1 | A bill to be entitled |
2 | An act relating to regional transportation facilities; |
3 | creating part V of chapter 343, F.S.; creating s. 343.90, |
4 | F.S.; providing a short title; creating s. 343.91, F.S.; |
5 | providing definitions; creating s. 343.92, F.S.; creating |
6 | the Tampa Bay Area Regional Transportation Authority, |
7 | comprising Citrus, Hernando, Hillsborough, Manatee, Pasco, |
8 | Pinellas, and Sarasota Counties; providing for |
9 | organization and membership; providing for reimbursement |
10 | of travel expenses and per diem; requiring members to |
11 | comply with specified financial disclosure provisions; |
12 | providing for employees and advisory committees; creating |
13 | s. 343.922, F.S.; specifying purposes of the authority; |
14 | providing for rights, powers, and duties of the authority; |
15 | authorizing the authority to construct, operate, and |
16 | maintain certain multimodal transportation systems; |
17 | authorizing the authority to collect fares and tolls on |
18 | its transportation facilities; requiring the authority to |
19 | develop and adopt a regional multimodal transportation |
20 | master plan by a date certain; providing for content, |
21 | updates, and use of the plan; authorizing the authority to |
22 | request funding and technical assistance; authorizing the |
23 | authority to borrow money, enter into partnerships and |
24 | other agreements, enter into and make lease-purchase |
25 | agreements, and make contracts for certain purposes; |
26 | specifying that the authority does not have power to |
27 | pledge the credit or taxing power of the state; creating |
28 | s. 343.94, F.S.; providing legislative approval of bond |
29 | financing by the authority for its projects; providing for |
30 | issuance of the bonds by the authority or the Division of |
31 | Bond Finance; providing for contract with bondholders; |
32 | authorizing the authority to employ fiscal agents; |
33 | authorizing the State Board of Administration to act as |
34 | fiscal agent; creating s. 343.941, F.S.; providing that |
35 | the authority's bonds are not debts or pledges of faith |
36 | and credit of the state; creating s. 343.943, F.S.; |
37 | providing a state covenant with bondholders; creating s. |
38 | 343.944, F.S.; providing certain rights and remedies for |
39 | bondholders; creating s. 343.945, F.S.; providing for |
40 | enforcement by bondholders of pledges to the authority |
41 | from the department; creating s. 343.946, F.S.; providing |
42 | for lease-purchase agreements between the authority and |
43 | the department; creating s. 343.947, F.S.; providing for |
44 | the department to act as an agent for the authority for |
45 | the purposes of constructing and completing the |
46 | authority's projects; creating s. 343.95, F.S.; providing |
47 | for the authority to purchase property and property |
48 | rights; creating s. 343.96, F.S.; providing for the |
49 | authority to enter into cooperative agreements with other |
50 | entities and persons; creating s. 343.962, F.S.; providing |
51 | for the authority to enter into certain public-private |
52 | agreements under certain conditions; providing procedures |
53 | for proposals for public-private multimodal transportation |
54 | projects; authorizing the public-private entity to impose |
55 | certain tolls or fares for use of the systems; providing |
56 | criteria for the constructed systems; authorizing the |
57 | authority to use certain powers to facilitate project |
58 | development, construction, and operation; providing intent |
59 | relating to governmental entities; authorizing the |
60 | authority to adopt certain rules and establish an |
61 | application fee; creating s. 343.97, F.S.; exempting the |
62 | authority from certain taxation; creating s. 343.973, |
63 | F.S.; specifying that bonds or other obligations issued by |
64 | the authority are legal investments constituting |
65 | securities for certain purposes; creating s. 343.975, |
66 | F.S.; providing for application and effect of specified |
67 | provisions; providing an effective date. |
68 |
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69 | Be It Enacted by the Legislature of the State of Florida: |
70 |
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71 | Section 1. Part V of chapter 343, Florida Statutes, |
72 | consisting of sections 343.90, 343.91, 343.92, 343.922, 343.94, |
73 | 343.941, 343.943, 343.944, 343.945, 343.946, 343.947, 343.95, |
74 | 343.96, 343.962, 343.97, 343.973, and 343.975, is created to |
75 | read: |
76 | 343.90 Short title.--This part may be cited as the "Tampa |
77 | Bay Area Regional Transportation Authority Act." |
78 | 343.91 Definitions.-- |
79 | (1) The following terms, whenever used or referred to in |
80 | this part, shall have the following meanings, except in those |
81 | instances where the context clearly indicates otherwise: |
82 | (a) "Authority" means the Tampa Bay Area Regional |
83 | Transportation Authority, the body politic and corporate and |
84 | agency of the state created by this part, covering the seven- |
85 | county area comprised of Citrus, Hernando, Hillsborough, |
86 | Manatee, Pasco, Pinellas, and Sarasota Counties. |
87 | (b) "Board" means the governing body of the authority. |
88 | (c) "Bonds" means the notes, bonds, refunding bonds, or |
89 | other evidences of indebtedness or obligations, in either |
90 | temporary or definitive form, which the authority is authorized |
91 | to issue under this part. |
92 | (d)1. "Bus rapid transit" means a type of limited-stop bus |
93 | service that relies on technology to help expedite service |
94 | through priority for transit, rapid and convenient fare |
95 | collection, and integration with land use to substantially |
96 | upgrade performance of buses operating on exclusive, high- |
97 | occupancy-vehicle lanes, expressways, or ordinary streets. |
98 | 2. "Express bus" means a type of bus service designed to |
99 | expedite longer trips, especially in major metropolitan areas |
100 | during heavily patronized peak commuting hours, by operating |
101 | over long distances without stopping on freeways or partially |
102 | controlled access roadway facilities. |
103 | (e)1. "Commuter rail" means a complete system of tracks, |
104 | guideways, stations, and rolling stock necessary to effectuate |
105 | medium-distance to long-distance passenger rail service to, |
106 | from, or within the municipalities within the authority's |
107 | designated seven-county region. |
108 | 2. "Heavy rail transit" means a complete rail system |
109 | operating on an electric railway with the capacity for a heavy |
110 | volume of traffic, characterized by high-speed and rapid- |
111 | acceleration passenger rail cars operating singly or in multicar |
112 | trains on fixed rails in separate rights-of-way from which all |
113 | other vehicular and pedestrian traffic are excluded. "Heavy rail |
114 | transit" includes metro, subway, elevated, rapid transit, and |
115 | rapid rail systems. |
116 | 3. "Light rail transit" means a complete system of tracks, |
117 | overhead catenaries, stations, and platforms with lightweight |
118 | passenger rail cars operating singly or in short, multicar |
119 | trains on fixed rails in rights-of-way that are not separated |
120 | from other traffic for much of the way. |
121 | (f) "Consultation" means that one party confers with |
122 | another identified party in accordance with an established |
123 | process and, prior to taking action, considers that party's |
124 | views and periodically informs that party about actions taken. |
125 | (g) "Department" means the Department of Transportation. |
126 | (h) "Lease-purchase agreement" means a lease-purchase |
127 | agreement that the authority is authorized under this part to |
128 | enter into with the department. |
129 | (i) "Limited access expressway" or "expressway" means a |
130 | street or highway especially designed for through traffic and |
131 | over, from, or to which a person does not have the right of |
132 | easement, use, or access except in accordance with the rules |
133 | adopted and established by the authority for the use of such |
134 | facility. |
135 | (j) "Members" means the individuals constituting the |
136 | governing body of the authority. |
137 | (k) "Multimodal transportation system" means a well- |
138 | connected network of transportation modes reflecting a high |
139 | level of accessibility between modes and proximity to supportive |
140 | land use patterns. |
141 | (l) "Park-and-ride lot" means a transit station stop or a |
142 | carpool or vanpool waiting area to which patrons may drive |
