Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/HB 7019, 1st Eng.
                                Barcode 703592                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .            Floor: C            
             05/01/2013 03:05 PM       .      05/02/2013 05:40 PM       

       Senator Altman moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 165 - 342
    4  and insert:
    5         Section 4. Section 341.8203, Florida Statutes, is amended
    6  to read:
    7         341.8203 Definitions.—As used in ss. 341.8201-341.842,
    8  unless the context clearly indicates otherwise, the term:
    9         (1) “Associated development” means property, equipment,
   10  buildings, or other related facilities which are built,
   11  installed, used, or established to provide financing, funding,
   12  or revenues for the planning, building, managing, and operation
   13  of a high-speed rail system and which are associated with or
   14  part of the rail stations. The term includes air and subsurface
   15  rights, services that provide local area network devices for
   16  transmitting data over wireless networks, parking facilities,
   17  retail establishments, restaurants, hotels, offices,
   18  advertising, or other commercial, civic, residential, or support
   19  facilities.
   20         (2)“Communication facilities” means the communication
   21  systems related to high-speed passenger rail operations,
   22  including those which are built, installed, used, or established
   23  for the planning, building, managing, and operating of a high
   24  speed rail system. The term includes the land; structures;
   25  improvements; rights-of-way; easements; positive train control
   26  systems; wireless communication towers and facilities that are
   27  designed to provide voice and data services for the safe and
   28  efficient operation of the high-speed rail system; voice, data,
   29  and wireless communication amenities made available to crew and
   30  passengers as part of a high-speed rail service; and any other
   31  facilities or equipment used for operation of, or the
   32  facilitation of communications for, a high-speed rail system.
   33  Owners of communication facilities may not offer voice or data
   34  service to any entity other than passengers, crew, or other
   35  persons involved in the operation of a high-speed rail system.
   36         (3)(2) “Enterprise” means the Florida Rail Enterprise.
   37         (4)(3) “High-speed rail system” means any high-speed fixed
   38  guideway system for transporting people or goods, which system
   39  is, by definition of the United States Department of
   40  Transportation, reasonably expected to reach speeds of at least
   41  110 miles per hour, including, but not limited to, a monorail
   42  system, dual track rail system, suspended rail system, magnetic
   43  levitation system, pneumatic repulsion system, or other system
   44  approved by the enterprise. The term includes a corridor,
   45  associated intermodal connectors, and structures essential to
   46  the operation of the line, including the land, structures,
   47  improvements, rights-of-way, easements, rail lines, rail beds,
   48  guideway structures, switches, yards, parking facilities, power
   49  relays, switching houses, and rail stations and also includes
   50  facilities or equipment used exclusively for the purposes of
   51  design, construction, operation, maintenance, or the financing
   52  of the high-speed rail system.
   53         (5)(4) “Joint development” means the planning, managing,
   54  financing, or constructing of projects adjacent to, functionally
   55  related to, or otherwise related to a high-speed rail system
   56  pursuant to agreements between any person, firm, corporation,
   57  association, organization, agency, or other entity, public or
   58  private.
   59         (6)(5) “Rail station,” “station,” or “high-speed rail
   60  station” means any structure or transportation facility that is
   61  part of a high-speed rail system designed to accommodate the
   62  movement of passengers from one mode of transportation to
   63  another at which passengers board or disembark from
   64  transportation conveyances and transfer from one mode of
   65  transportation to another.
   66         (7)“Railroad company” means a person developing, or
   67  providing service on, a high-speed rail system.
   68         (8)(6) “Selected person or entity” means the person or
   69  entity to whom the enterprise awards a contract to establish a
   70  high-speed rail system pursuant to ss. 341.8201-341.842.
   71         Section 5. Paragraph (c) is added to subsection (2) of
   72  section 341.822, Florida Statutes, to read:
   73         341.822 Powers and duties.—
   74         (2)
   75         (c) The enterprise shall establish a process to issue
   76  permits to railroad companies for the construction of
   77  communication facilities within a new or existing public or
   78  private high-speed rail system. The enterprise may adopt rules
   79  to administer such permits, including rules regarding the form,
   80  content, and necessary supporting documentation for permit
   81  applications; the process for submitting applications; and the
   82  application fee for a permit under s. 341.825. The enterprise
   83  shall provide a copy of a completed permit application to
   84  municipalities and counties where the high-speed rail system
   85  will be located. The enterprise shall allow each such
   86  municipality and county 30 days to provide comments to the
   87  enterprise regarding the application, including any
   88  recommendations regarding conditions that may be placed on the
   89  permit.
