Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 506
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CHAMBER ACTION
Senate House
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11 The Committee on Transportation (Webster) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Part V of chapter 343, Florida Statutes,
19 consisting of sections 343.90, 343.91, 343.92, 343.922,
20 343.94, 343.941, 343.943, 343.944, 343.945, 343.946, 343.947,
21 343.95, 343.96, 343.962, 343.97, 343.973, and 343.975, is
22 created to read:
23 343.90 Short title.--This part may be cited as the
24 "Tampa Bay Regional Transportation Authority Act."
25 343.91 Definitions.--
26 (1) As used in this part, the term:
27 (a) "Authority" means the Tampa Bay Regional
28 Transportation Authority, the body politic and corporate and
29 agency of the state created by this part, covering the
30 seven-county area comprised of Citrus, Hernando, Hillsborough,
31 Pasco, Pinellas, Manatee, and Sarasota Counties.
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1 (b) "Board" means the governing body of the authority.
2 (c) "Bonds" means the notes, bonds, refunding bonds,
3 or other evidences of indebtedness or obligations, in either
4 temporary or definitive form, which the authority is
5 authorized to issue under this part.
6 (d)1. "Bus rapid transit" means a type of limited-stop
7 bus service that relies on technology to help expedite service
8 through priority for transit, rapid and convenient fare
9 collection, and integration with land use to substantially
10 upgrade performance of buses operating on exclusive,
11 high-occupancy-vehicle lanes, expressways, or ordinary
12 streets.
13 2. "Express bus" means a type of bus service designed
14 to expedite longer trips, especially in major metropolitan
15 areas during heavily patronized peak commuting hours, by
16 operating over long distances without stopping on freeways or
17 partially controlled access roadway facilities.
18 (e)1. "Commuter rail" means a complete system of
19 tracks, guideways, stations, and rolling stock necessary to
20 effectuate medium-distance to long-distance passenger rail
21 service to, from, or within the municipalities within the
22 authority's designated seven-county region.
23 2. "Heavy rail transit" means a complete rail system
24 operating on an electric railway with the capacity for a heavy
25 volume of traffic, characterized by high-speed and
26 rapid-acceleration passenger rail cars operating singly or in
27 multicar trains on fixed rails in separate rights-of-way from
28 which all other vehicular and pedestrian traffic are excluded.
29 "Heavy rail transit" includes metro, subway, elevated, rapid
30 transit, and rapid rail systems.
31 3. "Light rail transit" means a complete system of
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1 tracks, overhead catenaries, stations, and platforms with
2 lightweight passenger rail cars operating singly or in short,
3 multicar trains on fixed rails in rights-of-way that are not
4 separated from other traffic for much of the way.
5 (f) "Consultation" means that one party confers with
6 another identified party in accordance with an established
7 process and, prior to taking action, considers that party's
8 views and periodically informs that party about actions taken.
9 (g) "Coordination" means the comparison of the
10 transportation plans, programs, and schedules of one agency
11 with related plans, programs, and schedules of other agencies
12 or entities with legal standing and adjustment of plans,
13 programs, and schedules to achieve general consistency to the
14 extent practicable.
15 (h) "Department" means the Florida Department of
16 Transportation.
17 (i) "Lease-purchase agreement" means a lease-purchase
18 agreement that the authority is authorized under this part to
19 enter into with the department.
20 (j) "Limited access expressway" or "expressway" means
21 a street or highway especially designed for through traffic
22 and over, from, or to which a person does not have the right
23 of easement, use, or access except in accordance with the
24 rules adopted and established by the authority for the use of
25 such facility.
26 (k) "Members" means the individuals constituting the
27 governing body of the authority.
28 (l) "Multimodal transportation system" means a
29 well-connected network of transportation modes reflecting a
30 high level of accessibility between modes and proximity to
31 supportive land use patterns.
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1 (m) "Park-and-ride lot" means a transit station stop
2 or a carpool or vanpool waiting area to which patrons may
3 drive private vehicles for parking before gaining access to
4 transit, commuter rail, or heavy rail systems or taking
5 carpool or vanpool vehicles to their destinations.
6 (n) "State Board of Administration" means the body
7 corporate existing under the provisions of s. 9, Art. XII of
8 the State Constitution, or any successor thereto.
9 (o) "Transit-oriented development" means a mixed-use
10 residential or commercial area designed to maximize access to
11 public transportation and often incorporates features to
12 encourage transit ridership. A transit-oriented development
13 neighborhood typically has a center with a train station, tram
14 stop, or bus station surrounded by relatively high-density
15 development with progressively lower-density development
16 spreading outward from the center, typically within 1/2 mile
17 of the stop or station.
18 (p) "Transit station" means a public transportation
19 passenger facility that is accessible either at street level
20 or on above-grade platforms and often surrounded by
21 pedestrian-friendly, higher-density development or
22 park-and-ride lots.
23 (2) Terms importing singular number include the plural
24 number in each case and vice versa, and terms importing
25 persons include firms and corporations.
26 343.92 Tampa Bay Regional Transportation Authority.--
27 (1) There is created and established a body politic
28 and corporate, an agency of the state, to be known as the
29 Tampa Bay Regional Transportation Authority.
30 (2) The governing board of the authority shall consist
31 of 17 members.
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1 (a) There shall be two nonvoting, ex officio members
2 of the board who shall be appointed by the secretary of the
3 department but must be the district secretary, or his or her
4 designee, for each department district within the seven-county
5 area of the authority.
6 (b) There shall be 15 voting members of the board as
7 follows:
8 1. The county commissions of Citrus, Hernando,
9 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
10 shall each appoint one elected official to the board. Members
11 appointed under this subparagraph shall serve 2-year terms
12 with not more than three consecutive terms being served by any
13 person. If a member under this subparagraph leaves elected
14 office, a vacancy exists on the board to be filled as provided
15 in this subparagraph.
16 2. The West Central Florida M.P.O. Chairs Coordinating
17 Committee shall appoint one member to the board who must be a
18 chair of one of the six metropolitan planning organizations in
19 the region. The member appointed under this subparagraph shall
20 serve a 2-year term with not more than three consecutive terms
21 being served by any person.
22 3.a. Two members of the board shall be the mayor, or
23 the mayor's designee, of the largest municipality within the
24 service area of each of the following independent transit
25 agencies or their legislatively created successor agencies:
26 Pinellas Suncoast Transit Authority and Hillsborough Area
27 Regional Transit Authority. The largest municipality is that
28 municipality with the largest population as determined by the
29 most recent United States Decennial Census.
