Bill Text: FL S1226 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
       Florida Senate - 2024                                    SB 1226
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01529B-24                                          20241226__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 20.23, F.S.; deleting the requirement that
    4         the secretary of the department appoint the
    5         department’s inspector general; amending s. 334.044,
    6         F.S.; limiting the percentage of the total contract
    7         amount which may be allocated for the purchase of
    8         plant materials based on the monetary size of the
    9         contract; amending s. 338.231, F.S.; extending the
   10         length of time before which an inactive prepaid toll
   11         account becomes unclaimed property; amending s.
   12         341.051, F.S.; requiring each public transit provider
   13         to certify that its actual administrative costs are no
   14         greater than a certain amount; requiring the
   15         department to annually calculate the average of
   16         administrative costs for public transit providers in
   17         this state; specifying what may be counted as
   18         administrative costs; providing a legislative finding;
   19         requiring the department to preserve a rail corridor
   20         within the right of way of Interstate 4 between
   21         Orlando and Tampa for a specified purpose; providing
   22         specifications for the corridor; requiring the use of
   23         advanced multimodal planning along the Interstate 4
   24         corridor to minimize future disruption and optimize
   25         the cost of infrastructure within the corridor;
   26         requiring that future infrastructure improvements
   27         include certain projects; requiring the department to
   28         monitor and record the incremental costs of such
   29         projects; authorizing the department to recover such
   30         costs in any future lease agreement of the rail
   31         corridor; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (d) of subsection (3) of section
   36  20.23, Florida Statutes, is amended to read:
   37         20.23 Department of Transportation.—There is created a
   38  Department of Transportation which shall be a decentralized
   39  agency.
   40         (3)
   41         (d) The secretary shall appoint an inspector general
   42  pursuant to s. 20.055 who shall be directly responsible to the
   43  secretary and shall serve at the pleasure of the secretary.
   44         Section 2. Subsection (26) of section 334.044, Florida
   45  Statutes, is amended to read:
   46         334.044 Powers and duties of the department.—The department
   47  shall have the following general powers and duties:
   48         (26) To provide for the enhancement of environmental
   49  benefits, including air and water quality; to prevent roadside
   50  erosion; to conserve the natural roadside growth and scenery;
   51  and to provide for the implementation and maintenance of
   52  roadside conservation, enhancement, and stabilization programs.
   53  Of the total amount appropriated for a contracted construction
   54  project, the percentage allocated for the purchase of plant
   55  materials is as follows:
   56         (a)For projects with a contracted amount of $50 million or
   57  less, 1.50 percent.
   58         (b)For projects with a contracted amount of $50,000,001 to
   59  $100 million, 1.00 percent.
   60         (c)For projects with a contracted amount of $100,000,001
   61  to $250 million, 0.75 percent.
   62         (d)For projects with a contracted amount of $250,000,001
   63  to $500 million, 0.50 percent.
   64         (e)For projects with a contracted amount of $500,000,001
   65  or more, 0.25 percent.
   66  
   67  At least 1.5 percent of the amount contracted for construction
   68  projects shall be allocated by the department on a statewide
   69  basis for the purchase of plant materials. Department districts
   70  may not expend funds for landscaping in connection with any
   71  project that is limited to resurfacing existing lanes unless the
   72  expenditure has been approved by the department’s secretary or
   73  the secretary’s designee. To the greatest extent practical, at
   74  least 50 percent of the funds allocated under this subsection
   75  shall be allocated for large plant materials and the remaining
   76  funds for other plant materials. Except as prohibited by
   77  applicable federal law or regulation, all plant materials shall
   78  be purchased from Florida commercial nursery stock in this state
   79  on a uniform competitive bid basis. The department shall develop
   80  grades and standards for landscaping materials purchased through
   81  this process. To accomplish these activities, the department may
   82  contract with nonprofit organizations having the primary purpose
   83  of developing youth employment opportunities.
   84         Section 3. Paragraph (c) of subsection (3) of section
   85  338.231, Florida Statutes, is amended to read:
   86         338.231 Turnpike tolls, fixing; pledge of tolls and other
   87  revenues.—The department shall at all times fix, adjust, charge,
   88  and collect such tolls and amounts for the use of the turnpike
   89  system as are required in order to provide a fund sufficient
   90  with other revenues of the turnpike system to pay the cost of
   91  maintaining, improving, repairing, and operating such turnpike
   92  system; to pay the principal of and interest on all bonds issued
   93  to finance or refinance any portion of the turnpike system as
   94  the same become due and payable; and to create reserves for all
   95  such purposes.
   96         (3)
   97         (c) Notwithstanding any other provision of law to the
   98  contrary, any prepaid toll account of any kind which has
   99  remained inactive for 10 3 years is shall be presumed unclaimed
  100  and its disposition shall be handled by the Department of
  101  Financial Services in accordance with all applicable provisions
  102  of chapter 717 relating to the disposition of unclaimed
  103  property, and the prepaid toll account shall be closed by the
  104  department.
  105         Section 4. Present subsection (7) of section 341.051,
  106  Florida Statutes, is redesignated as subsection (8), and a new
  107  subsection (7) is added to that section, to read:
  108         341.051 Administration and financing of public transit and
  109  intercity bus service programs and projects.—
  110         (7) ADMINISTRATIVE COSTS.—
  111         (a)Each public transit provider, as defined in s.
  112  341.031(1), must certify to the department annually that its
  113  actual administrative costs are no greater than 10 percent above
  114  the annual statewide average for administrative costs.
  115         (b) To support compliance with this subsection, the
  116  department must annually calculate the average of administrative
  117  costs for public transit providers in this state. For purposes
  118  of this subsection, administrative costs include, but are not
  119  limited to:
  120         1. Employee salaries and benefits;
  121         2.Small business outreach;
  122         3.Insurance; and
  123         4. Professional service contracts.
  124  
  125  For purposes of paragraph (b), administrative costs may also
  126  include any overhead cost not directly related to the operation
  127  and maintenance of the public transit system.
  128  
  129  For purposes of this section, the term “net operating costs”
  130  means all operating costs of a project less any federal funds,
  131  fares, or other sources of income to the project.
  132         Section 5. (1)The Legislature finds that it is in the
  133  strategic interest of the state and the traveling public to
  134  extend to Tampa the existing passenger rail service currently
  135  terminating in Orlando. To facilitate this extension, the
  136  Department of Transportation shall preserve a 44 foot wide rail
  137  corridor within the right-of-way of Interstate 4 between Orlando
  138  and Tampa and provide for a minimum vertical clearance for
  139  bridges and overpasses therein.
  140         (2) The Department of Transportation shall use advanced
  141  multimodal planning along and within the Interstate 4 corridor
  142  to minimize future disruption while optimizing the cost of
  143  infrastructure therein. To that end, future infrastructure
  144  improvements made along the Interstate 4 corridor should, to the
  145  greatest extent feasible, include grading of the median within
  146  the proposed rail envelope and placement of necessary drainage
  147  structures; providing adequate bridge column spacing and
  148  vertical clearances; and providing a physical barrier separating
  149  the rail envelope from travel lanes. The Department of
  150  Transportation shall monitor and record the incremental costs of
  151  such improvements and is authorized to recover such incremental
  152  costs in any future lease agreement of the rail corridor.
  153         Section 6. This act shall take effect July 1, 2024.

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