Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7054
       
       
       
       
       
                               Ì315656>Î315656                          
       
       576-04167-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; revising the organization of the Department of
    4         Transportation; providing duties for the department
    5         related to rail systems; revising provisions relating
    6         to the operation of a rail enterprise; amending s.
    7         201.15, F.S.; revising uses for distributions made
    8         under the State Transportation Trust Fund in specified
    9         fiscal years; providing for the expiration of a
   10         specified provision; beginning in a specified fiscal
   11         year, requiring the allocation of a certain of amount
   12         of funds to the State Transportation Trust Fund to be
   13         used for rail safety; amending s. 206.46, F.S.;
   14         revising a limitation on an annual transfer from the
   15         State Transportation Trust Fund to the Right-of-Way
   16         Acquisition and Bridge Construction Trust Fund;
   17         amending ss. 206.606, 206.608, and 212.0501, F.S.;
   18         removing a requirement for deduction of certain
   19         service charges before the distribution of certain
   20         moneys; amending s. 311.101, F.S.; deleting the
   21         scheduled expiration of funding for the Intermodal
   22         Logistics Center Infrastructure Support Program;
   23         amending s. 319.32, F.S.; removing a requirement for
   24         deduction of certain service charges before depositing
   25         fees for a certificate of title into the State
   26         Transportation Trust Fund; amending s. 327.59, F.S.;
   27         prohibiting vessels under a specified weight from
   28         remaining in certain marinas that have been deemed
   29         unsuitable for refuge during a hurricane after the
   30         issuance of a hurricane watch; requiring a marina
   31         owner, operator, employee, or agent to remove
   32         specified vessels under certain circumstances;
   33         providing that such owner, operator, employee, or
   34         agent may charge the vessel owner a reasonable fee for
   35         such removal and may not be held liable for any
   36         damages as a result of such removal; providing
   37         construction; providing that the owners or operators
   38         of certain vessels may be subject to a fine that the
   39         deepwater seaport issuing an evacuation order is
   40         required to impose and collect; amending s. 333.03,
   41         F.S.; requiring airport protection zoning regulations
   42         to require certain permit applicants to submit a final
   43         valid determination from the Federal Aviation
   44         Administration; creating s. 334.275, F.S.; requiring a
   45         driver to vacate lanes or reduce vehicle speed on
   46         certain highways under certain conditions; providing
   47         an exception; authorizing portable radar speed display
   48         units to show or display certain lights under
   49         specified conditions; requiring the Department of
   50         Highway Safety and Motor Vehicles to include certain
   51         requirements in its specified educational awareness
   52         campaign and in driver license educational materials;
   53         requiring pedestrians using road rights-of-way to
   54         yield the right-of-way to authorized road or bridge
   55         maintenance or construction vehicles; providing an
   56         exception; providing applicability; providing
   57         construction; providing noncriminal penalties;
   58         amending s. 337.14, F.S.; expanding an exception to a
   59         certain prohibition on contracting to include airport
   60         projects; requiring seaports and airports, by a
   61         specified date, to adopt conflict of interest
   62         controls; specifying requirements for such controls;
   63         requiring that such controls be incorporated by
   64         reference in certain contracts entered into by
   65         seaports and airports; providing applicability;
   66         authorizing the department to provide technical
   67         assistance upon the request of a seaport or an
   68         airport; amending s. 337.25, F.S.; requiring the
   69         Department of Transportation to afford a right of
   70         first refusal to certain individuals under specified
   71         circumstances; providing requirements and procedures
   72         for the right of first refusal; amending s. 339.135,
   73         F.S.; conforming provisions to changes made by the
   74         act; deleting the scheduled expiration of provisions
   75         relating to approval of amendments submitted to the
   76         Legislative Budget Commission by the department;
   77         amending s. 339.175, F.S.; revising the date by which
   78         a metropolitan planning organization must submit a
   79         list of project priorities to the appropriate
   80         department district; repealing s. 339.2821, F.S.,
   81         relating to economic development transportation
   82         projects; amending s. 341.302, F.S.; revising the
   83         maximum amount of liability insurance the department
   84         may purchase; revising department responsibilities
   85         regarding rail systems; amending s. 341.303, F.S.;
   86         revising department funding authority regarding rail
   87         systems; conforming provisions to changes made by the
   88         act; repealing s. 341.8201, F.S., relating to the
   89         “Florida Rail Enterprise Act” short title; amending s.
   90         341.8203, F.S.; revising definitions; amending s.
   91         341.822, F.S.; requiring the department, rather than
   92         the Florida Rail Enterprise, to locate, plan, design,
   93         finance, construct, maintain, own, operate,
   94         administer, and manage the high-speed rail system in
   95         the state; amending s. 348.754, F.S.; deleting a
   96         provision prohibiting the Central Florida Expressway
   97         Authority from constructing extensions, additions, or
   98         improvements to the Central Florida Expressway System
   99         in Lake County without the consent of the Secretary of
  100         Transportation; amending ss. 288.0656, 339.08,
  101         341.825, 341.836, 341.838, 341.839, 341.840, 343.58,
  102         and 377.809, F.S.; conforming provisions to changes
  103         made by the act; providing effective dates.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Effective July 1, 2023, paragraphs (a) and (f)
  108  of subsection (4) of section 20.23, Florida Statutes, are
  109  amended to read:
  110         20.23 Department of Transportation.—There is created a
  111  Department of Transportation which shall be a decentralized
  112  agency.
  113         (4)(a) The operations of the department shall be organized
  114  into seven districts, each headed by a district secretary, and a
  115  turnpike enterprise and a rail enterprise, each enterprise
  116  headed by an executive director. The district secretaries and
  117  the executive director directors shall be registered
  118  professional engineers in accordance with the provisions of
  119  chapter 471 or the laws of another state, or, in lieu of
  120  professional engineer registration, a district secretary or the
  121  executive director may hold an advanced degree in an appropriate
  122  related discipline, such as a Master of Business Administration.
  123  The headquarters of the districts shall be located in Polk,
  124  Columbia, Washington, Broward, Volusia, Miami-Dade, and
  125  Hillsborough Counties. The headquarters of the turnpike
  126  enterprise shall be located in Orange County. The headquarters
  127  of the rail enterprise shall be located in Leon County. In order
  128  to provide for efficient operations and to expedite the
  129  decisionmaking process, the department shall provide for maximum
  130  decentralization to the districts.
  131         (f)1. The department shall have responsibility for
  132  developing and operating the high-speed and passenger rail
  133  systems established in chapter 341, directing funding for
  134  passenger rail systems under s. 341.303, ensuring general rail
  135  safety, coordinating efforts to enhance passenger rail safety in
  136  the state, and coordinating publicly funded passenger rail
  137  operations in the state, including freight rail interoperability
  138  issues, shall be delegated by the secretary to the executive
  139  director of the rail enterprise, who shall serve at the pleasure
  140  of the secretary. The executive director shall report directly
  141  to the secretary, and the rail enterprise shall operate pursuant
  142  to ss. 341.8201-341.842.
  143         2.To facilitate the most efficient and effective
  144  management of the rail enterprise, including the use of best
  145  business practices employed by the private sector, the rail
  146  enterprise, except as provided in s. 287.055, shall be exempt
  147  from departmental policies, procedures, and standards, subject
  148  to the secretary having the authority to apply any such
  149  policies, procedures, and standards to the rail enterprise from
  150  time to time as deemed appropriate.
  151         Section 2. Paragraph (a) of subsection (4) of section
  152  201.15, Florida Statutes, is amended to read:
  153         201.15 Distribution of taxes collected.—All taxes collected
  154  under this chapter are hereby pledged and shall be first made
  155  available to make payments when due on bonds issued pursuant to
  156  s. 215.618 or s. 215.619, or any other bonds authorized to be
  157  issued on a parity basis with such bonds. Such pledge and
  158  availability for the payment of these bonds shall have priority
  159  over any requirement for the payment of service charges or costs
  160  of collection and enforcement under this section. All taxes
  161  collected under this chapter, except taxes distributed to the
  162  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  163  are subject to the service charge imposed in s. 215.20(1).
  164  Before distribution pursuant to this section, the Department of
  165  Revenue shall deduct amounts necessary to pay the costs of the
  166  collection and enforcement of the tax levied by this chapter.
  167  The costs and service charge may not be levied against any
  168  portion of taxes pledged to debt service on bonds to the extent
  169  that the costs and service charge are required to pay any
  170  amounts relating to the bonds. All of the costs of the
  171  collection and enforcement of the tax levied by this chapter and
  172  the service charge shall be available and transferred to the
  173  extent necessary to pay debt service and any other amounts
  174  payable with respect to bonds authorized before January 1, 2017,
  175  secured by revenues distributed pursuant to this section. All
  176  taxes remaining after deduction of costs shall be distributed as
  177  follows:
  178         (4) After the required distributions to the Land
  179  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  180  deduction of the service charge imposed pursuant to s.
  181  215.20(1), the remainder shall be distributed as follows:
  182         (a) The lesser of 24.18442 percent of the remainder or
  183  $541.75 million in each fiscal year shall be paid into the State
  184  Treasury to the credit of the State Transportation Trust Fund.
  185  Of such funds, $75 million for each fiscal year shall be
  186  transferred to the General Revenue Fund. Notwithstanding any
  187  other law, the remaining amount credited to the State
  188  Transportation Trust Fund shall be used for:
  189         1. Capital funding for the New Starts Transit Program,
  190  authorized by Title 49, U.S.C. s. 5309 and specified in s.
  191  341.051, in the amount of 10 percent of the funds;
  192         2. The Small County Outreach Program specified in s.
  193  339.2818, in the amount of 10 percent of the funds;
  194         3. The Strategic Intermodal System specified in ss. 339.61,
  195  339.62, 339.63, and 339.64, in the amount of 75 percent of the
  196  funds after deduction of the payments required pursuant to
  197  subparagraphs 1. and 2.; and
  198         4.a. The Transportation Regional Incentive Program
  199  specified in s. 339.2819, in the amount of 25 percent of the
  200  funds after deduction of the payments required pursuant to
  201  subparagraphs 1. and 2.
  202         b. In fiscal years 2020-2021, 2020-2022, and 2022-2023, the
  203  first $60 million of the funds allocated pursuant to this
  204  subparagraph must shall be allocated annually to the Florida
  205  Rail Enterprise for the purposes established in s. 341.303(5).
  206  This sub-subparagraph expires July 1, 2023.
  207         c. Beginning in the 2023-2024 fiscal year, the first $60
  208  million of the funds allocated pursuant to this subparagraph
  209  must be allocated annually to the State Transportation Trust
  210  Fund to be used for rail projects and rail safety improvements
  211  as provided in s. 341.303(5).
