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A bill to be entitled

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An act relating to transportation and transit authorities;

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amending s. 120.52, F.S.; revising the definition of

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"agency" to exclude any transportation or transit

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authority established under ch. 343, F.S., from the

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provisions of the Administrative Procedure Act; amending

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s. 212.0606, F.S.; requiring a certain percentage of the

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proceeds from the rental car surcharge collected in

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counties served by the South Florida Regional

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Transportation Authority to be deposited in an account

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held by the authority; requiring the Department of Revenue

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to provide information regarding such surcharge to the

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authority each year by a specified date; amending ss.

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341.303 and 343.58, F.S.; providing that the Department of

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Transportation is relieved of certain funding obligations

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if a recurring funding source, including the rental car

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surcharge, is dedicated to the South Florida Regional

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Transportation Authority; providing that counties served

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by the authority may be relieved of their funding

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obligations under certain circumstances; providing an

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effective date.

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

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     Section 1.  Subsection (1) of section 120.52, Florida

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Statutes, is amended to read:

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     120.52  Definitions.--As used in this act:

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     (1)  "Agency" means:

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     (a)  The Governor in the exercise of all executive powers

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other than those derived from the constitution.

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     (b)  Each:

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     1.  State officer and state department, and each

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departmental unit described in s. 20.04.

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     2.  Authority, including a regional water supply authority.

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     3.  Board, including the Board of Governors of the State

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University System and a state university board of trustees when

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acting pursuant to statutory authority derived from the

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Legislature.

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     4.  Commission, including the Commission on Ethics and the

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Fish and Wildlife Conservation Commission when acting pursuant to

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statutory authority derived from the Legislature.

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     5.  Regional planning agency.

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     6.  Multicounty special district with a majority of its

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governing board comprised of nonelected persons.

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     7.  Educational units.

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     8.  Entity described in chapters 163, 373, 380, and 582 and

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s. 186.504.

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     (c)  Each other unit of government in the state, including

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counties and municipalities, to the extent they are expressly

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made subject to this act by general or special law or existing

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judicial decisions.

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This definition does not include any legal entity or agency

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created in whole or in part pursuant to part II of chapter 361,

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part II, any metropolitan planning organization created pursuant

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to s. 339.175, any separate legal or administrative entity

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created pursuant to s. 339.175 of which a metropolitan planning

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organization is a member, an expressway authority pursuant to

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chapter 348, any or transportation authority under chapter 343 or

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chapter 349, any legal or administrative entity created by an

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interlocal agreement pursuant to s. 163.01(7), unless any party

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to such agreement is otherwise an agency as defined in this

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subsection, or any multicounty special district with a majority

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of its governing board comprised of elected persons; however,

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this definition shall include a regional water supply authority.

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     Section 2.  Paragraph (c) is added to subsection (2) of

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section 212.0606, Florida Statutes, to read:

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     212.0606  Rental car surcharge.--

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     (2)

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     (c) Notwithstanding any other provision of law, in the

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2008-2009 fiscal year and each subsequent year, 80 percent of the

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proceeds of the rental car surcharge collected in each county

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served by the South Florida Regional Transportation Authority

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shall be deposited in an account held by the authority. The

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department shall provide the authority revenue information

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regarding the surcharge for the previous state fiscal year by

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September 1 of each year.

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     Section 3.  Paragraph (a) of subsection (4) of section

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341.303, Florida Statutes, is amended to read:

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     341.303  Funding authorization and appropriations;

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eligibility and participation.--

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     (4)  FUND PARTICIPATION; SERVICE DEVELOPMENT.--

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     (a)  The department is authorized to fund up to 50 percent

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of the net operating costs of any eligible intercity or commuter

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rail service development project that is local in scope, not to

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exceed the local match. However, the department is not obligated

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to provide the South Florida Regional Transportation Authority

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such funding if a recurring funding source, including 80 percent

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of the rental car surcharge collected pursuant to s. 212.0606 in

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counties served by the authority or an equivalent recurring

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funding source, is dedicated to the authority and collection from

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such funding source begins. If collection begins in the middle of

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a fiscal year, funds provided for the authority's net operating

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costs must be prorated. If the recurring funding source is

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discontinued for any reason, the department shall resume funding

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the authority's net operating costs.

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     Section 4.  Subsections (2) and (4) of section 343.58,

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Florida Statutes, are amended to read:

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     343.58  County funding for the South Florida Regional

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Transportation Authority.--

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     (2) If At least $45 million of a state-authorized, local

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option recurring funding source is dedicated available to

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Broward, Miami-Dade, and Palm Beach counties is directed to the

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authority to fund its capital, operating, and maintenance

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expenses, including 80 percent of the rental car surcharge

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collected pursuant to s. 212.0606 in counties served by the

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authority or an equivalent recurring funding source, such

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counties are relieved of their funding obligations provided in

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subsection (3). The funding source shall be dedicated to the

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authority only if Broward, Miami-Dade, and Palm Beach counties

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impose the local option funding source.

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     (4) The current funding obligations under subsections (1)

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and (3) shall cease upon commencement of the collection of

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funding from the funding source under subsection (2). If the

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funding under subsection (2) is discontinued for any reason, the

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funding obligations under subsections (1) and (3) shall resume

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when collection from the funding source under subsection (2)

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ceases. If the counties are relieved of their funding obligations

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as provided in subsection (3), payment by the counties shall be

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on a pro rata basis the first year following collection cessation

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of the funding under subsection (2) and. the authority shall

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refund a pro rata share of the payments for the current fiscal

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year made pursuant to the current funding obligations under

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subsections (1) and (3) as soon as reasonably practicable after

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it begins to receive funds under subsection (2). If, by December

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31, 2015, the South Florida Regional Transportation Authority has

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not received federal matching funds based upon the dedication of

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funds under subsection (1), subsection (1) shall be repealed.

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     Section 5.  This act shall take effect July 1, 2008.