Florida Senate - 2009                                     SB 2-B
       
       
       
       By Senators Ring, Constantine, Fasano, Gaetz, Gardiner, Lawson,
       and Negron
       
       
       
       32-00001A-09B                                           20092B__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; creating the Florida Statewide Passenger Rail
    4         Commission to monitor passenger rail systems and
    5         associated operations, advise the Department of
    6         Transportation concerning a statewide system of
    7         passenger rail service, evaluate passenger rail
    8         policies, and provide advice and recommendations to
    9         the Legislature on passenger rail operations in the
   10         state; providing for membership and organization of
   11         the commission; authorizing reimbursement for travel
   12         and other expenses of members; prohibiting the
   13         commission and its members from taking part in
   14         operations of the department or a monitored authority;
   15         assigning the commission to the Office of the
   16         Secretary of the department for administrative
   17         purposes; providing that expenses of the commission
   18         shall be approved by the secretary; directing the
   19         department to provide administrative support and
   20         services to the commission; providing for a rail
   21         enterprise in the department to be headed by an
   22         executive director and headquartered in Leon County;
   23         providing that the executive director shall be
   24         appointed by the Secretary of Transportation;
   25         directing the secretary to assign to the executive
   26         director the responsibility for funding, developing,
   27         and operating high-speed and passenger rail systems
   28         under specified provisions and coordinating publicly
   29         funded passenger rail operations; exempting the
   30         enterprise from department policies, procedures, and
   31         standards; providing exceptions; amending s. 201.15,
   32         F.S.; revising allocation of certain moneys in the
   33         State Transportation Trust Fund by increasing the
   34         percentage to be allocated for purposes of the Small
   35         County Outreach Program and providing for an annual
   36         allocation to the Florida Rail Enterprise; amending s.
   37         339.135, F.S.; providing a funding source for
   38         allocations to the South Florida Regional
   39         Transportation Authority under specified provisions;
   40         amending s. 343.58, F.S., relating to the South
   41         Florida Regional Transportation Authority; providing
   42         that funds dedicated by county governments may be used
   43         for certain purposes; providing for allocation of
   44         funds from the State Transportation Trust Fund to the
   45         authority; providing for cessation of the allocation
   46         under certain circumstances; amending s. 341.301,
   47         F.S.; revising the definition of “railroad” or “rail
   48         system” to include a high-speed rail system and
   49         providing definitions for purposes of provisions for
   50         rail programs; amending s. 341.302, F.S.; revising
   51         duties and responsibilities of the department to
   52         develop and implement a rail program; authorizing the
   53         department’s rail system plan to include regional
   54         components for certain purposes; revising requirements
   55         for the plan to be updated; requiring a plan status
   56         report to the Legislature; directing the department to
   57         work with local communities to address impacts of
   58         passenger rail implementation, finalize alternative
   59         routes for through freight rail traffic in Central
   60         Florida, and provide technical assistance to a
   61         coalition of municipalities and counties in Central
   62         Florida for development of a regional rail system
   63         plan; providing parameters within which the department
   64         may by contract indemnify against loss a freight rail
   65         operator from whom it has acquired interest in a rail
   66         corridor; authorizing the department to purchase
   67         liability insurance including coverage for the
   68         department, any freight rail operator, commuter rail
   69         service providers, governmental entities, or any
   70         ancillary development and establish a self-insurance
   71         retention fund; limiting the amount of the insurance
   72         and self-insurance retention fund; providing that the
   73         insureds must make payments for the coverage;
   74         providing that the insurance may provide coverage for
   75         all damages and be maintained to provide a fund to
   76         cover liabilities arising from rail corridor ownership
   77         and operations; authorizing the department to incur
   78         certain marketing expenses relating to rail corridor
   79         acquisition, ownership, construction, and operation;
   80         providing that indemnification by contract, the
   81         purchase of insurance, or establishment of a self
   82         insurance retention fund does not waive sovereign
   83         immunity or increase liability limits provided under
   84         specified provisions; providing that specified
   85         provisions apply to the purchase of insurance;
   86         providing that specified provisions relating to rail
   87         service apply to other governmental entities under
   88         contract with the department or designated by the
   89         department; providing for application of specified
   90         provisions to procurement contracts for the
   91         construction, operation, maintenance, and management
   92         of a rail corridor by the department, a governmental
   93         entity under contract with the department, or a
   94         governmental entity designated by the department;
   95         authorizing the department to complete an escrowed
   96         closing on the Central Florida Rail Corridor
   97         acquisition if Federal Transit Administration full
   98         funding grant agreement approval is obtained for the
   99         proposed Central Florida Commuter Rail Transit Project
  100         Initial Operating Segment; amending s. 341.303, F.S.;
  101         revising provisions for distribution of rail funds;
  102         removing provisions for funding service development
  103         projects; authorizing the department to fund net
  104         operating costs of eligible intercity or commuter rail
  105         systems for a certain time period; authorizing the
  106         department, through the Florida Rail Enterprise, to
  107         use specified funds to fund certain costs of passenger
  108         rail capital improvement projects, passenger rail
  109         planning and development, the high-speed rail system,
  110         and projects necessary to identify or address
  111         anticipated impacts of increased freight rail traffic
  112         due to implementing passenger rail systems; providing
  113         that the enterprise shall be a single budget entity;
  114         providing that the enterprise’s budget include all
  115         passenger rail funding and be submitted to the
  116         Legislature along with the department’s budget;
  117         directing the Governor to certify forward unexpended
  118         funds of the enterprise; providing for use of
  119         unencumbered funds certified forward; amending s.
  120         341.8201, F.S.; revising a short title; providing that
  121         specified provisions may be cited as the “Florida Rail
  122         Enterprise Act”; amending s. 341.8203, F.S.; providing
  123         definitions for purposes of such act; amending s.
  124         341.822, F.S.; providing powers and duties of the
  125         enterprise in addition to the powers and duties of the
  126         department; authorizing the enterprise to plan,
  127         construct, maintain, repair, operate, and promote a
  128         high-speed rail system, to acquire corridors, and to
  129         coordinate the development and operation of publicly
  130         funded passenger rail systems; providing intent;
  131         authorizing the enterprise to cooperate, coordinate,
  132         partner, and contract with other entities to
  133         accomplish its purposes; authorizing the enterprise to
  134         employ certain procurement methods; authorizing the
  135         executive director to employ staff; providing that
  136         such staff are exempt from specified Career Service
  137         System provisions; providing for construction;
  138         providing that provisions for powers of the enterprise
  139         supersede other laws that are inconsistent; requiring
  140         rail enterprise projects or improvements to be
  141         developed in accordance with the Florida
  142         Transportation Plan and the department’s work program;
  143         creating s. 341.8225, F.S.; providing that only the
  144         department may acquire, construct, maintain, or
  145         operate the high-speed rail system; providing for an
  146         exception with legislative authorization; authorizing
  147         local governmental entities to negotiate with the
  148         department for the design, right-of-way acquisition,
  149         and construction of components of the system; amending
  150         s. 341.836, F.S.; providing for the enterprise to
  151         undertake associated developments for certain
  152         purposes; amending s. 341.838, F.S.; authorizing the
  153         enterprise to establish and collect fares, rates, and
  154         other charges for services provided by the system;
  155         authorizing the enterprise to contract with other
  156         entities; directing the enterprise to review the
  157         fares, rates, and other charges annually; providing
  158         for use of moneys collected; providing that such
  159         fares, rates, and other charges are not subject to
  160         supervision or regulation by other entities; amending
  161         s. 341.839, F.S.; providing for construction of
  162         provisions granting powers to the enterprise; removing
  163         provisions relating to the Florida High-Speed Rail
  164         Authority; repealing ss. 341.8202, 341.821, 341.823,
  165         341.824, 341.827, 341.828, 341.829, 341.830, 341.831,
  166         341.832, 341.833, 341.834, 341.835, 341.837, and
  167         341.841, F.S., relating to the Florida High-Speed Rail
  168         Authority, legislative findings and intent, criteria
  169         for assessment and recommendations, technical,
  170         scientific, or other assistance, service areas,
  171         segment designation, permitting, conflict prevention,
  172         mitigation, and resolution, procurement,
  173         prequalification, request for qualifications, request
  174         for proposals, award of contract, acquisition of
  175         property, rights-of-way, and disposal of land, payment
  176         of expenses, and reports and audits; amending s.
  177         110.205, F.S.; conforming cross-references; providing
  178         effective dates.
