Senate Bill sb0506c3
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Florida Senate - 2007 CS for CS for CS for SB 506
By the Committees on Transportation and Economic Development
Appropriations; Governmental Operations; Transportation; and
Senators Fasano and Crist
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1 A bill to be entitled
2 An act relating to regional transportation
3 facilities; creating part V of chapter 343,
4 F.S., the Tampa Bay Regional Transportation
5 Authority act; creating s. 343.90, F.S.;
6 creating s. 343.91, F.S.; providing
7 definitions; creating s. 343.92, F.S.; creating
8 the Tampa Bay Regional Transportation
9 Authority, comprising Citrus, Hernando,
10 Hillsborough, Manatee, Pasco, Pinellas, and
11 Sarasota Counties; providing for organization
12 and membership; providing for reimbursement of
13 travel expenses and per diem; requiring members
14 to comply with specified financial disclosure
15 provisions; providing for employees and
16 advisory committees; creating s. 343.922, F.S.;
17 specifying purposes of the authority; providing
18 for rights, powers, and duties of the
19 authority; authorizing the authority to
20 construct, operate, and maintain certain
21 multimodal transportation systems; authorizing
22 the authority to collect fares and tolls on its
23 transportation facilities; requiring the
24 authority to develop and adopt a regional
25 multimodal transportation master plan by a date
26 certain; providing for content, updates, and
27 use of the plan; authorizing the authority to
28 request funding and technical assistance;
29 authorizing the authority to borrow money,
30 enter into partnerships and other agreements,
31 enter into and make lease-purchase agreements,
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1 and make contracts for certain purposes;
2 specifying that the authority does not have
3 power to pledge the credit or taxing power of
4 the state; creating s. 343.94, F.S.; providing
5 legislative approval of bond financing by the
6 authority for its projects; providing for
7 issuance of the bonds by the authority or the
8 Division of Bond Finance; providing for
9 contract with bondholders; authorizing the
10 authority to employ fiscal agents; authorizing
11 the State Board of Administration to act as
12 fiscal agent; creating s. 343.941, F.S.;
13 providing that the authority's bonds are not
14 debts or pledges of faith and credit of the
15 state; creating s. 343.943, F.S.; providing a
16 state covenant with bondholders; creating s.
17 343.944, F.S.; providing certain rights and
18 remedies for bondholders; creating s. 343.945,
19 F.S.; providing for enforcement by bondholders
20 of pledges to the authority from the
21 department; creating s. 343.946, F.S.;
22 providing for lease-purchase agreements between
23 the authority and the department; creating s.
24 343.947, F.S.; providing for the department to
25 act as an agent for the authority for the
26 purposes of constructing and completing the
27 authority's projects; creating s. 343.95, F.S.;
28 providing for the authority to purchase
29 property and property rights; creating s.
30 343.96, F.S.; providing for the authority to
31 enter into cooperative agreements with other
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1 entities and persons; creating s. 343.962,
2 F.S.; providing for the authority to enter into
3 certain public-private agreements under certain
4 conditions; providing procedures for proposals
5 for public-private multimodal transportation
6 projects; authorizing the public-private entity
7 to impose certain tolls or fares for use of the
8 systems; providing criteria for the constructed
9 systems; authorizing the authority to use
10 certain powers to facilitate project
11 development, construction, and operation;
12 providing intent relating to governmental
13 entities; authorizing the authority to adopt
14 certain rules and establish an application fee;
15 creating s. 343.97, F.S.; exempting the
16 authority from certain taxation; creating s.
17 343.973, F.S.; specifying that bonds or other
18 obligations issued by the authority are legal
19 investments constituting securities for certain
20 purposes; creating s. 343.975, F.S.; providing
21 for application, effect, or supersession of
22 specified provisions; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Part V of chapter 343, Florida Statutes,
28 consisting of sections 343.90, 343.91, 343.92, 343.922,
29 343.94, 343.941, 343.943, 343.944, 343.945, 343.946, 343.947,
30 343.95, 343.96, 343.962, 343.97, 343.973, and 343.975, is
31 created to read:
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1 343.90 Short title.--This part may be cited as the
2 "Tampa Bay Regional Transportation Authority Act."
3 343.91 Definitions.--
4 (1) As used in this part, the term:
5 (a) "Authority" means the Tampa Bay Regional
6 Transportation Authority, the body politic and corporate and
7 agency of the state created by this part, covering the
8 seven-county area comprised of Citrus, Hernando, Hillsborough,
9 Pasco, Pinellas, Manatee, and Sarasota Counties.
10 (b) "Board" means the governing body of the authority.
11 (c) "Bonds" means the notes, bonds, refunding bonds,
12 or other evidences of indebtedness or obligations, in either
13 temporary or definitive form, which the authority is
14 authorized to issue under this part.
15 (d)1. "Bus rapid transit" means a type of limited-stop
16 bus service that relies on technology to help expedite service
17 through priority for transit, rapid and convenient fare
18 collection, and integration with land use to substantially
19 upgrade performance of buses operating on exclusive,
20 high-occupancy-vehicle lanes, expressways, or ordinary
21 streets.
22 2. "Express bus" means a type of bus service designed
23 to expedite longer trips, especially in major metropolitan
24 areas during heavily patronized peak commuting hours, by
25 operating over long distances without stopping on freeways or
26 partially controlled access roadway facilities.
27 (e)1. "Commuter rail" means a complete system of
28 tracks, guideways, stations, and rolling stock necessary to
29 effectuate medium-distance to long-distance passenger rail
30 service to, from, or within the municipalities within the
31 authority's designated seven-county region.
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1 2. "Heavy rail transit" means a complete rail system
2 operating on an electric railway with the capacity for a heavy
3 volume of traffic, characterized by high-speed and
4 rapid-acceleration passenger rail cars operating singly or in
5 multicar trains on fixed rails in separate rights-of-way from
6 which all other vehicular and pedestrian traffic are excluded.
7 "Heavy rail transit" includes metro, subway, elevated, rapid
8 transit, and rapid rail systems.
9 3. "Light rail transit" means a complete system of
10 tracks, overhead catenaries, stations, and platforms with
11 lightweight passenger rail cars operating singly or in short,
12 multicar trains on fixed rails in rights-of-way that are not
13 separated from other traffic for much of the way.
14 (f) "Consultation" means that one party confers with
15 another identified party in accordance with an established
16 process and, prior to taking action, considers that party's
17 views and periodically informs that party about actions taken.
18 (g) "Department" means the Florida Department of
19 Transportation.
20 (h) "Lease-purchase agreement" means a lease-purchase
21 agreement that the authority is authorized under this part to
22 enter into with the department.
23 (i) "Limited access expressway" or "expressway" means
24 a street or highway especially designed for through traffic
25 and over, from, or to which a person does not have the right
26 of easement, use, or access except in accordance with the
27 rules adopted and established by the authority for the use of
28 such facility.
