Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 271334                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1m/AD/2R         .                                
             04/30/2013 03:52 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 crew and
   31  passengers as part of a high-speed rail service; and any other
   32  facilities or equipment used for operation of, or the
   33  facilitation of communications for, a high-speed rail system.
   34  Owners of communication facilities may not offer voice or data
   35  service to any entity other than passengers, crew, or other
   36  persons involved in the operation of a high-speed rail system.
   37         (3)(2) “Enterprise” means the Florida Rail Enterprise.
   38         (4)(3) “High-speed rail system” means any high-speed fixed
   39  guideway system for transporting people or goods, which system
   40  is, by definition of the United States Department of
   41  Transportation, reasonably expected to reach speeds of at least
   42  110 miles per hour, including, but not limited to, a monorail
   43  system, dual track rail system, suspended rail system, magnetic
   44  levitation system, pneumatic repulsion system, or other system
   45  approved by the enterprise. The term includes a corridor,
   46  associated intermodal connectors, and structures essential to
   47  the operation of the line, including the land, structures,
   48  improvements, rights-of-way, easements, rail lines, rail beds,
   49  guideway structures, switches, yards, parking facilities, power
   50  relays, switching houses, and rail stations and also includes
   51  facilities or equipment used exclusively for the purposes of
   52  design, construction, operation, maintenance, or the financing
   53  of the high-speed rail system.
   54         (5)(4) “Joint development” means the planning, managing,
   55  financing, or constructing of projects adjacent to, functionally
   56  related to, or otherwise related to a high-speed rail system
   57  pursuant to agreements between any person, firm, corporation,
   58  association, organization, agency, or other entity, public or
   59  private.
   60         (6)(5) “Rail station,” “station,” or “high-speed rail
   61  station” means any structure or transportation facility that is
   62  part of a high-speed rail system designed to accommodate the
   63  movement of passengers from one mode of transportation to
   64  another at which passengers board or disembark from
   65  transportation conveyances and transfer from one mode of
   66  transportation to another.
   67         (7)“Railroad company” means a person developing, or
   68  providing service on, a high-speed rail system.
   69         (8)(6) “Selected person or entity” means the person or
   70  entity to whom the enterprise awards a contract to establish a
   71  high-speed rail system pursuant to ss. 341.8201-341.842.
   72         Section 48. Paragraph (c) is added to subsection (2) of
   73  section 341.822, Florida Statutes, to read:
   74         341.822 Powers and duties.—
   75         (2)
   76         (c) The enterprise shall establish a process to issue
   77  permits to railroad companies for the construction of
   78  communication facilities within a new or existing public or
   79  private high-speed rail system. The enterprise may adopt rules
   80  to administer such permits, including rules regarding the form,
   81  content, and necessary supporting documentation for permit
   82  applications; the process for submitting applications; and the
   83  application fee for a permit under s. 341.825. The enterprise
   84  shall provide a copy of a completed permit application to
   85  municipalities and counties where the high-speed rail system
   86  will be located. The enterprise shall allow each such
   87  municipality and county 30 days to provide comments to the
   88  enterprise regarding the application, including any
   89  recommendations regarding conditions that may be placed on the
   90  permit.
   91         Section 49. Section 341.825, Florida Statutes, is created
   92  to read:
   93         341.825 Communication facilities.—
   94         (1) LEGISLATIVE INTENT.—The Legislature intends to:
   95         (a) Establish a streamlined process to authorize the
   96  location, construction, operation, and maintenance of
   97  communication facilities within new and existing high-speed rail
   98  systems.
   99         (b) Expedite the expansion of the high-speed rail system’s
  100  wireless voice and data coverage and capacity for the safe and
  101  efficient operation of the high-speed rail system and the
  102  safety, use, and efficiency of its crew and passengers as a
  103  critical communication facilities component.
  104         (2) APPLICATION SUBMISSION.—A railroad company may submit
  105  to the enterprise an application to obtain a permit to construct
  106  communication facilities within a new or existing high-speed
  107  rail system. The application shall include an application fee
  108  limited to the amount needed to pay the anticipated cost of
  109  reviewing the application, not to exceed $10,000, which shall be
  110  deposited into the State Transportation Trust Fund. The
  111  application must include the following information:
  112         (a) The location of the proposed communication facilities.
  113         (b) A description of the proposed communication facilities.
  114         (c) Any other information reasonably required by the
  115  enterprise.
  116         (3) APPLICATION REVIEW.—The enterprise shall review each
  117  application for completeness within 30 days after receipt of the
  118  application.
