| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (075339) (with title |
| 4 | amendment) |
| 5 | Between lines 1393 and 1394, insert: |
| 6 | Section 18. Subsection (1) of section 311.22, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 311.22 Additional authorization for funding certain |
| 9 | dredging projects.-- |
| 10 | (1) The Florida Seaport Transportation and Economic |
| 11 | Development Council shall establish a program to fund dredging |
| 12 | projects in counties having a population of fewer than 300,000 |
| 13 | according to the last official census. Funds made available |
| 14 | under this program may be used to fund approved projects for the |
| 15 | dredging or deepening of channels, turning basins, or harbors on |
| 16 | a 25-percent local 50-50 matching basis with any port authority, |
| 17 | as such term is defined in s. 315.02(2), which complies with the |
| 18 | permitting requirements in part IV of chapter 373 and the local |
| 19 | financial management and reporting provisions of part III of |
| 20 | chapter 218. |
| 21 | Section 19. Section 320.20, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 320.20 Disposition of license tax moneys.--The revenue |
| 24 | derived from the registration of motor vehicles, including any |
| 25 | delinquent fees and excluding those revenues collected and |
| 26 | distributed under the provisions of s. 320.081, must be |
| 27 | distributed monthly, as collected, as follows: |
| 28 | (1) The first proceeds, to the extent necessary to comply |
| 29 | with the provisions of s. 18, Art. XII of the State Constitution |
| 30 | of 1885, as adopted by s. 9(d), Art. XII, 1968 revised |
| 31 | constitution, and the additional provisions of s. 9(d) and s. |
| 32 | 1010.57, must be deposited in the district Capital Outlay and |
| 33 | Debt Service School Trust Fund. |
| 34 | (2) Twenty-five million dollars per year of such revenues |
| 35 | must be deposited in the State Transportation Trust Fund, with |
| 36 | priority use assigned to completion of the interstate highway |
| 37 | system. However, any excess funds may be utilized for general |
| 38 | transportation purposes, consistent with the Department of |
| 39 | Transportation's legislatively approved objectives. |
| 40 | (3) Notwithstanding any other provision of law except |
| 41 | subsections (1) and (2), on July 1, 1996, and annually |
| 42 | thereafter, $15 million shall be deposited in the State |
| 43 | Transportation Trust Fund solely for the purposes of funding the |
| 44 | Florida Seaport Transportation and Economic Development Program |
| 45 | as provided for in chapter 311. Upon the issuance of bonds |
| 46 | pursuant to s. 311.23 which legally defease all outstanding |
| 47 | Florida Ports Financing Commission Series 1996 and 1999 Bonds, |
| 48 | such deposit shall be subject to appropriation. Such revenues |
| 49 | shall be distributed to any port listed in s. 311.09(1), to be |
| 50 | used for funding projects as follows: |
| 51 | (a) For any seaport intermodal access projects that are |
| 52 | identified in the tentative work program of the Department of |
| 53 | Transportation for the 2007-2008 to 2011-2012 fiscal years, up |
| 54 | to the amounts needed to offset the funding requirements of this |
| 55 | section. |
| 56 | (b) For seaport intermodal access projects as described in |
| 57 | s. 341.053(6) which are identified in the 5-year Florida Seaport |
| 58 | Mission Plan as provided in s. 311.09(3), funding shall require |
| 59 | at least a 25-percent match of the funds received pursuant to |
| 60 | this subsection. Matching funds shall come from any port funds, |
| 61 | federal funds, local funds, or private funds. |
| 62 | (c) For seaport projects as described in s. 311.07(3)(b), |
| 63 | funds shall be provided on a 50-50 matching basis. |
| 64 | (d) For seaport intermodal access projects that involve |
| 65 | the dredging or deepening of channels, turning basins, or |
| 66 | harbors, or the construction or rehabilitation of wharves, |
| 67 | docks, or similar structures, funding shall require at least a |
| 68 | 25-percent match of the funds received pursuant to this |
| 69 | subsection. Matching funds shall come from any port funds, |
| 70 | federal funds, local funds, or private funds. on a 50-50 |
| 71 | matching basis to any port listed in s. 311.09(1) to be used for |
| 72 | funding projects as described in s. 311.07(3)(b). |
| 73 |
|
| 74 | Such revenues may be assigned, pledged, or set aside as a trust |
| 75 | for the payment of principal or interest on bonds issued |
| 76 | pursuant to s. 311.23, tax anticipation certificates, or any |
| 77 | other form of indebtedness issued by an individual port or |
| 78 | appropriate local government having jurisdiction thereof, or |
