CS/HB 1213

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.; revising a requirement for membership on the
6	governing body of the authority to provide that an
7	appointed member must be a resident and elector of Duval
8	County; amending s. 349.04, F.S.; revising scope of the
9	authority to include certain services throughout Duval
10	County; revising authority, powers, rights, and
11	responsibilities of the authority to provide for planning,
12	coordinating, developing, financing, refinancing,
13	constructing, owning, leasing, purchasing, operating,
14	maintaining, relocating, equipping, repairing, and
15	managing described transportation projects intended to
16	address needs or concerns in the Jacksonville, Duval
17	County, metropolitan area; revising bonding provisions;
18	providing for the authority to fix, alter, charge,
19	establish, and collect rates, fees, rentals, and other
20	charges for any transportation facilities of the
21	authority; revising eminent domain provisions to include
22	specified procedural powers; authorizing use of local
23	option taxes or county gasoline tax funds to secure the
24	payment of bonds; authorizing the authority to establish
25	and fund reserve accounts, adopt an annual budget, use
26	purchasing schedules and master purchasing contracts,
27	retain legal counsel and other consultants, construct and
28	own and maintain transportation facilities outside the
29	jurisdictional boundaries of Duval County, form public
30	benefit corporations, require bid bonds and protest bonds,
31	prequalify bidders or proposers, suspend or debar
32	consultants and contractors, and create and operate an
33	employees' benefit fund; providing for the authority to
34	expand its service area and enter into a partnership with
35	a contiguous county; providing that the powers and
36	obligations of the authority shall not be subject to
37	supervision, approval, or consent of any municipality or
38	county except as agreed upon in an interlocal agreement;
39	providing for certain contractual limitations and recovery
40	of liquidated damages; providing for relocation of utility
41	facilities interfering with transportation projects;
42	authorizing the authority to enter lands, waters, and
43	premises of another in the performance of its duties;
44	amending s. 349.041, F.S.; revising provisions for funds
45	appropriated by the City of Jacksonville to the authority;
46	repealing s. 349.042, F.S., relating to the Jacksonville
47	area planning board review of construction and operation
48	of the expressway and transit functions of the authority;
49	creating s. 349.043, F.S.; requiring a public hearing
50	prior to designation or relocation of transportation
51	facilities or substantive changes thereto; providing
52	procedures; requiring compliance with federal and state
53	requirements related to new or altered transportation
54	facilities or services; amending s. 349.05, F.S.;
55	authorizing bonds to be issued on behalf of the authority;
56	revising provisions for issuance and sale of bonds;
57	authorizing certain refunding bonds; revising provisions
58	for resolutions authorizing bonds; revising provisions for
59	fiscal agents; providing that bonds are not obligations of
60	the state; repealing s. 349.06, F.S., relating to remedies
61	of the bondholders; creating s. 349.061, F.S.; providing
62	approval for bond financing by the authority; amending s.
63	349.07, F.S.; revising provisions authorizing the
64	Department of Transportation to expend certain funds and
65	use its resources for certain items related to the
66	Jacksonville Expressway System; amending s. 349.10, F.S.;
67	revising provisions for the authority to acquire lands and
68	rights therein; limiting liability of the authority with
69	respect to certain contamination of lands acquired;
70	authorizing the authority and the Department of
71	Environmental Protection to enter into agreements for the
72	performance and funding of investigative and remedial
73	acts; amending s. 349.12, F.S.; revising covenant of the
74	state related to bonds of the authority; amending s.
75	349.13, F.S.; specifying conditions under which property
76	leased by the authority is exempt from ad valorem taxes;
77	amending s. 349.15, F.S.; revising provisions for
78	enforcement of rights by bondholders; amending s. 349.17,
79	F.S.; revising provisions for application of and exemption
80	from other laws relating to issuance of bonds; amending s.
81	349.21, F.S.; revising provisions for use of charter
82	county transit system surtax funds to secure payment of
83	bonds of the authority; restricting use of surtax moneys
84	collected within Duval County; creating s. 349.22, F.S.;
85	providing conditions for the authority to receive or
86	solicit proposals and enter into agreements with private
87	entities for the building, operation, ownership, or
88	financing of highways, bridges, multimodal transportation
89	systems, transit-oriented development nodes, transit
90	stations, or related transportation facilities; requiring
91	certain costs to be paid by the private entity;
92	authorizing the department to use state funds for projects
93	on or that increase mobility on the State Highway System;
94	requiring notice of proposals and providing procedures;
95	providing for agreements to authorize the imposition of
96	tolls; requiring public-private transportation facilities
97	to comply with laws, comprehensive plans, and the
98	authority's rules, policies, procedures, standards, and
99	conditions; authorizing the authority to exercise its
100	powers to facilitate public-private projects; providing
101	for application; amending s. 20.23, F.S.; revising the
102	functions of the Florida Transportation Commission; adding
103	the authority to the transportation agencies monitored by
104	the commission; amending s. 334.30, F.S.; exempting
105	certain public-private transportation facilities from
106	certain specified taxes and special assessments; excluding
107	certain taxes from such exemption; requiring that the
108	Department of Transportation direct a study for certain
109	purposes; requiring that such study include and address
110	certain elements; requiring that recommendations be
111	delivered to the Legislature by a specified date;
112	providing an effective date.
113
114	Be It Enacted by the Legislature of the State of Florida:
115
116	Section 1.  Section 349.02, Florida Statutes, is amended to
117	read:
118	349.02  Definitions.--
119	(1)  Except in those instances where the context clearly
120	indicates otherwise, whenever used or referred to in this
121	chapter, the following terms whenever used or referred to in
122	this law shall have the following meanings, except in those
123	instances where the context clearly indicates otherwise:
124	(a)(1)  The term "Authority" means shall mean the body
125	politic and corporate, an agency of the state created by this
126	chapter.
