HB 219

1
A bill to be entitled
2An act relating to the Seminole County Expressway
3Authority; creating the Seminole County Expressway
4Authority Law; providing definitions; creating the
5Seminole County Expressway Authority; prohibiting an
6entity or body or another authority from exercising
7jurisdiction, control, authority, or power over an
8expressway system in Seminole County without the
9consent of the Seminole County Expressway Authority;
10providing for membership and terms of the authority;
11authorizing staffing; providing for certain
12reimbursement for authority members; providing for the
13powers and duties of the authority; requiring notice
14of public hearing and an opportunity for municipal
15officials and residents to discuss and advise the
16authority; providing for the issuance of bonds;
17providing for lease-purchase agreements between the
18Department of Transportation and the authority;
19providing criteria for the lease-purchase agreements;
20providing for use of certain revenues as payments for
21the lease-purchase agreements; authorizing the
22Department of Transportation to use funds for the
23operation of the authority and to generate preparatory
24information necessary for an expressway system;
25providing for an agent for construction; authorizing
26the authority to appoint the department as its agent
27under certain circumstances; authorizing the authority
28to acquire land and properties; providing for the
29cooperation of other entities to further the purposes
30of the act; prohibiting the state from changing the
31terms of the bonds; exempting the authority from
32certain taxes; providing for the bond's eligibility
33for investments and security; providing for the
34enforcement by bondholders of any pledge relating to
35the bonds issued by the department; providing for the
36extent of the powers authorized by the act; providing
37an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Short title.-Sections 1-14 of this act may be
42cited as the "Seminole County Expressway Authority Law."
43     Section 2.  Definitions.-As used in sections 1-14 of this
44act, the term:
45     (1)  "Agency of the state" means the state and any
46department of, or corporation, agency, or instrumentality
47created, designated, or established by, the state.
48     (2)  "Authority" means the Seminole County Expressway
49Authority.
50     (3)  "Bond" means a note, bond, refunding bond, or other
51evidence of indebtedness or obligation, in temporary or
52definitive form, which the authority issues pursuant to this
53part.
54     (4)  "County" means Seminole County.
55     (5)  "Department" means the Department of Transportation
56existing under chapters 334-339, Florida Statutes.
57     (6)  "Expressway" means the same as limited access
58expressway.
59     (7)  "Federal agency" means the United States, the
60President of the United States, and any department of, or
61corporation, agency, or instrumentality created, designated, or
62established by, the United States.
63     (8)  "Gasoline tax funds of Seminole County" mean all of
64the 80 percent surplus gasoline tax funds accruing in each year
65to the Department of Transportation for use in Seminole County
66under the provisions of s. 9, Article XII of the State
67Constitution, or all constitutional gas funds as may otherwise
68be provided by the State Constitution or by statute for use in
69Seminole County, after deduction of any amount of such gasoline
70tax funds pledged by the Department of Transportation or the
71county for outstanding obligations.
72     (9)  "Lease-purchase agreement" means an agreement that the
73authority may enter into with the Department of Transportation
74pursuant to this part.
75     (10)  "Limited access expressway" means a street or highway
76especially designed for through traffic and over, from, or to
77which no person has the right of easement, use, or access except
78in accordance with the rules and regulations adopted by the
79authority for the use of such facility. The street or highway
80may be a parkway from which trucks, buses, and other commercial
81vehicles are excluded, or it may be a freeway open to use by all
82customary forms of street and highway traffic.
83     (11)  "Members" mean the governing body of the authority,
84and the term "member" means one of the individuals constituting
85the governing body.
86     (12)  "Seminole County Expressway System" or "system" means
87any expressway and appurtenant facilities thereto in Seminole
88County, including, but not limited to, all approaches, roads,
89bridges, and avenues of access for the expressway.
90     (13)  "State Board of Administration" means the body
91corporate existing under s. 9, Article XII of the State
92Constitution or any successor thereto.
93     Section 3.  Seminole County Expressway Authority.-
94     (1)  There is created a body politic and corporate, an
95agency of the state, to be known as the "Seminole County
96Expressway Authority" and referred to as "authority."
