Senate Bill 0862er

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  1

  2         An act relating to innovative transportation

  3         financing; amending s. 212.0606, F.S.;

  4         redistributing certain proceeds of the rental

  5         car surcharge; providing appropriations;

  6         reducing certain service charges on local

  7         option fuel taxes; directing the Department of

  8         Transportation to allocate certain funds to

  9         implement the Mobility 2000 initiative;

10         providing appropriations; amending s. 320.072,

11         F.S.; revising language with respect to an

12         additional fee imposed on motor vehicles;

13         providing funding for the Mobility 2000

14         initiative and the Transportation Outreach

15         Program; amending s. 215.616, F.S.; providing

16         for state bonds; amending s. 338.251, F.S.,

17         increasing the amount of funds which may be

18         advanced to expressway authorities; amending s.

19         339.08, F.S.; authorizing expenditures of State

20         Transportation Trust Funds; amending 339.12,

21         F.S.; increasing the cap on the local

22         government advance reimbursement program;

23         creating s. 339.55, F.S.; providing for the

24         state-funded infrastructure bank; providing an

25         appropriation; creating s. 339.137, F.S.;

26         providing for the Transportation Outreach

27         Program; providing criteria for projects to be

28         funded by the Transportation Outreach Program;

29         creating s. 339.2818, F.S.; providing for the

30         Small County Outreach Program; creating s.

31         339.2817, F.S.; providing for the County


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  1         Incentive Grant Program; amending s. 427.0159,

  2         F.S.; providing an appropriation; providing

  3         exemption from certain chapter 206, F.S.,

  4         requirements; providing an effective date.

  5

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

  7

  8         Section 1.  Effective July 1, 2000, subsection (2) of

  9  section 212.0606, Florida Statutes, is amended to read:

10         212.0606  Rental car surcharge.--

11         (2)  Notwithstanding the provisions of section 212.20,

12  and less costs of administration, 80 75 percent of the

13  proceeds of this surcharge shall be deposited in the State

14  Transportation Trust Fund, 5 percent of the proceeds of this

15  surcharge shall be deposited in the General Revenue Fund,

16  15.75 percent of the proceeds of this surcharge shall be

17  deposited in the Tourism Promotional Trust Fund created in s.

18  288.122, and 4.25 percent of the proceeds of this surcharge

19  shall be deposited in the Florida International Trade and

20  Promotion Trust Fund.  For the purposes of this subsection,

21  "proceeds" of the surcharge means all funds collected and

22  received by the department under this section, including

23  interest and penalties on delinquent surcharges.

24         Section 2.  Notwithstanding the provisions of sections

25  215.20(1) and 215.20(3), Florida Statutes, the service charge

26  provided in sections 215.20(1) and 215.20(3), Florida

27  Statutes, which is deducted from the proceeds of the taxes

28  distributed under sections 206.606(1), 207.026, 212.0501(6),

29  and 319.32(5), Florida Statutes, shall be eliminated beginning

30  July 1, 2000.

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  1         Section 3.  Notwithstanding the provisions of sections

  2  215.20(1) and 215.20(3), Florida Statutes, the service charge

  3  provided in sections 215.20(1) and 215.20(3), Florida

  4  Statutes, which is deducted from the proceeds of the taxes

  5  distributed under sections 206.608 and 320.072(4), Florida

  6  Statutes, shall be eliminated beginning July 1, 2001.

  7         Section 4.  In fiscal year 2000-2001, $125 million is

  8  hereby appropriated from non-recurring General Revenue to the

  9  State Transportation Trust Fund for the purpose of

10  implementing the County Incentive Grant Program created in

11  section 339.2817, Florida Statutes, and the Small County

12  Outreach Program created in section 339.2818, Florida

13  Statutes.  In fiscal years 2001-2002 and 2002-2003, $125

14  million shall be appropriated annually from non-recurring

15  General Revenue to the State Transportation Trust Fund for the

16  purpose of implementing the County Incentive Grant Program

17  created in section 339.2817, Florida Statutes, and the Small

18  County Outreach Program created in section 339.2818, Florida

19  Statutes.  Up to 20 percent of such funds shall be used for

20  the purpose of implementing the Small County Outreach Program

21  as provided in this act.  Notwithstanding any other laws to

22  the contrary the requirements of sections 339.135, 339.155,

23  and 339.175, Florida Statutes, shall not apply to these funds

24  and programs.

