House Bill hb1515

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                HB 1515

        By Representatives Ross, Dockery, Ritter, Greenstein,
    Murman, Negron, Gottlieb, Argenziano, Clarke, Holloway,
    Cusack, Attkisson, Bowen, Smith, Sobel, Garcia, Lee, Flanagan,
    Lacasa and Farkas



  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         341.8201, F.S.; providing a short title;

  6         creating s. 341.8202, F.S.; providing

  7         legislative findings, policy, purpose, and

  8         intent with respect to the development, design,

  9         financing, construction, and operation of a

10         high-speed rail system in the state; creating

11         s. 341.8203, F.S.; providing definitions;

12         amending s. 341.821, F.S., relating to the

13         creation of the Florida High-Speed Rail

14         Authority; removing obsolete provisions;

15         providing that the authority is created as an

16         enterprise; amending s. 341.822, F.S.; revising

17         and providing additional powers and duties of

18         the authority; amending s. 341.823, F.S.;

19         revising the criteria for assessment and

20         recommendations with respect to the

21         establishment of the high-speed rail system;

22         amending s. 341.824, F.S.; specifying types of

23         technical, scientific, or other assistance to

24         be provided by the Department of Community

25         Affairs and the Department of Environmental

26         Protection; creating s. 341.825, F.S.;

27         providing for sole and exclusive determination

28         of need for the high-speed rail system

29         established pursuant to the act; creating s.

30         341.826, F.S.; providing that the power of the

31         authority to establish high-speed rail systems

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         in the state is exclusive; creating s. 341.827,

  2         F.S.; providing for determination of service

  3         areas and the order of system segment

  4         construction; creating s. 341.828, F.S.;

  5         authorizing the authority to select a route

  6         alignment for the system and to utilize

  7         existing permitting processes in such selection

  8         process; providing sole responsibility to the

  9         authority for the adoption of final alignment;

10         creating s. 341.829, F.S.; requiring the

11         authority, in conjunction with the Executive

12         Office of the Governor, the Department of

13         Community Affairs, and the Department of

14         Environmental Protection, to develop and

15         implement a process to mitigate and resolve

16         conflicts between the system and growth

17         management requirements and environmental

18         standards; providing time limits for the filing

19         of and response to specified complaints;

20         creating s. 341.830, F.S.; authorizing the

21         authority to employ specified procurement

22         methods; providing for the adoption of rules;

23         authorizing the authority to procure

24         commodities and services for the designing,

25         building, financing, maintenance, operation,

26         and implementation of a high-speed rail system;

27         creating s. 341.831, F.S.; authorizing the

28         authority to prequalify interested persons or

29         entities prior to seeking proposals for the

30         design, construction, operation, maintenance,

31         and financing of the high-speed rail system;

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         providing for the establishment of qualifying

  2         criteria; creating s. 341.832, F.S.;

  3         authorizing the authority to develop and

  4         execute a request for qualifications process;

  5         creating s. 341.833, F.S.; authorizing the

  6         authority to develop and execute a request for

  7         proposals process to seek a person or entity to

  8         design, build, operate, maintain, and finance a

  9         high-speed rail system; creating s. 341.834,

10         F.S.; providing that the award of a contract by

11         the authority is the sole authority for the

12         person or entity selected to establish a

13         high-speed rail system; providing for award of

14         a conditional contract; providing contract

15         requirements; prohibiting transfer of system

16         property without written approval; creating s.

17         341.835, F.S.; authorizing the authority to

18         purchase, lease, exchange, or acquire land,

19         property, or buildings necessary to secure or

20         utilize rights-of-way for high-speed rail

21         system facilities; providing the authority with

22         the power of eminent domain; providing that the

23         authority is not subject to specified

24         liability; authorizing the authority and the

25         Department of Environmental Protection to enter

26         into certain interlocal agreements; requiring

27         the Department of Transportation to grant

28         specified easements; creating s. 341.836, F.S.;

29         authorizing the authority to undertake the

30         development of associated developments;

31         providing requirements of associated

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         developments; creating s. 341.837, F.S.;

  2         providing for payment of expenses incurred in

  3         carrying out the act; creating s. 341.838,

  4         F.S.; authorizing the authority to fix, revise,

  5         charge, collect, and adjust rates, rents, fees,

  6         charges, and revenues, and to enter into

  7         contracts; providing for annual review by the

  8         authority of rates, rents, fees, and charges;

  9         providing for uses of revenues; creating s.

10         341.839, F.S.; providing that the act is

11         supplemental and additional to powers conferred

12         by other laws; exempting powers of the

13         authority from specified supervision,

14         regulation, approval, or consent; creating s.

15         341.840, F.S.; providing tax exemptions for

16         property acquired or used by the authority or

17         specified income; creating s. 341.841, F.S.;

18         requiring the authority to prepare and submit a

19         report; providing for an annual audit; creating

20         s. 341.842, F.S.; providing construction of the

21         act; creating s. 341.843, F.S.; providing that

22         inconsistent provisions of other laws are

23         superseded; amending s. 288.109, F.S.; removing

24         a cross reference; amending s. 334.30, F.S.;

25         removing a cross reference; amending s.

26         337.251, F.S.; removing a cross reference;

27         amending s. 341.501, F.S.; providing that

28         specified actions do not apply to the Florida

29         High-Speed Rail Authority Act; providing an

30         appropriation from funds designated for the

31         Transportation Outreach Program to the Florida

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         High-Speed Rail Authority to assist in the

  2         implementation of the act; providing a

  3         contingent appropriation; repealing s.

  4         341.3201, F.S., relating to the short title for

  5         ss. 341.3201-341.386, F.S., the "Florida

  6         High-Speed Rail Transportation Act"; repealing

  7         s. 341.321, F.S., relating to legislative

  8         findings, policy, purpose, and intent with

  9         respect to the development of a high-speed rail

10         transportation system connecting the major

11         urban areas of the state; repealing s. 341.322,

12         F.S., relating to definitions of terms;

13         repealing s. 341.325, F.S., relating to special

14         powers and duties of the Department of

15         Transportation; repealing s. 341.327, F.S.,

16         which provides that the Florida High-Speed Rail

17         Transportation Act is the sole and exclusive

18         determination of need for any high-speed rail

19         transportation system established under the

20         act, thereby preempting specified

21         determinations of need; repealing s. 341.329,

22         F.S., relating to the issuance of bonds to

23         finance a high-speed rail transportation

24         system; repealing s. 341.331, F.S., relating to

25         designation of the areas of the state to be

26         served by the high-speed rail transportation

27         system and designation of termini; repealing s.

28         341.332, F.S., relating to the award of

29         franchises by the Department of Transportation

30         to establish a high-speed rail transportation

31         system; repealing s. 341.3331, F.S., relating

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         to request for proposals; repealing s.

  2         341.3332, F.S., relating to notice of issuance

  3         of request for proposals; repealing s.

  4         341.3333, F.S., relating to requirements with

  5         respect to an application for franchise, and

  6         confidentiality of the application and portions

  7         of the application relating to trade secrets;

  8         repealing s. 341.3334, F.S., relating to the

  9         departmental review process of application for

10         franchise; repealing s. 341.3335, F.S.,

11         relating to interagency coordination of

12         franchise application review; repealing s.

