| 1 | A bill to be entitled |
| 2 | An act relating to transportation revenue; amending s. |
| 3 | 215.211, F.S.; removing provisions that eliminate |
| 4 | imposition of a specified service charge on specified |
| 5 | income of a revenue nature; reenacting s. 215.20(1), F.S., |
| 6 | relating to a service charge appropriated from income of a |
| 7 | revenue nature deposited in trust funds to provide for |
| 8 | imposition of the service charge pursuant to changes made |
| 9 | by the act to s. 215.211, F.S.; amending s. 320.072, F.S.; |
| 10 | revising the disposition of proceeds collected on the |
| 11 | initial application for registration of specified motor |
| 12 | vehicles; amending s. 339.135, F.S.; providing for effect |
| 13 | of revised funding levels on department projects; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 215.211, Florida Statutes, is amended |
| 19 | to read: |
| 20 | 215.211 Service charge; elimination or reduction for |
| 21 | specified proceeds.- |
| 22 | (1) Notwithstanding the provisions of s. 215.20(1) and |
| 23 | (3), the service charge provided in s. 215.20(1) and (3), which |
| 24 | is deducted from the proceeds of the taxes distributed under ss. |
| 25 | 206.606(1), 207.026, 212.0501(6), and 319.32(5), shall be |
| 26 | eliminated beginning July 1, 2000. |
| 27 | (2) Notwithstanding the provisions of s. 215.20(1) and |
| 28 | (3), the service charge provided in s. 215.20(1) and (3), which |
| 29 | is deducted from the proceeds of the taxes distributed under ss. |
| 30 | 206.608 and 320.072(4), shall be eliminated beginning July 1, |
| 31 | 2001. |
| 32 | (1)(3) Notwithstanding the provisions of s. 215.20(1), the |
| 33 | service charge provided in s. 215.20(1) may not be deducted from |
| 34 | the proceeds of the local option fuel tax distributed under s. |
| 35 | 336.025(1)(a). |
| 36 | (2)(4) From the revenues derived from s. 336.025(1)(a), an |
| 37 | amount equal to 7 percent of those revenues shall be deposited |
| 38 | in the State Transportation Trust Fund and used to fund the |
| 39 | County Incentive Grant Program and the Small County Outreach |
| 40 | Program. Up to 20 percent of such funds shall be used for the |
| 41 | purpose of implementing the Small County Outreach Program as |
| 42 | provided in this act. Notwithstanding any other laws to the |
| 43 | contrary, the requirements of ss. 339.135, 339.155, and 339.175 |
| 44 | shall not apply to these funds and programs. |
| 45 | Section 2. For the purpose of incorporating the amendment |
| 46 | made by this act to section 215.211, Florida Statutes, |
| 47 | subsection (1) of section 215.20, Florida Statutes, is reenacted |
| 48 | to read: |
| 49 | 215.20 Certain income and certain trust funds to |
| 50 | contribute to the General Revenue Fund.- |
| 51 | (1) A service charge of 8 percent, representing the |
| 52 | estimated pro rata share of the cost of general government paid |
| 53 | from the General Revenue Fund, is hereby appropriated from all |
| 54 | income of a revenue nature deposited in all trust funds except |
| 55 | those enumerated in s. 215.22. Income of a revenue nature shall |
| 56 | include all earnings received or credited by such trust funds, |
| 57 | including the interest or benefit received from the investment |
| 58 | of the principal of such trust funds as may be permitted by law. |
| 59 | This provision shall be construed in favor of the General |
| 60 | Revenue Fund in each instance. All such appropriations shall be |
| 61 | deposited in the General Revenue Fund. |
| 62 | Section 3. Subsection (4) of section 320.072, Florida |
| 63 | Statutes, is amended to read: |
| 64 | 320.072 Additional fee imposed on certain motor vehicle |
| 65 | registration transactions.- |
| 66 | (4) A tax collector or other authorized agent of the |
| 67 | department shall promptly remit 44.5 percent of all moneys |
| 68 | collected pursuant to this section, less any refunds granted |
| 69 | pursuant to subsection (3), to the department. The department |
| 70 | shall deposit 34.5 percent of the funds to be deposited into the |
| 71 | State Transportation Trust Fund and 10 percent into the Highway |
| 72 | Safety Operating Trust Fund. The remaining 55.5 percent shall be |
| 73 | deposited into the General Revenue Fund. |
| 74 | Section 4. Paragraph (a) of subsection (4) of section |
| 75 | 339.135, Florida Statutes, as amended by chapter 2009-271, Laws |
| 76 | of Florida, is amended to read: |
| 77 | 339.135 Work program; legislative budget request; |
| 78 | definitions; preparation, adoption, execution, and amendment.- |
| 79 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
| 80 | (a)1. To assure that no district or county is penalized |
| 81 | for local efforts to improve the State Highway System, the |
