
698charges adequate to carry out any agreement as to or pledge of
699the revenues or receipts of the authority, to carry out any
700other covenants and agreements with or for the benefit of the
701bondholders, and to perform its and their duties under this
702part.
703     (b)  By mandamus or other suit, action, or proceeding at
704law or in equity, enforce all rights of the bondholders under or
705pursuant to any lease-purchase agreement between the authority
706and the department, including the right to require the
707department to make all rental payments required to be made by it
708under the provisions of any such lease-purchase agreement and to
709require the department to carry out any other covenants and
710agreements with or for the benefit of the bondholders and to
711perform its and their duties under this part.
712     (c)  Bring suit upon the bonds.
713     (d)  By action or suit in equity, require the authority or
714the department to account as if it were the trustee of an
715express trust for the bondholders.
716     (e)  By action or suit in equity, enjoin any acts or things
717that may be unlawful or in violation of the rights of the
718bondholders.
719     (3)  Any trustee, when appointed as aforesaid or acting
720under a deed of trust, indenture, or other agreement, and
721regardless of whether all bonds have been declared due and
722payable, may appoint a receiver who may enter upon and take
723possession of the system or the facilities or any part or parts
724thereof, the rates, fees, rentals, or other revenues, charges,
725or receipts from which are or may be applicable to the payment
726of the bonds so in default, and, subject to and in compliance
727with the provisions of any lease-purchase agreement between the
728authority and the department, operate and maintain the same for
729and on behalf of and in the name of the authority, the
730department, and the bondholders, and collect and receive all
731rates, fees, rentals, and other charges or receipts or revenues
732arising therefrom in the same manner as the authority or the
733department might do, and shall deposit all such moneys in a
734separate account and apply such moneys in such manner as the
735court shall direct. In any suit, action, or proceeding by the
736trustee, the fees, counsel fees, and expenses of the trustee and
737the receiver, if any, and all costs and disbursements allowed by
738the court shall be a first charge on any rates, fees, rentals,
739or other charges, revenues, or receipts derived from the system
740or the facilities or services or any part or parts thereof,
741including payments under any such lease-purchase agreement as
742aforesaid, which rates, fees, rentals, or other charges,
743revenues, or receipts may be applicable to the payment of the
744bonds so in default. Such trustee, in addition to the foregoing,
745possesses all of the powers necessary for the exercise of any
746functions specifically set forth herein or incident to the
747representation of the bondholders in the enforcement and
748protection of their rights.
749     (4)  This section or any other section of this part does
750not authorize any receiver appointed pursuant hereto for the
751purpose, subject to and in compliance with the provisions of any
752lease-purchase agreement between the authority and the
753department, of operating and maintaining the system or any
754facilities or part or parts thereof to sell, assign, mortgage,
755or otherwise dispose of any of the assets of whatever kind and
756character belonging to the authority. It is the intention of
757this part to limit the powers of such receiver, subject to and
758in compliance with the provisions of any lease-purchase
759agreement between the authority and the department, to the
760operation and maintenance of the system or any facility or part
761or parts thereof, as the court may direct, in the name of and
762for and on behalf of the authority, the department, and the
763bondholders. In any suit, action, or proceeding at law or in
764equity, a holder of bonds on the authority, a trustee, or any
765court may not compel or direct a receiver to sell, assign,
766mortgage, or otherwise dispose of any assets of whatever kind or
767character belonging to the authority. A receiver also may not be
768authorized to sell, assign, mortgage, or otherwise dispose of
769any assets of whatever kind or character belonging to the
770authority in any suit, action, or proceeding at law or in
771equity.
772     343.945  Pledges enforceable by bondholders.--It is the
773express intention of this part that any pledge to the authority
774by the department of rates, fees, revenues, or other funds as
775rentals, or any covenants or agreements relative thereto, is
776enforceable in any court of competent jurisdiction against the
777authority or directly against the department by any holder of
778bonds issued by the authority.
779     343.946  Lease-purchase agreement.--
780     (1)  In order to effectuate the purposes of this part and
781as authorized by this part, the authority may enter into a
782lease-purchase agreement with the department relating to and
783covering authority projects within the seven-county Bay Area
784region.
