HB 1B

1	A bill to be entitled
2	An act relating to transportation; amending s. 20.23,
3	F.S.; creating the Florida Statewide Passenger Rail
4	Commission to monitor passenger rail systems and
5	associated operations, advise the Department of
6	Transportation concerning a statewide system of passenger
7	rail service, evaluate passenger rail policies, and
8	provide advice and recommendations to the Legislature on
9	passenger rail operations in the state; providing for
10	membership and organization of the commission; authorizing
11	reimbursement for travel and other expenses of members;
12	prohibiting the commission and its members from taking
13	part in operations of the department or a monitored
14	authority; assigning the commission to the Office of the
15	Secretary of the department for administrative purposes;
16	providing that expenses of the commission shall be
17	approved by the secretary; directing the department to
18	provide administrative support and services to the
19	commission; providing for a rail enterprise in the
20	department to be headed by an executive director and
21	headquartered in Leon County; providing that the executive
22	director shall be appointed by the Secretary of
23	Transportation; directing the secretary to assign to the
24	executive director the responsibility for funding,
25	developing, and operating high-speed and passenger rail
26	systems under specified provisions and coordinating
27	publicly funded passenger rail operations; exempting the
28	enterprise from department policies, procedures, and
29	standards; providing exceptions; amending s. 201.15, F.S.;
30	revising allocation of certain moneys in the State
31	Transportation Trust Fund by increasing the percentage to
32	be allocated for purposes of the Small County Outreach
33	Program and providing for an annual allocation to the
34	Florida Rail Enterprise; amending s. 339.135, F.S.;
35	providing a funding source for allocations to the South
36	Florida Regional Transportation Authority under specified
37	provisions; amending s. 343.58, F.S., relating to the
38	South Florida Regional Transportation Authority; providing
39	that funds dedicated by county governments may be used for
40	certain purposes; providing for allocation of funds from
41	the State Transportation Trust Fund to the authority;
42	providing for cessation of the allocation under certain
43	circumstances; amending s. 341.301, F.S.; revising the
44	definition of "railroad" or "rail system" to include a
45	high-speed rail system and providing definitions for
46	purposes of provisions for rail programs; amending s.
47	341.302, F.S.; revising duties and responsibilities of the
48	department to develop and implement a rail program;
49	authorizing the department's rail system plan to include
50	regional components for certain purposes; revising
51	requirements for the plan to be updated; requiring a plan
52	status report to the Legislature; directing the department
53	to work with local communities to address impacts of
54	passenger rail implementation, finalize alternative routes
55	for through freight rail traffic in Central Florida, and
56	provide technical assistance to a coalition of
57	municipalities and counties in Central Florida for
58	development of a regional rail system plan; providing
59	parameters within which the department may by contract
60	indemnify against loss a freight rail operator from whom
61	it has acquired interest in a rail corridor; authorizing
62	the department to purchase liability insurance including
63	coverage for the department, any freight rail operator,
64	commuter rail service providers, governmental entities, or
65	any ancillary development and establish a self-insurance
66	retention fund; limiting the amount of the insurance and
67	self-insurance retention fund; providing that the insureds
68	must make payments for the coverage; providing that the
69	insurance may provide coverage for all damages and be
70	maintained to provide a fund to cover liabilities arising
71	from rail corridor ownership and operations; authorizing
72	the department to incur certain marketing expenses
73	relating to rail corridor acquisition, ownership,
74	construction, and operation; providing that
75	indemnification by contract, the purchase of insurance, or
76	establishment of a self-insurance retention fund does not
77	waive sovereign immunity or increase liability limits
78	provided under specified provisions; providing that
79	specified provisions apply to the purchase of insurance;
80	providing that specified provisions relating to rail
81	service apply to other governmental entities under
82	contract with the department or designated by the
83	department; providing for application of specified
84	provisions to procurement contracts for the construction,
85	operation, maintenance, and management of a rail corridor
86	by the department, a governmental entity under contract
87	with the department, or a governmental entity designated
88	by the department; authorizing the department to complete
89	an escrowed closing on the Central Florida Rail Corridor
90	acquisition if Federal Transit Administration full-funding
91	grant agreement approval is obtained for the proposed
92	Central Florida Commuter Rail Transit Project Initial
93	Operating Segment; amending s. 341.303, F.S.; revising
94	provisions for distribution of rail funds; removing
95	provisions for funding service development projects;
96	authorizing the department to fund net operating costs of
97	eligible intercity or commuter rail systems for a certain
98	time period; authorizing the department, through the
99	Florida Rail Enterprise, to use specified funds to fund
100	certain costs of passenger rail capital improvement
101	projects, passenger rail planning and development, the
102	high-speed rail system, and projects necessary to identify
103	or address anticipated impacts of increased freight rail
104	traffic due to implementing passenger rail systems;
105	providing that the enterprise shall be a single budget
106	entity; providing that the enterprise's budget include all
107	passenger rail funding and be submitted to the Legislature
108	along with the department's budget; directing the Governor
109	to certify forward unexpended funds of the enterprise;
110	providing for use of unencumbered funds certified forward;
111	amending s. 341.8201, F.S.; revising a short title;
112	providing that specified provisions may be cited as the
113	"Florida Rail Enterprise Act"; amending s. 341.8203, F.S.;
114	providing definitions for purposes of such act; amending
115	s. 341.822, F.S.; providing powers and duties of the
116	enterprise in addition to the powers and duties of the
117	department; authorizing the enterprise to plan, construct,
118	maintain, repair, operate, and promote a high-speed rail
119	system, to acquire corridors, and to coordinate the
120	development and operation of publicly funded passenger
121	rail systems; providing intent; authorizing the enterprise
122	to cooperate, coordinate, partner, and contract with other
123	entities to accomplish its purposes; authorizing the
124	enterprise to employ certain procurement methods;
125	authorizing the executive director to employ staff;
126	providing that such staff are exempt from specified Career
127	Service System provisions; providing for construction;
128	providing that provisions for powers of the enterprise
129	supersede other laws that are inconsistent; requiring rail
130	enterprise projects or improvements to be developed in
131	accordance with the Florida Transportation Plan and the
132	department's work program; creating s. 341.8225, F.S.;
133	providing that only the department may acquire, construct,
134	maintain, or operate the high-speed rail system; providing
135	for an exception with legislative authorization;
136	authorizing local governmental entities to negotiate with
137	the department for the design, right-of-way acquisition,
138	and construction of components of the system; amending s.
139	341.836, F.S.; providing for the enterprise to undertake
140	associated developments for certain purposes; amending s.
141	341.838, F.S.; authorizing the enterprise to establish and
142	collect fares, rates, and other charges for services
143	provided by the system; authorizing the enterprise to
144	contract with other entities; directing the enterprise to
145	review the fares, rates, and other charges annually;
146	providing for use of moneys collected; providing that such
147	fares, rates, and other charges are not subject to
148	supervision or regulation by other entities; amending s.
149	341.839, F.S.; providing for construction of provisions
150	granting powers to the enterprise; removing provisions
151	relating to the Florida High-Speed Rail Authority;
152	repealing ss. 341.8202, 341.821, 341.823, 341.824,
153	341.827, 341.828, 341.829, 341.830, 341.831, 341.832,
154	341.833, 341.834, 341.835, 341.837, and 341.841, F.S.,
155	relating to the Florida High-Speed Rail Authority,
156	legislative findings and intent, criteria for assessment
157	and recommendations, technical, scientific, or other
158	assistance, service areas, segment designation,
159	permitting, conflict prevention, mitigation, and
160	resolution, procurement, prequalification, request for
161	qualifications, request for proposals, award of contract,
162	acquisition of property, rights-of-way, and disposal of
163	land, payment of expenses, and reports and audits;
164	amending s. 110.205, F.S.; conforming cross-references;
165	providing effective dates.
166
167	Be It Enacted by the Legislature of the State of Florida:
168
169	Section 1.  Paragraph (b) of subsection (2) and present
170	subsection (4) of section 20.23, Florida Statutes, are amended,
171	present subsections (3) through (6) are renumbered as
172	subsections (4) through (7), respectively, and a new subsection
173	(3) is added to that section, to read:
174	20.23  Department of Transportation.-There is created a
175	Department of Transportation which shall be a decentralized
176	agency.
