Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 720484                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/30/2013 09:24 AM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment to Amendment (740626) (with title
    2  amendment)
    4         Delete lines 4378 - 4379
    5  and insert:
    6         Section 85. (1) The Florida Transportation Commission is
    7  directed to contract for a statewide study, funded by the
    8  Department of Transportation, to evaluate the feasibility of
    9  consolidating any existing port districts and port authorities,
   10  and all of their assets, rights, powers, authority, duties, and
   11  bond liabilities, into one or more port districts and port
   12  authorities.
   13         (2) The study shall evaluate and develop findings and
   14  recommendations regarding the feasibility and benefits of
   15  consolidating any of the existing port districts and port
   16  authorities and all of their assets, rights, powers,
   17  authorities, duties, debts, and bond liabilities, into one or
   18  more port districts and port authorities. The study shall
   19  include recommendations for any necessary legislation to
   20  accomplish the recommended consolidations.
   21         (3) The study shall review and consider those matters
   22  deemed relevant, including, but not limited to, the following:
   23         (a) The lands and facilities, including submerged lands,
   24  owned or leased by each identified port district and port
   25  authority.
   26         (b) The current land use designations and county zoning
   27  designations for such locations and facilities.
   28         (c) The current services provided by each of the existing
   29  ports.
   30         (d) The conditions and length of each contract or lease for
   31  the use of the existing port facilities, income generated by
   32  each contract or lease, renewal options available, and the
   33  obligations and debts owed to the existing port facilities under
   34  each contract or lease.
   35         (e) Contracts and leases with vendors, service providers,
   36  and others.
   37         (f) The income and expenses of each port, including, but
   38  not limited to, salaries and benefits, current and projected
   39  pension and other similar retirement obligations, and number,
   40  years of service, and employment status of all employees.
   41         (g) The master plan and five-year operational plan of each
   42  of the existing ports, including proposed staffing, building
   43  acquisition or construction, debt issuance, and budget of each
   44  of the existing ports.
   45         (h) The fiscal capacity of the existing ports.
   46         (i) Security plans and costs associated with implementing
   47  the plans, including all contracts for the provision of security
   48  at the existing ports.
   49         (j) All current, proposed, or anticipated improvements,
   50  development, or construction in the areas under the jurisdiction
   51  of the existing ports.
   52         (k) All agreements between the existing ports and any
   53  common carrier, and any port terminal operator.
   54         (l) Any collective bargaining agreements.
   55         (m) All permits issued by any governmental entity affecting
   56  or related to the existing ports.
   57         (n) Any pending governmental permits or permit
   58  applications.
   59         (o) Finance plans, bond obligations, loans, pledges of
   60  revenue, liens, or other financing arrangements related to the
   61  existing ports or the existing ports facilities.
   62         (p) The feasibility of constructing and managing a new
   63  cruise terminal west of the Skyway Bridge.
   64         (q) The efficacy of the use of public-private partnerships
   65  and public-private operating partnerships with respect to any
   66  consolidated port district and port authority.
   67         (4) The commission shall comply with any applicable public
   68  records exemptions relating to information collected for the
   69  study, including but not limited to confidential proprietary
   70  information and trade secrets, and the contract shall include a
   71  requirement that the contractor comply with any such public
   72  records exemptions.
   73         (5) The final report shall address the matters identified
   74  in this section and any other matters the commission deems
   75  relevant to the creation of one or more consolidated port
   76  authorities and port districts. The final report shall be
   77  submitted to the Governor, the President of the Senate, and the
   78  Speaker of the House of Representatives by February 1, 2014.
   79  This section is repealed upon submission of the final report
   81  ================= T I T L E  A M E N D M E N T ================
   82         And the title is amended as follows:
   83         Delete line 4830
   84  and insert:
   85         deceptive trade practice; directing the Florida
   86         Transportation Commission and the Florida Seaport
   87         Transportation Economic Development Council to conduct
   88         a statewide study evaluating the feasibility of
   89         consolidating any existing port districts and port
   90         authorities into one or more port districts and port
   91         authorities; requiring a report; providing effective
   92         dates.