CS/HB 1213

1
A bill to be entitled
2An act relating to the Jacksonville Transportation
3Authority; amending s. 349.02, F.S.; revising definitions;
4defining the term "transportation facilities"; amending s.
5349.03, F.S.; revising a requirement for membership on the
6governing body of the authority to provide that an
7appointed member must be a resident and elector of Duval
8County; amending s. 349.04, F.S.; revising scope of the
9authority to include certain services throughout Duval
10County; revising authority, powers, rights, and
11responsibilities of the authority to provide for planning,
12coordinating, developing, financing, refinancing,
13constructing, owning, leasing, purchasing, operating,
14maintaining, relocating, equipping, repairing, and
15managing described transportation projects intended to
16address needs or concerns in the Jacksonville, Duval
17County, metropolitan area; revising bonding provisions;
18providing for the authority to fix, alter, charge,
19establish, and collect rates, fees, rentals, and other
20charges for any transportation facilities of the
21authority; revising eminent domain provisions to include
22specified procedural powers; authorizing use of local
23option taxes or county gasoline tax funds to secure the
24payment of bonds; authorizing the authority to establish
25and fund reserve accounts, adopt an annual budget, use
26purchasing schedules and master purchasing contracts,
27retain legal counsel and other consultants, construct and
28own and maintain transportation facilities outside the
29jurisdictional boundaries of Duval County, form public
30benefit corporations, require bid bonds and protest bonds,
31prequalify bidders or proposers, suspend or debar
32consultants and contractors, and create and operate an
33employees' benefit fund; providing for the authority to
34expand its service area and enter into a partnership with
35a contiguous county; providing that the powers and
36obligations of the authority shall not be subject to
37supervision, approval, or consent of any municipality or
38county except as agreed upon in an interlocal agreement;
39providing for certain contractual limitations and recovery
40of liquidated damages; providing for relocation of utility
41facilities interfering with transportation projects;
42authorizing the authority to enter lands, waters, and
43premises of another in the performance of its duties;
44amending s. 349.041, F.S.; revising provisions for funds
45appropriated by the City of Jacksonville to the authority;
46repealing s. 349.042, F.S., relating to the Jacksonville
47area planning board review of construction and operation
48of the expressway and transit functions of the authority;
49creating s. 349.043, F.S.; requiring a public hearing
50prior to designation or relocation of transportation
51facilities or substantive changes thereto; providing
52procedures; requiring compliance with federal and state
53requirements related to new or altered transportation
54facilities or services; amending s. 349.05, F.S.;
55authorizing bonds to be issued on behalf of the authority;
56revising provisions for issuance and sale of bonds;
57authorizing certain refunding bonds; revising provisions
58for resolutions authorizing bonds; revising provisions for
59fiscal agents; providing that bonds are not obligations of
60the state; repealing s. 349.06, F.S., relating to remedies
61of the bondholders; creating s. 349.061, F.S.; providing
62approval for bond financing by the authority; amending s.
63349.07, F.S.; revising provisions authorizing the
64Department of Transportation to expend certain funds and
65use its resources for certain items related to the
66Jacksonville Expressway System; amending s. 349.10, F.S.;
67revising provisions for the authority to acquire lands and
68rights therein; limiting liability of the authority with
69respect to certain contamination of lands acquired;
70authorizing the authority and the Department of
71Environmental Protection to enter into agreements for the
72performance and funding of investigative and remedial
73acts; amending s. 349.12, F.S.; revising covenant of the
74state related to bonds of the authority; amending s.
75349.13, F.S.; specifying conditions under which property
76leased by the authority is exempt from ad valorem taxes;
77amending s. 349.15, F.S.; revising provisions for
78enforcement of rights by bondholders; amending s. 349.17,
79F.S.; revising provisions for application of and exemption
80from other laws relating to issuance of bonds; amending s.
81349.21, F.S.; revising provisions for use of charter
82county transit system surtax funds to secure payment of
83bonds of the authority; restricting use of surtax moneys
84collected within Duval County; creating s. 349.22, F.S.;
85providing conditions for the authority to receive or
86solicit proposals and enter into agreements with private
87entities for the building, operation, ownership, or
88financing of highways, bridges, multimodal transportation
89systems, transit-oriented development nodes, transit
90stations, or related transportation facilities; requiring
91certain costs to be paid by the private entity;
92authorizing the department to use state funds for projects
93on or that increase mobility on the State Highway System;
94requiring notice of proposals and providing procedures;
95providing for agreements to authorize the imposition of
96tolls; requiring public-private transportation facilities
97to comply with laws, comprehensive plans, and the
98authority's rules, policies, procedures, standards, and
99conditions; authorizing the authority to exercise its
100powers to facilitate public-private projects; providing
101for application; amending s. 20.23, F.S.; revising the
102functions of the Florida Transportation Commission; adding
103the authority to the transportation agencies monitored by
104the commission; providing an effective date.
105
106Be It Enacted by the Legislature of the State of Florida:
107
108     Section 1.  Section 349.02, Florida Statutes, is amended to
109read:
110     349.02  Definitions.--
111     (1)  Except in those instances where the context clearly
112indicates otherwise, whenever used or referred to in this
113chapter, the following terms whenever used or referred to in
114this law shall have the following meanings, except in those
115instances where the context clearly indicates otherwise:
116     (a)(1)  The term "Authority" means shall mean the body
117politic and corporate, an agency of the state created by this
118chapter.
119     (b)(2)  The term "Members" means shall mean the governing
120body of the authority, and the term "member" means shall mean
121one of the individuals constituting such governing body.
122     (c)(3)  The term "Bonds" means and includes shall mean and
123include the notes, bonds, refunding bonds, or other evidences of
124indebtedness or obligations, in either temporary or definitive
125form, that which the authority is authorized to issue pursuant
126to this chapter.
127     (d)(4)  The term "Lease-purchase agreement" means shall
128mean the lease-purchase agreements that which the authority is
129authorized pursuant to this chapter to enter into with the
130department of Transportation.
