Senate Bill sb1992c1

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    Florida Senate - 2002                           CS for SB 1992

    By the Committee on Transportation; and Senator Sebesta





    306-2238-02

  1                      A bill to be entitled

  2         An act relating to high-speed rail

  3         transportation; amending s. 341.822, F.S.;

  4         revising and providing additional powers and

  5         duties of the authority; amending s. 341.823,

  6         F.S.; revising the criteria for assessment and

  7         recommendations with respect to the

  8         establishment of the high-speed rail system;

  9         amending s. 341.824, F.S.; specifying types of

10         technical, scientific, or other assistance to

11         be provided by the Department of Community

12         Affairs and the Department of Environmental

13         Protection; creating s. 341.827, F.S.;

14         providing for determination of service areas

15         and the order of system segment construction;

16         creating s. 341.831, F.S.; authorizing the

17         authority to prequalify interested persons or

18         entities prior to seeking proposals for the

19         design, construction, operation, maintenance,

20         and financing of the high-speed rail system;

21         providing for the establishment of qualifying

22         criteria; creating s. 341.832, F.S.;

23         authorizing the authority to develop and

24         execute a request for qualifications process;

25         creating s. 341.833, F.S.; authorizing the

26         authority to develop and execute a request for

27         proposals process to seek a person or entity to

28         design, build, operate, maintain, and finance a

29         high-speed rail system; creating s. 341.836,

30         F.S.; authorizing the authority to study the

31         development of associated developments;

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  1         providing requirements of associated

  2         developments; creating s. 341.837, F.S.;

  3         providing for payment of expenses incurred in

  4         carrying out the act; creating s. 341.839,

  5         F.S.; providing that the act is supplemental

  6         and additional to powers conferred by other

  7         laws; creating s. 341.843, F.S.; providing that

  8         inconsistent provisions of other laws are

  9         superseded; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 341.822, Florida Statutes, is

14  amended to read:

15         341.822  Powers and duties.--

16         (1)  The authority created and established by this act

17  shall plan, administer, and manage the preliminary engineering

18  and preliminary environmental assessment of the intrastate

19  high-speed rail system in the state, hereinafter referred to

20  as "intrastate high-speed rail." The authority may seek

21  competitive proposals for the design, building, operations and

22  maintenance of the intrastate high-speed rail system; however,

23  the authority may not enter into a contract without

24  legislative approval.

25         (2)  The authority may exercise all powers granted to

26  corporations under the Florida Business Corporation Act,

27  chapter 607, except the authority may not incur debt.

28         (3)  The authority shall have perpetual succession as a

29  body politic and corporate.

30         (4)  The authority is authorized to seek and obtain

31  federal matching funds or any other funds to fulfill the

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  1  requirements of this act, either directly or through the

  2  Department of Transportation.

  3         (5)  The authority may employ an executive director,

  4  permanent or temporary, as it may require and shall determine

  5  the qualifications and fix the compensation. The authority may

  6  delegate to one or more of its agents or employees such of its

  7  power as it deems necessary to carry out the purposes of this

  8  act, subject always to the supervision and control of the

  9  authority.

10         (6)  The authority may exercise all powers necessary,

11  appurtenant, convenient, or incidental to carrying out the

12  purposes enumerated in subsection (1), including, but not

13  limited to, the rights and powers to:

14         (a)  Advertise and promote high-speed rail systems,

15  associated development, and activities of the authority.

16         (b)  Accept funds, donations, or contributions of

17  lands, buildings, or other real or personal property from

18  other governmental sources, and accept private donations.

19         (c)  Purchase, by directly contracting with local,

20  national, or international insurance companies, liability

21  insurance that the authority is contractually and legally

22  obligated to provide, notwithstanding the requirements of s.

23  287.022(1).

24         (d)  Accept proposals that sell the name rights for

25  high-speed rail systems and other related facilities to

26  corporate or individual sponsors.

