Florida Senate - 2009 SB 2-B
By Senators Ring, Constantine, Fasano, Gaetz, Gardiner, Lawson,
and Negron
32-00001A-09B 20092B__
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
7 passenger rail service, evaluate passenger rail
8 policies, and provide advice and recommendations to
9 the Legislature on passenger rail operations in the
10 state; providing for membership and organization of
11 the commission; authorizing reimbursement for travel
12 and other expenses of members; prohibiting the
13 commission and its members from taking part in
14 operations of the department or a monitored authority;
15 assigning the commission to the Office of the
16 Secretary of the department for administrative
17 purposes; providing that expenses of the commission
18 shall be approved by the secretary; directing the
19 department to provide administrative support and
20 services to the commission; providing for a rail
21 enterprise in the department to be headed by an
22 executive director and headquartered in Leon County;
23 providing that the executive director shall be
24 appointed by the Secretary of Transportation;
25 directing the secretary to assign to the executive
26 director the responsibility for funding, developing,
27 and operating high-speed and passenger rail systems
28 under specified provisions and coordinating publicly
29 funded passenger rail operations; exempting the
30 enterprise from department policies, procedures, and
31 standards; providing exceptions; amending s. 201.15,
32 F.S.; revising allocation of certain moneys in the
33 State Transportation Trust Fund by increasing the
34 percentage to be allocated for purposes of the Small
35 County Outreach Program and providing for an annual
36 allocation to the Florida Rail Enterprise; amending s.
37 339.135, F.S.; providing a funding source for
38 allocations to the South Florida Regional
39 Transportation Authority under specified provisions;
40 amending s. 343.58, F.S., relating to the South
41 Florida Regional Transportation Authority; providing
42 that funds dedicated by county governments may be used
43 for certain purposes; providing for allocation of
44 funds from the State Transportation Trust Fund to the
45 authority; providing for cessation of the allocation
46 under certain circumstances; amending s. 341.301,
47 F.S.; revising the definition of “railroad” or “rail
48 system” to include a high-speed rail system and
49 providing definitions for purposes of provisions for
50 rail programs; amending s. 341.302, F.S.; revising
51 duties and responsibilities of the department to
52 develop and implement a rail program; authorizing the
53 department’s rail system plan to include regional
54 components for certain purposes; revising requirements
55 for the plan to be updated; requiring a plan status
56 report to the Legislature; directing the department to
57 work with local communities to address impacts of
58 passenger rail implementation, finalize alternative
59 routes for through freight rail traffic in Central
60 Florida, and provide technical assistance to a
61 coalition of municipalities and counties in Central
62 Florida for development of a regional rail system
63 plan; providing parameters within which the department
64 may by contract indemnify against loss a freight rail
65 operator from whom it has acquired interest in a rail
66 corridor; authorizing the department to purchase
67 liability insurance including coverage for the
68 department, any freight rail operator, commuter rail
69 service providers, governmental entities, or any
70 ancillary development and establish a self-insurance
71 retention fund; limiting the amount of the insurance
72 and self-insurance retention fund; providing that the
73 insureds must make payments for the coverage;
74 providing that the insurance may provide coverage for
75 all damages and be maintained to provide a fund to
76 cover liabilities arising from rail corridor ownership
77 and operations; authorizing the department to incur
78 certain marketing expenses relating to rail corridor
79 acquisition, ownership, construction, and operation;
80 providing that indemnification by contract, the
81 purchase of insurance, or establishment of a self
82 insurance retention fund does not waive sovereign
83 immunity or increase liability limits provided under
84 specified provisions; providing that specified
85 provisions apply to the purchase of insurance;
86 providing that specified provisions relating to rail
87 service apply to other governmental entities under
88 contract with the department or designated by the
89 department; providing for application of specified
90 provisions to procurement contracts for the
91 construction, operation, maintenance, and management
92 of a rail corridor by the department, a governmental
93 entity under contract with the department, or a
94 governmental entity designated by the department;
95 authorizing the department to complete an escrowed
96 closing on the Central Florida Rail Corridor
97 acquisition if Federal Transit Administration full
98 funding grant agreement approval is obtained for the
99 proposed Central Florida Commuter Rail Transit Project
100 Initial Operating Segment; amending s. 341.303, F.S.;
101 revising provisions for distribution of rail funds;
102 removing provisions for funding service development
103 projects; authorizing the department to fund net
104 operating costs of eligible intercity or commuter rail
105 systems for a certain time period; authorizing the
106 department, through the Florida Rail Enterprise, to
107 use specified funds to fund certain costs of passenger
108 rail capital improvement projects, passenger rail
109 planning and development, the high-speed rail system,
110 and projects necessary to identify or address
111 anticipated impacts of increased freight rail traffic
112 due to implementing passenger rail systems; providing
113 that the enterprise shall be a single budget entity;
114 providing that the enterprise’s budget include all
115 passenger rail funding and be submitted to the
116 Legislature along with the department’s budget;
117 directing the Governor to certify forward unexpended
118 funds of the enterprise; providing for use of
119 unencumbered funds certified forward; amending s.
120 341.8201, F.S.; revising a short title; providing that
121 specified provisions may be cited as the “Florida Rail
122 Enterprise Act”; amending s. 341.8203, F.S.; providing
123 definitions for purposes of such act; amending s.
124 341.822, F.S.; providing powers and duties of the
125 enterprise in addition to the powers and duties of the
126 department; authorizing the enterprise to plan,
127 construct, maintain, repair, operate, and promote a
128 high-speed rail system, to acquire corridors, and to
129 coordinate the development and operation of publicly
130 funded passenger rail systems; providing intent;
131 authorizing the enterprise to cooperate, coordinate,
132 partner, and contract with other entities to
133 accomplish its purposes; authorizing the enterprise to
134 employ certain procurement methods; authorizing the
135 executive director to employ staff; providing that
136 such staff are exempt from specified Career Service
137 System provisions; providing for construction;
138 providing that provisions for powers of the enterprise
139 supersede other laws that are inconsistent; requiring
140 rail enterprise projects or improvements to be
141 developed in accordance with the Florida
142 Transportation Plan and the department’s work program;
143 creating s. 341.8225, F.S.; providing that only the
144 department may acquire, construct, maintain, or
145 operate the high-speed rail system; providing for an
146 exception with legislative authorization; authorizing
147 local governmental entities to negotiate with the
148 department for the design, right-of-way acquisition,
149 and construction of components of the system; amending
150 s. 341.836, F.S.; providing for the enterprise to
151 undertake associated developments for certain
152 purposes; amending s. 341.838, F.S.; authorizing the
153 enterprise to establish and collect fares, rates, and
154 other charges for services provided by the system;
155 authorizing the enterprise to contract with other
156 entities; directing the enterprise to review the
157 fares, rates, and other charges annually; providing
158 for use of moneys collected; providing that such
159 fares, rates, and other charges are not subject to
160 supervision or regulation by other entities; amending
161 s. 341.839, F.S.; providing for construction of
162 provisions granting powers to the enterprise; removing
163 provisions relating to the Florida High-Speed Rail
164 Authority; repealing ss. 341.8202, 341.821, 341.823,
165 341.824, 341.827, 341.828, 341.829, 341.830, 341.831,
166 341.832, 341.833, 341.834, 341.835, 341.837, and
167 341.841, F.S., relating to the Florida High-Speed Rail
168 Authority, legislative findings and intent, criteria
169 for assessment and recommendations, technical,
170 scientific, or other assistance, service areas,
171 segment designation, permitting, conflict prevention,
172 mitigation, and resolution, procurement,
173 prequalification, request for qualifications, request
174 for proposals, award of contract, acquisition of
175 property, rights-of-way, and disposal of land, payment
176 of expenses, and reports and audits; amending s.
177 110.205, F.S.; conforming cross-references; providing
178 effective dates.
179
180 Be It Enacted by the Legislature of the State of Florida:
181
182 Section 1. Paragraph (b) of subsection (2) and present
183 subsection (4) of section 20.23, Florida Statutes, are amended,
184 present subsections (3) through (6) are renumbered as
185 subsections (4) through (7), respectively, and a new subsection
186 (3) is added to that section, to read:
187 20.23 Department of Transportation.—There is created a
188 Department of Transportation which shall be a decentralized
189 agency.
