SB 852 — Transportation Infrastructure

amending s.

343.58, F.S.;

conforming a provision to changes made by the act;

providing effective dates.

90 Be It Enacted by the Legislature of the State of Florida:

92 Section 1. Section 316.0899, Florida Statutes, is created to read:

2. A2. An metropolitanindependent planningspecial organizationdistrict with powers that include or are related to infrastructure development or transportation planningsystems organization.and services.

3. A metropolitan planning organization or transportation planning organization.

3. A4. A state university.

(a) A statement by the applicant certifying that the project will be implemented and operational within 25 years after receipt of the grant.

(b) A plan for fulfilling documentation requirements under the department’s Statewide Systems Engineering Management Plan within such 2-year5-year period.

An additional minimum of 10 percent of project costs must be funded by the private sector.

1. The department shall give further priority to those proposals that include larger amounts of matching funds from private-sector partner organizations;

Section 2. For the 2018-2019 fiscal year, the sum of $15 million in nonrecurring funds is appropriated from the State Transportation Trust Fund to the Department of Transportation for the purpose of implementing thiss. act.

Section316.0899, 3. ThisFlorida actStatutes. shall take effect July 1, 2018.

Section 3. Florida Transportation Commission review;

electric and hybrid vehicles report.— (1)(a) The Florida Transportation Commission shall review all sources of revenue for transportation infrastructure and maintenance projects and prepare a report to the Governor and the Legislature when the commission determines that electric vehicles, as defined in s.

320.01(36), Florida Statutes, and hybrid vehicles, as defined in s.

316.0741, Florida Statutes, make up 2 percent or more of the total number of vehicles registered in this state.

(b) The commission, in consultation with the Department of Highway Safety and Motor Vehicles, may use commercially available data that the commission deems reliable to support its determination and report.

The report must, at a minimum, assess the effect of projected electric and hybrid vehicle use in this state on future revenue from existing taxes, fees, and surcharges related to nonelectric, private-use motorcycles, mopeds, automobiles, tri-vehicles, and trucks.

(c) The commission, in consultation with the Division of Emergency Management, shall also make an assessment of transportation infrastructure with respect to emergency evacuations and electric vehicles, including, but not limited to, the availability of electric vehicle charging stations in this state.

(2) The report must include recommendations to the Legislature:

(a) To ensure continued funding for necessary maintenance that provides for adequate levels of service on existing transportation infrastructure;

(b) To accomplish improvements and capacity projects on transportation infrastructure which meet the demand from projected population and economic growth;

and (c) To accomplish necessary improvements to transportation infrastructure that would support emergency evacuations by users of electric vehicles.

(3) The report shall be submitted to the Governor and the Legislature no later than September 1 of the year immediately after the year in which the commission determines that electric vehicles, as defined in s.

320.01(36), Florida Statutes, and hybrid vehicles, as defined in s.

316.0741, Florida Statutes, make up 2 percent or more of the total number of vehicles registered in this state.

(4) Notwithstanding any other provisions of this section, the commission may undertake and complete the review and report before the 2-percent threshold is reached if the commission finds that earlier completion is appropriate to maintain a financially stable, long-term transportation work program.

Section 4. Paragraph (c) of subsection (7) of section 339.175, Florida Statutes, is amended to read:

339.175 Metropolitan planning organization.— (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O.

must develop a long-range transportation plan that addresses at least a 20-year planning horizon.

The plan must include both long range and short-range strategies and must comply with all other state and federal requirements.

The prevailing principles to be considered in the long-range transportation plan are:

preserving the existing transportation infrastructure;

enhancing Florida’s economic competitiveness;

and improving travel choices to ensure mobility.

The long-range transportation plan must be consistent, to the maximum extent feasible, with future land use elements and the goals, objectives, and policies of the approved local government comprehensive plans of the units of local government located within the jurisdiction of the M.P.O.

Each M.P.O.

is encouraged to consider strategies that integrate transportation and land use planning to provide for sustainable development and reduce greenhouse gas emissions.

The approved long-range transportation plan must be considered by local governments in the development of the transportation elements in local government comprehensive plans and any amendments thereto.

The long-range transportation plan must, at a minimum:

(c) Assess capital investment and other measures necessary to:

1. Ensure the preservation of the existing metropolitan transportation system including requirements for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;

and 2. Make the most efficient use of existing transportation facilities to relieve vehicular congestion, improve safety, and maximize the mobility of people and goods.

