The Florida Senate

341.011  Florida Public Transit Act; short title.

341.031  Definitions relating to Florida Public Transit Act.

341.041  Transit responsibilities of the department.

341.051  Administration and financing of public transit programs and projects.

341.052  Public transit block grant program; administration; eligible projects; limitation.

341.053  Intermodal Development Program; administration; eligible projects; limitations.

341.061  Transit safety standards; inspections and system safety reviews.

341.071  Transit productivity and performance measures; reports.

341.101  State purchase of mass transit vehicles and facilities.

341.102  Regulation of nonpublic sector buses.

341.301  Definitions; ss. 341.302 and 341.303.

341.302  Rail program, duties and responsibilities of the department.

341.3025  Multicounty public rail system fares and enforcement.

341.303  Funding authorization and appropriations; eligibility and participation.

341.3201  Florida High-Speed Rail Transportation Act; short title.

341.321  Development of high-speed rail transportation system; legislative findings, policy, purpose, and intent.

341.322  Definitions used in ss. 341.3201-341.386.

341.325  Special powers and duties of the department.

341.327  Preemption; sole and exclusive determination of need for the high-speed rail transportation system.

341.329  Bonds; project financing.

341.331  Service designation; termini.

341.332  Franchises.

341.3331  Request for proposals.

341.3332  Notice of issuance of request for proposals.

341.3333  Application for franchise; confidentiality of application and trade secrets.

341.3334  Franchise review process.

341.3335  Interagency coordination of franchise application review.

341.3336  Public meeting on the franchise application.

341.3337  Determination and award of franchise.

341.3338  Effect of franchise.

341.3339  Postfranchise agreements.

341.334  Department of Transportation; powers and duties.

341.335  Powers and duties of the board.

341.336  Department of Environmental Protection and Department of Community Affairs; other affected agencies; powers and duties.

341.3365  Certification procedures.

341.342  Agreements concerning contents of certification application and supporting documentation.

341.343  Review of application.

341.344  Citizens' Planning and Environmental Advisory Committee.

341.345  Alternate corridors or transit station locations.

341.346  Appointment of administrative law judge; powers and duties.

341.3465  Alteration of time limitations.

341.347  Local government hearings.

341.348  Reports and studies.

341.351  Publication of notice of certification application and proceedings; contents of notice.

341.352  Certification hearing.

341.353  Final disposition of certification application.

341.363  Effect of certification; ss. 341.3201-341.386 to take precedence.

341.364  Appeals to board.

341.365  Associated development.

341.366  Recording of notice of certified corridor route.

341.368  Modification of certification or franchise.

341.369  Fees; disposition.

341.371  Revocation or suspension of franchise or certification.

341.372  Administrative fine in lieu of revocation or suspension of franchise.

341.375  Participation by women, minorities, and socially and economically disadvantaged individuals encouraged; plan for compliance.

341.381  Applicability.

341.382  Superseded laws and regulations.

341.383  Authority of local government to assess fees.

341.386  Award of franchise and certification admissible in eminent domain proceedings; attorney's fees and costs.

341.501  High-technology transportation systems; joint project agreement or assistance.

341.821  Florida High-Speed Rail Authority.

341.822  Powers and duties.

341.823  Criteria for assessment and recommendations.

341.824  Technical, scientific, or other assistance.

341.011  Florida Public Transit Act; short title.--Sections 341.011-341.061 shall be known and may be cited as the "Florida Public Transit Act."

History.--s. 1, ch. 78-283; s. 1, ch. 84-340.

341.031  Definitions relating to Florida Public Transit Act.--As used in ss. 341.011-341.061, the term:

(1)  "Public transit provider" or "provider" means a public agency providing public transit service, including rail authorities created in chapter 343.

(2)  "Fixed-guideway transportation system" means a public transit system for the transporting of people by a conveyance, or a series of interconnected conveyances, which conveyance or series of conveyances is specifically designed for travel on a stationary rail or other guideway, whether located on, above, or under the ground.

(3)  "Eligible transit operating costs" means the total administrative, management, and operation costs directly incident to the provision of public transit services, excluding any depreciation or amortization of capital assets.

(4)  "Local revenue sources" means the sum of funds received from a local government entity to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service, and nontransportation activities.

(5)  "Paratransit" means those elements of public transit which provide service between specific origins and destinations selected by the individual user with such service being provided at a time that is agreed upon by the user and the provider of the service. Paratransit service is provided by taxis, limousines, "dial-a-ride" buses, and other demand-responsive operations that are characterized by their nonscheduled, nonfixed route nature.

(6)  "Public transit" means the transporting of people by conveyances, or systems of conveyances, traveling on land or water, local or regional in nature, and available for use by the public. Public transit systems may be either governmentally owned or privately owned. Public transit specifically includes those forms of transportation commonly known as "paratransit."

(7)  "Public transit capital project" means a project undertaken by a public agency to provide public transit to its constituency, and is limited to acquisition, design, construction, reconstruction, or improvement of a governmentally owned or operated transit system.

(8)  "Public transit service development project" means a project undertaken by a public agency to determine whether a new or innovative technique or measure can be utilized to improve or expand public transit services to its constituency. The duration of the project shall be limited according to the type of the project in conformance with the provisions of s. 341.051(5)(f), but in no case shall exceed a period of 3 years. Public transit service development projects specifically include projects involving the utilization of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services; and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups.

(9)  "Commuter assistance program" means financial and technical assistance by the department to promote alternatives to the use of automobiles by a single commuter. The term includes the following program areas:

(a)  "Ridesharing," which means an arrangement between persons with a common destination, or destinations, within the same proximity, to share the use of a motor vehicle on a recurring basis for round-trip transportation to and from their place of employment or other common destination. For purposes of ridesharing, employment shall be deemed to commence when an employee arrives at the employer's place of employment to report for work and shall be deemed to terminate when the employee leaves the employer's place of employment, excluding areas not under the control of the employer. However, an employee shall be deemed to be within the course of employment when the employee is engaged in the performance of duties assigned or directed by the employer, or acting in the furtherance of the business of the employer, irrespective of location.

(b)  "Transportation demand management," which means techniques that can be used to increase the efficiency of existing transportation systems by influencing demand on the systems and by reducing the number of automobile trips during peak hours of highway use.

(c)  "Transportation management association," which means an organization which helps solve transportation problems by encouraging businesses and governments to implement ridesharing and demand management strategies.

(10)  "Transit corridor project" means a project that is undertaken by a public agency and designed to relieve congestion and improve capacity within an identified transportation corridor by increasing people-carrying capacity of the system through the use and facilitated movement of high-occupancy conveyances. Each transit corridor project must meet the requirements established in s. 341.051(5)(e) and, if applicable, the requirements of the department's major capital investment policy developed pursuant to s. 341.051(5)(b). Initial project duration shall not exceed a period of 2 years unless the project is reauthorized by the Legislature. Such reauthorization shall be based upon a determination that the project is meeting or exceeding the criteria, developed pursuant to s. 341.051(5)(e), by which the success of the project is being judged and by inclusion of the project in a departmental appropriation request.

History.--s. 1, ch. 78-283; s. 2, ch. 82-95; s. 3, ch. 84-340; s. 20, ch. 85-81; s. 80, ch. 90-136; s. 65, ch. 92-152; ss. 35, 62, ch. 93-164.

341.041  Transit responsibilities of the department.--The department shall, within the resources provided pursuant to chapter 216:

(1)  Develop a statewide plan which provides for public transit needs at least 5 years in advance. The plan shall be developed in a manner that will assure maximum use of existing facilities, and optimum integration and coordination of the various modes of transportation, including both governmentally owned and privately owned resources, in the most cost-effective manner possible. The plan shall also incorporate plans adopted by local and regional planning agencies which are consistent, to the maximum extent feasible, with adopted strategic policy plans and approved local government comprehensive plans for the region and units of local government covered by the plan and shall, insofar as practical, conform to federal planning requirements. The plan shall be consistent with the goals of the Florida Transportation Plan developed pursuant to s. 339.155.

(2)  Formulate a specific program of projects and project financing to respond to identified transit needs as part of the work program.

(3)  Develop, publish, and administer state measures concerning system management, performance, productivity, cost distribution, and safety of governmentally owned public transit systems and privately owned or operated systems financed wholly or in part by state funding. Such measures shall be developed jointly with representatives of affected publicly owned transit systems and in coordination with affected privately owned systems, with full consideration given to nationwide industry norms.

(4)  Provide technical and financial assistance to units of local government, based on an analysis of public transit problems and needs, to assist in establishing and implementing effective transit systems and related support programs. In providing such assistance, the department may assist public agencies that provide public transit by making department-owned transit vehicles and appurtenances available for lease to such agencies for special needs of limited duration.

(5)  Coordinate activities between the public entities and private entities on matters relating to public transit.

(6)  Assist in the development and implementation of marketing and passenger information programs for public transit services.

(7)  Provide transit service through contracts with existing publicly or privately owned transit systems, where such service represents the transit element of a corridor project designed to relieve urban traffic congestion.

(8)  Provide new transit service and equipment where a public need has been determined to exist pursuant to the transportation planning process and where all of the following conditions occur:

(a)  No other governmental entity of appropriate jurisdiction exists.

(b)  The service cannot be reasonably provided by a governmentally owned or privately owned public transit provider.

(c)  The cost of providing the service does not exceed the sum of revenues resulting from user fares, special transit services such as charter operations, local fund participation, and specific legislative appropriation for this purpose.

The department may buy, sell, own, lease, and otherwise encumber facilities, transit vehicles, and appurtenances thereto, as necessary to provide such service; or the department may provide service by contracts with governmentally owned or privately owned service providers.

(9)  Provide public transportation service where emergency service is required, provided that no other private or public transportation operation is available to provide needed service and that such service is clearly in the best interests of the people or communities being served. Such service shall be provided by contractual services, actual operation of state-owned transit equipment and facilities, or any other means deemed appropriate by the department and shall be limited to a period not to exceed 2 years.

(10)  Administer federal and state commuter assistance programs and related federal-aid funds apportioned to the department, which promote the use of ridesharing arrangements and transportation demand management strategies, and the creation of transportation management associations. Public agencies, and private organizations established pursuant to chapter 617 and approved by the local government and the department as being consistent with local, regional, and state transportation plans, are eligible to receive funds under this program. The department shall establish adequate insurance requirements based on passenger capacity for each vehicle used in ridesharing.

(11)  Assist local governmental entities and other transit operators in the planning and development of transit programs and procedures and in the identification of alternatives for achieving the most effective use of available transportation resources and increasing revenue sources as needed so that Florida's transit systems can move toward becoming fiscally self-sufficient. The department may also advance, on a matching basis, state funds for capital improvements to transit properties in accordance with the following:

(a)  Candidate programs may include, but are not limited to, the development of terminal facilities for lease by interfacing modes, the acquisition and development of adjacent land for lease or sale to public and private entities, and the acquisition and development of air rights.

(b)  The criteria to be utilized in determining whether or not to advance such funds shall be adopted by rule and shall include the demonstrated need of the transit system, administrative capability, and a system financial plan as approved by the department.

(12)  Assist local governmental entities in achieving a condition wherein transit systems are operated at a service level that is responsive to identified transit needs and in such a manner as to promote maximum transit usage and achieve the highest possible operating recovery ratio commensurate with the local government's transit role and requirements.

(13)  Assist local governmental entities and other transit operators in the planning, development, and coordination of transit services for WAGES program participants as defined in s. 414.0252.

(14)  Create and maintain a common self-retention insurance fund to support fixed-guideway projects throughout the state when there is a contractual obligation to have the fund in existence in order to provide fixed-guideway services. The maximum limit of the fund is as required by any contractual obligation.

History.--s. 1, ch. 78-283; s. 253, ch. 84-309; s. 4, ch. 84-340; s. 16, ch. 89-301; s. 81, ch. 90-136; s. 66, ch. 92-152; s. 3, ch. 95-149; s. 56, ch. 95-257; s. 11, ch. 98-57; s. 34, ch. 99-385.

341.051  Administration and financing of public transit programs and projects.--

(1)  FEDERAL AID.--

(a)  The department is authorized to receive federal grants or apportionments for public transit projects in this state.

(b)  Local governmental entities are authorized to receive federal grants or apportionments for public transit and commuter assistance projects. In addition, the provisions of s. 337.403 notwithstanding, if the relocation of utility facilities is necessitated by the construction of a fixed-guideway public transit project and the utilities relocation is approved as a part of the project by a participating federal agency (if eligible for federal matching reimbursement), then any county chartered under s. 6(e), Art. VIII of the State Constitution shall pay at least 50 percent of the nonfederal share of the cost attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. The balance of the nonfederal share shall be paid by the utility.

(2)  PUBLIC TRANSIT PLAN.--

(a)  The department shall prepare a public transit plan which shall be included in the tentative work program of the department prepared pursuant to s. 339.135(4). The provisions of s. 339.135 apply to public transit projects in the same manner that they apply to other transportation facility construction projects. Any planned department participation shall be in accordance with subsection (5).

(b)  The public transit plan shall be consistent with the local plans developed in accordance with the comprehensive transportation planning process. Projects that involve funds administered by the department, and that will be undertaken and implemented by another public agency, shall be included in the public transit plan upon the request of that public agency, providing such project is eligible under the requirements established herein and subject to estimated availability of funds. Projects so included in the plan shall not be altered or removed from priority status without notice to the public agency or local governmental entities involved.

(3)  APPROPRIATION REQUESTS.--

(a)  Public transit funds shall be requested on the basis of the funding required for the public transit plan. Appropriation requests shall identify each public transit project calling for a state expenditure of $500,000 or more.

(b)  Public transit service development projects and transit corridor projects shall be individually identified in the appropriation request by the department. Such request shall show a breakdown of funds showing capital and operating expense.

(c)  Unless otherwise authorized by the Legislature, the department is prohibited from entering into any agreement or contract for a public transit project which would result in the ultimate expenditure or commitment of state funds in excess of $5 million.

(4)  PROJECT ELIGIBILITY.--

(a)  Any project that is necessary to meet the program objectives enumerated in s. 341.041, that conforms to the provisions of this section, and that is contained in the local transportation improvement program and the adopted work program of the department is eligible for the expenditure of state funds for transit purposes.

1.  The project shall be a project for service or transportation facilities provided by the department under the provisions of this act, a public transit capital project, a commuter assistance project, a public transit service development project, or a transit corridor project.

2.  The project must be approved by the department as being consistent with the criteria established pursuant to the provisions of this act.

(b)  Such expenditures shall be in accordance with the fund participation rates and the criteria established in this section for project development and implementation, and are subject to approval by the department as being consistent with the Florida Transportation Plan and regional transportation goals and objectives.

(c)  Unless otherwise authorized by the Legislature, the department is prohibited from entering into any agreement or contract for a public transit project which would result in the ultimate expenditure or commitment of state funds in excess of $5 million.

(5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

(a)  The department may fund up to 50 percent of the nonfederal share of the costs, not to exceed the local share, of any eligible public transit capital project or commuter assistance project that is local in scope; except, however, that departmental participation in the final design, right-of-way acquisition, and construction phases of an individual fixed-guideway project which is not approved for federal funding shall not exceed an amount equal to 12.5 percent of the total cost of each phase.

(b)  The Department of Transportation shall develop a major capital investment policy which shall include policy criteria and guidelines for the expenditure or commitment of state funds for public transit capital projects. The policy shall include the following:

1.  Methods to be used to determine consistency of a transit project with the approved local government comprehensive plans of the units of local government in which the project is located.

