HB 1835 2003
1	A bill to be entitled
2	An act relating to public transit; amending s. 343.51,
3	F.S.; revising the short title; amending s. 343.52, F.S.;
4	revising definitions; amending s. 343.53, F.S.;
5	redesignating the Tri-County Commuter Rail Authority as
6	the South Florida Regional Transportation Authority;
7	revising provisions relating to appointment of the
8	governing board of the authority; amending s. 343.54,
9	F.S.; revising powers and duties of the authority;
10	authorizing the authority to expand its service area into
11	counties contiguous to the service area of the authority
12	upon consent of the board of county commissioners;
13	amending s. 336.021, F.S.; revising distribution of moneys
14	in the Ninth-cent Fuel Tax Trust Fund; amending ss.
15	343.55, 343.56, 343.57, 112.3148, and 768.28, F.S.;
16	conforming provisions to changes made by the act;
17	providing future repeal of the amendment to s. 336.021(2),
18	F.S., under certain circumstances; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 343.51, Florida Statutes, is amended to
24	read:
25	343.51 PartShorttitle.--This part may be cited as the
26	"South Florida Regional TransportationTri-County Commuter Rail
27	Authority Act."
28	Section 2. Section 343.52, Florida Statutes, is amended to
29	read:
30	343.52 Definitions.--As used in this part, unless the
31	context clearly indicates otherwise,the term:
32	(1) "Authority" means the South Florida Regional
33	TransportationTri-County Commuter RailAuthority.
34	(2) "Board" means the governing body of the authority.
35	(3) "Area served" means Miami-Dade, Broward, and Palm
36	Beach Counties. However, this area may be expanded by mutual
37	consent of the authority and the board of county commissioners
38	representing the proposed expansion area.
39	(4)(3) "Transit systemCommuter railroad" means a system
40	used for the transportation of people and goods by means of,
41	without limitation, a street railway, an elevated railway having
42	a fixed guideway, a commuter railroad, a subway, motor vehicles,
43	or motor buses and includes a complete system of tracks,
44	guideways, stations, and rolling stock necessary to effectuate
45	medium-distance to long-distance passenger railservice to or
46	from the surrounding regional municipalities.
47	(5)(4) "TransitCommuter rail facilities" means property,
48	and avenues of access, equipment, or buildings built and
49	installed in Miami-DadeDade, Broward, and Palm Beach Counties,
50	which are required to support a transit systemfor commuter rail
51	or fixed guideway systems.
52	(6)(5)"Member" means the individuals constituting the
53	board.
54	(7)(6) "Feeder transit services" means a transit system
55	that transportsfixed guideway or bus service to transport
56	passengers to or fromrail stations within or across counties.
57	Section 3. Section 343.53, Florida Statutes, is amended to
58	read:
59	343.53 South Florida Regional TransportationTri-County
60	Commuter RailAuthority.--
61	(1) There is created and established a body politic and
62	corporate, an agency of the state, to be known as the "South
63	Florida Regional TransportationTri-County Commuter Rail
64	Authority," hereinafter referred to as the "authority."
65	(2) The governing board of the authority shall consist of
66	nine voting members, as follows:
67	(a) The county commissions of Miami-DadeDade, Broward,
68	and Palm Beach Counties shall each elect a commissioner as that
69	commission's representative on the board. The commissioner must
70	be a member of the county commission when elected and for the
71	full extent of his or her term.
72	(b) The county commissions of Miami-DadeDade, Broward,
73	and Palm Beach Counties shall each appoint a citizen member to
74	the board who is not a member of the county commission but who
75	is a resident of the county from which he or she is appointed
76	and a qualified elector of that county. Insofar as practicable,
77	the citizen member shall represent the business and civic
78	interests of the community.
