CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 812, 1985 Fla. App. LEXIS 13165
...he expenses with the state also bearing a portion of the expenses. The *405 Silver Palm has been providing daily service since November 1982. In 1984 the Legislature, through the enactment of Chapter 84-333, Laws of Florida, created Sections
341.301-
341.303, Florida Statutes, 3 which attempted to articulate the Department’s role with respect to the rail component of the state transportation plan for which plan the Department was responsible under the previously enacted 1978 Florida Public Tran...
...imilar legislation, extending transit service development beyond two years, becoming law. The bill referred to as CS/SB 869 was indeed enacted and became Chapter 84-333, supra. The particular provision thereof which spawned the instant litigation is Section 341.303(4)(d) which provides: (d) Any service development project funded under this section shall continue to be eligible for such funds in the third year of operation only if the project reaches an operating ratio of 60 percent or more during the second year....
...ncreased rail service, including measures that result in improved speed profiles, operations, or technological applications that lead to reductions in operating costs and increases in productivity or service. . Pertinent portions of Sections
341.301-
341.303 are set forth as follows:
341.302 Rail program duties and responsibilities of the department....
...ately owned rail systems. ****** (17) Exercise such functions, powers, and duties in connection with the rail component of the state transportation plan as may be necessary to develop a safe, efficient, and effective statewide transportation system. 341.303 Funding authorization and appropriations; eligibility and participation.— ****** (4) FUND PARTICIPATION; SERVICE DEVELOPMENT.— (a) The department is authorized to fund up to 50 percent of the capital and net operating costs of any eligible intercity or commuter rail service development project that is local in scope....
...Such standards shall be developed jointly with representatives of affected transit systems, with full consideration given to nationwide industry norms, and shall define the mínimums ac *407 ceptable to this state, as well as long-range goals. . We are not unaware of the definition of "net operating costs” found in 341.303(4)(e)....
...However, we find this definition to be inapplicable in determining whether AMTRAK subsidies are to be included in the "operating ratio,” because the term "net operating costs” is used to establish the amount for funding for eligible intercity or commuter rail service development projects ta 341.303(4)(a) & (b)....
