Bill Text: FL S1024 | 2015 | Regular Session | Engrossed

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Bill Title: Central Florida Expressway Authority

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2015-05-01 - Died in returning Messages [S1024 Detail]

Download: Florida-2015-S1024-Engrossed.html

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       CS for CS for SB 1024                            First Engrossed
       
       
       
       
       
       
       
       
       20151024e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Central Florida Expressway
    3         Authority; amending s. 348.753, F.S.; requiring the
    4         chairs of the boards of specified county commissions
    5         each to appoint one member from their respective
    6         counties who is a commission member or chair or a
    7         county mayor to serve on the governing body of the
    8         authority; requiring Senate confirmation of members
    9         appointed by the Governor; providing that the Senate’s
   10         refusal or failure to confirm a Governor-appointed
   11         member creates a vacancy; specifying that the terms of
   12         members appointed by the Governor end on a specified
   13         date; removing the requirement that the authority
   14         elect one of its members as secretary; amending s.
   15         348.754, F.S.; specifying that the Central Florida
   16         Expressway Authority is a party to a certain lease
   17         purchase agreement between the department and the
   18         Orlando-Orange County Expressway Authority; amending
   19         s. 348.757, F.S.; removing the requirement that title
   20         in fee simple absolute to the former Orlando-Orange
   21         County Expressway System be transferred to the state
   22         upon the completion of the faithful performance and
   23         termination of a specified lease-purchase agreement;
   24         revising the title of part III of ch. 348, F.S.;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (3) and paragraph (a) of subsection
   30  (4) of section 348.753, Florida Statutes, are amended to read:
   31         348.753 Central Florida Expressway Authority.—
   32         (3) The governing body of the authority shall consist of
   33  nine members. The chairs of the boards of the county commissions
   34  of Seminole, Lake, and Osceola Counties shall each appoint one
   35  member from their respective counties, who must may be a
   36  commission member or chair or a county mayor. The Mayor of
   37  Orange County shall appoint a member from the Orange County
   38  Commission. Subject to confirmation by the Senate during the
   39  next regular session of the Legislature, the Governor shall
   40  appoint three citizen members, each of whom must be a resident
   41  citizen of either Orange County, Seminole County, Lake County,
   42  or Osceola County. Refusal or failure of the Senate to confirm
   43  an appointment shall create a vacancy. The eighth member must be
   44  the Mayor of Orange County and. The ninth member must be the
   45  Mayor of the City of Orlando shall also serve as members. The
   46  executive director of the Florida Turnpike Enterprise shall
   47  serve as a nonvoting advisor to the governing body of the
   48  authority. Each member appointed by the Governor shall serve for
   49  4 years, with his or her term ending on December 31 of his or
   50  her last year of service. Each county-appointed member shall
   51  serve for 2 years. The terms of standing board members expire
   52  June 20, 2014. Each appointed member shall hold office until his
   53  or her successor has been appointed and has qualified. A vacancy
   54  occurring during a term must be filled only for the balance of
   55  the unexpired term. Each appointed member of the authority must
   56  shall be a person of outstanding reputation for integrity,
   57  responsibility, and business ability, but, except as provided in
   58  this subsection, a person who is an officer or employee of a
   59  municipality or county may not be an appointed member of the
   60  authority. Any member of the authority is eligible for
   61  reappointment.
   62         (4)(a) The authority shall elect one of its members as
   63  chair of the authority. The authority shall also elect one of
   64  its members as vice chair, one of its members as secretary, and
   65  one of its members as treasurer. The chair, vice chair,
   66  secretary, and treasurer shall hold such offices at the will of
   67  the authority. Five members of the authority constitute a
   68  quorum, and the vote of five members is necessary for any action
   69  taken by the authority. A vacancy in the authority does not
   70  impair the right of a quorum of the authority to exercise all of
   71  the rights and perform all of the duties of the authority.
   72         Section 2. Paragraph (e) of subsection (2) of section
   73  348.754, Florida Statutes, is amended to read:
   74         348.754 Purposes and powers.—
   75         (2) The authority may exercise all powers necessary,
   76  appurtenant, convenient, or incidental to the implementation of
   77  the stated purposes, including, but not limited to, the
   78  following rights and powers:
   79         (e) To enter into and make lease-purchase agreements with
   80  the department for terms not exceeding 99 years, or until any
   81  bonds secured by a pledge of rentals pursuant to the agreement,
   82  and any refundings pursuant to the agreement, are fully paid as
   83  to both principal and interest, whichever is longer. The
   84  authority is a party to a lease-purchase agreement between the
   85  department and the Orlando-Orange County Expressway Authority
   86  dated December 23, 1985, as supplemented by a first supplement
   87  to the lease-purchase agreement dated November 25, 1986, and a
   88  second supplement to the lease-purchase agreement dated October
   89  27, 1988. The authority may not enter into other lease-purchase
   90  agreements with the department and may not amend the existing
   91  agreement in a manner that expands or increases the department’s
   92  obligations unless the department determines that the agreement
   93  or amendment is necessary to permit the refunding of bonds
   94  issued before July 1, 2013.
   95         Section 3. Subsection (2) of section 348.757, Florida
   96  Statutes, is amended to read:
   97         348.757 Lease-purchase agreement.—
   98         (2) The lease-purchase agreement must provide for the
   99  leasing of the former Orlando-Orange County Expressway System,
  100  by the authority, as lessor, to the department, as lessee, and
  101  must prescribe the term of such lease and the rentals to be
  102  paid, and must provide that upon the completion of the faithful
  103  performance and the termination of the lease-purchase agreement,
  104  title in fee simple absolute to the former Orlando-Orange County
  105  Expressway System as then constituted shall be transferred in
  106  accordance with law by the authority, to the state and the
  107  authority shall deliver to the department such deeds and
  108  conveyances as shall be necessary or convenient to vest title in
  109  fee simple absolute in the state.
  110         Section 4. Part III of chapter 348, Florida Statutes,
  111  consisting of ss. 348.751-348.765, is retitled “Central Florida
  112  Expressway Authority.”
  113         Section 5. This act shall take effect July 1, 2015.