HB 1B

1
A bill to be entitled
2An act relating to transportation; amending s. 20.23,
3F.S.; creating the Florida Statewide Passenger Rail
4Commission to monitor passenger rail systems and
5associated operations, advise the Department of
6Transportation concerning a statewide system of passenger
7rail service, evaluate passenger rail policies, and
8provide advice and recommendations to the Legislature on
9passenger rail operations in the state; providing for
10membership and organization of the commission; authorizing
11reimbursement for travel and other expenses of members;
12prohibiting the commission and its members from taking
13part in operations of the department or a monitored
14authority; assigning the commission to the Office of the
15Secretary of the department for administrative purposes;
16providing that expenses of the commission shall be
17approved by the secretary; directing the department to
18provide administrative support and services to the
19commission; providing for a rail enterprise in the
20department to be headed by an executive director and
21headquartered in Leon County; providing that the executive
22director shall be appointed by the Secretary of
23Transportation; directing the secretary to assign to the
24executive director the responsibility for funding,
25developing, and operating high-speed and passenger rail
26systems under specified provisions and coordinating
27publicly funded passenger rail operations; exempting the
28enterprise from department policies, procedures, and
29standards; providing exceptions; amending s. 201.15, F.S.;
30revising allocation of certain moneys in the State
31Transportation Trust Fund by increasing the percentage to
32be allocated for purposes of the Small County Outreach
33Program and providing for an annual allocation to the
34Florida Rail Enterprise; amending s. 339.135, F.S.;
35providing a funding source for allocations to the South
36Florida Regional Transportation Authority under specified
37provisions; amending s. 343.58, F.S., relating to the
38South Florida Regional Transportation Authority; providing
39that funds dedicated by county governments may be used for
40certain purposes; providing for allocation of funds from
41the State Transportation Trust Fund to the authority;
42providing for cessation of the allocation under certain
43circumstances; amending s. 341.301, F.S.; revising the
44definition of "railroad" or "rail system" to include a
45high-speed rail system and providing definitions for
46purposes of provisions for rail programs; amending s.
47341.302, F.S.; revising duties and responsibilities of the
48department to develop and implement a rail program;
49authorizing the department's rail system plan to include
50regional components for certain purposes; revising
51requirements for the plan to be updated; requiring a plan
52status report to the Legislature; directing the department
53to work with local communities to address impacts of
54passenger rail implementation, finalize alternative routes
55for through freight rail traffic in Central Florida, and
56provide technical assistance to a coalition of
57municipalities and counties in Central Florida for
58development of a regional rail system plan; providing
59parameters within which the department may by contract
60indemnify against loss a freight rail operator from whom
61it has acquired interest in a rail corridor; authorizing
62the department to purchase liability insurance including
63coverage for the department, any freight rail operator,
64commuter rail service providers, governmental entities, or
65any ancillary development and establish a self-insurance
66retention fund; limiting the amount of the insurance and
67self-insurance retention fund; providing that the insureds
68must make payments for the coverage; providing that the
69insurance may provide coverage for all damages and be
70maintained to provide a fund to cover liabilities arising
71from rail corridor ownership and operations; authorizing
72the department to incur certain marketing expenses
73relating to rail corridor acquisition, ownership,
74construction, and operation; providing that
75indemnification by contract, the purchase of insurance, or
76establishment of a self-insurance retention fund does not
77waive sovereign immunity or increase liability limits
78provided under specified provisions; providing that
79specified provisions apply to the purchase of insurance;
80providing that specified provisions relating to rail
81service apply to other governmental entities under
82contract with the department or designated by the
83department; providing for application of specified
84provisions to procurement contracts for the construction,
85operation, maintenance, and management of a rail corridor
86by the department, a governmental entity under contract
87with the department, or a governmental entity designated
88by the department; authorizing the department to complete
89an escrowed closing on the Central Florida Rail Corridor
90acquisition if Federal Transit Administration full-funding
91grant agreement approval is obtained for the proposed
92Central Florida Commuter Rail Transit Project Initial
93Operating Segment; amending s. 341.303, F.S.; revising
94provisions for distribution of rail funds; removing
95provisions for funding service development projects;
96authorizing the department to fund net operating costs of
97eligible intercity or commuter rail systems for a certain
98time period; authorizing the department, through the
99Florida Rail Enterprise, to use specified funds to fund
100certain costs of passenger rail capital improvement
101projects, passenger rail planning and development, the
102high-speed rail system, and projects necessary to identify
103or address anticipated impacts of increased freight rail
104traffic due to implementing passenger rail systems;
105providing that the enterprise shall be a single budget
106entity; providing that the enterprise's budget include all
107passenger rail funding and be submitted to the Legislature
108along with the department's budget; directing the Governor
109to certify forward unexpended funds of the enterprise;
110providing for use of unencumbered funds certified forward;
111amending s. 341.8201, F.S.; revising a short title;
112providing that specified provisions may be cited as the
113"Florida Rail Enterprise Act"; amending s. 341.8203, F.S.;
114providing definitions for purposes of such act; amending
115s. 341.822, F.S.; providing powers and duties of the
116enterprise in addition to the powers and duties of the
117department; authorizing the enterprise to plan, construct,
118maintain, repair, operate, and promote a high-speed rail
119system, to acquire corridors, and to coordinate the
120development and operation of publicly funded passenger
121rail systems; providing intent; authorizing the enterprise
122to cooperate, coordinate, partner, and contract with other
123entities to accomplish its purposes; authorizing the
124enterprise to employ certain procurement methods;
125authorizing the executive director to employ staff;
126providing that such staff are exempt from specified Career
127Service System provisions; providing for construction;
128providing that provisions for powers of the enterprise
129supersede other laws that are inconsistent; requiring rail
130enterprise projects or improvements to be developed in
131accordance with the Florida Transportation Plan and the
132department's work program; creating s. 341.8225, F.S.;
133providing that only the department may acquire, construct,
134maintain, or operate the high-speed rail system; providing
135for an exception with legislative authorization;
136authorizing local governmental entities to negotiate with
137the department for the design, right-of-way acquisition,
138and construction of components of the system; amending s.
139341.836, F.S.; providing for the enterprise to undertake
140associated developments for certain purposes; amending s.
141341.838, F.S.; authorizing the enterprise to establish and
142collect fares, rates, and other charges for services
143provided by the system; authorizing the enterprise to
144contract with other entities; directing the enterprise to
145review the fares, rates, and other charges annually;
146providing for use of moneys collected; providing that such
147fares, rates, and other charges are not subject to
148supervision or regulation by other entities; amending s.
149341.839, F.S.; providing for construction of provisions
150granting powers to the enterprise; removing provisions
151relating to the Florida High-Speed Rail Authority;
152repealing ss. 341.8202, 341.821, 341.823, 341.824,
153341.827, 341.828, 341.829, 341.830, 341.831, 341.832,
154341.833, 341.834, 341.835, 341.837, and 341.841, F.S.,
155relating to the Florida High-Speed Rail Authority,
156legislative findings and intent, criteria for assessment
157and recommendations, technical, scientific, or other
158assistance, service areas, segment designation,
159permitting, conflict prevention, mitigation, and
160resolution, procurement, prequalification, request for
161qualifications, request for proposals, award of contract,
162acquisition of property, rights-of-way, and disposal of
163land, payment of expenses, and reports and audits;
164amending s. 110.205, F.S.; conforming cross-references;
165providing effective dates.
166
167Be It Enacted by the Legislature of the State of Florida:
168
169     Section 1.  Paragraph (b) of subsection (2) and present
170subsection (4) of section 20.23, Florida Statutes, are amended,
171present subsections (3) through (6) are renumbered as
172subsections (4) through (7), respectively, and a new subsection
173(3) is added to that section, to read:
174     20.23  Department of Transportation.-There is created a
175Department of Transportation which shall be a decentralized
176agency.
177     (2)
178     (b)  The commission shall have the primary functions to:
179     1.  Recommend major transportation policies for the
180Governor's approval, and assure that approved policies and any
181revisions thereto are properly executed.
