Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1212
       
       
       
       
       
       
                                Barcode 953772                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2009           .                                
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       The Committee on Transportation and Economic Development
       Appropriations (Gardiner and Diaz de la Portilla) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 341.301, Florida Statutes, is amended to
    6  read:
    7         341.301 Definitions; ss. 341.302-341.303 ss. 341.302 and
    8  341.303.—As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
    9  the term:
   10         (1) “Branch line continuance project” means a project that
   11  involves branch line rehabilitation, new connecting track, rail
   12  banking, and other similar types of projects, including those
   13  specifically identified in the federal Railroad Revitalization
   14  and Regulatory Reform Act of 1976, and subsequent amendments to
   15  that act.
   16         (2) “Intercity rail transportation system” means the
   17  network of railroad facilities used or available for interstate
   18  and intrastate passenger and freight operations by railroads,
   19  whether or not on a schedule or whether or not restricted.
   20         (3) “Rail programs” means those programs administered by
   21  the state or other governmental entities which involve projects
   22  affecting the movement of people or goods by rail lines that
   23  have been or will be constructed to serve freight or passenger
   24  markets within a city or between cities.
   25         (4) “Rail service development project” means a project
   26  undertaken by a public agency to determine whether a new or
   27  innovative technique or measure can be utilized to improve or
   28  expand rail service. The duration of the project funding shall
   29  be limited according to the type of project and in no case shall
   30  exceed 3 years. Rail service development projects include those
   31  projects and other actions undertaken to enhance railroad
   32  operating efficiency or increased rail service, including
   33  measures that result in improved speed profiles, operations, or
   34  technological applications that lead to reductions in operating
   35  costs and increases in productivity or service.
   36         (5) “Railroad” or “rail system” means any common carrier
   37  fixed-guideway transportation system such as the conventional
   38  steel rail-supported, steel-wheeled system. The term does not
   39  include a high-speed rail line developed by the Department of
   40  Transportation pursuant to ss. 341.8201-341.842.
   41         (6) “Railroad capital improvement project” means a project
   42  identified by the rail component of the Florida Transportation
   43  Plan, which project involves the leasing, acquisition, design,
   44  construction, reconstruction, or improvement to the existing
   45  intercity rail transportation system or future segments thereof,
   46  including such items as locomotives and other rolling stock,
   47  tracks, terminals, and rights-of-way for the continuance or
   48  expansion of rail service as necessary to ensure the continued
   49  effectiveness of the state’s rail facilities and systems in
   50  meeting mobility and industrial development needs.
   51         (7) “Train” means any locomotive engine that is powered by
   52  diesel fuel, electricity, or other means, with or without cars
   53  coupled thereto, and operated upon a railroad track or any other
   54  form of fixed guideway, except that the term does not include a
   55  light rail vehicle such as a streetcar or people mover.
   56         (8)“Commuter rail passenger” or “passengers” means all
   57  persons, ticketed or unticketed, using the commuter rail service
   58  on a department-owned rail corridor:
   59         (a)On board trains, locomotives, rail cars, or rail
   60  equipment employed in commuter rail service or entraining and
   61  detraining therefrom;
   62         (b)On or about the rail corridor for any purpose related
   63  to the commuter rail service, including, parking, inquiring
   64  about commuter rail service, or purchasing tickets therefor, and
   65  coming to, waiting for, leaving from, or observing trains,
   66  locomotives, rail cars, or rail equipment; or
   67         (c)Meeting, assisting, or in the company of any person
   68  described in paragraph (a) or paragraph (b).
   69         (9)“Commuter rail service” means the transportation of
   70  commuter rail passengers and other passengers by rail pursuant
   71  to a rail program provided by the department or any other
   72  governmental entities.
   73         (10)“Rail corridor invitee” means all persons who are on
   74  or about a department-owned rail corridor:
   75         (a)For any purpose related to any ancillary development
   76  thereon; or
   77         (b)Meeting, assisting, or in the company of any person
   78  described in paragraph (a).
