Senate Bill sb1134
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Florida Senate - 2001 SB 1134
By Senators Laurent, Pruitt, Rossin, Sullivan, Dawson,
Holzendorf and Miller
17-509A-01 See HB
1 A bill to be entitled
2 An act relating to high-speed rail
3 transportation; creating the "Florida
4 High-Speed Rail Authority Act"; creating s.
5 341.82, F.S.; providing a short title; creating
6 s. 341.821, F.S.; providing legislative
7 findings, policy, purpose, and intent with
8 respect to the development, financing,
9 construction, and operation of an intrastate
10 high-speed rail transportation system in the
11 state; creating s. 341.822, F.S.; providing
12 definitions; creating s. 341.823, F.S.;
13 creating the Florida High-Speed Rail Authority;
14 providing membership, terms, organization, and
15 compensation of the authority; providing duties
16 of the authority; creating s. 341.824, F.S.,
17 relating to specified conflicts of interest
18 with respect to authority members; creating s.
19 341.825, F.S.; assigning the authority to the
20 Department of Transportation for administrative
21 purposes; creating s. 341.826, F.S.; providing
22 powers and duties of the authority; creating s.
23 341.827, F.S.; providing for payment of
24 expenses incurred under the act; creating s.
25 341.828, F.S.; requiring the authority to
26 designate local areas of the state to be served
27 by the intrastate high-speed rail
28 transportation system; providing for sequence
29 of system construction; creating s. 341.829,
30 F.S.; creating the high-speed rail alignment
31 advisory committees; providing purpose of the
1
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 advisory committees; providing membership and
2 organization of the advisory committees;
3 creating s. 341.830, F.S.; authorizing the
4 authority to fix, revise, charge, and collect
5 rates, rents, fees, charges, and revenues, and
6 to enter into contracts, to finance intrastate
7 high-speed rail transportation system projects;
8 providing that specified revenues shall be set
9 aside in a sinking fund; creating s. 341.831,
10 F.S.; authorizing the authority to issue
11 revenue bonds for any corporate purpose;
12 creating s. 341.832, F.S.; authorizing the
13 authority to issue refunding bonds; creating s.
14 341.833, F.S.; providing that moneys received
15 by the authority pursuant to the act shall be
16 funds held in trust; creating s. 341.834, F.S.;
17 providing for validity of bonds and validation
18 proceedings; creating s. 341.835, F.S.;
19 providing remedies of bondholders; creating s.
20 341.836, F.S.; providing tax exemptions for
21 property acquired or used by the authority,
22 bonds issued by the authority, or specified
23 income; providing an exception; creating s.
24 341.837, F.S.; providing that bonds issued by
25 the authority are legal investments; creating
26 s. 341.838, F.S.; pledging the agreement of the
27 state not to limit or alter the rights vested
28 in the authority; creating s. 341.839, F.S.;
29 providing that the act is supplemental and
30 additional to powers conferred by other laws;
31 exempting powers of the authority from
2
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 specified supervision, regulation, approval, or
2 consent; creating s. 341.840, F.S.; providing
3 pledge of the state not to restrict certain
4 rights of the authority; creating s. 341.841,
5 F.S.; requiring annual reports by the
6 authority; creating s. 341.842, F.S.; providing
7 construction of the act; creating s. 341.843,
8 F.S.; providing that inconsistent provisions of
9 other laws are superseded; creating s. 341.844,
10 F.S.; providing for powers and duties of the
11 Department of Environmental Regulation with
12 respect to the act; creating s. 341.845, F.S.;
13 providing requirements of the Department of
14 Environmental Protection with respect to
15 certification procedures; creating s. 341.846,
16 F.S.; authorizing specified agreements
17 concerning the contents of certification
18 applications and supporting documentation;
19 creating s. 341.847, F.S.; providing procedures
20 for review of certification applications;
21 creating s. 341.848, F.S.; providing for the
22 appointment of an administrative law judge to
23 conduct hearings on certification applications;
24 creating s. 341.849, F.S.; providing for
25 alteration of time limitations specified by the
26 act; creating s. 341.850, F.S.; providing for
27 preparation and submission of reports verifying
28 or supplementing information contained in
29 certification applications; creating s.
30 341.851, F.S.; providing for publication and
31 contents of notice of certification application
3
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 and proceedings; creating s. 341.852, F.S.;
2 providing for certification hearings; creating
3 s. 341.853, F.S.; providing for final
4 disposition of a certification application;
5 creating s. 341.854, F.S.; providing for effect
6 of certification; providing that certification
7 shall constitute the sole license of the state
8 as to the approval of the location,
9 construction, operation, and maintenance of any
10 rail line, guideway, transit station, or
11 associated development identified in the
12 certification and subject to the conditions
13 specified in the certification; specifying
14 certain certification requirements; requiring
15 certain notice; authorizing the exemption of
16 licensees from specified licenses, permits,
17 certificates, or similar agency documents;
18 requiring applicants to seek necessary
19 interests in specified state lands; creating s.
20 341.855, F.S.; authorizing the authority or an
21 applicant to undertake any associated
22 development included in the certification;
23 providing eligibility requirements for
24 inclusion in a certification; creating s.
25 341.856, F.S.; requiring the Department of
26 Environmental Protection to file notice of a
27 certified corridor route; providing contents of
28 notice; creating s. 341.857, F.S.; authorizing
29 the department to modify the terms and
30 conditions of certification or franchise;
31 providing procedure for modification; providing
4
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 specified notice; amending s. 288.109, F.S.;
2 providing that a specified fee waiver shall not
3 apply to development permit fees assessed under
4 the Florida High-Speed Rail Authority Act;
5 amending s. 334.30, F.S.; removing a cross
6 reference; amending s. 337.251, F.S.; removing
7 a cross reference; amending s. 341.501, F.S.;
8 providing that specified actions do not apply
9 to the Florida High-Speed Rail Authority Act;
10 amending s. 206.46, F.S.; revising the
11 distribution of state revenues deposited in the
12 State Transportation Trust Fund to be committed
13 annually for designated transportation
14 projects; providing appropriations; repealing
15 s. 341.3201, F.S., relating to the short title
16 for ss. 341.3201-341.386, F.S., the "Florida
17 High-Speed Rail Transportation Act"; repealing
18 s. 341.321, F.S., relating to legislative
19 findings, policy, purpose, and intent with
20 respect to the development of a high-speed rail
21 transportation system connecting the major
22 urban areas of the state; repealing s. 341.322,
23 F.S., relating to definitions of terms;
24 repealing s. 341.325, F.S., relating to special
25 powers and duties of the Department of
26 Transportation; repealing s. 341.327, F.S.,
27 which provides that the Florida High-Speed Rail
28 Transportation Act is the sole and exclusive
29 determination of need for any high-speed rail
30 transportation system established under the
31 act, thereby preempting specified
5
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 determinations of need; repealing s. 341.329,
2 F.S., relating to the issuance of bonds to
3 finance a high-speed rail transportation
4 system; repealing s. 341.331, F.S., relating to
5 designation of the areas of the state to be
6 served by the high-speed rail transportation
7 system and designation of termini; repealing s.
8 341.332, F.S., relating to the award of
9 franchises by the Department of Transportation
10 to establish a high-speed rail transportation
11 system; repealing s. 341.3331, F.S., relating
12 to request for proposals; repealing s.
13 341.3332, F.S., relating to notice of issuance
14 of request for proposals; repealing s.
15 341.3333, F.S., relating to requirements with
16 respect to an application for franchise, and
17 confidentiality of the application and portions
18 of the application relating to trade secrets;
19 repealing s. 341.3334, F.S., relating to the
20 departmental review process of application for
21 franchise; repealing s. 341.3335, F.S.,
22 relating to interagency coordination of
23 franchise application review; repealing s.
24 341.3336, F.S., relating to public meetings on
25 franchise applications; repealing s. 341.3337,
26 F.S., relating to determination and award of
27 franchise; repealing s. 341.3338, F.S.,
28 relating to effect of franchise; repealing s.
29 341.3339, F.S., relating to postfranchise
30 agreements; repealing s. 341.334, F.S.,
31 relating to the powers and duties of the
6
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 Department of Transportation with respect to
2 the act; repealing s. 341.335, F.S., relating
3 to the powers and duties of the Florida Land
4 and Water Adjudicatory Commission sitting as
5 the board; repealing s. 341.336, F.S., relating
6 to the powers and duties of the Department of
7 Environmental Protection, the Department of
8 Community Affairs, and other affected agencies;
9 repealing s. 341.3365, F.S., relating to
10 certification procedures; repealing s. 341.342,
11 F.S., relating to agreements concerning
12 contents of certification application and
13 supporting documentation; repealing s. 341.343,
14 F.S., relating to review of certification
15 applications; repealing s. 341.344, F.S.,
16 relating to the establishment, composition,
17 organization, and duties of the Citizens'
18 Planning and Environmental Advisory Committee;
19 repealing s. 341.345, F.S., relating to
20 alternate corridors or transit station
21 locations; repealing s. 341.346, F.S., relating
22 to the powers and duties of an administrative
23 law judge appointed to conduct hearings under
24 the act; repealing s. 341.3465, F.S., relating
25 to alteration of time limitations specified by
26 the act; repealing s. 341.347, F.S., relating
27 to required combined public meetings and land
28 use and zoning hearings to be conducted by
29 local governments; repealing s. 341.348, F.S.,
30 relating to reports and studies required of
31 various agencies by the act; repealing s.
7
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Florida Senate - 2001 SB 1134
17-509A-01 See HB
1 341.351, F.S., relating to publication and
2 contents of notice of certification application
3 and proceedings; repealing s. 341.352, F.S.,
4 relating to certification hearings; repealing
5 s. 341.353, F.S., relating to final disposition
6 of certification applications; repealing s.
7 341.363, F.S., relating to the effect of
8 certification; repealing s. 341.364, F.S.,
9 relating to a franchisee's right to appeal to
10 the Florida Land and Water Adjudicatory
11 Commission under specified circumstances;
12 repealing s. 341.365, F.S., relating to
13 associated development; repealing s. 341.366,
14 F.S., relating to recording of notice of
15 certified corridor route; repealing s. 341.368,
16 F.S., relating to modification of certification
17 or franchise; repealing s. 341.369, F.S.,
18 relating to fees imposed by the department and
19 the disposition of such fees; repealing s.
20 341.371, F.S., relating to revocation or
21 suspension of franchise or certification;
22 repealing s. 341.372, F.S., relating to
23 imposition by the department of specified
24 administrative fines in lieu of revocation or
25 suspension of franchise; repealing s. 341.375,
26 F.S., relating to the required participation by
27 women, minorities, and economically
28 disadvantaged individuals in all phases of the
29 design, construction, maintenance, and
30 operation of a high-speed rail transportation
31 system developed under the act, and required
8
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Florida Senate - 2001 SB 1134
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1 plans for compliance by franchisees; repealing
2 s. 341.381, F.S., relating to applicability of
3 the act; repealing s. 341.382, F.S., relating
4 to laws and regulations superseded by the act;
5 repealing s. 341.383, F.S., relating to the
6 authority of local governments to assess
7 specified fees; repealing s. 341.386, F.S.,
8 relating to the admissibility of the award of a
9 franchise and of a certification under the act
10 in eminent domain proceedings; providing
11 appropriations; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 341.82, Florida Statutes, is
16 created to read:
17 341.82 Short title.--Sections 341.82-341.858 may be
18 cited as the "Florida High-Speed Rail Authority Act."
