HB 7B

1
A bill to be entitled
2An act relating to transportation; amending s. 339.135,
3F.S.; providing a funding source for allocations to the
4South Florida Regional Transportation Authority under
5specified provisions; amending s. 343.58, F.S., relating
6to the South Florida Regional Transportation Authority;
7providing that funds dedicated by county governments may
8be used for certain purposes; providing for allocation of
9funds from the State Transportation Trust Fund to the
10authority; providing for cessation of the allocation under
11certain circumstances; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (a) of subsection (4) of section
16339.135, Florida Statutes, is amended to read:
17     339.135  Work program; legislative budget request;
18definitions; preparation, adoption, execution, and amendment.-
19     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
20     (a)1.  To assure that no district or county is penalized
21for local efforts to improve the State Highway System, the
22department shall, for the purpose of developing a tentative work
23program, allocate funds for new construction to the districts,
24except for the turnpike enterprise, based on equal parts of
25population and motor fuel tax collections. Funds for
26resurfacing, bridge repair and rehabilitation, bridge fender
27system construction or repair, public transit projects except
28public transit block grants as provided in s. 341.052, and other
29programs with quantitative needs assessments shall be allocated
30based on the results of these assessments. The department may
31not transfer any funds allocated to a district under this
32paragraph to any other district except as provided in subsection
33(7). Funds for public transit block grants shall be allocated to
34the districts pursuant to s. 341.052. Funds for the intercity
35bus program provided for under s. 5311(f) of the federal
36nonurbanized area formula program shall be administered and
37allocated directly to eligible bus carriers as defined in s.
38341.031(12) at the state level rather than the district. In
39order to provide state funding to support the intercity bus
40program provided for under provisions of the federal 5311(f)
41program, the department shall allocate an amount equal to the
42federal share of the 5311(f) program from amounts calculated
43pursuant to s. 206.46(3).
44     2.  Notwithstanding the provisions of subparagraph 1., the
45department shall allocate at least 50 percent of any new
46discretionary highway capacity funds to the Florida Strategic
47Intermodal System created pursuant to s. 339.61. Any remaining
48new discretionary highway capacity funds shall be allocated to
49the districts for new construction as provided in subparagraph
501. For the purposes of this subparagraph, the term "new
51discretionary highway capacity funds" means any funds available
52to the department above the prior year funding level for
53capacity improvements, which the department has the discretion
54to allocate to highway projects.
55     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
56334.044(26), and 339.2819(3), and for the 2009-2010 fiscal year
57only, the department shall reduce work program levels to balance
58the finance plan to the revised funding levels resulting from
59any reduction in the 2009-2010 General Appropriations Act. This
60subparagraph expires July 1, 2010.
61     4.  For the 2009-2010 fiscal year only, prior to any
62project or phase thereof being deferred, the department's cash
63balances shall be as provided in paragraph (6)(b), and the
64reductions in subparagraph 3. shall be made to financial
65projects not programmed for contract letting as identified with
66a work program contract class code 8 and the box code RV. These
67reductions shall not negatively impact safety or maintenance or
68project contingency percentage levels as of April 21, 2009. This
69subparagraph expires July 1, 2010.
70     5.  Notwithstanding subparagraphs 1. and 2. and ss.
71206.46(3) and 334.044(26), and for fiscal years 2009-2010
72through 2013-2014 only, the department shall annually allocate
73up to $15 million of the first proceeds of the increased
74revenues estimated by the November 2009 Revenue Estimating
75Conference to be deposited into the State Transportation Trust
76Fund to provide for the portion of the transfer of funds
77included in s. 343.58(4)(a)1. or s. 343.58(4)(b)1., whichever is
78applicable. The transfer of funds included in s. 343.58(4) shall
79not negatively impact projects included in fiscal years 2009-
802010 through 2013-2014 of the work program as of July 1, 2009,
81as amended pursuant to subsection (7). This subparagraph expires
82July 1, 2014.
83     Section 2.  Section 343.58, Florida Statutes, is amended to
84read:
85     343.58  County funding for the South Florida Regional
86Transportation Authority.-
87     (1)  Each county served by the South Florida Regional
88Transportation Authority must dedicate and transfer not less
89than $2.67 million to the authority annually. The recurring
90annual $2.67 million must be dedicated by the governing body of
91each county before October 31 of each fiscal year. These funds
92may be used for capital, operations, and maintenance.
93     (2)  At least $45 million of a state-authorized, local
94option recurring funding source available to Broward, Miami-
95Dade, and Palm Beach counties is directed to the authority to
96fund its capital, operating, and maintenance expenses. The
97funding source shall be dedicated to the authority only if
98Broward, Miami-Dade, and Palm Beach counties impose the local
99option funding source.
100     (3)  In addition, each county shall continue to annually
101fund the operations of the South Florida Regional Transportation
102Authority in an amount not less than $1.565 million. Revenue
103raised pursuant to this subsection shall also be considered a
104dedicated funding source.
105     (4)  Notwithstanding any other provision of law to the
106contrary and effective July 1, 2010, the department shall
107transfer annually from the State Transportation Trust Fund to
108the South Florida Regional Transportation Authority the amounts
109specified in paragraph (a) or paragraph (b).
110     (a)  If the authority becomes responsible for maintaining
111and dispatching the South Florida Rail Corridor:
112     1.  $15 million from the State Transportation Trust Fund to
113the South Florida Regional Transportation Authority for
114operations, maintenance, and dispatch; and
115     2.  An amount no less than the work program commitments
116equal to $27.1 million for fiscal year 2010-2011, as of July 1,
1172009, for operating assistance to the authority and corridor
118track maintenance and contract maintenance for the South Florida
119Rail Corridor.
120     (b)  If the authority does not become responsible for
121maintaining and dispatching the South Florida Rail Corridor:
122     1.  $13.3 million from the State Transportation Trust Fund
123to the South Florida Regional Transportation Authority for
124operations; and
125     2.  An amount no less than the work program commitments
126equal to $17.3 million for fiscal year 2010-2011, as of July 1,
1272009, for operating assistance to the authority.
128     (5)(4)  The current funding obligations under subsections
129(1), and (3), and (4) shall cease upon commencement of the
130collection of funding from the funding source under subsection
131(2). If the funding under subsection (2) is discontinued for any
132reason, the funding obligations under subsections (1) and (3)
133shall resume when collection from the funding source under
134subsection (2) ceases. Payment by the counties shall be on a pro
135rata basis the first year following cessation of the funding
136under subsection (2). The authority shall refund a pro rata
137share of the payments for the current fiscal year made pursuant
138to the current funding obligations under subsections (1) and (3)
139as soon as reasonably practicable after it begins to receive
140funds under subsection (2). If, by December 31, 2015, the South
141Florida Regional Transportation Authority has not received
142federal matching funds based upon the dedication of funds under
143subsection (1), subsection (1) shall be repealed.
144     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.