   79         (11)“Rail corridor” means a linear contiguous strip of
   80  real property that is used for rail service. The term includes
   81  the corridor and structures essential to railroad operations,
   82  including the land, structures, improvements, rights-of-way,
   83  easements, rail lines, rail beds, guideway structures, switches,
   84  yards, parking facilities, power relays, switching houses, rail
   85  stations, ancillary development, and any other facilities or
   86  equipment used for the purposes of construction, operation, or
   87  maintenance of a railroad that provides rail service.
   88         (12)“Railroad operations” means the use of the rail
   89  corridor to conduct commuter rail service, intercity rail
   90  passenger service, or freight rail service.
   91         (13)“Ancillary development” includes any lessee or
   92  licensee of the department, including other governmental
   93  entities, vendors, retailers, restaurateurs, or contract service
   94  providers, within a department-owned rail corridor, except for
   95  providers of commuter rail service, intercity rail passenger
   96  service, or freight rail service.
   97         (14)“Governmental entity” or “entities” has the same
   98  meaning as provided in s. 11.45, including a “public agency” as
   99  defined in s. 163.01.
  100         Section 2. Section 341.302, Florida Statutes, is amended to
  101  read:
  102         341.302 Rail program, duties and responsibilities of the
  103  department.—The department, in conjunction with other
  104  governmental entities units and the private sector, shall
  105  develop and implement a rail program of statewide application
  106  designed to ensure the proper maintenance, safety,
  107  revitalization, and expansion of the rail system to assure its
  108  continued and increased availability to respond to statewide
  109  mobility needs. Within the resources provided pursuant to
  110  chapter 216, and as authorized under federal law Title 49 C.F.R.
  111  part 212, the department shall:
  112         (1) Provide the overall leadership, coordination, and
  113  financial and technical assistance necessary to assure the
  114  effective responses of the state’s rail system to current and
  115  anticipated mobility needs.
  116         (2) Promote and facilitate the implementation of advanced
  117  rail systems, including high-speed rail and magnetic levitation
  118  systems.
  119         (3) Develop and periodically update the rail system plan,
  120  on the basis of an analysis of statewide transportation needs.
  121         (a) The plan may contain detailed regional components,
  122  consistent with regional transportation plans, as needed to
  123  ensure connectivity within the state’s regions, and it shall be
  124  consistent with the Florida Transportation Plan developed
  125  pursuant to s. 339.155. The rail system plan shall include an
  126  identification of priorities, programs, and funding levels
  127  required to meet statewide and regional needs. The rail system
  128  plan shall be developed in a manner that will assure the maximum
  129  use of existing facilities and the optimum integration and
  130  coordination of the various modes of transportation, public and
  131  private, in the most cost-effective manner possible. The rail
  132  system plan shall be updated at least every 5 2 years and
  133  include plans for both passenger rail service and freight rail
  134  service, accompanied by a report to the Legislature regarding
  135  the status of the plan.
  136         (b)In recognition of the department’s role in the
  137  enhancement of the state’s rail system to improve freight and
  138  passenger mobility, the department shall:
  139         1.Continue to work closely with all affected communities,
  140  including, but not limited to, the City of Lakeland, the City of
  141  Plant City, and Polk County, to identify and address anticipated
  142  impacts associated with an increase in freight rail traffic;
