HB 1835, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to public transit; amending s. 343.51,
3	F.S.; revising the short title; amending s. 343.52, F.S.;
4	revising definitions; amending s. 343.53, F.S.;
5	redesignating the Tri-County Commuter Rail Authority as
6	the South Florida Regional Transportation Authority;
7	revising provisions relating to appointment of the
8	governing board of the authority; amending s. 343.54,
9	F.S.; revising powers and duties of the authority;
10	providing conditions for acquisition of an existing entity
11	by the authority; authorizing the authority to expand its
12	service area into counties contiguous to the service area
13	of the authority upon consent of the board of county
14	commissioners; amending ss. 343.55, 343.56, 343.57,
15	112.3148, and 768.28, F.S.; conforming provisions to
16	changes made by the act; providing for county funding for
17	the authority; authorizing a tax on registration;
18	requiring approval by referendum for such tax; providing
19	for distribution to the authority of moneys received for
20	said tax; providing a statement of important state
21	interest; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Section 343.51, Florida Statutes, is amended to
26	read:
27	343.51 PartShorttitle.--This part may be cited as the
28	"South Florida Regional TransportationTri-County Commuter Rail
29	Authority Act."
30	Section 2. Section 343.52, Florida Statutes, is amended to
31	read:
32	343.52 Definitions.--As used in this part, unless the
33	context clearly indicates otherwise,the term:
34	(1) "Authority" means the South Florida Regional
35	TransportationTri-County Commuter RailAuthority.
36	(2) "Board" means the governing body of the authority.
37	(3) "Area served" means Miami-Dade, Broward, and Palm
38	Beach Counties. However, this area may be expanded by mutual
39	consent of the authority and the board of county commissioners
40	representing the proposed expansion area.
41	(4)(3) "Transit systemCommuter railroad" means a system
42	used for the transportation of people and goods by means of,
43	without limitation, a street railway, an elevated railway having
44	a fixed guideway, a commuter railroad, a subway, motor vehicles,
45	or motor buses and includes a complete system of tracks,
46	guideways, stations, and rolling stock necessary to effectuate
47	medium-distance to long-distance passenger railservice to or
48	from the surrounding regional municipalities.
49	(5)(4) "TransitCommuter rail facilities" means property,
50	and avenues of access, equipment, or buildings built and
51	installed in Miami-DadeDade, Broward, and Palm Beach Counties,
52	which are required to support a transit systemfor commuter rail
53	or fixed guideway systems.
54	(6)(5)"Member" means the individuals constituting the
55	board.
56	(7)(6) "Feeder transit services" means a transit system
57	that transportsfixed guideway or bus service to transport
58	passengers to or fromrail stations within or across counties.
59	Section 3. Section 343.53, Florida Statutes, is amended to
60	read:
61	343.53 South Florida Regional TransportationTri-County
62	Commuter RailAuthority.--
63	(1) There is created and established a body politic and
64	corporate, an agency of the state, to be known as the "South
65	Florida Regional TransportationTri-County Commuter Rail
66	Authority," hereinafter referred to as the "authority."
67	(2) The governing board of the authority shall consist of
68	nine voting members, as follows:
69	(a) The county commissions of Miami-DadeDade, Broward,
70	and Palm Beach Counties shall each elect a commissioner as that
71	commission's representative on the board. The commissioner must
72	be a member of the county commission when elected and for the
73	full extent of his or her term.
74	(b) The county commissions of Miami-DadeDade, Broward,
75	and Palm Beach Counties shall each appoint a citizen member to
76	the board who is not a member of the county commission but who
77	is a resident of the county from which he or she is appointed
78	and a qualified elector of that county. Insofar as practicable,
79	the citizen member shall represent the business and civic
80	interests of the community.
81	(c) The secretary of the Department of Transportation
82	shall appoint one of the district secretaries, or his or her
83	designee, for the districts within which the area served by the
84	authoritytri-county rail is located.
85	(d) If the authority's service area is expanded pursuant
86	to s. 343.54(5), the county containing the new service area
87	shall have three members appointed to the board as follows:
88	1. The county commission of such county shall elect a
89	commissioner as that commission's representative on the board.
90	The commissioner must be a member of the county commission when
91	elected and for the full extent of his or her term.
92	2. The county commission of such county shall appoint a
93	citizen member to the board who is not a member of the county
94	commission but who is a resident and a qualified elector of that
95	county. Insofar as practicable, the citizen member shall
96	represent the business and civic interests of the community.
97	3. The Governor shall appoint a citizen member to the
98	board who is not a member of the county commission but who is a
99	resident and a qualified elector of that county.The other eight
100	members of the board shall elect, by a simple majority vote, an
101	at-large member who is a resident and qualified elector in the
102	area served by the tri-county rail.
