Senate Bill sb2140c1

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    Florida Senate - 2003                           CS for SB 2140

    By the Committee on Transportation; and Senators Dockery,
    Argenziano, Jones, Alexander, Margolis, Bullard, Siplin,
    Miller, Dawson, Hill and Lee



    306-2498-03

  1                      A bill to be entitled

  2         An act relating to the Florida High-Speed Rail

  3         Authority; amending s. 341.8203, F.S.; amending

  4         the definition of "rail station," "station," or

  5         "high-speed rail station"; adding definition

  6         for "excess revenues"; providing that the

  7         general public shall have full and unrestricted

  8         access to high-speed rail stations; amending s.

  9         341.840, F.S.; providing that the tax exemption

10         granted the authority shall not apply to any

11         associated development or to income, sales, or

12         other taxable transactions related to any

13         associated development; creating s. 341.843,

14         F.S.; requiring specified contractors to

15         provide surety bonds; providing requirements

16         with respect to such bonds; creating s.

17         341.844, F.S.; authorizing the Division of Bond

18         Finance to issue revenue bonds for and on

19         behalf of the authority for the purpose of

20         financing or refinancing the construction,

21         reconstruction, and improvement of the

22         high-speed rail system; amending s. 341.830,

23         F.S.; providing that procurement by the

24         authority of any person or entity to provide

25         professional services shall be in accordance

26         with the Consultants' Competitive Negotiation

27         Act; providing an appropriation; creating s.

28         341.825, F.S.; requiring the Department of

29         Transportation to include a request for

30         specified expenditures to be provided to the

31         Florida High-Speed Rail Authority in its annual

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




 1         legislative budget requests for a specified

 2         period; providing requirements with respect to

 3         such budget requests and sources of

 4         appropriations; creating s. 341.826, F.S.;

 5         providing for the assignment, pledging, or

 6         setting aside of such funds as a trust for the

 7         payment of principal or interest on bonds

 8         issued by the authority; amending s. 341.827,

 9         F.S.; giving the authority the ability to

10         identify segment or project phases, and to

11         determine the order in which these phases are

12         completed, based on certain criteria;

13         specifying that subject to the National

14         Environmental Protection Act, the authority may

15         select a particular Orlando area route, based

16         on certain criteria; creating s. 341.845, F.S.;

17         specifying uses of excess revenues; providing

18         for two full-time equivalent positions;

19         providing an effective date.

20  

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

22  

23         Section 1.  Present subsections (6) through (14) of

24  section 341.8203, Florida Statutes, are renumbered as

25  subsections (7) through (15), respectively, a new subsection

26  is added to that section, and present subsection (10) of that

27  section is amended to read:

28         341.8203 Definitions.--As used in this act, unless the

29  context clearly indicates otherwise, the term:

30         (6)  "Excess revenues" means those revenues agreed upon

31  by contract between the authority and the DBOM or DBOM & F

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




 1  contractor as being excess revenues from any source within the

 2  operation of the high-speed rail system.

 3         (11)(10)  "Rail station," "station," or "high-speed

 4  rail station" means any structure or transportation facility

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

 6  accommodate the movement of passengers from one mode of

 7  transportation to another at which passengers board or

 8  disembark from transportation conveyances and transfer from

 9  one mode of transportation to another. As part of the

10  high-speed rail system the general public shall have full and

11  unrestricted access to all high-speed rail stations for the

12  purpose of using the high-speed rail system. All high-speed

13  rail stations must be accessible by regional intermodal

14  passenger modes to connect the surrounding community to the

15  high-speed rail station.

16         Section 2.  Section 341.840, Florida Statutes, is

17  amended to read:

18         341.840  Tax exemption.--The exercise of the powers

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

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

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

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

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

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

25  herein authorized, constitutes the performance of an essential

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

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

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

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

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

31  any security therefor, their transfer, and the income

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




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

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

 3  state, the counties, and the municipalities and other

 4  political subdivisions in the state; however, that the tax

 5  exemption pursuant to this section shall not apply to any

 6  associated development or to income, sales, or other taxable

 7  transactions related to any associated development.

 8         Section 3.  Section 341.843, Florida Statutes, is

 9  created to read:

10         341.843  Surety bond; requirement with respect to

11  high-speed rail system.--

12         (1)  The authority shall require, upon entering into a

13  DBOM or DBOM & F contract, that the contractor provide a

14  performance and payment bond in an amount determined by the

15  authority.

16         (2)  Prior to commencing any construction work by the

17  DBOM or DBOM & F contractor, the authority shall require that

18  the contractor provide to the authority a payment and

19  performance bond that covers 100 percent of the costs of the

20  construction; however, that if such level of surety is not

21  commercially available, the authority, notwithstanding ss.

22  255.05 and 337.18, may require a monetary surety amount of

23  less than 100 percent of such costs or may authorize that

24  surety bonds be provided on a phased basis.

