Senate Bill sb0506e1

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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 Area Regional

  5         Transportation Authority Act; creating s.

  6         343.90, F.S.; creating s. 343.91, F.S.;

  7         providing definitions; creating s. 343.92,

  8         F.S.; creating the Tampa Bay Area Regional

  9         Transportation Authority, comprising Citrus,

10         Hernando, Hillsborough, Manatee, Pasco,

11         Pinellas, and Sarasota Counties; providing for

12         organization and membership; providing for

13         reimbursement of travel expenses and per diem;

14         requiring members to comply with specified

15         financial disclosure provisions; providing for

16         employees and advisory committees; creating s.

17         343.922, F.S.; specifying purposes of the

18         authority; providing for rights, powers, and

19         duties of the authority; authorizing the

20         authority to construct, operate, and maintain

21         certain multimodal transportation systems;

22         authorizing the authority to collect fares and

23         tolls on its transportation facilities;

24         requiring the authority to develop and adopt a

25         regional multimodal transportation master plan

26         by a date certain; providing for content,

27         updates, and use of the plan; authorizing the

28         authority to request funding and technical

29         assistance; authorizing the authority to borrow

30         money, enter into partnerships and other

31         agreements, enter into and make lease-purchase


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 1         agreements, and make contracts for certain

 2         purposes; specifying that the authority does

 3         not have power to pledge the credit or taxing

 4         power of the state; creating s. 343.94, F.S.;

 5         providing legislative approval of bond

 6         financing by the authority for its projects;

 7         providing for issuance of the bonds by the

 8         authority or the Division of Bond Finance;

 9         providing for contract with bondholders;

10         authorizing the authority to employ fiscal

11         agents; authorizing the State Board of

12         Administration to act as fiscal agent; creating

13         s. 343.941, F.S.; providing that the

14         authority's bonds are not debts or pledges of

15         faith and credit of the state; creating s.

16         343.943, F.S.; providing a state covenant with

17         bondholders; creating s. 343.944, F.S.;

18         providing certain rights and remedies for

19         bondholders; creating s. 343.945, F.S.;

20         providing for enforcement by bondholders of

21         pledges to the authority from the department;

22         creating s. 343.946, F.S.; providing for

23         lease-purchase agreements between the authority

24         and the department; creating s. 343.947, F.S.;

25         providing for the department to act as an agent

26         for the authority for the purposes of

27         constructing and completing the authority's

28         projects; creating s. 343.95, F.S.; providing

29         for the authority to purchase property and

30         property rights; creating s. 343.96, F.S.;

31         providing for the authority to enter into


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 1         cooperative agreements with other entities and

 2         persons; creating s. 343.962, F.S.; providing

 3         for the authority to enter into certain

 4         public-private agreements under certain

 5         conditions; providing procedures for proposals

 6         for public-private multimodal transportation

 7         projects; authorizing the public-private entity

 8         to impose certain tolls or fares for use of the

 9         systems; providing criteria for the constructed

10         systems; authorizing the authority to use

11         certain powers to facilitate project

12         development, construction, and operation;

13         providing intent relating to governmental

14         entities; authorizing the authority to adopt

15         certain rules and establish an application fee;

16         creating s. 343.97, F.S.; exempting the

17         authority from certain taxation; creating s.

18         343.973, F.S.; specifying that bonds or other

19         obligations issued by the authority are legal

20         investments constituting securities for certain

21         purposes; creating s. 343.975, F.S.; providing

22         for application, effect, or supersession of

23         specified provisions; providing an effective

24         date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Part V of chapter 343, Florida Statutes,

29  consisting of sections 343.90, 343.91, 343.92, 343.922,

30  343.94, 343.941, 343.943, 343.944, 343.945, 343.946, 343.947,

31  


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 1  343.95, 343.96, 343.962, 343.97, 343.973, and 343.975, is

 2  created to read:

 3         343.90  Short title.--This part may be cited as the

 4  "Tampa Bay Area Regional Transportation Authority Act."

 5         343.91  Definitions.--

 6         (1)  As used in this part, the term:

 7         (a)  "Authority" means the Tampa Bay Regional

 8  Transportation Authority, the body politic and corporate and

 9  agency of the state created by this part, covering the

10  seven-county area comprised of Citrus, Hernando, Hillsborough,

11  Pasco, Pinellas, Manatee, and Sarasota Counties.

12         (b)  "Board" means the governing body of the authority.

13         (c)  "Bonds" means the notes, bonds, refunding bonds,

14  or other evidences of indebtedness or obligations, in either

15  temporary or definitive form, which the authority is

16  authorized to issue under this part.

17         (d)1.  "Bus rapid transit" means a type of limited-stop

18  bus service that relies on technology to help expedite service

19  through priority for transit, rapid and convenient fare

20  collection, and integration with land use to substantially

21  upgrade performance of buses operating on exclusive,

22  high-occupancy-vehicle lanes, expressways, or ordinary

23  streets.

24         2.  "Express bus" means a type of bus service designed

25  to expedite longer trips, especially in major metropolitan

26  areas during heavily patronized peak commuting hours, by

27  operating over long distances without stopping on freeways or

28  partially controlled access roadway facilities.

29         (e)1.  "Commuter rail" means a complete system of

30  tracks, guideways, stations, and rolling stock necessary to

31  effectuate medium-distance to long-distance passenger rail


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 1  service to, from, or within the municipalities within the

 2  authority's designated seven-county region.

 3         2.  "Heavy rail transit" means a complete rail system

 4  operating on an electric railway with the capacity for a heavy

 5  volume of traffic, characterized by high-speed and

 6  rapid-acceleration passenger rail cars operating singly or in

 7  multicar trains on fixed rails in separate rights-of-way from

 8  which all other vehicular and pedestrian traffic are excluded.

 9  "Heavy rail transit" includes metro, subway, elevated, rapid

10  transit, and rapid rail systems.

11         3.  "Light rail transit" means a complete system of

12  tracks, overhead catenaries, stations, and platforms with

13  lightweight passenger rail cars operating singly or in short,

14  multicar trains on fixed rails in rights-of-way that are not

15  separated from other traffic for much of the way.

16         (f)  "Consultation" means that one party confers with

17  another identified party in accordance with an established

18  process and, prior to taking action, considers that party's

19  views and periodically informs that party about actions taken.

