Bill Text: FL S1200 | 2018 | Regular Session | Introduced
Bill Title: Statewide Alternative Transportation Authority
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Failed) 2018-03-10 - Died in Appropriations [S1200 Detail]
Download: Florida-2018-S1200-Introduced.html
Florida Senate - 2018 SB 1200 By Senator Young 18-00720E-18 20181200__ 1 A bill to be entitled 2 An act relating to the Statewide Alternative 3 Transportation Authority; amending s. 20.23, F.S.; 4 adding an alternative transportation authority as part 5 of the operations of the Department of Transportation; 6 requiring the authority to be headed by an executive 7 director; requiring the headquarters of the authority 8 to be located in Leon County; requiring the 9 responsibility for expending certain funds to be 10 delegated by the department secretary to the executive 11 director of the authority, subject to certain 12 requirements; requiring the authority to operate 13 pursuant to specified provisions; exempting the 14 authority from certain departmental policies, 15 procedures, and standards, subject to the secretary 16 having the authority to apply any such policies, 17 procedures, and standards to the authority; amending 18 s. 201.15, F.S.; beginning in a specified timeframe, 19 revising annual allocations in the State 20 Transportation Trust Fund for the Transportation 21 Regional Incentive Program; specifying annual 22 allocations to the Tampa Bay Area Regional Transit 23 Authority and the Statewide Alternative Transportation 24 Authority for certain purposes; specifying 25 requirements for matching funds for the Tampa Bay Area 26 Regional Transit Authority; repealing s. 341.303(5), 27 F.S., relating to fund participation and the Florida 28 Rail Enterprise; deleting a provision authorizing the 29 department, through the Florida Rail Enterprise, to 30 use specified funds for certain purposes; creating s. 31 341.86, F.S.; creating within the department the 32 Statewide Alternative Transportation Authority; 33 defining the term “alternative transportation system”; 34 specifying powers of the authority; requiring the 35 authority to be a single budget entity and to develop 36 a budget pursuant to specified provisions; requiring 37 the authority’s budget to be submitted to the 38 Legislature with the department’s budget; requiring 39 all alternative transportation system funding by the 40 department to be included in a certain budget entity; 41 requiring the Executive Office of the Governor, on a 42 specified date of each year, to certify forward 43 certain unexpended funds for the authority, subject to 44 certain requirements; requiring the department, 45 through the authority, to use specified funds in a 46 county to fund the design and construction of an 47 alternative transportation system for passengers based 48 on a certain proposal by the county; specifying 49 requirements for the use of the funds; requiring a 50 county proposing the use of funds for an alternative 51 transportation system to submit a request to the 52 authority, subject to certain requirements; requiring 53 local matching funds for certain distributions, 54 subject to certain requirements; prohibiting certain 55 funds distributed from being used to subsidize certain 56 existing projects; amending s. 343.58, F.S.; 57 conforming provisions to changes made by the act; 58 providing an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Paragraph (a) of subsection (4) of section 63 20.23, Florida Statutes, is amended, and paragraph (g) is added 64 to that subsection, to read: 65 20.23 Department of Transportation.—There is created a 66 Department of Transportation which shall be a decentralized 67 agency. 68 (4)(a) The operations of the department shall be organized 69 into seven districts, each headed by a district secretary, and a 70 turnpike enterprise,anda rail enterprise, and an alternative 71 transportation authority, each enterprise and the authority 72 headed by an executive director. The district secretaries and 73 the executive directors shall be registered professional 74 engineers in accordance withthe provisions ofchapter 471 or 75 the laws of another state, or, in lieu of professional engineer 76 registration, a district secretary or executive director may 77 hold an advanced degree in an appropriate related discipline, 78 such as a Master of Business Administration. The headquarters of 79 the districts shall be located in Polk, Columbia, Washington, 80 Broward, Volusia, Miami-Dade, and Hillsborough Counties. The 81 headquarters of the turnpike enterprise shall be located in 82 Orange County. The headquarters of the rail enterprise and the 83 alternative transportation authority shall be located in Leon 84 County. In order to provide for efficient operations and to 85 expedite the decisionmaking process, the department shall 86 provide for maximum decentralization to the districts. 