127	(b)(2)  The term "Members" means shall mean the governing
128	body of the authority, and the term "member" means shall mean
129	one of the individuals constituting such governing body.
130	(c)(3)  The term "Bonds" means and includes shall mean and
131	include the notes, bonds, refunding bonds, or other evidences of
132	indebtedness or obligations, in either temporary or definitive
133	form, that which the authority is authorized to issue pursuant
134	to this chapter.
135	(d)(4)  The term "Lease-purchase agreement" means shall
136	mean the lease-purchase agreements that which the authority is
137	authorized pursuant to this chapter to enter into with the
138	department of Transportation.
139	(e)(5)  The term "Department" means shall mean the
140	Department of Transportation existing under chapters 334-339.
141	(f)(6)  The terms "Florida State Improvement Commission" or
142	"commission" means shall mean the state agency created,
143	organized, and existing under and by virtue of the provisions of
144	former chapter 420, or the successor thereto, chapter 29788,
145	Acts of 1955, now chapter 288.
146	(g)(7)  The term "County" means shall mean the County of
147	Duval.
148	(h)(8)  The term "City" means shall mean the City of
149	Jacksonville.
150	(i)(9)  The term "State Board of Administration" means
151	shall mean the body corporate existing under the provisions of
152	s. 9, Art. XII of the State Constitution, or any successor
153	thereto.
154	(j)(10)  The term "Agency of the state" means and includes
155	shall mean and include the state and any department of the
156	state, the authority, or any corporation, agency, or
157	instrumentality heretofore or hereafter created, designated, or
158	established by, the state.
159	(k)(11)  The term "Federal agency" means and includes shall
160	mean and include the United States, the President of the United
161	States, and any department of the United States, or any
162	corporation, agency, or instrumentality heretofore or hereafter
163	created, designated, or established by, the United States.
164	(l)(12)  The term "Duval County gasoline tax funds" means
165	shall mean all the 80-percent surplus gasoline tax funds
166	accruing in each year to the Department of Transportation for
167	use in Duval County under the provisions of s. 9, Art. XII of
168	the State Constitution, after deduction only of any amounts of
169	said gasoline tax funds heretofore pledged by the department or
170	the county for outstanding obligations.
171	(m)  "Transportation facilities" means and includes all
172	mobile and fixed assets (real or personal property or rights
173	therein) used in the transportation of persons or property by
174	any means of conveyance whatsoever, and all appurtenances
175	thereto, such as, but not limited to, highways; limited or
176	controlled access lanes and facilities; docks, vessels,
177	vehicles, fixed guideway facilities, and any means of conveyance
178	of persons or property of all types; park-and-ride facilities;
179	transit-related improvements adjacent to transit facilities or
180	stations; bus, train, vessel, or other vehicle storage,
181	cleaning, fueling, control, and maintenance facilities; and
182	administrative and other office space for the exercise by the
183	authority of the powers and obligations herein granted.
184	(2)(13)  Words importing singular number shall include the
185	plural number in each case and vice versa, and words importing
186	persons shall include firms and corporations.
187	Section 2.  Subsection (2) of section 349.03, Florida
188	Statutes, is amended to read:
189	349.03  Jacksonville Transportation Authority.--
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 that
275	which will serve Duval County and the greater consolidated City
276	of Jacksonville area.
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.
356	(j)  To have the power of eminent domain, including the
357	procedural powers granted under chapters 73 and 74.
358	(k)  To pledge, hypothecate, or otherwise encumber all or
359	any part of the revenues, rates, fees, rentals, or other charges
360	or receipts of the authority, including all or any portion of
361	the Duval County gasoline tax funds received by the authority
362	pursuant to the terms of any lease-purchase agreement between
363	the authority and the department, as security for all or any of
364	the obligations of the authority.
365	(l)  To do all acts and things necessary or convenient for
366	the conduct of its business and the general welfare of the
367	authority, in order to carry out the powers granted to it by
368	this chapter or any other law.
369	(m)  To invest and to borrow money and make and issue
370	negotiable notes, bonds, refunding bonds, and other evidences of
371	indebtedness or obligations, either in temporary or definitive
372	form, of the authority for the purpose of financing or
373	refinancing all or a part of funding or refunding the cost of
374	the acquisition or improvement of transportation facilities
375	motor or street railway vehicles, passenger terminals,
376	automobile parking facilities, or administrative offices and for
377	any other purposes authorized by this chapter, such bonds to
378	mature in not exceeding 40 years from the date of the issuance
379	thereof; to secure the payment of such bonds or any part thereof
380	by a pledge of any or all of its revenues, rates, fees, rentals,
381	or other charges, including, without limitation, all or any
382	portion of local option taxes or county gasoline tax funds
383	received by the authority; and in general to provide for the
384	security of such bonds and the rights and remedies of the
385	holders thereof.
386	(n)  To adopt rules to carry out the powers and obligations
387	herein granted, which set forth a purpose, necessary
388	definitions, forms, general conditions and procedures, and fines
389	and penalties, including, without limitation, suspension or
390	debarment, and charges for nonperformance, with respect to any
391	aspect of the work or function of the authority for the
392	permitting, planning, funding, design, acquisition,
393	construction, equipping, operation, and maintenance of
394	transportation facilities, transit and highway, within the
395	state, provided or operated by the authority or others in
396	cooperation with or at the direction of the authority, and for
397	carrying out all other purposes of the authority set forth or
398	authorized in this chapter.
399	(o)  To establish and fund reserve accounts with respect to
400	its operations and functions, make withdrawals therefrom, and
401	replenish such accounts, as the governing body may reasonably
402	determine.
403	(p)  To adopt and approve an annual budget, and to utilize
404	purchasing schedules and master purchasing contracts of the
405	state, any municipality, or any federal agency, to the extent
406	permitted by law.