79	(c) For the initial membership of the board, the Governor
80	shall appoint a resident of Broward County; the President of the
81	Senate shall appoint a resident of Miami-Dade County; and the
82	Speaker of the House of Representatives shall appoint a resident
83	of Palm Beach County. Upon the expiration of these appointees'
84	terms, the next appointments to the board shall be as follows:
85	the Governor shall appoint a resident of Miami-Dade County; the
86	President of the Senate shall appoint a resident of Palm Beach
87	County; and the Speaker of the House of Representatives shall
88	appoint a resident of Broward County. For the next appointments,
89	the Governor shall appoint a resident of Palm Beach County; the
90	President of the Senate shall appoint a resident of Broward
91	County; and the Speaker of the House of Representatives shall
92	appoint a resident of Miami-Dade County. After that, the cycle
93	of appointments is as originally specified. All individuals
94	appointed pursuant to this paragraph shall be qualified electors
95	of their counties of residence.The secretary of the Department
96	of Transportation shall appoint one of the district secretaries,
97	or his or her designee, for the districts within which the area
98	served by the tri-county rail is located.
99	(d) If the authority's service area is expanded pursuant
100	to s. 343.54(5), the county containing the new service area
101	shall have three members appointed to the board as follows:
102	1. The county commission of such county shall elect a
103	commissioner as that commission's representative on the board.
104	The commissioner must be a member of the county commission when
105	elected and for the full extent of his or her term.
106	2. The county commission of such county shall appoint a
107	citizen member to the board who is not a member of the county
108	commission but who is a resident and a qualified elector of that
109	county. Insofar as practicable, the citizen member shall
110	represent the business and civic interests of the community.
111	3. The Governor shall appoint a citizen member to the
112	board who is not a member of the county commission but who is a
113	resident and a qualified elector of that county.The other eight
114	members of the board shall elect, by a simple majority vote, an
115	at-large member who is a resident and qualified elector in the
116	area served by the tri-county rail.
117	(e) The Governor shall appoint one member to the board who
118	is a resident and qualified elector in the area served by the
119	tri-county rail.
120	(3)(a) Members of the governing board of the authority
121	shall serve 4-year staggered terms, except that the terms of the
122	appointees of the Governor, the President of the Senate, and the
123	Speaker of the House of Representatives shall be concurrent.
124	(b) The terms of the board members currently serving on
125	the authority that is being succeeded by this act shall expire
126	July 30, 2003, at which time the terms of the members appointed
127	pursuant to subsection (2) shall commence. The Governor, the
128	President of the Senate, and the Speaker of the House of
129	Representatives shall make their appointments to the board
130	within 30 days after July 30, 2003.The terms of the county
131	commissioners on the governing board of the authority shall be 2
132	years. All other members on the governing board of the
133	authority shall serve staggered 4-year terms. Each member
134	shall hold office until his or her successor has been appointed.
135	(4) A vacancy during a term shall be filled by the
136	respective appointing authority in the same manner as the
137	original appointment and only for the balance of the unexpired
138	term.
139	(5) The members of the authority shall serve withoutnot
140	be entitled to compensation, but are entitled to reimbursement
141	shall be reimbursedfor travel expenses actually incurred in
142	their duties as provided by law.
143	Section 4. Section 343.54, Florida Statutes, is amended to
144	read:
145	343.54 Powers and duties.--
146	(1)(a) The authority created and established by this part
147	shall have the right to own, operate, maintain, and manage a
148	transitcommuter rail system in the tri-county area of Broward,
149	Miami-DadeDade, and Palm Beach Counties, hereinafter referred
150	to as the South Florida Regional Transportation AuthorityTri-
151	County Rail.
152	(b) It is the express intention of this part that the
153	authority be authorized to plan, develop, own, purchase, lease,
154	or otherwise acquire, demolish, construct, improve, relocate,
155	equip, repair, maintain, operate, and manage a transitcommuter
156	rail system and transitcommuter railfacilities; to establish
157	and determine thesuch policies as may benecessary for the best
158	interest of the operation and promotion of a transitcommuter
159	rail system; and to adopt such rules as may benecessary to
160	govern the operation of a transitcommuter rail system and
161	transitcommuter railfacilities.
162	(c) Notwithstanding subsection (3), the South Florida
163	Regional Transportation Authority may not exercise the powers in
164	paragraph (b) in regard to a system for transporting people and
165	goods by any means owned by another entity without the consent
166	of such entity.
