Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 599, 1st Eng.
       
       
       
       
       
       
                                Barcode 408278                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 06:41 PM       .                                
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 322 and 323
    4  insert:
    5         Section 3. Subsection (3) of section 343.52, Florida
    6  Statutes, is amended to read:
    7         343.52 Definitions.—As used in this part, the term:
    8         (3) “Area served” means Miami-Dade, Broward, and Palm Beach
    9  Counties. However, this area may be expanded by mutual consent
   10  of the authority and the board of county commissioners of Monroe
   11  County representing the proposed expansion area. The authority
   12  may not expand into any additional counties without the
   13  department’s prior written approval.
   14         Section 4. Section 343.53, Florida Statutes, is amended to
   15  read:
   16         343.53 South Florida Regional Transportation Authority.—
   17         (1) There is created and established a body politic and
   18  corporate, an agency of the state, to be known as the “South
   19  Florida Regional Transportation Authority,” hereinafter referred
   20  to as the “authority.”
   21         (2) The governing board of the authority shall consist of
   22  10 nine voting members, as follows:
   23         (a) The county commissions of Miami-Dade, Broward, and Palm
   24  Beach Counties shall each elect a commissioner as that
   25  commission’s representative on the board. The commissioner must
   26  be a member of the county commission when elected and for the
   27  full extent of his or her term.
   28         (b) The county commissions of Miami-Dade, Broward, and Palm
   29  Beach Counties shall each appoint a citizen member to the board
   30  who is not a member of the county commission but who is a
   31  resident of the county from which he or she is appointed and a
   32  qualified elector of that county. Insofar as practicable, the
   33  citizen member shall represent the business and civic interests
   34  of the community.
   35         (c) The secretary of the Department of Transportation shall
   36  appoint one of the district secretaries, or his or her designee,
   37  for the districts within which the area served by the South
   38  Florida Regional Transportation Authority is located, who shall
   39  serve ex officio as a voting member.
   40         (d) If the authority’s service area is expanded pursuant to
   41  s. 343.54(5), the county containing the new service area shall
   42  have two three members appointed to the board as follows:
   43         1. The county commission of the county shall elect a
   44  commissioner as that commission’s representative on the board.
   45  The commissioner must be a member of the county commission when
   46  elected and for the full extent of his or her term.
   47         2. The county commission of the county shall appoint a
   48  citizen member to the board who is not a member of the county
   49  commission but who is a resident and a qualified elector of that
   50  county. Insofar as is practicable, the citizen member shall
   51  represent the business and civic interests of the community.
   52         2.3. The Governor shall appoint a citizen member to the
   53  board who is not a member of the county commission but who is a
   54  resident and a qualified elector of that county.
   55         (e) The Governor shall appoint three two members to the
   56  board who are residents and qualified electors in the area
   57  served by the authority but who are not residents of the same
   58  county and also not residents of the county in which the
   59  district secretary who was appointed pursuant to paragraph (c)
   60  is a resident.
   61         (3)(a) Members of the governing board of the authority
   62  shall be appointed to serve 4-year staggered terms, except that
   63  the terms of the appointees of the Governor shall be concurrent.
   64         (b) The terms of the board members currently serving on the
   65  authority that is being succeeded by this act shall expire July
   66  30, 2003, at which time the terms of the members appointed
   67  pursuant to subsection (2) shall commence. The Governor shall
   68  make his or her appointments to the board within 30 days after
   69  July 30, 2003.
   70         (4) A vacancy during a term shall be filled by the
   71  respective appointing authority in the same manner as the
   72  original appointment and only for the balance of the unexpired
   73  term.
   74         (5) The members of the authority shall serve without
   75  compensation, but are entitled to reimbursement for travel
   76  expenses actually incurred in their duties as provided by law.
   77         Section 5. Paragraph (q) is added to subsection (3) of
   78  section 343.54, Florida Statutes, and subsection (5) of that
   79  section is amended, to read:
   80         343.54 Powers and duties.—
   81         (3) The authority may exercise all powers necessary,
   82  appurtenant, convenient, or incidental to the carrying out of
   83  the aforesaid purposes, including, but not limited to, the
   84  following rights and powers:
   85         (q) To privatize any of the administrative functions of the
   86  authority existing as of July 1, 2012, by contracting with a
   87  private entity or entities to perform any or all of those
   88  functions, which shall require a two-thirds vote of the entire
   89  membership of the board.
   90         (5) The authority, by a resolution of its governing board,
   91  may expand its service area into Monroe County and enter into a
   92  partnership with any county that is contiguous to the service
   93  area of the authority. The board shall determine the conditions
   94  and terms of the partnership, except as provided herein.
   95  However, the authority may not expand its service area without
   96  the consent of the board of county commissioners representing
   97  the proposed expansion area, and a county may not be added to
   98  the service area except in the year that federal reauthorization
   99  legislation for transportation funds is enacted. The authority
  100  may not expand into any county other than Monroe County without
  101  the department’s prior written approval.