29 (j) "Members" means the individuals constituting the
30 governing body of the authority.
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1 (k) "Multimodal transportation system" means a
2 well-connected network of transportation modes reflecting a
3 high level of accessibility between modes and proximity to
4 supportive land use patterns.
5 (l) "Park-and-ride lot" means a transit station stop
6 or a carpool or vanpool waiting area to which patrons may
7 drive private vehicles for parking before gaining access to
8 transit, commuter rail, or heavy rail systems or taking
9 carpool or vanpool vehicles to their destinations.
10 (m) "State Board of Administration" means the body
11 corporate existing under the provisions of s. 9, Art. XII of
12 the State Constitution, or any successor thereto.
13 (n) "Transit-oriented development" means a mixed-use
14 residential or commercial area designed to maximize access to
15 public transportation and often incorporates features to
16 encourage transit ridership. A transit-oriented development
17 neighborhood typically has a center with a train station, tram
18 stop, or bus station surrounded by relatively high-density
19 development with progressively lower-density development
20 spreading outward from the center, typically within 1/2 mile
21 of the stop or station.
22 (o) "Transit station" means a public transportation
23 passenger facility that is accessible either at street level
24 or on above-grade platforms and often surrounded by
25 pedestrian-friendly, higher-density development or
26 park-and-ride lots.
27 (2) Terms importing singular number include the plural
28 number in each case and vice versa, and terms importing
29 persons include firms and corporations.
30 343.92 Tampa Bay Regional Transportation Authority.--
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1 (1) There is created and established a body politic
2 and corporate, an agency of the state, to be known as the
3 Tampa Bay Regional Transportation Authority.
4 (2) The governing board of the authority shall consist
5 of 16 members.
6 (a) There shall be one nonvoting, ex officio member of
7 the board who shall be appointed by the secretary of the
8 department but who must be the district secretary for one of
9 the department districts within the seven-county area of the
10 authority, at the discretion of the secretary of the
11 department.
12 (b) There shall be 15 voting members of the board as
13 follows:
14 1. The county commissions of Citrus, Hernando,
15 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
16 shall each appoint one elected official to the board. Members
17 appointed under this subparagraph shall serve 2-year terms
18 with not more than three consecutive terms being served by any
19 person. If a member under this subparagraph leaves elected
20 office, a vacancy exists on the board to be filled as provided
21 in this subparagraph.
22 2. The West Central Florida M.P.O. Chairs Coordinating
23 Committee shall appoint one member to the board who must be a
24 chair of one of the six metropolitan planning organizations in
25 the region. The member appointed under this subparagraph shall
26 serve a 2-year term with not more than three consecutive terms
27 being served by any person.
28 3.a. Two members of the board shall be the mayor, or
29 the mayor's designee, of the largest municipality within the
30 service area of each of the following independent transit
31 agencies or their legislatively created successor agencies:
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1 Pinellas Suncoast Transit Authority and Hillsborough Area
2 Regional Transit Authority. The largest municipality is that
3 municipality with the largest population as determined by the
4 most recent United States Decennial Census.
5 b. Should a mayor choose not to serve, his or her
6 designee must be an elected official selected by the mayor
7 from that largest municipality's city council or city
8 commission. A mayor or his or her designee shall serve a
9 2-year term with not more than three consecutive terms being
10 served by any person.
11 c. A designee's term ends if the mayor leaves office
12 for any reason. If a designee leaves elected office on the
13 city council or commission, a vacancy exists on the board to
14 be filled by the mayor of that municipality as provided in
15 sub-subparagraph a.
16 d. A mayor who has served three consecutive terms on
17 the board must designate an elected official from that largest
18 municipality's city council or city commission to serve on the
19 board for at least one term.
20 4.a. One membership on the board shall rotate every 2
21 years between the mayor, or his or her designee, of the
22 largest municipality within Manatee County and the mayor, or
23 his or her designee, of the largest municipality within
24 Sarasota County. The mayor, or his or her designee, from the
25 largest municipality within Manatee County shall serve the
26 first 2-year term. The largest municipality is that
27 municipality with the largest population as determined by the
28 most recent United States Decennial Census.
29 b. Should a mayor choose not to serve, his or her
30 designee must be an elected official selected by the mayor
31 from that municipality's city council or city commission.
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1 5. The Governor shall appoint to the board four
2 business representatives who are not elected officials, two of
3 whom shall represent counties within the federally designated
4 Tampa Bay Transportation Management Area. Members appointed by
5 the Governor shall serve 3-year terms with not more than two
6 consecutive terms being served by any person.
7 (c) Appointments may be staggered to avoid mass
8 turnover at the end of any 2-year or 4-year period. A vacancy
9 during a term shall be filled by the respective appointing
10 authority within 90 days in the same manner as the original
11 appointment and only for the remainder of the unexpired term.
12 (3) The members of the board shall serve without
13 compensation but shall be entitled to receive from the
14 authority reimbursement for travel expenses and per diem
15 actually incurred in connection with the business of the
16 authority as provided in s. 112.061.
17 (4) Members of the board shall comply with the
18 applicable financial disclosure requirements of ss. 112.3145,
19 112.3148, and 112.3149.
20 (5) The Governor shall appoint the initial chairman
21 from among the full membership of the board immediately upon
22 their appointment. In no case may those appointments be made
23 any later than 45 days following the creation of the
24 authority. The chairman will hold this position for a minimum
25 term of 2 years. The board shall elect a vice chair and
26 secretary-treasurer from among its members who shall serve a
27 minimum term of 1 year and shall establish the duties and
28 powers of those positions during its inaugural meeting. During
29 its inaugural meeting, the board will also establish its rules
30 of conduct and meeting procedures.
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1 (6) At the end of the initial chairman's term, the
2 board shall elect a chair from among its members. The chair
3 shall hold office at the will of the board. In that election,
4 the board shall also elect a vice chair and
5 secretary-treasurer.
6 (7) The first meeting of the authority shall be held
7 no later than 60 days after the creation of the authority.
8 (8) Eight members of the board shall constitute a
9 quorum, and the vote of eight members is necessary for any
10 action to be taken by the authority. The authority may meet
11 upon the constitution of a quorum. A vacancy does not impair
12 the right of a quorum of the board to exercise all rights and
13 the ability to perform all duties of the authority.
14 (9) The board may establish committees for the
15 following areas:
16 (a) Planning.
17 (b) Policy.
18 (c) Finance.
19 (10) The authority may employ an executive director,
20 an executive secretary, its own legal counsel and legal staff,
21 technical experts, engineers, and such employees, permanent or
22 temporary, as it may require. The authority shall determine
23 the qualifications and fix the compensation of such persons,
24 firms, or corporations and may employ a fiscal agent or
25 agents; however, the authority shall solicit sealed proposals
26 from at least three persons, firms, or corporations for the
27 performance of any services as fiscal agents. The authority
28 may, except for duties specified in chapter 120, delegate its
29 power to one or more of its agents or employees to carry out
30 the purposes of this part, subject always to the supervision
31 and control of the authority.
