Florida Senate - 2024 CS for SB 1226 By the Committee on Transportation; and Senator DiCeglie 596-02958B-24 20241226c1 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; deleting the requirement that 4 the secretary of the department appoint the 5 department’s inspector general; amending s. 311.101, 6 F.S.; requiring that a specified amount of recurring 7 funds from the State Transportation Trust Fund be made 8 available for the Intermodal Logistics Center 9 Infrastructure Support Program; requiring the 10 department to include specified projects in its 11 tentative work program; amending s. 334.044, F.S.; 12 revising requirements for the allocation of funds by 13 the department for the purchase of plant materials; 14 amending s. 338.231, F.S.; extending the length of 15 time before which an inactive prepaid toll account 16 becomes unclaimed property; amending s. 339.0803, 17 F.S.; prioritizing availability of certain revenues 18 deposited into the State Transportation Trust Fund for 19 payments under service contracts with the Florida 20 Department of Transportation Financing Corporation to 21 fund arterial highway projects; providing that two or 22 more of such projects may be treated as a single 23 project for certain purposes; amending s. 339.0809, 24 F.S.; specifying priority of availability of funds 25 appropriated for payments under a service contract 26 with the corporation; amending s. 339.2818, F.S.; 27 authorizing, subject to appropriation, a local 28 government within specified areas to compete for 29 funding using specified criteria on specified roads; 30 providing an exclusion; amending s. 341.071, F.S.; 31 defining the terms “administrative costs” and “public 32 transit provider”; requiring each public transit 33 provider to annually certify that its budgeted and 34 actual administrative costs are not greater than a 35 specified amount; requiring the disclosure of 36 specified information; requiring the department to 37 calculate the annual state average of administrative 38 costs by a specified date; amending s. 341.822, F.S.; 39 revising the powers of the Florida Rail Enterprise; 40 providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Paragraph (d) of subsection (3) of section 45 20.23, Florida Statutes, is amended to read: 46 20.23 Department of Transportation.—There is created a 47 Department of Transportation which shall be a decentralized 48 agency. 49 (3) 50(d) The secretary shall appoint an inspector general51pursuant to s. 20.055 who shall be directly responsible to the52secretary and shall serve at the pleasure of the secretary.53 Section 2. Present subsection (7) of section 311.101, 54 Florida Statutes, is redesignated as subsection (8), and a new 55 subsection (7) is added to that section, to read: 56 311.101 Intermodal Logistics Center Infrastructure Support 57 Program.— 58 (7) Beginning with the 2024-2025 fiscal year through the 59 2029-2030 fiscal year, $15 million in recurring funds shall be 60 made available from the State Transportation Trust Fund for the 61 program. The Department of Transportation shall include projects 62 proposed to be funded under this section in the tentative work 63 program developed pursuant to s. 339.135(4). 64 Section 3. Subsection (26) of section 334.044, Florida 65 Statutes, is amended to read: 66 334.044 Powers and duties of the department.—The department 67 shall have the following general powers and duties: 68 (26) To provide for the enhancement of environmental 69 benefits, including air and water quality; to prevent roadside 70 erosion; to conserve the natural roadside growth and scenery; 71 and to provide for the implementation and maintenance of 72 roadside conservation, enhancement, and stabilization programs. 73 (a) Of the total amount appropriated for a contracted 74 construction project, the percentage allocated for the purchase 75 of plant materials is as follows: 76 1. For projects with a contracted amount of $50 million or 77 less, 1.5 percent. 78 2. For projects with a contracted amount of $50,000,001 to 79 $100 million, 1 percent. 80 3. For projects with a contracted amount of $100,000,001 to 81 $250 million, 0.75 percent. 82 4. For projects with a contracted amount of $250,000,001 to 83 $500 million, 0.50 percent. 84 5. For projects with a contracted amount of $500,000,001 or 85 more, 0.25 percent.At least 1.5 percent of the amount86contracted for construction projects shall be allocated by the87department on a statewide basis for the purchase of plant88materials.89 (b) Department districts may not expend funds for 90 landscaping in connection with any project that is limited to 91 resurfacing existing lanes unless the expenditure has been 92 approved by the department’s secretary or the secretary’s 93 designee. To the greatest extent practical, at least 50 percent 94 of the funds allocated under this subsection shall be allocated 95 for large plant materials and the remaining funds for other 96 plant materials. Except as prohibited by applicable federal law 97 or regulation, all plant materials shall be purchased from 98Floridacommercial nursery stock in this state on a uniform 99 competitive bid basis. The department shall develop grades and 100 standards for landscaping materials purchased through this 101 process. To accomplish these activities, the department may 102 contract with nonprofit organizations having the primary purpose 103 of developing youth employment opportunities. 104 Section 4. Paragraph (c) of subsection (3) of section 105 338.231, Florida Statutes, is amended to read: 106 338.231 Turnpike tolls, fixing; pledge of tolls and other 107 revenues.—The department shall at all times fix, adjust, charge, 108 and collect such tolls and amounts for the use of the turnpike 109 system as are required in order to provide a fund sufficient 110 with other revenues of the turnpike system to pay the cost of 111 maintaining, improving, repairing, and operating such turnpike 112 system; to pay the principal of and interest on all bonds issued 113 to finance or refinance any portion of the turnpike system as 114 the same become due and payable; and to create reserves for all 115 such purposes. 