Senate Bill sb0686e1
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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 Rail Authority as the South Florida Regional
7 Transportation Authority; revising provisions
8 relating to appointment of the governing board
9 of the authority; amending s. 343.54, F.S.;
10 revising powers and duties of the authority;
11 authorizing the authority to expand its service
12 area into counties contiguous to the service
13 area of the authority upon consent of the board
14 of county commissioners; requiring that the
15 authority obtain consent prior to operating an
16 existing system owned by another entity;
17 providing conditions for acquisition of an
18 existing entity by the authority; authorizing
19 the authority to expand its service area into
20 counties contiguous to the service area of the
21 authority under certain circumstances;
22 providing funding requirements; amending ss.
23 343.55, 343.56, 343.57, F.S.; providing for the
24 authority to issue and pay revenue bonds;
25 providing that the bonds are not debts or
26 pledges of credit of the state; amending ss.
27 112.3148 and 768.28, F.S.; conforming
28 provisions to changes made by the act; creating
29 s. 343.58, F.S.; providing for county funding
30 for the authority; requiring counties served by
31 the authority to dedicate a specified amount of
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1 funding; authorizing a tax on motor vehicle
2 registration; requiring approval by referendum
3 for such tax; providing for distribution to the
4 authority of moneys received for the tax;
5 providing a statement of important state
6 interest; providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 343.51, Florida Statutes, is
11 amended to read:
12 343.51 Short title.--This part may be cited as the
13 "South Florida Regional Transportation Tri-County Commuter
14 Rail Authority Act."
15 Section 2. Section 343.52, Florida Statutes, is
16 amended to read:
17 343.52 Definitions.--As used in this part, unless the
18 context clearly indicates otherwise, the term:
19 (1) "Authority" means the South Florida Regional
20 Transportation Tri-County Commuter Rail Authority.
21 (2) "Board" means the governing body of the authority.
22 (3) "Area served" means Miami-Dade, Broward, and Palm
23 Beach Counties. However, this area may be expanded by mutual
24 consent of the authority and the board of county commissioners
25 representing the proposed expansion area.
26 (4)(3) "Transit system" "Commuter railroad" means a
27 system used for the transportation of people and goods by
28 means of, without limitation, a street railway, an elevated
29 railway having a fixed guideway, a commuter railroad, a
30 subway, motor vehicles, or motor buses, and includes a
31 complete system of tracks, guideways, stations, and rolling
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1 stock necessary to effectuate medium-distance to long-distance
2 passenger rail service to or from the surrounding regional
3 municipalities.
4 (5)(4) "Transit Commuter rail facilities" means
5 property, and avenues of access, equipment, or buildings built
6 and installed in Miami-Dade Dade, Broward, and Palm Beach
7 Counties, which are required to support a transit system for
8 commuter rail or fixed guideway systems.
9 (6)(5) "Member" means the individuals constituting the
10 board.
11 (7)(6) "Feeder transit services" means a transit
12 system that transports fixed guideway or bus service to
13 transport passengers to or from rail stations within or across
14 counties.
15 Section 3. Section 343.53, Florida Statutes, is
16 amended to read:
17 343.53 South Florida Regional Transportation
18 Tri-County Commuter Rail Authority.--
19 (1) There is created and established a body politic
20 and corporate, an agency of the state, to be known as the
21 "South Florida Regional Transportation Tri-County Commuter
22 Rail Authority," hereinafter referred to as the "authority."
23 (2) The governing board of the authority shall consist
24 of nine voting members, as follows:
25 (a) The county commissions of Miami-Dade Dade,
26 Broward, and Palm Beach Counties shall each elect a
27 commissioner as that commission's representative on the board.
28 The commissioner must be a member of the county commission
29 when elected and for the full extent of his or her term.
30 (b) The county commissions of Miami-Dade Dade,
31 Broward, and Palm Beach Counties shall each appoint a citizen
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1 member to the board who is not a member of the county
2 commission but who is a resident of the county from which he
3 or she is appointed and a qualified elector of that county.