182     2.  Periodically review the status of the state
183transportation system including highway, transit, rail, seaport,
184intermodal development, and aviation components of the system
185and recommend improvements therein to the Governor and the
186Legislature.
187     3.  Perform an in-depth evaluation of the annual department
188budget request, the Florida Transportation Plan, and the
189tentative work program for compliance with all applicable laws
190and established departmental policies. Except as specifically
191provided in s. 339.135(4)(c)2., (d), and (f), the commission may
192not consider individual construction projects, but shall
193consider methods of accomplishing the goals of the department in
194the most effective, efficient, and businesslike manner.
195     4.  Monitor the financial status of the department on a
196regular basis to assure that the department is managing revenue
197and bond proceeds responsibly and in accordance with law and
198established policy.
199     5.  Monitor on at least a quarterly basis, the efficiency,
200productivity, and management of the department, using
201performance and production standards developed by the commission
202pursuant to s. 334.045.
203     6.  Perform an in-depth evaluation of the factors causing
204disruption of project schedules in the adopted work program and
205recommend to the Legislature and the Governor methods to
206eliminate or reduce the disruptive effects of these factors.
207     7.  Recommend to the Governor and the Legislature
208improvements to the department's organization in order to
209streamline and optimize the efficiency of the department. In
210reviewing the department's organization, the commission shall
211determine if the current district organizational structure is
212responsive to Florida's changing economic and demographic
213development patterns. The initial report by the commission must
214be delivered to the Governor and Legislature by December 15,
2152000, and each year thereafter, as appropriate. The commission
216may retain such experts as are reasonably necessary to
217effectuate this subparagraph, and the department shall pay the
218expenses of such experts.
219     8.  Monitor the efficiency, productivity, and management of
220the authorities created under chapters 343, 348, and 349,
221including any authority formed using the provisions of part I of
222chapter 348 and any authority formed under chapter 343 which is
223not monitored under subsection (3). The commission shall also
224conduct periodic reviews of each authority's operations and
225budget, acquisition of property, management of revenue and bond
226proceeds, and compliance with applicable laws and generally
227accepted accounting principles.
228     (3)  There is created the Florida Statewide Passenger Rail
229Commission.
230     (a)1.  The commission shall consist of nine voting members
231appointed as follows:
232     a.  Three members shall be appointed by the Governor, one
233of whom must have a background in the area of environmental
234concerns, one of whom must have a legislative background, and
235one of whom must have a general business background.
236     b.  Three members shall be appointed by the President of
237the Senate, one of whom must have a background in civil
238engineering, one of whom must have a background in
239transportation construction, and one of whom must have a general
240business background.
241     c.  Three members shall be appointed by the Speaker of the
242House of Representatives, one of whom must have a legal
243background, one of whom must have a background in financial
244matters, and one of whom must have a general business
245background.
246     2.  The initial term of each member appointed by the
247Governor shall be for 4 years. The initial term of each member
248appointed by the President of the Senate shall be for 3 years.
249The initial term of each member appointed by the Speaker of the
250House of Representatives shall be for 2 years. Succeeding terms
251for all members shall be for 4 years.
252     3.  A vacancy occurring during a term shall be filled by
253the respective appointing authority in the same manner as the
254original appointment and only for the balance of the unexpired
255term. An appointment to fill a vacancy shall be made within 60
256days after the occurrence of the vacancy.
257     4.  The commission shall elect one of its members as chair
258of the commission. The chair shall hold office at the will of
259the commission. Five members of the commission shall constitute
260a quorum, and the vote of five members shall be necessary for
261any action taken by the commission. The commission may meet upon
262the constitution of a quorum. A vacancy in the commission does
263not impair the right of a quorum to exercise all rights and
264perform all duties of the commission.
265     5.  The members of the commission are not entitled to
266compensation but are entitled to reimbursement for travel and
267other necessary expenses as provided in s. 112.061.
268     (b)  The commission shall have the primary functions of:
269     1.  Monitoring the efficiency, productivity, and management
270of all publicly funded passenger rail systems in the state,
271including, but not limited to, any authority created under
272chapter 343, chapter 349, or chapter 163 if the authority
273receives public funds for the provision of passenger rail
274service. The commission shall advise each monitored authority of
275its findings and recommendations. The commission shall also
276conduct periodic reviews of each monitored authority's passenger
277rail and associated transit operations and budget, acquisition
278of property, management of revenue and bond proceeds, and
279compliance with applicable laws and generally accepted
280accounting principles. The commission may seek the assistance of
281the Auditor General in conducting such reviews and shall report
282the findings of such reviews to the Legislature. This paragraph
283does not preclude the Florida Transportation Commission from
284conducting its performance and work program monitoring
285responsibilities.
286     2.  Advising the department on policies and strategies used
287in planning, designing, building, operating, financing, and
288maintaining a coordinated statewide system of passenger rail
289services.
290     3.  Evaluating passenger rail policies and providing advice
291and recommendations to the Legislature on passenger rail
292operations in the state.
293     (c)  The commission or a member of the commission may not
294enter into the day-to-day operation of the department or a
295monitored authority and is specifically prohibited from taking
296part in:
297     1.  The awarding of contracts.
298     2.  The selection of a consultant or contractor or the
299prequalification of any individual consultant or contractor.
300However, the commission may recommend to the secretary standards
301and policies governing the procedure for selection and
302prequalification of consultants and contractors.
303     3.  The selection of a route for a specific project.
304     4.  The specific location of a transportation facility.
305     5.  The acquisition of rights-of-way.
306     6.  The employment, promotion, demotion, suspension,
307transfer, or discharge of any department personnel.
308     7.  The granting, denial, suspension, or revocation of any
309license or permit issued by the department.
310     (d)  The commission is assigned to the Office of the
311Secretary of the Department of Transportation for administrative
312and fiscal accountability purposes, but it shall otherwise
313function independently of the control and direction of the
314department except that reasonable expenses of the commission
315shall be subject to approval by the Secretary of Transportation.
316The department shall provide administrative support and service
317to the commission.
318     (5)(4)(a)  The operations of the department shall be
319organized into seven districts, each headed by a district
320secretary, and a turnpike enterprise and a rail enterprise, each
321enterprise headed by an executive director. The district
322secretaries and the turnpike executive directors director shall
323be registered professional engineers in accordance with the
324provisions of chapter 471 or, in lieu of professional engineer
325registration, a district secretary or turnpike executive
326director may hold an advanced degree in an appropriate related
327discipline, such as a Master of Business Administration. The
328headquarters of the districts shall be located in Polk,
329Columbia, Washington, Broward, Volusia, Miami-Dade, and
330Hillsborough Counties. The headquarters of the turnpike
331enterprise shall be located in Orange County. The headquarters
332of the rail enterprise shall be located in Leon County. In order
333to provide for efficient operations and to expedite the
334decisionmaking process, the department shall provide for maximum
335decentralization to the districts.
336     (b)  Each district secretary may appoint up to three
337district directors or, until July 1, 2005, each district
338secretary may appoint up to four district directors. These
339positions are exempt from part II of chapter 110.
340     (c)  Within each district, offices shall be established for
341managing major functional responsibilities of the department.
342The heads of these offices shall be exempt from part II of
343chapter 110.
344     (d)  The district director for the Fort Myers Urban Office
345of the Department of Transportation is responsible for
346developing the 5-year Transportation Plan for Charlotte,
347Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
348Myers Urban Office also is responsible for providing policy,
349direction, local government coordination, and planning for those
350counties.
351     (e)1.  The responsibility for the turnpike system shall be
352delegated by the secretary to the executive director of the
353turnpike enterprise, who shall serve at the pleasure of the
354secretary. The executive director shall report directly to the
355secretary, and the turnpike enterprise shall operate pursuant to
356ss. 338.22-338.241.
