| 1 | A bill to be entitled |
| 2 | An act relating to transportation funding; amending s. |
| 3 | 201.15, F.S.; revising amount of funds from certain taxes |
| 4 | distributed to the State Transportation Trust Fund; |
| 5 | directing the Department of Transportation to ensure that |
| 6 | certain projects are not impacted; amending s. 215.615, |
| 7 | F.S.; revising the Department of Transportation's |
| 8 | requirement to share certain costs of fixed-guideway |
| 9 | system projects; revising criteria for an interlocal |
| 10 | agreement to establish bond financing for fixed-guideway |
| 11 | system projects; revising provisions for sources of funds |
| 12 | for the payment of bonds; amending s. 337.11, F.S.; |
| 13 | providing that certain construction projects be advertised |
| 14 | for bids in local newspapers; amending s. 337.14, F.S.; |
| 15 | authorizing the department to waive specified |
| 16 | prequalification requirements for certain transportation |
| 17 | projects under certain conditions; amending s. 337.18, |
| 18 | F.S.; revising surety bond requirements for construction |
| 19 | or maintenance contracts; providing for incremental annual |
| 20 | surety bonds for multiyear maintenance contracts under |
| 21 | certain conditions; revising the threshold for |
| 22 | transportation projects eligible for a waiver of surety |
| 23 | bond requirements; authorizing the department to provide |
| 24 | for phased surety bond coverage or an alternate means of |
| 25 | security for a portion of the contract amount in lieu of |
| 26 | the surety bond; amending s. 338.2275, F.S.; raising the |
| 27 | limit on outstanding bonds to fund turnpike projects; |
| 28 | providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Paragraph (d) of subsection (1) of section |
| 33 | 201.15, Florida Statutes, is amended to read: |
| 34 | 201.15 Distribution of taxes collected.--All taxes |
| 35 | collected under this chapter shall be distributed as follows and |
| 36 | shall be subject to the service charge imposed in s. 215.20(1), |
| 37 | except that such service charge shall not be levied against any |
| 38 | portion of taxes pledged to debt service on bonds to the extent |
| 39 | that the amount of the service charge is required to pay any |
| 40 | amounts relating to the bonds: |
| 41 | (1) Sixty-two and sixty-three hundredths percent of the |
| 42 | remaining taxes collected under this chapter shall be used for |
| 43 | the following purposes: |
| 44 | (d) The remainder of the moneys distributed under this |
| 45 | subsection, after the required payments under paragraphs (a), |
| 46 | (b), and (c), shall be paid into the State Treasury to the |
| 47 | credit of: |
| 48 | 1. The State Transportation Trust Fund in the Department |
| 49 | of Transportation in the amount of $441.75 $541.75 million in |
| 50 | each fiscal year, to be paid in quarterly installments and used |
| 51 | for the following specified purposes, notwithstanding any other |
| 52 | law to the contrary: |
| 53 | a. For the purposes of capital funding for the New Starts |
| 54 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 55 | specified in s. 341.051, 10 percent of these funds; |
| 56 | b. For the purposes of the Small County Outreach Program |
| 57 | specified in s. 339.2818, 5 percent of these funds; |
| 58 | c. For the purposes of the Strategic Intermodal System |
| 59 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 60 | of these funds after allocating for the New Starts Transit |
| 61 | Program described in sub-subparagraph a. and the Small County |
| 62 | Outreach Program described in sub-subparagraph b.; and |
| 63 | d. For the purposes of the Transportation Regional |
| 64 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 65 | funds after allocating for the New Starts Transit Program |
| 66 | described in sub-subparagraph a. and the Small County Outreach |
| 67 | Program described in sub-subparagraph b. |
| 68 | e. Notwithstanding sub-subparagraphs a.-d. and s. |
| 69 | 339.135(4)(a)1., in fiscal year 2007-2008 only, the Department |
| 70 | of Transportation shall ensure, to the maximum extent |
| 71 | practicable, that projects that have been advertised for |
| 72 | contract lettings for the fiscal year beginning July 1, 2007, |
| 73 | are not impacted by revised funding levels provided in this |
| 74 | subsection. |
| 75 | 2. The Water Protection and Sustainability Program Trust |
| 76 | Fund in the Department of Environmental Protection in the amount |
| 77 | of $100 million in each fiscal year, to be paid in quarterly |
| 78 | installments and used as required by s. 403.890. |
| 79 | 3. The Public Education Capital Outlay and Debt Service |
| 80 | Trust Fund in the Department of Education in the amount of $105 |
| 81 | million in each fiscal year, to be paid in monthly installments |
| 82 | with $75 million used to fund the Classrooms for Kids Program |
