HB 311

1	A bill to be entitled
2	An act relating to the Jacksonville Transportation
3	Authority; amending s. 349.02, F.S.; revising
4	definitions; defining the term "transportation
5	facilities"; amending s. 349.03, F.S.; specifying that
6	the authority is an agency of the state and not a unit
7	of any other political subdivision; revising a
8	requirement for membership on the governing body of the
9	authority to provide that an appointed member must be a
10	resident and elector of Duval County; amending s.
11	349.04, F.S.; revising scope of the authority to include
12	certain services throughout Duval County; revising
13	authority, powers, rights, and responsibilities of the
14	authority to provide for planning, coordinating,
15	developing, financing, refinancing, constructing,
16	owning, leasing, purchasing, operating, maintaining,
17	relocating, equipping, repairing, and managing described
18	transportation projects intended to address needs or
19	concerns in the Jacksonville, Duval County, metropolitan
20	area; revising bonding provisions; providing for the
21	authority to fix, alter, charge, establish, and collect
22	rates, fees, rentals, and other charges for any
23	transportation facilities of the authority; authorizing
24	purchases under government contract; revising eminent
25	domain provisions to include specified procedural
26	powers; authorizing use of local option taxes or county
27	gasoline tax funds to secure the payment of bonds;
28	authorizing the authority to establish and fund reserve
29	accounts, adopt an annual budget, use purchasing
30	schedules and master purchasing contracts, retain legal
31	counsel and other consultants, construct and own and
32	maintain transportation facilities outside the
33	jurisdictional boundaries of Duval County, form public
34	benefit corporations, require bid bonds and protest
35	bonds, prequalify bidders or proposers, suspend or debar
36	consultants and contractors, and create and operate an
37	employees' benefit fund; providing for the authority to
38	expand its service area and enter into a partnership
39	with a contiguous county; providing that the powers and
40	obligations of the authority shall not be subject to
41	supervision, approval, or consent of any municipality or
42	county except as agreed upon in an interlocal agreement;
43	providing for certain contractual obligations and
44	recovery of damages; providing for relocation of utility
45	facilities interfering with transportation projects;
46	authorizing the authority to enter lands, waters, and
47	premises of another in the performance of its duties;
48	amending s. 349.041, F.S.; revising provisions for funds
49	appropriated by the City of Jacksonville to the
50	authority; repealing s. 349.042, F.S., relating to the
51	Jacksonville area planning board review of construction
52	and operation of the expressway and transit functions of
53	the authority; creating s. 349.043, F.S.; requiring a
54	public hearing prior to designation or relocation of
55	transportation facilities or substantive changes
56	thereto; providing procedures; requiring compliance with
57	federal requirements related to new or altered
58	transportation facilities or services; amending s.
59	349.05, F.S.; authorizing bonds to be issued on behalf
60	of the authority; revising provisions for issuance and
61	sale of bonds; authorizing certain refunding bonds;
62	revising provisions for resolutions authorizing bonds;
63	revising provisions for fiscal agents; providing that
64	bonds are not obligations of the state; repealing s.
65	349.06, F.S., relating to remedies of the bondholders;
66	creating s. 349.061, F.S.; providing approval for bond
67	financing by the authority; amending s. 349.07, F.S.;
68	revising provisions authorizing the Department of
69	Transportation to expend certain funds and use its
70	resources for certain items related to the Jacksonville
71	Expressway System; amending s. 349.10, F.S.; revising
72	provisions for the authority to acquire lands and rights
73	therein; limiting liability of the authority with
74	respect to certain contamination of lands acquired;
75	authorizing the authority and the Department of
76	Environmental Protection to enter into agreements for
77	the performance and funding of investigative and
78	remedial acts; amending s. 349.12, F.S.; revising
79	covenant of the state related to bonds of the authority;
80	amending s. 349.13, F.S.; specifying conditions under
81	which property leased by the authority is exempt from ad
82	valorem taxes; amending s. 349.15, F.S.; revising
83	provisions for enforcement of rights by bondholders;
84	amending s. 349.17, F.S.; revising provisions for
85	application of and exemption from other laws relating to
86	issuance of bonds; amending s. 349.21, F.S.; revising
87	provisions for use of charter county transit system
88	surtax funds; creating s. 349.22, F.S.; providing
89	conditions for the authority to receive or solicit
90	proposals and enter into agreements with private
91	entities for the building, operation, ownership, or
92	financing of highways, bridges, multimodal
93	transportation systems, transit-oriented development
94	nodes, transit stations, or related transportation
95	facilities; requiring certain costs to be paid by the
96	private entity; authorizing the department to use state
97	funds for projects on or that increase mobility on the
98	State Highway System; requiring notice of proposals and
99	providing procedures; providing for agreements to
100	authorize the public-private entity to impose tolls;
101	requiring public-private transportation facilities to
102	comply with laws, comprehensive plans, and the
103	authority's rules, policies, procedures, standards, and
104	conditions; authorizing the authority to exercise its
105	powers to facilitate public-private projects; providing
106	for application; providing an effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Section 349.02, Florida Statutes, is amended
111	to read:
112	349.02  Definitions.--
113	(1)  Except in those instances where the context clearly
114	indicates otherwise, whenever used or referred to in this
115	chapter, the following terms whenever used or referred to in
116	this law shall have the following meanings, except in those
117	instances where the context clearly indicates otherwise:
118	(a)(1)  The term "Authority" means shall mean the body
119	politic and corporate, an agency of the state created by this
120	chapter.
121	(b)(2)  The term "Members" means shall mean the governing
122	body of the authority, and the term "member" means shall mean
123	one of the individuals constituting such governing body.
124	(c)(3)  The term "Bonds" means and includes shall mean
125	and include the notes, bonds, refunding bonds, or other
126	evidences of indebtedness or obligations, in either temporary
127	or definitive form, that which the authority is authorized to
128	issue pursuant to this chapter.
