HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 The Committee on State Administration offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Section 341.821, Florida Statutes, is
18 created to read:
19 341.821 Florida High-Speed Rail Authority.--
20 (1) There is created and established a body politic
21 and corporate, an agency of the state, to be known as the
22 "Florida High-Speed Rail Authority," hereinafter referred to
23 as the "authority."
24 (2)(a) The governing board of the authority shall
25 consist of nine voting members appointed as follows:
26 1. Three members shall be appointed by the Governor,
27 one of whom must have a background in the area of
28 environmental concerns, one of whom must have a legislative
29 background, and one of whom must have a general business
30 background.
31 2. Three members shall be appointed by the President
1
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 of the Senate, one of whom must have a background in civil
2 engineering, one of whom must have a background in
3 transportation construction, and one of whom must have a
4 general business background.
5 3. Three members shall be appointed by the Speaker of
6 the House of Representatives, one of whom must have a legal
7 background, one of whom must have a background in financial
8 matters, and one of whom must have a general business
9 background.
10 (b) Members of the governing board shall not be
11 subject to confirmation by the Senate. For the purpose of
12 providing staggered terms, of the initial appointments, three
13 members shall be appointed for terms of 4 years, three members
14 shall be appointed for terms of 3 years, and three members
15 shall be appointed for terms of 2 years. Succeeding terms for
16 all members shall be for terms of 4 years. Initial
17 appointments must be made within 30 days after the effective
18 date of this act.
19 (c) A vacancy occurring during a term shall be filled
20 in the same manner as the original appointment and only for
21 the balance of the unexpired term. An appointment to fill a
22 vacancy shall be made within 60 days after the occurrence of
23 the vacancy.
24 (d) The Secretary of Transportation shall be a
25 nonvoting ex officio member of the board.
26 (e) The board shall elect one of its members as chair
27 of the authority. The chair shall hold office at the will of
28 the board. Five members of the board shall constitute a
29 quorum, and the vote of five members shall be necessary for
30 any action taken by the authority. The authority may meet upon
31 the constitution of a quorum. No vacancy in the authority
2
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 shall impair the right of a quorum of the board to exercise
2 all rights and perform all duties of the authority.
3 (f) The members of the board shall not be entitled to
4 compensation but shall be entitled to receive their travel and
5 other necessary expenses as provided in s. 112.061.
6 (3) Notwithstanding any other law to the contrary, it
7 shall not be or constitute a conflict of interest for a person
8 having a background specified in this section to serve as a
9 member of the authority. However, in each official decision to
10 which this act is applicable, such member's firm or related
11 entity may not have a financial or economic interest nor shall
12 the authority contract with or conduct any business with a
13 member or such member's firm or directly related business
14 entity.
15 (4) The authority shall be assigned to the Department
16 of Transportation for administrative purposes. The authority
17 shall be a separate budget entity, and the executive director
18 shall be its agency head for all purposes. 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 2. 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
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
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.
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 Section 3. (1) The following criteria shall apply in
12 developing the preliminary engineering, preliminary
13 environmental assessment, and recommendations required by this
14 act:
15 (a) The train shall be capable of traveling speeds in
16 excess of 120 miles per hour consisting of dedicated rails or
17 guideways separated from motor vehicle traffic;
18 (b) The initial segments of the system shall be
19 developed and operated between Tampa, Lakeland, and Orlando,
20 with future service to St. Petersburg, Miami, Jacksonville,
21 and Pensacola; and
22 (c) The authority is to develop a model that uses, to
23 the maximum extent feasible, nongovernmental sources of
24 funding for the design, construction, and operation of the
25 system;
26 (2) The authority shall make recommendations
27 concerning:
28 (a) The format and types of information that must be
29 included in a financial or business plan for the high-speed
30 rail system, and the authority may develop that financial or
31 business plan;
4
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 (b) The preferred routes between the cities designated
2 in paragraph (1)(b);
3 (c) The preferred locations for the stations in the
4 cities designated in paragraph (1)(b);
5 (d) The preferred locomotion technology to be employed
6 from constitutional choices of monorail, fixed guideway, or
7 magnetic levitation;
8 (e) Any changes that may be needed in state statutes
9 or federal laws which would make the proposed system eligible
10 for available federal funding; and
11 (f) Any other issues the authority deems relevant to
12 the development of a high-speed rail system;
13 (3) When preparing the operating plan, the authority
14 shall include:
15 (a) The frequency of service between the cities
16 designated in paragraph (1)(b);
17 (b) The proposed fare structure for passenger and
18 freight service;
19 (c) Proposed trip times, system capacity, passenger
20 accommodations, and amenities;
21 (d) Methods to ensure compliance with applicable
22 environmental standards and regulations;
23 (e) A marketing plan, including strategies that can be
24 employed to enhance the utilization of the system;
25 (f) An investment-grade ridership study that meets the
26 criteria specified by applicable bond issuers;
27 (g) Consideration of nonfare revenues that may be
28 derived from:
29 1. The sale of development rights at the stations;
30 2. License, franchise, and lease fees;
31 3. Sale of advertising space on the trains or in the
5
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 stations; and
2 4. Any other potential sources deemed appropriate;
3 (h) An estimate of the total cost of the entire
4 system, including, but not limited to, the costs to:
5 1. Design and build the stations and monorail, fixed
6 guideway, or magnetic levitation system;
7 2. Acquire any necessary rights-of-way; and
8 3. Purchase or lease rolling stock and other equipment
9 necessary to build, operate, and maintain the system;
10 (i) An estimate of the annual operating and
11 maintenance costs for the system and all other associated
12 expenses; and
13 (j) An estimate of the value of assets the state or
14 its political subdivisions may provide as in-kind
15 contributions for the system, including rights-of-way,
16 engineering studies performed for previous high-speed rail
17 initiatives, land for rail stations and necessary maintenance
18 facilities, and any expenses that may be incurred by the state
19 or its political subdivisions to accommodate the installation
20 of the system.