131     (e)(5)  The term "Department" means shall mean the
132Department of Transportation existing under chapters 334-339.
133     (f)(6)  The terms "Florida State Improvement Commission" or
134"commission" means shall mean the state agency created,
135organized, and existing under and by virtue of the provisions of
136former chapter 420, or the successor thereto, chapter 29788,
137Acts of 1955, now chapter 288.
138     (g)(7)  The term "County" means shall mean the County of
139Duval.
140     (h)(8)  The term "City" means shall mean the City of
141Jacksonville.
142     (i)(9)  The term "State Board of Administration" means
143shall mean the body corporate existing under the provisions of
144s. 9, Art. XII of the State Constitution, or any successor
145thereto.
146     (j)(10)  The term "Agency of the state" means and includes
147shall mean and include the state and any department of the
148state, the authority, or any corporation, agency, or
149instrumentality heretofore or hereafter created, designated, or
150established by, the state.
151     (k)(11)  The term "Federal agency" means and includes shall
152mean and include the United States, the President of the United
153States, and any department of the United States, or any
154corporation, agency, or instrumentality heretofore or hereafter
155created, designated, or established by, the United States.
156     (l)(12)  The term "Duval County gasoline tax funds" means
157shall mean all the 80-percent surplus gasoline tax funds
158accruing in each year to the Department of Transportation for
159use in Duval County under the provisions of s. 9, Art. XII of
160the State Constitution, after deduction only of any amounts of
161said gasoline tax funds heretofore pledged by the department or
162the county for outstanding obligations.
163     (m)  "Transportation facilities" means and includes all
164mobile and fixed assets (real or personal property or rights
165therein) used in the transportation of persons or property by
166any means of conveyance whatsoever, and all appurtenances
167thereto, such as, but not limited to, highways; limited or
168controlled access lanes and facilities; docks, vessels,
169vehicles, fixed guideway facilities, and any means of conveyance
170of persons or property of all types; park-and-ride facilities;
171transit-related improvements adjacent to transit facilities or
172stations; bus, train, vessel, or other vehicle storage,
173cleaning, fueling, control, and maintenance facilities; and
174administrative and other office space for the exercise by the
175authority of the powers and obligations herein granted.
176     (2)(13)  Words importing singular number shall include the
177plural number in each case and vice versa, and words importing
178persons shall include firms and corporations.
179     Section 2.  Subsection (2) of section 349.03, Florida
180Statutes, is amended to read:
181     349.03  Jacksonville Transportation Authority.--
182     (2)  The governing body of the authority shall consist of
183seven members. Three members shall be appointed by the Governor
184and confirmed by the Senate. Three members shall be appointed by
185the mayor of the City of Jacksonville subject to confirmation by
186the council of the City of Jacksonville. The seventh member
187shall be the district secretary of the Department of
188Transportation serving in the district that contains the City of
189Jacksonville. Except for the seventh member, members shall be
190residents and qualified electors of Duval County the City of
191Jacksonville.
192     Section 3.  Section 349.04, Florida Statutes, is amended to
193read:
194     349.04  Purposes and powers.--
195     (1)(a)  The authority created and established by the
196provisions of this chapter is hereby granted and shall have the
197right to acquire, hold, construct, improve, maintain, operate,
198own, and lease in the capacity of lessor the Jacksonville
199Expressway System (hereinafter referred to as "system"),
200heretofore partially constructed or acquired by the Florida
201State Improvement Commission in the Jacksonville, Duval County,
202metropolitan area, as more specifically described in the
203proceedings of the commission which authorized the issuance of
204$28 million in bonds of the commission for such purpose, and as
205hereafter completed or improved or extended as authorized by
206this chapter, and all appurtenant facilities, including all
207approaches, streets, roads, bicycle paths, bridges, and avenues
208of access for the Jacksonville Expressway System, and to
209construct or acquire extensions, additions, and improvements to
210the system and to complete the construction and acquisition of
211the system.
212     (b)  The authority may, in addition, acquire, hold,
213construct, improve, operate, maintain, and lease in the capacity
214of lessor a mass transit system employing motor cars or buses;
215street railway systems beneath the surface, on the surface, or
216above the surface; or any other means determined useful to the
217rapid transfer of large numbers of people among the locations of
218residence, commerce, industry, and education in Duval County the
219City of Jacksonville.
220     (c)  The authority may further plan, coordinate, and
221recommend to appropriate officers and agencies of federal,
222state, and local governments methods and facilities for the
223parking of vehicles, the movement of pedestrians, and vehicular
224traffic (including bicycles), public and private, in Duval
225County the City of Jacksonville, to accomplish a coordinated
226transportation system for the greater Jacksonville area. The
227authority may construct and operate passenger terminals for the
228parking of automobiles and movement by public conveyance of
229persons and construct and operate all other facilities necessary
230to a complete and coordinated transportation system in the
231Jacksonville area.
232     (d)  It is the express intention of this chapter that the
233authority, in completing the construction of the Jacksonville
234Expressway System, is not limited to the description thereof
235contained in the proceedings of the commission which authorized
236the issuance of $28 million in bonds to finance part of the cost
237thereof, but it is authorized to finance and construct any
238additional extensions, additions, or improvements to the system,
239or appurtenant facilities, including all necessary approaches,
240roads, bicycle ways, bridges, and avenues of access, with such
241changes, modifications, or revisions of the project as are
242deemed desirable and proper. It is the intent of this chapter,
243and to effect its purposes the Legislature determines, that
244bonds issued under this chapter be deemed to be state capital
245improvement bonds to finance or refinance the cost of state
246capital projects pursuant to s. 11(d), Art. VII of the State
247Constitution. However, the provisions of s. 316.091(2), relating
248to bicycles, do not apply to this system.
