SENATE AMENDMENT
    Bill No. CS/HB 1839, 1st Eng.
    Amendment No. ___   Barcode 323378
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (14) is added to section
18  339.137, Florida Statutes, to read:
19         339.137  Transportation Outreach Program (TOP)
20  supporting economic development; administration; definitions;
21  eligible projects; Transportation Outreach Program (TOP)
22  advisory council created; limitations; funding.--
23         (14)  Notwithstanding this section, project
24  applications may not be accepted by the department for fiscal
25  year 2003-2004, new council members may not be selected until
26  July 1, 2003, and funds designated for the Transportation
27  Outreach Program for fiscal year 2003-2004, shall be allocated
28  by the department to its districts in accordance with section
29  339.135(4).
30         Section 2.  Subsections (2), (3), and (6), of section
31  339.2817, Florida Statutes, are amended to read:
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SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 339.2817 County Incentive Grant Program.-- 2 (2) To be eligible for consideration, projects must be 3 consistent with applicable local government comprehensive 4 plans and, to the maximum extent feasible, with local 5 metropolitan planning organization plans and local government 6 comprehensive plans. 7 (3) The department must consider, but is not limited 8 to, the following criteria for evaluation of projects for 9 County Incentive Grant Program assistance: 10 (a) The extent to which the project will encourage, 11 enhance, or create economic benefits; 12 (b) The likelihood that assistance would enable the 13 project to proceed at an earlier date than the project could 14 otherwise proceed; 15 (c) The extent to which assistance would foster 16 innovative public-private partnerships and attract private 17 debt or equity investment; 18 (d) The extent to which the project uses new 19 technologies, including intelligent transportation systems, 20 which enhance the efficiency of the project; 21 (e) The extent to which the project helps to maintain 22 or protect the environment; and 23 (f) The extent to which the project includes 24 transportation benefits for improving intermodalism and 25 safety;. 26 (g) The extent to which the county has enacted local 27 option fuel taxes and other dedicated local revenue sources or 28 adopted the 1-percent infrastructure sales surtax or the small 29 county surtax, with priority spending dedicated to 30 transportation improvements; and 31 (h) The extent to which the project incorporates 2 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 corridor management techniques, including access management 2 strategies, right-of-way acquisition or protection measures, 3 and appropriate zoning and setback controls. 4 (6) A municipality may apply to the county in which 5 the municipality is located for consideration by the county 6 for funding under this section of any project or project phase 7 of a transportation facility which is located on the State 8 Highway System or which is demonstrated to relieve congestion 9 on the State Highway System. The county must evaluate all 10 municipal applications as provided in subsection (3). If the 11 proposed project is determined by the county to meet the 12 criteria in subsection (3), the county shall send the 13 application to the department on behalf of the municipality. 14 If the proposed project is approved by the department, the 15 county may retain project oversight authority and 16 responsibility for the project on behalf of the municipality. 17 If a municipality's proposed project is rejected by the county 18 for funding under this section, or if the county's proposed 19 project adversely affects a municipality within the county, 20 the municipality may request mediation to resolve any concerns 21 of the municipality and the county. 22 Section 3. For fiscal years 2003-2004 and 2004-2005, 23 the department shall allocate a maximum of $30 million to 24 projects seeking County Incentive Grant Program grants and 25 Small County Outreach Program grants. Up to 20 percent of such 26 funds shall be used for the purpose of implementing the Small 27 County Outreach Program. For fiscal year 2005-2006 the 28 department shall allocate a maximum of $4 million to projects 29 seeking County Incentive Program Grants and Small County 30 Outreach Program Grants. Up to 20 percent of such funds shall 31 be used for the purpose of implementing the Small County 3 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Outreach Program. 2 Section 4. Paragraphs (a) and (d) of subsection (2) 3 and subsection (6) of section 212.055, Florida Statutes, are 4 amended to read: 5 212.055 Discretionary sales surtaxes; legislative 6 intent; authorization and use of proceeds.--It is the 7 legislative intent that any authorization for imposition of a 8 discretionary sales surtax shall be published in the Florida 9 Statutes as a subsection of this section, irrespective of the 10 duration of the levy. Each enactment shall specify the types 11 of counties authorized to levy; the rate or rates which may be 12 imposed; the maximum length of time the surtax may be imposed, 13 if any; the procedure which must be followed to secure voter 14 approval, if required; the purpose for which the proceeds may 15 be expended; and such other requirements as the Legislature 16 may provide. Taxable transactions and administrative 17 procedures shall be as provided in s. 212.054. 18 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 19 (a)1. The governing authority in each county may levy 20 a discretionary sales surtax of 0.5 percent or 1 percent. The 21 levy of the surtax shall be pursuant to ordinance enacted by a 22 two-thirds vote majority of the members of the county 23 governing authority or pursuant to ordinance enacted by a 24 majority of the members of the county governing authority and 25 approved by a majority of the electors of the county voting in 26 a referendum on the surtax. If the governing bodies of the 27 municipalities representing a majority of the county's 28 population adopt uniform resolutions establishing the rate of 29 the surtax and calling for a referendum on the surtax, the 30 levy of the surtax shall be placed on the ballot and shall 31 take effect if approved by a majority of the electors of the 4 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 county voting in the referendum on the surtax. 2 2. If the surtax was levied pursuant to a referendum 3 held before July 1, 1993, the surtax may not be levied beyond 4 the time established in the ordinance, or, if the ordinance 5 did not limit the period of the levy, the surtax may not be 6 levied for more than 15 years. The levy of such surtax may be 7 extended only by approval of a majority of the electors of the 8 county voting in a referendum on the surtax or pursuant to 9 ordinance enacted by a two-thirds vote of the members of the 10 county governing authority. 11 (d)1. The proceeds of the surtax authorized by this 12 subsection and approved by referendum and any interest accrued 13 thereto shall be expended by the school district or within the 14 county and municipalities within the county, or, in the case 15 of a negotiated joint county agreement, within another county, 16 to finance, plan, and construct infrastructure and to acquire 17 land for public recreation or conservation or protection of 18 natural resources and to finance the closure of county-owned 19 or municipally owned solid waste landfills that are already 20 closed or are required to close by order of the Department of 21 Environmental Protection. Any use of such proceeds or interest 22 for purposes of landfill closure prior to July 1, 1993, is 23 ratified. Neither the proceeds nor any interest accrued 24 thereto shall be used for operational expenses of any 25 infrastructure, except that any county with a population of 26 less than 75,000 that is required to close a landfill by order 27 of the Department of Environmental Protection may use the 28 proceeds or any interest accrued thereto for long-term 29 maintenance costs associated with landfill closure. Counties, 30 as defined in s. 125.011(1), and charter counties may, in 31 addition, use the proceeds and any interest accrued thereto to 5 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 retire or service indebtedness incurred for bonds issued prior 2 to July 1, 1987, for infrastructure purposes, and for bonds 3 subsequently issued to refund such bonds. Any use of such 4 proceeds or interest for purposes of retiring or servicing 5 indebtedness incurred for such refunding bonds prior to July 6 1, 1999, is ratified. 7 2. The proceeds of the surtax where the surtax is 8 levied by a two-thirds vote of the governing body of the 9 county and any interest accrued thereto shall be expended by 10 the school district or within the county and municipalities 11 within the county for infrastructure located within the urban 12 service area that is identified in the local government 13 comprehensive plan of the county or municipality and is 14 identified in that local government's capital improvements 15 element adopted pursuant to s. 163.3177(3) or that is 16 identified in the school district's educational facilities 17 plan adopted pursuant to s. 235.185. 18 3.2. For the purposes of this paragraph, 19 "infrastructure" means: 20 a. Any fixed capital expenditure or fixed capital 21 outlay associated with the construction, reconstruction, or 22 improvement of public facilities which have a life expectancy 23 of 5 or more years and any land acquisition, land improvement, 24 design, and engineering costs related thereto. 25 b. A fire department vehicle, an emergency medical 26 service vehicle, a sheriff's office vehicle, a police 27 department vehicle, or any other vehicle, and such equipment 28 necessary to outfit the vehicle for its official use or 29 equipment that has a life expectancy of at least 5 years. 30 4.3. Notwithstanding any other provision of this 31 subsection, a discretionary sales surtax imposed or extended 6 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 after the effective date of this act may provide for an amount 2 not to exceed 15 percent of the local option sales surtax 3 proceeds to be allocated for deposit to a trust fund within 4 the county's accounts created for the purpose of funding 5 economic development projects of a general public purpose 6 targeted to improve local economies, including the funding of 7 operational costs and incentives related to such economic 8 development. If applicable, the ballot statement must indicate 9 the intention to make an allocation under the authority of 10 this subparagraph. 11 (6) SCHOOL CAPITAL OUTLAY SURTAX.-- 12 (a) The school board in each county may levy, pursuant 13 to resolution conditioned to take effect only upon approval by 14 a majority vote of the electors of the county voting in a 15 referendum, a discretionary sales surtax at a rate that may 16 not exceed 0.5 percent. 17 (b) The resolution shall include a statement that 18 provides a brief and general description of the school capital 19 outlay projects to be funded by the surtax. If applicable, the 20 resolution must state that the district school board has been 21 recognized by the State Board of Education as having a Florida 22 Frugal Schools Program. The statement shall conform to the 23 requirements of s. 101.161 and shall be placed on the ballot 24 by the governing body of the county. The following question 25 shall be placed on the ballot: 26 27 ....FOR THE ....CENTS TAX 28 ....AGAINST THE ....CENTS TAX 29 30 (c) As an alternative method of levying the 31 discretionary sales surtax, the district school board may 7 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 levy, pursuant to resolution adopted by a two-thirds vote of 2 the members of the school board, a discretionary sales surtax 3 at a rate not to exceed 0.5 percent when the following 4 conditions are met: 5 1. The district school board and local governments in 6 the county where the school district is located have adopted 7 an interlocal agreement and public educational facilities 8 element as required by chapter 163; 9 2. The district school board has adopted a district 10 educational facilities plan pursuant to s. 235.185; and 11 3. The district's use of surtax proceeds for new 12 construction must not exceed the cost-per-student criteria 13 established for the SIT Program in s. 235.216(2). 14 (d)(c) The resolution providing for the imposition of 15 the surtax shall set forth a plan for use of the surtax 16 proceeds for fixed capital expenditures or fixed capital costs 17 associated with the construction, reconstruction, or 18 improvement of school facilities and campuses which have a 19 useful life expectancy of 5 or more years, and any land 20 acquisition, land improvement, design, and engineering costs 21 related thereto. Additionally, the plan shall include the 22 costs of retrofitting and providing for technology 23 implementation, including hardware and software, for the 24 various sites within the school district. Surtax revenues may 25 be used for the purpose of servicing bond indebtedness to 26 finance projects authorized by this subsection, and any 27 interest accrued thereto may be held in trust to finance such 28 projects. Neither the proceeds of the surtax nor any interest 29 accrued thereto shall be used for operational expenses. If the 30 district school board has been recognized by the State Board 31 of Education as having a Florida Frugal Schools Program, the 8 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 district's plan for use of the surtax proceeds must be 2 consistent with this subsection and with uses assured under 3 the Florida Frugal Schools Program. 4 (e)(d) Any school board imposing the surtax shall 5 implement a freeze on noncapital local school property taxes, 6 at the millage rate imposed in the year prior to the 7 implementation of the surtax, for a period of at least 3 years 8 from the date of imposition of the surtax. This provision 9 shall not apply to existing debt service or required state 10 taxes. 11 (f)(e) Surtax revenues collected by the Department of 12 Revenue pursuant to this subsection shall be distributed to 13 the school board imposing the surtax in accordance with law. 14 Section 5. Section 341.8201, Florida Statutes, is 15 created to read: 16 341.8201 Short title.--Sections 341.8201-341.843 may 17 be cited as the "Florida High-Speed Rail Authority Act." 18 Section 6. Section 341.8202, Florida Statutes, is 19 created to read: 20 341.8202 Legislative findings, policy, purpose, and 21 intent.-- 22 (1) The intent of this act is to implement the purpose 23 of s. 19, Art. X of the State Constitution, which directs the 24 Legislature, the Cabinet and the Governor to proceed with the 25 development, either by the state or an approved private 26 entity, of a high-speed monorail, fixed guideway, or magnetic 27 levitation system, capable of speeds in excess of 120 miles 28 per hour. The development of such a system, which will link 29 Florida's five largest urban areas as defined in this act, 30 includes acquisition of right-of-way and the financing of 31 design and construction with construction beginning on or 9 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 before November 1, 2003. Further, this act promotes the 2 various growth management and environmental protection laws 3 enacted by the Legislature and encourages and enhances the 4 establishment of a high-speed rail system. The Legislature 5 further finds that: 6 (a) The implementation of a high-speed rail system in 7 the state will result in overall social and environmental 8 benefits, improvements in ambient air quality, better 9 protection of water quality, greater preservation of wildlife 10 habitat, less use of open space, and enhanced conservation of 11 natural resources and energy. 12 (b) A high-speed rail system, when developed in 13 conjunction with sound land use planning, becomes an integral 14 part in achieving growth management goals and encourages the 15 use of public transportation to augment and implement land use 16 and growth management goals and objectives. 