Florida Senate - 2012                      CS for CS for SB 1168
       
       
       
       By the Committees on Commerce and Tourism; and Transportation;
       and Senator Ring
       
       
       
       577-03527-12                                          20121168c2
    1                        A bill to be entitled                      
    2         An act relating to freight mobility development;
    3         requesting the Division of Statutory Revision to
    4         redesignate the title of ch. 311, F.S.; amending s.
    5         311.07, F.S.; redesignating the ports to be benefitted
    6         by the Florida Seaport Transportation and Economic
    7         Development Program; increasing the minimum amount of
    8         annual funding from the State Transportation Trust
    9         Fund to the Florida Seaport Transportation and
   10         Economic Development Program; requiring the Florida
   11         Seaport Transportation and Economic Development
   12         Council to develop guidelines for project funding;
   13         providing for the allocation of funds to projects and
   14         placement of projects in the tentative work program;
   15         authorizing program funds to be used for data
   16         collection and analysis; correcting a cross-reference;
   17         deleting a requirement that intermodal access projects
   18         eligible for funding under the program be identified
   19         in the 5-year Florida Seaport Mission Plan;
   20         authorizing program funds to be used for updates to a
   21         seaport master plan or strategic development plan;
   22         deleting limits on the maximum amount of matching
   23         funds that a port may receive under the program;
   24         making audits of a project receiving funds under the
   25         program subject to the discretion of the Department of
   26         Transportation; amending s. 311.09, F.S.; revising the
   27         criteria that the Florida Seaport Transportation and
   28         Economic Development Council must use in evaluating
   29         certain proposed projects for funding; deleting
   30         responsibilities of the Department of Community
   31         Affairs with respect to projects approved by the
   32         council; requiring the Department of Transportation to
   33         review the applications for projects approved by the
   34         council for consistency with the Statewide Seaport and
   35         Waterways System Plan; requiring the Department of
   36         Transportation to assess the transportation impacts
   37         and economic benefits of projects approved by the
   38         council; requiring the Department of Economic
   39         Opportunity to review projects approved by the council
   40         for consistency with state economic development goals
   41         and policies and with state, regional, and local
   42         plans; conforming cross-references; requiring the
   43         Department of Transportation to request a specified
   44         minimum amount of funding for the Florida Seaport
   45         Transportation and Economic Development Program in its
   46         annual budget request; requiring the Department of
   47         Transportation to include projects approved under the
   48         program to be included in the tentative work program;
   49         creating s. 311.10, F.S.; creating the Strategic Port
   50         Investment Initiative; requiring a specified minimum
   51         amount of annual funding from the State Transportation
   52         Trust Fund to the initiative; requiring the Department
   53         of Transportation to create a prioritized list of
   54         strategic investment projects; specifying criteria for
   55         placing a proposed project on the list; requiring the
   56         Department of Transportation to include projects on
   57         the list of strategic investment projects in the
   58         tentative work program; amending s. 311.14, F.S.;
   59         requiring the Department of Transportation to develop
   60         a Statewide Seaport and Waterways System Plan;
   61         specifying the contents of the plan; deleting
   62         requirements for the creation of freight-mobility and
   63         trade-corridor plans; amending ss. 311.22 and 320.20,
   64         F.S.; conforming cross-references to changes made by
   65         the act; amending s. 339.63, F.S.; establishing
   66         procedures for designating a facility as part of the
   67         Strategic Intermodal System; providing for a waiver of
   68         transportation concurrency for such a facility;
   69         providing an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. The Division of Statutory Revision is requested
   74  to redesignate the title of chapter 311, Florida Statutes, as
   75  “Seaport Programs and Facilities.”
   76         Section 2. Section 311.07, Florida Statutes, is amended to
   77  read:
   78         311.07 Florida seaport transportation and economic
   79  development funding.—
   80         (1) There is created the Florida Seaport Transportation and
   81  Economic Development Program within the Department of
   82  Transportation to finance port transportation or port facilities
   83  projects that will improve the movement and intermodal
   84  transportation of cargo or passengers in commerce and trade and
   85  that will support the interests, purposes, and requirements of
   86  all ports listed in s. 311.09 located in this state.
   87         (2) A minimum of $15 $8 million per year shall be made
   88  available from the State Transportation Trust Fund to fund the
   89  Florida Seaport Transportation and Economic Development Program.
   90  The Florida Seaport Transportation and Economic Development
   91  Council created in s. 311.09 shall develop guidelines for
   92  project funding. Council staff, the Department of
   93  Transportation, and the Department of Economic Opportunity shall
   94  work in cooperation to review projects and allocate funds in
   95  accordance with the schedule required for the Department of
   96  Transportation to include these projects in the tentative work
   97  program developed pursuant to s. 339.135(4).
