Florida Senate - 2011                                    SB 1716
       By Senator Ring
       32-01125-11                                           20111716__
    1                        A bill to be entitled                      
    2         An act relating to transportation project funding;
    3         redirecting funds in the State Transportation Trust
    4         Fund and portions of amounts contracted for
    5         construction projects of the Department of
    6         Transportation to be used for prioritized projects;
    7         amending s. 212.0606, F.S., relating to a rental car
    8         surcharge; revising the use of allocated proceeds;
    9         amending s. 334.044, F.S., relating to powers and
   10         duties of the department; revising the allocation of a
   11         certain percentage amount of contracted funds;
   12         directing unused portions of such funds be
   13         reallocated; amending s. 339.135, F.S., relating to
   14         the department’s adopted work program; providing for
   15         certain unencumbered and available funds remaining in
   16         the adopted work program due to certain cost savings
   17         to be reallocated; amending s. 339.55, F.S., relating
   18         to the state-funded infrastructure bank; directing the
   19         department to deposit certain funds into the bank;
   20         providing a contingent effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (2) of section 212.0606, Florida
   25  Statutes, is amended to read:
   26         212.0606 Rental car surcharge.—
   27         (2)(a) Notwithstanding the provisions of section 212.20,
   28  and less costs of administration, 80 percent of the proceeds of
   29  this surcharge shall be deposited in the State Transportation
   30  Trust Fund, 15.75 percent of the proceeds of this surcharge
   31  shall be deposited in the Tourism Promotional Trust Fund created
   32  in s. 288.122, and 4.25 percent of the proceeds of this
   33  surcharge shall be deposited in the Florida International Trade
   34  and Promotion Trust Fund. For the purposes of this subsection,
   35  “proceeds” of the surcharge means all funds collected and
   36  received by the department under this section, including
   37  interest and penalties on delinquent surcharges. The department
   38  shall provide the Department of Transportation rental car
   39  surcharge revenue information for the previous state fiscal year
   40  by September 1 of each year.
   41         (b) Notwithstanding any other provision of law, in fiscal
   42  year 2007-2008 and each year thereafter, the proceeds deposited
   43  in the State Transportation Trust Fund shall be allocated on an
   44  annual basis in the Department of Transportation’s work program
   45  to each department district, except the Turnpike District. The
   46  amount allocated for each district shall be based upon the
   47  amount of proceeds attributed to the counties within each
   48  respective district.
   49         (c) Notwithstanding any other provision of law, in fiscal
   50  year 2016-2017 and each year thereafter, the funds allocated to
   51  the districts under paragraph (b) shall be cumulatively applied
   52  by the district secretary to fund the prioritized list of
   53  projects within the district as identified by the Trade
   54  Infrastructure Investment Steering Committee.
   55         Section 2. Subsection (26) of section 334.044, Florida
   56  Statutes, is amended to read:
   57         334.044 Department; powers and duties.—The department shall
   58  have the following general powers and duties:
   59         (26) To fund projects pursuant to this subsection. No less
   60  than 1.5 percent of the amount contracted for construction
   61  projects shall be allocated by the department as follows:
   62         (a) One percent shall be allocated to help fund priority
   63  projects identified by the Trade Infrastructure Investment
   64  Steering Committee pursuant to s. 340.101.
   65         (b) One-half of one percent shall be allocated to provide
   66  for the enhancement of environmental benefits, including air and
   67  water quality; to prevent roadside erosion; to conserve the
   68  natural roadside growth and scenery; and to provide for the
   69  implementation and maintenance of roadside conservation,
   70  enhancement, and stabilization programs. The department shall
   71  allocate this amount No less than 1.5 percent of the amount
   72  contracted for construction projects shall be allocated by the
   73  department for the purchase of plant materials, with, to the
   74  greatest extent practical, a minimum of 50 percent of these
   75  funds for large plant materials and the remaining funds for
   76  other plant materials. All such plant materials shall be
   77  purchased from Florida commercial nursery stock in this state on
   78  a uniform competitive bid basis. The department will develop
   79  grades and standards for landscaping materials purchased through
   80  this process. To accomplish these activities, the department may
   81  contract with nonprofit organizations having the primary purpose
   82  of developing youth employment opportunities. Any unencumbered
   83  funds allocated pursuant to this paragraph on January 1 or June
   84  30 of each fiscal year shall be reallocated for the purposes
   85  described in paragraph (a).
   86         Section 3. Paragraph (j) is added to subsection (7) of
   87  section 339.135, Florida Statutes, to read:
   88         339.135 Work program; legislative budget request;
   89  definitions; preparation, adoption, execution, and amendment.—
   91         (j) Notwithstanding any other provision of law, the portion
   92  of unencumbered and available funds remaining in the adopted
   93  work program due to cost savings on project procurement when the
   94  bid or negotiated amount is lower than the department’s estimate
   95  for the project shall be made available for priority projects
   96  identified by the Trade Infrastructure Investment Steering
   97  Committee pursuant to s. 340.101; however, this shall not
   98  reallocate funds for uses outside the public transportation
   99  program that were previously allocated for a public
  100  transportation program in accordance with s. 206.46(3). The
  101  department shall review the cost savings from project
  102  procurements at the end of each quarter of the fiscal year to
  103  determine the availability of any funds generated by these cost
  104  savings. The department shall amend the work program to transfer
  105  at least 60 percent of such funds each year for priority
  106  projects identified pursuant to s. 340.101, provided the use of
  107  the funds under s. 340.101 must be in accordance with any
  108  limitations on the source of the funds as required by existing
  109  law.
  110         Section 4. Subsection (11) is added to section 339.55,
  111  Florida Statutes, to read:
  112         339.55 State-funded infrastructure bank.—
  113         (11) The department shall deposit no less than $20 million
  114  annually, in addition to scheduled project repayments from the
  115  State Transportation Trust Fund, into the State Infrastructure
  116  Bank beginning in fiscal year 2013-2014. The department shall
  117  make this deposit in fiscal years 2011-2012 and 2012-2013 if the
  118  revenue estimates from the Consensus Revenue Estimating
  119  Conference increase the revenue estimate for the State
  120  Transportation Trust Fund when compared to the prior revenue
  121  estimate.
  122         Section 5. This act shall take effect July 1, 2011, if
  123  Senate Bill    or substantially similar legislation is adopted
  124  in the same legislative session or an extension thereof and
  125  becomes law.