4 Insofar as practicable, the citizen member shall represent the
5 business and civic interests of the community.
6 (c) The secretary of the Department of Transportation
7 shall appoint one of the district secretaries, or his or her
8 designee, for the districts within which the area served by
9 the South Florida Regional Transportation Authority tri-county
10 rail is located.
11 (d) If the authority's service area is expanded
12 pursuant to s. 343.54(5), the county containing the new
13 service area shall have three members appointed to the board
14 as follows:
15 1. The county commission of the county shall elect a
16 commissioner as that commission's representative on the board.
17 The commissioner must be a member of the county commission
18 when elected and for the full extent of his or her term.
19 2. The county commission of the county shall appoint a
20 citizen member to the board who is not a member of the county
21 commission but who is a resident and a qualified elector of
22 that county. Insofar as is practicable, the citizen member
23 shall represent the business and civic interests of the
24 community.
25 3. The Governor shall appoint a citizen member to the
26 board who is not a member of the county commission but who is
27 a resident and a qualified elector of that county. The other
28 eight members of the board shall elect, by a simple majority
29 vote, an at-large member who is a resident and qualified
30 elector in the area served by the tri-county rail.
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1 (e) The Governor shall appoint two members one member
2 to the board who are residents and qualified electors is a
3 resident and qualified elector in the area served by the
4 authority but who are not residents of the same county and
5 also not residents of the county in which the district
6 secretary who was appointed pursuant to paragraph (c) is a
7 resident tri-county rail.
8 (3)(a) Members of the governing board of the authority
9 shall be appointed to serve 4-year staggered terms, except
10 that the terms of the appointees of the Governor shall be
11 concurrent.
12 (b) The terms of the board members currently serving
13 on the authority that is being succeeded by this act shall
14 expire July 30, 2003, at which time the terms of the members
15 appointed pursuant to subsection (2) shall commence. The
16 Governor shall make his or her appointments to the board
17 within 30 days after July 30, 2003. The terms of the county
18 commissioners on the governing board of the authority shall be
19 2 years. All other members on the governing board of the
20 authority shall serve staggered 4-year terms. Each member
21 shall hold office until his or her successor has been
22 appointed.
23 (4) A vacancy during a term shall be filled by the
24 respective appointing authority in the same manner as the
25 original appointment and only for the balance of the unexpired
26 term.
27 (5) The members of the authority shall serve without
28 not be entitled to compensation, but are entitled to
29 reimbursement shall be reimbursed for travel expenses actually
30 incurred in their duties as provided by law.
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1 Section 4. Section 343.54, Florida Statutes, is
2 amended to read:
3 343.54 Powers and duties.--
4 (1)(a) The authority created and established by this
5 part shall have the right to own, operate, maintain, and
6 manage a transit commuter rail system in the tri-county area
7 of Broward, Miami-Dade Dade, and Palm Beach Counties,
8 hereinafter referred to as the South Florida Regional
9 Transportation Authority Tri-County Rail.
10 (b) It is the express intention of this part that the
11 authority be authorized to plan, develop, own, purchase,
12 lease, or otherwise acquire, demolish, construct, improve,
13 relocate, equip, repair, maintain, operate, and manage a
14 transit commuter rail system and transit commuter rail
15 facilities; to establish and determine the such policies as
16 may be necessary for the best interest of the operation and
17 promotion of a transit commuter rail system; and to adopt such
18 rules as may be necessary to govern the operation of a transit
19 commuter rail system and transit commuter rail facilities. It
20 is the intent of the Legislature that the South Florida
21 Regional Transportation Authority shall have overall authority
22 to coordinate, develop, and operate a regional transportation
23 system within the area served.
24 (c) Notwithstanding subsection (3), the South Florida
25 Regional Transportation Authority may not exercise the powers
26 in paragraph (b) with respect to an existing system for
27 transporting people and goods by any means which is owned by
28 another entity without the consent of that entity.