97     (2)  The authority has exclusive right to exercise all the
98powers under sections 1-14 of this act, and no other entity,
99body, or authority within or without Seminole County may
100directly or indirectly exercise jurisdiction, control,
101authority, or power in any manner relating to any expressway
102system within Seminole County without the express consent of the
103authority or as otherwise provided in sections 1-14 of this act.
104     (3)  The governing body of the authority consists of seven
105members. Five members must be members of the Board of County
106Commissioners of Seminole County, and the term of each member is
107concomitant with his or her term as a county commissioner. Two
108members shall be appointed by the board of county commissioners
109from among the duly elected municipal officers within the
110county, and the municipal members serve 2-year terms unless
111reappointed. Each 2-year term runs from the date of appointment
112and automatically terminates if the member ceases to be a duly
113elected municipal officer. The board of county commissioners
114shall fill a municipal membership vacancy within 45 days after
115the occurrence of the vacancy, and the board must appoint an
116individual who is jointly recommended to the board of county
117commissioners by two-thirds of the municipalities in the county
118within 30 days after the vacancy.
119     (4)  The authority shall elect one of its members as chair
120of the authority. The authority shall elect a secretary and a
121treasurer, who need not be members of the authority. The chair,
122secretary, and treasurer hold the office at the will of the
123authority. Four members of the authority constitute a quorum,
124and the affirmative vote of three members is necessary for any
125action taken by the authority. A vacancy in the authority does
126not impair the right of the quorum to exercise the rights and
127perform the duties of the authority.
128     (5)  Each appointed member of the authority shall enter
129upon his or her duties upon the effective date of his or her
130appointment, or as soon thereafter as practicable.
131     (6)  The authority may employ an executive secretary, an
132executive director, and its own counsel and legal staff,
133technical experts, engineers, and other employees, permanent or
134temporary, as it may require; determine the qualifications and
135fix the compensation of the persons, firms, or corporations; and
136employ a fiscal agent. However, the authority shall solicit at
137least three sealed proposals for the performance of any services
138as the fiscal agent. The authority may delegate to one or more
139of its agents or employees any of its powers as it deems
140necessary to carry out the purposes of sections 1-14 of this
141act, subject to the supervision and control of the authority.
142     (7)  The authority shall reimburse its members for travel
143and other necessary expenses incurred in connection with the
144business of the authority as provided in s. 112.061, Florida
145Statutes, but the members may not draw salaries or other
146compensation.
147     Section 4.  Powers and duties.-
148     (1)(a)  The authority may acquire, hold, construct,
149improve, maintain, operate, own, and lease, in the capacity of
150lessor, the Seminole County Expressway System.
151     (b)  The authority, in the construction of the Seminole
152County Expressway System, may construct any extension, addition,
153or improvement to the system or appurtenant facilities,
154including all necessary approaches, roads, bridges, and avenues
155of access, with any change, modification, or revision of the
156project as deemed necessary.
157     (2)  The authority may exercise all powers necessary,
158appurtenant, convenient, or incidental to the implementation of
159sections 1-14 of this act, including, but not limited to, the
160following:
161     (a)  To sue and be sued, implead and be impleaded, and
162complain and defend in all courts;
163     (b)  To adopt, use, and alter at will a corporate seal;
164     (c)  To acquire, purchase, hold, lease as lessee, and use
165any franchise or property, real, personal, or mixed, tangible or
166intangible, or any interest necessary to implement the purposes
167of sections 1-14 of this act; and to sell, lease as lessor,
168transfer, and dispose of, at any time, any property or interest
169acquired by the authority;
170     (d)  To enter into and make leases for terms not exceeding
17140 years, as lessee or lessor, and to implement the right to
172lease as provided in sections 1-14 of this act;
173     (e)  To enter into and make lease-purchase agreements with
174the department for terms not exceeding 40 years or until any
175bond secured by a pledge of rental, and any refund, are fully
176paid, whichever is longer;
177     (f)  To fix, alter, charge, establish, and collect rates,
178fees, rentals, and other charges for the services and facilities
179of the Seminole County Expressway System, which rates, fees,
180rentals, and other charges are sufficient to comply with any
181covenant made with the holders of any bonds issued pursuant to
182sections 1-14 of this act; however, the authority may assign or
183delegate to the department any of its rights and powers;
184     (g)1.  To borrow money as provided by the State Bond Act.
