Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 462
                        Barcode 701646
                            CHAMBER ACTION
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11  The Committee on Transportation (Sebesta) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 341.8201, Florida Statutes, is
19  amended to read:
20         341.8201  Short title.--Sections 341.8201-341.842 may
21  be cited as the "Florida High-Speed Rail Authority Act."
22         Section 2.  Section 341.8202, Florida Statutes, is
23  amended to read:
24         341.8202  Legislative findings, policy, purpose, and
25  intent.--
26         (1)  The intent of this act is to implement the purpose
27  of s. 19, Art. X of the State Constitution, which directs the
28  Legislature, the Cabinet and the Governor to proceed with the
29  development, either by the state or an approved private
30  entity, of a high-speed monorail, fixed guideway, or magnetic
31  levitation system, capable of speeds in excess of 120 miles
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 per hour. The development of such a system, which will link 2 Florida's five largest urban areas as defined in this act, 3 includes acquisition of right-of-way and the financing of 4 design and construction with construction beginning on or 5 before November 1, 2003. Further, This act promotes the 6 various growth management and environmental protection laws 7 enacted by the Legislature and encourages and enhances the 8 establishment of a state high-speed rail system. The 9 Legislature further finds that: 10 (a) The coordination implementation of the various a 11 high-speed rail systems system in the state will result in 12 overall social and environmental benefits, improvements in 13 ambient air quality, better protection of water quality, 14 greater preservation of wildlife habitat, less use of open 15 space, and enhanced conservation of natural resources and 16 energy. 17 (b) A state high-speed rail system, when developed in 18 conjunction with sound land use planning, becomes an integral 19 part in achieving growth management goals and encourages the 20 use of public transportation to augment and implement land use 21 and growth management goals and objectives. 22 (c) Development and utilization of a properly 23 designed, constructed, and financed high-speed rail system and 24 associated development can act as a catalyst for economic 25 growth and development, mitigate unduly long and 26 traffic-congested commutes for day-to-day commuters, create 27 new employment opportunities, serve as a positive growth 28 management system for building a better and more 29 environmentally secure state, and serve a paramount public 30 purpose by promoting the health, safety, and welfare of the 31 citizens of the state. 2 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 (d) Transportation benefits of a state high-speed rail 2 system include improved travel times and more reliable travel, 3 which will increase productivity and energy efficiency in the 4 state. 5 (2) The Legislature further finds that: 6 (a) Access to timely and efficient modes of passenger 7 transportation is necessary for travelers, visitors, and 8 day-to-day commuters, to the quality of life in the state, and 9 to the economy of the state. 10 (b) Technological advances in the state's 11 transportation system can significantly and positively affect 12 the ability of the state to attract and provide efficient 13 services for domestic and international tourists and therefore 14 increase revenue of the state. 15 (c) The geography of the state is suitable for the 16 construction and efficient operation of a state high-speed 17 rail system. 18 (d) The public use of the state high-speed rail system 19 must be encouraged and assured in order to achieve the public 20 purpose and objectives set forth in this act. In order to 21 encourage the public use of the high-speed rail system and to 22 protect the public investment in the system, it is necessary 23 to provide an environment surrounding each high-speed rail 24 station which will allow the development of associated 25 development for the purpose of creating revenue in support of 26 and for the high-speed rail system, enhance the safe movement 27 of pedestrians and traffic into and out of the area, ensure 28 the personal safety of high-speed rail system and related 29 facility users and their personal property while the users are 30 in the area of each station, and eliminate all conditions in 31 the vicinity which constitute economic and social impediments 3 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 and barriers to the use of the high-speed rail system and 2 associated development. 3 (e) Areas surrounding certain proposed high-speed rail 4 stations can, as a result of existing conditions, crime, and 5 traffic congestion, pose a serious threat to the use of the 6 high-speed rail system, reduce revenue from users, discourage 7 pedestrian and traffic ingress and egress, retard sound growth 8 and development, impair public investment, and consume an 9 excessive amount of public revenues in the employment of 10 police and other forms of public protection to adequately 11 safeguard the high-speed rail system and its users. Such areas 12 may require redevelopment, acquisition, clearance, or 13 disposition, or joint public and private development to 14 provide parking facilities, retail establishments, 15 restaurants, hotels, or office facilities associated with or 16 ancillary to the high-speed rail system and rail stations and 17 to otherwise provide for an environment that will encourage 18 the use of, and safeguard, the system. 