  179  
  180  Be It Enacted by the Legislature of the State of Florida:
  181  
  182         Section 1. Paragraph (b) of subsection (2) and present
  183  subsection (4) of section 20.23, Florida Statutes, are amended,
  184  present subsections (3) through (6) are renumbered as
  185  subsections (4) through (7), respectively, and a new subsection
  186  (3) is added to that section, to read:
  187         20.23 Department of Transportation.—There is created a
  188  Department of Transportation which shall be a decentralized
  189  agency.
  190         (2)
  191         (b) The commission shall have the primary functions to:
  192         1. Recommend major transportation policies for the
  193  Governor’s approval, and assure that approved policies and any
  194  revisions thereto are properly executed.
  195         2. Periodically review the status of the state
  196  transportation system including highway, transit, rail, seaport,
  197  intermodal development, and aviation components of the system
  198  and recommend improvements therein to the Governor and the
  199  Legislature.
  200         3. Perform an in-depth evaluation of the annual department
  201  budget request, the Florida Transportation Plan, and the
  202  tentative work program for compliance with all applicable laws
  203  and established departmental policies. Except as specifically
  204  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  205  not consider individual construction projects, but shall
  206  consider methods of accomplishing the goals of the department in
  207  the most effective, efficient, and businesslike manner.
  208         4. Monitor the financial status of the department on a
  209  regular basis to assure that the department is managing revenue
  210  and bond proceeds responsibly and in accordance with law and
  211  established policy.
  212         5. Monitor on at least a quarterly basis, the efficiency,
  213  productivity, and management of the department, using
  214  performance and production standards developed by the commission
  215  pursuant to s. 334.045.
  216         6. Perform an in-depth evaluation of the factors causing
  217  disruption of project schedules in the adopted work program and
  218  recommend to the Legislature and the Governor methods to
  219  eliminate or reduce the disruptive effects of these factors.
  220         7. Recommend to the Governor and the Legislature
  221  improvements to the department’s organization in order to
  222  streamline and optimize the efficiency of the department. In
  223  reviewing the department’s organization, the commission shall
  224  determine if the current district organizational structure is
  225  responsive to Florida’s changing economic and demographic
  226  development patterns. The initial report by the commission must
  227  be delivered to the Governor and Legislature by December 15,
  228  2000, and each year thereafter, as appropriate. The commission
  229  may retain such experts as are reasonably necessary to
  230  effectuate this subparagraph, and the department shall pay the
  231  expenses of such experts.
  232         8. Monitor the efficiency, productivity, and management of
  233  the authorities created under chapters 343, 348, and 349,
  234  including any authority formed using the provisions of part I of
  235  chapter 348 and any authority formed under chapter 343 which is
  236  not monitored under subsection (3). The commission shall also
  237  conduct periodic reviews of each authority’s operations and
  238  budget, acquisition of property, management of revenue and bond
  239  proceeds, and compliance with applicable laws and generally
  240  accepted accounting principles.
  241         (3) There is created the Florida Statewide Passenger Rail
  242  Commission.
  243         (a)1. The commission shall consist of nine voting members
  244  appointed as follows:
  245         a. Three members shall be appointed by the Governor, one of
  246  whom must have a background in the area of environmental
  247  concerns, one of whom must have a legislative background, and
  248  one of whom must have a general business background.
  249         b. Three members shall be appointed by the President of the
  250  Senate, one of whom must have a background in civil engineering,
  251  one of whom must have a background in transportation
  252  construction, and one of whom must have a general business
  253  background.
  254         c. Three members shall be appointed by the Speaker of the
  255  House of Representatives, one of whom must have a legal
  256  background, one of whom must have a background in financial
  257  matters, and one of whom must have a general business
  258  background.
  259         2. The initial term of each member appointed by the
  260  Governor shall be for 4 years. The initial term of each member
  261  appointed by the President of the Senate shall be for 3 years.
  262  The initial term of each member appointed by the Speaker of the
  263  House of Representatives shall be for 2 years. Succeeding terms
  264  for all members shall be for 4 years.
  265         3. A vacancy occurring during a term shall be filled by the
  266  respective appointing authority in the same manner as the
  267  original appointment and only for the balance of the unexpired
  268  term. An appointment to fill a vacancy shall be made within 60
  269  days after the occurrence of the vacancy.
  270         4. The commission shall elect one of its members as chair
  271  of the commission. The chair shall hold office at the will of
  272  the commission. Five members of the commission shall constitute
  273  a quorum, and the vote of five members shall be necessary for
  274  any action taken by the commission. The commission may meet upon
  275  the constitution of a quorum. A vacancy in the commission does
  276  not impair the right of a quorum to exercise all rights and
  277  perform all duties of the commission.
  278         5. The members of the commission are not entitled to
  279  compensation but are entitled to reimbursement for travel and
  280  other necessary expenses as provided in s. 112.061.
  281         (b) The commission shall have the primary functions of:
  282         1. Monitoring the efficiency, productivity, and management
  283  of all publicly funded passenger rail systems in the state,
  284  including, but not limited to, any authority created under
  285  chapter 343, chapter 349, or chapter 163 if the authority
  286  receives public funds for the provision of passenger rail
  287  service. The commission shall advise each monitored authority of
  288  its findings and recommendations. The commission shall also
  289  conduct periodic reviews of each monitored authority’s passenger
  290  rail and associated transit operations and budget, acquisition
  291  of property, management of revenue and bond proceeds, and
  292  compliance with applicable laws and generally accepted
  293  accounting principles. The commission may seek the assistance of
  294  the Auditor General in conducting such reviews and shall report
  295  the findings of such reviews to the Legislature. This paragraph
  296  does not preclude the Florida Transportation Commission from
  297  conducting its performance and work program monitoring
  298  responsibilities.
  299         2. Advising the department on policies and strategies used
  300  in planning, designing, building, operating, financing, and
  301  maintaining a coordinated statewide system of passenger rail
  302  services.
  303         3. Evaluating passenger rail policies and providing advice
  304  and recommendations to the Legislature on passenger rail
  305  operations in the state.
  306         (c) The commission or a member of the commission may not
  307  enter into the day-to-day operation of the department or a
  308  monitored authority and is specifically prohibited from taking
  309  part in:
  310         1. The awarding of contracts.
  311         2. The selection of a consultant or contractor or the
  312  prequalification of any individual consultant or contractor.
  313  However, the commission may recommend to the secretary standards
  314  and policies governing the procedure for selection and
  315  prequalification of consultants and contractors.
  316         3. The selection of a route for a specific project.
  317         4. The specific location of a transportation facility.
  318         5. The acquisition of rights-of-way.
  319         6. The employment, promotion, demotion, suspension,
  320  transfer, or discharge of any department personnel.
  321         7. The granting, denial, suspension, or revocation of any
  322  license or permit issued by the department.
  323         (d) The commission is assigned to the Office of the
  324  Secretary of the Department of Transportation for administrative
  325  and fiscal accountability purposes, but it shall otherwise
  326  function independently of the control and direction of the
  327  department except that reasonable expenses of the commission
  328  shall be subject to approval by the Secretary of Transportation.
  329  The department shall provide administrative support and service
  330  to the commission.
  331         (5)(4)(a) The operations of the department shall be
  332  organized into seven districts, each headed by a district
  333  secretary, and a turnpike enterprise and a rail enterprise, each
  334  enterprise headed by an executive director. The district
  335  secretaries and the turnpike executive directors director shall
  336  be registered professional engineers in accordance with the
  337  provisions of chapter 471 or, in lieu of professional engineer
  338  registration, a district secretary or turnpike executive
  339  director may hold an advanced degree in an appropriate related
  340  discipline, such as a Master of Business Administration. The
  341  headquarters of the districts shall be located in Polk,
  342  Columbia, Washington, Broward, Volusia, Miami-Dade, and
  343  Hillsborough Counties. The headquarters of the turnpike
  344  enterprise shall be located in Orange County. The headquarters
  345  of the rail enterprise shall be located in Leon County. In order
  346  to provide for efficient operations and to expedite the
  347  decisionmaking process, the department shall provide for maximum
  348  decentralization to the districts.
  349         (b) Each district secretary may appoint up to three
  350  district directors or, until July 1, 2005, each district
  351  secretary may appoint up to four district directors. These
  352  positions are exempt from part II of chapter 110.
  353         (c) Within each district, offices shall be established for
  354  managing major functional responsibilities of the department.
  355  The heads of these offices shall be exempt from part II of
  356  chapter 110.
  357         (d) The district director for the Fort Myers Urban Office
  358  of the Department of Transportation is responsible for
  359  developing the 5-year Transportation Plan for Charlotte,
  360  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
  361  Myers Urban Office also is responsible for providing policy,
  362  direction, local government coordination, and planning for those
  363  counties.