249     (e)  In addition to the other powers set forth in this
250chapter, the authority has the right to plan, develop, finance,
251construct, own, lease, purchase, operate, maintain, relocate,
252equip, repair, and manage those public transportation projects,
253such as express bus services; bus rapid transit services; light
254rail, commuter rail, heavy rail, or other transit services;
255ferry services; transit stations; park-and-ride lots; transit-
256oriented development nodes; or feeder roads, reliever roads,
257connector roads, bypasses, or appurtenant facilities, that are
258intended to address critical transportation needs or concerns in
259the Jacksonville, Duval County, metropolitan area. These
260projects may also include all necessary approaches, roads,
261bridges, and avenues of access that are desirable and proper
262with the concurrence of the department, as applicable, if the
263project is to be part of the State Highway System.
264     (f)(e)  The authority, in addition to the other powers and
265duties provided, shall have the power and responsibility to
266formulate and implement a plan for a mass transit system that
267which will serve Duval County and the greater consolidated City
268of Jacksonville area.
269     (2)  The authority is hereby granted, and shall have and
270may exercise all powers necessary, appurtenant, convenient, or
271incidental to the carrying out of the aforesaid purposes,
272including, but without being limited to, the right and power:
273     (a)  To sue and be sued, implead and be impleaded, and
274complain and defend in all courts.
275     (b)  To adopt, use, and alter at will a corporate seal.
276     (c)  To acquire, purchase, construct, hold, lease as lessee
277or lessor, and use any franchise or any property, real,
278personal, or mixed, tangible or intangible, or any interest
279therein, necessary or desirable for carrying out the purposes of
280the authority and to sell, lease as lessor, transfer, and
281dispose of any property or interest therein at any time acquired
282by it, including, without limitation, land, buildings, and other
283facilities located within or comprising transit-oriented
284developments which enhance the use or utility of transportation
285facilities owned or constructed by the authority and
286administrative and other buildings for the use of the authority
287in carrying out its powers and obligations granted in this
288chapter.
289     (d)  To enter into and make leases for terms not exceeding
29040 years, as either lessee or lessor, in order to carry out the
291right to lease as set forth in this chapter.
292     (e)  To enter into and make lease-purchase agreements with
293the department for terms not exceeding 40 years, or until any
294bonds secured by a pledge of rentals thereunder, and any
295refundings thereof, are fully paid as to both principal and
296interest, whichever is longer.
297     (f)  To fix, alter, charge, establish, and collect rates,
298fees, rentals, and other charges for the services and facilities
299of the Jacksonville Expressway System and any other
300transportation facilities of the authority, which rates, fees,
301rentals, and other charges shall always be sufficient to comply
302with any covenants made with the holders of any bonds issued
303pursuant to this chapter; this right and power may be assigned
304or delegated by the authority to the department.
305     (g)1.  To borrow money and make and issue negotiable notes,
306bonds, refunding bonds, and other evidences of indebtedness or
307obligations, either in temporary or definitive form,
308(hereinafter in this chapter sometimes called "bonds"), of the
309authority, for the purpose of funding or refunding, at or prior
310to maturity, any bonds theretofore issued by the authority, or
311by the Florida State Improvement Commission to finance part of
312the cost of the Jacksonville Expressway System, and purposes
313related thereto, and for the purpose of financing or refinancing
314all or part of the costs of completion, or improvement, or
315extension of the Jacksonville Expressway System, and appurtenant
316facilities, including all approaches, streets, roads, bridges,
317and avenues of access for the Jacksonville Expressway System and
318for any other purpose authorized by this chapter, such bonds to
319mature in not exceeding 40 years from the date of the issuance
320thereof; and to secure the payment of such bonds or any part
321thereof by a pledge of any or all of its revenues, rates, fees,
322rentals, or other charges, including all or any portion of the
323Duval County gasoline tax funds received by the authority
324pursuant to the terms of any lease-purchase agreement between
325the authority and the department; and in general to provide for
326the security of such bonds and the rights and remedies of the
327holders thereof.
328     2.  In the event that the authority determines to fund or
329refund any bonds theretofore issued by the authority, or by the
330commission as aforesaid, prior to the maturity thereof, the
331proceeds of such funding or refunding bonds shall, pending the
332prior redemption of the bonds to be funded or refunded, be
333invested in direct obligations of the United States; and it is
334the express intention of this chapter that such outstanding
335bonds may be funded or refunded by the issuance of bonds
336pursuant to this chapter notwithstanding that part of such
337outstanding bonds will not mature or become redeemable until 6
338years after the date of issuance of bonds pursuant to this
339chapter to fund or refund such outstanding bonds.
340     (h)  To make contracts of every name and nature and to
341execute all instruments necessary or convenient for the carrying
342on of its business.
343     (i)  Without limitation of the foregoing, to borrow money
344and accept grants from, and to enter into contracts, leases, or
345other transactions with, any federal agency, the state, any
346agency of the state, the County of Duval, the City of
347Jacksonville, or any other public body of the state.
348     (j)  To have the power of eminent domain, including the
349procedural powers granted under chapters 73 and 74.
350     (k)  To pledge, hypothecate, or otherwise encumber all or
351any part of the revenues, rates, fees, rentals, or other charges
352or receipts of the authority, including all or any portion of
353the Duval County gasoline tax funds received by the authority
354pursuant to the terms of any lease-purchase agreement between
355the authority and the department, as security for all or any of
356the obligations of the authority.
357     (l)  To do all acts and things necessary or convenient for
358the conduct of its business and the general welfare of the
359authority, in order to carry out the powers granted to it by
360this chapter or any other law.
361     (m)  To invest and to borrow money and make and issue
362negotiable notes, bonds, refunding bonds, and other evidences of
363indebtedness or obligations, either in temporary or definitive
364form, of the authority for the purpose of financing or
365refinancing all or a part of funding or refunding the cost of
366the acquisition or improvement of transportation facilities
367motor or street railway vehicles, passenger terminals,
368automobile parking facilities, or administrative offices and for
369any other purposes authorized by this chapter, such bonds to
370mature in not exceeding 40 years from the date of the issuance
371thereof; to secure the payment of such bonds or any part thereof
372by a pledge of any or all of its revenues, rates, fees, rentals,
373or other charges, including, without limitation, all or any
374portion of local option taxes or county gasoline tax funds
375received by the authority; and in general to provide for the
376security of such bonds and the rights and remedies of the
377holders thereof.
