Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 1021, 1st Eng.
       
       
       
       
       
       
                                Barcode 926304                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             05/01/2009 11:38 AM       .                                
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       Senator Bullard moved the following:
       
    1         Senate Substitute for Amendment (881550) (with title
    2  amendment)
    3  
    4         Delete line 1311
    5  and insert:
    6         Section 27. Effective upon this act becoming a law, section
    7  341.301, Florida Statutes, is amended to read:
    8         341.301 Definitions; ss. 341.302-341.303 ss. 341.302 and
    9  341.303.—As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
   10  the term:
   11         (1) “Branch line continuance project” means a project that
   12  involves branch line rehabilitation, new connecting track, rail
   13  banking, and other similar types of projects, including those
   14  specifically identified in the federal Railroad Revitalization
   15  and Regulatory Reform Act of 1976, and subsequent amendments to
   16  that act.
   17         (2) “Intercity rail transportation system” means the
   18  network of railroad facilities used or available for interstate
   19  and intrastate passenger and freight operations by railroads,
   20  whether or not on a schedule or whether or not restricted.
   21         (3) “Rail programs” means those programs administered by
   22  the state or other governmental entities which involve projects
   23  affecting the movement of people or goods by rail lines that
   24  have been or will be constructed to serve freight or passenger
   25  markets within a city or between cities.
   26         (4) “Rail service development project” means a project
   27  undertaken by a public agency to determine whether a new or
   28  innovative technique or measure can be utilized to improve or
   29  expand rail service. The duration of the project funding shall
   30  be limited according to the type of project and in no case shall
   31  exceed 3 years. Rail service development projects include those
   32  projects and other actions undertaken to enhance railroad
   33  operating efficiency or increased rail service, including
   34  measures that result in improved speed profiles, operations, or
   35  technological applications that lead to reductions in operating
   36  costs and increases in productivity or service.
   37         (5) “Railroad” or “rail system” means any common carrier
   38  fixed-guideway transportation system such as the conventional
   39  steel rail-supported, steel-wheeled system. The term does not
   40  include a high-speed rail line developed by the Department of
   41  Transportation pursuant to ss. 341.8201-341.842.
   42         (6) “Railroad capital improvement project” means a project
   43  identified by the rail component of the Florida Transportation
   44  Plan, which project involves the leasing, acquisition, design,
   45  construction, reconstruction, or improvement to the existing
   46  intercity rail transportation system or future segments thereof,
   47  including such items as locomotives and other rolling stock,
   48  tracks, terminals, and rights-of-way for the continuance or
   49  expansion of rail service as necessary to ensure the continued
   50  effectiveness of the state’s rail facilities and systems in
   51  meeting mobility and industrial development needs.
   52         (7) “Train” means any locomotive engine that is powered by
   53  diesel fuel, electricity, or other means, with or without cars
   54  coupled thereto, and operated upon a railroad track or any other
   55  form of fixed guideway, except that the term does not include a
   56  light rail vehicle such as a streetcar or people mover.
   57         (8)“Commuter rail passenger” or “passengers” means all
   58  persons, ticketed or unticketed, using the commuter rail service
   59  on a department-owned rail corridor:
   60         (a)On board trains, locomotives, rail cars, or rail
   61  equipment employed in commuter rail service or entraining and
   62  detraining therefrom;
   63         (b)On or about the rail corridor for any purpose related
   64  to the commuter rail service, including, parking, inquiring
   65  about commuter rail service, or purchasing tickets therefor, and
   66  coming to, waiting for, leaving from, or observing trains,
   67  locomotives, rail cars, or rail equipment; or
   68         (c)Meeting, assisting, or in the company of any person
   69  described in paragraph (a) or paragraph (b).
   70         (9)“Commuter rail service” means the transportation of
   71  commuter rail passengers and other passengers by rail pursuant
   72  to a rail program provided by the department or any other
   73  governmental entities.
   74         (10)“Rail corridor invitee” means all persons who are on
   75  or about a department-owned rail corridor:
   76         (a)For any purpose related to any ancillary development
   77  thereon; or
   78         (b)Meeting, assisting, or in the company of any person
   79  described in paragraph (a).