  364         (e)1. The responsibility for the turnpike system shall be
  365  delegated by the secretary to the executive director of the
  366  turnpike enterprise, who shall serve at the pleasure of the
  367  secretary. The executive director shall report directly to the
  368  secretary, and the turnpike enterprise shall operate pursuant to
  369  ss. 338.22-338.241.
  370         2. To facilitate the most efficient and effective
  371  management of the turnpike enterprise, including the use of best
  372  business practices employed by the private sector, the turnpike
  373  enterprise, except as provided in s. 287.055, shall be exempt
  374  from departmental policies, procedures, and standards, subject
  375  to the secretary having the authority to apply any such
  376  policies, procedures, and standards to the turnpike enterprise
  377  from time to time as deemed appropriate.
  378         (f)1. The responsibility for developing and operating the
  379  high-speed and passenger rail systems established in chapter
  380  341, directing funding for passenger rail systems under s.
  381  341.303, and coordinating publicly funded passenger rail
  382  operations in the state, including freight rail interoperability
  383  issues, shall be delegated by the secretary to the executive
  384  director of the rail enterprise, who shall serve at the pleasure
  385  of the secretary. The executive director shall report directly
  386  to the secretary, and the rail enterprise shall operate pursuant
  387  to ss. 341.8201-341.842.
  388         2. To facilitate the most efficient and effective
  389  management of the rail enterprise, including the use of best
  390  business practices employed by the private sector, the rail
  391  enterprise, except as provided in s. 287.055, shall be exempt
  392  from departmental policies, procedures, and standards, subject
  393  to the secretary having the authority to apply any such
  394  policies, procedures, and standards to the rail enterprise from
  395  time to time as deemed appropriate.
  396         Section 2. Paragraph (c) of subsection (1) of section
  397  201.15, Florida Statutes, as amended by chapters 2009-21 and
  398  2009-68, Laws of Florida, is amended to read:
  399         201.15 Distribution of taxes collected.—All taxes collected
  400  under this chapter are subject to the service charge imposed in
  401  s. 215.20(1). Prior to distribution under this section, the
  402  Department of Revenue shall deduct amounts necessary to pay the
  403  costs of the collection and enforcement of the tax levied by
  404  this chapter. Such costs and the service charge may not be
  405  levied against any portion of taxes pledged to debt service on
  406  bonds to the extent that the costs and service charge are
  407  required to pay any amounts relating to the bonds. After
  408  distributions are made pursuant to subsection (1), all of the
  409  costs of the collection and enforcement of the tax levied by
  410  this chapter and the service charge shall be available and
  411  transferred to the extent necessary to pay debt service and any
  412  other amounts payable with respect to bonds authorized before
  413  January 1, 2010, secured by revenues distributed pursuant to
  414  subsection (1). All taxes remaining after deduction of costs and
  415  the service charge shall be distributed as follows:
  416         (1) Sixty-three and thirty-one hundredths percent of the
  417  remaining taxes shall be used for the following purposes:
  418         (c) After the required payments under paragraphs (a) and
  419  (b), the remainder shall be paid into the State Treasury to the
  420  credit of:
  421         1. The State Transportation Trust Fund in the Department of
  422  Transportation in the amount of the lesser of 38.2 percent of
  423  the remainder or $541.75 million in each fiscal year, to be used
  424  for the following specified purposes, notwithstanding any other
  425  law to the contrary:
  426         a. For the purposes of capital funding for the New Starts
  427  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  428  specified in s. 341.051, 10 percent of these funds;
  429         b. For the purposes of the Small County Outreach Program
  430  specified in s. 339.2818, 5 percent of these funds. Effective
  431  July 1, 2014, the percentage allocated under this sub
  432  subparagraph shall be increased to 10 percent;
  433         c. For the purposes of the Strategic Intermodal System
  434  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  435  of these funds after allocating for the New Starts Transit
  436  Program described in sub-subparagraph a. and the Small County
  437  Outreach Program described in sub-subparagraph b.; and
  438         d. For the purposes of the Transportation Regional
  439  Incentive Program specified in s. 339.2819, 25 percent of these
  440  funds after allocating for the New Starts Transit Program
  441  described in sub-subparagraph a. and the Small County Outreach
  442  Program described in sub-subparagraph b. Effective July 1, 2014,
  443  the first $60 million of the funds allocated pursuant to this
  444  sub-subparagraph shall be allocated annually to the Florida Rail
  445  Enterprise for the purposes established in s. 341.303(5).
  446         2. The Grants and Donations Trust Fund in the Department of
  447  Community Affairs in the amount of the lesser of .23 percent of
  448  the remainder or $3.25 million in each fiscal year, with 92
  449  percent to be used to fund technical assistance to local
  450  governments and school boards on the requirements and
  451  implementation of this act and the remaining amount to be used
  452  to fund the Century Commission established in s. 163.3247.
  453         3. The Ecosystem Management and Restoration Trust Fund in
  454  the amount of the lesser of 2.12 percent of the remainder or $30
  455  million in each fiscal year, to be used for the preservation and
  456  repair of the state’s beaches as provided in ss. 161.091
  457  161.212.
  458         4. General Inspection Trust Fund in the amount of the
  459  lesser of .02 percent of the remainder or $300,000 in each
  460  fiscal year to be used to fund oyster management and restoration
  461  programs as provided in s. 379.362(3).
  462  
  463  Moneys distributed pursuant to this paragraph may not be pledged
  464  for debt service unless such pledge is approved by referendum of
  465  the voters.
  466         Section 3. Paragraph (a) of subsection (4) of section
  467  339.135, Florida Statutes, is amended to read:
  468         339.135 Work program; legislative budget request;
  469  definitions; preparation, adoption, execution, and amendment.—
  470         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  471         (a)1. To assure that no district or county is penalized for
  472  local efforts to improve the State Highway System, the
  473  department shall, for the purpose of developing a tentative work
  474  program, allocate funds for new construction to the districts,
  475  except for the turnpike enterprise, based on equal parts of
  476  population and motor fuel tax collections. Funds for
  477  resurfacing, bridge repair and rehabilitation, bridge fender
  478  system construction or repair, public transit projects except
  479  public transit block grants as provided in s. 341.052, and other
  480  programs with quantitative needs assessments shall be allocated
  481  based on the results of these assessments. The department may
  482  not transfer any funds allocated to a district under this
  483  paragraph to any other district except as provided in subsection
  484  (7). Funds for public transit block grants shall be allocated to
  485  the districts pursuant to s. 341.052. Funds for the intercity
  486  bus program provided for under s. 5311(f) of the federal
  487  nonurbanized area formula program shall be administered and
  488  allocated directly to eligible bus carriers as defined in s.
  489  341.031(12) at the state level rather than the district. In
  490  order to provide state funding to support the intercity bus
  491  program provided for under provisions of the federal 5311(f)
  492  program, the department shall allocate an amount equal to the
  493  federal share of the 5311(f) program from amounts calculated
  494  pursuant to s. 206.46(3).
  495         2. Notwithstanding the provisions of subparagraph 1., the
  496  department shall allocate at least 50 percent of any new
  497  discretionary highway capacity funds to the Florida Strategic
  498  Intermodal System created pursuant to s. 339.61. Any remaining
  499  new discretionary highway capacity funds shall be allocated to
  500  the districts for new construction as provided in subparagraph
  501  1. For the purposes of this subparagraph, the term “new
  502  discretionary highway capacity funds” means any funds available
  503  to the department above the prior year funding level for
  504  capacity improvements, which the department has the discretion
  505  to allocate to highway projects.
  506         3. Notwithstanding subparagraph 1. and ss. 206.46(3),
  507  334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
  508  only, the department shall reduce work program levels to balance
  509  the finance plan to the revised funding levels resulting from
  510  any reduction in the 2009-2010 General Appropriations Act. This
  511  subparagraph expires July 1, 2010.
  512         4. For the 2009-2010 fiscal year only, prior to any project
  513  or phase thereof being deferred, the department’s cash balances
  514  shall be as provided in paragraph (6)(b), and the reductions in
  515  subparagraph 3. shall be made to financial projects not
  516  programmed for contract letting as identified with a work
  517  program contract class code 8 and the box code RV. These
  518  reductions shall not negatively impact safety or maintenance or
  519  project contingency percentage levels as of April 21, 2009. This
  520  subparagraph expires July 1, 2010.
  521         5. Notwithstanding subparagraphs 1. and 2. and ss.
  522  206.46(3) and 334.044(26), and for fiscal years 2009-2010
  523  through 2013-2014 only, the department shall allocate the first
  524  proceeds of the increased revenues to be deposited into the
  525  State Transportation Trust Fund estimated by the November 2009
  526  Revenue Estimating Conference to provide for the transfer of
  527  funds included in s. 343.58(4). The transfer of funds included
  528  in s. 343.58(4) may not negatively impact projects included in
  529  fiscal years 2009-2010 through 2013-2014 of the work program as
  530  of July 1, 2009, as amended pursuant to subsection (7). This
  531  subparagraph expires July 1, 2014.
