Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (859872) for CS for SB 852
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 289
    4  and insert:
    5         Section 5. Paragraph (a) of subsection (4) of section
    6  201.15, Florida Statutes, is amended, and paragraph (b) of that
    7  subsection is republished, to read:
    8         201.15 Distribution of taxes collected.—All taxes collected
    9  under this chapter are hereby pledged and shall be first made
   10  available to make payments when due on bonds issued pursuant to
   11  s. 215.618 or s. 215.619, or any other bonds authorized to be
   12  issued on a parity basis with such bonds. Such pledge and
   13  availability for the payment of these bonds shall have priority
   14  over any requirement for the payment of service charges or costs
   15  of collection and enforcement under this section. All taxes
   16  collected under this chapter, except taxes distributed to the
   17  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   18  are subject to the service charge imposed in s. 215.20(1).
   19  Before distribution pursuant to this section, the Department of
   20  Revenue shall deduct amounts necessary to pay the costs of the
   21  collection and enforcement of the tax levied by this chapter.
   22  The costs and service charge may not be levied against any
   23  portion of taxes pledged to debt service on bonds to the extent
   24  that the costs and service charge are required to pay any
   25  amounts relating to the bonds. All of the costs of the
   26  collection and enforcement of the tax levied by this chapter and
   27  the service charge shall be available and transferred to the
   28  extent necessary to pay debt service and any other amounts
   29  payable with respect to bonds authorized before January 1, 2017,
   30  secured by revenues distributed pursuant to this section. All
   31  taxes remaining after deduction of costs shall be distributed as
   32  follows:
   33         (4) After the required distributions to the Land
   34  Acquisition Trust Fund pursuant to subsections (1) and (2) and
   35  deduction of the service charge imposed pursuant to s.
   36  215.20(1), the remainder shall be distributed as follows:
   37         (a) The lesser of 24.18442 percent of the remainder or
   38  $541.75 million in each fiscal year shall be paid into the State
   39  Treasury to the credit of the State Transportation Trust Fund.
   40  Of such funds, $75 million for each fiscal year shall be
   41  transferred to the General Revenue Fund. Notwithstanding any
   42  other law, the remaining amount credited to the State
   43  Transportation Trust Fund shall be used for:
   44         1. Capital funding for the New Starts Transit Program,
   45  authorized by Title 49, U.S.C. s. 5309 and specified in s.
   46  341.051, in the amount of 10 percent of the funds;
   47         2. The Small County Outreach Program specified in s.
   48  339.2818, in the amount of 10 percent of the funds;
   49         3. The Strategic Intermodal System specified in ss. 339.61,
   50  339.62, 339.63, and 339.64, in the amount of 75 percent of the
   51  funds after deduction of the payments required pursuant to
   52  subparagraphs 1. and 2.; and
   53         4.a. The Transportation Regional Incentive Program
   54  specified in s. 339.2819, in the amount of 25 percent of the
   55  funds after deduction of the payments required pursuant to
   56  subparagraphs 1. and 2.
   57         b.In fiscal years 2018-2019, 2019-2020, and 2020-2021, the
   58  first $60 million of the funds allocated pursuant to this
   59  subparagraph must shall be allocated annually to the Florida
   60  Rail Enterprise for the purposes established in s. 341.303(5).
   61  This sub-subparagraph expires July 1, 2021.
   62         c. Beginning in the 2021-2022 fiscal year, the first $60
   63  million of the funds allocated pursuant to this subparagraph
   64  must be allocated annually as follows:
   65         (I)Twenty-five million dollars on a matching basis to the
   66  Tampa Bay Area Regional Transit Authority for the design and
   67  construction of an innovative mobility system, as defined in s.
   68  339.84. One dollar in local or private matching funds must be
   69  provided for each dollar distributed under this sub-sub
   70  subparagraph. Federal funds may not be substituted for the local
   71  or private matching funds. In any fiscal year in which the Tampa
   72  Bay Area Regional Transit Authority notifies the Department of
   73  Transportation that the authority will not request all of the
   74  funds allocated under this sub-sub-subparagraph for an
   75  innovative mobility system, the Department of Transportation
   76  shall allocate such funds to projects in the 5-year work program
   77  under s. 339.135 in the area described in s. 343.91(1)(a) and
   78  such funds shall be in addition to currently scheduled work
   79  program commitments in that area.