20         (g)  "Department" means the Florida Department of

21  Transportation.

22         (h)  "Lease-purchase agreement" means a lease-purchase

23  agreement that the authority is authorized under this part to

24  enter into with the department.

25         (i)  "Limited access expressway" or "expressway" means

26  a street or highway especially designed for through traffic

27  and over, from, or to which a person does not have the right

28  of easement, use, or access except in accordance with the

29  rules adopted and established by the authority for the use of

30  such facility.

31  


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 1         (j)  "Members" means the individuals constituting the

 2  governing body of the authority.

 3         (k)  "Multimodal transportation system" means a

 4  well-connected network of transportation modes reflecting a

 5  high level of accessibility between modes and proximity to

 6  supportive land use patterns.

 7         (l)  "Park-and-ride lot" means a transit station stop

 8  or a carpool or vanpool waiting area to which patrons may

 9  drive private vehicles for parking before gaining access to

10  transit, commuter rail, or heavy rail systems or taking

11  carpool or vanpool vehicles to their destinations.

12         (m)  "State Board of Administration" means the body

13  corporate existing under the provisions of s. 9, Art. XII of

14  the State Constitution, or any successor thereto.

15         (n)  "Transit-oriented development" means a mixed-use

16  residential or commercial area designed to maximize access to

17  public transportation and often incorporates features to

18  encourage transit ridership. A transit-oriented development

19  neighborhood typically has a center with a train station, tram

20  stop, or bus station surrounded by relatively high-density

21  development with progressively lower-density development

22  spreading outward from the center, typically within 1/2 mile

23  of the stop or station.

24         (o)  "Transit station" means a public transportation

25  passenger facility that is accessible either at street level

26  or on above-grade platforms and often surrounded by

27  pedestrian-friendly, higher-density development or

28  park-and-ride lots.

29         (2)  Terms importing singular number include the plural

30  number in each case and vice versa, and terms importing

31  persons include firms and corporations.


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 1         343.92  Tampa Bay Area Regional Transportation

 2  Authority.--

 3         (1)  There is created and established a body politic

 4  and corporate, an agency of the state, to be known as the

 5  Tampa Bay Area Regional Transportation Authority.

 6         (2)  The governing board of the authority shall consist

 7  of 16 members.

 8         (a)  There shall be one nonvoting, ex officio member of

 9  the board who shall be appointed by the secretary of the

10  department but who must be the district secretary for one of

11  the department districts within the seven-county area of the

12  authority, at the discretion of the secretary of the

13  department.

14         (b)  There shall be 15 voting members of the board as

15  follows:

16         1.  The county commissions of Citrus, Hernando,

17  Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties

18  shall each appoint one elected official to the board. Members

19  appointed under this subparagraph shall serve 2-year terms

20  with not more than three consecutive terms being served by any

21  person. If a member under this subparagraph leaves elected

22  office, a vacancy exists on the board to be filled as provided

23  in this subparagraph.

24         2.  The West Central Florida M.P.O. Chairs Coordinating

25  Committee shall appoint one member to the board who must be a

26  chair of one of the six metropolitan planning organizations in

27  the region. The member appointed under this subparagraph shall

28  serve a 2-year term with not more than three consecutive terms

29  being served by any person.

30         3.a.  Two members of the board shall be the mayor, or

31  the mayor's designee, of the largest municipality within the


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 1  service area of each of the following independent transit

 2  agencies or their legislatively created successor agencies:

 3  Pinellas Suncoast Transit Authority and Hillsborough Area

 4  Regional Transit Authority. The largest municipality is that

 5  municipality with the largest population as determined by the

 6  most recent United States Decennial Census.

 7         b.  Should a mayor choose not to serve, his or her

 8  designee must be an elected official selected by the mayor

 9  from that largest municipality's city council or city

10  commission. A mayor or his or her designee shall serve a

11  2-year term with not more than three consecutive terms being

12  served by any person.

13         c.  A designee's term ends if the mayor leaves office

14  for any reason. If a designee leaves elected office on the

15  city council or commission, a vacancy exists on the board to

16  be filled by the mayor of that municipality as provided in

17  sub-subparagraph a.

18         d.  A mayor who has served three consecutive terms on

19  the board must designate an elected official from that largest

20  municipality's city council or city commission to serve on the

21  board for at least one term.

22         4.a.  One membership on the board shall rotate every 2

23  years between the mayor, or his or her designee, of the

24  largest municipality within Manatee County and the mayor, or

25  his or her designee, of the largest municipality within

26  Sarasota County. The mayor, or his or her designee, from the

27  largest municipality within Manatee County shall serve the

28  first 2-year term. The largest municipality is that

29  municipality with the largest population as determined by the

30  most recent United States Decennial Census.

31  


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 1         b.  Should a mayor choose not to serve, his or her

 2  designee must be an elected official selected by the mayor

 3  from that municipality's city council or city commission.

 4         5.  The Governor shall appoint to the board four

 5  business representatives, each of whom must reside in one of

 6  the seven counties governed by the authority, none of whom may

 7  be elected officials, and at least one but not more than two

 8  of whom shall represent counties within the federally

 9  designated Tampa Bay Transportation Management Area. Members

10  appointed by the Governor shall serve 3-year terms with not

11  more than two consecutive terms being served by any person.

12         (c)  Appointments may be staggered to avoid mass

13  turnover at the end of any 2-year or 4-year period. A vacancy

14  during a term shall be filled by the respective appointing

15  authority within 90 days in the same manner as the original

16  appointment and only for the remainder of the unexpired term.

17         (3)  The members of the board shall serve without

18  compensation but shall be entitled to receive from the

19  authority reimbursement for travel expenses and per diem

20  actually incurred in connection with the business of the

21  authority as provided in s. 112.061.

22         (4)  Members of the board shall comply with the

23  applicable financial disclosure requirements of ss. 112.3145,

24  112.3148, and 112.3149.

25         (5)  The Governor shall appoint the initial chairman

26  from among the full membership of the board immediately upon

27  their appointment. In no case may those appointments be made

28  any later than 45 days following the creation of the

29  authority. The chairman will hold this position for a minimum

30  term of 2 years. The board shall elect a vice chair and

31  secretary-treasurer from among its members who shall serve a


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 1  minimum term of 1 year and shall establish the duties and

 2  powers of those positions during its inaugural meeting. During

 3  its inaugural meeting, the board will also establish its rules

 4  of conduct and meeting procedures.