| 79 | collectively by interlocal agreement among any of the ports, or |
| 80 | used to purchase credit support to permit such borrowings. |
| 81 | However, such debt shall not constitute a general obligation of |
| 82 | the State of Florida. The state does hereby covenant with |
| 83 | holders of such revenue bonds or other instruments of |
| 84 | indebtedness issued hereunder that it will not repeal or impair |
| 85 | or amend in any manner which will materially and adversely |
| 86 | affect the rights of such holders so long as bonds authorized by |
| 87 | this section are outstanding. Any revenues which are not |
| 88 | pledged to the repayment of bonds as authorized by this section |
| 89 | may be utilized for purposes authorized under the Florida |
| 90 | Seaport Transportation and Economic Development Program. This |
| 91 | revenue source is in addition to any amounts provided for and |
| 92 | appropriated in accordance with s. 311.07. The Florida Seaport |
| 93 | Transportation and Economic Development Council shall submit to |
| 94 | the Department of Transportation a list of strategic |
| 95 | transportation, economic development, and freight mobility |
| 96 | projects that contribute to the economic growth of the state and |
| 97 | that approve distribution of funds to ports for projects which |
| 98 | have been approved pursuant to s. 311.09(5)-(9). The council and |
| 99 | the Department of Transportation shall mutually agree upon the |
| 100 | prioritization and selection of projects for funding. The |
| 101 | Department of Transportation shall include the selected projects |
| 102 | for funding in the tentative work program developed pursuant to |
| 103 | s. 339.135. The council and the Department of Transportation are |
| 104 | authorized to perform such acts as are required to facilitate |
| 105 | and implement the provisions of this subsection, including the |
| 106 | funding of approved projects by the use of other state funding |
| 107 | programs, local contributions from seaports, and the creative |
| 108 | use of federal funds. To better enable the ports to cooperate to |
| 109 | their mutual advantage, the governing body of each port may |
| 110 | exercise powers provided to municipalities or counties in s. |
| 111 | 163.01(7)(d) subject to the provisions of chapter 311 and |
| 112 | special acts, if any, pertaining to a port. The use of funds |
| 113 | provided pursuant to this subsection are limited to eligible |
| 114 | projects listed in this subsection. Income derived from a |
| 115 | project completed with the use of program funds, beyond |
| 116 | operating costs and debt service, shall be restricted to further |
| 117 | port capital improvements consistent with maritime purposes and |
| 118 | for no other purpose. Use of such income for nonmaritime |
| 119 | purposes is prohibited. The provisions of s. 311.07(4) do not |
| 120 | apply to any funds received pursuant to this subsection. The |
| 121 | revenues available under this subsection shall not be pledged to |
| 122 | the payment of any bonds other than the Florida Ports Financing |
| 123 | Commission Series 1996 and Series 1999 Bonds currently |
| 124 | outstanding; provided, however, such revenues may be pledged to |
| 125 | secure payment of refunding bonds to refinance the Florida Ports |
| 126 | Financing Commission Series 1996 and Series 1999 Bonds. The |
| 127 | Department of Transportation is authorized, pursuant to s. |
| 128 | 311.23, to request the issuance of bonds pledging the revenues |
| 129 | provided in this subsection and subsection (4), including bonds |
| 130 | issued to refund the Florida Ports Financing Commission Series |
| 131 | 1996 and Series 1999 Bonds. All bonds issued pursuant to this |
| 132 | subsection shall mature not later than June 1, 2037. No |
| 133 | refunding bonds secured by revenues available under this |
| 134 | subsection may be issued with a final maturity later than the |
| 135 | final maturity of the Florida Ports Financing Commission Series |
| 136 | 1996 and Series 1999 Bonds or which provide for higher debt |
| 137 | service in any year than is currently payable on such bonds. Any |
| 138 | revenue bonds or other indebtedness issued after July 1, 2000, |
| 139 | other than refunding bonds shall be issued by the Division of |
| 140 | Bond Finance at the request of the Department of Transportation |
| 141 | pursuant to the State Bond Act. |
| 142 | (4) Notwithstanding any other provision of law except |
| 143 | subsections (1), (2), and (3), on July 1, 1999, and annually |
| 144 | thereafter, $10 million shall be deposited in the State |
| 145 | Transportation Trust Fund solely for the purposes of funding the |