357     2.  To facilitate the most efficient and effective
358management of the turnpike enterprise, including the use of best
359business practices employed by the private sector, the turnpike
360enterprise, except as provided in s. 287.055, shall be exempt
361from departmental policies, procedures, and standards, subject
362to the secretary having the authority to apply any such
363policies, procedures, and standards to the turnpike enterprise
364from time to time as deemed appropriate.
365     (f)1.  The responsibility for developing and operating the
366high-speed and passenger rail systems established in chapter
367341, directing funding for passenger rail systems under s.
368341.303, and coordinating publicly funded passenger rail
369operations in the state, including freight rail interoperability
370issues, shall be delegated by the secretary to the executive
371director of the rail enterprise, who shall serve at the pleasure
372of the secretary. The executive director shall report directly
373to the secretary, and the rail enterprise shall operate pursuant
374to ss. 341.8201-341.842.
375     2.  To facilitate the most efficient and effective
376management of the rail enterprise, including the use of best
377business practices employed by the private sector, the rail
378enterprise, except as provided in s. 287.055, shall be exempt
379from departmental policies, procedures, and standards, subject
380to the secretary having the authority to apply any such
381policies, procedures, and standards to the rail enterprise from
382time to time as deemed appropriate.
383     Section 2.  Paragraph (c) of subsection (1) of section
384201.15, Florida Statutes, as amended by chapters 2009-21 and
3852009-68, Laws of Florida, is amended to read:
386     201.15  Distribution of taxes collected.-All taxes
387collected under this chapter are subject to the service charge
388imposed in s. 215.20(1). Prior to distribution under this
389section, the Department of Revenue shall deduct amounts
390necessary to pay the costs of the collection and enforcement of
391the tax levied by this chapter. Such costs and the service
392charge may not be levied against any portion of taxes pledged to
393debt service on bonds to the extent that the costs and service
394charge are required to pay any amounts relating to the bonds.
395After distributions are made pursuant to subsection (1), all of
396the costs of the collection and enforcement of the tax levied by
397this chapter and the service charge shall be available and
398transferred to the extent necessary to pay debt service and any
399other amounts payable with respect to bonds authorized before
400January 1, 2010, secured by revenues distributed pursuant to
401subsection (1). All taxes remaining after deduction of costs and
402the service charge shall be distributed as follows:
403     (1)  Sixty-three and thirty-one hundredths percent of the
404remaining taxes shall be used for the following purposes:
405     (c)  After the required payments under paragraphs (a) and
406(b), the remainder shall be paid into the State Treasury to the
407credit of:
408     1.  The State Transportation Trust Fund in the Department
409of Transportation in the amount of the lesser of 38.2 percent of
410the remainder or $541.75 million in each fiscal year, to be used
411for the following specified purposes, notwithstanding any other
412law to the contrary:
413     a.  For the purposes of capital funding for the New Starts
414Transit Program, authorized by Title 49, U.S.C. s. 5309 and
415specified in s. 341.051, 10 percent of these funds;
416     b.  For the purposes of the Small County Outreach Program
417specified in s. 339.2818, 5 percent of these funds. Effective
418July 1, 2014, the percentage allocated under this sub-
419subparagraph shall be increased to 10 percent;
420     c.  For the purposes of the Strategic Intermodal System
421specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
422of these funds after allocating for the New Starts Transit
423Program described in sub-subparagraph a. and the Small County
424Outreach Program described in sub-subparagraph b.; and
425     d.  For the purposes of the Transportation Regional
426Incentive Program specified in s. 339.2819, 25 percent of these
427funds after allocating for the New Starts Transit Program
428described in sub-subparagraph a. and the Small County Outreach
429Program described in sub-subparagraph b. Effective July 1, 2014,
430the first $60 million of the funds allocated pursuant to this
431sub-subparagraph shall be allocated annually to the Florida Rail
432Enterprise for the purposes established in s. 341.303(5).
433     2.  The Grants and Donations Trust Fund in the Department
434of Community Affairs in the amount of the lesser of .23 percent
435of the remainder or $3.25 million in each fiscal year, with 92
436percent to be used to fund technical assistance to local
437governments and school boards on the requirements and
438implementation of this act and the remaining amount to be used
439to fund the Century Commission established in s. 163.3247.
440     3.  The Ecosystem Management and Restoration Trust Fund in
441the amount of the lesser of 2.12 percent of the remainder or $30
442million in each fiscal year, to be used for the preservation and
443repair of the state's beaches as provided in ss. 161.091-
444161.212.
445     4.  General Inspection Trust Fund in the amount of the
446lesser of .02 percent of the remainder or $300,000 in each
447fiscal year to be used to fund oyster management and restoration
448programs as provided in s. 379.362(3).
449
450Moneys distributed pursuant to this paragraph may not be pledged
451for debt service unless such pledge is approved by referendum of
452the voters.
453     Section 3.  Paragraph (a) of subsection (4) of section
454339.135, Florida Statutes, is amended to read:
455     339.135  Work program; legislative budget request;
456definitions; preparation, adoption, execution, and amendment.-
457     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
458     (a)1.  To assure that no district or county is penalized
459for local efforts to improve the State Highway System, the
460department shall, for the purpose of developing a tentative work
461program, allocate funds for new construction to the districts,
462except for the turnpike enterprise, based on equal parts of
463population and motor fuel tax collections. Funds for
464resurfacing, bridge repair and rehabilitation, bridge fender
465system construction or repair, public transit projects except
466public transit block grants as provided in s. 341.052, and other
467programs with quantitative needs assessments shall be allocated
468based on the results of these assessments. The department may
469not transfer any funds allocated to a district under this
470paragraph to any other district except as provided in subsection
471(7). Funds for public transit block grants shall be allocated to
472the districts pursuant to s. 341.052. Funds for the intercity
473bus program provided for under s. 5311(f) of the federal
474nonurbanized area formula program shall be administered and
475allocated directly to eligible bus carriers as defined in s.
476341.031(12) at the state level rather than the district. In
477order to provide state funding to support the intercity bus
478program provided for under provisions of the federal 5311(f)
479program, the department shall allocate an amount equal to the
480federal share of the 5311(f) program from amounts calculated
481pursuant to s. 206.46(3).
482     2.  Notwithstanding the provisions of subparagraph 1., the
483department shall allocate at least 50 percent of any new
484discretionary highway capacity funds to the Florida Strategic
485Intermodal System created pursuant to s. 339.61. Any remaining
486new discretionary highway capacity funds shall be allocated to
487the districts for new construction as provided in subparagraph
4881. For the purposes of this subparagraph, the term "new
489discretionary highway capacity funds" means any funds available
490to the department above the prior year funding level for
491capacity improvements, which the department has the discretion
492to allocate to highway projects.
493     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
494334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
495only, the department shall reduce work program levels to balance
496the finance plan to the revised funding levels resulting from
497any reduction in the 2009-2010 General Appropriations Act. This
498subparagraph expires July 1, 2010.
499     4.  For the 2009-2010 fiscal year only, prior to any
500project or phase thereof being deferred, the department's cash
501balances shall be as provided in paragraph (6)(b), and the
502reductions in subparagraph 3. shall be made to financial
503projects not programmed for contract letting as identified with
504a work program contract class code 8 and the box code RV. These
505reductions shall not negatively impact safety or maintenance or
506project contingency percentage levels as of April 21, 2009. This
507subparagraph expires July 1, 2010.
508     5.  Notwithstanding subparagraphs 1. and 2. and ss.
509206.46(3) and 334.044(26), and for fiscal years 2009-2010
510through 2013-2014 only, the department shall annually allocate
511up to $15 million of the first proceeds of the increased
512revenues estimated by the November 2009 Revenue Estimating
513Conference to be deposited into the State Transportation Trust
514Fund to provide for the portion of the transfer of funds
515included in s. 343.58(4)(a)1.a. or s. 343.58(4)(a)2.a.,
516whichever is applicable. The transfer of funds included in s.
517343.58(4) may not negatively impact projects included in fiscal
518years 2009-2010 through 2013-2014 of the work program as of July
5191, 2009, as amended pursuant to subsection (7). This
520subparagraph expires July 1, 2014.