  212         Section 3. Subsection (2) of section 206.46, Florida
  213  Statutes, is amended to read:
  214         206.46 State Transportation Trust Fund.—
  215         (2) Notwithstanding any other provision provisions of law,
  216  from the revenues deposited into the State Transportation Trust
  217  Fund a maximum of 7 percent in each fiscal year shall be
  218  transferred into the Right-of-Way Acquisition and Bridge
  219  Construction Trust Fund created in s. 215.605, as needed to meet
  220  the requirements of the documents authorizing the bonds issued
  221  or proposed to be issued under ss. 215.605 and 337.276 or at a
  222  minimum amount sufficient to pay for the debt service coverage
  223  requirements of outstanding bonds. Notwithstanding the 7 percent
  224  annual transfer authorized in this subsection, the annual amount
  225  transferred under this subsection shall not exceed an amount
  226  necessary to provide the required debt service coverage levels
  227  for a maximum debt service not to exceed $350 $275 million. Such
  228  transfer shall be payable primarily from the motor and diesel
  229  fuel taxes transferred to the State Transportation Trust Fund
  230  from the Fuel Tax Collection Trust Fund.
  231         Section 4. Subsection (1) of section 206.606, Florida
  232  Statutes, is amended to read:
  233         206.606 Distribution of certain proceeds.—
  234         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  235  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  236  Fund. Such moneys, after deducting the service charges imposed
  237  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  238  administrative costs incurred by the department in collecting,
  239  administering, enforcing, and distributing the tax, which
  240  administrative costs may not exceed 2 percent of collections,
  241  shall be distributed monthly to the State Transportation Trust
  242  Fund, except that:
  243         (a) Each fiscal year, $6.3 $6.30 million shall be
  244  transferred to the Fish and Wildlife Conservation Commission in
  245  each fiscal year and deposited in the Invasive Plant Control
  246  Trust Fund to be used for aquatic plant management, including
  247  nonchemical control of aquatic weeds, research into nonchemical
  248  controls, and enforcement activities. The commission shall
  249  allocate at least $1 million of such funds to the eradication of
  250  melaleuca.
  251         (b) Annually, $2.5 million shall be transferred to the
  252  State Game Trust Fund in the Fish and Wildlife Conservation
  253  Commission and used for recreational boating activities and
  254  freshwater fisheries management and research. The transfers must
  255  be made in equal monthly amounts beginning on July 1 of each
  256  fiscal year. The commission shall annually determine where unmet
  257  needs exist for boating-related activities, and may fund such
  258  activities in counties where, due to the number of vessel
  259  registrations, sufficient financial resources are unavailable.
  260         1. A minimum of $1.25 million shall be used to fund local
  261  projects to provide recreational channel marking and other
  262  uniform waterway markers, public boat ramps, lifts, and hoists,
  263  marine railways, and other public launching facilities, derelict
  264  vessel removal, and other local boating-related activities. In
  265  funding the projects, the commission shall give priority
  266  consideration to:
  267         a. Unmet needs in counties having populations of 100,000 or
  268  fewer.
  269         b. Unmet needs in coastal counties having a high level of
  270  boating-related activities from individuals residing in other
  271  counties.
  272         2. The remaining $1.25 million may be used for recreational
  273  boating activities and freshwater fisheries management and
  274  research.
  275         3. The commission may adopt rules to administer a Florida
  276  Boating Improvement Program.
  277  
  278  The commission shall prepare and make available on its Internet
  279  website an annual report outlining the status of its Florida
  280  Boating Improvement Program, including the projects funded, and
  281  a list of counties the whose needs of which are unmet due to
  282  insufficient financial resources from vessel registration fees.
  283         (c) 0.65 percent Of the moneys collected pursuant to s.
  284  206.41(1)(g), 0.65 percent shall be transferred to the
  285  Agricultural Emergency Eradication Trust Fund.
  286         (d) Each fiscal year, $13.4 million in fiscal year 2007
  287  2008 and each fiscal year thereafter of the moneys attributable
  288  to the sale of motor and diesel fuel at marinas shall be
  289  transferred from the Fuel Tax Collection Trust Fund to the
  290  Marine Resources Conservation Trust Fund in the Fish and
  291  Wildlife Conservation Commission.
  292         Section 5. Section 206.608, Florida Statutes, is amended to
  293  read:
  294         206.608 State Comprehensive Enhanced Transportation System
  295  Tax; deposit of proceeds; distribution.—Moneys received pursuant
  296  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
  297  Fuel Tax Collection Trust Fund, and, after deducting the service
  298  charge imposed in chapter 215 and administrative costs incurred
  299  by the department in collecting, administering, enforcing, and
  300  distributing the tax, which administrative costs may not exceed
  301  2 percent of collections, shall be distributed as follows:
  302         (1) 0.65 percent Of the proceeds of the tax levied pursuant
  303  to s. 206.41(1)(f), 0.65 percent shall be transferred to the
  304  Agricultural Emergency Eradication Trust Fund.
  305         (2) The remaining proceeds of the tax levied pursuant to s.
  306  206.41(1)(f) and all of the proceeds from the tax imposed by s.
  307  206.87(1)(d) shall be transferred into the State Transportation
  308  Trust Fund, and may be used only for projects in the adopted
  309  work program in the district in which the tax proceeds are
  310  collected, and, to the maximum extent feasible, such moneys
  311  shall be programmed for use in the county where collected.
  312  However, no revenue from the taxes imposed pursuant to ss.
  313  206.41(1)(f) and 206.87(1)(d) in a county may not shall be
  314  expended unless the projects funded with such revenues have been
  315  included in the work program adopted pursuant to s. 339.135.
  316         Section 6. Subsection (6) of section 212.0501, Florida
  317  Statutes, is amended to read:
  318         212.0501 Tax on diesel fuel for business purposes;
  319  purchase, storage, and use.—
  320         (6) All taxes required to be paid on fuel used in self
  321  propelled off-road equipment shall be deposited in the Fuel Tax
  322  Collection Trust Fund, to be distributed, after deduction of the
  323  general revenue service charge pursuant to s. 215.20, to the
  324  State Transportation Trust Fund. The department shall, each
  325  month, make a transfer, from general revenue collections, equal
  326  to such use tax reported on dealers’ sales and use tax returns.
  327         Section 7. Subsection (7) of section 311.101, Florida
  328  Statutes, is amended to read:
  329         311.101 Intermodal Logistics Center Infrastructure Support
  330  Program.—
  331         (7) Beginning in fiscal year 2014-2015, At least $5 million
  332  per fiscal year shall be made available from the State
  333  Transportation Trust Fund for the program. The Department of
  334  Transportation shall include projects proposed to be funded
  335  under this section in the tentative work program developed
  336  pursuant to s. 339.135(4). This subsection expires on July 1,
  337  2020.
  338         Section 8. Subsection (5) of section 319.32, Florida
  339  Statutes, is amended to read:
  340         319.32 Fees; service charges; disposition.—
  341         (5)(a) Forty-seven dollars of each fee collected, except
  342  for fees charged on a certificate of title for a motor vehicle
  343  for hire registered under s. 320.08(6), for each applicable
  344  original certificate of title and each applicable duplicate copy
  345  of a certificate of title, after deducting the service charges
  346  imposed by s. 215.20, shall be deposited into the State
  347  Transportation Trust Fund. Deposits to the State Transportation
  348  Trust Fund pursuant to this paragraph may not exceed $200
  349  million in any fiscal year, and any collections in excess of
  350  that amount during the fiscal year shall be paid into the
  351  General Revenue Fund.
  352         (b) All fees collected pursuant to subsection (3) shall be
  353  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  354  each fee, except for fees charged on a certificate of title for
  355  a motor vehicle for hire registered under s. 320.08(6), for each
  356  applicable original certificate of title and each applicable
  357  duplicate copy of a certificate of title, after deducting the
  358  service charges imposed by s. 215.20, shall be deposited into
  359  the State Transportation Trust Fund. All other fees collected by
  360  the department under this chapter shall be paid into the General
  361  Revenue Fund.
  362         Section 9. Subsection (1) of section 327.59, Florida
  363  Statutes, is amended, and subsection (5) is added to that
  364  section, to read:
  365         327.59 Marina evacuations.—
  366         (1) Except as provided in this section After June 1, 1994,
  367  marinas may not adopt, maintain, or enforce policies pertaining
  368  to evacuation of vessels which require vessels to be removed
  369  from marinas following the issuance of a hurricane watch or
  370  warning, in order to ensure that protecting the lives and safety
  371  of vessel owners is placed before interests of protecting
  372  property.
  373         (5)Upon the issuance of a hurricane watch affecting the
  374  waters of marinas located in a deepwater seaport, vessels under
  375  500 gross tons may not remain in the waters of such marinas that
  376  have been deemed not suitable for refuge during a hurricane.
  377  Vessel owners shall promptly remove their vessels from the
  378  waterways upon issuance of an evacuation order by the deepwater
  379  seaport. If the United States Coast Guard captain of the port
  380  sets the port condition to “Yankee” and a vessel owner has
  381  failed to remove a vessel from the waterway, the marina owner,
  382  operator, employee, or agent, regardless of any existing
  383  contractual provisions between the marina owner and the vessel
  384  owner, shall remove the vessel, or cause the vessel to be
  385  removed, if reasonable, from its slip and may charge the vessel
  386  owner a reasonable fee for any such services rendered. A marina
  387  owner, operator, employee, or agent may not be held liable for
  388  any damage incurred to a vessel from a hurricane and is held
  389  harmless as a result of such actions to remove the vessel from
  390  the waterways. Nothing in this section may be construed to
  391  provide immunity to a marina owner, operator, employee, or agent
  392  for any damage caused by intentional acts or negligence when
  393  removing a vessel pursuant to this section. After the hurricane
  394  watch has been issued, the owner or operator of any vessel that
  395  has not been removed from the waterway of the marina, pursuant
  396  to an order from the deepwater seaport, may be subject to a
  397  fine, which must be imposed and collected by the deepwater
  398  seaport that issued the evacuation order if assessed, in an
  399  amount not exceeding three times the cost associated with
  400  removing the vessel from the waterway.
  401         Section 10. Paragraph (c) of subsection (1) of section
  402  333.03, Florida Statutes, is amended to read:
  403         333.03 Requirement to adopt airport zoning regulations.—
  404         (1)
  405         (c) Airport protection zoning regulations adopted under
  406  paragraph (a) must, at a minimum, require:
  407         1. A permit for the construction or alteration of any
  408  obstruction.;
  409         2. Obstruction marking and lighting for obstructions.;
  410         3. Documentation showing compliance with the federal
  411  requirement for notification of proposed construction or
  412  alteration of structures and a final valid determination from
  413  the Federal Aviation Administration aeronautical study submitted
  414  by each person applying for a permit.;
  415         4. Consideration of the criteria in s. 333.025(6), when
  416  determining whether to issue or deny a permit.; and
  417         5. That approval of a permit not be based solely on the
  418  determination by the Federal Aviation Administration that the
  419  proposed structure is not an airport hazard.
