Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1226
       
       
       
       
       
       
                                Ì584592CÎ584592                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2024           .                                
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 121 - 309
    5  and insert:
    6         Section 3. Section 334.046, Florida Statutes, is amended to
    7  read:
    8         334.046 Department mission, goals, and objectives.—
    9         (1) The department shall consider the following prevailing
   10  principles when to be considered in planning and developing the
   11  state’s multimodal an integrated, balanced statewide
   12  transportation system are: preserving Florida’s the existing
   13  transportation infrastructure; supporting its enhancing
   14  Florida’s economic competitiveness; promoting the efficient
   15  movement of people and goods; and preserving Florida’s quality
   16  of life of this state improving travel choices to ensure
   17  mobility.
   18         (2) The mission of the Department of Transportation shall
   19  be to provide a safe statewide transportation system that
   20  promotes the efficient movement ensures the mobility of people
   21  and goods, supports the state’s enhances economic
   22  competitiveness, prioritizes Florida’s environment and natural
   23  resources prosperity, and preserves the quality of life and
   24  connectedness of the state’s our environment and communities.
   25         (3) The department shall document in the Florida
   26  Transportation Plan, in accordance with s. 339.155 and based
   27  upon the prevailing principles outlined in this section shall be
   28  incorporated into all of preserving the existing transportation
   29  infrastructure, enhancing Florida’s economic competitiveness,
   30  and improving travel choices to ensure mobility, the goals and
   31  objectives that provide statewide policy guidance for
   32  accomplishing the department’s mission, including the Florida
   33  Transportation Plan outlined in s. 339.155.
   34         (4) At a minimum, the department’s goals shall address the
   35  following prevailing principles:.
   36         (a) Maintaining investments Preservation.—Protecting the
   37  state’s transportation infrastructure investment, which.
   38  Preservation includes:
   39         1. Ensuring that 80 percent of the pavement on the State
   40  Highway System meets department standards;
   41         2. Ensuring that 90 percent of department-maintained
   42  bridges meet department standards; and
   43         3. Ensuring that the department achieves 100 percent of the
   44  acceptable maintenance standard on the state highway system.
   45         (b) Economic competitiveness.—Ensuring that the state has a
   46  clear understanding of the return on investment and economic
   47  impacts consequences of transportation infrastructure
   48  investments, and how such investments affect the state’s
   49  economic competitiveness. The department must develop a
   50  macroeconomic analysis of the linkages between transportation
   51  investment and economic performance, as well as a method to
   52  quantifiably measure the economic benefits of the district-work
   53  program investments. Such an analysis must analyze:
   54         1. The state’s and district’s economic performance relative
   55  to the competition.
   56         2. The business environment as viewed from the perspective
   57  of companies evaluating the state as a place in which to do
   58  business.
   59         3. The state’s capacity to sustain long-term growth.
   60         (c) Connected transportation system Mobility.—Ensuring a
   61  cost-effective, statewide, interconnected transportation system
   62  that provides for the most efficient and effective multimodality
   63  and mobility.
   64         (d)Preserving Florida’s natural resources and quality of
   65  life.—Prioritizing Florida’s natural resources and the quality
   66  of life of its communities.
   67         Section 4. Section 334.61, Florida Statutes, is created to
   68  read:
   69         334.61 Traffic lane repurposing.—
   70         (1) Whenever a governmental entity proposes any project
   71  that will repurpose one or more existing traffic lanes, the
   72  governmental entity shall include a traffic study to address any
   73  potential adverse impacts of the project, including, but not
   74  limited to, changes in traffic congestion and impacts on safety.
   75         (2) If, following the study required by subsection (1), the
   76  governmental entity elects to continue with the design of the
   77  project, it must notify all affected property owners, impacted
   78  municipalities, and the counties in which the project is located
   79  at least 180 days before the design phase of the project is
   80  completed. The notice must provide a written explanation
   81  regarding the need for the project, information on how to review
   82  the traffic study required by subsection (1), and indicate that
   83  all affected parties will be given an opportunity to provide
   84  comments to the proposing entity regarding potential impacts of
   85  the change.
   86         (3) The governmental entity shall hold at least one public
   87  meeting, with at least 30 days prior notice, before completing
   88  the design phase of the project in the jurisdiction where the
   89  project is located. At the public meeting, the governmental
   90  entity shall explain the purpose of the project and receive
   91  public input, including possible alternatives, to determine the
   92  manner in which the project will affect the community.
   93         (4) The governmental entity shall review all comments from
   94  the public meeting and take the comments and any alternatives
   95  presented during the meeting into consideration in the final
   96  design of the project.
