HB 0121 2003
1	A bill to be entitled
2	An act relating to South Florida regional transportation;
3	amending pt. I of ch. 343, F.S.; creating the South
4	Florida Regional Transportation Authority; transferring
5	rights, assets, privileges, and obligations of the Tri-
6	County Commuter Rail Authority to that authority; revising
7	the short title; revising definitions; correcting
8	references; providing powers, duties, and objectives;
9	providing for the issuance of revenue bonds; limiting
10	obligation of the state; providing pledge not to restrict
11	certain rights of the authority; providing for a user fee
12	for the registration of certain vehicles; amending ss.
13	112.3148 and 768.28, F.S., relating to reporting and
14	prohibited receipt of gifts by individuals filing full or
15	limited public disclosure of financial interests and by
16	procurement employees, waiver of sovereign immunity in
17	tort actions, and recovery limits, to conform to changes
18	made by the act; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Part I of chapter 343, Florida Statutes,
23	consisting of sections 343.51, 343.52, 343.53, 343.54, 343.55,
24	343.56, and 343.57, Florida Statutes, is amended, and section
25	343.58 is added to that part, to read:
26	Part I
27	SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY TRI-COUNTY
28	COMMUTER RAIL AUTHORITY
29	343.51 Short title.--This part may be cited as the "South
30	Florida Regional TransportationTri-County Commuter Rail
31	Authority Act."
32	343.52 Definitions.--As used in this part, unless the
33	context clearly indicates otherwise, the term:
34	(1) "Authority" means theSouth Florida Regional
35	TransportationTri-County Commuter RailAuthority.
36	(2) "Board" means the governing body of the authority.
37	(3) "Transit systemCommuter railroad" means
38	transportation of people and goods by means, without limitation,
39	of a street railway, elevated railway or fixed guideway,
40	commuter railroad, subway, motor vehicle, motor bus,a complete
41	system of tracks,guideways,stations, and rolling stock
42	necessary to effectuatemedium-distance to long-distance
43	passengerrailservice to or from the surrounding regional
44	municipalities.
45	(4) "TransitCommuter railfacilities" means property and
46	avenues of accessand equipment or buildings, built or
47	installed,inMiami-DadeDade, Broward, and Palm Beach Counties,
48	requiredto support a transit systemfor commuter rail or fixed
49	guideway systems.
50	(5) "Member" means the individuals constituting the board.
51	(6) "Feeder transit services" meansa transit system that
52	transportsfixed guideway or bus service to transportpassengers
53	toor fromrailstationswithin or across county lines.
54	343.53South Florida Regional TransportationTri-County
55	Commuter RailAuthority.--
56	(1) There is created and established a body politic and
57	corporate, an agency of the state, to be known as the "South
58	Florida Regional TransportationTri-County Commuter Rail
59	Authority," hereinafter referred to as the "authority."
60	(2) The governing board of the authority shall consist of
61	nine voting members, as follows:
62	(a) The county commissions ofMiami-DadeDade, Broward,
63	and Palm Beach Counties shall each elect a commissioner as that
64	commission's representative on the board. The commissioner must
65	be a member of the county commission when elected and for the
66	full extent of his or her term.
67	(b) The county commissions ofMiami-DadeDade, Broward,
68	and Palm Beach Counties shall each appoint a citizen member to
69	the board who is not a member of the county commission but who
70	is a resident of the county from which he or she is appointed
71	and a qualified elector of that county. Insofar as practicable,
72	the citizen member shall represent the business and civic
73	interests of the community.
74	(c) The secretary of the Department of Transportation
75	shall appoint one of the district secretaries, or his or her
76	designee, for the districts withinwhichthe area served by the
77	South Florida Regional Transportation Authoritytri-county rail
78	is located.
