HomeMy WebLinkAboutRTO Board Agenda Packet August 18 2011Treasure Coast Regional Transit Organization Board Meeting Location: Martin County Administrative Building, Commission Chambers – 1st Floor, 2401 SE Monterey Road, Stuart, Florida. August
18, 2011 @2:00 pm Treasure Coast Regional Transit Organization Martin County BOCC St. Lucie County BOCC City of Stuart City of Port St. Lucie City of Fort Pierce Town of Sewell’s Point
Economic Development Council of Martin County, Inc. Economic Development Council of St. Lucie County, Inc. D R A F T A G E N D A I. Welcome and Introductions II. Chairman and Vice-Chairman
Elections Attachment includes list of RTO Members: the RTO is required to appoint a chair and vice-chair at the first meeting each year. (Action required) III. Background & Purpose of
RTO Attachments include RTA Action Plan (dated January 2010) and RTO Interlocal Agreement. (No action required) IV. Draft By-Laws Sample By-Laws will be provided at the meeting for discussion.
(No action required) V. Draft RTO Program Proposed topics for each of the next five ?????five RTO Board meetings will be presented. (Possible action required) VI. Technical Transit
Advisory Committee (TTAC) Role & Composition The RTO Board is required to establish a TTAC. (Action required) VII. Master Schedule /RTO Meeting Dates A RTO schedule, including potential
meeting dates will be presented and discussed. (Possible action required) VIII. Regional Transit Capital Grant Opportunity A unique opportunity is available for the RTO to secure a regional
infrastructure improvement grant. The process and potential improvements will be presented. (No action required) IX. Public Comment X. Board Member Comments XI. Adjourn
Organization Name E-mail Phone 1 Martin County BoCC Commissioner Doug Smith dsmith@martin.fl.us 772-221-2359 2 St Lucie County BoCC Commissioner Paula Lewis lewisp@stlucieco.org 772-462-1406
3 City of Stuart Commissioner Michael Mortell Mikemortell@comcast.net 772-221-9024 4 City Port St Lucie Councilman Jack Kelly district4@cityofpsl.com 772-871-5159 5 City of Fort Pierce
Commissioner Reginald Sessions sessionslawfirm@aol.com 772-971-3958 6 Town of Sewell Point Commissioner Tom Bausch weegee@gate.net 772-287-2455 Town of Sewell Point (Alternate) Jacqui
Thurlow-Lippisch jthurlowlippisch@comcast.net 772-486-3818 7 Economic Development Council of Martin County, Inc. Joe Capra jcapra@gocaptec.com 772- 692-4344 8 Economic Development Council
of St Lucie County, Inc. H. M. Ridgeley III hridgely@evansprop.com 772-234-2410 x 235 Board Membership Roster Treasure Coast Regional Transit Organization
Transit Authority Action Plan Port St. Lucie Urbanized Area Final Report Prepared for: St. Lucie Transportation Planning Organization 2300 Virginia Avenue Ft. Pierce, FL 34982 Martin
Metropolitan Planning Organization 2401 SE Monterey Road Stuart, FL 34996 Prepared by: Tindale-Oliver & Associates, Inc. 1000 Ashley Drive, Suite 100 Tampa, FL 33602 ph (813) 224-8862,
fax (813) 226-2106 In association with: Center for Urban Transportation Research University of South Florida January 2010
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 i Transit Authority Action Plan TABLE OF CONTENTS SECTION 1: INTRODUCTION.................................................
................................................ 1-1 1.1 Overview and Background ............................................................................ 1-1 1.2 Previous Work ...................
........................................................................... 1-2 1.3 Report Organization ......................................................................................
1-3 SECTION 2: WHY REGIONAL TRANSIT GOVERNANCE?.................................................... 2-1 2.1 Purpose and Need...........................................................................
............. 2-1 2.2 The Florida Experience ................................................................................. 2-4 SECTION 3: ACTION PLAN..............................................
...................................................... 3-1 3.1 Action Plan Approach.................................................................................... 3-1 3.2 Near-Term
Action Plan .................................................................................. 3-2 3.3 Mid-Term Action Plan ...........................................................................
........ 3-6 3.4 Long-Term Action Plan.................................................................................. 3-8 SECTION 4: REGIONAL TRANSIT SUMMIT........................................
.................................. 4-1 4.1 Transit Summit Program................................................................................ 4-1 4.2 Summit Feedback..............................
........................................................... 4-3 SECTION 5: REGIONAL TRANSIT ORGANIZATION ............................................................. 5-1 5.1 RTO Process.............
................................................................................... 5-1 5.2 Policy and Legislative Issues.........................................................................
5-4 5.3 Joint Board Action and Next Steps................................................................ 5-4 APPENDIX A: REGIONAL TRANSIT SUMMIT PROGRAM..............................................
........ A-1 APPENDIX B: SAMPLE RTO INTERLOCAL AGREEMENT...................................................... B-1 APPENDIX C: REGIONAL TRANSIT GOVERNANCE & FUNDING INFORMATION................
C-1 APPENDIX D: SAMPLE TRANSIT AUTHORITY LEGISLATION............................................... D-1
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 1-1 Transit Authority Action Plan SECTION 1 INTRODUCTION The Martin Metropolitan Planning Organization (MPO)
and the St. Lucie Transportation Planning Organization (TPO) are working cooperatively to establish a consensus on how best to establish regional transit governance for public transportation
services in the two-county region. The action plan for creation of a regional transit authority presented in this document is the product of significant efforts undertaken by the two
MPOs operating in the area and the Florida Department of Transportation (FDOT District 4). 1.1 OVERVIEW AND BACKGROUND Over the last several years, the Martin MPO, the St. Lucie TPO,
and FDOT District 4 have worked together to explore ways to improve the administration and delivery of public transportation services in Martin and St. Lucie counties. Prompted by several
critical issues, the two MPOs and FDOT District 4 have conducted several studies that explore opportunities for improving transit service efficiency and assess regional funding and governance
structures. Critical issues that have impacted transit services in the area include: ? 2000 Census urbanized area boundary changes ? New Apportionment Plans for the Martin MPO and the
St. Lucie TPO ? State funding for the Treasure Coast Connector 2000 Census Urbanized Area Boundary Changes Federal Transit Administration (FTA) Section 5307 funding is distributed to
the Councils on Aging through each county’s Board of County Commissioners. The two counties are the designated recipients of FTA Section 5307 funds. Prior to the 2000 Census, urbanized
areas within Martin and St. Lucie counties were not considered to be contiguous urbanized areas and, as such, were treated as separate urbanized areas for the purpose of using the allocated
federal funding. As a result of the 2000 Census, urbanized areas within the two counties were combined to create one large urbanized area. Combining the two urbanized areas resulted
in a newly-created urbanized area with a population size of over 200,000. FTA does not provide transit operating assistance for urbanized areas with a population over 200,000. As with
other urbanized areas exceeding the population threshold for operating assistance and that operate less than 100 peak period vehicles, FTA began a phasing out of Section 5307 funds for
transit operations in the two counties. In response, the Board of County Commissioners of St. Lucie County approved a Municipal Services Tax Unit (MSTU) for transit in 2003. The MSTU
allowed St. Lucie County to continue to meet transit needs in the area and to expand the service through the addition of several new fixed routes. Martin County has not identified a
new funding source for transit operations, but continues to receive funding annually from the County’s general fund.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 1-2 Transit Authority Action Plan New Martin MPO and St. Lucie TPO Apportionment Plans Another impact of
combining the two urbanized areas was a proposed effort outlined in a September 2003 letter from FDOT District 4 to the FDOT Office of Policy Planning to develop a new MPO apportionment
plan for both the Martin MPO and the St. Lucie TPO. Goals for the new apportionment plan include conduct of joint transportation planning efforts to address regional and local transportation
needs throughout the urbanized area. The first product of this joint effort was the Regional Long Range Transportation Plan completed in 2006. Another regional transportation planning
effort identified for the new apportionment plans is a regional Transit Development Plan. That effort was completed in September 2009. The specific goals and timeline included for the
apportionment plans regarding regional transit planning efforts are as follows: ? FY 2005/06 – By March 31, 2006, each MPO shall consider adopting common elements of individual Transit
Development Plans, which could include a proposal for establishing and implementing a Regional Transit Authority. ? FY 2006/07 – Seek legislative approval for implementation of a Regional
Transit Authority. ? FY 2007/08 – Begin administrative processes to formally establish a bi-county Regional Transit Authority. While the milestone dates have not been achieved, significant
progress has been made with the adoption of the Regional TDP and Transit Authority Action Plan effort documented in this report. State Funding for the Treasure Coast Connector In addition
to receiving federal transit funding, both counties receive State funding through the FDOT discretionary grant program. The FDOT District 4 office has indicated that State funding for
the Treasure Coast Connector would be phased out by June 30, 2010. Elected officials and County staff indicated a desire to consider local funding solutions that would address future
transit funding shortfalls resulting from the loss of the State grant monies. Martin and St. Lucie counties are coordinating efforts to continue funding the operation of the Treasure
Coast Connector. 1.2 PREVIOUS WORK To set the stage for action plan development, a brief synopsis of the major studies funded by FDOT and conducted by the two MPOs to address the critical
issues is presented below.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 1-3 Transit Authority Action Plan Regional Transit and Specialized Transportation Efficiency Study The major
emphasis of this study, completed in March 2008, was on developing tools and methods for transitioning door-to-door paratransit trips within a four-county area (Indian River, St. Lucie,
Martin, and Palm Beach) to fixed-route bus service. The study also considered existing and potential regional connections and coordination among the counties’ demand response and fixed-route
transit service. Results of the study include the identification of service improvement and policy strategies that enhance the strengths and address the weaknesses of transit within
the four-county region. Martin/St. Lucie Transit Funding & Governance Study This study proposed five transit governance alternatives designed to facilitate the implementation of a desired
transit service option. Transit service options represented varying transit service levels and were distinguished in terms of the level of investment required to attain the types of
services described under each. Types of services ranged from low-cost improvements for demand-response bus service to much larger investments in fixed-route services, such as increasing
the number of fixed routes or adding express services. The five governance alternatives were evaluated based on their ability to contribute to service efficiencies, provide for a stable
funding source, facilitate regional coordination, and in terms of their implementation complexity. 2010-2019 Port St. Lucie Urbanized Area Regional Transit Development Plan (TDP) The
Port St. Lucie Urbanized Area TDP was completed in August 2009 and represents the vision for transit services in the two-county region. The TDP serves as the strategic guide for development,
improvement, and expansion of public transportation services and was developed as a joint effort among the two MPOs, the two counties, and FDOT District 4. Developing a regional vision
vision for future public transportation services is the first step in transitioning to a regional transit authority. As such, the first major hurdle in facilitating this transition has
been successfully accomplished. The action plan presented in this document builds on the completion of the TDP by outlining steps needed to be taken for attainment and realization of
the vision established in that plan. 1.3 REPORT ORGANIZATION Including this introduction, this report is organized into five major sections. The remaining sections are summarized below.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 1-4 Transit Authority Action Plan Section 2 presents the purpose and need for Regional Transit Governance
in the area. A review of existing regional transit or transportation authorities in Florida is presented, and statistics of transit governance structures throughout the state are provided.
Section 3 outlines the Action Plan for development of regional transit governance in the twocounty area. Each phase and task of the Action Plan is discussed, and flow charts are provided
that illustrate the relationships among varying Action Plan tasks. Section 4 presents a summary of a Regional Transit Summit held to help build consensus for the effort to pursue a regional
transit governance structure. A description of the summit program and summit sessions and results of feedback received from summit participants is provided. Section 5 includes the discussion
of critical issues for the proposed Regional Transit Organization. A proposed board composition and set of responsibilities for the regional transit organization are presented, and a
description of example policy questions and next steps are provided. Additional information is provided in a series of four appendices to further support the transition to a more regional
approach to transit in the region.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 2-1 Transit Authority Action Plan SECTION 2 WHY REGIONAL TRANSIT GOVERNANCE? Regional transportation authorities
are not new in Florida. The legislative authority to create them has been around for many years. What has changed in recent years is the cost of providing public transportation services.
A “perfect storm” of increasing costs plus an economic downturn forced many local governments and transit service operators to search for more efficient ways to deliver a needed public
service. Creation of a regional transportation authority appears to be the ideal course of action. A regional transportation authority serves as a special district, and the special district
approach to the delivery of public transportation services is not unlike a special district that manages other public services such as utilities or water. Spurred by shrinking and outstretched
budgets, more and more local governments are turning to regional transportation authorities as the solution for funding and administering public transportation services. 2.1 PURPOSE
AND NEED Each city, county, or region experiences unique conditions that serve as a basis for justifying pursuit of a more regional approach to public transportation. For the Port St.
