Senate Bill sb0686c2

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    Florida Senate - 2003                     CS for CS for SB 686

    By the Committees on Comprehensive Planning; Transportation;
    and Senators Geller, Klein, Villalobos, Dawson, Margolis,
    Wasserman Schultz, Campbell and Bullard



    316-2463-03

  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.; disbanding the Tri-County

  6         Commuter Rail Authority and redesignating it as

  7         the South Florida Regional Transportation

  8         Authority; providing for a governing board of

  9         the authority; amending s. 343.54, F.S.;

10         revising powers and duties of the authority

11         with respect to planning and operating a

12         transit system within a specified area of the

13         state; requiring that the authority obtain

14         consent prior to operating an existing system

15         owned by another entity; authorizing the

16         authority to expand its service area into

17         counties contiguous to the service area of the

18         authority under certain circumstances;

19         providing employee rights; continuing the

20         rights of employees to be represented by

21         exclusive representatives; providing funding

22         requirements; amending ss. 343.55, 343.56,

23         343.57, F.S.; providing for the authority to

24         issue and pay revenue bonds; providing that the

25         bonds are not debts or pledges of credit of the

26         state; creating s. 343.58, F.S.; providing for

27         dedicated funding from the counties served by

28         the South Florida Regional Transportation

29         Authority; specifying the amount of continuing

30         funding required; providing a statement of

31  

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 1         important state interest; providing an

 2         effective date.

 3  

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

 5  

 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.

31  

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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)  Effective July 1, 2003, the Tri-County Commuter

21  Rail Authority shall be discontinued. The governing board of

22  the South Florida Regional Transportation Authority authority

23  shall consist of nine voting members, as follows:

24         (a)  The county commissions of Miami-Dade Dade,

25  Broward, and Palm Beach Counties shall each elect a

26  commissioner as that commission's representative on the board.

27  The commissioner must be a member of the county commission

28  when elected and for the full extent of his or her term.

29         (b)  The county commissions of Miami-Dade Dade,

30  Broward, and Palm Beach Counties shall each appoint a citizen

31  member to the board who is not a member of the county

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 1  commission but who is a resident of the county from which he

 2  or she is appointed and a qualified elector of that county.

 3  Insofar as practicable, the citizen member shall represent the

 4  business and civic interests of the community.

 5         (c)  The secretary of the Department of Transportation

 6  shall appoint one of the district secretaries, or his or her

 7  designee, for the districts within which the area served by

 8  the South Florida Regional Transportation Authority tri-county

 9  rail is located. The secretary of the Department of

10  Transportation shall make his or her appointment within 30

11  days after July 30, 2003.

12         (d)  The Governor shall appoint two members to the

13  board who are residents and qualified electors in the area

14  served by the South Florida Regional Transportation Authority.

15  The Governor shall make his or her appointments within 30 days

16  after July 30, 2003.

17         (e)  The board members appointed under paragraphs (c)

18  and (d) may not be residents of the same county. The

19  residential requirement applies only at the time of the

20  initial appointment.

21         (3)  The terms of members of the governing board of the

22  authority shall be appointed to 4-year staggered terms, except

23  that the terms of the appointees of the Governor shall be

24  concurrent.

25         (d)  The other eight members of the board shall elect,

26  by a simple majority vote, an at-large member who is a

27  resident and qualified elector in the area served by the

28  tri-county rail.

29         (e)  The Governor shall appoint one member to the board

30  who is a resident and qualified elector in the area served by

31  the tri-county rail.

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 1         (3)  The terms of the county commissioners on the

 2  governing board of the authority shall be 2 years.  All other

 3  members on the governing board of the authority shall serve

 4  staggered 4-year terms.  Each member shall hold office until

 5  his or her successor has been appointed.

 6         (4)  A vacancy during a term shall be filled by the

 7  respective appointing authority in the same manner as the

 8  original appointment and only for the balance of the unexpired

 9  term.

10         (5)  The members of the authority shall serve without

11  not be entitled to compensation, but are entitled to

12  reimbursement shall be reimbursed for travel expenses actually

13  incurred in their duties as provided by law.