  143         2.In coordination with the affected local governments and
  144  CSX Transportation, Inc., finalize all viable alternatives from
  145  the department’s Rail Traffic Evaluation Study to identify and
  146  develop an alternative route for through-freight rail traffic
  147  moving through Central Florida, including Polk and Hillsborough
  148  Counties. Following the completion of the department’s
  149  alternative rail traffic evaluation, the department shall begin
  150  a project development and environmental study that must be
  151  reviewed and approved by appropriate federal agencies so that a
  152  preferred alternative can be identified which minimizes the
  153  impacts associated with freight rail movements along the
  154  corridor. This preferred alternative shall become the basis for
  155  future development of this freight rail corridor and, with a
  156  priority ranking from the Polk Transportation Planning
  157  Organization, or its successor, shall be programmed for funding
  158  in the department’s work program in a fiscal year no later than
  159  10 years from commencement of construction of the CSX Integrated
  160  Logistics Center; and
  161         3.Provide technical assistance to a coalition of local
  162  governments in Central Florida, including the counties of
  163  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
  164  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
  165  Sumter, and Volusia, and the municipalities within those
  166  counties, to develop a regional rail system plan that addresses
  167  passenger and freight opportunities in the region, is consistent
  168  with the Florida Rail System Plan, and incorporates appropriate
  169  elements of the Tampa Bay Area Regional Authority Master Plan,
  170  the Metroplan Orlando Regional Transit System Concept Plan,
  171  including the Sunrail project, and the Florida Department of
  172  Transportation Alternate Rail Traffic Evaluation.
  173         (4) As part of the work program of the department,
  174  formulate a specific program of projects and financing to
  175  respond to identified railroad needs.
  176         (5) Provide technical and financial assistance to units of
  177  local government to address identified rail transportation
  178  needs.
  179         (6) Secure and administer federal grants, loans, and
  180  apportionments for rail projects within this state when
  181  necessary to further the statewide program.
  182         (7) Develop and administer state standards concerning the
  183  safety and performance of rail systems, hazardous material
  184  handling, and operations. Such standards shall be developed
  185  jointly with representatives of affected rail systems, with full
  186  consideration given to nationwide industry norms, and shall
  187  define the minimum acceptable standards for safety and
  188  performance.
  189         (8) Conduct, at a minimum, inspections of track and rolling
  190  stock; train signals and related equipment; hazardous materials
  191  transportation, including the loading, unloading, and labeling
  192  of hazardous materials at shippers’, receivers’, and transfer
  193  points; and train operating practices to determine adherence to
  194  state and federal standards. Department personnel may enforce
  195  any safety regulation issued under the Federal Government’s
  196  preemptive authority over interstate commerce.
  197         (9) Assess penalties, in accordance with the applicable
  198  federal regulations, for the failure to adhere to the state
  199  standards.
  200         (10) Administer rail operating and construction programs,
  201  which programs shall include the regulation of maximum train
  202  operating speeds, the opening and closing of public grade
  203  crossings, the construction and rehabilitation of public grade
  204  crossings, and the installation of traffic control devices at
  205  public grade crossings, the administering of the programs by the
  206  department including participation in the cost of the programs.
  207         (11) Coordinate and facilitate the relocation of railroads
  208  from congested urban areas to nonurban areas when relocation has
  209  been determined feasible and desirable from the standpoint of
  210  safety, operational efficiency, and economics.
  211         (12) Implement a program of branch line continuance
  212  projects when an analysis of the industrial and economic
  213  potential of the line indicates that public involvement is
  214  required to preserve essential rail service and facilities.
  215         (13) Provide new rail service and equipment when:
  216         (a) Pursuant to the transportation planning process, a
  217  public need has been determined to exist;
  218         (b) The cost of providing such service does not exceed the
  219  sum of revenues from fares charged to users, services purchased
  220  by other public agencies, local fund participation, and specific
  221  legislative appropriation for this purpose; and
  222         (c) Service cannot be reasonably provided by other
  223  governmental or privately owned rail systems.
  224  
  225  The department may own, lease, and otherwise encumber
  226  facilities, equipment, and appurtenances thereto, as necessary
  227  to provide new rail services; or the department may provide such
  228  service by contracts with privately owned service providers.
  229         (14) Furnish required emergency rail transportation service
  230  if no other private or public rail transportation operation is
  231  available to supply the required service and such service is
  232  clearly in the best interest of the people in the communities
  233  being served. Such emergency service may be furnished through
  234  contractual arrangement, actual operation of state-owned
  235  equipment and facilities, or any other means determined
  236  appropriate by the secretary.