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1 (11)(a) The authority shall establish a Transit
2 Management Committee comprised of the executive directors or
3 general managers, or their designees, of each of the existing
4 transit providers and Tampa Bay area commuter services.
5 (b) The authority shall establish a Citizens Advisory
6 Committee comprised of appointed citizen committee members
7 from each county and transit provider in the region, not to
8 exceed 16 members.
9 (c) The authority may establish technical advisory
10 committees to provide guidance and advice on regional
11 transportation issues. The authority shall establish the size,
12 composition, and focus of any technical advisory committee
13 created.
14 (d) Persons appointed to a committee shall serve
15 without compensation but may be entitled to per diem or travel
16 expenses as provided in s. 112.061.
17 343.922 Powers and duties.--
18 (1) The express purposes of the authority are to
19 improve mobility and expand multimodal transportation options
20 for passengers and freight throughout the seven-county Tampa
21 Bay region.
22 (2)(a) The authority has the right to plan, develop,
23 finance, construct, own, purchase, operate, maintain,
24 relocate, equip, repair, and manage those public
25 transportation projects, such as express bus services; bus
26 rapid transit services; light rail, commuter rail, heavy rail,
27 or other transit services; ferry services; transit stations;
28 park-and-ride lots; transit-oriented development nodes; or
29 feeder roads, reliever roads, connector roads, bypasses, or
30 appurtenant facilities, that are intended to address critical
31 transportation needs or concerns in the Tampa Bay region as
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1 identified by the authority by July 1, 2009. These projects
2 may also include all necessary approaches, roads, bridges, and
3 avenues of access that are desirable and proper with the
4 concurrence of the department, as applicable, if the project
5 is to be part of the State Highway System.
6 (b) Any transportation facilities constructed by the
7 authority may be tolled. Fare payment methods for public
8 transportation projects shall promote seamless integration
9 between regional and local transit systems. Tolling
10 technologies shall be consistent with the systems used by the
11 Florida Turnpike Enterprise for the purpose of allowing the
12 use of a single transponder or a similar electronic tolling
13 device for all facilities of the authority and the Florida
14 Turnpike Enterprise.
15 (c) The authority shall coordinate and consult with
16 local governments on transit or commuter rail station area
17 plans that provide for compact, mixed-use, transit-oriented
18 development that will support transit investments and provide
19 a variety of workforce housing choices, recognizing the need
20 for housing alternatives for a variety of income ranges.
21 (3)(a) No later than July 1, 2009, the authority shall
22 develop and adopt a regional transportation master plan that
23 provides a vision for a regionally integrated multimodal
24 transportation system. The goals and objectives of the master
25 plan are to identify areas of the Tampa Bay region where
26 multimodal mobility, traffic safety, freight mobility, and
27 efficient emergency evacuation alternatives need to be
28 improved; identify areas of the region where multimodal
29 transportation systems would be most beneficial to enhance
30 mobility and economic development; develop methods of building
31 partnerships with local governments, existing transit
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1 providers, expressway authorities, seaports, airports, and
2 other local, state, and federal entities; develop methods of
3 building partnerships with CSX Corporation and CSX
4 Transportation, Inc., to craft mutually beneficial solutions
5 to achieve the authority's objectives, and with other
6 private-sector business community entities that may further
7 the authority's mission, and engage the public in support of
8 regional multimodal transportation improvements. The master
9 plan shall identify and may prioritize projects that will
10 accomplish these goals and objectives, including, without
11 limitation, the creation of express bus and bus rapid transit
12 services, light rail, commuter rail, and heavy rail transit
13 services, ferry services, freight services, and any other
14 multimodal transportation system projects that address
15 critical transportation needs or concerns, pursuant to
16 subsection (2); and identify the costs of the proposed
17 projects and revenue sources that could be used to pay those
18 costs. In developing the master plan, the authority shall
19 review and coordinate with the future land use, capital
20 improvements, and traffic circulation elements of its member
21 local governments' comprehensive plans and the plans,
22 programs, and schedules of other units of government having
23 transit or transportation authority within whose jurisdictions
24 the projects or improvements will be located to define and
25 resolve potential inconsistencies between such plans and the
26 authority's developing master plan. By July 1, 2008, the
27 authority, working with its member local governments, shall
28 adopt a mandatory conflict-resolution process that addresses
29 consistency conflicts between the authority's regional
30 transportation master plan and local government comprehensive
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1 plans. The adoption of the master plan by the authority is not
2 a rule subject to the rulemaking procedures of chapter 120.
3 (b) The authority shall consult with the department to
4 further the goals and objectives of the Strategic Regional
5 Transit Needs Assessment completed by the department.
6 (c) Before the adoption of the master plan, the
7 authority shall hold at least one public meeting in each of
8 the seven counties within the designated region. At least one
9 public hearing must be held before the authority's board.
10 (d) After its adoption, the master plan shall be
11 updated every 2 years before July 1.
12 (e) The authority shall present the original master
13 plan and updates to the governing bodies of the counties
14 within the seven-county region, to the West Central Florida
15 M.P.O. Chairs Coordinating Committee, and to the legislative
16 delegation members representing those counties within 90 days
17 after adoption.
18 (f) The authority shall coordinate plans and projects
19 with the West Central Florida M.P.O. Chairs Coordinating
20 Committee, to the extent practicable, and participate in the
21 regional M.P.O. planning process to ensure regional
22 comprehension of the authority's mission, goals, and
23 objectives.
24 (4) The authority may undertake projects or other
25 improvements in the master plan in phases as particular
26 projects or segments become feasible, as determined by the
27 authority. The authority shall coordinate project planning,
28 development, and implementation with the applicable local
29 governments. The authority's projects that are transportation
30 oriented shall be consistent to the maximum extent feasible
31 with the adopted local government comprehensive plans at the
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1 time they are funded for construction. Authority projects that
2 are not transportation oriented and meet the definition of
3 development pursuant to s. 380.04 shall be consistent with the
4 local comprehensive plans. In carrying out its purposes and
5 powers, the authority may request funding and technical
6 assistance from the department and appropriate federal and
7 local agencies, including, but not limited to, state
8 infrastructure bank loans, advances from the Toll Facilities
9 Revolving Trust Fund, and funding and technical assistance
10 from any other source.
11 (5) The authority is granted and may exercise all
12 powers necessary, appurtenant, convenient, or incidental to
13 the carrying out of the aforesaid purposes, including, but not
14 limited to, the following rights and powers:
15 (a) To sue and be sued, implead and be impleaded, and
16 complain and defend in all courts in its own name.
17 (b) To adopt and use a corporate seal.