143 | private vehicles for parking before gaining access to transit, |
144 | commuter rail, or heavy rail systems or taking carpool or |
145 | vanpool vehicles to their destinations. |
146 | (m) "State Board of Administration" means the body |
147 | corporate existing under the provisions of s. 9, Art. XII of the |
148 | State Constitution, or any successor thereto. |
149 | (n) "Transit-oriented development" means a mixed-use |
150 | residential or commercial area designed to maximize access to |
151 | public transportation and often incorporates features to |
152 | encourage transit ridership. A transit-oriented development |
153 | neighborhood typically has a center with a train station, tram |
154 | stop, or bus station surrounded by relatively high-density |
155 | development with progressively lower density development |
156 | spreading outward from the center, typically within 1/2 mile of |
157 | the stop or station. |
158 | (o) "Transit station" means a public transportation |
159 | passenger facility that is accessible either at street level or |
160 | on above-grade platforms and often surrounded by pedestrian- |
161 | friendly, higher density development or park-and-ride lots. |
162 | (2) Terms importing singular number include the plural |
163 | number in each case and vice versa, and terms importing persons |
164 | include firms and corporations. |
165 | 343.92 Tampa Bay Area Regional Transportation Authority.-- |
166 | (1) There is created and established a body politic and |
167 | corporate, an agency of the state, to be known as the Tampa Bay |
168 | Area Regional Transportation Authority, hereinafter referred to |
169 | as the authority. |
170 | (2) The governing board of the authority shall consist of |
171 | 16 members. |
172 | (a) There shall be one nonvoting, ex officio member of the |
173 | board who shall be appointed by the secretary of the department, |
174 | but who must be the district secretary for one of the department |
175 | districts within the seven-county area of the authority, at the |
176 | discretion of the secretary of the department. |
177 | (b) There shall be 15 voting members of the board as |
178 | follows: |
179 | 1. The county commissions of Citrus, Hernando, |
180 | Hillsborough, Manatee, Pasco, Pinellas, and Sarasota Counties |
181 | shall each appoint one elected official to the board. Members |
182 | appointed under this subparagraph shall serve 2-year terms with |
183 | not more than three consecutive terms being served by any |
184 | person. If a member under this subparagraph leaves elected |
185 | office, a vacancy exists on the board to be filled as provided |
186 | in this subparagraph. |
187 | 2. The West Central Florida M.P.O. Chairs Coordinating |
188 | Committee shall appoint one member to the board who must be a |
189 | chair of one of the six metropolitan planning organizations in |
190 | the region. The member appointed under this subparagraph shall |
191 | serve a 2-year term with not more than three consecutive terms |
192 | being served by any person. |
193 | 3.a. Two members of the board shall be the mayor, or the |
194 | mayor's designee, of the largest municipality within the service |
195 | area of each of the following independent transit agencies or |
196 | their legislatively created successor agencies: Pinellas |
197 | Suncoast Transit Authority and Hillsborough Area Regional |
198 | Transit Authority. The largest municipality is that municipality |
199 | with the largest population as determined by the most recent |
200 | United States Decennial Census. |
201 | b. If a mayor chooses not to serve, his or her designee |
202 | must be an elected official selected by the mayor from that |
203 | largest municipality's city council or city commission. A mayor |
204 | or his or her designee shall serve a 2-year term with not more |
205 | than three consecutive terms being served by any person. |
206 | c. A designee's term ends if the mayor leaves office for |
207 | any reason. If a designee leaves elected office on the city |
208 | council or commission, a vacancy exists on the board to be |
209 | filled by the mayor of that municipality as provided in sub- |
210 | subparagraph a. |
211 | d. A mayor who has served three consecutive terms on the |
212 | board must designate an elected official from that largest |
213 | municipality's city council or city commission to serve on the |
214 | board for at least one term. |
215 | 4.a. One membership on the board shall rotate every 2 |
216 | years between the mayor, or his or her designee, of the largest |
217 | municipality within Manatee County and the mayor, or his or her |
218 | designee, of the largest municipality within Sarasota County. |
219 | The mayor, or his or her designee, from the largest municipality |
220 | within Manatee County shall serve the first 2-year term. The |
221 | largest municipality is that municipality with the largest |
222 | population as determined by the most recent United States |
223 | Decennial Census. |
224 | b. If a mayor chooses not to serve, his or her designee |
225 | must be an elected official selected by the mayor from that |
226 | municipality's city council or city commission. |
227 | 5. The Governor shall appoint to the board four business |
228 | representatives who each reside in any of the seven counties |
229 | governed by the authority and who are not elected officials, at |
230 | least one but not more than two of whom shall represent counties |
231 | within the federally designated Tampa Bay Transportation |
232 | Management Area. Members appointed by the Governor shall serve |
233 | 3-year terms with not more than two consecutive terms being |
234 | served by any person. |
235 | (c) Appointments may be staggered to avoid mass turnover |
236 | at the end of any 2-year or 4-year period. A vacancy during a |
237 | term shall be filled by the respective appointing authority |
238 | within 90 days in the same manner as the original appointment |
239 | and only for the remainder of the unexpired term. |
240 | (3) The members of the board shall serve without |
241 | compensation but shall be entitled to receive from the authority |
242 | reimbursement for travel expenses and per diem actually incurred |
243 | in connection with the business of the authority as provided in |
244 | s. 112.061. |
245 | (4) Members of the board shall comply with the applicable |
246 | financial disclosure requirements of ss. 112.3145, 112.3148, and |
247 | 112.3149. |
248 | (5) The Governor shall appoint the initial chair from |
249 | among the full membership of the board immediately upon their |
250 | being appointed by the member governments or organizations named |
251 | in subsection (2). In no case shall those appointments be made |
252 | any later than 45 days following the effective date of this act. |
253 | The initial chair shall hold this position for a minimum term of |
254 | 2 years. During its inaugural meeting, the board shall elect |
255 | from among its members a vice chair and secretary-treasurer who |
256 | shall serve a minimum term of 1 year each. During its inaugural |
257 | meeting, the board shall also establish the duties and powers of |
258 | the vice chair and secretary-treasurer and establish its rules |
259 | of conduct and meeting procedures. |
260 | (6) At the end of the initial chair's term, the board |
261 | shall elect a chair from among its members. The chair shall hold |
262 | office at the will of the board. In that election, the board |
263 | shall also elect from among its members a vice chair and |
264 | secretary-treasurer. |
265 | (7) The first meeting of the authority shall be held no |
266 | later than 60 days after the effective date of this act, by |
267 | which time all of the counties and the West Central Florida |
268 | M.P.O. Chairs Coordinating Committee must have appointed their |
269 | appropriate representatives. |
270 | (8) Eight members of the board shall constitute a quorum, |
271 | and the vote of eight members shall be necessary for any action |
272 | to be taken by the authority. The authority may meet upon the |
273 | constitution of a quorum. No vacancy shall impair the right of a |
274 | quorum of the board to exercise all rights and perform all |
275 | duties of the authority. |
276 | (9) The board may establish committees for the following |
277 | areas: |
278 | (a) Planning. |
279 | (b) Policy. |
280 | (c) Finance. |
281 | (10) The authority may employ an executive director, an |
282 | executive secretary, its own legal counsel and legal staff, |
283 | technical experts, engineers, and such employees, permanent or |
284 | temporary, as it may require. The authority shall determine the |