25         Section 5.  Notwithstanding the provisions of section

26  215.20(1), Florida Statutes, the service charge provided in

27  section 215.20(1), Florida Statutes, which is deducted from

28  the proceeds of the local option fuel tax distributed under

29  section 336.025, Florida Statutes, shall be reduced as

30  follows:

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  1         (1)  For the period July 1, 2005, through June 30,

  2  2006, the rate of the service charge shall be 3.5 percent.

  3         (2)  Beginning July 1, 2006, and thereafter, no service

  4  charge shall be deducted from the proceeds of the local option

  5  fuel tax distributed under section 336.025, Florida Statutes.

  6

  7  The increased revenues derived from this section shall be

  8  deposited in the State Transportation Trust Fund and used to

  9  fund the County Incentive Grant Program and the Small County

10  Outreach Program.  Up to 20 percent of such funds shall be

11  used for the purpose of implementing the Small County Outreach

12  Program as provided in this act.  Notwithstanding any other

13  laws to the contrary the requirements of sections 339.135,

14  339.155, and 339.175, Florida Statutes, shall not apply to

15  these funds and programs.

16         Section 6.  Beginning in fiscal year 2000-2001 the

17  Department of Transportation shall allocate sufficient funds

18  to implement the Mobility 2000 (Building Roads for the 21st

19  Century) initiative. The department shall develop a plan to

20  expend these revenues and amend the current tentative work

21  program for the time period 2000-2001 through 2004-2005 prior

22  to adoption to include Mobility 2000 projects.  In addition,

23  prior to work program adoption, the department shall submit a

24  budget amendment pursuant to section 339.135(7), Florida

25  Statutes, requesting budget authority needed to implement the

26  Mobility 2000 initiative.  Funds will be used for corridors

27  that link Florida's economic regions to seaports,

28  international airports, and markets to provide connections

29  through major gateways, improved mobility in major urbanized

30  areas, and access routes for emergency evacuation to coastal

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  1  communities based on analysis of current and projected traffic

  2  conditions.

  3         Section 7.  In fiscal year 2000-2001, there is hereby

  4  appropriated $30 million from non-recurring General Revenue to

  5  the State Transportation Trust Fund to carry out the Mobility

  6  2000 initiative pursuant to section 6.  Any funds which result

  7  from this appropriation or which result from increased

  8  revenues to the State Transportation Trust Fund derived from

  9  sections 1 and 2 of this act, and which are remaining in

10  fiscal year 2000-2001 after the Mobility 2000 initiative is

11  funded shall be used by the Department of Transportation to

12  fund projects identified, prioritized, and unfunded in the

13  Florida Freight Stakeholders Task Force Report, or in the Year

14  2000 "Fast Track" Project Applications.  Pursuant to section

15  339.135(7), Florida Statutes, the department may amend the

16  work program to add the projects necessary to implement this

17  section.

18         Section 8.  For purposes of funding the following

19  projects, there is hereby appropriated from the State

20  Transportation Trust Fund the following amounts from increases

21  in revenue resulting from section 7:

22         (a)  Orlando - Sanford Airport/runway expansion -

23  Seminole Co. ($8,349,366);

24         (b)  79th Street Station - Hialeah - Dade Co.

25  ($2,000,000);

26         (c)  Hollywood Intermodal Initiative - Broward Co.

