HB 1491

1
A bill to be entitled
2An act relating to transportation projects; amending s.
3339.12, F.S.; revising provisions authorizing the
4Department of Transportation to enter into an agreement
5with another governmental entity to complete a project or
6project phase that is not in the department's adopted work
7program; specifying that the agreement may be long term;
8removing certain limitations and requirements; providing
9an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (4) of section 339.12, Florida
14Statutes, is amended to read:
15     339.12  Aid and contributions by governmental entities for
16department projects; federal aid.--
17     (4)(a)  Prior to accepting the contribution of road bond
18proceeds, time warrants, or cash for which reimbursement is
19sought, the department shall enter into agreements with the
20governing body of the governmental entity for the project or
21project phases in accordance with specifications agreed upon
22between the department and the governing body of the
23governmental entity. The department in no instance is to receive
24from such governmental entity an amount in excess of the actual
25cost of the project or project phase. By specific provision in
26the written agreement between the department and the governing
27body of the governmental entity, the department may agree to
28reimburse the governmental entity for the actual amount of the
29bond proceeds, time warrants, or cash used on a highway project
30or project phases that are not revenue producing and are
31contained in the department's adopted work program, or any
32public transportation project contained in the adopted work
33program. Subject to appropriation of funds by the Legislature,
34the department may commit state funds for reimbursement of such
35projects or project phases. Reimbursement to the governmental
36entity for such a project or project phase must be made from
37funds appropriated by the Legislature, and reimbursement for the
38cost of the project or project phase is to begin in the year the
39project or project phase is scheduled in the work program as of
40the date of the agreement. Funds advanced pursuant to this
41section, which were originally designated for transportation
42purposes and so reimbursed to a county or municipality, shall be
43used by the county or municipality for any transportation
44expenditure authorized under s. 336.025(7). Also, cities and
45counties may receive funds from persons, and reimburse those
46persons, for the purposes of this section. Such persons may
47include, but are not limited to, those persons defined in s.
48607.01401(19).
49     (b)  Prior to entering an agreement to advance a project or
50project phase pursuant to this subsection and subsection (5),
51the department shall first update the estimated cost of the
52project or project phase and certify that the estimate is
53accurate and consistent with the amount estimated in the adopted
54work program. If the original estimate and the updated estimate
55vary, the department shall amend the adopted work program
56according to the amendatory procedures for the work program set
57forth in s. 339.135(7). The amendment shall reflect all
58corresponding increases and decreases to the affected projects
59within the adopted work program.
60     (c)  The department may enter into agreements under this
61subsection for a project or project phase not included in the
62adopted work program. As used in this paragraph, the term
63"project phase" means acquisition of rights-of-way,
64construction, construction inspection, and related support
65phases. The project or project phase must be a high priority of
66the governmental entity. The authority contained in this
67paragraph is intended to permit the department to enter into
68long-term repayment agreements of up to 30 years with no
69requirement that the project or project phase be contained in
70the adopted work program Reimbursement for a project or project
71phase must be made from funds appropriated by the Legislature
72pursuant to s. 339.135(5). All other provisions of this
73subsection apply to agreements entered into under this
74paragraph. The total amount of project agreements for projects
75or project phases not included in the adopted work program may
76not at any time exceed $100 million. However, notwithstanding
77such $100 million limit and any similar limit in s. 334.30,
78project advances for any inland county with a population greater
79than 500,000 dedicating amounts equal to $500 million or more of
80its Local Government Infrastructure Surtax pursuant to s.
81212.055(2) for improvements to the State Highway System which
82are included in the local metropolitan planning organization's
83or the department's long-range transportation plans shall be
84excluded from the calculation of the statewide limit of project
85advances.
86     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.