285 | qualifications and fix the compensation of such persons, firms, |
286 | or corporations and may employ a fiscal agent or agents; |
287 | however, the authority shall solicit sealed proposals from at |
288 | least three persons, firms, or corporations for the performance |
289 | of any services as fiscal agents. The authority may delegate its |
290 | power, except for duties specified in chapter 120, to one or |
291 | more of its agents or employees to carry out the purposes of |
292 | this part, subject always to the supervision and control of the |
293 | authority. |
294 | (11)(a) The authority shall establish a Transit Management |
295 | Committee comprised of the executive directors or general |
296 | managers, or their designees, of each of the existing transit |
297 | providers and Bay Area commuter services. |
298 | (b) The authority shall establish a Citizens Advisory |
299 | Committee comprised of appointed citizen committee members from |
300 | each county and transit provider in the region, not to exceed 16 |
301 | members. |
302 | (c) The authority may establish technical advisory |
303 | committees to provide guidance and advice on regional |
304 | transportation issues. The authority shall establish the size, |
305 | composition, and focus of any technical advisory committee |
306 | created. |
307 | (d) Persons appointed to a committee shall serve without |
308 | compensation but may be entitled to per diem or travel expenses |
309 | as provided in s. 112.061. |
310 | 343.922 Powers and duties.-- |
311 | (1) The express purposes of the authority are to improve |
312 | mobility and expand multimodal transportation options for |
313 | passengers and freight throughout the seven-county Bay Area |
314 | region. |
315 | (2)(a) The authority has the right to plan, develop, |
316 | finance, construct, own, purchase, operate, maintain, relocate, |
317 | equip, repair, and manage those public transportation projects, |
318 | such as express bus services; bus rapid transit services; light |
319 | rail, commuter rail, heavy rail, or other transit services; |
320 | ferry services; transit stations; park-and-ride lots; transit- |
321 | oriented development nodes; or feeder roads, reliever roads, |
322 | connector roads, bypasses, or appurtenant facilities, that are |
323 | intended to address critical transportation needs or concerns in |
324 | the Bay Area region as identified by the authority by July 1, |
325 | 2009. These projects may also include all necessary approaches, |
326 | roads, bridges, and avenues of access that are desirable and |
327 | proper with the concurrence of the department, as applicable, if |
328 | the project is to be part of the State Highway System. |
329 | (b) Any transportation facilities constructed by the |
330 | authority may be tolled. The authority shall not toll existing |
331 | transportation facilities. Fare payment methods for public |
332 | transportation projects shall promote seamless integration |
333 | between regional and local transit systems. Tolling technologies |
334 | shall be consistent with the systems used by the Florida |
335 | Turnpike Enterprise for the purpose of allowing the use of a |
336 | single transponder or a similar electronic tolling device for |
337 | all facilities of the authority and the Florida Turnpike |
338 | Enterprise. |
339 | (c) The authority shall coordinate and consult with local |
340 | governments on transit or commuter rail station area plans that |
341 | provide for compact, mixed-use, transit-oriented development |
342 | that will support transit investments and provide a variety of |
343 | workforce housing choices, recognizing the need for housing |
344 | alternatives for a variety of income ranges. |
345 | (3)(a) No later than July 1, 2009, the authority shall |
346 | develop and adopt a regional transportation master plan that |
347 | provides a vision for a regionally integrated multimodal |
348 | transportation system. The goals and objectives of the master |
349 | plan are to identify areas of the Bay Area region where |
350 | multimodal mobility, traffic safety, freight mobility, and |
351 | efficient emergency evacuation alternatives need to be improved; |
352 | identify areas of the region where multimodal transportation |
353 | systems would be most beneficial to enhance mobility and |
354 | economic development; develop methods of building partnerships |
355 | with local governments, existing transit providers, expressway |
356 | authorities, seaports, airports, and other local, state, and |
357 | federal entities; and develop methods of building partnerships |
358 | with CSX Corporation and CSX Transportation, Inc., to craft |
359 | mutually beneficial solutions to achieve the authority's |
360 | objectives, and with other private-sector business community |
361 | entities that may further the authority's mission, and engage |
362 | the public in support of regional multimodal transportation |
363 | improvements. The master plan shall identify and may prioritize |
364 | projects that will accomplish these goals and objectives, |
365 | including, without limitation, the creation of express bus and |
366 | bus rapid transit services, light rail, commuter rail, and heavy |
367 | rail transit services, ferry services, freight services, and any |
368 | other multimodal transportation system projects that address |
369 | critical transportation needs or concerns, pursuant to |
370 | subsection (2), and shall identify the costs of the proposed |
371 | projects and revenue sources that could be used to pay those |
372 | costs. In developing the master plan, the authority shall review |
373 | and coordinate with the future land use, capital improvements, |
374 | and traffic circulation elements of its member local |
375 | governments' comprehensive plans and the plans, programs, and |
376 | schedules of other units of government with transit or |
377 | transportation authority within whose jurisdictions the projects |
378 | or improvements will be located to define and resolve potential |
379 | inconsistencies between such plans and the authority's |
380 | developing master plan. By July 1, 2008, the authority, working |
381 | with its member local governments, shall adopt a mandatory |
382 | conflict resolution process that addresses consistency conflicts |
383 | between the authority's regional transportation master plan and |
384 | local government comprehensive plans. |
385 | (b) The authority shall consult with the department to |
386 | further the goals and objectives of the Strategic Regional |
387 | Transit Needs Assessment completed by the department. |
388 | (c) Prior to the final adoption of the regional |
389 | transportation master plan, the authority shall hold at least |
390 | one public meeting in each of the seven counties within the |
391 | authority's region. At least one public hearing must take place |
392 | before the authority's board. |
393 | (d) After its adoption, the master plan shall be updated |
394 | every 2 years before July 1. |
395 | (e) The authority shall present the original master plan |
396 | and updates to the governing bodies of the counties within the |
397 | seven-county region, to the West Central Florida M.P.O. Chairs |
398 | Coordinating Committee, and to the legislative delegation |
399 | members representing those counties within 90 days after |
400 | adoption. |
401 | (f) The authority shall coordinate plans and projects with |
402 | the West Central Florida M.P.O. Chairs Coordinating Committee, |
403 | to the extent practicable, and participate in the regional |
404 | M.P.O. planning process to ensure regional comprehension of the |
405 | authority's mission, goals, and objectives. |
406 | (4) The authority may undertake projects or other |
407 | improvements in the master plan in phases as particular projects |
408 | or segments become feasible, as determined by the authority. The |
409 | authority shall coordinate project planning, development, and |
410 | implementation with the applicable local governments. The |
411 | authority's projects that are transportation oriented shall be |
412 | consistent with the adopted local government comprehensive plans |
413 | at the time they are funded for construction. Authority projects |
414 | that are not transportation oriented and meet the definition of |
415 | development pursuant to s. 380.04 shall be consistent with the |
416 | local comprehensive plans. In carrying out its purposes and |
417 | powers, the authority may request funding and technical |
418 | assistance from the department and appropriate federal and local |
419 | agencies, including, but not limited to, state infrastructure |
