Florida Senate - 2024                             CS for SB 1226
       
       
        
       By the Committee on Transportation; and Senator DiCeglie
       
       
       
       
       
       596-02958B-24                                         20241226c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; deleting the requirement that
    4         the secretary of the department appoint the
    5         department’s inspector general; amending s. 311.101,
    6         F.S.; requiring that a specified amount of recurring
    7         funds from the State Transportation Trust Fund be made
    8         available for the Intermodal Logistics Center
    9         Infrastructure Support Program; requiring the
   10         department to include specified projects in its
   11         tentative work program; amending s. 334.044, F.S.;
   12         revising requirements for the allocation of funds by
   13         the department for the purchase of plant materials;
   14         amending s. 338.231, F.S.; extending the length of
   15         time before which an inactive prepaid toll account
   16         becomes unclaimed property; amending s. 339.0803,
   17         F.S.; prioritizing availability of certain revenues
   18         deposited into the State Transportation Trust Fund for
   19         payments under service contracts with the Florida
   20         Department of Transportation Financing Corporation to
   21         fund arterial highway projects; providing that two or
   22         more of such projects may be treated as a single
   23         project for certain purposes; amending s. 339.0809,
   24         F.S.; specifying priority of availability of funds
   25         appropriated for payments under a service contract
   26         with the corporation; amending s. 339.2818, F.S.;
   27         authorizing, subject to appropriation, a local
   28         government within specified areas to compete for
   29         funding using specified criteria on specified roads;
   30         providing an exclusion; amending s. 341.071, F.S.;
   31         defining the terms “administrative costs” and “public
   32         transit provider”; requiring each public transit
   33         provider to annually certify that its budgeted and
   34         actual administrative costs are not greater than a
   35         specified amount; requiring the disclosure of
   36         specified information; requiring the department to
   37         calculate the annual state average of administrative
   38         costs by a specified date; amending s. 341.822, F.S.;
   39         revising the powers of the Florida Rail Enterprise;
   40         providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Paragraph (d) of subsection (3) of section
   45  20.23, Florida Statutes, is amended to read:
   46         20.23 Department of Transportation.—There is created a
   47  Department of Transportation which shall be a decentralized
   48  agency.
   49         (3)
   50         (d) The secretary shall appoint an inspector general
   51  pursuant to s. 20.055 who shall be directly responsible to the
   52  secretary and shall serve at the pleasure of the secretary.
   53         Section 2. Present subsection (7) of section 311.101,
   54  Florida Statutes, is redesignated as subsection (8), and a new
   55  subsection (7) is added to that section, to read:
   56         311.101 Intermodal Logistics Center Infrastructure Support
   57  Program.—
   58         (7) Beginning with the 2024-2025 fiscal year through the
   59  2029-2030 fiscal year, $15 million in recurring funds shall be
   60  made available from the State Transportation Trust Fund for the
   61  program. The Department of Transportation shall include projects
   62  proposed to be funded under this section in the tentative work
   63  program developed pursuant to s. 339.135(4).
   64         Section 3.  Subsection (26) of section 334.044, Florida
   65  Statutes, is amended to read:
   66         334.044 Powers and duties of the department.—The department
   67  shall have the following general powers and duties:
   68         (26) To provide for the enhancement of environmental
   69  benefits, including air and water quality; to prevent roadside
   70  erosion; to conserve the natural roadside growth and scenery;
   71  and to provide for the implementation and maintenance of
   72  roadside conservation, enhancement, and stabilization programs.
   73         (a)Of the total amount appropriated for a contracted
   74  construction project, the percentage allocated for the purchase
   75  of plant materials is as follows:
   76         1.For projects with a contracted amount of $50 million or
   77  less, 1.5 percent.
   78         2.For projects with a contracted amount of $50,000,001 to
   79  $100 million, 1 percent.
   80         3.For projects with a contracted amount of $100,000,001 to
   81  $250 million, 0.75 percent.
   82         4.For projects with a contracted amount of $250,000,001 to
   83  $500 million, 0.50 percent.
   84         5.For projects with a contracted amount of $500,000,001 or
   85  more, 0.25 percent. At least 1.5 percent of the amount
   86  contracted for construction projects shall be allocated by the
   87  department on a statewide basis for the purchase of plant
   88  materials.
   89         (b) Department districts may not expend funds for
   90  landscaping in connection with any project that is limited to
   91  resurfacing existing lanes unless the expenditure has been
   92  approved by the department’s secretary or the secretary’s
   93  designee. To the greatest extent practical, at least 50 percent
   94  of the funds allocated under this subsection shall be allocated
   95  for large plant materials and the remaining funds for other
   96  plant materials. Except as prohibited by applicable federal law
   97  or regulation, all plant materials shall be purchased from
   98  Florida commercial nursery stock in this state on a uniform
   99  competitive bid basis. The department shall develop grades and
  100  standards for landscaping materials purchased through this
  101  process. To accomplish these activities, the department may
  102  contract with nonprofit organizations having the primary purpose
  103  of developing youth employment opportunities.
  104         Section 4. Paragraph (c) of subsection (3) of section
  105  338.231, Florida Statutes, is amended to read:
  106         338.231 Turnpike tolls, fixing; pledge of tolls and other
  107  revenues.—The department shall at all times fix, adjust, charge,
  108  and collect such tolls and amounts for the use of the turnpike
