CS/HB 311

1	A bill to be entitled
2	An act relating to the Jacksonville Transportation
3	Authority; amending s. 349.02, F.S.; revising definitions;
4	defining the term "transportation facilities"; amending s.
5	349.03, F.S.; specifying that the authority is an agency
6	of the state and not a unit of any other political
7	subdivision; revising a requirement for membership on the
8	governing body of the authority to provide that an
9	appointed member must be a resident and elector of Duval
10	County; amending s. 349.04, F.S.; revising scope of the
11	authority to include certain services throughout Duval
12	County; revising authority, powers, rights, and
13	responsibilities of the authority to provide for planning,
14	coordinating, developing, financing, refinancing,
15	constructing, owning, leasing, purchasing, operating,
16	maintaining, relocating, equipping, repairing, and
17	managing described transportation projects intended to
18	address needs or concerns in the Jacksonville, Duval
19	County, metropolitan area; requiring the Florida
20	Transportation Commission to monitor and conduct periodic
21	reviews of the authority; providing for financial
22	disclosure; revising bonding provisions; providing for the
23	authority to fix, alter, charge, establish, and collect
24	rates, fees, rentals, and other charges for any
25	transportation facilities of the authority; authorizing
26	purchases under government contract; revising eminent
27	domain provisions to include specified procedural powers;
28	authorizing use of local option taxes or county gasoline
29	tax funds to secure the payment of bonds; authorizing the
30	authority to establish and fund reserve accounts, adopt an
31	annual budget, use purchasing schedules and master
32	purchasing contracts, retain legal counsel and other
33	consultants, construct and own and maintain transportation
34	facilities outside the jurisdictional boundaries of Duval
35	County, form public benefit corporations, require bid
36	bonds and protest bonds, prequalify bidders or proposers,
37	suspend or debar consultants and contractors, and create
38	and operate an employees' benefit fund; providing for the
39	authority to expand its service area and enter into a
40	partnership with a contiguous county; providing that the
41	powers and obligations of the authority shall not be
42	subject to supervision, approval, or consent of any
43	municipality or county except as agreed upon in an
44	interlocal agreement; providing for certain contractual
45	obligations and recovery of damages; providing for
46	relocation of utility facilities interfering with
47	transportation projects; authorizing the authority to
48	enter lands, waters, and premises of another in the
49	performance of its duties; amending s. 349.041, F.S.;
50	revising provisions for funds appropriated by the City of
51	Jacksonville to the authority; repealing s. 349.042, F.S.,
52	relating to the Jacksonville area planning board review of
53	construction and operation of the expressway and transit
54	functions of the authority; creating s. 349.043, F.S.;
55	requiring a public hearing prior to designation or
56	relocation of transportation facilities or substantive
57	changes thereto; providing procedures; requiring
58	compliance with federal requirements related to new or
59	altered transportation facilities or services; amending s.
60	349.05, F.S.; authorizing bonds to be issued on behalf of
61	the authority; revising provisions for issuance and sale
62	of bonds; authorizing certain refunding bonds; revising
63	provisions for resolutions authorizing bonds; revising
64	provisions for fiscal agents; providing that bonds are not
65	obligations of the state; repealing s. 349.06, F.S.,
66	relating to remedies of the bondholders; creating s.
67	349.061, F.S.; providing approval for bond financing by
68	the authority; amending s. 349.07, F.S.; revising
69	provisions authorizing the Department of Transportation to
70	expend certain funds and use its resources for certain
71	items related to the Jacksonville Expressway System;
72	amending s. 349.10, F.S.; revising provisions for the
73	authority to acquire lands and rights therein; limiting
74	liability of the authority with respect to certain
75	contamination of lands acquired; authorizing the authority
76	and the Department of Environmental Protection to enter
77	into agreements for the performance and funding of
78	investigative and remedial acts; amending s. 349.12, F.S.;
79	revising covenant of the state related to bonds of the
80	authority; amending s. 349.13, F.S.; specifying conditions
81	under which property leased by the authority is exempt
82	from ad valorem taxes; amending s. 349.15, F.S.; revising
83	provisions for enforcement of rights by bondholders;
84	amending s. 349.17, F.S.; revising provisions for
85	application of and exemption from other laws relating to
86	issuance of bonds; amending s. 349.21, F.S.; revising
87	provisions for use of charter county transit system surtax
88	funds; creating s. 349.22, F.S.; providing conditions for
89	the authority to receive or solicit proposals and enter
90	into agreements with private entities for the building,
91	operation, ownership, or financing of highways, bridges,
92	multimodal transportation systems, transit-oriented
93	development nodes, transit stations, or related
94	transportation facilities; requiring certain costs to be
95	paid by the private entity; authorizing the department to
96	use state funds for projects on or that increase mobility
97	on the State Highway System; requiring notice of proposals
98	and providing procedures; providing for agreements to
99	authorize the public-private entity to impose tolls;
100	requiring public-private transportation facilities to
101	comply with laws, comprehensive plans, and the authority's
102	rules, policies, procedures, standards, and conditions;
103	authorizing the authority to exercise its powers to
104	facilitate public-private projects; providing for
105	application; providing an effective date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Section 349.02, Florida Statutes, is amended to
110	read:
111	349.02  Definitions.--
112	(1)  Except in those instances where the context clearly
113	indicates otherwise, whenever used or referred to in this
114	chapter, the following terms whenever used or referred to in
115	this law shall have the following meanings, except in those
116	instances where the context clearly indicates otherwise:
117	(a)(1)  The term "Authority" means shall mean the body
118	politic and corporate, an agency of the state created by this
119	chapter.
120	(b)(2)  The term "Members" means shall mean the governing
121	body of the authority, and the term "member" means shall mean
122	one of the individuals constituting such governing body.
123	(c)(3)  The term "Bonds" means and includes shall mean and
124	include the notes, bonds, refunding bonds, or other evidences of
125	indebtedness or obligations, in either temporary or definitive
126	form, that which the authority is authorized to issue pursuant
127	to this chapter.
