Bill Text: FL S1226 | 2024 | Regular Session | Comm Sub
Bill Title: Department of Transportation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1301 [S1226 Detail]
Download: Florida-2024-S1226-Comm_Sub.html
Florida Senate - 2024 CS for CS for CS for SB 1226 By the Committee on Fiscal Policy; the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator DiCeglie 594-03824-24 20241226c3 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; revising the list of areas of 4 program responsibility within the Department of 5 Transportation; deleting the requirement that the 6 secretary of the department appoint the department’s 7 inspector general and that he or she be directly 8 responsible to the secretary; amending s. 311.101, 9 F.S.; requiring that a specified amount of recurring 10 funds from the State Transportation Trust Fund be made 11 available for the Intermodal Logistics Center 12 Infrastructure Support Program; requiring the 13 department to include specified projects in its 14 tentative work program; amending s. 334.046, F.S.; 15 revising provisions relating to the department’s 16 mission, goals, and objectives; creating s. 334.61, 17 F.S.; requiring governmental entities that propose 18 certain projects to conduct a traffic study; requiring 19 the governmental entity to give notice to property 20 owners, impacted municipalities, and counties affected 21 by such projects within a specified timeframe; 22 providing notice requirements; requiring such 23 governmental entities to hold a public meeting, with a 24 specified period of prior notice, before completion of 25 the design phase of such projects; providing 26 requirements for such public meetings; requiring such 27 governmental entities to review and take into 28 consideration comments and alternatives presented in 29 public meetings in the final project design; amending 30 s. 338.231, F.S.; revising the length of time before 31 which an inactive prepaid toll account becomes 32 unclaimed property; amending s. 338.26, F.S.; revising 33 the date by which fees generated from tolls deposited 34 into the State Transportation Trust Fund must be used 35 to reimburse a local governmental entity for certain 36 costs of operating a specified fire station; providing 37 that a specified interlocal agreement related to the 38 Alligator Alley toll road controls the use of certain 39 State Transportation Trust Fund moneys until the local 40 governmental entity and the department enter into a 41 new agreement or agree to extend the existing 42 agreement; specifying the amount of reimbursement for 43 the 2024-2025 fiscal year; requiring the local 44 governmental entity, by a specified date and at 45 specified intervals thereafter, to provide a 46 maintenance and operations comprehensive plan to the 47 department; providing requirements for the 48 comprehensive plan; requiring the local governmental 49 entity and the department to review and adopt the 50 comprehensive plan as part of the interlocal 51 agreement; requiring the department, in accordance 52 with certain projections, to include the corresponding 53 funding needs in the department’s work program; 54 requiring that ownership and title of certain 55 equipment purchased with state funds and used at a 56 specified fire station during the term of the 57 interlocal agreement transfer to the state at the end 58 of the term of the agreement; amending s. 339.08, 59 F.S.; prohibiting the department from expending state 60 funds to support a project or program of specified 61 entities; requiring the department to withhold state 62 funds until such entities are in compliance with a 63 specified provision; amending s. 339.0803, F.S.; 64 prioritizing availability of certain revenues 65 deposited into the State Transportation Trust Fund for 66 payments under service contracts with the Florida 67 Department of Transportation Financing Corporation to 68 fund arterial highway projects; providing that two or 69 more such projects may be treated as a single project 70 for certain purposes; amending s. 339.0809, F.S.; 71 specifying availability of funds appropriated for 72 payments under a service contract with the 73 corporation; authorizing the department to enter into 74 service contracts to finance certain projects; 75 providing requirements for annual service contract 76 payments; requiring the department, before execution 77 of a service contract, to ensure that annual payments 78 are programmed for the life of the contract and to 79 ensure that they remain programmed until fully paid; 80 amending s. 339.2818, F.S.; authorizing, subject to 81 appropriation, a local government within a specified 82 area to compete for funding using specified criteria 83 on specified roads; providing an exception; amending 84 s. 341.051, F.S.; providing voting