   80         (11)“Rail corridor” means a linear contiguous strip of
   81  real property that is used for rail service. The term includes
   82  the corridor and structures essential to railroad operations,
   83  including the land, structures, improvements, rights-of-way,
   84  easements, rail lines, rail beds, guideway structures, switches,
   85  yards, parking facilities, power relays, switching houses, rail
   86  stations, ancillary development, and any other facilities or
   87  equipment used for the purposes of construction, operation, or
   88  maintenance of a railroad that provides rail service.
   89         (12)“Railroad operations” means the use of the rail
   90  corridor to conduct commuter rail service, intercity rail
   91  passenger service, or freight rail service.
   92         (13)“Ancillary development” includes any lessee or
   93  licensee of the department, including other governmental
   94  entities, vendors, retailers, restaurateurs, or contract service
   95  providers, within a department-owned rail corridor, except for
   96  providers of commuter rail service, intercity rail passenger
   97  service, or freight rail service.
   98         (14)“Governmental entity” or “entities” has the same
   99  meaning as provided in s. 11.45, including a “public agency” as
  100  defined in s. 163.01.
  101         Section 28. Effective upon this act becoming a law, section
  102  341.302, Florida Statutes, is amended to read:
  103         341.302 Rail program, duties and responsibilities of the
  104  department.—The department, in conjunction with other
  105  governmental entities units and the private sector, shall
  106  develop and implement a rail program of statewide application
  107  designed to ensure the proper maintenance, safety,
  108  revitalization, and expansion of the rail system to assure its
  109  continued and increased availability to respond to statewide
  110  mobility needs. Within the resources provided pursuant to
  111  chapter 216, and as authorized under federal law Title 49 C.F.R.
  112  part 212, the department shall:
  113         (1) Provide the overall leadership, coordination, and
  114  financial and technical assistance necessary to assure the
  115  effective responses of the state’s rail system to current and
  116  anticipated mobility needs.
  117         (2) Promote and facilitate the implementation of advanced
  118  rail systems, including high-speed rail and magnetic levitation
  119  systems.
  120         (3) Develop and periodically update the rail system plan,
  121  on the basis of an analysis of statewide transportation needs.
  122         (a) The plan may contain detailed regional components,
  123  consistent with regional transportation plans, as needed to
  124  ensure connectivity within the state’s regions, and it shall be
  125  consistent with the Florida Transportation Plan developed
  126  pursuant to s. 339.155. The rail system plan shall include an
  127  identification of priorities, programs, and funding levels
  128  required to meet statewide and regional needs. The rail system
  129  plan shall be developed in a manner that will assure the maximum
  130  use of existing facilities and the optimum integration and
  131  coordination of the various modes of transportation, public and
  132  private, in the most cost-effective manner possible. The rail
  133  system plan shall be updated at least every 5 2 years and
  134  include plans for both passenger rail service and freight rail
  135  service, accompanied by a report to the Legislature regarding
  136  the status of the plan.
  137         (b)In recognition of the department’s role in the
  138  enhancement of the state’s rail system to improve freight and
  139  passenger mobility, the department shall:
  140         1.Continue to work closely with all affected communities,
  141  including, but not limited to, the City of Lakeland, the City of
  142  Plant City, and Polk County, to identify and address anticipated
  143  impacts associated with an increase in freight rail traffic;
