HB 1835 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to public transit; amending s. 343.51,
12	F.S.; revising the short title; amending s. 343.52, F.S.;
13	revising definitions; amending s. 343.53, F.S.;
14	redesignating the Tri-County Commuter Rail Authority as
15	the South Florida Regional Transportation Authority;
16	revising provisions relating to appointment of the
17	governing board of the authority; amending s. 343.54,
18	F.S.; revising powers and duties of the authority;
19	authorizing the authority to expand its service area into
20	counties contiguous to the service area of the authority
21	upon consent of the board of county commissioners;
22	amending ss. 343.55, 343.56, 343.57, 112.3148, and 768.28,
23	F.S.; conforming provisions to changes made by the act;
24	providing for county funding for the authority; providing
25	an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
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29	Section 1. Section 343.51, Florida Statutes, is amended to
30	read:
31	343.51 PartShorttitle.--This part may be cited as the
32	"South Florida Regional TransportationTri-County Commuter Rail
33	Authority Act."
34	Section 2. Section 343.52, Florida Statutes, is amended to
35	read:
36	343.52 Definitions.--As used in this part, unless the
37	context clearly indicates otherwise,the term:
38	(1) "Authority" means the South Florida Regional
39	TransportationTri-County Commuter RailAuthority.
40	(2) "Board" means the governing body of the authority.
41	(3) "Area served" means Miami-Dade, Broward, and Palm
42	Beach Counties. However, this area may be expanded by mutual
43	consent of the authority and the board of county commissioners
44	representing the proposed expansion area.
45	(4)(3) "Transit systemCommuter railroad" means a system
46	used for the transportation of people and goods by means of,
47	without limitation, a street railway, an elevated railway having
48	a fixed guideway, a commuter railroad, a subway, motor vehicles,
49	or motor buses and includes a complete system of tracks,
50	guideways, stations, and rolling stock necessary to effectuate
51	medium-distance to long-distance passenger railservice to or
52	from the surrounding regional municipalities.
53	(5)(4) "TransitCommuter rail facilities" means property,
54	and avenues of access, equipment, or buildings built and
55	installed in Miami-DadeDade, Broward, and Palm Beach Counties,
56	which are required to support a transit systemfor commuter rail
57	or fixed guideway systems.
58	(6)(5)"Member" means the individuals constituting the
59	board.
60	(7)(6) "Feeder transit services" means a transit system
61	that transportsfixed guideway or bus service to transport
62	passengers to or fromrail stations within or across counties.
63	Section 3. Section 343.53, Florida Statutes, is amended to
64	read:
65	343.53 South Florida Regional TransportationTri-County
66	Commuter RailAuthority.--
67	(1) There is created and established a body politic and
68	corporate, an agency of the state, to be known as the "South
69	Florida Regional TransportationTri-County Commuter Rail
70	Authority," hereinafter referred to as the "authority."
71	(2) The governing board of the authority shall consist of
72	nine voting members, as follows:
73	(a) The county commissions of Miami-DadeDade, Broward,
74	and Palm Beach Counties shall each elect a commissioner as that
75	commission's representative on the board. The commissioner must
76	be a member of the county commission when elected and for the
77	full extent of his or her term.
78	(b) The county commissions of Miami-DadeDade, Broward,
79	and Palm Beach Counties shall each appoint a citizen member to
80	the board who is not a member of the county commission but who
81	is a resident of the county from which he or she is appointed
82	and a qualified elector of that county. Insofar as practicable,
83	the citizen member shall represent the business and civic
84	interests of the community.
85	(c) The secretary of the Department of Transportation
86	shall appoint one of the district secretaries, or his or her
87	designee, for the districts within which the area served by the
88	authoritytri-county rail is located.
89	(d) If the authority's service area is expanded pursuant
90	to s. 343.54(5), the county containing the new service area
91	shall have three members appointed to the board as follows:
92	1. The county commission of such county shall elect a
93	commissioner as that commission's representative on the board.
94	The commissioner must be a member of the county commission when
95	elected and for the full extent of his or her term.
96	2. The county commission of such county shall appoint a
97	citizen member to the board who is not a member of the county
98	commission but who is a resident and a qualified elector of that
99	county. Insofar as practicable, the citizen member shall
100	represent the business and civic interests of the community.
101	3. The Governor shall appoint a citizen member to the
102	board who is not a member of the county commission but who is a
103	resident and a qualified elector of that county.The other eight
104	members of the board shall elect, by a simple majority vote, an
105	at-large member who is a resident and qualified elector in the
106	area served by the tri-county rail.