30 b. Should a mayor choose not to serve, his or her
31 designee must be an elected official selected by the mayor
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1 from that largest municipality's city council or city
2 commission. A mayor or his or her designee shall serve a
3 2-year term with not more than three consecutive terms being
4 served by any person.
5 c. A designee's term ends if the mayor leaves office
6 for any reason. If a designee leaves elected office on the
7 city council or commission, a vacancy exists on the board to
8 be filled by the mayor of that municipality as provided in
9 sub-subparagraph a.
10 d. A mayor who has served three consecutive terms on
11 the board must designate an elected official from that largest
12 municipality's city council or city commission to serve on the
13 board for at least one term.
14 4.a. One membership on the board shall rotate every 2
15 years between the mayor, or his or her designee, of the
16 largest municipality within Manatee County and the mayor, or
17 his or her designee, of the largest municipality within
18 Sarasota County. The mayor, or his or her designee, from the
19 largest municipality within Manatee County shall serve the
20 first 2-year term. The largest municipality is that
21 municipality with the largest population as determined by the
22 most recent United States Decennial Census.
23 b. Should a mayor choose not to serve, his or her
24 designee must be an elected official selected by the mayor
25 from that municipality's city council or city commission.
26 5. The Governor shall appoint to the board four
27 business representatives who are not elected officials, two of
28 whom shall represent counties within the federally designated
29 Tampa Bay Transportation Management Area. Members appointed by
30 the Governor shall serve 3-year terms with not more than two
31 consecutive terms being served by any person.
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1 (c) Appointments may be staggered to avoid mass
2 turnover at the end of any 2-year or 4-year period. A vacancy
3 during a term shall be filled by the respective appointing
4 authority within 90 days in the same manner as the original
5 appointment and only for the remainder of the unexpired term.
6 (3) The members of the board shall serve without
7 compensation but shall be entitled to receive from the
8 authority reimbursement for travel expenses and per diem
9 actually incurred in connection with the business of the
10 authority as provided in s. 112.061.
11 (4) Members of the board shall comply with the
12 applicable financial disclosure requirements of ss. 112.3145,
13 112.3148, and 112.3149.
14 (5) The board shall appoint from among its members a
15 chair, a vice chair, and a secretary-treasurer, who shall each
16 serve a term of 1 year and who may be reappointed by the
17 board.
18 (6) The board may establish committees for the
19 following areas:
20 (a) Planning.
21 (b) Policy.
22 (c) Finance.
23 (7) The authority may employ an executive director, an
24 executive secretary, its own legal counsel and legal staff,
25 technical experts, engineers, and such employees, permanent or
26 temporary, as it may require. The authority shall determine
27 the qualifications and fix the compensation of such persons,
28 firms, or corporations and may employ a fiscal agent or
29 agents; however, the authority shall solicit sealed proposals
30 from at least three persons, firms, or corporations for the
31 performance of any services as fiscal agents. The authority
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1 may delegate, as it shall deem necessary, its power to one or
2 more of its agents or employees to carry out the purposes of
3 this part, subject always to the supervision and control of
4 the authority.
5 (8)(a) The authority shall establish a Transit
6 Management Committee comprised of the executive directors or
7 general managers, or their designees, of each of the existing
8 transit providers and Tampa Bay area commuter services.
9 (b) The authority shall establish a Citizens Advisory
10 Committee comprised of appointed citizen committee members
11 from each county and transit provider in the region, not to
12 exceed 16 members.
13 (c) The authority may establish technical advisory
14 committees to provide guidance and advice on regional
15 transportation issues. The authority shall establish the size,
16 composition, and focus of any technical advisory committee
17 created.
18 (d) Persons appointed to a committee shall serve
19 without compensation but may be entitled to per diem or travel
20 expenses as provided in s. 112.061.
21 343.922 Powers and duties.--
22 (1) The express purposes of the authority are to
23 improve mobility and expand multimodal transportation options
24 for passengers and freight throughout the seven-county Tampa
25 Bay region.
26 (2)(a) The authority has the right to plan, develop,
27 finance, construct, own, purchase, operate, maintain,
28 relocate, equip, repair, and manage those public
29 transportation projects, such as express bus services; bus
30 rapid transit services; light rail, commuter rail, heavy rail,
31 or other transit services; ferry services; transit stations;
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1 park-and-ride lots; transit-oriented development nodes; or
2 feeder roads, reliever roads, connector roads, bypasses, or
3 appurtenant facilities, that are intended to address critical
4 transportation needs or concerns in the Tampa Bay region as
5 identified by the authority by July 1, 2009. These projects
6 may also include all necessary approaches, roads, bridges, and
7 avenues of access that are desirable and proper with the
8 concurrence of the department, as applicable, if the project
9 is to be part of the State Highway System.
10 (b) Any transportation facilities constructed by the
11 authority may be tolled. Fare payment methods for public
12 transportation projects shall promote seamless integration
13 between regional and local transit systems. Tolling
14 technologies shall be consistent with the systems used by the
15 Florida Turnpike Enterprise for the purpose of allowing the
16 use of a single transponder or a similar electronic tolling
17 device for all facilities of the authority and the Florida
18 Turnpike Enterprise.
19 (c) The authority shall coordinate and consult with
20 local governments on transit or commuter rail station area
21 plans that provide for compact, mixed-use, transit-oriented
22 development that will support transit investments and provide
23 a variety of workforce housing choices, recognizing the need
24 for housing alternatives for a variety of income ranges.
25 (3)(a) No later than July 1, 2009, the authority shall
26 develop and adopt a regional transportation master plan that
27 provides a vision for a regionally integrated multimodal
28 transportation system. The goals and objectives of the master
29 plan are to identify areas of the Tampa Bay region where
30 multimodal mobility, traffic safety, freight mobility, and
31 efficient emergency evacuation alternatives need to be
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1 improved; identify areas of the region where multimodal
2 transportation systems would be most beneficial to enhance
3 mobility and economic development; develop methods of building
4 partnerships with local governments, existing transit
5 providers, expressway authorities, seaports, airports, and
6 other local, state, and federal entities; develop methods of
7 building partnerships with CSX Corporation and CSX
8 Transportation, Inc., to craft mutually beneficial solutions
9 to achieve the authority's objectives, and with other
10 private-sector business community entities that may further
11 the authority's mission, and engage the public in support of
12 regional multimodal transportation improvements; identify
13 projects that will accomplish these goals and objectives,
14 including, without limitation, the creation of express bus and
15 bus rapid transit services, light rail, commuter rail, and
16 heavy rail transit services, ferry services, freight services,
17 and any other multimodal transportation system projects that
18 address critical transportation needs or concerns, pursuant to
19 subsection (2); and identify the costs of the proposed
20 projects and revenue sources that could be used to pay those
21 costs. The adoption of the master plan by the authority is not
22 a rule subject to the rulemaking procedures of chapter 120.
