Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. PCS (730310) for CS for SB 1132
Barcode 303472
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/25/2013 .
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The Committee on Appropriations (Gardiner) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 2980 - 3114
4 and insert:
5 provided in the bond resolution securing the bonds, and
6 expressly assumes all obligations relating to the bonds to
7 ensure that the transfer will have no adverse impact on the
8 security for the bonds. The transfer does not make the
9 obligation to pay the principal and interest on the bonds a
10 general liability of the Central Florida Expressway Authority or
11 pledge additional expressway system revenues to payment of the
12 bonds. Revenues that are generated by the expressway system and
13 other facilities of the Central Florida Expressway Authority
14 which were pledged by the Orlando-Orange County Expressway
15 Authority to payment of the bonds will remain subject to the
16 pledge for the benefit of the bondholders. The transfer does not
17 modify or eliminate any prior obligation of the department to
18 pay certain costs of the expressway system from sources other
19 than revenues of the expressway system.
20 (3)(2) The governing body of the authority shall consist of
21 11 five members. The chairs of the boards of the county
22 commissions of Seminole, Lake, and Osceola Counties shall each
23 appoint one member, who may be a commission member or chair. The
24 Governor shall appoint six citizen members. Of the Governor’s
25 appointments, two Three members must shall be citizens of Orange
26 County, one member each must be a citizen of Seminole, Lake, and
27 Osceola Counties, and one member may be a citizen of any of the
28 identified counties who shall be appointed by the Governor. The
29 10th fourth member must shall be, ex officio, the Mayor of chair
30 of the County Commissioners of Orange County. The 11th member
31 must be the Mayor of the City of Orlando. The executive director
32 of Florida Turnpike Enterprise shall serve as a nonvoting
33 advisor to the governing body of the authority, and the fifth
34 member shall be, ex officio, the district secretary of the
35 Department of Transportation serving in the district that
36 contains Orange County. The term of Each appointed member
37 appointed by the Governor shall serve be for 4 years. Each
38 county-appointed member shall serve for 2 years. Standing board
39 members shall complete their terms. Each appointed member shall
40 hold office until his or her successor has been appointed and
41 has qualified. A vacancy occurring during a term must shall be
42 filled only for the balance of the unexpired term. Each
43 appointed member of the authority shall be a person of
44 outstanding reputation for integrity, responsibility, and
45 business ability, but, except as provided in this subsection, a
46 no person who is an officer or employee of a municipality or any
47 city or of Orange county may not in any other capacity shall be
48 an appointed member of the authority. Any member of the
49 authority is shall be eligible for reappointment.
50 (4)(3)(a) The authority shall elect one of its members as
51 chair of the authority. The authority shall also elect one of
52 its members as vice chair, one of its members as a secretary,
53 and one of its members as a treasurer who may or may not be
54 members of the authority. The chair, vice chair, secretary, and
55 treasurer shall hold such offices at the will of the authority.
56 Six Three members of the authority shall constitute a quorum,
57 and the vote of six three members is shall be necessary for any
58 action taken by the authority. A No vacancy in the authority
59 does not shall impair the right of a quorum of the authority to
60 exercise all of the rights and perform all of the duties of the
61 authority.
62 (b) Upon the effective date of his or her appointment, or
63 as soon thereafter as practicable, each appointed member of the
64 authority shall enter upon his or her duties.
65 (5)(4)(a) The authority may employ an executive secretary,
66 an executive director, its own counsel and legal staff,
67 technical experts, and the such engineers, and such employees
68 that, permanent or temporary, as it requires. The authority may
69 require and may determine the qualifications and fix the
70 compensation of such persons, firms, or corporations, and may
71 employ a fiscal agent or agents;, provided, however, that the
72 authority shall solicit sealed proposals from at least three
73 persons, firms, or corporations for the performance of any
74 services as fiscal agents. The authority may delegate to one or
75 more of its agents or employees the such of its power as it
76 deems shall deem necessary to carry out the purposes of this
77 part, subject always to the supervision and control of the
78 authority. Members of the authority may be removed from their
79 office by the Governor for misconduct, malfeasance, misfeasance,
80 or nonfeasance in office.
81 (b) Members of the authority are shall be entitled to
82 receive from the authority their travel and other necessary
83 expenses incurred in connection with the business of the
84 authority as provided in s. 112.061, but may not they shall draw
85 no salaries or other compensation.
86 Section 60. Section 348.754, Florida Statutes, is amended
87 to read:
88 348.754 Purposes and powers.—
89 (1)(a) The authority created and established under by the
90 provisions of this part is hereby granted and has shall have the
91 right to acquire, hold, construct, improve, maintain, operate,
92 own, and lease in the capacity of lessor, the Central Florida
93 Orlando-Orange County Expressway System, hereinafter referred to
94 as “system.” Except as otherwise specifically provided by law,
95 including paragraph (2)(n), the area served by the authority
96 shall be within the geographical boundaries of Orange, Seminole,
97 Lake, and Osceola Counties.
98 (b) It is the express intention of this part that said
99 authority, In the construction of the Central Florida said
100 Orlando-Orange County Expressway System, the authority may shall
101 be authorized to construct any extensions, additions, or
102 improvements to the said system or appurtenant facilities,
103 including all necessary approaches, roads, bridges, and avenues
104 of access, rapid transit, trams, fixed guideways, thoroughfares,
105 and boulevards with any such changes, modifications, or
106 revisions of the said project which are as shall be deemed
107 desirable and proper.
108 (c) Notwithstanding any other provision of this part to the
109 contrary, to ensure the continued financial feasibility of the
110 portion of the Wekiva Parkway to be constructed by the
111 department, the authority may not, without the prior consent of
112 the secretary of the department, construct an extension,
113 addition, or improvement to the expressway system in Lake
114 County.
115 (2) The authority is hereby granted, and shall have and may
116 exercise all powers necessary, appurtenant, convenient, or
117 incidental to the implementation carrying out of the stated
118 aforesaid purposes, including, but not without being limited to,
119 the following rights and powers:
120 (a) To sue and be sued, implead and be impleaded, complain
121 and defend in all courts.
122 (b) To adopt, use, and alter at will a corporate seal.
123 (c) To acquire by donation or otherwise, purchase, hold,
124 lease as lessee, and use any franchise or any, property, real,
125 personal, or mixed, or tangible or intangible, or any options
126 thereof in its own name or in conjunction with others, or
127 interest in those options therein, necessary or desirable to
128 carry for carrying out the purposes of the authority, and to
129 sell, lease as lessor, transfer, and dispose of any property or
130 interest in the property therein at any time acquired by it.
131 (d) To enter into and make leases for terms not exceeding
132 99 40 years, as either lessee or lessor, in order to carry out
133 the right to lease as specified set forth in this part.
134 (e) To enter into and make lease-purchase agreements with
135 the department for terms not exceeding 40 years, or until any
136 bonds secured by a pledge of rentals pursuant to the agreement
137 thereunder, and any refundings pursuant to the agreement
138 thereof, are fully paid as to both principal and interest,
139 whichever is longer. The authority is a party to a lease-
140
141 ================= T I T L E A M E N D M E N T ================
142 And the title is amended as follows:
143 Delete line 326
144 and insert:
145 years, the term of a lease