   98         (3)(a) Program Funds of the Florida Seaport Transportation
   99  and Economic Development Program shall be used to fund approved
  100  projects on a 50-50 matching basis with any of the deepwater
  101  ports, as listed in s. 311.09, as listed in s. 403.021(9)(b),
  102  which is governed by a public body or any other deepwater port
  103  that which is governed by a public body and that which complies
  104  with the water quality provisions of s. 403.061, the
  105  comprehensive master plan requirements of s. 163.3178(2)(k), and
  106  the local financial management and reporting provisions of part
  107  III of chapter 218. However, program funds used to fund projects
  108  that involve the rehabilitation of wharves, docks, berths,
  109  bulkheads, or similar structures shall require a 25-percent
  110  match of funds. Program funds also may be used by the Seaport
  111  Transportation and Economic Development Council for data
  112  collection and analysis that to develop trade data information
  113  products which will assist Florida’s seaports and international
  114  trade.
  115         (b) Projects eligible for funding by grants under the
  116  program are limited to the following port facilities or port
  117  transportation projects:
  118         1. Transportation facilities within the jurisdiction of the
  119  port.
  120         2. The dredging or deepening of channels, turning basins,
  121  or harbors.
  122         3. The construction or rehabilitation of wharves, docks,
  123  structures, jetties, piers, storage facilities, cruise
  124  terminals, automated people mover systems, or any facilities
  125  necessary or useful in connection with any of the foregoing.
  126         4. The acquisition of vessel tracking systems, container
  127  cranes, or other mechanized equipment used in the movement of
  128  cargo or passengers in international commerce.
  129         5. The acquisition of land to be used for port purposes.
  130         6. The acquisition, improvement, enlargement, or extension
  131  of existing port facilities.
  132         7. Environmental protection projects that which are
  133  necessary because of requirements imposed by a state agency as a
  134  condition of a permit or other form of state approval; that
  135  which are necessary for environmental mitigation required as a
  136  condition of a state, federal, or local environmental permit;
  137  that which are necessary for the acquisition of spoil disposal
  138  sites and improvements to existing and future spoil sites; or
  139  that which result from the funding of eligible projects listed
  140  in this paragraph.
  141         8. A transportation facility facilities as defined in s.
  142  334.03(31) which is are not otherwise part of the Department of
  143  Transportation’s adopted work program.
  144         9. Seaport Intermodal access projects identified in the 5
  145  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  146         10. Construction or rehabilitation of port facilities as
  147  defined in s. 315.02, excluding any park or recreational
  148  facilities, in ports listed in s. 311.09(1) with operating
  149  revenues of $5 million or less, if provided that such projects
  150  create economic development opportunities, capital improvements,
  151  and positive financial returns to such ports.
  152         11. Updates to a seaport master plan or strategic plan
  153  development, including the purchase of data to support such plan
  154  updates.
  155         (c) To be eligible for consideration by the council
  156  pursuant to this section, a project must be consistent with the
  157  port comprehensive master plan that which is incorporated as
  158  part of the approved local government comprehensive plan as
  159  required by s. 163.3178(2)(k) or other provisions of the
  160  Community Planning Act, part II of chapter 163.
  161         (4) A port eligible for matching funds under the program
  162  may receive a distribution of not more than $7 million during
  163  any 1 calendar year and a distribution of not more than $30
  164  million during any 5-calendar-year period.
  165         (4)(5) Any port that which receives funding under the
  166  program shall institute procedures to ensure that jobs created
  167  as a result of the state funding are shall be subject to equal
  168  opportunity hiring practices in the manner provided in s.
  169  110.112.
  170         (5)(6) The Department of Transportation may conduct a final
  171  audit of a shall subject any project that receives funds
  172  pursuant to this section and s. 320.20 to a final audit. The
  173  department may adopt rules and perform such other acts as are
  174  necessary or convenient to ensure that the final audits are
  175  conducted and that any deficiency or questioned costs noted by
  176  the audit are resolved.