2.  Methods for evaluating the level of local commitment to a transit project, which is to be demonstrated through system planning and the development of a feasible plan to fund operating cost through fares, value capture techniques such as joint development and special districts, or other local funding mechanisms.

3.  Methods for evaluating alternative transit systems including an analysis of technology and alternative methods for providing transit services in the corridor.

(c)  The department is authorized to fund up to 100 percent of the cost of any eligible transit capital project or commuter assistance project that is statewide in scope or involves more than one county where no other governmental entity or appropriate jurisdiction exists.

(d)  The department is authorized to advance up to 80 percent of the capital cost of any eligible project that will assist Florida's transit systems in becoming fiscally self-sufficient. Such advances shall be reimbursed to the department on an appropriate schedule not to exceed 5 years after the date of provision of the advances.

(e)  The department is authorized to fund up to 100 percent of the capital and net operating costs of statewide transit service development projects or transit corridor projects. All transit service development projects shall be specifically identified by way of a departmental appropriation request, and transit corridor projects shall be identified as part of the planned improvements on each transportation corridor designated by the department. The project objectives, the assigned operational and financial responsibilities, the timeframe required to develop the required service, and the criteria by which the success of the project will be judged shall be documented by the department for each such transit service development project or transit corridor project.

(f)  The department is authorized to fund up to 50 percent of the capital and net operating costs of transit service development projects that are local in scope and that will improve system efficiencies, ridership, or revenues. All such projects shall be identified in the appropriation request of the department through a specific program of projects, as provided for in s. 341.041, that is selectively applied in the following functional areas and is subject to the specified times of duration:

1.  Improving system operations, including, but not limited to, realigning route structures, increasing system average speed, decreasing deadhead mileage, expanding area coverage, and improving schedule adherence, for a period of up to 3 years;

2.  Improving system maintenance procedures, including, but not limited to, effective preventive maintenance programs, improved mechanics training programs, decreasing service repair calls, decreasing parts inventory requirements, and decreasing equipment downtime, for a period of up to 3 years;

3.  Improving marketing and consumer information programs, including, but not limited to, automated information services, organized advertising and promotion programs, and signing of designated stops, for a period of up to 2 years; and

4.  Improving technology involved in overall operations, including, but not limited to, transit equipment, fare collection techniques, electronic data processing applications, and bus locators, for a period of up to 2 years.

For purposes of this section, the term "net operating costs" means all operating costs of a project less any federal funds, fares, or other sources of income to the project.

History.--s. 1, ch. 78-283; s. 63, ch. 83-3; ss. 9, 13, ch. 83-138; s. 254, ch. 84-309; s. 5, ch. 84-340; s. 18, ch. 87-225; s. 20, ch. 88-286; s. 17, ch. 89-301; s. 82, ch. 90-136; s. 67, ch. 92-152; s. 21, ch. 92-173; s. 36, ch. 93-164; s. 57, ch. 95-257; s. 136, ch. 99-13; s. 106, ch. 99-385.

341.052  Public transit block grant program; administration; eligible projects; limitation.--

(1)  There is created a public transit block grant program which shall be administered by the department. Block grant funds shall only be provided to "Section 9" providers and "Section 18" providers designated by the United States Department of Transportation and community transportation coordinators as defined in chapter 427. Eligible providers must establish public transportation development plans consistent, to the maximum extent feasible, with approved local government comprehensive plans of the units of local government in which the provider is located. In developing public transportation development plans, eligible providers must solicit comments from regional workforce boards established under chapter 445. The development plans must address how the public transit provider will work with the appropriate regional workforce board to provide services to participants in the welfare transition program. Eligible providers must provide information to the regional workforce board serving the county in which the provider is located regarding the availability of transportation services to assist program participants.

(2)  Costs for which public transit block grant program funds may be expended include:

(a)  Costs of public bus transit and local public fixed guideway capital projects.

(b)  Costs of public bus transit service development and transit corridor projects. Whenever block grant funds are used for a service development project or a transit corridor project, the use of such funds is governed by s. 341.051. Local transit service development projects and transit corridor projects currently operating under contract with the department shall continue to receive state funds according to the contract until such time as the contract expires. Transit corridor projects, wholly within one county, meeting or exceeding performance criteria as described in the contract shall be continued by the transit provider at the same or a higher level of service until such time as the department, the M.P.O., and the service provider, agree to discontinue the service. The provider may not increase fares for services in transit corridor projects wholly within one county without the consent of the department.

(c)  Costs of public bus transit operations.

All projects must be consistent, to the maximum extent feasible, with the approved local government comprehensive plans of the units of local government in which the project is located.

(3)  The following limitations shall apply to the use of public transit block grant program funds:

(a)  State participation in eligible capital projects shall be limited to 50 percent of the nonfederal share of such project costs.

(b)  State participation in eligible public transit operating costs may not exceed 50 percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less.

(c)  No eligible public transit provider shall use public transit block grant funds to supplant local tax revenues made available to such provider for operations in the previous year; however, the Secretary of Transportation may waive this provision for public transit providers located in a county recovering from a state of emergency declared pursuant to part I of chapter 252.

(d)  The state may not give any county more than 39 percent of the funds available for distribution under this section or more than the amount that local revenue sources provide to that transit system.

(4)  To remain eligible to receive funding under the public transit block grant program, eligible public transit providers must comply with the requirements of s. 341.071(1) and the requirements of s. 341.071(2) and must comply with the provisions of paragraph (2)(b) relating to existing transit corridor projects.

(5)  The department shall distribute 15 percent of the funds designated for the public transit block grant program into the Transportation Disadvantaged Trust Fund for distribution to community transportation coordinators as provided by the rules of the Commission for the Transportation Disadvantaged.

(6)  The department shall distribute 85 percent of the public transit block grant funds to "Section 9" and "Section 18" providers designated by the United States Department of Transportation. The funds shall be distributed to "Section 9" providers, and to "Section 18" providers that are not designated as community transportation coordinators pursuant to chapter 427, according to the following formula, except that at least $20,000 shall be distributed to each eligible provider if application of the formula provides less than that amount for any such provider:

(a)  One-third shall be distributed according to the percentage that an eligible provider's county population in the most recent year for which those population figures are available from the state census repository is of the total population of all counties served by eligible providers.

(b)  One-third shall be distributed according to the percentage that the total revenue miles provided by an eligible provider, as verified by the most recent "Section 15" report to the Federal Transit Administration or a similar audited report submitted to the department, is of the total revenue miles provided by eligible providers in the state in that year.

(c)  One-third shall be distributed according to the percentage that the total passengers carried by an eligible provider, as verified by the most recent "Section 15" report submitted to the Federal Transit Administration or a similar audited report submitted to the department, is of the total number of passengers carried by eligible providers in the state in that year.

(7)(a)  Any funds distributed to an eligible provider pursuant to subsection (6) which cannot be expended within the limitations of the block grant program shall be returned to the department for redistribution to other eligible providers pursuant to that subsection.

(b)  The department may consult with an eligible provider, before distributing funds to that provider pursuant to subsection (6), to determine whether the provider can expend its total block grant within the limitations of the block grant program. If the department and the provider agree that the total block grant cannot be expended, the provider may agree to accept a block grant of less than the total amount, in which case the funds that exceed such lesser agreed-upon amount shall be redistributed to other eligible providers pursuant to subsection (6).

(c)  If an audit reveals that an eligible provider expended block grant funds on unauthorized uses, the provider must repay to the department an amount equal to the funds expended for unauthorized uses. The department shall redistribute such repayments to other eligible providers pursuant to subsection (6).

(8)  Notwithstanding the provisions of subsections (5), (6), and (7), the department may supplement an eligible provider's block grant allocation if funds are available; if requested by the M.P.O. or, if there is no M.P.O., by the county with jurisdiction; and if the department concurs in the request. Any supplement of a transit provider's block grant shall be specifically identified in the tentative work program submitted by the department to the Legislature. The provisions of subsections (2) and (3) shall apply to total block grants as supplemented by allocations made under this subsection.

History.--s. 83, ch. 90-136; s. 68, ch. 92-152; s. 34, ch. 93-164; s. 22, ch. 94-237; s. 15, ch. 97-100; s. 12, ch. 98-57; s. 86, ch. 2000-165.

341.053  Intermodal Development Program; administration; eligible projects; limitations.--

(1)  There is created within the Department of Transportation an Intermodal Development Program to provide for major capital investments in fixed-guideway transportation systems, access to seaports, airports and other transportation terminals, providing for the construction of intermodal or multimodal terminals; and to otherwise facilitate the intermodal or multimodal movement of people and goods.

(2)  In recognition of the department's role in the economic development of this state, the department shall develop a proposed intermodal development plan to connect Florida's airports, deepwater seaports, rail systems serving both passenger and freight, and major intermodal connectors to the Florida Intrastate Highway System facilities as the primary system for the movement of people and freight in this state in order to make the intermodal development plan a fully integrated and interconnected system. The intermodal development plan must:

(a)  Define and assess the state's freight intermodal network, including airports, seaports, rail lines and terminals, and connecting highways.

(b)  Prioritize statewide infrastructure investments, including the acceleration of current projects, which are found by the Freight Stakeholders Task Force to be priority projects for the efficient movement of people and freight.

(c)  Be developed in a manner that will assure maximum use of existing facilities and optimum integration and coordination of the various modes of transportation, including both government-owned and privately owned resources, in the most cost-effective manner possible.

(3)  The Intermodal Development Program shall be administered by the department.

(4)  The department shall review funding requests from a rail authority created pursuant to chapter 343. The department may include projects of the authorities, including planning and design, in the tentative work program.

(5)  No single transportation authority operating a fixed-guideway transportation system, or single fixed-guideway transportation system not administered by a transportation authority, receiving funds under the Intermodal Development Program shall receive more than 33¹/₃ percent of the total intermodal development funds appropriated between July 1, 1990, and June 30, 2015. In determining the distribution of funds under the Intermodal Development Program in any fiscal year, the department shall assume that future appropriation levels will be equal to the current appropriation level.

(6)  The department is authorized to fund projects within the Intermodal Development Program, which are consistent, to the maximum extent feasible, with approved local government comprehensive plans of the units of local government in which the project is located. Projects that are eligible for funding under this program include major capital investments in public rail and fixed-guideway transportation facilities and systems which provide intermodal access and which, if approved after July 1, 1991, have complied with the requirement of the department's major capital investment policy; road, rail, or fixed-guideway access to, from, or between seaports, airports, and other transportation terminals; construction of intermodal or multimodal terminals; development and construction of dedicated bus lanes; and projects which otherwise facilitate the intermodal or multimodal movement of people and goods.

History.--s. 84, ch. 90-136; s. 69, ch. 92-152; s. 66, ch. 93-164; s. 47, ch. 99-385.

341.061  Transit safety standards; inspections and system safety reviews.--

(1)(a)  The department shall adopt by rule minimum safety standards for governmentally owned fixed-guideway transportation systems and privately owned or operated fixed-guideway transportation systems operating in this state which are financed wholly or partly by state funds. Standards must be site-specific for fixed-guideway transportation systems and shall be developed jointly by the department and representatives of the affected systems, giving full consideration to nationwide industry safety norms relating to the development and operation of fixed-guideway transportation systems.

(b)  Each fixed-guideway transportation system shall develop a safety program plan that complies with established standards and shall certify to the department that the plan complies with the standards. Following certification to the department, the fixed-guideway transportation system shall implement and comply with the plan during the development and operation of the system. Each fixed-guideway transportation system shall verify annually in writing to the department that it has complied with its adopted safety program plan.

(c)  Before beginning passenger service operations, a fixed-guideway transportation system must certify in writing to the department that the system is safe for passenger service. Further, before a fixed-guideway transportation system the operations of which have been suspended as a result of noncompliance with established standards returns to service, the system must certify in writing to the department that the system is safe for passenger service.

(d)  If a fixed-guideway transportation system does not comply with paragraph (b) or paragraph (c) or if, upon certification by a fixed-guideway transportation system, the department has good cause to believe that the system is not complying with its adopted safety program plan or is not safe for passenger service, the department may conduct a review of the system for safety compliance. Upon completion of its review, the department shall provide a copy of the review report to the affected system. Any adverse findings and any corrective actions required and the time allowed for such actions must be stated in the report. If at any time continued operation of the system, or a portion thereof, poses an immediate danger to public safety, the system operator shall suspend affected system service until corrective action is taken. If the system operator fails to take corrective action or fails to suspend service when immediate danger to the public exists, the department may require the affected system service to be suspended.

(2)(a)  The department shall adopt by rule minimum equipment and operational safety standards for all governmentally owned bus transit systems and privately owned or operated bus transit systems operating in this state that are financed wholly or partly by state funds, all bus transit systems created pursuant to chapter 427, and all privately owned or operated bus transit systems under contract with any of the foregoing systems. Standards for bus transit systems shall be developed jointly by the department and representatives of the transit systems. Each such bus transit system shall develop a transit safety program plan that complies with established standards and shall certify to the department that the plan complies with the standards. Following certification to the department, the bus transit system shall implement and comply with the plan during the operation of the transit system.

(b)  Each bus transit system shall, as part of the safety program plan, require that all transit buses operated by the system be inspected at least annually in accordance with established standards. Qualified personnel of the bus transit system or public or private entities qualified by the bus transit system shall perform safety inspections. Each bus transit system shall certify annually in writing to the department that it has complied with its adopted safety program plan and, as part of that plan, that safety inspections have been performed by a qualified entity at least once that year on all transit buses operated by such system.

(c)  If a bus transit system does not comply with paragraph (a) or paragraph (b) or if, upon certification by a bus transit system, the department has good cause to believe that the system is not complying with its adopted safety program plan or is not safe for passenger service, the department may conduct a review of the system for safety compliance. Upon completion of its review, the department shall provide a copy of the review report to the affected system. Any adverse findings and any corrective actions required and the time allowed for such actions must be stated in the report. If at any time continued operation of the system, or a portion thereof, poses an immediate danger to public safety, the system operator shall suspend affected system service until corrective action is taken. If the system operator fails to take corrective action or fails to suspend service when immediate danger to the public exists, the department may require the affected system service to be suspended.

History.--s. 6, ch. 84-340; s. 37, ch. 86-243.

341.071  Transit productivity and performance measures; reports.--

(1)  Where there is an approved local government comprehensive plan in the political subdivision or political subdivisions in which the public transportation system is located, each public transit provider shall establish public transportation development plans consistent with approved local government comprehensive plans.

(2)  Each public transit provider shall establish productivity and performance measures, which must be approved by the department and which must be selected from measures developed pursuant to s. 341.041(3). Each provider shall report annually to the department relative to these measures. In approving these measures, the department shall give consideration to the goals and objectives of each system, the needs of the local area, and the role for public transit in the local area.

(3)  Each public transit provider shall publish in the local newspaper of its area the productivity and performance measures established for the year and a report which provides quantitative data relative to the attainment of established productivity and performance measures.

History.--s. 85, ch. 90-136.

341.101  State purchase of mass transit vehicles and facilities.--

(1)  The Division of Bond Finance of the State Board of Administration is authorized to acquire, finance, lease, or sell, and the department is authorized to lease or purchase, mass transit vehicles and facilities pursuant to ss. 288.23-288.30 and ss. 215.57-215.83.

(2)  As used in s. 166.021, a "municipal purpose" also includes any and all means for the transportation of people and goods from place to place, which means of transportation are developed, operated, or maintained in whole or in part from public funds.

History.--ss. 2, 3, ch. 70-239; s. 255, ch. 84-309; s. 7, ch. 84-340; s. 284, ch. 92-279; s. 55, ch. 92-326.