  109  system as are required in order to provide a fund sufficient
  110  with other revenues of the turnpike system to pay the cost of
  111  maintaining, improving, repairing, and operating such turnpike
  112  system; to pay the principal of and interest on all bonds issued
  113  to finance or refinance any portion of the turnpike system as
  114  the same become due and payable; and to create reserves for all
  115  such purposes.
  116         (3)
  117         (c) Notwithstanding any other provision of law to the
  118  contrary, any prepaid toll account of any kind which has
  119  remained inactive for 10 3 years is shall be presumed unclaimed
  120  and its disposition shall be handled by the Department of
  121  Financial Services in accordance with all applicable provisions
  122  of chapter 717 relating to the disposition of unclaimed
  123  property, and the prepaid toll account shall be closed by the
  124  department.
  125         Section 5. Section 339.0803, Florida Statutes, is amended
  126  to read:
  127         339.0803 Allocation of increased revenues derived from
  128  amendments to s. 320.08 by ch. 2019-43.—
  129         (1) Beginning in the 2021-2022 fiscal year and each fiscal
  130  year thereafter, funds that result from increased revenues to
  131  the State Transportation Trust Fund derived from the amendments
  132  to s. 320.08 made by chapter 2019-43, Laws of Florida, and
  133  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  134  to fund arterial highway projects identified by the department
  135  in accordance with s. 339.65 and may be used for projects as
  136  specified in ss. 339.66 and 339.67. For purposes of the funding
  137  provided in this section, the department shall prioritize use of
  138  existing facilities or portions thereof when upgrading arterial
  139  highways to limited or controlled access facilities. However,
  140  this section does not preclude use of the funding for projects
  141  that enhance the capacity of an arterial highway. The funds
  142  allocated as provided in this section shall be in addition to
  143  any other statutory funding allocations provided by law.
  144         (2) Revenues deposited into the State Transportation Trust
  145  Fund pursuant to s. 320.20(5)(a) shall first be available for
  146  appropriation for payments under a service contract entered into
  147  with the Florida Department of Transportation Financing
  148  Corporation pursuant to s. 339.0809(4) to fund arterial highway
  149  projects. For the corporation’s bonding purposes, two or more of
  150  such projects in the department’s approved work program may be
  151  treated as a single project.
  152         Section 6. Subsection (13) of section 339.0809, Florida
  153  Statutes, is amended to read:
  154         339.0809 Florida Department of Transportation Financing
  155  Corporation.—
  156         (13) The department may enter into a service contract in
  157  conjunction with the issuance of debt obligations as provided in
  158  this section which provides for periodic payments for debt
  159  service or other amounts payable with respect to debt
  160  obligations, plus any administrative expenses of the Florida
  161  Department of Transportation Financing Corporation. Funds
  162  appropriated for payments under a service contract shall be
  163  available after funds pledged to payment on bonds but before
  164  other statutorily required distributions.
  165         Section 7. Subsection (8) is added to section 339.2818,
  166  Florida Statutes, to read:
  167         339.2818 Small County Outreach Program.—
  168         (8) Subject to specific appropriation in addition to funds
  169  appropriated for projects under this section, a local government
  170  either wholly or partially within the Everglades Agricultural
  171  Area as defined in s. 373.4592(15), the Peace River Basin, or
  172  the Suwannee River Basin may compete for additional funding
  173  using the criteria listed in paragraph (4)(c) at up to 100
  174  percent of project costs on state or county roads used primarily
  175  as farm to market connections between rural agricultural areas
  176  and market distribution centers, excluding capacity improvement
  177  projects.
  178         Section 8. Subsection (4) is added to section 341.071,
  179  Florida Statutes, to read:
  180         341.071 Transit productivity and performance measures;
  181  reports.—
  182         (4)(a)As used in this subsection, the term:
  183         1. “Administrative costs” includes, but is not limited to,
  184  salaried employees’ compensation and benefits, small business
  185  outreach, professional service contracts not directly related to
  186  the operation and maintenance of a transit system, and other
  187  overhead expenses. This term does not include insurance costs.
  188         2. “Public transit provider” means a public agency
  189  providing public transit service, including an authority created
  190  pursuant to chapter 343 or chapter 349.
  191         (b) Each public transit provider shall, during a publicly
  192  noticed meeting, annually certify that its budgeted and actual
  193  administrative costs are not greater than 20 percent above the
  194  annual state average of administrative costs. The provider shall
  195  also disclose all employees’ compensation and benefits,
  196  ridership performance and metrics, and any gifts as defined in
  197  s. 112.312 accepted in exchange for contracts.
  198         (c) To support compliance with paragraph (b), the
  199  department shall determine the annual state average of
  200  administrative costs by calculating the annual administrative
  201  costs of all the public transit providers in this state annually
  202  by March 31 to inform the provider’s following Fiscal Year
  203  budget.
  204         Section 9. Paragraph (a) of subsection (2) of section
  205  341.822, Florida Statutes, is amended to read:
  206         341.822 Powers and duties.—
  207         (2)(a) In addition to the powers granted to the department,
  208  the enterprise has full authority to exercise all powers granted
  209  to it under this chapter. Powers shall include, but are not
  210  limited to, the ability to plan, construct, maintain, repair,
  211  and operate a high-speed rail system, to acquire corridors, and
  212  to coordinate the development and operation of publicly funded
  213  passenger rail systems in the state, and to preserve future rail
  214  corridors and rights-of-way in coordination with the
  215  department’s planning of the State Highway System.
  216         Section 10. This act shall take effect July 1, 2024.