  532         Section 4. Section 343.58, Florida Statutes, is amended to
  533  read:
  534         343.58 County funding for the South Florida Regional
  535  Transportation Authority.—
  536         (1) Each county served by the South Florida Regional
  537  Transportation Authority must dedicate and transfer not less
  538  than $2.67 million to the authority annually. The recurring
  539  annual $2.67 million must be dedicated by the governing body of
  540  each county before October 31 of each fiscal year. These funds
  541  may be used for capital, operations, and maintenance.
  542         (2) At least $45 million of a state-authorized, local
  543  option recurring funding source available to Broward, Miami
  544  Dade, and Palm Beach counties is directed to the authority to
  545  fund its capital, operating, and maintenance expenses. The
  546  funding source shall be dedicated to the authority only if
  547  Broward, Miami-Dade, and Palm Beach counties impose the local
  548  option funding source.
  549         (3) In addition, each county shall continue to annually
  550  fund the operations of the South Florida Regional Transportation
  551  Authority in an amount not less than $1.565 million. Revenue
  552  raised pursuant to this subsection shall also be considered a
  553  dedicated funding source.
  554         (4) Notwithstanding any other provision of law to the
  555  contrary and effective July 1, 2010, the department shall
  556  transfer annually from the State Transportation Trust Fund to
  557  the South Florida Regional Transportation Authority the
  558  following:
  559         (a)1. If the authority becomes responsible for operating,
  560  maintaining, and dispatching the South Florida Rail Corridor,
  561  $15 million from the State Transportation Trust Fund to the
  562  South Florida Regional Transportation Authority for operations,
  563  maintenance, and dispatch and an amount no less than the work
  564  program commitments for fiscal year 2010-2011, as of July 1,
  565  2009, for operating assistance to the authority and corridor
  566  track maintenance and contract maintenance for the South Florida
  567  Rail Corridor; or
  568         2. If the authority does not become responsible for
  569  operating, maintaining, and dispatching the South Florida Rail
  570  Corridor, $13.3 million from the State Transportation Trust Fund
  571  to the South Florida Regional Transportation Authority for
  572  operations and maintenance, and an amount no less than the work
  573  program commitments for fiscal year 2010-2011, as of July 1,
  574  2009, for operating assistance to the authority.
  575         (b) Funding required by this subsection may not be provided
  576  from the funds dedicated to the Florida Rail Enterprise under s.
  577  201.15(1)(c)1.d.
  578         (5)(4) The current funding obligations under subsections
  579  (1), and (3), and (4) shall cease upon commencement of the
  580  collection of funding from the funding source under subsection
  581  (2). If the funding under subsection (2) is discontinued for any
  582  reason, the funding obligations under subsections (1) and (3)
  583  shall resume when collection from the funding source under
  584  subsection (2) ceases. Payment by the counties shall be on a pro
  585  rata basis the first year following cessation of the funding
  586  under subsection (2). The authority shall refund a pro rata
  587  share of the payments for the current fiscal year made pursuant
  588  to the current funding obligations under subsections (1) and (3)
  589  as soon as reasonably practicable after it begins to receive
  590  funds under subsection (2). If, by December 31, 2015, the South
  591  Florida Regional Transportation Authority has not received
  592  federal matching funds based upon the dedication of funds under
  593  subsection (1), subsection (1) shall be repealed.
  594         Section 5. Section 341.301, Florida Statutes, is amended to
  595  read:
  596         341.301 Definitions; ss. 341.302-341.303 ss. 341.302 and
  597  341.303.—As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
  598  the term:
  599         (1) “Ancillary development” includes any lessee or licensee
  600  of the department, including other governmental entities,
  601  vendors, retailers, restaurateurs, or contract service
  602  providers, within a department-owned rail corridor, except for
  603  providers of commuter rail service, intercity rail passenger
  604  service, or freight rail service. The term includes air and
  605  subsurface rights, services that provide a local area network
  606  for devices for transmitting data over wireless networks, and
  607  advertising.
  608         (2)(1) “Branch line continuance project” means a project
  609  that involves branch line rehabilitation, new connecting track,
  610  rail banking, and other similar types of projects, including
  611  those specifically identified in the federal Railroad
  612  Revitalization and Regulatory Reform Act of 1976, and subsequent
  613  amendments to that act.
  614         (3) “Commuter rail passenger” or “passengers” means all
  615  persons, ticketed or unticketed, using the commuter rail service
  616  on a department-owned rail corridor:
  617         (a) On board trains, locomotives, rail cars, or rail
  618  equipment employed in commuter rail service or entraining
  619  thereon and detraining therefrom;
  620         (b) On or about the rail corridor for any purpose related
  621  to the commuter rail service, including parking, inquiring about
  622  commuter rail service, or purchasing tickets therefor, and
  623  coming to, waiting for, leaving from, or observing trains,
  624  locomotives, rail cars, or rail equipment; or
  625         (c) Meeting, assisting, or in the company of any person
  626  described in paragraph (a) or paragraph (b).
  627         (4) “Commuter rail service” means the transportation of
  628  commuter rail passengers and other passengers by rail pursuant
  629  to a rail program provided by the department or any other
  630  governmental entity.
  631         (5) “Governmental entity” or “entities” has the same
  632  meaning as provided in s. 11.45, including a “public agency” as
  633  defined in s. 163.01.
  634         (6)(2) “Intercity rail transportation system” means the
  635  network of railroad facilities used or available for interstate
  636  and intrastate passenger and freight operations by railroads,
  637  whether or not on a schedule or whether or not restricted.
  638         (7) “Limited covered accident” means a collision directly
  639  between the trains, locomotives, rail cars, or rail equipment of
  640  the department and the freight rail operator only, where the
  641  collision is caused by or arising from the willful misconduct of
  642  the freight rail operator or its subsidiaries, agents,
  643  licensees, employees, officers, or directors or where punitive
  644  damages or exemplary damages are awarded due to the conduct of
  645  the freight rail operator or its subsidiaries, agents,
  646  licensees, employees, officers, or directors.
  647         (8) “Rail corridor” means a linear contiguous strip of real
  648  property that is used for rail service. The term includes the
  649  corridor and structures essential to railroad operations,
  650  including the land, structures, improvements, rights-of-way,
  651  easements, rail lines, rail beds, guideway structures, switches,
  652  yards, parking facilities, power relays, switching houses, rail
  653  stations, any ancillary development, and any other facilities or
  654  equipment used for the purposes of construction, operation, or
  655  maintenance of a railroad that provides rail service.
  656         (9) “Rail corridor invitee” means all persons who are on or
  657  about a department-owned rail corridor:
  658         (a) For any purpose related to any ancillary development
  659  thereon; or
  660         (b) Meeting, assisting, or in the company of any person
  661  described in paragraph (a).
  662         (10)(3) “Rail programs” means those programs administered
  663  by the state or other governmental entities which involve
  664  projects affecting the movement of people or goods by rail lines
  665  that have been or will be constructed to serve freight or
  666  passenger markets within a city or between cities.
  667         (11)(4) “Rail service development project” means a project
  668  undertaken by a public agency to determine whether a new or
  669  innovative technique or measure can be utilized to improve or
  670  expand rail service. The duration of the project funding shall
  671  be limited according to the type of project and in no case shall
  672  exceed 3 years. Rail service development projects include those
  673  projects and other actions undertaken to enhance railroad
  674  operating efficiency or increased rail service, including
  675  measures that result in improved speed profiles, operations, or
  676  technological applications that lead to reductions in operating
  677  costs and increases in productivity or service.
  678         (12)(5) “Railroad” or “rail system” means any common
  679  carrier fixed-guideway transportation system such as the
  680  conventional steel rail-supported, steel-wheeled system as well
  681  as the high-speed rail system defined in s. 341.8203. The term
  682  does not include a high-speed rail line developed by the
  683  Department of Transportation pursuant to ss. 341.8201-341.842.
  684         (13)(6) “Railroad capital improvement project” means a
  685  project identified by the rail component of the Florida
  686  Transportation Plan, which project involves the leasing,
  687  acquisition, design, construction, reconstruction, or
  688  improvement to the existing intercity rail transportation system
  689  or future segments thereof, including such items as locomotives
  690  and other rolling stock, tracks, terminals, and rights-of-way
  691  for the continuance or expansion of rail service as necessary to
  692  ensure the continued effectiveness of the state’s rail
  693  facilities and systems in meeting mobility and industrial
  694  development needs.