Note.--Former s. 334.023.

341.102  Regulation of nonpublic sector buses.--

(1)  No local governmental entity shall unduly restrict or impose any economic regulation upon the use of nonpublic sector buses engaged solely in intercounty transportation, or engaged in intracity transportation routes if the owner of such bus can establish that such intracity transportation route has been operated continuously from January 1, 1990, through April 1, 1991, and such intracity transportation has been conducted in compliance with applicable safety rules and regulations promulgated under s. 316.70. The partial exemption from local governmental regulation afforded the intracity transportation routes specified in the preceding sentence shall be limited to the routes maintained continuously from January 1, 1990, through April 1, 1991, and such authority shall expire April 1, 2011, or 10 years after any change in ownership of such bus, whichever occurs first. Any existing restrictions inconsistent with this section are invalid. However, local governmental entities may enact necessary safety, insurance, and traffic ordinances.

(2)  Except for contract agreements awarded pursuant to chapter 427, a county, as defined in s. 125.011(1), or a local governmental entity located within such a county, may not unduly restrict or impose any economic regulation upon any private sector contract transportation agreement. A private sector contract transportation agreement is a prearranged written contract between a bus owner and a public sector or private sector entity for the prearranged transportation of specific passengers, not including street hails, by a nonpublic sector bus over public roads that do not overlap public transportation corridors by more than 70 percent; provided, such passengers are employees, patients, or clients of the public sector or private sector entity, and such entity has a legitimate business or governmental purpose in transporting such employees, patients, or clients; and such entity's primary business is not transportation of passengers by motor vehicle, as defined in s. 320.01. For the purpose of this subsection, a nonpublic sector bus is defined as a vehicle designed for carrying more than 10 passengers. A public transportation corridor consists of those public roads within one-quarter mile of, and including, existing public transportation routes. Nothing contained in this subsection shall restrict local governmental entities from enacting necessary safety, insurance, and traffic ordinances.

History.--s. 5, ch. 81-209; s. 256, ch. 84-309; s. 8, ch. 84-340; s. 123, ch. 90-136; s. 1, ch. 90-230; s. 70, ch. 92-152.

341.301  Definitions; ss. 341.302 and 341.303.--As used in ss. 341.302 and 341.303, the term:

(1)  "Branch line continuance project" means a project that involves branch line rehabilitation, new connecting track, rail banking, and other similar types of projects, including those specifically identified in the federal Railroad Revitalization and Regulatory Reform Act of 1976, and subsequent amendments to that act.

(2)  "Intercity rail transportation system" means the network of railroad facilities used or available for interstate and intrastate passenger and freight operations by railroads, whether or not on a schedule or whether or not restricted.

(3)  "Rail programs" means those programs administered by the state or other governmental entities which involve projects affecting the movement of people or goods by rail lines that have been or will be constructed to serve freight or passenger markets within a city or between cities.

(4)  "Rail service development project" means a project undertaken by a public agency to determine whether a new or innovative technique or measure can be utilized to improve or expand rail service. The duration of the project funding shall be limited according to the type of project and in no case shall exceed 3 years. Rail service development projects include those projects and other actions undertaken to enhance railroad operating efficiency or increased rail service, including measures that result in improved speed profiles, operations, or technological applications that lead to reductions in operating costs and increases in productivity or service.

(5)  "Railroad" or "rail system" means any common carrier fixed-guideway transportation system such as the conventional steel rail-supported, steel-wheeled system. The term does not include a high-speed rail line developed by the Department of Transportation pursuant to ss. 341.321-341.386.

(6)  "Railroad capital improvement project" means a project identified by the rail component of the Florida Transportation Plan, which project involves the leasing, acquisition, design, construction, reconstruction, or improvement to the existing intercity rail transportation system or future segments thereof, including such items as locomotives and other rolling stock, tracks, terminals, and rights-of-way for the continuance or expansion of rail service as necessary to ensure the continued effectiveness of the state's rail facilities and systems in meeting mobility and industrial development needs.

(7)  "Train" means any locomotive engine that is powered by diesel fuel, electricity, or other means, with or without cars coupled thereto, and operated upon a railroad track or any other form of fixed guideway, except that the term does not include a light rail vehicle such as a streetcar or people mover.

History.--s. 1, ch. 84-333; s. 38, ch. 86-243; s. 42, ch. 95-143.

341.302  Rail program, duties and responsibilities of the department.--The department, in conjunction with other governmental units and the private sector, shall develop and implement a rail program of statewide application designed to ensure the proper maintenance, safety, revitalization, and expansion of the rail system to assure its continued and increased availability to respond to statewide mobility needs. Within the resources provided pursuant to chapter 216, and as authorized under Title 49 C.F.R. part 212, the department shall:

(1)  Provide the overall leadership, coordination, and financial and technical assistance necessary to assure the effective responses of the state's rail system to current and anticipated mobility needs.

(2)  Promote and facilitate the implementation of advanced rail systems, including high-speed rail and magnetic levitation systems.

(3)  Develop and periodically update the rail system plan, on the basis of an analysis of statewide transportation needs. The plan shall be consistent with the Florida Transportation Plan developed pursuant to s. 339.155. The rail system plan shall include an identification of priorities, programs, and funding levels required to meet statewide needs. The rail system plan shall be developed in a manner that will assure the maximum use of existing facilities and the optimum integration and coordination of the various modes of transportation, public and private, in the most cost-effective manner possible. The rail system plan shall be updated at least every 2 years and include plans for both passenger rail service and freight rail service.

(4)  As part of the work program of the department, formulate a specific program of projects and financing to respond to identified railroad needs.

(5)  Provide technical and financial assistance to units of local government to address identified rail transportation needs.

(6)  Secure and administer federal grants, loans, and apportionments for rail projects within this state when necessary to further the statewide program.

(7)  Develop and administer state standards concerning the safety and performance of rail systems, hazardous material handling, and operations. Such standards shall be developed jointly with representatives of affected rail systems, with full consideration given to nationwide industry norms, and shall define the minimum acceptable standards for safety and performance.

(8)  Conduct, at a minimum, inspections of track and rolling stock; train signals and related equipment; hazardous materials transportation, including the loading, unloading, and labeling of hazardous materials at shippers', receivers', and transfer points; and train operating practices to determine adherence to state and federal standards. Department personnel may enforce any safety regulation issued under the Federal Government's preemptive authority over interstate commerce.

(9)  Assess penalties, in accordance with the applicable federal regulations, for the failure to adhere to the state standards.

(10)  Administer rail operating and construction programs, which programs shall include the regulation of maximum train operating speeds, the opening and closing of public grade crossings, the construction and rehabilitation of public grade crossings, and the installation of traffic control devices at public grade crossings, the administering of the programs by the department including participation in the cost of the programs.

(11)  Coordinate and facilitate the relocation of railroads from congested urban areas to nonurban areas when relocation has been determined feasible and desirable from the standpoint of safety, operational efficiency, and economics.

(12)  Implement a program of branch line continuance projects when an analysis of the industrial and economic potential of the line indicates that public involvement is required to preserve essential rail service and facilities.

(13)  Provide new rail service and equipment when:

(a)  Pursuant to the transportation planning process, a public need has been determined to exist;

(b)  The cost of providing such service does not exceed the sum of revenues from fares charged to users, services purchased by other public agencies, local fund participation, and specific legislative appropriation for this purpose; and

(c)  Service cannot be reasonably provided by other governmental or privately owned rail systems.

The department may own, lease, and otherwise encumber facilities, equipment, and appurtenances thereto, as necessary to provide new rail services; or the department may provide such service by contracts with privately owned service providers.

(14)  Furnish required emergency rail transportation service if no other private or public rail transportation operation is available to supply the required service and such service is clearly in the best interest of the people in the communities being served. Such emergency service may be furnished through contractual arrangement, actual operation of state-owned equipment and facilities, or any other means determined appropriate by the secretary.

(15)  Assist in the development and implementation of marketing programs for rail services and of information systems directed toward assisting rail systems users.

(16)  Conduct research into innovative or potentially effective rail technologies and methods and maintain expertise in state-of-the-art rail developments.

(17)  Exercise such other functions, powers, and duties in connection with the rail system plan as are necessary to develop a safe, efficient, and effective statewide transportation system.

History.--s. 2, ch. 84-333; s. 18, ch. 89-301; s. 72, ch. 92-152; s. 53, ch. 93-164; s. 58, ch. 95-257; s. 35, ch. 99-385.

341.3025  Multicounty public rail system fares and enforcement.--

(1)  Any entity that owns or operates a public rail system in two or more counties of the state may adopt rules and regulations relating to the operation and management of its rail system, including regulations relating to fares, fees, and charges for the use of the facilities and services of the system.

(2)  It is unlawful for any person to ride the rail system without payment of the appropriate fare or to cause goods or other items for which a fee is charged to be carried on the rail system without payment of the fee.

(3)(a)  Any person riding the rail system without paying the appropriate fare or causing goods or other items for which a fee is charged to be carried without paying such fee shall be subject to citation by an enforcement officer of the system and, in addition to any other penalty provided by law, is guilty of a noncriminal violation punishable by a fine of $50 per each such violation.

(b)  The citation issued to a person in violation of this section shall state the reason for the citation, the amount of the fine, and the court having jurisdiction of the offense.

(c)  Each enforcement officer issuing a citation for an alleged violation of this section shall deposit the original and one copy of the citation with a court having jurisdiction over the alleged offense within 5 days after issuance to the violator.

(d)  The entity operating the system shall maintain a copy of the citation.

(e)  Upon the deposit of the original and one copy of such citation with a court having jurisdiction over the alleged offense, the original or copy of such citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with or payment of a fine to the entity by the person to whom such citation has been issued.

(f)  The entity shall maintain or cause to be maintained a record of the disposition of each citation issued.

(4)(a)  Any person cited for an offense under this section shall sign and accept a citation indicating a promise to appear.

(b)  Any person who does not elect to appear shall pay the fine either by mail or in person within 30 days of the date of receiving the citation. If the person cited follows the procedure provided in this paragraph, he or she shall be deemed to have admitted the infraction and to have waived his or her right to a trial on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceeding.

(c)  Any person electing to appear before the judge shall be deemed to have waived his or her right to pay the penalty. The judge, after a trial, shall make a determination as to whether an infraction has been proven and may impose a civil penalty not to exceed $500. If the judge determines that no infraction has been committed, no cost or penalties shall be imposed, and any cost or penalty which has been paid shall be returned.

(d)  Any person who fails to appear or otherwise properly respond to a citation issued under this section shall also be charged with the offense of failing to respond to such citation and, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A written warning to this effect shall be provided at the time such citation is issued.

(e)  The commission of an offense must be proved beyond a reasonable doubt at any trial.

(5)  For the purpose of enforcing the payment of such fares, fees, and charges for use of the facilities and services of the system, such entity shall have the authority:

(a)  To employ enforcement officers or contract with a private firm or company to verify payment of appropriate fares or fees and to issue citations to persons traveling on the system without paying the appropriate fare or to persons who cause goods or other items for which a fee is charged to be carried without paying such fee. Such enforcement officers who are not licensed security officers shall not carry firearms or other weapons or have arrest authority; armed security officers performing fare inspection services shall not have arrest authority and shall be licensed as required by chapter 493 and all other applicable laws and regulations.

(b)  To maintain records of citations issued and to accept payment of fines and costs.

(6)  All fines and forfeitures received by any court from violations of this section shall be paid monthly, less any administrative costs, to the entity operating the system.

(7)  Venue for prosecution or recovery for violations of rules or regulations adopted pursuant to this section shall be in the county where the entity which owns and operates the public rail system maintains its principal place of business.

History.--s. 1, ch. 88-360; s. 73, ch. 92-152; s. 38, ch. 93-164; s. 506, ch. 95-148; s. 55, ch. 95-257.

341.303  Funding authorization and appropriations; eligibility and participation.--

(1)  APPROPRIATIONS REQUESTS.--

(a)  Rail funds shall be requested on the basis of the funding required for the implementation of the rail component of the work program.

(b)  No state funds shall be allocated or expended for operation deficits of any intercity or commuter rail projects except as specifically allowed for approved rail service development projects.

(2)  PROJECT ELIGIBILITY.--Any project that is necessary to carry out those duties and responsibilities enumerated in s. 341.302, that is consistent with the approved local government comprehensive plan of the unit of government of the areas served by the rail service, and that is contained in the adopted work program is eligible for the expenditure of state funds in accordance with the fund participation rates established in this section.

(3)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

(a)  The department may fund up to 50 percent of the nonfederal and nonprivate share of the costs of any eligible railroad capital improvement project that is local in scope.

(b)  The department is authorized to fund up to 100 percent of the cost of any eligible railroad capital improvement project that is statewide in scope or involves more than one county if no other governmental unit of appropriate jurisdiction exists.

(c)  The department is authorized to fund up to 100 percent of the costs of any railroad capital improvement project involving the acquisition of rights-of-way for future transportation purposes. Departmental fund participation in such project shall be credited as part of the appropriate share of the participation by the department in total project cost for any future project involving such rights-of-way.

(4)  FUND PARTICIPATION; SERVICE DEVELOPMENT.--

(a)  The department is authorized to fund up to 50 percent of the net operating costs of any eligible intercity or commuter rail service development project that is local in scope, not to exceed the local match.

(b)  The department is authorized to fund up to 100 percent of the net operating costs of any eligible intercity or commuter rail service development project that is statewide in scope or involves more than one county if no other governmental unit of appropriate jurisdiction exists. For commuter rail service, after the 5th year of operation, the department's participation is limited to a maximum of 50 percent of the net operating costs of the service.

(c)  Each such local or statewide service development project shall be identified in the appropriation request of the department in a manner that defines project objectives, the assigned operational and financial responsibilities, the timeframe required to develop the service, and the criteria by which the success of the project can be judged.

(d)  Any service development project funded under this section shall continue to be eligible for such funds only if the project reaches a systemwide operating ratio of 25 percent or more during the 5th year.

(e)  The term "net operating costs" means all operating costs of the project less any federal funds, fares, or other sources of income to the project.

History.--s. 3, ch. 84-333; s. 21, ch. 85-81; s. 23, ch. 88-168; s. 19, ch. 89-301; s. 2, ch. 89-351; s. 74, ch. 92-152; s. 37, ch. 93-164.

341.3201  Florida High-Speed Rail Transportation Act; short title.--Sections 341.3201-341.386 may be cited as the "Florida High-Speed Rail Transportation Act."

History.--s. 12, ch. 92-152.

341.321  Development of high-speed rail transportation system; legislative findings, policy, purpose, and intent.--

(1)  The intent of ss. 341.3201-341.386 is to further and advance the goals and purposes of the 1984 High Speed Rail Transportation Commission Act; to ensure a harmonious relationship between that act and the various growth management laws enacted by the Legislature, including the Local Government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161-163.3215, the Florida State Comprehensive Planning Act of 1972, as amended, ss. 186.001-186.031, the Florida Regional Planning Council Act, ss. 186.501-186.513, and the State Comprehensive Plan, chapter 187; to promote the implementation of these acts in an effective manner; and to encourage and enhance the establishment of a high-speed rail transportation system connecting the major urban areas of the state as expeditiously as is economically feasible. Furthermore, it is the intent of the Legislature that any high-speed rail line and transit station be consistent to the maximum extent feasible with local comprehensive plans, and that any other development associated with the rail line and transit station shall ultimately be consistent with comprehensive plans. The Legislature therefore reaffirms these enactments and further finds:

(a)  That the implementation of a high-speed rail transportation system in the state will result in overall social and environmental benefits, improvements in ambient air quality, better protection of water quality, greater preservation of wildlife habitat, less use of open space, and enhanced conservation of natural resources and energy.

