Amendment
Bill No. CS/HB 311
Amendment No. 272877
CHAMBER ACTION
Senate House
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1Representative A. Gibson offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 489-876 and insert:
5     349.041  Provision of funds and services by city to
6authority; employment of legal counsel.--
7     (1)  The authority shall prepare and submit annually its
8requests for such funds as it may require from the city for the
9ensuing year to the council of the city on or before June 1,
10setting forth its estimated gross revenues and estimated
11requirements for operations, maintenance expenses, and debt
12service. A copy of such requests shall be furnished to the
13Department of Transportation. The council and the mayor of the
14City of Jacksonville may appropriate such funds as they deem
15appropriate for the use of the authority and records related
16thereto may be audited by the Council Auditor of the City of
17Jacksonville at anytime.
18     (2)  Except as the council may provide, and except as
19otherwise required by any trust indenture outstanding on
20September 1, 1971, the authority may use shall utilize, on a
21cost-accounted basis, the central services of the city, and
22shall pay therefor. The authority may, however, employ legal
23counsel it deems necessary, upon resolution of the authority.
24     Section 5.  Section 349.042, Florida Statutes, is repealed.
25     Section 6.  Section 349.043, Florida Statutes, is created
26to read:
27     349.043  Public hearings for transportation
28facilities.--Transportation facilities may not be designated or
29relocated by the authority, nor may substantive changes be made
30thereto, until after a public hearing is conducted by the
31authority. Any interested party shall have the opportunity to be
32heard either in person or by counsel and to introduce testimony
33in such person's behalf at the hearing. Reasonable notice of
34each such public hearing shall be published in a newspaper of
35general circulation in each county directly affected by the
36proposed transportation facility not less than 14 days prior to
37the hearing. In addition, the authority shall comply with all
38applicable federal requirements related to new or altered
39transportation facilities or services.
40     Section 7.  Section 349.05, Florida Statutes, is amended to
41read:
42     349.05  Bonds of the authority; bonds not debt or pledges
43of credit of state.--
44     (1)(a)  Bonds may be issued on behalf of the authority
45pursuant to the State Bond Act or, alternatively, the authority
46may issue bonds pursuant to paragraph (b).
47     (b)1.  The bonds of the authority issued pursuant to the
48provisions of this chapter, whether an original issuance or on
49refunding, shall be authorized by resolution of the members
50thereof and may be issued in one or more series, may be either
51term or serial bonds, and shall bear such date or dates, be
52payable on demand or mature at such time or times, not exceeding
5340 years from their respective dates, bear interest, fixed or
54variable, at such rate or rates, not exceeding the maximum
55lawful interest rate payable semiannually, be in such
56denominations, be in such form, either coupon or fully
57registered, carry such registration, exchangeability, and
58interchangeability privileges, be payable in such medium of
59payment and at such place or places, be subject to such terms of
60redemption, with or without premium, and other terms, have such
61rank, and be entitled to such remedies and priorities on the
62revenues, rates, fees, rentals, or other charges or receipts of
63the authority including all or any portion of local option sales
64tax or the Duval county gasoline tax funds received by the
65authority pursuant to the terms of any lease-purchase agreement
66between the authority and the department, as the authority may
67determine such resolution or any resolution subsequent thereto
68may provide. The bonds shall be executed either by manual or
69facsimile signature by such officers as the authority shall
70determine, provided that such bonds shall bear at least one
71signature that which is manually executed thereon, and the
72coupons attached to such bonds shall bear the facsimile
73signature or signatures of such officer or officers as shall be
74designated by the authority and shall have the seal of the
75authority affixed, imprinted, reproduced, or lithographed
76thereon, all as may be prescribed in such resolution or
77resolutions.
78     2.(b)  Such bonds shall be sold at public or private sale
79at such price or prices as the authority determines to be in its
80best interest, except that the interest costs to the authority
81on such bonds may not exceed the maximum lawful interest rate.