  177         Section 3. Section 311.09, Florida Statutes, is amended to
  178  read:
  179         311.09 Florida Seaport Transportation and Economic
  180  Development Council.—
  181         (1) The Florida Seaport Transportation and Economic
  182  Development Council is created within the Department of
  183  Transportation. The council consists of the following 17 18
  184  members: the port director, or the port director’s designee, of
  185  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  186  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  187  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  188  West, and Fernandina; the secretary of the Department of
  189  Transportation or his or her designee; and the director of the
  190  Department of Economic Opportunity or his or her designee.
  191         (2) The council shall adopt bylaws governing the manner in
  192  which the business of the council will be conducted. The bylaws
  193  shall specify the procedure by which the chairperson of the
  194  council is elected.
  195         (3) The council shall prepare a 5-year Florida Seaport
  196  Mission Plan defining the goals and objectives of the council
  197  concerning the development of port facilities and an intermodal
  198  transportation system consistent with the goals of the Florida
  199  Transportation Plan developed pursuant to s. 339.155. The
  200  Florida Seaport Mission Plan shall include specific
  201  recommendations for the construction of transportation
  202  facilities connecting any port to another transportation mode
  203  and for the efficient, cost-effective development of
  204  transportation facilities or port facilities for the purpose of
  205  enhancing trade, promoting cargo flow, increasing cruise
  206  passenger movements, increasing port revenues, and providing
  207  economic benefits to the state. The council shall develop a
  208  priority list of projects based on these recommendations
  209  annually and submit the list to the Department of
  210  Transportation. The council shall update the 5-year Florida
  211  Seaport Mission Plan annually and shall submit the plan no later
  212  than February 1 of each year to the President of the Senate, the
  213  Speaker of the House of Representatives, the Department of
  214  Economic Opportunity, and the Department of Transportation. The
  215  council shall develop programs, based on an examination of
  216  existing programs in Florida and other states, for the training
  217  of minorities and secondary school students in job skills
  218  associated with employment opportunities in the maritime
  219  industry, and report on progress and recommendations for further
  220  action to the President of the Senate and the Speaker of the
  221  House of Representatives annually.
  222         (4) The council shall adopt rules for evaluating projects
  223  that which may be funded under ss. 311.07 and 320.20. The rules
  224  shall provide criteria for evaluating proposed projects, which
  225  include, but are not limited to, the following factors:
  226         (a) The consistency of the project with relevant plans;
  227         (b) The potential economic benefits of the project;
  228         (c) Whether the project will create a competitive advantage
  229  for a port over other ports in this state;
  230         (d) The amount of time between the approval of funding and
  231  the commencement of construction of the project; and
  232         (e) Whether the project will increase the capacity of the
  233  seaport system. the economic benefit of the project, measured by
  234  the potential for the proposed project to maintain or increase
  235  cargo flow, cruise passenger movement, international commerce,
  236  port revenues, and the number of jobs for the port’s local
  237  community.
  238         (5) The council shall review and approve or disapprove each
  239  project eligible to be funded pursuant to the Florida Seaport
  240  Transportation and Economic Development Program. The council
  241  shall annually submit to the Secretary of Transportation and the
  242  executive director of the Department of Economic Opportunity, or
  243  his or her designee, a list of projects that which have been
  244  approved by the council. The list shall specify the recommended
  245  funding level for each project; and, if staged implementation of
  246  the project is appropriate, the funding requirements for each
  247  stage shall be specified.
  248         (6) The Department of Community Affairs shall review the
  249  list of projects approved by the council to determine
  250  consistency with approved local government comprehensive plans
  251  of the units of local government in which the port is located
  252  and consistency with the port master plan. The Department of
  253  Community Affairs shall identify and notify the council of those
  254  projects which are not consistent, to the maximum extent
  255  feasible, with such comprehensive plans and port master plans.
  256         (6)(7) The Department of Transportation shall review the
  257  applications for list of projects approved by the council for
  258  consistency with the Florida Transportation Plan, the Statewide
  259  Seaport and Waterways System Plan, and the department’s adopted
  260  work program. In evaluating the consistency of a project, the
  261  department shall assess the transportation impacts and economic
  262  benefits for each project. determine whether the transportation
  263  impact of the proposed project is adequately handled by existing
  264  state-owned transportation facilities or by the construction of
  265  additional state-owned transportation facilities as identified
  266  in the Florida Transportation Plan and the department’s adopted
  267  work program. In reviewing for consistency a transportation
  268  facility project as defined in s. 334.03(31) which is not
  269  otherwise part of the department’s work program, the department
  270  shall evaluate whether the project is needed to provide for
  271  projected movement of cargo or passengers from the port to a
  272  state transportation facility or local road. If the project is
  273  needed to provide for projected movement of cargo or passengers,
  274  the project shall be approved for consistency as a consideration
  275  to facilitate the economic development and growth of the state
  276  in a timely manner. The Department of Transportation shall
  277  identify those projects that which are inconsistent with the
  278  Florida Transportation Plan, the Statewide Seaport and Waterways
  279  System Plan, or and the adopted work program and shall notify
  280  the council of projects found to be inconsistent.