  420         Section 11. Section 334.275, Florida Statutes, is created
  421  to read:
  422         334.275 Road and bridge maintenance and construction
  423  vehicle safety.—
  424         (1) Notwithstanding any other provision of law:
  425         (a) If a road or bridge maintenance or construction vehicle
  426  displaying warning lights is on the roadside without advanced
  427  signs or channeling devices, the driver of every other vehicle,
  428  as soon as it is safe, shall vacate the lane closest to the road
  429  or bridge maintenance or construction vehicle when driving on an
  430  interstate highway or other highway with two or more lanes
  431  traveling in the direction of the road or bridge maintenance or
  432  construction vehicle, except when otherwise directed by a law
  433  enforcement officer. If such movement cannot be safely
  434  accomplished, the driver of every other vehicle shall slow to a
  435  speed that is 20 miles per hour less than the speed limit when
  436  the speed limit is 25 miles per hour or greater; or travel at 5
  437  miles per hour when the posted speed limit is 20 miles per hour
  438  or less, when driving on a two-lane road, except when otherwise
  439  directed by a law enforcement officer.
  440         (b) Portable radar speed display units in advance of a work
  441  zone on roadways with a posted speed limit of 55 miles per hour
  442  or more may show or display flashing red and blue lights when
  443  workers are present in the work zone for the purpose of road or
  444  bridge maintenance or construction.
  445         (2) The Department of Highway Safety and Motor Vehicles
  446  shall include the requirements of this section in its
  447  educational awareness campaign relating to the Move Over Act and
  448  in all newly printed driver license educational materials.
  449         (3) Every pedestrian using the road right-of-way shall
  450  yield the right-of-way to an authorized road or bridge
  451  maintenance or construction vehicle, unless otherwise directed
  452  by a law enforcement officer.
  453         (4) This section applies to maintenance or construction
  454  being performed for a governmental transportation entity as
  455  defined in s. 334.27(1).
  456         (5) This section does not diminish or enlarge any rules of
  457  evidence or liability in any case involving the operation of a
  458  road or bridge maintenance or construction vehicle.
  459         (6)This section does not relieve the driver of an
  460  authorized road or bridge maintenance or construction vehicle
  461  from the duty to drive with due regard for the safety of all
  462  persons using the highway.
  463         (7) A violation of this section is a noncriminal traffic
  464  infraction, punishable pursuant to chapter 318 as either a
  465  moving violation for infractions of paragraph (1)(a) or as a
  466  pedestrian violation for infractions of subsection (5).
  467         Section 12. Subsection (7) of section 337.14, Florida
  468  Statutes, is amended to read:
  469         337.14 Application for qualification; certificate of
  470  qualification; restrictions; request for hearing.—
  471         (7)(a) A “contractor” as defined in s. 337.165(1)(d) or his
  472  or her “affiliate” as defined in s. 337.165(1)(a) qualified with
  473  the department under this section may not also qualify under s.
  474  287.055 or s. 337.105 to provide testing services, construction,
  475  engineering, and inspection services to the department. This
  476  limitation does not apply to any design-build prequalification
  477  under s. 337.11(7) and does not apply when the department
  478  otherwise determines by written order entered at least 30 days
  479  before advertisement that the limitation is not in the best
  480  interests of the public with respect to a particular contract
  481  for testing services, construction, engineering, and inspection
  482  services. This subsection does not authorize a contractor to
  483  provide testing services, or provide construction, engineering,
  484  and inspection services, to the department in connection with a
  485  construction contract under which the contractor is performing
  486  any work.
  487         (b) Notwithstanding any other provision of law to the
  488  contrary, for a project that is wholly or partially funded by
  489  the department and administered by a local governmental entity,
  490  except for a seaport listed in s. 311.09 or an airport as
  491  defined in s. 332.004, the entity performing design and
  492  construction engineering and inspection services may not be the
  493  same entity.
  494         1. By January 1, 2021, each seaport and airport shall adopt
  495  necessary controls for oversight and prevention of conflicts of
  496  interest when an entity is engaged to provide design services
  497  and to provide construction engineering and inspection services
  498  for the same seaport or airport project.
  499         2. Conflict of interest controls must, at a minimum,
  500  address:
  501         a. Conflict of interest guidance and policies for
  502  contracting entities.
  503         b. Conflict of interest identification, disclosure, and
  504  mitigation requirements for both the seaport or airport staff
  505  and the entity’s staff.
  506         c. Management and oversight resources and guidance.
  507         d. Monitoring and evaluating compliance with applicable
  508  federal and state laws and regulations.
  509         e. Training requirements and programs for seaport or
  510  airport staff and the entity’s staff on contract management.
  511         3. Conflict of interest controls required by subparagraphs
  512  1. and 2. shall be incorporated by reference into any contract
  513  entered into by a seaport or an airport under this paragraph.
  514  The contract must also clearly define each contracting party’s
  515  roles, responsibilities, and duties for a project.
  516         4. The requirements of this paragraph apply only to
  517  contracts executed after January 1, 2021, under which an entity
  518  is providing design services and construction engineering and
  519  inspection services on the same project.
  520         5. Upon the request of a seaport or an airport, the
  521  department may provide technical assistance in developing the
  522  conflict of interest controls required by this paragraph.
  523         Section 13. Subsection (4) of section 337.25, Florida
  524  Statutes, is amended to read:
  525         337.25 Acquisition, lease, and disposal of real and
  526  personal property.—
  527         (4) The department may convey, in the name of the state,
  528  any land, building, or other property, real or personal, which
  529  was acquired under subsection (1) and which the department has
  530  determined is not needed for the construction, operation, and
  531  maintenance of a transportation facility. When such a
  532  determination has been made, property may be disposed of through
  533  negotiations, sealed competitive bids, auctions, or any other
  534  means the department deems to be in its best interest, with due
  535  advertisement for property valued by the department at greater
  536  than $10,000. A sale may not occur at a price less than the
  537  department’s current estimate of value, except as provided in
  538  paragraphs (a)-(d). The department may afford a right of first
  539  refusal to the local government or other political subdivision
  540  in the jurisdiction in which the parcel is situated, except in a
  541  conveyance transacted under paragraph (a), paragraph (c), or
  542  paragraph (e). Notwithstanding any provision of this section to
  543  the contrary, before any conveyance under this subsection may be
  544  made, except a conveyance under paragraph (a) or paragraph (c),
  545  the department shall first afford a right of first refusal to
  546  the previous property owner for the department’s current
  547  estimate of value of the property. The right of first refusal
  548  must be made in writing and sent to the previous owner via
  549  certified mail or hand delivery, effective upon receipt. The
  550  right of first refusal must provide the previous owner with a
  551  minimum of 30 days to exercise the right in writing and must be
  552  sent to the originator of the offer by certified mail or hand
  553  delivery, effective upon dispatch. If the previous owner
  554  exercises his or her right of first refusal, the previous owner
  555  has a minimum of 90 days to close on the property.
  556         (a) If the property has been donated to the state for
  557  transportation purposes and a transportation facility has not
  558  been constructed for at least 5 years, plans have not been
  559  prepared for the construction of such facility, and the property
  560  is not located in a transportation corridor, the governmental
  561  entity may authorize reconveyance of the donated property for no
  562  consideration to the original donor or the donor’s heirs,
  563  successors, assigns, or representatives.
  564         (b) If the property is to be used for a public purpose, the
  565  property may be conveyed without consideration to a governmental
  566  entity.
  567         (c) If the property was originally acquired specifically to
  568  provide replacement housing for persons displaced by
  569  transportation projects, the department may negotiate for the
  570  sale of such property as replacement housing. As compensation,
  571  the state shall receive at least its investment in such property
  572  or the department’s current estimate of value, whichever is
  573  lower. It is expressly intended that this benefit be extended
  574  only to persons actually displaced by the project. Dispositions
  575  to any other person must be for at least the department’s
  576  current estimate of value.
  577         (d) If the department determines that the property requires
  578  significant costs to be incurred or that continued ownership of
  579  the property exposes the department to significant liability
  580  risks, the department may use the projected maintenance costs
  581  over the next 10 years to offset the property’s value in
  582  establishing a value for disposal of the property, even if that
  583  value is zero.
  584         (e) If, at the discretion of the department, a sale to a
  585  person other than an abutting property owner would be
  586  inequitable, the property may be sold to the abutting owner for
  587  the department’s current estimate of value.
  588         Section 14. Paragraph (c) of subsection (4) and paragraph
  589  (g) of subsection (7) of section 339.135, Florida Statutes, are
  590  amended to read:
  591         339.135 Work program; legislative budget request;
  592  definitions; preparation, adoption, execution, and amendment.—
  593         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  594         (c)1. For purposes of this section, the board of county
  595  commissioners shall serve as the metropolitan planning
  596  organization in those counties that which are not located in a
  597  metropolitan planning organization and shall be involved in the
  598  development of the district work program to the same extent as a
  599  metropolitan planning organization.
  600         2. The district work program shall be developed
  601  cooperatively from the outset with the various metropolitan
  602  planning organizations of the state and include, to the maximum
  603  extent feasible, the project priorities of metropolitan planning
  604  organizations which have been submitted to the district by
  605  August October 1 of each year pursuant to s. 339.175(8)(b);
  606  however, the department and a metropolitan planning organization
  607  may, in writing, cooperatively agree to vary this submittal
  608  date. To assist the metropolitan planning organizations in
  609  developing their lists of project priorities, the district shall
  610  disclose to each metropolitan planning organization any
  611  anticipated changes in the allocation or programming of state
  612  and federal funds which may affect the inclusion of metropolitan
  613  planning organization project priorities in the district work
  614  program.
  615         3. Before Prior to submittal of the district work program
  616  to the central office, the district shall provide the affected
  617  metropolitan planning organization with written justification
  618  for any project proposed to be rescheduled or deleted from the
  619  district work program which project is part of the metropolitan
  620  planning organization’s transportation improvement program and
  621  is contained in the last 4 years of the previous adopted work
  622  program. By no later than 14 days after submittal of the
  623  district work program to the central office, the affected
  624  metropolitan planning organization may file an objection to such
  625  rescheduling or deletion. When an objection is filed with the
  626  secretary, the rescheduling or deletion may not be included in
  627  the district work program unless the inclusion of such
  628  rescheduling or deletion is specifically approved by the
  629  secretary. The Florida Transportation Commission shall include
  630  such objections in its evaluation of the tentative work program
  631  only when the secretary has approved the rescheduling or
  632  deletion.
  633         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  634         (g)1. A Any work program amendment that which also requires
  635  the transfer of fixed capital outlay appropriations between
  636  categories within the department or the increase of an
  637  appropriation category is subject to the approval of the
  638  Legislative Budget Commission.
  639         2. If a meeting of the Legislative Budget Commission cannot
  640  be held within 30 days after the department submits an amendment
  641  to the Legislative Budget Commission, the chair and vice chair
  642  of the Legislative Budget Commission may authorize such
  643  amendment to be approved pursuant to s. 216.177. This
  644  subparagraph expires July 1, 2020.
