Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 229714                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/29/2013 06:47 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment to Amendment (740626) (with title
    2  amendment)
    4         Between lines 1474 and 1475
    5  insert:
    6         Section 47. Section 341.8203, Florida Statutes, is amended
    7  to read:
    8         341.8203 Definitions.—As used in ss. 341.8201-341.842,
    9  unless the context clearly indicates otherwise, the term:
   10         (1) “Associated development” means property, equipment,
   11  buildings, or other related facilities which are built,
   12  installed, used, or established to provide financing, funding,
   13  or revenues for the planning, building, managing, and operation
   14  of a high-speed rail system and which are associated with or
   15  part of the rail stations. The term includes air and subsurface
   16  rights, services that provide local area network devices for
   17  transmitting data over wireless networks, parking facilities,
   18  retail establishments, restaurants, hotels, offices,
   19  advertising, or other commercial, civic, residential, or support
   20  facilities.
   21         (2)“Communication facilities” means the communication
   22  systems related to high-speed passenger rail operations,
   23  including those which are built, installed, used, or established
   24  for the planning, building, managing, and operating of a high
   25  speed rail system. The term includes the land, structures,
   26  improvements, rights-of-way, easements, positive train control
   27  systems, wireless communication towers, and facilities that are
   28  designed to provide voice and data services for the safe and
   29  efficient operation of the high-speed rail system, voice, data,
   30  and wireless communication amenities made available to the high
   31  speed rail system and for the safety of the crew and passengers
   32  of the high-speed rail system as part of a high-speed rail
   33  service, and any other facilities or equipment used for
   34  operation of, or the facilitation of communications for, a high
   35  speed rail system. Communications facilities may not be offered
   36  to provide voice or data service to any entity other than
   37  passengers, crew, or other persons who are involved in the
   38  operation of a high-speed rail system.
   39         (3)(2) “Enterprise” means the Florida Rail Enterprise.
   40         (4)(3) “High-speed rail system” means any high-speed fixed
   41  guideway system for transporting people or goods, which system
   42  is, by definition of the United States Department of
   43  Transportation, reasonably expected to reach speeds of at least
   44  110 miles per hour, including, but not limited to, a monorail
   45  system, dual track rail system, suspended rail system, magnetic
   46  levitation system, pneumatic repulsion system, or other system
   47  approved by the enterprise. The term includes a corridor,
   48  associated intermodal connectors, and structures essential to
   49  the operation of the line, including the land, structures,
   50  improvements, rights-of-way, easements, rail lines, rail beds,
   51  guideway structures, switches, yards, parking facilities, power
   52  relays, switching houses, and rail stations and also includes
   53  facilities or equipment used exclusively for the purposes of
   54  design, construction, operation, maintenance, or the financing
   55  of the high-speed rail system.
   56         (5)(4) “Joint development” means the planning, managing,
   57  financing, or constructing of projects adjacent to, functionally
   58  related to, or otherwise related to a high-speed rail system
   59  pursuant to agreements between any person, firm, corporation,
   60  association, organization, agency, or other entity, public or
   61  private.
   62         (6)(5) “Rail station,” “station,” or “high-speed rail
   63  station” means any structure or transportation facility that is
   64  part of a high-speed rail system designed to accommodate the
   65  movement of passengers from one mode of transportation to
   66  another at which passengers board or disembark from
   67  transportation conveyances and transfer from one mode of
   68  transportation to another.
   69         (7)“Railroad company” means a person developing, or
   70  providing service on, a high-speed rail system.
   71         (8)(6) “Selected person or entity” means the person or
   72  entity to whom the enterprise awards a contract to establish a
   73  high-speed rail system pursuant to ss. 341.8201-341.842.
   74         Section 48. Paragraph (c) is added to subsection (2) of
   75  section 341.822, Florida Statutes, to read:
   76         341.822 Powers and duties.—
   77         (2)
   78         (c) The enterprise shall establish a process to issue
   79  permits to railroad companies for the construction of
   80  communication facilities within a new or existing public or
   81  private high-speed rail system. The enterprise may adopt rules
   82  to administer such permits, including rules regarding the form,
   83  content, and necessary supporting documentation for permit
   84  applications, the process for submitting applications, and the
   85  application fee for a permit under s. 341.825. The enterprise
   86  shall provide a copy of a completed permit application to each
   87  municipality and county where the high-speed rail system will be
   88  located. The enterprise shall allow each municipality and county
   89  30 days after receipt of the completed application to provide
   90  comments to the enterprise regarding the application, including
   91  any recommendations regarding conditions that may be placed on
   92  the permit.
   93         Section 49. Section 341.825, Florida Statutes, is created
   94  to read:
   95         341.825 Communication facilities.—
   96         (1) LEGISLATIVE INTENT.—The Legislature intends to:
   97         (a) Establish a streamlined process to authorize the
   98  location, construction, operation, and maintenance of
   99  communication facilities within new and existing high-speed rail
  100  systems.
  101         (b) Expedite the expansion of the high-speed rail system’s
  102  wireless voice and data coverage and capacity for the safe and
  103  efficient operation of the high-speed rail system and the
  104  safety, use, and efficiency of its crew and passengers as a
  105  critical communication facilities component.