(b)  That a high-speed rail transportation system, when used in conjunction with sound land use planning, becomes a vigorous force in achieving growth management goals and in encouraging the use of public transportation to augment and implement land use and growth management goals and objectives.

(c)  That urban and social benefits include revitalization of blighted or economically depressed areas, the redirection of growth in a carefully and comprehensively planned manner, and the creation of numerous employment opportunities within inner-city areas.

(d)  That transportation benefits include improved travel times and more reliable travel, hence increased productivity. High-speed rail is far safer than other modes of transportation and, therefore, travel-related deaths and injuries can be reduced, and millions of dollars can be saved from avoided accidents.

(2)  It is the finding of the Legislature that:

(a)  Access to timely and efficient modes of passenger transportation is necessary for Florida's travelers, visitors, and day-to-day commuters; to the quality of life in the state; and to the economy of the state.

(b)  Technological advances in the transportation system can significantly and positively affect the ability of the state to attract and provide efficient services for domestic and international tourists and thus significantly affect the revenues of the state.

(c)  The development and utilization of a properly designed, constructed, and financed high-speed rail transportation system can act as a catalyst for economic growth and development; eliminate unduly long and traffic-congested commutes for day-to-day commuters; create new employment opportunities; create a safer transportation alternative; serve as a positive growth management system for building a better and more environmentally secure state; and promote the health, safety, and welfare of the citizens of the state.

(d)  Sections 341.3201-341.386 are a declaration of legislative intent that the state pursue the development of a high-speed rail transportation system to solve transportation problems and eliminate their negative effect on the citizens of this state.

(e)  Joint development is a necessary planning, financing, management, operation, and construction mechanism to ensure the continued future development of an efficient and economically viable high-speed rail transportation system in this state, without which mechanism the development of such a system may be rendered economically unfeasible.

(f)  The geography of the state is suitable for the construction and efficient operation of a high-speed rail transportation system.

(g)  The public use of the high-speed rail transportation system must be encouraged and assured to achieve the public purpose and objectives set forth in ss. 341.3201-341.386. In order to encourage the public use of the high-speed rail transportation system and to protect the public investment in the system, it is necessary to provide an environment surrounding a high-speed rail transit station which will enhance the safe movement of pedestrians and traffic into and out of the area, assure the personal and property safety of high-speed rail transportation system users while the users are in the area of the station, and eliminate all conditions in the vicinity which constitute economic and social liabilities to the use of the high-speed rail transportation system.

(h)  Areas surrounding certain transit stations may, as a result of slums, blighted conditions, crime, and traffic congestion, pose a serious threat to the use of the high-speed rail transportation system, reduce revenues from users, discourage pedestrian and traffic ingress and egress, retard sound growth and development, impair the public investment, and consume an excessive amount of public revenues in the employment of police and for other forms of public protection to adequately safeguard the users and the high-speed rail transportation system. Such areas may require acquisition, clearance, disposition, or joint private and public development, as provided in ss. 341.3201-341.386, to provide parking lots, stores, retail establishments, restaurants, hotels, office facilities, or other commercial, civic, residential, or support facilities appurtenant or ancillary to the high-speed rail transportation system and transit stations and to otherwise provide for an environment which will encourage the use of, and safeguard, the facility.

(i)  The powers conferred by ss. 341.3201-341.386 are for public uses and purposes for which public funds may be expended and the power of eminent domain may be exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

(3)  Based upon the legislative findings, it is appropriate for the state to enact legislation that authorizes the development of a high-speed rail transportation system in this state utilizing existing publicly owned lands and rights-of-way whenever possible.

(4)  It is the purpose of the Legislature to authorize the Department of Transportation to implement the innovative mechanisms required to effect the joint (public-and-private) venture approach to planning, locating, permitting, managing, financing, constructing, operating, and maintaining an interregional high-speed rail transportation system for the state, including providing incentives for revenue generation, operation, and management by the private sector.

(5)  The legislative intent of ss. 341.3201-341.386 is to establish a centralized and coordinated permitting and planning process for the location of a high-speed rail transportation system and such system's construction, operation, and maintenance in order to enhance and complete the transportation system of this state for travelers, visitors, and day-to-day commuters. This necessarily involves the addressing of several broad interests of the public through the subject matter jurisdictions of several agencies. The Legislature recognizes that the location, construction, operation, and maintenance of a high-speed rail transportation system will have an effect upon the welfare of the population and that a centralized and coordinated permitting and planning process will help to ensure that such system results in minimal adverse effects on the environment and public health, safety, and welfare.

(6)  It is the intent of the Legislature that the first request for proposals be prepared so as not to preclude any of the technologies contained in the conceptual proposals presented to the Governor's High-Speed Rail Committee.

(7)  Upon the legislative findings, the Legislature preempts, by ss. 341.3201-341.386, any question, issue, or determination that the high-speed rail transportation system is needed.

(8)  It is further the intent and purpose of the Legislature in enacting this act to:

(a)  Complement the establishment of the statewide rail transportation system envisioned by s. 341.302 by including as an integral component a high-speed rail transportation system that is competitive with air and automobile travel;

(b)  Facilitate the accomplishment of the State Comprehensive Plan Policy, s. 187.201(20)(b)1., of establishing a high-speed rail system that links the Tampa Bay area, Orlando, and Miami;

(c)  Encourage the creation of a public/private partnership including the state and a private entity franchisee together investing time and resources to develop a high-speed rail transportation system for Florida; and

(d)  Improve overall transportation in Florida by providing for the establishment of a statewide high-speed rail transportation system that may be accomplished on an incremental basis commensurate with available resources and using, if necessary, existing rail or other transportation facilities on an interim basis.

History.--s. 2, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 13, ch. 92-152; s. 137, ch. 99-13; s. 107, ch. 99-385.

341.322  Definitions used in ss. 341.3201-341.386.--As used in ss. 341.3201-341.386, the term:

(1)  "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, political subdivision, or other unit of government within the state, including a county, municipality, or other regional or local governmental entity.

(2)  "Amendment" means a material change in the information provided in the application for certification, which change is made after the initial application is filed and before final action on the application has occurred.

(3)  "Applicant" means any person who responds to a request for proposals and applies for a franchise pursuant to the provisions of ss. 341.3201-341.386.

(4)  "Application for certification" means the documents which are required by the department to be filed by the franchisee to initiate the proceedings required for the granting of certification.

(5)  "Application for franchise" means the documents which are required by the department to be filed in response to the request for proposals and which initiate the proceedings required for the award of a franchise.

(6)  "Associated development" means property, equipment, or buildings which are built, installed, or established to provide financing, funding, or revenues for the planning, constructing, managing, and operating of a high-speed rail transportation system and which are directly associated with transit stations. The term includes property, including air rights, necessary for joint development, such as parking lots, stores, retail establishments, restaurants, hotels, offices, or other commercial, civic, residential, or support facilities and may also include property necessary to protect or preserve the station area by reducing urban blight or traffic congestion or property necessary to accomplish any of the above purposes which are reasonably anticipated or necessary.

(7)  "Board" means the Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission.

(8)  "Bond" means any instrument of indebtedness, whether secured or unsecured, or any revenue bond, note, or other obligation issued on behalf of the department under ss. 341.3201-341.386 by the division.

(9)  "Certification" means the order issued by the board which approves a high-speed rail transportation system, or a portion thereof, proposed by the franchisee and constitutes the authorization for, and approval of, the location, construction, operation, and maintenance of the system, or portion thereof, designated in the order, with any modifications the board considers appropriate. Upon the issuance of the certification, all terms and conditions of the franchise become terms and conditions of the certification.

(10)  "Completeness," with respect to an application for certification, means that the application has addressed all applicable sections of the prescribed application for certification and that those sections are sufficient in the comprehensiveness of data and in the quality of information provided.

(11)  "Corridor" means the proposed area within which a high-speed rail line or guideway is to be located. The corridor must run between the transit stations. The width of the corridor proposed shall not exceed a width of ¹/₂ mile. After all property interests required for the high-speed rail line or guideway have been acquired by the applicant, the boundaries of the area certified shall narrow to bound only that land within the boundaries of the high-speed rail line or guideway.

(12)  "Department" means the Department of Transportation.

(13)  "Division" means the Division of Bond Finance of the State Board of Administration.

(14)  "Franchise" means the document and all concomitant rights approved by the department that provides the holder with the exclusive right to establish a high-speed rail transportation system and, subject to a grant of certification, the right to construct and operate a high-speed rail transportation system. The award of the franchise is the final order of the department, but does not authorize the construction or operation of the system, or any part thereof, until the issuance of certification by the board.

(15)  "Franchisee" means the individual, corporation, or other entity that has been awarded a franchise.

(16)  "High-speed rail transportation system" means any high-speed fixed-guideway transportation system for transporting people or goods, which system is capable of operating at speeds in excess of 120 miles per hour, including a monorail system, dual track rail system, suspended rail system, magnetic levitation system, or pneumatic repulsion system. The term includes a corridor and structures essential to the operation of the line, including the land, structures, improvements, rolling stock, rights-of-way, easements, rail lines, rail beds, guideway structures, stations, platforms, switches, yards, terminals, parking lots, power relays, switching houses, transit station, associated development, and any other facilities or equipment used or useful for the purposes of high-speed rail transportation construction, operation, or maintenance or the financing of high-speed rail transportation.

(17)  "High-speed rail transportation system right-of-way" means land necessary for the construction, operation, and maintenance of the high-speed rail transportation system. The typical width of the right-of-way must be identified in the application for certification. The right-of-way must be located within the corridor and must be identified by the applicant subsequent to the award of the franchise and the granting of certification in documents filed with the department prior to construction.

(18)  "Joint development" means the planning, managing, financing, or constructing of projects adjacent to, or physically related, functionally related, or otherwise related to, a high-speed rail transportation system in order to effect the policy and purposes of ss. 341.3201-341.386 pursuant to agreements between any person, firm, corporation, association, organization, agency, or other entity, public or private.

(19)  "License" has the meaning that appears in s. 120.52.

(20)  "Local government" means a municipality or county in which any part of the high-speed rail transportation system including any associated development is proposed to be located.

(21)  "Metropolitan Planning Organization" or "M.P.O." means a metropolitan planning organization established pursuant to s. 339.175 in the jurisdiction of which any part of the high-speed rail transportation system is proposed to be located.

(22)  "Modification of certification" means a change in the certification, or terms and conditions thereof, after the certification has been issued.

(23)  "Modification of franchise" means any material change in the franchise after issuance, including a change in the terms and conditions of the franchise where such change will not alter the terms and conditions of the certification.

(24)  "Modification request" means a request to modify the franchise or certification submitted pursuant to s. 341.368.

(25)  "Rail line or guideway" means the land, fixed structures, and improvements on the land, power distribution systems, substations, communication and signaling systems, rights-of-way, easements, roadbeds, guideway structures, bridges, switches, platforms, yards, fixed maintenance equipment and facilities, and other fixed facilities or equipment used for constructing, operating, maintaining, or financing of the high-speed rail transportation system, excluding associated development.

(26)  "Strategic regional policy plan" means a strategic policy plan adopted by a regional planning council under chapter 186.

(27)  "Regional planning council" means a regional planning council as defined in chapter 186, in the jurisdiction of which council any part of the high-speed rail transportation system is proposed to be located.

(28)  "Service area" means a geographical area not smaller than a county which is identified by the department in a request for proposals as an area that is to be served by a high-speed rail transportation system through the establishment of a transit station.

(29)  "Terminus" means the transit station serving the service area at the end of the high-speed rail transportation system.

(30)  "Transit station" or "station" means any structure or transportation facility that is primarily used, as part of a high-speed rail transportation system, for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another.

(31)  "Water management district" means a water management district created pursuant to chapter 373 in the jurisdiction of which district any part of the high-speed rail transportation system is proposed to be located.

History.--s. 3, ch. 84-207; s. 2, ch. 85-65; s. 22, ch. 85-81; s. 14, ch. 87-100; s. 5, ch. 91-429; s. 14, ch. 92-152; s. 285, ch. 92-279; s. 55, ch. 92-326; s. 43, ch. 95-143; s. 4, ch. 95-149.

341.325  Special powers and duties of the department.--The department is empowered to perform any or all of the following special powers and duties:

(1)  To engage in the planning for a high-speed rail transportation system.

(2)  To prepare and issue requests for proposals for the provision of a high-speed rail transportation system, specifically addressing qualifications of applicants and information essential to aid the department in assessing specific capabilities, facilities, procedures, and mechanisms proposed by applicants for the location, innovative financing, construction, management, or operation of a high-speed rail transportation system and the award of a franchise in accordance with ss. 341.3201-341.386.

(3)  To review the proposals from the applicants, receive and review the reports of all applicable agencies on all matters addressed by ss. 341.3201-341.386, and issue a franchise to an applicant in accordance with ss. 341.3201-341.386.

(4)  To assess a reasonable application fee for each application for a franchise.

(5)  To receive notice of the abandonment of a high-speed rail transportation system or any portion thereof.

(6)  To execute intergovernmental agreements, including, but not limited to, special benefits or tax increment financing initiatives.

(7)  To dispose of any interest in property acquired pursuant to this section for high-speed rail transportation system purposes for fair market value. Any conveyance or disposal of an interest in property shall carry such legally binding terms and conditions as to prevent any damage or liability to the department or the state in the event a franchisee terminates or fails to operate a high-speed rail transportation system under any franchise awarded pursuant to ss. 341.3201-341.386. Notwithstanding the provisions of ss. 341.3201-341.386, any property acquired by eminent domain pursuant to ss. 341.3201-341.386 which is offered for sale because such property is determined to be surplus, or because the franchisee has for any reason abandoned the property, shall be first offered for sale to the owners or heirs of the owners from whom the property was acquired by eminent domain.

(8)  To adopt rules pursuant to chapter 120 to carry out the purposes of ss. 341.3201-341.386 to ensure that the high-speed rail transportation system, including associated development, will not unreasonably interfere with the ability of local governments to develop and implement adequate long-range comprehensive plans for well-planned growth and that local interests are balanced against state interests in establishing the high-speed rail transportation system.

(9)  To enter into agreements for the joint development of properties contiguous to, and necessary or convenient for the operation of, the high-speed rail transportation system.

(10)  To review and approve a proposed conveyance, lease, or other transfer of property or interest from the franchisee to any other party as provided for in the franchise.

(11)  To prepare an annual report of operations.

(12)  To conduct feasibility and planning studies for high-speed rail transportation facilities and services.

(13)  To conduct feasibility studies for the determination of the most promising high-speed rail transportation system corridors within the state.

(14)  To prepare a written analysis, pursuant to s. 341.348, of the agency reports on a certification application with recommendations as to final disposition, and appropriate terms and conditions of certification.

History.--s. 6, ch. 84-207; s. 2, ch. 85-65; s. 87, ch. 90-136; s. 5, ch. 91-429; s. 15, ch. 92-152.

341.327  Preemption; sole and exclusive determination of need for the high-speed rail transportation system.--The Legislature expressly mandates, on the basis of its findings, that a high-speed rail transportation system is needed in order to effect the public purposes of ss. 341.3201-341.386 and that ss. 341.3201-341.386 are the sole and exclusive determination of need for any high-speed rail transportation system established pursuant to ss. 341.3201-341.386, thereby preempting the determination of need and the necessity of assessing or weighing need with the impacts of any high-speed rail transportation system. However, a high-speed rail transportation system may not be authorized, financed, constructed, or operated other than pursuant to the franchise and certification requirements of ss. 341.3201-341.386.

