CS/CS/HB 251

1
A bill to be entitled
2An act relating to regional transportation facilities;
3creating part V of chapter 343, F.S.; creating s. 343.90,
4F.S.; providing a short title; creating s. 343.91, F.S.;
5providing definitions; creating s. 343.92, F.S.; creating
6the Tampa Bay Area Regional Transportation Authority,
7comprising Citrus, Hernando, Hillsborough, Manatee, Pasco,
8Pinellas, and Sarasota Counties; providing for
9organization and membership; providing for reimbursement
10of travel expenses and per diem; requiring members to
11comply with specified financial disclosure provisions;
12providing for employees and advisory committees; creating
13s. 343.922, F.S.; specifying purposes of the authority;
14providing for rights, powers, and duties of the authority;
15authorizing the authority to construct, operate, and
16maintain certain multimodal transportation systems;
17authorizing the authority to collect fares and tolls on
18its transportation facilities; requiring the authority to
19develop and adopt a regional multimodal transportation
20master plan by a date certain; providing for content,
21updates, and use of the plan; authorizing the authority to
22request funding and technical assistance; authorizing the
23authority to borrow money, enter into partnerships and
24other agreements, enter into and make lease-purchase
25agreements, and make contracts for certain purposes;
26specifying that the authority does not have power to
27pledge the credit or taxing power of the state; creating
28s. 343.94, F.S.; providing legislative approval of bond
29financing by the authority for its projects; providing for
30issuance of the bonds by the authority or the Division of
31Bond Finance; providing for contract with bondholders;
32authorizing the authority to employ fiscal agents;
33authorizing the State Board of Administration to act as
34fiscal agent; creating s. 343.941, F.S.; providing that
35the authority's bonds are not debts or pledges of faith
36and credit of the state; creating s. 343.943, F.S.;
37providing a state covenant with bondholders; creating s.
38343.944, F.S.; providing certain rights and remedies for
39bondholders; creating s. 343.945, F.S.; providing for
40enforcement by bondholders of pledges to the authority
41from the department; creating s. 343.946, F.S.; providing
42for lease-purchase agreements between the authority and
43the department; creating s. 343.947, F.S.; providing for
44the department to act as an agent for the authority for
45the purposes of constructing and completing the
46authority's projects; creating s. 343.95, F.S.; providing
47for the authority to purchase property and property
48rights; creating s. 343.96, F.S.; providing for the
49authority to enter into cooperative agreements with other
50entities and persons; creating s. 343.962, F.S.; providing
51for the authority to enter into certain public-private
52agreements under certain conditions; providing procedures
53for proposals for public-private multimodal transportation
54projects; authorizing the public-private entity to impose
55certain tolls or fares for use of the systems; providing
56criteria for the constructed systems; authorizing the
57authority to use certain powers to facilitate project
58development, construction, and operation; providing intent
59relating to governmental entities; authorizing the
60authority to adopt certain rules and establish an
61application fee; creating s. 343.97, F.S.; exempting the
62authority from certain taxation; creating s. 343.973,
63F.S.; specifying that bonds or other obligations issued by
64the authority are legal investments constituting
65securities for certain purposes; creating s. 343.975,
66F.S.; providing for application and effect of specified
67provisions; providing an effective date.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Part V of chapter 343, Florida Statutes,
72consisting of sections 343.90, 343.91, 343.92, 343.922, 343.94,
73343.941, 343.943, 343.944, 343.945, 343.946, 343.947, 343.95,
74343.96, 343.962, 343.97, 343.973, and 343.975, is created to
75read:
76     343.90  Short title.--This part may be cited as the "Tampa
77Bay Area Regional Transportation Authority Act."
78     343.91  Definitions.--
79     (1)  The following terms, whenever used or referred to in
80this part, shall have the following meanings, except in those
81instances where the context clearly indicates otherwise:
82     (a)  "Authority" means the Tampa Bay Area Regional
83Transportation Authority, the body politic and corporate and
84agency of the state created by this part, covering the seven-
85county area comprised of Citrus, Hernando, Hillsborough,
86Manatee, 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
89other evidences of indebtedness or obligations, in either
90temporary or definitive form, which the authority is authorized
91to issue under this part.
92     (d)1.  "Bus rapid transit" means a type of limited-stop bus
93service that relies on technology to help expedite service
94through priority for transit, rapid and convenient fare
95collection, and integration with land use to substantially
96upgrade performance of buses operating on exclusive, high-
97occupancy-vehicle lanes, expressways, or ordinary streets.
98     2.  "Express bus" means a type of bus service designed to
99expedite longer trips, especially in major metropolitan areas
100during heavily patronized peak commuting hours, by operating
101over long distances without stopping on freeways or partially
102controlled access roadway facilities.
103     (e)1.  "Commuter rail" means a complete system of tracks,
104guideways, stations, and rolling stock necessary to effectuate
105medium-distance to long-distance passenger rail service to,
106from, or within the municipalities within the authority's
107designated seven-county region.
108     2.  "Heavy rail transit" means a complete rail system
109operating on an electric railway with the capacity for a heavy
110volume of traffic, characterized by high-speed and rapid-
111acceleration passenger rail cars operating singly or in multicar
112trains on fixed rails in separate rights-of-way from which all
113other vehicular and pedestrian traffic are excluded. "Heavy rail
114transit" includes metro, subway, elevated, rapid transit, and
115rapid rail systems.
116     3.  "Light rail transit" means a complete system of tracks,
117overhead catenaries, stations, and platforms with lightweight
118passenger rail cars operating singly or in short, multicar
119trains on fixed rails in rights-of-way that are not separated
120from other traffic for much of the way.
121     (f)  "Consultation" means that one party confers with
122another identified party in accordance with an established
123process and, prior to taking action, considers that party's
124views 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
127agreement that the authority is authorized under this part to
128enter into with the department.
129     (i)  "Limited access expressway" or "expressway" means a
130street or highway especially designed for through traffic and
131over, from, or to which a person does not have the right of
132easement, use, or access except in accordance with the rules
133adopted and established by the authority for the use of such
134facility.
135     (j)  "Members" means the individuals constituting the
136governing body of the authority.
137     (k)  "Multimodal transportation system" means a well-
138connected network of transportation modes reflecting a high
139level of accessibility between modes and proximity to supportive
140land use patterns.