420 | bank loans, advances from the Toll Facilities Revolving Trust |
421 | Fund, and funding and technical assistance from any other |
422 | source. |
423 | (5) The authority is granted and may exercise all powers |
424 | necessary, appurtenant, convenient, or incidental to the |
425 | carrying out of the aforesaid purposes, including, but not |
426 | limited to, the following rights and powers: |
427 | (a) To sue and be sued, implead and be impleaded, and |
428 | complain and defend in all courts in its own name. |
429 | (b) To adopt and use a corporate seal. |
430 | (c) To have the power of eminent domain, including the |
431 | procedural powers granted under chapters 73 and 74. |
432 | (d) To acquire by donation or otherwise, purchase, hold, |
433 | construct, maintain, improve, operate, own, lease as a lessee, |
434 | and use any franchise or property, real, personal, or mixed, |
435 | tangible or intangible, or any option thereof in its own name or |
436 | in conjunction with others, or any interest therein, necessary |
437 | or desirable for carrying out the purposes of the authority. |
438 | (e) To sell, convey, exchange, lease as a lessor, |
439 | transfer, or otherwise dispose of any real or personal property, |
440 | or interest therein, acquired by the authority, including air |
441 | rights. |
442 | (f) To fix, alter, establish, and collect rates, fares, |
443 | fees, rentals, tolls, and other charges for the services and use |
444 | of any light rail, commuter rail, heavy rail, bus rapid transit, |
445 | or express bus services, ferry services, highways, feeder roads, |
446 | bridges, or other transportation facilities owned or operated by |
447 | the authority. These rates, fares, fees, rentals, tolls, and |
448 | other charges must always be sufficient to comply with any |
449 | covenants made with the holders of any bonds issued pursuant to |
450 | this part; however, such right and power may be assigned or |
451 | delegated by the authority to the department. |
452 | (g) To borrow money and to make and issue negotiable |
453 | notes, bonds, refunding bonds, and other evidences of |
454 | indebtedness or obligations, either in temporary or definitive |
455 | form, hereinafter in this chapter sometimes called "revenue |
456 | bonds" of the authority, for the purpose of financing all or |
457 | part of the mobility improvements within the Bay Area region, as |
458 | well as the appurtenant facilities, including all approaches, |
459 | streets, roads, bridges, and avenues of access authorized by |
460 | this part, the bonds to mature not exceeding 40 years after the |
461 | date of the issuance thereof, and to secure the payment of such |
462 | bonds or any part thereof by a pledge of any or all of its |
463 | revenues, rates, fees, rentals, or other charges. |
464 | (h) To adopt bylaws for the regulation of the affairs and |
465 | the conduct of the business of the authority. The bylaws shall |
466 | provide for quorum and voting requirements, maintenance of |
467 | minutes and other official records, and preparation and adoption |
468 | of an annual budget. |
469 | (i) To lease, rent, or contract for the operation or |
470 | management of any part of a transportation system facility built |
471 | by the authority. In awarding any contract, the authority shall |
472 | consider, but is not limited to, the following: |
473 | 1. The qualifications of each applicant. |
474 | 2. The level or quality of service. |
475 | 3. The efficiency, cost, and anticipated revenue. |
476 | 4. The construction, operation, and management plan. |
477 | 5. The financial ability to provide reliable service. |
478 | 6. The impact on other transportation modes, including the |
479 | ability to interface with other transportation modes and |
480 | facilities. |
481 | (j) To enforce collection of rates, fees, tolls, and |
482 | charges and to establish and enforce fines and penalties for |
483 | violations of any rules. |
484 | (k) To advertise, market, and promote regional transit |
485 | services and facilities, freight mobility plans and projects, |
486 | and the general activities of the authority. |
487 | (l) To cooperate with other governmental entities and to |
488 | contract with other governmental agencies, including the Federal |
489 | Government, the department, counties, transit authorities or |
490 | agencies, municipalities, and expressway and bridge authorities. |
491 | (m) To enter into joint development agreements, |
492 | partnerships, and other agreements with public and private |
493 | entities respecting ownership and revenue participation in order |
494 | to facilitate financing and constructing any project or portions |
495 | thereof. |
496 | (n) To accept grants and other funds from other |
497 | governmental sources and to accept private donations. However, |
498 | the authority shall not be directly eligible for Transportation |
499 | Regional Incentive Program funds allocated pursuant to s. |
500 | 339.2819, except through interlocal agreement with an eligible |
501 | recipient. |
502 | (o) To purchase directly from local, national, or |
503 | international insurance companies liability insurance that the |
504 | authority is contractually and legally obligated to provide, |
505 | notwithstanding the requirements of s. 287.022(1). |
506 | (p) To enter into and make lease-purchase agreements with |
507 | the department for terms not exceeding 40 years or until any |
508 | bonds secured by a pledge of rentals thereunder, and any |
509 | refundings thereof, are fully paid as to both principal and |
510 | interest, whichever is longer. |
511 | (q) To make contracts of every name and nature, including, |
512 | but not limited to, partnerships providing for participation in |
513 | ownership and revenues, and to execute all instruments necessary |
514 | or convenient for the carrying on of its business. |
515 | (r) To do all acts and things necessary or convenient for |
516 | the conduct of its business and the general welfare of the |
517 | authority in order to carry out the powers granted to it by this |
518 | part or any other law. |
519 | (6) The authority shall institute procedures to ensure |
520 | that jobs created as a result of state funding pursuant to this |
521 | section shall be subject to equal opportunity hiring practices |
522 | as provided for in s. 110.112. |
523 | (7) The authority shall comply with all statutory |
524 | requirements of general application which relate to the filing |
525 | of any report or documentation required by law, including the |
526 | requirements of ss. 189.4085, 189.415, 189.417, and 189.418. |
527 | (8) The authority does not have power at any time or in |
528 | any manner to pledge the credit or taxing power of the state or |
529 | any political subdivision or agency thereof, nor shall any of |
530 | the authority's obligations be deemed to be obligations of the |
531 | state or of any political subdivision or agency thereof, nor |
532 | shall the state or any political subdivision or agency thereof, |
533 | except the authority, be liable for the payment of the principal |
534 | of or interest on such obligations. |
535 | 343.94 Bond financing authority.-- |
536 | (1) Pursuant to s. 11(f), Art. VII of the State |
537 | Constitution, the Legislature approves bond financing by the |
538 | Tampa Bay Area Regional Transportation Authority for |
539 | construction of or improvements to commuter rail systems, |
540 | transit systems, ferry systems, highways, bridges, toll |
541 | collection facilities, interchanges to the system, and any other |
542 | transportation facility appurtenant, necessary, or incidental to |
543 | the system. Subject to terms and conditions of applicable |
544 | revenue bond resolutions and covenants, such costs may be |
545 | financed in whole or in part by revenue bonds issued pursuant to |
546 | paragraph (2)(a) or paragraph (2)(b), whether currently issued |
547 | or issued in the future or by a combination of such bonds. |
548 | (2)(a) Bonds may be issued on behalf of the authority |
549 | pursuant to the State Bond Act. |
550 | (b) Alternatively, the authority may issue its own bonds |
551 | pursuant to this part at such times and in such principal amount |
552 | as, in the opinion of the authority, is necessary to provide |
553 | sufficient moneys for achieving its purposes; however, such |
554 | bonds may not pledge the full faith and credit of the state. |
555 | Bonds issued by the authority pursuant to this paragraph or |
556 | paragraph (a), whether on original issuance or on refunding, |
557 | shall be authorized by resolution of the members thereof, may be |
558 | either term or serial bonds, and shall bear such date or dates, |