87 (g)1. The responsibility for expending funds for the design 88 and construction of alternative transportation systems shall be 89 delegated by the secretary to the executive director of the 90 alternative transportation authority, who shall serve at the 91 pleasure of the secretary. The executive director shall report 92 directly to the secretary, and the authority shall operate 93 pursuant to s. 341.86. 94 2. To facilitate the most efficient administration of funds 95 for alternative transportation systems, the authority, except as 96 provided in s. 287.055, is exempt from departmental policies, 97 procedures, and standards, subject to the secretary having the 98 authority to apply any such policies, procedures, and standards 99 to the authority from time to time as deemed appropriate. 100 Section 2. Paragraph (a) of subsection (4) of section 101 201.15, Florida Statutes, is amended, and paragraph (b) of that 102 subsection is republished, to read: 103 201.15 Distribution of taxes collected.—All taxes collected 104 under this chapter are hereby pledged and shall be first made 105 available to make payments when due on bonds issued pursuant to 106 s. 215.618 or s. 215.619, or any other bonds authorized to be 107 issued on a parity basis with such bonds. Such pledge and 108 availability for the payment of these bonds shall have priority 109 over any requirement for the payment of service charges or costs 110 of collection and enforcement under this section. All taxes 111 collected under this chapter, except taxes distributed to the 112 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 113 are subject to the service charge imposed in s. 215.20(1). 114 Before distribution pursuant to this section, the Department of 115 Revenue shall deduct amounts necessary to pay the costs of the 116 collection and enforcement of the tax levied by this chapter. 117 The costs and service charge may not be levied against any 118 portion of taxes pledged to debt service on bonds to the extent 119 that the costs and service charge are required to pay any 120 amounts relating to the bonds. All of the costs of the 121 collection and enforcement of the tax levied by this chapter and 122 the service charge shall be available and transferred to the 123 extent necessary to pay debt service and any other amounts 124 payable with respect to bonds authorized before January 1, 2017, 125 secured by revenues distributed pursuant to this section. All 126 taxes remaining after deduction of costs shall be distributed as 127 follows: 128 (4) After the required distributions to the Land 129 Acquisition Trust Fund pursuant to subsections (1) and (2) and 130 deduction of the service charge imposed pursuant to s. 131 215.20(1), the remainder shall be distributed as follows: 132 (a) The lesser of 24.18442 percent of the remainder or 133 $541.75 million in each fiscal year shall be paid into the State 134 Treasury to the credit of the State Transportation Trust Fund. 135 Of such funds, $75 million for each fiscal year shall be 136 transferred to the General Revenue Fund. Notwithstanding any 137 other law, the remaining amount credited to the State 138 Transportation Trust Fund shall be used for: 139 1. Capital funding for the New Starts Transit Program, 140 authorized by Title 49, U.S.C. s. 5309 and specified in s. 141 341.051, in the amount of 10 percent of the funds; 142 2. The Small County Outreach Program specified in s. 143 339.2818, in the amount of 10 percent of the funds; 144 3. The Strategic Intermodal System specified in ss. 339.61, 145 339.62, 339.63, and 339.64, in the amount of 75 percent of the 146 funds after deduction of the payments required pursuant to 147 subparagraphs 1. and 2.; and 148 4. The Transportation Regional Incentive Program specified 149 in s. 339.2819, in the amount of 25 percent of the funds after 150 deduction of the payments required pursuant to subparagraphs 1. 151 and 2. Beginning in the 2021-2022 fiscal year, the first $60 152 million of the funds allocated pursuant to this subparagraph 153 mustshallbe allocated annually for alternative transportation 154 systems, as defined in s. 341.86, as follows: 155 a. Twenty-five million dollars on a matching basis to the 156 Tampa Bay Area Regional Transit Authority for the design and 157 construction of an alternative transportation system, as defined 158 in s. 341.86. One dollar in local or private matching funds must 159 be provided for each dollar distributed under this sub 160 subparagraph. Federal funds may not be substituted for the local 161 or private matching funds. 162 b. Thirty-five million dollars to the Statewide Alternative 163 Transportation Authorityto the Florida Rail Enterprisefor the 164 purposes established in s. 341.86s. 341.303(5). 165 (b) The lesser of 0.1456 percent of the remainder or $3.25 166 million in each fiscal year shall be paid into the State 167 Treasury to the credit of the Grants and Donations Trust Fund in 168 the Department of Economic Opportunity to fund technical 169 assistance to local governments. 