  645         Section 15. Paragraph (b) of subsection (8) of section
  646  339.175, Florida Statutes, is amended to read:
  647         339.175 Metropolitan planning organization.—
  648         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  649  in cooperation with the state and affected public transportation
  650  operators, develop a transportation improvement program for the
  651  area within the jurisdiction of the M.P.O. In the development of
  652  the transportation improvement program, each M.P.O. must provide
  653  the public, affected public agencies, representatives of
  654  transportation agency employees, freight shippers, providers of
  655  freight transportation services, private providers of
  656  transportation, representatives of users of public transit, and
  657  other interested parties with a reasonable opportunity to
  658  comment on the proposed transportation improvement program.
  659         (b) Each M.P.O. annually shall prepare a list of project
  660  priorities and shall submit the list to the appropriate district
  661  of the department by August October 1 of each year; however, the
  662  department and a metropolitan planning organization may, in
  663  writing, agree to vary this submittal date. Where more than one
  664  M.P.O. exists in an urbanized area, the M.P.O.’s shall
  665  coordinate in the development of regionally significant project
  666  priorities. The list of project priorities must be formally
  667  reviewed by the technical and citizens’ advisory committees, and
  668  approved by the M.P.O., before it is transmitted to the
  669  district. The approved list of project priorities must be used
  670  by the district in developing the district work program and must
  671  be used by the M.P.O. in developing its transportation
  672  improvement program. The annual list of project priorities must
  673  be based upon project selection criteria that, at a minimum,
  674  consider the following:
  675         1. The approved M.P.O. long-range transportation plan.;
  676         2. The Strategic Intermodal System Plan developed under s.
  677  339.64.
  678         3. The priorities developed pursuant to s. 339.2819(4).
  679         4. The results of the transportation management systems.;
  680  and
  681         5. The M.P.O.’s public-involvement procedures.
  682         Section 16. Section 339.2821, Florida Statutes, is
  683  repealed.
  684         Section 17. Paragraph (b) of subsection (17) of section
  685  341.302, Florida Statutes, is amended to read:
  686         341.302 Rail program; duties and responsibilities of the
  687  department.—The department, in conjunction with other
  688  governmental entities, including the rail enterprise and the
  689  private sector, shall develop and implement a rail program of
  690  statewide application designed to ensure the proper maintenance,
  691  safety, revitalization, and expansion of the rail system to
  692  assure its continued and increased availability to respond to
  693  statewide mobility needs. Within the resources provided pursuant
  694  to chapter 216, and as authorized under federal law, the
  695  department shall:
  696         (17) In conjunction with the acquisition, ownership,
  697  construction, operation, maintenance, and management of a rail
  698  corridor, have the authority to:
  699         (b) Purchase liability insurance, which amount shall not
  700  exceed $295 $200 million, and establish a self-insurance
  701  retention fund for the purpose of paying the deductible limit
  702  established in the insurance policies it may obtain, including
  703  coverage for the department, any freight rail operator as
  704  described in paragraph (a), National Railroad Passenger
  705  Corporation, commuter rail service providers, governmental
  706  entities, or any ancillary development, which self-insurance
  707  retention fund or deductible shall not exceed $10 million. The
  708  insureds shall pay a reasonable monetary contribution to the
  709  cost of such liability coverage for the sole benefit of the
  710  insured. Such insurance and self-insurance retention fund may
  711  provide coverage for all damages, including, but not limited to,
  712  compensatory, special, and exemplary, and be maintained to
  713  provide an adequate fund to cover claims and liabilities for
  714  loss, injury, or damage arising out of or connected with the
  715  ownership, operation, maintenance, and management of a rail
  716  corridor.
  717  
  718  Neither the assumption by contract to protect, defend,
  719  indemnify, and hold harmless; the purchase of insurance; nor the
  720  establishment of a self-insurance retention fund shall be deemed
  721  to be a waiver of any defense of sovereign immunity for torts
  722  nor deemed to increase the limits of the department’s or the
  723  governmental entity’s liability for torts as provided in s.
  724  768.28. The requirements of s. 287.022(1) shall not apply to the
  725  purchase of any insurance under this subsection. The provisions
  726  of this subsection shall apply and inure fully as to any other
  727  governmental entity providing commuter rail service and
  728  constructing, operating, maintaining, or managing a rail
  729  corridor on publicly owned right-of-way under contract by the
  730  governmental entity with the department or a governmental entity
  731  designated by the department. Notwithstanding any law to the
  732  contrary, procurement for the construction, operation,
  733  maintenance, and management of any rail corridor described in
  734  this subsection, whether by the department, a governmental
  735  entity under contract with the department, or a governmental
  736  entity designated by the department, shall be pursuant to s.
  737  287.057 and shall include, but not be limited to, criteria for
  738  the consideration of qualifications, technical aspects of the
  739  proposal, and price. Further, any such contract for design-build
  740  shall be procured pursuant to the criteria in s. 337.11(7).
  741         Section 18. Effective July 1, 2023, section 341.302,
  742  Florida Statutes, as amended by this act, is amended to read:
  743         341.302 Rail program; duties and responsibilities of the
  744  department.—The department, in conjunction with other
  745  governmental entities, including the rail enterprise and the
  746  private sector, shall develop and implement a rail program of
  747  statewide application designed to ensure the proper maintenance,
  748  safety, revitalization, and expansion of the rail system to
  749  assure its continued and increased availability to respond to
  750  statewide mobility needs. Within the resources provided pursuant
  751  to chapter 216, and as authorized under federal law, the
  752  department shall:
  753         (1) Provide the overall leadership, coordination, and
  754  financial and technical assistance necessary to ensure assure
  755  the effective responses of the state’s rail system to current
  756  and anticipated mobility needs.
  757         (2) Coordinate the development, general rail safety, and
  758  operation of publicly funded passenger Promote and facilitate
  759  the implementation of advanced rail systems in this state,
  760  including high-speed rail and magnetic levitation systems.
  761         (3) Develop and periodically update the rail system plan,
  762  on the basis of an analysis of statewide transportation needs.
  763         (a) The plan may contain detailed regional components,
  764  consistent with regional transportation plans, as needed to
  765  ensure connectivity within the state’s regions, and it shall be
  766  consistent with the Florida Transportation Plan developed
  767  pursuant to s. 339.155. The rail system plan shall include an
  768  identification of priorities, programs, and funding levels
  769  required to meet statewide and regional needs. The rail system
  770  plan shall be developed in a manner that will ensure assure the
  771  maximum use of existing facilities and the optimum integration
  772  and coordination of the various modes of transportation, public
  773  and private, in the most cost-effective manner possible. The
  774  rail system plan shall be updated no later than January 1, 2011,
  775  and at least every 5 years thereafter, and include plans for
  776  both passenger rail service and freight rail service,
  777  accompanied by a report to the Legislature regarding the status
  778  of the plan.
  779         (b) In recognition of the department’s role in the
  780  enhancement of the state’s rail system to improve freight and
  781  passenger mobility, the department shall:
  782         1. Work closely with all affected communities along an
  783  impacted freight rail corridor to identify and address
  784  anticipated impacts associated with an increase in freight rail
  785  traffic due to implementation of passenger rail.
  786         2. In coordination with the affected local governments and
  787  CSX Transportation, Inc., finalize all viable alternatives from
  788  the department’s Rail Traffic Evaluation Study to identify and
  789  develop an alternative route for through freight rail traffic
  790  moving through Central Florida, including the counties of Polk
  791  and Hillsborough, which would address, to the extent
  792  practicable, the effects of commuter rail.
  793         3. Provide technical assistance to a coalition of local
  794  governments in Central Florida, including the counties of
  795  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
  796  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
  797  Sumter, and Volusia, and the municipalities within those
  798  counties, to develop a regional rail system plan that addresses
  799  passenger and freight opportunities in the region, is consistent
  800  with the Florida Rail System Plan, and incorporates appropriate
  801  elements of the Tampa Bay Area Regional Authority Master Plan,
  802  the Metroplan Orlando Regional Transit System Concept Plan,
  803  including the SunRail project, and the Florida Department of
  804  Transportation Alternate Rail Traffic Evaluation.
  805         (4) As part of the work program of the department,
  806  formulate a specific program of projects and financing to
  807  respond to identified railroad needs.
  808         (5) Provide technical and financial assistance to units of
  809  local government to address identified rail transportation
  810  needs.
  811         (6) Secure and administer federal grants, loans, and
  812  apportionments for rail projects within this state when
  813  necessary to further the statewide program.
  814         (7) Develop and administer state standards concerning the
  815  safety and performance of rail systems, hazardous material
  816  handling, and operations. Such standards shall be developed
  817  jointly with representatives of affected rail systems, with full
  818  consideration given to nationwide industry norms, and shall
  819  define the minimum acceptable standards for safety and
  820  performance.
  821         (8) Conduct, at a minimum, inspections of track and rolling
  822  stock; train signals and related equipment; hazardous materials
  823  transportation, including the loading, unloading, and labeling
  824  of hazardous materials at shippers’, receivers’, and transfer
  825  points; and train operating practices to determine adherence to
  826  state and federal standards. Department personnel may enforce
  827  any safety regulation issued under the Federal Government’s
  828  preemptive authority over interstate commerce.
  829         (9) Assess penalties, in accordance with the applicable
  830  federal regulations, for the failure to adhere to the state
  831  standards.
  832         (10) Administer rail operating and construction programs,
  833  which programs shall include the regulation of maximum maxi-mum
  834  train operating speeds, the opening and closing of public grade
  835  crossings, the construction and rehabilitation of public grade
  836  crossings, and the installation of traffic control devices at
  837  public grade crossings, the administering of the programs by the
  838  department including participation in the cost of the programs.
  839         (11) Coordinate and facilitate the relocation of railroads
  840  from congested urban areas to nonurban areas when relocation has
  841  been determined feasible and desirable from the standpoint of
  842  safety, operational efficiency, and economics.
  843         (12) Implement a program of branch line continuance
  844  projects when an analysis of the industrial and economic
  845  potential of the line indicates that public involvement is
  846  required to preserve essential rail service and facilities.
  847         (13) Provide new rail service and equipment when:
  848         (a) Pursuant to the transportation planning process, a
  849  public need has been determined to exist;
  850         (b) The cost of providing such service does not exceed the
  851  sum of revenues from fares charged to users, services purchased
  852  by other public agencies, local fund participation, and specific
  853  legislative appropriation for this purpose; and
  854         (c) Service cannot be reasonably provided by other
  855  governmental or privately owned rail systems.
