Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. PCS (730310) for CS for SB 1132
Barcode 632806
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/25/2013 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1733 - 1734
4 and insert:
5 Section 44. New subsections (2) and (7) are added to
6 section 341.8203, Florida Statutes, to read:
7 341.8203 Definitions.—As used in ss. 341.8201-341.842,
8 unless the context clearly indicates otherwise, the term:
9 (1) “Associated development” means property, equipment,
10 buildings, or other related facilities which are built,
11 installed, used, or established to provide financing, funding,
12 or revenues for the planning, building, managing, and operation
13 of a high-speed rail system and which are associated with or
14 part of the rail stations. The term includes air and subsurface
15 rights, services that provide local area network devices for
16 transmitting data over wireless networks, parking facilities,
17 retail establishments, restaurants, hotels, offices,
18 advertising, or other commercial, civic, residential, or support
19 facilities.
20 (2) “Communication facilities” means the communication
21 systems related to high-speed passenger rail operations,
22 including those which are built, installed, used, or established
23 for the planning building, managing, and operating of a high
24 speed rail system. The term includes the land, structures,
25 improvements, rights-of-way, easements, positive train control
26 system, wireless communication towers and facilities that are
27 designed to provide voice and data services for the safe and
28 efficient operation of the high-speed rail system and as
29 amenities that may be made available to crew and passengers as
30 part of a high-speed rail service, and any other facilities or
31 equipment used for operation of, or the facilitation of
32 communications for, a high-speed rail system.
33 (3)(2)“Enterprise” means the Florida Rail Enterprise.
34 (4)(3) “High-speed rail system” means any high-speed fixed
35 guideway system for transporting people or goods, which system
36 is, by definition of the United States Department of
37 Transportation, reasonably expected to reach speeds of at least
38 110 miles per hour, including, but not limited to, a monorail
39 system, dual track rail system, suspended rail system, magnetic
40 levitation system, pneumatic repulsion system, or other system
41 approved by the enterprise. The term includes a corridor,
42 associated intermodal connectors, and structures essential to
43 the operation of the line, including the land, structures,
44 improvements, rights-of-way, easements, rail lines, rail beds,
45 guideway structures, switches, yards, parking facilities, power
46 relays, switching houses, and rail stations and also includes
47 facilities or equipment used exclusively for the purposes of
48 design, construction, operation, maintenance, or the financing
49 of the high-speed rail system.
50 (5)(4) “Joint development” means the planning, managing,
51 financing, or constructing of projects adjacent to, functionally
52 related to, or otherwise related to a high-speed rail system
53 pursuant to agreements between any person, firm, corporation,
54 association, organization, agency, or other entity, public or
55 private.
56 (6)(5) “Rail station,” “station,” or “high-speed rail
57 station” means any structure or transportation facility that is
58 part of a high-speed rail system designed to accommodate the
59 movement of passengers from one mode of transportation to
60 another at which passengers board or disembark from
61 transportation conveyances and transfer from one mode of
62 transportation to another.
63 (7) “Railroad company” means a person developing, or
64 providing service on, a high-speed rail system.
65 (8)(6) “Selected person or entity” means the person or
66 entity to whom the enterprise awards a contract to establish a
67 high-speed rail system pursuant to ss. 341.8201-341.842.
68 Section 45. Paragraph (c) is added to subsection (2) of
69 section 341.822, Florida Statutes, to read:
70 341.822 Powers and duties.—
71 (2)(a) In addition to the powers granted to the department,
72 the enterprise has full authority to exercise all powers granted
73 to it under this chapter. Powers shall include, but are not
74 limited to, the ability to plan, construct, maintain, repair,
75 and operate a high-speed rail system, to acquire corridors, and
76 to coordinate the development and operation of publicly funded
77 passenger rail systems in the state.