407	(q)  To retain legal counsel and financial, engineering,
408	real estate, accounting, design, planning, and other consultants
409	from time to time as the authority may determine to assist in
410	the carrying out of the powers and obligations granted in this
411	chapter.
412	(r)  With the consent of the county within whose
413	jurisdiction the following activities occur, to construct, own,
414	operate, and maintain transportation facilities outside the
415	jurisdictional boundaries of Duval County, with all necessary
416	and incidental powers to accomplish the foregoing.
417	(s)  To form, alone or with one or more other agencies of
418	the state or local governments, public benefit corporations to
419	carry out the powers and obligations granted in this chapter or
420	the powers and obligations of such other agencies or local
421	governments.
422	(t)  To require or elect not to require bid bonds and
423	protest bonds, to prequalify bidders or proposers in various
424	categories of work or services, and to suspend or debar
425	consultants and contractors in accordance with the rules of the
426	authority.
427	(u)  To create and operate an employees' benefit fund for
428	employees of the authority or public benefit corporations
429	controlled by it. The proceeds of vending machines located on
430	the premises of the authority or such corporations shall be paid
431	into the fund and used for such benefits and purposes as the
432	authority may determine.
433	(3)  The authority shall have no power at any time or in
434	any manner to pledge the credit or taxing power of the state or
435	any political subdivision or agency thereof; nor shall any of
436	the obligations of the authority be deemed to be obligations of
437	the state or of any political subdivision or agency thereof; nor
438	shall the state or any political subdivision or agency thereof,
439	except the authority, be liable for the payment of the principal
440	of, or interest on, such obligations. However, this provision is
441	not applicable to the type or manner of financing authorized by
442	s. 9(c)(5), Art. XII of the State Constitution, as amended, and
443	laws enacted pursuant thereto.
444	(4)  By a resolution of its governing body, the authority
445	may expand its service area and enter into a partnership with
446	any county that is contiguous to the then-current service area
447	of the authority. The governing body shall determine the
448	conditions and terms of the partnership, except as provided in
449	this section. However, the authority may not expand its service
450	area without the consent of the governing body representing the
451	proposed expansion area.
452	(5)  Except as otherwise expressly provided in this
453	chapter, none of the powers and obligations herein granted to
454	the authority shall be subject to the supervision or require the
455	approval or consent of any municipality or county, except as may
456	be agreed upon by the authority in an interlocal agreement with
457	a municipality or county.
458	(6)  No oral modification of a contract, whether for
459	construction of highway facilities or other transportation
460	facilities, shall be binding upon the authority or form the
461	basis for a claim against the authority. Only the chair of the
462	governing body or executive director of the authority, or the
463	designee of either, may bind the authority. The authority may
464	provide for liquidated damages for delays by contractors in
465	construction of transportation facilities for the authority, or
466	the authority may provide for other contractually agreed-upon
467	damages measures for delays.
468	(7)  The authority shall be deemed to be an "authority" for
469	purposes of s. 337.403, shall have all of the powers granted to
470	authorities under s. 337.403, and shall have the powers granted
471	to the Department of Transportation under s. 337.274 with
472	respect to its powers and obligations granted in this chapter.
473	Section 4.  Section 349.041, Florida Statutes, is amended
474	to read:
475	349.041  Provision of funds and services by city to
476	authority; employment of legal counsel.--
477	(1)  The authority shall prepare and submit annually its
478	requests for such funds as it may require from the city for the
479	ensuing year to the council of the city on or before June 1,
480	setting forth its estimation for related estimated gross
481	revenues and estimated requirements for operations, maintenance
482	expenses, and debt service. A copy of such requests shall be
483	furnished to the Department of Transportation. The council and
484	the mayor of the City of Jacksonville may appropriate such funds
485	as they deem appropriate for the use of the authority, and the
486	use of such funds shall be subject to audit by the Council
487	Auditor of the City of Jacksonville.
488	(2)  Except as the council may provide, and except as
489	otherwise required by any trust indenture outstanding on
490	September 1, 1971, the authority may use shall utilize, on a
491	cost-accounted basis, the central services of the city, and
492	shall pay therefor. The authority may, however, employ legal
493	counsel it deems necessary, upon resolution of the authority.
494	Section 5.  Section 349.042, Florida Statutes, is repealed.
495	Section 6.  Section 349.043, Florida Statutes, is created
496	to read:
497	349.043  Public hearings for transportation
498	facilities.--Transportation facilities may not be designated or
499	relocated by the authority, nor may substantive changes be made
500	thereto, until after a public hearing is conducted by the
501	authority. Any interested party shall have the opportunity to be
502	heard either in person or by counsel and to introduce testimony
503	in such person's behalf at the hearing. Reasonable notice of
504	each such public hearing shall be published in a newspaper of
505	general circulation in each county directly affected by the
506	proposed transportation facility not less than 14 days prior to
507	the hearing. In addition, the authority shall comply with all
508	applicable federal and state requirements related to new or
509	altered transportation facilities or services.
510	Section 7.  Section 349.05, Florida Statutes, is amended to
511	read:
512	349.05  Bonds of the authority; bonds not debt or pledges
513	of credit of state.--
514	(1)(a)  Bonds may be issued on behalf of the authority
515	pursuant to the State Bond Act or, alternatively, the authority
516	may issue bonds pursuant to paragraph (b).
