| 1 | A bill to be entitled |
| 2 | An act relating to Polk County; providing definitions; |
| 3 | providing for creation of the Polk Transit Authority; |
| 4 | providing purpose; providing for charter amendments; |
| 5 | providing boundaries; providing for a board of directors; |
| 6 | providing membership, powers, functions, and duties of the |
| 7 | board; providing powers, functions, and duties of the |
| 8 | authority; providing authority to levy ad valorem taxes |
| 9 | and non-ad valorem assessments; providing for the |
| 10 | authority's fiscal year; providing for the deposit of |
| 11 | authority funds; authorizing the authority to borrow |
| 12 | money; providing for bonds; providing for use of authority |
| 13 | funds; authorizing the board to adopt policies and |
| 14 | regulations; providing for powers, duties, rights, |
| 15 | obligations, immunities, and addition of lands to the |
| 16 | Lakeland Area Mass Transit District; providing for liberal |
| 17 | construction; providing severability; requiring a |
| 18 | referendum; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Definitions.--As used in this act, unless |
| 23 | otherwise specified: |
| 24 | (1) "Authority" means the Polk Transit Authority. |
| 25 | (2) "Board" and "board of directors" mean the Polk County |
| 26 | Transit Authority Board of Directors. |
| 27 | (3) "County" means Polk County. |
| 28 | (4) "Director" means a member of the board of directors of |
| 29 | and for the authority. |
| 30 | (5) "Lakeland Area Mass Transit District" and "LAMTD" mean |
| 31 | the special district created by Polk County Ordinance 80-13 |
| 32 | pursuant to section 125.01(5), Florida Statutes. |
| 33 | (6) "Mass transit" means a system used for the |
| 34 | transportation of people and goods by means of a street railway, |
| 35 | an elevated railway, a commuter railroad, a subway, motor |
| 36 | vehicles, motor buses, and other transportation facilities |
| 37 | whether now or hereafter invented, and including a complete |
| 38 | system of tracks, stations, rolling stock, and other facilities |
| 39 | necessary to effectuate passenger and goods conveyance. |
| 40 | (7) "Polk Regional Transportation Organization" means the |
| 41 | entity created in 2004 by the interlocal agreement pursuant to |
| 42 | section 163.01, Florida Statutes, to serve as a countywide |
| 43 | transit policy board. |
| 44 | Section 2. Authority; creation; boundaries; charter |
| 45 | amendments.-- |
| 46 | (1) There is hereby created an independent special |
| 47 | district for purposes of providing mass transit services to the |
| 48 | citizens of Polk County, incorporating lands in Polk County |
| 49 | described in subsection (2), which shall be a public corporation |
| 50 | having the powers, duties, rights, obligations, and immunities |
| 51 | herein set forth, under the name of the Polk Transit Authority. |
| 52 | The authority is organized and exists for the purposes and shall |
| 53 | hold all powers set forth in this act and chapter 189, Florida |
| 54 | Statutes. |
| 55 | (2) The lands to be included within the authority are all |
| 56 | lands in Polk County, whether incorporated or unincorporated. |
| 57 | (3) The authority's charter may be amended only by special |
| 58 | act of the Legislature. |
| 59 | Section 3. Purpose.-- |
| 60 | (1) The purpose of the authority shall be to plan, |
| 61 | finance, acquire, construct, operate, and maintain mass transit |
| 62 | facilities and systems, together with such supplementary |
| 63 | transportation assistance as may be necessary or advisable to |
| 64 | service the mass transit needs within the territorial boundaries |
| 65 | of the authority and of such areas with which the authority may |
| 66 | contract for service, subject to the provisions in section 11. |
| 67 | (2) The purpose of the authority shall also be to provide |
| 68 | for the consolidation of transit services in Polk County and to |
| 69 | provide for the transition to a countywide transit system, |
| 70 | subject to the provisions in section 11. |
| 71 | Section 4. Governing board; quorum; creation; employment |
| 72 | of personnel; compensation; organization; commissioners' bond.-- |
| 73 | (1) The business and affairs of the authority shall be |
| 74 | conducted and administered by a board of nine voting directors |
| 75 | and one nonvoting director, and the presence of five members |
