July 11, 2020
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_h5503__
HB 5503

1
A bill to be entitled
2An act relating to transportation revenue; amending s.
3215.211, F.S.; removing provisions that eliminate
4imposition of a specified service charge on specified
5income of a revenue nature; reenacting s. 215.20(1), F.S.,
6relating to a service charge appropriated from income of a
7revenue nature deposited in trust funds to provide for
8imposition of the service charge pursuant to changes made
9by the act to s. 215.211, F.S.; amending s. 320.072, F.S.;
10revising the disposition of proceeds collected on the
11initial application for registration of specified motor
12vehicles; providing for deduction of the service charge
13prior to distribution; amending s. 339.135, F.S.;
14providing for effect of revised funding levels on
15department projects; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 215.211, Florida Statutes, is amended
20to read:
21     215.211  Service charge; elimination or reduction for
22specified proceeds.-
23     (1)  Notwithstanding the provisions of s. 215.20(1) and
24(3), the service charge provided in s. 215.20(1) and (3), which
25is deducted from the proceeds of the taxes distributed under ss.
26206.606(1), 207.026, 212.0501(6), and 319.32(5), shall be
27eliminated beginning July 1, 2000.
28     (2)  Notwithstanding the provisions of s. 215.20(1) and
29(3), the service charge provided in s. 215.20(1) and (3), which
30is deducted from the proceeds of the taxes distributed under ss.
31206.608 and 320.072(4), shall be eliminated beginning July 1,
322001.
33     (1)(3)  Notwithstanding the provisions of s. 215.20(1), the
34service charge provided in s. 215.20(1) may not be deducted from
35the proceeds of the local option fuel tax distributed under s.
36336.025(1)(a).
37     (2)(4)  From the revenues derived from s. 336.025(1)(a), an
38amount equal to 7 percent of those revenues shall be deposited
39in the State Transportation Trust Fund and used to fund the
40County Incentive Grant Program and the Small County Outreach
41Program. Up to 20 percent of such funds shall be used for the
42purpose of implementing the Small County Outreach Program as
43provided in this act. Notwithstanding any other laws to the
44contrary, the requirements of ss. 339.135, 339.155, and 339.175
45shall not apply to these funds and programs.
46     Section 2.  For the purpose of incorporating the amendment
47made by this act to section 215.211, Florida Statutes,
48subsection (1) of section 215.20, Florida Statutes, is reenacted
49to read:
50     215.20  Certain income and certain trust funds to
51contribute to the General Revenue Fund.-
52     (1)  A service charge of 8 percent, representing the
53estimated pro rata share of the cost of general government paid
54from the General Revenue Fund, is hereby appropriated from all
55income of a revenue nature deposited in all trust funds except
56those enumerated in s. 215.22. Income of a revenue nature shall
57include all earnings received or credited by such trust funds,
58including the interest or benefit received from the investment
59of the principal of such trust funds as may be permitted by law.
60This provision shall be construed in favor of the General
61Revenue Fund in each instance. All such appropriations shall be
62deposited in the General Revenue Fund.
63     Section 3.  Subsection (4) of section 320.072, Florida
64Statutes, is amended to read:
65     320.072  Additional fee imposed on certain motor vehicle
66registration transactions.-
67     (4)  A tax collector or other authorized agent of the
68department shall promptly remit 44.5 percent of all moneys
69collected pursuant to this section, less any refunds granted
70pursuant to subsection (3), to the department. After deducting
71the service charge imposed pursuant to s. 215.20, the department
72shall deposit 34.5 percent of the remaining funds to be
73deposited into the State Transportation Trust Fund and 10
74percent into the Highway Safety Operating Trust Fund. The
75remaining 55.5 percent shall be deposited into the General
76Revenue Fund.