190 (2)
191 (b) The commission shall have the primary functions to:
192 1. Recommend major transportation policies for the
193 Governor’s approval, and assure that approved policies and any
194 revisions thereto are properly executed.
195 2. Periodically review the status of the state
196 transportation system including highway, transit, rail, seaport,
197 intermodal development, and aviation components of the system
198 and recommend improvements therein to the Governor and the
199 Legislature.
200 3. Perform an in-depth evaluation of the annual department
201 budget request, the Florida Transportation Plan, and the
202 tentative work program for compliance with all applicable laws
203 and established departmental policies. Except as specifically
204 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
205 not consider individual construction projects, but shall
206 consider methods of accomplishing the goals of the department in
207 the most effective, efficient, and businesslike manner.
208 4. Monitor the financial status of the department on a
209 regular basis to assure that the department is managing revenue
210 and bond proceeds responsibly and in accordance with law and
211 established policy.
212 5. Monitor on at least a quarterly basis, the efficiency,
213 productivity, and management of the department, using
214 performance and production standards developed by the commission
215 pursuant to s. 334.045.
216 6. Perform an in-depth evaluation of the factors causing
217 disruption of project schedules in the adopted work program and
218 recommend to the Legislature and the Governor methods to
219 eliminate or reduce the disruptive effects of these factors.
220 7. Recommend to the Governor and the Legislature
221 improvements to the department’s organization in order to
222 streamline and optimize the efficiency of the department. In
223 reviewing the department’s organization, the commission shall
224 determine if the current district organizational structure is
225 responsive to Florida’s changing economic and demographic
226 development patterns. The initial report by the commission must
227 be delivered to the Governor and Legislature by December 15,
228 2000, and each year thereafter, as appropriate. The commission
229 may retain such experts as are reasonably necessary to
230 effectuate this subparagraph, and the department shall pay the
231 expenses of such experts.
232 8. Monitor the efficiency, productivity, and management of
233 the authorities created under chapters 343, 348, and 349,
234 including any authority formed using the provisions of part I of
235 chapter 348 and any authority formed under chapter 343 which is
236 not monitored under subsection (3). The commission shall also
237 conduct periodic reviews of each authority’s operations and
238 budget, acquisition of property, management of revenue and bond
239 proceeds, and compliance with applicable laws and generally
240 accepted accounting principles.
241 (3) There is created the Florida Statewide Passenger Rail
242 Commission.
243 (a)1. The commission shall consist of nine voting members
244 appointed as follows:
245 a. Three members shall be appointed by the Governor, one of
246 whom must have a background in the area of environmental
247 concerns, one of whom must have a legislative background, and
248 one of whom must have a general business background.
249 b. Three members shall be appointed by the President of the
250 Senate, one of whom must have a background in civil engineering,
251 one of whom must have a background in transportation
252 construction, and one of whom must have a general business
253 background.
254 c. Three members shall be appointed by the Speaker of the
255 House of Representatives, one of whom must have a legal
256 background, one of whom must have a background in financial
257 matters, and one of whom must have a general business
258 background.
259 2. The initial term of each member appointed by the
260 Governor shall be for 4 years. The initial term of each member
261 appointed by the President of the Senate shall be for 3 years.
262 The initial term of each member appointed by the Speaker of the
263 House of Representatives shall be for 2 years. Succeeding terms
264 for all members shall be for 4 years.
265 3. A vacancy occurring during a term shall be filled by the
266 respective appointing authority in the same manner as the
267 original appointment and only for the balance of the unexpired
268 term. An appointment to fill a vacancy shall be made within 60
269 days after the occurrence of the vacancy.
270 4. The commission shall elect one of its members as chair
271 of the commission. The chair shall hold office at the will of
272 the commission. Five members of the commission shall constitute
273 a quorum, and the vote of five members shall be necessary for
274 any action taken by the commission. The commission may meet upon
275 the constitution of a quorum. A vacancy in the commission does
276 not impair the right of a quorum to exercise all rights and
277 perform all duties of the commission.
278 5. The members of the commission are not entitled to
279 compensation but are entitled to reimbursement for travel and
280 other necessary expenses as provided in s. 112.061.
281 (b) The commission shall have the primary functions of:
282 1. Monitoring the efficiency, productivity, and management
283 of all publicly funded passenger rail systems in the state,
284 including, but not limited to, any authority created under
285 chapter 343, chapter 349, or chapter 163 if the authority
286 receives public funds for the provision of passenger rail
287 service. The commission shall advise each monitored authority of
288 its findings and recommendations. The commission shall also
289 conduct periodic reviews of each monitored authority’s passenger
290 rail and associated transit operations and budget, acquisition
291 of property, management of revenue and bond proceeds, and
292 compliance with applicable laws and generally accepted
293 accounting principles. The commission may seek the assistance of
294 the Auditor General in conducting such reviews and shall report
295 the findings of such reviews to the Legislature. This paragraph
296 does not preclude the Florida Transportation Commission from
297 conducting its performance and work program monitoring
298 responsibilities.
299 2. Advising the department on policies and strategies used
300 in planning, designing, building, operating, financing, and
301 maintaining a coordinated statewide system of passenger rail
302 services.
303 3. Evaluating passenger rail policies and providing advice
304 and recommendations to the Legislature on passenger rail
305 operations in the state.
306 (c) The commission or a member of the commission may not
307 enter into the day-to-day operation of the department or a
308 monitored authority and is specifically prohibited from taking
309 part in:
310 1. The awarding of contracts.
311 2. The selection of a consultant or contractor or the
312 prequalification of any individual consultant or contractor.
313 However, the commission may recommend to the secretary standards
314 and policies governing the procedure for selection and
315 prequalification of consultants and contractors.
316 3. The selection of a route for a specific project.
317 4. The specific location of a transportation facility.
318 5. The acquisition of rights-of-way.
319 6. The employment, promotion, demotion, suspension,
320 transfer, or discharge of any department personnel.
321 7. The granting, denial, suspension, or revocation of any
322 license or permit issued by the department.
323 (d) The commission is assigned to the Office of the
324 Secretary of the Department of Transportation for administrative
325 and fiscal accountability purposes, but it shall otherwise
326 function independently of the control and direction of the
327 department except that reasonable expenses of the commission
328 shall be subject to approval by the Secretary of Transportation.
329 The department shall provide administrative support and service
330 to the commission.
331 (5)(4)(a) The operations of the department shall be
332 organized into seven districts, each headed by a district
333 secretary, and a turnpike enterprise and a rail enterprise, each
334 enterprise headed by an executive director. The district
335 secretaries and the turnpike executive directors director shall
336 be registered professional engineers in accordance with the
337 provisions of chapter 471 or, in lieu of professional engineer
338 registration, a district secretary or turnpike executive
339 director may hold an advanced degree in an appropriate related
340 discipline, such as a Master of Business Administration. The
341 headquarters of the districts shall be located in Polk,
342 Columbia, Washington, Broward, Volusia, Miami-Dade, and
343 Hillsborough Counties. The headquarters of the turnpike
344 enterprise shall be located in Orange County. The headquarters
345 of the rail enterprise shall be located in Leon County. In order
346 to provide for efficient operations and to expedite the
347 decisionmaking process, the department shall provide for maximum
348 decentralization to the districts.
349 (b) Each district secretary may appoint up to three
350 district directors or, until July 1, 2005, each district
351 secretary may appoint up to four district directors. These
352 positions are exempt from part II of chapter 110.
353 (c) Within each district, offices shall be established for
354 managing major functional responsibilities of the department.
355 The heads of these offices shall be exempt from part II of
356 chapter 110.
357 (d) The district director for the Fort Myers Urban Office
358 of the Department of Transportation is responsible for
359 developing the 5-year Transportation Plan for Charlotte,
360 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
361 Myers Urban Office also is responsible for providing policy,
362 direction, local government coordination, and planning for those
363 counties.
364 (e)1. The responsibility for the turnpike system shall be
365 delegated by the secretary to the executive director of the
366 turnpike enterprise, who shall serve at the pleasure of the
367 secretary. The executive director shall report directly to the
368 secretary, and the turnpike enterprise shall operate pursuant to
369 ss. 338.22-338.241.
