Amendment
Bill No. 0985
Amendment No. 020241
CHAMBER ACTION
Senate House
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1Representative(s) Seiler offered the following:
2
3     Substitute Amendment for Amendment (075339) (with title
4amendment)
5Between lines 1393 and 1394, insert:
6     Section 18.  Subsection (1) of section 311.22, Florida
7Statutes, is amended to read:
8     311.22  Additional authorization for funding certain
9dredging projects.--
10     (1)  The Florida Seaport Transportation and Economic
11Development Council shall establish a program to fund dredging
12projects in counties having a population of fewer than 300,000
13according to the last official census. Funds made available
14under this program may be used to fund approved projects for the
15dredging or deepening of channels, turning basins, or harbors on
16a 25-percent local 50-50 matching basis with any port authority,
17as such term is defined in s. 315.02(2), which complies with the
18permitting requirements in part IV of chapter 373 and the local
19financial management and reporting provisions of part III of
20chapter 218.
21     Section 19.  Section 320.20, Florida Statutes, is amended
22to read:
23     320.20  Disposition of license tax moneys.--The revenue
24derived from the registration of motor vehicles, including any
25delinquent fees and excluding those revenues collected and
26distributed under the provisions of s. 320.081, must be
27distributed monthly, as collected, as follows:
28     (1)  The first proceeds, to the extent necessary to comply
29with the provisions of s. 18, Art. XII of the State Constitution
30of 1885, as adopted by s. 9(d), Art. XII, 1968 revised
31constitution, and the additional provisions of s. 9(d) and s.
321010.57, must be deposited in the district Capital Outlay and
33Debt Service School Trust Fund.
34     (2)  Twenty-five million dollars per year of such revenues
35must be deposited in the State Transportation Trust Fund, with
36priority use assigned to completion of the interstate highway
37system. However, any excess funds may be utilized for general
38transportation purposes, consistent with the Department of
39Transportation's legislatively approved objectives.
40     (3)  Notwithstanding any other provision of law except
41subsections (1) and (2), on July 1, 1996, and annually
42thereafter, $15 million shall be deposited in the State
43Transportation Trust Fund solely for the purposes of funding the
44Florida Seaport Transportation and Economic Development Program
45as provided for in chapter 311. Upon the issuance of bonds
46pursuant to s. 311.23 which legally defease all outstanding
47Florida Ports Financing Commission Series 1996 and 1999 Bonds,
48such deposit shall be subject to appropriation. Such revenues
49shall be distributed to any port listed in s. 311.09(1), to be
50used for funding projects as follows:
51     (a)  For any seaport intermodal access projects that are
52identified in the tentative work program of the Department of
53Transportation for the 2007-2008 to 2011-2012 fiscal years, up
54to the amounts needed to offset the funding requirements of this
55section.
56     (b)  For seaport intermodal access projects as described in
57s. 341.053(6) which are identified in the 5-year Florida Seaport
58Mission Plan as provided in s. 311.09(3), funding shall require
59at least a 25-percent match of the funds received pursuant to
60this subsection. Matching funds shall come from any port funds,
61federal funds, local funds, or private funds.
62     (c)  For seaport projects as described in s. 311.07(3)(b),
63funds shall be provided on a 50-50 matching basis.
64     (d)  For seaport intermodal access projects that involve
65the dredging or deepening of channels, turning basins, or
66harbors, or the construction or rehabilitation of wharves,
67docks, or similar structures, funding shall require at least a
6825-percent match of the funds received pursuant to this
69subsection. Matching funds shall come from any port funds,
70federal funds, local funds, or private funds. on a 50-50
71matching basis to any port listed in s. 311.09(1) to be used for
72funding projects as described in s. 311.07(3)(b).
73
74Such revenues may be assigned, pledged, or set aside as a trust
75for the payment of principal or interest on bonds issued
76pursuant to s. 311.23, tax anticipation certificates, or any
77other form of indebtedness issued by an individual port or
78appropriate local government having jurisdiction thereof, or
79collectively by interlocal agreement among any of the ports, or
80used to purchase credit support to permit such borrowings.
