Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1866
       
       
       
       
       
       
                                Barcode 973282                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2012           .                                
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       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 921 - 949
    4  and insert:
    5  transportation facilities that serve intermodal logistics
    6  centers that facilitate the conveyance or shipment of goods
    7  through a seaport to or from an intermodal logistics center.
    8         (1) For the purposes of this section, “intermodal logistics
    9  center,” including, but not limited to, an “inland port,” means
   10  a facility or group of facilities serving as a point of
   11  intermodal transfer of freight in a specific area physically
   12  separated from a seaport where activities relating to transport,
   13  logistics, goods distribution, consolidation, or value-added
   14  activities are carried out and whose activities and services are
   15  designed to support or be supported by conveyance or shipping
   16  through one or more seaports, listed in s. 311.09.
   17         (2) The department must consider, but is not limited to,
   18  the following criteria when evaluating projects for Intermodal
   19  Logistics Center Infrastructure Support Program assistance:
   20         (a) The ability of the project to serve a strategic state
   21  interest.
   22         (b) The ability of the project to facilitate the cost
   23  effective and efficient movement of goods.
   24         (c) The extent to which the project contributes to economic
   25  activity, including job creation, increased wages, and revenues.
   26         (d) The extent to which the project efficiently interacts
   27  with and supports the transportation network.
   28         (e) A commitment of a funding match.
   29         (f) The amount of investment or commitments made by the
   30  owner or developer of the existing or proposed facility.
   31         (g) The extent to which the owner has commitments,
   32  including memorandums of understanding or memorandums of
   33  agreements, with private sector businesses planning to locate
   34  operations at the intermodal logistics center.
   35  
   36         Delete lines 1596 - 1604
   37  and insert:
   38         (33) To develop, in coordination with its partners and
   39  stakeholders, a Freight Mobility and Trade Plan to assist in
   40  making freight mobility investments that contribute to the
   41  economic growth of the state. Such plan should enhance the
   42  integration and connectivity of the transportation system across
   43  and between transportation modes throughout the state. The
   44  department shall deliver the Freight Mobility and Trade Plan to
   45  the Governor and Legislature by July 1, 2013. Freight issues and
   46  needs shall also be given emphasis in all appropriate
   47  transportation plans, including the Florida Transportation Plan
   48  and the Strategic Intermodal System Plan.
   49  
   50         Delete line 1688
   51  and insert:
   52  the bridge. Nothing herein shall be construed as altering
   53  existing jurisdictional responsibilities for the operation and
   54  maintenance of bridges.
   55  
   56         Delete lines 1829 - 1843.
   57  
   58         Delete line 2367
   59  and insert:
   60  lanes or express lanes established on facilities owned by the
   61  department located on Interstate 95 in Miami-Dade
   62  
   63         Delete line 3247
   64  and insert:
   65         3. Within 15 miles of the boundary of a rural area of
   66  
   67         Delete lines 3473 - 3627
   68  and insert:
   69         Section 64. Section 341.840, Florida Statutes, is amended
   70  to read:
   71         341.840 Tax exemption.—
   72         (1) The exercise of the powers granted under ss. 341.8201
   73  341.842 by this act will be in all respects for the benefit of
   74  the people of this state, for the increase of their commerce,
   75  welfare, and prosperity, and for the improvement of their health
   76  and living conditions. The design, construction, operation,
   77  maintenance, and financing of a high-speed rail system by the
   78  enterprise authority, its agent, or the owner or lessee thereof,
   79  as herein authorized, constitutes the performance of an
   80  essential public function.
   81         (2)(a) For the purposes of this section, the term
   82  “enterprise authority” does not include agents of the enterprise
   83  authority other than contractors who qualify as such pursuant to
   84  subsection (7).
   85         (b) For the purposes of this section, any item or property
   86  that is within the definition of the term “associated
   87  development” in s. 341.8203(1) may shall not be considered to be
   88  part of the high-speed rail system as defined in s.
   89  341.8203(3)(6).
   90         (3)(a) Purchases or leases of tangible personal property or
   91  real property by the enterprise authority, excluding agents of
   92  the enterprise authority, are exempt from taxes imposed by
   93  chapter 212 as provided in s. 212.08(6). Purchases or leases of
   94  tangible personal property that is incorporated into the high
   95  speed rail system as a component part thereof, as determined by
   96  the enterprise authority, by agents of the enterprise authority
   97  or the owner of the high-speed rail system are exempt from sales
   98  or use taxes imposed by chapter 212. Leases, rentals, or
   99  licenses to use real property granted to agents of the
  100  enterprise authority or the owner of the high-speed rail system
  101  are exempt from taxes imposed by s. 212.031 if the real property
  102  becomes part of such system. The exemptions granted in this
  103  subsection do not apply to sales, leases, or licenses by the
  104  enterprise authority, agents of the authority, or the owner of
  105  the high-speed rail system.
