Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS/CS/HB 7127, 2nd Eng.
Senate . House
Floor: WD .
04/29/2013 06:47 PM .
Senator Brandes moved the following:
1 Senate Amendment to Amendment (740626) (with title
4 Between lines 1474 and 1475
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
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.
(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
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.—
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
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
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
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
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
175 (a) A petition for modification must set forth the proposed
176 modification and the factual reasons asserted for the
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.—
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
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.