 5         (6)  At the end of the initial chairman's term, the

 6  board shall elect a chair from among its members. The chair

 7  shall hold office at the will of the board. In that election,

 8  the board shall also elect a vice chair and

 9  secretary-treasurer.

10         (7)  The first meeting of the authority shall be held

11  no later than 60 days after the creation of the authority.

12         (8)  Eight members of the board shall constitute a

13  quorum, and the vote of eight members is necessary for any

14  action to be taken by the authority. The authority may meet

15  upon the constitution of a quorum. A vacancy does not impair

16  the right of a quorum of the board to exercise all rights and

17  the ability to perform all duties of the authority.

18         (9)  The board may establish committees for the

19  following areas:

20         (a)  Planning.

21         (b)  Policy.

22         (c)  Finance.

23         (10)  The authority may employ an executive director,

24  an 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, except for duties specified in chapter 120, delegate its

 2  power to one or more of its agents or employees to carry out

 3  the purposes of this part, subject always to the supervision

 4  and control of the authority.

 5         (11)(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. The master

13  plan shall identify and may prioritize projects that will

14  accomplish these goals and objectives, including, without

15  limitation, the creation of express bus and bus rapid transit

16  services, light rail, commuter rail, and heavy rail transit

17  services, ferry services, freight services, and any other

18  multimodal transportation system projects that address

19  critical transportation needs or concerns, pursuant to

20  subsection (2); and identify the costs of the proposed

21  projects and revenue sources that could be used to pay those

22  costs. In developing the master plan, the authority shall

23  review and coordinate with the future land use, capital

24  improvements, and traffic circulation elements of its member

25  local governments' comprehensive plans and the plans,

26  programs, and schedules of other units of government having

27  transit or transportation authority within whose jurisdictions

28  the projects or improvements will be located to define and

29  resolve potential inconsistencies between such plans and the

30  authority's developing master plan. By July 1, 2008, the

31  authority, working with its member local governments, shall


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 1  adopt a mandatory conflict-resolution process that addresses

 2  consistency conflicts between the authority's regional

 3  transportation master plan and local government comprehensive

 4  plans.

 5         (b)  The authority shall consult with the department to

 6  further the goals and objectives of the Strategic Regional

 7  Transit Needs Assessment completed by the department.

 8         (c)  Before the adoption of the master plan, the

 9  authority shall hold at least one public meeting in each of

10  the seven counties within the designated region. At least one

11  public hearing must be held before the authority's board.

12         (d)  After its adoption, the master plan shall be

13  updated every 2 years before July 1.

14         (e)  The authority shall present the original master

15  plan and updates to the governing bodies of the counties

16  within the seven-county region, to the West Central Florida

17  M.P.O. Chairs Coordinating Committee, and to the legislative

18  delegation members representing those counties within 90 days

19  after adoption.

20         (f)  The authority shall coordinate plans and projects

21  with the West Central Florida M.P.O. Chairs Coordinating

22  Committee, to the extent practicable, and participate in the

23  regional M.P.O. planning process to ensure regional

24  comprehension of the authority's mission, goals, and

25  objectives.

26         (4)  The authority may undertake projects or other

27  improvements in the master plan in phases as particular

28  projects or segments become feasible, as determined by the

29  authority. The authority shall coordinate project planning,

30  development, and implementation with the applicable local

31  governments. The authority's projects that are transportation


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 1  oriented shall be consistent to the maximum extent feasible

 2  with the adopted local government comprehensive plans at the

 3  time they are funded for construction. Authority projects that

 4  are not transportation oriented and meet the definition of

 5  development pursuant to s. 380.04 shall be consistent with the

 6  local comprehensive plans. In carrying out its purposes and

 7  powers, the authority may request funding and technical

 8  assistance from the department and appropriate federal and

 9  local agencies, including, but not limited to, state

10  infrastructure bank loans, advances from the Toll Facilities

11  Revolving Trust Fund, and funding and technical assistance

12  from any other source.

13         (5)  The authority is granted and may exercise all

14  powers necessary, appurtenant, convenient, or incidental to

15  the carrying out of the aforesaid purposes, including, but not

16  limited to, the following rights and powers:

17         (a)  To sue and be sued, implead and be impleaded, and

18  complain and defend in all courts in its own name.

19         (b)  To adopt and use a corporate seal.

20         (c)  To have the power of eminent domain, including the

21  procedural powers granted under chapters 73 and 74.

22         (d)  To acquire by donation or otherwise, purchase,

23  hold, construct, maintain, improve, operate, own, lease as a

24  lessee, and use any franchise or property, real, personal, or

25  mixed, tangible or intangible, or any option thereof in its

26  own name or in conjunction with others, or any interest

27  therein, necessary or desirable for carrying out the purposes

28  of the authority.

29         (e)  To sell, convey, exchange, lease as a lessor,

30  transfer, or otherwise dispose of any real or personal

31  


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 1  property, or interest therein, acquired by the authority,

 2  including air rights.

 3         (f)  To fix, alter, establish, and collect rates,

 4  fares, fees, rentals, tolls, and other charges for the

 5  services and use of any light rail, commuter rail, heavy rail,

 6  bus rapid transit, or express bus services, ferry services,

 7  highways, feeder roads, bridges, or other transportation

 8  facilities owned or operated by the authority. These rates,

 9  fares, fees, rentals, tolls, and other charges shall always be

10  sufficient to comply with any covenants made with the holders

11  of any bonds issued pursuant to this part; however, such right

12  and power may be assigned or delegated by the authority to the

13  department.

14         (g)  To borrow money and to make and issue negotiable

15  notes, bonds, refunding bonds, and other evidences of

16  indebtedness or obligations, either in temporary or definitive

17  form, hereinafter in this chapter sometimes called "revenue

18  bonds" of the authority, for the purpose of financing all or

19  part of the mobility improvements within the Tampa Bay region,

20  as well as the appurtenant facilities, including all

21  approaches, streets, roads, bridges, and avenues of access

22  authorized by this part, the bonds to mature not exceeding 40

23  years after the date of the issuance thereof, and to secure

24  the payment of such bonds or any part thereof by a pledge of

25  any or all of its revenues, rates, fees, rentals, or other

26  charges.

