Florida Senate - 2017                      CS for CS for SB 1672
       
       
        
       By the Committees on Community Affairs; and Transportation; and
       Senators Latvala, Galvano, and Rouson
       
       
       
       
       578-03977-17                                          20171672c2
    1                        A bill to be entitled                      
    2         An act relating to the Tampa Bay Area Regional Transit
    3         Authority; amending s. 339.175, F.S.; creating the
    4         Tampa Bay Area Regional Transit Authority Metropolitan
    5         Planning Organization Chairs Coordinating Committee to
    6         replace the Tampa Bay Area Regional Transportation
    7         Authority Metropolitan Planning Organization Chairs
    8         Coordinating Committee; providing that the Tampa Bay
    9         Area Regional Transit Authority Metropolitan Planning
   10         Organization Chairs Coordinating Committee is created
   11         within the Tampa Bay Area Regional Transit Authority;
   12         amending s. 343.90, F.S.; revising the short title to
   13         “Tampa Bay Area Regional Transit Authority Act”;
   14         amending s. 343.91, F.S.; revising the definition of
   15         the term “authority” to mean the Tampa Bay Area
   16         Regional Transit Authority and to include only
   17         Hernando, Hillsborough, Manatee, Pasco, and Pinellas
   18         Counties and any other contiguous county that is party
   19         to an agreement of participation; revising the
   20         definition of the term “commuter rail”; amending s.
   21         343.92, F.S.; creating the Tampa Bay Area Regional
   22         Transit Authority to replace the Tampa Bay Area
   23         Regional Transportation Authority; decreasing voting
   24         membership on the governing board of the authority;
   25         requiring the members to be appointed within a
   26         specified period; revising appointment and term
   27         requirements of such membership; revising requirements
   28         for filling vacancies on the board; requiring the
   29         Governor to appoint an initial chair of the board from
   30         one of the four members appointed by the Governor;
   31         providing that seven members of the board constitute a
   32         quorum; providing that the vote of seven members is
   33         necessary for any action to be taken by the authority;
   34         requiring the board to evaluate the abolishment,
   35         continuance, modification, or establishment of
   36         specified committees, beginning on a specified date;
   37         requiring the board to submit its recommendations for
   38         abolishment, continuance, modification, or
   39         establishment of the committees to the Legislature
   40         before a specified time; deleting requirements related
   41         to the establishment of a Transit Management
   42         Committee, a Citizens Advisory Committee, and
   43         technical advisory committees; conforming provisions
   44         to changes made by the act; amending s. 343.922, F.S.;
   45         revising the express purposes of the authority to
   46         include planning, implementing, and operating mobility
   47         improvements and expansions of certain multimodal
   48         transportation options, producing a certain regional
   49         transit development plan, and serving as the recipient
   50         of certain federal funds under certain circumstances;
   51         directing the authority to provide to the Legislature
   52         a plan to produce the regional transit development
   53         plan by a specified date; providing requirements for
   54         the regional transit development plan; requiring the
   55         authority to develop and adopt a regional transit
   56         development plan, rather than a transportation master
   57         plan; deleting obsolete provisions; conforming
   58         provisions to changes made by the act; providing that
   59         an action by the authority regarding the funding of
   60         commuter rail, heavy rail transit, or light rail
   61         transit, or any combination thereof, requires approval
   62         by a majority vote of each M.P.O. serving the county
   63         or counties where such rail transit investment will be
   64         made, and the approval of the Legislature by an act of
   65         general law; prohibiting the authority from engaging
   66         in certain advocacy that seeks to approve the funding
   67         of commuter rail, heavy rail transit, or light rail
   68         transit, or any combination thereof; requiring the
   69         authority to conduct a feasibility study, through an
   70         independent third party, for any project of commuter
   71         rail, heavy rail transit, or light rail transit, or
   72         any combination thereof, before proceeding with the
   73         development of the project and before any related
   74         contracts are issued; requiring the feasibility study
   75         to be submitted to the Governor, the Legislature, and
   76         the board of county commissioners of specified
   77         counties; amending ss. 343.94, 343.947, 343.95,
   78         343.975, and 343.976, F.S.; conforming provisions to
   79         changes made by the act; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Paragraph (i) of subsection (6) of section
   84  339.175, Florida Statutes, is amended to read:
   85         339.175 Metropolitan planning organization.—
   86         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
   87  privileges, and authority of an M.P.O. are those specified in
   88  this section or incorporated in an interlocal agreement
   89  authorized under s. 163.01. Each M.P.O. shall perform all acts
   90  required by federal or state laws or rules, now and subsequently
   91  applicable, which are necessary to qualify for federal aid. It
   92  is the intent of this section that each M.P.O. shall be involved
   93  in the planning and programming of transportation facilities,
   94  including, but not limited to, airports, intercity and high
   95  speed rail lines, seaports, and intermodal facilities, to the
   96  extent permitted by state or federal law.