19 Section 2. Section 341.821, Florida Statutes, is
20 created to read:
21 341.821 Legislative findings, policy, purpose, and
22 intent.--
23 (1) The intent of this act is to implement the purpose
24 of s. 19, Art. X of the State Constitution, which directs the
25 State of Florida to develop, finance, construct, and operate a
26 high-speed monorail, fixed guideway, or magnetic levitation
27 system, capable of speeds in excess of 120 miles per hour,
28 linking Florida's five largest urban areas, as defined in this
29 act, with construction beginning no later than November 1,
30 2003. Further, this act promotes the various growth management
31 laws enacted by the Legislature and encourages and enhances
9
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Florida Senate - 2001 SB 1134
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1 the establishment of an intrastate high-speed rail
2 transportation system connecting the major urban areas of the
3 state. It is the further intent of the Legislature that any
4 high-speed rail line and transit station be deemed consistent
5 with local comprehensive plans, and that any other development
6 associated with the high-speed rail line and transit stations
7 be consistent, to the extent feasible, with comprehensive
8 plans. The Legislature further finds that:
9 (a) The implementation of an intrastate high-speed
10 rail transportation system in the state will result in overall
11 social and environmental benefits, improvements in ambient air
12 quality, better protection of water quality, greater
13 preservation of wildlife habitat, less use of open space, and
14 enhanced conservation of natural resources and energy.
15 (b) An intrastate high-speed rail transportation
16 system, when used in conjunction with sound land use planning,
17 becomes an integral part in achieving growth management goals
18 and encouraging the use of public transportation to augment
19 and implement land use and growth management goals and
20 objectives.
21 (c) Transportation benefits of high-speed rail include
22 improved travel times and more reliable travel, which will
23 increase productivity and energy efficiency in the state.
24 High-speed rail transportation is proven to be safe and
25 therefore travel-related deaths and injuries can be reduced
26 and millions of dollars can be saved from avoided accidents.
27 (2) The Legislature also finds that:
28 (a) Access to timely and efficient modes of passenger
29 transportation is necessary for travelers, visitors, and
30 day-to-day commuters, to the quality of life in the state, and
31 to the economy of the state.
10
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Florida Senate - 2001 SB 1134
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1 (b) Technological advances in the state's
2 transportation system can significantly and positively affect
3 the ability of the state to attract and provide efficient
4 services for domestic and international tourists and therefore
5 increase revenue of the state.
6 (c) Development and utilization of a properly
7 designed, constructed, and financed intrastate high-speed rail
8 transportation system can act as a catalyst for economic
9 growth and development, mitigate unduly long and
10 traffic-congested commutes for day-to-day commuters, create
11 new employment opportunities, create a safer transportation
12 alternative, serve as a positive growth management system for
13 building a better and more environmentally secure state, and
14 serve a paramount public purpose by promoting the health,
15 safety, and welfare of the citizens of the state.
16 (d) The geography of the state is suitable for the
17 construction and efficient operation of an intrastate
18 high-speed rail transportation system.
19 (e) The public use of the intrastate high-speed rail
20 transportation system must be encouraged and assured in order
21 to achieve the public purpose and the objectives set forth in
22 this act. In order to encourage the public use of the
23 intrastate high-speed rail system and to protect the public
24 investment in the system, it is necessary to provide an
25 environment surrounding each intrastate high-speed rail
26 transit station which will enhance the safe movement of
27 pedestrians and traffic into and out of the area, assure the
28 personal safety of intrastate high-speed rail system users and
29 users' personal property while the users are in the area of
30 each station, and eliminate all conditions in the vicinity
31 which constitute economic and social impediments and barriers
11
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Florida Senate - 2001 SB 1134
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1 to the use of the intrastate high-speed rail transportation
2 system.
3 (f) Areas surrounding certain transit stations can, as
4 a result of existing slums, blighted conditions, crime, and
5 traffic congestion, pose a serious threat to the use of the
6 intrastate high-speed rail transportation system, reduce
7 revenue from users, discourage pedestrian and traffic ingress
8 and egress, retard sound growth and development, impair public
9 investment, and consume an excessive amount of public revenues
10 in the employment of police and other forms of public
11 protection to adequately safeguard the intrastate high-speed
12 rail system and its users. Such areas may require
13 redevelopment, acquisition, clearance, or disposition, or
14 development of joint public and private development to provide
15 parking lots, stores, retail establishments, restaurants,
16 hotels, or office facilities appurtenant or ancillary to the
17 intrastate high-speed rail transportation system and transit
18 stations and to otherwise provide for an environment that will
19 encourage the use of, and safeguard, the facility.
20 (g) The powers conferred by this act are for public
21 uses and purposes as established by s. 19, Art. X of the State
22 Constitution for which public funds may be expended and the
23 power of eminent domain may be exercised, and the necessity in
24 the public interest for the provisions herein enacted is
25 hereby declared as a matter of legislative determination to
26 implement the intent of s. 19, Art. X of the State
27 Constitution.
28 (3) The legislative intent of ss. 341.82-341.858 is to
29 establish a centralized and coordinated permitting process for
30 the high-speed rail transportation system and the system's
31 construction, operation, and maintenance in order to enhance
12
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Florida Senate - 2001 SB 1134
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1 and complete the transportation system of this state for
2 travelers, visitors, and day-to-day commuters. This
3 necessarily involves the addressing of several broad interests
4 of the public through the subject matter jurisdictions of
5 several agencies. The Legislature recognizes that the
6 location, construction, operation, and maintenance of a
7 high-speed rail transportation system will have an effect upon
8 the welfare of the population and that a centralized and
9 coordinated permitting process will help to ensure that such
10 system results in minimal adverse effects on the environment
11 and public health, safety, and welfare.
12 (4) Upon the adoption of s. 19, Art. X of the State
13 Constitution and the legislative findings herein, the State of
14 Florida preempts, by ss. 341.82-341.858, any question, issue,
15 or determination that the high-speed rail transportation
16 system is needed or is in the public interest.
17 Section 3. Section 341.822, Florida Statutes, is
18 created to read:
19 341.822 Definitions.--As used in this act, unless the
20 context clearly indicates otherwise, the term:
21 (1) "Associated development" means property,
22 equipment, or buildings which are built, installed, or
23 established to provide financing, funding, or revenues for the
24 planning, constructing, managing, and operating of a
25 high-speed rail transportation system and which are directly
26 associated with transit stations. The term includes property,
27 including air rights, necessary for joint development, such as
28 parking lots, stores, retail establishments, restaurants,
29 hotels, offices, or other commercial, civic, residential, or
30 support facilities, and may also include property necessary to
31 protect or preserve the station area by reducing urban blight
13
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Florida Senate - 2001 SB 1134
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1 or traffic congestion or property necessary to accomplish any
2 of the purposes set forth in this subsection which are
3 reasonably anticipated or necessary.
4 (2) "Authority" means the Florida High-Speed Rail
5 Authority.
6 (3) "Board" means the governing body of the authority.
7 (4) "Bonds" or "revenue bonds" means revenue bonds of
8 the authority issued under the provisions of this act,
9 including revenue refunding bonds, notwithstanding that the
10 same may be secured by any other lawfully pledged security.
11 (5) "Central Florida" means the counties of Lake,
12 Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,
13 Hernando, Pasco, Hillsborough, Pinellas, Alachua, and Polk.
14 (6) "Cost," as applied to a project or any portion
15 thereof financed under the provisions of this act, means all
16 or any part of the cost of construction and acquisition of all
17 lands, structures, real or personal property, rights-of-way,
18 franchises, easements, and interests acquired or used for a
19 project, the cost of demolishing or removing any buildings or
20 structures on land so acquired, including the cost of
21 acquiring any lands to which such buildings or structures may
22 be removed, the cost of all machinery and equipment, financing
23 charges, interest prior to, during, and for a period of 30
24 months after completion of such construction, provisions for
25 working capital, reserves for principal, interest, and rebate,
26 and for extensions, enlargements, additions, and improvements,
27 costs of engineering, financial and legal services, plans,
28 specifications, studies, surveys, estimates of costs and of
29 revenues, administrative expenses, expenses necessary or
30 incident to determining the feasibility or practicability of
31 constructing the project, and such other expenses as may be
14
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Florida Senate - 2001 SB 1134
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1 necessary or incident to the construction and acquisition of
2 the project, the financing of such construction and
3 acquisition, and the placing of the project in operation.
4 (7) "Intrastate high-speed rail transportation system"
5 means any high-speed fixed guideway transportation system for
6 transporting people or goods, which system is capable of
7 operating at speeds in excess of 120 miles per hour, including
8 a monorail system, dual track rail system, suspended rail
9 system, magnetic levitation system, or pneumatic repulsion
10 system. The term includes a corridor and structures essential
11 to the operation of the line, including the land, structures,
12 improvements, rights-of-way, easements, rail lines, rail beds,
13 guideway structures, stations, platforms, switches, yards,
14 parking lots, power relays, switching houses, transit
15 stations, associated development, and any other facilities or
16 equipment used or useful for the purposes of high-speed rail
17 transportation construction, operation, or maintenance or the
18 financing of high-speed rail transportation.
19 (8) "Intrastate high-speed rail transportation system
20 rights-of-way" means land necessary for the construction,
21 operation, and maintenance of the high-speed rail
22 transportation system.
23 (9) "Local government" means a municipality or county
24 in which any part of the high-speed rail transportation
25 system, including any associated development, is proposed to
26 be located.
27 (10) "Northeast Florida" means the counties of Nassau,
28 Duval, Clay, St. Johns, Putnam, Marion, and Flagler.
29 (11) "Northwest Florida" means the counties of
30 Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,
31 Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,
15
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Florida Senate - 2001 SB 1134
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1 Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,
2 Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,
3 and Levy.
4 (12) "Rail line or guideway" means the land, fixed
5 structures, and improvements on the land, power distribution
6 systems, substations, communication and signaling systems,
7 rights-of-way, easements, roadbeds, guideway structures,
8 bridges, switches, platforms, yards, fixed maintenance
9 equipment and facilities, and other fixed facilities or
10 equipment used for constructing, operating, maintaining, or
11 financing the intrastate high-speed rail transportation
12 system, excluding associated development.
13 (13) "Siting board" means the Governor and Cabinet
14 sitting as the siting board for purposes of ss.
15 341.82-341.858.
16 (14) "Southeast Florida" means the counties of
17 Broward, Monroe, Miami-Dade, Indian River, Okeechobee, St.
18 Lucie, Martin, and Palm Beach.
19 (15) "Southwest Florida" means the counties of
20 Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,
21 Glades, Lee, Hendry, and Collier.
22 (16) "Urban areas," for the purpose of this act, means
23 Central Florida, Northeast Florida, Northwest Florida,
24 Southeast Florida, and Southwest Florida.
25 Section 4. Section 341.823, Florida Statutes, is
26 created to read:
27 341.823 Florida High-Speed Rail Authority.--
28 (1) There is created and established a body politic
29 and corporate, an agency of the state, to be known as the
30 "Florida High-Speed Rail Authority," hereinafter referred to
31 as the "authority."
16
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1 (2)(a) The governing board of the authority shall
2 consist of nine voting members appointed as follows:
3 1. Three members shall be appointed by the Governor,
4 one of whom must have a background in the area of
5 environmental concerns, one of whom must have a legislative
6 background, and one of whom must have a general business
7 background.
8 2. Three members shall be appointed by the President
9 of the Senate, one of whom must have a background in civil
10 engineering, one of whom must have a background in
11 transportation construction, and one of whom must have a
12 general business background.