27         (h)  To adopt bylaws for the regulation of the affairs

28  and the conduct of the business of the authority. The bylaws

29  shall provide for quorum and voting requirements, maintenance

30  of minutes and other official records, and preparation and

31  adoption of an annual budget.


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 1         (i)  To lease, rent, or contract for the operation or

 2  management of any part of a transportation system facility

 3  built by the authority. In awarding any contract, the

 4  authority shall consider, but is not limited to, the

 5  following:

 6         1.  The qualifications of each applicant.

 7         2.  The level or quality of service.

 8         3.  The efficiency, cost, and anticipated revenue.

 9         4.  The construction, operation, and management plan.

10         5.  The financial ability to provide reliable service.

11         6.  The impact on other transportation modes, including

12  the ability to interface with other transportation modes and

13  facilities.

14         (j)  To enforce collection of rates, fees, tolls, and

15  charges and to establish and enforce fines and penalties for

16  violations of any rules.

17         (k)  To advertise, market, and promote regional transit

18  services and facilities, freight mobility plans and projects,

19  and the general activities of the authority.

20         (l)  To cooperate with other governmental entities and

21  to contract with other governmental agencies, including the

22  Federal Government, the department, counties, transit

23  authorities or agencies, municipalities, and expressway and

24  bridge authorities.

25         (m)  To enter into joint development agreements,

26  partnerships, and other agreements with public and private

27  entities respecting ownership and revenue participation in

28  order to facilitate financing and constructing any project or

29  portions thereof.

30         (n)  To accept grants and other funds from other

31  governmental sources and to accept private donations. However,


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 1  the authority shall not be directly eligible for

 2  Transportation Regional Incentive Program funds allocated

 3  pursuant to s. 339.2819, except through interlocal agreement

 4  with an eligible recipient.

 5         (o)  To purchase directly from local, national, or

 6  international insurance companies liability insurance that the

 7  authority is contractually and legally obligated to provide,

 8  notwithstanding the requirements of s. 287.022(1).

 9         (p)  To enter into and make lease-purchase agreements

10  with the department for terms not exceeding 40 years or until

11  any bonds secured by a pledge of rentals thereunder, and any

12  refundings thereof, are fully paid as to both principal and

13  interest, whichever is longer.

14         (q)  To make contracts of every name and nature,

15  including, but not limited to, partnerships providing for

16  participation in ownership and revenues, and to execute all

17  instruments necessary or convenient for the carrying on of its

18  business.

19         (r)  To do all acts and things necessary or convenient

20  for the conduct of its business and the general welfare of the

21  authority in order to carry out the powers granted to it by

22  this part or any other law.

23         (6)  The authority shall institute procedures to ensure

24  that jobs created as a result of state funding pursuant to

25  this section shall be subject to equal opportunity hiring

26  practices as provided for in s. 110.112.

27         (7)  The authority shall comply with all statutory

28  requirements of general application which relate to the filing

29  of any report or documentation required by law, including the

30  requirements of ss. 189.4085, 189.415, 189.417, and 189.418.

31  


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 1         (8)  The authority does not have power at any time or

 2  in any manner to pledge the credit or taxing power of the

 3  state or any political subdivision or agency thereof, nor

 4  shall any of the authority's obligations be deemed to be

 5  obligations of the state or of any political subdivision or

 6  agency thereof, nor shall the state or any political

 7  subdivision or agency thereof, except the authority, be liable

 8  for the payment of the principal of or interest on such

 9  obligations.

10         343.94  Bond financing authority.--

11         (1)  Pursuant to s. 11(f), Art. VII of the State

12  Constitution, the Legislature approves bond financing by the

13  Tampa Bay Area Regional Transportation Authority for

14  construction of or improvements to commuter rail systems,

15  transit systems, ferry systems, highways, bridges, toll

16  collection facilities, interchanges to the system, and any

17  other transportation facility appurtenant, necessary, or

18  incidental to the system. Subject to terms and conditions of

19  applicable revenue bond resolutions and covenants, such costs

20  may be financed in whole or in part by revenue bonds issued

21  pursuant to paragraph (2)(a) or paragraph (2)(b), whether

22  currently issued or issued in the future or by a combination

23  of such bonds.

24         (2)(a)  Bonds may be issued on behalf of the authority

25  pursuant to the State Bond Act.

26         (b)  Alternatively, the authority may issue its own

27  bonds pursuant to this part at such times and in such

28  principal amount as, in the opinion of the authority, is

29  necessary to provide sufficient moneys for achieving its

30  purposes; however, such bonds may not pledge the full faith

31  and credit of the state. Bonds issued by the authority


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 1  pursuant to this paragraph or paragraph (a), whether on

 2  original issuance or on refunding, shall be authorized by

 3  resolution of the members thereof, may be either term or

 4  serial bonds, and shall bear such date or dates, mature at

 5  such time or times, not exceeding 40 years after their

 6  respective dates, bear interest at such rate or rates, be

 7  payable semiannually, be in such denominations, be in such

 8  form, either coupon or fully registered, carry such

 9  registration, exchangeability, and interchangeability

10  privileges, be payable in such medium of payment and at such

11  place or places, be subject to such terms of redemption, and

12  be entitled to such priorities on the revenues, rates, fees,

13  rentals, or other charges or receipts of the authority,

14  including revenues from lease-purchase agreements, as such

15  resolution or any resolution subsequent thereto may provide.

16  The bonds shall be executed either by manual or facsimile

17  signature by such officers as the authority shall determine;

18  however, such bonds shall bear at least one signature that is

19  manually executed thereon, and the coupons attached to such

20  bonds shall bear the facsimile signature or signatures of such

21  officer or officers as shall be designated by the authority

22  and have the seal of the authority affixed, imprinted,

23  reproduced, or lithographed thereon, all as may be prescribed

24  in such resolution or resolutions.