  281         (7)(8) The Department of Economic Opportunity shall review
  282  the applications for list of projects approved by the council to
  283  evaluate the economic benefit of the project and to determine
  284  whether the project is consistent with the Florida Seaport
  285  Mission Plan and with state economic development goals and
  286  policies. The Department of Economic Opportunity shall review
  287  the consistency of the proposed project with state, regional,
  288  and local plans, as appropriate, and the economic benefits of
  289  each project based upon the rules adopted pursuant to subsection
  290  (4). The Department of Economic Opportunity shall identify those
  291  projects that which it has determined do not offer an economic
  292  benefit to the state, are not consistent with an appropriate
  293  plan, or are not consistent with the Florida Seaport Mission
  294  Plan or state economic development goals and policies, and shall
  295  notify the council of its findings.
  296         (8)(9) The council shall review the findings of the
  297  Department of Economic Opportunity and the Department of
  298  Transportation. Projects found to be inconsistent pursuant to
  299  subsection (6) or subsection (7) subsections (6), (7), and (8)
  300  and projects that which have been determined not to offer an
  301  economic benefit to the state pursuant to subsection (7) may (8)
  302  shall not be included in the list of projects to be funded.
  303         (9)(10) The Department of Transportation shall request at
  304  least $15 million include in its annual legislative budget
  305  request for the a Florida Seaport Transportation and Economic
  306  Development grant program under s. 311.07 for expenditure of
  307  funds of not less than $8 million per year. Such budget shall
  308  include funding for projects approved by the council which have
  309  been determined by each agency to be consistent with the
  310  appropriate plans and state economic goals and policies and
  311  which have been determined by the Department of Economic
  312  Opportunity to be economically beneficial. The department shall
  313  include the specific approved seaport projects approved under
  314  the Florida Seaport Transportation and Economic Development
  315  Program to be funded under s. 311.07 this section during the
  316  ensuing fiscal year in the tentative work program developed
  317  pursuant to s. 339.135(4). The total amount of funding allocated
  318  to be allocated to seaport projects approved under the Florida
  319  Seaport Transportation and Economic Development Program under s.
  320  311.07 during the successive 4 fiscal years shall also be
  321  included in the tentative work program developed pursuant to s.
  322  339.135(4). The council may submit to the department a list of
  323  approved projects that could be made production-ready within the
  324  next 2 years. The list shall be submitted by the department as
  325  part of the needs and project list prepared pursuant to s.
  326  339.135(2)(b). However, the department shall, upon written
  327  request of the Florida Seaport Transportation and Economic
  328  Development Council, submit work program amendments pursuant to
  329  s. 339.135(7) to the Governor within 10 days after the later of
  330  the date the request is received by the department or the
  331  effective date of the amendment, termination, or closure of the
  332  applicable funding agreement between the department and the
  333  affected seaport, as required to release the funds from the
  334  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  335  program amendment to transfer prior year funds from one approved
  336  seaport project to another seaport project is subject to the
  337  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  338  law to the contrary, the department may transfer unexpended
  339  budget between the seaport projects as identified in the
  340  approved work program amendments.
  341         (10)(11) The council shall meet at the call of its
  342  chairperson, at the request of a majority of its membership, or
  343  at such times as may be prescribed in its bylaws. However, the
  344  council must meet at least semiannually. A majority of voting
  345  members of the council constitutes a quorum for the purpose of
  346  transacting the business of the council. All members of the
  347  council are voting members. A vote of the majority of the voting
  348  members present is sufficient for any action of the council,
  349  except that a member representing the Department of
  350  Transportation or the Department of Economic Opportunity may
  351  vote to overrule any action of the council approving a project
  352  pursuant to subsection (5). The bylaws of the council may
  353  require a greater vote for a particular action.
