Bill Text: FL S1126 | 2021 | Regular Session | Introduced


Bill Title: Department of Transportation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-04-14 - On Committee agenda-- Appropriations, 04/19/21, 10:00 am, 412 Knott Building [S1126 Detail]

Download: Florida-2021-S1126-Introduced.html
       Florida Senate - 2021                                    SB 1126
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01671A-21                                          20211126__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 201.15, F.S.; clarifying that the
    4         Department of Revenue is responsible for a certain
    5         transfer from the State Treasury to the General
    6         Revenue Fund of a portion of documentary stamp tax
    7         distributions credited to the State Transportation
    8         Trust Fund; amending s. 206.46, F.S.; revising a
    9         limitation on an annual transfer from the State
   10         Transportation Trust Fund to the Right-of-Way
   11         Acquisition and Bridge Construction Trust Fund;
   12         amending ss. 206.606, 206.608, and 212.0501, F.S.;
   13         removing a requirement for the deduction of certain
   14         service charges before the distribution of certain
   15         moneys; amending s. 316.545, F.S.; deleting a
   16         requirement that the department provide space and
   17         video conference capability at each of the
   18         department’s district offices as an alternative to
   19         physical appearance by a person requesting a hearing
   20         before the Commercial Motor Vehicle Review Board
   21         within the department; requiring the department to
   22         allow a person requesting a hearing to appear remotely
   23         via communications media technology authorized by a
   24         specified rule; amending s. 319.32, F.S.; removing a
   25         requirement for the deduction of certain service
   26         charges before depositing fees for a certificate of
   27         title into the State Transportation Trust Fund;
   28         creating s. 333.15, F.S.; requiring the department to
   29         adopt rules to implement ch. 333, relating to airport
   30         zoning; amending s. 335.199, F.S.; requiring the
   31         department, when proposing any project on the State
   32         Highway System which will close or modify an existing
   33         access to an abutting property owner, to provide
   34         notice to affected property owners, municipalities,
   35         and counties at least 180 days before the design phase
   36         of the project is completed; requiring the department
   37         to hold at least one public meeting before completing
   38         the design phase of the project; making a technical
   39         change; amending s. 339.135, F.S.; revising the date
   40         by which a metropolitan planning organization must
   41         annually submit project priorities to the appropriate
   42         department district for purposes of developing
   43         department district work programs; removing the
   44         expiration of provisions relating to approval of
   45         department work program amendments when a meeting of
   46         the Legislative Budget Commission cannot be held
   47         within a specified timeframe; amending s. 339.175,
   48         F.S.; revising the date by which a metropolitan
   49         planning organization must annually submit a list of
   50         project priorities to the appropriate department
   51         district for purposes of developing department
   52         district work programs and developing metropolitan
   53         planning organization transportation improvement
   54         programs; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (a) of subsection (4) of section
   59  201.15, Florida Statutes, is amended to read:
   60         201.15 Distribution of taxes collected.—All taxes collected
   61  under this chapter are hereby pledged and shall be first made
   62  available to make payments when due on bonds issued pursuant to
   63  s. 215.618 or s. 215.619, or any other bonds authorized to be
   64  issued on a parity basis with such bonds. Such pledge and
   65  availability for the payment of these bonds shall have priority
   66  over any requirement for the payment of service charges or costs
   67  of collection and enforcement under this section. All taxes
   68  collected under this chapter, except taxes distributed to the
   69  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   70  are subject to the service charge imposed in s. 215.20(1).
   71  Before distribution pursuant to this section, the Department of
   72  Revenue shall deduct amounts necessary to pay the costs of the
   73  collection and enforcement of the tax levied by this chapter.
   74  The costs and service charge may not be levied against any
   75  portion of taxes pledged to debt service on bonds to the extent
   76  that the costs and service charge are required to pay any
   77  amounts relating to the bonds. All of the costs of the
   78  collection and enforcement of the tax levied by this chapter and
   79  the service charge shall be available and transferred to the
   80  extent necessary to pay debt service and any other amounts
   81  payable with respect to bonds authorized before January 1, 2017,
   82  secured by revenues distributed pursuant to this section. All
   83  taxes remaining after deduction of costs shall be distributed as
   84  follows:
   85         (4) After the required distributions to the Land
   86  Acquisition Trust Fund pursuant to subsections (1) and (2) and
   87  deduction of the service charge imposed pursuant to s.
