Florida Senate - 2011 SB 1716
By Senator Ring
32-01125-11 20111716__
1 A bill to be entitled
2 An act relating to transportation project funding;
3 redirecting funds in the State Transportation Trust
4 Fund and portions of amounts contracted for
5 construction projects of the Department of
6 Transportation to be used for prioritized projects;
7 amending s. 212.0606, F.S., relating to a rental car
8 surcharge; revising the use of allocated proceeds;
9 amending s. 334.044, F.S., relating to powers and
10 duties of the department; revising the allocation of a
11 certain percentage amount of contracted funds;
12 directing unused portions of such funds be
13 reallocated; amending s. 339.135, F.S., relating to
14 the department’s adopted work program; providing for
15 certain unencumbered and available funds remaining in
16 the adopted work program due to certain cost savings
17 to be reallocated; amending s. 339.55, F.S., relating
18 to the state-funded infrastructure bank; directing the
19 department to deposit certain funds into the bank;
20 providing a contingent effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (2) of section 212.0606, Florida
25 Statutes, is amended to read:
26 212.0606 Rental car surcharge.—
27 (2)(a) Notwithstanding the provisions of section 212.20,
28 and less costs of administration, 80 percent of the proceeds of
29 this surcharge shall be deposited in the State Transportation
30 Trust Fund, 15.75 percent of the proceeds of this surcharge
31 shall be deposited in the Tourism Promotional Trust Fund created
32 in s. 288.122, and 4.25 percent of the proceeds of this
33 surcharge shall be deposited in the Florida International Trade
34 and Promotion Trust Fund. For the purposes of this subsection,
35 “proceeds” of the surcharge means all funds collected and
36 received by the department under this section, including
37 interest and penalties on delinquent surcharges. The department
38 shall provide the Department of Transportation rental car
39 surcharge revenue information for the previous state fiscal year
40 by September 1 of each year.
41 (b) Notwithstanding any other provision of law, in fiscal
42 year 2007-2008 and each year thereafter, the proceeds deposited
43 in the State Transportation Trust Fund shall be allocated on an
44 annual basis in the Department of Transportation’s work program
45 to each department district, except the Turnpike District. The
46 amount allocated for each district shall be based upon the
47 amount of proceeds attributed to the counties within each
48 respective district.
49 (c) Notwithstanding any other provision of law, in fiscal
50 year 2016-2017 and each year thereafter, the funds allocated to
51 the districts under paragraph (b) shall be cumulatively applied
52 by the district secretary to fund the prioritized list of
53 projects within the district as identified by the Trade
54 Infrastructure Investment Steering Committee.
55 Section 2. Subsection (26) of section 334.044, Florida
56 Statutes, is amended to read:
57 334.044 Department; powers and duties.—The department shall
58 have the following general powers and duties:
59 (26) To fund projects pursuant to this subsection. No less
60 than 1.5 percent of the amount contracted for construction
61 projects shall be allocated by the department as follows:
62 (a) One percent shall be allocated to help fund priority
63 projects identified by the Trade Infrastructure Investment
64 Steering Committee pursuant to s. 340.101.
65 (b) One-half of one percent shall be allocated to provide
66 for the enhancement of environmental benefits, including air and
67 water quality; to prevent roadside erosion; to conserve the
68 natural roadside growth and scenery; and to provide for the
69 implementation and maintenance of roadside conservation,
70 enhancement, and stabilization programs. The department shall
71 allocate this amount No less than 1.5 percent of the amount
72 contracted for construction projects shall be allocated by the
73 department for the purchase of plant materials, with, to the
74 greatest extent practical, a minimum of 50 percent of these
75 funds for large plant materials and the remaining funds for
76 other plant materials. All such plant materials shall be
77 purchased from Florida commercial nursery stock in this state on
78 a uniform competitive bid basis. The department will develop
79 grades and standards for landscaping materials purchased through
80 this process. To accomplish these activities, the department may
81 contract with nonprofit organizations having the primary purpose
82 of developing youth employment opportunities. Any unencumbered
83 funds allocated pursuant to this paragraph on January 1 or June
84 30 of each fiscal year shall be reallocated for the purposes
85 described in paragraph (a).
86 Section 3. Paragraph (j) is added to subsection (7) of
87 section 339.135, Florida Statutes, to read:
88 339.135 Work program; legislative budget request;
89 definitions; preparation, adoption, execution, and amendment.—
90 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
91 (j) Notwithstanding any other provision of law, the portion
92 of unencumbered and available funds remaining in the adopted
93 work program due to cost savings on project procurement when the
94 bid or negotiated amount is lower than the department’s estimate
95 for the project shall be made available for priority projects
96 identified by the Trade Infrastructure Investment Steering
97 Committee pursuant to s. 340.101; however, this shall not
98 reallocate funds for uses outside the public transportation
99 program that were previously allocated for a public
100 transportation program in accordance with s. 206.46(3). The
101 department shall review the cost savings from project
102 procurements at the end of each quarter of the fiscal year to
103 determine the availability of any funds generated by these cost
104 savings. The department shall amend the work program to transfer
105 at least 60 percent of such funds each year for priority
106 projects identified pursuant to s. 340.101, provided the use of
107 the funds under s. 340.101 must be in accordance with any
108 limitations on the source of the funds as required by existing
109 law.
110 Section 4. Subsection (11) is added to section 339.55,
111 Florida Statutes, to read:
112 339.55 State-funded infrastructure bank.—
113 (11) The department shall deposit no less than $20 million
114 annually, in addition to scheduled project repayments from the
115 State Transportation Trust Fund, into the State Infrastructure
116 Bank beginning in fiscal year 2013-2014. The department shall
117 make this deposit in fiscal years 2011-2012 and 2012-2013 if the
118 revenue estimates from the Consensus Revenue Estimating
119 Conference increase the revenue estimate for the State
120 Transportation Trust Fund when compared to the prior revenue
121 estimate.
122 Section 5. This act shall take effect July 1, 2011, if
123 Senate Bill or substantially similar legislation is adopted
124 in the same legislative session or an extension thereof and
125 becomes law.