559 | mature at such time or times, not exceeding 40 years after their |
560 | respective dates, bear interest at such rate or rates, be |
561 | payable semiannually, be in such denominations, be in such form, |
562 | either coupon or fully registered, carry such registration, |
563 | exchangeability, and interchangeability privileges, be payable |
564 | in such medium of payment and at such place or places, be |
565 | subject to such terms of redemption, and be entitled to such |
566 | priorities on the revenues, rates, fees, rentals, or other |
567 | charges or receipts of the authority, including revenues from |
568 | lease-purchase agreements, as such resolution or any resolution |
569 | subsequent thereto may provide. The bonds shall be executed |
570 | either by manual or facsimile signature by such officers as the |
571 | authority shall determine; however, such bonds shall bear at |
572 | least one signature that is manually executed thereon, and the |
573 | coupons attached to such bonds shall bear the facsimile |
574 | signature or signatures of such officer or officers as shall be |
575 | designated by the authority and have the seal of the authority |
576 | affixed, imprinted, reproduced, or lithographed thereon, all as |
577 | may be prescribed in such resolution or resolutions. |
578 | (c) Bonds issued pursuant to paragraph (a) or paragraph |
579 | (b) shall be sold at public sale in the manner provided by the |
580 | State Bond Act. However, if the authority, by official action at |
581 | a public meeting, determines that a negotiated sale of such |
582 | bonds is in the best interest of the authority, the authority |
583 | may negotiate the sale of such bonds with the underwriter |
584 | designated by the authority and the Division of Bond Finance |
585 | within the State Board of Administration with respect to bonds |
586 | issued pursuant to paragraph (a) or solely by the authority with |
587 | respect to bonds issued pursuant to paragraph (b). The |
588 | authority's determination to negotiate the sale of such bonds |
589 | may be based, in part, upon the written advice of the |
590 | authority's financial adviser. Pending the preparation of |
591 | definitive bonds, interim certificates may be issued to the |
592 | purchaser or purchasers of such bonds and may contain such terms |
593 | and conditions as the authority may determine. |
594 | (d) The authority may issue bonds pursuant to paragraph |
595 | (b) to refund any bonds previously issued regardless of whether |
596 | the bonds being refunded were issued by the authority pursuant |
597 | to this chapter or on behalf of the authority pursuant to the |
598 | State Bond Act. |
599 | (3) Any such resolution or resolutions authorizing any |
600 | bonds hereunder may contain provisions that are part of the |
601 | contract with the holders of such bonds, as to: |
602 | (a) The pledging of all or any part of the revenues, |
603 | fares, rates, fees, rentals, or other charges or receipts of the |
604 | authority, derived by the authority. |
605 | (b) The completion, improvement, operation, extension, |
606 | maintenance, repair, or lease of, or lease-purchase agreement |
607 | relating to, the system and the duties of the authority and |
608 | others, including the department, with reference thereto. |
609 | (c) Limitations on the purposes to which the proceeds of |
610 | the bonds, then or thereafter to be issued, or of any loan or |
611 | grant by the United States or the state may be applied. |
612 | (d) The fixing, charging, establishing, and collecting of |
613 | rates, fees, rentals, or other charges for use of the services |
614 | and facilities constructed by the authority. |
615 | (e) The setting aside of reserves or sinking funds or |
616 | repair and replacement funds and the regulation and disposition |
617 | thereof. |
618 | (f) Limitations on the issuance of additional bonds. |
619 | (g) The terms and provisions of any lease-purchase |
620 | agreement, deed of trust, or indenture securing the bonds or |
621 | under which the same may be issued. |
622 | (h) Any other or additional agreements with the holders of |
623 | the bonds which the authority may deem desirable and proper. |
624 | (4) The authority may employ fiscal agents as provided by |
625 | this part or the State Board of Administration may, upon request |
626 | of the authority, act as fiscal agent for the authority in the |
627 | issuance of any bonds that are issued pursuant to this part, and |
628 | the State Board of Administration may, upon request of the |
629 | authority, take over the management, control, administration, |
630 | custody, and payment of any or all debt services or funds or |
631 | assets now or hereafter available for any bonds issued pursuant |
632 | to this part. The authority may enter into any deeds of trust, |
633 | indentures, or other agreements with its fiscal agent, or with |
634 | any bank or trust company within or without the state, as |
635 | security for such bonds and may, under such agreements, sign and |
636 | pledge all or any of the revenues, rates, fees, rentals, or |
637 | other charges or receipts of the authority. Such deed of trust, |
638 | indenture, or other agreement may contain such provisions as are |
639 | customary in such instruments or as the authority authorizes, |
640 | including, but without limitation, provisions as to: |
641 | (a) The completion, improvement, operation, extension, |
642 | maintenance, repair, and lease of, or lease-purchase agreement |
643 | relating to, highway, bridge, and related transportation |
644 | facilities and appurtenances and the duties of the authority and |
645 | others, including the department, with reference thereto. |
646 | (b) The application of funds and the safeguarding of funds |
647 | on hand or on deposit. |
648 | (c) The rights and remedies of the trustee and the holders |
649 | of the bonds. |
650 | (d) The terms and provisions of the bonds or the |
651 | resolutions authorizing the issuance of the bonds. |
652 | (5) Any of the bonds issued pursuant to this part are, and |
653 | are hereby declared to be, negotiable instruments and have all |
654 | the qualities and incidents of negotiable instruments under the |
655 | law merchant and the negotiable instruments law of the state. |
656 | (6) Notwithstanding any of the provisions of this part, |
657 | each project, building, or facility that has been financed by |
658 | the issuance of bonds or other evidence of indebtedness under |
659 | this part and any refinancing thereof are hereby approved as |
660 | provided for in s. 11(f), Art. VII of the State Constitution. |
661 | 343.941 Bonds not debts or pledges of faith and credit of |
662 | state.--Revenue bonds issued under the provisions of this part |
663 | are not debts of the state or pledges of the faith and credit of |
664 | the state. Such bonds are payable exclusively from revenues |
665 | pledged for their payment. Each such bond shall contain a |
666 | statement on its face that the state is not obligated to pay the |
667 | same or the interest thereon, except from the revenues pledged |
668 | for its payment, and that the faith and credit of the state is |
669 | not pledged to the payment of the principal or interest of such |
670 | bond. The issuance of revenue bonds under the provisions of this |
671 | part does not directly, indirectly, or contingently obligate the |
672 | state to levy or to pledge any form of taxation whatsoever, or |
673 | to make any appropriation for their payment. No state funds |
674 | shall be used to pay the principal or interest of any bonds |
675 | issued to finance or refinance any portion of the authority's |
676 | transportation projects, and each such bond shall contain a |
677 | statement on its face to this effect. |
678 | 343.943 Covenant of the state.--The state does hereby |
679 | pledge to, and agrees with, any person, firm, or corporation or |
680 | federal or state agency subscribing to or acquiring the bonds to |
681 | be issued by the authority for the purposes of this part that |
682 | the state will not limit or alter the rights hereby vested in |
683 | the authority and the department until all bonds at any time |
684 | issued, together with the interest thereon, are fully paid and |
685 | discharged insofar as the same affects the rights of the holders |
686 | of bonds issued hereunder. The state does further pledge to, and |
687 | agree with, the United States that, if any federal agency |
688 | constructs or contributes any funds for the completion, |
689 | extension, or improvement of the system or any part or portion |
690 | thereof, the state will not alter or limit the rights and powers |