185     2.  To reimburse Seminole County for any sums expended from
186the gasoline tax funds of Seminole County and any other revenues
187provided to the authority by Seminole County and used for the
188payment of the obligations. If the authority deems it
189practicable, the authority may repay disbursed revenues from
190Seminole County or gasoline tax funds, together with interest at
191the highest rate applicable, to any obligations of the authority
192for which funds or revenues were used to pay debt service.
193     3.  To hire and retain independent certified public
194accountants and auditors to audit the books and records of the
195authority and the department with respect to the Seminole County
196Expressway System or any part thereof, so long as any bonds of
197the authority are outstanding;
198     (h)  To make contracts and to execute all instruments
199necessary to conduct its business;
200     (i)  Without limitation of the foregoing, to borrow money
201and accept grants from, and to enter into contracts, leases, or
202other transactions with, any federal agency, the state, any
203agency of the state, Seminole County, or any other public body
204of the state;
205     (j)  To have the power of eminent domain, including the
206procedural powers granted under chapters 73 and 74, Florida
207Statutes;
208     (k)  To pledge, hypothecate, or otherwise encumber all
209parts of the revenues, rates, fees, rentals, or other charges or
210receipts of the authority, including all or any portion of the
211gasoline tax funds of Seminole County or other revenues received
212by the authority pursuant to the terms of any lease-purchase
213agreement between the authority and the department or any other
214agreement between the authority and Seminole County, as security
215for any of the obligations of the authority;
216     (l)  To do all acts necessary for the conduct of its
217business and the general welfare of the authority in order to
218implement the powers granted to it by sections 1-14 of this act
219or any other law; and
220     (m)  To employ fiscal agents as provided by section 3 of
221this act. The State Board of Administration may, upon request of
222the authority, act as fiscal agent for the authority in the
223issuance of any bonds that may be issued pursuant to section 5
224of this act. The State Board of Administration may, upon request
225of the authority, take over the management, control,
226administration, custody, and payment of any debt service or fund
227or asset available for any bond issued pursuant to section 5 of
228this act. The authority may enter into a deed of trust, an
229indenture, a resolution, or another agreement with its fiscal
230agent, a financial institution, an insurance company, or a bank
231or trust company within or without the state, as security for
232the bonds, and may, under the agreement, sign and pledge any of
233the revenues, rates, fees, rentals, or other charges or receipts
234of the authority, including any portion of the gasoline tax
235funds of Seminole County or other revenues received by the
236authority pursuant to the terms of a lease-purchase agreement
237between the authority and the department or any other agreement
238between the authority and Seminole County. The deed of trust,
239indenture, resolution, or other agreement may contain provisions
240as are customary in such instruments, or, if the authority
241authorizes, may include, without limitation, provisions as to:
242     1.  The completion, improvement, operation, extension,
243maintenance, and repair of the Seminole County Expressway
244System; the lease of, or lease-purchase agreement for, the
245system; and the duties of the authority and others, including
246the department.
247     2.  The availability and application of funds and the
248safeguarding of funds on hand or on deposit.
249     3.  The rights and remedies of the trustee and the holders
250of the bonds and any institution providing liquidity or credit
251support for the bonds.
252     4.  The terms and provisions of the bonds or the
253resolutions authorizing the issuance of the bonds.
254     5.  The terms and conditions pursuant to which the
255authority or any trustee for the bonds is entitled to receive
256any revenues from Seminole County to pay the principal of or
257interest on the bonds.
258     (3)  The authority may not pledge the credit or taxing
259power of the state or any political subdivision or agency of the
260state, including Seminole County. The obligations of the
261authority are not deemed obligations of the state, or any
262political subdivision or agency of the state. The state, or any
263political subdivision or agency of the state, except the
264authority, is not liable for the payment of the principal of or
265interest on the obligations. However, the gasoline tax funds of
266Seminole County or other revenues may be pledged for the payment
267of the principal of or interest on the obligations pursuant to
268the terms of a lease-purchase agreement between the authority
269and the department or any other agreement between the authority
270and Seminole County.