378     (n)  To adopt rules to carry out the powers and obligations
379herein granted, which set forth a purpose, necessary
380definitions, forms, general conditions and procedures, and fines
381and penalties, including, without limitation, suspension or
382debarment, and charges for nonperformance, with respect to any
383aspect of the work or function of the authority for the
384permitting, planning, funding, design, acquisition,
385construction, equipping, operation, and maintenance of
386transportation facilities, transit and highway, within the
387state, provided or operated by the authority or others in
388cooperation with or at the direction of the authority, and for
389carrying out all other purposes of the authority set forth or
390authorized in this chapter.
391     (o)  To establish and fund reserve accounts with respect to
392its operations and functions, make withdrawals therefrom, and
393replenish such accounts, as the governing body may reasonably
394determine.
395     (p)  To adopt and approve an annual budget, and to utilize
396purchasing schedules and master purchasing contracts of the
397state, any municipality, or any federal agency, to the extent
398permitted by law.
399     (q)  To retain legal counsel and financial, engineering,
400real estate, accounting, design, planning, and other consultants
401from time to time as the authority may determine to assist in
402the carrying out of the powers and obligations granted in this
403chapter.
404     (r)  With the consent of the county within whose
405jurisdiction the following activities occur, to construct, own,
406operate, and maintain transportation facilities outside the
407jurisdictional boundaries of Duval County, with all necessary
408and incidental powers to accomplish the foregoing.
409     (s)  To form, alone or with one or more other agencies of
410the state or local governments, public benefit corporations to
411carry out the powers and obligations granted in this chapter or
412the powers and obligations of such other agencies or local
413governments.
414     (t)  To require or elect not to require bid bonds and
415protest bonds, to prequalify bidders or proposers in various
416categories of work or services, and to suspend or debar
417consultants and contractors in accordance with the rules of the
418authority.
419     (u)  To create and operate an employees' benefit fund for
420employees of the authority or public benefit corporations
421controlled by it. The proceeds of vending machines located on
422the premises of the authority or such corporations shall be paid
423into the fund and used for such benefits and purposes as the
424authority may determine.
425     (3)  The authority shall have no power at any time or in
426any manner to pledge the credit or taxing power of the state or
427any political subdivision or agency thereof; nor shall any of
428the obligations of the authority be deemed to be obligations of
429the state or of any political subdivision or agency thereof; nor
430shall the state or any political subdivision or agency thereof,
431except the authority, be liable for the payment of the principal
432of, or interest on, such obligations. However, this provision is
433not applicable to the type or manner of financing authorized by
434s. 9(c)(5), Art. XII of the State Constitution, as amended, and
435laws enacted pursuant thereto.
436     (4)  By a resolution of its governing body, the authority
437may expand its service area and enter into a partnership with
438any county that is contiguous to the then-current service area
439of the authority. The governing body shall determine the
440conditions and terms of the partnership, except as provided in
441this section. However, the authority may not expand its service
442area without the consent of the governing body representing the
443proposed expansion area.
444     (5)  Except as otherwise expressly provided in this
445chapter, none of the powers and obligations herein granted to
446the authority shall be subject to the supervision or require the
447approval or consent of any municipality or county, except as may
448be agreed upon by the authority in an interlocal agreement with
449a municipality or county.
450     (6)  No oral modification of a contract, whether for
451construction of highway facilities or other transportation
452facilities, shall be binding upon the authority or form the
453basis for a claim against the authority. Only the chair of the
454governing body or executive director of the authority, or the
455designee of either, may bind the authority. The authority may
456provide for liquidated damages for delays by contractors in
457construction of transportation facilities for the authority, or
458the authority may provide for other contractually agreed-upon
459damages measures for delays.
460     (7)  The authority shall be deemed to be an "authority" for
461purposes of s. 337.403, shall have all of the powers granted to
462authorities under s. 337.403, and shall have the powers granted
463to the Department of Transportation under s. 337.274 with
464respect to its powers and obligations granted in this chapter.
465     Section 4.  Section 349.041, Florida Statutes, is amended
466to read:
467     349.041  Provision of funds and services by city to
468authority; employment of legal counsel.--
469     (1)  The authority shall prepare and submit annually its
470requests for such funds as it may require from the city for the
471ensuing year to the council of the city on or before June 1,
472setting forth its estimation for related estimated gross
473revenues and estimated requirements for operations, maintenance
474expenses, and debt service. A copy of such requests shall be
475furnished to the Department of Transportation. The council and
476the mayor of the City of Jacksonville may appropriate such funds
477as they deem appropriate for the use of the authority, and the
478use of such funds shall be subject to audit by the Council
479Auditor of the City of Jacksonville.
480     (2)  Except as the council may provide, and except as
481otherwise required by any trust indenture outstanding on
482September 1, 1971, the authority may use shall utilize, on a
483cost-accounted basis, the central services of the city, and
484shall pay therefor. The authority may, however, employ legal
485counsel it deems necessary, upon resolution of the authority.
486     Section 5.  Section 349.042, Florida Statutes, is repealed.
487     Section 6.  Section 349.043, Florida Statutes, is created
488to read:
489     349.043  Public hearings for transportation
490facilities.--Transportation facilities may not be designated or
491relocated by the authority, nor may substantive changes be made
492thereto, until after a public hearing is conducted by the
493authority. Any interested party shall have the opportunity to be
494heard either in person or by counsel and to introduce testimony
495in such person's behalf at the hearing. Reasonable notice of
496each such public hearing shall be published in a newspaper of
497general circulation in each county directly affected by the
498proposed transportation facility not less than 14 days prior to
499the hearing. In addition, the authority shall comply with all
500applicable federal and state requirements related to new or
501altered transportation facilities or services.