17 (c) Development and utilization of a properly 18 designed, constructed, and financed high-speed rail system and 19 associated development can act as a catalyst for economic 20 growth and development, mitigate unduly long and 21 traffic-congested commutes for day-to-day commuters, create 22 new employment opportunities, serve as a positive growth 23 management system for building a better and more 24 environmentally secure state, and serve a paramount public 25 purpose by promoting the health, safety, and welfare of the 26 citizens of the state. 27 (d) Transportation benefits of a high-speed rail 28 system include improved travel times and more reliable travel, 29 which will increase productivity and energy efficiency in the 30 state. 31 (2) The Legislature further finds that: 10 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (a) Access to timely and efficient modes of passenger 2 transportation is necessary for travelers, visitors, and 3 day-to-day commuters, to the quality of life in the state, and 4 to the economy of the state. 5 (b) Technological advances in the state's 6 transportation system can significantly and positively affect 7 the ability of the state to attract and provide efficient 8 services for domestic and international tourists and therefore 9 increase revenue of the state. 10 (c) The geography of the state is suitable for the 11 construction and efficient operation of a high-speed rail 12 system. 13 (d) The public use of the high-speed rail system must 14 be encouraged and assured in order to achieve the public 15 purpose and objectives set forth in this act. In order to 16 encourage the public use of the high-speed rail system and to 17 protect the public investment in the system, it is necessary 18 to provide an environment surrounding each high-speed rail 19 station which will allow the development of associated 20 development for the purpose of creating revenue in support of 21 and for the high-speed rail system, enhance the safe movement 22 of pedestrians and traffic into and out of the area, ensure 23 the personal safety of high-speed rail system and related 24 facility users and their personal property while the users are 25 in the area of each station, and eliminate all conditions in 26 the vicinity which constitute economic and social impediments 27 and barriers to the use of the high-speed rail system and 28 associated development. 29 (e) Areas surrounding certain proposed high-speed rail 30 stations can, as a result of existing conditions, crime, and 31 traffic congestion, pose a serious threat to the use of the 11 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 high-speed rail system, reduce revenue from users, discourage 2 pedestrian and traffic ingress and egress, retard sound growth 3 and development, impair public investment, and consume an 4 excessive amount of public revenues in the employment of 5 police and other forms of public protection to adequately 6 safeguard the high-speed rail system and its users. Such areas 7 may require redevelopment, acquisition, clearance, or 8 disposition, or joint public and private development to 9 provide parking facilities, retail establishments, 10 restaurants, hotels, or office facilities associated with or 11 ancillary to the high-speed rail system and rail stations and 12 to otherwise provide for an environment that will encourage 13 the use of, and safeguard, the system. 14 (f) The powers conferred by this act are for public 15 uses and purposes as established by s. 19, Art. X of the State 16 Constitution for which public funds may be expended, and the 17 necessity in the public interest for the provisions herein 18 enacted is hereby declared as a matter of legislative 19 determination to implement the intent of s. 19, Art. X of the 20 State Constitution. 21 (g) Urban and social benefits include revitalization 22 of economically depressed areas, the redirection of growth in 23 a carefully and comprehensively planned manner, and the 24 creation of numerous employment opportunities within 25 inner-city areas. 26 (h) The provisions contained in this act are a 27 declaration of legislative intent that the state develop a 28 high-speed rail system to help solve transportation problems 29 and eliminate their negative effect on the citizens of this 30 state, and therefore serves a public purpose. 31 (i) Joint development is a necessary planning, 12 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 financing, management, operation, and construction mechanism 2 to ensure the continued future development of an efficient and 3 economically viable high-speed rail system in this state. 4 (3) It is the intent of the Legislature to authorize 5 the authority to implement innovative mechanisms required to 6 effect the joint public-private venture approach to planning, 7 locating, permitting, managing, financing, constructing, 8 operating, and maintaining a high-speed rail system for the 9 state, including providing incentives for revenue generation, 10 operation, construction, and management by the private sector. 11 Section 7. Section 341.8203, Florida Statutes, is 12 created to read: 13 341.8203 Definitions.--As used in this act, unless the 14 context clearly indicates otherwise, the term: 15 (1) "Associated development" means property, 16 equipment, buildings, or other ancillary facilities which are 17 built, installed, or established to provide financing, 18 funding, or revenues for the planning, building, managing, and 19 operation of a high-speed rail system and which are associated 20 with or part of the rail stations. The term includes property, 21 including air rights, necessary for joint development, such as 22 parking facilities, retail establishments, restaurants, 23 hotels, offices, or other commercial, civic, residential, or 24 support facilities, and may also include property necessary to 25 protect or preserve the rail station area by reducing urban 26 blight or traffic congestion or property necessary to 27 accomplish any of the purposes set forth in this subsection 28 which are reasonably anticipated or necessary. 29 (2) "Authority" means the Florida High-Speed Rail 30 Authority and its agents. 31 (3) "Central Florida" means the counties of Lake, 13 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard, 2 Hernando, Pasco, Hillsborough, Pinellas, and Polk. 3 (4) "DBOM contract" means the document and all 4 concomitant rights approved by the authority providing the 5 selected person or entity the exclusive right to design, 6 build, operate, and maintain a high-speed rail system. 7 (5) "DBOM & F contract" means the document and all 8 concomitant rights approved by the authority providing the 9 selected person or entity the exclusive right to design, 10 build, operate, maintain, and finance a high-speed rail 11 system. 12 (6) "High-speed rail system" means any high-speed 13 fixed guideway system for transporting people or goods, which 14 system is capable of operating at speeds in excess of 120 15 miles per hour, including, but not limited to, a monorail 16 system, dual track rail system, suspended rail system, 17 magnetic levitation system, pneumatic repulsion system, or 18 other system approved by the authority. The term includes a 19 corridor and structures essential to the operation of the 20 line, including the land, structures, improvements, 21 rights-of-way, easements, rail lines, rail beds, guideway 22 structures, stations, platforms, switches, yards, parking 23 facilities, power relays, switching houses, rail stations, 24 associated development, and any other facilities or equipment 25 used or useful for the purposes of high-speed rail system 26 design, construction, operation, maintenance, or the financing 27 of the high-speed rail system. 28 (7) "Joint development" means the planning, managing, 29 financing, or constructing of projects adjacent to, 30 functionally related to, or otherwise related to a high-speed 31 rail system pursuant to agreements between any person, firm, 14 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 corporation, association, organization, agency, or other 2 entity, public or private. 3 (8) "Northeast Florida" means the counties of Nassau, 4 Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler. 5 (9) "Northwest Florida" means the counties of 6 Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, 7 Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, 8 Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee, 9 Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford, 10 and Levy. 11 (10) "Rail station," "station," or "high-speed rail 12 station" means any structure or transportation facility that 13 is part of a high-speed rail system designed to accommodate 14 the movement of passengers from one mode of transportation to 15 another at which passengers board or disembark from 16 transportation conveyances and transfer from one mode of 17 transportation to another. 18 (11) "Selected person or entity" means the person or 19 entity to whom the authority awards a contract under s. 20 341.834 to establish a high-speed rail system pursuant to this 21 act. 22 (12) "Southeast Florida" means the counties of 23 Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin, 24 Okeechobee, and Palm Beach. 25 (13) "Southwest Florida" means the counties of 26 Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte, 27 Glades, Lee, Hendry, and Collier. 28 (14) "Urban areas" means Central Florida, Northeast 29 Florida, Northwest Florida, Southeast Florida, and Southwest 30 Florida. 31 Section 8. Section 341.821, Florida Statutes, is 15 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 amended to read: 2 341.821 Florida High-Speed Rail Authority.-- 3 (1) There is created and established a body politic 4 and corporate, an agency of the state, to be known as the 5 "Florida High-Speed Rail Authority," hereinafter referred to 6 as the "authority." 7 (2)(a) The governing board of the authority shall 8 consist of nine voting members appointed as follows: 9 1. Three members shall be appointed by the Governor, 10 one of whom must have a background in the area of 11 environmental concerns, one of whom must have a legislative 12 background, and one of whom must have a general business 13 background. 14 2. Three members shall be appointed by the President 15 of the Senate, one of whom must have a background in civil 16 engineering, one of whom must have a background in 17 transportation construction, and one of whom must have a 18 general business background. 19 3. Three members shall be appointed by the Speaker of 20 the House of Representatives, one of whom must have a legal 21 background, one of whom must have a background in financial 22 matters, and one of whom must have a general business 23 background. 24 (b) The appointed members shall not be subject to 25 confirmation by the Senate. The initial term of each member 26 appointed by the Governor shall be for 4 years. The initial 27 term of each member appointed by the President of the Senate 28 shall be for 3 years. The initial term of each member 29 appointed by the Speaker of the House of Representatives shall 30 be for 2 years. Succeeding terms for all members shall be for 31 terms of 4 years. Initial appointments must be made within 30 16 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 days after the effective date of this act. 2 (c) A vacancy occurring during a term shall be filled 3 by the respective appointing authority in the same manner as 4 the original appointment and only for the balance of the 5 unexpired term. An appointment to fill a vacancy shall be made 6 within 60 days after the occurrence of the vacancy. 7 (d) The Secretary of Transportation shall be a 8 nonvoting ex officio member of the board. 9 (e) The board shall elect one of its members as chair 10 of the authority. The chair shall hold office at the will of 11 the board. Five members of the board shall constitute a 12 quorum, and the vote of five members shall be necessary for 13 any action taken by the authority. The authority may meet upon 14 the constitution of a quorum. No vacancy in the authority 15 shall impair the right of a quorum of the board to exercise 16 all rights and perform all duties of the authority. 17 (f) The members of the board shall not be entitled to 18 compensation but shall be entitled to receive their travel and 19 other necessary expenses as provided in s. 112.061. 20 (3) Notwithstanding any other law to the contrary, it 21 shall not be or constitute a conflict of interest for a person 22 having a background specified in this section to serve as a 23 member of the authority. However, in each official decision to 24 which this act is applicable, such member's firm or related 25 entity may not have a financial or economic interest nor shall 26 the authority contract with or conduct any business with a 27 member or such member's firm or directly related business 28 entity. 29 (4) The authority shall be assigned to the Department 30 of Transportation for administrative purposes. The authority 31 shall be a separate budget entity. The Department of 17 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Transportation shall provide administrative support and 2 service to the authority to the extent requested by the chair 3 of the authority. The authority shall not be subject to 4 control, supervision, or direction by the Department of 5 Transportation in any manner, including, but not limited to, 6 personnel, purchasing, transactions involving real or personal 7 property, and budgetary matters. 8 Section 9. Section 341.822, Florida Statutes, is 9 amended to read: 10 341.822 Powers and duties.-- 11 (1) The authority created and established by this act 12 shall locate, plan, design, finance, construct, maintain, own, 13 operate, administer, and manage the preliminary engineering 14 and preliminary environmental assessment of the intrastate 15 high-speed rail system in the state., hereinafter referred to 16 as "intrastate high-speed rail." 17 (2) The authority may exercise all powers granted to 18 corporations under the Florida Business Corporation Act, 19 chapter 607, except the authority may only not incur debt in 20 accordance with levels authorized by the Legislature. 21 (3) The authority shall have perpetual succession as a 22 body politic and corporate. 23 (4) The authority is authorized to seek and obtain 24 federal matching funds or any other funds to fulfill the 25 requirements of this act either directly or through the 26 Department of Transportation. 27 (5) The authority may employ an executive director, 28 permanent or temporary, as it may require and shall determine 29 the qualifications and fix the compensation. The authority may 30 delegate to one or more of its agents or employees such of its 31 power as it deems necessary to carry out the purposes of this 18 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 act, subject always to the supervision and control of the 2 authority. 3 Section 10. Section 341.823, Florida Statutes, is 4 amended to read: 5 341.823 Criteria for assessment and recommendations.-- 6 (1) The following criteria shall apply to the 7 establishment of the high-speed rail system in developing the 8 preliminary engineering, preliminary environmental assessment, 9 and recommendations required by this act: 10 (a) The system shall be capable of traveling speeds in 11 excess of 120 miles per hour consisting of dedicated rails or 12 guideways separated from motor vehicle traffic; 13 (b) The initial segments of the system will be 14 developed and operated between the St. Petersburg area, the 15 Tampa area, and the Orlando area, with future service to the 16 Miami area; 17 (c) The authority is to develop a program model that 18 uses, to the maximum extent feasible, nongovernmental sources 19 of funding for the design, construction, maintenance, and 20 operation, and financing of the system; 21 (2) The authority shall establish requirements make 22 recommendations concerning: 23 (a) The format and types of information that must be 24 included in a financial or business plan for the high-speed 25 rail system, and the authority may develop that financial or 26 business plan; 27 (b) The preferred routes between the cities and urban 28 areas designated in accordance with s. 341.8203 in paragraph 29 (1)(b); 30 (c) The preferred locations for the stations in the 31 cities and urban areas designated in accordance with s. 19 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 341.8203 in paragraph (1)(b); 2 (d) The preferred locomotion technology to be employed 3 from constitutional choices of monorail, fixed guideway, or 4 magnetic levitation; and 5 (e) Any changes that may be needed in state statutes 6 or federal laws which would make the proposed system eligible 7 for available federal funding; and 8 (e)(f) Any other issues the authority deems relevant 9 to the development of a high-speed rail system. 