19 (e)(f) The powers conferred by this act are for public 20 uses and purposes as established by s. 19, Art. X of the State 21 Constitution for which public funds may be expended, and the 22 necessity in the public interest for the provisions of this 23 act herein enacted is hereby declared as a matter of 24 legislative determination to implement the intent of s. 19, 25 Art. X of the State Constitution. 26 (f)(g) Urban and social benefits include 27 revitalization of economically depressed areas, the 28 redirection of growth in a carefully and comprehensively 29 planned manner, and the creation of numerous employment 30 opportunities within inner-city areas. 31 (g)(h) The provisions of contained in this act are a 4 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 declaration of legislative intent that the state develop a 2 coordinated high-speed rail system to help solve 3 transportation problems and eliminate their negative effect on 4 the public citizens of this state, and therefore serves a 5 public purpose. 6 (h)(i) Joint development is a necessary planning, 7 financing, management, operation, and construction mechanism 8 to ensure the continued future development of an efficient and 9 economically viable high-speed rail system in this state. 10 (3) It is the intent of the Legislature to authorize 11 the authority to implement innovative mechanisms required to 12 effect the joint public-private venture approach to planning, 13 locating, permitting, managing, financing, constructing, 14 operating, and maintaining a high-speed rail system for the 15 state, including providing incentives for revenue generation, 16 operation, construction, and management by the private sector. 17 Section 3. Section 341.8203, Florida Statutes, is 18 amended to read: 19 341.8203 Definitions.--As used in this act, unless the 20 context clearly indicates otherwise, the term: 21 (1) "Associated development" means property, 22 equipment, buildings, or other ancillary facilities which are 23 built, installed, or established to provide financing, 24 funding, or revenues for the planning, building, managing, and 25 operation of a high-speed rail system and which are associated 26 with or part of the rail stations. The term includes property, 27 including air rights, necessary for joint development, such as 28 parking facilities, retail establishments, restaurants, 29 hotels, offices, or other commercial, civic, residential, or 30 support facilities, and may also include property necessary to 31 protect or preserve the rail station area by reducing urban 5 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 blight or traffic congestion or property necessary to 2 accomplish any of the purposes set forth in this subsection 3 which are reasonably anticipated or necessary. 4 (2) "Authority" means the Florida High-Speed Rail 5 Authority and its agents. However, for purposes of s. 341.840, 6 the term does not include any agent of the authority except as 7 provided in that section. 8 (3) "Central Florida" means the counties of Lake, 9 Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard, 10 Hernando, Pasco, Hillsborough, Pinellas, and Polk. 11 (3)(4) "DBOM contract" means the document and all 12 concomitant rights approved by the authority providing the 13 selected person or entity the exclusive right to design, 14 build, operate, and maintain a high-speed rail system. 15 (4)(5) "DBOM & F contract" means the document and all 16 concomitant rights approved by the authority providing the 17 selected person or entity the exclusive right to design, 18 build, operate, maintain, and finance a high-speed rail 19 system. 20 (5)(6) "High-speed Rail system" means any high-speed 21 fixed guideway system for transporting people or goods, which 22 system is capable of operating at speeds in excess of 120 23 miles per hour, including, but not limited to, a monorail 24 system, dual track rail system, suspended rail system, 25 magnetic levitation system, pneumatic repulsion system, or 26 other system approved by the authority. The term includes a 27 corridor and structures essential to the operation of the 28 line, including the land, structures, improvements, 29 rights-of-way, easements, rail lines, rail beds, guideway 30 structures, switches, yards, parking facilities, power relays, 31 switching houses, and rail stations and also includes 6 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 facilities or equipment used exclusively for the purposes of 2 design, construction, operation, maintenance, or the financing 3 of the high-speed rail system. 4 (6)(7) "Joint development" means the planning, 5 managing, financing, or constructing of projects adjacent to, 6 functionally related to, or otherwise related to a high-speed 7 rail system pursuant to agreements between any person, firm, 8 corporation, association, organization, agency, or other 9 entity, public or private. 