CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 502

    Amendment No. ___   Barcode 110410

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Laurent moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 37, between lines 16 and 17,

15

16  insert:

17         Section 28.  Section 341.8201, Florida Statutes, is

18  created to read:

19         341.8201  Short title.--Sections 341.8201-341.843 may

20  be cited as the "Florida High-Speed Rail Authority Act."

21         Section 29.  Section 341.8202, Florida Statutes, is

22  created to read:

23         341.8202  Legislative findings, policy, purpose, and

24  intent.--

25         (1)  The intent of this act is to implement the purpose

26  of s. 19, Art. X of the State Constitution, which directs the

27  Legislature, the Cabinet and the Governor to proceed with the

28  development, either by the state or an approved private

29  entity, of a high-speed monorail, fixed guideway, or magnetic

30  levitation system, capable of speeds in excess of 120 miles

31  per hour.  The development of such a system, which will link

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                                                  SENATE AMENDMENT

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  1  Florida's five largest urban areas as defined in this act,

  2  includes acquisition of right-of-way and the financing of

  3  design and construction with construction beginning on or

  4  before November 1, 2003. Further, this act promotes the

  5  various growth management and environmental protection laws

  6  enacted by the Legislature and encourages and enhances the

  7  establishment of a high-speed rail system. The Legislature

  8  further finds that:

  9         (a)  The implementation of a high-speed rail system in

10  the state will result in overall social and environmental

11  benefits, improvements in ambient air quality, better

12  protection of water quality, greater preservation of wildlife

13  habitat, less use of open space, and enhanced conservation of

14  natural resources and energy.

15         (b)  A high-speed rail system, when developed in

16  conjunction with sound land use planning, becomes an integral

17  part in achieving growth management goals and encourages the

18  use of public transportation to augment and implement land use

19  and growth management goals and objectives.

20         (c)  Development and utilization of a properly

21  designed, constructed, and financed high-speed rail system and

22  associated development can act as a catalyst for economic

23  growth and development, mitigate unduly long and

24  traffic-congested commutes for day-to-day commuters, create

25  new employment opportunities, serve as a positive growth

26  management system for building a better and more

27  environmentally secure state, and serve a paramount public

28  purpose by promoting the health, safety, and welfare of the

29  citizens of the state.

30         (d)  Transportation benefits of a high-speed rail

31  system include improved travel times and more reliable travel,

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  1  which will increase productivity and energy efficiency in the

  2  state.

  3         (2)  The Legislature further finds that:

  4         (a)  Access to timely and efficient modes of passenger

  5  transportation is necessary for travelers, visitors, and

  6  day-to-day commuters, to the quality of life in the state, and

  7  to the economy of the state.

  8         (b)  Technological advances in the state's

  9  transportation system can significantly and positively affect

10  the ability of the state to attract and provide efficient

11  services for domestic and international tourists and therefore

12  increase revenue of the state.

13         (c)  The geography of the state is suitable for the

14  construction and efficient operation of a high-speed rail

15  system.

16         (d)  The public use of the high-speed rail system must

17  be encouraged and assured in order to achieve the public

18  purpose and objectives set forth in this act. In order to

19  encourage the public use of the high-speed rail system and to

20  protect the public investment in the system, it is necessary

21  to provide an environment surrounding each high-speed rail

22  station which will allow the development of associated

23  development for the purpose of creating revenue in support of

24  and for the high-speed rail system, enhance the safe movement

25  of pedestrians and traffic into and out of the area, ensure

26  the personal safety of high-speed rail system and related

27  facility users and their personal property while the users are

28  in the area of each station, and eliminate all conditions in

29  the vicinity which constitute economic and social impediments

30  and barriers to the use of the high-speed rail system and

31  associated development.

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  1         (e)  Areas surrounding certain proposed high-speed rail

  2  stations can, as a result of existing conditions, crime, and

  3  traffic congestion, pose a serious threat to the use of the

  4  high-speed rail system, reduce revenue from users, discourage

  5  pedestrian and traffic ingress and egress, retard sound growth

  6  and development, impair public investment, and consume an

  7  excessive amount of public revenues in the employment of

  8  police and other forms of public protection to adequately

  9  safeguard the high-speed rail system and its users. Such areas

10  may require redevelopment, acquisition, clearance, or

11  disposition, or joint public and private development to

12  provide parking facilities, retail establishments,

13  restaurants, hotels, or office facilities associated with or

14  ancillary to the high-speed rail system and rail stations and

15  to otherwise provide for an environment that will encourage

16  the use of, and safeguard, the system.

17         (f)  The powers conferred by this act are for public

18  uses and purposes as established by s. 19, Art. X of the State

19  Constitution for which public funds may be expended, and the

20  necessity in the public interest for the provisions herein

21  enacted is hereby declared as a matter of legislative

22  determination to implement the intent of s. 19, Art. X of the

23  State Constitution.

24         (g)  Urban and social benefits include revitalization

25  of economically depressed areas, the redirection of growth in

26  a carefully and comprehensively planned manner, and the

27  creation of numerous employment opportunities within

28  inner-city areas.