  144         2.In coordination with the affected local governments and
  145  CSX Transportation, Inc., finalize all viable alternatives from
  146  the department’s Rail Traffic Evaluation Study to identify and
  147  develop an alternative route for through-freight rail traffic
  148  moving through Central Florida, including Polk and Hillsborough
  149  Counties. Following the completion of the department’s
  150  alternative rail traffic evaluation, the department shall begin
  151  a project development and environmental study that must be
  152  reviewed and approved by appropriate federal agencies so that a
  153  preferred alternative can be identified which minimizes the
  154  impacts associated with freight rail movements along the
  155  corridor. This preferred alternative shall become the basis for
  156  future development of this freight rail corridor and, with a
  157  priority ranking from the Polk Transportation Planning
  158  Organization, or its successor, shall be programmed for funding
  159  in the department’s work program in a fiscal year no later than
  160  10 years from commencement of construction of the CSX Integrated
  161  Logistics Center; and
  162         3.Provide technical assistance to a coalition of local
  163  governments in Central Florida, including the counties of
  164  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
  165  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
  166  Sumter, and Volusia, and the municipalities within those
  167  counties, to develop a regional rail system plan that addresses
  168  passenger and freight opportunities in the region, is consistent
  169  with the Florida Rail System Plan, and incorporates appropriate
  170  elements of the Tampa Bay Area Regional Authority Master Plan,
  171  the Metroplan Orlando Regional Transit System Concept Plan,
  172  including the Sunrail project, and the Florida Department of
  173  Transportation Alternate Rail Traffic Evaluation.
  174         (4) As part of the work program of the department,
  175  formulate a specific program of projects and financing to
  176  respond to identified railroad needs.
  177         (5) Provide technical and financial assistance to units of
  178  local government to address identified rail transportation
  179  needs.
  180         (6) Secure and administer federal grants, loans, and
  181  apportionments for rail projects within this state when
  182  necessary to further the statewide program.
  183         (7) Develop and administer state standards concerning the
  184  safety and performance of rail systems, hazardous material
  185  handling, and operations. Such standards shall be developed
  186  jointly with representatives of affected rail systems, with full
  187  consideration given to nationwide industry norms, and shall
  188  define the minimum acceptable standards for safety and
  189  performance.
  190         (8) Conduct, at a minimum, inspections of track and rolling
  191  stock; train signals and related equipment; hazardous materials
  192  transportation, including the loading, unloading, and labeling
  193  of hazardous materials at shippers’, receivers’, and transfer
  194  points; and train operating practices to determine adherence to
  195  state and federal standards. Department personnel may enforce
  196  any safety regulation issued under the Federal Government’s
  197  preemptive authority over interstate commerce.
  198         (9) Assess penalties, in accordance with the applicable
  199  federal regulations, for the failure to adhere to the state
  200  standards.
  201         (10) Administer rail operating and construction programs,
  202  which programs shall include the regulation of maximum train
  203  operating speeds, the opening and closing of public grade
  204  crossings, the construction and rehabilitation of public grade
  205  crossings, and the installation of traffic control devices at
  206  public grade crossings, the administering of the programs by the
  207  department including participation in the cost of the programs.
  208         (11) Coordinate and facilitate the relocation of railroads
  209  from congested urban areas to nonurban areas when relocation has
  210  been determined feasible and desirable from the standpoint of
  211  safety, operational efficiency, and economics.
  212         (12) Implement a program of branch line continuance
  213  projects when an analysis of the industrial and economic
  214  potential of the line indicates that public involvement is
  215  required to preserve essential rail service and facilities.
  216         (13) Provide new rail service and equipment when:
  217         (a) Pursuant to the transportation planning process, a
  218  public need has been determined to exist;
  219         (b) The cost of providing such service does not exceed the
  220  sum of revenues from fares charged to users, services purchased
  221  by other public agencies, local fund participation, and specific
  222  legislative appropriation for this purpose; and
  223         (c) Service cannot be reasonably provided by other
  224  governmental or privately owned rail systems.
  225  
  226         The department may own, lease, and otherwise encumber
  227  facilities, equipment, and appurtenances thereto, as necessary
  228  to provide new rail services; or the department may provide such
  229  service by contracts with privately owned service providers.
  230         (14) Furnish required emergency rail transportation service
  231  if no other private or public rail transportation operation is
  232  available to supply the required service and such service is
  233  clearly in the best interest of the people in the communities
  234  being served. Such emergency service may be furnished through
  235  contractual arrangement, actual operation of state-owned
  236  equipment and facilities, or any other means determined
  237  appropriate by the secretary.
  238         (15) Assist in the development and implementation of
  239  marketing programs for rail services and of information systems
  240  directed toward assisting rail systems users.
  241         (16) Conduct research into innovative or potentially
  242  effective rail technologies and methods and maintain expertise
  243  in state-of-the-art rail developments.
