Bill Text: FL H0219 | 2012 | Regular Session | Introduced
Bill Title: Seminole County Expressway Authority
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Transportation and Highway Safety Subcommittee [H0219 Detail]
Download: Florida-2012-H0219-Introduced.html
HB 219 |
1 | |
2 | An act relating to the Seminole County Expressway |
3 | Authority; creating the Seminole County Expressway |
4 | Authority Law; providing definitions; creating the |
5 | Seminole County Expressway Authority; prohibiting an |
6 | entity or body or another authority from exercising |
7 | jurisdiction, control, authority, or power over an |
8 | expressway system in Seminole County without the |
9 | consent of the Seminole County Expressway Authority; |
10 | providing for membership and terms of the authority; |
11 | authorizing staffing; providing for certain |
12 | reimbursement for authority members; providing for the |
13 | powers and duties of the authority; requiring notice |
14 | of public hearing and an opportunity for municipal |
15 | officials and residents to discuss and advise the |
16 | authority; providing for the issuance of bonds; |
17 | providing for lease-purchase agreements between the |
18 | Department of Transportation and the authority; |
19 | providing criteria for the lease-purchase agreements; |
20 | providing for use of certain revenues as payments for |
21 | the lease-purchase agreements; authorizing the |
22 | Department of Transportation to use funds for the |
23 | operation of the authority and to generate preparatory |
24 | information necessary for an expressway system; |
25 | providing for an agent for construction; authorizing |
26 | the authority to appoint the department as its agent |
27 | under certain circumstances; authorizing the authority |
28 | to acquire land and properties; providing for the |
29 | cooperation of other entities to further the purposes |
30 | of the act; prohibiting the state from changing the |
31 | terms of the bonds; exempting the authority from |
32 | certain taxes; providing for the bond's eligibility |
33 | for investments and security; providing for the |
34 | enforcement by bondholders of any pledge relating to |
35 | the bonds issued by the department; providing for the |
36 | extent of the powers authorized by the act; providing |
37 | an effective date. |
38 | |
39 | Be It Enacted by the Legislature of the State of Florida: |
40 | |
41 | Section 1. Short title.-Sections 1-14 of this act may be |
42 | cited as the "Seminole County Expressway Authority Law." |
43 | Section 2. Definitions.-As used in sections 1-14 of this |
44 | act, the term: |
45 | (1) "Agency of the state" means the state and any |
46 | department of, or corporation, agency, or instrumentality |
47 | created, designated, or established by, the state. |
48 | (2) "Authority" means the Seminole County Expressway |
49 | Authority. |
50 | (3) "Bond" means a note, bond, refunding bond, or other |
51 | evidence of indebtedness or obligation, in temporary or |
52 | definitive form, which the authority issues pursuant to this |
53 | part. |
54 | (4) "County" means Seminole County. |
55 | (5) "Department" means the Department of Transportation |
56 | existing under chapters 334-339, Florida Statutes. |
57 | (6) "Expressway" means the same as limited access |
58 | expressway. |
59 | (7) "Federal agency" means the United States, the |
60 | President of the United States, and any department of, or |
61 | corporation, agency, or instrumentality created, designated, or |
62 | established by, the United States. |
63 | (8) "Gasoline tax funds of Seminole County" mean all of |
64 | the 80 percent surplus gasoline tax funds accruing in each year |
65 | to the Department of Transportation for use in Seminole County |
66 | under the provisions of s. 9, Article XII of the State |
67 | Constitution, or all constitutional gas funds as may otherwise |
68 | be provided by the State Constitution or by statute for use in |
69 | Seminole County, after deduction of any amount of such gasoline |
70 | tax funds pledged by the Department of Transportation or the |
71 | county for outstanding obligations. |
72 | (9) "Lease-purchase agreement" means an agreement that the |
73 | authority may enter into with the Department of Transportation |
74 | pursuant to this part. |
75 | (10) "Limited access expressway" means a street or highway |
76 | especially designed for through traffic and over, from, or to |
77 | which no person has the right of easement, use, or access except |
78 | in accordance with the rules and regulations adopted by the |
79 | authority for the use of such facility. The street or highway |
80 | may be a parkway from which trucks, buses, and other commercial |
