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A bill to be entitled

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An act relating to the Jacksonville Transportation

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Authority; amending s. 349.02, F.S.; revising definitions;

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defining the term "transportation facilities"; amending s.

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349.03, F.S.; specifying that the authority is an agency

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of the state and not a unit of any other political

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subdivision; revising a requirement for membership on the

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governing body of the authority to provide that an

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appointed member must be a resident and elector of Duval

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County; amending s. 349.04, F.S.; revising scope of the

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authority to include certain services throughout Duval

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County; revising authority, powers, rights, and

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responsibilities of the authority to provide for planning,

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coordinating, developing, financing, refinancing,

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constructing, owning, leasing, purchasing, operating,

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maintaining, relocating, equipping, repairing, and

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managing described transportation projects intended to

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address needs or concerns in the Jacksonville, Duval

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County, metropolitan area; revising bonding provisions;

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providing for the authority to fix, alter, charge,

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establish, and collect rates, fees, rentals, and other

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charges for any transportation facilities of the

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authority; authorizing purchases under government

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contract; revising eminent domain provisions to include

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specified procedural powers; authorizing use of local

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option taxes or county gasoline tax funds to secure the

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payment of bonds; authorizing the authority to establish

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and fund reserve accounts, adopt an annual budget, use

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purchasing schedules and master purchasing contracts,

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retain legal counsel and other consultants, construct and

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own and maintain transportation facilities outside the

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jurisdictional boundaries of Duval County, form public

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benefit corporations, require bid bonds and protest bonds,

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prequalify bidders or proposers, suspend or debar

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consultants and contractors, and create and operate an

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employees' benefit fund; providing for the authority to

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expand its service area and enter into a partnership with

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a contiguous county; providing that the powers and

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obligations of the authority shall not be subject to

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supervision, approval, or consent of any municipality or

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county except as agreed upon in an interlocal agreement;

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providing for certain contractual obligations and recovery

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of damages; providing for relocation of utility facilities

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interfering with transportation projects; authorizing the

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authority to enter lands, waters, and premises of another

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in the performance of its duties; amending s. 349.041,

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F.S.; revising provisions for funds appropriated by the

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City of Jacksonville to the authority; repealing s.

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349.042, F.S., relating to the Jacksonville area planning

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board review of construction and operation of the

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expressway and transit functions of the authority;

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creating s. 349.043, F.S.; requiring a public hearing

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prior to designation or relocation of transportation

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facilities or substantive changes thereto; providing

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procedures; requiring compliance with federal requirements

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related to new or altered transportation facilities or

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services; amending s. 349.05, F.S.; authorizing bonds to

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be issued on behalf of the authority; revising provisions

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for issuance and sale of bonds; authorizing certain

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refunding bonds; revising provisions for resolutions

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authorizing bonds; revising provisions for fiscal agents;

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providing that bonds are not obligations of the state;

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repealing s. 349.06, F.S., relating to remedies of the

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bondholders; creating s. 349.061, F.S.; providing approval

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for bond financing by the authority; amending s. 349.07,

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F.S.; revising provisions authorizing the Department of

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Transportation to expend certain funds and use its

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resources for certain items related to the Jacksonville

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Expressway System; amending s. 349.10, F.S.; revising

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provisions for the authority to acquire lands and rights

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therein; limiting liability of the authority with respect

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to certain contamination of lands acquired; authorizing

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the authority and the Department of Environmental

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Protection to enter into agreements for the performance

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and funding of investigative and remedial acts; amending

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s. 349.12, F.S.; revising covenant of the state related to

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bonds of the authority; amending s. 349.13, F.S.;

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specifying conditions under which property leased by the

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authority is exempt from ad valorem taxes; amending s.

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349.15, F.S.; revising provisions for enforcement of

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rights by bondholders; amending s. 349.17, F.S.; revising

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provisions for application of and exemption from other

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laws relating to issuance of bonds; amending s. 349.21,

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F.S.; revising provisions for use of charter county

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transit system surtax funds; creating s. 349.22, F.S.;

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providing conditions for the authority to receive or

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solicit proposals and enter into agreements with private

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entities for the building, operation, ownership, or

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financing of highways, bridges, multimodal transportation

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systems, transit-oriented development nodes, transit

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stations, or related transportation facilities; requiring

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certain costs to be paid by the private entity;

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authorizing the department to use state funds for projects

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on or that increase mobility on the State Highway System;

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requiring notice of proposals and providing procedures;

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providing for agreements to authorize the public-private

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entity to impose tolls; requiring public-private

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transportation facilities to comply with laws,

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comprehensive plans, and the authority's rules, policies,

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procedures, standards, and conditions; authorizing the

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authority to exercise its powers to facilitate public-

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private projects; providing for application; providing an

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effective date.

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

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     Section 1.  Section 349.02, Florida Statutes, is amended to

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read:

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     349.02  Definitions.--

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     (1) Except in those instances where the context clearly

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indicates otherwise, whenever used or referred to in this

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chapter, the following terms whenever used or referred to in this

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law shall have the following meanings, except in those instances

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where the context clearly indicates otherwise:

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     (a)(1) The term "Authority" means shall mean the body

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politic and corporate, an agency of the state created by this

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chapter.

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     (b)(2) The term "Members" means shall mean the governing

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body of the authority, and the term "member" means shall mean one

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of the individuals constituting such governing body.

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     (c)(3) The term "Bonds" means and includes shall mean and

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include the notes, bonds, refunding bonds, or other evidences of

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indebtedness or obligations, in either temporary or definitive

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form, that which the authority is authorized to issue pursuant to

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this chapter.