81However, such debt shall not constitute a general obligation of
82the State of Florida. The state does hereby covenant with
83holders of such revenue bonds or other instruments of
84indebtedness issued hereunder that it will not repeal or impair
85or amend in any manner which will materially and adversely
86affect the rights of such holders so long as bonds authorized by
87this section are outstanding.  Any revenues which are not
88pledged to the repayment of bonds as authorized by this section
89may be utilized for purposes authorized under the Florida
90Seaport Transportation and Economic Development Program.  This
91revenue source is in addition to any amounts provided for and
92appropriated in accordance with s. 311.07.  The Florida Seaport
93Transportation and Economic Development Council shall submit to
94the Department of Transportation a list of strategic
95transportation, economic development, and freight mobility
96projects that contribute to the economic growth of the state and
97that approve distribution of funds to ports for projects which
98have been approved pursuant to s. 311.09(5)-(9). The council and
99the Department of Transportation shall mutually agree upon the
100prioritization and selection of projects for funding. The
101Department of Transportation shall include the selected projects
102for funding in the tentative work program developed pursuant to
103s. 339.135. The council and the Department of Transportation are
104authorized to perform such acts as are required to facilitate
105and implement the provisions of this subsection, including the
106funding of approved projects by the use of other state funding
107programs, local contributions from seaports, and the creative
108use of federal funds. To better enable the ports to cooperate to
109their mutual advantage, the governing body of each port may
110exercise powers provided to municipalities or counties in s.
111163.01(7)(d) subject to the provisions of chapter 311 and
112special acts, if any, pertaining to a port.  The use of funds
113provided pursuant to this subsection are limited to eligible
114projects listed in this subsection.  Income derived from a
115project completed with the use of program funds, beyond
116operating costs and debt service, shall be restricted to further
117port capital improvements consistent with maritime purposes and
118for no other purpose.  Use of such income for nonmaritime
119purposes is prohibited. The provisions of s. 311.07(4) do not
120apply to any funds received pursuant to this subsection. The
121revenues available under this subsection shall not be pledged to
122the payment of any bonds other than the Florida Ports Financing
123Commission Series 1996 and Series 1999 Bonds currently
124outstanding; provided, however, such revenues may be pledged to
125secure payment of refunding bonds to refinance the Florida Ports
126Financing Commission Series 1996 and Series 1999 Bonds. The
127Department of Transportation is authorized, pursuant to s.
128311.23, to request the issuance of bonds pledging the revenues
129provided in this subsection and subsection (4), including bonds
130issued to refund the Florida Ports Financing Commission Series
1311996 and Series 1999 Bonds. All bonds issued pursuant to this
132subsection shall mature not later than June 1, 2037. No
133refunding bonds secured by revenues available under this
134subsection may be issued with a final maturity later than the
135final maturity of the Florida Ports Financing Commission Series
1361996 and Series 1999 Bonds or which provide for higher debt
137service in any year than is currently payable on such bonds. Any
138revenue bonds or other indebtedness issued after July 1, 2000,
139other than refunding bonds shall be issued by the Division of
140Bond Finance at the request of the Department of Transportation
141pursuant to the State Bond Act.
142     (4)  Notwithstanding any other provision of law except
143subsections (1), (2), and (3), on July 1, 1999, and annually
144thereafter, $10 million shall be deposited in the State
145Transportation Trust Fund solely for the purposes of funding the
146Florida Seaport Transportation and Economic Development Program
147as provided in chapter 311 and for funding seaport intermodal
148access projects of statewide significance as provided in s.
149341.053. Upon the issuance of bonds pursuant to s. 311.23 which
150legally defease all outstanding Florida Ports Financing
151Commission Series 1996 and 1999 Bonds, such deposit shall be
152subject to appropriation. Such revenues shall be distributed to
153any port listed in s. 311.09(1), to be used for funding projects
154as follows:
155     (a)  For any seaport intermodal access projects that are
156identified in the 1997-1998 Tentative Work Program of the
157Department of Transportation, up to the amounts needed to offset
158the funding requirements of this section.