141     (l)  "Park-and-ride lot" means a transit station stop or a
142carpool or vanpool waiting area to which patrons may drive
143private vehicles for parking before gaining access to transit,
144commuter rail, or heavy rail systems or taking carpool or
145vanpool vehicles to their destinations.
146     (m)  "State Board of Administration" means the body
147corporate existing under the provisions of s. 9, Art. XII of the
148State Constitution, or any successor thereto.
149     (n)  "Transit-oriented development" means a mixed-use
150residential or commercial area designed to maximize access to
151public transportation and often incorporates features to
152encourage transit ridership. A transit-oriented development
153neighborhood typically has a center with a train station, tram
154stop, or bus station surrounded by relatively high-density
155development with progressively lower density development
156spreading outward from the center, typically within 1/2 mile of
157the stop or station.
158     (o)  "Transit station" means a public transportation
159passenger facility that is accessible either at street level or
160on above-grade platforms and often surrounded by pedestrian-
161friendly, higher density development or park-and-ride lots.
162     (2)  Terms importing singular number include the plural
163number in each case and vice versa, and terms importing persons
164include firms and corporations.
165     343.92  Tampa Bay Area Regional Transportation Authority.--
166     (1)  There is created and established a body politic and
167corporate, an agency of the state, to be known as the Tampa Bay
168Area Regional Transportation Authority, hereinafter referred to
169as the authority.
170     (2)  The governing board of the authority shall consist of
17116 members.
172     (a)  There shall be one nonvoting, ex officio member of the
173board who shall be appointed by the secretary of the department,
174but who must be the district secretary for one of the department
175districts within the seven-county area of the authority, at the
176discretion of the secretary of the department.
177     (b)  There shall be 15 voting members of the board as
178follows:
179     1.  The county commissions of Citrus, Hernando,
180Hillsborough, Manatee, Pasco, Pinellas, and Sarasota Counties
181shall each appoint one elected official to the board. Members
182appointed under this subparagraph shall serve 2-year terms with
183not more than three consecutive terms being served by any
184person. If a member under this subparagraph leaves elected
185office, a vacancy exists on the board to be filled as provided
186in this subparagraph.
187     2.  The West Central Florida M.P.O. Chairs Coordinating
188Committee shall appoint one member to the board who must be a
189chair of one of the six metropolitan planning organizations in
190the region. The member appointed under this subparagraph shall
191serve a 2-year term with not more than three consecutive terms
192being served by any person.
193     3.a.  Two members of the board shall be the mayor, or the
194mayor's designee, of the largest municipality within the service
195area of each of the following independent transit agencies or
196their legislatively created successor agencies: Pinellas
197Suncoast Transit Authority and Hillsborough Area Regional
198Transit Authority. The largest municipality is that municipality
199with the largest population as determined by the most recent
200United States Decennial Census.
201     b.  If a mayor chooses not to serve, his or her designee
202must be an elected official selected by the mayor from that
203largest municipality's city council or city commission. A mayor
204or his or her designee shall serve a 2-year term with not more
205than three consecutive terms being served by any person.
206     c.  A designee's term ends if the mayor leaves office for
207any reason. If a designee leaves elected office on the city
208council or commission, a vacancy exists on the board to be
209filled by the mayor of that municipality as provided in sub-
210subparagraph a.
211     d.  A mayor who has served three consecutive terms on the
212board must designate an elected official from that largest
213municipality's city council or city commission to serve on the
214board for at least one term.
215     4.a.  One membership on the board shall rotate every 2
216years between the mayor, or his or her designee, of the largest
217municipality within Manatee County and the mayor, or his or her
218designee, of the largest municipality within Sarasota County.
219The mayor, or his or her designee, from the largest municipality
220within Manatee County shall serve the first 2-year term. The
221largest municipality is that municipality with the largest
222population as determined by the most recent United States
223Decennial Census.
224     b.  If a mayor chooses not to serve, his or her designee
225must be an elected official selected by the mayor from that
226municipality's city council or city commission.
227     5.  The Governor shall appoint to the board four business
228representatives who each reside in any of the seven counties
229governed by the authority and who are not elected officials, at
230least one but not more than two of whom shall represent counties
231within the federally designated Tampa Bay Transportation
232Management Area. Members appointed by the Governor shall serve
2333-year terms with not more than two consecutive terms being
234served by any person.
235     (c)  Appointments may be staggered to avoid mass turnover
236at the end of any 2-year or 4-year period. A vacancy during a
237term shall be filled by the respective appointing authority
238within 90 days in the same manner as the original appointment
239and only for the remainder of the unexpired term.
240     (3)  The members of the board shall serve without
241compensation but shall be entitled to receive from the authority
242reimbursement for travel expenses and per diem actually incurred
243in connection with the business of the authority as provided in
244s. 112.061.
245     (4)  Members of the board shall comply with the applicable
246financial disclosure requirements of ss. 112.3145, 112.3148, and
247112.3149.
248     (5)  The Governor shall appoint the initial chair from
249among the full membership of the board immediately upon their
250being appointed by the member governments or organizations named
251in subsection (2). In no case shall those appointments be made
252any later than 45 days following the effective date of this act.
253The initial chair shall hold this position for a minimum term of
2542 years. During its inaugural meeting, the board shall elect
255from among its members a vice chair and secretary-treasurer who
256shall serve a minimum term of 1 year each. During its inaugural
257meeting, the board shall also establish the duties and powers of
258the vice chair and secretary-treasurer and establish its rules
259of conduct and meeting procedures.
260     (6)  At the end of the initial chair's term, the board
261shall elect a chair from among its members. The chair shall hold
262office at the will of the board. In that election, the board
263shall also elect from among its members a vice chair and
264secretary-treasurer.
265     (7)  The first meeting of the authority shall be held no
266later than 60 days after the effective date of this act, by
267which time all of the counties and the West Central Florida
268M.P.O. Chairs Coordinating Committee must have appointed their
269appropriate representatives.
270     (8)  Eight members of the board shall constitute a quorum,
271and the vote of eight members shall be necessary for any action
272to be taken by the authority. The authority may meet upon the
273constitution of a quorum. No vacancy shall impair the right of a
274quorum of the board to exercise all rights and perform all
275duties of the authority.
