SENATE AMENDMENT
    Bill No. CS/CS/HB 1053, 2nd Eng.
    Amendment No. ___   Barcode 740744
                            CHAMBER ACTION
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11  Senator Laurent moved the following amendment to amendment
12  (510902):
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14         Senate Amendment (with title amendment) 
15         On page 162, between lines 23 and 24,
16  
17  insert:  
18         Section 107.  Section 341.821, Florida Statutes, is
19  created to read:
20         341.821  Florida High-Speed Rail Authority.--
21         (1)  There is created and established a body politic
22  and corporate, an agency of the state, to be known as the
23  "Florida High-Speed Rail Authority," hereinafter referred to
24  as the "authority."
25         (2)(a)  The governing board of the authority shall
26  consist of nine voting members appointed as follows:
27         1.  Three members shall be appointed by the Governor,
28  one of whom must have a background in the area of
29  environmental concerns, one of whom must have a legislative
30  background, and one of whom must have a general business
31  background.
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SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 2. Three members shall be appointed by the President 2 of the Senate, one of whom must have a background in civil 3 engineering, one of whom must have a background in 4 transportation construction, and one of whom must have a 5 general business background. 6 3. Three members shall be appointed by the Speaker of 7 the House of Representatives, one of whom must have a legal 8 background, one of whom must have a background in financial 9 matters, and one of whom must have a general business 10 background. 11 (b) The appointed members shall not be subject to 12 confirmation by the Senate. The initial term of each member 13 appointed by the Governor shall be for 4 years. The initial 14 term of each member appointed by the President of the Senate 15 shall be for 3 years. The initial term of each member 16 appointed by the Speaker of the House of Representatives shall 17 be for 2 years. Succeeding terms for all members shall be for 18 terms of 4 years. Initial appointments must be made within 30 19 days after the effective date of this act. 20 (c) A vacancy occurring during a term shall be filled 21 by the respective appointing authority in the same manner as 22 the original appointment and only for the balance of the 23 unexpired term. An appointment to fill a vacancy shall be made 24 within 60 days after the occurrence of the vacancy. 25 (d) The Secretary of Transportation shall be a 26 nonvoting ex officio member of the board. 27 (e) The board shall elect one of its members as chair 28 of the authority. The chair shall hold office at the will of 29 the board. Five members of the board shall constitute a 30 quorum, and the vote of five members shall be necessary for 31 any action taken by the authority. The authority may meet upon 2 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 the constitution of a quorum. No vacancy in the authority 2 shall impair the right of a quorum of the board to exercise 3 all rights and perform all duties of the authority. 4 (f) The members of the board shall not be entitled to 5 compensation but shall be entitled to receive their travel and 6 other necessary expenses as provided in s. 112.061. 7 (3) Notwithstanding any other law to the contrary, it 8 shall not be or constitute a conflict of interest for a person 9 having a background specified in this section to serve as a 10 member of the authority. However, in each official decision to 11 which this act is applicable, such member's firm or related 12 entity may not have a financial or economic interest nor shall 13 the authority contract with or conduct any business with a 14 member or such member's firm or directly related business 15 entity. 16 (4) The authority shall be assigned to the Department 17 of Transportation for administrative purposes. The authority 18 shall be a separate budget entity. The Department of 19 Transportation shall provide administrative support and 20 service to the authority to the extent requested by the chair 21 of the authority. The authority shall not be subject to 22 control, supervision, or direction by the Department of 23 Transportation in any manner, including, but not limited to, 24 personnel, purchasing, transactions involving real or personal 25 property, and budgetary matters. 26 Section 108. Section 341.822, Florida Statutes, is 27 created to read: 28 341.822 Powers and duties.-- 29 (1)(a) The authority created and established by this 30 act shall plan, administer, and manage the preliminary 31 engineering and preliminary environmental assessment of the 3 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 intrastate high-speed rail system in the state, hereinafter 2 referred to as "intrastate high-speed rail." 3 (b) The authority may exercise all powers granted to 4 corporations under the Florida Business Corporation Act, 5 chapter 607, except the authority may not incur debt. 6 (c) The authority shall have perpetual succession as a 7 body politic and corporate. 8 (d) The authority is authorized to seek federal 9 matching funds or any other funds to fulfill the requirements 10 of this act. 11 (e) The authority may employ an executive director, 12 permanent or temporary, as it may require and shall determine 13 the qualifications and fix the compensation. The authority may 14 delegate to one or more of its agents or employees such of its 15 power as it deems necessary to carry out the purposes of this 16 act, subject always to the supervision and control of the 17 authority. 