Does the Florida Transportation Commission oversee the Florida Statewide Passenger Rail Commission?

Plain-English summary

The chair of the Florida Transportation Commission (FTC) asked the Attorney General's office whether the FTC has oversight of the Florida Statewide Passenger Rail Commission. Because the rail commission had not joined the request, the office offered informal comments rather than a formal opinion, and stressed it was not opining on the rail commission's own powers.

The FTC, created by section 20.23(2), Florida Statutes, recommends transportation policy and reviews the state transportation system (highways, transit, rail, seaports, aviation), and monitors certain authorities created under Chapters 348 and 349. The Florida Statewide Passenger Rail Commission was created in 2009 by Chapter 2009-271 and codified at section 20.23(3); it monitors publicly funded passenger rail systems, including authorities under Chapters 343, 349, and 163 that receive public funds for passenger rail.

The office identified an apparent tension: the FTC's broad review authority seemed to overlap with what the rail commission now monitors. But it concluded the overlap was resolved against the FTC for the Chapter 343 authorities. The statute says the FTC does not have oversight of the Chapter 343 authorities that the rail commission monitors, and the bill's legislative history said the 2009 law "eliminates the Florida Transportation Commission's oversight of any regional transportation authority operating under the oversight of the newly created" rail commission. As the more specific and later-enacted provision, the 2009 statute (section 20.23(3)) controls over the earlier, more general section 20.23(2). The FTC keeps its general system-review role, but does not oversee the rail commission's monitored authorities.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Section 20.23(2) assigns the FTC to the Office of the Secretary of the Department of Transportation for administrative purposes while keeping it independent of the department. Its functions include recommending transportation policy, periodically reviewing the state transportation system, monitoring the department quarterly, and monitoring authorities under Chapters 348 and 349. Section 20.23(2)(c) bars the FTC from entering the day-to-day operation of the department or a monitored authority.

Section 20.23(3), added by Chapter 2009-271, created the rail commission to monitor publicly funded passenger rail systems, conduct periodic operational and budget reviews, and advise the department and Legislature, while preserving the FTC's performance and work-program monitoring. The rail commission is likewise assigned to the Secretary's office but functions independently, except that its reasonable expenses are subject to the Secretary's approval.

To resolve the overlap, the office applied the canons that a specific statute controls over a general one (McKendry v. State, 641 So. 2d 45 (Fla. 1994); Rowe v. Pinellas Sports Authority, 461 So. 2d 72 (Fla. 1984)) and that the later expression prevails over the earlier (Florida Association of Counties, Inc. v. Department of Administration, Division of Retirement, 580 So. 2d 641 (Fla. 1st DCA 1991)).

Citations and references

Statutes and session laws:

• § 20.23(2), Fla. Stat. (Florida Transportation Commission)
• § 20.23(3), Fla. Stat. (Florida Statewide Passenger Rail Commission)
• Ch. 2009-271, Laws of Fla. (creation of the rail commission)
• Chapters 343, 348, 349, 163, Fla. Stat. (transportation authorities)

Cases:

• McKendry v. State, 641 So. 2d 45 (Fla. 1994), specific controls over general
• Rowe v. Pinellas Sports Authority, 461 So. 2d 72 (Fla. 1984)
• Florida Association of Counties, Inc. v. Department of Administration, Division of Retirement, 580 So. 2d 641 (Fla. 1st DCA 1991), later expression prevails

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/fla-transportation-comm-rail-commission
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8179

Original opinion text

Ms. Martha Lanahan

Chair, Florida Transportation Commission

605 Suwannee Street

Tallahassee, Florida 32399-0450

Dear Ms. Lanahan:

You have asked for assistance in determining whether the Florida Transportation Commission (FTC) has oversight of the Florida Statewide Passenger Rail Commission (rail commission).

In light of the fact that this office has not been advised that the Florida Statewide Passenger Rail Commission joins in your request, the following discussion, while tangentially commenting upon the rail commission, is not meant to constitute an opinion of the Attorney General regarding the powers and duties of that commission. The following informal comments, however, are offered in order to be of some assistance.

Section 20.23(2), Florida Statutes, creates the Florida Transportation Commission, assigned to the Office of the Secretary of the Department of Transportation for administrative and fiscal accountability purposes, but otherwise functioning independently of the control and direction of the department.[1] The FTC’s primary functions, among others, are to:

"1. Recommend major transportation policies for the Governor’s approval, and assure that approved policies and any revisions thereto are properly executed.