  856  
  857  The department may own, lease, and otherwise encumber
  858  facilities, equipment, and appurtenances thereto, as necessary
  859  to provide new rail services,; or the department may provide
  860  such service by contracts with privately owned service
  861  providers.
  862         (14) Furnish required emergency rail transportation service
  863  if no other private or public rail transportation operation is
  864  available to supply the required service and such service is
  865  clearly in the best interest of the people in the communities
  866  being served. Such emergency service may be furnished through
  867  contractual arrangement, actual operation of state-owned
  868  equipment and facilities, or any other means determined
  869  appropriate by the secretary.
  870         (15) Assist in the development and implementation of
  871  marketing programs for rail services and of information systems
  872  directed toward assisting rail systems users.
  873         (16) Conduct research into innovative or potentially
  874  effective rail technologies and methods and maintain expertise
  875  in state-of-the-art rail developments.
  876         (17) In conjunction with the acquisition, ownership,
  877  construction, operation, maintenance, and management of a rail
  878  corridor, have the authority to:
  879         (a) Assume obligations pursuant to the following:
  880         1.a. The department may assume the obligation by contract
  881  to forever protect, defend, indemnify, and hold harmless the
  882  freight rail operator, or its successors, from whom the
  883  department has acquired a real property interest in the rail
  884  corridor, and that freight rail operator’s officers, agents, and
  885  employees, from and against any liability, cost, and expense,
  886  including, but not limited to, commuter rail passengers and rail
  887  corridor invitees in the rail corridor, regardless of whether
  888  the loss, damage, destruction, injury, or death giving rise to
  889  any such liability, cost, or expense is caused in whole or in
  890  part, and to whatever nature or degree, by the fault, failure,
  891  negligence, misconduct, nonfeasance, or misfeasance of such
  892  freight rail operator, its successors, or its officers, agents,
  893  and employees, or any other person or persons whomsoever; or
  894         b. The department may assume the obligation by contract to
  895  forever protect, defend, indemnify, and hold harmless National
  896  Railroad Passenger Corporation, or its successors, and officers,
  897  agents, and employees of National Railroad Passenger
  898  Corporation, from and against any liability, cost, and expense,
  899  including, but not limited to, commuter rail passengers and rail
  900  corridor invitees in the rail corridor, regardless of whether
  901  the loss, damage, destruction, injury, or death giving rise to
  902  any such liability, cost, or expense is caused in whole or in
  903  part, and to whatever nature or degree, by the fault, failure,
  904  negligence, misconduct, nonfeasance, or misfeasance of National
  905  Railroad Passenger Corporation, its successors, or its officers,
  906  agents, and employees, or any other person or persons
  907  whomsoever.
  908         2. The assumption of liability of the department by
  909  contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
  910  1.b. may not in any instance exceed the following parameters of
  911  allocation of risk:
  912         a. The department may be solely responsible for any loss,
  913  injury, or damage to commuter rail passengers, or rail corridor
  914  invitees, or trespassers, regardless of circumstances or cause,
  915  subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
  916  6.
  917         b.(I) In the event of a limited covered accident, the
  918  authority of the department to protect, defend, and indemnify
  919  the freight operator for all liability, cost, and expense,
  920  including punitive or exemplary damages, in excess of the
  921  deductible or self-insurance retention fund established under
  922  paragraph (b) and actually in force at the time of the limited
  923  covered accident exists only if the freight operator agrees,
  924  with respect to the limited covered accident, to protect,
  925  defend, and indemnify the department for the amount of the
  926  deductible or self-insurance retention fund established under
  927  paragraph (b) and actually in force at the time of the limited
  928  covered accident.
  929         (II) In the event of a limited covered accident, the
  930  authority of the department to protect, defend, and indemnify
  931  National Railroad Passenger Corporation for all liability, cost,
  932  and expense, including punitive or exemplary damages, in excess
  933  of the deductible or self-insurance retention fund established
  934  under paragraph (b) and actually in force at the time of the
  935  limited covered accident exists only if National Railroad
  936  Passenger Corporation agrees, with respect to the limited
  937  covered accident, to protect, defend, and indemnify the
  938  department for the amount of the deductible or self-insurance
  939  retention fund established under paragraph (b) and actually in
  940  force at the time of the limited covered accident.
  941         3. When only one train is involved in an incident, the
  942  department may be solely responsible for any loss, injury, or
  943  damage if the train is a department train or other train
  944  pursuant to subparagraph 4., but only if:
  945         a. When an incident occurs with only a freight train
  946  involved, including incidents with trespassers or at grade
  947  crossings, the freight rail operator is solely responsible for
  948  any loss, injury, or damage, except for commuter rail passengers
  949  and rail corridor invitees; or
  950         b. When an incident occurs with only a National Railroad
  951  Passenger Corporation train involved, including incidents with
  952  trespassers or at grade crossings, National Railroad Passenger
  953  Corporation is solely responsible for any loss, injury, or
  954  damage, except for commuter rail passengers and rail corridor
  955  invitees.
  956         4. For the purposes of this subsection:
  957         a. Any train involved in an incident that is neither the
  958  department’s train nor the freight rail operator’s train,
  959  hereinafter referred to in this subsection as an “other train,”
  960  may be treated as a department train, solely for purposes of any
  961  allocation of liability between the department and the freight
  962  rail operator only, but only if the department and the freight
  963  rail operator share responsibility equally as to third parties
  964  outside the rail corridor who incur loss, injury, or damage as a
  965  result of any incident involving both a department train and a
  966  freight rail operator train, and the allocation as between the
  967  department and the freight rail operator, regardless of whether
  968  the other train is treated as a department train, shall remain
  969  one-half each as to third parties outside the rail corridor who
  970  incur loss, injury, or damage as a result of the incident. The
  971  involvement of any other train shall not alter the sharing of
  972  equal responsibility as to third parties outside the rail
  973  corridor who incur loss, injury, or damage as a result of the
  974  incident; or
  975         b. Any train involved in an incident that is neither the
  976  department’s train nor the National Railroad Passenger
  977  Corporation’s train, hereinafter referred to in this subsection
  978  as an “other train,” may be treated as a department train,
  979  solely for purposes of any allocation of liability between the
  980  department and National Railroad Passenger Corporation only, but
  981  only if the department and National Railroad Passenger
  982  Corporation share responsibility equally as to third parties
  983  outside the rail corridor who incur loss, injury, or damage as a
  984  result of any incident involving both a department train and a
  985  National Railroad Passenger Corporation train, and the
  986  allocation as between the department and National Railroad
  987  Passenger Corporation, regardless of whether the other train is
  988  treated as a department train, shall remain one-half each as to
  989  third parties outside the rail corridor who incur loss, injury,
  990  or damage as a result of the incident. The involvement of any
  991  other train shall not alter the sharing of equal responsibility
  992  as to third parties outside the rail corridor who incur loss,
  993  injury, or damage as a result of the incident.
  994         5. When more than one train is involved in an incident:
  995         a.(I) If only a department train and freight rail
  996  operator’s train, or only an other train as described in sub
  997  subparagraph 4.a. and a freight rail operator’s train, are
  998  involved in an incident, the department may be responsible for
  999  its property and all of its people, all commuter rail
 1000  passengers, and rail corridor invitees, but only if the freight
 1001  rail operator is responsible for its property and all of its
 1002  people, and the department and the freight rail operator each
 1003  share one-half responsibility as to trespassers or third parties
 1004  outside the rail corridor who incur loss, injury, or damage as a
 1005  result of the incident; or
 1006         (II) If only a department train and a National Railroad
 1007  Passenger Corporation train, or only an other train as described
 1008  in sub-subparagraph 4.b. and a National Railroad Passenger
 1009  Corporation train, are involved in an incident, the department
 1010  may be responsible for its property and all of its people, all
 1011  commuter rail passengers, and rail corridor invitees, but only
 1012  if National Railroad Passenger Corporation is responsible for
 1013  its property and all of its people, all National Railroad
 1014  Passenger Corporation’s rail passengers, and the department and
 1015  National Railroad Passenger Corporation each share one-half
 1016  responsibility as to trespassers or third parties outside the
 1017  rail corridor who incur loss, injury, or damage as a result of
 1018  the incident.
 1019         b.(I) If a department train, a freight rail operator train,
 1020  and any other train are involved in an incident, the allocation
 1021  of liability between the department and the freight rail
 1022  operator, regardless of whether the other train is treated as a
 1023  department train, shall remain one-half each as to third parties
 1024  outside the rail corridor who incur loss, injury, or damage as a
 1025  result of the incident; the involvement of any other train shall
 1026  not alter the sharing of equal responsibility as to third
 1027  parties outside the rail corridor who incur loss, injury, or
 1028  damage as a result of the incident; and, if the owner, operator,
 1029  or insurer of the other train makes any payment to injured third
 1030  parties outside the rail corridor who incur loss, injury, or
 1031  damage as a result of the incident, the allocation of credit
 1032  between the department and the freight rail operator as to such
 1033  payment shall not in any case reduce the freight rail operator’s
 1034  third-party-sharing allocation of one-half under this paragraph
 1035  to less than one-third of the total third party liability; or
 1036         (II) If a department train, a National Railroad Passenger
 1037  Corporation train, and any other train are involved in an
 1038  incident, the allocation of liability between the department and
 1039  National Railroad Passenger Corporation, regardless of whether
 1040  the other train is treated as a department train, shall remain
 1041  one-half each as to third parties outside the rail corridor who
 1042  incur loss, injury, or damage as a result of the incident; the
 1043  involvement of any other train shall not alter the sharing of
 1044  equal responsibility as to third parties outside the rail
 1045  corridor who incur loss, injury, or damage as a result of the
 1046  incident; and, if the owner, operator, or insurer of the other
 1047  train makes any payment to injured third parties outside the
 1048  rail corridor who incur loss, injury, or damage as a result of
 1049  the incident, the allocation of credit between the department
 1050  and National Railroad Passenger Corporation as to such payment
 1051  shall not in any case reduce National Railroad Passenger
 1052  Corporation’s third-party-sharing allocation of one-half under
 1053  this sub-subparagraph to less than one-third of the total third
 1054  party liability.
 1055         6. Any such contractual duty to protect, defend, indemnify,
 1056  and hold harmless such a freight rail operator or National
 1057  Railroad Passenger Corporation shall expressly include a
 1058  specific cap on the amount of the contractual duty, which amount
 1059  shall not exceed $200 million without prior legislative
 1060  approval, and the department to purchase liability insurance and
 1061  establish a self-insurance retention fund in the amount of the
 1062  specific cap established under this subparagraph, provided that:
 1063         a. No such contractual duty shall in any case be effective
 1064  nor otherwise extend the department’s liability in scope and
 1065  effect beyond the contractual liability insurance and self
 1066  insurance retention fund required pursuant to this paragraph;
 1067  and
 1068         b.(I) The freight rail operator’s compensation to the
 1069  department for future use of the department’s rail corridor
 1070  shall include a monetary contribution to the cost of such
 1071  liability coverage for the sole benefit of the freight rail
 1072  operator.
