Florida Senate - 2020                                    SB 7054
       
       
        
       By the Committee on Infrastructure and Security
       
       
       
       
       
       596-03448-20                                          20207054__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; revising the organization of the Department of
    4         Transportation; revising and providing for the
    5         delegation of certain responsibilities; revising
    6         provisions relating to the operation of a rail
    7         enterprise; amending s. 201.15, F.S.; revising uses
    8         for distributions made under the State Transportation
    9         Trust Fund in specified fiscal years; providing for
   10         the expiration of a specified provision; beginning in
   11         a specified fiscal year, requiring the allocation of a
   12         certain of amount of funds to the State Transportation
   13         Trust Fund to be used for rail safety; amending s.
   14         206.46, F.S.; revising a limitation on an annual
   15         transfer from the State Transportation Trust Fund to
   16         the Right-of-Way Acquisition and Bridge Construction
   17         Trust Fund; amending ss. 206.606, 206.608, and
   18         212.0501, F.S.; removing a requirement for deduction
   19         of certain service charges before the distribution of
   20         certain moneys; amending s. 311.101, F.S.; deleting
   21         the scheduled expiration of funding for the Intermodal
   22         Logistics Center Infrastructure Support Program;
   23         amending s. 319.32, F.S.; removing a requirement for
   24         deduction of certain service charges before depositing
   25         fees for a certificate of title into the State
   26         Transportation Trust Fund; amending s. 333.03, F.S.;
   27         requiring airport protection zoning regulations to
   28         require certain permit applicants to submit a final
   29         valid determination from the Federal Aviation
   30         Administration; creating s. 334.275, F.S.; requiring a
   31         driver to vacate lanes or reduce vehicle speed on
   32         certain highways under certain conditions; providing
   33         an exception; authorizing portable radar speed display
   34         units to show or display certain lights under
   35         specified conditions; requiring the Department of
   36         Highway Safety and Motor Vehicles to include certain
   37         requirements in its specified educational awareness
   38         campaign and in driver license educational materials;
   39         requiring pedestrians using road rights-of-way to
   40         yield the right-of-way to authorized road or bridge
   41         maintenance or construction vehicles; providing an
   42         exception; providing applicability; providing
   43         construction; providing noncriminal penalties;
   44         amending s. 337.25, F.S.; requiring the Department of
   45         Transportation to afford a right of first refusal to
   46         certain individuals under specified circumstances;
   47         providing requirements and procedures for the right of
   48         first refusal; amending s. 339.135, F.S.; conforming
   49         provisions to changes made by the act; deleting the
   50         scheduled expiration of provisions relating to
   51         approval of amendments submitted to the Legislative
   52         Budget Commission by the department; amending s.
   53         339.175, F.S.; revising the date by which a
   54         metropolitan planning organization must submit a list
   55         of project priorities to the appropriate department
   56         district; repealing s. 339.2821, F.S., relating to
   57         economic development transportation projects; amending
   58         s. 341.302, F.S.; revising the maximum amount of
   59         liability insurance the department may purchase;
   60         revising department responsibilities regarding rail
   61         systems; amending s. 341.303, F.S.; revising
   62         department funding authority regarding rail systems;
   63         conforming provisions to changes made by the act;
   64         repealing s. 341.8201, F.S., relating to the “Florida
   65         Rail Enterprise Act” short title; amending s.
   66         341.8203, F.S.; revising definitions; amending s.
   67         341.822, F.S.; requiring the department, rather than
   68         the Florida Rail Enterprise, to locate, plan, design,
   69         finance, construct, maintain, own, operate,
   70         administer, and manage the high-speed rail system in
   71         the state; amending ss. 288.0656, 339.08, 341.825,
   72         341.836, 341.838, 341.839, 341.840, 343.58, and
   73         377.809, F.S.; conforming provisions to changes made
   74         by the act; providing effective dates.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Effective July 1, 2023, paragraphs (a) and (f)
   79  of subsection (4) of section 20.23, Florida Statutes, are
   80  amended to read:
   81         20.23 Department of Transportation.—There is created a
   82  Department of Transportation which shall be a decentralized
   83  agency.
   84         (4)(a) The operations of the department shall be organized
   85  into seven districts, each headed by a district secretary, and a
   86  turnpike enterprise and a rail enterprise, each enterprise
   87  headed by an executive director. The district secretaries and
   88  the executive director directors shall be registered
   89  professional engineers in accordance with the provisions of
   90  chapter 471 or the laws of another state, or, in lieu of
   91  professional engineer registration, a district secretary or the
   92  executive director may hold an advanced degree in an appropriate
   93  related discipline, such as a Master of Business Administration.
   94  The headquarters of the districts shall be located in Polk,
   95  Columbia, Washington, Broward, Volusia, Miami-Dade, and
   96  Hillsborough Counties. The headquarters of the turnpike
   97  enterprise shall be located in Orange County. The headquarters
   98  of the rail enterprise shall be located in Leon County. In order
   99  to provide for efficient operations and to expedite the
  100  decisionmaking process, the department shall provide for maximum
  101  decentralization to the districts.
  102         (f)1. The responsibility for developing and operating the
  103  high-speed and passenger rail systems established in chapter
  104  341, directing funding for passenger rail systems under s.
  105  341.303, ensuring general rail safety, coordinating efforts to
  106  enhance passenger rail safety in the state, and coordinating
  107  publicly funded passenger rail operations in the state,
  108  including freight rail interoperability issues, shall be
  109  delegated to a departmental entity to be named by the secretary
  110  to the executive director of the rail enterprise, who shall
  111  serve at the pleasure of the secretary. The executive director
  112  shall report directly to the secretary, and the rail enterprise
  113  shall operate pursuant to ss. 341.8201-341.842.
  114         2.To facilitate the most efficient and effective
  115  management of the rail enterprise, including the use of best
  116  business practices employed by the private sector, the rail
  117  enterprise, except as provided in s. 287.055, shall be exempt
  118  from departmental policies, procedures, and standards, subject
  119  to the secretary having the authority to apply any such
  120  policies, procedures, and standards to the rail enterprise from
  121  time to time as deemed appropriate.
  122         Section 2. Paragraph (a) of subsection (4) of section
  123  201.15, Florida Statutes, is amended to read:
  124         201.15 Distribution of taxes collected.—All taxes collected
  125  under this chapter are hereby pledged and shall be first made
  126  available to make payments when due on bonds issued pursuant to
  127  s. 215.618 or s. 215.619, or any other bonds authorized to be
  128  issued on a parity basis with such bonds. Such pledge and
  129  availability for the payment of these bonds shall have priority
  130  over any requirement for the payment of service charges or costs
  131  of collection and enforcement under this section. All taxes
  132  collected under this chapter, except taxes distributed to the
  133  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  134  are subject to the service charge imposed in s. 215.20(1).
  135  Before distribution pursuant to this section, the Department of
  136  Revenue shall deduct amounts necessary to pay the costs of the
  137  collection and enforcement of the tax levied by this chapter.
  138  The costs and service charge may not be levied against any
  139  portion of taxes pledged to debt service on bonds to the extent
  140  that the costs and service charge are required to pay any
  141  amounts relating to the bonds. All of the costs of the
  142  collection and enforcement of the tax levied by this chapter and
  143  the service charge shall be available and transferred to the
  144  extent necessary to pay debt service and any other amounts
  145  payable with respect to bonds authorized before January 1, 2017,
  146  secured by revenues distributed pursuant to this section. All
  147  taxes remaining after deduction of costs shall be distributed as
  148  follows:
  149         (4) After the required distributions to the Land
  150  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  151  deduction of the service charge imposed pursuant to s.
  152  215.20(1), the remainder shall be distributed as follows:
  153         (a) The lesser of 24.18442 percent of the remainder or
  154  $541.75 million in each fiscal year shall be paid into the State
  155  Treasury to the credit of the State Transportation Trust Fund.
  156  Of such funds, $75 million for each fiscal year shall be
  157  transferred to the General Revenue Fund. Notwithstanding any
  158  other law, the remaining amount credited to the State
  159  Transportation Trust Fund shall be used for:
  160         1. Capital funding for the New Starts Transit Program,
  161  authorized by Title 49, U.S.C. s. 5309 and specified in s.
  162  341.051, in the amount of 10 percent of the funds;
  163         2. The Small County Outreach Program specified in s.
  164  339.2818, in the amount of 10 percent of the funds;
  165         3. The Strategic Intermodal System specified in ss. 339.61,
  166  339.62, 339.63, and 339.64, in the amount of 75 percent of the
  167  funds after deduction of the payments required pursuant to
  168  subparagraphs 1. and 2.; and
  169         4.a. The Transportation Regional Incentive Program
  170  specified in s. 339.2819, in the amount of 25 percent of the
  171  funds after deduction of the payments required pursuant to
  172  subparagraphs 1. and 2.
  173         b. In fiscal years 2020-2021, 2020-2022, and 2022-2023, the
  174  first $60 million of the funds allocated pursuant to this
  175  subparagraph must shall be allocated annually to the Florida
  176  Rail Enterprise for the purposes established in s. 341.303(5).
  177  This sub-subparagraph expires July 1, 2023.
  178         c. Beginning in the 2023-2024 fiscal year, the first $60
  179  million of the funds allocated pursuant to this subparagraph
  180  must be allocated annually to the State Transportation Trust
  181  Fund to be used for rail projects and rail safety improvements
  182  as provided in s. 341.303(5).
