The Florida Senate

341.321  Development of high-speed rail transportation system; legislative findings, policy, purpose, and intent.--

(1)  The intent of ss. 341.3201-341.386 is to further and advance the goals and purposes of the 1984 High Speed Rail Transportation Commission Act; to ensure a harmonious relationship between that act and the various growth management laws enacted by the Legislature including the Local Government Comprehensive Planning and Land Development Regulation Act, ¹ss. 163.3161-163.3215, the Florida State Comprehensive Planning Act of 1972, as amended, ²ss. 186.001-186.031, the Florida Regional Planning Council Act, ³ss. 186.501-186.513, and the State Comprehensive Plan, chapter 187; to promote the implementation of these acts in an effective manner; and to encourage and enhance the establishment of a high-speed rail transportation system connecting the major urban areas of the state as expeditiously as is economically feasible. Furthermore, it is the intent of the Legislature that any high-speed rail line and transit station be consistent to the maximum extent feasible with local comprehensive plans, and that any other development associated with the rail line and transit station shall ultimately be consistent with comprehensive plans. The Legislature therefore reaffirms these enactments and further finds:

(a)  That the implementation of a high-speed rail transportation system in the state will result in overall social and environmental benefits, improvements in ambient air quality, better protection of water quality, greater preservation of wildlife habitat, less use of open space, and enhanced conservation of natural resources and energy.

(b)  That a high-speed rail transportation system, when used in conjunction with sound land use planning, becomes a vigorous force in achieving growth management goals and in encouraging the use of public transportation to augment and implement land use and growth management goals and objectives.

(c)  That urban and social benefits include revitalization of blighted or economically depressed areas, the redirection of growth in a carefully and comprehensively planned manner, and the creation of numerous employment opportunities within inner-city areas.

(d)  That transportation benefits include improved travel times and more reliable travel, hence increased productivity. High-speed rail is far safer than other modes of transportation and, therefore, travel-related deaths and injuries can be reduced, and millions of dollars can be saved from avoided accidents.

(2)  It is the finding of the Legislature that:

(a)  Access to timely and efficient modes of passenger transportation is necessary for Florida's travelers, visitors, and day-to-day commuters; to the quality of life in the state; and to the economy of the state.

(b)  Technological advances in the transportation system can significantly and positively affect the ability of the state to attract and provide efficient services for domestic and international tourists and thus significantly affect the revenues of the state.

(c)  The development and utilization of a properly designed, constructed, and financed high-speed rail transportation system can act as a catalyst for economic growth and development; eliminate unduly long and traffic-congested commutes for day-to-day commuters; create new employment opportunities; create a safer transportation alternative; serve as a positive growth management system for building a better and more environmentally secure state; and promote the health, safety, and welfare of the citizens of the state.

(d)  Sections 341.3201-341.386 are a declaration of legislative intent that the state pursue the development of a high-speed rail transportation system to solve transportation problems and eliminate their negative effect on the citizens of this state.

(e)  Joint development is a necessary planning, financing, management, operation, and construction mechanism to ensure the continued future development of an efficient and economically viable high-speed rail transportation system in this state, without which mechanism the development of such a system may be rendered economically unfeasible.

(f)  The geography of the state is suitable for the construction and efficient operation of a high-speed rail transportation system.

(g)  The public use of the high-speed rail transportation system must be encouraged and assured to achieve the public purpose and objectives set forth in ss. 341.3201-341.386. In order to encourage the public use of the high-speed rail transportation system and to protect the public investment in the system, it is necessary to provide an environment surrounding a high-speed rail transit station which will enhance the safe movement of pedestrians and traffic into and out of the area, assure the personal and property safety of high-speed rail transportation system users while the users are in the area of the station, and eliminate all conditions in the vicinity which constitute economic and social liabilities to the use of the high-speed rail transportation system.

(h)  Areas surrounding certain transit stations may, as a result of slums, blighted conditions, crime, and traffic congestion, pose a serious threat to the use of the high-speed rail transportation system, reduce revenues from users, discourage pedestrian and traffic ingress and egress, retard sound growth and development, impair the public investment, and consume an excessive amount of public revenues in the employment of police and for other forms of public protection to adequately safeguard the users and the high-speed rail transportation system. Such areas may require acquisition, clearance, disposition, or joint private and public development, as provided in ss. 341.3201-341.386, to provide parking lots, stores, retail establishments, restaurants, hotels, office facilities, or other commercial, civic, residential, or support facilities appurtenant or ancillary to the high-speed rail transportation system and transit stations and to otherwise provide for an environment which will encourage the use of, and safeguard, the facility.

(i)  The powers conferred by ss. 341.3201-341.386 are for public uses and purposes for which public funds may be expended and the power of eminent domain may be exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

(3)  Based upon the legislative findings, it is appropriate for the state to enact legislation that authorizes the development of a high-speed rail transportation system in this state utilizing existing publicly owned lands and rights-of-way whenever possible.

(4)  It is the purpose of the Legislature to authorize the Department of Transportation to implement the innovative mechanisms required to effect the joint (public-and-private) venture approach to planning, locating, permitting, managing, financing, constructing, operating, and maintaining an interregional high-speed rail transportation system for the state, including providing incentives for revenue generation, operation, and management by the private sector.

(5)  The legislative intent of ss. 341.3201-341.386 is to establish a centralized and coordinated permitting and planning process for the location of a high-speed rail transportation system and such system's construction, operation, and maintenance in order to enhance and complete the transportation system of this state for travelers, visitors, and day-to-day commuters. This necessarily involves the addressing of several broad interests of the public through the subject matter jurisdictions of several agencies. The Legislature recognizes that the location, construction, operation, and maintenance of a high-speed rail transportation system will have an effect upon the welfare of the population and that a centralized and coordinated permitting and planning process will help to ensure that such system results in minimal adverse effects on the environment and public health, safety, and welfare.

(6)  It is the intent of the Legislature that the first request for proposals be prepared so as not to preclude any of the technologies contained in the conceptual proposals presented to the Governor's High-Speed Rail Committee.

(7)  Upon the legislative findings, the Legislature preempts, by ss. 341.3201-341.386, any question, issue, or determination that the high-speed rail transportation system is needed.

(8)  It is further the intent and purpose of the Legislature in enacting this act to:

(a)  Complement the establishment of the statewide rail transportation system envisioned by s. 341.302 by including as an integral component a high-speed rail transportation system that is competitive with air and automobile travel;

(b)  Facilitate the accomplishment of the State Comprehensive Plan Policy, s. 187.201(20)(b)1., of establishing a high-speed rail system that links the Tampa Bay area, Orlando, and Miami;

(c)  Encourage the creation of a public/private partnership including the state and a private entity franchisee together investing time and resources to develop a high-speed rail transportation system for Florida; and

(d)  Improve overall transportation in Florida by providing for the establishment of a statewide high-speed rail transportation system that may be accomplished on an incremental basis commensurate with available resources and using, if necessary, existing rail or other transportation facilities on an interim basis.

History.--s. 2, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 13, ch. 92-152.

¹Note.--Substituted by the editors for a reference to ss. 163.3616-363.3215 to correct an apparent error.

²Note.--Substituted by the editors for a reference to ss. 186.011-186.031 to correct an apparent error.

³Note.--Substituted by the editors for a reference to ss. 186.501-186.512 to correct an apparent error.