129	(d)(4)  The term "Lease-purchase agreement" means shall
130	mean the lease-purchase agreements that which the authority is
131	authorized pursuant to this chapter to enter into with the
132	department of Transportation.
133	(e)(5)  The term "Department" means shall mean the
134	Department of Transportation existing under chapters 334-339.
135	(f)(6)  The terms "Florida State Improvement Commission"
136	or "commission" means shall mean the state agency created,
137	organized, and existing under and by virtue of the provisions
138	of former chapter 420, or the successor thereto, chapter
139	29788, Acts of 1955, now chapter 288.
140	(g)(7)  The term "County" means shall mean the County of
141	Duval.
142	(h)(8)  The term "City" means shall mean the City of
143	Jacksonville.
144	(i)(9)  The term "State Board of Administration" means
145	shall mean the body corporate existing under the provisions of
146	s. 9, Art. XII of the State Constitution, or any successor
147	thereto.
148	(j)(10)  The term "Agency of the state" means and
149	includes shall mean and include the state and any department
150	of the state, or any corporation, agency, or instrumentality
151	heretofore or hereafter created, designated, or established
152	by, the state.
153	(k)(11)  The term "Federal agency" means and includes
154	shall mean and include the United States, the President of the
155	United States, and any department of the United States, or any
156	corporation, agency, or instrumentality heretofore or
157	hereafter created, designated, or established by, the United
158	States.
159	(l)(12)  The term "Duval County gasoline tax funds" means
160	shall mean all the 80-percent surplus gasoline tax funds
161	accruing in each year to the Department of Transportation for
162	use in Duval County under the provisions of s. 9, Art. XII of
163	the State Constitution, after deduction only of any amounts of
164	said gasoline tax funds heretofore pledged by the department
165	or the county for outstanding obligations.
166	(m)  "Transportation facilities" means and includes all
167	mobile and fixed assets (real or personal property or rights
168	therein) used in the transportation of persons or property by
169	any means of conveyance whatsoever, and all appurtenances
170	thereto, such as, but not limited to, highways; limited or
171	controlled access lanes and facilities; docks, vessels,
172	vehicles, fixed guideway facilities, and any means of
173	conveyance of persons or property of all types; park-and-ride
174	facilities; transit-related improvements adjacent to transit
175	facilities or stations; bus, train, vessel, or other vehicle
176	storage, cleaning, fueling, control, and maintenance
177	facilities; and administrative and other office space for the
178	exercise by the authority of the powers and obligations herein
179	granted.
180	(2)(13)  Words importing singular number shall include
181	the plural number in each case and vice versa, and words
182	importing persons shall include firms and corporations.
183	Section 2.  Subsections (1) and (2) of section 349.03,
184	Florida Statutes, are amended to read:
185	349.03  Jacksonville Transportation Authority.--
186	(1)  There is hereby created and established a body
187	politic and corporate and an agency of the state to be known
188	as the Jacksonville Expressway Authority, redesignated as the
189	Jacksonville Transportation Authority, and hereinafter
190	referred to as the "authority." Notwithstanding any other
191	general or special law, the authority created under this
192	section is an agency of the state and not a component unit of
193	any other political subdivision.
194	(2)  The governing body of the authority shall consist of
195	seven members. Three members shall be appointed by the
196	Governor and confirmed by the Senate. Three members shall be
197	appointed by the mayor of the City of Jacksonville subject to
198	confirmation by the council of the City of Jacksonville. The
199	seventh member shall be the district secretary of the
200	Department of Transportation serving in the district that
201	contains the City of Jacksonville. Except for the seventh
202	member, members shall be residents and qualified electors of
203	Duval County the City of Jacksonville.
204	Section 3.  Section 349.04, Florida Statutes, is amended
205	to read:
206	349.04  Purposes and powers.--
207	(1)(a)  The authority created and established by the
208	provisions of this chapter is hereby granted and shall have
209	the right to acquire, hold, construct, improve, maintain,
210	operate, own, and lease in the capacity of lessor the
211	Jacksonville Expressway System (hereinafter referred to as
212	"system"), heretofore partially constructed or acquired by the
213	Florida State Improvement Commission in the Jacksonville,
214	Duval County, metropolitan area, as more specifically
215	described in the proceedings of the commission which
216	authorized the issuance of $28 million in bonds of the
217	commission for such purpose, and as hereafter completed or
218	improved or extended as authorized by this chapter, and all
219	appurtenant facilities, including all approaches, streets,
220	roads, bicycle paths, bridges, and avenues of access for the
221	Jacksonville Expressway System, and to construct or acquire
222	extensions, additions, and improvements to the system and to
223	complete the construction and acquisition of the system.
224	(b)  The authority may, in addition, acquire, hold,
225	construct, improve, operate, maintain, and lease in the
226	capacity of lessor a mass transit system employing motor cars
227	or buses; street railway systems beneath the surface, on the
228	surface, or above the surface; or any other means determined
229	useful to the rapid transfer of large numbers of people among
230	the locations of residence, commerce, industry, and education
231	in Duval County the City of Jacksonville.
232	(c)  The authority may further plan, coordinate, and
233	recommend to appropriate officers and agencies of federal,
234	state, and local governments methods and facilities for the
235	parking of vehicles, the movement of pedestrians, and
236	vehicular traffic (including bicycles), public and private, in
237	Duval County the City of Jacksonville, to accomplish a
238	coordinated transportation system for the greater Jacksonville
239	area. The authority may construct and operate passenger
240	terminals for the parking of automobiles and movement by
241	public conveyance of persons and construct and operate all
242	other facilities necessary to a complete and coordinated
243	transportation system in the Jacksonville area.