  244         (17)In conjunction with the acquisition, ownership,
  245  construction, operation, maintenance, and management of a rail
  246  corridor, have the authority to:
  247         (a)Assume the obligation by contract to forever protect,
  248  defend, indemnify, and hold harmless the freight rail operator,
  249  or its successors, from whom the department has acquired a real
  250  property interest in the rail corridor, and that freight rail
  251  operator’s officers, agents, and employees, from and against any
  252  liability, cost, and expense, including, but not limited to,
  253  commuter rail passengers, rail corridor invitees, and
  254  trespassers in the rail corridor, regardless of whether the
  255  loss, damage, destruction, injury, or death giving rise to any
  256  such liability, cost, or expense is caused in whole or in part,
  257  and to whatever nature or degree, by the fault, failure,
  258  negligence, misconduct, nonfeasance, or misfeasance of such
  259  freight rail operator, its successors, or its officers, agents,
  260  and employees, or any other person or persons whomsoever,
  261  provided that such assumption of liability of the department by
  262  contract shall not in any instance exceed the following
  263  parameters of allocation of risk:
  264         1.The department may be solely responsible for any loss,
  265  injury, or damage to commuter rail passengers, rail corridor
  266  invitees, or trespassers, regardless of circumstances or cause,
  267  subject to subparagraphs 2., 3., and 4.
  268         2.When only one train is involved in an incident, the
  269  department may be solely responsible for any loss, injury, or
  270  damage if the train is a department train or other train
  271  pursuant to subparagraph 3., but only if in an instance when
  272  only a freight rail operator train is involved, the freight rail
  273  operator is solely responsible for any loss, injury, or damage,
  274  except for commuter rail passengers, rail corridor invitees, and
  275  trespassers, and the freight rail operator is solely responsible
  276  for its property and all of its people in any instance when its
  277  train is involved in an incident.
  278         3.For the purposes of this subsection, any train involved
  279  in an incident that is neither the department’s train nor the
  280  freight rail operator’s train, hereinafter referred to in this
  281  subsection as an “other train,” may be treated as a department
  282  train, solely for purposes of any allocation of liability
  283  between the department and the freight rail operator only, but
  284  only if the department and the freight rail operator share
  285  responsibility equally as to third parties outside the rail
  286  corridor who incur loss, injury, or damage as a result of any
  287  incident involving both a department train and a freight rail
  288  operator train, and the allocation as between the department and
  289  the freight rail operator, regardless of whether the other train
  290  is treated as a department train, shall remain one-half each as
  291  to third parties outside the rail corridor who incur loss,
  292  injury, or damage as a result of the incident. The involvement
  293  of any other train shall not alter the sharing of equal
  294  responsibility as to third parties outside the rail corridor who
  295  incur loss, injury, or damage as a result of the incident.
  296         4.When more than one train is involved in an incident:
  297         a.If only a department train and freight rail operator’s
  298  train, or only another train as described in subparagraph 3. and
  299  a freight rail operator’s train, are involved in an incident,
  300  the department may be responsible for its property and all of
  301  its people, all commuter rail passengers, rail corridor
  302  invitees, and trespassers, but only if the freight rail operator
  303  is responsible for its property and all of its people, and the
  304  department and the freight rail operator each share one-half
  305  responsibility as to third parties outside the rail corridor who
  306  incur loss, injury, or damage as a result of the incident.
  307         b.If a department train, a freight rail operator train,
  308  and any other train are involved in an incident, the allocation
  309  of liability between the department and the freight rail
  310  operator, regardless of whether the other train is treated as a
  311  department train, shall remain one-half each as to third parties
  312  outside the rail corridor who incur loss, injury, or damage as a
  313  result of the incident. The involvement of any other train shall
  314  not alter the sharing of equal responsibility as to third
  315  parties outside the rail corridor who incur loss, injury, or
  316  damage as a result of the incident, and, if the owner, operator,
  317  or insurer of the other train makes any payment to injured third
  318  parties outside the rail corridor who incur loss, injury, or
  319  damage as a result of the incident, the allocation of credit
  320  between the department and the freight rail operator as to such
  321  payment shall not in any case reduce the freight rail operator’s
  322  third-party-sharing allocation of one-half under this paragraph
  323  to less than one-third of the total third-party liability.