18 (c) To have the power of eminent domain, including the
19 procedural powers granted under chapters 73 and 74.
20 (d) To acquire by donation or otherwise, purchase,
21 hold, construct, maintain, improve, operate, own, lease as a
22 lessee, and use any franchise or property, real, personal, or
23 mixed, tangible or intangible, or any option thereof in its
24 own name or in conjunction with others, or any interest
25 therein, necessary or desirable for carrying out the purposes
26 of the authority.
27 (e) To sell, convey, exchange, lease as a lessor,
28 transfer, or otherwise dispose of any real or personal
29 property, or interest therein, acquired by the authority,
30 including air rights.
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1 (f) To fix, alter, establish, and collect rates,
2 fares, fees, rentals, tolls, and other charges for the
3 services and use of any light rail, commuter rail, heavy rail,
4 bus rapid transit, or express bus services, ferry services,
5 highways, feeder roads, bridges, or other transportation
6 facilities owned or operated by the authority. These rates,
7 fares, fees, rentals, tolls, and other charges shall always be
8 sufficient to comply with any covenants made with the holders
9 of any bonds issued pursuant to this part; however, such right
10 and power may be assigned or delegated by the authority to the
11 department.
12 (g) To borrow money and to make and issue negotiable
13 notes, bonds, refunding bonds, and other evidences of
14 indebtedness or obligations, either in temporary or definitive
15 form, hereinafter in this chapter sometimes called "revenue
16 bonds" of the authority, for the purpose of financing all or
17 part of the mobility improvements within the Tampa Bay region,
18 as well as the appurtenant facilities, including all
19 approaches, streets, roads, bridges, and avenues of access
20 authorized by this part, the bonds to mature not exceeding 40
21 years after the date of the issuance thereof, and to secure
22 the payment of such bonds or any part thereof by a pledge of
23 any or all of its revenues, rates, fees, rentals, or other
24 charges.
25 (h) To adopt bylaws for the regulation of the affairs
26 and the conduct of the business of the authority. The bylaws
27 shall provide for quorum and voting requirements, maintenance
28 of minutes and other official records, and preparation and
29 adoption of an annual budget.
30 (i) To lease, rent, or contract for the operation or
31 management of any part of a transportation system facility
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1 built by the authority. In awarding any contract, the
2 authority shall consider, but is not limited to, the
3 following:
4 1. The qualifications of each applicant.
5 2. The level or quality of service.
6 3. The efficiency, cost, and anticipated revenue.
7 4. The construction, operation, and management plan.
8 5. The financial ability to provide reliable service.
9 6. The impact on other transportation modes, including
10 the ability to interface with other transportation modes and
11 facilities.
12 (j) To enforce collection of rates, fees, tolls, and
13 charges and to establish and enforce fines and penalties for
14 violations of any rules.
15 (k) To advertise, market, and promote regional transit
16 services and facilities, freight mobility plans and projects,
17 and the general activities of the authority.
18 (l) To cooperate with other governmental entities and
19 to contract with other governmental agencies, including the
20 Federal Government, the department, counties, transit
21 authorities or agencies, municipalities, and expressway and
22 bridge authorities.
23 (m) To enter into joint development agreements,
24 partnerships, and other agreements with public and private
25 entities respecting ownership and revenue participation in
26 order to facilitate financing and constructing any project or
27 portions thereof.
28 (n) To accept grants and other funds from other
29 governmental sources and to accept private donations. However,
30 the authority shall not be directly eligible for
31 Transportation Regional Incentive Program funds allocated
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1 pursuant to s. 339.2819, except through interlocal agreement
2 with an eligible recipient.
3 (o) To purchase directly from local, national, or
4 international insurance companies liability insurance that the
5 authority is contractually and legally obligated to provide,
6 notwithstanding the requirements of s. 287.022(1).
7 (p) To enter into and make lease-purchase agreements
8 with the department for terms not exceeding 40 years or until
9 any bonds secured by a pledge of rentals thereunder, and any
10 refundings thereof, are fully paid as to both principal and
11 interest, whichever is longer.
12 (q) To make contracts of every name and nature,
13 including, but not limited to, partnerships providing for
14 participation in ownership and revenues, and to execute all
15 instruments necessary or convenient for the carrying on of its
16 business.
17 (r) To do all acts and things necessary or convenient
18 for the conduct of its business and the general welfare of the
19 authority in order to carry out the powers granted to it by
20 this part or any other law.
21 (6) The authority shall institute procedures to ensure
22 that jobs created as a result of state funding pursuant to
23 this section shall be subject to equal opportunity hiring
24 practices as provided for in s. 110.112.
25 (7) The authority shall comply with all statutory
26 requirements of general application which relate to the filing
27 of any report or documentation required by law, including the
28 requirements of ss. 189.4085, 189.415, 189.417, and 189.418.
29 (8) The authority does not have power at any time or
30 in any manner to pledge the credit or taxing power of the
31 state or any political subdivision or agency thereof, nor
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1 shall any of the authority's obligations be deemed to be
2 obligations of the state or of any political subdivision or
3 agency thereof, nor shall the state or any political
4 subdivision or agency thereof, except the authority, be liable
5 for the payment of the principal of or interest on such
6 obligations.
7 343.94 Bond financing authority.--
8 (1) Pursuant to s. 11(f), Art. VII of the State
9 Constitution, the Legislature approves bond financing by the
10 Tampa Bay Regional Transportation Authority for construction
11 of or improvements to commuter rail systems, transit systems,
12 ferry systems, highways, bridges, toll collection facilities,
13 interchanges to the system, and any other transportation
14 facility appurtenant, necessary, or incidental to the system.
15 Subject to terms and conditions of applicable revenue bond
16 resolutions and covenants, such costs may be financed in whole
17 or in part by revenue bonds issued pursuant to paragraph
18 (2)(a) or paragraph (2)(b), whether currently issued or issued
19 in the future or by a combination of such bonds.
20 (2)(a) Bonds may be issued on behalf of the authority
21 pursuant to the State Bond Act.
22 (b) Alternatively, the authority may issue its own
23 bonds pursuant to this part at such times and in such
24 principal amount as, in the opinion of the authority, is
25 necessary to provide sufficient moneys for achieving its
26 purposes; however, such bonds may not pledge the full faith
27 and credit of the state. Bonds issued by the authority
28 pursuant to this paragraph or paragraph (a), whether on
29 original issuance or on refunding, shall be authorized by
30 resolution of the members thereof, may be either term or
31 serial bonds, and shall bear such date or dates, mature at
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1 such time or times, not exceeding 40 years after their
2 respective dates, bear interest at such rate or rates, be
3 payable semiannually, be in such denominations, be in such
4 form, either coupon or fully registered, carry such
5 registration, exchangeability, and interchangeability
6 privileges, be payable in such medium of payment and at such
7 place or places, be subject to such terms of redemption, and
8 be entitled to such priorities on the revenues, rates, fees,
9 rentals, or other charges or receipts of the authority,
10 including revenues from lease-purchase agreements, as such
11 resolution or any resolution subsequent thereto may provide.
