Senate Bill sb0686

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    Florida Senate - 2003                                   SB 686

    By Senator Geller





    31-214B-03

  1                      A bill to be entitled

  2         An act relating to public transit; amending s.

  3         343.51, F.S.; providing a short title; amending

  4         s. 343.52, F.S.; revising definitions; amending

  5         s. 343.53, F.S.; redesignating the Tri-County

  6         Commuter Rail Authority as the South Florida

  7         Regional Transportation Authority; providing

  8         for a governing board of the authority;

  9         amending s. 343.54, F.S.; revising powers and

10         duties of the authority with respect to

11         planning and operating a transit system within

12         a specified area of the state; authorizing the

13         authority to expand its service area into

14         counties contiguous to the service area of the

15         authority upon consent of the board of county

16         commissioners; amending ss. 343.55, 343.56,

17         343.57, F.S.; providing for the authority to

18         issue and pay revenue bonds; providing that the

19         bonds are not debts or pledges of credit of the

20         state; creating s. 343.58, F.S.; authorizing

21         the levy of an annual license user fee upon

22         registration or renewal of registration of a

23         vehicle registered within the area served by

24         the authority; providing that the license user

25         fee may not be imposed unless it is approved by

26         at least a majority plus one of the members of

27         the governing body of each of the counties

28         served by the authority; requiring the

29         Department of Highway Safety and Motor Vehicles

30         to remit proceeds of the license user fee to

31  

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    Florida Senate - 2003                                   SB 686
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 1         the South Florida Regional Transportation

 2         Authority; providing an effective date.

 3  

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

 5  

 6         Section 1.  Section 343.51, Florida Statutes, is

 7  amended to read:

 8         343.51  Short title.--This part may be cited as the

 9  "South Florida Regional Transportation Tri-County Commuter

10  Rail Authority Act."

11         Section 2.  Section 343.52, Florida Statutes, is

12  amended to read:

13         343.52  Definitions.--As used in this part, unless the

14  context clearly indicates otherwise, the term:

15         (1)  "Authority" means the South Florida Regional

16  Transportation Tri-County Commuter Rail Authority.

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

18         (3)  "Area served" means Miami-Dade, Broward, and Palm

19  Beach Counties. However, this area may be expanded by mutual

20  consent of the authority and the board of county commissioners

21  representing the proposed expansion area.

22         (4)(3)  "Transit system" "Commuter railroad" means a

23  system used for the transportation of people and goods by

24  means of, without limitation, a street railway, an elevated

25  railway having a fixed guideway, a commuter railroad, a

26  subway, motor vehicles, or motor buses, and includes a

27  complete system of tracks, guideways, stations, and rolling

28  stock necessary to effectuate medium-distance to long-distance

29  passenger rail service to or from the surrounding regional

30  municipalities.

31  

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    Florida Senate - 2003                                   SB 686
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 1         (5)(4)  "Transit Commuter rail facilities" means

 2  property, and avenues of access, equipment, or buildings built

 3  and installed in Miami-Dade Dade, Broward, and Palm Beach

 4  Counties, which are required to support a transit system for

 5  commuter rail or fixed guideway systems.

 6         (6)(5)  "Member" means the individuals constituting the

 7  board.

 8         (7)(6)  "Feeder transit services" means a transit

 9  system that transports fixed guideway or bus service to

10  transport passengers to or from rail stations within or across

11  counties.

12         Section 3.  Section 343.53, Florida Statutes, is

13  amended to read:

14         343.53  South Florida Regional Transportation

15  Tri-County Commuter Rail Authority.--

16         (1)  There is created and established a body politic

17  and corporate, an agency of the state, to be known as the

18  "South Florida Regional Transportation Tri-County Commuter

19  Rail Authority," hereinafter referred to as the "authority."

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

21  of nine voting members, as follows:

22         (a)  The county commissions of Miami-Dade Dade,

23  Broward, and Palm Beach Counties shall each elect a

24  commissioner as that commission's representative on the board.

25  The commissioner must be a member of the county commission

26  when elected and for the full extent of his or her term.

27         (b)  The county commissions of Miami-Dade Dade,

28  Broward, and Palm Beach Counties shall each appoint a citizen

29  member to the board who is not a member of the county

30  commission but who is a resident of the county from which he

31  or she is appointed and a qualified elector of that county.

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    Florida Senate - 2003                                   SB 686
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 1  Insofar as practicable, the citizen member shall represent the

 2  business and civic interests of the community.

 3         (c)  The secretary of the Department of Transportation

 4  shall appoint one of the district secretaries, or his or her

 5  designee, for the districts within which the area served by

 6  the South Florida Regional Transportation Authority tri-county

 7  rail is located.

 8         (d)  The other eight members of the board shall elect,

 9  by a simple majority vote, an at-large member who is a

10  resident and qualified elector in the area served by the

11  South Florida Regional Transportation Authority tri-county

12  rail.

13         (e)  The Governor shall appoint one member to the board

14  who is a resident and qualified elector in the area served by

15  the South Florida Regional Transportation Authority tri-county

16  rail.

