| 1 | A bill to be entitled |
| 2 | An act relating to transportation project funding; |
| 3 | redirecting funds in the State Transportation Trust Fund |
| 4 | and portions of amounts contracted for construction |
| 5 | projects of the Department of Transportation to be used |
| 6 | for prioritized projects; amending s. 212.0606, F.S., |
| 7 | relating to a rental car surcharge; revising the use of |
| 8 | allocated proceeds; amending s. 334.044, F.S., relating to |
| 9 | powers and duties of the department; revising the |
| 10 | allocation of a certain percentage amount of contracted |
| 11 | funds; directing unused portions of such funds be |
| 12 | reallocated; amending s. 339.135, F.S., relating to the |
| 13 | department's adopted work program; providing for certain |
| 14 | unencumbered and available funds remaining in the adopted |
| 15 | work program due to certain cost savings be reallocated; |
| 16 | amending s. 339.55, F.S., relating to the state-funded |
| 17 | infrastructure bank; directing the department to deposit |
| 18 | certain funds into the bank; providing a contingent |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (2) of section 212.0606, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 212.0606 Rental car surcharge.- |
| 26 | (2)(a) Notwithstanding the provisions of section 212.20, |
| 27 | and less costs of administration, 80 percent of the proceeds of |
| 28 | this surcharge shall be deposited in the State Transportation |
| 29 | Trust Fund, 15.75 percent of the proceeds of this surcharge |
| 30 | shall be deposited in the Tourism Promotional Trust Fund created |
| 31 | in s. 288.122, and 4.25 percent of the proceeds of this |
| 32 | surcharge shall be deposited in the Florida International Trade |
| 33 | and Promotion Trust Fund. For the purposes of this subsection, |
| 34 | "proceeds" of the surcharge means all funds collected and |
| 35 | received by the department under this section, including |
| 36 | interest and penalties on delinquent surcharges. The department |
| 37 | shall provide the Department of Transportation rental car |
| 38 | surcharge revenue information for the previous state fiscal year |
| 39 | by September 1 of each year. |
| 40 | (b) Notwithstanding any other provision of law, in fiscal |
| 41 | year 2007-2008 and each year thereafter, the proceeds deposited |
| 42 | in the State Transportation Trust Fund shall be allocated on an |
| 43 | annual basis in the Department of Transportation's work program |
| 44 | to each department district, except the Turnpike District. The |
| 45 | amount allocated for each district shall be based upon the |
| 46 | amount of proceeds attributed to the counties within each |
| 47 | respective district. |
| 48 | (c) Notwithstanding any other provision of law, in fiscal |
| 49 | year 2016-2017 and each year thereafter, the funds allocated to |
| 50 | the districts under paragraph (b) shall be cumulatively applied |
| 51 | by the district secretary to fund the prioritized list of |
| 52 | projects within the district as identified by the Trade |
| 53 | Infrastructure Steering Committee. |
| 54 | Section 2. Subsection (26) of section 334.044, Florida |
| 55 | Statutes, is amended to read: |
| 56 | 334.044 Department; powers and duties.-The department |
| 57 | shall have the following general powers and duties: |
| 58 | (26) To fund projects pursuant to this paragraph. No less |
| 59 | than 1.5 percent of the amount contracted for construction |
| 60 | projects shall be allocated by the department as follows: |
| 61 | (a) One percent shall be allocated to help fund priority |
| 62 | projects identified by the Trade Infrastructure Investment |
| 63 | Steering Committee pursuant to s. 340.101. |
| 64 | (b) One-half of one percent shall be allocated to provide |
| 65 | for the enhancement of environmental benefits, including air and |
| 66 | water quality; to prevent roadside erosion; to conserve the |
| 67 | natural roadside growth and scenery; and to provide for the |
| 68 | implementation and maintenance of roadside conservation, |
| 69 | enhancement, and stabilization programs. The department shall |
| 70 | allocate this amount No less than 1.5 percent of the amount |
| 71 | contracted for construction projects shall be allocated by the |
| 72 | department for the purchase of plant materials, with, to the |
| 73 | greatest extent practical, a minimum of 50 percent of these |
| 74 | funds for large plant materials and the remaining funds for |
| 75 | other plant materials. All such plant materials shall be |
| 76 | purchased from Florida commercial nursery stock in this state on |
| 77 | a uniform competitive bid basis. The department will develop |
| 78 | grades and standards for landscaping materials purchased through |
| 79 | this process. To accomplish these activities, the department |
| 80 | may contract with nonprofit organizations having the primary |
| 81 | purpose of developing youth employment opportunities. Any |
| 82 | unencumbered funds allocated pursuant to this paragraph on |
| 83 | January 1 or June 30 of each fiscal year shall be reallocated |
| 84 | for the purposes described in paragraph (a). |
| 85 | Section 3. Paragraph (j) is added to subsection (7) of |
| 86 | section 339.135, Florida Statutes, to read: |
| 87 | 339.135 Work program; legislative budget request; |
| 88 | definitions; preparation, adoption, execution, and amendment.- |
| 89 | (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.- |
| 90 | (j) Notwithstanding any other provision of law, the |
| 91 | portion of unencumbered and available funds remaining in the |
| 92 | adopted work program due to cost savings on project procurement |
| 93 | when the bid or negotiated amount is lower than the department's |
| 94 | estimate for the project shall be made available for priority |
| 95 | projects identified by the Trade Infrastructure Investment |
| 96 | Steering Committee pursuant to s. 340.101; however, this shall |
| 97 | not reallocate funds for uses outside the public transportation |
| 98 | program that were previously allocated for a public |
| 99 | transportation program in accordance with s. 206.46(3). The |
| 100 | department shall review the cost savings from project |
| 101 | procurements at the end of each quarter of the fiscal year to |
| 102 | determine the availability of any funds generated by these cost |
| 103 | savings. The department shall amend the work program to transfer |
| 104 | at least 60 percent of such funds each year for priority |
| 105 | projects identified pursuant to s. 340.101, provided the use of |
| 106 | the funds under s. 340.101 must be in accordance with any |
| 107 | limitations on the source of the funds as required by existing |
| 108 | law. |
| 109 | Section 4. Subsection (11) is added to section 339.55, |
| 110 | Florida Statutes, to read: |
| 111 | 339.55 State-funded infrastructure bank.- |
| 112 | (11) The department shall deposit no less than $20 million |
| 113 | annually, in addition to scheduled project repayments from the |
| 114 | State Transportation Trust Fund, into the State Infrastructure |
| 115 | Bank beginning in fiscal year 2013-2014. The department shall |
| 116 | make this deposit in fiscal years 2011-2012 and 2012-2013 if the |
| 117 | revenue estimates from the Consensus Revenue Estimating |
| 118 | Conference increase the revenue estimate for the State |
| 119 | Transportation Trust Fund when compared to the prior revenue |
| 120 | estimate. |
| 121 | Section 5. This act shall take effect July 1, 2011, if |
| 122 | House Bill 1153 or substantially similar legislation is adopted |
| 123 | in the same legislative session or an extension thereof and |
| 124 | becomes law. |