29         (h)  The provisions contained in this act are a

30  declaration of legislative intent that the state develop a

31  high-speed rail system to help solve transportation problems

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 110410





  1  and eliminate their negative effect on the citizens of this

  2  state, and therefore serves a public purpose.

  3         (i)  Joint development is a necessary planning,

  4  financing, management, operation, and construction mechanism

  5  to ensure the continued future development of an efficient and

  6  economically viable high-speed rail system in this state.

  7         (3)  It is the intent of the Legislature to authorize

  8  the authority to implement innovative mechanisms required to

  9  effect the joint public-private venture approach to planning,

10  locating, permitting, managing, financing, constructing,

11  operating, and maintaining a high-speed rail system for the

12  state, including providing incentives for revenue generation,

13  operation, construction, and management by the private sector.

14         Section 30.  Section 341.8203, Florida Statutes, is

15  created to read:

16         341.8203  Definitions.--As used in this act, unless the

17  context clearly indicates otherwise, the term:

18         (1)  "Associated development" means property,

19  equipment, buildings, or other ancillary facilities which are

20  built, installed, or established to provide financing,

21  funding, or revenues for the planning, building, managing, and

22  operation of a high-speed rail system and which are associated

23  with or part of the rail stations. The term includes property,

24  including air rights, necessary for joint development, such as

25  parking facilities, retail establishments, restaurants,

26  hotels, offices, or other commercial, civic, residential, or

27  support facilities, and may also include property necessary to

28  protect or preserve the rail station area by reducing urban

29  blight or traffic congestion or property necessary to

30  accomplish any of the purposes set forth in this subsection

31  which are reasonably anticipated or necessary.

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 110410





  1         (2)  "Authority" means the Florida High-Speed Rail

  2  Authority and its agents.

  3         (3)  "Central Florida" means the counties of Lake,

  4  Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,

  5  Hernando, Pasco, Hillsborough, Pinellas, and Polk.

  6         (4)  "DBOM contract" means the document and all

  7  concomitant rights approved by the authority providing the

  8  selected person or entity the exclusive right to design,

  9  build, operate, and maintain a high-speed rail system.

10         (5)  "DBOM & F contract" means the document and all

11  concomitant rights approved by the authority providing the

12  selected person or entity the exclusive right to design,

13  build, operate, maintain, and finance a high-speed rail

14  system.

15         (6)  "High-speed rail system" means any high-speed

16  fixed guideway system for transporting people or goods, which

17  system is capable of operating at speeds in excess of 120

18  miles per hour, including, but not limited to, a monorail

19  system, dual track rail system, suspended rail system,

20  magnetic levitation system, pneumatic repulsion system, or

21  other system approved by the authority. The term includes a

22  corridor and structures essential to the operation of the

23  line, including the land, structures, improvements,

24  rights-of-way, easements, rail lines, rail beds, guideway

25  structures, stations, platforms, switches, yards, parking

26  facilities, power relays, switching houses, rail stations,

27  associated development, and any other facilities or equipment

28  used or useful for the purposes of high-speed rail system

29  design, construction, operation, maintenance, or the financing

30  of the high-speed rail system.

31         (7)  "Joint development" means the planning, managing,

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                                                  SENATE AMENDMENT

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  1  financing, or constructing of projects adjacent to,

  2  functionally related to, or otherwise related to a high-speed

  3  rail system pursuant to agreements between any person, firm,

  4  corporation, association, organization, agency, or other

  5  entity, public or private.

  6         (8)  "Northeast Florida" means the counties of Nassau,

  7  Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.

  8         (9)  "Northwest Florida" means the counties of

  9  Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,

10  Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,

11  Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,

12  Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,

13  and Levy.

14         (10)  "Rail station," "station," or "high-speed rail

15  station" means any structure or transportation facility that

16  is part of a high-speed rail system designed to accommodate

17  the movement of passengers from one mode of transportation to

18  another at which passengers board or disembark from

19  transportation conveyances and transfer from one mode of

20  transportation to another.

21         (11)  "Selected person or entity" means the person or

22  entity to whom the authority awards a contract under s.

23  341.834 to establish a high-speed rail system pursuant to this

24  act.

25         (12)  "Southeast Florida" means the counties of

26  Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,

27  Okeechobee, and Palm Beach.

28         (13)  "Southwest Florida" means the counties of

29  Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,

30  Glades, Lee, Hendry, and Collier.

31         (14)  "Urban areas" means Central Florida, Northeast

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 110410





  1  Florida, Northwest Florida, Southeast Florida, and Southwest

  2  Florida.

  3         Section 31.  Section 341.821, Florida Statutes, is

  4  amended to read:

  5         341.821  Florida High-Speed Rail Authority.--

  6         (1)  There is created and established a body politic

  7  and corporate, an agency of the state, to be known as the

  8  "Florida High-Speed Rail Authority," hereinafter referred to

  9  as the "authority."

