Senate Bill sb2014

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    Florida Senate - 2007                                  SB 2014

    By Senator Dockery





    15-1783-07

  1                      A bill to be entitled

  2         An act relating to the work programs for

  3         transportation projects; amending s. 339.135,

  4         F.S.; providing that any amendment to a project

  5         under an adopted work program in the first 3

  6         years which will delay the project is subject

  7         to legislative approval; providing an effective

  8         date.

  9  

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

11  

12         Section 1.  Subsection (7) of section 339.135, Florida

13  Statutes, is amended to read:

14         339.135  Work program; legislative budget request;

15  definitions; preparation, adoption, execution, and

16  amendment.--

17         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

18         (a)  Notwithstanding the provisions of ss. 216.292 and

19  216.351, the adopted work program may be amended only pursuant

20  to the provisions of this subsection.

21         (b)  The department may not transfer any funds for any

22  project or project phase between department districts.

23  However, a district secretary may agree to a loan of funds to

24  another district, if:

25         1.  The funds are used solely to maximize the use or

26  amount of funds available to the state;

27         2.  The loan agreement is executed in writing and is

28  signed by the district secretaries of the respective

29  districts;

30         3.  Repayment of the loan is to be made within 3 years

31  after the date on which the agreement was entered into; and

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    Florida Senate - 2007                                  SB 2014
    15-1783-07




 1         4.  The adopted work program of the district loaning

 2  the funds would not be substantially impaired if the loan were

 3  made, according to the district secretary.

 4  

 5  The loan constitutes an amendment to the adopted work program

 6  and is subject to the procedures specified in paragraph (b).

 7         (c)  The department may amend the adopted work program

 8  to transfer fixed capital outlay appropriations  for projects

 9  within the same appropriations category or between

10  appropriations categories, including the following amendments,

11  which shall be subject to the procedures in paragraph (d):

12         1.  Any amendment that which deletes any project or

13  project phase;

14         2.  Any amendment that which adds a project estimated

15  to cost over $150,000 in funds appropriated by the

16  Legislature;

17         3.  Any amendment that which advances or defers to

18  another fiscal year, a right-of-way phase, a construction

19  phase, or a public transportation project phase estimated to

20  cost over $500,000 in funds appropriated by the Legislature,

21  except an amendment advancing or deferring a phase for a

22  period of 90 days or less; or

23         4.  Any amendment that which advances or defers to

24  another fiscal year, any preliminary engineering phase or

25  design phase estimated to cost over $150,000 in funds

26  appropriated by the Legislature, except an amendment advancing

27  or deferring a phase for a period of 90 days or less.

28         (d)1.  Whenever the department proposes any amendment

29  to the adopted work program, which amendment is defined in

30  subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or

31  subparagraph (c)4., it shall submit the proposed amendment to

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    Florida Senate - 2007                                  SB 2014
    15-1783-07




 1  the Governor for approval and shall immediately notify the

 2  chairs of the legislative appropriations committees, the

 3  chairs of the legislative transportation committees, each

 4  member of the Legislature who represents a district affected

 5  by the proposed amendment, each metropolitan planning

 6  organization affected by the proposed amendment, and each unit

 7  of local government affected by the proposed amendment. Such

 8  proposed amendment shall provide a complete justification of

 9  the need for the proposed amendment.

10         2.  The Governor shall not approve a proposed amendment

11  until 14 days following the notification required in

12  subparagraph 1.

13         3.  If either of the chairs of the legislative

14  appropriations committees or the President of the Senate or

15  the Speaker of the House of Representatives objects in writing

16  to a proposed amendment within 14 days following notification

17  and specifies the reasons for such objection, the Governor

18  shall disapprove the proposed amendment.

19         (e)  Notwithstanding the requirements in paragraphs (d)

20  and (g) and ss. 216.177(2) and 216.351, the secretary may

21  request the Executive Office of the Governor to amend the

22  adopted work program when an emergency exists, as defined in

23  s. 252.34(3), and the emergency relates to the repair or

24  rehabilitation of any state transportation facility. The

25  Executive Office of the Governor may approve the amendment to

26  the adopted work program and amend that portion of the

27  department's approved budget in the event that the delay

28  incident to the notification requirements in paragraph (d)

29  would be detrimental to the interests of the state. However,

30  the department shall immediately notify the parties specified

31  in paragraph (d) and shall provide such parties written

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    Florida Senate - 2007                                  SB 2014
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 1  justification for the emergency action within 7 days after of

 2  the approval by the Executive Office of the Governor of the

 3  amendment to the adopted work program and the department's

 4  budget. In no event may the adopted work program be amended

 5  under the provisions of this subsection without the

 6  certification by the comptroller of the department that there

 7  are sufficient funds available pursuant to the 36-month cash

 8  forecast and applicable statutes.

 9         (f)  The department may authorize the investment of the

10  earnings accrued and collected upon the investment of the

11  minimum balance of funds required to be maintained in the

12  State Transportation Trust Fund pursuant to paragraph (b).

13  Such investment shall be limited as provided in s.

14  288.9607(7).

15         (g)  Any work program amendment that which also

16  requires the transfer of fixed capital outlay appropriations

17  between categories within the department or the increase of an

18  appropriation category is subject to the approval of the

19  Legislative Budget Commission. If a meeting of the Legislative

20  Budget Commission cannot be held within 30 days after of the

21  department submits submitting an amendment to the Legislative

22  Budget Commission, then the chair and vice chair of the

23  Legislative Budget Commission may authorize such amendment to

24  be approved pursuant to the provisions of s. 216.177.

25         (h)  Any amendment to a project or project phase

26  scheduled within the first 3 years of the work program which

27  would have the effect of deleting or delaying programmed

28  improvements in traffic-carrying capacity, as typically

29  measured by a local government's concurrency management

30  system, is subject to the approval of the Legislature.

31         Section 2.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                                  SB 2014
    15-1783-07




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 2                          SENATE SUMMARY

 3    Provides that any amendment to a project under the
      adopted work program in the first 3 years which will
 4    delay the project is subject to legislative approval.

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