691 | of the authority and the department in any manner that would be |
692 | inconsistent with the continued maintenance and operation of the |
693 | system or the completion, extension, or improvement thereof or |
694 | that would be inconsistent with the due performance of any |
695 | agreements between the authority and any such federal agency. |
696 | The authority and the department shall continue to have and may |
697 | exercise all powers herein granted so long as necessary or |
698 | desirable for the carrying out of the purposes of this part and |
699 | the purposes of the United States in the completion, extension, |
700 | or improvement of the system or any part or portion thereof. |
701 | 343.944 Remedies of the bondholders.-- |
702 | (1) The rights and the remedies in this section conferred |
703 | upon or granted to the bondholders are in addition to and not in |
704 | limitation of any rights and remedies lawfully granted to such |
705 | bondholders by the resolution or resolutions providing for the |
706 | issuance of bonds or by a lease-purchase agreement, deed of |
707 | trust, indenture, or other agreement under which the bonds may |
708 | be issued or secured. If the authority defaults in the payment |
709 | of the principal of or interest on any of the bonds issued |
710 | pursuant to the provisions of this part after such principal of |
711 | or interest on the bonds becomes due, whether at maturity or |
712 | upon call for redemption, or the department defaults in any |
713 | payments under, or covenants made in, any lease-purchase |
714 | agreement between the authority and the department, and such |
715 | default continues for a period of 30 days, or if the authority |
716 | or the department fails or refuses to comply with the provisions |
717 | of this part or any agreement made with, or for the benefit of, |
718 | the holders of the bonds, the holders of 25 percent in aggregate |
719 | principal amount of the bonds then outstanding may appoint a |
720 | trustee to represent such bondholders for the purposes hereof, |
721 | if such holders of 25 percent in aggregate principal amount of |
722 | the bonds then outstanding shall first give notice of their |
723 | intention to appoint a trustee to the authority and to the |
724 | department. Such notice shall be deemed to have been given if |
725 | given in writing, deposited in a securely sealed postpaid |
726 | wrapper, mailed at a regularly maintained United States post |
727 | office box or station, and addressed, respectively, to the chair |
728 | of the authority and to the secretary of the department at the |
729 | principal office of the department. |
730 | (2) Such trustee and any trustee under any deed of trust, |
731 | indenture, or other agreement may and, upon written request of |
732 | the holders of 25 percent or such other percentages as are |
733 | specified in any deed of trust, indenture, or other agreement |
734 | aforesaid in principal amount of the bonds then outstanding, |
735 | shall, in any court of competent jurisdiction, in his, her, or |
736 | its own name: |
737 | (a) By mandamus or other suit, action, or proceeding at |
738 | law or in equity, enforce all rights of the bondholders, |
739 | including the right to require the authority to fix, establish, |
740 | maintain, collect, and charge rates, fees, rentals, and other |
741 | charges adequate to carry out any agreement as to or pledge of |
742 | the revenues or receipts of the authority, to carry out any |
743 | other covenants and agreements with or for the benefit of the |
744 | bondholders, and to perform its and their duties under this |
745 | part. |
746 | (b) By mandamus or other suit, action, or proceeding at |
747 | law or in equity, enforce all rights of the bondholders under or |
748 | pursuant to any lease-purchase agreement between the authority |
749 | and the department, including the right to require the |
750 | department to make all rental payments required to be made by it |
751 | under the provisions of any such lease-purchase agreement and to |
752 | require the department to carry out any other covenants and |
753 | agreements with or for the benefit of the bondholders and to |
754 | perform its and their duties under this part. |
755 | (c) Bring suit upon the bonds. |
756 | (d) By action or suit in equity, require the authority or |
757 | the department to account as if it were the trustee of an |
758 | express trust for the bondholders. |
759 | (e) By action or suit in equity, enjoin any acts or things |
760 | that may be unlawful or in violation of the rights of the |
761 | bondholders. |
762 | (3) Any trustee, when appointed as aforesaid or acting |
763 | under a deed of trust, indenture, or other agreement, and |
764 | regardless of whether all bonds have been declared due and |
765 | payable, may appoint a receiver who may enter upon and take |
766 | possession of the system or the facilities or any part or parts |
767 | thereof, the rates, fees, rentals, or other revenues, charges, |
768 | or receipts from which are or may be applicable to the payment |
769 | of the bonds so in default, and, subject to and in compliance |
770 | with the provisions of any lease-purchase agreement between the |
771 | authority and the department, operate and maintain the same for |
772 | and on behalf of and in the name of the authority, the |
773 | department, and the bondholders, and collect and receive all |
774 | rates, fees, rentals, and other charges or receipts or revenues |
775 | arising therefrom in the same manner as the authority or the |
776 | department might do, and shall deposit all such moneys in a |
777 | separate account and apply such moneys in such manner as the |
778 | court shall direct. In any suit, action, or proceeding by the |
779 | trustee, the fees, counsel fees, and expenses of the trustee and |
780 | the receiver, if any, and all costs and disbursements allowed by |
781 | the court shall be a first charge on any rates, fees, rentals, |
782 | or other charges, revenues, or receipts derived from the system |
783 | or the facilities or services or any part or parts thereof, |
784 | including payments under any such lease-purchase agreement as |
785 | aforesaid, which rates, fees, rentals, or other charges, |
786 | revenues, or receipts may be applicable to the payment of the |
787 | bonds so in default. Such trustee, in addition to the foregoing, |
788 | possesses all of the powers necessary for the exercise of any |
789 | functions specifically set forth herein or incident to the |
790 | representation of the bondholders in the enforcement and |
791 | protection of their rights. |
792 | (4) This section or any other section of this part does |
793 | not authorize any receiver appointed pursuant hereto for the |
794 | purpose, subject to and in compliance with the provisions of any |
795 | lease-purchase agreement between the authority and the |
796 | department, of operating and maintaining the system or any |
797 | facilities or part or parts thereof to sell, assign, mortgage, |
798 | or otherwise dispose of any of the assets of whatever kind and |
799 | character belonging to the authority. It is the intention of |
800 | this part to limit the powers of such receiver, subject to and |
801 | in compliance with the provisions of any lease-purchase |
802 | agreement between the authority and the department, to the |
803 | operation and maintenance of the system or any facility or part |
804 | or parts thereof, as the court may direct, in the name of and |
805 | for and on behalf of the authority, the department, and the |
806 | bondholders. In any suit, action, or proceeding at law or in |
807 | equity, a holder of bonds on the authority, a trustee, or any |
808 | court may not compel or direct a receiver to sell, assign, |
809 | mortgage, or otherwise dispose of any assets of whatever kind or |
810 | character belonging to the authority. A receiver also may not be |
811 | authorized to sell, assign, mortgage, or otherwise dispose of |
812 | any assets of whatever kind or character belonging to the |
813 | authority in any suit, action, or proceeding at law or in |
814 | equity. |
815 | 343.945 Pledges enforceable by bondholders.--It is the |
816 | express intention of this part that any pledge to the authority |
817 | by the department of rates, fees, revenues, or other funds as |
818 | rentals, or any covenants or agreements relative thereto, is |
819 | enforceable in any court of competent jurisdiction against the |
820 | authority or directly against the department by any holder of |
821 | bonds issued by the authority. |
822 | 343.946 Lease-purchase agreement.-- |