10         (2)(a)  The governing board of the authority shall

11  consist of nine voting members appointed as follows:

12         1.  Three members shall be appointed by the Governor,

13  one of whom must have a background in the area of

14  environmental concerns, one of whom must have a legislative

15  background, and one of whom must have a general business

16  background.

17         2.  Three members shall be appointed by the President

18  of the Senate, one of whom must have a background in civil

19  engineering, one of whom must have a background in

20  transportation construction, and one of whom must have a

21  general business background.

22         3.  Three members shall be appointed by the Speaker of

23  the House of Representatives, one of whom must have a legal

24  background, one of whom must have a background in financial

25  matters, and one of whom must have a general business

26  background.

27         (b)  The appointed members shall not be subject to

28  confirmation by the Senate. The initial term of each member

29  appointed by the Governor shall be for 4 years. The initial

30  term of each member appointed by the President of the Senate

31  shall be for 3 years. The initial term of each member

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  1  appointed by the Speaker of the House of Representatives shall

  2  be for 2 years. Succeeding terms for all members shall be for

  3  terms of 4 years. Initial appointments must be made within 30

  4  days after the effective date of this act.

  5         (c)  A vacancy occurring during a term shall be filled

  6  by the respective appointing authority in the same manner as

  7  the original appointment and only for the balance of the

  8  unexpired term. An appointment to fill a vacancy shall be made

  9  within 60 days after the occurrence of the vacancy.

10         (d)  The Secretary of Transportation shall be a

11  nonvoting ex officio member of the board.

12         (e)  The board shall elect one of its members as chair

13  of the authority. The chair shall hold office at the will of

14  the board. Five members of the board shall constitute a

15  quorum, and the vote of five members shall be necessary for

16  any action taken by the authority. The authority may meet upon

17  the constitution of a quorum. No vacancy in the authority

18  shall impair the right of a quorum of the board to exercise

19  all rights and perform all duties of the authority.

20         (f)  The members of the board shall not be entitled to

21  compensation but shall be entitled to receive their travel and

22  other necessary expenses as provided in s. 112.061.

23         (3)  Notwithstanding any other law to the contrary, it

24  shall not be or constitute a conflict of interest for a person

25  having a background specified in this section to serve as a

26  member of the authority. However, in each official decision to

27  which this act is applicable, such member's firm or related

28  entity may not have a financial or economic interest nor shall

29  the authority contract with or conduct any business with a

30  member or such member's firm or directly related business

31  entity.

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  1         (4)  The authority shall be assigned to the Department

  2  of Transportation for administrative purposes. The authority

  3  shall be a separate budget entity. The Department of

  4  Transportation shall provide administrative support and

  5  service to the authority to the extent requested by the chair

  6  of the authority. The authority shall not be subject to

  7  control, supervision, or direction by the Department of

  8  Transportation in any manner, including, but not limited to,

  9  personnel, purchasing, transactions involving real or personal

10  property, and budgetary matters.

11         Section 32.  Section 341.822, Florida Statutes, is

12  amended to read:

13         341.822  Powers and duties.--

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

15  shall locate, plan, design, finance, construct, maintain, own,

16  operate, administer, and manage the preliminary engineering

17  and preliminary environmental assessment of the intrastate

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

19  as "intrastate high-speed rail."

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

21  corporations under the Florida Business Corporation Act,

22  chapter 607, except the authority may only not incur debt in

23  accordance with the provisions of this act.

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

25  body politic and corporate.

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

27  federal matching funds or any other funds to fulfill the

28  requirements of this act either directly or through the

29  Department of Transportation.

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

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

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  1  the qualifications and fix the compensation. The authority may

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

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

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

  5  authority.

  6         Section 33.  Section 341.823, Florida Statutes, is

  7  amended to read:

  8         341.823  Criteria for assessment and recommendations.--

  9         (1)  The following criteria shall apply to the

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

11  preliminary engineering, preliminary environmental assessment,

12  and recommendations required by this act:

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

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

15  guideways separated from motor vehicle traffic;

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

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

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

19  Miami area;

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

21  uses, to the maximum extent feasible, nongovernmental sources

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

23  operation, and financing of the system;

24         (2)  The authority shall establish requirements make

25  recommendations concerning:

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

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

28  rail system, and the authority may develop that financial or

29  business plan;

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

31  areas designated in accordance with s. 341.8203 in paragraph

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  1  (1)(b);

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

  3  cities and urban areas designated in accordance with s.

  4  341.8203 in paragraph (1)(b);

  5         (d)  The preferred locomotion technology to be employed

  6  from constitutional choices of monorail, fixed guideway, or

  7  magnetic levitation; and

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

  9  or federal laws which would make the proposed system eligible

10  for available federal funding; and

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

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

13         (3)  The authority shall develop a marketing plan, a

14  detailed planning-level ridership study, and an estimate of

15  the annual operating and maintenance cost for the system and

16  all other associate expenses.

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         (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         (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).

27

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 34.  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 35.  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 shall plan and develop the

29  high-speed rail system so that construction proceeds as

30  follows:

31         (a)  The initial segments of the system shall be

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

  2  Tampa area, the Lakeland/Winter Haven area, and the Orlando

  3  area, with future service to the Miami area.

