Florida Senate - 2016                                    SB 1110
       By Senator Simmons
       10-00410-16                                           20161110__
    1                        A bill to be entitled                      
    2         An act relating to the Central Florida Expressway
    3         Authority; amending s. 348.753, F.S.; requiring the
    4         chairs of the boards of specified county commissions
    5         each to appoint one member from his or her respective
    6         county who is a commission member or chair or the
    7         county mayor to serve on the governing body of the
    8         authority; requiring Senate confirmation of members
    9         appointed to the authority by the Governor; providing
   10         that the Senate’s refusal or failure to confirm a
   11         member appointed by the Governor creates a vacancy;
   12         specifying that the terms of members appointed by the
   13         Governor end on a specified date; removing the
   14         requirement that the authority elect one of its
   15         members as secretary; amending s. 348.754, F.S.;
   16         specifying that the Central Florida Expressway
   17         Authority is a party to a certain lease-purchase
   18         agreement between the Department of Transportation and
   19         the Orlando-Orange County Expressway Authority;
   20         amending s. 348.757, F.S.; removing the requirement
   21         that title in fee simple absolute to the former
   22         Orlando-Orange County Expressway System be transferred
   23         to the state upon the completion of the faithful
   24         performance and termination of a specified lease
   25         purchase agreement; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (3) and paragraph (a) of subsection
   30  (4) of section 348.753, Florida Statutes, are amended to read:
   31         348.753 Central Florida Expressway Authority.—
   32         (3) The governing body of the authority shall consist of
   33  nine members. The chairs of the boards of the county commissions
   34  of Seminole, Lake, and Osceola Counties shall each appoint one
   35  member from his or her respective county, who must may be a
   36  commission member or chair or the county mayor. The Mayor of
   37  Orange County shall appoint a member from the Orange County
   38  Commission. Subject to confirmation by the Senate during the
   39  next regular session of the Legislature, the Governor shall
   40  appoint three citizen members, each of whom must be a resident
   41  citizen of either Orange County, Seminole County, Lake County,
   42  or Osceola County. Refusal or failure of the Senate to confirm
   43  an appointment shall create a vacancy. The eighth member must be
   44  the Mayor of Orange County and. The ninth member must be the
   45  Mayor of the City of Orlando shall also serve as members. The
   46  executive director of the Florida Turnpike Enterprise shall
   47  serve as a nonvoting advisor to the governing body of the
   48  authority. Each member appointed by the Governor shall serve for
   49  4 years, with his or her term ending on December 31 of his or
   50  her last year of service. Each county-appointed member shall
   51  serve for 2 years. The terms of standing board members expire
   52  June 20, 2014. Each appointed member shall hold office until his
   53  or her successor has been appointed and has qualified. A vacancy
   54  occurring during a term must be filled only for the balance of
   55  the unexpired term. Each appointed member of the authority must
   56  shall be a person of outstanding reputation for integrity,
   57  responsibility, and business ability, but, except as provided in
   58  this subsection, a person who is an officer or employee of a
   59  municipality or county may not be an appointed member of the
   60  authority. Any member of the authority is eligible for
   61  reappointment.
   62         (4)(a) The authority shall elect one of its members as the
   63  chair of the authority,. The authority shall also elect one of
   64  its members as vice chair, one of its members as secretary, and
   65  one of its members as treasurer. The chair, vice chair,
   66  secretary, and treasurer shall hold such offices at the will of
   67  the authority. Five members of the authority constitute a
   68  quorum, and the vote of five members is required necessary for
   69  any action taken by the authority. A vacancy in the authority
   70  does not impair the right of a quorum of the authority to
   71  exercise all of the rights and perform all of the duties of the
   72  authority.
   73         Section 2. Paragraph (e) of subsection (2) of section
   74  348.754, Florida Statutes, is amended to read:
   75         348.754 Purposes and powers.—
   76         (2) The authority may exercise all powers necessary,
   77  appurtenant, convenient, or incidental to the implementation of
   78  the stated purposes, including, but not limited to, the
   79  following rights and powers:
   80         (e) To enter into and make lease-purchase agreements with
   81  the department for terms not exceeding 99 years, or until any
   82  bonds secured by a pledge of rentals pursuant to the agreement,
   83  and any refundings pursuant to the agreement, are fully paid as
   84  to both principal and interest, whichever is longer. The
   85  authority is a party to a lease-purchase agreement between the
   86  department and the Orlando-Orange County Expressway Authority
   87  dated December 23, 1985, as supplemented by a first supplement
   88  to the lease-purchase agreement dated November 25, 1986, and a
   89  second supplement to the lease-purchase agreement dated October
   90  27, 1988. The authority may not enter into other lease-purchase
   91  agreements with the department and may not amend the existing
   92  agreement in a manner that expands or increases the department’s
   93  obligations unless the department determines that the agreement
   94  or amendment is necessary to permit the refunding of bonds
   95  issued before July 1, 2013.
   96         Section 3. Subsection (2) of section 348.757, Florida
   97  Statutes, is amended to read:
   98         348.757 Lease-purchase agreement.—
   99         (2) The lease-purchase agreement must provide for the
  100  leasing of the former Orlando-Orange County Expressway System,
  101  by the authority, as lessor, to the department, as lessee, and
  102  must prescribe the term of such lease and the rentals to be
  103  paid, and must provide that upon the completion of the faithful
  104  performance and the termination of the lease-purchase agreement,
  105  title in fee simple absolute to the former Orlando-Orange County
  106  Expressway System as then constituted shall be transferred in
  107  accordance with law by the authority, to the state and the
  108  authority shall deliver to the department such deeds and
  109  conveyances as shall be necessary or convenient to vest title in
  110  fee simple absolute in the state.
  111         Section 4. This act shall take effect July 1, 2016.