Florida Senate - 2021                                    SB 1660
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00738A-21                                          20211660__
    1                        A bill to be entitled                      
    2         An act relating to the Tampa-Hillsborough County
    3         Expressway Authority; amending s. 348.50, F.S.;
    4         renaming the Tampa-Hillsborough County Expressway
    5         Authority as the “West Florida Expressway Authority”;
    6         amending s. 348.51, F.S.; revising and defining terms;
    7         amending s. 348.52, F.S.; providing for the transfer
    8         of governance and control, property and legal rights,
    9         powers, responsibilities, and obligations from the
   10         Tampa-Hillsborough County Expressway Authority to the
   11         West Florida Expressway Authority; providing terms and
   12         conditions of the transfer; revising the composition
   13         of the governing body of the authority; revising
   14         requirements for membership, terms, and meetings;
   15         defining the term “communications media technology”;
   16         providing for expansion of the authority’s
   17         jurisdictional boundaries; amending s. 348.53, F.S.;
   18         revising the purposes of the authority; authorizing
   19         the authority to construct certain facilities within
   20         the expressway system; amending s. 348.54, F.S.;
   21         limiting the use of certain toll revenues; providing
   22         exceptions; deleting provisions relating to interest
   23         on gasoline tax funds repaid to Hillsborough County;
   24         revising powers of the authority; amending s. 348.565,
   25         F.S.; revising projects approved for financing or
   26         refinancing through revenue bonds; amending s. 348.60,
   27         F.S.; revising provisions relating to the pledge of
   28         surplus gasoline tax funds under a lease-purchase
   29         agreement; amending s. 348.61, F.S.; updating
   30         terminology; amending s. 348.62, F.S.; specifying
   31         lands and property the authority may acquire;
   32         repealing ss. 348.68 and 348.681, F.S., relating to
   33         consultation with the Hillsborough County City-County
   34         Planning Commission and design standards,
   35         respectively; renumbering and amending s. 348.70,
   36         F.S.; conforming provisions to changes made by the
   37         act; amending ss. 343.975, 348.545, 348.56, 348.57,
   38         348.58, 348.59, 348.63, 348.64, 348.65, and 348.67,
   39         F.S.; conforming provisions to changes made by the
   40         act; providing a directive to the Division of Law
   41         Revision; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 348.50, Florida Statutes, is amended to
   46  read:
   47         348.50 Title of law.—This part shall be known and may be
   48  cited as the “West Florida Tampa-Hillsborough County Expressway
   49  Authority Law.”
   50         Section 2. Section 348.51, Florida Statutes, is amended to
   51  read:
   52         348.51 Definitions.—As The following terms whenever used or
   53  referred to in this part shall have the following meanings,
   54  unless except in those instances where the context clearly
   55  indicates otherwise, the term:
   56         (1) “Agency of the state” means and includes the state and
   57  any department of, or corporation, agency, or instrumentality
   58  heretofore or hereafter created, designated, or established by,
   59  the state.
   60         (2) “Authority” means the body politic, corporate, and
   61  agency of the state created by this part.
   62         (3) “Bonds” means and includes the notes, bonds, refunding
   63  bonds, or other evidences of indebtedness or obligations, in
   64  either temporary or definitive form, which the authority is
   65  authorized to issue pursuant to this part.
   66         (4)“City” means the City of Tampa.
   67         (4)(5) “County” means each county located within the
   68  jurisdictional limits of the authority, including the County of
   69  Hillsborough County and any expansion county, as applicable.
   70         (5)“County gasoline tax funds” means all the 80-percent
   71  surplus gasoline tax funds or 20-percent surplus gasoline tax
   72  funds accruing in each year to the Department of Transportation
   73  or a county, as the case may be, for use in a county under s. 9,
   74  Art. XII of the State Constitution, after deduction, if and only
   75  to the extent necessary, of any amounts of such gasoline tax
   76  funds pledged by the Department of Transportation or a county
   77  for outstanding obligations.
   78         (6) “Department” means the Department of Transportation of
   79  Florida and any successor thereto.
   80         (7)“Expansion county” means a county in which the
   81  authority constructs or acquires a transportation facility,
   82  which may include Citrus, Hernando, Manatee, Pasco, Pinellas,
   83  and Polk Counties.
   84         (8)“Expansion event” means the adoption of a resolution or
   85  other formal action by the governing board of the authority for
   86  the authority to construct, complete, or acquire a
   87  transportation facility located in an expansion county and to
   88  include the expansion county within its jurisdictional limits.
   89         (9)(7) “Expressway system” or “system” means, generally, a
   90  modern highway system of roads, bridges, causeways, and tunnels
   91  in the metropolitan area of the city, or within any area of the
   92  county, with access limited or unlimited access as the authority
   93  may determine, and such buildings, and structures, and
   94  appurtenances, and facilities related thereto, including all
   95  approaches, streets, roads, bridges, and avenues of access for
   96  such system. A transportation facility shall become part of the
   97  expressway system of the authority upon the governing board of
   98  the authority’s designation of such transportation facility as
   99  part of its expressway system.
  100         (10)(8) “Federal agency” means and includes the United
  101  States, the President of the United States, and any department
  102  of, or bureau, corporation, agency, or instrumentality
  103  heretofore or hereafter created, designated, or established by,
  104  the United States.
  105         (9)“Hillsborough County gasoline tax funds” means all the
  106  80-percent surplus gasoline tax funds or 20-percent surplus
  107  gasoline tax funds accruing in each year to the Department of
  108  Transportation or the county, as the case may be, for use in
  109  Hillsborough County under the provisions of s. 9, Art. XII of
  110  the State Constitution, after deduction, if and only to the
  111  extent necessary, of any amounts of said gasoline tax funds
  112  heretofore pledged by the Department of Transportation or the
  113  county for outstanding obligations.
  114         (11)(10) “Lease-purchase agreement” or “lease-purchase
  115  agreements” means a the lease-purchase agreement or agreements
  116  which the authority may execute is authorized pursuant to this
  117  part to execute.
  118         (12)(11) “Members” means the governing body of the
  119  authority, and the term “member” means one of the individuals
  120  constituting such governing body.
  121         (13)(12) “Revenues” means all tolls, revenues, rates, fees,
  122  charges, receipts, rentals, contributions, including, but not
  123  limited to, contributions of revenues from a county,
  124  municipality, or other local governmental entity, and other
  125  income derived from or in connection with the operation or
  126  ownership of the expressway system, including the proceeds of
  127  any use and occupancy insurance on any portion of the system but
  128  excluding any Hillsborough County gasoline tax funds.
  129         (14)“Transportation facility” means the mobile and fixed
  130  assets, and the associated real or personal property or rights,
  131  used in the transportation of persons or property by any means
  132  of conveyance which the authority may acquire, construct, and
  133  equip pursuant to this part, and all appurtenances, including,
  134  but not limited to, highways; limited or controlled access
  135  lanes, avenues of access, and facilities; and administrative and
  136  other office space, for the exercise by the authority of the
  137  powers and obligations granted in this part.
