Amendment
Bill No. CS/CS/HB 1329

Amendment No. 822281

CHAMBER ACTION
Senate		House
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1	Representative Kravitz offered the following:
2
3	Amendment (with title amendment)
4	Between lines 1916 and 1917, insert:
5	Section 41.  Section 349.02, Florida Statutes, is amended
6	to read:
7	349.02  Definitions.--
8	(1)  Except in those instances where the context clearly
9	indicates otherwise, whenever used or referred to in this
10	chapter, the following terms whenever used or referred to in
11	this law shall have the following meanings, except in those
12	instances where the context clearly indicates otherwise:
13	(a)(1)  The term "Authority" means shall mean the body
14	politic and corporate, an agency of the state created by this
15	chapter.
16	(b)(2)  The term "Members" means shall mean the governing
17	body of the authority, and the term "member" means shall mean
18	one of the individuals constituting such governing body.
19	(c)(3)  The term "Bonds" means and includes shall mean and
20	include the notes, bonds, refunding bonds, or other evidences of
21	indebtedness or obligations, in either temporary or definitive
22	form, that which the authority is authorized to issue pursuant
23	to this chapter.
24	(d)(4)  The term "Lease-purchase agreement" means shall
25	mean the lease-purchase agreements that which the authority is
26	authorized pursuant to this chapter to enter into with the
27	department of Transportation.
28	(e)(5)  The term "Department" means shall mean the
29	Department of Transportation existing under chapters 334-339.
30	(f)(6)  The terms "Florida State Improvement Commission" or
31	"commission" means shall mean the state agency created,
32	organized, and existing under and by virtue of the provisions of
33	former chapter 420, or the successor thereto, chapter 29788,
34	Acts of 1955, now chapter 288.
35	(g)(7)  The term "County" means shall mean the County of
36	Duval.
37	(h)(8)  The term "City" means shall mean the City of
38	Jacksonville.
39	(i)(9)  The term "State Board of Administration" means
40	shall mean the body corporate existing under the provisions of
41	s. 9, Art. XII of the State Constitution, or any successor
42	thereto.
43	(j)(10)  The term "Agency of the state" means and includes
44	shall mean and include the state and any department of the
45	state, or any corporation, agency, or instrumentality heretofore
46	or hereafter created, designated, or established by, the state.
47	(k)(11)  The term "Federal agency" means and includes shall
48	mean and include the United States, the President of the United
49	States, and any department of the United States, or any
50	corporation, agency, or instrumentality heretofore or hereafter
51	created, designated, or established by, the United States.
52	(l)(12)  The term "Duval County gasoline tax funds" means
53	shall mean all the 80-percent surplus gasoline tax funds
54	accruing in each year to the Department of Transportation for
55	use in Duval County under the provisions of s. 9, Art. XII of
56	the State Constitution, after deduction only of any amounts of
57	said gasoline tax funds heretofore pledged by the department or
58	the county for outstanding obligations.
59	(m)  "Transportation facilities" means and includes all
60	mobile and fixed assets (real or personal property or rights
61	therein) used in the transportation of persons or property by
62	any means of conveyance whatsoever, and all appurtenances
63	thereto, such as, but not limited to, highways; limited or
64	controlled access lanes and facilities; docks, vessels,
65	vehicles, fixed guideway facilities, and any means of conveyance
66	of persons or property of all types; park-and-ride facilities;
67	transit-related improvements adjacent to transit facilities or
68	stations; bus, train, vessel, or other vehicle storage,
69	cleaning, fueling, control, and maintenance facilities; and
70	administrative and other office space for the exercise by the
71	authority of the powers and obligations herein granted.
72	(2)(13)  Words importing singular number shall include the
73	plural number in each case and vice versa, and words importing
74	persons shall include firms and corporations.
75	Section 42.  Subsections (1) and (2) of section 349.03,
76	Florida Statutes, are amended to read:
77	349.03  Jacksonville Transportation Authority.--
78	(1)  There is hereby created and established a body politic
79	and corporate and an agency of the state to be known as the
80	Jacksonville Expressway Authority, redesignated as the
81	Jacksonville Transportation Authority, and hereinafter referred
82	to as the "authority."
83	(2)  The governing body of the authority shall consist of
84	seven members. Three members shall be appointed by the Governor
85	and confirmed by the Senate. Three members shall be appointed by
86	the mayor of the City of Jacksonville subject to confirmation by
87	the council of the City of Jacksonville. The seventh member
88	shall be the district secretary of the Department of
89	Transportation serving in the district that contains the City of
90	Jacksonville. Except for the seventh member, members shall be
91	residents and qualified electors of Duval County the City of
92	Jacksonville.
93	Section 43.  Section 349.04, Florida Statutes, is amended
94	to read:
95	349.04  Purposes and powers.--
96	(1)(a)  The authority created and established by the
97	provisions of this chapter is hereby granted and shall have the
98	right to acquire, hold, construct, improve, maintain, operate,
99	own, and lease in the capacity of lessor the Jacksonville
100	Expressway System (hereinafter referred to as "system"),
101	heretofore partially constructed or acquired by the Florida
102	State Improvement Commission in the Jacksonville, Duval County,
103	metropolitan area, as more specifically described in the
104	proceedings of the commission which authorized the issuance of
105	$28 million in bonds of the commission for such purpose, and as
106	hereafter completed or improved or extended as authorized by
107	this chapter, and all appurtenant facilities, including all
108	approaches, streets, roads, bicycle paths, bridges, and avenues
109	of access for the Jacksonville Expressway System, and to
110	construct or acquire extensions, additions, and improvements to
111	the system and to complete the construction and acquisition of
112	the system.