  119         (a) If the enterprise determines that an application is not
  120  complete, the enterprise shall, within 30 days after the receipt
  121  of the initial application, notify the applicant in writing of
  122  any errors or omissions. An applicant shall have 30 days within
  123  which to correct the errors or omissions in the initial
  124  application.
  125         (b) If the enterprise determines that an application is
  126  complete, the enterprise shall act upon the permit application
  127  within 60 days of the receipt of the completed application by
  128  approving in whole, approving with conditions as the enterprise
  129  deems appropriate, or denying the application, and stating the
  130  reason for issuance or denial. In determining whether an
  131  application should be approved, approved with modifications or
  132  conditions, or denied, the enterprise shall consider any
  133  comments or recommendations received from a municipality or
  134  county and the extent to which the proposed communication
  135  facilities:
  136         1. Are located in a manner that is appropriate for the
  137  communication technology specified by the applicant.
  138         2. Serve an existing or projected future need for
  139  communication facilities.
  140         3. Provide sufficient wireless voice and data coverage and
  141  capacity for the safe and efficient operation of the high-speed
  142  rail system and the safety, use, and efficiency of its crew and
  143  passengers.
  144         (c) The failure to adopt any recommendation or comment may
  145  not be a basis for challenging the issuance of a permit.
  146         (4) EFFECT OF PERMIT.—
  147         (a) A permit authorizes the permittee to locate, construct,
  148  operate, and maintain the communication facilities within a new
  149  or existing high-speed rail system, subject to the conditions
  150  set forth in the permit. Such activities are not subject to
  151  local government land use or zoning regulations.
  152         (b) A permit may include conditions that constitute
  153  variances and exemptions from rules of the enterprise or any
  154  other agency, which would otherwise be applicable to the
  155  communication facilities within the new or existing high-speed
  156  rail system.
  157         (c) Notwithstanding any other provisions of law, the permit
  158  shall be in lieu of any license, permit, certificate, or similar
  159  document required by any local agency.
  160         (d) Nothing in this section is intended to impose
  161  procedures or restrictions on railroad companies that are
  162  subject to the exclusive jurisdiction of the federal Surface
  163  Transportation Board pursuant to the Interstate Commerce
  164  Commission Termination Act of 1995, 49 U.S.C. ss. 10101, et seq.
  165         (5) MODIFICATION OF PERMIT.—A permit may be modified by the
  166  applicant after issuance upon the filing of a petition with the
  167  enterprise.
  168         (a) A petition for modification must set forth the proposed
  169  modification and the factual reasons asserted for the
  170  modification.
  171         (b) The enterprise shall act upon the petition within 30
  172  days by approving or denying the application, and stating the
  173  reason for issuance or denial.
  174         Section 50. Paragraph (b) of subsection (2) of section
  175  341.840, is amended to read:
  176         341.840 Tax exemption.—
  177         (2)
  178         (b) For the purposes of this section, any item or property
  179  that is within the definition of the term “associated
  180  development” in s. 341.8203(1) may not be considered part of the
  181  high-speed rail system as defined in s. 341.8203(4) s.
  182  341.8203(3).
  184  ================= T I T L E  A M E N D M E N T ================
  185         And the title is amended as follows:
  186         Delete line 4556
  187  and insert:
  188         of the intermodal development program; amending s.
  189         341.8203, F.S.; defining “communication facilities”
  190         and “railroad company” as used in the Florida Rail
  191         Enterprise Act; prohibiting owners of communication
  192         facilities from offering certain services to persons
  193         unrelated to a high-speed rail system; amending s.
  194         341.822, F.S.; requiring the rail enterprise to
  195         establish a process to issue permits for railroad
  196         companies to construct communication facilities within
  197         a high speed rail system; providing rulemaking
  198         authority; providing for fees for issuing a permit;
  199         creating s. 341.825, F.S.; providing for a permit
  200         authorizing the permittee to locate, construct,
  201         operate, and maintain communication facilities within
  202         a new or existing high speed rail system; providing
  203         for application procedures and fees; providing for the
  204         effects of a permit; providing an exemption from local
  205         land use and zoning regulations; authorizing the
  206         enterprise to permit variances and exemptions from
  207         rules of the enterprise or other agencies; providing
  208         that a permit is in lieu of licenses, permits,
  209         certificates, or similar documents required under
  210         specified laws; providing for a modification of a
  211         permit; amends s. 341.840, F.S.; conforming a cross
  212         reference; amending s.