  138         (15)(13) Words importing singular number include the plural
  139  number in each case and vice versa, and words importing persons
  140  include firms and corporations.
  141         Section 3. Section 348.52, Florida Statutes, is amended to
  142  read:
  143         348.52 West Florida Tampa-Hillsborough County Expressway
  144  Authority.—
  145         (1) There is hereby created and established a body politic
  146  and corporate, an agency of the state, to be known as the “West
  147  Florida Tampa-Hillsborough County Expressway Authority.”
  148         (2)(a) Immediately on July 1, 2021, the West Florida
  149  Expressway Authority shall assume the governance and control of
  150  the expressway system operated by the former Tampa-Hillsborough
  151  County Expressway Authority, including its assets, personnel,
  152  contracts, obligations, liabilities, facilities, and tangible
  153  and intangible property. Any rights in such property and other
  154  legal rights of the former Tampa-Hillsborough County Expressway
  155  Authority are transferred to the West Florida Expressway
  156  Authority. The West Florida Expressway Authority shall
  157  immediately succeed to and assume the powers, responsibilities,
  158  and obligations of the former Tampa-Hillsborough County
  159  Expressway Authority.
  160         (b) The transfer pursuant to this subsection is subject to
  161  the terms and covenants provided for the protection of the
  162  holders of the former Tampa-Hillsborough County Expressway
  163  Authority bonds in the lease-purchase agreement and the
  164  resolutions adopted in connection with the issuance of the bonds
  165  and any and all bonds issued pursuant to a resolution or trust
  166  indenture subsequent to the lease-purchase agreement. Further,
  167  the transfer does not impair the terms of the contract between
  168  the West Florida Expressway Authority and the bondholders, does
  169  not act to the detriment of the bondholders, and does not
  170  diminish the security for the bonds. After the transfer, the
  171  West Florida Expressway Authority shall operate and maintain the
  172  expressway system and any other facilities of the West Florida
  173  Expressway Authority in accordance with the terms, conditions,
  174  and covenants contained in the bond resolutions securing the
  175  bonds of the authority. The West Florida Expressway Authority
  176  shall collect toll revenues and apply them to the payment of
  177  debt service as provided in the bond resolution securing all
  178  bonds and shall expressly assume all obligations relating to all
  179  bonds to ensure that the transfer has no adverse impact on the
  180  security for all bonds. The transfer does not make the
  181  obligation to pay the principal and interest on the bonds a
  182  general liability of the West Florida Expressway Authority or
  183  pledge additional expressway system revenues to payment of the
  184  bonds. Expressway system revenues that are generated by the
  185  expressway system and other facilities of the West Florida
  186  Expressway Authority which were pledged by the former Tampa
  187  Hillsborough County Expressway Authority to payment of the bonds
  188  will remain subject to the pledge for the benefit of the
  189  bondholders.
  190         (3)(2) The governing body of the authority shall initially
  191  consist of a board of seven members but shall be subject to
  192  increase to no more than 13 members through the addition of a
  193  new member for each expansion county upon the expansion of the
  194  authority’s jurisdiction to include such expansion county in
  195  accordance with subsection (6).
  196         (a) Four of the members shall be appointed by the Governor,
  197  one of whom must be a resident of Hillsborough County, and the
  198  remainder of whom may be residents of Hillsborough County or any
  199  expansion county upon the expansion of the authority’s
  200  jurisdiction to include such expansion county, subject to
  201  confirmation by the Senate at the next regular session of the
  202  Legislature. Refusal or failure of the Senate to confirm an
  203  appointment shall create a vacancy. A board member currently
  204  serving an unexpired term on the former Tampa-Hillsborough
  205  County Expressway Authority as of the effective date of this act
  206  shall continue to serve the remainder of his or her unexpired
  207  term. Each member of the governing board, including each member
  208  representing an expansion county, shall be subject to the
  209  following:
  210         1. Each such member’s term of office shall be for 4 years
  211  or until his or her successor is shall have been appointed and
  212  qualified. However, the respective initial term of one or more
  213  members representing an expansion county may be for 2 years at
  214  the sole discretion of the governing board in order to achieve
  215  staggered terms of office for its governing board members.
  216         2. A vacancy Vacancies occurring in the governing board
  217  body for any member before such members prior to the expiration
  218  of the affected term shall be filled for the unexpired term.
  219         3. The Governor may shall have the authority to remove from
  220  office any such member of the governing board body in the manner
  221  and for cause defined by the laws of this state.
  222         4. Each such member, before entering upon his or her
  223  official duties, shall take and subscribe to an oath before an
  224  some official authorized by law to administer oaths that he or
  225  she will honestly, faithfully, and impartially perform the
  226  duties devolving upon him or her in office as a member of the
  227  governing board body of the authority and that he or she will
  228  not neglect any duties imposed upon him or her by this part.
  229         (b) One member shall be the mayor, or the mayor’s designee
  230  designate, who shall be the chair of the city council of the
  231  city in Hillsborough County having the largest population,
  232  according to the latest decennial census, who shall serve as a
  233  member ex officio.
  234         (c) One member shall be a member of the Board of County
  235  Commissioners of Hillsborough County, selected by such board,
  236  who shall serve as a member ex officio.
  237         (d) One member shall be the district secretary of the
  238  department of Transportation serving in the district that
  239  contains Hillsborough County, who shall serve as a member ex
  240  officio.
  241         (e) After the occurrence of an expansion event in a
  242  particular expansion county, the governing board shall be
  243  increased by one additional ex officio voting member for each
  244  such expansion county, which member must be a member of the
  245  board of county commissioners of such expansion county, selected
  246  by such board of county commissioners. Such increase in board
  247  membership shall become effective on the date that such
  248  expansion county member takes the oath required under
  249  subparagraph (a)4.
  250         (4)(3) The authority shall designate one of its members as
  251  chair. The members of the authority are shall not be entitled to
  252  compensation but are shall be entitled to receive their travel
  253  and other necessary expenses as provided in s. 112.061. A
  254  majority of the members of the authority shall constitute a
  255  quorum, and resolutions enacted or adopted by a vote of a
  256  majority of the members present and voting at any meeting shall
  257  become effective without publication or posting or any further
  258  action of the authority.
  259         (5) Authority meetings and workshops may be conducted using
  260  communications media technology. The notice for any such public
  261  meeting or workshop shall state that the meeting or workshop
  262  will be conducted through the use of communications media
  263  technology, specify how persons interested in attending may do
  264  so, and provide a location where communications media technology
  265  facilities are available. The participation by a member in an
  266  authority meeting or workshop conducted using communications
  267  media technology constitutes that member’s presence at such
  268  meeting or workshop and shall count toward a quorum. For
  269  purposes of this subsection, the term “communications media
  270  technology” means conference telephone, video conference, or
  271  other communications technology by which all persons attending a
  272  public meeting or workshop may audibly communicate.
