Senate Bill sb1992c2
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Florida Senate - 2002 CS for CS for SB 1992
By the Committees on Commerce and Economic Opportunities;
Transportation; and Senator Sebesta
310-2318-02
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 requiring cooperation with metropolitan
17 planning organizations; creating s. 341.831,
18 F.S.; authorizing the authority to prequalify
19 interested persons or entities prior to seeking
20 proposals for the design, construction,
21 operation, maintenance, and financing of the
22 high-speed rail system; providing for the
23 establishment of qualifying criteria; creating
24 s. 341.832, F.S.; authorizing the authority to
25 develop and execute a request for
26 qualifications process; creating s. 341.833,
27 F.S.; authorizing the authority to develop and
28 execute a request for proposals process to seek
29 a person or entity to design, build, operate,
30 maintain, and finance a high-speed rail system;
31 creating s. 341.836, F.S.; authorizing the
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1 authority to study the development of
2 associated developments; providing requirements
3 of associated developments; creating s.
4 341.837, F.S.; providing for payment of
5 expenses incurred in carrying out the act;
6 creating s. 341.839, F.S.; providing that the
7 act is supplemental and additional to powers
8 conferred by other laws; creating s. 341.843,
9 F.S.; providing that inconsistent provisions of
10 other laws are superseded; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 341.822, Florida Statutes, is
16 amended to read:
17 341.822 Powers and duties.--
18 (1) The authority created and established by this act
19 shall plan, administer, and manage the preliminary engineering
20 and preliminary environmental assessment of the intrastate
21 high-speed rail system in the state, hereinafter referred to
22 as "intrastate high-speed rail." The authority may seek
23 competitive proposals for the design, building, operations and
24 maintenance of the intrastate high-speed rail system; however,
25 the authority may not enter into a contract without
26 legislative approval.
27 (2) The authority may exercise all powers granted to
28 corporations under the Florida Business Corporation Act,
29 chapter 607, except the authority may not incur debt.
30 (3) The authority shall have perpetual succession as a
31 body politic and corporate.
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1 (4) The authority is authorized to seek and obtain
2 federal matching funds or any other funds to fulfill the
3 requirements of this act, either directly or through the
4 Department of Transportation.
5 (5) The authority may employ an executive director,
6 permanent or temporary, as it may require and shall determine
7 the qualifications and fix the compensation. The authority may
8 delegate to one or more of its agents or employees such of its
9 power as it deems necessary to carry out the purposes of this
10 act, subject always to the supervision and control of the
11 authority.
12 (6) The authority may exercise all powers necessary,
13 appurtenant, convenient, or incidental to carrying out the
14 purposes enumerated in subsection (1), including, but not
15 limited to, the rights and powers to:
16 (a) Advertise and promote high-speed rail systems,
17 associated development, and activities of the authority.
18 (b) Accept funds, donations, or contributions of
19 lands, buildings, or other real or personal property from
20 other governmental sources, and accept private donations.
21 (c) Purchase, by directly contracting with local,
22 national, or international insurance companies, liability
23 insurance that the authority is contractually and legally
24 obligated to provide, notwithstanding the requirements of s.
25 287.022(1).
26 (d) Accept proposals that sell the name rights for
27 high-speed rail systems and other related facilities to
28 corporate or individual sponsors.
29 (f) Adopt rules pursuant to ss. 120.536(1) and 120.54
30 as necessary to carry out the purposes of this act.
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1 (7) Enter into interlocal agreements in the manner
2 provided in s. 163.01.
3 (8) The authority shall develop or execute an
4 investment-grade ridership study by competitive proposal.
5 (9) It is the express intent of this act that the
6 authority be authorized, pursuant to provisions of this act,
7 to plan and develop a high-speed rail system and associated
8 development, and to establish and determine such policies as
9 may be necessary for the best interests of the operation and
10 promotion of a high-speed rail system.
11 Section 2. Section 341.823, Florida Statutes, is
12 amended to read:
13 341.823 Criteria for assessment and recommendations.--
14 (1) The following criteria shall apply to the
15 establishment of the high-speed rail system in developing the
16 preliminary engineering, preliminary environmental assessment,
17 and recommendations required by this act:
18 (a) The system shall be capable of traveling speeds in
19 excess of 120 miles per hour consisting of dedicated rails or
20 guideways separated from motor vehicle traffic;
21 (b) The initial segments of the system will be
22 developed and operated between the St. Petersburg area, the
23 Tampa area, and the Orlando area, with future service to the
24 Miami area;
25 (c) The authority is to develop a program model that
26 uses, to the maximum extent feasible, nongovernmental sources
27 of funding for the design, construction, maintenance, and
28 operation, and financing of the system;
29 (2) The authority shall establish requirements make
30 recommendations concerning:
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1 (a) The format and types of information that must be
2 included in a financial or business plan for the high-speed
3 rail system, and the authority may develop that financial or
4 business plan;
5 (b) The preferred routes between the cities and urban
6 areas designated in paragraph (1)(b);
7 (c) The preferred locations for the stations in the
8 cities and urban areas designated in paragraph (1)(b);
9 (d) The preferred locomotion technology to be employed
10 from constitutional choices of monorail, fixed guideway, or
11 magnetic levitation; and
12 (e) Any changes that may be needed in state statutes
13 or federal laws which would make the proposed system eligible
14 for available federal funding; and
15 (e)(f) Any other issues the authority deems relevant
16 to the development of a high-speed rail system.
