HB 1409CS

CHAMBER ACTION



1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to regional transportation authorities;
7amending s. 343.52, F.S.; revising the definition of
8"transit system" for purposes of the South Florida
9Regional Transportation Authority Act; amending s. 343.54,
10F.S.; revising powers and duties of that authority;
11removing reference to commuter rail systems; revising
12provisions for the authority to expand its service area;
13amending s. 343.55, F.S.; providing for issuance of
14revenue bonds authorized by resolution of the authority;
15providing for sale and security of the bonds; providing
16that the bonds are negotiable securities; amending s.
17343.58, F.S.; revising provisions for funding for the
18authority; providing for minimum county contributions to
19the authority; removing a vehicle registration tax levied
20by the authority; authorizing a license tax on the
21registration of a new vehicle to be levied by the
22authority; requiring approval of the new vehicle license
23tax by super majority vote of the county commission;
24requiring counties served by the authority to annually
25transfer certain funds before a certain date; providing
26for cessation of specified county funding contributions
27and providing for certain refunding of the contributions
28under certain circumstances; revising timeframe for repeal
29of specified funding provisions under certain
30circumstances; amending s. 120.52, F.S.; providing that
31specified regional transportation authorities are not
32agencies under the Administrative Procedure Act; amending
33s. 163.3180, F.S.; providing that comprehensive plan
34concurrency requirements do not apply to transit-oriented
35development master plans; providing criteria for such
36plans; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsection (4) of section 343.52, Florida
41Statutes, is amended to read:
42     343.52  Definitions.--As used in this part, the term:
43     (4)  "Transit system" means a system used for the
44transportation of people and goods by means of, without
45limitation, a street railway, an inland waterway, an elevated
46railway having a fixed guideway, a commuter railroad, a subway,
47motor vehicles, or motor buses, and includes a complete system
48of tracks, stations, and rolling stock necessary to effectuate
49passenger service to or from the surrounding regional
50municipalities.
51     Section 2.  Paragraph (b) of subsection (1) and subsection
52(5) of section 343.54, Florida Statutes, are amended to read:
53     343.54  Powers and duties.--
54     (1)
55     (b)  It is the express intention of this part that the
56authority be authorized to plan, develop, own, purchase, lease,
57or otherwise acquire, demolish, construct, improve, relocate,
58equip, repair, maintain, operate, and manage a transit system
59and transit facilities; to establish and determine the policies
60necessary for the best interest of the operation and promotion
61of a transit system; and to adopt rules necessary to govern the
62operation of a transit commuter rail system and transit commuter
63rail facilities. It is the intent of the Legislature that the
64South Florida Regional Transportation Authority shall have
65overall authority to coordinate, develop, and operate a regional
66transportation system within the area served.
67     (5)  The authority, by a resolution of its governing board,
68may expand its service area and enter into an agreement a
69partnership with any county that is contiguous to the service
70area of the authority. The board shall determine the conditions
71and terms of the agreement partnership, except as provided
72herein. However, the authority may not expand its service area
73without the consent of the board of county commissioners
74representing the proposed expansion area, and a county may not
75be added to the service area except in the year that federal
76reauthorization legislation for transportation funds is enacted.
77     Section 3.  Subsection (3) of section 343.55, Florida
78Statutes, is amended to read:
79     343.55  Issuance of Revenue bonds.--
80     (3)(a)  The authority may issue bonds from time to time
81that do not pledge the full faith and credit of the state in
82such principal amount as, in the opinion of the authority, is
83necessary to provide sufficient moneys for achieving its
84corporate purposes.
85     (b)  The bonds of the authority, whether on original
86issuance or refunding, must be authorized by resolution of the
87authority after a public hearing, may be either term or serial
88bonds in such principal amounts as the authority may determine,
89and shall bear such date or dates, mature at such time or times,
90bear interest at such rate or rates, be in such denominations,
91be in such form, either coupon or fully registered, carry such
92registration, exchangeability, and interchangeability
93privileges, be payable in such medium of payment and at such
94place or places and at such times, be subject to such terms of
95redemption, and be entitled to such priorities on the revenues,
96rates, fees, rentals, or other charges or receipts of the
97authority as such resolution or any resolution subsequent
98thereto may provide. The bonds must be executed by such officers
99as the authority determines under the requirements of s. 279.06.
100     (c)  Said bonds shall be sold by the authority at public
101sale by competitive bid. However, if the authority, after
102receipt of a written recommendation from a financial adviser,
103shall determine by official action after public hearing by a
104two-thirds vote of all voting members of the authority that a
105negotiated sale of the bonds is in the best interest of the
106authority, the authority may negotiate for sale of the bonds
107with the underwriter or underwriters designated by the
108authority. The authority shall provide specific findings in a
109resolution as to the reasons requiring the negotiated sale,
110which resolution shall incorporate and have attached thereto the
111written recommendation of the financial adviser required by this
112paragraph.
113     (d)  Any such resolution or resolutions authorizing any
114bonds hereunder may contain provisions that are part of the
115contract with the holders of the bonds as the authority
116determines proper. In addition, the authority may enter into
117trust indentures or other agreements with a fiscal agent, or
118with any bank or trust company within or without the state, as
119security for such bonds and may, under the agreements, assign
120and pledge the revenues, rates, fees, rentals, tolls, or other
121charges or receipts of the authority.
122     (e)  Bonds issued pursuant to this part are negotiable
123instruments and have all the qualities and incidents of
124negotiable instruments under the law merchant and the negotiable
125instruments law of the state. The Division of Bond Finance is
126authorized to issue revenue bonds on behalf of the authority to
127finance or refinance the cost of projects.