  102         Section 6. Section 343.56, Florida Statutes, is amended to
  103  read:
  104         343.56 Bonds not debts or pledges of credit of state.
  105  Revenue bonds issued under the provisions of this part are not
  106  debts of the state or pledges of the faith and credit of the
  107  state. Such bonds are payable exclusively from revenues pledged
  108  for their payment. All such bonds shall contain a statement on
  109  their face that the state is not obligated to pay the same or
  110  the interest thereon, except from the revenues pledged for their
  111  payment, and that the faith and credit of the state is not
  112  pledged to the payment of the principal or interest of such
  113  bonds. The issuance of revenue bonds under the provisions of
  114  this part does not directly, indirectly, or contingently
  115  obligate the state to levy or to pledge any form of taxation
  116  whatsoever, or to make any appropriation for their payment. No
  117  state funds shall be used or pledged to pay the principal or
  118  interest of any bonds issued to finance or refinance any portion
  119  of the South Florida Regional Transportation Authority transit
  120  system, and all such bonds shall contain a statement on their
  121  face to this effect. However, federal funds being passed through
  122  the department to the South Florida Regional Transportation
  123  Authority and those state matching funds required by the United
  124  States Department of Transportation as a condition of federal
  125  funding may be used to pay principal and interest of any bonds
  126  issued.
  127         Section 7. Section 343.57, Florida Statutes, is amended to
  128  read:
  129         343.57 Pledge to bondholders not to restrict certain rights
  130  of authority.—The state pledges to and agrees with the holders
  131  of the bonds issued pursuant to this part that the state will
  132  not limit or restrict the rights vested in the authority to
  133  construct, reconstruct, maintain, and operate any project as
  134  defined in this part, to establish and collect such fees or
  135  other charges as may be convenient or necessary to produce
  136  sufficient revenues to meet the expenses of maintenance and
  137  operation of the system, and to fulfill the terms of any
  138  agreements made with the holders of bonds authorized by this
  139  part. The state further pledges that it will not in any way
  140  impair the rights or remedies of the holders of such bonds until
  141  the bonds, together with interest thereon, are fully paid and
  142  discharged. This section or any agreement between the authority
  143  and the Department of Transportation may not be construed to
  144  require the Legislature to make or continue any appropriation of
  145  state funds to the authority, including, but not limited to, the
  146  amounts specified in s. 343.58(4), nor shall any holder of bonds
  147  have any right to require the Legislature to make or continue
  148  any appropriation of state funds.
  149         Section 8. Subsection (4) of section 343.58, Florida
  150  Statutes, is amended, and subsection (6) is added to that
  151  section, to read:
  152         343.58 County funding for the South Florida Regional
  153  Transportation Authority.—
  154         (4) Notwithstanding any other provision of law to the
  155  contrary and effective July 1, 2010, until as provided in
  156  paragraph (d), the department shall transfer annually from the
  157  State Transportation Trust Fund to the South Florida Regional
  158  Transportation Authority the amounts specified in subparagraph
  159  (a)1. or subparagraph (a)2.
  160         (a)1. If the authority becomes responsible for maintaining
  161  and dispatching the South Florida Rail Corridor:
  162         a. $15 million from the State Transportation Trust Fund to
  163  the South Florida Regional Transportation Authority for
  164  operations, maintenance, and dispatch; and
  165         b. An amount no less than the work program commitments
  166  equal to $27.1 million for fiscal year 2010-2011, as of July 1,
  167  2009, for operating assistance to the authority and corridor
  168  track maintenance and contract maintenance for the South Florida
  169  Rail Corridor.
  170         2. If the authority does not become responsible for
  171  maintaining and dispatching the South Florida Rail Corridor:
  172         a. $13.3 million from the State Transportation Trust Fund
  173  to the South Florida Regional Transportation Authority for
  174  operations; and
  175         b. An amount no less than the work program commitments
  176  equal to $17.3 million for fiscal year 2010-2011, as of July 1,
  177  2009, for operating assistance to the authority.
  178         (b) Funding required by this subsection may not be provided
  179  from the funds dedicated to the Florida Rail Enterprise under s.
  180  201.15(1)(c)1.d.
  181         (c)1. Funds provided to the authority by the department
  182  under this subsection may not be committed by the authority
  183  without the approval of the department, which may not be
  184  unreasonably withheld. At least 90 days before advertising any
  185  procurement or renewing any existing contract that will rely on
  186  state funds for payment, the authority shall notify the
  187  department of the proposed procurement or renewal and the
  188  proposed terms thereof. If the department, within 60 days after
  189  receipt of notice, objects in writing to the proposed
  190  procurement or renewal, specifying its reasons for objection,
  191  the authority may not proceed with the proposed procurement or
  192  renewal. Failure of the department to object in writing within
  193  60 days after notice shall be deemed consent. This requirement
  194  does not impair or cause the authority to cancel contracts that
  195  exist as of June 30, 2012.