12 The bonds shall be executed either by manual or facsimile
13 signature by such officers as the authority shall determine;
14 however, such bonds shall bear at least one signature that is
15 manually executed thereon, and the coupons attached to such
16 bonds shall bear the facsimile signature or signatures of such
17 officer or officers as shall be designated by the authority
18 and have the seal of the authority affixed, imprinted,
19 reproduced, or lithographed thereon, all as may be prescribed
20 in such resolution or resolutions.
21 (c) Bonds issued pursuant to paragraph (a) or
22 paragraph (b) shall be sold at public sale in the manner
23 provided by the State Bond Act. However, if the authority, by
24 official action at a public meeting, determines that a
25 negotiated sale of such bonds is in the best interest of the
26 authority, the authority may negotiate the sale of such bonds
27 with the underwriter designated by the authority and the
28 Division of Bond Finance within the State Board of
29 Administration with respect to bonds issued pursuant to
30 paragraph (a) or solely by the authority with respect to bonds
31 issued pursuant to paragraph (b). The authority's
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1 determination to negotiate the sale of such bonds may be
2 based, in part, upon the written advice of the authority's
3 financial adviser. Pending the preparation of definitive
4 bonds, interim certificates may be issued to the purchaser or
5 purchasers of such bonds and may contain such terms and
6 conditions as the authority may determine.
7 (d) The authority may issue bonds pursuant to
8 paragraph (b) to refund any bonds previously issued regardless
9 of whether the bonds being refunded were issued by the
10 authority pursuant to this chapter or on behalf of the
11 authority pursuant to the State Bond Act.
12 (3) Any such resolution or resolutions authorizing any
13 bonds hereunder may contain provisions that are part of the
14 contract with the holders of such bonds, as to:
15 (a) The pledging of all or any part of the revenues,
16 fares, rates, fees, rentals, or other charges or receipts of
17 the authority, derived by the authority.
18 (b) The completion, improvement, operation, extension,
19 maintenance, repair, or lease of, or lease-purchase agreement
20 relating to, the system and the duties of the authority and
21 others, including the department, with reference thereto.
22 (c) Limitations on the purposes to which the proceeds
23 of the bonds, then or thereafter to be issued, or of any loan
24 or grant by the United States or the state may be applied.
25 (d) The fixing, charging, establishing, and collecting
26 of rates, fees, rentals, or other charges for use of the
27 services and facilities constructed by the authority.
28 (e) The setting aside of reserves or sinking funds or
29 repair and replacement funds and the regulation and
30 disposition thereof.
31 (f) Limitations on the issuance of additional bonds.
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1 (g) The terms and provisions of any lease-purchase
2 agreement, deed of trust, or indenture securing the bonds or
3 under which the same may be issued.
4 (h) Any other or additional agreements with the
5 holders of the bonds which the authority may deem desirable
6 and proper.
7 (4) The authority may employ fiscal agents as provided
8 by this part or the State Board of Administration may, upon
9 request of the authority, act as fiscal agent for the
10 authority in the issuance of any bonds that are issued
11 pursuant to this part, and the State Board of Administration
12 may, upon request of the authority, take over the management,
13 control, administration, custody, and payment of any or all
14 debt services or funds or assets now or hereafter available
15 for any bonds issued pursuant to this part. The authority may
16 enter into any deeds of trust, indentures, or other agreements
17 with its fiscal agent, or with any bank or trust company
18 within or without the state, as security for such bonds and
19 may, under such agreements, sign and pledge all or any of the
20 revenues, rates, fees, rentals, or other charges or receipts
21 of the authority. Such deed of trust, indenture, or other
22 agreement may contain such provisions as are customary in such
23 instruments or as the authority authorizes, including, but
24 without limitation, provisions as to:
25 (a) The completion, improvement, operation, extension,
26 maintenance, repair, and lease of, or lease-purchase agreement
27 relating to, highway, bridge, and related transportation
28 facilities and appurtenances and the duties of the authority
29 and others, including the department, with reference thereto.
30 (b) The application of funds and the safeguarding of
31 funds on hand or on deposit.
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1 (c) The rights and remedies of the trustee and the
2 holders of the bonds.
3 (d) The terms and provisions of the bonds or the
4 resolutions authorizing the issuance of the bonds.
5 (5) Any of the bonds issued pursuant to this part are,
6 and are hereby declared to be, negotiable instruments and have
7 all the qualities and incidents of negotiable instruments
8 under the law merchant and the negotiable instruments law of
9 the state.
10 (6) Notwithstanding any of the provisions of this
11 part, each project, building, or facility that has been
12 financed by the issuance of bonds or other evidence of
13 indebtedness under this part and any refinancing thereof are
14 hereby approved as provided for in s. 11(f), Art. VII of the
15 State Constitution.
16 343.941 Bonds not debts or pledges of faith and credit
17 of state.--Revenue bonds issued under the provisions of this
18 part are not debts of the state or pledges of the faith and
19 credit of the state. Such bonds are payable exclusively from
20 revenues pledged for their payment. Each such bond shall
21 contain a statement on its face that the state is not
22 obligated to pay the same or the interest thereon, except from
23 the revenues pledged for its payment, and that the faith and
24 credit of the state is not pledged to the payment of the
25 principal or interest of such bond. The issuance of revenue
26 bonds under the provisions of this part does not directly,
27 indirectly, or contingently obligate the state to levy or to
28 pledge any form of taxation whatsoever, or to make any
29 appropriation for their payment. No state funds shall be used
30 to pay the principal or interest of any bonds issued to
31 finance or refinance any portion of the authority's
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1 transportation projects, and each such bond shall contain a
2 statement on its face to this effect.
3 343.943 Covenant of the state.--The state does hereby
4 pledge to, and agrees with, any person, firm, or corporation
5 or federal or state agency subscribing to or acquiring the
6 bonds to be issued by the authority for the purposes of this
7 part that the state will not limit or alter the rights hereby
8 vested in the authority and the department until all bonds at
9 any time issued, together with the interest thereon, are fully
10 paid and discharged insofar as the same affects the rights of
11 the holders of bonds issued hereunder. The state does further
12 pledge to, and agree with, the United States that, if any
13 federal agency constructs or contributes any funds for the
14 completion, extension, or improvement of the system or any
15 part or portion thereof, the state will not alter or limit the
16 rights and powers of the authority and the department in any
17 manner which would be inconsistent with the continued
18 maintenance and operation of the system or the completion,
19 extension, or improvement thereof or which would be
20 inconsistent with the due performance of any agreements
21 between the authority and any such federal agency. The
22 authority and the department shall continue to have and may
23 exercise all powers herein granted so long as necessary or
24 desirable for the carrying out of the purposes of this part
25 and the purposes of the United States in the completion,
26 extension, or improvement of the system or any part or portion
27 thereof.