History.--s. 7, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 16, ch. 92-152.

341.329  Bonds; project financing.--

(1)  The issuance of bonds, in accordance with applicable federal and state laws and regulations, is authorized to provide sufficient funds in order to finance a high-speed rail transportation system and achieve the purposes of ss. 341.3201-341.386; to pay interest on the bonds; to pay expenses incident to the issuance and sale of any bond issued pursuant to ss. 341.3201-341.386, including costs of validating, printing, and delivering the bonds and costs of printing the preliminary and final official statement, publishing notices of sale of the bonds, and related administrative expenses; to refinance or refund any bonds; and to pay all other capital expenditures of the department incident to, and necessary or convenient to carry out, the purposes and powers granted by ss. 341.3201-341.386. Except as provided in paragraph (6)(b), the bonds shall be payable solely from the revenues of the high-speed rail transportation system.

(2)  The department is authorized to take appropriate action to provide that the interest on any bonds issued on behalf of the department and in the name of the department for the purposes of providing for the financing and construction of a high-speed rail transportation system be exempt from federal income tax. Any exemption granted by this subsection does not apply to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.

(3)  The department may determine the high-speed rail transportation facilities to be financed under this section and may assess reasonable application fees or other fees to reimburse administrative costs incurred in processing applications for financing.

(4)  A high-speed rail transportation facility is not eligible for financing under this section unless the department determines that a proposed facility will serve the public purposes described herein and that an applicant for financing has demonstrated compliance with the conditions of this section.

(5)  Prior to the issuance of any bonds or financing under the terms of ss. 341.3201-341.386, the department shall make a comparison of the feasibility study of the franchisee and the database study performed by a consulting firm as financed by the Federal Railroad Administration. Such comparison shall be considered in the determination of the issuance of bonds or financing under ss. 341.3201-341.386 for purposes of data comparisons, ridership estimates, and the viability of revenue availability for the retirement of bonds or other financing.

(6)  A resolution authorizing any bonds issued on behalf of the department may contain, without limitation, provisions (which provisions shall be a part of the contracts with the bondholders) as to:

(a)  Pledging all or any part of the revenues of the high-speed rail transportation system to secure the payment of bonds or any issue of the bonds, subject to such agreements with the bondholders as may then exist.

(b)  Pledging all or any part of the revenues of the department to secure the payment of the bonds or of any issue of bonds, subject to such agreements with the bondholders as may then exist. The department may pledge revenues from taxes and fees only if such taxes and fees are specifically authorized for the purpose of facilitating a high-speed rail transportation system.

(c)  The procedure, if any, by which the terms of any contracts with the bondholders may be amended or abrogated; the amount of bonds the holders of which must consent thereto; and the manner in which such consent must be given.

(d)  Vesting in trustees such property, rights, powers, and duties in trusts as the division may solely determine and limiting the rights, powers, and duties of such trustees.

(e)  Defining the acts or omissions to act which constitute a default with respect to the bonds; and defining the obligations and duties of the department to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including, as a matter of right, the appointment of a receiver; however, such rights and remedies may not be inconsistent with the general laws of the state and other provisions of ss. 341.3201-341.386.

(f)  Any other matters, of like or different character, which in any way affect the security or protection of the bondholders.

(7)  In no event shall the full faith and credit or the taxing power of the state or any political subdivision of the state be pledged to pay the principal of the bonds, interest on the bonds, and redemption premium, if any, on the bonds or to otherwise secure the bonds.

(8)  All bonds issued on behalf of the department shall state on the face thereof the sources of revenue from which such bonds are payable, both as to the principal and interest and the redemption premium, if any, and that neither the full faith and credit of the department nor the full faith and credit of the state or any political subdivision of the state is pledged to the payment of the principal of the bonds, the interest on the bonds, and the redemption premium, if any, on the bonds.

(9)  All bonds issued on behalf of the department are declared to have all the qualities and incidents of negotiable instruments under the applicable laws of the Uniform Commercial Code and any other applicable laws of the state.

(10)  Any pledge of earnings, revenues, or other moneys made by the department is valid and binding from the time when the pledge is made. The earnings, revenues, or other moneys so pledged and thereafter received by the department are immediately subject to the lien of that pledge without any physical delivery of the pledge or further act. The lien of the pledge is valid and binding against the department irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created needs to be recorded or filed pursuant to the Uniform Commercial Code.

(11)  All such bonds shall be issued on behalf of the department, and in the name of the department, by the division as provided by the State Bond Act.

(12)  The provisions of the State Bond Act, including, without limitation, the definitions contained in that act, are applicable to all bonds issued pursuant to ss. 341.3201-341.386, when the provisions of the State Bond Act are not in conflict with the provisions of ss. 341.3201-341.386; provided that the basis of the award of sale of such bonds may be either the lowest net interest cost or the lowest true or effective interest cost, as set forth in the resolution authorizing the sale of such bonds. In cases of conflict, the provisions of ss. 341.3201-341.386 are controlling.

(13)(a)  An underwriter, commercial bank, investment banker, or financial consultant or adviser may not pay a finder a bonus, fee, or gratuity in connection with the sale of bonds issued by the department, unless full disclosure is made to the department prior to, or concurrently with, the submission of a purchase proposal for bonds by the underwriter, commercial bank, investment banker, or financial consultant or adviser and subsequently in the official statement or offering circular, if any, detailing the name and address of any finder and the amount of bonus, fee, or gratuity paid to such finder.

(b)  The willful violation of this subsection is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  A violation of this subsection does not affect the validity of the bond issue.

(d)  As used in this section, the term "finder" means a person who is neither regularly employed by, nor a partner or officer of, an underwriter, bank, banker, or financial consultant or adviser and who enters into an understanding with either the issuer or the managing underwriter, or both, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or impliedly, to act solely as an intermediary between such issuer and managing underwriter for the purpose of influencing any transaction in the purchase of such bonds.

(14)  There shall be established, from the proceeds of each issue of bonds, a debt service reserve account in an amount at least equal to the greatest amount of principal and interest to become due on such issue in any ensuing state fiscal year; except that a reserve of a lesser amount may be established if the division determines that such reserve, if any, will adequately protect the interests of bondholders.

(15)(a)  To the extent provided in the bond agreement, the title to all high-speed rail transportation facilities financed by the issuance of the bonds shall be held in the name of the state, and the title to other high-speed rail transportation facilities may be held in the name of the state or encumbered as may be determined by the division in its discretion as necessary to provide for the security of the issuance of the bonds. If the title to any high-speed rail transportation facility financed by the issuance of the bonds is not held by the state, then the title shall be pledged as security for the bonds by the owner of such title.

(b)  The department may lease such facilities to a franchisee or enter into such agreements as are authorized by ss. 341.3201-341.386.

1.  Any such lease agreement may provide for the transfer of title to such facilities only when such bonds have been retired and the holders of all outstanding bonds issued to finance such facilities have received all principal, interest payments, and redemption premiums to which the holders are legally entitled.

2.  Any lease or other contractual arrangement between the department and a franchisee qualified under ss. 341.3201-341.386, together with such other fees, rents, or charges imposed pursuant to ss. 341.3201-341.386, shall provide sufficient revenues to the department to satisfy all outstanding obligations as the obligations come due.

(16)(a)  The division is authorized to engage the services of investment banking, financial, advisory, legal, or other consultants to plan, review, or structure any financing, bonding, or other financial requirements of a high-speed rail transportation system.

(b)  If the division is requested to issue bonds to finance all or part of a high-speed rail transportation system, the director of the division may contract for the services of commercial or investment banking interests, financial advisory consultants, and bond counsel to plan, review, structure, or advise as to any financing or bonding requirements associated with the high-speed rail transportation system.

(17)  Neither the employees of the department nor any person executing the bonds of the department is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds.

History.--ss. 9, 10, ch. 84-207; s. 2, ch. 85-65; s. 52, ch. 89-356; s. 5, ch. 91-429; s. 17, ch. 92-152.

341.331  Service designation; termini.--The department shall designate in the request for proposals the areas of the state that the high-speed rail transportation system will serve. The transit stations serving the ending service areas of the system shall be designated as the termini. A proposal received from an applicant may propose any route or station locations that meet the provisions of the request for proposals pursuant to s. 341.3334. The franchisee may propose to add, relocate, or delete transit stations in a certification application or may propose the segmental construction or operation of the system. Approval of the certification containing such proposals constitutes approval of the proposals.

History.--s. 8, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 18, ch. 92-152.

341.332  Franchises.--

(1)  The award of a franchise by the department to an applicant is the sole license and authority for the franchisee to establish a high-speed rail transportation system, to enter into postfranchise agreements with the department for the planning, engineering, and designing of each phase of the system, and to apply for certification to construct, operate, and maintain the rail transportation system, or any segment thereof, including transit stations and associated developments.

(2)  The department may award the franchise subject to such terms and conditions, including the posting of a performance bond for the construction and operation of the high-speed rail transportation system, as the department considers appropriate and consistent with the provisions of ss. 341.3201-341.386. The department may not delete, alter, or amend the terms and conditions of the order of the board on the certification. All of the terms and conditions of the order of the board on the certification shall become the terms and conditions of the award of the franchise. The franchisee must comply with all applicable nonprocedural agency rules, regulations, orders, and ordinances unless in the certification the franchisee is expressly exempted, or granted a waiver, from the rules, regulations, orders, and ordinances.

(3)  A franchise shall be awarded for a period of time of no less than 30 years from the date of the award as provided for in the franchise.

(4)  A franchise shall authorize the franchisee to provide service between termini as established by the franchise. However, the award of the franchise shall not be construed to prohibit new or improved service by any railroad company or any rail passenger route existing on January 1, 1993. The franchisee, with the assistance of the department, shall coordinate its facilities and services, as specified in the franchise, with railroad companies or passenger routes and with commuter rail authorities and public transit providers to make effective transportation services available to the public and to provide access to and from the high-speed rail transportation system.

(5)  The franchise may, at the discretion of the department, authorize the franchisee to construct, improve, operate, and maintain transportation facilities, such as railroads other than high-speed rail, on an interim basis as part of an incremental plan to create and establish the high-speed rail transportation system.

(6)  A franchisee shall not convey, lease, or otherwise transfer any high-speed rail transportation system property, any interest in such property, or any improvement constructed upon such property to any other person during the term of the franchise without written approval of the department. The department shall not approve such conveyance, lease, or transfer if, in the opinion of the department, such conveyance, lease, or transfer will adversely affect:

(a)  The overall quality or level of service;

(b)  The overall financial feasibility of the high-speed rail transportation system; or

(c)  The overall continued operation or maintenance of the high-speed rail transportation system.

(7)  The department shall provide terms and conditions in the franchise to ensure that the franchisee will continue operation of the high-speed rail transportation system for the duration of the term of the franchise or, if the franchise is revoked, suspended, or abandoned, that financial and other necessary resources are available to continue operation of the system until another franchisee is selected or until the department determines that operations must cease.

History.--s. 11, ch. 84-207; s. 2, ch. 85-65; s. 15, ch. 87-100; s. 5, ch. 91-429; s. 19, ch. 92-152.

341.3331  Request for proposals.--

(1)  The department shall prepare a request for proposals to obtain the information necessary for the department to select a franchisee and to award a franchise. The citizens' planning and environmental advisory committee created by s. 341.344 shall evaluate the proposed request for proposals about the content and format and make recommendations.

(2)  Before issuing the request for proposals, the department shall hold four or more public meetings for the purpose of receiving comments, criticisms, or suggestions.

History.--s. 20, ch. 92-152.

341.3332  Notice of issuance of request for proposals.--The department shall provide notice in the Florida Administrative Weekly of the issuance of the request for proposals issued pursuant to s. 341.3331. The department shall also provide written notice to the Department of Community Affairs, to the Department of Environmental Protection, and to those persons who have requested in writing to be notified of the issuance of the request for proposals.

History.--s. 21, ch. 92-152; s. 170, ch. 94-356.

341.3333  Application for franchise; confidentiality of application and trade secrets.--

(1)  The application for franchise, which is the response to the request for proposals, must correspond to the request for proposals. The contents of the application must be in the format and contain the information specified in the request for proposals.

(2)  Each applicant, in response to the request for proposals, shall file its application with the department at the location and within the time and date limitations specified in the request for proposals. Applications filed before the deadline shall be kept sealed by the department until the time and date specified for opening. Such sealed applications shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the department provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or until 10 days after application opening, whichever is earlier. Thereafter, the applications are public. However, the applicant may segregate the trade secret portions of the application and request that the department maintain those portions as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Upon award of a franchise, the franchisee may segregate portions of materials required to be submitted by the department and request that the department maintain those portions as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such portions designated by an applicant or by the franchisee shall remain confidential and exempt from the provisions of s. 119.07(1) only if the department finds that the information satisfies the criteria established in s. 119.15(4)(b)3.

(3)  An application that is not accompanied by the appropriate fee may not be accepted for filing.

(4)  Within 7 days after filing an application for franchise with the department, an applicant must file a copy of the application with each agency listed in s. 341.352(2)(a).

(5)  An application for a franchise may not be amended before the award of the franchise.

History.--s. 22, ch. 92-152; s. 1, ch. 95-405; s. 165, ch. 96-406; s. 74, ch. 96-410; s. 108, ch. 99-385.

341.3334  Franchise review process.--

(1)  In assessing an application for franchise, the department shall consider, but is not limited to, the following:

(a)  The qualifications of the applicant in terms of experience and overall ability to implement the proposal, including compliance with state requirements for the participation of women, minorities, and socially and economically disadvantaged individuals;

(b)  The validity, clarity, and viability of the applicant's financing plan, including an analysis of the sources of revenue and the ability of those revenue sources to meet the funding requirements of the high-speed rail transportation system;

(c)  The legislative changes necessary to implement the applicant's proposal, including any legislation providing for the financing of the high-speed rail transportation system, through bonds, foreign loans, or other means;

(d)  The manner in which the applicant will meet the performance criteria specified in the request for proposals including, but not limited to, an examination of the proposed technology, system capacity, trip times, frequency of trains, and locations of transit stations;

(e)  The construction, operation, maintenance, and management plan for the high-speed rail transportation system, including the ability of the proposed system to meet state and federal safety requirements and to guarantee the safe operation of the system;

(f)  The extent to which the high-speed rail transportation system impacts on, connects with, and complements other transportation facilities and services, including airports, commuter rail systems, and other public transit systems, and the type, location, and financing of any transit connections with associated developments or joint developments in which the franchisee has an interest;

(g)  The positive or negative fiscal impacts on local governments and the demand for additional local infrastructure as a result of the high-speed rail transportation system;

(h)  The extent to which a proposed high-speed rail line, guideway, or transit station is consistent with the goals and policies of the state comprehensive plan, affected strategic regional policy plans, and affected local government comprehensive plans; and, if not consistent, how the applicant proposes that the high-speed rail line, guideway, or transit stations and such plans will be made consistent, to the maximum extent feasible, with each other and how any inconsistency with a proposed associated development will be resolved; and

(i)  The impact that the high-speed rail transportation system or associated development will have on the unique environmental or cultural qualities of particular areas of the state and on the natural resources of the state, including measures proposed to mitigate any adverse effects.

(2)  Within 60 days after receipt of an application, each agency that may be affected by an application shall file with the department any comments on the application in relation to the criteria contained in subsection (1) on matters within its jurisdiction.

(3)  Within 90 days after the deadline for the receipt of applications, the department shall hold at least four public meetings on the applications in accordance with s. 341.3336.