| 146 | Florida Seaport Transportation and Economic Development Program |
| 147 | as provided in chapter 311 and for funding seaport intermodal |
| 148 | access projects of statewide significance as provided in s. |
| 149 | 341.053. Upon the issuance of bonds pursuant to s. 311.23 which |
| 150 | legally defease all outstanding Florida Ports Financing |
| 151 | Commission Series 1996 and 1999 Bonds, such deposit shall be |
| 152 | subject to appropriation. Such revenues shall be distributed to |
| 153 | any port listed in s. 311.09(1), to be used for funding projects |
| 154 | as follows: |
| 155 | (a) For any seaport intermodal access projects that are |
| 156 | identified in the 1997-1998 Tentative Work Program of the |
| 157 | Department of Transportation, up to the amounts needed to offset |
| 158 | the funding requirements of this section. |
| 159 | (b) For seaport intermodal access projects as described in |
| 160 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
| 161 | Mission Plan as provided in s. 311.09(3). Funding for such |
| 162 | projects shall be on a matching basis as mutually determined by |
| 163 | the Florida Seaport Transportation and Economic Development |
| 164 | Council and the Department of Transportation, provided a minimum |
| 165 | of 25 percent of total project funds shall come from any port |
| 166 | funds, local funds, private funds, or specifically earmarked |
| 167 | federal funds. |
| 168 | (c) On a 50-50 matching basis for projects as described in |
| 169 | s. 311.07(3)(b). |
| 170 | (d) For seaport intermodal access projects that involve |
| 171 | the dredging or deepening of channels, turning basins, or |
| 172 | harbors,; or the construction or rehabilitation of wharves, |
| 173 | docks, or similar structures. Funding for such projects shall |
| 174 | require a 25-percent 25 percent match of the funds received |
| 175 | pursuant to this subsection. Matching funds shall come from any |
| 176 | port funds, federal funds, local funds, or private funds. |
| 177 |
|
| 178 | Such revenues may be assigned, pledged, or set aside as a trust |
| 179 | for the payment of principal or interest on bonds issued |
| 180 | pursuant to s. 311.23, tax anticipation certificates, or any |
| 181 | other form of indebtedness issued by an individual port or |
| 182 | appropriate local government having jurisdiction thereof, or |
| 183 | collectively by interlocal agreement among any of the ports, or |
| 184 | used to purchase credit support to permit such borrowings. |
| 185 | However, such debt shall not constitute a general obligation of |
| 186 | the state. This state does hereby covenant with holders of such |
| 187 | revenue bonds or other instruments of indebtedness issued |
| 188 | hereunder that it will not repeal or impair or amend this |
| 189 | subsection in any manner which will materially and adversely |
| 190 | affect the rights of holders so long as bonds authorized by this |
| 191 | subsection are outstanding. Any revenues that are not pledged to |
| 192 | the repayment of bonds as authorized by this section may be |
| 193 | utilized for purposes authorized under the Florida Seaport |
| 194 | Transportation and Economic Development Program. This revenue |
| 195 | source is in addition to any amounts provided for and |
| 196 | appropriated in accordance with s. 311.07 and subsection (3). |
| 197 | The Florida Seaport Transportation and Economic Development |
| 198 | Council shall submit to the Department of Transportation a list |
| 199 | of strategic transportation, economic development, and freight |
| 200 | mobility projects that contribute to the economic growth of the |
| 201 | state and approve distribution of funds to ports for projects |
| 202 | that have been approved pursuant to s. 311.09(5)-(9), or that |
| 203 | have been approved for seaport intermodal access projects |
| 204 | identified in the 5-year Florida Seaport Mission Plan as |
| 205 | provided in s. 311.09(3) and mutually agreed upon by the FSTED |
| 206 | Council and the Department of Transportation. The council and |
| 207 | the Department of Transportation shall mutually agree upon the |
| 208 | prioritization and selection of projects for funding. The |
| 209 | Department of Transportation shall include the selected projects |
| 210 | for funding in the tentative work program developed pursuant to |
| 211 | s. 339.135. All contracts for actual construction of projects |
| 212 | authorized by this subsection must include a provision |
| 213 | encouraging employment of participants in the welfare transition |
| 214 | program. The goal for employment of participants in the welfare |
| 215 | transition program is 25 percent of all new employees employed |
| 216 | specifically for the project, unless the Department of |