  4         (b)  Construction of subsequent segments of the

  5  high-speed rail system shall connect the metropolitan areas of

  6  Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.

  7  Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.

  8  Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,

  9  Tallahassee, and Pensacola.

10         (c)  Selection of segments of the high-speed rail

11  system to be constructed subsequent to the initial segments of

12  the system shall be prioritized by the authority, giving

13  consideration to the demand for service, financial

14  participation by local governments, financial participation by

15  the private sector, and the available financial resources of

16  the authority.

17         Section 36.  Section 341.828, Florida Statutes, is

18  created to read:

19         341.828  Permitting.--

20         (1)  The authority, for the purposes of permitting, may

21  utilize one or more permitting processes provided for in

22  statute, including, but not limited to, the metropolitan

23  planning organization long-range transportation planning

24  process as defined in s. 339.175 (6) and (7), in conjunction

25  with the Department of Transportation's work program process

26  as defined in s. 339.135, or any permitting process now in

27  effect or that may be in effect at the time of permitting and

28  will provide the most timely and cost-effective permitting

29  process.

30         (2)  The authority shall work in cooperation with

31  metropolitan planning organizations in areas where the

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  1  high-speed rail system will be located. The metropolitan

  2  planning organizations shall cooperate with the authority and

  3  include the high-speed rail system alignment within their

  4  adopted long-range transportation plans and transportation

  5  improvement programs for the purposes of providing public

  6  information, consistency with the plans, and receipt of

  7  federal and state funds by the authority to support the

  8  high-speed rail system.

  9         (3)  For purposes of selecting a route alignment, the

10  authority may use the project development and environment

11  study process, including the efficient transportation

12  decisionmaking system process as adopted by the Department of

13  Transportation.

14         Section 37.  Section 341.829, Florida Statutes, is

15  created to read:

16         341.829  Conflict prevention, mitigation, and

17  resolution.--

18         (1)  The authority, in conjunction with the Executive

19  Office of the Governor, the Department of Community Affairs,

20  and the Department of Environmental Protection, shall develop

21  and implement, within 180 days after the effective date of

22  this act, a process to prevent, mitigate, and resolve, to the

23  maximum extent feasible, any conflicts or potential conflicts

24  of a high-speed rail system with growth management

25  requirements and environmental standards.

26         (2)  Any person who disagrees with the alignment

27  decision must file a complaint with the authority within 20

28  days after the authority's final adoption of the alignment.

29         (3)  The authority must respond to any timely filed

30  complaint within 60 days after the complaint is filed with the

31  authority.

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  1         Section 38.  Section 341.830, Florida Statutes, is

  2  created to read:

  3         341.830  Procurement.--

  4         (1)  The authority may employ procurement methods under

  5  chapters 255, 287, and 337 and under any rule adopted under

  6  such chapters.  To enhance the effective and efficient

  7  operation of the authority, and to enhance the ability of the

  8  authority to use best business practices, the authority may,

  9  pursuant to ss. 120.536(1) and 120.54, adopt rules for and

10  employ procurement methods available to the private sector.

11         (2)  The authority is authorized to procure commodities

12  and the services of a qualified person or entity to design,

13  build, finance, operate, maintain, and implement a high-speed

14  rail system, including the use of a DBOM or DBOM & F method

15  using a request for proposal, a request for qualifications, or

16  an invitation to negotiate.

17         Section 39.  Section 341.831, Florida Statutes, is

18  created to read:

19         341.831  Prequalification.--

20         (1)  The authority may prequalify interested persons or

21  entities prior to seeking proposals for the design,

22  construction, operation, maintenance, and financing of the

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

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

25  financial resources, organization and personnel, equipment,

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

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

28  performance bond.

29         (2)  The authority may establish the qualifying

30  criteria in a request for qualification without adopting the

31  qualifying criteria as rules.

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  1         Section 40.  Section 341.832, Florida Statutes, is

  2  created to read:

  3         341.832  Request for qualifications.--

  4         (1)  The authority is authorized to develop and execute

  5  a request for qualifications process to seek a person or

  6  entity to design, build, operate, maintain, and finance a

  7  high-speed rail system. The authority may issue multiple

  8  requests for qualifications. The authority shall develop

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

10  included in any request for qualifications.

11         (2)  The authority may issue a request for

12  qualifications without adopting a rule.

13         Section 41.  Section 341.833, Florida Statutes, is

14  created to read:

15         341.833  Request for proposals.--

16         (1)  The authority is authorized to develop and execute

17  a request for proposals process to seek a person or entity to

18  design, build, operate, maintain, and finance a high-speed

19  rail system. The authority may issue multiple requests for

20  proposals. The authority shall develop criteria for selection

21  of a person or entity that shall be included in any request

22  for proposals.

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

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

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

26  contract and provide justification of the need for an extended

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

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

29  persons or entities if so requested.