78 (b) It is the express intention of ss. 341.8201-341.842
79 that the enterprise be authorized to plan, develop, own,
80 purchase, lease, or otherwise acquire, demolish, construct,
81 improve, relocate, equip, repair, maintain, operate, and manage
82 the high-speed rail system; to expend funds to publicize,
83 advertise, and promote the advantages of using the high-speed
84 rail system and its facilities; and to cooperate, coordinate,
85 partner, and contract with other entities, public and private,
86 to accomplish these purposes.
87 (c) The enterprise shall establish a process to issue
88 permits to railroad companies for the construction of
89 communication facilities within a new or existing public or
90 private high-speed rail system. The enterprise may adopt rules
91 to administer such permits, including rules regarding the form,
92 content, and necessary supporting documentation for permit
93 applications, the process for submitting applications, and the
94 application fee for a permit under s. 341.825.
95 Section 46. Section 341.825, Florida Statutes, is created
96 to read:
97 341.825 Communication facilities.—
98 (1) LEGISLATIVE INTENT.—The Legislature intends to:
99 (a) Establish a streamlined process to authorize the
100 location, construction, operation, and maintenance of
101 communication facilities within new and existing high-speed rail
102 systems.
103 (b) Expedite the expansion of the high-speed rail system’s
104 wireless voice and data coverage and capacity for the safe and
105 efficient operation of the high-speed rail system and the
106 safety, use, and efficiency of its crew and passengers as a
107 critical communication facilities component.
108 (2) APPLICATION SUBMISSION.—A railroad company may submit
109 to the enterprise an application to obtain a permit to construct
110 communication facilities within a new or existing high speed
111 rail system. The application shall include an application fee
112 that shall not exceed $10,000, which shall be deposited into the
113 State Transportation Trust Fund. The application shall include
114 the following information:
115 (a) The location of the proposed communication facilities.
116 (b) A description of the proposed communication facilities.
117 (c) Any other information reasonably required by the
118 enterprise.
119 (3) APPLICATION REVIEW.—The enterprise shall review each
120 application for completeness within 30 days after receipt of the
121 application.
122 (a) If the enterprise determines that an application is not
123 complete, the enterprise shall, within 30 days after the receipt
124 of the initial application, notify the applicant in writing of
125 any errors or omissions. An applicant shall have 30 days within
126 which to correct the errors or omissions in the initial
127 application.
128 (b) If the enterprise determines that an application is
129 complete, the enterprise shall act upon the permit application
130 within 60 days of the receipt of the completed application by
131 approving in whole, approving with conditions as the enterprise
132 deems appropriate, or denying the application, and stating the
133 reason for issuance or denial. In determining whether an
134 application should be approved, approved with modifications or
135 conditions, or denied, the enterprise shall consider the extent
136 to which the proposed communication facilities:
137 1. Are located in a manner that is appropriate for the
138 communication technology specified by the applicant.
139 2. Serve an existing or projected future need for
140 communication facilities.
141 3. Provide sufficient wireless voice and data coverage and
142 capacity for the safe and efficient operation of the high-speed
143 rail system and the safety, use, and efficiency of its crew and
144 passengers.
145 (4) EFFECT OF PERMIT.—Subject to the conditions set forth
146 therein, a permit issued by the enterprise shall constitute the
147 sole permit of the state and any agency as to the approval of
148 the location, construction, operation, and maintenance of the
149 communication facilities within the new or existing high speed
150 rail system.
151 (a) A permit authorizes the permittee to locate, construct,
152 operate, and maintain the communication facilities within a new
153 or existing high speed rail system, subject only to the
154 conditions set forth in the permit. Such activities are not
155 subject to local government land use or zoning regulations.
156 (b) A permit may include conditions that constitute
157 variances and exemptions from rules of the enterprise or any
158 other agency, which would otherwise be applicable to the
159 communication facilities within the new or existing high speed
160 rail system.