13 3. Three members shall be appointed by the Speaker of
14 the House of Representatives, one of whom must have a legal
15 background, one of whom must have a background in financial
16 matters, and one of whom must have a general business
17 background.
18 (b) The appointed members shall not be subject to
19 confirmation by the Senate. The initial term of each member
20 appointed by the Governor shall be for 4 years. The initial
21 term of each member appointed by the President of the Senate
22 shall be for 3 years. The initial term of each member
23 appointed by the Speaker of the House of Representatives shall
24 be for 2 years. Succeeding terms for all members shall be for
25 terms of 4 years. Initial appointments must be made within 30
26 days after the effective date of this act.
27 (c) A vacancy occurring during a term shall be filled
28 by the respective appointing authority in the same manner as
29 the original appointment and only for the balance of the
30 unexpired term. An appointment to fill a vacancy shall be made
31 within 60 days after the occurrence of the vacancy.
17
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1 (d) The Secretary of Transportation shall be a
2 nonvoting ex officio member of the board.
3 (e) The board shall elect one of its members as chair
4 of the authority. The chair shall hold office at the will of
5 the board. Five members of the board shall constitute a
6 quorum, and the vote of five members shall be necessary for
7 any action taken by the authority. No vacancy in the authority
8 shall impair the right of a quorum of the board to exercise
9 all rights and perform all duties of the authority.
10 (f) The members of the board shall be entitled to
11 compensation not to exceed $1,000 per meeting or $6,000 in the
12 aggregate per member for any calendar year, except that the
13 chair shall be paid $2,000 per meeting or no more than $12,000
14 in the aggregate for any calendar year. In addition to
15 compensation provided for in this paragraph, the members of
16 the board shall be reimbursed for reasonable travel expenses
17 actually incurred in their duties as provided by law.
18 (g) In addition to implementing the powers and duties
19 of the authority, the board shall also serve as a policymaking
20 body for the authority and shall select the technology for the
21 implementation of s. 19, Art. X of the State Constitution.
22 Section 5. Section 341.824, Florida Statutes, is
23 created to read:
24 341.824 Conflicts of interest.--Notwithstanding any
25 other law to the contrary, it shall not be or constitute a
26 conflict of interest for a person having a background
27 specified in s. 341.823(2)(a) to serve as a member of the
28 authority. However, in each official decision to which this
29 act is applicable, such member shall abstain from discussion,
30 deliberation, action, and vote by the authority in respect to
31 an undertaking pursuant to this act in which such member or
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1 such member's firm or related entity may have a financial or
2 economic interest.
3 Section 6. Section 341.825, Florida Statutes, is
4 created to read:
5 341.825 Administrative assignment.--The authority
6 shall be assigned to the Department of Transportation for
7 administrative purposes. The authority shall be a separate
8 budget entity, and the executive director shall be its agency
9 head for all purposes. The Department of Transportation shall
10 provide administrative support and service to the authority to
11 the extent requested by the chair of the authority. The
12 authority shall not be subject to control, supervision, or
13 direction by the Department of Transportation in any manner,
14 including, but not limited to, personnel, purchasing,
15 transactions involving real or personal property, and
16 budgetary matters.
17 Section 7. Section 341.826, Florida Statutes, is
18 created to read:
19 341.826 Powers and duties.--
20 (1)(a) The authority created and established by this
21 act shall plan, finance, construct, own, administer, and
22 manage the operation of the intrastate high-speed rail system
23 in the state, hereinafter referred to as "intrastate
24 high-speed rail."
25 (b) The authority may exercise all powers granted to
26 corporations under the Florida Business Corporation Act,
27 chapter 607.
28 (c) The authority shall have perpetual succession as a
29 body politic and corporate.
30 (d) The authority may make and execute financing
31 agreements, leases, as lessee or as lessor, contracts, deeds,
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1 and other instruments necessary or convenient in the exercise
2 of the powers and functions of the authority under this act,
3 including contracts with persons, firms, corporations, federal
4 and state agencies, and other authorities, which state
5 agencies and other authorities are authorized to enter into
6 contracts and otherwise cooperate with the authority to
7 facilitate the financing, construction, leasing, or sale of
8 any project; may engage in sale-leaseback, lease-purchase,
9 lease-leaseback, or other undertakings, and provide for the
10 sale of certificates of participation incident thereto; and
11 may enter into interlocal agreements in the manner provided in
12 s. 163.01.
13 (e) It is the express intention of this act that the
14 authority be authorized pursuant to provisions of this act to
15 plan, develop, own, purchase, lease, or otherwise acquire,
16 demolish, construct, improve, relocate, equip, repair,
17 maintain, operate, and manage an intrastate high-speed rail
18 system and intrastate high-speed rail facilities; to establish
19 and determine such policies as may be necessary for the best
20 interest of the operation and promotion of an intrastate
21 high-speed rail system; and to adopt such rules as may be
22 necessary to govern the operation of an intrastate high-speed
23 rail system and intrastate high-speed rail facilities.
24 (f) The authority may issue bonds, bond anticipation
25 notes, and other obligations of the authority for any of its
26 corporate purposes, including the provision of funds to pay
27 all or any part of the cost of any project, and to fund or
28 refund the same, all as provided in this act.
29 (2) The authority may exercise all powers necessary,
30 appurtenant, convenient, or incidental to carrying out the
31
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1 purposes enumerated in subsection (1), including, but not
2 limited to, the following rights and powers to:
3 (a) Sue and be sued, implead and be impleaded,
4 complain and defend in all courts in its name.
5 (b) Adopt and use a corporate seal.
6 (c) Use the power of eminent domain, including the
7 procedural powers granted under chapters 73 and 74.
8 (d) Adopt bylaws for the regulation of the affairs and
9 the conduct of the business of the authority. The bylaws shall
10 provide for quorum and voting requirements, maintenance of
11 minutes and other official records, and preparation and
12 adoption of an annual budget.
13 (e) Issue requests for proposals to operate the
14 high-speed rail system, including transit stations, which
15 shall include the payment of a minimum franchise fee and a
16 minimum annual payment of a percentage of gross revenues,
17 excluding any taxes, to be paid to the authority by the
18 franchisee. In awarding a franchise, the authority shall
19 consider, but is not limited to, the following:
20 1. The qualifications of each applicant.
21 2. The level of service proposed.
22 3. The anticipated revenue.
23 4. A plan of operations.
24 5. The financial ability to provide reliable service.
25 (f) Enforce collection of rates, fees, and charges,
26 and to establish and enforce fines and penalties for any
27 violation of rules.
28 (g) Advertise and promote intrastate high-speed rail
29 systems, facilities, and activities of the authority.
30
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1 (h) Employ an executive director, attorney, and staff
2 and retain financial advisors, legal advisors, and
3 consultants.
4 (i) Cooperate with other governmental entities and to
5 contract with other governmental agencies, including, but not
6 limited to, the Department of Transportation, the Federal
7 Government, counties, and municipalities.
8 (j) Accept funds or donations or contributions of
9 lands, buildings, or other real or personal property from
10 other governmental sources, and to accept private donations.
11 (k) Purchase by directly contracting with local,
12 national, or international insurance companies to provide
13 liability insurance that the authority is contractually and
14 legally obligated to provide, the requirements of s.
15 287.022(1), notwithstanding.
16 (l) Sell name rights for transit stations and other
17 facilities owned by the authority to corporate or individual
18 sponsors on a bid basis.
19 (3) The authority shall develop and adopt a work plan
20 for construction of the infrastructure, including a rail
21 system and transit stations. Such construction shall commence
22 on or before November 1, 2003. The work plan shall address the
23 authority's plan for the development of revenue sources and
24 the services to be provided. The work plan shall be reviewed
25 and updated annually.
26 Section 8. Section 341.827, Florida Statutes, is
27 created to read:
28 341.827 Payment of expenses.--All expenses incurred in
29 carrying out the provisions of this act shall be payable
30 solely from funds provided under the authority of this act, or
31 from other legally available sources, and no liability or
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1 obligation shall be incurred by the authority, the board, or
2 its members hereunder beyond the extent to which moneys have
3 been provided.
4 Section 9. Section 341.828, Florida Statutes, is
5 created to read:
6 341.828 Service designation; segment designation.--
7 (1) The authority shall designate local areas of the
8 state that the intrastate high-speed rail transportation
9 system will serve. The authority shall plan and develop the
10 intrastate high-speed rail transportation system so that
11 construction proceeds as follows:
12 (a) Construction of the initial segment of the
13 intrastate high-speed rail system shall connect the Greater
14 Tampa Bay Area to Lakeland/Winter Haven and the Greater
15 Orlando Area.
16 (b) Construction of subsequent segments of the
17 intrastate high-speed rail transportation system shall connect
18 the cities of St. Petersburg/Clearwater, Port Canaveral/Cocoa
19 Beach, Ft. Pierce, West Palm Beach, Ft. Lauderdale, Miami,
20 Daytona Beach, St. Augustine, Jacksonville, Ft. Myers/Naples,
21 Sarasota/Bradenton, Gainesville/Ocala, Tallahassee, and
22 Pensacola.
23 (2) Selection of segments of the intrastate high-speed
24 rail transportation system to be constructed subsequent to the
25 initial segment of the system connecting the Greater Tampa Bay
26 Area to Lakeland/Winter Haven and the Greater Orlando Area
27 shall be prioritized by the authority, giving consideration to
28 the demand for service, financial participation by local
29 governments, and the available financial resources of the
30 authority.
31
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1 Section 10. Section 341.829, Florida Statutes, is
2 created to read:
3 341.829 High-speed rail alignment advisory
4 committees.--
5 (1) High-speed rail alignment advisory committees are
6 created to review plans for the construction of each proposed
7 segment of the intrastate high-speed rail system. The
8 committee for each segment shall serve until conclusion of
9 construction of that segment, at which time the committee
10 shall be abolished.
11 (a) Each committee shall consist of:
12 1. The executive director of the authority or the
13 executive director's designee.
14 2. One representative of environmental interests
15 appointed by the Governor.
16 3. One representative of each county through which the
17 segment will be constructed. The county representative shall
18 be the chair of the county commission or the chair's designee.
19 (b) The chairs of the committees shall be elected by
20 the members of the committees.
21 (c) The committees shall hold periodic meetings at the
22 request of the chair. The authority shall provide support
23 staff to the committees and ensure that meetings are properly
24 recorded. Recording of committee meetings shall be pursuant to
25 chapters 119 and 257.
26 (d) Each committee shall, from time to time, offer
27 recommendations to the authority with respect to construction
28 of the segment for which the respective committee was
29 appointed.
30
31
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1 (e) The members of the committees shall be reimbursed
2 for reasonable travel expenses actually incurred in their
3 duties as provided by law.
4 Section 11. Section 341.830, Florida Statutes, is
5 created to read:
6 341.830 Rates, rents, fees, and charges.--
7 (1) The authority is authorized to fix, revise,
8 charge, and collect rates, rents, fees, charges, and revenues
9 for the use of and for the services furnished, or to be
10 furnished, by each project and to contract with any person,
11 partnership, association, or corporation, or other body,
12 public or private, in respect thereof. Such rates, rents,
13 fees, and charges shall be fixed and adjusted in respect to
14 the aggregate of rates, rents, fees, and charges from such
15 project so as to provide funds sufficient with other revenues,
16 if any:
17 (a) To pay the cost of all administrative expenses of
18 the authority, and the cost of maintaining, repairing, and
19 operating the project and each and every portion thereof, to
20 the extent that the payment of such cost has not otherwise
21 been adequately provided for.