27  ($1,000,000);

28         (d)  Melbourne Airport - New Hanger Construction -

29  Brevard Co. ($834,937);

30         (e)  South Florida Rail Feasibility Study - Palm

31  Beach/Broward/Dade ($500,000). Funds provided for the South


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  1  Florida Rail Corridor Feasibility Study are to review the CSX,

  2  FEC and I-95 Corridors and their relation to land use in Palm

  3  Beach, Broward and Dade Counties. The department shall

  4  contract with the South Florida Regional Transportation

  5  Organization. The study shall be competitively bid under

  6  chapter 287;

  7         (f)  Atlantic Corridor - City of Miami Beach - Dade Co.

  8  ($450,000);

  9         (g)  Relocation Study - Panama City Airport

10  ($1,000,000).

11         (h)  County Road 210 - St. Johns County ($2,000,000).

12         Section 9.  In fiscal years 2001-2002 and 2002-2003,

13  $25 million shall be appropriated annually from non-recurring

14  General Revenue to the State Transportation Trust Fund, and

15  used to fund the Transportation Outreach Program created

16  pursuant to section 339.137, Florida Statutes.

17         Section 10.  Effective July 1, 2005, subsection (4) of

18  section 320.072, Florida Statutes, is amended to read:

19         320.072  Additional fee imposed on certain motor

20  vehicle registration transactions.--

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

22  the department shall promptly remit all moneys collected

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

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

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

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

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

28  deposited into the State Transportation Trust Fund.

29         Section 11.  Notwithstanding any other provision of

30  law, in fiscal year 2001-2002 and each year thereafter, the

31  increase in revenue to the State Transportation Trust Fund


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  1  derived from sections 1, 2, 3, 7, 9, and 10 of this act shall

  2  be first used by the Department of Transportation to fund the

  3  Mobility 2000 initiative and any remaining funds shall be used

  4  to fund the Transportation Outreach Program created pursuant

  5  to section 339.137, Florida Statutes.  Notwithstanding any

  6  other law to the contrary the requirements of ss. 206.46(3),

  7  206.606(2), Florida Statutes, shall not apply to the Mobility

  8  2000 Initiative.

  9         Section 12.  Subsection (7) is added to section

10  215.616, Florida Statutes, to read:

11         215.616  State bonds for federal aid highway

12  construction.--

13         (7)  Up to $325 million in bonds may be issued for the

14  Mobility 2000 initiative with emphasis on the Florida

15  Intrastate Highway System to advance projects in the most

16  cost-effective manner and to support emergency evacuation,

17  improved access to urban areas, or the enhancement of trade

18  and economic growth corridors of statewide and regional

19  significance which promote Florida's economic growth.

20         Section 13.  Subsection (5) of section 338.251, Florida

21  Statutes, is amended to read:

22         338.251  Toll Facilities Revolving Trust Fund.--The

23  Toll Facilities Revolving Trust Fund is hereby created for the

24  purpose of encouraging the development and enhancing the

25  financial feasibility of revenue-producing road projects

26  undertaken by local governmental entities in a county or

27  combination of contiguous counties.

28         (5)  No amount in excess of $1,500,000 $500,000

29  annually shall be advanced to any one governmental entity

30  pursuant to this section without specific appropriation by the

31  Legislature.


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  1         Section 14.  Subsection (2) of section 339.08, Florida

  2  Statutes, is amended to read:

  3         339.08  Use of moneys in State Transportation Trust

  4  Fund.--

  5         (2)  These rules must restrict the use of such moneys

  6  to the following purposes:

  7         (a)  To pay administrative expenses of the department,

  8  including administrative expenses incurred by the several

  9  state transportation districts, but excluding administrative

10  expenses of commuter rail authorities that do not operate rail

11  service.

12         (b)  To pay the cost of construction of the State

13  Highway System.

14         (c)  To pay the cost of maintaining the State Highway

15  System.

16         (d)  To pay the cost of public transportation projects

17  in accordance with chapter 341 and ss. 332.003-332.007.