167	(2) The authority created in this parthereinshall be the
168	successor and assignee of the Tri-County Commuter Rail Authority
169	Organization (TCRO)and shall inherit all rights, assets,
170	agreements, appropriations, privileges, and obligations of the
171	Tri-County Commuter Rail AuthorityTCRO.
172	(3) The authority may exercise all powers necessary,
173	appurtenant, convenient, or incidental to the carrying out of
174	the aforesaid purposes, including, but not limited to, the
175	following rights and powers:
176	(a) To sue and be sued, implead and be impleaded, complain
177	and defend in all courts in its own name.
178	(b) To adopt and use a corporate seal.
179	(c) To have the power of eminent domain, including the
180	procedural powers granted under chapters 73 and 74.
181	(d) To acquire, purchase, hold, lease as a lessee, and use
182	any franchise or property, real, personal, or mixed, tangible or
183	intangible, or any interest therein, necessary or desirable for
184	carrying out the purposes of the authority.
185	(e) To sell, convey, exchange, lease, or otherwise dispose
186	of any real or personal property acquired by the authority,
187	including air rights.
188	(f) To fix, alter, establish, and collect rates, fares,
189	fees, rentals, and other charges for the use of any transit
190	commuter rail system or transitfacilities owned or operated by
191	the authority.
192	(g) To develop and provide feeder transit services to or
193	fromrail stations within or across counties.
194	(h) To adopt bylaws for the regulation of the affairs and
195	the conduct of the business of the authority. The bylaws shall
196	provide for quorum and voting requirements, maintenance of
197	minutes and other official records, and preparation and adoption
198	of an annual budget.
199	(i) To lease, rent, or contract for the operation or
200	management of any part of a transitcommuter rail system or
201	transitcommuter railfacility, including feeder transit
202	services and concessions. In awarding a contract, the authority
203	shall consider, but is not limited to, the following:
204	1. The qualifications of each applicant.
205	2. The level of service.
206	3. The efficiency, cost, and anticipated revenue.
207	4. The construction, operation, and management plan.
208	5. The financial ability to provide reliable service.
209	6. The impact on other transportation modes, including the
210	ability to interface with other transportation modes and
211	facilities.
212	(j) To enforce collection of rates, fees, and charges, and
213	to establish and enforce fines and penalties for violations of
214	any rules.
215	(k) To advertise and promote transitcommuter rail
216	systems, transitfacilities, and activities of the authority.
217	(l) To employ an executive director, attorney, staff, and
218	consultants.
219	(m) To cooperate with other governmental entities and to
220	contract with other governmental agencies, including the
221	Department of Transportation, the Federal Government, regional
222	planning councils,counties, and municipalities.
223	(n) To enter into joint development agreements.
224	(o) To accept funds from other governmental sources, and
225	to accept private donations.
226	(p) To purchase by directly contracting with local,
227	national, or international insurance companies to provide
228	liability insurance which the authority is contractually and
229	legally obligated to provide, the requirements of s. 287.022(1),
230	notwithstanding.
231	(4) The authority shall develop and adopt a plan for the
232	operation, maintenance, and expansion of the transit systemtri-
233	county commuter rail service. Such plan shall address the
234	authority's plan for the development of public and private
235	revenue sources, and the service to be provided, including
236	expansions of current service which are consistent, to the
237	maximum extent feasible, with approved local government
238	comprehensive plans. The plan shall be reviewed and updated
239	annually.
240	(5) The authority, by a resolution of its governing board,
241	may expand its service area and enter into a partnership with
242	any county that is contiguous to the service area of the
243	authority. The board shall determine the conditions and terms of
244	the partnership, except as provided herein. However, the
245	authority may not expand its service area without the consent of
246	the board of county commissioners representing the proposed
247	expansion area.
248	Section 5. Section 343.55, Florida Statutes, is amended to
249	read:
250	343.55 Issuance of revenue bonds.--
251	(1) The authority is authorized to borrow money as
252	provided by the State Bond Act for the purpose of paying all or
253	any part of the cost of any one or more Tri-County Rail projects
254	of the South Florida Regional Transportation Authority. The
255	principal of, and the interest on, such bonds shall be payable
256	solely from revenues pledged for their payment.
257	(2) The proceeds of the bonds of each issue shall be used
258	solely for the payment of the cost of theTri-County Rail
259	projects for which such bonds shall have been issued, except as
260	provided in the State Bond Act. Such proceeds shall be
261	disbursed and used as provided in this part and in such manner
262	and under such restrictions, if any, as the Division of Bond
263	Finance may provide in the resolution authorizing the issuance
264	of such bonds or in the trust agreement securing the same.
