HB 0855 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax 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.; defining "excess revenues";
14	amending the definition of “rail station,” “station,” or
15	“high-speed rail station”; providing that the general
16	public shall have full and unrestricted access to high-
17	speed rail stations; requiring high-speed rail stations to
18	be accessible by regional intermodal passenger modes;
19	amending s. 341.840, F.S.; providing that the tax
20	exemption granted the authority shall not apply to any
21	associated development or to income, sales, or other
22	taxable transactions related to any associated
23	development; creating s. 341.843, F.S.; requiring
24	specified contractors to provide surety bonds; providing
25	requirements with respect to such bonds; creating s.
26	341.844, F.S.; authorizing the Division of Bond Finance to
27	issue revenue bonds for and on behalf of the authority for
28	the purpose of financing or refinancing the construction,
29	reconstruction, and improvement of the high-speed rail
30	system; amending s. 341.830, F.S.; providing that
31	procurement by the authority of any person or entity to
32	provide professional services shall be in accordance with
33	the Consultants' Competitive Negotiation Act; creating s.
34	341.825, F.S.; requiring the Department of Transportation
35	to include a request for specified expenditures to be
36	provided to the Florida High-Speed Rail Authority in its
37	annual legislative budget requests for a specified period;
38	providing requirements with respect to such budget
39	requests and sources of appropriations; creating s.
40	341.826, F.S.; providing for the assignment, pledging, or
41	setting aside of such funds as a trust for the payment of
42	principal or interest on bonds issued by the authority;
43	amending s. 341.827, F.S.; authorizing the authority to
44	identify segment or project phases and to determine the
45	order in which the phases are to be completed, based on
46	specified criteria; providing that, subject to the United
47	States Environmental Protection Act, the authority shall
48	select a particular Orlando area route, based on certain
49	criteria; creating s. 341.845, F.S.; providing for
50	distribution and uses of excess revenues generated through
51	the operation of the high-speed rail system; providing for
52	two full-time equivalent positions; providing an effective
53	date.
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55	Be It Enacted by the Legislature of the State of Florida:
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57	Section 1. Subsections (6) through (9) of section
58	341.8203, Florida Statutes, are renumbered subsections (7)
59	through (10), respectively, a new subsection (6) is added to
60	said section, subsection (10) is renumbered as subsection (11)
61	and amended, and subsections (11) through (14) are renumbered as
62	subsections (12) through (15), respectively, to read:
63	341.8203 Definitions.--As used in this act, unless the
64	context clearly indicates otherwise, the term:
65	(6) “Excess revenues” means those revenues agreed upon by
66	contract between the authority and the DBOM or DBOM & F
67	contractor as being excess revenues from any source within the
68	operation of the high-speed rail system.
69	(11)(10)“Rail station,” “station,” or “high-speed rail
70	station” means any structure or transportation facility that is
71	part of a high-speed rail system designed to accommodate the
72	movement of passengers from one mode of transportation to
73	another at which passengers board or disembark from
74	transportation conveyances and transfer from one mode of
75	transportation to another. As part of the high-speed rail
76	system, the general public shall have full and unrestricted
77	access to all high-speed rail stations for the purpose of using
78	the high-speed rail system. All high-speed rail stations must be
79	accessible by regional intermodal passenger modes to connect the
80	surrounding community to the high-speed rail station.
81	Section 2. Section 341.840, Florida Statutes, is amended
82	to read:
83	341.840 Tax exemption.--The exercise of the powers granted
84	by this act will be in all respects for the benefit of the
85	people of this state, for the increase of their commerce,
86	welfare, and prosperity, and for the improvement of their health
87	and living conditions, and as the design, building, operation,
88	maintenance, and financing of a system by the authority or its
89	agent or the owner or lessee thereof, as herein authorized,
90	constitutes the performance of an essential public function,
91	neither the authority, its agent, nor the owner of such system
92	shall be required to pay any taxes or assessments upon or in
93	respect to the system or any property acquired or used by the
94	authority, its agent, or such owner under the provisions of this
95	act or upon the income therefrom, any security therefor, their
96	transfer, and the income therefrom, including any profit made on
97	the sale thereof, shall at all times be free from taxation of
98	every kind by the state, the counties, and the municipalities
99	and other political subdivisions in the state, provided,
100	however, that the tax exemption pursuant to this section shall
101	not apply to any associated development or to income, sales, or
102	other taxable transactions related to any associated
103	development.
104	Section 3. Section 341.843, Florida Statutes, is created
105	to read:
106	341.843 Surety bond; requirement with respect to high-
107	speed rail system.--
108	(1) The authority shall require, upon entering into a DBOM
109	or DBOM & F contract, that the contractor provide a performance
110	and payment bond in an amount determined by the authority.