23 (b) The authority shall consult with the department to
24 further the goals and objectives of the Strategic Regional
25 Transit Needs Assessment completed by the department.
26 (c) After its adoption, the master plan shall be
27 updated every 2 years before July 1.
28 (d) The authority shall present the original master
29 plan and updates to the governing bodies of the counties
30 within the seven-county region, to the West Central Florida
31 M.P.O. Chairs Coordinating Committee, and to the legislative
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1 delegation members representing those counties within 90 days
2 after adoption.
3 (e) The authority shall coordinate plans and projects
4 with the West Central Florida M.P.O. Chairs Coordinating
5 Committee, to the extent practicable, and participate in the
6 regional M.P.O. planning process to ensure regional
7 comprehension of the authority's mission, goals, and
8 objectives.
9 (4) The authority may undertake projects or other
10 improvements in the master plan in phases as particular
11 projects or segments become feasible, as determined by the
12 authority. The authority shall coordinate project planning,
13 development, and implementation with the applicable adopted
14 comprehensive plans of local governments within whose
15 jurisdictions the projects or improvements will be located to
16 define and resolve potential inconsistencies between plans. In
17 carrying out its purposes and powers, the authority may
18 request funding and technical assistance from the department
19 and appropriate federal and local agencies, including, but not
20 limited to, state infrastructure bank loans, advances from the
21 Toll Facilities Revolving Trust Fund, and funding and
22 technical assistance from any other source.
23 (5) The authority is granted and may exercise all
24 powers necessary, appurtenant, convenient, or incidental to
25 the carrying out of the aforesaid purposes, including, but not
26 limited to, the following rights and powers:
27 (a) To sue and be sued, implead and be impleaded, and
28 complain and defend in all courts in its own name.
29 (b) To adopt and use a corporate seal.
30 (c) To have the power of eminent domain, including the
31 procedural powers granted under chapters 73 and 74.
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1 (d) To acquire by donation or otherwise, purchase,
2 hold, construct, maintain, improve, operate, own, lease as a
3 lessee, and use any franchise or property, real, personal, or
4 mixed, tangible or intangible, or any option thereof in its
5 own name or in conjunction with others, or any interest
6 therein, necessary or desirable for carrying out the purposes
7 of the authority.
8 (e) To sell, convey, exchange, lease as a lessor,
9 transfer, or otherwise dispose of any real or personal
10 property, or interest therein, acquired by the authority,
11 including air rights.
12 (f) To fix, alter, establish, and collect rates,
13 fares, fees, rentals, tolls, and other charges for the
14 services and use of any light rail, commuter rail, heavy rail,
15 bus rapid transit, or express bus services, ferry services,
16 highways, feeder roads, bridges, or other transportation
17 facilities owned or operated by the authority. These rates,
18 fares, fees, rentals, tolls, and other charges shall always be
19 sufficient to comply with any covenants made with the holders
20 of any bonds issued pursuant to this part; however, such right
21 and power may be assigned or delegated by the authority to the
22 department.
23 (g) To borrow money and to make and issue negotiable
24 notes, bonds, refunding bonds, and other evidences of
25 indebtedness or obligations, either in temporary or definitive
26 form, hereinafter in this chapter sometimes called "revenue
27 bonds" of the authority, for the purpose of financing all or
28 part of the mobility improvements within the Tampa Bay region,
29 as well as the appurtenant facilities, including all
30 approaches, streets, roads, bridges, and avenues of access
31 authorized by this part, the bonds to mature not exceeding 40
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1 years after the date of the issuance thereof, and to secure
2 the payment of such bonds or any part thereof by a pledge of
3 any or all of its revenues, rates, fees, rentals, or other
4 charges.
5 (h) To adopt bylaws for the regulation of the affairs
6 and the conduct of the business of the authority. The bylaws
7 shall provide for quorum and voting requirements, maintenance
8 of minutes and other official records, and preparation and
9 adoption of an annual budget.
10 (i) To lease, rent, or contract for the operation or
11 management of any part of a transportation system facility
12 built by the authority. In awarding any contract, the
13 authority shall consider, but is not limited to, the
14 following:
15 1. The qualifications of each applicant.
16 2. The level or quality of service.
17 3. The efficiency, cost, and anticipated revenue.
18 4. The construction, operation, and management plan.
19 5. The financial ability to provide reliable service.
20 6. The impact on other transportation modes, including
21 the ability to interface with other transportation modes and
22 facilities.
23 (j) To enforce collection of rates, fees, tolls, and
24 charges and to establish and enforce fines and penalties for
25 violations of any rules.
26 (k) To advertise, market, and promote regional transit
27 services and facilities, freight mobility plans and projects,
28 and the general activities of the authority.
29 (l) To cooperate with other governmental entities and
30 to contract with other governmental agencies, including the
31 Federal Government, the department, counties, transit
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1 authorities or agencies, municipalities, and expressway and
2 bridge authorities.
3 (m) To enter into joint development agreements,
4 partnerships, and other agreements with public and private
5 entities respecting ownership and revenue participation in
6 order to facilitate financing and constructing any project or
7 portions thereof.
8 (n) To accept grants and other funds from other
9 governmental sources and to accept private donations. However,
10 the authority shall not be directly eligible for
11 Transportation Regional Incentive Program funds allocated
12 pursuant to s. 339.2819, except through interlocal agreement
13 with an eligible recipient.
14 (o) To purchase directly from local, national, or
15 international insurance companies liability insurance that the
16 authority is contractually and legally obligated to provide,
17 notwithstanding the requirements of s. 287.022(1).
18 (p) To enter into and make lease-purchase agreements
19 with the department for terms not exceeding 40 years or until
20 any bonds secured by a pledge of rentals thereunder, and any
21 refundings thereof, are fully paid as to both principal and
22 interest, whichever is longer.
23 (q) To make contracts of every name and nature,
24 including, but not limited to, partnerships providing for
25 participation in ownership and revenues, and to execute all
26 instruments necessary or convenient for the carrying on of its
27 business.