113	(b)  The authority may, in addition, acquire, hold,
114	construct, improve, operate, maintain, and lease in the capacity
115	of lessor a mass transit system employing motor cars or buses;
116	street railway systems beneath the surface, on the surface, or
117	above the surface; or any other means determined useful to the
118	rapid transfer of large numbers of people among the locations of
119	residence, commerce, industry, and education in Duval County the
120	City of Jacksonville.
121	(c)  The authority may further plan, coordinate, and
122	recommend to appropriate officers and agencies of federal,
123	state, and local governments methods and facilities for the
124	parking of vehicles, the movement of pedestrians, and vehicular
125	traffic (including bicycles), public and private, in Duval
126	County the City of Jacksonville, to accomplish a coordinated
127	transportation system for the greater Jacksonville area. The
128	authority may construct and operate passenger terminals for the
129	parking of automobiles and movement by public conveyance of
130	persons and construct and operate all other facilities necessary
131	to a complete and coordinated transportation system in the
132	Jacksonville area.
133	(d)  It is the express intention of this chapter that the
134	authority, in completing the construction of the Jacksonville
135	Expressway System, is not limited to the description thereof
136	contained in the proceedings of the commission which authorized
137	the issuance of $28 million in bonds to finance part of the cost
138	thereof, but it is authorized to finance and construct any
139	additional extensions, additions, or improvements to the system,
140	or appurtenant facilities, including all necessary approaches,
141	roads, bicycle ways, bridges, and avenues of access, with such
142	changes, modifications, or revisions of the project as are
143	deemed desirable and proper. It is the intent of this chapter,
144	and to effect its purposes the Legislature determines, that
145	bonds issued under this chapter be deemed to be state capital
146	improvement bonds to finance or refinance the cost of state
147	capital projects pursuant to s. 11(d), Art. VII of the State
148	Constitution. However, the provisions of s. 316.091(2), relating
149	to bicycles, do not apply to this system.
150	(e)  In addition to the other powers set forth in this
151	chapter, the authority has the right to plan, develop, finance,
152	construct, own, lease, purchase, operate, maintain, relocate,
153	equip, repair, and manage those public transportation projects,
154	such as express bus services; bus rapid transit services; light
155	rail, commuter rail, heavy rail, or other transit services;
156	ferry services; transit stations; park-and-ride lots; transit-
157	oriented development nodes; or feeder roads, reliever roads,
158	connector roads, bypasses, or appurtenant facilities, that are
159	intended to address critical transportation needs or concerns in
160	the Jacksonville, Duval County, metropolitan area. These
161	projects may also include all necessary approaches, roads,
162	bridges, and avenues of access that are desirable and proper
163	with the concurrence of the department, as applicable, if the
164	project is to be part of the State Highway System.
165	(f)(e)  The authority, in addition to the other powers and
166	duties provided, shall have the power and responsibility to
167	formulate and implement a plan for a mass transit system which
168	will serve Duval County and the consolidated City of
169	Jacksonville.
170	(2)  The authority is hereby granted, and shall have and
171	may exercise all powers necessary, appurtenant, convenient, or
172	incidental to the carrying out of the aforesaid purposes,
173	including, but without being limited to, the right and power:
174	(a)  To sue and be sued, implead and be impleaded, and
175	complain and defend in all courts.
176	(b)  To adopt, use, and alter at will a corporate seal.
177	(c)  To acquire, purchase, construct, hold, lease as lessee
178	or lessor, and use any franchise or any property, real,
179	personal, or mixed, tangible or intangible, or any interest
180	therein, necessary or desirable for carrying out the purposes of
181	the authority and to sell, lease as lessor, transfer, and
182	dispose of any property or interest therein at any time acquired
183	by it, including, without limitation, land, buildings, and other
184	facilities located within or comprising transit-oriented
185	developments which enhance the use or utility of transportation
186	facilities owned or constructed by the authority and
187	administrative and other buildings for the use of the authority
188	in carrying out its powers and obligations granted in this
189	chapter.
190	(d)  To enter into and make leases for terms not exceeding
191	40 years, as either lessee or lessor, in order to carry out the
192	right to lease as set forth in this chapter.
193	(e)  To enter into and make lease-purchase agreements with
194	the department for terms not exceeding 40 years, or until any
195	bonds secured by a pledge of rentals thereunder, and any
196	refundings thereof, are fully paid as to both principal and
197	interest, whichever is longer.
198	(f)  To fix, alter, charge, establish, and collect rates,
199	fees, rentals, and other charges for the services and facilities
200	of the Jacksonville Expressway System and any other
201	transportation facilities of the authority, which rates, fees,
202	rentals, and other charges shall always be sufficient to comply
203	with any covenants made with the holders of any bonds issued
204	pursuant to this chapter; this right and power may be assigned
205	or delegated by the authority to the department.
206	(g)1.  To borrow money and make and issue negotiable notes,
207	bonds, refunding bonds, and other evidences of indebtedness or
208	obligations, either in temporary or definitive form,
209	(hereinafter in this chapter sometimes called "bonds"), of the
210	authority, for the purpose of funding or refunding, at or prior
211	to maturity, any bonds theretofore issued by the authority, or
212	by the Florida State Improvement Commission to finance part of
213	the cost of the Jacksonville Expressway System, and purposes
214	related thereto, and for the purpose of financing or refinancing
215	all or part of the costs of completion, or improvement, or
216	extension of the Jacksonville Expressway System, and appurtenant
217	facilities, including all approaches, streets, roads, bridges,
218	and avenues of access for the Jacksonville Expressway System and
219	for any other purpose authorized by this chapter, such bonds to
220	mature in not exceeding 40 years from the date of the issuance
221	thereof; and to secure the payment of such bonds or any part
222	thereof by a pledge of any or all of its revenues, rates, fees,
223	rentals, or other charges, including all or any portion of the
224	Duval County gasoline tax funds received by the authority
225	pursuant to the terms of any lease-purchase agreement between
226	the authority and the department; and in general to provide for
227	the security of such bonds and the rights and remedies of the
228	holders thereof.