18         (e)  To reimburse counties or municipalities for

19  expenditures made on projects in the State Highway System as

20  authorized by s. 339.12(4) upon legislative approval.

21         (f)  To pay the cost of economic development

22  transportation projects in accordance with s. 288.063.

23         (g)  To lend or pay a portion of the operating,

24  maintenance, and capital costs of a revenue-producing

25  transportation project that is located on the State Highway

26  System or that is demonstrated to relieve traffic congestion

27  on the State Highway System.

28         (h)  To match any federal-aid funds allocated for any

29  other transportation purpose, including funds allocated to

30  projects not located in the State Highway System.

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  1         (i)  To pay the cost of county road projects selected

  2  in accordance with the Small County Road Assistance Program

  3  created in s. 339.2816.

  4         (j)  To pay the cost of county or municipal road

  5  projects selected in accordance with the County Incentive

  6  Grant Program created in s. 339.2817, and the Small County

  7  Outreach Program created in s. 339.2818.

  8         (k)  To provide loans and credit enhancements for use

  9  in constructing and improving highway transportation

10  facilities selected in accordance with the State-funded

11  Infrastructure Bank created in s. 339.55.

12         (l)  To fund the Transportation Outreach Program

13  created in s. 339.137.

14         (m)(j)  To pay other lawful expenditures of the

15  department.

16         Section 15.  Paragraph (c) of subsection (4) of section

17  339.12, Florida Statutes, is amended to read:

18         339.12  Aid and contributions by governmental entities

19  for department projects; federal aid.--

20         (4)

21         (c) The department may is authorized to enter into

22  agreements under this subsection for a project or project

23  phase not included in the adopted work program.  As used in

24  this paragraph, the term "project phase" means acquisition of

25  rights-of-way, construction, construction inspection, and

26  related support phases.  The project or project phase must be

27  a high priority of the governmental entity.  Reimbursement for

28  a project or project phase must be made from funds

29  appropriated by the Legislature pursuant to s.

30  339.135(5).  All other provisions of this subsection apply to

31  agreements entered into under this paragraph.  At no time


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  1  shall The total amount of project agreements for projects or

  2  project phases not included in the adopted work program may

  3  not at any time exceed $100 $50 million.

  4         Section 16.  Section 339.55, Florida Statutes, is

  5  created to read:

  6         339.55  State-funded infrastructure bank.--

  7         (1)  There is created within the Department of

  8  Transportation a state-funded infrastructure bank for the

  9  purpose of providing loans and credit enhancements to

10  government units and private entities for use in constructing

11  and improving transportation facilities.

12         (2)  The bank may lend capital costs or provide credit

13  enhancements for a transportation facility project that is on

14  the State Highway System or that provides for increased

15  mobility on the state's transportation system. Loans from the

16  bank may be subordinated to senior project debt that has an

17  investment grade rating of "BBB" or higher.

18         (3)  Loans from the bank may bear interest at or below

19  market interest rates, as determined by the department.

20  Repayment of any loan from the bank shall commence not later

21  than 5 years after the project has been completed or, in the

22  case of a highway project, the facility has opened to traffic,

23  whichever is later, and shall be repaid in no more than 30

24  years.

25         (4)  Except as provided in s. 339.137, to be eligible

26  for consideration, projects must be consistent, to the maximum

27  extent feasible, with local metropolitan planning organization

28  plans and local government comprehensive plans and must

29  provide a dedicated repayment source to ensure the loan is

30  repaid to the bank.

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  1         (5)  The department may consider, but is not limited

  2  to, the following criteria for evaluation of projects for

  3  assistance from the bank:

  4         (a)  The credit worthiness of the project.

  5         (b)  A demonstration that the project will encourage,

  6  enhance, or create economic benefits.

  7         (c)  The likelihood that assistance would enable the

  8  project to proceed at an earlier date than would otherwise be

  9  possible.