28 343.944 Remedies of the bondholders.--
29 (1) The rights and the remedies in this section
30 conferred upon or granted to the bondholders are in addition
31 to and not in limitation of any rights and remedies lawfully
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1 granted to such bondholders by the resolution or resolutions
2 providing for the issuance of bonds or by a lease-purchase
3 agreement, deed of trust, indenture, or other agreement under
4 which the bonds may be issued or secured. If the authority
5 defaults in the payment of the principal of or interest on any
6 of the bonds issued pursuant to the provisions of this part
7 after such principal of or interest on the bonds becomes due,
8 whether at maturity or upon call for redemption, or the
9 department defaults in any payments under, or covenants made
10 in, any lease-purchase agreement between the authority and the
11 department, and such default continues for a period of 30
12 days, or if the authority or the department fails or refuses
13 to comply with the provisions of this part or any agreement
14 made with, or for the benefit of, the holders of the bonds,
15 the holders of 25 percent in aggregate principal amount of the
16 bonds then outstanding may appoint a trustee to represent such
17 bondholders for the purposes hereof, if such holders of 25
18 percent in aggregate principal amount of the bonds then
19 outstanding shall first give notice of their intention to
20 appoint a trustee to the authority and to the department. Such
21 notice shall be deemed to have been given if given in writing,
22 deposited in a securely sealed postpaid wrapper, mailed at a
23 regularly maintained United States post office box or station,
24 and addressed, respectively, to the chair of the authority and
25 to the secretary of the department at the principal office of
26 the department.
27 (2) Such trustee and any trustee under any deed of
28 trust, indenture, or other agreement may and, upon written
29 request of the holders of 25 percent or such other percentages
30 as are specified in any deed of trust, indenture, or other
31 agreement aforesaid in principal amount of the bonds then
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1 outstanding, shall, in any court of competent jurisdiction, in
2 his, her, or its own name:
3 (a) By mandamus or other suit, action, or proceeding
4 at law or in equity, enforce all rights of the bondholders,
5 including the right to require the authority to fix,
6 establish, maintain, collect, and charge rates, fees, rentals,
7 and other charges adequate to carry out any agreement as to or
8 pledge of the revenues or receipts of the authority, to carry
9 out any other covenants and agreements with or for the benefit
10 of the bondholders, and to perform its and their duties under
11 this part.
12 (b) By mandamus or other suit, action, or proceeding
13 at law or in equity, enforce all rights of the bondholders
14 under or pursuant to any lease-purchase agreement between the
15 authority and the department, including the right to require
16 the department to make all rental payments required to be made
17 by it under the provisions of any such lease-purchase
18 agreement and to require the department to carry out any other
19 covenants and agreements with or for the benefit of the
20 bondholders and to perform its and their duties under this
21 part.
22 (c) Bring suit upon the bonds.
23 (d) By action or suit in equity, require the authority
24 or the department to account as if it were the trustee of an
25 express trust for the bondholders.
26 (e) By action or suit in equity, enjoin any acts or
27 things that may be unlawful or in violation of the rights of
28 the bondholders.
29 (3) Any trustee, when appointed as aforesaid or acting
30 under a deed of trust, indenture, or other agreement, and
31 regardless of whether all bonds have been declared due and
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1 payable, may appoint a receiver who may enter upon and take
2 possession of the system or the facilities or any part or
3 parts thereof, the rates, fees, rentals, or other revenues,
4 charges, or receipts from which are or may be applicable to
5 the payment of the bonds so in default, and, subject to and in
6 compliance with the provisions of any lease-purchase agreement
7 between the authority and the department, operate and maintain
8 the same for and on behalf of and in the name of the
9 authority, the department, and the bondholders, and collect
10 and receive all rates, fees, rentals, and other charges or
11 receipts or revenues arising therefrom in the same manner as
12 the authority or the department might do, and shall deposit
13 all such moneys in a separate account and apply such moneys in
14 such manner as the court shall direct. In any suit, action, or
15 proceeding by the trustee, the fees, counsel fees, and
16 expenses of the trustee and the receiver, if any, and all
17 costs and disbursements allowed by the court shall be a first
18 charge on any rates, fees, rentals, or other charges,
19 revenues, or receipts derived from the system or the
20 facilities or services or any part or parts thereof, including
21 payments under any such lease-purchase agreement as aforesaid,
22 which rates, fees, rentals, or other charges, revenues, or
23 receipts may be applicable to the payment of the bonds so in
24 default. Such trustee, in addition to the foregoing, possesses
25 all of the powers necessary for the exercise of any functions
26 specifically set forth herein or incident to the
27 representation of the bondholders in the enforcement and
28 protection of their rights.
29 (4) This section or any other section of this part
30 does not authorize any receiver appointed pursuant hereto for
31 the purpose, subject to and in compliance with the provisions
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1 of any lease-purchase agreement between the authority and the
2 department, of operating and maintaining the system or any
3 facilities or part or parts thereof to sell, assign, mortgage,
4 or otherwise dispose of any of the assets of whatever kind and
5 character belonging to the authority. It is the intention of
6 this part to limit the powers of such receiver, subject to and
7 in compliance with the provisions of any lease-purchase
8 agreement between the authority and the department, to the
9 operation and maintenance of the system or any facility or
10 part or parts thereof, as the court may direct, in the name of
11 and for and on behalf of the authority, the department, and
12 the bondholders. In any suit, action, or proceeding at law or
13 in equity, a holder of bonds on the authority, a trustee, or
14 any court may not compel or direct a receiver to sell, assign,
15 mortgage, or otherwise dispose of any assets of whatever kind
16 or character belonging to the authority. A receiver also may
17 not be authorized to sell, assign, mortgage, or otherwise
18 dispose of any assets of whatever kind or character belonging
19 to the authority in any suit, action, or proceeding at law or
20 in equity.
21 343.945 Pledges enforceable by bondholders.--It is the
22 express intention of this part that any pledge to the
23 authority by the department of rates, fees, revenues, or other
24 funds as rentals, or any covenants or agreements relative
25 thereto, is enforceable in any court of competent jurisdiction
26 against the authority or directly against the department by
27 any holder of bonds issued by the authority.
28 343.946 Lease-purchase agreement.--
29 (1) In order to effectuate the purposes of this part
30 and as authorized by this part, the authority may enter into a
31 lease-purchase agreement with the department relating to and
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1 covering authority projects within the seven-county Tampa Bay
2 region.
3 (2) Such lease-purchase agreement shall provide for
4 the leasing of the system by the authority, as lessor, to the
5 department, as lessee, shall prescribe the term of such lease
6 and the rentals to be paid thereunder, and shall provide that,
7 upon the completion of the faithful performance thereunder and
8 the termination of such lease-purchase agreement, title in fee
9 simple absolute to the system as then constituted shall be
10 transferred in accordance with law by the authority to the
11 state and the authority shall deliver to the department such
12 deeds and conveyances as shall be necessary or convenient to
13 vest title in fee simple absolute in the state.
