CS/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 authority to levy ad valorem taxes
9and non-ad valorem assessments; providing for the
10authority's fiscal year; providing for the deposit of
11authority funds; authorizing the authority to borrow
12money; providing for bonds; providing for use of authority
13funds; authorizing the board to adopt policies and
14regulations; providing for powers, duties, rights,
15obligations, immunities, and addition of lands to the
16Lakeland Area Mass Transit District; providing for liberal
17construction; providing severability; requiring a
18referendum; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Definitions.--As used in this act, unless
23otherwise specified:
24     (1)  "Authority" means the Polk Transit Authority.
25     (2)  "Board" and "board of directors" mean the Polk County
26Transit Authority Board of Directors.
27     (3)  "County" means Polk County.
28     (4)  "Director" means a member of the board of directors of
29and for the authority.
30     (5)  "Lakeland Area Mass Transit District" and "LAMTD" mean
31the special district created by Polk County Ordinance 80-13
32pursuant to section 125.01(5), Florida Statutes.
33     (6)  "Mass transit" means a system used for the
34transportation of people and goods by means of a street railway,
35an elevated railway, a commuter railroad, a subway, motor
36vehicles, motor buses, and other transportation facilities
37whether now or hereafter invented, and including a complete
38system of tracks, stations, rolling stock, and other facilities
39necessary to effectuate passenger and goods conveyance.
40     (7)  "Polk Regional Transportation Organization" means the
41entity created in 2004 by the interlocal agreement pursuant to
42section 163.01, Florida Statutes, to serve as a countywide
43transit policy board.
44     Section 2.  Authority; creation; boundaries; charter
45amendments.--
46     (1)  There is hereby created an independent special
47district for purposes of providing mass transit services to the
48citizens of Polk County, incorporating lands in Polk County
49described in subsection (2), which shall be a public corporation
50having the powers, duties, rights, obligations, and immunities
51herein set forth, under the name of the Polk Transit Authority.
52The authority is organized and exists for the purposes and shall
53hold all powers set forth in this act and chapter 189, Florida
54Statutes.
55     (2)  The lands to be included within the authority are all
56lands in Polk County, whether incorporated or unincorporated.
57     (3)  The authority's charter may be amended only by special
58act of the Legislature.
59     Section 3.  Purpose.--
60     (1)  The purpose of the authority shall be to plan,
61finance, acquire, construct, operate, and maintain mass transit
62facilities and systems, together with such supplementary
63transportation assistance as may be necessary or advisable to
64service the mass transit needs within the territorial boundaries
65of the authority and of such areas with which the authority may
66contract for service, subject to the provisions in section 11.
67     (2)  The purpose of the authority shall also be to provide
68for the consolidation of transit services in Polk County and to
69provide for the transition to a countywide transit system,
70subject to the provisions in section 11.
71     Section 4.  Governing board; quorum; creation; employment
72of personnel; compensation; organization; commissioners' bond.--
73     (1)  The business and affairs of the authority shall be
74conducted and administered by a board of nine voting directors
75and one nonvoting director, and the presence of five members
76shall constitute a quorum for official business. The board
77memberships shall consist of the following:
78     (a)  Six members of the board of directors shall be
79appointed as follows: the Polk County Commission shall appoint
80three of its commissioners as members of the board; the Lakeland
81City Commission shall appoint two of its commissioners as
82members of the board; and the Winter Haven City Commission shall
83appoint one of its commissioners as a member of the board. Of
84the initial directors appointed by the Polk County Commission,
85one shall serve for a 1-year term, one shall serve for a 2-year
86term, and one shall serve for a 3-year term. Of the initial
87directors appointed by the Lakeland City Commission, one shall
88serve for a 1-year term, and one shall serve for a 2-year term.
89All other directors shall be initially appointed by their
90respective city commissions for 2-year terms. At the end of any
91initial term and any subsequent term, the successor shall serve
92for a 2-year term.
93     (b)  The Bartow City Commission and the Auburndale City
94Commission shall, on a rotating basis for 2-year terms, appoint
95one of its commissioners as a member of the board. The city
96commission of the city that has the greater population as of the
97effective date of this act shall appoint the member for the
98initial 2-year term.
99     (c)  The Haines City Commission and the Lake Wales City
100Commission shall, on a rotating basis for 2-year terms, appoint
101one of its commissioners as a member of the board. The city
102commission of the city that has the greater population as of the
103effective date of this act shall appoint the member for the
104initial 2-year term.