10 (3) The authority shall develop a marketing plan, a 11 detailed planning-level ridership study, and an estimate of 12 the annual operating and maintenance cost for the system and 13 all other associate expenses. 14 (3) When preparing the operating plan, the authority 15 shall include: 16 (a) The frequency of service between the cities 17 designated in paragraph (1)(b); 18 (b) The proposed fare structure for passenger and 19 freight service; 20 (c) Proposed trip times, system capacity, passenger 21 accommodations, and amenities; 22 (d) Methods to ensure compliance with applicable 23 environmental standards and regulations; 24 (e) A marketing plan, including strategies that can be 25 employed to enhance the utilization of the system; 26 (f) A detailed planning-level ridership study; 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 20 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 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; 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. 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 (k) An estimate of the funding required per year from 22 state funds for the next 30 years for operating the preferred 23 routes between the cities designated in paragraph (1)(b). 24 25 Whenever applicable and appropriate, the authority will base 26 estimates of projected costs, expenses, and revenues on 27 documented expenditures or experience derived from similar 28 projects. 29 Section 11. Section 341.824, Florida Statutes, is 30 amended to read: 31 341.824 Technical, scientific, or other assistance.-- 21 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (1) The Florida Transportation Commission, the 2 Department of Community Affairs, and the Department of 3 Environmental Protection shall, at the authority's request, 4 provide technical, scientific, or other assistance. 5 (2) The Department of Community Affairs shall, if 6 requested, provide assistance to local governments in 7 analyzing the land use and comprehensive planning aspects of 8 the high-speed rail system. The Department of Community 9 Affairs shall assist the authority with the resolution of any 10 conflicts between the system and adopted local comprehensive 11 plans. 12 (3) The Department of Environmental Protection shall, 13 if requested, provide assistance to local governments and 14 other permitting agencies in analyzing the environmental 15 aspects of the high-speed rail system. The Department of 16 Environmental Protection shall assist the authority and the 17 contractor in expediting the approval of the necessary 18 environmental permits for the system. 19 Section 12. Section 341.827, Florida Statutes, is 20 created to read: 21 341.827 Service areas; segment designation.-- 22 (1) The authority shall determine in which order the 23 service areas, as designated by the Legislature, will be 24 served by the high-speed rail system. 25 (2) The authority shall plan and develop the 26 high-speed rail system so that construction proceeds as 27 follows: 28 (a) The initial segments of the system shall be 29 developed and operated between the St. Petersburg area, the 30 Tampa area, the Lakeland/Winter Haven area, and the Orlando 31 area, with future service to the Miami area. 22 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (b) Construction of subsequent segments of the 2 high-speed rail system shall connect the metropolitan areas of 3 Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft. 4 Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft. 5 Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala, 6 Tallahassee, and Pensacola. 7 (c) Selection of segments of the high-speed rail 8 system to be constructed subsequent to the initial segments of 9 the system shall be prioritized by the authority, giving 10 consideration to the demand for service, financial 11 participation by local governments, financial participation by 12 the private sector, and the available financial resources of 13 the authority. 14 Section 13. Section 341.828, Florida Statutes, is 15 created to read: 16 341.828 Permitting.-- 17 (1) The authority, for the purposes of permitting, may 18 utilize one or more permitting processes provided for in 19 statute, including, but not limited to, the metropolitan 20 planning organization long-range transportation planning 21 process as defined in s. 339.175 (6) and (7), in conjunction 22 with the Department of Transportation's work program process 23 as defined in s. 339.135, or any permitting process now in 24 effect or that may be in effect at the time of permitting and 25 will provide the most timely and cost-effective permitting 26 process. 27 (2) The authority shall work in cooperation with 28 metropolitan planning organizations in areas where the 29 high-speed rail system will be located. The metropolitan 30 planning organizations shall cooperate with the authority and 31 include the high-speed rail system alignment within their 23 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 adopted long-range transportation plans and transportation 2 improvement programs for the purposes of providing public 3 information, consistency with the plans, and receipt of 4 federal and state funds by the authority to support the 5 high-speed rail system. 6 (3) For purposes of selecting a route alignment, the 7 authority may use the project development and environment 8 study process, including the efficient transportation 9 decisionmaking system process as adopted by the Department of 10 Transportation. 11 Section 14. Section 341.829, Florida Statutes, is 12 created to read: 13 341.829 Conflict prevention, mitigation, and 14 resolution.-- 15 (1) The authority, in conjunction with the Executive 16 Office of the Governor, the Department of Community Affairs, 17 and the Department of Environmental Protection, shall develop 18 and implement, within 180 days after the effective date of 19 this act, a process to prevent, mitigate, and resolve, to the 20 maximum extent feasible, any conflicts or potential conflicts 21 of a high-speed rail system with growth management 22 requirements and environmental standards. 23 (2) Any person who disagrees with the alignment 24 decision must file a complaint with the authority within 20 25 days after the authority's final adoption of the alignment. 26 (3) The authority must respond to any timely filed 27 complaint within 60 days after the complaint is filed with the 28 authority. 29 Section 15. Section 341.830, Florida Statutes, is 30 created to read: 31 341.830 Procurement.-- 24 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (1) The authority may employ procurement methods under 2 chapters 255, 287, and 337 and under any rule adopted under 3 such chapters. To enhance the effective and efficient 4 operation of the authority, and to enhance the ability of the 5 authority to use best business practices, the authority may, 6 pursuant to ss. 120.536(1) and 120.54, adopt rules for and 7 employ procurement methods available to the private sector. 8 (2) The authority is authorized to procure commodities 9 and the services of a qualified person or entity to design, 10 build, finance, operate, maintain, and implement a high-speed 11 rail system, including the use of a DBOM or DBOM & F method 12 using a request for proposal, a request for qualifications, or 13 an invitation to negotiate. 14 Section 16. Section 341.831, Florida Statutes, is 15 created to read: 16 341.831 Prequalification.-- 17 (1) The authority may prequalify interested persons or 18 entities prior to seeking proposals for the design, 19 construction, operation, maintenance, and financing of the 20 high-speed rail system. The authority may establish qualifying 21 criteria that may include, but not be limited to, experience, 22 financial resources, organization and personnel, equipment, 23 past record or history of the person or entity, ability to 24 finance or issue bonds, and ability to post a construction or 25 performance bond. 26 (2) The authority may establish the qualifying 27 criteria in a request for qualification without adopting the 28 qualifying criteria as rules. 29 Section 17. Section 341.832, Florida Statutes, is 30 created to read: 31 341.832 Request for qualifications.-- 25 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (1) The authority is authorized to develop and execute 2 a request for qualifications process to seek a person or 3 entity to design, build, operate, maintain, and finance a 4 high-speed rail system. The authority may issue multiple 5 requests for qualifications. The authority shall develop 6 criteria for selection of a person or entity that shall be 7 included in any request for qualifications. 8 (2) The authority may issue a request for 9 qualifications without adopting a rule. 10 Section 18. Section 341.833, Florida Statutes, is 11 created to read: 12 341.833 Request for proposals.-- 13 (1) The authority is authorized to develop and execute 14 a request for proposals process to seek a person or entity to 15 design, build, operate, maintain, and finance a high-speed 16 rail system. The authority may issue multiple requests for 17 proposals. The authority shall develop criteria for selection 18 of a person or entity that shall be included in any request 19 for proposals. 20 (2) In the request for proposals, the authority shall 21 specify the minimum period of time for the contract duration. 22 A person or entity may propose a longer period of time for the 23 contract and provide justification of the need for an extended 24 contract period. If the authority extends the time period for 25 the contract, such time period shall be extended for all 26 persons or entities if so requested. 27 Section 19. Section 341.834, Florida Statutes, is 28 created to read: 29 341.834 Award of contract.-- 30 (1) The authority may award a contract subject to such 31 terms and conditions, including, but not limited to, 26 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 compliance with any applicable permitting requirements, and 2 any other terms and conditions the authority considers 3 appropriate. 4 (2) The contract shall authorize the contractor to 5 provide service between stations as established by the 6 contract. The contractor shall coordinate its facilities and 7 services with passenger rail providers, commuter rail 8 authorities, and public transit providers to provide access to 9 and from the high-speed rail system. 10 (3) The contractor shall not convey, lease, or 11 otherwise transfer any high-speed rail system property, any 12 interest in such property, or any improvement constructed upon 13 such property without written approval of the authority. 14 Section 20. Section 341.835, Florida Statutes, is 15 created to read: 16 341.835 Acquisition of property; rights-of-way; 17 disposal of land.-- 18 (1) The authority may purchase, lease, exchange, or 19 otherwise acquire any land, property interests, or buildings 20 or other improvements, including personal property within such 21 buildings or on such lands, necessary to secure or utilize 22 rights-of-way for existing, proposed, or anticipated 23 high-speed rail system facilities. 24 (2) Title to any property acquired in the name of the 25 authority shall be administered by the authority under such 26 terms and conditions as the authority may require. 27 (3) When the authority acquires property for a 28 high-speed rail system, or any related or ancillary 29 facilities, by purchase or donation, it is not subject to any 30 liability imposed by chapter 376 or chapter 403 for 31 preexisting soil or groundwater contamination due solely to 27 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 its ownership. This section does not affect the rights or 2 liabilities of any past or future owners of the acquired 3 property, nor does it affect the liability of any governmental 4 entity for the results of its actions which create or 5 exacerbate a pollution source. The authority and the 6 Department of Environmental Protection may enter into 7 interagency agreements for the performance, funding, and 8 reimbursement of the investigative and remedial acts necessary 9 for property acquired by the authority. 10 (4) In acquiring property or property rights for any 11 high-speed rail system or related or ancillary facilities, the 12 authority may acquire an entire lot, block, or tract of land 13 if the interests of the public will be best served by such 14 acquisition, even though the entire lot, block, or tract is 15 not immediately needed for the right-of-way proper or for the 16 specific related or ancillary facilities. 17 (5) The authority, by resolution, may dispose of any 18 interest in property acquired pursuant to this section on 19 terms and conditions the authority deems appropriate. 20 (6) The authority and its employees and agents shall 21 have the right to enter upon properties which may be 22 determined to be necessary for the construction, 23 reconstruction, relocation, maintenance, and operation of a 24 proposed high-speed rail system and associated development and 25 related or ancillary facilities as described in subsection (1) 26 for the purposes of surveying and soil and environmental 27 testing. 28 (7) The authority is authorized to accept donations of 29 real property from public or private entities for the purposes 30 of implementing a high-speed rail system. 31 Section 21. Section 341.836, Florida Statutes, is 28 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 created to read: 2 341.836 Associated development.-- 3 (1) The authority, alone or as part of a joint 4 development, may undertake development of associated 5 developments to be a source of revenue for the establishment, 6 construction, operation, or maintenance of the high-speed rail 7 system. Such associated developments must be associated with 8 a rail station and have pedestrian ingress to and egress from 9 the rail station; be consistent, to the extent feasible, with 10 applicable local government comprehensive plans and local land 11 development regulations; and otherwise be in compliance with 12 the provisions of this act. 13 (2) This act does not prohibit the authority, the 14 selected person or entity, or a party to a joint venture with 15 the authority or its selected person or entity from obtaining 16 approval, pursuant to any other law, for any associated 17 development that is reasonably related to the high-speed rail 18 system. 19 Section 22. Section 341.837, Florida Statutes, is 20 created to read: 21 341.837 Payment of expenses.--All expenses incurred in 22 carrying out the provisions of this act shall be payable 23 solely from funds provided under the authority of this act, or 24 from other legally available sources. 25 Section 23. Section 341.838, Florida Statutes, is 26 created to read: 27 341.838 Rates, rents, fees, and charges.