   97         Section 5. Paragraph (c) of subsection (3) of section
   98  338.231, Florida Statutes, is amended to read:
   99         338.231 Turnpike tolls, fixing; pledge of tolls and other
  100  revenues.—The department shall at all times fix, adjust, charge,
  101  and collect such tolls and amounts for the use of the turnpike
  102  system as are required in order to provide a fund sufficient
  103  with other revenues of the turnpike system to pay the cost of
  104  maintaining, improving, repairing, and operating such turnpike
  105  system; to pay the principal of and interest on all bonds issued
  106  to finance or refinance any portion of the turnpike system as
  107  the same become due and payable; and to create reserves for all
  108  such purposes.
  109         (3)
  110         (c) Notwithstanding any other provision of law to the
  111  contrary, any prepaid toll account of any kind which has
  112  remained inactive for 10 3 years is shall be presumed unclaimed
  113  and its disposition shall be handled by the Department of
  114  Financial Services in accordance with all applicable provisions
  115  of chapter 717 relating to the disposition of unclaimed
  116  property, and the prepaid toll account shall be closed by the
  117  department.
  118         Section 6. Subsection (5) is added to section 339.08,
  119  Florida Statutes, to read:
  120         339.08 Use of moneys in State Transportation Trust Fund.—
  121         (5)The department may not expend any state funds as
  122  described in s. 215.31 to support a project or program of any of
  123  the following entities:
  124         (a) A public transit provider as defined in s. 341.031;
  125         (b) An authority created pursuant to chapter 343, chapter
  126  348, or chapter 349;
  127         (c) A public-use airport as defined in s. 332.004; or
  128         (d) A port listed in s. 311.09(1),
  129  
  130  which is found in violation of s. 381.00316. The department
  131  shall withhold state funds until the public transit provider,
  132  authority, public-use airport, or port is found in compliance
  133  with s. 381.00316.
  134         Section 7. Section 339.0803, Florida Statutes, is amended
  135  to read:
  136         339.0803 Allocation of increased revenues derived from
  137  amendments to s. 320.08 by ch. 2019-43.—
  138         (1) Beginning in the 2021-2022 fiscal year and each fiscal
  139  year thereafter, funds that result from increased revenues to
  140  the State Transportation Trust Fund derived from the amendments
  141  to s. 320.08 made by chapter 2019-43, Laws of Florida, and
  142  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  143  to fund arterial highway projects identified by the department
  144  in accordance with s. 339.65 and may be used for projects as
  145  specified in ss. 339.66 and 339.67. For purposes of the funding
  146  provided in this section, the department shall prioritize use of
  147  existing facilities or portions thereof when upgrading arterial
  148  highways to limited or controlled access facilities. However,
  149  this section does not preclude use of the funding for projects
  150  that enhance the capacity of an arterial highway. The funds
  151  allocated as provided in this section shall be in addition to
  152  any other statutory funding allocations provided by law.
  153         (2) Revenues deposited into the State Transportation Trust
  154  Fund pursuant to s. 320.20(5)(a) shall first be available for
  155  appropriation for payments under a service contract entered into
  156  with the Florida Department of Transportation Financing
  157  Corporation pursuant to s. 339.0809(4) to fund arterial highway
  158  projects. For the corporation’s bonding purposes, two or more
  159  such projects in the department’s adopted work program may be
  160  treated as a single project.
  161         Section 8. Subsection (13) of section 339.0809, Florida
  162  Statutes, is amended, and subsection (14) is added to that
  163  section, to read:
  164         339.0809 Florida Department of Transportation Financing
  165  Corporation.—
  166         (13) The department may enter into a service contract in
  167  conjunction with the issuance of debt obligations as provided in
  168  this section which provides for periodic payments for debt
  169  service or other amounts payable with respect to debt
  170  obligations, plus any administrative expenses of the Florida
  171  Department of Transportation Financing Corporation. Funds
  172  appropriated for payments under a service contract shall be
  173  available after funds pledged to payment on bonds, but before
  174  other statutorily required distributions.
  175         (14)The department may enter into a service contract to
  176  finance the projects authorized in s. 215 of ch. 2023-239, Laws
  177  of Florida, and in budget amendment EOG# 2024-B0112, and
  178  subsequently adopted into the 5-year work program. Service
  179  contract payments may not exceed 7 percent of the funds
  180  deposited in the State Transportation Trust Fund in each fiscal
  181  year. The annual payments under such service contract shall be
  182  included in the department’s work program and legislative budget
  183  request developed pursuant to s. 339.135. The department shall
  184  ensure that the annual payments are programmed for the life of
  185  the service contract before execution of the service contract
  186  and shall remain programmed until fully paid.