10 (8) "Northeast Florida" means the counties of Nassau, 11 Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler. 12 (9) "Northwest Florida" means the counties of 13 Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, 14 Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, 15 Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee, 16 Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford, 17 and Levy. 18 (7)(10) "Rail station," "station," or "high-speed rail 19 station" means any structure or transportation facility that 20 is part of a high-speed rail system designed to accommodate 21 the movement of passengers from one mode of transportation to 22 another at which passengers board or disembark from 23 transportation conveyances and transfer from one mode of 24 transportation to another. 25 (11) "Selected person or entity" means the person or 26 entity to whom the authority awards a contract under s. 27 341.834 to establish a high-speed rail system pursuant to this 28 act. 29 (12) "Southeast Florida" means the counties of 30 Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin, 31 Okeechobee, and Palm Beach. 7 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 (13) "Southwest Florida" means the counties of 2 Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte, 3 Glades, Lee, Hendry, and Collier. 4 (14) "Urban areas" means Central Florida, Northeast 5 Florida, Northwest Florida, Southeast Florida, and Southwest 6 Florida. 7 Section 4. Section 341.821, Florida Statutes, is 8 amended to read: 9 341.821 Florida High-Speed Rail Authority.-- 10 (1) There is created and established a body politic 11 and corporate, an agency of the state, to be known as the 12 "Florida High-Speed Rail Authority," hereinafter referred to 13 as the "authority." 14 (2)(a) The governing board of the authority shall 15 consist of nine voting members appointed as follows: 16 1. Three members shall be appointed by the Governor, 17 one of whom must have a background in the delivery of rail 18 services in this state area of environmental concerns, one of 19 whom must have a legislative background, and one of whom must 20 have a general business background. 21 2. Three members shall be appointed by the President 22 of the Senate, one of whom must have a background in the 23 delivery of rail services in this state civil engineering, one 24 of whom must have a background in transportation construction, 25 and one of whom must have a general business background. 26 3. Three members shall be appointed by the Speaker of 27 the House of Representatives, one of whom must have a legal 28 background in the delivery of rail services in this state, one 29 of whom must have a background in financial matters, and one 30 of whom must have a general business background. 31 (b) The appointed members are shall not be subject to 8 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 confirmation by the Senate. The initial term of each member 2 appointed by the Governor shall be for 3 4 years. The initial 3 term of each member appointed by the President of the Senate 4 shall be for 3 years. The initial term of each member 5 appointed by the Speaker of the House of Representatives shall 6 be for 2 years. Succeeding terms for all members shall be for 7 terms of 4 years. 8 (c) A vacancy occurring during a term shall be filled 9 by the respective appointing authority in the same manner as 10 the original appointment and only for the balance of the 11 unexpired term. An appointment to fill a vacancy shall be made 12 within 60 days after the occurrence of the vacancy. 13 (d) The Secretary of Transportation shall be a 14 nonvoting ex officio member of the board. 15 (e) The board shall elect one of its members as chair 16 of the authority. The chair shall hold office at the will of 17 the board. Five members of the board shall constitute a 18 quorum, and the vote of five members shall be necessary for 19 any action taken by the authority. The authority may meet upon 20 the constitution of a quorum. No vacancy in the authority 21 shall impair the right of a quorum of the board to exercise 22 all rights and perform all duties of the authority. 23 (f) The members of the board shall not be entitled to 24 compensation but shall be entitled to receive their travel and 25 other necessary expenses as provided in s. 112.061. 26 (3) Notwithstanding any other law to the contrary, it 27 shall not be or constitute a conflict of interest for a person 28 having a background specified in this section to serve as a 29 member of the authority. However, in each official decision to 30 which this act is applicable, such member's firm or related 31 entity may not have a financial or economic interest nor shall 9 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 the authority contract with or conduct any business with a 2 member or such member's firm or directly related business 3 entity. 4 (4) The authority shall be assigned to the Department 5 of Transportation for administrative purposes. The authority 6 shall be a separate budget entity. The Department of 7 Transportation shall provide administrative support and 8 service to the authority to the extent requested by the chair 9 of the authority. The authority shall not be subject to 10 control, supervision, or direction by the Department of 11 Transportation in any manner, including, but not limited to, 12 personnel, purchasing, transactions involving real or personal 13 property, and budgetary matters. 