| 217 | Transportation and the Florida Seaport Transportation and |
| 218 | Economic Development Council demonstrate that such a requirement |
| 219 | would severely hamper the successful completion of the project. |
| 220 | In such an instance, Workforce Florida, Inc., shall establish an |
| 221 | appropriate percentage of employees that must be participants in |
| 222 | the welfare transition program. The council and the Department |
| 223 | of Transportation are authorized to perform such acts as are |
| 224 | required to facilitate and implement the provisions of this |
| 225 | subsection, including the funding of approved projects by the |
| 226 | use of other state funding programs, local contributions from |
| 227 | seaports, and the creative use of federal funds. To better |
| 228 | enable the ports to cooperate to their mutual advantage, the |
| 229 | governing body of each port may exercise powers provided to |
| 230 | municipalities or counties in s. 163.01(7)(d) subject to the |
| 231 | provisions of chapter 311 and special acts, if any, pertaining |
| 232 | to a port. The use of funds provided pursuant to this subsection |
| 233 | is limited to eligible projects listed in this subsection. The |
| 234 | provisions of s. 311.07(4) do not apply to any funds received |
| 235 | pursuant to this subsection. The revenues available under this |
| 236 | subsection shall not be pledged to the payment of any bonds |
| 237 | other than the Florida Ports Financing Commission Series 1996 |
| 238 | and Series 1999 Bonds currently outstanding; provided, however, |
| 239 | such revenues may be pledged to secure payment of refunding |
| 240 | bonds to refinance the Florida Ports Financing Commission Series |
| 241 | 1996 and Series 1999 Bonds. The Department of Transportation is |
| 242 | authorized, pursuant to s. 311.23, to request the issuance of |
| 243 | bonds pledging the revenues provided in subsection (3) and this |
| 244 | subsection, including bonds issued to refund the Florida Ports |
| 245 | Financing Commission Series 1996 and Series 1999 Bonds. All |
| 246 | bonds issued pursuant to this subsection shall mature not later |
| 247 | than June 1, 2037. No refunding bonds secured by revenues |
| 248 | available under this subsection may be issued with a final |
| 249 | maturity later than the final maturity of the Florida Ports |
| 250 | Financing Commission Series 1996 and Series 1999 Bonds or which |
| 251 | provide for higher debt service in any year than is currently |
| 252 | payable on such bonds. Any revenue bonds or other indebtedness |
| 253 | issued after July 1, 2000, other than refunding bonds shall be |
| 254 | issued by the Division of Bond Finance at the request of the |
| 255 | Department of Transportation pursuant to the State Bond Act. |
| 256 | (5)(a) Except as provided in paragraph (c), the remainder |
| 257 | of such revenues must be deposited in the State Transportation |
| 258 | Trust Fund. |
| 259 | (b) The Chief Financial Officer each month shall deposit |
| 260 | in the State Transportation Trust Fund an amount, drawn from |
| 261 | other funds in the State Treasury which are not immediately |
| 262 | needed or are otherwise in excess of the amount necessary to |
| 263 | meet the requirements of the State Treasury, which when added to |
| 264 | such remaining revenues each month will equal one-twelfth of the |
| 265 | amount of the anticipated annual revenues to be deposited in the |
| 266 | State Transportation Trust Fund under paragraph (a) as |
| 267 | determined by the Chief Financial Officer after consultation |
| 268 | with the revenue estimating conference held pursuant to s. |
| 269 | 216.136(3). The transfers required hereunder may be suspended by |
| 270 | action of the Legislative Budget Commission in the event of a |
| 271 | significant shortfall of state revenues. |
| 272 | (c) In any month in which the remaining revenues derived |
| 273 | from the registration of motor vehicles exceed one-twelfth of |
| 274 | those anticipated annual remaining revenues as determined by the |
| 275 | Chief Financial Officer after consultation with the revenue |
| 276 | estimating conference, the excess shall be credited to those |
| 277 | state funds in the State Treasury from which the amount was |
| 278 | originally drawn, up to the amount which was deposited in the |
| 279 | State Transportation Trust Fund under paragraph (b). A final |
| 280 | adjustment must be made in the last months of a fiscal year so |
| 281 | that the total revenue deposited in the State Transportation |
| 282 | Trust Fund each year equals the amount derived from the |
| 283 | registration of motor vehicles, less the amount distributed |