521     Section 4.  Section 343.58, Florida Statutes, is amended to
522read:
523     343.58  County funding for the South Florida Regional
524Transportation Authority.-
525     (1)  Each county served by the South Florida Regional
526Transportation Authority must dedicate and transfer not less
527than $2.67 million to the authority annually. The recurring
528annual $2.67 million must be dedicated by the governing body of
529each county before October 31 of each fiscal year. These funds
530may be used for capital, operations, and maintenance.
531     (2)  At least $45 million of a state-authorized, local
532option recurring funding source available to Broward, Miami-
533Dade, and Palm Beach counties is directed to the authority to
534fund its capital, operating, and maintenance expenses. The
535funding source shall be dedicated to the authority only if
536Broward, Miami-Dade, and Palm Beach counties impose the local
537option funding source.
538     (3)  In addition, each county shall continue to annually
539fund the operations of the South Florida Regional Transportation
540Authority in an amount not less than $1.565 million. Revenue
541raised pursuant to this subsection shall also be considered a
542dedicated funding source.
543     (4)  Notwithstanding any other provision of law to the
544contrary and effective July 1, 2010, the department shall
545transfer annually from the State Transportation Trust Fund to
546the South Florida Regional Transportation Authority the amounts
547specified in subparagraph (a)1. or subparagraph (a)2.
548     (a)1.  If the authority becomes responsible for maintaining
549and dispatching the South Florida Rail Corridor:
550     a.  $15 million from the State Transportation Trust Fund to
551the South Florida Regional Transportation Authority for
552operations, maintenance, and dispatch; and
553     b.  An amount no less than the work program commitments
554equal to $27.1 million for fiscal year 2010-2011, as of July 1,
5552009, for operating assistance to the authority and corridor
556track maintenance and contract maintenance for the South Florida
557Rail Corridor.
558     2.  If the authority does not become responsible for
559maintaining and dispatching the South Florida Rail Corridor:
560     a.  $13.3 million from the State Transportation Trust Fund
561to the South Florida Regional Transportation Authority for
562operations; and
563     b.  An amount no less than the work program commitments
564equal to $17.3 million for fiscal year 2010-2011, as of July 1,
5652009, for operating assistance to the authority.
566     (b)  Funding required by this subsection may not be
567provided from the funds dedicated to the Florida Rail Enterprise
568under s. 201.15(1)(c)1.d.
569     (5)(4)  The current funding obligations under subsections
570(1), and (3), and (4) shall cease upon commencement of the
571collection of funding from the funding source under subsection
572(2). If the funding under subsection (2) is discontinued for any
573reason, the funding obligations under subsections (1) and (3)
574shall resume when collection from the funding source under
575subsection (2) ceases. Payment by the counties shall be on a pro
576rata basis the first year following cessation of the funding
577under subsection (2). The authority shall refund a pro rata
578share of the payments for the current fiscal year made pursuant
579to the current funding obligations under subsections (1) and (3)
580as soon as reasonably practicable after it begins to receive
581funds under subsection (2). If, by December 31, 2015, the South
582Florida Regional Transportation Authority has not received
583federal matching funds based upon the dedication of funds under
584subsection (1), subsection (1) shall be repealed.
585     Section 5.  Section 341.301, Florida Statutes, is amended
586to read:
587     341.301  Definitions; ss. 341.302-341.303 ss. 341.302 and
588341.303.-As used in ss. 341.302-341.303 ss. 341.302 and 341.303,
589the term:
590     (1)  "Ancillary development" includes any lessee or
591licensee of the department, including other governmental
592entities, vendors, retailers, restaurateurs, or contract service
593providers, within a department-owned rail corridor, except for
594providers of commuter rail service, intercity rail passenger
595service, or freight rail service. The term includes air and
596subsurface rights, services that provide a local area network
597for devices for transmitting data over wireless networks, and
598advertising.
599     (2)(1)  "Branch line continuance project" means a project
600that involves branch line rehabilitation, new connecting track,
601rail banking, and other similar types of projects, including
602those specifically identified in the federal Railroad
603Revitalization and Regulatory Reform Act of 1976, and subsequent
604amendments to that act.
605     (3)  "Commuter rail passenger" or "passengers" means all
606persons, ticketed or unticketed, using the commuter rail service
607on a department-owned rail corridor:
608     (a)  On board trains, locomotives, rail cars, or rail
609equipment employed in commuter rail service or entraining
610thereon and detraining therefrom;
611     (b)  On or about the rail corridor for any purpose related
612to the commuter rail service, including parking, inquiring about
613commuter rail service, or purchasing tickets therefor, and
614coming to, waiting for, leaving from, or observing trains,
615locomotives, rail cars, or rail equipment; or
616     (c)  Meeting, assisting, or in the company of any person
617described in paragraph (a) or paragraph (b).
618     (4)  "Commuter rail service" means the transportation of
619commuter rail passengers and other passengers by rail pursuant
620to a rail program provided by the department or any other
621governmental entity.
622     (5)  "Governmental entity" or "entities" has the same
623meaning as provided in s. 11.45, including a "public agency" as
624defined in s. 163.01.
625     (6)(2)  "Intercity rail transportation system" means the
626network of railroad facilities used or available for interstate
627and intrastate passenger and freight operations by railroads,
628whether or not on a schedule or whether or not restricted.
629     (7)  "Limited covered accident" means a collision directly
630between the trains, locomotives, rail cars, or rail equipment of
631the department and the freight rail operator only, where the
632collision is caused by or arising from the willful misconduct of
633the freight rail operator or its subsidiaries, agents,
634licensees, employees, officers, or directors or where punitive
635damages or exemplary damages are awarded due to the conduct of
636the freight rail operator or its subsidiaries, agents,
637licensees, employees, officers, or directors.
638     (8)  "Rail corridor" means a linear contiguous strip of
639real property that is used for rail service. The term includes
640the corridor and structures essential to railroad operations,
641including the land, structures, improvements, rights-of-way,
642easements, rail lines, rail beds, guideway structures, switches,
643yards, parking facilities, power relays, switching houses, rail
644stations, any ancillary development, and any other facilities or
645equipment used for the purposes of construction, operation, or
646maintenance of a railroad that provides rail service.
647     (9)  "Rail corridor invitee" means all persons who are on
648or about a department-owned rail corridor:
649     (a)  For any purpose related to any ancillary development
650thereon; or
651     (b)  Meeting, assisting, or in the company of any person
652described in paragraph (a).
653     (10)(3)  "Rail programs" means those programs administered
654by the state or other governmental entities which involve
655projects affecting the movement of people or goods by rail lines
656that have been or will be constructed to serve freight or
657passenger markets within a city or between cities.
658     (11)(4)  "Rail service development project" means a project
659undertaken by a public agency to determine whether a new or
660innovative technique or measure can be utilized to improve or
661expand rail service. The duration of the project funding shall
662be limited according to the type of project and in no case shall
663exceed 3 years. Rail service development projects include those
664projects and other actions undertaken to enhance railroad
665operating efficiency or increased rail service, including
666measures that result in improved speed profiles, operations, or
667technological applications that lead to reductions in operating
668costs and increases in productivity or service.
669     (12)(5)  "Railroad" or "rail system" means any common
670carrier fixed-guideway transportation system such as the
671conventional steel rail-supported, steel-wheeled system as well
672as the high-speed rail system defined in s. 341.8203. The term
673does not include a high-speed rail line developed by the
674Department of Transportation pursuant to ss. 341.8201-341.842.
675     (13)(6)  "Railroad capital improvement project" means a
676project identified by the rail component of the Florida
677Transportation Plan, which project involves the leasing,
678acquisition, design, construction, reconstruction, or
679improvement to the existing intercity rail transportation system
680or future segments thereof, including such items as locomotives
681and other rolling stock, tracks, terminals, and rights-of-way
682for the continuance or expansion of rail service as necessary to
683ensure the continued effectiveness of the state's rail
684facilities and systems in meeting mobility and industrial
685development needs.