  106         (b) The exemption granted in paragraph (a) to purchases or
  107  leases of tangible personal property by agents of the enterprise
  108  authority or by the owner of the high-speed rail system applies
  109  only to property that becomes a component part of such system.
  110  It does not apply to items, including, but not limited to,
  111  cranes, bulldozers, forklifts, other machinery and equipment,
  112  tools and supplies, or other items of tangible personal property
  113  used in the construction, operation, or maintenance of the high
  114  speed rail system when such items are not incorporated into the
  115  high-speed rail system as a component part thereof.
  116         (4) Any bonds or other security, and all notes, mortgages,
  117  security agreements, letters of credit, or other instruments
  118  that arise out of or are given to secure the repayment of bonds
  119  or other security, issued by the enterprise authority, or on
  120  behalf of the enterprise authority, their transfer, and the
  121  income therefrom, including any profit made on the sale thereof,
  122  shall at all times be free from taxation of every kind by the
  123  state, the counties, and the municipalities and other political
  124  subdivisions in the state. This subsection, however, does not
  125  exempt from taxation or assessment the leasehold interest of a
  126  lessee in any project or any other property or interest owned by
  127  the lessee. The exemption granted by this subsection is not
  128  applicable to any tax imposed by chapter 220 on interest income
  129  or profits on the sale of debt obligations owned by
  130  corporations.
  131         (5) When property of the enterprise authority is leased to
  132  another person or entity, the property shall be exempt from ad
  133  valorem taxation only if the use by the lessee qualifies the
  134  property for exemption under s. 196.199.
  135         (6) A leasehold interest held by the enterprise authority
  136  is not subject to intangible tax. However, if a leasehold
  137  interest held by the enterprise authority is subleased to a
  138  nongovernmental lessee, such subleasehold interest shall be
  139  deemed to be an interest described in s. 199.023(1)(d), Florida
  140  Statutes 2005, and is subject to the intangible tax.
  141         (7)(a) In order to be considered an agent of the enterprise
  142  authority for purposes of the exemption from sales and use tax
  143  granted by subsection (3) for tangible personal property
  144  incorporated into the high-speed rail system, a contractor of
  145  the enterprise authority that purchases or fabricates such
  146  tangible personal property must be certified by the enterprise
  147  authority as provided in this subsection.
  148         (b)1. A contractor must apply for a renewal of the
  149  exemption not later than December 1 of each calendar year.
  150         2. A contractor must apply to the enterprise authority on
  151  the application form adopted by the enterprise authority, which
  152  shall develop the form in consultation with the Department of
  153  Revenue.
  154         3. The enterprise authority shall review each submitted
  155  application and determine whether it is complete. The enterprise
  156  authority shall notify the applicant of any deficiencies in the
  157  application within 30 days. Upon receipt of a completed
  158  application, the enterprise authority shall evaluate the
  159  application for exemption under this subsection and issue a
  160  certification that the contractor is qualified to act as an
  161  agent of the enterprise authority for purposes of this section
  162  or a denial of such certification within 30 days. The enterprise
  163  authority shall provide the Department of Revenue with a copy of
  164  each certification issued upon approval of an application. Upon
  165  receipt of a certification from the enterprise authority, the
  166  Department of Revenue shall issue an exemption permit to the
  167  contractor.
  168         (c)1. The contractor may extend a copy of its exemption
  169  permit to its vendors in lieu of paying sales tax on purchases
  170  of tangible personal property qualifying for exemption under
  171  this section. Possession of a copy of the exemption permit
  172  relieves the seller of the responsibility of collecting tax on
  173  the sale, and the Department of Revenue shall look solely to the
  174  contractor for recovery of tax upon a determination that the
  175  contractor was not entitled to the exemption.
  176         2. The contractor may extend a copy of its exemption permit
  177  to real property subcontractors supplying and installing
  178  tangible personal property that is exempt under subsection (3).
  179  Any such subcontractor may is authorized to extend a copy of the
  180  permit to the subcontractor’s vendors in order to purchase
  181  qualifying tangible personal property tax-exempt. If the
  182  subcontractor uses the exemption permit to purchase tangible
  183  personal property that is determined not to qualify for
  184  exemption under subsection (3), the Department of Revenue may
  185  assess and collect any tax, penalties, and interest that are due
  186  from either the contractor holding the exemption permit or the
  187  subcontractor that extended the exemption permit to the seller.
