CS for CS for SB 1024 First Engrossed
20151024e1
1 A bill to be entitled
2 An act relating to the Central Florida Expressway
3 Authority; amending s. 348.753, F.S.; requiring the
4 chairs of the boards of specified county commissions
5 each to appoint one member from their respective
6 counties who is a commission member or chair or a
7 county mayor to serve on the governing body of the
8 authority; requiring Senate confirmation of members
9 appointed by the Governor; providing that the Senate’s
10 refusal or failure to confirm a Governor-appointed
11 member creates a vacancy; specifying that the terms of
12 members appointed by the Governor end on a specified
13 date; removing the requirement that the authority
14 elect one of its members as secretary; amending s.
15 348.754, F.S.; specifying that the Central Florida
16 Expressway Authority is a party to a certain lease
17 purchase agreement between the department and the
18 Orlando-Orange County Expressway Authority; amending
19 s. 348.757, F.S.; removing the requirement that title
20 in fee simple absolute to the former Orlando-Orange
21 County Expressway System be transferred to the state
22 upon the completion of the faithful performance and
23 termination of a specified lease-purchase agreement;
24 revising the title of part III of ch. 348, F.S.;
25 providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (3) and paragraph (a) of subsection
30 (4) of section 348.753, Florida Statutes, are amended to read:
31 348.753 Central Florida Expressway Authority.—
32 (3) The governing body of the authority shall consist of
33 nine members. The chairs of the boards of the county commissions
34 of Seminole, Lake, and Osceola Counties shall each appoint one
35 member from their respective counties, who must may be a
36 commission member or chair or a county mayor. The Mayor of
37 Orange County shall appoint a member from the Orange County
38 Commission. Subject to confirmation by the Senate during the
39 next regular session of the Legislature, the Governor shall
40 appoint three citizen members, each of whom must be a resident
41 citizen of either Orange County, Seminole County, Lake County,
42 or Osceola County. Refusal or failure of the Senate to confirm
43 an appointment shall create a vacancy. The eighth member must be
44 the Mayor of Orange County and. The ninth member must be the
45 Mayor of the City of Orlando shall also serve as members. The
46 executive director of the Florida Turnpike Enterprise shall
47 serve as a nonvoting advisor to the governing body of the
48 authority. Each member appointed by the Governor shall serve for
49 4 years, with his or her term ending on December 31 of his or
50 her last year of service. Each county-appointed member shall
51 serve for 2 years. The terms of standing board members expire
52 June 20, 2014. Each appointed member shall hold office until his
53 or her successor has been appointed and has qualified. A vacancy
54 occurring during a term must be filled only for the balance of
55 the unexpired term. Each appointed member of the authority must
56 shall be a person of outstanding reputation for integrity,
57 responsibility, and business ability, but, except as provided in
58 this subsection, a person who is an officer or employee of a
59 municipality or county may not be an appointed member of the
60 authority. Any member of the authority is eligible for
61 reappointment.
62 (4)(a) The authority shall elect one of its members as
63 chair of the authority. The authority shall also elect one of
64 its members as vice chair, one of its members as secretary, and
65 one of its members as treasurer. The chair, vice chair,
66 secretary, and treasurer shall hold such offices at the will of
67 the authority. Five members of the authority constitute a
68 quorum, and the vote of five members is necessary for any action
69 taken by the authority. A vacancy in the authority does not
70 impair the right of a quorum of the authority to exercise all of
71 the rights and perform all of the duties of the authority.
72 Section 2. Paragraph (e) of subsection (2) of section
73 348.754, Florida Statutes, is amended to read:
74 348.754 Purposes and powers.—
75 (2) The authority may exercise all powers necessary,
76 appurtenant, convenient, or incidental to the implementation of
77 the stated purposes, including, but not limited to, the
78 following rights and powers:
79 (e) To enter into and make lease-purchase agreements with
80 the department for terms not exceeding 99 years, or until any
81 bonds secured by a pledge of rentals pursuant to the agreement,
82 and any refundings pursuant to the agreement, are fully paid as
83 to both principal and interest, whichever is longer. The
84 authority is a party to a lease-purchase agreement between the
85 department and the Orlando-Orange County Expressway Authority
86 dated December 23, 1985, as supplemented by a first supplement
87 to the lease-purchase agreement dated November 25, 1986, and a
88 second supplement to the lease-purchase agreement dated October
89 27, 1988. The authority may not enter into other lease-purchase
90 agreements with the department and may not amend the existing
91 agreement in a manner that expands or increases the department’s
92 obligations unless the department determines that the agreement
93 or amendment is necessary to permit the refunding of bonds
94 issued before July 1, 2013.
95 Section 3. Subsection (2) of section 348.757, Florida
96 Statutes, is amended to read:
97 348.757 Lease-purchase agreement.—
98 (2) The lease-purchase agreement must provide for the
99 leasing of the former Orlando-Orange County Expressway System,
100 by the authority, as lessor, to the department, as lessee, and
101 must prescribe the term of such lease and the rentals to be
102 paid, and must provide that upon the completion of the faithful
103 performance and the termination of the lease-purchase agreement,
104 title in fee simple absolute to the former Orlando-Orange County
105 Expressway System as then constituted shall be transferred in
106 accordance with law by the authority, to the state and the
107 authority shall deliver to the department such deeds and
108 conveyances as shall be necessary or convenient to vest title in
109 fee simple absolute in the state.
110 Section 4. Part III of chapter 348, Florida Statutes,
111 consisting of ss. 348.751-348.765, is retitled “Central Florida
112 Expressway Authority.”
113 Section 5. This act shall take effect July 1, 2015.