229	2.  In the event that the authority determines to fund or
230	refund any bonds theretofore issued by the authority, or by the
231	commission as aforesaid, prior to the maturity thereof, the
232	proceeds of such funding or refunding bonds shall, pending the
233	prior redemption of the bonds to be funded or refunded, be
234	invested in direct obligations of the United States; and it is
235	the express intention of this chapter that such outstanding
236	bonds may be funded or refunded by the issuance of bonds
237	pursuant to this chapter notwithstanding that part of such
238	outstanding bonds will not mature or become redeemable until 6
239	years after the date of issuance of bonds pursuant to this
240	chapter to fund or refund such outstanding bonds.
241	(h)  To make contracts of every name and nature and to
242	execute all instruments necessary or convenient for the carrying
243	on of its business.
244	(i)  Without limitation of the foregoing, to borrow money
245	and accept grants from, and to enter into contracts, leases, or
246	other transactions with, any federal agency, the state, any
247	agency of the state, the County of Duval, the City of
248	Jacksonville, or any other public body of the state.
249	(j)  To have the power of eminent domain, including the
250	procedural powers granted under chapters 73 and 74.
251	(k)  To pledge, hypothecate, or otherwise encumber all or
252	any part of the revenues, rates, fees, rentals, or other charges
253	or receipts of the authority, including all or any portion of
254	the Duval County gasoline tax funds received by the authority
255	pursuant to the terms of any lease-purchase agreement between
256	the authority and the department, as security for all or any of
257	the obligations of the authority.
258	(l)  To do all acts and things necessary or convenient for
259	the conduct of its business and the general welfare of the
260	authority, in order to carry out the powers granted to it by
261	this chapter or any other law.
262	(m)  To invest and to borrow money and make and issue
263	negotiable notes, bonds, refunding bonds, and other evidences of
264	indebtedness or obligations, either in temporary or definitive
265	form, of the authority for the purpose of financing or
266	refinancing all or a part of funding or refunding the cost of
267	the acquisition or improvement of transportation facilities
268	motor or street railway vehicles, passenger terminals,
269	automobile parking facilities, or administrative offices and for
270	any other purposes authorized by this chapter, such bonds to
271	mature in not exceeding 40 years from the date of the issuance
272	thereof; to secure the payment of such bonds or any part thereof
273	by a pledge of any or all of its revenues, rates, fees, rentals,
274	or other charges, including, without limitation, all or any
275	portion of local option taxes or county gasoline tax funds
276	received by the authority; and in general to provide for the
277	security of such bonds and the rights and remedies of the
278	holders thereof.
279	(n)  To adopt rules to carry out the powers and obligations
280	herein granted, which set forth a purpose, necessary
281	definitions, forms, general conditions and procedures, and fines
282	and penalties, including, without limitation, suspension or
283	debarment, and charges for nonperformance, with respect to any
284	aspect of the work or function of the authority for the
285	permitting, planning, funding, design, acquisition,
286	construction, equipping, operation, and maintenance of
287	transportation facilities, transit and highway, within the
288	state, provided or operated by the authority or others in
289	cooperation with or at the direction of the authority, and for
290	carrying out all other purposes of the authority set forth or
291	authorized in this chapter.
292	(o)  To establish and fund reserve accounts with respect to
293	its operations and functions, make withdrawals therefrom, and
294	replenish such accounts, as the governing body may reasonably
295	determine.
296	(p)  To adopt and approve an annual budget, and to utilize
297	purchasing schedules and master purchasing contracts of the
298	state or any federal agency, to the extent permitted by law.
299	(q)  To retain legal counsel and financial, engineering,
300	real estate, accounting, design, planning, and other consultants
301	from time to time as the authority may determine to assist in
302	the carrying out of the powers and obligations granted in this
303	chapter.
304	(r)  With the consent of the county within whose
305	jurisdiction the following activities occur, to construct, own,
306	operate, and maintain transportation facilities outside the
307	jurisdictional boundaries of Duval County, with all necessary
308	and incidental powers to accomplish the foregoing.
309	(s)  To form, alone or with one or more other agencies of
310	the state or local governments, public benefit corporations to
311	carry out the powers and obligations granted in this chapter or
312	the powers and obligations of such other agencies or local
313	governments.
314	(t)  To require or elect not to require bid bonds and
315	protest bonds, to prequalify bidders or proposers in various
316	categories of work or services, and to suspend or debar
317	consultants and contractors in accordance with the rules of the
318	authority.
319	(u)  To create and operate an employees' benefit fund for
320	employees of the authority or public benefit corporations
321	controlled by it. The proceeds of vending machines located on
322	the premises of the authority or such corporations shall be paid
323	into the fund and used for such benefits and purposes as the
324	authority may determine.
325	(3)  The authority shall have no power at any time or in
326	any manner to pledge the credit or taxing power of the state or
327	any political subdivision or agency thereof; nor shall any of
328	the obligations of the authority be deemed to be obligations of
329	the state or of any political subdivision or agency thereof; nor
330	shall the state or any political subdivision or agency thereof,
331	except the authority, be liable for the payment of the principal
332	of, or interest on, such obligations. However, this provision is
333	not applicable to the type or manner of financing authorized by
334	s. 9(c)(5), Art. XII of the State Constitution, as amended, and
335	laws enacted pursuant thereto.
336	(4)  By a resolution of its governing body, the authority
337	may expand its service area and enter into a partnership with
338	any county that is contiguous to the then-current service area
339	of the authority. The governing body shall determine the
340	conditions and terms of the partnership, except as provided in
341	this section. However, the authority may not expand its service
342	area without the consent of the governing body representing the
343	proposed expansion area.
344	(5)  Except as otherwise expressly provided in this
345	chapter, none of the powers and obligations herein granted to
346	the authority shall be subject to the supervision or require the
347	approval or consent of any municipality or county, except as may
348	be agreed upon by the authority in an interlocal agreement with
349	a municipality or county.
