SB 2514-A                                        First Engrossed
    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 for construction
   18         of the act in pari materia with laws enacted during
   19         the 2015 Regular Session of the Legislature; providing
   20         for contingent retroactive operation; providing
   21         effective dates.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Subsection (4) of s. 320.072, Florida Statutes,
   26  is amended to read:
   27         320.072 Additional fee imposed on certain motor vehicle
   28  registration transactions.—
   29         (4) A tax collector or other authorized agent of the
   30  department shall promptly remit all moneys collected pursuant to
   31  this section, less any refunds granted pursuant to subsection
   32  (3), to the department. The department shall deposit 85.7 44.5
   33  percent of such moneys into the State Transportation Trust Fund,
   34  and 14.3 percent into the Highway Safety Operating Trust Fund,
   35  and 41.2 percent into the General Revenue Fund. Notwithstanding
   36  any other law, the moneys deposited into the State
   37  Transportation Trust Fund pursuant to this subsection shall be
   38  used by the Department of Transportation for the following:
   39         (a) The Florida Shared-Use Nonmotorized Trail Network
   40  established in s. 339.81, $25 million.
   41         (b) The capital funding for the New Starts Transit Program,
   42  authorized by 49 U.S.C. s. 5309 and pursuant to s. 341.051, 3.4
   43  percent.
   44         (c) The Small County Outreach Program pursuant to s.
   45  339.2818, 5 percent.
   46         (d) The Florida Strategic Intermodal System pursuant to ss.
   47  339.61, 339.62, 339.63, and 339.64, 20.6 percent.
   48         (e) The Transportation Regional Incentive Program pursuant
   49  to s. 339.2819, 6.9 percent.
   50         (f) All remaining funds for any transportation purpose
   51  authorized by law.
   52         Section 2. Section 339.81, Florida Statutes, is created to
   53  read:
   54         339.81 Florida Shared-Use Nonmotorized Trail Network.—
   55         (1) The Legislature finds that increasing demands continue
   56  to be placed on the state’s transportation system by a growing
   57  economy, continued population growth, and increasing tourism.
   58  The Legislature also finds that significant challenges to
   59  providing additional capacity to the conventional transportation
   60  system exist and will require enhanced accommodation of
   61  alternative travel modes to meet the needs of residents and
   62  visitors. The Legislature further finds that improving bicyclist
   63  and pedestrian safety for both residents and visitors remains a
   64  high priority. Therefore, the Legislature declares that the
   65  development of a nonmotorized trail network will increase
   66  mobility and recreational alternatives for Florida’s residents
   67  and visitors, enhance economic prosperity, enrich quality of
   68  life, enhance safety, and reflect responsible environmental
   69  stewardship. To that end, it is the intent of the Legislature
   70  that the department make use of its expertise in efficiently
   71  providing transportation projects to develop the Florida Shared
   72  Use Nonmotorized Trail Network, consisting of a statewide
   73  network of nonmotorized trails which allows nonmotorized
   74  vehicles and pedestrians to access a variety of origins and
   75  destinations with limited exposure to motorized vehicles.
   76         (2) The Florida Shared-Use Nonmotorized Trail Network is
   77  created as a component of the Florida Greenways and Trails
   78  System established in chapter 260. The statewide network
   79  consists of multiuse trails or shared-use paths physically
   80  separated from motor vehicle traffic and constructed with
   81  asphalt, concrete, or another hard surface which, by virtue of
   82  design, location, extent of connectivity or potential
   83  connectivity, and allowable uses, provides nonmotorized
   84  transportation opportunities for bicyclists and pedestrians
   85  statewide between and within a wide range of points of origin
   86  and destinations, including, but not limited to, communities,
   87  conservation areas, state parks, beaches, and other natural or
   88  cultural attractions for a variety of trip purposes, including
   89  work, school, shopping, and other personal business, as well as
   90  social, recreational, and personal fitness purposes.
   91         (3) Network components do not include sidewalks, nature
   92  trails, loop trails wholly within a single park or natural area,
   93  or on-road facilities, such as bicycle lanes or routes other
   94  than:
   95         (a) On-road facilities that are no longer than one-half
   96  mile connecting two or more nonmotorized trails, if the
   97  provision of non-road facilities is infeasible and if such on
   98  road facilities are signed and marked for nonmotorized use; or
   99         (b) On-road components of the Florida Keys Overseas
  100  Heritage Trail.
  101         (4) The planning, development, operation, and maintenance
  102  of the Florida Shared-Use Nonmotorized Trail Network is declared
  103  to be a public purpose, and the department, together with other
  104  agencies of this state and all counties, municipalities, and
  105  special districts of this state, may spend public funds for such
  106  purposes and accept gifts and grants of funds, property, or
  107  property rights from public or private sources to be used for
  108  such purposes.
  109         (5) The department shall include the Florida Shared-Use
  110  Nonmotorized Trail Network in its work program developed
  111  pursuant to s. 339.135. For purposes of funding and maintaining
  112  projects within the network, the department shall allocate in
  113  its program and resource plan a minimum of $25 million annually,
  114  beginning in the 2015-2016 fiscal year.
  115         (6) The department may enter into a memorandum of agreement
  116  with a local government or other agency of the state to transfer
  117  maintenance responsibilities of an individual network component.
  118  The department may contract with a not-for-profit entity or
  119  private sector business or entity to provide maintenance
  120  services on an individual network component.
  121         (7) The department may adopt rules to aid in the
  122  development and maintenance of components of the network.
  123         Section 3. If any law amended by this act was also amended
  124  by a law enacted during the 2015 Regular Session of the
  125  Legislature, such laws shall be construed as if enacted during
  126  the same session of the Legislature, and full effect shall be
  127  given to each if possible.
  128         Section 4. Except as otherwise expressly provided in this
  129  act and except for this section, which shall take effect upon
  130  this act becoming a law, this act shall take effect July 1,
  131  2015, or, if this act fails to become a law until after that
  132  date, it shall take effect upon becoming a law and operate
  133  retroactively to July 1, 2015.