Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1226
       
       
       
       
       
       
                                Ì956720ÂÎ956720                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2024           .                                
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       The Appropriations Committee on Transportation, Tourism, and
       Economic Development (DiCeglie) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (b) and (d) of subsection (3) of
    6  section 20.23, Florida Statutes, are amended to read:
    7         20.23 Department of Transportation.—There is created a
    8  Department of Transportation which shall be a decentralized
    9  agency.
   10         (3)
   11         (b) The secretary may appoint positions at the level of
   12  deputy assistant secretary or director which the secretary deems
   13  necessary to accomplish the mission and goals of the department,
   14  including, but not limited to, the areas of program
   15  responsibility provided in this paragraph, each of whom shall be
   16  appointed by and serve at the pleasure of the secretary. The
   17  secretary may combine, separate, or delete offices as needed in
   18  consultation with the Executive Office of the Governor. The
   19  department’s areas of program responsibility include, but are
   20  not limited to all of the following:
   21         1. Administration.;
   22         2. Planning.;
   23         3. Modal development. Public transportation;
   24         4. Design.;
   25         5. Highway operations.;
   26         6. Right-of-way.;
   27         7. Toll operations.;
   28         8. Transportation technology.
   29         9.8. Information systems.;
   30         10.9. Motor carrier weight inspection.;
   31         11.10.Work program development Management and budget.;
   32         12.11. Comptroller.;
   33         13.12. Construction.;
   34         14.Statewide corridors.
   35         15.13. Maintenance.; and
   36         16. Forecasting and performance.
   37         17. Emergency management.
   38         18. Safety.
   39         19.14. Materials.
   40         (d) The secretary shall appoint an inspector general
   41  pursuant to s. 20.055 who shall be directly responsible to the
   42  secretary and shall serve at the pleasure of the secretary.
   43         Section 2. Present subsection (7) of section 311.101,
   44  Florida Statutes, is redesignated as subsection (8), and a new
   45  subsection (7) is added to that section, to read:
   46         311.101 Intermodal Logistics Center Infrastructure Support
   47  Program.—
   48         (7) Beginning with the 2024-2025 fiscal year through the
   49  2029-2030 fiscal year, $15 million in recurring funds shall be
   50  made available from the State Transportation Trust Fund for the
   51  program. The Department of Transportation shall include projects
   52  proposed to be funded under this section in the tentative work
   53  program developed pursuant to s. 339.135(4).
   54         Section 3. Section 334.61, Florida Statutes, is created to
   55  read:
   56         334.61 Traffic lane repurposing.—
   57         (1) Whenever a governmental entity proposes any project
   58  that will repurpose one or more existing traffic lanes, the
   59  governmental entity shall include a traffic study to address any
   60  potential adverse impacts of the project, including, but not
   61  limited to, changes in traffic congestion and impacts on safety.
   62         (2) If, following the study required by subsection (1), the
   63  governmental entity elects to continue with the design of the
   64  project, it must notify all affected property owners, impacted
   65  municipalities, and the counties in which the project is located
   66  at least 180 days before the design phase of the project is
   67  completed. The notice must provide a written explanation
   68  regarding the need for the project, information on how to review
   69  the traffic study required by subsection (1), and indicate that
   70  all affected parties will be given an opportunity to provide
   71  comments to the proposing entity regarding potential impacts of
   72  the change.
   73         (3) The governmental entity shall hold at least one public
   74  meeting, with at least 30 days prior notice, before completing
   75  the design phase of the project in the jurisdiction where the
   76  project is located. At the public meeting, the governmental
   77  entity shall explain the purpose of the project and receive
   78  public input, including possible alternatives, to determine the
   79  manner in which the project will affect the community.
   80         (4) The governmental entity shall review all comments from
   81  the public meeting and take the comments and any alternatives
   82  presented during the meeting into consideration in the final
   83  design of the project.
