| 1 | Representative Galvano offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 2466 and 2467, insert: |
| 5 | Section 54. Subsection (1) of section 120.52, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 120.52 Definitions.--As used in this act: |
| 8 | (1) "Agency" means: |
| 9 | (a) The Governor in the exercise of all executive powers |
| 10 | other than those derived from the constitution. |
| 11 | (b) Each: |
| 12 | 1. State officer and state department, and each |
| 13 | departmental unit described in s. 20.04. |
| 14 | 2. Authority, including a regional water supply authority. |
| 15 | 3. Board, including the Board of Governors of the State |
| 16 | University System and a state university board of trustees when |
| 17 | acting pursuant to statutory authority derived from the |
| 18 | Legislature. |
| 19 | 4. Commission, including the Commission on Ethics and the |
| 20 | Fish and Wildlife Conservation Commission when acting pursuant |
| 21 | to statutory authority derived from the Legislature. |
| 22 | 5. Regional planning agency. |
| 23 | 6. Multicounty special district with a majority of its |
| 24 | governing board comprised of nonelected persons. |
| 25 | 7. Educational units. |
| 26 | 8. Entity described in chapters 163, 373, 380, and 582 and |
| 27 | s. 186.504. |
| 28 | (c) Each other unit of government in the state, including |
| 29 | counties and municipalities, to the extent they are expressly |
| 30 | made subject to this act by general or special law or existing |
| 31 | judicial decisions. |
| 32 |
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| 33 | This definition does not include any legal entity or agency |
| 34 | created in whole or in part pursuant to chapter 361, part II, |
| 35 | any metropolitan planning organization created pursuant to s. |
| 36 | 339.175, any separate legal or administrative entity created |
| 37 | pursuant to s. 339.175 of which a metropolitan planning |
| 38 | organization is a member, an expressway authority pursuant to |
| 39 | chapter 348 or any transportation authority under chapter 343 or |
| 40 | chapter 349, any legal or administrative entity created by an |
| 41 | interlocal agreement pursuant to s. 163.01(7), unless any party |
| 42 | to such agreement is otherwise an agency as defined in this |
| 43 | subsection, or any multicounty special district with a majority |
| 44 | of its governing board comprised of elected persons; however, |
| 45 | this definition shall include a regional water supply authority. |
| 46 | Section 55. Paragraph (a) of subsection (2) of section |
| 47 | 212.0606, Florida Statutes, is amended to read: |
| 48 | 212.0606 Rental car surcharge.-- |
| 49 | (2)(a) Notwithstanding the provisions of section 212.20, |
| 50 | and less costs of administration, 80 percent of the proceeds of |
| 51 | this surcharge shall be deposited in the State Transportation |
| 52 | Trust Fund, 15.75 percent of the proceeds of this surcharge |
| 53 | shall be deposited in the Tourism Promotional Trust Fund created |
| 54 | in s. 288.122, and 4.25 percent of the proceeds of this |
| 55 | surcharge shall be deposited in the Florida International Trade |
| 56 | and Promotion Trust Fund. Of the proceeds subject to be |
| 57 | deposited into the State Transportation Trust Fund, in fiscal |
| 58 | year 2008-2009 and each year thereafter, the proceeds collected |
| 59 | within each county within the service territory of the South |
| 60 | Florida Regional Transportation Authority established under |
| 61 | chapter 343 shall be deposited into an account of the authority. |
| 62 | The Northwest Florida Transportation Corridor Authority and the |
| 63 | Tampa Bay Area Regional Transportation Authority established |
| 64 | under chapter 343 may receive the proceeds deposited into the |
| 65 | State Transportation Trust Fund that are attributed to each |
| 66 | county within the service territory of that authority, by |
| 67 | notifying the department of such election in writing. The |
| 68 | election shall not be effective until the first day of the month |
| 69 | following 60 days after the department receives written |
| 70 | notification from that authority. For the purposes of this |
| 71 | subsection, "proceeds" of the surcharge means all funds |
| 72 | collected and received by the department under this section, |
| 73 | including interest and penalties on delinquent surcharges. The |
| 74 | department shall provide the Department of Transportation rental |
| 75 | car surcharge revenue information for the previous state fiscal |
| 76 | year by September 1 of each year. Monthly proceeds due to each |
| 77 | regional transportation authority under this paragraph shall be |
| 78 | based upon the percentage attributable to each participating |
| 79 | county as determined in this paragraph as of September 1 of the |
| 80 | preceding fiscal year, which shall be used for the subsequent |
| 81 | fiscal year. |
| 82 | Section 56. Paragraph (a) of subsection (4) of section |
| 83 | 341.303, Florida Statutes, is amended to read: |
| 84 | 341.303 Funding authorization and appropriations; |
| 85 | eligibility and participation.-- |
| 86 | (4) FUND PARTICIPATION; SERVICE DEVELOPMENT.-- |
| 87 | (a) The department may is authorized to fund up to 50 |
| 88 | percent of the net operating costs of any eligible intercity or |
| 89 | commuter rail service development project that is local in |
| 90 | scope, not to exceed the local match, except the department has |
| 91 | no obligation to provide such funding to any regional |
| 92 | transportation authority established pursuant to chapter 343 if |
| 93 | such authority receives a recurring dedicated funding source |