17         (3)  The terms of the county commissioners on the

18  governing board of the authority shall be 2 years.  All other

19  members on the governing board of the authority shall be

20  appointed to serve staggered 4-year terms.  Each member shall

21  hold office until his or her successor has been appointed.

22         (4)  A vacancy during a term shall be filled by the

23  respective appointing authority in the same manner as the

24  original appointment and only for the balance of the unexpired

25  term.

26         (5)  The members of the authority shall serve without

27  not be entitled to compensation, but are entitled to

28  reimbursement shall be reimbursed for travel expenses actually

29  incurred in their duties as provided by law.

30         Section 4.  Section 343.54, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2003                                   SB 686
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 1         343.54  Powers and duties.--

 2         (1)(a)  The authority created and established by this

 3  part shall have the right to own, operate, maintain, and

 4  manage a transit commuter rail system in the tri-county area

 5  of Broward, Miami-Dade Dade, and Palm Beach Counties,

 6  hereinafter referred to as the South Florida Regional

 7  Transportation Authority Tri-County Rail.

 8         (b)  It is the express intention of this part that the

 9  authority be authorized to plan, develop, own, purchase,

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

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

12  transit commuter rail system and transit commuter rail

13  facilities; to establish and determine the such policies as

14  may be necessary for the best interest of the operation and

15  promotion of a transit commuter rail system; and to adopt such

16  rules as may be necessary to govern the operation of a transit

17  commuter rail system and transit commuter rail facilities.

18         (2)  The authority created in this part herein shall be

19  the successor and assignee of the Tri-County Commuter Rail

20  Authority Organization (TCRO) and shall inherit all rights,

21  assets, agreements, appropriations, privileges, and

22  obligations of the Tri-County Commuter Rail Authority TCRO.

23         (3)  The authority may exercise all powers necessary,

24  appurtenant, convenient, or incidental to the carrying out of

25  the aforesaid purposes, including, but not limited to, the

26  following rights and powers:

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

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

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

30         (c)  To have the power of eminent domain, including the

31  procedural powers granted under chapters 73 and 74.

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 1         (d)  To acquire, purchase, hold, lease as a lessee, and

 2  use any franchise or property, real, personal, or mixed,

 3  tangible or intangible, or any interest therein, necessary or

 4  desirable for carrying out the purposes of the authority.

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

 6  dispose of any real or personal property acquired by the

 7  authority, including air rights.

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

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

10  transit commuter rail system or transit facilities owned or

11  operated by the authority.

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

13  or from rail stations within or across counties.

14         (h)  To adopt bylaws for the regulation of the affairs

15  and the conduct of the business of the authority.  The bylaws

16  shall provide for quorum and voting requirements, maintenance

17  of minutes and other official records, and preparation and

18  adoption of an annual budget.

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

20  management of any part of a transit commuter rail system or

21  transit commuter rail facility, including feeder transit

22  services and concessions.  In awarding a contract, the

23  authority shall consider, but is not limited to, the

24  following:

25         1.  The qualifications of each applicant.

26         2.  The level of service.

27         3.  The efficiency, cost, and anticipated revenue.

28         4.  The construction, operation, and management plan.

29         5.  The financial ability to provide reliable service.

30  

31  

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    Florida Senate - 2003                                   SB 686
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 1         6.  The impact on other transportation modes, including

 2  the ability to interface with other transportation modes and

 3  facilities.

 4         (j)  To enforce collection of rates, fees, and charges,

 5  and to establish and enforce fines and penalties for

 6  violations of any rules.

 7         (k)  To advertise and promote transit commuter rail

 8  systems, transit facilities, and activities of the authority.

 9         (l)  To employ an executive director, attorney, staff,

10  and consultants.

11         (m)  To cooperate with other governmental entities and

12  to contract with other governmental agencies, including the

13  Department of Transportation, the Federal Government, regional

14  planning councils, counties, and municipalities.

15         (n)  To enter into joint development agreements.

16         (o)  To accept funds from other governmental sources,

17  and to accept private donations.

18         (p)  To purchase by directly contracting with local,

19  national, or international insurance companies to provide

20  liability insurance which the authority is contractually and

21  legally obligated to provide, the requirements of s.

22  287.022(1), notwithstanding.

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

24  the operation, maintenance, and expansion of the transit

25  system tri-county commuter rail service.  Such plan shall

26  address the authority's plan for the development of public and

27  private revenue sources, and the service to be provided,

28  including expansions of current service which are consistent,

29  to the maximum extent feasible, with approved local government

30  comprehensive plans.  The plan shall be reviewed and updated

31  annually.

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    Florida Senate - 2003                                   SB 686
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 1         (5)  The authority, by a resolution of its governing

 2  board, may expand its service area and enter into a

 3  partnership with any county that is contiguous to the service

 4  area of the authority. The board shall determine the

 5  conditions and terms of the partnership, including the number

 6  of representatives of the partnership. However, the authority

 7  may not expand its service area without the consent of the

 8  board of county commissioners representing the proposed

 9  expansion area.