128	(d)(4)  The term "Lease-purchase agreement" means shall
129	mean the lease-purchase agreements that which the authority is
130	authorized pursuant to this chapter to enter into with the
131	department of Transportation.
132	(e)(5)  The term "Department" means shall mean the
133	Department of Transportation existing under chapters 334-339.
134	(f)(6)  The terms "Florida State Improvement Commission" or
135	"commission" means shall mean the state agency created,
136	organized, and existing under and by virtue of the provisions of
137	former chapter 420, or the successor thereto, chapter 29788,
138	Acts of 1955, now chapter 288.
139	(g)(7)  The term "County" means shall mean the County of
140	Duval.
141	(h)(8)  The term "City" means shall mean the City of
142	Jacksonville.
143	(i)(9)  The term "State Board of Administration" means
144	shall mean the body corporate existing under the provisions of
145	s. 9, Art. XII of the State Constitution, or any successor
146	thereto.
147	(j)(10)  The term "Agency of the state" means and includes
148	shall mean and include the state and any department of the
149	state, or any corporation, agency, or instrumentality heretofore
150	or hereafter created, designated, or established by, the state.
151	(k)(11)  The term "Federal agency" means and includes shall
152	mean and include the United States, the President of the United
153	States, and any department of the United States, or any
154	corporation, agency, or instrumentality heretofore or hereafter
155	created, designated, or established by, the United States.
156	(l)(12)  The term "Duval County gasoline tax funds" means
157	shall mean all the 80-percent surplus gasoline tax funds
158	accruing in each year to the Department of Transportation for
159	use in Duval County under the provisions of s. 9, Art. XII of
160	the State Constitution, after deduction only of any amounts of
161	said gasoline tax funds heretofore pledged by the department or
162	the county for outstanding obligations.
163	(m)  "Transportation facilities" means and includes all
164	mobile and fixed assets (real or personal property or rights
165	therein) used in the transportation of persons or property by
166	any means of conveyance whatsoever, and all appurtenances
167	thereto, such as, but not limited to, highways; limited or
168	controlled access lanes and facilities; docks, vessels,
169	vehicles, fixed guideway facilities, and any means of conveyance
170	of persons or property of all types; park-and-ride facilities;
171	transit-related improvements adjacent to transit facilities or
172	stations; bus, train, vessel, or other vehicle storage,
173	cleaning, fueling, control, and maintenance facilities; and
174	administrative and other office space for the exercise by the
175	authority of the powers and obligations herein granted.
176	(2)(13)  Words importing singular number shall include the
177	plural number in each case and vice versa, and words importing
178	persons shall include firms and corporations.
179	Section 2.  Subsections (1) and (2) of section 349.03,
180	Florida Statutes, are amended to read:
181	349.03  Jacksonville Transportation Authority.--
182	(1)  There is hereby created and established a body politic
183	and corporate and an agency of the state to be known as the
184	Jacksonville Expressway Authority, redesignated as the
185	Jacksonville Transportation Authority, and hereinafter referred
186	to as the "authority." Notwithstanding any other general or
187	special law, the authority created under this section is an
188	agency of the state and not a component unit of any other
189	political subdivision.
190	(2)  The governing body of the authority shall consist of
191	seven members. Three members shall be appointed by the Governor
192	and confirmed by the Senate. Three members shall be appointed by
193	the mayor of the City of Jacksonville subject to confirmation by
194	the council of the City of Jacksonville. The seventh member
195	shall be the district secretary of the Department of
196	Transportation serving in the district that contains the City of
197	Jacksonville. Except for the seventh member, members shall be
198	residents and qualified electors of Duval County the City of
199	Jacksonville.
200	Section 3.  Section 349.04, Florida Statutes, is amended to
201	read:
202	349.04  Purposes and powers.--
203	(1)(a)  The authority created and established by the
204	provisions of this chapter is hereby granted and shall have the
205	right to acquire, hold, construct, improve, maintain, operate,
206	own, and lease in the capacity of lessor the Jacksonville
207	Expressway System (hereinafter referred to as "system"),
208	heretofore partially constructed or acquired by the Florida
209	State Improvement Commission in the Jacksonville, Duval County,
210	metropolitan area, as more specifically described in the
211	proceedings of the commission which authorized the issuance of
212	$28 million in bonds of the commission for such purpose, and as
213	hereafter completed or improved or extended as authorized by
214	this chapter, and all appurtenant facilities, including all
215	approaches, streets, roads, bicycle paths, bridges, and avenues
216	of access for the Jacksonville Expressway System, and to
217	construct or acquire extensions, additions, and improvements to
218	the system and to complete the construction and acquisition of
219	the system.
220	(b)  The authority may, in addition, acquire, hold,
221	construct, improve, operate, maintain, and lease in the capacity
222	of lessor a mass transit system employing motor cars or buses;
223	street railway systems beneath the surface, on the surface, or
224	above the surface; or any other means determined useful to the
225	rapid transfer of large numbers of people among the locations of
226	residence, commerce, industry, and education in Duval County the
227	City of Jacksonville.
228	(c)  The authority may further plan, coordinate, and
229	recommend to appropriate officers and agencies of federal,
230	state, and local governments methods and facilities for the
231	parking of vehicles, the movement of pedestrians, and vehicular
232	traffic (including bicycles), public and private, in Duval
233	County the City of Jacksonville, to accomplish a coordinated
234	transportation system for the greater Jacksonville area. The
235	authority may construct and operate passenger terminals for the
236	parking of automobiles and movement by public conveyance of
237	persons and construct and operate all other facilities necessary
238	to a complete and coordinated transportation system in the
239	Jacksonville area.
240	(d)  It is the express intention of this chapter that the
241	authority, in completing the construction of the Jacksonville
242	Expressway System, is not limited to the description thereof
243	contained in the proceedings of the commission which authorized
244	the issuance of $28 million in bonds to finance part of the cost
245	thereof, but it is authorized to finance and construct any
246	additional extensions, additions, or improvements to the system,
247	or appurtenant facilities, including all necessary approaches,
248	roads, bicycle ways, bridges, and avenues of access, with such
249	changes, modifications, or revisions of the project as are
250	deemed desirable and proper. It is the intent of this chapter,
251	and to effect its purposes the Legislature determines, that
252	bonds issued under this chapter be deemed to be state capital
253	improvement bonds to finance or refinance the cost of state
254	capital projects pursuant to s. 11(d), Art. VII of the State
255	Constitution. However, the provisions of s. 316.091(2), relating
256	to bicycles, do not apply to this system.