79	(d) The other eight members of the board shall elect, by a
80	simple majority vote, an at-large member who is a resident and
81	qualified elector in the area served by theSouth Florida
82	Regional Transportation Authoritytri-county rail.
83	(e) The Governor shall appoint one member to the board who
84	is a resident and qualified elector in the area served by the
85	South Florida Regional Transportation Authoritytri-county rail.
86	(3) The terms of the county commissioners on the governing
87	board of the authority shall be 2 years. All other members on
88	the governing board of the authority shall serve staggered 4-
89	year terms. Each member shall hold office until his or her
90	successor has been appointed.
91	(4) A vacancy during a term shall be filled by the
92	respective appointing authority in the same manner as the
93	original appointment and only for the balance of the unexpired
94	term.
95	(5) The members of the authority shall not be entitled to
96	compensation, but shall be reimbursed for travel expenses
97	actually incurred in their duties as provided by law.
98	343.54 Powers and duties.--
99	(1)(a) The authority created and established by this part
100	shall have the right to own, operate, maintain, and manage a
101	transitcommuter railsystem in the tri-county area of Broward,
102	Miami-DadeDade, and Palm Beach Counties, hereinafter referred
103	to as theSouth Florida Regional Transportation AuthorityTri-
104	County Rail.
105	(b) It is the express intention of this part that the
106	authority be authorized to plan, develop, own, purchase, lease,
107	or otherwise acquire, demolish, construct, improve, relocate,
108	equip, repair, maintain, operate, and manage atransitcommuter
109	railsystem andtransitcommuter railfacilities; to establish
110	and determine such policies as may be necessary for the best
111	interest of the operation and promotion of atransitcommuter
112	railsystem; and to adopt such rules as may be necessary to
113	govern the operation of atransitcommuter railsystem and
114	transitcommuter railfacilitiesin order to accomplish the
115	following objectives:
116	1. Enhance the efficiency and coordination of all transit
117	elements and contribute to the economic prosperity of the South
118	Florida region and the state.
119	2. Develop, in cooperation with the region’s metropolitan
120	planning organizations and regional planning councils, a
121	regional transportation and land use strategy.
122	3. Reduce passenger vehicle congestion along the freeway,
123	highway, and surface streets.
124	4. Improve regional mobility and access.
125	5. Identify measures to improve safety of all modes.
126	6. Reduce nonresidential traffic in neighborhoods.
127	7. Reduce air pollution within the region.
128	(2) The authority created herein shall be the successor
129	and assignee of the Tri-CountyCommuterRailAuthority
130	Organization (TCRO)and shall inherit all rights, assets,
131	agreements, appropriations, privileges, and obligations of the
132	Tri-County Commuter Rail AuthorityTCRO.
133	(3) The authority may exercise all powers necessary,
134	appurtenant, convenient, or incidental to the carrying out of
135	the aforesaid purposes, including, but not limited to, the
136	following rights and powers:
137	(a) To sue and be sued, implead and be impleaded, complain
138	and defend in all courts in its own name.
139	(b) To adopt and use a corporate seal.
140	(c) To have the power of eminent domain, including the
141	procedural powers granted under chapters 73 and 74.
142	(d) To acquire, purchase, hold, lease as a lessee, and use
143	any franchise or property, real, personal, or mixed, tangible or
144	intangible, or any interest therein, necessary or desirable for
145	carrying out the purposes of the authority.
146	(e) To sell, convey, exchange, lease, or otherwise dispose
147	of any real or personal property acquired by the authority,
148	including air rights.
149	(f) To fix, alter, establish, and collect rates, fares,
150	fees, rentals, and other charges for the use of anytransit
151	commuter railsystem ortransitfacilities owned or operated by
152	the authority.
153	(g) To develop and provide feeder transit services toor
154	fromrailstationswithin or across county lines.
155	(h) To adopt bylaws for the regulation of the affairs and
156	the conduct of the business of the authority. The bylaws shall
157	provide for quorum and voting requirements, maintenance of
158	minutes and other official records, and preparation and adoption
159	of an annual budget.