17 (3) When preparing the operating plan, the authority
18 shall include:
19 (a) The frequency of service between the cities
20 designated in paragraph (1)(b);
21 (b) The proposed fare structure for passenger and
22 freight service;
23 (c) Proposed trip times, system capacity, passenger
24 accommodations, and amenities;
25 (d) Methods to ensure compliance with applicable
26 environmental standards and regulations;
27 (e) A marketing plan, including strategies that can be
28 employed to enhance the utilization of the system;
29 (a)(f) A detailed planning-level ridership study;
30 (g) Consideration of nonfare revenues that may be
31 derived from:
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1 1. The sale of development rights at the stations;
2 2. License, franchise, and lease fees;
3 3. Sale of advertising space on the trains or in the
4 stations; and
5 4. Any other potential sources deemed appropriate.
6 (h) An estimate of the total cost of the entire
7 system, including, but not limited to, the costs to:
8 1. Design and build the stations and monorail, fixed
9 guideway, or magnetic levitation system;
10 2. Acquire any necessary rights-of-way;
11 3. Purchase or lease rolling stock and other equipment
12 necessary to build, operate, and maintain the system.
13 (i) An estimate of the annual operating and
14 maintenance costs for the system and all other associated
15 expenses.
16 (b)(j) An estimate of the value of assets the state or
17 its political subdivisions may provide as in-kind
18 contributions for the system, including rights-of-way,
19 engineering studies performed for previous high-speed rail
20 initiatives, land for rail stations and necessary maintenance
21 facilities, and any expenses that may be incurred by the state
22 or its political subdivisions to accommodate the installation
23 of the system.
24 (k) An estimate of the funding required per year from
25 state funds for the next 30 years for operating the preferred
26 routes between the cities designated in paragraph (1)(b).
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28 Whenever applicable and appropriate, the authority will base
29 estimates of projected costs, expenses, and revenues on
30 documented expenditures or experience derived from similar
31 projects.
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1 Section 3. Section 341.824, Florida Statutes, is
2 amended to read:
3 341.824 Technical, scientific, or other assistance.--
4 (1) The Florida Transportation Commission, the
5 Department of Community Affairs, and the Department of
6 Environmental Protection shall, at the authority's request,
7 provide technical, scientific, or other assistance.
8 (2) The Department of Community Affairs shall, if
9 requested, provide assistance to local governments in
10 analyzing the land use and comprehensive planning aspects of
11 the high-speed rail system. The Department of Community
12 Affairs shall assist the authority with the resolution of any
13 conflicts between the system and adopted local comprehensive
14 plans.
15 (3) The Department of Environmental Protection shall,
16 if requested, provide assistance to local governments and
17 other permitting agencies in analyzing the environmental
18 aspects of the high-speed rail system. The Department of
19 Environmental Protection shall assist the authority and the
20 contractor in expediting the approval of the necessary
21 environmental permits for the system.
22 Section 4. Section 341.827, Florida Statutes, is
23 created to read:
24 341.827 Service areas; segment designation.--
25 (1) The authority shall determine in which order the
26 service areas, as designated by the Legislature, will be
27 served by the high-speed rail system.
28 (2) The authority, in conjunction with the local
29 government having jurisdiction over the affected area, shall
30 designate stations to serve the designated service areas.
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1 (3) The authority shall plan and develop the
2 high-speed rail system so that construction proceeds as
3 follows:
4 (a) Phase I of the system shall be developed and
5 operated between the St. Petersburg area, the Tampa area, the
6 Lakeland area, and the Orlando area. Phase II of the system
7 shall be developed and operated between the Orlando area and
8 the Miami area.
9 (b) Selection of segments of the high-speed rail
10 system to be constructed subsequent to the initial segments of
11 the system shall be prioritized by the authority, giving
12 consideration to the demand for service, financial
13 participation by local governments, financial participation by
14 the private sector, and the available financial resources of
15 the authority.
16 (4) The authority shall work in cooperation with
17 metropolitan planning organizations in areas where the
18 high-speed rail system will be located. The metropolitan
19 planning organizations shall cooperate with the authority and
20 include the high-speed rail system alignment within their
21 adopted long-range transportation plans and transportation
22 improvement programs for the purposes of providing public
23 information, consistency with the plans, and receipt of
24 federal and state funds by the authority to support the
25 high-speed rail system.