103	(e) The Governor shall appoint two membersone memberto
104	the board who are residents and qualified electorsis a resident
105	and qualified elector in the area served by the authority but
106	who are not residents of the same county and also not residents
107	of the county in which the district secretary who was appointed
108	pursuant to paragraph (c) is a residenttri-county rail.
109	(3)(a) Members of the governing board of the authority
110	shall serve 4-year staggered terms, except that the terms of the
111	appointees of the Governor shall be concurrent.
112	(b) The terms of the board members currently serving on
113	the authority that is being succeeded by this act shall expire
114	July 30, 2003, at which time the terms of the members appointed
115	pursuant to subsection (2) shall commence. The Governor shall
116	make his or her appointments to the board within 30 days after
117	July 30, 2003.The terms of the county commissioners on the
118	governing board of the authority shall be 2 years. All other
119	members on the governing board of the authority shall serve
120	staggered 4-year terms. Each member shall hold office until his
121	or her successor has been appointed.
122	(4) A vacancy during a term shall be filled by the
123	respective appointing authority in the same manner as the
124	original appointment and only for the balance of the unexpired
125	term.
126	(5) The members of the authority shall serve withoutnot
127	be entitled to compensation, but are entitled to reimbursement
128	shall be reimbursedfor travel expenses actually incurred in
129	their duties as provided by law.
130	Section 4. Section 343.54, Florida Statutes, is amended to
131	read:
132	343.54 Powers and duties.--
133	(1)(a) The authority created and established by this part
134	shall have the right to own, operate, maintain, and manage a
135	transitcommuter rail system in the tri-county area of Broward,
136	Miami-DadeDade, and Palm Beach Counties, hereinafter referred
137	to as the South Florida Regional Transportation AuthorityTri-
138	County Rail.
139	(b) It is the express intention of this part that the
140	authority be authorized to plan, develop, own, purchase, lease,
141	or otherwise acquire, demolish, construct, improve, relocate,
142	equip, repair, maintain, operate, and manage a transitcommuter
143	rail system and transitcommuter railfacilities; to establish
144	and determine thesuch policies as may benecessary for the best
145	interest of the operation and promotion of a transitcommuter
146	rail system; and to adopt such rules as may benecessary to
147	govern the operation of a transitcommuter rail system and
148	transitcommuter rail facilities. It is the intent of the
149	Legislature that the South Florida Regional Transportation
150	Authority shall have the overall authority to coordinate,
151	develop, and operate a regional transportation system within the
152	area served.
153	(c) Notwithstanding subsection (3), the South Florida
154	Regional Transportation Authority may not exercise the powers in
155	paragraph (b) in regard to an existing system for transporting
156	people and goods by any means owned by another entity without
157	the consent of such entity. Furthermore, if the authority
158	acquires, purchases, operates, condemns, or inherits an existing
159	entity, it shall also inherit and assume all rights, assets,
160	labor agreements, appropriations, privileges, and obligations of
161	the existing entity. This paragraph does not preclude the South
162	Florida Regional Transportation Authority from having the
163	primary responsibility to develop and coordinate transportation
164	systems within the South Florida Regional Transportation
165	Authority service area.
166	(2) The authority created in this parthereinshall be the
167	successor and assignee of the Tri-County Commuter Rail Authority
168	Organization (TCRO) and shall inherit all rights, assets, labor
169	agreements, appropriations, privileges, and obligations of the
170	Tri-County Commuter Rail AuthorityTCRO.
171	(3) The authority may exercise all powers necessary,
172	appurtenant, convenient, or incidental to the carrying out of
173	the aforesaid purposes, including, but not limited to, the
174	following rights and powers:
175	(a) To sue and be sued, implead and be impleaded, complain
176	and defend in all courts in its own name.
177	(b) To adopt and use a corporate seal.
178	(c) To have the power of eminent domain, including the
179	procedural powers granted under chapters 73 and 74.
180	(d) To acquire, purchase, hold, lease as a lessee, and use
181	any franchise or property, real, personal, or mixed, tangible or
182	intangible, or any interest therein, necessary or desirable for
183	carrying out the purposes of the authority.
184	(e) To sell, convey, exchange, lease, or otherwise dispose
185	of any real or personal property acquired by the authority,
186	including air rights.
187	(f) To fix, alter, establish, and collect rates, fares,
188	fees, rentals, and other charges for the use of any transit
189	commuter rail system or transitfacilities owned or operated by
190	the authority.
191	(g) To develop and provide feeder transit services to or
192	fromrail stations within or across counties.
193	(h) To adopt bylaws for the regulation of the affairs and
194	the conduct of the business of the authority. The bylaws shall
195	provide for quorum and voting requirements, maintenance of
196	minutes and other official records, and preparation and adoption
197	of an annual budget.