30         Section 42.  Section 341.834, Florida Statutes, is

31  created to read:

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  1         341.834  Award of contract.--

  2         (1)  The authority may award a contract subject to such

  3  terms and conditions, including, but not limited to,

  4  compliance with any applicable permitting requirements, and

  5  any other terms and conditions the authority considers

  6  appropriate.

  7         (2)  The contract shall authorize the contractor to

  8  provide service between stations as established by the

  9  contract. The contractor shall coordinate its facilities and

10  services with passenger rail providers, commuter rail

11  authorities, and public transit providers to provide access to

12  and from the high-speed rail system.

13         (3)  The contractor shall not convey, lease, or

14  otherwise transfer any high-speed rail system property, any

15  interest in such property, or any improvement constructed upon

16  such property without written approval of the authority.

17         Section 43.  Section 341.835, Florida Statutes, is

18  created to read:

19         341.835  Acquisition of property; rights-of-way;

20  disposal of land.--

21         (1)  The authority may purchase, lease, exchange, or

22  otherwise acquire any land, property interests, or buildings

23  or other improvements, including personal property within such

24  buildings or on such lands, necessary to secure or utilize

25  rights-of-way for existing, proposed, or anticipated

26  high-speed rail system facilities.

27         (2)  Title to any property acquired in the name of the

28  authority shall be administered by the authority under such

29  terms and conditions as the authority may require.

30         (3)  When the authority acquires property for a

31  high-speed rail system, or any related or ancillary

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  1  facilities, by purchase or donation, it is not subject to any

  2  liability imposed by chapter 376 or chapter 403 for

  3  preexisting soil or groundwater contamination due solely to

  4  its ownership.  This section does not affect the rights or

  5  liabilities of any past or future owners of the acquired

  6  property, nor does it affect the liability of any governmental

  7  entity for the results of its actions which create or

  8  exacerbate a pollution source. The authority and the

  9  Department of Environmental Protection may enter into

10  interagency agreements for the performance, funding, and

11  reimbursement of the investigative and remedial acts necessary

12  for property acquired by the authority.

13         (4)  In acquiring property or property rights for any

14  high-speed rail system or related or ancillary facilities, the

15  authority may acquire an entire lot, block, or tract of land

16  if the interests of the public will be best served by such

17  acquisition, even though the entire lot, block, or tract is

18  not immediately needed for the right-of-way proper or for the

19  specific related or ancillary facilities.

20         (5)  The authority, by resolution, may dispose of any

21  interest in property acquired pursuant to this section on

22  terms and conditions the authority deems appropriate.

23         (6)  The authority and its employees and agents shall

24  have the right to enter upon properties which may be

25  determined to be necessary for the construction,

26  reconstruction, relocation, maintenance, and operation of a

27  proposed high-speed rail system and associated development and

28  related or ancillary facilities as described in subsection (1)

29  for the purposes of surveying and soil and environmental

30  testing.

31         (7)  The authority is authorized to accept donations of

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  1  real property from public or private entities for the purposes

  2  of implementing a high-speed rail system.

  3         Section 44.  Section 341.836, Florida Statutes, is

  4  created to read:

  5         341.836  Associated development.--

  6         (1)  The authority, alone or as part of a joint

  7  development, may undertake development of associated

  8  developments to be a source of revenue for the establishment,

  9  construction, operation, or maintenance of the high-speed rail

10  system.  Such associated developments must be associated with

11  a rail station and have pedestrian ingress to and egress from

12  the rail station; be consistent, to the extent feasible, with

13  applicable local government comprehensive plans and local land

14  development regulations; and otherwise be in compliance with

15  the provisions of this act.

16         (2)  This act does not prohibit the authority, the

17  selected person or entity, or a party to a joint venture with

18  the authority or its selected person or entity from obtaining

19  approval, pursuant to any other law, for any associated

20  development that is reasonably related to the high-speed rail

21  system.

22         Section 45.  Section 341.837, Florida Statutes, is

23  created to read:

24         341.837  Payment of expenses.--All expenses incurred in

25  carrying out the provisions of this act shall be payable

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

27  from other legally available sources.

28         Section 46.  Section 341.838, Florida Statutes, is

29  created to read:

30         341.838  Rates, rents, fees, and charges.--

31         (1)  The authority is authorized to fix, revise,

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  1  charge, and collect rates, rents, fees, charges, and revenues

  2  for the use of and for the services furnished, or to be

  3  furnished, by the system and to contract with any person,

  4  partnership, association, corporation, or other body, public

  5  or private, in respect thereof. Such rates, rents, fees, and

  6  charges shall be reviewed annually by the authority and may be

  7  adjusted as set forth in the contract setting such rates,

  8  rents, fees, or charges. The funds collected hereunder shall,

  9  with any other funds available, be used to pay the cost of all

10  administrative expenses of the authority, and the cost of

11  designing, building, operating, and maintaining the system and

12  each and every portion thereof, to the extent that the payment

13  of such cost has not otherwise been adequately provided for.

14         (2)  Rates, rents, fees, and charges fixed, revised,

15  charged, and collected pursuant to this section shall not be

16  subject to supervision or regulation by any department,

17  commission, board, body, bureau, or agency of this state other

18  than the authority.