13         341.3336, F.S., relating to public meetings on

14         franchise applications; repealing s. 341.3337,

15         F.S., relating to determination and award of

16         franchise; repealing s. 341.3338, F.S.,

17         relating to effect of franchise; repealing s.

18         341.3339, F.S., relating to postfranchise

19         agreements; repealing s. 341.334, F.S.,

20         relating to the powers and duties of the

21         Department of Transportation with respect to

22         the act; repealing s. 341.335, F.S., relating

23         to the powers and duties of the Florida Land

24         and Water Adjudicatory Commission sitting as

25         the board; repealing s. 341.336, F.S., relating

26         to the powers and duties of the Department of

27         Environmental Protection, the Department of

28         Community Affairs, and other affected agencies;

29         repealing s. 341.3365, F.S., relating to

30         certification procedures; repealing s. 341.342,

31         F.S., relating to agreements concerning

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         contents of certification application and

  2         supporting documentation; repealing s. 341.343,

  3         F.S., relating to review of certification

  4         applications; repealing s. 341.344, F.S.,

  5         relating to the establishment, composition,

  6         organization, and duties of the Citizens'

  7         Planning and Environmental Advisory Committee;

  8         repealing s. 341.345, F.S., relating to

  9         alternate corridors or transit station

10         locations; repealing s. 341.346, F.S., relating

11         to the powers and duties of an administrative

12         law judge appointed to conduct hearings under

13         the act; repealing s. 341.3465, F.S., relating

14         to alteration of time limitations specified by

15         the act; repealing s. 341.347, F.S., relating

16         to required combined public meetings and land

17         use and zoning hearings to be conducted by

18         local governments; repealing s. 341.348, F.S.,

19         relating to reports and studies required of

20         various agencies by the act; repealing s.

21         341.351, F.S., relating to publication and

22         contents of notice of certification application

23         and proceedings; repealing s. 341.352, F.S.,

24         relating to certification hearings; repealing

25         s. 341.353, F.S., relating to final disposition

26         of certification applications; repealing s.

27         341.363, F.S., relating to the effect of

28         certification; repealing s. 341.364, F.S.,

29         relating to a franchisee's right to appeal to

30         the Florida Land and Water Adjudicatory

31         Commission under specified circumstances;

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         repealing s. 341.365, F.S., relating to

  2         associated development; repealing s. 341.366,

  3         F.S., relating to recording of notice of

  4         certified corridor route; repealing s. 341.368,

  5         F.S., relating to modification of certification

  6         or franchise; repealing s. 341.369, F.S.,

  7         relating to fees imposed by the department and

  8         the disposition of such fees; repealing s.

  9         341.371, F.S., relating to revocation or

10         suspension of franchise or certification;

11         repealing s. 341.372, F.S., relating to

12         imposition by the department of specified

13         administrative fines in lieu of revocation or

14         suspension of franchise; repealing s. 341.375,

15         F.S., relating to the required participation by

16         women, minorities, and economically

17         disadvantaged individuals in all phases of the

18         design, construction, maintenance, and

19         operation of a high-speed rail transportation

20         system developed under the act, and required

21         plans for compliance by franchisees; repealing

22         s. 341.381, F.S., relating to applicability of

23         the act; repealing s. 341.382, F.S., relating

24         to laws and regulations superseded by the act;

25         repealing s. 341.383, F.S., relating to the

26         authority of local governments to assess

27         specified fees; repealing s. 341.386, F.S.,

28         relating to the admissibility of the award of a

29         franchise and of a certification under the act

30         in eminent domain proceedings; providing

31         effective dates.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  Be It Enacted by the Legislature of the State of Florida:

  2  

  3         Section 1.  Section 341.8201, Florida Statutes, is

  4  created to read:

  5         341.8201  Short title.--Sections 341.8201-341.852 may

  6  be cited as the "Florida High-Speed Rail Authority Act."

  7         Section 2.  Section 341.8202, Florida Statutes, is

  8  created to read:

  9         341.8202  Legislative findings, policy, purpose, and

10  intent.--

11         (1)  The intent of this act is to implement the purpose

12  of s. 19, Art. X of the State Constitution, which directs the

13  State of Florida to develop, design, finance, construct, and

14  operate a high-speed monorail, fixed guideway, or magnetic

15  levitation system, capable of speeds in excess of 120 miles

16  per hour, linking Florida's five largest urban areas, as

17  defined in this act, with construction beginning no later than

18  November 1, 2003. Further, this act promotes the various

19  growth management and environmental protection laws enacted by

20  the Legislature and encourages and enhances the establishment

21  of a high-speed rail system. The Legislature further finds

22  that:

23         (a)  The implementation of a high-speed rail system in

24  the state will result in overall social and environmental

25  benefits, improvements in ambient air quality, better

26  protection of water quality, greater preservation of wildlife

27  habitat, less use of open space, and enhanced conservation of

28  natural resources and energy.

29         (b)  A high-speed rail system, when developed in

30  conjunction with sound land use planning, becomes an integral

31  part in achieving growth management goals and encourages the

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  use of public transportation to augment and implement land use

  2  and growth management goals and objectives.

  3         (c)  Development and utilization of a properly

  4  designed, constructed, and financed high-speed rail system and

  5  associated development can act as a catalyst for economic

  6  growth and development, mitigate unduly long and

  7  traffic-congested commutes for day-to-day commuters, create

  8  new employment opportunities, serve as a positive growth

  9  management system for building a better and more

10  environmentally secure state, and serve a paramount public

11  purpose by promoting the health, safety, and welfare of the

12  citizens of the state.

13         (d)  Transportation benefits of a high-speed rail

14  system include improved travel times and more reliable travel,

15  which will increase productivity and energy efficiency in the

16  state.

17         (2)  The Legislature further finds that:

18         (a)  Access to timely and efficient modes of passenger

19  transportation is necessary for travelers, visitors, and

20  day-to-day commuters, to the quality of life in the state, and

21  to the economy of the state.

22         (b)  Technological advances in the state's

23  transportation system can significantly and positively affect

24  the ability of the state to attract and provide efficient

25  services for domestic and international tourists and therefore

26  increase revenue of the state.

27         (c)  The geography of the state is suitable for the

28  construction and efficient operation of a high-speed rail

29  system.

30         (d)  The public use of the high-speed rail system must

31  be encouraged and assured in order to achieve the public

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  purpose and objectives set forth in this act. In order to

  2  encourage the public use of the high-speed rail system and to

  3  protect the public investment in the system, it is necessary

  4  to provide an environment surrounding each high-speed rail

  5  station which will allow the development of associated

  6  development for the purpose of creating revenue in support of

  7  and for the high-speed rail system, enhance the safe movement

  8  of pedestrians and traffic into and out of the area, ensure

  9  the personal safety of high-speed rail system and related

10  facility users and their personal property while the users are

11  in the area of each station, and eliminate all conditions in

12  the vicinity which constitute economic and social impediments

13  and barriers to the use of the high-speed rail system and

14  associated development.

