Senate Bill sb1992c2

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    Florida Senate - 2002                    CS for CS for SB 1992

    By the Committees on Commerce and Economic Opportunities;
    Transportation; and Senator Sebesta




    310-2318-02

  1                      A bill to be entitled

  2         An act relating to high-speed rail

  3         transportation; amending s. 341.822, F.S.;

  4         revising and providing additional powers and

  5         duties of the authority; amending s. 341.823,

  6         F.S.; revising the criteria for assessment and

  7         recommendations with respect to the

  8         establishment of the high-speed rail system;

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

10         technical, scientific, or other assistance to

11         be provided by the Department of Community

12         Affairs and the Department of Environmental

13         Protection; creating s. 341.827, F.S.;

14         providing for determination of service areas

15         and the order of system segment construction;

16         requiring cooperation with metropolitan

17         planning organizations; creating s. 341.831,

18         F.S.; authorizing the authority to prequalify

19         interested persons or entities prior to seeking

20         proposals for the design, construction,

21         operation, maintenance, and financing of the

22         high-speed rail system; providing for the

23         establishment of qualifying criteria; creating

24         s. 341.832, F.S.; authorizing the authority to

25         develop and execute a request for

26         qualifications process; creating s. 341.833,

27         F.S.; authorizing the authority to develop and

28         execute a request for proposals process to seek

29         a person or entity to design, build, operate,

30         maintain, and finance a high-speed rail system;

31         creating s. 341.836, F.S.; authorizing the

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  1         authority to study the development of

  2         associated developments; providing requirements

  3         of associated developments; creating s.

  4         341.837, F.S.; providing for payment of

  5         expenses incurred in carrying out the act;

  6         creating s. 341.839, F.S.; providing that the

  7         act is supplemental and additional to powers

  8         conferred by other laws; creating s. 341.843,

  9         F.S.; providing that inconsistent provisions of

10         other laws are superseded; providing an

11         effective date.

12  

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

14  

15         Section 1.  Section 341.822, Florida Statutes, is

16  amended to read:

17         341.822  Powers and duties.--

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

19  shall plan, 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." The authority may seek

23  competitive proposals for the design, building, operations and

24  maintenance of the intrastate high-speed rail system; however,

25  the authority may not enter into a contract without

26  legislative approval.

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

28  corporations under the Florida Business Corporation Act,

29  chapter 607, except the authority may not incur debt.

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

31  body politic and corporate.

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

  2  federal matching funds or any other funds to fulfill the

  3  requirements of this act, either directly or through the

  4  Department of Transportation.

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

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

  7  the qualifications and fix the compensation. The authority may

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

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

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

11  authority.

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

13  appurtenant, convenient, or incidental to carrying out the

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

15  limited to, the rights and powers to:

16         (a)  Advertise and promote high-speed rail systems,

17  associated development, and activities of the authority.

18         (b)  Accept funds, donations, or contributions of

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

20  other governmental sources, and accept private donations.

21         (c)  Purchase, by directly contracting with local,

22  national, or international insurance companies, liability

23  insurance that the authority is contractually and legally

24  obligated to provide, notwithstanding the requirements of s.

25  287.022(1).

26         (d)  Accept proposals that sell the name rights for

27  high-speed rail systems and other related facilities to

28  corporate or individual sponsors.

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

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

31  

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  1         (7)  Enter into interlocal agreements in the manner

  2  provided in s. 163.01.

  3         (8)  The authority shall develop or execute an

  4  investment-grade ridership study by competitive proposal.

  5         (9)  It is the express intent of this act that the

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

  7  to plan and develop a high-speed rail system and associated

  8  development, and to establish and determine such policies as

  9  may be necessary for the best interests of the operation and

10  promotion of a high-speed rail system.