-- 28 (1) The authority is authorized to fix, revise, 29 charge, and collect rates, rents, fees, charges, and revenues 30 for the use of and for the services furnished, or to be 31 furnished, by the system and to contract with any person, 29 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 partnership, association, corporation, or other body, public 2 or private, in respect thereof. Such rates, rents, fees, and 3 charges shall be reviewed annually by the authority and may be 4 adjusted as set forth in the contract setting such rates, 5 rents, fees, or charges. The funds collected hereunder shall, 6 with any other funds available, be used to pay the cost of all 7 administrative expenses of the authority, and the cost of 8 designing, building, operating, and maintaining the system and 9 each and every portion thereof, to the extent that the payment 10 of such cost has not otherwise been adequately provided for. 11 (2) Rates, rents, fees, and charges fixed, revised, 12 charged, and collected pursuant to this section shall not be 13 subject to supervision or regulation by any department, 14 commission, board, body, bureau, or agency of this state other 15 than the authority. 16 Section 24. Section 341.839, Florida Statutes, is 17 created to read: 18 341.839 Alternate means.--The foregoing sections of 19 this act shall be deemed to provide an additional and 20 alternative method for accomplishing the purposes authorized 21 therein, and shall be regarded as supplemental and additional 22 to powers conferred by other laws. Except as otherwise 23 expressly provided in this act, none of the powers granted to 24 the authority under the provisions of this act shall be 25 subject to the supervision or require the approval or consent 26 of any municipality or political subdivision or any 27 commission, board, body, bureau, or official. 28 Section 25. Section 341.840, Florida Statutes, is 29 created to read: 30 341.840 Tax exemption.--The exercise of the powers 31 granted by this act will be in all respects for the benefit of 30 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 the people of this state, for the increase of their commerce, 2 welfare, and prosperity, and for the improvement of their 3 health and living conditions, and as the design, building, 4 operation, maintenance, and financing of a system by the 5 authority or its agent or the owner or lessee thereof, as 6 herein authorized, constitutes the performance of an essential 7 public function, neither the authority, its agent, nor the 8 owner of such system shall be required to pay any taxes or 9 assessments upon or in respect to the system or any property 10 acquired or used by the authority, its agent, or such owner 11 under the provisions of this act or upon the income therefrom, 12 any security therefor, their transfer, and the income 13 therefrom, including any profit made on the sale thereof, 14 shall at all times be free from taxation of every kind by the 15 state, the counties, and the municipalities and other 16 political subdivisions in the state. 17 Section 26. Section 341.841, Florida Statutes, is 18 created to read: 19 341.841 Report; audit.--The authority shall prepare an 20 annual report of its actions, findings, and recommendations 21 and submit the report to the Governor, the President of the 22 Senate, and the Speaker of the House of Representatives on or 23 before January 1. The authority shall provide for an annual 24 financial audit, as defined in s. 11.45, of its accounts and 25 records conducted by an independent certified public 26 accountant. The audit report shall include a management letter 27 as defined in s. 11.45. The cost of the audit shall be paid 28 from funds available to the authority pursuant to this act. 29 Section 27. Section 341.842, Florida Statutes, is 30 created to read: 31 341.842 Liberal construction.--This act, being 31 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 necessary for the welfare of the state and its inhabitants, 2 shall be liberally construed to effect the purposes hereof. 3 Section 28. Subsection (10) of section 288.109, 4 Florida Statutes, is amended to read: 5 288.109 One-Stop Permitting System.-- 6 (10) Notwithstanding any other provision of law or 7 administrative rule to the contrary, the fee imposed by a 8 state agency or water management district for issuing a 9 development permit shall be waived for a 6-month period 10 beginning on the date the state agency or water management 11 district begins accepting development permit applications over 12 the Internet and the applicant submits the development permit 13 to the agency or district using the One-Stop Permitting 14 System. The 6-month fee waiver shall not apply to development 15 permit fees assessed by the Electrical Power Plant Siting Act, 16 ss. 403.501-403.519; the Transmission Line Siting Act, ss. 17 403.52-403.5365; the statewide Multi-purpose Hazardous Waste 18 Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas 19 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed 20 Rail Transportation Siting Act, ss. 341.3201-341.386. 21 Section 29. Subsection (6) of section 334.30, Florida 22 Statutes, is amended to read: 23 334.30 Private transportation facilities.--The 24 Legislature hereby finds and declares that there is a public 25 need for rapid construction of safe and efficient 26 transportation facilities for the purpose of travel within the 27 state, and that it is in the public's interest to provide for 28 the construction of additional safe, convenient, and 29 economical transportation facilities. 30 (6) Notwithstanding s. 341.327, A fixed-guideway 31 transportation system authorized by the department to be 32 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 wholly or partially within the department's right-of-way 2 pursuant to a lease granted under s. 337.251 may operate at 3 any safe speed. 4 Section 30. Subsection (9) of section 337.251, Florida 5 Statutes, is amended to read: 6 337.251 Lease of property for joint public-private 7 development and areas above or below department property.-- 8 (9) Notwithstanding s. 341.327, A fixed-guideway 9 transportation system authorized by the department to be 10 wholly or partially within the department's right-of-way 11 pursuant to a lease granted under this section may operate at 12 any safe speed. 13 Section 31. Section 341.501, Florida Statutes, is 14 amended to read: 15 341.501 High-technology transportation systems; joint 16 project agreement or assistance.--Notwithstanding any other 17 provision of law, the Department of Transportation may enter 18 into a joint project agreement with, or otherwise assist, 19 private or public entities, or consortia thereof, to 20 facilitate the research, development, and demonstration of 21 high-technology transportation systems, including, but not 22 limited to, systems using magnetic levitation technology. The 23 provisions of the Florida High-Speed Rail Transportation Act, 24 ss. 341.3201-341.386, do not apply to actions taken under this 25 section, and The department may, subject to s. 339.135, 26 provide funds to match any available federal aid for 27 effectuating the research, development, and demonstration of 28 high-technology transportation systems. 29 Section 32. Sections 341.3201, 341.321, 341.322, 30 341.325, 341.327, 341.329, 341.331, 341.332, 341.3331, 31 341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337, 33 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365, 2 341.342, 341.343, 341.344, 341.345, 341.346, 341.3465, 3 341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364, 4 341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375, 5 341.381, 341.382, 341.383, and 341.386, Florida Statutes, are 6 repealed. 7 Section 33. Paragraph (a) of subsection (1) of section 8 212.055, Florida Statutes, is amended to read: 9 212.055 Discretionary sales surtaxes; legislative 10 intent; authorization and use of proceeds.--It is the 11 legislative intent that any authorization for imposition of a 12 discretionary sales surtax shall be published in the Florida 13 Statutes as a subsection of this section, irrespective of the 14 duration of the levy. Each enactment shall specify the types 15 of counties authorized to levy; the rate or rates which may be 16 imposed; the maximum length of time the surtax may be imposed, 17 if any; the procedure which must be followed to secure voter 18 approval, if required; the purpose for which the proceeds may 19 be expended; and such other requirements as the Legislature 20 may provide. Taxable transactions and administrative 21 procedures shall be as provided in s. 212.054. 22 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- 23 (a) Each charter county which adopted a charter prior 24 to January 1, 1984 June 1, 1976, and each county the 25 government of which is consolidated with that of one or more 26 municipalities, may levy a discretionary sales surtax, subject 27 to approval by a majority vote of the electorate of the county 28 or by a charter amendment approved by a majority vote of the 29 electorate of the county. 30 Section 34. Paragraph (c) of subsection (1) of section 31 163.3187, Florida Statutes, is amended, and paragraph (k) is 34 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 added to that subsection, to read: 2 163.3187 Amendment of adopted comprehensive plan.-- 3 (1) Amendments to comprehensive plans adopted pursuant 4 to this part may be made not more than two times during any 5 calendar year, except: 6 (c) Any local government comprehensive plan amendments 7 directly related to proposed small scale development 8 activities may be approved without regard to statutory limits 9 on the frequency of consideration of amendments to the local 10 comprehensive plan. A small scale development amendment may be 11 adopted only under the following conditions: 12 1. The proposed amendment involves a use of 10 acres 13 or fewer and: 14 a. The cumulative annual effect of the acreage for all 15 small scale development amendments adopted by the local 16 government shall not exceed: 17 (I) A maximum of 120 acres in a local government that 18 contains areas specifically designated in the local 19 comprehensive plan for urban infill, urban redevelopment, or 20 downtown revitalization as defined in s. 163.3164, urban 21 infill and redevelopment areas designated under s. 163.2517, 22 transportation concurrency exception areas approved pursuant 23 to s. 163.3180(5), or regional activity centers and urban 24 central business districts approved pursuant to s. 25 380.06(2)(e); however, amendments under this paragraph may be 26 applied to no more than 60 acres annually of property outside 27 the designated areas listed in this sub-sub-subparagraph. 28 Amendments adopted pursuant to paragraph (k) shall not be 29 counted toward the acreage limitations for small scale 30 amendments under this paragraph. 31 (II) A maximum of 80 acres in a local government that 35 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 does not contain any of the designated areas set forth in 2 sub-sub-subparagraph (I). 3 (III) A maximum of 120 acres in a county established 4 pursuant to s. 9, Art. VIII of the State Constitution. 5 b. The proposed amendment does not involve the same 6 property granted a change within the prior 12 months. 7 c. The proposed amendment does not involve the same 8 owner's property within 200 feet of property granted a change 9 within the prior 12 months. 10 d. The proposed amendment does not involve a text 11 change to the goals, policies, and objectives of the local 12 government's comprehensive plan, but only proposes a land use 13 change to the future land use map for a site-specific small 14 scale development activity. 15 e. The property that is the subject of the proposed 16 amendment is not located within an area of critical state 17 concern, unless the project subject to the proposed amendment 18 involves the construction of affordable housing units meeting 19 the criteria of s. 420.0004(3), and is located within an area 20 of critical state concern designated by s. 380.0552 or by the 21 Administration Commission pursuant to s. 380.05(1). Such 22 amendment is not subject to the density limitations of 23 sub-subparagraph f., and shall be reviewed by the state land 24 planning agency for consistency with the principles for 25 guiding development applicable to the area of critical state 26 concern where the amendment is located and shall not become 27 effective until a final order is issued under s. 380.05(6). 28 f. If the proposed amendment involves a residential 29 land use, the residential land use has a density of 10 units 30 or less per acre, except that this limitation does not apply 31 to small scale amendments described in sub-sub-subparagraph 36 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 a.(I) that are designated in the local comprehensive plan for 2 urban infill, urban redevelopment, or downtown revitalization 3 as defined in s. 163.3164, urban infill and redevelopment 4 areas designated under s. 163.2517, transportation concurrency 5 exception areas approved pursuant to s. 163.3180(5), or 6 regional activity centers and urban central business districts 7 approved pursuant to s. 380.06(2)(e). 8 2.a. A local government that proposes to consider a 9 plan amendment pursuant to this paragraph is not required to 10 comply with the procedures and public notice requirements of 11 s. 163.3184(15)(c) for such plan amendments if the local 12 government complies with the provisions in s. 125.66(4)(a) for 13 a county or in s. 166.041(3)(c) for a municipality. If a 14 request for a plan amendment under this paragraph is initiated 15 by other than the local government, public notice is required. 16 b. The local government shall send copies of the 17 notice and amendment to the state land planning agency, the 18 regional planning council, and any other person or entity 19 requesting a copy. This information shall also include a 20 statement identifying any property subject to the amendment 21 that is located within a coastal high hazard area as 22 identified in the local comprehensive plan. 23 3. Small scale development amendments adopted pursuant 24 to this paragraph require only one public hearing before the 25 governing board, which shall be an adoption hearing as 26 described in s. 163.3184(7), and are not subject to the 27 requirements of s. 163.3184(3)-(6) unless the local government 28 elects to have them subject to those requirements. 29 (k) A local comprehensive plan amendment directly 30 related to providing transportation improvements to enhance 31 life safety on Controlled Access Major Arterial Highways 37 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 identified in the Florida Intrastate Highway System, in 2 counties as defined in s. 125.011, where such roadways have a 3 high incidence of traffic accidents resulting in serious 4 injury or death. Any such amendment shall not include any 5 amendment modifying the designation on a comprehensive 6 development plan land use map nor any amendment modifying the 7 allowable densities or intensities of any land. 8 Section 35. Chapter 261, Florida Statutes, consisting 9 of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06, 10 261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida 11 Statutes, is created to read: 12 261.01 Short title.--This chapter may be cited as the 13 "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation 14 Act." 15 261.02 Legislative findings and intent.-- 16 (1) The Legislature finds that off-highway vehicles 17 are becoming increasingly popular in this state and that the 18 use of these vehicles should be controlled and managed to 19 minimize negative effects on the environment, wildlife 20 habitats, native wildlife, and native flora and fauna. 21 (2) The Legislature declares that effectively managed 22 areas and adequate facilities for the use of off-highway 23 vehicles are compatible with this state's overall recreation 24 plan and the underlying goal of multiple use. 25 (3) It is the intent of the Legislature that: 26 (a) Existing off-highway vehicle recreational areas, 27 facilities, and opportunities be improved and appropriately 28 expanded and be managed in a manner consistent with this 29 chapter, in particular to maintain natural resources and 30 sustained long-term use of off-highway vehicle trails and 31 areas. 38 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (b) New off-highway vehicle recreational areas, 2 facilities, and opportunities be provided and managed pursuant 3 to this chapter in a manner that will sustain both long-term 4 use and the environment. 