Senate Bill 0862

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    Florida Senate - 2000                                   SB 862

    By the Committee on Transportation





    306-718-00

  1                      A bill to be entitled

  2         An act relating to economic development

  3         transportation programs; amending ss. 212.0606,

  4         320.072, F.S.; redistributing specified

  5         proceeds into the State Transportation Trust

  6         Fund; amending s. 338.251, F.S.; increasing the

  7         amount of funds which may be advanced to

  8         expressway authorities; amending s. 339.175,

  9         F.S.; establishing freight mobility committees

10         within certain metropolitan planning

11         organizations; creating s. 339.2817, F.S.;

12         providing for the County Incentive Grant

13         Program; creating s. 341.054, F.S.; providing

14         for the Economic Growth Transportation Program

15         within the Department of Transportation;

16         providing for a transfer of general revenue

17         funds to the State Transportation Trust Fund;

18         providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsection (2) of section 212.0606, Florida

23  Statutes, is amended to read:

24         212.0606  Rental car surcharge.--

25         (2)  Notwithstanding the provisions of s. 212.20, and

26  less costs of administration, 80 75 percent of the proceeds of

27  this surcharge shall be deposited in the State Transportation

28  Trust Fund, 5 percent of the proceeds of this surcharge shall

29  be deposited in the General Revenue Fund, 15.75 percent of the

30  proceeds of this surcharge shall be deposited in the Tourism

31  Promotional Trust Fund created in s. 288.122, and 4.25 percent

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    Florida Senate - 2000                                   SB 862
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  1  of the proceeds of this surcharge shall be deposited in the

  2  Florida International Trade and Promotion Trust Fund.  For the

  3  purposes of this subsection, "proceeds" of the surcharge means

  4  all funds collected and received by the department under this

  5  section, including interest and penalties on delinquent

  6  surcharges.

  7         Section 2.  Subsection (4) of section 320.072, Florida

  8  Statutes, is amended to read:

  9         320.072  Additional fee imposed on certain motor

10  vehicle registration transactions.--

11         (4)  A tax collector or other duly authorized agent of

12  the department shall promptly remit all moneys collected

13  pursuant to this section to, less any refunds granted pursuant

14  to subsection (3), to the department. The department shall

15  deposit 30 percent of such moneys as they are received into

16  the General Revenue Fund. The remainder of the proceeds, after

17  deducting the service charge imposed by s. 215.20, shall be

18  deposited into the State Transportation Trust Fund.

19         Section 3.  Subsection (5) of section 338.251, Florida

20  Statutes, is amended to read:

21         338.251  Toll Facilities Revolving Trust Fund.--The

22  Toll Facilities Revolving Trust Fund is hereby created for the

23  purpose of encouraging the development and enhancing the

24  financial feasibility of revenue-producing road projects

25  undertaken by local governmental entities in a county or

26  combination of contiguous counties.

27         (5)  No amount in excess of $1.5 million $500,000

28  annually shall be advanced to any one governmental entity

29  pursuant to this section without specific appropriation by the

30  Legislature.

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    Florida Senate - 2000                                   SB 862
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  1         Section 4.  Paragraph (i) is added to subsection (5) of

  2  section 339.175, Florida Statutes, to read:

  3         339.175  Metropolitan planning organization.--It is the

  4  intent of the Legislature to encourage and promote the safe

  5  and efficient management, operation, and development of

  6  surface transportation systems that will serve the mobility

  7  needs of people and freight within and through urbanized areas

  8  of this state while minimizing transportation-related fuel

  9  consumption and air pollution. To accomplish these objectives,

10  metropolitan planning organizations, referred to in this

11  section as M.P.O.'s, shall develop, in cooperation with the

12  state and public transit operators, transportation plans and

13  programs for metropolitan areas. The plans and programs for

14  each metropolitan area must provide for the development and

15  integrated management and operation of transportation systems

16  and facilities, including pedestrian walkways and bicycle

17  transportation facilities that will function as an intermodal

18  transportation system for the metropolitan area.  The process

19  for developing such plans and programs shall provide for

20  consideration of all modes of transportation and shall be

21  continuing, cooperative, and comprehensive, to the degree

22  appropriate, based on the complexity of the transportation

23  problems to be addressed.