177	(2)
178	(b)  The commission shall have the primary functions to:
179	1.  Recommend major transportation policies for the
180	Governor's approval, and assure that approved policies and any
181	revisions thereto are properly executed.
182	2.  Periodically review the status of the state
183	transportation system including highway, transit, rail, seaport,
184	intermodal development, and aviation components of the system
185	and recommend improvements therein to the Governor and the
186	Legislature.
187	3.  Perform an in-depth evaluation of the annual department
188	budget request, the Florida Transportation Plan, and the
189	tentative work program for compliance with all applicable laws
190	and established departmental policies. Except as specifically
191	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
192	not consider individual construction projects, but shall
193	consider methods of accomplishing the goals of the department in
194	the most effective, efficient, and businesslike manner.
195	4.  Monitor the financial status of the department on a
196	regular basis to assure that the department is managing revenue
197	and bond proceeds responsibly and in accordance with law and
198	established policy.
199	5.  Monitor on at least a quarterly basis, the efficiency,
200	productivity, and management of the department, using
201	performance and production standards developed by the commission
202	pursuant to s. 334.045.
203	6.  Perform an in-depth evaluation of the factors causing
204	disruption of project schedules in the adopted work program and
205	recommend to the Legislature and the Governor methods to
206	eliminate or reduce the disruptive effects of these factors.
207	7.  Recommend to the Governor and the Legislature
208	improvements to the department's organization in order to
209	streamline and optimize the efficiency of the department. In
210	reviewing the department's organization, the commission shall
211	determine if the current district organizational structure is
212	responsive to Florida's changing economic and demographic
213	development patterns. The initial report by the commission must
214	be delivered to the Governor and Legislature by December 15,
215	2000, and each year thereafter, as appropriate. The commission
216	may retain such experts as are reasonably necessary to
217	effectuate this subparagraph, and the department shall pay the
218	expenses of such experts.
219	8.  Monitor the efficiency, productivity, and management of
220	the authorities created under chapters 343, 348, and 349,
221	including any authority formed using the provisions of part I of
222	chapter 348 and any authority formed under chapter 343 which is
223	not monitored under subsection (3). The commission shall also
224	conduct periodic reviews of each authority's operations and
225	budget, acquisition of property, management of revenue and bond
226	proceeds, and compliance with applicable laws and generally
227	accepted accounting principles.
228	(3)  There is created the Florida Statewide Passenger Rail
229	Commission.
230	(a)1.  The commission shall consist of nine voting members
231	appointed as follows:
232	a.  Three members shall be appointed by the Governor, one
233	of whom must have a background in the area of environmental
234	concerns, one of whom must have a legislative background, and
235	one of whom must have a general business background.
236	b.  Three members shall be appointed by the President of
237	the Senate, one of whom must have a background in civil
238	engineering, one of whom must have a background in
239	transportation construction, and one of whom must have a general
240	business background.
241	c.  Three members shall be appointed by the Speaker of the
242	House of Representatives, one of whom must have a legal
243	background, one of whom must have a background in financial
244	matters, and one of whom must have a general business
245	background.
246	2.  The initial term of each member appointed by the
247	Governor shall be for 4 years. The initial term of each member
248	appointed by the President of the Senate shall be for 3 years.
249	The initial term of each member appointed by the Speaker of the
250	House of Representatives shall be for 2 years. Succeeding terms
251	for all members shall be for 4 years.
252	3.  A vacancy occurring during a term shall be filled by
253	the respective appointing authority in the same manner as the
254	original appointment and only for the balance of the unexpired
255	term. An appointment to fill a vacancy shall be made within 60
256	days after the occurrence of the vacancy.
257	4.  The commission shall elect one of its members as chair
258	of the commission. The chair shall hold office at the will of
259	the commission. Five members of the commission shall constitute
260	a quorum, and the vote of five members shall be necessary for
261	any action taken by the commission. The commission may meet upon
262	the constitution of a quorum. A vacancy in the commission does
263	not impair the right of a quorum to exercise all rights and
264	perform all duties of the commission.
265	5.  The members of the commission are not entitled to
266	compensation but are entitled to reimbursement for travel and
267	other necessary expenses as provided in s. 112.061.
268	(b)  The commission shall have the primary functions of:
269	1.  Monitoring the efficiency, productivity, and management
270	of all publicly funded passenger rail systems in the state,
271	including, but not limited to, any authority created under
272	chapter 343, chapter 349, or chapter 163 if the authority
273	receives public funds for the provision of passenger rail
274	service. The commission shall advise each monitored authority of
275	its findings and recommendations. The commission shall also
276	conduct periodic reviews of each monitored authority's passenger
277	rail and associated transit operations and budget, acquisition
278	of property, management of revenue and bond proceeds, and
279	compliance with applicable laws and generally accepted
280	accounting principles. The commission may seek the assistance of
281	the Auditor General in conducting such reviews and shall report
282	the findings of such reviews to the Legislature. This paragraph
283	does not preclude the Florida Transportation Commission from
284	conducting its performance and work program monitoring
285	responsibilities.
286	2.  Advising the department on policies and strategies used
287	in planning, designing, building, operating, financing, and
288	maintaining a coordinated statewide system of passenger rail
289	services.
290	3.  Evaluating passenger rail policies and providing advice
291	and recommendations to the Legislature on passenger rail
292	operations in the state.
293	(c)  The commission or a member of the commission may not
294	enter into the day-to-day operation of the department or a
295	monitored authority and is specifically prohibited from taking
296	part in:
297	1.  The awarding of contracts.
298	2.  The selection of a consultant or contractor or the
299	prequalification of any individual consultant or contractor.
300	However, the commission may recommend to the secretary standards
301	and policies governing the procedure for selection and
302	prequalification of consultants and contractors.
303	3.  The selection of a route for a specific project.
304	4.  The specific location of a transportation facility.
305	5.  The acquisition of rights-of-way.
306	6.  The employment, promotion, demotion, suspension,
307	transfer, or discharge of any department personnel.
308	7.  The granting, denial, suspension, or revocation of any
309	license or permit issued by the department.
310	(d)  The commission is assigned to the Office of the
311	Secretary of the Department of Transportation for administrative
312	and fiscal accountability purposes, but it shall otherwise
313	function independently of the control and direction of the
314	department except that reasonable expenses of the commission
315	shall be subject to approval by the Secretary of Transportation.
316	The department shall provide administrative support and service
317	to the commission.
318	(5)(4)(a)  The operations of the department shall be
319	organized into seven districts, each headed by a district
320	secretary, and a turnpike enterprise and a rail enterprise, each
321	enterprise headed by an executive director. The district
322	secretaries and the turnpike executive directors director shall
323	be registered professional engineers in accordance with the
324	provisions of chapter 471 or, in lieu of professional engineer
325	registration, a district secretary or turnpike executive
326	director may hold an advanced degree in an appropriate related
327	discipline, such as a Master of Business Administration. The
328	headquarters of the districts shall be located in Polk,
329	Columbia, Washington, Broward, Volusia, Miami-Dade, and
330	Hillsborough Counties. The headquarters of the turnpike
331	enterprise shall be located in Orange County. The headquarters
332	of the rail enterprise shall be located in Leon County. In order
333	to provide for efficient operations and to expedite the
334	decisionmaking process, the department shall provide for maximum
335	decentralization to the districts.
336	(b)  Each district secretary may appoint up to three
337	district directors or, until July 1, 2005, each district
338	secretary may appoint up to four district directors. These
339	positions are exempt from part II of chapter 110.
340	(c)  Within each district, offices shall be established for
341	managing major functional responsibilities of the department.
342	The heads of these offices shall be exempt from part II of
343	chapter 110.
344	(d)  The district director for the Fort Myers Urban Office
345	of the Department of Transportation is responsible for
346	developing the 5-year Transportation Plan for Charlotte,
347	Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
348	Myers Urban Office also is responsible for providing policy,
349	direction, local government coordination, and planning for those
350	counties.
351	(e)1.  The responsibility for the turnpike system shall be
352	delegated by the secretary to the executive director of the
353	turnpike enterprise, who shall serve at the pleasure of the
354	secretary. The executive director shall report directly to the
355	secretary, and the turnpike enterprise shall operate pursuant to
356	ss. 338.22-338.241.