159     (b)  For seaport intermodal access projects as described in
160s. 341.053(5) that are identified in the 5-year Florida Seaport
161Mission Plan as provided in s. 311.09(3). Funding for such
162projects shall be on a matching basis as mutually determined by
163the Florida Seaport Transportation and Economic Development
164Council and the Department of Transportation, provided a minimum
165of 25 percent of total project funds shall come from any port
166funds, local funds, private funds, or specifically earmarked
167federal funds.
168     (c)  On a 50-50 matching basis for projects as described in
169s. 311.07(3)(b).
170     (d)  For seaport intermodal access projects that involve
171the dredging or deepening of channels, turning basins, or
172harbors,; or the construction or rehabilitation of wharves,
173docks, or similar structures. Funding for such projects shall
174require a 25-percent 25 percent match of the funds received
175pursuant to this subsection. Matching funds shall come from any
176port funds, federal funds, local funds, or private funds.
177
178Such revenues may be assigned, pledged, or set aside as a trust
179for the payment of principal or interest on bonds issued
180pursuant to s. 311.23, tax anticipation certificates, or any
181other form of indebtedness issued by an individual port or
182appropriate local government having jurisdiction thereof, or
183collectively by interlocal agreement among any of the ports, or
184used to purchase credit support to permit such borrowings.
185However, such debt shall not constitute a general obligation of
186the state. This state does hereby covenant with holders of such
187revenue bonds or other instruments of indebtedness issued
188hereunder that it will not repeal or impair or amend this
189subsection in any manner which will materially and adversely
190affect the rights of holders so long as bonds authorized by this
191subsection are outstanding. Any revenues that are not pledged to
192the repayment of bonds as authorized by this section may be
193utilized for purposes authorized under the Florida Seaport
194Transportation and Economic Development Program. This revenue
195source is in addition to any amounts provided for and
196appropriated in accordance with s. 311.07 and subsection (3).
197The Florida Seaport Transportation and Economic Development
198Council shall submit to the Department of Transportation a list
199of strategic transportation, economic development, and freight
200mobility projects that contribute to the economic growth of the
201state and approve distribution of funds to ports for projects
202that have been approved pursuant to s. 311.09(5)-(9), or that
203have been approved for seaport intermodal access projects
204identified in the 5-year Florida Seaport Mission Plan as
205provided in s. 311.09(3) and mutually agreed upon by the FSTED
206Council and the Department of Transportation. The council and
207the Department of Transportation shall mutually agree upon the
208prioritization and selection of projects for funding.  The
209Department of Transportation shall include the selected projects
210for funding in the tentative work program developed pursuant to
211s. 339.135. All contracts for actual construction of projects
212authorized by this subsection must include a provision
213encouraging employment of participants in the welfare transition
214program. The goal for employment of participants in the welfare
215transition program is 25 percent of all new employees employed
216specifically for the project, unless the Department of
217Transportation and the Florida Seaport Transportation and
218Economic Development Council demonstrate that such a requirement
219would severely hamper the successful completion of the project.
220In such an instance, Workforce Florida, Inc., shall establish an
221appropriate percentage of employees that must be participants in
222the welfare transition program. The council and the Department
223of Transportation are authorized to perform such acts as are
224required to facilitate and implement the provisions of this
225subsection, including the funding of approved projects by the
226use of other state funding programs, local contributions from
227seaports, and the creative use of federal funds. To better
228enable the ports to cooperate to their mutual advantage, the
229governing body of each port may exercise powers provided to
230municipalities or counties in s. 163.01(7)(d) subject to the
231provisions of chapter 311 and special acts, if any, pertaining
232to a port. The use of funds provided pursuant to this subsection
233is limited to eligible projects listed in this subsection. The
234provisions of s. 311.07(4) do not apply to any funds received
235pursuant to this subsection. The revenues available under this
236subsection shall not be pledged to the payment of any bonds
237other than the Florida Ports Financing Commission Series 1996
238and Series 1999 Bonds currently outstanding; provided, however,
239such revenues may be pledged to secure payment of refunding
240bonds to refinance the Florida Ports Financing Commission Series
2411996 and Series 1999 Bonds. The Department of Transportation is
242authorized, pursuant to s. 311.23, to request the issuance of
243bonds pledging the revenues provided in subsection (3) and this
244subsection, including bonds issued to refund the Florida Ports
245Financing Commission Series 1996 and Series 1999 Bonds. All
246bonds issued pursuant to this subsection shall mature not later
247than June 1, 2037. No refunding bonds secured by revenues
248available under this subsection may be issued with a final
249maturity later than the final maturity of the Florida Ports
250Financing Commission Series 1996 and Series 1999 Bonds or which
251provide for higher debt service in any year than is currently
252payable on such bonds. Any revenue bonds or other indebtedness
253issued after July 1, 2000, other than refunding bonds shall be
254issued by the Division of Bond Finance at the request of the
255Department of Transportation pursuant to the State Bond Act.