29 Furthermore, if the authority acquires, purchases, operates,
30 condemns, or inherits an existing entity, the authority shall
31 also inherit and assume all rights, assets, labor agreements,
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1 appropriations, privileges, and obligations of the existing
2 entity. This paragraph does not preclude the South Florida
3 Regional Transportation Authority from having the primary
4 responsibility to develop and coordinate the transportation
5 systems within the service area of the South Florida Regional
6 Transportation Authority.
7 (2) The authority created in this part herein shall be
8 the successor and assignee of the Tri-County Commuter Rail
9 Authority Organization (TCRO) and shall inherit all rights,
10 assets, labor agreements, appropriations, privileges, and
11 obligations of the Tri-County Commuter Rail Authority TCRO.
12 (3) The authority may exercise all powers necessary,
13 appurtenant, convenient, or incidental to the carrying out of
14 the aforesaid purposes, including, but not limited to, the
15 following rights and powers:
16 (a) To sue and be sued, implead and be impleaded,
17 complain and defend in all courts in its own name.
18 (b) To adopt and use a corporate seal.
19 (c) To have the power of eminent domain, including the
20 procedural powers granted under chapters 73 and 74.
21 (d) To acquire, purchase, hold, lease as a lessee, and
22 use any franchise or property, real, personal, or mixed,
23 tangible or intangible, or any interest therein, necessary or
24 desirable for carrying out the purposes of the authority.
25 (e) To sell, convey, exchange, lease, or otherwise
26 dispose of any real or personal property acquired by the
27 authority, including air rights.
28 (f) To fix, alter, establish, and collect rates,
29 fares, fees, rentals, and other charges for the use of any
30 transit commuter rail system or transit facilities owned or
31 operated by the authority.
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1 (g) To develop and provide feeder transit services to
2 or from rail stations within or across counties.
3 (h) To adopt bylaws for the regulation of the affairs
4 and the conduct of the business of the authority. The bylaws
5 shall provide for quorum and voting requirements, maintenance
6 of minutes and other official records, and preparation and
7 adoption of an annual budget.
8 (i) To lease, rent, or contract for the operation or
9 management of any part of a transit commuter rail system or
10 transit commuter rail facility, including feeder transit
11 services and concessions. In awarding a contract, the
12 authority shall consider, but is not limited to, the
13 following:
14 1. The qualifications of each applicant.
15 2. The level of service.
16 3. The efficiency, cost, and anticipated revenue.
17 4. The construction, operation, and management plan.
18 5. The financial ability to provide reliable service.
19 6. The impact on other transportation modes, including
20 the ability to interface with other transportation modes and
21 facilities.
22 (j) To enforce collection of rates, fees, and charges,
23 and to establish and enforce fines and penalties for
24 violations of any rules.
25 (k) To advertise and promote transit commuter rail
26 systems, transit facilities, and activities of the authority.
27 (l) To employ an executive director, attorney, staff,
28 and consultants.
29 (m) To cooperate with other governmental entities and
30 to contract with other governmental agencies, including the
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1 Department of Transportation, the Federal Government, regional
2 planning councils, counties, and municipalities.
3 (n) To enter into joint development agreements.
4 (o) To accept funds from other governmental sources,
5 and to accept private donations.
6 (p) To purchase by directly contracting with local,
7 national, or international insurance companies to provide
8 liability insurance which the authority is contractually and
9 legally obligated to provide, the requirements of s.
10 287.022(1), notwithstanding.
11 (4) The authority shall develop and adopt a plan for
12 the operation, maintenance, and expansion of the transit
13 system tri-county commuter rail service. Such plan shall
14 address the authority's plan for the development of public and
15 private revenue sources, and the service to be provided,
16 including expansions of current service which are consistent,
17 to the maximum extent feasible, with approved local government
18 comprehensive plans. The plan shall be reviewed and updated
19 annually.
