| 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. |