House Bill hb0035e1
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CS/HB 35, First Engrossed
1 A bill to be entitled
2 An act relating to expressway authorities;
3 creating s. 348.7521, F.S.; clarifying
4 expressway authority's jurisdiction; clarifying
5 bonding requirements; amending s. 348.754,
6 F.S.; providing that certain activities of an
7 expressway authority may be approved by the
8 governing body of the affected county at the
9 conclusion of a public hearing on the matter;
10 restricting certain activities affecting the
11 Wekiva River or Green Swamp Area by the
12 Orlando-Orange County Expressway Authority;
13 amending s. 348.7543, F.S.; specifying the
14 revenue bonds that may be used to finance
15 certain improvements to the Orlando-Orange
16 County Expressway Authority; amending s.
17 348.7544, F.S.; authorizing the authority to
18 refinance the Northwest Beltway Part A;
19 prohibiting the authority from financing or
20 constructing new facilities to the Northwest
21 Beltway Part A without prior legislative
22 approval unless on behalf of the Department of
23 Transportation; amending s. 348.7545, F.S.;
24 authorizing the authority to refinance the
25 Western Beltway Part C; amending s. 348.755,
26 F.S.; prescribing additional authority to issue
27 bonds by or on behalf of the authority;
28 prescribing a condition on issuance of bonds by
29 the authority; amending s. 348.765, F.S.;
30 restating the authority's exemption from
31 certain provisions relating to issuance of
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CS/HB 35, First Engrossed
1 bonds by state agencies; providing an effective
2 date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 348.7521, Florida Statutes, is
7 created to read:
8 348.7521 Jurisdiction of the Orlando-Orange County
9 Expressway Authority System.-- The jurisdictional area of the
10 Orlando-Orange County Expressway Authority System is limited
11 to the City of Orlando, Orange County, and adjacent counties.
12 The exercise by the Authority of the powers granted pursuant
13 to this part shall be limited to the geographic boundaries
14 established for the Authority pursuant to this part and does
15 not expand the current powers or duties of the Authority.
16 Exercise by the Authority of its right to issue bonds shall be
17 subject to the terms and provisions of this part, and s.11(f),
18 Art. VII of the State Constitution.
19 Section 2. Paragraph (n) of subsection (2) and
20 subsection (4) of section 348.754, Florida Statutes, are
21 amended, and subsection (6) is added to that section, to read:
22 348.754 Purposes and powers.--
23 (2) The authority is hereby granted, and shall have
24 and may exercise all powers necessary, appurtenant, convenient
25 or incidental to the carrying out of the aforesaid purposes,
26 including, but without being limited to, the following rights
27 and powers:
28 (n) With the consent of the county within whose
29 jurisdiction the following activities occur, the authority
30 shall have the right to construct, operate, and maintain
31 roads, bridges, avenues of access, thoroughfares, and
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CS/HB 35, First Engrossed
1 boulevards outside the jurisdictional boundaries of Orange
2 County, together with the right to construct, repair, replace,
3 operate, install, and maintain electronic toll payment systems
4 thereon, with all necessary and incidental powers to
5 accomplish the foregoing. County consent shall constitute
6 approval by the governing body of the affected county at the
7 conclusion of a public hearing to consider this action.
8 (4) Anything in this part to the contrary
9 notwithstanding, acquisition of right-of-way for a project of
10 the authority which is within the boundaries of any
11 municipality in Orange County shall not be begun unless and
12 until the route of said project within said municipality has
13 been given prior approval by the governing body of said
14 municipality at the conclusion of a public hearing to consider
15 this action.
16 (6) After July 1, 2002, the authority may not approve
17 any acquisition of right-of-way or construction of any new
18 additions, extensions, or appurtenant facilities without prior
19 legislative authorization if the new additions, extensions, or
20 appurtenant facilities are proposed to be located within the
21 Wekiva River Protection Area designated in s. 369.303(9) or
22 within the Green Swamp Area of Critical Concern designated in
23 s. 380.0551.