   97         (i) The Tampa Bay Area Regional Transit Transportation
   98  Authority Metropolitan Planning Organization Chairs Coordinating
   99  Committee is created within the Tampa Bay Area Regional Transit
  100  Transportation Authority, composed of the M.P.O.’s serving
  101  Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk,
  102  and Sarasota Counties. The authority shall provide
  103  administrative support and direction to the committee. The
  104  committee must, at a minimum:
  105         1. Coordinate transportation projects deemed to be
  106  regionally significant by the committee.
  107         2. Review the impact of regionally significant land use
  108  decisions on the region.
  109         3. Review all proposed regionally significant
  110  transportation projects in the respective transportation
  111  improvement programs which affect more than one of the M.P.O.’s
  112  represented on the committee.
  113         4. Institute a conflict resolution process to address any
  114  conflict that may arise in the planning and programming of such
  115  regionally significant projects.
  116         Section 2. Section 343.90, Florida Statutes, is amended to
  117  read:
  118         343.90 Short title.—This part may be cited as the “Tampa
  119  Bay Area Regional Transit Transportation Authority Act.”
  120         Section 3. Paragraphs (a) and (e) of subsection (1) of
  121  section 343.91, Florida Statutes, are amended to read:
  122         343.91 Definitions.—
  123         (1) As used in this part, the term:
  124         (a) “Authority” means the Tampa Bay Area Regional Transit
  125  Transportation Authority, the body politic and corporate and
  126  agency of the state created by this part, covering the seven
  127  county area comprised of Citrus, Hernando, Hillsborough,
  128  Manatee, Pasco, and Pinellas, Manatee, and Sarasota Counties and
  129  any other contiguous county that is party to an agreement of
  130  participation.
  131         (e)1. “Commuter rail” means a complete system of tracks,
  132  guideways, stations, and rolling stock necessary to effectuate
  133  medium-distance to long-distance passenger rail service to,
  134  from, or within the municipalities within the authority’s
  135  designated seven-county region.
  136         2. “Heavy rail transit” means a complete rail system
  137  operating on an electric railway with the capacity for a heavy
  138  volume of traffic, characterized by high-speed and rapid
  139  acceleration passenger rail cars operating singly or in multicar
  140  trains on fixed rails in separate rights-of-way from which all
  141  other vehicular and pedestrian traffic are excluded. “Heavy rail
  142  transit” includes metro, subway, elevated, rapid transit, and
  143  rapid rail systems.
  144         3. “Light rail transit” means a complete system of tracks,
  145  overhead catenaries, stations, and platforms with lightweight
  146  passenger rail cars operating singly or in short, multicar
  147  trains on fixed rails in rights-of-way that are not separated
  148  from other traffic for much of the way.
  149         Section 4. Section 343.92, Florida Statutes, is amended to
  150  read:
  151         343.92 Tampa Bay Area Regional Transit Transportation
  152  Authority.—
  153         (1) There is created and established a body politic and
  154  corporate, an agency of the state, to be known as the Tampa Bay
  155  Area Regional Transit Transportation Authority.
  156         (2) The governing board of the authority shall consist of
  157  13 15 voting members appointed no later than 45 days after the
  158  creation of the authority.
  159         (a) The secretary of the department shall appoint two
  160  advisors to the board who must be the district secretary for
  161  each of the department districts within the designated seven
  162  county area of the authority.
  163         (b) The 13 15 voting members of the board shall be as
  164  follows:
  165         1. The county commissions of Citrus, Hernando,
  166  Hillsborough, Manatee, Pasco, and Pinellas, Manatee, and
  167  Sarasota Counties shall each appoint one county commissioner
  168  elected official to the board. Members appointed under this
  169  subparagraph shall serve 2-year terms with not more than three
  170  consecutive terms being served by any person. If a member under
  171  this subparagraph leaves elected office, a vacancy exists on the
  172  board to be filled as provided in this subparagraph within 90
  173  days subparagraph.