and meeting notice 85 requirements for specified public transit projects; 86 providing meeting notice requirements for discussion 87 of specified actions by a public transit provider; 88 requiring that certain unallocated funds for the New 89 Starts Transit Program be reallocated for the purpose 90 of the Strategic Intermodal System; providing for 91 expiration of the reallocation; prohibiting, as a 92 condition of receiving state funds, public transit 93 provider from expending such funds for specified 94 marketing or advertising activities; requiring the 95 department to incorporate certain guidelines in the 96 public transportation grant agreement entered into 97 with each public transit provider; prohibiting certain 98 wraps, tinting, paint, media, or advertisements on 99 passenger windows of public transit provider vehicles 100 from being darker than certain window tinting 101 requirements; amending s. 341.071, F.S.; defining 102 terms; beginning on a specified date and annually 103 thereafter, requiring each public transit provider to 104 take specified actions during a publicly noticed 105 meeting; requiring that a certain disclosure be posted 106 on public transit providers’ websites; requiring the 107 department to determine the annual state average of 108 general administrative costs; authorizing certain 109 costs to be excluded from such annual state average; 110 requiring a specified increase in general 111 administration costs to be reviewed and approved by 112 certain entities; amending s. 341.822, F.S.; revising 113 the powers of the Florida Rail Enterprise; providing 114 an effective date. 115 116 Be It Enacted by the Legislature of the State of Florida: 117 118 Section 1. Paragraphs (b) and (d) of subsection (3) of 119 section 20.23, Florida Statutes, are amended to read: 120 20.23 Department of Transportation.—There is created a 121 Department of Transportation which shall be a decentralized 122 agency. 123 (3) 124 (b) The secretary may appoint positions at the level of 125 deputy assistant secretary or director which the secretary deems 126 necessary to accomplish the mission and goals of the department, 127 including, but not limited to, the areas of program 128 responsibility provided in this paragraph, each of whom shall be 129 appointed by and serve at the pleasure of the secretary. The 130 secretary may combine, separate, or delete offices as needed in 131 consultation with the Executive Office of the Governor. The 132 department’s areas of program responsibility include, but are 133 not limited to, all of the following: 134 1. Administration.;135 2. Planning.;136 3. Modal development.Public transportation;137 4. Design.;138 5. Highway operations.;139 6. Right-of-way.;140 7. Toll operations.;141 8. Transportation technology. 142 9.8.Information systems.;143 10.9.Motor carrier weight inspection.;144 11.10.Work program developmentManagementand budget.;145 12.11.Comptroller.;146 13.12.Construction.;147 14. Statewide corridors. 148 15.13.Maintenance.;and149 16. Forecasting and performance. 150 17. Emergency management. 151 18. Safety. 152 19.14. Materials. 153(d) The secretary shall appoint an inspector general154pursuant to s. 20.055 who shall be directly responsible to the155secretary and shall serve at the pleasure of the secretary.156 Section 2. Present subsection (7) of section 311.101, 157 Florida Statutes, is redesignated as subsection (8), and a new 158 subsection (7) is added to that section, to read: 159 311.101 Intermodal Logistics Center Infrastructure Support 160 Program.— 161 (7) Beginning with the 2024-2025 fiscal year through the 162 2029-2030 fiscal year, $15 million in recurring funds shall be 163 made available from the State Transportation Trust Fund for the 164 program. The Department of Transportation shall include projects 165 proposed to be funded under this section in the tentative work 166 program developed pursuant to s. 339.135(4). 167 Section 3. Section 334.046, Florida Statutes, is amended to 168 read: 169 334.046 Department mission, goals, and objectives.— 170 (1) The department shall consider the following prevailing 171 principles whento be considered inplanning and developing the 172 state’s multimodalan integrated, balanced statewide173 transportation systemare: preserving Florida’sthe existing174 transportation infrastructure; supporting itsenhancing175Florida’seconomic competitiveness; promoting the efficient 176 movement of people and goods; and preserving Florida’s quality 177 of lifeimproving travel choices to ensure mobility. 178 (2) The mission of the Department of Transportation shall 179 be to provide a safe statewide transportation system that 180 promotes the efficient movementensures the mobilityof people 181 and goods, supports the state’senhanceseconomic 182 competitiveness, prioritizes Florida’s environment and natural 183 resourcesprosperity, and preserves the quality of life and 184 connectedness of the state’sour environment andcommunities. 