CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Ross, Russell, and Johnson offered the
12 following:
13
14 Amendment (with title amendment)
15 On page 35, between lines 12 and 13, of the bill
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17 insert:
18 Section 28. Section 339.141, Florida Statutes, is
19 created to read:
20 339.141 Regional Transportation Act; short title;
21 purpose; Regional Transportation Advisory Council; creation;
22 membership; transportation grants; criteria; applications;
23 approval; project lists; funding.--
24 (1) Sections 339.141-339.143 shall be known as the
25 "Regional Transportation Act," dedicated to identifying and
26 funding high-priority regional transportation projects that
27 create intermodal transportation linkages for passengers and
28 freight, thus increasing cost-competitive travel choices for
29 Florida residents, visitors, and businesses.
30 (2) The underlying purposes of the Regional
31 Transportation Act are to identify projects throughout the
1
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 state that will provide more efficient movement of travelers,
2 goods, and services; assist local governments in developing
3 intermodal linkages; promote logical linkages between
4 different modes of transportation; and attract federal, state,
5 local, and private-sector funds to make these improvements.
6 (3) The Regional Transportation Advisory Council is
7 created to make recommendations annually to the Legislature on
8 the selection of projects as provided in this section.
9 Recommendations shall be made for projects seeking Regional
10 Transportation Act grants pursuant to s. 339.143.
11 (4) The council shall consist of:
12 (a) The secretary of the Department of Transportation,
13 or his or her designee.
14 (b) Two members of the Senate appointed by the
15 President of the Senate.
16 (c) Two members of the House of Representatives
17 appointed by the Speaker of the House of Representatives.
18
19 Terms for council members from the Legislature shall be 2
20 years, provided that a legislative member's term shall not
21 exceed the term of the presiding officer making that member's
22 appointment to the council. Initial appointments must be made
23 no later than 30 days after the effective date of this act.
24 Vacancies on the council shall be filled in the same manner as
25 the initial appointments.
26 (5) Each member of the council shall be allowed one
27 vote. The council shall select a chair from among its
28 membership. Meetings shall be held at the call of the chair
29 but not less frequently than quarterly. The members of the
30 council shall be reimbursed for per diem and travel expenses
31 as provided in s. 112.061.
2
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (6) The Department of Transportation shall provide
2 administrative staff support and shall ensure that council
3 meetings are electronically recorded. Such recordings and all
4 documents received, prepared for, or used by the council in
5 conducting its business shall be preserved pursuant to
6 chapters 119 and 257.
7 (7) Applications for Regional Transportation Act
8 funding shall be submitted to the department no later than
9 October 1 of each year, beginning in 2002, along with
10 documentation that the proposed project meets the criteria
11 listed in s. 339.143. Regional Transportation Act projects may
12 be proposed by any local government, regional organization,
13 economic development board, public or private partnership,
14 metropolitan planning organization, state agency, or other
15 entity engaged in economic development activities.
16 (8) The department shall review all of the
17 applications submitted to determine which ones meet the basic
18 criteria listed in s. 339.143(3). By December 1 of each year,
19 beginning in 2002, the department shall submit to the council
20 all of the Regional Transportation Act grant applications that
21 comply. Included in the department's submittal shall be a
22 summary of each eligible grant application, including summary
23 information indicating how the project meets the criteria in
24 s. 339.143(5).
25 (9)(a) The council shall evaluate all of the
26 applications it receives from the department and shall
27 annually develop a list of recommended projects for Regional
28 Transportation Act grants. The council shall then submit its
29 recommended project list to the Secretary of the Department of
30 Transportation for review and inclusion of any additional
31 compilation of supporting documentation. The Secretary shall
3
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 then submit the approved list to the Legislature for its
2 consideration in time for inclusion in the General
3 Appropriations Act.
4 (b) In selecting projects for inclusion on its
5 recommended projects list, the council shall consider the
6 additional criteria in s. 339.143(5).
7 (10) The council is encouraged to seek input from
8 transportation or economic development entities and to
9 consider the reports and recommendations of task forces, study
10 commissions, or similar entities charged with reviewing issues
11 relevant to the council's mission.
12 (11) The council's recommended projects list shall not
13 be ranked. The list shall total an amount that is no more than
14 1.5 times the amount of state funding available for the total
15 regional transportation program that fiscal year.
16 (12) The Legislature shall consider the council's
17 recommended projects list and shall include approved projects
18 in the General Appropriations Act. Projects approved by the
19 Legislature must be included in the department's adopted work
20 program.
21 (13) For fiscal years 2003-2004 and 2004-2005, the
22 department shall allocate a minimum of $62 million from the
23 State Transportation Trust Fund in its program and resource
24 plan to fund the programs in ss. 339.141-339.143. For fiscal
25 year 2005-2006, the department shall allocate a minimum of $96
26 million for the program in ss. 339.141-339.143. Beginning in
27 fiscal year 2006-2007 and for each year thereafter, the
28 minimum amount allocated shall be $100 million for projects
29 seeking Regional Transportation Grants. This allocation of
30 funds is in addition to any funding provided to this program
31 by any other provision of law. Notwithstanding any other laws
4
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to the contrary, the requirements of ss. 339.135(1)-(5),
2 339.155, and 339.175 shall not apply to these funds and
3 programs.
4 Section 29. Section 339.142, Florida Statutes, is
5 created to read:
6 339.142 Regional transportation corridors.--
7 (1) A "regional transportation corridor" is defined as
8 a regional system of transportation infrastructure that
9 collectively provides for the efficient movement of
10 significant numbers of persons and significant volumes of
11 intrastate, interstate, and international commerce by
12 seamlessly linking multiple modes of travel.
13 (2) Florida's initial regional transportation
14 corridors are:
15 (a) The Interstate 10 Corridor, from Pensacola to
16 Jacksonville.
17 (b) The Gulf Coast Corridor, from Pensacola to St.
18 Petersburg and to Tampa along U.S. 98 and U.S. 19/State Road
19 27.
20 (c) The Interstate 95-Atlantic Coast Corridor, from
21 Jacksonville to Miami.
22 (d) The Central Florida/North-South Corridor, from the
23 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
24 along Interstate 75.
25 (e) The Central Florida/East-West Corridor, from St.
26 Petersburg to Tampa and to Titusville, along Interstate 4 and
27 the Beeline Expressway.
28 (f) The Jacksonville to Tampa Corridor, along U.S.
29 301.
30 (g) The Jacksonville to Orlando Corridor, along U.S.
31 17.
5
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (h) The Southeastern Everglades Corridor, linking
2 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
3 Florida Turnpike.
4
5 For the purposes of this subsection, the term "corridor"
6 includes the roadways linking seaports, commercial service and
7 general aviation airports, rail yards, transportation
8 terminals, and intermodal service centers to the major
9 highways listed in this subsection to designate regional
10 corridors.
11 (3) The Regional Transportation Advisory Council is
12 authorized to make additions to, deletions from, or
13 modifications to the initially designated corridors listed in
14 subsection (2). These changes shall be accomplished through
15 adoption of a resolution by majority vote of the council
16 indicating the changes to the corridors. The department may
17 provide input to the council regarding proposed changes to the
18 corridors, including the results of any consensus-building
19 process undertaken by the department to better define regional
20 transportation corridors. In addition, any of the entities
21 eligible to submit an application for a Regional
22 Transportation Act grant pursuant to s. 339.141(7)(a) may
23 propose corridor changes to the council. The council shall
24 provide any such adopted resolutions to the Governor, the
25 President of the Senate, and the Speaker of the House of
26 Representatives.
27 Section 30. Section 339.143, Florida Statutes, is
28 created to read:
29 339.143 Regional Transportation Act grants.--
30 (1) The Legislature finds that Florida's future
31 regional investments in transportation should be targeted
6
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 toward a regional transportation system that integrates key
2 components of the Florida Intrastate Highway System, seaports,
3 spaceports, aviation facilities, and rail facilities within
4 designated corridors. The Legislature further finds that
5 Florida's future economic health depends on a system that can
6 successfully move growing numbers of residents and tourists
7 and transport goods and services within Florida, as well as to
8 and from national and international markets. Therefore, the
9 Legislature creates Regional Transportation Act grants to
10 address these needs and to supplement existing related
11 transportation programs.
