HB 0855 2003
1	A bill to be entitled
2	An act relating to the Florida High-Speed Rail Authority;
3	amending s. 341.840, F.S.; providing that the tax
4	exemption granted the authority shall not apply to any
5	associated development or to income, sales, or other
6	taxable transactions related to any associated
7	development; amending s. 288.281, F.S.; authorizing the
8	Division of Bond Finance of the State Board of
9	Administration to issue bonds for road and bridge
10	construction necessary for the implementation of the high-
11	speed rail system; creating s. 341.843, F.S.; requiring
12	specified contractors to provide surety bonds; providing
13	requirements with respect to such bonds; creating s.
14	341.844, F.S.; authorizing the Division of Bond Finance
15	to issue revenue bonds for and on behalf of the authority
16	for the purpose of financing or refinancing the
17	construction, reconstruction, and improvement of the high-
18	speed rail system; amending s. 341.830, F.S.; providing
19	that procurement by the authority of any person or entity
20	to provide professional services shall be in accordance
21	with the Consultants' Competitive Negotiation Act;
22	providing an appropriation; creating s. 341.825, F.S.;
23	requiring the Department of Transportation to include a
24	request for specified expenditures to be provided to the
25	Florida High-Speed Rail Authority in its annual
26	legislative budget requests for a specified period;
27	providing requirements with respect to such budget
28	requests and sources of appropriations; creating s.
29	341.826, F.S.; providing for the assignment, pledging, or
30	setting aside of such funds as a trust for the payment of
31	principal or interest on bonds issued by the authority;
32	providing for two full-time equivalent positions;
33	providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Section 341.840, Florida Statutes, is amended
38	to read:
39	341.840 Tax exemption.--The exercise of the powers granted
40	by this act will be in all respects for the benefit of the
41	people of this state, for the increase of their commerce,
42	welfare, and prosperity, and for the improvement of their health
43	and living conditions, and as the design, building, operation,
44	maintenance, and financing of a system by the authority or its
45	agent or the owner or lessee thereof, as herein authorized,
46	constitutes the performance of an essential public function,
47	neither the authority, its agent, nor the owner of such system
48	shall be required to pay any taxes or assessments upon or in
49	respect to the system or any property acquired or used by the
50	authority, its agent, or such owner under the provisions of this
51	act or upon the income therefrom, any security therefor, their
52	transfer, and the income therefrom, including any profit made on
53	the sale thereof, shall at all times be free from taxation of
54	every kind by the state, the counties, and the municipalities
55	and other political subdivisions in the state, provided,
56	however, that the tax exemption pursuant to this section shall
57	not apply to any associated development or to income, sales, or
58	other taxable transactions related to any associated
59	development.
60	Section 2. Section 288.281, Florida Statutes, is amended
61	to read:
62	288.281 Financing construction or acquisition of roads and
63	bridges; additional method.--
64	(1) Upon request of any county, any road or bridge
65	district, or any authority, evidenced by a resolution duly
66	adopted by the governing body thereof, the Division of Bond
67	Finance of the State Board of Administration is authorized and
68	empowered to issue and sell interest-bearing bonds, notes, or
69	certificates in its own name for and on behalf of said county,
70	road or bridge district, or authority, for the purpose of
71	financing the construction of roads or bridges within the
72	county, district, or authority, or the acquisition of rights-of-
73	way for such roads. The governing body of the county, district,
74	or authority may request in said resolution that the division
75	construct or acquire said project by and through its statutory
76	agent, the Department of Transportation.
77	(2) Any county, road or bridge district, or authority
78	making application to the Division of Bond Finance pursuant to
79	this section may prescribe the terms, conditions, and
80	limitations under which said bonds, notes, or certificates shall
81	be issued and sold and the proceeds of the sale of said bonds,
82	notes, and certificates shall be applied.