350	(6)  No oral modification of a contract, whether for
351	construction of highway facilities or other transportation
352	facilities, shall be binding upon the authority or form the
353	basis for a claim against the authority. Only the chair of the
354	governing body or executive director of the authority, or the
355	designee of either, may bind the authority. The authority may
356	provide for liquidated damages for delay by contractors in
357	construction of transportation facilities for the authority, or
358	other contractually agreed-upon damage measures for delay.
359	(7)  The authority shall be deemed to be an "authority" for
360	purposes of s. 337.403, shall have all of the powers granted to
361	authorities under s. 337.403, and shall have the powers granted
362	to the Department of Transportation under s. 337.274 with
363	respect to its powers and obligations granted in this chapter.
364	Section 44.  Section 349.041, Florida Statutes, is amended
365	to read:
366	349.041  Provision of funds and services by city to
367	authority; employment of legal counsel.--
368	(1)  The authority shall prepare and submit annually its
369	requests for such funds as it may require from the city for the
370	ensuing year to the council of the city on or before June 1,
371	setting forth its estimated gross revenues and estimated
372	requirements for operations, maintenance expenses, and debt
373	service. A copy of such requests shall be furnished to the
374	Department of Transportation. The council and the mayor of the
375	City of Jacksonville may appropriate such funds as they deem
376	appropriate for the use of the authority, and the use of such
377	funds shall be subject to audit by the Council Auditor of the
378	City of Jacksonville.
379	(2)  Except as the council may provide, and except as
380	otherwise required by any trust indenture outstanding on
381	September 1, 1971, the authority may use shall utilize, on a
382	cost-accounted basis, the central services of the city, and
383	shall pay therefor. The authority may, however, employ legal
384	counsel it deems necessary, upon resolution of the authority.
385	Section 45.  Section 349.042, Florida Statutes, is
386	repealed.
387	Section 46.  Section 349.043, Florida Statutes, is created
388	to read:
389	349.043  Public hearings for transportation
390	facilities.--Transportation facilities may not be designated or
391	relocated by the authority, nor may substantive changes be made
392	thereto, until after a public hearing is conducted by the
393	authority. Any interested party shall have the opportunity to be
394	heard either in person or by counsel and to introduce testimony
395	in such person's behalf at the hearing. Reasonable notice of
396	each such public hearing shall be published in a newspaper of
397	general circulation in each county directly affected by the
398	proposed transportation facility not less than 14 days prior to
399	the hearing. In addition, the authority shall comply with all
400	applicable federal and state requirements related to new or
401	altered transportation facilities or services.
402	Section 47.  Section 349.05, Florida Statutes, is amended
403	to read:
404	349.05  Bonds of the authority; bonds not debt or pledges
405	of credit of state.--
406	(1)(a)  Bonds may be issued on behalf of the authority
407	pursuant to the State Bond Act or, alternatively, the authority
408	may issue bonds pursuant to paragraph (b).
409	(b)1.  The bonds of the authority issued pursuant to the
410	provisions of this chapter, whether an original issuance or on
411	refunding, shall be authorized by resolution of the members
412	thereof and may be issued in one or more series, may be either
413	term or serial bonds, and shall bear such date or dates, be
414	payable on demand or mature at such time or times, not exceeding
415	40 years from their respective dates, bear interest, fixed or
416	variable, at such rate or rates, not exceeding the maximum
417	lawful interest rate payable semiannually, be in such
418	denominations, be in such form, either coupon or fully
419	registered, carry such registration, exchangeability, and
420	interchangeability privileges, be payable in such medium of
421	payment and at such place or places, be subject to such terms of
422	redemption, with or without premium, and other terms, have such
423	rank, and be entitled to such remedies and priorities on the
424	revenues, rates, fees, rentals, or other charges or receipts of
425	the authority including all or any portion of local option sales
426	tax or the Duval county gasoline tax funds received by the
427	authority pursuant to the terms of any lease-purchase agreement
428	between the authority and the department, as the authority may
429	determine such resolution or any resolution subsequent thereto
430	may provide. The bonds shall be executed either by manual or
431	facsimile signature by such officers as the authority shall
432	determine, provided that such bonds shall bear at least one
433	signature that which is manually executed thereon, and the
434	coupons attached to such bonds shall bear the facsimile
435	signature or signatures of such officer or officers as shall be
436	designated by the authority and shall have the seal of the
437	authority affixed, imprinted, reproduced, or lithographed
438	thereon, all as may be prescribed in such resolution or
439	resolutions.
440	2.(b)  Such bonds shall be sold at public or private sale
441	at such price or prices as the authority determines to be in its
442	best interest, except that the interest costs to the authority
443	on such bonds may not exceed the maximum lawful interest rate.
444	The authority shall provide a specific finding by resolution as
445	to the reason requiring any negotiated sale must be sold at
446	public sale in the manner provided by the State Bond Act.
447	However, if the authority, by official action at a public
448	meeting, determines that a negotiated sale of the bonds is in
449	the best interest of the authority, the authority may negotiate
450	for sale of the bonds with the underwriter or underwriters
451	designated by the authority and the Division of Bond Finance of
452	the State Board of Administration. Pending the preparation of
453	definitive bonds, interim certificates may be issued to the
454	purchaser or purchasers of such bonds and may contain such terms
455	and conditions as the authority may determine.
456	3.  The authority may issue bonds pursuant to this
457	paragraph to refund any bonds previously issued regardless of
458	whether the bonds being refunded were issued by the authority
459	pursuant to this chapter or on behalf of the authority pursuant
460	to the State Bond Act.