517	(b)1.  The bonds of the authority issued pursuant to the
518	provisions of this chapter, whether an original issuance or on
519	refunding, shall be authorized by resolution of the members
520	thereof and may be issued in one or more series, may be either
521	term or serial bonds, and shall bear such date or dates, be
522	payable on demand or mature at such time or times, not exceeding
523	40 years from their respective dates, bear interest, fixed or
524	variable, at such rate or rates, not exceeding the maximum
525	lawful interest rate payable semiannually, be in such
526	denominations, be in such form, either coupon or fully
527	registered, carry such registration, exchangeability, and
528	interchangeability privileges, be payable in such medium of
529	payment and at such place or places, be subject to such terms of
530	redemption, with or without premium, and other terms, have such
531	rank, and be entitled to such remedies and priorities on the
532	revenues, rates, fees, rentals, or other charges or receipts of
533	the authority including all or any portion of local option sales
534	tax or the Duval county gasoline tax funds received by the
535	authority pursuant to the terms of any lease-purchase agreement
536	between the authority and the department, as the authority may
537	determine such resolution or any resolution subsequent thereto
538	may provide. The bonds shall be executed either by manual or
539	facsimile signature by such officers as the authority shall
540	determine, provided that such bonds shall bear at least one
541	signature that which is manually executed thereon, and the
542	coupons attached to such bonds shall bear the facsimile
543	signature or signatures of such officer or officers as shall be
544	designated by the authority and shall have the seal of the
545	authority affixed, imprinted, reproduced, or lithographed
546	thereon, all as may be prescribed in such resolution or
547	resolutions.
548	2.(b)  Such bonds shall be sold at public or private sale
549	at such price or prices as the authority determines to be in its
550	best interest, except that the interest costs to the authority
551	on such bonds may not exceed the maximum lawful interest rate.
552	The authority shall provide a specific finding by resolution as
553	to the reason requiring any negotiated sale must be sold at
554	public sale in the manner provided by the State Bond Act.
555	However, if the authority, by official action at a public
556	meeting, determines that a negotiated sale of the bonds is in
557	the best interest of the authority, the authority may negotiate
558	for sale of the bonds with the underwriter or underwriters
559	designated by the authority and the Division of Bond Finance of
560	the State Board of Administration. Pending the preparation of
561	definitive bonds, interim certificates may be issued to the
562	purchaser or purchasers of such bonds and may contain such terms
563	and conditions as the authority may determine.
564	3.  The authority may issue bonds pursuant to this
565	paragraph to refund any bonds previously issued regardless of
566	whether the bonds being refunded were issued by the authority
567	pursuant to this chapter or on behalf of the authority pursuant
568	to the State Bond Act.
569	(2)  Any such resolution or resolutions authorizing any
570	bonds hereunder may contain provisions, and valid and legally
571	binding covenants of the authority, which shall be part of the
572	contract with the holders of such bonds, as to:
573	(a)  The pledging of all or any part of the revenues,
574	rates, fees, rentals, including the sales surtax adopted
575	pursuant to s. 212.055(1) (including all or any portion of the
576	Duval county gasoline tax funds received by the authority
577	pursuant to the terms of any lease-purchase agreement between
578	the authority and the department, or any part thereof), or other
579	charges or receipts of any nature of the authority, whether or
580	not derived by the authority from the Jacksonville Expressway
581	System or its other transportation facilities;
582	(b)  The completion, improvement, operation, extension,
583	maintenance, repair, lease, or lease-purchase agreement of said
584	system or transportation facilities, and the duties of the
585	authority and others, including the department, with reference
586	thereto;
587	(c)  Limitations on the purposes to which the proceeds of
588	the bonds, then or thereafter to be issued, or of any loan or
589	grant, by the United States or the state may be applied;
590	(d)  The fixing, charging, establishing, and collecting of
591	rates, fees, rentals, or other charges for use of the services
592	and facilities of the Jacksonville Expressway System or any part
593	thereof or its other transportation facilities;
594	(e)  The setting aside of reserves or sinking funds or
595	repair and replacement funds and the regulation and disposition
596	thereof;
597	(f)  Limitations on the issuance of additional bonds;
598	(g)  The terms and provisions of any lease-purchase
599	agreement, deed of trust, or indenture securing the bonds, or
600	under which the same may be issued; and
601	(h)  Any other or additional provisions, covenants, and
602	agreements with the holders of the bonds which the authority may
603	deem desirable and proper.
604	(3)  The authority may employ fiscal agents as provided by
605	this chapter or the State Board of Administration may, upon
606	request by the authority, act as fiscal agent for the authority
607	in the issuance of any bonds that may be issued pursuant to this
608	chapter, and the State Board of Administration may, upon request
609	by the authority, take over the management, control,
610	administration, custody, and payment of any or all debt services
611	or funds or assets now or hereafter available for any bonds
612	issued pursuant to this chapter. The authority may enter into
613	deeds of trust, indentures, or other agreements with a corporate
614	trustee or trustees, which shall act as its fiscal agent for the
615	authority and may be, or with any bank or trust company within
616	or without the state, as security for such bonds, and may, under
617	such agreements, assign and pledge all or any of the revenues,
618	rates, fees, rentals, or other charges or receipts of the
619	authority, including all or any portion of local option taxes or
620	the Duval county gasoline tax funds received by the authority
621	pursuant to the terms of any lease-purchase agreement between
622	the authority and the department, thereunder. Such deed of
623	trust, indenture, or other agreement, may contain such
624	provisions as are is customary in such instruments or, as the
625	authority may authorize, including, but without limitation,
626	provisions as to:
627	(a)  The completion, improvement, operation, extension,
628	maintenance, repair, and lease of, or lease-purchase agreement
629	relating to, all or any part of transportation facilities
630	authorized in this chapter to be constructed, acquired,
631	developed, or operated by the authority the Jacksonville
632	Expressway System, and the duties of the authority and others,
633	including the department, with reference thereto;
634	(b)  The application of funds and the safeguarding of funds
635	on hand or on deposit;
636	(c)  The rights and remedies of the trustee and the holders
637	of the bonds; and
638	(d)  The terms and provisions of the bonds or the
639	resolutions authorizing the issuance of the same.