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     (d)(4) The term "Lease-purchase agreement" means shall mean

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the lease-purchase agreements that which the authority is

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authorized pursuant to this chapter to enter into with the

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department of Transportation.

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     (e)(5) The term "Department" means shall mean the

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Department of Transportation existing under chapters 334-339.

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     (f)(6) The terms "Florida State Improvement Commission" or

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"commission" means shall mean the state agency created,

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organized, and existing under and by virtue of the provisions of

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former chapter 420, or the successor thereto, chapter 29788, Acts

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of 1955, now chapter 288.

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     (g)(7) The term "County" means shall mean the County of

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Duval.

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     (h)(8) The term "City" means shall mean the City of

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Jacksonville.

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     (i)(9) The term "State Board of Administration" means shall

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mean the body corporate existing under the provisions of s. 9,

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Art. XII of the State Constitution, or any successor thereto.

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     (j)(10) The term "Agency of the state" means and includes

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shall mean and include the state and any department of the state,

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or any corporation, agency, or instrumentality heretofore or

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hereafter created, designated, or established by, the state.

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     (k)(11) The term "Federal agency" means and includes shall

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mean and include the United States, the President of the United

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States, and any department of the United States, or any

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corporation, agency, or instrumentality heretofore or hereafter

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created, designated, or established by, the United States.

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     (l)(12) The term "Duval County gasoline tax funds" means

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shall mean all the 80-percent surplus gasoline tax funds accruing

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in each year to the Department of Transportation for use in Duval

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County under the provisions of s. 9, Art. XII of the State

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Constitution, after deduction only of any amounts of said

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gasoline tax funds heretofore pledged by the department or the

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county for outstanding obligations.

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     (m) "Transportation facilities" means and includes all

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mobile and fixed assets (real or personal property or rights

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therein) used in the transportation of persons or property by any

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means of conveyance whatsoever, and all appurtenances thereto,

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such as, but not limited to, highways; limited or controlled

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access lanes and facilities; docks, vessels, vehicles, fixed

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guideway facilities, and any means of conveyance of persons or

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property of all types; park-and-ride facilities; transit-related

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improvements adjacent to transit facilities or stations; bus,

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train, vessel, or other vehicle storage, cleaning, fueling,

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control, and maintenance facilities; and administrative and other

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office space for the exercise by the authority of the powers and

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obligations herein granted.

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     (2)(13) Words importing singular number shall include the

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plural number in each case and vice versa, and words importing

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persons shall include firms and corporations.

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     Section 2.  Subsections (1) and (2) of section 349.03,

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Florida Statutes, are amended to read:

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     349.03  Jacksonville Transportation Authority.--

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

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

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Jacksonville Expressway Authority, redesignated as the

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Jacksonville Transportation Authority, and hereinafter referred

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to as the "authority." Notwithstanding any other general or

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special law, the authority created under this section is an

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agency of the state and not a component unit of any other

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political subdivision.

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     (2)  The governing body of the authority shall consist of

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seven members. Three members shall be appointed by the Governor

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and confirmed by the Senate. Three members shall be appointed by

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the mayor of the City of Jacksonville subject to confirmation by

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the council of the City of Jacksonville. The seventh member shall

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be the district secretary of the Department of Transportation

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serving in the district that contains the City of Jacksonville.

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Except for the seventh member, members shall be residents and

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qualified electors of Duval County the City of Jacksonville.

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     Section 3.  Section 349.04, Florida Statutes, is amended to

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read:

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     349.04  Purposes and powers.--

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     (1)(a)  The authority created and established by the

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provisions of this chapter is hereby granted and shall have the

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right to acquire, hold, construct, improve, maintain, operate,

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own, and lease in the capacity of lessor the Jacksonville

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Expressway System (hereinafter referred to as "system"),

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heretofore partially constructed or acquired by the Florida State

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Improvement Commission in the Jacksonville, Duval County,

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metropolitan area, as more specifically described in the

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proceedings of the commission which authorized the issuance of

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$28 million in bonds of the commission for such purpose, and as

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hereafter completed or improved or extended as authorized by this

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chapter, and all appurtenant facilities, including all

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approaches, streets, roads, bicycle paths, bridges, and avenues

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of access for the Jacksonville Expressway System, and to

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construct or acquire extensions, additions, and improvements to

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the system and to complete the construction and acquisition of

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the system.

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     (b)  The authority may, in addition, acquire, hold,

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construct, improve, operate, maintain, and lease in the capacity

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of lessor a mass transit system employing motor cars or buses;

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street railway systems beneath the surface, on the surface, or

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above the surface; or any other means determined useful to the

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rapid transfer of large numbers of people among the locations of

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residence, commerce, industry, and education in Duval County the

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City of Jacksonville.

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     (c)  The authority may further plan, coordinate, and

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recommend to appropriate officers and agencies of federal, state,

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and local governments methods and facilities for the parking of

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vehicles, the movement of pedestrians, and vehicular traffic

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(including bicycles), public and private, in Duval County the

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City of Jacksonville, to accomplish a coordinated transportation

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system for the greater Jacksonville area. The authority may

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construct and operate passenger terminals for the parking of

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automobiles and movement by public conveyance of persons and

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construct and operate all other facilities necessary to a

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complete and coordinated transportation system in the

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Jacksonville area.