| 83 | created in s. 1013.735, and $30 million to be used to fund the |
| 84 | High Growth County District Capital Outlay Assistance Grant |
| 85 | Program created in s. 1013.738. If required, new facilities |
| 86 | constructed under the Classrooms for Kids Program must meet the |
| 87 | requirements of s. 1013.372. |
| 88 | 4. The Grants and Donations Trust Fund in the Department |
| 89 | of Community Affairs in the amount of $3.25 million in each |
| 90 | fiscal year to be paid in monthly installments, with $3 million |
| 91 | to be used to fund technical assistance to local governments and |
| 92 | school boards on the requirements and implementation of this act |
| 93 | and $250,000 to be used to fund the Century Commission |
| 94 | established in s. 163.3247. |
| 95 |
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| 96 | Moneys distributed pursuant to this paragraph may not be pledged |
| 97 | for debt service unless such pledge is approved by referendum of |
| 98 | the voters. |
| 99 | Section 2. Subsection (1) of section 215.615, Florida |
| 100 | Statutes, is amended to read: |
| 101 | 215.615 Fixed-guideway transportation systems funding.-- |
| 102 | (1) The issuance of revenue bonds by the Division of Bond |
| 103 | Finance, on behalf of the Department of Transportation, pursuant |
| 104 | to s. 11, Art. VII of the State Constitution, is authorized, |
| 105 | pursuant to the State Bond Act, to finance or refinance fixed |
| 106 | capital expenditures for fixed-guideway transportation systems, |
| 107 | as defined in s. 341.031, including facilities appurtenant |
| 108 | thereto, costs of issuance, and other amounts relating to such |
| 109 | financing or refinancing. Such revenue bonds shall be matched on |
| 110 | a 50-50 basis with funds from sources other than revenues of the |
| 111 | Department of Transportation, in a manner acceptable to the |
| 112 | Department of Transportation. The Division of Bond Finance is |
| 113 | authorized to consider innovative financing techniques that |
| 114 | technologies which may include, but are not limited to, |
| 115 | innovative bidding and structures of potential financings |
| 116 | findings that may result in negotiated transactions. |
| 117 | (a) The department and any participating commuter rail |
| 118 | authority or regional transportation authority established under |
| 119 | chapter 343, local governments, or local governments |
| 120 | collectively by interlocal agreement having jurisdiction of a |
| 121 | fixed-guideway transportation system may enter into an |
| 122 | interlocal agreement to promote the efficient and cost-effective |
| 123 | financing or refinancing of fixed-guideway transportation system |
| 124 | projects by revenue bonds issued pursuant to this subsection. |
| 125 | The terms of such interlocal agreements shall include provisions |
| 126 | for the Department of Transportation to request the issuance of |
| 127 | the bonds on behalf of the parties; shall provide that the |
| 128 | department's share may be up to 50 percent of the eligible |
| 129 | project cost, which may include a share of the annual each party |
| 130 | to the agreement is contractually liable for an equal share of |
| 131 | funding an amount equal to the debt service requirements of such |
| 132 | bonds; and shall include any other terms, provisions, or |
| 133 | covenants necessary to the making of and full performance under |
| 134 | such interlocal agreement. Repayments made to the department |
| 135 | under any interlocal agreement are not pledged to the repayment |
| 136 | of bonds issued hereunder, and failure of the local governmental |
| 137 | authority to make such payment shall not affect the obligation |
| 138 | of the department to pay debt service on the bonds. |
| 139 | (b) Revenue bonds issued pursuant to this subsection shall |
| 140 | not constitute a general obligation of, or a pledge of the full |
| 141 | faith and credit of, the State of Florida. Bonds issued pursuant |
| 142 | to this section shall be payable from funds available pursuant |
| 143 | to s. 206.46(3), or other funds available to the project, |
| 144 | subject to annual appropriation. The amount of revenues |
| 145 | available for debt service shall never exceed a maximum of 2 |
| 146 | percent of all state revenues deposited into the State |
| 147 | Transportation Trust Fund. |
| 148 | (c) The projects to be financed or refinanced with the |
| 149 | proceeds of the revenue bonds issued hereunder are designated as |
| 150 | state fixed capital outlay projects for purposes of s. 11(d), |
| 151 | Art. VII of the State Constitution, and the specific projects to |
| 152 | be financed or refinanced shall be determined by the Department |
| 153 | of Transportation in accordance with state law and |
| 154 | appropriations from the State Transportation Trust Fund. Each |
| 155 | project to be financed with the proceeds of the bonds issued |
