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.