461	(2)  Any such resolution or resolutions authorizing any
462	bonds hereunder may contain provisions, and valid and legally
463	binding covenants of the authority, which shall be part of the
464	contract with the holders of such bonds, as to:
465	(a)  The pledging of all or any part of the revenues,
466	rates, fees, rentals, including the sales surtax adopted
467	pursuant to s. 212.055(1) (including all or any portion of the
468	Duval county gasoline tax funds received by the authority
469	pursuant to the terms of any lease-purchase agreement between
470	the authority and the department, or any part thereof), or other
471	charges or receipts of any nature of the authority, whether or
472	not derived by the authority from the Jacksonville Expressway
473	System or its other transportation facilities;
474	(b)  The completion, improvement, operation, extension,
475	maintenance, repair, lease, or lease-purchase agreement of said
476	system or transportation facilities, and the duties of the
477	authority and others, including the department, with reference
478	thereto;
479	(c)  Limitations on the purposes to which the proceeds of
480	the bonds, then or thereafter to be issued, or of any loan or
481	grant, by the United States or the state may be applied;
482	(d)  The fixing, charging, establishing, and collecting of
483	rates, fees, rentals, or other charges for use of the services
484	and facilities of the Jacksonville Expressway System or any part
485	thereof or its other transportation facilities;
486	(e)  The setting aside of reserves or sinking funds or
487	repair and replacement funds and the regulation and disposition
488	thereof;
489	(f)  Limitations on the issuance of additional bonds;
490	(g)  The terms and provisions of any lease-purchase
491	agreement, deed of trust, or indenture securing the bonds, or
492	under which the same may be issued; and
493	(h)  Any other or additional provisions, covenants, and
494	agreements with the holders of the bonds which the authority may
495	deem desirable and proper.
496	(3)  The authority may employ fiscal agents as provided by
497	this chapter or the State Board of Administration may, upon
498	request by the authority, act as fiscal agent for the authority
499	in the issuance of any bonds that may be issued pursuant to this
500	chapter, and the State Board of Administration may, upon request
501	by the authority, take over the management, control,
502	administration, custody, and payment of any or all debt services
503	or funds or assets now or hereafter available for any bonds
504	issued pursuant to this chapter. The authority may enter into
505	deeds of trust, indentures, or other agreements with a corporate
506	trustee or trustees, which shall act as its fiscal agent for the
507	authority and may be, or with any bank or trust company within
508	or without the state, as security for such bonds, and may, under
509	such agreements, assign and pledge all or any of the revenues,
510	rates, fees, rentals, or other charges or receipts of the
511	authority, including all or any portion of local option taxes or
512	the Duval county gasoline tax funds received by the authority
513	pursuant to the terms of any lease-purchase agreement between
514	the authority and the department, thereunder. Such deed of
515	trust, indenture, or other agreement, may contain such
516	provisions as are is customary in such instruments or, as the
517	authority may authorize, including, but without limitation,
518	provisions as to:
519	(a)  The completion, improvement, operation, extension,
520	maintenance, repair, and lease of, or lease-purchase agreement
521	relating to, all or any part of transportation facilities
522	authorized in this chapter to be constructed, acquired,
523	developed, or operated by the authority the Jacksonville
524	Expressway System, and the duties of the authority and others,
525	including the department, with reference thereto;
526	(b)  The application of funds and the safeguarding of funds
527	on hand or on deposit;
528	(c)  The rights and remedies of the trustee and the holders
529	of the bonds; and
530	(d)  The terms and provisions of the bonds or the
531	resolutions authorizing the issuance of the same.
532	(4)  Any of the bonds issued pursuant to this chapter are,
533	and are hereby declared to be, negotiable instruments, and shall
534	have all the qualities and incidents of negotiable instruments
535	under the law merchant and the negotiable instruments law of the
536	state.
537	(5)  Notwithstanding any of the provisions of this chapter,
538	each project, building, or facility that which has been financed
539	by the issuance of bonds or other evidences of indebtedness
540	under this chapter and any refinancing thereof is hereby
541	approved as provided for in s. 11(f), Art. VII of the State
542	Constitution.
543	(6)  Revenue bonds issued under the provisions of this
544	chapter are not debts of the state or pledges of the faith and
545	credit of the state. Such bonds are payable exclusively from
546	revenues pledged for their payment. Each such bond shall contain
547	a statement on its face that the state is not obligated to pay
548	the same or the interest thereon, except from the revenues
549	pledged for their payment, and that the faith and credit of the
550	state is not pledged to the payment of the principle or interest
551	of such bond. The issuance of revenue bonds under the provisions
552	of this chapter does not directly, indirectly, or contingently
553	obligate the state to levy or to pledge any form of taxation
554	whatsoever or to make any appropriation for their payment.
555	Section 48.  Section 349.06, Florida Statutes, is repealed.
556	Section 49.  Section 349.061, Florida Statutes, is created
557	to read:
558	349.061  Bond financing authority.--Pursuant to s. 11(f),
559	Art. VII of the State Constitution, the Legislature hereby
560	approves for bond financing by the authority any extensions,
561	additions, and improvements to the Jacksonville Expressway
562	System and any other facilities appurtenant, necessary, or
563	incidental to the system or any transportation facilities herein
564	authorized to be constructed, acquired, or operated by the
565	authority. Subject to terms and conditions of applicable revenue
566	bond resolutions and covenants, such costs may be financed in
567	whole or in part by revenue bonds issued pursuant to s.
568	349.05(1)(a) or (b), whether currently issued or issued in the
569	future, or by a combination of such bonds.
570	Section 50.  Subsection (7) of section 349.07, Florida
571	Statutes, is amended to read:
572	349.07  Lease-purchase agreement.--
573	(7)  Regardless of whether the authority enters into a
574	lease-purchase agreement with the department relating to the
575	system or any part thereof, the Said system shall be a part of
576	the State Highway road System and the said department is hereby
577	authorized, upon the request of the authority, to expend out of
578	any funds available for the purpose such moneys, and to use such
579	of its engineering and other forces, as may be necessary and
580	desirable in the judgment of the said department, for the
581	operation of the said authority and for traffic surveys,
582	borings, surveys, preparation of plans and specifications,
583	estimates of cost, and other preliminary engineering and other
584	studies; provided, however, that the aggregate amount of moneys
585	expended for said purposes by said department shall not exceed
586	the sum of $375,000.