  188         (d) Any contractor authorized to act as an agent of the
  189  enterprise authority under this section shall maintain the
  190  necessary books and records to document the exempt status of
  191  purchases and fabrication costs made or incurred under the
  192  permit. In addition, an authorized contractor extending its
  193  exemption permit to its subcontractors shall maintain a copy of
  194  the subcontractor’s books, records, and invoices indicating all
  195  purchases made by the subcontractor under the authorized
  196  contractor’s permit. If, in an audit conducted by the Department
  197  of Revenue, it is determined that tangible personal property
  198  purchased or fabricated claiming exemption under this section
  199  does not meet the criteria for exemption, the amount of taxes
  200  not paid at the time of purchase or fabrication shall be
  201  immediately due and payable to the Department of Revenue,
  202  together with the appropriate interest and penalty, computed
  203  from the date of purchase, in the manner prescribed by chapter
  204  212.
  205         (e) If a contractor fails to apply for a high-speed rail
  206  system exemption permit, or if a contractor initially determined
  207  by the enterprise authority to not qualify for exemption is
  208  subsequently determined to be eligible, the contractor shall
  209  receive the benefit of the exemption in this subsection through
  210  a refund of previously paid taxes for transactions that
  211  otherwise would have been exempt. A refund may not be made for
  212  such taxes without the issuance of a certification by the
  213  enterprise authority that the contractor was authorized to make
  214  purchases tax-exempt and a determination by the Department of
  215  Revenue that the purchases qualified for the exemption.
  216         (f) The enterprise authority may adopt rules governing the
  217  application process for exemption of a contractor as an
  218  authorized agent of the enterprise authority.
  219         (g) The Department of Revenue may adopt rules governing the
  220  issuance and form of high-speed rail system exemption permits,
  221  the audit of contractors and subcontractors using such permits,
  222  the recapture of taxes on nonqualified purchases, and the manner
  223  and form of refund applications.
  224  
  225         Delete lines 3628 - 3644
  226  and insert:
  227         Section 65. Subsection (3) of section 343.52, Florida
  228  Statutes, is amended to read:
  229         343.52 Definitions.—As used in this part, the term:
  230         (3) “Area served” means Miami-Dade, Broward, and Palm Beach
  231  Counties. However, this area may be expanded by mutual consent
  232  of the authority and the board of county commissioners of
  233  Martin, St. Lucie, or Monroe Counties representing the proposed
  234  expansion area. The department shall approve expansion into any
  235  additional counties.
  236         Section 66. Section 343.53, Florida Statutes, is amended to
  237  read:
  238         343.53 South Florida Regional Transportation Authority.—
  239         (1) There is created and established a body politic and
  240  corporate, an agency of the state, to be known as the “South
  241  Florida Regional Transportation Authority,” hereinafter referred
  242  to as the “authority.”
  243         (2) The governing board of the authority shall consist of
  244  11 nine voting members and 1 ex officio nonvoting member, as
  245  follows:
  246         (a) The county commissions of Miami-Dade, Broward, and Palm
  247  Beach Counties shall each elect a commissioner as that
  248  commission’s representative on the board. The commissioner must
  249  be a member of the county commission when elected and for the
  250  full extent of his or her term.
  251         (b) The county commissions of Miami-Dade, Broward, and Palm
  252  Beach Counties shall each appoint a citizen member to the board
  253  who is not a member of the county commission but who is a
  254  resident of the county from which he or she is appointed and a
  255  qualified elector of that county. Insofar as practicable, the
  256  citizen member shall represent the business and civic interests
  257  of the community.
  258         (c) The secretary of the Department of Transportation shall
  259  appoint one of the district secretaries, or his or her designee,
  260  for the districts within which the area served by the South
  261  Florida Regional Transportation Authority is located, who shall
  262  serve ex officio as a nonvoting member.
  263         (d) If the authority’s service area is expanded pursuant to
  264  s. 343.54(5), the county containing the new service area shall
  265  have three members appointed to the board as follows:
  266         1. The county commission of the county shall elect a
  267  commissioner as that commission’s representative on the board.
  268  The commissioner must be a member of the county commission when
  269  elected and for the full extent of his or her term.
  270         2. The county commission of the county shall appoint a
  271  citizen member to the board who is not a member of the county
  272  commission but who is a resident and a qualified elector of that
  273  county. Insofar as is practicable, the citizen member shall
  274  represent the business and civic interests of the community.