14 Section 5. Subsection (1) of section 341.822, Florida 15 Statutes, is amended to read: 16 341.822 Powers and duties.-- 17 (1) The authority created and established by this act 18 shall advise the Department of Transportation on issues 19 related to locating, planning, designing, financing, 20 constructing, maintaining, operating, and managing locate, 21 plan, design, finance, construct, maintain, own, operate, 22 administer, and manage the high-speed rail system in the 23 state. 24 Section 6. Section 341.824, Florida Statutes, is 25 amended to read: 26 341.824 Technical, scientific, or other assistance.-- 27 (1) The Florida Transportation Commission, the 28 Department of Community Affairs, and the Department of 29 Environmental Protection shall, at the authority's request, 30 provide technical, scientific, or other assistance. 31 (2) The Department of Community Affairs shall, if 10 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 requested, provide assistance to local governments in 2 analyzing the land use and comprehensive planning aspects of 3 this state's the high-speed rail system. The Department of 4 Community Affairs shall assist the authority with the 5 resolution of any conflicts between the system and adopted 6 local comprehensive plans. 7 (3) The Department of Environmental Protection shall, 8 if requested, provide assistance to local governments and 9 other permitting agencies in analyzing the environmental 10 aspects of this state's the high-speed rail system. The 11 Department of Environmental Protection shall assist the 12 authority and the contractor in expediting the approval of the 13 necessary environmental permits for the system. 14 Section 7. Section 341.828, Florida Statutes, is 15 amended to read: 16 341.828 Permitting.-- 17 (1) The authority, for the purposes of permitting, may 18 utilize one or more permitting processes provided for in 19 statute, including, but not limited to, the metropolitan 20 planning organization long-range transportation planning 21 process as defined in s. 339.175(6) and (7), in conjunction 22 with the Department of Transportation's work program process 23 as defined in s. 339.135, or any permitting process now in 24 effect or that may be in effect at the time of permitting and 25 will provide the most timely and cost-effective permitting 26 process. 27 (2) The authority shall work in cooperation with 28 metropolitan planning organizations in areas where the 29 high-speed rail system will be located. The metropolitan 30 planning organizations shall cooperate with the authority and 31 include the high-speed rail system alignment within their 11 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 adopted long-range transportation plans and transportation 2 improvement programs for the purposes of providing public 3 information, consistency with the plans, and receipt of 4 federal and state funds by the authority to support the 5 high-speed rail system. 6 (3) For purposes of selecting a route alignments 7 alignment, the authority may use the project development and 8 environment study process, including the efficient 9 transportation decisionmaking system process as adopted by the 10 Department of Transportation. 11 Section 8. Subsection (1) of section 341.829, Florida 12 Statutes, is amended to read: 13 341.829 Conflict prevention, mitigation, and 14 resolution.-- 15 (1) The authority, in conjunction with the Executive 16 Office of the Governor, the Department of Community Affairs, 17 and the Department of Environmental Protection, shall develop 18 and implement, within 180 days after the effective date of 19 this act, a process to prevent, mitigate, and resolve, to the 20 maximum extent feasible, any conflicts or potential conflicts 21 of the elements of the a high-speed rail system with growth 22 management requirements and environmental standards. 23 Section 9. Subsection (2) of section 341.830, Florida 24 Statutes, is amended to read: 25 341.830 Procurement.-- 26 (2) The authority is authorized to procure commodities 27 and the services of a qualified person or entity to design, 28 build, finance, operate, maintain, and implement a high-speed 29 rail system, including the use of a DBOM or DBOM & F method 30 using a request for proposal, a request for qualifications, or 31 an invitation to negotiate. 12 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 Section 10. Section 341.840, Florida Statutes, is 2 amended to read: 3 341.840 Tax exemption.-- 4 (1) The exercise of the powers granted by this act 5 will be in all respects for the benefit of the people of this 6 state, for the increase of their commerce, welfare, and 7 prosperity, and for the improvement of their health and living 8 conditions. The design, construction, operation, maintenance, 9 and financing of a high-speed rail system by the authority, 10 its agent, or the owner or lessee thereof, as herein 11 authorized by this act, constitutes the performance of an 12 essential public function. 13 (2)(a) For the purposes of this section, the term 14 "authority" does not include agents of the authority other 15 than contractors who qualify as such pursuant to subsection 16 (7). 17 (b) For the purposes of this section, any item or 18 property that is within the definition of "associated 19 development" in s. 341.8203(1) shall not be considered to be 20 part of the high-speed rail system as defined in s. 21 341.8203(6). 