HB 777

1
A bill to be entitled
2An act relating to Polk County; providing definitions;
3providing for creation of the Polk Transit Authority;
4providing purpose; providing for charter amendments;
5providing boundaries; providing for a board of directors;
6providing membership, powers, functions, and duties of the
7board; providing powers, functions, and duties of the
8authority; providing exceptions to general law; providing
9authority to levy ad valorem taxes and non-ad valorem
10assessments; providing for the authority's fiscal year;
11providing for the deposit of authority funds; authorizing
12the authority to borrow money; providing for bonds;
13providing an exception to general law; providing for use
14of authority funds; authorizing the board to adopt
15policies and regulations; providing for liberal
16construction; providing severability; requiring a
17referendum; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Definitions.--As used in this act, unless
22otherwise specified:
23     (1)  "Authority" means the Polk Transit Authority.
24     (2)  "Board" and "board of directors" mean the Polk County
25Transit Authority Board of Directors.
26     (3)  "County" means Polk County.
27     (4)  "Director" means a member of the board of directors of
28and for the authority.
29     (5)  "Lakeland Area Mass Transit District" and "LAMTD" mean
30the special district created by Polk County Ordinance 80-13
31pursuant to section 125.01(5), Florida Statutes.
32     (6)  "Mass transit" means a system used for the
33transportation of people and goods by means of a street railway,
34an elevated railway, a commuter railroad, a subway, motor
35vehicles, motor buses, and other transportation facilities
36whether now or hereafter invented, and including a complete
37system of tracks, stations, rolling stock, and other facilities
38necessary to effectuate passenger and goods conveyance.
39     (7)  "Polk Regional Transportation Organization" means the
40entity created in 2004 by the interlocal agreement pursuant to
41section 163.01, Florida Statutes, to serve as a countywide
42transit policy board.
43     Section 2.  Authority; creation; boundaries; charter
44amendments.--
45     (1)  There is hereby created an independent special
46district for purposes of providing mass transit services to the
47citizens of Polk County, incorporating lands in Polk County
48described in subsection (2), which shall be a public corporation
49having the powers, duties, rights, obligations, and immunities
50herein set forth, under the name of the Polk Transit Authority.
51The authority is organized and exists for the purposes and shall
52hold all powers set forth in this act and chapter 189, Florida
53Statutes.
54     (2)  The lands to be included within the authority are all
55lands in Polk County, whether incorporated or unincorporated.
56     (3)  The authority's charter may be amended only by special
57act of the Legislature.
58     Section 3.  Purpose.--
59     (1)  The purpose of the authority shall be to plan,
60finance, acquire, construct, operate, and maintain mass transit
61facilities and systems, together with such supplementary
62transportation assistance as may be necessary or advisable to
63service the mass transit needs within the territorial boundaries
64of the authority and of such areas with which the authority may
65contract for service, subject to the provisions in section 11.
66     (2)  The purpose of the authority shall also be to provide
67for the consolidation of transit services in Polk County and to
68provide for the transition to a countywide transit system,
69subject to the provisions in section 11.
70     Section 4.  Governing board; quorum; creation; employment
71of personnel; compensation; organization; commissioners' bond.--
72     (1)  The business and affairs of the authority shall be
73conducted and administered by a board of nine voting directors
74and one nonvoting director, and the presence of five members
75shall constitute a quorum for official business. The board
76memberships shall consist of the following:
77     (a)  Six members of the board of directors shall be
78appointed as follows: the Polk County Commission shall appoint
79three of its commissioners as members of the board; the Lakeland
80City Commission shall appoint two of its commissioners as
81members of the board; and the Winter Haven City Commission shall
82appoint one of its commissioners as a member of the board. Of
83the initial directors appointed by the Polk County Commission,
84one shall serve for a 1-year term, one shall serve for a 2-year
85term, and one shall serve for a 3-year term. Of the initial
86directors appointed by the Lakeland City Commission, one shall
87serve for a 1-year term, and one shall serve for a 2-year term.