  695         (14) “Railroad operations” means the use of the rail
  696  corridor to conduct commuter rail service, intercity rail
  697  passenger service, or freight rail service.
  698         (15)(7) “Train” means any locomotive engine that is powered
  699  by diesel fuel, electricity, or other means, with or without
  700  cars coupled thereto, and operated upon a railroad track or any
  701  other form of fixed guideway, except that the term does not
  702  include a light rail vehicle such as a streetcar or people
  703  mover.
  704         Section 6. Section 341.302, Florida Statutes, is amended to
  705  read:
  706         341.302 Rail program;, duties and responsibilities of the
  707  department.—The department, in conjunction with other
  708  governmental entities, including the rail enterprise units and
  709  the private sector, shall develop and implement a rail program
  710  of statewide application designed to ensure the proper
  711  maintenance, safety, revitalization, and expansion of the rail
  712  system to assure its continued and increased availability to
  713  respond to statewide mobility needs. Within the resources
  714  provided pursuant to chapter 216, and as authorized under
  715  federal law Title 49 C.F.R. part 212, the department shall:
  716         (1) Provide the overall leadership, coordination, and
  717  financial and technical assistance necessary to assure the
  718  effective responses of the state’s rail system to current and
  719  anticipated mobility needs.
  720         (2) Promote and facilitate the implementation of advanced
  721  rail systems, including high-speed rail and magnetic levitation
  722  systems.
  723         (3) Develop and periodically update the rail system plan,
  724  on the basis of an analysis of statewide transportation needs.
  725         (a) The plan may contain detailed regional components,
  726  consistent with regional transportation plans, as needed to
  727  ensure connectivity within the state’s regions, and it shall be
  728  consistent with the Florida Transportation Plan developed
  729  pursuant to s. 339.155. The rail system plan shall include an
  730  identification of priorities, programs, and funding levels
  731  required to meet statewide and regional needs. The rail system
  732  plan shall be developed in a manner that will assure the maximum
  733  use of existing facilities and the optimum integration and
  734  coordination of the various modes of transportation, public and
  735  private, in the most cost-effective manner possible. The rail
  736  system plan shall be updated no later than January 1, 2011, and
  737  at least every 5 2 years thereafter, and include plans for both
  738  passenger rail service and freight rail service, accompanied by
  739  a report to the Legislature regarding the status of the plan.
  740         (b) In recognition of the department’s role in the
  741  enhancement of the state’s rail system to improve freight and
  742  passenger mobility, the department shall:
  743         1. Work closely with all affected communities along an
  744  impacted freight rail corridor to identify and address
  745  anticipated impacts associated with an increase in freight rail
  746  traffic due to implementation of passenger rail.
  747         2. In coordination with the affected local governments and
  748  CSX Transportation, Inc., finalize all viable alternatives from
  749  the department’s Rail Traffic Evaluation Study to identify and
  750  develop an alternative route for through freight rail traffic
  751  moving through Central Florida, including the counties of Polk
  752  and Hillsborough, which would address, to the extent
  753  practicable, the effects of commuter rail.
  754         3. Provide technical assistance to a coalition of local
  755  governments in Central Florida, including the counties of
  756  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
  757  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
  758  Sumter, and Volusia, and the municipalities within those
  759  counties, to develop a regional rail system plan that addresses
  760  passenger and freight opportunities in the region, is consistent
  761  with the Florida Rail System Plan, and incorporates appropriate
  762  elements of the Tampa Bay Area Regional Authority Master Plan,
  763  the Metroplan Orlando Regional Transit System Concept Plan,
  764  including the SunRail project, and the Florida Department of
  765  Transportation Alternate Rail Traffic Evaluation.
  766         (4) As part of the work program of the department,
  767  formulate a specific program of projects and financing to
  768  respond to identified railroad needs.
  769         (5) Provide technical and financial assistance to units of
  770  local government to address identified rail transportation
  771  needs.
  772         (6) Secure and administer federal grants, loans, and
  773  apportionments for rail projects within this state when
  774  necessary to further the statewide program.
  775         (7) Develop and administer state standards concerning the
  776  safety and performance of rail systems, hazardous material
  777  handling, and operations. Such standards shall be developed
  778  jointly with representatives of affected rail systems, with full
  779  consideration given to nationwide industry norms, and shall
  780  define the minimum acceptable standards for safety and
  781  performance.
  782         (8) Conduct, at a minimum, inspections of track and rolling
  783  stock; train signals and related equipment; hazardous materials
  784  transportation, including the loading, unloading, and labeling
  785  of hazardous materials at shippers’, receivers’, and transfer
  786  points; and train operating practices to determine adherence to
  787  state and federal standards. Department personnel may enforce
  788  any safety regulation issued under the Federal Government’s
  789  preemptive authority over interstate commerce.
  790         (9) Assess penalties, in accordance with the applicable
  791  federal regulations, for the failure to adhere to the state
  792  standards.
  793         (10) Administer rail operating and construction programs,
  794  which programs shall include the regulation of maximum train
  795  operating speeds, the opening and closing of public grade
  796  crossings, the construction and rehabilitation of public grade
  797  crossings, and the installation of traffic control devices at
  798  public grade crossings, the administering of the programs by the
  799  department including participation in the cost of the programs.
  800         (11) Coordinate and facilitate the relocation of railroads
  801  from congested urban areas to nonurban areas when relocation has
  802  been determined feasible and desirable from the standpoint of
  803  safety, operational efficiency, and economics.
  804         (12) Implement a program of branch line continuance
  805  projects when an analysis of the industrial and economic
  806  potential of the line indicates that public involvement is
  807  required to preserve essential rail service and facilities.
  808         (13) Provide new rail service and equipment when:
  809         (a) Pursuant to the transportation planning process, a
  810  public need has been determined to exist;
  811         (b) The cost of providing such service does not exceed the
  812  sum of revenues from fares charged to users, services purchased
  813  by other public agencies, local fund participation, and specific
  814  legislative appropriation for this purpose; and
  815         (c) Service cannot be reasonably provided by other
  816  governmental or privately owned rail systems.
  817  
  818  The department may own, lease, and otherwise encumber
  819  facilities, equipment, and appurtenances thereto, as necessary
  820  to provide new rail services; or the department may provide such
  821  service by contracts with privately owned service providers.
  822         (14) Furnish required emergency rail transportation service
  823  if no other private or public rail transportation operation is
  824  available to supply the required service and such service is
  825  clearly in the best interest of the people in the communities
  826  being served. Such emergency service may be furnished through
  827  contractual arrangement, actual operation of state-owned
  828  equipment and facilities, or any other means determined
  829  appropriate by the secretary.
  830         (15) Assist in the development and implementation of
  831  marketing programs for rail services and of information systems
  832  directed toward assisting rail systems users.
  833         (16) Conduct research into innovative or potentially
  834  effective rail technologies and methods and maintain expertise
  835  in state-of-the-art rail developments.
  836         (17) In conjunction with the acquisition, ownership,
  837  construction, operation, maintenance, and management of a rail
  838  corridor, have the authority to:
  839         (a) Assume the obligation by contract to forever protect,
  840  defend, indemnify, and hold harmless the freight rail operator,
  841  or its successors, from whom the department has acquired a real
  842  property interest in the rail corridor, and that freight rail
  843  operator’s officers, agents, and employees, from and against any
  844  liability, cost, and expense, including, but not limited to,
  845  commuter rail passengers and rail corridor invitees in the rail
  846  corridor, regardless of whether the loss, damage, destruction,
  847  injury, or death giving rise to any such liability, cost, or
  848  expense is caused in whole or in part, and to whatever nature or
  849  degree, by the fault, failure, negligence, misconduct,
  850  nonfeasance, or misfeasance of such freight rail operator, its
  851  successors, or its officers, agents, and employees, or any other
  852  person or persons whomsoever, provided that such assumption of
  853  liability of the department by contract shall not in any
  854  instance exceed the following parameters of allocation of risk:
  855         1. The department may be solely responsible for any loss,
  856  injury, or damage to commuter rail passengers, or rail corridor
  857  invitees, or trespassers, regardless of circumstances or cause,
  858  subject to subparagraphs 2., 3., 4., 5., and 6.
  859         2. In the event of a limited covered accident, the
  860  authority of the department to protect, defend and indemnify the
  861  freight operator for all liability, cost and expense, including
  862  punitive or exemplary damages, in excess of the deductible or
  863  self-insurance retention fund established under paragraph (b)
  864  and actually in force at the time of the limited covered
  865  accident exists only if the freight operator agrees, with
  866  respect to the limited covered accident, to protect, defend, and
  867  indemnify the department for the amount of the deductible or
  868  self-insurance retention fund established under paragraph (b)
  869  and actually in force at the time of the limited covered
  870  accident.