10         (d)  The extent to which assistance would foster

11  innovative public-private partnerships and attract private

12  debt or equity investment.

13         (e)  The extent to which the project would use new

14  technologies, including intelligent transportation systems,

15  that would enhance the efficient operation of the project.

16         (f)  The extent to which the project would maintain or

17  protect the environment.

18         (g)  A demonstration that the project includes

19  transportation benefits for improving intermodalism and

20  safety.

21         (h)  The amount of the proposed assistance as a

22  percentage of the overall project costs with emphasis on local

23  and private participation.

24         (6)  Loan assistance provided by the bank shall be

25  included in the department's work program developed in

26  accordance with s. 339.135.

27         (7)  The department is authorized to adopt rules to

28  implement the state-funded infrastructure bank.

29         Section 17.  There is hereby appropriated $50 million

30  in fiscal year 2000-2001 from non-recurring General Revenue to

31  the State Transportation Trust Fund to carry out the


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  1  provisions of section 339.55, Florida Statutes, related to the

  2  state-funded infrastructure bank.  In fiscal years 2001-2002

  3  and 2002-2003, $50 million shall be appropriated annually from

  4  non-recurring General Revenue to the State Transportation

  5  Trust Fund to capitalize the state-funded infrastructure bank

  6  created in section 339.55, Florida Statutes.

  7         Section 18.  Section 339.137, Florida Statutes, is

  8  created to read:

  9         339.137  Transportation Outreach Program (TOP)

10  supporting economic development; administration; definitions;

11  eligible projects; Transportation Outreach Program (TOP)

12  Advisory Council created; limitations; funding.--

13         (1)  There is created within the Department of

14  Transportation, a Transportation Outreach Program (TOP)

15  dedicated to funding transportation projects of a high

16  priority based on the prevailing principles of preserving the

17  existing transportation infrastructure; enhancing Florida's

18  economic growth and competitiveness; and improving travel

19  choices to ensure mobility.

20         (2)  For purposes of this section, words and phrases

21  shall have the following meanings:

22         (a)  Preservation.--Protecting the state's

23  transportation infrastructure investment. Preservation

24  includes:

25         1.  Ensuring that 80 percent of the pavement on the

26  State Highway System meets department standards;

27         2.  Ensuring that 90 percent of department-maintained

28  bridges meet department standards; and

29         3.  Ensuring that the department achieves 100 percent

30  of acceptable maintenance standards on the state highway

31  system.


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  1         (b)  Economic Growth and Competitiveness.--Ensuring

  2  that state transportation investments promote economic

  3  activities which result in development or retention of income

  4  generative industries which increase per capita earned income

  5  in the state, and that such investments improve the state's

  6  economic competitiveness.

  7         (c)  Mobility.--Ensuring a cost-effective, statewide,

  8  interconnected transportation system.

  9         (d)  The term "regionally significant transportation

10  project of critical concern" means a transportation facility

11  improvement project located in one county which provides

12  significant enhancement of economic development opportunities

13  in an adjoining county or counties and which provides

14  improvements to a hurricane evacuation route.

15         (3)  Eligible projects include those for planning,

16  designing, acquiring rights-of-way for, or constructing the

17  following:

18         (a)  Major highway improvements.

19         1.  Florida Intrastate Highway System.

20         2.  Feeder roads which provide linkages to major

21  highways.

22         3.  Bridges of statewide or regional significance.

23         4.  Trade and economic development corridors.

24         5.  Access projects for freight and passengers.

25         6.  Hurricane evacuation routes.

26         (b)  Major public transportation projects.

27         1.  Seaport projects which improve cargo and passenger

28  movements.

29         2.  Aviation projects which increase passenger

30  enplanements and cargo activity.

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  1         3.  Transit projects which improve mobility on

  2  interstate highways, or which improve regional or localized

  3  travel.