88All other directors shall be initially appointed by their
89respective city commissions for 2-year terms. At the end of any
90initial term and any subsequent term, the successor shall serve
91for a 2-year term.
92     (b)  The Bartow City Commission and the Auburndale City
93Commission shall, on a rotating basis for 2-year terms, appoint
94one of its commissioners as a member of the board. The city
95commission of the city that has the greater population as of the
96effective date of this act shall appoint the member for the
97initial 2-year term.
98     (c)  The Haines City Commission and the Lake Wales City
99Commission shall, on a rotating basis for 2-year terms, appoint
100one of its commissioners as a member of the board. The city
101commission of the city that has the greater population as of the
102effective date of this act shall appoint the member for the
103initial 2-year term.
104     (d)  One member of the board of directors shall be
105appointed on a rotating basis for 2-year terms by the governing
106body of one of the following cities in Polk County: Fort Meade,
107Lake Alfred, Mulberry, Frostproof, Dundee, Eagle Lake,
108Davenport, Polk City, and Lake Hamilton. The order of rotation
109shall be determined by population size in descending order,
110based on the University of Florida Bureau of Economic and
111Business Research population estimates at the time this act
112becomes law.
113     (e)  The Secretary of the Department of Transportation
114shall appoint the district one secretary, or his or her
115designee, as a nonvoting member of the board.
116     (f)  In order to facilitate the consolidation of transit
117services in Polk County, the initial appointments to the board
118of the authority shall be as follows: two of the Polk County
119Commissioners appointed shall be the same county commissioners
120who serve on the governing body of the Lakeland Area Mass
121Transit District, an existing independent special district in
122Polk County (LAMTD), the two Lakeland City Commissioners
123appointed to the board of the authority shall be the same as two
124of the Lakeland City Commissioners who serve on the governing
125body of the LAMTD, and the Winter Haven City Commissioner
126appointed to the board of the authority shall be one of the
127Winter Haven City Commissioners who serve on the Winter Haven
128Area Transit Policy Board.
129     (g)  In order to facilitate the transition to a countywide
130transit system, the Polk Regional Transportation Organization
131shall oversee the formation of the authority's board of
132directors in accordance with this act.
133     (h)  In order to facilitate the consolidation of the
134transit services in Polk County, and the transition to a
135countywide transit system, the board of the authority shall rely
136on the staff and the Executive Director of the Lakeland Area
137Mass Transit District and the staff and the Transit Director of
138the Polk County Transit Services to provide support, policy
139recommendations, and strategic planning to obtain dedicated
140funding for the authority.
141     (2)  The board may employ an executive director and
142authorize such other personnel as it deems necessary for the
143proper function and operation of the authority. The salaries of
144authority personnel, and any other wages, shall be determined by
145the board.
146     (3)  Each appointed member of the board shall assume office
14710 days following the member's appointment. Annually, within 60
148days after the appointment of new members of said board, the
149members shall organize by electing from their number a chair, a
150vice chair, a secretary, and a treasurer. However, the same
151member may be both secretary and treasurer.
152     (4)  The directors shall receive payment for actual
153expenses incurred while performing the duties of their office in
154accordance with general law governing per diem for public
155officials. The authority is empowered to adopt a resolution to
156exceed the state rates for per diem expenses. Directors may not
157receive compensation for their services.
158     (5)  Each director, upon taking office and in accordance
159with chapter 189, Florida Statutes, shall execute to the
160Governor for the benefit of the authority a bond conditioned
161upon the faithful performance of the duties of the director's
162office. The premium for such bonds shall be paid from the funds
163of the authority.
