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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Webster moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 9, line 10, through page 10, line 22 delete

15  those lines

16

17  and insert:

18         Section 3.  Section 215.617, Florida Statutes, is

19  created to read:

20         215.617  Bonds for the Florida Seaport Transportation

21  and Economic Development Program.--

22         (1)  The Division of Bond Finance, on behalf of the

23  Florida Seaport Transportation and Economic Development

24  Council, is authorized to issue revenue bonds pursuant to s.

25  11, Art. VII of the State Constitution and the State Bond Act

26  for the purposes of financing or refinancing fixed capital

27  requirements of the Florida Seaport Transportation and

28  Economic Development Program as provided in chapter 311 and s.

29  320.20(3) and (4) and funding seaport access projects of

30  statewide significance as provided in s. 341.053.

31         (2)  The revenue bonds issued pursuant to this section

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  shall not constitute a general obligation of or a pledge of

 2  the full faith and credit of the state or any of its agencies.

 3         (3)  Bonds issued pursuant to this section shall be

 4  payable solely from funds pledged pursuant to s. 320.20(3) and

 5  (4). Such funds shall be assigned and pledged as security and

 6  deposited in trust with the State Board of Administration

 7  pursuant to the terms of an agreement entered into among the

 8  ports and the State Board of Administration.

 9         Section 4.  Paragraph (b) of subsection (3) and

10  subsection (6) of section 311.07, Florida Statutes, is amended

11  to read:

12         311.07  Florida seaport transportation and economic

13  development funding.--

14         (3)

15         (b)  Projects eligible for funding by grants under the

16  program are limited to the following port facilities or port

17  transportation projects:

18         1.  Transportation facilities within the jurisdiction

19  of the port.

20         2.  The dredging or deepening of channels, turning

21  basins, or harbors.

22         3.  The construction or rehabilitation of wharves,

23  docks, structures, jetties, piers, storage facilities, cruise

24  terminals, automated people mover systems, or any facilities

25  necessary or useful in connection with any of the foregoing.

26         4.  The acquisition of container cranes or other

27  mechanized equipment used in the movement of cargo or

28  passengers in international commerce.

29         5.  The acquisition of land to be used for port

30  purposes.

31         6.  The acquisition, improvement, enlargement, or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  extension of existing port facilities.

 2         7.  Environmental protection projects which are

 3  necessary because of requirements imposed by a state agency as

 4  a condition of a permit or other form of state approval; which

 5  are necessary for environmental mitigation required as a

 6  condition of a state, federal, or local environmental permit;

 7  which are necessary for the acquisition of spoil disposal

 8  sites and improvements to existing and future spoil sites; or

 9  which result from the funding of eligible projects listed

10  herein.

11         8.  Transportation facilities as defined in s.

12  334.03(31) which are not otherwise part of the Department of

13  Transportation's adopted work program.

14         9.  Seaport intermodal access projects identified in

15  the 5-year Florida Seaport Mission Plan as provided in s.

16  311.09(3).

17         10.  Construction or rehabilitation of port facilities

18  as defined in s. 315.02 in ports listed in s. 311.09(1) with

19  operating revenues of $5 million or less, provided that such

20  projects create economic development opportunities, capital

21  improvements, and positive financial returns to such ports.

22         (6)  The Department of Transportation shall subject any

23  project that receives funds pursuant to this section and s.

24  320.20 to a final audit.  The department may adopt rules and

25  perform such other acts as are necessary or convenient to

26  ensure that the final audits are conducted and that any

27  deficiency or questioned costs noted by the audit are

28  resolved.

29         Section 5.  Subsections (1), (4), (6), (7), (8), (11)

30  and (12) of section 311.09, Florida Statutes, are amended to

31  read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         311.09  Florida Seaport Transportation and Economic

 2  Development Council.--

 3         (1)  The Florida Seaport Transportation and Economic

 4  Development Council is created within the Department of

 5  Transportation.  The council consists of the following 17

 6  members: the port director, or the port director's designee,

 7  of each of the ports of Jacksonville, Port Canaveral, Fort

 8  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

 9  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

10  West, and Fernandina; the secretary of the Department of

11  Transportation or his or her designee as an ex officio

12  nonvoting member; the director of the Office of Tourism,

13  Trade, and Economic Development or his or her designee as an

14  ex officio nonvoting member; and the secretary of the

15  Department of Community Affairs or his or her designee as an

16  ex officio nonvoting member.