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     (d)  It is the express intention of this chapter that the

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authority, in completing the construction of the Jacksonville

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Expressway System, is not limited to the description thereof

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contained in the proceedings of the commission which authorized

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the issuance of $28 million in bonds to finance part of the cost

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thereof, but it is authorized to finance and construct any

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additional extensions, additions, or improvements to the system,

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or appurtenant facilities, including all necessary approaches,

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roads, bicycle ways, bridges, and avenues of access, with such

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changes, modifications, or revisions of the project as are deemed

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desirable and proper. It is the intent of this chapter, and to

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effect its purposes the Legislature determines, that bonds issued

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under this chapter be deemed to be state capital improvement

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bonds to finance or refinance the cost of state capital projects

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pursuant to s. 11(d), Art. VII of the State Constitution.

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However, the provisions of s. 316.091(2), relating to bicycles,

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do not apply to this system.

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     (e) In addition to the other powers set forth in this

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chapter, the authority has the right to plan, develop, finance,

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construct, own, lease, purchase, operate, maintain, relocate,

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equip, repair, and manage those public transportation projects,

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such as express bus services; bus rapid transit services; light

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rail, commuter rail, heavy rail, or other transit services; ferry

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services; transit stations; park-and-ride lots; transit-oriented

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development nodes; or feeder roads, reliever roads, connector

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roads, bypasses, or appurtenant facilities, that are intended to

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address critical transportation needs or concerns in the

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Jacksonville, Duval County, metropolitan area. These projects may

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also include all necessary approaches, roads, bridges, and

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avenues of access that are desirable and proper with the

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concurrence of the department, as applicable, if the project is

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to be part of the State Highway System.

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     (f)(e) The authority, in addition to the other powers and

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duties provided, shall have the power and responsibility to

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formulate and implement a plan for a mass transit system which

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will serve Duval County and the consolidated City of

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Jacksonville.

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     (2)  The authority is hereby granted, and shall have and may

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exercise all powers necessary, appurtenant, convenient, or

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incidental to the carrying out of the aforesaid purposes,

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including, but without being limited to, the right and power:

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

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complain and defend in all courts.

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     (b)  To adopt, use, and alter at will a corporate seal.

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     (c) To acquire, purchase, construct, hold, lease as lessee

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or lessor, and use any franchise or any property, real, personal,

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or mixed, tangible or intangible, or any interest therein,

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necessary or desirable for carrying out the purposes of the

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authority and to sell, lease as lessor, transfer, and dispose of

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any property or interest therein at any time acquired by it,

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including, without limitation, land, buildings, and other

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facilities located within or comprising transit-oriented

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developments which enhance the use or utility of transportation

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facilities owned or constructed by the authority and

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administrative and other buildings for the use of the authority

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in carrying out its powers and obligations granted in this

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chapter.

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     (d)  To enter into and make leases for terms not exceeding

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40 years, as either lessee or lessor, in order to carry out the

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right to lease as set forth in this chapter.

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     (e)  To enter into and make lease-purchase agreements with

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the department for terms not exceeding 40 years, or until any

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bonds secured by a pledge of rentals thereunder, and any

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refundings thereof, are fully paid as to both principal and

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interest, whichever is longer.

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

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fees, rentals, and other charges for the services and facilities

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of the Jacksonville Expressway System and any other

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transportation facilities of the authority, which rates, fees,

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rentals, and other charges shall always be sufficient to comply

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with any covenants made with the holders of any bonds issued

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pursuant to this chapter; this right and power may be assigned or

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delegated by the authority to the department.

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     (g)1.  To borrow money and make and issue negotiable notes,

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bonds, refunding bonds, and other evidences of indebtedness or

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obligations, either in temporary or definitive form, (hereinafter

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in this chapter sometimes called "bonds"), of the authority, for

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the purpose of funding or refunding, at or prior to maturity, any

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bonds theretofore issued by the authority, or by the Florida

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State Improvement Commission to finance part of the cost of the

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Jacksonville Expressway System, and purposes related thereto, and

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for the purpose of financing or refinancing all or part of the

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costs of completion, or improvement, or extension of the

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Jacksonville Expressway System, and appurtenant facilities,

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including all approaches, streets, roads, bridges, and avenues of

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access for the Jacksonville Expressway System and for any other

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purpose authorized by this chapter, such bonds to mature in not

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exceeding 40 years from the date of the issuance thereof; and to

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

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

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charges, including all or any portion of the Duval County

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gasoline tax funds received by the authority pursuant to the

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terms of any lease-purchase agreement between the authority and

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the department; and in general to provide for the security of

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such bonds and the rights and remedies of the holders thereof.

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     2.  In the event that the authority determines to fund or

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refund any bonds theretofore issued by the authority, or by the

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commission as aforesaid, prior to the maturity thereof, the

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proceeds of such funding or refunding bonds shall, pending the

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prior redemption of the bonds to be funded or refunded, be

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invested in direct obligations of the United States; and it is

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the express intention of this chapter that such outstanding bonds

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may be funded or refunded by the issuance of bonds pursuant to

339

this chapter notwithstanding that part of such outstanding bonds

340

will not mature or become redeemable until 6 years after the date

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of issuance of bonds pursuant to this chapter to fund or refund

342

such outstanding bonds.

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     (h)  To make contracts of every name and nature and to

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execute all instruments necessary or convenient for the carrying

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on of its business.

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     (i)  Without limitation of the foregoing, to borrow money

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and accept grants from, and to enter into contracts, leases, or

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other transactions with, any federal agency, the state, any

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agency of the state, the County of Duval, the City of

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Jacksonville, or any other public body of the state and to make

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purchases under government contracts, whether with a federal,

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state, or local governmental entity.

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     (j) To have the power of eminent domain, including the

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procedural powers granted under chapters 73 and 74.

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     (k)  To pledge, hypothecate, or otherwise encumber all or

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any part of the revenues, rates, fees, rentals, or other charges

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or receipts of the authority, including all or any portion of the

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Duval County gasoline tax funds received by the authority

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pursuant to the terms of any lease-purchase agreement between the

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authority and the department, as security for all or any of the

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obligations of the authority.