  183         Section 3. Subsection (2) of section 206.46, Florida
  184  Statutes, is amended to read:
  185         206.46 State Transportation Trust Fund.—
  186         (2) Notwithstanding any other provision provisions of law,
  187  from the revenues deposited into the State Transportation Trust
  188  Fund a maximum of 7 percent in each fiscal year shall be
  189  transferred into the Right-of-Way Acquisition and Bridge
  190  Construction Trust Fund created in s. 215.605, as needed to meet
  191  the requirements of the documents authorizing the bonds issued
  192  or proposed to be issued under ss. 215.605 and 337.276 or at a
  193  minimum amount sufficient to pay for the debt service coverage
  194  requirements of outstanding bonds. Notwithstanding the 7 percent
  195  annual transfer authorized in this subsection, the annual amount
  196  transferred under this subsection shall not exceed an amount
  197  necessary to provide the required debt service coverage levels
  198  for a maximum debt service not to exceed $350 $275 million. Such
  199  transfer shall be payable primarily from the motor and diesel
  200  fuel taxes transferred to the State Transportation Trust Fund
  201  from the Fuel Tax Collection Trust Fund.
  202         Section 4. Subsection (1) of section 206.606, Florida
  203  Statutes, is amended to read:
  204         206.606 Distribution of certain proceeds.—
  205         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  206  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  207  Fund. Such moneys, after deducting the service charges imposed
  208  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  209  administrative costs incurred by the department in collecting,
  210  administering, enforcing, and distributing the tax, which
  211  administrative costs may not exceed 2 percent of collections,
  212  shall be distributed monthly to the State Transportation Trust
  213  Fund, except that:
  214         (a) Each fiscal year, $6.3 $6.30 million shall be
  215  transferred to the Fish and Wildlife Conservation Commission in
  216  each fiscal year and deposited in the Invasive Plant Control
  217  Trust Fund to be used for aquatic plant management, including
  218  nonchemical control of aquatic weeds, research into nonchemical
  219  controls, and enforcement activities. The commission shall
  220  allocate at least $1 million of such funds to the eradication of
  221  melaleuca.
  222         (b) Annually, $2.5 million shall be transferred to the
  223  State Game Trust Fund in the Fish and Wildlife Conservation
  224  Commission and used for recreational boating activities and
  225  freshwater fisheries management and research. The transfers must
  226  be made in equal monthly amounts beginning on July 1 of each
  227  fiscal year. The commission shall annually determine where unmet
  228  needs exist for boating-related activities, and may fund such
  229  activities in counties where, due to the number of vessel
  230  registrations, sufficient financial resources are unavailable.
  231         1. A minimum of $1.25 million shall be used to fund local
  232  projects to provide recreational channel marking and other
  233  uniform waterway markers, public boat ramps, lifts, and hoists,
  234  marine railways, and other public launching facilities, derelict
  235  vessel removal, and other local boating-related activities. In
  236  funding the projects, the commission shall give priority
  237  consideration to:
  238         a. Unmet needs in counties having populations of 100,000 or
  239  fewer.
  240         b. Unmet needs in coastal counties having a high level of
  241  boating-related activities from individuals residing in other
  242  counties.
  243         2. The remaining $1.25 million may be used for recreational
  244  boating activities and freshwater fisheries management and
  245  research.
  246         3. The commission may adopt rules to administer a Florida
  247  Boating Improvement Program.
  248  
  249  The commission shall prepare and make available on its Internet
  250  website an annual report outlining the status of its Florida
  251  Boating Improvement Program, including the projects funded, and
  252  a list of counties the whose needs of which are unmet due to
  253  insufficient financial resources from vessel registration fees.
  254         (c) 0.65 percent Of the moneys collected pursuant to s.
  255  206.41(1)(g), 0.65 percent shall be transferred to the
  256  Agricultural Emergency Eradication Trust Fund.
  257         (d) Each fiscal year, $13.4 million in fiscal year 2007
  258  2008 and each fiscal year thereafter of the moneys attributable
  259  to the sale of motor and diesel fuel at marinas shall be
  260  transferred from the Fuel Tax Collection Trust Fund to the
  261  Marine Resources Conservation Trust Fund in the Fish and
  262  Wildlife Conservation Commission.
  263         Section 5. Section 206.608, Florida Statutes, is amended to
  264  read:
  265         206.608 State Comprehensive Enhanced Transportation System
  266  Tax; deposit of proceeds; distribution.—Moneys received pursuant
  267  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
  268  Fuel Tax Collection Trust Fund, and, after deducting the service
  269  charge imposed in chapter 215 and administrative costs incurred
  270  by the department in collecting, administering, enforcing, and
  271  distributing the tax, which administrative costs may not exceed
  272  2 percent of collections, shall be distributed as follows:
  273         (1) 0.65 percent Of the proceeds of the tax levied pursuant
  274  to s. 206.41(1)(f), 0.65 percent shall be transferred to the
  275  Agricultural Emergency Eradication Trust Fund.
  276         (2) The remaining proceeds of the tax levied pursuant to s.
  277  206.41(1)(f) and all of the proceeds from the tax imposed by s.
  278  206.87(1)(d) shall be transferred into the State Transportation
  279  Trust Fund, and may be used only for projects in the adopted
  280  work program in the district in which the tax proceeds are
  281  collected, and, to the maximum extent feasible, such moneys
  282  shall be programmed for use in the county where collected.
  283  However, no revenue from the taxes imposed pursuant to ss.
  284  206.41(1)(f) and 206.87(1)(d) in a county may not shall be
  285  expended unless the projects funded with such revenues have been
  286  included in the work program adopted pursuant to s. 339.135.
  287         Section 6. Subsection (6) of section 212.0501, Florida
  288  Statutes, is amended to read:
  289         212.0501 Tax on diesel fuel for business purposes;
  290  purchase, storage, and use.—
  291         (6) All taxes required to be paid on fuel used in self
  292  propelled off-road equipment shall be deposited in the Fuel Tax
  293  Collection Trust Fund, to be distributed, after deduction of the
  294  general revenue service charge pursuant to s. 215.20, to the
  295  State Transportation Trust Fund. The department shall, each
  296  month, make a transfer, from general revenue collections, equal
  297  to such use tax reported on dealers’ sales and use tax returns.
  298         Section 7. Subsection (7) of section 311.101, Florida
  299  Statutes, is amended to read:
  300         311.101 Intermodal Logistics Center Infrastructure Support
  301  Program.—
  302         (7) Beginning in fiscal year 2014-2015, At least $5 million
  303  per fiscal year shall be made available from the State
  304  Transportation Trust Fund for the program. The Department of
  305  Transportation shall include projects proposed to be funded
  306  under this section in the tentative work program developed
  307  pursuant to s. 339.135(4). This subsection expires on July 1,
  308  2020.
  309         Section 8. Subsection (5) of section 319.32, Florida
  310  Statutes, is amended to read:
  311         319.32 Fees; service charges; disposition.—
  312         (5)(a) Forty-seven dollars of each fee collected, except
  313  for fees charged on a certificate of title for a motor vehicle
  314  for hire registered under s. 320.08(6), for each applicable
  315  original certificate of title and each applicable duplicate copy
  316  of a certificate of title, after deducting the service charges
  317  imposed by s. 215.20, shall be deposited into the State
  318  Transportation Trust Fund. Deposits to the State Transportation
  319  Trust Fund pursuant to this paragraph may not exceed $200
  320  million in any fiscal year, and any collections in excess of
  321  that amount during the fiscal year shall be paid into the
  322  General Revenue Fund.
  323         (b) All fees collected pursuant to subsection (3) shall be
  324  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  325  each fee, except for fees charged on a certificate of title for
  326  a motor vehicle for hire registered under s. 320.08(6), for each
  327  applicable original certificate of title and each applicable
  328  duplicate copy of a certificate of title, after deducting the
  329  service charges imposed by s. 215.20, shall be deposited into
  330  the State Transportation Trust Fund. All other fees collected by
  331  the department under this chapter shall be paid into the General
  332  Revenue Fund.
  333         Section 9. Paragraph (c) of subsection (1) of section
  334  333.03, Florida Statutes, is amended to read:
  335         333.03 Requirement to adopt airport zoning regulations.—
  336         (1)
  337         (c) Airport protection zoning regulations adopted under
  338  paragraph (a) must, at a minimum, require:
  339         1. A permit for the construction or alteration of any
  340  obstruction.;
  341         2. Obstruction marking and lighting for obstructions.;
  342         3. Documentation showing compliance with the federal
  343  requirement for notification of proposed construction or
  344  alteration of structures and a final valid determination from
  345  the Federal Aviation Administration aeronautical study submitted
  346  by each person applying for a permit.;
  347         4. Consideration of the criteria in s. 333.025(6), when
  348  determining whether to issue or deny a permit.; and
  349         5. That approval of a permit not be based solely on the
  350  determination by the Federal Aviation Administration that the
  351  proposed structure is not an airport hazard.
  352         Section 10. Section 334.275, Florida Statutes, is created
  353  to read:
  354         334.275 Road and bridge maintenance and construction
  355  vehicle safety.—
  356         (1) Notwithstanding any other provision of law:
  357         (a) If a road or bridge maintenance or construction vehicle
  358  displaying warning lights is on the roadside without advanced
  359  signs or channeling devices, the driver of every other vehicle,
  360  as soon as it is safe, shall vacate the lane closest to the road
  361  or bridge maintenance or construction vehicle when driving on an
  362  interstate highway or other highway with two or more lanes
  363  traveling in the direction of the road or bridge maintenance or
  364  construction vehicle, except when otherwise directed by a law
  365  enforcement officer. If such movement cannot be safely
  366  accomplished, the driver of every other vehicle shall slow to a
  367  speed that is 20 miles per hour less than the speed limit when
  368  the speed limit is 25 miles per hour or greater; or travel at 5
  369  miles per hour when the posted speed limit is 20 miles per hour
  370  or less, when driving on a two-lane road, except when otherwise
  371  directed by a law enforcement officer.
  372         (b) Portable radar speed display units in advance of a work
  373  zone on roadways with a posted speed limit of 55 miles per hour
  374  or more may show or display flashing red and blue lights when
  375  workers are present in the work zone for the purpose of road or
  376  bridge maintenance or construction.