22 (b) To pay the principal of and the interest on
23 outstanding revenue bonds of the authority issued in respect
24 to such project as the same shall become due and payable.
25 (c) To create and maintain reserves required or
26 provided for in any resolution authorizing, or trust agreement
27 securing, such revenue bonds of the authority.
28
29 Such rates, rents, fees, and charges shall not be subject to
30 supervision or regulation by any department, commission,
31
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1 board, body, bureau, or agency of this state other than the
2 authority.
3 (2) A sufficient amount of the revenues derived in
4 respect to a project, except such part of such revenues as may
5 be necessary to pay the cost of all administrative expenses of
6 the authority, and the cost of maintenance, repair, and
7 operation and to provide reserves and for renewals,
8 replacements, extensions, enlargements, and improvements as
9 may be provided for in the resolution authorizing the issuance
10 of any revenue bonds of the authority or in the trust
11 agreement securing the same, shall be set aside at such
12 regular intervals as may be provided in such resolution or
13 trust agreement in a sinking or other similar fund which is
14 hereby pledged to, and charged with, the payment of the
15 principal of and the interest on such revenue bonds as the
16 same shall become due, and the redemption price or the
17 purchase price of bonds retired by call or purchase as therein
18 provided. Such pledge shall be valid and binding from the time
19 when the pledge is made; the rates, rents, fees, and charges
20 and other revenues or other moneys so pledged and thereafter
21 received by the authority shall immediately be subject to the
22 lien of such pledge without any physical delivery thereof or
23 further act, and the lien of any such pledge shall be valid
24 and binding as against all parties having claims of any kind
25 in tort, contract, or otherwise against the authority,
26 irrespective of whether such parties have notice thereof.
27 Neither the resolution nor any trust agreement by which a
28 pledge is created need be filed or recorded except in the
29 records of the authority.
30 (3) The use and disposition of moneys to the credit of
31 such sinking or other similar fund shall be subject to the
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1 provisions of the resolution authorizing the issuance of such
2 bonds or of such trust agreement.
3 Section 12. Section 341.831, Florida Statutes, is
4 created to read:
5 341.831 Issuance of revenue bonds and notes for
6 intrastate high-speed rail transportation system.--
7 (1) The authority is authorized from time to time to
8 issue its negotiable revenue bonds for any corporate purpose,
9 including the provision of funds to pay all or any part of the
10 cost of any high-speed rail project. In anticipation of the
11 sale of such revenue bonds, the authority may issue negotiable
12 bond anticipation notes and may renew the same from time to
13 time, but the maximum maturity of any such note, including
14 renewals thereof, shall not exceed 5 years from the date of
15 issue of the original note. Such notes shall be paid from any
16 revenues of the authority available therefor or of the project
17 and not otherwise pledged, or from the proceeds of sale of the
18 revenue bonds of the authority in anticipation of which they
19 were issued. The notes shall be issued in the same manner as
20 the revenue bonds. Such notes and the resolution or
21 resolutions authorizing the same may contain any provisions,
22 conditions, or limitations which a bond resolution of the
23 authority may contain.
24 (2) The revenue bonds and notes of every issue shall
25 be payable solely out of revenues of the authority and any
26 other legally available revenues pledged by the authority or
27 any other party.
28 (3) The revenue bonds may be issued from time to time
29 as serial bonds or as term bonds; or the authority, in its
30 discretion, may issue bonds of both types. The revenue bonds
31 shall be authorized by resolution of the board of the
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1 authority and shall bear such date or dates, mature at such
2 time or times not exceeding 50 years from their respective
3 dates, bear interest at such rate or rates, including variable
4 rates, notwithstanding any limitation in other laws relating
5 to maximum interest rates, be payable at such time or times,
6 be in such denominations, be in such form, carry such
7 registration privileges, be executed in such manner, be
8 payable in lawful money of the United States at such place or
9 places, and be subject to such terms of redemption, as such
10 resolution or resolutions may provide. The revenue bonds or
11 notes may be sold at public or private sale for such price or
12 prices as the authority shall determine. Pending preparation
13 of the definitive bonds, the authority may issue interim
14 receipts or certificates which shall be exchanged for such
15 definitive bonds. In case any officer whose signature, or a
16 facsimile of whose signature, shall appear on any bonds or
17 coupons shall cease to be that officer before the delivery of
18 the bonds, the signature or facsimile shall nevertheless be
19 valid and sufficient for all purposes the same as if he or she
20 had remained in office until delivery. The authority may also
21 provide for the authentication of the bonds by a trustee or
22 fiscal agent. The bonds may be issued in coupon form or in
23 registered form, or both, as the authority may determine, and
24 provision may be made for the registration of any coupon bonds
25 as to principal alone and also as to both principal and
26 interest; and for the reconversion into coupon bonds of any
27 bonds registered as to both principal and interest; and for
28 the interchange of registered and coupon bonds. The authority
29 may sell the bonds in such manner, either at public or private
30 sale, and for such price as it may determine will best
31 effectuate the purpose of this act, notwithstanding any
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1 limitation in other laws relating to the maximum interest rate
2 permitted for bonds or limitations on the manner by which
3 bonds are sold.
4 (4) Any resolution or resolutions authorizing any
5 revenue bonds or any issue of revenue bonds may contain
6 provisions, which shall be a part of the contract with the
7 holders of the revenue bonds to be authorized, as to:
8 (a) Pledging of all or any part of the revenues of a
9 project or any revenue-producing contract or contracts made by
10 the authority with any individual, partnership, corporation,
11 or association or other body, public or private, and the
12 pledging of any other available funds or revenues, to secure
13 the payment of the revenue bonds or of any particular issue of
14 revenue bonds, subject to such agreements with bondholders as
15 may then exist.
16 (b) The rentals, fees, and other charges to be
17 charged, and the amounts to be raised in each year thereby,
18 and the use and disposition of the revenues.
19 (c) The setting aside of reserves or sinking funds,
20 and the regulation and disposition thereof.
21 (d) Limitations on the right of the authority or its
22 agent to restrict and regulate the use of the project.
23 (e) Limitations on the purpose to which the proceeds
24 of sale of any issue of revenue bonds then or thereafter to be
25 issued may be applied and pledging such proceeds to secure the
26 payment of the revenue bonds or any issue of the revenue
27 bonds.
28 (f) Limitations on the issuance of additional bonds,
29 the terms upon which additional bonds may be issued and
30 secured, and the refunding of outstanding bonds.
31
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1 (g) The procedure, if any, by which the terms of any
2 contract with bondholders may be amended or abrogated, the
3 amount of bonds the holders of which must consent thereto, and
4 the manner in which such consent may be given.
5 (h) Limitations on the amount of moneys derived from
6 the project to be expended for operating, administrative, or
7 other expenses of the authority.
8 (i) The acts or omissions to act which shall
9 constitute a default in the duties of the authority to holders
10 of its obligations and providing the rights and remedies of
11 such holders in the event of a default.
12 (j) The mortgaging of or granting a security interest
13 in the project or the site thereof, to the extent legally
14 permissible, for the purpose of securing the bondholders.
15 (5) Neither the members of the board nor any person
16 executing the revenue bonds or notes shall be liable
17 personally on the revenue bonds or notes or be subject to any
18 personal liability or accountability by reason of the issuance
19 thereof.
20 (6) The authority shall have power out of any funds
21 available therefor to purchase its bonds or notes. The
22 authority may hold, pledge, cancel, or resell such bonds,
23 subject to and in accordance with agreements with bondholders.
24 (7) Incident to its powers to issue bonds and notes,
25 the authority may enter into interest rate swap agreements,
26 collars, caps, forward securities purchase agreements, delayed
27 delivery bond purchase agreements, and any other financial
28 agreements deemed to be in the best interest of the authority.
29 (8) Bonds may be issued under the provisions of this
30 act without obtaining, except as otherwise expressly provided
31 in this act, the consent of any department, division,
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1 commission, board, body, bureau, or agency of the state or any
2 local government, and without any other proceedings or the
3 happening of any conditions or things other than those
4 proceedings, conditions, or things which are specifically
5 required by this act and the provisions of the resolution
6 authorizing the issuance of such bonds or the trust agreement
7 securing the same.
8 (9) Any authority which issues any revenue bonds
9 pursuant to this act shall supply the Division of Bond Finance
10 of the State Board of Administration with a copy of the report
11 required in s. 103 of the Internal Revenue Code of 1954, as
12 amended, at the times required pursuant to that section.
13 (10) Any resolution authorizing the issuance of bonds
14 may contain such covenants as the authority may deem
15 advisable, including those provisions set forth above, and all
16 such covenants shall constitute valid and legally binding and
17 enforceable contracts between the authority and the
18 bondholders, regardless of the time of issuance thereof. Such
19 covenants may include, without limitation, covenants
20 concerning the disposition of the bond proceeds; the use and
21 disposition of project revenues; the pledging of revenues and
22 assessments; the obligations of the authority with respect to
23 the operation of the project and the maintenance of adequate
24 project revenues; the issuance of additional bonds; the
25 appointment, powers, and duties of trustees and receivers; the
26 acquisition of outstanding bonds and obligations; restrictions
27 on the establishing of competing projects or facilities;
28 restrictions on the sale or disposal of the assets and
29 property of the authority; the maintenance of deposits to
30 assure the payment of the bonds issued hereunder; acceleration
31 upon default; the execution of necessary instruments; the
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1 procedure for amending or abrogating covenants with the
2 bondholders; and such other covenants as may be deemed
3 necessary or desirable for the security of the bondholders.
4 (11) This act constitutes full and complete authority
5 for the issuance of bonds and the exercise of the powers of
6 the authority provided herein. Any and all bonds issued by the
7 authority shall not be secured by the full faith and credit of
8 the State of Florida and do not constitute an obligation, or
9 pledge of the taxing power of the State of Florida.
10 (12) In the discretion of the authority, any revenue
11 bonds issued under the provisions of this act may be secured
12 by a trust agreement by and between the authority and a
13 corporate trustee or trustees, which may be any trust company
14 or bank having the powers of a trust company within or without
15 the state. Such trust agreement or the resolution providing
16 for the issuance of such revenue bonds may pledge or assign
17 the revenues to be received or proceeds of any contract or
18 contracts pledged and may convey or mortgage the project or
19 any portion thereof. Such trust agreement or resolution
20 providing for the issuance of such revenue bonds may contain
21 such provisions for protecting and enforcing the rights and
22 remedies of the bondholders as may be reasonable and proper
23 and not in violation of law, including particularly such
24 provisions as have hereinabove been specifically authorized to
25 be included in any resolution or resolutions of the authority
26 authorizing revenue bonds thereof. Any bank or trust company
27 incorporated under the laws of this state or of any other
28 state of the United States which may legally act as depository
29 of the proceeds of bonds or of revenues or other moneys or
30 security may furnish such indemnifying bonds or pledge such
31 securities as may be required by the authority, if any. Any
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1 such trust agreement may set forth the rights and remedies of
2 the bondholders and of the trustee or trustees, and may
3 restrict the individual right of action by bondholders. In
4 addition to the foregoing, any such trust agreement or
5 resolution may contain such other provisions as the authority
6 may deem reasonable and proper for the security of the
7 bondholders. All expenses incurred in carrying out the
8 provisions of such trust agreement or resolution may be
9 treated as a part of the cost of the operation of a project.