77     Section 4.  Paragraph (a) of subsection (4) of section
78339.135, Florida Statutes, as amended by chapter 2009-271, Laws
79of Florida, is amended to read:
80     339.135  Work program; legislative budget request;
81definitions; preparation, adoption, execution, and amendment.-
82     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-
83     (a)1.  To assure that no district or county is penalized
84for local efforts to improve the State Highway System, the
85department shall, for the purpose of developing a tentative work
86program, allocate funds for new construction to the districts,
87except for the turnpike enterprise, based on equal parts of
88population and motor fuel tax collections. Funds for
89resurfacing, bridge repair and rehabilitation, bridge fender
90system construction or repair, public transit projects except
91public transit block grants as provided in s. 341.052, and other
92programs with quantitative needs assessments shall be allocated
93based on the results of these assessments. The department may
94not transfer any funds allocated to a district under this
95paragraph to any other district except as provided in subsection
96(7). Funds for public transit block grants shall be allocated to
97the districts pursuant to s. 341.052. Funds for the intercity
98bus program provided for under s. 5311(f) of the federal
99nonurbanized area formula program shall be administered and
100allocated directly to eligible bus carriers as defined in s.
101341.031(12) at the state level rather than the district. In
102order to provide state funding to support the intercity bus
103program provided for under provisions of the federal 5311(f)
104program, the department shall allocate an amount equal to the
105federal share of the 5311(f) program from amounts calculated
106pursuant to s. 206.46(3).
107     2.  Notwithstanding the provisions of subparagraph 1., the
108department shall allocate at least 50 percent of any new
109discretionary highway capacity funds to the Florida Strategic
110Intermodal System created pursuant to s. 339.61. Any remaining
111new discretionary highway capacity funds shall be allocated to
112the districts for new construction as provided in subparagraph
1131. For the purposes of this subparagraph, the term "new
114discretionary highway capacity funds" means any funds available
115to the department above the prior year funding level for
116capacity improvements, which the department has the discretion
117to allocate to highway projects.
118     3.  Notwithstanding subparagraphs subparagraph 1. and 2.
119and ss. 201.15(1)(c)1.a.-d., 206.46(3), 206.608(2), 215.211(2),
120334.044(26), and 339.2819(3), and for the 2009-2010 fiscal years
1212010-2011 through 2014-2015 year only, the department shall
122reduce work program levels to balance the finance plan to the
123revised funding levels resulting from any reduction in the 2010-
1242011 2009-2010 General Appropriations Act and the reinstatement
125of the service charge under s. 215.20(1) which is deducted from
126the proceeds of the taxes distributed under ss. 206.606(1),
127206.608, 207.026, 212.0501(6), 319.32(5), and 320.072(4). This
128subparagraph does not apply to funds provided to the Florida
129Rail Enterprise in fiscal year 2014-2015 for the purposes
130established in s. 341.303(5) expires July 1, 2010.
131     4.  For the 2009-2010 fiscal years 2010-2011 through 2014-
1322015 year only, prior to any project or phase thereof being
133deferred, the department's cash balances shall be as provided in
134paragraph (6)(b), and the reductions in subparagraph 3. shall be
135made to financial projects not programmed for contract letting
136as identified with a work program contract class code 8 and the
137box code RV. These reductions shall not negatively impact
138safety, or maintenance, financial projects for the purchase of
139the Central Florida Commuter Rail Corridor, financial projects
140for the Florida Rail Enterprise, or project contingency
141percentage levels as of July 1 April 21, 2009. This subparagraph
142expires July 1, 2010.
143     5.  Notwithstanding subparagraphs 1. and 2. and ss.
144206.46(3) and 334.044(26), and for fiscal years 2009-2010
145through 2013-2014 only, the department shall annually allocate
146up to $15 million of the first proceeds of the increased
147revenues estimated by the November 2009 Revenue Estimating
148Conference to be deposited into the State Transportation Trust
149Fund to provide for the portion of the transfer of funds
150included in s. 343.58(4)(a)1.a. or 2.a., whichever is
151applicable. The transfer of funds included in s. 343.58(4) shall
152not negatively impact projects included in fiscal years 2009-
1532010 through 2013-2014 of the work program as of July 1, 2009,
154as amended pursuant to subsection (7). This subparagraph expires
155July 1, 2014.
156     Section 5.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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