257	(e)  In addition to the other powers set forth in this
258	chapter, the authority has the right to plan, develop, finance,
259	construct, own, lease, purchase, operate, maintain, relocate,
260	equip, repair, and manage those public transportation projects,
261	such as express bus services; bus rapid transit services; light
262	rail, commuter rail, heavy rail, or other transit services;
263	ferry services; transit stations; park-and-ride lots; transit-
264	oriented development nodes; or feeder roads, reliever roads,
265	connector roads, bypasses, or appurtenant facilities, that are
266	intended to address critical transportation needs or concerns in
267	the Jacksonville, Duval County, metropolitan area. These
268	projects may also include all necessary approaches, roads,
269	bridges, and avenues of access that are desirable and proper
270	with the concurrence of the department, as applicable, if the
271	project is to be part of the State Highway System.
272	(f)(e)  The authority, in addition to the other powers and
273	duties provided, shall have the power and responsibility to
274	formulate and implement a plan for a mass transit system which
275	will serve Duval County and the consolidated City of
276	Jacksonville.
277	(2)  The authority is hereby granted, and shall have and
278	may exercise all powers necessary, appurtenant, convenient, or
279	incidental to the carrying out of the aforesaid purposes,
280	including, but without being limited to, the right and power:
281	(a)  To sue and be sued, implead and be impleaded, and
282	complain and defend in all courts.
283	(b)  To adopt, use, and alter at will a corporate seal.
284	(c)  To acquire, purchase, construct, hold, lease as lessee
285	or lessor, and use any franchise or any property, real,
286	personal, or mixed, tangible or intangible, or any interest
287	therein, necessary or desirable for carrying out the purposes of
288	the authority and to sell, lease as lessor, transfer, and
289	dispose of any property or interest therein at any time acquired
290	by it, including, without limitation, land, buildings, and other
291	facilities located within or comprising transit-oriented
292	developments which enhance the use or utility of transportation
293	facilities owned or constructed by the authority and
294	administrative and other buildings for the use of the authority
295	in carrying out its powers and obligations granted in this
296	chapter.
297	(d)  To enter into and make leases for terms not exceeding
298	40 years, as either lessee or lessor, in order to carry out the
299	right to lease as set forth in this chapter.
300	(e)  To enter into and make lease-purchase agreements with
301	the department for terms not exceeding 40 years, or until any
302	bonds secured by a pledge of rentals thereunder, and any
303	refundings thereof, are fully paid as to both principal and
304	interest, whichever is longer.
305	(f)  To fix, alter, charge, establish, and collect rates,
306	fees, rentals, and other charges for the services and facilities
307	of the Jacksonville Expressway System and any other
308	transportation facilities of the authority, which rates, fees,
309	rentals, and other charges shall always be sufficient to comply
310	with any covenants made with the holders of any bonds issued
311	pursuant to this chapter; this right and power may be assigned
312	or delegated by the authority to the department.
313	(g)1.  To borrow money and make and issue negotiable notes,
314	bonds, refunding bonds, and other evidences of indebtedness or
315	obligations, either in temporary or definitive form,
316	(hereinafter in this chapter sometimes called "bonds"), of the
317	authority, for the purpose of funding or refunding, at or prior
318	to maturity, any bonds theretofore issued by the authority, or
319	by the Florida State Improvement Commission to finance part of
320	the cost of the Jacksonville Expressway System, and purposes
321	related thereto, and for the purpose of financing or refinancing
322	all or part of the costs of completion, or improvement, or
323	extension of the Jacksonville Expressway System, and appurtenant
324	facilities, including all approaches, streets, roads, bridges,
325	and avenues of access for the Jacksonville Expressway System and
326	for any other purpose authorized by this chapter, such bonds to
327	mature in not exceeding 40 years from the date of the issuance
328	thereof; and to secure the payment of such bonds or any part
329	thereof by a pledge of any or all of its revenues, rates, fees,
330	rentals, or other charges, including all or any portion of the
331	Duval County gasoline tax funds received by the authority
332	pursuant to the terms of any lease-purchase agreement between
333	the authority and the department; and in general to provide for
334	the security of such bonds and the rights and remedies of the
335	holders thereof.
336	2.  In the event that the authority determines to fund or
337	refund any bonds theretofore issued by the authority, or by the
338	commission as aforesaid, prior to the maturity thereof, the
339	proceeds of such funding or refunding bonds shall, pending the
340	prior redemption of the bonds to be funded or refunded, be
341	invested in direct obligations of the United States; and it is
342	the express intention of this chapter that such outstanding
343	bonds may be funded or refunded by the issuance of bonds
344	pursuant to this chapter notwithstanding that part of such
345	outstanding bonds will not mature or become redeemable until 6
346	years after the date of issuance of bonds pursuant to this
347	chapter to fund or refund such outstanding bonds.
348	(h)  To make contracts of every name and nature and to
349	execute all instruments necessary or convenient for the carrying
350	on of its business.
351	(i)  Without limitation of the foregoing, to borrow money
352	and accept grants from, and to enter into contracts, leases, or
353	other transactions with, any federal agency, the state, any
354	agency of the state, the County of Duval, the City of
355	Jacksonville, or any other public body of the state and to make
356	purchases under government contracts, whether with a federal,
357	state, or local governmental entity.
358	(j)  To have the power of eminent domain, including the
359	procedural powers granted under chapters 73 and 74.