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     (l)  To do all acts and things necessary or convenient for

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the conduct of its business and the general welfare of the

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authority, in order to carry out the powers granted to it by this

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chapter or any other law.

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     (m) To invest and to borrow money and make and issue

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

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indebtedness or obligations, either in temporary or definitive

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form, of the authority for the purpose of financing or

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refinancing all or a part of funding or refunding the cost of the

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acquisition or improvement of transportation facilities motor or

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street railway vehicles, passenger terminals, automobile parking

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facilities, or administrative offices and for any other purposes

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authorized by this chapter, such bonds to mature in not exceeding

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40 years from the date of the issuance thereof; to secure the

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

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all of its revenues, rates, fees, rentals, or other charges,

378

including, without limitation, all or any portion of local option

379

taxes or county gasoline tax funds received by the authority; and

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in general to provide for the security of such bonds and the

381

rights and remedies of the holders thereof.

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     (n)  To adopt rules to carry out the powers and obligations

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herein granted, which set forth a purpose, necessary definitions,

384

forms, general conditions and procedures, and fines and

385

penalties, including, without limitation, suspension or

386

debarment, and charges for nonperformance, with respect to any

387

aspect of the work or function of the authority for the

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permitting, planning, funding, design, acquisition, construction,

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equipping, operation, and maintenance of transportation

390

facilities, transit and highway, within the state, provided or

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operated by the authority or others in cooperation with or at the

392

direction of the authority, and for carrying out all other

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purposes of the authority set forth or authorized in this

394

chapter.

395

     (o) To establish and fund reserve accounts with respect to

396

its operations and functions, make withdrawals therefrom, and

397

replenish such accounts, as the governing body may reasonably

398

determine.

399

     (p) To adopt and approve an annual budget, and to utilize

400

purchasing schedules and master purchasing contracts of the state

401

or any federal agency, to the extent permitted by law.

402

     (q) To retain legal counsel and financial, engineering,

403

real estate, accounting, design, planning, and other consultants

404

from time to time as the authority may determine to assist in the

405

carrying out of the powers and obligations granted in this

406

chapter.

407

     (r) With the consent of the county within whose

408

jurisdiction the following activities occur, to construct, own,

409

operate, and maintain transportation facilities outside the

410

jurisdictional boundaries of Duval County, with all necessary and

411

incidental powers to accomplish the foregoing.

412

     (s) To form, alone or with one or more other agencies of

413

the state or local governments, public benefit corporations to

414

carry out the powers and obligations granted in this chapter or

415

the powers and obligations of such other agencies or local

416

governments.

417

     (t) To require or elect not to require bid bonds and

418

protest bonds, to prequalify bidders or proposers in various

419

categories of work or services, and to suspend or debar

420

consultants and contractors in accordance with the rules of the

421

authority.

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     (u) To create and operate an employees' benefit fund for

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employees of the authority or public benefit corporations

424

controlled by it. The proceeds of vending machines located on the

425

premises of the authority or such corporations shall be paid into

426

the fund and used for such benefits and purposes as the authority

427

may determine.

428

     (3)  The authority shall have no power at any time or in any

429

manner to pledge the credit or taxing power of the state or any

430

political subdivision or agency thereof; nor shall any of the

431

obligations of the authority be deemed to be obligations of the

432

state or of any political subdivision or agency thereof; nor

433

shall the state or any political subdivision or agency thereof,

434

except the authority, be liable for the payment of the principal

435

of, or interest on, such obligations. However, this provision is

436

not applicable to the type or manner of financing authorized by

437

s. 9(c)(5), Art. XII of the State Constitution, as amended, and

438

laws enacted pursuant thereto.

439

     (4) By a resolution of its governing body, the authority

440

may expand its service area and enter into a partnership with any

441

county that is contiguous to the then-current service area of the

442

authority. The governing body shall determine the conditions and

443

terms of the partnership, except as provided in this section.

444

However, the authority may not expand its service area without

445

the consent of the governing body representing the proposed

446

expansion area.

447

     (5) Except as otherwise expressly provided in this chapter,

448

none of the powers and obligations herein granted to the

449

authority shall be subject to the supervision or require the

450

approval or consent of any municipality or county, except as may

451

be agreed upon by the authority in an interlocal agreement with a

452

municipality or county.

453

     (6) No oral modification of a contract, whether for

454

construction of highway facilities or other transportation

455

facilities, shall be binding upon the authority or form the basis

456

for a claim against the authority. Only the chair of the

457

governing body or executive director of the authority, or the

458

designee of either, may bind the authority. In addition to any

459

provisions for liquidated damages for delay by contractors in

460

construction of transportation facilities for the authority, the

461

authority may also recover from the contractor amounts owing or

462

paid by the authority for damages suffered by third parties as a

463

result of the contractor's failure to complete the project within

464

the time stipulated in the contract, as amended by the authority.

465

In all cases in which damages to the authority for delay are not

466

specified by contract as a liquidated amount, the measure of such

467

damages shall be based upon an analysis of the cost savings, in

468

travel time and travel costs, to the traveling public for

469

transportation facilities that are not revenue-producing.

470

     (7) The authority shall be deemed to be an "authority" for

471

purposes of s. 337.403, shall have all of the powers granted to

472

authorities under s. 337.403, and shall have the powers granted

473

to the Department of Transportation under s. 337.274 with respect

474

to its powers and obligations granted in this chapter.