276     (9)  The board may establish committees for the following
277areas:
278     (a)  Planning.
279     (b)  Policy.
280     (c)  Finance.
281     (10)  The authority may employ an executive director, an
282executive secretary, its own legal counsel and legal staff,
283technical experts, engineers, and such employees, permanent or
284temporary, as it may require. The authority shall determine the
285qualifications and fix the compensation of such persons, firms,
286or corporations and may employ a fiscal agent or agents;
287however, the authority shall solicit sealed proposals from at
288least three persons, firms, or corporations for the performance
289of any services as fiscal agents. The authority may delegate its
290power, except for duties specified in chapter 120, to one or
291more of its agents or employees to carry out the purposes of
292this part, subject always to the supervision and control of the
293authority.
294     (11)(a)  The authority shall establish a Transit Management
295Committee comprised of the executive directors or general
296managers, or their designees, of each of the existing transit
297providers and Bay Area commuter services.
298     (b)  The authority shall establish a Citizens Advisory
299Committee comprised of appointed citizen committee members from
300each county and transit provider in the region, not to exceed 16
301members.
302     (c)  The authority may establish technical advisory
303committees to provide guidance and advice on regional
304transportation issues. The authority shall establish the size,
305composition, and focus of any technical advisory committee
306created.
307     (d)  Persons appointed to a committee shall serve without
308compensation but may be entitled to per diem or travel expenses
309as provided in s. 112.061.
310     343.922  Powers and duties.--
311     (1)  The express purposes of the authority are to improve
312mobility and expand multimodal transportation options for
313passengers and freight throughout the seven-county Bay Area
314region.
315     (2)(a)  The authority has the right to plan, develop,
316finance, construct, own, purchase, operate, maintain, relocate,
317equip, repair, and manage those public transportation projects,
318such as express bus services; bus rapid transit services; light
319rail, commuter rail, heavy rail, or other transit services;
320ferry services; transit stations; park-and-ride lots; transit-
321oriented development nodes; or feeder roads, reliever roads,
322connector roads, bypasses, or appurtenant facilities, that are
323intended to address critical transportation needs or concerns in
324the Bay Area region as identified by the authority by July 1,
3252009. These projects may also include all necessary approaches,
326roads, bridges, and avenues of access that are desirable and
327proper with the concurrence of the department, as applicable, if
328the project is to be part of the State Highway System.
329     (b)  Any transportation facilities constructed by the
330authority may be tolled. The authority shall not toll existing
331transportation facilities. Fare payment methods for public
332transportation projects shall promote seamless integration
333between regional and local transit systems. Tolling technologies
334shall be consistent with the systems used by the Florida
335Turnpike Enterprise for the purpose of allowing the use of a
336single transponder or a similar electronic tolling device for
337all facilities of the authority and the Florida Turnpike
338Enterprise.
339     (c)  The authority shall coordinate and consult with local
340governments on transit or commuter rail station area plans that
341provide for compact, mixed-use, transit-oriented development
342that will support transit investments and provide a variety of
343workforce housing choices, recognizing the need for housing
344alternatives for a variety of income ranges.
345     (3)(a)  No later than July 1, 2009, the authority shall
346develop and adopt a regional transportation master plan that
347provides a vision for a regionally integrated multimodal
348transportation system. The goals and objectives of the master
349plan are to identify areas of the Bay Area region where
350multimodal mobility, traffic safety, freight mobility, and
351efficient emergency evacuation alternatives need to be improved;
352identify areas of the region where multimodal transportation
353systems would be most beneficial to enhance mobility and
354economic development; develop methods of building partnerships
355with local governments, existing transit providers, expressway
356authorities, seaports, airports, and other local, state, and
357federal entities; and develop methods of building partnerships
358with CSX Corporation and CSX Transportation, Inc., to craft
359mutually beneficial solutions to achieve the authority's
360objectives, and with other private-sector business community
361entities that may further the authority's mission, and engage
362the public in support of regional multimodal transportation
363improvements. The master plan shall identify and may prioritize
364projects that will accomplish these goals and objectives,
365including, without limitation, the creation of express bus and
366bus rapid transit services, light rail, commuter rail, and heavy
367rail transit services, ferry services, freight services, and any
368other multimodal transportation system projects that address
369critical transportation needs or concerns, pursuant to
370subsection (2), and shall identify the costs of the proposed
371projects and revenue sources that could be used to pay those
372costs. In developing the master plan, the authority shall review
373and coordinate with the future land use, capital improvements,
374and traffic circulation elements of its member local
375governments' comprehensive plans and the plans, programs, and
376schedules of other units of government with transit or
377transportation authority within whose jurisdictions the projects
378or improvements will be located to define and resolve potential
379inconsistencies between such plans and the authority's
380developing master plan. By July 1, 2008, the authority, working
381with its member local governments, shall adopt a mandatory
382conflict resolution process that addresses consistency conflicts
383between the authority's regional transportation master plan and
384local government comprehensive plans.
385     (b)  The authority shall consult with the department to
386further the goals and objectives of the Strategic Regional
387Transit Needs Assessment completed by the department.
388     (c)  Prior to the final adoption of the regional
389transportation master plan, the authority shall hold at least
390one public meeting in each of the seven counties within the
391authority's region. At least one public hearing must take place
392before the authority's board.
393     (d)  After its adoption, the master plan shall be updated
394every 2 years before July 1.
395     (e)  The authority shall present the original master plan
396and updates to the governing bodies of the counties within the
397seven-county region, to the West Central Florida M.P.O. Chairs
398Coordinating Committee, and to the legislative delegation
399members representing those counties within 90 days after
400adoption.
401     (f)  The authority shall coordinate plans and projects with
402the West Central Florida M.P.O. Chairs Coordinating Committee,
403to the extent practicable, and participate in the regional
404M.P.O. planning process to ensure regional comprehension of the
405authority's mission, goals, and objectives.