   80         (II)Thirty-five million dollars to the Statewide Mobility
   81  Innovation Program for the purposes established in s. 339.84.
   82         (b) The lesser of 0.1456 percent of the remainder or $3.25
   83  million in each fiscal year shall be paid into the State
   84  Treasury to the credit of the Grants and Donations Trust Fund in
   85  the Department of Economic Opportunity to fund technical
   86  assistance to local governments.
   87  
   88  Moneys distributed pursuant to paragraphs (a) and (b) may not be
   89  pledged for debt service unless such pledge is approved by
   90  referendum of the voters.
   91         Section 6. Section 339.84, Florida Statutes, is created to
   92  read:
   93         339.84Statewide Mobility Innovation Program.—
   94         (1)As used in this section the term “innovative mobility
   95  system” means a system of infrastructure, appurtenances, and
   96  technology designed to move the greatest number of people in the
   97  least amount of time. The term includes, but is not limited to,
   98  autonomous vehicles as defined in s. 316.003, automated people
   99  movers, bus rapid transit networks, transportation network
  100  companies as defined in s. 627.748, ridesharing as defined in
  101  341.031(9)(a), and commuter highway vehicles as defined in 49
  102  U.S.C. s. 5323(i)(2)(C)(ii). The term does not include other
  103  traditional uses of a roadway system for conveyance.
  104         (2)The Statewide Mobility Innovation Program is created
  105  within the department. The goals of the program include, but are
  106  not limited to:
  107         (a)Evaluating, financing, and overseeing proposals for
  108  innovative mobility systems in this state.
  109         (b)Expending funds to publicize and promote innovative
  110  mobility systems and to contract with entities to accomplish
  111  these purposes.
  112         (c)Soliciting proposals in accordance with chapter 287 for
  113  the design and construction of innovative mobility systems and
  114  contracting with entities to expend funds to accomplish this
  115  purpose.
  116         (3)Beginning in the 2021-2022 fiscal year, the department
  117  shall use funds allocated pursuant to s. 201.15(4)(a)4.c.(II) in
  118  a county to fund the design and construction of an innovative
  119  mobility system based on a proposal that the county submits to
  120  the department which the department approves as being consistent
  121  with the requirements of this section.
  122         (4) Of the $35 million allocated under s.
  123  201.15(4)(a)4.c.(II), the department must use:
  124         (a) Twenty-five million dollars for an innovative mobility
  125  system in a county as defined in s. 125.011(1) and $5 million
  126  for an alternative transportation system within the jurisdiction
  127  of the Jacksonville Transportation Authority. In any fiscal year
  128  in which a county as defined in s. 125.011(1) notifies the
  129  department that the county will not request all of the funds
  130  allocated under this paragraph for an innovative mobility
  131  system, the department shall allocate such funds to projects in
  132  the 5-year work program under s. 339.135 in the county and such
  133  funds shall be in addition to currently scheduled work program
  134  commitments in that area.
  135         (b) The remainder for such a system in any other county or
  136  counties in the state.
  137         (5)A county proposing the use of funds for an innovative
  138  mobility system must submit a request to the department which
  139  must include a detailed project and financial plan. The funding
  140  request must specify the duration of the project and the total
  141  amount sought by state fiscal year. Two or more counties may
  142  submit a joint proposal to the department.
  143         (6)One dollar in local or private matching funds must be
  144  provided for each dollar distributed under this section. Federal
  145  funds may not be substituted for the local or private matching
  146  funds.
  147         (7)Funds distributed under this section may not be used to
  148  subsidize projects with existing funding commitments as of July
  149  1, 2018.
  150         (8)Each recipient of funds under this program must submit
  151  a quarterly report to the department regarding the development,
  152  implementation, and operation of the project. The department
  153  must submit an annual report by September 1 to the President of
  154  the Senate and the Speaker of the House of Representatives
  155  regarding the overall status of the program.
  156         Section 7. Subsection (5) of section 341.303, Florida
  157  Statutes, is amended to read:
  158         341.303 Funding authorization and appropriations;
  159  eligibility and participation.—
  160         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—The
  161  department, through the Florida Rail Enterprise, is authorized
  162  to use funds provided pursuant to s. 201.15(4)(a)4. to fund:
  163         (a) Up to 50 percent of the nonfederal share of the costs
  164  of any eligible passenger rail capital improvement project.