12 (2) Projects eligible to receive Regional
13 Transportation Act grants include, but are not limited to, the
14 following:
15 (a) Seaport projects that improve cargo and passenger
16 movements or connect the seaports to other modes of
17 transportation.
18 (b) Aviation projects that increase passenger
19 enplanements and cargo activity or connect airports to other
20 modes of transportation.
21 (c) Transit projects that improve mobility on
22 interstate highways, improve regional or localized travel, or
23 connect to other modes of transportation.
24 (d) Rail projects that facilitate the movement of
25 passengers and cargo, including ancillary pedestrian
26 facilities, or connect rail facilities to other modes of
27 transportation.
28 (e) Road or highway improvements that improve access
29 to another mode of transportation.
30 (f) Roadway relocation projects or other projects that
31 address vehicle user conflicts, access issues, or safety
7
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 concerns with rail lines.
2 (3) The basic criteria for receipt of a Regional
3 Transportation Act grant are as follows:
4 (a) The project must be able to be made production
5 ready within a 5-year period following the end of the current
6 fiscal year.
7 (b) The project must be consistent with a current
8 transportation system plan, including, but not limited to, the
9 Florida Intrastate Highway System, aviation, intermodal/rail,
10 seaport, spaceport, or transit system plans.
11 (c) The project must not be inconsistent with an
12 approved local comprehensive plan of any local government
13 within whose boundaries the project is located in whole or in
14 part, or, if inconsistent, must be accompanied by an
15 explanation of why the project should be undertaken.
16 (d) The project must be of statewide or regional
17 significance.
18 (e) The project must facilitate the movement of
19 people, goods, and services within a regional transportation
20 corridor designated pursuant to s. 339.142.
21 (f) The project must encourage, enhance, or create
22 economic benefits in urban or rural areas.
23 (4) Eligible projects that meet the basic criteria in
24 subsection (3) as determined by the department shall be
25 forwarded by the department to the Regional Transportation
26 Council for evaluation.
27 (5) The council shall use the following criteria for
28 selecting projects for its recommended projects list:
29 (a) Whether other funds are available to help complete
30 the project.
31 (b) The amount of local, federal, or private matching
8
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 funds available for the project.
2 (c) The extent to which the project incorporates
3 corridor management techniques, including access management
4 strategies, right-of-way acquisition or protection measures,
5 and appropriate zoning and setback controls.
6 (d) The extent to which the project supports a
7 multimodal transportation district established pursuant to s.
8 163.3180(15).
9 (e) The extent to which the project uses new
10 technologies, including intelligent transportation systems, to
11 enhance the efficiency of the transportation system.
12 (6) Pursuant to s. 339.141, the Regional
13 Transportation Advisory Council shall develop a list of
14 recommended regional transportation projects and submit it to
15 the Secretary of the Department of Transportation, who, after
16 reviewing it and its supporting documentation, shall forward
17 it to the Legislature. The Legislature shall consider the
18 council's recommended projects list and shall include approved
19 projects in the General Appropriations Act.
20 Section 31. Subsections (2), (3) and (6) of section
21 339.2817, Florida Statutes, are amended to read:
22 339.2817 County Incentive Grant Program.--
23 (2) To be eligible for consideration, projects must be
24 consistent with applicable local government comprehensive
25 plans and, to the maximum extent feasible, with local
26 metropolitan planning organization plans and local government
27 comprehensive plans.
28 (3) The department must consider, but is not limited
29 to, the following criteria for evaluation of projects for
30 County Incentive Grant Program assistance:
31 (a) The extent to which the project will encourage,
9
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 enhance, or create economic benefits;
2 (b) The likelihood that assistance would enable the
3 project to proceed at an earlier date than the project could
4 otherwise proceed;
5 (c) The extent to which assistance would foster
6 innovative public-private partnerships and attract private
7 debt or equity investment;
8 (d) The extent to which the project uses new
9 technologies, including intelligent transportation systems,
10 which enhance the efficiency of the project;
11 (e) The extent to which the project helps to maintain
12 or protect the environment; and
13 (f) The extent to which the project includes
14 transportation benefits for improving intermodalism and
15 safety;.
16 (g) The extent to which the county has enacted
17 local-option fuel taxes and other dedicated local revenue
18 sources or adopted the 1-percent infrastructure sales surtax
19 or the small county surtax, with priority spending dedicated
20 to transportation improvements; and
21 (h) The extent to which the project incorporates
22 corridor management techniques, including access management
23 strategies, right-of-way acquisition or protection measures,
24 and appropriate zoning and setback controls.
25 (6) A municipality may apply to the county in which
26 the municipality is located for consideration by the county
27 for funding under this section of any project or project phase
28 of a transportation facility which is located on the State
29 Highway System or which is demonstrated to relieve congestion
30 on the State Highway System. The county must evaluate all
31 municipal applications as provided in subsection (3). If the
10
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proposed project is determined by the county to meet the
2 criteria in subsection (3), the county shall send the
3 application to the department on behalf of the municipality.
4 If the proposed project is approved by the department, the
5 county may retain project oversight authority and
6 responsibility for the project on behalf of the municipality.
7 If a municipality's proposed project is rejected by the county
8 for funding under this section, or if the county's proposed
9 project adversely affects a municipality within the county,
10 the municipality may request mediation to resolve any concerns
11 of the municipality and the county.
12 Section 32. Subsections (1) and (2) of section 339.08,
13 Florida Statutes, are amended to read:
14 339.08 Use of moneys in State Transportation Trust
15 Fund.--
16 (1) The department shall expend by rule provide for
17 the expenditure of the moneys in the State Transportation
18 Trust Fund accruing to the department, in accordance with its
19 annual budget.
20 (2) These rules must restrict The use of such moneys
21 is restricted to the following purposes:
22 (l) To fund the Regional Transportation Grant
23 projects selected pursuant to s. 339.143 Transportation
24 Outreach Program created in s. 339.137.
25 Section 33. Section 339.1371, Florida Statutes, is
26 amended to read:
27 339.1371 Mobility 2000; Transportation Outreach
28 Program; funding.--
29 (1) Beginning in fiscal year 2000-2001 the
30 Department of Transportation shall allocate sufficient funds
31 to implement the Mobility 2000 (Building Roads for the 21st
11
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Century) initiative. The department shall develop a plan to
2 expend these revenues and amend the current tentative work
3 program for the time period 2000-2001 through 2004-2005 prior
4 to adoption to include Mobility 2000 projects. In addition,
5 prior to work program adoption, the department shall submit a
6 budget amendment pursuant to s. 339.135(7), requesting budget
7 authority needed to implement the Mobility 2000 initiative.
8 Funds will be used for corridors that link Florida's economic
9 regions to seaports, international airports, and markets to
10 provide connections through major gateways, improved mobility
11 in major urbanized areas, and access routes for emergency
12 evacuation to coastal communities based on analysis of current
13 and projected traffic conditions.
14 (2) Notwithstanding any other provision of law, in
15 fiscal year 2001-2002 and each year thereafter, the increase
16 in revenue to the State Transportation Trust Fund derived from
17 ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,
18 shall be first used by the Department of Transportation to
19 fund the Mobility 2000 initiative and any remaining funds
20 shall be used to fund the Transportation Outreach Program
21 created pursuant to s. 339.137. Notwithstanding any other law
22 to the contrary, the requirements of ss. 206.46(3) and
23 206.606(2) shall not apply to the Mobility 2000 initiative.