14         Section 4.  Section 343.54, Florida Statutes, is

15  amended to read:

16         343.54  Powers and duties.--

17         (1)(a)  The authority created and established by this

18  part shall have the right to own, operate, maintain, and

19  manage a transit commuter rail system in the tri-county area

20  of Broward, Miami-Dade Dade, and Palm Beach Counties,

21  hereinafter referred to as the South Florida Regional

22  Transportation Authority Tri-County Rail.

23         (b)  It is the express intention of this part that the

24  authority be authorized to plan, develop, own, purchase,

25  lease, or otherwise acquire, demolish, construct, improve,

26  relocate, equip, repair, maintain, operate, and manage a

27  transit commuter rail system and transit commuter rail

28  facilities; to establish and determine the such policies as

29  may be necessary for the best interest of the operation and

30  promotion of a transit commuter rail system; and to adopt such

31  rules as may be necessary to govern the operation of a transit

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    Florida Senate - 2003                     CS for CS for SB 686
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 1  commuter rail system and transit commuter rail facilities. It

 2  is the intent of the Legislature that the South Florida

 3  Regional Transportation Authority shall have overall authority

 4  to coordinate, develop, and operate a regional transportation

 5  system within the area served.

 6         (c)  Notwithstanding subsection (3), the South Florida

 7  Regional Transportation Authority may not exercise the powers

 8  in paragraph (b) with respect to an existing system for

 9  transporting people and goods by any means which is owned by

10  another entity without the consent of that entity. However,

11  this paragraph does not preclude the South Florida Regional

12  Transportation Authority from having the primary

13  responsibility to develop and coordinate the transportation

14  systems within the service area of the South Florida Regional

15  Transportation Authority.

16         (d)  The authority shall inherit all rights, assets,

17  agreements, appropriations, privileges, and obligations of all

18  transit agencies in Miami-Dade, Broward, and Palm Beach

19  Counties upon approval of the respective governing bodies.

20         (e)  If the authority acquires, purchases, operates,

21  condemns, or inherits an existing transit system, the

22  authority shall guarantee the rights, privileges, benefits,

23  and other employee protective conditions and remedies as

24  provided in 49 U.S.C. 5333(b), and arrangements made

25  thereunder, shall apply to transit employees affected by

26  action of the authority authorized under this act.

27  Notwithstanding any other provision of law, no action of the

28  authority shall affect the rights of existing transit

29  employees to be represented by their exclusive representatives

30  under certifications issued pursuant to s. 447.307, as of July

31  1, 2003.

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 1         (2)  The authority created in this part herein shall be

 2  the successor and assignee of the Tri-County Commuter Rail

 3  Authority Organization (TCRO) and shall inherit all rights,

 4  assets, agreements, appropriations, privileges, and

 5  obligations of the Tri-County Commuter Rail Authority TCRO.

 6         (3)  The authority may exercise all powers necessary,

 7  appurtenant, convenient, or incidental to the carrying out of

 8  the aforesaid purposes, including, but not limited to, the

 9  following rights and powers:

10         (a)  To sue and be sued, implead and be impleaded,

11  complain and defend in all courts in its own name.

12         (b)  To adopt and use a corporate seal.

13         (c)  To have the power of eminent domain, including the

14  procedural powers granted under chapters 73 and 74.

15         (d)  To acquire, purchase, hold, lease as a lessee, and

16  use any franchise or property, real, personal, or mixed,

17  tangible or intangible, or any interest therein, necessary or

18  desirable for carrying out the purposes of the authority.

19         (e)  To sell, convey, exchange, lease, or otherwise

20  dispose of any real or personal property acquired by the

21  authority, including air rights.

22         (f)  To fix, alter, establish, and collect rates,

23  fares, fees, rentals, and other charges for the use of any

24  transit commuter rail system or transit facilities owned or

25  operated by the authority.

26         (g)  To develop and provide feeder transit services to

27  or from rail stations within or across counties.

28         (h)  To adopt bylaws for the regulation of the affairs

29  and the conduct of the business of the authority.  The bylaws

30  shall provide for quorum and voting requirements, maintenance

31  

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 1  of minutes and other official records, and preparation and

 2  adoption of an annual budget.