  354         (11)(12) Members of the council shall serve without
  355  compensation but are entitled to receive reimbursement for per
  356  diem and travel expenses as provided in s. 112.061. The council
  357  may elect to provide an administrative staff to provide services
  358  to the council on matters relating to the Florida Seaport
  359  Transportation and Economic Development Program and the council.
  360  The cost for such administrative services shall be paid by all
  361  ports that receive funding from the Florida Seaport
  362  Transportation and Economic Development Program, based upon a
  363  pro rata formula measured by each recipient’s share of the funds
  364  as compared to the total funds disbursed to all recipients
  365  during the year. The share of costs for administrative services
  366  shall be paid in its total amount by the recipient port upon
  367  execution by the port and the Department of Transportation of a
  368  joint participation agreement for each council-approved project,
  369  and such payment is in addition to the matching funds required
  370  to be paid by the recipient port. Except as otherwise exempted
  371  by law, all moneys derived from the Florida Seaport
  372  Transportation and Economic Development Program shall be
  373  expended in accordance with the provisions of s. 287.057.
  374  Seaports subject to competitive negotiation requirements of a
  375  local governing body shall abide by the provisions of s.
  376  287.055.
  377         (12)(13) Until July 1, 2014, Citrus County may apply for a
  378  grant through the Florida Seaport Transportation and Economic
  379  Development Council to perform a feasibility study regarding the
  380  establishment of a port in Citrus County. The council shall
  381  evaluate such application pursuant to subsections (5)-(8) (5)
  382  (9) and, if approved, the Department of Transportation shall
  383  include the feasibility study in its budget request pursuant to
  384  subsection (9) (10). If the study determines that a port in
  385  Citrus County is not feasible, the membership of Port Citrus on
  386  the council shall terminate.
  387         Section 4. Section 311.10, Florida Statutes, is created to
  388  read:
  389         311.10 Strategic Port Investment Initiative.—There is
  390  created the Strategic Port Investment Initiative within the
  391  Department of Transportation. Beginning in the 2012-2013 fiscal
  392  year, a minimum of $35 million annually shall be made available
  393  from the State Transportation Trust Fund to fund the initiative.
  394  The Department of Transportation shall work with the deepwater
  395  ports listed in s. 311.09 to annually develop, update, and
  396  maintain a prioritized list of strategic investment projects. A
  397  proposed project may be placed on the list only if the project
  398  will meet the state’s economic development goal of becoming a
  399  hub for trade, logistics, and export-oriented activities by:
  400         (a) Providing important access and major on-port capacity
  401  improvements;
  402         (b) Providing capital improvements that will strategically
  403  position the state to maximize opportunities in international
  404  trade and logistics or in the cruise industry;
  405         (c) Achieving the state’s goals for an integrated
  406  intermodal transportation system; and
  407         (d) Demonstrating the feasibility of receiving matching
  408  funds through local or private partners.
  409         (2) Before finalizing the list of strategic investment
  410  projects, the Department of Transportation must hold a public
  411  workshop with the Department of Economic Opportunity and the
  412  deepwater ports listed in s. 311.09 to review the proposed
  413  projects. The Department of Transportation shall finalize the
  414  list of projects after considering the comments received during
  415  the workshop.
  416         (3) The Department of Transportation, to the extent
  417  feasible, shall include the projects on the list of strategic
  418  investment projects, in the tentative work program developed
  419  pursuant to s. 339.135(4).
  420         Section 5. Section 311.14, Florida Statutes, is amended to
  421  read:
  422         311.14 Seaport planning.—
  423         (1) The Department of Transportation shall develop, in
  424  coordination with the ports listed in s. 311.09 and other
  425  partners, a Statewide Seaport and Waterways System Plan. The
  426  plan must be consistent with the principles of the Florida
  427  Transportation Plan under s. 339.155 and must consider the needs
  428  identified in individual port master plans and those needs from
  429  the seaport strategic plans required under this section. The
  430  plan must identify 5-year, 10-year, and 20-year needs for the
  431  seaport system and include seaport, waterway, road, and rail
  432  projects that are needed to support the success of the
  433  transportation system as a whole in supporting state economic
  434  development goals. The Florida Seaport Transportation and
  435  Economic Development Council, in cooperation with the Office of
  436  the State Public Transportation Administrator within the
  437  Department of Transportation, shall develop freight-mobility and
  438  trade-corridor plans to assist in making freight-mobility
  439  investments that contribute to the economic growth of the state.
  440  Such plans should enhance the integration and connectivity of
  441  the transportation system across and between transportation
  442  modes throughout Florida for people and freight.
  443         (2) The Office of the State Public Transportation
  444  Administrator shall act to integrate freight-mobility and trade
  445  corridor plans into the Florida Transportation Plan developed
  446  pursuant to s. 339.155 and into the plans and programs of
  447  metropolitan planning organizations as provided in s. 339.175.