10 (13) Revenue bonds issued under the provisions of this
11 act shall not be deemed to constitute a general liability of
12 the authority, any municipality, the state, or any political
13 subdivision thereof or a pledge of the faith and credit of the
14 state, of the authority, of such municipality, or of any such
15 political subdivision, but shall be payable solely from
16 revenues of the authority or other legally available funds,
17 including federal or state revenues; payments by banks,
18 insurance companies, or others pursuant to letters of credit
19 or purchase agreements; investment earnings from funds or
20 accounts maintained pursuant to the bond resolution; insurance
21 proceeds; and proceeds of refunding obligations. All such
22 revenue bonds shall contain on the face thereof a statement to
23 the effect that neither the authority, any municipality, the
24 state, nor any political subdivision thereof shall be
25 obligated to pay the same or the interest thereon except from
26 revenues of the project or the portion thereof for which they
27 are issued and that neither the faith and credit nor the
28 taxing power of the authority, any municipality, the state, or
29 of any political subdivision thereof is pledged to the payment
30 of the principal of or the interest on such bonds. The
31 issuance of revenue bonds under the provisions of this act
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1 shall not directly, indirectly, or contingently obligate the
2 authority, any municipality, the state, or any political
3 subdivision thereof to levy or to pledge any form of taxation
4 whatever therefor or to make any appropriation for their
5 payment.
6 Section 13. Section 341.832, Florida Statutes, is
7 created to read:
8 341.832 Refunding bonds.--
9 (1) The authority is hereby authorized to provide for
10 the issuance of revenue bonds of the authority for the purpose
11 of refunding any revenue bonds of the authority then
12 outstanding, including the payment of any redemption premium
13 thereon and any interest accrued or to accrue to the earliest
14 or subsequent date of redemption, purchase, or maturity of
15 such revenue bonds, and, if deemed advisable by the authority,
16 for the additional purpose of paying all or any part of the
17 cost of constructing and acquiring additions, improvements,
18 extensions, or enlargements of a project or any portion
19 thereof.
20 (2) The proceeds of any such revenue bonds issued for
21 the purpose of refunding outstanding revenue bonds may, in the
22 discretion of the authority, be applied to the purchase or
23 retirement at maturity or redemption of such outstanding
24 revenue bonds either on their earliest or any subsequent
25 redemption date or upon the purchase or at the maturity
26 thereof and may, pending such application, be placed in escrow
27 to be applied to such purchase or retirement at maturity or
28 redemption on such date as may be determined by the authority.
29 (3) Any such escrowed proceeds, pending such use, may
30 be invested and reinvested in direct obligations of the United
31 States, or in certificates of deposit or time deposits secured
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1 by direct obligations of the United States, or such other
2 investments as the resolution authorizing the issuance and
3 sale of the bonds, or the trust agreement, shall provide,
4 maturing at such time or times as shall be appropriate to
5 assure the prompt payment, as to principal, interest, and
6 redemption premium, if any, of the outstanding revenue bonds
7 to be so refunded. The interest, income, and profits, if any,
8 earned or realized on any such investment may also be applied
9 to the payment of the outstanding revenue bonds to be so
10 refunded. After the terms of the escrow have been fully
11 satisfied and carried out, any balance of such proceeds and
12 interest, income, and profits, if any, earned or realized on
13 the investments thereof may be returned to the authority in
14 any lawful manner.
15 (4) The portion of the proceeds of any such revenue
16 bonds issued for the additional purpose of paying all or any
17 part of the cost of constructing and acquiring additions,
18 improvements, extensions, or enlargements of a project may be
19 invested and reinvested in direct obligations of the United
20 States, or in certificates of deposit or time deposits secured
21 by direct obligations of the United States, or such other
22 investments as the resolution authorizing the issuance and
23 sale of the bonds, or the trust agreement, shall provide,
24 maturing not later than the time or times when such proceeds
25 will be needed for the purpose of paying all or any part of
26 such cost. The interest, income, and profits, if any, earned
27 or realized on such investment may be applied to the payment
28 of all or any part of such cost or may be used by the
29 authority in any lawful manner.
30
31
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1 (5) All such revenue bonds shall be subject to the
2 provisions of this act in the same manner and to the same
3 extent as other revenue bonds issued pursuant to this act.
4 Section 14. Section 341.833, Florida Statutes, is
5 created to read:
6 341.833 Trust funds.--All moneys received pursuant to
7 the authority of this act, whether as proceeds from the sale
8 of bonds or as revenues, shall be deemed to be trust funds to
9 be held and applied solely as provided in this act. Any
10 officer with whom, or any bank or trust company with which,
11 such moneys shall be deposited shall act as trustee of such
12 moneys and shall hold and apply the same for the purposes
13 hereof, subject to such regulations as this act and the
14 resolution authorizing the bonds of any issue or the trust
15 agreement securing such bonds may provide.
16 Section 15. Section 341.834, Florida Statutes, is
17 created to read:
18 341.834 Validity of bonds; validation proceedings.--
19 (1) Any bonds issued by the authority shall be
20 incontestable in the hands of bona fide purchasers or holders
21 for value and shall not be invalid because of any irregularity
22 or defect in the proceedings for the issue and sale thereof.
23 Prior to the issuance of any bonds, the authority shall
24 publish a notice at least once in a newspaper or newspapers
25 published or of general circulation in the county or counties
26 in the state in which the project will be located, stating the
27 date of adoption of the resolution authorizing such
28 obligations, the amount, maximum rate of interest, and
29 maturity of such obligations, and the purpose in general terms
30 for which such obligations are to be issued, and further
31 stating that any action or proceeding questioning the validity
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1 of such obligations or of the proceedings authorizing the
2 issuance thereof, or of any covenants made therein, must be
3 instituted within 20 days after the first publication of such
4 notice, or the validity of such obligations, proceedings, and
5 covenants shall not be thereafter questioned in any court
6 whatsoever. If no such action or proceeding is so instituted
7 within such 20-day period, then the validity of such
8 obligations, proceedings, and covenants shall be conclusive,
9 and all persons or parties whatsoever shall be forever barred
10 from questioning the validity of such obligations,
11 proceedings, or covenants in any court whatsoever.
12 (2) Notwithstanding the foregoing, the bonds, notes,
13 or other obligations issued by the authority, or others
14 providing credit for such obligations, which may be before the
15 jurisdiction of the court shall be validated in the manner
16 provided by chapter 75, and the jurisdiction of such action
17 shall be in the county in which the seat of state government
18 is situated.
19 Section 16. Section 341.835, Florida Statutes, is
20 created to read:
21 341.835 Remedies of bondholders.--Any holder of
22 revenue bonds issued under the provisions of this act or any
23 of the coupons appertaining thereto, and the trustee or
24 trustees under any trust agreement, except to the extent the
25 rights herein given may be restricted by any resolution
26 authorizing the issuance of, or any such trust agreement
27 securing, such bonds, may, either at law or in equity, by
28 suit, action, mandamus, or other proceedings, protect and
29 enforce any and all rights under the laws of the state or
30 granted hereunder or under such resolution or trust agreement,
31 and may enforce and compel the performance of all duties
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1 required by this act or by such resolution or trust agreement
2 to be performed by the authority or by any officer, employee,
3 or agent thereof, including the fixing, charging, and
4 collecting of the rates, rents, fees, and charges herein
5 authorized and required by the provisions of such resolution
6 or trust agreement to be fixed, established, and collected.
7 Section 17. Section 341.836, Florida Statutes, is
8 created to read:
9 341.836 Tax exemption.--The exercise of the powers
10 granted by this act will be in all respects for the benefit of
11 the people of this state, for the increase of their commerce,
12 welfare, and prosperity, and for the improvement of their
13 health and living conditions, and as the operation and
14 maintenance of a project by the authority or its agent or the
15 owner or lessee thereof, as herein authorized, constitutes the
16 performance of an essential public function, neither the
17 authority, its agent, nor the owner of such project shall be
18 required to pay any taxes or assessments upon or in respect to
19 a project or any property acquired or used by the authority,
20 its agent, or such owner under the provisions of this act or
21 upon the income therefrom, and any bonds issued under the
22 provisions of this act, any security therefor, their transfer,
23 and the income therefrom, including any profit made on the
24 sale thereof, shall at all times be free from taxation of
25 every kind by the state, the county, and the municipalities
26 and other political subdivisions in the state. The exemption
27 granted by this section shall not be applicable to any tax
28 imposed by chapter 220 on interest, income, or profits or on
29 debt obligations owned by corporations.
30 Section 18. Section 341.837, Florida Statutes, is
31 created to read:
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1 341.837 Legal investment.--Bonds issued by the
2 authority under the provisions of this act are securities in
3 which all public officers and public bodies of the state and
4 its political subdivisions, all insurance companies, trust
5 companies, banking associations, investment companies,
6 executors, administrators, trustees, and other fiduciaries may
7 properly and legally invest funds, including capital in their
8 control or belonging to them. Such bonds are hereby made
9 securities which may properly and legally be deposited with
10 and received by any state or municipal officer or any agency
11 or political subdivision of the state for any purpose for
12 which the deposit of bonds or obligations of the state is now
13 or may hereafter be authorized by law.
14 Section 19. Section 341.838, Florida Statutes, is
15 created to read:
16 341.838 State agreement.--The state does hereby pledge
17 to and agree with the holders of any obligations issued under
18 this act, and with those parties who may enter into contracts
19 with the authority pursuant to the provisions of this act,
20 that the state will not limit or alter the rights hereby
21 vested in the authority until such obligations, together with
22 the interest thereon, are fully met and discharged and such
23 contracts are fully performed on the part of the authority,
24 provided nothing herein contained shall preclude such
25 limitation or alteration if and when adequate provision shall
26 be made by law for the protection of the holders of such
27 obligations of the authority or those entering into such
28 contracts with the authority. The authority is authorized to
29 include this pledge and undertaking for the state in such
30 obligations or contracts.
31
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1 Section 20. Section 341.839, Florida Statutes, is
2 created to read:
3 341.839 Alternate means.--The foregoing sections of
4 this act shall be deemed to provide an additional and
5 alternative method for accomplishing the purposes authorized
6 therein, and shall be regarded as supplemental and additional
7 to powers conferred by other laws; provided the issuance of
8 notes, certificates of participation, revenue bonds, and
9 revenue refunding bonds under the provisions of this act need
10 not comply with the requirements of any other law applicable
11 to the issuance of bonds or such obligations. Except as
12 otherwise expressly provided in this act, none of the powers
13 granted to the authority under the provisions of this act
14 shall be subject to the supervision or regulation or require
15 the approval or consent of any municipality or political
16 subdivision or any commission, board, body, bureau, official,
17 or agency thereof or of the state.
18 Section 21. Section 341.840, Florida Statutes, is
19 created to read:
20 341.840 Pledge to bondholders not to restrict certain
21 rights of authority.--The state pledges to and agrees with the
22 holders of the bonds issued pursuant to this act that the
23 state will not limit or restrict the rights vested in the
24 authority to construct, reconstruct, maintain, and operate any
25 intrastate high-speed rail project as defined in this act, to
26 establish and collect such fees or other charges as may be
27 convenient or necessary to produce sufficient revenues to meet
28 the expenses of maintenance and operation of the intrastate
29 high-speed rail system, and to fulfill the terms of any
30 agreements made with the holders of bonds authorized by this
31 act. The state further pledges that it will not in any way
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1 impair the rights or remedies of the holders of such bonds
2 until the bonds, together with interest thereon, are fully
3 paid and discharged.