265	(3) The Division of Bond Finance is authorized to issue
266	revenue bonds on behalf of the authority to finance or refinance
267	the cost of Tri-County Railprojects.
268	Section 6. Section 343.56, Florida Statutes, is amended to
269	read:
270	343.56 Bonds not debts or pledges of credit of
271	state.--Revenue bonds issued under the provisions of this part
272	are not debts of the state or pledges of the faith and credit of
273	the state. Such bonds are payable exclusively from revenues
274	pledged for their payment. All such bonds shall contain a
275	statement on their face that the state is not obligated to pay
276	the same or the interest thereon, except from the revenues
277	pledged for their payment, and that the faith and credit of the
278	state is not pledged to the payment of the principal or interest
279	of such bonds. The issuance of revenue bonds under the
280	provisions of this part does not directly, indirectly, or
281	contingently obligate the state to levy or to pledge any form of
282	taxation whatsoever, or to make any appropriation for their
283	payment. No state funds shall be used to pay the principal or
284	interest of any bonds issued to finance or refinance any portion
285	of the South Florida Regional Transportation Authority transit
286	Tri-County Railsystem, and all such bonds shall contain a
287	statement on their face to this effect. However, federal funds
288	being passed through the department to the South Florida
289	Regional Transportation AuthorityTri-County Rail systemand
290	those state matching funds required by the United States
291	Department of Transportation as a condition of federal funding
292	may be used to pay principal and interest of any bonds issued.
293	Section 7. Section 343.57, Florida Statutes, is amended to
294	read:
295	343.57 Pledge to bondholders not to restrict certain
296	rights of authority.--The state pledges to and agrees with the
297	holders of the bonds issued pursuant to this part that the state
298	will not limit or restrict the rights vested in the authority to
299	construct, reconstruct, maintain, and operate any Tri-County
300	Railproject as defined in this part, to establish and collect
301	such fees or other charges as may be convenient or necessary to
302	produce sufficient revenues to meet the expenses of maintenance
303	and operation of the Tri-County Railsystem, and to fulfill the
304	terms of any agreements made with the holders of bonds
305	authorized by this part. The state further pledges that it will
306	not in any way impair the rights or remedies of the holders of
307	such bonds until the bonds, together with interest thereon, are
308	fully paid and discharged.
309	Section 8. Subsection (2) of section 336.021, Florida
310	Statutes, is amended to read:
311	336.021 County transportation system; levy of ninth-cent
312	fuel tax on motor fuel and diesel fuel.--
313	(2)(a)1.The tax collected by the department pursuant to
314	subsection (1) shall be transferred to the Ninth-cent Fuel Tax
315	Trust Fund, which fund is created for distribution to the
316	counties pursuant to paragraph (1)(d). However, in counties that
317	are served by the South Florida Regional Transportation
318	Authority as of July 1, 2003, $2,670,000 of the receipts due to
319	each county shall be distributed annually to the South Florida
320	Regional Transportation Authority. If such county, by county
321	referendum, dedicates an alternative funding source to the South
322	Florida Regional Transportation Authority that will provide at
323	least $2,670,000 of funding each year, then that county may
324	request that the department remit all of the tax that normally
325	would have been due to the county under paragraph (1)(d)