357	2.  To facilitate the most efficient and effective
358	management of the turnpike enterprise, including the use of best
359	business practices employed by the private sector, the turnpike
360	enterprise, except as provided in s. 287.055, shall be exempt
361	from departmental policies, procedures, and standards, subject
362	to the secretary having the authority to apply any such
363	policies, procedures, and standards to the turnpike enterprise
364	from time to time as deemed appropriate.
365	(f)1.  The responsibility for developing and operating the
366	high-speed and passenger rail systems established in chapter
367	341, directing funding for passenger rail systems under s.
368	341.303, and coordinating publicly funded passenger rail
369	operations in the state, including freight rail interoperability
370	issues, shall be delegated by the secretary to the executive
371	director of the rail enterprise, who shall serve at the pleasure
372	of the secretary. The executive director shall report directly
373	to the secretary, and the rail enterprise shall operate pursuant
374	to ss. 341.8201-341.842.
375	2.  To facilitate the most efficient and effective
376	management of the rail enterprise, including the use of best
377	business practices employed by the private sector, the rail
378	enterprise, except as provided in s. 287.055, shall be exempt
379	from departmental policies, procedures, and standards, subject
380	to the secretary having the authority to apply any such
381	policies, procedures, and standards to the rail enterprise from
382	time to time as deemed appropriate.
383	Section 2.  Paragraph (c) of subsection (1) of section
384	201.15, Florida Statutes, as amended by chapters 2009-21 and
385	2009-68, Laws of Florida, is amended to read:
386	201.15  Distribution of taxes collected.-All taxes
387	collected under this chapter are subject to the service charge
388	imposed in s. 215.20(1). Prior to distribution under this
389	section, the Department of Revenue shall deduct amounts
390	necessary to pay the costs of the collection and enforcement of
391	the tax levied by this chapter. Such costs and the service
392	charge may not be levied against any portion of taxes pledged to
393	debt service on bonds to the extent that the costs and service
394	charge are required to pay any amounts relating to the bonds.
395	After distributions are made pursuant to subsection (1), all of
396	the costs of the collection and enforcement of the tax levied by
397	this chapter and the service charge shall be available and
398	transferred to the extent necessary to pay debt service and any
399	other amounts payable with respect to bonds authorized before
400	January 1, 2010, secured by revenues distributed pursuant to
401	subsection (1). All taxes remaining after deduction of costs and
402	the service charge shall be distributed as follows:
403	(1)  Sixty-three and thirty-one hundredths percent of the
404	remaining taxes shall be used for the following purposes:
405	(c)  After the required payments under paragraphs (a) and
406	(b), the remainder shall be paid into the State Treasury to the
407	credit of:
408	1.  The State Transportation Trust Fund in the Department
409	of Transportation in the amount of the lesser of 38.2 percent of
410	the remainder or $541.75 million in each fiscal year, to be used
411	for the following specified purposes, notwithstanding any other
412	law to the contrary:
413	a.  For the purposes of capital funding for the New Starts
414	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
415	specified in s. 341.051, 10 percent of these funds;
416	b.  For the purposes of the Small County Outreach Program
417	specified in s. 339.2818, 5 percent of these funds. Effective
418	July 1, 2014, the percentage allocated under this sub-
419	subparagraph shall be increased to 10 percent;
420	c.  For the purposes of the Strategic Intermodal System
421	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
422	of these funds after allocating for the New Starts Transit
423	Program described in sub-subparagraph a. and the Small County
424	Outreach Program described in sub-subparagraph b.; and
425	d.  For the purposes of the Transportation Regional
426	Incentive Program specified in s. 339.2819, 25 percent of these
427	funds after allocating for the New Starts Transit Program
428	described in sub-subparagraph a. and the Small County Outreach
429	Program described in sub-subparagraph b. Effective July 1, 2014,
430	the first $60 million of the funds allocated pursuant to this
431	sub-subparagraph shall be allocated annually to the Florida Rail
432	Enterprise for the purposes established in s. 341.303(5).
433	2.  The Grants and Donations Trust Fund in the Department
434	of Community Affairs in the amount of the lesser of .23 percent
435	of the remainder or $3.25 million in each fiscal year, with 92
436	percent to be used to fund technical assistance to local
437	governments and school boards on the requirements and
438	implementation of this act and the remaining amount to be used
439	to fund the Century Commission established in s. 163.3247.
440	3.  The Ecosystem Management and Restoration Trust Fund in
441	the amount of the lesser of 2.12 percent of the remainder or $30
442	million in each fiscal year, to be used for the preservation and
443	repair of the state's beaches as provided in ss. 161.091-
444	161.212.
445	4.  General Inspection Trust Fund in the amount of the
446	lesser of .02 percent of the remainder or $300,000 in each
447	fiscal year to be used to fund oyster management and restoration
448	programs as provided in s. 379.362(3).
449
450	Moneys distributed pursuant to this paragraph may not be pledged
451	for debt service unless such pledge is approved by referendum of
452	the voters.
453	Section 3.  Paragraph (a) of subsection (4) of section
454	339.135, Florida Statutes, is amended to read:
455	339.135  Work program; legislative budget request;
456	definitions; preparation, adoption, execution, and amendment.-
457	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
458	(a)1.  To assure that no district or county is penalized
459	for local efforts to improve the State Highway System, the
460	department shall, for the purpose of developing a tentative work
461	program, allocate funds for new construction to the districts,
462	except for the turnpike enterprise, based on equal parts of
463	population and motor fuel tax collections. Funds for
464	resurfacing, bridge repair and rehabilitation, bridge fender
465	system construction or repair, public transit projects except
466	public transit block grants as provided in s. 341.052, and other
467	programs with quantitative needs assessments shall be allocated
468	based on the results of these assessments. The department may
469	not transfer any funds allocated to a district under this
470	paragraph to any other district except as provided in subsection
471	(7). Funds for public transit block grants shall be allocated to
472	the districts pursuant to s. 341.052. Funds for the intercity
473	bus program provided for under s. 5311(f) of the federal
474	nonurbanized area formula program shall be administered and
475	allocated directly to eligible bus carriers as defined in s.
476	341.031(12) at the state level rather than the district. In
477	order to provide state funding to support the intercity bus
478	program provided for under provisions of the federal 5311(f)
479	program, the department shall allocate an amount equal to the
480	federal share of the 5311(f) program from amounts calculated
481	pursuant to s. 206.46(3).
482	2.  Notwithstanding the provisions of subparagraph 1., the
483	department shall allocate at least 50 percent of any new
484	discretionary highway capacity funds to the Florida Strategic
485	Intermodal System created pursuant to s. 339.61. Any remaining
486	new discretionary highway capacity funds shall be allocated to
487	the districts for new construction as provided in subparagraph
488	1. For the purposes of this subparagraph, the term "new
489	discretionary highway capacity funds" means any funds available
490	to the department above the prior year funding level for
491	capacity improvements, which the department has the discretion
492	to allocate to highway projects.
493	3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
494	334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
495	only, the department shall reduce work program levels to balance
496	the finance plan to the revised funding levels resulting from
497	any reduction in the 2009-2010 General Appropriations Act. This
498	subparagraph expires July 1, 2010.
499	4.  For the 2009-2010 fiscal year only, prior to any
500	project or phase thereof being deferred, the department's cash
501	balances shall be as provided in paragraph (6)(b), and the
502	reductions in subparagraph 3. shall be made to financial
503	projects not programmed for contract letting as identified with
504	a work program contract class code 8 and the box code RV. These
505	reductions shall not negatively impact safety or maintenance or
506	project contingency percentage levels as of April 21, 2009. This
507	subparagraph expires July 1, 2010.
508	5.  Notwithstanding subparagraphs 1. and 2. and ss.
509	206.46(3) and 334.044(26), and for fiscal years 2009-2010
510	through 2013-2014 only, the department shall annually allocate
511	up to $15 million of the first proceeds of the increased
512	revenues estimated by the November 2009 Revenue Estimating
513	Conference to be deposited into the State Transportation Trust
514	Fund to provide for the portion of the transfer of funds
515	included in s. 343.58(4)(a)1.a. or s. 343.58(4)(a)2.a.,
516	whichever is applicable. The transfer of funds included in s.
517	343.58(4) may not negatively impact projects included in fiscal
518	years 2009-2010 through 2013-2014 of the work program as of July
519	1, 2009, as amended pursuant to subsection (7). This
520	subparagraph expires July 1, 2014.