24 Section 34. Subsection (3) of section 215.211, Florida
25 Statutes, is amended to read:
26 215.211 Service charge; elimination or reduction for
27 specified proceeds.--
28 (3) Notwithstanding the provisions of s. 215.20(1),
29 the service charge provided in s. 215.20(1), which is deducted
30 from the proceeds of the local option fuel tax distributed
31 under s. 336.025, shall be reduced as follows:
12
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) For the period July 1, 2005, through June 30,
2 2006, the rate of the service charge shall be 3.5 percent.
3 (b) Beginning July 1, 2006, and thereafter, no service
4 charge shall be deducted from the proceeds of the local option
5 fuel tax distributed under s. 336.025.
6
7 An amount equal to the reduction in the service charge The
8 increased revenues derived from this subsection shall be
9 deposited in the State Transportation Trust Fund and used to
10 fund the County Incentive Grant Program and the Small County
11 Outreach Program. Up to 20 percent of such funds shall be used
12 for the purpose of implementing the Small County Outreach
13 Program as provided in this act. Notwithstanding any other
14 laws to the contrary, the requirements of ss. 206.46(3),
15 206.606(2), 339.135(1)-(5), 339.155, and 339.175 shall not
16 apply to these funds and programs.
17 Section 35. For fiscal years 2003-2004 and
18 2004-2005, the department shall allocate a maximum of $30
19 million to projects seeking County Incentive Grant Program
20 grants and Small County Outreach Program grants. Up to 20
21 percent of such funds shall be used for the purpose of
22 implementing the Small County Outreach Program. For fiscal
23 year 2005-2006, the department shall allocate a maximum of $4
24 million to projects seeking County Incentive Program grants
25 and Small County Outreach Program grants. Up to 20 percent of
26 such funds shall be used for the purpose of implementing the
27 Small County Outreach Program.
28 Section 36. Section 339.137, Florida Statutes, is
29 repealed.
30 Section 37. Section 341.8201, Florida Statutes, is
31 created to read:
13
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 341.8201 Short title.--Sections 341.8201-341.843 may
2 be cited as the "Florida High-Speed Rail Authority Act."
3 Section 38. Section 341.8202, Florida Statutes, is
4 created to read:
5 341.8202 Legislative findings, policy, purpose, and
6 intent.--
7 (1) The intent of this act is to implement the purpose
8 of s. 19, Art. X of the State Constitution, which directs the
9 Legislature, the Cabinet and the Governor to proceed with the
10 development, either by the state or an approved private
11 entity, of a high-speed monorail, fixed guideway, or magnetic
12 levitation system, capable of speeds in excess of 120 miles
13 per hour. The development of such a system, which will link
14 Florida's five largest urban areas as defined in this act,
15 includes acquisition of right-of-way and the financing of
16 design and construction with construction beginning on or
17 before November 1, 2003. Further, this act promotes the
18 various growth management and environmental protection laws
19 enacted by the Legislature and encourages and enhances the
20 establishment of a high-speed rail system. The Legislature
21 further finds that:
22 (a) The implementation of a high-speed rail system in
23 the state will result in overall social and environmental
24 benefits, improvements in ambient air quality, better
25 protection of water quality, greater preservation of wildlife
26 habitat, less use of open space, and enhanced conservation of
27 natural resources and energy.
28 (b) A high-speed rail system, when developed in
29 conjunction with sound land use planning, becomes an integral
30 part in achieving growth management goals and encourages the
31 use of public transportation to augment and implement land use
14
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709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and growth management goals and objectives.
2 (c) Development and utilization of a properly
3 designed, constructed, and financed high-speed rail system and
4 associated development can act as a catalyst for economic
5 growth and development, mitigate unduly long and
6 traffic-congested commutes for day-to-day commuters, create
7 new employment opportunities, serve as a positive growth
8 management system for building a better and more
9 environmentally secure state, and serve a paramount public
10 purpose by promoting the health, safety, and welfare of the
11 citizens of the state.
12 (d) Transportation benefits of a high-speed rail
13 system include improved travel times and more reliable travel,
14 which will increase productivity and energy efficiency in the
15 state.
16 (2) The Legislature further finds that:
17 (a) Access to timely and efficient modes of passenger
18 transportation is necessary for travelers, visitors, and
19 day-to-day commuters, to the quality of life in the state, and
20 to the economy of the state.
21 (b) Technological advances in the state's
22 transportation system can significantly and positively affect
23 the ability of the state to attract and provide efficient
24 services for domestic and international tourists and therefore
25 increase revenue of the state.
26 (c) The geography of the state is suitable for the
27 construction and efficient operation of a high-speed rail
28 system.
29 (d) The public use of the high-speed rail system must
30 be encouraged and assured in order to achieve the public
31 purpose and objectives set forth in this act. In order to
15
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 encourage the public use of the high-speed rail system and to
2 protect the public investment in the system, it is necessary
3 to provide an environment surrounding each high-speed rail
4 station which will allow the development of associated
5 development for the purpose of creating revenue in support of
6 and for the high-speed rail system, enhance the safe movement
7 of pedestrians and traffic into and out of the area, ensure
8 the personal safety of high-speed rail system and related
9 facility users and their personal property while the users are
10 in the area of each station, and eliminate all conditions in
11 the vicinity which constitute economic and social impediments
12 and barriers to the use of the high-speed rail system and
13 associated development.
14 (e) Areas surrounding certain proposed high-speed rail
15 stations can, as a result of existing conditions, crime, and
16 traffic congestion, pose a serious threat to the use of the
17 high-speed rail system, reduce revenue from users, discourage
18 pedestrian and traffic ingress and egress, retard sound growth
19 and development, impair public investment, and consume an
20 excessive amount of public revenues in the employment of
21 police and other forms of public protection to adequately
22 safeguard the high-speed rail system and its users. Such areas
23 may require redevelopment, acquisition, clearance, or
24 disposition, or joint public and private development to
25 provide parking facilities, retail establishments,
26 restaurants, hotels, or office facilities associated with or
27 ancillary to the high-speed rail system and rail stations and
28 to otherwise provide for an environment that will encourage
29 the use of, and safeguard, the system.
30 (f) The powers conferred by this act are for public
31 uses and purposes as established by s. 19, Art. X of the State
16
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Constitution for which public funds may be expended, and the
2 necessity in the public interest for the provisions herein
3 enacted is hereby declared as a matter of legislative
4 determination to implement the intent of s. 19, Art. X of the
5 State Constitution.
6 (g) Urban and social benefits include revitalization
7 of economically depressed areas, the redirection of growth in
8 a carefully and comprehensively planned manner, and the
9 creation of numerous employment opportunities within
10 inner-city areas.
11 (h) The provisions contained in this act are a
12 declaration of legislative intent that the state develop a
13 high-speed rail system to help solve transportation problems
14 and eliminate their negative effect on the citizens of this
15 state, and therefore serves a public purpose.
16 (i) Joint development is a necessary planning,
17 financing, management, operation, and construction mechanism
18 to ensure the continued future development of an efficient and
19 economically viable high-speed rail system in this state.
20 (3) It is the intent of the Legislature to authorize
21 the authority to implement innovative mechanisms required to
22 effect the joint public-private venture approach to planning,
23 locating, permitting, managing, financing, constructing,
24 operating, and maintaining a high-speed rail system for the
25 state, including providing incentives for revenue generation,
26 operation, construction, and management by the private sector.
27 Section 39. Section 341.8203, Florida Statutes, is
28 created to read:
29 341.8203 Definitions.--As used in this act, unless the
30 context clearly indicates otherwise, the term:
31 (1) "Associated development" means property,
17
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 equipment, buildings, or other ancillary facilities which are
2 built, installed, or established to provide financing,
3 funding, or revenues for the planning, building, managing, and
4 operation of a high-speed rail system and which are associated
5 with or part of the rail stations. The term includes property,
6 including air rights, necessary for joint development, such as
7 parking facilities, retail establishments, restaurants,
8 hotels, offices, or other commercial, civic, residential, or
9 support facilities, and may also include property necessary to
10 protect or preserve the rail station area by reducing urban
11 blight or traffic congestion or property necessary to
12 accomplish any of the purposes set forth in this subsection
13 which are reasonably anticipated or necessary.
