HB 1473 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Florida Public Transit Act;
12	amending s. 341.031, F.S.; defining "intercity bus
13	service," "eligible bus carrier" or "carrier," "eligible
14	intercity bus costs," and "intercity bus capital project";
15	amending s. 341.041, F.S.; revising responsibilities of
16	the Department of Transportation; requiring the department
17	to develop a statewide plan which provides for public
18	transit and intercity bus service, formulate a specific
19	program of projects and project financing, develop and
20	administer certain state measures concerning system
21	performance, provide technical and financial assistance to
22	intercity bus carriers, coordinate activities between
23	certain entities on matters relating to intercity bus
24	service, assist in the development and implementation of
25	marketing and passenger information programs for said
26	services, provide said service to support described
27	projects, and utilize certain federal funds to support a
28	statewide intercity bus network; amending s. 341.051,
29	F.S.; authorizing the department to receive federal grants
30	or apportionments for intercity bus service projects;
31	revising certain project eligibility requirements for the
32	expenditure of state funds to include described intercity
33	bus service projects; authorizing the department to fund
34	such projects; authorizing the department to fund up to
35	100 percent of the federal aid apportionment for intercity
36	bus service; amending s. 341.053, F.S.; authorizing
37	expenditure of Intermodal Development Program funds for
38	intercity bus service; providing an effective date.
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40	Be It Enacted by the Legislature of the State of Florida:
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42	Section 1. Subsections (11) through (14) are added to
43	section 341.031, Florida Statutes, to read:
44	341.031 Definitions relating to Florida Public Transit
45	Act.--As used in ss. 341.011-341.061, the term:
46	(11) "Intercity bus service" means regularly scheduled bus
47	service for the general public that:
48	(a) Operates with limited stops over fixed routes
49	connecting two or more urban areas not in close proximity.
50	(b) Has the capacity for transporting baggage carried by
51	passengers.
52	(c) Makes meaningful connections with scheduled intercity
53	bus service to more distant points, if such service is
54	available.
55	(d) Maintains scheduled information in the National
56	Official Bus Guide.
57	(e) Provides package express service incidental to
58	passenger transportation.
59	(12) "Eligible bus carrier" or "carrier" means a private
60	company that has operated defined intercity bus service in the
61	state, with formal authority in accordance with the rules and
62	regulations of the Federal Motor Carrier Safety Administration
63	and the Surface Transportation Board of the United States
64	Department of Transportation, for a minimum of 2 years.
65	(13) "Eligible intercity bus costs" means the total costs
66	directly incident to the provision of intercity bus service,
67	including any depreciation or amortization of capital assets
68	purchased without public financial assistance.
69	(14) "Intercity bus capital project" means a capital
70	project undertaken by an intercity bus carrier to provide
71	intercity bus service and is limited to acquisition, design,
72	construction, reconstruction, or improvement of a privately
73	operated intercity bus service. Such projects may include that
74	portion of a government-owned or government-operated transit
75	system designed to support privately operated intercity bus
76	service.
77	Section 2. Section 341.041, Florida Statutes, is amended
78	to read:
79	341.041 Transit responsibilities of the department.--The
80	department shall, within the resources provided pursuant to
81	chapter 216:
82	(1) Develop a statewide plan which provides for public
83	transit and intercity bus serviceneeds at least 5 years in
84	advance. The plan shall be developed in a manner that will
85	assure maximum use of existing facilities, and optimum
86	integration and coordination of the various modes of
87	transportation, including both governmentally owned and
88	privately owned resources, in the most cost-effective manner
89	possible. The plan shall also incorporate plans adopted by local
90	and regional planning agencies which are consistent, to the
91	maximum extent feasible, with adopted strategic policy plans and
92	approved local government comprehensive plans for the region and
93	units of local government covered by the plan and shall, insofar
94	as practical, conform to federal planning requirements. The plan
95	shall be consistent with the goals of the Florida Transportation
96	Plan developed pursuant to s. 339.155.
97	(2) Formulate a specific program of projects and project
98	financing to respond to identified transit and intercity bus
99	serviceneeds as part of the work program.
100	(3) Develop, publish, and administer state measures
101	concerning system management, performance, productivity, cost
102	distribution, and safety of governmentally owned public transit
103	systems and privately owned or operated systems financed wholly
104	or in part by state funding. Such measures shall be developed
105	jointly with representatives of affected publicly owned transit
106	systems and in coordination with affected privately owned
107	systems, with full consideration given to nationwide industry
108	norms.
109	(4) Provide technical and financial assistance to units of
110	local government and intercity bus carriers, based on an
111	analysis of public transit and intercity bus serviceproblems
112	and needs, to assist in establishing and implementing effective
113	transit systems and related support programs. In providing such
114	assistance, the department may assist public agencies that
115	provide public transit and intercity bus carriers that provide
116	intercity bus servicesby making department-owned transit
117	vehicles and appurtenances available for lease to such agencies
118	for special needs of limited duration.