19         Section 47.  Section 341.839, Florida Statutes, is

20  created to read:

21         341.839  Alternate means.--The foregoing sections of

22  this act shall be deemed to provide an additional and

23  alternative method for accomplishing the purposes authorized

24  therein, and shall be regarded as supplemental and additional

25  to powers conferred by other laws. Except as otherwise

26  expressly provided in this act, none of the powers granted to

27  the authority under the provisions of this act shall be

28  subject to the supervision or require the approval or consent

29  of any municipality or political subdivision or any

30  commission, board, body, bureau, or official.

31         Section 48.  Section 341.840, Florida Statutes, is

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  1  created to read:

  2         341.840  Tax exemption.--The exercise of the powers

  3  granted by this act will be in all respects for the benefit of

  4  the people of this state, for the increase of their commerce,

  5  welfare, and prosperity, and for the improvement of their

  6  health and living conditions, and as the design, building,

  7  operation, maintenance, and financing of a system by the

  8  authority or its agent or the owner or lessee thereof, as

  9  herein authorized, constitutes the performance of an essential

10  public function, neither the authority, its agent, nor the

11  owner of such system shall be required to pay any taxes or

12  assessments upon or in respect to the system or any property

13  acquired or used by the authority, its agent, or such owner

14  under the provisions of this act or upon the income therefrom,

15  any security therefor, their transfer, and the income

16  therefrom, including any profit made on the sale thereof,

17  shall at all times be free from taxation of every kind by the

18  state, the counties, and the municipalities and other

19  political subdivisions in the state.

20         Section 49.  Section 341.841, Florida Statutes, is

21  created to read:

22         341.841  Report; audit.--The authority shall prepare an

23  annual report of its actions, findings, and recommendations

24  and submit the report to the Governor, the President of the

25  Senate, and the Speaker of the House of Representatives on or

26  before January 1. The authority shall provide for an annual

27  financial audit, as defined in s. 11.45, of its accounts and

28  records conducted by an independent certified public

29  accountant. The audit report shall include a management letter

30  as defined in s. 11.45. The cost of the audit shall be paid

31  from funds available to the authority pursuant to this act.

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  1         Section 50.  Section 341.842, Florida Statutes, is

  2  created to read:

  3         341.842  Liberal construction.--This act, being

  4  necessary for the welfare of the state and its inhabitants,

  5  shall be liberally construed to effect the purposes hereof.

  6         Section 51.  Subsection (10) of section 288.109,

  7  Florida Statutes, is amended to read:

  8         288.109  One-Stop Permitting System.--

  9         (10)  Notwithstanding any other provision of law or

10  administrative rule to the contrary, the fee imposed by a

11  state agency or water management district for issuing a

12  development permit shall be waived for a 6-month period

13  beginning on the date the state agency or water management

14  district begins accepting development permit applications over

15  the Internet and the applicant submits the development permit

16  to the agency or district using the One-Stop Permitting

17  System. The 6-month fee waiver shall not apply to development

18  permit fees assessed by the Electrical Power Plant Siting Act,

19  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

20  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

21  Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas

22  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

23  Rail Transportation Siting Act, ss. 341.3201-341.386.

24         Section 52.  Subsection (6) of section 334.30, Florida

25  Statutes, is amended to read:

26         334.30  Private transportation facilities.--The

27  Legislature hereby finds and declares that there is a public

28  need for rapid construction of safe and efficient

29  transportation facilities for the purpose of travel within the

30  state, and that it is in the public's interest to provide for

31  the construction of additional safe, convenient, and

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  1  economical transportation facilities.

  2         (6)  Notwithstanding s. 341.327, A fixed-guideway

  3  transportation system authorized by the department to be

  4  wholly or partially within the department's right-of-way

  5  pursuant to a lease granted under s. 337.251 may operate at

  6  any safe speed.

  7         Section 53.  Subsection (9) of section 337.251, Florida

  8  Statutes, is amended to read:

  9         337.251  Lease of property for joint public-private

10  development and areas above or below department property.--

11         (9)  Notwithstanding s. 341.327, A fixed-guideway

12  transportation system authorized by the department to be

13  wholly or partially within the department's right-of-way

14  pursuant to a lease granted under this section may operate at

15  any safe speed.

16         Section 54.  Section 341.501, Florida Statutes, is

17  amended to read:

18         341.501  High-technology transportation systems; joint

19  project agreement or assistance.--Notwithstanding any other

20  provision of law, the Department of Transportation may enter

21  into a joint project agreement with, or otherwise assist,

22  private or public entities, or consortia thereof, to

23  facilitate the research, development, and demonstration of

24  high-technology transportation systems, including, but not

25  limited to, systems using magnetic levitation technology. The

26  provisions of the Florida High-Speed Rail Transportation Act,

27  ss. 341.3201-341.386, do not apply to actions taken under this

28  section, and The department may, subject to s. 339.135,

29  provide funds to match any available federal aid for

30  effectuating the research, development, and demonstration of

31  high-technology transportation systems.

