HB 819

1	A bill to be entitled
2	An act relating to small county transportation
3	development; terminating the Department of Transportation
4	Small County Outreach Program; transferring funds to the
5	Rural County Road Improvement Program; providing for
6	continuation of projects; amending ss. 201.15, 215.211,
7	and 339.08, F.S.; directing certain funds in the State
8	Transportation Trust Fund to be used for the Rural County
9	Road Improvement Program in lieu of the Small County
10	Outreach Program; amending s. 339.2816, F.S.; renaming the
11	Small County Road Assistance Program as the Rural County
12	Road Improvement Program; revising the purpose of the
13	program; revising criteria for projects under the program;
14	defining the term "resurfacing"; revising the definition
15	of "small county"; creating the Rural County Road
16	Improvement Program Advisory Council to review and
17	recommend proposed projects for funding; providing for
18	membership of the council; providing a limit on the
19	portion of federal grants and special funding designated
20	for road improvements which may be directed to eligible
21	projects in counties with populations of less than 80,000;
22	providing that the department shall fund 75 percent of the
23	cost of projects on county roads funded under the program;
24	revising requirements for eligibility; providing for
25	contract provisions prohibiting employment of illegal
26	immigrants and requiring reporting of violations to the
27	department; requiring the department to keep a record of
28	reported violations and report the violations to the
29	Legislature; providing for an annual appropriation;
30	authorizing the department to allocate unused funds to
31	other priorities; exempting programs from specified use
32	requirements; repealing s. 339.2818, F.S., relating to the
33	Small County Outreach Program; amending s. 468.617, F.S.;
34	conforming a cross-reference to changes made by the act;
35	providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Department of Transportation Small County
40	Outreach Program; termination; continuation of projects.--The
41	Small County Outreach Program created under s. 339.2818, Florida
42	Statutes, is terminated. All funds of the Department of
43	Transportation relating to the Small County Outreach Program are
44	transferred to the Rural County Road Improvement Program created
45	under s. 339.2816, Florida Statutes, as amended by this act.
46	Projects in the Department of Transportation's work program that
47	are approved for funding under the Small County Outreach Program
48	before the effective date of this act shall continue unless
49	otherwise modified or terminated as provided by law.
50	Section 2.  Paragraph (c) of subsection (1) of section
51	201.15, Florida Statutes, is amended to read:
52	201.15  Distribution of taxes collected.--All taxes
53	collected under this chapter are subject to the service charge
54	imposed in s. 215.20(1). Prior to distribution under this
55	section, the Department of Revenue shall deduct amounts
56	necessary to pay the costs of the collection and enforcement of
57	the tax levied by this chapter. Such costs and the service
58	charge may not be levied against any portion of taxes pledged to
59	debt service on bonds to the extent that the costs and service
60	charge are required to pay any amounts relating to the bonds.
61	All taxes remaining after deduction of costs and the service
62	charge shall be distributed as follows:
63	(1)  Sixty-three and thirty-one hundredths percent of the
64	remaining taxes collected under this chapter shall be used for
65	the following purposes:
66	(c)  The remainder of the moneys distributed under this
67	subsection, after the required payments under paragraphs (a) and
68	(b), shall be paid into the State Treasury to the credit of:
69	1.  The State Transportation Trust Fund in the Department
70	of Transportation in the amount of the lesser of 38.2 percent of
71	the remainder or $541.75 million in each fiscal year, to be used
72	for the following specified purposes, notwithstanding any other
73	law to the contrary:
74	a.  For the purposes of capital funding for the New Starts
75	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
76	specified in s. 341.051, 10 percent of these funds;
77	b.  For the purposes of the Rural Small County Road
78	Improvement Outreach Program specified in s. 339.2816 339.2818,
79	5 percent of these funds;
80	c.  For the purposes of the Strategic Intermodal System
81	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
82	of these funds after allocating for the New Starts Transit
83	Program described in sub-subparagraph a. and the Rural Small
84	County Road Improvement Outreach Program described in sub-
85	subparagraph b.; and
86	d.  For the purposes of the Transportation Regional
87	Incentive Program specified in s. 339.2819, 25 percent of these
88	funds after allocating for the New Starts Transit Program
89	described in sub-subparagraph a. and the Rural Small County Road
90	Improvement Outreach Program described in sub-subparagraph b.
91	2.  The Water Protection and Sustainability Program Trust
92	Fund in the Department of Environmental Protection in the amount
93	of the lesser of 5.64 percent of the remainder or $80 million in
94	each fiscal year, to be used as required by s. 403.890.
95	3.  The Grants and Donations Trust Fund in the Department
96	of Community Affairs in the amount of the lesser of .23 percent
97	of the remainder or $3.25 million in each fiscal year, with 92
98	percent to be used to fund technical assistance to local
99	governments and school boards on the requirements and
100	implementation of this act and the remaining amount to be used
101	to fund the Century Commission established in s. 163.3247.
102	4.  The Ecosystem Management and Restoration Trust Fund in
103	the amount of the lesser of 2.12 percent of the remainder or $30
104	million in each fiscal year, to be used for the preservation and
105	repair of the state's beaches as provided in ss. 161.091-
106	161.212.