164     Section 5.  Powers; functions; and duties.--
165     (1)  The authority shall have all powers to carry out the
166purposes of this act and the functions and duties provided for
167herein, including the following powers, which shall be in
168addition to and supplement any other privileges, benefits, and
169powers granted by this act or general law:
170     (a)  To study, plan, design, establish, acquire, construct,
171own, lease, operate, manage, maintain, dispose of, improve, and
172expand the mass transit facilities and services within the
173boundaries of the authority.
174     (b)  To execute all contracts and other documents, adopt
175all proceedings, and perform all acts determined by the board as
176necessary or advisable to carry out the purposes of this act.
177The chair, vice chair, or executive director shall execute
178contracts and other documentation on behalf of the authority.
179     (c)  To fix, alter, levy, collect, and enforce rates,
180fares, fees, charges, penalties, and fines from persons or
181property, or both, for the provision and use of services,
182facilities, and products of the authority or to pay the
183operating or financing costs of the authority's facilities and
184services that are available to potential users.
185     (d)  To contract for the service of engineers, accountants,
186attorneys, and other experts or consultants and such other
187agents as the board may require or deem appropriate from time to
188time.
189     (e)  To acquire such lands and rights and interests
190therein; to acquire such personal property as the authority may
191deem necessary and appropriate in connection with the
192acquisition, ownership, expansion, improvement, operation, and
193maintenance of the authority's facilities; and to hold and
194dispose of all real and personal property under its control.
195     (f)  To lease or rent any of its easements, real property
196interests, or facilities to other mass transit providers that
197are owned by a municipality, county, or special district, or
198that hold a franchise from a municipality or county, when such
199lease or rental is for joint use by the authority and the other
200provider.
201     (g)  To exercise exclusive jurisdiction, control, and
202supervision over the authority's services and facilities and to
203make and enforce such rules and regulations for the maintenance,
204management, and operation of the authority and its facilities
205and services as may be, in the judgment of the board, necessary
206or desirable for the efficient operation of the authority in
207accomplishing the purposes of this act.
208     (h)  To enter into interlocal agreements or join with any
209other general or special purpose local governments, public
210agencies, or authorities in the exercise of common powers.
211     (i)  To accomplish construction directly or by letting
212contracts to other entities, whether public or private, for all
213or any part of the construction of improvements to the
214authority's facilities as determined by the board in accordance
215with applicable law.
216     (j)  To receive and accept from any federal or state agency
217grants or loans for or in the aid of the planning, construction,
218reconstruction, operation, promotion, or financing of the
219authority's facilities or services and to receive and accept
220aid, contributions, or loans from any other source of money,
221labor, or other things of value, to be held, used, and applied
222only for the purpose for which the grants, contributions, or
223loans may be made.
224     (k)  To purchase or to assume ownership, lease, operation,
225management, or control of any publicly or privately owned mass
226transit facilities, including the assumption, defeasance, or
227payment of the financial liabilities associated with such
228facilities.
229     (l)  To divide the authority facilities into separate
230units, benefit areas, or subsystems for the purpose of imposing
231special assessments; setting rates, fees, or charges; for
232accounting or financing improvements or additions; or for any
233other purpose.
234     (m)  To appoint advisory boards and committees to assist
235the board in the exercise and performance of the powers and
236duties provided in this act.
237     (n)  To sue and be sued in the name of the authority and to
238participate as a party in any civil, administrative, or other
239action.
240     (o)  To adopt and use a seal and authorize the use of a
241facsimile thereof.
242     (p)  To employ or contract with any public entity or person
243to manage and operate the authority and its facilities, or any
244portion thereof, upon such terms as the board deems appropriate.
245     (q)  Subject to such provisions and restrictions as may be
246set forth in any financing documents, to sell or otherwise
247dispose of the authority's facilities, or any portion thereof,
248upon such terms as the board deems appropriate, and to enter
249into acquisition or other agreements to effect such
250dispositions.
251     (r)  To acquire by purchase, gift, devise, or otherwise,
252and to dispose of, real or personal property or any estate
253therein.