  187         Section 9. Subsection (8) is added to section 339.2818,
  188  Florida Statutes, to read:
  189         339.2818 Small County Outreach Program.—
  190         (8) Subject to a specific appropriation in addition to
  191  funds appropriated for projects under this section, a local
  192  government either wholly or partially within the Everglades
  193  Agricultural Area as defined in s. 373.4592(15), the Peace River
  194  Basin, or the Suwannee River Basin may compete for additional
  195  funding using the criteria listed in paragraph (4)(c) at up to
  196  100 percent of project costs on state or county roads used
  197  primarily as farm-to-market connections between rural
  198  agricultural areas and market distribution centers, excluding
  199  capacity improvement projects.
  200         Section 10. Subsection (6) of section 341.051, Florida
  201  Statutes, is amended, paragraphs (c) and (d) are added to
  202  subsection (2), and subsection (8) is added to that section, to
  203  read:
  204         341.051 Administration and financing of public transit and
  205  intercity bus service programs and projects.—
  206         (2) PUBLIC TRANSIT PLAN.—
  207         (c)Any lane elimination or lane repurposing,
  208  recommendation, or application relating to public transit
  209  projects must be approved by a two-thirds vote of the transit
  210  authority board in a public meeting to be held after a 30-day
  211  public notice.
  212         (d)Any action of eminent domain for acquisition of public
  213  transit facilities carried out by a public transit provider must
  214  be discussed by the public transit provider at a public meeting
  215  to be held after a 30-day public notice.
  216         (6)(a) ANNUAL APPROPRIATION.—Funds paid into the State
  217  Transportation Trust Fund pursuant to s. 201.15 for the New
  218  Starts Transit Program are hereby annually appropriated for
  219  expenditure to support the New Starts Transit Program.
  220         (b)The remaining unallocated New Starts Transit Program
  221  funds as of June 30, 2024 shall be reallocated for the purpose
  222  of the Strategic Intermodal System within the State
  223  Transportation Trust Fund. This paragraph expires June 30, 2026.
  224         (8)EXTERIOR VEHICLE WRAP, TINTING, PAINT, MARKETING, AND
  225  ADVERTISING.—
  226         (a)As a condition of receiving funds from the department,
  227  a public transit provider may not expend department funds for
  228  marketing or advertising activities, including any wrap,
  229  tinting, paint, or other medium displayed, attached, or affixed
  230  on a bus, commercial motor vehicle, or motor vehicle that is
  231  owned, leased, or operated by a public transit provider and is
  232  limited to displaying a brand or logo of the public transit
  233  provider, the official seal of the jurisdictional governmental
  234  entity, or a state agency public service announcement.
  235         (b)The department shall incorporate guidelines for the
  236  marketing or advertising activities allowed under paragraph (a)
  237  in the public transportation grant agreement entered into with
  238  each public transit provider.
  239         (c)Any new wrap, tinting, paint, medium, or advertisement
  240  on the passenger windows of a vehicle used by a public transit
  241  provider may not be darker than the legally allowed window
  242  tinting requirements as provided in s. 316.2954.
  243  
  244  For purposes of this section, the term “net operating costs”
  245  means all operating costs of a project less any federal funds,
  246  fares, or other sources of income to the project.
  247         Section 11. Subsection (4) is added to section 341.071,
  248  Florida Statutes, to read:
  249         341.071 Transit productivity and performance measures;
  250  reports.—
  251         (4)(a) As used in this subsection, the term:
  252         1. “General administrative costs” includes, but is not
  253  limited to, costs related to transit service development,
  254  injuries and damages, safety, personnel administration, legal
  255  services, data processing, finance and accounting, purchasing
  256  and stores, engineering, real estate management, office
  257  management and services, customer service, promotion, market
  258  research, and planning. The term does not include insurance
  259  costs.
  260         2. “Public transit provider” means a public agency
  261  providing public transit service, including an authority created
  262  pursuant to part II of chapter 343 or chapter 349. The term does
  263  not apply to the Central Florida Commuter Rail Commission or the
  264  authority created pursuant to part I of chapter 343.
  265         3.“Tier 1 provider” has the same meaning as in 49 C.F.R.
  266  part 625.
  267         4.“Tier 2 provider” has the same meaning as in defined in
  268  49 C.F.R. part 625.