406     (4)  The authority may undertake projects or other
407improvements in the master plan in phases as particular projects
408or segments become feasible, as determined by the authority. The
409authority shall coordinate project planning, development, and
410implementation with the applicable local governments. The
411authority's projects that are transportation oriented shall be
412consistent with the adopted local government comprehensive plans
413at the time they are funded for construction. Authority projects
414that are not transportation oriented and meet the definition of
415development pursuant to s. 380.04 shall be consistent with the
416local comprehensive plans. In carrying out its purposes and
417powers, the authority may request funding and technical
418assistance from the department and appropriate federal and local
419agencies, including, but not limited to, state infrastructure
420bank loans, advances from the Toll Facilities Revolving Trust
421Fund, and funding and technical assistance from any other
422source.
423     (5)  The authority is granted and may exercise all powers
424necessary, appurtenant, convenient, or incidental to the
425carrying out of the aforesaid purposes, including, but not
426limited to, the following rights and powers:
427     (a)  To sue and be sued, implead and be impleaded, and
428complain 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
431procedural powers granted under chapters 73 and 74.
432     (d)  To acquire by donation or otherwise, purchase, hold,
433construct, maintain, improve, operate, own, lease as a lessee,
434and use any franchise or property, real, personal, or mixed,
435tangible or intangible, or any option thereof in its own name or
436in conjunction with others, or any interest therein, necessary
437or desirable for carrying out the purposes of the authority.
438     (e)  To sell, convey, exchange, lease as a lessor,
439transfer, or otherwise dispose of any real or personal property,
440or interest therein, acquired by the authority, including air
441rights.
442     (f)  To fix, alter, establish, and collect rates, fares,
443fees, rentals, tolls, and other charges for the services and use
444of any light rail, commuter rail, heavy rail, bus rapid transit,
445or express bus services, ferry services, highways, feeder roads,
446bridges, or other transportation facilities owned or operated by
447the authority. These rates, fares, fees, rentals, tolls, and
448other charges must always be sufficient to comply with any
449covenants made with the holders of any bonds issued pursuant to
450this part; however, such right and power may be assigned or
451delegated by the authority to the department.
452     (g)  To borrow money and to make and issue negotiable
453notes, bonds, refunding bonds, and other evidences of
454indebtedness or obligations, either in temporary or definitive
455form, hereinafter in this chapter sometimes called "revenue
456bonds" of the authority, for the purpose of financing all or
457part of the mobility improvements within the Bay Area region, as
458well as the appurtenant facilities, including all approaches,
459streets, roads, bridges, and avenues of access authorized by
460this part, the bonds to mature not exceeding 40 years after the
461date of the issuance thereof, and to secure the payment of such
462bonds or any part thereof by a pledge of any or all of its
463revenues, rates, fees, rentals, or other charges.
464     (h)  To adopt bylaws for the regulation of the affairs and
465the conduct of the business of the authority. The bylaws shall
466provide for quorum and voting requirements, maintenance of
467minutes and other official records, and preparation and adoption
468of an annual budget.
469     (i)  To lease, rent, or contract for the operation or
470management of any part of a transportation system facility built
471by the authority. In awarding any contract, the authority shall
472consider, 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
479ability to interface with other transportation modes and
480facilities.
481     (j)  To enforce collection of rates, fees, tolls, and
482charges and to establish and enforce fines and penalties for
483violations of any rules.
484     (k)  To advertise, market, and promote regional transit
485services and facilities, freight mobility plans and projects,
486and the general activities of the authority.
487     (l)  To cooperate with other governmental entities and to
488contract with other governmental agencies, including the Federal
489Government, the department, counties, transit authorities or
490agencies, municipalities, and expressway and bridge authorities.
491     (m)  To enter into joint development agreements,
492partnerships, and other agreements with public and private
493entities respecting ownership and revenue participation in order
494to facilitate financing and constructing any project or portions
495thereof.
496     (n)  To accept grants and other funds from other
497governmental sources and to accept private donations. However,
498the authority shall not be directly eligible for Transportation
499Regional Incentive Program funds allocated pursuant to s.
500339.2819, except through interlocal agreement with an eligible
501recipient.
502     (o)  To purchase directly from local, national, or
503international insurance companies liability insurance that the
504authority is contractually and legally obligated to provide,
505notwithstanding the requirements of s. 287.022(1).
506     (p)  To enter into and make lease-purchase agreements with
507the department for terms not exceeding 40 years or until any
508bonds secured by a pledge of rentals thereunder, and any
509refundings thereof, are fully paid as to both principal and
510interest, whichever is longer.
511     (q)  To make contracts of every name and nature, including,
512but not limited to, partnerships providing for participation in
513ownership and revenues, and to execute all instruments necessary
514or convenient for the carrying on of its business.
515     (r)  To do all acts and things necessary or convenient for
516the conduct of its business and the general welfare of the
517authority in order to carry out the powers granted to it by this
518part or any other law.
519     (6)  The authority shall institute procedures to ensure
520that jobs created as a result of state funding pursuant to this
521section shall be subject to equal opportunity hiring practices
522as provided for in s. 110.112.
523     (7)  The authority shall comply with all statutory
524requirements of general application which relate to the filing
525of any report or documentation required by law, including the
526requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
527     (8)  The authority does not have power at any time or in
528any manner to pledge the credit or taxing power of the state or
529any political subdivision or agency thereof, nor shall any of
530the authority's obligations be deemed to be obligations of the
531state or of any political subdivision or agency thereof, nor
532shall the state or any political subdivision or agency thereof,
533except the authority, be liable for the payment of the principal
534of or interest on such obligations.
535     343.94  Bond financing authority.--
536     (1)  Pursuant to s. 11(f), Art. VII of the State
537Constitution, the Legislature approves bond financing by the
538Tampa Bay Area Regional Transportation Authority for
539construction of or improvements to commuter rail systems,
540transit systems, ferry systems, highways, bridges, toll
541collection facilities, interchanges to the system, and any other
542transportation facility appurtenant, necessary, or incidental to
543the system. Subject to terms and conditions of applicable
544revenue bond resolutions and covenants, such costs may be
545financed in whole or in part by revenue bonds issued pursuant to
546paragraph (2)(a) or paragraph (2)(b), whether currently issued
547or issued in the future or by a combination of such bonds.
548     (2)(a)  Bonds may be issued on behalf of the authority
549pursuant to the State Bond Act.
550     (b)  Alternatively, the authority may issue its own bonds
551pursuant to this part at such times and in such principal amount
552as, in the opinion of the authority, is necessary to provide
553sufficient moneys for achieving its purposes; however, such
554bonds may not pledge the full faith and credit of the state.