256     (5)(a)  Except as provided in paragraph (c), the remainder
257of such revenues must be deposited in the State Transportation
258Trust Fund.
259     (b)  The Chief Financial Officer each month shall deposit
260in the State Transportation Trust Fund an amount, drawn from
261other funds in the State Treasury which are not immediately
262needed or are otherwise in excess of the amount necessary to
263meet the requirements of the State Treasury, which when added to
264such remaining revenues each month will equal one-twelfth of the
265amount of the anticipated annual revenues to be deposited in the
266State Transportation Trust Fund under paragraph (a) as
267determined by the Chief Financial Officer after consultation
268with the revenue estimating conference held pursuant to s.
269216.136(3). The transfers required hereunder may be suspended by
270action of the Legislative Budget Commission in the event of a
271significant shortfall of state revenues.
272     (c)  In any month in which the remaining revenues derived
273from the registration of motor vehicles exceed one-twelfth of
274those anticipated annual remaining revenues as determined by the
275Chief Financial Officer after consultation with the revenue
276estimating conference, the excess shall be credited to those
277state funds in the State Treasury from which the amount was
278originally drawn, up to the amount which was deposited in the
279State Transportation Trust Fund under paragraph (b). A final
280adjustment must be made in the last months of a fiscal year so
281that the total revenue deposited in the State Transportation
282Trust Fund each year equals the amount derived from the
283registration of motor vehicles, less the amount distributed
284under subsection (1). For the purposes of this paragraph and
285paragraph (b), the term "remaining revenues" means all revenues
286deposited into the State Transportation Trust Fund under
287paragraph (a) and subsections (2) and (3). In order that
288interest earnings continue to accrue to the General Revenue
289Fund, the Department of Transportation may not invest an amount
290equal to the cumulative amount of funds deposited in the State
291Transportation Trust Fund under paragraph (b) less funds
292credited under this paragraph as computed on a monthly basis.
293The amounts to be credited under this and the preceding
294paragraph must be calculated and certified to the Chief
295Financial Officer by the Executive Office of the Governor.
296     Section 20.  Section 311.23, Florida Statutes, is created
297to read:
298     311.23  Florida Seaport Finance Corporation.--
299     (1)(a)  There is created a public benefits corporation,
300which is an instrumentality of the state, to be known as the
301Florida Seaport Finance Corporation.
302     (b)  The corporation shall operate under a five-member
303board of directors consisting of the Governor or a designee, the
304Chief Financial Officer or a designee, the Attorney General or a
305designee, the Director of the Division of Bond Finance of the
306State Board of Administration, and the Secretary of the
307Department of Transportation. The Director of the Division of
308Bond Finance shall be the chief executive officer of the
309corporation, shall direct and supervise the administrative
310affairs of the corporation and shall control, direct, and
311supervise the operation of the corporation. The corporation
312shall also have such other officers as are determined by the
313board of directors.
314     (2)  The corporation shall have all the powers of a
315corporate body under the laws of the state, including, but not
316limited to, chapters 607 and 617, to the extent not inconsistent
317with or restricted by the provisions of this section, including,
318but not limited to, the power to:
319     (a)  Adopt, amend, and repeal bylaws not inconsistent with
320this 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
324and personal property as is proper or expedient to carry out the
325purposes of the corporation and this section, and to sell,
326lease, or otherwise dispose of such property.
