House Bill hb0489e3
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HB 489, Third Engrossed
1 A bill to be entitled
2 An act relating to high-speed rail; creating s.
3 341.821, F.S.; creating the Florida High-Speed
4 Rail Authority; providing membership, terms,
5 organization, and reimbursement of expenses;
6 providing duties of the authority; relating to
7 specified conflicts of interest with respect to
8 authority members; assigning the authority to
9 the Department of Transportation for
10 administrative purposes; providing for future
11 legislative review and repeal; creating s.
12 341.822, F.S.; providing powers and duties of
13 the authority; authorizing the authority to
14 seek federal funds; providing applicable
15 criteria; requiring submittal of a report;
16 authorizing the department to issue requests
17 for information and proposals; authorizing the
18 authority to request assistance from the
19 private sector; providing for agency
20 assistance; providing an appropriation;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 341.821, Florida Statutes, is
26 created to read:
27 341.821 Florida High-Speed Rail Authority.--
28 (1) There is created and established a body politic
29 and corporate, an agency of the state, to be known as the
30 "Florida High-Speed Rail Authority," hereinafter referred to
31 as the "authority."
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HB 489, Third Engrossed
1 (2)(a) The governing board of the authority shall
2 consist of nine voting members appointed as follows:
3 1. Three members shall be appointed by the Governor,
4 one of whom must have a background in the area of
5 environmental concerns, one of whom must have a legislative
6 background, and one of whom must have a general business
7 background.
8 2. Three members shall be appointed by the President
9 of the Senate, one of whom must have a background in civil
10 engineering, one of whom must have a background in
11 transportation construction, and one of whom must have a
12 general business background.
13 3. Three members shall be appointed by the Speaker of
14 the House of Representatives, one of whom must have a legal
15 background, one of whom must have a background in financial
16 matters, and one of whom must have a general business
17 background.
18 (b) The appointed members shall not be subject to
19 confirmation by the Senate. The initial term of each member
20 appointed by the Governor shall be for 4 years. The initial
21 term of each member appointed by the President of the Senate
22 shall be for 3 years. The initial term of each member
23 appointed by the Speaker of the House of Representatives shall
24 be for 2 years. Succeeding terms for all members shall be for
25 terms of 4 years. Initial appointments must be made within 30
26 days after the effective date of this act.
27 (c) A vacancy occurring during a term shall be filled
28 by the respective appointing authority in the same manner as
29 the original appointment and only for the balance of the
30 unexpired term. An appointment to fill a vacancy shall be made
31 within 60 days after the occurrence of the vacancy.
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HB 489, Third Engrossed
1 (d) The Secretary of Transportation shall be a
2 nonvoting ex officio member of the board.
3 (e) The board shall elect one of its members as chair
4 of the authority. The chair shall hold office at the will of
5 the board. Five members of the board shall constitute a
6 quorum, and the vote of five members shall be necessary for
7 any action taken by the authority. The authority may meet upon
8 the constitution of a quorum. No vacancy in the authority
9 shall impair the right of a quorum of the board to exercise
10 all rights and perform all duties of the authority.
11 (f) The members of the board shall not be entitled to
12 compensation but shall be entitled to receive their travel and
13 other necessary expenses as provided in s. 112.061.
14 (3) Notwithstanding any other law to the contrary, it
15 shall not be or constitute a conflict of interest for a person
16 having a background specified in this section to serve as a
17 member of the authority. However, in each official decision to
18 which this act is applicable, such member's firm or related
19 entity may not have a financial or economic interest nor shall
20 the authority contract with or conduct any business with a
21 member or such member's firm or directly related business
22 entity.
23 (4) The authority shall be assigned to the Department
24 of Transportation for administrative purposes. The authority
25 shall be a separate budget entity. The Department of
26 Transportation shall provide administrative support and
27 service to the authority to the extent requested by the chair
28 of the authority. The authority shall not be subject to
29 control, supervision, or direction by the Department of
30 Transportation in any manner, including, but not limited to,
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HB 489, Third Engrossed
1 personnel, purchasing, transactions involving real or personal
2 property, and budgetary matters.
3 Section 2. Section 341.822, Florida Statutes, is
4 created to read:
5 341.822 Powers and duties.--
6 (1)(a) The authority created and established by this
7 act shall plan, administer, and manage the preliminary
8 engineering and preliminary environmental assessment of the
9 intrastate high-speed rail system in the state, hereinafter
10 referred to as "intrastate high-speed rail."
11 (b) The authority may exercise all powers granted to
12 corporations under the Florida Business Corporation Act,
13 chapter 607, except the authority may not incur debt.
14 (c) The authority shall have perpetual succession as a
15 body politic and corporate.
16 (d) The authority is authorized to seek federal
17 matching funds or any other funds to fulfill the requirements
18 of this act.
19 (e) The authority may employ an executive director,
20 permanent or temporary, as it may require and shall determine
21 the qualifications and fix the compensation. The authority may
22 delegate to one or more of its agents or employees such of its
23 power as it deems necessary to carry out the purposes of this
24 act, subject always to the supervision and control of the
25 authority.