81 | vehicles are excluded, or it may be a freeway open to use by all |
82 | customary forms of street and highway traffic. |
83 | (11) "Members" mean the governing body of the authority, |
84 | and the term "member" means one of the individuals constituting |
85 | the governing body. |
86 | (12) "Seminole County Expressway System" or "system" means |
87 | any expressway and appurtenant facilities thereto in Seminole |
88 | County, including, but not limited to, all approaches, roads, |
89 | bridges, and avenues of access for the expressway. |
90 | (13) "State Board of Administration" means the body |
91 | corporate existing under s. 9, Article XII of the State |
92 | Constitution or any successor thereto. |
93 | Section 3. Seminole County Expressway Authority.- |
94 | (1) There is created a body politic and corporate, an |
95 | agency of the state, to be known as the "Seminole County |
96 | Expressway Authority" and referred to as "authority." |
97 | (2) The authority has exclusive right to exercise all the |
98 | powers under sections 1-14 of this act, and no other entity, |
99 | body, or authority within or without Seminole County may |
100 | directly or indirectly exercise jurisdiction, control, |
101 | authority, or power in any manner relating to any expressway |
102 | system within Seminole County without the express consent of the |
103 | authority or as otherwise provided in sections 1-14 of this act. |
104 | (3) The governing body of the authority consists of seven |
105 | members. Five members must be members of the Board of County |
106 | Commissioners of Seminole County, and the term of each member is |
107 | concomitant with his or her term as a county commissioner. Two |
108 | members shall be appointed by the board of county commissioners |
109 | from among the duly elected municipal officers within the |
110 | county, and the municipal members serve 2-year terms unless |
111 | reappointed. Each 2-year term runs from the date of appointment |
112 | and automatically terminates if the member ceases to be a duly |
113 | elected municipal officer. The board of county commissioners |
114 | shall fill a municipal membership vacancy within 45 days after |
115 | the occurrence of the vacancy, and the board must appoint an |
116 | individual who is jointly recommended to the board of county |
117 | commissioners by two-thirds of the municipalities in the county |
118 | within 30 days after the vacancy. |
119 | (4) The authority shall elect one of its members as chair |
120 | of the authority. The authority shall elect a secretary and a |
121 | treasurer, who need not be members of the authority. The chair, |
122 | secretary, and treasurer hold the office at the will of the |
123 | authority. Four members of the authority constitute a quorum, |
124 | and the affirmative vote of three members is necessary for any |
125 | action taken by the authority. A vacancy in the authority does |
126 | not impair the right of the quorum to exercise the rights and |
127 | perform the duties of the authority. |
128 | (5) Each appointed member of the authority shall enter |
129 | upon his or her duties upon the effective date of his or her |
130 | appointment, or as soon thereafter as practicable. |
131 | (6) The authority may employ an executive secretary, an |
132 | executive director, and its own counsel and legal staff, |
133 | technical experts, engineers, and other employees, permanent or |
134 | temporary, as it may require; determine the qualifications and |
135 | fix the compensation of the persons, firms, or corporations; and |
136 | employ a fiscal agent. However, the authority shall solicit at |
137 | least three sealed proposals for the performance of any services |
138 | as the fiscal agent. The authority may delegate to one or more |
139 | of its agents or employees any of its powers as it deems |
140 | necessary to carry out the purposes of sections 1-14 of this |
141 | act, subject to the supervision and control of the authority. |
142 | (7) The authority shall reimburse its members for travel |
143 | and other necessary expenses incurred in connection with the |
144 | business of the authority as provided in s. 112.061, Florida |
145 | Statutes, but the members may not draw salaries or other |
146 | compensation. |
147 | Section 4. Powers and duties.- |
148 | (1)(a) The authority may acquire, hold, construct, |
149 | improve, maintain, operate, own, and lease, in the capacity of |
150 | lessor, the Seminole County Expressway System. |
151 | (b) The authority, in the construction of the Seminole |
152 | County Expressway System, may construct any extension, addition, |
153 | or improvement to the system or appurtenant facilities, |
154 | including all necessary approaches, roads, bridges, and avenues |