  174         2. The Tampa Bay Area Regional Transportation Authority
  175  (TBARTA) Metropolitan Planning Organization Chairs Coordinating
  176  Committee shall appoint one member to the board who must be a
  177  chair of one of the six metropolitan planning organizations in
  178  the region. The member appointed under this subparagraph shall
  179  serve a 2-year term with not more than three consecutive terms
  180  being served by any person.
  181         2.3.a. Two members of the board shall be the mayor, or the
  182  mayor’s designee, of the largest municipality within the service
  183  area of each of the following independent transit agencies or
  184  their legislatively created successor agencies: Pinellas
  185  Suncoast Transit Authority and Hillsborough Area Regional
  186  Transit Authority. The largest municipality is that municipality
  187  with the largest population as determined by the most recent
  188  United States Decennial Census.
  189         b. Should a mayor choose not to serve, his or her designee
  190  must be an elected official selected by the mayor from that
  191  largest municipality’s city council or city commission. A mayor
  192  or his or her designee shall serve a 2-year term with not more
  193  than three consecutive terms being served by any person.
  194         c. A designee’s term ends if the mayor leaves office for
  195  any reason. If a designee leaves elected office on the city
  196  council or commission, a vacancy exists on the board to be
  197  filled by the mayor of that municipality as provided in sub
  198  subparagraph a.
  199         3. The following independent transit agencies or their
  200  legislatively created successor agencies shall each appoint from
  201  the membership of their governing bodies one member to the
  202  board: Pinellas Suncoast Transit Authority and Hillsborough Area
  203  Regional Transit Authority. Each member appointed under this
  204  subparagraph shall serve a 2-year term with not more than three
  205  consecutive terms being served by any person. If a member no
  206  longer meets the transit authority’s criteria for appointment, a
  207  vacancy exists on the board, which must be filled as provided in
  208  this subparagraph within 90 days.
  209         d. A mayor who has served three consecutive terms on the
  210  board must designate an elected official from that largest
  211  municipality’s city council or city commission to serve on the
  212  board for at least one term.
  213         4.a. One membership on the board shall rotate every 2 years
  214  between the mayor, or his or her designee, of the largest
  215  municipality within Manatee County and the mayor, or his or her
  216  designee, of the largest municipality within Sarasota County.
  217  The mayor, or his or her designee, from the largest municipality
  218  within Manatee County shall serve the first 2-year term. The
  219  largest municipality is that municipality with the largest
  220  population as determined by the most recent United States
  221  Decennial Census.
  222         b. Should a mayor choose not to serve, his or her designee
  223  must be an elected official selected by the mayor from that
  224  municipality’s city council or city commission.
  225         4.5. The Governor shall appoint to the board four members
  226  from the regional four business community representatives, each
  227  of whom must reside in one of the seven counties governed by the
  228  authority and, none of whom may not be an elected official
  229  officials, and at least one but not more than two of whom shall
  230  represent counties within the federally designated Tampa Bay
  231  Transportation Management Area. Of the members initially
  232  appointed under this subparagraph, one shall serve a 1-year
  233  term, two shall serve 2-year terms, and one shall serve a term
  234  as the initial chair as provided in subsection (5). Thereafter,
  235  a member Members appointed under this subparagraph by the
  236  Governor shall serve a 2-year term 3-year terms with not more
  237  than three two consecutive terms being served by any person.
  238         (c) Appointments may be staggered to avoid mass turnover at
  239  the end of any 2-year or 4-year period. A vacancy during a term
  240  shall be filled by the respective appointing authority within 90
  241  days in the same manner as the original appointment and only for
  242  the remainder of the unexpired term.
  243         (3) The members of the board shall serve without
  244  compensation but shall be entitled to receive from the authority
  245  reimbursement for travel expenses and per diem actually incurred
  246  in connection with the business of the authority as provided in
  247  s. 112.061.
  248         (4) Members of the board shall comply with the applicable
  249  financial disclosure requirements of ss. 112.3145, 112.3148, and
  250  112.3149.
