Florida Senate - 2018                             CS for SB 1436
       
       
        
       By the Committee on Transportation; and Senator Broxson
       
       
       
       
       
       596-02450-18                                          20181436c1
    1                        A bill to be entitled                      
    2         An act relating to the Garcon Point Bridge; creating
    3         s. 338.168, F.S.; authorizing the Department of
    4         Transportation to acquire the Garcon Point Bridge and
    5         related assets and purchase or retire specified
    6         outstanding bonds; authorizing the department to enter
    7         into any agreements necessary to implement the
    8         acquisition and purchase or the retirement of the
    9         bonds; authorizing the department to specify the terms
   10         and conditions of such agreements; requiring that the
   11         bridge be owned by the department and become part of
   12         the State Highway System upon acquisition, if acquired
   13         under s. 338.168, F.S.; authorizing the issuance of
   14         bonds to finance the department’s acquisition of the
   15         bridge consistent with the department’s existing
   16         bonding authority; requiring such bonds to be issued
   17         in accordance with the state’s debt management
   18         policies to the extent practicable; providing for the
   19         termination of a certain lease purchase agreement upon
   20         the department’s acquisition of the bridge; requiring
   21         the department to determine the price for acquisition
   22         of the bridge; authorizing the department to base the
   23         price on specified considerations; requiring that the
   24         acquisition price paid by the department first be used
   25         to settle all claims of specified bondholders;
   26         prohibiting the Santa Rosa Bay Bridge Authority, the
   27         department, or the trustee for the bondholders from
   28         imposing certain toll rate increases; prohibiting the
   29         department and the state from incurring financial
   30         obligations in excess of forecasted gross revenues
   31         from the operation of the bridge; providing for the
   32         calculation of the maximum total acquisition price
   33         that may be paid by the department; providing that the
   34         powers conferred are in addition and supplemental to
   35         existing powers of the department; providing for
   36         construction; repealing part IV of ch. 348, F.S.,
   37         relating to the Santa Rosa Bay Bridge Authority, upon
   38         the department’s acquisition of the bridge under s.
   39         338.168, F.S.; amending s. 338.2275, F.S.; deeming
   40         acquisition of the bridge to meet the definition of
   41         economic feasibility under s. 338.221(8), F.S.;
   42         authorizing the department to acquire the Garcon Point
   43         Bridge and related assets and purchase or retire
   44         specified outstanding bonds; authorizing the
   45         department to enter into any agreements necessary to
   46         implement the acquisition, including the purchase or
   47         retirement of the bonds; authorizing the department to
   48         specify the terms and conditions of such agreements;
   49         requiring that the bridge become part of the turnpike
   50         system upon acquisition if acquired under s. 338.2275,
   51         F.S.; authorizing the issuance of revenue bonds to
   52         finance the department’s acquisition of the bridge;
   53         authorizing a portion of such bonds to be limited
   54         financial obligations of the department payable only
   55         to a certain extent; authorizing the department to
   56         agree to continue maintaining the bridge in a
   57         specified manner if such limited financial obligations
   58         are issued; requiring the acquisition price paid by
   59         the department to first be used to settle all claims
   60         of specified bondholders; prohibiting the authority,
   61         the department, or the trustee for the bondholders
   62         from imposing certain toll rate increases; prohibiting
   63         the department and the state from incurring financial
   64         obligations in excess of forecasted gross revenues
   65         from the operation of the bridge; providing for the
   66         calculation of the maximum total acquisition price
   67         that may be paid by the department; providing for the
   68         termination of a certain lease purchase agreement upon
   69         the department’s acquisition of the bridge; providing
   70         that the powers conferred are in addition and
   71         supplemental to existing powers of the department;
   72         providing for construction; repealing part IV of ch.
   73         348, F.S., relating to the Santa Rosa Bay Bridge
   74         Authority, upon the department’s acquisition of the
   75         bridge under s. 338.2275, F.S.; providing legislative
   76         intent; authorizing the department to implement the