155 | of access, with any change, modification, or revision of the |
156 | project as deemed necessary. |
157 | (2) The authority may exercise all powers necessary, |
158 | appurtenant, convenient, or incidental to the implementation of |
159 | sections 1-14 of this act, including, but not limited to, the |
160 | following: |
161 | (a) To sue and be sued, implead and be impleaded, and |
162 | complain and defend in all courts; |
163 | (b) To adopt, use, and alter at will a corporate seal; |
164 | (c) To acquire, purchase, hold, lease as lessee, and use |
165 | any franchise or property, real, personal, or mixed, tangible or |
166 | intangible, or any interest necessary to implement the purposes |
167 | of sections 1-14 of this act; and to sell, lease as lessor, |
168 | transfer, and dispose of, at any time, any property or interest |
169 | acquired by the authority; |
170 | (d) To enter into and make leases for terms not exceeding |
171 | 40 years, as lessee or lessor, and to implement the right to |
172 | lease as provided in sections 1-14 of this act; |
173 | (e) To enter into and make lease-purchase agreements with |
174 | the department for terms not exceeding 40 years or until any |
175 | bond secured by a pledge of rental, and any refund, are fully |
176 | paid, whichever is longer; |
177 | (f) To fix, alter, charge, establish, and collect rates, |
178 | fees, rentals, and other charges for the services and facilities |
179 | of the Seminole County Expressway System, which rates, fees, |
180 | rentals, and other charges are sufficient to comply with any |
181 | covenant made with the holders of any bonds issued pursuant to |
182 | sections 1-14 of this act; however, the authority may assign or |
183 | delegate to the department any of its rights and powers; |
184 | (g)1. To borrow money as provided by the State Bond Act. |
185 | 2. To reimburse Seminole County for any sums expended from |
186 | the gasoline tax funds of Seminole County and any other revenues |
187 | provided to the authority by Seminole County and used for the |
188 | payment of the obligations. If the authority deems it |
189 | practicable, the authority may repay disbursed revenues from |
190 | Seminole County or gasoline tax funds, together with interest at |
191 | the highest rate applicable, to any obligations of the authority |
192 | for which funds or revenues were used to pay debt service. |
193 | 3. To hire and retain independent certified public |
194 | accountants and auditors to audit the books and records of the |
195 | authority and the department with respect to the Seminole County |
196 | Expressway System or any part thereof, so long as any bonds of |
197 | the authority are outstanding; |
198 | (h) To make contracts and to execute all instruments |
199 | necessary to conduct its business; |
200 | (i) Without limitation of the foregoing, to borrow money |
201 | and accept grants from, and to enter into contracts, leases, or |
202 | other transactions with, any federal agency, the state, any |
203 | agency of the state, Seminole County, or any other public body |
204 | of the state; |
205 | (j) To have the power of eminent domain, including the |
206 | procedural powers granted under chapters 73 and 74, Florida |
207 | Statutes; |
208 | (k) To pledge, hypothecate, or otherwise encumber all |
209 | parts of the revenues, rates, fees, rentals, or other charges or |
210 | receipts of the authority, including all or any portion of the |
211 | gasoline tax funds of Seminole County or other revenues received |
212 | by the authority pursuant to the terms of any lease-purchase |
213 | agreement between the authority and the department or any other |
214 | agreement between the authority and Seminole County, as security |
215 | for any of the obligations of the authority; |
216 | (l) To do all acts necessary for the conduct of its |
217 | business and the general welfare of the authority in order to |
218 | implement the powers granted to it by sections 1-14 of this act |
219 | or any other law; and |
220 | (m) To employ fiscal agents as provided by section 3 of |
221 | this act. The State Board of Administration may, upon request of |
222 | the authority, act as fiscal agent for the authority in the |
223 | issuance of any bonds that may be issued pursuant to section 5 |
224 | of this act. The State Board of Administration may, upon request |
225 | of the authority, take over the management, control, |
226 | administration, custody, and payment of any debt service or fund |
227 | or asset available for any bond issued pursuant to section 5 of |
228 | this act. The authority may enter into a deed of trust, an |
229 | indenture, a resolution, or another agreement with its fiscal |
