Senate Bill sb2572

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    Florida Senate - 2003                                  SB 2572

    By Senator Constantine





    22-249A-03

  1                      A bill to be entitled

  2         An act relating to transportation; providing a

  3         short title; creating the Central Florida Air

  4         and Surface Transportation Authority; providing

  5         definitions; providing powers, duties, and

  6         objectives; providing that the authority shall

  7         serve as the metropolitan planning organization

  8         for Orlando, Seminole, and Osceola Counties;

  9         limiting obligation of the state; guaranteeing

10         certain rights of the authority; abolishing the

11         Central Florida Regional Transportation

12         Authority and Metroplan Orlando and

13         transferring rights, assets, privileges,

14         obligations, and liabilities to that authority;

15         repealing part II of ch. 343, F.S., relating to

16         the Central Florida Regional Transportation

17         Authority; providing an effective date.

18  

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

20  

21         Section 1.  Short title.--This act may be cited as the

22  "Central Florida Air and Surface Transportation Authority

23  Act."

24         Section 2.  Definitions.--As used in this act, the

25  term:

26         (1)  "Authority" means the Central Florida Air and

27  Surface Transportation Authority.

28         (2)  "Board" means the governing body of the authority.

29         (3)  "Member" means an individual serving on the board.

30         (4)  "Public Transportation" means transportation of

31  goods and passengers for hire, as a charter service, or

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    Florida Senate - 2003                                  SB 2572
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 1  without charge, by means of a street, railway, elevated

 2  railway or fixed guideway, commuter railroad, subway, motor

 3  vehicle, motor bus or truck, or other means of conveyance

 4  operating as a common carrier or otherwise.

 5         (5)  "Public transportation facilities" means property,

 6  equipment, or buildings that are acquired, built, installed,

 7  or established for public transportation systems.

 8         (6)  "Public transportation system" means a combination

 9  of real and personal property, structures, improvements,

10  buildings, terminals, parking facilities, equipment, plans,

11  and rights-of-way, public rail and fixed guideway

12  transportation facilities, rail or fixed guideway access to,

13  from, or between other transportation terminals, and commuter

14  railroads and rail facilities used, directly or indirectly,

15  for public transportation by automobile, truck, bus, rapid

16  transit vehicle, light rail, or heavy rail.

17         Section 3.  Central Florida Air and Surface

18  Transportation Authority.--

19         (1)  There is created a state agency to be known as the

20  Central Florida Air and Surface Transportation Authority.

21         (2)  The governing board of the authority shall consist

22  of no more than 14 voting members as follows:

23         (a)  Eight elected members from Orange County, one of

24  whom is the chair of the county commission or a county

25  commissioner appointed by the chair, four of whom are county

26  commissioners, and two of whom are elected officials from the

27  largest city in the county, as determined by the most recent

28  federal decennial census, and one of whom shall be an elected

29  official from the second largest city in the county, as

30  determined by the most recent federal decennial census.

31  

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    Florida Senate - 2003                                  SB 2572
    22-249A-03




 1         (b)  Four elected members from Seminole County, one of

 2  whom is the chair of the county commission or a county

 3  commissioner appointed by the chair, two of whom are county

 4  commissioners, and one of whom is an elected official from the

 5  largest city in the county, as determined by the most recent

 6  federal decennial census.

 7         (c)  Two elected members from Osceola County, one of

 8  whom is the chair of the county commission or a county

 9  commissioner appointed by the chair, and one of whom is an

10  elected official from the largest city in the county, as

11  determined by the most recent federal decennial census.

12         (d)  A representative of each popularly elected public

13  agency that administers or operates a major mode of

14  transportation in the authority service area.

15         (e)  The district Secretary of Transportation, or the

16  district secretary's appointee, who shall serve as the only

17  ex-officio member.

18         (f)  A vacancy during a term shall be filled by the

19  respective appointing authority for the balance of the

20  unexpired term in the same manner as the original appointment.

21         (g)  The board shall be reapportioned every 10 years

22  beginning in 2010, based upon the most recent federal

23  decennial census.

24         Section 4.  Powers and duties.--

25         (1)(a)  The authority may own, operate, maintain, and

26  manage a public transportation system in Seminole, Orange, and

27  Osceola Counties.

28         (b)  The authority may plan, develop, own, purchase,

29  lease, or otherwise acquire, demolish, construct, improve,

30  relocate, equip, repair, maintain, operate, and manage a

31  regional public transportation system and facilities;

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 1  establish and determine policies for the operation and

 2  promotion of a public transportation system; and adopt rules

 3  to govern the operation of the public transportation system

 4  and facilities.

 5         (2)  The authority may exercise all powers necessary,

 6  appurtenant, convenient, or incidental to carrying out its

 7  purposes, including the following rights and powers:

 8         (a)  To sue and be sued, implead and be impleaded, and

 9  complain and defend in all courts in its own name.