25         (c)  Bonds issued pursuant to paragraph (a) or

26  paragraph (b) shall be sold at public sale in the manner

27  provided by the State Bond Act. However, if the authority, by

28  official action at a public meeting, determines that a

29  negotiated sale of such bonds is in the best interest of the

30  authority, the authority may negotiate the sale of such bonds

31  with the underwriter designated by the authority and the


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 1  Division of Bond Finance within the State Board of

 2  Administration with respect to bonds issued pursuant to

 3  paragraph (a) or solely by the authority with respect to bonds

 4  issued pursuant to paragraph (b). The authority's

 5  determination to negotiate the sale of such bonds may be

 6  based, in part, upon the written advice of the authority's

 7  financial adviser. Pending the preparation of definitive

 8  bonds, interim certificates may be issued to the purchaser or

 9  purchasers of such bonds and may contain such terms and

10  conditions as the authority may determine.

11         (d)  The authority may issue bonds pursuant to

12  paragraph (b) to refund any bonds previously issued regardless

13  of whether the bonds being refunded were issued by the

14  authority pursuant to this chapter or on behalf of the

15  authority pursuant to the State Bond Act.

16         (3)  Any such resolution or resolutions authorizing any

17  bonds hereunder may contain provisions that are part of the

18  contract with the holders of such bonds, as to:

19         (a)  The pledging of all or any part of the revenues,

20  fares, rates, fees, rentals, or other charges or receipts of

21  the authority, derived by the authority.

22         (b)  The completion, improvement, operation, extension,

23  maintenance, repair, or lease of, or lease-purchase agreement

24  relating to, the system and the duties of the authority and

25  others, including the department, with reference thereto.

26         (c)  Limitations on the purposes to which the proceeds

27  of the bonds, then or thereafter to be issued, or of any loan

28  or grant by the United States or the state may be applied.

29         (d)  The fixing, charging, establishing, and collecting

30  of rates, fees, rentals, or other charges for use of the

31  services and facilities constructed by the authority.


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 1         (e)  The setting aside of reserves or sinking funds or

 2  repair and replacement funds and the regulation and

 3  disposition thereof.

 4         (f)  Limitations on the issuance of additional bonds.

 5         (g)  The terms and provisions of any lease-purchase

 6  agreement, deed of trust, or indenture securing the bonds or

 7  under which the same may be issued.

 8         (h)  Any other or additional agreements with the

 9  holders of the bonds which the authority may deem desirable

10  and proper.

11         (4)  The authority may employ fiscal agents as provided

12  by this part or the State Board of Administration may, upon

13  request of the authority, act as fiscal agent for the

14  authority in the issuance of any bonds that are issued

15  pursuant to this part, and the State Board of Administration

16  may, upon request of the authority, take over the management,

17  control, administration, custody, and payment of any or all

18  debt services or funds or assets now or hereafter available

19  for any bonds issued pursuant to this part. The authority may

20  enter into any deeds of trust, indentures, or other agreements

21  with its fiscal agent, or with any bank or trust company

22  within or without the state, as security for such bonds and

23  may, under such agreements, sign and pledge all or any of the

24  revenues, rates, fees, rentals, or other charges or receipts

25  of the authority. Such deed of trust, indenture, or other

26  agreement may contain such provisions as are customary in such

27  instruments or as the authority authorizes, including, but

28  without limitation, provisions as to:

29         (a)  The completion, improvement, operation, extension,

30  maintenance, repair, and lease of, or lease-purchase agreement

31  relating to, highway, bridge, and related transportation


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 1  facilities and appurtenances and the duties of the authority

 2  and others, including the department, with reference thereto.

 3         (b)  The application of funds and the safeguarding of

 4  funds on hand or on deposit.

 5         (c)  The rights and remedies of the trustee and the

 6  holders of the bonds.

 7         (d)  The terms and provisions of the bonds or the

 8  resolutions authorizing the issuance of the bonds.

 9         (5)  Any of the bonds issued pursuant to this part are,

10  and are hereby declared to be, negotiable instruments and have

11  all the qualities and incidents of negotiable instruments

12  under the law merchant and the negotiable instruments law of

13  the state.

14         (6)  Notwithstanding any of the provisions of this

15  part, each project, building, or facility that has been

16  financed by the issuance of bonds or other evidence of

17  indebtedness under this part and any refinancing thereof are

18  hereby approved as provided for in s. 11(f), Art. VII of the

19  State Constitution.

20         343.941  Bonds not debts or pledges of faith and credit

21  of state.--Revenue bonds issued under the provisions of this

22  part are not debts of the state or pledges of the faith and

23  credit of the state. Such bonds are payable exclusively from

24  revenues pledged for their payment. Each such bond shall

25  contain a statement on its face that the state is not

26  obligated to pay the same or the interest thereon, except from

27  the revenues pledged for its payment, and that the faith and

28  credit of the state is not pledged to the payment of the

29  principal or interest of such bond. The issuance of revenue

30  bonds under the provisions of this part does not directly,

31  indirectly, or contingently obligate the state to levy or to


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    CS for CS for CS for SB 506                    First Engrossed



 1  pledge any form of taxation whatsoever, or to make any

 2  appropriation for their payment. No state funds shall be used

 3  to pay the principal or interest of any bonds issued to

 4  finance or refinance any portion of the authority's

 5  transportation projects, and each such bond shall contain a

 6  statement on its face to this effect.

 7         343.943  Covenant of the state.--The state does hereby

 8  pledge to, and agrees with, any person, firm, or corporation

 9  or federal or state agency subscribing to or acquiring the

10  bonds to be issued by the authority for the purposes of this

11  part that the state will not limit or alter the rights hereby

12  vested in the authority and the department until all bonds at

13  any time issued, together with the interest thereon, are fully

14  paid and discharged insofar as the same affects the rights of

15  the holders of bonds issued hereunder. The state does further

16  pledge to, and agree with, the United States that, if any

17  federal agency constructs or contributes any funds for the

18  completion, extension, or improvement of the system or any

19  part or portion thereof, the state will not alter or limit the

20  rights and powers of the authority and the department in any

21  manner which would be inconsistent with the continued

22  maintenance and operation of the system or the completion,

23  extension, or improvement thereof or which would be

24  inconsistent with the due performance of any agreements

25  between the authority and any such federal agency. The

26  authority and the department shall continue to have and may

27  exercise all powers herein granted so long as necessary or

28  desirable for the carrying out of the purposes of this part

29  and the purposes of the United States in the completion,

30  extension, or improvement of the system or any part or portion

31  thereof.