27         (f)  Adopt rules pursuant to ss. 120.536(1) and 120.54

28  as necessary to carry out the purposes of this act.

29         (7)  Enter into interlocal agreements in the manner

30  provided in s. 163.01.

31

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  1         (8)  The authority shall develop or execute an

  2  investment-grade ridership study by competitive proposal.

  3         (9)  It is the express intent of this act that the

  4  authority be authorized, pursuant to provisions of this act,

  5  to plan and develop a high-speed rail system and associated

  6  development, and to establish and determine such policies as

  7  may be necessary for the best interests of the operation and

  8  promotion of a high-speed rail system.

  9         Section 2.  Section 341.823, Florida Statutes, is

10  amended to read:

11         341.823  Criteria for assessment and recommendations.--

12         (1)  The following criteria shall apply to the

13  establishment of the high-speed rail system in developing the

14  preliminary engineering, preliminary environmental assessment,

15  and recommendations required by this act:

16         (a)  The system shall be capable of traveling speeds in

17  excess of 120 miles per hour consisting of dedicated rails or

18  guideways separated from motor vehicle traffic;

19         (b)  The initial segments of the system will be

20  developed and operated between the St. Petersburg area, the

21  Tampa area, and the Orlando area, with future service to the

22  Miami area;

23         (c)  The authority is to develop a program model that

24  uses, to the maximum extent feasible, nongovernmental sources

25  of funding for the design, construction, maintenance, and

26  operation, and financing of the system;

27         (2)  The authority shall establish requirements make

28  recommendations concerning:

29         (a)  The format and types of information that must be

30  included in a financial or business plan for the high-speed

31

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    Florida Senate - 2002                           CS for SB 1992
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  1  rail system, and the authority may develop that financial or

  2  business plan;

  3         (b)  The preferred routes between the cities and urban

  4  areas designated in paragraph (1)(b);

  5         (c)  The preferred locations for the stations in the

  6  cities and urban areas designated in paragraph (1)(b);

  7         (d)  The preferred locomotion technology to be employed

  8  from constitutional choices of monorail, fixed guideway, or

  9  magnetic levitation; and

10         (e)  Any changes that may be needed in state statutes

11  or federal laws which would make the proposed system eligible

12  for available federal funding; and

13         (e)(f)  Any other issues the authority deems relevant

14  to the development of a high-speed rail system.

15         (3)  When preparing the operating plan, the authority

16  shall include:

17         (a)  The frequency of service between the cities

18  designated in paragraph (1)(b);

19         (b)  The proposed fare structure for passenger and

20  freight service;

21         (c)  Proposed trip times, system capacity, passenger

22  accommodations, and amenities;

23         (d)  Methods to ensure compliance with applicable

24  environmental standards and regulations;

25         (e)  A marketing plan, including strategies that can be

26  employed to enhance the utilization of the system;

27         (a)(f)  A detailed planning-level ridership study;

28         (g)  Consideration of nonfare revenues that may be

29  derived from:

30         1.  The sale of development rights at the stations;

31         2.  License, franchise, and lease fees;

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  1         3.  Sale of advertising space on the trains or in the

  2  stations; and

  3         4.  Any other potential sources deemed appropriate.

  4         (h)  An estimate of the total cost of the entire

  5  system, including, but not limited to, the costs to:

  6         1.  Design and build the stations and monorail, fixed

  7  guideway, or magnetic levitation system;

  8         2.  Acquire any necessary rights-of-way;

  9         3.  Purchase or lease rolling stock and other equipment

10  necessary to build, operate, and maintain the system.

11         (i)  An estimate of the annual operating and

12  maintenance costs for the system and all other associated

13  expenses.

14         (b)(j)  An estimate of the value of assets the state or

15  its political subdivisions may provide as in-kind

16  contributions for the system, including rights-of-way,

17  engineering studies performed for previous high-speed rail

18  initiatives, land for rail stations and necessary maintenance

19  facilities, and any expenses that may be incurred by the state

20  or its political subdivisions to accommodate the installation

21  of the system.