107	(e) The Governor shall appoint two membersone memberto
108	the board who are residents and qualified electorsis a resident
109	and qualified elector in the area served by the authority but
110	who are not residents of the same county and also not residents
111	of the county in which the district secretary who was appointed
112	pursuant to paragraph (c) is a resident. The residency
113	requirement under this paragraph shall apply only to initial
114	appointmentstri-county rail.
115	(3)(a) Members of the governing board of the authority
116	shall serve 4-year staggered terms, except that the terms of the
117	appointees of the Governor shall be concurrent.
118	(b) The terms of the board members currently serving on
119	the authority that is being succeeded by this act shall expire
120	July 30, 2003, at which time the terms of the members appointed
121	pursuant to subsection (2) shall commence. The Governor shall
122	make his or her appointments to the board within 30 days after
123	July 30, 2003.The terms of the county commissioners on the
124	governing board of the authority shall be 2 years. All other
125	members on the governing board of the authority shall serve
126	staggered 4-year terms. Each member shall hold office until his
127	or her successor has been appointed.
128	(4) A vacancy during a term shall be filled by the
129	respective appointing authority in the same manner as the
130	original appointment and only for the balance of the unexpired
131	term.
132	(5) The members of the authority shall serve withoutnot
133	be entitled to compensation, but are entitled to reimbursement
134	shall be reimbursedfor travel expenses actually incurred in
135	their duties as provided by law.
136	Section 4. Section 343.54, Florida Statutes, is amended to
137	read:
138	343.54 Powers and duties.--
139	(1)(a) The authority created and established by this part
140	shall have the right to own, operate, maintain, and manage a
141	transitcommuter rail system in the tri-county area of Broward,
142	Miami-DadeDade, and Palm Beach Counties, hereinafter referred
143	to as the South Florida Regional Transportation AuthorityTri-
144	County Rail.
145	(b) It is the express intention of this part that the
146	authority be authorized to plan, develop, own, purchase, lease,
147	or otherwise acquire, demolish, construct, improve, relocate,
148	equip, repair, maintain, operate, and manage a transitcommuter
149	rail system and transitcommuter railfacilities; to establish
150	and determine thesuch policies as may benecessary for the best
151	interest of the operation and promotion of a transitcommuter
152	rail system; and to adopt such rules as may benecessary to
153	govern the operation of a transitcommuter rail system and
154	transitcommuter rail facilities. It is the intent of the
155	Legislature that the South Florida Regional Transportation
156	Authority shall have the overall authority to coordinate,
157	develop, and operate a regional transportation system within the
158	area served.
159	(c) Notwithstanding subsection (3), the South Florida
160	Regional Transportation Authority may not exercise the powers in
161	paragraph (b) in regard to an existing system for transporting
162	people and goods by any means owned by another entity without
163	the consent of such entity. This paragraph does not preclude the
164	South Florida Regional Transportation Authority from having the
165	primary responsibility to develop and coordinate transportation
166	systems within the South Florida Regional Transportation
167	Authority service area.
168	(2) The authority created in this parthereinshall be the
169	successor and assignee of the Tri-County Commuter Rail Authority
170	Organization (TCRO)and shall inherit all rights, assets,
171	agreements, appropriations, privileges, and obligations of the
172	Tri-County Commuter Rail AuthorityTCRO.
173	(3) The authority may exercise all powers necessary,
174	appurtenant, convenient, or incidental to the carrying out of
175	the aforesaid purposes, including, but not limited to, the
176	following rights and powers:
177	(a) To sue and be sued, implead and be impleaded, complain
178	and defend in all courts in its own name.
179	(b) To adopt and use a corporate seal.
180	(c) To have the power of eminent domain, including the
181	procedural powers granted under chapters 73 and 74.
182	(d) To acquire, purchase, hold, lease as a lessee, and use
183	any franchise or property, real, personal, or mixed, tangible or
184	intangible, or any interest therein, necessary or desirable for
185	carrying out the purposes of the authority.
186	(e) To sell, convey, exchange, lease, or otherwise dispose
187	of any real or personal property acquired by the authority,
188	including air rights.
189	(f) To fix, alter, establish, and collect rates, fares,
190	fees, rentals, and other charges for the use of any transit
191	commuter rail system or transitfacilities owned or operated by
192	the authority.
193	(g) To develop and provide feeder transit services to or
194	fromrail stations within or across counties.
195	(h) To adopt bylaws for the regulation of the affairs and
196	the conduct of the business of the authority. The bylaws shall
197	provide for quorum and voting requirements, maintenance of
198	minutes and other official records, and preparation and adoption
199	of an annual budget.