  165         (b) Up to 100 percent of planning and development costs
  166  related to the provision of a passenger rail system, including,
  167  but not limited to, preliminary engineering, revenue studies,
  168  environmental impact studies, financial advisory services,
  169  engineering design, and other appropriate professional services.
  170         (c) The high-speed rail system.
  171         (d) Projects necessary to identify or address anticipated
  172  impacts of increased freight rail traffic resulting from the
  173  implementation of passenger rail systems as provided in s.
  174  341.302(3)(b).
  175  
  176  After June 30, 2018, the department may not program any projects
  177  to be funded pursuant to this subsection for any year of the
  178  work program if the project was not in the 5-year work program
  179  adopted for the 2017-2018 fiscal year.
  180         Section 8. Effective July 1, 2021, subsection (5) of
  181  section 341.303, Florida Statutes, is repealed.
  182         Section 9. Effective July 1, 2021, paragraph (b) of
  183  subsection (4) of section 343.58, Florida Statutes, is amended
  184  to read:
  185         343.58 County funding for the South Florida Regional
  186  Transportation Authority.—
  187         (4) Notwithstanding any other provision of law to the
  188  contrary and effective July 1, 2010, until as provided in
  189  paragraph (d), the department shall transfer annually from the
  190  State Transportation Trust Fund to the South Florida Regional
  191  Transportation Authority the amounts specified in subparagraph
  192  (a)1. or subparagraph (a)2.
  193         (b) Funding required by this subsection may not be provided
  194  from the funds dedicated to the Florida Rail Enterprise or the
  195  Statewide Mobility Innovation Program pursuant to s.
  196  201.15(4)(a)4.
  197         Section 10. Except as otherwise expressly provided in this
  198  act, this act shall take effect July 1, 2018.
  199  
  200  ================= T I T L E  A M E N D M E N T ================
  201  And the title is amended as follows:
  202         Delete line 42
  203  and insert:
  204         electric vehicles; amending s. 201.15, F.S.; beginning
  205         in a specified fiscal year, revising the annual
  206         allocations in the State Transportation Trust Fund for
  207         the Transportation Regional Incentive Program;
  208         providing for future repeal of a provision that
  209         allocates funds annually to the Florida Rail
  210         Enterprise; beginning in a specified fiscal year,
  211         providing for annual allocations to the Tampa Bay Area
  212         Regional Transit Authority and the Statewide Mobility
  213         Innovation Program for certain purposes; specifying
  214         requirements for matching funds for the Tampa Bay Area
  215         Regional Transit Authority; requiring the Department
  216         of Transportation to allocate specified funds under
  217         certain circumstances to projects in a certain 5-year
  218         work program in a certain area, in addition to
  219         currently scheduled work program commitments in that
  220         area; creating s. 339.84, F.S.; defining the term
  221         “innovative mobility system”; creating within the
  222         department the Statewide Mobility Innovation Program;
  223         providing goals for the program; beginning in a
  224         specified fiscal year, requiring the department to use
  225         specified funds in a county to fund the design and
  226         construction of a certain innovative mobility system;
  227         providing requirements for the use of specified funds
  228         by the department; requiring a county proposing the
  229         use of funds for an innovative mobility system to
  230         submit a request to the department, subject to certain
  231         requirements; authorizing the submission of joint
  232         proposals by two or more counties; requiring local or
  233         private matching funds for certain distributions,
  234         subject to certain requirements; prohibiting certain
  235         funds distributed from being used to subsidize
  236         projects with existing funding commitments as of a
  237         specified date; requiring each recipient of funds
  238         under the program to submit a quarterly report to the
  239         department regarding the development, implementation,
  240         and operation of the project; requiring the department
  241         to submit to the Legislature by a specified date an
  242         annual report on the overall status of the program;
  243         amending s. 341.303, F.S.; prohibiting the department
  244         from programing certain projects to be funded in the
  245         5-year work program after June 30, 2018; providing for
  246         the future repeal of s. 341.303(5), F.S., relating to
  247         fund participation and the Florida Rail Enterprise;
  248         amending s. 343.58, F.S.; conforming a provision to
  249         changes made by the act; providing effective dates.