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. 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 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.— 89 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.— 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.