| 156 | pursuant to this subsection must first be approved by the |
| 157 | Legislature by an act of general law. |
| 158 | (d) Any complaint for validation of bonds issued pursuant |
| 159 | to this section shall be filed in the circuit court of the |
| 160 | county where the seat of state government is situated, the |
| 161 | notice required to be published by s. 75.06 shall be published |
| 162 | only in the county where the complaint is filed, and the |
| 163 | complaint and order of the circuit court shall be served only on |
| 164 | the state attorney of the circuit in which the action is |
| 165 | pending. |
| 166 | (e) The state does hereby covenant with holders of such |
| 167 | revenue bonds or other instruments of indebtedness issued |
| 168 | hereunder, that it will not repeal or impair or amend these |
| 169 | provisions in any manner that will materially and adversely |
| 170 | affect the rights of such holders as long as bonds authorized by |
| 171 | this subsection are outstanding. |
| 172 | (f) This subsection supersedes any inconsistent provisions |
| 173 | in existing law. |
| 174 |
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| 175 | Notwithstanding this subsection, the lien of revenue bonds |
| 176 | issued pursuant to this subsection on moneys deposited into the |
| 177 | State Transportation Trust Fund shall be subordinate to the lien |
| 178 | on such moneys of bonds issued under ss. 215.605, 320.20, and |
| 179 | 215.616, and any pledge of such moneys to pay operating and |
| 180 | maintenance expenses under s. 206.46(5) and chapter 348, as may |
| 181 | be amended. |
| 182 | Section 3. Paragraph (a) of subsection (3) of section |
| 183 | 337.11, Florida Statutes, is amended to read: |
| 184 | 337.11 Contracting authority of department; bids; |
| 185 | emergency repairs, supplemental agreements, and change orders; |
| 186 | combined design and construction contracts; progress payments; |
| 187 | records; requirements of vehicle registration.-- |
| 188 | (3)(a) On all construction contracts of $250,000 or less, |
| 189 | as well as any construction contract of less than $500,000 for |
| 190 | which the department has waived prequalification pursuant to s. |
| 191 | 337.14, the department shall advertise for bids in a newspaper |
| 192 | having general circulation in the county where the proposed work |
| 193 | is located. Publication shall be at least once a week for no |
| 194 | less than 2 consecutive weeks, and the first publication shall |
| 195 | be no less than 14 days prior to the date on which bids are to |
| 196 | be received. |
| 197 | Section 4. Subsection (1) of section 337.14, Florida |
| 198 | Statutes, is amended to read: |
| 199 | 337.14 Application for qualification; certificate of |
| 200 | qualification; restrictions; request for hearing.-- |
| 201 | (1) Any person desiring to bid for the performance of any |
| 202 | construction contract in excess of $250,000 which the department |
| 203 | proposes to let must first be certified by the department as |
| 204 | qualified pursuant to this section and rules of the department. |
| 205 | The rules of the department shall address the qualification of |
| 206 | persons to bid on construction contracts in excess of $250,000 |
| 207 | and shall include requirements with respect to the equipment, |
| 208 | past record, experience, financial resources, and organizational |
| 209 | personnel of the applicant necessary to perform the specific |
| 210 | class of work for which the person seeks certification. The |
| 211 | department is authorized to limit the dollar amount of any |
| 212 | contract upon which a person is qualified to bid or the |
| 213 | aggregate total dollar volume of contracts such person is |
| 214 | allowed to have under contract at any one time. Each applicant |
| 215 | seeking qualification to bid on construction contracts in excess |
| 216 | of $250,000 shall furnish the department a statement under oath, |
| 217 | on such forms as the department may prescribe, setting forth |
| 218 | detailed information as required on the application. Each |
| 219 | application for certification shall be accompanied by the latest |
| 220 | annual financial statement of the applicant completed within the |
| 221 | last 12 months. If the annual financial statement shows the |
| 222 | financial condition of the applicant more than 4 months prior to |
| 223 | the date on which the application is received by the department, |
| 224 | then an interim financial statement must also be submitted. The |
| 225 | interim financial statement must cover the period from the end |
| 226 | date of the annual statement and must show the financial |
| 227 | condition of the applicant no more than 4 months prior to the |
| 228 | date on which the application is received by the department. |
| 229 | Each required annual or interim financial statement must be |