  377         (2) The Department of Highway Safety and Motor Vehicles
  378  shall include the requirements of this section in its
  379  educational awareness campaign relating to the Move Over Act and
  380  in all newly printed driver license educational materials.
  381         (3) Every pedestrian using the road right-of-way shall
  382  yield the right-of-way to an authorized road or bridge
  383  maintenance or construction vehicle, unless otherwise directed
  384  by a law enforcement officer.
  385         (4) This section applies to maintenance or construction
  386  being performed for a governmental transportation entity as
  387  defined in s. 334.27(1).
  388         (5) This section does not diminish or enlarge any rules of
  389  evidence or liability in any case involving the operation of a
  390  road or bridge maintenance or construction vehicle.
  391         (6)This section does not relieve the driver of an
  392  authorized road or bridge maintenance or construction vehicle
  393  from the duty to drive with due regard for the safety of all
  394  persons using the highway.
  395         (7) A violation of this section is a noncriminal traffic
  396  infraction, punishable pursuant to chapter 318 as either a
  397  moving violation for infractions of paragraph (1)(a) or as a
  398  pedestrian violation for infractions of subsection (5).
  399         Section 11. Subsection (4) of section 337.25, Florida
  400  Statutes, is amended to read:
  401         337.25 Acquisition, lease, and disposal of real and
  402  personal property.—
  403         (4) The department may convey, in the name of the state,
  404  any land, building, or other property, real or personal, which
  405  was acquired under subsection (1) and which the department has
  406  determined is not needed for the construction, operation, and
  407  maintenance of a transportation facility. When such a
  408  determination has been made, property may be disposed of through
  409  negotiations, sealed competitive bids, auctions, or any other
  410  means the department deems to be in its best interest, with due
  411  advertisement for property valued by the department at greater
  412  than $10,000. A sale may not occur at a price less than the
  413  department’s current estimate of value, except as provided in
  414  paragraphs (a)-(d). The department may afford a right of first
  415  refusal to the local government or other political subdivision
  416  in the jurisdiction in which the parcel is situated, except in a
  417  conveyance transacted under paragraph (a), paragraph (c), or
  418  paragraph (e). Notwithstanding any provision of this section to
  419  the contrary, before any conveyance under this subsection may be
  420  made, except a conveyance under paragraph (a) or paragraph (c),
  421  the department shall first afford a right of first refusal to
  422  the previous property owner for the department’s current
  423  estimate of value of the property. The right of first refusal
  424  must be made in writing and sent to the previous owner via
  425  certified mail or hand delivery, effective upon receipt. The
  426  right of first refusal must provide the previous owner with a
  427  minimum of 30 days to exercise the right in writing and must be
  428  sent to the originator of the offer by certified mail or hand
  429  delivery, effective upon dispatch. If the previous owner
  430  exercises his or her right of first refusal, the previous owner
  431  has a minimum of 90 days to close on the property.
  432         (a) If the property has been donated to the state for
  433  transportation purposes and a transportation facility has not
  434  been constructed for at least 5 years, plans have not been
  435  prepared for the construction of such facility, and the property
  436  is not located in a transportation corridor, the governmental
  437  entity may authorize reconveyance of the donated property for no
  438  consideration to the original donor or the donor’s heirs,
  439  successors, assigns, or representatives.
  440         (b) If the property is to be used for a public purpose, the
  441  property may be conveyed without consideration to a governmental
  442  entity.
  443         (c) If the property was originally acquired specifically to
  444  provide replacement housing for persons displaced by
  445  transportation projects, the department may negotiate for the
  446  sale of such property as replacement housing. As compensation,
  447  the state shall receive at least its investment in such property
  448  or the department’s current estimate of value, whichever is
  449  lower. It is expressly intended that this benefit be extended
  450  only to persons actually displaced by the project. Dispositions
  451  to any other person must be for at least the department’s
  452  current estimate of value.
  453         (d) If the department determines that the property requires
  454  significant costs to be incurred or that continued ownership of
  455  the property exposes the department to significant liability
  456  risks, the department may use the projected maintenance costs
  457  over the next 10 years to offset the property’s value in
  458  establishing a value for disposal of the property, even if that
  459  value is zero.
  460         (e) If, at the discretion of the department, a sale to a
  461  person other than an abutting property owner would be
  462  inequitable, the property may be sold to the abutting owner for
  463  the department’s current estimate of value.
  464         Section 12. Paragraph (c) of subsection (4) and paragraph
  465  (g) of subsection (7) of section 339.135, Florida Statutes, are
  466  amended to read:
  467         339.135 Work program; legislative budget request;
  468  definitions; preparation, adoption, execution, and amendment.—
  469         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  470         (c)1. For purposes of this section, the board of county
  471  commissioners shall serve as the metropolitan planning
  472  organization in those counties that which are not located in a
  473  metropolitan planning organization and shall be involved in the
  474  development of the district work program to the same extent as a
  475  metropolitan planning organization.
  476         2. The district work program shall be developed
  477  cooperatively from the outset with the various metropolitan
  478  planning organizations of the state and include, to the maximum
  479  extent feasible, the project priorities of metropolitan planning
  480  organizations which have been submitted to the district by
  481  August October 1 of each year pursuant to s. 339.175(8)(b);
  482  however, the department and a metropolitan planning organization
  483  may, in writing, cooperatively agree to vary this submittal
  484  date. To assist the metropolitan planning organizations in
  485  developing their lists of project priorities, the district shall
  486  disclose to each metropolitan planning organization any
  487  anticipated changes in the allocation or programming of state
  488  and federal funds which may affect the inclusion of metropolitan
  489  planning organization project priorities in the district work
  490  program.
  491         3. Before Prior to submittal of the district work program
  492  to the central office, the district shall provide the affected
  493  metropolitan planning organization with written justification
  494  for any project proposed to be rescheduled or deleted from the
  495  district work program which project is part of the metropolitan
  496  planning organization’s transportation improvement program and
  497  is contained in the last 4 years of the previous adopted work
  498  program. By no later than 14 days after submittal of the
  499  district work program to the central office, the affected
  500  metropolitan planning organization may file an objection to such
  501  rescheduling or deletion. When an objection is filed with the
  502  secretary, the rescheduling or deletion may not be included in
  503  the district work program unless the inclusion of such
  504  rescheduling or deletion is specifically approved by the
  505  secretary. The Florida Transportation Commission shall include
  506  such objections in its evaluation of the tentative work program
  507  only when the secretary has approved the rescheduling or
  508  deletion.
  509         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  510         (g)1. A Any work program amendment that which also requires
  511  the transfer of fixed capital outlay appropriations between
  512  categories within the department or the increase of an
  513  appropriation category is subject to the approval of the
  514  Legislative Budget Commission.
  515         2. If a meeting of the Legislative Budget Commission cannot
  516  be held within 30 days after the department submits an amendment
  517  to the Legislative Budget Commission, the chair and vice chair
  518  of the Legislative Budget Commission may authorize such
  519  amendment to be approved pursuant to s. 216.177. This
  520  subparagraph expires July 1, 2020.
  521         Section 13. Paragraph (b) of subsection (8) of section
  522  339.175, Florida Statutes, is amended to read:
  523         339.175 Metropolitan planning organization.—
  524         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  525  in cooperation with the state and affected public transportation
  526  operators, develop a transportation improvement program for the
  527  area within the jurisdiction of the M.P.O. In the development of
  528  the transportation improvement program, each M.P.O. must provide
  529  the public, affected public agencies, representatives of
  530  transportation agency employees, freight shippers, providers of
  531  freight transportation services, private providers of
  532  transportation, representatives of users of public transit, and
  533  other interested parties with a reasonable opportunity to
  534  comment on the proposed transportation improvement program.
  535         (b) Each M.P.O. annually shall prepare a list of project
  536  priorities and shall submit the list to the appropriate district
  537  of the department by August October 1 of each year; however, the
  538  department and a metropolitan planning organization may, in
  539  writing, agree to vary this submittal date. Where more than one
  540  M.P.O. exists in an urbanized area, the M.P.O.’s shall
  541  coordinate in the development of regionally significant project
  542  priorities. The list of project priorities must be formally
  543  reviewed by the technical and citizens’ advisory committees, and
  544  approved by the M.P.O., before it is transmitted to the
  545  district. The approved list of project priorities must be used
  546  by the district in developing the district work program and must
  547  be used by the M.P.O. in developing its transportation
  548  improvement program. The annual list of project priorities must
  549  be based upon project selection criteria that, at a minimum,
  550  consider the following:
  551         1. The approved M.P.O. long-range transportation plan.;
  552         2. The Strategic Intermodal System Plan developed under s.
  553  339.64.
  554         3. The priorities developed pursuant to s. 339.2819(4).
  555         4. The results of the transportation management systems.;
  556  and
  557         5. The M.P.O.’s public-involvement procedures.
  558         Section 14. Section 339.2821, Florida Statutes, is
  559  repealed.
  560         Section 15. Paragraph (b) of subsection (17) of section
  561  341.302, Florida Statutes, is amended to read:
  562         341.302 Rail program; duties and responsibilities of the
  563  department.—The department, in conjunction with other
  564  governmental entities, including the rail enterprise and the
  565  private sector, shall develop and implement a rail program of
  566  statewide application designed to ensure the proper maintenance,
  567  safety, revitalization, and expansion of the rail system to
  568  assure its continued and increased availability to respond to
  569  statewide mobility needs. Within the resources provided pursuant
  570  to chapter 216, and as authorized under federal law, the
  571  department shall:
  572         (17) In conjunction with the acquisition, ownership,
  573  construction, operation, maintenance, and management of a rail
  574  corridor, have the authority to:
  575         (b) Purchase liability insurance, which amount shall not
  576  exceed $295 $200 million, and establish a self-insurance
  577  retention fund for the purpose of paying the deductible limit
  578  established in the insurance policies it may obtain, including
  579  coverage for the department, any freight rail operator as
  580  described in paragraph (a), National Railroad Passenger
  581  Corporation, commuter rail service providers, governmental
  582  entities, or any ancillary development, which self-insurance
  583  retention fund or deductible shall not exceed $10 million. The
  584  insureds shall pay a reasonable monetary contribution to the
  585  cost of such liability coverage for the sole benefit of the
  586  insured. Such insurance and self-insurance retention fund may
  587  provide coverage for all damages, including, but not limited to,
  588  compensatory, special, and exemplary, and be maintained to
  589  provide an adequate fund to cover claims and liabilities for
  590  loss, injury, or damage arising out of or connected with the
  591  ownership, operation, maintenance, and management of a rail
  592  corridor.