119	(5) Coordinate activities between the public entities and
120	private entities on matters relating to public transit and
121	intercity bus service.
122	(6) Assist in the development and implementation of
123	marketing and passenger information programs for public transit
124	and intercity busservices.
125	(7) Provide transit service through contracts with
126	existing publicly or privately owned transit systems, where such
127	service represents the transit element of a corridor project
128	designed to relieve urban traffic congestion.
129	(8) Provide intercity bus service to support projects that
130	serve to maintain and enhance statewide intercity bus service.
131	The department shall utilize and dedicate federal funds
132	apportioned to intercity bus service according to federal
133	requirements to support a statewide intercity bus network.
134	(9)(8)Provide new transit service and equipment where a
135	public need has been determined to exist pursuant to the
136	transportation planning process and where all of the following
137	conditions occur:
138	(a) No other governmental entity of appropriate
139	jurisdiction exists.
140	(b) The service cannot be reasonably provided by a
141	governmentally owned or privately owned public transit provider.
142	(c) The cost of providing the service does not exceed the
143	sum of revenues resulting from user fares, special transit
144	services such as charter operations, local fund participation,
145	and specific legislative appropriation for this purpose.
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147	The department may buy, sell, own, lease, and otherwise encumber
148	facilities, transit vehicles, and appurtenances thereto, as
149	necessary to provide such service; or the department may provide
150	service by contracts with governmentally owned or privately
151	owned service providers.
152	(10)(9)Provide public transportation service where
153	emergency service is required, provided that no other private or
154	public transportation operation is available to provide needed
155	service and that such service is clearly in the best interests
156	of the people or communities being served. Such service shall be
157	provided by contractual services, actual operation of state-
158	owned transit equipment and facilities, or any other means
159	deemed appropriate by the department and shall be limited to a
160	period not to exceed 2 years.
161	(11)(10)Administer federal and state commuter assistance
162	programs and related federal-aid funds apportioned to the
163	department, which promote the use of ridesharing arrangements
164	and transportation demand management strategies, and the
165	creation of transportation management associations. Public
166	agencies, and private organizations established pursuant to
167	chapter 617 and approved by the local government and the
168	department as being consistent with local, regional, and state
169	transportation plans, are eligible to receive funds under this
170	program. The department shall establish adequate insurance
171	requirements based on passenger capacity for each vehicle used
172	in ridesharing.
173	(12)(11)Assist local governmental entities and other
174	transit operators in the planning and development of transit
175	programs and procedures and in the identification of
176	alternatives for achieving the most effective use of available
177	transportation resources and increasing revenue sources as
178	needed so that Florida's transit systems can move toward
179	becoming fiscally self-sufficient. The department may also
180	advance, on a matching basis, state funds for capital
181	improvements to transit properties in accordance with the
182	following:
183	(a) Candidate programs may include, but are not limited
184	to, the development of terminal facilities for lease by
185	interfacing modes, the acquisition and development of adjacent
186	land for lease or sale to public and private entities, and the
187	acquisition and development of air rights.
188	(b) The criteria to be utilized in determining whether or
189	not to advance such funds shall be adopted by rule and shall
190	include the demonstrated need of the transit system,
191	administrative capability, and a system financial plan as
192	approved by the department.
193	(13)(12)Assist local governmental entities in achieving a
194	condition wherein transit systems are operated at a service
195	level that is responsive to identified transit needs and in such
196	a manner as to promote maximum transit usage and achieve the
197	highest possible operating recovery ratio commensurate with the
198	local government's transit role and requirements.
199	(14)(13)Assist local governmental entities and other
200	transit operators in the planning, development, and coordination
201	of transit services for WAGES program participants as defined in
202	s. 414.0252.
203	(15)(14)Create and maintain a common self-retention
204	insurance fund to support fixed-guideway projects throughout the
205	state when there is a contractual obligation to have the fund in
206	existence in order to provide fixed-guideway services. The
207	maximum limit of the fund is as required by any contractual
208	obligation.
209	Section 3. Paragraph (a) of subsection (1), paragraph (a)
210	of subsection (4), and subsection (5) of section 341.051,
211	Florida Statutes, are amended to read:
212	341.051 Administration and financing of public transit
213	programs and projects.--
214	(1) FEDERAL AID.--
215	(a) The department is authorized to receive federal grants
216	or apportionments for public transit and intercity bus service
217	projects in this state.
218	(4) PROJECT ELIGIBILITY.--
219	(a) Any project that is necessary to meet the program
220	objectives enumerated in s. 341.041, that conforms to the
221	provisions of this section, and that is contained in the local
222	transportation improvement program and the adopted work program
223	of the department is eligible for the expenditure of state funds
224	for transit purposes.
