Florida Senate - 2011                             CS for SB 1716
       By the Committee on Transportation; and Senator Ring
       596-02884-11                                          20111716c1
    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 the
   50  2016-2017 fiscal year and each year thereafter, the funds
   51  allocated to the districts under paragraph (b) shall be
   52  cumulatively applied by the district secretary to fund the
   53  prioritized list of projects within the district as identified
   54  by the Trade 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) To provide for the enhancement of environmental
   66  benefits, including air and water quality; to prevent roadside
   67  erosion; to conserve the natural roadside growth and scenery;
   68  and to provide for the implementation and maintenance of
   69  roadside conservation, enhancement, and stabilization programs.
   70  No less than 1.5 percent of the amount contracted for
   71  construction projects shall be allocated by the department for
   72  the purchase of plant materials, with, to the greatest extent
   73  practical, a minimum of 50 percent of these funds for large
   74  plant materials and the remaining funds for other plant
   75  materials. All such plant materials shall be purchased from
   76  Florida commercial nursery stock in this state on a uniform
   77  competitive bid basis. The department will develop grades and
   78  standards for landscaping materials purchased through this
   79  process. To accomplish these activities, the department may
   80  contract with nonprofit organizations having the primary purpose
   81  of developing youth employment opportunities. Any unencumbered
   82  funds allocated pursuant to this paragraph on January 1 or June
   83  30 of each fiscal year shall be reallocated for the purposes
   84  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.—
   90         (j) Notwithstanding any other provision of law, the portion
   91  of unencumbered and available funds remaining in the adopted
   92  work program due to cost savings on project procurement when the
   93  bid or negotiated amount is lower than the department’s estimate
   94  for the project shall be made available for priority projects
   95  identified by the Trade Infrastructure Investment Steering
   96  Committee pursuant to s. 340.101; however, this shall not
   97  reallocate funds for uses outside the public transportation
   98  program which 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 the 2013-2014 fiscal year. The department
  116  shall make this deposit in the 2011-2012 and 2012-2013 fiscal
  117  years if the revenue estimates from the Consensus Revenue
  118  Estimating Conference increase the revenue estimate for the
  119  State Transportation Trust Fund when compared to the prior
  120  revenue estimate.
  121         Section 5. This act shall take effect July 1, 2011, if
  122  Senate Bill    or substantially similar legislation is adopted
  123  in the same legislative session or an extension thereof and
  124  becomes law.