555Bonds issued by the authority pursuant to this paragraph or
556paragraph (a), whether on original issuance or on refunding,
557shall be authorized by resolution of the members thereof, may be
558either term or serial bonds, and shall bear such date or dates,
559mature at such time or times, not exceeding 40 years after their
560respective dates, bear interest at such rate or rates, be
561payable semiannually, be in such denominations, be in such form,
562either coupon or fully registered, carry such registration,
563exchangeability, and interchangeability privileges, be payable
564in such medium of payment and at such place or places, be
565subject to such terms of redemption, and be entitled to such
566priorities on the revenues, rates, fees, rentals, or other
567charges or receipts of the authority, including revenues from
568lease-purchase agreements, as such resolution or any resolution
569subsequent thereto may provide. The bonds shall be executed
570either by manual or facsimile signature by such officers as the
571authority shall determine; however, such bonds shall bear at
572least one signature that is manually executed thereon, and the
573coupons attached to such bonds shall bear the facsimile
574signature or signatures of such officer or officers as shall be
575designated by the authority and have the seal of the authority
576affixed, imprinted, reproduced, or lithographed thereon, all as
577may 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
580State Bond Act. However, if the authority, by official action at
581a public meeting, determines that a negotiated sale of such
582bonds is in the best interest of the authority, the authority
583may negotiate the sale of such bonds with the underwriter
584designated by the authority and the Division of Bond Finance
585within the State Board of Administration with respect to bonds
586issued pursuant to paragraph (a) or solely by the authority with
587respect to bonds issued pursuant to paragraph (b). The
588authority's determination to negotiate the sale of such bonds
589may be based, in part, upon the written advice of the
590authority's financial adviser. Pending the preparation of
591definitive bonds, interim certificates may be issued to the
592purchaser or purchasers of such bonds and may contain such terms
593and 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
596the bonds being refunded were issued by the authority pursuant
597to this chapter or on behalf of the authority pursuant to the
598State Bond Act.
599     (3)  Any such resolution or resolutions authorizing any
600bonds hereunder may contain provisions that are part of the
601contract with the holders of such bonds, as to:
602     (a)  The pledging of all or any part of the revenues,
603fares, rates, fees, rentals, or other charges or receipts of the
604authority, derived by the authority.
605     (b)  The completion, improvement, operation, extension,
606maintenance, repair, or lease of, or lease-purchase agreement
607relating to, the system and the duties of the authority and
608others, including the department, with reference thereto.
609     (c)  Limitations on the purposes to which the proceeds of
610the bonds, then or thereafter to be issued, or of any loan or
611grant by the United States or the state may be applied.
612     (d)  The fixing, charging, establishing, and collecting of
613rates, fees, rentals, or other charges for use of the services
614and facilities constructed by the authority.
615     (e)  The setting aside of reserves or sinking funds or
616repair and replacement funds and the regulation and disposition
617thereof.
618     (f)  Limitations on the issuance of additional bonds.
619     (g)  The terms and provisions of any lease-purchase
620agreement, deed of trust, or indenture securing the bonds or
621under which the same may be issued.
622     (h)  Any other or additional agreements with the holders of
623the bonds which the authority may deem desirable and proper.
624     (4)  The authority may employ fiscal agents as provided by
625this part or the State Board of Administration may, upon request
626of the authority, act as fiscal agent for the authority in the
627issuance of any bonds that are issued pursuant to this part, and
628the State Board of Administration may, upon request of the
629authority, take over the management, control, administration,
630custody, and payment of any or all debt services or funds or
631assets now or hereafter available for any bonds issued pursuant
632to this part. The authority may enter into any deeds of trust,
633indentures, or other agreements with its fiscal agent, or with
634any bank or trust company within or without the state, as
635security for such bonds and may, under such agreements, sign and
636pledge all or any of the revenues, rates, fees, rentals, or
637other charges or receipts of the authority. Such deed of trust,
638indenture, or other agreement may contain such provisions as are
639customary in such instruments or as the authority authorizes,
640including, but without limitation, provisions as to:
641     (a)  The completion, improvement, operation, extension,
642maintenance, repair, and lease of, or lease-purchase agreement
643relating to, highway, bridge, and related transportation
644facilities and appurtenances and the duties of the authority and
645others, including the department, with reference thereto.
646     (b)  The application of funds and the safeguarding of funds
647on hand or on deposit.
648     (c)  The rights and remedies of the trustee and the holders
649of the bonds.
650     (d)  The terms and provisions of the bonds or the
651resolutions authorizing the issuance of the bonds.
652     (5)  Any of the bonds issued pursuant to this part are, and
653are hereby declared to be, negotiable instruments and have all
654the qualities and incidents of negotiable instruments under the
655law merchant and the negotiable instruments law of the state.
656     (6)  Notwithstanding any of the provisions of this part,
657each project, building, or facility that has been financed by
658the issuance of bonds or other evidence of indebtedness under
659this part and any refinancing thereof are hereby approved as
660provided for in s. 11(f), Art. VII of the State Constitution.
661     343.941  Bonds not debts or pledges of faith and credit of
662state.--Revenue bonds issued under the provisions of this part
663are not debts of the state or pledges of the faith and credit of
664the state. Such bonds are payable exclusively from revenues
665pledged for their payment. Each such bond shall contain a
666statement on its face that the state is not obligated to pay the
667same or the interest thereon, except from the revenues pledged
668for its payment, and that the faith and credit of the state is
669not pledged to the payment of the principal or interest of such
670bond. The issuance of revenue bonds under the provisions of this
671part does not directly, indirectly, or contingently obligate the
672state to levy or to pledge any form of taxation whatsoever, or
673to make any appropriation for their payment. No state funds
674shall be used to pay the principal or interest of any bonds
675issued to finance or refinance any portion of the authority's
676transportation projects, and each such bond shall contain a
677statement on its face to this effect.