686     (14)  "Railroad operations" means the use of the rail
687corridor to conduct commuter rail service, intercity rail
688passenger service, or freight rail service.
689     (15)(7)  "Train" means any locomotive engine that is
690powered by diesel fuel, electricity, or other means, with or
691without cars coupled thereto, and operated upon a railroad track
692or any other form of fixed guideway, except that the term does
693not include a light rail vehicle such as a streetcar or people
694mover.
695     Section 6.  Section 341.302, Florida Statutes, is amended
696to read:
697     341.302  Rail program;, duties and responsibilities of the
698department.-The department, in conjunction with other
699governmental entities, including the rail enterprise units and
700the private sector, shall develop and implement a rail program
701of statewide application designed to ensure the proper
702maintenance, safety, revitalization, and expansion of the rail
703system to assure its continued and increased availability to
704respond to statewide mobility needs. Within the resources
705provided pursuant to chapter 216, and as authorized under
706federal law Title 49 C.F.R. part 212, the department shall:
707     (1)  Provide the overall leadership, coordination, and
708financial and technical assistance necessary to assure the
709effective responses of the state's rail system to current and
710anticipated mobility needs.
711     (2)  Promote and facilitate the implementation of advanced
712rail systems, including high-speed rail and magnetic levitation
713systems.
714     (3)  Develop and periodically update the rail system plan,
715on the basis of an analysis of statewide transportation needs.
716     (a)  The plan may contain detailed regional components,
717consistent with regional transportation plans, as needed to
718ensure connectivity within the state's regions, and it shall be
719consistent with the Florida Transportation Plan developed
720pursuant to s. 339.155. The rail system plan shall include an
721identification of priorities, programs, and funding levels
722required to meet statewide and regional needs. The rail system
723plan shall be developed in a manner that will assure the maximum
724use of existing facilities and the optimum integration and
725coordination of the various modes of transportation, public and
726private, in the most cost-effective manner possible. The rail
727system plan shall be updated no later than January 1, 2011, and
728at least every 5 2 years thereafter, and include plans for both
729passenger rail service and freight rail service, accompanied by
730a report to the Legislature regarding the status of the plan.
731     (b)  In recognition of the department's role in the
732enhancement of the state's rail system to improve freight and
733passenger mobility, the department shall:
734     1.  Work closely with all affected communities along an
735impacted freight rail corridor to identify and address
736anticipated impacts associated with an increase in freight rail
737traffic due to implementation of passenger rail.
738     2.  In coordination with the affected local governments and
739CSX Transportation, Inc., finalize all viable alternatives from
740the department's Rail Traffic Evaluation Study to identify and
741develop an alternative route for through freight rail traffic
742moving through Central Florida, including the counties of Polk
743and Hillsborough, which would address, to the extent
744practicable, the effects of commuter rail.
745     3.  Provide technical assistance to a coalition of local
746governments in Central Florida, including the counties of
747Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
748Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
749Sumter, and Volusia, and the municipalities within those
750counties, to develop a regional rail system plan that addresses
751passenger and freight opportunities in the region, is consistent
752with the Florida Rail System Plan, and incorporates appropriate
753elements of the Tampa Bay Area Regional Authority Master Plan,
754the Metroplan Orlando Regional Transit System Concept Plan,
755including the SunRail project, and the Florida Department of
756Transportation Alternate Rail Traffic Evaluation.
757     (4)  As part of the work program of the department,
758formulate a specific program of projects and financing to
759respond to identified railroad needs.
760     (5)  Provide technical and financial assistance to units of
761local government to address identified rail transportation
762needs.
763     (6)  Secure and administer federal grants, loans, and
764apportionments for rail projects within this state when
765necessary to further the statewide program.
766     (7)  Develop and administer state standards concerning the
767safety and performance of rail systems, hazardous material
768handling, and operations. Such standards shall be developed
769jointly with representatives of affected rail systems, with full
770consideration given to nationwide industry norms, and shall
771define the minimum acceptable standards for safety and
772performance.
773     (8)  Conduct, at a minimum, inspections of track and
774rolling stock; train signals and related equipment; hazardous
775materials transportation, including the loading, unloading, and
776labeling of hazardous materials at shippers', receivers', and
777transfer points; and train operating practices to determine
778adherence to state and federal standards. Department personnel
779may enforce any safety regulation issued under the Federal
780Government's preemptive authority over interstate commerce.
781     (9)  Assess penalties, in accordance with the applicable
782federal regulations, for the failure to adhere to the state
783standards.
784     (10)  Administer rail operating and construction programs,
785which programs shall include the regulation of maximum train
786operating speeds, the opening and closing of public grade
787crossings, the construction and rehabilitation of public grade
788crossings, and the installation of traffic control devices at
789public grade crossings, the administering of the programs by the
790department including participation in the cost of the programs.
791     (11)  Coordinate and facilitate the relocation of railroads
792from congested urban areas to nonurban areas when relocation has
793been determined feasible and desirable from the standpoint of
794safety, operational efficiency, and economics.
795     (12)  Implement a program of branch line continuance
796projects when an analysis of the industrial and economic
797potential of the line indicates that public involvement is
798required to preserve essential rail service and facilities.
799     (13)  Provide new rail service and equipment when:
800     (a)  Pursuant to the transportation planning process, a
801public need has been determined to exist;
802     (b)  The cost of providing such service does not exceed the
803sum of revenues from fares charged to users, services purchased
804by other public agencies, local fund participation, and specific
805legislative appropriation for this purpose; and
806     (c)  Service cannot be reasonably provided by other
807governmental or privately owned rail systems.
808
809The department may own, lease, and otherwise encumber
810facilities, equipment, and appurtenances thereto, as necessary
811to provide new rail services; or the department may provide such
812service by contracts with privately owned service providers.
813     (14)  Furnish required emergency rail transportation
814service if no other private or public rail transportation
815operation is available to supply the required service and such
816service is clearly in the best interest of the people in the
817communities being served. Such emergency service may be
818furnished through contractual arrangement, actual operation of
819state-owned equipment and facilities, or any other means
820determined appropriate by the secretary.
821     (15)  Assist in the development and implementation of
822marketing programs for rail services and of information systems
823directed toward assisting rail systems users.
824     (16)  Conduct research into innovative or potentially
825effective rail technologies and methods and maintain expertise
826in state-of-the-art rail developments.
827     (17)  In conjunction with the acquisition, ownership,
828construction, operation, maintenance, and management of a rail
829corridor, have the authority to:
830     (a)  Assume the obligation by contract to forever protect,
831defend, indemnify, and hold harmless the freight rail operator,
832or its successors, from whom the department has acquired a real
833property interest in the rail corridor, and that freight rail
834operator's officers, agents, and employees, from and against any
835liability, cost, and expense, including, but not limited to,
836commuter rail passengers and rail corridor invitees in the rail
837corridor, regardless of whether the loss, damage, destruction,
838injury, or death giving rise to any such liability, cost, or
839expense is caused in whole or in part, and to whatever nature or
840degree, by the fault, failure, negligence, misconduct,
841nonfeasance, or misfeasance of such freight rail operator, its
842successors, or its officers, agents, and employees, or any other
843person or persons whomsoever, provided that such assumption of
844liability of the department by contract shall not in any
845instance exceed the following parameters of allocation of risk:
846     1.  The department may be solely responsible for any loss,
847injury, or damage to commuter rail passengers, or rail corridor
848invitees, or trespassers, regardless of circumstances or cause,
849subject to subparagraphs 2., 3., 4., 5., and 6.
850     2.  In the event of a limited covered accident, the
851authority of the department to protect, defend and indemnify the
852freight operator for all liability, cost and expense, including
853punitive or exemplary damages, in excess of the deductible or
854self-insurance retention fund established under paragraph (b)
855and actually in force at the time of the limited covered
856accident exists only if the freight operator agrees, with
857respect to the limited covered accident, to protect, defend, and
858indemnify the department for the amount of the deductible or
859self-insurance retention fund established under paragraph (b)
860and actually in force at the time of the limited covered
861accident.