  269         (b)Beginning November 1, 2024, and annually thereafter,
  270  each public transit provider, during a publicly noticed meeting,
  271  shall:
  272         1.Certify that its budgeted and general administration
  273  costs are not greater than 20 percent above the annual state
  274  average of administrative costs for its respective tier.
  275         2.Present a line-item budget report of its budgeted and
  276  actual general administration costs.
  277         3.Disclose all salaried executive-management-level
  278  employees’ total compensation packages, ridership performance
  279  and metrics, and any gift as defined in s. 112.312 accepted in
  280  exchange for contracts. This disclosure shall be posted annually
  281  on the public transit provider’s website.
  282         (c)To support compliance with paragraph (b), the
  283  department shall determine, by tier, the annual state average of
  284  general administrative costs by determining the percentage of
  285  the total operating budget that is expended on general
  286  administration costs in this state annually by March 31 to
  287  inform the public transit provider’s budget for the following
  288  fiscal year. Upon review and certification by the department,
  289  costs budgeted and expended in association with nontransit
  290  related engineering and construction services may be excluded.
  291         (d)A year-over-year cumulative increase of 5 percent or
  292  more in general administration costs must be reviewed before the
  293  start of the next fiscal year and must be reviewed and approved
  294  by the department before approval by the public transportation
  295  provider’s governing board.
  296  ================= T I T L E  A M E N D M E N T ================
  297  And the title is amended as follows:
  298         Delete lines 14 - 66
  299  and insert:
  300         tentative work program; amending s. 334.046, F.S.;
  301         revising provisions relating to the department’s
  302         mission, goals, and objectives; creating s. 334.61,
  303         F.S.; requiring governmental entities that propose
  304         certain projects to conduct a traffic study; requiring
  305         notice to property owners, impacted municipalities,
  306         and counties affected by such projects within a
  307         specified timeframe; providing notice requirements;
  308         requiring such governmental entities to hold a public
  309         meeting before completion of the design phase of such
  310         projects; providing requirements for such public
  311         meetings; requiring such governmental entities to
  312         review and take into consideration comments and
  313         alternatives presented in public meetings in the final
  314         project design; amending s. 338.231, F.S.; extending
  315         the length of time before which an inactive prepaid
  316         toll account becomes unclaimed property; amending s.
  317         339.08, F.S.; prohibiting the department from
  318         expending state funds to support a project or program
  319         of specified entities; requiring the department to
  320         withhold state funds until such entities are in
  321         compliance with a specified provision; amending s.
  322         339.0803, F.S.; prioritizing availability of certain
  323         revenues deposited into the State Transportation Trust
  324         Fund for payments under service contracts with the
  325         Florida Department of Transportation Financing
  326         Corporation to fund arterial highway projects;
  327         providing that two or more such projects may be
  328         treated as a single project for certain purposes;
  329         amending s. 339.0809, F.S.; specifying availability of
  330         funds appropriated for payments under a service
  331         contract with the corporation; authorizing the
  332         department to enter into service contracts to finance
  333         certain projects; providing requirements for annual
  334         service contract payments; requiring the department,
  335         before execution of a service contract, to ensure that
  336         annual payments are programmed for the life of the
  337         contract and to ensure that they remain programmed
  338         until fully paid; amending s. 339.2818, F.S.;
  339         authorizing, subject to appropriation, a local
  340         government within a specified area to compete for
  341         funding using specified criteria on specified roads;
  342         providing an exclusion; amending s. 341.051, F.S.;
  343         providing voting and meeting notice requirements for
  344         specified public transit projects; providing meeting
  345         notice requirements for discussion of specified
  346         actions by a public transit provider; requiring that
  347         certain unallocated funds for the New Starts Transit
  348         Program be reallocated for the purpose of the
  349         Strategic Intermodal System; limiting, as a condition
  350         of receiving state funds, the displays marketing or
  351         advertising a public transit provider may display on
  352         certain vehicles; requiring the department to
  353         incorporate guidelines in the public transportation
  354         grant agreement entered into with each public transit
  355         provider; prohibiting certain media on passenger
  356         windows of public transit provider vehicles from being
  357         darker than certain window tinting requirements;
  358         amending s. 341.071, F.S.; defining terms; beginning
  359         on a specified date and annually thereafter, requiring
  360         each public transit provider to take specified actions
  361         during a publicly noticed meeting; requiring that a
  362         certain disclosure be posted on public transit
  363         providers’ websites; requiring a specified increase in
  364         general administration costs to be reviewed and
  365         approved by certain entities; amending