HB 0855 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to the Florida High-Speed Rail Authority;
13	amending s. 341.8203, F.S.; amending the definition of
14	“rail station,” “station,” and “high-speed rail station”;
15	providing that the general public shall have full and
16	unrestricted access to high-speed rail stations; providing
17	requirements with respect to high-speed rail stations;
18	prohibiting the impostion of direct charges or fees as a
19	condition of access to any high-speed rail station;
20	amending s. 341.822, F.S.; directing the authority to
21	contract with a bond finance consultant to conduct
22	specified reviews and a feasibility study; requiring a
23	report; amending s. 341.827, F.S.; requiring the authority
24	to select one preferred alignment for each service area;
25	prohibiting the authority from entering into any contract
26	for construction or financing of the system prior to
27	legislative approval of the system's alignment;
28	restricting the authority from seeking final permits for
29	or federal approval of the system alignment until the
30	alignment review process is completed; specifying the site
31	of the primary intermodal center for the system in the
32	Orlando-Orange County Area; specifying criteria to be used
33	in selecting the preferred alignment for each segment of
34	the system; creating s. 341.8275, F.S.; requiring the
35	Legislature to review and approve preferred alignments
36	selected by the authority; directing the authority to
37	select a preferred alignment for the Orlando-to-Tampa
38	segment of the high-speed rail system by a specified date;
39	requiring the authority to submit preferred alignment
40	selections to specified agencies and entities for review;
41	providing review criteria; requiring reports to the
42	Legislature by a specified date; providing for legislative
43	review of preferred alignments; providing procedure with
44	respect to approval and disapproval of proposed
45	alignments; amending s. 341.840, F.S.; providing that the
46	tax exemption granted the authority shall not apply to any
47	associated development or to income, sales, or other
48	taxable transactions related to any associated
49	development; creating s. 341.843, F.S.; requiring
50	specified contractors to provide surety bonds; providing
51	requirements with respect to such bonds; creating s.
52	341.844, F.S.; authorizing the Division of Bond Finance
53	to issue revenue bonds for and on behalf of the authority
54	for the purpose of financing or refinancing the
55	construction, reconstruction, and improvement of the high-
56	speed rail system; amending s. 341.830, F.S.; providing
57	that procurement by the authority of any person or entity
58	to provide professional services shall be in accordance
59	with the Consultants' Competitive Negotiation Act;
60	providing an appropriation; creating s. 341.825, F.S.;
61	requiring the Department of Transportation to include a
62	request for specified expenditures to be provided to the
63	Florida High-Speed Rail Authority in its annual
64	legislative budget requests for a specified period;
65	providing requirements with respect to such budget
66	requests and sources of appropriations; creating s.
67	341.826, F.S.; providing for the assignment, pledging, or
68	setting aside of such funds as a trust for the payment of
69	principal or interest on bonds issued by the authority;
70	providing for two full-time equivalent positions;
71	providing an effective date.
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73	Be It Enacted by the Legislature of the State of Florida:
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75	Section 1. Subsection (10) of section 341.8203, Florida
76	Statutes, is amended to read:
77	341.8203 Definitions.--As used in this act, unless the
78	context clearly indicates otherwise, the term:
79	(10) "Rail station," "station," or "high-speed rail
80	station" means any structure or transportation facility that is
81	part of a high-speed rail system designed to accommodate the
82	movement of passengers from one mode of transportation to
83	another at which passengers board or disembark from
84	transportation conveyances and transfer from one mode of
85	transportation to another. The general public shall have full
86	and unrestricted access to all high-speed rail stations for the
87	purpose of using the high-speed rail. Each high-speed rail
88	station shall include reasonable provision of all roads
89	necessary for efficient access over public rights-of-way to the
90	station site and shall provide all necessary parking facilities
91	for cars, trucks, buses, taxis, and other vehicles. It shall
92	also include public dedication of corridors for future
93	connections of other modes of public transportation, including,
94	but not limited to, at-grade, elevated light rail, or magnetic
95	levitation vehicles, or other types of transportation than can
96	reasonably be connected to the high-speed rail station. No
97	person shall impose any direct charge or fee as a condition of
98	access to any high-speed rail station other than reasonable user
99	fees for parking and for transportation to and from the station,
100	which user fees shall not unreasonably inhibit such access.
101	Public access shall include, but not be limited to, access to
102	high-speed rail stations by members of the public by any means
103	of ground transportation.