521	Section 4.  Section 343.58, Florida Statutes, is amended to
522	read:
523	343.58  County funding for the South Florida Regional
524	Transportation Authority.-
525	(1)  Each county served by the South Florida Regional
526	Transportation Authority must dedicate and transfer not less
527	than $2.67 million to the authority annually. The recurring
528	annual $2.67 million must be dedicated by the governing body of
529	each county before October 31 of each fiscal year. These funds
530	may be used for capital, operations, and maintenance.
531	(2)  At least $45 million of a state-authorized, local
532	option recurring funding source available to Broward, Miami-
533	Dade, and Palm Beach counties is directed to the authority to
534	fund its capital, operating, and maintenance expenses. The
535	funding source shall be dedicated to the authority only if
536	Broward, Miami-Dade, and Palm Beach counties impose the local
537	option funding source.
538	(3)  In addition, each county shall continue to annually
539	fund the operations of the South Florida Regional Transportation
540	Authority in an amount not less than $1.565 million. Revenue
541	raised pursuant to this subsection shall also be considered a
542	dedicated funding source.
543	(4)  Notwithstanding any other provision of law to the
544	contrary and effective July 1, 2010, the department shall
545	transfer annually from the State Transportation Trust Fund to
546	the South Florida Regional Transportation Authority the amounts
547	specified in subparagraph (a)1. or subparagraph (a)2.
548	(a)1.  If the authority becomes responsible for maintaining
549	and dispatching the South Florida Rail Corridor:
550	a.  $15 million from the State Transportation Trust Fund to
551	the South Florida Regional Transportation Authority for
552	operations, maintenance, and dispatch; and
553	b.  An amount no less than the work program commitments
554	equal to $27.1 million for fiscal year 2010-2011, as of July 1,
555	2009, for operating assistance to the authority and corridor
556	track maintenance and contract maintenance for the South Florida
557	Rail Corridor.
558	2.  If the authority does not become responsible for
559	maintaining and dispatching the South Florida Rail Corridor:
560	a.  $13.3 million from the State Transportation Trust Fund
561	to the South Florida Regional Transportation Authority for
562	operations; and
563	b.  An amount no less than the work program commitments
564	equal to $17.3 million for fiscal year 2010-2011, as of July 1,
565	2009, for operating assistance to the authority.
566	(b)  Funding required by this subsection may not be
567	provided from the funds dedicated to the Florida Rail Enterprise
568	under s. 201.15(1)(c)1.d.
569	(5)(4)  The current funding obligations under subsections
570	(1), and (3), and (4) shall cease upon commencement of the
571	collection of funding from the funding source under subsection
572	(2). If the funding under subsection (2) is discontinued for any
573	reason, the funding obligations under subsections (1) and (3)
574	shall resume when collection from the funding source under
575	subsection (2) ceases. Payment by the counties shall be on a pro
576	rata basis the first year following cessation of the funding
577	under subsection (2). The authority shall refund a pro rata
578	share of the payments for the current fiscal year made pursuant
579	to the current funding obligations under subsections (1) and (3)
580	as soon as reasonably practicable after it begins to receive
581	funds under subsection (2). If, by December 31, 2015, the South
582	Florida Regional Transportation Authority has not received
583	federal matching funds based upon the dedication of funds under
584	subsection (1), subsection (1) shall be repealed.
585	Section 5.  Section 341.301, Florida Statutes, is amended
586	to read:
587	341.301  Definitions; ss. 341.302-341.303 ss. 341.302 and
588	341.303.-As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
589	the term:
590	(1)  "Ancillary development" includes any lessee or
591	licensee of the department, including other governmental
592	entities, vendors, retailers, restaurateurs, or contract service
593	providers, within a department-owned rail corridor, except for
594	providers of commuter rail service, intercity rail passenger
595	service, or freight rail service. The term includes air and
596	subsurface rights, services that provide a local area network
597	for devices for transmitting data over wireless networks, and
598	advertising.
599	(2)(1)  "Branch line continuance project" means a project
600	that involves branch line rehabilitation, new connecting track,
601	rail banking, and other similar types of projects, including
602	those specifically identified in the federal Railroad
603	Revitalization and Regulatory Reform Act of 1976, and subsequent
604	amendments to that act.
605	(3)  "Commuter rail passenger" or "passengers" means all
606	persons, ticketed or unticketed, using the commuter rail service
607	on a department-owned rail corridor:
608	(a)  On board trains, locomotives, rail cars, or rail
609	equipment employed in commuter rail service or entraining
610	thereon and detraining therefrom;
611	(b)  On or about the rail corridor for any purpose related
612	to the commuter rail service, including parking, inquiring about
613	commuter rail service, or purchasing tickets therefor, and
614	coming to, waiting for, leaving from, or observing trains,
615	locomotives, rail cars, or rail equipment; or
616	(c)  Meeting, assisting, or in the company of any person
617	described in paragraph (a) or paragraph (b).
618	(4)  "Commuter rail service" means the transportation of
619	commuter rail passengers and other passengers by rail pursuant
620	to a rail program provided by the department or any other
621	governmental entity.
622	(5)  "Governmental entity" or "entities" has the same
623	meaning as provided in s. 11.45, including a "public agency" as
624	defined in s. 163.01.
625	(6)(2)  "Intercity rail transportation system" means the
626	network of railroad facilities used or available for interstate
627	and intrastate passenger and freight operations by railroads,
628	whether or not on a schedule or whether or not restricted.
629	(7)  "Limited covered accident" means a collision directly
630	between the trains, locomotives, rail cars, or rail equipment of
631	the department and the freight rail operator only, where the
632	collision is caused by or arising from the willful misconduct of
633	the freight rail operator or its subsidiaries, agents,
634	licensees, employees, officers, or directors or where punitive
635	damages or exemplary damages are awarded due to the conduct of
636	the freight rail operator or its subsidiaries, agents,
637	licensees, employees, officers, or directors.
638	(8)  "Rail corridor" means a linear contiguous strip of
639	real property that is used for rail service. The term includes
640	the corridor and structures essential to railroad operations,
641	including the land, structures, improvements, rights-of-way,
642	easements, rail lines, rail beds, guideway structures, switches,
643	yards, parking facilities, power relays, switching houses, rail
644	stations, any ancillary development, and any other facilities or
645	equipment used for the purposes of construction, operation, or
646	maintenance of a railroad that provides rail service.
647	(9)  "Rail corridor invitee" means all persons who are on
648	or about a department-owned rail corridor:
649	(a)  For any purpose related to any ancillary development
650	thereon; or
651	(b)  Meeting, assisting, or in the company of any person
652	described in paragraph (a).
653	(10)(3)  "Rail programs" means those programs administered
654	by the state or other governmental entities which involve
655	projects affecting the movement of people or goods by rail lines
656	that have been or will be constructed to serve freight or
657	passenger markets within a city or between cities.
658	(11)(4)  "Rail service development project" means a project
659	undertaken by a public agency to determine whether a new or
660	innovative technique or measure can be utilized to improve or
661	expand rail service. The duration of the project funding shall
662	be limited according to the type of project and in no case shall
663	exceed 3 years. Rail service development projects include those
664	projects and other actions undertaken to enhance railroad
665	operating efficiency or increased rail service, including
666	measures that result in improved speed profiles, operations, or
667	technological applications that lead to reductions in operating
668	costs and increases in productivity or service.
669	(12)(5)  "Railroad" or "rail system" means any common
670	carrier fixed-guideway transportation system such as the
671	conventional steel rail-supported, steel-wheeled system as well
672	as the high-speed rail system defined in s. 341.8203. The term
673	does not include a high-speed rail line developed by the
674	Department of Transportation pursuant to ss. 341.8201-341.842.
675	(13)(6)  "Railroad capital improvement project" means a
676	project identified by the rail component of the Florida
677	Transportation Plan, which project involves the leasing,
678	acquisition, design, construction, reconstruction, or
679	improvement to the existing intercity rail transportation system
680	or future segments thereof, including such items as locomotives
681	and other rolling stock, tracks, terminals, and rights-of-way
682	for the continuance or expansion of rail service as necessary to
683	ensure the continued effectiveness of the state's rail
684	facilities and systems in meeting mobility and industrial
685	development needs.