587	Section 51.  Section 349.10, Florida Statutes, is amended
588	to read:
589	349.10  Acquisition of lands and property.--
590	(1)  For the purposes of this chapter, law the Jacksonville
591	Transportation Authority may acquire private or public property
592	and property rights, including rights of access, air, view, and
593	light, by gift, devise, purchase, or condemnation by eminent
594	domain proceedings, as the authority may deem necessary,
595	including, but not limited to, any lands reasonably necessary
596	for securing applicable permits, areas necessary for management
597	of access, borrow pits, drainage ditches, water retention areas,
598	rest areas, replacement access for landowners whose access is
599	impaired due to the construction of transportation facilities,
600	and replacement rights-of-way for relocated rail and utility
601	facilities, and areas necessary for existing, proposed, or
602	anticipated transportation facilities or in a transportation
603	corridor designated by the authority. The authority shall also
604	have the power to condemn any material and property necessary
605	for such for any of the purposes of this chapter. The right of
606	eminent domain herein conferred shall be exercised by the
607	authority in the manner provided by law. Notwithstanding that
608	the authority is an agency of the state, the authority shall not
609	exercise it powers of condemnation granted herein in respect of
610	any property or property rights of any county or municipality,
611	including without limitation the City of Jacksonville.
612	(2)  The authority may acquire such rights, title,
613	interest, or easements in such lands as it may deem necessary
614	for any of the purposes of this chapter.
615	(3)  In connection with the acquisition of property or
616	property rights as herein provided, the authority may in its
617	discretion acquire an entire lot, block, or tract of land, if by
618	so doing the interests of the public will be best served, even
619	though said entire lot, block, or tract is not immediately
620	needed for the right-of-way proper.
621	(4)  When the authority acquires property for a
622	transportation facility or in a transportation corridor, it is
623	not subject to any liability imposed by chapter 376 or chapter
624	403 for preexisting soil or groundwater contamination due solely
625	to its ownership. This section does not affect the rights or
626	liabilities of any past or future owners of the acquired
627	property nor does it affect the liability of any governmental
628	entity for the results of its actions that create or exacerbate
629	a pollution source. The authority and the Department of
630	Environmental Protection may enter into interagency agreements
631	for the performance, funding, and reimbursement for the costs of
632	the investigative and remedial acts necessary for property
633	acquired by the authority.
634	Section 52.  Section 349.12, Florida Statutes, is amended
635	to read:
636	349.12  Covenant of the state.--The state does hereby
637	pledge to, and agree agrees, with any person, firm or
638	corporation, or federal or state agency subscribing to, or
639	acquiring the bonds to be issued by the authority for the
640	purposes of this chapter that the state will not limit or alter
641	the rights hereby vested in the authority and the department
642	until all bonds at any time issued, together with the interest
643	thereon, are fully paid and discharged insofar as the same
644	affects the rights of the holders of bonds issued hereunder. The
645	state does further pledge to, and agree, with the United States
646	and any federal agency that, in the event that any federal
647	agency shall construct or contribute any funds for the
648	completion, extension, or improvement of the Jacksonville
649	Expressway System or other transportation facilities of the
650	authority, or any part or portion thereof, the state will not
651	alter or limit the rights and powers of the authority and the
652	department in any manner that which would be inconsistent with
653	the continued maintenance and operation of the Jacksonville
654	Expressway System or other transportation facilities of the
655	authority or the completion, extension, or improvement thereof,
656	or that which would be inconsistent with the due performance of
657	any agreements between the authority and any such federal
658	agency, and the authority and the department shall continue to
659	have and may exercise all powers herein granted, so long as the
660	same shall be necessary or desirable for the carrying out of the
661	purposes of this chapter and the purposes of the United States
662	in the completion, extension, or improvement of the Jacksonville
663	Expressway System or other transportation facilities of the
664	authority, or any part or portion thereof.
665	Section 53.  Section 349.13, Florida Statutes, is amended
666	to read:
667	349.13  Exemption from taxation.--The effectuation of the
668	authorized purposes of the authority created under this chapter
669	is, shall and will be, in all respects for the benefit of the
670	people of the state, for the increase of their commerce and
671	prosperity, and for the improvement of their health and living
672	conditions, and since such authority will be performing
673	essential governmental functions in effectuating such purposes,
674	such authority shall not be required to pay any taxes or
675	assessments of any kind or nature whatsoever upon any property
676	acquired or used by it for such purposes, or upon any rates,
677	fees, rentals, receipts, income, or charges at any time received
678	by it, and the bonds and other obligations issued under this
679	chapter by the authority, their transfer and the income
680	therefrom, (including any profits made on the sale thereof),
681	shall at all times be free from taxation of any kind by the
682	state, or by any political subdivision, or taxing agency or
683	instrumentality thereof. The exemption granted by this section
684	shall not be applicable to any tax imposed by chapter 220 on
685	interest, income, or profits on debt obligations owned by
686	corporations. When property of the authority is leased, it shall
687	be exempt from ad valorem taxes only if the use by the lessee
688	qualifies the property for exemption under s. 196.199.
689	Section 54.  Section 349.15, Florida Statutes, is amended
690	to read:
691	349.15  Remedies; pledges enforceable by bondholders.--Any
692	holder of bonds issued under this chapter, except to the extent
693	such rights may be restricted by the resolution, deed of trust,
694	indenture, or other proceeding relating to the issuance of such
695	bonds, may by civil action, mandamus, or other appropriate
696	action, suit, or proceeding in law or in equity, in any court of
697	competent jurisdiction, protect and enforce any and all rights
698	of such bondholder granted under the proceedings authorizing the
699	issuance of such bonds and enforce any pledge made for payment
700	of the principal and interest on bonds, or any covenant or
701	agreement relative thereto, against the authority or directly
702	against the department, as may be appropriate. It is the express
703	intention of this chapter that any pledge by the department of
704	rates, fees, revenues, Duval county gasoline tax funds, or other
705	funds, as rentals, to the authority or any covenants or
706	agreements relative thereto may be enforceable in any court of
707	competent jurisdiction against the authority or directly against
708	the department by any holder of bonds issued by the authority.