83	(3) Any bonds, notes, or certificates issued by the
84	division pursuant to this section may be secured by and payable
85	as to both principal and interest, in whole or in part, from the
86	20-percent surplus gasoline tax funds accruing under the
87	provisions of s. 9, Art. XII of the State Constitution, tolls or
88	other revenue derived from the operation of the project, or ad
89	valorem taxes or any combination thereof that may be legally
90	available to said county, road or bridge district, or authority.
91	If authorized by the Department of Transportation bonds, notes,
92	or certificates may be additionally secured by and payable as to
93	both principal and interest from legally available 80-percent
94	surplus gasoline tax funds accruing to the Department of
95	Transportation under the provisions of s. 9, Art. XII of the
96	State Constitution.
97	(4) This section is intended to be cumulative of other
98	powers granted to the Division of Bond Finance, the Department
99	of Transportation, the counties, districts, and authorities
100	under other provisions of law and is not intended to repeal,
101	abrogate, or modify any such provisions.
102	(5) The Division of Bond Finance is authorized, at the
103	request of the Florida High-Speed Rail Authority, to issue bonds
104	pursuant to this section for road and bridge construction
105	necessary for the implementation of a high-speed rail system as
106	defined in s. 341.8203, with such bonds to be repaid from
107	pledged revenues of the authority.
108	Section 3. Section 341.843, Florida Statutes, is created
109	to read:
110	341.843 Surety bond; requirement with respect to high-
111	speed rail system.--
112	(1) The authority shall require, upon entering into a DBOM
113	or DBOM & F contract, that the contractor provide a performance
114	and payment bond in an amount determined by the authority.
115	(2) Prior to commencing any construction work by the DBOM
116	or DBOM & F contractor, the authority shall require that the
117	contractor provide to the authority a payment and performance
118	bond that covers 100 percent of the costs of the construction,
119	provided, however, that if such level of surety is not
120	commercially available, the authority, notwithstanding ss.
121	255.05 and 337.18, may require a monetary surety amount of less
122	than 100 percent of such costs or may authorize that surety
123	bonds be provided on a phased basis.
124	(3) The surety on such bonds shall be from a surety
125	company authorized to do business in the state. All bonds shall
126	be payable to the authority and conditioned on the prompt,
127	faithful, and efficient performance of the contract according to
128	plans and specifications and within the time period specified
129	and further conditioned on the prompt payment of all persons
130	furnishing labor, materials, equipment, and supplies therefor.
131	(4) The bond requirement of subsection (2) may be
132	substantially in the form provided in s. 255.05(3).
133	Section 4. Section 341.844, Florida Statutes, is created
134	to read:
135	341.844 Revenue bonds; project financing.--Upon the
136	request of the Florida High-Speed Rail Authority, the Division
137	of Bond Finance is authorized pursuant to s. 11, Art. VII of the
138	State Constitution and the State Bond Act to issue revenue bonds
139	for and on behalf of the Florida High-Speed Rail Authority for
140	the purpose of financing or refinancing the construction,
141	reconstruction, and improvement of a high-speed rail system.
142	Bonds issued pursuant to this section shall be payable from the
143	revenues of the high-speed rail system or other revenues of the
144	authority, including funds appropriated for the authority.
145	Section 5. Section 341.830, Florida Statutes, is amended
146	to read:
147	341.830 Procurement.--
148	(1) The authority may employ procurement methods under
149	chapters 255, 287, and 337 and under any rule adopted under such
150	chapters. To enhance the effective and efficient operation of
151	the authority, and to enhance the ability of the authority to
152	use best business practices, the authority may, pursuant to ss.
153	120.536(1) and 120.54, adopt rules for and employ procurement
154	methods available to the private sector.
155	(2) The authority is authorized to procure commodities and
156	the services of a qualified person or entity to design, build,
157	finance, operate, maintain, and implement a high-speed rail
158	system, including the use of a DBOM or DBOM & F method using
159	a request for proposal, a request for qualifications, or an
160	invitation to negotiate.
161	(3) Notwithstanding any provision of this act to the
162	contrary, procurement of any person or entity to provide any
163	professional services as defined in s. 287.055(2)(a) shall be in
164	accordance with the provisions of s. 287.055.