14 (2) "Authority" means the Florida High-Speed Rail
15 Authority and its agents.
16 (3) "Central Florida" means the counties of Lake,
17 Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,
18 Hernando, Pasco, Hillsborough, Pinellas, and Polk.
19 (4) "DBOM contract" means the document and all
20 concomitant rights approved by the authority providing the
21 selected person or entity the exclusive right to design,
22 build, operate, and maintain a high-speed rail system.
23 (5) "DBOM & F contract" means the document and all
24 concomitant rights approved by the authority providing the
25 selected person or entity the exclusive right to design,
26 build, operate, maintain, and finance a high-speed rail
27 system.
28 (6) "High-speed rail system" means any high-speed
29 fixed guideway system for transporting people or goods, which
30 system is capable of operating at speeds in excess of 120
31 miles per hour, including, but not limited to, a monorail
18
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 system, dual track rail system, suspended rail system,
2 magnetic levitation system, pneumatic repulsion system, or
3 other system approved by the authority. The term includes a
4 corridor and structures essential to the operation of the
5 line, including the land, structures, improvements,
6 rights-of-way, easements, rail lines, rail beds, guideway
7 structures, stations, platforms, switches, yards, parking
8 facilities, power relays, switching houses, rail stations,
9 associated development, and any other facilities or equipment
10 used or useful for the purposes of high-speed rail system
11 design, construction, operation, maintenance, or the financing
12 of the high-speed rail system.
13 (7) "Joint development" means the planning, managing,
14 financing, or constructing of projects adjacent to,
15 functionally related to, or otherwise related to a high-speed
16 rail system pursuant to agreements between any person, firm,
17 corporation, association, organization, agency, or other
18 entity, public or private.
19 (8) "Northeast Florida" means the counties of Nassau,
20 Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
21 (9) "Northwest Florida" means the counties of
22 Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,
23 Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,
24 Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,
25 Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,
26 and Levy.
27 (10) "Rail station," "station," or "high-speed rail
28 station" means any structure or transportation facility that
29 is part of a high-speed rail system designed to accommodate
30 the movement of passengers from one mode of transportation to
31 another at which passengers board or disembark from
19
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 transportation conveyances and transfer from one mode of
2 transportation to another.
3 (11) "Selected person or entity" means the person or
4 entity to whom the authority awards a contract under s.
5 341.834 to establish a high-speed rail system pursuant to this
6 act.
7 (12) "Southeast Florida" means the counties of
8 Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,
9 Okeechobee, and Palm Beach.
10 (13) "Southwest Florida" means the counties of
11 Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,
12 Glades, Lee, Hendry, and Collier.
13 (14) "Urban areas" means Central Florida, Northeast
14 Florida, Northwest Florida, Southeast Florida, and Southwest
15 Florida.
16 Section 40. Section 341.821, Florida Statutes, is
17 amended to read:
18 341.821 Florida High-Speed Rail Authority.--
19 (1) There is created and established a body politic
20 and corporate, an agency of the state, to be known as the
21 "Florida High-Speed Rail Authority," hereinafter referred to
22 as the "authority."
23 (2)(a) The governing board of the authority shall
24 consist of nine voting members appointed as follows:
25 1. Three members shall be appointed by the Governor,
26 one of whom must have a background in the area of
27 environmental concerns, one of whom must have a legislative
28 background, and one of whom must have a general business
29 background.
30 2. Three members shall be appointed by the President
31 of the Senate, one of whom must have a background in civil
20
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 engineering, one of whom must have a background in
2 transportation construction, and one of whom must have a
3 general business background.
4 3. Three members shall be appointed by the Speaker of
5 the House of Representatives, one of whom must have a legal
6 background, one of whom must have a background in financial
7 matters, and one of whom must have a general business
8 background.
9 (b) The appointed members shall not be subject to
10 confirmation by the Senate. The initial term of each member
11 appointed by the Governor shall be for 4 years. The initial
12 term of each member appointed by the President of the Senate
13 shall be for 3 years. The initial term of each member
14 appointed by the Speaker of the House of Representatives shall
15 be for 2 years. Succeeding terms for all members shall be for
16 terms of 4 years. Initial appointments must be made within 30
17 days after the effective date of this act.
18 (c) A vacancy occurring during a term shall be filled
19 by the respective appointing authority in the same manner as
20 the original appointment and only for the balance of the
21 unexpired term. An appointment to fill a vacancy shall be made
22 within 60 days after the occurrence of the vacancy.
23 (d) The Secretary of Transportation shall be a
24 nonvoting ex officio member of the board.
25 (e) The board shall elect one of its members as chair
26 of the authority. The chair shall hold office at the will of
27 the board. Five members of the board shall constitute a
28 quorum, and the vote of five members shall be necessary for
29 any action taken by the authority. The authority may meet upon
30 the constitution of a quorum. No vacancy in the authority
31 shall impair the right of a quorum of the board to exercise
21
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all rights and perform all duties of the authority.
2 (f) The members of the board shall not be entitled to
3 compensation but shall be entitled to receive their travel and
4 other necessary expenses as provided in s. 112.061.
5 (3) Notwithstanding any other law to the contrary, it
6 shall not be or constitute a conflict of interest for a person
7 having a background specified in this section to serve as a
8 member of the authority. However, in each official decision to
9 which this act is applicable, such member's firm or related
10 entity may not have a financial or economic interest nor shall
11 the authority contract with or conduct any business with a
12 member or such member's firm or directly related business
13 entity.
14 (4) The authority shall be assigned to the Department
15 of Transportation for administrative purposes. The authority
16 shall be a separate budget entity. The Department of
17 Transportation shall provide administrative support and
18 service to the authority to the extent requested by the chair
19 of the authority. The authority shall not be subject to
20 control, supervision, or direction by the Department of
21 Transportation in any manner, including, but not limited to,
22 personnel, purchasing, transactions involving real or personal
23 property, and budgetary matters.
24 Section 41. Section 341.822, Florida Statutes, is
25 amended to read:
26 341.822 Powers and duties.--
27 (1) The authority created and established by this act
28 shall locate, plan, design, finance, construct, maintain, own,
29 operate, administer, and manage the preliminary engineering
30 and preliminary environmental assessment of the intrastate
31 high-speed rail system in the state., hereinafter referred to
22
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 as "intrastate high-speed rail."
2 (2) The authority may exercise all powers granted to
3 corporations under the Florida Business Corporation Act,
4 chapter 607, except the authority may only not incur debt in
5 accordance with the provisions of this act.
6 (3) The authority shall have perpetual succession as a
7 body politic and corporate.
8 (4) The authority is authorized to seek and obtain
9 federal matching funds or any other funds to fulfill the
10 requirements of this act either directly or through the
11 Department of Transportation.
12 (5) The authority may employ an executive director,
13 permanent or temporary, as it may require and shall determine
14 the qualifications and fix the compensation. The authority may
15 delegate to one or more of its agents or employees such of its
16 power as it deems necessary to carry out the purposes of this
17 act, subject always to the supervision and control of the
18 authority.
19 Section 42. Section 341.823, Florida Statutes, is
20 amended to read:
21 341.823 Criteria for assessment and recommendations.--
22 (1) The following criteria shall apply to the
23 establishment of the high-speed rail system in developing the
24 preliminary engineering, preliminary environmental assessment,
25 and recommendations required by this act:
26 (a) The system shall be capable of traveling speeds in
27 excess of 120 miles per hour consisting of dedicated rails or
28 guideways separated from motor vehicle traffic;
29 (b) The initial segments of the system will be
30 developed and operated between the St. Petersburg area, the
31 Tampa area, and the Orlando area, with future service to the
23
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Miami area;
2 (c) The authority is to develop a program model that
3 uses, to the maximum extent feasible, nongovernmental sources
4 of funding for the design, construction, maintenance, and
5 operation, and financing of the system;
6 (2) The authority shall establish requirements make
7 recommendations concerning:
8 (a) The format and types of information that must be
9 included in a financial or business plan for the high-speed
10 rail system, and the authority may develop that financial or
11 business plan;
12 (b) The preferred routes between the cities and urban
13 areas designated in accordance with s. 341.8203 in paragraph
14 (1)(b);
15 (c) The preferred locations for the stations in the
16 cities and urban areas designated in accordance with s.