  4         4.  Rail projects that facilitate the movement of

  5  passengers and cargo including ancillary pedestrian

  6  facilities.

  7         5.  Spaceport Florida Authority projects which improve

  8  space transportation capacity and facilities consistent with

  9  the provisions of s. 331.360.

10         6.  Bicycle and pedestrian facilities that add to or

11  enhance a statewide system of public trails.

12         (c)  Highway and bridge projects that facilitate

13  retention and expansion of military installations, or that

14  facilitate reuse and development of any military base

15  designated for closure by the federal government.

16         (5)  Transportation Outreach projects may be proposed

17  by any local government, regional organization, economic

18  development board, public or private partnership, metropolitan

19  planning organization, state agency, or other entity engaged

20  in economic development activities.

21         (6)  Transportation funding under this section shall

22  use the following mechanisms to prioritize proposed projects:

23         (a)  Economic development-related transportation

24  projects may compete for funding under the program. Projects

25  funded under this program should provide for increased

26  mobility on the state's transportation system.  Projects which

27  have local or private matching funds may be given priority

28  over other projects.

29         (b)  Establishment of a funding allocation under this

30  program reserved to quickly respond to transportation needs of

31  emergent economic competitiveness development projects that


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  1  may be outside of the routine project selection process. This

  2  funding may be used to match local or private contributions

  3  for transportation projects which meet the definition of

  4  economic competitiveness contained in this section.

  5         (c)  Establish innovative financing methods to enable

  6  the state to respond in a timely manner to major or emergent

  7  economic development-related transportation needs that require

  8  timely commitments. These innovative financing methods

  9  include, but are not limited to, the state infrastructure

10  bank, state bonds for right-of-way acquisition and bridge

11  construction, state bonds for fixed guideway transportation

12  systems, state bonds for federal aid highway construction,

13  funds previously programmed by the department for high-speed

14  rail development, and any other local, state, or federal funds

15  made available to the department.

16         (7)  In addition to complying with the prevailing

17  principles provided in subsection (1), to be eligible for

18  funding under the program projects must also meet the

19  following minimum criteria:

20         (a)  The project or project phase selected can be made

21  production-ready within a 5-year period following the end of

22  the current fiscal year.

23         (b)  The project is listed in an outer year of the

24  5-year work program and can be made production-ready and

25  advanced to an earlier year of the 5-year work program.

26         (c)  The project is consistent with a current

27  transportation system plan including, but not limited to, the

28  Florida Intrastate Highway System, aviation, intermodal/rail,

29  seaport, spaceport, or transit system plans.

30         (d)  The project is not inconsistent with an approved

31  local comprehensive plan of any local government within whose


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  1  boundaries the project is located in whole or in part or, if

  2  inconsistent, is accompanied by an explanation of why the

  3  project should be undertaken.

  4         (e)  One or more of the minimum criteria listed in

  5  paragraphs (a) through (d) may be waived for a statewide or

  6  regionally significant transportation project of critical

  7  concern.

  8         (8)  The Transportation Outreach Program (TOP) Advisory

  9  Council is created to annually make recommendations to the

10  Legislature on prioritization and selection of economic growth

11  projects as provided in this section.

12         (a)  The council shall consist of:

13         1.  Two representatives of private interests who are

14  directly involved in or affected by any mode of transportation

15  or tourism chosen by the Speaker of the House of

16  Representatives.

17         2.  Two representatives of private interests who are

18  directly involved in or affected by any mode of transportation

19  or tourism chosen by the President of the Senate.

20         3.  Three representatives of private or governmental

21  interests who are directly involved in or affected by any mode

22  of transportation or tourism chosen by the Governor.

23         (b)  Terms for council members shall be 2 years, and

24  each member shall be allowed one vote.

25         (c)  Initial appointments must be made no later than 60

26  days after this act takes effect. Vacancies in the council

27  shall be filled in the same manner as the initial

28  appointments.

