High Speed Rail Act

The Florida Legislature in Special Session in December 2009 enacted ss. 341.8201-341.842, Fla. Stat., known as the High Speed Rail Act.

Section 341.822, Fla. Stat., in particular, creates the Florida Rail Enterprise and sets forth the specific method for implementing high speed rail, stating that:


 * (1) The enterprise shall locate, plan, design, finance, construct, maintain, own, operate, administer, and manage the high-speed rail system in the state.
 * (2)
 * (a) In addition to the powers granted to the department, the enterprise has full authority to exercise all powers granted to it under this chapter. Powers shall include, but are not limited to, the ability to plan, construct, maintain, repair, and operate a highspeed rail system, to acquire corridors, and to coordinate the development and operation of publicly funded passenger rail systems in the state.
 * (b) It is the express intention of ss. 341.8201-34l.842 that the enterprise be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage the high-speed rail system; to expend funds to publicize, advertise, and promote the advantages of using the high-speed rail system and its facilities; and to cooperate, coordinate, partner, and contract with other entities, public and private, to accomplish these purposes.
 * (3) The enterprise shall have the authority to employ procurement methods available to the department under chapters 255, 287, 334, and 337, or otherwise in accordance with law. The enterprise may also solicit proposals and, with legislative approval as evidenced by approval of the project in the department's work program, enter into agreements with private entities, or consortia thereof, for the building, operation, ownership, or financing of the high-speed rail system.
 * (4) The executive director of the enterprise shall appoint staff, who shall be exempt from part II of chapter 110.
 * (5) The powers conferred upon the enterprise under ss. 341.8201-341.842 shall be in addition and supplemental to the existing powers of the department, and these powers shall not be construed as repealing any provision of any other law, general or local, but shall supersede such other laws that are inconsistent with the exercise of the powers provided under ss. 341.8201-341.842 and provide a complete method for the exercise of such powers granted.
 * (6) Any proposed rail enterprise proj ect or improvement shall be developed in accordance with the Florida Transportation Plan and the work program under s. 339.135.