360	(k)  To pledge, hypothecate, or otherwise encumber all or
361	any part of the revenues, rates, fees, rentals, or other charges
362	or receipts of the authority, including all or any portion of
363	the Duval County gasoline tax funds received by the authority
364	pursuant to the terms of any lease-purchase agreement between
365	the authority and the department, as security for all or any of
366	the obligations of the authority.
367	(l)  To do all acts and things necessary or convenient for
368	the conduct of its business and the general welfare of the
369	authority, in order to carry out the powers granted to it by
370	this chapter or any other law.
371	(m)  To invest and to borrow money and make and issue
372	negotiable notes, bonds, refunding bonds, and other evidences of
373	indebtedness or obligations, either in temporary or definitive
374	form, of the authority for the purpose of financing or
375	refinancing all or a part of funding or refunding the cost of
376	the acquisition or improvement of transportation facilities
377	motor or street railway vehicles, passenger terminals,
378	automobile parking facilities, or administrative offices and for
379	any other purposes authorized by this chapter, such bonds to
380	mature in not exceeding 40 years from the date of the issuance
381	thereof; to secure the payment of such bonds or any part thereof
382	by a pledge of any or all of its revenues, rates, fees, rentals,
383	or other charges, including, without limitation, all or any
384	portion of local option taxes or county gasoline tax funds
385	received by the authority; and in general to provide for the
386	security of such bonds and the rights and remedies of the
387	holders thereof.
388	(n)  To adopt rules to carry out the powers and obligations
389	herein granted, which set forth a purpose, necessary
390	definitions, forms, general conditions and procedures, and fines
391	and penalties, including, without limitation, suspension or
392	debarment, and charges for nonperformance, with respect to any
393	aspect of the work or function of the authority for the
394	permitting, planning, funding, design, acquisition,
395	construction, equipping, operation, and maintenance of
396	transportation facilities, transit and highway, within the
397	state, provided or operated by the authority or others in
398	cooperation with or at the direction of the authority, and for
399	carrying out all other purposes of the authority set forth or
400	authorized in this chapter.
401	(o)  To establish and fund reserve accounts with respect to
402	its operations and functions, make withdrawals therefrom, and
403	replenish such accounts, as the governing body may reasonably
404	determine.
405	(p)  To adopt and approve an annual budget, and to utilize
406	purchasing schedules and master purchasing contracts of the
407	state or any federal agency, to the extent permitted by law.
408	(q)  To retain legal counsel and financial, engineering,
409	real estate, accounting, design, planning, and other consultants
410	from time to time as the authority may determine to assist in
411	the carrying out of the powers and obligations granted in this
412	chapter.
413	(r)  With the consent of the county within whose
414	jurisdiction the following activities occur, to construct, own,
415	operate, and maintain transportation facilities outside the
416	jurisdictional boundaries of Duval County, with all necessary
417	and incidental powers to accomplish the foregoing.
418	(s)  To form, alone or with one or more other agencies of
419	the state or local governments, public benefit corporations to
420	carry out the powers and obligations granted in this chapter or
421	the powers and obligations of such other agencies or local
422	governments.
423	(t)  To require or elect not to require bid bonds and
424	protest bonds, to prequalify bidders or proposers in various
425	categories of work or services, and to suspend or debar
426	consultants and contractors in accordance with the rules of the
427	authority.
428	(u)  To create and operate an employees' benefit fund for
429	employees of the authority or public benefit corporations
430	controlled by it. The proceeds of vending machines located on
431	the premises of the authority or such corporations shall be paid
432	into the fund and used for such benefits and purposes as the
433	authority may determine.
434	(3)  The authority shall have no power at any time or in
435	any manner to pledge the credit or taxing power of the state or
436	any political subdivision or agency thereof; nor shall any of
437	the obligations of the authority be deemed to be obligations of
438	the state or of any political subdivision or agency thereof; nor
439	shall the state or any political subdivision or agency thereof,
440	except the authority, be liable for the payment of the principal
441	of, or interest on, such obligations. However, this provision is
442	not applicable to the type or manner of financing authorized by
443	s. 9(c)(5), Art. XII of the State Constitution, as amended, and
444	laws enacted pursuant thereto.
445	(4)  By a resolution of its governing body, the authority
446	may expand its service area and enter into a partnership with
447	any county that is contiguous to the then-current service area
448	of the authority. The governing body shall determine the
449	conditions and terms of the partnership, except as provided in
450	this section. However, the authority may not expand its service
451	area without the consent of the governing body representing the
452	proposed expansion area.
453	(5)  Except as otherwise expressly provided in this
454	chapter, none of the powers and obligations herein granted to
455	the authority shall be subject to the supervision or require the
456	approval or consent of any municipality or county, except as may
457	be agreed upon by the authority in an interlocal agreement with
458	a municipality or county.
459	(6)  No oral modification of a contract, whether for
460	construction of highway facilities or other transportation
461	facilities, shall be binding upon the authority or form the
462	basis for a claim against the authority. Only the chair of the
463	governing body or executive director of the authority, or the
464	designee of either, may bind the authority. In addition to any
465	provisions for liquidated damages for delay by contractors in
466	construction of transportation facilities for the authority, the
467	authority may also recover from the contractor amounts owing or
468	paid by the authority for damages suffered by third parties as a
469	result of the contractor's failure to complete the project
470	within the time stipulated in the contract, as amended by the
471	authority. In all cases in which damages to the authority for
472	delay are not specified by contract as a liquidated amount, the
473	measure of such damages shall be based upon an analysis of the
474	cost savings, in travel time and travel costs, to the traveling
475	public for transportation facilities that are not revenue-
476	producing.
477	(7)  The authority shall be deemed to be an "authority" for
478	purposes of s. 337.403, shall have all of the powers granted to
479	authorities under s. 337.403, and shall have the powers granted
480	to the Department of Transportation under s. 337.274 with
481	respect to its powers and obligations granted in this chapter.