862     3.  When only one train is involved in an incident, the
863department may be solely responsible for any loss, injury, or
864damage if the train is a department train or other train
865pursuant to subparagraph 4., but only if when an incident occurs
866with only a freight train involved, including incidents with
867trespassers or at grade crossings, the freight rail operator is
868solely responsible for any loss, injury, or damage, except for
869commuter rail passengers and rail corridor invitees.
870     4.  For the purposes of this subsection, any train involved
871in an incident that is neither the department's train nor the
872freight rail operator's train, hereinafter referred to in this
873subsection as an "other train," may be treated as a department
874train, solely for purposes of any allocation of liability
875between the department and the freight rail operator only, but
876only if the department and the freight rail operator share
877responsibility equally as to third parties outside the rail
878corridor who incur loss, injury, or damage as a result of any
879incident involving both a department train and a freight rail
880operator train, and the allocation as between the department and
881the freight rail operator, regardless of whether the other train
882is treated as a department train, shall remain one-half each as
883to third parties outside the rail corridor who incur loss,
884injury, or damage as a result of the incident. The involvement
885of any other train shall not alter the sharing of equal
886responsibility as to third parties outside the rail corridor who
887incur loss, injury, or damage as a result of the incident.
888     5.  When more than one train is involved in an incident:
889     a.  If only a department train and freight rail operator's
890train, or only an other train as described in subparagraph 4.
891and a freight rail operator's train, are involved in an
892incident, the department may be responsible for its property and
893all of its people, all commuter rail passengers, rail corridor
894invitees, but only if the freight rail operator is responsible
895for its property and all of its people, and the department and
896the freight rail operator each share one-half responsibility as
897to trespassers or third parties outside the rail corridor who
898incur loss, injury, or damage as a result of the incident.
899     b.  If a department train, a freight rail operator train,
900and any other train are involved in an incident, the allocation
901of liability between the department and the freight rail
902operator, regardless of whether the other train is treated as a
903department train, shall remain one-half each as to third parties
904outside the rail corridor who incur loss, injury, or damage as a
905result of the incident; the involvement of any other train shall
906not alter the sharing of equal responsibility as to third
907parties outside the rail corridor who incur loss, injury, or
908damage as a result of the incident; and, if the owner, operator,
909or insurer of the other train makes any payment to injured third
910parties outside the rail corridor who incur loss, injury, or
911damage as a result of the incident, the allocation of credit
912between the department and the freight rail operator as to such
913payment shall not in any case reduce the freight rail operator's
914third-party-sharing allocation of one-half under this paragraph
915to less than one-third of the total third party liability.
916     6.  Any such contractual duty to protect, defend,
917indemnify, and hold harmless such a freight rail operator shall
918expressly include a specific cap on the amount of the
919contractual duty, which amount shall not exceed $200 million
920without prior legislative approval, and the department to
921purchase liability insurance and establish a self-insurance
922retention fund in the amount of the specific cap established
923under this subparagraph, provided that:
924     a.  No such contractual duty shall in any case be effective
925nor otherwise extend the department's liability in scope and
926effect beyond the contractual liability insurance and self-
927insurance retention fund required pursuant to this paragraph;
928and
929     b.  The freight rail operator's compensation to the
930department for future use of the department's rail corridor
931shall include a monetary contribution to the cost of such
932liability coverage for the sole benefit of the freight rail
933operator.
934     (b)  Purchase liability insurance, which amount shall not
935exceed $200 million, and establish a self-insurance retention
936fund for the purpose of paying the deductible limit established
937in the insurance policies it may obtain, including coverage for
938the department, any freight rail operator as described in
939paragraph (a), commuter rail service providers, governmental
940entities, or any ancillary development, which self-insurance
941retention fund or deductible shall not exceed $10 million. The
942insureds shall pay a reasonable monetary contribution to the
943cost of such liability coverage for the sole benefit of the
944insured. Such insurance and self-insurance retention fund may
945provide coverage for all damages, including, but not limited to,
946compensatory, special, and exemplary, and be maintained to
947provide an adequate fund to cover claims and liabilities for
948loss, injury, or damage arising out of or connected with the
949ownership, operation, maintenance, and management of a rail
950corridor.
951     (c)  Incur expenses for the purchase of advertisements,
952marketing, and promotional items.
953
954Neither the assumption by contract to protect, defend,
955indemnify, and hold harmless; the purchase of insurance; nor the
956establishment of a self-insurance retention fund shall be deemed
957to be a waiver of any defense of sovereign immunity for torts
958nor deemed to increase the limits of the department's or the
959governmental entity's liability for torts as provided in s.
960768.28. The requirements of s. 287.022(1) shall not apply to the
961purchase of any insurance under this subsection. The provisions
962of this subsection shall apply and inure fully as to any other
963governmental entity providing commuter rail service and
964constructing, operating, maintaining, or managing a rail
965corridor on publicly owned right-of-way under contract by the
966governmental entity with the department or a governmental entity
967designated by the department. Notwithstanding any law to the
968contrary, procurement for the construction, operation,
969maintenance, and management of any rail corridor described in
970this subsection, whether by the department, a governmental
971entity under contract with the department, or a governmental
972entity designated by the department, shall be pursuant to s.
973287.057 and shall include, but not be limited to, criteria for
974the consideration of qualifications, technical aspects of the
975proposal, and price. Further, any such contract for design-build
976shall be procured pursuant to the criteria in s. 337.11(7).
977     (18)(17)  Exercise such other functions, powers, and duties
978in connection with the rail system plan as are necessary to
979develop a safe, efficient, and effective statewide
980transportation system.
981     Section 7.  The Department of Transportation may complete
982an escrowed closing on the pending Central Florida Rail Corridor
983acquisition; however, the drawdown of such escrowed closing
984shall not occur unless and until final Federal Transit
985Administration full-funding grant agreement approval is obtained
986for the proposed Central Florida Commuter Rail Transit Project
987Initial Operating Segment.
988     Section 8.  Effective July 1, 2010, subsection (4) of
989section 341.303, Florida Statutes, is amended, and subsections
990(5) and (6) are added to that section, to read:
991     341.303  Funding authorization and appropriations;
992eligibility and participation.-
993     (4)  FUND PARTICIPATION; OPERATING COSTS SERVICE
994DEVELOPMENT.-
995     (a)  The department is authorized to fund up to 100 50
996percent of the net operating costs of any eligible intercity or
997commuter rail system for up to 7 years, beginning from the open-
998to-service date service development project that is local in
999scope, not to exceed the local match.
1000     (b)  The department is authorized to fund up to 100 percent
1001of the net operating costs of any eligible intercity or commuter
1002rail service development project that is statewide in scope or
1003involves more than one county if no other governmental unit of
1004appropriate jurisdiction exists. For commuter rail service,
1005after the 5th year of operation, the department's participation
1006is limited to a maximum of 50 percent of the net operating costs
1007of the service.
1008     (c)  Each such local or statewide service development
1009project shall be identified in the appropriation request of the
1010department in a manner that defines project objectives, the
1011assigned operational and financial responsibilities, the
1012timeframe required to develop the service, and the criteria by
1013which the success of the project can be judged.
1014     (d)  Any service development project funded under this
1015section shall continue to be eligible for such funds only if the
1016project reaches a systemwide operating ratio of 25 percent or
1017more during the 5th year.
1018     (b)(e)  The term "net operating costs" means all operating
1019costs of the project less any federal funds, fares, or other
1020sources of income to the project.
1021     (5)  FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.-
1022     (a)  The department, through the Florida Rail Enterprise,
1023is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1024fund up to 50 percent of the nonfederal share of the costs of
1025any eligible passenger rail capital improvement project.
1026     (b)  The department, through the Florida Rail Enterprise,
1027is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1028fund up to 100 percent of planning and development costs related
1029to the provision of a passenger rail system, including, but not
1030limited to, preliminary engineering, revenue studies,
1031environmental impact studies, financial advisory services,
1032engineering design, and other appropriate professional services.
