| 1 | A bill to be entitled |
| 2 | An act relating to transportation projects; amending s. |
| 3 | 339.12, F.S.; revising provisions authorizing the |
| 4 | Department of Transportation to enter into an agreement |
| 5 | with another governmental entity to complete a project or |
| 6 | project phase that is not in the department's adopted work |
| 7 | program; specifying that the agreement may be long term; |
| 8 | removing certain limitations and requirements; providing |
| 9 | an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (4) of section 339.12, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 339.12 Aid and contributions by governmental entities for |
| 16 | department projects; federal aid.-- |
| 17 | (4)(a) Prior to accepting the contribution of road bond |
| 18 | proceeds, time warrants, or cash for which reimbursement is |
| 19 | sought, the department shall enter into agreements with the |
| 20 | governing body of the governmental entity for the project or |
| 21 | project phases in accordance with specifications agreed upon |
| 22 | between the department and the governing body of the |
| 23 | governmental entity. The department in no instance is to receive |
| 24 | from such governmental entity an amount in excess of the actual |
| 25 | cost of the project or project phase. By specific provision in |
| 26 | the written agreement between the department and the governing |
| 27 | body of the governmental entity, the department may agree to |
| 28 | reimburse the governmental entity for the actual amount of the |
| 29 | bond proceeds, time warrants, or cash used on a highway project |
| 30 | or project phases that are not revenue producing and are |
| 31 | contained in the department's adopted work program, or any |
| 32 | public transportation project contained in the adopted work |
| 33 | program. Subject to appropriation of funds by the Legislature, |
| 34 | the department may commit state funds for reimbursement of such |
| 35 | projects or project phases. Reimbursement to the governmental |
| 36 | entity for such a project or project phase must be made from |
| 37 | funds appropriated by the Legislature, and reimbursement for the |
| 38 | cost of the project or project phase is to begin in the year the |
| 39 | project or project phase is scheduled in the work program as of |
| 40 | the date of the agreement. Funds advanced pursuant to this |
| 41 | section, which were originally designated for transportation |
| 42 | purposes and so reimbursed to a county or municipality, shall be |
| 43 | used by the county or municipality for any transportation |
| 44 | expenditure authorized under s. 336.025(7). Also, cities and |
| 45 | counties may receive funds from persons, and reimburse those |
| 46 | persons, for the purposes of this section. Such persons may |
| 47 | include, but are not limited to, those persons defined in s. |
| 48 | 607.01401(19). |
| 49 | (b) Prior to entering an agreement to advance a project or |
| 50 | project phase pursuant to this subsection and subsection (5), |
| 51 | the department shall first update the estimated cost of the |
| 52 | project or project phase and certify that the estimate is |
| 53 | accurate and consistent with the amount estimated in the adopted |
| 54 | work program. If the original estimate and the updated estimate |
| 55 | vary, the department shall amend the adopted work program |
| 56 | according to the amendatory procedures for the work program set |
| 57 | forth in s. 339.135(7). The amendment shall reflect all |
| 58 | corresponding increases and decreases to the affected projects |
| 59 | within the adopted work program. |
| 60 | (c) The department may enter into agreements under this |
| 61 | subsection for a project or project phase not included in the |
| 62 | adopted work program. As used in this paragraph, the term |
| 63 | "project phase" means acquisition of rights-of-way, |
| 64 | construction, construction inspection, and related support |
| 65 | phases. The project or project phase must be a high priority of |
| 66 | the governmental entity. The authority contained in this |
| 67 | paragraph is intended to permit the department to enter into |
| 68 | long-term repayment agreements of up to 30 years with no |
| 69 | requirement that the project or project phase be contained in |
| 70 | the adopted work program Reimbursement for a project or project |
| 71 | phase must be made from funds appropriated by the Legislature |
| 72 | pursuant to s. 339.135(5). All other provisions of this |
| 73 | subsection apply to agreements entered into under this |
| 74 | paragraph. The total amount of project agreements for projects |
| 75 | or project phases not included in the adopted work program may |
| 76 | not at any time exceed $100 million. However, notwithstanding |
| 77 | such $100 million limit and any similar limit in s. 334.30, |
| 78 | project advances for any inland county with a population greater |
| 79 | than 500,000 dedicating amounts equal to $500 million or more of |
| 80 | its Local Government Infrastructure Surtax pursuant to s. |
| 81 | 212.055(2) for improvements to the State Highway System which |
| 82 | are included in the local metropolitan planning organization's |
| 83 | or the department's long-range transportation plans shall be |
| 84 | excluded from the calculation of the statewide limit of project |
| 85 | advances. |
| 86 | Section 2. This act shall take effect July 1, 2008. |