Bill Text: FL S1126 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-06 - Chapter No. 2021-186, companion bill(s) passed, see CS/SB 100 (Ch. 2021-161), SB 2502 (Ch. 2021-37) [S1126 Detail]
Download: Florida-2021-S1126-Introduced.html
Bill Title: Department of Transportation
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-06 - Chapter No. 2021-186, companion bill(s) passed, see CS/SB 100 (Ch. 2021-161), SB 2502 (Ch. 2021-37) [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 otherprovisions oflaw, 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 mayshallnot exceed an amount necessary 126 to provide the required debt service coverage levels for a 127 maximum debt service not to exceed $350$275million. 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 deductingthe service charges imposed137by 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 lessfewer. 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 deductingthe service196charge imposed in chapter 215 andadministrative 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 the221general 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 of244appearance authorized by rule,the Department of Transportation 245 shall allowprovide space and video conference capability at246each district office to enablea 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 charges259imposed 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 the271service 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: 277 333.15 Rulemaking 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 completedfinalized. 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 projecthearingin 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 meetinghearingand 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 1October 1of 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. BeforePrior tosubmittal 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.This362subparagraph 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 1October 1of 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.