17         (4)  The council shall adopt rules for evaluating

18  projects which may be funded under ss. s. 311.07 and 320.20.

19  The rules shall provide criteria for evaluating the economic

20  benefit of the project, measured by the potential for the

21  proposed project to increase cargo flow, cruise passenger

22  movement, international commerce, port revenues, and the

23  number of jobs for the port's local community.

24         (6)  The Department of Community Affairs shall review

25  the list of projects approved by the council to determine

26  consistency with approved local government comprehensive plans

27  of the units of local government in which the port is located

28  and consistency with the port master plan.  The Department of

29  Community Affairs shall identify and notify the council of

30  those projects which are not consistent, to the maximum extent

31  feasible, with such comprehensive plans and port master plans.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  The Department of Community Affairs may overrule any action of

 2  the council approving a project.

 3         (7)  The Department of Transportation shall review the

 4  list of projects approved by the council for consistency with

 5  the Florida Transportation Plan and the department's adopted

 6  work program.  In evaluating the consistency of a project, the

 7  department shall determine whether the transportation impact

 8  of the proposed project is adequately handled by existing

 9  state-owned transportation facilities or by the construction

10  of additional state-owned transportation facilities as

11  identified in the Florida Transportation Plan and the

12  department's adopted work program.  In reviewing for

13  consistency a transportation facility project as defined in s.

14  334.03(31) which is not otherwise part of the department's

15  work program, the department shall evaluate whether the

16  project is needed to provide for projected movement of cargo

17  or passengers from the port to a state transportation facility

18  or local road.  If the project is needed to provide for

19  projected movement of cargo or passengers, the project shall

20  be approved for consistency as a consideration to facilitate

21  the economic development and growth of the state in a timely

22  manner. The Department of Transportation shall identify those

23  projects which are inconsistent with the Florida

24  Transportation Plan and the adopted work program and shall

25  notify the council of projects found to be inconsistent. The

26  Department of Transportation may overrule any action of the

27  council approving a project.

28         (8)  The Office of Tourism, Trade, and Economic

29  Development, in consultation with Enterprise Florida, Inc.,

30  shall review the list of projects approved by the council to

31  evaluate the economic benefit of the project and to determine

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  whether the project is consistent with the Florida Seaport

 2  Mission Plan.  The Office of Tourism, Trade, and Economic

 3  Development shall review the economic benefits of each project

 4  based upon the rules adopted pursuant to subsection (4).  The

 5  Office of Tourism, Trade, and Economic Development shall

 6  identify those projects which it has determined do not offer

 7  an economic benefit to the state or are not consistent with

 8  the Florida Seaport Mission Plan and shall notify the council

 9  of its findings. The Office of Tourism, Trade, and Economic

10  Development may overrule any action of the council approving a

11  project.

12         (11)  The council shall meet at the call of its

13  chairperson, at the request of a majority of its membership,

14  or at such times as may be prescribed in its bylaws.  However,

15  the council must meet at least semiannually.  A majority of

16  voting members of the council constitutes a quorum for the

17  purpose of transacting the business of the council.  All

18  members of the council are voting members except for members

19  representing the Department of Transportation; the Department

20  of Community Affairs; and the Office of Tourism, Trade, and

21  Economic Development.  A vote of the majority of the voting

22  members present is sufficient for any action of the council,

23  except that a member representing the Department of

24  Transportation, the Department of Community Affairs, or the

25  Office of Tourism, Trade, and Economic Development may

26  overrule any action of the council approving a project. The

27  unless the bylaws of the council may require a greater vote

28  for a particular action. However, such bylaws may not affect

29  the overrule authority of the Department of Transportation,

30  the Department of Community Affairs, and the Office of

31  Tourism, Trade, and Economic Development.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         (12)  Members of the council shall serve without

 2  compensation but are entitled to receive reimbursement for per

 3  diem and travel expenses as provided in s. 112.061.  The

 4  council may elect to provide an administrative staff to

 5  provide services to the council on matters relating to the

 6  Florida Seaport Transportation and Economic Development

 7  Program and the council.  The cost for such administrative

 8  services shall be paid by all ports that receive funding from

 9  the Florida Seaport Transportation and Economic Development

10  Program, based upon a pro rata formula measured by each

11  recipient's share of the funds as compared to the total funds

12  disbursed to all recipients during the year.  The share of

13  costs for administrative services shall be paid in its total

14  amount by the recipient port upon execution by the port and

15  the Department of Transportation of a joint participation

16  agreement for each council-approved project, and such payment

17  is in addition to the matching funds required to be paid by

18  the recipient port. The procurement of outside professional

19  services by the council is subject to s. 287.057 and any

20  written agreements and documentation supporting payments for

21  professional services must be retained by the council.