  237         (15) Assist in the development and implementation of
  238  marketing programs for rail services and of information systems
  239  directed toward assisting rail systems users.
  240         (16) Conduct research into innovative or potentially
  241  effective rail technologies and methods and maintain expertise
  242  in state-of-the-art rail developments.
  243         (17)In conjunction with the acquisition, ownership,
  244  construction, operation, maintenance, and management of a rail
  245  corridor, have the authority to:
  246         (a)Assume the obligation by contract to forever protect,
  247  defend, indemnify, and hold harmless the freight rail operator,
  248  or its successors, from whom the department has acquired a real
  249  property interest in the rail corridor, and that freight rail
  250  operator’s officers, agents, and employees, from and against any
  251  liability, cost, and expense, including, but not limited to,
  252  commuter rail passengers, rail corridor invitees, and
  253  trespassers in the rail corridor, regardless of whether the
  254  loss, damage, destruction, injury, or death giving rise to any
  255  such liability, cost, or expense is caused in whole or in part,
  256  and to whatever nature or degree, by the fault, failure,
  257  negligence, misconduct, nonfeasance, or misfeasance of such
  258  freight rail operator, its successors, or its officers, agents,
  259  and employees, or any other person or persons whomsoever,
  260  provided that such assumption of liability of the department by
  261  contract shall not in any instance exceed the following
  262  parameters of allocation of risk:
  263         1.The department may be solely responsible for any loss,
  264  injury, or damage to commuter rail passengers, rail corridor
  265  invitees, or trespassers, regardless of circumstances or cause,
  266  subject to subparagraphs 2., 3., and 4.
  267         2.When only one train is involved in an incident, the
  268  department may be solely responsible for any loss, injury, or
  269  damage if the train is a department train or other train
  270  pursuant to subparagraph 3., but in an instance when only a
  271  freight rail operator train is involved, the freight rail
  272  operator is solely responsible for any loss, injury, or damage,
  273  except for commuter rail passengers, rail corridor invitees, and
  274  trespassers, and the freight rail operator is solely responsible
  275  for its property and all of its people in any instance when its
  276  train is involved in an incident.
  277         3.For the purposes of this subsection, any train involved
  278  in an incident that is neither the department’s train nor the
  279  freight rail operator’s train, hereinafter referred to in this
  280  subsection as an “other train,” may be treated as a department
  281  train, solely for purposes of any allocation of liability
  282  between the department and the freight rail operator only, but
  283  only if the department and the freight rail operator share
  284  responsibility equally as to third parties outside the rail
  285  corridor who incur loss, injury, or damage as a result of any
  286  incident involving both a department train and a freight rail
  287  operator train, and the allocation as between the department and
  288  the freight rail operator, regardless of whether the other train
  289  is treated as a department train, shall remain one-half each as
  290  to third parties outside the rail corridor who incur loss,
  291  injury, or damage as a result of the incident. The involvement
  292  of any other train shall not alter the sharing of equal
  293  responsibility as to third parties outside the rail corridor who
  294  incur loss, injury, or damage as a result of the incident.
  295         4.When more than one train is involved in an incident:
  296         a.If only a department train and freight rail operator’s
  297  train, or only another train as described in subparagraph 3. and
  298  a freight rail operator’s train, are involved in an incident,
  299  the department may be responsible for its property and all of
  300  its people, all commuter rail passengers, rail corridor
  301  invitees, and trespassers, but only if the freight rail operator
  302  is responsible for its property and all of its people, and the
  303  department and the freight rail operator each share one-half
  304  responsibility as to third parties outside the rail corridor who
  305  incur loss, injury, or damage as a result of the incident.