  106         (2) APPLICATION SUBMISSION.—A railroad company may submit
  107  to the enterprise an application to obtain a permit to construct
  108  communication facilities within a new or existing high-speed
  109  rail system. The application must include an application fee
  110  limited to the amount needed to pay the anticipated cost of
  111  reviewing the application, not to exceed $10,000, which must be
  112  deposited into the State Transportation Trust Fund. The
  113  application must include the following information:
  114         (a) The location of the proposed communication facilities.
  115         (b) A description of the proposed communication facilities.
  116         (c) Any other information deemed reasonable and required by
  117  the enterprise.
  118         (3) APPLICATION REVIEW.—The enterprise shall review each
  119  application for completeness within 30 days after receipt of the
  120  application.
  121         (a) If the enterprise determines that an application is not
  122  complete, the enterprise shall, within 30 days after the receipt
  123  of the initial application, notify the applicant in writing of
  124  any errors or omissions. An applicant has 30 days to correct the
  125  errors or omissions in the initial application and provide that
  126  information to the enterprise.
  127         (b) If the enterprise determines that an application is
  128  complete, the enterprise must act upon the permit application
  129  within 60 days of the receipt of the completed application by
  130  approving in whole, approving with conditions as the enterprise
  131  deems appropriate, or denying the application, and stating the
  132  reason for issuance or denial. In determining whether an
  133  application should be approved, approved with modifications or
  134  conditions, or denied, the enterprise shall consider any
  135  comments or recommendations received from a municipality or
  136  county and the extent to which the proposed communication
  137  facilities:
  138         1. Are located in a manner that is appropriate for the
  139  communication technology specified by the applicant.
  140         2. Serve an existing or projected future need for
  141  communication facilities.
  142         3. Provide sufficient wireless voice and data coverage and
  143  capacity for the safe and efficient operation of the high-speed
  144  rail system and the safety, use, and efficiency of its crew and
  145  passengers.
  146         (c) The failure to adopt any recommendation or comment is
  147  not a basis for challenging the issuance of a permit.
  148         (4) EFFECT OF PERMIT.—Subject to the conditions set forth
  149  in this section, a permit issued by the enterprise shall
  150  constitute the sole permit of the state and any agency as to the
  151  approval of the location, construction, operation, and
  152  maintenance of the communication facilities within the new or
  153  existing high-speed rail system.
  154         (a) A permit authorizes the permittee to locate, construct,
  155  operate, and maintain the communication facilities within a new
  156  or existing high-speed rail system, subject only to the
  157  conditions set forth in the permit. Such activities are not
  158  subject to local government land use or zoning regulations.
  159         (b) A permit may include conditions that constitute
  160  variances and exemptions from rules of the enterprise or any
  161  other agency, which would otherwise be applicable to the
  162  communication facilities within the new or existing high-speed
  163  rail system.
  164         (c) Notwithstanding any other provisions of law, the permit
  165  is in lieu of any license, permit, certificate, or similar
  166  document required by any state, regional, or local agency.
  167         (d) This section is not intended to impose procedures or
  168  restrictions on a railroad company that is subject to the
  169  exclusive jurisdiction of the federal Surface Transportation
  170  Board pursuant to the Interstate Commerce Commission Termination
  171  Act of 1995, 49 U.S.C. ss. 10101 et seq.
  172         (5) MODIFICATION OF PERMIT.—After a permit is issued, an
  173  applicant may file a petition with the enterprise to modify the
  174  permit.
  175         (a) A petition for modification must set forth the proposed
  176  modification and the factual reasons asserted for the
  177  modification.
  178         (b) The enterprise shall act upon the petition within 30
  179  days after receipt by approving or denying the application, and
  180  stating the reason for issuance or denial.
  181         Section 50. Paragraph (b) of subsection (2) of section
  182  341.840, is amended to read:
  183         341.840 Tax exemption.—
  184         (2)
  185         (b) For the purposes of this section, any item or property
  186  that is within the definition of the term “associated
  187  development” in s. 341.8203(1) may not be considered part of the
  188  high-speed rail system as defined in s. 341.8203 s. 341.8203(3).
  190  ================= T I T L E  A M E N D M E N T ================
  191         And the title is amended as follows:
  192         Between lines 4556 and 4557
  193  insert:
  194         341.8203, F.S.; defining the terms “communication
  195         facilities” and “railroad company” as used in the
  196         Florida Rail Enterprise Act; amending s. 341.822,
  197         F.S.; requiring the rail enterprise to establish a
  198         process to issue permits for railroad companies to
  199         construct communication facilities within a high-speed
  200         rail system; providing rulemaking authority; providing
  201         for fees for issuing a permit; providing that copies
  202         of the permit application will be sent to
  203         municipalities and counties; requiring the rail
  204         enterprise to allow municipalities and counties to
  205         provide comments on the application; creating s.
  206         341.825, F.S.; providing for a permit authorizing the
  207         permittee to locate, construct, operate, and maintain
  208         communication facilities within a new or existing
  209         high-speed rail system; providing for application
  210         procedures and fees; providing for the effects of a
  211         permit; providing an exemption from local land use and
  212         zoning regulations; authorizing the enterprise to
  213         include, in a permit, variances and exemptions from
  214         rules of the enterprise or other agencies; providing
  215         that a permit is in lieu of licenses, permits,
  216         certificates, or similar documents; providing for a
  217         modification of a permit; amending s. 341.840, F.S.;
  218         conforming a cross-reference; amending s.