  593  
  594  Neither the assumption by contract to protect, defend,
  595  indemnify, and hold harmless; the purchase of insurance; nor the
  596  establishment of a self-insurance retention fund shall be deemed
  597  to be a waiver of any defense of sovereign immunity for torts
  598  nor deemed to increase the limits of the department’s or the
  599  governmental entity’s liability for torts as provided in s.
  600  768.28. The requirements of s. 287.022(1) shall not apply to the
  601  purchase of any insurance under this subsection. The provisions
  602  of this subsection shall apply and inure fully as to any other
  603  governmental entity providing commuter rail service and
  604  constructing, operating, maintaining, or managing a rail
  605  corridor on publicly owned right-of-way under contract by the
  606  governmental entity with the department or a governmental entity
  607  designated by the department. Notwithstanding any law to the
  608  contrary, procurement for the construction, operation,
  609  maintenance, and management of any rail corridor described in
  610  this subsection, whether by the department, a governmental
  611  entity under contract with the department, or a governmental
  612  entity designated by the department, shall be pursuant to s.
  613  287.057 and shall include, but not be limited to, criteria for
  614  the consideration of qualifications, technical aspects of the
  615  proposal, and price. Further, any such contract for design-build
  616  shall be procured pursuant to the criteria in s. 337.11(7).
  617         Section 16. Effective July 1, 2023, section 341.302,
  618  Florida Statutes, as amended by this act, is amended to read:
  619         341.302 Rail program; duties and responsibilities of the
  620  department.—The department, in conjunction with other
  621  governmental entities, including the rail enterprise and the
  622  private sector, shall develop and implement a rail program of
  623  statewide application designed to ensure the proper maintenance,
  624  safety, revitalization, and expansion of the rail system to
  625  assure its continued and increased availability to respond to
  626  statewide mobility needs. Within the resources provided pursuant
  627  to chapter 216, and as authorized under federal law, the
  628  department shall:
  629         (1) Provide the overall leadership, coordination, and
  630  financial and technical assistance necessary to ensure assure
  631  the effective responses of the state’s rail system to current
  632  and anticipated mobility needs.
  633         (2) Coordinate the development, general rail safety, and
  634  operation of publicly funded passenger Promote and facilitate
  635  the implementation of advanced rail systems in this state,
  636  including high-speed rail and magnetic levitation systems.
  637         (3) Develop and periodically update the rail system plan,
  638  on the basis of an analysis of statewide transportation needs.
  639         (a) The plan may contain detailed regional components,
  640  consistent with regional transportation plans, as needed to
  641  ensure connectivity within the state’s regions, and it shall be
  642  consistent with the Florida Transportation Plan developed
  643  pursuant to s. 339.155. The rail system plan shall include an
  644  identification of priorities, programs, and funding levels
  645  required to meet statewide and regional needs. The rail system
  646  plan shall be developed in a manner that will ensure assure the
  647  maximum use of existing facilities and the optimum integration
  648  and coordination of the various modes of transportation, public
  649  and private, in the most cost-effective manner possible. The
  650  rail system plan shall be updated no later than January 1, 2011,
  651  and at least every 5 years thereafter, and include plans for
  652  both passenger rail service and freight rail service,
  653  accompanied by a report to the Legislature regarding the status
  654  of the plan.
  655         (b) In recognition of the department’s role in the
  656  enhancement of the state’s rail system to improve freight and
  657  passenger mobility, the department shall:
  658         1. Work closely with all affected communities along an
  659  impacted freight rail corridor to identify and address
  660  anticipated impacts associated with an increase in freight rail
  661  traffic due to implementation of passenger rail.
  662         2. In coordination with the affected local governments and
  663  CSX Transportation, Inc., finalize all viable alternatives from
  664  the department’s Rail Traffic Evaluation Study to identify and
  665  develop an alternative route for through freight rail traffic
  666  moving through Central Florida, including the counties of Polk
  667  and Hillsborough, which would address, to the extent
  668  practicable, the effects of commuter rail.
  669         3. Provide technical assistance to a coalition of local
  670  governments in Central Florida, including the counties of
  671  Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
  672  Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
  673  Sumter, and Volusia, and the municipalities within those
  674  counties, to develop a regional rail system plan that addresses
  675  passenger and freight opportunities in the region, is consistent
  676  with the Florida Rail System Plan, and incorporates appropriate
  677  elements of the Tampa Bay Area Regional Authority Master Plan,
  678  the Metroplan Orlando Regional Transit System Concept Plan,
  679  including the SunRail project, and the Florida Department of
  680  Transportation Alternate Rail Traffic Evaluation.
  681         (4) As part of the work program of the department,
  682  formulate a specific program of projects and financing to
  683  respond to identified railroad needs.
  684         (5) Provide technical and financial assistance to units of
  685  local government to address identified rail transportation
  686  needs.
  687         (6) Secure and administer federal grants, loans, and
  688  apportionments for rail projects within this state when
  689  necessary to further the statewide program.
  690         (7) Develop and administer state standards concerning the
  691  safety and performance of rail systems, hazardous material
  692  handling, and operations. Such standards shall be developed
  693  jointly with representatives of affected rail systems, with full
  694  consideration given to nationwide industry norms, and shall
  695  define the minimum acceptable standards for safety and
  696  performance.
  697         (8) Conduct, at a minimum, inspections of track and rolling
  698  stock; train signals and related equipment; hazardous materials
  699  transportation, including the loading, unloading, and labeling
  700  of hazardous materials at shippers’, receivers’, and transfer
  701  points; and train operating practices to determine adherence to
  702  state and federal standards. Department personnel may enforce
  703  any safety regulation issued under the Federal Government’s
  704  preemptive authority over interstate commerce.
  705         (9) Assess penalties, in accordance with the applicable
  706  federal regulations, for the failure to adhere to the state
  707  standards.
  708         (10) Administer rail operating and construction programs,
  709  which programs shall include the regulation of maximum maxi-mum
  710  train operating speeds, the opening and closing of public grade
  711  crossings, the construction and rehabilitation of public grade
  712  crossings, and the installation of traffic control devices at
  713  public grade crossings, the administering of the programs by the
  714  department including participation in the cost of the programs.
  715         (11) Coordinate and facilitate the relocation of railroads
  716  from congested urban areas to nonurban areas when relocation has
  717  been determined feasible and desirable from the standpoint of
  718  safety, operational efficiency, and economics.
  719         (12) Implement a program of branch line continuance
  720  projects when an analysis of the industrial and economic
  721  potential of the line indicates that public involvement is
  722  required to preserve essential rail service and facilities.
  723         (13) Provide new rail service and equipment when:
  724         (a) Pursuant to the transportation planning process, a
  725  public need has been determined to exist;
  726         (b) The cost of providing such service does not exceed the
  727  sum of revenues from fares charged to users, services purchased
  728  by other public agencies, local fund participation, and specific
  729  legislative appropriation for this purpose; and
  730         (c) Service cannot be reasonably provided by other
  731  governmental or privately owned rail systems.
  732  
  733  The department may own, lease, and otherwise encumber
  734  facilities, equipment, and appurtenances thereto, as necessary
  735  to provide new rail services,; or the department may provide
  736  such service by contracts with privately owned service
  737  providers.
  738         (14) Furnish required emergency rail transportation service
  739  if no other private or public rail transportation operation is
  740  available to supply the required service and such service is
  741  clearly in the best interest of the people in the communities
  742  being served. Such emergency service may be furnished through
  743  contractual arrangement, actual operation of state-owned
  744  equipment and facilities, or any other means determined
  745  appropriate by the secretary.
  746         (15) Assist in the development and implementation of
  747  marketing programs for rail services and of information systems
  748  directed toward assisting rail systems users.
  749         (16) Conduct research into innovative or potentially
  750  effective rail technologies and methods and maintain expertise
  751  in state-of-the-art rail developments.
  752         (17) In conjunction with the acquisition, ownership,
  753  construction, operation, maintenance, and management of a rail
  754  corridor, have the authority to:
  755         (a) Assume obligations pursuant to the following:
  756         1.a. The department may assume the obligation by contract
  757  to forever protect, defend, indemnify, and hold harmless the
  758  freight rail operator, or its successors, from whom the
  759  department has acquired a real property interest in the rail
  760  corridor, and that freight rail operator’s officers, agents, and
  761  employees, from and against any liability, cost, and expense,
  762  including, but not limited to, commuter rail passengers and rail
  763  corridor invitees in the rail corridor, regardless of whether
  764  the loss, damage, destruction, injury, or death giving rise to
  765  any such liability, cost, or expense is caused in whole or in
  766  part, and to whatever nature or degree, by the fault, failure,
  767  negligence, misconduct, nonfeasance, or misfeasance of such
  768  freight rail operator, its successors, or its officers, agents,
  769  and employees, or any other person or persons whomsoever; or
  770         b. The department may assume the obligation by contract to
  771  forever protect, defend, indemnify, and hold harmless National
  772  Railroad Passenger Corporation, or its successors, and officers,
  773  agents, and employees of National Railroad Passenger
  774  Corporation, from and against any liability, cost, and expense,
  775  including, but not limited to, commuter rail passengers and rail
  776  corridor invitees in the rail corridor, regardless of whether
  777  the loss, damage, destruction, injury, or death giving rise to
  778  any such liability, cost, or expense is caused in whole or in
  779  part, and to whatever nature or degree, by the fault, failure,
  780  negligence, misconduct, nonfeasance, or misfeasance of National
  781  Railroad Passenger Corporation, its successors, or its officers,
  782  agents, and employees, or any other person or persons
  783  whomsoever.
