Senate Bill sb0686
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Florida Senate - 2003 SB 686
By Senator Geller
31-214B-03
1 A bill to be entitled
2 An act relating to public transit; amending s.
3 343.51, F.S.; providing a short title; amending
4 s. 343.52, F.S.; revising definitions; amending
5 s. 343.53, F.S.; redesignating the Tri-County
6 Commuter Rail Authority as the South Florida
7 Regional Transportation Authority; providing
8 for a governing board of the authority;
9 amending s. 343.54, F.S.; revising powers and
10 duties of the authority with respect to
11 planning and operating a transit system within
12 a specified area of the state; authorizing the
13 authority to expand its service area into
14 counties contiguous to the service area of the
15 authority upon consent of the board of county
16 commissioners; amending ss. 343.55, 343.56,
17 343.57, F.S.; providing for the authority to
18 issue and pay revenue bonds; providing that the
19 bonds are not debts or pledges of credit of the
20 state; creating s. 343.58, F.S.; authorizing
21 the levy of an annual license user fee upon
22 registration or renewal of registration of a
23 vehicle registered within the area served by
24 the authority; providing that the license user
25 fee may not be imposed unless it is approved by
26 at least a majority plus one of the members of
27 the governing body of each of the counties
28 served by the authority; requiring the
29 Department of Highway Safety and Motor Vehicles
30 to remit proceeds of the license user fee to
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Florida Senate - 2003 SB 686
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1 the South Florida Regional Transportation
2 Authority; providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 343.51, Florida Statutes, is
7 amended to read:
8 343.51 Short title.--This part may be cited as the
9 "South Florida Regional Transportation Tri-County Commuter
10 Rail Authority Act."
11 Section 2. Section 343.52, Florida Statutes, is
12 amended to read:
13 343.52 Definitions.--As used in this part, unless the
14 context clearly indicates otherwise, the term:
15 (1) "Authority" means the South Florida Regional
16 Transportation Tri-County Commuter Rail Authority.
17 (2) "Board" means the governing body of the authority.
18 (3) "Area served" means Miami-Dade, Broward, and Palm
19 Beach Counties. However, this area may be expanded by mutual
20 consent of the authority and the board of county commissioners
21 representing the proposed expansion area.
22 (4)(3) "Transit system" "Commuter railroad" means a
23 system used for the transportation of people and goods by
24 means of, without limitation, a street railway, an elevated
25 railway having a fixed guideway, a commuter railroad, a
26 subway, motor vehicles, or motor buses, and includes a
27 complete system of tracks, guideways, stations, and rolling
28 stock necessary to effectuate medium-distance to long-distance
29 passenger rail service to or from the surrounding regional
30 municipalities.
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Florida Senate - 2003 SB 686
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1 (5)(4) "Transit Commuter rail facilities" means
2 property, and avenues of access, equipment, or buildings built
3 and installed in Miami-Dade Dade, Broward, and Palm Beach
4 Counties, which are required to support a transit system for
5 commuter rail or fixed guideway systems.
6 (6)(5) "Member" means the individuals constituting the
7 board.
8 (7)(6) "Feeder transit services" means a transit
9 system that transports fixed guideway or bus service to
10 transport passengers to or from rail stations within or across
11 counties.
12 Section 3. Section 343.53, Florida Statutes, is
13 amended to read:
14 343.53 South Florida Regional Transportation
15 Tri-County Commuter Rail Authority.--
16 (1) There is created and established a body politic
17 and corporate, an agency of the state, to be known as the
18 "South Florida Regional Transportation Tri-County Commuter
19 Rail Authority," hereinafter referred to as the "authority."
20 (2) The governing board of the authority shall consist
21 of nine voting members, as follows:
22 (a) The county commissions of Miami-Dade Dade,
23 Broward, and Palm Beach Counties shall each elect a
24 commissioner as that commission's representative on the board.
25 The commissioner must be a member of the county commission
26 when elected and for the full extent of his or her term.
27 (b) The county commissions of Miami-Dade Dade,
28 Broward, and Palm Beach Counties shall each appoint a citizen
29 member to the board who is not a member of the county
30 commission but who is a resident of the county from which he
31 or she is appointed and a qualified elector of that county.
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Florida Senate - 2003 SB 686
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1 Insofar as practicable, the citizen member shall represent the
2 business and civic interests of the community.
3 (c) The secretary of the Department of Transportation
4 shall appoint one of the district secretaries, or his or her
5 designee, for the districts within which the area served by
6 the South Florida Regional Transportation Authority tri-county
7 rail is located.
8 (d) The other eight members of the board shall elect,
9 by a simple majority vote, an at-large member who is a
10 resident and qualified elector in the area served by the
11 South Florida Regional Transportation Authority tri-county
12 rail.
13 (e) The Governor shall appoint one member to the board
14 who is a resident and qualified elector in the area served by
15 the South Florida Regional Transportation Authority tri-county
16 rail.