17 341.8203 in paragraph (1)(b);
18 (d) The preferred locomotion technology to be employed
19 from constitutional choices of monorail, fixed guideway, or
20 magnetic levitation; and
21 (e) Any changes that may be needed in state statutes
22 or federal laws which would make the proposed system eligible
23 for available federal funding; and
24 (e)(f) Any other issues the authority deems relevant
25 to the development of a high-speed rail system.
26 (3) The authority shall develop a marketing plan, a
27 detailed planning-level ridership study, and an estimate of
28 the annual operating and maintenance cost for the system and
29 all other associate expenses.
30 (3) When preparing the operating plan, the authority
31 shall include:
24
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (a) The frequency of service between the cities
2 designated in paragraph (1)(b);
3 (b) The proposed fare structure for passenger and
4 freight service;
5 (c) Proposed trip times, system capacity, passenger
6 accommodations, and amenities;
7 (d) Methods to ensure compliance with applicable
8 environmental standards and regulations;
9 (e) A marketing plan, including strategies that can be
10 employed to enhance the utilization of the system;
11 (f) A detailed planning-level ridership study;
12 (g) Consideration of nonfare revenues that may be
13 derived from:
14 1. The sale of development rights at the stations;
15 2. License, franchise, and lease fees;
16 3. Sale of advertising space on the trains or in the
17 stations; and
18 4. Any other potential sources deemed appropriate.
19 (h) An estimate of the total cost of the entire
20 system, including, but not limited to, the costs to:
21 1. Design and build the stations and monorail, fixed
22 guideway, or magnetic levitation system;
23 2. Acquire any necessary rights-of-way;
24 3. Purchase or lease rolling stock and other equipment
25 necessary to build, operate, and maintain the system.
26 (i) An estimate of the annual operating and
27 maintenance costs for the system and all other associated
28 expenses.
29 (j) An estimate of the value of assets the state or
30 its political subdivisions may provide as in-kind
31 contributions for the system, including rights-of-way,
25
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 engineering studies performed for previous high-speed rail
2 initiatives, land for rail stations and necessary maintenance
3 facilities, and any expenses that may be incurred by the state
4 or its political subdivisions to accommodate the installation
5 of the system.
6 (k) An estimate of the funding required per year from
7 state funds for the next 30 years for operating the preferred
8 routes between the cities designated in paragraph (1)(b).
9
10 Whenever applicable and appropriate, the authority will base
11 estimates of projected costs, expenses, and revenues on
12 documented expenditures or experience derived from similar
13 projects.
14 Section 43. Section 341.824, Florida Statutes, is
15 amended to read:
16 341.824 Technical, scientific, or other assistance.--
17 (1) The Florida Transportation Commission, the
18 Department of Community Affairs, and the Department of
19 Environmental Protection shall, at the authority's request,
20 provide technical, scientific, or other assistance.
21 (2) The Department of Community Affairs shall, if
22 requested, provide assistance to local governments in
23 analyzing the land use and comprehensive planning aspects of
24 the high-speed rail system. The Department of Community
25 Affairs shall assist the authority with the resolution of any
26 conflicts between the system and adopted local comprehensive
27 plans.
28 (3) The Department of Environmental Protection shall,
29 if requested, provide assistance to local governments and
30 other permitting agencies in analyzing the environmental
31 aspects of the high-speed rail system. The Department of
26
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Environmental Protection shall assist the authority and the
2 contractor in expediting the approval of the necessary
3 environmental permits for the system.
4 Section 44. Section 341.827, Florida Statutes, is
5 created to read:
6 341.827 Service areas; segment designation.--
7 (1) The authority shall determine in which order the
8 service areas, as designated by the Legislature, will be
9 served by the high-speed rail system.
10 (2) The authority shall plan and develop the
11 high-speed rail system so that construction proceeds as
12 follows:
13 (a) The initial segments of the system shall be
14 developed and operated between the St. Petersburg area, the
15 Tampa area, the Lakeland/Winter Haven area, and the Orlando
16 area, with future service to the Miami area.
17 (b) Construction of subsequent segments of the
18 high-speed rail system shall connect the metropolitan areas of
19 Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.
20 Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.
21 Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,
22 Tallahassee, and Pensacola.
23 (c) Selection of segments of the high-speed rail
24 system to be constructed subsequent to the initial segments of
25 the system shall be prioritized by the authority, giving
26 consideration to the demand for service, financial
27 participation by local governments, financial participation by
28 the private sector, and the available financial resources of
29 the authority.
30 Section 45. Section 341.828, Florida Statutes, is
31 created to read:
27
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 341.828 Permitting.--
2 (1) The authority, for the purposes of permitting, may
3 utilize one or more permitting processes provided for in
4 statute, including, but not limited to, the metropolitan
5 planning organization long-range transportation planning
6 process as defined in s. 339.175 (6) and (7), in conjunction
7 with the Department of Transportation's work program process
8 as defined in s. 339.135, or any permitting process now in
9 effect or that may be in effect at the time of permitting and
10 will provide the most timely and cost-effective permitting
11 process.
12 (2) The authority shall work in cooperation with
13 metropolitan planning organizations in areas where the
14 high-speed rail system will be located. The metropolitan
15 planning organizations shall cooperate with the authority and
16 include the high-speed rail system alignment within their
17 adopted long-range transportation plans and transportation
18 improvement programs for the purposes of providing public
19 information, consistency with the plans, and receipt of
20 federal and state funds by the authority to support the
21 high-speed rail system.
22 (3) For purposes of selecting a route alignment, the
23 authority may use the project development and environment
24 study process, including the efficient transportation
25 decisionmaking system process as adopted by the Department of
26 Transportation.
27 Section 46. Section 341.829, Florida Statutes, is
28 created to read:
29 341.829 Conflict prevention, mitigation, and
30 resolution.--
31 (1) The authority, in conjunction with the Executive
28
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Office of the Governor, the Department of Community Affairs,
2 and the Department of Environmental Protection, shall develop
3 and implement, within 180 days after the effective date of
4 this act, a process to prevent, mitigate, and resolve, to the
5 maximum extent feasible, any conflicts or potential conflicts
6 of a high-speed rail system with growth management
7 requirements and environmental standards.
8 (2) Any person who disagrees with the alignment
9 decision must file a complaint with the authority within 20
10 days after the authority's final adoption of the alignment.
11 (3) The authority must respond to any timely filed
12 complaint within 60 days after the complaint is filed with the
13 authority.
14 Section 47. Section 341.830, Florida Statutes, is
15 created to read:
16 341.830 Procurement.--
17 (1) The authority may employ procurement methods under
18 chapters 255, 287, and 337 and under any rule adopted under
19 such chapters. To enhance the effective and efficient
20 operation of the authority, and to enhance the ability of the
21 authority to use best business practices, the authority may,
22 pursuant to ss. 120.536(1) and 120.54, adopt rules for and
23 employ procurement methods available to the private sector.
24 (2) The authority is authorized to procure commodities
25 and the services of a qualified person or entity to design,
26 build, finance, operate, maintain, and implement a high-speed
27 rail system, including the use of a DBOM or DBOM & F method
28 using a request for proposal, a request for qualifications, or
29 an invitation to negotiate.