244	(d)  It is the express intention of this chapter that the
245	authority, in completing the construction of the Jacksonville
246	Expressway System, is not limited to the description thereof
247	contained in the proceedings of the commission which
248	authorized the issuance of $28 million in bonds to finance
249	part of the cost thereof, but it is authorized to finance and
250	construct any additional extensions, additions, or
251	improvements to the system, or appurtenant facilities,
252	including all necessary approaches, roads, bicycle ways,
253	bridges, and avenues of access, with such changes,
254	modifications, or revisions of the project as are deemed
255	desirable and proper. It is the intent of this chapter, and to
256	effect its purposes the Legislature determines, that bonds
257	issued under this chapter be deemed to be state capital
258	improvement bonds to finance or refinance the cost of state
259	capital projects pursuant to s. 11(d), Art. VII of the State
260	Constitution. However, the provisions of s. 316.091(2),
261	relating to bicycles, do not apply to this system.
262	(e)  In addition to the other powers set forth in this
263	chapter, the authority has the right to plan, develop,
264	finance, construct, own, lease, purchase, operate, maintain,
265	relocate, equip, repair, and manage those public
266	transportation projects, such as express bus services; bus
267	rapid transit services; light rail, commuter rail, heavy rail,
268	or other transit services; ferry services; transit stations;
269	park-and-ride lots; transit-oriented development nodes; or
270	feeder roads, reliever roads, connector roads, bypasses, or
271	appurtenant facilities, that are intended to address critical
272	transportation needs or concerns in the Jacksonville, Duval
273	County, metropolitan area. These projects may also include all
274	necessary approaches, roads, bridges, and avenues of access
275	that are desirable and proper with the concurrence of the
276	department, as applicable, if the project is to be part of the
277	State Highway System.
278	(f)(e)  The authority, in addition to the other powers
279	and duties provided, shall have the power and responsibility
280	to formulate and implement a plan for a mass transit system
281	which will serve Duval County and the consolidated City of
282	Jacksonville.
283	(2)  The authority is hereby granted, and shall have and
284	may exercise all powers necessary, appurtenant, convenient, or
285	incidental to the carrying out of the aforesaid purposes,
286	including, but without being limited to, the right and power:
287	(a)  To sue and be sued, implead and be impleaded, and
288	complain and defend in all courts.
289	(b)  To adopt, use, and alter at will a corporate seal.
290	(c)  To acquire, purchase, construct, hold, lease as
291	lessee or lessor, and use any franchise or any property, real,
292	personal, or mixed, tangible or intangible, or any interest
293	therein, necessary or desirable for carrying out the purposes
294	of the authority and to sell, lease as lessor, transfer, and
295	dispose of any property or interest therein at any time
296	acquired by it, including, without limitation, land,
297	buildings, and other facilities located within or comprising
298	transit-oriented developments which enhance the use or utility
299	of transportation facilities owned or constructed by the
300	authority and administrative and other buildings for the use
301	of the authority in carrying out its powers and obligations
302	granted in this chapter.
303	(d)  To enter into and make leases for terms not
304	exceeding 40 years, as either lessee or lessor, in order to
305	carry out the right to lease as set forth in this chapter.
306	(e)  To enter into and make lease-purchase agreements
307	with the department for terms not exceeding 40 years, or until
308	any bonds secured by a pledge of rentals thereunder, and any
309	refundings thereof, are fully paid as to both principal and
310	interest, whichever is longer.
311	(f)  To fix, alter, charge, establish, and collect rates,
312	fees, rentals, and other charges for the services and
313	facilities of the Jacksonville Expressway System and any other
314	transportation facilities of the authority, which rates, fees,
315	rentals, and other charges shall always be sufficient to
316	comply with any covenants made with the holders of any bonds
317	issued pursuant to this chapter; this right and power may be
318	assigned or delegated by the authority to the department.
319	(g)1.  To borrow money and make and issue negotiable
320	notes, bonds, refunding bonds, and other evidences of
321	indebtedness or obligations, either in temporary or definitive
322	form, (hereinafter in this chapter sometimes called "bonds"),
323	of the authority, for the purpose of funding or refunding, at
324	or prior to maturity, any bonds theretofore issued by the
325	authority, or by the Florida State Improvement Commission to
326	finance part of the cost of the Jacksonville Expressway
327	System, and purposes related thereto, and for the purpose of
328	financing or refinancing all or part of the costs of
329	completion, or improvement, or extension of the Jacksonville
330	Expressway System, and appurtenant facilities, including all
331	approaches, streets, roads, bridges, and avenues of access for
332	the Jacksonville Expressway System and for any other purpose
333	authorized by this chapter, such bonds to mature in not
334	exceeding 40 years from the date of the issuance thereof; and
335	to secure the payment of such bonds or any part thereof by a
336	pledge of any or all of its revenues, rates, fees, rentals, or
337	other charges, including all or any portion of the Duval
338	County gasoline tax funds received by the authority pursuant
339	to the terms of any lease-purchase agreement between the
340	authority and the department; and in general to provide for
341	the security of such bonds and the rights and remedies of the
342	holders thereof.
343	2.  In the event that the authority determines to fund or
344	refund any bonds theretofore issued by the authority, or by
345	the commission as aforesaid, prior to the maturity thereof,
346	the proceeds of such funding or refunding bonds shall, pending
347	the prior redemption of the bonds to be funded or refunded, be
348	invested in direct obligations of the United States; and it is
349	the express intention of this chapter that such outstanding
350	bonds may be funded or refunded by the issuance of bonds
351	pursuant to this chapter notwithstanding that part of such
352	outstanding bonds will not mature or become redeemable until 6
353	years after the date of issuance of bonds pursuant to this
354	chapter to fund or refund such outstanding bonds.
355	(h)  To make contracts of every name and nature and to
356	execute all instruments necessary or convenient for the
357	carrying on of its business.
358	(i)  Without limitation of the foregoing, to borrow money
359	and accept grants from, and to enter into contracts, leases,
360	or other transactions with, any federal agency, the state, any
361	agency of the state, the County of Duval, the City of
362	Jacksonville, or any other public body of the state and to
363	make purchases under government contracts, whether with a
364	federal, state, or local governmental entity.
365	(j)  To have the power of eminent domain, including the
366	procedural powers granted under chapters 73 and 74.