20 (5) The authority, by a resolution of its governing
21 board, may expand its service area and enter into a
22 partnership with any county that is contiguous to the service
23 area of the authority. The board shall determine the
24 conditions and terms of the partnership, except as provided
25 herein. However, the authority may not expand its service area
26 without the consent of the board of county commissioners
27 representing the proposed expansion area, and a county may not
28 be added to the service area except in the year that federal
29 reauthorization legislation for transportation funds is
30 enacted.
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1 Section 5. Section 343.55, Florida Statutes, is
2 amended to read:
3 343.55 Issuance of revenue bonds.--
4 (1) The authority is authorized to borrow money as
5 provided by the State Bond Act for the purpose of paying all
6 or any part of the cost of any one or more Tri-County Rail
7 projects of the South Florida Regional Transportation
8 Authority. The principal of, and the interest on, such bonds
9 shall be payable solely from revenues pledged for their
10 payment.
11 (2) The proceeds of the bonds of each issue shall be
12 used solely for the payment of the cost of the Tri-County Rail
13 projects for which such bonds shall have been issued, except
14 as provided in the State Bond Act. Such proceeds shall be
15 disbursed and used as provided in this part and in such manner
16 and under such restrictions, if any, as the Division of Bond
17 Finance may provide in the resolution authorizing the issuance
18 of such bonds or in the trust agreement securing the same.
19 (3) The Division of Bond Finance is authorized to
20 issue revenue bonds on behalf of the authority to finance or
21 refinance the cost of Tri-County Rail projects.
22 Section 6. Section 343.56, Florida Statutes, is
23 amended to read:
24 343.56 Bonds not debts or pledges of credit of
25 state.--Revenue bonds issued under the provisions of this part
26 are not debts of the state or pledges of the faith and credit
27 of the state. Such bonds are payable exclusively from
28 revenues pledged for their payment. All such bonds shall
29 contain a statement on their face that the state is not
30 obligated to pay the same or the interest thereon, except from
31 the revenues pledged for their payment, and that the faith and
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1 credit of the state is not pledged to the payment of the
2 principal or interest of such bonds. The issuance of revenue
3 bonds under the provisions of this part does not directly,
4 indirectly, or contingently obligate the state to levy or to
5 pledge any form of taxation whatsoever, or to make any
6 appropriation for their payment. No state funds shall be used
7 to pay the principal or interest of any bonds issued to
8 finance or refinance any portion of the South Florida Regional
9 Transportation Authority transit Tri-County Rail system, and
10 all such bonds shall contain a statement on their face to this
11 effect. However, federal funds being passed through the
12 department to the South Florida Regional Transportation
13 Authority Tri-County Rail system and those state matching
14 funds required by the United States Department of
15 Transportation as a condition of federal funding may be used
16 to pay principal and interest of any bonds issued.
17 Section 7. Section 343.57, Florida Statutes, is
18 amended to read:
19 343.57 Pledge to bondholders not to restrict certain
20 rights of authority.--The state pledges to and agrees with the
21 holders of the bonds issued pursuant to this part that the
22 state will not limit or restrict the rights vested in the
23 authority to construct, reconstruct, maintain, and operate any
24 Tri-County Rail project as defined in this part, to establish
25 and collect such fees or other charges as may be convenient or
26 necessary to produce sufficient revenues to meet the expenses
27 of maintenance and operation of the Tri-County Rail system,
28 and to fulfill the terms of any agreements made with the
29 holders of bonds authorized by this part. The state further
30 pledges that it will not in any way impair the rights or
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1 remedies of the holders of such bonds until the bonds,
2 together with interest thereon, are fully paid and discharged.