128     Section 4.  Section 343.58, Florida Statutes, is amended to
129read:
130     343.58  County Funding for the South Florida Regional
131Transportation Authority.--
132     (1)  Each county served by the South Florida Regional
133Transportation Authority must dedicate and transfer not less
134than $2.67 million to the authority prior to October 31 of each
135fiscal year annually. The recurring annual $2.67 million must be
136dedicated by the governing body of each county by August 1,
1372003. Notwithstanding ss. 206.41 and 206.87, such dedicated
138funding may come from each county's share of the ninth-cent fuel
139tax, the local option fuel tax, or any other source of local gas
140taxes or other nonfederal funds available to the counties. In
141addition, the Legislature authorizes the levy of an annual
142license tax in the amount of $2 for the registration or renewal
143of registration of each vehicle taxed under s. 320.08 and
144registered in the area served by the South Florida Regional
145Transportation Authority. The annual license tax shall take
146effect in any county served by the authority upon approval by
147the residents in a county served by the authority. The annual
148license tax shall be levied and the Department of Highway Safety
149and Motor Vehicles shall remit the proceeds each month from the
150tax to the South Florida Regional Transportation Authority.
151     (2)  The Legislature authorizes any county served by the
152South Florida Regional Transportation Authority to levy a new
153vehicle license tax in the amount of $100 for the registration
154of each new vehicle taxed under s. 320.08 and registered in the
155area served by the authority. The new vehicle license tax shall
156take effect in any county served by the authority upon the
157passage of the new vehicle license tax by a super majority vote
158of two-thirds of the members of the county commission present
159and voting at the time in any county served by the authority.
160Ninety days after passage by the county commission, the new
161vehicle license tax shall be levied and the Department of
162Highway Safety and Motor Vehicles shall remit all of the
163proceeds each month from the tax to the authority.
164     (3)(2)  In addition, Each county served by the South
165Florida Regional Transportation Authority shall continue to
166annually fund the operations of the South Florida Regional
167Transportation authority in an amount not less than $1.565
168million. The recurring annual $1.565 million must be dedicated
169and transferred by each county by October 31 of each fiscal
170year.
171     (4)  Revenues raised Such funds pursuant to this section
172subsection shall also be considered a dedicated funding source.
173     (5)  The current funding obligations in subsections (1) and
174(3) shall cease upon commencement of collection of the new
175vehicle license tax described in subsection (2). Should the tax
176in subsection (2) not meet the funding obligations of any county
177served by the South Florida Regional Transportation Authority as
178outlined in subsections (1) and (3), that county shall fund the
179remaining funding obligations outlined in subsections (1) and
180(3) by utilizing the funding options outlined in subsection (1).
181The authority shall refund a pro rata share of payments made
182pursuant to the current funding obligations in subsections (1)
183and (3) as soon as reasonably practicable after it begins to
184receive proceeds of the annual license tax or new vehicle
185license tax described in subsection (2).
186
187If, by December 31, 2011 2009, the South Florida Regional
188Transportation Authority has not received federal matching funds
189based upon the dedication of funds under this section subsection
190(1), this section subsection (1) shall be repealed.
191     Section 5.  Subsection (1) of section 120.52, Florida
192Statutes, is amended to read:
193     120.52  Definitions.--As used in this act:
194     (1)  "Agency" means:
195     (a)  The Governor in the exercise of all executive powers
196other than those derived from the constitution.
197     (b)  Each:
198     1.  State officer and state department, and each
199departmental unit described in s. 20.04.
200     2.  Authority, including a regional water supply authority.
201     3.  Board.
202     4.  Commission, including the Commission on Ethics and the
203Fish and Wildlife Conservation Commission when acting pursuant
204to statutory authority derived from the Legislature.
205     5.  Regional planning agency.
206     6.  Multicounty special district with a majority of its
207governing board comprised of nonelected persons.
208     7.  Educational units.
209     8.  Entity described in chapters 163, 373, 380, and 582 and
210s. 186.504.
211     (c)  Each other unit of government in the state, including
212counties and municipalities, to the extent they are expressly
213made subject to this act by general or special law or existing
214judicial decisions.
215
216This definition does not include any legal entity or agency
217created in whole or in part pursuant to chapter 361, part II,
218any metropolitan planning organization created pursuant to s.
219339.175, any separate legal or administrative entity created
220pursuant to s. 339.175 of which a metropolitan planning
221organization is a member, a regional transportation authority
222created pursuant to chapter 343, an expressway authority
223pursuant to chapter 348, any legal or administrative entity
224created by an interlocal agreement pursuant to s. 163.01(7),
225unless any party to such agreement is otherwise an agency as
226defined in this subsection, or any multicounty special district
227with a majority of its governing board comprised of elected
228persons; however, this definition shall include a regional water
229supply authority.
230     Section 6.  Paragraph (b) of subsection (4) of section
231163.3180, Florida Statutes, is amended to read:
232     163.3180  Concurrency.--
233     (4)
234     (b)  The concurrency requirement as implemented in local
235comprehensive plans does not apply to public transit facilities
236or transit-oriented development master plans. For the purposes
237of this paragraph, public transit facilities include transit
238stations and terminals, transit station parking, park-and-ride
239lots, intermodal public transit connection or transfer
240facilities, and fixed bus, guideway, and rail stations. For the
241purposes of this paragraph, transit-oriented development master
242plans are plans adopted by a local governing body that
243graphically depict the locations of transit stations, roadways,
244buildings, public spaces, and civic spaces within a quarter-mile
245to half-mile radius of the transit station. As used in this
246paragraph, the terms "terminals" and "transit facilities" do not
247include airports or seaports or commercial or residential
248development constructed in conjunction with a public transit
249facility, except as may be constructed within a transit-oriented
250development master plan.
251     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.