785     (2)  Such lease-purchase agreement shall provide for the
786leasing of the system by the authority, as lessor, to the
787department, as lessee, shall prescribe the term of such lease
788and the rentals to be paid thereunder, and shall provide that,
789upon the completion of the faithful performance thereunder and
790the termination of such lease-purchase agreement, title in fee
791simple absolute to the system as then constituted shall be
792transferred in accordance with law by the authority to the state
793and the authority shall deliver to the department such deeds and
794conveyances as shall be necessary or convenient to vest title in
795fee simple absolute in the state.
796     (3)  Such lease-purchase agreement may include such other
797provisions, agreements, and covenants as the authority and the
798department deem advisable or required, including, but not
799limited to, provisions as to the bonds to be issued for the
800purposes of this part, the completion, extension, improvement,
801operation, and maintenance of the system and the expenses and
802the cost of operation of the authority, the charging and
803collection of tolls, rates, fees, and other charges for the use
804of the services and facilities thereof, and the application of
805federal or state grants or aid which may be made or given to
806assist the authority in the completion, extension, improvement,
807operation, and maintenance of the system.
808     (4)  The department as lessee under such lease-purchase
809agreement may pay as rentals thereunder any rates, fees,
810charges, funds, moneys, receipts, or income accruing to the
811department from the operation of the system and may also pay as
812rentals any appropriations received by the department pursuant
813to any act of the Legislature heretofore or hereafter enacted;
814however, nothing in this section or in such lease-purchase
815agreement is intended to require, nor shall this part or such
816lease-purchase agreement require, the making or continuance of
817such appropriations, nor shall any holder of bonds issued
818pursuant to this part ever have any right to compel the making
819or continuance of such appropriations.
820     (5)  The department shall have power to covenant in any
821lease-purchase agreement that it will pay all or any part of the
822cost of the operation, maintenance, repair, renewal, and
823replacement of facilities, and any part of the cost of
824completing facilities to the extent that the proceeds of bonds
825issued are insufficient, from sources other than the revenues
826derived from the operation of the system.
827     343.947  Department may be appointed agent of authority for
828construction.--The department may be appointed by the authority
829as its agent for the purpose of constructing and completing
830transportation projects, and improvements and extensions
831thereto, in the authority's master plan. In such event, the
832authority shall provide the department with complete copies of
833all documents, agreements, resolutions, contracts, and
834instruments relating thereto; shall request the department to do
835such construction work, including the planning, surveying, and
836actual construction of the completion, extensions, and
837improvements to the system; and shall transfer to the credit of
838an account of the department in the treasury of the state the
839necessary funds therefor. The department shall proceed with such
840construction and use the funds for such purpose in the same
841manner that it is now authorized to use the funds otherwise
842provided by law for its use in construction of commuter rail
843systems, transit systems, ferry systems, roads, bridges, and
844related transportation facilities.
845     343.95  Acquisition of lands and property.--
846     (1)  For the purposes of this part, the authority may
847acquire private or public property and property rights,
848including rights of access, air, view, and light, by gift,
849devise, purchase, or condemnation by eminent domain proceedings,
850as the authority may deem necessary for any purpose of this
851part, including, but not limited to, any lands reasonably
852necessary for securing applicable permits, areas necessary for
853management of access, borrow pits, drainage ditches, water
854retention areas, rest areas, replacement access for landowners
855whose access is impaired due to the construction of a facility,
856and replacement rights-of-way for relocated rail and utility
857facilities; for existing, proposed, or anticipated
858transportation facilities within the seven-county Bay Area
859region identified by the authority; or for the purposes of
860screening, relocation, removal, or disposal of junkyards and
861scrap metal processing facilities. The authority may condemn any
862material and property necessary for such purposes.
863     (2)  The right of eminent domain herein conferred shall be
864exercised by the authority in the manner provided by law.