482	(8)  The authority shall be deemed to be an "authority" for
483	purposes of s. 20.23(2)(b)8., relating to monitoring and review
484	by the Florida Transportation Commission, and for purposes of s.
485	348.0003(4)(c), relating to financial disclosure requirements
486	for authority members.
487	Section 4.  Section 349.041, Florida Statutes, is amended
488	to read:
489	349.041  Provision of funds and services by city to
490	authority; employment of legal counsel.--
491	(1)  The authority shall prepare and submit annually its
492	requests for such funds as it may require from the city for the
493	ensuing year to the council of the city on or before June 1,
494	setting forth its estimated gross revenues and requirements with
495	respect to the activities or transportation facilities for which
496	funds of the city are sought estimated requirements for
497	operations, maintenance expenses, and debt service. A copy of
498	such requests shall be furnished to the Department of
499	Transportation. The council and the mayor of the City of
500	Jacksonville may appropriate such funds as they deem appropriate
501	for the use of the authority.
502	(2)  Except as the council may provide, and except as
503	otherwise required by any trust indenture outstanding on
504	September 1, 1971, the authority shall utilize, on a cost-
505	accounted basis, the central services of the city, and shall pay
506	therefor. The authority may, however, employ legal counsel it
507	deems necessary, upon resolution of the authority.
508	Section 5.  Section 349.042, Florida Statutes, is repealed.
509	Section 6.  Section 349.043, Florida Statutes, is created
510	to read:
511	349.043  Public hearings for transportation
512	facilities.--Transportation facilities may not be designated or
513	relocated by the authority, nor may substantive changes be made
514	thereto, until after a public hearing is conducted by the
515	authority. Any interested party shall have the opportunity to be
516	heard either in person or by counsel and to introduce testimony
517	in such person's behalf at the hearing. Reasonable notice of
518	each such public hearing shall be published in a newspaper of
519	general circulation in each county directly affected by the
520	proposed transportation facility not less than 14 days prior to
521	the hearing. In addition, the authority shall comply with all
522	applicable federal requirements related to new or altered
523	transportation facilities or services.
524	Section 7.  Section 349.05, Florida Statutes, is amended to
525	read:
526	349.05  Bonds of the authority; bonds not debt or pledges
527	of credit of state.--
528	(1)(a)  Bonds may be issued on behalf of the authority
529	pursuant to the State Bond Act or, alternatively, the authority
530	may issue bonds pursuant to paragraph (b).
531	(b)1.  The bonds of the authority issued pursuant to the
532	provisions of this chapter, whether an original issuance or on
533	refunding, shall be authorized by resolution of the members
534	thereof and may be issued in one or more series, may be either
535	term or serial bonds, and shall bear such date or dates, be
536	payable on demand or mature at such time or times, not exceeding
537	40 years from their respective dates, bear interest, fixed or
538	variable, at such rate or rates, not exceeding the maximum
539	lawful interest rate payable semiannually, be in such
540	denominations, be in such form, either coupon or fully
541	registered, carry such registration, exchangeability, and
542	interchangeability privileges, be payable in such medium of
543	payment and at such place or places, be subject to such terms of
544	redemption, with or without premium, and other terms, have such
545	rank, and be entitled to such remedies and priorities on the
546	revenues, rates, fees, rentals, or other charges or receipts of
547	the authority including all or any portion of local option sales
548	tax or the Duval county gasoline tax funds received by the
549	authority pursuant to the terms of any lease-purchase agreement
550	between the authority and the department, as the authority may
551	determine such resolution or any resolution subsequent thereto
552	may provide. The bonds shall be executed either by manual or
553	facsimile signature by such officers as the authority shall
554	determine, provided that such bonds shall bear at least one
555	signature that which is manually executed thereon, and the
556	coupons attached to such bonds shall bear the facsimile
557	signature or signatures of such officer or officers as shall be
558	designated by the authority and shall have the seal of the
559	authority affixed, imprinted, reproduced, or lithographed
560	thereon, all as may be prescribed in such resolution or
561	resolutions.
562	2.(b)  Such bonds shall be sold at public or private sale
563	at such price or prices as the authority determines to be in its
564	best interest, except that the interest costs to the authority
565	on such bonds may not exceed the maximum lawful interest rate.
566	The authority shall provide a specific finding by resolution as
567	to the reason requiring any negotiated sale must be sold at
568	public sale in the manner provided by the State Bond Act.
569	However, if the authority, by official action at a public
570	meeting, determines that a negotiated sale of the bonds is in
571	the best interest of the authority, the authority may negotiate
572	for sale of the bonds with the underwriter or underwriters
573	designated by the authority and the Division of Bond Finance of
574	the State Board of Administration. Pending the preparation of
575	definitive bonds, interim certificates may be issued to the
576	purchaser or purchasers of such bonds and may contain such terms
577	and conditions as the authority may determine.
578	3.  The authority may issue bonds pursuant to this
579	paragraph to refund any bonds previously issued regardless of
580	whether the bonds being refunded were issued by the authority
581	pursuant to this chapter or on behalf of the authority pursuant
582	to the State Bond Act.
583	(2)  Any such resolution or resolutions authorizing any
584	bonds hereunder may contain provisions, and valid and legally
585	binding covenants of the authority, which shall be part of the
586	contract with the holders of such bonds, as to:
587	(a)  The pledging of all or any part of the revenues,
588	rates, fees, rentals, including the sales surtax adopted
589	pursuant to s. 212.055(1) (including all or any portion of the
590	Duval county gasoline tax funds received by the authority
591	pursuant to the terms of any lease-purchase agreement between
592	the authority and the department, or any part thereof), or other
593	charges or receipts of any nature of the authority, whether or
594	not derived by the authority from the Jacksonville Expressway
595	System or its other transportation facilities;
596	(b)  The completion, improvement, operation, extension,
597	maintenance, repair, lease, or lease-purchase agreement of said
598	system or transportation facilities, and the duties of the
599	authority and others, including the department, with reference
600	thereto;
601	(c)  Limitations on the purposes to which the proceeds of
602	the bonds, then or thereafter to be issued, or of any loan or
603	grant, by the United States or the state may be applied;
604	(d)  The fixing, charging, establishing, and collecting of
605	rates, fees, rentals, or other charges for use of the services
606	and facilities of the Jacksonville Expressway System or any part
607	thereof or its other transportation facilities;
608	(e)  The setting aside of reserves or sinking funds or
609	repair and replacement funds and the regulation and disposition
610	thereof;
611	(f)  Limitations on the issuance of additional bonds;
612	(g)  The terms and provisions of any lease-purchase
613	agreement, deed of trust, or indenture securing the bonds, or
614	under which the same may be issued; and
615	(h)  Any other or additional provisions, covenants, and
616	agreements with the holders of the bonds which the authority may
617	deem desirable and proper.