230 | agent, a financial institution, an insurance company, or a bank |
231 | or trust company within or without the state, as security for |
232 | the bonds, and may, under the agreement, sign and pledge any of |
233 | the revenues, rates, fees, rentals, or other charges or receipts |
234 | of the authority, including any portion of the gasoline tax |
235 | funds of Seminole County or other revenues received by the |
236 | authority pursuant to the terms of a lease-purchase agreement |
237 | between the authority and the department or any other agreement |
238 | between the authority and Seminole County. The deed of trust, |
239 | indenture, resolution, or other agreement may contain provisions |
240 | as are customary in such instruments, or, if the authority |
241 | authorizes, may include, without limitation, provisions as to: |
242 | 1. The completion, improvement, operation, extension, |
243 | maintenance, and repair of the Seminole County Expressway |
244 | System; the lease of, or lease-purchase agreement for, the |
245 | system; and the duties of the authority and others, including |
246 | the department. |
247 | 2. The availability and application of funds and the |
248 | safeguarding of funds on hand or on deposit. |
249 | 3. The rights and remedies of the trustee and the holders |
250 | of the bonds and any institution providing liquidity or credit |
251 | support for the bonds. |
252 | 4. The terms and provisions of the bonds or the |
253 | resolutions authorizing the issuance of the bonds. |
254 | 5. The terms and conditions pursuant to which the |
255 | authority or any trustee for the bonds is entitled to receive |
256 | any revenues from Seminole County to pay the principal of or |
257 | interest on the bonds. |
258 | (3) The authority may not pledge the credit or taxing |
259 | power of the state or any political subdivision or agency of the |
260 | state, including Seminole County. The obligations of the |
261 | authority are not deemed obligations of the state, or any |
262 | political subdivision or agency of the state. The state, or any |
263 | political subdivision or agency of the state, except the |
264 | authority, is not liable for the payment of the principal of or |
265 | interest on the obligations. However, the gasoline tax funds of |
266 | Seminole County or other revenues may be pledged for the payment |
267 | of the principal of or interest on the obligations pursuant to |
268 | the terms of a lease-purchase agreement between the authority |
269 | and the department or any other agreement between the authority |
270 | and Seminole County. |
271 | (4) The consent of a municipality is not necessary for any |
272 | project of the authority, notwithstanding any provision in |
273 | sections 1-14 of this act or any other law to the contrary or |
274 | whether the project lies within the boundaries of any |
275 | municipality, in whole or in part. However, an official or a |
276 | resident of a municipality in which a project of the authority |
277 | is located, in whole or in part, must have reasonable |
278 | opportunity to discuss the project and advise the authority of |
279 | his or her position at a duly advertised public hearing. Notice |
280 | of the public hearing must be advertised in a newspaper |
281 | published in Seminole County and circulated in the affected |
282 | municipalities. The notice must be published once at least 2 |
283 | weeks before the public hearing and must contain the time and |
284 | place of the public hearing and a short description of the |
285 | subject to be discussed. The public hearing may be adjourned |
286 | from time to time and set for a time and place certain without |
287 | necessity of further advertisement. In routing and locating an |
288 | expressway or its interchange in or through a municipality, the |
289 | authority must consider the effect of such location on the |
290 | municipality as a whole and must not unreasonably split or |
291 | divide an area of the municipality or separate one area of the |
292 | municipality from another. |
293 | Section 5. Bonds.-Bonds may be issued on behalf of the |
294 | authority as provided by the State Bond Act. |
295 | Section 6. Lease-purchase agreement.- |
296 | (1) The authority may enter into a lease-purchase |
297 | agreement with the department relating to and covering the |
298 | Seminole County Expressway System. |
299 | (2) The lease-purchase agreement shall provide for the |
300 | leasing of the Seminole County Expressway System by the |
301 | authority, as lessor, to the department, as lessee; shall |
302 | prescribe the terms of the agreement and the rentals to be paid; |
303 | and shall provide that, upon the completion of the faithful |