  273         (6) The authority’s jurisdictional boundaries shall be
  274  automatically expanded to include any one or more expansion
  275  counties upon the occurrence of an expansion. However, an
  276  expansion event must occur on or before:
  277         (a) The date that the authority makes a final written
  278  determination to undertake a transportation facility located in
  279  the jurisdictional limits of an expansion county by adding
  280  elements of the study, design, engineering, acquisition,
  281  construction, or equipping of such transportation facility to
  282  its work plan; or
  283         (b) The effective date that the authority becomes the owner
  284  of a transportation facility located in the jurisdictional
  285  limits of an expansion county.
  286  
  287  A delay in the designation of an expansion county board member
  288  shall not affect the expansion of the authority’s jurisdiction
  289  under this part.
  290         (7)(4) The authority may employ a secretary and executive
  291  director, its own counsel and legal staff, and such legal,
  292  financial, and other professional consultants, technical
  293  experts, engineers, and employees, permanent or temporary, as it
  294  may require and may determine the qualifications and fix the
  295  compensation of such persons, firms, or corporations. The
  296  authority may contract with the Division of Bond Finance of the
  297  State Board of Administration for any financial services
  298  authorized herein.
  299         (8)(5) The authority may delegate to one or more of its
  300  officers or employees such of its powers as it deems shall deem
  301  necessary to carry out the purposes of this part, subject always
  302  to the supervision and control of the authority. A member
  303  Members of the governing board authority may be removed from
  304  their office by the Governor for misconduct, malfeasance,
  305  misfeasance, or and nonfeasance in office.
  306         Section 4. Section 348.53, Florida Statutes, is amended to
  307  read:
  308         348.53 Purposes of the authority.—
  309         (1) The purposes of the authority are, and the authority
  310  has the is created for the purposes and shall have power, to
  311  construct, reconstruct, improve, extend, repair, maintain, and
  312  operate the expressway system. It is hereby found and declared
  313  that such purposes are in all respects for the benefit of the
  314  people of the State of Florida, the City of Tampa, and the West
  315  Florida region County of Hillsborough for the increase of their
  316  pleasure, convenience, and welfare; for the improvement of their
  317  health; and to facilitate transportation, including managed
  318  lanes and other transit supporting facilities, for their
  319  recreation and commerce and for the common defense. The
  320  authority is performing a public purpose and a governmental
  321  function in carrying out its corporate purpose and in exercising
  322  the powers granted in this section herein.
  323         (2) In the construction of the expressway system, the
  324  authority may construct any extensions, additions, or
  325  improvements to the system or appurtenant facilities, including
  326  all necessary approaches, roads, bridges, avenues of access, and
  327  boulevards, with any changes, modifications, or revisions of any
  328  project which are deemed desirable and proper.
  329         Section 5. Section 348.54, Florida Statutes, is amended to
  330  read:
  331         348.54 Powers of the authority.—Except as otherwise limited
  332  herein, the authority shall have the power:
  333         (1) To sue and be sued, implead and be impleaded, and
  334  complain and defend in all courts.
  335         (2) To adopt, use, and alter at will, a seal.
  336         (3) To acquire, purchase, hold, lease as lessee, and use
  337  any franchise, property, real, personal or mixed, tangible or
  338  intangible, or any interest therein, necessary or desirable for
  339  carrying out the purposes of the authority, and to sell, lease
  340  as lessor, transfer, and dispose of any property or interest
  341  therein at any time acquired by it.
  342         (4) To construct, reconstruct, or improve on or along the
  343  expressway system suitable facilities for gas stations,
  344  restaurants, and other facilities for the public.; Such
  345  facilities may be publicly offered for leasing for operation
  346  under rules and regulations to be established by the authority.
  347         (5) To enter into and make lease-purchase agreements as
  348  provided in s. 348.60 for terms not exceeding 40 years, or until
  349  all bonds secured by a pledge thereunder, and all refundings
  350  thereof, are fully paid as to both principal and interest,
  351  whichever is longer.
  352         (6) To fix, alter, charge, establish, and collect tolls,
  353  rates, fees, rentals, and other charges for the services and
  354  facilities of the expressway system, which tolls, rates, fees,
  355  rentals, and other charges shall always be sufficient to comply
  356  with any covenants made with the holders of any bonds.;
  357  provided, However, that such right and power, or any part
  358  thereof, may be assigned or delegated, by the authority, to the
  359  lessee under a lease-purchase agreement. Toll revenues
  360  attributable to a toll rate increase for the use of a portion of
  361  the expressway system that become effective on or after the date
  362  that the jurisdiction of the authority is first expanded to
  363  include any one or more expansion counties may not be used to
  364  construct or expand a different portion of the system unless a
  365  two-thirds majority of the members of the authority governing
  366  board, determined as of the time of such vote, votes to approve
  367  such use. This requirement does not apply if and to the extent
  368  that application of the requirement would:
  369         (a) Violate any covenant established in a resolution or
  370  trust indenture under which bonds were issued by the authority
  371  on or before the first date that the authority’s jurisdiction is
  372  expanded to include one or more expansion counties; or
  373         (b) Cause the authority to be unable to meet its
  374  obligations under the terms of the October 2012 memorandum of
  375  agreement between the authority and the department.
  376         (7) To borrow money and to make and issue negotiable bonds,
  377  notes, refunding bonds, and other evidences of indebtedness or
  378  obligations, either in temporary or definitive form, referred to
  379  hereinafter in this chapter referred to as “bonds of the
  380  authority,” for the purpose of financing all or part of the
  381  improvement or extension of the expressway system and
  382  appurtenant facilities, including all approaches, streets,
  383  roads, bridges, and avenues of access for the expressway system,
  384  and for any other purpose authorized by this part, and to
  385  provide for the rights of the holders thereof.
  386         (8) To secure the payment of bonds by a pledge of all or
  387  any portion of the expressway system revenues or such other
  388  moneys legally available therefor and of all or any portion of a
  389  county’s the Hillsborough County gasoline tax funds in the
  390  manner provided by this part; and in general to provide for the
  391  security of the bonds and the rights and remedies of the holders
  392  thereof. Interest upon the amount of gasoline tax funds to be
  393  repaid to the county pursuant to s. 348.60 shall be payable, at
  394  the highest rate applicable to any outstanding bonds of the
  395  authority, out of revenues and other available moneys not
  396  required to meet the authority’s obligations to its bondholders.
  397  The authority may not, shall have no power at any time or in any
  398  manner, to pledge the credit or taxing power of the state or any
  399  political subdivision or agency thereof, including a the city
  400  and a the county, nor shall any of the authority’s obligations
  401  be deemed to be obligations of the state or of any political
  402  subdivision or agency thereof, nor shall the state or any
  403  political subdivision or agency thereof, except the authority,
  404  be liable for the payment of the principal of or interest on
  405  such obligations.
  406         (9) To make contracts of every name and nature and to
  407  execute all instruments necessary or convenient for the carrying
  408  on of its business.