  448  The office may also provide assistance in expediting the
  449  transportation permitting process relating to the construction
  450  of seaport freight-mobility projects located outside the
  451  physical borders of seaports. The Department of Transportation
  452  may contract, as provided in s. 334.044, with any port listed in
  453  s. 311.09(1) or any such other statutorily authorized seaport
  454  entity to act as an agent in the construction of seaport
  455  freight-mobility projects.
  456         (2)(3) Each port shall develop a strategic plan with a 10
  457  year horizon. Each plan must include the following:
  458         (a) An economic development component that identifies
  459  targeted business opportunities for increasing business and
  460  attracting new business for which a particular facility has a
  461  strategic advantage over its competitors, identifies financial
  462  resources and other inducements to encourage growth of existing
  463  business and acquisition of new business, and provides a
  464  projected schedule for attainment of the plan’s goals.
  465         (b) An infrastructure development and improvement component
  466  that identifies all projected infrastructure improvements within
  467  the plan area which require improvement, expansion, or
  468  development in order for a port to attain a strategic advantage
  469  for competition with national and international competitors.
  470         (c) A component that identifies all intermodal
  471  transportation facilities, including sea, air, rail, or road
  472  facilities, which are available or have potential, with
  473  improvements, to be available for necessary national and
  474  international commercial linkages and provides a plan for the
  475  integration of port, airport, and railroad activities with
  476  existing and planned transportation infrastructure.
  477         (d) A component that identifies physical, environmental,
  478  and regulatory barriers to achievement of the plan’s goals and
  479  provides recommendations for overcoming those barriers.
  480         (e) An intergovernmental coordination component that
  481  specifies modes and methods to coordinate plan goals and
  482  missions with the missions of the Department of Transportation,
  483  other state agencies, and affected local, general-purpose
  484  governments.
  485  
  486  To the extent feasible, the port strategic plan must be
  487  consistent with the local government comprehensive plans of the
  488  units of local government in which the port is located. Upon
  489  approval of a plan by the port’s board, the plan shall be
  490  submitted to the Florida Seaport Transportation and Economic
  491  Development Council.
  492         (3)(4) The Florida Seaport Transportation and Economic
  493  Development Council shall review the strategic plans submitted
  494  by each port and prioritize strategic needs for inclusion in the
  495  Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
  496         Section 6. Subsection (2) of section 311.22, Florida
  497  Statutes, is amended to read:
  498         311.22 Additional authorization for funding certain
  499  dredging projects.—
  500         (2) The council shall adopt rules for evaluating the
  501  projects that may be funded pursuant to this section. The rules
  502  must provide criteria for evaluating the economic benefit of the
  503  project. The rules must include the creation of an
  504  administrative review process by the council which is similar to
  505  the process described in s. 311.09(5)-(11) s. 311.09(5)-(12),
  506  and provide for a review by the Department of Transportation and
  507  the Department of Economic Opportunity of all projects submitted
  508  for funding under this section.
  509         Section 7. Subsections (3) and (4) of section 320.20,
  510  Florida Statutes, are amended to read:
  511         320.20 Disposition of license tax moneys.—The revenue
  512  derived from the registration of motor vehicles, including any
  513  delinquent fees and excluding those revenues collected and
  514  distributed under the provisions of s. 320.081, must be
  515  distributed monthly, as collected, as follows:
  516         (3) Notwithstanding any other provision of law except
  517  subsections (1) and (2), on July 1, 1996, and annually
  518  thereafter, $15 million shall be deposited in the State
  519  Transportation Trust Fund solely for the purposes of funding the
  520  Florida Seaport Transportation and Economic Development Program
  521  as provided for in chapter 311. Such revenues shall be
  522  distributed on a 50-50 matching basis to any port listed in s.
  523  311.09(1) to be used for funding projects as described in s.