475

     Section 4.  Section 349.041, Florida Statutes, is amended to

476

read:

477

     349.041 Provision of funds and services by city to

478

authority; employment of legal counsel.--

479

     (1) The authority shall prepare and submit annually its

480

requests for such funds as it may require from the city for the

481

ensuing year to the council of the city on or before June 1,

482

setting forth its estimated gross revenues and requirements with

483

respect to the activities or transportation facilities for which

484

funds of the city are sought estimated requirements for

485

operations, maintenance expenses, and debt service. A copy of

486

such requests shall be furnished to the Department of

487

Transportation. The council and the mayor of the City of

488

Jacksonville may appropriate such funds as they deem appropriate

489

for the use of the authority.

490

     (2) Except as the council may provide, and except as

491

otherwise required by any trust indenture outstanding on

492

September 1, 1971, the authority shall utilize, on a cost-

493

accounted basis, the central services of the city, and shall pay

494

therefor. The authority may, however, employ legal counsel it

495

deems necessary, upon resolution of the authority.

496

     Section 5. Section 349.042, Florida Statutes, is repealed.

497

     Section 6.  Section 349.043, Florida Statutes, is created to

498

read:

499

     349.043 Public hearings for transportation

500

facilities.--Transportation facilities may not be designated or

501

relocated by the authority, nor may substantive changes be made

502

thereto, until after a public hearing is conducted by the

503

authority. Any interested party shall have the opportunity to be

504

heard either in person or by counsel and to introduce testimony

505

in such person's behalf at the hearing. Reasonable notice of each

506

such public hearing shall be published in a newspaper of general

507

circulation in each county directly affected by the proposed

508

transportation facility not less than 14 days prior to the

509

hearing. In addition, the authority shall comply with all

510

applicable federal requirements related to new or altered

511

transportation facilities or services.

512

     Section 7.  Section 349.05, Florida Statutes, is amended to

513

read:

514

     349.05 Bonds of the authority; bonds not debt or pledges of

515

credit of state.--

516

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

517

pursuant to the State Bond Act or, alternatively, the authority

518

may issue bonds pursuant to paragraph (b).

519

     (b)1. The bonds of the authority issued pursuant to the

520

provisions of this chapter, whether an original issuance or on

521

refunding, shall be authorized by resolution of the members

522

thereof and may be issued in one or more series, may be either

523

term or serial bonds, and shall bear such date or dates, be

524

payable on demand or mature at such time or times, not exceeding

525

40 years from their respective dates, bear interest, fixed or

526

variable, at such rate or rates, not exceeding the maximum lawful

527

interest rate payable semiannually, be in such denominations, be

528

in such form, either coupon or fully registered, carry such

529

registration, exchangeability, and interchangeability privileges,

530

be payable in such medium of payment and at such place or places,

531

be subject to such terms of redemption, with or without premium,

532

and other terms, have such rank, and be entitled to such remedies

533

and priorities on the revenues, rates, fees, rentals, or other

534

charges or receipts of the authority including all or any portion

535

of local option sales tax or the Duval county gasoline tax funds

536

received by the authority pursuant to the terms of any lease-

537

purchase agreement between the authority and the department, as

538

the authority may determine such resolution or any resolution

539

subsequent thereto may provide. The bonds shall be executed

540

either by manual or facsimile signature by such officers as the

541

authority shall determine, provided that such bonds shall bear at

542

least one signature that which is manually executed thereon, and

543

the coupons attached to such bonds shall bear the facsimile

544

signature or signatures of such officer or officers as shall be

545

designated by the authority and shall have the seal of the

546

authority affixed, imprinted, reproduced, or lithographed

547

thereon, all as may be prescribed in such resolution or

548

resolutions.

549

     2.(b) Such bonds shall be sold at public or private sale at

550

such price or prices as the authority determines to be in its

551

best interest, except that the interest costs to the authority on

552

such bonds may not exceed the maximum lawful interest rate. The

553

authority shall provide a specific finding by resolution as to

554

the reason requiring any negotiated sale must be sold at public

555

sale in the manner provided by the State Bond Act. However, if

556

the authority, by official action at a public meeting, determines

557

that a negotiated sale of the bonds is in the best interest of

558

the authority, the authority may negotiate for sale of the bonds

559

with the underwriter or underwriters designated by the authority

560

and the Division of Bond Finance of the State Board of

561

Administration. Pending the preparation of definitive bonds,

562

interim certificates may be issued to the purchaser or purchasers

563

of such bonds and may contain such terms and conditions as the

564

authority may determine.

565

     3. The authority may issue bonds pursuant to this paragraph

566

to refund any bonds previously issued regardless of whether the

567

bonds being refunded were issued by the authority pursuant to

568

this chapter or on behalf of the authority pursuant to the State

569

Bond Act.

570

     (2)  Any such resolution or resolutions authorizing any

571

bonds hereunder may contain provisions, and valid and legally

572

binding covenants of the authority, which shall be part of the

573

contract with the holders of such bonds, as to:

574

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

575

fees, rentals, including the sales surtax adopted pursuant to s.

576

212.055(1) (including all or any portion of the Duval county

577

gasoline tax funds received by the authority pursuant to the

578

terms of any lease-purchase agreement between the authority and

579

the department, or any part thereof), or other charges or

580

receipts of any nature of the authority, whether or not derived

581

by the authority from the Jacksonville Expressway System or its

582

other transportation facilities;

583

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

584

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

585

system or transportation facilities, and the duties of the

586

authority and others, including the department, with reference

587

thereto;

588

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

589

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

590

grant, by the United States or the state may be applied;

591

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

592

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

593

and facilities of the Jacksonville Expressway System or any part

594

thereof or its other transportation facilities;

595

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

596

repair and replacement funds and the regulation and disposition

597

thereof;

598

     (f)  Limitations on the issuance of additional bonds;

599

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

600

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

601

under which the same may be issued; and

602

     (h) Any other or additional provisions, covenants, and

603

agreements with the holders of the bonds which the authority may

604

deem desirable and proper.