22 (3)(a) Purchases or leases of tangible personal 23 property or real property by the authority, excluding agents 24 of the authority, are exempt from taxes imposed by chapter 212 25 as provided in s. 212.08(6). Purchases or leases of tangible 26 personal property that is incorporated into the high-speed 27 rail system as a component part thereof, as determined by the 28 authority, by agents of the authority or the owner of the 29 high-speed rail system are exempt from sales or use taxes 30 imposed by chapter 212. Leases, rentals, or licenses to use 31 real property granted to agents of the authority or the owner 13 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 of the elements of the high-speed rail system are exempt from 2 taxes imposed by s. 212.031 if the real property becomes part 3 of such system. The exemptions granted in this subsection do 4 not apply to sales, leases, or licenses by the authority, 5 agents of the authority, or the owner of the high-speed rail 6 system. 7 (b) The exemption granted in paragraph (a) to 8 purchases or leases of tangible personal property by agents of 9 the authority or by the owners owner of the elements of the 10 high-speed rail system applies only to property that becomes a 11 component part of such system. It does not apply to items, 12 including, but not limited to, cranes, bulldozers, forklifts, 13 other machinery and equipment, tools and supplies, or other 14 items of tangible personal property used in the construction, 15 operation, or maintenance of the high-speed rail system when 16 such items are not incorporated into the high-speed rail 17 system as a component part thereof. 18 (4) Any bonds or other security, and all notes, 19 mortgages, security agreements, letters of credit, or other 20 instruments that arise out of or are given to secure the 21 repayment of bonds or other security, issued by the authority, 22 or on behalf of the authority, their transfer, and the income 23 therefrom, including any profit made on the sale thereof, 24 shall at all times be free from taxation of every kind by the 25 state, the counties, and the municipalities and other 26 political subdivisions in the state. This subsection, however, 27 does not exempt from taxation or assessment the leasehold 28 interest of a lessee in any project or any other property or 29 interest owned by the lessee. The exemption granted by this 30 subsection is not applicable to any tax imposed by chapter 220 31 on interest income or profits on the sale of debt obligations 14 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 owned by corporations. 2 (5) When property of the authority is leased to 3 another person or entity, the property shall be exempt from ad 4 valorem taxation only if the use by the lessee qualifies the 5 property for exemption under s. 196.199. 6 (6) A leasehold interest held by the authority is not 7 subject to intangible tax. However, if a leasehold interest 8 held by the authority is subleased to a nongovernmental 9 lessee, such subleasehold interest shall be deemed to be an 10 interest described in s. 199.023(1)(d), and is subject to the 11 intangible tax. 12 (5)(7)(a) In order to be considered an agent of the 13 authority for purposes of the exemption from sales and use tax 14 granted by subsection (3) for tangible personal property 15 incorporated into the high-speed rail system, a contractor of 16 the authority that purchases or fabricates such tangible 17 personal property must be certified by the authority as 18 provided in this subsection. 19 (b)1. A contractor must apply for a renewal of the 20 exemption not later than December 1 of each calendar year. 21 2. A contractor must apply to the authority on the 22 application form adopted by the authority, which shall develop 23 the form in consultation with the Department of Revenue. 24 3. The authority shall review each submitted 25 application and determine whether it is complete. The 26 authority shall notify the applicant of any deficiencies in 27 the application within 30 days. Upon receipt of a completed 28 application, the authority shall evaluate the application for 29 exemption under this subsection and issue a certification that 30 the contractor is qualified to act as an agent of the 31 authority for purposes of this section or a denial of such 15 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 certification within 30 days. The authority shall provide the 2 Department of Revenue with a copy of each certification issued 3 upon approval of an application. Upon receipt of a 4 certification from the authority, the Department of Revenue 5 shall issue an exemption permit to the contractor. 6 (c)1. The contractor may extend a copy of its 7 exemption permit to its vendors in lieu of paying sales tax on 8 purchases of tangible personal property qualifying for 9 exemption under this section. Possession of a copy of the 10 exemption permit relieves the seller of the responsibility of 11 collecting tax on the sale, and the Department of Revenue 12 shall look solely to the contractor for recovery of tax upon a 13 determination that the contractor was not entitled to the 14 exemption. 