82The authority shall provide a specific finding by resolution as
83to the reason requiring any negotiated sale must be sold at
84public sale in the manner provided by the State Bond Act.
85However, if the authority, by official action at a public
86meeting, determines that a negotiated sale of the bonds is in
87the best interest of the authority, the authority may negotiate
88for sale of the bonds with the underwriter or underwriters
89designated by the authority and the Division of Bond Finance of
90the State Board of Administration. Pending the preparation of
91definitive bonds, interim certificates may be issued to the
92purchaser or purchasers of such bonds and may contain such terms
93and conditions as the authority may determine.
94     3.  The authority may issue bonds pursuant to this
95paragraph to refund any bonds previously issued regardless of
96whether the bonds being refunded were issued by the authority
97pursuant to this chapter or on behalf of the authority pursuant
98to the State Bond Act.
99     (2)  Any such resolution or resolutions authorizing any
100bonds hereunder may contain provisions, and valid and legally
101binding covenants of the authority, which shall be part of the
102contract with the holders of such bonds, as to:
103     (a)  The pledging of all or any part of the revenues,
104rates, fees, rentals, including the sales surtax adopted
105pursuant to s. 212.055(1) (including all or any portion of the
106Duval county gasoline tax funds received by the authority
107pursuant to the terms of any lease-purchase agreement between
108the authority and the department, or any part thereof), or other
109charges or receipts of any nature of the authority, whether or
110not derived by the authority from the Jacksonville Expressway
111System or its other transportation facilities;
112     (b)  The completion, improvement, operation, extension,
113maintenance, repair, lease, or lease-purchase agreement of said
114system or transportation facilities, and the duties of the
115authority and others, including the department, with reference
116thereto;
117     (c)  Limitations on the purposes to which the proceeds of
118the bonds, then or thereafter to be issued, or of any loan or
119grant, by the United States or the state may be applied;
120     (d)  The fixing, charging, establishing, and collecting of
121rates, fees, rentals, or other charges for use of the services
122and facilities of the Jacksonville Expressway System or any part
123thereof or its other transportation facilities;
124     (e)  The setting aside of reserves or sinking funds or
125repair and replacement funds and the regulation and disposition
126thereof;
127     (f)  Limitations on the issuance of additional bonds;
128     (g)  The terms and provisions of any lease-purchase
129agreement, deed of trust, or indenture securing the bonds, or
130under which the same may be issued; and
131     (h)  Any other or additional provisions, covenants, and
132agreements with the holders of the bonds which the authority may
133deem desirable and proper.
134     (3)  The authority may employ fiscal agents as provided by
135this chapter or the State Board of Administration may, upon
136request by the authority, act as fiscal agent for the authority
137in the issuance of any bonds that may be issued pursuant to this
138chapter, and the State Board of Administration may, upon request
139by the authority, take over the management, control,
140administration, custody, and payment of any or all debt services
141or funds or assets now or hereafter available for any bonds
142issued pursuant to this chapter. The authority may enter into
143deeds of trust, indentures, or other agreements with a corporate
144trustee or trustees, which shall act as its fiscal agent for the
145authority and may be, or with any bank or trust company within
146or without the state, as security for such bonds, and may, under
147such agreements, assign and pledge all or any of the revenues,
148rates, fees, rentals, or other charges or receipts of the
149authority, including all or any portion of local option taxes or
150the Duval county gasoline tax funds received by the authority
151pursuant to the terms of any lease-purchase agreement between
152the authority and the department, thereunder. Such deed of
153trust, indenture, or other agreement, may contain such
154provisions as are is customary in such instruments or, as the
155authority may authorize, including, but without limitation,
156provisions as to:
157     (a)  The completion, improvement, operation, extension,
158maintenance, repair, and lease of, or lease-purchase agreement
159relating to, all or any part of transportation facilities
160authorized in this chapter to be constructed, acquired,
161developed, or operated by the authority the Jacksonville
162Expressway System, and the duties of the authority and others,
163including the department, with reference thereto;
164     (b)  The application of funds and the safeguarding of funds
165on hand or on deposit;
166     (c)  The rights and remedies of the trustee and the holders
167of the bonds; and
168     (d)  The terms and provisions of the bonds or the
169resolutions authorizing the issuance of the same.