  409         (10) Without limitation of the foregoing, to borrow money
  410  and accept gifts or grants from, and to enter into contracts,
  411  leases, or other transactions with, any federal agency, the
  412  state, any agency of the state, a the county, a the city, or
  413  with any other public body of the state or any other person and
  414  to comply with the terms and conditions thereof.
  415         (11) To have the power Of eminent domain.
  416         (12) To construct and maintain over, under, along, or
  417  across the expressway system, telephone, telegraph, television,
  418  electric power, and other wires or cables, pipelines, water
  419  mains, and other conduits and mechanical equipment, not
  420  inconsistent with the appropriate use of the system, or to
  421  contract for such construction,; and, upon such terms and
  422  conditions as the authority determines shall determine, to lease
  423  all or any part of such property and facilities or the right to
  424  use such property and facilities the same whether such
  425  facilities are constructed by the authority or under a contract
  426  for such construction, for a period of not more than 20 years
  427  from the date when such lease is made.
  428         (13) To do all acts and things necessary or convenient for
  429  the conduct of its business and the general welfare of the
  430  authority, in order to carry out the powers granted to it by
  431  this part or any other law.
  432         (14) To enter into partnerships, contracts, and agreements,
  433  including, but not limited to, interlocal agreements, with any
  434  federal, state, or local governmental entity with respect to the
  435  purposes of this part.
  436  
  437  Before entering into any sale, lease, transfer, or disposition
  438  of its real properties under subsection (3), leasing any of its
  439  facilities under subsection (4), or taking final action under
  440  subsection (7), the authority shall give notice thereof by
  441  publication on at least 5 separate days in a newspaper of
  442  general circulation in the affected county. Such notice shall
  443  state the place and time, not less than 14 days after the first
  444  such publication, when objections may be filed with and heard by
  445  the authority.
  446         (14) Prior to entering into any sale, lease, transfer or
  447  disposition of its real properties pursuant to subsection (3),
  448  leasing any of its facilities pursuant to subsection (4), or
  449  taking final action under subsection (7), the authority shall
  450  give notice thereof by publication on at least 5 separate days,
  451  in a newspaper of general circulation in the county. Such notice
  452  shall state the place and time, not less than 14 days following
  453  the first such publication, when objections may be filed with
  454  and heard by the authority.
  455         (15) With the consent of the county within whose
  456  jurisdiction the activities occur, to construct, operate, and
  457  maintain roads, bridges, avenues of access, thoroughfares, and
  458  boulevards and managed lanes and other transit supporting
  459  facilities outside of the jurisdictional boundaries of
  460  Hillsborough County and within the jurisdictional boundaries of
  461  counties contiguous to Hillsborough County, together with the
  462  right to construct, repair, replace, operate, install, and
  463  maintain such facilities and electronic toll payment systems
  464  thereon or incidental thereto, with all necessary and incidental
  465  powers to accomplish the foregoing.
  466         Section 6. Section 348.565, Florida Statutes, is amended to
  467  read:
  468         348.565 Revenue bonds for specified projects.—The existing
  469  facilities that constitute the Tampa-Hillsborough County
  470  expressway system are hereby approved to be refinanced by
  471  revenue bonds issued by the Division of Bond Finance of the
  472  State Board of Administration pursuant to s. 11(f), Art. VII of
  473  the State Constitution and the State Bond Act or by revenue
  474  bonds issued by the authority pursuant to s. 348.56(1)(b). In
  475  addition, the capital projects that the authority is authorized
  476  to acquire, construct, reconstruct, equip, operate, and maintain
  477  under this part following projects of the Tampa-Hillsborough
  478  County Expressway Authority are approved to be financed or
  479  refinanced by the issuance of revenue bonds in accordance with
  480  this part and s. 11(f), Art. VII of the State Constitution:
  481         (1) Brandon area feeder roads.
  482         (2) Capital improvements to the expressway system,
  483  including safety and operational improvements and toll
  484  collection equipment.
  485         (3) Lee Roy Selmon Crosstown Expressway System widening,
  486  and any extensions thereof.
  487         (4) The connector highway linking the Lee Roy Selmon
  488  Crosstown Expressway to Interstate 4.
  489         (5) Capital projects that the authority is authorized to
  490  acquire, construct, reconstruct, equip, operate, and maintain
  491  pursuant to this part, including, without limitation, s.
  492  348.54(15), provided that any financing of such projects does
  493  not pledge the full faith and credit of the state.
  494         Section 7. Section 348.60, Florida Statutes, is amended to
  495  read:
  496         348.60 Lease-purchase agreements.—
  497         (1) In order to effectuate the purposes of this part, the
  498  authority may enter into lease-purchase agreements with a the
  499  city, a the county, or the state or any agency thereof,
  500  including the department, and any federal agency relating to and
  501  covering the expressway system or any portion thereof.
  502         (2) Such lease-purchase agreements may provide for the
  503  leasing of the expressway system or any portion thereof by the
  504  authority as lessor to any one or more of the aforementioned
  505  governmental entities or agencies as lessee, shall prescribe the
  506  term of such lease and the rentals to be paid thereunder, and
  507  may provide that upon the completion of the faithful performance
  508  thereunder and the termination of such lease-purchase
  509  agreements, title in fee simple absolute to the expressway
  510  system, as then constituted, shall be transferred in accordance
  511  with law by the authority to such lessee or otherwise as
  512  provided in such agreements. In the event of such transfer to
  513  the lessee, the authority shall deliver to such lessee such
  514  deeds and conveyances as shall be necessary or convenient to
  515  vest title in fee simple absolute in such lessee.
  516         (3) The lease-purchase agreements may include such other
  517  provisions, agreements, and covenants as the authority and the
  518  lessee deem advisable or necessary, including, but not limited
  519  to, provisions with respect to bonds;, the construction,
  520  reconstruction, extension, improvements, operation, repair, and
  521  maintenance of the expressway system;, the expenses and costs of
  522  operation of the system and of the authority;, the charging and
  523  collecting of tolls, rates, fees, and other charges for the use
  524  of the services and facilities thereof;, the application of
  525  federal, state, or other grants or aid that which may be made or
  526  given to assist the authority;, the enforcement of payment and
  527  collection of rentals; and any other terms, provisions, or
  528  covenants necessary, incidental, or convenient to the making of
  529  and full performance under such lease-purchase agreements.
  530         (a) In the event the department is a lessee under any such
  531  lease-purchase agreement, the department may it is authorized to
  532  pay as rentals thereunder in addition to the expressway system
  533  revenues accruing thereto from the operation of the expressway
  534  system, all or any portion of the Hillsborough county gasoline
  535  tax funds and may also pay as rentals any appropriations
  536  received by the department pursuant to any act of the
  537  Legislature. heretofore or hereafter enacted; provided, However,
  538  that nothing herein or nor in such lease-purchase agreement
  539  requires shall be construed to require the Legislature to make
  540  or continue such appropriations, and a nor shall any holder of
  541  bonds does not ever have any right to require the Legislature to
  542  make or continue such appropriations.