Such efforts must include, but are not limited to, consideration of infrastructure and technological improvements necessary to accommodate advances in vehicle technology, such as the increased use of autonomous technology and electric vehicles, and other developments.

330 In the development of its long-range transportation plan, each M.P.O.

must provide the public, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the long-range transportation plan.

The long-range transportation plan must be approved by the M.P.O.

Section 5. Paragraph (a) of subsection (4) of section 201.15, Florida Statutes, is amended, and paragraph (b) of that subsection is republished, to read:

201.15 Distribution of taxes collected.—All taxes collected under this chapter are hereby pledged and shall be first made available to make payments when due on bonds issued pursuant to s.

215.618 or s.

215.619, or any other bonds authorized to be issued on a parity basis with such bonds.

Such pledge and availability for the payment of these bonds shall have priority over any requirement for the payment of service charges or costs of collection and enforcement under this section.

All taxes collected under this chapter, except taxes distributed to the Land Acquisition Trust Fund pursuant to subsections (1) and (2), are subject to the service charge imposed in s.

215.20(1).

Before distribution pursuant to this section, the Department of Revenue shall deduct amounts necessary to pay the costs of the collection and enforcement of the tax levied by this chapter.

The costs and service charge may not be levied against any portion of taxes pledged to debt service on bonds to the extent that the costs and service charge are required to pay any amounts relating to the bonds.

All of the costs of the collection and enforcement of the tax levied by this chapter and the service charge shall be available and transferred to the extent necessary to pay debt service and any other amounts payable with respect to bonds authorized before January 1, 2017, secured by revenues distributed pursuant to this section.

All taxes remaining after deduction of costs shall be distributed as follows:

(4) After the required distributions to the Land Acquisition Trust Fund pursuant to subsections (1) and (2) and deduction of the service charge imposed pursuant to s.

215.20(1), the remainder shall be distributed as follows:

(a) The lesser of 24.18442 percent of the remainder or $541.75 million in each fiscal year shall be paid into the State Treasury to the credit of the State Transportation Trust Fund.

Of such funds, $75 million for each fiscal year shall be transferred to the General Revenue Fund.

Notwithstanding any other law, the remaining amount credited to the State Transportation Trust Fund shall be used for:

1. Capital funding for the New Starts Transit Program, authorized by Title 49, U.S.C.

s.

5309 and specified in s.

341.051, in the amount of 10 percent of the funds;

2. The Small County Outreach Program specified in s.

339.2818, in the amount of 10 percent of the funds;

3. The Strategic Intermodal System specified in ss.

339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent of the funds after deduction of the payments required pursuant to subparagraphs 1.

and 2.;

and 4.a. The Transportation Regional Incentive Program specified in s.

339.2819, in the amount of 25 percent of the funds after deduction of the payments required pursuant to subparagraphs 1.

and 2.

b. In fiscal years 2018-2019, 2019-2020, and 2020-2021, the first $60 million of the funds allocated pursuant to this subparagraph must shall be allocated annually to the Florida Rail Enterprise for the purposes established in s.

341.303(5).

This sub-subparagraph expires July 1, 2021.

c. Beginning in the 2021-2022 fiscal year, the first $60 million of the funds allocated pursuant to this subparagraph must be allocated annually as follows:

(I) Twenty-five million dollars on a matching basis to the Tampa Bay Area Regional Transit Authority for the design and construction of an innovative mobility system, as defined in s.

339.84.

One dollar in local or private matching funds must be provided for each dollar distributed under this sub-sub subparagraph.

Federal funds may not be substituted for the local or private matching funds.

In any fiscal year in which the Tampa Bay Area Regional Transit Authority notifies the Department of Transportation that the authority will not request all of the funds allocated under this sub-sub-subparagraph for an innovative mobility system, the Department of Transportation shall allocate such funds to projects in the 5-year work program under s.

339.135 in the area described in s.

343.91(1)(a) and such funds shall be in addition to currently scheduled work program commitments in that area.

(II) Thirty-five million dollars to the Statewide Mobility Innovation Program for the purposes established in s.

339.84.

(b) The lesser of 0.1456 percent of the remainder or $3.25 million in each fiscal year shall be paid into the State Treasury to the credit of the Grants and Donations Trust Fund in the Department of Economic Opportunity to fund technical assistance to local governments.

422 Moneys distributed pursuant to paragraphs (a) and (b) may not be pledged for debt service unless such pledge is approved by referendum of the voters.