14 (3) Such lease-purchase agreement may include such
15 other provisions, agreements, and covenants as the authority
16 and the department deem advisable or required, including, but
17 not limited to, provisions as to the bonds to be issued for
18 the purposes of this part, the completion, extension,
19 improvement, operation, and maintenance of the system and the
20 expenses and the cost of operation of the authority, the
21 charging and collection of tolls, rates, fees, and other
22 charges for the use of the services and facilities thereof,
23 and the application of federal or state grants or aid which
24 may be made or given to assist the authority in the
25 completion, extension, improvement, operation, and maintenance
26 of the system.
27 (4) The department as lessee under such lease-purchase
28 agreement may pay as rentals thereunder any rates, fees,
29 charges, funds, moneys, receipts, or income accruing to the
30 department from the operation of the system and may also pay
31 as rentals any appropriations received by the department
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1 pursuant to any act of the Legislature heretofore or hereafter
2 enacted; however, nothing in this section or in such
3 lease-purchase agreement is intended to require, nor shall
4 this part or such lease-purchase agreement require, the making
5 or continuance of such appropriations, nor shall any holder of
6 bonds issued pursuant to this part ever have any right to
7 compel the making or continuance of such appropriations.
8 (5) The department shall have power to covenant in any
9 lease-purchase agreement that it will pay all or any part of
10 the cost of the operation, maintenance, repair, renewal, and
11 replacement of facilities, and any part of the cost of
12 completing facilities to the extent that the proceeds of bonds
13 issued are insufficient, from sources other than the revenues
14 derived from the operation of the system.
15 343.947 Department may be appointed agent of authority
16 for construction.--The department may be appointed by the
17 authority as its agent for the purpose of constructing and
18 completing transportation projects, and improvements and
19 extensions thereto, in the authority's master plan. In such
20 event, the authority shall provide the department with
21 complete copies of all documents, agreements, resolutions,
22 contracts, and instruments relating thereto; shall request the
23 department to do such construction work, including the
24 planning, surveying, and actual construction of the
25 completion, extensions, and improvements to the system; and
26 shall transfer to the credit of an account of the department
27 in the treasury of the state the necessary funds therefor. The
28 department shall proceed with such construction and use the
29 funds for such purpose in the same manner that it is now
30 authorized to use the funds otherwise provided by law for its
31 use in construction of commuter rail systems, transit systems,
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1 ferry systems, roads, bridges, and related transportation
2 facilities.
3 343.95 Acquisition of lands and property.--
4 (1) For the purposes of this part, the authority may
5 acquire private or public property and property rights,
6 including rights of access, air, view, and light, by gift,
7 devise, purchase, or condemnation by eminent domain
8 proceedings, as the authority may deem necessary for any
9 purpose of this part, including, but not limited to, any lands
10 reasonably necessary for securing applicable permits, areas
11 necessary for management of access, borrow pits, drainage
12 ditches, water retention areas, rest areas, replacement access
13 for landowners whose access is impaired due to the
14 construction of a facility, and replacement rights-of-way for
15 relocated rail and utility facilities; for existing, proposed,
16 or anticipated transportation facilities within the
17 seven-county Tampa Bay region identified by the authority; or
18 for the purposes of screening, relocation, removal, or
19 disposal of junkyards and scrap metal processing facilities.
20 The authority may condemn any material and property necessary
21 for such purposes.
22 (2) The right of eminent domain herein conferred shall
23 be exercised by the authority in the manner provided by law.
24 (3) When the authority acquires property for a
25 transportation facility within the seven-county Tampa Bay
26 region, the authority is not subject to any liability imposed
27 by chapter 376 or chapter 403 for preexisting soil or
28 groundwater contamination due solely to its ownership. This
29 subsection does not affect the rights or liabilities of any
30 past or future owners of the acquired property, nor does it
31 affect the liability of any governmental entity for the
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1 results of its actions which create or exacerbate a pollution
2 source. The authority and the Department of Environmental
3 Protection may enter into interagency agreements for the
4 performance, funding, and reimbursement of the investigative
5 and remedial acts necessary for property acquired by the
6 authority.
7 343.96 Cooperation with other units, boards, agencies,
8 and individuals.--Express authority and power is hereby given
9 and granted to any county, municipality, drainage district,
10 road and bridge district, school district, or any other
11 political subdivision, board, commission, or individual in or
12 of the state to make and enter into contracts, leases,
13 conveyances, partnerships, or other agreements with the
14 authority within the provisions and purposes of this part. The
15 authority may make and enter into contracts, leases,
16 conveyances, partnerships, and other agreements with any
17 political subdivision, agency, or instrumentality of the state
18 and any and all federal agencies, corporations, and
19 individuals for the purpose of carrying out the provisions of
20 this part.
21 343.962 Public-private partnerships.--
22 (1) The authority may receive or solicit proposals and
23 enter into agreements with private entities or consortia
24 thereof for the building, operation, ownership, or financing
25 of multimodal transportation systems, transit-oriented
26 development nodes, transit stations, or related facilities
27 within the jurisdiction of the authority. Before approval, the
28 authority must determine that a proposed project:
29 (a) Is in the public's best interest.
30
31
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1 (b) Would not require state funds to be used unless
2 the project is on or provides increased mobility on the State
3 Highway System.
4 (c) Would have adequate safeguards to ensure that
5 additional costs or unreasonable service disruptions would not
6 be realized by the traveling public and citizens of the state
7 in the event of default or the cancellation of the agreement
8 by the authority.
9 (2) The authority shall ensure that all reasonable
10 costs to the state related to transportation facilities that
11 are not part of the State Highway System are borne by the
12 private entity or any partnership created to develop the
13 facilities. The authority shall also ensure that all
14 reasonable costs to the state and substantially affected local
15 governments and utilities related to the private
16 transportation facility are borne by the private entity for
17 transportation facilities that are owned by private entities.
18 For projects on the State Highway System or that provide
19 increased mobility on the State Highway System, the department
20 may use state resources to participate in funding and
21 financing the project as provided for under the department's
22 enabling legislation.
23 (3) The authority may request proposals and receive
24 unsolicitated proposals for public-private multimodal
25 transportation projects and, upon receipt of any unsolicitated
26 proposal or determination to issue a request for proposals,
27 the authority must publish a notice in the Florida
28 Administrative Weekly and a newspaper of general circulation
29 in the county in which the proposed project is located at
30 least once a week for 2 weeks stating that it has received the
31 proposal and will accept, for 60 days after the initial date
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1 of publication, other proposals for the same project purpose.