 1073         (II) National Railroad Passenger Corporation’s compensation
 1074  to the department for future use of the department’s rail
 1075  corridor shall include a monetary contribution to the cost of
 1076  such liability coverage for the sole benefit of National
 1077  Railroad Passenger Corporation.
 1078         (b) Purchase liability insurance, which amount shall not
 1079  exceed $295 million, and establish a self-insurance retention
 1080  fund for the purpose of paying the deductible limit established
 1081  in the insurance policies it may obtain, including coverage for
 1082  the department, any freight rail operator as described in
 1083  paragraph (a), National Railroad Passenger Corporation, commuter
 1084  rail service providers, governmental entities, or any ancillary
 1085  development, which self-insurance retention fund or deductible
 1086  shall not exceed $10 million. The insureds shall pay a
 1087  reasonable monetary contribution to the cost of such liability
 1088  coverage for the sole benefit of the insured. Such insurance and
 1089  self-insurance retention fund may provide coverage for all
 1090  damages, including, but not limited to, compensatory, special,
 1091  and exemplary, and be maintained to provide an adequate fund to
 1092  cover claims and liabilities for loss, injury, or damage arising
 1093  out of or connected with the ownership, operation, maintenance,
 1094  and management of a rail corridor.
 1095         (c) Incur expenses for the purchase of advertisements,
 1096  marketing, and promotional items.
 1097         (d) Without altering any of the rights granted to the
 1098  department under this section, agree to assume the obligations
 1099  to indemnify and insure, pursuant to s. 343.545, freight rail
 1100  service, intercity passenger rail service, and commuter rail
 1101  service on a department-owned rail corridor, whether ownership
 1102  is in fee or by easement, or on a rail corridor where the
 1103  department has the right to operate.
 1104  
 1105  Neither the assumption by contract to protect, defend,
 1106  indemnify, and hold harmless; the purchase of insurance; nor the
 1107  establishment of a self-insurance retention fund shall be deemed
 1108  to be a waiver of any defense of sovereign immunity for torts
 1109  nor deemed to increase the limits of the department’s or the
 1110  governmental entity’s liability for torts as provided in s.
 1111  768.28. The requirements of s. 287.022(1) shall not apply to the
 1112  purchase of any insurance under this subsection. The provisions
 1113  of This subsection shall apply and inure fully as to any other
 1114  governmental entity providing commuter rail service and
 1115  constructing, operating, maintaining, or managing a rail
 1116  corridor on publicly owned right-of-way under contract by the
 1117  governmental entity with the department or a governmental entity
 1118  designated by the department. Notwithstanding any law to the
 1119  contrary, procurement for the construction, operation,
 1120  maintenance, and management of any rail corridor described in
 1121  this subsection, whether by the department, a governmental
 1122  entity under contract with the department, or a governmental
 1123  entity designated by the department, shall be pursuant to s.
 1124  287.057 and shall include, but not be limited to, criteria for
 1125  the consideration of qualifications, technical aspects of the
 1126  proposal, and price. Further, any such contract for design-build
 1127  shall be procured pursuant to the criteria in s. 337.11(7).
 1128         (18) Exercise such other functions, powers, and duties in
 1129  connection with the rail system plan as are necessary to develop
 1130  a safe, efficient, and effective statewide transportation
 1131  system.
 1132         Section 19. Effective July 1, 2023, subsections (5) and (6)
 1133  of section 341.303, Florida Statutes, are amended to read:
 1134         341.303 Funding authorization and appropriations;
 1135  eligibility and participation.—
 1136         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—The
 1137  department may, through the Florida Rail Enterprise, is
 1138  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
 1139  to fund:
 1140         (a) Up to 50 percent of the nonfederal share of the costs
 1141  of any eligible passenger rail capital improvement project.
 1142         (b) Up to 100 percent of planning and development costs
 1143  related to the provision of a passenger rail system, including,
 1144  but not limited to, preliminary engineering, revenue studies,
 1145  environmental impact studies, financial advisory services,
 1146  engineering design, and other appropriate professional services.
 1147         (c) The high-speed rail system.
 1148         (d) Projects necessary to identify or address anticipated
 1149  impacts of increased freight rail traffic resulting from the
 1150  implementation of passenger rail systems as provided in s.
 1151  341.302(3)(b).
 1152         (e)Projects necessary to identify or address needed or
 1153  desirable safety improvements to passenger rail systems in this
 1154  state.
 1155         (6) FLORIDA RAIL ENTERPRISE; BUDGET.—
 1156         (a) The Florida Rail Enterprise shall be a single budget
 1157  entity and shall develop a budget pursuant to chapter 216. The
 1158  enterprise’s budget shall be submitted to the Legislature along
 1159  with the department’s budget. All passenger rail funding by the
 1160  department shall be included in this budget entity.
 1161         (b) Notwithstanding the provisions of s. 216.301 to the
 1162  contrary and in accordance with s. 216.351, the Executive Office
 1163  of the Governor shall, on July 1 of each year, certify forward
 1164  all unexpended funds appropriated or provided pursuant to this
 1165  section for the enterprise. Of the unexpended funds certified
 1166  forward, any unencumbered amounts shall be carried forward. Such
 1167  funds carried forward shall not exceed 5 percent of the original
 1168  approved operating budget of the enterprise pursuant to s.
 1169  216.181(1). Funds carried forward pursuant to this section may
 1170  be used for any lawful purpose, including, but not limited to,
 1171  promotional and market activities, technology, and training. Any
 1172  certified-forward funds remaining undisbursed on September 30 of
 1173  each year shall be carried forward.
 1174         Section 20. Effective July 1, 2023, section 341.8201,
 1175  Florida Statutes, is repealed.
 1176         Section 21. Effective July 1, 2023, section 341.8203,
 1177  Florida Statutes, is amended to read:
 1178         341.8203 Definitions.—As used in ss. 341.822-341.842 ss.
 1179  341.8201-341.842, unless the context clearly indicates
 1180  otherwise, the term:
 1181         (1) “Associated development” means property, equipment,
 1182  buildings, or other related facilities which are built,
 1183  installed, used, or established to provide financing, funding,
 1184  or revenues for the planning, building, managing, and operation
 1185  of a high-speed rail system and which are associated with or
 1186  part of the rail stations. The term includes air and subsurface
 1187  rights, services that provide local area network devices for
 1188  transmitting data over wireless networks, parking facilities,
 1189  retail establishments, restaurants, hotels, offices,
 1190  advertising, or other commercial, civic, residential, or support
 1191  facilities.
 1192         (2) “Communication facilities” means the communication
 1193  systems related to high-speed passenger rail operations,
 1194  including those which are built, installed, used, or established
 1195  for the planning, building, managing, and operating of a high
 1196  speed rail system. The term includes the land; structures;
 1197  improvements; rights-of-way; easements; positive train control
 1198  systems; wireless communication towers and facilities that are
 1199  designed to provide voice and data services for the safe and
 1200  efficient operation of the high-speed rail system; voice, data,
 1201  and wireless communication amenities made available to crew and
 1202  passengers as part of a high-speed rail service; and any other
 1203  facilities or equipment used for operation of, or the
 1204  facilitation of communications for, a high-speed rail system.
 1205  Owners of communication facilities may not offer voice or data
 1206  service to any entity other than passengers, crew, or other
 1207  persons involved in the operation of a high-speed rail system.
 1208         (3) “Enterprise” means the Florida Rail Enterprise.
 1209         (4) “High-speed rail system” means any high-speed fixed
 1210  guideway system for transporting people or goods, which system
 1211  is, by definition of the United States Department of
 1212  Transportation, reasonably expected to reach speeds of at least
 1213  110 miles per hour, including, but not limited to, a monorail
 1214  system, dual track rail system, suspended rail system, magnetic
 1215  levitation system, pneumatic repulsion system, or other system
 1216  approved by the department enterprise. The term includes a
 1217  corridor, associated intermodal connectors, and structures
 1218  essential to the operation of the line, including the land,
 1219  structures, improvements, rights-of-way, easements, rail lines,
 1220  rail beds, guideway structures, switches, yards, parking
 1221  facilities, power relays, switching houses, and rail stations
 1222  and also includes facilities or equipment used exclusively for
 1223  the purposes of design, construction, operation, maintenance, or
 1224  the financing of the high-speed rail system.
 1225         (4)(5) “Joint development” means the planning, managing,
 1226  financing, or constructing of projects adjacent to, functionally
 1227  related to, or otherwise related to a high-speed rail system
 1228  pursuant to agreements between any person, firm, corporation,
 1229  association, organization, agency, or other entity, public or
 1230  private.
 1231         (5)(6) “Rail station,” “station,” or “high-speed rail
 1232  station” means any structure or transportation facility that is
 1233  part of a high-speed rail system designed to accommodate the
 1234  movement of passengers from one mode of transportation to
 1235  another at which passengers board or disembark from
 1236  transportation conveyances and transfer from one mode of
 1237  transportation to another.
 1238         (6)(7) “Railroad company” means a person developing, or
 1239  providing service on, a high-speed rail system.
 1240         (7)(8) “Selected person or entity” means the person or
 1241  entity to whom the department enterprise awards a contract to
 1242  establish a high-speed rail system pursuant to ss. 341.822
 1243  341.842 ss. 341.8201-341.842.
 1244         Section 22. Effective July 1, 2023, section 341.822,
 1245  Florida Statutes, is amended to read:
 1246         341.822 Powers and duties.—
 1247         (1) The department enterprise shall locate, plan, design,
 1248  finance, construct, maintain, own, operate, administer, and
 1249  manage the high-speed rail system in the state.
 1250         (2)(a) In addition to the powers granted to The department,
 1251  the enterprise has full authority to exercise all powers granted
 1252  to it under this chapter. Powers shall include, but are not
 1253  limited to, the ability to plan, construct, maintain, repair,
 1254  and operate a high-speed rail system, to acquire corridors, and
 1255  to coordinate the development and operation of publicly funded
 1256  passenger rail systems in the state.
 1257         (b) It is the express intention of ss. 341.822-341.842 ss.
 1258  341.8201-341.842 that the department enterprise be authorized to
 1259  plan, develop, own, purchase, lease, or otherwise acquire,
 1260  demolish, construct, improve, relocate, equip, repair, maintain,
 1261  operate, and manage the high-speed rail system; to expend funds
 1262  to publicize, advertise, and promote the advantages of using the
 1263  high-speed rail system and its facilities; and to cooperate,
 1264  coordinate, partner, and contract with other entities, public
 1265  and private, to accomplish these purposes.
