Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
CHAMBER ACTION
Senate House
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3 Floor: 6/AD/2R .
05/03/2006 12:29 PM .
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11 Senator King moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 14, between lines 26 and 27,
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16 insert:
17 Section 7. Subsection (1) of section 311.22, Florida
18 Statutes, is amended to read:
19 311.22 Additional authorization for funding certain
20 dredging projects.--
21 (1) The Florida Seaport Transportation and Economic
22 Development Council shall establish a program to fund dredging
23 projects in counties having a population of fewer than 300,000
24 according to the last official census. Funds made available
25 under this program may be used to fund approved projects for
26 the dredging or deepening of channels, turning basins, or
27 harbors on a 25-percent local 50-50 matching basis with any
28 port authority, as such term is defined in s. 315.02(2), which
29 complies with the permitting requirements in part IV of
30 chapter 373 and the local financial management and reporting
31 provisions of part III of chapter 218.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 Section 8. Section 320.20, Florida Statutes, is
2 amended to read:
3 320.20 Disposition of license tax moneys.--The revenue
4 derived from the registration of motor vehicles, including any
5 delinquent fees and excluding those revenues collected and
6 distributed under the provisions of s. 320.081, must be
7 distributed monthly, as collected, as follows:
8 (1) The first proceeds, to the extent necessary to
9 comply with the provisions of s. 18, Art. XII of the State
10 Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968
11 revised constitution, and the additional provisions of s. 9(d)
12 and s. 1010.57, must be deposited in the district Capital
13 Outlay and Debt Service School Trust Fund.
14 (2) Twenty-five million dollars per year of such
15 revenues must be deposited in the State Transportation Trust
16 Fund, with priority use assigned to completion of the
17 interstate highway system. However, any excess funds may be
18 utilized for general transportation purposes, consistent with
19 the Department of Transportation's legislatively approved
20 objectives.
21 (3) Notwithstanding any other provision of law except
22 subsections (1) and (2), on July 1, 1996, and annually
23 thereafter, $15 million shall be deposited in the State
24 Transportation Trust Fund solely for the purposes of funding
25 the Florida Seaport Transportation and Economic Development
26 Program as provided for in chapter 311. Such revenues shall
27 be distributed to any port listed in s. 311.09(1), to be used
28 for funding projects as follows:
29 (a) For any seaport intermodal access projects that
30 are identified in the tentative work program of the Department
31 of Transportation for the 2006-2007 to 2010-2011 fiscal years,
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 up to the amounts needed to offset the funding requirements of
2 this section.
3 (b) For seaport intermodal access projects as
4 described in s. 341.053(5) which are identified in the 5-year
5 Florida Seaport Mission Plan as provided in s. 311.09(3),
6 funding shall require at least a 25-percent match of the funds
7 received pursuant to this subsection. Matching funds shall
8 come from any port funds, federal funds, local funds, or
9 private funds.
10 (c) For seaport projects as described in s.
11 311.07(3)(b), funds shall be provided on a 50-50 matching
12 basis.
13 (d) For seaport intermodal access projects that
14 involve the dredging or deepening of channels, turning basins,
15 or harbors, or the construction or rehabilitation of wharves,
16 docks, or similar structures, funding shall require at least a
17 25-percent match of the funds received pursuant to this
18 subsection. Matching funds shall come from any port funds,
19 federal funds, local funds, or private funds. on a 50-50
20 matching basis to any port listed in s. 311.09(1) to be used
21 for funding projects as described in s. 311.07(3)(b).
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 an individual port or appropriate local government
27 having jurisdiction thereof, or collectively by interlocal
28 agreement among any of the ports, or used to purchase credit
29 support to permit such borrowings. However, such debt shall
30 not constitute a general obligation of the State of Florida.
31 The state does hereby covenant with holders of such revenue
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 bonds or other instruments of indebtedness issued hereunder
2 that it will not repeal or impair or amend in any manner which
3 will materially and adversely affect the rights of such
4 holders so long as bonds authorized by this section are
5 outstanding. Any revenues which are not pledged to the
6 repayment of bonds as authorized by this section may be
7 utilized for purposes authorized under the Florida Seaport
8 Transportation and Economic Development Program. This revenue
9 source is in addition to any amounts provided for and
10 appropriated in accordance with s. 311.07. The Florida
11 Seaport Transportation and Economic Development Council shall
12 submit to the Department of Transportation a list of strategic
13 transportation, economic development, and freight mobility
14 projects that contribute to the economic growth of the state
15 and that approve distribution of funds to ports for projects
16 which have been approved pursuant to s. 311.09(5)-(9). The
17 council and the Department of Transportation shall mutually
18 agree upon the prioritization and selection of projects for
19 funding. The Department of Transportation shall include the
20 selected projects for funding in the tentative work program
21 developed pursuant to s. 339.135. The council and the
22 Department of Transportation are authorized to perform such
23 acts as are required to facilitate and implement the
24 provisions of this subsection, including the funding of
25 approved projects by the use of other state funding programs,
26 local contributions from seaports, and the creative use of
27 federal funds. To better enable the ports to cooperate to
28 their mutual advantage, the governing body of each port may
29 exercise powers provided to municipalities or counties in s.
