Okaloosa County BOCC — April 27, 2013 — Pages from SB1132 — reading text

1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 Florida Senate - 2013 SB 1132 22-00495B-13 20131132 any other sources. Section 25. Subsection (4) of section 343.922, Florida Statutes, is amended to read: 343.922 Powers and duties.— (4) The authority may undertake projects or other improvements in the master plan in phases as particular projects or segments become feasible, as determined by the authority. The authority shall coordinate project planning, development, and implementation with the applicable local governments. The authority’s projects that are transportation oriented shall be consistent to the maximum extent feasible with the adopted local government comprehensive plans at the time they are funded for construction. Authority projects that are not transportation oriented and meet the definition of development pursuant to s. 380.04 shall be consistent with the local comprehensive plans. In carrying out its purposes and powers, the authority may request funding and technical assistance from the department and appropriate federal and local agencies, including, but not rat £ +h, limited to, state infrastructure bank loans;—acvences—frem—th Revert Fused, and funding and technical + Pyi3 FEE TERS Ee ~ r aettiet assistance from any other source. Section 26. Chapter 345, Florida Statutes, consisting of sections 345.0001, 345.0002, 345.0003, 345.0004, 345.0005, 345.0006, 345.0007, 345.0008, 345.0009, 345.0010, 345.0011, 345.0012, 345.0013, 345.0014, 345.0015, 345.0016, and 345.0017, is created to read: 345.0001 Short title.—This act may be cited as the “Florida Regional Tollway Authority Act.” 345.0002 Definitions.—As used in this chapter, the term: Page 63 of 87 CODING: Words s€eieken are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22-00495B-13 20131132 1828 (1) “Agency of the state” means the state and any 1829] department of, or any corporation, agency, or instrumentality 1830 heretofore or hereafter created, designated, or established by, 1831] the state. 1832 (2) “Area served” means the geographical area of the 1833] counties for which an authority is established. 1834 (3) “Authority” means a regional tollway authority, a body 1835| politic and corporate, and_an agency of the state, established 1836| pursuant to the Florida Regional Tollway Authority Act. 1837 (4) “Bonds” means the notes, bonds, refunding bonds, or 1838] other evidences of indebtedness or obligations, in temporary or 1839| definitive form, which an authority may issue pursuant to this 1840] act. 1841 (5) “Department” means the Department of Transportation of 1842| Florida and any successor thereto. 1843 (6) “Division” means the Division of Bond Finance of the 1844 State Board of Administration. 1845 (7) “Federal agency” means the United States, the President 1846| of the United States, and any department_of, or any bureau, 1847| corporation, agency, or instrumentality heretofore or hereafter 1848| created, designated, or established by, the United States. 1849 (8) “Members” means the governing body of an authority, and 1850 the term “member” means one of the individuals constituting such 1851} governing body. 1852 (9) “Regional system” or “system” means, generally, a 1853] modern tolled highway system of roads, bridges, causeways, and 1854] tunnels within any area of the authority, with access limited or 1855] unlimited as an authority may determine, and the buildings and 1856] structures and appurtenances and facilities related to the Page 64 of 87 CODING: Words s¢*t+eken are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22-00495B-13 20131132 1857 system, including all approaches, streets, roads, bridges, and 1858] avenues of access for the system. 1859 (10) “Revenues” means the tolls, revenues, rates, fees, 1860 charges, receipts, rentals, contributions, and other income 1861! derived from or in connection with the operation or ownership of 1862| a regional system, including the proceeds of any use and 1863] occupancy insurance on any portion of the system but excluding 1864] state funds available to an authority and_any other municipal or 1865| county funds available to an authority under an agreement with a 1866] municipality or county. 1867 345.0003 Tollway authority; formation; membership.— 1868 (1) A county, or two or more contiguous counties, may, 1869| after the approval of the Legislature, form a regional tollway 1870] authority for the purposes of constructing, maintaining, and 1871] operating transportation projects in a region of this state. An 1872] authority shall be governed _in accordance with the provisions of 1873| this chapter. An authority may not be created without the 1874] approval of the Legislature and the approval of the county 1875| commission of each county that will be a part of the authority. 1876| An authority may not be created to serve a particular area of 1877| this state as provided by this subsection if a regional tollway 1878 authority has been created and is operating within all or a 1879| portion of the same area served pursuant to an act of the 1880] Legislature. Each authority shall be the only authority created 1881] and operating pursuant to this chapter within the area served by 1882| the authority. 1883 (2) The governing body of an authority shall consist of a 1884| board of voting members as follows: 1885 (a) The county commission of each county in the area served Page 65 of 87 CODING: Words steieken are deletions; words underlined are additions. Florida Senate - 2013 . SB 1132 22-00495B-13 20131132 1886] by the authority shall each appoint a member who must be a 1887 resident of the county from which he or she is appointed. If 1888| possible, the member must represent the business and_civic 1889] interests of the community. 