HB 989

1	A bill to be entitled
2	An act relating to Nassau County transportation
3	facilities; amending s. 339.12, F.S.; authorizing the
4	Department of Transportation to enter into agreements with
5	the county for a project or project phase not in the
6	department's adopted work program; providing requirements;
7	authorizing certain long-term repayment agreements;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 339.12, Florida Statutes, is amended to
13	read:
14	339.12  Aid and contributions by governmental entities for
15	department projects; federal aid.--
16	(1)  Any governmental entity may aid in any project or
17	project phase included in the adopted work program by
18	contributions to the department of cash, bond proceeds, time
19	warrants, or other goods or services of value.
20	(2)  The department may accept and receive any such aid and
21	contributions and dispose of and use the same for any project or
22	project phase included in the adopted work program. The
23	Executive Office of the Governor is authorized to amend the
24	department's budget and adopted work program in the appropriate
25	categories to utilize contributions received.
26	(3)  In case any such aid or contribution is given or made
27	by any governmental entity, such aid or contribution shall be
28	used by the department only for the project or project phase
29	included in the adopted work program as are designated and
30	agreed upon by the department and the governing body of the
31	governmental entity.
32	(4)(a)  Prior to accepting the contribution of road bond
33	proceeds, time warrants, or cash for which reimbursement is
34	sought, the department shall enter into agreements with the
35	governing body of the governmental entity for the project or
36	project phases in accordance with specifications agreed upon
37	between the department and the governing body of the
38	governmental entity. The department in no instance is to receive
39	from such governmental entity an amount in excess of the actual
40	cost of the project or project phase. By specific provision in
41	the written agreement between the department and the governing
42	body of the governmental entity, the department may agree to
43	reimburse the governmental entity for the actual amount of the
44	bond proceeds, time warrants, or cash used on a highway project
45	or project phases that are not revenue producing and are
46	contained in the department's adopted work program, or any
47	public transportation project contained in the adopted work
48	program. Subject to appropriation of funds by the Legislature,
49	the department may commit state funds for reimbursement of such
50	projects or project phases. Reimbursement to the governmental
51	entity for such a project or project phase must be made from
52	funds appropriated by the Legislature, and reimbursement for the
53	cost of the project or project phase is to begin in the year the
54	project or project phase is scheduled in the work program as of
55	the date of the agreement. Funds advanced pursuant to this
56	section, which were originally designated for transportation
57	purposes and so reimbursed to a county or municipality, shall be
58	used by the county or municipality for any transportation
59	expenditure authorized under s. 336.025(7). Also, cities and
60	counties may receive funds from persons, and reimburse those
61	persons, for the purposes of this section. Such persons may
62	include, but are not limited to, those persons defined in s.
63	607.01401(19).
64	(b)  Prior to entering an agreement to advance a project or
65	project phase pursuant to this subsection and subsection (5),
66	the department shall first update the estimated cost of the
67	project or project phase and certify that the estimate is
68	accurate and consistent with the amount estimated in the adopted
69	work program. If the original estimate and the updated estimate
70	vary, the department shall amend the adopted work program
71	according to the amendatory procedures for the work program set
72	forth in s. 339.135(7). The amendment shall reflect all
73	corresponding increases and decreases to the affected projects
74	within the adopted work program.
75	(c)  The department may enter into agreements under this
76	subsection for a project or project phase not included in the
77	adopted work program. As used in this paragraph, the term
78	"project phase" means acquisition of rights-of-way,
79	construction, construction inspection, and related support
80	phases. The project or project phase must be a high priority of
81	the governmental entity. Reimbursement for a project or project
82	phase must be made from funds appropriated by the Legislature
83	pursuant to s. 339.135(5). All other provisions of this
84	subsection apply to agreements entered into under this
85	paragraph. The total amount of project agreements for projects
86	or project phases not included in the adopted work program may
87	not at any time exceed $100 million. However, notwithstanding
88	such $100 million limit and any similar limit in s. 334.30,
89	project advances for any inland county with a population greater
90	than 500,000 dedicating amounts equal to $500 million or more of
91	its Local Government Infrastructure Surtax pursuant to s.
92	212.055(2) for improvements to the State Highway System which
93	are included in the local metropolitan planning organization's
94	or the department's long-range transportation plans shall be
95	excluded from the calculation of the statewide limit of project
96	advances.
97	(d)  The department may enter into agreements under this
98	subsection with Nassau County for a project or project phase not
99	included in the adopted work program. As used in this paragraph,
100	the term "project phase" means acquisition of rights-of-way,
101	construction, construction inspection, and related support
102	phases. The project or project phase must be a high priority of
103	Nassau County. Reimbursement for a project or project phase must
104	be made from funds appropriated by the Legislature pursuant to
105	s. 339.135(5). All other provisions of this subsection apply to
106	agreements entered into under this paragraph. The total amount
107	of project agreements for projects or project phases not
108	included in the adopted work program authorized by this
109	paragraph may not at any time exceed $200 million. The project
110	must be included in Nassau County's adopted comprehensive plan.
111	The department is authorized to enter into long-term repayment
112	agreements of up to 30 years.
113	(5)  The department and the governing body of a
114	governmental entity may enter into an agreement by which the
115	governmental entity agrees to perform a highway project or
116	project phase in the department's adopted work program that is
117	not revenue producing or any public transportation project in
118	the adopted work program. By specific provision in the written
119	agreement between the department and the governing body of the
120	governmental entity, the department may agree to reimburse the
121	governmental entity the actual cost for the project or project
122	phase contained in the adopted work program. Reimbursement to
123	the governmental entity for such project or project phases must
124	be made from funds appropriated by the Legislature, and
125	reimbursement for the cost of the project or project phase is to
126	begin in the year the project or project phase is scheduled in
127	the work program as of the date of the agreement.
128	(6)  The department may propose and obtain the designation
129	of any project or project phase to be constructed as a federal-
130	aid project and obtain reimbursement from the United States in
131	accordance with existing regulations. If federal-aid funds are
132	used, governmental entities other than the department are
133	prohibited from performing projects or project phases authorized
134	in subsection (5), unless the entity is qualified and authorized
135	by the Federal Highway Administration to perform the appropriate
136	project phase.
137	(7)  The federal-aid money obtained under subsection (6)
138	shall first be applied to the completion of the project or
139	project phase for which the bonds have been voted, if the money
140	from the bonds is not sufficient therefor; and any residue shall
141	be expended in the acquisition of rights-of-way or the
142	construction of any project or project phase that the department
143	and the governing body of the governmental entity may agree
144	upon.
145	(8)  The financial provisions of any agreement that are
146	made in accordance with the provisions of this section shall be
147	approved by the department comptroller.
148	(9)  Notwithstanding any other provision of law, prior to
149	commencement of the project or project phase, governmental
150	entities are authorized to release control of such contributions
151	to the department, pursuant to a written agreement between the
152	governmental entity and the department.
153	Section 2.  This act shall take effect July 1, 2009.

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