28 (r) To do all acts and things necessary or convenient
29 for the conduct of its business and the general welfare of the
30 authority in order to carry out the powers granted to it by
31 this part or any other law.
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1 (6) The authority shall institute procedures to ensure
2 that jobs created as a result of state funding pursuant to
3 this section shall be subject to equal opportunity hiring
4 practices as provided for in s. 110.112.
5 (7) The authority shall comply with all statutory
6 requirements of general application which relate to the filing
7 of any report or documentation required by law, including the
8 requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
9 (8) The authority does not have power at any time or
10 in any manner to pledge the credit or taxing power of the
11 state or any political subdivision or agency thereof, nor
12 shall any of the authority's obligations be deemed to be
13 obligations of the state or of any political subdivision or
14 agency thereof, nor shall the state or any political
15 subdivision or agency thereof, except the authority, be liable
16 for the payment of the principal of or interest on such
17 obligations.
18 343.94 Bond financing authority.--
19 (1) Pursuant to s. 11(f), Art. VII of the State
20 Constitution, the Legislature approves bond financing by the
21 Tampa Bay Regional Transportation Authority for construction
22 of or improvements to commuter rail systems, transit systems,
23 ferry systems, highways, bridges, toll collection facilities,
24 interchanges to the system, and any other transportation
25 facility appurtenant, necessary, or incidental to the system.
26 Subject to terms and conditions of applicable revenue bond
27 resolutions and covenants, such costs may be financed in whole
28 or in part by revenue bonds issued pursuant to paragraph
29 (2)(a) or paragraph (2)(b), whether currently issued or issued
30 in the future or by a combination of such bonds.
31 (2)(a) Bonds may be issued on behalf of the authority
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1 pursuant to the State Bond Act.
2 (b) Alternatively, the authority may issue its own
3 bonds pursuant to this part at such times and in such
4 principal amount as, in the opinion of the authority, is
5 necessary to provide sufficient moneys for achieving its
6 purposes; however, such bonds may not pledge the full faith
7 and credit of the state. Bonds issued by the authority
8 pursuant to this paragraph or paragraph (a), whether on
9 original issuance or on refunding, shall be authorized by
10 resolution of the members thereof, may be either term or
11 serial bonds, and shall bear such date or dates, mature at
12 such time or times, not exceeding 40 years after their
13 respective dates, bear interest at such rate or rates, be
14 payable semiannually, be in such denominations, be in such
15 form, either coupon or fully registered, carry such
16 registration, exchangeability, and interchangeability
17 privileges, be payable in such medium of payment and at such
18 place or places, be subject to such terms of redemption, and
19 be entitled to such priorities on the revenues, rates, fees,
20 rentals, or other charges or receipts of the authority,
21 including revenues from lease-purchase agreements, as such
22 resolution or any resolution subsequent thereto may provide.
23 The bonds shall be executed either by manual or facsimile
24 signature by such officers as the authority shall determine;
25 however, such bonds shall bear at least one signature that is
26 manually executed thereon, and the coupons attached to such
27 bonds shall bear the facsimile signature or signatures of such
28 officer or officers as shall be designated by the authority
29 and have the seal of the authority affixed, imprinted,
30 reproduced, or lithographed thereon, all as may be prescribed
31 in such resolution or resolutions.
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1 (c) Bonds issued pursuant to paragraph (a) or
2 paragraph (b) shall be sold at public sale in the manner
3 provided by the State Bond Act. However, if the authority, by
4 official action at a public meeting, determines that a
5 negotiated sale of such bonds is in the best interest of the
6 authority, the authority may negotiate the sale of such bonds
7 with the underwriter designated by the authority and the
8 Division of Bond Finance within the State Board of
9 Administration with respect to bonds issued pursuant to
10 paragraph (a) or solely by the authority with respect to bonds
11 issued pursuant to paragraph (b). The authority's
12 determination to negotiate the sale of such bonds may be
13 based, in part, upon the written advice of the authority's
14 financial adviser. Pending the preparation of definitive
15 bonds, interim certificates may be issued to the purchaser or
16 purchasers of such bonds and may contain such terms and
17 conditions as the authority may determine.
18 (d) The authority may issue bonds pursuant to
19 paragraph (b) to refund any bonds previously issued regardless
20 of whether the bonds being refunded were issued by the
21 authority pursuant to this chapter or on behalf of the
22 authority pursuant to the State Bond Act.
23 (3) Any such resolution or resolutions authorizing any
24 bonds hereunder may contain provisions that are part of the
25 contract with the holders of such bonds, as to:
26 (a) The pledging of all or any part of the revenues,
27 fares, rates, fees, rentals, or other charges or receipts of
28 the authority, derived by the authority.
29 (b) The completion, improvement, operation, extension,
30 maintenance, repair, or lease of, or lease-purchase agreement
31 relating to, the system and the duties of the authority and
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1 others, including the department, with reference thereto.
2 (c) Limitations on the purposes to which the proceeds
3 of the bonds, then or thereafter to be issued, or of any loan
4 or grant by the United States or the state may be applied.
5 (d) The fixing, charging, establishing, and collecting
6 of rates, fees, rentals, or other charges for use of the
7 services and facilities constructed by the authority.
8 (e) The setting aside of reserves or sinking funds or
9 repair and replacement funds and the regulation and
10 disposition thereof.
11 (f) Limitations on the issuance of additional bonds.
12 (g) The terms and provisions of any lease-purchase
13 agreement, deed of trust, or indenture securing the bonds or
14 under which the same may be issued.
15 (h) Any other or additional agreements with the
16 holders of the bonds which the authority may deem desirable
17 and proper.
18 (4) The authority may employ fiscal agents as provided
19 by this part or the State Board of Administration may, upon
20 request of the authority, act as fiscal agent for the
21 authority in the issuance of any bonds that are issued
22 pursuant to this part, and the State Board of Administration
23 may, upon request of the authority, take over the management,
24 control, administration, custody, and payment of any or all
25 debt services or funds or assets now or hereafter available
26 for any bonds issued pursuant to this part. The authority may
27 enter into any deeds of trust, indentures, or other agreements
28 with its fiscal agent, or with any bank or trust company
29 within or without the state, as security for such bonds and
30 may, under such agreements, sign and pledge all or any of the
31 revenues, rates, fees, rentals, or other charges or receipts
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1 of the authority. Such deed of trust, indenture, or other
2 agreement may contain such provisions as are customary in such
3 instruments or as the authority authorizes, including, but
4 without limitation, provisions as to:
5 (a) The completion, improvement, operation, extension,
6 maintenance, repair, and lease of, or lease-purchase agreement
7 relating to, highway, bridge, and related transportation
8 facilities and appurtenances and the duties of the authority
9 and others, including the department, with reference thereto.