5 (4) Nothing contained within this chapter shall be 6 construed to require the construction or maintenance of 7 off-highway vehicle recreation areas, facilities, or trails on 8 public lands where such construction or maintenance would be 9 inconsistent with the property's management objectives or land 10 management plan. 11 261.03 Definitions.--As used in this chapter, the 12 term: 13 (1) "Advisory committee" means the Off-Highway Vehicle 14 Recreation Advisory Committee created by s. 261.04. 15 (2) "ATV" means any motorized off-highway or 16 all-terrain vehicle 50 inches or less in width, having a dry 17 weight of 900 pounds or less, designed to travel on three or 18 more low-pressure tires, having a seat designed to be 19 straddled by the operator and handlebars for steering control, 20 and intended for use by a single operator with no passenger. 21 (3) "Department" means the Department of Agriculture 22 and Consumer Services. 23 (4) "Division" means the Division of Forestry of the 24 Department of Agriculture and Consumer Services. 25 (5) "OHM" or "off-highway motorcycle" means any motor 26 vehicle used off the roads or highways of this state that has 27 a seat or saddle for the use of the rider and is designed to 28 travel with not more than two wheels in contact with the 29 ground, but excludes a tractor or a moped. 30 (6) "Off-highway vehicle" means any ATV or OHM that is 31 used off the roads or highways of this state for recreational 39 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 purposes and that is not registered and licensed for highway 2 use under chapter 320. 3 (7) "Program" means the Off-Highway Vehicle Recreation 4 Program. 5 (8) "Public lands" means lands within the state that 6 are available for public use and that are owned, operated, or 7 managed by a federal, state, county, or municipal governmental 8 entity. 9 (9) "System" means the off-highway vehicle recreation 10 areas and trails on public lands within the state. 11 (10) "Trust fund" means the Incidental Trust Fund of 12 the Division of Forestry of the Department of Agriculture and 13 Consumer Services. 14 261.04 Off-Highway Vehicle Recreation Advisory 15 Committee; members; appointment.-- 16 (1) Effective July 1, 2003, the Off-Highway Vehicle 17 Recreation Advisory Committee is created within the Division 18 of Forestry and consists of nine members, all of whom are 19 appointed by the Commissioner of Agriculture. The appointees 20 shall include one representative of the Department of 21 Agriculture and Consumer Services, one representative of the 22 Department of Highway Safety and Motor Vehicles, one 23 representative of the Department of Environmental Protection's 24 Office of Greenways and Trails, one representative of the Fish 25 and Wildlife Conservation Commission, one citizen with 26 scientific expertise in disciplines relating to ecology, 27 wildlife biology, or other environmental sciences, one 28 representative of a licensed off-highway vehicle dealer, and 29 three representatives of off-highway vehicle recreation 30 groups. In making these appointments, the commissioner shall 31 consider the places of residence of the members to ensure 40 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 statewide representation. 2 (2) The term of office of each member of the advisory 3 committee is 2 years. The members first appointed shall 4 classify themselves by lot so that the terms of four members 5 expire June 30, 2005, and the terms of five members expire 6 June 30, 2006. 7 (3) In case of a vacancy on the advisory committee, 8 the commissioner shall appoint a successor member for the 9 unexpired portion of the term. 10 (4) The members shall elect a chair among themselves 11 who shall serve for 1 year or until a successor is elected. 12 (5) The members of the advisory committee shall serve 13 without compensation, but shall be reimbursed for travel and 14 per diem expenses as provided in s. 112.061, while in the 15 performance of their official duties. 16 261.05 Duties and responsibilities of the Off-Highway 17 Vehicle Recreation Advisory Committee.-- 18 (1) The advisory committee shall establish policies to 19 guide the department regarding the Off-Highway Vehicle 20 Recreation Program and the system of off-highway vehicle 21 recreation areas and trails. 22 (2) The advisory committee shall make recommendations 23 to the department regarding off-highway vehicle safety and 24 training and education programs in the operation of such 25 vehicles. 26 (3) The advisory committee must be informed regarding 27 all governmental activities affecting the program. 28 (4) The advisory committee must be informed regarding 29 off-highway vehicle impacts and effects on the environment, 30 wildlife habitats, and native flora and fauna and shall make 31 recommendations to avoid or minimize adverse environmental 41 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 impacts and promote sustained long-term use. 2 (5) The advisory committee must be fully informed 3 regarding the inventory of off-highway vehicle access and 4 opportunities. 5 (6) The advisory committee shall meet at various times 6 and locations throughout the state to receive public comments 7 on the implementation of the program and shall take these 8 public comments into consideration when making its 9 recommendations. 10 (7) The advisory committee shall review and make 11 recommendations annually regarding the department's proposed 12 budget of expenditures from the designated off-highway vehicle 13 funds in the trust fund, which may include providing funds to 14 match grant funds available from other sources. 15 (8) The advisory committee shall make recommendations 16 regarding all capital outlay expenditures from the trust fund 17 proposed for inclusion in the budget and shall identify 18 additional funding sources for management, enforcement, 19 education, rehabilitation, and other duties of the land 20 management agencies related to the system. 21 (9) The advisory committee shall review grant 22 applications submitted by any governmental agency or entity or 23 nongovernmental entity requesting moneys from the trust fund 24 to create, operate, manage, or improve off-highway vehicle 25 recreation areas or trails within the state, protect and 26 restore affected natural areas in the system, or provide 27 off-highway vehicle driver education. The advisory committee 28 shall recommend to the department approval or denial of such 29 grant applications based upon criteria established by the 30 advisory committee. 31 261.06 Functions, duties, and responsibilities of the 42 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 department.--The following are functions, duties, and 2 responsibilities of the department through the division: 3 (1) Coordination of the planning, development, 4 conservation, and rehabilitation of state lands in and for the 5 system. 6 (2) Coordination of the management, maintenance, 7 administration, and operation of state lands in the system and 8 the provision of law enforcement and appropriate public safety 9 activities. 10 (3) Management of the trust fund and approval of the 11 advisory committee's budget recommendations. 12 (4) Implementation of the program, including the 13 ultimate approval of grant applications submitted by 14 governmental agencies or entities or nongovernmental entities. 15 (5) Coordination to help ensure compliance with 16 environmental laws and regulations of the program and lands in 17 the system. 18 (6) Implementation of the policies established by the 19 advisory committee. 20 (7) Provision of staff assistance to the advisory 21 committee. 22 (8) Preparation of plans for lands in, or proposed to 23 be included in, the system. 24 (9) Conducting surveys and the preparation of studies 25 as are necessary or desirable for implementing the program. 26 (10) Recruitment and utilization of volunteers to 27 further the program. 28 (11) Rulemaking authority to implement the provisions 29 of ss. 261.01-261.10. 30 (12) In consultation with the Department of 31 Environmental Protection, the Fish and Wildlife Conservation 43 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Commission, the environmental community, and the off-highway 2 vehicle industry and user groups, review of the inventory of 3 public lands to determine the feasibility of providing public 4 access for off-highway vehicle recreation and trails. The 5 department shall provide a report to the Governor and the 6 presiding officers of the Legislature by January 1, 2003. The 7 report must include at least two appropriate locations for 8 public access for off-highway vehicle recreational use and the 9 applicable cost of providing each facility. The cost section 10 of the report shall fully explain the fiscal approach of 11 renovating, maintaining, and operating each site and include a 12 recommended fee structure to support the ongoing maintenance 13 and operation of the program. The report shall also include 14 the benefits and risks of offering each site for off-highway 15 vehicle recreational use. The recommendations contained within 16 the report shall be implemented to the extent enacted or 17 appropriated by the Legislature. This subsection shall expire 18 July 1, 2003. 19 261.07 Publication and distribution of guidebook; 20 contents.--In consultation with the advisory committee, the 21 department shall publish a guidebook that includes the text of 22 this chapter, other laws and regulations relating to the 23 program, and maps of areas and trails of the system. The 24 guidebook may include other public areas, trails, and 25 facilities for the use of off-highway vehicles. The guidebook 26 must include information regarding the responsibilities of 27 users of the system and must set forth pertinent laws, rules, 28 and regulations including particular provisions and other 29 information intended to prevent trespass and damage to public 30 or private property. The guidebook must be prepared at minimal 31 cost to facilitate the broadest possible distribution and must 44 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 be available for distribution no later than October 1, 2003. 2 261.08 Repair, maintenance, and rehabilitation of 3 areas, trails, and lands.-- 4 (1) The protection of public safety, the appropriate 5 use of lands in the system, and the conservation of the 6 environment, wildlife habitats, native wildlife, and native 7 flora and fauna in the system are of the highest priority in 8 the management of the system. Accordingly, the public land 9 managing agency shall avoid or minimize adverse impacts to the 10 environment, promptly repair and continuously maintain areas 11 and trails, anticipate and prevent accelerated erosion, and 12 rehabilitate lands to the extent damaged by off-highway 13 vehicle use in accordance with the management plans of the 14 public land managing agency. 15 (2) The public land managing agency shall monitor the 16 condition of soils and wildlife habitat in each area of the 17 system to determine whether there is compliance with 18 applicable environmental laws and regulations and shall take 19 appropriate action as necessary. 20 (3) The public land managing agency may regulate or 21 prohibit, when necessary, the use of off-highway vehicles on 22 the public lands of the state in order to prevent damage or 23 destruction to said lands. 24 261.09 Contracts and agreements.--The public land 25 managing agency may contract with private persons or entities 26 and enter into cooperative agreements with other public 27 agencies for the care and maintenance of lands in the system, 28 including contracts for law enforcement services with public 29 agencies having law enforcement powers. 30 261.10 Criteria for recreation areas and 31 trails.--Publicly owned or operated off-highway vehicle 45 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 recreation areas and trails shall be designated and maintained 2 for recreational travel by off-highway vehicles. These areas 3 and trails need not be generally suitable or maintained for 4 normal travel by conventional two-wheel-drive vehicles and 5 should not be designated as recreational footpaths. State 6 off-highway vehicle recreation areas and trails must be 7 selected and managed in accordance with this chapter. 8 261.11 Penalties.--No off-highway vehicle may be 9 operated upon the public roads, streets, or highways of this 10 state, except as otherwise permitted by the managing local, 11 state, or federal agency. A violation of this section is a 12 noncriminal traffic infraction, punishable as provided in 13 chapter 318. 14 261.12 Designated off-highway vehicle funds within the 15 Incidental Trust Fund of the Division of Forestry of the 16 Department of Agriculture and Consumer Services.-- 17 (1) The designated off-highway vehicle funds of the 18 trust fund shall consist of deposits from the following 19 sources: 20 (a) Fees paid to the Department of Highway Safety and 21 Motor Vehicles for the titling of off-highway vehicles. 22 (b) Revenues and income from any other sources 23 required by law or as appropriated by the Legislature to be 24 deposited into the trust fund as designated off-highway 25 vehicle funds. 26 (c) Donations from private sources that are designated 27 as off-highway vehicle funds. 28 (d) Interest earned on designated off-highway vehicle 29 funds on deposit in the trust fund. 30 (2) Designated off-highway vehicle funds in the trust 31 fund shall be available for recommended allocation by the 46 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Off-Highway Vehicle Recreation Advisory Committee and the 2 Department of Agriculture and Consumer Services and upon 3 annual appropriation by the Legislature, exclusively for the 4 following: 5 (a) Implementation of the Off-Highway Vehicle 6 Recreation Program by the Department of Agriculture and 7 Consumer Services, which includes personnel and other related 8 expenses; administrative and operating expenses; expenses 9 related to safety, training, rider education programs, 10 management, maintenance, and rehabilitation of lands in the 11 Off-Highway Vehicle Recreation Program's system of lands and 12 trails; and, if funds are available, acquisition of lands to 13 be included in the system and the management, maintenance, and 14 rehabilitation of such lands. 15 (b) Approved grants to governmental agencies or 16 entities or nongovernmental entities that wish to provide or 17 improve off-highway vehicle recreation areas or trails for 18 public use on public lands, provide environmental protection 19 and restoration to affected natural areas in the system, 20 provide enforcement of applicable regulations related to the 21 system and off-highway vehicle activities, or provide 22 education in the operation of off-highway vehicles. 23 (c) Matching funds to be used to match grant funds 24 available from other sources. 25 (3) Notwithstanding s. 216.301 and pursuant to s. 26 216.351, any balance of designated off-highway vehicle funds 27 in the trust fund at the end of any fiscal year shall remain 28 therein and shall be available for the purposes set out in 29 this section and as otherwise provided by law. 30 Section 36. Section 316.2074, Florida Statutes, is 31 amended to read: 47 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 316.2074 All-terrain vehicles.-- 2 (1) It is the intent of the Legislature, through the 3 adoption of this section to provide safety protection for 4 minors while operating an all-terrain vehicle in this state. 5 (2) As used in this section, the term "all-terrain 6 vehicle" means any motorized off-highway vehicle 50 inches 7 (1270 mm) or less in width, having a dry weight of 900 600 8 pounds (273 kg) or less, designed to travel traveling on three 9 or more low-pressure tires, designed for operator use only 10 with no passengers, having a seat or saddle designed to be 11 straddled by the operator, and having handlebars for steering 12 control, and intended for use by a single operator with no 13 passenger. 