  784         2. The assumption of liability of the department by
  785  contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
  786  1.b. may not in any instance exceed the following parameters of
  787  allocation of risk:
  788         a. The department may be solely responsible for any loss,
  789  injury, or damage to commuter rail passengers, or rail corridor
  790  invitees, or trespassers, regardless of circumstances or cause,
  791  subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
  792  6.
  793         b.(I) In the event of a limited covered accident, the
  794  authority of the department to protect, defend, and indemnify
  795  the freight operator for all liability, cost, and expense,
  796  including punitive or exemplary damages, in excess of the
  797  deductible or self-insurance retention fund established under
  798  paragraph (b) and actually in force at the time of the limited
  799  covered accident exists only if the freight operator agrees,
  800  with respect to the limited covered accident, to protect,
  801  defend, and indemnify the department for the amount of the
  802  deductible or self-insurance retention fund established under
  803  paragraph (b) and actually in force at the time of the limited
  804  covered accident.
  805         (II) In the event of a limited covered accident, the
  806  authority of the department to protect, defend, and indemnify
  807  National Railroad Passenger Corporation for all liability, cost,
  808  and expense, including punitive or exemplary damages, in excess
  809  of the deductible or self-insurance retention fund established
  810  under paragraph (b) and actually in force at the time of the
  811  limited covered accident exists only if National Railroad
  812  Passenger Corporation agrees, with respect to the limited
  813  covered accident, to protect, defend, and indemnify the
  814  department for the amount of the deductible or self-insurance
  815  retention fund established under paragraph (b) and actually in
  816  force at the time of the limited covered accident.
  817         3. When only one train is involved in an incident, the
  818  department may be solely responsible for any loss, injury, or
  819  damage if the train is a department train or other train
  820  pursuant to subparagraph 4., but only if:
  821         a. When an incident occurs with only a freight train
  822  involved, including incidents with trespassers or at grade
  823  crossings, the freight rail operator is solely responsible for
  824  any loss, injury, or damage, except for commuter rail passengers
  825  and rail corridor invitees; or
  826         b. When an incident occurs with only a National Railroad
  827  Passenger Corporation train involved, including incidents with
  828  trespassers or at grade crossings, National Railroad Passenger
  829  Corporation is solely responsible for any loss, injury, or
  830  damage, except for commuter rail passengers and rail corridor
  831  invitees.
  832         4. For the purposes of this subsection:
  833         a. Any train involved in an incident that is neither the
  834  department’s train nor the freight rail operator’s train,
  835  hereinafter referred to in this subsection as an “other train,”
  836  may be treated as a department train, solely for purposes of any
  837  allocation of liability between the department and the freight
  838  rail operator only, but only if the department and the freight
  839  rail operator share responsibility equally as to third parties
  840  outside the rail corridor who incur loss, injury, or damage as a
  841  result of any incident involving both a department train and a
  842  freight rail operator train, and the allocation as between the
  843  department and the freight rail operator, regardless of whether
  844  the other train is treated as a department train, shall remain
  845  one-half each as to third parties outside the rail corridor who
  846  incur loss, injury, or damage as a result of the incident. The
  847  involvement of any other train shall not alter the sharing of
  848  equal responsibility as to third parties outside the rail
  849  corridor who incur loss, injury, or damage as a result of the
  850  incident; or
  851         b. Any train involved in an incident that is neither the
  852  department’s train nor the National Railroad Passenger
  853  Corporation’s train, hereinafter referred to in this subsection
  854  as an “other train,” may be treated as a department train,
  855  solely for purposes of any allocation of liability between the
  856  department and National Railroad Passenger Corporation only, but
  857  only if the department and National Railroad Passenger
  858  Corporation share responsibility equally as to third parties
  859  outside the rail corridor who incur loss, injury, or damage as a
  860  result of any incident involving both a department train and a
  861  National Railroad Passenger Corporation train, and the
  862  allocation as between the department and National Railroad
  863  Passenger Corporation, regardless of whether the other train is
  864  treated as a department train, shall remain one-half each as to
  865  third parties outside the rail corridor who incur loss, injury,
  866  or damage as a result of the incident. The involvement of any
  867  other train shall not alter the sharing of equal responsibility
  868  as to third parties outside the rail corridor who incur loss,
  869  injury, or damage as a result of the incident.
  870         5. When more than one train is involved in an incident:
  871         a.(I) If only a department train and freight rail
  872  operator’s train, or only an other train as described in sub
  873  subparagraph 4.a. and a freight rail operator’s train, are
  874  involved in an incident, the department may be responsible for
  875  its property and all of its people, all commuter rail
  876  passengers, and rail corridor invitees, but only if the freight
  877  rail operator is responsible for its property and all of its
  878  people, and the department and the freight rail operator each
  879  share one-half responsibility as to trespassers or third parties
  880  outside the rail corridor who incur loss, injury, or damage as a
  881  result of the incident; or
  882         (II) If only a department train and a National Railroad
  883  Passenger Corporation train, or only an other train as described
  884  in sub-subparagraph 4.b. and a National Railroad Passenger
  885  Corporation train, are involved in an incident, the department
  886  may be responsible for its property and all of its people, all
  887  commuter rail passengers, and rail corridor invitees, but only
  888  if National Railroad Passenger Corporation is responsible for
  889  its property and all of its people, all National Railroad
  890  Passenger Corporation’s rail passengers, and the department and
  891  National Railroad Passenger Corporation each share one-half
  892  responsibility as to trespassers or third parties outside the
  893  rail corridor who incur loss, injury, or damage as a result of
  894  the incident.
  895         b.(I) If a department train, a freight rail operator train,
  896  and any other train are involved in an incident, the allocation
  897  of liability between the department and the freight rail
  898  operator, regardless of whether the other train is treated as a
  899  department train, shall remain one-half each as to third parties
  900  outside the rail corridor who incur loss, injury, or damage as a
  901  result of the incident; the involvement of any other train shall
  902  not alter the sharing of equal responsibility as to third
  903  parties outside the rail corridor who incur loss, injury, or
  904  damage as a result of the incident; and, if the owner, operator,
  905  or insurer of the other train makes any payment to injured third
  906  parties outside the rail corridor who incur loss, injury, or
  907  damage as a result of the incident, the allocation of credit
  908  between the department and the freight rail operator as to such
  909  payment shall not in any case reduce the freight rail operator’s
  910  third-party-sharing allocation of one-half under this paragraph
  911  to less than one-third of the total third party liability; or
  912         (II) If a department train, a National Railroad Passenger
  913  Corporation train, and any other train are involved in an
  914  incident, the allocation of liability between the department and
  915  National Railroad Passenger Corporation, regardless of whether
  916  the other train is treated as a department train, shall remain
  917  one-half each as to third parties outside the rail corridor who
  918  incur loss, injury, or damage as a result of the incident; the
  919  involvement of any other train shall not alter the sharing of
  920  equal responsibility as to third parties outside the rail
  921  corridor who incur loss, injury, or damage as a result of the
  922  incident; and, if the owner, operator, or insurer of the other
  923  train makes any payment to injured third parties outside the
  924  rail corridor who incur loss, injury, or damage as a result of
  925  the incident, the allocation of credit between the department
  926  and National Railroad Passenger Corporation as to such payment
  927  shall not in any case reduce National Railroad Passenger
  928  Corporation’s third-party-sharing allocation of one-half under
  929  this sub-subparagraph to less than one-third of the total third
  930  party liability.
  931         6. Any such contractual duty to protect, defend, indemnify,
  932  and hold harmless such a freight rail operator or National
  933  Railroad Passenger Corporation shall expressly include a
  934  specific cap on the amount of the contractual duty, which amount
  935  shall not exceed $200 million without prior legislative
  936  approval, and the department to purchase liability insurance and
  937  establish a self-insurance retention fund in the amount of the
  938  specific cap established under this subparagraph, provided that:
  939         a. No such contractual duty shall in any case be effective
  940  nor otherwise extend the department’s liability in scope and
  941  effect beyond the contractual liability insurance and self
  942  insurance retention fund required pursuant to this paragraph;
  943  and
  944         b.(I) The freight rail operator’s compensation to the
  945  department for future use of the department’s rail corridor
  946  shall include a monetary contribution to the cost of such
  947  liability coverage for the sole benefit of the freight rail
  948  operator.
  949         (II) National Railroad Passenger Corporation’s compensation
  950  to the department for future use of the department’s rail
  951  corridor shall include a monetary contribution to the cost of
  952  such liability coverage for the sole benefit of National
  953  Railroad Passenger Corporation.
  954         (b) Purchase liability insurance, which amount shall not
  955  exceed $295 million, and establish a self-insurance retention
  956  fund for the purpose of paying the deductible limit established
  957  in the insurance policies it may obtain, including coverage for
  958  the department, any freight rail operator as described in
  959  paragraph (a), National Railroad Passenger Corporation, commuter
  960  rail service providers, governmental entities, or any ancillary
  961  development, which self-insurance retention fund or deductible
  962  shall not exceed $10 million. The insureds shall pay a
  963  reasonable monetary contribution to the cost of such liability
  964  coverage for the sole benefit of the insured. Such insurance and
  965  self-insurance retention fund may provide coverage for all
  966  damages, including, but not limited to, compensatory, special,
  967  and exemplary, and be maintained to provide an adequate fund to
  968  cover claims and liabilities for loss, injury, or damage arising
  969  out of or connected with the ownership, operation, maintenance,
  970  and management of a rail corridor.
  971         (c) Incur expenses for the purchase of advertisements,
  972  marketing, and promotional items.