   88  215.20(1), the remainder shall be distributed as follows:
   89         (a) The lesser of 24.18442 percent of the remainder or
   90  $541.75 million in each fiscal year shall be paid into the State
   91  Treasury to the credit of the State Transportation Trust Fund.
   92  Of such funds, $75 million for each fiscal year shall be
   93  transferred by the Department of Revenue to the General Revenue
   94  Fund. Notwithstanding any other law, the remaining amount
   95  credited to the State Transportation Trust Fund shall be used
   96  for:
   97         1. Capital funding for the New Starts Transit Program,
   98  authorized by Title 49, U.S.C. s. 5309 and specified in s.
   99  341.051, in the amount of 10 percent of the funds;
  100         2. The Small County Outreach Program specified in s.
  101  339.2818, in the amount of 10 percent of the funds;
  102         3. The Strategic Intermodal System specified in ss. 339.61,
  103  339.62, 339.63, and 339.64, in the amount of 75 percent of the
  104  funds after deduction of the payments required pursuant to
  105  subparagraphs 1. and 2.; and
  106         4. The Transportation Regional Incentive Program specified
  107  in s. 339.2819, in the amount of 25 percent of the funds after
  108  deduction of the payments required pursuant to subparagraphs 1.
  109  and 2. The first $60 million of the funds allocated pursuant to
  110  this subparagraph shall be allocated annually to the Florida
  111  Rail Enterprise for the purposes established in s. 341.303(5).
  112         Section 2. Subsection (2) of section 206.46, Florida
  113  Statutes, is amended to read:
  114         206.46 State Transportation Trust Fund.—
  115         (2) Notwithstanding any other provisions of law, from the
  116  revenues deposited into the State Transportation Trust Fund a
  117  maximum of 7 percent in each fiscal year shall be transferred
  118  into the Right-of-Way Acquisition and Bridge Construction Trust
  119  Fund created in s. 215.605, as needed to meet the requirements
  120  of the documents authorizing the bonds issued or proposed to be
  121  issued under ss. 215.605 and 337.276 or at a minimum amount
  122  sufficient to pay for the debt service coverage requirements of
  123  outstanding bonds. Notwithstanding the 7 percent annual transfer
  124  authorized in this subsection, the annual amount transferred
  125  under this subsection may shall not exceed an amount necessary
  126  to provide the required debt service coverage levels for a
  127  maximum debt service not to exceed $350 $275 million. Such
  128  transfer shall be payable primarily from the motor and diesel
  129  fuel taxes transferred to the State Transportation Trust Fund
  130  from the Fuel Tax Collection Trust Fund.
  131         Section 3. Subsection (1) of section 206.606, Florida
  132  Statues, is amended to read:
  133         206.606 Distribution of certain proceeds.—
  134         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  135  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  136  Fund. Such moneys, after deducting the service charges imposed
  137  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  138  administrative costs incurred by the department in collecting,
  139  administering, enforcing, and distributing the tax, which
  140  administrative costs may not exceed 2 percent of collections,
  141  shall be distributed monthly to the State Transportation Trust
  142  Fund, except that:
  143         (a) $6.30 million shall be transferred to the Fish and
  144  Wildlife Conservation Commission in each fiscal year and
  145  deposited in the Invasive Plant Control Trust Fund to be used
  146  for aquatic plant management, including nonchemical control of
  147  aquatic weeds, research into nonchemical controls, and
  148  enforcement activities. The commission shall allocate at least
  149  $1 million of such funds to the eradication of melaleuca.
  150         (b) Annually, $2.5 million shall be transferred to the
  151  State Game Trust Fund in the Fish and Wildlife Conservation
  152  Commission and used for recreational boating activities and
  153  freshwater fisheries management and research. The transfers must
  154  be made in equal monthly amounts beginning on July 1 of each
  155  fiscal year. The commission shall annually determine where unmet
  156  needs exist for boating-related activities, and may fund such
  157  activities in counties where, due to the number of vessel
  158  registrations, sufficient financial resources are unavailable.
