HB 1139

1
A bill to be entitled
2An act relating to the work programs for transportation
3projects; amending s. 339.135, F.S.; providing that any
4amendment to a project under an adopted work program in
5the first 3 years which will delay the project is subject
6to legislative approval; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (7) of section 339.135, Florida
11Statutes, is amended to read:
12     339.135  Work program; legislative budget request;
13definitions; preparation, adoption, execution, and amendment.--
14     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
15     (a)  Notwithstanding the provisions of ss. 216.292 and
16216.351, the adopted work program may be amended only pursuant
17to the provisions of this subsection.
18     (b)  The department may not transfer any funds for any
19project or project phase between department districts. However,
20a district secretary may agree to a loan of funds to another
21district, if:
22     1.  The funds are used solely to maximize the use or amount
23of funds available to the state;
24     2.  The loan agreement is executed in writing and is signed
25by the district secretaries of the respective districts;
26     3.  Repayment of the loan is to be made within 3 years
27after the date on which the agreement was entered into; and
28     4.  The adopted work program of the district loaning the
29funds would not be substantially impaired if the loan were made,
30according to the district secretary.
31
32The loan constitutes an amendment to the adopted work program
33and is subject to the procedures specified in paragraph (b).
34     (c)  The department may amend the adopted work program to
35transfer fixed capital outlay appropriations  for projects
36within the same appropriations category or between
37appropriations categories, including the following amendments,
38which shall be subject to the procedures in paragraph (d):
39     1.  Any amendment that which deletes any project or project
40phase;
41     2.  Any amendment that which adds a project estimated to
42cost over $150,000 in funds appropriated by the Legislature;
43     3.  Any amendment that which advances or defers to another
44fiscal year, a right-of-way phase, a construction phase, or a
45public transportation project phase estimated to cost over
46$500,000 in funds appropriated by the Legislature, except an
47amendment advancing or deferring a phase for a period of 90 days
48or less; or
49     4.  Any amendment that which advances or defers to another
50fiscal year, any preliminary engineering phase or design phase
51estimated to cost over $150,000 in funds appropriated by the
52Legislature, except an amendment advancing or deferring a phase
53for a period of 90 days or less.
54     (d)1.  Whenever the department proposes any amendment to
55the adopted work program, which amendment is defined in
56subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
57subparagraph (c)4., it shall submit the proposed amendment to
58the Governor for approval and shall immediately notify the
59chairs of the legislative appropriations committees, the chairs
60of the legislative transportation committees, each member of the
61Legislature who represents a district affected by the proposed
62amendment, each metropolitan planning organization affected by
63the proposed amendment, and each unit of local government
64affected by the proposed amendment. Such proposed amendment
65shall provide a complete justification of the need for the
66proposed amendment.
67     2.  The Governor shall not approve a proposed amendment
68until 14 days following the notification required in
69subparagraph 1.
70     3.  If either of the chairs of the legislative
71appropriations committees or the President of the Senate or the
72Speaker of the House of Representatives objects in writing to a
73proposed amendment within 14 days following notification and
74specifies the reasons for such objection, the Governor shall
75disapprove the proposed amendment.
76     (e)  Notwithstanding the requirements in paragraphs (d) and
77(g) and ss. 216.177(2) and 216.351, the secretary may request
78the Executive Office of the Governor to amend the adopted work
79program when an emergency exists, as defined in s. 252.34(3),
80and the emergency relates to the repair or rehabilitation of any
81state transportation facility. The Executive Office of the
82Governor may approve the amendment to the adopted work program
83and amend that portion of the department's approved budget in
84the event that the delay incident to the notification
85requirements in paragraph (d) would be detrimental to the
86interests of the state. However, the department shall
87immediately notify the parties specified in paragraph (d) and
88shall provide such parties written justification for the
89emergency action within 7 days after of the approval by the
90Executive Office of the Governor of the amendment to the adopted
91work program and the department's budget. In no event may the
92adopted work program be amended under the provisions of this
93subsection without the certification by the comptroller of the
94department that there are sufficient funds available pursuant to
95the 36-month cash forecast and applicable statutes.
96     (f)  The department may authorize the investment of the
97earnings accrued and collected upon the investment of the
98minimum balance of funds required to be maintained in the State
99Transportation Trust Fund pursuant to paragraph (b). Such
100investment shall be limited as provided in s. 288.9607(7).
101     (g)  Any work program amendment that which also requires
102the transfer of fixed capital outlay appropriations between
103categories within the department or the increase of an
104appropriation category is subject to the approval of the
105Legislative Budget Commission. If a meeting of the Legislative
106Budget Commission cannot be held within 30 days after of the
107department submits submitting an amendment to the Legislative
108Budget Commission, then the chair and vice chair of the
109Legislative Budget Commission may authorize such amendment to be
110approved pursuant to the provisions of s. 216.177.
111     (h)  Any amendment to a project or project phase scheduled
112within the first 3 years of the work program which would have
113the effect of deleting or delaying programmed improvements in
114traffic-carrying capacity, as typically measured by a local
115government's concurrency management system, is subject to the
116approval of the Legislature.
117     Section 2.  This act shall take effect October 1, 2007.


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