1033     (c)  The department, through the Florida Rail Enterprise,
1034is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1035fund the high-speed rail system.
1036     (d)  The department, through the Florida Rail Enterprise,
1037is authorized to use funds provided under s. 201.15(1)(c)1.d. to
1038fund projects necessary to identify or address anticipated
1039impacts of increased freight rail traffic resulting from the
1040implementation of passenger rail systems as provided in s.
1041341.302(3)(b).
1042     (6)  FLORIDA RAIL ENTERPRISE; BUDGET.-
1043     (a)  The Florida Rail Enterprise shall be a single budget
1044entity and shall develop a budget pursuant to chapter 216. The
1045enterprise's budget shall be submitted to the Legislature along
1046with the department's budget. All passenger rail funding by the
1047department shall be included in this budget entity.
1048     (b)  Notwithstanding the provisions of s. 216.301 to the
1049contrary and in accordance with s. 216.351, the Executive Office
1050of the Governor shall, on July 1 of each year, certify forward
1051all unexpended funds appropriated or provided pursuant to this
1052section for the enterprise. Of the unexpended funds certified
1053forward, any unencumbered amounts shall be carried forward. Such
1054funds carried forward shall not exceed 5 percent of the original
1055approved operating budget of the enterprise pursuant to s.
1056216.181(1). Funds carried forward pursuant to this section may
1057be used for any lawful purpose, including, but not limited to,
1058promotional and market activities, technology, and training. Any
1059certified-forward funds remaining undisbursed on September 30 of
1060each year shall be carried forward.
1061     Section 9.  Section 341.8201, Florida Statutes, is amended
1062to read:
1063     341.8201  Short title.-Sections 341.8201-341.842 may be
1064cited as the "Florida High-Speed Rail Enterprise Authority Act."
1065     Section 10.  Section 341.8202, Florida Statutes, is
1066repealed.
1067     Section 11.  Section 341.8203, Florida Statutes, is amended
1068to read:
1069     341.8203  Definitions.-As used in ss. 341.8201-341.842 this
1070act, unless the context clearly indicates otherwise, the term:
1071     (1)  "Associated development" means property, equipment,
1072buildings, or other related ancillary facilities which are
1073built, installed, used, or established to provide financing,
1074funding, or revenues for the planning, building, managing, and
1075operation of a high-speed rail system and which are associated
1076with or part of the rail stations. The term includes air and
1077subsurface rights, services that provide local area network
1078devices for transmitting data over wireless networks, property,
1079including air rights, necessary for joint development, such as
1080parking facilities, retail establishments, restaurants, hotels,
1081offices, advertising, or other commercial, civic, residential,
1082or support facilities, and may also include property necessary
1083to protect or preserve the rail station area by reducing urban
1084blight or traffic congestion or property necessary to accomplish
1085any of the purposes set forth in this subsection which are
1086reasonably anticipated or necessary.
1087     (2)  "Enterprise" means the Florida Rail Enterprise.
1088"Authority" means the Florida High-Speed Rail Authority and its
1089agents. However, for purposes of s. 341.840, the term does not
1090include any agent of the authority except as provided in that
1091section.
1092     (3)  "Central Florida" means the counties of Lake,
1093Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,
1094Hernando, Pasco, Hillsborough, Pinellas, and Polk.
1095     (4)  "DBOM contract" means the document and all concomitant
1096rights approved by the authority providing the selected person
1097or entity the exclusive right to design, build, operate, and
1098maintain a high-speed rail system.
1099     (5)  "DBOM & F contract" means the document and all
1100concomitant rights approved by the authority providing the
1101selected person or entity the exclusive right to design, build,
1102operate, maintain, and finance a high-speed rail system.
1103     (3)(6)  "High-speed rail system" means any high-speed fixed
1104guideway system for transporting people or goods, which system
1105is, by definition of the United States Department of
1106Transportation, reasonably expected to reach speeds of at least
1107110 capable of operating at speeds in excess of 120 miles per
1108hour, including, but not limited to, a monorail system, dual
1109track rail system, suspended rail system, magnetic levitation
1110system, pneumatic repulsion system, or other system approved by
1111the enterprise authority. The term includes a corridor,
1112associated intermodal connectors, and structures essential to
1113the operation of the line, including the land, structures,
1114improvements, rights-of-way, easements, rail lines, rail beds,
1115guideway structures, switches, yards, parking facilities, power
1116relays, switching houses, and rail stations and also includes
1117facilities or equipment used exclusively for the purposes of
1118design, construction, operation, maintenance, or the financing
1119of the high-speed rail system.
1120     (4)(7)  "Joint development" means the planning, managing,
1121financing, or constructing of projects adjacent to, functionally
1122related to, or otherwise related to a high-speed rail system
1123pursuant to agreements between any person, firm, corporation,
1124association, organization, agency, or other entity, public or
1125private.
1126     (8)  "Northeast Florida" means the counties of Nassau,
1127Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.
1128     (9)  "Northwest Florida" means the counties of Escambia,
1129Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson,
1130Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon, Jefferson,
1131Madison, Wakulla, Taylor, Hamilton, Suwannee, Columbia, Baker,
1132Union, Lafayette, Gilchrist, Dixie, Bradford, and Levy.
1133     (5)(10)  "Rail station," "station," or "high-speed rail
1134station" means any structure or transportation facility that is
1135part of a high-speed rail system designed to accommodate the
1136movement of passengers from one mode of transportation to
1137another at which passengers board or disembark from
1138transportation conveyances and transfer from one mode of
1139transportation to another.
1140     (6)(11)  "Selected person or entity" means the person or
1141entity to whom the enterprise authority awards a contract under
1142s. 341.834 to establish a high-speed rail system pursuant to ss.
1143341.8201-341.842 this act.
1144     (12)  "Southeast Florida" means the counties of Broward,
1145Monroe, Miami-Dade, Indian River, St. Lucie, Martin, Okeechobee,
1146and Palm Beach.
1147     (13)  "Southwest Florida" means the counties of Manatee,
1148Hardee, DeSoto, Sarasota, Highlands, Charlotte, Glades, Lee,
1149Hendry, and Collier.
1150     (14)  "Urban areas" means Central Florida, Northeast
1151Florida, Northwest Florida, Southeast Florida, and Southwest
1152Florida.
1153     Section 12.  Section 341.821, Florida Statutes, is
1154repealed.
1155     Section 13.  Section 341.822, Florida Statutes, is amended
1156to read:
1157     341.822  Powers and duties.-
1158     (1)  The enterprise authority created and established by
1159this act shall locate, plan, design, finance, construct,
1160maintain, own, operate, administer, and manage the high-speed
1161rail system in the state.
1162     (2)(a)  In addition to the powers granted to the
1163department, the enterprise has full authority to exercise all
1164powers granted to it under this chapter. Powers shall include,
1165but are not limited to, the ability to plan, construct,
1166maintain, repair, and operate a high-speed rail system, to
1167acquire corridors, and to coordinate the development and
1168operation of publicly funded passenger rail systems in the
1169state. The authority may exercise all powers granted to
1170corporations under the Florida Business Corporation Act, chapter
1171607, except the authority may only incur debt in accordance with
1172levels authorized by the Legislature.
1173     (b)  It is the express intention of ss. 341.8201-341.842
1174that the enterprise be authorized to plan, develop, own,
1175purchase, lease, or otherwise acquire, demolish, construct,
1176improve, relocate, equip, repair, maintain, operate, and manage
1177the high-speed rail system; to expend funds to publicize,
1178advertise, and promote the advantages of using the high-speed
1179rail system and its facilities; and to cooperate, coordinate,
1180partner, and contract with other entities, public and private,
1181to accomplish these purposes.
1182     (3)  The authority shall have perpetual succession as a
1183body politic and corporate.