370 2. To facilitate the most efficient and effective
371 management of the turnpike enterprise, including the use of best
372 business practices employed by the private sector, the turnpike
373 enterprise, except as provided in s. 287.055, shall be exempt
374 from departmental policies, procedures, and standards, subject
375 to the secretary having the authority to apply any such
376 policies, procedures, and standards to the turnpike enterprise
377 from time to time as deemed appropriate.
378 (f)1. The responsibility for developing and operating the
379 high-speed and passenger rail systems established in chapter
380 341, directing funding for passenger rail systems under s.
381 341.303, and coordinating publicly funded passenger rail
382 operations in the state, including freight rail interoperability
383 issues, shall be delegated by the secretary to the executive
384 director of the rail enterprise, who shall serve at the pleasure
385 of the secretary. The executive director shall report directly
386 to the secretary, and the rail enterprise shall operate pursuant
387 to ss. 341.8201-341.842.
388 2. To facilitate the most efficient and effective
389 management of the rail enterprise, including the use of best
390 business practices employed by the private sector, the rail
391 enterprise, except as provided in s. 287.055, shall be exempt
392 from departmental policies, procedures, and standards, subject
393 to the secretary having the authority to apply any such
394 policies, procedures, and standards to the rail enterprise from
395 time to time as deemed appropriate.
396 Section 2. Paragraph (c) of subsection (1) of section
397 201.15, Florida Statutes, as amended by chapters 2009-21 and
398 2009-68, Laws of Florida, is amended to read:
399 201.15 Distribution of taxes collected.—All taxes collected
400 under this chapter are subject to the service charge imposed in
401 s. 215.20(1). Prior to distribution under this section, the
402 Department of Revenue shall deduct amounts necessary to pay the
403 costs of the collection and enforcement of the tax levied by
404 this chapter. Such costs and the service charge may not be
405 levied against any portion of taxes pledged to debt service on
406 bonds to the extent that the costs and service charge are
407 required to pay any amounts relating to the bonds. After
408 distributions are made pursuant to subsection (1), all of the
409 costs of the collection and enforcement of the tax levied by
410 this chapter and the service charge shall be available and
411 transferred to the extent necessary to pay debt service and any
412 other amounts payable with respect to bonds authorized before
413 January 1, 2010, secured by revenues distributed pursuant to
414 subsection (1). All taxes remaining after deduction of costs and
415 the service charge shall be distributed as follows:
416 (1) Sixty-three and thirty-one hundredths percent of the
417 remaining taxes shall be used for the following purposes:
418 (c) After the required payments under paragraphs (a) and
419 (b), the remainder shall be paid into the State Treasury to the
420 credit of:
421 1. The State Transportation Trust Fund in the Department of
422 Transportation in the amount of the lesser of 38.2 percent of
423 the remainder or $541.75 million in each fiscal year, to be used
424 for the following specified purposes, notwithstanding any other
425 law to the contrary:
426 a. For the purposes of capital funding for the New Starts
427 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
428 specified in s. 341.051, 10 percent of these funds;
429 b. For the purposes of the Small County Outreach Program
430 specified in s. 339.2818, 5 percent of these funds. Effective
431 July 1, 2014, the percentage allocated under this sub
432 subparagraph shall be increased to 10 percent;
433 c. For the purposes of the Strategic Intermodal System
434 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
435 of these funds after allocating for the New Starts Transit
436 Program described in sub-subparagraph a. and the Small County
437 Outreach Program described in sub-subparagraph b.; and
438 d. For the purposes of the Transportation Regional
439 Incentive Program specified in s. 339.2819, 25 percent of these
440 funds after allocating for the New Starts Transit Program
441 described in sub-subparagraph a. and the Small County Outreach
442 Program described in sub-subparagraph b. Effective July 1, 2014,
443 the first $60 million of the funds allocated pursuant to this
444 sub-subparagraph shall be allocated annually to the Florida Rail
445 Enterprise for the purposes established in s. 341.303(5).
446 2. The Grants and Donations Trust Fund in the Department of
447 Community Affairs in the amount of the lesser of .23 percent of
448 the remainder or $3.25 million in each fiscal year, with 92
449 percent to be used to fund technical assistance to local
450 governments and school boards on the requirements and
451 implementation of this act and the remaining amount to be used
452 to fund the Century Commission established in s. 163.3247.
453 3. The Ecosystem Management and Restoration Trust Fund in
454 the amount of the lesser of 2.12 percent of the remainder or $30
455 million in each fiscal year, to be used for the preservation and
456 repair of the state’s beaches as provided in ss. 161.091
457 161.212.
458 4. General Inspection Trust Fund in the amount of the
459 lesser of .02 percent of the remainder or $300,000 in each
460 fiscal year to be used to fund oyster management and restoration
461 programs as provided in s. 379.362(3).
462
463 Moneys distributed pursuant to this paragraph may not be pledged
464 for debt service unless such pledge is approved by referendum of
465 the voters.
466 Section 3. Paragraph (a) of subsection (4) of section
467 339.135, Florida Statutes, is amended to read:
468 339.135 Work program; legislative budget request;
469 definitions; preparation, adoption, execution, and amendment.—
470 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
471 (a)1. To assure that no district or county is penalized for
472 local efforts to improve the State Highway System, the
473 department shall, for the purpose of developing a tentative work
474 program, allocate funds for new construction to the districts,
475 except for the turnpike enterprise, based on equal parts of
476 population and motor fuel tax collections. Funds for
477 resurfacing, bridge repair and rehabilitation, bridge fender
478 system construction or repair, public transit projects except
479 public transit block grants as provided in s. 341.052, and other
480 programs with quantitative needs assessments shall be allocated
481 based on the results of these assessments. The department may
482 not transfer any funds allocated to a district under this
483 paragraph to any other district except as provided in subsection
484 (7). Funds for public transit block grants shall be allocated to
485 the districts pursuant to s. 341.052. Funds for the intercity
486 bus program provided for under s. 5311(f) of the federal
487 nonurbanized area formula program shall be administered and
488 allocated directly to eligible bus carriers as defined in s.
489 341.031(12) at the state level rather than the district. In
490 order to provide state funding to support the intercity bus
491 program provided for under provisions of the federal 5311(f)
492 program, the department shall allocate an amount equal to the
493 federal share of the 5311(f) program from amounts calculated
494 pursuant to s. 206.46(3).
495 2. Notwithstanding the provisions of subparagraph 1., the
496 department shall allocate at least 50 percent of any new
497 discretionary highway capacity funds to the Florida Strategic
498 Intermodal System created pursuant to s. 339.61. Any remaining
499 new discretionary highway capacity funds shall be allocated to
500 the districts for new construction as provided in subparagraph
501 1. For the purposes of this subparagraph, the term “new
502 discretionary highway capacity funds” means any funds available
503 to the department above the prior year funding level for
504 capacity improvements, which the department has the discretion
505 to allocate to highway projects.
506 3. Notwithstanding subparagraph 1. and ss. 206.46(3),
507 334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
508 only, the department shall reduce work program levels to balance
509 the finance plan to the revised funding levels resulting from
510 any reduction in the 2009-2010 General Appropriations Act. This
511 subparagraph expires July 1, 2010.
512 4. For the 2009-2010 fiscal year only, prior to any project
513 or phase thereof being deferred, the department’s cash balances
514 shall be as provided in paragraph (6)(b), and the reductions in
515 subparagraph 3. shall be made to financial projects not
516 programmed for contract letting as identified with a work
517 program contract class code 8 and the box code RV. These
518 reductions shall not negatively impact safety or maintenance or
519 project contingency percentage levels as of April 21, 2009. This
520 subparagraph expires July 1, 2010.
521 5. Notwithstanding subparagraphs 1. and 2. and ss.
522 206.46(3) and 334.044(26), and for fiscal years 2009-2010
523 through 2013-2014 only, the department shall allocate the first
524 proceeds of the increased revenues to be deposited into the
525 State Transportation Trust Fund estimated by the November 2009
526 Revenue Estimating Conference to provide for the transfer of
527 funds included in s. 343.58(4). The transfer of funds included
528 in s. 343.58(4) may not negatively impact projects included in
529 fiscal years 2009-2010 through 2013-2014 of the work program as
530 of July 1, 2009, as amended pursuant to subsection (7). This
531 subparagraph expires July 1, 2014.