24 Section 3. Section 748.7543, Florida Statutes, is
25 amended to read:
26 348.7543 Improvements, bond financing authority
27 for.--Pursuant to s. 11(f), Art. VII of the State
28 Constitution, the Legislature hereby approves for bond
29 financing by the Orlando-Orange County Expressway Authority
30 improvements to toll collection facilities, interchanges to
31 the legislatively approved expressway system, and any other
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CS/HB 35, First Engrossed
1 facility appurtenant, necessary, or incidental to the approved
2 system. Subject to terms and conditions of applicable revenue
3 bond resolutions and covenants, such costs financing may be
4 financed in whole or in part by revenue bonds issued pursuant
5 to s. 348.755(1)(a) or (b) whether currently issued or, issued
6 in the future, or by a combination of such bonds.
7 Section 4. Section 348.7544, Florida Statutes, is
8 amended to read:
9 348.7544 Northwest Beltway Part A, construction
10 authorized; financing.--Notwithstanding s. 338.2275, the
11 Orlando-Orange County Expressway Authority is hereby
12 authorized to construct, finance, operate, own, and maintain
13 that portion of the Western Beltway known as the Northwest
14 Beltway Part A, extending from Florida's Turnpike near Ocoee
15 north to U.S. 441 near Apopka, as part of the authority's
16 20-year capital projects plan. This project may be financed
17 with any funds available to the authority for such purpose or
18 revenue bonds issued by the Division of Bond Finance of the
19 State Board of Administration on behalf of the authority
20 pursuant to s. 11, Art. VII of the State Constitution and the
21 State Bond Act, ss. 215.57-215.83. This project may be
22 refinanced with bonds issued by the authority pursuant to s.
23 348.755(1)(d). The Orlando-Orange County Expressway Authority
24 may not design, finance, acquire, or construct any new
25 extension, addition, or appurtenant facilities to the
26 Northwest Beltway, Part A, extending northeasterly of its
27 current terminus at U.S. 441 near Apopka without prior
28 legislative approval. However, the authority may perform
29 design, acquisition, or construction functions on behalf of
30 the Department of Transportation pursuant to s. 348.754(2)(i).
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CS/HB 35, First Engrossed
1 Section 5. Section 348.7545, Florida Statutes, is
2 amended to read:
3 348.7545 Western Beltway Part C, construction
4 authorized; financing.--Notwithstanding s. 338.2275, the
5 Orlando-Orange County Expressway Authority is authorized to
6 exercise its condemnation powers, construct, finance, operate,
7 own, and maintain that portion of the Western Beltway known as
8 the Western Beltway Part C, extending from Florida's Turnpike
9 near Ocoee in Orange County southerly through Orange and
10 Osceola Counties to an interchange with I-4 near the
11 Osceola-Polk County line, as part of the authority's 20-year
12 capital projects plan. This project may be financed with any
13 funds available to the authority for such purpose or revenue
14 bonds issued by the Division of Bond Finance of the State
15 Board of Administration on behalf of the authority pursuant to
16 s. 11, Art. VII of the State Constitution and the State Bond
17 Act, ss. 215.57-215.83. This project may be refinanced with
18 bonds issued by the authority pursuant to s. 348.755(1)(d).
19 Section 6. Subsection (1) of section 348.755, Florida
20 Statutes, is amended to read:
21 348.755 Bonds of the authority.--
22 (1)(a) Bonds may be issued on behalf of the authority
23 pursuant to the State Bond Act.