367	(k)  To pledge, hypothecate, or otherwise encumber all or
368	any part of the revenues, rates, fees, rentals, or other
369	charges or receipts of the authority, including all or any
370	portion of the Duval County gasoline tax funds received by the
371	authority pursuant to the terms of any lease-purchase
372	agreement between the authority and the department, as
373	security for all or any of the obligations of the authority.
374	(l)  To do all acts and things necessary or convenient
375	for the conduct of its business and the general welfare of the
376	authority, in order to carry out the powers granted to it by
377	this chapter or any other law.
378	(m)  To invest and to borrow money and make and issue
379	negotiable notes, bonds, refunding bonds, and other evidences
380	of indebtedness or obligations, either in temporary or
381	definitive form, of the authority for the purpose of financing
382	or refinancing all or a part of funding or refunding the cost
383	of the acquisition or improvement of transportation facilities
384	motor or street railway vehicles, passenger terminals,
385	automobile parking facilities, or administrative offices and
386	for any other purposes authorized by this chapter, such bonds
387	to mature in not exceeding 40 years from the date of the
388	issuance thereof; to secure the payment of such bonds or any
389	part thereof by a pledge of any or all of its revenues, rates,
390	fees, rentals, or other charges, including, without
391	limitation, all or any portion of local option taxes or county
392	gasoline tax funds received by the authority; and in general
393	to provide for the security of such bonds and the rights and
394	remedies of the holders thereof.
395	(n)  To adopt rules to carry out the powers and
396	obligations herein granted, which set forth a purpose,
397	necessary definitions, forms, general conditions and
398	procedures, and fines and penalties, including, without
399	limitation, suspension or debarment, and charges for
400	nonperformance, with respect to any aspect of the work or
401	function of the authority for the permitting, planning,
402	funding, design, acquisition, construction, equipping,
403	operation, and maintenance of transportation facilities,
404	transit and highway, within the state, provided or operated by
405	the authority or others in cooperation with or at the
406	direction of the authority, and for carrying out all other
407	purposes of the authority set forth or authorized in this
408	chapter.
409	(o)  To establish and fund reserve accounts with respect
410	to its operations and functions, make withdrawals therefrom,
411	and replenish such accounts, as the governing body may
412	reasonably determine.
413	(p)  To adopt and approve an annual budget, and to
414	utilize purchasing schedules and master purchasing contracts
415	of the state or any federal agency, to the extent permitted by
416	law.
417	(q)  To retain legal counsel and financial, engineering,
418	real estate, accounting, design, planning, and other
419	consultants from time to time as the authority may determine
420	to assist in the carrying out of the powers and obligations
421	granted in this chapter.
422	(r)  With the consent of the county within whose
423	jurisdiction the following activities occur, to construct,
424	own, operate, and maintain transportation facilities outside
425	the jurisdictional boundaries of Duval County, with all
426	necessary and incidental powers to accomplish the foregoing.
427	(s)  To form, alone or with one or more other agencies of
428	the state or local governments, public benefit corporations to
429	carry out the powers and obligations granted in this chapter
430	or the powers and obligations of such other agencies or local
431	governments.
432	(t)  To require or elect not to require bid bonds and
433	protest bonds, to prequalify bidders or proposers in various
434	categories of work or services, and to suspend or debar
435	consultants and contractors in accordance with the rules of
436	the authority.
437	(u)  To create and operate an employees' benefit fund for
438	employees of the authority or public benefit corporations
439	controlled by it. The proceeds of vending machines located on
440	the premises of the authority or such corporations shall be
441	paid into the fund and used for such benefits and purposes as
442	the authority may determine.
443	(3)  The authority shall have no power at any time or in
444	any manner to pledge the credit or taxing power of the state
445	or any political subdivision or agency thereof; nor shall any
446	of the obligations of the authority be deemed to be
447	obligations of the state or of any political subdivision or
448	agency thereof; nor shall the state or any political
449	subdivision or agency thereof, except the authority, be liable
450	for the payment of the principal of, or interest on, such
451	obligations. However, this provision is not applicable to the
452	type or manner of financing authorized by s. 9(c)(5), Art. XII
453	of the State Constitution, as amended, and laws enacted
454	pursuant thereto.
455	(4)  By a resolution of its governing body, the authority
456	may expand its service area and enter into a partnership with
457	any county that is contiguous to the then-current service area
458	of the authority. The governing body shall determine the
459	conditions and terms of the partnership, except as provided in
460	this section. However, the authority may not expand its
461	service area without the consent of the governing body
462	representing the proposed expansion area.
463	(5)  Except as otherwise expressly provided in this
464	chapter, none of the powers and obligations herein granted to
465	the authority shall be subject to the supervision or require
466	the approval or consent of any municipality or county, except
467	as may be agreed upon by the authority in an interlocal
468	agreement with a municipality or county.
469	(6)  No oral modification of a contract, whether for
470	construction of highway facilities or other transportation
471	facilities, shall be binding upon the authority or form the
472	basis for a claim against the authority. Only the chair of the
473	governing body or executive director of the authority, or the
474	designee of either, may bind the authority. In addition to any
475	provisions for liquidated damages for delay by contractors in
476	construction of transportation facilities for the authority,
477	the authority may also recover from the contractor amounts
478	owing or paid by the authority for damages suffered by third
479	parties as a result of the contractor's failure to complete
480	the project within the time stipulated in the contract, as
481	amended by the authority. In all cases in which damages to the
482	authority for delay are not specified by contract as a
483	liquidated amount, the measure of such damages shall be based
484	upon an analysis of the cost savings, in travel time and
485	travel costs, to the traveling public for transportation
486	facilities that are not revenue-producing.
487	(7)  The authority shall be deemed to be an "authority"
488	for purposes of s. 337.403, shall have all of the powers
489	granted to authorities under s. 337.403, and shall have the
490	powers granted to the Department of Transportation under s.