605

     (3) The authority may employ fiscal agents as provided by

606

this chapter or the State Board of Administration may, upon

607

request by the authority, act as fiscal agent for the authority

608

in the issuance of any bonds that may be issued pursuant to this

609

chapter, and the State Board of Administration may, upon request

610

by the authority, take over the management, control,

611

administration, custody, and payment of any or all debt services

612

or funds or assets now or hereafter available for any bonds

613

issued pursuant to this chapter. The authority may enter into

614

deeds of trust, indentures, or other agreements with a corporate

615

trustee or trustees, which shall act as its fiscal agent for the

616

authority and may be, or with any bank or trust company within or

617

without the state, as security for such bonds, and may, under

618

such agreements, assign and pledge all or any of the revenues,

619

rates, fees, rentals, or other charges or receipts of the

620

authority, including all or any portion of local option taxes or

621

the Duval county gasoline tax funds received by the authority

622

pursuant to the terms of any lease-purchase agreement between the

623

authority and the department, thereunder. Such deed of trust,

624

indenture, or other agreement, may contain such provisions as are

625

is customary in such instruments or, as the authority may

626

authorize, including, but without limitation, provisions as to:

627

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

628

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

629

relating to, all or any part of transportation facilities

630

authorized in this chapter to be constructed, acquired,

631

developed, or operated by the authority the Jacksonville

632

Expressway System, and the duties of the authority and others,

633

including the department, with reference thereto;

634

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

635

on hand or on deposit;

636

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

637

of the bonds; and

638

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

639

resolutions authorizing the issuance of the same.

640

     (4)  Any of the bonds issued pursuant to this chapter are,

641

and are hereby declared to be, negotiable instruments, and shall

642

have all the qualities and incidents of negotiable instruments

643

under the law merchant and the negotiable instruments law of the

644

state.

645

     (5)  Notwithstanding any of the provisions of this chapter,

646

each project, building, or facility that which has been financed

647

by the issuance of bonds or other evidences of indebtedness under

648

this chapter and any refinancing thereof is hereby approved as

649

provided for in s. 11(f), Art. VII of the State Constitution.

650

     (6) Revenue bonds issued under the provisions of this

651

chapter are not debts of the state or pledges of the faith and

652

credit of the state. Such bonds are payable exclusively from

653

revenues pledged for their payment. Each such bond shall contain

654

a statement on its face that the state is not obligated to pay

655

the same or the interest thereon, except from the revenues

656

pledged for their payment, and that the faith and credit of the

657

state is not pledged to the payment of the principle or interest

658

of such bond. The issuance of revenue bonds under the provisions

659

of this chapter does not directly, indirectly, or contingently

660

obligate the state to levy or to pledge any form of taxation

661

whatsoever or to make any appropriation for their payment.

662

     Section 8. Section 349.06, Florida Statutes, is repealed.

663

     Section 9.  Section 349.061, Florida Statutes, is created to

664

read:

665

     349.061 Bond financing authority.--Pursuant to s. 11(f),

666

Art. VII of the State Constitution, the Legislature hereby

667

approves for bond financing by the authority any extensions,

668

additions, and improvements to the Jacksonville Expressway System

669

and any other facilities appurtenant, necessary, or incidental to

670

the system or any transportation facilities herein authorized to

671

be constructed, acquired, or operated by the authority. Subject

672

to terms and conditions of applicable revenue bond resolutions

673

and covenants, such costs may be financed in whole or in part by

674

revenue bonds issued pursuant to s. 349.05(1)(a) or (b), whether

675

currently issued or issued in the future, or by a combination of

676

such bonds.

677

     Section 10.  Subsection (7) of section 349.07, Florida

678

Statutes, is amended to read:

679

     349.07  Lease-purchase agreement.--

680

     (7) Regardless of whether the authority enters into a

681

lease-purchase agreement with the department relating to the

682

system or any part thereof, the Said system shall be a part of

683

the State Highway road System and the said department is hereby

684

authorized, upon the request of the authority, to expend out of

685

any funds available for the purpose such moneys, and to use such

686

of its engineering and other forces, as may be necessary and

687

desirable in the judgment of the said department, for the

688

operation of the said authority and for traffic surveys, borings,

689

surveys, preparation of plans and specifications, estimates of

690

cost, and other preliminary engineering and other studies;

691

provided, however, that the aggregate amount of moneys expended

692

for said purposes by said department shall not exceed the sum of

693

$375,000.

694

     Section 11.  Section 349.10, Florida Statutes, is amended to

695

read:

696

     349.10  Acquisition of lands and property.--

697

     (1) For the purposes of this chapter, law the Jacksonville

698

Transportation Authority may acquire private or public property

699

and property rights, including rights of access, air, view, and

700

light, by gift, devise, purchase, or condemnation by eminent

701

domain proceedings, as the authority may deem necessary,

702

including, but not limited to, any lands reasonably necessary for

703

securing applicable permits, areas necessary for management of

704

access, borrow pits, drainage ditches, water retention areas,

705

rest areas, replacement access for landowners whose access is

706

impaired due to the construction of transportation facilities,

707

and replacement rights-of-way for relocated rail and utility

708

facilities, and areas necessary for existing, proposed, or

709

anticipated transportation facilities or in a transportation

710

corridor designated by the authority. The authority shall also

711

have the power to condemn any material and property necessary for

712

such for any of the purposes of this chapter. The right of

713

eminent domain herein conferred shall be exercised by the

714

authority in the manner provided by law.