200	(i) To lease, rent, or contract for the operation or
201	management of any part of a transitcommuter rail system or
202	transitcommuter railfacility, including feeder transit
203	services and concessions. In awarding a contract, the authority
204	shall consider, but is not limited to, the following:
205	1. The qualifications of each applicant.
206	2. The level of service.
207	3. The efficiency, cost, and anticipated revenue.
208	4. The construction, operation, and management plan.
209	5. The financial ability to provide reliable service.
210	6. The impact on other transportation modes, including the
211	ability to interface with other transportation modes and
212	facilities.
213	(j) To enforce collection of rates, fees, and charges, and
214	to establish and enforce fines and penalties for violations of
215	any rules.
216	(k) To advertise and promote transitcommuter rail
217	systems, transitfacilities, and activities of the authority.
218	(l) To employ an executive director, attorney, staff, and
219	consultants.
220	(m) To cooperate with other governmental entities and to
221	contract with other governmental agencies, including the
222	Department of Transportation, the Federal Government, regional
223	planning councils,counties, and municipalities.
224	(n) To enter into joint development agreements.
225	(o) To accept funds from other governmental sources, and
226	to accept private donations.
227	(p) To purchase by directly contracting with local,
228	national, or international insurance companies to provide
229	liability insurance which the authority is contractually and
230	legally obligated to provide, the requirements of s. 287.022(1),
231	notwithstanding.
232	(4) The authority shall develop and adopt a plan for the
233	operation, maintenance, and expansion of the transit systemtri-
234	county commuter rail service. Such plan shall address the
235	authority's plan for the development of public and private
236	revenue sources, and the service to be provided, including
237	expansions of current service which are consistent, to the
238	maximum extent feasible, with approved local government
239	comprehensive plans. The plan shall be reviewed and updated
240	annually.
241	(5) The authority, by a resolution of its governing board,
242	may expand its service area and enter into a partnership with
243	any county that is contiguous to the service area of the
244	authority. The board shall determine the conditions and terms of
245	the partnership, except as provided herein. However, the
246	authority may not expand its service area without the consent of
247	the board of county commissioners representing the proposed
248	expansion area, and no county may be added to the service area
249	except in the year when federal reauthorization legislation for
250	transportation funds is passed.
251	Section 5. Section 343.55, Florida Statutes, is amended to
252	read:
253	343.55 Issuance of revenue bonds.--
254	(1) The authority is authorized to borrow money as
255	provided by the State Bond Act for the purpose of paying all or
256	any part of the cost of any one or more Tri-County Rail projects
257	of the South Florida Regional Transportation Authority. The
258	principal of, and the interest on, such bonds shall be payable
259	solely from revenues pledged for their payment.
260	(2) The proceeds of the bonds of each issue shall be used
261	solely for the payment of the cost of theTri-County Rail
262	projects for which such bonds shall have been issued, except as
263	provided in the State Bond Act. Such proceeds shall be
264	disbursed and used as provided in this part and in such manner
265	and under such restrictions, if any, as the Division of Bond
266	Finance may provide in the resolution authorizing the issuance
267	of such bonds or in the trust agreement securing the same.
268	(3) The Division of Bond Finance is authorized to issue
269	revenue bonds on behalf of the authority to finance or refinance
270	the cost of Tri-County Railprojects.
271	Section 6. Section 343.56, Florida Statutes, is amended to
272	read:
273	343.56 Bonds not debts or pledges of credit of
274	state.--Revenue bonds issued under the provisions of this part
275	are not debts of the state or pledges of the faith and credit of
276	the state. Such bonds are payable exclusively from revenues
277	pledged for their payment. All such bonds shall contain a
278	statement on their face that the state is not obligated to pay
279	the same or the interest thereon, except from the revenues
280	pledged for their payment, and that the faith and credit of the
281	state is not pledged to the payment of the principal or interest
282	of such bonds. The issuance of revenue bonds under the
283	provisions of this part does not directly, indirectly, or
284	contingently obligate the state to levy or to pledge any form of
285	taxation whatsoever, or to make any appropriation for their
286	payment. No state funds shall be used to pay the principal or
287	interest of any bonds issued to finance or refinance any portion
288	of the South Florida Regional Transportation Authority transit
289	Tri-County Railsystem, and all such bonds shall contain a
290	statement on their face to this effect. However, federal funds
291	being passed through the department to the South Florida
292	Regional Transportation AuthorityTri-County Rail systemand
293	those state matching funds required by the United States
294	Department of Transportation as a condition of federal funding
295	may be used to pay principal and interest of any bonds issued.