865     (3)  When the authority acquires property for a
866transportation facility within the seven-county Bay Area region,
867the authority is not subject to any liability imposed by chapter
868376 or chapter 403 for preexisting soil or groundwater
869contamination due solely to its ownership. This subsection does
870not affect the rights or liabilities of any past or future
871owners of the acquired property, nor does it affect the
872liability of any governmental entity for the results of its
873actions which create or exacerbate a pollution source. The
874authority and the Department of Environmental Protection may
875enter into interagency agreements for the performance, funding,
876and reimbursement of the investigative and remedial acts
877necessary for property acquired by the authority.
878     343.96  Cooperation with other units, boards, agencies, and
879individuals.--Express authority and power is hereby given and
880granted to any county, municipality, drainage district, road and
881bridge district, school district, or any other political
882subdivision, board, commission, or individual in or of the state
883to make and enter into contracts, leases, conveyances,
884partnerships, or other agreements with the authority within the
885provisions and purposes of this part. The authority may make and
886enter into contracts, leases, conveyances, partnerships, and
887other agreements with any political subdivision, agency, or
888instrumentality of the state and any and all federal agencies,
889corporations, and individuals for the purpose of carrying out
890the provisions of this part.
891     343.962  Public-private partnerships.--
892     (1)  The authority may receive or solicit proposals and
893enter into agreements with private entities or consortia thereof
894for the building, operation, ownership, or financing of
895multimodal transportation systems, transit-oriented development
896nodes, transit stations, or related facilities within the
897jurisdiction of the authority. Before approval, the authority
898must determine that a proposed project:
899     (a)  Is in the public's best interest.
900     (b)  Would not require state funds to be used unless the
901project is on or provides increased mobility on the State
902Highway System.
903     (c)  Would have adequate safeguards to ensure that
904additional costs or unreasonable service disruptions would not
905be realized by the traveling public and citizens of the state in
906the event of default or the cancellation of the agreement by the
907authority.
908     (2)  The authority shall ensure that all reasonable costs
909to the state related to transportation facilities that are not
910part of the State Highway System are borne by the private entity
911or any partnership created to develop the facilities. The
912authority shall also ensure that all reasonable costs to the
913state and substantially affected local governments and utilities
914related to the private transportation facility are borne by the
915private entity for transportation facilities that are owned by
916private entities. For projects on the State Highway System or
917that provide increased mobility on the State Highway System, the
918department may use state resources to participate in funding and
919financing the project as provided for under the department's
920enabling legislation.
921     (3)  The authority may request proposals for public-private
922multimodal transportation projects or, if it receives an
923unsolicited proposal, the authority must publish a notice in the
924Florida Administrative Weekly and a newspaper of general
925circulation in the county in which the proposed project is
926located at least once a week for 2 weeks stating that it has
927received the proposal and will accept, for 60 days after the
928initial date of publication, other proposals for the same
929project purpose. A copy of the notice must be mailed to each
930local government in the affected areas. After the public
931notification period has expired, the authority shall rank the
932proposals in order of preference. In ranking the proposals, the
933authority shall consider professional qualifications, general
934business terms, innovative engineering or cost-reduction terms,
935finance plans, and the need for state funds to deliver the
936proposal. If the authority is not satisfied with the results of
937the negotiations, it may, at its sole discretion, terminate
938negotiations with the proposer. If these negotiations are
939unsuccessful, the authority may go to the second and lower-
940ranked firms, in order, using the same procedure. If only one
941proposal is received, the authority may negotiate in good faith
942and, if it is not satisfied with the results, it may, at its
943sole discretion, terminate negotiations with the proposer.
944Notwithstanding this subsection, the authority may, at its
945discretion, reject all proposals at any point in the process up
946to completion of a contract with the proposer.
947     (4)  Agreements entered into pursuant to this section may
948authorize the public-private entity to impose tolls or fares for
949the use of the facility. However, the amount and use of toll or
950fare revenues shall be regulated by the authority to avoid
951unreasonable costs to users of the facility.
952     (5)  Each public-private transportation facility
953constructed pursuant to this section shall comply with all
954requirements of federal, state, and local laws; state, regional,
955and local comprehensive plans; the authority's rules, policies,
956procedures, and standards for transportation facilities; and any
957other conditions that the authority determines to be in the
958public's best interest.