   84         Section 4. Paragraph (c) of subsection (3) of section
   85  338.231, Florida Statutes, is amended to read:
   86         338.231 Turnpike tolls, fixing; pledge of tolls and other
   87  revenues.—The department shall at all times fix, adjust, charge,
   88  and collect such tolls and amounts for the use of the turnpike
   89  system as are required in order to provide a fund sufficient
   90  with other revenues of the turnpike system to pay the cost of
   91  maintaining, improving, repairing, and operating such turnpike
   92  system; to pay the principal of and interest on all bonds issued
   93  to finance or refinance any portion of the turnpike system as
   94  the same become due and payable; and to create reserves for all
   95  such purposes.
   96         (3)
   97         (c) Notwithstanding any other provision of law to the
   98  contrary, any prepaid toll account of any kind which has
   99  remained inactive for 10 3 years is shall be presumed unclaimed
  100  and its disposition shall be handled by the Department of
  101  Financial Services in accordance with all applicable provisions
  102  of chapter 717 relating to the disposition of unclaimed
  103  property, and the prepaid toll account shall be closed by the
  104  department.
  105         Section 5. Present subsection (4) of section 339.08,
  106  Florida Statutes, is redesignated as subsection (5), and a new
  107  subsection (4) is added to that section, to read:
  108         339.08 Use of moneys in State Transportation Trust Fund.—
  109         (4) The department may not expend any state funds as
  110  described in s. 215.31 to support a project or program of any of
  111  the following entities which is found in violation of s.
  112  381.00316:
  113         (a) A public transit provider as defined in s. 341.031;
  114         (b) An authority created pursuant to chapter 343, chapter
  115  348, or chapter 349;
  116         (c) A public-use airport as defined in s. 332.004; or
  117         (d) A port listed in s. 311.09(1).
  118  
  119  The department shall withhold state funds until the public
  120  transit provider, authority, public-use airport, or port is
  121  found in compliance with s. 381.00316.
  122         Section 6. Section 339.0803, Florida Statutes, is amended
  123  to read:
  124         339.0803 Allocation of increased revenues derived from
  125  amendments to s. 320.08 by ch. 2019-43.—
  126         (1) Beginning in the 2021-2022 fiscal year and each fiscal
  127  year thereafter, funds that result from increased revenues to
  128  the State Transportation Trust Fund derived from the amendments
  129  to s. 320.08 made by chapter 2019-43, Laws of Florida, and
  130  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  131  to fund arterial highway projects identified by the department
  132  in accordance with s. 339.65 and may be used for projects as
  133  specified in ss. 339.66 and 339.67. For purposes of the funding
  134  provided in this section, the department shall prioritize use of
  135  existing facilities or portions thereof when upgrading arterial
  136  highways to limited or controlled access facilities. However,
  137  this section does not preclude use of the funding for projects
  138  that enhance the capacity of an arterial highway. The funds
  139  allocated as provided in this section shall be in addition to
  140  any other statutory funding allocations provided by law.
  141         (2) Revenues deposited into the State Transportation Trust
  142  Fund pursuant to s. 320.20(5)(a) shall first be available for
  143  appropriation for payments under a service contract entered into
  144  with the Florida Department of Transportation Financing
  145  Corporation pursuant to s. 339.0809(4) to fund arterial highway
  146  projects. For the corporation’s bonding purposes, two or more of
  147  such projects in the department’s adopted work program may be
  148  treated as a single project.
  149         Section 7. Subsection (13) of section 339.0809, Florida
  150  Statutes, is amended to read:
  151         339.0809 Florida Department of Transportation Financing
  152  Corporation.—
  153         (13) The department may enter into a service contract in
  154  conjunction with the issuance of debt obligations as provided in
  155  this section which provides for periodic payments for debt
  156  service or other amounts payable with respect to debt
  157  obligations, plus any administrative expenses of the Florida
  158  Department of Transportation Financing Corporation. Funds
  159  appropriated for payments under a service contract shall be
  160  available after funds pledged to payment on bonds, but before
  161  other statutorily required distributions.