21
22 Whenever applicable and appropriate, the authority shall base
23 estimates of projected costs, expenses, and revenues on
24 documented expenditures or experience derived from similar
25 projects.
26 Section 4. The authority shall prepare a report of its
27 actions, findings, and recommendations and submit the report
28 to the Governor, the President of the Senate, and the Speaker
29 of the House of Representatives on or before January 1, 2002.
30 If statutory changes are recommended, the report shall contain
31 proposed legislation necessary to implement those
6
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 recommendations.
2 Section 5. The Department of Transportation is
3 authorized to prepare and issue, subject to the authority's
4 approval, a request for information and a request for
5 proposals in order for the authority to contract for a
6 consultant to assist the authority in fulfilling the
7 requirements of this act. Furthermore, the authority may
8 enlist assistance or input from the private sector and from
9 existing rail and fixed guideway system vendors or operators,
10 including Amtrak. The Department of Transportation is
11 directed to begin, as soon as possible, collecting and
12 organizing existing research, studies, and reports concerning
13 high-speed rail systems in preparation for the authority's
14 first meeting.
15 Section 6. The Florida Transportation Commission, the
16 Department of Community Affairs, and the Department of
17 Environmental Protection shall, at the authority's request,
18 provide technical, scientific, or other assistance. The
19 Office of Legislative Services shall provide administrative
20 support to the authority, if requested.
21 Section 7. There is appropriated to the authority from
22 funds assigned to the Transportation Outreach Program the sum
23 of $10 million for the purpose of performing its duties under
24 this act. These funds shall be administered by the authority,
25 and the funding for the authority, for its board, and for any
26 consultant under the provisions of this act shall be allocated
27 from this appropriation.
28 Section 8. This act shall take effect upon becoming a
29 law.
30
31
7
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to high-speed rail; creating s.
8 341.821, F.S.; creating the Florida High-Speed
9 Rail Authority; providing membership, terms,
10 organization, and reimbursement of expenses;
11 providing duties of the authority; providing
12 construction relating to specified conflicts of
13 interest with respect to authority members;
14 assigning the authority to the Department of
15 Transportation for administrative purposes;
16 creating s. 341.822, F.S.; providing powers and
17 duties of the authority; authorizing the
18 authority to seek federal funds; providing
19 applicable criteria; requiring submittal of a
20 report; authorizing preparation and submittal
21 of a request for information and a request for
22 proposals; providing for agency assistance;
23 providing an appropriation; providing an
24 effective date.
25
26 WHEREAS, the voters on November 7, 2000, approved a
27 constitutional amendment directing the Legislature, the
28 Cabinet, and the Governor to proceed with development of a
29 high-speed rail system consisting of a monorail, fixed
30 guideway, or magnetic levitation that is capable of speeds in
31 excess of 120 miles per hour, and
8
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841
HOUSE AMENDMENT
Bill No. HB 507 Barcode 590841
Amendment No. ___ (for drafter's use only)
1 WHEREAS, the constitutional amendment called for the
2 high-speed rail system to be developed by the state or a
3 private entity pursuant to state approval and authorization,
4 including the acquisition of right-of-way and the financial
5 design, construction, and operation of the system, and
6 WHEREAS, the selected technology must consist of
7 dedicated rails or guideways that will link the five largest
8 urban areas of the state and provide access to existing air
9 and ground transportation facilities, and
10 WHEREAS, construction of the system must begin on or
11 before November 1, 2003, NOW, THEREFORE,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
File original & 9 copies 03/29/01
hsa0005 05:59 pm 00507-sa -590841