198	(i) To lease, rent, or contract for the operation or
199	management of any part of a transitcommuter rail system or
200	transitcommuter railfacility, including feeder transit
201	services and concessions. In awarding a contract, the authority
202	shall consider, but is not limited to, the following:
203	1. The qualifications of each applicant.
204	2. The level of service.
205	3. The efficiency, cost, and anticipated revenue.
206	4. The construction, operation, and management plan.
207	5. The financial ability to provide reliable service.
208	6. The impact on other transportation modes, including the
209	ability to interface with other transportation modes and
210	facilities.
211	(j) To enforce collection of rates, fees, and charges, and
212	to establish and enforce fines and penalties for violations of
213	any rules.
214	(k) To advertise and promote transitcommuter rail
215	systems, transitfacilities, and activities of the authority.
216	(l) To employ an executive director, attorney, staff, and
217	consultants.
218	(m) To cooperate with other governmental entities and to
219	contract with other governmental agencies, including the
220	Department of Transportation, the Federal Government, regional
221	planning councils,counties, and municipalities.
222	(n) To enter into joint development agreements.
223	(o) To accept funds from other governmental sources, and
224	to accept private donations.
225	(p) To purchase by directly contracting with local,
226	national, or international insurance companies to provide
227	liability insurance which the authority is contractually and
228	legally obligated to provide, the requirements of s. 287.022(1),
229	notwithstanding.
230	(4) The authority shall develop and adopt a plan for the
231	operation, maintenance, and expansion of the transit systemtri-
232	county commuter rail service. Such plan shall address the
233	authority's plan for the development of public and private
234	revenue sources, and the service to be provided, including
235	expansions of current service which are consistent, to the
236	maximum extent feasible, with approved local government
237	comprehensive plans. The plan shall be reviewed and updated
238	annually.
239	(5) The authority, by a resolution of its governing board,
240	may expand its service area and enter into a partnership with
241	any county that is contiguous to the service area of the
242	authority. The board shall determine the conditions and terms of
243	the partnership, except as provided herein. However, the
244	authority may not expand its service area without the consent of
245	the board of county commissioners representing the proposed
246	expansion area, and no county may be added to the service area
247	except in the year when federal reauthorization legislation for
248	transportation funds is passed.
249	Section 5. Section 343.55, Florida Statutes, is amended to
250	read:
251	343.55 Issuance of revenue bonds.--
252	(1) The authority is authorized to borrow money as
253	provided by the State Bond Act for the purpose of paying all or
254	any part of the cost of any one or more Tri-County Rail projects
255	of the South Florida Regional Transportation Authority. The
256	principal of, and the interest on, such bonds shall be payable
257	solely from revenues pledged for their payment.
258	(2) The proceeds of the bonds of each issue shall be used
259	solely for the payment of the cost of theTri-County Rail
260	projects for which such bonds shall have been issued, except as
261	provided in the State Bond Act. Such proceeds shall be
262	disbursed and used as provided in this part and in such manner
263	and under such restrictions, if any, as the Division of Bond
264	Finance may provide in the resolution authorizing the issuance
265	of such bonds or in the trust agreement securing the same.
266	(3) The Division of Bond Finance is authorized to issue
267	revenue bonds on behalf of the authority to finance or refinance
268	the cost of Tri-County Railprojects.
269	Section 6. Section 343.56, Florida Statutes, is amended to
270	read:
271	343.56 Bonds not debts or pledges of credit of
272	state.--Revenue bonds issued under the provisions of this part
273	are not debts of the state or pledges of the faith and credit of
274	the state. Such bonds are payable exclusively from revenues
275	pledged for their payment. All such bonds shall contain a
276	statement on their face that the state is not obligated to pay
277	the same or the interest thereon, except from the revenues
278	pledged for their payment, and that the faith and credit of the
279	state is not pledged to the payment of the principal or interest
280	of such bonds. The issuance of revenue bonds under the
281	provisions of this part does not directly, indirectly, or
282	contingently obligate the state to levy or to pledge any form of
283	taxation whatsoever, or to make any appropriation for their
284	payment. No state funds shall be used to pay the principal or
285	interest of any bonds issued to finance or refinance any portion
286	of the South Florida Regional Transportation Authority transit
287	Tri-County Railsystem, and all such bonds shall contain a
288	statement on their face to this effect. However, federal funds
289	being passed through the department to the South Florida
290	Regional Transportation AuthorityTri-County Rail systemand
291	those state matching funds required by the United States
292	Department of Transportation as a condition of federal funding
293	may be used to pay principal and interest of any bonds issued.