104	Section 2. Subsection (6) is added to section 341.822,
105	Florida Statutes, to read:
106	341.822 Powers and duties.--
107	(6) The authority shall contract with a qualified bond
108	finance consultant to review the Project Development and
109	Environmental Study and the Investment Grade Ridership Study
110	performed for the Orlando-to-Tampa segment of the high-speed
111	rail system and provide a practical assessment of the project’s
112	feasibility to generate fare box revenue sufficient to cover all
113	operating and maintenance costs. The consultant shall submit a
114	report to the authority, the Governor, the President of the
115	Senate, and the Speaker of the House of Representatives by
116	November 1, 2003.
117	Section 3. Section 341.827, Florida Statutes, is amended
118	to read:
119	341.827 Service areas; segment designation; preferred
120	alignment.--
121	(1) The authority shall determine in which order the
122	service areas, as designated by the Legislature, will be served
123	by the high-speed rail system and shall select one preferred
124	alignment for each service area.
125	(2) Notwithstanding any other provision of law to the
126	contrary, the authority shall not enter into any contract
127	authorizing construction or financing of any segment of the
128	high-speed rail system without specific legislative approval of
129	the system’s alignment. In addition, the authority may not seek
130	final permits for, or federal approval of, the system alignment
131	until the alignment review process as provided in s. 341.8275 is
132	completed.
133	(3)The authority shall plan and develop the high-speed
134	rail system so that construction proceeds as follows:
135	(a)1.The initial segments of the system shall be
136	developed and operated between the St. Petersburg area, the
137	Tampa area, the Lakeland/Winter Haven area, and the Orlando
138	area, with future service to the Miami area.
139	2. The Orlando International Airport rail station shall be
140	the site of the primary intermodal center for the high-speed
141	rail system in the Orlando-Orange County area.
142	(b) Construction of subsequent segments of the high-speed
143	rail system shall connect the metropolitan areas of Port
144	Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.
145	Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.
146	Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,
147	Tallahassee, and Pensacola.
148	(c) Selection of segments of the high-speed rail system to
149	be constructed subsequent to the initial segments of the system
150	shall be prioritized by the authority, giving consideration to
151	the demand for service, financial participation by local
152	governments, financial participation by the private sector, and
153	the available financial resources of the authority. The factors
154	set forth in this paragraph shall be used by the authority in
155	selecting the preferred alignment for each segment.
156	Section 4. Section 341.8275, Florida Statutes, is created
157	to read:
158	341.8275 Legislative approval of high-speed rail
159	alignments.--
160	(1) The Legislature shall review and approve the preferred
161	alignment, as selected by the authority pursuant to s. 341.827,
162	of the initial high-speed rail segment between Orlando and
163	Tampa; the second segment linking Tampa and St. Petersburg; the
164	third segment linking Orlando and Miami; and all subsequent
165	segments.
166	(2)(a) The authority is directed to select the preferred
167	alignment for the Orlando-to-Tampa segment of the high-speed
168	rail system no later than November 1, 2003.
169	(b) The authority’s selection shall be submitted to the
170	Department of Transportation, the Department of Community
171	Affairs, the metropolitan planning organizations within whose
172	jurisdictions the preferred alignment is located, and the
173	counties in which the preferred alignment is located. These
174	agencies and entities shall review the preferred alignment based
175	on the criteria in subparagraphs 1.-4. and submit to the
176	Legislature individual reports of their findings as to the
177	preferred alignment no later than February 1, 2004.
178	1. The Department of Transportation shall review the
179	authority’s preferred alignment for consistency with the Florida
180	Transportation Plan; for its impact on state-owned
181	transportation facilities in the vicinity; and for consistency
182	with engineering principles required by the department for its
183	projects.
184	2. The Department of Community Affairs shall review the
185	preferred alignment to determine consistency with the approved
186	local government comprehensive plans of the units of local
187	government through which the preferred alignment runs.
188	3. The metropolitan planning organizations within whose
189	jurisdictions the preferred alignment is located shall review
190	the preferred alignment for consistency with their individual
191	Transportation Improvement Program plans, developed pursuant to
192	s. 339.175.
193	4. The county commissions of the counties in which the
194	preferred alignment is located shall review the preferred
195	alignment for consistency with their local transportation,
196	economic development, and growth management initiatives or
197	ordinances. In addition, the county commission of the county
198	containing a primary intermodal center for the high-speed rail
199	system located at an international airport shall submit an
200	adopted resolution recommending its preferred alignment for the
201	system.