22         (k)  An estimate of the funding required per year from

23  state funds for the next 30 years for operating the preferred

24  routes between the cities designated in paragraph (1)(b).

25

26  Whenever applicable and appropriate, the authority will base

27  estimates of projected costs, expenses, and revenues on

28  documented expenditures or experience derived from similar

29  projects.

30         Section 3.  Section 341.824, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2002                           CS for SB 1992
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  1         341.824  Technical, scientific, or other assistance.--

  2         (1)  The Florida Transportation Commission, the

  3  Department of Community Affairs, and the Department of

  4  Environmental Protection shall, at the authority's request,

  5  provide technical, scientific, or other assistance.

  6         (2)  The Department of Community Affairs shall, if

  7  requested, provide assistance to local governments in

  8  analyzing the land use and comprehensive planning aspects of

  9  the high-speed rail system. The Department of Community

10  Affairs shall assist the authority with the resolution of any

11  conflicts between the system and adopted local comprehensive

12  plans.

13         (3)  The Department of Environmental Protection shall,

14  if requested, provide assistance to local governments and

15  other permitting agencies in analyzing the environmental

16  aspects of the high-speed rail system. The Department of

17  Environmental Protection shall assist the authority and the

18  contractor in expediting the approval of the necessary

19  environmental permits for the system.

20         Section 4.  Section 341.827, Florida Statutes, is

21  created to read:

22         341.827  Service areas; segment designation.--

23         (1)  The authority shall determine in which order the

24  service areas, as designated by the Legislature, will be

25  served by the high-speed rail system.

26         (2)  The authority, in conjunction with the local

27  government having jurisdiction over the affected area, shall

28  designate stations to serve the designated service areas.

29         (3)  The authority shall plan and develop the

30  high-speed rail system so that construction proceeds as

31  follows:

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  1         (a)  Phase I of the system shall be developed and

  2  operated between the St. Petersburg area, the Tampa area, the

  3  Lakeland area, and the Orlando area. Phase II of the system

  4  shall be developed and operated between the Orlando area and

  5  the Miami area.

  6         (b)  Selection of segments of the high-speed rail

  7  system to be constructed subsequent to the initial segments of

  8  the system shall be prioritized by the authority, giving

  9  consideration to the demand for service, financial

10  participation by local governments, financial participation by

11  the private sector, and the available financial resources of

12  the authority.

13         Section 5.  Section 341.831, Florida Statutes, is

14  created to read:

15         341.831  Prequalification.--

16         (1)  The authority may prequalify interested persons or

17  entities prior to seeking proposals for the design,

18  construction, operation, maintenance, and financing of the

19  high-speed rail system. The authority may establish qualifying

20  criteria that may include, but not be limited to, experience,

21  financial resources, organization and personnel, equipment,

22  past record or history of the person or entity, ability to

23  finance or issue bonds, and ability to post a construction or

24  performance bond.

25         (2)  The authority may establish the qualifying

26  criteria in a request for qualification without adopting the

27  qualifying criteria as rules.

28         Section 6.  Section 341.832, Florida Statutes, is

29  created to read:

30         341.832  Request for qualifications.--

31

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    Florida Senate - 2002                           CS for SB 1992
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  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 7.  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. However, the authority may not enter into a

17  contract without legislative approval. The authority may issue

18  multiple requests for proposals. The authority shall develop

19  criteria for selection of a person or entity that shall be

20  included in any request for proposals.

21         (2)  In the request for proposals, the authority shall

22  specify the minimum period of time for the contract duration.

23  A person or entity may propose a longer period of time for the

24  contract and provide justification of the need for an extended

25  contract period. If the authority extends the time period for

26  the contract, such time period shall be extended for all

27  persons or entities if so requested.