 1266         (c) The department enterprise shall establish a process to
 1267  issue permits to railroad companies for the construction of
 1268  communication facilities within a new or existing public or
 1269  private high-speed rail system. The department enterprise may
 1270  adopt rules to administer such permits, including rules
 1271  regarding the form, content, and necessary supporting
 1272  documentation for permit applications; the process for
 1273  submitting applications; and the application fee for a permit
 1274  under s. 341.825. The department enterprise shall provide a copy
 1275  of a completed permit application to municipalities and counties
 1276  where the high-speed rail system will be located. The department
 1277  enterprise shall allow each such municipality and county 30 days
 1278  to provide comments to the department enterprise regarding the
 1279  application, including any recommendations regarding conditions
 1280  that may be placed on the permit.
 1281         (3) The department may The enterprise shall have the
 1282  authority to employ procurement methods available to the
 1283  department under chapters 255, 287, 334, and 337, or otherwise
 1284  in accordance with law. The enterprise may also solicit
 1285  proposals and, with legislative approval as evidenced by
 1286  approval of the project in the department’s work program, enter
 1287  into agreements with private entities, or consortia thereof, for
 1288  the building, operation, ownership, or financing of the high
 1289  speed rail system.
 1290         (4) The executive director of the enterprise shall appoint
 1291  staff, who shall be exempt from part II of chapter 110.
 1292         (5) The powers conferred upon the department enterprise
 1293  under ss. 341.822-341.842 ss. 341.8201-341.842 shall be in
 1294  addition and supplemental to the existing powers of the
 1295  department, and these powers shall not be construed as repealing
 1296  any provision of any other law, general or local, but shall
 1297  supersede such other laws that are inconsistent with the
 1298  exercise of the powers provided under ss. 341.822-341.842 ss.
 1299  341.8201-341.842 and provide a complete method for the exercise
 1300  of such powers granted.
 1301         (5)(6) Any proposed rail enterprise project or improvement
 1302  shall be developed in accordance with the Florida Transportation
 1303  Plan and the work program under s. 339.135.
 1304         Section 23. Subsection (1) of section 348.754, Florida
 1305  Statutes, is amended to read:
 1306         348.754 Purposes and powers.—
 1307         (1)(a) The authority created and established under this
 1308  part is granted and has the right to acquire, hold, construct,
 1309  improve, maintain, operate, own, and lease in the capacity of
 1310  lessor the Central Florida Expressway System, hereinafter
 1311  referred to as “system.” Except as otherwise specifically
 1312  provided by law, including paragraph (2)(n), the area served by
 1313  the authority shall be within the geographical boundaries of
 1314  Orange, Seminole, Lake, Brevard, and Osceola Counties.
 1315         (b) In the construction of the Central Florida Expressway
 1316  System, the authority may construct any extensions, additions,
 1317  or improvements to the system or appurtenant facilities,
 1318  including all necessary approaches, roads, bridges, avenues of
 1319  access, rapid transit, trams, fixed guideways, thoroughfares,
 1320  and boulevards with any changes, modifications, or revisions of
 1321  the project which are deemed desirable and proper.
 1322         (c) Notwithstanding any other provision of this section to
 1323  the contrary, to ensure the continued financial feasibility of
 1324  the portion of the Wekiva Parkway to be constructed by the
 1325  department, the authority may not, without the prior consent of
 1326  the secretary of the department, construct any extensions,
 1327  additions, or improvements to the expressway system in Lake
 1328  County.
 1329         Section 24. Paragraph (a) of subsection (7) of section
 1330  288.0656, Florida Statutes, is amended to read:
 1331         288.0656 Rural Economic Development Initiative.—
 1332         (7)(a) REDI may recommend to the Governor up to three rural
 1333  areas of opportunity. The Governor may by executive order
 1334  designate up to three rural areas of opportunity which will
 1335  establish these areas as priority assignments for REDI as well
 1336  as to allow the Governor, acting through REDI, to waive
 1337  criteria, requirements, or similar provisions of any economic
 1338  development incentive. Such incentives shall include, but are
 1339  not limited to, the Qualified Target Industry Tax Refund Program
 1340  under s. 288.106, the Quick Response Training Program under s.
 1341  288.047, the Quick Response Training Program for participants in
 1342  the welfare transition program under s. 288.047(8),
 1343  transportation projects under s. 339.2821, the brownfield
 1344  redevelopment bonus refund under s. 288.107, and the rural job
 1345  tax credit program under ss. 212.098 and 220.1895.
 1346         Section 25. Paragraph (f) of subsection (1) of section
 1347  339.08, Florida Statutes, is amended to read:
 1348         339.08 Use of moneys in State Transportation Trust Fund.—
 1349         (1) The department shall expend moneys in the State
 1350  Transportation Trust Fund accruing to the department, in
 1351  accordance with its annual budget. The use of such moneys shall
 1352  be restricted to the following purposes:
 1353         (f)To pay the cost of economic development transportation
 1354  projects in accordance with s. 339.2821.
 1355         Section 26. Effective July 1, 2023, subsections (2) and
 1356  (3), paragraph (b) of subsection (4), and subsection (5) of
 1357  section 341.825, Florida Statutes, are amended to read:
 1358         341.825 Communication facilities.—
 1359         (2) APPLICATION SUBMISSION.—A railroad company may submit
 1360  to the department enterprise an application to obtain a permit
 1361  to construct communication facilities within a new or existing
 1362  high-speed rail system. The application shall include an
 1363  application fee limited to the amount needed to pay the
 1364  anticipated cost of reviewing the application, not to exceed
 1365  $10,000, which shall be deposited into the State Transportation
 1366  Trust Fund. The application must include the following
 1367  information:
 1368         (a) The location of the proposed communication facilities.
 1369         (b) A description of the proposed communication facilities.
 1370         (c) Any other information reasonably required by the
 1371  department enterprise.
 1372         (3) APPLICATION REVIEW.—The department enterprise shall
 1373  review each application for completeness within 30 days after
 1374  receipt of the application.
 1375         (a) If the department enterprise determines that an
 1376  application is not complete, the department enterprise shall,
 1377  within 30 days after the receipt of the initial application,
 1378  notify the applicant in writing of any errors or omissions. An
 1379  applicant shall have 30 days within which to correct the errors
 1380  or omissions in the initial application.
 1381         (b) If the department enterprise determines that an
 1382  application is complete, the department enterprise shall act
 1383  upon the permit application within 60 days of the receipt of the
 1384  completed application by approving in whole, approving with
 1385  conditions as the department enterprise deems appropriate, or
 1386  denying the application, and stating the reason for issuance or
 1387  denial. In determining whether an application should be
 1388  approved, approved with modifications or conditions, or denied,
 1389  the department enterprise shall consider any comments or
 1390  recommendations received from a municipality or county and the
 1391  extent to which the proposed communication facilities:
 1392         1. Are located in a manner that is appropriate for the
 1393  communication technology specified by the applicant.
 1394         2. Serve an existing or projected future need for
 1395  communication facilities.
 1396         3. Provide sufficient wireless voice and data coverage and
 1397  capacity for the safe and efficient operation of the high-speed
 1398  rail system and the safety, use, and efficiency of its crew and
 1399  passengers.
 1400         (c) The failure to adopt any recommendation or comment may
 1401  not be a basis for challenging the issuance of a permit.
 1402         (4) EFFECT OF PERMIT.—
 1403         (b) A permit may include conditions that constitute
 1404  variances and exemptions from rules of the department enterprise
 1405  or any other agency, which would otherwise be applicable to the
 1406  communication facilities within the new or existing high-speed
 1407  rail system.
 1408         (5) MODIFICATION OF PERMIT.—A permit may be modified by the
 1409  applicant after issuance upon the filing of a petition with the
 1410  department enterprise.
 1411         (a) A petition for modification must set forth the proposed
 1412  modification and the factual reasons asserted for the
 1413  modification.
 1414         (b) The department enterprise shall act upon the petition
 1415  within 30 days by approving or denying the application, and
 1416  stating the reason for issuance or denial.
 1417         Section 27. Effective July 1, 2023, section 341.836,
 1418  Florida Statutes, is amended to read:
 1419         341.836 Associated development.—
 1420         (1) The department enterprise, alone or as part of a joint
 1421  development, may undertake associated developments to be a
 1422  source of revenue for the establishment, construction,
 1423  operation, or maintenance of the high-speed rail system. Such
 1424  associated developments must be consistent, to the extent
 1425  feasible, with applicable local government comprehensive plans
 1426  and local land development regulations and otherwise be in
 1427  compliance with ss. 341.822-341.842 ss. 341.8201-341.842.
 1428         (2) Sections 341.822-341.842 Sections 341.8201-341.842 do
 1429  not prohibit the department enterprise, the selected person or
 1430  entity, or a party to a joint venture with the department
 1431  enterprise or its selected person or entity from obtaining
 1432  approval, pursuant to any other law, for any associated
 1433  development that is reasonably related to the high-speed rail
 1434  system.
 1435         Section 28. Effective July 1, 2023, section 341.838,
 1436  Florida Statutes, is amended to read:
 1437         341.838 Fares, rates, rents, fees, and charges.—
 1438         (1) The department enterprise may establish, revise,
 1439  charge, and collect fares, rates, rents, fees, charges, and
 1440  revenues for the use of and for the services furnished, or to be
 1441  furnished, by the system and to contract with any person,
 1442  partnership, association, corporation, or other body, public or
 1443  private, in respect thereof. Such fares, rates, rents, fees, and
 1444  charges shall be reviewed annually by the department enterprise
 1445  and may be adjusted as set forth in the contract setting such
 1446  fares, rates, rents, fees, or charges. The funds collected
 1447  pursuant to this section shall, with any other funds available,
 1448  be used to pay the cost of designing, building, operating,
 1449  financing, and maintaining the system and each and every portion
 1450  thereof, to the extent that the payment of such cost has not
 1451  otherwise been adequately provided for.
 1452         (2) Fares, rates, rents, fees, and charges established,
 1453  revised, charged, and collected by the department enterprise
 1454  pursuant to this section shall not be subject to supervision or
 1455  regulation by any other department, commission, board, body,
 1456  bureau, or agency of this state other than the department
 1457  enterprise.
 1458         Section 29. Effective July 1, 2023, section 341.839,
 1459  Florida Statutes, is amended to read:
 1460         341.839 Alternate means.—Sections 341.822-341.842 Sections
 1461  341.8201-341.842 provide an additional and alternative method
 1462  for accomplishing the purposes authorized therein and are
 1463  supplemental and additional to powers conferred by other laws.
 1464  Except as otherwise expressly provided in ss. 341.822-341.842
 1465  ss. 341.8201-341.842, none of the powers granted to the
 1466  department enterprise under ss. 341.822-341.842 ss. 341.8201
 1467  341.842 are subject to the supervision or require the approval
 1468  or consent of any municipality or political subdivision or any
 1469  commission, board, body, bureau, or official.