(4)  Within 120 days after the deadline for the receipt of applications, the department shall issue a notice of proposed agency action on the applications, in accordance with s. 341.3337.

History.--s. 23, ch. 92-152; s. 5, ch. 95-149; s. 57, ch. 96-323.

341.3335  Interagency coordination of franchise application review.--The department shall establish procedures to ensure coordination and communication among state agencies, regional entities, local governments affected by a proposed high-speed rail transportation system, the public, and the Citizens' Planning and Environmental Advisory Committee created under s. 341.344.

History.--s. 24, ch. 92-152.

341.3336  Public meeting on the franchise application.--

(1)  Before issuing a notice of proposed agency action on the selection of a franchisee, the department shall hold one or more public meetings.

(2)  At least 21 days before the meeting, the department shall publish a notice of the meeting in the Florida Administrative Weekly, briefly describing each application and generally describing the proceedings that are required by ss. 341.3201-341.386.

(3)  The public meeting is for the purpose of receiving comments, information, and evidence on each proposed application and the criteria specified in s. 341.3334(1).

History.--s. 25, ch. 92-152.

341.3337  Determination and award of franchise.--

(1)  The department, after assessing each franchise application and after the public meeting required by s. 341.3336, shall preliminarily determine the best applicant or shall reject all applications. Upon such determination, the department shall disseminate the proposed agency action in regard to each application.

(2)  The department shall provide notice of the proposed agency action to the agencies listed in s. 341.352(2)(a) and to any person who has requested to receive such notice. Such request must be in writing and filed with the department no later than the date of the last public meeting held pursuant to s. 341.3336.

(3)  The notice of proposed agency action is a point of entry for a person whose substantial interest is or may be affected or determined by the department's proposed action to file a petition for an administrative proceeding under chapter 120.

(4)  The provisions of chapter 120 govern the actions of the department, except that s. 120.57(3), relating to protests arising from the contract-bidding process, does not apply to the award of the franchise or the selection of a franchisee.

(5)  After the conclusion of the administrative proceeding or after the expiration of the time period for filing a petition, if no petition has been filed, the department shall award the franchise to the best applicant or shall reject all applications. The award of a franchise is a final order of the department and may contain terms and conditions in accordance with the provisions of ss. 341.3201-341.386.

History.--s. 26, ch. 92-152; s. 75, ch. 96-410.

341.3338  Effect of franchise.--The franchise shall grant to the franchisee the exclusive right to plan and establish a high-speed rail transportation system and, upon the grant of certification, to construct, operate, and maintain the system or a segment thereof within the service area and between the termini specified in the certification. No other permit, license, approval, or precondition, except as provided for in the franchise or certification, is required.

History.--s. 27, ch. 92-152.

341.3339  Postfranchise agreements.--

(1)  The department and the franchisee shall enter into one or more postfranchise agreements to delineate in accordance with the terms and conditions of the franchise such matters as:

(a)  The schedules for planning and engineering phases or segments of the high-speed rail transportation system.

(b)  The schedule for obtaining certification for each segment of the system.

(c)  The duties and responsibilities of the franchisee for planning, engineering, and designing the parts of the system.

(d)  The arrangements for financing the phases of the system.

(e)  The determination of whether a proposed associated development is consistent with the applicable comprehensive plans and, if not, a schedule and method by which the franchisee proposes to make the proposed associated development consistent.

(f)  Any other item the department considers appropriate to include in a postfranchise agreement.

(2)  At the issuance of a certification for the high-speed rail transportation system or a segment thereof, the postfranchise agreements become terms and conditions of the certification.

History.--s. 28, ch. 92-152.

341.334  Department of Transportation; powers and duties.--

(1)  The Department of Transportation may grant, consistent with applicable state and federal laws, easements within state-owned transportation facility rights-of-way to the franchisee of a high-speed rail transportation system. The terms of any such easements must coincide with the term of the franchise.

(2)  The Department of Transportation may exercise the power of eminent domain to obtain title to real property necessary to accomplish the purposes of ss. 341.3201-341.386, including property necessary for the rail or guideway line, transit station, or associated development. The title to such property shall be held in the name of the state and shall be administered by the department under such terms and agreements as provided for in a postfranchise agreement or in the certification.

History.--s. 12, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 29, ch. 92-152.

341.335  Powers and duties of the board.--The board has the following powers and duties:

(1)  To adopt reasonable procedural rules to carry out its duties under ss. 341.3201-341.386 and to give effect to the legislative intent of ss. 341.3201-341.386.

(2)  To delegate authority to the appropriate jurisdictional agency to administer and enforce provisions of the certification.

(3)  To take final action on an application for certification, including final resolution of any conflicts between a proposed high-speed rail transportation system or associated development and the state comprehensive plan, a strategic regional policy plan, or a local government comprehensive plan.

History.--s. 13, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 30, ch. 92-152; s. 6, ch. 95-149.

341.336  Department of Environmental Protection and Department of Community Affairs; other affected agencies; powers and duties.--

(1)  For the purposes of ss. 341.3201-341.386, the Department of Environmental Protection, the Department of Community Affairs, and any other agency that may be affected by a certification application have the following powers and duties:

(a)  To receive and review applications for franchise in regard to the criteria listed in s. 341.3334 as to matters within each department's respective jurisdiction.

(b)  To be a party to an administrative or judicial proceeding involving an application for a franchise, a certification application, a franchise, or a certification.

(c)  To receive the certification applications, to determine the completeness of the applications, to review the applications for compliance with nonprocedural requirements of the agency, to prepare and file a report in accordance with s. 341.348, and to be a party to the certification proceedings.

(d)  To make, or contract for, studies of matters within its jurisdiction in regard to the certification.

(e)  To assist the department in monitoring the effects arising from the location of the high-speed rail transportation system corridor and the construction, operation, and maintenance of the high-speed rail transportation system, in order to assure continued compliance with the terms of the certification.

(2)  The Department of Environmental Protection is responsible for assisting affected agencies in analyzing the environmental impacts of a proposed high-speed rail transportation system and for providing data and other information to those agencies for use in the preparation of the reports required by s. 341.348, shall coordinate with other state agencies having jurisdiction over environmental matters, and shall provide information and technical assistance on environmental issues to the Citizens' Planning and Environmental Advisory Committee at the request of the chair.

(3)  The Department of Community Affairs is responsible for assisting affected agencies in analyzing the land use, growth management, comprehensive-planning aspects of a proposed high-speed rail transportation system, and for providing data and other information to those agencies for use in the preparation of the reports required by s. 341.348, and shall provide information and technical assistance on land use, growth management, and comprehensive-planning issues to the Citizens' Planning and Environmental Advisory Committee at the request of the chair.

History.--s. 14, ch. 84-207; s. 2, ch. 85-65; s. 23, ch. 85-81; s. 5, ch. 91-429; s. 31, ch. 92-152; s. 171, ch. 94-356; s. 973, ch. 95-148.

341.3365  Certification procedures.--

(1)  The department shall adopt a rule for processing a certification application and shall develop an application form that requires the submission of information necessary for the affected agencies to review in determining whether an application is entitled to certification in accordance with the requirements of ss. 341.3201-341.386. The application form may incorporate, by reference, the appropriate application forms adopted by other agencies. The application form must require that any associated development that the franchisee wishes to have included in the certification be identified as provided for by s. 341.365 and must require that sufficient information be provided for the agencies to review and determine whether any proposed associated development is entitled to certification.

(2)  The franchisee shall file the certification application, in the form and manner specified by department rule, with the department and with each affected agency, together with any required fee.

History.--s. 32, ch. 92-152.

341.342  Agreements concerning contents of certification application and supporting documentation.--The Department of Transportation, with the concurrence of the Department of Environmental Protection and the Department of Community Affairs, after public notice, may enter into binding written agreements with the franchisee and other affected agencies as to the scope, quantity, and level of information to be provided in the certification application, as well as the methods to be used in providing such information and the nature of the supporting documents to be included in the certification application.

History.--s. 19, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 36, ch. 92-152; s. 172, ch. 94-356.

341.343  Review of application.--

(1)  The department shall coordinate the review of the certification application with the other affected agencies.

(2)  If an agency determines that its respective part of the certification application is incomplete, that agency shall provide in writing to the applicant a statement of the desired additional information within 30 days after the receipt of the application. The applicant may supply the information requested and, if the applicant intends to supply the information, shall communicate its intention to do so in writing to the agency requesting the information within 5 working days after the receipt of the statement requesting such information; or the applicant shall notify the appropriate agency in writing that the requested information will not be supplied, in which case the application shall be processed as filed. Unless otherwise agreed upon by the agency requesting the information and by the applicant, the information must be provided within 60 days after the request. Within 30 days after receipt of such additional information, the respective agency shall review such additional information and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. If an applicant does not provide the information requested within 120 days after the initial request for the applicant to provide it, or within a time period agreed upon by the applicant and the respective agency, the application is considered withdrawn.

(3)  The certification application is deemed complete when each agency having jurisdiction:

(a)  Finds the application complete; or

(b)  Fails to notify the applicant within 30 days after the receipt of the application or a request for additional information that the application is incomplete.

(4)  Within 10 days after receipt of a certification application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct the certification hearing.

(5)  If an amendment to a certification application is proposed and deemed complete more than 30 days prior to the local government hearings held pursuant to s. 341.347, each agency must conduct a review of the amendment and include its comments in its report under this section and s. 341.348, and the amendment must be reviewed in the local government hearings under s. 341.347.

(6)  If an amendment to a certification application is proposed later than the time period described in subsection (5), the proposed amendment must be reviewed by the Department of Environmental Protection, the Department of Community Affairs, and the Department of Transportation to determine the impact of the amendment on matters within their respective jurisdictions. Within 30 days after the receipt of the proposed amendment, if any of the foregoing agencies determines that the amendment is such that either additional time or information is required in order to adequately review and analyze the proposed amendment or additional local government hearings are appropriate, the agency shall advise the administrative law judge and all parties in writing of the need for the additional time. Upon receipt, the administrative law judge shall delay the date of the certification hearing in order to give all parties ample opportunity to review and analyze the impacts of the proposed amendment or to conduct the necessary local government hearing.

History.--s. 18, ch. 84-207; s. 2, ch. 85-65; s. 24, ch. 85-81; s. 17, ch. 87-100; s. 32, ch. 90-227; s. 5, ch. 91-429; s. 37, ch. 92-152; s. 173, ch. 94-356; s. 76, ch. 96-410.

341.344  Citizens' Planning and Environmental Advisory Committee.--

(1)  The department shall establish the Citizens' Planning and Environmental Advisory Committee to review the requests for proposals and the applications for franchise and to make recommendations to the department. The Governor shall appoint two members as representatives of environmental organizations, two members as representatives of local general-purpose governments, two members as minority representatives with equal employment opportunity and disadvantaged business enterprise experience, and two members as representatives of the business community of the state. The chair of the committee shall be elected by the members of the committee.

(2)  The committee shall hold periodic meetings at the request of the chair. The Department of Transportation shall provide primary support staff to the committee and ensure that committee meetings are electronically recorded. Such recordings shall be preserved pursuant to chapters 119 and 257.

(3)  Within 3 months after receipt of the notification that the certification application is complete, the committee shall provide the department and each affected agency with its written recommendation on the certification. In making its recommendation, the committee shall consider:

(a)  Whether, and the extent to which, the proposed high-speed rail transportation system will have a favorable or unfavorable impact on the environment and natural resources of the state;

(b)  The extent to which the proposed high-speed rail transportation system will enhance or adversely affect existing communities contiguous to or within the corridor of the proposed high-speed rail transportation system;

(c)  Whether, and the extent to which, the proposed high-speed rail transportation system will comply with the provisions of ss. 341.3201-341.386; and

(d)  The extent to which local governments and the economy of the area within which the high-speed rail transportation system is located will be affected.

(4)  The committee, prior to making its recommendations to the department, shall hold public meetings in the vicinity of the proposed corridors so as to provide the public with an opportunity to comment on the applications.

(5)  The report of the committee is admissible as evidence in any certification proceeding or administrative hearing.

History.--s. 20, ch. 84-207; s. 2, ch. 85-65; s. 19, ch. 87-225; s. 33, ch. 90-227; s. 5, ch. 91-429; s. 38, ch. 92-152; s. 507, ch. 95-148.

341.345  Alternate corridors or transit station locations.--

(1)  Within 60 days after the publication of the notice of the certification application, any party may propose alternate high-speed rail transportation system corridor routes or transit station locations for consideration pursuant to the provisions of ss. 341.3201-341.386 by filing a notice of a proposed alternate corridor or transit station location with the department, the administrative law judge, all parties to the proceeding, and any local governments in the jurisdictions of which the alternate corridor or transit station location is proposed. Such filing must include a description of the proposed corridor, a statement of the reasons the proposed alternate should be certified, the most recent United States Geological Survey quadrangle maps on the scale of 1:24,000 that specifically delineate the corridor boundaries of the corridor or facility in question, and all information and data that is required for a certification application.

(2)  If the franchisee accepts a proposed alternative as part of its certification application, the franchisee shall file an amendment to its application adopting that alternative.

History.--s. 25, ch. 84-207; s. 2, ch. 85-65; s. 25, ch. 85-81; s. 5, ch. 91-429; s. 39, ch. 92-152; s. 77, ch. 96-410.

341.346  Appointment of administrative law judge; powers and duties.--

(1)  Within 10 days after receipt of a request by the department to designate an administrative law judge, the director of the Division of Administrative Hearings shall designate an administrative law judge to conduct the hearings required by ss. 341.3201-341.386. Whenever practicable, the division director shall assign an administrative law judge who has prior experience or training in this type of certification proceeding. Upon being advised that an administrative law judge has been designated, the department shall immediately file a copy of the certification application and all supporting documents with the administrative law judge, who shall docket the application.

(2)  The administrative law judge shall have all powers and duties granted to administrative law judges by chapter 120 and by the laws and rules of the department, including the authority to resolve disputes over the completeness of a certification application.

History.--s. 21, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 40, ch. 92-152; s. 78, ch. 96-410.

341.3465  Alteration of time limitations.--Any time limitation specified in ss. 341.3201-341.386 may be altered by stipulation by the department and the applicant, if approved by an administrative law judge, if the administrative law judge has jurisdiction over the proceeding; by the department, if no administrative law judge has jurisdiction; or by the board, if it has jurisdiction; unless objected to by any party within 5 days after notice, or for good cause shown by any party.

History.--s. 41, ch. 92-152; s. 79, ch. 96-410.

341.347  Local government hearings.--

(1)  Within 3 months after a certification application has been determined to be complete, each local government shall conduct at least one combined public meeting and land use and zoning hearing to assure that there is substantial input from the affected community, in order to:

(a)  Receive public input on matters within the jurisdiction of the local government on the proposed high-speed rail transportation system;

(b)  Determine whether the proposed high-speed rail transportation system is consistent with the local government comprehensive plan and any land development regulation enacted pursuant to such plan and prepared pursuant to s. 163.3184;

(c)  Correct any deficiencies or make any changes necessary in the plan or in the land development regulation to assure compliance or to make a clear statement that the high-speed rail transportation system, including any transit station or associated development, is inappropriate in certain land use categories or zoning districts; and

(d)  Formulate its recommendation with respect to the proposed high-speed rail transportation system.

(2)  The local government shall arrange for publication of notice of the local land use and zoning hearing in accordance with the requirements of s. 125.66(4)(b) or s. 166.041(3)(c), whichever is applicable. The cost of such notice shall be paid by the franchisee.