Lucie Urbanized Area, several arguments can be made to support the purpose and need for such a governance structure. They include: ? Implement a regional vision for public transportation
? Secure funding ? Establish a regional identity ? Meet regional travel demand ? Improve efficiency Implement a Regional Vision for Public Transportation A regional agency that is given
the right tools and dedicated solely to public transportation can certainly improve the chances of achieving the region-wide vision for transit established in the Regional TDP. Such
an agency is not hampered by competing interests and can focus efforts on improving public transportation and allocating resources where they are most needed. The Regional TDP outlines
where that need exists and where service improvements should be made. One of the major conclusions that can be drawn from the Regional TDP is the need to expand service. A peer review
completed for the Regional TDP identified deficiencies in the amount of public transportation service available in the area. From a group of 10 peer urbanized areas, the Port St. Lucie
Urbanized Area ranked last in the following categories:
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 2-2 Transit Authority Action Plan ? Total Revenue Miles ? Total Revenue Hours ? Number of Peak Vehicles A
regional transit governance structure could help facilitate the pursuit of more funding for service improvements and expansions that could meet transit needs in the area. Secure Funding
One of the major reasons for establishing a regional transit authority is to pursue a dedicated funding source for transit. Funding that is free from competing interests enhances stability
and is essential in maintaining adequate service levels and planning for future service improvements. Creation of a regional transit authority enhances the ability to achieve greater
and more secure funding for transit. As such, there is a greater probability of achieving the region’s vision for public transportation services. Establish a Regional Identity Formation
of a regional transit governance structure would require that all services fall under one single name and brand logo. A unified identity would improve the visibility and raise awareness
of public transportation services throughout the region. Other benefits of creating a single identity and brand include the facilitation of marketing and advertising, the creation of
coordinated public route schedules, and the perception of a unified effort for delivering needed services to the region. Meet Regional Travel Demand Public transportation demands in
the region are not confined to individual counties. Travel patterns in the region reflect a substantial amount of inter-county travel. As indicated in the Regional TDP, a large number
of trips occur between Martin and St. Lucie counties, Martin and Palm Beach counties, and St. Lucie and Palm Beach counties. A regional transit governance structure could better respond
to these inter-county travel needs because, by their very nature, they can diminish any parochial influences among jurisdictions and can help achieve increased levels of state and federal
transit funding for the region. Improve Efficiency As service expands over time, the potential for greater service efficiency can be achieved. Efforts to improve service efficiency do
not necessarily equate to reductions in transit investment. Reductions in transit funding generally mean a reduction in service levels. Reducing the amount and level of service will
adversely impact existing service users and make
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 2-3 Transit Authority Action Plan the service less attractive to potential users. Conversely, investments
in transit that improve service can lead to increases in ridership. Quantitative evidence exists to support the assertion that larger investment in transit service equates to improved
service efficiency over time. A relationship between transit agency size and operating cost per passenger trip can be drawn by looking at the experience of transit agencies in the United
States. To understand the relationship between agency size and service efficiency, 2007 national transit data were collected for all transit agencies that operate a fixedroute bus service
in the southeastern United States, including the following states: ? Alabama ? Arkansas ? Florida ? Georgia ? Kentucky ? Louisiana ? Mississippi ? North Carolina ? South Carolina ? Tennessee
? Texas ? Virginia Data collected included passenger trips per revenue hour, operating cost per passenger trip, and the number of peak vehicles operated by each agency. Peak vehicle
information was used to determine the size of each transit agency. Transit agencies were grouped based on the number of peak vehicles operated. Peak vehicle categories used for this
analysis are consistent with discrete categories commonly used by FTA to describe agency size. In addition, door-to-door paratransit service statistics for the agencies reviewed were
collected to compare service efficiencies between fixed-route operations and paratransit service. Figure 2-1 illustrates the relationship between ridership productivity (passenger trips
per revenue hour), cost efficiency (operating cost per passenger trip), and transit agency size (based on the number of peak vehicles). Two major conclusions can be drawn from the analysis:
? Door-to-door or paratransit service is the least efficient transit service. Based on the information used to prepare Figure 2-1, the average operating expense per passenger trip for
paratransit services is $20.63. The average operating expense per passenger trip for agencies operating over 200 peak fixed-route service vehicles is $3.10. ? As fixed-route bus service
expands (more peak vehicles), ridership productivity (trips per hour) increases while cost per trip gradually declines. Agencies operating more than 200 peak fixed-route vehicles average
about 29 passengers per revenue hour, while demand-response services average two passengers per revenue hour.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 2-4 Transit Authority Action Plan Figure 2-1 Transit Agency Size and Service Efficiency 05 10 15 20 25 30
35 Demand Response Peak Vehicles 1 -9 Peak Vehicles 10 -49 Peak Vehicles 50 -200 Peak Vehicles >200 Passenger Trips per Revenue Hour $0 $5 $10 $15 $20 $25 Operating Cost per Passenger
Trip Average: Passenger Trips per Revenue Hour Average: Operating Expense per Passenger Trip 2.2 THE FLORIDA EXPERIENCE As indicated earlier in this section, transit authorities are
not a new development for public transportation systems in Florida. In Florida, transit governance structures can be organized into three major categories, including the operation and
administration of transit services by a: ? private non-profit organization ? city or county government ? transit authority There exists some overlap, and not all transit services can
be discretely assigned to each of the categories shown. However, for comparative purposes, this categorization illustrates the predominance of various transit governance structures across
the state. Figure 2-2 presents the number of transit agencies in Florida by type of governance. As shown in that figure, 7 of the 30 transit agencies are governed by transit or transportation
authorities: ? Hillsborough Transit Authority (HART) ? Jacksonville Transportation Authority (JTA) ? Pinellas Suncoast Transit Authority (PSTA) ? Central Florida Regional Transportation
Authority (LYNX, Orlando) ? South Florida Regional Transportation Authority (SFRTA, Tri-Rail) ? Polk Transit Authority (PTA) ? Tampa Bay Area Regional Transportation Authority (TBARTA)
Ridership Productivity Cost Efficiency
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 2-5 Transit Authority Action Plan Figure 2-2 Transit Governance in Florida 18 7 5 Private Non-Profit County/City
Government Transit Authority Source: 2007 Florida Transit Handbook Of these seven, PTA and TBARTA both were established in 2007. In addition to the transit authorities presented above,
other counties and regions are currently considering the establishment of a transit authority in the future. They include Lee County and the Sarasota County/Manatee County region. JTA
also is considering an expansion to include other adjacent counties in the northeast Florida region. Figure 2-3 illustrates the location of existing authorities and areas considering
implementing a transit authority. Figure 2-3 Florida Transit Authorities Existing Authorities Areas Considering
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-1 Transit Authority Action Plan SECTION 3 ACTION PLAN This section includes the Action Plan for establishment
of a regional transit authority for St. Lucie and Martin counties. The approach used in developing the Action Plan is briefly described, and each task of the Action Plan is presented
along with a proposed schedule for completion of those tasks. 3.1 ACTION PLAN APPROACH The Action Plan presented in this report sets the course of action for establishing regional transit
governance in St. Lucie and Martin counties. A proposed timeline and schedule have been prepared that will guide the execution of the recommended Action Plan tasks. To organize the accomplishment
of important milestones, the Action Plan is organized into three major phases that are based on time periods and include: ? Near-Term Action Plan (7 months) ? Mid-Term Action Plan (2
years) ? Long-Term Action Plan (3 – 5 years) Actions and major milestones in the Action Plan are modeled similar to actions performed and the milestones achieved by Polk County in its
effort to create the Polk Transit Authority. The PTA was successfully created in 2007, and the agency is currently pursuing a sales tax referendum to fund its administration and services.
The Polk model can be organized into four major steps. Figure 3-1 lists those major steps, compares the timeframes taken to complete those steps with a proposed timeline for St. Lucie
and Martin counties, and shows how those major steps relate to the Action Plan phases. Table 3-1 Comparison of Polk and St. Lucie/Martin Transit Authority Process Major Step Polk Model
Timeline St. Lucie/Martin Process Timeline St. Lucie/Martin Action Plan Phase Adopt Vision & Action Plan 2003 Vision 2009 Action Plan 2010 Near-Term Regional Transit Organization (RTO)1
2004 – 2007 2010 – RTA2 Mid-Term Establish Regional Transit Authority 2007 2012/2013 Long-Term Secure Dedicated Revenue 2010 2012 or When time is right Long-Term 1A detailed description
of the RTO and its responsibilities is provided in Section 4 of this report. 2As the interim board, the RTO will lead the transition to the RTA until the RTA is established.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-2 Transit Authority Action Plan Each Action Plan phase corresponds to a specific time period and is defined
by achievement of a proposed set of outcomes and one major goal. Transition to the next Action Plan phase is contingent on completion of tasks in the previous phase. In addition, a proposed
timeline and schedule have been prepared for each phase that is consistent with the overall Action Plan timeline. Figure 3-1 illustrates the phases, lists the desired outcomes of each,
and shows the proposed timeline for the completion of all tasks. 3.2 NEAR-TERM ACTION PLAN The major goal of the Near-Term Action Plan is to achieve consensus on the overall Action Plan.
Approval of the Action Plan is the first major step in the overall process of achieving regional transit governance for the area. Approval by the Martin MPO and St. Lucie TPO reflects
endorsement of the end goal and the process to achieve that end goal. As such, steps within the Near-Term Action Plan consist primarily of tasks oriented toward preparation and approval
of the Action Plan itself. Figure 3-2 illustrates in flow chart format the tasks and timeline of the Near-Term Action Plan. Action 1: Use Information to support education process. July
-August 2009 Information from the Regional TDP and other study documents were used to develop the purpose and need for regional transit governance.
Critical issues were identified to provide the basis for developing regional transit governance in the region. In addition, research of State enabling legislation was conducted to support
appropriate Action Plan tasks. Action 2: Document key advantages of regional governance. July -August 2009 Advantages and disadvantages of regional transit authority structures were
researched and documented. The legislative processes, as appropriate, were researched in order to structure Action Plan tasks. Action 3: Develop and refine the Draft Action Plan. July
-August 2009 A Draft Action Plan was prepared that identified milestones, tasks, and a proposed timeline for task completion. Specific outcomes were developed for each action plan phase.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-3 Transit Authority Action Plan Figure 3-1 Summary of Anticipated Action Plan Outcomes (Near-Term, Mid-Term,
and Long-Term)
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-4 Transit Authority Action Plan Figure 3-2 Near-Term Action Plan (6 months)
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-5 Transit Authority Action Plan Action 4: Present Draft Action Plan to the Project Management Coordinating
Committee (PMCC). September 2009 The Draft Action Plan was presented to the PMCC on September 25, 2009. PMCC members were given the opportunity to comment and provide feedback on Draft
Action Plan tasks. Action 5: Develop revised Draft Action Plan. September -October 2009 The Draft Action Plan was revised based on feedback received from the PMCC. Action 6: Maximize
probability of success by identifying and meeting with potential advocates. October 2009 Meetings were held with key community officials considered to be potential advocates of regional
transit governance. This action evolved into an increased emphasis on the Regional Transit Summit, described in Action 9, and its participants. Action 7: Present Draft Action Plan to
Joint MPO/TPO Board. October 2009 The Draft Action Plan was presented to the Joint MPO/TPO Board on on October 22, 2009. Board members were given the opportunity to comment and provide
feedback on Action Plan tasks. Action 8: Develop Final Draft Action Plan. October -January 2010 The Final Draft Action Plan was developed based on comments received at the Joint MPO/TPO
Board meeting. Action 9: Host Regional Transit Summit. January 2010 A regional transit summit was held on January 8, 2010, and convened elected officials, the public, and transit officials
from across the state to participate in a discussion of regional transit vision, issues, and governance. A summary of the event and major points of discussion are provided in Section
4 of this report.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-6 Transit Authority Action Plan Action 10: Present transit summit findings to the Joint MPO/TPO Board.
February 2010 A presentation of the Final Draft Action Plan and transit summit findings was made to the Joint MPO/TPO Board on February 18, 2010. Comments on the Action Plan received
at that Joint Board meeting are summarized in Section 5. 3.3 MID-TERM ACTION PLAN The Mid-Term Action Plan consists of three critical components in the effort to implement regional transit
governance: 1) establishment of a Regional Transit Organization (RTO), 2) resolution of policy questions that will govern various aspects of the governance structure that will be established,
and 3) conducting market research. Figure 3-3 illustrates in flow chart format the tasks and timeline of the Mid-Term Action Plan. The RTO will function as an interim organization that
will lead the transition to the regional transit governance structure. More detail on the recommended composition and responsibilities of the RTO are provided in Section 5 of this report.