4 Section 22. Section 341.841, Florida Statutes, is
5 created to read:
6 341.841 Reports.--Within the first 120 days of each
7 calendar year, the authority shall report to the Department of
8 Transportation concerning authority activities for the
9 preceding calendar year. Each report shall set forth a
10 complete operating and financial statement covering its
11 operations during the year. Not less than annually, the
12 authority shall provide for an audit by certified public
13 accountants of its books and accounts, the cost of which shall
14 be paid from funds available to the authority pursuant to this
15 act.
16 Section 23. Section 341.842, Florida Statutes, is
17 created to read:
18 341.842 Liberal construction.--This act, being
19 necessary for the welfare of the state and its inhabitants,
20 shall be liberally construed to effect the purposes hereof.
21 Section 24. Section 341.843, Florida Statutes, is
22 created to read:
23 341.843 Provisions of act controlling.--To the extent
24 that the provisions of this act are inconsistent with the
25 provisions of any general statute or special act or parts
26 thereof, the provisions of this act shall be deemed
27 controlling.
28 Section 25. Section 341.844, Florida Statutes, is
29 created to read:
30 341.844 Department of Environmental Protection; other
31 affected agencies; powers and duties.--
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1 (1) For the purposes of ss. 341.82-341.858, the
2 Department of Environmental Protection has the following
3 powers and duties:
4 (a) To receive and review applications for
5 certification in regard to the criteria listed in ss.
6 341.82-341.858 as to matters under this section.
7 (b) To be a party to an administrative or judicial
8 proceeding involving an application for certification.
9 (c) To receive the certification applications, to
10 determine the completeness of the applications, to review the
11 applications for compliance with nonprocedural requirements of
12 the agency, to prepare and file a report in accordance with s.
13 341.850, and to be a party to the certification proceedings.
14 (d) To make, or contract for, studies of matters
15 within its jurisdiction in regard to the certification.
16 (e) To assist the department in monitoring the effects
17 arising from the location of the high-speed rail
18 transportation system corridor and the construction,
19 operation, and maintenance of the high-speed rail
20 transportation system, in order to assure continued compliance
21 with the terms of the certification.
22 (2) The Department of Environmental Protection is
23 responsible for assisting affected agencies in analyzing the
24 environmental impacts of a proposed high-speed rail
25 transportation system and for providing data and other
26 information to those agencies for use in the preparation of
27 the reports required by s. 341.850.
28 Section 26. Section 341.845, Florida Statutes, is
29 created to read:
30 341.845 Certification procedures.--
31
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1 (1) The Department of Environmental Protection shall
2 adopt a rule pursuant to ss. 120.54 and 120.536(1) for
3 processing a certification application and shall develop an
4 application form that requires the submission of information
5 necessary for the affected agencies to review in determining
6 whether an application is entitled to certification in
7 accordance with the requirements of ss. 341.82-341.858. The
8 application form may incorporate, by reference, the
9 appropriate application forms adopted by other agencies. The
10 application form must require that any associated development
11 that the franchisee wishes to have included in the
12 certification be identified as provided for by s. 341.855 and
13 must require that sufficient information be provided for the
14 agencies to review and determine whether any proposed
15 associated development is entitled to certification.
16 (2) The certification application shall be filed in
17 the form and manner specified by department rule, if adopted
18 at the time the application is filed, with the department and
19 with each affected agency, together with any required fee.
20 Section 27. Section 341.846, Florida Statutes, is
21 created to read:
22 341.846 Agreements concerning contents of
23 certification application and supporting documentation.--The
24 authority, the applicant, which may be the authority, and the
25 Department of Environmental Protection may enter into binding
26 written agreements with other affected agencies as to the
27 scope, quantity, and level of information to be provided in
28 the certification application, as well as the methods to be
29 used in providing such information and the nature of the
30 supporting documents to be included in the certification
31 application.
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1 Section 28. Section 341.847, Florida Statutes, is
2 created to read:
3 341.847 Review of application.--
4 (1) The Department of Environmental Protection shall
5 coordinate the review of the certification application with
6 the other affected agencies.
7 (2) If an agency determines that its respective part
8 of the certification application is incomplete, that agency
9 shall provide in writing to the applicant a statement of the
10 desired additional information within 30 days after the
11 receipt of the application. The applicant may supply the
12 information requested and, if the applicant intends to supply
13 the information, shall communicate its intention to do so in
14 writing to the agency requesting the information within 10
15 working days after the receipt of the statement requesting
16 such information; or the applicant shall notify the
17 appropriate agency in writing that the requested information
18 will not be supplied, in which case the application shall be
19 processed as filed. Unless otherwise agreed upon by the agency
20 requesting the information and by the applicant, the
21 information must be provided within 60 days after the request.
22 Within 30 days after receipt of such additional information,
23 the respective agency shall review such additional information
24 and may request only that information needed to clarify such
25 additional information or to answer new questions raised by,
26 or directly related to, such additional information.
27 (3) The certification application is deemed complete
28 when each agency having jurisdiction:
29 (a) Finds the application complete;
30
31
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1 (b) Fails to notify the applicant within 30 days after
2 the receipt of the application or a request for additional
3 information that the application is incomplete; or
4 (c) When the applicant states its intent not to
5 provide the requested information and requests that the
6 application be processed based upon the information submitted
7 previously.
8 (4) Within 10 days after receipt of a certification
9 application, the department shall request the Division of
10 Administrative Hearings to designate an administrative law
11 judge to conduct the certification hearing.
12 Section 29. Section 341.848, Florida Statutes, is
13 created to read:
14 341.848 Appointment of administrative law judge;
15 powers and duties.--
16 (1) Within 10 days after receipt of a request by the
17 department to designate an administrative law judge, the
18 director of the Division of Administrative Hearings shall
19 designate an administrative law judge to conduct the hearings
20 required by ss. 341.82-341.858. Whenever practicable, the
21 division director shall assign an administrative law judge who
22 has prior experience or training in this type of certification
23 proceeding. Upon being advised that an administrative law
24 judge has been designated, the department shall immediately
25 file a copy of the certification application and all
26 supporting documents with the administrative law judge, who
27 shall docket the application.
28 (2) The administrative law judge shall have all powers
29 and duties granted to administrative law judges by chapter 120
30 and by the laws and rules of the department, including the
31
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1 authority to resolve disputes over the completeness of a
2 certification application.
3 Section 30. Section 341.849, Florida Statutes, is
4 created to read:
5 341.849 Alteration of time limitations.--Any time
6 limitation specified in ss. 341.82-341.858 may be altered by
7 stipulation by the department and the applicant, if approved
8 by an administrative law judge, if the administrative law
9 judge has jurisdiction over the proceeding; by the department,
10 if no administrative law judge has jurisdiction; or by the
11 board, if it has jurisdiction; unless objected to by any party
12 within 5 days after notice, or for good cause shown by any
13 party.
14 Section 31. Section 341.850, Florida Statutes, is
15 created to read:
16 341.850 Reports and studies.--
17 (1) In order to verify or supplement the information
18 in a certification application, reports of the agencies
19 specified in s. 341.852(2) shall be prepared, submitted to the
20 Department of Environmental Protection, the authority, the
21 applicant, and the administrative law judge, and made
22 available for other parties to review or copy. Neither the
23 failure to submit a report nor the inadequacy of the report is
24 a ground to deny or condition certification. Each reviewing
25 agency shall initiate the activities required by this section
26 as soon as each application is received. Each agency shall
27 keep the applicant informed as to the progress of its studies
28 and any issues raised by the studies.
29 (2) The reports shall be submitted to the Department
30 of Environmental Protection no later than 30 days after the
31 applications have been determined to be complete for inclusion
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1 in the agency analysis. The failure of any agency to submit a
2 report, or to submit its report within the allowed time, is
3 not a ground for the alteration of any time limitation in ss.
4 341.82-341.858. Each report must contain:
5 (a) An assessment of the impacts of the proposed
6 high-speed rail transportation system as determined by the
7 studies required by this section.
8 (b) An assessment of the expected compliance with the
9 adopted rules, regulations, standards, or ordinances of the
10 reviewing agency and an identification of any nonprocedural
11 requirements not specifically listed in any application, from
12 which requirements a variance or exemption is needed in order
13 for the board to certify the high-speed rail transportation
14 system.
15 (c) The conclusions and recommendations regarding
16 certification, including the reasons for recommendations of
17 denial, if the agency recommends denial of certification.
18 (d) The proposed conditions of certification, if the
19 agency is of the opinion that certification should be granted.
20 (3) Each agency shall prepare a report on the
21 certification application as to the impact of the proposed
22 high-speed rail transportation system as it relates to matters
23 within the jurisdiction of the agency. The Department of
24 Environmental Protection may request that any other agency
25 perform studies and prepare reports as to matters within the
26 jurisdiction of that other agency, which matters may be
27 affected by the proposed high-speed rail transportation
28 system.
29 (4) The Department of Environmental Protection shall
30 prepare a written analysis of the agency reports on the
31 certification application, which analysis shall be filed with
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1 the designated administrative law judge and all parties no
2 later than 60 days before the scheduled date for the
3 certification hearing. The analysis must include:
4 (a) In regard to the reports and studies required by
5 this section, a list and a summary of the reports and studies
6 and the location at which the reports or study results are
7 available for public inspection and copying.
8 (b) The comments received from a party which is not an
9 agency.
10 (c) The conditions of certification considered
11 appropriate by the department.
12 (d) The recommendations of the department relating to
13 the disposition of the certification application.
14 Section 32. Section 341.851, Florida Statutes, is
15 created to read:
16 341.851 Publication of notice of certification
17 application and proceedings; contents of notice.--
18 (1) Upon the filing of a certification application,
19 the applicant shall arrange for publication of a notice of the
20 application and of the proceedings required by ss.
21 341.82-341.858 and of the deadline for filing notice of intent
22 to be a party. The notice must be published within 30 days
23 after the filing of the application.
24 (2) The applicant shall arrange for publication of
25 notice of the certification hearing. Such notices shall be
26 published at least 30 days before the date set for the
27 hearing.
28 (3)(a) Notices shall be published in a newspaper of
29 general circulation within each county crossed by the
30 high-speed rail transportation system corridor which is
31 proposed to be certified under the pending application. The
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1 required newspaper notices must be one-half of a page in a
2 standard size newspaper or a full page in a tabloid size
3 newspaper. Each notice must include a map generally depicting
4 the proposed high-speed rail transportation system corridor
5 proposed to be certified. A newspaper of general circulation
6 within a county is the newspaper that has the largest daily
7 circulation in that county and has its principal office in
8 that county. If the newspaper with the largest daily
9 circulation has its principal office outside the county, the
10 notices must appear in both the newspaper having the largest
11 circulation in that county and in a newspaper authorized to
12 publish legal notices in that county.
13 (b) The Department of Environmental Regulation shall
14 publish notice of the filing of the application and of the
15 certification hearing in the Florida Administrative Weekly.
16
17 Notices shall be provided to any persons who have made a
18 request to be placed on the departmental mailing lists for
19 this purpose.
20 (4) The applicant shall pay for the notices, which
21 payment is in addition to the application fee. The department
22 shall arrange for publication of the notices required by this
23 section.
24 Section 33. Section 341.852, Florida Statutes, is
25 created to read:
26 341.852 Certification hearing.--
27 (1) No later than 60 days after the applications have
28 been determined to be complete, the administrative law judge
29 shall conduct a certification hearing, pursuant to ss. 120.569
30 and 120.57, at a convenient location in the vicinity of the
31 proposed high-speed rail transportation system.
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1 (2)(a) The parties to the certification proceeding
2 are:
3 1. The applicant.
4 2. The Department of Environmental Protection.
5 3. The Department of Transportation.
6 4. The Department of Community Affairs.