715

     (2)  The authority may acquire such rights, title, interest,

716

or easements in such lands as it may deem necessary for any of

717

the purposes of this chapter.

718

     (3)  In connection with the acquisition of property or

719

property rights as herein provided, the authority may in its

720

discretion acquire an entire lot, block, or tract of land, if by

721

so doing the interests of the public will be best served, even

722

though said entire lot, block, or tract is not immediately needed

723

for the right-of-way proper.

724

     (4) When the authority acquires property for a

725

transportation facility or in a transportation corridor, it is

726

not subject to any liability imposed by chapter 376 or chapter

727

403 for preexisting soil or groundwater contamination due solely

728

to its ownership. This section does not affect the rights or

729

liabilities of any past or future owners of the acquired property

730

nor does it affect the liability of any governmental entity for

731

the results of its actions that create or exacerbate a pollution

732

source. The authority and the Department of Environmental

733

Protection may enter into interagency agreements for the

734

performance, funding, and reimbursement for the costs of the

735

investigative and remedial acts necessary for property acquired

736

by the authority.

737

     Section 12.  Section 349.12, Florida Statutes, is amended to

738

read:

739

     349.12  Covenant of the state.--The state does hereby pledge

740

to, and agree agrees, with any person, firm or corporation, or

741

federal or state agency subscribing to, or acquiring the bonds to

742

be issued by the authority for the purposes of this chapter that

743

the state will not limit or alter the rights hereby vested in the

744

authority and the department until all bonds at any time issued,

745

together with the interest thereon, are fully paid and discharged

746

insofar as the same affects the rights of the holders of bonds

747

issued hereunder. The state does further pledge to, and agree,

748

with the United States and any federal agency that, in the event

749

that any federal agency shall construct or contribute any funds

750

for the completion, extension, or improvement of the Jacksonville

751

Expressway System or other transportation facilities of the

752

authority, or any part or portion thereof, the state will not

753

alter or limit the rights and powers of the authority and the

754

department in any manner that which would be inconsistent with

755

the continued maintenance and operation of the Jacksonville

756

Expressway System or other transportation facilities of the

757

authority or the completion, extension, or improvement thereof,

758

or that which would be inconsistent with the due performance of

759

any agreements between the authority and any such federal agency,

760

and the authority and the department shall continue to have and

761

may exercise all powers herein granted, so long as the same shall

762

be necessary or desirable for the carrying out of the purposes of

763

this chapter and the purposes of the United States in the

764

completion, extension, or improvement of the Jacksonville

765

Expressway System or other transportation facilities of the

766

authority, or any part or portion thereof.

767

     Section 13.  Section 349.13, Florida Statutes, is amended to

768

read:

769

     349.13  Exemption from taxation.--The effectuation of the

770

authorized purposes of the authority created under this chapter

771

is, shall and will be, in all respects for the benefit of the

772

people of the state, for the increase of their commerce and

773

prosperity, and for the improvement of their health and living

774

conditions, and since such authority will be performing essential

775

governmental functions in effectuating such purposes, such

776

authority shall not be required to pay any taxes or assessments

777

of any kind or nature whatsoever upon any property acquired or

778

used by it for such purposes, or upon any rates, fees, rentals,

779

receipts, income, or charges at any time received by it, and the

780

bonds and other obligations issued under this chapter by the

781

authority, their transfer and the income therefrom, (including

782

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

783

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

784

subdivision, or taxing agency or instrumentality thereof. The

785

exemption granted by this section shall not be applicable to any

786

tax imposed by chapter 220 on interest, income, or profits on

787

debt obligations owned by corporations. When property of the

788

authority is leased, it shall be exempt from ad valorem taxes

789

only if the use by the lessee qualifies the property for

790

exemption under s. 196.199.

791

     Section 14.  Section 349.15, Florida Statutes, is amended to

792

read:

793

     349.15 Remedies; pledges enforceable by bondholders.--Any

794

holder of bonds issued under this chapter, except to the extent

795

such rights may be restricted by the resolution, deed of trust,

796

indenture, or other proceeding relating to the issuance of such

797

bonds, may by civil action, mandamus, or other appropriate

798

action, suit, or proceeding in law or in equity, in any court of

799

competent jurisdiction, protect and enforce any and all rights of

800

such bondholder granted under the proceedings authorizing the

801

issuance of such bonds and enforce any pledge made for payment of

802

the principal and interest on bonds, or any covenant or agreement

803

relative thereto, against the authority or directly against the

804

department, as may be appropriate. It is the express intention of

805

this chapter that any pledge by the department of rates, fees,

806

revenues, Duval county gasoline tax funds, or other funds, as

807

rentals, to the authority or any covenants or agreements relative

808

thereto may be enforceable in any court of competent jurisdiction

809

against the authority or directly against the department by any

810

holder of bonds issued by the authority.