686	(14)  "Railroad operations" means the use of the rail
687	corridor to conduct commuter rail service, intercity rail
688	passenger service, or freight rail service.
689	(15)(7)  "Train" means any locomotive engine that is
690	powered by diesel fuel, electricity, or other means, with or
691	without cars coupled thereto, and operated upon a railroad track
692	or any other form of fixed guideway, except that the term does
693	not include a light rail vehicle such as a streetcar or people
694	mover.
695	Section 6.  Section 341.302, Florida Statutes, is amended
696	to read:
697	341.302  Rail program;, duties and responsibilities of the
698	department.-The department, in conjunction with other
699	governmental entities, including the rail enterprise units and
700	the private sector, shall develop and implement a rail program
701	of statewide application designed to ensure the proper
702	maintenance, safety, revitalization, and expansion of the rail
703	system to assure its continued and increased availability to
704	respond to statewide mobility needs. Within the resources
705	provided pursuant to chapter 216, and as authorized under
706	federal law Title 49 C.F.R. part 212, the department shall:
707	(1)  Provide the overall leadership, coordination, and
708	financial and technical assistance necessary to assure the
709	effective responses of the state's rail system to current and
710	anticipated mobility needs.
711	(2)  Promote and facilitate the implementation of advanced
712	rail systems, including high-speed rail and magnetic levitation
713	systems.
714	(3)  Develop and periodically update the rail system plan,
715	on the basis of an analysis of statewide transportation needs.
716	(a)  The plan may contain detailed regional components,
717	consistent with regional transportation plans, as needed to
718	ensure connectivity within the state's regions, and it shall be
719	consistent with the Florida Transportation Plan developed
720	pursuant to s. 339.155. The rail system plan shall include an
721	identification of priorities, programs, and funding levels
722	required to meet statewide and regional needs. The rail system
723	plan shall be developed in a manner that will assure the maximum
724	use of existing facilities and the optimum integration and
725	coordination of the various modes of transportation, public and
726	private, in the most cost-effective manner possible. The rail
727	system plan shall be updated no later than January 1, 2011, and
728	at least every 5 2 years thereafter, and include plans for both
729	passenger rail service and freight rail service, accompanied by
730	a report to the Legislature regarding the status of the plan.
731	(b)  In recognition of the department's role in the
732	enhancement of the state's rail system to improve freight and
733	passenger mobility, the department shall:
734	1.  Work closely with all affected communities along an
735	impacted freight rail corridor to identify and address
736	anticipated impacts associated with an increase in freight rail
737	traffic due to implementation of passenger rail.
738	2.  In coordination with the affected local governments and
739	CSX Transportation, Inc., finalize all viable alternatives from
740	the department's Rail Traffic Evaluation Study to identify and
741	develop an alternative route for through freight rail traffic
742	moving through Central Florida, including the counties of Polk
743	and Hillsborough, which would address, to the extent
744	practicable, the effects of commuter rail.
745	3.  Provide technical assistance to a coalition of local
746	governments in Central Florida, including the counties of
747	Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
748	Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
749	Sumter, and Volusia, and the municipalities within those
750	counties, to develop a regional rail system plan that addresses
751	passenger and freight opportunities in the region, is consistent
752	with the Florida Rail System Plan, and incorporates appropriate
753	elements of the Tampa Bay Area Regional Authority Master Plan,
754	the Metroplan Orlando Regional Transit System Concept Plan,
755	including the SunRail project, and the Florida Department of
756	Transportation Alternate Rail Traffic Evaluation.
757	(4)  As part of the work program of the department,
758	formulate a specific program of projects and financing to
759	respond to identified railroad needs.
760	(5)  Provide technical and financial assistance to units of
761	local government to address identified rail transportation
762	needs.
763	(6)  Secure and administer federal grants, loans, and
764	apportionments for rail projects within this state when
765	necessary to further the statewide program.
766	(7)  Develop and administer state standards concerning the
767	safety and performance of rail systems, hazardous material
768	handling, and operations. Such standards shall be developed
769	jointly with representatives of affected rail systems, with full
770	consideration given to nationwide industry norms, and shall
771	define the minimum acceptable standards for safety and
772	performance.
773	(8)  Conduct, at a minimum, inspections of track and
774	rolling stock; train signals and related equipment; hazardous
775	materials transportation, including the loading, unloading, and
776	labeling of hazardous materials at shippers', receivers', and
777	transfer points; and train operating practices to determine
778	adherence to state and federal standards. Department personnel
779	may enforce any safety regulation issued under the Federal
780	Government's preemptive authority over interstate commerce.
781	(9)  Assess penalties, in accordance with the applicable
782	federal regulations, for the failure to adhere to the state
783	standards.
784	(10)  Administer rail operating and construction programs,
785	which programs shall include the regulation of maximum train
786	operating speeds, the opening and closing of public grade
787	crossings, the construction and rehabilitation of public grade
788	crossings, and the installation of traffic control devices at
789	public grade crossings, the administering of the programs by the
790	department including participation in the cost of the programs.
791	(11)  Coordinate and facilitate the relocation of railroads
792	from congested urban areas to nonurban areas when relocation has
793	been determined feasible and desirable from the standpoint of
794	safety, operational efficiency, and economics.
795	(12)  Implement a program of branch line continuance
796	projects when an analysis of the industrial and economic
797	potential of the line indicates that public involvement is
798	required to preserve essential rail service and facilities.
799	(13)  Provide new rail service and equipment when:
800	(a)  Pursuant to the transportation planning process, a
801	public need has been determined to exist;
802	(b)  The cost of providing such service does not exceed the
803	sum of revenues from fares charged to users, services purchased
804	by other public agencies, local fund participation, and specific
805	legislative appropriation for this purpose; and
806	(c)  Service cannot be reasonably provided by other
807	governmental or privately owned rail systems.
808
809	The department may own, lease, and otherwise encumber
810	facilities, equipment, and appurtenances thereto, as necessary
811	to provide new rail services; or the department may provide such
812	service by contracts with privately owned service providers.
813	(14)  Furnish required emergency rail transportation
814	service if no other private or public rail transportation
815	operation is available to supply the required service and such
816	service is clearly in the best interest of the people in the
817	communities being served. Such emergency service may be
818	furnished through contractual arrangement, actual operation of
819	state-owned equipment and facilities, or any other means
820	determined appropriate by the secretary.
821	(15)  Assist in the development and implementation of
822	marketing programs for rail services and of information systems
823	directed toward assisting rail systems users.
824	(16)  Conduct research into innovative or potentially
825	effective rail technologies and methods and maintain expertise
826	in state-of-the-art rail developments.
827	(17)  In conjunction with the acquisition, ownership,
828	construction, operation, maintenance, and management of a rail
829	corridor, have the authority to:
830	(a)  Assume the obligation by contract to forever protect,
831	defend, indemnify, and hold harmless the freight rail operator,
832	or its successors, from whom the department has acquired a real
833	property interest in the rail corridor, and that freight rail
834	operator's officers, agents, and employees, from and against any
835	liability, cost, and expense, including, but not limited to,
836	commuter rail passengers and rail corridor invitees in the rail
837	corridor, regardless of whether the loss, damage, destruction,
838	injury, or death giving rise to any such liability, cost, or
839	expense is caused in whole or in part, and to whatever nature or
840	degree, by the fault, failure, negligence, misconduct,
841	nonfeasance, or misfeasance of such freight rail operator, its
842	successors, or its officers, agents, and employees, or any other
843	person or persons whomsoever, provided that such assumption of
844	liability of the department by contract shall not in any
845	instance exceed the following parameters of allocation of risk:
846	1.  The department may be solely responsible for any loss,
847	injury, or damage to commuter rail passengers, or rail corridor
848	invitees, or trespassers, regardless of circumstances or cause,
849	subject to subparagraphs 2., 3., 4., 5., and 6.
850	2.  In the event of a limited covered accident, the
851	authority of the department to protect, defend and indemnify the
852	freight operator for all liability, cost and expense, including
853	punitive or exemplary damages, in excess of the deductible or
854	self-insurance retention fund established under paragraph (b)
855	and actually in force at the time of the limited covered
856	accident exists only if the freight operator agrees, with
857	respect to the limited covered accident, to protect, defend, and
858	indemnify the department for the amount of the deductible or
859	self-insurance retention fund established under paragraph (b)
860	and actually in force at the time of the limited covered
861	accident.
