CS/HB 1245

1
A bill to be entitled
2An act relating to regional transportation authorities;
3amending s. 120.52, F.S.; revising a definition; amending
4s. 212.0606, F.S.; requiring deposit into an account of
5the South Florida Regional Transportation Authority
6certain proceeds subject to being deposited into the State
7Transportation Trust Fund and collected within certain
8counties within the service area of the authority;
9authorizing certain other regional transportation
10authorities to elect to receive certain proceeds subject
11to being deposited into the State Transportation Trust
12Fund and collected within certain counties within the
13service area of such authorities; requiring notice to the
14Department of Revenue of such election; providing an
15effective date for such election; providing a method for
16determining amounts due to such authorities; amending s.
17341.303, F.S.; relieving the department's funding
18obligation to certain regional transportation authorities
19to conform; revising the department's obligation to fund
20certain regional transportation authorities under certain
21circumstances; amending s. 343.58, F.S.; relieving certain
22counties of certain funding obligations to the South
23Florida Regional Transportation Authority under certain
24circumstances to conform; repealing part III of chapter
25343, F.S., relating to the Tampa Bay Commuter Transit
26Authority; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (1) of section 120.52, Florida
31Statutes, is amended to read:
32     120.52  Definitions.--As used in this act:
33     (1)  "Agency" means:
34     (a)  The Governor in the exercise of all executive powers
35other than those derived from the constitution.
36     (b)  Each:
37     1.  State officer and state department, and each
38departmental unit described in s. 20.04.
39     2.  Authority, including a regional water supply authority.
40     3.  Board, including the Board of Governors of the State
41University System and a state university board of trustees when
42acting pursuant to statutory authority derived from the
43Legislature.
44     4.  Commission, including the Commission on Ethics and the
45Fish and Wildlife Conservation Commission when acting pursuant
46to statutory authority derived from the Legislature.
47     5.  Regional planning agency.
48     6.  Multicounty special district with a majority of its
49governing board comprised of nonelected persons.
50     7.  Educational units.
51     8.  Entity described in chapters 163, 373, 380, and 582 and
52s. 186.504.
53     (c)  Each other unit of government in the state, including
54counties and municipalities, to the extent they are expressly
55made subject to this act by general or special law or existing
56judicial decisions.
57
58This definition does not include any legal entity or agency
59created in whole or in part pursuant to chapter 361, part II,
60any metropolitan planning organization created pursuant to s.
61339.175, any separate legal or administrative entity created
62pursuant to s. 339.175 of which a metropolitan planning
63organization is a member, an expressway authority pursuant to
64chapter 348 or any transportation authority under chapter 343 or
65chapter 349, any legal or administrative entity created by an
66interlocal agreement pursuant to s. 163.01(7), unless any party
67to such agreement is otherwise an agency as defined in this
68subsection, or any multicounty special district with a majority
69of its governing board comprised of elected persons; however,
70this definition shall include a regional water supply authority.
71     Section 2.  Paragraph (a) of subsection (2) of section
72212.0606, Florida Statutes, is amended to read:
73     212.0606  Rental car surcharge.--
74     (2)(a)  Notwithstanding the provisions of section 212.20,
75and less costs of administration, 80 percent of the proceeds of
76this surcharge shall be deposited in the State Transportation
77Trust Fund, 15.75 percent of the proceeds of this surcharge
78shall be deposited in the Tourism Promotional Trust Fund created
79in s. 288.122, and 4.25 percent of the proceeds of this
80surcharge shall be deposited in the Florida International Trade
81and Promotion Trust Fund. Of the proceeds subject to be
82deposited into the State Transportation Trust Fund, in fiscal
83year 2008-2009 and each year thereafter, the proceeds collected
84within each county within the service territory of the South
85Florida Regional Transportation Authority established under
86chapter 343 shall be deposited into an account of the authority.