  159         1. A minimum of $1.25 million shall be used to fund local
  160  projects to provide recreational channel marking and other
  161  uniform waterway markers, public boat ramps, lifts, and hoists,
  162  marine railways, and other public launching facilities, derelict
  163  vessel removal, and other local boating-related activities. In
  164  funding the projects, the commission shall give priority
  165  consideration to:
  166         a. Unmet needs in counties having populations of 100,000 or
  167  less fewer.
  168         b. Unmet needs in coastal counties having a high level of
  169  boating-related activities from individuals residing in other
  170  counties.
  171         2. The remaining $1.25 million may be used for recreational
  172  boating activities and freshwater fisheries management and
  173  research.
  174         3. The commission may adopt rules to administer a Florida
  175  Boating Improvement Program.
  176  
  177  The commission shall prepare and make available on its Internet
  178  website an annual report outlining the status of its Florida
  179  Boating Improvement Program, including the projects funded, and
  180  a list of counties whose needs are unmet due to insufficient
  181  financial resources from vessel registration fees.
  182         (c) 0.65 percent of moneys collected pursuant to s.
  183  206.41(1)(g) shall be transferred to the Agricultural Emergency
  184  Eradication Trust Fund.
  185         (d) $13.4 million in fiscal year 2007-2008 and each fiscal
  186  year thereafter of the moneys attributable to the sale of motor
  187  and diesel fuel at marinas shall be transferred from the Fuel
  188  Tax Collection Trust Fund to the Marine Resources Conservation
  189  Trust Fund in the Fish and Wildlife Conservation Commission.
  190         Section 4. Section 206.608, Florida Statutes, is amended to
  191  read:
  192         206.608 State Comprehensive Enhanced Transportation System
  193  Tax; deposit of proceeds; distribution.—Moneys received pursuant
  194  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
  195  Fuel Tax Collection Trust Fund, and, after deducting the service
  196  charge imposed in chapter 215 and administrative costs incurred
  197  by the department in collecting, administering, enforcing, and
  198  distributing the tax, which administrative costs may not exceed
  199  2 percent of collections, shall be distributed as follows:
  200         (1) 0.65 percent of the proceeds of the tax levied pursuant
  201  to s. 206.41(1)(f) shall be transferred to the Agricultural
  202  Emergency Eradication Trust Fund.
  203         (2) The remaining proceeds of the tax levied pursuant to s.
  204  206.41(1)(f) and all of the proceeds from the tax imposed by s.
  205  206.87(1)(d) shall be transferred into the State Transportation
  206  Trust Fund, and may be used only for projects in the adopted
  207  work program in the district in which the tax proceeds are
  208  collected and, to the maximum extent feasible, such moneys shall
  209  be programmed for use in the county where collected. However, no
  210  revenue from the taxes imposed pursuant to ss. 206.41(1)(f) and
  211  206.87(1)(d) in a county shall be expended unless the projects
  212  funded with such revenues have been included in the work program
  213  adopted pursuant to s. 339.135.
  214         Section 5. Subsection (6) of section 212.0501, Florida
  215  Statutes, is amended to read:
  216         212.0501 Tax on diesel fuel for business purposes;
  217  purchase, storage, and use.—
  218         (6) All taxes required to be paid on fuel used in self
  219  propelled off-road equipment shall be deposited in the Fuel Tax
  220  Collection Trust Fund, to be distributed, after deduction of the
  221  general revenue service charge pursuant to s. 215.20, to the
  222  State Transportation Trust Fund. The department shall, each
  223  month, make a transfer, from general revenue collections, equal
  224  to such use tax reported on dealers’ sales and use tax returns.
  225         Section 6. Paragraph (f) of subsection (7) of section
  226  316.545, Florida Statutes, is amended to read:
  227         316.545 Weight and load unlawful; special fuel and motor
  228  fuel tax enforcement; inspection; penalty; review.—
  229         (7) There is created within the Department of
  230  Transportation the Commercial Motor Vehicle Review Board,
  231  consisting of three permanent members who shall be the Secretary
  232  of Transportation, the executive director of the Department of
  233  Highway Safety and Motor Vehicles, and the Commissioner of
  234  Agriculture, or their authorized representatives, and four
  235  additional members appointed pursuant to paragraph (b), which
  236  may review any penalty imposed upon any vehicle or person under
  237  the provisions of this chapter relating to weights imposed on
  238  the highways by the axles and wheels of motor vehicles, to
  239  special fuel and motor fuel tax compliance, or to violations of
  240  safety regulations.
