Florida Senate - 2015 SB 1456
By Senator Latvala
20-01336C-15 20151456__
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 212.055, F.S.; revising the term “infrastructure” to
4 include any expenditure for compliance with permit
5 conditions of existing and planned infrastructure and
6 planning studies in certain situations; amending s.
7 215.82, F.S.; removing a cross-reference; amending s.
8 311.07, F.S.; increasing the minimum amount of money
9 per year which must be available from the State
10 Transportation Trust Fund to fund the Florida Seaport
11 Transportation and Economic Development Program;
12 amending s. 311.09, F.S.; increasing the minimum
13 amount of money per year the Department of
14 Transportation must include in its annual legislative
15 budget request for the Florida Seaport Transportation
16 and Economic Development Program; amending s. 338.227,
17 F.S.; providing that certain turnpike revenue bonds
18 are not required to be validated pursuant to ch. 75,
19 F.S., but may be validated at the option of the
20 Division of Bond Finance; requiring that complaints
21 related to validation, if filed, be filed in the
22 circuit court of the county in which the seat of state
23 government is situated; providing that the notice must
24 be published in the county in which the complaint is
25 filed; requiring the complaint and order of the
26 circuit court to be served on the state attorney of
27 the circuit in which the action is pending; amending
28 s. 338.231, F.S.; increasing the time a prepaid toll
29 account is inactive for it to be presumed to be
30 unclaimed; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Paragraph (d) of subsection (2) of section
35 212.055, Florida Statutes, is amended to read:
36 212.055 Discretionary sales surtaxes; legislative intent;
37 authorization and use of proceeds.—It is the legislative intent
38 that any authorization for imposition of a discretionary sales
39 surtax shall be published in the Florida Statutes as a
40 subsection of this section, irrespective of the duration of the
41 levy. Each enactment shall specify the types of counties
42 authorized to levy; the rate or rates which may be imposed; the
43 maximum length of time the surtax may be imposed, if any; the
44 procedure which must be followed to secure voter approval, if
45 required; the purpose for which the proceeds may be expended;
46 and such other requirements as the Legislature may provide.
47 Taxable transactions and administrative procedures shall be as
48 provided in s. 212.054.
49 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
50 (d) The proceeds of the surtax authorized by this
51 subsection and any accrued interest shall be expended by the
52 school district, within the county and municipalities within the
53 county, or, in the case of a negotiated joint county agreement,
54 within another county, to finance, plan, and construct
55 infrastructure; to acquire land for public recreation,
56 conservation, or protection of natural resources; to provide
57 loans, grants, or rebates to residential or commercial property
58 owners who make energy efficiency improvements to their
59 residential or commercial property, if a local government
60 ordinance authorizing such use is approved by referendum; or to
61 finance the closure of county-owned or municipally owned solid
62 waste landfills that have been closed or are required to be
63 closed by order of the Department of Environmental Protection.
64 Any use of the proceeds or interest for purposes of landfill
65 closure before July 1, 1993, is ratified. The proceeds and any
66 interest may not be used for the operational expenses of
67 infrastructure, except that a county that has a population of
68 fewer than 75,000 and that is required to close a landfill may
69 use the proceeds or interest for long-term maintenance costs
70 associated with landfill closure. Counties, as defined in s.
71 125.011, and charter counties may, in addition, use the proceeds
72 or interest to retire or service indebtedness incurred for bonds
73 issued before July 1, 1987, for infrastructure purposes, and for
74 bonds subsequently issued to refund such bonds. Any use of the
75 proceeds or interest for purposes of retiring or servicing
76 indebtedness incurred for refunding bonds before July 1, 1999,
77 is ratified.
78 1. For the purposes of this paragraph, the term
79 “infrastructure” means:
80 a. Any fixed capital expenditure or fixed capital outlay
81 associated with the construction, reconstruction, or improvement
82 of public facilities that have a life expectancy of 5 or more
83 years and any related land acquisition, land improvement,
84 design, and engineering costs.
85 b. A fire department vehicle, an emergency medical service
86 vehicle, a sheriff’s office vehicle, a police department
87 vehicle, or any other vehicle, and the equipment necessary to
88 outfit the vehicle for its official use or equipment that has a
89 life expectancy of at least 5 years.