107	5.  The Marine Resources Conservation Trust Fund in the
108	amount of the lesser of .14 percent of the remainder or $2
109	million in each fiscal year, to be used for marine mammal care
110	as provided in s. 379.208(3).
111	6.  General Inspection Trust Fund in the amount of the
112	lesser of .02 percent of the remainder or $300,000 in each
113	fiscal year to be used to fund oyster management and restoration
114	programs as provided in s. 379.362(3).
115
116	Moneys distributed pursuant to this paragraph may not be pledged
117	for debt service unless such pledge is approved by referendum of
118	the voters.
119	Section 3.  Subsection (4) of section 215.211, Florida
120	Statutes, is amended to read:
121	215.211  Service charge; elimination or reduction for
122	specified proceeds.--
123	(4)  From the revenues derived from s. 336.025(1)(a), an
124	amount equal to 7 percent of those revenues shall be deposited
125	in the State Transportation Trust Fund and used to fund the
126	County Incentive Grant Program and the Rural Small County Road
127	Improvement Outreach Program. Up to 20 percent of such funds
128	shall be used for the purpose of implementing the Rural Small
129	County Road Improvement Outreach Program as provided in this
130	act. Notwithstanding any other laws to the contrary, the
131	requirements of ss. 339.135, 339.155, and 339.175 shall not
132	apply to these funds and programs.
133	Section 4.  Paragraphs (i) and (j) of subsection (1) of
134	section 339.08, Florida Statutes, are amended to read:
135	339.08  Use of moneys in State Transportation Trust Fund.--
136	(1)  The department shall expend moneys in the State
137	Transportation Trust Fund accruing to the department, in
138	accordance with its annual budget. The use of such moneys shall
139	be restricted to the following purposes:
140	(i)  To pay the cost of county road projects selected in
141	accordance with the Rural Small County Road Improvement
142	Assistance Program created in s. 339.2816.
143	(j)  To pay the cost of county or municipal road projects
144	selected in accordance with the County Incentive Grant Program
145	created in s. 339.2817, the Small County Outreach Program
146	created in s. 339.2818, and the Enhanced Bridge Program for
147	Sustainable Transportation created in s. 339.285.
148	Section 5.  Section 339.2816, Florida Statutes, is amended
149	to read:
150	339.2816  Rural Small County Road Improvement Assistance
151	Program.--
152	(1)  There is created within the Department of
153	Transportation the Rural Small County Road Improvement
154	Assistance Program. The purpose of this program is to assist
155	small county governments in resurfacing or reconstructing county
156	roads or in constructing capacity or safety improvements to
157	county roads. Projects eligible for funding under this program
158	shall include resurfacing of existing roads, one-time paving of
159	existing dirt roads, and construction of drainage plans and
160	development of drainage resources to help improve care and
161	maintenance of roads served under the program.
162	(2)  For the purposes of this section, the term:
163	(a)  "Resurfacing" includes the paving of an existing dirt
164	road.
165	(b)  "Small county" means any county that has a population
166	of 150,000 75,000 or less as determined by the most recent
167	official estimate pursuant to s. 186.901 according to 1990
168	federal census data.
169	(3)(a)  There is created the Rural County Road Improvement
170	Program Advisory Council, which shall be composed of two members
171	appointed by the Governor, two representatives of the
172	department, two members of the small county coalition of the
173	Florida Association of Counties, one member appointed by the
174	President of the Senate, and one member appointed by the Speaker
175	of the House of Representatives.
176	(b)  The council shall review proposed projects for funding
177	and offer comments and recommendations to the department to be
178	considered in ranking and establishing project priorities.
179	(4)(3)  Beginning with fiscal year 1999-2000 until fiscal
180	year 2009-2010, up to $25 million annually from the State
181	Transportation Trust Fund may be used for the purposes of
182	funding the Rural Small County Road Improvement Assistance
183	Program as described in this section.
184	(5)  Up to 20 percent of federal grants and special funding
185	designated for road improvements shall be directed to eligible
186	projects in counties with populations of less than 80,000.
187	(6)(4)(a)  Small counties shall be eligible to compete for
188	funds that have been designated for the Rural Small County Road
189	Improvement Assistance Program for projects on county roads. The
190	department shall fund 75 percent of the cost of projects on
191	county roads funded for resurfacing or reconstruction projects
192	on county roads that were part of the county road system on June
193	10, 1995. Capacity improvements on county roads shall not be
194	eligible for funding under the program.