| 284 | under subsection (1). For the purposes of this paragraph and |
| 285 | paragraph (b), the term "remaining revenues" means all revenues |
| 286 | deposited into the State Transportation Trust Fund under |
| 287 | paragraph (a) and subsections (2) and (3). In order that |
| 288 | interest earnings continue to accrue to the General Revenue |
| 289 | Fund, the Department of Transportation may not invest an amount |
| 290 | equal to the cumulative amount of funds deposited in the State |
| 291 | Transportation Trust Fund under paragraph (b) less funds |
| 292 | credited under this paragraph as computed on a monthly basis. |
| 293 | The amounts to be credited under this and the preceding |
| 294 | paragraph must be calculated and certified to the Chief |
| 295 | Financial Officer by the Executive Office of the Governor. |
| 296 | Section 20. Section 311.23, Florida Statutes, is created |
| 297 | to read: |
| 298 | 311.23 Florida Seaport Finance Corporation.-- |
| 299 | (1)(a) There is created a public benefits corporation, |
| 300 | which is an instrumentality of the state, to be known as the |
| 301 | Florida Seaport Finance Corporation. |
| 302 | (b) The corporation shall operate under a five-member |
| 303 | board of directors consisting of the Governor or a designee, the |
| 304 | Chief Financial Officer or a designee, the Attorney General or a |
| 305 | designee, the Director of the Division of Bond Finance of the |
| 306 | State Board of Administration, and the Secretary of the |
| 307 | Department of Transportation. The Director of the Division of |
| 308 | Bond Finance shall be the chief executive officer of the |
| 309 | corporation, shall direct and supervise the administrative |
| 310 | affairs of the corporation and shall control, direct, and |
| 311 | supervise the operation of the corporation. The corporation |
| 312 | shall also have such other officers as are determined by the |
| 313 | board of directors. |
| 314 | (2) The corporation shall have all the powers of a |
| 315 | corporate body under the laws of the state, including, but not |
| 316 | limited to, chapters 607 and 617, to the extent not inconsistent |
| 317 | with or restricted by the provisions of this section, including, |
| 318 | but not limited to, the power to: |
| 319 | (a) Adopt, amend, and repeal bylaws not inconsistent with |
| 320 | this section. |
| 321 | (b) Sue and be sued. |
| 322 | (c) Adopt and use a common seal. |
| 323 | (d) Acquire, purchase, hold, lease, and convey such real |
| 324 | and personal property as is proper or expedient to carry out the |
| 325 | purposes of the corporation and this section, and to sell, |
| 326 | lease, or otherwise dispose of such property. |
| 327 | (e) Elect or appoint and employ such officers, agents, and |
| 328 | employees as the corporation deems advisable to operate and |
| 329 | manage the affairs of the corporation, which officers, agents, |
| 330 | and employees may be officers or employees of the Department of |
| 331 | Transportation and the state agencies represented on the board |
| 332 | of directors of the corporation. |
| 333 | (f) At the request of the Department of Transportation, |
| 334 | issue bonds necessary for the purpose of financing or |
| 335 | refinancing fixed capital outlay seaport projects as provided in |
| 336 | s. 320.20(3) and (4). |
| 337 | (g) Make and execute any and all contracts, trust |
| 338 | agreements, and other instruments and agreements necessary or |
| 339 | convenient to accomplish the purposes of the corporation and |
| 340 | this section. |
| 341 | (h) Select, retain, and employ professionals, contractors, |
| 342 | or agents, which may include the Division of Bond Finance, as |
| 343 | shall be necessary or convenient to enable or assist the |
| 344 | corporation in carrying out the purposes of the corporation and |
| 345 | this section. |
| 346 | (i) Do any act or thing necessary or convenient to carry |
| 347 | out the purposes of the corporation and this section and the |
| 348 | powers provided in this section. |
| 349 | (3) The corporation is authorized to enter into one or |
| 350 | more contracts with the Department of Transportation pursuant to |
| 351 | which the corporation shall finance or refinance fixed capital |
| 352 | outlay seaport projects as provided in s. 320.20(3) and (4). |
| 353 | The Department of Transportation may enter into one or more such |
| 354 | contracts with the corporation and provide for payments under |
| 355 | such contracts pursuant s. 320.20(3) and (4), subject to annual |
| 356 | appropriation by the Legislature. The proceeds from such |
| 357 | contracts may be used for the costs and expenses of |
| 358 | administration of the corporation after payments as set forth in |