  324         5.Any such contractual duty to protect, defend, indemnify,
  325  and hold harmless such a freight rail operator shall expressly
  326  include a specific cap on the amount of the contractual duty,
  327  which amount shall not exceed $200 million without prior
  328  legislative approval, and the department shall purchase
  329  liability insurance and establish a self-insurance retention
  330  fund in the amount of the specific cap established under this
  331  subparagraph, provided that:
  332         a.No such contractual duty shall in any case be effective
  333  or otherwise extend the department’s liability in scope and
  334  effect beyond the contractual liability insurance and self
  335  insurance retention fund required pursuant to this paragraph;
  336  and
  337         b.The freight rail operator’s compensation to the
  338  department for future use of the department’s rail corridor
  339  shall include a monetary contribution to the cost of such
  340  liability coverage for the sole benefit of the freight rail
  341  operator.
  342         (b)Purchase liability insurance, which amount shall not
  343  exceed $200 million, and establish a self-insurance retention
  344  fund for the purpose of paying the deductible limit established
  345  in the insurance policies it may obtain, including coverage for
  346  the department, any freight rail operator as described in
  347  paragraph (a), commuter rail service providers, governmental
  348  entities, or ancillary development. The insureds shall pay a
  349  reasonable monetary contribution to the cost of such liability
  350  coverage for the sole benefit of the insured. Such insurance and
  351  self-insurance retention fund may provide coverage for all
  352  damages, including, but not limited to, compensatory, special,
  353  and exemplary, and be maintained to provide an adequate fund to
  354  cover claims and liabilities for loss, injury, or damage arising
  355  out of or connected with the ownership, operation, maintenance,
  356  and management of a rail corridor.
  357         (c)Incur expenses for the purchase of advertisements,
  358  marketing, and promotional items.
  359  
  360         Neither the assumption by contract to protect, defend,
  361  indemnify, and hold harmless; the purchase of insurance; nor the
  362  establishment of a self-insurance retention fund shall be deemed
  363  to be a waiver of any defense of sovereign immunity for torts
  364  nor deemed to increase the limits of the department’s or the
  365  governmental entity’s liability for torts as provided in s.
  366  768.28. The requirements of s. 287.022(1) shall not apply to the
  367  purchase of any insurance hereunder. The provisions of this
  368  subsection shall apply and inure fully as to any other
  369  governmental entity providing commuter rail service and
  370  constructing, operating, maintaining, or managing a rail
  371  corridor on publicly owned right-of-way under contract by the
  372  governmental entity with the department or a governmental entity
  373  designated by the department. Notwithstanding any law to the
  374  contrary, procurement for the construction, operation,
  375  maintenance, and management of any rail corridor described in
  376  this subsection, whether by the department, a governmental
  377  entity under contract with the department, or a governmental
  378  entity designated by the department, shall be pursuant to s.
  379  287.057 and shall include, but not be limited to, criteria for
  380  the consideration of qualifications, technical aspects of the
  381  proposal, and price. Further, any such contract for design-build
  382  shall be procured pursuant to the criteria in s. 337.11(7).
  383         (18)(17) Exercise such other functions, powers, and duties
  384  in connection with the rail system plan as are necessary to
  385  develop a safe, efficient, and effective statewide
  386  transportation system.
  387         Section 29. Effective upon this act becoming a law, the
  388  Department of Transportation may complete an escrowed closing on
  389  the pending Central Florida Rail Corridor acquisition; however,
  390  the drawdown of such escrowed closing shall not occur unless and
  391  until final Federal Transit Administration full-funding grant
  392  agreement approval is obtained for the proposed Central Florida
  393  Commuter Rail Transit Project Initial Operating Segment.
  394         Section 30. Effective upon this act becoming a law,
  395  subsection (1) of section 212.0606, Florida Statutes, is amended
  396  to read:
  397         212.0606 Rental car surcharge.—
  398         (1)(a) A surcharge of $2.00 per day or any part of a day is
  399  imposed upon the lease or rental of a motor vehicle licensed for
  400  hire and designed to carry less than nine passengers regardless
  401  of whether such motor vehicle is licensed in Florida. The
  402  surcharge applies to only the first 30 days of the term of any
  403  lease or rental. The surcharge is subject to all applicable
  404  taxes imposed by this chapter.