254     (s)  To provide such deferred compensation, retirement
255benefits, or other benefits and programs as the board deems
256appropriate.
257     (t)  To maintain an office or offices at such place or
258places as the board may designate from time to time.
259     (u)  To hold, control, and acquire by donation or purchase,
260or to dispose of any public easements, dedications to public
261use, platted reservations for public purposes, or any
262reservations for those purposes authorized by this act and to
263make use of such easements, dedications, and reservations for
264the purposes authorized in this act.
265     (v)  To lease, as lessor or lessee, to or from any person,
266firm, corporation, association, or body, public or private,
267facilities or property of any nature to carry out the purposes
268authorized in this act.
269     (w)  To borrow money and issue bonds, certificates,
270warrants, notes, obligations, or other evidence of indebtedness.
271     (x)  To assess, levy, impose, collect, and enforce special
272assessments upon all or any portion of the lands located within
273the authority. Such special assessments may be apportioned among
274benefited property in a manner proportionate with the benefits
275received or commensurate with the burdens alleviated by the use
276of the property based upon such factors or combination or
277factors as determined by resolution of the board. Such special
278assessments may, in the discretion of the board, be imposed,
279collected, and enforced using any methods and procedures
280authorized by law, including section 197.3632, Florida Statutes;
281or the board may adopt by resolution its own method or
282procedures or use any other method or means for levy,
283imposition, collection, and enforcement not inconsistent with
284law.
285     (y)  To apply for and accept grants, loans, and subsidies
286from any governmental entity for the acquisition, construction,
287operation, and maintenance of the authority's facilities and
288services and to comply with all requirements and conditions
289imposed in connection therewith.
290     (z)  To the extent allowed by law and to the extent
291required to effectuate the purposes of this act, to exercise all
292privileges, immunities, and exemptions accorded municipalities
293and counties of the state under the provisions of the
294constitution and laws of the state.
295     (aa)  To invest its moneys in such investments as directed
296by the board in accordance with state law. Such investments
297shall be consistent in all instances with the applicable
298provisions of the financing documents.
299     (bb)  To purchase such insurance as the authority deems
300appropriate.
301     (cc)  To develop transportation plans and to coordinate the
302authority's planning and programs with those of appropriate
303municipal, county, state, special district, and federal agencies
304and other political subdivisions of the state.
305     (dd)  To prescribe and promulgate necessary rules and
306regulations consistent with the provisions of this act.
307     (ee)  To market and promote the authority and its
308facilities and services.
309     (ff)  To adopt a budget in accordance with applicable law
310and to appropriate and expend revenue in accordance with that
311budget.
312     (gg)  To do all acts and to exercise all powers necessary,
313convenient, incidental, implied, or proper, both within and
314outside the boundaries of the authority, in connection with any
315of the powers, duties, obligations, or purposes authorized by
316this act, general law, or any interlocal agreement entered into
317by the authority.
318     (2)  In exercising the powers conferred by this act, the
319board shall act by resolution or motion made and adopted at a
320duly noticed and publicly held meetings in conformance with
321applicable law.
322     (3)  The provisions of chapter 120, Florida Statutes, shall
323not apply to the authority.
324     (4)  Nothing herein is intended to or shall be construed to
325limit the power of local self-government of a charter county or
326conflict with the Constitution of the State of Florida or the
327Polk County Home Rule Charter, which became effective on January
3281, 1999.
329     (5)  The authority's planning requirements shall be as set
330forth in this act and chapter 189, Florida Statutes.
331     (6)  Requirements for financial disclosure, meeting
332notices, reporting, public records maintenance, and per diem
333expenses for directors, officers, and employees shall be as set
334forth in this act and chapters 112, 119, 189, and 286, Florida
335Statutes. Directors shall not receive other compensation for
336their service on the authority. The authority may adopt a
337resolution in accordance with general law to exceed the state
338per diem rate.