532 Section 4. Section 343.58, Florida Statutes, is amended to
533 read:
534 343.58 County funding for the South Florida Regional
535 Transportation Authority.—
536 (1) Each county served by the South Florida Regional
537 Transportation Authority must dedicate and transfer not less
538 than $2.67 million to the authority annually. The recurring
539 annual $2.67 million must be dedicated by the governing body of
540 each county before October 31 of each fiscal year. These funds
541 may be used for capital, operations, and maintenance.
542 (2) At least $45 million of a state-authorized, local
543 option recurring funding source available to Broward, Miami
544 Dade, and Palm Beach counties is directed to the authority to
545 fund its capital, operating, and maintenance expenses. The
546 funding source shall be dedicated to the authority only if
547 Broward, Miami-Dade, and Palm Beach counties impose the local
548 option funding source.
549 (3) In addition, each county shall continue to annually
550 fund the operations of the South Florida Regional Transportation
551 Authority in an amount not less than $1.565 million. Revenue
552 raised pursuant to this subsection shall also be considered a
553 dedicated funding source.
554 (4) Notwithstanding any other provision of law to the
555 contrary and effective July 1, 2010, the department shall
556 transfer annually from the State Transportation Trust Fund to
557 the South Florida Regional Transportation Authority the
558 following:
559 (a)1. If the authority becomes responsible for operating,
560 maintaining, and dispatching the South Florida Rail Corridor,
561 $15 million from the State Transportation Trust Fund to the
562 South Florida Regional Transportation Authority for operations,
563 maintenance, and dispatch and an amount no less than the work
564 program commitments for fiscal year 2010-2011, as of July 1,
565 2009, for operating assistance to the authority and corridor
566 track maintenance and contract maintenance for the South Florida
567 Rail Corridor; or
568 2. If the authority does not become responsible for
569 operating, maintaining, and dispatching the South Florida Rail
570 Corridor, $13.3 million from the State Transportation Trust Fund
571 to the South Florida Regional Transportation Authority for
572 operations and maintenance, and an amount no less than the work
573 program commitments for fiscal year 2010-2011, as of July 1,
574 2009, for operating assistance to the authority.
575 (b) Funding required by this subsection may not be provided
576 from the funds dedicated to the Florida Rail Enterprise under s.
577 201.15(1)(c)1.d.
578 (5)(4) The current funding obligations under subsections
579 (1), and (3), and (4) shall cease upon commencement of the
580 collection of funding from the funding source under subsection
581 (2). If the funding under subsection (2) is discontinued for any
582 reason, the funding obligations under subsections (1) and (3)
583 shall resume when collection from the funding source under
584 subsection (2) ceases. Payment by the counties shall be on a pro
585 rata basis the first year following cessation of the funding
586 under subsection (2). The authority shall refund a pro rata
587 share of the payments for the current fiscal year made pursuant
588 to the current funding obligations under subsections (1) and (3)
589 as soon as reasonably practicable after it begins to receive
590 funds under subsection (2). If, by December 31, 2015, the South
591 Florida Regional Transportation Authority has not received
592 federal matching funds based upon the dedication of funds under
593 subsection (1), subsection (1) shall be repealed.
594 Section 5. Section 341.301, Florida Statutes, is amended to
595 read:
596 341.301 Definitions; ss. 341.302-341.303 ss. 341.302 and
597 341.303.—As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
598 the term:
599 (1) “Ancillary development” includes any lessee or licensee
600 of the department, including other governmental entities,
601 vendors, retailers, restaurateurs, or contract service
602 providers, within a department-owned rail corridor, except for
603 providers of commuter rail service, intercity rail passenger
604 service, or freight rail service. The term includes air and
605 subsurface rights, services that provide a local area network
606 for devices for transmitting data over wireless networks, and
607 advertising.
608 (2)(1) “Branch line continuance project” means a project
609 that involves branch line rehabilitation, new connecting track,
610 rail banking, and other similar types of projects, including
611 those specifically identified in the federal Railroad
612 Revitalization and Regulatory Reform Act of 1976, and subsequent
613 amendments to that act.
614 (3) “Commuter rail passenger” or “passengers” means all
615 persons, ticketed or unticketed, using the commuter rail service
616 on a department-owned rail corridor:
617 (a) On board trains, locomotives, rail cars, or rail
618 equipment employed in commuter rail service or entraining
619 thereon and detraining therefrom;
620 (b) On or about the rail corridor for any purpose related
621 to the commuter rail service, including parking, inquiring about
622 commuter rail service, or purchasing tickets therefor, and
623 coming to, waiting for, leaving from, or observing trains,
624 locomotives, rail cars, or rail equipment; or
625 (c) Meeting, assisting, or in the company of any person
626 described in paragraph (a) or paragraph (b).
627 (4) “Commuter rail service” means the transportation of
628 commuter rail passengers and other passengers by rail pursuant
629 to a rail program provided by the department or any other
630 governmental entity.
631 (5) “Governmental entity” or “entities” has the same
632 meaning as provided in s. 11.45, including a “public agency” as
633 defined in s. 163.01.
634 (6)(2) “Intercity rail transportation system” means the
635 network of railroad facilities used or available for interstate
636 and intrastate passenger and freight operations by railroads,
637 whether or not on a schedule or whether or not restricted.
638 (7) “Limited covered accident” means a collision directly
639 between the trains, locomotives, rail cars, or rail equipment of
640 the department and the freight rail operator only, where the
641 collision is caused by or arising from the willful misconduct of
642 the freight rail operator or its subsidiaries, agents,
643 licensees, employees, officers, or directors or where punitive
644 damages or exemplary damages are awarded due to the conduct of
645 the freight rail operator or its subsidiaries, agents,
646 licensees, employees, officers, or directors.
647 (8) “Rail corridor” means a linear contiguous strip of real
648 property that is used for rail service. The term includes the
649 corridor and structures essential to railroad operations,
650 including the land, structures, improvements, rights-of-way,
651 easements, rail lines, rail beds, guideway structures, switches,
652 yards, parking facilities, power relays, switching houses, rail
653 stations, any ancillary development, and any other facilities or
654 equipment used for the purposes of construction, operation, or
655 maintenance of a railroad that provides rail service.
656 (9) “Rail corridor invitee” means all persons who are on or
657 about a department-owned rail corridor:
658 (a) For any purpose related to any ancillary development
659 thereon; or
660 (b) Meeting, assisting, or in the company of any person
661 described in paragraph (a).
662 (10)(3) “Rail programs” means those programs administered
663 by the state or other governmental entities which involve
664 projects affecting the movement of people or goods by rail lines
665 that have been or will be constructed to serve freight or
666 passenger markets within a city or between cities.
667 (11)(4) “Rail service development project” means a project
668 undertaken by a public agency to determine whether a new or
669 innovative technique or measure can be utilized to improve or
670 expand rail service. The duration of the project funding shall
671 be limited according to the type of project and in no case shall
672 exceed 3 years. Rail service development projects include those
673 projects and other actions undertaken to enhance railroad
674 operating efficiency or increased rail service, including
675 measures that result in improved speed profiles, operations, or
676 technological applications that lead to reductions in operating
677 costs and increases in productivity or service.
678 (12)(5) “Railroad” or “rail system” means any common
679 carrier fixed-guideway transportation system such as the
680 conventional steel rail-supported, steel-wheeled system as well
681 as the high-speed rail system defined in s. 341.8203. The term
682 does not include a high-speed rail line developed by the
683 Department of Transportation pursuant to ss. 341.8201-341.842.
684 (13)(6) “Railroad capital improvement project” means a
685 project identified by the rail component of the Florida
686 Transportation Plan, which project involves the leasing,
687 acquisition, design, construction, reconstruction, or
688 improvement to the existing intercity rail transportation system
689 or future segments thereof, including such items as locomotives
690 and other rolling stock, tracks, terminals, and rights-of-way
691 for the continuance or expansion of rail service as necessary to
692 ensure the continued effectiveness of the state’s rail
693 facilities and systems in meeting mobility and industrial
694 development needs.
695 (14) “Railroad operations” means the use of the rail
696 corridor to conduct commuter rail service, intercity rail
697 passenger service, or freight rail service.