15         (e)  Areas surrounding certain proposed high-speed rail

16  stations can, as a result of existing conditions, crime, and

17  traffic congestion, pose a serious threat to the use of the

18  high-speed rail system, reduce revenue from users, discourage

19  pedestrian and traffic ingress and egress, retard sound growth

20  and development, impair public investment, and consume an

21  excessive amount of public revenues in the employment of

22  police and other forms of public protection to adequately

23  safeguard the high-speed rail system and its users. Such areas

24  may require redevelopment, acquisition, clearance, or

25  disposition, or joint public and private development to

26  provide parking facilities, retail establishments,

27  restaurants, hotels, or office facilities associated with or

28  ancillary to the high-speed rail system and rail stations and

29  to otherwise provide for an environment that will encourage

30  the use of, and safeguard, the system.

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (f)  The powers conferred by this act are for public

  2  uses and purposes as established by s. 19, Art. X of the State

  3  Constitution for which public funds may be expended and the

  4  power of eminent domain may be exercised, and the necessity in

  5  the public interest for the provisions herein enacted is

  6  hereby declared as a matter of legislative determination to

  7  implement the intent of s. 19, Art. X of the State

  8  Constitution.

  9         (g)  Urban and social benefits include revitalization

10  of economically depressed areas, the redirection of growth in

11  a carefully and comprehensively planned manner, and the

12  creation of numerous employment opportunities within

13  inner-city areas.

14         (h)  The provisions contained in this act are a

15  declaration of legislative intent that the state pursue the

16  development of a high-speed rail system to help solve

17  transportation problems and eliminate their negative effect on

18  the citizens of this state, and therefore serves a public

19  purpose.

20         (i)  Joint development is a necessary planning,

21  financing, management, operation, and construction mechanism

22  to ensure the continued future development of an efficient and

23  economically viable high-speed rail system in this state.

24         (3)  It is the intent of the Legislature to authorize

25  the authority to implement innovative mechanisms required to

26  effect the joint public-private venture approach to planning,

27  locating, permitting, managing, financing, constructing,

28  operating, and maintaining a high-speed rail system for the

29  state, including providing incentives for revenue generation,

30  operation, construction, and management by the private sector.

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         Section 3.  Section 341.8203, Florida Statutes, is

  2  created to read:

  3         341.8203  Definitions.--As used in this act, unless the

  4  context clearly indicates otherwise, the term:

  5         (1)  "Associated development" means property,

  6  equipment, buildings, or other ancillary facilities which are

  7  built, installed, or established to provide financing,

  8  funding, or revenues for the planning, building, managing, and

  9  operation of a high-speed rail system and which are associated

10  with or part of the rail stations. The term includes property,

11  including air rights, necessary for joint development, such as

12  parking facilities, retail establishments, restaurants,

13  hotels, offices, or other commercial, civic, residential, or

14  support facilities, and may also include property necessary to

15  protect or preserve the rail station area by reducing urban

16  blight or traffic congestion or property necessary to

17  accomplish any of the purposes set forth in this subsection

18  which are reasonably anticipated or necessary.

19         (2)  "Authority" means the Florida High-Speed Rail

20  Authority and its agents.

21         (3)  "Central Florida" means the counties of Lake,

22  Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,

23  Hernando, Pasco, Hillsborough, Pinellas, and Polk.

24         (4)  "DBOM contract" means the document and all

25  concomitant rights approved by the authority providing the

26  selected person or entity the exclusive right to design,

27  build, operate, and maintain a high-speed rail system.

28         (5)  "DBOM & F contract" means the document and all

29  concomitant rights approved by the authority providing the

30  selected person or entity the exclusive right to design,

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  build, operate, maintain, and finance a high-speed rail

  2  system.

  3         (6)  "High-speed rail system" means any high-speed

  4  fixed guideway system for transporting people or goods, which

  5  system is capable of operating at speeds in excess of 120

  6  miles per hour, including, but not limited to, a monorail

  7  system, dual track rail system, suspended rail system,

  8  magnetic levitation system, pneumatic repulsion system, or

  9  other system approved by the authority. The term includes a

10  corridor and structures essential to the operation of the

11  line, including the land, structures, improvements,

12  rights-of-way, easements, rail lines, rail beds, guideway

13  structures, stations, platforms, switches, yards, parking

14  facilities, power relays, switching houses, rail stations,

15  associated development, and any other facilities or equipment

16  used or useful for the purposes of high-speed rail system

17  design, construction, operation, maintenance, or the financing

18  of the high-speed rail system.

19         (7)  "Joint development" means the planning, managing,

20  financing, or constructing of projects adjacent to,

21  functionally related to, or otherwise related to a high-speed

22  rail system pursuant to agreements between any person, firm,

23  corporation, association, organization, agency, or other

24  entity, public or private.

25         (8)  "Northeast Florida" means the counties of Nassau,

26  Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.

27         (9)  "Northwest Florida" means the counties of

28  Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,

29  Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,

30  Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,

  2  and Levy.

  3         (10)  "Rail station," "station," or "high-speed rail

  4  station" means any structure or transportation facility that

  5  is part of a high-speed rail system designed to accommodate

  6  the movement of passengers from one mode of transportation to

  7  another at which passengers board or disembark from

  8  transportation conveyances and transfer from one mode of

  9  transportation to another.

10         (11)  "Selected person or entity" means the person or

11  entity to whom the authority awards a contract under s.

12  341.834 to establish a high-speed rail system pursuant to this

13  act.

14         (12)  "Southeast Florida" means the counties of

15  Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,

16  Okeechobee, and Palm Beach.

17         (13)  "Southwest Florida" means the counties of

18  Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,

19  Glades, Lee, Hendry, and Collier.

20         (14)  "Urban areas" means Central Florida, Northeast

21  Florida, Northwest Florida, Southeast Florida, and Southwest

22  Florida.

23         Section 4.  Section 341.821, Florida Statutes, is

24  amended to read:

25         341.821  Florida High-Speed Rail Authority.--

26         (1)  There is created and established a body politic

27  and corporate, an agency of the state, to be known as the

28  "Florida High-Speed Rail Authority," hereinafter referred to

29  as the "authority."

30         (2)(a)  The governing board of the authority shall

31  consist of nine voting members appointed as follows:

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         1.  Three members shall be appointed by the Governor,

  2  one of whom must have a background in the area of

  3  environmental concerns, one of whom must have a legislative

  4  background, and one of whom must have a general business

  5  background.

  6         2.  Three members shall be appointed by the President

  7  of the Senate, one of whom must have a background in civil

  8  engineering, one of whom must have a background in

  9  transportation construction, and one of whom must have a

10  general business background.

11         3.  Three members shall be appointed by the Speaker of

12  the House of Representatives, one of whom must have a legal

13  background, one of whom must have a background in financial

14  matters, and one of whom must have a general business

15  background.

16         (b)  The appointed members shall not be subject to

17  confirmation by the Senate. The initial term of each member

18  appointed by the Governor shall be for 4 years. The initial

19  term of each member appointed by the President of the Senate

20  shall be for 3 years. The initial term of each member

21  appointed by the Speaker of the House of Representatives shall

22  be for 2 years. Succeeding terms for all members shall be for

23  terms of 4 years. Initial appointments must be made within 30

24  days after the effective date of this act.