862	3.  When only one train is involved in an incident, the
863	department may be solely responsible for any loss, injury, or
864	damage if the train is a department train or other train
865	pursuant to subparagraph 4., but only if when an incident occurs
866	with only a freight train involved, including incidents with
867	trespassers or at grade crossings, the freight rail operator is
868	solely responsible for any loss, injury, or damage, except for
869	commuter rail passengers and rail corridor invitees.
870	4.  For the purposes of this subsection, any train involved
871	in an incident that is neither the department's train nor the
872	freight rail operator's train, hereinafter referred to in this
873	subsection as an "other train," may be treated as a department
874	train, solely for purposes of any allocation of liability
875	between the department and the freight rail operator only, but
876	only if the department and the freight rail operator share
877	responsibility equally as to third parties outside the rail
878	corridor who incur loss, injury, or damage as a result of any
879	incident involving both a department train and a freight rail
880	operator train, and the allocation as between the department and
881	the freight rail operator, regardless of whether the other train
882	is treated as a department train, shall remain one-half each as
883	to third parties outside the rail corridor who incur loss,
884	injury, or damage as a result of the incident. The involvement
885	of any other train shall not alter the sharing of equal
886	responsibility as to third parties outside the rail corridor who
887	incur loss, injury, or damage as a result of the incident.
888	5.  When more than one train is involved in an incident:
889	a.  If only a department train and freight rail operator's
890	train, or only an other train as described in subparagraph 4.
891	and a freight rail operator's train, are involved in an
892	incident, the department may be responsible for its property and
893	all of its people, all commuter rail passengers, rail corridor
894	invitees, but only if the freight rail operator is responsible
895	for its property and all of its people, and the department and
896	the freight rail operator each share one-half responsibility as
897	to trespassers or third parties outside the rail corridor who
898	incur loss, injury, or damage as a result of the incident.
899	b.  If a department train, a freight rail operator train,
900	and any other train are involved in an incident, the allocation
901	of liability between the department and the freight rail
902	operator, regardless of whether the other train is treated as a
903	department train, shall remain one-half each as to third parties
904	outside the rail corridor who incur loss, injury, or damage as a
905	result of the incident; the involvement of any other train shall
906	not alter the sharing of equal responsibility as to third
907	parties outside the rail corridor who incur loss, injury, or
908	damage as a result of the incident; and, if the owner, operator,
909	or insurer of the other train makes any payment to injured third
910	parties outside the rail corridor who incur loss, injury, or
911	damage as a result of the incident, the allocation of credit
912	between the department and the freight rail operator as to such
913	payment shall not in any case reduce the freight rail operator's
914	third-party-sharing allocation of one-half under this paragraph
915	to less than one-third of the total third party liability.
916	6.  Any such contractual duty to protect, defend,
917	indemnify, and hold harmless such a freight rail operator shall
918	expressly include a specific cap on the amount of the
919	contractual duty, which amount shall not exceed $200 million
920	without prior legislative approval, and the department to
921	purchase liability insurance and establish a self-insurance
922	retention fund in the amount of the specific cap established
923	under this subparagraph, provided that:
924	a.  No such contractual duty shall in any case be effective
925	nor otherwise extend the department's liability in scope and
926	effect beyond the contractual liability insurance and self-
927	insurance retention fund required pursuant to this paragraph;
928	and
929	b.  The freight rail operator's compensation to the
930	department for future use of the department's rail corridor
931	shall include a monetary contribution to the cost of such
932	liability coverage for the sole benefit of the freight rail
933	operator.
934	(b)  Purchase liability insurance, which amount shall not
935	exceed $200 million, and establish a self-insurance retention
936	fund for the purpose of paying the deductible limit established
937	in the insurance policies it may obtain, including coverage for
938	the department, any freight rail operator as described in
939	paragraph (a), commuter rail service providers, governmental
940	entities, or any ancillary development, which self-insurance
941	retention fund or deductible shall not exceed $10 million. The
942	insureds shall pay a reasonable monetary contribution to the
943	cost of such liability coverage for the sole benefit of the
944	insured. Such insurance and self-insurance retention fund may
945	provide coverage for all damages, including, but not limited to,
946	compensatory, special, and exemplary, and be maintained to
947	provide an adequate fund to cover claims and liabilities for
948	loss, injury, or damage arising out of or connected with the
949	ownership, operation, maintenance, and management of a rail
950	corridor.
951	(c)  Incur expenses for the purchase of advertisements,
952	marketing, and promotional items.
953
954	Neither the assumption by contract to protect, defend,
955	indemnify, and hold harmless; the purchase of insurance; nor the
956	establishment of a self-insurance retention fund shall be deemed
957	to be a waiver of any defense of sovereign immunity for torts
958	nor deemed to increase the limits of the department's or the
959	governmental entity's liability for torts as provided in s.
960	768.28. The requirements of s. 287.022(1) shall not apply to the
961	purchase of any insurance under this subsection. The provisions
962	of this subsection shall apply and inure fully as to any other
963	governmental entity providing commuter rail service and
964	constructing, operating, maintaining, or managing a rail
965	corridor on publicly owned right-of-way under contract by the
966	governmental entity with the department or a governmental entity
967	designated by the department. Notwithstanding any law to the
968	contrary, procurement for the construction, operation,
969	maintenance, and management of any rail corridor described in
970	this subsection, whether by the department, a governmental
971	entity under contract with the department, or a governmental
972	entity designated by the department, shall be pursuant to s.
973	287.057 and shall include, but not be limited to, criteria for
974	the consideration of qualifications, technical aspects of the
975	proposal, and price. Further, any such contract for design-build
976	shall be procured pursuant to the criteria in s. 337.11(7).
977	(18)(17)  Exercise such other functions, powers, and duties
978	in connection with the rail system plan as are necessary to
979	develop a safe, efficient, and effective statewide
980	transportation system.
981	Section 7.  The Department of Transportation may complete
982	an escrowed closing on the pending Central Florida Rail Corridor
983	acquisition; however, the drawdown of such escrowed closing
984	shall not occur unless and until final Federal Transit
985	Administration full-funding grant agreement approval is obtained
986	for the proposed Central Florida Commuter Rail Transit Project
987	Initial Operating Segment.
988	Section 8.  Effective July 1, 2010, subsection (4) of
989	section 341.303, Florida Statutes, is amended, and subsections
990	(5) and (6) are added to that section, to read:
991	341.303  Funding authorization and appropriations;
992	eligibility and participation.-
993	(4)  FUND PARTICIPATION; OPERATING COSTS SERVICE
994	DEVELOPMENT.-
995	(a)  The department is authorized to fund up to 100 50
996	percent of the net operating costs of any eligible intercity or
997	commuter rail system for up to 7 years, beginning from the open-
998	to-service date service development project that is local in
999	scope, not to exceed the local match.
1000	(b)  The department is authorized to fund up to 100 percent
1001	of the net operating costs of any eligible intercity or commuter
1002	rail service development project that is statewide in scope or
1003	involves more than one county if no other governmental unit of
1004	appropriate jurisdiction exists. For commuter rail service,
1005	after the 5th year of operation, the department's participation
1006	is limited to a maximum of 50 percent of the net operating costs
1007	of the service.
1008	(c)  Each such local or statewide service development
1009	project shall be identified in the appropriation request of the
1010	department in a manner that defines project objectives, the
1011	assigned operational and financial responsibilities, the
1012	timeframe required to develop the service, and the criteria by
1013	which the success of the project can be judged.
1014	(d)  Any service development project funded under this
1015	section shall continue to be eligible for such funds only if the
1016	project reaches a systemwide operating ratio of 25 percent or
1017	more during the 5th year.
1018	(b)(e)  The term "net operating costs" means all operating
1019	costs of the project less any federal funds, fares, or other
1020	sources of income to the project.
1021	(5)  FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.-
1022	(a)  The department, through the Florida Rail Enterprise,
1023	is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1024	fund up to 50 percent of the nonfederal share of the costs of
1025	any eligible passenger rail capital improvement project.