30 Section 48. Section 341.831, Florida Statutes, is
31 created to read:
29
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 341.831 Prequalification.--
2 (1) The authority may prequalify interested persons or
3 entities prior to seeking proposals for the design,
4 construction, operation, maintenance, and financing of the
5 high-speed rail system. The authority may establish qualifying
6 criteria that may include, but not be limited to, experience,
7 financial resources, organization and personnel, equipment,
8 past record or history of the person or entity, ability to
9 finance or issue bonds, and ability to post a construction or
10 performance bond.
11 (2) The authority may establish the qualifying
12 criteria in a request for qualification without adopting the
13 qualifying criteria as rules.
14 Section 49. Section 341.832, Florida Statutes, is
15 created to read:
16 341.832 Request for qualifications.--
17 (1) The authority is authorized to develop and execute
18 a request for qualifications process to seek a person or
19 entity to design, build, operate, maintain, and finance a
20 high-speed rail system. The authority may issue multiple
21 requests for qualifications. The authority shall develop
22 criteria for selection of a person or entity that shall be
23 included in any request for qualifications.
24 (2) The authority may issue a request for
25 qualifications without adopting a rule.
26 Section 50. Section 341.833, Florida Statutes, is
27 created to read:
28 341.833 Request for proposals.--
29 (1) The authority is authorized to develop and execute
30 a request for proposals process to seek a person or entity to
31 design, build, operate, maintain, and finance a high-speed
30
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 rail system. The authority may issue multiple requests for
2 proposals. The authority shall develop criteria for selection
3 of a person or entity that shall be included in any request
4 for proposals.
5 (2) In the request for proposals, the authority shall
6 specify the minimum period of time for the contract duration.
7 A person or entity may propose a longer period of time for the
8 contract and provide justification of the need for an extended
9 contract period. If the authority extends the time period for
10 the contract, such time period shall be extended for all
11 persons or entities if so requested.
12 Section 51. Section 341.834, Florida Statutes, is
13 created to read:
14 341.834 Award of contract.--
15 (1) The authority may award a contract subject to such
16 terms and conditions, including, but not limited to,
17 compliance with any applicable permitting requirements, and
18 any other terms and conditions the authority considers
19 appropriate.
20 (2) The contract shall authorize the contractor to
21 provide service between stations as established by the
22 contract. The contractor shall coordinate its facilities and
23 services with passenger rail providers, commuter rail
24 authorities, and public transit providers to provide access to
25 and from the high-speed rail system.
26 (3) The contractor shall not convey, lease, or
27 otherwise transfer any high-speed rail system property, any
28 interest in such property, or any improvement constructed upon
29 such property without written approval of the authority.
30 Section 52. Section 341.835, Florida Statutes, is
31 created to read:
31
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 341.835 Acquisition of property; rights-of-way;
2 disposal of land.--
3 (1) The authority may purchase, lease, exchange, or
4 otherwise acquire any land, property interests, or buildings
5 or other improvements, including personal property within such
6 buildings or on such lands, necessary to secure or utilize
7 rights-of-way for existing, proposed, or anticipated
8 high-speed rail system facilities.
9 (2) Title to any property acquired in the name of the
10 authority shall be administered by the authority under such
11 terms and conditions as the authority may require.
12 (3) When the authority acquires property for a
13 high-speed rail system, or any related or ancillary
14 facilities, by purchase or donation, it is not subject to any
15 liability imposed by chapter 376 or chapter 403 for
16 preexisting soil or groundwater contamination due solely to
17 its ownership. This section does not affect the rights or
18 liabilities of any past or future owners of the acquired
19 property, nor does it affect the liability of any governmental
20 entity for the results of its actions which create or
21 exacerbate a pollution source. The authority and the
22 Department of Environmental Protection may enter into
23 interagency agreements for the performance, funding, and
24 reimbursement of the investigative and remedial acts necessary
25 for property acquired by the authority.
26 (4) In acquiring property or property rights for any
27 high-speed rail system or related or ancillary facilities, the
28 authority may acquire an entire lot, block, or tract of land
29 if the interests of the public will be best served by such
30 acquisition, even though the entire lot, block, or tract is
31 not immediately needed for the right-of-way proper or for the
32
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 specific related or ancillary facilities.
2 (5) The authority, by resolution, may dispose of any
3 interest in property acquired pursuant to this section on
4 terms and conditions the authority deems appropriate.
5 (6) The authority and its employees and agents shall
6 have the right to enter upon properties which may be
7 determined to be necessary for the construction,
8 reconstruction, relocation, maintenance, and operation of a
9 proposed high-speed rail system and associated development and
10 related or ancillary facilities as described in subsection (1)
11 for the purposes of surveying and soil and environmental
12 testing.
13 (7) The authority is authorized to accept donations of
14 real property from public or private entities for the purposes
15 of implementing a high-speed rail system.
16 Section 53. Section 341.836, Florida Statutes, is
17 created to read:
18 341.836 Associated development.--
19 (1) The authority, alone or as part of a joint
20 development, may undertake development of associated
21 developments to be a source of revenue for the establishment,
22 construction, operation, or maintenance of the high-speed rail
23 system. Such associated developments must be associated with
24 a rail station and have pedestrian ingress to and egress from
25 the rail station; be consistent, to the extent feasible, with
26 applicable local government comprehensive plans and local land
27 development regulations; and otherwise be in compliance with
28 the provisions of this act.
29 (2) This act does not prohibit the authority, the
30 selected person or entity, or a party to a joint venture with
31 the authority or its selected person or entity from obtaining
33
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 approval, pursuant to any other law, for any associated
2 development that is reasonably related to the high-speed rail
3 system.
4 Section 54. Section 341.837, Florida Statutes, is
5 created to read:
6 341.837 Payment of expenses.--All expenses incurred in
7 carrying out the provisions of this act shall be payable
8 solely from funds provided under the authority of this act, or
9 from other legally available sources.
10 Section 55. Section 341.838, Florida Statutes, is
11 created to read:
12 341.838 Rates, rents, fees, and charges.--
13 (1) The authority is authorized to fix, revise,
14 charge, and collect rates, rents, fees, charges, and revenues
15 for the use of and for the services furnished, or to be
16 furnished, by the system and to contract with any person,
17 partnership, association, corporation, or other body, public
18 or private, in respect thereof. Such rates, rents, fees, and
19 charges shall be reviewed annually by the authority and may be
20 adjusted as set forth in the contract setting such rates,
21 rents, fees, or charges. The funds collected hereunder shall,
22 with any other funds available, be used to pay the cost of all
23 administrative expenses of the authority, and the cost of
24 designing, building, operating, and maintaining the system and
25 each and every portion thereof, to the extent that the payment
26 of such cost has not otherwise been adequately provided for.
27 (2) Rates, rents, fees, and charges fixed, revised,
28 charged, and collected pursuant to this section shall not be
29 subject to supervision or regulation by any department,
30 commission, board, body, bureau, or agency of this state other
31 than the authority.
34
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 56. Section 341.839, Florida Statutes, is
2 created to read:
3 341.839 Alternate means.--The foregoing sections of
4 this act shall be deemed to provide an additional and
5 alternative method for accomplishing the purposes authorized
6 therein, and shall be regarded as supplemental and additional
7 to powers conferred by other laws. Except as otherwise
8 expressly provided in this act, none of the powers granted to
9 the authority under the provisions of this act shall be
10 subject to the supervision or require the approval or consent
11 of any municipality or political subdivision or any
12 commission, board, body, bureau, or official.
13 Section 57. Section 341.840, Florida Statutes, is
14 created to read:
15 341.840 Tax exemption.--The exercise of the powers
16 granted by this act will be in all respects for the benefit of
17 the people of this state, for the increase of their commerce,
18 welfare, and prosperity, and for the improvement of their
19 health and living conditions, and as the design, building,
20 operation, maintenance, and financing of a system by the
21 authority or its agent or the owner or lessee thereof, as
22 herein authorized, constitutes the performance of an essential
23 public function, neither the authority, its agent, nor the
24 owner of such system shall be required to pay any taxes or
25 assessments upon or in respect to the system or any property
26 acquired or used by the authority, its agent, or such owner
27 under the provisions of this act or upon the income therefrom,
28 any security therefor, their transfer, and the income
29 therefrom, including any profit made on the sale thereof,
30 shall at all times be free from taxation of every kind by the
31 state, the counties, and the municipalities and other
35
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 political subdivisions in the state.