678     343.943  Covenant of the state.--The state does hereby
679pledge to, and agrees with, any person, firm, or corporation or
680federal or state agency subscribing to or acquiring the bonds to
681be issued by the authority for the purposes of this part that
682the state will not limit or alter the rights hereby vested in
683the authority and the department until all bonds at any time
684issued, together with the interest thereon, are fully paid and
685discharged insofar as the same affects the rights of the holders
686of bonds issued hereunder. The state does further pledge to, and
687agree with, the United States that, if any federal agency
688constructs or contributes any funds for the completion,
689extension, or improvement of the system or any part or portion
690thereof, the state will not alter or limit the rights and powers
691of the authority and the department in any manner that would be
692inconsistent with the continued maintenance and operation of the
693system or the completion, extension, or improvement thereof or
694that would be inconsistent with the due performance of any
695agreements between the authority and any such federal agency.
696The authority and the department shall continue to have and may
697exercise all powers herein granted so long as necessary or
698desirable for the carrying out of the purposes of this part and
699the purposes of the United States in the completion, extension,
700or 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
703upon or granted to the bondholders are in addition to and not in
704limitation of any rights and remedies lawfully granted to such
705bondholders by the resolution or resolutions providing for the
706issuance of bonds or by a lease-purchase agreement, deed of
707trust, indenture, or other agreement under which the bonds may
708be issued or secured. If the authority defaults in the payment
709of the principal of or interest on any of the bonds issued
710pursuant to the provisions of this part after such principal of
711or interest on the bonds becomes due, whether at maturity or
712upon call for redemption, or the department defaults in any
713payments under, or covenants made in, any lease-purchase
714agreement between the authority and the department, and such
715default continues for a period of 30 days, or if the authority
716or the department fails or refuses to comply with the provisions
717of this part or any agreement made with, or for the benefit of,
718the holders of the bonds, the holders of 25 percent in aggregate
719principal amount of the bonds then outstanding may appoint a
720trustee to represent such bondholders for the purposes hereof,
721if such holders of 25 percent in aggregate principal amount of
722the bonds then outstanding shall first give notice of their
723intention to appoint a trustee to the authority and to the
724department. Such notice shall be deemed to have been given if
725given in writing, deposited in a securely sealed postpaid
726wrapper, mailed at a regularly maintained United States post
727office box or station, and addressed, respectively, to the chair
728of the authority and to the secretary of the department at the
729principal office of the department.
730     (2)  Such trustee and any trustee under any deed of trust,
731indenture, or other agreement may and, upon written request of
732the holders of 25 percent or such other percentages as are
733specified in any deed of trust, indenture, or other agreement
734aforesaid in principal amount of the bonds then outstanding,
735shall, in any court of competent jurisdiction, in his, her, or
736its own name:
737     (a)  By mandamus or other suit, action, or proceeding at
738law or in equity, enforce all rights of the bondholders,
739including the right to require the authority to fix, establish,
740maintain, collect, and charge rates, fees, rentals, and other
741charges adequate to carry out any agreement as to or pledge of
742the revenues or receipts of the authority, to carry out any
743other covenants and agreements with or for the benefit of the
744bondholders, and to perform its and their duties under this
745part.
746     (b)  By mandamus or other suit, action, or proceeding at
747law or in equity, enforce all rights of the bondholders under or
748pursuant to any lease-purchase agreement between the authority
749and the department, including the right to require the
750department to make all rental payments required to be made by it
751under the provisions of any such lease-purchase agreement and to
752require the department to carry out any other covenants and
753agreements with or for the benefit of the bondholders and to
754perform 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
757the department to account as if it were the trustee of an
758express trust for the bondholders.
759     (e)  By action or suit in equity, enjoin any acts or things
760that may be unlawful or in violation of the rights of the
761bondholders.
762     (3)  Any trustee, when appointed as aforesaid or acting
763under a deed of trust, indenture, or other agreement, and
764regardless of whether all bonds have been declared due and
765payable, may appoint a receiver who may enter upon and take
766possession of the system or the facilities or any part or parts
767thereof, the rates, fees, rentals, or other revenues, charges,
768or receipts from which are or may be applicable to the payment
769of the bonds so in default, and, subject to and in compliance
770with the provisions of any lease-purchase agreement between the
771authority and the department, operate and maintain the same for
772and on behalf of and in the name of the authority, the
773department, and the bondholders, and collect and receive all
774rates, fees, rentals, and other charges or receipts or revenues
775arising therefrom in the same manner as the authority or the
776department might do, and shall deposit all such moneys in a
777separate account and apply such moneys in such manner as the
778court shall direct. In any suit, action, or proceeding by the
779trustee, the fees, counsel fees, and expenses of the trustee and
780the receiver, if any, and all costs and disbursements allowed by
781the court shall be a first charge on any rates, fees, rentals,
782or other charges, revenues, or receipts derived from the system
783or the facilities or services or any part or parts thereof,
784including payments under any such lease-purchase agreement as
785aforesaid, which rates, fees, rentals, or other charges,
786revenues, or receipts may be applicable to the payment of the
787bonds so in default. Such trustee, in addition to the foregoing,
788possesses all of the powers necessary for the exercise of any
789functions specifically set forth herein or incident to the
790representation of the bondholders in the enforcement and
791protection of their rights.
792     (4)  This section or any other section of this part does
793not authorize any receiver appointed pursuant hereto for the
794purpose, subject to and in compliance with the provisions of any
795lease-purchase agreement between the authority and the
796department, of operating and maintaining the system or any
797facilities or part or parts thereof to sell, assign, mortgage,
798or otherwise dispose of any of the assets of whatever kind and
799character belonging to the authority. It is the intention of
800this part to limit the powers of such receiver, subject to and
801in compliance with the provisions of any lease-purchase
802agreement between the authority and the department, to the
803operation and maintenance of the system or any facility or part
804or parts thereof, as the court may direct, in the name of and
805for and on behalf of the authority, the department, and the
806bondholders. In any suit, action, or proceeding at law or in
807equity, a holder of bonds on the authority, a trustee, or any
808court may not compel or direct a receiver to sell, assign,
809mortgage, or otherwise dispose of any assets of whatever kind or
810character belonging to the authority. A receiver also may not be
811authorized to sell, assign, mortgage, or otherwise dispose of
812any assets of whatever kind or character belonging to the
813authority in any suit, action, or proceeding at law or in
814equity.