  524  311.07(3)(b). Such revenues may be assigned, pledged, or set
  525  aside as a trust for the payment of principal or interest on
  526  bonds, tax anticipation certificates, or any other form of
  527  indebtedness issued by an individual port or appropriate local
  528  government having jurisdiction thereof, or collectively by
  529  interlocal agreement among any of the ports, or used to purchase
  530  credit support to permit such borrowings. However, such debt
  531  does shall not constitute a general obligation of the State of
  532  Florida. The state does hereby covenant with holders of such
  533  revenue bonds or other instruments of indebtedness issued
  534  hereunder that it will not repeal, or impair, or amend in any
  535  manner that which will materially and adversely affect the
  536  rights of such holders so long as bonds authorized by this
  537  section are outstanding. Any revenues that which are not pledged
  538  to the repayment of bonds as authorized by this section may be
  539  utilized for purposes authorized under the Florida Seaport
  540  Transportation and Economic Development Program. This revenue
  541  source is in addition to any amounts provided for and
  542  appropriated in accordance with s. 311.07. The Florida Seaport
  543  Transportation and Economic Development Council shall approve
  544  distribution of funds to ports for projects that which have been
  545  approved pursuant to s. 311.09(5)-(8) s. 311.09(5)-(9). The
  546  council and the Department of Transportation are authorized to
  547  perform such acts as are required to facilitate and implement
  548  the provisions of this subsection. To better enable the ports to
  549  cooperate to their mutual advantage, the governing body of each
  550  port may exercise powers provided to municipalities or counties
  551  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
  552  special acts, if any, pertaining to a port. The use of funds
  553  provided pursuant to this subsection are limited to eligible
  554  projects listed in this subsection. Income derived from a
  555  project completed with the use of program funds, beyond
  556  operating costs and debt service, shall be restricted to further
  557  port capital improvements consistent with maritime purposes and
  558  for no other purpose. Use of such income for nonmaritime
  559  purposes is prohibited. The provisions of s. 311.07(4) do not
  560  apply to any funds received pursuant to this subsection. The
  561  revenues available under this subsection may shall not be
  562  pledged to the payment of any bonds other than the Florida Ports
  563  Financing Commission Series 1996 and Series 1999 Bonds currently
  564  outstanding; provided, however, such revenues may be pledged to
  565  secure payment of refunding bonds to refinance the Florida Ports
  566  Financing Commission Series 1996 and Series 1999 Bonds. No
  567  refunding bonds secured by revenues available under this
  568  subsection may be issued with a final maturity later than the
  569  final maturity of the Florida Ports Financing Commission Series
  570  1996 and Series 1999 Bonds or which provide for higher debt
  571  service in any year than is currently payable on such bonds. Any
  572  revenue bonds or other indebtedness issued after July 1, 2000,
  573  other than refunding bonds shall be issued by the Division of
  574  Bond Finance at the request of the Department of Transportation
  575  pursuant to the State Bond Act.
  576         (4) Notwithstanding any other provision of law except
  577  subsections (1), (2), and (3), on July 1, 1999, and annually
  578  thereafter, $10 million shall be deposited in the State
  579  Transportation Trust Fund solely for the purposes of funding the
  580  Florida Seaport Transportation and Economic Development Program
  581  as provided in chapter 311 and for funding seaport intermodal
  582  access projects of statewide significance as provided in s.
  583  341.053. Such revenues shall be distributed to any port listed
  584  in s. 311.09(1), to be used for funding projects as follows:
  585         (a) For any seaport intermodal access projects that are
  586  identified in the 1997-1998 Tentative Work Program of the
  587  Department of Transportation, up to the amounts needed to offset
  588  the funding requirements of this section.
  589         (b) For seaport intermodal access projects as described in
  590  s. 341.053(5) that are identified in the 5-year Florida Seaport
  591  Mission Plan as provided in s. 311.09(3). Funding for such
  592  projects shall be on a matching basis as mutually determined by
  593  the Florida Seaport Transportation and Economic Development
  594  Council and the Department of Transportation, provided a minimum
  595  of 25 percent of total project funds shall come from any port
  596  funds, local funds, private funds, or specifically earmarked
  597  federal funds.
  598         (c) On a 50-50 matching basis for projects as described in
  599  s. 311.07(3)(b).
  600         (d) For seaport intermodal access projects that involve the
  601  dredging or deepening of channels, turning basins, or harbors;
  602  or the rehabilitation of wharves, docks, or similar structures.
  603  Funding for such projects shall require a 25 percent match of
  604  the funds received pursuant to this subsection. Matching funds
  605  shall come from any port funds, federal funds, local funds, or
  606  private funds.
  607  
  608  Such revenues may be assigned, pledged, or set aside as a trust
  609  for the payment of principal or interest on bonds, tax
  610  anticipation certificates, or any other form of indebtedness
  611  issued by an individual port or appropriate local government
  612  having jurisdiction thereof, or collectively by interlocal
  613  agreement among any of the ports, or used to purchase credit
  614  support to permit such borrowings. However, such debt does shall
  615  not constitute a general obligation of the state. This state
  616  does hereby covenant with holders of such revenue bonds or other
  617  instruments of indebtedness issued hereunder that it will not
  618  repeal, or impair, or amend this subsection in any manner that
  619  which will materially and adversely affect the rights of holders
  620  so long as bonds authorized by this subsection are outstanding.