304 | performance of the agreement and the termination of such lease- |
305 | purchase agreement, the authority shall transfer to the state |
306 | title in fee simple absolute to the Seminole County Expressway |
307 | System and the authority shall deliver to the department deeds |
308 | and conveyances necessary to vest title in fee simple absolute |
309 | in the state. |
310 | (3) The lease-purchase agreement may include other |
311 | provisions, agreements, and covenants as the authority and the |
312 | department deem necessary, including, but not limited to, |
313 | provisions as to the bonds to be issued pursuant to this part; |
314 | the completion, extension, improvement, operation, and |
315 | maintenance of the Seminole County Expressway System and the |
316 | expenses and the cost of operation of the authority and the |
317 | system; the charging and collection of tolls, rates, fees, and |
318 | other charges for the use of the services and facilities; the |
319 | application of federal or state grants or aid made or given to |
320 | assist the authority in the completion, extension, improvement, |
321 | operation, and maintenance of the Seminole County Expressway |
322 | System, which the authority may accept and apply to these |
323 | purposes; the enforcement of payment and collection of rentals; |
324 | and any other terms, provisions, or covenants necessary, |
325 | incidental, or appurtenant to the making of, and full |
326 | performance under, the lease-purchase agreement. |
327 | (4) The department, as lessee under such lease-purchase |
328 | agreement, may pay, as rentals under the agreement, any rates, |
329 | fees, charges, funds, moneys, receipts, or income accruing to |
330 | the department from the operation of the Seminole County |
331 | Expressway System and the gasoline tax funds or other revenues |
332 | of Seminole County used to pay the principal of or interest on |
333 | any obligations issued to finance any portion of the system and |
334 | may also pay, as rentals, any appropriations received by the |
335 | department pursuant to state law. The lease-purchase agreement |
336 | or any holder of bonds issued pursuant to section 5 of this act |
337 | may not require the making or continuance of any appropriations. |
338 | (5) Gasoline tax funds or other revenues of Seminole |
339 | County may not be pledged as rentals under a lease-purchase |
340 | agreement or another agreement without the consent of Seminole |
341 | County, evidenced by a resolution adopted by the board of county |
342 | commissioners of the county at a public hearing held pursuant to |
343 | due notice thereof published at least once a week for 3 |
344 | consecutive weeks before the hearing in a newspaper of general |
345 | circulation in the county. The resolution must provide that, for |
346 | bonds issued on behalf of the authority, any excess of the |
347 | pledged gasoline tax funds and other revenues of Seminole County |
348 | which is not required for debt service or for reserves for debt |
349 | service shall be distributed to Seminole County as provided by |
350 | law. Before making any application for the pledge of gasoline |
351 | tax funds, the authority shall present the plan of its proposed |
352 | project to the Seminole County Planning and Zoning Commission |
353 | for comments and recommendations. The department may covenant in |
354 | a lease-purchase agreement that it will pay all or part of the |
355 | cost of the system, and any part of the cost of completing the |
356 | system to the extent that the proceeds of bonds issued for the |
357 | project are insufficient, from sources other than the revenues |
358 | derived from the operation of the system and the gasoline tax |
359 | funds or any other revenue of Seminole County pledged for such |
360 | purpose. The department may agree to make payments from any |
361 | moneys available to Seminole County, in connection with the |
362 | construction or completion of the system, as deemed by the |
363 | department to be fair and proper under any covenant that is |
364 | entered into. |
365 | (6) The system is a part of the state road system, and the |
366 | department may, upon the request of the authority, expend money |
367 | out of any funds available for the purpose and use its |
368 | engineering and other powers deemed necessary by the department |
369 | for the operation of the authority and for traffic surveys, |
370 | borings, surveys, preparation of plans and specifications, |
371 | estimates of cost, and other preliminary engineering and other |
372 | studies. However, the aggregate amount of moneys expended for |
373 | this purpose by the department may not exceed the sum of |
374 | $500,000. |