185 (3) Thedepartment shall document in the Florida186Transportation Plan, in accordance with s. 339.155 and based187upon theprevailing principles outlined in this section shall be 188 incorporated into allof preserving the existing transportation189infrastructure, enhancing Florida’s economic competitiveness,190and improving travel choices to ensure mobility, thegoals and 191 objectives that provide statewide policy guidance for 192 accomplishing the department’s mission, including the Florida 193 Transportation Plan outlined in s. 339.155. 194 (4) At a minimum, the department’s goals shall address the 195 following prevailing principles:.196 (a) Maintaining investmentsPreservation.—Protecting the 197 state’s transportation infrastructure investment, which.198Preservationincludes: 199 1. Ensuring that 80 percent of the pavement on the State 200 Highway System meets department standards; 201 2. Ensuring that 90 percent of department-maintained 202 bridges meet department standards; and 203 3. Ensuring that the department achieves 100 percent of the 204 acceptable maintenance standard on the state highway system. 205 (b) Economic competitiveness.—Ensuring that the state has a 206 clear understanding of the return on investment and economic 207 impactsconsequencesof transportation infrastructure 208 investments,and how such investments affect the state’s 209 economic competitiveness. The department must develop a 210 macroeconomic analysis of the linkages between transportation 211 investment and economic performance, as well as a method to 212 quantifiably measure the economic benefits of the district-work 213 program investments. Such an analysis must analyze: 214 1. The state’s and district’s economic performance relative 215 to the competition. 216 2. The business environment as viewed from the perspective 217 of companies evaluating the state as a place in which to do 218 business. 219 3. The state’s capacity to sustain long-term growth. 220 (c) Connected transportation systemMobility.—Ensuring a 221 cost-effective, statewide, interconnected transportation system 222 that provides for the most efficient and effective multimodality 223 and mobility. 224 (d) Preserving Florida’s natural resources and quality of 225 life.—Prioritizing Florida’s natural resources and the quality 226 of life of its communities. 227 Section 4. Section 334.61, Florida Statutes, is created to 228 read: 229 334.61 Traffic lane repurposing.— 230 (1) When a governmental entity proposes any project that 231 will repurpose one or more existing traffic lanes, the 232 governmental entity shall include a traffic study to address any 233 potential adverse impacts of the project, including, but not 234 limited to, changes in traffic congestion and impacts on safety. 235 (2) If, following the study required by subsection (1), the 236 governmental entity elects to continue with the design of the 237 project, it must notify all affected property owners, impacted 238 municipalities, and the counties in which the project is located 239 at least 180 days before the design phase of the project is 240 completed. The notice must provide a written explanation 241 regarding the need for the project and information on how to 242 review the traffic study required by subsection (1), and must 243 indicate that all affected parties will be given an opportunity 244 to provide comments to the proposing entity regarding potential 245 impacts of the change. 246 (3) The governmental entity shall hold at least one public 247 meeting, with at least 30 days prior notice, before completing 248 the design phase of the project in the jurisdiction where the 249 project is located. At the public meeting, the governmental 250 entity shall explain the purpose of the project and receive 251 public input, including possible alternatives, to determine the 252 manner in which the project will affect the community. 253 (4) The governmental entity shall review all comments from 254 the public meeting and take the comments and any alternatives 255 presented during the meeting into consideration in the final 256 design of the project. 257 Section 5. Paragraph (c) of subsection (3) of section 258 338.231, Florida Statutes, is amended to read: 259 338.231 Turnpike tolls, fixing; pledge of tolls and other 260 revenues.—The department shall at all times fix, adjust, charge, 261 and collect such tolls and amounts for the use of the turnpike 262 system as are required in order to provide a fund sufficient 263 with other revenues of the turnpike system to pay the cost of 264 maintaining, improving, repairing, and operating such turnpike 265 system; to pay the principal of and interest on all bonds issued 266 to finance or refinance any portion of the turnpike system as 267 the same become due and payable; and to create reserves for all 268 such purposes. 