  973         (d) Without altering any of the rights granted to the
  974  department under this section, agree to assume the obligations
  975  to indemnify and insure, pursuant to s. 343.545, freight rail
  976  service, intercity passenger rail service, and commuter rail
  977  service on a department-owned rail corridor, whether ownership
  978  is in fee or by easement, or on a rail corridor where the
  979  department has the right to operate.
  980  
  981  Neither the assumption by contract to protect, defend,
  982  indemnify, and hold harmless; the purchase of insurance; nor the
  983  establishment of a self-insurance retention fund shall be deemed
  984  to be a waiver of any defense of sovereign immunity for torts
  985  nor deemed to increase the limits of the department’s or the
  986  governmental entity’s liability for torts as provided in s.
  987  768.28. The requirements of s. 287.022(1) shall not apply to the
  988  purchase of any insurance under this subsection. The provisions
  989  of This subsection shall apply and inure fully as to any other
  990  governmental entity providing commuter rail service and
  991  constructing, operating, maintaining, or managing a rail
  992  corridor on publicly owned right-of-way under contract by the
  993  governmental entity with the department or a governmental entity
  994  designated by the department. Notwithstanding any law to the
  995  contrary, procurement for the construction, operation,
  996  maintenance, and management of any rail corridor described in
  997  this subsection, whether by the department, a governmental
  998  entity under contract with the department, or a governmental
  999  entity designated by the department, shall be pursuant to s.
 1000  287.057 and shall include, but not be limited to, criteria for
 1001  the consideration of qualifications, technical aspects of the
 1002  proposal, and price. Further, any such contract for design-build
 1003  shall be procured pursuant to the criteria in s. 337.11(7).
 1004         (18) Exercise such other functions, powers, and duties in
 1005  connection with the rail system plan as are necessary to develop
 1006  a safe, efficient, and effective statewide transportation
 1007  system.
 1008         Section 17. Effective July 1, 2023, subsections (5) and (6)
 1009  of section 341.303, Florida Statutes, are amended to read:
 1010         341.303 Funding authorization and appropriations;
 1011  eligibility and participation.—
 1012         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—The
 1013  department may, through the Florida Rail Enterprise, is
 1014  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
 1015  to fund:
 1016         (a) Up to 50 percent of the nonfederal share of the costs
 1017  of any eligible passenger rail capital improvement project.
 1018         (b) Up to 100 percent of planning and development costs
 1019  related to the provision of a passenger rail system, including,
 1020  but not limited to, preliminary engineering, revenue studies,
 1021  environmental impact studies, financial advisory services,
 1022  engineering design, and other appropriate professional services.
 1023         (c) The high-speed rail system.
 1024         (d) Projects necessary to identify or address anticipated
 1025  impacts of increased freight rail traffic resulting from the
 1026  implementation of passenger rail systems as provided in s.
 1027  341.302(3)(b).
 1028         (e)Projects necessary to identify or address needed or
 1029  desirable safety improvements to passenger rail systems in this
 1030  state.
 1031         (6) FLORIDA RAIL ENTERPRISE; BUDGET.—
 1032         (a) The Florida Rail Enterprise shall be a single budget
 1033  entity and shall develop a budget pursuant to chapter 216. The
 1034  enterprise’s budget shall be submitted to the Legislature along
 1035  with the department’s budget. All passenger rail funding by the
 1036  department shall be included in this budget entity.
 1037         (b) Notwithstanding the provisions of s. 216.301 to the
 1038  contrary and in accordance with s. 216.351, the Executive Office
 1039  of the Governor shall, on July 1 of each year, certify forward
 1040  all unexpended funds appropriated or provided pursuant to this
 1041  section for the enterprise. Of the unexpended funds certified
 1042  forward, any unencumbered amounts shall be carried forward. Such
 1043  funds carried forward shall not exceed 5 percent of the original
 1044  approved operating budget of the enterprise pursuant to s.
 1045  216.181(1). Funds carried forward pursuant to this section may
 1046  be used for any lawful purpose, including, but not limited to,
 1047  promotional and market activities, technology, and training. Any
 1048  certified-forward funds remaining undisbursed on September 30 of
 1049  each year shall be carried forward.
 1050         Section 18. Effective July 1, 2023, section 341.8201,
 1051  Florida Statutes, is repealed.
 1052         Section 19. Effective July 1, 2023, section 341.8203,
 1053  Florida Statutes, is amended to read:
 1054         341.8203 Definitions.—As used in ss. 341.822-341.842 ss.
 1055  341.8201-341.842, unless the context clearly indicates
 1056  otherwise, the term:
 1057         (1) “Associated development” means property, equipment,
 1058  buildings, or other related facilities which are built,
 1059  installed, used, or established to provide financing, funding,
 1060  or revenues for the planning, building, managing, and operation
 1061  of a high-speed rail system and which are associated with or
 1062  part of the rail stations. The term includes air and subsurface
 1063  rights, services that provide local area network devices for
 1064  transmitting data over wireless networks, parking facilities,
 1065  retail establishments, restaurants, hotels, offices,
 1066  advertising, or other commercial, civic, residential, or support
 1067  facilities.
 1068         (2) “Communication facilities” means the communication
 1069  systems related to high-speed passenger rail operations,
 1070  including those which are built, installed, used, or established
 1071  for the planning, building, managing, and operating of a high
 1072  speed rail system. The term includes the land; structures;
 1073  improvements; rights-of-way; easements; positive train control
 1074  systems; wireless communication towers and facilities that are
 1075  designed to provide voice and data services for the safe and
 1076  efficient operation of the high-speed rail system; voice, data,
 1077  and wireless communication amenities made available to crew and
 1078  passengers as part of a high-speed rail service; and any other
 1079  facilities or equipment used for operation of, or the
 1080  facilitation of communications for, a high-speed rail system.
 1081  Owners of communication facilities may not offer voice or data
 1082  service to any entity other than passengers, crew, or other
 1083  persons involved in the operation of a high-speed rail system.
 1084         (3) “Enterprise” means the Florida Rail Enterprise.
 1085         (4) “High-speed rail system” means any high-speed fixed
 1086  guideway system for transporting people or goods, which system
 1087  is, by definition of the United States Department of
 1088  Transportation, reasonably expected to reach speeds of at least
 1089  110 miles per hour, including, but not limited to, a monorail
 1090  system, dual track rail system, suspended rail system, magnetic
 1091  levitation system, pneumatic repulsion system, or other system
 1092  approved by the department enterprise. The term includes a
 1093  corridor, associated intermodal connectors, and structures
 1094  essential to the operation of the line, including the land,
 1095  structures, improvements, rights-of-way, easements, rail lines,
 1096  rail beds, guideway structures, switches, yards, parking
 1097  facilities, power relays, switching houses, and rail stations
 1098  and also includes facilities or equipment used exclusively for
 1099  the purposes of design, construction, operation, maintenance, or
 1100  the financing of the high-speed rail system.
 1101         (4)(5) “Joint development” means the planning, managing,
 1102  financing, or constructing of projects adjacent to, functionally
 1103  related to, or otherwise related to a high-speed rail system
 1104  pursuant to agreements between any person, firm, corporation,
 1105  association, organization, agency, or other entity, public or
 1106  private.
 1107         (5)(6) “Rail station,” “station,” or “high-speed rail
 1108  station” means any structure or transportation facility that is
 1109  part of a high-speed rail system designed to accommodate the
 1110  movement of passengers from one mode of transportation to
 1111  another at which passengers board or disembark from
 1112  transportation conveyances and transfer from one mode of
 1113  transportation to another.
 1114         (6)(7) “Railroad company” means a person developing, or
 1115  providing service on, a high-speed rail system.
 1116         (7)(8) “Selected person or entity” means the person or
 1117  entity to whom the department enterprise awards a contract to
 1118  establish a high-speed rail system pursuant to ss. 341.822
 1119  341.842 ss. 341.8201-341.842.
 1120         Section 20. Effective July 1, 2023, section 341.822,
 1121  Florida Statutes, is amended to read:
 1122         341.822 Powers and duties.—
 1123         (1) The department enterprise shall locate, plan, design,
 1124  finance, construct, maintain, own, operate, administer, and
 1125  manage the high-speed rail system in the state.
 1126         (2)(a) In addition to the powers granted to The department,
 1127  the enterprise has full authority to exercise all powers granted
 1128  to it under this chapter. Powers shall include, but are not
 1129  limited to, the ability to plan, construct, maintain, repair,
 1130  and operate a high-speed rail system, to acquire corridors, and
 1131  to coordinate the development and operation of publicly funded
 1132  passenger rail systems in the state.
 1133         (b) It is the express intention of ss. 341.822-341.842 ss.
 1134  341.8201-341.842 that the department enterprise be authorized to
 1135  plan, develop, own, purchase, lease, or otherwise acquire,
 1136  demolish, construct, improve, relocate, equip, repair, maintain,
 1137  operate, and manage the high-speed rail system; to expend funds
 1138  to publicize, advertise, and promote the advantages of using the
 1139  high-speed rail system and its facilities; and to cooperate,
 1140  coordinate, partner, and contract with other entities, public
 1141  and private, to accomplish these purposes.
 1142         (c) The department enterprise shall establish a process to
 1143  issue permits to railroad companies for the construction of
 1144  communication facilities within a new or existing public or
 1145  private high-speed rail system. The department enterprise may
 1146  adopt rules to administer such permits, including rules
 1147  regarding the form, content, and necessary supporting
 1148  documentation for permit applications; the process for
 1149  submitting applications; and the application fee for a permit
 1150  under s. 341.825. The department enterprise shall provide a copy
 1151  of a completed permit application to municipalities and counties
 1152  where the high-speed rail system will be located. The department
 1153  enterprise shall allow each such municipality and county 30 days
 1154  to provide comments to the department enterprise regarding the
 1155  application, including any recommendations regarding conditions
 1156  that may be placed on the permit.