160	(i) To lease, rent, or contract for the operation or
161	management of any part of atransitcommuter railsystem or
162	transitcommuter railfacility, including feeder transit
163	services and concessions. In awarding a contract, the authority
164	shall consider, but is not limited to, the following:
165	1. The qualifications of each applicant.
166	2. The level of service.
167	3. The efficiency, cost, and anticipated revenue.
168	4. The construction, operation, and management plan.
169	5. The financial ability to provide reliable service.
170	6. The impact on other transportation modes, including the
171	ability to interface with other transportation modes and
172	facilities.
173	(j) To enforce collection of rates, fees, and charges, and
174	to establish and enforce fines and penalties for violations of
175	any rules.
176	(k) To advertise and promotetransitcommuter rail
177	systems,transitfacilities, and activities of the authority.
178	(l) To employ an executive director, attorney, staff, and
179	consultants.
180	(m) To cooperate with other governmental entities and to
181	contract with other governmental agencies, including the
182	Department of Transportation, the Federal Government,regional
183	planning councils,counties, and municipalities.
184	(n) To enter into joint development agreements.
185	(o) To accept funds from other governmental sources, and
186	to accept private donations.
187	(p) To purchase by directly contracting with local,
188	national, or international insurance companies to provide
189	liability insurance which the authority is contractually and
190	legally obligated to provide, the requirements of s. 287.022(1),
191	notwithstanding.
192	(4) The authority shall develop and adopt a plan for the
193	operation, maintenance, and expansion of thetransit systemtri-
194	county commuter rail service. Suchplansplanshall address the
195	authority's plan for the development of public and private
196	revenue sources, and the service to be provided, including
197	expansions of current service which are consistent, to the
198	maximum extent feasible, with approved local government
199	comprehensive plans. The plan shall be reviewed and updated
200	annually.
201	(5) The authority, through a resolution of its governing
202	board, may elect to expand its service area and board
203	partnership with any county contiguous to its service area. The
204	board shall determine the conditions and terms, including the
205	number of representatives of such partnership.
206	343.55 Issuance of revenue bonds.--
207	(1) The authority is authorized to borrow money as
208	provided by the State Bond Act for the purpose of paying all or
209	any part of the cost of any one or moreSouth Florida Regional
210	Transportation AuthorityTri-County Railprojects. The principal
211	of, and the interest on, such bonds shall be payable solely from
212	revenues pledged for their payment.
213	(2) The proceeds of the bonds of each issue shall be used
214	solely for the payment of the cost oftheTri-County Rail
215	projects for which such bonds shall have been issued, except as
216	provided in the State Bond Act. Such proceeds shall be disbursed
217	and used as provided in this part and in such manner and under
218	such restrictions, if any, as the Division of Bond Finance may
219	provide in the resolution authorizing the issuance of such bonds
220	or in the trust agreement securing the same.
221	(3) The Division of Bond Finance is authorized to issue
222	revenue bonds on behalf of the authority to finance or refinance
223	the cost ofTri-County Railprojects.
224	343.56 Bonds not debts or pledges of credit of
225	state.--Revenue bonds issued under the provisions of this part
226	are not debts of the state or pledges of the faith and credit of
227	the state. Such bonds are payable exclusively from revenues
228	pledged for their payment. All such bonds shall contain a
229	statement on their face that the state is not obligated to pay
230	the same or the interest thereon, except from the revenues
231	pledged for their payment, and that the faith and credit of the
232	state is not pledged to the payment of the principal or interest
233	of such bonds. The issuance of revenue bonds under the
234	provisions of this part does not directly, indirectly, or
235	contingently obligate the state to levy or to pledge any form of
236	taxation whatsoever, or to make any appropriation for their
237	payment. No state funds shall be used to pay the principal or
238	interest of any bonds issued to finance or refinance any portion
239	of theSouth Florida Regional Transportation AuthorityTri-
240	County Railsystem, and all such bonds shall contain a statement
241	on their face to this effect. However, federal funds being
242	passed through the department to theSouth Florida Regional
243	Transportation AuthorityTri-County Rail systemand those state
244	matching funds required by the United States Department of
245	Transportation as a condition of federal funding may be used to
246	pay principal and interest of any bonds issued.