202	(c) The Legislature shall review the preferred alignment,
203	the reports provided by the agencies and entities described in
204	paragraph (b), and any other information relevant to the
205	preferred alignment. If the Legislature is satisfied that the
206	preferred alignment is consistent with state transportation and
207	growth management policies, and is the most cost-feasible
208	alternative, then it shall approve the preferred alignment as
209	selected by the authority. If the Legislature does not approve
210	the preferred alignment, then it may consider alternative
211	alignments that were presented to the authority. In the event
212	that the Legislature is not satisfied with any of the proposed
213	alignments for the Orlando-to-Tampa high-speed rail segment, it
214	may direct the authority to develop new alternatives.
215	Section 5. Section 341.840, Florida Statutes, is amended
216	to read:
217	341.840 Tax exemption.--The exercise of the powers granted
218	by this act will be in all respects for the benefit of the
219	people of this state, for the increase of their commerce,
220	welfare, and prosperity, and for the improvement of their health
221	and living conditions, and as the design, building, operation,
222	maintenance, and financing of a system by the authority or its
223	agent or the owner or lessee thereof, as herein authorized,
224	constitutes the performance of an essential public function,
225	neither the authority, its agent, nor the owner of such system
226	shall be required to pay any taxes or assessments upon or in
227	respect to the system or any property acquired or used by the
228	authority, its agent, or such owner under the provisions of this
229	act or upon the income therefrom, any security therefor, their
230	transfer, and the income therefrom, including any profit made on
231	the sale thereof, shall at all times be free from taxation of
232	every kind by the state, the counties, and the municipalities
233	and other political subdivisions in the state, provided,
234	however, that the tax exemption pursuant to this section shall
235	not apply to any associated development or to income, sales, or
236	other taxable transactions related to any associated
237	development.
238	Section 6. Section 341.843, Florida Statutes, is created
239	to read:
240	341.843 Surety bond; requirement with respect to high-
241	speed rail system.--
242	(1) The authority shall require, upon entering into a DBOM
243	or DBOM & F contract, that the contractor provide a performance
244	and payment bond in an amount determined by the authority.
245	(2) Prior to commencing any construction work by the DBOM
246	or DBOM & F contractor, the authority shall require that the
247	contractor provide to the authority a payment and performance
248	bond that covers 100 percent of the costs of the construction,
249	provided, however, that if such level of surety is not
250	commercially available, the authority, notwithstanding ss.
251	255.05 and 337.18, may require a monetary surety amount of less
252	than 100 percent of such costs or may authorize that surety
253	bonds be provided on a phased basis.
254	(3) The surety on such bonds shall be from a surety
255	company authorized to do business in the state. All bonds shall
256	be payable to the authority and conditioned on the prompt,
257	faithful, and efficient performance of the contract according to
258	plans and specifications and within the time period specified
259	and further conditioned on the prompt payment of all persons
260	furnishing labor, materials, equipment, and supplies therefor.
261	(4) The bond requirement of subsection(2) may be
262	substantially in the form provided in s. 255.05(3).
263	Section 7. Section 341.844, Florida Statutes, is created
264	to read:
265	341.844 Revenue bonds; project financing.--Upon the
266	request of the Florida High-Speed Rail Authority, the Division
267	of Bond Finance is authorized pursuant to s. 11, Art. VII of the
268	State Constitution and the State Bond Act to issue revenue bonds
269	for and on behalf of the Florida High-Speed Rail Authority for
270	the purpose of financing or refinancing the construction,
271	reconstruction, and improvement of a high-speed rail system.
272	Bonds issued pursuant to this section shall be payable from the
273	revenues of the high-speed rail system or other revenues of the
274	authority, including funds appropriated for the authority.
275	Section 8. Section 341.830, Florida Statutes, is amended
276	to read:
277	341.830 Procurement.--
278	(1) The authority may employ procurement methods under
279	chapters 255, 287, and 337 and under any rule adopted under such
280	chapters. To enhance the effective and efficient operation of
281	the authority, and to enhance the ability of the authority to
282	use best business practices, the authority may, pursuant to ss.
283	120.536(1) and 120.54, adopt rules for and employ procurement
284	methods available to the private sector.