269 (3) 270 (c) Notwithstanding any other provision of law to the 271 contrary, any prepaid toll account of any kind which has 272 remained inactive for 103years isshall bepresumed unclaimed 273 and its disposition shall be handled by the Department of 274 Financial Services in accordance with all applicable provisions 275 of chapter 717 relating to the disposition of unclaimed 276 property, and the prepaid toll account shall be closed by the 277 department. 278 Section 6. Paragraph (a) of subsection (3) of section 279 338.26, Florida Statutes, is amended to read: 280 338.26 Alligator Alley toll road.— 281 (3)(a) Fees generated from tolls shall be deposited in the 282 State Transportation Trust Fund and shall be used: 283 1. To reimburse outstanding contractual obligations; 284 2. To operate and maintain the highway and toll facilities, 285 including reconstruction and restoration; 286 3. To pay for those projects that are funded with Alligator 287 Alley toll revenues and that are contained in the 1993-1994 288 adopted work program or the 1994-1995 tentative work program 289 submitted to the Legislature on February 22, 1994; and 290 4. By interlocal agreementeffective July 1, 2019, through291no later than June 30, 2027, to reimburse a local governmental 292 entity for the direct actual costs of operating the fire station 293 at mile marker 63 on Alligator Alley, which shall be used by the 294 local governmental entity to provide fire, rescue, and emergency 295 management services exclusively to the public on Alligator 296 Alley. The local governmental entity must contribute 10 percent 297 of the direct actual operating costs. 298 a. The interlocal agreement effective July 1, 2019, through 299 June 30, 2027, shall control until such time that the local 300 governmental entity and the department enter into a new 301 agreement or agree to extend the existing agreement. For the 302 2024-2025 fiscal year, the amount of reimbursement shall be $2 303 million. 304 b. By December 31, 2024, and every 5 years thereafter, the 305 local governmental entity shall provide a maintenance and 306 operations comprehensive plan to the department. The 307 comprehensive plan must include a current inventory of assets, 308 including their projected service life, and area service needs; 309 the call and response history for emergency services provided in 310 the preceding 5 years on Alligator Alley, including costs; and 311 future projections for assets and equipment, including 312 replacement or purchase needs, and operating costs. 313 c. The local governmental entity and the department shall 314 review and adopt the comprehensive plan as part of the 315 interlocal agreement. 316 d. In accordance with projected incoming toll revenues for 317 Alligator Alley, the department shall include the corresponding 318 funding needs of the comprehensive plan in the department’s work 319 programThe amount of reimbursement to the local governmental320entity may not exceed $1.4 million in any state fiscal year. 321 e. At the end of the term of the interlocal agreement, the 322 ownership and title of all fire, rescue, and emergency equipment 323 purchased with state funds and used at the fire station during 324 the term of the interlocal agreement transfers to the state. 325 Section 7. Subsection (5) is added to section 339.08, 326 Florida Statutes, to read: 327 339.08 Use of moneys in State Transportation Trust Fund.— 328 (5) The department may not expend any state funds as 329 described in s. 215.31 to support a project or program of any of 330 the following entities: 331 (a) A public transit provider as defined in s. 341.031; 332 (b) An authority created pursuant to chapter 343, chapter 333 348, or chapter 349; 334 (c) A public-use airport as defined in s. 332.004; or 335 (d) A port listed in s. 311.09(1), 336 337 which is found in violation of s. 381.00316. The department 338 shall withhold state funds until the public transit provider, 339 authority, public-use airport, or port is found in compliance 340 with s. 381.00316. 341 Section 8. Section 339.0803, Florida Statutes, is amended 342 to read: 343 339.0803 Allocation of increased revenues derived from 344 amendments to s. 320.08 by ch. 2019-43.