28         (3)  The responses to the request for proposals must

29  include:

30         (a)  The frequency of service between the urban areas

31  designated in s. 341.823(1)(b);

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  1         (b)  The proposed fare structure for passenger and

  2  freight service;

  3         (c)  Proposed trip times, system capacity, passenger

  4  accommodations, and amenities;

  5         (d)  Methods to ensure compliance with applicable

  6  environmental standards and regulations;

  7         (e)  A marketing plan, including strategies that can be

  8  employed to enhance the use of the system;

  9         (f)  Consideration of nonfare revenues that may be

10  derived from:

11         1.  The sale of development rights at the stations;

12         2.  License, franchise, and lease fees;

13         3.  Sale of advertising space on the trains or in the

14  stations; and

15         4.  Any other potential sources considered appropriate.

16         (g)  An estimate of the total cost of the entire

17  system, including, but not limited to, the costs to:

18         1.  Design and build the stations and monorail, fixed

19  guideway, or magnetic levitation system;

20         2.  Acquire any necessary rights-of-way;

21         3.  Purchase or lease rolling stock and other equipment

22  necessary to build, operate, and maintain the system.

23         (h)  An estimate of the annual operating and

24  maintenance costs for the system and all other associated

25  expenses.

26         (i)  An estimate of the contributions required per year

27  from federal, state, and other political subdivisions for the

28  next 30 years for operating the preferred routes between the

29  cities and urban areas designated in s. 341.823(1)(b).

30         Section 8.  Section 341.836, Florida Statutes, is

31  created to read:

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  1         341.836  Associated development.--The authority, alone

  2  or as part of a joint development, may study the development

  3  of associated developments to be a source of revenue for the

  4  establishment, construction, operation, or maintenance of the

  5  high-speed rail system.  Such associated developments must be

  6  associated with a rail station and have pedestrian ingress to

  7  and egress from the rail station; be consistent, to the extent

  8  feasible, with applicable local government comprehensive plans

  9  and local land development regulations; and otherwise be in

10  compliance with the provisions of this act.

11         Section 9.  Section 341.837, Florida Statutes, is

12  created to read:

13         341.837  Payment of expenses.--All expenses incurred in

14  carrying out the provisions of this act shall be payable

15  solely from funds provided under the authority of this act, or

16  from other legally available sources, and no liability or

17  obligation shall be incurred by the authority, the board, or

18  its members beyond the extent to which moneys have been

19  provided.

20         Section 10.  Section 341.839, Florida Statutes, is

21  created to read:

22         341.839  Alternate means.--The foregoing sections of

23  this act shall be deemed to provide an additional and

24  alternative method for accomplishing the purposes authorized

25  therein, and shall be regarded as supplemental and additional

26  to powers conferred by other laws.

27         Section 11.  Section 341.843, Florida Statutes, is

28  created to read:

29         341.843  Provisions of act controlling.--To the extent

30  that the provisions of this act are inconsistent with the

31  provisions of any general statute or special act or parts

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  1  thereof, the provisions of this act shall be deemed

  2  controlling.

  3         Section 12.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1992

  8

  9  This committee substitute provides the High-Speed Rail
    Authority may seek competitive proposals for the design,
10  building, operations and maintenance of the high-speed rail
    system. The Authority may not, however, enter into a contract
11  without legislative approval. The Authority is authorized to
    obtain federal matching funds, either directly or through the
12  Florida Department of Transportation (FDOT), to administer and
    manage the preliminary engineering and environmental
13  assessments for the high-speed rail system and for other
    authorized expenditures. The CS provides the Authority may
14  exercise all powers necessary to carry out the enumerated
    preliminary assessments and request for proposals, including
15  but not limited to, the rights and powers to:

16  1.  Advertise and promote high-speed rail systems and
    associated activities;
17
    2.  Accept funds and donations of land or other real or
18  personal property;

19  3.  Purchase liability insurance;

20  4.  Adopt rules; and

21  5.  Accept proposals which sell the naming rights for
    high-speed rail systems or related facilities.
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