502     Section 7.  Section 349.05, Florida Statutes, is amended to
503read:
504     349.05  Bonds of the authority; bonds not debt or pledges
505of credit of state.--
506     (1)(a)  Bonds may be issued on behalf of the authority
507pursuant to the State Bond Act or, alternatively, the authority
508may issue bonds pursuant to paragraph (b).
509     (b)1.  The bonds of the authority issued pursuant to the
510provisions of this chapter, whether an original issuance or on
511refunding, shall be authorized by resolution of the members
512thereof and may be issued in one or more series, may be either
513term or serial bonds, and shall bear such date or dates, be
514payable on demand or mature at such time or times, not exceeding
51540 years from their respective dates, bear interest, fixed or
516variable, at such rate or rates, not exceeding the maximum
517lawful interest rate payable semiannually, be in such
518denominations, be in such form, either coupon or fully
519registered, carry such registration, exchangeability, and
520interchangeability privileges, be payable in such medium of
521payment and at such place or places, be subject to such terms of
522redemption, with or without premium, and other terms, have such
523rank, and be entitled to such remedies and priorities on the
524revenues, rates, fees, rentals, or other charges or receipts of
525the authority including all or any portion of local option sales
526tax or the Duval county gasoline tax funds received by the
527authority pursuant to the terms of any lease-purchase agreement
528between the authority and the department, as the authority may
529determine such resolution or any resolution subsequent thereto
530may provide. The bonds shall be executed either by manual or
531facsimile signature by such officers as the authority shall
532determine, provided that such bonds shall bear at least one
533signature that which is manually executed thereon, and the
534coupons attached to such bonds shall bear the facsimile
535signature or signatures of such officer or officers as shall be
536designated by the authority and shall have the seal of the
537authority affixed, imprinted, reproduced, or lithographed
538thereon, all as may be prescribed in such resolution or
539resolutions.
540     2.(b)  Such bonds shall be sold at public or private sale
541at such price or prices as the authority determines to be in its
542best interest, except that the interest costs to the authority
543on such bonds may not exceed the maximum lawful interest rate.
544The authority shall provide a specific finding by resolution as
545to the reason requiring any negotiated sale must be sold at
546public sale in the manner provided by the State Bond Act.
547However, if the authority, by official action at a public
548meeting, determines that a negotiated sale of the bonds is in
549the best interest of the authority, the authority may negotiate
550for sale of the bonds with the underwriter or underwriters
551designated by the authority and the Division of Bond Finance of
552the State Board of Administration. Pending the preparation of
553definitive bonds, interim certificates may be issued to the
554purchaser or purchasers of such bonds and may contain such terms
555and conditions as the authority may determine.
556     3.  The authority may issue bonds pursuant to this
557paragraph to refund any bonds previously issued regardless of
558whether the bonds being refunded were issued by the authority
559pursuant to this chapter or on behalf of the authority pursuant
560to the State Bond Act.
561     (2)  Any such resolution or resolutions authorizing any
562bonds hereunder may contain provisions, and valid and legally
563binding covenants of the authority, which shall be part of the
564contract with the holders of such bonds, as to:
565     (a)  The pledging of all or any part of the revenues,
566rates, fees, rentals, including the sales surtax adopted
567pursuant to s. 212.055(1) (including all or any portion of the
568Duval county gasoline tax funds received by the authority
569pursuant to the terms of any lease-purchase agreement between
570the authority and the department, or any part thereof), or other
571charges or receipts of any nature of the authority, whether or
572not derived by the authority from the Jacksonville Expressway
573System or its other transportation facilities;
574     (b)  The completion, improvement, operation, extension,
575maintenance, repair, lease, or lease-purchase agreement of said
576system or transportation facilities, and the duties of the
577authority and others, including the department, with reference
578thereto;
579     (c)  Limitations on the purposes to which the proceeds of
580the bonds, then or thereafter to be issued, or of any loan or
581grant, by the United States or the state may be applied;
582     (d)  The fixing, charging, establishing, and collecting of
583rates, fees, rentals, or other charges for use of the services
584and facilities of the Jacksonville Expressway System or any part
585thereof or its other transportation facilities;
586     (e)  The setting aside of reserves or sinking funds or
587repair and replacement funds and the regulation and disposition
588thereof;
589     (f)  Limitations on the issuance of additional bonds;
590     (g)  The terms and provisions of any lease-purchase
591agreement, deed of trust, or indenture securing the bonds, or
592under which the same may be issued; and
593     (h)  Any other or additional provisions, covenants, and
594agreements with the holders of the bonds which the authority may
595deem desirable and proper.
596     (3)  The authority may employ fiscal agents as provided by
597this chapter or the State Board of Administration may, upon
598request by the authority, act as fiscal agent for the authority
599in the issuance of any bonds that may be issued pursuant to this
600chapter, and the State Board of Administration may, upon request
601by the authority, take over the management, control,
602administration, custody, and payment of any or all debt services
603or funds or assets now or hereafter available for any bonds
604issued pursuant to this chapter. The authority may enter into
605deeds of trust, indentures, or other agreements with a corporate
606trustee or trustees, which shall act as its fiscal agent for the
607authority and may be, or with any bank or trust company within
608or without the state, as security for such bonds, and may, under
609such agreements, assign and pledge all or any of the revenues,
610rates, fees, rentals, or other charges or receipts of the
611authority, including all or any portion of local option taxes or
612the Duval county gasoline tax funds received by the authority
613pursuant to the terms of any lease-purchase agreement between
614the authority and the department, thereunder. Such deed of
615trust, indenture, or other agreement, may contain such
616provisions as are is customary in such instruments or, as the
617authority may authorize, including, but without limitation,
618provisions as to:
619     (a)  The completion, improvement, operation, extension,
620maintenance, repair, and lease of, or lease-purchase agreement
621relating to, all or any part of transportation facilities
622authorized in this chapter to be constructed, acquired,
623developed, or operated by the authority the Jacksonville
624Expressway System, and the duties of the authority and others,
625including the department, with reference thereto;
626     (b)  The application of funds and the safeguarding of funds
627on hand or on deposit;
628     (c)  The rights and remedies of the trustee and the holders
629of the bonds; and
630     (d)  The terms and provisions of the bonds or the
631resolutions authorizing the issuance of the same.