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 1         343.944  Remedies of the bondholders.--

 2         (1)  The rights and the remedies in this section

 3  conferred upon or granted to the bondholders are in addition

 4  to and not in limitation of any rights and remedies lawfully

 5  granted to such bondholders by the resolution or resolutions

 6  providing for the issuance of bonds or by a lease-purchase

 7  agreement, deed of trust, indenture, or other agreement under

 8  which the bonds may be issued or secured. If the authority

 9  defaults in the payment of the principal of or interest on any

10  of the bonds issued pursuant to the provisions of this part

11  after such principal of or interest on the bonds becomes due,

12  whether at maturity or upon call for redemption, or the

13  department defaults in any payments under, or covenants made

14  in, any lease-purchase agreement between the authority and the

15  department, and such default continues for a period of 30

16  days, or if the authority or the department fails or refuses

17  to comply with the provisions of this part or any agreement

18  made with, or for the benefit of, the holders of the bonds,

19  the holders of 25 percent in aggregate principal amount of the

20  bonds then outstanding may appoint a trustee to represent such

21  bondholders for the purposes hereof, if such holders of 25

22  percent in aggregate principal amount of the bonds then

23  outstanding shall first give notice of their intention to

24  appoint a trustee to the authority and to the department. Such

25  notice shall be deemed to have been given if given in writing,

26  deposited in a securely sealed postpaid wrapper, mailed at a

27  regularly maintained United States post office box or station,

28  and addressed, respectively, to the chair of the authority and

29  to the secretary of the department at the principal office of

30  the department.

31  


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 1         (2)  Such trustee and any trustee under any deed of

 2  trust, indenture, or other agreement may and, upon written

 3  request of the holders of 25 percent or such other percentages

 4  as are specified in any deed of trust, indenture, or other

 5  agreement aforesaid in principal amount of the bonds then

 6  outstanding, shall, in any court of competent jurisdiction, in

 7  his, her, or its own name:

 8         (a)  By mandamus or other suit, action, or proceeding

 9  at law or in equity, enforce all rights of the bondholders,

10  including the right to require the authority to fix,

11  establish, maintain, collect, and charge rates, fees, rentals,

12  and other charges adequate to carry out any agreement as to or

13  pledge of the revenues or receipts of the authority, to carry

14  out any other covenants and agreements with or for the benefit

15  of the bondholders, and to perform its and their duties under

16  this part.

17         (b)  By mandamus or other suit, action, or proceeding

18  at law or in equity, enforce all rights of the bondholders

19  under or pursuant to any lease-purchase agreement between the

20  authority and the department, including the right to require

21  the department to make all rental payments required to be made

22  by it under the provisions of any such lease-purchase

23  agreement and to require the department to carry out any other

24  covenants and agreements with or for the benefit of the

25  bondholders and to perform its and their duties under this

26  part.

27         (c)  Bring suit upon the bonds.

28         (d)  By action or suit in equity, require the authority

29  or the department to account as if it were the trustee of an

30  express trust for the bondholders.

31  


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    CS for CS for CS for SB 506                    First Engrossed



 1         (e)  By action or suit in equity, enjoin any acts or

 2  things that may be unlawful or in violation of the rights of

 3  the bondholders.

 4         (3)  Any trustee, when appointed as aforesaid or acting

 5  under a deed of trust, indenture, or other agreement, and

 6  regardless of whether all bonds have been declared due and

 7  payable, may appoint a receiver who may enter upon and take

 8  possession of the system or the facilities or any part or

 9  parts thereof, the rates, fees, rentals, or other revenues,

10  charges, or receipts from which are or may be applicable to

11  the payment of the bonds so in default, and, subject to and in

12  compliance with the provisions of any lease-purchase agreement

13  between the authority and the department, operate and maintain

14  the same for and on behalf of and in the name of the

15  authority, the department, and the bondholders, and collect

16  and receive all rates, fees, rentals, and other charges or

17  receipts or revenues arising therefrom in the same manner as

18  the authority or the department might do, and shall deposit

19  all such moneys in a separate account and apply such moneys in

20  such manner as the court shall direct. In any suit, action, or

21  proceeding by the trustee, the fees, counsel fees, and

22  expenses of the trustee and the receiver, if any, and all

23  costs and disbursements allowed by the court shall be a first

24  charge on any rates, fees, rentals, or other charges,

25  revenues, or receipts derived from the system or the

26  facilities or services or any part or parts thereof, including

27  payments under any such lease-purchase agreement as aforesaid,

28  which rates, fees, rentals, or other charges, revenues, or

29  receipts may be applicable to the payment of the bonds so in

30  default. Such trustee, in addition to the foregoing, possesses

31  all of the powers necessary for the exercise of any functions


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    CS for CS for CS for SB 506                    First Engrossed



 1  specifically set forth herein or incident to the

 2  representation of the bondholders in the enforcement and

 3  protection of their rights.

 4         (4)  This section or any other section of this part

 5  does not authorize any receiver appointed pursuant hereto for

 6  the purpose, subject to and in compliance with the provisions

 7  of any lease-purchase agreement between the authority and the

 8  department, of operating and maintaining the system or any

 9  facilities or part or parts thereof to sell, assign, mortgage,

10  or otherwise dispose of any of the assets of whatever kind and

11  character belonging to the authority. It is the intention of

12  this part to limit the powers of such receiver, subject to and

13  in compliance with the provisions of any lease-purchase

14  agreement between the authority and the department, to the

15  operation and maintenance of the system or any facility or

16  part or parts thereof, as the court may direct, in the name of

17  and for and on behalf of the authority, the department, and

18  the bondholders. In any suit, action, or proceeding at law or

19  in equity, a holder of bonds on the authority, a trustee, or

20  any court may not compel or direct a receiver to sell, assign,

21  mortgage, or otherwise dispose of any assets of whatever kind

22  or character belonging to the authority. A receiver also may

23  not be authorized to sell, assign, mortgage, or otherwise

24  dispose of any assets of whatever kind or character belonging

25  to the authority in any suit, action, or proceeding at law or

26  in equity.

27         343.945  Pledges enforceable by bondholders.--It is the

28  express intention of this part that any pledge to the

29  authority by the department of rates, fees, revenues, or other

30  funds as rentals, or any covenants or agreements relative

31  thereto, is enforceable in any court of competent jurisdiction


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    CS for CS for CS for SB 506                    First Engrossed



 1  against the authority or directly against the department by

 2  any holder of bonds issued by the authority.