| 76 | shall constitute a quorum for official business. The board |
| 77 | memberships shall consist of the following: |
| 78 | (a) Six members of the board of directors shall be |
| 79 | appointed as follows: the Polk County Commission shall appoint |
| 80 | three of its commissioners as members of the board; the Lakeland |
| 81 | City Commission shall appoint two of its commissioners as |
| 82 | members of the board; and the Winter Haven City Commission shall |
| 83 | appoint one of its commissioners as a member of the board. Of |
| 84 | the initial directors appointed by the Polk County Commission, |
| 85 | one shall serve for a 1-year term, one shall serve for a 2-year |
| 86 | term, and one shall serve for a 3-year term. Of the initial |
| 87 | directors appointed by the Lakeland City Commission, one shall |
| 88 | serve for a 1-year term, and one shall serve for a 2-year term. |
| 89 | All other directors shall be initially appointed by their |
| 90 | respective city commissions for 2-year terms. At the end of any |
| 91 | initial term and any subsequent term, the successor shall serve |
| 92 | for a 2-year term. |
| 93 | (b) The Bartow City Commission and the Auburndale City |
| 94 | Commission shall, on a rotating basis for 2-year terms, appoint |
| 95 | one of its commissioners as a member of the board. The city |
| 96 | commission of the city that has the greater population as of the |
| 97 | effective date of this act shall appoint the member for the |
| 98 | initial 2-year term. |
| 99 | (c) The Haines City Commission and the Lake Wales City |
| 100 | Commission shall, on a rotating basis for 2-year terms, appoint |
| 101 | one of its commissioners as a member of the board. The city |
| 102 | commission of the city that has the greater population as of the |
| 103 | effective date of this act shall appoint the member for the |
| 104 | initial 2-year term. |
| 105 | (d) One member of the board of directors shall be |
| 106 | appointed on a rotating basis for 2-year terms by the governing |
| 107 | body of one of the following cities in Polk County: Fort Meade, |
| 108 | Lake Alfred, Mulberry, Frostproof, Dundee, Eagle Lake, |
| 109 | Davenport, Polk City, and Lake Hamilton. The order of rotation |
| 110 | shall be determined by population size in descending order, |
| 111 | based on the University of Florida Bureau of Economic and |
| 112 | Business Research population estimates at the time this act |
| 113 | becomes law. |
| 114 | (e) The Secretary of the Department of Transportation |
| 115 | shall appoint the district one secretary, or his or her |
| 116 | designee, as a nonvoting member of the board. |
| 117 | (f) In order to facilitate the consolidation of transit |
| 118 | services in Polk County, the initial appointments to the board |
| 119 | of the authority shall be as follows: two of the Polk County |
| 120 | Commissioners appointed shall be the same county commissioners |
| 121 | who serve on the governing body of the Lakeland Area Mass |
| 122 | Transit District, an existing independent special district in |
| 123 | Polk County (LAMTD), the two Lakeland City Commissioners |
| 124 | appointed to the board of the authority shall be the same as two |
| 125 | of the Lakeland City Commissioners who serve on the governing |
| 126 | body of the LAMTD, and the Winter Haven City Commissioner |
| 127 | appointed to the board of the authority shall be one of the |
| 128 | Winter Haven City Commissioners who serve on the Winter Haven |
| 129 | Area Transit Policy Board. |
| 130 | (g) In order to facilitate the transition to a countywide |
| 131 | transit system, the Polk Regional Transportation Organization |
| 132 | shall oversee the formation of the authority's board of |
| 133 | directors in accordance with this act. |
| 134 | (h) In order to facilitate the consolidation of the |
| 135 | transit services in Polk County, and the transition to a |
| 136 | countywide transit system, the board of the authority shall rely |
| 137 | on the staff and the Executive Director of the Lakeland Area |
| 138 | Mass Transit District and the staff and the Transit Director of |
| 139 | the Polk County Transit Services to provide support, policy |
| 140 | recommendations, and strategic planning to obtain dedicated |
| 141 | funding for the authority. |
| 142 | (2) The board may employ an executive director and |
| 143 | authorize such other personnel as it deems necessary for the |