170 171 Moneys distributed pursuant to paragraphs (a) and (b) may not be 172 pledged for debt service unless such pledge is approved by 173 referendum of the voters. 174 Section 3. Subsection (5) of section 341.303, Florida 175 Statutes, is repealed. 176 Section 4. Section 341.86, Florida Statutes, is created to 177 read: 178 341.86 Statewide Alternative Transportation Authority.— 179 (1) There is created within the department the Statewide 180 Alternative Transportation Authority. 181 (2) For purposes of this section, the term “alternative 182 transportation system” means a system of infrastructure, 183 appurtenances, and technology designed to move the greatest 184 number of people in the least amount of time. The term includes, 185 but is not limited to, autonomous vehicles as defined in s. 186 316.003 and transportation network companies as defined in s. 187 627.748. The term does not include other traditional uses of a 188 roadway system for conveyance. 189 (3) In addition to the powers granted to the department, 190 the authority may exercise all powers granted to it under this 191 section. These powers are in addition and supplemental to the 192 existing powers of the department. Powers of the authority 193 include, but are not limited to: 194 (a) Evaluating, financing, and overseeing proposals for 195 alternative transportation systems in this state. 196 (b) Expending funds to publicize and promote alternative 197 transportation systems and to contract with entities to 198 accomplish these purposes. 199 (c) Soliciting proposals in accordance with chapter 287 for 200 the design and construction of alternative transportation 201 systems and contracting with entities to expend funds to 202 accomplish this purpose. 203 (4)(a) The authority shall be a single budget entity and 204 shall develop a budget pursuant to chapter 216. The authority’s 205 budget shall be submitted to the Legislature with the 206 department’s budget. All alternative transportation funding by 207 the department must be included in this budget entity. 208 (b) Notwithstanding the provisions of s. 216.301 to the 209 contrary and in accordance with s. 216.351, the Executive Office 210 of the Governor shall, on July 1 of each year, certify forward 211 all unexpended funds appropriated or provided for the authority. 212 Of the unexpended funds certified forward, any unencumbered 213 amounts shall be carried forward. Such funds carried forward may 214 not exceed 5 percent of the original approved operating budget 215 of the authority pursuant to s. 216.181(1). Funds carried 216 forward pursuant to this paragraph may be used for the purposes 217 specified in this section. Any certified-forward funds remaining 218 undisbursed on September 30 of each year shall be carried 219 forward. 220 (5) The department, through the authority, shall use funds 221 provided pursuant to s. 201.15(4)(a)4.b. in a county to fund the 222 design and construction of an alternative transportation system 223 for passengers based on a county proposal that the authority 224 approves as being consistent with the requirements of this 225 section. 226 (6) Of the $35 million allocated under s. 201.15(4)(a)4.b., 227 the authority must use $25 million for an alternative 228 transportation system in a county as defined in s. 125.011(1). 229 The authority must use the remainder for such a system in any 230 other county or counties in the state. 231 (7) A county proposing the use of funds for an alternative 232 transportation system must submit a request to the authority 233 which must include a detailed project and financial plan. The 234 funding request must specify the duration of the project and the 235 total amount sought by state fiscal year. 236 (8) One dollar in local or private matching funds must be 237 provided for each dollar distributed under this section. Federal 238 funds may not be substituted for the local or private matching 239 funds. 240 (9) Funds distributed under this section may not be used to 241 subsidize projects with existing funding commitments as of July 242 1, 2018. 243 Section 5. Paragraph (b) of subsection (4) of section 244 343.58, Florida Statutes, is amended to read: 245 343.58 County funding for the South Florida Regional 246 Transportation Authority.— 247 (4) Notwithstanding any other provision of law to the 248 contrary and effective July 1, 2010, until as provided in 249 paragraph (d), the department shall transfer annually from the 250 State Transportation Trust Fund to the South Florida Regional 251 Transportation Authority the amounts specified in subparagraph 252 (a)1. or subparagraph (a)2. 253 (b) Funding required by this subsection may not be provided 254 from the funds dedicated to the Statewide Alternative 255 Transportation AuthorityFlorida Rail Enterprisepursuant to s. 256 201.15(4)(a)4.b.s. 201.15(4)(a)4.257 Section 6. This act shall take effect July 1, 2018.