| 1 | The State Infrastructure Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to transportation; amending s. 338.2275, |
| 8 | F.S.; deleting obsolete provisions; revising the maximum |
| 9 | amount of bonds that are available for turnpike projects; |
| 10 | amending s. 212.0606, F.S.; providing for the imposition |
| 11 | by countywide referendum of an additional surcharge on the |
| 12 | lease or rental of a motor vehicle; providing an |
| 13 | exception; providing procedures and requirements for |
| 14 | imposing the surcharge; providing for time of effect of |
| 15 | the surcharge; providing for a methodology for |
| 16 | distribution of certain funds by the Department of Revenue |
| 17 | to certain counties; providing for the proceeds of the |
| 18 | surcharge to be transferred to the Local Option Fuel Tax |
| 19 | Trust Fund and used for the construction and maintenance |
| 20 | of state roads; amending s. 343.54, F.S.; revising |
| 21 | language relating to powers and duties of the South |
| 22 | Florida Regional Transportation Authority; deleting the |
| 23 | term "commuter rail"; amending s. 343.55, F.S.; providing |
| 24 | pledge to bondholders that the state will not alter |
| 25 | certain rights vested in the authority that affect the |
| 26 | rights of bondholders while bonds are outstanding; |
| 27 | amending s. 343.58, F.S.; revising provisions for funding |
| 28 | of the authority; requiring counties served by the |
| 29 | authority to annually transfer certain funds before a |
| 30 | certain date; removing provisions for sources of that |
| 31 | funding; removing authorization for a vehicle registration |
| 32 | tax; providing for a certain funding source for capital, |
| 33 | operating, and maintenance expenses; revising county |
| 34 | funding amounts to fund operations; providing for |
| 35 | cessation of specified county funding contributions and |
| 36 | providing for certain refunding of the contributions under |
| 37 | certain circumstances; revising timeframe for repeal of |
| 38 | specified funding provisions under certain circumstances; |
| 39 | providing an effective date. |
| 40 |
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| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
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| 43 | Section 1. Subsection (1) of section 338.2275, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 338.2275 Approved turnpike projects.-- |
| 46 | (1) Legislative approval of the department's tentative |
| 47 | work program that contains the turnpike project constitutes |
| 48 | approval to issue bonds as required by s. 11(f), Art. VII of the |
| 49 | State Constitution. No more than $6 billion of bonds may be |
| 50 | outstanding to fund approved turnpike projects. Turnpike |
| 51 | projects approved to be included in future tentative work |
| 52 | programs include, but are not limited to, projects contained in |
| 53 | the 2003-2004 tentative work program. A maximum of $4.5 billion |
| 54 | of bonds may be issued to fund approved turnpike projects. |
| 55 | Section 2. Section 212.0606, Florida Statutes, is amended |
| 56 | to read: |
| 57 | 212.0606 Rental car surcharge.-- |
| 58 | (1) A surcharge of $2 $2.00 per day or any part of a day |
| 59 | is imposed upon the lease or rental of a motor vehicle licensed |
| 60 | for hire and designed to carry fewer less than nine passengers, |
| 61 | regardless of whether such motor vehicle is licensed in Florida. |
| 62 | The surcharge applies to only the first 30 days of the term of |
| 63 | any lease or rental and. The surcharge is subject to all |
| 64 | applicable taxes imposed by this chapter. |
| 65 | (2)(a) Notwithstanding s. the provisions of section |
| 66 | 212.20, and less costs of administration, 80 percent of the |
| 67 | proceeds of the this surcharge imposed under subsection (1) |
| 68 | shall be deposited in the State Transportation Trust Fund, 15.75 |
| 69 | percent of the proceeds of this surcharge shall be deposited in |
| 70 | the Tourism Promotional Trust Fund created in s. 288.122, and |
| 71 | 4.25 percent of the proceeds of this surcharge shall be |
| 72 | deposited in the Florida International Trade and Promotion Trust |
| 73 | Fund. As used in For the purposes of this subsection, "proceeds" |
| 74 | of the surcharge means all funds collected and received by the |
| 75 | department under subsection (1) this section, including interest |
| 76 | and penalties on delinquent surcharges. The department shall |
| 77 | provide the Department of Transportation rental car surcharge |
| 78 | revenue information for the previous state fiscal year by |
| 79 | September 1 of each year. |
| 80 | (b) Notwithstanding any other provision of law, in fiscal |
| 81 | year 2007-2008 and each year thereafter, the proceeds deposited |
| 82 | in the State Transportation Trust Fund shall be allocated on an |
| 83 | annual basis in the Department of Transportation's work program |
| 84 | to each department district, except the Turnpike District. The |
| 85 | amount allocated for each district shall be based upon the |
| 86 | amount of proceeds attributed to the counties within each |