| 144 | proper function and operation of the authority. The salaries of |
| 145 | authority personnel, and any other wages, shall be determined by |
| 146 | the board. |
| 147 | (3) Each appointed member of the board shall assume office |
| 148 | 10 days following the member's appointment. Annually, within 60 |
| 149 | days after the appointment of new members of said board, the |
| 150 | members shall organize by electing from their number a chair, a |
| 151 | vice chair, a secretary, and a treasurer. However, the same |
| 152 | member may be both secretary and treasurer. |
| 153 | (4) The directors shall receive payment for actual |
| 154 | expenses incurred while performing the duties of their office in |
| 155 | accordance with general law governing per diem for public |
| 156 | officials. The authority is empowered to adopt a resolution to |
| 157 | exceed the state rates for per diem expenses. Directors may not |
| 158 | receive compensation for their services. |
| 159 | (5) Each director, upon taking office and in accordance |
| 160 | with chapter 189, Florida Statutes, shall execute to the |
| 161 | Governor for the benefit of the authority a bond conditioned |
| 162 | upon the faithful performance of the duties of the director's |
| 163 | office. The premium for such bonds shall be paid from the funds |
| 164 | of the authority. |
| 165 | Section 5. Powers; functions; and duties.-- |
| 166 | (1) The authority shall have all powers to carry out the |
| 167 | purposes of this act and the functions and duties provided for |
| 168 | herein, including the following powers, which shall be in |
| 169 | addition to and supplement any other privileges, benefits, and |
| 170 | powers granted by this act or general law: |
| 171 | (a) To study, plan, design, establish, acquire, construct, |
| 172 | own, lease, operate, manage, maintain, dispose of, improve, and |
| 173 | expand the mass transit facilities and services within the |
| 174 | boundaries of the authority. |
| 175 | (b) To execute all contracts and other documents, adopt |
| 176 | all proceedings, and perform all acts determined by the board as |
| 177 | necessary or advisable to carry out the purposes of this act. |
| 178 | The chair, vice chair, or executive director shall execute |
| 179 | contracts and other documentation on behalf of the authority. |
| 180 | (c) To fix, alter, levy, collect, and enforce rates, |
| 181 | fares, fees, charges, penalties, and fines from persons or |
| 182 | property, or both, for the provision and use of services, |
| 183 | facilities, and products of the authority or to pay the |
| 184 | operating or financing costs of the authority's facilities and |
| 185 | services that are available to potential users. |
| 186 | (d) To contract for the service of engineers, accountants, |
| 187 | attorneys, and other experts or consultants and such other |
| 188 | agents as the board may require or deem appropriate from time to |
| 189 | time. |
| 190 | (e) To acquire such lands and rights and interests |
| 191 | therein; to acquire such personal property as the authority may |
| 192 | deem necessary and appropriate in connection with the |
| 193 | acquisition, ownership, expansion, improvement, operation, and |
| 194 | maintenance of the authority's facilities; and to hold and |
| 195 | dispose of all real and personal property under its control. |
| 196 | (f) To lease or rent any of its easements, real property |
| 197 | interests, or facilities to other mass transit providers that |
| 198 | are owned by a municipality, county, or special district, or |
| 199 | that hold a franchise from a municipality or county, when such |
| 200 | lease or rental is for joint use by the authority and the other |
| 201 | provider. |
| 202 | (g) To exercise exclusive jurisdiction, control, and |
| 203 | supervision over the authority's services and facilities and to |
| 204 | make and enforce such rules and regulations for the maintenance, |
| 205 | management, and operation of the authority and its facilities |
| 206 | and services as may be, in the judgment of the board, necessary |
| 207 | or desirable for the efficient operation of the authority in |
| 208 | accomplishing the purposes of this act. |
| 209 | (h) To enter into interlocal agreements or join with any |
| 210 | other general or special purpose local governments, public |