632     (4)  Any of the bonds issued pursuant to this chapter are,
633and are hereby declared to be, negotiable instruments, and shall
634have all the qualities and incidents of negotiable instruments
635under the law merchant and the negotiable instruments law of the
636state.
637     (5)  Notwithstanding any of the provisions of this chapter,
638each project, building, or facility that which has been financed
639by the issuance of bonds or other evidences of indebtedness
640under this chapter and any refinancing thereof is hereby
641approved as provided for in s. 11(f), Art. VII of the State
642Constitution.
643     (6)  Revenue bonds issued under the provisions of this
644chapter are not debts of the state or pledges of the faith and
645credit of the state. Such bonds are payable exclusively from
646revenues pledged for their payment. Each such bond shall contain
647a statement on its face that the state is not obligated to pay
648the same or the interest thereon, except from the revenues
649pledged for their payment, and that the faith and credit of the
650state is not pledged to the payment of the principle or interest
651of such bond. The issuance of revenue bonds under the provisions
652of this chapter does not directly, indirectly, or contingently
653obligate the state to levy or to pledge any form of taxation
654whatsoever or to make any appropriation for their payment.
655     Section 8.  Section 349.06, Florida Statutes, is repealed.
656     Section 9.  Section 349.061, Florida Statutes, is created
657to read:
658     349.061  Bond financing authority.--Pursuant to s. 11(f),
659Art. VII of the State Constitution, the Legislature hereby
660approves for bond financing by the authority any extensions,
661additions, and improvements to the Jacksonville Expressway
662System and any other facilities appurtenant, necessary, or
663incidental to the system or any transportation facilities herein
664authorized to be constructed, acquired, or operated by the
665authority. Subject to terms and conditions of applicable revenue
666bond resolutions and covenants, such costs may be financed in
667whole or in part by revenue bonds issued pursuant to s.
668349.05(1)(a) or (b), whether currently issued or issued in the
669future, or by a combination of such bonds.
670     Section 10.  Subsection (7) of section 349.07, Florida
671Statutes, is amended to read:
672     349.07  Lease-purchase agreement.--
673     (7)  Regardless of whether the authority enters into a
674lease-purchase agreement with the department relating to the
675system or any part thereof, the Said system shall be a part of
676the State Highway road System and the said department is hereby
677authorized, upon the request of the authority, to expend out of
678any funds available for the purpose such moneys, and to use such
679of its engineering and other forces, as may be necessary and
680desirable in the judgment of the said department, for the
681operation of the said authority and for traffic surveys,
682borings, surveys, preparation of plans and specifications,
683estimates of cost, and other preliminary engineering and other
684studies; provided, however, that the aggregate amount of moneys
685expended for said purposes by said department shall not exceed
686the sum of $375,000.
687     Section 11.  Section 349.10, Florida Statutes, is amended
688to read:
689     349.10  Acquisition of lands and property.--
690     (1)  For the purposes of this chapter, law the Jacksonville
691Transportation Authority may acquire private or public property
692and property rights, including rights of access, air, view, and
693light, by gift, devise, purchase, or condemnation by eminent
694domain proceedings, as the authority may deem necessary,
695including, but not limited to, any lands reasonably necessary
696for securing applicable permits, areas necessary for management
697of access, borrow pits, drainage ditches, water retention areas,
698rest areas, replacement access for landowners whose access is
699impaired due to the construction of transportation facilities,
700and replacement rights-of-way for relocated rail and utility
701facilities, and areas necessary for existing, proposed, or
702anticipated transportation facilities or in a transportation
703corridor designated by the authority. The authority shall also
704have the power to condemn any material and property necessary
705for such any of the purposes of this chapter. Property already
706devoted to a public use may be acquired in like manner, provided
707that no real property belonging to the state or any political
708subdivision thereof may be acquired without the state's or
709affected political subdivision's consent. The right of eminent
710domain herein conferred in this section shall be exercised by
711the authority in the manner provided by law. Notwithstanding
712that the authority is an agency of the state, the authority
713shall not exercise its powers of condemnation granted in this
714section with respect to any property or property rights of any
715county or municipality, including, without limitation, the City
716of Jacksonville.
717     (2)  The authority may acquire such rights, title,
718interest, or easements in such lands as it may deem necessary
719for any of the purposes of this chapter.
720     (3)  In connection with the acquisition of property or
721property rights as herein provided, the authority may in its
722discretion acquire an entire lot, block, or tract of land, if by
723so doing the interests of the public will be best served, even
724though said entire lot, block, or tract is not immediately
725needed for the right-of-way proper.
726     (4)  When the authority acquires property for a
727transportation facility or in a transportation corridor, it is
728not subject to any liability imposed by chapter 376 or chapter
729403 for preexisting soil or groundwater contamination due solely
730to its ownership. This section does not affect the rights or
731liabilities of any past or future owners of the acquired
732property nor does it affect the liability of any governmental
733entity for the results of its actions that create or exacerbate
734a pollution source. The authority and the Department of
735Environmental Protection may enter into interagency agreements
736for the performance, funding, and reimbursement for the costs of
737the investigative and remedial acts necessary for property
738acquired by the authority.