640	(4)  Any of the bonds issued pursuant to this chapter are,
641	and are hereby declared to be, negotiable instruments, and shall
642	have all the qualities and incidents of negotiable instruments
643	under the law merchant and the negotiable instruments law of the
644	state.
645	(5)  Notwithstanding any of the provisions of this chapter,
646	each project, building, or facility that which has been financed
647	by the issuance of bonds or other evidences of indebtedness
648	under this chapter and any refinancing thereof is hereby
649	approved as provided for in s. 11(f), Art. VII of the State
650	Constitution.
651	(6)  Revenue bonds issued under the provisions of this
652	chapter are not debts of the state or pledges of the faith and
653	credit of the state. Such bonds are payable exclusively from
654	revenues pledged for their payment. Each such bond shall contain
655	a statement on its face that the state is not obligated to pay
656	the same or the interest thereon, except from the revenues
657	pledged for their payment, and that the faith and credit of the
658	state is not pledged to the payment of the principle or interest
659	of such bond. The issuance of revenue bonds under the provisions
660	of this chapter does not directly, indirectly, or contingently
661	obligate the state to levy or to pledge any form of taxation
662	whatsoever or to make any appropriation for their payment.
663	Section 8.  Section 349.06, Florida Statutes, is repealed.
664	Section 9.  Section 349.061, Florida Statutes, is created
665	to read:
666	349.061  Bond financing authority.--Pursuant to s. 11(f),
667	Art. VII of the State Constitution, the Legislature hereby
668	approves for bond financing by the authority any extensions,
669	additions, and improvements to the Jacksonville Expressway
670	System and any other facilities appurtenant, necessary, or
671	incidental to the system or any transportation facilities herein
672	authorized to be constructed, acquired, or operated by the
673	authority. Subject to terms and conditions of applicable revenue
674	bond resolutions and covenants, such costs may be financed in
675	whole or in part by revenue bonds issued pursuant to s.
676	349.05(1)(a) or (b), whether currently issued or issued in the
677	future, or by a combination of such bonds.
678	Section 10.  Subsection (7) of section 349.07, Florida
679	Statutes, is amended to read:
680	349.07  Lease-purchase agreement.--
681	(7)  Regardless of whether the authority enters into a
682	lease-purchase agreement with the department relating to the
683	system or any part thereof, the Said system shall be a part of
684	the State Highway road System and the said department is hereby
685	authorized, upon the request of the authority, to expend out of
686	any funds available for the purpose such moneys, and to use such
687	of its engineering and other forces, as may be necessary and
688	desirable in the judgment of the said department, for the
689	operation of the said authority and for traffic surveys,
690	borings, surveys, preparation of plans and specifications,
691	estimates of cost, and other preliminary engineering and other
692	studies; provided, however, that the aggregate amount of moneys
693	expended for said purposes by said department shall not exceed
694	the sum of $375,000.
695	Section 11.  Section 349.10, Florida Statutes, is amended
696	to read:
697	349.10  Acquisition of lands and property.--
698	(1)  For the purposes of this chapter, law the Jacksonville
699	Transportation Authority may acquire private or public property
700	and property rights, including rights of access, air, view, and
701	light, by gift, devise, purchase, or condemnation by eminent
702	domain proceedings, as the authority may deem necessary,
703	including, but not limited to, any lands reasonably necessary
704	for securing applicable permits, areas necessary for management
705	of access, borrow pits, drainage ditches, water retention areas,
706	rest areas, replacement access for landowners whose access is
707	impaired due to the construction of transportation facilities,
708	and replacement rights-of-way for relocated rail and utility
709	facilities, and areas necessary for existing, proposed, or
710	anticipated transportation facilities or in a transportation
711	corridor designated by the authority. The authority shall also
712	have the power to condemn any material and property necessary
713	for such any of the purposes of this chapter. Property already
714	devoted to a public use may be acquired in like manner, provided
715	that no real property belonging to the state or any political
716	subdivision thereof may be acquired without the state's or
717	affected political subdivision's consent. The right of eminent
718	domain herein conferred in this section shall be exercised by
719	the authority in the manner provided by law. Notwithstanding
720	that the authority is an agency of the state, the authority
721	shall not exercise its powers of condemnation granted in this
722	section with respect to any property or property rights of any
723	county or municipality, including, without limitation, the City
724	of Jacksonville.
725	(2)  The authority may acquire such rights, title,
726	interest, or easements in such lands as it may deem necessary
727	for any of the purposes of this chapter.
728	(3)  In connection with the acquisition of property or
729	property rights as herein provided, the authority may in its
730	discretion acquire an entire lot, block, or tract of land, if by
731	so doing the interests of the public will be best served, even
732	though said entire lot, block, or tract is not immediately
733	needed for the right-of-way proper.
734	(4)  When the authority acquires property for a
735	transportation facility or in a transportation corridor, it is
736	not subject to any liability imposed by chapter 376 or chapter
737	403 for preexisting soil or groundwater contamination due solely
738	to its ownership. This section does not affect the rights or
739	liabilities of any past or future owners of the acquired
740	property nor does it affect the liability of any governmental
741	entity for the results of its actions that create or exacerbate
742	a pollution source. The authority and the Department of
743	Environmental Protection may enter into interagency agreements
744	for the performance, funding, and reimbursement for the costs of
745	the investigative and remedial acts necessary for property
746	acquired by the authority.