25         (c)  A vacancy occurring during a term shall be filled

26  by the respective appointing authority in the same manner as

27  the original appointment and only for the balance of the

28  unexpired term. An appointment to fill a vacancy shall be made

29  within 60 days after the occurrence of the vacancy.

30         (d)  The Secretary of Transportation shall be a

31  nonvoting ex officio member of the board.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (e)  The board shall elect one of its members as chair

  2  of the authority. The chair shall hold office at the will of

  3  the board. Five members of the board shall constitute a

  4  quorum, and the vote of five members shall be necessary for

  5  any action taken by the authority. The authority may meet upon

  6  the constitution of a quorum. No vacancy in the authority

  7  shall impair the right of a quorum of the board to exercise

  8  all rights and perform all duties of the authority.

  9         (f)  The members of the board shall not be entitled to

10  compensation but shall be entitled to receive their travel and

11  other necessary expenses as provided in s. 112.061.

12         (3)  Notwithstanding any other law to the contrary, it

13  shall not be or constitute a conflict of interest for a person

14  having a background specified in this section to serve as a

15  member of the authority. However, in each official decision to

16  which this act is applicable, such member's firm or related

17  entity may not have a financial or economic interest nor shall

18  the authority contract with or conduct any business with a

19  member or such member's firm or directly related business

20  entity.

21         (4)  The authority shall be assigned to the Department

22  of Transportation for administrative purposes. The authority

23  shall be a separate budget entity. The Department of

24  Transportation shall provide administrative support and

25  service to the authority to the extent requested by the chair

26  of the authority. The authority shall not be subject to

27  control, supervision, or direction by the Department of

28  Transportation in any manner, including, but not limited to,

29  personnel, purchasing, transactions involving real or personal

30  property, and budgetary matters.

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (5)  To facilitate the most efficient and effective

  2  management, including the use of best management practices

  3  employed by the private sector, the authority is created as an

  4  enterprise and given the responsibility and authority that

  5  provides it with the autonomy and flexibility to enable it to

  6  more easily pursue innovations, as well as best practices in

  7  management, finance, organization, and operations.  The

  8  creation of the authority as an enterprise is intended to

  9  improve cost-effectiveness and timeliness of project delivery,

10  increase revenues, enhance the financial capability of the

11  high-speed rail system, and improve the quality of service to

12  its patrons, while continuing to protect the public and

13  private investment in the system.

14         Section 5.  Section 341.822, Florida Statutes, is

15  amended to read:

16         341.822  Powers and duties.--

17         (1)  The authority created and established by this act

18  shall locate, plan, design, finance, construct, maintain, own,

19  operate, administer, and manage the preliminary engineering

20  and preliminary environmental assessment of the intrastate

21  high-speed rail system in the state., hereinafter referred to

22  as "intrastate high-speed rail."

23         (2)  The authority may exercise all powers granted to

24  corporations under the Florida Business Corporation Act,

25  chapter 607, except the authority may only not incur debt in

26  accordance with the provisions of this act.

27         (3)  The authority shall have perpetual succession as a

28  body politic and corporate.

29         (4)  The authority is authorized to seek and obtain

30  federal matching funds or any other funds to fulfill the

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  requirements of this act either directly or through the

  2  Department of Transportation.

  3         (5)  The authority may employ an executive director,

  4  permanent or temporary, as it may require and shall determine

  5  the qualifications and fix the compensation. The authority may

  6  delegate to one or more of its agents or employees such of its

  7  power as it deems necessary to carry out the purposes of this

  8  act, subject always to the supervision and control of the

  9  authority.

10         (6)  The authority may exercise all powers necessary,

11  appurtenant, convenient, or incidental to carrying out the

12  purposes enumerated in subsection (1), including, but not

13  limited to, the rights and powers to:

14         (a)  Enforce collection of rates, fees, and charges,

15  and to establish and enforce fines and penalties for any

16  violation of rules.

17         (b)  Advertise and promote high-speed rail systems,

18  associated development, and activities of the authority.

19         (c)  Accept funds, donations, or contributions of

20  lands, buildings, or other real or personal property from

21  other governmental sources, and accept private donations.

22         (d)  Purchase, by directly contracting with local,

23  national, or international insurance companies, liability

24  insurance that the authority is contractually and legally

25  obligated to provide, notwithstanding the requirements of s.

26  287.022(1).

27         (e)  Sell name rights for high-speed rail stations and

28  other related facilities owned by the authority to corporate

29  or individual sponsors.

30         (f)  Adopt rules pursuant to ss. 120.536(1) and 120.54

31  as necessary to carry out the purposes of this act.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (7)  The authority may:

  2         (a)  Make and execute agreements, leases, as lessee or

  3  as lessor, contracts, deeds, and other instruments necessary

  4  or convenient in the exercise of the powers and functions of

  5  the authority under this act, including contracts with

  6  persons, firms, corporations, federal and state agencies, and

  7  other authorities authorized to enter into contracts and

  8  otherwise cooperate with the authority to facilitate the

  9  construction, leasing, or sale of the system;

10         (b)  Engage in sale-leaseback, lease-purchase,

11  lease-leaseback, design-build, design build operate and

12  maintain (DBOM), design build operate maintain and finance

13  (DBOM & F), or other undertakings, and provide for the sale of

14  certificates of participation incident thereto; and

15         (c)  Enter into interlocal agreements in the manner

16  provided in s. 163.01.

17         (8)  It is the express intent of this act that the

18  authority be authorized, pursuant to provisions of this act,

19  to plan, develop, own, purchase, lease, or otherwise acquire,

20  demolish, construct, improve, relocate, equip, repair,

21  maintain, operate, and manage a high-speed rail system and

22  associated development, and to establish and determine such

23  policies as may be necessary for the best interests of the

24  operation and promotion of a high-speed rail system.

25         Section 6.  Section 341.823, Florida Statutes, is

26  amended to read:

27         341.823  Criteria for assessment and recommendations.--

28         (1)  The following criteria shall apply to the

29  establishment of the high-speed rail system in developing the

30  preliminary engineering, preliminary environmental assessment,

31  and recommendations required by this act:

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (a)  The system shall be capable of traveling speeds in

  2  excess of 120 miles per hour consisting of dedicated rails or

  3  guideways separated from motor vehicle traffic;

  4         (b)  The initial segments of the system will be

  5  developed and operated between the St. Petersburg area, the

  6  Tampa area, and the Orlando area, with future service to the

  7  Miami area;

  8         (c)  The authority is to develop a program model that

  9  uses, to the maximum extent feasible, nongovernmental sources

10  of funding for the design, construction, maintenance, and

11  operation, and financing of the system;

12         (2)  The authority shall establish requirements make

13  recommendations concerning:

14         (a)  The format and types of information that must be

15  included in a financial or business plan for the high-speed

16  rail system, and the authority may develop that financial or

17  business plan;

18         (b)  The preferred routes between the cities and urban

19  areas designated in accordance with s. 341.8203 in paragraph

20  (1)(b);

21         (c)  The preferred locations for the stations in the

22  cities and urban areas designated in accordance with s.