698 (15)(7) “Train” means any locomotive engine that is powered
699 by diesel fuel, electricity, or other means, with or without
700 cars coupled thereto, and operated upon a railroad track or any
701 other form of fixed guideway, except that the term does not
702 include a light rail vehicle such as a streetcar or people
703 mover.
704 Section 6. Section 341.302, Florida Statutes, is amended to
705 read:
706 341.302 Rail program;, duties and responsibilities of the
707 department.—The department, in conjunction with other
708 governmental entities, including the rail enterprise units and
709 the private sector, shall develop and implement a rail program
710 of statewide application designed to ensure the proper
711 maintenance, safety, revitalization, and expansion of the rail
712 system to assure its continued and increased availability to
713 respond to statewide mobility needs. Within the resources
714 provided pursuant to chapter 216, and as authorized under
715 federal law Title 49 C.F.R. part 212, the department shall:
716 (1) Provide the overall leadership, coordination, and
717 financial and technical assistance necessary to assure the
718 effective responses of the state’s rail system to current and
719 anticipated mobility needs.
720 (2) Promote and facilitate the implementation of advanced
721 rail systems, including high-speed rail and magnetic levitation
722 systems.
723 (3) Develop and periodically update the rail system plan,
724 on the basis of an analysis of statewide transportation needs.
725 (a) The plan may contain detailed regional components,
726 consistent with regional transportation plans, as needed to
727 ensure connectivity within the state’s regions, and it shall be
728 consistent with the Florida Transportation Plan developed
729 pursuant to s. 339.155. The rail system plan shall include an
730 identification of priorities, programs, and funding levels
731 required to meet statewide and regional needs. The rail system
732 plan shall be developed in a manner that will assure the maximum
733 use of existing facilities and the optimum integration and
734 coordination of the various modes of transportation, public and
735 private, in the most cost-effective manner possible. The rail
736 system plan shall be updated no later than January 1, 2011, and
737 at least every 5 2 years thereafter, and include plans for both
738 passenger rail service and freight rail service, accompanied by
739 a report to the Legislature regarding the status of the plan.
740 (b) In recognition of the department’s role in the
741 enhancement of the state’s rail system to improve freight and
742 passenger mobility, the department shall:
743 1. Work closely with all affected communities along an
744 impacted freight rail corridor to identify and address
745 anticipated impacts associated with an increase in freight rail
746 traffic due to implementation of passenger rail.
747 2. In coordination with the affected local governments and
748 CSX Transportation, Inc., finalize all viable alternatives from
749 the department’s Rail Traffic Evaluation Study to identify and
750 develop an alternative route for through freight rail traffic
751 moving through Central Florida, including the counties of Polk
752 and Hillsborough, which would address, to the extent
753 practicable, the effects of commuter rail.
754 3. Provide technical assistance to a coalition of local
755 governments in Central Florida, including the counties of
756 Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
757 Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
758 Sumter, and Volusia, and the municipalities within those
759 counties, to develop a regional rail system plan that addresses
760 passenger and freight opportunities in the region, is consistent
761 with the Florida Rail System Plan, and incorporates appropriate
762 elements of the Tampa Bay Area Regional Authority Master Plan,
763 the Metroplan Orlando Regional Transit System Concept Plan,
764 including the SunRail project, and the Florida Department of
765 Transportation Alternate Rail Traffic Evaluation.
766 (4) As part of the work program of the department,
767 formulate a specific program of projects and financing to
768 respond to identified railroad needs.
769 (5) Provide technical and financial assistance to units of
770 local government to address identified rail transportation
771 needs.
772 (6) Secure and administer federal grants, loans, and
773 apportionments for rail projects within this state when
774 necessary to further the statewide program.
775 (7) Develop and administer state standards concerning the
776 safety and performance of rail systems, hazardous material
777 handling, and operations. Such standards shall be developed
778 jointly with representatives of affected rail systems, with full
779 consideration given to nationwide industry norms, and shall
780 define the minimum acceptable standards for safety and
781 performance.
782 (8) Conduct, at a minimum, inspections of track and rolling
783 stock; train signals and related equipment; hazardous materials
784 transportation, including the loading, unloading, and labeling
785 of hazardous materials at shippers’, receivers’, and transfer
786 points; and train operating practices to determine adherence to
787 state and federal standards. Department personnel may enforce
788 any safety regulation issued under the Federal Government’s
789 preemptive authority over interstate commerce.
790 (9) Assess penalties, in accordance with the applicable
791 federal regulations, for the failure to adhere to the state
792 standards.
793 (10) Administer rail operating and construction programs,
794 which programs shall include the regulation of maximum train
795 operating speeds, the opening and closing of public grade
796 crossings, the construction and rehabilitation of public grade
797 crossings, and the installation of traffic control devices at
798 public grade crossings, the administering of the programs by the
799 department including participation in the cost of the programs.
800 (11) Coordinate and facilitate the relocation of railroads
801 from congested urban areas to nonurban areas when relocation has
802 been determined feasible and desirable from the standpoint of
803 safety, operational efficiency, and economics.
804 (12) Implement a program of branch line continuance
805 projects when an analysis of the industrial and economic
806 potential of the line indicates that public involvement is
807 required to preserve essential rail service and facilities.
808 (13) Provide new rail service and equipment when:
809 (a) Pursuant to the transportation planning process, a
810 public need has been determined to exist;
811 (b) The cost of providing such service does not exceed the
812 sum of revenues from fares charged to users, services purchased
813 by other public agencies, local fund participation, and specific
814 legislative appropriation for this purpose; and
815 (c) Service cannot be reasonably provided by other
816 governmental or privately owned rail systems.
817
818 The department may own, lease, and otherwise encumber
819 facilities, equipment, and appurtenances thereto, as necessary
820 to provide new rail services; or the department may provide such
821 service by contracts with privately owned service providers.
822 (14) Furnish required emergency rail transportation service
823 if no other private or public rail transportation operation is
824 available to supply the required service and such service is
825 clearly in the best interest of the people in the communities
826 being served. Such emergency service may be furnished through
827 contractual arrangement, actual operation of state-owned
828 equipment and facilities, or any other means determined
829 appropriate by the secretary.
830 (15) Assist in the development and implementation of
831 marketing programs for rail services and of information systems
832 directed toward assisting rail systems users.
833 (16) Conduct research into innovative or potentially
834 effective rail technologies and methods and maintain expertise
835 in state-of-the-art rail developments.
836 (17) In conjunction with the acquisition, ownership,
837 construction, operation, maintenance, and management of a rail
838 corridor, have the authority to:
839 (a) Assume the obligation by contract to forever protect,
840 defend, indemnify, and hold harmless the freight rail operator,
841 or its successors, from whom the department has acquired a real
842 property interest in the rail corridor, and that freight rail
843 operator’s officers, agents, and employees, from and against any
844 liability, cost, and expense, including, but not limited to,
845 commuter rail passengers and rail corridor invitees in the rail
846 corridor, regardless of whether the loss, damage, destruction,
847 injury, or death giving rise to any such liability, cost, or
848 expense is caused in whole or in part, and to whatever nature or
849 degree, by the fault, failure, negligence, misconduct,
850 nonfeasance, or misfeasance of such freight rail operator, its
851 successors, or its officers, agents, and employees, or any other
852 person or persons whomsoever, provided that such assumption of
853 liability of the department by contract shall not in any
854 instance exceed the following parameters of allocation of risk:
855 1. The department may be solely responsible for any loss,
856 injury, or damage to commuter rail passengers, or rail corridor
857 invitees, or trespassers, regardless of circumstances or cause,
858 subject to subparagraphs 2., 3., 4., 5., and 6.
859 2. In the event of a limited covered accident, the
860 authority of the department to protect, defend and indemnify the
861 freight operator for all liability, cost and expense, including
862 punitive or exemplary damages, in excess of the deductible or
863 self-insurance retention fund established under paragraph (b)
864 and actually in force at the time of the limited covered
865 accident exists only if the freight operator agrees, with
866 respect to the limited covered accident, to protect, defend, and
867 indemnify the department for the amount of the deductible or
868 self-insurance retention fund established under paragraph (b)
869 and actually in force at the time of the limited covered
870 accident.