  405         (b)A county with a population of at least 1,250,000 and at
  406  least 25 municipalities may impose a county surcharge of $2 per
  407  day or any part of a day upon the lease or rental of a motor
  408  vehicle licensed for hire and designed to carry fewer than nine
  409  passengers, regardless of whether such motor vehicle is licensed
  410  in Florida. The county surcharge applies to only the first 30
  411  days of the term of any lease or rental. The county surcharge is
  412  subject to all applicable taxes imposed by this chapter. The
  413  county surcharge is subject to the following conditions:
  414         1.The county surcharge may be used solely to fund the
  415  transportation needs of the county as determined by the county
  416  commission.
  417         2.The county surcharge may be imposed only by a super
  418  majority vote of the county commission.
  419         3.The county commission shall, by a super majority vote at
  420  the same meeting at which the county surcharge was authorized,
  421  also designate the account or fund into which the proceeds from
  422  the county surcharge shall be deposited.
  423         4.All funds collected from the county surcharge shall be
  424  deposited into the designated account or fund, subject to the
  425  applicable taxes imposed by this chapter.
  426         5.Funds deposited into the account or fund must be used
  427  solely for the purpose of funding transportation needs as
  428  determined by the county commission.
  429         6.After the county commission votes to impose a county
  430  surcharge, the county surcharge shall be applied on the first
  431  day of the month following the vote.
  432         7.The authority to impose the county surcharge approved by
  433  the county commission is effective immediately after the vote
  434  and is valid until the next business day following the 2014
  435  general election.
  436         8.The county commission that approved the county surcharge
  437  shall cause the question to be placed on the ballot for a vote
  438  by the electors of that county on or before the 2014 general
  439  election.
  440         9.If a majority of the voters of the county vote in favor
  441  of the referendum approving the continuation of the county
  442  surcharge, the surcharge continues to be valid.
  443         10.If a majority of the voters of the county vote against
  444  the referendum approving the continuation of the county
  445  surcharge, the county surcharge shall cease to be effective on
  446  the next business day following the election.
  447         Section 31. The Central Florida Commuter Rail Commission or
  448  “Sunrail” shall hire qualified, safety-sensitive employees. At
  449  least 75 percent of the employees must live and work in the
  450  state at the time that they are hired.
  451         Section 32. Except as otherwise expressly provided in this
  452  act and except for this section, which shall take effect upon
  453  becoming a law, this act shall take effect July 1, 2009.
  454  
  455  ================= T I T L E  A M E N D M E N T ================
  456         And the title is amended as follows:
  457         Delete line 1428
  458  and insert:
  459         Regional Transportation Authority; amending s.
  460         341.301, F.S.; providing definitions relating to
  461         commuter rail service, rail corridors, and railroad
  462         operation for purposes of the rail program within the
  463         Department of Transportation; amending s. 341.302,
  464         F.S.; revising certain citations; revising the time
  465         period within which the department must revise the
  466         rail system plan and requiring a report; providing
  467         additional duties for the department relating to a
  468         regional rail system plan; authorizing the department
  469         to assume certain liability on a rail corridor;
  470         authorizing the department to indemnify and hold
  471         harmless a railroad company when the department
  472         acquires a rail corridor from the company; providing
  473         allocation of risk; providing a specific cap on the
  474         amount of the contractual duty for such
  475         indemnification; authorizing the department to
  476         purchase and provide insurance in relation to rail
  477         corridors; authorizing marketing and promotional
  478         expenses; extending provisions to other governmental
  479         entities providing commuter rail service on public
  480         right-of-way; prescribing procurement requirements and
  481         criteria related to a rail corridor; authorizing an
  482         escrowed closing of the pending Central Florida Rail
  483         Corridor acquisition; amending s. 212.0606, F.S.;
  484         authorizing certain counties to impose a county
  485         surcharge upon the lease or rental of a motor vehicle
  486         licensed for hire; requiring that the county surcharge
  487         be used solely to fund the transportation needs of the
  488         county as determined by the county commission;
  489         requiring the county commission to place the county
  490         surcharge on the ballot for a vote by the electors;
  491         requiring that the Central Florida Commuter Rail
  492         Commission hire a certain percentage of employees who
  493         live and work in the state; providing effective dates.