10         (b)  To adopt and use a corporate seal.

11         (c)  To have the power of eminent domain for

12  acquisition of the public transportation facilities.

13         (d)  To acquire, purchase, hold, lease, or use any

14  franchise or property, real, personal, or mixed, tangible or

15  intangible, or any interest therein, necessary or desirable to

16  implement its purposes.

17         (e)  To sell, convey, exchange, lease, or otherwise

18  dispose of any real or personal property acquired by the

19  authority including air rights.

20         (f)  To fix, alter, establish, and collect rates,

21  fares, fees, rentals, and other charges for the use of any

22  public transportation system or facilities owned or operated

23  by the authority.

24         (g)  To develop and provide feeder transit services to

25  rail stations.

26         (h)  To adopt bylaws for the regulation of its affairs

27  and business. The bylaws shall provide for quorum and voting

28  requirements, maintenance of minutes and other official

29  records, and preparation and adoption of an annual budget.

30         (i)  To lease, rent, or contract for the operation or

31  management of any act of a public transportation system or

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 1  facility, including concessions. In awarding a contract, the

 2  authority shall consider:

 3         1.  The qualifications of each applicant;

 4         2.  The level of service;

 5         3.  The efficiency, cost, and anticipated revenue;

 6         4.  The construction, operation, and management plan;

 7         5.  The financial ability to provide reliable service;

 8  and

 9         6.  The impact on other transportation modes, including

10  the ability to interface with other transportation modes and

11  facilities.

12         (j)  To enforce the collection of fares, fees, and

13  charges and to establish and enforce fines and penalties for

14  rule violations.

15         (k)  To advertise and promote public transportation

16  systems and facilities and activities of the authority.

17         (l)  To cooperate and contract with other governmental

18  entities, including the Department of Transportation, federal

19  agencies, counties, and municipalities.

20         (m)  To enter into joint development agreements.

21         (n)  To accept funds from other governmental sources

22  and accept private donations.

23         (o)  To purchase liability insurance which the

24  authority is contractually or legally obligated to provide,

25  the requirements of section 287.022(1), Florida Statutes,

26  outstanding.

27         (p)  To create advisory panels to coordinate rail, bus

28  and other modes of transportation systems considered

29  necessary.

30  

31  

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 1         (q)  The authority shall be governed by the provisions

 2  of chapter 120, Florida Statutes, in actions taken by the

 3  board.

 4         (3)  The authority shall develop and adopt a plan for

 5  the development of the Central Florida Rail System, which

 6  addresses the plan for the development of public and private

 7  revenue sources, funding of capital and operating costs,

 8  service to be provided, and the extent to which counties

 9  within the area of operation of the authority will be served.

10  The plan shall be reviewed and updated annually and must be

11  consistent, to the maximum extent feasible, with the approved

12  local government comprehensive plans of the local governments

13  served by the authority.

14         (4)  The authority may employ an executive director and

15  legal, financial, or other professional staff or consultants,

16  technical experts, engineers, and other employees and may

17  determine the qualifications and fix the compensation of such

18  persons. The authority may establish a personnel system.

19         (5)  The authority may delegate to its officers or

20  employees any powers it deems necessary to implement this act,

21  subject to the supervision and control by the authority.

22         (6)  With the approval of the Legislature, the board by

23  resolution, may expand its service area and board partnership

24  with any county that is contiguous to its service area. The

25  board may recommend to the Legislature the conditions and

26  terms, including the number of representatives of such

27  partnership. Upon approval of the county commissioners, the

28  board may recommend to the Legislature changes to the board

29  composition.

30  

31  

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    Florida Senate - 2003                                  SB 2572
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 1         (7)  The authority may plan and recommend bicycle

 2  facilities, pedestrian facilities, and trails in keeping with

 3  metropolitan planning organization related responsibilities.

 4         (8)  Notwithstanding section 339.175, Florida Statutes,

 5  the authority shall serve as the metropolitan planning

 6  organization for Orange, Seminole, and Osceola Counties.

 7         Section 5.  Metroplan Orlando abolished; transfer of

 8  assets and liabilities.--The metropolitan planning

 9  organization Metroplan Orlando is abolished, and all of its

10  rights, assets, agreements, appropriations, privileges,

11  liabilities, and obligations are transferred to and assumed by

12  the authority.

13         Section 6.  Part II of chapter 343, Florida Statutes,

14  consisting of ss. 343.61, 343.62, 343.63, 343.64, 343.65,

15  343.66, and 343.67, Florida Statutes, relating to the Central

16  Florida Regional Transportation Authority, is repealed.

17         Section 7.  This act shall take effect October 1, 2003.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Creates the Central Florida Air and Surface
      Transportation Authority to serve as the metropolitan
22    planning organization for Orlando, Seminole, and Osceola
      Counties. Abolishes the Central Florida Regional
23    Transportation Authority and Metroplan Orlando.

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