14 (3) No person under 16 years of age shall operate, 15 ride, or be otherwise propelled on an all-terrain vehicle 16 unless the person wears a safety helmet meeting United States 17 Department of Transportation standards and eye protection. 18 (4) If a crash results in the death of any person or 19 in the injury of any person which results in treatment of the 20 person by a physician, the operator of each all-terrain 21 vehicle involved in the crash shall give notice of the crash 22 pursuant to s. 316.066. 23 (5) Except as provided in this section, an all-terrain 24 vehicle may not be operated upon the public roads, streets, or 25 highways of this state, except as otherwise permitted by the 26 managing state or federal agency. 27 (6)(5) An all-terrain vehicle having four wheels may 28 be used by police officers on public beaches designated as 29 public roadways for the purpose of enforcing the traffic laws 30 of the state. All-terrain vehicles may also be used by the 31 police to travel on public roadways within 5 miles of beach 48 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 access only when getting to and from the beach. 2 (7) An all-terrain vehicle having four wheels may be 3 used by law enforcement officers on public roads within public 4 lands while in the course and scope of their duties. 5 (8)(6) A violation of this section is a noncriminal 6 traffic infraction, punishable as a nonmoving violation as 7 provided in chapter 318. 8 Section 37. Short title.--Sections 3 through 15 of 9 this act may be cited as the "Florida Off-Highway Vehicle 10 Titling Act." 11 Section 38. Legislative intent.--It is the intent of 12 the Legislature that all off-highway vehicles purchased after 13 the effective date of this act and all off-highway vehicles 14 operated on public lands be titled and issued a certificate of 15 title to allow for easy determination of ownership. 16 Section 39. Definitions.--As used in sections 3 17 through 15, the term: 18 (1) "ATV" means any motorized off-highway or 19 all-terrain vehicle 50 inches or less in width, having a dry 20 weight of 900 pounds or less, designed to travel on three or 21 more low-pressure tires, having a seat designed to be 22 straddled by the operator and handlebars for steering control, 23 and intended for use by a single operator and with no 24 passenger. 25 (2) "Dealer" means any person authorized by the 26 Department of Revenue to buy, sell, resell, or otherwise 27 distribute off-highway vehicles. Such person must have a valid 28 sales tax certificate of registration issued by the Department 29 of Revenue and a valid commercial or occupational license 30 required by any county, municipality, or political subdivision 31 of the state in which the person operates. 49 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (3) "Department" means the Department of Highway 2 Safety and Motor Vehicles. 3 (4) "Florida resident" means a person who has had a 4 principal place of domicile in this state for a period of more 5 than 6 consecutive months, who has registered to vote in this 6 state, who has made a statement of domicile pursuant to s. 7 222.17, Florida Statutes, or who has filed for homestead tax 8 exemption on property in this state. 9 (5) "OHM" or "off-highway motorcycle" means any motor 10 vehicle used off the roads or highways of this state that has 11 a seat or saddle for the use of the rider and is designed to 12 travel with not more than two wheels in contact with the 13 ground, but excludes a tractor or a moped. 14 (6) "Off-highway vehicle" means any ATV or OHM that is 15 used off the roads or highways of this state for recreational 16 purposes and that is not registered and licensed for highway 17 use pursuant to chapter 320. 18 (7) "Owner" means a person, other than a lienholder, 19 having the property in or title to an off-highway vehicle, 20 including a person entitled to the use or possession of an 21 off-highway vehicle subject to an interest held by another 22 person, reserved or created by agreement and securing payment 23 of performance of an obligation, but the term excludes a 24 lessee under a lease not intended as security. 25 (8) "Public lands" means lands within the state that 26 are available for public use and that are owned, operated, or 27 managed by a federal, state, county, or municipal governmental 28 entity. 29 Section 40. Administration of off-highway vehicle 30 titling laws; records.-- 31 (1) The administration of off-highway vehicle titling 50 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 laws in sections 3 through 15 is under the Department of 2 Highway Safety and Motor Vehicles, which shall provide for the 3 issuing, handling, and recording of all off-highway vehicle 4 titling applications and certificates, including the receipt 5 and accounting of off-highway vehicle titling fees. 6 (2) The department shall keep records and perform 7 other clerical duties pertaining to off-highway vehicle 8 titling as required. 9 Section 41. Rules, forms, and notices.-- 10 (1) The department may adopt rules pursuant to ss. 11 120.536(1) and 120.54, Florida Statutes, which pertain to 12 off-highway vehicle titling, in order to implement the 13 provisions of sections 3 through 15 conferring duties upon it. 14 (2) The department shall prescribe and provide 15 suitable forms for applications and other notices and forms 16 necessary to administer the provisions of sections 3 through 17 15. 18 Section 42. Certificate of title required.-- 19 (1) Any off-highway vehicle that is purchased by a 20 resident of this state after the effective date of this act or 21 that is owned by a resident and is operated on the public 22 lands of this state must be titled pursuant to sections 3 23 through 15. 24 (2) A person may not sell, assign, or transfer an 25 off-highway vehicle titled by the state without delivering to 26 the purchaser or transferee a valid certificate of title with 27 an assignment on it showing the transfer of title to the 28 purchaser or transferee. A person may not purchase or 29 otherwise acquire an off-highway vehicle required to be titled 30 without obtaining a certificate of title for the vehicle in 31 his or her name. The purchaser or transferee shall, within 30 51 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 days after a change in off-highway vehicle ownership, file an 2 application for a title transfer with the county tax 3 collector. An additional $10 fee shall be charged against a 4 purchaser or transferee who files a title transfer application 5 after the 30-day period. The county tax collector may retain 6 $5 of the additional amount. 7 (3) A certificate of title is prima facie evidence of 8 the ownership of the off-highway vehicle and is good for the 9 life of the off-highway vehicle so long as the certificate is 10 owned or held by the legal holder. If a titled off-highway 11 vehicle is destroyed or abandoned, the owner, with the consent 12 of any recorded lienholders, shall, within 30 days after the 13 destruction or abandonment, surrender to the department all 14 title documents for cancellation. 15 (4) The department shall provide labeled places on the 16 title where the seller's price shall be indicated when an 17 off-highway vehicle is sold and where a selling dealer shall 18 record his or her valid sales tax certificate of registration 19 number. 20 (5)(a) There shall be a service charge of $4.25 for 21 each application that is handled in connection with the 22 issuance, duplication, or transfer of any certificate of 23 title. There shall be a service charge of $1.25 for each 24 application that is handled in connection with the recording 25 or notation of a lien on an off-highway vehicle that is not in 26 connection with the purchase of such vehicle. 27 (b) The service charges specified in paragraph (a) 28 shall be collected by the department on any application 29 handled directly from its office. Otherwise, these service 30 charges shall be collected and retained by the tax collector 31 who handles the application. 52 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (c) In addition to the fees provided in paragraph (a), 2 any tax collector may impose an additional service charge of 3 not more than 50 cents on any transaction specified in 4 paragraph (a) when such transaction occurs at any tax 5 collector's branch office. 6 Section 43. Application for and issuance of 7 certificate of title.-- 8 (1) The owner of an off-highway vehicle that is 9 required to be titled must apply to the county tax collector 10 for a certificate of title. The application must include the 11 true name of the owner, the residence or business address of 12 the owner, and a complete description of the off-highway 13 vehicle. The application must be signed by the owner and must 14 be accompanied by a fee of $29. 15 (2) The owner must establish proof of ownership by 16 submitting with the application an executed bill of sale, a 17 manufacturer's statement of origin, an affidavit of ownership 18 for off-highway vehicles purchased before the effective date 19 of this act, or any other document acceptable to the 20 department. 21 (3) To apply for a certificate of title upon transfer 22 of ownership of an off-highway vehicle, the new owner must 23 surrender to the department the last title document issued for 24 that vehicle. The document must be properly executed. Proper 25 execution includes the previous owner's signature and 26 certification that the off-highway vehicle to be transferred 27 is debt-free or is subject to a lien. If a lien exists, the 28 previous owner must furnish the new owner, on forms supplied 29 by the department, the names and addresses of all lienholders 30 and the dates of all liens, with a statement from each 31 lienholder that the lienholder has knowledge of and consents 53 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 to the transfer of title to the new owner. 2 (4) An application for an initial certificate of title 3 or a title transfer must include payment of the applicable 4 state sales tax or proof of payment of such tax, except for 5 off-highway vehicles purchased or transferred before the 6 effective date of this act. 7 (5) If the owner submits a complete application and 8 complies with all other requirements of this section, the 9 department shall issue a certificate of title that states that 10 the title is for an off-highway vehicle that is not suitable 11 for highway use. After October 1, 2003, the department shall 12 also issue a copy of the guidebook prepared by the Department 13 of Agriculture and Consumer Services pursuant to s. 261.07, 14 Florida Statutes. 15 Section 44. Duplicate certificate of title.-- 16 (1) The department may issue a duplicate certificate 17 of title upon application by the person entitled to hold such 18 a certificate if the department is satisfied that the original 19 certificate has been lost, destroyed, or mutilated. A fee of 20 $15 shall be charged for issuing a duplicate certificate. 21 (2) In addition to the fee imposed by subsection (1), 22 a fee of $7 shall be charged for expedited service in issuing 23 a duplicate certificate of title. Application for such 24 expedited service may be made by mail or in person. The 25 department shall issue each certificate of title applied for 26 under this subsection within 5 working days after receipt of a 27 proper application or shall refund the additional $7 fee upon 28 written request by the applicant. 29 (3) If, following the issuance of an original, 30 duplicate, or corrected certificate of title by the 31 department, the certificate is lost in transit and is not 54 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 delivered to the addressee, the owner of the off-highway 2 vehicle or the holder of a lien thereon may, within 180 days 3 after the date of issuance of the certificate, apply to the 4 department for reissuance of the certificate. An additional 5 fee may not be charged for reissuance under this subsection. 6 (4) The department shall implement a system to verify 7 that the application is signed by a person authorized to 8 receive a duplicate certificate of title under this section if 9 the address shown on the application is different from the 10 address shown for the applicant on the records of the 11 department. 12 Section 45. Manufacturer's statement of origin to be 13 furnished.-- 14 (1) Any person selling a new off-highway vehicle in 15 this state must furnish a manufacturer's statement of origin 16 to the purchaser. The statement, which must be in English or 17 accompanied by an English translation if the vehicle was 18 purchased outside the United States, must be signed and dated 19 by an authorized representative of the manufacturer, indicate 20 the complete name and address of the purchaser, include a 21 complete description of the vehicle, and contain as many 22 assignments as necessary to show title in the name of the 23 purchaser. 24 (2) It is unlawful for an off-highway vehicle 25 manufacturer, manufacturer's representative, or dealer to 26 issue a manufacturer's certificate of origin describing an 27 off-highway vehicle with the knowledge that the description is 28 false or that the off-highway vehicle described does not 29 exist. It is unlawful for any person to obtain or attempt to 30 obtain a certificate of origin with the knowledge that the 31 description is false or that the off-highway vehicle does not 55 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 exist. Any person who violates this subsection commits a 2 felony of the third degree, punishable as provided in s. 3 775.082, s. 775.083, or s. 775.084, Florida Statutes. 4 Section 46. Disposition of fees.--The department shall 5 deposit all funds received under sections 3 through 15, less 6 administrative costs of $2 per title transaction, into the 7 Incidental Trust Fund of the Division of Forestry of the 8 Department of Agriculture and Consumer Services. 9 Section 47. Refusal to issue and authority to cancel a 10 certificate of title.-- 11 (1) If the department finds that an applicant for an 12 off-highway vehicle certificate of title has given a false 13 statement or false or incomplete information in applying for 14 the certificate or has otherwise failed to comply with the 15 applicable provisions pertaining to the application for a 16 certificate, it may refuse to issue the certificate. 17 (2) If the department finds that an owner or dealer 18 named in an off-highway vehicle certificate of title has given 19 a false statement or false or incomplete information in 20 applying for the certificate or has otherwise failed to comply 21 with the applicable provisions pertaining to the application 22 for a certificate, it may cancel the certificate. 23 (3) The department may cancel any pending application 24 or any certificate if it finds that any title fee or sales tax 25 pertaining to such application or certificate has not been 26 paid, unless the fee or tax is paid within a reasonable time 27 after the department has given notice. 28 Section 48. Crimes relating to certificates of title; 29 penalties.-- 30 (1) It is unlawful for any person to procure or 31 attempt to procure a certificate of title or duplicate 56 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 certificate of title to an off-highway vehicle, or to pass or 2 attempt to pass a certificate of title or duplicate 3 certificate of title to an off-highway vehicle or any 4 assignment thereof, if such person knows or has reason to 5 believe that the vehicle has been stolen. Any person who 6 violates this subsection commits a felony of the third degree, 7 punishable as provided in s. 775.082, s. 775.083, or s. 8 775.084, Florida Statutes. 9 (2) It is unlawful for any person, knowingly and with 10 intent to defraud, to have in his or her possession, sell, 11 offer to sell, counterfeit, or supply a blank, forged, 12 fictitious, counterfeit, stolen, or fraudulently or unlawfully 13 obtained certificate of title, duplicate certificate of title, 14 bill of sale, or other indicia of ownership of an off-highway 15 vehicle or to conspire to do any of the foregoing. Any person 16 who violates this subsection commits a felony of the third 17 degree, punishable as provided in s. 775.082, s. 775.083, or 18 s. 775.084, Florida Statutes. 