   77         acquisition of the Garcon Point Bridge pursuant to the
   78         grant of authority contained in either s. 338.168,
   79         F.S. or s. 338.2275(4), F.S.; requiring the department
   80         to give preference to implementation of the
   81         acquisition in the manner which is in the best
   82         interest of the public; providing an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Section 338.168, Florida Statutes, is created to
   87  read:
   88         338.168Garcon Point Bridge; acquisition by the department;
   89  bonds; complete and additional authority.—
   90         (1) The department may acquire the Garcon Point Bridge,
   91  including related assets, and, as part of such acquisition, may
   92  purchase or retire outstanding Santa Rosa Bay Bridge Authority
   93  bonds. The department may enter into any agreements necessary to
   94  implement the acquisition, including the purchase or retirement
   95  of Santa Rosa Bay Bridge Authority bonds, and may specify the
   96  terms and conditions of such agreements. Upon its acquisition by
   97  the department, the Garcon Point Bridge shall be owned by the
   98  department and become part of the State Highway System.
   99         (2)The issuance of bonds to finance the department’s
  100  acquisition of the Garcon Point Bridge, consistent with the
  101  department’s existing bonding authority, is approved. To the
  102  extent practicable, any such bonds must be issued in accordance
  103  with the state’s debt management policies.
  104         (3)Upon acquisition of the Garcon Point Bridge as
  105  authorized in this section, the lease purchase agreement dated
  106  October 23, 1996, between the Santa Rosa Bay Bridge Authority
  107  and the department, as amended, is terminated.
  108         (4)The price paid by the department for the acquisition
  109  shall be determined by the department and may be based on, but
  110  not be limited to, the following considerations:
  111         (a)Current and expected toll revenues.
  112         (b)Current debt owed by the Santa Rosa Bay Bridge
  113  Authority to the department for operations and maintenance
  114  expenses of the bridge, and such expected future expenses.
  115         (c)The outstanding bonded indebtedness of the Santa Rosa
  116  Bay Bridge Authority.
  117         (d)The cost of determining the remaining useful life of
  118  the bridge.
  119         (e)Future bridge repair or replacement costs, including
  120  labor, materials, machinery, and equipment.
  121         (f)Any engineering and legal expenses and charges.
  122         (g)The cost of issuance of any bonds and all other
  123  expenses of issuance of bonds.
  124         (h)Any financing charges.
  125         (i)The creation of initial reserve and debt service funds.
  126         (j)Administrative expenses.
  127         (k)Such other expenses as may be necessary or incidental
  128  to the acquisition authorized in this section or to future
  129  bridge repair or replacement costs, or to the financing thereof.
  130         (5)The acquisition price paid by the department must first
  131  be used to settle all claims of the bondholders of Santa Rosa
  132  Bay Bridge Authority Revenue Bonds, Series 1996.
  133         (6)The authority, the department, or the trustee for the
  134  bondholders may not impose a toll rate increase for use of the
  135  Garcon Point Bridge in connection with the acquisition of the
  136  bridge by the department. Following acquisition of the bridge by
  137  the department, no increase in tolls for use of the bridge is
  138  permitted except as required by law or as required to comply
  139  with the covenants contained in any resolution under which bonds
  140  have been issued.
  141         (7) Neither the department nor the state shall incur any
  142  financial obligation for the acquisition of the Garcon Point
  143  Bridge in excess of forecasted gross revenues from the operation
  144  of the bridge. Therefore, the total acquisition price paid by
  145  the department may not exceed the present value of the gross
  146  revenues, calculated without any increase in the toll rate,
  147  which are anticipated to be collected from the operation of the
  148  bridge between the date of any purchase agreement entered into
  149  in accordance with this section and the end of the anticipated
  150  remaining useful life of the bridge as it exists as of the date
  151  of the purchase agreement.
  152         (8)The powers conferred by this section shall be in
  153  addition and supplemental to the existing powers of the
  154  department, including s. 338.2275(4). This section shall not be
  155  construed as repealing any of the provisions of any other law,
  156  general, special, or local; or to supersede, repeal, rescind, or
  157  modify any other law or laws relating to the department, the
  158  State Board of Administration, or the Florida Turnpike
  159  Enterprise Law, ss. 338.22-338.241; but shall supersede such
  160  other law or laws as are inconsistent with the provisions of
  161  this section.
  162         Section 2. Upon acquisition of the Garcon Point Bridge by
