Bill Text: FL S7054 | 2020 | Regular Session | Introduced
Bill Title: Transportation
Spectrum: Committee Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S7054 Detail]
Download: Florida-2020-S7054-Introduced.html
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.