10         Section 5.  Section 343.55, Florida Statutes, is

11  amended to read:

12         343.55  Issuance of revenue bonds.--

13         (1)  The authority is authorized to borrow money as

14  provided by the State Bond Act for the purpose of paying all

15  or any part of the cost of any one or more Tri-County Rail

16  projects of the South Florida Regional Transportation

17  Authority. The principal of, and the interest on, such bonds

18  shall be payable solely from revenues pledged for their

19  payment.

20         (2)  The proceeds of the bonds of each issue shall be

21  used solely for the payment of the cost of the Tri-County Rail

22  projects for which such bonds shall have been issued, except

23  as provided in the State Bond Act.  Such proceeds shall be

24  disbursed and used as provided in this part and in such manner

25  and under such restrictions, if any, as the Division of Bond

26  Finance may provide in the resolution authorizing the issuance

27  of such bonds or in the trust agreement securing the same.

28         (3)  The Division of Bond Finance is authorized to

29  issue revenue bonds on behalf of the authority to finance or

30  refinance the cost of Tri-County Rail projects.

31  

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    Florida Senate - 2003                                   SB 686
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 1         Section 6.  Section 343.56, Florida Statutes, is

 2  amended to read:

 3         343.56  Bonds not debts or pledges of credit of

 4  state.--Revenue bonds issued under the provisions of this part

 5  are not debts of the state or pledges of the faith and credit

 6  of the state.  Such bonds are payable exclusively from

 7  revenues pledged for their payment.  All such bonds shall

 8  contain a statement on their face that the state is not

 9  obligated to pay the same or the interest thereon, except from

10  the revenues pledged for their payment, and that the faith and

11  credit of the state is not pledged to the payment of the

12  principal or interest of such bonds. The issuance of revenue

13  bonds under the provisions of this part does not directly,

14  indirectly, or contingently obligate the state to levy or to

15  pledge any form of taxation whatsoever, or to make any

16  appropriation for their payment.  No state funds shall be used

17  to pay the principal or interest of any bonds issued to

18  finance or refinance any portion of the South Florida Regional

19  Transportation Authority transit Tri-County Rail system, and

20  all such bonds shall contain a statement on their face to this

21  effect. However, federal funds being passed through the

22  department to the South Florida Regional Transportation

23  Authority Tri-County Rail system and those state matching

24  funds required by the United States Department of

25  Transportation as a condition of federal funding may be used

26  to pay principal and interest of any bonds issued.

27         Section 7.  Section 343.57, Florida Statutes, is

28  amended to read:

29         343.57  Pledge to bondholders not to restrict certain

30  rights of authority.--The state pledges to and agrees with the

31  holders of the bonds issued pursuant to this part that the

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    Florida Senate - 2003                                   SB 686
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 1  state will not limit or restrict the rights vested in the

 2  authority to construct, reconstruct, maintain, and operate any

 3  Tri-County Rail project as defined in this part, to establish

 4  and collect such fees or other charges as may be convenient or

 5  necessary to produce sufficient revenues to meet the expenses

 6  of maintenance and operation of the Tri-County Rail system,

 7  and to fulfill the terms of any agreements made with the

 8  holders of bonds authorized by this part.  The state further

 9  pledges that it will not in any way impair the rights or

10  remedies of the holders of such bonds until the bonds,

11  together with interest thereon, are fully paid and discharged.

12         Section 8.  Section 343.58, Florida Statutes, is

13  created to read:

14         343.58  License user fee.--The Legislature authorizes

15  the levy of an annual license user fee in the amount of $2 for

16  the registration or renewal of registration of each vehicle

17  taxed under s. 320.08 and registered in the area served by the

18  South Florida Regional Transportation Authority. The annual

19  license user fee shall take effect in the area served by the

20  authority upon approval by a vote of at least a majority plus

21  one of the members of the governing body of each of the

22  counties served by the authority. Following approval by the

23  governing body of each of the counties served by the

24  authority, the fee shall be levied and the Department of

25  Highway Safety and Motor Vehicles shall remit the proceeds

26  each month from the license user fee to the South Florida

27  Regional Transportation Authority. If the governing body of

28  one or more of the counties fails to approve the levy of the

29  annual license user fee, the fee may not be imposed within any

30  county served by the South Florida Regional Transportation

31  Authority.

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    Florida Senate - 2003                                   SB 686
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 1         Section 9.  This act shall take effect July 1, 2003.

 2  

 3            *****************************************

 4                          SENATE SUMMARY

 5    Renames the Tri-County Commuter Rail Authority as the
      South Florida Regional Transportation Authority. Provides
 6    for the authority to plan and operate a transit system
      within Miami-Dade, Broward, and Palm Beach Counties.
 7    Authorizes the authority to expand its service area into
      adjoining counties with the consent of the board of
 8    county commissioners. Authorizes an annual license user
      fee for vehicles registered within the area served by the
 9    authority if the fee is approved by at least a majority
      plus one of the members of the governing body of each of
10    the counties served by the authority. (See bill for
      details.)
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