Senate Bill sb2034c1

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    Florida Senate - 2003                           CS for SB 2034

    By the Committee on Transportation; and Senator Sebesta





    306-2497-03

  1                      A bill to be entitled

  2         An act relating to the high-speed rail system;

  3         amending s. 341.8203, F.S.; deleting the term

  4         "associated development" from the definition of

  5         "high-speed rail system"; amending s. 341.840,

  6         F.S.; providing that the Florida High-Speed

  7         Rail Authority, its agent, or the owner of the

  8         high-speed rail system is not required to pay

  9         taxes or assessments related to the operation

10         of the high-speed rail system; providing

11         exceptions; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (6) of section 341.8203, Florida

16  Statutes, is amended to read:

17         341.8203  Definitions.--As used in this act, unless the

18  context clearly indicates otherwise, the term:

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

20  fixed guideway system for transporting people or goods, which

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

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

23  system, dual track rail system, suspended rail system,

24  magnetic levitation system, pneumatic repulsion system, or

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

26  corridor and structures essential to the operation of the

27  line, including the land, structures, improvements,

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

29  structures, stations, platforms, switches, yards, parking

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

31  associated development, and any other facilities or equipment

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    Florida Senate - 2003                           CS for SB 2034
    306-2497-03




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

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

 3  of the high-speed rail system.

 4         Section 2.  Section 341.840, Florida Statutes, is

 5  amended to read:

 6         341.840  Tax exemption.--

 7         (1)  The exercise of the powers granted by this act

 8  will be in all respects for the benefit of the people of this

 9  state, for the increase of their commerce, welfare, and

10  prosperity, and for the improvement of their health and living

11  conditions., and as The design, building, operation,

12  maintenance, and financing of a high-speed rail system by the

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

14  herein authorized, constitutes the performance of an essential

15  public function.

16         (2)  For these reasons, the authority, its agent, or

17  the owner of such high-speed rail system is not required to

18  pay any taxes or assessments on:

19         (a)  Facilities directly related to the operation of

20  the high-speed rail system.

21         (b)  Any real property directly related to the

22  operation of the high-speed rail system, neither the

23  authority, its agent, nor the owner of such system shall be

24  required to pay any taxes or assessments upon or in respect to

25  the system or any property acquired or used by the authority,

26  its agent, or the system such owner.

27         (c)  Any income derived directly from the operation of

28  the high-speed rail system under the provisions of this act or

29  upon the income therefrom, any security therefor, their

30  transfer, and the income therefrom, including any profit made

31  on the sale thereof, shall at all times be free from taxation

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    Florida Senate - 2003                           CS for SB 2034
    306-2497-03




 1  of every kind by the state, the counties, and the

 2  municipalities and other political subdivisions in the state.

 3         (3)  However, the exemption granted by this section

 4  shall not be applicable to any tax imposed by chapter 220 on

 5  interest, income, or profits on debt obligations owned by

 6  corporations. When property of the authority is leased, it

 7  shall be exempt from ad valorem taxes only if the use by the

 8  lessee qualifies the property for an exemption under s.

 9  196.199.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 2034

15                                 

16  The CS specifies the tax exemptions provided in the CS are not
    applicable to any tax imposed by ch. 220, F.S., on interest,
17  income, or profits on debt obligations owned by corporations.
    Further, when property is leased by the Authority it is only
18  exempt from ad valorem taxes if the lessee qualifies the
    property for an exemption under s. 196.199, F.S.
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