  163  the department as authorized by s. 338.168, part IV of chapter
  164  348, Florida Statutes, consisting of ss. 348.965-348.9781,
  165  Florida Statutes, is repealed.
  166         Section 3. Subsection (4) is added to section 338.2275,
  167  Florida Statutes, to read:
  168         338.2275 Approved turnpike projects.—
  169         (4)(a)As directed by the Legislature, the department has
  170  conducted a feasibility study relating to the acquisition of the
  171  Garcon Point Bridge which the Legislature deems to satisfy the
  172  definition of economic feasibility in s. 338.221(8).
  173  Accordingly, the department may acquire the Garcon Point Bridge,
  174  including related assets, and, as part of such acquisition, may
  175  purchase or retire outstanding Santa Rosa Bay Bridge Authority
  176  bonds. The department may enter into any agreements necessary to
  177  implement the acquisition, including the purchase or retirement
  178  of Santa Rosa Bay Bridge Authority bonds, and to specify the
  179  terms and conditions of such agreements. Upon its acquisition by
  180  the department, the Garcon Point Bridge shall become a part of
  181  the turnpike system. Pursuant to s. 11(f), Art. VII of the State
  182  Constitution, the issuance of revenue bonds to finance the
  183  department’s acquisition of the Garcon Point Bridge is approved.
  184  A portion of such revenue bonds may be limited financial
  185  obligations of the department payable only to the extent that
  186  the gross revenues from the operation of the bridge following
  187  acquisition by the department exceed the debt service on the
  188  other revenue bonds issued to finance the acquisition of the
  189  bridge. If limited obligations are issued, the department may
  190  agree to continue maintaining the bridge in a manner consistent
  191  with its covenants in the lease purchase agreement.
  192         (b) The acquisition price paid by the department must first
  193  be used to settle all claims of bondholders of Santa Rosa Bay
  194  Bridge Authority Revenue Bonds, Series 1996.
  195         (c) The authority, the department, or the trustee for
  196  bondholders may not impose a toll rate increase for use of the
  197  Garcon Point Bridge in connection with the acquisition of the
  198  bridge by the department. Following acquisition of the bridge by
  199  the department, no increase in tolls for use of the bridge is
  200  permitted except as required by law or as required to comply
  201  with the covenants contained in any resolution under which bonds
  202  have been issued.
  203         (d) Neither the department nor the state shall incur any
  204  financial obligation for the acquisition of the Garcon Point
  205  Bridge in excess of forecasted gross revenues from the operation
  206  of the bridge. Therefore, the total acquisition price paid by
  207  the department may not exceed the present value of the gross
  208  revenues, calculated without any increase in the toll rate,
  209  which are anticipated to be collected from the operation of the
  210  bridge between the date of any purchase agreement entered into
  211  in accordance with this section and the end of the anticipated
  212  remaining useful life of the bridge as it exists as of the date
  213  of the purchase agreement.
  214         (e) Upon acquisition of the Garcon Point Bridge as
  215  authorized by this subsection, the lease purchase agreement
  216  dated October 23, 1996, between the authority and the
  217  department, as amended, is terminated.
  218         (f)The powers conferred by this subsection shall be in
  219  addition and supplemental to the existing powers of the
  220  department, including s. 338.168. This section shall not be
  221  construed as repealing any of the provisions of any other law,
  222  general, special, or local; or to supersede, repeal, rescind, or
  223  modify any other law or laws relating to the department, the
  224  State Board of Administration, or the Florida Turnpike
  225  Enterprise Law, ss. 338.22-338.241; but shall supersede such
  226  other law or laws as are inconsistent with the provisions of
  227  this section.
  228         Section 4. Upon acquisition of the Garcon Point Bridge by
  229  the department as authorized by s. 338.2275(4), Florida
  230  Statutes, part IV of chapter 348, Florida Statutes, consisting
  231  of ss. 348.965-348.9781, Florida Statutes, is repealed.
  232         Section 5. It is the intent of the Legislature in passing
  233  this act that the department exercises its transportation
  234  responsibilities and expertise in selecting implementation of
  235  the acquisition of the Garcon Point Bridge through the authority
  236  granted in s. 338.168, Florida Statutes, or in s. 338.2275(4),
  237  Florida Statutes, created by this act. Accordingly, the
  238  department may implement the acquisition of the Garcon Point
  239  Bridge pursuant to the grant of authority contained in either s.
  240  338.168, Florida Statutes, or s. 338.2275(4), Florida Statutes,
  241  giving preference to implementation in the manner which is in
  242  the best interest of the public.
  243         Section 6. This act shall take effect upon becoming a law.