| 1 | A bill to be entitled |
| 2 | An act relating to the work programs for transportation |
| 3 | projects; amending s. 339.135, F.S.; providing that any |
| 4 | amendment to a project under an adopted work program in |
| 5 | the first 3 years which will delay the project is subject |
| 6 | to legislative approval; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (7) of section 339.135, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 339.135 Work program; legislative budget request; |
| 13 | definitions; preparation, adoption, execution, and amendment.-- |
| 14 | (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-- |
| 15 | (a) Notwithstanding the provisions of ss. 216.292 and |
| 16 | 216.351, the adopted work program may be amended only pursuant |
| 17 | to the provisions of this subsection. |
| 18 | (b) The department may not transfer any funds for any |
| 19 | project or project phase between department districts. However, |
| 20 | a district secretary may agree to a loan of funds to another |
| 21 | district, if: |
| 22 | 1. The funds are used solely to maximize the use or amount |
| 23 | of funds available to the state; |
| 24 | 2. The loan agreement is executed in writing and is signed |
| 25 | by the district secretaries of the respective districts; |
| 26 | 3. Repayment of the loan is to be made within 3 years |
| 27 | after the date on which the agreement was entered into; and |
| 28 | 4. The adopted work program of the district loaning the |
| 29 | funds would not be substantially impaired if the loan were made, |
| 30 | according to the district secretary. |
| 31 |
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| 32 | The loan constitutes an amendment to the adopted work program |
| 33 | and is subject to the procedures specified in paragraph (b). |
| 34 | (c) The department may amend the adopted work program to |
| 35 | transfer fixed capital outlay appropriations for projects |
| 36 | within the same appropriations category or between |
| 37 | appropriations categories, including the following amendments, |
| 38 | which shall be subject to the procedures in paragraph (d): |
| 39 | 1. Any amendment that which deletes any project or project |
| 40 | phase; |
| 41 | 2. Any amendment that which adds a project estimated to |
| 42 | cost over $150,000 in funds appropriated by the Legislature; |
| 43 | 3. Any amendment that which advances or defers to another |
| 44 | fiscal year, a right-of-way phase, a construction phase, or a |
| 45 | public transportation project phase estimated to cost over |
| 46 | $500,000 in funds appropriated by the Legislature, except an |
| 47 | amendment advancing or deferring a phase for a period of 90 days |
| 48 | or less; or |
| 49 | 4. Any amendment that which advances or defers to another |
| 50 | fiscal year, any preliminary engineering phase or design phase |
| 51 | estimated to cost over $150,000 in funds appropriated by the |
| 52 | Legislature, except an amendment advancing or deferring a phase |
| 53 | for a period of 90 days or less. |
| 54 | (d)1. Whenever the department proposes any amendment to |
| 55 | the adopted work program, which amendment is defined in |
| 56 | subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or |
| 57 | subparagraph (c)4., it shall submit the proposed amendment to |
| 58 | the Governor for approval and shall immediately notify the |
| 59 | chairs of the legislative appropriations committees, the chairs |
| 60 | of the legislative transportation committees, each member of the |
| 61 | Legislature who represents a district affected by the proposed |
| 62 | amendment, each metropolitan planning organization affected by |
| 63 | the proposed amendment, and each unit of local government |
| 64 | affected by the proposed amendment. Such proposed amendment |
| 65 | shall provide a complete justification of the need for the |
| 66 | proposed amendment. |
| 67 | 2. The Governor shall not approve a proposed amendment |
| 68 | until 14 days following the notification required in |
| 69 | subparagraph 1. |
| 70 | 3. If either of the chairs of the legislative |
| 71 | appropriations committees or the President of the Senate or the |
| 72 | Speaker of the House of Representatives objects in writing to a |
| 73 | proposed amendment within 14 days following notification and |
| 74 | specifies the reasons for such objection, the Governor shall |
| 75 | disapprove 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 |
| 78 | the Executive Office of the Governor to amend the adopted work |
| 79 | program when an emergency exists, as defined in s. 252.34(3), |
| 80 | and the emergency relates to the repair or rehabilitation of any |
| 81 | state transportation facility. The Executive Office of the |
| 82 | Governor may approve the amendment to the adopted work program |
| 83 | and amend that portion of the department's approved budget in |
| 84 | the event that the delay incident to the notification |
| 85 | requirements in paragraph (d) would be detrimental to the |
| 86 | interests of the state. However, the department shall |
| 87 | immediately notify the parties specified in paragraph (d) and |
| 88 | shall provide such parties written justification for the |
| 89 | emergency action within 7 days after of the approval by the |
| 90 | Executive Office of the Governor of the amendment to the adopted |
| 91 | work program and the department's budget. In no event may the |
| 92 | adopted work program be amended under the provisions of this |
| 93 | subsection without the certification by the comptroller of the |
| 94 | department that there are sufficient funds available pursuant to |
| 95 | the 36-month cash forecast and applicable statutes. |
| 96 | (f) The department may authorize the investment of the |
| 97 | earnings accrued and collected upon the investment of the |
| 98 | minimum balance of funds required to be maintained in the State |
| 99 | Transportation Trust Fund pursuant to paragraph (b). Such |
| 100 | investment shall be limited as provided in s. 288.9607(7). |
| 101 | (g) Any work program amendment that which also requires |
| 102 | the transfer of fixed capital outlay appropriations between |
| 103 | categories within the department or the increase of an |
| 104 | appropriation category is subject to the approval of the |
| 105 | Legislative Budget Commission. If a meeting of the Legislative |
| 106 | Budget Commission cannot be held within 30 days after of the |
| 107 | department submits submitting an amendment to the Legislative |
| 108 | Budget Commission, then the chair and vice chair of the |
| 109 | Legislative Budget Commission may authorize such amendment to be |
| 110 | approved pursuant to the provisions of s. 216.177. |
| 111 | (h) Any amendment to a project or project phase scheduled |
| 112 | within the first 3 years of the work program which would have |
| 113 | the effect of deleting or delaying programmed improvements in |
| 114 | traffic-carrying capacity, as typically measured by a local |
| 115 | government's concurrency management system, is subject to the |
| 116 | approval of the Legislature. |
| 117 | Section 2. This act shall take effect October 1, 2007. |