The Florida Senate

341.332  Franchises.--

(1)  The award of a franchise by the department to an applicant is the sole license and authority for the franchisee to establish a high-speed rail transportation system, to enter into postfranchise agreements with the department for the planning, engineering, and designing of each phase of the system, and to apply for certification to construct, operate, and maintain the rail transportation system, or any segment thereof, including transit stations and associated developments.

(2)  The department may award the franchise subject to such terms and conditions, including the posting of a performance bond for the construction and operation of the high-speed rail transportation system, as the department considers appropriate and consistent with the provisions of ss. 341.3201-341.386. The department may not delete, alter, or amend the terms and conditions of the order of the board on the certification. All of the terms and conditions of the order of the board on the certification shall become the terms and conditions of the award of the franchise. The franchisee must comply with all applicable nonprocedural agency rules, regulations, orders, and ordinances unless in the certification the franchisee is expressly exempted, or granted a waiver, from the rules, regulations, orders, and ordinances.

(3)  A franchise shall be awarded for a period of time of no less than 30 years from the date of the award as provided for in the franchise.

(4)  A franchise shall authorize the franchisee to provide service between termini as established by the franchise. However, the award of the franchise shall not be construed to prohibit new or improved service by any railroad company or any rail passenger route existing on January 1, 1993. The franchisee, with the assistance of the department, shall coordinate its facilities and services, as specified in the franchise, with railroad companies or passenger routes and with commuter rail authorities and public transit providers to make effective transportation services available to the public and to provide access to and from the high-speed rail transportation system.

(5)  The franchise may, at the discretion of the department, authorize the franchisee to construct, improve, operate, and maintain transportation facilities, such as railroads other than high-speed rail, on an interim basis as part of an incremental plan to create and establish the high-speed rail transportation system.

(6)  A franchisee shall not convey, lease, or otherwise transfer any high-speed rail transportation system property, any interest in such property, or any improvement constructed upon such property to any other person during the term of the franchise without written approval of the department. The department shall not approve such conveyance, lease, or transfer if, in the opinion of the department, such conveyance, lease, or transfer will adversely affect:

(a)  The overall quality or level of service;

(b)  The overall financial feasibility of the high-speed rail transportation system; or

(c)  The overall continued operation or maintenance of the high-speed rail transportation system.

(7)  The department shall provide terms and conditions in the franchise to ensure that the franchisee will continue operation of the high-speed rail transportation system for the duration of the term of the franchise or, if the franchise is revoked, suspended, or abandoned, that financial and other necessary resources are available to continue operation of the system until another franchisee is selected or until the department determines that operations must cease.

History.--s. 11, ch. 84-207; s. 2, ch. 85-65; s. 15, ch. 87-100; s. 5, ch. 91-429; s. 19, ch. 92-152.