871 3. When only one train is involved in an incident, the
872 department may be solely responsible for any loss, injury, or
873 damage if the train is a department train or other train
874 pursuant to subparagraph 4., but only if when an incident occurs
875 with only a freight train involved, including incidents with
876 trespassers or at grade crossings, the freight rail operator is
877 solely responsible for any loss, injury, or damage, except for
878 commuter rail passengers and rail corridor invitees.
879 4. For the purposes of this subsection, any train involved
880 in an incident that is neither the department’s train nor the
881 freight rail operator’s train, hereinafter referred to in this
882 subsection as an “other train,” may be treated as a department
883 train, solely for purposes of any allocation of liability
884 between the department and the freight rail operator only, but
885 only if the department and the freight rail operator share
886 responsibility equally as to third parties outside the rail
887 corridor who incur loss, injury, or damage as a result of any
888 incident involving both a department train and a freight rail
889 operator train, and the allocation as between the department and
890 the freight rail operator, regardless of whether the other train
891 is treated as a department train, shall remain one-half each as
892 to third parties outside the rail corridor who incur loss,
893 injury, or damage as a result of the incident. The involvement
894 of any other train shall not alter the sharing of equal
895 responsibility as to third parties outside the rail corridor who
896 incur loss, injury, or damage as a result of the incident.
897 5. When more than one train is involved in an incident:
898 a. If only a department train and freight rail operator’s
899 train, or only an other train as described in subparagraph 4.
900 and a freight rail operator’s train, are involved in an
901 incident, the department may be responsible for its property and
902 all of its people, all commuter rail passengers, rail corridor
903 invitees, but only if the freight rail operator is responsible
904 for its property and all of its people, and the department and
905 the freight rail operator each share one-half responsibility as
906 to trespassers or third parties outside the rail corridor who
907 incur loss, injury, or damage as a result of the incident.
908 b. If a department train, a freight rail operator train,
909 and any other train are involved in an incident, the allocation
910 of liability between the department and the freight rail
911 operator, regardless of whether the other train is treated as a
912 department train, shall remain one-half each as to third parties
913 outside the rail corridor who incur loss, injury, or damage as a
914 result of the incident; the involvement of any other train shall
915 not alter the sharing of equal responsibility as to third
916 parties outside the rail corridor who incur loss, injury, or
917 damage as a result of the incident; and, if the owner, operator,
918 or insurer of the other train makes any payment to injured third
919 parties outside the rail corridor who incur loss, injury, or
920 damage as a result of the incident, the allocation of credit
921 between the department and the freight rail operator as to such
922 payment shall not in any case reduce the freight rail operator’s
923 third-party-sharing allocation of one-half under this paragraph
924 to less than one-third of the total third party liability.
925 6. Any such contractual duty to protect, defend, indemnify,
926 and hold harmless such a freight rail operator shall expressly
927 include a specific cap on the amount of the contractual duty,
928 which amount shall not exceed $200 million without prior
929 legislative approval, and the department to purchase liability
930 insurance and establish a self-insurance retention fund in the
931 amount of the specific cap established under this subparagraph,
932 provided that:
933 a. No such contractual duty shall in any case be effective
934 nor otherwise extend the department’s liability in scope and
935 effect beyond the contractual liability insurance and self
936 insurance retention fund required pursuant to this paragraph;
937 and
938 b. The freight rail operator’s compensation to the
939 department for future use of the department’s rail corridor
940 shall include a monetary contribution to the cost of such
941 liability coverage for the sole benefit of the freight rail
942 operator.
943 (b) Purchase liability insurance, which amount shall not
944 exceed $200 million, and establish a self-insurance retention
945 fund for the purpose of paying the deductible limit established
946 in the insurance policies it may obtain, including coverage for
947 the department, any freight rail operator as described in
948 paragraph (a), commuter rail service providers, governmental
949 entities, or any ancillary development, which self-insurance
950 retention fund or deductible shall not exceed $10 million. The
951 insureds shall pay a reasonable monetary contribution to the
952 cost of such liability coverage for the sole benefit of the
953 insured. Such insurance and self-insurance retention fund may
954 provide coverage for all damages, including, but not limited to,
955 compensatory, special, and exemplary, and be maintained to
956 provide an adequate fund to cover claims and liabilities for
957 loss, injury, or damage arising out of or connected with the
958 ownership, operation, maintenance, and management of a rail
959 corridor.
960 (c) Incur expenses for the purchase of advertisements,
961 marketing, and promotional items.
962
963 Neither the assumption by contract to protect, defend,
964 indemnify, and hold harmless; the purchase of insurance; nor the
965 establishment of a self-insurance retention fund shall be deemed
966 to be a waiver of any defense of sovereign immunity for torts
967 nor deemed to increase the limits of the department’s or the
968 governmental entity’s liability for torts as provided in s.
969 768.28. The requirements of s. 287.022(1) shall not apply to the
970 purchase of any insurance under this subsection. The provisions
971 of this subsection shall apply and inure fully as to any other
972 governmental entity providing commuter rail service and
973 constructing, operating, maintaining, or managing a rail
974 corridor on publicly owned right-of-way under contract by the
975 governmental entity with the department or a governmental entity
976 designated by the department. Notwithstanding any law to the
977 contrary, procurement for the construction, operation,
978 maintenance, and management of any rail corridor described in
979 this subsection, whether by the department, a governmental
980 entity under contract with the department, or a governmental
981 entity designated by the department, shall be pursuant to s.
982 287.057 and shall include, but not be limited to, criteria for
983 the consideration of qualifications, technical aspects of the
984 proposal, and price. Further, any such contract for design-build
985 shall be procured pursuant to the criteria in s. 337.11(7).
986 (18)(17) Exercise such other functions, powers, and duties
987 in connection with the rail system plan as are necessary to
988 develop a safe, efficient, and effective statewide
989 transportation system.
990 Section 7. The Department of Transportation may complete an
991 escrowed closing on the pending Central Florida Rail Corridor
992 acquisition; however, the drawdown of such escrowed closing
993 shall not occur unless and until final Federal Transit
994 Administration full-funding grant agreement approval is obtained
995 for the proposed Central Florida Commuter Rail Transit Project
996 Initial Operating Segment.
997 Section 8. Effective July 1, 2010, subsection (4) of
998 section 341.303, Florida Statutes, is amended, and subsections
999 (5) and (6) are added to that section, to read:
1000 341.303 Funding authorization and appropriations;
1001 eligibility and participation.—
1002 (4) FUND PARTICIPATION; OPERATING COSTS SERVICE
1003 DEVELOPMENT.—
1004 (a) The department is authorized to fund up to 100 50
1005 percent of the net operating costs of any eligible intercity or
1006 commuter rail system for up to 7 years, beginning from the open
1007 to-service date service development project that is local in
1008 scope, not to exceed the local match.
1009 (b) The department is authorized to fund up to 100 percent
1010 of the net operating costs of any eligible intercity or commuter
1011 rail service development project that is statewide in scope or
1012 involves more than one county if no other governmental unit of
1013 appropriate jurisdiction exists. For commuter rail service,
1014 after the 5th year of operation, the department’s participation
1015 is limited to a maximum of 50 percent of the net operating costs
1016 of the service.
1017 (c) Each such local or statewide service development
1018 project shall be identified in the appropriation request of the
1019 department in a manner that defines project objectives, the
1020 assigned operational and financial responsibilities, the
1021 timeframe required to develop the service, and the criteria by
1022 which the success of the project can be judged.
1023 (d) Any service development project funded under this
1024 section shall continue to be eligible for such funds only if the
1025 project reaches a systemwide operating ratio of 25 percent or
1026 more during the 5th year.
1027 (b)(e) The term “net operating costs” means all operating
1028 costs of the project less any federal funds, fares, or other
1029 sources of income to the project.
1030 (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
1031 (a) The department, through the Florida Rail Enterprise, is
1032 authorized to use funds provided under s. 201.15(1)(c)1.d. to
1033 fund up to 50 percent of the nonfederal share of the costs of
1034 any eligible passenger rail capital improvement project.
1035 (b) The department, through the Florida Rail Enterprise, is
1036 authorized to use funds provided under s. 201.15(1)(c)1.d. to
1037 fund up to 100 percent of planning and development costs related
1038 to the provision of a passenger rail system, including, but not
1039 limited to, preliminary engineering, revenue studies,
1040 environmental impact studies, financial advisory services,
1041 engineering design, and other appropriate professional services.