618	(3)  The authority may employ fiscal agents as provided by
619	this chapter or the State Board of Administration may, upon
620	request by the authority, act as fiscal agent for the authority
621	in the issuance of any bonds that may be issued pursuant to this
622	chapter, and the State Board of Administration may, upon request
623	by the authority, take over the management, control,
624	administration, custody, and payment of any or all debt services
625	or funds or assets now or hereafter available for any bonds
626	issued pursuant to this chapter. The authority may enter into
627	deeds of trust, indentures, or other agreements with a corporate
628	trustee or trustees, which shall act as its fiscal agent for the
629	authority and may be, or with any bank or trust company within
630	or without the state, as security for such bonds, and may, under
631	such agreements, assign and pledge all or any of the revenues,
632	rates, fees, rentals, or other charges or receipts of the
633	authority, including all or any portion of local option taxes or
634	the Duval county gasoline tax funds received by the authority
635	pursuant to the terms of any lease-purchase agreement between
636	the authority and the department, thereunder. Such deed of
637	trust, indenture, or other agreement, may contain such
638	provisions as are is customary in such instruments or, as the
639	authority may authorize, including, but without limitation,
640	provisions as to:
641	(a)  The completion, improvement, operation, extension,
642	maintenance, repair, and lease of, or lease-purchase agreement
643	relating to, all or any part of transportation facilities
644	authorized in this chapter to be constructed, acquired,
645	developed, or operated by the authority the Jacksonville
646	Expressway System, and the duties of the authority and others,
647	including the department, with reference thereto;
648	(b)  The application of funds and the safeguarding of funds
649	on hand or on deposit;
650	(c)  The rights and remedies of the trustee and the holders
651	of the bonds; and
652	(d)  The terms and provisions of the bonds or the
653	resolutions authorizing the issuance of the same.
654	(4)  Any of the bonds issued pursuant to this chapter are,
655	and are hereby declared to be, negotiable instruments, and shall
656	have all the qualities and incidents of negotiable instruments
657	under the law merchant and the negotiable instruments law of the
658	state.
659	(5)  Notwithstanding any of the provisions of this chapter,
660	each project, building, or facility that which has been financed
661	by the issuance of bonds or other evidences of indebtedness
662	under this chapter and any refinancing thereof is hereby
663	approved as provided for in s. 11(f), Art. VII of the State
664	Constitution.
665	(6)  Revenue bonds issued under the provisions of this
666	chapter are not debts of the state or pledges of the faith and
667	credit of the state. Such bonds are payable exclusively from
668	revenues pledged for their payment. Each such bond shall contain
669	a statement on its face that the state is not obligated to pay
670	the same or the interest thereon, except from the revenues
671	pledged for their payment, and that the faith and credit of the
672	state is not pledged to the payment of the principle or interest
673	of such bond. The issuance of revenue bonds under the provisions
674	of this chapter does not directly, indirectly, or contingently
675	obligate the state to levy or to pledge any form of taxation
676	whatsoever or to make any appropriation for their payment.
677	Section 8.  Section 349.06, Florida Statutes, is repealed.
678	Section 9.  Section 349.061, Florida Statutes, is created
679	to read:
680	349.061  Bond financing authority.--Pursuant to s. 11(f),
681	Art. VII of the State Constitution, the Legislature hereby
682	approves for bond financing by the authority any extensions,
683	additions, and improvements to the Jacksonville Expressway
684	System and any other facilities appurtenant, necessary, or
685	incidental to the system or any transportation facilities herein
686	authorized to be constructed, acquired, or operated by the
687	authority. Subject to terms and conditions of applicable revenue
688	bond resolutions and covenants, such costs may be financed in
689	whole or in part by revenue bonds issued pursuant to s.
690	349.05(1)(a) or (b), whether currently issued or issued in the
691	future, or by a combination of such bonds.
692	Section 10.  Subsection (7) of section 349.07, Florida
693	Statutes, is amended to read:
694	349.07  Lease-purchase agreement.--
695	(7)  Regardless of whether the authority enters into a
696	lease-purchase agreement with the department relating to the
697	system or any part thereof, the Said system shall be a part of
698	the State Highway road System and the said department is hereby
699	authorized, upon the request of the authority, to expend out of
700	any funds available for the purpose such moneys, and to use such
701	of its engineering and other forces, as may be necessary and
702	desirable in the judgment of the said department, for the
703	operation of the said authority and for traffic surveys,
704	borings, surveys, preparation of plans and specifications,
705	estimates of cost, and other preliminary engineering and other
706	studies; provided, however, that the aggregate amount of moneys
707	expended for said purposes by said department shall not exceed
708	the sum of $375,000.