1026	(b)  The department, through the Florida Rail Enterprise,
1027	is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1028	fund up to 100 percent of planning and development costs related
1029	to the provision of a passenger rail system, including, but not
1030	limited to, preliminary engineering, revenue studies,
1031	environmental impact studies, financial advisory services,
1032	engineering design, and other appropriate professional services.
1033	(c)  The department, through the Florida Rail Enterprise,
1034	is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1035	fund the high-speed rail system.
1036	(d)  The department, through the Florida Rail Enterprise,
1037	is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1038	fund projects necessary to identify or address anticipated
1039	impacts of increased freight rail traffic resulting from the
1040	implementation of passenger rail systems as provided in s.
1041	341.302(3)(b).
1042	(6)  FLORIDA RAIL ENTERPRISE; BUDGET.-
1043	(a)  The Florida Rail Enterprise shall be a single budget
1044	entity and shall develop a budget pursuant to chapter 216. The
1045	enterprise's budget shall be submitted to the Legislature along
1046	with the department's budget. All passenger rail funding by the
1047	department shall be included in this budget entity.
1048	(b)  Notwithstanding the provisions of s. 216.301 to the
1049	contrary and in accordance with s. 216.351, the Executive Office
1050	of the Governor shall, on July 1 of each year, certify forward
1051	all unexpended funds appropriated or provided pursuant to this
1052	section for the enterprise. Of the unexpended funds certified
1053	forward, any unencumbered amounts shall be carried forward. Such
1054	funds carried forward shall not exceed 5 percent of the original
1055	approved operating budget of the enterprise pursuant to s.
1056	216.181(1). Funds carried forward pursuant to this section may
1057	be used for any lawful purpose, including, but not limited to,
1058	promotional and market activities, technology, and training. Any
1059	certified-forward funds remaining undisbursed on September 30 of
1060	each year shall be carried forward.
1061	Section 9.  Section 341.8201, Florida Statutes, is amended
1062	to read:
1063	341.8201  Short title.-Sections 341.8201-341.842 may be
1064	cited as the "Florida High-Speed Rail Enterprise Authority Act."
1065	Section 10.  Section 341.8202, Florida Statutes, is
1066	repealed.
1067	Section 11.  Section 341.8203, Florida Statutes, is amended
1068	to read:
1069	341.8203  Definitions.-As used in ss. 341.8201-341.842 this
1070	act, unless the context clearly indicates otherwise, the term:
1071	(1)  "Associated development" means property, equipment,
1072	buildings, or other related ancillary facilities which are
1073	built, installed, used, or established to provide financing,
1074	funding, or revenues for the planning, building, managing, and
1075	operation of a high-speed rail system and which are associated
1076	with or part of the rail stations. The term includes air and
1077	subsurface rights, services that provide local area network
1078	devices for transmitting data over wireless networks, property,
1079	including air rights, necessary for joint development, such as
1080	parking facilities, retail establishments, restaurants, hotels,
1081	offices, advertising, or other commercial, civic, residential,
1082	or support facilities, and may also include property necessary
1083	to protect or preserve the rail station area by reducing urban
1084	blight or traffic congestion or property necessary to accomplish
1085	any of the purposes set forth in this subsection which are
1086	reasonably anticipated or necessary.
1087	(2)  "Enterprise" means the Florida Rail Enterprise.
1088	"Authority" means the Florida High-Speed Rail Authority and its
1089	agents. However, for purposes of s. 341.840, the term does not
1090	include any agent of the authority except as provided in that
1091	section.
1092	(3)  "Central Florida" means the counties of Lake,
1093	Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,
1094	Hernando, Pasco, Hillsborough, Pinellas, and Polk.
1095	(4)  "DBOM contract" means the document and all concomitant
1096	rights approved by the authority providing the selected person
1097	or entity the exclusive right to design, build, operate, and
1098	maintain a high-speed rail system.
1099	(5)  "DBOM & F contract" means the document and all
1100	concomitant rights approved by the authority providing the
1101	selected person or entity the exclusive right to design, build,
1102	operate, maintain, and finance a high-speed rail system.
1103	(3)(6)  "High-speed rail system" means any high-speed fixed
1104	guideway system for transporting people or goods, which system
1105	is, by definition of the United States Department of
1106	Transportation, reasonably expected to reach speeds of at least
1107	110 capable of operating at speeds in excess of 120 miles per
1108	hour, including, but not limited to, a monorail system, dual
1109	track rail system, suspended rail system, magnetic levitation
1110	system, pneumatic repulsion system, or other system approved by
1111	the enterprise authority. The term includes a corridor,
1112	associated intermodal connectors, and structures essential to
1113	the operation of the line, including the land, structures,
1114	improvements, rights-of-way, easements, rail lines, rail beds,
1115	guideway structures, switches, yards, parking facilities, power
1116	relays, switching houses, and rail stations and also includes
1117	facilities or equipment used exclusively for the purposes of
1118	design, construction, operation, maintenance, or the financing
1119	of the high-speed rail system.
1120	(4)(7)  "Joint development" means the planning, managing,
1121	financing, or constructing of projects adjacent to, functionally
1122	related to, or otherwise related to a high-speed rail system
1123	pursuant to agreements between any person, firm, corporation,
1124	association, organization, agency, or other entity, public or
1125	private.
1126	(8)  "Northeast Florida" means the counties of Nassau,
1127	Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
1128	(9)  "Northwest Florida" means the counties of Escambia,
1129	Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson,
1130	Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, Jefferson,
1131	Madison, Wakulla, Taylor, Hamilton, Suwannee, Columbia, Baker,
1132	Union, Lafayette, Gilchrist, Dixie, Bradford, and Levy.
1133	(5)(10)  "Rail station," "station," or "high-speed rail
1134	station" means any structure or transportation facility that is
1135	part of a high-speed rail system designed to accommodate the
1136	movement of passengers from one mode of transportation to
1137	another at which passengers board or disembark from
1138	transportation conveyances and transfer from one mode of
1139	transportation to another.
1140	(6)(11)  "Selected person or entity" means the person or
1141	entity to whom the enterprise authority awards a contract under
1142	s. 341.834 to establish a high-speed rail system pursuant to ss.
1143	341.8201-341.842 this act.
1144	(12)  "Southeast Florida" means the counties of Broward,
1145	Monroe, Miami-Dade, Indian River, St. Lucie, Martin, Okeechobee,
1146	and Palm Beach.
1147	(13)  "Southwest Florida" means the counties of Manatee,
1148	Hardee, DeSoto, Sarasota, Highlands, Charlotte, Glades, Lee,
1149	Hendry, and Collier.
1150	(14)  "Urban areas" means Central Florida, Northeast
1151	Florida, Northwest Florida, Southeast Florida, and Southwest
1152	Florida.
1153	Section 12.  Section 341.821, Florida Statutes, is
1154	repealed.
1155	Section 13.  Section 341.822, Florida Statutes, is amended
1156	to read:
1157	341.822  Powers and duties.-
1158	(1)  The enterprise authority created and established by
1159	this act shall locate, plan, design, finance, construct,
1160	maintain, own, operate, administer, and manage the high-speed
1161	rail system in the state.
1162	(2)(a)  In addition to the powers granted to the
1163	department, the enterprise has full authority to exercise all
1164	powers granted to it under this chapter. Powers shall include,
1165	but are not limited to, the ability to plan, construct,
1166	maintain, repair, and operate a high-speed rail system, to
1167	acquire corridors, and to coordinate the development and
1168	operation of publicly funded passenger rail systems in the
1169	state. The authority may exercise all powers granted to
1170	corporations under the Florida Business Corporation Act, chapter
1171	607, except the authority may only incur debt in accordance with
1172	levels authorized by the Legislature.
1173	(b)  It is the express intention of ss. 341.8201-341.842
1174	that the enterprise be authorized to plan, develop, own,
1175	purchase, lease, or otherwise acquire, demolish, construct,
1176	improve, relocate, equip, repair, maintain, operate, and manage
1177	the high-speed rail system; to expend funds to publicize,
1178	advertise, and promote the advantages of using the high-speed
1179	rail system and its facilities; and to cooperate, coordinate,
1180	partner, and contract with other entities, public and private,
1181	to accomplish these purposes.
1182	(3)  The authority shall have perpetual succession as a
1183	body politic and corporate.