29         (d)  The council shall hold its initial meeting no

30  later than 30 days after the members have been appointed in

31  order to organize and select a chair and vice chair from the


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  1  council membership. Meetings shall be held at the call of the

  2  chair, but not less frequently than quarterly.

  3         (e)  The members of the council shall serve without

  4  compensation, but shall be reimbursed for per diem and travel

  5  expenses as provided in s. 112.061. The department shall

  6  provide administrative staff support, travel and per diem

  7  expenses for the council.

  8         (9)  Because transportation investment plays a key role

  9  in economic development, the council and the department shall

10  actively participate in state and local economic development

11  programs, including:

12         (a)  Working in partnership with other state and local

13  agencies in business recruitment, expansion, and retention

14  activities to ensure early transportation input into these

15  activities.

16         (b)  Providing expertise and rapid response in

17  analyzing the transportation needs of emergent economic

18  development projects.

19         (c)  The council and department must develop a

20  macroeconomic analysis of the linkages between transportation

21  investment and economic performance, as well as a method to

22  quantifiably measure the economic benefits of the investments.

23         (10)  The council shall review and prioritize projects

24  submitted for funding under the program with priority given to

25  projects which comply with the prevailing principles provided

26  in subsection (1), and shall recommend to the Legislature a

27  transportation outreach program. The department shall provide

28  technical expertise and support as requested by the council,

29  and shall develop financial plans, cash forecast plans, and

30  program and resource plans necessary to implement this

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  1  program. These supporting documents shall be submitted with

  2  the transportation outreach program.

  3         (11)  Projects recommended for funding under the

  4  transportation outreach program shall be submitted to the

  5  Governor and the Legislature as a separate section of the

  6  department's tentative work program.  Final approval of the

  7  transportation outreach program shall be made by the

  8  Legislature through the General Appropriations Act. Program

  9  projects approved by the Legislature must be included in the

10  department's adopted work program.

11         (12)  For purposes of funding projects under the

12  program, the department shall allocate from the State

13  Transportation Trust Fund in its program and resource plan a

14  minimum of $60 million each year beginning in fiscal 2001-2002

15  for a transportation outreach program.  This funding is to be

16  reserved for projects to be funded under the transportation

17  outreach program.  This allocation of funds is in addition to

18  any funding provided to this program by any other provision of

19  law.

20         (13)  Notwithstanding any other law to the contrary the

21  requirements of ss. 206.46(3), 206.606(2), 339.135, 339.155,

22  and 339.175 shall not apply to the transportation outreach

23  program.

24         (14)  The department is authorized to adopt rules to

25  implement the transportation outreach program supporting

26  economic development.

27         Section 19.  Section 339.2818, Florida Statutes, is

28  created to read:

29         339.2818  Small County Outreach Program.--

30         (1)  There is created within the Department of

31  Transportation the Small County Outreach Program. The purpose


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  1  of this program is to assist small county governments in

  2  resurfacing or reconstructing county roads or in constructing

  3  capacity or safety improvements to county roads.

  4         (2)  For the purposes of this section, the term "small

  5  county" means any county that has a population of 150,000 or

  6  less as determined by the most recent official estimate

  7  pursuant to s. 186.901.

  8         (3)  Funds allocated under this program, pursuant to

  9  section 4 of this act are in addition to any funds provided

10  pursuant to s. 339.2816, for the Small County Road Assistance

11  Program.

12         (4)(a)  Small counties shall be eligible to compete for

13  funds that have been designated for the Small County Outreach

14  Program for projects on county roads.  The department shall

15  fund 75 percent of the cost of projects on county roads funded

16  under the program.

17         (b)  In determining a county's eligibility for

18  assistance under this program, the department may consider

19  whether the county has attempted to keep county roads in

20  satisfactory condition.

21         (c)  The following criteria shall be used to prioritize

22  road projects for funding under the program:

23         1.  The primary criterion is the physical condition of

24  the road as measured by the department.