959     (6)  The authority may exercise any of its powers,
960including eminent domain, to facilitate the development and
961construction of multimodal transportation projects pursuant to
962this section. The authority may pay all or part of the cost of
963operating and maintaining the facility or may provide services
964to the private entity, for which services it shall receive full
965or partial reimbursement.
966     (7)  Except as provided in this section, this section is
967not intended to amend existing law by granting additional powers
968to or imposing further restrictions on the governmental entities
969with regard to regulating and entering into cooperative
970arrangements with the private sector for the planning,
971construction, and operation of transportation facilities.
972     (8)  The authority may adopt rules pursuant to ss.
973120.536(1) and 120.54 to implement this section and shall, by
974rule, establish an application fee for the submission of
975unsolicited proposals under this section. The fee must be
976sufficient to pay the costs of evaluating the proposals.
977     343.97  Exemption from taxation.--The effectuation of the
978authorized purposes of the authority created under this part is
979for the benefit of the people of this state, for the increase of
980their commerce and prosperity, and for the improvement of their
981health and living conditions and, because the authority performs
982essential governmental functions in effectuating such purposes,
983the authority is not required to pay any taxes or assessments of
984any kind or nature whatsoever upon any property acquired or used
985by it for such purposes, or upon any rates, fees, rentals,
986receipts, income, or charges at any time received by it. The
987bonds issued by the authority, their transfer, and the income
988therefrom, including any profits made on the sale thereof, shall
989at all times be free from taxation of any kind by the state or
990by any political subdivision, taxing agency, or instrumentality
991thereof. The exemption granted by this section does not apply to
992any tax imposed by chapter 220 on interest, income, or profits
993on debt obligations owned by corporations.
994     343.973  Eligibility for investments and security.--Any
995bonds or other obligations issued pursuant to this part shall be
996and constitute legal investments for banks, savings banks,
997trustees, executors, administrators, and all other fiduciaries
998and for all state, municipal, and other public funds and shall
999also be and constitute securities eligible for deposit as
1000security for all state, municipal, or other public funds,
1001notwithstanding the provisions of any other law to the contrary.
1002     343.975  Complete and additional statutory authority.--
1003     (1)  The powers conferred by this part are supplemental to
1004the existing powers of the board and the department. This part
1005does not repeal any of the provisions of any other law, general,
1006special, or local, but supplements such other laws in the
1007exercise of the powers provided in this part and provides a
1008complete method for the exercise of the powers granted in this
1009part. The projects planned and constructed by the Bay Area
1010Regional Transportation Authority shall comply with all
1011applicable federal, state, and local laws. The authority shall
1012coordinate project planning, development, and implementation
1013with the applicable adopted comprehensive plans of local
1014governments within whose jurisdictions the projects or
1015improvements will be located, in order to define and resolve
1016potential inconsistencies between plans. The extension and
1017improvement of the system, and the issuance of bonds hereunder
1018to finance all or part of the cost thereof, may be accomplished
1019upon compliance with the provisions of this part without regard
1020to or necessity for compliance with the provisions, limitations,
1021or restrictions contained in any other general, special, or
1022local law, including, but not limited to, s. 215.821. An
1023approval of any bonds issued under this part by the qualified
1024electors or qualified electors who are freeholders in the state
1025or in any other political subdivision of the state is not
1026required for the issuance of such bonds pursuant to this part.
1027     (2)  This part does not repeal, rescind, or modify any
1028other law relating to the State Board of Administration, the
1029Department of Transportation, the Tampa-Hillsborough County
1030Expressway Authority, or the Division of Bond Finance within the
1031State Board of Administration; however, this part supersedes
1032such other laws as are inconsistent with its provisions,
1033including, but not limited to, s. 215.821.
1034     (3)  This part does not preclude the department from
1035acquiring, holding, constructing, improving, maintaining,
1036operating, or owning tolled or nontolled facilities funded and
1037constructed from nonauthority sources that are part of the State
1038Highway System within the geographical boundaries of the Bay
1039Area Regional Transportation Authority.
1040     Section 2.  This act shall take effect July 1, 2007.


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