2 Section 58. Section 341.841, Florida Statutes, is
3 created to read:
4 341.841 Report; audit.--The authority shall prepare an
5 annual report of its actions, findings, and recommendations
6 and submit the report to the Governor, the President of the
7 Senate, and the Speaker of the House of Representatives on or
8 before January 1. The authority shall provide for an annual
9 financial audit, as defined in s. 11.45, of its accounts and
10 records conducted by an independent certified public
11 accountant. The audit report shall include a management letter
12 as defined in s. 11.45. The cost of the audit shall be paid
13 from funds available to the authority pursuant to this act.
14 Section 59. Section 341.842, Florida Statutes, is
15 created to read:
16 341.842 Liberal construction.--This act, being
17 necessary for the welfare of the state and its inhabitants,
18 shall be liberally construed to effect the purposes hereof.
19 Section 60. Subsection (10) of section 288.109,
20 Florida Statutes, is amended to read:
21 288.109 One-Stop Permitting System.--
22 (10) Notwithstanding any other provision of law or
23 administrative rule to the contrary, the fee imposed by a
24 state agency or water management district for issuing a
25 development permit shall be waived for a 6-month period
26 beginning on the date the state agency or water management
27 district begins accepting development permit applications over
28 the Internet and the applicant submits the development permit
29 to the agency or district using the One-Stop Permitting
30 System. The 6-month fee waiver shall not apply to development
31 permit fees assessed by the Electrical Power Plant Siting Act,
36
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ss. 403.501-403.519; the Transmission Line Siting Act, ss.
2 403.52-403.5365; the statewide Multi-purpose Hazardous Waste
3 Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas
4 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed
5 Rail Transportation Siting Act, ss. 341.3201-341.386.
6 Section 61. Subsection (6) of section 334.30, Florida
7 Statutes, is amended to read:
8 334.30 Private transportation facilities.--The
9 Legislature hereby finds and declares that there is a public
10 need for rapid construction of safe and efficient
11 transportation facilities for the purpose of travel within the
12 state, and that it is in the public's interest to provide for
13 the construction of additional safe, convenient, and
14 economical transportation facilities.
15 (6) Notwithstanding s. 341.327, A fixed-guideway
16 transportation system authorized by the department to be
17 wholly or partially within the department's right-of-way
18 pursuant to a lease granted under s. 337.251 may operate at
19 any safe speed.
20 Section 62. Subsection (9) of section 337.251, Florida
21 Statutes, is amended to read:
22 337.251 Lease of property for joint public-private
23 development and areas above or below department property.--
24 (9) Notwithstanding s. 341.327, A fixed-guideway
25 transportation system authorized by the department to be
26 wholly or partially within the department's right-of-way
27 pursuant to a lease granted under this section may operate at
28 any safe speed.
29 Section 63. Section 341.501, Florida Statutes, is
30 amended to read:
31 341.501 High-technology transportation systems; joint
37
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 project agreement or assistance.--Notwithstanding any other
2 provision of law, the Department of Transportation may enter
3 into a joint project agreement with, or otherwise assist,
4 private or public entities, or consortia thereof, to
5 facilitate the research, development, and demonstration of
6 high-technology transportation systems, including, but not
7 limited to, systems using magnetic levitation technology. The
8 provisions of the Florida High-Speed Rail Transportation Act,
9 ss. 341.3201-341.386, do not apply to actions taken under this
10 section, and The department may, subject to s. 339.135,
11 provide funds to match any available federal aid for
12 effectuating the research, development, and demonstration of
13 high-technology transportation systems.
14 Section 64. Sections 341.3201, 341.321, 341.322,
15 341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,
16 341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,
17 341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,
18 341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,
19 341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,
20 341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,
21 341.381, 341.382, 341.383, and 341.386, Florida Statutes, are
22 repealed.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On page 3, line 29,
28 remove:
29
30 after the semicolon, insert:
31 creating s. 339.141, F.S.; creating the
38
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Regional Transportation Act; providing program
2 purpose; creating the Regional Transportation
3 Advisory Council; providing for membership,
4 meetings, and staff support of the council;
5 providing duties; requiring recommendation of
6 regional transportation projects; providing
7 criteria and procedures for approval of
8 Regional Transportation Act grant projects;
9 providing for approval by the department
10 secretary, who then submits the list to the
11 Legislature; providing for funding; providing
12 for allocation of funds from the State
13 Transportation Trust Fund; limiting application
14 of certain requirements; creating s. 339.142,
15 F.S.; providing for designation as a regional
16 transportation corridor; providing a
17 definition; designating certain infrastructure
18 as such corridors; authorizing the council to
19 designate such corridors; creating s. 339.143,
20 F.S.; creating Regional Transportation Act
21 grants; providing legislative findings and
22 purpose; providing criteria for program
23 eligibility; providing for recommendation by
24 the council and approval by the Legislature;
25 providing for funding; amending s. 339.2817,
26 F.S.; adding new criteria to the COunty
27 Incentive Grant Program;amending s. 339.08,
28 F.S.; revising provisions relating to use of
29 moneys in the State Transportation Trust Fund;
30 correcting references; amending s. 339.1371,
31 F.S.; deleting provisions for funding the
39
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Transportation Outreach Program; amending s.
2 215.211, F.S.; clarifying intent to use certain
3 local-option fuel tax revenues; specifying
4 funding for the County Incentive Grant Program
5 and the Small County Outreach Program;
6 repealing s. 339.137, F.S., relating to the
7 Transportation Outreach Program; providing
8 funds for certain county incentive programs;
9 creating the "Florida High-Speed Rail Authority
10 Act"; creating s. 341.8201, F.S.; providing a
11 short title; creating s. 341.8202, F.S.;
12 providing legislative findings, policy,
13 purpose, and intent with respect to the
14 development, design, financing, construction,
15 and operation of a high-speed rail system in
16 the state; creating s. 341.8203, F.S.;
17 providing definitions; amending s. 341.821,
18 F.S., relating to the creation of the Florida
19 High-Speed Rail Authority; removing obsolete
20 provisions; amending s. 341.822, F.S.; revising
21 and providing additional powers and duties of
22 the authority; amending s. 341.823, F.S.;
23 revising the criteria for assessment and
24 recommendations with respect to the
25 establishment of the high-speed rail system;
26 requiring the authority to establish specified
27 requirements; requiring the authority to
28 develop a specified plan, study, and estimates;
29 amending s. 341.824, F.S.; specifying types of
30 technical, scientific, or other assistance to
31 be provided by the Department of Community
40
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Affairs and the Department of Environmental
2 Protection; creating s. 341.827, F.S.;
3 providing for determination of service areas
4 and the order of system segment construction;
5 creating s. 341.828, F.S.; authorizing the
6 authority to utilize existing permitting
7 processes; requiring cooperation between the
8 authority and metropolitan planning
9 organizations; creating s. 341.829, F.S.;
10 requiring the authority, in conjunction with
11 the Executive Office of the Governor, the
12 Department of Community Affairs, and the
13 Department of Environmental Protection, to
14 develop and implement a process to mitigate and
15 resolve conflicts between the system and growth
16 management requirements and environmental
17 standards; providing time limits for the filing
18 of and response to specified complaints;
19 creating s. 341.830, F.S.; authorizing the
20 authority to employ specified procurement
21 methods; providing for the adoption of rules;
22 authorizing the authority to procure
23 commodities and services for the designing,
24 building, financing, maintenance, operation,
25 and implementation of a high-speed rail system;
26 creating s. 341.831, F.S.; authorizing the
27 authority to prequalify interested persons or
28 entities prior to seeking proposals for the
29 design, construction, operation, maintenance,
30 and financing of the high-speed rail system;
31 providing for the establishment of qualifying
41
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 criteria; creating s. 341.832, F.S.;
2 authorizing the authority to develop and
3 execute a request for qualifications process;
4 creating s. 341.833, F.S.; authorizing the
5 authority to develop and execute a request for
6 proposals process to seek a person or entity to
7 design, build, operate, maintain, and finance a
8 high-speed rail system; creating s. 341.834,
9 F.S.; providing for award of a conditional
10 contract; providing contract requirements;
11 prohibiting transfer of system property without
12 written approval; creating s. 341.835, F.S.;
13 authorizing the authority to purchase, lease,
14 exchange, or acquire land, property, or
15 buildings necessary to secure or utilize
16 rights-of-way for high-speed rail system
17 facilities; providing that the authority is not
18 subject to specified liability; authorizing the
19 authority and the Department of Environmental
20 Protection to enter into certain interagency
21 agreements; providing for the disposal of
22 interest in property; authorizing agents and
23 employees of the authority to enter upon
24 certain property; authorizing the authority to
25 accept donations of real property; creating s.