  543         (b) In the event a the county is a lessee under any such
  544  lease-purchase agreement, the county may it shall be authorized
  545  to pay as rentals thereunder in addition to the expressway
  546  revenues accruing to the county from the operation of the
  547  expressway system all or any part of the 20-percent surplus
  548  gasoline tax funds accruing to the Hillsborough county.
  549         (4) A No pledge of either the 80-percent surplus gasoline
  550  tax funds or the 20-percent surplus gasoline tax funds under any
  551  such lease-purchase agreement may not shall be made without the
  552  consent of the county evidenced by a resolution duly adopted by
  553  its board of county commissioners, which resolution may
  554  authorize the execution and delivery of an interlocal agreement
  555  between the authority and the county setting forth the terms and
  556  provisions for the use by the authority of any such gasoline tax
  557  funds nor unless the revenues pledged under any such lease
  558  purchase agreements are estimated by the authority to aggregate
  559  during the term of such lease-purchase agreements not less than
  560  the principal amount of the bonds secured thereunder plus
  561  interest thereon. Such resolution, among other things shall
  562  provide that any excess of such pledge of the Hillsborough
  563  County gasoline tax funds which is not required for debt service
  564  or reserves for such debt service for any bonds shall be
  565  returned annually to the appropriate board or agency for
  566  distribution to the county as provided by law; and shall
  567  provide, further, that any Hillsborough County gasoline tax
  568  funds actually expended for such debt service, shall be repaid
  569  with interest out of revenues and other available moneys not
  570  required to meet the authority’s obligations to its bondholders,
  571  as determined by the authority.
  572         (5) A Any lessee under any such lease-purchase agreement
  573  may agreements shall have power to covenant therein that it will
  574  pay all or any part of the cost of the operation, maintenance,
  575  repair, renewal, and replacement of the expressway system, and
  576  any part of the cost of completing such system, to the extent
  577  that the proceeds of bonds issued therefor are insufficient,
  578  from sources other than expressway system revenues and
  579  Hillsborough county gasoline tax funds. Any Such lessee may also
  580  agree to make such other payments from moneys available to a the
  581  county, a the city, the authority, or the department in
  582  connection with the construction or completion of the expressway
  583  such system as shall be deemed by such lessee to be fair and
  584  proper under any such covenants heretofore or hereafter entered
  585  into.
  586         (6) The expressway system shall be a part of the state road
  587  system. The department may is hereby authorized, upon request of
  588  the authority, to expend out of any funds available for the
  589  purpose, such moneys, and to use such of its engineering or
  590  other forces, as may be necessary and desirable in the judgment
  591  of the department, for the operation of the authority and for
  592  traffic surveys, borings, surveys, preparation of plans and
  593  specifications, estimates of costs, preliminary engineering, and
  594  other studies.
  595         Section 8. Section 348.61, Florida Statutes, is amended to
  596  read:
  597         348.61 Department may be appointed agent of authority for
  598  construction.—The department may be appointed by the authority
  599  as its agent for the purpose of constructing, reconstructing,
  600  improving, extending, or repairing the expressway system. In
  601  such event, the authority shall provide the department with
  602  complete copies of all documents, agreements, resolutions,
  603  contracts, and instruments relating thereto and shall request
  604  the department to do such construction work, including the
  605  planning, surveying, and actual construction involved, and shall
  606  transfer to the credit of an account of the department in the
  607  Treasury of the state the necessary funds therefor. The
  608  department shall then thereupon be authorized, empowered, and
  609  directed to proceed with such construction work and to use such
  610  the said funds for such purpose and in the same manner that it
  611  is now authorized to use the funds otherwise authorized by law
  612  for its use in construction of roads and bridges.
  613         Section 9. Section 348.62, Florida Statutes, is amended to
  614  read:
  615         348.62 Acquisition of lands and property.—
  616         (1) For the purpose of this part, The authority may acquire
  617  private or public property and property rights, including rights
  618  of access, air, view, and light, by gift, devise, purchase, or
  619  condemnation by eminent domain proceedings, as the authority
  620  deems may deem necessary for any of the purposes of this part,
  621  including, but not limited to, any lands reasonably necessary
  622  for securing applicable permits, areas necessary for management
  623  of access, borrow pits, drainage ditches, water retention areas,
  624  rest areas, and replacement access for landowners whose access
  625  is impaired due to the construction of a transportation
  626  facility. The right of eminent domain herein conferred in this
  627  subsection shall be exercised by the authority in the manner
  628  provided by law, in particular chapter 74.
  629         (2) The authority may acquire such rights, title, interest,
  630  or easements in such lands and property as it deems may deem
  631  necessary for any of the purposes of this part.
  632         (3) In connection with the acquisition of property or
  633  property rights as herein provided in this section, the
  634  authority may, in its discretion, acquire an entire lot, block,
  635  parcel, or tract of land, if by so doing the interest of the
  636  public will be best served, even though such entire lot, block,
  637  parcel, or tract is not immediately needed for the right-of-way
  638  proper.
  639         Section 10. Sections 348.68 and 348.681, Florida Statutes,
  640  are repealed.
  641         Section 11. Section 348.70, Florida Statutes, is renumbered
  642  as section 348.682, Florida Statutes, and amended to read:
  643         348.682 348.70 This part complete and additional
  644  authority.—
  645         (1) The powers conferred by this part are shall be in
  646  addition and supplemental to the existing respective powers of
  647  the authority, the department, a the county, and a the city, if
  648  any, and this part does shall not repeal be construed as
  649  repealing any of the provisions of any other law, general,
  650  special, or local, but supersedes shall be deemed to supersede
  651  such other law or laws in the exercise of the powers provided in
  652  this part insofar as such other law or laws are inconsistent
  653  with the provisions of this part and to provide a complete
  654  method for the exercise of the powers granted in this part
  655  herein. The construction, reconstruction, improvement,
  656  extension, repair, maintenance, and operation of the expressway
  657  system, and the issuance of bonds under this part hereunder to
  658  finance all or part of the cost thereof, may be accomplished
  659  upon compliance with the provisions of this part without regard
  660  to or necessity for compliance with the provisions, limitations,
  661  or restrictions contained in any other general, special, or
  662  local law, including, but not limited to, s. 215.821, and no
  663  approval of any bonds issued under this part by the qualified
  664  electors or qualified electors who are freeholders in the state
  665  or in a the county or in the city or in any other political
  666  subdivision of the state is not shall be required for the
  667  issuance of such bonds.
  668         (2) This part does not repeal, rescind, or modify any other
  669  law or laws relating to the State Board of Administration, the
  670  Department of Transportation, or the Division of Bond Finance of
  671  the State Board of Administration, but supersedes shall
  672  supersede such other law or laws as are inconsistent with the
  673  provisions of this part, including, but not limited to, s.
  674  215.821.