19 (3) It is unlawful to: 20 (a) Alter or forge any certificate of title to an 21 off-highway vehicle or any assignment thereof or any 22 cancellation of any lien on an off-highway vehicle. 23 (b) Retain or use such certificate, assignment, or 24 cancellation knowing that it has been altered or forged. 25 (c) Use a false or fictitious name, give a false or 26 fictitious address, or make any false statement in any 27 application or affidavit required by sections 3 through 15 or 28 in a bill of sale or sworn statement of ownership or otherwise 29 commit a fraud in any application. 30 (d) Knowingly obtain goods, services, credit, or money 31 by means of an invalid, duplicate, fictitious, forged, 57 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 counterfeit, stolen, or unlawfully obtained certificate of 2 title, bill of sale, or other indicia of ownership of an 3 off-highway vehicle. 4 (e) Knowingly obtain goods, services, credit, or money 5 by means of a certificate of title to an off-highway vehicle 6 which certificate is required by law to be surrendered to the 7 department. 8 9 Any person who violates this subsection commits a felony of 10 the third degree, punishable as provided in s. 775.082, s. 11 775.083, or s. 775.084, Florida Statutes. A violation of this 12 subsection with respect to any off-highway vehicle makes such 13 off-highway vehicle contraband which may be seized by a law 14 enforcement agency and forfeited under ss. 932.701-932.704, 15 Florida Statutes. 16 Section 49. Nonmoving traffic violations.--Any person 17 who fails to comply with any provision of sections 3 through 18 14 for which a penalty is not otherwise provided commits a 19 nonmoving traffic violation, punishable as provided in s. 20 318.18, Florida Statutes. 21 Section 50. Section 375.313, Florida Statutes, is 22 amended to read: 23 375.313 Commission powers and duties.--The commission 24 shall: 25 (1) Regulate or prohibit, when necessary, the use of 26 motor vehicles on the public lands of the state in order to 27 prevent damage or destruction to said lands. 28 (2) Collect any registration fees imposed by s. 29 375.315 and deposit said fees in the State Game Trust Fund. 30 The revenue resulting from said registration shall be expended 31 for the funding and administration of ss. 375.311-375.315. 58 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 (2)(3) Adopt and promulgate such reasonable rules as 2 deemed necessary to administer the provisions of ss. 3 375.311-375.315, except that, before any such rules are 4 adopted, the commission shall obtain the consent and 5 agreement, in writing, of the owner, in the case of privately 6 owned lands, or the owner or primary custodian, in the case of 7 publicly owned lands. 8 Section 51. Section 375.315, Florida Statutes, is 9 repealed. 10 11 (Redesignate subsequent sections.) 12 Section 52. Subsection (21) of section 316.003, 13 Florida Statutes, is amended, and subsection (82) is added to 14 that section, to read: 15 316.003 Definitions.--The following words and phrases, 16 when used in this chapter, shall have the meanings 17 respectively ascribed to them in this section, except where 18 the context otherwise requires: 19 (21) MOTOR VEHICLE.--Any self-propelled vehicle not 20 operated upon rails or guideway, but not including any 21 bicycle, electric personal assistive mobility device, or 22 moped. 23 (82) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any 24 self-balancing, two non-tandem wheeled device, designed to 25 transport only one person, with an electric propulsion system 26 with average power of 750 watts (1 h.p.), the maximum speed of 27 which, on a paved level surface when powered solely by such a 28 propulsion system while being ridden by an operator who weighs 29 170 pounds, is less than 20 mph. Electric personal assistive 30 mobility devices are not vehicles as defined in this section. 31 Section 53. Section 316.2068, Florida Statutes, is 59 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 created to read: 2 316.2068 Electric personal assistive mobility devices; 3 regulations.-- 4 (1) An electric personal assistive mobility device, as 5 defined in s. 316.003, may be operated: 6 (a) On a road or street where the posted speed limit 7 is 25 miles per hour or less. 8 (b) On a marked bicycle path. 9 (c) On any street or road where bicycles are 10 permitted. 11 (d) At an intersection, to cross a road or street even 12 if the road or street has a posted speed limit of more than 25 13 miles per hour. 14 (d) On a sidewalk if the person operating the device 15 yields the right-of-way to pedestrians and gives an audible 16 signal before overtaking and passing a pedestrian. 17 (2) A valid driver's license is not a prerequisite to 18 operating an electric personal assistive mobility device. 19 (3) Electric personal assistive mobility devices need 20 not be registered and insured in accordance with s. 320.02. 21 (4) A person who is under the age of 16 years may not 22 operate, ride, or otherwise be propelled on an electric 23 personal assistive mobility device unless the person wears a 24 bicycle helmet that is properly fitted, that is fastened 25 securely upon his or her head by a strap, and that meets the 26 standards of the American National Standards Institute (ANSI Z 27 Bicycle Helmet Standards), the standards of the Snell Memorial 28 Foundation (1984 Standard for Protective Headgear for Use in 29 Bicycling), or any other nationally recognized standards for 30 bicycle helmets which are adopted by the department. 31 (7) A county or municipality may prohibit the 60 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 operation of electric personal assistive mobility devices on 2 any road, street, or bicycle path under its jurisdiction if 3 the governing body of the county or municipality determines 4 that such a prohibition is necessary in the interest of 5 safety. 6 (8) The Department of Transportation may prohibit the 7 operation of electric personal assistive mobility devices on 8 any road under its jurisdiction if it determines that such a 9 prohibition is necessary in the interest of safety. 10 Section 54. Subsection (5) of section 337.408, Florida 11 Statutes, is renumbered as subsection (6), and a new 12 subsection (5) is added to said section to read: 13 337.408 Regulation of benches, transit shelters, 14 street light poles, and waste disposal receptacles within 15 rights-of-way.-- 16 (5) Street light poles, including attached public 17 service messages and advertisements, may be located within the 18 right-of-way limits of municipal and county roads in the same 19 manner as benches, transit shelters, and waste disposal 20 receptacles as provided in this section and in accordance with 21 municipal and county ordinances. Public service messages and 22 advertisements may be installed on street light poles on roads 23 on the State Highway System in accordance with height, size, 24 setback, spacing distance, duration of display, safety, 25 traffic control, and permitting requirements established by 26 administrative rule of the Department of Transportation. 27 Public service messages and advertisements shall be subject to 28 bilateral agreements, where applicable, to be negotiated with 29 the owner of the street light poles, which shall consider, 30 among other things, power source rates, design, safety, 31 operational and maintenance concerns, and other matters of 61 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 public importance. For the purposes of this section, the term 2 "street light poles" does not include electric transmission or 3 distribution poles. The department shall have authority to 4 establish administrative rules to implement this subsection. 5 No advertising on light poles shall be permitted on the 6 Interstate Highway System. No permanent structures carrying 7 advertisements attached to light poles shall be permitted on 8 the National Highway System. 9 Section 55. Paragraph (d) of subsection (2) of section 10 348.0003, Florida Statutes, is amended to read: 11 348.0003 Expressway authority; formation; 12 membership.-- 13 (2) The governing body of an authority shall consist 14 of not fewer than five nor more than nine voting members. The 15 district secretary of the affected department district shall 16 serve as a nonvoting member of the governing body of each 17 authority located within the district. Each member of the 18 governing body must at all times during his or her term of 19 office be a permanent resident of the county which he or she 20 is appointed to represent. 21 (d) Notwithstanding any provision to the contrary in 22 this subsection, in any county as defined in s. 125.011(1), 23 the governing body of an authority shall consist of up to 13 24 members, and the following provisions of this paragraph shall 25 apply specifically to such authority. Except for the district 26 secretary of the department, the members must be residents of 27 the county. Seven voting members shall be appointed by the 28 governing body of the county. At the discretion of the 29 governing body of the county, up to two of the members 30 appointed by the governing body of the county may be elected 31 officials residing in the county. Five voting members of the 62 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 authority shall be appointed by the Governor. One member shall 2 be the district secretary of the department serving in the 3 district that contains such county. This member shall be an ex 4 officio voting member of the authority. If the governing board 5 of an authority includes any member originally appointed by 6 the governing body of the county as a nonvoting member, when 7 the term of such member expires, that member shall be replaced 8 by a member appointed by the Governor until the governing body 9 of the authority is composed of seven members appointed by the 10 governing body of the county and five members appointed by the 11 Governor. The qualifications, terms of office, and obligations 12 and rights of members of the authority shall be determined by 13 resolution or ordinance of the governing body of the county in 14 a manner that is consistent with subsections (3) and (4). 15 Section 56. Section 348.0008, Florida Statutes, is 16 amended to read: 17 348.0008 Acquisition of lands and property.-- 18 (1) For the purposes of the Florida Expressway 19 Authority Act, an expressway authority may acquire such 20 rights, title, or interest in private or public property and 21 such property rights, including easements, rights of access, 22 air, view, and light, by gift, devise, purchase, or 23 condemnation by eminent domain proceedings, as the authority 24 may deem necessary for any of the purposes of the Florida 25 Expressway Authority Act, including, but not limited to, any 26 lands reasonably necessary for securing applicable permits, 27 areas necessary for management of access, borrow pits, 28 drainage ditches, water retention areas, rest areas, 29 replacement access for landowners whose access is impaired due 30 to the construction of an expressway system, and replacement 31 rights-of-way for relocated rail and utility facilities; for 63 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 existing, proposed, or anticipated transportation facilities 2 on the expressway system or in a transportation corridor 3 designated by the authority; or for the purposes of screening, 4 relocation, removal, or disposal of junkyards and scrap metal 5 processing facilities. The authority may also condemn any 6 material and property necessary for such purposes. 7 (2) An authority and its authorized agents, 8 contractors, and employees are authorized to enter upon any 9 lands, waters, and premises, upon giving reasonable notice to 10 the landowner, for the purpose of making surveys, soundings, 11 drillings, appraisals, environmental assessments including 12 phase I and phase II environmental surveys, archaeological 13 assessments, and such other examinations as are necessary for 14 the acquisition of private or public property and property 15 rights, including rights of access, air, view, and light, by 16 gift, devise, purchase, or condemnation by eminent domain 17 proceedings or as are necessary for the authority to perform 18 its duties and functions; and any such entry shall not be 19 deemed a trespass or an entry that would constitute a taking 20 in an eminent domain proceeding. An expressway authority shall 21 make reimbursement for any actual damage to such lands, water, 22 and premises as a result of such activities. 23 (3)(2) The right of eminent domain conferred by the 24 Florida Expressway Authority Act must be exercised by each 25 authority in the manner provided by law. 26 (4)(3) When an authority acquires property for an 27 expressway system or in a transportation corridor as defined 28 in s. 334.03, it is not subject to any liability imposed by 29 chapter 376 or chapter 403 for preexisting soil or groundwater 30 contamination due solely to its ownership. This subsection 31 does not affect the rights or liabilities of any past or 64 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 future owners of the acquired property nor does it affect the 2 liability of any governmental entity for the results of its 3 actions which create or exacerbate a pollution source. An 4 authority and the Department of Environmental Protection may 5 enter into interagency agreements for the performance, 6 funding, and reimbursement of the investigative and remedial 7 acts necessary for property acquired by the authority. 8 Section 57. Paragraph (b) of subsection (19) of 9 section 320.08058, Florida Statutes, as amended by chapter 10 2001-355, Laws of Florida, is amended to read: 11 320.08058 Specialty license plates.-- 12 (19) SEA TURTLE LICENSE PLATES.-- 13 (b) The first $500,000 in annual use fees shall be 14 deposited in the Marine Resources Conservation Trust Fund in 15 the Fish and Wildlife Conservation Commission and. The first 16 $500,000 in annual revenue shall be used by the Florida Marine 17 Turtle Protection Program to conduct sea turtle protection, 18 research, and recovery programs. The next $215,000 in annual 19 use fees shall be distributed to the Caribbean Conservation 20 Corporation, located in Gainesville, to fund sea turtle 21 research and education programs that benefit Florida sea 22 turtles. The Caribbean Conservation Corporation shall annually 23 distribute assigned funds through a Sea Turtle Grants Program 24 that supports sea turtle research and education activities of 25 Florida-based nonprofit groups, educational institutions, and 26 Florida coastal counties. The Caribbean Conservation 27 Corporation shall write and publish procedures for submitting 28 grant applications and criteria for allocating available 29 funds, and shall appoint a technical advisory committee, 30 composed of at least five members, including two 31 representatives from the Fish and Wildlife Conservation 65 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 Commission, to select grant recipients from proposals 2 submitted by eligible entities. Any additional annual revenue 3 shall be distributed as follows: 70 percent shall be deposited 4 in the Marine Resources Conservation Trust Fund and used by 5 the Florida Marine Turtle Protection Program for sea turtle 6 conservation activities; and 30 percent shall be assigned to 7 the Caribbean Conservation Corporation for distribution 8 through the Sea Turtle Grants Program. Up to 15 percent of the 9 funds distributed to the Caribbean Conservation Corporation 10 may be expended for administrative costs directly associated 11 with the grants program. Up to 10 percent of the funds 12 distributed to the Caribbean Conservation Corporation may be 13 used to promote and market the Sea Turtle license plate. None 14 of the funds received by the Caribbean Conservation 15 Corporation from the Sea Turtle license plate or the Sea 16 Turtle Grants Program, nor funds received by any grant 17 recipients of the Sea Turtle Grants Program, may be used for 18 purposes of litigation. Additional license plate revenue, up 19 to an amount not exceeding 30 percent of the total annual 20 revenue, shall be dispersed annually through the marine turtle 21 grants program as provided in s. 370.12(1)(h). The remaining 22 annual use proceeds shall be used by the Florida Marine Turtle 23 Protection Program for sea turtle conservation activities. 