2 A copy of the notice must be mailed to each local government
3 in the affected areas. After the public notification period
4 has expired, the authority shall rank the proposals in order
5 of preference. In ranking the proposals, the authority shall
6 consider professional qualifications, general business terms,
7 innovative engineering or cost-reduction terms, finance plans,
8 and the need for state funds to deliver the proposal. If the
9 authority is not satisfied with the results of the
10 negotiations, it may, at its sole discretion, terminate
11 negotiations with the proposer. If these negotiations are
12 unsuccessful, the authority may go to the second and
13 lower-ranked firms, in order, using the same procedure. If
14 only one proposal is received, the authority may negotiate in
15 good faith and, if it is not satisfied with the results, it
16 may, at its sole discretion, terminate negotiations with the
17 proposer. Notwithstanding this subsection, the authority may,
18 at its discretion, reject all proposals at any point in the
19 process up to completion of a contract with the proposer.
20 (4) Agreements entered into pursuant to this section
21 may authorize the public-private entity to impose tolls or
22 fares for the use of the facility. However, the amount and use
23 of toll or fare revenues shall be regulated by the authority
24 to avoid unreasonable costs to users of the facility.
25 (5) Each public-private transportation facility
26 constructed pursuant to this section shall comply with all
27 requirements of federal, state, and local laws; state,
28 regional, and local comprehensive plans; the authority's
29 rules, policies, procedures, and standards for transportation
30 facilities; and any other conditions that the authority
31 determines to be in the public's best interest.
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1 (6) The authority may exercise any of its powers,
2 including eminent domain, to facilitate the development and
3 construction of multimodal transportation projects pursuant to
4 this section. The authority may pay all or part of the cost of
5 operating and maintaining the facility or may provide services
6 to the private entity, for which services it shall receive
7 full or partial reimbursement.
8 (7) Except as provided in this section, this section
9 is not intended to amend existing law by granting additional
10 powers to or imposing further restrictions on the governmental
11 entities with regard to regulating and entering into
12 cooperative arrangements with the private sector for the
13 planning, construction, and operation of transportation
14 facilities.
15 (8) The authority may adopt rules pursuant to ss.
16 120.536(1) and 120.54 to implement this section and shall, by
17 rule, establish an application fee for the submission of
18 unsolicited proposals under this section. The fee must be
19 sufficient to pay the costs of evaluating the proposals.
20 343.97 Exemption from taxation.--The effectuation of
21 the authorized purposes of the authority created under this
22 part is for the benefit of the people of this state, for the
23 increase of their commerce and prosperity, and for the
24 improvement of their health and living conditions and, because
25 the authority performs essential governmental functions in
26 effectuating such purposes, the authority is not required to
27 pay any taxes or assessments of any kind or nature whatsoever
28 upon any property acquired or used by it for such purposes, or
29 upon any rates, fees, rentals, receipts, income, or charges at
30 any time received by it. The bonds issued by the authority,
31 their transfer, and the income therefrom, including any
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1 profits made on the sale thereof, shall at all times be free
2 from taxation of any kind by the state or by any political
3 subdivision, taxing agency, or instrumentality thereof. The
4 exemption granted by this section does not apply to any tax
5 imposed by chapter 220 on interest, income, or profits on debt
6 obligations owned by corporations.
7 343.973 Eligibility for investments and security.--Any
8 bonds or other obligations issued pursuant to this part shall
9 be and constitute legal investments for banks, savings banks,
10 trustees, executors, administrators, and all other fiduciaries
11 and for all state, municipal, and other public funds and shall
12 also be and constitute securities eligible for deposit as
13 security for all state, municipal, or other public funds,
14 notwithstanding the provisions of any other law to the
15 contrary.
16 343.975 Complete and additional statutory authority.--
17 (1) The powers conferred by this part are supplemental
18 to the existing powers of the board and the department. This
19 part does not repeal any of the provisions of any other law,
20 general, special, or local, but supplements such other laws in
21 the exercise of the powers provided in this part and provides
22 a complete method for the exercise of the powers granted in
23 this part. The projects planned and constructed by the Tampa
24 Bay Regional Transportation Authority shall comply with all
25 applicable federal, state, and local laws. The extension and
26 improvement of the system, and the issuance of bonds hereunder
27 to finance all or part of the cost thereof, may be
28 accomplished upon compliance with the provisions of this part
29 without regard to or necessity for compliance with the
30 provisions, limitations, or restrictions contained in any
31 other general, special, or local law, including, but not
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Florida Senate - 2007 CS for CS for CS for SB 506
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1 limited to, s. 215.821. An approval of any bonds issued under
2 this part by the qualified electors or qualified electors who
3 are freeholders in the state or in any other political
4 subdivision of the state is not required for the issuance of
5 such bonds pursuant to this part.
6 (2) This part does not repeal, rescind, or modify any
7 other law relating to the State Board of Administration, the
8 Department of Transportation, the Tampa-Hillsborough County
9 Expressway Authority, or the Division of Bond Finance within
10 the State Board of Administration; however, this part
11 supersedes such other laws as are inconsistent with its
12 provisions, including, but not limited to, s. 215.821.
13 (3) This part does not preclude the department from
14 acquiring, holding, constructing, improving, maintaining,
15 operating, or owning tolled or nontolled facilities funded and
16 constructed from nonauthority sources that are part of the
17 State Highway System within the geographical boundaries of the
18 Tampa Bay Regional Transportation Authority.
19 Section 2. This act shall take effect July 1, 2007.
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Florida Senate - 2007 CS for CS for CS for SB 506
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/CS Senate Bill 506
3
4 The committee substitute for CS/CS SB 506 incorporates the
following changes:
5
- Removes "coordination" from the list of terms defined in
6 the act.
7 - Clarifies the structure of the Regional Transportation
Authority Board and provides an appointment process for
8 the board and establishes a maximum time period from
creation that the board should hold its first meeting.
9
- Clarifies that project identification shall be and
10 prioritization may be included in the Regional
Transportation Authority's Master Plan.
11
- Requires the Regional Transportation Authority to adopt a
12 conflict resolution process to address conflicts between
the authority's Master Plan and local government
13 comprehensive plans.
14 - Requires the Regional Transportation Authority's
transportation oriented projects to be consistent, to the
15 maximum extent feasible, with local comprehensive plans.
16 - Requires the Regional Transportation Authority to hold
public meetings in each county within its region, prior
17 to final adoption of the authority's Master Plan.
18 - Clarifies that the Regional Transportation Authority may
receive unsolicited proposals for Public-Private
19 multimodal transportation projects.
20 - Clarifies the Regional Transportation Authority's
responsibility regarding the resolution of potential
21 inconsistencies among local comprehensive plans at the
time projects are funded for construction.
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- Requires one nonvoting, ex-officio member of the board,
23 instead of two, who shall be appointed by the Department
of Transportation Secretary, and must be the district
24 secretary, from one of the districts (District One or
Seven) serving the region.
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