Action 1: Establish Regional Transit Organization (RTO). June 2010 Each county and city general-purpose government in the two-county region will enter into an interlocal agreement that
will outline the composition and duties of the RTO. After the interlocal agreement is signed and approved by each agency, the RTO will initiate the policy discussion to be completed
in Action 2 of the Mid-Term Action Plan. Although the RTO is proposed to be established in June 2010, it is important to establish the RTO sooner, if possible, in order to capitalize
on the momentum and consensus gained through the TDP and Action Plan development efforts and also initiate discussion on key policy and legislative issues. Action 2: Discuss and resolve
policy questions related to the formation of the regional transit authority. July 2010 -April 2011 As indicated in Action 1 of the Mid-Term Action Plan, the RTO is the working group
that will lead the transition to the regional transit governance structure to be implemented. As such, there are a number of policy-related issues that participating agencies will need
to agree on. An agreement on those policy issues will facilitate transition to regional governance and will assist in the development of the proposal of state legislation if that is
the desire and inclination of the region to pursue. Relevant policy questions are described in more detail in Section 5 of this report.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-7 Transit Authority Action Plan Figure 3-3 Preliminary Mid-Term Action Plan (pending results of Near-Term
Action Plan)
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-8 Transit Authority Action Plan Action 3: Conduct market research. July 2010 -October 2011 The establishment
of a dedicated funding source is essential to the success of a regional transit authority. The proposed funding mechanism will likely require a vote by the public through referendum.
To support that effort, an extensive market research effort is proposed to be performed as part of the implementation of a transit authority. To perform the market research task, surveys
and other information-gathering tools should be designed to identify those transitrelated issues that are the most sensitive to the public and public officials. This sensitivity should
be measured in terms of both positive and negative reactions to various transit-related topics. Major objectives for the market research task should include: ? Assessment of transit-related
perceptions and sentiments ? Strategic segmentation of the community ? Identification of potential community, business, and political champions ? Development of initial marketing campaign
tools ? Marketing campaign plan All of these elements will assist in garnering grassroots support for the referendum once the marketing campaign and voter education effort are launched.
Such a task is presented in Action 6 of the Long-Term Action Plan. Initial market research will provide the knowledge necessary to reach out to neighborhood groups, community organizations,
and the business community. Although this type of grassroots support is difficult and time-consuming to develop, it is important to note that it is even harder to gather support after
an initial ballot attempt fails and dampens the interest of certain segments of the community. Additional information to support the RTO discussions is provided in Appendix A. That Appendix
provides information on special districts, authorities, and potential funding sources, and describes two major local sales tax options that currently are being considered by counties
across the state to fund public transportation. 3.4 LONG-TERM ACTION PLAN The Long-Term Action Plan, shown in Figure 3-4, has been structured to include the actual implementation steps
needed to establish a regional transit authority. These include legislative actions and a public education and marketing campaign that would support a potential referendum for a dedicated
transit funding source. It is important to note that specific long-term actions are subject to change based on the discussions and desires of the RTO. In addition, several policy issues
yet to be resolved by the RTO have been assumed for the purpose of the draft long-term action plan. These assumptions include:
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-9 Transit Authority Action Plan Figure 3-4 Preliminary Long-Term Action Plan (pending results of Mid-Term
Action Plan)
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-10 Transit Authority Action Plan ? An independent transit authority as the preferred regional transit governance
structure. Such an authority will require special state legislation. ? A sales tax as the preferred funding source. ? To implement the sales tax, a two-county sales tax referendum would
need to be pursued. It is important to note that decisions on the transit governance structure and the preferred funding mechanism for the agency ultimately will be decided in the Mid-Term
Action Plan by the RTO; assumptions and recommendations here do not preclude the selection of a different governance structure or funding source. As indicated at the beginning of this
section, each Action Plan phase is contingent on the decisions taken in the previous Action Plan phase and is subject to change. The current proposal for the Long-Term Action Plan is
a proven model that has been carried out in Polk County. Action 1: Continue market research. July 2010 -October 2011 Market research efforts should continue throughout the transit authority
implementation process. As indicated in the Mid-Term Action Plan, market research results will assist in any marketing campaign proposed to support a funding referendum. Action 2: Outline
proposal for special legislation. February 2011 -June 2011 The RTO will prepare an outline for the proposed legislation that will legally create the regional transit governance structure.
The outline should be consistent with existing state legislation and should address all elements required by State Statutes. This outline will be used in Action 3 to obtain a bill sponsor
from the local legislative delegation. Action 3: Obtain bill sponsor. July 2011 -October 2011 To have the proposed initiative considered by the Florida Legislature, the two counties
must obtain a bill sponsor. St. Lucie and Martin county officials will meet with their local legislative delegation to present the bill proposal. This may need to be accomplished by
meeting individually with each House and Senate member. According to State law, bills may originate in either chamber. Once a bill sponsor agrees to introduce the bill, the process of
drafting the legislation can begin.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-11 Transit Authority Action Plan Action 4: Draft legislation. November 2011 -January 2012 Once a bill sponsor
is obtained, it is recommended that a bill drafting service be employed to write the bill before filing with the Senate or House Secretary. A bill drafting service will ensure that the
bill has been prepared in the correct style for consideration by the State Legislature and the Governor’s Office. Action 5: Obtain bill adoption into law. May 2012 Support should be
provided to the RTO by all participating agencies during the bill adoption process as necessary. Participating agencies include the St. Lucie TPO, the Martin MPO, St. Lucie County, Martin
County, municipalities, and FDOT District 4, among others. Close coordination should be maintained with the bill sponsor. Once the bill is approved by the Governor’s Office, the bill
becomes law and is effective on a specified date or on the 60th day after legislative session adjournment. Action 6: Conduct marketing campaign and voter education activities. February
2012 -October 2012 The marketing campaign plan developed as part of Action 1 should be deployed as early as possible. Marketing efforts begin when the initial market assessment is performed.
That assessment identifies the market segments and advocates that will steer the direction of the campaign. Essentially, the marketing campaign is directly or indirectly associated with
every task of the Action Plan. Campaign efforts should be centralized to provide a forum for a collectively-unified voice in support of the preferred funding alternative. A campaign
manager and team with specific campaign responsibilities should be identified, and all recommended media outlets should be employed as early as possible. The RTO should provide the necessary
guidance concerning marketing campaign activities. In addition, it may be beneficial to employ a professional political consultant. Political consultants can assist in incorporating
the experience and influence of local leadership into a campaign strategy that reflects local values and proven techniques. Action 7: Appoint transit authority board. June 2012 Appointment
of Transit Authority Board members is the responsibility of participating jurisdictions. Coordination of the appointment process should be centralized and led by the
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 3-12 Transit Authority Action Plan RTO. In support of the appointment process, it is recommended that sample
resolutions, invitation letters, and other administrative material be prepared for each participating local government. Action 8: Seek two-county referendum authorizing the preferred
funding alternative. November 2012 Although a sales tax referendum is proposed to be sought in November 2012, it should be understood that such an endeavor should be considered only
when the political climate is right. A presidential election year is presented here as an option because it offers the best opportunity to capture a large segment of voters from various
demographic, socioeconomic, and political backgrounds that may support a referendum of this kind. Support should be provided to the County Office of Elections as necessary. Wording of
the referendum should be approved by the RTO prior to the Office of Election’s submittal deadline. Marketing campaign efforts should be performed up to and on the day of the vote. Action
9: Establish effective date for regional transit governance and preferred funding alternative. October 2013 This task constitutes the major end product of the Action Plan. The effective
dates for the preferred funding alternative and for commencement of service under the Transit Authority should coincide.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 4-1 Transit Authority Action Plan SECTION 4 REGIONAL TRANSIT SUMMIT A Regional Transit Summit was held on
January 8, 2010, at Tradition Town Hall in Port St. Lucie to facilitate the consensus-building process for creation of a regional transit governance structure. The Transit Summit was
the first of its kind to be held in the Treasure Coast region and served as a major step forward for unifying the two counties and their vision for public transportation. Over 150 persons
were in attendance including Florida Representative Adam Fetterman, elected officials from the two counties, representatives from many public and private agencies and jurisdictions,
and members of the general public. Details on the content of the summit and feedback received are included in this section. 4.1 TRANSIT SUMMIT PROGRAM The St. Lucie/Martin Regional Transit
Summit program consisted of speakers and panelists from a wide variety of professional backgrounds, including public officials, transit industry experts, and local business leaders.
The program can be found in Appendix A. Key discussion points and issues raised and discussed for each program topic are summarized below. Additional information on summit presentations
can be accessed at www.tindaleoliver.com/Transit Summit.html. Welcome Welcoming remarks were provided by the summit facilitator, Mr. Rob Gregg, Center for Urban Transportation Research
at the University of South Florida; Mr. Michael Mortell, Martin MPO Chairman; and Mr. Darrell Drummond, St. Lucie TPO Chairman. The Summit Program theme utilized sessions to answer the
questions of the “What, Why, Who and How “ of developing a Regional Transit Agency. The What: Regional Transit Perspectives The opening session for the summit included national, state,
and regional agency presentations on the importance of regional transit coordination. State Representative Fetterman made a brief presentation on the need for transit and transportation
alternatives to the automobile. Mr. Ed Coven, State Transit Manager for the State of Florida, and Mr. Jeff Weidner, Mobility Manager for FDOT District 4, made presentations on the state
process for implementing and funding
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 4-2 Transit Authority Action Plan transit authorities and advances being made in alternative modes of transportation
in the Treasure Coast region. Key issues addressed in this session included the following: ? The need for more transportation alternatives ? Building a better relationship between transportation
and land use ? FDOT’s supportive role in transit planning, operations, and grant administration ? Legislative mechanisms for establishing a regional transit authority ? Potential funding
sources ? Are St. Lucie and Martin Counties a region or just neighbors? ? Review of FDOT District 4 and regional multimodal partnerships ? Challenges and opportunities in the region
The Why: Transit Needs and Economic Development A brief presentation on the transit vision identified in the Regional TDP was made during this program session, followed by a panel discussion
organized to identify the significance of improved transit services from a business perspective. Participating on the panel were representatives from the Economic Development Councils
of each county, the President of Indian River State College (IRSC), the Chairman of the St. Lucie County Board of County Commissioners, and President of the Committee for a Sustainable
Treasure Coast, Inc. Key discussion points included the following: ? Transit needs identified in the Regional TDP ? The importance of a robust transportation system in attracting potential
employers and businesses ? The significance of addressing mobility access to training, education and employment ? Regional travel demand and growth management ? Improved transit connectivity
between IRSC campuses The Who: Regional Transit Agency Experience in Florida A second panel consisted of persons currently working for or who have been involved with the creation or
operation of a transit authority in Florida, including three current directors of a transit or transportation authority. The panel provided valuable information based on members’ experiences,
describing parallels among their efforts, lessons learned, and successful aspects
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 4-3 Transit Authority Action Plan of their organization. A key discussion point included obstacles that need
to be overcome in pursuing regional collaboration. Key discussion points from this Summit panel include the following: ? The basis of developing a regional partnership that serves customers
regardless of political boundaries ? The importance of trust and equity among the governing board of a RTA ? The collective efficiencies and effectiveness of a regional approach in coordinating
and developing mobility services ? The benefits of a “regional voice” in coordinating with State and Federal partnerships ? Issues that need to be addressed in pursuing regional collaboration
to include equity in representation and fair cost allocation of services ? Steps toward regional coordination from planning to implementation of services The How: Where We Go From Here
In this session, Bill Ball, Chief Operating Officer of TOA, presented the Draft Action Plan. The presentation summarized various topics discussed over the course of the program and offered
a four-step process for establishing a regional transit authority. The context of the presentation is addressed throughout this report. 4.2 SUMMIT FEEDBACK Participants at the Transit
Summit were asked to engage with speakers and panelists at various times throughout the summit. This was accomplished by opening up the floor for questions from the audience and by written
questions. As an additional measure for gauging perceptions on the Transit Summit and proposed Action Plan, a survey card was available for each participant to complete which asked respondents
