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. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 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 fiscal42 year 2007-2008 andeach 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 amount72 contracted for construction projects shall be allocated by the73 departmentfor 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.— 90 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.— 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.