165	Section 6. There is appropriated from funds within the
166	State Transportation Trust Fund designated for the
167	Transportation Outreach Program (TOP) by s. 339.137, Florida
168	Statutes, to the Florida High-Speed Rail Authority the sum of
169	$75 million for fiscal year 2003-2004 to assist in the
170	implementation of the construction of the high-speed rail system
171	as defined in s. 341.8203(6). In the event funds designated for
172	the Transportation Outreach Program are insufficient to meet the
173	total appropriation, the maximum available funds shall be
174	appropriated from the Transportation Outreach Program and
175	additional funds equal to the amount of the insufficiency shall
176	be appropriated from funds within the State Transportation Trust
177	Fund for public transportation projects in accordance with
178	chapter 341, Florida Statutes, as provided in s. 206.46(3),
179	Florida Statutes, to the Florida High-Speed Rail Authority for
180	the purposes set forth in this section. In the event that s.
181	339.137, Florida Statutes, is repealed, the funds described in
182	this section shall be appropriated from funds within the State
183	Transportation Trust Fund committed by the Department of
184	Transportation for public transportation projects in accordance
185	with chapter 341, Florida Statutes, as provided in s. 206.46(3),
186	Florida Statutes, to the Florida High-Speed Rail Authority for
187	the purposes set forth in this section.
188	Section 7. Section 341.825, Florida Statutes, is created
189	to read:
190	341.825 Annual legislative budget requests.--Commencing
191	with fiscal year 2004-2005 and for the following 28 fiscal
192	years, the Department of Transportation shall include in its
193	annual legislative budget request an expenditure of not less
194	than $75 million to be provided by the Department of
195	Transportation to the Florida High-Speed Rail Authority created
196	by s. 341.821. Such budget shall include funding for projects
197	approved by the authority that are determined by the authority
198	to be in furtherance of the construction of the high-speed rail
199	system as defined in s. 341.8203(6). The funds described in this
200	section shall be appropriated from funds within the State
201	Transportation Trust Fund designated for the Transportation
202	Outreach Program by s. 339.137 to the Florida High-Speed Rail
203	Authority. In the event funds designated for the Transportation
204	Outreach Program are insufficient to meet the total
205	appropriation, the maximum available funds shall be appropriated
206	from the Transportation Outreach Program and additional funds
207	equal to the amount of the insufficiency shall be appropriated
208	from funds within the State Transportation Trust Fund for public
209	transportation projects in accordance with chapter 341, as
210	provided in s. 206.46(3), to the Florida High-Speed Rail
211	Authority for the purposes set forth in this section. In the
212	event that s. 339.137 is repealed, the funds described in this
213	section shall be appropriated from funds within the State
214	Transportation Trust Fund committed by the Department of
215	Transportation for public transportation projects in accordance
216	with chapter 341, as provided in s. 206.46(3), to the Florida
217	High-Speed Rail Authority for the purposes set forth in this
218	section.
219	Section 8. Section 341.826, Florida Statutes, is created
220	to read:
221	341.826 Pledging of funds.--Funds allocated pursuant to
222	this act may be assigned, pledged, or set aside as a trust for
223	the payment of principal or interest on revenue bonds, notes, or
224	other forms of indebtedness issued by the Florida High-Speed
225	Rail Authority or on its behalf by the Division of Bond Finance;
226	however, such debt shall not constitute a general obligation of
227	the State of Florida. The state does hereby covenant with
228	holders of such revenue bonds or such other instruments of
229	indebtedness issued hereunder that it will not repeal, impair,
230	or amend in any manner the appropriation of such funds that
231	would materially or adversely affect the rights of such holders,
232	so long as bonds authorized hereby are outstanding.
233	Section 9. Two full-time equivalent positions for an
234	executive director and an assistant to the executive director
235	are hereby created and authorized for the Florida High Speed
236	Rail Authority.
237	Section 10. This act shall take effect July 1, 2003.