about summit-related topics. Participants also were given the opportunity to complete an on-line survey on the internet by linking to a website address identified in a “thank you for
participating” email sent to all attendees.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 4-4 Transit Authority Action Plan A total of 31 responses were received from comment cards received at the
summit and the online survey. A summary and analysis of the responses received are shown in Figures 5-1 through 5-3. The first question on the survey asked respondents to select from
among a group of responses, what are the most important reasons to coordinate and expand public transit. The total number of responses received in each response category is shown in
Figure 5-1. Figure 5-1 What are the most important reasons to coordinate and expand public transit? In addition to selecting from among the reasons listed on the survey card, respondents
were also given the opportunity to list other reasons that were not listed. Other reasons indicated by respondents in support of expanding transit include: ? Economic development and
sustainability ? Increasing transportation choices for everyone ? Quality of life The second question on the survey asked respondents to indicate their level of support for a more regional
approach for transit in the region. The total number of responses received in each response category is shown in Figure 5-2. Of the responses received for this question, 83 percent either
strongly supported or moderately supported a regional approach for transit in the region. 5 11 1314 22 0 5 10 15 20 25 Social Service Trips Senior/Youth Mobility Options Sustainable
Community/Climate Change Values Congestion/Energy Commuter/Job Access Trips
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 4-5 Transit Authority Action Plan Figure 5-2 Indicate your level of support for a more regional approach
to transit for St. Lucie and Martin counties. The third question on the survey asked respondents whether they supported the RTA Action Plan as proposed. Results for that question are
shown in Figure 5-3. Figure 5-3 What is your opinion of the RTA Action Plan as proposed? 4 9 4 0 1 2 3 4 5 6 7 8 9 10 Suggest Another Approach Support Action Plan with modifications
Support Action Plan as provided Major modifications to the Action Plan suggested by respondents addressed representation on the RTO and extending an offer to Indian River County to participate
in the process. 2 11 14 0 2 4 6 8 10 12 14 16 Need More Study Do Not Support Moderately Support Strongly Support
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-1 Transit Authority Action Plan SECTION 5 REGIONAL TRANSIT ORGANIZATION The first action in the Mid-Term
Action Plan is establishing an interim Regional Transit Organization (RTO). The RTO is the regional board that will facilitate and lead the transition to a regional transit governance
structure. As indicated in Section 3 of this report, the RTO is proposed to be modeled after similar interim organizations formed in Polk County and Lee County. Table 5-1 shows the major
steps followed by Polk County in its effort to establish the Polk Transit Authority. As shown in that table, the second major step in Polk County’s effort was the RTO. Consequently,
the St. Lucie/Martin process parallels establishment of the RTO as its second major step in achieving a regional transit authority. This section has been prepared to provide guidance
to St. Lucie and Martin counties in creating the RTO and execution of the RTO’s responsibilities. Table 5-1 Comparison of Polk and St. Lucie/Martin Transit Authority Process Major Step
Polk Model Timeline St. Lucie/Martin Process Timeline St. Lucie/Martin Action Plan Phase Adopt Vision & Action Plan 2003 Vision 2009 Action Plan 2010 Near-Term Regional Transit Organization
(RTO) 2004 – 2007 2010 – RTA2 Mid-Term Establish Regional Transit Authority 2007 2012/2013 Long-Term Secure Dedicated Revenue 2010 2012 or When time is right Long-Term *As the interim
board, the RTO will lead the transition to the RTA until the RTA is established. 5.1 RTO PROCESS The RTO will enhance coordination among all the entities involved in the creation of
a regional transit governance structure. How the RTO is created and what its composition, duties, and responsibilities should be are described below. Interlocal Agreement To create the
RTO, an interlocal agreement must be prepared that outlines, at a minimum, the following: ? Defines the purpose of the RTO ? Specifies the RTO Board composition ? Specifies the RTO’s
powers and duties
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-2 Transit Authority Action Plan ? Identifies staff support for the RTO Once complete, the interlocal agreement
should be taken to each general-purpose local government board for approval. A sample interlocal agreement from Polk County is included in Appendix B of this report. Duties and Responsibilities
Development of an interim board, such as the RTO, is a proven process that has been successfully employed by Polk County in their efforts to establish the Polk Transit Authority. Lee
County has a similar board, the Transit Authority Oversight Committee (TAOC), which currently shares parallel responsibilities to those that were performed by the Polk RTO. Consequently,
the responsibilities for the St. Lucie/Martin RTO are proposed to be similar to those responsibilities charged to the two groups formed for Polk County and Lee County. They include the
following: ? Facilitate and guide the transition to a regional transit governance. governance. ? Develop a strategy for the creation of a regional transit governance structure. ? Review
operating and capital needs identified in the 2010 Regional TDP. ? Develop recommendations on the coordination of funding for public transportation services. ? Serve as a regional forum
for addressing and resolving region-wide public transportation issues. ? Develop the transit authority charter and corresponding state legislation. As indicated previously, RTO powers
and duties should be clearly defined in an interlocal agreement. It is important to note that the strategy for creation of a regional transit governance structure includes the resolution
of several significant policy questions. Some of the key policy questions are presented later in this section. RTO Board Composition Two RTO Board composition proposals are presented
in Tables 5-2 and 5-3. The number of representatives for each jurisdiction/agency in the first proposal, shown in Table 5-2, is modeled after the Polk RTO, where each county is represented
by two members and each municipality is represented by one member, except for large municipalities. As shown in that table, there is representation on the RTO Board from FDOT District
4, and one additional representative was added for Port St. Lucie because it is the municipality with the largest population size in the twocounty region. In this scenario, there are
a total of twelve members on the RTO Board. The second proposed RTO Board composition is modeled after the Lee County TAOC. In that proposal, each jurisdiction in the area is allowed
one representative on the RTO Board. It is
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-3 Transit Authority Action Plan important to distinguish the RTO Board composition from the future RTA
Board composition. The RTA Board composition may be quite different based on the decisions made by the RTO. Table 5-2 Table 5-3 Proposed St. Lucie/Martin RTO Proposed St. Lucie/Martin
RTO Composition (Polk County Model) Composition (Lee County Model) Jurisdiction/Agency Number of Representatives Jurisdiction/Agency Number of Representatives Martin County 2 Martin
County 1 St. Lucie County 2 St. Lucie County 1 Martin MPO 1 Port St. Lucie 1 St. Lucie TPO 1 Fort Pierce 1 Port St. Lucie 2 Stuart 1 Fort Pierce 1 Town
of Sewalls Point 1 Stuart 1 FDOT District 4 1 Town of Sewall’s Point 1 FDOT District 4 1 Total 12 Total 7 In addition to the RTO Board composition proposals presented here, an invitation
should be extended to neighboring counties, such as Indian River County to the north and Palm Beach County to the south, to participate participate in the Transit Authority if they wish
to do so. Transit Technical Advisory Committee (TTAC) To support the administrative and technical analysis needs of the RTO, it is proposed that a technical working group be formed.
The TTAC should consist of technical staff from each of the participating jurisdictions (i.e., MPO, TPO, FDOT, city, and county staff). One option is for the TPO and MPO staff to coordinate
and manage the TTAC. The RTO technical committee will: ? Serve as staff support to the RTO. ? Prepare RTO meeting agendas. ? Conduct additional research as necessary. ? Organize presentations
to the RTO board. ? Make recommendations to the RTO Board on relevant topics. A key element of the TTAC will be legal counsel. It is through the efforts of legal counsel and the communication
of the RTO’s legal counsel to the local state legislative liaison that development of statutory language and legislation will be performed. It is recommended that at
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-4 Transit Authority Action Plan least two attorneys (one from each county) be assigned to the RTO technical
committee to support the process. The proposed TTAC composition is shown in Table 5-4. Table 5-4 Proposed TTAC Composition Organization Number of Representatives St. Lucie TPO 1 Martin
MPO 1 St. Lucie County 1 Martin County 1 Port St. Lucie 1 Stuart 1 Fort Pierce 1 FDOT District 4 1 Transit Service Operators one from each Airports one from each County/City Attorneys
2 5.2 POLICY AND LEGISLATIVE ISSUES The major role of the RTO will be resolution of policy and legislative issues associated with the implementation and function of the regional transit
governance structure. To that end, a number of important issues are included in this sub-section that will give the RTO initial direction on the content of their proceedings. Preferred
Governance Structure There are two main types of regional transit authorities, independent transit authorities and regional transit authorities. Appendix C contains information on the
distinction between the two types of transit authorities. In addition to the implementation of a regional transit authority, the RTO may want to consider other transit governance structures.
Previous studies, such as the Martin/St. Lucie Funding and Governance Study, explored various transit governance structures and their implications on service. It is important for the
RTO to consider long-term impacts of the preferred governance structure. As the area continues to expand and grow and service efficiencies are being sought, it is important to continue
to push toward coordinated regional solutions and that momentum developed from adoption of the Regional TDP and the Regional Transit Summit are maintained.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-5 Transit Authority Action Plan Board Composition A number of variations can be developed for the composition
of the regional transit authority board. It is important to note that an independent special district offers flexibility in terms of the make-up of the board of directors. The composition
and make-up of such an independent board is not prescribed by state statute and can be determined by the local agencies participating on that board. This offers the local agencies the
opportunity to use creative methods to allow for fair representation on their regional transit governance board. Table 5-5 notes the relationship between the Polk RTO Board and the Polk
RTA Board. As shown, the RTA Board may vary from the RTO Board based on decisions made by the RTO. Table 5-5 Comparison of Polk RTO and Polk RTA Boards Composition Jurisdiction/Agency
Number of Polk RTO Board Members Number of Polk RTA Board Members City of Lakeland 2 2 City City of Winter Haven 2 1 Polk County 2 3 City of Bartow 1 City of Auburndale 1 1* Haines City
1 Lake Wales 0 1* Other Municipalities 0 1 FDOT 1 1 (non-voting) Total 10 10 *Indicates rotating membership. Chief Executive Officer (CEO) The RTO will want to consider hiring a CEO
to manage the day-to-day operations of the regional transit authority. The CEO would manage the regional transit agency and report to, advise, and assist the Board with decisions related
to transit authority operations. Many existing transit authorities exercise such a policy. TBARTA, PSTA, and HART all have a Director/CEO who manages day-to-day agency operations.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-6 Transit Authority Action Plan Powers and Duties The RTO will work to outline specific powers, duties,
and functions for the regional transit authority board. If any state legislation is prepared, such powers and duties will need to be identified to give the organization the appropriate
tools to successfully meet its primary functions and goals, meeting public transportation demand in the region and providing efficient public transportation services. Examples of possible
agency powers and duties include the following: ? Planning, operation, and maintenance of transit services ? Ownership of land and transit facilities ? Levying, collecting, and enforcing
fares and fees for use of services ? Exercising exclusive jurisdiction and control over the agency’s services and facilities ? Receiving state and federal funding, including applying
for and accepting grants and loans ? Issuing bonds ? Levying and collecting special assessments ? Developing transportation plans and exercising power to coordinate with other planning
agencies Funding Levels One of the most significant tasks of the RTO will be to identify a preferred funding source for transit services in the region. Ideally, revenue estimates for
several funding sources or combinations of funding sources will be presented to the RTO Board. Revenue estimates and funding source comparisons should be tied to the needed funding levels
identified in the Regional TDP. Other considerations for a preferred funding source include stability and whether or not the agency will need to pursue a referendum. It is important
for the long-term viability of the regional transit authority to secure a funding source that will provide consistent levels of revenue. The pursuit of a referendum is necessary with
some revenue options and should be considered by the RTO in terms of the timing, amount, and whether or not any transit referendum should be packaged with another transportation tax.
Additional Information on pursuing a referendum and on two discretionary sales tax options is provided in Appendix C of this report. Transition of Existing Transit Capital and Staff
A transition plan for transferring existing transit capital such as vehicles, facilities, and other transit infrastructure may need to be developed. There are several fixed-route transit
service providers operating in the two-county area, and each uses its own vehicles and facilities. If the goal is to have the regional transit authority administer and operate transit
services, then a transition plan will be needed. If the regional transit authority will contract out services, then the
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-7 Transit Authority Action Plan transition plan may be limited to only a few capital and/or staff resources.
The transition plan should consist of an inventory of capital items to be transferred and a plan for transferring that capital to the regional transit authority. A role for existing
transit agency staff also will need to be outlined. Similar to the transfer of transit capital, staff resources for each of the existing transit agencies will need to be reconciled in
a transition, as well. The new regional transit authority will need to make use of existing administration, operations, and maintenance staff from all of the existing service providers,
as they will provide the experience needed to transition into the new service effectively. Development of State Legislation The development of state legislation will be required if the
RTO determines that an independent transit authority is the best course of action for creating a regional transit governance structure. Appendix C of this report provides information
on special districts and their creation and summarizes state enabling legislation. As indicated previously, it is important to employ the assistance of local attorneys in this effort.