339     Section 6.  Ad valorem taxing authority; non-ad valorem
340assessments.--
341     (1)(a)  In order to provide funding for the purposes of the
342authority, the authority shall have the right, power, and
343authority to levy and assess an ad valorem tax on all taxable
344real property and tangible personal property within the
345boundaries of the authority, subject to approval by referendum
346of the qualified electors in the authority. The total amount of
347ad valorem taxes levied in any single year shall not exceed 3
348mills.
349     (b)  The authority shall levy and collect ad valorem taxes
350in accordance with chapter 200, Florida Statutes.
351     (2)  The authority is authorized to levy and enforce the
352collection of non-ad valorem assessments in accordance with
353chapters 189 and 197, Florida Statutes.
354     Section 7. Fiscal year.--The authority's fiscal year shall
355begin on October 1 and end on September 30.
356     Section 8.  Authority funds.--All funds of the authority
357shall be deposited in qualified public depositories in
358accordance with chapter 280, Florida Statutes.
359     Section 9.  Authority to borrow money; procedures and
360requirements for the issuance of bonds.--
361     (1)  The board shall have the power and authority to borrow
362money or issue other evidences of indebtedness for the purposes
363of the authority in accordance with chapter 189, Florida
364Statutes. The board shall by resolution authorize the issuance
365of general obligation bonds payable from any lawful sources for
366construction of capital improvements or expansion purposes of
367the transit services that the authority exists to provide,
368subject to a referendum of the qualified electors of the
369authority in accordance with the requirements of general law.
370     (2)  The authority is prohibited from lending its credit to
371corporations, associations, partnerships, or persons.
372     (3)  The authority may finance or refinance the
373acquisition, construction, expansion, and improvement of such
374facilities relating to a governmental function or purpose
375through the issuance of its bonds, notes, or other obligations
376under this section or as otherwise authorized by law. The
377authority has all the powers that are necessary to finance, own,
378operate, or manage the public facility, including, without
379limitation, the power to establish rates, charges, and fees for
380products or services provided by it, the power to levy special
381assessments, the power to sell or finance all or a portion of
382such facility, and the power to contract with a public or
383private entity to manage and operate such facilities or to
384provide or receive facilities, services, or products. All of the
385privileges, benefits, powers, and terms of section 125.01,
386Florida Statutes, relating to counties, and section 166.021,
387Florida Statutes, relating to municipalities, are fully
388applicable to the authority.
389     (4)  The authority may also issue bond anticipation notes
390in connection with the authorization, issuance, and sale of
391bonds. The bonds may be issued as serial bonds or as term bonds
392or both. The authority may issue capital appreciation bonds or
393variable rate bonds. Any bonds, notes, or other obligations must
394be authorized by resolution of the authority and bear the date;
395mature at the time, not exceeding 40 years from their respective
396dates; bear interest at the rate; be payable at the time; be in
397the denomination; be in the form; carry the registration
398privileges; be executed in the manner; be payable from the
399sources and in the medium or payment and at the place; and be
400subject to the terms of redemption, including redemption prior
401to maturity, as the resolution may provide. If any officer whose
402signature, or a facsimile of whose signature, appears on any
403bonds, notes, or other obligations ceases to be an officer
404before the delivery of the bonds, notes, or other obligations,
405the signature or facsimile is valid and sufficient for all
406purposes as if he or she had remained in office until the
407delivery. The bonds, notes, or other obligations may be sold at
408public or private sale for such price as the authority shall
409determine in accordance with chapter 189, Florida Statutes.