10 (b) The application of funds and the safeguarding of
11 funds on hand or on deposit.
12 (c) The rights and remedies of the trustee and the
13 holders of the bonds.
14 (d) The terms and provisions of the bonds or the
15 resolutions authorizing the issuance of the bonds.
16 (5) Any of the bonds issued pursuant to this part are,
17 and are hereby declared to be, negotiable instruments and have
18 all the qualities and incidents of negotiable instruments
19 under the law merchant and the negotiable instruments law of
20 the state.
21 (6) Notwithstanding any of the provisions of this
22 part, each project, building, or facility that has been
23 financed by the issuance of bonds or other evidence of
24 indebtedness under this part and any refinancing thereof are
25 hereby approved as provided for in s. 11(f), Art. VII of the
26 State Constitution.
27 343.941 Bonds not debts or pledges of faith and credit
28 of state.--Revenue bonds issued under the provisions of this
29 part are not debts of the state or pledges of the faith and
30 credit of the state. Such bonds are payable exclusively from
31 revenues pledged for their payment. Each such bond shall
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1 contain a statement on its face that the state is not
2 obligated to pay the same or the interest thereon, except from
3 the revenues pledged for its payment, and that the faith and
4 credit of the state is not pledged to the payment of the
5 principal or interest of such bond. The issuance of revenue
6 bonds under the provisions of this part does not directly,
7 indirectly, or contingently obligate the state to levy or to
8 pledge any form of taxation whatsoever, or to make any
9 appropriation for their payment. No state funds shall be used
10 to pay the principal or interest of any bonds issued to
11 finance or refinance any portion of the authority's
12 transportation projects, and each such bond shall contain a
13 statement on its face to this effect.
14 343.943 Covenant of the state.--The state does hereby
15 pledge to, and agrees with, any person, firm, or corporation
16 or federal or state agency subscribing to or acquiring the
17 bonds to be issued by the authority for the purposes of this
18 part that the state will not limit or alter the rights hereby
19 vested in the authority and the department until all bonds at
20 any time issued, together with the interest thereon, are fully
21 paid and discharged insofar as the same affects the rights of
22 the holders of bonds issued hereunder. The state does further
23 pledge to, and agree with, the United States that, if any
24 federal agency constructs or contributes any funds for the
25 completion, extension, or improvement of the system or any
26 part or portion thereof, the state will not alter or limit the
27 rights and powers of the authority and the department in any
28 manner which would be inconsistent with the continued
29 maintenance and operation of the system or the completion,
30 extension, or improvement thereof or which would be
31 inconsistent with the due performance of any agreements
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1 between the authority and any such federal agency. The
2 authority and the department shall continue to have and may
3 exercise all powers herein granted so long as necessary or
4 desirable for the carrying out of the purposes of this part
5 and the purposes of the United States in the completion,
6 extension, or improvement of the system or any part or portion
7 thereof.
8 343.944 Remedies of the bondholders.--
9 (1) The rights and the remedies in this section
10 conferred upon or granted to the bondholders are in addition
11 to and not in limitation of any rights and remedies lawfully
12 granted to such bondholders by the resolution or resolutions
13 providing for the issuance of bonds or by a lease-purchase
14 agreement, deed of trust, indenture, or other agreement under
15 which the bonds may be issued or secured. If the authority
16 defaults in the payment of the principal of or interest on any
17 of the bonds issued pursuant to the provisions of this part
18 after such principal of or interest on the bonds becomes due,
19 whether at maturity or upon call for redemption, or the
20 department defaults in any payments under, or covenants made
21 in, any lease-purchase agreement between the authority and the
22 department, and such default continues for a period of 30
23 days, or if the authority or the department fails or refuses
24 to comply with the provisions of this part or any agreement
25 made with, or for the benefit of, the holders of the bonds,
26 the holders of 25 percent in aggregate principal amount of the
27 bonds then outstanding may appoint a trustee to represent such
28 bondholders for the purposes hereof, if such holders of 25
29 percent in aggregate principal amount of the bonds then
30 outstanding shall first give notice of their intention to
31 appoint a trustee to the authority and to the department. Such
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1 notice shall be deemed to have been given if given in writing,
2 deposited in a securely sealed postpaid wrapper, mailed at a
3 regularly maintained United States post office box or station,
4 and addressed, respectively, to the chair of the authority and
5 to the secretary of the department at the principal office of
6 the department.
7 (2) Such trustee and any trustee under any deed of
8 trust, indenture, or other agreement may and, upon written
9 request of the holders of 25 percent or such other percentages
10 as are specified in any deed of trust, indenture, or other
11 agreement aforesaid in principal amount of the bonds then
12 outstanding, shall, in any court of competent jurisdiction, in
13 his, her, or its own name:
14 (a) By mandamus or other suit, action, or proceeding
15 at law or in equity, enforce all rights of the bondholders,
16 including the right to require the authority to fix,
17 establish, maintain, collect, and charge rates, fees, rentals,
18 and other charges adequate to carry out any agreement as to or
19 pledge of the revenues or receipts of the authority, to carry
20 out any other covenants and agreements with or for the benefit
21 of the bondholders, and to perform its and their duties under
22 this part.
23 (b) By mandamus or other suit, action, or proceeding
24 at law or in equity, enforce all rights of the bondholders
25 under or pursuant to any lease-purchase agreement between the
26 authority and the department, including the right to require
27 the department to make all rental payments required to be made
28 by it under the provisions of any such lease-purchase
29 agreement and to require the department to carry out any other
30 covenants and agreements with or for the benefit of the
31 bondholders and to perform its and their duties under this
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1 part.
2 (c) Bring suit upon the bonds.
3 (d) By action or suit in equity, require the authority
4 or the department to account as if it were the trustee of an
5 express trust for the bondholders.
6 (e) By action or suit in equity, enjoin any acts or
7 things that may be unlawful or in violation of the rights of
8 the bondholders.