1184     (3)(4)  The enterprise shall have the authority to employ
1185procurement methods available to the department under chapters
1186255, 287, 334, and 337, or otherwise in accordance with law. The
1187enterprise may also solicit proposals and, with legislative
1188approval as evidenced by approval of the project in the
1189department's work program, enter into agreements with private
1190entities, or consortia thereof, for the building, operation,
1191ownership, or financing of the high-speed rail system authority
1192is authorized to seek and obtain federal matching funds or any
1193other funds to fulfill the requirements of this act either
1194directly or through the Department of Transportation.
1195     (4)(5)  The authority may employ an executive director of
1196the enterprise shall appoint staff, who shall be exempt from
1197part II of chapter 110 as it may require and shall determine the
1198qualifications and fix the compensation. The authority may
1199delegate to one or more of its agents or employees such of its
1200power as it deems necessary to carry out the purposes of this
1201act, subject always to the supervision and control of the
1202authority.
1203     (5)  The powers conferred upon the enterprise under ss.
1204341.8201-341.842 shall be in addition and supplemental to the
1205existing powers of the department, and these powers shall not be
1206construed as repealing any provision of any other law, general
1207or local, but shall supersede such other laws that are
1208inconsistent with the exercise of the powers provided under ss.
1209341.8201-341.842 and provide a complete method for the exercise
1210of such powers granted.
1211     (6)  Any proposed rail enterprise project or improvement
1212shall be developed in accordance with the Florida Transportation
1213Plan and the work program under s. 339.135.
1214     Section 14.  Section 341.8225, Florida Statutes, is created
1215to read:
1216     341.8225  Department of Transportation sole governmental
1217entity to acquire, construct, or operate high-speed rail
1218projects; exception.-
1219     (1)  No governmental entity other than the department may
1220acquire, construct, maintain, or operate the high-speed rail
1221system except upon specific authorization of the Legislature.
1222     (2)  Local governmental entities, as defined in s.
1223334.03(14), may negotiate with the department for the design,
1224right-of-way acquisition, and construction of any component of
1225the high-speed rail system within areas of their respective
1226jurisdictions or within counties with which they have interlocal
1227agreements.
1228     Section 15.  Sections 341.823, 341.824, 341.827, 341.828,
1229341.829, 341.830, 341.831, 341.832, 341.833, 341.834, and
1230341.835, Florida Statutes, are repealed.
1231     Section 16.  Section 341.836, Florida Statutes, is amended
1232to read:
1233     341.836  Associated development.-
1234     (1)  The enterprise authority, alone or as part of a joint
1235development, may undertake development of associated
1236developments to be a source of revenue for the establishment,
1237construction, operation, or maintenance of the high-speed rail
1238system. Such associated developments must be associated with a
1239rail station and have pedestrian ingress to and egress from the
1240rail station; be consistent, to the extent feasible, with
1241applicable local government comprehensive plans and local land
1242development regulations; and otherwise be in compliance with ss.
1243341.8201-341.842 the provisions of this act.
1244     (2)  Sections 341.8201-341.842 do This act does not
1245prohibit the enterprise authority, the selected person or
1246entity, or a party to a joint venture with the enterprise
1247authority or its selected person or entity from obtaining
1248approval, pursuant to any other law, for any associated
1249development that is reasonably related to the high-speed rail
1250system.
1251     Section 17.  Section 341.837, Florida Statutes, is
1252repealed.
1253     Section 18.  Section 341.838, Florida Statutes, is amended
1254to read:
1255     341.838  Fares, rates, rents, fees, and charges.-
1256     (1)  The enterprise may establish authority is authorized
1257to fix, revise, charge, and collect fares, rates, rents, fees,
1258charges, and revenues for the use of and for the services
1259furnished, or to be furnished, by the system and to contract
1260with any person, partnership, association, corporation, or other
1261body, public or private, in respect thereof. Such fares, rates,
1262rents, fees, and charges shall be reviewed annually by the
1263enterprise authority and may be adjusted as set forth in the
1264contract setting such fares, rates, rents, fees, or charges. The
1265funds collected pursuant to this section hereunder shall, with
1266any other funds available, be used to pay the cost of all
1267administrative expenses of the authority, and the cost of
1268designing, building, operating, financing, and maintaining the
1269system and each and every portion thereof, to the extent that
1270the payment of such cost has not otherwise been adequately
1271provided for.
1272     (2)  Fares, rates, rents, fees, and charges established
1273fixed, revised, charged, and collected by the enterprise
1274pursuant to this section shall not be subject to supervision or
1275regulation by any other department, commission, board, body,
1276bureau, or agency of this state other than the enterprise
1277authority.
1278     Section 19.  Section 341.839, Florida Statutes, is amended
1279to read:
1280     341.839  Alternate means.-Sections 341.8201-341.842 The
1281foregoing sections of this act shall be deemed to provide an
1282additional and alternative method for accomplishing the purposes
1283authorized therein, and are shall be regarded as supplemental
1284and additional to powers conferred by other laws. Except as
1285otherwise expressly provided in ss. 341.8201-341.842 this act,
1286none of the powers granted to the enterprise authority under ss.
1287341.8201-341.842 are the provisions of this act shall be subject
1288to the supervision or require the approval or consent of any
1289municipality or political subdivision or any commission, board,
1290body, bureau, or official.
1291     Section 20.  Section 341.841, Florida Statutes, is
1292repealed.
1293     Section 21.  Paragraphs (j) and (m) of subsection (2) of
1294section 110.205, Florida Statutes, are amended to read:
1295     110.205  Career service; exemptions.-
1296     (2)  EXEMPT POSITIONS.-The exempt positions that are not
1297covered by this part include the following:
1298     (j)  The appointed secretaries and the State Surgeon
1299General, assistant secretaries, deputy secretaries, and deputy
1300assistant secretaries of all departments; the executive
1301directors, assistant executive directors, deputy executive
1302directors, and deputy assistant executive directors of all
1303departments; the directors of all divisions and those positions
1304determined by the department to have managerial responsibilities
1305comparable to such positions, which positions include, but are
1306not limited to, program directors, assistant program directors,
1307district administrators, deputy district administrators, the
1308Director of Central Operations Services of the Department of
1309Children and Family Services, the State Transportation
1310Development Administrator, State Public Transportation and Modal
1311Administrator, district secretaries, district directors of
1312transportation development, transportation operations,
1313transportation support, and the managers of the offices
1314specified in s. 20.23(4)(3)(b), of the Department of
1315Transportation. Unless otherwise fixed by law, the department
1316shall set the salary and benefits of these positions in
1317accordance with the rules of the Senior Management Service; and
1318the county health department directors and county health
1319department administrators of the Department of Health.
1320     (m)  All assistant division director, deputy division
1321director, and bureau chief positions in any department, and
1322those positions determined by the department to have managerial
1323responsibilities comparable to such positions, which positions
1324include, but are not limited to:
1325     1.  Positions in the Department of Health and the
1326Department of Children and Family Services that are assigned
1327primary duties of serving as the superintendent or assistant
1328superintendent of an institution.
1329     2.  Positions in the Department of Corrections that are
1330assigned primary duties of serving as the warden, assistant
1331warden, colonel, or major of an institution or that are assigned
1332primary duties of serving as the circuit administrator or deputy
1333circuit administrator.
1334     3.  Positions in the Department of Transportation that are
1335assigned primary duties of serving as regional toll managers and
1336managers of offices, as defined in s. 20.23(4)(3)(b) and
1337(5)(4)(c), and captains and majors of the Office of Motor
1338Carrier Compliance.
1339     4.  Positions in the Department of Environmental Protection
1340that are assigned the duty of an Environmental Administrator or
1341program administrator.
1342     5.  Positions in the Department of Health that are assigned
1343the duties of Environmental Administrator, Assistant County
1344Health Department Director, and County Health Department
1345Financial Administrator.
1346
1347Unless otherwise fixed by law, the department shall set the
1348salary and benefits of the positions listed in this paragraph in
1349accordance with the rules established for the Selected Exempt
1350Service.
1351     Section 22.  Except as otherwise expressly provided in this
1352act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.