739     Section 12.  Section 349.12, Florida Statutes, is amended
740to read:
741     349.12  Covenant of the state.--The state does hereby
742pledge to, and agree agrees, with any person, firm, or
743corporation, or federal or state agency subscribing to, or
744acquiring the bonds to be issued by the authority for the
745purposes of this chapter that the state will not limit or alter
746the rights hereby vested in the authority and the department
747until all bonds at any time issued, together with the interest
748thereon, are fully paid and discharged insofar as the same
749affects the rights of the holders of bonds issued hereunder. The
750state does further pledge to, and agree, with the United States
751and any federal agency that, in the event that any federal
752agency shall construct or contribute any funds for the
753completion, extension, or improvement of the Jacksonville
754Expressway System or other transportation facilities of the
755authority, or any part or portion thereof, the state will not
756alter or limit the rights and powers of the authority and the
757department in any manner that which would be inconsistent with
758the continued maintenance and operation of the Jacksonville
759Expressway System or other transportation facilities of the
760authority or the completion, extension, or improvement thereof,
761or that which would be inconsistent with the due performance of
762any agreements between the authority and any such federal
763agency, and the authority and the department shall continue to
764have and may exercise all powers herein granted, so long as the
765same shall be necessary or desirable for the carrying out of the
766purposes of this chapter and the purposes of the United States
767in the completion, extension, or improvement of the Jacksonville
768Expressway System or other transportation facilities of the
769authority, or any part or portion thereof.
770     Section 13.  Section 349.13, Florida Statutes, is amended
771to read:
772     349.13  Exemption from taxation.--The effectuation of the
773authorized purposes of the authority created under this chapter
774is, shall and will be, in all respects for the benefit of the
775people of the state, for the increase of their commerce and
776prosperity, and for the improvement of their health and living
777conditions, and since such authority will be performing
778essential governmental functions in effectuating such purposes,
779such authority shall not be required to pay any taxes or
780assessments of any kind or nature whatsoever upon any property
781acquired or used by it for such purposes, or upon any rates,
782fees, rentals, receipts, income, or charges at any time received
783by it, and the bonds and other obligations issued under this
784chapter by the authority, their transfer and the income
785therefrom, (including any profits made on the sale thereof),
786shall at all times be free from taxation of any kind by the
787state, or by any political subdivision, or taxing agency or
788instrumentality thereof. The exemption granted by this section
789shall not be applicable to any tax imposed by chapter 220 on
790interest, income, or profits on debt obligations owned by
791corporations. When property of the authority is leased, it shall
792be exempt from ad valorem taxes only if the use by the lessee
793qualifies the property for exemption under s. 196.199.
794     Section 14.  Section 349.15, Florida Statutes, is amended
795to read:
796     349.15  Remedies; pledges enforceable by bondholders.--Any
797holder of bonds issued under this chapter, except to the extent
798such rights may be restricted by the resolution, deed of trust,
799indenture, or other proceeding relating to the issuance of such
800bonds, may by civil action, mandamus, or other appropriate
801action, suit, or proceeding in law or in equity, in any court of
802competent jurisdiction, protect and enforce any and all rights
803of such bondholder granted under the proceedings authorizing the
804issuance of such bonds and enforce any pledge made for payment
805of the principal and interest on bonds, or any covenant or
806agreement relative thereto, against the authority or directly
807against the department, as may be appropriate. It is the express
808intention of this chapter that any pledge by the department of
809rates, fees, revenues, Duval county gasoline tax funds, or other
810funds, as rentals, to the authority or any covenants or
811agreements relative thereto may be enforceable in any court of
812competent jurisdiction against the authority or directly against
813the department by any holder of bonds issued by the authority.
814     Section 15.  Section 349.17, Florida Statutes, is amended
815to read:
816     349.17  Chapter complete and additional authority.--
817     (1)  The powers conferred by this chapter shall be in
818addition and supplemental to the existing powers of said board
819and the Department of Transportation, and this chapter shall not
820be construed as repealing any of the provisions of any other
821law, general, special, or local, but to supersede such other
822laws in the exercise of the powers provided in this chapter, and
823to provide a complete method for the exercise of the powers
824granted in this chapter. The refunding of any of the bonds of
825Florida State Improvement Commission heretofore issued to
826finance part of the cost of said Jacksonville Expressway System,
827and the completion, extension, and improvement of said system,
828and the issuance of bonds hereunder to finance all or part of
829the cost thereof, may be accomplished upon compliance with the
830provisions of this chapter without regard to or necessity for
831compliance with the provisions, limitations, or restrictions
832contained in any other general, special, or local law,
833including, without limitation, s. 215.821, and no approval of
834any bonds issued under this chapter by the qualified electors or
835qualified electors who are freeholders in the state or in said
836County of Duval, or in said City of Jacksonville, or in any
837other political subdivision of the state, shall be required for
838the issuance of such bonds pursuant to this chapter.
839     (2)  This chapter shall not be deemed to repeal, rescind,
840or modify any other law or laws relating to said State Board of
841Administration, said Department of Transportation, or said
842Florida State Improvement Commission, but shall be deemed to and
843shall supersede such other law or laws in the exercise of the
844powers provided in this chapter insofar as such other law or
845laws are inconsistent with the provisions of this chapter,
846including, without limitation, s. 215.821.
847     Section 16.  Section 349.21, Florida Statutes, is amended
848to read:
849     349.21  Powers conferred by s. 212.055(1).--Notwithstanding
850any other provision of law, any transportation authority created
851by this chapter shall have all the powers conferred by s.
852212.055(1). The revenues provided by this section may shall be
853used or pledged to pay principal and interest on bonds as set
854forth in s. 212.055(1). In no event may local transportation
855surtax moneys collected in Duval County be expended on
856transportation facilities outside the boundaries of Duval County
857for which tolls have been pledged. The powers provided by this
858section shall expire when all such bonds in existence on the
859effective date of this act have been retired.
860     Section 17.  Section 349.22, Florida Statutes, is created
861to read:
862     349.22  Public-private transportation facilities.--
863     (1)  The authority may receive or solicit proposals and
864enter into agreements with private entities or consortia thereof
865for the building, operation, ownership, or financing of
866highways, bridges, multimodal transportation systems, transit-
867oriented development nodes, transit stations, or related
868transportation facilities. Before approval, the authority must
869determine that a proposed project:
870     (a)  Is in the public's best interest.
871     (b)  Would not require state funds to be used unless the
872project is on or provides increased mobility on the State
873Highway System.