 1157         (3) The department may The enterprise shall have the
 1158  authority to employ procurement methods available to the
 1159  department under chapters 255, 287, 334, and 337, or otherwise
 1160  in accordance with law. The enterprise may also solicit
 1161  proposals and, with legislative approval as evidenced by
 1162  approval of the project in the department’s work program, enter
 1163  into agreements with private entities, or consortia thereof, for
 1164  the building, operation, ownership, or financing of the high
 1165  speed rail system.
 1166         (4) The executive director of the enterprise shall appoint
 1167  staff, who shall be exempt from part II of chapter 110.
 1168         (5) The powers conferred upon the department enterprise
 1169  under ss. 341.822-341.842 ss. 341.8201-341.842 shall be in
 1170  addition and supplemental to the existing powers of the
 1171  department, and these powers shall not be construed as repealing
 1172  any provision of any other law, general or local, but shall
 1173  supersede such other laws that are inconsistent with the
 1174  exercise of the powers provided under ss. 341.822-341.842 ss.
 1175  341.8201-341.842 and provide a complete method for the exercise
 1176  of such powers granted.
 1177         (5)(6) Any proposed rail enterprise project or improvement
 1178  shall be developed in accordance with the Florida Transportation
 1179  Plan and the work program under s. 339.135.
 1180         Section 21. Paragraph (a) of subsection (7) of section
 1181  288.0656, Florida Statutes, is amended to read:
 1182         288.0656 Rural Economic Development Initiative.—
 1183         (7)(a) REDI may recommend to the Governor up to three rural
 1184  areas of opportunity. The Governor may by executive order
 1185  designate up to three rural areas of opportunity which will
 1186  establish these areas as priority assignments for REDI as well
 1187  as to allow the Governor, acting through REDI, to waive
 1188  criteria, requirements, or similar provisions of any economic
 1189  development incentive. Such incentives shall include, but are
 1190  not limited to, the Qualified Target Industry Tax Refund Program
 1191  under s. 288.106, the Quick Response Training Program under s.
 1192  288.047, the Quick Response Training Program for participants in
 1193  the welfare transition program under s. 288.047(8),
 1194  transportation projects under s. 339.2821, the brownfield
 1195  redevelopment bonus refund under s. 288.107, and the rural job
 1196  tax credit program under ss. 212.098 and 220.1895.
 1197         Section 22. Paragraph (f) of subsection (1) of section
 1198  339.08, Florida Statutes, is amended to read:
 1199         339.08 Use of moneys in State Transportation Trust Fund.—
 1200         (1) The department shall expend moneys in the State
 1201  Transportation Trust Fund accruing to the department, in
 1202  accordance with its annual budget. The use of such moneys shall
 1203  be restricted to the following purposes:
 1204         (f)To pay the cost of economic development transportation
 1205  projects in accordance with s. 339.2821.
 1206         Section 23. Effective July 1, 2023, subsections (2) and
 1207  (3), paragraph (b) of subsection (4), and subsection (5) of
 1208  section 341.825, Florida Statutes, are amended to read:
 1209         341.825 Communication facilities.—
 1210         (2) APPLICATION SUBMISSION.—A railroad company may submit
 1211  to the department enterprise an application to obtain a permit
 1212  to construct communication facilities within a new or existing
 1213  high-speed rail system. The application shall include an
 1214  application fee limited to the amount needed to pay the
 1215  anticipated cost of reviewing the application, not to exceed
 1216  $10,000, which shall be deposited into the State Transportation
 1217  Trust Fund. The application must include the following
 1218  information:
 1219         (a) The location of the proposed communication facilities.
 1220         (b) A description of the proposed communication facilities.
 1221         (c) Any other information reasonably required by the
 1222  department enterprise.
 1223         (3) APPLICATION REVIEW.—The department enterprise shall
 1224  review each application for completeness within 30 days after
 1225  receipt of the application.
 1226         (a) If the department enterprise determines that an
 1227  application is not complete, the department enterprise shall,
 1228  within 30 days after the receipt of the initial application,
 1229  notify the applicant in writing of any errors or omissions. An
 1230  applicant shall have 30 days within which to correct the errors
 1231  or omissions in the initial application.
 1232         (b) If the department enterprise determines that an
 1233  application is complete, the department enterprise shall act
 1234  upon the permit application within 60 days of the receipt of the
 1235  completed application by approving in whole, approving with
 1236  conditions as the department enterprise deems appropriate, or
 1237  denying the application, and stating the reason for issuance or
 1238  denial. In determining whether an application should be
 1239  approved, approved with modifications or conditions, or denied,
 1240  the department enterprise shall consider any comments or
 1241  recommendations received from a municipality or county and the
 1242  extent to which the proposed communication facilities:
 1243         1. Are located in a manner that is appropriate for the
 1244  communication technology specified by the applicant.
 1245         2. Serve an existing or projected future need for
 1246  communication facilities.
 1247         3. Provide sufficient wireless voice and data coverage and
 1248  capacity for the safe and efficient operation of the high-speed
 1249  rail system and the safety, use, and efficiency of its crew and
 1250  passengers.
 1251         (c) The failure to adopt any recommendation or comment may
 1252  not be a basis for challenging the issuance of a permit.
 1253         (4) EFFECT OF PERMIT.—
 1254         (b) A permit may include conditions that constitute
 1255  variances and exemptions from rules of the department enterprise
 1256  or any other agency, which would otherwise be applicable to the
 1257  communication facilities within the new or existing high-speed
 1258  rail system.
 1259         (5) MODIFICATION OF PERMIT.—A permit may be modified by the
 1260  applicant after issuance upon the filing of a petition with the
 1261  department enterprise.
 1262         (a) A petition for modification must set forth the proposed
 1263  modification and the factual reasons asserted for the
 1264  modification.
 1265         (b) The department enterprise shall act upon the petition
 1266  within 30 days by approving or denying the application, and
 1267  stating the reason for issuance or denial.
 1268         Section 24. Effective July 1, 2023, section 341.836,
 1269  Florida Statutes, is amended to read:
 1270         341.836 Associated development.—
 1271         (1) The department enterprise, alone or as part of a joint
 1272  development, may undertake associated developments to be a
 1273  source of revenue for the establishment, construction,
 1274  operation, or maintenance of the high-speed rail system. Such
 1275  associated developments must be consistent, to the extent
 1276  feasible, with applicable local government comprehensive plans
 1277  and local land development regulations and otherwise be in
 1278  compliance with ss. 341.822-341.842 ss. 341.8201-341.842.
 1279         (2) Sections 341.822-341.842 Sections 341.8201-341.842 do
 1280  not prohibit the department enterprise, the selected person or
 1281  entity, or a party to a joint venture with the department
 1282  enterprise or its selected person or entity from obtaining
 1283  approval, pursuant to any other law, for any associated
 1284  development that is reasonably related to the high-speed rail
 1285  system.
 1286         Section 25. Effective July 1, 2023, section 341.838,
 1287  Florida Statutes, is amended to read:
 1288         341.838 Fares, rates, rents, fees, and charges.—
 1289         (1) The department enterprise may establish, revise,
 1290  charge, and collect fares, rates, rents, fees, charges, and
 1291  revenues for the use of and for the services furnished, or to be
 1292  furnished, by the system and to contract with any person,
 1293  partnership, association, corporation, or other body, public or
 1294  private, in respect thereof. Such fares, rates, rents, fees, and
 1295  charges shall be reviewed annually by the department enterprise
 1296  and may be adjusted as set forth in the contract setting such
 1297  fares, rates, rents, fees, or charges. The funds collected
 1298  pursuant to this section shall, with any other funds available,
 1299  be used to pay the cost of designing, building, operating,
 1300  financing, and maintaining the system and each and every portion
 1301  thereof, to the extent that the payment of such cost has not
 1302  otherwise been adequately provided for.
 1303         (2) Fares, rates, rents, fees, and charges established,
 1304  revised, charged, and collected by the department enterprise
 1305  pursuant to this section shall not be subject to supervision or
 1306  regulation by any other department, commission, board, body,
 1307  bureau, or agency of this state other than the department
 1308  enterprise.
 1309         Section 26. Effective July 1, 2023, section 341.839,
 1310  Florida Statutes, is amended to read:
 1311         341.839 Alternate means.—Sections 341.822-341.842 Sections
 1312  341.8201-341.842 provide an additional and alternative method
 1313  for accomplishing the purposes authorized therein and are
 1314  supplemental and additional to powers conferred by other laws.
 1315  Except as otherwise expressly provided in ss. 341.822-341.842
 1316  ss. 341.8201-341.842, none of the powers granted to the
 1317  department enterprise under ss. 341.822-341.842 ss. 341.8201
 1318  341.842 are subject to the supervision or require the approval
 1319  or consent of any municipality or political subdivision or any
 1320  commission, board, body, bureau, or official.
 1321         Section 27. Effective July 1, 2023, section 341.840,
 1322  Florida Statutes, is amended to read:
 1323         341.840 Tax exemption.—
 1324         (1) The exercise of the powers granted under ss. 341.822
 1325  341.842 ss. 341.8201-341.842 will be in all respects for the
 1326  benefit of the people of this state, for the increase of their
 1327  commerce, welfare, and prosperity, and for the improvement of
 1328  their health and living conditions. The design, construction,
 1329  operation, maintenance, and financing of a high-speed rail
 1330  system by the department enterprise, its agent, or the owner or
 1331  lessee thereof, as herein authorized, constitutes the
 1332  performance of an essential public function.
 1333         (2)(a) For the purposes of this section, the term
 1334  “department” “enterprise” does not include agents of the
 1335  department enterprise other than contractors who qualify as such
 1336  pursuant to subsection (7).
 1337         (b) For the purposes of this section, any item or property
 1338  that is within the definition of the term “associated
 1339  development” in s. 341.8203(1) may not be considered part of the
 1340  high-speed rail system as defined in s. 341.8203(3) s.
 1341  341.8203(4).