823 | (1) In order to effectuate the purposes of this part and |
824 | as authorized by this part, the authority may enter into a |
825 | lease-purchase agreement with the department relating to and |
826 | covering authority projects within the seven-county Bay Area |
827 | region. |
828 | (2) Such lease-purchase agreement shall provide for the |
829 | leasing of the system by the authority, as lessor, to the |
830 | department, as lessee, shall prescribe the term of such lease |
831 | and the rentals to be paid thereunder, and shall provide that, |
832 | upon the completion of the faithful performance thereunder and |
833 | the termination of such lease-purchase agreement, title in fee |
834 | simple absolute to the system as then constituted shall be |
835 | transferred in accordance with law by the authority to the state |
836 | and the authority shall deliver to the department such deeds and |
837 | conveyances as shall be necessary or convenient to vest title in |
838 | fee simple absolute in the state. |
839 | (3) Such lease-purchase agreement may include such other |
840 | provisions, agreements, and covenants as the authority and the |
841 | department deem advisable or required, including, but not |
842 | limited to, provisions as to the bonds to be issued for the |
843 | purposes of this part, the completion, extension, improvement, |
844 | operation, and maintenance of the system and the expenses and |
845 | the cost of operation of the authority, the charging and |
846 | collection of tolls, rates, fees, and other charges for the use |
847 | of the services and facilities thereof, and the application of |
848 | federal or state grants or aid which may be made or given to |
849 | assist the authority in the completion, extension, improvement, |
850 | operation, and maintenance of the system. |
851 | (4) The department as lessee under such lease-purchase |
852 | agreement may pay as rentals thereunder any rates, fees, |
853 | charges, funds, moneys, receipts, or income accruing to the |
854 | department from the operation of the system and may also pay as |
855 | rentals any appropriations received by the department pursuant |
856 | to any act of the Legislature heretofore or hereafter enacted; |
857 | however, nothing in this section or in such lease-purchase |
858 | agreement is intended to require, nor shall this part or such |
859 | lease-purchase agreement require, the making or continuance of |
860 | such appropriations, nor shall any holder of bonds issued |
861 | pursuant to this part ever have any right to compel the making |
862 | or continuance of such appropriations. |
863 | (5) The department shall have power to covenant in any |
864 | lease-purchase agreement that it will pay all or any part of the |
865 | cost of the operation, maintenance, repair, renewal, and |
866 | replacement of facilities, and any part of the cost of |
867 | completing facilities to the extent that the proceeds of bonds |
868 | issued are insufficient, from sources other than the revenues |
869 | derived from the operation of the system. |
870 | 343.947 Department may be appointed agent of authority for |
871 | construction.--The department may be appointed by the authority |
872 | as its agent for the purpose of constructing and completing |
873 | transportation projects, and improvements and extensions |
874 | thereto, in the authority's master plan. In such event, the |
875 | authority shall provide the department with complete copies of |
876 | all documents, agreements, resolutions, contracts, and |
877 | instruments relating thereto; shall request the department to do |
878 | such construction work, including the planning, surveying, and |
879 | actual construction of the completion, extensions, and |
880 | improvements to the system; and shall transfer to the credit of |
881 | an account of the department in the treasury of the state the |
882 | necessary funds therefor. The department shall proceed with such |
883 | construction and use the funds for such purpose in the same |
884 | manner that it is now authorized to use the funds otherwise |
885 | provided by law for its use in construction of commuter rail |
886 | systems, transit systems, ferry systems, roads, bridges, and |
887 | related transportation facilities. |
888 | 343.95 Acquisition of lands and property.-- |
889 | (1) For the purposes of this part, the authority may |
890 | acquire private or public property and property rights, |
891 | including rights of access, air, view, and light, by gift, |
892 | devise, purchase, or condemnation by eminent domain proceedings, |
893 | as the authority may deem necessary for any purpose of this |
894 | part, including, but not limited to, any lands reasonably |
895 | necessary for securing applicable permits, areas necessary for |
896 | management of access, borrow pits, drainage ditches, water |
897 | retention areas, rest areas, replacement access for landowners |
898 | whose access is impaired due to the construction of a facility, |
899 | and replacement rights-of-way for relocated rail and utility |
900 | facilities; for existing, proposed, or anticipated |
901 | transportation facilities within the seven-county Bay Area |
902 | region identified by the authority; or for the purposes of |
903 | screening, relocation, removal, or disposal of junkyards and |
904 | scrap metal processing facilities. The authority may condemn any |
905 | material and property necessary for such purposes. |
906 | (2) The right of eminent domain herein conferred shall be |
907 | exercised by the authority in the manner provided by law. |
908 | (3) When the authority acquires property for a |
909 | transportation facility within the seven-county Bay Area region, |
910 | the authority is not subject to any liability imposed by chapter |
911 | 376 or chapter 403 for preexisting soil or groundwater |
912 | contamination due solely to its ownership. This subsection does |
913 | not affect the rights or liabilities of any past or future |
914 | owners of the acquired property, nor does it affect the |
915 | liability of any governmental entity for the results of its |
916 | actions which create or exacerbate a pollution source. The |
917 | authority and the Department of Environmental Protection may |
918 | enter into interagency agreements for the performance, funding, |
919 | and reimbursement of the investigative and remedial acts |
920 | necessary for property acquired by the authority. |
921 | 343.96 Cooperation with other units, boards, agencies, and |
922 | individuals.--Express authority and power is hereby given and |
923 | granted to any county, municipality, drainage district, road and |
924 | bridge district, school district, or any other political |
925 | subdivision, board, commission, or individual in or of the state |
926 | to make and enter into contracts, leases, conveyances, |
927 | partnerships, or other agreements with the authority within the |
928 | provisions and purposes of this part. The authority may make and |
929 | enter into contracts, leases, conveyances, partnerships, and |
930 | other agreements with any political subdivision, agency, or |
931 | instrumentality of the state and any and all federal agencies, |
932 | corporations, and individuals for the purpose of carrying out |
933 | the provisions of this part. |
934 | 343.962 Public-private partnerships.-- |
935 | (1) The authority may receive or solicit proposals and |
936 | enter into agreements with private entities or consortia thereof |
937 | for the building, operation, ownership, or financing of |
938 | multimodal transportation systems, transit-oriented development |
939 | nodes, transit stations, or related facilities within the |
940 | jurisdiction of the authority. Before approval, the authority |
941 | must determine that a proposed project: |
942 | (a) Is in the public's best interest. |
943 | (b) Would not require state funds to be used unless the |
944 | project is on or provides increased mobility on the State |
945 | Highway System. |
946 | (c) Would have adequate safeguards to ensure that |
947 | additional costs or unreasonable service disruptions would not |
948 | be realized by the traveling public and citizens of the state in |
949 | the event of default or the cancellation of the agreement by the |
950 | authority. |
951 | (2) The authority shall ensure that all reasonable costs |
952 | to the state related to transportation facilities that are not |
953 | part of the State Highway System are borne by the private entity |
954 | or any partnership created to develop the facilities. The |
955 | authority shall also ensure that all reasonable costs to the |