709	Section 11.  Section 349.10, Florida Statutes, is amended
710	to read:
711	349.10  Acquisition of lands and property.--
712	(1)  For the purposes of this chapter, law the Jacksonville
713	Transportation Authority may acquire private or public property
714	and property rights, including rights of access, air, view, and
715	light, by gift, devise, purchase, or condemnation by eminent
716	domain proceedings, as the authority may deem necessary,
717	including, but not limited to, any lands reasonably necessary
718	for securing applicable permits, areas necessary for management
719	of access, borrow pits, drainage ditches, water retention areas,
720	rest areas, replacement access for landowners whose access is
721	impaired due to the construction of transportation facilities,
722	and replacement rights-of-way for relocated rail and utility
723	facilities, and areas necessary for existing, proposed, or
724	anticipated transportation facilities or in a transportation
725	corridor designated by the authority. The authority shall also
726	have the power to condemn any material and property necessary
727	for such for any of the purposes of this chapter. Property
728	already devoted to a public use may be acquired in like manner,
729	provided that no real property belonging to the city, the
730	county, the state, or any political subdivision thereof may be
731	acquired without its consent. The right of eminent domain herein
732	conferred shall be exercised by the authority in the manner
733	provided by law.
734	(2)  The authority may acquire such rights, title,
735	interest, or easements in such lands as it may deem necessary
736	for any of the purposes of this chapter.
737	(3)  In connection with the acquisition of property or
738	property rights as herein provided, the authority may in its
739	discretion acquire an entire lot, block, or tract of land, if by
740	so doing the interests of the public will be best served, even
741	though said entire lot, block, or tract is not immediately
742	needed for the right-of-way proper.
743	(4)  When the authority acquires property for a
744	transportation facility or in a transportation corridor, it is
745	not subject to any liability imposed by chapter 376 or chapter
746	403 for preexisting soil or groundwater contamination due solely
747	to its ownership. This section does not affect the rights or
748	liabilities of any past or future owners of the acquired
749	property nor does it affect the liability of any governmental
750	entity for the results of its actions that create or exacerbate
751	a pollution source. The authority and the Department of
752	Environmental Protection may enter into interagency agreements
753	for the performance, funding, and reimbursement for the costs of
754	the investigative and remedial acts necessary for property
755	acquired by the authority.
756	Section 12.  Section 349.12, Florida Statutes, is amended
757	to read:
758	349.12  Covenant of the state.--The state does hereby
759	pledge to, and agree agrees, with any person, firm or
760	corporation, or federal or state agency subscribing to, or
761	acquiring the bonds to be issued by the authority for the
762	purposes of this chapter that the state will not limit or alter
763	the rights hereby vested in the authority and the department
764	until all bonds at any time issued, together with the interest
765	thereon, are fully paid and discharged insofar as the same
766	affects the rights of the holders of bonds issued hereunder. The
767	state does further pledge to, and agree, with the United States
768	and any federal agency that, in the event that any federal
769	agency shall construct or contribute any funds for the
770	completion, extension, or improvement of the Jacksonville
771	Expressway System or other transportation facilities of the
772	authority, or any part or portion thereof, the state will not
773	alter or limit the rights and powers of the authority and the
774	department in any manner that which would be inconsistent with
775	the continued maintenance and operation of the Jacksonville
776	Expressway System or other transportation facilities of the
777	authority or the completion, extension, or improvement thereof,
778	or that which would be inconsistent with the due performance of
779	any agreements between the authority and any such federal
780	agency, and the authority and the department shall continue to
781	have and may exercise all powers herein granted, so long as the
782	same shall be necessary or desirable for the carrying out of the
783	purposes of this chapter and the purposes of the United States
784	in the completion, extension, or improvement of the Jacksonville
785	Expressway System or other transportation facilities of the
786	authority, or any part or portion thereof.
787	Section 13.  Section 349.13, Florida Statutes, is amended
788	to read:
789	349.13  Exemption from taxation.--The effectuation of the
790	authorized purposes of the authority created under this chapter
791	is, shall and will be, in all respects for the benefit of the
792	people of the state, for the increase of their commerce and
793	prosperity, and for the improvement of their health and living
794	conditions, and since such authority will be performing
795	essential governmental functions in effectuating such purposes,
796	such authority shall not be required to pay any taxes or
797	assessments of any kind or nature whatsoever upon any property
798	acquired or used by it for such purposes, or upon any rates,
799	fees, rentals, receipts, income, or charges at any time received
800	by it, and the bonds and other obligations issued under this
801	chapter by the authority, their transfer and the income
802	therefrom, (including any profits made on the sale thereof),
803	shall at all times be free from taxation of any kind by the
804	state, or by any political subdivision, or taxing agency or
805	instrumentality thereof. The exemption granted by this section
806	shall not be applicable to any tax imposed by chapter 220 on
807	interest, income, or profits on debt obligations owned by
808	corporations. When property of the authority is leased, it shall
809	be exempt from ad valorem taxes only if the use by the lessee
810	qualifies the property for exemption under s. 196.199.
811	Section 14.  Section 349.15, Florida Statutes, is amended
812	to read:
813	349.15  Remedies; pledges enforceable by bondholders.--Any
814	holder of bonds issued under this chapter, except to the extent
815	such rights may be restricted by the resolution, deed of trust,
816	indenture, or other proceeding relating to the issuance of such
817	bonds, may by civil action, mandamus, or other appropriate
818	action, suit, or proceeding in law or in equity, in any court of
819	competent jurisdiction, protect and enforce any and all rights
820	of such bondholder granted under the proceedings authorizing the
821	issuance of such bonds and enforce any pledge made for payment
822	of the principal and interest on bonds, or any covenant or
823	agreement relative thereto, against the authority or directly
824	against the department, as may be appropriate. It is the express
825	intention of this chapter that any pledge by the department of
826	rates, fees, revenues, Duval county gasoline tax funds, or other
827	funds, as rentals, to the authority or any covenants or
828	agreements relative thereto may be enforceable in any court of
829	competent jurisdiction against the authority or directly against
830	the department by any holder of bonds issued by the authority.