30 163.01(7)(d) subject to the provisions of chapter 311 and
31 special acts, if any, pertaining to a port. The use of funds
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 provided pursuant to this subsection are limited to eligible
2 projects listed in this subsection. Income derived from a
3 project completed with the use of program funds, beyond
4 operating costs and debt service, shall be restricted to
5 further port capital improvements consistent with maritime
6 purposes and for no other purpose. Use of such income for
7 nonmaritime purposes is prohibited. The provisions of s.
8 311.07(4) do not apply to any funds received pursuant to this
9 subsection. The revenues available under this subsection shall
10 not be pledged to the payment of any bonds other than the
11 Florida Ports Financing Commission Series 1996 and Series 1999
12 Bonds currently outstanding; provided, however, such revenues
13 may be pledged to secure payment of refunding bonds to
14 refinance the Florida Ports Financing Commission Series 1996
15 and Series 1999 Bonds. No refunding bonds secured by revenues
16 available under this subsection may be issued with a final
17 maturity later than the final maturity of the Florida Ports
18 Financing Commission Series 1996 and Series 1999 Bonds or
19 which provide for higher debt service in any year than is
20 currently payable on such bonds. Any revenue bonds or other
21 indebtedness issued after July 1, 2000, including other than
22 refunding bonds, shall be issued by the Division of Bond
23 Finance at the request of the Department of Transportation
24 pursuant to the State Bond Act.
25 (4) Notwithstanding any other provision of law except
26 subsections (1), (2), and (3), on July 1, 1999, and annually
27 thereafter, $10 million shall be deposited in the State
28 Transportation Trust Fund solely for the purposes of funding
29 the Florida Seaport Transportation and Economic Development
30 Program as provided in chapter 311 and for funding seaport
31 intermodal access projects of statewide significance as
5
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 provided in s. 341.053. Such revenues shall be distributed to
2 any port listed in s. 311.09(1), to be used for funding
3 projects as follows:
4 (a) For any seaport intermodal access projects that
5 are identified in the 1997-1998 Tentative Work Program of the
6 Department of Transportation, up to the amounts needed to
7 offset the funding requirements of this section.
8 (b) For seaport intermodal access projects as
9 described in s. 341.053(5) that are identified in the 5-year
10 Florida Seaport Mission Plan as provided in s. 311.09(3).
11 Funding for such projects shall be on a matching basis as
12 mutually determined by the Florida Seaport Transportation and
13 Economic Development Council and the Department of
14 Transportation, provided a minimum of 25 percent of total
15 project funds shall come from any port funds, local funds,
16 private funds, or specifically earmarked federal funds.
17 (c) On a 50-50 matching basis for projects as
18 described in s. 311.07(3)(b).
19 (d) For seaport intermodal access projects that
20 involve the dredging or deepening of channels, turning basins,
21 or harbors,; or the construction or rehabilitation of wharves,
22 docks, or similar structures. Funding for such projects shall
23 require a 25-percent match of the funds received pursuant to
24 this subsection. Matching funds shall come from any port
25 funds, federal funds, local funds, or private funds.
26
27 Such revenues may be assigned, pledged, or set aside as a
28 trust for the payment of principal or interest on bonds, tax
29 anticipation certificates, or any other form of indebtedness
30 issued by an individual port or appropriate local government
31 having jurisdiction thereof, or collectively by interlocal
6
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 agreement among any of the ports, or used to purchase credit
2 support to permit such borrowings. However, such debt shall
3 not constitute a general obligation of the state. 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 submit to the Department of Transportation a
17 list of strategic transportation, economic development, and
18 freight mobility projects that contribute to the economic
19 growth of the state and that approve distribution of funds to
20 ports for projects that have been approved pursuant to s.
21 311.09(5)-(9), or that have been approved for seaport
22 intermodal access projects identified in the 5-year Florida
23 Seaport Mission Plan as provided in s. 311.09(3) and mutually
24 agreed upon by the FSTED Council and the Department of
25 Transportation. The council and the Department of
26 Transportation shall mutually agree upon the prioritization
27 and selection of projects for funding. The Department of
28 Transportation shall include the selected projects for funding
29 in the tentative work program developed pursuant to s.