— 345 (1) Beginning in the 2021-2022 fiscal year and each fiscal 346 year thereafter, funds that result from increased revenues to 347 the State Transportation Trust Fund derived from the amendments 348 to s. 320.08 made by chapter 2019-43, Laws of Florida, and 349 deposited into the fund pursuant to s. 320.20(5)(a) must be used 350 to fund arterial highway projects identified by the department 351 in accordance with s. 339.65 and may be used for projects as 352 specified in ss. 339.66 and 339.67. For purposes of the funding 353 provided in this section, the department shall prioritize use of 354 existing facilities or portions thereof when upgrading arterial 355 highways to limited or controlled access facilities. However, 356 this section does not preclude use of the funding for projects 357 that enhance the capacity of an arterial highway. The funds 358 allocated as provided in this section shall be in addition to 359 any other statutory funding allocations provided by law. 360 (2) Revenues deposited into the State Transportation Trust 361 Fund pursuant to s. 320.20(5)(a) shall first be available for 362 appropriation for payments under a service contract entered into 363 with the Florida Department of Transportation Financing 364 Corporation pursuant to s. 339.0809(4) to fund arterial highway 365 projects. For the corporation’s bonding purposes, two or more 366 such projects in the department’s adopted work program may be 367 treated as a single project. 368 Section 9. Subsection (13) of section 339.0809, Florida 369 Statutes, is amended, and subsection (14) is added to that 370 section, to read: 371 339.0809 Florida Department of Transportation Financing 372 Corporation.— 373 (13) The department may enter into a service contract in 374 conjunction with the issuance of debt obligations as provided in 375 this section which provides for periodic payments for debt 376 service or other amounts payable with respect to debt 377 obligations, plus any administrative expenses of the Florida 378 Department of Transportation Financing Corporation. Funds 379 appropriated for payments under a service contract shall be 380 available after funds pledged to payment on bonds, but before 381 other statutorily required distributions. 382 (14) The department may enter into a service contract to 383 finance the projects authorized in s. 215 of chapter 2023-239, 384 Laws of Florida, and in budget amendment EOG #2024-B0112, and 385 subsequently adopted into the 5-year work program. Service 386 contract payments may not exceed 7 percent of the funds 387 deposited in the State Transportation Trust Fund in each fiscal 388 year. The annual payments under such service contract shall be 389 included in the department’s work program and legislative budget 390 request developed pursuant to s. 339.135. The department shall 391 ensure that the annual payments are programmed for the life of 392 the service contract before execution of the service contract 393 and shall remain programmed until fully paid. 394 Section 10. Subsection (8) is added to section 339.2818, 395 Florida Statutes, to read: 396 339.2818 Small County Outreach Program.— 397 (8) Subject to a specific appropriation in addition to 398 funds appropriated for projects under this section, a local 399 government either wholly or partially within the Everglades 400 Agricultural Area as defined in s. 373.4592(15), the Peace River 401 Basin, or the Suwannee River Basin may compete for additional 402 funding using the criteria listed in paragraph (4)(c) at up to 403 100 percent of project costs on state or county roads used 404 primarily as farm-to-market connections between rural 405 agricultural areas and market distribution centers, excluding 406 capacity improvement projects. 407 Section 11. Subsection (6) of section 341.051, Florida 408 Statutes, is amended, paragraphs (c) and (d) are added to 409 subsection (2), and subsection (8) is added to that section, to 410 read: 411 341.051 Administration and financing of public transit and 412 intercity bus service programs and projects.— 413 (2) PUBLIC TRANSIT PLAN.— 414 (c) Any lane elimination or lane repurposing, 415 recommendation, or application relating to public transit 416 projects must be approved by a two-thirds vote of the transit 417 authority board in a public meeting to be held after a 30-day 418 public notice. 419 (d) Any action of eminent domain for acquisition of public 420 transit facilities carried out by a public transit provider must 421 be discussed by the public transit provider at a public meeting 422 to be held after a 30-day public notice. 423 (6) ANNUAL APPROPRIATION.— 424 (a) Funds paid into the State Transportation Trust Fund 425 pursuant to s. 201.15 for the New Starts Transit Program are 426 hereby annually appropriated for expenditure to support the New 427 Starts Transit Program. 428 (b) The remaining unallocated New Starts Transit Program 429 funds as of June 30, 2024, shall be reallocated for the purpose 430 of the Strategic Intermodal System within the State 431 Transportation Trust Fund. This paragraph expires June 30, 2026. 432 (8) EXTERIOR VEHICLE WRAP, TINTING, PAINT, MARKETING, AND 433 ADVERTISING.