Florida Senate - 2018                                    SB 1200
       By Senator Young
       18-00720E-18                                          20181200__
    1                        A bill to be entitled                      
    2         An act relating to the Statewide Alternative
    3         Transportation Authority; amending s. 20.23, F.S.;
    4         adding an alternative transportation authority as part
    5         of the operations of the Department of Transportation;
    6         requiring the authority to be headed by an executive
    7         director; requiring the headquarters of the authority
    8         to be located in Leon County; requiring the
    9         responsibility for expending certain funds to be
   10         delegated by the department secretary to the executive
   11         director of the authority, subject to certain
   12         requirements; requiring the authority to operate
   13         pursuant to specified provisions; exempting the
   14         authority from certain departmental policies,
   15         procedures, and standards, subject to the secretary
   16         having the authority to apply any such policies,
   17         procedures, and standards to the authority; amending
   18         s. 201.15, F.S.; beginning in a specified timeframe,
   19         revising annual allocations in the State
   20         Transportation Trust Fund for the Transportation
   21         Regional Incentive Program; specifying annual
   22         allocations to the Tampa Bay Area Regional Transit
   23         Authority and the Statewide Alternative Transportation
   24         Authority for certain purposes; specifying
   25         requirements for matching funds for the Tampa Bay Area
   26         Regional Transit Authority; repealing s. 341.303(5),
   27         F.S., relating to fund participation and the Florida
   28         Rail Enterprise; deleting a provision authorizing the
   29         department, through the Florida Rail Enterprise, to
   30         use specified funds for certain purposes; creating s.
   31         341.86, F.S.; creating within the department the
   32         Statewide Alternative Transportation Authority;
   33         defining the term “alternative transportation system”;
   34         specifying powers of the authority; requiring the
   35         authority to be a single budget entity and to develop
   36         a budget pursuant to specified provisions; requiring
   37         the authority’s budget to be submitted to the
   38         Legislature with the department’s budget; requiring
   39         all alternative transportation system funding by the
   40         department to be included in a certain budget entity;
   41         requiring the Executive Office of the Governor, on a
   42         specified date of each year, to certify forward
   43         certain unexpended funds for the authority, subject to
   44         certain requirements; requiring the department,
   45         through the authority, to use specified funds in a
   46         county to fund the design and construction of an
   47         alternative transportation system for passengers based
   48         on a certain proposal by the county; specifying
   49         requirements for the use of the funds; requiring a
   50         county proposing the use of funds for an alternative
   51         transportation system to submit a request to the
   52         authority, subject to certain requirements; requiring
   53         local matching funds for certain distributions,
   54         subject to certain requirements; prohibiting certain
   55         funds distributed from being used to subsidize certain
   56         existing projects; amending s. 343.58, F.S.;
   57         conforming provisions to changes made by the act;
   58         providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Paragraph (a) of subsection (4) of section
   63  20.23, Florida Statutes, is amended, and paragraph (g) is added
   64  to that subsection, to read:
   65         20.23 Department of Transportation.—There is created a
   66  Department of Transportation which shall be a decentralized
   67  agency.
   68         (4)(a) The operations of the department shall be organized
   69  into seven districts, each headed by a district secretary, and a
   70  turnpike enterprise, and a rail enterprise, and an alternative
   71  transportation authority, each enterprise and the authority
   72  headed by an executive director. The district secretaries and
   73  the executive directors shall be registered professional
   74  engineers in accordance with the provisions of chapter 471 or
   75  the laws of another state, or, in lieu of professional engineer
   76  registration, a district secretary or executive director may
   77  hold an advanced degree in an appropriate related discipline,
   78  such as a Master of Business Administration. The headquarters of
   79  the districts shall be located in Polk, Columbia, Washington,
   80  Broward, Volusia, Miami-Dade, and Hillsborough Counties. The
   81  headquarters of the turnpike enterprise shall be located in
   82  Orange County. The headquarters of the rail enterprise and the
   83  alternative transportation authority shall be located in Leon
   84  County. In order to provide for efficient operations and to
   85  expedite the decisionmaking process, the department shall
   86  provide for maximum decentralization to the districts.
   87         (g)1.The responsibility for expending funds for the design
   88  and construction of alternative transportation systems shall be
   89  delegated by the secretary to the executive director of the
   90  alternative transportation authority, who shall serve at the
   91  pleasure of the secretary. The executive director shall report
   92  directly to the secretary, and the authority shall operate
   93  pursuant to s. 341.86.