24 Section 58. This act shall take effect July 1, 2002. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 66 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 A bill to be entitled 2 An act relating to transportation; amending s. 3 339.137, F.S.; providing that applications may 4 not be accepted by the department and council 5 members may not be appointed in fiscal year 6 2003-2004; amending s. 339.2817; providing 7 additional criteria that the department must 8 consider when evaluating grant applications; 9 authorizing counties to retain or delegate 10 oversight with respect to certain projects 11 under the County Incentive Grant Program; 12 providing appropriations; amending s. 212.055, 13 F.S.; providing for the levy of the 14 infrastructure sales surtax and the school 15 capital outlay surtax by a two-thirds vote and 16 requiring certain educational facility planning 17 prior to the levy of the school capital outlay 18 surtax; providing for the uses of the surtax 19 proceeds; creating the "Florida High-Speed Rail 20 Authority Act"; creating s. 341.8201, F.S.; 21 providing a short title; creating s. 341.8202, 22 F.S.; providing legislative findings, policy, 23 purpose, and intent with respect to the 24 development, design, financing, construction, 25 and operation of a high-speed rail system in 26 the state; creating s. 341.8203, F.S.; 27 providing definitions; amending s. 341.821, 28 F.S., relating to the creation of the Florida 29 High-Speed Rail Authority; removing obsolete 30 provisions; amending s. 341.822, F.S.; revising 31 and providing additional powers and duties of 67 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 the authority; amending s. 341.823, F.S.; 2 revising the criteria for assessment and 3 recommendations with respect to the 4 establishment of the high-speed rail system; 5 requiring the authority to establish specified 6 requirements; requiring the authority to 7 develop a specified plan, study, and estimates; 8 amending s. 341.824, F.S.; specifying types of 9 technical, scientific, or other assistance to 10 be provided by the Department of Community 11 Affairs and the Department of Environmental 12 Protection; creating s. 341.827, F.S.; 13 providing for determination of service areas 14 and the order of system segment construction; 15 creating s. 341.828, F.S.; authorizing the 16 authority to utilize existing permitting 17 processes; requiring cooperation between the 18 authority and metropolitan planning 19 organizations; creating s. 341.829, F.S.; 20 requiring the authority, in conjunction with 21 the Executive Office of the Governor, the 22 Department of Community Affairs, and the 23 Department of Environmental Protection, to 24 develop and implement a process to mitigate and 25 resolve conflicts between the system and growth 26 management requirements and environmental 27 standards; providing time limits for the filing 28 of and response to specified complaints; 29 creating s. 341.830, F.S.; authorizing the 30 authority to employ specified procurement 31 methods; providing for the adoption of rules; 68 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 authorizing the authority to procure 2 commodities and services for the designing, 3 building, financing, maintenance, operation, 4 and implementation of a high-speed rail system; 5 creating s. 341.831, F.S.; authorizing the 6 authority to prequalify interested persons or 7 entities prior to seeking proposals for the 8 design, construction, operation, maintenance, 9 and financing of the high-speed rail system; 10 providing for the establishment of qualifying 11 criteria; creating s. 341.832, F.S.; 12 authorizing the authority to develop and 13 execute a request for qualifications process; 14 creating s. 341.833, F.S.; authorizing the 15 authority to develop and execute a request for 16 proposals process to seek a person or entity to 17 design, build, operate, maintain, and finance a 18 high-speed rail system; creating s. 341.834, 19 F.S.; providing for award of a conditional 20 contract; providing contract requirements; 21 prohibiting transfer of system property without 22 written approval; creating s. 341.835, F.S.; 23 authorizing the authority to purchase, lease, 24 exchange, or acquire land, property, or 25 buildings necessary to secure or utilize 26 rights-of-way for high-speed rail system 27 facilities; providing that the authority is not 28 subject to specified liability; authorizing the 29 authority and the Department of Environmental 30 Protection to enter into certain interagency 31 agreements; providing for the disposal of 69 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 interest in property; authorizing agents and 2 employees of the authority to enter upon 3 certain property; authorizing the authority to 4 accept donations of real property; creating s. 5 341.836, F.S.; authorizing the authority to 6 undertake the development of associated 7 developments; providing requirements of 8 associated developments; creating s. 341.837, 9 F.S.; providing for payment of expenses 10 incurred in carrying out the act; creating s. 11 341.838, F.S.; authorizing the authority to 12 fix, revise, charge, collect, and adjust rates, 13 rents, fees, charges, and revenues, and to 14 enter into contracts; providing for annual 15 review by the authority of rates, rents, fees, 16 and charges; providing for uses of revenues; 17 creating s. 341.839, F.S.; providing that the 18 act is supplemental and additional to powers 19 conferred by other laws; exempting powers of 20 the authority from specified supervision, 21 approval, or consent; creating s. 341.840, 22 F.S.; providing tax exemptions for property 23 acquired or used by the authority or specified 24 income; creating s. 341.841, F.S.; requiring 25 the authority to prepare and submit a report; 26 providing for an annual audit; creating s. 27 341.842, F.S.; providing construction of the 28 act; amending s. 288.109, F.S.; removing a 29 cross reference; amending s. 334.30, F.S.; 30 removing a cross reference; amending s. 31 337.251, F.S.; removing a cross reference; 70 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 amending s. 341.501, F.S.; providing that 2 specified actions do not apply to the Florida 3 High-Speed Rail Authority Act; repealing s. 4 341.3201, F.S., relating to the short title for 5 ss. 341.3201-341.386, F.S., the "Florida 6 High-Speed Rail Transportation Act"; repealing 7 s. 341.321, F.S., relating to legislative 8 findings, policy, purpose, and intent with 9 respect to the development of a high-speed rail 10 transportation system connecting the major 11 urban areas of the state; repealing s. 341.322, 12 F.S., relating to definitions of terms; 13 repealing s. 341.325, F.S., relating to special 14 powers and duties of the Department of 15 Transportation; repealing s. 341.327, F.S., 16 which provides that the Florida High-Speed Rail 17 Transportation Act is the sole and exclusive 18 determination of need for any high-speed rail 19 transportation system established under the 20 act, thereby preempting specified 21 determinations of need; repealing s. 341.329, 22 F.S., relating to the issuance of bonds to 23 finance a high-speed rail transportation 24 system; repealing s. 341.331, F.S., relating to 25 designation of the areas of the state to be 26 served by the high-speed rail transportation 27 system and designation of termini; repealing s. 28 341.332, F.S., relating to the award of 29 franchises by the Department of Transportation 30 to establish a high-speed rail transportation 31 system; repealing s. 341.3331, F.S., relating 71 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 to request for proposals; repealing s. 2 341.3332, F.S., relating to notice of issuance 3 of request for proposals; repealing s. 4 341.3333, F.S., relating to requirements with 5 respect to an application for franchise, and 6 confidentiality of the application and portions 7 of the application relating to trade secrets; 8 repealing s. 341.3334, F.S., relating to the 9 departmental review process of application for 10 franchise; repealing s. 341.3335, F.S., 11 relating to interagency coordination of 12 franchise application review; repealing s. 13 341.3336, F.S., relating to public meetings on 14 franchise applications; repealing s. 341.3337, 15 F.S., relating to determination and award of 16 franchise; repealing s. 341.3338, F.S., 17 relating to effect of franchise; repealing s. 18 341.3339, F.S., relating to postfranchise 19 agreements; repealing s. 341.334, F.S., 20 relating to the powers and duties of the 21 Department of Transportation with respect to 22 the act; repealing s. 341.335, F.S., relating 23 to the powers and duties of the Florida Land 24 and Water Adjudicatory Commission sitting as 25 the board; repealing s. 341.336, F.S., relating 26 to the powers and duties of the Department of 27 Environmental Protection, the Department of 28 Community Affairs, and other affected agencies; 29 repealing s. 341.3365, F.S., relating to 30 certification procedures; repealing s. 341.342, 31 F.S., relating to agreements concerning 72 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 contents of certification application and 2 supporting documentation; repealing s. 341.343, 3 F.S., relating to review of certification 4 applications; repealing s. 341.344, F.S., 5 relating to the establishment, composition, 6 organization, and duties of the Citizens' 7 Planning and Environmental Advisory Committee; 8 repealing s. 341.345, F.S., relating to 9 alternate corridors or transit station 10 locations; repealing s. 341.346, F.S., relating 11 to the powers and duties of an administrative 12 law judge appointed to conduct hearings under 13 the act; repealing s. 341.3465, F.S., relating 14 to alteration of time limitations specified by 15 the act; repealing s. 341.347, F.S., relating 16 to required combined public meetings and land 17 use and zoning hearings to be conducted by 18 local governments; repealing s. 341.348, F.S., 19 relating to reports and studies required of 20 various agencies by the act; repealing s. 21 341.351, F.S., relating to publication and 22 contents of notice of certification application 23 and proceedings; repealing s. 341.352, F.S., 24 relating to certification hearings; repealing 25 s. 341.353, F.S., relating to final disposition 26 of certification applications; repealing s. 27 341.363, F.S., relating to the effect of 28 certification; repealing s. 341.364, F.S., 29 relating to a franchisee's right to appeal to 30 the Florida Land and Water Adjudicatory 31 Commission under specified circumstances; 73 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 repealing s. 341.365, F.S., relating to 2 associated development; repealing s. 341.366, 3 F.S., relating to recording of notice of 4 certified corridor route; repealing s. 341.368, 5 F.S., relating to modification of certification 6 or franchise; repealing s. 341.369, F.S., 7 relating to fees imposed by the department and 8 the disposition of such fees; repealing s. 9 341.371, F.S., relating to revocation or 10 suspension of franchise or certification; 11 repealing s. 341.372, F.S., relating to 12 imposition by the department of specified 13 administrative fines in lieu of revocation or 14 suspension of franchise; repealing s. 341.375, 15 F.S., relating to the required participation by 16 women, minorities, and economically 17 disadvantaged individuals in all phases of the 18 design, construction, maintenance, and 19 operation of a high-speed rail transportation 20 system developed under the act, and required 21 plans for compliance by franchisees; repealing 22 s. 341.381, F.S., relating to applicability of 23 the act; repealing s. 341.382, F.S., relating 24 to laws and regulations superseded by the act; 25 repealing s. 341.383, F.S., relating to the 26 authority of local governments to assess 27 specified fees; repealing s. 341.386, F.S., 28 relating to the admissibility of the award of a 29 franchise and of a certification under the act 30 in eminent domain proceedings; amending s. 31 212.055, F.S.; removing a limitation on which 74 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 charter counties may levy a charter county 2 transit surtax; amending s. 163.3187, F.S.; 3 providing for plan amendment relating to 4 certain roadways in specified counties under 5 certain conditions; creating ch. 261, F.S.; 6 creating the T. Mark Schmidt Off-Highway 7 Vehicle Safety and Recreation Act; providing 8 legislative findings and intent; providing 9 definitions; creating the Off-Highway Vehicle 10 Recreation Advisory Committee effective July 1, 11 2003; providing membership, duties, and 12 responsibilities of the committee; providing 13 functions, duties, and responsibilities of the 14 Department of Agriculture and Consumer 15 Services; requiring the department to review 16 certain public lands and make a report to the 17 Governor and the Legislature; providing 18 rulemaking authority; providing for the 19 publication and distribution of a guidebook; 20 providing for the repair, maintenance, and 21 rehabilitation of areas, trails, and lands; 22 providing for contracts and agreements; 23 providing criteria for recreation areas and 24 trails; providing a penalty; providing for the 25 use of designated off-highway vehicle funds 26 within the Incidental Trust Fund of the 27 Division of Forestry of the department; 28 amending s. 316.2074, F.S.; revising the 29 definition of the term "all-terrain vehicle"; 30 prohibiting the use of all-terrain vehicles on 31 public roadways in the state; providing 75 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 exceptions; creating the Florida Off-Highway 2 Vehicle Titling Act; providing legislative 3 intent; providing definitions; providing for 4 administration by the Department of Highway 5 Safety and Motor Vehicles; providing for rules, 6 forms, and notices; requiring certificates of 7 title; providing for application for and 8 issuance of certificates of title; providing 9 for duplicate certificates of title; requiring 10 the furnishing of a manufacturer's statement of 11 origin; providing for fees; providing for 12 disposition of fees; providing authority to 13 refuse to issue and to cancel a certificate of 14 title; providing crimes relating to 15 certificates of title; providing penalties; 16 providing noncriminal infractions; providing 17 penalties; amending s. 375.313, F.S.; deleting 18 fee collection responsibility of the Fish and 19 Wildlife Conservation Commission for 20 registration of off-road vehicles; repealing s. 21 375.315, F.S., relating to the registration of 22 off-road vehicles by the commission; amending 23 s. 316.003, F.S.; defining the term "electric 24 personal assistive mobility device"; creating 25 s. 316.2068, F.S.; providing regulations for 26 electric personal assistive mobility devices; 27 amending s. 337.408, F.S.; providing for 28 regulation of street light poles; amending s. 29 348.0003, F.S.; authorizing a county governing 30 body to set qualifications, terms of office, 31 and obligations and rights for the members of 76 5:02 PM 03/21/02 h1839.tr20.aa
SENATE AMENDMENT Bill No. CS/HB 1839, 1st Eng. Amendment No. ___ Barcode 323378 1 expressway authorities their jurisdictions; 2 amending s. 348.0008, F.S.; allowing expressway 3 authorities to acquire certain interests in 4 land; providing for expressway authorities and 5 their agents or employees to access public or 6 private property for certain purposes; amending 7 s. 320.08058, F.S.; providing for a portion of 8 the annual use fees to be distributed to the 9 Caribbean Conservation Corporation; providing 10 guidelines for the distribution of such funds 11 by the corporation; prohibiting funds from 12 being used for litigation; providing an 13 effective date. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 77 5:02 PM 03/21/02 h1839.tr20.aa