  675         Section 12. Subsection (2) of section 343.975, Florida
  676  Statutes, is amended to read:
  677         343.975 Complete and additional statutory authority.—
  678         (2) This part does not repeal, rescind, or modify any other
  679  law relating to the State Board of Administration, the
  680  Department of Transportation, the West Florida Tampa
  681  Hillsborough County Expressway Authority, or the Division of
  682  Bond Finance within the State Board of Administration; however,
  683  this part supersedes such other laws as are inconsistent with
  684  its provisions, including, but not limited to, s. 215.821.
  685         Section 13. Section 348.545, Florida Statutes, is amended
  686  to read:
  687         348.545 Facility improvement; bond financing authority.
  688  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  689  Legislature hereby approves for bond financing by the West
  690  Florida Tampa-Hillsborough County Expressway Authority
  691  improvements to toll collection facilities, interchanges to the
  692  legislatively approved expressway system, and any other facility
  693  appurtenant, necessary, or incidental to the approved system.
  694  Subject to terms and conditions of applicable revenue bond
  695  resolutions and covenants, such costs may be financed in whole
  696  or in part by revenue bonds issued pursuant to s. 348.56(1)(a)
  697  or (b), whether currently issued or issued in the future, or by
  698  a combination of such bonds.
  699         Section 14. Section 348.56, Florida Statutes, is amended to
  700  read:
  701         348.56 Bonds of the authority.—
  702         (1)(a) Bonds may be issued on behalf of the authority
  703  pursuant to the State Bond Act.
  704         (b) Alternatively, the authority may shall have the power
  705  and is hereby authorized from time to time to issue bonds in
  706  such principal amount as, in the opinion of the authority, shall
  707  be necessary to provide sufficient moneys for achieving its
  708  corporate purposes, including construction, reconstruction,
  709  improvement, extension, repair, maintenance, and operation of
  710  the expressway system, the cost of acquisition of all real
  711  property, interest on bonds during construction and for a
  712  reasonable period thereafter, establishment of reserves to
  713  secure bonds, and all other expenditures of the authority
  714  incident to and necessary or convenient to carry out its
  715  corporate purposes and powers.
  716         (2)(a) Bonds issued by the authority pursuant to paragraph
  717  (1)(a) or paragraph (1)(b) shall be authorized by resolution of
  718  the members of the authority and shall bear such date or dates,
  719  mature at such time or times, not exceeding 40 years from their
  720  respective dates, bear interest at such rate or rates, not
  721  exceeding the maximum rate fixed by general law for authorities,
  722  be in such denominations, be in such form, either coupon or
  723  fully registered, carry such registration, exchangeability, and
  724  interchangeability privileges, be payable in such medium of
  725  payment and at such place or places, be subject to such terms of
  726  redemption, and be entitled to such priorities of lien on the
  727  revenues, other available moneys, and any the Hillsborough
  728  county gasoline tax funds as such resolution or any resolution
  729  subsequent thereto may provide. The bonds shall be executed
  730  either by manual or facsimile signature by such officers as the
  731  authority determines shall determine, provided that such bonds
  732  shall bear at least one signature that which is manually
  733  executed thereon. The coupons attached to such bonds shall bear
  734  the facsimile signature or signatures of such officer or
  735  officers as shall be designated by the authority. Such bonds
  736  shall have the seal of the authority affixed, imprinted,
  737  reproduced, or lithographed thereon.
  738         (b) The bonds issued pursuant to paragraph (1)(a) or
  739  paragraph (1)(b) shall be sold at public sale in the same manner
  740  provided in the State Bond Act. However, if the authority
  741  determines, by official action at a public meeting, that a
  742  negotiated sale of such bonds is in the best interest of the
  743  authority, the authority may negotiate the sale of such bonds
  744  with the underwriter or underwriters designated by the authority
  745  and the Division of Bond Finance within the State Board of
  746  Administration with respect to bonds issued pursuant to
  747  paragraph (1)(a) or solely by the authority with respect to
  748  bonds issued pursuant to paragraph (1)(b). The authority’s
  749  determination to negotiate the sale of such bonds may be based,
  750  in part, upon the written advice of the authority’s financial
  751  adviser. Pending the preparation of definitive bonds, temporary
  752  bonds or interim certificates may be issued to the purchaser or
  753  purchasers of such bonds and may contain such terms and
  754  conditions as the authority determines may determine.
  755         (3) Any such resolution or resolutions authorizing any
  756  bonds may contain provisions that which shall be part of the
  757  contract with the holders of such bonds, as to:
  758         (a) The pledging of all or any part of the expressway
  759  system revenues, the Hillsborough county gasoline tax funds, or
  760  other moneys lawfully available therefor.
  761         (b) The construction, reconstruction, improvement,
  762  extension, repair, maintenance, operation, lease, or lease
  763  purchase of the expressway system, or any part or parts thereof,
  764  and the duties and obligations of the authority and others,
  765  including the department, with reference thereto.
  766         (c) Limitations on the purposes to which the proceeds of
  767  the bonds, then or thereafter to be issued, or of any loan or
  768  grant by any federal agency or the state or any political
  769  subdivision thereof may be applied.
  770         (d) The fixing, charging, establishing, revising,
  771  increasing, reducing, and collecting of tolls, rates, fees,
  772  rentals, or other charges for use of the services and facilities
  773  of the expressway system or any part thereof.
  774         (e) The setting aside of reserves or of sinking funds and
  775  the regulation and disposition thereof.
  776         (f) Limitations on the issuance of additional bonds.
  777         (g) The terms and provisions of any lease-purchase
  778  agreement, deed of trust, or indenture securing the bonds, or
  779  under which such bonds same may be issued.
  780         (h) Any other or additional matters, of like or different
  781  character, which in any way affect the security or protection of
  782  the bonds.
  783         (4) The authority may enter into any deeds of trust,
  784  indentures, or other agreements with any bank or trust company
  785  within or without the state, as security for such bonds, and
  786  may, under such agreements, assign and pledge all or any of the
  787  expressway system revenues and other available moneys, including
  788  all or any portion of any the Hillsborough county gasoline tax
  789  funds, pursuant to the terms of this part. Such deed of trust,
  790  indenture, or other agreement, may contain such provisions as
  791  are customary in such instruments or as the authority may
  792  authorize, including, but not limited to without limitation,
  793  provisions as to:
  794         (a) The pledging of all or any part of the expressway
  795  system revenues, any the Hillsborough county gasoline tax funds,
  796  or other moneys lawfully available therefor.
  797         (b) The application of funds and the safeguarding of funds
  798  on hand or on deposit.
  799         (c) The rights and remedies of the trustee and the holders
  800  of the bonds.
  801         (d) The terms and provisions of the bonds or the
  802  resolutions authorizing the issuance of such bonds the same.
  803         (e) Any other or additional matters, of like or different
  804  character, which in any way affect the security or protection of
  805  the bonds.
  806         (5) Any of The bonds issued pursuant to this part are, and
  807  are hereby declared to be, negotiable instruments, and shall
  808  have all the qualities and incidents of negotiable instruments
  809  under the law merchant and the negotiable instruments law of the
  810  state.