25         (3)  The surety on such bonds shall be from a surety

26  company authorized to do business in the state. All bonds

27  shall be payable to the authority and conditioned on the

28  prompt, faithful, and efficient performance of the contract

29  according to plans and specifications and within the time

30  period specified and further conditioned on the prompt payment

31  

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




 1  of all persons furnishing labor, materials, equipment, and

 2  supplies therefor.

 3         (4)  The bond requirement of subsection (2) may be

 4  substantially in the form provided in s. 255.05(3).

 5         Section 4.  Section 341.844, Florida Statutes, is

 6  created to read:

 7         341.844  Revenue bonds; project financing.--Upon the

 8  request of the Florida High-Speed Rail Authority, the Division

 9  of Bond Finance is authorized pursuant to s. 11, Art. VII of

10  the State Constitution and the State Bond Act to issue revenue

11  bonds for and on behalf of the Florida High-Speed Rail

12  Authority for the purpose of financing or refinancing the

13  construction, reconstruction, and improvement of a high-speed

14  rail system.  Bonds issued pursuant to this section shall be

15  payable from the revenues of the high-speed rail system or

16  other revenues of the authority, including funds appropriated

17  for the authority.

18         Section 5.  Section 341.830, Florida Statutes, is

19  amended to read:

20         341.830  Procurement.--

21         (1)  The authority may employ procurement methods under

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

23  such chapters.  To enhance the effective and efficient

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

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

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

27  employ procurement methods available to the private sector.

28         (2)  The authority is authorized to procure commodities

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

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

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

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




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

 2  an invitation to negotiate.

 3         (3)  Notwithstanding any provision of this act to the

 4  contrary, procurement of any person or entity to provide any

 5  professional services as defined in s. 287.055(2)(a) shall be

 6  in accordance with the provisions of s. 287.055.

 7         Section 6.  Section 341.825, Florida Statutes, is

 8  created to read:

 9         341.825  Annual legislative budget

10  requests.--Commencing with fiscal year 2004-2005 and for the

11  following 30 fiscal years, the Department of Transportation

12  shall include in its annual legislative budget request an

13  expenditure of not less than $75 million to be provided by the

14  Department of Transportation to the Florida High-Speed Rail

15  Authority created by s. 341.821. Such budget shall include

16  funding for projects approved by the authority that are

17  determined by the authority to be in furtherance of the

18  construction of the high-speed rail system as defined in s.

19  341.8203(6). The funds described in this section shall be

20  appropriated from funds within the State Transportation Trust

21  Fund designated for the Transportation Outreach Program by s.

22  339.137 to the Florida High-Speed Rail Authority. In the event

23  funds designated for the Transportation Outreach Program are

24  insufficient to meet the total appropriation, the maximum

25  available funds shall be appropriated from the Transportation

26  Outreach Program and additional funds equal to the amount of

27  the insufficiency shall be appropriated from funds within the

28  State Transportation Trust Fund for public transportation

29  projects in accordance with chapter 341, as provided in s.

30  206.46(3), to the Florida High-Speed Rail Authority for the

31  purposes set forth in this section. In the event that s.

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    Florida Senate - 2003                           CS for SB 2140
    306-2498-03




 1  339.137 is repealed, the funds described in this section shall

 2  be appropriated from funds within the State Transportation

 3  Trust Fund committed by the Department of Transportation for

 4  public transportation projects in accordance with chapter 341,

 5  as provided in s. 206.46(3), to the Florida High-Speed Rail

 6  Authority for the purposes set forth in this section.

 7         Section 7.  Section 341.826, Florida Statutes, is

 8  created to read:

 9         341.826  Pledging of funds.--Funds allocated pursuant

10  to this act may be assigned, pledged, or set aside as a trust

11  for the payment of principal or interest on revenue bonds,

12  notes, or other forms of indebtedness issued by the Florida

13  High-Speed Rail Authority or on its behalf by the Division of

14  Bond Finance; however, such debt shall not constitute a

15  general obligation of the State of Florida. The state does

16  hereby covenant with holders of such revenue bonds or such

17  other instruments of indebtedness issued hereunder that it

18  will not repeal, impair, or amend in any manner the

19  appropriation of such funds that would materially or adversely

20  affect the rights of such holders, so long as bonds authorized

21  hereby are outstanding.

22         Section 8.  Subsections (1) and (2) of section 341.827,

23  Florida Statutes, are amended to read:

24         341.827  Service areas; segment designation.--

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

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

27  served by the high-speed rail system.

28         (b)  After completing the initial segments as described

29  in paragraph (2)(a), the authority also may identify segment

30  or project phases, and determine the order in which these

31  

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    Florida Senate - 2003                           CS for SB 2140
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 1  phases are completed, based on the criteria of paragraph

 2  (2)(c).