170     (4)  Any of the bonds issued pursuant to this chapter are,
171and are hereby declared to be, negotiable instruments, and shall
172have all the qualities and incidents of negotiable instruments
173under the law merchant and the negotiable instruments law of the
174state.
175     (5)  Notwithstanding any of the provisions of this chapter,
176each project, building, or facility that which has been financed
177by the issuance of bonds or other evidences of indebtedness
178under this chapter and any refinancing thereof is hereby
179approved as provided for in s. 11(f), Art. VII of the State
180Constitution.
181     (6)  Revenue bonds issued under the provisions of this
182chapter are not debts of the state or pledges of the faith and
183credit of the state. Such bonds are payable exclusively from
184revenues pledged for their payment. Each such bond shall contain
185a statement on its face that the state is not obligated to pay
186the same or the interest thereon, except from the revenues
187pledged for their payment, and that the faith and credit of the
188state is not pledged to the payment of the principle or interest
189of such bond. The issuance of revenue bonds under the provisions
190of this chapter does not directly, indirectly, or contingently
191obligate the state to levy or to pledge any form of taxation
192whatsoever or to make any appropriation for their payment.
193     Section 8.  Section 349.06, Florida Statutes, is repealed.
194     Section 9.  Section 349.061, Florida Statutes, is created
195to read:
196     349.061  Bond financing authority.--Pursuant to s. 11(f),
197Art. VII of the State Constitution, the Legislature hereby
198approves for bond financing by the authority any extensions,
199additions, and improvements to the Jacksonville Expressway
200System and any other facilities appurtenant, necessary, or
201incidental to the system or any transportation facilities herein
202authorized to be constructed, acquired, or operated by the
203authority. Subject to terms and conditions of applicable revenue
204bond resolutions and covenants, such costs may be financed in
205whole or in part by revenue bonds issued pursuant to s.
206349.05(1)(a) or (b), whether currently issued or issued in the
207future, or by a combination of such bonds.
208     Section 10.  Subsection (7) of section 349.07, Florida
209Statutes, is amended to read:
210     349.07  Lease-purchase agreement.--
211     (7)  Regardless of whether the authority enters into a
212lease-purchase agreement with the department relating to the
213system or any part thereof, the Said system shall be a part of
214the State Highway road System and the said department is hereby
215authorized, upon the request of the authority, to expend out of
216any funds available for the purpose such moneys, and to use such
217of its engineering and other forces, as may be necessary and
218desirable in the judgment of the said department, for the
219operation of the said authority and for traffic surveys,
220borings, surveys, preparation of plans and specifications,
221estimates of cost, and other preliminary engineering and other
222studies; provided, however, that the aggregate amount of moneys
223expended for said purposes by said department shall not exceed
224the sum of $375,000.
225     Section 11.  Section 349.10, Florida Statutes, is amended
226to read:
227     349.10  Acquisition of lands and property.--
228     (1)  For the purposes of this chapter, law the Jacksonville
229Transportation Authority may acquire private or public property
230and property rights, including rights of access, air, view, and
231light, by gift, devise, purchase, or condemnation by eminent
232domain proceedings, as the authority may deem necessary,
233including, but not limited to, any lands reasonably necessary
234for securing applicable permits, areas necessary for management
235of access, borrow pits, drainage ditches, water retention areas,
236rest areas, replacement access for landowners whose access is
237impaired due to the construction of transportation facilities,
238and replacement rights-of-way for relocated rail and utility
239facilities, and areas necessary for existing, proposed, or
240anticipated transportation facilities or in a transportation
241corridor designated by the authority. The authority shall also
242have the power to condemn any material and property necessary
243for such for any of the purposes of this chapter. Property
244already devoted to a public use may be acquired in like manner,
245provided that no real property belonging to the city, the
246county, the state, or any political subdivision thereof may be
247acquired without its consent. The right of eminent domain herein
248conferred shall be exercised by the authority in the manner
249provided by law.