296	Section 7. Section 343.57, Florida Statutes, is amended to
297	read:
298	343.57 Pledge to bondholders not to restrict certain
299	rights of authority.--The state pledges to and agrees with the
300	holders of the bonds issued pursuant to this part that the state
301	will not limit or restrict the rights vested in the authority to
302	construct, reconstruct, maintain, and operate any Tri-County
303	Railproject as defined in this part, to establish and collect
304	such fees or other charges as may be convenient or necessary to
305	produce sufficient revenues to meet the expenses of maintenance
306	and operation of the Tri-County Railsystem, and to fulfill the
307	terms of any agreements made with the holders of bonds
308	authorized by this part. The state further pledges that it will
309	not in any way impair the rights or remedies of the holders of
310	such bonds until the bonds, together with interest thereon, are
311	fully paid and discharged.
312	Section 8. Paragraphs (a) and (b) of subsection (6) of
313	section 112.3148, Florida Statutes, are amended to read:
314	112.3148 Reporting and prohibited receipt of gifts by
315	individuals filing full or limited public disclosure of
316	financial interests and by procurement employees.--
317	(6)(a) Notwithstanding the provisions of subsection (5),
318	an entity of the legislative or judicial branch, a department or
319	commission of the executive branch, a water management district
320	created pursuant to s. 373.069, the South Florida Regional
321	TransportationTri-County Commuter RailAuthority, the
322	Technological Research and Development Authority, a county, a
323	municipality, an airport authority, or a school board may give,
324	either directly or indirectly, a gift having a value in excess
325	of $100 to any reporting individual or procurement employee if a
326	public purpose can be shown for the gift; and a direct-support
327	organization specifically authorized by law to support a
328	governmental entity may give such a gift to a reporting
329	individual or procurement employee who is an officer or employee
330	of such governmental entity.
331	(b) Notwithstanding the provisions of subsection (4), a
332	reporting individual or procurement employee may accept a gift
333	having a value in excess of $100 from an entity of the
334	legislative or judicial branch, a department or commission of
335	the executive branch, a water management district created
336	pursuant to s. 373.069, the South Florida Regional
337	TransportationTri-County Commuter RailAuthority, the
338	Technological Research and Development Authority, a county, a
339	municipality, an airport authority, or a school board if a
340	public purpose can be shown for the gift; and a reporting
341	individual or procurement employee who is an officer or employee
342	of a governmental entity supported by a direct-support
343	organization specifically authorized by law to support such
344	governmental entity may accept such a gift from such direct-
345	support organization.
346	Section 9. Paragraph (d) of subsection (10) of section
347	768.28, Florida Statutes, is amended to read:
348	768.28 Waiver of sovereign immunity in tort actions;
349	recovery limits; limitation on attorney fees; statute of
350	limitations; exclusions; indemnification; risk management
351	programs.--
352	(10)
353	(d) For the purposes of this section, operators,
354	dispatchers, and providers of security for rail services and
355	rail facility maintenance providers in the South Florida Rail
356	Corridor, or any of their employees or agents, performing such
357	services under contract with and on behalf of the South Florida
358	Regional TransportationTri-County Commuter RailAuthority or
359	the Department of Transportation shall be considered agents of
360	the state while acting within the scope of and pursuant to
361	guidelines established in said contract or by rule.
362	Section 10. County funding for the South Florida Regional
363	Transportation Authority.--
364	(1) Each county served by the South Florida Regional
365	Transportation Authority must dedicate $2.67 million to that
366	authority annually. The recurring annual $2.67 million must be
367	dedicated by the governing body of each county by August 1,
368	2003. Notwithstanding ss. 206.41 and 206.87, Florida Statutes,
369	such dedicated funding may come from each county's share of the
370	ninth-cent fuel tax, the local option fuel tax, or any other
371	source of local gas taxes or other nonfederal funds available to
372	the counties.
373	(2) Additionally, each county shall continue to annually
374	fund the operations of the South Florida Regional Transportation
375	Authority in an amount not less than $1.565 million. Such funds
376	pursuant to this subsection shall also be considered a dedicated
377	funding source and shall come from nonfederal funds.
378
379	If, by December 31, 2009, the South Florida Regional
380	Transportation Authority has not received federal matching
381	dollars based upon the dedication of funds pursuant to
382	subsection (1), then subsection (1) is repealed.
383	Section 11. This act shall take effect July 1, 2003.