105     (d)  One member of the board of directors shall be
106appointed on a rotating basis for 2-year terms by the governing
107body of one of the following cities in Polk County: Fort Meade,
108Lake Alfred, Mulberry, Frostproof, Dundee, Eagle Lake,
109Davenport, Polk City, and Lake Hamilton. The order of rotation
110shall be determined by population size in descending order,
111based on the University of Florida Bureau of Economic and
112Business Research population estimates at the time this act
113becomes law.
114     (e)  The Secretary of the Department of Transportation
115shall appoint the district one secretary, or his or her
116designee, as a nonvoting member of the board.
117     (f)  In order to facilitate the consolidation of transit
118services in Polk County, the initial appointments to the board
119of the authority shall be as follows: two of the Polk County
120Commissioners appointed shall be the same county commissioners
121who serve on the governing body of the Lakeland Area Mass
122Transit District, an existing independent special district in
123Polk County (LAMTD), the two Lakeland City Commissioners
124appointed to the board of the authority shall be the same as two
125of the Lakeland City Commissioners who serve on the governing
126body of the LAMTD, and the Winter Haven City Commissioner
127appointed to the board of the authority shall be one of the
128Winter Haven City Commissioners who serve on the Winter Haven
129Area Transit Policy Board.
130     (g)  In order to facilitate the transition to a countywide
131transit system, the Polk Regional Transportation Organization
132shall oversee the formation of the authority's board of
133directors in accordance with this act.
134     (h)  In order to facilitate the consolidation of the
135transit services in Polk County, and the transition to a
136countywide transit system, the board of the authority shall rely
137on the staff and the Executive Director of the Lakeland Area
138Mass Transit District and the staff and the Transit Director of
139the Polk County Transit Services to provide support, policy
140recommendations, and strategic planning to obtain dedicated
141funding for the authority.
142     (2)  The board may employ an executive director and
143authorize such other personnel as it deems necessary for the
144proper function and operation of the authority. The salaries of
145authority personnel, and any other wages, shall be determined by
146the board.
147     (3)  Each appointed member of the board shall assume office
14810 days following the member's appointment. Annually, within 60
149days after the appointment of new members of said board, the
150members shall organize by electing from their number a chair, a
151vice chair, a secretary, and a treasurer. However, the same
152member may be both secretary and treasurer.
153     (4)  The directors shall receive payment for actual
154expenses incurred while performing the duties of their office in
155accordance with general law governing per diem for public
156officials. The authority is empowered to adopt a resolution to
157exceed the state rates for per diem expenses. Directors may not
158receive compensation for their services.
159     (5)  Each director, upon taking office and in accordance
160with chapter 189, Florida Statutes, shall execute to the
161Governor for the benefit of the authority a bond conditioned
162upon the faithful performance of the duties of the director's
163office. The premium for such bonds shall be paid from the funds
164of the authority.
165     Section 5.  Powers; functions; and duties.--
166     (1)  The authority shall have all powers to carry out the
167purposes of this act and the functions and duties provided for
168herein, including the following powers, which shall be in
169addition to and supplement any other privileges, benefits, and
170powers granted by this act or general law:
171     (a)  To study, plan, design, establish, acquire, construct,
172own, lease, operate, manage, maintain, dispose of, improve, and
173expand the mass transit facilities and services within the
174boundaries of the authority.
175     (b)  To execute all contracts and other documents, adopt
176all proceedings, and perform all acts determined by the board as
177necessary or advisable to carry out the purposes of this act.
178The chair, vice chair, or executive director shall execute
179contracts and other documentation on behalf of the authority.
180     (c)  To fix, alter, levy, collect, and enforce rates,
181fares, fees, charges, penalties, and fines from persons or
182property, or both, for the provision and use of services,
183facilities, and products of the authority or to pay the
184operating or financing costs of the authority's facilities and
185services that are available to potential users.
186     (d)  To contract for the service of engineers, accountants,
187attorneys, and other experts or consultants and such other
188agents as the board may require or deem appropriate from time to
189time.
190     (e)  To acquire such lands and rights and interests
191therein; to acquire such personal property as the authority may
192deem necessary and appropriate in connection with the
193acquisition, ownership, expansion, improvement, operation, and
194maintenance of the authority's facilities; and to hold and
195dispose of all real and personal property under its control.
196     (f)  To lease or rent any of its easements, real property
197interests, or facilities to other mass transit providers that
198are owned by a municipality, county, or special district, or
199that hold a franchise from a municipality or county, when such
200lease or rental is for joint use by the authority and the other
201provider.