9 (3) Any trustee, when appointed as aforesaid or acting
10 under a deed of trust, indenture, or other agreement, and
11 regardless of whether all bonds have been declared due and
12 payable, may appoint a receiver who may enter upon and take
13 possession of the system or the facilities or any part or
14 parts thereof, the rates, fees, rentals, or other revenues,
15 charges, or receipts from which are or may be applicable to
16 the payment of the bonds so in default, and, subject to and in
17 compliance with the provisions of any lease-purchase agreement
18 between the authority and the department, operate and maintain
19 the same for and on behalf of and in the name of the
20 authority, the department, and the bondholders, and collect
21 and receive all rates, fees, rentals, and other charges or
22 receipts or revenues arising therefrom in the same manner as
23 the authority or the department might do, and shall deposit
24 all such moneys in a separate account and apply such moneys in
25 such manner as the court shall direct. In any suit, action, or
26 proceeding by the trustee, the fees, counsel fees, and
27 expenses of the trustee and the receiver, if any, and all
28 costs and disbursements allowed by the court shall be a first
29 charge on any rates, fees, rentals, or other charges,
30 revenues, or receipts derived from the system or the
31 facilities or services or any part or parts thereof, including
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1 payments under any such lease-purchase agreement as aforesaid,
2 which rates, fees, rentals, or other charges, revenues, or
3 receipts may be applicable to the payment of the bonds so in
4 default. Such trustee, in addition to the foregoing, possesses
5 all of the powers necessary for the exercise of any functions
6 specifically set forth herein or incident to the
7 representation of the bondholders in the enforcement and
8 protection of their rights.
9 (4) This section or any other section of this part
10 does not authorize any receiver appointed pursuant hereto for
11 the purpose, subject to and in compliance with the provisions
12 of any lease-purchase agreement between the authority and the
13 department, of operating and maintaining the system or any
14 facilities or part or parts thereof to sell, assign, mortgage,
15 or otherwise dispose of any of the assets of whatever kind and
16 character belonging to the authority. It is the intention of
17 this part to limit the powers of such receiver, subject to and
18 in compliance with the provisions of any lease-purchase
19 agreement between the authority and the department, to the
20 operation and maintenance of the system or any facility or
21 part or parts thereof, as the court may direct, in the name of
22 and for and on behalf of the authority, the department, and
23 the bondholders. In any suit, action, or proceeding at law or
24 in equity, a holder of bonds on the authority, a trustee, or
25 any court may not compel or direct a receiver to sell, assign,
26 mortgage, or otherwise dispose of any assets of whatever kind
27 or character belonging to the authority. A receiver also may
28 not be authorized to sell, assign, mortgage, or otherwise
29 dispose of any assets of whatever kind or character belonging
30 to the authority in any suit, action, or proceeding at law or
31 in equity.
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1 343.945 Pledges enforceable by bondholders.--It is the
2 express intention of this part that any pledge to the
3 authority by the department of rates, fees, revenues, or other
4 funds as rentals, or any covenants or agreements relative
5 thereto, is enforceable in any court of competent jurisdiction
6 against the authority or directly against the department by
7 any holder of bonds issued by the authority.
8 343.946 Lease-purchase agreement.--
9 (1) In order to effectuate the purposes of this part
10 and as authorized by this part, the authority may enter into a
11 lease-purchase agreement with the department relating to and
12 covering authority projects within the seven-county Tampa Bay
13 region.
14 (2) Such lease-purchase agreement shall provide for
15 the leasing of the system by the authority, as lessor, to the
16 department, as lessee, shall prescribe the term of such lease
17 and the rentals to be paid thereunder, and shall provide that,
18 upon the completion of the faithful performance thereunder and
19 the termination of such lease-purchase agreement, title in fee
20 simple absolute to the system as then constituted shall be
21 transferred in accordance with law by the authority to the
22 state and the authority shall deliver to the department such
23 deeds and conveyances as shall be necessary or convenient to
24 vest title in fee simple absolute in the state.
25 (3) Such lease-purchase agreement may include such
26 other provisions, agreements, and covenants as the authority
27 and the department deem advisable or required, including, but
28 not limited to, provisions as to the bonds to be issued for
29 the purposes of this part, the completion, extension,
30 improvement, operation, and maintenance of the system and the
31 expenses and the cost of operation of the authority, the
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1 charging and collection of tolls, rates, fees, and other
2 charges for the use of the services and facilities thereof,
3 and the application of federal or state grants or aid which
4 may be made or given to assist the authority in the
5 completion, extension, improvement, operation, and maintenance
6 of the system.
7 (4) The department as lessee under such lease-purchase
8 agreement may pay as rentals thereunder any rates, fees,
9 charges, funds, moneys, receipts, or income accruing to the
10 department from the operation of the system and may also pay
11 as rentals any appropriations received by the department
12 pursuant to any act of the Legislature heretofore or hereafter
13 enacted; however, nothing in this section or in such
14 lease-purchase agreement is intended to require, nor shall
15 this part or such lease-purchase agreement require, the making
16 or continuance of such appropriations, nor shall any holder of
17 bonds issued pursuant to this part ever have any right to
18 compel the making or continuance of such appropriations.
19 (5) The department shall have power to covenant in any
20 lease-purchase agreement that it will pay all or any part of
21 the cost of the operation, maintenance, repair, renewal, and
22 replacement of facilities, and any part of the cost of
23 completing facilities to the extent that the proceeds of bonds
24 issued are insufficient, from sources other than the revenues
25 derived from the operation of the system.
26 343.947 Department may be appointed agent of authority
27 for construction.--The department may be appointed by the
28 authority as its agent for the purpose of constructing and
29 completing transportation projects, and improvements and
30 extensions thereto, in the authority's master plan. In such
31 event, the authority shall provide the department with
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1 complete copies of all documents, agreements, resolutions,
2 contracts, and instruments relating thereto; shall request the
3 department to do such construction work, including the
4 planning, surveying, and actual construction of the
5 completion, extensions, and improvements to the system; and
6 shall transfer to the credit of an account of the department
7 in the treasury of the state the necessary funds therefor. The
8 department shall proceed with such construction and use the
9 funds for such purpose in the same manner that it is now
10 authorized to use the funds otherwise provided by law for its
11 use in construction of commuter rail systems, transit systems,
12 ferry systems, roads, bridges, and related transportation
13 facilities.