709	Section 55.  Section 349.17, Florida Statutes, is amended
710	to read:
711	349.17  Chapter complete and additional authority.--
712	(1)  The powers conferred by this chapter shall be in
713	addition and supplemental to the existing powers of said board
714	and the Department of Transportation, and this chapter shall not
715	be construed as repealing any of the provisions of any other
716	law, general, special, or local, but to supersede such other
717	laws in the exercise of the powers provided in this chapter, and
718	to provide a complete method for the exercise of the powers
719	granted in this chapter. The refunding of any of the bonds of
720	Florida State Improvement Commission heretofore issued to
721	finance part of the cost of said Jacksonville Expressway System,
722	and the completion, extension, and improvement of said system,
723	and the issuance of bonds hereunder to finance all or part of
724	the cost thereof, may be accomplished upon compliance with the
725	provisions of this chapter without regard to or necessity for
726	compliance with the provisions, limitations, or restrictions
727	contained in any other general, special, or local law,
728	including, without limitation, s. 215.821, and no approval of
729	any bonds issued under this chapter by the qualified electors or
730	qualified electors who are freeholders in the state or in said
731	County of Duval, or in said City of Jacksonville, or in any
732	other political subdivision of the state, shall be required for
733	the issuance of such bonds pursuant to this chapter.
734	(2)  This chapter shall not be deemed to repeal, rescind,
735	or modify any other law or laws relating to said State Board of
736	Administration, said Department of Transportation, or said
737	Florida State Improvement Commission, but shall be deemed to and
738	shall supersede such other law or laws in the exercise of the
739	powers provided in this chapter insofar as such other law or
740	laws are inconsistent with the provisions of this chapter,
741	including, without limitation, s. 215.821.
742	Section 56.  Section 349.21, Florida Statutes, is amended
743	to read:
744	349.21  Powers conferred by s. 212.055(1).--Notwithstanding
745	any other provision of law, any transportation authority created
746	by this chapter shall have all the powers conferred by s.
747	212.055(1). The revenues provided by this section may shall be
748	used or pledged to pay principal and interest on bonds, as set
749	forth in s. 212.055(1) for which tolls have been pledged. The
750	powers provided by this section shall expire when all such bonds
751	in existence on the effective date of this act have been
752	retired. In no event may local transportation surtax monies
753	collected in Duval County be expended on transportation
754	facilities outside the boundaries of such County.
755	Section 57.  Section 349.22, Florida Statutes, is created
756	to read:
757	349.22  Public-private transportation facilities.--
758	(1)  The authority may receive or solicit proposals and
759	enter into agreements with private entities or consortia thereof
760	for the building, operation, ownership, or financing of
761	highways, bridges, multimodal transportation systems, transit-
762	oriented development nodes, transit stations, or related
763	transportation facilities. Before approval, the authority must
764	determine that a proposed project:
765	(a)  Is in the public's best interest.
766	(b)  Would not require state funds to be used unless the
767	project is on or provides increased mobility on the State
768	Highway System.
769	(c)  Would have adequate safeguards to ensure that
770	additional costs or unreasonable service disruptions would not
771	be realized by the traveling public and citizens of the state in
772	the event of default or cancellation of the agreement by the
773	authority.
774	(2)  The authority shall ensure that all reasonable costs
775	to the state related to transportation facilities that are not
776	part of the State Highway System are borne by the private entity
777	which develops or operates the facilities. The authority shall
778	also ensure that all reasonable costs to the state and
779	substantially affected local governments and utilities related
780	to the private transportation facility are borne by the private
781	entity for transportation facilities that are owned by private
782	entities. For projects on the State Highway System or that
783	provide increased mobility on the State Highway System, the
784	department may use state resources to participate in funding and
785	financing the project as provided for under the department's
786	enabling legislation.
787	(3)  The authority may request proposals and receive
788	unsolicited proposals for public-private transportation projects
789	and, upon receipt of any unsolicited proposal or determination
790	to issue a request for proposals, the authority must publish a
791	notice in the Florida Administrative Weekly and a newspaper of
792	general circulation in the county in which the proposed project
793	is located at least once a week for 2 weeks requesting proposals
794	or, if an unsolicited proposal was received, stating that it has
795	received the proposal and will accept, for 60 days after the
796	initial date of publication, other proposals for the same
797	project purpose. A copy of the notice must be mailed to each
798	local government in the affected areas. After the public
799	notification period has expired, the authority shall rank the
800	proposals in order of preference. In ranking the proposals, the
801	authority shall consider professional qualifications, general
802	business terms, innovative engineering or cost-reduction terms,
803	finance plans, and the need for state funds to deliver the
804	proposal. If the authority is not satisfied with the results of
805	the negotiations, it may, at its sole discretion, terminate
806	negotiations with the proposer. If these negotiations are
807	unsuccessful, the authority may go to the second and lower-
808	ranked firms, in order, using the same procedure. If only one
809	proposal is received, the authority may negotiate in good faith
810	and, if it is not satisfied with the results, it may, at its
811	sole discretion, terminate negotiations with the proposer.
812	Notwithstanding this subsection, the authority may, at its
813	discretion, reject all proposals at any point in the process up
814	to completion of a contract with the proposer.
815	(4)  Agreements entered into pursuant to this section may
816	authorize the authority or the private project owner, lessee, or
817	operator to impose, collect, and enforce tolls or fares for the
818	use of the transportation facility. However, the amount and use
819	of toll or fare revenues shall be regulated by the authority to
820	avoid unreasonable costs to users of the facility.