202     (g)  To exercise exclusive jurisdiction, control, and
203supervision over the authority's services and facilities and to
204make and enforce such rules and regulations for the maintenance,
205management, and operation of the authority and its facilities
206and services as may be, in the judgment of the board, necessary
207or desirable for the efficient operation of the authority in
208accomplishing the purposes of this act.
209     (h)  To enter into interlocal agreements or join with any
210other general or special purpose local governments, public
211agencies, or authorities in the exercise of common powers.
212     (i)  To accomplish construction directly or by letting
213contracts to other entities, whether public or private, for all
214or any part of the construction of improvements to the
215authority's facilities as determined by the board in accordance
216with applicable law.
217     (j)  To receive and accept from any federal or state agency
218grants or loans for or in the aid of the planning, construction,
219reconstruction, operation, promotion, or financing of the
220authority's facilities or services and to receive and accept
221aid, contributions, or loans from any other source of money,
222labor, or other things of value, to be held, used, and applied
223only for the purpose for which the grants, contributions, or
224loans may be made.
225     (k)  To purchase or to assume ownership, lease, operation,
226management, or control of any publicly or privately owned mass
227transit facilities, including the assumption, defeasance, or
228payment of the financial liabilities associated with such
229facilities.
230     (l)  To divide the authority facilities into separate
231units, benefit areas, or subsystems for the purpose of imposing
232special assessments; setting rates, fees, or charges; for
233accounting or financing improvements or additions; or for any
234other purpose.
235     (m)  To appoint advisory boards and committees to assist
236the board in the exercise and performance of the powers and
237duties provided in this act.
238     (n)  To sue and be sued in the name of the authority and to
239participate as a party in any civil, administrative, or other
240action.
241     (o)  To adopt and use a seal and authorize the use of a
242facsimile thereof.
243     (p)  To employ or contract with any public entity or person
244to manage and operate the authority and its facilities, or any
245portion thereof, upon such terms as the board deems appropriate.
246     (q)  Subject to such provisions and restrictions as may be
247set forth in any financing documents, to sell or otherwise
248dispose of the authority's facilities, or any portion thereof,
249upon such terms as the board deems appropriate, and to enter
250into acquisition or other agreements to effect such
251dispositions.
252     (r)  To acquire by purchase, gift, devise, or otherwise,
253and to dispose of, real or personal property or any estate
254therein.
255     (s)  To provide such deferred compensation, retirement
256benefits, or other benefits and programs as the board deems
257appropriate.
258     (t)  To maintain an office or offices at such place or
259places as the board may designate from time to time.
260     (u)  To hold, control, and acquire by donation or purchase,
261or to dispose of any public easements, dedications to public
262use, platted reservations for public purposes, or any
263reservations for those purposes authorized by this act and to
264make use of such easements, dedications, and reservations for
265the purposes authorized in this act.
266     (v)  To lease, as lessor or lessee, to or from any person,
267firm, corporation, association, or body, public or private,
268facilities or property of any nature to carry out the purposes
269authorized in this act.
270     (w)  To borrow money and issue bonds, certificates,
271warrants, notes, obligations, or other evidence of indebtedness.
272     (x)  To assess, levy, impose, collect, and enforce special
273assessments upon all or any portion of the lands located within
274the authority. Such special assessments may be apportioned among
275benefited property in a manner proportionate with the benefits
276received or commensurate with the burdens alleviated by the use
277of the property based upon such factors or combination or
278factors as determined by resolution of the board. Such special
279assessments may, in the discretion of the board, be imposed,
280collected, and enforced using any methods and procedures
281authorized by law, including section 197.3632, Florida Statutes;
282or the board may adopt by resolution its own method or
283procedures or use any other method or means for levy,
284imposition, collection, and enforcement not inconsistent with
285law.
286     (y)  To apply for and accept grants, loans, and subsidies
287from any governmental entity for the acquisition, construction,
288operation, and maintenance of the authority's facilities and
289services and to comply with all requirements and conditions
290imposed in connection therewith.
291     (z)  To invest its moneys in such investments as directed
292by the board in accordance with state law. Such investments
293shall be consistent in all instances with the applicable
294provisions of the financing documents.
295     (aa)  To purchase such insurance as the authority deems
296appropriate.
297     (bb)  To develop transportation plans and to coordinate the
298authority's planning and programs with those of appropriate
299municipal, county, state, special district, and federal agencies
300and other political subdivisions of the state.