 1342         (3)(a) Purchases or leases of tangible personal property or
 1343  real property by the department enterprise, excluding agents of
 1344  the department enterprise, are exempt from taxes imposed by
 1345  chapter 212 as provided in s. 212.08(6). Purchases or leases of
 1346  tangible personal property that is incorporated into the high
 1347  speed rail system as a component part thereof, as determined by
 1348  the department enterprise, by agents of the department
 1349  enterprise or the owner of the high-speed rail system are exempt
 1350  from sales or use taxes imposed by chapter 212. Leases, rentals,
 1351  or licenses to use real property granted to agents of the
 1352  department enterprise or the owner of the high-speed rail system
 1353  are exempt from taxes imposed by s. 212.031 if the real property
 1354  becomes part of such system. The exemptions granted in this
 1355  subsection do not apply to sales, leases, or licenses by the
 1356  department enterprise, agents of the department enterprise, or
 1357  the owner of the high-speed rail system.
 1358         (b) The exemption granted in paragraph (a) to purchases or
 1359  leases of tangible personal property by agents of the department
 1360  enterprise or by the owner of the high-speed rail system applies
 1361  only to property that becomes a component part of such system.
 1362  It does not apply to items, including, but not limited to,
 1363  cranes, bulldozers, forklifts, other machinery and equipment,
 1364  tools and supplies, or other items of tangible personal property
 1365  used in the construction, operation, or maintenance of the high
 1366  speed rail system when such items are not incorporated into the
 1367  high-speed rail system as a component part thereof.
 1368         (4) Any bonds or other security, and all notes, mortgages,
 1369  security agreements, letters of credit, or other instruments
 1370  that arise out of or are given to secure the repayment of bonds
 1371  or other security, issued by the department enterprise, or on
 1372  behalf of the department enterprise, their transfer, and the
 1373  income therefrom, including any profit made on the sale thereof,
 1374  shall at all times be free from taxation of every kind by the
 1375  state, the counties, and the municipalities and other political
 1376  subdivisions in the state. This subsection, however, does not
 1377  exempt from taxation or assessment the leasehold interest of a
 1378  lessee in any project or any other property or interest owned by
 1379  the lessee. The exemption granted by this subsection is not
 1380  applicable to any tax imposed by chapter 220 on interest income
 1381  or profits on the sale of debt obligations owned by
 1382  corporations.
 1383         (5) When property of the department enterprise is leased to
 1384  another person or entity, the property shall be exempt from ad
 1385  valorem taxation only if the use by the lessee qualifies the
 1386  property for exemption under s. 196.199.
 1387         (6) A leasehold interest held by the department enterprise
 1388  is not subject to intangible tax. However, if a leasehold
 1389  interest held by the department enterprise is subleased to a
 1390  nongovernmental lessee, such subleasehold interest shall be
 1391  deemed to be an interest described in s. 199.023(1)(d), Florida
 1392  Statutes 2005, and is subject to the intangible tax.
 1393         (7)(a) In order to be considered an agent of the department
 1394  enterprise for purposes of the exemption from sales and use tax
 1395  granted by subsection (3) for tangible personal property
 1396  incorporated into the high-speed rail system, a contractor of
 1397  the department enterprise that purchases or fabricates such
 1398  tangible personal property must be certified by the department
 1399  enterprise as provided in this subsection.
 1400         (b)1. A contractor must apply for a renewal of the
 1401  exemption not later than December 1 of each calendar year.
 1402         2. A contractor must apply to the department enterprise on
 1403  the application form adopted by the department enterprise, which
 1404  shall develop the form in consultation with the Department of
 1405  Revenue.
 1406         3. The department enterprise shall review each submitted
 1407  application and determine whether it is complete. The department
 1408  enterprise shall notify the applicant of any deficiencies in the
 1409  application within 30 days. Upon receipt of a completed
 1410  application, the department enterprise shall evaluate the
 1411  application for exemption under this subsection and issue a
 1412  certification that the contractor is qualified to act as an
 1413  agent of the department enterprise for purposes of this section
 1414  or a denial of such certification within 30 days. The department
 1415  enterprise shall provide the Department of Revenue with a copy
 1416  of each certification issued upon approval of an application.
 1417  Upon receipt of a certification from the department enterprise,
 1418  the Department of Revenue shall issue an exemption permit to the
 1419  contractor.
 1420         (c)1. The contractor may extend a copy of its exemption
 1421  permit to its vendors in lieu of paying sales tax on purchases
 1422  of tangible personal property qualifying for exemption under
 1423  this section. Possession of a copy of the exemption permit
 1424  relieves the seller of the responsibility of collecting tax on
 1425  the sale, and the Department of Revenue shall look solely to the
 1426  contractor for recovery of tax upon a determination that the
 1427  contractor was not entitled to the exemption.
 1428         2. The contractor may extend a copy of its exemption permit
 1429  to real property subcontractors supplying and installing
 1430  tangible personal property that is exempt under subsection (3).
 1431  Any such subcontractor may extend a copy of the permit to the
 1432  subcontractor’s vendors in order to purchase qualifying tangible
 1433  personal property tax-exempt. If the subcontractor uses the
 1434  exemption permit to purchase tangible personal property that is
 1435  determined not to qualify for exemption under subsection (3),
 1436  the Department of Revenue may assess and collect any tax,
 1437  penalties, and interest that are due from either the contractor
 1438  holding the exemption permit or the subcontractor that extended
 1439  the exemption permit to the seller.
 1440         (d) Any contractor authorized to act as an agent of the
 1441  department enterprise under this section shall maintain the
 1442  necessary books and records to document the exempt status of
 1443  purchases and fabrication costs made or incurred under the
 1444  permit. In addition, an authorized contractor extending its
 1445  exemption permit to its subcontractors shall maintain a copy of
 1446  the subcontractor’s books, records, and invoices indicating all
 1447  purchases made by the subcontractor under the authorized
 1448  contractor’s permit. If, in an audit conducted by the Department
 1449  of Revenue, it is determined that tangible personal property
 1450  purchased or fabricated claiming exemption under this section
 1451  does not meet the criteria for exemption, the amount of taxes
 1452  not paid at the time of purchase or fabrication shall be
 1453  immediately due and payable to the Department of Revenue,
 1454  together with the appropriate interest and penalty, computed
 1455  from the date of purchase, in the manner prescribed by chapter
 1456  212.
 1457         (e) If a contractor fails to apply for a high-speed rail
 1458  system exemption permit, or if a contractor initially determined
 1459  by the department enterprise to not qualify for exemption is
 1460  subsequently determined to be eligible, the contractor shall
 1461  receive the benefit of the exemption in this subsection through
 1462  a refund of previously paid taxes for transactions that
 1463  otherwise would have been exempt. A refund may not be made for
 1464  such taxes without the issuance of a certification by the
 1465  department enterprise that the contractor was authorized to make
 1466  purchases tax-exempt and a determination by the Department of
 1467  Revenue that the purchases qualified for the exemption.
 1468         (f) The department enterprise may adopt rules governing the
 1469  application process for exemption of a contractor as an
 1470  authorized agent of the department enterprise.
 1471         (g) The Department of Revenue may adopt rules governing the
 1472  issuance and form of high-speed rail system exemption permits,
 1473  the audit of contractors and subcontractors using such permits,
 1474  the recapture of taxes on nonqualified purchases, and the manner
 1475  and form of refund applications.
 1476         Section 28. Effective July 1, 2023, paragraph (b) of
 1477  subsection (4) of section 343.58, Florida Statutes, is amended
 1478  to read:
 1479         343.58 County funding for the South Florida Regional
 1480  Transportation Authority.—
 1481         (4) Notwithstanding any other provision of law to the
 1482  contrary and effective July 1, 2010, until as provided in
 1483  paragraph (d), the department shall transfer annually from the
 1484  State Transportation Trust Fund to the South Florida Regional
 1485  Transportation Authority the amounts specified in subparagraph
 1486  (a)1. or subparagraph (a)2.
 1487         (b) Funding required by this subsection may not be provided
 1488  from the funds dedicated to the State Transportation Trust Fund
 1489  Florida Rail Enterprise pursuant to s. 201.15(4)(a)4.
 1490         Section 29. Paragraph (a) of subsection (4) of section
 1491  377.809, Florida Statutes, is amended to read:
 1492         377.809 Energy Economic Zone Pilot Program.—
 1493         (4)(a) Beginning July 1, 2012, all the incentives and
 1494  benefits provided for enterprise zones pursuant to state law
 1495  shall be available to the energy economic zones designated
 1496  pursuant to this section on or before July 1, 2010. In order to
 1497  provide incentives, by March 1, 2012, each local governing body
 1498  that has jurisdiction over an energy economic zone must, by
 1499  local ordinance, establish the boundary of the energy economic
 1500  zone, specify applicable energy-efficiency standards, and
 1501  determine eligibility criteria for the application of state and
 1502  local incentives and benefits in the energy economic zone.
 1503  However, in order to receive benefits provided under s. 288.106,
 1504  a business must be a qualified target industry business under s.
 1505  288.106 for state purposes. An energy economic zone’s boundary
 1506  may be revised by local ordinance. Such incentives and benefits
 1507  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 1508  288.106, and 624.5105 and the public utility discounts provided
 1509  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 1510  shall be for renewable energy as defined in s. 377.803. For
 1511  purposes of this section, any applicable requirements for
 1512  employee residency for higher refund or credit thresholds must
 1513  be based on employee residency in the energy economic zone or an
 1514  enterprise zone. A business in an energy economic zone may also
 1515  be eligible for funding under ss. 288.047 and 445.003, and a
 1516  transportation project in an energy economic zone shall be
 1517  provided priority in funding under s. 339.2821. Other projects
 1518  shall be given priority ranking to the extent practicable for
 1519  grants administered under state energy programs.
 1520         Section 30. Except as otherwise expressly provided in this
 1521  act, this act shall take effect July 1, 2020.