116 (3) 117 (c) Notwithstanding any otherprovision oflaw to the 118 contrary, any prepaid toll account of any kind which has 119 remained inactive for 103years isshall bepresumed unclaimed 120 and its disposition shall be handled by the Department of 121 Financial Services in accordance with all applicable provisions 122 of chapter 717 relating to the disposition of unclaimed 123 property, and the prepaid toll account shall be closed by the 124 department. 125 Section 5. Section 339.0803, Florida Statutes, is amended 126 to read: 127 339.0803 Allocation of increased revenues derived from 128 amendments to s. 320.08 by ch. 2019-43.— 129 (1) Beginning in the 2021-2022 fiscal year and each fiscal 130 year thereafter, funds that result from increased revenues to 131 the State Transportation Trust Fund derived from the amendments 132 to s. 320.08 made by chapter 2019-43, Laws of Florida, and 133 deposited into the fund pursuant to s. 320.20(5)(a) must be used 134 to fund arterial highway projects identified by the department 135 in accordance with s. 339.65 and may be used for projects as 136 specified in ss. 339.66 and 339.67. For purposes of the funding 137 provided in this section, the department shall prioritize use of 138 existing facilities or portions thereof when upgrading arterial 139 highways to limited or controlled access facilities. However, 140 this section does not preclude use of the funding for projects 141 that enhance the capacity of an arterial highway. The funds 142 allocated as provided in this section shall be in addition to 143 any other statutory funding allocations provided by law. 144 (2) Revenues deposited into the State Transportation Trust 145 Fund pursuant to s. 320.20(5)(a) shall first be available for 146 appropriation for payments under a service contract entered into 147 with the Florida Department of Transportation Financing 148 Corporation pursuant to s. 339.0809(4) to fund arterial highway 149 projects. For the corporation’s bonding purposes, two or more of 150 such projects in the department’s approved work program may be 151 treated as a single project. 152 Section 6. Subsection (13) of section 339.0809, Florida 153 Statutes, is amended to read: 154 339.0809 Florida Department of Transportation Financing 155 Corporation.— 156 (13) The department may enter into a service contract in 157 conjunction with the issuance of debt obligations as provided in 158 this section which provides for periodic payments for debt 159 service or other amounts payable with respect to debt 160 obligations, plus any administrative expenses of the Florida 161 Department of Transportation Financing Corporation. Funds 162 appropriated for payments under a service contract shall be 163 available after funds pledged to payment on bonds but before 164 other statutorily required distributions. 165 Section 7. Subsection (8) is added to section 339.2818, 166 Florida Statutes, to read: 167 339.2818 Small County Outreach Program.— 168 (8) Subject to specific appropriation in addition to funds 169 appropriated for projects under this section, a local government 170 either wholly or partially within the Everglades Agricultural 171 Area as defined in s. 373.4592(15), the Peace River Basin, or 172 the Suwannee River Basin may compete for additional funding 173 using the criteria listed in paragraph (4)(c) at up to 100 174 percent of project costs on state or county roads used primarily 175 as farm to market connections between rural agricultural areas 176 and market distribution centers, excluding capacity improvement 177 projects. 178 Section 8. Subsection (4) is added to section 341.071, 179 Florida Statutes, to read: 180 341.071 Transit productivity and performance measures; 181 reports.— 182 (4)(a) As used in this subsection, the term: 183 1. “Administrative costs” includes, but is not limited to, 184 salaried employees’ compensation and benefits, small business 185 outreach, professional service contracts not directly related to 186 the operation and maintenance of a transit system, and other 187 overhead expenses. This term does not include insurance costs. 188 2. “Public transit provider” means a public agency 189 providing public transit service, including an authority created 190 pursuant to chapter 343 or chapter 349. 191 (b) Each public transit provider shall, during a publicly 192 noticed meeting, annually certify that its budgeted and actual 193 administrative costs are not greater than 20 percent above the 194 annual state average of administrative costs. The provider shall 195 also disclose all employees’ compensation and benefits, 196 ridership performance and metrics, and any gifts as defined in 197 s. 112.312 accepted in exchange for contracts. 198 (c) To support compliance with paragraph (b), the 199 department shall determine the annual state average of 200 administrative costs by calculating the annual administrative 201 costs of all the public transit providers in this state annually 202 by March 31 to inform the provider’s following Fiscal Year 203 budget. 204 Section 9. Paragraph (a) of subsection (2) of section 205 341.822, Florida Statutes, is amended to read: 206 341.822 Powers and duties.— 207 (2)(a) In addition to the powers granted to the department, 208 the enterprise has full authority to exercise all powers granted 209 to it under this chapter. Powers shall include, but are not 210 limited to, the ability to plan, construct, maintain, repair, 211 and operate a high-speed rail system,to acquire corridors, and212 to coordinate the development and operation of publicly funded 213 passenger rail systems in the state, and to preserve future rail 214 corridors and rights-of-way in coordination with the 215 department’s planning of the State Highway System. 216 Section 10. This act shall take effect July 1, 2024.