747	Section 12.  Section 349.12, Florida Statutes, is amended
748	to read:
749	349.12  Covenant of the state.--The state does hereby
750	pledge to, and agree agrees, with any person, firm, or
751	corporation, or federal or state agency subscribing to, or
752	acquiring the bonds to be issued by the authority for the
753	purposes of this chapter that the state will not limit or alter
754	the rights hereby vested in the authority and the department
755	until all bonds at any time issued, together with the interest
756	thereon, are fully paid and discharged insofar as the same
757	affects the rights of the holders of bonds issued hereunder. The
758	state does further pledge to, and agree, with the United States
759	and any federal agency that, in the event that any federal
760	agency shall construct or contribute any funds for the
761	completion, extension, or improvement of the Jacksonville
762	Expressway System or other transportation facilities of the
763	authority, or any part or portion thereof, the state will not
764	alter or limit the rights and powers of the authority and the
765	department in any manner that which would be inconsistent with
766	the continued maintenance and operation of the Jacksonville
767	Expressway System or other transportation facilities of the
768	authority or the completion, extension, or improvement thereof,
769	or that which would be inconsistent with the due performance of
770	any agreements between the authority and any such federal
771	agency, and the authority and the department shall continue to
772	have and may exercise all powers herein granted, so long as the
773	same shall be necessary or desirable for the carrying out of the
774	purposes of this chapter and the purposes of the United States
775	in the completion, extension, or improvement of the Jacksonville
776	Expressway System or other transportation facilities of the
777	authority, or any part or portion thereof.
778	Section 13.  Section 349.13, Florida Statutes, is amended
779	to read:
780	349.13  Exemption from taxation.--The effectuation of the
781	authorized purposes of the authority created under this chapter
782	is, shall and will be, in all respects for the benefit of the
783	people of the state, for the increase of their commerce and
784	prosperity, and for the improvement of their health and living
785	conditions, and since such authority will be performing
786	essential governmental functions in effectuating such purposes,
787	such authority shall not be required to pay any taxes or
788	assessments of any kind or nature whatsoever upon any property
789	acquired or used by it for such purposes, or upon any rates,
790	fees, rentals, receipts, income, or charges at any time received
791	by it, and the bonds and other obligations issued under this
792	chapter by the authority, their transfer and the income
793	therefrom, (including any profits made on the sale thereof),
794	shall at all times be free from taxation of any kind by the
795	state, or by any political subdivision, or taxing agency or
796	instrumentality thereof. The exemption granted by this section
797	shall not be applicable to any tax imposed by chapter 220 on
798	interest, income, or profits on debt obligations owned by
799	corporations. When property of the authority is leased, it shall
800	be exempt from ad valorem taxes only if the use by the lessee
801	qualifies the property for exemption under s. 196.199.
802	Section 14.  Section 349.15, Florida Statutes, is amended
803	to read:
804	349.15  Remedies; pledges enforceable by bondholders.--Any
805	holder of bonds issued under this chapter, except to the extent
806	such rights may be restricted by the resolution, deed of trust,
807	indenture, or other proceeding relating to the issuance of such
808	bonds, may by civil action, mandamus, or other appropriate
809	action, suit, or proceeding in law or in equity, in any court of
810	competent jurisdiction, protect and enforce any and all rights
811	of such bondholder granted under the proceedings authorizing the
812	issuance of such bonds and enforce any pledge made for payment
813	of the principal and interest on bonds, or any covenant or
814	agreement relative thereto, against the authority or directly
815	against the department, as may be appropriate. It is the express
816	intention of this chapter that any pledge by the department of
817	rates, fees, revenues, Duval county gasoline tax funds, or other
818	funds, as rentals, to the authority or any covenants or
819	agreements relative thereto may be enforceable in any court of
820	competent jurisdiction against the authority or directly against
821	the department by any holder of bonds issued by the authority.
822	Section 15.  Section 349.17, Florida Statutes, is amended
823	to read:
824	349.17  Chapter complete and additional authority.--
825	(1)  The powers conferred by this chapter shall be in
826	addition and supplemental to the existing powers of said board
827	and the Department of Transportation, and this chapter shall not
828	be construed as repealing any of the provisions of any other
829	law, general, special, or local, but to supersede such other
830	laws in the exercise of the powers provided in this chapter, and
831	to provide a complete method for the exercise of the powers
832	granted in this chapter. The refunding of any of the bonds of
833	Florida State Improvement Commission heretofore issued to
834	finance part of the cost of said Jacksonville Expressway System,
835	and the completion, extension, and improvement of said system,
836	and the issuance of bonds hereunder to finance all or part of
837	the cost thereof, may be accomplished upon compliance with the
838	provisions of this chapter without regard to or necessity for
839	compliance with the provisions, limitations, or restrictions
840	contained in any other general, special, or local law,
841	including, without limitation, s. 215.821, and no approval of
842	any bonds issued under this chapter by the qualified electors or
843	qualified electors who are freeholders in the state or in said
844	County of Duval, or in said City of Jacksonville, or in any
845	other political subdivision of the state, shall be required for
846	the issuance of such bonds pursuant to this chapter.
847	(2)  This chapter shall not be deemed to repeal, rescind,
848	or modify any other law or laws relating to said State Board of
849	Administration, said Department of Transportation, or said
850	Florida State Improvement Commission, but shall be deemed to and
851	shall supersede such other law or laws in the exercise of the
852	powers provided in this chapter insofar as such other law or
853	laws are inconsistent with the provisions of this chapter,
854	including, without limitation, s. 215.821.
855	Section 16.  Section 349.21, Florida Statutes, is amended
856	to read:
857	349.21  Powers conferred by s. 212.055(1).--Notwithstanding
858	any other provision of law, any transportation authority created
859	by this chapter shall have all the powers conferred by s.
860	212.055(1). The revenues provided by this section may shall be
861	used or pledged to pay principal and interest on bonds as set
862	forth in s. 212.055(1). In no event may local transportation
863	surtax moneys collected in Duval County be expended on
864	transportation facilities outside the boundaries of Duval County
865	for which tolls have been pledged. The powers provided by this
866	section shall expire when all such bonds in existence on the
867	effective date of this act have been retired.
