1 | A bill to be entitled |
2 | An act relating to the work programs for transportation |
3 | projects; amending s. 339.135, F.S.; providing that any |
4 | amendment to a project under an adopted work program in |
5 | the first 3 years which will delay the project is subject |
6 | to legislative approval; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsection (7) of section 339.135, Florida |
11 | Statutes, is amended to read: |
12 | 339.135 Work program; legislative budget request; |
13 | definitions; preparation, adoption, execution, and amendment.-- |
14 | (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-- |
15 | (a) Notwithstanding the provisions of ss. 216.292 and |
16 | 216.351, the adopted work program may be amended only pursuant |
17 | to the provisions of this subsection. |
18 | (b) The department may not transfer any funds for any |
19 | project or project phase between department districts. However, |
20 | a district secretary may agree to a loan of funds to another |
21 | district, if: |
22 | 1. The funds are used solely to maximize the use or amount |
23 | of funds available to the state; |
24 | 2. The loan agreement is executed in writing and is signed |
25 | by the district secretaries of the respective districts; |
26 | 3. Repayment of the loan is to be made within 3 years |
27 | after the date on which the agreement was entered into; and |
28 | 4. The adopted work program of the district loaning the |
29 | funds would not be substantially impaired if the loan were made, |
30 | according to the district secretary. |
31 |
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32 | The loan constitutes an amendment to the adopted work program |
33 | and is subject to the procedures specified in paragraph (b). |
34 | (c) The department may amend the adopted work program to |
35 | transfer fixed capital outlay appropriations for projects |
36 | within the same appropriations category or between |
37 | appropriations categories, including the following amendments, |
38 | which shall be subject to the procedures in paragraph (d): |
39 | 1. Any amendment that which deletes any project or project |
40 | phase; |
41 | 2. Any amendment that which adds a project estimated to |
42 | cost over $150,000 in funds appropriated by the Legislature; |
43 | 3. Any amendment that which advances or defers to another |
44 | fiscal year, a right-of-way phase, a construction phase, or a |
45 | public transportation project phase estimated to cost over |
46 | $500,000 in funds appropriated by the Legislature, except an |
47 | amendment advancing or deferring a phase for a period of 90 days |
48 | or less; or |
49 | 4. Any amendment that which advances or defers to another |
50 | fiscal year, any preliminary engineering phase or design phase |
51 | estimated to cost over $150,000 in funds appropriated by the |
52 | Legislature, except an amendment advancing or deferring a phase |
53 | for a period of 90 days or less. |
54 | (d)1. Whenever the department proposes any amendment to |
55 | the adopted work program, which amendment is defined in |
56 | subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or |
57 | subparagraph (c)4., it shall submit the proposed amendment to |
58 | the Governor for approval and shall immediately notify the |
59 | chairs of the legislative appropriations committees, the chairs |
60 | of the legislative transportation committees, each member of the |
61 | Legislature who represents a district affected by the proposed |
62 | amendment, each metropolitan planning organization affected by |
63 | the proposed amendment, and each unit of local government |
64 | affected by the proposed amendment. Such proposed amendment |
65 | shall provide a complete justification of the need for the |
66 | proposed amendment. |
67 | 2. The Governor shall not approve a proposed amendment |
68 | until 14 days following the notification required in |
69 | subparagraph 1. |
70 | 3. If either of the chairs of the legislative |
71 | appropriations committees or the President of the Senate or the |
72 | Speaker of the House of Representatives objects in writing to a |
73 | proposed amendment within 14 days following notification and |
74 | specifies the reasons for such objection, the Governor shall |
75 | disapprove the proposed amendment. |
76 | (e) Notwithstanding the requirements in paragraphs (d) and |
77 | (g) and ss. 216.177(2) and 216.351, the secretary may request |
78 | the Executive Office of the Governor to amend the adopted work |
79 | program when an emergency exists, as defined in s. 252.34(3), |
80 | and the emergency relates to the repair or rehabilitation of any |
81 | state transportation facility. The Executive Office of the |
82 | Governor may approve the amendment to the adopted work program |
83 | and amend that portion of the department's approved budget in |
84 | the event that the delay incident to the notification |
85 | requirements in paragraph (d) would be detrimental to the |
86 | interests of the state. However, the department shall |
87 | immediately notify the parties specified in paragraph (d) and |
88 | shall provide such parties written justification for the |
89 | emergency action within 7 days after of the approval by the |
90 | Executive Office of the Governor of the amendment to the adopted |
91 | work program and the department's budget. In no event may the |
92 | adopted work program be amended under the provisions of this |
93 | subsection without the certification by the comptroller of the |
94 | department that there are sufficient funds available pursuant to |
95 | the 36-month cash forecast and applicable statutes. |
96 | (f) The department may authorize the investment of the |
97 | earnings accrued and collected upon the investment of the |
98 | minimum balance of funds required to be maintained in the State |
99 | Transportation Trust Fund pursuant to paragraph (b). Such |
100 | investment shall be limited as provided in s. 288.9607(7). |
101 | (g) Any work program amendment that which also requires |
102 | the transfer of fixed capital outlay appropriations between |
103 | categories within the department or the increase of an |
104 | appropriation category is subject to the approval of the |
105 | Legislative Budget Commission. If a meeting of the Legislative |
106 | Budget Commission cannot be held within 30 days after of the |
107 | department submits submitting an amendment to the Legislative |
108 | Budget Commission, then the chair and vice chair of the |
109 | Legislative Budget Commission may authorize such amendment to be |
110 | approved pursuant to the provisions of s. 216.177. |
111 | (h) Any amendment to a project or project phase scheduled |
112 | within the first 3 years of the work program which would have |
113 | the effect of deleting or delaying programmed improvements in |
114 | traffic-carrying capacity, as typically measured by a local |
115 | government's concurrency management system, is subject to the |
116 | approval of the Legislature. |
117 | Section 2. This act shall take effect October 1, 2007. |