The Commission proposes the amendment to Rule 41-2.013 to delete language regarding establishment of a reserve and emergency fund because of legislative appropriations.

 

COMMISSION FOR THE TRANSPORTATION DISADVANTAGED

RULE NO.:RULE TITLE:
41-2.013Transportation Disadvantaged Trust Fund
PURPOSE AND EFFECT: The Commission proposes the amendment to Rule 41-2.013, F.A.C., to delete language regarding establishment of a reserve and emergency fund because of legislative appropriations.
SUMMARY: The rule amendment will delete language regarding establishment of a reserve and emergency fund because of legislative appropriations
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 427.013(9) FS.
LAW IMPLEMENTED: 427.012(8), 427.013, 427.0159, 427.016 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steve Holmes, Executive Director, 605 Suwannee Street, MS-49, Tallahassee, FL 32399-0405

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

41-2.013 Transportation Disadvantaged Trust Fund.

The Commission shall annually evaluate and determine each year’s distribution of the Transportation Disadvantaged Trust Fund. Funds available through the Transportation Disadvantaged Trust Fund for non-sponsored transportation services and planning activities shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. Monitoring of this mandate will be accomplished as needed by the Commission and all agencies funding transportation disadvantaged services. The use of minority-owned businesses is encouraged, utilizing the most recent certified companies published by the Department of Management Services. Funds deposited and appropriated into the Trust Fund will be utilized for:

(1) Commission administrative and operating expenses, including financial assistance, through a grant agreement, to designated official planning agencies to assist the Commission in implementing the program in each local area. The Commission shall request budget authority to establish a reserve fund to be used when estimated revenues are not collected and for an emergency fund to be used for transportation disadvantaged services in times of natural disasters, discontinuance of services or as otherwise directed by Florida Commission for the Transportation Disadvantaged “Emergency Fund” Directives, dated July 1997 incorporated herein by reference.

(2) No change.

Rulemaking Specific Authority 427.013(9) FS. Law Implemented 427.013, 427.0159, 427.016 FS. History–New 5-2-90, Amended 6-17-92, 1-5-93, 6-26-94, 7-11-95, 3-10-98,                  .

NAME OF PERSON ORIGINATING PROPOSED RULE: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2012