18 Section 109. (1) The following criteria shall apply 19 in developing the preliminary engineering, preliminary 20 environmental assessment, and recommendations required by this 21 act: 22 (a) The system shall be capable of traveling speeds in 23 excess of 120 miles per hour consisting of dedicated rails or 24 guideways separated from motor vehicle traffic; 25 (b) The initial segments of the system will be 26 developed and operated between St. Petersburg, Tampa, and 27 Orlando, with future service to Miami; 28 (c) The authority is to develop a model that uses, to 29 the maximum extent feasible, nongovernmental sources of 30 funding for the design, construction, and operation of the 31 system; 4 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 (2) The authority shall make recommendations 2 concerning: 3 (a) The format and types of information that must be 4 included in a financial or business plan for the high-speed 5 rail system, and the authority may develop that financial or 6 business plan; 7 (b) The preferred routes between the cities designated 8 in paragraph (1)(b); 9 (c) The preferred locations for the stations in the 10 cities designated in paragraph (1)(b); 11 (d) The preferred locomotion technology to be employed 12 from constitutional choices of monorail, fixed guideway, or 13 magnetic levitation; 14 (e) Any changes that may be needed in state statutes 15 or federal laws which would make the proposed system eligible 16 for available federal funding; and 17 (f) Any other issues the authority deems relevant to 18 the development of a high-speed rail system. 19 (3) When preparing the operating plan, the authority 20 shall include: 21 (a) The frequency of service between the cities 22 designated in paragraph (1)(b); 23 (b) The proposed fare structure for passenger and 24 freight service; 25 (c) Proposed trip times, system capacity, passenger 26 accommodations, and amenities; 27 (d) Methods to ensure compliance with applicable 28 environmental standards and regulations; 29 (e) A marketing plan, including strategies that can be 30 employed to enhance the utilization of the system; 31 (f) A detailed planning-level ridership study; 5 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 (g) Consideration of nonfare revenues that may be 2 derived from: 3 1. The sale of development rights at the stations; 4 2. License, franchise, and lease fees; 5 3. Sale of advertising space on the trains or in the 6 stations; and 7 4. Any other potential sources deemed appropriate. 8 (h) An estimate of the total cost of the entire 9 system, including, but not limited to, the costs to: 10 1. Design and build the stations and monorail, fixed 11 guideway, or magnetic levitation system; 12 2. Acquire any necessary rights-of-way; 13 3. Purchase or lease rolling stock and other equipment 14 necessary to build, operate, and maintain the system. 15 (i) An estimate of the annual operating and 16 maintenance costs for the system and all other associated 17 expenses. 18 (j) An estimate of the value of assets the state or 19 its political subdivisions may provide as in-kind 20 contributions for the system, including rights-of-way, 21 engineering studies performed for previous high-speed rail 22 initiatives, land for rail stations and necessary maintenance 23 facilities, and any expenses that may be incurred by the state 24 or its political subdivisions to accommodate the installation 25 of the system. 26 (k) An estimate of the funding required per year from 27 state funds for the next 30 years for operating the preferred 28 routes between the cities designated in paragraph (1)(b). 29 30 Whenever applicable and appropriate, the authority will base 31 estimates of projected costs, expenses, and revenues on 6 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 documented expenditures or experience derived from similar 2 projects. 3 Section 110. The authority shall prepare a report of 4 its actions, findings, and recommendations and submit the 5 report to the Governor, the President of the Senate, and the 6 Speaker of the House of Representatives on or before January 7 1, 2002. If statutory changes are recommended, the report 8 shall contain proposed legislation necessary to implement 9 those recommendations. 10 Section 111. The Department of Transportation may 11 prepare and issue a request for information from 12 private-sector entities regarding their interest in 13 participating in financing, building, and operating the 14 high-speed rail system in this state, and may issue a request 15 for proposals in order for the authority to contract with a 16 consultant to assist the authority in fulfilling the 17 requirements of this act. Furthermore, the authority may 18 enlist assistance or input from the private sector and from 19 existing rail and fixed guideway system vendors or operators, 20 including Amtrak. The Department of Transportation is directed 21 to begin, as soon as possible, collecting and organizing 22 existing research, studies, and reports concerning high-speed 23 rail systems in preparation for the authority's first meeting. 24 Section 112. The Florida Transportation Commission, 25 the Department of Community Affairs, and the Department of 26 Environmental Protection shall, at the authority's request, 27 provide technical, scientific, or other assistance. 28 Section 113. There is appropriated from funds assigned 29 to the Transportation Outreach Program to the authority the 30 sum of $4,500,000 for the purpose of performing its duties 31 under this act. These funds shall be administered by the 7 1:44 PM 05/03/01 h1053c2c-17r0a
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 740744 1 authority, and the funding for the authority, for its board, 2 and for any consultant under the provisions of this act shall 3 be allocated from this appropriation. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 172, line 9, after the semicolon 11 12 insert: 13 creating s. 341.821, F.S.; creating the Florida 14 High-Speed Rail Authority; providing 15 membership, terms, organization, and 16 reimbursement of expenses; providing duties of 17 the authority; relating to specified conflicts 18 of interest with respect to authority members; 19 assigning the authority to the Department of 20 Transportation for administrative purposes; 21 providing for future legislative review and 22 repeal; creating s. 341.822, F.S.; providing 23 powers and duties of the authority; authorizing 24 the authority to seek federal funds; providing 25 applicable criteria; requiring submittal of a 26 report; authorizing the department to issue 27 requests for information and proposals; 28 authorizing the authority to request assistance 29 from the private sector; providing for agency 30 assistance; providing an appropriation; 31 8 1:44 PM 05/03/01 h1053c2c-17r0a