23  341.8203 in paragraph (1)(b);

24         (d)  The preferred locomotion technology to be employed

25  from constitutional choices of monorail, fixed guideway, or

26  magnetic levitation; and

27         (e)  Any changes that may be needed in state statutes

28  or federal laws which would make the proposed system eligible

29  for available federal funding; and

30         (e)(f)  Any other issues the authority deems relevant

31  to the development of a high-speed rail system.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (3)  When preparing the operating plan, the authority

  2  shall include:

  3         (a)  The frequency of service between the cities

  4  designated in paragraph (1)(b);

  5         (b)  The proposed fare structure for passenger and

  6  freight service;

  7         (c)  Proposed trip times, system capacity, passenger

  8  accommodations, and amenities;

  9         (d)  Methods to ensure compliance with applicable

10  environmental standards and regulations;

11         (e)  A marketing plan, including strategies that can be

12  employed to enhance the utilization of the system;

13         (f)  A detailed planning-level ridership study;

14         (g)  Consideration of nonfare revenues that may be

15  derived from:

16         1.  The sale of development rights at the stations;

17         2.  License, franchise, and lease fees;

18         3.  Sale of advertising space on the trains or in the

19  stations; and

20         4.  Any other potential sources deemed appropriate.

21         (h)  An estimate of the total cost of the entire

22  system, including, but not limited to, the costs to:

23         1.  Design and build the stations and monorail, fixed

24  guideway, or magnetic levitation system;

25         2.  Acquire any necessary rights-of-way;

26         3.  Purchase or lease rolling stock and other equipment

27  necessary to build, operate, and maintain the system.

28         (i)  An estimate of the annual operating and

29  maintenance costs for the system and all other associated

30  expenses.

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (j)  An estimate of the value of assets the state or

  2  its political subdivisions may provide as in-kind

  3  contributions for the system, including rights-of-way,

  4  engineering studies performed for previous high-speed rail

  5  initiatives, land for rail stations and necessary maintenance

  6  facilities, and any expenses that may be incurred by the state

  7  or its political subdivisions to accommodate the installation

  8  of the system.

  9         (k)  An estimate of the funding required per year from

10  state funds for the next 30 years for operating the preferred

11  routes between the cities designated in paragraph (1)(b).

12  

13  Whenever applicable and appropriate, the authority will base

14  estimates of projected costs, expenses, and revenues on

15  documented expenditures or experience derived from similar

16  projects.

17         Section 7.  Section 341.824, Florida Statutes, is

18  amended to read:

19         341.824  Technical, scientific, or other assistance.--

20         (1)  The Florida Transportation Commission, the

21  Department of Community Affairs, and the Department of

22  Environmental Protection shall, at the authority's request,

23  provide technical, scientific, or other assistance.

24         (2)  The Department of Community Affairs shall, if

25  requested, provide assistance to local governments in

26  analyzing the land use and comprehensive planning aspects of

27  the high-speed rail system. The Department of Community

28  Affairs shall assist the authority with the resolution of any

29  conflicts between the system and adopted local comprehensive

30  plans.

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (3)  The Department of Environmental Protection shall,

  2  if requested, provide assistance to local governments and

  3  other permitting agencies in analyzing the environmental

  4  aspects of the high-speed rail system. The Department of

  5  Environmental Protection shall assist the authority and the

  6  contractor in expediting the approval of the necessary

  7  environmental permits for the system.

  8         Section 8.  Section 341.825, Florida Statutes, is

  9  created to read:

10         341.825  Preemption; sole and exclusive determination

11  of need for the high-speed rail transportation system.--Upon

12  the adoption of s. 19, Art. X of the State Constitution and

13  the legislative findings set forth in this act, the State of

14  Florida preempts by this act any question, issue, or

15  determination that the high-speed rail system is needed or is

16  in the public interest.  The Legislature expressly mandates,

17  on these bases, the need for high-speed rail transportation in

18  order to effect the public purposes of s. 19, Art. X of the

19  State Constitution and this act is the sole and exclusive

20  determination of need for any high-speed rail system

21  established pursuant to this act, thereby preempting the

22  determination of need and the necessity of assessing or

23  weighing need with the impacts of any high-speed rail system.

24         Section 9.  Section 341.826, Florida Statutes, is

25  created to read:

26         341.826  Exclusivity.--The authority shall have the

27  exclusive power to establish high-speed rail systems in the

28  State of Florida and no high-speed rail system may be

29  authorized, financed, constructed, or operated other than

30  pursuant to the provisions of this act.

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         Section 10.  Section 341.827, Florida Statutes, is

  2  created to read:

  3         341.827  Service areas; segment designation.--

  4         (1)  The authority shall determine in which order the

  5  service areas, as designated by the Legislature, will be

  6  served by the high-speed rail system.

  7         (2)  The authority, in conjunction with the local

  8  government having jurisdiction over the affected area, shall

  9  designate stations to serve the designated service areas.

10         (3)  The authority shall plan and develop the

11  high-speed rail system so that construction proceeds as

12  follows:

13         (a)  The initial segments of the system shall be

14  developed and operated between the St. Petersburg area, the

15  Tampa area, the Lakeland/Winter Haven area, and the Orlando

16  area, with future service to the Miami area.

17         (b)  Construction of subsequent segments of the

18  high-speed rail system shall connect the metropolitan areas of

19  Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.

20  Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.

21  Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,

22  Tallahassee, and Pensacola.

23         (c)  Selection of segments of the high-speed rail

24  system to be constructed subsequent to the initial segments of

25  the system shall be prioritized by the authority, giving

26  consideration to the demand for service, financial

27  participation by local governments, financial participation by

28  the private sector, and the available financial resources of

29  the authority.

30         Section 11.  Section 341.828, Florida Statutes, is

31  created to read:

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         341.828  Route alignment selection.--

  2         (1)  The authority is authorized to select a route

  3  alignment for the high-speed rail system and, for the purposes

  4  of permitting, may utilize one or more permitting processes

  5  provided for in statute, including, but not limited to, the

  6  metropolitan planning organization long-range transportation

  7  planning process as defined in s. 339.175 (6) and (7), in

  8  conjunction with the Department of Transportation's work

  9  program process as defined in s. 339.135, or any permitting

10  process now in effect or that may be in effect at the time of

11  permitting and will provide the most timely and cost-effective

12  permitting process.

13         (2)  The authority shall work in cooperation with

14  metropolitan planning organizations in areas where the

15  high-speed rail system will be located. The metropolitan

16  planning organizations shall cooperate with the authority and

17  include the high-speed rail system alignment within their

18  adopted long-range transportation plans and transportation

19  improvement programs for the purposes of providing public

20  information, consistency with the plans, and receipt of

21  federal and state funds by the authority to support the

22  high-speed rail system.