| 359 | subsection (3). In compliance with provisions of s. 287.0641 and |
| 360 | other applicable provisions of law, the obligations of the |
| 361 | Department of Transportation under such contracts shall not |
| 362 | constitute a general obligation of the state or a pledge of the |
| 363 | faith and credit or taxing power of the state, nor shall such |
| 364 | obligations be construed in any manner as an obligation of the |
| 365 | State Board of Administration or the Department of |
| 366 | Transportation, except as provided in this section, but shall be |
| 367 | payable solely from amounts received pursuant to s. 320.20(3) |
| 368 | and (4), subject to annual appropriation by the Legislature. In |
| 369 | compliance with this subsection and s. 287.0582, the contract |
| 370 | shall expressly include the following statement: "The State of |
| 371 | Florida's performance and obligation to pay under this contract |
| 372 | is contingent upon an annual appropriation by the Legislature." |
| 373 | (4) The corporation may issue bonds payable from and |
| 374 | secured by amounts payable to the corporation by the Department |
| 375 | of Transportation under a contract entered into pursuant to |
| 376 | subsection (3) for the purpose of financing or refinancing fixed |
| 377 | capital outlay seaport projects as provided in s. 320.20 (3) and |
| 378 | (4). Any such indebtedness of the corporation shall not |
| 379 | constitute a debt or obligation of the state or a pledge of the |
| 380 | faith and credit or taxing power of the state, but shall be |
| 381 | payable from and secured by payments made by the Department of |
| 382 | Transportation under the contract. Bonds issued pursuant to |
| 383 | this section are payable from, and secured by a first lien on, |
| 384 | funds available pursuant to s. 320.20 (3) and (4), subject to |
| 385 | annual appropriation. The bonds shall be subject to the |
| 386 | provisions of s. 320.20 (3) and (4). Such funds may be assigned |
| 387 | and pledged as security and deposited in trust with the State |
| 388 | Board of Administration pursuant to the terms of an agreement |
| 389 | entered into among the Department of Transportation, the |
| 390 | Division of Bond Finance, and the State Board of Administration. |
| 391 | (5) The fulfillment of the purposes of the corporation |
| 392 | promotes the health, safety, and general welfare of the people |
| 393 | of the state and serves as essential governmental functions and |
| 394 | a paramount public purpose. |
| 395 | (6) The corporation is exempt from taxation and |
| 396 | assessments of any nature whatsoever upon its income and any |
| 397 | property, assets, or revenues acquired, received, or used in the |
| 398 | furtherance of the purposes provided in this chapter. The bonds |
| 399 | of the corporation incurred pursuant to subsection (4) and the |
| 400 | interest and income thereon and all security agreements, letters |
| 401 | of credit, liquidity facilities, or other obligations or |
| 402 | instruments arising out of, entered into in connection |
| 403 | therewith, or given to secure payment thereof are exempt from |
| 404 | all taxation, provided such exemption does not apply to any tax |
| 405 | imposed by chapter 220 on the interest, income, or profits on |
| 406 | debt obligations owned by corporations. |
| 407 | (7) The corporation may validate bonds issued pursuant to |
| 408 | this section and the validity and enforceability of any |
| 409 | contracts providing for payments pledged to the payment thereof |
| 410 | by proceedings under chapter 75. The validation complaint shall |
| 411 | be filed only in the Circuit Court for Leon County. The notice |
| 412 | required to be published by s. 75.06 shall be published in Leon |
| 413 | County, and the complaint and order of the circuit court shall |
| 414 | be served only on the State Attorney for the Second Judicial |
| 415 | Circuit. Sections 75.04(2) and 75.06(2) shall not apply to a |
| 416 | complaint for validation filed as authorized in this subsection. |
| 417 | The first bonds issued pursuant to this section shall be |
| 418 | validated. |
| 419 | (8) The corporation shall not be deemed to be a special |
| 420 | district for purposes of chapter 189 or a unit of local |
| 421 | government for purposes of part III of chapter 218. The |
| 422 | provisions of chapters 120 and 215, except the limitation on |
| 423 | interest rates provided by s. 215.84 which applies to |
| 424 | obligations of the corporation issued pursuant to this section, |
| 425 | and part I of chapter 287, except ss. 287.0582 and 287.0641, |
| 426 | shall not apply to this section, the corporation created hereby, |
| 427 | the contracts entered into pursuant to this section, or to bonds |