815     343.945  Pledges enforceable by bondholders.--It is the
816express intention of this part that any pledge to the authority
817by the department of rates, fees, revenues, or other funds as
818rentals, or any covenants or agreements relative thereto, is
819enforceable in any court of competent jurisdiction against the
820authority or directly against the department by any holder of
821bonds issued by the authority.
822     343.946  Lease-purchase agreement.--
823     (1)  In order to effectuate the purposes of this part and
824as authorized by this part, the authority may enter into a
825lease-purchase agreement with the department relating to and
826covering authority projects within the seven-county Bay Area
827region.
828     (2)  Such lease-purchase agreement shall provide for the
829leasing of the system by the authority, as lessor, to the
830department, as lessee, shall prescribe the term of such lease
831and the rentals to be paid thereunder, and shall provide that,
832upon the completion of the faithful performance thereunder and
833the termination of such lease-purchase agreement, title in fee
834simple absolute to the system as then constituted shall be
835transferred in accordance with law by the authority to the state
836and the authority shall deliver to the department such deeds and
837conveyances as shall be necessary or convenient to vest title in
838fee simple absolute in the state.
839     (3)  Such lease-purchase agreement may include such other
840provisions, agreements, and covenants as the authority and the
841department deem advisable or required, including, but not
842limited to, provisions as to the bonds to be issued for the
843purposes of this part, the completion, extension, improvement,
844operation, and maintenance of the system and the expenses and
845the cost of operation of the authority, the charging and
846collection of tolls, rates, fees, and other charges for the use
847of the services and facilities thereof, and the application of
848federal or state grants or aid which may be made or given to
849assist the authority in the completion, extension, improvement,
850operation, and maintenance of the system.
851     (4)  The department as lessee under such lease-purchase
852agreement may pay as rentals thereunder any rates, fees,
853charges, funds, moneys, receipts, or income accruing to the
854department from the operation of the system and may also pay as
855rentals any appropriations received by the department pursuant
856to any act of the Legislature heretofore or hereafter enacted;
857however, nothing in this section or in such lease-purchase
858agreement is intended to require, nor shall this part or such
859lease-purchase agreement require, the making or continuance of
860such appropriations, nor shall any holder of bonds issued
861pursuant to this part ever have any right to compel the making
862or continuance of such appropriations.
863     (5)  The department shall have power to covenant in any
864lease-purchase agreement that it will pay all or any part of the
865cost of the operation, maintenance, repair, renewal, and
866replacement of facilities, and any part of the cost of
867completing facilities to the extent that the proceeds of bonds
868issued are insufficient, from sources other than the revenues
869derived from the operation of the system.
870     343.947  Department may be appointed agent of authority for
871construction.--The department may be appointed by the authority
872as its agent for the purpose of constructing and completing
873transportation projects, and improvements and extensions
874thereto, in the authority's master plan. In such event, the
875authority shall provide the department with complete copies of
876all documents, agreements, resolutions, contracts, and
877instruments relating thereto; shall request the department to do
878such construction work, including the planning, surveying, and
879actual construction of the completion, extensions, and
880improvements to the system; and shall transfer to the credit of
881an account of the department in the treasury of the state the
882necessary funds therefor. The department shall proceed with such
883construction and use the funds for such purpose in the same
884manner that it is now authorized to use the funds otherwise
885provided by law for its use in construction of commuter rail
886systems, transit systems, ferry systems, roads, bridges, and
887related transportation facilities.
888     343.95  Acquisition of lands and property.--
889     (1)  For the purposes of this part, the authority may
890acquire private or public property and property rights,
891including rights of access, air, view, and light, by gift,
892devise, purchase, or condemnation by eminent domain proceedings,
893as the authority may deem necessary for any purpose of this
894part, including, but not limited to, any lands reasonably
895necessary for securing applicable permits, areas necessary for
896management of access, borrow pits, drainage ditches, water
897retention areas, rest areas, replacement access for landowners
898whose access is impaired due to the construction of a facility,
899and replacement rights-of-way for relocated rail and utility
900facilities; for existing, proposed, or anticipated
901transportation facilities within the seven-county Bay Area
902region identified by the authority; or for the purposes of
903screening, relocation, removal, or disposal of junkyards and
904scrap metal processing facilities. The authority may condemn any
905material and property necessary for such purposes.
906     (2)  The right of eminent domain herein conferred shall be
907exercised by the authority in the manner provided by law.
908     (3)  When the authority acquires property for a
909transportation facility within the seven-county Bay Area region,
910the authority is not subject to any liability imposed by chapter
911376 or chapter 403 for preexisting soil or groundwater
912contamination due solely to its ownership. This subsection does
913not affect the rights or liabilities of any past or future
914owners of the acquired property, nor does it affect the
915liability of any governmental entity for the results of its
916actions which create or exacerbate a pollution source. The
917authority and the Department of Environmental Protection may
918enter into interagency agreements for the performance, funding,
919and reimbursement of the investigative and remedial acts
920necessary for property acquired by the authority.
921     343.96  Cooperation with other units, boards, agencies, and
922individuals.--Express authority and power is hereby given and
923granted to any county, municipality, drainage district, road and
924bridge district, school district, or any other political
925subdivision, board, commission, or individual in or of the state
926to make and enter into contracts, leases, conveyances,
927partnerships, or other agreements with the authority within the
928provisions and purposes of this part. The authority may make and
929enter into contracts, leases, conveyances, partnerships, and
930other agreements with any political subdivision, agency, or
931instrumentality of the state and any and all federal agencies,
932corporations, and individuals for the purpose of carrying out
933the provisions of this part.
934     343.962  Public-private partnerships.--
935     (1)  The authority may receive or solicit proposals and
936enter into agreements with private entities or consortia thereof
937for the building, operation, ownership, or financing of
938multimodal transportation systems, transit-oriented development
939nodes, transit stations, or related facilities within the
940jurisdiction of the authority. Before approval, the authority
941must 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
944project is on or provides increased mobility on the State
945Highway System.
946     (c)  Would have adequate safeguards to ensure that
947additional costs or unreasonable service disruptions would not
948be realized by the traveling public and citizens of the state in
949the event of default or the cancellation of the agreement by the
950authority.