30 339.135. All contracts for actual construction of projects
31 authorized by this subsection must include a provision
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 encouraging employment of participants in the welfare
2 transition program. The goal for employment of participants in
3 the welfare transition program is 25 percent of all new
4 employees employed specifically for the project, unless the
5 Department of Transportation and the Florida Seaport
6 Transportation and Economic Development Council demonstrate
7 that such a requirement would severely hamper the successful
8 completion of the project. In such an instance, Workforce
9 Florida, Inc., shall establish an appropriate percentage of
10 employees that must be participants in the welfare transition
11 program. The council and the Department of Transportation are
12 authorized to perform such acts as are required to facilitate
13 and implement the provisions of this subsection, including the
14 funding of approved projects by the use of other state funding
15 programs, local contributions from seaports, and the creative
16 use of federal funds. To better enable the ports to cooperate
17 to their mutual advantage, the governing body of each port may
18 exercise powers provided to municipalities or counties in s.
19 163.01(7)(d) subject to the provisions of chapter 311 and
20 special acts, if any, pertaining to a port. The use of funds
21 provided pursuant to this subsection is limited to eligible
22 projects listed in this subsection. The provisions of s.
23 311.07(4) do not apply to any funds received pursuant to this
24 subsection. The revenues available under this subsection shall
25 not be pledged to the payment of any bonds other than the
26 Florida Ports Financing Commission Series 1996 and Series 1999
27 Bonds currently outstanding; provided, however, such revenues
28 may be pledged to secure payment of refunding bonds to
29 refinance the Florida Ports Financing Commission Series 1996
30 and Series 1999 Bonds. No refunding bonds secured by revenues
31 available under this subsection may be issued with a final
8
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 maturity later than the final maturity of the Florida Ports
2 Financing Commission Series 1996 and Series 1999 Bonds or
3 which provide for higher debt service in any year than is
4 currently payable on such bonds. Any revenue bonds or other
5 indebtedness issued after July 1, 2000, including other than
6 refunding bonds, shall be issued by the Division of Bond
7 Finance at the request of the Department of Transportation
8 pursuant to the State Bond Act.
9 (5) Notwithstanding any other provision of law except
10 subsections (1), (2), (3), and (4), on July 1, 2006, and
11 annually thereafter, $5 million shall be deposited in the
12 State Transportation Trust Fund solely for the purposes of
13 funding the Florida Seaport Transportation and Economic
14 Development Program as provided in chapter 311 and for funding
15 seaport intermodal access projects of statewide significance
16 as provided in s. 341.053. Such revenues shall be distributed
17 to any port listed in s. 311.09(1), to be used for funding
18 projects as follows:
19 (a) For any seaport intermodal access projects that
20 are identified in the Tentative Work Program of the Department
21 of Transportation for the 2006-2007 to 2010-2011 fiscal years,
22 up to the amounts needed to offset the funding requirements of
23 this section.
24 (b) For seaport intermodal access projects as
25 described in s. 341.053(5) which are identified in the 5-year
26 Florida Seaport Mission Plan as provided in s. 311.09(3),
27 funding shall require at least a 25-percent match of the funds
28 received pursuant to this subsection. Matching funds shall
29 come from any port funds, federal funds, local funds, or
30 private funds.
31 (c) For seaport projects as described in s.
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1 311.07(3)(b), funds shall be provided on a 50-50 matching
2 basis.
3 (d) For seaport intermodal access projects that
4 involve the dredging or deepening of channels, turning basins,
5 or harbors, or the construction or rehabilitation of wharves,
6 docks, or similar structures, funding shall require at least a
7 25-percent match of the funds received pursuant to this
8 subsection. Matching funds shall come from any port funds,
9 federal funds, local funds, or private funds.
10
11 Such revenues may be assigned, pledged, or set aside as a
12 trust for the payment of principal or interest on bonds, tax
13 anticipation certificates, or any other form of indebtedness
14 issued by the Division of Bond Finance at the request of the
15 Department of Transportation pursuant to the State Bond Act.
16 However, such debt does not constitute a general obligation of
17 the state. This state covenants with holders of such revenue
18 bonds or other instruments of indebtedness issued under this
19 subsection that it will not repeal or impair or amend this
20 subsection in any manner that will materially and adversely
21 affect the rights of holders so long as bonds authorized by
22 this subsection are outstanding. Any revenues that are not
23 pledged to the repayment of bonds as authorized by this
24 subsection may be used for purposes authorized under the
25 Florida Seaport Transportation and Economic Development
26 Program. This revenue source is in addition to any amounts
27 provided for and appropriated in accordance with s. 311.07 and
28 subsections (3) and (4). The Florida Seaport Transportation
29 and Economic Development Council shall submit to the
30 Department of Transportation a list of strategic
31 transportation, economic development, and freight mobility
10
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
Barcode 732680
1 projects that contribute to the economic growth of the state
2 and that have been approved pursuant to s. 311.09(5)-(9), or
3 that have been approved for seaport intermodal access projects
4 identified in the 5-year Florida Seaport Mission Plan as
5 provided in s. 311.09(3). The council and the Department of
6 Transportation shall mutually agree upon the prioritization
7 and selection of projects for funding. The Department of
8 Transportation shall include the selected projects for funding
9 in the tentative work program developed pursuant to s.