17 (3) The terms of the county commissioners on the
18 governing board of the authority shall be 2 years. All other
19 members on the governing board of the authority shall be
20 appointed to serve staggered 4-year terms. Each member shall
21 hold office until his or her successor has been appointed.
22 (4) A vacancy during a term shall be filled by the
23 respective appointing authority in the same manner as the
24 original appointment and only for the balance of the unexpired
25 term.
26 (5) The members of the authority shall serve without
27 not be entitled to compensation, but are entitled to
28 reimbursement shall be reimbursed for travel expenses actually
29 incurred in their duties as provided by law.
30 Section 4. Section 343.54, Florida Statutes, is
31 amended to read:
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Florida Senate - 2003 SB 686
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1 343.54 Powers and duties.--
2 (1)(a) The authority created and established by this
3 part shall have the right to own, operate, maintain, and
4 manage a transit commuter rail system in the tri-county area
5 of Broward, Miami-Dade Dade, and Palm Beach Counties,
6 hereinafter referred to as the South Florida Regional
7 Transportation Authority Tri-County Rail.
8 (b) It is the express intention of this part that the
9 authority be authorized to plan, develop, own, purchase,
10 lease, or otherwise acquire, demolish, construct, improve,
11 relocate, equip, repair, maintain, operate, and manage a
12 transit commuter rail system and transit commuter rail
13 facilities; to establish and determine the such policies as
14 may be necessary for the best interest of the operation and
15 promotion of a transit commuter rail system; and to adopt such
16 rules as may be necessary to govern the operation of a transit
17 commuter rail system and transit commuter rail facilities.
18 (2) The authority created in this part herein shall be
19 the successor and assignee of the Tri-County Commuter Rail
20 Authority Organization (TCRO) and shall inherit all rights,
21 assets, agreements, appropriations, privileges, and
22 obligations of the Tri-County Commuter Rail Authority TCRO.
23 (3) The authority may exercise all powers necessary,
24 appurtenant, convenient, or incidental to the carrying out of
25 the aforesaid purposes, including, but not limited to, the
26 following rights and powers:
27 (a) To sue and be sued, implead and be impleaded,
28 complain and defend in all courts in its own name.
29 (b) To adopt and use a corporate seal.
30 (c) To have the power of eminent domain, including the
31 procedural powers granted under chapters 73 and 74.
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1 (d) To acquire, purchase, hold, lease as a lessee, and
2 use any franchise or property, real, personal, or mixed,
3 tangible or intangible, or any interest therein, necessary or
4 desirable for carrying out the purposes of the authority.
5 (e) To sell, convey, exchange, lease, or otherwise
6 dispose of any real or personal property acquired by the
7 authority, including air rights.
8 (f) To fix, alter, establish, and collect rates,
9 fares, fees, rentals, and other charges for the use of any
10 transit commuter rail system or transit facilities owned or
11 operated by the authority.
12 (g) To develop and provide feeder transit services to
13 or from rail stations within or across counties.
14 (h) To adopt bylaws for the regulation of the affairs
15 and the conduct of the business of the authority. The bylaws
16 shall provide for quorum and voting requirements, maintenance
17 of minutes and other official records, and preparation and
18 adoption of an annual budget.
19 (i) To lease, rent, or contract for the operation or
20 management of any part of a transit commuter rail system or
21 transit commuter rail facility, including feeder transit
22 services and concessions. In awarding a contract, the
23 authority shall consider, but is not limited to, the
24 following:
25 1. The qualifications of each applicant.
26 2. The level of service.
27 3. The efficiency, cost, and anticipated revenue.
28 4. The construction, operation, and management plan.
29 5. The financial ability to provide reliable service.
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1 6. The impact on other transportation modes, including
2 the ability to interface with other transportation modes and
3 facilities.
4 (j) To enforce collection of rates, fees, and charges,
5 and to establish and enforce fines and penalties for
6 violations of any rules.
7 (k) To advertise and promote transit commuter rail
8 systems, transit facilities, and activities of the authority.
9 (l) To employ an executive director, attorney, staff,
10 and consultants.
11 (m) To cooperate with other governmental entities and
12 to contract with other governmental agencies, including the
13 Department of Transportation, the Federal Government, regional
14 planning councils, counties, and municipalities.
15 (n) To enter into joint development agreements.
16 (o) To accept funds from other governmental sources,
17 and to accept private donations.
18 (p) To purchase by directly contracting with local,
19 national, or international insurance companies to provide
20 liability insurance which the authority is contractually and
21 legally obligated to provide, the requirements of s.
22 287.022(1), notwithstanding.
23 (4) The authority shall develop and adopt a plan for
24 the operation, maintenance, and expansion of the transit
25 system tri-county commuter rail service. Such plan shall
26 address the authority's plan for the development of public and
27 private revenue sources, and the service to be provided,
28 including expansions of current service which are consistent,
29 to the maximum extent feasible, with approved local government
30 comprehensive plans. The plan shall be reviewed and updated
31 annually.