250     (2)  The authority may acquire such rights, title,
251interest, or easements in such lands as it may deem necessary
252for any of the purposes of this chapter.
253     (3)  In connection with the acquisition of property or
254property rights as herein provided, the authority may in its
255discretion acquire an entire lot, block, or tract of land, if by
256so doing the interests of the public will be best served, even
257though said entire lot, block, or tract is not immediately
258needed for the right-of-way proper.
259     (4)  When the authority acquires property for a
260transportation facility or in a transportation corridor, it is
261not subject to any liability imposed by chapter 376 or chapter
262403 for preexisting soil or groundwater contamination due solely
263to its ownership. This section does not affect the rights or
264liabilities of any past or future owners of the acquired
265property nor does it affect the liability of any governmental
266entity for the results of its actions that create or exacerbate
267a pollution source. The authority and the Department of
268Environmental Protection may enter into interagency agreements
269for the performance, funding, and reimbursement for the costs of
270the investigative and remedial acts necessary for property
271acquired by the authority.
272     Section 12.  Section 349.12, Florida Statutes, is amended
273to read:
274     349.12  Covenant of the state.--The state does hereby
275pledge to, and agree agrees, with any person, firm or
276corporation, or federal or state agency subscribing to, or
277acquiring the bonds to be issued by the authority for the
278purposes of this chapter that the state will not limit or alter
279the rights hereby vested in the authority and the department
280until all bonds at any time issued, together with the interest
281thereon, are fully paid and discharged insofar as the same
282affects the rights of the holders of bonds issued hereunder. The
283state does further pledge to, and agree, with the United States
284and any federal agency that, in the event that any federal
285agency shall construct or contribute any funds for the
286completion, extension, or improvement of the Jacksonville
287Expressway System or other transportation facilities of the
288authority, or any part or portion thereof, the state will not
289alter or limit the rights and powers of the authority and the
290department in any manner that which would be inconsistent with
291the continued maintenance and operation of the Jacksonville
292Expressway System or other transportation facilities of the
293authority or the completion, extension, or improvement thereof,
294or that which would be inconsistent with the due performance of
295any agreements between the authority and any such federal
296agency, and the authority and the department shall continue to
297have and may exercise all powers herein granted, so long as the
298same shall be necessary or desirable for the carrying out of the
299purposes of this chapter and the purposes of the United States
300in the completion, extension, or improvement of the Jacksonville
301Expressway System or other transportation facilities of the
302authority, or any part or portion thereof.
303     Section 13.  Section 349.13, Florida Statutes, is amended
304to read:
305     349.13  Exemption from taxation.--The effectuation of the
306authorized purposes of the authority created under this chapter
307is, shall and will be, in all respects for the benefit of the
308people of the state, for the increase of their commerce and
309prosperity, and for the improvement of their health and living
310conditions, and since such authority will be performing
311essential governmental functions in effectuating such purposes,
312such authority shall not be required to pay any taxes or
313assessments of any kind or nature whatsoever upon any property
314acquired or used by it for such purposes, or upon any rates,
315fees, rentals, receipts, income, or charges at any time received
316by it, and the bonds and other obligations issued under this
317chapter by the authority, their transfer and the income
318therefrom, (including any profits made on the sale thereof),
319shall at all times be free from taxation of any kind by the
320state, or by any political subdivision, or taxing agency or
321instrumentality thereof. The exemption granted by this section
322shall not be applicable to any tax imposed by chapter 220 on
323interest, income, or profits on debt obligations owned by
324corporations. When property of the authority is leased, it shall
325be exempt from ad valorem taxes only if the use by the lessee
326qualifies the property for exemption under s. 196.199.