  275         3. The Governor shall appoint a citizen member to the board
  276  who is not a member of the county commission but who is a
  277  resident and a qualified elector of that county.
  278         (d)(e) The Governor shall appoint five two members to the
  279  board who are residents and qualified electors in the area
  280  served by the authority but who are not residents of the same
  281  county and also not residents of the county in which the
  282  district secretary who was appointed pursuant to paragraph (c)
  283  is a resident.
  284         (3)(a) Members of the governing board of the authority
  285  shall be appointed to serve 4-year staggered terms, except that
  286  the terms of the appointees of the Governor shall be concurrent.
  287         (b) The terms of the board members currently serving on the
  288  authority that is being succeeded by this act shall expire July
  289  30, 2003, at which time the terms of the members appointed
  290  pursuant to subsection (2) shall commence. The Governor shall
  291  make his or her appointments to the board within 30 days after
  292  July 30, 2003.
  293         (4) A vacancy during a term shall be filled by the
  294  respective appointing authority in the same manner as the
  295  original appointment and only for the balance of the unexpired
  296  term.
  297         (5) The members of the authority shall serve without
  298  compensation, but are entitled to reimbursement for travel
  299  expenses actually incurred in their duties as provided by law.
  300         Section 67. Subsection (5) of section 343.54, Florida
  301  Statutes, is amended to read:
  302         343.54 Powers and duties.—
  303         (5) The authority, by a resolution of its governing board,
  304  may expand its service area into Martin, St. Lucie, or Monroe
  305  Counties and enter into a partnership with any county that is
  306  contiguous to the service area of the authority. The board shall
  307  determine the conditions and terms of the partnership, except as
  308  provided herein. However, the authority may not expand its
  309  service area without the consent of the board of county
  310  commissioners representing the proposed expansion area, and a
  311  county may not be added to the service area except in the year
  312  that federal reauthorization legislation for transportation
  313  funds is enacted. The department shall approve the expansion
  314  into any additional counties.
  315  
  316         Delete line 4334
  317  and insert:
  318  120.54(5). However, a resolution, rule, or formal action is not
  319  binding unless a quorum is physically present at the noticed
  320  meeting location, and only members physically present may vote
  321  on any item.
  322  
  323         Between lines 4673 and 4674
  324  insert:
  325         Section 101. Subsection (7) of section 215.616, Florida
  326  Statutes, is amended to read:
  327         215.616 State bonds for federal aid highway construction.—
  328         (7) Up to $325 million in bonds may be issued for the
  329  Mobility 2000 Initiative with emphasis on the Florida Intrastate
  330  Highway System to advance projects in the most cost-effective
  331  manner and to support emergency evacuation, improved access to
  332  urban areas, or the enhancement of trade and economic growth
  333  corridors of statewide and regional significance which promote
  334  Florida’s economic growth.
  335         Section 102. Subsection (3) of section 288.063, Florida
  336  Statutes, is amended to read:
  337         288.063 Contracts for transportation projects.—
  338         (3) With respect to any contract executed pursuant to this
  339  section, the term “transportation project” means a
  340  transportation facility as defined in s. 334.03(30) s.
  341  334.03(31) which is necessary in the judgment of the department
  342  to facilitate the economic development and growth of the state.
  343  Such transportation projects shall be approved only as a
  344  consideration to attract new employment opportunities to the
  345  state or expand or retain employment in existing companies
  346  operating within the state, or to allow for the construction or
  347  expansion of a state or federal correctional facility in a
  348  county having with a population of 75,000 or less that creates
  349  new employment opportunities or expands or retains employment in
  350  the county. The department shall institute procedures to ensure
  351  that small and minority businesses have equal access to funding
  352  provided under this section. Funding for approved transportation
  353  projects may include any expenses, other than administrative
  354  costs and equipment purchases specified in the contract,
  355  necessary for new, or improvement to existing, transportation
  356  facilities. Funds made available pursuant to this section may
  357  not be expended in connection with the relocation of a business
  358  from one community to another community in this state unless the
  359  department determines that without such relocation the business
  360  will move outside this state or determines that the business has
  361  a compelling economic rationale for the relocation which creates
  362  additional jobs. Subject to appropriation for projects under
  363  this section, any appropriation greater than $10 million shall
  364  be allocated to each of the districts of the Department of
  365  Transportation to ensure equitable geographical distribution.
  366  Such allocated funds that remain uncommitted by the third
  367  quarter of the fiscal year shall be reallocated among the
  368  districts based on pending project requests.