22         Section 6.  Subsections (3) and (4) of section 320.20,

23  Florida Statutes, are amended to read:

24         320.20  Disposition of license tax moneys.--The revenue

25  derived from the registration of motor vehicles, including any

26  delinquent fees and excluding those revenues collected and

27  distributed under the provisions of s. 320.081, must be

28  distributed monthly, as collected, as follows:

29         (3)  Notwithstanding any other provision of law except

30  subsections (1) and (2), on July 1, 1996, and annually

31  thereafter, $15 million shall be deposited in the State

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  Transportation Trust Fund solely for the purposes of funding

 2  the Florida Seaport Transportation and Economic Development

 3  Program as provided for in chapter 311.  Such revenues shall

 4  be distributed on a 50-50 matching basis to any port listed in

 5  s. 311.09(1) to be used for funding projects as described in

 6  s. 311.07(3)(b). Projects that are funded under this

 7  subsection shall be considered state fixed capital outlay

 8  projects for bonding purposes. Such revenues may be assigned,

 9  pledged, or set aside as a trust for the payment of principal

10  or interest on bonds, tax anticipation certificates, or any

11  other form of indebtedness issued by the State Board of

12  Administration, Division of Bond Finance, on behalf of any

13  ports that form a collective interlocal agreement an

14  individual port or appropriate local government having

15  jurisdiction thereof, or collectively by interlocal agreement

16  among any of the ports, or used to purchase credit support to

17  permit such borrowings. However, such debt shall not

18  constitute a general obligation of the State of Florida. Such

19  bonds in issue and series must mature 30 years from their date

20  of issuance. The state does hereby covenant with holders of

21  such revenue bonds or other instruments of indebtedness issued

22  hereunder that it will not repeal or impair or amend in any

23  manner which will materially and adversely affect the rights

24  of such holders so long as bonds authorized by this section

25  are outstanding.  Any revenues which are not pledged to the

26  repayment of bonds as authorized by this section may be

27  utilized for purposes authorized under the Florida Seaport

28  Transportation and Economic Development Program.  This revenue

29  source is in addition to any amounts provided for and

30  appropriated in accordance with s. 311.07.  The Florida

31  Seaport Transportation and Economic Development Council shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  approve distribution of funds to ports for projects which have

 2  been approved pursuant to s. 311.09(5)-(9).  The council and

 3  the Department of Transportation are authorized to perform

 4  such acts as are required to facilitate and implement the

 5  provisions of this subsection.  To better enable the ports to

 6  cooperate to their mutual advantage, the governing body of

 7  each port may exercise powers provided to municipalities or

 8  counties in s. 163.01(7)(d) subject to the provisions of

 9  chapter 311 and special acts, if any, pertaining to a port.

10  The use of funds provided pursuant to this subsection are

11  limited to eligible projects listed in this subsection.

12  Income derived from a project completed with the use of

13  program funds, beyond operating costs and debt service, shall

14  be restricted to further port capital improvements consistent

15  with maritime purposes and for no other purpose.  Use of such

16  income for nonmaritime purposes is prohibited. The provisions

17  of s. 311.07(4) do not apply to any funds received pursuant to

18  this subsection.

19         (4)  Notwithstanding any other provision of law except

20  subsections (1), (2), and (3), on July 1, 1999, and annually

21  thereafter, $10 million shall be deposited in the State

22  Transportation Trust Fund solely for the purposes of funding

23  the Florida Seaport Transportation and Economic Development

24  Program as provided in chapter 311 and for funding seaport

25  intermodal access projects of statewide significance as

26  provided in s. 341.053. Projects that are funded under this

27  subsection shall be considered state fixed capital outlay

28  projects for bonding purposes. Such revenues shall be

29  distributed to any port listed in s. 311.09(1), to be used for

30  funding projects as follows:

31         (a)  For any seaport intermodal access projects that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  are identified in the 1997-1998 Tentative Work Program of the

 2  Department of Transportation, up to the amounts needed to

 3  offset the funding requirements of this section; and

 4         (b)  For seaport intermodal access projects as

 5  described in s. 341.053(5) that are identified in the 5-year

 6  Florida Seaport Mission Plan as provided in s. 311.09(3).

 7  Funding for such projects shall be on a matching basis as

 8  mutually determined by the Florida Seaport Transportation and

 9  Economic Development Council and the Department of

10  Transportation, provided a minimum of 25 percent of total

11  project funds shall come from any port funds, local funds,

12  private funds, or specifically earmarked federal funds; or

13         (c)  On a 50-50 matching basis for projects as

14  described in s. 311.07(3)(b).