In addition, each county in Florida is served by a legislative delegation, from which a bill sponsor will need to be identified. To assist in the legislative process, the local liaison
to the state legislature should be contacted as soon as a decision is made to pursue a transit authority so that all state statutory language requirements are met and the appropriate
steps are taken when seeking new state legislation. To assist the RTO in drafting appropriate language for any proposed state legislation, the Polk Transit Authority legislation is included
in Appendix D. 5.3 JOINT BOARD ACTION AND NEXT STEPS Consistent with Action 10 of the Near-Term Action Plan, a presentation of the Draft Action Plan was made to the Joint MPO/TPO Board
on February 18, 2010. After much discussion about the Action Plan tasks, the RTO concept, and the RTO Board composition, the Joint Board approved two motions: 1) Composition of the RTO
as shown in Table 5-6, including identification of an alternate from each jurisdiction. 2) The Joint MPO/TPO provided direction to staff to prepare a draft interlocal agreement for establishment
of the RTO to be presented first to the TPO and MPO for approval and then to be presented to each participating jurisdiction for approval.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 5-8 Transit Authority Action Plan Table 5-6 RTO Composition – Joint Board Action Jurisdiction/Agency Number
of Representatives Martin County 1 St. Lucie County 1 Port St. Lucie 1 Fort Pierce 1 Stuart 1 Town of Sewalls Point 1 FDOT District 4 1 Economic Development Council of St. Lucie County
1 Economic Council of Martin County 1 Total 9 As indicated in Action 1 of the Mid-Term Action Plan, it is important to establish the RTO as soon as possible. Approval of an interlocal
agreement by the participating jurisdictions should be sought within three or four months of approval of the Action Plan in order to establish the RTO and expedite the discussion of
overarching policy questions that will govern the purpose and responsibilities of the regional transit authority.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 A-1 Transit Authority Action Plan APPENDIX A REGIONAL TRANSIT SUMMIT PROGRAM
PARTICIPATING AGENCIES SPONSORS TRADITION Town Hall Friday, January 8, 2010 REGIONAL TRANSIT SUMMIT ST. LUCIE COUNTY & MARTIN COUNTY PROGRAM
St. Lucie County & Martin County Transit Summit St. Lucie County & Martin County Transit Summit SUMMIT PROGRAM 8:30 AM CHECK-IN & CONTINENTAL BREAKFAST 9:00 AM WELCOME Rob Gregg, Summit
Facilitator Center for Urban Transportation Research (CUTR), University of South Florida Michael Mortell, Chairman Martin Metropolitan Planning Organization Darrell Drummond, Chairman
St. Lucie Transportation Planning Organization 9:10 AM THE WHAT: REGIONAL TRANSIT PERSPECTIVES A National Perspective Dr. Yvette Taylor, Regional Administrator Federal Transit Administration
Region 4 A State Perspective Ed Coven, State Transit Manager State Transit Office, Florida Department of Transportation A Regional Perspective Jeff Weidner, Mobility Manager District
4, Florida Department of Transportation 9:40 AM THE WHY: TRANSIT NEEDS AND ECONOMIC DEVELOPMENT Regional Transit Plans Bill Morris, Senior Research Associate Center for Urban Transportation
Research (CUTR), University of South Florida Public Transportation and the Region’s Vision for Mobility -Panel Discussion Larry Pelton, President Economic Development Council of St.
Lucie County Tammy Simoneau, Executive Director Economic Council of Martin County Bobby Rodriguez, CEO and Founder Latin Chamber of Commerce of the Treasure Coast Dr. Edwin Massey, President
Indian River State College Stefan Matthes, President/Senior Vice President Sustainable Treasure Coast, Inc./Culpepper and Terpening, Inc. Charles Grande, Chairman St. Lucie County Board
of County Commissioners Question & Answer Forum 10:20 AM BREAK 10:30 AM THE WHO: REGIONAL TRANSIT AGENCY EXPERIENCE IN FLORIDA Regional Agency Experience in Florida -Panel Discussion
Scott Clem, Director of Strategic Planning Jacksonville Transportation Authority Joe Giulietti, Executive Director South Florida Regional Transportation Authority Bob Clifford, Executive
Director Tampa Bay Area Regional Transportation Authority Rob Gregg, Director, Transit Management & Innovation Center for Urban Transportation Research (CUTR) Question and Answer Forum
11:10 AM THE HOW: WHERE WE GO FROM HERE St. Lucie/Martin Action Plan Bill Ball, Chief Operating Officer Tindale-Oliver & Associates Public Comments, Question & Answer Forum, Summit Summary
&Wrap Up Rob Gregg, CUTR
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 B-1 Transit Authority Action Plan APPENDIX B SAMPLE RTO INTERLOCAL AGREEMENT
1 INTERLOCAL AGREEMENT FOR POLK REGIONAL TRANSPORTATION ORGANIZATION This Interlocal Agreement, entered into by and among, the Florida Department of Transportation, Lakeland Area Mass
Transit District, Polk County Board of County Commissioners, Polk Transportation Planning Organization, City of Auburndale, City of Bartow, City of Lakeland, and City of Winter Haven.
WITNESSETH WHEREAS, the parties to this agreement operate, fund or plan public transportation in Polk County; and WHEREAS, the Polk Transportation Planning Organization (TPO) completed
the Polk County Public Transportation System Analysis in June 2003; and WHEREAS, this study, otherwise known as the “Countywide Transit Study” includes a recommendation for the formation
of a regional transportation authority by the year 2008 with the creation of a countywide transit policy board in the interim to enhance cooperation between existing transit service
providers; and WHEREAS, the countywide transit policy board, as recommended, will provide a forum to to address operational, financial, planning and organizational issues related to
the provision of public transportation in Polk County; and WHEREAS, as recommended, this transit policy board will seek to promote the cost-efficient and effective delivery of existing
and improved transit services with existing resources; and WHEREAS, this transit policy board has been charged with the development of a strategy for the creation of, and transition
to, a regional transportation authority. NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants hereinafter set forth, agree as follows: Section 1. Purpose
The Florida Department of Transportation (FDOT), Lakeland Area Mass Transit District (LAMTD), Polk County Board of County Commissioners (BoCC), Polk Transportation Planning Organization
(TPO) and the cities of Auburndale, Bartow, Lakeland and Winter Haven currently operate, fund or plan public transportation in Polk County. These parties recognize the need to create
a countywide or regional forum to promote shared goals for improved public transportation. The Polk Regional Transportation Organization will serve as a countywide transit policy board
to provide such a forum. The reasons for the creation of a Polk Regional Transportation Organization include the following:
2 develop a recommended strategy for the transition to, and creation of, a Regional Transportation Authority; provide for efficiencies in the delivery of existing regional service; provide
improved services with existing resources; provide regional surface transportation information to the public; provide a regional forum for deliberation on surface transportation issues
of mutual interest; provide a regional voice for agreed upon surface transportation policies, plans and programs; review funding constraints and opportunities and provide recommendations
on funding; provide a forum to respond to commuter concerns and travel needs in a timely manner; and to promote and work toward a seamless regional surface transportation system. Section
2. Definitions (a) “Board” shall mean the board of the Polk Regional Transportation Organization. (b) “Public transportation” shall mean surface transportation of people and goods by
means, without limitation, of a street railway, elevated railway or guideway, subway, motor motor vehicle, motor bus, or any bus or other means of conveyance operating as a common carrier
within the regional transportation area, including charter service therein operated by or under contract with public surface transportation agencies. (c) “Public transportation system”
shall mean, without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, vehicle parking or other facilities, and rights-of-way,
or any combination thereof, used or useful for the purposes of public surface transportation connections. (d) “RTO” shall mean the Polk Regional Transportation Organization. (e) “Regional
transportation area” shall mean that area identical to the boundary of Polk County. (f) “Regional bus routes” include inter-city or inter-county bus routes that are operated through
a funding partnership of more than one local government or public transportation provider. Regional bus routes shall be designated as such by the RTO Board. (g) “Intermodal connections”
mean the system-wide connection of the public transportation modes, plus the connection of the public transportation system to ports, airports, and other public and private transportation
systems. Section 3. Creation of Polk Regional Transportation Organization There is hereby created and established pursuant to Section 163.01, Florida Statutes, a separate entity to be
known as the Polk Regional Transportation Organization (RTO).
3 Section 4. RTO Board (a) The Board of the RTO shall be comprised of ten (10) members to include two (2) elected officials from the BoCC; two (2) elected officials from the City of
Winter Haven; two (2) elected officials from the City of Lakeland on the LAMTD Board; one (1) elected official from the City of Auburndale; one (1) elected official from the City of
Bartow; one (1) elected official from the TPO; and one (1) representative from the FDOT. The TPO representative shall be from a jurisdiction not listed in this section. Member appointments
shall be made at an official meeting of the governmental entity or transit district. The FDOT District One Secretary shall appoint the FDOT representative. Each member entity may appoint
alternate members to serve in the absence of the regular voting member(s). Additional members may be added to the RTO through amendments to this Interlocal Agreement. At the first scheduled
meeting of each calendar year, the RTO will review its membership to determine if it adequately represents current public transportation stakeholders in Polk County. (b) A chairman and
vice chairman shall be elected from the membership at the first scheduled meeting of each calendar year and shall hold office no more than two consecutive years. Any member may nominate
or be nominated as an officer. All officers shall be elected by a majority vote at a meeting where a quorum is present. The chairman and vice chairman shall be from different local governments.
(c) A majority of the memberhip shall constitute a quorum. A quorum must be present at all meetings. (d) The RTO Board shall meet at least quarterly at a date, time and place acceptable
to a majority of the members. At the last scheduled meeting of a calendar year, the Board shall adopt a regular meeting schedule for the next calendar year. (e) Special meetings of the
RTO may be called by the chairman, or in the absence of the chairman, by the vice chairman upon at least 24 hours notice. Special meetings may also be called on the initiative of six
(6) or more voting members petitioning the chairman.
4 Section 5. Advisory Committees (a) The TPO Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) shall provide technical and policy recommendations to the RTO Board
on surface transportation issues related to the planning and implementation of public transportation. (b) The RTO may establish and maintain subcommittees, as necessary, to address specific
subject areas such as marketing and service planning. These subcommittees will report to either the TAC or RTO Board, as directed by the Board. Section 6. Powers and Duties of the RTO
The RTO shall be a planning and oversight organization with those powers specifically granted to it by the parties as set forth herein. The RTO is granted the authority to exercise all
powers necessary, appurtenant, convenient, or incidental to the carrying out of the purposes for which it was created, including, but not limited to, the rights and powers set forth
herein. The RTO: (a) Shall develop a strategy for the creation of, and transition to, a regional transportation authority to provide countywide public transportation and coordinate with
other regional public transportation providers in central Florida. This strategy will address the allocation and transition of staff, equipment, and facility resources from existing
public transportation providers to the new regional transportation authority. (b) Shall review the operational and capital expenditures for public transportation systems in Polk County
and make recommendations to the respective service providers regarding the coordinated funding of such public transportation systems. (c) Shall prioritize congressional earmark and appropriations
requests for public transportation capital and operating projects and coordinate Federal Transit Administration (FTA) formula funds request. (d) Shall develop recommendations on the
coordinated funding of regional bus routes. (e) Shall develop a Common Service Plan for seamless public transportation to include elements related to marketing, fare policy, route modifications,
service development, and a bus stop improvement program. (f) Shall create a plan for a coordinated public information system for public transportation within Polk County with an emphasis
on “one stop shopping” for public transportation information. This effort will include the publication of a countywide “Ride Guide.”
5 (g) Shall be the regional forum for addressing and resolving countywide or regional public transportation issues as requested by one or more signatory agencies to the Interlocal Agreement.
(h) Shall endorse a plan for coordinated public transportation and intermodal connections within the regional transportation area (Consolidated Transit Development Plan. The RTO may
be given additional powers by amendment to this agreement as approved by the parties to this agreement. Section 7. Staff Support The TPO staff shall provide administrative support to
the RTO to include the preparation and distribution of meeting packets and announcements and the documentation of RTO activities. The TPO staff will coordinate with the Director of the
Lakeland Area Mass Transit District and Director of Polk County Transit Services Division in the preparation and presentation of meeting agenda items for consideration by the RTO Board.
The TPO staff shall provide public transportation service planning in the development of the Consolidated Transit Development Plan. Section 8. Duration of Agreement and Withdrawal Procedure
This Agreement shall remain in effect until terminated by the parties to this Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent
to withdraw to the other parties, at least 90 days prior to the intended date of withdrawal. Section 9. Amendment of Agreement Amendments to or modifications of this Agreement may only
be made by written agreement signed by all parties hereto and shall not be effective until it is filed with the Clerk of the Circuit Court of each county where a party hereto is located
pursuant to Section 163.01(11). Section 10. Effective Date This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of
each county where a party to this Agreement is located. IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf and hereby
establish the above referenced RTO this _________________ day of _________.