  251         (5) The Governor shall appoint one of the four members
  252  appointed under subparagraph (2)(b)4. as the initial chair from
  253  among the full membership of the board immediately upon their
  254  appointment. In no case may those appointments be made any later
  255  than 45 days following the creation of the authority. The
  256  initial chair shall serve will hold this position for a minimum
  257  term of 2 years. The board shall elect a vice chair and
  258  secretary-treasurer from among its members who shall serve a
  259  minimum term of 1 year and shall establish the duties and powers
  260  of those positions during its inaugural meeting. During its
  261  inaugural meeting, the board shall will also establish its rules
  262  of conduct and meeting procedures.
  263         (6) At the end of the initial chair’s term, the board shall
  264  elect a chair from among the its members. The chair shall hold
  265  office at the will of the board. In that election, the board
  266  shall also elect a vice chair and secretary-treasurer.
  267         (7) The first meeting of the authority shall be held no
  268  later than 60 days after the creation of the authority.
  269         (8) Seven Eight members of the board shall constitute a
  270  quorum, and the vote of seven eight members is necessary for any
  271  action to be taken by the authority. The authority may meet upon
  272  the constitution of a quorum. A vacancy does not impair the
  273  right of a quorum of the board to exercise all rights and the
  274  ability to perform all duties of the authority.
  275         (9) Beginning July 1, 2017, the board must evaluate the
  276  abolishment, continuance, modification, or establishment of may
  277  establish committees for the following committees areas:
  278         (a) Planning committee.
  279         (b) Policy committee.
  280         (c) Finance committee.
  281         (d) Citizens advisory committee.
  282         (e) Tampa Bay Area Regional Transit Authority Metropolitan
  283  Planning Organization Chairs Coordinating Committee.
  284         (f) Transit management committee.
  285         (g) Technical advisory committee.
  286  
  287  The board must submit its recommendations for abolishment,
  288  continuance, modification, or establishment of the committees to
  289  the President of the Senate and the Speaker of the House of
  290  Representatives before the beginning of the 2018 Regular
  291  Session.
  292         (10) The authority may employ an executive director, an
  293  executive secretary, its own legal counsel and legal staff,
  294  technical experts, engineers, and such employees, permanent or
  295  temporary, as it may require. The authority shall determine the
  296  qualifications and fix the compensation of such persons, firms,
  297  or corporations and may employ a fiscal agent or agents;
  298  however, the authority shall solicit sealed proposals from at
  299  least three persons, firms, or corporations for the performance
  300  of any services as fiscal agents. The authority may, except for
  301  duties specified in chapter 120, delegate its power to one or
  302  more of its agents or employees to carry out the purposes of
  303  this part, subject always to the supervision and control of the
  304  authority.
  305         (11)(a) The authority shall establish a Transit Management
  306  Committee comprised of the executive directors or general
  307  managers, or their designees, of each of the existing transit
  308  providers and bay area commuter services.
  309         (b) The authority shall establish a Citizens Advisory
  310  Committee comprised of appointed citizen committee members from
  311  each county and transit provider in the region, not to exceed 16
  312  members.
  313         (c) The authority may establish technical advisory
  314  committees to provide guidance and advice on regional
  315  transportation issues. The authority shall establish the size,
  316  composition, and focus of any technical advisory committee
  317  created.
  318         (11)(d) Persons appointed to a committee shall serve
  319  without compensation but may be entitled to per diem or travel
  320  expenses as provided in s. 112.061.
  321         Section 5. Subsection (1), paragraph (a) of subsection (2),
  322  subsection (3), subsection (4), and paragraph (g) of subsection
  323  (5) of section 343.922, Florida Statutes, are amended, and
  324  subsections (9) and (10) are added to that section, to read:
  325         343.922 Powers and duties.—
  326         (1) The express purposes of the authority are to:
  327         (a)Plan, implement, and operate improve mobility
  328  improvements and expansions of expand multimodal transportation
  329  options for passengers and freight throughout the designated
  330  seven-county Tampa Bay region.
  331         (b) Produce a regional transit development plan,
  332  integrating the transit development plans of participant
  333  counties, to include a prioritization of regionally significant
  334  transit projects and facilities.
  335         1. The authority shall provide to the President of the
  336  Senate and the Speaker of the House of Representatives, on or
  337  before the beginning of the 2018 Regular Session, a plan to
  338  produce the regional transit development plan.