247	343.57 Pledge to bondholders not to restrict certain
248	rights of authority.--The state pledges to and agrees with the
249	holders of the bonds issued pursuant to this part that the state
250	will not limit or restrict the rights vested in the authority to
251	construct, reconstruct, maintain, and operate anyTri-County
252	Railproject as defined in this part, to establish and collect
253	such fees or other charges as may be convenient or necessary to
254	produce sufficient revenues to meet the expenses of maintenance
255	and operation of theTri-County Railsystem, and to fulfill the
256	terms of any agreements made with the holders of bonds
257	authorized by this part. The state further pledges that it will
258	not in any way impair the rights or remedies of the holders of
259	such bonds until the bonds, together with interest thereon, are
260	fully paid and discharged.
261	343.58 User fee.--There is hereby levied and imposed an
262	annual license user fee in the amount of $2 for the registration
263	or renewal of registration of vehicles taxed under s. 320.08 in
264	the area served by the South Florida Regional Transportation
265	Authority. The Department of Highway Safety and Motor Vehicles
266	shall monthly remit the proceeds of the surcharge to the South
267	Florida Regional Transportation Authority.
268	Section 2. Paragraphs (a) and (b) of subsection (6) of
269	section 112.3148, Florida Statutes, is amended to read:
270	112.3148 Reporting and prohibited receipt of gifts by
271	individuals filing full or limited public disclosure of
272	financial interests and by procurement employees.--
273	(6)(a) Notwithstanding the provisions of subsection (5),
274	an entity of the legislative or judicial branch, a department or
275	commission of the executive branch, a water management district
276	created pursuant to s. 373.069,South Florida Regional
277	TransportationTri-County Commuter RailAuthority, the
278	Technological Research and Development Authority, a county, a
279	municipality, an airport authority, or a school board may give,
280	either directly or indirectly, a gift having a value in excess
281	of $100 to any reporting individual or procurement employee if a
282	public purpose can be shown for the gift; and a direct-support
283	organization specifically authorized by law to support a
284	governmental entity may give such a gift to a reporting
285	individual or procurement employee who is an officer or employee
286	of such governmental entity.
287	(b) Notwithstanding the provisions of subsection (4), a
288	reporting individual or procurement employee may accept a gift
289	having a value in excess of $100 from an entity of the
290	legislative or judicial branch, a department or commission of
291	the executive branch, a water management district created
292	pursuant to s. 373.069,South Florida Regional Transportation
293	Tri-County Commuter RailAuthority, the Technological Research
294	and Development Authority, a county, a municipality, an airport
295	authority, or a school board if a public purpose can be shown
296	for the gift; and a reporting individual or procurement employee
297	who is an officer or employee of a governmental entity supported
298	by a direct-support organization specifically authorized by law
299	to support such governmental entity may accept such a gift from
300	such direct-support organization.
301	Section 3. Paragraph (d) of subsection (10) of section
302	768.28, Florida Statutes, is amended to read:
303	768.28 Waiver of sovereign immunity in tort actions;
304	recovery limits; limitation on attorney fees; statute of
305	limitations; exclusions; indemnification; risk management
306	programs.--
307	(10)
308	(d) For the purposes of this section, operators,
309	dispatchers, and providers of security for rail services and
310	rail facility maintenance providers in the South Florida Rail
311	Corridor, or any of their employees or agents, performing such
312	services under contract with and on behalf of theSouth Florida
313	Regional TransportationTri-County Commuter RailAuthority or
314	the Department of Transportation shall be considered agents of
315	the state while acting within the scope of and pursuant to
316	guidelines established in said contract or by rule.
317	Section 4. This act shall take effect upon becoming a law.
318