271     (4)  The consent of a municipality is not necessary for any
272project of the authority, notwithstanding any provision in
273sections 1-14 of this act or any other law to the contrary or
274whether the project lies within the boundaries of any
275municipality, in whole or in part. However, an official or a
276resident of a municipality in which a project of the authority
277is located, in whole or in part, must have reasonable
278opportunity to discuss the project and advise the authority of
279his or her position at a duly advertised public hearing. Notice
280of the public hearing must be advertised in a newspaper
281published in Seminole County and circulated in the affected
282municipalities. The notice must be published once at least 2
283weeks before the public hearing and must contain the time and
284place of the public hearing and a short description of the
285subject to be discussed. The public hearing may be adjourned
286from time to time and set for a time and place certain without
287necessity of further advertisement. In routing and locating an
288expressway or its interchange in or through a municipality, the
289authority must consider the effect of such location on the
290municipality as a whole and must not unreasonably split or
291divide an area of the municipality or separate one area of the
292municipality from another.
293     Section 5.  Bonds.-Bonds may be issued on behalf of the
294authority as provided by the State Bond Act.
295     Section 6.  Lease-purchase agreement.-
296     (1)  The authority may enter into a lease-purchase
297agreement with the department relating to and covering the
298Seminole County Expressway System.
299     (2)  The lease-purchase agreement shall provide for the
300leasing of the Seminole County Expressway System by the
301authority, as lessor, to the department, as lessee; shall
302prescribe the terms of the agreement and the rentals to be paid;
303and shall provide that, upon the completion of the faithful
304performance of the agreement and the termination of such lease-
305purchase agreement, the authority shall transfer to the state
306title in fee simple absolute to the Seminole County Expressway
307System and the authority shall deliver to the department deeds
308and conveyances necessary to vest title in fee simple absolute
309in the state.
310     (3)  The lease-purchase agreement may include other
311provisions, agreements, and covenants as the authority and the
312department deem necessary, including, but not limited to,
313provisions as to the bonds to be issued pursuant to this part;
314the completion, extension, improvement, operation, and
315maintenance of the Seminole County Expressway System and the
316expenses and the cost of operation of the authority and the
317system; the charging and collection of tolls, rates, fees, and
318other charges for the use of the services and facilities; the
319application of federal or state grants or aid made or given to
320assist the authority in the completion, extension, improvement,
321operation, and maintenance of the Seminole County Expressway
322System, which the authority may accept and apply to these
323purposes; the enforcement of payment and collection of rentals;
324and any other terms, provisions, or covenants necessary,
325incidental, or appurtenant to the making of, and full
326performance under, the lease-purchase agreement.
327     (4)  The department, as lessee under such lease-purchase
328agreement, may pay, as rentals under the agreement, any rates,
329fees, charges, funds, moneys, receipts, or income accruing to
330the department from the operation of the Seminole County
331Expressway System and the gasoline tax funds or other revenues
332of Seminole County used to pay the principal of or interest on
333any obligations issued to finance any portion of the system and
334may also pay, as rentals, any appropriations received by the
335department pursuant to state law. The lease-purchase agreement
336or any holder of bonds issued pursuant to section 5 of this act
337may not require the making or continuance of any appropriations.
