1 | A bill to be entitled |
2 | An act relating to transportation projects; amending s. |
3 | 339.12, F.S.; revising provisions authorizing the |
4 | Department of Transportation to enter into an agreement |
5 | with another governmental entity to complete a project or |
6 | project phase that is not in the department's adopted work |
7 | program; specifying that the agreement may be long term; |
8 | removing certain limitations and requirements; providing |
9 | an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (4) of section 339.12, Florida |
14 | Statutes, is amended to read: |
15 | 339.12 Aid and contributions by governmental entities for |
16 | department projects; federal aid.-- |
17 | (4)(a) Prior to accepting the contribution of road bond |
18 | proceeds, time warrants, or cash for which reimbursement is |
19 | sought, the department shall enter into agreements with the |
20 | governing body of the governmental entity for the project or |
21 | project phases in accordance with specifications agreed upon |
22 | between the department and the governing body of the |
23 | governmental entity. The department in no instance is to receive |
24 | from such governmental entity an amount in excess of the actual |
25 | cost of the project or project phase. By specific provision in |
26 | the written agreement between the department and the governing |
27 | body of the governmental entity, the department may agree to |
28 | reimburse the governmental entity for the actual amount of the |
29 | bond proceeds, time warrants, or cash used on a highway project |
30 | or project phases that are not revenue producing and are |
31 | contained in the department's adopted work program, or any |
32 | public transportation project contained in the adopted work |
33 | program. Subject to appropriation of funds by the Legislature, |
34 | the department may commit state funds for reimbursement of such |
35 | projects or project phases. Reimbursement to the governmental |
36 | entity for such a project or project phase must be made from |
37 | funds appropriated by the Legislature, and reimbursement for the |
38 | cost of the project or project phase is to begin in the year the |
39 | project or project phase is scheduled in the work program as of |
40 | the date of the agreement. Funds advanced pursuant to this |
41 | section, which were originally designated for transportation |
42 | purposes and so reimbursed to a county or municipality, shall be |
43 | used by the county or municipality for any transportation |
44 | expenditure authorized under s. 336.025(7). Also, cities and |
45 | counties may receive funds from persons, and reimburse those |
46 | persons, for the purposes of this section. Such persons may |
47 | include, but are not limited to, those persons defined in s. |
48 | 607.01401(19). |
49 | (b) Prior to entering an agreement to advance a project or |
50 | project phase pursuant to this subsection and subsection (5), |
51 | the department shall first update the estimated cost of the |
52 | project or project phase and certify that the estimate is |
53 | accurate and consistent with the amount estimated in the adopted |
54 | work program. If the original estimate and the updated estimate |
55 | vary, the department shall amend the adopted work program |
56 | according to the amendatory procedures for the work program set |
57 | forth in s. 339.135(7). The amendment shall reflect all |
58 | corresponding increases and decreases to the affected projects |
59 | within the adopted work program. |
60 | (c) The department may enter into agreements under this |
61 | subsection for a project or project phase not included in the |
62 | adopted work program. As used in this paragraph, the term |
63 | "project phase" means acquisition of rights-of-way, |
64 | construction, construction inspection, and related support |
65 | phases. The project or project phase must be a high priority of |
66 | the governmental entity. The authority contained in this |
67 | paragraph is intended to permit the department to enter into |
68 | long-term repayment agreements of up to 30 years with no |
69 | requirement that the project or project phase be contained in |
70 | the adopted work program Reimbursement for a project or project |
71 | phase must be made from funds appropriated by the Legislature |
72 | pursuant to s. 339.135(5). All other provisions of this |
73 | subsection apply to agreements entered into under this |
74 | paragraph. The total amount of project agreements for projects |
75 | or project phases not included in the adopted work program may |
76 | not at any time exceed $100 million. However, notwithstanding |
77 | such $100 million limit and any similar limit in s. 334.30, |
78 | project advances for any inland county with a population greater |
79 | than 500,000 dedicating amounts equal to $500 million or more of |
80 | its Local Government Infrastructure Surtax pursuant to s. |
81 | 212.055(2) for improvements to the State Highway System which |
82 | are included in the local metropolitan planning organization's |
83 | or the department's long-range transportation plans shall be |
84 | excluded from the calculation of the statewide limit of project |
85 | advances. |
86 | Section 2. This act shall take effect July 1, 2008. |