10 339.135. The council and the Department of Transportation may
11 perform such acts as are required to facilitate and implement
12 the provisions of this subsection, including the funding of
13 approved projects by the use of other state funding programs,
14 local contributions from seaports, and the creative use of
15 federal funds. To better enable the ports to cooperate to
16 their mutual advantage, the governing body of each port may
17 exercise powers provided to municipalities or counties in s.
18 163.01(7)(d), subject to the provisions of chapter 311 and
19 special acts, if any, pertaining to the port. The use of funds
20 provided under this subsection is limited to eligible projects
21 listed in this subsection. Section 311.07(4) does not apply to
22 any funds received pursuant to this subsection.
23 (6)(a)(5)(a) Except as provided in paragraph (c), the
24 remainder of such revenues must be deposited in the State
25 Transportation Trust Fund.
26 (b) The Chief Financial Officer each month shall
27 deposit in the State Transportation Trust Fund an amount,
28 drawn from other funds in the State Treasury which are not
29 immediately needed or are otherwise in excess of the amount
30 necessary to meet the requirements of the State Treasury,
31 which when added to such remaining revenues each month will
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 equal one-twelfth of the amount of the anticipated annual
2 revenues to be deposited in the State Transportation Trust
3 Fund under paragraph (a) as determined by the Chief Financial
4 Officer after consultation with the revenue estimating
5 conference held pursuant to s. 216.136(3). The transfers
6 required hereunder may be suspended by action of the
7 Legislative Budget Commission in the event of a significant
8 shortfall of state revenues.
9 (c) In any month in which the remaining revenues
10 derived from the registration of motor vehicles exceed
11 one-twelfth of those anticipated annual remaining revenues as
12 determined by the Chief Financial Officer after consultation
13 with the revenue estimating conference, the excess shall be
14 credited to those state funds in the State Treasury from which
15 the amount was originally drawn, up to the amount which was
16 deposited in the State Transportation Trust Fund under
17 paragraph (b). A final adjustment must be made in the last
18 months of a fiscal year so that the total revenue deposited in
19 the State Transportation Trust Fund each year equals the
20 amount derived from the registration of motor vehicles, less
21 the amount distributed under subsection (1). For the purposes
22 of this paragraph and paragraph (b), the term "remaining
23 revenues" means all revenues deposited into the State
24 Transportation Trust Fund under paragraph (a) and subsections
25 (2) and (3). In order that interest earnings continue to
26 accrue to the General Revenue Fund, the Department of
27 Transportation may not invest an amount equal to the
28 cumulative amount of funds deposited in the State
29 Transportation Trust Fund under paragraph (b) less funds
30 credited under this paragraph as computed on a monthly basis.
31 The amounts to be credited under this and the preceding
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 paragraph must be calculated and certified to the Chief
2 Financial Officer by the Executive Office of the Governor.
3
4 (Redesignate subsequent sections.)
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 2, line 4, after the first semicolon,
10
11 insert:
12 amending s. 311.22, F.S.; revising the funding
13 for certain dredging projects; amending s.
14 320.20, F.S.; revising the distribution of
15 license tax moneys deposited in the State
16 Transportation Trust Fund for the funding of
17 the Florida Seaport Transportation and Economic
18 Development program and certain seaport
19 intermodal access projects; requiring the
20 Florida Seaport Transportation and Economic
21 Development Council to submit a list of certain
22 freight mobility projects to the Department of
23 Transportation; requiring the council and the
24 department to agree upon the projects selected
25 for funding; requiring the department to
26 include the selected projects for funding in
27 the tentative work program; providing that
28 refunding bonds shall be issued by the Division
29 of Bond Finance at the request of the
30 department; providing for funding the
31 construction of wharves and docks; requiring
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1766
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1 that a certain sum of money be deposited in the
2 State Transportation Trust Fund for the funding
3 of the Florida Seaport Transportation and
4 Economic Development program and certain
5 seaport intermodal access projects; providing
6 for distribution of revenues for the funding of
7 certain seaport intermodal access projects;
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