 3         343.946  Lease-purchase agreement.--

 4         (1)  In order to effectuate the purposes of this part

 5  and as authorized by this part, the authority may enter into a

 6  lease-purchase agreement with the department relating to and

 7  covering authority projects within the seven-county Tampa Bay

 8  region.

 9         (2)  Such lease-purchase agreement shall provide for

10  the leasing of the system by the authority, as lessor, to the

11  department, as lessee, shall prescribe the term of such lease

12  and the rentals to be paid thereunder, and shall provide that,

13  upon the completion of the faithful performance thereunder and

14  the termination of such lease-purchase agreement, title in fee

15  simple absolute to the system as then constituted shall be

16  transferred in accordance with law by the authority to the

17  state and the authority shall deliver to the department such

18  deeds and conveyances as shall be necessary or convenient to

19  vest title in fee simple absolute in the state.

20         (3)  Such lease-purchase agreement may include such

21  other provisions, agreements, and covenants as the authority

22  and the department deem advisable or required, including, but

23  not limited to, provisions as to the bonds to be issued for

24  the purposes of this part, the completion, extension,

25  improvement, operation, and maintenance of the system and the

26  expenses and the cost of operation of the authority, the

27  charging and collection of tolls, rates, fees, and other

28  charges for the use of the services and facilities thereof,

29  and the application of federal or state grants or aid which

30  may be made or given to assist the authority in the

31  


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    CS for CS for CS for SB 506                    First Engrossed



 1  completion, extension, improvement, operation, and maintenance

 2  of the system.

 3         (4)  The department as lessee under such lease-purchase

 4  agreement may pay as rentals thereunder any rates, fees,

 5  charges, funds, moneys, receipts, or income accruing to the

 6  department from the operation of the system and may also pay

 7  as rentals any appropriations received by the department

 8  pursuant to any act of the Legislature heretofore or hereafter

 9  enacted; however, nothing in this section or in such

10  lease-purchase agreement is intended to require, nor shall

11  this part or such lease-purchase agreement require, the making

12  or continuance of such appropriations, nor shall any holder of

13  bonds issued pursuant to this part ever have any right to

14  compel the making or continuance of such appropriations.

15         (5)  The department shall have power to covenant in any

16  lease-purchase agreement that it will pay all or any part of

17  the cost of the operation, maintenance, repair, renewal, and

18  replacement of facilities, and any part of the cost of

19  completing facilities to the extent that the proceeds of bonds

20  issued are insufficient, from sources other than the revenues

21  derived from the operation of the system.

22         343.947  Department may be appointed agent of authority

23  for construction.--The department may be appointed by the

24  authority as its agent for the purpose of constructing and

25  completing transportation projects, and improvements and

26  extensions thereto, in the authority's master plan. In such

27  event, the authority shall provide the department with

28  complete copies of all documents, agreements, resolutions,

29  contracts, and instruments relating thereto; shall request the

30  department to do such construction work, including the

31  planning, surveying, and actual construction of the


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    CS for CS for CS for SB 506                    First Engrossed



 1  completion, extensions, and improvements to the system; and

 2  shall transfer to the credit of an account of the department

 3  in the treasury of the state the necessary funds therefor. The

 4  department shall proceed with such construction and use the

 5  funds for such purpose in the same manner that it is now

 6  authorized to use the funds otherwise provided by law for its

 7  use in construction of commuter rail systems, transit systems,

 8  ferry systems, roads, bridges, and related transportation

 9  facilities.

10         343.95  Acquisition of lands and property.--

11         (1)  For the purposes of this part, the authority may

12  acquire private or public property and property rights,

13  including rights of access, air, view, and light, by gift,

14  devise, purchase, or condemnation by eminent domain

15  proceedings, as the authority may deem necessary for any

16  purpose of this part, including, but not limited to, any lands

17  reasonably necessary for securing applicable permits, areas

18  necessary for management of access, borrow pits, drainage

19  ditches, water retention areas, rest areas, replacement access

20  for landowners whose access is impaired due to the

21  construction of a facility, and replacement rights-of-way for

22  relocated rail and utility facilities; for existing, proposed,

23  or anticipated transportation facilities within the

24  seven-county Tampa Bay region identified by the authority; or

25  for the purposes of screening, relocation, removal, or

26  disposal of junkyards and scrap metal processing facilities.

27  The authority may condemn any material and property necessary

28  for such purposes.

29         (2)  The right of eminent domain herein conferred shall

30  be exercised by the authority in the manner provided by law.

31  


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 1         (3)  When the authority acquires property for a

 2  transportation facility within the seven-county Tampa Bay

 3  region, the authority is not subject to any liability imposed

 4  by chapter 376 or chapter 403 for preexisting soil or

 5  groundwater contamination due solely to its ownership. This

 6  subsection does not affect the rights or liabilities of any

 7  past or future owners of the acquired property, nor does it

 8  affect the liability of any governmental entity for the

 9  results of its actions which create or exacerbate a pollution

10  source. The authority and the Department of Environmental

11  Protection may enter into interagency agreements for the

12  performance, funding, and reimbursement of the investigative

13  and remedial acts necessary for property acquired by the

14  authority.

15         343.96  Cooperation with other units, boards, agencies,

16  and individuals.--Express authority and power is hereby given

17  and granted to any county, municipality, drainage district,

18  road and bridge district, school district, or any other

19  political subdivision, board, commission, or individual in or

20  of the state to make and enter into contracts, leases,

21  conveyances, partnerships, or other agreements with the

22  authority within the provisions and purposes of this part. The

23  authority may make and enter into contracts, leases,

24  conveyances, partnerships, and other agreements with any

25  political subdivision, agency, or instrumentality of the state

26  and any and all federal agencies, corporations, and

27  individuals for the purpose of carrying out the provisions of

28  this part.

29         343.962  Public-private partnerships.--

30         (1)  The authority may receive or solicit proposals and

31  enter into agreements with private entities or consortia


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 1  thereof for the building, operation, ownership, or financing

 2  of multimodal transportation systems, transit-oriented

 3  development nodes, transit stations, or related facilities

 4  within the jurisdiction of the authority. Before approval, the

 5  authority must determine that a proposed project:

 6         (a)  Is in the public's best interest.

