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

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