23         (3)  For purposes of selecting a route alignment, the

24  authority may use the project development and environment

25  study process, including the efficient transportation

26  decisionmaking system process as adopted by the Department of

27  Transportation. The authority has the sole responsibility to

28  adopt the final alignment for the high-speed rail system. The

29  high-speed rail system is considered to be a compelling state

30  interest and, as such, the authority's decision on the system

31  alignment is final.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         Section 12.  Section 341.829, Florida Statutes, is

  2  created to read:

  3         341.829  Conflict prevention, mitigation, and

  4  resolution.--

  5         (1)  The authority, in conjunction with the Executive

  6  Office of the Governor, the Department of Community Affairs,

  7  and the Department of Environmental Protection, shall develop

  8  and implement, within 180 days after the effective date of

  9  this act, a process to prevent, mitigate, and resolve, to the

10  maximum extent feasible, any conflicts or potential conflicts

11  of a high-speed rail system with growth management

12  requirements and environmental standards.

13         (2)  Any person who disagrees with the final alignment

14  decision of the authority must file a complaint with the

15  authority within 20 days after the authority's final adoption

16  of the alignment.

17         (3)  The authority must respond to any timely filed

18  complaint within 60 days after the complaint is filed with the

19  authority.

20         Section 13.  Section 341.830, Florida Statutes, is

21  created to read:

22         341.830  Procurement.--

23         (1)  The authority may employ procurement methods under

24  chapters 255, 287, and 337 and under any rule adopted under

25  such chapters.  To enhance the effective and efficient

26  operation of the authority, and to enhance the ability of the

27  authority to use best business practices, the authority may,

28  pursuant to ss. 120.536(1) and 120.54, adopt rules for and

29  employ procurement methods available to the private sector.

30         (2)  The authority is authorized to procure commodities

31  and the services of a qualified person or entity to design,

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  build, finance, operate, maintain, and implement a high-speed

  2  rail system, including the use of a DBOM or DBOM & F method

  3  using a request for proposal, a request for qualifications, or

  4  an invitation to negotiate.

  5         Section 14.  Section 341.831, Florida Statutes, is

  6  created to read:

  7         341.831  Prequalification.--

  8         (1)  The authority may prequalify interested persons or

  9  entities prior to seeking proposals for the design,

10  construction, operation, maintenance, and financing of the

11  high-speed rail system. The authority may establish qualifying

12  criteria that may include, but not be limited to, experience,

13  financial resources, organization and personnel, equipment,

14  past record or history of the person or entity, ability to

15  finance or issue bonds, and ability to post a construction or

16  performance bond.

17         (2)  The authority may establish the qualifying

18  criteria in a request for qualification without adopting the

19  qualifying criteria as rules.

20         Section 15.  Section 341.832, Florida Statutes, is

21  created to read:

22         341.832  Request for qualifications.--

23         (1)  The authority is authorized to develop and execute

24  a request for qualifications process to seek a person or

25  entity to design, build, operate, maintain, and finance a

26  high-speed rail system. The authority may issue multiple

27  requests for qualifications. The authority shall develop

28  criteria for selection of a person or entity that shall be

29  included in any request for qualifications.

30         (2)  The authority may issue a request for

31  qualifications without adopting a rule.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         Section 16.  Section 341.833, Florida Statutes, is

  2  created to read:

  3         341.833  Request for proposals.--

  4         (1)  The authority is authorized to develop and execute

  5  a request for proposals process to seek a person or entity to

  6  design, build, operate, maintain, and finance a high-speed

  7  rail system. The authority may issue multiple requests for

  8  proposals. The authority shall develop criteria for selection

  9  of a person or entity that shall be included in any request

10  for proposals.

11         (2)  In the request for proposals, the authority shall

12  specify the minimum period of time for the contract duration.

13  A person or entity may propose a longer period of time for the

14  contract and provide justification of the need for an extended

15  contract period. If the authority extends the time period for

16  the contract, such time period shall be extended for all

17  persons or entities if so requested.

18         Section 17.  Section 341.834, Florida Statutes, is

19  created to read:

20         341.834  Award of a contract; exclusive rights.--

21         (1)  The award of a contract by the authority to a

22  person or entity is the sole authority for the person or

23  entity to establish a high-speed rail system in this state,

24  including rail stations and associated development.

25         (2)  The authority may award a contract subject to such

26  terms and conditions, including, but not limited to,

27  compliance with any applicable permitting requirements, and

28  any other terms and conditions the authority considers

29  appropriate.

30         (3)  The contract shall authorize the contractor to

31  provide service between stations as established by the

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  contract. The contractor shall coordinate its facilities and

  2  services with passenger rail providers, commuter rail

  3  authorities, and public transit providers to provide access to

  4  and from the high-speed rail system.

  5         (4)  The contractor shall not convey, lease, or

  6  otherwise transfer any high-speed rail system property, any

  7  interest in such property, or any improvement constructed upon

  8  such property without written approval of the authority.

  9         Section 18.  Section 341.835, Florida Statutes, is

10  created to read:

11         341.835  Acquisition of property; eminent domain;

12  rights-of-way; disposal of land.--

13         (1)  The authority may purchase, lease, exchange, or

14  otherwise acquire any land, property interests, or buildings

15  or other improvements, including personal property within such

16  buildings or on such lands, necessary to secure or utilize

17  rights-of-way for existing, proposed, or anticipated

18  high-speed rail system facilities.

19         (2)  The power of eminent domain is vested in the

20  authority to condemn all necessary lands and property,

21  including rights of access, air, view, and light, whether

22  public or private, for the purpose of securing and utilizing

23  rights-of-way for a high-speed rail system, including, but not

24  limited to, any lands reasonably necessary for securing

25  applicable permits, areas necessary for management of access,

26  borrow pits, drainage ditches, water retention areas, rail

27  stations, and related or ancillary facilities for the purposes

28  stated in this act, replacement access for landowners whose

29  access is impaired due to the construction of a system, and

30  replacement rights-of-way for relocated rail and utility

31  facilities, for the construction, reconstruction, relocation,

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  maintenance, and operation of an existing, proposed, or

  2  anticipated high-speed rail system and associated development

  3  or related or ancillary facilities.

  4         (3)  The authority is specifically authorized to

  5  exercise its eminent domain powers under both chapter 73 and

  6  chapter 74.

  7         (4)  The authority may exercise the power of eminent

  8  domain to obtain title to real property necessary to

  9  accomplish the purposes of this act, or the authority may

10  request the Department of Transportation to exercise the power

11  of eminent domain to obtain title to such real property.

12         (5)  Title to any property acquired in the name of the

13  authority shall be administered by the authority under such

14  terms and conditions as the authority may require.

15         (6)  When the authority acquires property for a

16  high-speed rail system, or any related or ancillary

17  facilities, by the exercise of eminent domain authority or by

18  purchase or donation, it is not subject to any liability

19  imposed by chapter 376 or chapter 403 for preexisting soil or

20  groundwater contamination due solely to its ownership.  This

21  section does not affect the rights or liabilities of any past

22  or future owners of the acquired property, nor does it affect

23  the liability of any governmental entity for the results of

24  its actions which create or exacerbate a pollution source. The

25  authority and the Department of Environmental Protection may

26  enter into interagency agreements for the performance,

27  funding, and reimbursement of the investigative and remedial

28  acts necessary for property acquired by the authority.