  871         3. When only one train is involved in an incident, the
  872  department may be solely responsible for any loss, injury, or
  873  damage if the train is a department train or other train
  874  pursuant to subparagraph 4., but only if when an incident occurs
  875  with only a freight train involved, including incidents with
  876  trespassers or at grade crossings, the freight rail operator is
  877  solely responsible for any loss, injury, or damage, except for
  878  commuter rail passengers and rail corridor invitees.
  879         4. For the purposes of this subsection, any train involved
  880  in an incident that is neither the department’s train nor the
  881  freight rail operator’s train, hereinafter referred to in this
  882  subsection as an “other train,” may be treated as a department
  883  train, solely for purposes of any allocation of liability
  884  between the department and the freight rail operator only, but
  885  only if the department and the freight rail operator share
  886  responsibility equally as to third parties outside the rail
  887  corridor who incur loss, injury, or damage as a result of any
  888  incident involving both a department train and a freight rail
  889  operator train, and the allocation as between the department and
  890  the freight rail operator, regardless of whether the other train
  891  is treated as a department train, shall remain one-half each as
  892  to third parties outside the rail corridor who incur loss,
  893  injury, or damage as a result of the incident. The involvement
  894  of any other train shall not alter the sharing of equal
  895  responsibility as to third parties outside the rail corridor who
  896  incur loss, injury, or damage as a result of the incident.
  897         5. When more than one train is involved in an incident:
  898         a. If only a department train and freight rail operator’s
  899  train, or only an other train as described in subparagraph 4.
  900  and a freight rail operator’s train, are involved in an
  901  incident, the department may be responsible for its property and
  902  all of its people, all commuter rail passengers, rail corridor
  903  invitees, but only if the freight rail operator is responsible
  904  for its property and all of its people, and the department and
  905  the freight rail operator each share one-half responsibility as
  906  to trespassers or third parties outside the rail corridor who
  907  incur loss, injury, or damage as a result of the incident.
  908         b. If a department train, a freight rail operator train,
  909  and any other train are involved in an incident, the allocation
  910  of liability between the department and the freight rail
  911  operator, regardless of whether the other train is treated as a
  912  department train, shall remain one-half each as to third parties
  913  outside the rail corridor who incur loss, injury, or damage as a
  914  result of the incident; the involvement of any other train shall
  915  not alter the sharing of equal responsibility as to third
  916  parties outside the rail corridor who incur loss, injury, or
  917  damage as a result of the incident; and, if the owner, operator,
  918  or insurer of the other train makes any payment to injured third
  919  parties outside the rail corridor who incur loss, injury, or
  920  damage as a result of the incident, the allocation of credit
  921  between the department and the freight rail operator as to such
  922  payment shall not in any case reduce the freight rail operator’s
  923  third-party-sharing allocation of one-half under this paragraph
  924  to less than one-third of the total third party liability.
  925         6. Any such contractual duty to protect, defend, indemnify,
  926  and hold harmless such a freight rail operator shall expressly
  927  include a specific cap on the amount of the contractual duty,
  928  which amount shall not exceed $200 million without prior
  929  legislative approval, and the department to purchase liability
  930  insurance and establish a self-insurance retention fund in the
  931  amount of the specific cap established under this subparagraph,
  932  provided that:
  933         a. No such contractual duty shall in any case be effective
  934  nor otherwise extend the department’s liability in scope and
  935  effect beyond the contractual liability insurance and self
  936  insurance retention fund required pursuant to this paragraph;
  937  and
  938         b. The freight rail operator’s compensation to the
  939  department for future use of the department’s rail corridor
  940  shall include a monetary contribution to the cost of such
  941  liability coverage for the sole benefit of the freight rail
  942  operator.
  943         (b) Purchase liability insurance, which amount shall not
  944  exceed $200 million, and establish a self-insurance retention
  945  fund for the purpose of paying the deductible limit established
  946  in the insurance policies it may obtain, including coverage for
  947  the department, any freight rail operator as described in
  948  paragraph (a), commuter rail service providers, governmental
  949  entities, or any ancillary development, which self-insurance
  950  retention fund or deductible shall not exceed $10 million. The
  951  insureds shall pay a reasonable monetary contribution to the
  952  cost of such liability coverage for the sole benefit of the
  953  insured. Such insurance and self-insurance retention fund may
  954  provide coverage for all damages, including, but not limited to,
  955  compensatory, special, and exemplary, and be maintained to
  956  provide an adequate fund to cover claims and liabilities for
  957  loss, injury, or damage arising out of or connected with the
  958  ownership, operation, maintenance, and management of a rail
  959  corridor.
  960         (c) Incur expenses for the purchase of advertisements,
  961  marketing, and promotional items.
  962  
  963  Neither the assumption by contract to protect, defend,
  964  indemnify, and hold harmless; the purchase of insurance; nor the
  965  establishment of a self-insurance retention fund shall be deemed
  966  to be a waiver of any defense of sovereign immunity for torts
  967  nor deemed to increase the limits of the department’s or the
  968  governmental entity’s liability for torts as provided in s.
  969  768.28. The requirements of s. 287.022(1) shall not apply to the
  970  purchase of any insurance under this subsection. The provisions
  971  of this subsection shall apply and inure fully as to any other
  972  governmental entity providing commuter rail service and
  973  constructing, operating, maintaining, or managing a rail
  974  corridor on publicly owned right-of-way under contract by the
  975  governmental entity with the department or a governmental entity
  976  designated by the department. Notwithstanding any law to the
  977  contrary, procurement for the construction, operation,
  978  maintenance, and management of any rail corridor described in
  979  this subsection, whether by the department, a governmental
  980  entity under contract with the department, or a governmental
  981  entity designated by the department, shall be pursuant to s.
  982  287.057 and shall include, but not be limited to, criteria for
  983  the consideration of qualifications, technical aspects of the
  984  proposal, and price. Further, any such contract for design-build
  985  shall be procured pursuant to the criteria in s. 337.11(7).
  986         (18)(17) Exercise such other functions, powers, and duties
  987  in connection with the rail system plan as are necessary to
  988  develop a safe, efficient, and effective statewide
  989  transportation system.
  990         Section 7. The Department of Transportation may complete an
  991  escrowed closing on the pending Central Florida Rail Corridor
  992  acquisition; however, the drawdown of such escrowed closing
  993  shall not occur unless and until final Federal Transit
  994  Administration full-funding grant agreement approval is obtained
  995  for the proposed Central Florida Commuter Rail Transit Project
  996  Initial Operating Segment.
  997         Section 8. Effective July 1, 2010, subsection (4) of
  998  section 341.303, Florida Statutes, is amended, and subsections
  999  (5) and (6) are added to that section, to read:
 1000         341.303 Funding authorization and appropriations;
 1001  eligibility and participation.—
 1002         (4) FUND PARTICIPATION; OPERATING COSTS SERVICE
 1003  DEVELOPMENT.—
 1004         (a) The department is authorized to fund up to 100 50
 1005  percent of the net operating costs of any eligible intercity or
 1006  commuter rail system for up to 7 years, beginning from the open
 1007  to-service date service development project that is local in
 1008  scope, not to exceed the local match.
 1009         (b) The department is authorized to fund up to 100 percent
 1010  of the net operating costs of any eligible intercity or commuter
 1011  rail service development project that is statewide in scope or
 1012  involves more than one county if no other governmental unit of
 1013  appropriate jurisdiction exists. For commuter rail service,
 1014  after the 5th year of operation, the department’s participation
 1015  is limited to a maximum of 50 percent of the net operating costs
 1016  of the service.
 1017         (c) Each such local or statewide service development
 1018  project shall be identified in the appropriation request of the
 1019  department in a manner that defines project objectives, the
 1020  assigned operational and financial responsibilities, the
 1021  timeframe required to develop the service, and the criteria by
 1022  which the success of the project can be judged.
 1023         (d) Any service development project funded under this
 1024  section shall continue to be eligible for such funds only if the
 1025  project reaches a systemwide operating ratio of 25 percent or
 1026  more during the 5th year.
 1027         (b)(e) The term “net operating costs” means all operating
 1028  costs of the project less any federal funds, fares, or other
 1029  sources of income to the project.
 1030         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
 1031         (a) The department, through the Florida Rail Enterprise, is
 1032  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 1033  fund up to 50 percent of the nonfederal share of the costs of
 1034  any eligible passenger rail capital improvement project.
