Senate Bill 0728

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



    Florida Senate - 2000                                   SB 728

    By Senator Saunders





    25-589-00                                           See HB 199

  1                      A bill to be entitled

  2         An act relating to transportation local

  3         incentives; providing legislative intent;

  4         providing a funding mechanism; providing a

  5         procedure for the award of matching funds to

  6         qualifying counties that are making a

  7         significant contribution to the overall state

  8         highway system; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Local incentives; state matching funds for

13  local transportation projects.--

14         (1)  It is the finding of the Legislature that:

15         (a)  The development of a county-owned roadway system

16  that enhances or supports the state highway system is in the

17  best interests of the citizens of Florida and benefits the

18  entire statewide transportation system.

19         (b)  County governments which take advantage of local

20  funding options for transportation are enhancing the statewide

21  transportation system.

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23  The Legislature further finds and declares that the state

24  should provide incentives for those counties that are making a

25  significant contribution to the overall state highway system

26  by establishing a statewide matching fund program that would

27  make moneys available from the Department of Transportation to

28  counties with qualifying projects.

29         (2)  Notwithstanding the provisions of section

30  215.20(1), Florida Statutes, the service charge provided for

31  by section 215.20(1), Florida Statutes, which is deducted from

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






    Florida Senate - 2000                                   SB 728
    25-589-00                                           See HB 199




  1  the proceeds of the taxes distributed pursuant to sections

  2  206.606, 206.608, 206.9845, 207.026, 212.0501, 212.0606,

  3  319.32(5), and 320.072(4), Florida Statutes, shall be reduced

  4  to 4 percent beginning July 1, 2001.

  5         (3)  The moneys received annually by the Department of

  6  Transportation from the reduction of the service charge

  7  provided for in section 215.20(1), Florida Statutes, to 4

  8  percent shall be allocated by the Department of Transportation

  9  exclusively to provide funds for the local transportation

10  incentive program.

11         (4)  Eligible counties may receive matching funds in

12  the percentage amounts as set forth in subsection (11) for the

13  acquisition of right-of-way, construction, design, and

14  engineering of any project within the county, or multiple

15  counties in the case of a joint application for matching funds

16  under this section, that would benefit or enhance the state

17  highway system, as defined in section 338.001, Florida

18  Statutes.

19         (5)  Any county requesting matching funds pursuant to

20  this section shall make an application to the Department of

21  Transportation on or before August 1 and the department shall

22  act on such an application within 120 days after receipt of

23  the application by the department.  The application shall be

24  on a form developed by the department and shall include, but

25  not be limited to, the basis on which the project undertaken

26  by the county enhances the state highway system, cost

27  estimates for either engineering or construction costs, and a

28  schedule of events, including the design and construction

29  timetable for the project.

30         (6)  Nothing contained in the provisions of this

31  section shall prohibit any county from using matching funds on

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






    Florida Senate - 2000                                   SB 728
    25-589-00                                           See HB 199




  1  a state highway project and the use of such funds on a state

  2  highway project shall be presumed to benefit the state highway

  3  system for the purposes of application and qualification under

  4  this section.

  5         (7)  Nothing contained in this section, nor shall any

  6  project constructed under the provisions of this section,

  7  affect any other funding mechanisms for the county or the

  8  local district of the Department of Transportation, and no

  9  project funded pursuant to this section shall be substituted

10  for any project included in the 5-year work plan.  It is the

11  intent of the Legislature that the incentive program provided

12  for in this section be in addition to the normal funding

13  process for state projects in the county making application

14  under this section.

15         (8)  If a project is rejected by the department, such

16  rejection shall be in writing and detailed sufficiently to

17  inform the county as to the basis for such rejection and

18  further shall include language from the department informing

19  the county as to what could make the project acceptable or

20  language which would clearly set forth why the project would

21  never qualify for matching funds under the provisions of this

22  section.

23         (9)  The percentage of matching funds available to a

24  particular county for a specific project shall be calculated

25  in accordance with the funding formula set forth in subsection

26  (11) and funding shall be provided based upon this formula.

27         (10)  The district secretary for the Department of

28  Transportation for the district in which the applicant resides

29  shall provide a written analysis of the benefit of the project

30  to the state highway system in that Department of

31  Transportation district.

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






    Florida Senate - 2000                                   SB 728
    25-589-00                                           See HB 199




  1         (11)  Each county which adopts one or more of the local

  2  transportation funding options set forth in this section may

  3  apply to the Department of Transportation for matching funds.

  4  The local transportation funding options to be considered are

  5  the 5-cent local option gas tax; the optional 1-cent gas tax;

  6  a county sales tax, a portion of which is dedicated to

  7  transportation; and ad valorem taxes, a portion of which is

  8  dedicated to transportation and transportation impact fees.

  9         (a)  Counties which have adopted both the 5-cent and

10  the 1-cent local option gas taxes shall receive one point.

11  Counties that have spent during the 2-year period preceding

12  application for matching funds pursuant to this section an

13  average of 0.5 mills of ad valorem tax on transportation shall

14  receive one point and one-quarter point for each mill over

15  0.5. Counties that have dedicated 0.25 percent of their local

16  sales tax revenue to transportation shall receive one point

17  and one half point for each 0.25 percent in additional sales

18  tax revenue. Counties that enforce a transportation impact fee

19  shall receive one-half of one point.

20         (b)  All counties that achieve a cumulative score of

21  3.5 by utilization of the four identified local funding

22  options shall receive matching funds of 30 percent on

23  qualifying projects.  Counties that exceed the 3.5 cumulative

24  score shall receive 40 percent matching funds.  Counties that

25  achieve a cumulative score between 2.0 and 3.49 shall receive

26  20 percent matching funds.

27         (c)  Based upon accumulated points, the department

28  shall, after approval of the county's application, notify that

29  county the percentage of matching funds the county shall

30  qualify for and if such funds are available and if the funds

31  are appropriated for the program.

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






    Florida Senate - 2000                                   SB 728
    25-589-00                                           See HB 199




  1         (d)  Counties may, in the application, submit

  2  documentation of other funds spent on transportation projects

  3  not specified in the four local funding options identified in

  4  this subsection. The department may consider these other

  5  funding sources and their associated revenue and assign up to

  6  an additional 2 points for purposes of allocating the

  7  percentage of matching funds available under this section.

  8         (12)  In the case of more than one county submitting an

  9  application for a joint project, the combined points of the

10  counties so applying will determine the matching amount for

11  the joint project.

12         Section 2.  This act shall take effect July 1, 2000.

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15                       LEGISLATIVE SUMMARY

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      Provides that it is the intent of the Legislature to
17    provide incentives for those counties that are making a
      significant contribution to the overall state highway
18    system by establishing a state matching fund program that
      makes moneys available from the Department of
19    Transportation to counties with qualifying projects.
      Provides a procedure for the application and award of
20    matching funds. See bill for details.

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