  811         (6) It is the intention hereof that any pledge made by the
  812  authority shall be valid and binding from the time when the
  813  pledge is made; that the moneys so pledged and thereafter
  814  received by the authority shall immediately be subject to the
  815  lien of such pledge without any physical delivery thereof or
  816  further act, and that the lien of any such pledge shall be valid
  817  and binding as against all parties having claims of any kind in
  818  tort, contract, or otherwise against the authority, irrespective
  819  of whether such parties have notice thereof. A Neither the
  820  resolution or nor any other instrument by which a pledge is
  821  created is not required to need be recorded.
  822         (7) A member or other Neither the members nor any person
  823  executing the bonds is not shall be liable personally on the
  824  bonds or be subject to any personal liability or accountability
  825  by reason of the issuance thereof.
  826         (8) The authority may, shall have power out of any funds
  827  available therefor, to purchase bonds, which shall thereupon be
  828  canceled, at a price not exceeding, if the bonds are then
  829  redeemable, the redemption price then applicable plus accrued
  830  interest to the next date of redemption thereof, or if the bonds
  831  are not then redeemable, the redemption price applicable on the
  832  first date after such purchase upon which the bonds become
  833  subject to redemption plus accrued interest to such said date.
  834         Section 15. Section 348.57, Florida Statutes, is amended to
  835  read:
  836         348.57 Refunding bonds.—
  837         (1) Subject to public notice as provided in s. 348.54, the
  838  authority may is authorized to provide by resolution for the
  839  issuance from time to time of bonds pursuant to s. 348.56(1)(b)
  840  for the purpose of refunding any bonds then outstanding
  841  regardless of whether the bonds being refunded were issued by
  842  the authority pursuant to this chapter or on behalf of the
  843  authority pursuant to the State Bond Act. The authority is
  844  further authorized to provide by resolution for the issuance of
  845  bonds for the combined purpose of:
  846         (a) Paying the cost of constructing, reconstructing,
  847  improving, extending, repairing, maintaining, and operating the
  848  expressway system.
  849         (b) Refunding bonds then outstanding. The authorization,
  850  sale, and issuance of such obligations, the maturities and other
  851  details thereof, the rights and remedies of the holders thereof,
  852  and the rights, powers, privileges, duties, and obligations of
  853  the authority with respect to such bonds the same shall be
  854  governed by the foregoing provisions of this part insofar as the
  855  same may be applicable.
  856         (2) In the event that the authority determines shall
  857  determine to issue bonds for the purpose of refunding any
  858  outstanding bonds before prior to the maturity thereof, the
  859  proceeds of such refunding bonds may, pending the redemption of
  860  the bonds to be refunded, be invested in direct obligations of
  861  the United States. It is the express intention of this part that
  862  outstanding bonds may be refunded and retired by and upon the
  863  issuance of bonds notwithstanding that all or a portion of such
  864  outstanding bonds will not mature or become redeemable until
  865  after the date of issuance of such refunding bonds.
  866         Section 16. Section 348.58, Florida Statutes, is amended to
  867  read:
  868         348.58 Remedies.—
  869         (1) The rights and the remedies herein conferred upon or
  870  granted to the bondholders shall be in addition to and not in
  871  limitation of any rights and remedies lawfully granted to such
  872  bondholders by the resolution or resolutions or indenture
  873  providing for the issuance of bonds, or by any lease-purchase
  874  agreement, deed of trust, indenture, or other agreement under
  875  which the bonds may be issued or secured. In the event that the
  876  authority defaults shall default in the payment of the principal
  877  of or interest on any of the bonds issued pursuant to the
  878  provisions of this part after such principal of or interest on
  879  the bonds has shall have become due, whether at maturity or upon
  880  call for redemption, as provided in said resolution or
  881  indenture, or in the event that the lessee defaults shall
  882  default in any payments under, or covenants made in, any lease
  883  purchase agreement and such default continues shall continue for
  884  a period of 30 days, or in the event that the authority or the
  885  lessee fails shall fail or refuses refuse to comply with the
  886  provisions of this part or any agreement made with, or for the
  887  benefit of, the holders of the bonds, the holders of 25 percent
  888  in aggregate principal amount of the bonds then outstanding
  889  shall be entitled as of right to the appointment of a trustee to
  890  represent such bondholders for the purposes hereof.; provided,
  891  However, that such holders of 25 percent in aggregate principal
  892  amount of the bonds then outstanding must shall have first give
  893  given written notice of their intention to appoint a trustee, to
  894  the authority and to such lessee written notice of their
  895  intention to appoint a trustee.
  896         (2) Such trustee, and any trustee under any deed of trust,
  897  indenture, or other agreement, may, and upon written request of
  898  the holders of 25 percent, or such other percentages as may be
  899  specified in any deed of trust, indenture, or other agreement
  900  aforesaid, in principal amount of the bonds then outstanding,
  901  shall, in any court of competent jurisdiction, in his, her, or
  902  its own name:
  903         (a) By mandamus or other suit, action, or proceeding at
  904  law, or in equity, enforce all rights of the bondholders,
  905  including the right to require the authority to fix, establish,
  906  maintain, collect, and charge rates, fees, rentals, and other
  907  charges, adequate to carry out any agreement as to, or pledge
  908  of, the expressway system revenues, and to require the authority
  909  to carry out any other covenants and agreements with or for the
  910  benefit of the bondholders, and to perform its and their duties
  911  under this part.
  912         (b) By mandamus or other suit, action, or proceeding at
  913  law, or in equity, enforce all rights of the bondholders under
  914  or pursuant to any lease-purchase agreement, including the right
  915  to require the lessee to make all rental payments required to be
  916  made by it under the provisions of any such lease-purchase
  917  agreement, whether from the Hillsborough county gasoline tax
  918  funds or other funds so agreed to be paid and to require the
  919  lessee to carry out any other covenants and agreements with or
  920  for the benefit of the bondholders and to perform its and their
  921  duties under this part.
  922         (c) Bring suit upon the bonds.
  923         (d) By action or suit in equity require the authority or
  924  any lessee under any lease-purchase agreement to account as if
  925  it were the trustee of an express trust for the bondholders.
  926         (e) By action or suit in equity, enjoin any acts or things
  927  that which may be unlawful or in violation of the rights of the
  928  bondholders.
  929         (3) Any trustee when appointed as aforesaid, or acting
  930  under a deed of trust, indenture, or other agreement, and
  931  regardless of whether or not all bonds have been declared due
  932  and payable, shall be entitled as of right to the appointment of
  933  a receiver, who may enter upon and take possession of the
  934  expressway system or the facilities or any part or parts
  935  thereof, the expressway system revenues, and other pledged
  936  moneys and, subject to and in compliance with the provisions of
  937  any lease-purchase agreement, operate and maintain the same, for
  938  and on behalf of and in the name of, the authority, the lessee,
  939  and the bondholders, and collect and receive all expressway
  940  system revenues and other pledged moneys in the same manner as
  941  the authority or the lessee might do, and shall deposit all such
  942  revenues and moneys in a separate account and apply the same in
  943  such manner as the court directs shall direct. In any suit,
  944  action, or proceeding by the trustee, the fees, counsel fees,
  945  and expenses of the trustee, and such said receiver, if any, and
  946  all costs and disbursements allowed by the court shall be a
  947  first charge on any expressway system revenues. Such trustee
  948  shall, in addition to the foregoing, have and possess all of the
  949  powers necessary or appropriate for the exercise of any
  950  functions specifically set forth herein or incident to the
  951  representation of the bondholders in the enforcement and
  952  protection of their rights.