  241         (f) The review board may hold sessions and conduct
  242  proceedings at any place within the state. As an alternative to
  243  physical appearance, and in addition to any other method of
  244  appearance authorized by rule, the Department of Transportation
  245  shall allow provide space and video conference capability at
  246  each district office to enable a person requesting a hearing to
  247  appear remotely before the board via communications media
  248  technology as authorized by chapter 28-109, Florida
  249  Administrative Code, regardless of the physical location of the
  250  board proceeding.
  251         Section 7. Subsection (5) of section 319.32, Florida
  252  Statutes, is amended to read:
  253         319.32 Fees; service charges; disposition.—
  254         (5)(a) Forty-seven dollars of each fee collected, except
  255  for fees charged on a certificate of title for a motor vehicle
  256  for hire registered under s. 320.08(6), for each applicable
  257  original certificate of title and each applicable duplicate copy
  258  of a certificate of title, after deducting the service charges
  259  imposed by s. 215.20, shall be deposited into the State
  260  Transportation Trust Fund. Deposits to the State Transportation
  261  Trust Fund pursuant to this paragraph may not exceed $200
  262  million in any fiscal year, and any collections in excess of
  263  that amount during the fiscal year shall be paid into the
  264  General Revenue Fund.
  265         (b) All fees collected pursuant to subsection (3) shall be
  266  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  267  each fee, except for fees charged on a certificate of title for
  268  a motor vehicle for hire registered under s. 320.08(6), for each
  269  applicable original certificate of title and each applicable
  270  duplicate copy of a certificate of title, after deducting the
  271  service charges imposed by s. 215.20, shall be deposited into
  272  the State Transportation Trust Fund. All other fees collected by
  273  the department under this chapter shall be paid into the General
  274  Revenue Fund.
  275         Section 8. Section 333.15, Florida Statutes, is created to
  276  read:
  277         333.15Rulemaking authority.—The department shall adopt
  278  rules pursuant to ss. 120.536(1) and 120.54 to implement this
  279  chapter.
  280         Section 9. Subsections (1), (3), and (4) of section
  281  335.199, Florida Statutes, are amended to read:
  282         335.199 Transportation projects modifying access to
  283  adjacent property.—
  284         (1) Whenever the Department of Transportation proposes any
  285  project on the State Highway System which will divide a state
  286  highway, erect median barriers modifying currently available
  287  vehicle turning movements, or have the effect of closing or
  288  modifying an existing access to an abutting property owner, the
  289  department shall notify all affected property owners,
  290  municipalities, and counties at least 180 days before the design
  291  phase of the project is completed finalized. The department’s
  292  notice shall provide a written explanation regarding the need
  293  for the project and indicate that all affected parties will be
  294  given an opportunity to provide comments to the department
  295  regarding potential impacts of the change.
  296         (3) The department shall hold at least one public meeting
  297  before completing the design phase of the project hearing in the
  298  jurisdiction where the project is located and receive public
  299  input to determine how the project will affect access to
  300  businesses and the potential economic impact of the project on
  301  the local business community.
  302         (4) The department must review all comments from the public
  303  meeting hearing and take the comments and any alternatives
  304  presented by a local government under subsection (2) into
  305  consideration in the final design of the highway project.
  306         Section 10. Paragraph (c) of subsection (4) and paragraph
  307  (g) of subsection (7) of section 339.135, Florida Statutes, are
  308  amended to read:
  309         339.135 Work program; legislative budget request;
  310  definitions; preparation, adoption, execution, and amendment.—
  311         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  312         (c)1. For purposes of this section, the board of county
  313  commissioners shall serve as the metropolitan planning
  314  organization in those counties which are not located in a
  315  metropolitan planning organization and shall be involved in the
  316  development of the district work program to the same extent as a
  317  metropolitan planning organization.