   94         2.To facilitate the most efficient administration of funds
   95  for alternative transportation systems, the authority, except as
   96  provided in s. 287.055, is exempt from departmental policies,
   97  procedures, and standards, subject to the secretary having the
   98  authority to apply any such policies, procedures, and standards
   99  to the authority from time to time as deemed appropriate.
  100         Section 2. Paragraph (a) of subsection (4) of section
  101  201.15, Florida Statutes, is amended, and paragraph (b) of that
  102  subsection is republished, to read:
  103         201.15 Distribution of taxes collected.—All taxes collected
  104  under this chapter are hereby pledged and shall be first made
  105  available to make payments when due on bonds issued pursuant to
  106  s. 215.618 or s. 215.619, or any other bonds authorized to be
  107  issued on a parity basis with such bonds. Such pledge and
  108  availability for the payment of these bonds shall have priority
  109  over any requirement for the payment of service charges or costs
  110  of collection and enforcement under this section. All taxes
  111  collected under this chapter, except taxes distributed to the
  112  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  113  are subject to the service charge imposed in s. 215.20(1).
  114  Before distribution pursuant to this section, the Department of
  115  Revenue shall deduct amounts necessary to pay the costs of the
  116  collection and enforcement of the tax levied by this chapter.
  117  The costs and service charge may not be levied against any
  118  portion of taxes pledged to debt service on bonds to the extent
  119  that the costs and service charge are required to pay any
  120  amounts relating to the bonds. All of the costs of the
  121  collection and enforcement of the tax levied by this chapter and
  122  the service charge shall be available and transferred to the
  123  extent necessary to pay debt service and any other amounts
  124  payable with respect to bonds authorized before January 1, 2017,
  125  secured by revenues distributed pursuant to this section. All
  126  taxes remaining after deduction of costs shall be distributed as
  127  follows:
  128         (4) After the required distributions to the Land
  129  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  130  deduction of the service charge imposed pursuant to s.
  131  215.20(1), the remainder shall be distributed as follows:
  132         (a) The lesser of 24.18442 percent of the remainder or
  133  $541.75 million in each fiscal year shall be paid into the State
  134  Treasury to the credit of the State Transportation Trust Fund.
  135  Of such funds, $75 million for each fiscal year shall be
  136  transferred to the General Revenue Fund. Notwithstanding any
  137  other law, the remaining amount credited to the State
  138  Transportation Trust Fund shall be used for:
  139         1. Capital funding for the New Starts Transit Program,
  140  authorized by Title 49, U.S.C. s. 5309 and specified in s.
  141  341.051, in the amount of 10 percent of the funds;
  142         2. The Small County Outreach Program specified in s.
  143  339.2818, in the amount of 10 percent of the funds;
  144         3. The Strategic Intermodal System specified in ss. 339.61,
  145  339.62, 339.63, and 339.64, in the amount of 75 percent of the
  146  funds after deduction of the payments required pursuant to
  147  subparagraphs 1. and 2.; and
  148         4. The Transportation Regional Incentive Program specified
  149  in s. 339.2819, in the amount of 25 percent of the funds after
  150  deduction of the payments required pursuant to subparagraphs 1.
  151  and 2. Beginning in the 2021-2022 fiscal year, the first $60
  152  million of the funds allocated pursuant to this subparagraph
  153  must shall be allocated annually for alternative transportation
  154  systems, as defined in s. 341.86, as follows:
  155         a.Twenty-five million dollars on a matching basis to the
  156  Tampa Bay Area Regional Transit Authority for the design and
  157  construction of an alternative transportation system, as defined
  158  in s. 341.86. One dollar in local or private matching funds must
  159  be provided for each dollar distributed under this sub
  160  subparagraph. Federal funds may not be substituted for the local
  161  or private matching funds.
  162         b.Thirty-five million dollars to the Statewide Alternative
  163  Transportation Authority to the Florida Rail Enterprise for the
  164  purposes established in s. 341.86 s. 341.303(5).
  165         (b) The lesser of 0.1456 percent of the remainder or $3.25
  166  million in each fiscal year shall be paid into the State
  167  Treasury to the credit of the Grants and Donations Trust Fund in
  168  the Department of Economic Opportunity to fund technical
  169  assistance to local governments.
