Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 377602                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/30/2013 01:15 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         (3)(2) “Enterprise” means the Florida Rail Enterprise.
   35         (4)(3) “High-speed rail system” means any high-speed fixed
   36  guideway system for transporting people or goods, which system
   37  is, by definition of the United States Department of
   38  Transportation, reasonably expected to reach speeds of at least
   39  110 miles per hour, including, but not limited to, a monorail
   40  system, dual track rail system, suspended rail system, magnetic
   41  levitation system, pneumatic repulsion system, or other system
   42  approved by the enterprise. The term includes a corridor,
   43  associated intermodal connectors, and structures essential to
   44  the operation of the line, including the land, structures,
   45  improvements, rights-of-way, easements, rail lines, rail beds,
   46  guideway structures, switches, yards, parking facilities, power
   47  relays, switching houses, and rail stations and also includes
   48  facilities or equipment used exclusively for the purposes of
   49  design, construction, operation, maintenance, or the financing
   50  of the high-speed rail system.
   51         (5)(4) “Joint development” means the planning, managing,
   52  financing, or constructing of projects adjacent to, functionally
   53  related to, or otherwise related to a high-speed rail system
   54  pursuant to agreements between any person, firm, corporation,
   55  association, organization, agency, or other entity, public or
   56  private.
   57         (6)(5) “Rail station,” “station,” or “high-speed rail
   58  station” means any structure or transportation facility that is
   59  part of a high-speed rail system designed to accommodate the
   60  movement of passengers from one mode of transportation to
   61  another at which passengers board or disembark from
   62  transportation conveyances and transfer from one mode of
   63  transportation to another.
   64         (7) “Railroad company” means a person developing, or
   65  providing service on, a high-speed rail system.
   66         (8)(6) “Selected person or entity” means the person or
   67  entity to whom the enterprise awards a contract to establish a
   68  high-speed rail system pursuant to ss. 341.8201-341.842.
   69         Section 48. Paragraph (c) is added to subsection (2) of
   70  section 341.822, Florida Statutes, to read:
   71         341.822 Powers and duties.—
   72         (2)(a) In addition to the powers granted to the department,
   73  the enterprise has full authority to exercise all powers granted
   74  to it under this chapter. Powers shall include, but are not
   75  limited to, the ability to plan, construct, maintain, repair,
   76  and operate a high-speed rail system, to acquire corridors, and
   77  to coordinate the development and operation of publicly funded
   78  passenger rail systems in the state.
   79         (b) It is the express intention of ss. 341.8201-341.842
   80  that the enterprise be authorized to plan, develop, own,
   81  purchase, lease, or otherwise acquire, demolish, construct,
   82  improve, relocate, equip, repair, maintain, operate, and manage
   83  the high-speed rail system; to expend funds to publicize,
   84  advertise, and promote the advantages of using the high-speed
   85  rail system and its facilities; and to cooperate, coordinate,
   86  partner, and contract with other entities, public and private,
   87  to accomplish these purposes.
   88         (c) The enterprise shall establish a process to issue
   89  permits to railroad companies for the construction of
   90  communication facilities within a new or existing public or
   91  private high-speed rail system. The enterprise may adopt rules
   92  to administer such permits, including rules regarding the form,
   93  content, and necessary supporting documentation for permit
   94  applications, the process for submitting applications, and the
   95  application fee for a permit under s. 341.825. The enterprise
   96  shall provide a copy of a completed permit application to
   97  municipalities and counties where the high-speed rail system
   98  will be located. The enterprise shall allow each such
   99  municipality and county 30 days to provide comments to the
  100  enterprise regarding the application, including any
  101  recommendations regarding conditions that may be placed on the
  102  permit.
  103         Section 49. Section 341.825, Florida Statutes, is created
  104  to read:
  105         341.825 Communication facilities.—
  106         (1) LEGISLATIVE INTENT.—The Legislature intends to:
  107         (a) Establish a streamlined process to authorize the
  108  location, construction, operation, and maintenance of
  109  communication facilities within new and existing high-speed rail
  110  systems.
  111         (b) Expedite the expansion of the high-speed rail system’s
  112  wireless voice and data coverage and capacity for the safe and
  113  efficient operation of the high-speed rail system and the
  114  safety, use, and efficiency of its crew and passengers as a
  115  critical communication facilities component.
  116         (2) APPLICATION SUBMISSION.—A railroad company may submit
  117  to the enterprise an application to obtain a permit to construct
  118  communication facilities within a new or existing high-speed
  119  rail system. The application must include an application fee
  120  that shall not exceed $10,000, which shall be deposited into the
  121  State Transportation Trust Fund. The application must include
  122  the following information:
  123         (a) The location of the proposed communication facilities.