301     (cc)  To prescribe and promulgate necessary rules and
302regulations consistent with the provisions of this act.
303     (dd)  To market and promote the authority and its
304facilities and services.
305     (ee)  To adopt a budget in accordance with applicable law
306and to appropriate and expend revenue in accordance with that
307budget.
308     (ff)  To do all acts and to exercise all powers necessary,
309convenient, incidental, implied, or proper, both within and
310outside the boundaries of the authority, in connection with any
311of the powers, duties, obligations, or purposes authorized by
312this act, general law, or any interlocal agreement entered into
313by the authority.
314     (2)  In exercising the powers conferred by this act, the
315board shall act by resolution or motion made and adopted at a
316duly noticed and publicly held meetings in conformance with
317applicable law.
318     (3)  The provisions of chapter 120, Florida Statutes, shall
319not apply to the authority.
320     (4)  Nothing herein is intended to or shall be construed to
321limit the power of local self-government of a charter county or
322conflict with the Constitution of the State of Florida or the
323Polk County Home Rule Charter, which became effective on January
3241, 1999.
325     (5)  The authority's planning requirements shall be as set
326forth in this act and chapter 189, Florida Statutes.
327     (6)  Requirements for financial disclosure, meeting
328notices, reporting, public records maintenance, and per diem
329expenses for directors, officers, and employees shall be as set
330forth in this act and chapters 112, 119, 189, and 286, Florida
331Statutes.
332     Section 6.  Ad valorem taxing authority; non-ad valorem
333assessments.--
334     (1)(a)  In order to provide funding for the purposes of the
335authority, the authority shall have the right, power, and
336authority to levy and assess an ad valorem tax on all taxable
337real property and tangible personal property within the
338boundaries of the authority, subject to approval by referendum
339of the qualified electors in the authority. The total amount of
340ad valorem taxes levied in any single year shall not exceed 3
341mills.
342     (b)  The authority shall levy and collect ad valorem taxes
343in accordance with chapter 200, Florida Statutes.
344     (2)  The authority is authorized to levy and enforce the
345collection of non-ad valorem assessments in accordance with
346chapters 189 and 197, Florida Statutes.
347     Section 7.  Fiscal year.--The authority's fiscal year shall
348begin on October 1 and end on September 30.
349     Section 8.  Authority funds.--All funds of the authority
350shall be deposited in qualified public depositories in
351accordance with chapter 280, Florida Statutes.
352     Section 9.  Authority to borrow money; procedures and
353requirements for the issuance of bonds.--
354     (1)  The board shall have the power and authority to borrow
355money or issue other evidences of indebtedness for the purposes
356of the authority in accordance with chapter 189, Florida
357Statutes. The board shall by resolution authorize the issuance
358of general obligation bonds payable from any lawful sources for
359construction of capital improvements or expansion purposes of
360the transit services that the authority exists to provide,
361subject to a referendum of the qualified electors of the
362authority in accordance with the requirements of general law.
363     (2)  The authority is prohibited from lending its credit to
364corporations, associations, partnerships, or persons.
365     (3)  The authority may finance or refinance the
366acquisition, construction, expansion, and improvement of such
367facilities relating to a governmental function or purpose
368through the issuance of its bonds, notes, or other obligations
369under this section or as otherwise authorized by law. The
370authority has all the powers that are necessary to finance, own,
371operate, or manage the public facility, including, without
372limitation, the power to establish rates, charges, and fees for
373products or services provided by it, the power to levy special
374assessments, the power to sell or finance all or a portion of
375such facility, and the power to contract with a public or
376private entity to manage and operate such facilities or to
377provide or receive facilities, services, or products.
378     (4)  The authority may also issue bond anticipation notes
379in connection with the authorization, issuance, and sale of
380bonds. The bonds may be issued as serial bonds or as term bonds
381or both. The authority may issue capital appreciation bonds or
382variable rate bonds. Any bonds, notes, or other obligations must
383be authorized by resolution of the authority and bear the date;
384mature at the time, not exceeding 40 years from their respective
385dates; bear interest at the rate; be payable at the time; be in
386the denomination; be in the form; carry the registration
387privileges; be executed in the manner; be payable from the
388sources and in the medium or payment and at the place; and be
389subject to the terms of redemption, including redemption prior
390to maturity, as the resolution may provide. If any officer whose
391signature, or a facsimile of whose signature, appears on any
392bonds, notes, or other obligations ceases to be an officer
393before the delivery of the bonds, notes, or other obligations,
394the signature or facsimile is valid and sufficient for all
395purposes as if he or she had remained in office until the
396delivery. The bonds, notes, or other obligations may be sold at
397public or private sale for such price as the authority shall
398determine in accordance with chapter 189, Florida Statutes.