491	337.274 with respect to its powers and obligations granted in
492	this chapter.
493	Section 4.  Section 349.041, Florida Statutes, is amended
494	to read:
495	349.041  Provision of funds and services by city to
496	authority; employment of legal counsel.--
497	(1)  The authority shall prepare and submit annually its
498	requests for such funds as it may require from the city for
499	the ensuing year to the council of the city on or before June
500	1, setting forth its estimated gross revenues and requirements
501	with respect to the activities or transportation facilities
502	for which funds of the city are sought estimated requirements
503	for operations, maintenance expenses, and debt service. A copy
504	of such requests shall be furnished to the Department of
505	Transportation. The council and the mayor of the City of
506	Jacksonville may appropriate such funds as they deem
507	appropriate for the use of the authority.
508	(2)  Except as the council may provide, and except as
509	otherwise required by any trust indenture outstanding on
510	September 1, 1971, the authority shall utilize, on a cost-
511	accounted basis, the central services of the city, and shall
512	pay therefor. The authority may, however, employ legal counsel
513	it deems necessary, upon resolution of the authority.
514	Section 5.  Section 349.042, Florida Statutes, is
515	repealed.
516	Section 6.  Section 349.043, Florida Statutes, is created
517	to read:
518	349.043  Public hearings for transportation
519	facilities.--Transportation facilities may not be designated
520	or relocated by the authority, nor may substantive changes be
521	made thereto, until after a public hearing is conducted by the
522	authority. Any interested party shall have the opportunity to
523	be heard either in person or by counsel and to introduce
524	testimony in such person's behalf at the hearing. Reasonable
525	notice of each such public hearing shall be published in a
526	newspaper of general circulation in each county directly
527	affected by the proposed transportation facility not less than
528	14 days prior to the hearing. In addition, the authority shall
529	comply with all applicable federal requirements related to new
530	or altered transportation facilities or services.
531	Section 7.  Section 349.05, Florida Statutes, is amended
532	to read:
533	349.05  Bonds of the authority; bonds not debt or pledges
534	of credit of state.--
535	(1)(a)  Bonds may be issued on behalf of the authority
536	pursuant to the State Bond Act or, alternatively, the
537	authority may issue bonds pursuant to paragraph (b).
538	(b)1.  The bonds of the authority issued pursuant to the
539	provisions of this chapter, whether an original issuance or on
540	refunding, shall be authorized by resolution of the members
541	thereof and may be issued in one or more series, may be either
542	term or serial bonds, and shall bear such date or dates, be
543	payable on demand or mature at such time or times, not
544	exceeding 40 years from their respective dates, bear interest,
545	fixed or variable, at such rate or rates, not exceeding the
546	maximum lawful interest rate payable semiannually, be in such
547	denominations, be in such form, either coupon or fully
548	registered, carry such registration, exchangeability, and
549	interchangeability privileges, be payable in such medium of
550	payment and at such place or places, be subject to such terms
551	of redemption, with or without premium, and other terms, have
552	such rank, and be entitled to such remedies and priorities on
553	the revenues, rates, fees, rentals, or other charges or
554	receipts of the authority including all or any portion of
555	local option sales tax or the Duval county gasoline tax funds
556	received by the authority pursuant to the terms of any lease-
557	purchase agreement between the authority and the department,
558	as the authority may determine such resolution or any
559	resolution subsequent thereto may provide. The bonds shall be
560	executed either by manual or facsimile signature by such
561	officers as the authority shall determine, provided that such
562	bonds shall bear at least one signature that which is manually
563	executed thereon, and the coupons attached to such bonds shall
564	bear the facsimile signature or signatures of such officer or
565	officers as shall be designated by the authority and shall
566	have the seal of the authority affixed, imprinted, reproduced,
567	or lithographed thereon, all as may be prescribed in such
568	resolution or resolutions.
569	2.(b)  Such bonds shall be sold at public or private sale
570	at such price or prices as the authority determines to be in
571	its best interest, except that the interest costs to the
572	authority on such bonds may not exceed the maximum lawful
573	interest rate. The authority shall provide a specific finding
574	by resolution as to the reason requiring any negotiated sale
575	must be sold at public sale in the manner provided by the
576	State Bond Act. However, if the authority, by official action
577	at a public meeting, determines that a negotiated sale of the
578	bonds is in the best interest of the authority, the authority
579	may negotiate for sale of the bonds with the underwriter or
580	underwriters designated by the authority and the Division of
581	Bond Finance of the State Board of Administration. Pending the
582	preparation of definitive bonds, interim certificates may be
583	issued to the purchaser or purchasers of such bonds and may
584	contain such terms and conditions as the authority may
585	determine.
586	3.  The authority may issue bonds pursuant to this
587	paragraph to refund any bonds previously issued regardless of
588	whether the bonds being refunded were issued by the authority
589	pursuant to this chapter or on behalf of the authority
590	pursuant to the State Bond Act.
591	(2)  Any such resolution or resolutions authorizing any
592	bonds hereunder may contain provisions, and valid and legally
593	binding covenants of the authority, which shall be part of the
594	contract with the holders of such bonds, as to:
595	(a)  The pledging of all or any part of the revenues,
596	rates, fees, rentals, including the sales surtax adopted
597	pursuant to s. 212.055(1) (including all or any portion of the
598	Duval county gasoline tax funds received by the authority
599	pursuant to the terms of any lease-purchase agreement between
600	the authority and the department, or any part thereof), or
601	other charges or receipts of any nature of the authority,
602	whether or not derived by the authority from the Jacksonville
603	Expressway System or its other transportation facilities;
604	(b)  The completion, improvement, operation, extension,
605	maintenance, repair, lease, or lease-purchase agreement of
606	said system or transportation facilities, and the duties of
607	the authority and others, including the department, with
608	reference thereto;
609	(c)  Limitations on the purposes to which the proceeds of
610	the bonds, then or thereafter to be issued, or of any loan or
611	grant, by the United States or the state may be applied;
612	(d)  The fixing, charging, establishing, and collecting
613	of rates, fees, rentals, or other charges for use of the
614	services and facilities of the Jacksonville Expressway System
615	or any part thereof or its other transportation facilities;
616	(e)  The setting aside of reserves or sinking funds or
617	repair and replacement funds and the regulation and
618	disposition thereof;
619	(f)  Limitations on the issuance of additional bonds;
620	(g)  The terms and provisions of any lease-purchase
621	agreement, deed of trust, or indenture securing the bonds, or
622	under which the same may be issued; and
623	(h)  Any other or additional provisions, covenants, and
624	agreements with the holders of the bonds which the authority
625	may deem desirable and proper.