(3)  A transcript or written record of the hearing shall be made to be included as evidence at the certification hearing. The cost of such transcript or written record shall be paid by the franchisee.

(4)  A specific finding of consistency or lack of consistency shall be made and shall be included in the report required of the local government pursuant to s. 341.348.

History.--s. 22, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 42, ch. 92-152; s. 14, ch. 95-310.

341.348  Reports and studies.--

(1)  In order to verify or supplement the information in a certification application, reports of the agencies specified in s. 341.352(2) shall be prepared, submitted to the department and the administrative law judge, and made available for other parties to review or copy. Neither the failure to submit a report nor the inadequacy of the report is a ground to deny or condition certification. Each reviewing agency shall initiate the activities required by this section as soon as each application is received. Each agency shall keep the franchisee informed as to the progress of its studies and any issues raised by the studies.

(2)  The reports shall be submitted to the department no later than 4 months after the applications have been determined to be complete for inclusion in the agency analysis. The failure of any agency to submit a report, or to submit its report within the allowed time, is not a ground for the alteration of any time limitation in ss. 341.3201-341.386. Each report must contain:

(a)  An assessment of the impacts of the proposed high-speed rail transportation system as determined by the studies required by this section.

(b)  An assessment of the expected compliance with the standards of the agency and an identification of any nonprocedural requirements not specifically listed in any application, from which requirements a variance or exemption is needed in order for the board to certify the high-speed rail transportation system.

(c)  The conclusions and recommendations regarding certification, including the reasons for recommendations of denial, if the agency recommends denial of certification.

(d)  The proposed conditions of certification, if the agency is of the opinion that certification should be granted, including an identification of areas in which more data may be needed to be reviewed after certification in order to assure the compliance of the features of the high-speed rail transportation system with agency standards when specific design criteria were not available until after certification.

(3)  Each agency shall prepare a report on the certification application as to the impact of the proposed high-speed rail transportation system as it relates to matters within the jurisdiction of the agency. The Department of Transportation, the Department of Environmental Protection, and the Department of Community Affairs may request that any other agency perform studies and prepare reports as to matters within the jurisdiction of that other agency, which matters may be affected by the proposed high-speed rail transportation system.

(4)  The Department of Transportation shall prepare a written analysis of the agency reports on the certification application, which analysis shall be filed with the designated administrative law judge and all parties no later than 30 days after the due date for receipt of the local government reports prepared pursuant to this section. The analysis must include:

(a)  In regard to the reports and studies required by this section, a list and a summary of the reports and studies and the location where the reports or study results are available for public inspection and copying.

(b)  The comments received from a party which is not an agency.

(c)  The reports and recommendations of the planning and environmental advisory committee.

(d)  The conditions of certification considered appropriate by the department.

(e)  The recommendations of the department relating to the disposition of the certification application.

History.--s. 23, ch. 84-207; s. 2, ch. 85-65; s. 43, ch. 91-221; s. 5, ch. 91-429; s. 43, ch. 92-152; s. 174, ch. 94-356; s. 80, ch. 96-410.

341.351  Publication of notice of certification application and proceedings; contents of notice.--

(1)  Upon the filing of a certification application, the Department of Transportation shall arrange for publication of a notice of the application and of the proceedings required by ss. 341.3201-341.386 and of the deadline for filing notice of intent to be a party. The notice must be published within 30 days after the filing of the application.

(2)  The department shall arrange for publication of a notice of the certification hearing. Such notices shall be published at least 30 days before the date set for the hearing.

(3)  Notices shall be published:

(a)  In a newspaper of general circulation within each county crossed by the high-speed rail transportation system corridor. The required newspaper notices must be one-half of a page in a standard size newspaper or a full page in a tabloid size newspaper. Each notice must include a map generally depicting the proposed high-speed rail transportation system corridors. A newspaper of general circulation within a county is the newspaper that has the largest daily circulation in that county and has its principal office in that county. If the newspaper with the largest daily circulation has its principal office outside the county, the notices must appear in both the newspaper having the largest circulation in that county and in a newspaper authorized to publish legal notices in that county;

(b)  In the Florida Administrative Weekly; and

(c)  To any persons who have requested to be placed on the departmental mailing lists for this purpose.

(4)  The applicant shall pay for the notices, which payment is in addition to the application fee. The departments shall arrange for publication of the notices required by this section.

History.--s. 24, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 44, ch. 92-152.

341.352  Certification hearing.--

(1)  No later than 6 months after the applications have been determined to be complete, the administrative law judge shall conduct a certification hearing, pursuant to ss. 120.569 and 120.57, at a convenient location in the vicinity of the proposed high-speed rail transportation system.

(2)(a)  The parties to the certification proceeding are:

1.  The franchisee.

2.  The Department of Environmental Protection.

3.  The Department of Transportation.

4.  The Department of Community Affairs.

5.  The Fish and Wildlife Conservation Commission.

6.  Each water management district.

7.  Each local government.

8.  Each regional planning council.

9.  Each metropolitan planning organization.

(b)  Any party listed in paragraph (a) may waive its right to participate in the proceeding. If any listed party fails to file, on or before the 30th day prior to the certification hearing, a notice of its intent to be a party, such party is deemed to have waived its right to be a party, unless its participation in the proceeding would not prejudice the rights of any party to the proceeding.

(c)  Notwithstanding the provisions of chapter 120 to the contrary, after the filing with the administrative law judge of a notice of intent to be a party by an agency or corporation or association described in subparagraph 1. or subparagraph 2., or a petition for intervention by a person described in subparagraph 3., no later than 30 days prior to the date set for the certification hearing, any of the following entities also shall be a party to the proceeding:

1.  Any state agency not listed in paragraph (a), as to matters within its jurisdiction.

2.  Any domestic nonprofit corporation or association that is formed, in whole or in part, to promote conservation of natural beauty; to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; to promote economic development; or to promote the orderly development, or maintain the residential integrity, of the area in which the proposed high-speed rail transportation system is to be located.

3.  Any person whose substantial interests are affected and being determined by the proceeding.

(d)  Any agency, the property or works of which agency may be affected by the proceeding, shall be made a party upon the request of the agency or any party to this proceeding.

(3)  When appropriate, any person may be given an opportunity to present oral or written communications to the administrative law judge. If the administrative law judge proposes to consider such communications, all parties shall be given an opportunity to cross-examine with respect to, or to challenge or rebut, such communications.

(4)  At the conclusion of the certification hearing, the administrative law judge shall, after consideration of all the evidence of record, issue a recommended order to the board disposing of the applications. The administrative law judge shall issue the recommended order no later than 60 days after the transcripts of the certification hearing and the public hearings are filed with the Division of Administrative Hearings.

History.--s. 24, ch. 84-207; s. 2, ch. 85-65; s. 26, ch. 85-81; s. 5, ch. 91-429; s. 45, ch. 92-152; s. 175, ch. 94-356; s. 81, ch. 96-410; s. 90, ch. 99-245; s. 109, ch. 99-385.

341.353  Final disposition of certification application.--

(1)  Within 30 days after receipt of the administrative law judge's recommended order, the board shall act upon the certification application by written order, which order shall approve the certification in whole, approve the certification with modifications and conditions that the board considers appropriate, or deny the certification. The order must state the reasons for issuance or denial of certification.

(2)  In determining whether the certification application should be approved in whole, approved with modifications or conditions, or denied, the board shall consider whether, and the extent to which, the location, construction, operation, and maintenance of the high-speed rail transportation system will:

(a)  Comply with nonprocedural requirements of agencies;

(b)  Be consistent with applicable local government comprehensive plans and land development regulations as defined in s. 163.3164;

(c)  Have a favorable or unfavorable impact on the environment and natural resources of the state;

(d)  Efficiently use or unduly burden water, sewer, solid waste disposal, or public transportation facilities or other necessary public facilities; and

(e)  Be consistent with the applicable criteria and related policies adopted by local governments, regional planning councils, and the state.

(3)  The terms and conditions of the certification order become terms and conditions of the franchise.

(4)  If the board incorporates in its final certification order a term or condition that requires the franchisee to modify or revise a postfranchise agreement, the department shall provide the franchisee with a reasonable period of time to enter into a modified agreement.

(5)  If the board incorporates in its final certification order a term or condition that results in the necessity for a local government to amend or modify its local comprehensive plan, the board shall allow the local government a reasonable period of time to amend or modify the plan.

History.--s. 26, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 46, ch. 92-152; s. 82, ch. 96-410.

341.363  Effect of certification; ss. 341.3201-341.386 to take precedence.--

(1)  With respect to the rail line, guideway, and any transit station identified in the certification and subject to the conditions set forth in the franchise and certification, the franchise and the certification constitute the sole license of the state, and of any agency, as to the approval of the location of these facilities and the construction, operation, and maintenance of these facilities. The certification is valid for the term of the franchise, if construction is commenced within 3 years and operation is commenced within 6 years after the date of certification or a later date authorized by the board.

(2)  With respect to the associated developments specified in the certification or in any modification to the certification, the certification is the license and authority for the franchisee to construct and operate the associated developments. The certification must list any additional postcertification permits and licenses necessary for the construction, operation, and maintenance of the associated developments. The certification must also list any exemption from a permitting or licensing requirement. The franchisee shall obtain any permit or license, otherwise required by law, before postcertification approval, unless, in the certification, the permit or license is exempted. Upon application by the franchisee, all agencies shall grant and approve all appropriate permits and licenses necessary for the construction, operation, and maintenance of the associated developments, with terms and conditions consistent with the franchise and certification terms and conditions. The franchisee shall comply with all applicable agency rules, regulations, orders, and ordinances in constructing, operating, and maintaining the associated developments, unless in the certification the franchisee is expressly exempted, or granted a waiver, from the rules, regulations, orders, and ordinances.

(3)  The certification authorizes the franchisee to locate, construct, operate, and maintain the high-speed rail transportation system facilities subject only to the conditions of certification and to all nonprocedural standards or regulations of any agency, unless a variance to such requirements or any requirements and conditions of the certification is granted by the board. The certification may include conditions that constitute variances and exemptions, otherwise allowed by law, from nonprocedural standards or rules of any other agency, which conditions were expressly considered during the proceeding, unless there is a waiver by the agency as provided in this subsection, and which conditions otherwise would be applicable to the location, construction, operation, and maintenance of the high-speed rail transportation system facilities. The conditions of the certification or franchise relative to the actual operation of the train, including, but not limited to, train speed, control, vibration, electrification systems, rail structures, vehicles, safety, noise, or noise barriers, take precedence over any inconsistent nonprocedural standards, rules, or local regulations. Each party shall notify the applicant and other parties at least 60 days prior to the certification hearing of any nonprocedural requirement not specifically listed in the application from which a variance or exception is necessary in order for the board to certify any corridor proposed for certification.

(4)(a)  Pursuant to specific conditions of the certification, a franchisee may be required to file site-specific technical data after the award of the franchise in order to facilitate the monitoring of the franchisee's compliance with the conditions of the franchise and certification and to provide reasonable assurance that substantive agency standards will be met. Accordingly, data requirement provisions which would be required in the absence of a franchise process shall be followed, and an approval or denial statement shall be issued, within the time period provided by agency rules for such permitting or as otherwise provided in the condition of certification or franchise; however, any person whose substantial interests are determined by such a statement shall not have the right to contest the statement or to have an administrative proceeding in order to determine the propriety of such action beyond that already provided by ss. 341.3201-341.386 as part of the franchise or certification proceedings.

(b)  Since the site of the high-speed rail transportation system will have been established by certification, the issue of postcertification approval or denial is limited to the technical merits of providing reasonable assurance of compliance with substantive agency standards or to the onsite location of a facility feature, but not to the location of the site itself. Construction may occur on other components of the facility prior to action on postcertification review conditions so long as no construction occurs which will affect the feature or component at issue. The agency having jurisdiction of the matter at issue shall review construction plans to determine whether such construction will or will not affect the feature or component at issue. Postcertification review may be the basis for the imposition or modification of other conditions or amendments to the conditions.

(c)  With respect to the rail transportation system, the board may delegate the authority to approve or deny construction or operation plans submitted pursuant to a condition of certification which are submitted after the award of certification. Such delegation shall be made to the agency which requested, and has the authority for administration of, that condition of the certification. Disputes over such approvals or denials shall be resolved in accordance with chapter 120. Copies of all approval or denial letters shall be sent to the department for recordkeeping purposes. The department shall coordinate the scheduling of hearings to ensure that a dispute is timely processed in accordance with chapter 120; however, the department is not responsible for arbitration of disputes over any approvals or denials.

(5)  With respect to the high-speed rail transportation system, the certification may exempt the franchisee from any license, permit, certificate, or similar document required by any agency pursuant to, but not limited to, chapter 125, chapter 161, chapter 163, chapter 166, chapter 253, chapter 258, chapter 298, chapter 370, chapter 373, chapter 380, chapter 381, chapter 387, chapter 403, chapter 404, or the Florida Transportation Code. On the award of the certification, any license, easement, or other interest in state lands, except those lands the titles of which lands are vested in the Board of Trustees of the Internal Improvement Trust Fund, shall be issued by the appropriate agency as a ministerial act. The applicant shall be required to seek any necessary interest in state lands the titles to which lands are vested in the Board of Trustees of the Internal Improvement Trust Fund from the board of trustees before, during, or after the franchise or certification proceeding; and the award of the franchise or certification may be made contingent upon the issuance of the appropriate interest in realty. However, in any proceeding before the Board of Trustees of the Internal Improvement Trust Fund in which proceeding the applicant is seeking a necessary interest in state lands, neither the applicant nor any party to the franchise or certification proceeding may directly or indirectly raise or relitigate a matter which was or could have been an issue in the franchise or certification proceeding; but the information presented in the franchise or certification proceeding shall be available for review by the board of trustees and its staff.

(6)  A term or condition of franchise or certification may not be interpreted to preclude the postcertification exercise by any party of whatever procedural rights the party may have under chapter 120, including those rights related to rulemaking proceedings.

(7)  The award by the department of the franchise is a final agency action appealable under s. 120.68. Also, the award by the board of certification is a final agency action appealable under s. 120.68.

History.--s. 32, ch. 84-207; s. 2, ch. 85-65; s. 19, ch. 87-100; s. 5, ch. 91-429; s. 51, ch. 92-152.

341.364  Appeals to board.--If any agency renders a development order, as defined in chapter 380, that is inconsistent with the terms and conditions of the franchise or certification, the franchisee has the right to appeal the development order to the board. Such review is a de novo proceeding.

History.--s. 33, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 52, ch. 92-152.

341.365  Associated development.--

(1)  The franchisee, alone or as part of a joint development, may undertake any associated development included in the certification.

(2)  To be eligible for inclusion in the certification, an associated development must:

(a)  Be proposed by the franchisee;

(b)  Be adjacent to or physically connected to a transit station having pedestrian ingress to and egress from the station;

(c)  Be a source of revenue for the establishment, construction, operation, or maintenance of the rail line or the operation and maintenance of service;

(d)  Be consistent with applicable local government comprehensive plans and local land development regulations; and

(e)  Otherwise be in compliance with the provisions of ss. 341.3201-341.386.

(3)  Where possible, potential inconsistencies between associated developments and local government comprehensive plans should be resolved through nonadversarial dispute resolution prior to final disposition of the certification application by the board.

(4)  Sections 341.3201-341.386 do not prohibit the franchisee or a party to a joint venture with a franchisee from obtaining approval, pursuant to any other law, for any associated development that has been determined to be reasonably related to the high-speed rail transportation system.

History.--s. 53, ch. 92-152; s. 44, ch. 95-143.