111	(2) Prior to commencing any construction work by the DBOM
112	or DBOM & F contractor, the authority shall require that the
113	contractor provide to the authority a payment and performance
114	bond that covers 100 percent of the costs of the construction,
115	provided, however, that if such level of surety is not
116	commercially available, the authority, notwithstanding ss.
117	255.05 and 337.18, may require a monetary surety amount of less
118	than 100 percent of such costs or may authorize that surety
119	bonds be provided on a phased basis.
120	(3) The surety on such bonds shall be from a surety
121	company authorized to do business in the state. All bonds shall
122	be payable to the authority and conditioned on the prompt,
123	faithful, and efficient performance of the contract according to
124	plans and specifications and within the time period specified
125	and further conditioned on the prompt payment of all persons
126	furnishing labor, materials, equipment, and supplies therefor.
127	(4) The bond requirement of subsection (2) may be
128	substantially in the form provided in s. 255.05(3).
129	Section 4. Section 341.844, Florida Statutes, is created
130	to read:
131	341.844 Revenue bonds; project financing.--Upon the
132	request of the Florida High-Speed Rail Authority, the Division
133	of Bond Finance is authorized pursuant to s. 11, Art. VII of the
134	State Constitution and the State Bond Act to issue revenue bonds
135	for and on behalf of the Florida High-Speed Rail Authority for
136	the purpose of financing or refinancing the construction,
137	reconstruction, and improvement of a high-speed rail system.
138	Bonds issued pursuant to this section shall be payable from the
139	revenues of the high-speed rail system or other revenues of the
140	authority, including funds appropriated for the authority.
141	Section 5. Section 341.830, Florida Statutes, is amended
142	to read:
143	341.830 Procurement.--
144	(1) The authority may employ procurement methods under
145	chapters 255, 287, and 337 and under any rule adopted under such
146	chapters. To enhance the effective and efficient operation of
147	the authority, and to enhance the ability of the authority to
148	use best business practices, the authority may, pursuant to ss.
149	120.536(1) and 120.54, adopt rules for and employ procurement
150	methods available to the private sector.
151	(2) The authority is authorized to procure commodities and
152	the services of a qualified person or entity to design, build,
153	finance, operate, maintain, and implement a high-speed rail
154	system, including the use of a DBOM or DBOM & F method using a
155	request for proposal, a request for qualifications, or an
156	invitation to negotiate.
157	(3) Notwithstanding any provision of this act to the
158	contrary, procurement of any person or entity to provide any
159	professional services as defined in s. 287.055(2)(a) shall be in
160	accordance with the provisions of s. 287.055.
161	Section 6. Section 341.825, Florida Statutes, is created
162	to read:
163	341.825 Annual legislative budget requests.--Commencing
164	with fiscal year 2004-2005 and for the following 30 fiscal
165	years, the Department of Transportation shall include in its
166	annual legislative budget request an expenditure of not less
167	than $75 million to be provided by the Department of
168	Transportation to the Florida High-Speed Rail Authority created
169	by s. 341.821. Such budget shall include funding for projects
170	approved by the authority that are determined by the authority
171	to be in furtherance of the construction of the high-speed rail
172	system as defined in s. 341.8203(6). The funds described in this
173	section shall be appropriated from funds within the State
174	Transportation Trust Fund designated for the Transportation
175	Outreach Program by s. 339.137 to the Florida High-Speed Rail
176	Authority. In the event funds designated for the Transportation
177	Outreach Program are insufficient to meet the total
178	appropriation, the maximum available funds shall be appropriated
179	from the Transportation Outreach Program and additional funds
180	equal to the amount of the insufficiency shall be appropriated
181	from funds within the State Transportation Trust Fund for public
182	transportation projects in accordance with chapter 341, as
183	provided in s. 206.46(3), to the Florida High-Speed Rail
184	Authority for the purposes set forth in this section. In the
185	event that s. 339.137 is repealed, the funds described in this
186	section shall be appropriated from funds within the State
187	Transportation Trust Fund committed by the Department of
188	Transportation for public transportation projects in accordance
189	with chapter 341, as provided in s. 206.46(3), to the Florida
190	High-Speed Rail Authority for the purposes set forth in this
191	section.