1042 (c) The department, through the Florida Rail Enterprise, is
1043 authorized to use funds provided under s. 201.15(1)(c)1.d. to
1044 fund the high-speed rail system.
1045 (d) The department, through the Florida Rail Enterprise, is
1046 authorized to use funds provided under s. 201.15(1)(c)1.d. to
1047 fund projects necessary to identify or address anticipated
1048 impacts of increased freight rail traffic resulting from the
1049 implementation of passenger rail systems as provided in s.
1050 341.302(3)(b).
1051 (6) FLORIDA RAIL ENTERPRISE; BUDGET.—
1052 (a) The Florida Rail Enterprise shall be a single budget
1053 entity and shall develop a budget pursuant to chapter 216. The
1054 enterprise’s budget shall be submitted to the Legislature along
1055 with the department’s budget. All passenger rail funding by the
1056 department shall be included in this budget entity.
1057 (b) Notwithstanding the provisions of s. 216.301 to the
1058 contrary and in accordance with s. 216.351, the Executive Office
1059 of the Governor shall, on July 1 of each year, certify forward
1060 all unexpended funds appropriated or provided pursuant to this
1061 section for the enterprise. Of the unexpended funds certified
1062 forward, any unencumbered amounts shall be carried forward. Such
1063 funds carried forward shall not exceed 5 percent of the original
1064 approved operating budget of the enterprise pursuant to s.
1065 216.181(1). Funds carried forward pursuant to this section may
1066 be used for any lawful purpose, including, but not limited to,
1067 promotional and market activities, technology, and training. Any
1068 certified-forward funds remaining undisbursed on September 30 of
1069 each year shall be carried forward.
1070 Section 9. Section 341.8201, Florida Statutes, is amended
1071 to read:
1072 341.8201 Short title.—Sections 341.8201-341.842 may be
1073 cited as the “Florida High-Speed Rail Enterprise Authority Act.”
1074 Section 10. Section 341.8202, Florida Statutes, is
1075 repealed.
1076 Section 11. Section 341.8203, Florida Statutes, is amended
1077 to read:
1078 341.8203 Definitions.—As used in ss. 341.8201-341.842 this
1079 act, unless the context clearly indicates otherwise, the term:
1080 (1) “Associated development” means property, equipment,
1081 buildings, or other related ancillary facilities which are
1082 built, installed, used, or established to provide financing,
1083 funding, or revenues for the planning, building, managing, and
1084 operation of a high-speed rail system and which are associated
1085 with or part of the rail stations. The term includes air and
1086 subsurface rights, services that provide local area network
1087 devices for transmitting data over wireless networks, property,
1088 including air rights, necessary for joint development, such as
1089 parking facilities, retail establishments, restaurants, hotels,
1090 offices, advertising, or other commercial, civic, residential,
1091 or support facilities, and may also include property necessary
1092 to protect or preserve the rail station area by reducing urban
1093 blight or traffic congestion or property necessary to accomplish
1094 any of the purposes set forth in this subsection which are
1095 reasonably anticipated or necessary.
1096 (2) “Enterprise” means the Florida Rail Enterprise.
1097 “Authority” means the Florida High-Speed Rail Authority and its
1098 agents. However, for purposes of s. 341.840, the term does not
1099 include any agent of the authority except as provided in that
1100 section.
1101 (3) “Central Florida” means the counties of Lake, Seminole,
1102 Orange, Osceola, Citrus, Sumter, Volusia, Brevard, Hernando,
1103 Pasco, Hillsborough, Pinellas, and Polk.
1104 (4) “DBOM contract” means the document and all concomitant
1105 rights approved by the authority providing the selected person
1106 or entity the exclusive right to design, build, operate, and
1107 maintain a high-speed rail system.
1108 (5) “DBOM & F contract” means the document and all
1109 concomitant rights approved by the authority providing the
1110 selected person or entity the exclusive right to design, build,
1111 operate, maintain, and finance a high-speed rail system.
1112 (3)(6) “High-speed rail system” means any high-speed fixed
1113 guideway system for transporting people or goods, which system
1114 is, by definition of the United States Department of
1115 Transportation, reasonably expected to reach speeds of at least
1116 110 capable of operating at speeds in excess of 120 miles per
1117 hour, including, but not limited to, a monorail system, dual
1118 track rail system, suspended rail system, magnetic levitation
1119 system, pneumatic repulsion system, or other system approved by
1120 the enterprise authority. The term includes a corridor,
1121 associated intermodal connectors, and structures essential to
1122 the operation of the line, including the land, structures,
1123 improvements, rights-of-way, easements, rail lines, rail beds,
1124 guideway structures, switches, yards, parking facilities, power
1125 relays, switching houses, and rail stations and also includes
1126 facilities or equipment used exclusively for the purposes of
1127 design, construction, operation, maintenance, or the financing
1128 of the high-speed rail system.
1129 (4)(7) “Joint development” means the planning, managing,
1130 financing, or constructing of projects adjacent to, functionally
1131 related to, or otherwise related to a high-speed rail system
1132 pursuant to agreements between any person, firm, corporation,
1133 association, organization, agency, or other entity, public or
1134 private.
1135 (8) “Northeast Florida” means the counties of Nassau,
1136 Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
1137 (9) “Northwest Florida” means the counties of Escambia,
1138 Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson,
1139 Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, Jefferson,
1140 Madison, Wakulla, Taylor, Hamilton, Suwannee, Columbia, Baker,
1141 Union, Lafayette, Gilchrist, Dixie, Bradford, and Levy.
1142 (5)(10) “Rail station,” “station,” or “high-speed rail
1143 station” means any structure or transportation facility that is
1144 part of a high-speed rail system designed to accommodate the
1145 movement of passengers from one mode of transportation to
1146 another at which passengers board or disembark from
1147 transportation conveyances and transfer from one mode of
1148 transportation to another.
1149 (6)(11) “Selected person or entity” means the person or
1150 entity to whom the enterprise authority awards a contract under
1151 s. 341.834 to establish a high-speed rail system pursuant to ss.
1152 341.8201-341.842 this act.
1153 (12) “Southeast Florida” means the counties of Broward,
1154 Monroe, Miami-Dade, Indian River, St. Lucie, Martin, Okeechobee,
1155 and Palm Beach.
1156 (13) “Southwest Florida” means the counties of Manatee,
1157 Hardee, DeSoto, Sarasota, Highlands, Charlotte, Glades, Lee,
1158 Hendry, and Collier.
1159 (14) “Urban areas” means Central Florida, Northeast
1160 Florida, Northwest Florida, Southeast Florida, and Southwest
1161 Florida.
1162 Section 12. Section 341.821, Florida Statutes, is repealed.
1163 Section 13. Section 341.822, Florida Statutes, is amended
1164 to read:
1165 341.822 Powers and duties.—
1166 (1) The enterprise authority created and established by
1167 this act shall locate, plan, design, finance, construct,
1168 maintain, own, operate, administer, and manage the high-speed
1169 rail system in the state.
1170 (2)(a) In addition to the powers granted to the department,
1171 the enterprise has full authority to exercise all powers granted
1172 to it under this chapter. Powers shall include, but are not
1173 limited to, the ability to plan, construct, maintain, repair,
1174 and operate a high-speed rail system, to acquire corridors, and
1175 to coordinate the development and operation of publicly funded
1176 passenger rail systems in the state. The authority may exercise
1177 all powers granted to corporations under the Florida Business
1178 Corporation Act, chapter 607, except the authority may only
1179 incur debt in accordance with levels authorized by the
1180 Legislature.
1181 (b) It is the express intention of ss. 341.8201-341.842
1182 that the enterprise be authorized to plan, develop, own,
1183 purchase, lease, or otherwise acquire, demolish, construct,
1184 improve, relocate, equip, repair, maintain, operate, and manage
1185 the high-speed rail system; to expend funds to publicize,
1186 advertise, and promote the advantages of using the high-speed
1187 rail system and its facilities; and to cooperate, coordinate,
1188 partner, and contract with other entities, public and private,
1189 to accomplish these purposes.
1190 (3) The authority shall have perpetual succession as a body
1191 politic and corporate.