821	(5)  Each public-private transportation facility
822	constructed pursuant to this section shall comply with all
823	requirements of federal, state, and local laws; state, regional,
824	and local comprehensive plans; the authority's rules, policies,
825	procedures, and standards for transportation facilities; and any
826	other conditions that the authority determines to be in the
827	public's best interest.
828	(6)  The authority may exercise any of its powers,
829	including eminent domain, to facilitate the development and
830	construction of transportation projects pursuant to this
831	section. The authority may pay all or part of the cost of
832	operating and maintaining the facility or may provide services
833	to the private entity, for which services it shall receive full
834	or partial reimbursement.
835	(7)  Except as provided in this section, this section is
836	not intended to amend existing law by granting additional powers
837	to or imposing further restrictions on the governmental entities
838	with regard to regulating and entering into cooperative
839	arrangements with the private sector for the planning,
840	construction, and operation of transportation facilities.
841
842	-----------------------------------------------------
843	T I T L E  A M E N D M E N T
844	Remove line 149 and insert:
845	appeal; amending s. 349.02, F.S.; revising definitions; defining
846	the term "transportation facilities"; amending s. 349.03, F.S.;
847	revising a requirement for membership on the governing body of
848	the authority to provide that an appointed member must be a
849	resident and elector of Duval County; amending s. 349.04, F.S.;
850	revising scope of the authority to include certain services
851	throughout Duval County; revising authority, powers, rights, and
852	responsibilities of the authority to provide for planning,
853	coordinating, developing, financing, refinancing, constructing,
854	owning, leasing, purchasing, operating, maintaining, relocating,
855	equipping, repairing, and managing described transportation
856	projects intended to address needs or concerns in the
857	Jacksonville, Duval County, metropolitan area; revising bonding
858	provisions; providing for the authority to fix, alter, charge,
859	establish, and collect rates, fees, rentals, and other charges
860	for any transportation facilities of the authority; revising
861	eminent domain provisions to include specified procedural
862	powers; authorizing use of local option taxes or county gasoline
863	tax funds to secure the payment of bonds; authorizing the
864	authority to establish and fund reserve accounts, adopt an
865	annual budget, use purchasing schedules and master purchasing
866	contracts, retain legal counsel and other consultants, construct
867	and own and maintain transportation facilities outside the
868	jurisdictional boundaries of Duval County, form public benefit
869	corporations, require bid bonds and protest bonds, prequalify
870	bidders or proposers, suspend or debar consultants and
871	contractors, and create and operate an employees' benefit fund;
872	providing for the authority to expand its service area and enter
873	into a partnership with a contiguous county; providing that the
874	powers and obligations of the authority shall not be subject to
875	supervision, approval, or consent of any municipality or county
876	except as agreed upon in an interlocal agreement; providing for
877	certain contractual limitations and recovery of liquidated
878	damages; providing for relocation of utility facilities
879	interfering with transportation projects; authorizing the
880	authority to enter lands, waters, and premises of another in the
881	performance of its duties; amending s. 349.041, F.S.; revising
882	provisions for funds appropriated by the City of Jacksonville to
883	the authority; repealing s. 349.042, F.S., relating to the
884	Jacksonville area planning board review of construction and
885	operation of the expressway and transit functions of the
886	authority; creating s. 349.043, F.S.; requiring a public hearing
887	prior to designation or relocation of transportation facilities
888	or substantive changes thereto; providing procedures; requiring
889	compliance with federal requirements related to new or altered
890	transportation facilities or services; amending s. 349.05, F.S.;
891	authorizing bonds to be issued on behalf of the authority;
892	revising provisions for issuance and sale of bonds; authorizing
893	certain refunding bonds; revising provisions for resolutions
894	authorizing bonds; revising provisions for fiscal agents;
895	providing that bonds are not obligations of the state; repealing
896	s. 349.06, F.S., relating to remedies of the bondholders;
897	creating s. 349.061, F.S.; providing approval for bond financing
898	by the authority; amending s. 349.07, F.S.; revising provisions
899	authorizing the Department of Transportation to expend certain
900	funds and use its resources for certain items related to the
901	Jacksonville Expressway System; amending s. 349.10, F.S.;
902	revising provisions for the authority to acquire lands and
903	rights therein; limiting liability of the authority with respect
904	to certain contamination of lands acquired; authorizing the
905	authority and the Department of Environmental Protection to
906	enter into agreements for the performance and funding of
907	investigative and remedial acts; amending s. 349.12, F.S.;
908	revising covenant of the state related to bonds of the
909	authority; amending s. 349.13, F.S.; specifying conditions under
910	which property leased by the authority is exempt from ad valorem
911	taxes; amending s. 349.15, F.S.; revising provisions for
912	enforcement of rights by bondholders; amending s. 349.17, F.S.;
913	revising provisions for application of and exemption from other
914	laws relating to issuance of bonds; amending s. 349.21, F.S.;
915	revising provisions for use of charter county transit system
916	surtax funds to secure payment of bonds of the authority;
917	creating s. 349.22, F.S.; providing conditions for the authority
918	to receive or solicit proposals and enter into agreements with
919	private entities for the building, operation, ownership, or
920	financing of highways, bridges, multimodal transportation
921	systems, transit-oriented development nodes, transit stations,
922	or related transportation facilities; requiring certain costs to
923	be paid by the private entity; authorizing the department to use
924	state funds for projects on or that increase mobility on the
925	State Highway System; requiring notice of proposals and
926	providing procedures; providing for agreements to authorize the
927	imposition of tolls; requiring public-private transportation
928	facilities to comply with laws, comprehensive plans, and the
929	authority's rules, policies, procedures, standards, and
930	conditions; authorizing the authority to exercise its powers to
931	facilitate public-private projects; providing for application;
932	amending s. 501.976, F.S.; conforming a cross-

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