| 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 $541.75million 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 whichmay include, but are not limited to, | 
| 115 | innovative bidding and structures of potential financings | 
| 116 | findingsthat 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 thedebt 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 $150,000or 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 $4.5billion of bonds may | 
| 300 | be outstanding issuedto fund approved turnpike projects. | 
| 301 | Section 7.  This act shall take effect July 1, 2007. |