— 434 (a) As a condition of receiving funds from the department, 435 a public transit provider may not expend department funds for 436 marketing or advertising activities, including any wrap, 437 tinting, paint, or other medium displayed, attached, or affixed 438 on a bus, commercial motor vehicle, or motor vehicle that is 439 owned, leased, or operated by the public transit provider. Such 440 vehicles are limited to displaying a brand or logo of the public 441 transit provider, the official seal of the jurisdictional 442 governmental entity, or a state agency public service 443 announcement. 444 (b) The department shall incorporate guidelines for the 445 marketing or advertising activities allowed under paragraph (a) 446 in the public transportation grant agreement entered into with 447 each public transit provider. 448 (c) Any new wrap, tinting, paint, medium, or advertisement 449 on the passenger windows of a vehicle used by a public transit 450 provider may not be darker than the legally allowed window 451 tinting requirements provided in s. 316.2954. 452 453 For purposes of this section, the term “net operating costs” 454 means all operating costs of a project less any federal funds, 455 fares, or other sources of income to the project. 456 Section 12. Subsection (4) is added to section 341.071, 457 Florida Statutes, to read: 458 341.071 Transit productivity and performance measures; 459 reports.— 460 (4)(a) As used in this subsection, the term: 461 1. “General administrative costs” includes, but is not 462 limited to, costs related to transit service development, 463 injuries and damages, safety, personnel administration, legal 464 services, data processing, finance and accounting, purchasing 465 and stores, engineering, real estate management, office 466 management and services, customer service, promotion, market 467 research, and planning. The term does not include insurance 468 costs. 469 2. “Public transit provider” means a public agency 470 providing public transit service, including an authority created 471 pursuant to part II of chapter 343 or chapter 349. The term does 472 not apply to the Central Florida Commuter Rail Commission or the 473 authority created pursuant to part I of chapter 343. 474 3. “Tier 1 provider” has the same meaning as in 49 C.F.R. 475 part 625. 476 4. “Tier 2 provider” has the same meaning as in defined in 477 49 C.F.R. part 625. 478 (b) Beginning November 1, 2024, and annually thereafter, 479 each public transit provider, during a publicly noticed meeting, 480 shall: 481 1. Certify that its budgeted and general administration 482 costs are not greater than 20 percent above the annual state 483 average of administrative costs for its respective tier. 484 2. Present a line-item budget report of its budgeted and 485 actual general administration costs. 486 3. Disclose all salaried executive management-level 487 employees’ total compensation packages, ridership performance 488 and metrics, and any gift as defined in s. 112.312 accepted in 489 exchange for contracts. This disclosure shall be posted annually 490 on the public transit provider’s website. 491 (c) To support compliance with paragraph (b), the 492 department shall determine, by tier, the annual state average of 493 general administrative costs by determining the percentage of 494 the total operating budget which is expended on general 495 administration costs in this state annually by March 31 to 496 inform the public transit provider’s budget for the following 497 fiscal year. Upon review and certification by the department, 498 costs budgeted and expended in association with nontransit 499 related engineering and construction services may be excluded. 500 (d) A year-over-year cumulative increase of 5 percent or 501 more in general administration costs must be reviewed before the 502 start of the next fiscal year and must be reviewed and approved 503 by the department before approval by the public transportation 504 provider’s governing board. 505 Section 13. Paragraph (a) of subsection (2) of section 506 341.822, Florida Statutes, is amended to read: 507 341.822 Powers and duties.— 508 (2)(a) In addition to the powers granted to the department, 509 the enterprise has full authority to exercise all powers granted 510 to it under this chapter. Powers shall include, but are not 511 limited to, the ability to plan, construct, maintain, repair, 512 and operate a high-speed rail system,to acquire corridors, and513 to coordinate the development and operation of publicly funded 514 passenger rail systems in the state, and to preserve future rail 515 corridors and rights-of-way in coordination with the 516 department’s planning of the State Highway System. 517 Section 14. This act shall take effect July 1, 2024.