Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 569180                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1w/RE/2R         .                                
             05/02/2013 07:41 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Between lines 3604 and 3605
    5  insert:
    6         Section 61. Section 339.0801, Florida Statutes, is amended
    7  to read:
    8         339.0801 Allocation of increased revenues derived from
    9  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
   10  from increased revenues to the State Transportation Trust Fund
   11  derived from the amendments to s. 319.32(5)(a) made by this act
   12  must be used annually, first as set forth in subsection (1) and
   13  then as set forth in subsections (2)-(5),as follows,
   14  notwithstanding any other provision of law:
   15         (1)(a) In the 2012-2013 fiscal year, $200 million, or
   16  actual receipts up to $200 million, shall be transferred to the
   17  General Revenue Fund.
   18         (b) The Department of Transportation shall transfer the
   19  actual receipts monthly to the General Revenue Fund. These
   20  transfers shall be made in the month following the deposit of
   21  those receipts into the State Transportation Trust Fund.
   22         (2) Beginning in the 2013-2014 fiscal year and annually for
   23  up to 30 years thereafter, $10 million shall be for the purpose
   24  of funding any seaport project identified in the adopted work
   25  program of the Department of Transportation, to be known as the
   26  Seaport Investment Program.
   27         (b) The revenues may be assigned, pledged, or set aside as
   28  a trust for the payment of principal or interest on revenue
   29  bonds, tax anticipation certificates, or other forms of
   30  indebtedness issued by an individual port or appropriate local
   31  government having jurisdiction thereof, or collectively by
   32  interlocal agreement among any of the ports, or used to purchase
   33  credit support to permit such borrowings. Alternatively, revenue
   34  bonds shall be issued by the Division of Bond Finance at the
   35  request of the Department of Transportation under the State Bond
   36  Act and shall be secured by such revenues as are provided in
   37  this subsection.
   38         (c) However, the debt is Revenue Bonds or other
   39  indebtedness issued hereunder are not a general obligation of
   40  the state and are secured solely by a first lien on the revenues
   41  distributed under this subsection.
   42         (d) The state covenants with holders of the revenue bonds
   43  or other instruments of indebtedness issued pursuant to this
   44  subsection that it will not repeal or impair or amend this
   45  subsection; in any manner nor take any other action, including
   46  but not limited to amending this subsection, that will
   47  materially and or adversely affect the rights of such holders so
   48  long as revenue bonds or other indebtedness authorized by this
   49  subsection are outstanding.
   50         (e) The proceeds of any revenue bonds or other indebtedness
   51  secured by a pledge of the funding, after payment of costs of
   52  issuance and establishment of any required reserves, shall be
   53  invested in projects approved by the Department of
   54  Transportation and included in the department’s adopted work
   55  program, by amendment if necessary. As required under s. 11(f),
   56  Art. VII of the State Constitution, the Legislature approves
   57  projects included in the department’s adopted work program,
   58  including any projects added to the work program by amendment
   59  under s. 339.135(7), F.S.
   60         (f) Any revenues that are not used for pledged to the
   61  payment repayment of bonds as authorized by this subsection
   62  section may be used for purposes authorized under the Florida
   63  Seaport Transportation and Economic Development Program. This
   64  revenue source is in addition to any amounts provided for and
   65  appropriated in accordance with ss. 311.07 and 320.20(3) and
   66  (4). Revenue bonds shall be issued by the Division of Bond
   67  Finance at the request of the Department of Transportation
   68  pursuant to the State Bond Act.
   69         (2)(3) Beginning in the 2013-2014 fiscal year and annually
   70  for up to 30 years thereafter, $35 million shall be transferred
   71  to Florida’s Turnpike Enterprise, to be used in accordance with
   72  Florida Turnpike Enterprise Law, to the maximum extent feasible
   73  for feeder roads, structures, interchanges, appurtenances, and
   74  other rights to create or facilitate access to the existing
   75  turnpike system.
   76         (3)(4) Beginning in the 2013-2014 fiscal year and annually
   77  thereafter, $10 million shall be transferred to the
   78  Transportation Disadvantaged Trust Fund, to be used as specified
   79  in s. 427.0159.
   80         (4)(5) Beginning in the 2013-2014 fiscal year and annually
   81  thereafter, $10 million shall be allocated to the Small County
   82  Outreach Program, to be used as specified in s. 339.2818. These
   83  funds are in addition to the funds provided in s.
   84  201.15(1)(c)1.b.
   85         (5)(6) After the distributions required pursuant to
   86  subsections (1)-(4)(5), the remaining funds shall be used
   87  annually for transportation projects within this state for
   88  existing or planned strategic transportation projects which
   89  connect major markets within this state or between this state
   90  and other states, which focus on job creation, and which
   91  increase this state’s viability in the national and global
   92  markets.
   93         (6)(7) Pursuant to s. 339.135(7), the department shall
   94  amend the work program to add the projects provided for in this
   95  section.
   96  
   97  ================= T I T L E  A M E N D M E N T ================
   98         And the title is amended as follows:
   99         Between lines 4924 and 4925
  100  insert:
  101         339.0801, F.S.; requiring the increased revenues
  102         derived from amendments to s. 319.32(5)(a) by ch.
  103         2012-128 to be first annually used beginning in FY
  104         2013-2014 and for 30 years thereafter to fund seaport
  105         projects identified in the department’s adopted work
  106         program; removing the authority to assign, pledge, or
  107         set aside  revenues for the payment of principal or
  108         interest on tax anticipation certificates; providing
  109         that revenue bonds other indebtedness are secured
  110         solely by first lien, revising provisions fof the
  111         protection of bondholders; amending s.