951     (2)  The authority shall ensure that all reasonable costs
952to the state related to transportation facilities that are not
953part of the State Highway System are borne by the private entity
954or any partnership created to develop the facilities. The
955authority shall also ensure that all reasonable costs to the
956state and substantially affected local governments and utilities
957related to the private transportation facility are borne by the
958private entity for transportation facilities that are owned by
959private entities. For projects on the State Highway System or
960that provide increased mobility on the State Highway System, the
961department may use state resources to participate in funding and
962financing the project as provided for under the department's
963enabling legislation.
964     (3)  The authority may request proposals and receive
965unsolicited proposals for public-private multimodal
966transportation projects, and, upon receipt of any unsolicited
967proposal or determination to issue a request for proposals, the
968authority must publish a notice in the Florida Administrative
969Weekly and a newspaper of general circulation in the county in
970which the proposed project is located at least once a week for 2
971weeks requesting proposals or, if an unsolicited proposal was
972received, stating that it has received the proposal and will
973accept, for 60 days after the initial date of publication, other
974proposals for the same project purpose. A copy of the notice
975must be mailed to each local government in the affected areas.
976After the public notification period has expired, the authority
977shall rank the proposals in order of preference. In ranking the
978proposals, the authority shall consider professional
979qualifications, general business terms, innovative engineering
980or cost-reduction terms, finance plans, and the need for state
981funds to deliver the proposal. If the authority is not satisfied
982with the results of the negotiations, it may, at its sole
983discretion, terminate negotiations with the proposer. If these
984negotiations are unsuccessful, the authority may go to the
985second and lower ranked firms, in order, using the same
986procedure. If only one proposal is received, the authority may
987negotiate in good faith and, if it is not satisfied with the
988results, it may, at its sole discretion, terminate negotiations
989with the proposer. Notwithstanding this subsection, the
990authority may, at its discretion, reject all proposals at any
991point in the process up to completion of a contract with the
992proposer.
993     (4)  Agreements entered into pursuant to this section may
994authorize the public-private entity to impose tolls or fares for
995the use of the facility. However, the amount and use of toll or
996fare revenues shall be regulated by the authority to avoid
997unreasonable costs to users of the facility.
998     (5)  Each public-private transportation facility
999constructed pursuant to this section shall comply with all
1000requirements of federal, state, and local laws; state, regional,
1001and local comprehensive plans; the authority's rules, policies,
1002procedures, and standards for transportation facilities; and any
1003other conditions that the authority determines to be in the
1004public's best interest.
1005     (6)  The authority may exercise any of its powers,
1006including eminent domain, to facilitate the development and
1007construction of multimodal transportation projects pursuant to
1008this section. The authority may pay all or part of the cost of
1009operating and maintaining the facility or may provide services
1010to the private entity, for which services it shall receive full
1011or partial reimbursement.
1012     (7)  Except as provided in this section, this section is
1013not intended to amend existing law by granting additional powers
1014to or imposing further restrictions on the governmental entities
1015with regard to regulating and entering into cooperative
1016arrangements with the private sector for the planning,
1017construction, and operation of transportation facilities.
1018     (8)  The authority may adopt rules pursuant to ss.
1019120.536(1) and 120.54 to implement this section and shall, by
1020rule, establish an application fee for the submission of
1021unsolicited proposals under this section. The fee must be
1022sufficient to pay the costs of evaluating the proposals.
1023     343.97  Exemption from taxation.--The effectuation of the
1024authorized purposes of the authority created under this part is
1025for the benefit of the people of this state, for the increase of
1026their commerce and prosperity, and for the improvement of their
1027health and living conditions and, because the authority performs
1028essential governmental functions in effectuating such purposes,
1029the authority is not required to pay any taxes or assessments of
1030any kind or nature whatsoever upon any property acquired or used
1031by it for such purposes, or upon any rates, fees, rentals,
1032receipts, income, or charges at any time received by it. The
1033bonds issued by the authority, their transfer, and the income
1034therefrom, including any profits made on the sale thereof, shall
1035at all times be free from taxation of any kind by the state or
1036by any political subdivision, taxing agency, or instrumentality
1037thereof. The exemption granted by this section does not apply to
1038any tax imposed by chapter 220 on interest, income, or profits
1039on debt obligations owned by corporations.
1040     343.973  Eligibility for investments and security.--Any
1041bonds or other obligations issued pursuant to this part shall be
1042and constitute legal investments for banks, savings banks,
1043trustees, executors, administrators, and all other fiduciaries
1044and for all state, municipal, and other public funds and shall
1045also be and constitute securities eligible for deposit as
1046security for all state, municipal, or other public funds,
1047notwithstanding 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
1050the existing powers of the board and the department. This part
1051does not repeal any of the provisions of any other law, general,
1052special, or local, but supplements such other laws in the
1053exercise of the powers provided in this part and provides a
1054complete method for the exercise of the powers granted in this
1055part. The projects planned and constructed by the Tampa Bay Area
1056Regional Transportation Authority shall comply with all
1057applicable federal, state, and local laws. The extension and
1058improvement of the system, and the issuance of bonds hereunder
1059to finance all or part of the cost thereof, may be accomplished
1060upon compliance with the provisions of this part without regard
1061to or necessity for compliance with the provisions, limitations,
1062or restrictions contained in any other general, special, or
1063local law, including, but not limited to, s. 215.821. An
1064approval of any bonds issued under this part by the qualified
1065electors or qualified electors who are freeholders in the state
1066or in any other political subdivision of the state is not
1067required for the issuance of such bonds pursuant to this part.
1068     (2)  This part does not repeal, rescind, or modify any
1069other law relating to the State Board of Administration, the
1070Department of Transportation, the Tampa-Hillsborough County
1071Expressway Authority, or the Division of Bond Finance within the
1072State Board of Administration; however, this part supersedes
1073such other laws as are inconsistent with its provisions,
1074including, but not limited to, s. 215.821.
1075     (3)  This part does not preclude the department from
1076acquiring, holding, constructing, improving, maintaining,
1077operating, or owning tolled or nontolled facilities funded and
1078constructed from nonauthority sources that are part of the State
1079Highway System within the geographical boundaries of the Tampa
1080Bay Area Regional Transportation Authority.
1081     Section 2.  Nothing in this act shall prohibit any member
1082local government from participating in or creating any other
1083transit authority, regional transportation authority, or
1084expressway authority.
1085     Section 3.  This act shall take effect July 1, 2007.


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