15         (d)  For seaport intermodal access projects that

16  involve the dredging or deepening of channels, turning basins,

17  or harbors; or the rehabilitation of wharves, docks, or

18  similar structures. Funding for such projects shall require a

19  25 percent match of the funds received pursuant to this

20  subsection. Matching funds shall come from any port funds,

21  federal funds, local funds, or private funds.

22

23  Such revenues may be assigned, pledged, or set aside as a

24  trust for the payment of principal or interest on bonds, tax

25  anticipation certificates, or any other form of indebtedness

26  issued by the State Board of Administration, Division of Bond

27  Finance, on behalf of any ports that form a collective

28  interlocal agreement an individual port or appropriate local

29  government having jurisdiction thereof, or collectively by

30  interlocal agreement among any of the ports, or used to

31  purchase credit support to permit such borrowings. However,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  such debt shall not constitute a general obligation of the

 2  state. Such bonds in issue and series must mature at such time

 3  not exceeding 30 years from their date of issuance. This state

 4  does hereby covenant with holders of such revenue bonds or

 5  other instruments of indebtedness issued hereunder that it

 6  will not repeal or impair or amend this subsection in any

 7  manner which will materially and adversely affect the rights

 8  of holders so long as bonds authorized by this subsection are

 9  outstanding. Any revenues that are not pledged to the

10  repayment of bonds as authorized by this section may be

11  utilized for purposes authorized under the Florida Seaport

12  Transportation and Economic Development Program. This revenue

13  source is in addition to any amounts provided for and

14  appropriated in accordance with s. 311.07 and subsection (3).

15  The Florida Seaport Transportation and Economic Development

16  Council shall approve distribution of funds to ports for

17  projects that have been approved pursuant to s. 311.09(5)-(9),

18  or for seaport intermodal access projects identified in the

19  5-year Florida Seaport Mission Plan as provided in s.

20  311.09(3) and mutually agreed upon by the FSTED Council and

21  the Department of Transportation.  All contracts for actual

22  construction of projects authorized by this subsection must

23  include a provision encouraging employment of WAGES

24  participants.  The goal for employment of WAGES participants

25  is 25 percent of all new employees employed specifically for

26  the project, unless the Department of Transportation and the

27  Florida Seaport Transportation and Economic Development

28  Council can demonstrate to the satisfaction of the Secretary

29  of Labor and Employment Security that such a requirement would

30  severely hamper the successful completion of the project. In

31  such an instance, the Secretary of Labor and Employment

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1  Security shall establish an appropriate percentage of

 2  employees that must be WAGES participants. The council and the

 3  Department of Transportation are authorized to perform such

 4  acts as are required to facilitate and implement the

 5  provisions of this subsection. To better enable the ports to

 6  cooperate to their mutual advantage, the governing body of

 7  each port may exercise powers provided to municipalities or

 8  counties in s. 163.01(7)(d) subject to the provisions of

 9  chapter 311 and special acts, if any, pertaining to a port.

10  The use of funds provided pursuant to this subsection is

11  limited to eligible projects listed in this subsection. The

12  provisions of s. 311.07(4) do not apply to any funds received

13  pursuant to this subsection.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, lines 15-16, delete those lines

19

20  and insert:

21         rules; creating s. 215.617, F.S.; providing for

22         the issuance of bonds by the Division of Bond

23         Finance; amending s. 311.07, F.S.; expanding

24         the use of certain seaport funds; providing for

25         a final audit of funds; amending s. 311.09,

26         F.S.; providing overrule authority to certain

27         state agencies; providing voting membership to

28         certain state agencies; providing requirements

29         for the procurement of professional services;

30         amending s. 320.20, F.S.; providing certain

31         projects are fixed capital outlay projects;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1368

    Amendment No.    





 1         providing bonding authority; providing a

 2         timeframe for bond maturity; amending ss.

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