The Florida Senate

341.325  Special powers and duties of the department.--The department is empowered to perform any or all of the following special powers and duties:

(1)  To engage in the planning for a high-speed rail transportation system.

(2)  To prepare and issue requests for proposals for the provision of a high-speed rail transportation system, specifically addressing qualifications of applicants and information essential to aid the department in assessing specific capabilities, facilities, procedures, and mechanisms proposed by applicants for the location, innovative financing, construction, management, or operation of a high-speed rail transportation system and the award of a franchise in accordance with ss. 341.3201-341.386.

(3)  To review the proposals from the applicants, receive and review the reports of all applicable agencies on all matters addressed by ss. 341.3201-341.386, and issue a franchise to an applicant in accordance with ss. 341.3201-341.386.

(4)  To assess a reasonable application fee for each application for a franchise.

(5)  To receive notice of the abandonment of a high-speed rail transportation system or any portion thereof.

(6)  To execute intergovernmental agreements, including, but not limited to, special benefits or tax increment financing initiatives.

(7)  To dispose of any interest in property acquired pursuant to this section for high-speed rail transportation system purposes for fair market value. Any conveyance or disposal of an interest in property shall carry such legally binding terms and conditions as to prevent any damage or liability to the department or the state in the event a franchisee terminates or fails to operate a high-speed rail transportation system under any franchise awarded pursuant to ss. 341.3201-341.386. Notwithstanding the provisions of ss. 341.3201-341.386, any property acquired by eminent domain pursuant to ss. 341.3201-341.386 which is offered for sale because such property is determined to be surplus, or because the franchisee has for any reason abandoned the property, shall be first offered for sale to the owners or heirs of the owners from whom the property was acquired by eminent domain.

(8)  To adopt rules pursuant to chapter 120 to carry out the purposes of ss. 341.3201-341.386 to ensure that the high-speed rail transportation system, including associated development, will not unreasonably interfere with the ability of local governments to develop and implement adequate long-range comprehensive plans for well-planned growth and that local interests are balanced against state interests in establishing the high-speed rail transportation system.

(9)  To enter into agreements for the joint development of properties contiguous to, and necessary or convenient for the operation of, the high-speed rail transportation system.

(10)  To review and approve a proposed conveyance, lease, or other transfer of property or interest from the franchisee to any other party as provided for in the franchise.

(11)  To prepare an annual report of operations.

(12)  To conduct feasibility and planning studies for high-speed rail transportation facilities and services.

(13)  To conduct feasibility studies for the determination of the most promising high-speed rail transportation system corridors within the state.

(14)  To prepare a written analysis, pursuant to s. 341.348, of the agency reports on a certification application with recommendations as to final disposition, and appropriate terms and conditions of certification.

History.--s. 6, ch. 84-207; s. 2, ch. 85-65; s. 87, ch. 90-136; s. 5, ch. 91-429; s. 15, ch. 92-152.