  162         Section 8. Subsection (8) is added to section 339.2818,
  163  Florida Statutes, to read:
  164         339.2818 Small County Outreach Program.—
  165         (8) Subject to specific appropriation, in addition to funds
  166  appropriated for projects under this section, a local government
  167  either wholly or partially within the Everglades Agricultural
  168  Area as defined in s. 373.4592(15), the Peace River Basin, or
  169  the Suwannee River Basin may compete for additional funding
  170  using the criteria listed in paragraph (4)(c) at up to 100
  171  percent of project costs on state or county roads used primarily
  172  as farm to market connections between rural agricultural areas
  173  and market distribution centers, excluding capacity improvement
  174  projects.
  175         Section 9. Subsection (6) of section 341.051, Florida
  176  Statutes, is amended to read:
  177         341.051 Administration and financing of public transit and
  178  intercity bus service programs and projects.—
  179         (6)(a) ANNUAL APPROPRIATION.—Funds paid into the State
  180  Transportation Trust Fund pursuant to s. 201.15 for the New
  181  Starts Transit Program are hereby annually appropriated for
  182  expenditure to support the New Starts Transit Program.
  183         (b) The unallocated New Starts Transit Program funds
  184  remaining as of July 1, 2024, must be reallocated for the
  185  purpose of the Strategic Intermodal System within the State
  186  Transportation Trust Fund. This paragraph expires June 30, 2026.
  187  
  188  For purposes of this section, the term “net operating costs”
  189  means all operating costs of a project less any federal funds,
  190  fares, or other sources of income to the project.
  191         Section 10. Subsection (4) is added to section 341.071,
  192  Florida Statutes, to read:
  193         341.071 Transit productivity and performance measures;
  194  reports.—
  195         (4)(a) As used in this subsection, the term:
  196         1. “Administrative costs” includes, but is not limited to,
  197  salaried employees’ compensation and benefits, small business
  198  outreach, professional service contracts not directly related to
  199  the operation and maintenance of a transit system, and other
  200  overhead expenses. This term does not include insurance costs.
  201         2. “Public transit provider” means a public agency
  202  providing public transit service, including an authority created
  203  pursuant to part II of chapter 343 or chapter 349. This section
  204  does not apply to the Central Florida Commuter Rail Commission
  205  or the authority created pursuant to part II of chapter 343.
  206         3.“Tier 1 provider” as defined in 49 C.F.R. part 625.
  207         4.“Tier 2 provider” as defined in 49 C.F.R. part 625.
  208         (b) Beginning November 1, 2024, and annually thereafter,
  209  each public transit provider shall, during a publicly-noticed
  210  meeting, certify that its budgeted and actual administrative
  211  costs are not greater than 20 percent above the annual state
  212  average of administrative costs for its tier. The provider shall
  213  also disclose all employees’ compensation and benefits,
  214  ridership performance and metrics, and any gifts as defined in
  215  s. 112.312 accepted in exchange for contracts. This information
  216  must be posted on the provider’s website.
  217         (c) To support compliance with paragraph (b), the
  218  department shall, by tier, determine the percentage of each
  219  provider’s total operating budget spent on administrative costs
  220  annually by March 31 to inform the provider’s following fiscal
  221  year budget.
  222         Section 11. Section 341.072, Florida Statutes, is created
  223  to read:
  224         341.072 Public transit provider marketing and advertising
  225  standards.—
  226         (1)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, or paint on a bus, commercial motor vehicle, or motor
  230  vehicle, as those terms are defined in s. 316.003, except those
  231  that are limited to displaying a brand or logo of the public
  232  transit provider, the official seal of the jurisdictional
  233  governmental entity, or a state agency public service
  234  announcement.
  235         (2)The department shall incorporate guidelines for the
  236  marketing or advertising activities allowed under subsection (1)
  237  in the public transportation grant agreement entered with each
  238  public transit provider.
  239         (3)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 as provided in s. 316.2954.