87The Northwest Florida Transportation Corridor Authority and the
88Tampa Bay Area Regional Transportation Authority established
89under chapter 343 may receive the proceeds deposited into the
90State Transportation Trust Fund that are attributed to each
91county within the service territory of that authority, by
92notifying the department of such election in writing. The
93election shall not be effective until the first day of the month
94following 60 days after the department receives written
95notification from that authority. For the purposes of this
96subsection, "proceeds" of the surcharge means all funds
97collected and received by the department under this section,
98including interest and penalties on delinquent surcharges. The
99department shall provide the Department of Transportation rental
100car surcharge revenue information for the previous state fiscal
101year by September 1 of each year. Monthly proceeds due to each
102regional transportation authority under this paragraph shall be
103based upon the percentage attributable to each participating
104county as determined in this paragraph as of September 1 of the
105preceding fiscal year, which shall be used for the subsequent
106fiscal year.
107     Section 3.  Paragraph (a) of subsection (4) of section
108341.303, Florida Statutes, is amended to read:
109     341.303  Funding authorization and appropriations;
110eligibility and participation.--
111     (4)  FUND PARTICIPATION; SERVICE DEVELOPMENT.--
112     (a)  The department may is authorized to fund up to 50
113percent of the net operating costs of any eligible intercity or
114commuter rail service development project that is local in
115scope, not to exceed the local match, except the department has
116no obligation to provide such funding to any regional
117transportation authority established pursuant to chapter 343 if
118such authority receives a recurring dedicated funding source
119that provides 80 percent of the amount of rental car surcharge
120proceeds collected pursuant to s. 212.0606(2)(c) in counties
121within the authority's service territory or an equivalent
122recurring funding source and after receipt of funds from such
123recurring dedicated funding source begins. If such receipt of
124funds begins in the middle of a fiscal year, the department's
125funding of any of the authority's operating costs pursuant to
126this paragraph shall be prorated. If the funding source is
127discontinued for any reason, the department shall have the same
128authorization to fund net operating costs of the authority as
129any other commuter rail service in the state.
130     Section 4.  Section 343.58, Florida Statutes, is amended to
131read:
132     343.58  County funding for the South Florida Regional
133Transportation Authority.--
134     (1)  Each county served by the South Florida Regional
135Transportation Authority must dedicate and transfer not less
136than $2.67 million to the authority annually. The recurring
137annual $2.67 million must be dedicated by the governing body of
138each county before October 31 of each fiscal year.
139     (2)  If At least $45 million of a state-authorized, local
140option recurring funding source is dedicated available to
141Broward, Miami-Dade, and Palm Beach counties is directed to the
142authority to fund its capital, operating, and maintenance
143expenses, which source provides at least 80 percent of the
144amount of rental car surcharge revenues collected pursuant to s.
145212.0606 in counties within the authority's service territory or
146is an equivalent recurring funding source, counties within the
147authority's service territory may be relieved of their funding
148obligation under subsections (1) and (3). The funding source
149shall be dedicated to the authority only if Broward, Miami-Dade,
150and Palm Beach counties impose the local option funding source.
151     (3)  In addition, each county shall continue to annually
152fund the operations of the South Florida Regional Transportation
153Authority in an amount not less than $1.565 million. Revenue
154raised pursuant to this subsection shall also be considered a
155dedicated funding source.
156     (4)  The current funding obligations under subsections (1)
157and (3) shall cease upon commencement of the collection of
158funding from the funding source under subsection (2). If the
159funding under subsection (2) is discontinued for any reason, the
160funding obligations under subsections (1) and (3) shall resume
161when collection from the funding source under subsection (2)
162ceases. If counties are relieved of any funding obligations
163under subsections (1) and (3):
164     (a)  Payment by the counties shall be on a pro rata basis
165the first year following collection cessation of the funding
166under subsection (2).
167     (b)  The authority shall refund a pro rata share of the
168payments for the current fiscal year made pursuant to the
169current funding obligations under subsections (1) and (3) as
170soon as reasonably practicable after it begins to receive funds
171under subsection (2).
172
173If, by December 31, 2015, the South Florida Regional
174Transportation Authority has not received federal matching funds
175based upon the dedication of funds under subsection (1),
176subsection (1) shall be repealed.
177     Section 5.  Sections 343.71, 343.72, 343.73, 343.74,
178343.75, 343.76, and 343.77, Florida Statutes, are repealed.
179     Section 6.  This act shall take effect July 1, 2008.


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