  306         b.If a department train, a freight rail operator train,
  307  and any other train are involved in an incident, the allocation
  308  of liability between the department and the freight rail
  309  operator, regardless of whether the other train is treated as a
  310  department train, shall remain one-half each as to third parties
  311  outside the rail corridor who incur loss, injury, or damage as a
  312  result of the incident. The involvement of any other train shall
  313  not alter the sharing of equal responsibility as to third
  314  parties outside the rail corridor who incur loss, injury, or
  315  damage as a result of the incident, and, if the owner, operator,
  316  or insurer of the other train makes any payment to injured third
  317  parties outside the rail corridor who incur loss, injury, or
  318  damage as a result of the incident, the allocation of credit
  319  between the department and the freight rail operator as to such
  320  payment shall not in any case reduce the freight rail operator’s
  321  third-party-sharing allocation of one-half under this paragraph
  322  to less than one-third of the total third-party liability.
  323         5.Any such contractual duty to protect, defend, indemnify,
  324  and hold harmless such a freight rail operator shall expressly
  325  include a specific cap on the amount of the contractual duty,
  326  which amount shall not exceed $200 million without prior
  327  legislative approval, and the department shall purchase
  328  liability insurance and establish a self-insurance retention
  329  fund in the amount of the specific cap established under this
  330  subparagraph, provided that:
  331         a.No such contractual duty shall in any case be effective
  332  or otherwise extend the department’s liability in scope and
  333  effect beyond the contractual liability insurance and self
  334  insurance retention fund required pursuant to this paragraph;
  335  and
  336         b.The freight rail operator’s compensation to the
  337  department for future use of the department’s rail corridor
  338  shall include a monetary contribution to the cost of such
  339  liability coverage for the sole benefit of the freight rail
  340  operator.
  341         (b)Purchase liability insurance, which amount shall not
  342  exceed $200 million, and establish a self-insurance retention
  343  fund for the purpose of paying the deductible limit established
  344  in the insurance policies it may obtain, including coverage for
  345  the department, any freight rail operator as described in
  346  paragraph (a), commuter rail service providers, governmental
  347  entities, or ancillary development. The insureds shall pay a
  348  reasonable monetary contribution to the cost of such liability
  349  coverage for the sole benefit of the insured. Such insurance and
  350  self-insurance retention fund may provide coverage for all
  351  damages, including, but not limited to, compensatory, special,
  352  and exemplary, and be maintained to provide an adequate fund to
  353  cover claims and liabilities for loss, injury, or damage arising
  354  out of or connected with the ownership, operation, maintenance,
  355  and management of a rail corridor.
  356         (c)Incur expenses for the purchase of advertisements,
  357  marketing, and promotional items.
  358  
  359  Neither the assumption by contract to protect, defend,
  360  indemnify, and hold harmless; the purchase of insurance; nor the
  361  establishment of a self-insurance retention fund shall be deemed
  362  to be a waiver of any defense of sovereign immunity for torts
  363  nor deemed to increase the limits of the department’s or the
  364  governmental entity’s liability for torts as provided in s.
  365  768.28. The requirements of s. 287.022(1) shall not apply to the
  366  purchase of any insurance hereunder. The provisions of this
  367  subsection shall apply and inure fully as to any other
  368  governmental entity providing commuter rail service and
  369  constructing, operating, maintaining, or managing a rail
  370  corridor on publicly owned right-of-way under contract by the
  371  governmental entity with the department or a governmental entity
  372  designated by the department.
  373         (18)(17) Exercise such other functions, powers, and duties
  374  in connection with the rail system plan as are necessary to
  375  develop a safe, efficient, and effective statewide
  376  transportation system.
  377         Section 3. The department may complete an escrowed closing
  378  on the pending Central Florida Rail Corridor acquisition;
  379  however, the drawdown of such escrowed closing shall not occur
  380  unless and until final Federal Transit Administration full
  381  funding grant agreement approval is obtained for the proposed
  382  Central Florida Commuter Rail Transit Project Initial Operating
  383  Segment.
  384         Section 4. Subsection (1) of section 212.0606, Florida
  385  Statutes, is amended to read:
  386         212.0606 Rental car surcharge.—
  387         (1)(a) A surcharge of $2.00 per day or any part of a day is
  388  imposed upon the lease or rental of a motor vehicle licensed for
  389  hire and designed to carry less than nine passengers regardless
  390  of whether such motor vehicle is licensed in Florida. The
  391  surcharge applies to only the first 30 days of the term of any
  392  lease or rental. The surcharge is subject to all applicable
  393  taxes imposed by this chapter.