341.366  Recording of notice of certified corridor route.--Within 60 days after the award of certification for a high-speed rail transportation system pursuant to ss. 341.3201-341.386, the department shall, in accordance with s. 28.222, file a notice of the certified route with the clerk of the circuit court for each county through which the corridor will pass. The notice must consist of maps or aerial photographs on the scale of 1:24,000 that clearly show the location of the certified route, and the notice must state that the certification of the corridor will result in the acquisition of rights-of-way within the corridor. Each clerk shall record and maintain the filing of the notice in the official record of the county until the certification expires or until the applicant certifies to the clerk that all lands required for the high-speed rail transportation system rights-of-way within the corridor have been acquired within such county, whichever event occurs first. The recording of this notice does not constitute a lien, cloud, or encumbrance on real property.

History.--s. 34, ch. 84-207; s. 2, ch. 85-65; s. 21, ch. 87-225; s. 5, ch. 91-429; s. 54, ch. 92-152.

341.368  Modification of certification or franchise.--

(1)  The franchise and the certification may be modified in any one of the following ways:

(a)  Upon its own motion, the department may initiate proceedings to modify specific conditions in the franchise or certification when the modification is deemed essential for the protection of the public health, safety, or welfare.

(b)  The franchisee may request modification of the franchise or certification at any time.

(2)  If no party to the franchise proceeding objects in writing to the proposed modification of the franchise, if no party to the certification proceeding objects in writing to the proposed modification within 45 days after notice mailed to the last address of record, and if no other person whose substantial interest is affected by the modifications objects in writing within 30 days after the issuance of public notice, the department may modify the terms and conditions of the franchise.

(3)  If the modification affects lands located within the jurisdiction of a local government, notice of the modification shall be provided to the governing body of said local government. Each affected local government is entitled to participate in the modification proceeding regardless of whether the local government participated in the certification proceeding.

(4)  If the department finds that the modification request requires no changes or additions to the terms and conditions in the certification, then within 90 days after publication of notice of the modification request the department shall act upon the modification request by rendering a written order. The order shall modify the terms and conditions of the franchise or certification, provided that:

(a)  No written objection has been filed pursuant to subsection (2);

(b)  The department has considered the criteria enumerated in s. 341.3334; and

(c)  The department, based on the record presented, concludes that the modification request should be granted.

(5)  If the parties to the franchise or certification proceeding are not able to reach a mutual written agreement on any modification of the terms and conditions of the franchise, the applicant may file a petition for modification with the department. The petition must set forth:

(a)  The proposed modification;

(b)  The factual reasons asserted for the modification; and

(c)  The anticipated additional environmental effects of the proposed modification.

(6)  If the proposed modification requires changes or additions to the terms and conditions in the certification, the board must make final disposition of the petition, unless otherwise agreed in writing by all parties. The department is responsible for processing the petition in accordance with chapter 120 and, if necessary, presenting the matter to the board for final disposition.

(7)  The effect of the department's final order modifying the terms and conditions of the franchise shall be that the terms and conditions of the final order are incorporated into and made a part of the terms and conditions of the franchise as if granted by the original award of franchise.

(8)  The terms and conditions of a final order of the board on a proposed modification shall be incorporated into and made a part of the terms and conditions of certification.

History.--s. 27, ch. 84-207; s. 2, ch. 85-65; s. 20, ch. 87-100; s. 5, ch. 91-429; s. 55, ch. 92-152.

341.369  Fees; disposition.--The department shall charge each applicant the following fees:

(1)  An initial nonrefundable franchise application fee of $25,000, to be submitted to the department.

(2)(a)  A certification application fee of $2,000 for each mile of proposed high-speed rail transportation system corridor, to be paid to the department upon the filing of the certification application. A minimum fee of $60,000 is required for each application.

1.  The certification application fee shall be used first to pay those expenses associated with the costs of the preparation and conduct of the hearings, the recording and transcription of the proceedings, and agency travel and per diem.

2.  If any sums remain after the payment of such expenses, the fee shall be applied pro rata to reimburse all reasonable expenses pursuant to ss. 341.3201-341.386 incurred by the agencies that prepared and filed reports pursuant to s. 341.348. Any sums remaining after the payment of all authorized costs shall be refunded to the applicant within 90 days after the issuance or denial of the certification or the withdrawal of the application. The applicant shall be provided with an itemized accounting of the expenditures.

(b)  If a corridor alignment change is proposed by the applicant, an application amendment fee is required. The minimum amount of the fee is $3,000 plus $2,000 for each mile of realignment. An additional fee may not be required if a corridor alignment change is not proposed.

(c)  A certification modification fee, to be submitted to the department upon notification by the applicant that modification pursuant to s. 341.368(2) and (3) is sought, and to be used, disbursed, and accounted for in the same manner as the certification application fee. If a corridor alignment change is not proposed, the certification modification fee is $3,000. If a corridor alignment change is proposed by the applicant, the certification modification fee is $3,000 plus $2,000 for each mile of realignment.

History.--s. 15, ch. 84-207; s. 2, ch. 85-65; s. 22, ch. 87-225; s. 5, ch. 91-429; s. 56, ch. 92-152.

341.371  Revocation or suspension of franchise or certification.--A franchise or certification may be revoked or suspended for:

(1)  Any material false statement in the application or in the supplemental or additional statements of fact or studies required of the applicant, if a true answer would have warranted a refusal by the department to award the franchise in the first instance.

(2)  The failure to comply with the terms or conditions of the franchise or certification.

(3)  The violation of the provisions of ss. 341.3201-341.386 or rules or orders issued under ss. 341.3201-341.386.

History.--s. 35, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 57, ch. 92-152.

341.372  Administrative fine in lieu of revocation or suspension of franchise.--

(1)  If the department finds that one or more grounds exist for the discretionary revocation or suspension of a franchise or certification issued pursuant to ss. 341.3201-341.386, the department may, in lieu of such revocation or suspension, impose a fine upon the franchisee.

(2)  With respect to any willful violation, such fine may not exceed $25,000 per violation per day.

(3)  With respect to any nonwillful violation, such fine may not exceed $2,500 per violation per day. Such fine, for all nonwillful violations, may not exceed an aggregate amount of $10,000 per day.

(4)  This section does not prohibit the department, or other agencies for matters within their respective jurisdictions, from enforcing the terms and conditions of the franchise or certification by civil action in a court of competent jurisdiction, including seeking injunctive relief.

History.--s. 36, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 58, ch. 92-152.

341.375  Participation by women, minorities, and socially and economically disadvantaged individuals encouraged; plan for compliance.--It is the intent of the Legislature and the public policy of this state that women, minorities, and socially and economically disadvantaged business enterprises be encouraged to participate fully in all phases of economic and community development. Accordingly, to achieve such purpose, the franchisee of a high-speed rail transportation system shall, in accordance with applicable state and federal law, involve and utilize women, minorities, and socially and economically disadvantaged business enterprises in all phases of the design, construction, maintenance, and operation of the high-speed rail transportation system developed under the auspices of ss. 341.3201-341.386. Each applicant for a franchise shall provide to the department a plan for compliance with the intent and requirements of this section; and each franchisee shall regularly provide to the department such proof of its continuing compliance as the department requires to ensure that the franchisee remains in compliance with the provisions of this section.

History.--s. 40, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 59, ch. 92-152.

341.381  Applicability.--The provisions of ss. 341.3201-341.386 apply to the high-speed rail transportation system, including transit stations and associated developments.

History.--s. 16, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 60, ch. 92-152.

341.382  Superseded laws and regulations.--If any provision of ss. 341.3201-341.386 is in conflict with any other provision, limitation, or restriction which is now in effect under a law of this state or an ordinance of a local government, political subdivision, or municipality, or a rule or regulation adopted under such law or ordinance, ss. 341.3201-341.386 control.

History.--s. 37, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 61, ch. 92-152.

341.383  Authority of local government to assess fees.--Sections 341.3201-341.386 do not prohibit a local government from assessing reasonable impact fees, special assessments, service charges, or user fees with respect to a rail transportation system, transit station, or associated development.

History.--s. 42, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 62, ch. 92-152.

341.386  Award of franchise and certification admissible in eminent domain proceedings; attorney's fees and costs.--

(1)  The award of a franchise and of a certification pursuant to ss. 341.3201-341.386 are admissible as evidence of public need and necessity in proceedings under chapter 73 or chapter 74.

(2)  A party may not rely on this section or any provision of chapter 73 or chapter 74 to request the award of attorney's fees or costs that incur as a result of participation in the franchise or certification proceeding.

History.--s. 38, ch. 84-207; s. 2, ch. 85-65; s. 5, ch. 91-429; s. 64, ch. 92-152.

341.501  High-technology transportation systems; joint project agreement or assistance.--Notwithstanding any other provision of law, the Department of Transportation may enter into a joint project agreement with, or otherwise assist, private or public entities, or consortia thereof, to facilitate the research, development, and demonstration of high-technology transportation systems, including, but not limited to, systems using magnetic levitation technology. The provisions of the Florida High-Speed Rail Transportation Act, ss. 341.3201-341.386, do not apply to actions taken under this section, and the department may, subject to s. 339.135, provide funds to match any available federal aid for effectuating the research, development, and demonstration of high-technology transportation systems.

History.--s. 64, ch. 93-164; s. 58, ch. 96-323; s. 56, ch. 97-100.

341.821  Florida High-Speed Rail Authority.--

(1)  There is created and established a body politic and corporate, an agency of the state, to be known as the "Florida High-Speed Rail Authority," hereinafter referred to as the "authority."

(2)(a)  The governing board of the authority shall consist of nine voting members appointed as follows:

1.  Three members shall be appointed by the Governor, one of whom must have a background in the area of environmental concerns, one of whom must have a legislative background, and one of whom must have a general business background.

2.  Three members shall be appointed by the President of the Senate, one of whom must have a background in civil engineering, one of whom must have a background in transportation construction, and one of whom must have a general business background.

3.  Three members shall be appointed by the Speaker of the House of Representatives, one of whom must have a legal background, one of whom must have a background in financial matters, and one of whom must have a general business background.

(b)  The appointed members shall not be subject to confirmation by the Senate. The initial term of each member appointed by the Governor shall be for 4 years. The initial term of each member appointed by the President of the Senate shall be for 3 years. The initial term of each member appointed by the Speaker of the House of Representatives shall be for 2 years. Succeeding terms for all members shall be for terms of 4 years. Initial appointments must be made within 30 days after the effective date of this act.

(c)  A vacancy occurring during a term shall be filled by the respective appointing authority in the same manner as the original appointment and only for the balance of the unexpired term. An appointment to fill a vacancy shall be made within 60 days after the occurrence of the vacancy.

(d)  The Secretary of Transportation shall be a nonvoting ex officio member of the board.

(e)  The board shall elect one of its members as chair of the authority. The chair shall hold office at the will of the board. Five members of the board shall constitute a quorum, and the vote of five members shall be necessary for any action taken by the authority. The authority may meet upon the constitution of a quorum. No vacancy in the authority shall impair the right of a quorum of the board to exercise all rights and perform all duties of the authority.

(f)  The members of the board shall not be entitled to compensation but shall be entitled to receive their travel and other necessary expenses as provided in s. 112.061.

(3)  Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a person having a background specified in this section to serve as a member of the authority. However, in each official decision to which this act is applicable, such member's firm or related entity may not have a financial or economic interest nor shall the authority contract with or conduct any business with a member or such member's firm or directly related business entity.

(4)  The authority shall be assigned to the Department of Transportation for administrative purposes. The authority shall be a separate budget entity. The Department of Transportation shall provide administrative support and service to the authority to the extent requested by the chair of the authority. The authority shall not be subject to control, supervision, or direction by the Department of Transportation in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.

History.--s. 1, ch. 2001-153.

341.822  Powers and duties.--

(1)  The authority created and established by this act shall plan, administer, and manage the preliminary engineering and preliminary environmental assessment of the intrastate high-speed rail system in the state, hereinafter referred to as "intrastate high-speed rail."

(2)  The authority may exercise all powers granted to corporations under the Florida Business Corporation Act, chapter 607, except the authority may not incur debt.

(3)  The authority shall have perpetual succession as a body politic and corporate.

(4)  The authority is authorized to seek federal matching funds or any other funds to fulfill the requirements of this act.

(5)  The authority may employ an executive director, permanent or temporary, as it may require and shall determine the qualifications and fix the compensation. The authority may delegate to one or more of its agents or employees such of its power as it deems necessary to carry out the purposes of this act, subject always to the supervision and control of the authority.

History.--s. 2, ch. 2001-153.

341.823  Criteria for assessment and recommendations.--

(1)  The following criteria shall apply in developing the preliminary engineering, preliminary environmental assessment, and recommendations required by this act:

(a)  The system shall be capable of traveling speeds in excess of 120 miles per hour consisting of dedicated rails or guideways separated from motor vehicle traffic;

(b)  The initial segments of the system will be developed and operated between St. Petersburg, Tampa, and Orlando, with future service to Miami;

(c)  The authority is to develop a model that uses, to the maximum extent feasible, nongovernmental sources of funding for the design, construction, and operation of the system;

(2)  The authority shall make recommendations concerning:

(a)  The format and types of information that must be included in a financial or business plan for the high-speed rail system, and the authority may develop that financial or business plan;

(b)  The preferred routes between the cities designated in paragraph (1)(b);

(c)  The preferred locations for the stations in the cities designated in paragraph (1)(b);

(d)  The preferred locomotion technology to be employed from constitutional choices of monorail, fixed guideway, or magnetic levitation;

(e)  Any changes that may be needed in state statutes or federal laws which would make the proposed system eligible for available federal funding; and

(f)  Any other issues the authority deems relevant to the development of a high-speed rail system.

(3)  When preparing the operating plan, the authority shall include:

(a)  The frequency of service between the cities designated in paragraph (1)(b);

(b)  The proposed fare structure for passenger and freight service;

(c)  Proposed trip times, system capacity, passenger accommodations, and amenities;

(d)  Methods to ensure compliance with applicable environmental standards and regulations;

(e)  A marketing plan, including strategies that can be employed to enhance the utilization of the system;

(f)  A detailed planning-level ridership study;

(g)  Consideration of nonfare revenues that may be derived from:

1.  The sale of development rights at the stations;

2.  License, franchise, and lease fees;

3.  Sale of advertising space on the trains or in the stations; and

4.  Any other potential sources deemed appropriate.

(h)  An estimate of the total cost of the entire system, including, but not limited to, the costs to:

1.  Design and build the stations and monorail, fixed guideway, or magnetic levitation system;

2.  Acquire any necessary rights-of-way;

3.  Purchase or lease rolling stock and other equipment necessary to build, operate, and maintain the system.

(i)  An estimate of the annual operating and maintenance costs for the system and all other associated expenses.

(j)  An estimate of the value of assets the state or its political subdivisions may provide as in-kind contributions for the system, including rights-of-way, engineering studies performed for previous high-speed rail initiatives, land for rail stations and necessary maintenance facilities, and any expenses that may be incurred by the state or its political subdivisions to accommodate the installation of the system.

(k)  An estimate of the funding required per year from state funds for the next 30 years for operating the preferred routes between the cities designated in paragraph (1)(b).

Whenever applicable and appropriate, the authority will base estimates of projected costs, expenses, and revenues on documented expenditures or experience derived from similar projects.

History.--s. 3, ch. 2001-153.

341.824  Technical, scientific, or other assistance.--The Florida Transportation Commission, the Department of Community Affairs, and the Department of Environmental Protection shall, at the authority's request, provide technical, scientific, or other assistance.

History.--s. 6, ch. 2001-153.