| 87 | respective district. |
| 88 | (3)(a) In addition to the surcharge imposed under |
| 89 | subsection (1), a county may impose by countywide referendum a |
| 90 | local surcharge of $2 per day or any part of a day upon the |
| 91 | lease or rental of a motor vehicle licensed for hire and |
| 92 | designed to carry fewer than nine passengers, regardless of |
| 93 | whether such motor vehicle is licensed in this state. The local |
| 94 | surcharge may be applied to only the first 30 days of the term |
| 95 | of any lease or rental. The local surcharge shall not apply to |
| 96 | the lease or rental of a motor vehicle by a person for the |
| 97 | period of time required to have a motor vehicle owned by the |
| 98 | person undergo maintenance or repair. The person must provide a |
| 99 | receipt for the cost of the maintenance or repair services and |
| 100 | documentation that the person owns the motor vehicle undergoing |
| 101 | maintenance or repair. The local surcharge is subject to all |
| 102 | applicable taxes imposed by this chapter. |
| 103 | (b) If the ordinance authorizing the imposition of the |
| 104 | local surcharge is approved by such referendum, a certified copy |
| 105 | of the ordinance shall be furnished by the county to the |
| 106 | department within 10 days after such approval, but no later than |
| 107 | November 16 prior to the effective date. The notice must specify |
| 108 | the time period during which the local surcharge will be in |
| 109 | effect and must include a copy of the ordinance and such other |
| 110 | information as the department may require by rule. Failure to |
| 111 | timely provide such notification to the department shall result |
| 112 | in the delay of the effective date for a period of 1 year. The |
| 113 | effective date for any county to impose the local surcharge |
| 114 | shall be January 1 following the year in which the ordinance was |
| 115 | approved by referendum. A local surcharge may not terminate on a |
| 116 | date other than December 31. |
| 117 | (c) Any local surcharge proceeds collected by a dealer |
| 118 | that fails to report surcharge collections by county as required |
| 119 | by paragraph (4)(b) shall be deposited into the Solid Waste |
| 120 | Management Trust Fund and then transferred to the Local Option |
| 121 | Fuel Tax Trust Fund as separate from the county surcharge |
| 122 | collection accounts. The department shall distribute funds in |
| 123 | this account, less the cost of administration, using a |
| 124 | distribution factor determined for each county that levies a |
| 125 | local surcharge, based upon the county's latest official |
| 126 | population determined pursuant to s. 186.901 and multiplied by |
| 127 | the amount of funds in the account and available for |
| 128 | distribution. |
| 129 | (d) Notwithstanding s. 212.20, and less the costs of |
| 130 | administration, the proceeds of the local surcharge imposed |
| 131 | under paragraph (a) shall be transferred to the Local Option |
| 132 | Fuel Tax Trust Fund for the purposes allowed under s. 206.60 and |
| 133 | distributed monthly by the department under s. 336.025(3)(a)1. |
| 134 | or (4)(a). As used in this subsection, "proceeds" of the local |
| 135 | surcharge means all funds collected and received by the |
| 136 | department under this subsection, including interest and |
| 137 | penalties on delinquent local surcharges. |
| 138 | (4)(3)(a) Except as provided in this section, the |
| 139 | department shall administer, collect, and enforce the surcharge |
| 140 | and local surcharge as provided in this chapter. |
| 141 | (b) The department shall require dealers to report |
| 142 | surcharge collections according to the county to which the |
| 143 | surcharge and local surcharge were was attributed. For purposes |
| 144 | of this section, the surcharge and local surcharge shall be |
| 145 | attributed to the county where the rental agreement was entered |
| 146 | into. |
| 147 | (c) Dealers who collect a the rental car surcharge shall |
| 148 | report to the department all surcharge and local surcharge |
| 149 | revenues attributed to the county where the rental agreement was |
| 150 | entered into on a timely filed return for each required |
| 151 | reporting period. The provisions of this chapter which apply to |
| 152 | interest and penalties on delinquent taxes shall apply to the |
| 153 | surcharge and local surcharge. The surcharge and local surcharge |
| 154 | shall not be included in the calculation of estimated taxes |
| 155 | pursuant to s. 212.11. The dealer's credit provided in s. 212.12 |
| 156 | shall not apply to any amount collected under this section. |
| 157 | (5)(4) The surcharge and any local surcharge imposed by |
| 158 | this section do does not apply to a motor vehicle provided at no |
| 159 | charge to a person whose motor vehicle is being repaired, |
| 160 | adjusted, or serviced by the entity providing the replacement |
| 161 | motor vehicle. |
| 162 | Section 3. Paragraph (b) of subsection (1) of section |
| 163 | 343.54, Florida Statutes, is amended to read: |
| 164 | 343.54 Powers and duties.-- |
| 165 | (1) |
| 166 | (b) It is the express intention of this part that the |