626	(3)  The authority may employ fiscal agents as provided
627	by this chapter or the State Board of Administration may, upon
628	request by the authority, act as fiscal agent for the
629	authority in the issuance of any bonds that may be issued
630	pursuant to this chapter, and the State Board of
631	Administration may, upon request by the authority, take over
632	the management, control, administration, custody, and payment
633	of any or all debt services or funds or assets now or
634	hereafter available for any bonds issued pursuant to this
635	chapter. The authority may enter into deeds of trust,
636	indentures, or other agreements with a corporate trustee or
637	trustees, which shall act as its fiscal agent for the
638	authority and may be, or with any bank or trust company within
639	or without the state, as security for such bonds, and may,
640	under such agreements, assign and pledge all or any of the
641	revenues, rates, fees, rentals, or other charges or receipts
642	of the authority, including all or any portion of local option
643	taxes or the Duval county gasoline tax funds received by the
644	authority pursuant to the terms of any lease-purchase
645	agreement between the authority and the department,
646	thereunder. Such deed of trust, indenture, or other agreement,
647	may contain such provisions as are is customary in such
648	instruments or, as the authority may authorize, including, but
649	without limitation, provisions as to:
650	(a)  The completion, improvement, operation, extension,
651	maintenance, repair, and lease of, or lease-purchase agreement
652	relating to, all or any part of transportation facilities
653	authorized in this chapter to be constructed, acquired,
654	developed, or operated by the authority the Jacksonville
655	Expressway System, and the duties of the authority and others,
656	including the department, with reference thereto;
657	(b)  The application of funds and the safeguarding of
658	funds on hand or on deposit;
659	(c)  The rights and remedies of the trustee and the
660	holders of the bonds; and
661	(d)  The terms and provisions of the bonds or the
662	resolutions authorizing the issuance of the same.
663	(4)  Any of the bonds issued pursuant to this chapter
664	are, and are hereby declared to be, negotiable instruments,
665	and shall have all the qualities and incidents of negotiable
666	instruments under the law merchant and the negotiable
667	instruments law of the state.
668	(5)  Notwithstanding any of the provisions of this
669	chapter, each project, building, or facility that which has
670	been financed by the issuance of bonds or other evidences of
671	indebtedness under this chapter and any refinancing thereof is
672	hereby approved as provided for in s. 11(f), Art. VII of the
673	State Constitution.
674	(6)  Revenue bonds issued under the provisions of this
675	chapter are not debts of the state or pledges of the faith and
676	credit of the state. Such bonds are payable exclusively from
677	revenues pledged for their payment. Each such bond shall
678	contain a statement on its face that the state is not
679	obligated to pay the same or the interest thereon, except from
680	the revenues pledged for their payment, and that the faith and
681	credit of the state is not pledged to the payment of the
682	principle or interest of such bond. The issuance of revenue
683	bonds under the provisions of this chapter does not directly,
684	indirectly, or contingently obligate the state to levy or to
685	pledge any form of taxation whatsoever or to make any
686	appropriation for their payment.
687	Section 8.  Section 349.06, Florida Statutes, is
688	repealed.
689	Section 9.  Section 349.061, Florida Statutes, is created
690	to read:
691	349.061  Bond financing authority.--Pursuant to s. 11(f),
692	Art. VII of the State Constitution, the Legislature hereby
693	approves for bond financing by the authority any extensions,
694	additions, and improvements to the Jacksonville Expressway
695	System and any other facilities appurtenant, necessary, or
696	incidental to the system or any transportation facilities
697	herein authorized to be constructed, acquired, or operated by
698	the authority. Subject to terms and conditions of applicable
699	revenue bond resolutions and covenants, such costs may be
700	financed in whole or in part by revenue bonds issued pursuant
701	to s. 349.05(1)(a) or (b), whether currently issued or issued
702	in the future, or by a combination of such bonds.
703	Section 10.  Subsection (7) of section 349.07, Florida
704	Statutes, is amended to read:
705	349.07  Lease-purchase agreement.--
706	(7)  Regardless of whether the authority enters into a
707	lease-purchase agreement with the department relating to the
708	system or any part thereof, the Said system shall be a part of
709	the State Highway road System and the said department is
710	hereby authorized, upon the request of the authority, to
711	expend out of any funds available for the purpose such moneys,
712	and to use such of its engineering and other forces, as may be
713	necessary and desirable in the judgment of the said
714	department, for the operation of the said authority and for
715	traffic surveys, borings, surveys, preparation of plans and
716	specifications, estimates of cost, and other preliminary
717	engineering and other studies; provided, however, that the
718	aggregate amount of moneys expended for said purposes by said
719	department shall not exceed the sum of $375,000.
720	Section 11.  Section 349.10, Florida Statutes, is amended
721	to read:
722	349.10  Acquisition of lands and property.--
723	(1)  For the purposes of this chapter, law the
724	Jacksonville Transportation Authority may acquire private or
725	public property and property rights, including rights of
726	access, air, view, and light, by gift, devise, purchase, or
727	condemnation by eminent domain proceedings, as the authority
728	may deem necessary, including, but not limited to, any lands
729	reasonably necessary for securing applicable permits, areas
730	necessary for management of access, borrow pits, drainage
731	ditches, water retention areas, rest areas, replacement access
732	for landowners whose access is impaired due to the
733	construction of transportation facilities, and replacement
734	rights-of-way for relocated rail and utility facilities, and
735	areas necessary for existing, proposed, or anticipated
736	transportation facilities or in a transportation corridor
737	designated by the authority. The authority shall also have the
738	power to condemn any material and property necessary for such
739	for any of the purposes of this chapter. The right of eminent
740	domain herein conferred shall be exercised by the authority in
741	the manner provided by law.