7 5. The Fish and Wildlife Conservation Commission.
8 6. Each water management district in whose
9 jurisdiction the corridor is proposed to be located.
10 7. Each local government in whose jurisdiction the
11 corridor is proposed to be located.
12 8. Each regional planning council in whose
13 jurisdiction the corridor is proposed to be located.
14 9. Each metropolitan planning organization in whose
15 jurisdiction the corridor is proposed to be located.
16 (b) Any party listed in paragraph (a) may waive its
17 right to participate in the proceeding. If any listed party
18 fails to file, on or before the 30th day prior to the
19 certification hearing, a notice of its intent to be a party,
20 such party is deemed to have waived its right to be a party,
21 unless its participation in the proceeding would not prejudice
22 the rights of any party to the proceeding.
23 (c) After the filing with the administrative law judge
24 of a notice of intent to be a party by an agency or
25 corporation or association described in subparagraph 1. or
26 subparagraph 2., or a petition for intervention by a person
27 described in subparagraph 3., no later than 30 days prior to
28 the date set for the certification hearing, any of the
29 following entities also shall be a party to the proceeding:
30 1. Any state agency not listed in paragraph (a), as to
31 matters within its jurisdiction.
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1 2. Any domestic nonprofit corporation or association
2 that is formed, in whole or in part, to promote conservation
3 of natural beauty; to protect the environment, personal
4 health, or other biological values; to preserve historical
5 sites; to promote consumer interests; to represent labor,
6 commercial, or industrial groups; to promote economic
7 development; or to promote the orderly development, or
8 maintain the residential integrity, of the area in which the
9 proposed high-speed rail transportation corridor or associated
10 development is to be located.
11 3. Any person whose substantial interests are affected
12 and being determined by the proceeding.
13 (d) Any agency, the property or works of which agency
14 may be affected by the proceeding, shall be made a party upon
15 the request of the agency or any party to this proceeding.
16 (3) When appropriate, any person may be given an
17 opportunity to present oral or written communications to the
18 administrative law judge. If the administrative law judge
19 proposes to consider such communications, all parties shall be
20 given an opportunity to cross-examine with respect to, or to
21 challenge or rebut, such communications.
22 (4) At the conclusion of the certification hearing,
23 the administrative law judge shall, after consideration of all
24 the evidence of record, issue a recommended order to the board
25 disposing of the applications. The administrative law judge
26 shall issue the recommended order no later than 45 days after
27 the transcripts of the certification hearing and the public
28 hearings are filed with the Division of Administrative
29 Hearings.
30 Section 34. Section 341.853, Florida Statutes, is
31 created to read:
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1 341.853 Final disposition of certification
2 application.--
3 (1) Within 30 days after receipt of the administrative
4 law judge's recommended order, the Governor and Cabinet
5 sitting as the siting board shall act upon the certification
6 application by written order, which order shall approve the
7 certification in whole, approve the certification with
8 modifications and conditions that the siting board considers
9 appropriate, or deny the certification. The order must state
10 the reasons for issuance or denial of certification.
11 (2) In determining whether the certification
12 application should be approved in whole, approved with
13 modifications or conditions, or denied, the siting board shall
14 consider whether, and the extent to which, the location,
15 construction, operation, and maintenance of the high-speed
16 rail transportation system will:
17 (a) Comply with nonprocedural requirements of agencies
18 in effect on the date the application was filed; and
19 (b) Comply with s. 341.821.
20 Section 35. Section 341.854, Florida Statutes, is
21 created to read:
22 341.854 Effect of certification; ss. 341.82-341.858 to
23 take precedence.--
24 (1) With respect to the rail line, guideway, and any
25 transit station or associated development identified in the
26 certification and subject to the conditions set forth in the
27 certification, the certification shall constitute the sole
28 license of the state, and of any agency, as to the approval of
29 the location of these facilities and the construction,
30 operation, and maintenance of these facilities.
31
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1 (2) With respect to the associated developments
2 specified in the certification or in any modification to the
3 certification, the certification is the license and authority
4 for the applicant to construct and operate the associated
5 developments. The certification must list any additional
6 postcertification permits and licenses necessary for the
7 construction, operation, and maintenance of the associated
8 developments. The certification must also list any exemption
9 from a permitting or licensing requirement. The applicant
10 shall obtain any permit or license otherwise required by law
11 unless, in the certification, the permit or license is
12 exempted. Upon application by the certification holder, all
13 agencies shall grant and approve all appropriate permits and
14 licenses necessary for the construction, operation, and
15 maintenance of the associated developments, with terms and
16 conditions consistent with the certification.
17 (3) The certification authorizes the applicant to
18 locate, construct, operate, and maintain the high-speed rail
19 transportation system facilities subject only to the
20 conditions of certification and to all nonprocedural standards
21 or regulations of any agency specified therein, unless a
22 variance to such requirements or any requirements and
23 conditions of the certification is granted by the siting
24 board. The certification may include conditions that
25 constitute variances and exemptions, otherwise allowed by law,
26 from nonprocedural standards or rules of any other agency,
27 which conditions were expressly considered during the
28 proceeding, unless there is a waiver by the agency as provided
29 in this subsection, and which conditions otherwise would be
30 applicable to the location, construction, operation, and
31 maintenance of the high-speed rail transportation system
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1 facilities. The conditions of the certification relative to
2 the actual operation of the train, including, but not limited
3 to, train speed, control, vibration, electrification systems,
4 rail structures, vehicles, safety, noise, or noise barriers,
5 take precedence over any inconsistent nonprocedural standards,
6 rules, or local regulations of any agency of the State of
7 Florida, any municipality, or any political subdivision. Each
8 party shall notify the applicant and other parties at least 30
9 days prior to the certification hearing of any nonprocedural
10 requirement not specifically listed in the application from
11 which a variance or exception is necessary in order for the
12 board to certify any corridor proposed for certification.
13 (4)(a) Pursuant to specific conditions contained in
14 the final order granting certification, the applicant may be
15 required to file site-specific technical data after the
16 issuance of the certification in order to allow agencies to
17 monitor compliance with the conditions of the certification
18 and to provide reasonable assurance that previously identified
19 substantive agency standards will be met.
20 (b) Since the site of the high-speed rail
21 transportation system will have been established by
22 certification, the issue of postcertification approval or
23 denial is limited to the technical merits of providing
24 reasonable assurance of compliance with conditions of
25 certification, but not to the location of the system or any
26 portion thereof. Construction may occur on other components of
27 the facility prior to action on postcertification review
28 conditions so long as no construction occurs which will affect
29 the feature or component at issue. The agency having
30 jurisdiction of the matter at issue shall review construction
31
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1 plans to determine whether such construction will or will not
2 affect the feature or component at issue.
3 (c) With respect to the rail transportation system,
4 the siting board may delegate to the Department of
5 Environmental Protection the authority to approve or deny
6 construction or operation plans submitted pursuant to a
7 condition of certification which are submitted after the award
8 of certification.
9 (5) With respect to the high-speed rail transportation
10 system, the certification may exempt the applicant from any
11 license, permit, certificate, or similar document required by
12 any agency pursuant to, but not limited to, chapter 125,
13 chapter 161, chapter 163, chapter 166, chapter 253, chapter
14 258, chapter 298, chapter 370, chapter 373, chapter 380,
15 chapter 381, chapter 388, chapter 403, chapter 404, or the
16 Florida Transportation Code. On the award of the
17 certification, any license, easement, or other interest in
18 state lands, except those lands the titles of which are vested
19 in the Board of Trustees of the Internal Improvement Trust
20 Fund, shall be issued by the appropriate agency as a
21 ministerial act. The applicant shall be required to seek any
22 necessary interest in state lands the titles to which are
23 vested in the Board of Trustees of the Internal Improvement
24 Trust Fund from the board of trustees before or during the
25 certification proceeding. However, in any proceeding before
26 the Board of Trustees of the Internal Improvement Trust Fund
27 in which proceeding the applicant is seeking a necessary
28 interest in state lands, neither the applicant nor any party
29 to the certification proceeding may directly or indirectly
30 raise or relitigate a matter which was or could have been an
31 issue in the franchise or certification proceeding; but the
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1 information presented in the certification proceeding shall be
2 available for review by the board of trustees and its staff.
3 (6) A term or condition of certification may not be
4 interpreted to preclude the postcertification exercise by any
5 party of whatever procedural rights the party may have under
6 chapter 120, including those rights related to rulemaking
7 proceedings.
8 (7) The issuance of a final order granting
9 certification is a final agency action appealable under s.
10 120.68.
11 Section 36. Section 341.855, Florida Statutes, is
12 created to read:
13 341.855 Associated development.--
14 (1) The authority or an applicant, alone or as part of
15 a joint development, may undertake any associated development
16 included in the certification.
17 (2) To be eligible for inclusion in the certification,
18 an associated development must:
19 (a) Be proposed by the applicant;
20 (b) Be adjacent to or physically connected to a
21 transit station having pedestrian ingress to and egress from
22 the station;
23 (c) Be a source of revenue for the establishment,
24 construction, operation, or maintenance of the rail line or
25 the operation and maintenance of service;
26 (d) Be consistent with applicable local government
27 comprehensive plans and local land development regulations;
28 and
29 (e) Otherwise be in compliance with the provisions of
30 ss. 341.82-341.858.
31
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1 (4) Sections 341.82-341.858 do not prohibit the
2 applicant or a party to a joint venture with the applicant
3 from obtaining any permit, license, agency approval, or other
4 similar action pursuant to any other law, for any associated
5 development that has been determined to be reasonably related
6 to the high-speed rail transportation system.
7 Section 37. Section 341.856, Florida Statutes, is
8 created to read:
9 341.856 Recording of notice of certified corridor
10 route.--Within 60 days after the award of certification for a
11 high-speed rail transportation system pursuant to ss.
12 341.82-341.858, the department shall, in accordance with s.
13 28.222, file a notice of the certified route with the clerk of
14 the circuit court for each county through which the corridor
15 will pass. The notice must consist of maps or aerial
16 photographs on the scale of 1:24,000 that clearly show the
17 location of the certified route, and the notice must state
18 that the certification of the corridor will result in the
19 acquisition of rights-of-way within the corridor. Each clerk
20 shall record and maintain the filing of the notice in the
21 official record of the county until the certification expires
22 or until the applicant certifies to the clerk that all lands
23 required for the high-speed rail transportation system
24 rights-of-way within the corridor have been acquired within
25 such county, whichever event occurs first. The recording of
26 this notice does not constitute a lien, cloud, or encumbrance
27 on real property.
28 Section 38. Section 341.857, Florida Statutes, is
29 created to read:
30 341.857 Modification of certification.--
31
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1 (1) Certification may be modified in any one of the
2 following ways:
3 (a) Upon its own motion, the department may initiate
4 proceedings to modify specific conditions in the certification
5 when the modification is deemed essential for the protection
6 of the public health, safety, or welfare.
7 (b) The applicant who has been granted or otherwise
8 holds a certification may request modification of
9 certification at any time.
10 (2) If no party to the certification proceeding
11 objects in writing to the proposed modification within 30 days
12 after notice mailed to the last address of record, and if no
13 other person whose substantial interest is affected by the
14 modifications objects in writing within 30 days after the
15 issuance of public notice, the department may modify the terms
16 and conditions of the certification.
17 (3) If the modification affects lands located within
18 the jurisdiction of a local government, notice of the
19 modification shall be provided to the governing body of said
20 local government.