 3         (i)  To lease, rent, or contract for the operation or

 4  management of any part of a transit commuter rail system or

 5  transit commuter rail facility, including feeder transit

 6  services and concessions.  In awarding a contract, the

 7  authority shall consider, but is not limited to, the

 8  following:

 9         1.  The qualifications of each applicant.

10         2.  The level of service.

11         3.  The efficiency, cost, and anticipated revenue.

12         4.  The construction, operation, and management plan.

13         5.  The financial ability to provide reliable service.

14         6.  The impact on other transportation modes, including

15  the ability to interface with other transportation modes and

16  facilities.

17         (j)  To enforce collection of rates, fees, and charges,

18  and to establish and enforce fines and penalties for

19  violations of any rules.

20         (k)  To advertise and promote transit commuter rail

21  systems, transit facilities, and activities of the authority.

22         (l)  To employ an executive director, attorney, staff,

23  and consultants.

24         (m)  To cooperate with other governmental entities and

25  to contract with other governmental agencies, including the

26  Department of Transportation, the Federal Government, regional

27  planning councils, counties, and municipalities.

28         (n)  To enter into joint development agreements.

29         (o)  To accept funds from other governmental sources,

30  and to accept private donations.

31  

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 1         (p)  To purchase by directly contracting with local,

 2  national, or international insurance companies to provide

 3  liability insurance which the authority is contractually and

 4  legally obligated to provide, the requirements of s.

 5  287.022(1), notwithstanding.

 6         (4)  The authority shall develop and adopt a plan for

 7  the operation, maintenance, and expansion of the transit

 8  system tri-county commuter rail service.  Such plan shall

 9  address the authority's plan for the development of public and

10  private revenue sources, and the service to be provided,

11  including expansions of current service which are consistent,

12  to the maximum extent feasible, with approved local government

13  comprehensive plans.  The plan shall be reviewed and updated

14  annually.

15         (5)  The authority, by a resolution of its governing

16  board, may expand its service area and enter into a

17  partnership with any county that is contiguous to the service

18  area of the authority. The board shall determine the

19  conditions and terms of the partnership, including the number

20  of representatives of the partnership. However, the authority

21  may not expand its service area without the consent of the

22  board of county commissioners representing the proposed

23  expansion area. A county contiguous to the service area of the

24  authority may enter into a partnership with the authority only

25  upon contributing an equal share of funding in time to qualify

26  for federal funding through the reauthorization of the federal

27  transportation act and only in the year that federal

28  reauthorization legislation for transportation funds is

29  enacted.

30         Section 5.  Section 343.55, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2003                     CS for CS for SB 686
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 1         343.55  Issuance of revenue bonds.--

 2         (1)  The authority is authorized to borrow money as

 3  provided by the State Bond Act for the purpose of paying all

 4  or any part of the cost of any one or more Tri-County Rail

 5  projects of the South Florida Regional Transportation

 6  Authority. The principal of, and the interest on, such bonds

 7  shall be payable solely from revenues pledged for their

 8  payment.

 9         (2)  The proceeds of the bonds of each issue shall be

10  used solely for the payment of the cost of the Tri-County Rail

11  projects for which such bonds shall have been issued, except

12  as provided in the State Bond Act.  Such proceeds shall be

13  disbursed and used as provided in this part and in such manner

14  and under such restrictions, if any, as the Division of Bond

15  Finance may provide in the resolution authorizing the issuance

16  of such bonds or in the trust agreement securing the same.

17         (3)  The Division of Bond Finance is authorized to

18  issue revenue bonds on behalf of the authority to finance or

19  refinance the cost of Tri-County Rail projects.