742	(2)  The authority may acquire such rights, title,
743	interest, or easements in such lands as it may deem necessary
744	for any of the purposes of this chapter.
745	(3)  In connection with the acquisition of property or
746	property rights as herein provided, the authority may in its
747	discretion acquire an entire lot, block, or tract of land, if
748	by so doing the interests of the public will be best served,
749	even though said entire lot, block, or tract is not
750	immediately needed for the right-of-way proper.
751	(4)  When the authority acquires property for a
752	transportation facility or in a transportation corridor, it is
753	not subject to any liability imposed by chapter 376 or chapter
754	403 for preexisting soil or groundwater contamination due
755	solely to its ownership. This section does not affect the
756	rights or liabilities of any past or future owners of the
757	acquired property nor does it affect the liability of any
758	governmental entity for the results of its actions that create
759	or exacerbate a pollution source. The authority and the
760	Department of Environmental Protection may enter into
761	interagency agreements for the performance, funding, and
762	reimbursement for the costs of the investigative and remedial
763	acts necessary for property acquired by the authority.
764	Section 12.  Section 349.12, Florida Statutes, is amended
765	to read:
766	349.12  Covenant of the state.--The state does hereby
767	pledge to, and agree agrees, with any person, firm or
768	corporation, or federal or state agency subscribing to, or
769	acquiring the bonds to be issued by the authority for the
770	purposes of this chapter that the state will not limit or
771	alter the rights hereby vested in the authority and the
772	department until all bonds at any time issued, together with
773	the interest thereon, are fully paid and discharged insofar as
774	the same affects the rights of the holders of bonds issued
775	hereunder. The state does further pledge to, and agree, with
776	the United States and any federal agency that, in the event
777	that any federal agency shall construct or contribute any
778	funds for the completion, extension, or improvement of the
779	Jacksonville Expressway System or other transportation
780	facilities of the authority, or any part or portion thereof,
781	the state will not alter or limit the rights and powers of the
782	authority and the department in any manner that which would be
783	inconsistent with the continued maintenance and operation of
784	the Jacksonville Expressway System or other transportation
785	facilities of the authority or the completion, extension, or
786	improvement thereof, or that which would be inconsistent with
787	the due performance of any agreements between the authority
788	and any such federal agency, and the authority and the
789	department shall continue to have and may exercise all powers
790	herein granted, so long as the same shall be necessary or
791	desirable for the carrying out of the purposes of this chapter
792	and the purposes of the United States in the completion,
793	extension, or improvement of the Jacksonville Expressway
794	System or other transportation facilities of the authority, or
795	any part or portion thereof.
796	Section 13.  Section 349.13, Florida Statutes, is amended
797	to read:
798	349.13  Exemption from taxation.--The effectuation of the
799	authorized purposes of the authority created under this
800	chapter is, shall and will be, in all respects for the benefit
801	of the people of the state, for the increase of their commerce
802	and prosperity, and for the improvement of their health and
803	living conditions, and since such authority will be performing
804	essential governmental functions in effectuating such
805	purposes, such authority shall not be required to pay any
806	taxes or assessments of any kind or nature whatsoever upon any
807	property acquired or used by it for such purposes, or upon any
808	rates, fees, rentals, receipts, income, or charges at any time
809	received by it, and the bonds and other obligations issued
810	under this chapter by the authority, their transfer and the
811	income therefrom, (including any profits made on the sale
812	thereof), shall at all times be free from taxation of any kind
813	by the state, or by any political subdivision, or taxing
814	agency or instrumentality thereof. The exemption granted by
815	this section shall not be applicable to any tax imposed by
816	chapter 220 on interest, income, or profits on debt
817	obligations owned by corporations. When property of the
818	authority is leased, it shall be exempt from ad valorem taxes
819	only if the use by the lessee qualifies the property for
820	exemption under s. 196.199.
821	Section 14.  Section 349.15, Florida Statutes, is amended
822	to read:
823	349.15  Remedies; pledges enforceable by
824	bondholders.--Any holder of bonds issued under this chapter,
825	except to the extent such rights may be restricted by the
826	resolution, deed of trust, indenture, or other proceeding
827	relating to the issuance of such bonds, may by civil action,
828	mandamus, or other appropriate action, suit, or proceeding in
829	law or in equity, in any court of competent jurisdiction,
830	protect and enforce any and all rights of such bondholder
831	granted under the proceedings authorizing the issuance of such
832	bonds and enforce any pledge made for payment of the principal
833	and interest on bonds, or any covenant or agreement relative
834	thereto, against the authority or directly against the
835	department, as may be appropriate. It is the express intention
836	of this chapter that any pledge by the department of rates,
837	fees, revenues, Duval county gasoline tax funds, or other
838	funds, as rentals, to the authority or any covenants or
839	agreements relative thereto may be enforceable in any court of
840	competent jurisdiction against the authority or directly
841	against the department by any holder of bonds issued by the
842	authority.