285	(2) The authority is authorized to procure commodities and
286	the services of a qualified person or entity to design, build,
287	finance, operate, maintain, and implement a high-speed rail
288	system, including the use of a DBOM or DBOM & F method using
289	a request for proposal, a request for qualifications, or an
290	invitation to negotiate.
291	(3) Notwithstanding any provision of this act to the
292	contrary, procurement of any person or entity to provide any
293	professional services as defined in s. 287.055(2)(a) shall be in
294	accordance with the provisions of s. 287.055.
295	Section 9. There is appropriated from funds within the
296	State Transportation Trust Fund designated for the
297	Transportation Outreach Program (TOP) by s. 339.137, Florida
298	Statutes, to the Florida High-Speed Rail Authority the sum of
299	$75 million for fiscal year 2003-2004 to assist in the
300	implementation of the construction of the high-speed rail system
301	as defined in s. 341.8203(6). In the event funds designated for
302	the Transportation Outreach Program are insufficient to meet the
303	total appropriation, the maximum available funds shall be
304	appropriated from the Transportation Outreach Program and
305	additional funds equal to the amount of the insufficiency shall
306	be appropriated from funds within the State Transportation Trust
307	Fund for public transportation projects in accordance with
308	chapter 341, Florida Statutes, as provided in s. 206.46(3),
309	Florida Statutes, to the Florida High-Speed Rail Authority for
310	the purposes set forth in this section. In the event that s.
311	339.137, Florida Statutes, is repealed, the funds described in
312	this section shall be appropriated from funds within the State
313	Transportation Trust Fund committed by the Department of
314	Transportation for public transportation projects in accordance
315	with chapter 341, Florida Statutes, as provided in s. 206.46(3),
316	Florida Statutes, to the Florida High-Speed Rail Authority for
317	the purposes set forth in this section.
318	Section 10. Section 341.825, Florida Statutes, is created
319	to read:
320	341.825 Annual legislative budget requests.--Commencing
321	with fiscal year 2004-2005 and for the following 28 fiscal
322	years, the Department of Transportation shall include in its
323	annual legislative budget request an expenditure of not less
324	than $75 million to be provided by the Department of
325	Transportation to the Florida High-Speed Rail Authority created
326	by s. 341.821. Such budget shall include funding for projects
327	approved by the authority that are determined by the authority
328	to be in furtherance of the construction of the high-speed rail
329	system as defined in s. 341.8203(6). The funds described in this
330	section shall be appropriated from funds within the State
331	Transportation Trust Fund designated for the Transportation
332	Outreach Program by s. 339.137 to the Florida High-Speed Rail
333	Authority. In the event funds designated for the Transportation
334	Outreach Program are insufficient to meet the total
335	appropriation, the maximum available funds shall be appropriated
336	from the Transportation Outreach Program and additional funds
337	equal to the amount of the insufficiency shall be appropriated
338	from funds within the State Transportation Trust Fund for public
339	transportation projects in accordance with chapter 341, as
340	provided in s. 206.46(3), to the Florida High-Speed Rail
341	Authority for the purposes set forth in this section. In the
342	event that s. 339.137 is repealed, the funds described in this
343	section shall be appropriated from funds within the State
344	Transportation Trust Fund committed by the Department of
345	Transportation for public transportation projects in accordance
346	with chapter 341, as provided in s. 206.46(3), to the Florida
347	High-Speed Rail Authority for the purposes set forth in this
348	section.
349	Section 11. Section 341.826, Florida Statutes, is created
350	to read:
351	341.826 Pledging of funds.--Funds allocated pursuant to
352	this act may be assigned, pledged, or set aside as a trust for
353	the payment of principal or interest on revenue bonds, notes, or
354	other forms of indebtedness issued by the Florida High-Speed
355	Rail Authority or on its behalf by the Division of Bond Finance;
356	however, such debt shall not constitute a general obligation of
357	the State of Florida. The state does hereby covenant with
358	holders of such revenue bonds or such other instruments of
359	indebtedness issued hereunder that it will not repeal, impair,
360	or amend in any manner the appropriation of such funds that
361	would materially or adversely affect the rights of such holders,
362	so long as bonds authorized hereby are outstanding.
363	Section 12. Two full-time equivalent positions for an
364	executive director and an assistant to the executive director
365	are hereby created and authorized for the Florida High Speed
366	Rail Authority.
367	Section 13. This act shall take effect July 1, 2003.