| 82 | department shall, for the purpose of developing a tentative work |
| 83 | program, allocate funds for new construction to the districts, |
| 84 | except for the turnpike enterprise, based on equal parts of |
| 85 | population and motor fuel tax collections. Funds for |
| 86 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 87 | system construction or repair, public transit projects except |
| 88 | public transit block grants as provided in s. 341.052, and other |
| 89 | programs with quantitative needs assessments shall be allocated |
| 90 | based on the results of these assessments. The department may |
| 91 | not transfer any funds allocated to a district under this |
| 92 | paragraph to any other district except as provided in subsection |
| 93 | (7). Funds for public transit block grants shall be allocated to |
| 94 | the districts pursuant to s. 341.052. Funds for the intercity |
| 95 | bus program provided for under s. 5311(f) of the federal |
| 96 | nonurbanized area formula program shall be administered and |
| 97 | allocated directly to eligible bus carriers as defined in s. |
| 98 | 341.031(12) at the state level rather than the district. In |
| 99 | order to provide state funding to support the intercity bus |
| 100 | program provided for under provisions of the federal 5311(f) |
| 101 | program, the department shall allocate an amount equal to the |
| 102 | federal share of the 5311(f) program from amounts calculated |
| 103 | pursuant to s. 206.46(3). |
| 104 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 105 | department shall allocate at least 50 percent of any new |
| 106 | discretionary highway capacity funds to the Florida Strategic |
| 107 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 108 | new discretionary highway capacity funds shall be allocated to |
| 109 | the districts for new construction as provided in subparagraph |
| 110 | 1. For the purposes of this subparagraph, the term "new |
| 111 | discretionary highway capacity funds" means any funds available |
| 112 | to the department above the prior year funding level for |
| 113 | capacity improvements, which the department has the discretion |
| 114 | to allocate to highway projects. |
| 115 | 3. Notwithstanding subparagraphs subparagraph 1. and 2. |
| 116 | and ss. 201.15(1)(c)1.a.-d., 206.46(3), 206.608(2), 215.211(2), |
| 117 | 334.044(26), and 339.2819(3), and for the 2009-2010 fiscal years |
| 118 | 2010-2011 through 2014-2015 year only, the department shall |
| 119 | reduce work program levels to balance the finance plan to the |
| 120 | revised funding levels resulting from any reduction in the 2010- |
| 121 | 2011 2009-2010 General Appropriations Act and the reinstatement |
| 122 | of the service charge under s. 215.20(1) which is deducted from |
| 123 | the proceeds of the taxes distributed under ss. 206.606(1), |
| 124 | 206.608, 207.026, 212.0501(6), 319.32(5), and 320.072(4). This |
| 125 | subparagraph does not apply to funds provided to the Florida |
| 126 | Rail Enterprise in fiscal year 2014-2015 for the purposes |
| 127 | established in s. 341.303(5) expires July 1, 2010. |
| 128 | 4. For the 2009-2010 fiscal years 2010-2011 through 2014- |
| 129 | 2015 year only, prior to any project or phase thereof being |
| 130 | deferred, the department's cash balances shall be as provided in |
| 131 | paragraph (6)(b), and the reductions in subparagraph 3. shall be |
| 132 | made to financial projects not programmed for contract letting |
| 133 | as identified with a work program contract class code 8 and the |
| 134 | box code RV. These reductions shall not negatively impact |
| 135 | safety, or maintenance, financial projects for the purchase of |
| 136 | the Central Florida Commuter Rail Corridor, financial projects |
| 137 | for the Florida Rail Enterprise, or project contingency |
| 138 | percentage levels as of July 1 April 21, 2009. This subparagraph |
| 139 | expires July 1, 2010. |
| 140 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
| 141 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
| 142 | through 2013-2014 only, the department shall annually allocate |
| 143 | up to $15 million of the first proceeds of the increased |
| 144 | revenues estimated by the November 2009 Revenue Estimating |
| 145 | Conference to be deposited into the State Transportation Trust |
| 146 | Fund to provide for the portion of the transfer of funds |
| 147 | included in s. 343.58(4)(a)1.a. or 2.a., whichever is |
| 148 | applicable. The transfer of funds included in s. 343.58(4) shall |
| 149 | not negatively impact projects included in fiscal years 2009- |
| 150 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
| 151 | as amended pursuant to subsection (7). This subparagraph expires |
| 152 | July 1, 2014. |
| 153 | Section 5. This act shall take effect July 1, 2010. |