| 1 | A bill to be entitled |
| 2 | An act relating to transportation; amending s. 339.135, |
| 3 | F.S.; providing a funding source for allocations to the |
| 4 | South Florida Regional Transportation Authority under |
| 5 | specified provisions; amending s. 343.58, F.S., relating |
| 6 | to the South Florida Regional Transportation Authority; |
| 7 | providing that funds dedicated by county governments may |
| 8 | be used for certain purposes; providing for allocation of |
| 9 | funds from the State Transportation Trust Fund to the |
| 10 | authority; providing for cessation of the allocation under |
| 11 | certain circumstances; providing an effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Paragraph (a) of subsection (4) of section |
| 16 | 339.135, Florida Statutes, is amended to read: |
| 17 | 339.135 Work program; legislative budget request; |
| 18 | definitions; preparation, adoption, execution, and amendment.- |
| 19 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
| 20 | (a)1. To assure that no district or county is penalized |
| 21 | for local efforts to improve the State Highway System, the |
| 22 | department shall, for the purpose of developing a tentative work |
| 23 | program, allocate funds for new construction to the districts, |
| 24 | except for the turnpike enterprise, based on equal parts of |
| 25 | population and motor fuel tax collections. Funds for |
| 26 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 27 | system construction or repair, public transit projects except |
| 28 | public transit block grants as provided in s. 341.052, and other |
| 29 | programs with quantitative needs assessments shall be allocated |
| 30 | based on the results of these assessments. The department may |
| 31 | not transfer any funds allocated to a district under this |
| 32 | paragraph to any other district except as provided in subsection |
| 33 | (7). Funds for public transit block grants shall be allocated to |
| 34 | the districts pursuant to s. 341.052. Funds for the intercity |
| 35 | bus program provided for under s. 5311(f) of the federal |
| 36 | nonurbanized area formula program shall be administered and |
| 37 | allocated directly to eligible bus carriers as defined in s. |
| 38 | 341.031(12) at the state level rather than the district. In |
| 39 | order to provide state funding to support the intercity bus |
| 40 | program provided for under provisions of the federal 5311(f) |
| 41 | program, the department shall allocate an amount equal to the |
| 42 | federal share of the 5311(f) program from amounts calculated |
| 43 | pursuant to s. 206.46(3). |
| 44 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 45 | department shall allocate at least 50 percent of any new |
| 46 | discretionary highway capacity funds to the Florida Strategic |
| 47 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 48 | new discretionary highway capacity funds shall be allocated to |
| 49 | the districts for new construction as provided in subparagraph |
| 50 | 1. For the purposes of this subparagraph, the term "new |
| 51 | discretionary highway capacity funds" means any funds available |
| 52 | to the department above the prior year funding level for |
| 53 | capacity improvements, which the department has the discretion |
| 54 | to allocate to highway projects. |
| 55 | 3. Notwithstanding subparagraph 1. and ss. 206.46(3), |
| 56 | 334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year |
| 57 | only, the department shall reduce work program levels to balance |
| 58 | the finance plan to the revised funding levels resulting from |
| 59 | any reduction in the 2009-2010 General Appropriations Act. This |
| 60 | subparagraph expires July 1, 2010. |
| 61 | 4. For the 2009-2010 fiscal year only, prior to any |
| 62 | project or phase thereof being deferred, the department's cash |
| 63 | balances shall be as provided in paragraph (6)(b), and the |
| 64 | reductions in subparagraph 3. shall be made to financial |
| 65 | projects not programmed for contract letting as identified with |
| 66 | a work program contract class code 8 and the box code RV. These |
| 67 | reductions shall not negatively impact safety or maintenance or |
| 68 | project contingency percentage levels as of April 21, 2009. This |
| 69 | subparagraph expires July 1, 2010. |
| 70 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
| 71 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
| 72 | through 2013-2014 only, the department shall annually allocate |
| 73 | up to $15 million of the first proceeds of the increased |