| 167 | authority be authorized to plan, develop, own, purchase, lease, |
| 168 | or otherwise acquire, demolish, construct, improve, relocate, |
| 169 | equip, repair, maintain, operate, and manage a transit system |
| 170 | and transit facilities; to establish and determine the policies |
| 171 | necessary for the best interest of the operation and promotion |
| 172 | of a transit system; and to adopt rules necessary to govern the |
| 173 | operation of a transit commuter rail system and transit commuter |
| 174 | rail facilities. It is the intent of the Legislature that the |
| 175 | South Florida Regional Transportation Authority shall have |
| 176 | overall authority to coordinate, develop, and operate a regional |
| 177 | transportation system within the area served. |
| 178 | Section 4. Subsection (4) is added to section 343.55, |
| 179 | Florida Statutes, to read: |
| 180 | 343.55 Issuance of revenue bonds.-- |
| 181 | (4) The state pledges to and agrees with any person, firm, |
| 182 | corporation, or federal or state agency subscribing to or |
| 183 | acquiring the bonds to be issued by the authority for the |
| 184 | purposes of the South Florida Regional Transportation Authority |
| 185 | Act that the state will not limit or alter the rights vested in |
| 186 | the authority under this section until all bonds at any time |
| 187 | issued and secured by revenues remitted to the authority |
| 188 | pursuant to s. 343.58, together with the interest thereon, are |
| 189 | fully paid and discharged insofar as the same affects the rights |
| 190 | of the holders of bonds issued under this section. |
| 191 | Section 5. Section 343.58, Florida Statutes, is amended to |
| 192 | read: |
| 193 | 343.58 County funding for the South Florida Regional |
| 194 | Transportation Authority.-- |
| 195 | (1) Each county served by the South Florida Regional |
| 196 | Transportation Authority must dedicate and transfer not less |
| 197 | than $2.67 million to the authority annually. The recurring |
| 198 | annual $2.67 million must be dedicated by the governing body of |
| 199 | each county prior to October 31 of each fiscal year by August 1, |
| 200 | 2003. Notwithstanding ss. 206.41 and 206.87, such dedicated |
| 201 | funding may come from each county's share of the ninth-cent fuel |
| 202 | tax, the local option fuel tax, or any other source of local gas |
| 203 | taxes or other nonfederal funds available to the counties. In |
| 204 | addition, the Legislature authorizes the levy of an annual |
| 205 | license tax in the amount of $2 for the registration or renewal |
| 206 | of registration of each vehicle taxed under s. 320.08 and |
| 207 | registered in the area served by the South Florida Regional |
| 208 | Transportation Authority. The annual license tax shall take |
| 209 | effect in any county served by the authority upon approval by |
| 210 | the residents in a county served by the authority. The annual |
| 211 | license tax shall be levied and the Department of Highway Safety |
| 212 | and Motor Vehicles shall remit the proceeds each month from the |
| 213 | tax to the South Florida Regional Transportation Authority. |
| 214 | (2) At least $45 million of a state-authorized, local- |
| 215 | option recurring funding source available to Broward, Miami- |
| 216 | Dade, and Palm Beach Counties shall be directed to the authority |
| 217 | to fund its capital, operating, and maintenance expenses. The |
| 218 | funding source shall be dedicated to the authority only if |
| 219 | Broward, Miami-Dade, and Palm Beach Counties each impose the |
| 220 | local-option funding source. |
| 221 | (3)(2) In addition, each county shall continue to annually |
| 222 | fund the operations of the South Florida Regional Transportation |
| 223 | Authority in an amount not less than $4.2 $1.565 million. |
| 224 | Revenue raised Such funds pursuant to this subsection shall also |
| 225 | be considered a dedicated funding source. |
| 226 | (4) The current funding obligations under subsections (1) |
| 227 | and (3) shall cease upon commencement of the collection of |
| 228 | funding from the funding source under subsection (2). Should the |
| 229 | funding under subsection (2) be discontinued for any reason, the |
| 230 | funding obligations under subsections (1) and (3) shall resume |
| 231 | when collection from the funding source under subsection (2) |
| 232 | ceases. Payment by the counties shall be on a pro rata basis the |
| 233 | first year following cessation of the funding under subsection |
| 234 | (2). The authority shall refund a pro rata share of the payments |
| 235 | for the current fiscal year made pursuant to the current funding |
| 236 | obligations under subsections (1) and (3) as soon as reasonably |
| 237 | practicable after it begins to receive funds under subsection |
| 238 | (2). |
| 239 | (5) If, by December 31, 2015 2009, the South Florida |
| 240 | Regional Transportation Authority has not received federal |
| 241 | matching funds based upon the dedication of funds under |
| 242 | subsection (1), subsection (1) shall be repealed. |
| 243 | Section 6. This act shall take effect July 1, 2006. |