  394         (b)A county may impose a county surcharge of $2.00 per day
  395  or any part of a day upon the lease or rental of a motor vehicle
  396  licensed for hire and designed to carry less than nine
  397  passengers regardless of whether such motor vehicle is licensed
  398  in Florida. The county surcharge applies to only the first 30
  399  days of the term of any lease or rental. The county surcharge is
  400  subject to all applicable taxes imposed by this chapter. The
  401  county surcharge is subject to the following conditions:
  402         1.The county surcharge may be used solely to fund the
  403  transportation needs of the county as determined by the county
  404  commission.
  405         2.The county surcharge may only be imposed by a
  406  supermajority vote of the county commission.
  407         3.The county commission, shall, by a supermajority vote at
  408  the same meeting at which the county surcharge was authorized,
  409  also designate the account or fund into which the proceeds from
  410  the county surcharge shall be deposited.
  411         4.All funds collected from the county surcharge shall be
  412  deposited into the designated account or fund, subject to the
  413  applicable taxes imposed by this chapter.
  414         5.Funds deposited into the account or fund must be used
  415  solely for the purpose of funding transportation needs as
  416  determined by the county commission.
  417         6.After the county commission votes to impose a county
  418  surcharge, the county surcharge shall be applied on the first
  419  day of the month following the vote.
  420         7.The authority to impose the county surcharge approved by
  421  the county commission is effective immediately after the vote
  422  and is valid until the day after the following general election.
  423         8.The county commission which approved the county
  424  surcharge shall cause the question to be placed on the ballot
  425  for a vote by the electors of that county at the next general
  426  election immediately following the vote of the county
  427  commission.
  428         9.If a majority of the voters of the county vote in favor
  429  of the referendum approving the continuation of the county
  430  surcharge, that surcharge continues to be valid.
  431         10.If a majority of the voters of the county vote against
  432  the referendum approving the continuation of the county
  433  surcharge, the county surcharge shall cease to be effective on
  434  the next business day following the general election.
  435         Section 5. This act shall take effect upon becoming a law.
  436  
  437  ================= T I T L E  A M E N D M E N T ================
  438         And the title is amended as follows:
  439         Delete everything before the enacting clause
  440  and insert:
  441                        A bill to be entitled                      
  442         An act relating to public transit; amending s.
  443         341.301, F.S.; providing definitions relating to
  444         commuter rail service, rail corridors, and railroad
  445         operation for purposes of the rail program within the
  446         Department of Transportation; amending s. 341.302,
  447         F.S.; revising certain citations; revising the time
  448         period within which the department must revise the
  449         rail system plan and requiring a report; providing
  450         additional duties for the department relating to a
  451         regional rail system plan; authorizing the department
  452         to assume certain liability on a rail corridor;
  453         authorizing the department to indemnify and hold
  454         harmless a railroad company when the department
  455         acquires a rail corridor from the company; providing
  456         allocation of risk; providing a specific cap on the
  457         amount of the contractual duty for such
  458         indemnification; authorizing the department to
  459         purchase and provide insurance in relation to rail
  460         corridors; authorizing marketing and promotional
  461         expenses; extending provisions to other governmental
  462         entities providing commuter rail service on public
  463         right-of-way; authorizing the closing of the pending
  464         Central Florida Rail Corridor acquisition; amending s.
  465         212.0606, F.S.; authorizing a county to impose a
  466         county surcharge upon the lease or rental of a motor
  467         vehicle licensed for hire; requiring that the county
  468         surcharge may be used solely to fund the
  469         transportation needs of the county as determined by
  470         the county commission; requiring the county commission
  471         to place the county surcharge on the ballot of the
  472         next general election for a vote by the electors;
  473         providing an effective date.