338     (5)  Gasoline tax funds or other revenues of Seminole
339County may not be pledged as rentals under a lease-purchase
340agreement or another agreement without the consent of Seminole
341County, evidenced by a resolution adopted by the board of county
342commissioners of the county at a public hearing held pursuant to
343due notice thereof published at least once a week for 3
344consecutive weeks before the hearing in a newspaper of general
345circulation in the county. The resolution must provide that, for
346bonds issued on behalf of the authority, any excess of the
347pledged gasoline tax funds and other revenues of Seminole County
348which is not required for debt service or for reserves for debt
349service shall be distributed to Seminole County as provided by
350law. Before making any application for the pledge of gasoline
351tax funds, the authority shall present the plan of its proposed
352project to the Seminole County Planning and Zoning Commission
353for comments and recommendations. The department may covenant in
354a lease-purchase agreement that it will pay all or part of the
355cost of the system, and any part of the cost of completing the
356system to the extent that the proceeds of bonds issued for the
357project are insufficient, from sources other than the revenues
358derived from the operation of the system and the gasoline tax
359funds or any other revenue of Seminole County pledged for such
360purpose. The department may agree to make payments from any
361moneys available to Seminole County, in connection with the
362construction or completion of the system, as deemed by the
363department to be fair and proper under any covenant that is
364entered into.
365     (6)  The system is a part of the state road system, and the
366department may, upon the request of the authority, expend money
367out of any funds available for the purpose and use its
368engineering and other powers deemed necessary by the department
369for the operation of the authority and for traffic surveys,
370borings, surveys, preparation of plans and specifications,
371estimates of cost, and other preliminary engineering and other
372studies. However, the aggregate amount of moneys expended for
373this purpose by the department may not exceed the sum of
374$500,000.
375     Section 7.  Agent for construction.-The authority may
376appoint the department as its agent for the construction of and
377improvements and extensions to the Seminole County Expressway
378System and for the completion of the system. If the department
379is appointed, the authority shall provide the department with
380complete copies of all documents, agreements, resolutions,
381contracts, and instruments relating to the system; shall request
382the department to do the construction work, including the
383planning, surveying, and actual construction of the completion,
384extension, and improvement to the Seminole County Expressway
385System; and shall transfer the necessary funds for the
386construction to the credit of an account of the department in
387the State Treasury. The department shall proceed with the
388construction and shall use the funds that are authorized for the
389construction of roads and bridges.
390     Section 8.  Acquisition of lands and property.-
391     (1)  The Seminole County Expressway Authority may acquire
392private or public property and property rights, including rights
393of access, air, view, and light, by gift, devise, purchase, or
394condemnation by an eminent domain proceeding, as the authority
395deems necessary to implement sections 1-14 of this act. The
396property that the authority may acquire includes, but is not
397limited to, any land:
398     (a)  Reasonably necessary for securing applicable permits,
399areas necessary for management of access, borrow pits, drainage
400ditches, water retention areas, rest areas, replacement access
401for landowners whose access is impaired due to the construction
402of a facility, and replacement rights-of-way for relocated rail
403and utility facilities;
404     (b)  For existing, proposed, or anticipated transportation
405facilities on the Seminole County Expressway System or in a
406transportation corridor designated by the authority; or
407     (c)  For the purposes of screening, relocation, removal, or
408disposal of junkyards and scrap metal processing facilities.
409
410The authority may condemn any material and property necessary
411for these purposes.
412     (2)  The authority may exercise the right of eminent domain
413in the manner provided by law.
414     (3)  If the authority acquires property for a
415transportation facility or in a transportation corridor, the
416authority is not subject to any liability imposed by chapter 376
417or chapter 403, Florida Statutes, for preexisting soil or
418groundwater contamination due solely to its ownership. This
419section does not affect the rights or liabilities of any past or
420future owners of the acquired property, nor does it affect the
421liability of any governmental entity for the results of its
422actions that create or exacerbate a pollution source. The
423authority and the Department of Environmental Protection may
424enter into an interagency agreement for the performance,
425funding, and reimbursement of the investigative and remedial
426acts necessary for property acquired by the authority.
427     Section 9.  Cooperation with other units, boards, agencies,
428and individuals.-Any county, municipality, drainage district,
429road or bridge district, school district, or any other political
430subdivision, board, commission, or individual in or of the state
431may make and enter into a contract, lease, conveyance, or other
432agreement consistent with sections 1-14 of this act with the
433authority. The authority may make and enter into a contract,
434lease, conveyance, or other agreement with any political
435subdivision, agency, or instrumentality of the state, any
436federal agency, any corporation, or any individual to implement
437sections 1-14 of this act.