  339         2. The regional transit development plan prepared by the
  340  authority must adhere to guidance and regulations set forth by
  341  the department or any successor agency, including, but not
  342  limited to:
  343         a. Public involvement;
  344         b. Collection and analysis of socioeconomic data;
  345         c. Performance evaluation of existing services;
  346         d. Service design and ridership forecasting; and
  347         e. Financial planning.
  348         (c) Serve, with the consent of the Governor or his or her
  349  designee, as the recipient of federal funds supporting an
  350  intercounty project or a regionally significant transit project
  351  that exists in a single county within the designated region.
  352         (2)(a) The authority has the right to plan, develop,
  353  finance, construct, own, purchase, operate, maintain, relocate,
  354  equip, repair, and manage those public transportation projects,
  355  such as express bus services; bus rapid transit services; light
  356  rail, commuter rail, heavy rail, or other transit services;
  357  ferry services; transit stations; park-and-ride lots; transit
  358  oriented development nodes; or feeder roads, reliever roads,
  359  connector roads, bypasses, or appurtenant facilities, that are
  360  intended to address critical transportation needs or concerns in
  361  the Tampa Bay region as identified by the authority by July 1,
  362  2009. These projects may also include all necessary approaches,
  363  roads, bridges, and avenues of access that are desirable and
  364  proper with the concurrence of the department, as applicable, if
  365  the project is to be part of the State Highway System.
  366         (3)(a) No later than July 1, 2009, The authority shall
  367  develop and adopt a regional transit development transportation
  368  master plan that provides a vision for a regionally integrated
  369  multimodal transportation system. The goals and objectives of
  370  the master plan are to identify areas of the Tampa Bay region
  371  where multimodal mobility, traffic safety, freight mobility, and
  372  efficient emergency evacuation alternatives need to be improved;
  373  identify areas of the region where multimodal transportation
  374  systems would be most beneficial to enhance mobility and
  375  economic development; develop methods of building partnerships
  376  with local governments, existing transit providers, expressway
  377  authorities, seaports, airports, and other local, state, and
  378  federal entities; develop methods of building partnerships with
  379  CSX Corporation and CSX Transportation, Inc., to craft mutually
  380  beneficial solutions to achieve the authority’s objectives, and
  381  with other private sector business community entities that may
  382  further the authority’s mission, and engage the public in
  383  support of regional multimodal transportation improvements. The
  384  master plan shall identify and may prioritize projects that will
  385  accomplish these goals and objectives, including, without
  386  limitation, the creation of express bus and bus rapid transit
  387  services, light rail, commuter rail, and heavy rail transit
  388  services, ferry services, freight services, and any other
  389  multimodal transportation system projects that address critical
  390  transportation needs or concerns, pursuant to subsection (2);
  391  and identify the costs of the proposed projects and revenue
  392  sources that could be used to pay those costs. In developing the
  393  master plan, the authority shall review and coordinate with the
  394  future land use, capital improvements, and traffic circulation
  395  elements of its member local governments’ comprehensive plans
  396  and the plans, programs, and schedules of other units of
  397  government having transit or transportation authority within
  398  whose jurisdictions the projects or improvements will be located
  399  to define and resolve potential inconsistencies between such
  400  plans and the authority’s developing master plan. By July 1,
  401  2008, the authority, working with its member local governments,
  402  shall adopt a mandatory conflict resolution process that
  403  addresses consistency conflicts between the authority’s regional
  404  transportation master plan and local government comprehensive
  405  plans.
  406         (b) The authority shall consult with the department to
  407  further the goals and objectives of the Strategic Regional
  408  Transit Needs Assessment completed by the department.
  409         (c) Before the adoption of the regional transit development
  410  master plan, the authority shall hold at least one public
  411  meeting in each of the seven counties within the designated
  412  region. At least one public hearing must be held before the
  413  authority’s board.
  414         (d) After its adoption, the regional transit development
  415  master plan shall be updated every 5 years before July 1.
  416         (e) The authority shall present the original regional
  417  transit development master plan and updates to the governing
  418  bodies of the counties within the designated seven-county
  419  region, to the TBARTA Metropolitan Planning Organization Chairs
  420  Coordinating Committee, and to the legislative delegation
  421  members representing those counties within 90 days after
  422  adoption.
  423         (f) The authority shall coordinate plans and projects with
  424  the TBARTA Metropolitan Planning Organization Chairs
  425  Coordinating Committee, to the extent practicable, and
  426  participate in the regional M.P.O. planning process to ensure
  427  regional comprehension of the authority’s mission, goals, and
  428  objectives.