| 94 | that provides 80 percent of the amount of rental car surcharge |
| 95 | proceeds collected pursuant to s. 212.0606(2)(c) in counties |
| 96 | within the authority's service territory or an equivalent |
| 97 | recurring funding source and after receipt of funds from such |
| 98 | recurring dedicated funding source begins. If such receipt of |
| 99 | funds begins in the middle of a fiscal year, the department's |
| 100 | funding of any of the authority's operating costs pursuant to |
| 101 | this paragraph shall be prorated. If the funding source is |
| 102 | discontinued for any reason, the department shall have the same |
| 103 | authorization to fund net operating costs of the authority as |
| 104 | any other commuter rail service in the state. |
| 105 | Section 57. Section 343.58, Florida Statutes, is amended |
| 106 | to read: |
| 107 | 343.58 County funding for the South Florida Regional |
| 108 | Transportation Authority.-- |
| 109 | (1) Each county served by the South Florida Regional |
| 110 | Transportation Authority must dedicate and transfer not less |
| 111 | than $2.67 million to the authority annually. The recurring |
| 112 | annual $2.67 million must be dedicated by the governing body of |
| 113 | each county before October 31 of each fiscal year. |
| 114 | (2) If At least $45 million of a state-authorized, local |
| 115 | option recurring funding source is dedicated available to |
| 116 | Broward, Miami-Dade, and Palm Beach counties is directed to the |
| 117 | authority to fund its capital, operating, and maintenance |
| 118 | expenses, which source provides at least 80 percent of the |
| 119 | amount of rental car surcharge revenues collected pursuant to s. |
| 120 | 212.0606 in counties within the authority's service territory or |
| 121 | is an equivalent recurring funding source, counties within the |
| 122 | authority's service territory may be relieved of their funding |
| 123 | obligation under subsections (1) and (3). The funding source |
| 124 | shall be dedicated to the authority only if Broward, Miami-Dade, |
| 125 | and Palm Beach counties impose the local option funding source. |
| 126 | (3) In addition, each county shall continue to annually |
| 127 | fund the operations of the South Florida Regional Transportation |
| 128 | Authority in an amount not less than $1.565 million. Revenue |
| 129 | raised pursuant to this subsection shall also be considered a |
| 130 | dedicated funding source. |
| 131 | (4) The current funding obligations under subsections (1) |
| 132 | and (3) shall cease upon commencement of the collection of |
| 133 | funding from the funding source under subsection (2). If the |
| 134 | funding under subsection (2) is discontinued for any reason, the |
| 135 | funding obligations under subsections (1) and (3) shall resume |
| 136 | when collection from the funding source under subsection (2) |
| 137 | ceases. If counties are relieved of any funding obligations |
| 138 | under subsections (1) and (3): |
| 139 | (a) Payment by the counties shall be on a pro rata basis |
| 140 | the first year following collection cessation of the funding |
| 141 | under subsection (2). |
| 142 | (b) The authority shall refund a pro rata share of the |
| 143 | payments for the current fiscal year made pursuant to the |
| 144 | current funding obligations under subsections (1) and (3) as |
| 145 | soon as reasonably practicable after it begins to receive funds |
| 146 | under subsection (2). |
| 147 |
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| 148 | If, by December 31, 2015, the South Florida Regional |
| 149 | Transportation Authority has not received federal matching funds |
| 150 | based upon the dedication of funds under subsection (1), |
| 151 | subsection (1) shall be repealed. |
| 152 | Section 58. Sections 343.71, 343.72, 343.73, 343.74, |
| 153 | 343.75, 343.76, and 343.77, Florida Statutes, are repealed. |
| 154 |
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| 155 |
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| 156 | ----------------------------------------------------- |
| 157 | T I T L E A M E N D M E N T |
| 158 | Remove line 210 and insert: |
| 159 | an exception; amending s. 120.52, F.S.; revising a definition; |
| 160 | amending s. 212.0606, F.S.; requiring deposit into an account of |
| 161 | the South Florida Regional Transportation Authority certain |
| 162 | proceeds subject to being deposited into the State |
| 163 | Transportation Trust Fund and collected within certain counties |
| 164 | within the service area of the authority; authorizing certain |
| 165 | other regional transportation authorities to elect to receive |
| 166 | certain proceeds subject to being deposited into the State |
| 167 | Transportation Trust Fund and collected within certain counties |
| 168 | within the service area of such authorities; requiring notice to |
| 169 | the Department of Revenue of such election; providing an |
| 170 | effective date for such election; providing a method for |
| 171 | determining amounts due to such authorities; amending s. |
| 172 | 341.303, F.S.; relieving the department's funding obligation to |
| 173 | certain regional transportation authorities to conform; revising |
| 174 | the department's obligation to fund certain regional |
| 175 | transportation authorities under certain circumstances; amending |
| 176 | s. 343.58, F.S.; relieving certain counties of certain funding |
| 177 | obligations to the South Florida Regional Transportation |
| 178 | Authority under certain circumstances to conform; repealing part |
| 179 | III of chapter 343, F.S., relating to the Tampa Bay Commuter |
| 180 | Transit Authority; providing an effective date. |