20         Section 6.  Section 343.56, Florida Statutes, is

21  amended to read:

22         343.56  Bonds not debts or pledges of credit of

23  state.--Revenue bonds issued under the provisions of this part

24  are not debts of the state or pledges of the faith and credit

25  of the state.  Such bonds are payable exclusively from

26  revenues pledged for their payment.  All such bonds shall

27  contain a statement on their face that the state is not

28  obligated to pay the same or the interest thereon, except from

29  the revenues pledged for their payment, and that the faith and

30  credit of the state is not pledged to the payment of the

31  principal or interest of such bonds. The issuance of revenue

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 1  bonds under the provisions of this part does not directly,

 2  indirectly, or contingently obligate the state to levy or to

 3  pledge any form of taxation whatsoever, or to make any

 4  appropriation for their payment.  No state funds shall be used

 5  to pay the principal or interest of any bonds issued to

 6  finance or refinance any portion of the South Florida Regional

 7  Transportation Authority transit Tri-County Rail system, and

 8  all such bonds shall contain a statement on their face to this

 9  effect. However, federal funds being passed through the

10  department to the South Florida Regional Transportation

11  Authority Tri-County Rail system and those state matching

12  funds required by the United States Department of

13  Transportation as a condition of federal funding may be used

14  to pay principal and interest of any bonds issued.

15         Section 7.  Section 343.57, Florida Statutes, is

16  amended to read:

17         343.57  Pledge to bondholders not to restrict certain

18  rights of authority.--The state pledges to and agrees with the

19  holders of the bonds issued pursuant to this part that the

20  state will not limit or restrict the rights vested in the

21  authority to construct, reconstruct, maintain, and operate any

22  Tri-County Rail project as defined in this part, to establish

23  and collect such fees or other charges as may be convenient or

24  necessary to produce sufficient revenues to meet the expenses

25  of maintenance and operation of the Tri-County Rail system,

26  and to fulfill the terms of any agreements made with the

27  holders of bonds authorized by this part.  The state further

28  pledges that it will not in any way impair the rights or

29  remedies of the holders of such bonds until the bonds,

30  together with interest thereon, are fully paid and discharged.

31  

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 1         Section 8.  Section 343.58, Florida Statutes, is

 2  created to read:

 3         343.58  Dedicated funding.--Each county served by the

 4  South Florida Regional Transportation Authority must dedicate

 5  $2.67 million to the authority annually for as long as

 6  obligated to secure federal funding. The $2.67 million must be

 7  dedicated by the governing bodies by August 1, 2003.

 8  Notwithstanding ss. 206.41 and 206.87, such dedicated funding

 9  may come from each county's share of the ninth-cent fuel tax,

10  the county local option fuel tax, or any other source of local

11  gas taxes or other nonfederal funds available to the counties.

12  In addition, each county shall continue to fund annually the

13  operations of the South Florida Regional Transportation

14  Authority at an amount not less than $1.565 million. Such

15  funds shall also be considered a dedicated funding source and

16  must come from nonfederal funds.

17         Section 9.  The Legislature finds that a proper and

18  legitimate state purpose is served in the effective and

19  efficient planning and operation of a regional transportation

20  system. The persons served by the regional transportation

21  system must be provided a system that is managed,

22  administered, and funded in an actuarially sound manner as

23  required by Section 14, Article X of the State Constitution,

24  and part VII of chapter 112, Florida Statutes. Therefore, the

25  Legislature determines and declares that this act fulfills an

26  important state interest.

27         Section 10.  This act shall take effect July 1, 2003.

28  

29  

30  

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    Florida Senate - 2003                     CS for CS for SB 686
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 686

 3                                 

 4  This CS differs from the CS in the following ways:

 5  *    Eliminates the 'at-large' commissioner and increases from
         one to two the number of appointees by the Governor;
 6  
    *    Increases the term, from two to four years, of county
 7       commissioners on the authority;

 8  *    Includes intent language, specifying that the authority
         "shall have overall authority to coordinate, develop, and
 9       operate a regional transportation system within the area
         served";Requires the authority to obtain the consent of
10       exiting transportation entities before assuming primary
         responsibility for such services; and provides that the
11       authority will inherit all rights, assets, agreements,
         appropriations, privileges, and obligations of such
12       transit authorities upon approval of the respective
         governing bodies;
13  
    *    Removes  the county option to not fund the authority, and
14       requires counties to continue to annually fund the
         authority; and
15  
    *    contains declare that this act fulfills an important
16       state interest.

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