| 211 | agencies, or authorities in the exercise of common powers. |
| 212 | (i) To accomplish construction directly or by letting |
| 213 | contracts to other entities, whether public or private, for all |
| 214 | or any part of the construction of improvements to the |
| 215 | authority's facilities as determined by the board in accordance |
| 216 | with applicable law. |
| 217 | (j) To receive and accept from any federal or state agency |
| 218 | grants or loans for or in the aid of the planning, construction, |
| 219 | reconstruction, operation, promotion, or financing of the |
| 220 | authority's facilities or services and to receive and accept |
| 221 | aid, contributions, or loans from any other source of money, |
| 222 | labor, or other things of value, to be held, used, and applied |
| 223 | only for the purpose for which the grants, contributions, or |
| 224 | loans may be made. |
| 225 | (k) To purchase or to assume ownership, lease, operation, |
| 226 | management, or control of any publicly or privately owned mass |
| 227 | transit facilities, including the assumption, defeasance, or |
| 228 | payment of the financial liabilities associated with such |
| 229 | facilities. |
| 230 | (l) To divide the authority facilities into separate |
| 231 | units, benefit areas, or subsystems for the purpose of imposing |
| 232 | special assessments; setting rates, fees, or charges; for |
| 233 | accounting or financing improvements or additions; or for any |
| 234 | other purpose. |
| 235 | (m) To appoint advisory boards and committees to assist |
| 236 | the board in the exercise and performance of the powers and |
| 237 | duties provided in this act. |
| 238 | (n) To sue and be sued in the name of the authority and to |
| 239 | participate as a party in any civil, administrative, or other |
| 240 | action. |
| 241 | (o) To adopt and use a seal and authorize the use of a |
| 242 | facsimile thereof. |
| 243 | (p) To employ or contract with any public entity or person |
| 244 | to manage and operate the authority and its facilities, or any |
| 245 | portion thereof, upon such terms as the board deems appropriate. |
| 246 | (q) Subject to such provisions and restrictions as may be |
| 247 | set forth in any financing documents, to sell or otherwise |
| 248 | dispose of the authority's facilities, or any portion thereof, |
| 249 | upon such terms as the board deems appropriate, and to enter |
| 250 | into acquisition or other agreements to effect such |
| 251 | dispositions. |
| 252 | (r) To acquire by purchase, gift, devise, or otherwise, |
| 253 | and to dispose of, real or personal property or any estate |
| 254 | therein. |
| 255 | (s) To provide such deferred compensation, retirement |
| 256 | benefits, or other benefits and programs as the board deems |
| 257 | appropriate. |
| 258 | (t) To maintain an office or offices at such place or |
| 259 | places as the board may designate from time to time. |
| 260 | (u) To hold, control, and acquire by donation or purchase, |
| 261 | or to dispose of any public easements, dedications to public |
| 262 | use, platted reservations for public purposes, or any |
| 263 | reservations for those purposes authorized by this act and to |
| 264 | make use of such easements, dedications, and reservations for |
| 265 | the purposes authorized in this act. |
| 266 | (v) To lease, as lessor or lessee, to or from any person, |
| 267 | firm, corporation, association, or body, public or private, |
| 268 | facilities or property of any nature to carry out the purposes |
| 269 | authorized in this act. |
| 270 | (w) To borrow money and issue bonds, certificates, |
| 271 | warrants, notes, obligations, or other evidence of indebtedness. |
| 272 | (x) To assess, levy, impose, collect, and enforce special |
| 273 | assessments upon all or any portion of the lands located within |
| 274 | the authority. Such special assessments may be apportioned among |
| 275 | benefited property in a manner proportionate with the benefits |
| 276 | received or commensurate with the burdens alleviated by the use |
| 277 | of the property based upon such factors or combination or |
| 278 | factors as determined by resolution of the board. Such special |
| 279 | assessments may, in the discretion of the board, be imposed, |
| 280 | collected, and enforced using any methods and procedures |
| 281 | authorized by law, including section 197.3632, Florida Statutes; |