14 343.95 Acquisition of lands and property.--
15 (1) For the purposes of this part, the authority may
16 acquire private or public property and property rights,
17 including rights of access, air, view, and light, by gift,
18 devise, purchase, or condemnation by eminent domain
19 proceedings, as the authority may deem necessary for any
20 purpose of this part, including, but not limited to, any lands
21 reasonably necessary for securing applicable permits, areas
22 necessary for management of access, borrow pits, drainage
23 ditches, water retention areas, rest areas, replacement access
24 for landowners whose access is impaired due to the
25 construction of a facility, and replacement rights-of-way for
26 relocated rail and utility facilities; for existing, proposed,
27 or anticipated transportation facilities within the
28 seven-county Tampa Bay region identified by the authority; or
29 for the purposes of screening, relocation, removal, or
30 disposal of junkyards and scrap metal processing facilities.
31 The authority may condemn any material and property necessary
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1 for such purposes.
2 (2) The right of eminent domain herein conferred shall
3 be exercised by the authority in the manner provided by law.
4 (3) When the authority acquires property for a
5 transportation facility within the seven-county Tampa Bay
6 region, the authority is not subject to any liability imposed
7 by chapter 376 or chapter 403 for preexisting soil or
8 groundwater contamination due solely to its ownership. This
9 subsection does not affect the rights or liabilities of any
10 past or future owners of the acquired property, nor does it
11 affect the liability of any governmental entity for the
12 results of its actions which create or exacerbate a pollution
13 source. The authority and the Department of Environmental
14 Protection may enter into interagency agreements for the
15 performance, funding, and reimbursement of the investigative
16 and remedial acts necessary for property acquired by the
17 authority.
18 343.96 Cooperation with other units, boards, agencies,
19 and individuals.--Express authority and power is hereby given
20 and granted to any county, municipality, drainage district,
21 road and bridge district, school district, or any other
22 political subdivision, board, commission, or individual in or
23 of the state to make and enter into contracts, leases,
24 conveyances, partnerships, or other agreements with the
25 authority within the provisions and purposes of this part. The
26 authority may make and enter into contracts, leases,
27 conveyances, partnerships, and other agreements with any
28 political subdivision, agency, or instrumentality of the state
29 and any and all federal agencies, corporations, and
30 individuals for the purpose of carrying out the provisions of
31 this part.
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1 343.962 Public-private partnerships.--
2 (1) The authority may receive or solicit proposals and
3 enter into agreements with private entities or consortia
4 thereof for the building, operation, ownership, or financing
5 of multimodal transportation systems, transit-oriented
6 development nodes, transit stations, or related facilities
7 within the jurisdiction of the authority. Before approval, the
8 authority must determine that a proposed project:
9 (a) Is in the public's best interest.
10 (b) Would not require state funds to be used unless
11 the project is on or provides increased mobility on the State
12 Highway System.
13 (c) Would have adequate safeguards to ensure that
14 additional costs or unreasonable service disruptions would not
15 be realized by the traveling public and citizens of the state
16 in the event of default or the cancellation of the agreement
17 by the authority.
18 (2) The authority shall ensure that all reasonable
19 costs to the state related to transportation facilities that
20 are not part of the State Highway System are borne by the
21 private entity or any partnership created to develop the
22 facilities. The authority shall also ensure that all
23 reasonable costs to the state and substantially affected local
24 governments and utilities related to the private
25 transportation facility are borne by the private entity for
26 transportation facilities that are owned by private entities.
27 For projects on the State Highway System or that provide
28 increased mobility on the State Highway System, the department
29 may use state resources to participate in funding and
30 financing the project as provided for under the department's
31 enabling legislation.
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1 (3) The authority may request proposals for
2 public-private multimodal transportation projects or, if it
3 receives an unsolicited proposal, the authority must publish a
4 notice in the Florida Administrative Weekly and a newspaper of
5 general circulation in the county in which the proposed
6 project is located at least once a week for 2 weeks stating
7 that it has received the proposal and will accept, for 60 days
8 after the initial date of publication, other proposals for the
9 same project purpose. A copy of the notice must be mailed to
10 each local government in the affected areas. After the public
11 notification period has expired, the authority shall rank the
12 proposals in order of preference. In ranking the proposals,
13 the authority shall consider professional qualifications,
14 general business terms, innovative engineering or
15 cost-reduction terms, finance plans, and the need for state
16 funds to deliver the proposal. If the authority is not
17 satisfied with the results of the negotiations, it may, at its
18 sole discretion, terminate negotiations with the proposer. If
19 these negotiations are unsuccessful, the authority may go to
20 the second and lower-ranked firms, in order, using the same
21 procedure. If only one proposal is received, the authority may
22 negotiate in good faith and, if it is not satisfied with the
23 results, it may, at its sole discretion, terminate
24 negotiations with the proposer. Notwithstanding this
25 subsection, the authority may, at its discretion, reject all
26 proposals at any point in the process up to completion of a
27 contract with the proposer.
28 (4) Agreements entered into pursuant to this section
29 may authorize the public-private entity to impose tolls or
30 fares for the use of the facility. However, the amount and use
31 of toll or fare revenues shall be regulated by the authority
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1 to avoid unreasonable costs to users of the facility.
2 (5) Each public-private transportation facility
3 constructed pursuant to this section shall comply with all
4 requirements of federal, state, and local laws; state,
5 regional, and local comprehensive plans; the authority's
6 rules, policies, procedures, and standards for transportation
7 facilities; and any other conditions that the authority
8 determines to be in the public's best interest.
9 (6) The authority may exercise any of its powers,
10 including eminent domain, to facilitate the development and
11 construction of multimodal transportation projects pursuant to
12 this section. The authority may pay all or part of the cost of
13 operating and maintaining the facility or may provide services
14 to the private entity, for which services it shall receive
15 full or partial reimbursement.
16 (7) Except as provided in this section, this section
17 is not intended to amend existing law by granting additional
18 powers to or imposing further restrictions on the governmental
19 entities with regard to regulating and entering into
20 cooperative arrangements with the private sector for the
21 planning, construction, and operation of transportation
22 facilities.
23 (8) The authority may adopt rules pursuant to ss.
24 120.536(1) and 120.54 to implement this section and shall, by
25 rule, establish an application fee for the submission of
26 unsolicited proposals under this section. The fee must be
27 sufficient to pay the costs of evaluating the proposals.