294	Section 7. Section 343.57, Florida Statutes, is amended to
295	read:
296	343.57 Pledge to bondholders not to restrict certain
297	rights of authority.--The state pledges to and agrees with the
298	holders of the bonds issued pursuant to this part that the state
299	will not limit or restrict the rights vested in the authority to
300	construct, reconstruct, maintain, and operate any Tri-County
301	Railproject as defined in this part, to establish and collect
302	such fees or other charges as may be convenient or necessary to
303	produce sufficient revenues to meet the expenses of maintenance
304	and operation of the Tri-County Railsystem, and to fulfill the
305	terms of any agreements made with the holders of bonds
306	authorized by this part. The state further pledges that it will
307	not in any way impair the rights or remedies of the holders of
308	such bonds until the bonds, together with interest thereon, are
309	fully paid and discharged.
310	Section 8. Paragraphs (a) and (b) of subsection (6) of
311	section 112.3148, Florida Statutes, are amended to read:
312	112.3148 Reporting and prohibited receipt of gifts by
313	individuals filing full or limited public disclosure of
314	financial interests and by procurement employees.--
315	(6)(a) Notwithstanding the provisions of subsection (5),
316	an entity of the legislative or judicial branch, a department or
317	commission of the executive branch, a water management district
318	created pursuant to s. 373.069, the South Florida Regional
319	TransportationTri-County Commuter RailAuthority, the
320	Technological Research and Development Authority, a county, a
321	municipality, an airport authority, or a school board may give,
322	either directly or indirectly, a gift having a value in excess
323	of $100 to any reporting individual or procurement employee if a
324	public purpose can be shown for the gift; and a direct-support
325	organization specifically authorized by law to support a
326	governmental entity may give such a gift to a reporting
327	individual or procurement employee who is an officer or employee
328	of such governmental entity.
329	(b) Notwithstanding the provisions of subsection (4), a
330	reporting individual or procurement employee may accept a gift
331	having a value in excess of $100 from an entity of the
332	legislative or judicial branch, a department or commission of
333	the executive branch, a water management district created
334	pursuant to s. 373.069, the South Florida Regional
335	TransportationTri-County Commuter RailAuthority, the
336	Technological Research and Development Authority, a county, a
337	municipality, an airport authority, or a school board if a
338	public purpose can be shown for the gift; and a reporting
339	individual or procurement employee who is an officer or employee
340	of a governmental entity supported by a direct-support
341	organization specifically authorized by law to support such
342	governmental entity may accept such a gift from such direct-
343	support organization.
344	Section 9. Paragraph (d) of subsection (10) of section
345	768.28, Florida Statutes, is amended to read:
346	768.28 Waiver of sovereign immunity in tort actions;
347	recovery limits; limitation on attorney fees; statute of
348	limitations; exclusions; indemnification; risk management
349	programs.--
350	(10)
351	(d) For the purposes of this section, operators,
352	dispatchers, and providers of security for rail services and
353	rail facility maintenance providers in the South Florida Rail
354	Corridor, or any of their employees or agents, performing such
355	services under contract with and on behalf of the South Florida
356	Regional TransportationTri-County Commuter RailAuthority or
357	the Department of Transportation shall be considered agents of
358	the state while acting within the scope of and pursuant to
359	guidelines established in said contract or by rule.
360	Section 10. County funding for the South Florida Regional
361	Transportation Authority.--
362	(1) Each county served by the South Florida Regional
363	Transportation Authority must dedicate $2.67 million to that
364	authority annually. The recurring annual $2.67 million must be
365	dedicated by the governing body of each county by August 1,
366	2003. Notwithstanding ss. 206.41 and 206.87, Florida Statutes,
367	such dedicated funding may come from each county's share of the
368	ninth-cent fuel tax, the local option fuel tax, or any other
369	source of local gas taxes or other nonfederal funds available to
370	the counties. Additionally, the Legislature authorizes the levy
371	of an annual license tax in the amount of $2 for the
372	registration or renewal of registration of each vehicle taxed
373	under s. 320.08 and registered in the area served by the South
374	Florida Regional Transportation Authority. The annual license
375	tax shall take effect in any county served by the authority upon
376	approval by a vote of at least a majority of qualified electors
377	who participate in the vote in that respective county. Following
378	approval by the residents in a county served by the authority,
379	the annual license tax shall be levied and the Department of
380	Highway Safety and Motor Vehicles shall remit the proceeds each
381	month from the tax to the South Florida Regional Transportation
382	Authority.
383	(2) Additionally, each county shall continue to annually
384	fund the operations of the South Florida Regional Transportation
385	Authority in an amount not less than $1.565 million. Such funds
386	pursuant to this subsection shall also be considered a dedicated
387	funding source.
388
389	If, by December 31, 2009, the South Florida Regional
390	Transportation Authority has not received federal matching
391	dollars based upon the dedication of funds pursuant to
392	subsection (1), then subsection (1) is repealed.
393	Section 11. The Legislature finds that a proper and
394	legitimate state purpose is served in the effective and
395	efficient planning and operation of a regional transportation
396	system.
397	Section 12. This act shall take effect July 1, 2003.