| 282 | or the board may adopt by resolution its own method or |
| 283 | procedures or use any other method or means for levy, |
| 284 | imposition, collection, and enforcement not inconsistent with |
| 285 | law. |
| 286 | (y) To apply for and accept grants, loans, and subsidies |
| 287 | from any governmental entity for the acquisition, construction, |
| 288 | operation, and maintenance of the authority's facilities and |
| 289 | services and to comply with all requirements and conditions |
| 290 | imposed in connection therewith. |
| 291 | (z) To invest its moneys in such investments as directed |
| 292 | by the board in accordance with state law. Such investments |
| 293 | shall be consistent in all instances with the applicable |
| 294 | provisions of the financing documents. |
| 295 | (aa) To purchase such insurance as the authority deems |
| 296 | appropriate. |
| 297 | (bb) To develop transportation plans and to coordinate the |
| 298 | authority's planning and programs with those of appropriate |
| 299 | municipal, county, state, special district, and federal agencies |
| 300 | and other political subdivisions of the state. |
| 301 | (cc) To prescribe and promulgate necessary rules and |
| 302 | regulations consistent with the provisions of this act. |
| 303 | (dd) To market and promote the authority and its |
| 304 | facilities and services. |
| 305 | (ee) To adopt a budget in accordance with applicable law |
| 306 | and to appropriate and expend revenue in accordance with that |
| 307 | budget. |
| 308 | (ff) To do all acts and to exercise all powers necessary, |
| 309 | convenient, incidental, implied, or proper, both within and |
| 310 | outside the boundaries of the authority, in connection with any |
| 311 | of the powers, duties, obligations, or purposes authorized by |
| 312 | this act, general law, or any interlocal agreement entered into |
| 313 | by the authority. |
| 314 | (2) In exercising the powers conferred by this act, the |
| 315 | board shall act by resolution or motion made and adopted at a |
| 316 | duly noticed and publicly held meetings in conformance with |
| 317 | applicable law. |
| 318 | (3) The provisions of chapter 120, Florida Statutes, shall |
| 319 | not apply to the authority. |
| 320 | (4) Nothing herein is intended to or shall be construed to |
| 321 | limit the power of local self-government of a charter county or |
| 322 | conflict with the Constitution of the State of Florida or the |
| 323 | Polk County Home Rule Charter, which became effective on January |
| 324 | 1, 1999. |
| 325 | (5) The authority's planning requirements shall be as set |
| 326 | forth in this act and chapter 189, Florida Statutes. |
| 327 | (6) Requirements for financial disclosure, meeting |
| 328 | notices, reporting, public records maintenance, and per diem |
| 329 | expenses for directors, officers, and employees shall be as set |
| 330 | forth in this act and chapters 112, 119, 189, and 286, Florida |
| 331 | Statutes. |
| 332 | Section 6. Ad valorem taxing authority; non-ad valorem |
| 333 | assessments.-- |
| 334 | (1)(a) In order to provide funding for the purposes of the |
| 335 | authority, the authority shall have the right, power, and |
| 336 | authority to levy and assess an ad valorem tax on all taxable |
| 337 | real property and tangible personal property within the |
| 338 | boundaries of the authority, subject to approval by referendum |
| 339 | of the qualified electors in the authority. The total amount of |
| 340 | ad valorem taxes levied in any single year shall not exceed 3 |
| 341 | mills. |
| 342 | (b) The authority shall levy and collect ad valorem taxes |
| 343 | in accordance with chapter 200, Florida Statutes. |
| 344 | (2) The authority is authorized to levy and enforce the |
| 345 | collection of non-ad valorem assessments in accordance with |
| 346 | chapters 189 and 197, Florida Statutes. |
| 347 | Section 7. Fiscal year.--The authority's fiscal year shall |
| 348 | begin on October 1 and end on September 30. |
| 349 | Section 8. Authority funds.--All funds of the authority |
| 350 | shall be deposited in qualified public depositories in |
| 351 | accordance with chapter 280, Florida Statutes. |
| 352 | Section 9. Authority to borrow money; procedures and |
| 353 | requirements for the issuance of bonds.-- |
| 354 | (1) The board shall have the power and authority to borrow |