1192 (3)(4) The enterprise shall have the authority to employ
1193 procurement methods available to the department under chapters
1194 255, 287, 334, and 337, or otherwise in accordance with law. The
1195 enterprise may also solicit proposals and, with legislative
1196 approval as evidenced by approval of the project in the
1197 department’s work program, enter into agreements with private
1198 entities, or consortia thereof, for the building, operation,
1199 ownership, or financing of the high-speed rail system authority
1200 is authorized to seek and obtain federal matching funds or any
1201 other funds to fulfill the requirements of this act either
1202 directly or through the Department of Transportation.
1203 (4)(5) The authority may employ an executive director of
1204 the enterprise shall appoint staff, who shall be exempt from
1205 part II of chapter 110 as it may require and shall determine the
1206 qualifications and fix the compensation. The authority may
1207 delegate to one or more of its agents or employees such of its
1208 power as it deems necessary to carry out the purposes of this
1209 act, subject always to the supervision and control of the
1210 authority.
1211 (5) The powers conferred upon the enterprise under ss.
1212 341.8201-341.842 shall be in addition and supplemental to the
1213 existing powers of the department, and these powers shall not be
1214 construed as repealing any provision of any other law, general
1215 or local, but shall supersede such other laws that are
1216 inconsistent with the exercise of the powers provided under ss.
1217 341.8201-341.842 and provide a complete method for the exercise
1218 of such powers granted.
1219 (6) Any proposed rail enterprise project or improvement
1220 shall be developed in accordance with the Florida Transportation
1221 Plan and the work program under s. 339.135.
1222 Section 14. Section 341.8225, Florida Statutes, is created
1223 to read:
1224 341.8225 Department of Transportation sole governmental
1225 entity to acquire, construct, or operate high-speed rail
1226 projects; exception.—
1227 (1) No governmental entity other than the department may
1228 acquire, construct, maintain, or operate the high-speed rail
1229 system except upon specific authorization of the Legislature.
1230 (2) Local governmental entities, as defined in s.
1231 334.03(14), may negotiate with the department for the design,
1232 right-of-way acquisition, and construction of any component of
1233 the high-speed rail system within areas of their respective
1234 jurisdictions or within counties with which they have interlocal
1235 agreements.
1236 Section 15. Sections 341.823, 341.824, 341.827, 341.828,
1237 341.829, 341.830, 341.831, 341.832, 341.833, 341.834, and
1238 341.835, Florida Statutes, are repealed.
1239 Section 16. Section 341.836, Florida Statutes, is amended
1240 to read:
1241 341.836 Associated development.—
1242 (1) The enterprise authority, alone or as part of a joint
1243 development, may undertake development of associated
1244 developments to be a source of revenue for the establishment,
1245 construction, operation, or maintenance of the high-speed rail
1246 system. Such associated developments must be associated with a
1247 rail station and have pedestrian ingress to and egress from the
1248 rail station; be consistent, to the extent feasible, with
1249 applicable local government comprehensive plans and local land
1250 development regulations; and otherwise be in compliance with ss.
1251 341.8201-341.842 the provisions of this act.
1252 (2) Sections 341.8201-341.842 do This act does not prohibit
1253 the enterprise authority, the selected person or entity, or a
1254 party to a joint venture with the enterprise authority or its
1255 selected person or entity from obtaining approval, pursuant to
1256 any other law, for any associated development that is reasonably
1257 related to the high-speed rail system.
1258 Section 17. Section 341.837, Florida Statutes, is repealed.
1259 Section 18. Section 341.838, Florida Statutes, is amended
1260 to read:
1261 341.838 Fares, rates, rents, fees, and charges.—
1262 (1) The enterprise may establish authority is authorized to
1263 fix, revise, charge, and collect fares, rates, rents, fees,
1264 charges, and revenues for the use of and for the services
1265 furnished, or to be furnished, by the system and to contract
1266 with any person, partnership, association, corporation, or other
1267 body, public or private, in respect thereof. Such fares, rates,
1268 rents, fees, and charges shall be reviewed annually by the
1269 enterprise authority and may be adjusted as set forth in the
1270 contract setting such fares, rates, rents, fees, or charges. The
1271 funds collected pursuant to this section hereunder shall, with
1272 any other funds available, be used to pay the cost of all
1273 administrative expenses of the authority, and the cost of
1274 designing, building, operating, financing, and maintaining the
1275 system and each and every portion thereof, to the extent that
1276 the payment of such cost has not otherwise been adequately
1277 provided for.
1278 (2) Fares, rates, rents, fees, and charges established
1279 fixed, revised, charged, and collected by the enterprise
1280 pursuant to this section shall not be subject to supervision or
1281 regulation by any other department, commission, board, body,
1282 bureau, or agency of this state other than the enterprise
1283 authority.
1284 Section 19. Section 341.839, Florida Statutes, is amended
1285 to read:
1286 341.839 Alternate means.—Sections 341.8201-341.842 The
1287 foregoing sections of this act shall be deemed to provide an
1288 additional and alternative method for accomplishing the purposes
1289 authorized therein, and are shall be regarded as supplemental
1290 and additional to powers conferred by other laws. Except as
1291 otherwise expressly provided in ss. 341.8201-341.842 this act,
1292 none of the powers granted to the enterprise authority under ss.
1293 341.8201-341.842 are the provisions of this act shall be subject
1294 to the supervision or require the approval or consent of any
1295 municipality or political subdivision or any commission, board,
1296 body, bureau, or official.
1297 Section 20. Section 341.841, Florida Statutes, is repealed.
1298 Section 21. Paragraphs (j) and (m) of subsection (2) of
1299 section 110.205, Florida Statutes, are amended to read:
1300 110.205 Career service; exemptions.—
1301 (2) EXEMPT POSITIONS.—The exempt positions that are not
1302 covered by this part include the following:
1303 (j) The appointed secretaries and the State Surgeon
1304 General, assistant secretaries, deputy secretaries, and deputy
1305 assistant secretaries of all departments; the executive
1306 directors, assistant executive directors, deputy executive
1307 directors, and deputy assistant executive directors of all
1308 departments; the directors of all divisions and those positions
1309 determined by the department to have managerial responsibilities
1310 comparable to such positions, which positions include, but are
1311 not limited to, program directors, assistant program directors,
1312 district administrators, deputy district administrators, the
1313 Director of Central Operations Services of the Department of
1314 Children and Family Services, the State Transportation
1315 Development Administrator, State Public Transportation and Modal
1316 Administrator, district secretaries, district directors of
1317 transportation development, transportation operations,
1318 transportation support, and the managers of the offices
1319 specified in s. 20.23(4)(3)(b), of the Department of
1320 Transportation. Unless otherwise fixed by law, the department
1321 shall set the salary and benefits of these positions in
1322 accordance with the rules of the Senior Management Service; and
1323 the county health department directors and county health
1324 department administrators of the Department of Health.
1325 (m) All assistant division director, deputy division
1326 director, and bureau chief positions in any department, and
1327 those positions determined by the department to have managerial
1328 responsibilities comparable to such positions, which positions
1329 include, but are not limited to:
1330 1. Positions in the Department of Health and the Department
1331 of Children and Family Services that are assigned primary duties
1332 of serving as the superintendent or assistant superintendent of
1333 an institution.
1334 2. Positions in the Department of Corrections that are
1335 assigned primary duties of serving as the warden, assistant
1336 warden, colonel, or major of an institution or that are assigned
1337 primary duties of serving as the circuit administrator or deputy
1338 circuit administrator.
1339 3. Positions in the Department of Transportation that are
1340 assigned primary duties of serving as regional toll managers and
1341 managers of offices, as defined in s. 20.23(4)(3)(b) and
1342 (5)(4)(c), and captains and majors of the Office of Motor
1343 Carrier Compliance.
1344 4. Positions in the Department of Environmental Protection
1345 that are assigned the duty of an Environmental Administrator or
1346 program administrator.
1347 5. Positions in the Department of Health that are assigned
1348 the duties of Environmental Administrator, Assistant County
1349 Health Department Director, and County Health Department
1350 Financial Administrator.
1351
1352 Unless otherwise fixed by law, the department shall set the
1353 salary and benefits of the positions listed in this paragraph in
1354 accordance with the rules established for the Selected Exempt
1355 Service.
1356 Section 22. Except as otherwise expressly provided in this
1357 act, this act shall take effect upon becoming a law.