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  1         Section 55.  Sections 341.3201, 341.321, 341.322,

  2  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

  3  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

  4  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

  5  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

  6  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

  7  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

  8  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

  9  repealed.

10

11  (Redesignate subsequent sections.)

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 2, line 28, after the semicolon

17

18  insert:

19         creating the "Florida High-Speed Rail Authority

20         Act"; creating s. 341.8201, F.S.; providing a

21         short title; creating s. 341.8202, F.S.;

22         providing legislative findings, policy,

23         purpose, and intent with respect to the

24         development, design, financing, construction,

25         and operation of a high-speed rail system in

26         the state; creating s. 341.8203, F.S.;

27         providing definitions; amending s. 341.821,

28         F.S., relating to the creation of the Florida

29         High-Speed Rail Authority; removing obsolete

30         provisions; amending s. 341.822, F.S.; revising

31         and providing additional powers and duties of

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  1         the authority; amending s. 341.823, F.S.;

  2         revising the criteria for assessment and

  3         recommendations with respect to the

  4         establishment of the high-speed rail system;

  5         requiring the authority to establish specified

  6         requirements; requiring the authority to

  7         develop a specified plan, study, and estimates;

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

  9         technical, scientific, or other assistance to

10         be provided by the Department of Community

11         Affairs and the Department of Environmental

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

13         providing for determination of service areas

14         and the order of system segment construction;

15         creating s. 341.828, F.S.; authorizing the

16         authority to utilize existing permitting

17         processes; requiring cooperation between the

18         authority and metropolitan planning

19         organizations; creating s. 341.829, F.S.;

20         requiring the authority, in conjunction with

21         the Executive Office of the Governor, the

22         Department of Community Affairs, and the

23         Department of Environmental Protection, to

24         develop and implement a process to mitigate and

25         resolve conflicts between the system and growth

26         management requirements and environmental

27         standards; providing time limits for the filing

28         of and response to specified complaints;

29         creating s. 341.830, F.S.; authorizing the

30         authority to employ specified procurement

31         methods; providing for the adoption of rules;

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  1         authorizing the authority to procure

  2         commodities and services for the designing,

  3         building, financing, maintenance, operation,

  4         and implementation of a high-speed rail system;

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

  6         authority to prequalify interested persons or

  7         entities prior to seeking proposals for the

  8         design, construction, operation, maintenance,

  9         and financing of the high-speed rail system;

10         providing for the establishment of qualifying

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

12         authorizing the authority to develop and

13         execute a request for qualifications process;

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

15         authority to develop and execute a request for

16         proposals process to seek a person or entity to

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

18         high-speed rail system; creating s. 341.834,

19         F.S.; providing for award of a conditional

20         contract; providing contract requirements;

21         prohibiting transfer of system property without

22         written approval; creating s. 341.835, F.S.;

23         authorizing the authority to purchase, lease,

24         exchange, or acquire land, property, or

25         buildings necessary to secure or utilize

26         rights-of-way for high-speed rail system

27         facilities; providing that the authority is not

28         subject to specified liability; authorizing the

29         authority and the Department of Environmental

30         Protection to enter into certain interagency

31         agreements; providing for the disposal of

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  1         interest in property; authorizing agents and

  2         employees of the authority to enter upon

  3         certain property; authorizing the authority to

  4         accept donations of real property; creating s.

  5         341.836, F.S.; authorizing the authority to

  6         undertake the development of associated

  7         developments; providing requirements of

  8         associated developments; creating s. 341.837,

  9         F.S.; providing for payment of expenses

10         incurred in carrying out the act; creating s.

11         341.838, F.S.; authorizing the authority to

12         fix, revise, charge, collect, and adjust rates,

13         rents, fees, charges, and revenues, and to

14         enter into contracts; providing for annual

15         review by the authority of rates, rents, fees,

16         and charges; providing for uses of revenues;

17         creating s. 341.839, F.S.; providing that the

18         act is supplemental and additional to powers

19         conferred by other laws; exempting powers of

20         the authority from specified supervision,

21         approval, or consent; creating s. 341.840,

22         F.S.; providing tax exemptions for property

23         acquired or used by the authority or specified

24         income; creating s. 341.841, F.S.; requiring

25         the authority to prepare and submit a report;

26         providing for an annual audit; creating s.

27         341.842, F.S.; providing construction of the

28         act; amending s. 288.109, F.S.; removing a

29         cross reference; amending s. 334.30, F.S.;

30         removing a cross reference; amending s.