Section 6. Section 339.84, Florida Statutes, is created to read:

339.84 Statewide Mobility Innovation Program.— (1) As used in this section the term “innovative mobility system” means a system of infrastructure, appurtenances, and technology designed to move the greatest number of people in the least amount of time.

The term includes, but is not limited to, autonomous vehicles as defined in s.

316.003, automated people movers, bus rapid transit networks, transportation network companies as defined in s.

627.748, ridesharing as defined in s.

341.031(9)(a), and commuter highway vehicles as defined in 49 U.S.C.

s.

5323(i)(2)(C)(ii).

The term does not include other traditional uses of a roadway system for conveyance.

(2) The Statewide Mobility Innovation Program is created within the department.

The goals of the program include, but are not limited to:

(a) Evaluating, financing, and overseeing proposals for innovative mobility systems in this state.

(b) Expending funds to publicize and promote innovative mobility systems and to contract with entities to accomplish these purposes.

(c) Soliciting proposals in accordance with chapter 287 for the design and construction of innovative mobility systems and contracting with entities to expend funds to accomplish this purpose.

(3) Beginning in the 2021-2022 fiscal year, the department shall use funds allocated pursuant to s.

201.15(4)(a)4.c.(II) in a county to fund the design and construction of an innovative mobility system based on a proposal that the county submits to the department which the department approves as being consistent with the requirements of this section.

(4) Of the $35 million allocated under s.

201.15(4)(a)4.c.(II), the department must use:

(a) Twenty-five million dollars for an innovative mobility system in a county as defined in s.

125.011(1) and $5 million for an alternative transportation system within the jurisdiction of the Jacksonville Transportation Authority.

In any fiscal year in which a county as defined in s.

125.011(1) notifies the department that the county will not request all of the funds allocated under this paragraph for an innovative mobility system, the department shall allocate such funds to projects in the 5-year work program under s.

339.135 in the county and such funds shall be in addition to currently scheduled work program commitments in that area.

(b) The remainder for such a system in any other county or counties in the state.

(5) A county proposing the use of funds for an innovative mobility system must submit a request to the department which must include a detailed project and financial plan.

The funding request must specify the duration of the project and the total amount sought by state fiscal year.

Two or more counties may submit a joint proposal to the department.

(6) One dollar in local or private matching funds must be provided for each dollar distributed under this section.

Federal funds may not be substituted for the local or private matching funds.

(7) Funds distributed under this section may not be used to subsidize projects with existing funding commitments as of July 1, 2018.

(8) Each recipient of funds under this program must submit a quarterly report to the department regarding the development, implementation, and operation of the project.

The department must submit an annual report by September 1 to the President of the Senate and the Speaker of the House of Representatives regarding the overall status of the program.

Section 7. Subsection (5) of section 341.303, Florida Statutes, is amended to read:

341.303 Funding authorization and appropriations;

eligibility and participation.— (5) FUND PARTICIPATION;

FLORIDA RAIL ENTERPRISE.—The department, through the Florida Rail Enterprise, is authorized to use funds provided pursuant to s.

201.15(4)(a)4.

to fund:

(a) Up to 50 percent of the nonfederal share of the costs of any eligible passenger rail capital improvement project.

(b) Up to 100 percent of planning and development costs related to the provision of a passenger rail system, including, but not limited to, preliminary engineering, revenue studies, environmental impact studies, financial advisory services, engineering design, and other appropriate professional services.

(c) The high-speed rail system.

(d) Projects necessary to identify or address anticipated impacts of increased freight rail traffic resulting from the implementation of passenger rail systems as provided in s.

341.302(3)(b).

510 After June 30, 2018, the department may not program any projects to be funded pursuant to this subsection for any year of the work program if the project was not in the 5-year work program adopted for the 2017-2018 fiscal year.

Section 8. Effective July 1, 2021, subsection (5) of section 341.303, Florida Statutes, is repealed.

Section 9. Effective July 1, 2021, paragraph (b) of subsection (4) of section 343.58, Florida Statutes, is amended to read:

343.58 County funding for the South Florida Regional Transportation Authority.— (4) Notwithstanding any other provision of law to the contrary and effective July 1, 2010, until as provided in paragraph (d), the department shall transfer annually from the State Transportation Trust Fund to the South Florida Regional Transportation Authority the amounts specified in subparagraph (a)1.

or subparagraph (a)2.

(b) Funding required by this subsection may not be provided from the funds dedicated to the Florida Rail Enterprise or the Statewide Mobility Innovation Program pursuant to s.

201.15(4)(a)4.

Section 10. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2018.