327     Section 14.  Section 349.15, Florida Statutes, is amended
328to read:
329     349.15  Remedies; pledges enforceable by bondholders.--Any
330holder of bonds issued under this chapter, except to the extent
331such rights may be restricted by the resolution, deed of trust,
332indenture, or other proceeding relating to the issuance of such
333bonds, may by civil action, mandamus, or other appropriate
334action, suit, or proceeding in law or in equity, in any court of
335competent jurisdiction, protect and enforce any and all rights
336of such bondholder granted under the proceedings authorizing the
337issuance of such bonds and enforce any pledge made for payment
338of the principal and interest on bonds, or any covenant or
339agreement relative thereto, against the authority or directly
340against the department, as may be appropriate. It is the express
341intention of this chapter that any pledge by the department of
342rates, fees, revenues, Duval county gasoline tax funds, or other
343funds, as rentals, to the authority or any covenants or
344agreements relative thereto may be enforceable in any court of
345competent jurisdiction against the authority or directly against
346the department by any holder of bonds issued by the authority.
347     Section 15.  Section 349.17, Florida Statutes, is amended
348to read:
349     349.17  Chapter complete and additional authority.--
350     (1)  The powers conferred by this chapter shall be in
351addition and supplemental to the existing powers of said board
352and the Department of Transportation, and this chapter shall not
353be construed as repealing any of the provisions of any other
354law, general, special, or local, but to supersede such other
355laws in the exercise of the powers provided in this chapter, and
356to provide a complete method for the exercise of the powers
357granted in this chapter. The refunding of any of the bonds of
358Florida State Improvement Commission heretofore issued to
359finance part of the cost of said Jacksonville Expressway System,
360and the completion, extension, and improvement of said system,
361and the issuance of bonds hereunder to finance all or part of
362the cost thereof, may be accomplished upon compliance with the
363provisions of this chapter without regard to or necessity for
364compliance with the provisions, limitations, or restrictions
365contained in any other general, special, or local law,
366including, without limitation, s. 215.821, and no approval of
367any bonds issued under this chapter by the qualified electors or
368qualified electors who are freeholders in the state or in said
369County of Duval, or in said City of Jacksonville, or in any
370other political subdivision of the state, shall be required for
371the issuance of such bonds pursuant to this chapter.
372     (2)  This chapter shall not be deemed to repeal, rescind,
373or modify any other law or laws relating to said State Board of
374Administration, said Department of Transportation, or said
375Florida State Improvement Commission, but shall be deemed to and
376shall supersede such other law or laws in the exercise of the
377powers provided in this chapter insofar as such other law or
378laws are inconsistent with the provisions of this chapter,
379including, without limitation, s. 215.821.
380     Section 16.  Section 349.21, Florida Statutes, is amended
381to read:
382     349.21  Powers conferred by s. 212.055(1).--Notwithstanding
383any other provision of law, any transportation authority created
384by this chapter shall have all the powers conferred by s.
385212.055(1). The revenues provided by this section may shall be
386used or pledged as set forth in s. 212.055(1), including to pay
387principal and interest on bonds issued to refinance existing
388bonds or new bonds issued for the construction of rapid transit
389systems, bus systems, roads, or bridges, as provided in s.
390212.055(1). In no event may local transportation surtax moneys
391collected in Duval County be expended on transportation
392facilities outside the boundaries of such county for which tolls
393have been pledged. The powers provided by this section shall
394expire when all such bonds in existence on the effective date of
395this act have been retired.
396
397
398
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399
T I T L E  A M E N D M E N T
400     Remove line 51 and insert:
401Jacksonville to the authority; authorizing audits of related
402records; removing a requirement that the authority utilize
403certain city services; removing a provision authorizing the
404authority to employ legal counsel; repealing s. 349.042, F.S.,


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