| 355 | money or issue other evidences of indebtedness for the purposes |
| 356 | of the authority in accordance with chapter 189, Florida |
| 357 | Statutes. The board shall by resolution authorize the issuance |
| 358 | of general obligation bonds payable from any lawful sources for |
| 359 | construction of capital improvements or expansion purposes of |
| 360 | the transit services that the authority exists to provide, |
| 361 | subject to a referendum of the qualified electors of the |
| 362 | authority in accordance with the requirements of general law. |
| 363 | (2) The authority is prohibited from lending its credit to |
| 364 | corporations, associations, partnerships, or persons. |
| 365 | (3) The authority may finance or refinance the |
| 366 | acquisition, construction, expansion, and improvement of such |
| 367 | facilities relating to a governmental function or purpose |
| 368 | through the issuance of its bonds, notes, or other obligations |
| 369 | under this section or as otherwise authorized by law. The |
| 370 | authority has all the powers that are necessary to finance, own, |
| 371 | operate, or manage the public facility, including, without |
| 372 | limitation, the power to establish rates, charges, and fees for |
| 373 | products or services provided by it, the power to levy special |
| 374 | assessments, the power to sell or finance all or a portion of |
| 375 | such facility, and the power to contract with a public or |
| 376 | private entity to manage and operate such facilities or to |
| 377 | provide or receive facilities, services, or products. |
| 378 | (4) The authority may also issue bond anticipation notes |
| 379 | in connection with the authorization, issuance, and sale of |
| 380 | bonds. The bonds may be issued as serial bonds or as term bonds |
| 381 | or both. The authority may issue capital appreciation bonds or |
| 382 | variable rate bonds. Any bonds, notes, or other obligations must |
| 383 | be authorized by resolution of the authority and bear the date; |
| 384 | mature at the time, not exceeding 40 years from their respective |
| 385 | dates; bear interest at the rate; be payable at the time; be in |
| 386 | the denomination; be in the form; carry the registration |
| 387 | privileges; be executed in the manner; be payable from the |
| 388 | sources and in the medium or payment and at the place; and be |
| 389 | subject to the terms of redemption, including redemption prior |
| 390 | to maturity, as the resolution may provide. If any officer whose |
| 391 | signature, or a facsimile of whose signature, appears on any |
| 392 | bonds, notes, or other obligations ceases to be an officer |
| 393 | before the delivery of the bonds, notes, or other obligations, |
| 394 | the signature or facsimile is valid and sufficient for all |
| 395 | purposes as if he or she had remained in office until the |
| 396 | delivery. The bonds, notes, or other obligations may be sold at |
| 397 | public or private sale for such price as the authority shall |
| 398 | determine in accordance with chapter 189, Florida Statutes. |
| 399 | Pending preparation of the definitive bonds, the authority may |
| 400 | issue interim certificates, which shall be exchanged for the |
| 401 | definitive bonds. The bonds may be secured by a form of credit |
| 402 | enhancement, if any, as the authority deems appropriate. The |
| 403 | bonds may be secured by an indenture of trust or trust |
| 404 | agreement. In addition, the authority may delegate to an |
| 405 | officer, official, or agent of the authority as the governing |
| 406 | body of the authority may select, the power to determine the |
| 407 | time; manner of sale, public or private; maturities; rate of |
| 408 | interest, which may be fixed or may vary at the time and in |
| 409 | accordance with a specified formula or method of determination; |
| 410 | and other terms and conditions as may be deemed appropriate by |
| 411 | the officer, official, or agent so designated by the governing |
| 412 | body of the authority. However, the amount and maturity of the |
| 413 | bonds, notes, or other obligations and the interest rate of the |
| 414 | bonds, notes, or other obligations must be within the limits |
| 415 | prescribed by the governing body of the authority and its |
| 416 | resolution delegating to an officer, official, or agent the |
| 417 | power to authorize the issuance and sale of the bonds, notes, or |