326	directly to the county. The department shall approve such a
327	request provided that a stable funding source generating at
328	least $2,670,000 each year has been dedicated to funding the
329	South Florida Regional Transportation Authority by that county.
330	2.The department shall deduct the administrative costs
331	incurred by it in collecting, administering, enforcing, and
332	distributing back to the counties the tax, which administrative
333	costs may not exceed 2 percent of collections authorized by this
334	section. The total administrative cost shall be prorated among
335	those counties levying the tax according to the following
336	formula, which shall be revised on July 1 of each year: Two-
337	thirds of the amount deducted shall be based on the county's
338	proportional share of the number of dealers who are registered
339	for purposes of chapter 212 on June 30th of the preceding state
340	fiscal year, and one-third of the amount deducted shall be based
341	on the county's share of the total amount of the tax collected
342	during the preceding state fiscal year. The department has the
343	authority to prescribe and publish all forms upon which reports
344	shall be made to it and other forms and records deemed to be
345	necessary for proper administration and collection of the tax
346	levied by any county and shall adopt rules necessary to enforce
347	this section, which rules shall have the full force and effect
348	of law. The provisions of ss. 206.026, 206.027, 206.028,
349	206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 206.075,
350	206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 206.13, 206.14,
351	206.15, 206.16, 206.17, 206.175, 206.18, 206.199, 206.20,
352	206.204, 206.205, 206.21, 206.215, 206.22, 206.24, 206.27,
353	206.28, 206.41, 206.416, 206.44, 206.45, 206.48, 206.49, 206.56,
354	206.59, 206.626, 206.87, 206.872, 206.873, 206.8735, 206.874,
355	206.8741, 206.8745, 206.94, and 206.945 shall, as far as
356	practicable, be applicable to the levy and collection of the tax
357	imposed pursuant to this section as if fully set out in this
358	section.
359	(b) The provisions of s. 206.43(7) shall apply to the
360	incorrect reporting of the tax levied under this section.
361	Section 9. Paragraphs (a) and (b) of subsection (6) of
362	section 112.3148, Florida Statutes, are amended to read:
363	112.3148 Reporting and prohibited receipt of gifts by
364	individuals filing full or limited public disclosure of
365	financial interests and by procurement employees.--
366	(6)(a) Notwithstanding the provisions of subsection (5),
367	an entity of the legislative or judicial branch, a department or
368	commission of the executive branch, a water management district
369	created pursuant to s. 373.069, the South Florida Regional
370	TransportationTri-County Commuter RailAuthority, the
371	Technological Research and Development Authority, a county, a
372	municipality, an airport authority, or a school board may give,
373	either directly or indirectly, a gift having a value in excess
374	of $100 to any reporting individual or procurement employee if a
375	public purpose can be shown for the gift; and a direct-support
376	organization specifically authorized by law to support a
377	governmental entity may give such a gift to a reporting
378	individual or procurement employee who is an officer or employee
379	of such governmental entity.
380	(b) Notwithstanding the provisions of subsection (4), a
381	reporting individual or procurement employee may accept a gift
382	having a value in excess of $100 from an entity of the
383	legislative or judicial branch, a department or commission of
384	the executive branch, a water management district created
385	pursuant to s. 373.069, the South Florida Regional
386	TransportationTri-County Commuter RailAuthority, the
387	Technological Research and Development Authority, a county, a
388	municipality, an airport authority, or a school board if a
389	public purpose can be shown for the gift; and a reporting
390	individual or procurement employee who is an officer or employee
391	of a governmental entity supported by a direct-support
392	organization specifically authorized by law to support such
393	governmental entity may accept such a gift from such direct-
394	support organization.
395	Section 10. Paragraph (d) of subsection (10) of section
396	768.28, Florida Statutes, is amended to read:
397	768.28 Waiver of sovereign immunity in tort actions;
398	recovery limits; limitation on attorney fees; statute of
399	limitations; exclusions; indemnification; risk management
400	programs.--
401	(10)
402	(d) For the purposes of this section, operators,
403	dispatchers, and providers of security for rail services and
404	rail facility maintenance providers in the South Florida Rail
405	Corridor, or any of their employees or agents, performing such
406	services under contract with and on behalf of the South Florida
407	Regional TransportationTri-County Commuter RailAuthority or
408	the Department of Transportation shall be considered agents of
409	the state while acting within the scope of and pursuant to
410	guidelines established in said contract or by rule.
411	Section 11. If, by January 1, 2006, the South Florida
412	Regional Transportation Authority has not received federal
413	matching dollars based upon the dedication of a portion of the
414	ninth-cent fuel tax under s. 336.021(2), Florida Statutes, as
415	amended by this act, the amendment of that subsection by this
416	act is repealed, and the text of that subsection shall revert to
417	that in existence prior to the effective date of this act,
418	except that any amendments to such text enacted other than by
419	this act shall be preserved and continue to operate to the
420	extent that such amendments are not dependent upon the portions
421	of such text that are repealed pursuant to the provisions of
422	this act.
423	Section 12. This act shall take effect July 1, 2003.