2. Periodically review the status of the state transportation system including highway, transit, rail, seaport, intermodal development, and aviation components of the system and recommend improvements therein to the Governor and the Legislature.

• • *

5. Monitor on at least a quarterly basis, the efficiency, productivity, and management of the department, using performance and production standards developed by the commission pursuant to s. 334.045.

• • *

8. Monitor the efficiency, productivity, and management of the authorities created under chapters 348 and 349, including any authority formed using the provisions of part I of chapter 348 and any authority formed under chapter 343 which is not monitored under subsection (3). The commission shall also conduct periodic reviews of each authority’s operations and budget, acquisition of property, management of revenue and bond proceeds, and compliance with applicable laws and generally accepted accounting principles."[2] (e.s.)

Section 20.23(2)(c), specifically states that the FTC "may not enter into the day-to-day operation of the department or a monitored authority[.]" Moreover, the FTC does not have oversight of those authorities created in Chapter 343, Florida Statutes, which are monitored by the rail commission pursuant to section 20.23(3), Florida Statutes. Thus, while it would appear that the FTC has been granted the authority to review the status of the state transportation system, including rail operations, and recommend improvements to the Governor and the Legislature, the statute specifically states that it is not responsible for monitoring authorities created in Chapter 343, Florida Statutes, which are monitored by the rail commission under section 20.23(3), Florida Statutes.

The Florida Statewide Passenger Rail Commission was created in 2009 by Chapter 2009-271, Laws of Florida, with the primary functions of:

"1. Monitoring the efficiency, productivity, and management of all publicly funded passenger rail systems in the state, including, but not limited to, any authority created under chapter 343, chapter 349, or chapter 163 if the authority receives public funds for the provision of passenger rail service. The commission shall advise each monitored authority of its findings and recommendations. The commission shall also conduct periodic reviews of each monitored authority’s passenger rail and associated transit operations and budget, acquisition of property, management of revenue and bond proceeds, and compliance with applicable laws and generally accepted accounting principles. The commission may seek the assistance of the Auditor General in conducting such reviews and shall report the findings of such reviews to the Legislature. This paragraph does not preclude the Florida Transportation Commission from conducting its performance and work program monitoring responsibilities.

2. Advising the department on policies and strategies used in planning, designing, building, operating, financing, and maintaining a coordinated statewide system of passenger rail services.

3. Evaluating passenger rail policies and providing advice and recommendations to the Legislature on passenger rail operations in the state."[3] (e.s.)

The rail commission is assigned to the Office of the Secretary of the Department of Transportation for administrative and fiscal accountability purposes, but otherwise functions independently of the control and direction of the department, with the exception that the reasonable expenses of the commission are subject to approval by the secretary.[4]

There is an apparent discrepancy between the language in section 20.23(2), Florida Statutes, and the 2009 legislation in that the authority of the FTC to continue to monitor the programs of the department would seem contrary to the exclusion of those entities monitored by the rail commission. The legislative history of the bill creating the rail commission, however, states that the "bill eliminates the Florida Transportation Commission’s oversight of any regional transportation authority operating under the oversight of the newly created Florida Statewide Passenger Rail Commission."[5] Moreover, as the more specific and later in time, the provisions in the 2009 legislation, creating section 20.23(3), Florida Statutes, would appear to control over the earlier and more general provisions in section 20.23(2), Florida Statutes, governing the authority of the Florida Transportation Commission.[6]

I trust that these informal comments will be of assistance to you.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

[1] Section 20.23(2)(a)4, Fla. Stat.

[2] Section 20.23(2)(b), Fla. Stat.

[3] Section 20.23(3)(a), Fla. Stat.

[4] Sees. 20.23(3)(d), Fla. Stat.

[5] See The Florida Senate Bill Analysis and Fiscal Impact Statement, HB 1B, December 8, 2009.

[6] See McKendry v. State, 641 So. 2d 45 (Fla. 1994) (specific statute covering a particular subject area will control over a statute covering the same and other subjects in more general terms); Rowe v. Pinellas Sports Authority, 461 So. 2d 72 (Fla. 1984) (when a special act and a general law conflict, the special act will prevail); Florida Association of Counties, Inc. v. Department of Administration, Division of Retirement, 580 So. 2d 641 (Fla. 1st DCA 1991), approved, 595 So. 2d 42 (Fla. 1992) (general rule is that in cases of conflicting statutory provisions, latter expression will prevail over former).