6 BOARD OF COUNTY COMMISSIONERS LAKELAND AREA MASS OF POLK COUNTY, FLORIDA TRANSIT DISTRICT BY:________________________ BY:________________________ CHAIRMAN CHAIRMAN ATTEST:___________________
ATTEST:___________________ CLERK DIRECTOR CITY OF AUBURNDALE CITYOF BARTOW BY:________________________ BY:________________________ MAYOR MAYOR ATTEST:___________________ ATTEST:___________________
CITY CLERK CITY CLERK CITY OF WINTER HAVEN CITY OF LAKELAND BY:________________________ BY:________________________ MAYOR MAYOR ATTEST:___________________ ATTEST:___________________
CITY CLERK CITY CLERK POLK TRANSPORTATION PLANNING FLORIDA DEPARTMENT ORGANIZATION OF TRANSPORTATION BY:________________________ BY:________________________ CHAIRMAN DISTRICT SECRETARY
ATTEST:___________________ ATTEST:___________________ TPO COORDINATOR EXECUTIVE SECRETARY
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-1 Transit Authority Action Plan APPENDIX C REGIONAL TRANSIT GOVERNANCE & FUNDING INFORMATION
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-1 Transit Authority Action Plan APPENDIX C REGIONAL TRANSIT GOVERNANCE & FUNDING INFORMATION Regional transit
governance can take several different forms. Consequently, it is important to understand the general distinctions between varying transit authority structures and available funding options.
The decision as to which governance structure and what funding options are appropriate for the study region will need to be made cooperatively by local leadership and the public. The
following section summarizes existing state enabling legislation, describes two transit authority options, and defines three types of funding options. SPECIAL DISTRICTS A governance
structure created to oversee transit operations in a specific area is, in essence, a special district. Special districts are units of special-purpose government with limited boundaries.
The state enabling legislation that governs the creation of special districts in Florida can can be found in Chapter 189, Florida Statutes. That legislation identifies two major types
of special districts, dependent and independent. A dependent special district has at least one of the following characteristics: ? Governing body members are identical to the governing
body of a single county or a single municipality. ? Governing body members are appointed by the governing body of a single county or a single municipality. ? During unexpired terms,
governing body members are subject to removal at will by the governing body of a single county or a single municipality. ? Budget requires approval through an affirmative vote by the
governing body of a single county or a single municipality. ? Budget can be vetoed by the governing body of a single county or a single municipality. Independent special districts do
not have any dependent characteristics (Florida Special District Handbook, 2009). Generally, only the state legislature can create independent special districts. There is an exception
to this rule as it relates to regional transportation authorities. Chapter 163, Florida Statutes, indicates that any combination of two or more counties or municipalities may create
a regional transportation authority. For all general purposes, any special district created to operate and administer public transportation services in St. Lucie and Martin counties
would be treated as an independent special district. In addition to Chapters 189 and 163, Florida Statutes, independent special districts also can be created with a special act, such
as the legislation used to create the Jacksonville Transportation Authority. Figure C-1
illustrates the relationship between special district types and their enabling legislation. Table C-1 presents a sample of existing transit authorities in Florida with the corresponding
enabling legislation used to create each.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-2 Transit Authority Action Plan Figure C-1 Special Districts and Enabling Legislation Table C-1 Existing
Transit Legislation Authority Name Legislation Name Legislation Number Hillsborough Transit Authority (HART) Regional Transportation Authorities F.S. 163, Part V Polk Transit Authority
(PTA) Independent Special District F.S. 189 South Florida Regional Transportation Authority (SFRTA) F.S. 343, Part I Central Florida Regional Transportation Authority (LYNX) F.S. 343,
Part II Tampa Bay Area Regional Transportation Authority (TBARTA) F.S. 343, Part IV Jacksonville Transportation Authority (JTA) Regional Transportation and Transit Authorities F.S. 349
The extent of general transportation planning authority for the authorities in Table C-1 is implied by the title of each. Where some agencies, such as HART and the PTA, have been charged
only with the administration and delivery of public transportation, other authorities, such as JTA, conduct transportation planning and programming for roadway, bicycle/pedestrian, and
public transportation improvements. REGIONAL TRANSIT GOVERNANCE OPTIONS Two types of transit authorities are examined in this section. For each type of transit authority, a definition
is provided and advantages and disadvantages are noted. Special Legislation F.S. Chapter 189 F.S. Chapter 189 & 163 Independent Special District Dependent Special District
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-3 Transit Authority Action Plan Independent Transit Authority In Florida, an independent transit authority
can be created with a special act or as a special district without separate legislation. A separate act designates powers and duties for each authority in corresponding chapters. The
authority operates as its own public entity, typically having taxing authority. The authority also establishes its own governing Board of Directors. Depending on the legislation establishing
them, independent authorities can perform a number of functions related to the management and operation of public transportation systems, including planning, developing, and maintaining
services and facilities. In addition, independent authorities also can be authorized to borrow money, issue bonds, and enter into joint development agreements. The following independent
transit authorities have been created under special acts of the Florida Statutes: ? Jacksonville Transportation Authority (F.S. Chapter 349) ? South Florida Regional Transportation Authority
(F.S. Chapter 343, Part I) ? Central Florida Regional Transportation Authority (F.S. Chapter 343, Part II) ? Tampa Bay Area Regional Transportation Authority (F.S. Chapter 343, Part
IV) Regional Transportation Authority Regional transportation authorities in Florida can be created pursuant to Chapter 163 of the Florida Statutes. A Regional Transportation Authority
(RTA) is a charter of two or more contiguous counties, municipalities, other political subdivisions, or combinations thereof. As mandated, each participating jurisdiction can appoint
at least one representative (elected) for the first 100,000 population, then another for the next 50,000, and one additional representative for each additional 100,000 population to
the charter committee. All member jurisdictions must be represented by at least one elected official, regardless of population. In addition, two officials are appointed to the board
by the Governor. The charter committee must have a minimum of five elected representatives. Under these guidelines, jurisdictions may have any number of elected officials. Regional transportation
authorities in Florida have powers similar to those of an independent transit authority in regard to the management and operation of public transportation systems. Regional transportation
authorities are created as special districts and, consequently, have the taxing authority to levy ad valorem taxes that are based on the full valuation of real property. This tax can
be levied only after its approval by a majority of the electors of each county, municipality, or other political subdivision that are part of the special district. In terms of geographic
expansion for a regional authority, any neighboring county, municipality, or other political subdivision may join the authority upon a resolution adopted by that governing body contiguous
to the authority.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-4 Transit Authority Action Plan The Hillsborough Transit Authority (HART) is a Regional Transportation
Authority created under F.S. Chapter 163. Advantages and Disadvantages Tables C-2 and C-3 include a comprehensive list of advantages and disadvantages for the two types of transportation
authorities described in the preceding section. The two authority types offer many of the same advantages and disadvantages, with the major distinction being that an independent authority
offers flexibility in terms of the Board composition and funding source. Table C-2 Advantages & Disadvantages of an Independent Transit Authority Transit Governing Structure Advantages
Disadvantages A separate entity focused solely on transportation May require special legislation Special region taxation authority with authorization to levy ad valorem tax Requires
referendum approval to impose taxes Supports regional transportation goals Municipalities may choose not to participate in authority Authority and responsibility to plan, decide, fund,
and implement transit services and projects Adds another public entity to the intergovernmental relationships in the area Statutory authority to issue bonds More accountability to general
public as the sole source administering public transportation Independent nature provides room for change with innovation Can be subject to public resistance if too many taxes or fees
are imposed In-depth understanding of local transportation priorities May focus on transportation modes other than transit More flexibility in using funds A separate entity created to
provide more efficient transportation than a department of an entity (county/city) that has the prime concern of growth and development Manage transit services across multiple jurisdictions
Authority to alter charges, establish rates, fares, and other charges that are equitable and reasonable Independent Transit Authority Encourages multi-jurisdictional support with adjacent
cou
nties Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-5 Transit Authority Action Plan Table C-3 Advantages & Disadvantages of a Regional Transit Authority
Transit Governing Structure Advantages Disadvantages Multi-jurisdiction nature assures additional funding access and stability May focus on transportation modes other than transit Formula
representation and voting of the members based on population Limited flexibility as process defined in a special act in the Florida Statutes Statutory authority to issue bonds Municipalities
may choose not to participate in authority Indpendent nature provides room for change with separate government focused solely on transportation Adds another public entity to the intergovernmental
relationships in the area Has more flexibility in using funds A separate entity created to provide more efficient transportation than a department of an entity (county/city) that has
the prime concern of growth and development Manage transit services across multiple jurisdictions Authority to levy taxes and alter charges, and establish rates, fares, and other charges
that are equitable and reasonable Supports regional transportation goals Regional Transit Authority Encourages multi-jurisdictional support with adjacent counties FUNDING MECHANISMS
There are three major sources of funding for transit agencies across the state: ? Ad Valorem Tax ? Fuel Tax ? Local Option Sales Tax Ad Valorem Tax An ad valorem tax is a tax paid by
the owner of real estate or other property on the value of the property being taxed. There are three classifications of property: Land, Improvements to Land (immovable manmade things),
and Personal (movable manmade things). Real estate, real property, or realty are terms for the combination of land and improvements. The taxing authority requires and/or performs an
appraisal of the monetary value of the property, and a tax is
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-6 Transit Authority Action Plan assessed in proportion to that value. This is one of the most common forms
of taxation. Examples of transit authorities assessing an ad valorem tax include PSTA and HART. Fuel Tax Taxes imposed on motor and diesel fuel vary among counties in Florida. There
are three separate fuel taxes that counties have the option to levy. These taxes total up to 12 cents on every net gallon of motor and diesel fuel sold within a county. 1-6 Cents Local
Option Fuel Tax Originally called the Local Option Gas Tax until 1996, the 1-6 Cents Local Option Fuel Tax, or First Local Option, is a tax of 1 to 6 cents on every net gallon of motor
and diesel fuel sold within a county. The tax is adopted through a majority vote of the county’s governing body or voter approval in a countywide referendum. This tax is automatically
imposed on diesel fuel in all counties. The County distributes proceeds to municipalities according to an interlocal agreement. Counties and Cities are authorized to use the proceeds
to fund numerous projects, including public transportation capital and/or operating costs. 1-5 Cents Local Option Fuel Tax The 1-5 Cents Local Option Fuel Tax, or Second Local Option,
is in addition to the previous 1-6 Cents Local Option, in which the state legislature authorized an additional tax of 1 to 5 cents on every net gallon of motor fuel sold within a county.
Diesel fuel is not subject to this tax. The tax is adopted through a majority vote of the county’s governing body or voter approval in a countywide referendum. The County distributes
proceeds to municipalities according to an interlocal agreement. Counties and Cities are authorized to use the proceeds for transportation expenditures needed to meet the requirements
of the capital improvements element or an adopted comprehensive plan or for expenditures needed to meet the immediate local transportation problems and for other transportation-related
expenditures critical for building comprehensive roadway networks by local governments. Only capital improvements on public transportation are eligible for funding using the 1-5 Cents
Local Option Fuel Tax. Ninth-Cent Fuel Tax The Ninth-Cent Fuel Tax is a tax of 1 cent on every net gallon of motor and diesel fuel sold within a county. The tax was first authorized
in 1972 by Section 336.021, FS. Diesel fuel was not added to the tax until 1990. The most recent change to the tax came in 1993, when the state legislature removed a previous referendum
requirement and stated that any County can impose the tax by extraordinary vote of its Board of Commissioners. The County may distribute tax proceeds to incorporated municipalities,
but it is not required to do so. Among other
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-7 Transit Authority Action Plan authorized uses, the proceeds can go towards public transportation operations
and maintenance. Local Option Sales Tax There are two major local option sales taxes available to some or all counties across the state to fund public transportation. They include the
Charter County Transit System Surtax and the Local Government Infrastructure Surtax. The Transit Surtax can be used for both capital and operations; the Infrastructure Surtax can be
used for capital only. Charter County Transit System Surtax Section 212.055(1), Florida Statutes The Charter County Transportation System Surtax may be levied at a rate of up to 1 percent
by Florida’s charter counties as well as by those county governments that have consolidated with one or more municipalities. In the case of charter counties, the levy is subject to a
charter amendment approved by a majority vote of the county’s electorate. In the case of a consolidated government, the levy is subject to voter approval in a countywide referendum.