225	1. The project shall be a project for service or
226	transportation facilities provided by the department under the
227	provisions of this act, a public transit capital project, a
228	commuter assistance project, a public transit service
229	development project, an intercity bus service capital project,
230	an intercity bus service project,or a transit corridor project.
231	2. The project must be approved by the department as being
232	consistent with the criteria established pursuant to the
233	provisions of this act.
234	(5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
235	(a) The department may fund up to 50 percent of the
236	nonfederal share of the costs, not to exceed the local share, of
237	any eligible public transit capital project or commuter
238	assistance project that is local in scope; except, however, that
239	departmental participation in the final design, right-of-way
240	acquisition, and construction phases of an individual fixed-
241	guideway project which is not approved for federal funding shall
242	not exceed an amount equal to 12.5 percent of the total cost of
243	each phase.
244	(b) The department is authorized to fund up to 100 percent
245	of the cost of any eligible transit capital project, intercity
246	bus service project,or commuter assistance project that is
247	statewide in scope or involves more than one county where no
248	other governmental entity or appropriate jurisdiction exists.
249	(c) The department is authorized to advance up to 80
250	percent of the capital cost of any eligible project that will
251	assist Florida's transit systems and intercity bus servicesin
252	becoming fiscally self-sufficient. Such advances shall be
253	reimbursed to the department on an appropriate schedule not to
254	exceed 5 years after the date of provision of the advances.
255	(d) The department is authorized to fund up to 100 percent
256	of the capital and net operating costs of statewide transit
257	service development projects or transit corridor projects. All
258	transit service development projects shall be specifically
259	identified by way of a departmental appropriation request, and
260	transit corridor projects shall be identified as part of the
261	planned improvements on each transportation corridor designated
262	by the department. The project objectives, the assigned
263	operational and financial responsibilities, the timeframe
264	required to develop the required service, and the criteria by
265	which the success of the project will be judged shall be
266	documented by the department for each such transit service
267	development project or transit corridor project.
268	(e) The department is authorized to fund up to 50 percent
269	of the capital and net operating costs of transit service
270	development projects that are local in scope and that will
271	improve system efficiencies, ridership, or revenues. All such
272	projects shall be identified in the appropriation request of the
273	department through a specific program of projects, as provided
274	for in s. 341.041, that is selectively applied in the following
275	functional areas and is subject to the specified times of
276	duration:
277	1. Improving system operations, including, but not limited
278	to, realigning route structures, increasing system average
279	speed, decreasing deadhead mileage, expanding area coverage, and
280	improving schedule adherence, for a period of up to 3 years;
281	2. Improving system maintenance procedures, including, but
282	not limited to, effective preventive maintenance programs,
283	improved mechanics training programs, decreasing service repair
284	calls, decreasing parts inventory requirements, and decreasing
285	equipment downtime, for a period of up to 3 years;
286	3. Improving marketing and consumer information programs,
287	including, but not limited to, automated information services,
288	organized advertising and promotion programs, and signing of
289	designated stops, for a period of up to 2 years; and
290	4. Improving technology involved in overall operations,
291	including, but not limited to, transit equipment, fare
292	collection techniques, electronic data processing applications,
293	and bus locators, for a period of up to 2 years.
294	(f) The department is authorized to fund up to 100 percent
295	of the federal aid apportionment for intercity bus service.
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297	For purposes of this section, the term "net operating costs"
298	means all operating costs of a project less any federal funds,
299	fares, or other sources of income to the project.
300	Section 4. Paragraph (a) of subsection (2) and subsection
301	(6) of section 341.053, Florida Statutes, are amended to read:
302	341.053 Intermodal Development Program; administration;
303	eligible projects; limitations.--
304	(2) In recognition of the department's role in the
305	economic development of this state, the department shall develop
306	a proposed intermodal development plan to connect Florida's
307	airports, deepwater seaports, rail systems serving both
308	passenger and freight, and major intermodal connectors to the
309	Florida Intrastate Highway System facilities as the primary
310	system for the movement of people and freight in this state in
311	order to make the intermodal development plan a fully integrated
312	and interconnected system. The intermodal development plan must:
313	(a) Define and assess the state's freight intermodal
314	network, including airports, seaports, rail lines and terminals,
315	intercity bus lines and terminals,and connecting highways.
316	(6) The department is authorized to fund projects within
317	the Intermodal Development Program, which are consistent, to the
318	maximum extent feasible, with approved local government
319	comprehensive plans of the units of local government in which
320	the project is located. Projects that are eligible for funding
321	under this program include major capital investments in public
322	rail and fixed-guideway transportation facilities and systems
323	which provide intermodal access; road, rail, intercity bus
324	service,or fixed-guideway access to, from, or between seaports,
325	airports, and other transportation terminals; construction of
326	intermodal or multimodal terminals; development and construction
327	of dedicated bus lanes; and projects which otherwise facilitate
328	the intermodal or multimodal movement of people and goods.
329	Section 5. This act shall take effect July 1, 2003.
330