831	Section 15.  Section 349.17, Florida Statutes, is amended
832	to read:
833	349.17  Chapter complete and additional authority.--
834	(1)  The powers conferred by this chapter shall be in
835	addition and supplemental to the existing powers of said board
836	and the Department of Transportation, and this chapter shall not
837	be construed as repealing any of the provisions of any other
838	law, general, special, or local, but to supersede such other
839	laws in the exercise of the powers provided in this chapter, and
840	to provide a complete method for the exercise of the powers
841	granted in this chapter. The refunding of any of the bonds of
842	Florida State Improvement Commission heretofore issued to
843	finance part of the cost of said Jacksonville Expressway System,
844	and the completion, extension, and improvement of said system,
845	and the issuance of bonds hereunder to finance all or part of
846	the cost thereof, may be accomplished upon compliance with the
847	provisions of this chapter without regard to or necessity for
848	compliance with the provisions, limitations, or restrictions
849	contained in any other general, special, or local law,
850	including, without limitation, s. 215.821, and no approval of
851	any bonds issued under this chapter by the qualified electors or
852	qualified electors who are freeholders in the state or in said
853	County of Duval, or in said City of Jacksonville, or in any
854	other political subdivision of the state, shall be required for
855	the issuance of such bonds pursuant to this chapter.
856	(2)  This chapter shall not be deemed to repeal, rescind,
857	or modify any other law or laws relating to said State Board of
858	Administration, said Department of Transportation, or said
859	Florida State Improvement Commission, but shall be deemed to and
860	shall supersede such other law or laws in the exercise of the
861	powers provided in this chapter insofar as such other law or
862	laws are inconsistent with the provisions of this chapter,
863	including, without limitation, s. 215.821.
864	Section 16.  Section 349.21, Florida Statutes, is amended
865	to read:
866	349.21  Powers conferred by s. 212.055(1).--Notwithstanding
867	any other provision of law, any transportation authority created
868	by this chapter shall have all the powers conferred by s.
869	212.055(1). The revenues provided by this section may shall be
870	used or pledged as set forth in s. 212.055(1), including to pay
871	principal and interest on bonds issued to refinance existing
872	bonds or new bonds issued for the construction of rapid transit
873	systems, bus systems, roads, or bridges, as provided in s.
874	212.055(1) for which tolls have been pledged. The powers
875	provided by this section shall expire when all such bonds in
876	existence on the effective date of this act have been retired.
877	Section 17.  Section 349.22, Florida Statutes, is created
878	to read:
879	349.22  Public-private transportation facilities.--
880	(1)  The authority may receive or solicit proposals and
881	enter into agreements with private entities or consortia thereof
882	for the building, operation, ownership, or financing of
883	highways, bridges, multimodal transportation systems, transit-
884	oriented development nodes, transit stations, or related
885	transportation facilities. Before approval, the authority must
886	determine that a proposed project:
887	(a)  Is in the public's best interest.
888	(b)  Would not require state funds to be used unless the
889	project is on or provides increased mobility on the State
890	Highway System.
891	(c)  Would have adequate safeguards to ensure that
892	additional costs or unreasonable service disruptions would not
893	be realized by the traveling public and citizens of the state in
894	the event of default or cancellation of the agreement by the
895	authority.
896	(2)  The authority shall ensure that all reasonable costs
897	to the state related to transportation facilities that are not
898	part of the State Highway System are borne by the private entity
899	or any partnership created to develop the facilities. The
900	authority shall also ensure that all reasonable costs to the
901	state and substantially affected local governments and utilities
902	related to the private transportation facility are borne by the
903	private entity for transportation facilities that are owned by
904	private entities. For projects on the State Highway System or
905	that provide increased mobility on the State Highway System, the
906	department may use state resources to participate in funding and
907	financing the project as provided for under the department's
908	enabling legislation.
909	(3)  The authority may request proposals and receive
910	unsolicited proposals for public-private transportation projects
911	and, upon receipt of any unsolicited proposal or determination
912	to issue a request for proposals, the authority must publish a
913	notice in the Florida Administrative Weekly and a newspaper of
914	general circulation in the county in which the proposed project
915	is located at least once a week for 2 weeks requesting proposals
916	or, if an unsolicited proposal was received, stating that it has
917	received the proposal and will accept, for 60 days after the
918	initial date of publication, other proposals for the same
919	project purpose. A copy of the notice must be mailed to each
920	local government in the affected areas. After the public
921	notification period has expired, the authority shall rank the
922	proposals in order of preference. In ranking the proposals, the
923	authority shall consider professional qualifications, general
924	business terms, innovative engineering or cost-reduction terms,
925	finance plans, and the need for state funds to deliver the
926	proposal. If the authority is not satisfied with the results of
927	the negotiations, it may, at its sole discretion, terminate
928	negotiations with the proposer. If these negotiations are
929	unsuccessful, the authority may go to the second and lower-
930	ranked firms, in order, using the same procedure. If only one
931	proposal is received, the authority may negotiate in good faith
932	and, if it is not satisfied with the results, it may, at its
933	sole discretion, terminate negotiations with the proposer.
934	Notwithstanding this subsection, the authority may, at its
935	discretion, reject all proposals at any point in the process up
936	to completion of a contract with the proposer.
937	(4)  Agreements entered into pursuant to this section may
938	authorize the public-private entity to impose tolls or fares for
939	the use of the transportation facility. However, the amount and
940	use of toll or fare revenues shall be regulated by the authority
941	to avoid unreasonable costs to users of the facility.
942	(5)  Each public-private transportation facility
943	constructed pursuant to this section shall comply with all
944	requirements of federal, state, and local laws; state, regional,
945	and local comprehensive plans; the authority's rules, policies,
946	procedures, and standards for transportation facilities; and any
947	other conditions that the authority determines to be in the
948	public's best interest.
949	(6)  The authority may exercise any of its powers,
950	including eminent domain, to facilitate the development and
951	construction of transportation projects pursuant to this
952	section. The authority may pay all or part of the cost of
953	operating and maintaining the facility or may provide services
954	to the private entity, for which services it shall receive full
955	or partial reimbursement.
956	(7)  Except as provided in this section, this section is
957	not intended to amend existing law by granting additional powers
958	to or imposing further restrictions on the governmental entities
959	with regard to regulating and entering into cooperative
960	arrangements with the private sector for the planning,
961	construction, and operation of transportation facilities.
962	Section 18.  This act shall take effect July 1, 2008.

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