90 c. Any expenditure for the construction, lease, or
91 maintenance of, or provision of utilities or security for,
92 facilities, as defined in s. 29.008.
93 d. Any fixed capital expenditure or fixed capital outlay
94 associated with the improvement of private facilities that have
95 a life expectancy of 5 or more years and that the owner agrees
96 to make available for use on a temporary basis as needed by a
97 local government as a public emergency shelter or a staging area
98 for emergency response equipment during an emergency officially
99 declared by the state or by the local government under s.
100 252.38. Such improvements are limited to those necessary to
101 comply with current standards for public emergency evacuation
102 shelters. The owner must enter into a written contract with the
103 local government providing the improvement funding to make the
104 private facility available to the public for purposes of
105 emergency shelter at no cost to the local government for a
106 minimum of 10 years after completion of the improvement, with
107 the provision that the obligation will transfer to any
108 subsequent owner until the end of the minimum period.
109 e. Any land acquisition expenditure for a residential
110 housing project in which at least 30 percent of the units are
111 affordable to individuals or families whose total annual
112 household income does not exceed 120 percent of the area median
113 income adjusted for household size, if the land is owned by a
114 local government or by a special district that enters into a
115 written agreement with the local government to provide such
116 housing. The local government or special district may enter into
117 a ground lease with a public or private person or entity for
118 nominal or other consideration for the construction of the
119 residential housing project on land acquired pursuant to this
120 sub-subparagraph.
121 f. Any expenditure for compliance with permit conditions of
122 existing and planned infrastructure and planning studies to
123 improve and maintain the efficiency of infrastructure. This only
124 applies in a county where the local planning agency has
125 documented in its existing land use files that less than 10
126 percent of the buildable land countywide is vacant land.
127 2. For the purposes of this paragraph, the term “energy
128 efficiency improvement” means any energy conservation and
129 efficiency improvement that reduces consumption through
130 conservation or a more efficient use of electricity, natural
131 gas, propane, or other forms of energy on the property,
132 including, but not limited to, air sealing; installation of
133 insulation; installation of energy-efficient heating, cooling,
134 or ventilation systems; installation of solar panels; building
135 modifications to increase the use of daylight or shade;
136 replacement of windows; installation of energy controls or
137 energy recovery systems; installation of electric vehicle
138 charging equipment; installation of systems for natural gas fuel
139 as defined in s. 206.9951; and installation of efficient
140 lighting equipment.
141 3. Notwithstanding any other provision of this subsection,
142 a local government infrastructure surtax imposed or extended
143 after July 1, 1998, may allocate up to 15 percent of the surtax
144 proceeds for deposit into a trust fund within the county’s
145 accounts created for the purpose of funding economic development
146 projects having a general public purpose of improving local
147 economies, including the funding of operational costs and
148 incentives related to economic development. The ballot statement
149 must indicate the intention to make an allocation under the
150 authority of this subparagraph.
151 Section 2. Subsection (2) of section 215.82, Florida
152 Statutes, is amended to read:
153 215.82 Validation; when required.—
154 (2) Any bonds issued pursuant to this act which are
155 validated shall be validated in the manner provided by chapter
156 75. In actions to validate bonds to be issued in the name of the
157 State Board of Education under s. 9(a) and (d), Art. XII of the
158 State Constitution and bonds to be issued pursuant to chapter
159 259, the Land Conservation Act of 1972, the complaint shall be
160 filed in the circuit court of the county where the seat of state
161 government is situated, the notice required to be published by
162 s. 75.06 shall be published only in the county where the
163 complaint is filed, and the complaint and order of the circuit
164 court shall be served only on the state attorney of the circuit
165 in which the action is pending. In any action to validate bonds
166 issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
167 Art. XII of the State Constitution or issued pursuant to s.
168 215.605 or s. 338.227, the complaint shall be filed in the
169 circuit court of the county where the seat of state government
170 is situated, the notice required to be published by s. 75.06
171 shall be published in a newspaper of general circulation in the
172 county where the complaint is filed and in two other newspapers
173 of general circulation in the state, and the complaint and order
174 of the circuit court shall be served only on the state attorney
175 of the circuit in which the action is pending; provided,
176 however, that if publication of notice pursuant to this section
177 would require publication in more newspapers than would
178 publication pursuant to s. 75.06, such publication shall be made
179 pursuant to s. 75.06.