| 230 | audited and accompanied by the opinion of a certified public |
| 231 | accountant or a public accountant approved by the department. |
| 232 | The information required by this subsection is confidential and |
| 233 | exempt from the provisions of s. 119.07(1). The department shall |
| 234 | act upon the application for qualification within 30 days after |
| 235 | the department determines that the application is complete. The |
| 236 | department may waive the requirements of this subsection for |
| 237 | projects having a contract price of $500,000 or less if the |
| 238 | department determines that the project is of a noncritical |
| 239 | nature and noncompliance with the subsection will not endanger |
| 240 | public health, safety, or property. |
| 241 | Section 5. Paragraph (a) of subsection (1) of section |
| 242 | 337.18, Florida Statutes, is amended to read: |
| 243 | 337.18 Surety bonds for construction or maintenance |
| 244 | contracts; requirement with respect to contract award; bond |
| 245 | requirements; defaults; damage assessments.-- |
| 246 | (1)(a) A surety bond shall be required of the successful |
| 247 | bidder in an amount equal to the awarded contract price. |
| 248 | However, the department may choose, in its discretion and |
| 249 | applicable only to multiyear maintenance contracts, to allow for |
| 250 | incremental annual contract bonds that cumulatively total the |
| 251 | full, awarded multiyear contract price. For a project for which |
| 252 | the contract price is $250,000 $150,000 or less, the department |
| 253 | may waive the requirement for all or a portion of a surety bond |
| 254 | if it determines the project is of a noncritical nature and |
| 255 | nonperformance will not endanger public health, safety, or |
| 256 | property. If the Secretary of Transportation or the secretary's |
| 257 | designee determines that it is in the best interests of the |
| 258 | department to do so and that a reduced bonding requirement for a |
| 259 | project will not endanger public health, safety, or property, |
| 260 | the department may waive the requirement of a surety bond in an |
| 261 | amount equal to the awarded contract price for a project having |
| 262 | a contract price of $250 million or more, and, in its place, may |
| 263 | set a surety bond amount that is a portion of the total contract |
| 264 | price and provide an alternate means of security for the balance |
| 265 | of the contract amount which is not covered by the surety bond |
| 266 | or provide for incremental surety bonding and provide an |
| 267 | alternate means of security for the balance of the contract |
| 268 | amount which is not covered by the surety bond. Such alternate |
| 269 | means of security may include letters of credit, United States |
| 270 | bonds and notes, parent company guarantees, and cash collateral. |
| 271 | The department may require alternate means of security if a |
| 272 | surety bond is waived. The surety on such bond shall be a surety |
| 273 | company authorized to do business in the state. All bonds shall |
| 274 | be payable to the department and conditioned for the prompt, |
| 275 | faithful, and efficient performance of the contract according to |
| 276 | plans and specifications and within the time period specified, |
| 277 | and for the prompt payment of all persons defined in s. 713.01 |
| 278 | furnishing labor, material, equipment, and supplies for work |
| 279 | provided in the contract; however, whenever an improvement, |
| 280 | demolition, or removal contract price is $25,000 or less, the |
| 281 | security may, in the discretion of the bidder, be in the form of |
| 282 | a cashier's check, bank money order of any state or national |
| 283 | bank, certified check, or postal money order. The department |
| 284 | shall adopt rules to implement this subsection. Such rules shall |
| 285 | include provisions under which the department shall refuse to |
| 286 | accept bonds on contracts when a surety wrongfully fails or |
| 287 | refuses to settle or provide a defense for claims or actions |
| 288 | arising under a contract for which the surety previously |
| 289 | furnished a bond. |
| 290 | Section 6. Subsection (1) of section 338.2275, Florida |
| 291 | Statutes, is amended to read: |
| 292 | 338.2275 Approved turnpike projects.-- |
| 293 | (1) Legislative approval of the department's tentative |
| 294 | work program that contains the turnpike project constitutes |
| 295 | approval to issue bonds as required by s. 11(f), Art. VII of the |
| 296 | State Constitution. No more than $10 Turnpike projects approved |
| 297 | to be included in future tentative work programs include, but |
| 298 | are not limited to, projects contained in the 2003-2004 |
| 299 | tentative work program. A maximum of $4.5 billion of bonds may |
| 300 | be outstanding issued to fund approved turnpike projects. |
| 301 | Section 7. This act shall take effect July 1, 2007. |