24         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

25  privileges, and authority of an M.P.O. are those specified in

26  this section or incorporated in an interlocal agreement

27  authorized under s. 163.01.  Each M.P.O. shall perform all

28  acts required by federal or state laws or rules, now and

29  subsequently applicable, which are necessary to qualify for

30  federal aid. It is the intent of this section that each M.P.O.

31  shall be involved in the planning and programming of

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    Florida Senate - 2000                                   SB 862
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  1  transportation facilities, including, but not limited to,

  2  airports, intercity and high-speed rail lines, seaports, and

  3  intermodal facilities, to the extent permitted by state or

  4  federal law.

  5         (i)  Each M.P.O. located within a transportation

  6  management area which is designated pursuant to Title 23

  7  U.S.C. s. 134 must establish a freight mobility committee. The

  8  committee must, at a minimum, advise the M.P.O. concerning the

  9  movement of freight and tourism within the M.P.O. and the

10  relationship of freight traffic with adjoining M.P.O.'s. The

11  M.P.O. shall appoint the chairperson or the chairperson's

12  designee from the freight mobility committee to the M.P.O.'s

13  technical advisory committee. Members of the freight mobility

14  committee will serve at the pleasure of the M.P.O.

15         Section 5.  Section 339.2817, Florida Statutes, is

16  created to read:

17         339.2817  County Incentive Grant Program.--

18         (1)  Notwithstanding the provisions of s. 215.20(1),

19  the service charge provided in s. 215.20(1) which is deducted

20  from the proceeds of the taxes distributed under ss. 206.606,

21  206.608, 206.9845, 207.026, 212.0501, 212.0606, 319.32(5), and

22  320.072(4) shall be reduced to 4 percent beginning July 1,

23  2001.

24         (2)  There is created within the department a County

25  Incentive Grant Program for the purpose of providing grants to

26  counties for use in any project or project phase of

27  transportation facilities located on the State Highway System

28  or demonstrated to relieve traffic congestion on the State

29  Highway System.

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  1         (3)  Up to $100 million annually from the State

  2  Transportation Trust Fund may be used for the purposes of

  3  funding the County Incentive Grant Program.

  4         (4)  To be eligible for consideration, projects must be

  5  consistent, to the maximum extent feasible, with local

  6  Metropolitan Planning Organization plans and local government

  7  comprehensive plans.

  8         (5)  The department must consider, but is not limited

  9  to, the following criteria for evaluation of projects for

10  County Incentive Grant Program assistance:

11         (a)  The extent to which the project will encourage,

12  enhance, or create economic benefits;

13         (b)  The likelihood that assistance would enable the

14  project to proceed at an earlier date than the project would

15  otherwise be able to proceed;

16         (c)  The extent to which assistance would foster

17  innovative public-private partnerships and attract private

18  debt or equity investment;

19         (d)  The extent to which the project uses new

20  technologies, including intelligent transportation systems

21  which enhance the efficiency of the project;

22         (e)  The extent to which the project helps to maintain

23  or protect the environment;

24         (f)  The extent to which the project includes

25  transportation benefits for improving intermodalism and

26  safety; and

27         (g)  The size of the proposed County Incentive Grant

28  Program assistance as a percent of the overall project costs

29  with encouragement for local and private participation.

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  1         (6)  The percentage of matching funds provided from the

  2  County Incentive Grant Program to the eligible county will be

  3  determined on the following scoring system:

  4         (a)  Counties that have adopted both the 5-cent and the

  5  1-cent local option gas taxes shall receive one point.

  6         (b)  Counties that have spent, during the 2 years

  7  preceding the application, an average of 0.5 mills of ad

  8  valorem tax or other general revenue fund revenues on

  9  transportation shall receive one point, plus one-quarter point

10  for each mill over 0.5 mills.

11         (c)  Counties that have dedicated 0.25 percent of their

12  local sales tax revenue to transportation shall receive one

13  point, plus one-half point for each 0.25 percent in additional

14  transportation sales tax revenue.

15         (d)  Counties that contribute 10 percent or more of the

16  total amount of funds distributed to the State Transportation

17  Trust Fund from the rental car surcharge as determined by the

18  Department of Revenue and verified by the State Revenue

19  Estimating Conference shall receive one-half point.

20         (e)  Counties that enforce a transportation impact fee

21  shall receive one-half point.