| 428 | issued by the corporation as contemplated in this section. |
| 429 | (9) In no event shall any of the benefits or earnings of |
| 430 | the corporation inure to the benefit of any private person. |
| 431 | (10) Upon dissolution of the corporation, title to all |
| 432 | property owned by the corporation shall revert to the state. |
| 433 | (11) The corporation may contract with the State Board of |
| 434 | Administration to serve as trustee with respect to bonds issued |
| 435 | by the corporation as contemplated by this section and to hold, |
| 436 | administer, and invest proceeds of such bonds and other funds of |
| 437 | the corporation and to perform other services required by the |
| 438 | corporation. The State Board of Administration may perform such |
| 439 | services and may contract with others to provide all or a part |
| 440 | of such services and to recover its and such other costs and |
| 441 | expenses thereof. |
| 442 | (12) The Department of Transportation and any |
| 443 | participating port that is governed by a public body, local |
| 444 | governments, or local governments collectively by interlocal |
| 445 | agreement having jurisdiction of a seaport project may enter |
| 446 | into an interlocal agreement with the Department of |
| 447 | Transportation to promote the efficient and cost-effective |
| 448 | financing or refinancing of approved projects pursuant to this |
| 449 | section. The terms of such interlocal agreements shall include |
| 450 | provisions for the Department of Transportation to request the |
| 451 | issuance by the corporation of the bonds on behalf of the ports |
| 452 | or local governments described above; may provide that each |
| 453 | party to the agreement is contractually liable for a share of |
| 454 | funding an amount equal to the debt service requirements of such |
| 455 | bonds; and shall include any other terms, provisions, or |
| 456 | covenants necessary to the making of and full performance under |
| 457 | such interlocal agreement. Repayments made to the Department of |
| 458 | Transportation under any interlocal agreement are not pledged to |
| 459 | the repayment of bonds issued hereunder, and failure of the |
| 460 | local governmental authority to make such payment shall not |
| 461 | affect the obligation of the Department of Transportation to |
| 462 | make payment on any contract with the corporation. |
| 463 | (13) There shall be no liability on the part of, and no |
| 464 | cause of action shall arise against, any board members or |
| 465 | employees of the corporation for any actions taken by them in |
| 466 | the performance of their duties under this paragraph. |
| 467 | Section 21. This act shall not effect the validity of the |
| 468 | Florida Ports Financing Commission Series 1996 and 1999 Bonds. |
| 469 |
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| 470 |
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| 471 | =========== T I T L E A M E N D M E N T ======== |
| 472 | Between lines 75 and 76, insert: |
| 473 | amending s. 311.22, F.S.; revising funding for certain dredging |
| 474 | projects; amending s. 320.20, F.S.; prescribing when certain |
| 475 | funds will become subject to appropriation; revising the |
| 476 | distribution of license tax moneys deposited in the State |
| 477 | Transportation Trust Fund for the funding of the Florida Seaport |
| 478 | Transportation and Economic Development Program and certain |
| 479 | seaport intermodal access projects; requiring the Florida |
| 480 | Seaport Transportation and Economic Development Council to |
| 481 | submit a list of certain freight mobility projects to the |
| 482 | Department of Transportation; requiring that the council and the |
| 483 | department agree upon the projects selected for funding; |
| 484 | requiring the department to include the selected projects for |
| 485 | funding in the tentative work program; providing that specified |
| 486 | bonds shall be issued by the Division of Bond Finance at the |
| 487 | request of the department; providing for funding the |
| 488 | construction of wharves and docks; creating s. 311.23, F.S.; |
| 489 | creating the Florida Seaport Finance Corporation; providing for |
| 490 | membership of its board of directors; providing its powers and |
| 491 | duties; authorizing the issuance and validation of bonds; |
| 492 | exempting the corporation from taxation; declaring that the |
| 493 | corporation is not a special district; authorizing interlocal |
| 494 | agreements; exempting board members and employees of the |
| 495 | corporation from liability for certain acts; providing that this |
| 496 | act does not affect the validity of specified Florida Ports |
| 497 | Financing Commission bonds; |