26 341.836, F.S.; authorizing the authority to
27 undertake the development of associated
28 developments; providing requirements of
29 associated developments; creating s. 341.837,
30 F.S.; providing for payment of expenses
31 incurred in carrying out the act; creating s.
42
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 341.838, F.S.; authorizing the authority to
2 fix, revise, charge, collect, and adjust rates,
3 rents, fees, charges, and revenues, and to
4 enter into contracts; providing for annual
5 review by the authority of rates, rents, fees,
6 and charges; providing for uses of revenues;
7 creating s. 341.839, F.S.; providing that the
8 act is supplemental and additional to powers
9 conferred by other laws; exempting powers of
10 the authority from specified supervision,
11 approval, or consent; creating s. 341.840,
12 F.S.; providing tax exemptions for property
13 acquired or used by the authority or specified
14 income; creating s. 341.841, F.S.; requiring
15 the authority to prepare and submit a report;
16 providing for an annual audit; creating s.
17 341.842, F.S.; providing construction of the
18 act; amending s. 288.109, F.S.; removing a
19 cross reference; amending s. 334.30, F.S.;
20 removing a cross reference; amending s.
21 337.251, F.S.; removing a cross reference;
22 amending s. 341.501, F.S.; providing that
23 specified actions do not apply to the Florida
24 High-Speed Rail Authority Act; repealing s.
25 341.3201, F.S., relating to the short title for
26 ss. 341.3201-341.386, F.S., the "Florida
27 High-Speed Rail Transportation Act"; repealing
28 s. 341.321, F.S., relating to legislative
29 findings, policy, purpose, and intent with
30 respect to the development of a high-speed rail
31 transportation system connecting the major
43
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 urban areas of the state; repealing s. 341.322,
2 F.S., relating to definitions of terms;
3 repealing s. 341.325, F.S., relating to special
4 powers and duties of the Department of
5 Transportation; repealing s. 341.327, F.S.,
6 which provides that the Florida High-Speed Rail
7 Transportation Act is the sole and exclusive
8 determination of need for any high-speed rail
9 transportation system established under the
10 act, thereby preempting specified
11 determinations of need; repealing s. 341.329,
12 F.S., relating to the issuance of bonds to
13 finance a high-speed rail transportation
14 system; repealing s. 341.331, F.S., relating to
15 designation of the areas of the state to be
16 served by the high-speed rail transportation
17 system and designation of termini; repealing s.
18 341.332, F.S., relating to the award of
19 franchises by the Department of Transportation
20 to establish a high-speed rail transportation
21 system; repealing s. 341.3331, F.S., relating
22 to request for proposals; repealing s.
23 341.3332, F.S., relating to notice of issuance
24 of request for proposals; repealing s.
25 341.3333, F.S., relating to requirements with
26 respect to an application for franchise, and
27 confidentiality of the application and portions
28 of the application relating to trade secrets;
29 repealing s. 341.3334, F.S., relating to the
30 departmental review process of application for
31 franchise; repealing s. 341.3335, F.S.,
44
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 relating to interagency coordination of
2 franchise application review; repealing s.
3 341.3336, F.S., relating to public meetings on
4 franchise applications; repealing s. 341.3337,
5 F.S., relating to determination and award of
6 franchise; repealing s. 341.3338, F.S.,
7 relating to effect of franchise; repealing s.
8 341.3339, F.S., relating to postfranchise
9 agreements; repealing s. 341.334, F.S.,
10 relating to the powers and duties of the
11 Department of Transportation with respect to
12 the act; repealing s. 341.335, F.S., relating
13 to the powers and duties of the Florida Land
14 and Water Adjudicatory Commission sitting as
15 the board; repealing s. 341.336, F.S., relating
16 to the powers and duties of the Department of
17 Environmental Protection, the Department of
18 Community Affairs, and other affected agencies;
19 repealing s. 341.3365, F.S., relating to
20 certification procedures; repealing s. 341.342,
21 F.S., relating to agreements concerning
22 contents of certification application and
23 supporting documentation; repealing s. 341.343,
24 F.S., relating to review of certification
25 applications; repealing s. 341.344, F.S.,
26 relating to the establishment, composition,
27 organization, and duties of the Citizens'
28 Planning and Environmental Advisory Committee;
29 repealing s. 341.345, F.S., relating to
30 alternate corridors or transit station
31 locations; repealing s. 341.346, F.S., relating
45
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 to the powers and duties of an administrative
2 law judge appointed to conduct hearings under
3 the act; repealing s. 341.3465, F.S., relating
4 to alteration of time limitations specified by
5 the act; repealing s. 341.347, F.S., relating
6 to required combined public meetings and land
7 use and zoning hearings to be conducted by
8 local governments; repealing s. 341.348, F.S.,
9 relating to reports and studies required of
10 various agencies by the act; repealing s.
11 341.351, F.S., relating to publication and
12 contents of notice of certification application
13 and proceedings; repealing s. 341.352, F.S.,
14 relating to certification hearings; repealing
15 s. 341.353, F.S., relating to final disposition
16 of certification applications; repealing s.
17 341.363, F.S., relating to the effect of
18 certification; repealing s. 341.364, F.S.,
19 relating to a franchisee's right to appeal to
20 the Florida Land and Water Adjudicatory
21 Commission under specified circumstances;
22 repealing s. 341.365, F.S., relating to
23 associated development; repealing s. 341.366,
24 F.S., relating to recording of notice of
25 certified corridor route; repealing s. 341.368,
26 F.S., relating to modification of certification
27 or franchise; repealing s. 341.369, F.S.,
28 relating to fees imposed by the department and
29 the disposition of such fees; repealing s.
30 341.371, F.S., relating to revocation or
31 suspension of franchise or certification;
46
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HOUSE AMENDMENT
709-124BX-02 Bill No. CS/HB 261, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 repealing s. 341.372, F.S., relating to
2 imposition by the department of specified
3 administrative fines in lieu of revocation or
4 suspension of franchise; repealing s. 341.375,
5 F.S., relating to the required participation by
6 women, minorities, and economically
7 disadvantaged individuals in all phases of the
8 design, construction, maintenance, and
9 operation of a high-speed rail transportation
10 system developed under the act, and required
11 plans for compliance by franchisees; repealing
12 s. 341.381, F.S., relating to applicability of
13 the act; repealing s. 341.382, F.S., relating
14 to laws and regulations superseded by the act;
15 repealing s. 341.383, F.S., relating to the
16 authority of local governments to assess
17 specified fees; repealing s. 341.386, F.S.,
18 relating to the admissibility of the award of a
19 franchise and of a certification under the act
20 in eminent domain proceedings;
21
22
23
24
25
26
27
28
29
30
31
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