438     Section 10.  Covenant of the state.-The state pledges to,
439and agrees with, any person, firm, corporation, or federal or
440state agency subscribing to or acquiring the bonds issued by the
441authority pursuant to section 5 of this act that the state will
442not limit or alter the rights vested in the authority and the
443department until all bonds at any time issued, together with the
444interest on the bonds, are fully paid and discharged. The state
445pledges to, and agrees with, the United States that, when any
446federal agency constructs or contributes any funds for the
447completion, extension, or improvement of the Seminole County
448Expressway System or any part or portion thereof, the state will
449not alter or limit the rights and powers of the authority and
450the department in any manner that would be inconsistent with the
451continued maintenance and operation of the Seminole County
452Expressway System or the completion, extension, or improvement
453of the system, or that is inconsistent with the due performance
454of the agreement between the authority and the federal agency.
455The authority and the department have and may exercise all
456powers granted in sections 1-14 of this act necessary to
457implement the purposes of sections 1-14 of this act and the
458purposes of the United States in the completion, extension, or
459improvement of the Seminole County Expressway System or any part
460or portion of the system.
461     Section 11.  Exemption from taxation.-The authority created
462pursuant to sections 1-14 of this act is for the benefit of the
463people of the state, for the increase of their commerce and
464prosperity, and for the improvement of their health and living
465conditions. Because the authority is performing essential
466governmental functions in carrying out the purposes of sections
4671-14 of this act, the authority is exempt from taxes or
468assessments upon any property acquired or used by it for such
469purposes, or upon any revenues, rates, fees, rentals, receipts,
470income, or charges received by it. The bonds issued by the
471authority, their transfer, and the income from the bonds,
472including any profits made on the sale of the bonds, are at all
473times free from taxation of any kind by the state or any
474political subdivision, taxing agency, or instrumentality of the
475state. However, the exemption granted by this section is not
476applicable to any tax imposed under chapter 220, Florida
477Statutes, on interest, income, or profits on debt obligations
478owned by corporations. When a property of the authority is
479leased, it is exempt from ad valorem taxes if the use by the
480lessee qualifies the property for exemption under s. 196.199,
481Florida Statutes.
482     Section 12.  Eligibility for investments and security.-Any
483bonds or other obligations issued pursuant to sections 1-14 of
484this act are legal investments for banks, savings banks,
485trustees, executors, administrators, and all other fiduciaries,
486and for all state, municipal, and other public funds, and are
487securities eligible for deposit as security for all state,
488municipal, or other public funds, notwithstanding the provisions
489of any law.
490     Section 13.  Pledges enforceable by bondholders.-A pledge
491by the department of rates, fees, revenues, gasoline tax funds
492of Seminole County, or other funds as rentals to the authority,
493or any covenant or agreement relative to the pledge, is
494enforceable in any court of competent jurisdiction against the
495authority or directly against the department by any holder of
496bonds issued by the authority.
497     Section 14.  Complete and additional authority.-
498     (1)  The powers conferred by sections 1-14 of this act are
499in addition to the existing powers of the authority and the
500department, and sections 1-14 of this act do not repeal any of
501the provisions of any other law, general, special, or local. The
502extension and improvement of the Seminole County Expressway
503System, and the issuance of bonds pursuant to section 5 of this
504act to finance all or part of the cost of the system, may be
505accomplished upon compliance with the provisions of sections 1-
50614 of this act without regard to or necessity for compliance
507with the provisions, limitations, or restrictions contained in
508any other general, special, or local law. Approval of any bonds
509issued under this part by qualified electors or qualified
510electors who are freeholders in the state, in Seminole County or
511in any other political subdivision of the state, is not required
512for the issuance of bonds pursuant to section 5 of this act.
513     (2)  Sections 1-14 of this act do not repeal, rescind, or
514modify any other law relating to the State Board of
515Administration, the Department of Transportation, or the
516Division of Bond Finance of the State Board of Administration,
517but supersede any law that is inconsistent with the provisions
518of sections 1-14 of this act.
519     Section 15.  This act shall take effect July 1, 2012.


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