  953         (4) Nothing in This section or any other section of this
  954  part does not shall authorize any receiver appointed pursuant
  955  hereto for the purpose, subject to and in compliance with the
  956  provisions of any lease-purchase agreement, of operating and
  957  maintaining the expressway system or any facilities or part or
  958  parts thereof, to sell, assign, mortgage, or otherwise dispose
  959  of any of the assets of whatever kind and character belonging to
  960  the authority. It is the intention of this part to limit the
  961  powers of such receiver, subject to and in compliance with the
  962  provisions of any lease-purchase agreement, to the operation and
  963  maintenance of the system, or any facility or part or parts
  964  thereof, as the court directs may direct, in the name and for
  965  and on behalf of the authority, the lessee, and the bondholders,
  966  and a no holder of bonds or a nor any trustee does not, shall
  967  ever have the right in any suit, action, or proceeding at law,
  968  or in equity, to compel a receiver, nor shall any receiver be
  969  authorized, or any court be empowered to direct the receiver, to
  970  sell, assign, mortgage, or otherwise dispose of any assets of
  971  whatever kind or character belonging to the authority.
  972         Section 17. Section 348.59, Florida Statutes, is amended to
  973  read:
  974         348.59 Traffic control.—
  975         (1) In addition to the powers conferred by the statutes of
  976  the state and by city the ordinances of the city, the authority
  977  may adopt is hereby authorized to promulgate such rules and
  978  regulations for the use and occupancy of the expressway system
  979  as may be necessary and proper for the public safety and
  980  convenience, for the preservation of its property, and for the
  981  collection of tolls.
  982         (2) The enforcement of the rules and regulations of the
  983  authority and of those provisions of the statutes and ordinances
  984  applicable to the expressway system may be by a the city police
  985  department or and sheriff of a Hillsborough county within the
  986  jurisdiction of which a transportation facility is located.;
  987  provided, However, that at the request of the authority, such
  988  enforcement shall also be the duty of the Florida Highway
  989  Patrol. Violators shall be apprehended and prosecuted in the
  990  same manner as provided for the apprehension and prosecution of
  991  violators of such statutes and ordinances who commit violations
  992  thereof upon streets, roads, and thoroughfares in the state.
  993         Section 18. Section 348.63, Florida Statutes, is amended to
  994  read:
  995         348.63 Cooperation with other units, boards, agencies, and
  996  individuals.—Express authority and power is hereby given and
  997  granted to any county, municipality, drainage district, road and
  998  bridge district, school district, or any other political
  999  subdivision, board, authority, corporation, or individual in or
 1000  of the state to make and enter into with the authority,
 1001  contracts, leases, conveyances, or other agreements within the
 1002  provisions and purposes of this part. The authority may is
 1003  hereby expressly authorized to make and enter into contracts,
 1004  leases, conveyances, and other agreements with any political
 1005  subdivision, agency, or instrumentality of the state and any and
 1006  all federal agencies, corporations, and individuals for the
 1007  purpose of carrying out the provisions of this part.
 1008         Section 19. Section 348.64, Florida Statutes, is amended to
 1009  read:
 1010         348.64 Covenant of the state.—The state pledges does hereby
 1011  pledge to and agrees agree with the holders from time to time of
 1012  the bonds that the state will not limit or alter the rights
 1013  hereby vested in the authority, the department, a the county,
 1014  and a the city to collect expressway system revenues, and
 1015  Hillsborough county gasoline tax funds, and any other moneys and
 1016  to fulfill the terms of any agreements made with the holders of
 1017  bonds or to in any way impair the rights and remedies of such
 1018  holders until such bonds and the interest due thereon have been
 1019  paid. The state does further pledges pledge to and agrees agree
 1020  with the United States and any federal agency that, in the event
 1021  any federal agency constructs shall construct or contributes
 1022  contribute funds for the construction, reconstruction,
 1023  extension, or improvement of the expressway system or any part
 1024  thereof, the state will not alter or limit the rights of the
 1025  authority, the department, a the county, or a the city in any
 1026  manner which would be inconsistent with the continued
 1027  maintenance or operation of the system or the construction,
 1028  reconstruction, extension, or improvement thereof and which
 1029  would be inconsistent with the due performance of any agreements
 1030  between the authority and any such federal agency. The
 1031  authority, the department, a the county, and a the city shall
 1032  continue to have and may exercise all powers herein granted so
 1033  long as such powers are the same shall be necessary or desirable
 1034  for the carrying out of the purposes of this part.
 1035         Section 20. Section 348.65, Florida Statutes, is amended to
 1036  read:
 1037         348.65 Exemption from taxation.—The effectuation of the
 1038  authorized purposes of the authority created under this part is,
 1039  shall and will be in all respects for the benefit of the people
 1040  of the state for the increase of their commerce and, prosperity
 1041  and for the improvement of their health and living conditions.
 1042  Since the authority will perform essential governmental
 1043  functions in effectuating such purpose, the authority is shall
 1044  not be required to pay any taxes or assessments of any kind or
 1045  nature whatsoever upon any property acquired or used by it for
 1046  such purposes or upon any expressway system revenues at any time
 1047  received by it. The bonds, their transfer, and the income
 1048  therefrom, including any profits made on the sale thereof, are
 1049  shall at all times be free from taxation of any kind by the
 1050  state or by any political subdivision or other taxing agency or
 1051  instrumentality thereof. The exemption granted by this section
 1052  does not apply shall not be applicable to any tax imposed by
 1053  chapter 220 on interest, income, or profits on debt obligations
 1054  owned by corporations.
 1055         Section 21. Section 348.67, Florida Statutes, is amended to
 1056  read:
 1057         348.67 Pledges enforceable for bondholders.—It is the
 1058  intent express intention of this part that any pledge of
 1059  expressway system revenues, Hillsborough county gasoline tax
 1060  funds, or other funds either as rentals to the authority or for
 1061  the payment of the principal of and interest on bonds, or any
 1062  covenant or agreement relative thereto, may be enforceable in
 1063  any court of competent jurisdiction against the authority or
 1064  directly against the department, a the county, or a the city, as
 1065  may be appropriate.
 1066         Section 22. The Division of Law Revision is directed to
 1067  replace the phrase “the effective date of this act” wherever it
 1068  occurs in this act with the date the act becomes a law.
 1069         Section 23. This act shall take effect upon becoming a law.