HB 0697 2004
1	A bill to be entitled
2	An act relating to public roads; amending s. 335.0415,
3	F.S.; providing specified exceptions to the public road
4	jurisdiction and transfer process; creating s. 335.04155,
5	F.S.; providing for county road relief under described
6	conditions; authorizing a county to assign to the
7	Department of Transportation responsibility for operation
8	and maintenance of county roads within the boundaries of
9	the county; providing for transfer of funds to the
10	department; authorizing the department to acquire and
11	administer funds; authorizing the department to perform
12	such operation and maintenance; providing for a county to
13	transfer roads or portions of roads to the State Highway
14	System; providing for a county to enter into an agreement
15	with the department for the establishment, operation, and
16	maintenance of any part of its transportation system and
17	related facilities and the acquisition, construction,
18	reconstruction, and maintenance of any roads and streets
19	on the county road system; providing for the department to
20	perform and administer the engineering services and
21	construction of designated transportation projects for a
22	county; amending s. 335.06, F.S.; requiring the department
23	to maintain access roads to the state park system;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Subsections (2), (3), and (5) of section
29	335.0415, Florida Statutes, are amended to read:
30	335.0415 Public road jurisdiction and transfer process.--
31	(2) Notwithstanding any provision of law to the contrary,
32	any change of the jurisdiction of a public road subsequent to
33	July 1, 1995, shall be governed by the provisions set out in
34	this section and s. 335.04155 herein.
35	(3) Except as provided in s. 335.04155,public roads may
36	be transferred between jurisdictions only by mutual agreement of
37	the affected governmental entities.
38	(5) In order to take effect, all transfers of public roads
39	to or from the State Highway System must be by mutual agreement
40	of the affected governmental entities and approved by the
41	secretary of the Department of Transportation, except as
42	provided in s. 335.04155.
43	Section 2. Section 335.04155, Florida Statutes, is created
44	to read:
45	335.04155 County road relief.--
46	(1)(a) Any county imposing the ninth-cent fuel tax and
47	local option fuel tax at the maximum rates allowed by law may by
48	a majority vote of the commissioners assign responsibility for
49	operation and maintenance of all county roads within the
50	boundaries of the county to the department pursuant to the
51	provisions of this subsection.
52	1.a. The county shall transfer, assign, or pay to the
53	department all unencumbered revenues received or to be received
54	by that county from the constitutional fuel tax which would
55	otherwise be used by the county for operating or maintaining
56	roads.
57	b. The county shall transfer, assign, or pay to the
58	department all unencumbered revenues received or to be received
59	by that county from the ninth-cent fuel tax and local option
60	fuel tax which would otherwise be used by the county for
61	operating or maintaining roads.
62	c. The county shall transfer or assign to the department
63	all unencumbered funds received or to be received by the county
64	from any grant, donation, or aid for the purpose of operating or
65	maintaining roads.
66	2. The department is authorized to request and receive any
67	grant, aid, gift, or donation; acquire, receive, hold, invest,
68	and administer securities, funds, objects of value, or other
69	property, real or personal; and make expenditures on behalf of
70	the county to or for the direct or indirect costs of maintaining
71	and operating its roads.
72	(b) The department is authorized to perform the operation
73	and maintenance of all roads on the county road system within
74	the boundaries of the county upon passage of the resolution
75	under paragraph (a).
76	(2) Notwithstanding s. 335.0415, any county with
77	insufficient funds to operate and maintain the county roads
78	within its boundaries that is imposing the ninth-cent fuel tax
79	and local option fuel tax at the maximum rates allowed by law
80	may transfer roads or portions of roads to the State Highway
81	System pursuant to the provisions of this subsection.
82	(a) Each year and until the county has sufficient funds
83	for the operation and maintenance of its roads, the
84	commissioners may by majority vote transfer up to 5 percent of
85	the county roads to the State Highway System.
86	(b) Notice of the transfer must be provided to the
87	department prior to September 1.
88	(c) The transfer shall take effect at the beginning of the
89	state fiscal year immediately following notice to the
90	department.
91	(d) The department shall have jurisdiction of any roads
92	transferred to the State Highway System under this subsection
93	and responsibility for operation and maintenance of such roads.
94	(e) Any funds allocated by the county, and any funds
95	allocated pursuant to s. 206.625 by the governing body of the
96	school district, for road projects on a road that is transferred
97	pursuant to this subsection may be reallocated by the county or
98	governing body of the school district to other projects as
99	allowed by law.
100	(3) Subject to the availability of funds provided by
101	specific appropriation by the Legislature, any county with
102	insufficient funds to operate and maintain the county roads
103	within its boundaries that is imposing the ninth-cent fuel tax
104	and local option fuel tax at the maximum rates allowed by law
105	may enter into an agreement with the department for the
106	establishment, operation, and maintenance of any part of its
107	transportation system and related facilities and the
108	acquisition, construction, reconstruction, and maintenance of
109	any roads and streets on the county road system within the
110	boundaries of the county.
111	(a) The agreement shall:
112	1. Be of such duration and scope as agreed to by the
113	commissioners and the Secretary of Transportation but shall not
114	exceed total available funds.
115	2. Specify funds to be provided by the county and funds to
116	be provided by the department which shall constitute the total
117	available funds for the project.
118	3. Specify any reimbursement to the department, as agreed
119	to by the commissioners, and that such reimbursement shall not
120	be considered available funds for the project.
121	(b) The department shall perform the establishment,
122	operation, and maintenance of the transportation facilities in
123	the county pursuant to and within the scope of the agreement
124	entered into under this subsection.
125	(c) In the event the county desires to enter into such an
126	agreement with the department, it must so indicate at the time
127	the county presents its annual budget.
128	(d) Priority for contracts under this subsection shall be
129	as provided in the specific appropriation and based on financial
130	need of the county and the condition of its roads.
131	(4)(a) Any county with insufficient funds to operate and
132	maintain the county roads within its boundaries that is imposing
133	the ninth-cent fuel tax and local option fuel tax at the maximum
134	rates allowed by law may designate by resolution the projects to
135	be undertaken, and the department may perform and administer the
136	engineering services and construction.
137	(b) In the event the county desires the department either
138	to perform or administer the engineering services or to
139	administer the construction, or both, it must so indicate at the
140	time the county presents its annual budget.
141	(5) Nothing in this section shall be construed to permit
142	the expenditure of public funds in such manner or for such
143	projects as would violate the State Constitution, state law, or
144	the trust indenture of any bond issue or which would cause the
145	state to lose any federal aid funds for highway or
146	transportation purposes, and the provisions of this section
147	shall be applied in a manner to avoid such result.
148	Section 3. Section 335.06, Florida Statutes, is amended to
149	read:
150	335.06 Access roads to the state park system.--Any road
151	which provides access to property within the state park system
152	shall be maintained by the department if the road is a part of
153	the State Highway System or shall be maintained by the
154	appropriate county or municipality if the road is a part of the
155	county road system or the city street system.
156	Section 4. This act shall take effect July 1, 2004.