 1470         Section 30. Effective July 1, 2023, section 341.840,
 1471  Florida Statutes, is amended to read:
 1472         341.840 Tax exemption.—
 1473         (1) The exercise of the powers granted under ss. 341.822
 1474  341.842 ss. 341.8201-341.842 will be in all respects for the
 1475  benefit of the people of this state, for the increase of their
 1476  commerce, welfare, and prosperity, and for the improvement of
 1477  their health and living conditions. The design, construction,
 1478  operation, maintenance, and financing of a high-speed rail
 1479  system by the department enterprise, its agent, or the owner or
 1480  lessee thereof, as herein authorized, constitutes the
 1481  performance of an essential public function.
 1482         (2)(a) For the purposes of this section, the term
 1483  “department” “enterprise” does not include agents of the
 1484  department enterprise other than contractors who qualify as such
 1485  pursuant to subsection (7).
 1486         (b) For the purposes of this section, any item or property
 1487  that is within the definition of the term “associated
 1488  development” in s. 341.8203(1) may not be considered part of the
 1489  high-speed rail system as defined in s. 341.8203(3) s.
 1490  341.8203(4).
 1491         (3)(a) Purchases or leases of tangible personal property or
 1492  real property by the department enterprise, excluding agents of
 1493  the department enterprise, are exempt from taxes imposed by
 1494  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 1495  tangible personal property that is incorporated into the high
 1496  speed rail system as a component part thereof, as determined by
 1497  the department enterprise, by agents of the department
 1498  enterprise or the owner of the high-speed rail system are exempt
 1499  from sales or use taxes imposed by chapter 212. Leases, rentals,
 1500  or licenses to use real property granted to agents of the
 1501  department enterprise or the owner of the high-speed rail system
 1502  are exempt from taxes imposed by s. 212.031 if the real property
 1503  becomes part of such system. The exemptions granted in this
 1504  subsection do not apply to sales, leases, or licenses by the
 1505  department enterprise, agents of the department enterprise, or
 1506  the owner of the high-speed rail system.
 1507         (b) The exemption granted in paragraph (a) to purchases or
 1508  leases of tangible personal property by agents of the department
 1509  enterprise or by the owner of the high-speed rail system applies
 1510  only to property that becomes a component part of such system.
 1511  It does not apply to items, including, but not limited to,
 1512  cranes, bulldozers, forklifts, other machinery and equipment,
 1513  tools and supplies, or other items of tangible personal property
 1514  used in the construction, operation, or maintenance of the high
 1515  speed rail system when such items are not incorporated into the
 1516  high-speed rail system as a component part thereof.
 1517         (4) Any bonds or other security, and all notes, mortgages,
 1518  security agreements, letters of credit, or other instruments
 1519  that arise out of or are given to secure the repayment of bonds
 1520  or other security, issued by the department enterprise, or on
 1521  behalf of the department enterprise, their transfer, and the
 1522  income therefrom, including any profit made on the sale thereof,
 1523  shall at all times be free from taxation of every kind by the
 1524  state, the counties, and the municipalities and other political
 1525  subdivisions in the state. This subsection, however, does not
 1526  exempt from taxation or assessment the leasehold interest of a
 1527  lessee in any project or any other property or interest owned by
 1528  the lessee. The exemption granted by this subsection is not
 1529  applicable to any tax imposed by chapter 220 on interest income
 1530  or profits on the sale of debt obligations owned by
 1531  corporations.
 1532         (5) When property of the department enterprise is leased to
 1533  another person or entity, the property shall be exempt from ad
 1534  valorem taxation only if the use by the lessee qualifies the
 1535  property for exemption under s. 196.199.
 1536         (6) A leasehold interest held by the department enterprise
 1537  is not subject to intangible tax. However, if a leasehold
 1538  interest held by the department enterprise is subleased to a
 1539  nongovernmental lessee, such subleasehold interest shall be
 1540  deemed to be an interest described in s. 199.023(1)(d), Florida
 1541  Statutes 2005, and is subject to the intangible tax.
 1542         (7)(a) In order to be considered an agent of the department
 1543  enterprise for purposes of the exemption from sales and use tax
 1544  granted by subsection (3) for tangible personal property
 1545  incorporated into the high-speed rail system, a contractor of
 1546  the department enterprise that purchases or fabricates such
 1547  tangible personal property must be certified by the department
 1548  enterprise as provided in this subsection.
 1549         (b)1. A contractor must apply for a renewal of the
 1550  exemption not later than December 1 of each calendar year.
 1551         2. A contractor must apply to the department enterprise on
 1552  the application form adopted by the department enterprise, which
 1553  shall develop the form in consultation with the Department of
 1554  Revenue.
 1555         3. The department enterprise shall review each submitted
 1556  application and determine whether it is complete. The department
 1557  enterprise shall notify the applicant of any deficiencies in the
 1558  application within 30 days. Upon receipt of a completed
 1559  application, the department enterprise shall evaluate the
 1560  application for exemption under this subsection and issue a
 1561  certification that the contractor is qualified to act as an
 1562  agent of the department enterprise for purposes of this section
 1563  or a denial of such certification within 30 days. The department
 1564  enterprise shall provide the Department of Revenue with a copy
 1565  of each certification issued upon approval of an application.
 1566  Upon receipt of a certification from the department enterprise,
 1567  the Department of Revenue shall issue an exemption permit to the
 1568  contractor.
 1569         (c)1. The contractor may extend a copy of its exemption
 1570  permit to its vendors in lieu of paying sales tax on purchases
 1571  of tangible personal property qualifying for exemption under
 1572  this section. Possession of a copy of the exemption permit
 1573  relieves the seller of the responsibility of collecting tax on
 1574  the sale, and the Department of Revenue shall look solely to the
 1575  contractor for recovery of tax upon a determination that the
 1576  contractor was not entitled to the exemption.
 1577         2. The contractor may extend a copy of its exemption permit
 1578  to real property subcontractors supplying and installing
 1579  tangible personal property that is exempt under subsection (3).
 1580  Any such subcontractor may extend a copy of the permit to the
 1581  subcontractor’s vendors in order to purchase qualifying tangible
 1582  personal property tax-exempt. If the subcontractor uses the
 1583  exemption permit to purchase tangible personal property that is
 1584  determined not to qualify for exemption under subsection (3),
 1585  the Department of Revenue may assess and collect any tax,
 1586  penalties, and interest that are due from either the contractor
 1587  holding the exemption permit or the subcontractor that extended
 1588  the exemption permit to the seller.
 1589         (d) Any contractor authorized to act as an agent of the
 1590  department enterprise under this section shall maintain the
 1591  necessary books and records to document the exempt status of
 1592  purchases and fabrication costs made or incurred under the
 1593  permit. In addition, an authorized contractor extending its
 1594  exemption permit to its subcontractors shall maintain a copy of
 1595  the subcontractor’s books, records, and invoices indicating all
 1596  purchases made by the subcontractor under the authorized
 1597  contractor’s permit. If, in an audit conducted by the Department
 1598  of Revenue, it is determined that tangible personal property
 1599  purchased or fabricated claiming exemption under this section
 1600  does not meet the criteria for exemption, the amount of taxes
 1601  not paid at the time of purchase or fabrication shall be
 1602  immediately due and payable to the Department of Revenue,
 1603  together with the appropriate interest and penalty, computed
 1604  from the date of purchase, in the manner prescribed by chapter
 1605  212.
 1606         (e) If a contractor fails to apply for a high-speed rail
 1607  system exemption permit, or if a contractor initially determined
 1608  by the department enterprise to not qualify for exemption is
 1609  subsequently determined to be eligible, the contractor shall
 1610  receive the benefit of the exemption in this subsection through
 1611  a refund of previously paid taxes for transactions that
 1612  otherwise would have been exempt. A refund may not be made for
 1613  such taxes without the issuance of a certification by the
 1614  department enterprise that the contractor was authorized to make
 1615  purchases tax-exempt and a determination by the Department of
 1616  Revenue that the purchases qualified for the exemption.
 1617         (f) The department enterprise may adopt rules governing the
 1618  application process for exemption of a contractor as an
 1619  authorized agent of the department enterprise.
 1620         (g) The Department of Revenue may adopt rules governing the
 1621  issuance and form of high-speed rail system exemption permits,
 1622  the audit of contractors and subcontractors using such permits,
 1623  the recapture of taxes on nonqualified purchases, and the manner
 1624  and form of refund applications.
 1625         Section 31. Effective July 1, 2023, paragraph (b) of
 1626  subsection (4) of section 343.58, Florida Statutes, is amended
 1627  to read:
 1628         343.58 County funding for the South Florida Regional
 1629  Transportation Authority.—
 1630         (4) Notwithstanding any other provision of law to the
 1631  contrary and effective July 1, 2010, until as provided in
 1632  paragraph (d), the department shall transfer annually from the
 1633  State Transportation Trust Fund to the South Florida Regional
 1634  Transportation Authority the amounts specified in subparagraph
 1635  (a)1. or subparagraph (a)2.
 1636         (b) Funding required by this subsection may not be provided
 1637  from the funds dedicated to the State Transportation Trust Fund
 1638  Florida Rail Enterprise pursuant to s. 201.15(4)(a)4.
 1639         Section 32. Paragraph (a) of subsection (4) of section
 1640  377.809, Florida Statutes, is amended to read:
 1641         377.809 Energy Economic Zone Pilot Program.—
 1642         (4)(a) Beginning July 1, 2012, all the incentives and
 1643  benefits provided for enterprise zones pursuant to state law
 1644  shall be available to the energy economic zones designated
 1645  pursuant to this section on or before July 1, 2010. In order to
 1646  provide incentives, by March 1, 2012, each local governing body
 1647  that has jurisdiction over an energy economic zone must, by
 1648  local ordinance, establish the boundary of the energy economic
 1649  zone, specify applicable energy-efficiency standards, and
 1650  determine eligibility criteria for the application of state and
 1651  local incentives and benefits in the energy economic zone.
 1652  However, in order to receive benefits provided under s. 288.106,
 1653  a business must be a qualified target industry business under s.
 1654  288.106 for state purposes. An energy economic zone’s boundary
 1655  may be revised by local ordinance. Such incentives and benefits
 1656  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1657  288.106, and 624.5105 and the public utility discounts provided
 1658  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 1659  shall be for renewable energy as defined in s. 377.803. For
 1660  purposes of this section, any applicable requirements for
 1661  employee residency for higher refund or credit thresholds must
 1662  be based on employee residency in the energy economic zone or an
 1663  enterprise zone. A business in an energy economic zone may also
 1664  be eligible for funding under ss. 288.047 and 445.003, and a
 1665  transportation project in an energy economic zone shall be
 1666  provided priority in funding under s. 339.2821. Other projects
 1667  shall be given priority ranking to the extent practicable for
 1668  grants administered under state energy programs.
 1669         Section 33. Except as otherwise expressly provided in this
 1670  act, this act shall take effect July 1, 2020.