Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1180
       
       
       
       
       
       
                                Barcode 663606                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Budget (Sobel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2959 and 2960
    4  insert:
    5         Section 58. High-speed rail and fixed-guideway
    6  transportation systems; contracting procedures; public
    7  disclosure.—
    8         (1) LEGISLATIVE FINDINGS AND INTENT.—
    9         (a) The Legislature finds that the design, engineering,
   10  operation, and maintenance of Florida’s proposed high-speed rail
   11  system and other fixed-guideway transportation systems will be
   12  funded with public moneys provided by federal and state
   13  taxpayers, bond sales, and public-private partnerships following
   14  competitive bidding processes.
   15         (b)The Florida Rail Enterprise and residents of this state
   16  should have the benefit of appropriate and complete disclosure
   17  by all entities competing to build and operate the high-speed
   18  rail system and other fixed-guideway transportation systems.
   19  Such disclosure and related due diligence is essential to this
   20  state’s regulation and oversight of the contracting process and
   21  expenditure of state funds.
   22         (c)It has come to the Legislature’s attention that certain
   23  potential entities that have expressed interest in competing for
   24  publicly funded rail system contracts have engaged in conduct
   25  that the Legislature believes requires public disclosures. For
   26  instance, between 1942 and 1944, many thousands of persons,
   27  including current residents of this state, were deported to
   28  extermination camps, work camps, concentration camps, prisoner
   29  of-war camps, or any similar camps by whatever name in Europe on
   30  trains.
   31         (d) It is the intent of the Legislature that, in the spirit
   32  of complete transparency, the bidding and contract entities
   33  competing for contracts reveal what, if any, relationship the
   34  entity had with those entities that served the interests of
   35  those responsible for the mass deportations in wartime.
   36         (2) CONTRACTING PROCEDURES; FULL DISCLOSURE.—This
   37  subsection establishes the proper procedures for entities that
   38  intend to bid or submit a proposal to contract with the Florida
   39  Rail Enterprise or a fixed-guideway transportation system for
   40  goods or services related to the high-speed and other rail
   41  systems, as contemplated by the Florida Rail Enterprise Act.
   42         (a)Notwithstanding any other law, each entity applying for
   43  a publicly funded contract with the Florida Rail Enterprise or a
   44  fixed-guideway transportation system, including, but not limited
   45  to, the engineering, construction, manufacture, or operation of
   46  a high-speed rail system or other fixed-guideway transportation
   47  system, shall affirmatively certify the following in advance of
   48  submitting a formal bid:
   49         1. Whether the entity had any direct involvement in the
   50  deportation of any individual to an extermination camp, work
   51  camp, concentration camp, prisoner-of-war camp, or any similar
   52  camp in Europe during the period from January 1, 1942, through
   53  December 31, 1944.
   54         2. If an entity responds that it had a direct involvement
   55  in the deportation of any individual, as described in
   56  subparagraph 1., the entity shall certify all of the following:
   57         a. Whether the entity has any records, whenever created, in
   58  its possession, custody, or control related to those
   59  deportations.
   60         b. Whether the entity has taken any remedial action
   61  concerning those deportations, and whether the entity has
   62  provided restitution to all identifiable victims of those
   63  deportations.
   64         (b)An entity that certifies its direct involvement under
   65  this subsection may provide any mitigating circumstances in
   66  narrative or documentary form.
   67         (c) The Florida Rail Enterprise or other fixed-guideway
   68  transportation system shall acknowledge receipt of the
   69  information as required by this subsection when awarding
   70  contracts.
   71         (3) DEFINITIONS.—As used in this section, the term:
   72         (a) “Direct involvement” means ownership or operation of
   73  the trains on which a person was deported to an extermination
   74  camp, work camp, concentration camp, prisoner-of-war camp, or
   75  any similar camp by whatever name in Europe during the period
   76  from January 1, 1942, through December 31, 1944.
   77         (b) “Entity” includes any corporation, affiliate, or other
   78  entity that controls, is controlled by, or is under common
   79  control with, or that is a member of a partnership or a
   80  consortium with, an entity that is subject to this section. An
   81  entity is presumed to be in control of another corporation or
   82  entity if it owns or directly or indirectly controls more than
   83  50 percent of the voting securities or more than 50 percent of
   84  any other ownership interest of the other corporation or entity.
   85  This definition applies irrespective of whether or not the
   86  equity interest in the entity is owned by a foreign state.
   87         (c) “Fixed-guideway transportation system” means a public
   88  transit system for the transporting of people by a conveyance,
   89  or a series of interconnected conveyances, which is specifically
   90  designed for travel on a stationary rail or other guideway,
   91  whether located on, above, or under the ground.
   92  
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95         And the title is amended as follows:
   96         Delete line 224
   97  and insert:
   98         future expiration of the pilot program; providing
   99  legislative findings and intent relating to high-speed rail;
  100  requiring each entity intending to bid or submit a proposal to
  101  contract with the Florida Rail Enterprise or a fixed-guideway
  102  transportation system for goods or services related to high
  103  speed or other rail systems to certify whether the entity had
  104  any direct involvement in the deportation of any individual to
  105  an extermination camp, work camp, concentration camp, prisoner
  106  of-war camp, or any similar camp by whatever name located in
  107  Europe during the period from January 1, 1942, through December
  108  31, 1944, and if so, whether the entity has physical possession
  109  of records related to the deportations and has provided
  110  restitution to identifiable victims; authorizing the entity to
  111  offer proof of mitigating circumstances related to acts
  112  committed during the wartime period; requiring that the Florida
  113  Rail Enterprise and other fixed-guideway transportation system
  114  acknowledge receipt of the information when awarding contracts;
  115  providing definitions; providing an
  116