31         337.251, F.S.; removing a cross reference;

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  1         amending s. 341.501, F.S.; providing that

  2         specified actions do not apply to the Florida

  3         High-Speed Rail Authority Act; repealing s.

  4         341.3201, F.S., relating to the short title for

  5         ss. 341.3201-341.386, F.S., the "Florida

  6         High-Speed Rail Transportation Act"; repealing

  7         s. 341.321, F.S., relating to legislative

  8         findings, policy, purpose, and intent with

  9         respect to the development of a high-speed rail

10         transportation system connecting the major

11         urban areas of the state; repealing s. 341.322,

12         F.S., relating to definitions of terms;

13         repealing s. 341.325, F.S., relating to special

14         powers and duties of the Department of

15         Transportation; repealing s. 341.327, F.S.,

16         which provides that the Florida High-Speed Rail

17         Transportation Act is the sole and exclusive

18         determination of need for any high-speed rail

19         transportation system established under the

20         act, thereby preempting specified

21         determinations of need; repealing s. 341.329,

22         F.S., relating to the issuance of bonds to

23         finance a high-speed rail transportation

24         system; repealing s. 341.331, F.S., relating to

25         designation of the areas of the state to be

26         served by the high-speed rail transportation

27         system and designation of termini; repealing s.

28         341.332, F.S., relating to the award of

29         franchises by the Department of Transportation

30         to establish a high-speed rail transportation

31         system; repealing s. 341.3331, F.S., relating

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  1         to request for proposals; repealing s.

  2         341.3332, F.S., relating to notice of issuance

  3         of request for proposals; repealing s.

  4         341.3333, F.S., relating to requirements with

  5         respect to an application for franchise, and

  6         confidentiality of the application and portions

  7         of the application relating to trade secrets;

  8         repealing s. 341.3334, F.S., relating to the

  9         departmental review process of application for

10         franchise; repealing s. 341.3335, F.S.,

11         relating to interagency coordination of

12         franchise application review; repealing s.

13         341.3336, F.S., relating to public meetings on

14         franchise applications; repealing s. 341.3337,

15         F.S., relating to determination and award of

16         franchise; repealing s. 341.3338, F.S.,

17         relating to effect of franchise; repealing s.

18         341.3339, F.S., relating to postfranchise

19         agreements; repealing s. 341.334, F.S.,

20         relating to the powers and duties of the

21         Department of Transportation with respect to

22         the act; repealing s. 341.335, F.S., relating

23         to the powers and duties of the Florida Land

24         and Water Adjudicatory Commission sitting as

25         the board; repealing s. 341.336, F.S., relating

26         to the powers and duties of the Department of

27         Environmental Protection, the Department of

28         Community Affairs, and other affected agencies;

29         repealing s. 341.3365, F.S., relating to

30         certification procedures; repealing s. 341.342,

31         F.S., relating to agreements concerning

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 502

    Amendment No. ___   Barcode 110410





  1         contents of certification application and

  2         supporting documentation; repealing s. 341.343,

  3         F.S., relating to review of certification

  4         applications; repealing s. 341.344, F.S.,

  5         relating to the establishment, composition,

  6         organization, and duties of the Citizens'

  7         Planning and Environmental Advisory Committee;

  8         repealing s. 341.345, F.S., relating to

  9         alternate corridors or transit station

10         locations; repealing s. 341.346, F.S., relating

11         to the powers and duties of an administrative

12         law judge appointed to conduct hearings under

13         the act; repealing s. 341.3465, F.S., relating

14         to alteration of time limitations specified by

15         the act; repealing s. 341.347, F.S., relating

16         to required combined public meetings and land

17         use and zoning hearings to be conducted by

18         local governments; repealing s. 341.348, F.S.,

19         relating to reports and studies required of

20         various agencies by the act; repealing s.

21         341.351, F.S., relating to publication and

22         contents of notice of certification application

23         and proceedings; repealing s. 341.352, F.S.,

24         relating to certification hearings; repealing

25         s. 341.353, F.S., relating to final disposition

26         of certification applications; repealing s.

27         341.363, F.S., relating to the effect of

28         certification; repealing s. 341.364, F.S.,

29         relating to a franchisee's right to appeal to

30         the Florida Land and Water Adjudicatory

31         Commission under specified circumstances;

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 502

    Amendment No. ___   Barcode 110410





  1         repealing s. 341.365, F.S., relating to

  2         associated development; repealing s. 341.366,

  3         F.S., relating to recording of notice of

  4         certified corridor route; repealing s. 341.368,

  5         F.S., relating to modification of certification

  6         or franchise; repealing s. 341.369, F.S.,

  7         relating to fees imposed by the department and

  8         the disposition of such fees; repealing s.

  9         341.371, F.S., relating to revocation or

10         suspension of franchise or certification;

11         repealing s. 341.372, F.S., relating to

12         imposition by the department of specified

13         administrative fines in lieu of revocation or

14         suspension of franchise; repealing s. 341.375,

15         F.S., relating to the required participation by

16         women, minorities, and economically

17         disadvantaged individuals in all phases of the

18         design, construction, maintenance, and

19         operation of a high-speed rail transportation

20         system developed under the act, and required

21         plans for compliance by franchisees; repealing

22         s. 341.381, F.S., relating to applicability of

23         the act; repealing s. 341.382, F.S., relating

24         to laws and regulations superseded by the act;

25         repealing s. 341.383, F.S., relating to the

26         authority of local governments to assess

27         specified fees; repealing s. 341.386, F.S.,

28         relating to the admissibility of the award of a

29         franchise and of a certification under the act

30         in eminent domain proceedings;

31

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