3 Section 8. Paragraphs (a) and (b) of subsection (6) of
4 section 112.3148, Florida Statutes, are amended to read:
5 112.3148 Reporting and prohibited receipt of gifts by
6 individuals filing full or limited public disclosure of
7 financial interests and by procurement employees.--
8 (6)(a) Notwithstanding the provisions of subsection
9 (5), an entity of the legislative or judicial branch, a
10 department or commission of the executive branch, a water
11 management district created pursuant to s. 373.069, South
12 Florida Regional Transportation Tri-County Commuter Rail
13 Authority, the Technological Research and Development
14 Authority, a county, a municipality, an airport authority, or
15 a school board may give, either directly or indirectly, a gift
16 having a value in excess of $100 to any reporting individual
17 or procurement employee if a public purpose can be shown for
18 the gift; and a direct-support organization specifically
19 authorized by law to support a governmental entity may give
20 such a gift to a reporting individual or procurement employee
21 who is an officer or employee of such governmental entity.
22 (b) Notwithstanding the provisions of subsection (4),
23 a reporting individual or procurement employee may accept a
24 gift having a value in excess of $100 from an entity of the
25 legislative or judicial branch, a department or commission of
26 the executive branch, a water management district created
27 pursuant to s. 373.069, South Florida Regional Transportation
28 Tri-County Commuter Rail Authority, the Technological Research
29 and Development Authority, a county, a municipality, an
30 airport authority, or a school board if a public purpose can
31 be shown for the gift; and a reporting individual or
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1 procurement employee who is an officer or employee of a
2 governmental entity supported by a direct-support organization
3 specifically authorized by law to support such governmental
4 entity may accept such a gift from such direct-support
5 organization.
6 Section 9. Paragraph (d) of subsection (10) of section
7 768.28, Florida Statutes, is amended to read:
8 768.28 Waiver of sovereign immunity in tort actions;
9 recovery limits; limitation on attorney fees; statute of
10 limitations; exclusions; indemnification; risk management
11 programs.--
12 (10)
13 (d) For the purposes of this section, operators,
14 dispatchers, and providers of security for rail services and
15 rail facility maintenance providers in the South Florida Rail
16 Corridor, or any of their employees or agents, performing such
17 services under contract with and on behalf of the South
18 Florida Regional Transportation Tri-County Commuter Rail
19 Authority or the Department of Transportation shall be
20 considered agents of the state while acting within the scope
21 of and pursuant to guidelines established in said contract or
22 by rule.
23 Section 10. Section 343.58, Florida Statutes, is
24 created to read:
25 343.58 County funding for the South Florida Regional
26 Transportation Authority.--
27 (1) Each county served by the South Florida Regional
28 Transportation Authority must dedicate $2.67 million to the
29 authority annually. The recurring annual $2.67 million must be
30 dedicated by the governing body of each county by August 1,
31 2003. Notwithstanding ss. 206.41 and 206.87, such dedicated
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1 funding may come from each county's share of the ninth-cent
2 fuel tax, the local option fuel tax, or any other source of
3 local gas taxes or other nonfederal funds available to the
4 counties. In addition, the Legislature authorizes the levy of
5 an annual license tax in the amount of $2 for the registration
6 or renewal of registration of each vehicle taxed under s.
7 320.08 and registered in the area served by the South Florida
8 Regional Transportation Authority. The annual license tax
9 shall take effect in any county served by the authority upon
10 approval by the residents in a county served by the authority.
11 The annual license tax shall be levied and the Department of
12 Highway Safety and Motor Vehicles shall remit the proceeds
13 each month from the tax to the South Florida Regional
14 Transportation Authority.
15 (2) In addition, each county shall continue to
16 annually fund the operations of the South Florida Regional
17 Transportation Authority in an amount not less than $1.565
18 million. Such funds pursuant to this subsection shall also be
19 considered a dedicated funding source.
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21 If, by December 31, 2009, the South Florida Regional
22 Transportation Authority has not received federal matching
23 funds based upon the dedication of funds under subsection (1),
24 subsection (1) shall be repealed.
25 Section 11. The Legislature finds that a proper and
26 legitimate state purpose is served in the effective and
27 efficient planning and operation of a regional transportation
28 system. Therefore, the Legislature determines and declares
29 that this act fulfills an important state interest.
30 Section 12. This act shall take effect July 1, 2003.
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