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1 (5) The authority, by a resolution of its governing
2 board, may expand its service area and enter into a
3 partnership with any county that is contiguous to the service
4 area of the authority. The board shall determine the
5 conditions and terms of the partnership, including the number
6 of representatives of the partnership. However, the authority
7 may not expand its service area without the consent of the
8 board of county commissioners representing the proposed
9 expansion area.
10 Section 5. Section 343.55, Florida Statutes, is
11 amended to read:
12 343.55 Issuance of revenue bonds.--
13 (1) The authority is authorized to borrow money as
14 provided by the State Bond Act for the purpose of paying all
15 or any part of the cost of any one or more Tri-County Rail
16 projects of the South Florida Regional Transportation
17 Authority. The principal of, and the interest on, such bonds
18 shall be payable solely from revenues pledged for their
19 payment.
20 (2) The proceeds of the bonds of each issue shall be
21 used solely for the payment of the cost of the Tri-County Rail
22 projects for which such bonds shall have been issued, except
23 as provided in the State Bond Act. Such proceeds shall be
24 disbursed and used as provided in this part and in such manner
25 and under such restrictions, if any, as the Division of Bond
26 Finance may provide in the resolution authorizing the issuance
27 of such bonds or in the trust agreement securing the same.
28 (3) The Division of Bond Finance is authorized to
29 issue revenue bonds on behalf of the authority to finance or
30 refinance the cost of Tri-County Rail projects.
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Florida Senate - 2003 SB 686
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1 Section 6. Section 343.56, Florida Statutes, is
2 amended to read:
3 343.56 Bonds not debts or pledges of credit of
4 state.--Revenue bonds issued under the provisions of this part
5 are not debts of the state or pledges of the faith and credit
6 of the state. Such bonds are payable exclusively from
7 revenues pledged for their payment. All such bonds shall
8 contain a statement on their face that the state is not
9 obligated to pay the same or the interest thereon, except from
10 the revenues pledged for their payment, and that the faith and
11 credit of the state is not pledged to the payment of the
12 principal or interest of such bonds. The issuance of revenue
13 bonds under the provisions of this part does not directly,
14 indirectly, or contingently obligate the state to levy or to
15 pledge any form of taxation whatsoever, or to make any
16 appropriation for their payment. No state funds shall be used
17 to pay the principal or interest of any bonds issued to
18 finance or refinance any portion of the South Florida Regional
19 Transportation Authority transit Tri-County Rail system, and
20 all such bonds shall contain a statement on their face to this
21 effect. However, federal funds being passed through the
22 department to the South Florida Regional Transportation
23 Authority Tri-County Rail system and those state matching
24 funds required by the United States Department of
25 Transportation as a condition of federal funding may be used
26 to pay principal and interest of any bonds issued.
27 Section 7. Section 343.57, Florida Statutes, is
28 amended to read:
29 343.57 Pledge to bondholders not to restrict certain
30 rights of authority.--The state pledges to and agrees with the
31 holders of the bonds issued pursuant to this part that the
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1 state will not limit or restrict the rights vested in the
2 authority to construct, reconstruct, maintain, and operate any
3 Tri-County Rail project as defined in this part, to establish
4 and collect such fees or other charges as may be convenient or
5 necessary to produce sufficient revenues to meet the expenses
6 of maintenance and operation of the Tri-County Rail system,
7 and to fulfill the terms of any agreements made with the
8 holders of bonds authorized by this part. The state further
9 pledges that it will not in any way impair the rights or
10 remedies of the holders of such bonds until the bonds,
11 together with interest thereon, are fully paid and discharged.
12 Section 8. Section 343.58, Florida Statutes, is
13 created to read:
14 343.58 License user fee.--The Legislature authorizes
15 the levy of an annual license user fee in the amount of $2 for
16 the registration or renewal of registration of each vehicle
17 taxed under s. 320.08 and registered in the area served by the
18 South Florida Regional Transportation Authority. The annual
19 license user fee shall take effect in the area served by the
20 authority upon approval by a vote of at least a majority plus
21 one of the members of the governing body of each of the
22 counties served by the authority. Following approval by the
23 governing body of each of the counties served by the
24 authority, the fee shall be levied and the Department of
25 Highway Safety and Motor Vehicles shall remit the proceeds
26 each month from the license user fee to the South Florida
27 Regional Transportation Authority. If the governing body of
28 one or more of the counties fails to approve the levy of the
29 annual license user fee, the fee may not be imposed within any
30 county served by the South Florida Regional Transportation
31 Authority.
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Florida Senate - 2003 SB 686
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1 Section 9. This act shall take effect July 1, 2003.
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4 SENATE SUMMARY
5 Renames the Tri-County Commuter Rail Authority as the
South Florida Regional Transportation Authority. Provides
6 for the authority to plan and operate a transit system
within Miami-Dade, Broward, and Palm Beach Counties.
7 Authorizes the authority to expand its service area into
adjoining counties with the consent of the board of
8 county commissioners. Authorizes an annual license user
fee for vehicles registered within the area served by the
9 authority if the fee is approved by at least a majority
plus one of the members of the governing body of each of
10 the counties served by the authority. (See bill for
details.)
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