28 343.97 Exemption from taxation.--The effectuation of
29 the authorized purposes of the authority created under this
30 part is for the benefit of the people of this state, for the
31 increase of their commerce and prosperity, and for the
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1 improvement of their health and living conditions and, because
2 the authority performs essential governmental functions in
3 effectuating such purposes, the authority is not required to
4 pay any taxes or assessments of any kind or nature whatsoever
5 upon any property acquired or used by it for such purposes, or
6 upon any rates, fees, rentals, receipts, income, or charges at
7 any time received by it. The bonds issued by the authority,
8 their transfer, and the income therefrom, including any
9 profits made on the sale thereof, shall at all times be free
10 from taxation of any kind by the state or by any political
11 subdivision, taxing agency, or instrumentality thereof. The
12 exemption granted by this section does not apply to any tax
13 imposed by chapter 220 on interest, income, or profits on debt
14 obligations owned by corporations.
15 343.973 Eligibility for investments and security.--Any
16 bonds or other obligations issued pursuant to this part shall
17 be and constitute legal investments for banks, savings banks,
18 trustees, executors, administrators, and all other fiduciaries
19 and for all state, municipal, and other public funds and shall
20 also be and constitute securities eligible for deposit as
21 security for all state, municipal, or other public funds,
22 notwithstanding the provisions of any other law to the
23 contrary.
24 343.975 Complete and additional statutory authority.--
25 (1) The powers conferred by this part are supplemental
26 to the existing powers of the board and the department. This
27 part does not repeal any of the provisions of any other law,
28 general, special, or local, but supplements such other laws in
29 the exercise of the powers provided in this part and provides
30 a complete method for the exercise of the powers granted in
31 this part. The projects planned and constructed by the Tampa
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1 Bay Regional Transportation Authority shall comply with all
2 applicable federal, state, and local laws. The authority shall
3 coordinate project planning, development, and implementation
4 with the applicable adopted comprehensive plans of local
5 governments within whose jurisdictions the projects or
6 improvements will be located, in order to define and resolve
7 potential inconsistencies between plans. The extension and
8 improvement of the system, and the issuance of bonds hereunder
9 to finance all or part of the cost thereof, may be
10 accomplished upon compliance with the provisions of this part
11 without regard to or necessity for compliance with the
12 provisions, limitations, or restrictions contained in any
13 other general, special, or local law, including, but not
14 limited to, s. 215.821. An approval of any bonds issued under
15 this part by the qualified electors or qualified electors who
16 are freeholders in the state or in any other political
17 subdivision of the state is not required for the issuance of
18 such bonds pursuant to this part.
19 (2) This part does not repeal, rescind, or modify any
20 other law relating to the State Board of Administration, the
21 Department of Transportation, the Tampa-Hillsborough County
22 Expressway Authority, or the Division of Bond Finance within
23 the State Board of Administration; however, this part
24 supersedes such other laws as are inconsistent with its
25 provisions, including, but not limited to, s. 215.821.
26 (3) This part does not preclude the department from
27 acquiring, holding, constructing, improving, maintaining,
28 operating, or owning tolled or nontolled facilities funded and
29 constructed from nonauthority sources that are part of the
30 State Highway System within the geographical boundaries of the
31 Tampa Bay Regional Transportation Authority.
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1 Section 2. This act shall take effect July 1, 2007.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act relating to regional transportation
11 facilities; creating part V of chapter 343,
12 F.S., the Tampa Bay Regional Transportation
13 Authority act; creating s. 343.90, F.S.;
14 creating s. 343.91, F.S.; providing
15 definitions; creating s. 343.92, F.S.; creating
16 the Tampa Bay Regional Transportation
17 Authority, comprising Citrus, Hernando,
18 Hillsborough, Manatee, Pasco, Pinellas, and
19 Sarasota Counties; providing for organization
20 and membership; providing for reimbursement of
21 travel expenses and per diem; requiring members
22 to comply with specified financial disclosure
23 provisions; providing for employees and
24 advisory committees; creating s. 343.922, F.S.;
25 specifying purposes of the authority; providing
26 for rights, powers, and duties of the
27 authority; authorizing the authority to
28 construct, operate, and maintain certain
29 multimodal transportation systems; authorizing
30 the authority to collect fares and tolls on its
31 transportation facilities; requiring the
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1 authority to develop and adopt a regional
2 multimodal transportation master plan by a date
3 certain; providing for content, updates, and
4 use of the plan; authorizing the authority to
5 request funding and technical assistance;
6 authorizing the authority to borrow money,
7 enter into partnerships and other agreements,
8 enter into and make lease-purchase agreements,
9 and make contracts for certain purposes;
10 specifying that the authority does not have
11 power to pledge the credit or taxing power of
12 the state; creating s. 343.94, F.S.; providing
13 legislative approval of bond financing by the
14 authority for its projects; providing for
15 issuance of the bonds by the authority or the
16 Division of Bond Finance; providing for
17 contract with bondholders; authorizing the
18 authority to employ fiscal agents; authorizing
19 the State Board of Administration to act as
20 fiscal agent; creating s. 343.941, F.S.;
21 providing that the authority's bonds are not
22 debts or pledges of faith and credit of the
23 state; creating s. 343.943, F.S.; providing a
24 state covenant with bondholders; creating s.
25 343.944, F.S.; providing certain rights and
26 remedies for bondholders; creating s. 343.945,
27 F.S.; providing for enforcement by bondholders
28 of pledges to the authority from the
29 department; creating s. 343.946, F.S.;
30 providing for lease-purchase agreements between
31 the authority and the department; creating s.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 506
Barcode 064284
1 343.947, F.S.; providing for the department to
2 act as an agent for the authority for the
3 purposes of constructing and completing the
4 authority's projects; creating s. 343.95, F.S.;
5 providing for the authority to purchase
6 property and property rights; creating s.
7 343.96, F.S.; providing for the authority to
8 enter into cooperative agreements with other
9 entities and persons; creating s. 343.962,
10 F.S.; providing for the authority to enter into
11 certain public-private agreements under certain
12 conditions; providing procedures for proposals
13 for public-private multimodal transportation
14 projects; authorizing the public-private entity
15 to impose certain tolls or fares for use of the
16 systems; providing criteria for the constructed
17 systems; authorizing the authority to use
18 certain powers to facilitate project
19 development, construction, and operation;
20 providing intent relating to governmental
21 entities; authorizing the authority to adopt
22 certain rules and establish an application fee;
23 creating s. 343.97, F.S.; exempting the
24 authority from certain taxation; creating s.
25 343.973, F.S.; specifying that bonds or other
26 obligations issued by the authority are legal
27 investments constituting securities for certain
28 purposes; creating s. 343.975, F.S.; providing
29 for application, effect, or supersession of
30 specified provisions; providing an effective
31 date.
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