| 74 | revenues estimated by the November 2009 Revenue Estimating |
| 75 | Conference to be deposited into the State Transportation Trust |
| 76 | Fund to provide for the portion of the transfer of funds |
| 77 | included in s. 343.58(4)(a)1. or s. 343.58(4)(b)1., whichever is |
| 78 | applicable. The transfer of funds included in s. 343.58(4) shall |
| 79 | not negatively impact projects included in fiscal years 2009- |
| 80 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
| 81 | as amended pursuant to subsection (7). This subparagraph expires |
| 82 | July 1, 2014. |
| 83 | Section 2. Section 343.58, Florida Statutes, is amended to |
| 84 | read: |
| 85 | 343.58 County funding for the South Florida Regional |
| 86 | Transportation Authority.- |
| 87 | (1) Each county served by the South Florida Regional |
| 88 | Transportation Authority must dedicate and transfer not less |
| 89 | than $2.67 million to the authority annually. The recurring |
| 90 | annual $2.67 million must be dedicated by the governing body of |
| 91 | each county before October 31 of each fiscal year. These funds |
| 92 | may be used for capital, operations, and maintenance. |
| 93 | (2) At least $45 million of a state-authorized, local |
| 94 | option recurring funding source available to Broward, Miami- |
| 95 | Dade, and Palm Beach counties is directed to the authority to |
| 96 | fund its capital, operating, and maintenance expenses. The |
| 97 | funding source shall be dedicated to the authority only if |
| 98 | Broward, Miami-Dade, and Palm Beach counties impose the local |
| 99 | option funding source. |
| 100 | (3) In addition, each county shall continue to annually |
| 101 | fund the operations of the South Florida Regional Transportation |
| 102 | Authority in an amount not less than $1.565 million. Revenue |
| 103 | raised pursuant to this subsection shall also be considered a |
| 104 | dedicated funding source. |
| 105 | (4) Notwithstanding any other provision of law to the |
| 106 | contrary and effective July 1, 2010, the department shall |
| 107 | transfer annually from the State Transportation Trust Fund to |
| 108 | the South Florida Regional Transportation Authority the amounts |
| 109 | specified in paragraph (a) or paragraph (b). |
| 110 | (a) If the authority becomes responsible for maintaining |
| 111 | and dispatching the South Florida Rail Corridor: |
| 112 | 1. $15 million from the State Transportation Trust Fund to |
| 113 | the South Florida Regional Transportation Authority for |
| 114 | operations, maintenance, and dispatch; and |
| 115 | 2. An amount no less than the work program commitments |
| 116 | equal to $27.1 million for fiscal year 2010-2011, as of July 1, |
| 117 | 2009, for operating assistance to the authority and corridor |
| 118 | track maintenance and contract maintenance for the South Florida |
| 119 | Rail Corridor. |
| 120 | (b) If the authority does not become responsible for |
| 121 | maintaining and dispatching the South Florida Rail Corridor: |
| 122 | 1. $13.3 million from the State Transportation Trust Fund |
| 123 | to the South Florida Regional Transportation Authority for |
| 124 | operations; and |
| 125 | 2. An amount no less than the work program commitments |
| 126 | equal to $17.3 million for fiscal year 2010-2011, as of July 1, |
| 127 | 2009, for operating assistance to the authority. |
| 128 | (5)(4) The current funding obligations under subsections |
| 129 | (1), and (3), and (4) shall cease upon commencement of the |
| 130 | collection of funding from the funding source under subsection |
| 131 | (2). If the funding under subsection (2) is discontinued for any |
| 132 | reason, the funding obligations under subsections (1) and (3) |
| 133 | shall resume when collection from the funding source under |
| 134 | subsection (2) ceases. Payment by the counties shall be on a pro |
| 135 | rata basis the first year following cessation of the funding |
| 136 | under subsection (2). The authority shall refund a pro rata |
| 137 | share of the payments for the current fiscal year made pursuant |
| 138 | to the current funding obligations under subsections (1) and (3) |
| 139 | as soon as reasonably practicable after it begins to receive |
| 140 | funds under subsection (2). If, by December 31, 2015, the South |
| 141 | Florida Regional Transportation Authority has not received |
| 142 | federal matching funds based upon the dedication of funds under |
| 143 | subsection (1), subsection (1) shall be repealed. |
| 144 | Section 3. This act shall take effect July 1, 2010. |