15 2. The contractor may extend a copy of its exemption 16 permit to real property subcontractors supplying and 17 installing tangible personal property that is exempt under 18 subsection (3). Any such subcontractor is authorized to extend 19 a copy of the permit to the subcontractor's vendors in order 20 to purchase qualifying tangible personal property tax-exempt. 21 If the subcontractor uses the exemption permit to purchase 22 tangible personal property that is determined not to qualify 23 for exemption under subsection (3), the Department of Revenue 24 may assess and collect any tax, penalties, and interest that 25 are due from either the contractor holding the exemption 26 permit or the subcontractor that extended the exemption permit 27 to the seller. 28 (d) Any contractor authorized to act as an agent of 29 the authority under this section shall maintain the necessary 30 books and records to document the exempt status of purchases 31 and fabrication costs made or incurred under the permit. In 16 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 addition, an authorized contractor extending its exemption 2 permit to its subcontractors shall maintain a copy of the 3 subcontractor's books, records, and invoices indicating all 4 purchases made by the subcontractor under the authorized 5 contractor's permit. If, in an audit conducted by the 6 Department of Revenue, it is determined that tangible personal 7 property purchased or fabricated claiming exemption under this 8 section does not meet the criteria for exemption, the amount 9 of taxes not paid at the time of purchase or fabrication shall 10 be immediately due and payable to the Department of Revenue, 11 together with the appropriate interest and penalty, computed 12 from the date of purchase, in the manner prescribed by chapter 13 212. 14 (e) If a contractor does not fails to apply for a 15 high-speed rail system exemption permit, or if a contractor 16 initially determined by the authority to not qualify for 17 exemption is subsequently determined to be eligible, the 18 contractor shall receive the benefit of the exemption in this 19 subsection through a refund of previously paid taxes for 20 transactions that otherwise would have been exempt. A refund 21 may not be made for such taxes without the issuance of a 22 certification by the authority that the contractor was 23 authorized to make purchases tax-exempt and a determination by 24 the Department of Revenue that the purchases qualified for the 25 exemption. 26 (f) The authority may adopt rules governing the 27 application process for exemption of a contractor as an 28 authorized agent of the authority. 29 (g) The Department of Revenue may adopt rules 30 governing the issuance and form of high-speed rail system 31 exemption permits, the audit of contractors and subcontractors 17 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 using such permits, the recapture of taxes on nonqualified 2 purchases, and the manner and form of refund applications. 3 Section 11. Sections 341.823, 341.827, 341.831, 4 341.832, 341.834, 341.835, 341.836, 341.837, 341.838, and 5 341.839, Florida Statutes, are repealed. 6 Section 12. This act shall take effect July 1, 2005. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to the Florida High-Speed Rail 16 Authority Act; renaming the authority as the 17 Florida Rail Authority; renaming the act; 18 amending s. 341.8201, F.S.; conforming the 19 short title; amending s. 341.8202, F.S.; 20 deleting certain intent provisions and 21 conforming other provisions; deleting 22 provisions relating to rail stations; amending 23 s. 341.8203, F.S.; revising definitions, to 24 conform; amending s. 341.821, F.S.; conforming 25 provisions; revising the membership of the 26 Florida Rail Authority; amending s. 341.822, 27 F.S.; revising the powers and duties of the 28 authority; amending ss. 341.824, 341.828, 29 341.829, 341.830, and 341.840, F.S.; conforming 30 provisions to changes made by the act; 31 repealing s. 341.823, F.S., which provides 18 11:30 AM 04/15/05 s0462c-tr16-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 462 Barcode 701646 1 criteria for assessment and recommendations for 2 the high-speed rail system; repealing s. 3 341.827, F.S., which provides for service areas 4 for high-speed rail system; repealing s. 5 341.831, F.S., which provides for 6 prequalification of persons involved in the 7 design or construction of the high-speed rail 8 system; repealing s. 341.832, F.S., which 9 provides a request for a qualification process 10 for the system; repealing s. 341.834, F.S., 11 which provides for the award of contracts 12 relating to the system; repealing s. 341.835, 13 F.S., which provides for the acquisition of 14 property and rights-of-way and disposal of land 15 relating to the system; repealing s. 341.836, 16 F.S., which provides for associated development 17 relating to the system; repealing s. 341.837, 18 F.S., which provides for the payment of 19 expenses relating to the system; repealing s. 20 341.838, which provides for the setting and 21 collection of rates, fees, rents, and charges 22 involving the system; repealing s. 341.839, 23 F.S., which provides intent regarding the 24 powers authorized in the Florida High-Speed 25 Railway Act and clarifies the independence of 26 the authority; providing an effective date. 27 28 29 30 31 19 11:30 AM 04/15/05 s0462c-tr16-j01