22         (7)  The percentage of matching funds provided from the

23  County Incentive Grant to the appropriate county will be

24  determined as follows:

25         (a)  All counties that meet or exceed a cumulative

26  score of 4.0 by using the identified local funding options are

27  eligible for 40-percent matching funds. However, if the

28  proposed project is directly on the State Highway System, the

29  county is eligible for 50-percent matching funds.

30         (b)  All counties that achieve a cumulative score of

31  3.9 to 2.5 by using the identified local funding options are

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    Florida Senate - 2000                                   SB 862
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  1  eligible for 30-percent matching funds. However, if the

  2  proposed project is directly on the State Highway System, the

  3  county is eligible for 40-percent matching funds.

  4         (c)  Counties that achieve a cumulative score of 2.49

  5  to 1.5 by using the identified local funding options are

  6  eligible for 20-percent matching funds. However, if the

  7  proposed project is directly on the State Highway System, the

  8  county is eligible for 30-percent matching funds.

  9         (8)  When more than one county submits an application

10  for a joint project, the combined points of the counties

11  applying will determine the matching amount for the joint

12  project.

13         Section 6.  Section 341.054, Florida Statutes, is

14  created to read:

15         341.054  Economic Growth Transportation Program;

16  administration; eligible projects; limitations.--There is

17  created within the Department of Transportation an Economic

18  Growth Transportation Program dedicated to catalyzing or

19  accelerating transportation projects that substantially

20  improve the state's economic competitiveness. The department

21  shall administer the Economic Growth Transportation Program.

22         (2)  Eligible projects include those for planning,

23  designing, acquiring rights-of-way for, or constructing

24  freight rail, passenger rail, transit, aviation, seaport, and

25  intermodal infrastructure that carries or would carry

26  substantial flows of domestic or international trade and

27  tourism.

28         (3)  Economic Growth projects may be proposed by any

29  local government, regional organization, economic development

30  board, public or private partnership, metropolitan planning

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  1  organization, state agency, or other statewide group engaged

  2  in economic development activities.

  3         (4)  To be eligible for funding under this section, a

  4  proposed project must be:

  5         (a)  Consistent, to the maximum extent feasible, with

  6  approved local government comprehensive plans of the units of

  7  local government in which the project is located.

  8         (b)  Identified as part of the Florida Strategic

  9  Freight Network as defined by the department.

10         (c)  Prioritized in accordance with the prioritization

11  method adopted by the department.

12         (5)  The Economic Growth Advisory Council is created to

13  advise the department on project prioritization and selection

14  of economic growth projects. The primary goal for the council

15  is the annual identification and prioritization of freight

16  related projects and the development of recommendations for

17  improving the movement of freight and tourism traffic in this

18  state. Terms for council members will be 2 years, and each

19  member will be allowed one vote. The council will consist of:

20         (a)  Two representatives of private interests who are

21  directly involved or affected by freight operations and goods

22  movement, chosen by the Speaker of the House of

23  Representatives;

24         (b)  Two representatives of private interests who are

25  directly involved or affected by freight operations and goods

26  movement, chosen by the President of the Senate;

27         (c)  One representative of the Metropolitan Planning

28  Organization Advisory Council chosen by the Metropolitan

29  Planning Organization Advisory Council; and 

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  1         (d)  Two representatives of private interests who are

  2  directly involved or affected by freight operations and goods

  3  movement, chosen by the Governor.

  4         (6)  The prioritized projects shall be included in the

  5  department's tentative work program submitted to the Governor

  6  and the Legislature.

  7         (7)  Funding for Economic Growth projects will come

  8  from existing public transportation appropriations, and may

  9  not exceed $70 million annually.

10         Section 7.  In Fiscal Year 2000-2001 and in Fiscal Year

11  2001-2002, $300 million annually shall be transferred from the

12  General Revenue Fund to the State Transportation Trust Fund.

13  The funds must be used on the Florida Intrastate Highway

14  System for projects that support economic development,

15  emergency evacuation, or improved access to urban areas.

16         Section 8.  This act shall take effect upon becoming a

17  law.

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19            *****************************************

20                          SENATE SUMMARY

21    Redistributes specified surcharges and fees into the
      State Transportation Trust Fund. Increases the amount of
22    funds which may be advanced to expressway authorities.
      Establishes freight mobility committees. Creates the
23    County Incentive Grant Program and the Economic Growth
      Transportation Program within the Department of
24    Transportation. Provides for the transfer of funds from
      the General Revenue Fund to the State Transportation
25    Trust Fund for the next 2 fiscal years.

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