  171  Moneys distributed pursuant to paragraphs (a) and (b) may not be
  172  pledged for debt service unless such pledge is approved by
  173  referendum of the voters.
  174         Section 3. Subsection (5) of section 341.303, Florida
  175  Statutes, is repealed.
  176         Section 4. Section 341.86, Florida Statutes, is created to
  177  read:
  178         341.86Statewide Alternative Transportation Authority.—
  179         (1)There is created within the department the Statewide
  180  Alternative Transportation Authority.
  181         (2)For purposes of this section, the term “alternative
  182  transportation system” means a system of infrastructure,
  183  appurtenances, and technology designed to move the greatest
  184  number of people in the least amount of time. The term includes,
  185  but is not limited to, autonomous vehicles as defined in s.
  186  316.003 and transportation network companies as defined in s.
  187  627.748. The term does not include other traditional uses of a
  188  roadway system for conveyance.
  189         (3)In addition to the powers granted to the department,
  190  the authority may exercise all powers granted to it under this
  191  section. These powers are in addition and supplemental to the
  192  existing powers of the department. Powers of the authority
  193  include, but are not limited to:
  194         (a)Evaluating, financing, and overseeing proposals for
  195  alternative transportation systems in this state.
  196         (b)Expending funds to publicize and promote alternative
  197  transportation systems and to contract with entities to
  198  accomplish these purposes.
  199         (c)Soliciting proposals in accordance with chapter 287 for
  200  the design and construction of alternative transportation
  201  systems and contracting with entities to expend funds to
  202  accomplish this purpose.
  203         (4)(a)The authority shall be a single budget entity and
  204  shall develop a budget pursuant to chapter 216. The authority’s
  205  budget shall be submitted to the Legislature with the
  206  department’s budget. All alternative transportation funding by
  207  the department must be included in this budget entity.
  208         (b)Notwithstanding the provisions of s. 216.301 to the
  209  contrary and in accordance with s. 216.351, the Executive Office
  210  of the Governor shall, on July 1 of each year, certify forward
  211  all unexpended funds appropriated or provided for the authority.
  212  Of the unexpended funds certified forward, any unencumbered
  213  amounts shall be carried forward. Such funds carried forward may
  214  not exceed 5 percent of the original approved operating budget
  215  of the authority pursuant to s. 216.181(1). Funds carried
  216  forward pursuant to this paragraph may be used for the purposes
  217  specified in this section. Any certified-forward funds remaining
  218  undisbursed on September 30 of each year shall be carried
  219  forward.
  220         (5)The department, through the authority, shall use funds
  221  provided pursuant to s. 201.15(4)(a)4.b. in a county to fund the
  222  design and construction of an alternative transportation system
  223  for passengers based on a county proposal that the authority
  224  approves as being consistent with the requirements of this
  225  section.
  226         (6)Of the $35 million allocated under s. 201.15(4)(a)4.b.,
  227  the authority must use $25 million for an alternative
  228  transportation system in a county as defined in s. 125.011(1).
  229  The authority must use the remainder for such a system in any
  230  other county or counties in the state.
  231         (7)A county proposing the use of funds for an alternative
  232  transportation system must submit a request to the authority
  233  which must include a detailed project and financial plan. The
  234  funding request must specify the duration of the project and the
  235  total amount sought by state fiscal year.
  236         (8)One dollar in local or private matching funds must be
  237  provided for each dollar distributed under this section. Federal
  238  funds may not be substituted for the local or private matching
  239  funds.
  240         (9)Funds distributed under this section may not be used to
  241  subsidize projects with existing funding commitments as of July
  242  1, 2018.
  243         Section 5. Paragraph (b) of subsection (4) of section
  244  343.58, Florida Statutes, is amended to read:
  245         343.58 County funding for the South Florida Regional
  246  Transportation Authority.—
  247         (4) Notwithstanding any other provision of law to the
  248  contrary and effective July 1, 2010, until as provided in
  249  paragraph (d), the department shall transfer annually from the
  250  State Transportation Trust Fund to the South Florida Regional
  251  Transportation Authority the amounts specified in subparagraph
  252  (a)1. or subparagraph (a)2.
  253         (b) Funding required by this subsection may not be provided
  254  from the funds dedicated to the Statewide Alternative
  255  Transportation Authority Florida Rail Enterprise pursuant to s.
  256  201.15(4)(a)4.b. s. 201.15(4)(a)4.
  257         Section 6. This act shall take effect July 1, 2018.