26 Section 3. (1) The following criteria shall apply in
27 developing the preliminary engineering, preliminary
28 environmental assessment, and recommendations required by this
29 act:
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HB 489, Third Engrossed
1 (a) The system shall be capable of traveling speeds in
2 excess of 120 miles per hour consisting of dedicated rails or
3 guideways separated from motor vehicle traffic;
4 (b) The initial segments of the system will be
5 developed and operated between St. Petersburg, Tampa, and
6 Orlando, with future service to Miami;
7 (c) The authority is to develop a model that uses, to
8 the maximum extent feasible, nongovernmental sources of
9 funding for the design, construction, and operation of the
10 system;
11 (2) The authority shall make recommendations
12 concerning:
13 (a) The format and types of information that must be
14 included in a financial or business plan for the high-speed
15 rail system, and the authority may develop that financial or
16 business plan;
17 (b) The preferred routes between the cities designated
18 in paragraph (1)(b);
19 (c) The preferred locations for the stations in the
20 cities designated in paragraph (1)(b);
21 (d) The preferred locomotion technology to be employed
22 from constitutional choices of monorail, fixed guideway, or
23 magnetic levitation;
24 (e) Any changes that may be needed in state statutes
25 or federal laws which would make the proposed system eligible
26 for available federal funding; and
27 (f) Any other issues the authority deems relevant to
28 the development of a high-speed rail system.
29 (3) When preparing the operating plan, the authority
30 shall include:
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HB 489, Third Engrossed
1 (a) The frequency of service between the cities
2 designated in paragraph (1)(b);
3 (b) The proposed fare structure for passenger and
4 freight service;
5 (c) Proposed trip times, system capacity, passenger
6 accommodations, and amenities;
7 (d) Methods to ensure compliance with applicable
8 environmental standards and regulations;
9 (e) A marketing plan, including strategies that can be
10 employed to enhance the utilization of the system;
11 (f) A detailed planning-level ridership study;
12 (g) Consideration of nonfare revenues that may be
13 derived from:
14 1. The sale of development rights at the stations;
15 2. License, franchise, and lease fees;
16 3. Sale of advertising space on the trains or in the
17 stations; and
18 4. Any other potential sources deemed appropriate.
19 (h) An estimate of the total cost of the entire
20 system, including, but not limited to, the costs to:
21 1. Design and build the stations and monorail, fixed
22 guideway, or magnetic levitation system;
23 2. Acquire any necessary rights-of-way;
24 3. Purchase or lease rolling stock and other equipment
25 necessary to build, operate, and maintain the system.
26 (i) An estimate of the annual operating and
27 maintenance costs for the system and all other associated
28 expenses.
29 (j) An estimate of the value of assets the state or
30 its political subdivisions may provide as in-kind
31 contributions for the system, including rights-of-way,
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HB 489, Third Engrossed
1 engineering studies performed for previous high-speed rail
2 initiatives, land for rail stations and necessary maintenance
3 facilities, and any expenses that may be incurred by the state
4 or its political subdivisions to accommodate the installation
5 of the system.
6 (k) An estimate of the funding required per year from
7 state funds for the next 30 years for operating the preferred
8 routes between the cities designated in paragraph (1)(b).
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10 Whenever applicable and appropriate, the authority will base
11 estimates of projected costs, expenses, and revenues on
12 documented expenditures or experience derived from similar
13 projects.
14 Section 4. The authority shall prepare a report of its
15 actions, findings, and recommendations and submit the report
16 to the Governor, the President of the Senate, and the Speaker
17 of the House of Representatives on or before January 1, 2002.
18 If statutory changes are recommended, the report shall contain
19 proposed legislation necessary to implement those
20 recommendations.
21 Section 5. The Department of Transportation may
22 prepare and issue a request for information from
23 private-sector entities regarding their interest in
24 participating in financing, building, and operating the
25 high-speed rail system in this state, and may issue a request
26 for proposals in order for the authority to contract with a
27 consultant to assist the authority in fulfilling the
28 requirements of this act. Furthermore, the authority may
29 enlist assistance or input from the private sector and from
30 existing rail and fixed guideway system vendors or operators,
31 including Amtrak. The Department of Transportation is directed
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HB 489, Third Engrossed
1 to begin, as soon as possible, collecting and organizing
2 existing research, studies, and reports concerning high-speed
3 rail systems in preparation for the authority's first meeting.
4 Section 6. The Florida Transportation Commission, the
5 Department of Community Affairs, and the Department of
6 Environmental Protection shall, at the authority's request,
7 provide technical, scientific, or other assistance.
8 Section 7. There is appropriated from funds assigned
9 to the Transportation Outreach Program to the authority the
10 sum of $4,500,000 for the purpose of performing its duties
11 under this act. These funds shall be administered by the
12 authority, and the funding for the authority, for its board,
13 and for any consultant under the provisions of this act shall
14 be allocated from this appropriation.
15 Section 8. This act shall take effect upon becoming a
16 law.
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