874     (c)  Would have adequate safeguards to ensure that
875additional costs or unreasonable service disruptions would not
876be realized by the traveling public and citizens of the state in
877the event of default or cancellation of the agreement by the
878authority.
879     (2)  The authority shall ensure that all reasonable costs
880to the state related to transportation facilities that are not
881part of the State Highway System are borne by the private entity
882that develops or operates the facilities. The authority shall
883also ensure that all reasonable costs to the state and
884substantially affected local governments and utilities related
885to the private transportation facility are borne by the private
886entity for transportation facilities that are owned by private
887entities. For projects on the State Highway System or that
888provide increased mobility on the State Highway System, the
889department may use state resources to participate in funding and
890financing the project as provided for under the department's
891enabling legislation.
892     (3)  The authority may request proposals and receive
893unsolicited proposals for public-private transportation projects
894and, upon receipt of any unsolicited proposal or determination
895to issue a request for proposals, must publish a notice in the
896Florida Administrative Weekly and a newspaper of general
897circulation in the county in which the proposed project is
898located at least once a week for 2 weeks requesting proposals
899or, if an unsolicited proposal was received, stating that it has
900received the proposal and will accept, for 60 days after the
901initial date of publication, other proposals for the same
902project purpose. A copy of the notice must be mailed to each
903local government in the affected areas. After the public
904notification period has expired, the authority shall rank the
905proposals in order of preference. In ranking the proposals, the
906authority shall consider professional qualifications, general
907business terms, innovative engineering or cost-reduction terms,
908finance plans, and the need for state funds to deliver the
909proposal. If the authority is not satisfied with the results of
910the negotiations, it may, at its sole discretion, terminate
911negotiations with the proposer. If these negotiations are
912unsuccessful, the authority may go to the second and lower-
913ranked firms, in order, using the same procedure. If only one
914proposal is received, the authority may negotiate in good faith
915and, if it is not satisfied with the results, may, at its sole
916discretion, terminate negotiations with the proposer.
917Notwithstanding this subsection, the authority may, at its
918discretion, reject all proposals at any point in the process up
919to completion of a contract with the proposer. Any person
920submitting an unsolicited proposal shall submit with the
921proposal the sum of $25,000 to the authority to be applied by
922the authority to its costs of review and analysis of the
923proposal, and such person shall remain liable for any additional
924costs and expenses of the authority incurred for the review and
925analysis.
926     (4)  Agreements entered into pursuant to this section may
927authorize the authority or the private project owner, lessee, or
928operator to impose, collect, and enforce tolls or fares for the
929use of the transportation facility. However, the amount and use
930of toll or fare revenues shall be regulated by the authority to
931avoid unreasonable costs to users of the facility.
932     (5)  Each public-private transportation facility
933constructed pursuant to this section shall comply with all
934requirements of federal, state, and local laws; state, regional,
935and local comprehensive plans; the authority's rules, policies,
936procedures, and standards for transportation facilities; and any
937other conditions that the authority determines to be in the
938public's best interest.
939     (6)  The authority may exercise any of its powers,
940including eminent domain, to facilitate the development and
941construction of transportation projects pursuant to this
942section. The authority may pay all or part of the cost of
943operating and maintaining the facility or may provide services
944to the private entity, for which services it shall receive full
945or partial reimbursement.
946     (7)  Except as provided in this section, this section is
947not intended to amend existing law by granting additional powers
948to or imposing further restrictions on the governmental entities
949with regard to regulating and entering into cooperative
950arrangements with the private sector for the planning,
951construction, and operation of transportation facilities.
952     Section 18.  Paragraph (b) of subsection (2) of section
95320.23, Florida Statutes, is amended to read:
954     20.23  Department of Transportation.--There is created a
955Department of Transportation which shall be a decentralized
956agency.
957     (2)
958     (b)  The commission shall have the primary functions to:
959     1.  Recommend major transportation policies for the
960Governor's approval, and assure that approved policies and any
961revisions thereto are properly executed.
962     2.  Periodically review the status of the state
963transportation system including highway, transit, rail, seaport,
964intermodal development, and aviation components of the system
965and recommend improvements therein to the Governor and the
966Legislature.
967     3.  Perform an in-depth evaluation of the annual department
968budget request, the Florida Transportation Plan, and the
969tentative work program for compliance with all applicable laws
970and established departmental policies. Except as specifically
971provided in s. 339.135(4)(c)2., (d), and (f), the commission may
972not consider individual construction projects, but shall
973consider methods of accomplishing the goals of the department in
974the most effective, efficient, and businesslike manner.
975     4.  Monitor the financial status of the department on a
976regular basis to assure that the department is managing revenue
977and bond proceeds responsibly and in accordance with law and
978established policy.
979     5.  Monitor on at least a quarterly basis, the efficiency,
980productivity, and management of the department, using
981performance and production standards developed by the commission
982pursuant to s. 334.045.
983     6.  Perform an in-depth evaluation of the factors causing
984disruption of project schedules in the adopted work program and
985recommend to the Legislature and the Governor methods to
986eliminate or reduce the disruptive effects of these factors.
987     7.  Recommend to the Governor and the Legislature
988improvements to the department's organization in order to
989streamline and optimize the efficiency of the department. In
990reviewing the department's organization, the commission shall
991determine if the current district organizational structure is
992responsive to Florida's changing economic and demographic
993development patterns. The initial report by the commission must
994be delivered to the Governor and Legislature by December 15,
9952000, and each year thereafter, as appropriate. The commission
996may retain such experts as are reasonably necessary to
997effectuate this subparagraph, and the department shall pay the
998expenses of such experts.
999     8.  Monitor the efficiency, productivity, and management of
1000the authorities created under chapters 343, and 348, and 349,
1001including any authority formed using the provisions of part I of
1002chapter 348. The commission shall also conduct periodic reviews
1003of each authority's operations and budget, acquisition of
1004property, management of revenue and bond proceeds, and
1005compliance with applicable laws and generally accepted
1006accounting principles.
1007     Section 19.  This act shall take effect July 1, 2009.


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