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| 1 | A bill to be entitled | ||
| 2 | An act relating to rail programs; amending s. 341.302, | ||
| 3 | F.S.; directing the Department of Transportation to | ||
| 4 | provide rail service connecting the Orlando International | ||
| 5 | Airport with a primary transportation hub; defining | ||
| 6 | "primary transportation hub"; providing for acquisition of | ||
| 7 | facilities and equipment; providing for use of certain | ||
| 8 | public rights-of-way; providing for department oversight | ||
| 9 | and applicable criteria; authorizing the department to fix | ||
| 10 | and collect certain charges; providing for use of moneys | ||
| 11 | collected; providing for selection of the route, the hub, | ||
| 12 | and the technology to be used; providing for funds to be | ||
| 13 | used to provide rail service between said airport and the | ||
| 14 | Orange County Convention Center; providing annual state | ||
| 15 | funding; authorizing the issuance of bonds; providing | ||
| 16 | covenant with holders of such revenue bonds or other | ||
| 17 | instruments of indebtedness; authorizing use of certain | ||
| 18 | funds from described sources; providing an effective date. | ||
| 19 | |||
| 20 | Be It Enacted by the Legislature of the State of Florida: | ||
| 21 | |||
| 22 | Section 1. Subsection (18) is added to section 341.302, | ||
| 23 | Florida Statutes, to read: | ||
| 24 | 341.302 Rail program, duties and responsibilities of the | ||
| 25 | department.--The department, in conjunction with other | ||
| 26 | governmental units and the private sector, shall develop and | ||
| 27 | implement a rail program of statewide application designed to | ||
| 28 | ensure the proper maintenance, safety, revitalization, and | ||
| 29 | expansion of the rail system to assure its continued and | ||
| 30 | increased availability to respond to statewide mobility needs. | ||
| 31 | Within the resources provided pursuant to chapter 216, and as | ||
| 32 | authorized under Title 49 C.F.R. part 212, the department shall: | ||
| 33 | (18) Provide rail service between a station at the Orlando | ||
| 34 | International Airport and one primary transportation hub serving | ||
| 35 | the needs of visitors to the region and residents of the region | ||
| 36 | working in the tourism industry. For purposes of this | ||
| 37 | subsection, the term "primary transportation hub" means any area | ||
| 38 | to which 10 percent or more of annual air passengers travel from | ||
| 39 | said airport and which contains 25 percent or more of the total | ||
| 40 | transient room rentals in the county in which the hub is | ||
| 41 | located, within a 5-mile radius of the hub, regardless of the | ||
| 42 | county in which such transient room rentals are located. | ||
| 43 | (a) The department may own, lease, and otherwise encumber | ||
| 44 | facilities, equipment, and appurtenances thereto as necessary to | ||
| 45 | provide the rail service, or the department may provide such | ||
| 46 | service by contracts with privately owned service providers. The | ||
| 47 | rail service may use existing public rights-of-way as determined | ||
| 48 | by the department. No costs shall be incurred by the department, | ||
| 49 | or by the project, for the use of any such public right-of-way, | ||
| 50 | whether it be under the jurisdiction of the department or any | ||
| 51 | other public entity. | ||
| 52 | (b) The department may fix, revise, charge, and collect | ||
| 53 | rates, grants, fees, charges, and revenues for the use of the | ||
| 54 | rail service and for the services furnished and may enforce | ||
| 55 | collection of such rates, grants, fees, charges, and revenues. | ||
| 56 | All funds so collected shall first be used to pay the cost of | ||
| 57 | the service's operation and maintenance. Any remaining funds may | ||
| 58 | then be used to pay contractual obligations and the cost of | ||
| 59 | service improvements. | ||
| 60 | (c) The department shall determine the technology used, | ||
| 61 | the route of the service, and the single hub location and shall | ||
| 62 | select the most direct route between said airport and the hub to | ||
| 63 | achieve the maximum financial viability of the project. In | ||
| 64 | determining financial viability of the service, 50 percent of | ||
| 65 | the funds provided by this section shall be specifically used on | ||
| 66 | that direct route with the lowest estimated capital costs for | ||
| 67 | the project, the highest potential revenues per mile of route, | ||
| 68 | and the greatest ability to accommodate the highest speeds and | ||
| 69 | lowest travel times between said airport and the hub and | ||
| 70 | employing and demonstrating advanced technologies of any | ||
| 71 | available type, notwithstanding s. 341.301(5). The projected | ||
| 72 | operating and maintenance costs of the service shall also be | ||
| 73 | considered. The balance of such funds shall be used to provide | ||
| 74 | rail service between said airport and the Orange County | ||
| 75 | Convention Center. The department shall also consider the | ||
| 76 | availability of federal, local government, and private sources | ||
| 77 | of funding for the service and shall give priority to routes and | ||
| 78 | stations based on such funding commitments. | ||
| 79 | (d) In the event there is no direct route between said | ||
| 80 | airport and a hub which meets the criteria set forth in | ||
| 81 | paragraph (c), or in the event that service is provided on such | ||
| 82 | a route and such service does not require 50 percent of the | ||
| 83 | funds provided for in this section, all funds remaining from the | ||
| 84 | amount provided for in this section shall then be used to | ||
| 85 | provide rail service between said airport and the Orange County | ||
| 86 | Convention Center. | ||
| 87 | (e) Notwithstanding any other provision of law, on July 1, | ||
| 88 | 2003, and annually until July 1, 2038, $10 million from license | ||
| 89 | taxes imposed pursuant to s. 320.08 shall be deposited into the | ||
| 90 | State Transportation Trust Fund solely for the purpose of | ||
| 91 | funding rail service as provided in this section. Such revenues | ||
| 92 | may be assigned, pledged, or set aside as a trust for the | ||
| 93 | payment of principal or interest on bonds, tax anticipation | ||
| 94 | certificates, or any other form of indebtedness issued by the | ||
| 95 | department. However, such debt shall not constitute a general | ||
| 96 | obligation of the State of Florida. The state does hereby | ||
| 97 | covenant with holders of such revenue bonds or other instruments | ||
| 98 | of indebtedness issued hereunder that it will not repeal, | ||
| 99 | impair, or amend in any manner which will materially and | ||
| 100 | adversely affect the rights of such holders so long as bonds | ||
| 101 | authorized by this paragraph are outstanding. Any revenues which | ||
| 102 | are not pledged to the repayment of bonds as authorized by this | ||
| 103 | paragraph may be utilized for purposes authorized under this | ||
| 104 | subsection, including the payment of project development costs | ||
| 105 | and for operations and maintenance costs of the service. The | ||
| 106 | department is authorized to perform such acts as are required to | ||
| 107 | facilitate and implement the provisions of this subsection. The | ||
| 108 | uses of funds provided pursuant to this paragraph are limited to | ||
| 109 | eligible projects as provided in this subsection. Any revenue | ||
| 110 | bonds or other indebtedness shall be issued by the Division of | ||
| 111 | Bond Finance at the request of the Department of Transportation | ||
| 112 | pursuant to the State Bond Act. | ||
| 113 | (f) In addition to the funds provided under this section, | ||
| 114 | said service shall also be eligible for any and all other funds | ||
| 115 | available under Florida law for the purpose of providing rail | ||
| 116 | transit service. | ||
| 117 | Section 2. This act shall take effect July 1, 2003. | ||