  196         2. To enable the department to evaluate the authority’s
  197  proposed uses of state funds, the authority shall annually
  198  provide the department with its proposed budget for the
  199  following authority fiscal year and shall provide the department
  200  with any additional documentation or information required by the
  201  department for its evaluation of the proposed uses of the state
  202  funds.
  203         (d) Funding required by this subsection shall cease upon
  204  commencement of an alternate dedicated local funding source
  205  sufficient for the authority to meet its responsibilities for
  206  operating, maintaining, and dispatching the South Florida Rail
  207  Corridor. The authority and the department shall cooperate in
  208  the effort to identify and implement such an alternate dedicated
  209  local funding source before July 1, 2019. Upon commencement of
  210  the alternate dedicated local funding source, the department
  211  shall convey to the authority a perpetual commuter rail easement
  212  in the South Florida Rail Corridor and all of the department’s
  213  right, title, and interest in rolling stock, equipment, tracks,
  214  and other personal property owned and used by the department for
  215  the operation and maintenance of the commuter rail operations in
  216  the South Florida Rail Corridor.
  217         (6) Before the authority undertakes any new capital
  218  projects or transit system improvements not approved by the
  219  authority board, and not identified in the authority’s 5-year
  220  capital program, on or before July 1, 2012, the authority shall
  221  ensure that the funding available to the authority under this
  222  section, together with any revenues available to the authority,
  223  are currently, and are anticipated to continue to be, sufficient
  224  for the authority to meet its obligations under any agreement
  225  through which federal funds have been or are anticipated to be
  226  received by the authority.
  227         Section 9. Subsection (6) is added to section 373.413,
  228  Florida Statutes, to read:
  229         373.413 Permits for construction or alteration.—
  230         (6) It is the intent of the Legislature that the governing
  231  board or department exercise flexibility in the permitting of
  232  stormwater management systems associated with the construction
  233  or alteration of systems serving state transportation projects
  234  and facilities. Because of the unique limitations of linear
  235  facilities, the governing board or department shall balance the
  236  expenditure of public funds for stormwater treatment for state
  237  transportation projects and facilities with the benefits to the
  238  public in providing the most cost-efficient and effective method
  239  of achieving the treatment objectives. In consideration thereof,
  240  the governing board or department shall allow alternatives to
  241  onsite treatment, including, but not limited to, regional
  242  stormwater treatment systems. The Department of Transportation
  243  is responsible for treating stormwater generated from state
  244  transportation projects but is not responsible for the abatement
  245  of pollutants and flows entering its stormwater management
  246  systems from offsite sources; however, this subsection does not
  247  prohibit the Department of Transportation from receiving and
  248  managing such pollutants and flows when cost-effective and
  249  prudent. Further, in association with right-of-way acquisition
  250  for state transportation projects, the Department of
  251  Transportation is responsible for providing stormwater treatment
  252  and attenuation for the acquired right-of-way but is not
  253  responsible for modifying permits for adjacent lands affected by
  254  right-of-way acquisition when it is not the permittee. The
  255  governing board or department may establish, by rule, specific
  256  criteria to implement the management and treatment alternatives
  257  and activities under this subsection.
  258  
  259  ================= T I T L E  A M E N D M E N T ================
  260         And the title is amended as follows:
  261         Delete line 9
  262  and insert:
  263         specified terms and conditions; amending s. 343.52,
  264         F.S.; revising the definition of the term “area
  265         served” for purposes of provisions for the South
  266         Florida Regional Transportation Authority; revising a
  267         provision for expansion of the area; amending s.
  268         343.53, F.S.; revising membership of and criteria for
  269         appointment to the board of the South Florida Regional
  270         Transportation Authority; amending s. 343.54, F.S.;
  271         requiring a two-thirds vote of such board to privatize
  272         certain functions; revising a provision authorizing
  273         such authority to expand its service area; amending s.
  274         343.56, F.S., relating to bonds of the authority;
  275         removing a provision for the use of certain funds for
  276         payment of principal and interest on bonds; amending
  277         s. 343.57, F.S., relating to a state pledge to
  278         bondholders; providing for construction; providing
  279         that a bondholder had no right to require the
  280         Legislature to make any appropriation of state funds;
  281         amending s. 343.58, F.S.; providing conditions for
  282         funds provided to such authority by the department;
  283         providing for certain funding to cease upon
  284         commencement of an alternate dedicated local funding
  285         source; amending s. 373.413, F.S.; providing
  286         legislative intent regarding flexibility in the
  287         permitting of stormwater management systems; requiring
  288         the cost of stormwater treatment for a transportation
  289         project to be balanced with benefits to the public;
  290         requiring that alternatives to onsite treatment be
  291         allowed; specifying responsibilities of the department
  292         relating to abatement of pollutants and permits for
  293         adjacent lands impacted by right-of-way acquisition;
  294         authorizing water management districts and the
  295         Department of Environmental Protection to adopt rules;
  296         amending s. 373.4137,