21 (4) If the department finds that the modification
22 request requires no changes or additions to the terms and
23 conditions in the certification, then within 60 days after
24 publication of notice of the modification request the
25 department shall issue a final order approving the
26 modification request. The order shall modify the terms and
27 conditions of the certification, provided that:
28 (a) No written objection has been filed pursuant to
29 subsection (2);
30 (b) The department has considered the criteria
31 contained in s. 341.82-341.858; and
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1 (c) The department, based on the record presented,
2 concludes that the modification request should be granted.
3 (5) If the parties to the certification proceeding are
4 not able to reach a mutual written agreement on any
5 modification of the certification, the applicant may file a
6 petition for modification with the Department of Environmental
7 Protection. The petition must set forth:
8 (a) The proposed modification;
9 (b) The factual reasons asserted for the modification;
10 and
11 (c) The anticipated additional environmental effects
12 of the proposed modification.
13 (6) If the proposed modification requires changes or
14 additions to the terms and conditions in the certification,
15 the siting board must make final disposition of the petition,
16 unless otherwise agreed in writing by all parties. The
17 department is responsible for processing the petition in
18 accordance with chapter 120 and, if necessary, presenting the
19 matter to the siting board for final disposition.
20 (7) The effect of the department's final order
21 modifying the terms and conditions of the certification shall
22 be that the terms and conditions of the final order are
23 incorporated into and made a part of the terms and conditions
24 of the certification as if granted by the original award of
25 franchise.
26 (8) The terms and conditions of a final order of the
27 board on a proposed modification shall be incorporated into
28 and made a part of the terms and conditions of certification.
29 Section 39. Subsection (10) of section 288.109,
30 Florida Statutes, is amended to read:
31 288.109 One-Stop Permitting System.--
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1 (10) Notwithstanding any other provision of law or
2 administrative rule to the contrary, the fee imposed by a
3 state agency or water management district for issuing a
4 development permit shall be waived for a 6-month period
5 beginning on the date the state agency or water management
6 district begins accepting development permit applications over
7 the Internet and the applicant submits the development permit
8 to the agency or district using the One-Stop Permitting
9 System. The 6-month fee waiver shall not apply to development
10 permit fees assessed by the Electrical Power Plant Siting Act,
11 ss. 403.501-403.519; the Transmission Line Siting Act, ss.
12 403.52-403.5365; the statewide Multi-purpose Hazardous Waste
13 Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas
14 Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed
15 Rail Transportation Siting Act, ss. 341.3201-341.386.
16 Section 40. Subsection (6) of section 334.30, Florida
17 Statutes, is amended to read:
18 334.30 Private transportation facilities.--The
19 Legislature hereby finds and declares that there is a public
20 need for rapid construction of safe and efficient
21 transportation facilities for the purpose of travel within the
22 state, and that it is in the public's interest to provide for
23 the construction of additional safe, convenient, and
24 economical transportation facilities.
25 (6) Notwithstanding s. 341.327, A fixed-guideway
26 transportation system authorized by the department to be
27 wholly or partially within the department's right-of-way
28 pursuant to a lease granted under s. 337.251 may operate at
29 any safe speed.
30 Section 41. Subsection (9) of section 337.251, Florida
31 Statutes, is amended to read:
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1 337.251 Lease of property for joint public-private
2 development and areas above or below department property.--
3 (9) Notwithstanding s. 341.327, A fixed-guideway
4 transportation system authorized by the department to be
5 wholly or partially within the department's right-of-way
6 pursuant to a lease granted under this section may operate at
7 any safe speed.
8 Section 42. Section 341.501, Florida Statutes, is
9 amended to read:
10 341.501 High-technology transportation systems; joint
11 project agreement or assistance.--Notwithstanding any other
12 provision of law, the Department of Transportation may enter
13 into a joint project agreement with, or otherwise assist,
14 private or public entities, or consortia thereof, to
15 facilitate the research, development, and demonstration of
16 high-technology transportation systems, including, but not
17 limited to, systems using magnetic levitation technology. The
18 provisions of the Florida High-Speed Rail Transportation Act,
19 ss. 341.3201-341.386, do not apply to actions taken under this
20 section, and The department may, subject to s. 339.135,
21 provide funds to match any available federal aid for
22 effectuating the research, development, and demonstration of
23 high-technology transportation systems.
24 Section 43. Subsection (3) of section 206.46, Florida
25 Statutes, is amended to read:
26 206.46 State Transportation Trust Fund.--
27 (3) Through fiscal year 1999-2000, a minimum of 14.3
28 percent of all state revenues deposited into the State
29 Transportation Trust Fund shall be committed annually by the
30 department for public transportation projects in accordance
31 with chapter 311, ss. 332.003-332.007, chapter 341, and
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1 chapter 343. Beginning In fiscal year 2000-2001, and each year
2 thereafter, a minimum of 15 percent of all state revenues
3 deposited into the State Transportation Trust Fund shall be
4 committed annually by the department for public transportation
5 projects in accordance with chapter 311, ss. 332.003-332.007,
6 chapter 341, and chapter 343. Beginning in fiscal year
7 2001-2002, and each year thereafter, a minimum of 15 percent
8 of all state revenues deposited into the State Transportation
9 Trust Fund shall be committed annually by the department for
10 public transportation projects in accordance with chapter 311,
11 ss. 332.003-332.007, chapter 341, and chapter 343, and a
12 minimum of 82 percent of all state revenues deposited into the
13 State Transportation Trust Fund shall be committed annually by
14 the department for transportation projects other than public
15 transportation projects described in chapter 311, ss.
16 332.003-332.007, chapter 341, and chapter 343.
17 Section 44. There is appropriated from funds within
18 the State Transportation Trust Fund designated for the
19 Transportation Outreach Program (TOP) by section 339.137,
20 Florida Statutes, to the Florida High-Speed Rail Authority the
21 sum of $35 million for fiscal year 2001-2002 to assist in the
22 implementation of the purpose of Section 19, Article X of the
23 State Constitution, which requires the state to develop,
24 finance, construct, and operate an intrastate high-speed rail
25 system. In the event that section 339.137, Florida Statutes,
26 is repealed, the sum of $35 million for fiscal year 2001-2002
27 is appropriated from funds within the State Transportation
28 Trust Fund committed by the Department of Transportation for
29 public transportation projects in accordance with chapter 341,
30 Florida Statutes, as provided in section 206.46(3), Florida
31
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1 Statutes, to the Florida High-Speed Rail Authority for the
2 purposes set forth in this section.
3 Section 45. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2002-2003 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 46. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2003-2004 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 47. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2004-2005 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 48. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2005-2006 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 49. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2006-2007 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 50. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2007-2008 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 51. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2008-2009 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 52. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2009-2010 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 53. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2010-2011 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 54. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2011-2012 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 55. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2012-2013 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 56. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2013-2014 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 57. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2014-2015 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 58. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2015-2016 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 59. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2016-2017 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 60. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2017-2018 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 61. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2018-2019 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 62. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2019-2020 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 63. There is appropriated from funds within
4 the State Transportation Trust Fund committed by the
5 Department of Transportation for public transportation
6 projects in accordance with chapter 341, Florida Statutes, as
7 provided in section 206.46(3), Florida Statutes, to the
8 Florida High-Speed Rail Authority the sum of $70 million for
9 fiscal year 2020-2021 to assist in the implementation of the
10 purpose of Section 19, Article X of the State Constitution,
11 which requires the state to develop, finance, construct, and
12 operate an intrastate high-speed rail system.
13 Section 64. There is appropriated from funds within
14 the State Transportation Trust Fund committed by the
15 Department of Transportation for public transportation
16 projects in accordance with chapter 341, Florida Statutes, as
17 provided in section 206.46(3), Florida Statutes, to the
18 Florida High-Speed Rail Authority the sum of $70 million for
19 fiscal year 2021-2022 to assist in the implementation of the
20 purpose of Section 19, Article X of the State Constitution,
21 which requires the state to develop, finance, construct, and
22 operate an intrastate high-speed rail system.
23 Section 65. There is appropriated from funds within
24 the State Transportation Trust Fund committed by the
25 Department of Transportation for public transportation
26 projects in accordance with chapter 341, Florida Statutes, as
27 provided in section 206.46(3), Florida Statutes, to the
28 Florida High-Speed Rail Authority the sum of $70 million for
29 fiscal year 2022-2023 to assist in the implementation of the
30 purpose of Section 19, Article X of the State Constitution,
31
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1 which requires the state to develop, finance, construct, and
2 operate an intrastate high-speed rail system.
3 Section 66. Sections 341.3201, 341.321, 341.322,
4 341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,
5 341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,
6 341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,
7 341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,
8 341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,
9 341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,
10 341.381, 341.382, 341.383, and 341.386, Florida Statutes, are
11 repealed.
12 Section 67. This act shall take effect upon becoming a
13 law.
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1 *****************************************
2 LEGISLATIVE SUMMARY
3 Creates the "Florida High-Speed Rail Authority Act."
Provides legislative findings, policy, purpose, and
4 intent with respect to the development, financing,
construction, and operation of an intrastate high-speed
5 rail transportation system.
6
Creates the Florida High-Speed Rail Authority. Provides
7 membership, terms, organization, compensation, and powers
and duties of the authority. Provides for payment of
8 expenses incurred under the act. Requires the authority
to designate local areas of the state to be served by the
9 intrastate high-speed rail transportation system and
provides for the sequence of system construction.
10
11 Creates high-speed rail alignment advisory committees.
Provides purpose, membership, and organization of the
12 advisory committees.
13
Authorizes the authority to fix, revise, charge, and
14 collect rates, rents, fees, charges, and revenues, and to
enter into contracts, to finance intrastate high-speed
15 rail transportation system projects. Provides that
specified revenues be set aside in a sinking fund.
16 Authorizes the authority to issue revenue bonds for any
corporate purpose. Authorizes the authority to issue
17 refunding bonds. Provides for validity of bonds and
validation proceedings. Provides remedies of bondholders.
18 Provides tax exemptions for property acquired or used by
the authority, bonds issued by the authority, or
19 specified income and provides an exception. Pledges the
agreement of the state not to limit or alter the rights
20 vested in the authority. Exempts powers of the authority
from specified supervision, regulation, approval, or
21 consent. Provides pledge of the state not to restrict
certain rights of the authority. Requires annual reports
22 by the authority.
23
Provides for powers and duties of the Department of
24 Environmental Protection with respect to the act.
Provides requirements of the Department of Environmental
25 Protection with respect to certification procedures.
Provides procedures for review of certification
26 applications. Provides for alteration of time limitations
specified by the act. Provides for certification
27 hearings. Provides for effect of certification.
Authorizes the exemption of franchisees from specified
28 licenses, permits, certificates, and similar agency
documents. Requires applicants to seek necessary
29 interests in specified state lands. Authorizes the
authority or an applicant to undertake any associated
30 development included in the certification. Requires the
department to file notice of a certified corridor route.
31 Authorizes the department to modify the terms and
conditions of certification or franchise and provides
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1 procedure for modification.
2
Beginning in fiscal year 2001-2002, and each year
3 thereafter, revises the distribution of state revenues
deposited in the State Transportation Trust Fund to
4 specify that a minimum of 82 percent of all such revenues
shall be committed annually by the department for
5 transportation projects other than public transportation
projects currently designated to receive funding.
6
7 Appropriates $35 million for the Florida High-Speed Rail
Authority for fiscal years 2001-2002. Appropriates $70
8 million per year for fiscal years 2002-2003 through
2022-2023.
9
10 Repeals ss. 341.3201-341.386, F.S., the "Florida
High-Speed Rail Transportation Act."
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