Florida Senate - 2015                                  SB 2514-A
       By Senator Lee
       24-00015-15A                                         20152514A__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 320.072, F.S.; revising the distribution
    4         of revenues from additional fees imposed on certain
    5         motor vehicle registration transactions; providing for
    6         the use of moneys from such distribution by the
    7         department; creating s. 339.81, F.S.; creating the
    8         Florida Shared-Use Nonmotorized Trail Network;
    9         providing legislative findings and intent; providing
   10         descriptions and components of the network; providing
   11         for the planning, development, operation, and
   12         maintenance of the network; requiring funding to be
   13         allocated to the Florida Shared-Use Nonmotorized Trail
   14         Network in the program and resource plan of the
   15         department; authorizing memoranda of agreement and
   16         contracts for maintaining the network; authorizing the
   17         department to adopt rules; providing an effective
   18         date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (4) of s. 320.072, Florida Statutes,
   23  is amended to read:
   24         320.072 Additional fee imposed on certain motor vehicle
   25  registration transactions.—
   26         (4) A tax collector or other authorized agent of the
   27  department shall promptly remit all moneys collected pursuant to
   28  this section, less any refunds granted pursuant to subsection
   29  (3), to the department. The department shall deposit 85.7 44.5
   30  percent of such moneys into the State Transportation Trust Fund,
   31  and 14.3 percent into the Highway Safety Operating Trust Fund,
   32  and 41.2 percent into the General Revenue Fund. Notwithstanding
   33  any other law, the moneys deposited into the State
   34  Transportation Trust Fund pursuant to this subsection shall be
   35  used by the Department of Transportation for the following:
   36         (a) The Florida Shared-Use Nonmotorized Trail Network
   37  established in s. 339.81, $25 million.
   38         (b) The capital funding for the New Starts Transit Program,
   39  authorized by Title 49, U.S.C. s. 5309 and pursuant to s.
   40  341.051, 3.4 percent.
   41         (c) The Small County Outreach Program pursuant to s.
   42  339.2818, 5 percent.
   43         (d) The Florida Strategic Intermodal System pursuant to ss.
   44  339.61, 339.62, 339.63, and 339.64, 20.6 percent.
   45         (e) The Transportation Regional Incentive Program pursuant
   46  to s. 339.2819, 6.9 percent.
   47         (f) All remaining funds for any transportation purpose
   48  authorized by law.
   49         Section 2. Section 339.81, Florida Statutes, is created to
   50  read:
   51         339.81 Florida Shared-Use Nonmotorized Trail Network.—
   52         (1) The Legislature finds that increasing demands continue
   53  to be placed on the state’s transportation system by a growing
   54  economy, continued population growth, and increasing tourism.
   55  The Legislature also finds that significant challenges to
   56  providing additional capacity to the conventional transportation
   57  system exist and will require enhanced accommodation of
   58  alternative travel modes to meet the needs of residents and
   59  visitors. The Legislature further finds that improving bicyclist
   60  and pedestrian safety for both residents and visitors remains a
   61  high priority. Therefore, the Legislature declares that the
   62  development of a nonmotorized trail network will increase
   63  mobility and recreational alternatives for Florida’s residents
   64  and visitors, enhance economic prosperity, enrich quality of
   65  life, enhance safety, and reflect responsible environmental
   66  stewardship. To that end, it is the intent of the Legislature
   67  that the department make use of its expertise in efficiently
   68  providing transportation projects to develop the Florida Shared
   69  Use Nonmotorized Trail Network, consisting of a statewide
   70  network of nonmotorized trails which allows nonmotorized
   71  vehicles and pedestrians to access a variety of origins and
   72  destinations with limited exposure to motorized vehicles.
   73         (2) The Florida Shared-Use Nonmotorized Trail Network is
   74  created as a component of the Florida Greenways and Trails
   75  System established in chapter 260. The statewide network
   76  consists of multiuse trails or shared-use paths physically
   77  separated from motor vehicle traffic and constructed with
   78  asphalt, concrete, or another hard surface which, by virtue of
   79  design, location, extent of connectivity or potential
   80  connectivity, and allowable uses, provides nonmotorized
   81  transportation opportunities for bicyclists and pedestrians
   82  statewide between and within a wide range of points of origin
   83  and destinations, including, but not limited to, communities,
   84  conservation areas, state parks, beaches, and other natural or
   85  cultural attractions for a variety of trip purposes, including
   86  work, school, shopping, and other personal business, as well as
   87  social, recreational, and personal fitness purposes.
   88         (3) Network components do not include sidewalks, nature
   89  trails, loop trails wholly within a single park or natural area,
   90  or on-road facilities, such as bicycle lanes or routes other
   91  than:
   92         (a) On-road facilities that are no longer than one-half
   93  mile connecting two or more nonmotorized trails, if the
   94  provision of non-road facilities is unfeasible and if such on
   95  road facilities are signed and marked for nonmotorized use; or
   96         (b) On-road components of the Florida Keys Overseas
   97  Heritage Trail.
   98         (4) The planning, development, operation, and maintenance
   99  of the Florida Shared-Use Nonmotorized Trail Network is declared
  100  to be a public purpose, and the department, together with other
  101  agencies of this state and all counties, municipalities, and
  102  special districts of this state, may spend public funds for such
  103  purposes and accept gifts and grants of funds, property, or
  104  property rights from public or private sources to be used for
  105  such purposes.
  106         (5) The department shall include the Florida Shared-Use
  107  Nonmotorized Trail Network in its work program developed
  108  pursuant to s. 339.135. For purposes of funding and maintaining
  109  projects within the network, the department shall allocate in
  110  its program and resource plan a minimum of $50 million annually,
  111  beginning in the 2015-2016 fiscal year.
  112         (6) The department may enter into a memorandum of agreement
  113  with a local government or other agency of the state to transfer
  114  maintenance responsibilities of an individual network component.
  115  The department may contract with a not-for-profit entity or
  116  private sector business or entity to provide maintenance
  117  services on an individual network component.
  118         (7) The department may adopt rules to aid in the
  119  development and maintenance of components of the network.
  120         Section 3. This act shall take effect July 1, 2015.