327     (e)  Elect or appoint and employ such officers, agents, and
328employees as the corporation deems advisable to operate and
329manage the affairs of the corporation, which officers, agents,
330and employees may be officers or employees of the Department of
331Transportation and the state agencies represented on the board
332of directors of the corporation.
333     (f)  At the request of the Department of Transportation,
334issue bonds necessary for the purpose of financing or
335refinancing fixed capital outlay seaport projects as provided in
336s. 320.20(3) and (4).
337     (g)  Make and execute any and all contracts, trust
338agreements, and other instruments and agreements necessary or
339convenient to accomplish the purposes of the corporation and
340this section.
341     (h)  Select, retain, and employ professionals, contractors,
342or agents, which may include the Division of Bond Finance, as
343shall be necessary or convenient to enable or assist the
344corporation in carrying out the purposes of the corporation and
345this section.
346     (i)  Do any act or thing necessary or convenient to carry
347out the purposes of the corporation and this section and the
348powers provided in this section.
349     (3)  The corporation is authorized to enter into one or
350more contracts with the Department of Transportation pursuant to
351which the corporation shall finance or refinance fixed capital
352outlay seaport projects as provided in s. 320.20(3) and (4).
353The Department of Transportation may enter into one or more such
354contracts with the corporation and provide for payments under
355such contracts pursuant s. 320.20(3) and (4), subject to annual
356appropriation by the Legislature. The proceeds from such
357contracts may be used for the costs and expenses of
358administration of the corporation after payments as set forth in
359subsection (3). In compliance with provisions of s. 287.0641 and
360other applicable provisions of law, the obligations of the
361Department of Transportation under such contracts shall not
362constitute a general obligation of the state or a pledge of the
363faith and credit or taxing power of the state, nor shall such
364obligations be construed in any manner as an obligation of the
365State Board of Administration or the Department of
366Transportation, except as provided in this section, but shall be
367payable solely from amounts received pursuant to s. 320.20(3)
368and (4), subject to annual appropriation by the Legislature. In
369compliance with this subsection and s. 287.0582, the contract
370shall expressly include the following statement: "The State of
371Florida's performance and obligation to pay under this contract
372is contingent upon an annual appropriation by the Legislature."
373     (4)  The corporation may issue bonds payable from and
374secured by amounts payable to the corporation by the Department
375of Transportation under a contract entered into pursuant to
376subsection (3) for the purpose of financing or refinancing fixed
377capital outlay seaport projects as provided in s. 320.20 (3) and
378(4). Any such indebtedness of the corporation shall not
379constitute a debt or obligation of the state or a pledge of the
380faith and credit or taxing power of the state, but shall be
381payable from and secured by payments made by the Department of
382Transportation under the contract.  Bonds issued pursuant to
383this section are payable from, and secured by a first lien on,
384funds available pursuant to s. 320.20 (3) and (4), subject to
385annual appropriation. The bonds shall be subject to the
386provisions of s. 320.20 (3) and (4). Such funds may be assigned
387and pledged as security and deposited in trust with the State
388Board of Administration pursuant to the terms of an agreement
389entered into among the Department of Transportation, the
390Division of Bond Finance, and the State Board of Administration.
391     (5)  The fulfillment of the purposes of the corporation
392promotes the health, safety, and general welfare of the people
393of the state and serves as essential governmental functions and
394a paramount public purpose.
395     (6)  The corporation is exempt from taxation and
396assessments of any nature whatsoever upon its income and any
397property, assets, or revenues acquired, received, or used in the
398furtherance of the purposes provided in this chapter. The bonds
399of the corporation incurred pursuant to subsection (4) and the
400interest and income thereon and all security agreements, letters
401of credit, liquidity facilities, or other obligations or
402instruments arising out of, entered into in connection
403therewith, or given to secure payment thereof are exempt from
404all taxation, provided such exemption does not apply to any tax
405imposed by chapter 220 on the interest, income, or profits on
406debt obligations owned by corporations.