 3         (2)  The authority shall plan and develop the

 4  high-speed rail system so that construction proceeds as

 5  follows:

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

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

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

 9  area, with future service to the Miami area.  

10         (b)  Subject to the provisions of the National

11  Environmental Protection Act, the authority shall select in

12  the Orlando area the most direct route between the Orlando

13  International Airport, as the primary multi-modal hub in the

14  corridor, and the first destination station on the

15  Orlando-to-Tampa route which is identified as the Orlando area

16  station. This Orlando area station shall be located on the

17  corridor that provides the most direct route and the minimum

18  non-stop travel time, from Orlando International Airport to

19  Tampa. The minimum non-stop travel time from Orlando

20  International Airport to Tampa, used to make this

21  identification, shall be the times identified by DBOM or DBOM

22  & F proposers in their proposals submitted to the authority on

23  February 10, 2003, and who are deemed responsive by the

24  authority at the time this act becomes law. The Orlando area

25  station also must be one of the possible station sites

26  included in the Authority's DBOM & F "Request for Proposals

27  for Phase I, Part 1, Tampa to Orlando," issued October 7,

28  2002.

29         (c)(b)  Construction of subsequent segments of the

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

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

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    Florida Senate - 2003                           CS for SB 2140
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 1  Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.

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

 3  Tallahassee, and Pensacola.

 4         (d)(c)  Selection of segments of the high-speed rail

 5  system to be constructed subsequent to the initial segments of

 6  the system shall be prioritized by the authority, giving

 7  consideration to the demand for service, financial

 8  participation by local governments, financial participation by

 9  the private sector, and the available financial resources of

10  the authority.

11         Section 9.  Section 341.845, Florida Statutes, is

12  created to read:

13         341.845  Use of high-speed rail system excess

14  revenues.--

15         (1)  All excess revenues generated through the

16  operation of the high-speed rail system shall be returned by

17  the DBOM or DBOM & F contractor to the authority.

18         (2)  Excess revenues generated by the initial segment

19  of the high-speed rail system will be distributed by the

20  authority on an annual basis as follows:

21         (a)  Fifty percent of excess revenues shall be retained

22  by the authority to be utilized for administrative costs or

23  debt service or to build infrastructure to extend the system

24  in accordance with ss. 341.823 and 341.827;

25         (b)  Fifty percent of excess revenues shall be

26  distributed to the Department of Transportation by the

27  authority for the exclusive purpose of financing and

28  constructing regional intermodal passenger modes to connect

29  the community to rail stations. The department shall allocate

30  a minimum of 10 percent of the available excess revenues

31  distributed under this paragraph to projects in each community

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    Florida Senate - 2003                           CS for SB 2140
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 1  containing a high speed rail station.  The formula for

 2  allocating the balance of available funds to projects in such

 3  communities shall be based on average daily station boardings

 4  in proportion to total average daily boardings. The Orlando

 5  area regional intermodal passenger modes must connect with the

 6  high-speed rail system at Orlando International Airport and at

 7  the Orlando area station and must have a regional intermodal

 8  passenger station on or near the Orange County Convention

 9  Center.

10         (c)  The funds provided in paragraph (b) for the

11  Orlando area regional intermodal passenger modes shall be used

12  to connect the Orlando International Airport to the Orange

13  County Convention Center and the Orange County Convention

14  Center to the Orlando area station.

15         Section 10.  Two full-time equivalent positions for an

16  executive director and an assistant to the executive director

17  are hereby created and authorized for the Florida High-Speed

18  Rail Authority.

19         Section 11.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 2140
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2140

 3                                 

 4  This CS gives the High-Speed Rail Authority the ability to
    request the state Division of Bond Finance to issue revenue
 5  bonds to build the high-speed rail system and to replace,
    build, or repair bridges and roads impacted by the train's
 6  construction, and appropriates $75 million in transportation
    funds in fiscal year 2004-2005 and for the next 30 fiscal
 7  years. The first source of the funds is the Transportation
    Outreach Program, but if that source is less than $75 million
 8  or is repealed, then the second source of funds is the public
    transportation program of the Florida Department of
 9  Transportation (FDOT)

10  The CS defines "excess revenues," and provides all such
    revenues generated by the high-speed rail system must be
11  returned by the contractor to the Authority. Of those funds,
    fifty percent will be retained by the Authority for
12  administrative costs or for debt service to extend the system,
    and fifty percent will be retained by FDOT to construct
13  regional intermodal transit connecting communities to the
    high-speed rail stations. The CS provides the Authority with
14  flexibility in determining the amount and manner of the
    performance and payment surety bond to be provided by the
15  high-speed rail system contractor. The CS prohibits the
    extension of sales-tax and other tax exemptions provided to
16  the Authority or its agent to any associated development, such
    as hotels, gift shops, or restaurants. Finally, the CS creates
17  two full-time staffing positions for the Authority.

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