868	Section 17.  Section 349.22, Florida Statutes, is created
869	to read:
870	349.22  Public-private transportation facilities.--
871	(1)  The authority may receive or solicit proposals and
872	enter into agreements with private entities or consortia thereof
873	for the building, operation, ownership, or financing of
874	highways, bridges, multimodal transportation systems, transit-
875	oriented development nodes, transit stations, or related
876	transportation facilities. Before approval, the authority must
877	determine that a proposed project:
878	(a)  Is in the public's best interest.
879	(b)  Would not require state funds to be used unless the
880	project is on or provides increased mobility on the State
881	Highway System.
882	(c)  Would have adequate safeguards to ensure that
883	additional costs or unreasonable service disruptions would not
884	be realized by the traveling public and citizens of the state in
885	the event of default or cancellation of the agreement by the
886	authority.
887	(2)  The authority shall ensure that all reasonable costs
888	to the state related to transportation facilities that are not
889	part of the State Highway System are borne by the private entity
890	that develops or operates the facilities. The authority shall
891	also ensure that all reasonable costs to the state and
892	substantially affected local governments and utilities related
893	to the private transportation facility are borne by the private
894	entity for transportation facilities that are owned by private
895	entities. For projects on the State Highway System or that
896	provide increased mobility on the State Highway System, the
897	department may use state resources to participate in funding and
898	financing the project as provided for under the department's
899	enabling legislation.
900	(3)  The authority may request proposals and receive
901	unsolicited proposals for public-private transportation projects
902	and, upon receipt of any unsolicited proposal or determination
903	to issue a request for proposals, must publish a notice in the
904	Florida Administrative Weekly and a newspaper of general
905	circulation in the county in which the proposed project is
906	located at least once a week for 2 weeks requesting proposals
907	or, if an unsolicited proposal was received, stating that it has
908	received the proposal and will accept, for 60 days after the
909	initial date of publication, other proposals for the same
910	project purpose. A copy of the notice must be mailed to each
911	local government in the affected areas. After the public
912	notification period has expired, the authority shall rank the
913	proposals in order of preference. In ranking the proposals, the
914	authority shall consider professional qualifications, general
915	business terms, innovative engineering or cost-reduction terms,
916	finance plans, and the need for state funds to deliver the
917	proposal. If the authority is not satisfied with the results of
918	the negotiations, it may, at its sole discretion, terminate
919	negotiations with the proposer. If these negotiations are
920	unsuccessful, the authority may go to the second and lower-
921	ranked firms, in order, using the same procedure. If only one
922	proposal is received, the authority may negotiate in good faith
923	and, if it is not satisfied with the results, may, at its sole
924	discretion, terminate negotiations with the proposer.
925	Notwithstanding this subsection, the authority may, at its
926	discretion, reject all proposals at any point in the process up
927	to completion of a contract with the proposer. Any person
928	submitting an unsolicited proposal shall submit with the
929	proposal the sum of $25,000 to the authority to be applied by
930	the authority to its costs of review and analysis of the
931	proposal, and such person shall remain liable for any additional
932	costs and expenses of the authority incurred for the review and
933	analysis.
934	(4)  Agreements entered into pursuant to this section may
935	authorize the authority or the private project owner, lessee, or
936	operator to impose, collect, and enforce tolls or fares for the
937	use of the transportation facility. However, the amount and use
938	of toll or fare revenues shall be regulated by the authority to
939	avoid unreasonable costs to users of the facility.
940	(5)  Each public-private transportation facility
941	constructed pursuant to this section shall comply with all
942	requirements of federal, state, and local laws; state, regional,
943	and local comprehensive plans; the authority's rules, policies,
944	procedures, and standards for transportation facilities; and any
945	other conditions that the authority determines to be in the
946	public's best interest.
947	(6)  The authority may exercise any of its powers,
948	including eminent domain, to facilitate the development and
949	construction of transportation projects pursuant to this
950	section. The authority may pay all or part of the cost of
951	operating and maintaining the facility or may provide services
952	to the private entity, for which services it shall receive full
953	or partial reimbursement.
954	(7)  Except as provided in this section, this section is
955	not intended to amend existing law by granting additional powers
956	to or imposing further restrictions on the governmental entities
957	with regard to regulating and entering into cooperative
958	arrangements with the private sector for the planning,
959	construction, and operation of transportation facilities.
960	Section 18.  Paragraph (b) of subsection (2) of section
961	20.23, Florida Statutes, is amended to read:
962	20.23  Department of Transportation.--There is created a
963	Department of Transportation which shall be a decentralized
964	agency.
965	(2)
966	(b)  The commission shall have the primary functions to:
967	1.  Recommend major transportation policies for the
968	Governor's approval, and assure that approved policies and any
969	revisions thereto are properly executed.
970	2.  Periodically review the status of the state
971	transportation system including highway, transit, rail, seaport,
972	intermodal development, and aviation components of the system
973	and recommend improvements therein to the Governor and the
974	Legislature.
975	3.  Perform an in-depth evaluation of the annual department
976	budget request, the Florida Transportation Plan, and the
977	tentative work program for compliance with all applicable laws
978	and established departmental policies. Except as specifically
979	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
980	not consider individual construction projects, but shall
981	consider methods of accomplishing the goals of the department in
982	the most effective, efficient, and businesslike manner.
983	4.  Monitor the financial status of the department on a
984	regular basis to assure that the department is managing revenue
985	and bond proceeds responsibly and in accordance with law and
986	established policy.
987	5.  Monitor on at least a quarterly basis, the efficiency,
988	productivity, and management of the department, using
989	performance and production standards developed by the commission
990	pursuant to s. 334.045.
991	6.  Perform an in-depth evaluation of the factors causing
992	disruption of project schedules in the adopted work program and
993	recommend to the Legislature and the Governor methods to
994	eliminate or reduce the disruptive effects of these factors.