375 | Section 7. Agent for construction.-The authority may |
376 | appoint the department as its agent for the construction of and |
377 | improvements and extensions to the Seminole County Expressway |
378 | System and for the completion of the system. If the department |
379 | is appointed, the authority shall provide the department with |
380 | complete copies of all documents, agreements, resolutions, |
381 | contracts, and instruments relating to the system; shall request |
382 | the department to do the construction work, including the |
383 | planning, surveying, and actual construction of the completion, |
384 | extension, and improvement to the Seminole County Expressway |
385 | System; and shall transfer the necessary funds for the |
386 | construction to the credit of an account of the department in |
387 | the State Treasury. The department shall proceed with the |
388 | construction and shall use the funds that are authorized for the |
389 | construction of roads and bridges. |
390 | Section 8. Acquisition of lands and property.- |
391 | (1) The Seminole County Expressway Authority may acquire |
392 | private or public property and property rights, including rights |
393 | of access, air, view, and light, by gift, devise, purchase, or |
394 | condemnation by an eminent domain proceeding, as the authority |
395 | deems necessary to implement sections 1-14 of this act. The |
396 | property that the authority may acquire includes, but is not |
397 | limited to, any land: |
398 | (a) Reasonably necessary for securing applicable permits, |
399 | areas necessary for management of access, borrow pits, drainage |
400 | ditches, water retention areas, rest areas, replacement access |
401 | for landowners whose access is impaired due to the construction |
402 | of a facility, and replacement rights-of-way for relocated rail |
403 | and utility facilities; |
404 | (b) For existing, proposed, or anticipated transportation |
405 | facilities on the Seminole County Expressway System or in a |
406 | transportation corridor designated by the authority; or |
407 | (c) For the purposes of screening, relocation, removal, or |
408 | disposal of junkyards and scrap metal processing facilities. |
409 | |
410 | The authority may condemn any material and property necessary |
411 | for these purposes. |
412 | (2) The authority may exercise the right of eminent domain |
413 | in the manner provided by law. |
414 | (3) If the authority acquires property for a |
415 | transportation facility or in a transportation corridor, the |
416 | authority is not subject to any liability imposed by chapter 376 |
417 | or chapter 403, Florida Statutes, for preexisting soil or |
418 | groundwater contamination due solely to its ownership. This |
419 | section does not affect the rights or liabilities of any past or |
420 | future owners of the acquired property, nor does it affect the |
421 | liability of any governmental entity for the results of its |
422 | actions that create or exacerbate a pollution source. The |
423 | authority and the Department of Environmental Protection may |
424 | enter into an interagency agreement for the performance, |
425 | funding, and reimbursement of the investigative and remedial |
426 | acts necessary for property acquired by the authority. |
427 | Section 9. Cooperation with other units, boards, agencies, |
428 | and individuals.-Any county, municipality, drainage district, |
429 | road or bridge district, school district, or any other political |
430 | subdivision, board, commission, or individual in or of the state |
431 | may make and enter into a contract, lease, conveyance, or other |
432 | agreement consistent with sections 1-14 of this act with the |
433 | authority. The authority may make and enter into a contract, |
434 | lease, conveyance, or other agreement with any political |
435 | subdivision, agency, or instrumentality of the state, any |
436 | federal agency, any corporation, or any individual to implement |
437 | sections 1-14 of this act. |
438 | Section 10. Covenant of the state.-The state pledges to, |
439 | and agrees with, any person, firm, corporation, or federal or |
440 | state agency subscribing to or acquiring the bonds issued by the |
441 | authority pursuant to section 5 of this act that the state will |
442 | not limit or alter the rights vested in the authority and the |
443 | department until all bonds at any time issued, together with the |
444 | interest on the bonds, are fully paid and discharged. The state |
445 | pledges to, and agrees with, the United States that, when any |
446 | federal agency constructs or contributes any funds for the |
447 | completion, extension, or improvement of the Seminole County |