811

     Section 15.  Section 349.17, Florida Statutes, is amended to

812

read:

813

     349.17  Chapter complete and additional authority.--

814

     (1)  The powers conferred by this chapter shall be in

815

addition and supplemental to the existing powers of said board

816

and the Department of Transportation, and this chapter shall not

817

be construed as repealing any of the provisions of any other law,

818

general, special, or local, but to supersede such other laws in

819

the exercise of the powers provided in this chapter, and to

820

provide a complete method for the exercise of the powers granted

821

in this chapter. The refunding of any of the bonds of Florida

822

State Improvement Commission heretofore issued to finance part of

823

the cost of said Jacksonville Expressway System, and the

824

completion, extension, and improvement of said system, and the

825

issuance of bonds hereunder to finance all or part of the cost

826

thereof, may be accomplished upon compliance with the provisions

827

of this chapter without regard to or necessity for compliance

828

with the provisions, limitations, or restrictions contained in

829

any other general, special, or local law, including, without

830

limitation, s. 215.821, and no approval of any bonds issued under

831

this chapter by the qualified electors or qualified electors who

832

are freeholders in the state or in said County of Duval, or in

833

said City of Jacksonville, or in any other political subdivision

834

of the state, shall be required for the issuance of such bonds

835

pursuant to this chapter.

836

     (2) This chapter shall not be deemed to repeal, rescind, or

837

modify any other law or laws relating to said State Board of

838

Administration, said Department of Transportation, or said

839

Florida State Improvement Commission, but shall be deemed to and

840

shall supersede such other law or laws in the exercise of the

841

powers provided in this chapter insofar as such other law or laws

842

are inconsistent with the provisions of this chapter, including,

843

without limitation, s. 215.821.

844

     Section 16.  Section 349.21, Florida Statutes, is amended to

845

read:

846

     349.21  Powers conferred by s. 212.055(1).--Notwithstanding

847

any other provision of law, any transportation authority created

848

by this chapter shall have all the powers conferred by s.

849

212.055(1). The revenues provided by this section may shall be

850

used or pledged as set forth in s. 212.055(1), including to pay

851

principal and interest on bonds issued to refinance existing

852

bonds or new bonds issued for the construction of rapid transit

853

systems, bus systems, roads, or bridges, as provided in s.

854

212.055(1) for which tolls have been pledged. The powers provided

855

by this section shall expire when all such bonds in existence on

856

the effective date of this act have been retired.

857

     Section 17.  Section 349.22, Florida Statutes, is created to

858

read:

859

     349.22 Public-private transportation facilities.--

860

     (1) The authority may receive or solicit proposals and

861

enter into agreements with private entities or consortia thereof

862

for the building, operation, ownership, or financing of highways,

863

bridges, multimodal transportation systems, transit-oriented

864

development nodes, transit stations, or related transportation

865

facilities. Before approval, the authority must determine that a

866

proposed project:

867

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

868

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

869

project is on or provides increased mobility on the State Highway

870

System.

871

     (c) Would have adequate safeguards to ensure that

872

additional costs or unreasonable service disruptions would not be

873

realized by the traveling public and citizens of the state in the

874

event of default or cancellation of the agreement by the

875

authority.

876

     (2) The authority shall ensure that all reasonable costs to

877

the state related to transportation facilities that are not part

878

of the State Highway System are borne by the private entity or

879

any partnership created to develop the facilities. The authority

880

shall also ensure that all reasonable costs to the state and

881

substantially affected local governments and utilities related to

882

the private transportation facility are borne by the private

883

entity for transportation facilities that are owned by private

884

entities. For projects on the State Highway System or that

885

provide increased mobility on the State Highway System, the

886

department may use state resources to participate in funding and

887

financing the project as provided for under the department's

888

enabling legislation.

889

     (3) The authority may request proposals and receive

890

unsolicited proposals for public-private transportation projects

891

and, upon receipt of any unsolicited proposal or determination to

892

issue a request for proposals, the authority must publish a

893

notice in the Florida Administrative Weekly and a newspaper of

894

general circulation in the county in which the proposed project

895

is located at least once a week for 2 weeks requesting proposals

896

or, if an unsolicited proposal was received, stating that it has

897

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

898

initial date of publication, other proposals for the same project

899

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

900

government in the affected areas. After the public notification

901

period has expired, the authority shall rank the proposals in

902

order of preference. In ranking the proposals, the authority

903

shall consider professional qualifications, general business

904

terms, innovative engineering or cost-reduction terms, finance

905

plans, and the need for state funds to deliver the proposal. If

906

the authority is not satisfied with the results of the

907

negotiations, it may, at its sole discretion, terminate

908

negotiations with the proposer. If these negotiations are

909

unsuccessful, the authority may go to the second and lower-ranked

910

firms, in order, using the same procedure. If only one proposal

911

is received, the authority may negotiate in good faith and, if it

912

is not satisfied with the results, it may, at its sole

913

discretion, terminate negotiations with the proposer.

914

Notwithstanding this subsection, the authority may, at its

915

discretion, reject all proposals at any point in the process up

916

to completion of a contract with the proposer.

917

     (4) Agreements entered into pursuant to this section may

918

authorize the public-private entity to impose tolls or fares for

919

the use of the transportation facility. However, the amount and

920

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

921

to avoid unreasonable costs to users of the facility.

922

     (5) Each public-private transportation facility constructed

923

pursuant to this section shall comply with all requirements of

924

federal, state, and local laws; state, regional, and local

925

comprehensive plans; the authority's rules, policies, procedures,

926

and standards for transportation facilities; and any other

927

conditions that the authority determines to be in the public's

928

best interest.

929

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

930

eminent domain, to facilitate the development and construction of

931

transportation projects pursuant to this section. The authority

932

may pay all or part of the cost of operating and maintaining the

933

facility or may provide services to the private entity, for which

934

services it shall receive full or partial reimbursement.

935

     (7) Except as provided in this section, this section is not

936

intended to amend existing law by granting additional powers to

937

or imposing further restrictions on the governmental entities

938

with regard to regulating and entering into cooperative

939

arrangements with the private sector for the planning,

940

construction, and operation of transportation facilities.

941

     Section 18.  This act shall take effect July 1, 2008.