Senate Bill sb0686er

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  1                                 

  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.

 7  

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

 9  

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.

31  


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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.

31  


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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

31  


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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

31  


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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.

20  

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.

31  


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