  429         (g) The authority shall provide administrative support and
  430  direction to the TBARTA Metropolitan Planning Organization
  431  Chairs Coordinating Committee as provided in s. 339.175(6)(i).
  432         (4) The authority may undertake projects or other
  433  improvements in the regional transit development master plan in
  434  phases as particular projects or segments become feasible, as
  435  determined by the authority. The authority shall coordinate
  436  project planning, development, and implementation with the
  437  applicable local governments. The authority’s projects that are
  438  transportation oriented must be consistent to the maximum extent
  439  feasible with the adopted local government comprehensive plans
  440  at the time such projects are funded for construction. Authority
  441  projects that are not transportation oriented and meet the
  442  definition of development pursuant to s. 380.04 must be
  443  consistent with the local comprehensive plans. In carrying out
  444  its purposes and powers, the authority may request funding and
  445  technical assistance from the department and appropriate federal
  446  and local agencies, including, but not limited to, state
  447  infrastructure bank loans.
  448         (5) The authority is granted and may exercise all powers
  449  necessary, appurtenant, convenient, or incidental to the
  450  carrying out of the aforesaid purposes, including, but not
  451  limited to, the following rights and powers:
  452         (g) To borrow money and to make and issue negotiable notes,
  453  bonds, refunding bonds, and other evidences of indebtedness or
  454  obligations, either in temporary or definitive form, hereinafter
  455  in this chapter sometimes called “revenue bonds” of the
  456  authority, for the purpose of financing all or part of the
  457  mobility improvements within the Tampa Bay region, as well as
  458  the appurtenant facilities, including all approaches, streets,
  459  roads, bridges, and avenues of access authorized by this part,
  460  the bonds to mature not exceeding 40 years after the date of the
  461  issuance thereof, and to secure the payment of such bonds or any
  462  part thereof by a pledge of any or all of its revenues, rates,
  463  fees, rentals, or other charges.
  464         (9)(a)An action by the authority regarding the funding of
  465  commuter rail, heavy rail transit, or light rail transit, as
  466  defined in s. 343.91, or any combination thereof, requires
  467  approval by a majority vote of each M.P.O. serving the county or
  468  counties where such rail transit investment will be made, and
  469  the approval of the Legislature by an act of general law.
  470         (b) The authority may not engage in any advocacy regarding
  471  a referendum, ordinance, legislation, or proposal under
  472  consideration by any governmental entity or the Legislature
  473  which seeks to approve the funding of commuter rail, heavy rail
  474  transit, or light rail transit, as defined in s. 343.91, or any
  475  combination thereof.
  476         (10) The authority must conduct a feasibility study,
  477  through an independent third party, for any project of commuter
  478  rail, heavy rail transit, or light rail transit, as defined in
  479  s. 343.91, or any combination thereof, before proceeding with
  480  the development of the project and before any related contract
  481  is issued. The feasibility study shall be submitted, upon
  482  completion, to the Governor, the President of the Senate, the
  483  Speaker of the House of Representatives, and the board of county
  484  commissioners of Hernando, Hillsborough, Manatee, Pasco, and
  485  Pinellas Counties.
  486         Section 6. Subsection (1) of section 343.94, Florida
  487  Statutes, is amended to read:
  488         343.94 Bond financing authority.—
  489         (1) Pursuant to s. 11(f), Art. VII of the State
  490  Constitution, the Legislature approves bond financing by the
  491  Tampa Bay Area Regional Transit Transportation Authority for
  492  construction of or improvements to commuter rail systems,
  493  transit systems, ferry systems, highways, bridges, toll
  494  collection facilities, interchanges to the system, and any other
  495  transportation facility appurtenant, necessary, or incidental to
  496  the system. Subject to terms and conditions of applicable
  497  revenue bond resolutions and covenants, such costs may be
  498  financed in whole or in part by revenue bonds issued pursuant to
  499  paragraph (2)(a) or paragraph (2)(b), whether currently issued
  500  or issued in the future or by a combination of such bonds.