407     (7)  The corporation may validate bonds issued pursuant to
408this section and the validity and enforceability of any
409contracts providing for payments pledged to the payment thereof
410by proceedings under chapter 75. The validation complaint shall
411be filed only in the Circuit Court for Leon County. The notice
412required to be published by s. 75.06 shall be published in Leon
413County, and the complaint and order of the circuit court shall
414be served only on the State Attorney for the Second Judicial
415Circuit. Sections 75.04(2) and 75.06(2) shall not apply to a
416complaint for validation filed as authorized in this subsection.
417The first bonds issued pursuant to this section shall be
418validated.
419     (8)  The corporation shall not be deemed to be a special
420district for purposes of chapter 189 or a unit of local
421government for purposes of part III of chapter 218. The
422provisions of chapters 120 and 215, except the limitation on
423interest rates provided by s. 215.84 which applies to
424obligations of the corporation issued pursuant to this section,
425and part I of chapter 287, except ss. 287.0582 and 287.0641,
426shall not apply to this section, the corporation created hereby,
427the contracts entered into pursuant to this section, or to bonds
428issued by the corporation as contemplated in this section.
429     (9)  In no event shall any of the benefits or earnings of
430the corporation inure to the benefit of any private person.
431     (10)  Upon dissolution of the corporation, title to all
432property owned by the corporation shall revert to the state.
433     (11)  The corporation may contract with the State Board of
434Administration to serve as trustee with respect to bonds issued
435by the corporation as contemplated by this section and to hold,
436administer, and invest proceeds of such bonds and other funds of
437the corporation and to perform other services required by the
438corporation. The State Board of Administration may perform such
439services and may contract with others to provide all or a part
440of such services and to recover its and such other costs and
441expenses thereof.
442     (12)  The Department of Transportation and any
443participating port that is governed by a public body, local
444governments, or local governments collectively by interlocal
445agreement having jurisdiction of a seaport project may enter
446into an interlocal agreement with the Department of
447Transportation to promote the efficient and cost-effective
448financing or refinancing of approved projects pursuant to this
449section. The terms of such interlocal agreements shall include
450provisions for the Department of Transportation to request the
451issuance by the corporation of the bonds on behalf of the ports
452or local governments described above; may provide that each
453party to the agreement is contractually liable for a share of
454funding an amount equal to the debt service requirements of such
455bonds; and shall include any other terms, provisions, or
456covenants necessary to the making of and full performance under
457such interlocal agreement. Repayments made to the Department of
458Transportation under any interlocal agreement are not pledged to
459the repayment of bonds issued hereunder, and failure of the
460local governmental authority to make such payment shall not
461affect the obligation of the Department of Transportation to
462make payment on any contract with the corporation.
463     (13)  There shall be no liability on the part of, and no
464cause of action shall arise against, any board members or
465employees of the corporation for any actions taken by them in
466the performance of their duties under this paragraph.
467     Section 21.  This act shall not effect the validity of the
468Florida Ports Financing Commission Series 1996 and 1999 Bonds.
469
470
471=========== T I T L E  A M E N D M E N T ========
472     Between lines 75 and 76, insert:
473amending s. 311.22, F.S.; revising funding for certain dredging
474projects; amending s. 320.20, F.S.; prescribing when certain
475funds will become subject to appropriation; revising the
476distribution of license tax moneys deposited in the State
477Transportation Trust Fund for the funding of the Florida Seaport
478Transportation and Economic Development Program and certain
479seaport intermodal access projects; requiring the Florida
480Seaport Transportation and Economic Development Council to
481submit a list of certain freight mobility projects to the
482Department of Transportation; requiring that the council and the
483department agree upon the projects selected for funding;
484requiring the department to include the selected projects for
485funding in the tentative work program; providing that specified
486bonds shall be issued by the Division of Bond Finance at the
487request of the department; providing for funding the
488construction of wharves and docks; creating s. 311.23, F.S.;
489creating the Florida Seaport Finance Corporation; providing for
490membership of its board of directors; providing its powers and
491duties; authorizing the issuance and validation of bonds;
492exempting the corporation from taxation; declaring that the
493corporation is not a special district; authorizing interlocal
494agreements; exempting board members and employees of the
495corporation from liability for certain acts; providing that this
496act does not affect the validity of specified Florida Ports
497Financing Commission bonds;


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