Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 1363, 1st Eng. Barcode 499042 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/05/2011 04:55 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senators Gardiner, Hays, and Simmons moved the following: 1 Senate Amendment to Amendment (302038) (with title 2 amendment) 3 4 Between lines 1700 and 1701 5 insert: 6 Section 32. Section 348.766, Florida Statutes, is created 7 to read: 8 348.766 Wekiva Parkway.— 9 (1) The Florida Turnpike Enterprise shall construct, 10 operate, and maintain the Wekiva Parkway, as defined in s. 11 369.317(1). The authority shall provide the Department of 12 Transportation with complete copies of all documents, 13 agreements, resolutions, contracts and instruments relating to 14 the Wekiva Parkway and the department shall perform all 15 construction work, including the planning, surveying, and actual 16 construction of the Wekiva Parkway. 17 (2)(a) Notwithstanding any other provision of law to the 18 contrary and effective July 1, 2011, through June 30, 2046, the 19 authority shall annually transfer to the credit of an account of 20 the department in the State Treasury $50 million from toll 21 revenues of the Orlando-Orange County Expressway System, or 22 other funds available to the authority, after payment of the 23 debt service on all bonds issued by the authority pursuant to 24 this part on or before July 1, 2011, and such other costs as are 25 required to be paid under the terms of the bond resolutions 26 under which the bonds were issued. 27 (b) Notwithstanding any other provision of law to the 28 contrary, on and after July 1, 2011, the authority shall not 29 issue any bonds or other indebtedness secured by a pledge of any 30 authority revenues that is senior to, or on a parity with, the 31 authority’s obligation to make the $50 million annual payments 32 required under this subsection, except that the authority may 33 issue bonds secured by a senior pledge for the purpose of 34 refunding any authority bonds issued and outstanding as of July 35 1, 2011. Refunding bonds authorized by this subsection may not 36 be issued with a final maturity later than the final maturity of 37 the bonds refunded, or which provide for higher debt service in 38 any year than is currently paid on such bonds. 39 (3) Notwithstanding any other provision of law to the 40 contrary, on and after July 1, 2011, the authority may not issue 41 any bonds or other indebtedness that provide any rights against 42 the department that may be enforced by the holders of such bonds 43 or debt, and the authority must advise the purchasers of any 44 authority bonds issued pursuant to this part, or any other 45 authority debt, that by their purchase and acceptance of such 46 bonds or debt, are deemed to have expressly and irrevocably 47 consented, in writing, to the amendment of the lease-purchase 48 agreement between the authority and the department to, 49 including, but not limited to, discontinue the obligations of 50 the department to pay any expenses of the operation or 51 maintenance of the Orlando-Orange County Expressway System. Upon 52 the defeasance or payment of all authority bonds issued before 53 July 1, 2011, the obligations of the department under any lease 54 purchase agreement with the authority, including any obligation 55 to pay any cost of operation or maintenance of the Orlando 56 Orange County Expressway System, shall terminate. 57 (4) Revenues of the Wekiva Parkway shall be applied by the 58 Florida Turnpike Enterprise in accordance with the terms of any 59 revenue bonds issued by the Division of Bond Finance on behalf 60 of the department to fund construction of the Wekiva Parkway. 61 Revenues in excess of amounts required to be paid under the 62 terms of such bonds shall be transferred to the department in an 63 amount or amounts sufficient to fully reimburse the department 64 for any portion of each $50 million annual payment required 65 under the terms of subsection (2) which is not timely paid to 66 the department by the authority, together with interest thereon 67 at the rate provided by law, and all amounts advanced or paid by 68 the department to operate or maintain any portion of the 69 Orlando-Orange County Expressway System. 70 (5) After payment of all amounts required under subsection 71 (4), excess revenues of the Wekiva Parkway shall be shared 72 equally between the Florida Turnpike Enterprise and the 73 authority. 74 (6) The department shall amend its work program as provided 75 in s. 339.135, to include construction of the Wekiva Parkway 76 project in the work program beginning in the 2012-2013 fiscal 77 year. The Florida Turnpike Enterprise’s obligation to construct 78 the Wekiva Parkway is contingent upon the timely payment by the 79 authority of the $50 million annual payments required under 80 subsection (2) and receipt of all required environmental permits 81 and Federal Government approvals. 82 (7) If the department has not begun construction on the 83 Wekiva Parkway by June 30, 2013, the provisions of subsections 84 (1) through (6) shall not apply, and the responsibility for 85 construction, operation, maintenance, and any moneys received 86 from the authority under this section must be returned to the 87 authority. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete line 3777 92 and insert: 93 transportation authorities; creating s. 348.766, F.S.; 94 requiring the Florida Turnpike Enterprise to 95 construct, operate and maintain the Wekiva Parkway; 96 requiring the Orlando-Orange County Expressway 97 Authority to provide certain information to the 98 Department of Transportation; requiring transfer of 99 funds to the department by dates certain; providing 100 for the payment of certain bonds; providing conditions 101 on the authority when issuing certain bonds or other 102 indebtedness; providing for the application of certain 103 revenues; providing for the sharing of excess 104 revenues; requiring the department to amend its work 105 program to include construction of the Wekiva Parkway 106 project; providing provisions if construction on the 107 Wekiva Parkway does not begin by a specified date; 108 amending s. 349.03, F.S.;