  501         Section 7. Section 343.947, Florida Statutes, is amended to
  502  read:
  503         343.947 Department may be appointed agent of authority for
  504  construction.—The department may be appointed by the authority
  505  as its agent for the purpose of constructing and completing
  506  transportation projects, and improvements and extensions
  507  thereto, in the authority’s regional transit development master
  508  plan. In such event, the authority shall provide the department
  509  with complete copies of all documents, agreements, resolutions,
  510  contracts, and instruments relating thereto; shall request the
  511  department to do such construction work, including the planning,
  512  surveying, and actual construction of the completion,
  513  extensions, and improvements to the system; and shall transfer
  514  to the credit of an account of the department in the treasury of
  515  the state the necessary funds therefor. The department shall
  516  proceed with such construction and use the funds for such
  517  purpose in the same manner that it is now authorized to use the
  518  funds otherwise provided by law for its use in construction of
  519  commuter rail systems, transit systems, ferry systems, roads,
  520  bridges, and related transportation facilities.
  521         Section 8. Subsections (1) and (3) of section 343.95,
  522  Florida Statutes, are amended to read:
  523         343.95 Acquisition of lands and property.—
  524         (1) For the purposes of this part, the authority may
  525  acquire private or public property and property rights,
  526  including rights of access, air, view, and light, by gift,
  527  devise, purchase, or condemnation by eminent domain proceedings,
  528  as the authority may deem necessary for any purpose of this
  529  part, including, but not limited to, any lands reasonably
  530  necessary for securing applicable permits, areas necessary for
  531  management of access, borrow pits, drainage ditches, water
  532  retention areas, rest areas, replacement access for landowners
  533  whose access is impaired due to the construction of a facility,
  534  and replacement rights-of-way for relocated rail and utility
  535  facilities; for existing, proposed, or anticipated
  536  transportation facilities within the seven-county Tampa Bay
  537  region designated identified by the authority; or for the
  538  purposes of screening, relocation, removal, or disposal of
  539  junkyards and scrap metal processing facilities. The authority
  540  may condemn any material and property necessary for such
  541  purposes.
  542         (3) When the authority acquires property for a
  543  transportation facility within the designated seven-county Tampa
  544  Bay region, the authority is not subject to any liability
  545  imposed by chapter 376 or chapter 403 for preexisting soil or
  546  groundwater contamination due solely to its ownership. This
  547  subsection does not affect the rights or liabilities of any past
  548  or future owners of the acquired property, nor does it affect
  549  the liability of any governmental entity for the results of its
  550  actions which create or exacerbate a pollution source. The
  551  authority and the Department of Environmental Protection may
  552  enter into interagency agreements for the performance, funding,
  553  and reimbursement of the investigative and remedial acts
  554  necessary for property acquired by the authority.
  555         Section 9. Subsections (1) and (3) of section 343.975,
  556  Florida Statutes, are amended to read:
  557         343.975 Complete and additional statutory authority.—
  558         (1) The powers conferred by this part are supplemental to
  559  the existing powers of the board and the department. This part
  560  does not repeal any of the provisions of any other law, general,
  561  special, or local, but supplements such other laws in the
  562  exercise of the powers provided in this part and provides a
  563  complete method for the exercise of the powers granted in this
  564  part. The projects planned and constructed by the Tampa Bay Area
  565  Regional Transit Transportation Authority shall comply with all
  566  applicable federal, state, and local laws. The extension and
  567  improvement of the system, and the issuance of bonds hereunder
  568  to finance all or part of the cost thereof, may be accomplished
  569  upon compliance with the provisions of this part without regard
  570  to or necessity for compliance with the provisions, limitations,
  571  or restrictions contained in any other general, special, or
  572  local law, including, but not limited to, s. 215.821. An
  573  approval of any bonds issued under this part by the qualified
  574  electors or qualified electors who are freeholders in the state
  575  or in any other political subdivision of the state is not
  576  required for the issuance of such bonds pursuant to this part.
  577         (3) This part does not preclude the department from
  578  acquiring, holding, constructing, improving, maintaining,
  579  operating, or owning tolled or nontolled facilities funded and
  580  constructed from nonauthority sources that are part of the State
  581  Highway System within the geographical boundaries of the Tampa
  582  Bay Area Regional Transit Transportation Authority.
  583         Section 10. Section 343.976, Florida Statutes, is amended
  584  to read:
  585         343.976 Effect on local government action.—This act does
  586  not prohibit any local government that is a member of the Tampa
  587  Bay Area Regional Transit Transportation Authority from
  588  participating in or creating any other transit authority,
  589  regional transportation authority, or expressway authority.
  590         Section 11. This act shall take effect July 1, 2017.