Generally, the use of funds is for the development, construction, operation, and maintenance of fixed guideway rapid transit systems, bus systems, and roads and bridges. The legislation
allows the surtax proceeds to be remitted to transit authorities. Figure C-2 illustrates counties in Florida that are currently eligible to levy the surtax and how much each of the surtax
is being levied by each. As shown in the Figure, St. Lucie and Martin counties are not eligible to assess this tax, but proposed legislation is anticipated to give this ability to counties
within a Regional Transit or Transportation Athority Local Government Infrastructure Surtax Section 212.055(2), Florida Statutes All counties in Florida are eligible to levy this surtax.
The legislation indicates that the tax is to be levied at the rate of 0.5 or 1 percent pursuant to an ordinance enacted by a majority vote of the county’s governing body and approved
by voters in a countywide referendum. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; to acquire land for public recreation, conservation, or
protection of natural resources; or to finance the closure of local government-owned solid waste landfills that have been closed or are required to be closed by order of the Florida
Department of Environmental Protection. Additional spending authority exists for select counties. Figure C-3 illustrates those counties that are currently collecting the surtax and at
what rate, 0.5 percent or 1 percent. Martin County has implemented this surtax at 0.5%.
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 C-8 Transit Authority Action Plan = Eligible to Levy (up to 1%) = Levied at 0.5% = Levied at 1.0%Figure C-2
Charter County Transit System Surtax by Florida County Figure C-3 Local Government Infrastructure Surtax by Florida County = Not Eligible to Levy = Eligible to Levy (up to 1%) = Levied
at 0.5%
Tindale-Oliver & Associates, Inc. Port St. Lucie Urbanized Area January 2010 D-1 Transit Authority Action Plan APPENDIX D SAMPLE TRANSIT AUTHORITY LEGISLATION
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I V E S 1 A bill to be entitled 2 An act relating to Polk County; providing definitions; 3 providing for creation of the Polk Transit Authority; 4 providing purpose; providing for charter
amendments; 5 providing boundaries; providing for a board of directors; 6 providing membership, powers, functions, and duties of the 7 board; providing powers, functions, and duties
of the 8 authority; providing authority to levy ad valorem taxes 9 and non-ad valorem assessments; providing for the 10 authority's fiscal year; providing for the deposit of 11 authority
funds; authorizing the authority to borrow 12 money; providing for bonds; providing for use of authority 13 funds; authorizing the board to adopt policies and 14 regulations; providing
for powers, duties, rights, 15 obligations, immunities, and addition of lands to the 16 Lakeland Area Mass Transit District; providing for liberal 17 construction; providing severability;
requiring a 18 referendum; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Definitions.--As used in this act, unless 23
otherwise specified: 24 (1) "Authority" means the Polk Transit Authority. 25 (2) "Board" and "board of directors" mean the Polk County 26 Transit Authority Board of Directors. 27 (3)
"County" means Polk County. 28 (4) "Director" means a member of the board of directors of
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I V E S 29 and for the authority. 30 (5) "Lakeland Area Mass Transit District" and "LAMTD" mean 31 the special district created by Polk County Ordinance 80-13 32 pursuant to section
125.01(5), Florida Statutes. 33 (6) "Mass transit" means a system used for the 34 transportation of people and goods by means of a street railway, 35 an elevated railway, a commuter
railroad, a subway, motor 36 vehicles, motor buses, and other transportation facilities 37 whether now or hereafter invented, and including a complete 38 system of tracks, stations,
rolling stock, and other facilities 39 necessary to effectuate passenger and goods conveyance. 40 (7) "Polk Regional Transportation Organization" means the 41 entity created in 2004
by the interlocal agreement pursuant to 42 section 163.01, Florida Statutes, to serve as a countywide 43 transit transit policy board. 44 Section 2. Authority; creation; boundaries;
charter 45 amendments.--46 (1) There is hereby created an independent special 47 district for purposes of providing mass transit services to the 48 citizens of Polk County, incorporating
lands in Polk County 49 described in subsection (2), which shall be a public corporation 50 having the powers, duties, rights, obligations, and immunities 51 herein set forth, under
the name of the Polk Transit Authority. 52 The authority is organized and exists for the purposes and shall 53 hold all powers set forth in this act and chapter 189, Florida 54 Statutes.
55 (2) The lands to be included within the authority are all 56 lands in Polk County, whether incorporated or unincorporated.
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I V E S 57 (3) The authority's charter may be amended only by special 58 act of the Legislature. 59 Section 3. Purpose.--60 (1) The purpose of the authority shall be to plan, 61 finance,
acquire, construct, operate, and maintain mass transit 62 facilities and systems, together with such supplementary 63 transportation assistance as may be necessary or advisable to 64
service the mass transit needs within the territorial boundaries 65 of the authority and of such areas with which the authority may 66 contract for service, subject to the provisions
in section 11. 67 (2) The purpose of the authority shall also be to provide 68 for the consolidation of transit services in Polk County and to 69 provide for the transition to a countywide
transit system, 70 subject to the provisions in section 11. 71 Section 4. Governing board; quorum; quorum; creation; employment 72 of personnel; compensation; organization; commissioners'
bond.--73 (1) The business and affairs of the authority shall be 74 conducted and administered by a board of nine voting directors 75 and one nonvoting director, and the presence of
five members 76 shall constitute a quorum for official business. The board 77 memberships shall consist of the following: 78 (a) Six members of the board of directors shall be 79 appointed
as follows: the Polk County Commission shall appoint 80 three of its commissioners as members of the board; the Lakeland 81 City Commission shall appoint two of its commissioners as
82 members of the board; and the Winter Haven City Commission shall 83 appoint one of its commissioners as a member of the board. Of 84 the initial directors appointed by the Polk County
Commission,
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I V E S 85 one shall serve for a 1-year term, one shall serve for a 2-year 86 term, and one shall serve for a 3-year term. Of the initial 87 directors appointed by the Lakeland City
Commission, one shall 88 serve for a 1-year term, and one shall serve for a 2-year term. 89 All other directors shall be initially appointed by their 90 respective city commissions for
2-year terms. At the end of any 91 initial term and any subsequent term, the successor shall serve 92 for a 2-year term. 93 (b) The Bartow City Commission and the Auburndale City 94
Commission shall, on a rotating basis for 2-year terms, appoint 95 one of its commissioners as a member of the board. The city 96 commission of the city that has the greater population
as of the 97 effective date of this act shall appoint the member for the 98 initial 2-year term. 99 (c) The Haines City Commission and the Lake Wales City 100 Commission shall, on a
rotating basis for 2-year terms, appoint 101 one of its commissioners as a member of the board. The city 102 commission of the city that has the greater population as of the 103 effective
date of this act shall appoint the member for the 104 initial 2-year term. 105 (d) One member of the board of directors shall be 106 appointed on a rotating basis for 2-year terms by
the governing 107 body of one of the following cities in Polk County: Fort Meade, 108 Lake Alfred, Mulberry, Frostproof, Dundee, Eagle Lake, 109 Davenport, Polk City, and Lake Hamilton.
The order of rotation 110 shall be determined by population size in descending order, 111 based on the University of Florida Bureau of Economic and 112 Business Research population estimates
at the time this act
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I V E S 113 becomes law. 114 (e) The Secretary of the Department of Transportation 115 shall appoint the district one secretary, or his or her 116 designee, as a nonvoting member of
the board. 117 (f) In order to facilitate the consolidation of transit 118 services in Polk County, the initial appointments to the board 119 of the authority shall be as follows: two
of the Polk County 120 Commissioners appointed shall be the same county commissioners 121 who serve on the governing body of the Lakeland Area Mass 122 Transit District, an existing
independent special district in 123 Polk County (LAMTD), the two Lakeland City Commissioners 124 appointed to the board of the authority shall be the same as two 125 of the Lakeland
City Commissioners who serve on the governing 126 body of the LAMTD, and the Winter Haven City Commissioner 127 appointed to the board of the authority shall be one of the 128 Winter
Haven City Commissioners who serve on the Winter Haven 129 Area Transit Policy Board. 130 (g) In order to facilitate the transition to a countywide 131 transit system, the Polk Regional
Transportation Organization 132 shall oversee the formation of the authority's board of 133 directors in accordance with this act. 134 (h) In order to facilitate the consolidation of
the 135 transit services in Polk County, and the transition to a 136 countywide transit system, the board of the authority shall rely 137 on the staff and the Executive Director of the
Lakeland Area 138 Mass Transit District and the staff and the Transit Director of 139 the Polk County Transit Services to provide support, policy 140 recommendations, and strategic planning
to obtain dedicated
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I V E S 141 funding for the authority. 142 (2) The board may employ an executive director and 143 authorize such other personnel as it deems necessary for the 144 proper function and
operation of the authority. The salaries of 145 authority personnel, and any other wages, shall be determined by 146 the board. 147 (3) Each appointed member of the board shall assume
office 148 10 days following the member's appointment. Annually, within 60 149 days after the appointment of new members of said board, the 150 members shall organize by electing from
their number a chair, a 151 vice chair, a secretary, and a treasurer. However, the same 152 member may be both secretary and treasurer. 153 (4) The directors shall receive payment for
actual 154 expenses incurred while performing the duties of their office in 155 accordance with general law governing per diem for public 156 officials. The authority is empowered to
adopt a resolution to 157 exceed the state rates for per diem expenses. Directors may not 158 receive compensation for their services. 159 (5) Each director, upon taking office and in
accordance 160 with chapter 189, Florida Statutes, shall execute to the 161 Governor for the benefit of the authority a bond conditioned 162 upon the faithful performance of the duties
of the director's 163 office. The premium for such bonds shall be paid from the funds 164 of the authority. 165 Section 5. Powers; functions; and duties.--166 (1) The authority shall
have all powers to carry out the 167 purposes of this act and the functions and duties provided for 168 herein, including the following powers, which shall be in
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I V E S 169 addition to and supplement any other privileges, benefits, and 170 powers granted by this act or general law: 171 (a) To study, plan, design, establish, acquire, construct,
172 own, lease, operate, manage, maintain, dispose of, improve, and 173 expand the mass transit facilities and services within the 174 boundaries of the authority. 175 (b) To execute
all contracts and other documents, adopt 176 all proceedings, and perform all acts determined by the board as 177 necessary or advisable to carry out the purposes of this act. 178 The
chair, vice chair, or executive director shall execute 179 contracts and other documentation on behalf of the authority. 180 (c) To fix, alter, levy, collect, and enforce rates, 181
fares, fees, charges, penalties, and fines from persons or 182 property, or both, for the provision and use of services, 183 facilities, and products of the authority or to pay the 184
operating or financing costs of the authority's facilities and 185 services that are available to potential users. 186 (d) To contract for the service of engineers, accountants, 187
attorneys, and other experts or consultants and such other 188 agents as the board may require or deem appropriate from time to 189 time. 190 (e) To acquire such lands and rights and
interests 191 therein; to acquire such personal property as the authority may 192 deem necessary and appropriate in connection with the 193 acquisition, ownership, expansion, improvement,
operation, and 194 maintenance of the authority's facilities; and to hold and 195 dispose of all real and personal property under its control. 196 (f) To lease or rent any of its easements,
real property
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I V E S 197 interests, or facilities to other mass transit providers that 198 are owned by a municipality, county, or special district, or 199 that hold a franchise from a municipality
or county, when such 200 lease or rental is for joint use by the authority and the other 201 provider. 202 (g) To exercise exclusive jurisdiction, control, and 203 supervision over the
authority's services and facilities and to 204 make and enforce such rules and regulations for the maintenance, 205 management, and operation of the authority and its facilities 206
and services as may be, in the judgment of the board, necessary 207 or desirable for the efficient operation of the authority in 208 accomplishing the purposes of this act. 209 (h) To
enter into interlocal agreements or join with any 210 other general or special purpose local governments, public 211 agencies, or authorities in the exercise of common powers. 212 (i)
To accomplish construction directly or by letting 213 contracts to other entities, whether public or private, for all 214 or any part of the construction of improvements to the 215 authority's
facilities as determined by the board in accordance 216 with applicable law. 217 (j) To receive and accept from
any federal or state agency 218 grants or loans for or in the aid of the planning, construction, 219 reconstruction, operation, promotion, or financing of the 220 authority's facilities
or services and to receive and accept 221 aid, contributions, or loans from any other source of money, 222 labor, or other things of value, to be held, used, and applied 223 only for
the purpose for which the grants, contributions, or 224 loans may be made.