24 (b) Alternatively, the authority may issue its own
25 bonds pursuant to this part at such times and in such
26 principal amount as, in the opinion of the authority, is
27 necessary to provide sufficient moneys for achieving its
28 purposes; however, such bonds may not pledge the full faith
29 and credit of the state. Bonds issued by the authority
30 pursuant to this paragraph or paragraph (a) The bonds of the
31 authority issued pursuant to the provisions of this part,
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CS/HB 35, First Engrossed
1 whether on original issuance or on refunding, shall be
2 authorized by resolution of the members thereof and may be
3 either term or serial bonds, shall bear such date or dates,
4 mature at such time or times, not exceeding 40 years from
5 their respective dates, bear interest at such rate or rates,
6 payable semiannually, be in such denominations, be in such
7 form, either coupon or fully registered, shall carry such
8 registration, exchangeability and interchangeability
9 privileges, be payable in such medium of payment and at such
10 place or places, be subject to such terms of redemption and be
11 entitled to such priorities on the revenues, rates, fees,
12 rentals or other charges or receipts of the authority
13 including the Orange County gasoline tax funds received by the
14 authority pursuant to the terms of any lease-purchase
15 agreement between the authority and the department, as such
16 resolution or any resolution subsequent thereto may provide.
17 The bonds shall be executed either by manual or facsimile
18 signature by such officers as the authority shall determine,
19 provided that such bonds shall bear at least one signature
20 which is manually executed thereon, and the coupons attached
21 to such bonds shall bear the facsimile signature or signatures
22 of such officer or officers as shall be designated by the
23 authority and shall have the seal of the authority affixed,
24 imprinted, reproduced or lithographed thereon, all as may be
25 prescribed in such resolution or resolutions.
26 (c)(b) Said Bonds issued pursuant to paragraph (a) or
27 paragraph (b) shall be sold at public sale in the same manner
28 provided by the State Bond Act. However, if the authority
29 shall, by official action at a public meeting, determine that
30 a negotiated sale of such the bonds is in the best interest of
31 the authority, the authority may negotiate the for sale of
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CS/HB 35, First Engrossed
1 such the bonds with the underwriter or underwriters designated
2 by the authority and the Division of Bond Finance of the State
3 Board of Administration with respect to bonds issued pursuant
4 to paragraph (a) or solely the authority with respect to bonds
5 issued pursuant to paragraph (b). The authority's
6 determination to negotiate the sale of such bonds may be
7 based, in part, upon the written advice of the authority's
8 financial advisor. Pending the preparation of definitive
9 bonds, interim certificates may be issued to the purchaser or
10 purchasers of such bonds and may contain such terms and
11 conditions as the authority may determine.
12 (d) The authority may issue bonds pursuant to
13 paragraph (b) to refund any bonds previously issued regardless
14 of whether the bonds being refunded were issued by the
15 authority pursuant to this chapter or on behalf of the
16 authority pursuant to the State Bond Act.
17 Section 7. Section 348.765, Florida Statutes, is
18 amended to read:
19 348.765 This part complete and additional authority.--
20 (1) The powers conferred by this part shall be in
21 addition and supplemental to the existing powers of said board
22 and the department, and this part shall not be construed as
23 repealing any of the provisions, of any other law, general,
24 special or local, but to supersede such other laws in the
25 exercise of the powers provided in this part, and to provide a
26 complete method for the exercise of the powers granted in this
27 part. The extension and improvement of said Orlando-Orange
28 County Expressway System, and the issuance of bonds hereunder
29 to finance all or part of the cost thereof, may be
30 accomplished upon compliance with the provisions of this part
31 without regard to or necessity for compliance with the
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CS/HB 35, First Engrossed
1 provisions, limitations, or restrictions contained in any
2 other general, special or local law, including, but not
3 limited to, s. 215.821, and no approval of any bonds issued
4 under this part by the qualified electors or qualified
5 electors who are freeholders in the state or in said County of
6 Orange, or in said City of Orlando, or in any other political
7 subdivision of the state, shall be required for the issuance
8 of such bonds pursuant to this part.
9 (2) This part shall not be deemed to repeal, rescind,
10 or modify any other law or laws relating to said State Board
11 of Administration, said Department of Transportation, or the
12 Division of Bond Finance of the State Board of Administration,
13 but shall be deemed to and shall supersede such other law or
14 laws as are inconsistent with the provisions of this part,
15 including, but not limited to, s. 215.821.
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