  369         Section 103. Subsection (2) of section 338.222, Florida
  370  Statutes, is amended to read:
  371         338.222 Department of Transportation sole governmental
  372  entity to acquire, construct, or operate turnpike projects;
  373  exception.—
  374         (2) The department may contract with any local governmental
  375  entity as defined in s. 334.03(13) s. 334.03(14) for the design,
  376  right-of-way acquisition, or construction of any turnpike
  377  project which the Legislature has approved. Local governmental
  378  entities may negotiate with the department for the design,
  379  right-of-way acquisition, and construction of any section of the
  380  turnpike project within areas of their respective jurisdictions
  381  or within counties with which they have interlocal agreements.
  382         Section 104. Subsection (2) of section 341.8225, Florida
  383  Statutes, is amended to read:
  384         341.8225 Department of Transportation sole governmental
  385  entity to acquire, construct, or operate high-speed rail
  386  projects; exception.—
  387         (2) Local governmental entities, as defined in s.
  388  334.03(13) s. 334.03(14), may negotiate with the department for
  389  the design, right-of-way acquisition, and construction of any
  390  component of the high-speed rail system within areas of their
  391  respective jurisdictions or within counties with which they have
  392  interlocal agreements.
  393         Section 105. Subsection (27) of section 479.01, Florida
  394  Statutes, is amended to read:
  395         479.01 Definitions.—As used in this chapter, the term:
  396         (27) “Urban area” has the same meaning as defined in s.
  397  334.03(31) s. 334.03(32).
  398         Section 106. Subsection (1) of section 479.07, Florida
  399  Statutes, is amended to read:
  400         479.07 Sign permits.—
  401         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
  402  person may not erect, operate, use, or maintain, or cause to be
  403  erected, operated, used, or maintained, any sign on the State
  404  Highway System outside an urban area, as defined in s.
  405  334.03(31) s. 334.03(32), or on any portion of the interstate or
  406  federal-aid primary highway system without first obtaining a
  407  permit for the sign from the department and paying the annual
  408  fee as provided in this section. As used in this section, the
  409  term “on any portion of the State Highway System, interstate, or
  410  federal-aid primary system” means a sign located within the
  411  controlled area which is visible from any portion of the main
  412  traveled way of such system.
  413         Section 107. Subsection (5) of section 479.261, Florida
  414  Statutes, is amended to read:
  415         479.261 Logo sign program.—
  416         (5) At a minimum, permit fees for businesses that
  417  participate in the program must be established in an amount
  418  sufficient to offset the total cost to the department for the
  419  program, including contract costs. The department shall provide
  420  the services in the most efficient and cost-effective manner
  421  through department staff or by contracting for some or all of
  422  the services. The department shall adopt rules that set
  423  reasonable rates based upon factors such as population, traffic
  424  volume, market demand, and costs for annual permit fees.
  425  However, annual permit fees for sign locations inside an urban
  426  area, as defined in s. 334.03(31) s. 334.03(32), may not exceed
  427  $3,500, and annual permit fees for sign locations outside an
  428  urban area, as defined in s. 334.03(31) s. 334.03(32), may not
  429  exceed $2,000. After recovering program costs, the proceeds from
  430  the annual permit fees shall be deposited into the State
  431  Transportation Trust Fund and used for transportation purposes.
  432  
  433  
  434  ================= T I T L E  A M E N D M E N T ================
  435         And the title is amended as follows:
  436         Delete lines 286 - 288
  437  and insert:
  438         references to the “enterprise”; amending s. 343.52,
  439         F.S.; revising the definition of the term “area
  440         served” for purposes of provisions for the South
  441         Florida Regional Transportation Authority; revising a
  442         provision for expansion of the area; amending s.
  443         343.53, F.S.; revising the number of members of and
  444         criteria for appointment to the board of the South
  445         Florida Regional Transportation Authority; amending s.
  446         343.54, F.S.; revising a provision authorizing the
  447         authority to expand its service area; transferring
  448         control of the Mid-Bay Bridge
  449         Between lines 462 and 463
  450  insert:
  451         amending ss. 215.616, 288.063, 338.222, 341.8225,
  452         479.01, 479.07, and 479.261, F.S., relating to
  453         contracts for transportation projects, turnpike
  454         projects, high-speed rail projects, outdoor
  455         advertising, and the logo sign program, respectively;
  456         deleting obsolete language; revising references to
  457         conform to the incorporation of the Florida Intrastate
  458         Highway System into the Strategic Intermodal System
  459         and to changes made by the act;