   90         Section 6. Section 341.825, Florida Statutes, is created to
   91  read:
   92         341.825 Communication facilities.—
   93         (1) LEGISLATIVE INTENT.—The Legislature intends to:
   94         (a) Establish a streamlined process to authorize the
   95  location, construction, operation, and maintenance of
   96  communication facilities within new and existing high-speed rail
   97  systems.
   98         (b) Expedite the expansion of the high-speed rail system’s
   99  wireless voice and data coverage and capacity for the safe and
  100  efficient operation of the high-speed rail system and the
  101  safety, use, and efficiency of its crew and passengers as a
  102  critical communication facilities component.
  103         (2) APPLICATION SUBMISSION.—A railroad company may submit
  104  to the enterprise an application to obtain a permit to construct
  105  communication facilities within a new or existing high-speed
  106  rail system. The application shall include an application fee
  107  limited to the amount needed to pay the anticipated cost of
  108  reviewing the application, not to exceed $10,000, which shall be
  109  deposited into the State Transportation Trust Fund. The
  110  application must include the following information:
  111         (a) The location of the proposed communication facilities.
  112         (b) A description of the proposed communication facilities.
  113         (c) Any other information reasonably required by the
  114  enterprise.
  115         (3) APPLICATION REVIEW.—The enterprise shall review each
  116  application for completeness within 30 days after receipt of the
  117  application.
  118         (a) If the enterprise determines that an application is not
  119  complete, the enterprise shall, within 30 days after the receipt
  120  of the initial application, notify the applicant in writing of
  121  any errors or omissions. An applicant shall have 30 days within
  122  which to correct the errors or omissions in the initial
  123  application.
  124         (b) If the enterprise determines that an application is
  125  complete, the enterprise shall act upon the permit application
  126  within 60 days of the receipt of the completed application by
  127  approving in whole, approving with conditions as the enterprise
  128  deems appropriate, or denying the application, and stating the
  129  reason for issuance or denial. In determining whether an
  130  application should be approved, approved with modifications or
  131  conditions, or denied, the enterprise shall consider any
  132  comments or recommendations received from a municipality or
  133  county and the extent to which the proposed communication
  134  facilities:
  135         1. Are located in a manner that is appropriate for the
  136  communication technology specified by the applicant.
  137         2. Serve an existing or projected future need for
  138  communication facilities.
  139         3. Provide sufficient wireless voice and data coverage and
  140  capacity for the safe and efficient operation of the high-speed
  141  rail system and the safety, use, and efficiency of its crew and
  142  passengers.
  143         (c) The failure to adopt any recommendation or comment may
  144  not be a basis for challenging the issuance of a permit.
  145         (4) EFFECT OF PERMIT.—
  146         (a) A permit authorizes the permittee to locate, construct,
  147  operate, and maintain the communication facilities within a new
  148  or existing high-speed rail system, subject to the conditions
  149  set forth in the permit. Such activities are not subject to
  150  local government land use or zoning regulations.
  151         (b) A permit may include conditions that constitute
  152  variances and exemptions from rules of the enterprise or any
  153  other agency, which would otherwise be applicable to the
  154  communication facilities within the new or existing high-speed
  155  rail system.
  156         (c) Notwithstanding any other provisions of law, the permit
  157  shall be in lieu of any license, permit, certificate, or similar
  158  document required by any local agency.
  159         (d) Nothing in this section is intended to impose
  160  procedures or restrictions on railroad companies that are
  161  subject to the exclusive jurisdiction of the federal Surface
  162  Transportation Board pursuant to the Interstate Commerce
  163  Commission Termination Act of 1995, 49 U.S.C. ss. 10101, et seq.
  164         (5) MODIFICATION OF PERMIT.—A permit may be modified by the
  165  applicant after issuance upon the filing of a petition with the
  166  enterprise.
  167         (a) A petition for modification must set forth the proposed
  168  modification and the factual reasons asserted for the
  169  modification.
  170         (b) The enterprise shall act upon the petition within 30
  171  days by approving or denying the application, and stating the
  172  reason for issuance or denial.
  173         Section 7. Paragraph (b) of subsection (2) of section
  174  341.840, is amended to read:
  175         341.840 Tax exemption.—
  176         (2)
  177         (b) For the purposes of this section, any item or property
  178  that is within the definition of the term “associated
  179  development” in s. 341.8203(1) may not be considered part of the
  180  high-speed rail system as defined in s. 341.8203(4) s.
  181  341.8203(3).
  183  ================= T I T L E  A M E N D M E N T ================
  184         And the title is amended as follows:
  185         Delete line 21
  186  and insert:
  187         used in the Florida Rail Enterprise Act; prohibiting
  188         owners of communication facilities from offering
  189         certain services to persons unrelated to a high-speed
  190         rail system; amending s.