Bill Text: FL S1226 | 2024 | Regular Session | Comm Sub
Bill Title: Department of Transportation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced) 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 development Management and budget.;
145 12.11. Comptroller.;
146 13.12. Construction.;
147 14. Statewide corridors.
148 15.13. Maintenance.; and
149 16. Forecasting and performance.
150 17. Emergency management.
151 18. Safety.
152 19.14. Materials.
153 (d) The secretary shall appoint an inspector general
154 pursuant to s. 20.055 who shall be directly responsible to the
155 secretary 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 when to be considered in planning and developing the
172 state’s multimodal an integrated, balanced statewide
173 transportation system are: preserving Florida’s the existing
174 transportation infrastructure; supporting its enhancing
175 Florida’s economic competitiveness; promoting the efficient
176 movement of people and goods; and preserving Florida’s quality
177 of life improving 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 movement ensures the mobility of people
181 and goods, supports the state’s enhances economic
182 competitiveness, prioritizes Florida’s environment and natural
183 resources prosperity, and preserves the quality of life and
184 connectedness of the state’s our environment and communities.
185 (3) The department shall document in the Florida
186 Transportation Plan, in accordance with s. 339.155 and based
187 upon the prevailing principles outlined in this section shall be
188 incorporated into all of preserving the existing transportation
189 infrastructure, enhancing Florida’s economic competitiveness,
190 and improving travel choices to ensure mobility, the goals 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 investments Preservation.—Protecting the
197 state’s transportation infrastructure investment, which.
198 Preservation includes:
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 impacts consequences of 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 system Mobility.—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 10 3 years is shall be presumed 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 agreement effective July 1, 2019, through
291 no 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 program The amount of reimbursement to the local governmental
320 entity 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, and
513 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.