161 (c) The permit shall be in lieu of any license, permit,
162 certificate, or similar document required by any state,
163 regional, or local agency under, but not limited to, chapter
164 125, chapter 161, chapter 163, chapter 166, chapter 186, chapter
165 253, chapter 258, chapter 298, chapter 373, chapter 376, chapter
166 379, chapter 380, chapter 381, chapter 403, chapter 404, chapter
167 553, and the Florida Transportation Code.
168 (d) If any provision of this section is in conflict with
169 any other provision, limitation, or restriction under any law,
170 rule, regulation, or ordinance of this state or any political
171 subdivision, municipality, or agency, this section shall control
172 and such law, rule, regulation, or ordinance shall be deemed
173 superseded. Nothing in this section is intended to impose
174 procedures or restrictions on railroad companies that are
175 subject to the exclusive jurisdiction of the federal Surface
176 Transportation Board pursuant to the Interstate Commerce
177 Commission Termination Act of 1995, 49 U.S.C. ss. 10101, et seq.
178 (5) MODIFICATION OF PERMIT.—A permit may be modified by the
179 applicant after issuance upon the filing of a petition with the
180 enterprise.
181 (a) A petition for modification must set forth the proposed
182 modification and the factual reasons asserted for the
183 modification.
184 (b) The enterprise shall act upon the petition within 30
185 days by approving or denying the application, and stating the
186 reason for issuance or denial.
187 Section 47. Paragraph (b) of subsection (2) of section
188 341.840, is amended to read:
189 341.840 Tax exemption.—
190 (2)
191 (b) For the purposes of this section, any item or property
192 that is within the definition of the term “associated
193 development” in s. 341.8203(1) may not be considered part of the
194 high-speed rail system as defined in s. 341.3203(4) 341.8203(3).
195
196 ================= T I T L E A M E N D M E N T ================
197 And the title is amended as follows:
198 Delete line 151
199 and insert:
200 of the intermodal development program; amending s.
201 341.3203, F.S.; defining the terms “communication
202 facilities” and “railroad company;” amending s.
203 341.822, F.S.; directing the Florida Rail Enterprise
204 to establish a process to issue permits to railroad
205 companies for the construction of communication
206 facilities within a new or existing public or private
207 high-speed rail system; authorizing the enterprise to
208 adopt rules to administer the permits, including rules
209 regarding the application, submission of the
210 application, and an application fee; providing
211 Legislative intent; authorizing a railroad company to
212 submit to the enterprise an appl8ication to obtain a
213 permit to construct communication facilities within a
214 new or existing high-speed rail system; limiting the
215 application fee; requiring the application fee to be
216 deposited into the State Transportation Trust Fund;
217 specifying information to be included in the
218 application; directing the enterprise to review each
219 application for completeness within 30 days of
220 receipt; requiring the enterprise to provide a
221 specified notice in writing of an incomplete
222 application; providing an application 30 days within
223 which to correct errors or omissions in the initial
224 application; requiring the enterprise to act upon
225 complete applications within 60 days of receipt;
226 providing criteria for enterprise consideration in
227 determining whether an application should be approved,
228 approved with modifications or conditions, or denied;
229 providing that a permit issued by the enterprise
230 constitutes the sole permit of the state or any agency
231 as to approval of communication facilities within the
232 new or existing high-speed rail system; providing that
233 a permit authorizes the location, construction,
234 operation, and maintenance of the communication
235 facilities, subject only to conditions set forth in
236 the permit; providing that such activities are not
237 subject to local government land use or zoning
238 regulations; authorizing a permit to include
239 conditions constituting variances and exemptions from
240 rules of the enterprise or any other agency; providing
241 that the permit is in lieu of any license, permit,
242 certification, or similar document required by any
243 state, regional, or local agency under, but not
244 limited to, certain provisions of law; providing that
245 the section controls and supersedes any conflicting
246 law, rule, regulation, or ordinance; providing that
247 the section is not intended to impose restrictions on
248 railroad companies that are subject to certain federal
249 law; providing a procedure for modification of a
250 permit; revising a cross-reference; amending s.