  621  Any revenues that are not pledged to the repayment of bonds as
  622  authorized by this section may be utilized for purposes
  623  authorized under the Florida Seaport Transportation and Economic
  624  Development Program. This revenue source is in addition to any
  625  amounts provided for and appropriated in accordance with s.
  626  311.07 and subsection (3). The Florida Seaport Transportation
  627  and Economic Development Council shall approve distribution of
  628  funds to ports for projects that have been approved pursuant to
  629  s. 311.09(5)-(8) s. 311.09(5)-(9), or for seaport intermodal
  630  access projects identified in the 5-year Florida Seaport Mission
  631  Plan as provided in s. 311.09(3) and mutually agreed upon by the
  632  FSTED Council and the Department of Transportation. All
  633  contracts for actual construction of projects authorized by this
  634  subsection must include a provision encouraging employment of
  635  participants in the welfare transition program. The goal for
  636  employment of participants in the welfare transition program is
  637  25 percent of all new employees employed specifically for the
  638  project, unless the Department of Transportation and the Florida
  639  Seaport Transportation and Economic Development Council
  640  demonstrate that such a requirement would severely hamper the
  641  successful completion of the project. In such an instance,
  642  Workforce Florida, Inc., shall establish an appropriate
  643  percentage of employees that must be participants in the welfare
  644  transition program. The council and the Department of
  645  Transportation are authorized to perform such acts as are
  646  required to facilitate and implement the provisions of this
  647  subsection. To better enable the ports to cooperate to their
  648  mutual advantage, the governing body of each port may exercise
  649  powers provided to municipalities or counties in s. 163.01(7)(d)
  650  subject to the provisions of chapter 311 and special acts, if
  651  any, pertaining to a port. The use of funds provided pursuant to
  652  this subsection is limited to eligible projects listed in this
  653  subsection. The provisions of s. 311.07(4) do not apply to any
  654  funds received pursuant to this subsection. The revenues
  655  available under this subsection may shall not be pledged to the
  656  payment of any bonds other than the Florida Ports Financing
  657  Commission Series 1996 and Series 1999 Bonds currently
  658  outstanding; provided, however, such revenues may be pledged to
  659  secure payment of refunding bonds to refinance the Florida Ports
  660  Financing Commission Series 1996 and Series 1999 Bonds. No
  661  refunding bonds secured by revenues available under this
  662  subsection may be issued with a final maturity later than the
  663  final maturity of the Florida Ports Financing Commission Series
  664  1996 and Series 1999 Bonds or which provide for higher debt
  665  service in any year than is currently payable on such bonds. Any
  666  revenue bonds or other indebtedness issued after July 1, 2000,
  667  other than refunding bonds shall be issued by the Division of
  668  Bond Finance at the request of the Department of Transportation
  669  pursuant to the State Bond Act.
  670         Section 8. Subsection (5) is added to section 339.63,
  671  Florida Statutes, to read:
  672         339.63 System facilities designated; additions and
  673  deletions.—
  674         (5)(a) The Secretary of Transportation shall designate a
  675  planned facility as part of the Strategic Intermodal System upon
  676  request of the facility if the facility meets the criteria and
  677  thresholds established in subsection (4), meets the definition
  678  of an intermodal logistics center, and has been designated in a
  679  local comprehensive plan or local government development order
  680  as an intermodal logistics center or an equivalent planning
  681  term.
  682         (b) As used in this section, the term “intermodal logistics
  683  center” means a facility or group of facilities serving as a
  684  point of intermodal transfer of freight in a specific area
  685  physically separated from a seaport where activities relating to
  686  transport, logistics, goods distribution, consolidation, or
  687  value-added activities are carried out and whose activities and
  688  services are designed to support or be supported by one or more
  689  seaports, as provide in s. 311.09.
  690         (c)A facility that is designated part of the Strategic
  691  Intermodal System and is within the jurisdiction of a local
  692  government that maintains a transportation concurrency system
  693  shall receive a waiver of transportation concurrency
  694  requirements applicable to Strategic Intermodal System
  695  facilities in order to accommodate any development at the
  696  facility which occurs pursuant to a building permit issued on or
  697  before December 31, 2017, but only if such facility is located
  698  within:
  699         1. An area designated pursuant to s. 288.0656(7) as a rural
  700  area of critical economic concern;
  701         2. A rural enterprise zone as defined in s. 290.004; or
  702         3. Ten miles of the boundary of a rural area of critical
  703  economic concern or a rural enterprise zone.
  704         Section 9. This act shall take effect July 1, 2012.