 1035         (b) The department, through the Florida Rail Enterprise, is
 1036  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 1037  fund up to 100 percent of planning and development costs related
 1038  to the provision of a passenger rail system, including, but not
 1039  limited to, preliminary engineering, revenue studies,
 1040  environmental impact studies, financial advisory services,
 1041  engineering design, and other appropriate professional services.
 1042         (c) The department, through the Florida Rail Enterprise, is
 1043  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 1044  fund the high-speed rail system.
 1045         (d) The department, through the Florida Rail Enterprise, is
 1046  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 1047  fund projects necessary to identify or address anticipated
 1048  impacts of increased freight rail traffic resulting from the
 1049  implementation of passenger rail systems as provided in s.
 1050  341.302(3)(b).
 1051         (6) FLORIDA RAIL ENTERPRISE; BUDGET.—
 1052         (a) The Florida Rail Enterprise shall be a single budget
 1053  entity and shall develop a budget pursuant to chapter 216. The
 1054  enterprise’s budget shall be submitted to the Legislature along
 1055  with the department’s budget. All passenger rail funding by the
 1056  department shall be included in this budget entity.
 1057         (b) Notwithstanding the provisions of s. 216.301 to the
 1058  contrary and in accordance with s. 216.351, the Executive Office
 1059  of the Governor shall, on July 1 of each year, certify forward
 1060  all unexpended funds appropriated or provided pursuant to this
 1061  section for the enterprise. Of the unexpended funds certified
 1062  forward, any unencumbered amounts shall be carried forward. Such
 1063  funds carried forward shall not exceed 5 percent of the original
 1064  approved operating budget of the enterprise pursuant to s.
 1065  216.181(1). Funds carried forward pursuant to this section may
 1066  be used for any lawful purpose, including, but not limited to,
 1067  promotional and market activities, technology, and training. Any
 1068  certified-forward funds remaining undisbursed on September 30 of
 1069  each year shall be carried forward.
 1070         Section 9. Section 341.8201, Florida Statutes, is amended
 1071  to read:
 1072         341.8201 Short title.—Sections 341.8201-341.842 may be
 1073  cited as the “Florida High-Speed Rail Enterprise Authority Act.”
 1074         Section 10. Section 341.8202, Florida Statutes, is
 1075  repealed.
 1076         Section 11. Section 341.8203, Florida Statutes, is amended
 1077  to read:
 1078         341.8203 Definitions.—As used in ss. 341.8201-341.842 this
 1079  act, unless the context clearly indicates otherwise, the term:
 1080         (1) “Associated development” means property, equipment,
 1081  buildings, or other related ancillary facilities which are
 1082  built, installed, used, or established to provide financing,
 1083  funding, or revenues for the planning, building, managing, and
 1084  operation of a high-speed rail system and which are associated
 1085  with or part of the rail stations. The term includes air and
 1086  subsurface rights, services that provide local area network
 1087  devices for transmitting data over wireless networks, property,
 1088  including air rights, necessary for joint development, such as
 1089  parking facilities, retail establishments, restaurants, hotels,
 1090  offices, advertising, or other commercial, civic, residential,
 1091  or support facilities, and may also include property necessary
 1092  to protect or preserve the rail station area by reducing urban
 1093  blight or traffic congestion or property necessary to accomplish
 1094  any of the purposes set forth in this subsection which are
 1095  reasonably anticipated or necessary.
 1096         (2) “Enterprise” means the Florida Rail Enterprise.
 1097  “Authority” means the Florida High-Speed Rail Authority and its
 1098  agents. However, for purposes of s. 341.840, the term does not
 1099  include any agent of the authority except as provided in that
 1100  section.
 1101         (3) “Central Florida” means the counties of Lake, Seminole,
 1102  Orange, Osceola, Citrus, Sumter, Volusia, Brevard, Hernando,
 1103  Pasco, Hillsborough, Pinellas, and Polk.
 1104         (4) “DBOM contract” means the document and all concomitant
 1105  rights approved by the authority providing the selected person
 1106  or entity the exclusive right to design, build, operate, and
 1107  maintain a high-speed rail system.
 1108         (5) “DBOM & F contract” means the document and all
 1109  concomitant rights approved by the authority providing the
 1110  selected person or entity the exclusive right to design, build,
 1111  operate, maintain, and finance a high-speed rail system.
 1112         (3)(6) “High-speed rail system” means any high-speed fixed
 1113  guideway system for transporting people or goods, which system
 1114  is, by definition of the United States Department of
 1115  Transportation, reasonably expected to reach speeds of at least
 1116  110 capable of operating at speeds in excess of 120 miles per
 1117  hour, including, but not limited to, a monorail system, dual
 1118  track rail system, suspended rail system, magnetic levitation
 1119  system, pneumatic repulsion system, or other system approved by
 1120  the enterprise authority. The term includes a corridor,
 1121  associated intermodal connectors, and structures essential to
 1122  the operation of the line, including the land, structures,
 1123  improvements, rights-of-way, easements, rail lines, rail beds,
 1124  guideway structures, switches, yards, parking facilities, power
 1125  relays, switching houses, and rail stations and also includes
 1126  facilities or equipment used exclusively for the purposes of
 1127  design, construction, operation, maintenance, or the financing
 1128  of the high-speed rail system.
 1129         (4)(7) “Joint development” means the planning, managing,
 1130  financing, or constructing of projects adjacent to, functionally
 1131  related to, or otherwise related to a high-speed rail system
 1132  pursuant to agreements between any person, firm, corporation,
 1133  association, organization, agency, or other entity, public or
 1134  private.
 1135         (8) “Northeast Florida” means the counties of Nassau,
 1136  Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
 1137         (9) “Northwest Florida” means the counties of Escambia,
 1138  Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson,
 1139  Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, Jefferson,
 1140  Madison, Wakulla, Taylor, Hamilton, Suwannee, Columbia, Baker,
 1141  Union, Lafayette, Gilchrist, Dixie, Bradford, and Levy.
 1142         (5)(10) “Rail station,” “station,” or “high-speed rail
 1143  station” means any structure or transportation facility that is
 1144  part of a high-speed rail system designed to accommodate the
 1145  movement of passengers from one mode of transportation to
 1146  another at which passengers board or disembark from
 1147  transportation conveyances and transfer from one mode of
 1148  transportation to another.
 1149         (6)(11) “Selected person or entity” means the person or
 1150  entity to whom the enterprise authority awards a contract under
 1151  s. 341.834 to establish a high-speed rail system pursuant to ss.
 1152  341.8201-341.842 this act.
 1153         (12) “Southeast Florida” means the counties of Broward,
 1154  Monroe, Miami-Dade, Indian River, St. Lucie, Martin, Okeechobee,
 1155  and Palm Beach.
 1156         (13) “Southwest Florida” means the counties of Manatee,
 1157  Hardee, DeSoto, Sarasota, Highlands, Charlotte, Glades, Lee,
 1158  Hendry, and Collier.
 1159         (14) “Urban areas” means Central Florida, Northeast
 1160  Florida, Northwest Florida, Southeast Florida, and Southwest
 1161  Florida.
 1162         Section 12. Section 341.821, Florida Statutes, is repealed.
 1163         Section 13. Section 341.822, Florida Statutes, is amended
 1164  to read:
 1165         341.822 Powers and duties.—
 1166         (1) The enterprise authority created and established by
 1167  this act shall locate, plan, design, finance, construct,
 1168  maintain, own, operate, administer, and manage the high-speed
 1169  rail system in the state.
 1170         (2)(a) In addition to the powers granted to the department,
 1171  the enterprise has full authority to exercise all powers granted
 1172  to it under this chapter. Powers shall include, but are not
 1173  limited to, the ability to plan, construct, maintain, repair,
 1174  and operate a high-speed rail system, to acquire corridors, and
 1175  to coordinate the development and operation of publicly funded
 1176  passenger rail systems in the state. The authority may exercise
 1177  all powers granted to corporations under the Florida Business
 1178  Corporation Act, chapter 607, except the authority may only
 1179  incur debt in accordance with levels authorized by the
 1180  Legislature.
 1181         (b) It is the express intention of ss. 341.8201-341.842
 1182  that the enterprise be authorized to plan, develop, own,
 1183  purchase, lease, or otherwise acquire, demolish, construct,
 1184  improve, relocate, equip, repair, maintain, operate, and manage
 1185  the high-speed rail system; to expend funds to publicize,
 1186  advertise, and promote the advantages of using the high-speed
 1187  rail system and its facilities; and to cooperate, coordinate,
 1188  partner, and contract with other entities, public and private,
 1189  to accomplish these purposes.
 1190         (3) The authority shall have perpetual succession as a body
 1191  politic and corporate.