1890 (b) The Governor shall appoint an equal number of members 1891] to the board as those appointed by the county commissions. The 1892} members appointed by the Governor must be residents of the area 1893| served by the authority. 1894 (c) The secretary of the Department of Transportation shall 1895| appoint one of the district secretaries, or his or her designee, 1896| for the districts within which the area served by the authority 1897} is located. 1898 (3) The term of office of each member shall be for 4 years 1899| or until his or her successor is appointed and qualified. 1900 (4) A member may not hold an elected office. 1901 (5) A vacancy occurring in the governing body before the 1902} expiration of the member’s term shall be filled by the 1903] respective appointing authority in the same manner as_ the 1904| original appointment and only for the balance of the unexpired 1905) term. 1906 (6) Each member, before entering upon his or her official 1907 duties, must take and subscribe to an oath before an official 1908] authorized by law to administer oaths that_he or she will 1909] honestly, faithfully, and impartially perform the duties 1910| devolving upon him or her in office as a member of the governing 1911] body of the authority and that he or she will not neglect any 1912] duties imposed upon him or her by this chapter. 1913 (7) A member of an authority may be removed from office by 1914| the Governor for misconduct, malfeasance, misfeasance, or Page 66 of 87 CODING: Words steieken are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22-00495B-13 20131132 1915) nonfeasance in office. 1916 (8) The members of the authority shall designate one of its 1917| members as chair. 1918 (9) The members of the authority shall serve without 1919] compensation, but shall be entitled to reimbursement for per 1920} diem and other expenses in accordance with s. 112.061 while in 1921] performance of their duties. 1922 (10) A majority of the members of the authority constitutes 1923] a quorum, and resolutions enacted or adopted by a vote of a 1924| majority of the members present and voting at_any meeting become 1925| effective without publication, posting, or any further action of 1926| the authority. 1927 345.0004 Powers and duties.— 1928 (1) (a) An authority created_and established, or governed, 1929| by the Florida Regional Tollway Authority Act shall plan, 1930 develop, finance, construct, reconstruct, improve, own, operate, 1931] and maintain a regional system_in the area_served by the 1932 authority. 1933 (b) An authority may not exercise the powers in paragraph 1934 (a) with respect to an existing system for transporting people 1935] and goods by any means that is owned by another entity without 1936] the consent of that entity. If an authority acquires, purchases, 1937| or inherits an existing entity, the authority shall also inherit 1938] and assume all rights, assets, appropriations, privileges, and 1939] obligations of the existing entity. 1940 (2) Each authority may exercise all powers necessary, 1941| appurtenant, convenient, or incidental to the carrying out of 1942| the purposes of this section, including, but not limited to, the 1943 following rights and powers: Page 67 of 87 CODING: Words st*teken are deletions; words underlined are additions. 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 Florida Senate - 2013 SB 1132 22-00495B-13 20131132 _ (a) To sue and be sued, implead and_be impleaded, and complain and defend in all courts in its own name. (ob) To adopt and use a corporate seal. (c) To have the power of eminent domain, including the procedural powers granted under chapters 73 and 74. (d) To acquire, purchase, hold, lease as a_lessee, and use any property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority. (e) To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the authority, including air rights. (f) To fix, alter, charge, establish, and collect rates, fees, rentals, and other charges for the use of any system owned or operated by the authority, which rates, fees, rentals, and other charges must always be sufficient to comply with any covenants made with the holders of any bonds issued pursuant to this act; however, such right and power may be assigned or delegated by the authority to the department. (g) To borrow money, make and issue negotiable notes, bonds, refunding bonds, and other evidences of indebtedness or obligations, in temporary or definitive form, for the purpose of financing all or part of the improvement of the authority’s system and appurtenant facilities, including the approaches, streets, roads, bridges, and avenues of access for the system and for any other purpose authorized by this chapter, the bonds to mature in not exceeding 30 years after the date of the issuance thereof, and to secure the payment of such bonds or any part thereof by a pledge of its revenues, rates, fees, rentals, Page 68 of 87 CODING: Words steieken are deletions; words underlined are additions. 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Florida Senate - 2013 SB 1132 22-00495B-13 20131132 or other charges, including municipal or county funds received by the authority pursuant to the terms of an agreement between the authority and a municipality or county; and, in general, to provide for the security of the bonds and the rights and remedies of the holders of the bonds; however, municipal or county funds may not be pledged for the construction of a project for which a toll is to be charged unless the anticipated tolls are reasonably estimated by the