  243         Section 12. Paragraph (a) of subsection (2) of section
  244  341.822, Florida Statutes, is amended to read:
  245         341.822 Powers and duties.—
  246         (2)(a) In addition to the powers granted to the department,
  247  the enterprise has full authority to exercise all powers granted
  248  to it under this chapter. Powers shall include, but are not
  249  limited to, the ability to plan, construct, maintain, repair,
  250  and operate a high-speed rail system, to acquire corridors, and
  251  to coordinate the development and operation of publicly funded
  252  passenger rail systems in the state, and to preserve future rail
  253  corridors and rights-of-way in coordination with the
  254  department’s planning of the State Highway System.
  255         Section 13. This act shall take effect July 1, 2024.
  256  
  257  ================= T I T L E  A M E N D M E N T ================
  258  And the title is amended as follows:
  259         Delete everything before the enacting clause
  260  and insert:
  261                        A bill to be entitled                      
  262         An act relating to the Department of Transportation;
  263         amending s. 20.23, F.S.; revising the list of areas of
  264         program responsibility within the Department of
  265         Transportation; deleting the requirement that the
  266         secretary of the department appoint the department’s
  267         inspector general and that he or she be directly
  268         responsible to the secretary; amending s. 311.101,
  269         F.S.; requiring that a specified amount of recurring
  270         funds from the State Transportation Trust Fund be made
  271         available for the Intermodal Logistics Center
  272         Infrastructure Support Program; requiring the
  273         department to include specified projects in its
  274         tentative work program; creating s. 334.61, F.S.;
  275         requiring a governmental entity that proposes certain
  276         projects to conduct a traffic study; requiring notice
  277         to property owners affected by such projects within a
  278         specified timeframe; providing notice requirements;
  279         requiring such governmental entities to hold a public
  280         meeting before completion of the design phase of such
  281         projects; providing requirements for such public
  282         meetings; requiring such governmental entities to
  283         review and take into consideration comments and
  284         alternatives presented in public meetings in the final
  285         project design; amending s. 338.231, F.S.; extending
  286         the length of time before which an inactive prepaid
  287         toll account becomes unclaimed property; amending s.
  288         339.08, F.S.; prohibiting the department from
  289         expending state funds to support a project or program
  290         of specified entities; requiring the department to
  291         withhold state funds until such entities are in
  292         compliance with a specified provision; amending s.
  293         339.0803, F.S.; prioritizing availability of certain
  294         revenues deposited into the State Transportation Trust
  295         Fund for payments under service contracts with the
  296         Florida Department of Transportation Financing
  297         Corporation to fund arterial highway projects;
  298         providing that two or more of such projects may be
  299         treated as a single project for certain purposes;
  300         amending s. 339.0809, F.S.; specifying priority of
  301         availability of funds appropriated for payments under
  302         a service contract with the corporation; amending s.
  303         339.2818, F.S.; authorizing, subject to appropriation,
  304         a local government within a specified area to compete
  305         for funding using specified criteria on specified
  306         roads; providing an exclusion; amending s. 341.051,
  307         F.S.; requiring that certain unallocated funds for the
  308         New Starts Transit Program remaining as of a specified
  309         date be reallocated to the Strategic Intermodal
  310         System; providing for expiration; amending s. 341.071,
  311         F.S.; defining terms; requiring each public transit
  312         provider to certify annually that its budgeted and
  313         actual administrative costs are not greater than a
  314         specified amount; requiring the disclosure and posting
  315         of specified information; requiring the department to
  316         make a certain annual determination for a specified
  317         purpose; creating s. 341.072, F.S.; prohibiting a
  318         public transit provider, as a condition of receiving
  319         state funds, from expending state funds for certain
  320         marketing or advertising activities; requiring the
  321         department to incorporate guidelines in the public
  322         transportation grant agreement entered into with each
  323         public transit provider; providing that certain media
  324         on passenger windows of public transit provider
  325         vehicles comply with a specified provision; amending
  326         s. 341.822, F.S.; revising the powers of the Florida
  327         Rail Enterprise; providing an effective date.