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I V E S 225 (k) To purchase or to assume ownership, lease, operation, 226 management, or control of any publicly or privately owned mass 227 transit facilities, including the assumption,
defeasance, or 228 payment of the financial liabilities associated with such 229 facilities. 230 (l) To divide the authority facilities into separate 231 units, benefit areas, or subsystems
for the purpose of imposing 232 special assessments; setting rates, fees, or charges; for 233 accounting or financing improvements or additions; or for any 234 other purpose. 235 (m)
To appoint advisory boards and committees to assist 236 the board in the exercise and performance of the powers and 237 duties provided in this act. 238 (n) To sue and be sued in the
name of the authority and to 239 participate as a party in any civil, administrative, or other 240 action. 241 (o) To adopt and use a seal and authorize the use of a 242 facsimile thereof.
243 (p) To employ or contract with any public entity or person 244 to manage and operate the authority and its facilities, or any 245 portion thereof, upon such terms as the board deems
appropriate. 246 (q) Subject to such provisions and restrictions as may be 247 set forth in any financing documents, to sell or otherwise 248 dispose of the authority's facilities, or
any portion thereof, 249 upon such terms as the board deems appropriate, and to enter 250 into acquisition or other agreements to effect such 251 dispositions. 252 (r) To acquire by
purchase, gift, devise, or otherwise,
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I V E S 253 and to dispose of, real or personal property or any estate 254 therein. 255 (s) To provide such deferred compensation, retirement 256 benefits, or other benefits and programs
as the board deems 257 appropriate. 258 (t) To maintain an office or offices at such place or 259 places as the board may designate from time to time. 260 (u) To hold, control, and acquire
by donation or purchase, 261 or to dispose of any public easements, dedications to public 262 use, platted reservations for public purposes, or any 263 reservations for those purposes
authorized by this act and to 264 make use of such easements, dedications, and reservations for 265 the purposes authorized in this act. 266 (v) To lease, as lessor or lessee, to or
from any person, 267 firm, corporation, association, or body, public or private, 268 facilities or property of any nature to carry out the purposes 269 authorized in this act. 270 (w)
To borrow money and issue bonds, certificates, 271 warrants, notes, obligations, or other evidence of indebtedness. 272 (x) To assess, levy, impose, collect, and enforce special 273
assessments upon all or any portion of the lands located within 274 the authority. Such special assessments may be apportioned among 275 benefited property in a manner proportionate
with the benefits 276 received or commensurate with the burdens alleviated by the use 277 of the property based upon such factors or combination or 278 factors as determined by resolution
of the board. Such special 279 assessments may, in the discretion of the board, be imposed, 280 collected, and enforced using any methods and procedures
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I V E S 281 authorized by law, including section 197.3632, Florida Statutes; 282 or the board may adopt by resolution its own method or 283 procedures or use any other method or means
for levy, 284 imposition, collection, and enforcement not inconsistent with 285 law. 286 (y) To apply for and accept grants, loans, and subsidies 287 from any governmental entity for
the acquisition, construction, 288 operation, and maintenance of the authority's facilities and 289 services and to comply with all requirements and conditions 290 imposed in connection
therewith. 291 (z) To invest its moneys in such investments as directed 292 by the board in accordance with state law. Such investments 293 shall be consistent in all instances with
the applicable 294 provisions of the financing documents. 295 (aa) To purchase such insurance as the authority deems 296 appropriate. 297 (bb) To develop transportation plans and to
coordinate the 298 authority's planning and programs with those of appropriate 299 municipal, county, state, special district, and federal agencies 300 and other political subdivisions
of the state. 301 (cc) To prescribe and promulgate necessary rules and 302 regulations consistent with the provisions of this act. 303 (dd) To market and promote the authority and its
304 facilities and services. 305 (ee) To adopt a budget in accordance with applicable law 306 and to appropriate and expend revenue in accordance with that 307 budget. 308 (ff) To do
all acts and to exercise all powers necessary,
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I V E S 309 convenient, incidental, implied, or proper, both within and 310 outside the boundaries of the authority, in connection with any 311 of the powers, duties, obligations, or
purposes authorized by 312 this act, general law, or any interlocal agreement entered into 313 by the authority. 314 (2) In exercising the powers conferred by this act, the 315 board
shall act by resolution or motion made and adopted at a 316 duly noticed and publicly held meetings in conformance with 317 applicable law. 318 (3) The provisions of chapter 120, Florida
Statutes, shall 319 not apply to the authority. 320 (4) Nothing herein is intended to or shall be construed to 321 limit the power of local self-government of a charter county or 322
conflict with the Constitution of the State of Florida or the 323 Polk County Home Rule Charter, which became effective on January 324 1, 1999. 325 (5) The authority's planning requirements
shall be as set 326 forth in this act and chapter 189, Florida Statutes. 327 (6) Requirements for financial disclosure, meeting 328 notices, reporting, public records maintenance, and
per diem 329 expenses for directors, officers, and employees shall be as set 330 forth in this act and chapters 112, 119, 189, and 286, Florida 331 Statutes. 332 Section 6. Ad valorem
taxing authority; non-ad valorem 333 assessments.--334 (1)(a) In order to provide funding for the purposes of the 335 authority, the authority shall have the right, power, and 336 authority
to levy and assess an ad valorem tax on all taxable
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I V E S 337 real property and tangible personal property within the 338 boundaries of the authority, subject to approval by referendum 339 of the qualified electors in the authority.
The total amount of 340 ad valorem taxes levied in any single year shall not exceed 3 341 mills. 342 (b) The authority shall levy and collect ad valorem taxes 343 in accordance with
chapter 200, Florida Statutes. 344 (2) The authority is authorized to levy and enforce the 345 collection of non-ad valorem assessments in accordance with 346 chapters 189 and 197, Florida
Statutes. 347 Section 7. Fiscal year.--The authority's fiscal year shall 348 begin on October 1 and end on September 30. 349 Section 8. Authority funds.--All funds of the authority 350
shall be deposited in qualified public depositories in 351 accordance with chapter 280, Florida Statutes. 352 Section 9. Authority to borrow money; procedures and 353 requirements for
the issuance of bonds.--354 (1) The board shall have the power and authority to borrow 355 money or issue other evidences of indebtedness for the purposes 356 of the authority in accordance
with chapter 189, Florida 357 Statutes. The board shall by resolution authorize the issuance 358 of general obligation bonds payable from any lawful sources for 359 construction of capital
improvements or expansion purposes of 360 the transit services that the authority exists to provide, 361 subject to a referendum of the qualified electors of the 362 authority in accordance
with the requirements of general law. 363 (2) The authority is prohibited from lending its credit to 364 corporations, associations, partnerships, or persons.
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I V E S 365 (3) The authority may finance or refinance the 366 acquisition, construction, expansion, and improvement of such 367 facilities relating to a governmental function or purpose
368 through the issuance of its bonds, notes, or other obligations 369 under this section or as otherwise authorized by law. The 370 authority has all the powers that are necessary to
finance, own, 371 operate, or manage the public facility, including, without 372 limitation, the power to establish rates, charges, and fees for 373 products or services provided by
it, the power to levy special 374 assessments, the power to sell or finance all or a portion of 375 such facility, and the power to contract with a public or 376 private entity to manage
and operate such facilities or to 377 provide or receive facilities, services, or products. 378 (4) 4) The authority may also issue bond anticipation notes 379 in connection with the
authorization, issuance, and sale of 380 bonds. The bonds may be issued as serial bonds or as term bonds 381 or both. The authority may issue capital appreciation bonds or 382 variable
rate bonds. Any bonds, notes, or other obligations must 383 be authorized by resolution of the authority and bear the date; 384 mature at the time, not exceeding 40 years from their
respective 385 dates; bear interest at the rate; be payable at the time; be in 386 the denomination; be in the form; carry the registration 387 privileges; be executed in the manner;
be payable from the 388 sources and in the medium or payment and at the place; and be 389 subject to the terms of redemption, including redemption prior 390 to maturity, as the resolution
may provide. If any officer whose 391 signature, or a facsimile of whose signature, appears on any 392 bonds, notes, or other obligations ceases to be an officer
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I V E S 393 before the delivery of the bonds, notes, or other obligations, 394 the signature or facsimile is valid and sufficient for all 395 purposes as if he or she had remained in
office until the 396 delivery. The bonds, notes, or other obligations may be sold at 397 public or private sale for such price as the authority shall 398 determine in accordance with
chapter 189, Florida Statutes. 399 Pending preparation of the definitive bonds, the authority may 400 issue interim certificates, which shall be exchanged for the 401 definitive bonds.
The bonds may be secured by a form of credit 402 enhancement, if any, as the authority deems appropriate. The 403 bonds may be secured by an indenture of trust or trust 404 agreement.
In addition, the authority may delegate to an 405 officer, official, or agent of the authority as the governing 406 body of the authority may select, the power to determine the 407 time;
manner of sale, public or private; maturities; rate of 408 interest, which may be fixed or may vary at the time and in 409 accordance with a specified formula or method of determination;
410 and other terms and conditions as may be deemed appropriate by 411 the officer, official, or agent so designated by the governing 412 body of the authority. However, the amount and
maturity of the 413 bonds, notes, or other obligations and the interest rate of the 414 bonds, notes, or other obligations must be within the limits 415 prescribed by the governing body
of the authority and its 416 resolution delegating to an officer, official, or agent the 417 power to authorize the issuance and sale of the bonds, notes, or 418 other obligations. 419
(5) Bonds, notes, or other obligations issued under this 420 section may be validated as provided in chapter 75, Florida
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I V E S 421 Statutes. 422 (6) The accomplishment of the authorized purposes of the 423 authority is in all respects for the benefit of the people of 424 the state, for the increase of
their commerce and prosperity, 425 and for the improvement of their health and living conditions. 426 Since the authority will perform essential governmental 427 functions in accomplishing
its purposes, the authority is not 428 required to pay any taxes or assessments of any kind whatsoever 429 upon any property acquired or used by it for such purposes or 430 upon any
revenues at any time received by it. The bonds, notes, 431 and other obligations of the authority, their transfer, and the 432 income therefrom, including any profits made on the sale
433 thereof, are at all times free from taxation of any kind by the 434 state or by any political subdivision or other agency or 435 instrumentality thereof. The exemption granted in
this paragraph 436 is not applicable to any tax imposed by chapter 220, Florida 437 Statutes, on interest, income, or profits on debt obligations 438 owned by corporations. 439 Section
10. Board action; compliance with open government 440 laws and public records laws; authority to adopt policies and 441 regulations.--442 (1) A record shall be kept of all meetings of
the board 443 and in such meetings a majority vote of the directors, providing 444 that a quorum is present, shall be necessary for any affirmative 445 action by the board. 446 (2) The
board shall comply with chapter 286, Florida 447 Statutes, to preserve the right of the people to attend public 448 meetings.
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I V E S 449 (3) The board shall comply with the public records laws 450 set forth in chapter 119, Florida Statutes, to preserve the 451 right of the people to access public records.
452 (4) The board may adopt policies and regulations not 453 inconsistent with any portion of this act or chapter 189, 454 Florida Statutes, as it may deem necessary for the transaction
455 of its business and in implementing and carrying out the 456 provisions of this act. The board shall have authority to 457 provide all things necessary for the operation of transit
458 services in the authority. 459 Section 11. Lakeland Area Mass Transit District; powers, 460 duties, rights, obligations, and immunities; addition of 461 lands.--462 (1) Notwithstanding
any provision in this act to the 463 contrary, neither this act nor the creation of the authority authority 464 shall have any effect on the powers, duties, rights, 465 obligations,
and immunities of the Lakeland Area Mass Transit 466 District, which is an independent special taxing district in 467 Polk County. This act is intended to comply with the provisions
468 of Art. VIII, Section 4, of the Florida Constitution regarding 469 transfer of powers after referendum approval or as otherwise 470 provided by law. 471 (2) Notwithstanding any provision
in this act to the 472 contrary, neither this act nor the creation of the authority 473 have any effect on the right, power, and authority of the 474 Lakeland Area Mass Transit District
to revise its boundaries to 475 include additional lands. 476 Section 12. This act shall be liberally construed to
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I V E S 477 promote the purpose for which it is intended. 478 Section 13. In the event that any part of this act should 479 be held void for any reason, such holding shall not affect
any 480 other part thereof. 481 Section 14. This act shall take effect upon becoming a 482 law, except that the provisions of subsection (1) of section 6 483 authorizing the levy of
ad valorem taxation shall take effect 484 only upon express approval by a majority vote of those qualified 485 electors of the area described in subsection (2) of section 2 486 voting
in a referendum to be called by the Polk Transit 487 Authority and held in accordance with the provisions of law 488 currently in force.