995	7.  Recommend to the Governor and the Legislature
996	improvements to the department's organization in order to
997	streamline and optimize the efficiency of the department. In
998	reviewing the department's organization, the commission shall
999	determine if the current district organizational structure is
1000	responsive to Florida's changing economic and demographic
1001	development patterns. The initial report by the commission must
1002	be delivered to the Governor and Legislature by December 15,
1003	2000, and each year thereafter, as appropriate. The commission
1004	may retain such experts as are reasonably necessary to
1005	effectuate this subparagraph, and the department shall pay the
1006	expenses of such experts.
1007	8.  Monitor the efficiency, productivity, and management of
1008	the authorities created under chapters 343, and 348, and 349,
1009	including any authority formed using the provisions of part I of
1010	chapter 348. The commission shall also conduct periodic reviews
1011	of each authority's operations and budget, acquisition of
1012	property, management of revenue and bond proceeds, and
1013	compliance with applicable laws and generally accepted
1014	accounting principles.
1015	Section 19.  Subsection (1) of section 334.30, Florida
1016	Statutes, is amended to read:
1017	334.30  Public-private transportation facilities.--The
1018	Legislature finds and declares that there is a public need for
1019	the rapid construction of safe and efficient transportation
1020	facilities for the purpose of traveling within the state, and
1021	that it is in the public's interest to provide for the
1022	construction of additional safe, convenient, and economical
1023	transportation facilities.
1024	(1)  The department may receive or solicit proposals and,
1025	with legislative approval as evidenced by approval of the
1026	project in the department's work program, enter into agreements
1027	with private entities, or consortia thereof, for the building,
1028	operation, ownership, or financing of transportation facilities.
1029	The department may advance projects programmed in the adopted 5-
1030	year work program or projects increasing transportation capacity
1031	and greater than $500 million in the 10-year Strategic
1032	Intermodal Plan using funds provided by public-private
1033	partnerships or private entities to be reimbursed from
1034	department funds for the project as programmed in the adopted
1035	work program. The department shall by rule establish an
1036	application fee for the submission of unsolicited proposals
1037	under this section. The fee must be sufficient to pay the costs
1038	of evaluating the proposals. The department may engage the
1039	services of private consultants to assist in the evaluation.
1040	Before approval, the department must determine that the proposed
1041	project:
1042	(a)  Is in the public's best interest;
1043	(b)  Would not require state funds to be used unless the
1044	project is on the State Highway System;
1045	(c)  Would have adequate safeguards in place to ensure that
1046	no additional costs or service disruptions would be realized by
1047	the traveling public and residents of the state in the event of
1048	default or cancellation of the agreement by the department;
1049	(d)  Would have adequate safeguards in place to ensure that
1050	the department or the private entity has the opportunity to add
1051	capacity to the proposed project and other transportation
1052	facilities serving similar origins and destinations; and
1053	(e)  Would be owned by the department upon completion or
1054	termination of the agreement.
1055
1056	The department shall ensure that all reasonable costs to
1057	the state, related to transportation facilities that are not
1058	part of the State Highway System, are borne by the private
1059	entity. The department shall also ensure that all reasonable
1060	costs to the state and substantially affected local governments
1061	and utilities, related to the private transportation facility,
1062	are borne by the private entity for transportation facilities
1063	that are owned by private entities. For projects on the State
1064	Highway System, the department may use state resources to
1065	participate in funding and financing the project as provided for
1066	under the department's enabling legislation. Because the
1067	Legislature recognizes that private entities or consortia
1068	thereof would perform a governmental or public purpose or
1069	function when they enter into agreements with the department to
1070	design, build, operate, own, or finance transportation
1071	facilities, the transportation facilities, including leasehold
1072	interests thereof, are exempt from ad valorem taxes as provided
1073	in chapter 196 to the extent property is owned by the state or
1074	other government entity, and from intangible taxes as provided
1075	in chapter 199 and special assessments of the state, any city,
1076	town, county, special district, political subdivision of the
1077	state, or any other governmental entity. The private entities or
1078	consortia thereof are exempt from tax imposed by chapter 201 on
1079	all documents or obligations to pay money which arise out of the
1080	agreements to design, build, operate, own, lease, or finance
1081	transportation facilities. Any private entities or consortia
1082	thereof must pay any applicable corporate taxes as provided in
1083	chapters 220 and 221, and unemployment compensation taxes as
1084	provided in chapter 443, and sales and use tax as provided in
1085	chapter 212 shall be applicable. The private entities or
1086	consortia thereof must also register and collect the tax imposed
1087	by chapter 212 on all their direct sales and leases that are
1088	subject to tax under chapter 212. The agreement between the
1089	private entity or consortia thereof and the department
1090	establishing a transportation facility under this chapter
1091	constitute documentation sufficient to claim any exemption under
1092	this section.
1093	Section 20.  The Department of Transportation shall direct
1094	a study to be conducted and funded by the authority created in
1095	chapter 349, Florida Statutes, for the purpose of recommending
1096	to the Legislature the framework for a regional transportation
1097	authority for the northeast region of Florida, composed of the
1098	following counties and each of the municipalities located
1099	therein: Baker, Clay, Duval, Flagler, Nassau, Putnam, and St.
1100	Johns. The study shall include, at a minimum, the existing
1101	powers and duties of the authority, as well as the additional
1102	powers and duties necessary for the agency to plan, design,
1103	finance, construct, operate, and maintain transportation
1104	facilities providing a safe, adequate, and efficient surface
1105	transportation network for the region, consistent with the
1106	statewide transportation network. In addition, the study shall
1107	address agency revenue sources, governance, coordination of work
1108	plans, and coordination with local comprehensive plans for all
1109	transportation facilities of the agency. Recommendations shall
1110	be delivered to the President of the Senate and Speaker of the
1111	House of Representatives no later than February 1, 2010.
1112	Section 21.  This act shall take effect July 1, 2009.

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