11         Section 2.  Section 341.823, Florida Statutes, is

12  amended to read:

13         341.823  Criteria for assessment and recommendations.--

14         (1)  The following criteria shall apply to the

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

16  preliminary engineering, preliminary environmental assessment,

17  and recommendations required by this act:

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

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

20  guideways separated from motor vehicle traffic;

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

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

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

24  Miami area;

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

26  uses, to the maximum extent feasible, nongovernmental sources

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

28  operation, and financing of the system;

29         (2)  The authority shall establish requirements make

30  recommendations concerning:

31  

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

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

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

  4  business plan;

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

  6  areas designated in paragraph (1)(b);

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

  8  cities and urban areas designated in paragraph (1)(b);

  9         (d)  The preferred locomotion technology to be employed

10  from constitutional choices of monorail, fixed guideway, or

11  magnetic levitation; and

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

13  or federal laws which would make the proposed system eligible

14  for available federal funding; and

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

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

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

18  shall include:

19         (a)  The frequency of service between the cities

20  designated in paragraph (1)(b);

21         (b)  The proposed fare structure for passenger and

22  freight service;

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

24  accommodations, and amenities;

25         (d)  Methods to ensure compliance with applicable

26  environmental standards and regulations;

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

28  employed to enhance the utilization of the system;

29         (a)(f)  A detailed planning-level ridership study;

30         (g)  Consideration of nonfare revenues that may be

31  derived from:

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

  2         2.  License, franchise, and lease fees;

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

  4  stations; and

  5         4.  Any other potential sources deemed appropriate.

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

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

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

  9  guideway, or magnetic levitation system;

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

11         3.  Purchase or lease rolling stock and other equipment

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

13         (i)  An estimate of the annual operating and

14  maintenance costs for the system and all other associated

15  expenses.

16         (b)(j)  An estimate of the value of assets the state or

17  its political subdivisions may provide as in-kind

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

19  engineering studies performed for previous high-speed rail

20  initiatives, land for rail stations and necessary maintenance

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

22  or its political subdivisions to accommodate the installation

23  of the system.

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

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

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

27  

28  Whenever applicable and appropriate, the authority will base

29  estimates of projected costs, expenses, and revenues on

30  documented expenditures or experience derived from similar

31  projects.

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  1         Section 3.  Section 341.824, Florida Statutes, is

  2  amended to read:

  3         341.824  Technical, scientific, or other assistance.--

  4         (1)  The Florida Transportation Commission, the

  5  Department of Community Affairs, and the Department of

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

  7  provide technical, scientific, or other assistance.

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

  9  requested, provide assistance to local governments in

10  analyzing the land use and comprehensive planning aspects of

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

12  Affairs shall assist the authority with the resolution of any

13  conflicts between the system and adopted local comprehensive

14  plans.

15         (3)  The Department of Environmental Protection shall,

16  if requested, provide assistance to local governments and

17  other permitting agencies in analyzing the environmental

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

19  Environmental Protection shall assist the authority and the

20  contractor in expediting the approval of the necessary

21  environmental permits for the system.

22         Section 4.  Section 341.827, Florida Statutes, is

23  created to read:

24         341.827  Service areas; segment designation.--

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

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

27  served by the high-speed rail system.

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

29  government having jurisdiction over the affected area, shall

30  designate stations to serve the designated service areas.

31  

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  1         (3)  The authority shall plan and develop the

  2  high-speed rail system so that construction proceeds as

  3  follows:

  4         (a)  Phase I of the system shall be developed and

  5  operated between the St. Petersburg area, the Tampa area, the

  6  Lakeland area, and the Orlando area. Phase II of the system

  7  shall be developed and operated between the Orlando area and

  8  the Miami area.

  9         (b)  Selection of segments of the high-speed rail

10  system to be constructed subsequent to the initial segments of

11  the system shall be prioritized by the authority, giving

12  consideration to the demand for service, financial

13  participation by local governments, financial participation by

14  the private sector, and the available financial resources of

15  the authority.

16         (4)  The authority shall work in cooperation with

17  metropolitan planning organizations in areas where the

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

19  planning organizations shall cooperate with the authority and

20  include the high-speed rail system alignment within their

21  adopted long-range transportation plans and transportation

22  improvement programs for the purposes of providing public

23  information, consistency with the plans, and receipt of

24  federal and state funds by the authority to support the

25  high-speed rail system.