25         2.  As secondary criteria the department may consider:

26         a.  Whether a road is used as an evacuation route.

27         b.  Whether a road has high levels of agricultural

28  travel.

29         c.  Whether a road is considered a major arterial

30  route.

31         d.  Whether a road is considered a feeder road.


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  1         e.  Other criteria related to the impact of a project

  2  on the public road system or on the state or local economy as

  3  determined by the department.

  4         (5)  The department is authorized to administer

  5  contracts on behalf of a county selected to receive funding

  6  for a project under this section. All projects funded under

  7  this section shall be included in the department's work

  8  program developed pursuant to s. 339.135.

  9         Section 20.  Section 339.2817, Florida Statutes, is

10  created to read:

11         339.2817  County Incentive Grant Program.--

12         (1)  There is created within the Department of

13  Transportation a County Incentive Grant Program for the

14  purpose of providing grants to counties, to improve a

15  transportation facility which is located on the State Highway

16  System or which relieves traffic congestion on the State

17  Highway System.

18         (2)  To be eligible for consideration, projects must be

19  consistent, to the maximum extent feasible, with local

20  metropolitan planning organization plans and local government

21  comprehensive plans.

22         (3)  The department must consider, but is not limited

23  to, the following criteria for evaluation of projects for

24  County Incentive Grant Program assistance:

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

26  enhance, or create economic benefits;

27         (b)  The likelihood that assistance would enable the

28  project to proceed at an earlier date than the project could

29  otherwise proceed;

30

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  1         (c)  The extent to which assistance would foster

  2  innovative public-private partnerships and attract private

  3  debt or equity investment;

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

  5  technologies, including intelligent transportation systems,

  6  which enhance the efficiency of the project;

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

  8  or protect the environment; and

  9         (f)  The extent to which the project includes

10  transportation benefits for improving intermodalism and

11  safety.

12         (4)  The percentage of matching funds provided from the

13  County Incentive Grant Program to the eligible county will be

14  based on the following:

15         (a) For projects on the Florida Intrastate Highway

16  System the department shall provide 60 percent of project

17  costs.

18         (b) For projects on the State Highway System the

19  department shall provide 50 percent of project costs.

20         (c) For local projects which are demonstrated to

21  relieve traffic congestion on the State Highway System the

22  department shall provide 35 percent of project costs.

23         (5) The department is authorized to adopt rules to

24  administer the County Incentive Grant Program.

25         (6) A municipality may apply to the county in which the

26  municipality is located for consideration by the county for

27  funding under this section of any project or project phase of

28  a transportation facility which is located on the state

29  highway system or which is demonstrated to relieve congestion

30  on the state highway system.  The county must evaluate all

31  municipal applications as provided in subsection (3).  If a


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  1  municipality's proposed project is rejected by the county for

  2  funding under this section, or if the county's proposed

  3  project adversely affects a municipality within the county,

  4  the municipality may request mediation to resolve any concerns

  5  of the municipality and the county.

  6         Section 21.  Subsections (2) and (3) of section

  7  427.0159, Florida Statutes, are redesignated as subsections

  8  (3) and (4), respectively, and a new subsection (2) is added

  9  to that section to read:

10         427.0159  Transportation Disadvantaged Trust Fund.--

11         (2)  Beginning on July 1, 2000, and annually

12  thereafter, $2,000,000, shall be allocated by the Department

13  of Transportation solely for providing additional funds as

14  provided in subsection (3) of s. 427.0159.  The allocation

15  provided in this section is contingent on Senate Bill 854 or

16  similar legislation becoming law.

17         Section 22.  Notwithstanding any other law to the

18  contrary the requirements of sections 206.46(3) and

19  206.606(2), Florida Statutes, shall not apply to any funding,

20  programs, or other provisions contained in this act.

21         Section 23.  This act shall take effect upon becoming a

22  law.

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