29         (7)  In acquiring property or property rights for any

30  high-speed rail system or related or ancillary facilities, the

31  authority may acquire an entire lot, block, or tract of land

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  if the interests of the public will be best served by such

  2  acquisition, even though the entire lot, block, or tract is

  3  not immediately needed for the right-of-way proper or for the

  4  specific related or ancillary facilities.

  5         (8)  The authority, by resolution, may dispose of any

  6  interest in property acquired pursuant to this section on

  7  terms and conditions the authority deems appropriate.

  8         (9)  The authority and its employees and agents shall

  9  have the right to enter upon properties which may be

10  determined to be necessary for the construction,

11  reconstruction, relocation, maintenance, and operation of a

12  proposed high-speed rail system and associated development and

13  related or ancillary facilities as described in subsection (1)

14  for the purposes of surveying and soil and environmental

15  testing.

16         (10)  The Department of Transportation shall grant

17  easements, consistent with applicable federal and state laws,

18  within state-owned transportation facility rights-of-way to

19  the authority for a high-speed rail system. Said easements

20  shall be conveyed to the authority without compensation to the

21  department, provided, however, that the department may impose

22  such terms and conditions on the easement as are necessary to

23  protect the interests of bondholders for any outstanding bonds

24  issued for the right-of-way. The term of any such easement

25  shall be at least for the same length of time as the term for

26  a contract for operation and maintenance of the high-speed

27  rail system within the right-of-way or for the term of any

28  bonds or other financing instruments issued for the high-speed

29  rail system within the easement, whichever is longer.

30  

31  

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         (11)  The authority is authorized to accept donations

  2  of real property from public or private entities for the

  3  purposes of implementing a high-speed rail system.

  4         Section 19.  Section 341.836, Florida Statutes, is

  5  created to read:

  6         341.836  Associated development.--

  7         (1)  The authority, alone or as part of a joint

  8  development, may undertake development of associated

  9  developments to be a source of revenue for the establishment,

10  construction, operation, or maintenance of the high-speed rail

11  system.  Such associated developments must be associated with

12  a rail station and have pedestrian ingress to and egress from

13  the rail station; be consistent, to the extent feasible, with

14  applicable local government comprehensive plans and local land

15  development regulations; and otherwise be in compliance with

16  the provisions of this act.

17         (2)  This act does not prohibit the authority, the

18  selected person or entity, or a party to a joint venture with

19  the authority or its selected person or entity from obtaining

20  approval, pursuant to any other law, for any associated

21  development that is reasonably related to the high-speed rail

22  system.

23         Section 20.  Section 341.837, Florida Statutes, is

24  created to read:

25         341.837  Payment of expenses.--All expenses incurred in

26  carrying out the provisions of this act shall be payable

27  solely from funds provided under the authority of this act, or

28  from other legally available sources, and no liability or

29  obligation shall be incurred by the authority, the board, or

30  its members hereunder beyond the extent to which moneys have

31  been provided.

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1         Section 21.  Section 341.838, Florida Statutes, is

  2  created to read:

  3         341.838  Rates, rents, fees, and charges.--

  4         (1)  The authority is authorized to fix, revise,

  5  charge, and collect rates, rents, fees, charges, and revenues

  6  for the use of and for the services furnished, or to be

  7  furnished, by the system and to contract with any person,

  8  partnership, association, corporation, or other body, public

  9  or private, in respect thereof. Such rates, rents, fees, and

10  charges shall be reviewed annually by the authority and may be

11  adjusted as set forth in the contract setting such rates,

12  rents, fees, or charges. The funds collected hereunder shall,

13  with any other funds available, be used to pay the cost of all

14  administrative expenses of the authority, and the cost of

15  designing, building, operating, and maintaining the system and

16  each and every portion thereof, to the extent that the payment

17  of such cost has not otherwise been adequately provided for.

18         (2)  Rates, rents, fees, and charges fixed, revised,

19  charged, and collected pursuant to this section shall not be

20  subject to supervision or regulation by any department,

21  commission, board, body, bureau, or agency of this state other

22  than the authority.

23         Section 22.  Section 341.839, Florida Statutes, is

24  created to read:

25         341.839  Alternate means.--The foregoing sections of

26  this act shall be deemed to provide an additional and

27  alternative method for accomplishing the purposes authorized

28  therein, and shall be regarded as supplemental and additional

29  to powers conferred by other laws. Except as otherwise

30  expressly provided in this act, none of the powers granted to

31  the authority under the provisions of this act shall be

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  subject to the supervision or regulation or require the

  2  approval or consent of any municipality or political

  3  subdivision or any commission, board, body, bureau, official,

  4  or agency thereof or of the state.

  5         Section 23.  Section 341.840, Florida Statutes, is

  6  created to read:

  7         341.840  Tax exemption.--The exercise of the powers

  8  granted by this act will be in all respects for the benefit of

  9  the people of this state, for the increase of their commerce,

10  welfare, and prosperity, and for the improvement of their

11  health and living conditions, and as the design, building,

12  operation, maintenance, and financing of a system by the

13  authority or its agent or the owner or lessee thereof, as

14  herein authorized, constitutes the performance of an essential

15  public function, neither the authority, its agent, nor the

16  owner of such system shall be required to pay any taxes or

17  assessments upon or in respect to the system or any property

18  acquired or used by the authority, its agent, or such owner

19  under the provisions of this act or upon the income therefrom,

20  any security therefor, their transfer, and the income

21  therefrom, including any profit made on the sale thereof,

22  shall at all times be free from taxation of every kind by the

23  state, the counties, and the municipalities and other

24  political subdivisions in the state.

25         Section 24.  Section 341.841, Florida Statutes, is

26  created to read:

27         341.841  Report; audit.--The authority shall prepare an

28  annual report of its actions, findings, and recommendations

29  and submit the report to the Governor, the President of the

30  Senate, and the Speaker of the House of Representatives on or

31  before January 1. Not less than annually, the authority shall

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  provide for an audit by certified public accountants of its

  2  books and accounts, the cost of which shall be paid from funds

  3  available to the authority pursuant to this act.

  4         Section 25.  Section 341.842, Florida Statutes, is

  5  created to read:

  6         341.842  Liberal construction.--This act, being

  7  necessary for the welfare of the state and its inhabitants,

  8  shall be liberally construed to effect the purposes hereof.

  9         Section 26.  Section 341.843, Florida Statutes, is

10  created to read:

11         341.843  Provisions of act controlling.--To the extent

12  that the provisions of this act are inconsistent with the

13  provisions of any general statute or special act or parts

14  thereof, the provisions of this act shall be deemed

15  controlling.