  124         (b) A description of the proposed communication facilities.
  125         (c) Any other information reasonably required by the
  126  enterprise.
  127         (3) APPLICATION REVIEW.—The enterprise shall review each
  128  application for completeness within 30 days after receipt of the
  129  application.
  130         (a) If the enterprise determines that an application is not
  131  complete, the enterprise shall, within 30 days after the receipt
  132  of the initial application, notify the applicant in writing of
  133  any errors or omissions. An applicant has 30 days after receipt
  134  of the notice to correct the errors or omissions in the initial
  135  application and provide that information to the enterprise.
  136         (b) If the enterprise determines that an application is
  137  complete, the enterprise must act upon the permit application
  138  within 60 days of the receipt of the completed application by
  139  approving in whole, approving with conditions as the enterprise
  140  deems appropriate, or denying the application, and stating the
  141  reason for issuance or denial. In determining whether an
  142  application should be approved, approved with modifications or
  143  conditions, or denied, the enterprise shall consider any
  144  comments or recommendations received from a municipality or
  145  county and the extent to which the proposed communication
  146  facilities:
  147         1. Are located in a manner that is appropriate for the
  148  communication technology specified by the applicant.
  149         2. Serve an existing or projected future need for
  150  communication facilities.
  151         3. Provide sufficient wireless voice and data coverage and
  152  capacity for the safe and efficient operation of the high-speed
  153  rail system and the safety, use, and efficiency of its crew and
  154  passengers.
  155         (c) The failure to adopt any recommendation or comment is
  156  not a basis for challenging the issuance of a permit.
  157         (4) EFFECT OF PERMIT.
  158         (a) A permit authorizes the permittee to locate, construct,
  159  operate, and maintain the communication facilities within a new
  160  or existing high speed rail system, subject to the conditions
  161  set forth in the permit. Such activities are not subject to
  162  local government land use or zoning regulations.
  163         (b) A permit may include conditions that constitute
  164  variances and exemptions from rules of the enterprise or any
  165  other agency, which would otherwise be applicable to the
  166  communication facilities within the new or existing high-speed
  167  rail system.
  168         (c) Notwithstanding any other provisions of law, the permit
  169  is in lieu of any license, permit, certificate, or similar
  170  document required by any local agency.
  171         (d) This section is not intended to impose procedures or
  172  restrictions on a railroad company that is subject to the
  173  exclusive jurisdiction of the federal Surface Transportation
  174  Board pursuant to the Interstate Commerce Commission Termination
  175  Act of 1995, 49 U.S.C. ss. 10101 et seq.
  176         (5) MODIFICATION OF PERMIT.—After a permit is issued, an
  177  applicant may file a petition with the enterprise to modify the
  178  permit.
  179         (a) A petition for modification must set forth the proposed
  180  modification and the factual reasons asserted for the
  181  modification.
  182         (b) The enterprise shall act upon the petition within 30
  183  days after receipt by approving or denying the application, and
  184  stating the reason for issuance or denial.
  185         Section 50. Paragraph (b) of subsection (2) of section
  186  341.840, is amended to read:
  187         341.840 Tax exemption.—
  188         (2)
  189         (b) For the purposes of this section, any item or property
  190  that is within the definition of the term “associated
  191  development” in s. 341.8203(1) may not be considered part of the
  192  high-speed rail system as defined in s. 341.8203 s. 341.8203(3).
  194  ================= T I T L E  A M E N D M E N T ================
  195         And the title is amended as follows:
  196         Between lines 4456 and 4457
  197  insert:
  198         341.8203, F.S.; defining the terms “communication
  199         facilities” and “railroad company” as used in the
  200         Florida Rail Enterprise Act; amending s. 341.822,
  201         F.S.; requiring the rail enterprise to establish a
  202         process to issue permits for railroad companies to
  203         construct communication facilities within a high-speed
  204         rail system; providing rulemaking authority; providing
  205         for fees for issuing a permit; providing that copies
  206         of the permit application will be sent to
  207         municipalities and counties; requiring the rail
  208         enterprise to allow municipalities and counties to
  209         provide comments on the application; creating s.
  210         341.825, F.S.; providing for a permit authorizing the
  211         permittee to locate, construct, operate, and maintain
  212         communication facilities within a new or existing
  213         high-speed rail system; providing for application
  214         procedures and fees; providing for the effects of a
  215         permit; providing an exemption from local land use and
  216         zoning regulations; authorizing the enterprise to
  217         include, in a permit, variances and exemptions from
  218         rules of the enterprise or other agencies; providing
  219         that a permit is in lieu of licenses, permits,
  220         certificates, or similar documents; providing for a
  221         modification of a permit; amending s. 341.840, F.S.;
  222         conforming a cross-reference; amending s.