26 Section 5. Section 341.831, Florida Statutes, is
27 created to read:
28 341.831 Prequalification.--
29 (1) The authority may prequalify interested persons or
30 entities prior to seeking proposals for the design,
31 construction, operation, maintenance, and financing of the
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1 high-speed rail system. The authority may establish qualifying
2 criteria that may include, but not be limited to, experience,
3 financial resources, organization and personnel, equipment,
4 past record or history of the person or entity, ability to
5 finance or issue bonds, and ability to post a construction or
6 performance bond.
7 (2) The authority may establish the qualifying
8 criteria in a request for qualification without adopting the
9 qualifying criteria as rules.
10 Section 6. Section 341.832, Florida Statutes, is
11 created to read:
12 341.832 Request for qualifications.--
13 (1) The authority is authorized to develop and execute
14 a request for qualifications process to seek a person or
15 entity to design, build, operate, maintain, and finance a
16 high-speed rail system. The authority may issue multiple
17 requests for qualifications. The authority shall develop
18 criteria for selection of a person or entity that shall be
19 included in any request for qualifications.
20 (2) The authority may issue a request for
21 qualifications without adopting a rule.
22 Section 7. Section 341.833, Florida Statutes, is
23 created to read:
24 341.833 Request for proposals.--
25 (1) The authority is authorized to develop and execute
26 a request for proposals process to seek a person or entity to
27 design, build, operate, maintain, and finance a high-speed
28 rail system. However, the authority may not enter into a
29 contract without legislative approval. The authority may issue
30 multiple requests for proposals. The authority shall develop
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1 criteria for selection of a person or entity that shall be
2 included in any request for proposals.
3 (2) In the request for proposals, the authority shall
4 specify the minimum period of time for the contract duration.
5 A person or entity may propose a longer period of time for the
6 contract and provide justification of the need for an extended
7 contract period. If the authority extends the time period for
8 the contract, such time period shall be extended for all
9 persons or entities if so requested.
10 (3) The responses to the request for proposals must
11 include:
12 (a) The frequency of service between the urban areas
13 designated in s. 341.823(1)(b);
14 (b) The proposed fare structure for passenger and
15 freight service;
16 (c) Proposed trip times, system capacity, passenger
17 accommodations, and amenities;
18 (d) Methods to ensure compliance with applicable
19 environmental standards and regulations;
20 (e) A marketing plan, including strategies that can be
21 employed to enhance the use of the system;
22 (f) Consideration of nonfare revenues that may be
23 derived from:
24 1. The sale of development rights at the stations;
25 2. License, franchise, and lease fees;
26 3. Sale of advertising space on the trains or in the
27 stations; and
28 4. Any other potential sources considered appropriate.
29 (g) An estimate of the total cost of the entire
30 system, including, but not limited to, the costs to:
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1 1. Design and build the stations and monorail, fixed
2 guideway, or magnetic levitation system;
3 2. Acquire any necessary rights-of-way;
4 3. Purchase or lease rolling stock and other equipment
5 necessary to build, operate, and maintain the system.
6 (h) An estimate of the annual operating and
7 maintenance costs for the system and all other associated
8 expenses.
9 (i) An estimate of the contributions required per year
10 from federal, state, and other political subdivisions for the
11 next 30 years for operating the preferred routes between the
12 cities and urban areas designated in s. 341.823(1)(b).
13 Section 8. Section 341.836, Florida Statutes, is
14 created to read:
15 341.836 Associated development.--The authority, alone
16 or as part of a joint development, may study the development
17 of associated developments to be a source of revenue for the
18 establishment, construction, operation, or maintenance of the
19 high-speed rail system. Such associated developments must be
20 associated with a rail station and have pedestrian ingress to
21 and egress from the rail station; be consistent, to the extent
22 feasible, with applicable local government comprehensive plans
23 and local land development regulations; and otherwise be in
24 compliance with the provisions of this act.
25 Section 9. Section 341.837, Florida Statutes, is
26 created to read:
27 341.837 Payment of expenses.--All expenses incurred in
28 carrying out the provisions of this act shall be payable
29 solely from funds provided under the authority of this act, or
30 from other legally available sources, and no liability or
31 obligation shall be incurred by the authority, the board, or
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1 its members beyond the extent to which moneys have been
2 provided.
3 Section 10. Section 341.839, Florida Statutes, is
4 created to read:
5 341.839 Alternate means.--The foregoing sections of
6 this act shall be deemed to provide an additional and
7 alternative method for accomplishing the purposes authorized
8 therein, and shall be regarded as supplemental and additional
9 to powers conferred by other laws.
10 Section 11. Section 341.843, Florida Statutes, is
11 created to read:
12 341.843 Provisions of act controlling.--To the extent
13 that the provisions of this act are inconsistent with the
14 provisions of any general statute or special act or parts
15 thereof, the provisions of this act shall be deemed
16 controlling.
17 Section 12. This act shall take effect upon becoming a
18 law.
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20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 CS/SB 1992
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23 The committee substitute requires the High Speed Rail
Authority to cooperate with metropolitan planning
24 organizations. Metropolitan planning organizations are
required to include the high-speed rail system alignment
25 within their long-range transportation plans.
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