Bill Text: FL S1024 | 2015 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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       Florida Senate - 2015                      CS for CS for SB 1024
       
       
        
       By the Committees on Fiscal Policy; and Transportation; and
       Senator Simmons
       
       
       
       
       594-03790-15                                          20151024c2
    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; specifying that the terms of members
    9         appointed by the Governor end on a specified date;
   10         removing the requirement that the authority elect one
   11         of its members as secretary; amending s. 348.754,
   12         F.S.; specifying that the Central Florida Expressway
   13         Authority is a party to a certain lease-purchase
   14         agreement between the department and the Orlando
   15         Orange County Expressway Authority; amending s.
   16         348.757, F.S.; removing the requirement that title in
   17         fee simple absolute to the former Orlando-Orange
   18         County Expressway System be transferred to the state
   19         upon the completion of the faithful performance and
   20         termination of a specified lease-purchase agreement;
   21         revising the title of part III of ch. 348, F.S.;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (3) and paragraph (a) of subsection
   27  (4) of section 348.753, Florida Statutes, are amended to read:
   28         348.753 Central Florida Expressway Authority.—
   29         (3) The governing body of the authority shall consist of
   30  nine members. The chairs of the boards of the county commissions
   31  of Seminole, Lake, and Osceola Counties shall each appoint one
   32  member from their respective counties, who must may be a
   33  commission member or chair or a county mayor. The Mayor of
   34  Orange County shall appoint a member from the Orange County
   35  Commission. The Governor shall appoint three citizen members,
   36  each of whom must be a citizen of either Orange County, Seminole
   37  County, Lake County, or Osceola County. The eighth member must
   38  be the Mayor of Orange County and. The ninth member must be the
   39  Mayor of the City of Orlando shall also serve as members. The
   40  executive director of the Florida Turnpike Enterprise shall
   41  serve as a nonvoting advisor to the governing body of the
   42  authority. Each member appointed by the Governor shall serve for
   43  4 years, with his or her term ending on December 31 of his or
   44  her last year of service. Each county-appointed member shall
   45  serve for 2 years. The terms of standing board members expire
   46  June 20, 2014. Each appointed member shall hold office until his
   47  or her successor has been appointed and has qualified. A vacancy
   48  occurring during a term must be filled only for the balance of
   49  the unexpired term. Each appointed member of the authority must
   50  shall be a person of outstanding reputation for integrity,
   51  responsibility, and business ability, but, except as provided in
   52  this subsection, a person who is an officer or employee of a
   53  municipality or county may not be an appointed member of the
   54  authority. Any member of the authority is eligible for
   55  reappointment.
   56         (4)(a) The authority shall elect one of its members as
   57  chair of the authority. The authority shall also elect one of
   58  its members as vice chair, one of its members as secretary, and
   59  one of its members as treasurer. The chair, vice chair,
   60  secretary, and treasurer shall hold such offices at the will of
   61  the authority. Five members of the authority constitute a
   62  quorum, and the vote of five members is necessary for any action
   63  taken by the authority. A vacancy in the authority does not
   64  impair the right of a quorum of the authority to exercise all of
   65  the rights and perform all of the duties of the authority.
   66         Section 2. Paragraph (e) of subsection (2) of section
   67  348.754, Florida Statutes, is amended to read:
   68         348.754 Purposes and powers.—
   69         (2) The authority may exercise all powers necessary,
   70  appurtenant, convenient, or incidental to the implementation of
   71  the stated purposes, including, but not limited to, the
   72  following rights and powers:
   73         (e) To enter into and make lease-purchase agreements with
   74  the department for terms not exceeding 99 years, or until any
   75  bonds secured by a pledge of rentals pursuant to the agreement,
   76  and any refundings pursuant to the agreement, are fully paid as
   77  to both principal and interest, whichever is longer. The
   78  authority is a party to a lease-purchase agreement between the
   79  department and the Orlando-Orange County Expressway Authority
   80  dated December 23, 1985, as supplemented by a first supplement
   81  to the lease-purchase agreement dated November 25, 1986, and a
   82  second supplement to the lease-purchase agreement dated October
   83  27, 1988. The authority may not enter into other lease-purchase
   84  agreements with the department and may not amend the existing
   85  agreement in a manner that expands or increases the department’s
   86  obligations unless the department determines that the agreement
   87  or amendment is necessary to permit the refunding of bonds
   88  issued before July 1, 2013.
   89         Section 3. Subsection (2) of section 348.757, Florida
   90  Statutes, is amended to read:
   91         348.757 Lease-purchase agreement.—
   92         (2) The lease-purchase agreement must provide for the
   93  leasing of the former Orlando-Orange County Expressway System,
   94  by the authority, as lessor, to the department, as lessee, and
   95  must prescribe the term of such lease and the rentals to be
   96  paid, and must provide that upon the completion of the faithful
   97  performance and the termination of the lease-purchase agreement,
   98  title in fee simple absolute to the former Orlando-Orange County
   99  Expressway System as then constituted shall be transferred in
  100  accordance with law by the authority, to the state and the
  101  authority shall deliver to the department such deeds and
  102  conveyances as shall be necessary or convenient to vest title in
  103  fee simple absolute in the state.
  104         Section 4. Part III of chapter 348, Florida Statutes,
  105  consisting of ss. 348.751-348.765, is retitled “Central Florida
  106  Expressway Authority.”
  107         Section 5. This act shall take effect July 1, 2015.