| 418 | other obligations. |
| 419 | (5) Bonds, notes, or other obligations issued under this |
| 420 | section may be validated as provided in chapter 75, Florida |
| 421 | Statutes. |
| 422 | (6) The accomplishment of the authorized purposes of the |
| 423 | authority is in all respects for the benefit of the people of |
| 424 | the state, for the increase of their commerce and prosperity, |
| 425 | and for the improvement of their health and living conditions. |
| 426 | Since the authority will perform essential governmental |
| 427 | functions in accomplishing its purposes, the authority is not |
| 428 | required to pay any taxes or assessments of any kind whatsoever |
| 429 | upon any property acquired or used by it for such purposes or |
| 430 | upon any revenues at any time received by it. The bonds, notes, |
| 431 | and other obligations of the authority, their transfer, and the |
| 432 | income therefrom, including any profits made on the sale |
| 433 | thereof, are at all times free from taxation of any kind by the |
| 434 | state or by any political subdivision or other agency or |
| 435 | instrumentality thereof. The exemption granted in this paragraph |
| 436 | is not applicable to any tax imposed by chapter 220, Florida |
| 437 | Statutes, on interest, income, or profits on debt obligations |
| 438 | owned by corporations. |
| 439 | Section 10. Board action; compliance with open government |
| 440 | laws and public records laws; authority to adopt policies and |
| 441 | regulations.-- |
| 442 | (1) A record shall be kept of all meetings of the board |
| 443 | and in such meetings a majority vote of the directors, providing |
| 444 | that a quorum is present, shall be necessary for any affirmative |
| 445 | action by the board. |
| 446 | (2) The board shall comply with chapter 286, Florida |
| 447 | Statutes, to preserve the right of the people to attend public |
| 448 | meetings. |
| 449 | (3) The board shall comply with the public records laws |
| 450 | set forth in chapter 119, Florida Statutes, to preserve the |
| 451 | right of the people to access public records. |
| 452 | (4) The board may adopt policies and regulations not |
| 453 | inconsistent with any portion of this act or chapter 189, |
| 454 | Florida Statutes, as it may deem necessary for the transaction |
| 455 | of its business and in implementing and carrying out the |
| 456 | provisions of this act. The board shall have authority to |
| 457 | provide all things necessary for the operation of transit |
| 458 | services in the authority. |
| 459 | Section 11. Lakeland Area Mass Transit District; powers, |
| 460 | duties, rights, obligations, and immunities; addition of |
| 461 | lands.-- |
| 462 | (1) Notwithstanding any provision in this act to the |
| 463 | contrary, neither this act nor the creation of the authority |
| 464 | shall have any effect on the powers, duties, rights, |
| 465 | obligations, and immunities of the Lakeland Area Mass Transit |
| 466 | District, which is an independent special taxing district in |
| 467 | Polk County. This act is intended to comply with the provisions |
| 468 | of Art. VIII, Section 4, of the Florida Constitution regarding |
| 469 | transfer of powers after referendum approval or as otherwise |
| 470 | provided by law. |
| 471 | (2) Notwithstanding any provision in this act to the |
| 472 | contrary, neither this act nor the creation of the authority |
| 473 | have any effect on the right, power, and authority of the |
| 474 | Lakeland Area Mass Transit District to revise its boundaries to |
| 475 | include additional lands. |
| 476 | Section 12. This act shall be liberally construed to |
| 477 | promote the purpose for which it is intended. |
| 478 | Section 13. In the event that any part of this act should |
| 479 | be held void for any reason, such holding shall not affect any |
| 480 | other part thereof. |
| 481 | Section 14. This act shall take effect upon becoming a |
| 482 | law, except that the provisions of subsection (1) of section 6 |
| 483 | authorizing the levy of ad valorem taxation shall take effect |
| 484 | only upon express approval by a majority vote of those qualified |
| 485 | electors of the area described in subsection (2) of section 2 |
| 486 | voting in a referendum to be called by the Polk Transit |
| 487 | Authority and held in accordance with the provisions of law |
| 488 | currently in force. |