410Pending preparation of the definitive bonds, the authority may
411issue interim certificates, which shall be exchanged for the
412definitive bonds. The bonds may be secured by a form of credit
413enhancement, if any, as the authority deems appropriate. The
414bonds may be secured by an indenture of trust or trust
415agreement. In addition, the authority may delegate to an
416officer, official, or agent of the authority as the governing
417body of the authority may select, the power to determine the
418time; manner of sale, public or private; maturities; rate of
419interest, which may be fixed or may vary at the time and in
420accordance with a specified formula or method of determination;
421and other terms and conditions as may be deemed appropriate by
422the officer, official, or agent so designated by the governing
423body of the authority. However, the amount and maturity of the
424bonds, notes, or other obligations and the interest rate of the
425bonds, notes, or other obligations must be within the limits
426prescribed by the governing body of the authority and its
427resolution delegating to an officer, official, or agent the
428power to authorize the issuance and sale of the bonds, notes, or
429other obligations.
430     (5)  Bonds, notes, or other obligations issued under this
431section may be validated as provided in chapter 75, Florida
432Statutes. Section 75.04(2), Florida Statutes, shall not apply to
433a complaint for validation brought by the authority.
434     (6)  The accomplishment of the authorized purposes of the
435authority is in all respects for the benefit of the people of
436the state, for the increase of their commerce and prosperity,
437and for the improvement of their health and living conditions.
438Since the authority will perform essential governmental
439functions in accomplishing its purposes, the authority is not
440required to pay any taxes or assessments of any kind whatsoever
441upon any property acquired or used by it for such purposes or
442upon any revenues at any time received by it. The bonds, notes,
443and other obligations of the authority, their transfer, and the
444income therefrom, including any profits made on the sale
445thereof, are at all times free from taxation of any kind by the
446state or by any political subdivision or other agency or
447instrumentality thereof. The exemption granted in this paragraph
448is not applicable to any tax imposed by chapter 220, Florida
449Statutes, on interest, income, or profits on debt obligations
450owned by corporations.
451     Section 10.  Board action; compliance with open government
452laws and public records laws; authority to adopt policies and
453regulations.--
454     (1)  A record shall be kept of all meetings of the board
455and in such meetings a majority vote of the directors, providing
456that a quorum is present, shall be necessary to any affirmative
457action by the board.
458     (2)  The board shall comply with chapter 286, Florida
459Statutes, to preserve the right of the people to attend public
460meetings.
461     (3)  The board shall comply with the public records laws
462set forth in chapter 119, Florida Statutes, to preserve the
463right of the people to access public records.
464     (4)  The board may adopt policies and regulations not
465inconsistent with any portion of this act or chapter 189,
466Florida Statutes, as it may deem necessary for the transaction
467of its business and in implementing and carrying out the
468provisions of this act. The board shall have authority to
469provide all things necessary for the operation of transit
470services in the authority.
471     Section 11.  Lakeland Area Mass Transit District; powers,
472duties, rights, obligations, and immunities; addition of
473lands.--
474     (1)  Notwithstanding any provision in this act to the
475contrary, neither this act nor the creation of the authority
476shall have any effect on the powers, duties, rights,
477obligations, and immunities of the Lakeland Area Mass Transit
478District, which is an independent special taxing district in
479Polk County. This act is intended to comply with the provisions
480of Art. VIII, Section 4, of the Florida Constitution regarding
481transfer of powers after referendum approval or as otherwise
482provided by law.
483     (2)  Notwithstanding any provision in this act to the
484contrary, neither this act nor the creation of the authority
485have any effect on the right, power, and authority of the
486Lakeland Area Mass Transit District to revise its boundaries to
487include additional lands.
488     Section 12.  This act shall be liberally construed to
489promote the purpose for which it is intended.
490     Section 13.  In the event that any part of this act should
491be held void for any reason, such holding shall not affect any
492other part thereof.
493     Section 14.  This act shall take effect upon becoming a
494law, except that the provisions of subsection (1) of section 6
495authorizing the levy of ad valorem taxation shall take effect
496only upon express approval by a majority vote of those qualified
497electors of the area described in subsection (2) of section 2
498voting in a referendum to be called by the Polk Transit
499Authority and held in accordance with the provisions of law
500currently in force.


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