192	Section 7. Section 341.826, Florida Statutes, is created
193	to read:
194	341.826 Pledging of funds.--Funds allocated pursuant to
195	this act may be assigned, pledged, or set aside as a trust for
196	the payment of principal or interest on revenue bonds, notes, or
197	other forms of indebtedness issued by the Florida High-Speed
198	Rail Authority or on its behalf by the Division of Bond Finance;
199	however, such debt shall not constitute a general obligation of
200	the State of Florida. The state does hereby covenant with
201	holders of such revenue bonds or such other instruments of
202	indebtedness issued hereunder that it will not repeal, impair,
203	or amend in any manner the appropriation of such funds that
204	would materially or adversely affect the rights of such holders,
205	so long as bonds authorized hereby are outstanding.
206	Section 8. Subsections (1) and (2) of section 341.827,
207	Florida Statutes, are amended to read:
208	341.827 Service areas; segment designation.--
209	(1)(a)The authority shall determine in which order the
210	service areas, as designated by the Legislature, will be served
211	by the high-speed rail system.
212	(b) After completing the Orlando area segment, the
213	Lakeland/Winter Haven area segment, and the Tampa area segment,
214	known as “Phase I,” the authority also may identify segment or
215	project phases, and determine the order in which these phases
216	are to be completed, based on the criteria contained in
217	paragraph (2)(c).
218	(2) The authority shall plan and develop the high-speed
219	rail system so that construction proceeds as follows:
220	(a) The initial segments of the system shall be developed
221	and operated between the St. Petersburg area, the Tampa area,
222	the Lakeland/Winter Haven area, and the Orlando area, with
223	future service to the Miami area.
224	(b) Subject to the provisions of the United States
225	Environmental Protection Act, the authority shall select in the
226	Orlando area the most direct route between the Orlando
227	International Airport, as the primary multimodal hub in the
228	corridor, and the first destination station on the Orlando-to-
229	Tampa route, which is identified as the Orlando area station.
230	This Orlando area station shall be located on the corridor that
231	provides the most direct route, and the minimum nonstop travel
232	time, from Orlando International Airport to Tampa. The minimum
233	nonstop travel time from Orlando International Airport to Tampa,
234	used to make this identification, shall be the times identified
235	by DBOM or DBOM & F proposers in their proposals submitted to
236	the authority on February 10, 2003, and who are deemed
237	responsive by the authority at the time this act becomes law.
238	The Orlando area station also must be one of the possible
239	station sites included in the authority’s DBOM & F “Request for
240	Proposals for Phase 1, Part 1, Tampa to Orlando,” issued October
241	7, 2002.
242	(c)(b)Construction of subsequent segments of the high-
243	speed rail system shall connect the metropolitan areas of Port
244	Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.
245	Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.
246	Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,
247	Tallahassee, and Pensacola.
248	(d)(c)Selection of segments of the high-speed rail system
249	to be constructed subsequent to the initial segments of the
250	system shall be prioritized by the authority, giving
251	consideration to the demand for service, financial participation
252	by local governments, financial participation by the private
253	sector, and the available financial resources of the authority.
254	Section 9. Section 341.845, Florida Statutes, is created
255	to read:
256	341.845 Use of high-speed rail system excess revenues.--
257	(1) All excess revenues generated through the operation of
258	the high-speed rail system shall be returned by the DBOM or DBOM
259	& F contractor to the authority.
260	(2) Excess revenues generated by the initial segment of
261	the high-speed rail system shall be distributed by the authority
262	on an annual basis as follows:
263	(a) Fifty percent of excess revenues shall be retained by
264	the authority to be utilized for administrative costs, for debt
265	service, or to build infrastructure to extend the system in
266	accordance with ss. 341.823 and 341.827.
267	(b) Fifty percent of excess revenues shall be distributed
268	to the Department of Transportation by the authority for the
269	exclusive purpose of financing and constructing regional
270	intermodal passenger modes to connect the community to rail
271	stations. The department shall allocate a minimum of 10 percent
272	of the available excess revenues distributed under this
273	paragraph to projects in each community containing a high-speed
274	rail station. The formula for allocating the balance of
275	available funds to projects in such communities shall be based
276	on average daily station boardings in proportion to total
277	average daily boardings. The Orlando area regional intermodal
278	passenger modes must connect with the high-speed rail system at
279	Orlando International Airport and at the Orlando area station
280	and must have a regional intermodal passenger station on or near
281	the Orange County Convention Center.
282	(c) The funds provided in paragraph (b) for the Orlando
283	area regional intermodal passenger modes shall be used to
284	connect the Orlando International Airport to the Orange County
285	Convention Center and the Orange County Convention Center to the
286	Orlando area station.
287	Section 10. Two full-time equivalent positions for an
288	executive director and an assistant to the executive director
289	are hereby created and authorized for the Florida High-Speed
290	Rail Authority.
291	Section 11. This act shall take effect July 1, 2003.