16         Section 27.  Subsection (10) of section 288.109,

17  Florida Statutes, is amended to read:

18         288.109  One-Stop Permitting System.--

19         (10)  Notwithstanding any other provision of law or

20  administrative rule to the contrary, the fee imposed by a

21  state agency or water management district for issuing a

22  development permit shall be waived for a 6-month period

23  beginning on the date the state agency or water management

24  district begins accepting development permit applications over

25  the Internet and the applicant submits the development permit

26  to the agency or district using the One-Stop Permitting

27  System. The 6-month fee waiver shall not apply to development

28  permit fees assessed by the Electrical Power Plant Siting Act,

29  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

30  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

31  Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

  2  Rail Transportation Siting Act, ss. 341.3201-341.386.

  3         Section 28.  Subsection (6) of section 334.30, Florida

  4  Statutes, is amended to read:

  5         334.30  Private transportation facilities.--The

  6  Legislature hereby finds and declares that there is a public

  7  need for rapid construction of safe and efficient

  8  transportation facilities for the purpose of travel within the

  9  state, and that it is in the public's interest to provide for

10  the construction of additional safe, convenient, and

11  economical transportation facilities.

12         (6)  Notwithstanding s. 341.327, A fixed-guideway

13  transportation system authorized by the department to be

14  wholly or partially within the department's right-of-way

15  pursuant to a lease granted under s. 337.251 may operate at

16  any safe speed.

17         Section 29.  Subsection (9) of section 337.251, Florida

18  Statutes, is amended to read:

19         337.251  Lease of property for joint public-private

20  development and areas above or below department property.--

21         (9)  Notwithstanding s. 341.327, A fixed-guideway

22  transportation system authorized by the department to be

23  wholly or partially within the department's right-of-way

24  pursuant to a lease granted under this section may operate at

25  any safe speed.

26         Section 30.  Section 341.501, Florida Statutes, is

27  amended to read:

28         341.501  High-technology transportation systems; joint

29  project agreement or assistance.--Notwithstanding any other

30  provision of law, the Department of Transportation may enter

31  into a joint project agreement with, or otherwise assist,

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  private or public entities, or consortia thereof, to

  2  facilitate the research, development, and demonstration of

  3  high-technology transportation systems, including, but not

  4  limited to, systems using magnetic levitation technology. The

  5  provisions of the Florida High-Speed Rail Transportation Act,

  6  ss. 341.3201-341.386, do not apply to actions taken under this

  7  section, and The department may, subject to s. 339.135,

  8  provide funds to match any available federal aid for

  9  effectuating the research, development, and demonstration of

10  high-technology transportation systems.

11         Section 31.  (1)  There is appropriated from funds

12  within the State Transportation Trust Fund designated for the

13  Transportation Outreach Program (TOP) by s. 339.137, Florida

14  Statutes, to the Florida High-Speed Rail Authority the sum of

15  $4.5 million for fiscal year 2002-2003 to assist in the

16  implementation of this act. In the event that s. 339.137,

17  Florida Statutes, is repealed, the sum of $4.5 million for

18  fiscal year 2002-2003 is appropriated from funds within the

19  State Transportation Trust Fund committed by the Department of

20  Transportation for public transportation projects in

21  accordance with chapter 341, Florida Statutes, as provided in

22  s. 206.46(3), Florida Statutes, to the Florida High-Speed Rail

23  Authority for the purposes set forth in this section.

24         (2)  This section shall take effect July 1, 2002.

25         Section 32.  Sections 341.3201, 341.321, 341.322,

26  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

27  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

28  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

29  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

30  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

31  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

  2  repealed.

  3         Section 33.  Except as otherwise provided herein, this

  4  act shall take effect upon becoming a law.

  5  

  6  

  7  

  8  

  9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1            *****************************************

  2                          HOUSE SUMMARY

  3  
      Creates the "Florida High-Speed Rail Authority Act."
  4    Provides legislative findings, policy, purpose, and
      intent with respect to the development, financing,
  5    construction, and operation of a high-speed rail system.

  6  
      Revises and provides additional powers and duties of the
  7    authority. Revises the criteria for assessment and
      recommendations with respect to the establishment of the
  8    high-speed rail system.  Specifies types of technical,
      scientific, or other assistance to be provided by the
  9    Department of Community Affairs and the Department of
      Environmental Protection.  Provides for sole and
10    exclusive determination of need for the high-speed rail
      system established pursuant to the act.  Provides that
11    the power of the authority to establish high-speed rail
      systems in the state is exclusive.  Provides for
12    determination of service areas and the order of system
      segment construction.  Authorizes the authority to select
13    a route alignment for the system and to utilize existing
      permitting processes in such selection process.  Provides
14    sole responsibility to the authority for the adoption of
      final alignment.  Requires the authority, in conjunction
15    with the Executive Office of the Governor, the Department
      of Community Affairs, and the Department of Environmental
16    Protection, to develop and implement a process to
      mitigate and resolve conflicts between the system and
17    growth management requirements and environmental
      standards.  Provides time limits for the filing of and
18    response to specified complaints.  Authorizes the
      authority to employ specified procurement methods.
19    Provides for the adoption of rules. Authorizes the
      authority to procure commodities and services for the
20    designing, building, financing, maintenance, operation,
      and implementation of a high-speed rail system.
21    Authorizes the authority to prequalify interested persons
      or entities prior to seeking proposals for the design,
22    construction, operation, maintenance, and financing of
      the high-speed rail system.  Provides for the
23    establishment of qualifying criteria.  Authorizes the
      authority to develop and execute a request for
24    qualifications process.  Authorizes the authority to
      develop and execute a request for proposals process to
25    seek a person or entity to design, build, operate,
      maintain, and finance a high-speed rail system.  Provides
26    that the award of a contract by the authority is the sole
      authority for the person or entity selected to establish
27    a high-speed rail system.  Provides for award of a
      conditional contract. Provides contract requirements.
28    Prohibits transfer of system property without written
      approval.  Authorizes the authority to purchase, lease,
29    exchange, or acquire land, property, or buildings
      necessary to secure or utilize rights-of-way for
30    high-speed rail system facilities.  Provides the
      authority with the power of eminent domain.  Provides
31    that the authority is not subject to specified liability.
      Authorizes the authority and the Department of
                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1515

    793-101F-02






  1    Environmental Protection to enter into certain interlocal
      agreements.  Requires the Department of Transportation to
  2    grant specified easements.  Authorizes the authority to
      undertake the development of associated developments.
  3    Provides requirements of associated developments.
      Provides for payment of expenses incurred in carrying out
  4    the act.

  5  
      Authorizes the authority to fix, revise, charge, collect,
  6    and adjust rates, rents, fees, charges, and revenues, and
      to enter into contracts. Provides for annual review by
  7    the authority of rates, rents, fees, and charges. Exempts
      powers of the authority from specified supervision,
  8    regulation, approval, or consent. Provides tax exemptions
      for property acquired or used by the authority or
  9    specified income. Requires the authority to prepare and
      submit a report. Provides for an annual audit.
10  

11    Appropriates $4.5 million for the Florida High-Speed Rail
      Authority for fiscal year 2002-2003 from funds designated
12    for the Transportation Outreach Program. Provides for a
      contingent appropriation in the event of the repeal of
13    the program.

14  
      Repeals ss. 341.3201-341.386, F.S., the "Florida
15    High-Speed Rail Transportation Act."

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  41

CODING: Words stricken are deletions; words underlined are additions.