26         Section 5.  Section 341.831, Florida Statutes, is

27  created to read:

28         341.831  Prequalification.--

29         (1)  The authority may prequalify interested persons or

30  entities prior to seeking proposals for the design,

31  construction, operation, maintenance, and financing of the

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

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

  3  financial resources, organization and personnel, equipment,

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

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

  6  performance bond.

  7         (2)  The authority may establish the qualifying

  8  criteria in a request for qualification without adopting the

  9  qualifying criteria as rules.

10         Section 6.  Section 341.832, Florida Statutes, is

11  created to read:

12         341.832  Request for qualifications.--

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

14  a request for qualifications process to seek a person or

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

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

17  requests for qualifications. The authority shall develop

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

19  included in any request for qualifications.

20         (2)  The authority may issue a request for

21  qualifications without adopting a rule.

22         Section 7.  Section 341.833, Florida Statutes, is

23  created to read:

24         341.833  Request for proposals.--

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

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

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

28  rail system. However, the authority may not enter into a

29  contract without legislative approval. The authority may issue

30  multiple requests for proposals. The authority shall develop

31  

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

  2  included in any request for proposals.

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

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

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

  6  contract and provide justification of the need for an extended

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

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

  9  persons or entities if so requested.

10         (3)  The responses to the request for proposals must

11  include:

12         (a)  The frequency of service between the urban areas

13  designated in s. 341.823(1)(b);

14         (b)  The proposed fare structure for passenger and

15  freight service;

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

17  accommodations, and amenities;

18         (d)  Methods to ensure compliance with applicable

19  environmental standards and regulations;

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

21  employed to enhance the use of the system;

22         (f)  Consideration of nonfare revenues that may be

23  derived from:

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

25         2.  License, franchise, and lease fees;

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

27  stations; and

28         4.  Any other potential sources considered appropriate.

29         (g)  An estimate of the total cost of the entire

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

31  

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

  2  guideway, or magnetic levitation system;

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

  4         3.  Purchase or lease rolling stock and other equipment

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

  6         (h)  An estimate of the annual operating and

  7  maintenance costs for the system and all other associated

  8  expenses.

  9         (i)  An estimate of the contributions required per year

10  from federal, state, and other political subdivisions for the

11  next 30 years for operating the preferred routes between the

12  cities and urban areas designated in s. 341.823(1)(b).

13         Section 8.  Section 341.836, Florida Statutes, is

14  created to read:

15         341.836  Associated development.--The authority, alone

16  or as part of a joint development, may study the development

17  of associated developments to be a source of revenue for the

18  establishment, construction, operation, or maintenance of the

19  high-speed rail system.  Such associated developments must be

20  associated with a rail station and have pedestrian ingress to

21  and egress from the rail station; be consistent, to the extent

22  feasible, with applicable local government comprehensive plans

23  and local land development regulations; and otherwise be in

24  compliance with the provisions of this act.

25         Section 9.  Section 341.837, Florida Statutes, is

26  created to read:

27         341.837  Payment of expenses.--All expenses incurred in

28  carrying out the provisions of this act shall be payable

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

30  from other legally available sources, and no liability or

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

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  1  its members beyond the extent to which moneys have been

  2  provided.

  3         Section 10.  Section 341.839, Florida Statutes, is

  4  created to read:

  5         341.839  Alternate means.--The foregoing sections of

  6  this act shall be deemed to provide an additional and

  7  alternative method for accomplishing the purposes authorized

  8  therein, and shall be regarded as supplemental and additional

  9  to powers conferred by other laws.

10         Section 11.  Section 341.843, Florida Statutes, is

11  created to read:

12         341.843  Provisions of act controlling.--To the extent

13  that the provisions of this act are inconsistent with the

14  provisions of any general statute or special act or parts

15  thereof, the provisions of this act shall be deemed

16  controlling.

17         Section 12.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                            CS/SB 1992

22                                 

23  The committee substitute requires the High Speed Rail
    Authority to cooperate with metropolitan planning
24  organizations. Metropolitan planning organizations are
    required to include the high-speed rail system alignment
25  within their long-range transportation plans.

26  

27  

28  

29  

30  

31  

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