843	Section 15.  Section 349.17, Florida Statutes, is amended
844	to read:
845	349.17  Chapter complete and additional authority.--
846	(1)  The powers conferred by this chapter shall be in
847	addition and supplemental to the existing powers of said board
848	and the Department of Transportation, and this chapter shall
849	not be construed as repealing any of the provisions of any
850	other law, general, special, or local, but to supersede such
851	other laws in the exercise of the powers provided in this
852	chapter, and to provide a complete method for the exercise of
853	the powers granted in this chapter. The refunding of any of
854	the bonds of Florida State Improvement Commission heretofore
855	issued to finance part of the cost of said Jacksonville
856	Expressway System, and the completion, extension, and
857	improvement of said system, and the issuance of bonds
858	hereunder to finance all or part of the cost thereof, may be
859	accomplished upon compliance with the provisions of this
860	chapter without regard to or necessity for compliance with the
861	provisions, limitations, or restrictions contained in any
862	other general, special, or local law, including, without
863	limitation, s. 215.821, and no approval of any bonds issued
864	under this chapter by the qualified electors or qualified
865	electors who are freeholders in the state or in said County of
866	Duval, or in said City of Jacksonville, or in any other
867	political subdivision of the state, shall be required for the
868	issuance of such bonds pursuant to this chapter.
869	(2)  This chapter shall not be deemed to repeal, rescind,
870	or modify any other law or laws relating to said State Board
871	of Administration, said Department of Transportation, or said
872	Florida State Improvement Commission, but shall be deemed to
873	and shall supersede such other law or laws in the exercise of
874	the powers provided in this chapter insofar as such other law
875	or laws are inconsistent with the provisions of this chapter,
876	including, without limitation, s. 215.821.
877	Section 16.  Section 349.21, Florida Statutes, is amended
878	to read:
879	349.21  Powers conferred by s.
880	212.055(1).--Notwithstanding any other provision of law, any
881	transportation authority created by this chapter shall have
882	all the powers conferred by s. 212.055(1). The revenues
883	provided by this section may shall be used or pledged as set
884	forth in s. 212.055(1), including to pay principal and
885	interest on bonds issued to refinance existing bonds or new
886	bonds issued for the construction of rapid transit systems,
887	bus systems, roads, or bridges, as provided in s. 212.055(1)
888	for which tolls have been pledged. The powers provided by this
889	section shall expire when all such bonds in existence on the
890	effective date of this act have been retired.
891	Section 17.  Section 349.22, Florida Statutes, is created
892	to read:
893	349.22  Public-private transportation facilities.--
894	(1)  The authority may receive or solicit proposals and
895	enter into agreements with private entities or consortia
896	thereof for the building, operation, ownership, or financing
897	of highways, bridges, multimodal transportation systems,
898	transit-oriented development nodes, transit stations, or
899	related transportation facilities. Before approval, the
900	authority must determine that a proposed project:
901	(a)  Is in the public's best interest.
902	(b)  Would not require state funds to be used unless the
903	project is on or provides increased mobility on the State
904	Highway System.
905	(c)  Would have adequate safeguards to ensure that
906	additional costs or unreasonable service disruptions would not
907	be realized by the traveling public and citizens of the state
908	in the event of default or cancellation of the agreement by
909	the authority.
910	(2)  The authority shall ensure that all reasonable costs
911	to the state related to transportation facilities that are not
912	part of the State Highway System are borne by the private
913	entity or any partnership created to develop the facilities.
914	The authority shall also ensure that all reasonable costs to
915	the state and substantially affected local governments and
916	utilities related to the private transportation facility are
917	borne by the private entity for transportation facilities that
918	are owned by private entities. For projects on the State
919	Highway System or that provide increased mobility on the State
920	Highway System, the department may use state resources to
921	participate in funding and financing the project as provided
922	for under the department's enabling legislation.
923	(3)  The authority may request proposals and receive
924	unsolicited proposals for public-private transportation
925	projects and, upon receipt of any unsolicited proposal or
926	determination to issue a request for proposals, the authority
927	must publish a notice in the Florida Administrative Weekly and
928	a newspaper of general circulation in the county in which the
929	proposed project is located at least once a week for 2 weeks
930	requesting proposals or, if an unsolicited proposal was
931	received, stating that it has received the proposal and will
932	accept, for 60 days after the initial date of publication,
933	other proposals for the same project purpose. A copy of the
934	notice must be mailed to each local government in the affected
935	areas. After the public notification period has expired, the
936	authority shall rank the proposals in order of preference. In
937	ranking the proposals, the authority shall consider
938	professional qualifications, general business terms,
939	innovative engineering or cost-reduction terms, finance plans,
940	and the need for state funds to deliver the proposal. If the
941	authority is not satisfied with the results of the
942	negotiations, it may, at its sole discretion, terminate
943	negotiations with the proposer. If these negotiations are
944	unsuccessful, the authority may go to the second and lower-
945	ranked firms, in order, using the same procedure. If only one
946	proposal is received, the authority may negotiate in good
947	faith and, if it is not satisfied with the results, it may, at
948	its sole discretion, terminate negotiations with the proposer.
949	Notwithstanding this subsection, the authority may, at its
950	discretion, reject all proposals at any point in the process
951	up to completion of a contract with the proposer.
952	(4)  Agreements entered into pursuant to this section may
953	authorize the public-private entity to impose tolls or fares
954	for the use of the transportation facility. However, the
955	amount and use of toll or fare revenues shall be regulated by
956	the authority to avoid unreasonable costs to users of the
957	facility.
958	(5)  Each public-private transportation facility
959	constructed pursuant to this section shall comply with all
960	requirements of federal, state, and local laws; state,
961	regional, and local comprehensive plans; the authority's
962	rules, policies, procedures, and standards for transportation
963	facilities; and any other conditions that the authority
964	determines to be in the public's best interest.
965	(6)  The authority may exercise any of its powers,
966	including eminent domain, to facilitate the development and
967	construction of transportation projects pursuant to this
968	section. The authority may pay all or part of the cost of
969	operating and maintaining the facility or may provide services
970	to the private entity, for which services it shall receive
971	full or partial reimbursement.
972	(7)  Except as provided in this section, this section is
973	not intended to amend existing law by granting additional
974	powers to or imposing further restrictions on the governmental
975	entities with regard to regulating and entering into
976	cooperative arrangements with the private sector for the
977	planning, construction, and operation of transportation
978	facilities.
979	Section 18.  This act shall take effect July 1, 2008.

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