195	(b)  In determining a county's eligibility for assistance
196	under this program, the department may consider whether the
197	county has attempted to keep county roads in satisfactory
198	condition, including the amount of local option fuel tax and ad
199	valorem millage rate imposed by the county. The department may
200	also consider the extent to which the county has offered to
201	provide a match of local funds with state funds provided under
202	the program. At a minimum, small counties shall be eligible only
203	if:
204	1.  The county has enacted the maximum rate of the local
205	option fuel tax authorized by s. 336.025(1)(a), and has imposed
206	an ad valorem millage rate of at least 8 mills; or
207	2.  The county has imposed an ad valorem millage rate of 10
208	mills;
209	3.  The county provides matching funds or develops property
210	that will create jobs or the presence of traffic demand on a
211	road or roads that connect or feed residential living areas,
212	including subdivisions, trailer parks, and other residential
213	housing; or
214	4.  In counties with fewer than 80,000 residents, the
215	project accommodates the traffic demand and provides access to
216	property that would promote or expand the creation of jobs in
217	the county.
218	(c)  The following criteria shall be used to prioritize
219	road projects for funding under the program:
220	1.  The primary criterion is the physical condition of the
221	road as measured by the department.
222	2.  As secondary criteria, the department may consider:
223	a.  Whether a road is used as an evacuation route.
224	b.  Whether a road has high levels of agricultural travel.
225	c.  Whether a road is considered a major arterial route.
226	d.  Whether a road is considered a feeder road.
227	e.  Other criteria related to the impact of a project on
228	the public road system or on the state or local economy as
229	determined by the department.
230	(7)(5)  The department is authorized to administer
231	contracts on behalf of a county selected to receive funding for
232	a project under this section. All projects funded under this
233	section shall be included in the department's work program
234	developed pursuant to s. 339.135.
235	(8)  In each contract with a road contractor or with a
236	county or municipality, the department shall include language
237	requiring that the contractor, county, or municipality that is
238	receiving funds under this program, as a provision of the
239	contract, ensure due care is taken to ensure all employment
240	associated with the contract is completed by legal American
241	workers. If a contractor discovers that work has been completed
242	by illegal aliens or immigrants, the contractor shall report
243	such finding to the department. The department shall maintain a
244	record of such violations and report the violations to the
245	Legislature.
246	(9)  Funds paid into the State Transportation Trust Fund
247	pursuant to s. 201.15 for the purposes of the Rural County Road
248	Improvement Program are hereby annually appropriated for
249	expenditure to support the Rural County Road Improvement
250	Program.
251	(10)  In any year the Rural County Road Improvement Program
252	does not use all of the available funds, the department may
253	allocate the unused portion of those funds to other department
254	priorities.
255	(11)  Notwithstanding any other law to the contrary, the
256	requirements of ss. 206.46(3) and 206.606(2) shall not apply to
257	any funding, programs, or other provisions contained in this
258	section.
259	Section 6.  Section 339.2818, Florida Statutes, is
260	repealed:
261	339.2818  Small County Outreach Program.--
262	(1)  There is created within the Department of
263	Transportation the Small County Outreach Program. The purpose of
264	this program is to assist small county governments in
265	resurfacing or reconstructing county roads or in constructing
266	capacity or safety improvements to county roads.
267	(2)  For the purposes of this section, the term "small
268	county" means any county that has a population of 150,000 or
269	less as determined by the most recent official estimate pursuant
270	to s. 186.901.
271	(3)  Funds allocated under this program, pursuant to s. 4,
272	ch. 2000-257, Laws of Florida, are in addition to any funds
273	provided pursuant to s. 339.2816, for the Small County Road
274	Assistance Program.
275	(4)(a)  Small counties shall be eligible to compete for
276	funds that have been designated for the Small County Outreach
277	Program for projects on county roads. The department shall fund
278	75 percent of the cost of projects on county roads funded under
279	the program.
280	(b)  In determining a county's eligibility for assistance
281	under this program, the department may consider whether the
282	county has attempted to keep county roads in satisfactory
283	condition.
284	(c)  The following criteria shall be used to prioritize
285	road projects for funding under the program:
286	1.  The primary criterion is the physical condition of the
287	road as measured by the department.
288	2.  As secondary criteria the department may consider:
289	a.  Whether a road is used as an evacuation route.
290	b.  Whether a road has high levels of agricultural travel.
291	c.  Whether a road is considered a major arterial route.
292	d.  Whether a road is considered a feeder road.
293	e.  Other criteria related to the impact of a project on
294	the public road system or on the state or local economy as
295	determined by the department.
296	(5)  The department is authorized to administer contracts
297	on behalf of a county selected to receive funding for a project
298	under this section. All projects funded under this section shall
299	be included in the department's work program developed pursuant
300	to s. 339.135.
301	(6)  Funds paid into the State Transportation Trust Fund
302	pursuant to s. 201.15 for the purposes of the Small County
303	Outreach Program are hereby annually appropriated for
304	expenditure to support the Small County Outreach Program.
305	Section 7.  Subsection (4) of section 468.617, Florida
306	Statutes, is amended to read:
307	468.617  Joint building code inspection department; other
308	arrangements.--
309	(4)  Nothing in this part prohibits any building code
310	inspector, plans examiner, or building code administrator
311	holding a limited certificate who is employed by a jurisdiction
312	within a small county as defined in s. 339.2816 339.2818 from
313	providing building code inspection, plans review, or building
314	code administration services to another jurisdiction within a
315	small county.
316	Section 8.  This act shall take effect upon becoming a law.

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