 7         (b)  Would not require state funds to be used unless

 8  the project is on or provides increased mobility on the State

 9  Highway System.

10         (c)  Would have adequate safeguards to ensure that

11  additional costs or unreasonable service disruptions would not

12  be realized by the traveling public and citizens of the state

13  in the event of default or the cancellation of the agreement

14  by the authority.

15         (2)  The authority shall ensure that all reasonable

16  costs to the state related to transportation facilities that

17  are not part of the State Highway System are borne by the

18  private entity or any partnership created to develop the

19  facilities. The authority shall also ensure that all

20  reasonable costs to the state and substantially affected local

21  governments and utilities related to the private

22  transportation facility are borne by the private entity for

23  transportation facilities that are owned by private entities.

24  For projects on the State Highway System or that provide

25  increased mobility on the State Highway System, the department

26  may use state resources to participate in funding and

27  financing the project as provided for under the department's

28  enabling legislation.

29         (3)  The authority may request proposals and receive

30  unsolicitated proposals for public-private multimodal

31  transportation projects and, upon receipt of any unsolicitated


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 1  proposal or determination to issue a request for proposals,

 2  the authority must publish a notice in the Florida

 3  Administrative Weekly and a newspaper of general circulation

 4  in the county in which the proposed project is located at

 5  least once a week for 2 weeks requesting proposals or, if an

 6  unsolicited proposal was received, stating that it has

 7  received the proposal and will accept, for 60 days after the

 8  initial date of publication, other proposals for the same

 9  project purpose. A copy of the notice must be mailed to each

10  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  


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    CS for CS for CS for SB 506                    First Engrossed



 1  of toll or fare revenues shall be regulated by the authority

 2  to avoid unreasonable costs to users of the facility.

 3         (5)  Each public-private transportation facility

 4  constructed pursuant to this section shall comply with all

 5  requirements of federal, state, and local laws; state,

 6  regional, and local comprehensive plans; the authority's

 7  rules, policies, procedures, and standards for transportation

 8  facilities; and any other conditions that the authority

 9  determines to be in the public's best interest.

10         (6)  The authority may exercise any of its powers,

11  including eminent domain, to facilitate the development and

12  construction of multimodal transportation projects pursuant to

13  this section. The authority may pay all or part of the cost of

14  operating and maintaining the facility or may provide services

15  to the private entity, for which services it shall receive

16  full or partial reimbursement.

17         (7)  Except as provided in this section, this section

18  is not intended to amend existing law by granting additional

19  powers to or imposing further restrictions on the governmental

20  entities with regard to regulating and entering into

21  cooperative arrangements with the private sector for the

22  planning, construction, and operation of transportation

23  facilities.

24         (8)  The authority may adopt rules pursuant to ss.

25  120.536(1) and 120.54 to implement this section and shall, by

26  rule, establish an application fee for the submission of

27  unsolicited proposals under this section. The fee must be

28  sufficient to pay the costs of evaluating the proposals.

29         343.97  Exemption from taxation.--The effectuation of

30  the authorized purposes of the authority created under this

31  part is for the benefit of the people of this state, for the


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 1  increase of their commerce and prosperity, and for the

 2  improvement of their health and living conditions and, because

 3  the authority performs essential governmental functions in

 4  effectuating such purposes, the authority is not required to

 5  pay any taxes or assessments of any kind or nature whatsoever

 6  upon any property acquired or used by it for such purposes, or

 7  upon any rates, fees, rentals, receipts, income, or charges at

 8  any time received by it. The bonds issued by the authority,

 9  their transfer, and the income therefrom, including any

10  profits made on the sale thereof, shall at all times be free

11  from taxation of any kind by the state or by any political

12  subdivision, taxing agency, or instrumentality thereof. The

13  exemption granted by this section does not apply to any tax

14  imposed by chapter 220 on interest, income, or profits on debt

15  obligations owned by corporations.

16         343.973  Eligibility for investments and security.--Any

17  bonds or other obligations issued pursuant to this part shall

18  be and constitute legal investments for banks, savings banks,

19  trustees, executors, administrators, and all other fiduciaries

20  and for all state, municipal, and other public funds and shall

21  also be and constitute securities eligible for deposit as

22  security for all state, municipal, or other public funds,

23  notwithstanding the provisions of any other law to the

24  contrary.

25         343.975  Complete and additional statutory authority.--

26         (1)  The powers conferred by this part are supplemental

27  to the existing powers of the board and the department. This

28  part does not repeal any of the provisions of any other law,

29  general, special, or local, but supplements such other laws in

30  the exercise of the powers provided in this part and provides

31  a complete method for the exercise of the powers granted in


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 1  this part. The projects planned and constructed by the Tampa

 2  Bay Regional Transportation Authority shall comply with all

 3  applicable federal, state, and local laws. The extension and

 4  improvement of the system, and the issuance of bonds hereunder

 5  to finance all or part of the cost thereof, may be

 6  accomplished upon compliance with the provisions of this part

 7  without regard to or necessity for compliance with the

 8  provisions, limitations, or restrictions contained in any

 9  other general, special, or local law, including, but not

10  limited to, s. 215.821. An approval of any bonds issued under

11  this part by the qualified electors or qualified electors who

12  are freeholders in the state or in any other political

13  subdivision of the state is not required for the issuance of

14  such bonds pursuant to this part.

15         (2)  This part does not repeal, rescind, or modify any

16  other law relating to the State Board of Administration, the

17  Department of Transportation, the Tampa-Hillsborough County

18  Expressway Authority, or the Division of Bond Finance within

19  the State Board of Administration; however, this part

20  supersedes such other laws as are inconsistent with its

21  provisions, including, but not limited to, s. 215.821.

22         (3)  This part does not preclude the department from

23  acquiring, holding, constructing, improving, maintaining,

24  operating, or owning tolled or nontolled facilities funded and

25  constructed from nonauthority sources that are part of the

26  State Highway System within the geographical boundaries of the

27  Tampa Bay Area Regional Transportation Authority.

28         Section 2.  This act does not prohibit any local

29  government that is a member of the Tampa Bay Area Regional

30  Transportation Authority from participating in or creating any

31  


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 1  other transit authority, regional transportation authority, or

 2  expressway authority.

 3         Section 3.  This act shall take effect July 1, 2007.

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