448 | Expressway System or any part or portion thereof, the state will |
449 | not alter or limit the rights and powers of the authority and |
450 | the department in any manner that would be inconsistent with the |
451 | continued maintenance and operation of the Seminole County |
452 | Expressway System or the completion, extension, or improvement |
453 | of the system, or that is inconsistent with the due performance |
454 | of the agreement between the authority and the federal agency. |
455 | The authority and the department have and may exercise all |
456 | powers granted in sections 1-14 of this act necessary to |
457 | implement the purposes of sections 1-14 of this act and the |
458 | purposes of the United States in the completion, extension, or |
459 | improvement of the Seminole County Expressway System or any part |
460 | or portion of the system. |
461 | Section 11. Exemption from taxation.-The authority created |
462 | pursuant to sections 1-14 of this act is for the benefit of the |
463 | people of the state, for the increase of their commerce and |
464 | prosperity, and for the improvement of their health and living |
465 | conditions. Because the authority is performing essential |
466 | governmental functions in carrying out the purposes of sections |
467 | 1-14 of this act, the authority is exempt from taxes or |
468 | assessments upon any property acquired or used by it for such |
469 | purposes, or upon any revenues, rates, fees, rentals, receipts, |
470 | income, or charges received by it. The bonds issued by the |
471 | authority, their transfer, and the income from the bonds, |
472 | including any profits made on the sale of the bonds, are at all |
473 | times free from taxation of any kind by the state or any |
474 | political subdivision, taxing agency, or instrumentality of the |
475 | state. However, the exemption granted by this section is not |
476 | applicable to any tax imposed under chapter 220, Florida |
477 | Statutes, on interest, income, or profits on debt obligations |
478 | owned by corporations. When a property of the authority is |
479 | leased, it is exempt from ad valorem taxes if the use by the |
480 | lessee qualifies the property for exemption under s. 196.199, |
481 | Florida Statutes. |
482 | Section 12. Eligibility for investments and security.-Any |
483 | bonds or other obligations issued pursuant to sections 1-14 of |
484 | this act are legal investments for banks, savings banks, |
485 | trustees, executors, administrators, and all other fiduciaries, |
486 | and for all state, municipal, and other public funds, and are |
487 | securities eligible for deposit as security for all state, |
488 | municipal, or other public funds, notwithstanding the provisions |
489 | of any law. |
490 | Section 13. Pledges enforceable by bondholders.-A pledge |
491 | by the department of rates, fees, revenues, gasoline tax funds |
492 | of Seminole County, or other funds as rentals to the authority, |
493 | or any covenant or agreement relative to the pledge, is |
494 | enforceable in any court of competent jurisdiction against the |
495 | authority or directly against the department by any holder of |
496 | bonds issued by the authority. |
497 | Section 14. Complete and additional authority.- |
498 | (1) The powers conferred by sections 1-14 of this act are |
499 | in addition to the existing powers of the authority and the |
500 | department, and sections 1-14 of this act do not repeal any of |
501 | the provisions of any other law, general, special, or local. The |
502 | extension and improvement of the Seminole County Expressway |
503 | System, and the issuance of bonds pursuant to section 5 of this |
504 | act to finance all or part of the cost of the system, may be |
505 | accomplished upon compliance with the provisions of sections 1- |
506 | 14 of this act without regard to or necessity for compliance |
507 | with the provisions, limitations, or restrictions contained in |
508 | any other general, special, or local law. Approval of any bonds |
509 | issued under this part by qualified electors or qualified |
510 | electors who are freeholders in the state, in Seminole County or |
511 | in any other political subdivision of the state, is not required |
512 | for the issuance of bonds pursuant to section 5 of this act. |
513 | (2) Sections 1-14 of this act do not repeal, rescind, or |
514 | modify any other law relating to the State Board of |
515 | Administration, the Department of Transportation, or the |
516 | Division of Bond Finance of the State Board of Administration, |
517 | but supersede any law that is inconsistent with the provisions |
518 | of sections 1-14 of this act. |
519 | Section 15. This act shall take effect July 1, 2012. |
CODING: Words |