399Pending preparation of the definitive bonds, the authority may
400issue interim certificates, which shall be exchanged for the
401definitive bonds. The bonds may be secured by a form of credit
402enhancement, if any, as the authority deems appropriate. The
403bonds may be secured by an indenture of trust or trust
404agreement. In addition, the authority may delegate to an
405officer, official, or agent of the authority as the governing
406body of the authority may select, the power to determine the
407time; manner of sale, public or private; maturities; rate of
408interest, which may be fixed or may vary at the time and in
409accordance with a specified formula or method of determination;
410and other terms and conditions as may be deemed appropriate by
411the officer, official, or agent so designated by the governing
412body of the authority. However, the amount and maturity of the
413bonds, notes, or other obligations and the interest rate of the
414bonds, notes, or other obligations must be within the limits
415prescribed by the governing body of the authority and its
416resolution delegating to an officer, official, or agent the
417power to authorize the issuance and sale of the bonds, notes, or
418other obligations.
419     (5)  Bonds, notes, or other obligations issued under this
420section may be validated as provided in chapter 75, Florida
421Statutes.
422     (6)  The accomplishment of the authorized purposes of the
423authority is in all respects for the benefit of the people of
424the state, for the increase of their commerce and prosperity,
425and for the improvement of their health and living conditions.
426Since the authority will perform essential governmental
427functions in accomplishing its purposes, the authority is not
428required to pay any taxes or assessments of any kind whatsoever
429upon any property acquired or used by it for such purposes or
430upon any revenues at any time received by it. The bonds, notes,
431and other obligations of the authority, their transfer, and the
432income therefrom, including any profits made on the sale
433thereof, are at all times free from taxation of any kind by the
434state or by any political subdivision or other agency or
435instrumentality thereof. The exemption granted in this paragraph
436is not applicable to any tax imposed by chapter 220, Florida
437Statutes, on interest, income, or profits on debt obligations
438owned by corporations.
439     Section 10.  Board action; compliance with open government
440laws and public records laws; authority to adopt policies and
441regulations.--
442     (1)  A record shall be kept of all meetings of the board
443and in such meetings a majority vote of the directors, providing
444that a quorum is present, shall be necessary for any affirmative
445action by the board.
446     (2)  The board shall comply with chapter 286, Florida
447Statutes, to preserve the right of the people to attend public
448meetings.
449     (3)  The board shall comply with the public records laws
450set forth in chapter 119, Florida Statutes, to preserve the
451right of the people to access public records.
452     (4)  The board may adopt policies and regulations not
453inconsistent with any portion of this act or chapter 189,
454Florida Statutes, as it may deem necessary for the transaction
455of its business and in implementing and carrying out the
456provisions of this act. The board shall have authority to
457provide all things necessary for the operation of transit
458services in the authority.
459     Section 11.  Lakeland Area Mass Transit District; powers,
460duties, rights, obligations, and immunities; addition of
461lands.--
462     (1)  Notwithstanding any provision in this act to the
463contrary, neither this act nor the creation of the authority
464shall have any effect on the powers, duties, rights,
465obligations, and immunities of the Lakeland Area Mass Transit
466District, which is an independent special taxing district in
467Polk County. This act is intended to comply with the provisions
468of Art. VIII, Section 4, of the Florida Constitution regarding
469transfer of powers after referendum approval or as otherwise
470provided by law.
471     (2)  Notwithstanding any provision in this act to the
472contrary, neither this act nor the creation of the authority
473have any effect on the right, power, and authority of the
474Lakeland Area Mass Transit District to revise its boundaries to
475include additional lands.
476     Section 12.  This act shall be liberally construed to
477promote the purpose for which it is intended.
478     Section 13.  In the event that any part of this act should
479be held void for any reason, such holding shall not affect any
480other part thereof.
481     Section 14.  This act shall take effect upon becoming a
482law, except that the provisions of subsection (1) of section 6
483authorizing the levy of ad valorem taxation shall take effect
484only upon express approval by a majority vote of those qualified
485electors of the area described in subsection (2) of section 2
486voting in a referendum to be called by the Polk Transit
487Authority and held in accordance with the provisions of law
488currently in force.


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