1184	(3)(4)  The enterprise shall have the authority to employ
1185	procurement methods available to the department under chapters
1186	255, 287, 334, and 337, or otherwise in accordance with law. The
1187	enterprise may also solicit proposals and, with legislative
1188	approval as evidenced by approval of the project in the
1189	department's work program, enter into agreements with private
1190	entities, or consortia thereof, for the building, operation,
1191	ownership, or financing of the high-speed rail system authority
1192	is authorized to seek and obtain federal matching funds or any
1193	other funds to fulfill the requirements of this act either
1194	directly or through the Department of Transportation.
1195	(4)(5)  The authority may employ an executive director of
1196	the enterprise shall appoint staff, who shall be exempt from
1197	part II of chapter 110 as it may require and shall determine the
1198	qualifications and fix the compensation. The authority may
1199	delegate to one or more of its agents or employees such of its
1200	power as it deems necessary to carry out the purposes of this
1201	act, subject always to the supervision and control of the
1202	authority.
1203	(5)  The powers conferred upon the enterprise under ss.
1204	341.8201-341.842 shall be in addition and supplemental to the
1205	existing powers of the department, and these powers shall not be
1206	construed as repealing any provision of any other law, general
1207	or local, but shall supersede such other laws that are
1208	inconsistent with the exercise of the powers provided under ss.
1209	341.8201-341.842 and provide a complete method for the exercise
1210	of such powers granted.
1211	(6)  Any proposed rail enterprise project or improvement
1212	shall be developed in accordance with the Florida Transportation
1213	Plan and the work program under s. 339.135.
1214	Section 14.  Section 341.8225, Florida Statutes, is created
1215	to read:
1216	341.8225  Department of Transportation sole governmental
1217	entity to acquire, construct, or operate high-speed rail
1218	projects; exception.-
1219	(1)  No governmental entity other than the department may
1220	acquire, construct, maintain, or operate the high-speed rail
1221	system except upon specific authorization of the Legislature.
1222	(2)  Local governmental entities, as defined in s.
1223	334.03(14), may negotiate with the department for the design,
1224	right-of-way acquisition, and construction of any component of
1225	the high-speed rail system within areas of their respective
1226	jurisdictions or within counties with which they have interlocal
1227	agreements.
1228	Section 15.  Sections 341.823, 341.824, 341.827, 341.828,
1229	341.829, 341.830, 341.831, 341.832, 341.833, 341.834, and
1230	341.835, Florida Statutes, are repealed.
1231	Section 16.  Section 341.836, Florida Statutes, is amended
1232	to read:
1233	341.836  Associated development.-
1234	(1)  The enterprise authority, alone or as part of a joint
1235	development, may undertake development of associated
1236	developments to be a source of revenue for the establishment,
1237	construction, operation, or maintenance of the high-speed rail
1238	system. Such associated developments must be associated with a
1239	rail station and have pedestrian ingress to and egress from the
1240	rail station; be consistent, to the extent feasible, with
1241	applicable local government comprehensive plans and local land
1242	development regulations; and otherwise be in compliance with ss.
1243	341.8201-341.842 the provisions of this act.
1244	(2)  Sections 341.8201-341.842 do This act does not
1245	prohibit the enterprise authority, the selected person or
1246	entity, or a party to a joint venture with the enterprise
1247	authority or its selected person or entity from obtaining
1248	approval, pursuant to any other law, for any associated
1249	development that is reasonably related to the high-speed rail
1250	system.
1251	Section 17.  Section 341.837, Florida Statutes, is
1252	repealed.
1253	Section 18.  Section 341.838, Florida Statutes, is amended
1254	to read:
1255	341.838  Fares, rates, rents, fees, and charges.-
1256	(1)  The enterprise may establish authority is authorized
1257	to fix, revise, charge, and collect fares, rates, rents, fees,
1258	charges, and revenues for the use of and for the services
1259	furnished, or to be furnished, by the system and to contract
1260	with any person, partnership, association, corporation, or other
1261	body, public or private, in respect thereof. Such fares, rates,
1262	rents, fees, and charges shall be reviewed annually by the
1263	enterprise authority and may be adjusted as set forth in the
1264	contract setting such fares, rates, rents, fees, or charges. The
1265	funds collected pursuant to this section hereunder shall, with
1266	any other funds available, be used to pay the cost of all
1267	administrative expenses of the authority, and the cost of
1268	designing, building, operating, financing, and maintaining the
1269	system and each and every portion thereof, to the extent that
1270	the payment of such cost has not otherwise been adequately
1271	provided for.
1272	(2)  Fares, rates, rents, fees, and charges established
1273	fixed, revised, charged, and collected by the enterprise
1274	pursuant to this section shall not be subject to supervision or
1275	regulation by any other department, commission, board, body,
1276	bureau, or agency of this state other than the enterprise
1277	authority.
1278	Section 19.  Section 341.839, Florida Statutes, is amended
1279	to read:
1280	341.839  Alternate means.-Sections 341.8201-341.842 The
1281	foregoing sections of this act shall be deemed to provide an
1282	additional and alternative method for accomplishing the purposes
1283	authorized therein, and are shall be regarded as supplemental
1284	and additional to powers conferred by other laws. Except as
1285	otherwise expressly provided in ss. 341.8201-341.842 this act,
1286	none of the powers granted to the enterprise authority under ss.
1287	341.8201-341.842 are the provisions of this act shall be subject
1288	to the supervision or require the approval or consent of any
1289	municipality or political subdivision or any commission, board,
1290	body, bureau, or official.
1291	Section 20.  Section 341.841, Florida Statutes, is
1292	repealed.
1293	Section 21.  Paragraphs (j) and (m) of subsection (2) of
1294	section 110.205, Florida Statutes, are amended to read:
1295	110.205  Career service; exemptions.-
1296	(2)  EXEMPT POSITIONS.-The exempt positions that are not
1297	covered by this part include the following:
1298	(j)  The appointed secretaries and the State Surgeon
1299	General, assistant secretaries, deputy secretaries, and deputy
1300	assistant secretaries of all departments; the executive
1301	directors, assistant executive directors, deputy executive
1302	directors, and deputy assistant executive directors of all
1303	departments; the directors of all divisions and those positions
1304	determined by the department to have managerial responsibilities
1305	comparable to such positions, which positions include, but are
1306	not limited to, program directors, assistant program directors,
1307	district administrators, deputy district administrators, the
1308	Director of Central Operations Services of the Department of
1309	Children and Family Services, the State Transportation
1310	Development Administrator, State Public Transportation and Modal
1311	Administrator, district secretaries, district directors of
1312	transportation development, transportation operations,
1313	transportation support, and the managers of the offices
1314	specified in s. 20.23(4)(3)(b), of the Department of
1315	Transportation. Unless otherwise fixed by law, the department
1316	shall set the salary and benefits of these positions in
1317	accordance with the rules of the Senior Management Service; and
1318	the county health department directors and county health
1319	department administrators of the Department of Health.
1320	(m)  All assistant division director, deputy division
1321	director, and bureau chief positions in any department, and
1322	those positions determined by the department to have managerial
1323	responsibilities comparable to such positions, which positions
1324	include, but are not limited to:
1325	1.  Positions in the Department of Health and the
1326	Department of Children and Family Services that are assigned
1327	primary duties of serving as the superintendent or assistant
1328	superintendent of an institution.
1329	2.  Positions in the Department of Corrections that are
1330	assigned primary duties of serving as the warden, assistant
1331	warden, colonel, or major of an institution or that are assigned
1332	primary duties of serving as the circuit administrator or deputy
1333	circuit administrator.
1334	3.  Positions in the Department of Transportation that are
1335	assigned primary duties of serving as regional toll managers and
1336	managers of offices, as defined in s. 20.23(4)(3)(b) and
1337	(5)(4)(c), and captains and majors of the Office of Motor
1338	Carrier Compliance.
1339	4.  Positions in the Department of Environmental Protection
1340	that are assigned the duty of an Environmental Administrator or
1341	program administrator.
1342	5.  Positions in the Department of Health that are assigned
1343	the duties of Environmental Administrator, Assistant County
1344	Health Department Director, and County Health Department
1345	Financial Administrator.
1346
1347	Unless otherwise fixed by law, the department shall set the
1348	salary and benefits of the positions listed in this paragraph in
1349	accordance with the rules established for the Selected Exempt
1350	Service.
1351	Section 22.  Except as otherwise expressly provided in this
1352	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.