  318         2. The district work program shall be developed
  319  cooperatively from the outset with the various metropolitan
  320  planning organizations of the state and include, to the maximum
  321  extent feasible, the project priorities of metropolitan planning
  322  organizations which have been submitted to the district by
  323  August 1 October 1 of each year pursuant to s. 339.175(8)(b);
  324  however, the department and a metropolitan planning organization
  325  may, in writing, cooperatively agree to vary this submittal
  326  date. To assist the metropolitan planning organizations in
  327  developing their lists of project priorities, the district shall
  328  disclose to each metropolitan planning organization any
  329  anticipated changes in the allocation or programming of state
  330  and federal funds which may affect the inclusion of metropolitan
  331  planning organization project priorities in the district work
  332  program.
  333         3. Before Prior to submittal of the district work program
  334  to the central office, the district shall provide the affected
  335  metropolitan planning organization with written justification
  336  for any project proposed to be rescheduled or deleted from the
  337  district work program which project is part of the metropolitan
  338  planning organization’s transportation improvement program and
  339  is contained in the last 4 years of the previous adopted work
  340  program. By no later than 14 days after submittal of the
  341  district work program to the central office, the affected
  342  metropolitan planning organization may file an objection to such
  343  rescheduling or deletion. When an objection is filed with the
  344  secretary, the rescheduling or deletion may not be included in
  345  the district work program unless the inclusion of such
  346  rescheduling or deletion is specifically approved by the
  347  secretary. The Florida Transportation Commission shall include
  348  such objections in its evaluation of the tentative work program
  349  only when the secretary has approved the rescheduling or
  350  deletion.
  351         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  352         (g)1. Any work program amendment which also requires the
  353  transfer of fixed capital outlay appropriations between
  354  categories within the department or the increase of an
  355  appropriation category is subject to the approval of the
  356  Legislative Budget Commission.
  357         2. If a meeting of the Legislative Budget Commission cannot
  358  be held within 30 days after the department submits an amendment
  359  to the Legislative Budget Commission, the chair and vice chair
  360  of the Legislative Budget Commission may authorize such
  361  amendment to be approved pursuant to s. 216.177. This
  362  subparagraph expires July 1, 2021.
  363         Section 11. Paragraph (b) of subsection (8) of section
  364  339.175, Florida Statutes, is amended to read:
  365         339.175 Metropolitan planning organization.—
  366         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  367  in cooperation with the state and affected public transportation
  368  operators, develop a transportation improvement program for the
  369  area within the jurisdiction of the M.P.O. In the development of
  370  the transportation improvement program, each M.P.O. must provide
  371  the public, affected public agencies, representatives of
  372  transportation agency employees, freight shippers, providers of
  373  freight transportation services, private providers of
  374  transportation, representatives of users of public transit, and
  375  other interested parties with a reasonable opportunity to
  376  comment on the proposed transportation improvement program.
  377         (b) Each M.P.O. annually shall prepare a list of project
  378  priorities and shall submit the list to the appropriate district
  379  of the department by August 1 October 1 of each year; however,
  380  the department and a metropolitan planning organization may, in
  381  writing, agree to vary this submittal date. Where more than one
  382  M.P.O. exists in an urbanized area, the M.P.O.’s shall
  383  coordinate in the development of regionally significant project
  384  priorities. The list of project priorities must be formally
  385  reviewed by the technical and citizens’ advisory committees, and
  386  approved by the M.P.O., before it is transmitted to the
  387  district. The approved list of project priorities must be used
  388  by the district in developing the district work program and must
  389  be used by the M.P.O. in developing its transportation
  390  improvement program. The annual list of project priorities must
  391  be based upon project selection criteria that, at a minimum,
  392  consider the following:
  393         1. The approved M.P.O. long-range transportation plan;
  394         2. The Strategic Intermodal System Plan developed under s.
  395  339.64.
  396         3. The priorities developed pursuant to s. 339.2819(4).
  397         4. The results of the transportation management systems;
  398  and
  399         5. The M.P.O.’s public-involvement procedures.
  400         Section 12. This act shall take effect July 1, 2021.

feedback