956 | state and substantially affected local governments and utilities |
957 | related to the private transportation facility are borne by the |
958 | private entity for transportation facilities that are owned by |
959 | private entities. For projects on the State Highway System or |
960 | that provide increased mobility on the State Highway System, the |
961 | department may use state resources to participate in funding and |
962 | financing the project as provided for under the department's |
963 | enabling legislation. |
964 | (3) The authority may request proposals and receive |
965 | unsolicited proposals for public-private multimodal |
966 | transportation projects, and, upon receipt of any unsolicited |
967 | proposal or determination to issue a request for proposals, the |
968 | authority must publish a notice in the Florida Administrative |
969 | Weekly and a newspaper of general circulation in the county in |
970 | which the proposed project is located at least once a week for 2 |
971 | weeks requesting proposals or, if an unsolicited proposal was |
972 | received, stating that it has received the proposal and will |
973 | accept, for 60 days after the initial date of publication, other |
974 | proposals for the same project purpose. A copy of the notice |
975 | must be mailed to each local government in the affected areas. |
976 | After the public notification period has expired, the authority |
977 | shall rank the proposals in order of preference. In ranking the |
978 | proposals, the authority shall consider professional |
979 | qualifications, general business terms, innovative engineering |
980 | or cost-reduction terms, finance plans, and the need for state |
981 | funds to deliver the proposal. If the authority is not satisfied |
982 | with the results of the negotiations, it may, at its sole |
983 | discretion, terminate negotiations with the proposer. If these |
984 | negotiations are unsuccessful, the authority may go to the |
985 | second and lower ranked firms, in order, using the same |
986 | procedure. If only one proposal is received, the authority may |
987 | negotiate in good faith and, if it is not satisfied with the |
988 | results, it may, at its sole discretion, terminate negotiations |
989 | with the proposer. Notwithstanding this subsection, the |
990 | authority may, at its discretion, reject all proposals at any |
991 | point in the process up to completion of a contract with the |
992 | proposer. |
993 | (4) Agreements entered into pursuant to this section may |
994 | authorize the public-private entity to impose tolls or fares for |
995 | the use of the facility. However, the amount and use of toll or |
996 | fare revenues shall be regulated by the authority to avoid |
997 | unreasonable costs to users of the facility. |
998 | (5) Each public-private transportation facility |
999 | constructed pursuant to this section shall comply with all |
1000 | requirements of federal, state, and local laws; state, regional, |
1001 | and local comprehensive plans; the authority's rules, policies, |
1002 | procedures, and standards for transportation facilities; and any |
1003 | other conditions that the authority determines to be in the |
1004 | public's best interest. |
1005 | (6) The authority may exercise any of its powers, |
1006 | including eminent domain, to facilitate the development and |
1007 | construction of multimodal transportation projects pursuant to |
1008 | this section. The authority may pay all or part of the cost of |
1009 | operating and maintaining the facility or may provide services |
1010 | to the private entity, for which services it shall receive full |
1011 | or partial reimbursement. |
1012 | (7) Except as provided in this section, this section is |
1013 | not intended to amend existing law by granting additional powers |
1014 | to or imposing further restrictions on the governmental entities |
1015 | with regard to regulating and entering into cooperative |
1016 | arrangements with the private sector for the planning, |
1017 | construction, and operation of transportation facilities. |
1018 | (8) The authority may adopt rules pursuant to ss. |
1019 | 120.536(1) and 120.54 to implement this section and shall, by |
1020 | rule, establish an application fee for the submission of |
1021 | unsolicited proposals under this section. The fee must be |
1022 | sufficient to pay the costs of evaluating the proposals. |
1023 | 343.97 Exemption from taxation.--The effectuation of the |
1024 | authorized purposes of the authority created under this part is |
1025 | for the benefit of the people of this state, for the increase of |
1026 | their commerce and prosperity, and for the improvement of their |
1027 | health and living conditions and, because the authority performs |
1028 | essential governmental functions in effectuating such purposes, |
1029 | the authority is not required to pay any taxes or assessments of |
1030 | any kind or nature whatsoever upon any property acquired or used |
1031 | by it for such purposes, or upon any rates, fees, rentals, |
1032 | receipts, income, or charges at any time received by it. The |
1033 | bonds issued by the authority, their transfer, and the income |
1034 | therefrom, including any profits made on the sale thereof, shall |
1035 | at all times be free from taxation of any kind by the state or |
1036 | by any political subdivision, taxing agency, or instrumentality |
1037 | thereof. The exemption granted by this section does not apply to |
1038 | any tax imposed by chapter 220 on interest, income, or profits |
1039 | on debt obligations owned by corporations. |
1040 | 343.973 Eligibility for investments and security.--Any |
1041 | bonds or other obligations issued pursuant to this part shall be |
1042 | and constitute legal investments for banks, savings banks, |
1043 | trustees, executors, administrators, and all other fiduciaries |
1044 | and for all state, municipal, and other public funds and shall |
1045 | also be and constitute securities eligible for deposit as |
1046 | security for all state, municipal, or other public funds, |
1047 | notwithstanding the provisions of any other law to the contrary. |
1048 | 343.975 Complete and additional statutory authority.-- |
1049 | (1) The powers conferred by this part are supplemental to |
1050 | the existing powers of the board and the department. This part |
1051 | does not repeal any of the provisions of any other law, general, |
1052 | special, or local, but supplements such other laws in the |
1053 | exercise of the powers provided in this part and provides a |
1054 | complete method for the exercise of the powers granted in this |
1055 | part. The projects planned and constructed by the Tampa Bay Area |
1056 | Regional Transportation Authority shall comply with all |
1057 | applicable federal, state, and local laws. The extension and |
1058 | improvement of the system, and the issuance of bonds hereunder |
1059 | to finance all or part of the cost thereof, may be accomplished |
1060 | upon compliance with the provisions of this part without regard |
1061 | to or necessity for compliance with the provisions, limitations, |
1062 | or restrictions contained in any other general, special, or |
1063 | local law, including, but not limited to, s. 215.821. An |
1064 | approval of any bonds issued under this part by the qualified |
1065 | electors or qualified electors who are freeholders in the state |
1066 | or in any other political subdivision of the state is not |
1067 | required for the issuance of such bonds pursuant to this part. |
1068 | (2) This part does not repeal, rescind, or modify any |
1069 | other law relating to the State Board of Administration, the |
1070 | Department of Transportation, the Tampa-Hillsborough County |
1071 | Expressway Authority, or the Division of Bond Finance within the |
1072 | State Board of Administration; however, this part supersedes |
1073 | such other laws as are inconsistent with its provisions, |
1074 | including, but not limited to, s. 215.821. |
1075 | (3) This part does not preclude the department from |
1076 | acquiring, holding, constructing, improving, maintaining, |
1077 | operating, or owning tolled or nontolled facilities funded and |
1078 | constructed from nonauthority sources that are part of the State |
1079 | Highway System within the geographical boundaries of the Tampa |
1080 | Bay Area Regional Transportation Authority. |
1081 | Section 2. Nothing in this act shall prohibit any member |
1082 | local government from participating in or creating any other |
1083 | transit authority, regional transportation authority, or |
1084 | expressway authority. |
1085 | Section 3. This act shall take effect July 1, 2007. |