 1192         (3)(4) The enterprise shall have the authority to employ
 1193  procurement methods available to the department under chapters
 1194  255, 287, 334, and 337, or otherwise in accordance with law. The
 1195  enterprise may also solicit proposals and, with legislative
 1196  approval as evidenced by approval of the project in the
 1197  department’s work program, enter into agreements with private
 1198  entities, or consortia thereof, for the building, operation,
 1199  ownership, or financing of the high-speed rail system authority
 1200  is authorized to seek and obtain federal matching funds or any
 1201  other funds to fulfill the requirements of this act either
 1202  directly or through the Department of Transportation.
 1203         (4)(5) The authority may employ an executive director of
 1204  the enterprise shall appoint staff, who shall be exempt from
 1205  part II of chapter 110 as it may require and shall determine the
 1206  qualifications and fix the compensation. The authority may
 1207  delegate to one or more of its agents or employees such of its
 1208  power as it deems necessary to carry out the purposes of this
 1209  act, subject always to the supervision and control of the
 1210  authority.
 1211         (5) The powers conferred upon the enterprise under ss.
 1212  341.8201-341.842 shall be in addition and supplemental to the
 1213  existing powers of the department, and these powers shall not be
 1214  construed as repealing any provision of any other law, general
 1215  or local, but shall supersede such other laws that are
 1216  inconsistent with the exercise of the powers provided under ss.
 1217  341.8201-341.842 and provide a complete method for the exercise
 1218  of such powers granted.
 1219         (6) Any proposed rail enterprise project or improvement
 1220  shall be developed in accordance with the Florida Transportation
 1221  Plan and the work program under s. 339.135.
 1222         Section 14. Section 341.8225, Florida Statutes, is created
 1223  to read:
 1224         341.8225 Department of Transportation sole governmental
 1225  entity to acquire, construct, or operate high-speed rail
 1226  projects; exception.—
 1227         (1) No governmental entity other than the department may
 1228  acquire, construct, maintain, or operate the high-speed rail
 1229  system except upon specific authorization of the Legislature.
 1230         (2) Local governmental entities, as defined in s.
 1231  334.03(14), may negotiate with the department for the design,
 1232  right-of-way acquisition, and construction of any component of
 1233  the high-speed rail system within areas of their respective
 1234  jurisdictions or within counties with which they have interlocal
 1235  agreements.
 1236         Section 15. Sections 341.823, 341.824, 341.827, 341.828,
 1237  341.829, 341.830, 341.831, 341.832, 341.833, 341.834, and
 1238  341.835, Florida Statutes, are repealed.
 1239         Section 16. Section 341.836, Florida Statutes, is amended
 1240  to read:
 1241         341.836 Associated development.—
 1242         (1) The enterprise authority, alone or as part of a joint
 1243  development, may undertake development of associated
 1244  developments to be a source of revenue for the establishment,
 1245  construction, operation, or maintenance of the high-speed rail
 1246  system. Such associated developments must be associated with a
 1247  rail station and have pedestrian ingress to and egress from the
 1248  rail station; be consistent, to the extent feasible, with
 1249  applicable local government comprehensive plans and local land
 1250  development regulations; and otherwise be in compliance with ss.
 1251  341.8201-341.842 the provisions of this act.
 1252         (2) Sections 341.8201-341.842 do This act does not prohibit
 1253  the enterprise authority, the selected person or entity, or a
 1254  party to a joint venture with the enterprise authority or its
 1255  selected person or entity from obtaining approval, pursuant to
 1256  any other law, for any associated development that is reasonably
 1257  related to the high-speed rail system.
 1258         Section 17. Section 341.837, Florida Statutes, is repealed.
 1259         Section 18. Section 341.838, Florida Statutes, is amended
 1260  to read:
 1261         341.838 Fares, rates, rents, fees, and charges.—
 1262         (1) The enterprise may establish authority is authorized to
 1263  fix, revise, charge, and collect fares, rates, rents, fees,
 1264  charges, and revenues for the use of and for the services
 1265  furnished, or to be furnished, by the system and to contract
 1266  with any person, partnership, association, corporation, or other
 1267  body, public or private, in respect thereof. Such fares, rates,
 1268  rents, fees, and charges shall be reviewed annually by the
 1269  enterprise authority and may be adjusted as set forth in the
 1270  contract setting such fares, rates, rents, fees, or charges. The
 1271  funds collected pursuant to this section hereunder shall, with
 1272  any other funds available, be used to pay the cost of all
 1273  administrative expenses of the authority, and the cost of
 1274  designing, building, operating, financing, and maintaining the
 1275  system and each and every portion thereof, to the extent that
 1276  the payment of such cost has not otherwise been adequately
 1277  provided for.
 1278         (2) Fares, rates, rents, fees, and charges established
 1279  fixed, revised, charged, and collected by the enterprise
 1280  pursuant to this section shall not be subject to supervision or
 1281  regulation by any other department, commission, board, body,
 1282  bureau, or agency of this state other than the enterprise
 1283  authority.
 1284         Section 19. Section 341.839, Florida Statutes, is amended
 1285  to read:
 1286         341.839 Alternate means.—Sections 341.8201-341.842 The
 1287  foregoing sections of this act shall be deemed to provide an
 1288  additional and alternative method for accomplishing the purposes
 1289  authorized therein, and are shall be regarded as supplemental
 1290  and additional to powers conferred by other laws. Except as
 1291  otherwise expressly provided in ss. 341.8201-341.842 this act,
 1292  none of the powers granted to the enterprise authority under ss.
 1293  341.8201-341.842 are the provisions of this act shall be subject
 1294  to the supervision or require the approval or consent of any
 1295  municipality or political subdivision or any commission, board,
 1296  body, bureau, or official.
 1297         Section 20. Section 341.841, Florida Statutes, is repealed.
 1298         Section 21. Paragraphs (j) and (m) of subsection (2) of
 1299  section 110.205, Florida Statutes, are amended to read:
 1300         110.205 Career service; exemptions.—
 1301         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1302  covered by this part include the following:
 1303         (j) The appointed secretaries and the State Surgeon
 1304  General, assistant secretaries, deputy secretaries, and deputy
 1305  assistant secretaries of all departments; the executive
 1306  directors, assistant executive directors, deputy executive
 1307  directors, and deputy assistant executive directors of all
 1308  departments; the directors of all divisions and those positions
 1309  determined by the department to have managerial responsibilities
 1310  comparable to such positions, which positions include, but are
 1311  not limited to, program directors, assistant program directors,
 1312  district administrators, deputy district administrators, the
 1313  Director of Central Operations Services of the Department of
 1314  Children and Family Services, the State Transportation
 1315  Development Administrator, State Public Transportation and Modal
 1316  Administrator, district secretaries, district directors of
 1317  transportation development, transportation operations,
 1318  transportation support, and the managers of the offices
 1319  specified in s. 20.23(4)(3)(b), of the Department of
 1320  Transportation. Unless otherwise fixed by law, the department
 1321  shall set the salary and benefits of these positions in
 1322  accordance with the rules of the Senior Management Service; and
 1323  the county health department directors and county health
 1324  department administrators of the Department of Health.
 1325         (m) All assistant division director, deputy division
 1326  director, and bureau chief positions in any department, and
 1327  those positions determined by the department to have managerial
 1328  responsibilities comparable to such positions, which positions
 1329  include, but are not limited to:
 1330         1. Positions in the Department of Health and the Department
 1331  of Children and Family Services that are assigned primary duties
 1332  of serving as the superintendent or assistant superintendent of
 1333  an institution.
 1334         2. Positions in the Department of Corrections that are
 1335  assigned primary duties of serving as the warden, assistant
 1336  warden, colonel, or major of an institution or that are assigned
 1337  primary duties of serving as the circuit administrator or deputy
 1338  circuit administrator.
 1339         3. Positions in the Department of Transportation that are
 1340  assigned primary duties of serving as regional toll managers and
 1341  managers of offices, as defined in s. 20.23(4)(3)(b) and
 1342  (5)(4)(c), and captains and majors of the Office of Motor
 1343  Carrier Compliance.
 1344         4. Positions in the Department of Environmental Protection
 1345  that are assigned the duty of an Environmental Administrator or
 1346  program administrator.
 1347         5. Positions in the Department of Health that are assigned
 1348  the duties of Environmental Administrator, Assistant County
 1349  Health Department Director, and County Health Department
 1350  Financial Administrator.
 1351  
 1352  Unless otherwise fixed by law, the department shall set the
 1353  salary and benefits of the positions listed in this paragraph in
 1354  accordance with the rules established for the Selected Exempt
 1355  Service.
 1356         Section 22. Except as otherwise expressly provided in this
 1357  act, this act shall take effect upon becoming a law.