180 Section 3. Subsection (2) of section 311.07, Florida
181 Statutes, is amended to read:
182 311.07 Florida seaport transportation and economic
183 development funding.—
184 (2) A minimum of $25 $15 million per year shall be made
185 available from the State Transportation Trust Fund to fund the
186 Florida Seaport Transportation and Economic Development Program.
187 The Florida Seaport Transportation and Economic Development
188 Council created in s. 311.09 shall develop guidelines for
189 project funding. Council staff, the Department of
190 Transportation, and the Department of Economic Opportunity shall
191 work in cooperation to review projects and allocate funds in
192 accordance with the schedule required for the Department of
193 Transportation to include these projects in the tentative work
194 program developed pursuant to s. 339.135(4).
195 Section 4. Subsection (9) of section 311.09, Florida
196 Statutes, is amended to read:
197 311.09 Florida Seaport Transportation and Economic
198 Development Council.—
199 (9) The Department of Transportation shall include no less
200 than $25 $15 million per year in its annual legislative budget
201 request for the Florida Seaport Transportation and Economic
202 Development Program funded under s. 311.07. Such budget request
203 shall include funding for projects approved by the council which
204 have been determined by each agency to be consistent. The
205 department shall include the specific approved Florida Seaport
206 Transportation and Economic Development Program projects to be
207 funded under s. 311.07 during the ensuing fiscal year in the
208 tentative work program developed pursuant to s. 339.135(4). The
209 total amount of funding to be allocated to Florida Seaport
210 Transportation and Economic Development Program projects under
211 s. 311.07 during the successive 4 fiscal years must shall also
212 be included in the tentative work program developed pursuant to
213 s. 339.135(4). The council may submit to the department a list
214 of approved projects that could be made production-ready within
215 the next 2 years. The list shall be submitted by the department
216 as part of the needs and project list prepared pursuant to s.
217 339.135(2)(b). However, the department shall, upon written
218 request of the Florida Seaport Transportation and Economic
219 Development Council, submit work program amendments pursuant to
220 s. 339.135(7) to the Governor within 10 days after the later of
221 the date the request is received by the department or the
222 effective date of the amendment, termination, or closure of the
223 applicable funding agreement between the department and the
224 affected seaport, as required to release the funds from the
225 existing commitment. Notwithstanding s. 339.135(7)(c), any work
226 program amendment to transfer prior year funds from one approved
227 seaport project to another seaport project is subject to the
228 procedures in s. 339.135(7)(d). Notwithstanding any provision of
229 law to the contrary, the department may transfer unexpended
230 budget between the seaport projects as identified in the
231 approved work program amendments.
232 Section 5. Subsection (5) is added to section 338.227,
233 Florida Statutes, to read:
234 338.227 Turnpike revenue bonds.—
235 (5) Notwithstanding s. 215.82, bonds issued pursuant to
236 this section are not required to be validated pursuant to
237 chapter 75 but may be validated at the option of the Division of
238 Bond Finance. Any complaint about such validation must be filed
239 in the circuit court of the county in which the seat of state
240 government is situated. The notice required to be published by
241 s. 75.06 must be published only in the county in which the
242 complaint is filed. The complaint and order of the circuit court
243 must be served on the state attorney of the circuit in which the
244 action is pending.
245 Section 6. Paragraph (c) of subsection (3) of section
246 338.231, Florida Statutes, is amended to read:
247 338.231 Turnpike tolls, fixing; pledge of tolls and other
248 revenues.—The department shall at all times fix, adjust, charge,
249 and collect such tolls and amounts for the use of the turnpike
250 system as are required in order to provide a fund sufficient
251 with other revenues of the turnpike system to pay the cost of
252 maintaining, improving, repairing, and operating such turnpike
253 system; to pay the principal of and interest on all bonds issued
254 to finance or refinance any portion of the turnpike system as
255 the same become due and payable; and to create reserves for all
256 such purposes.
257 (3)
258 (c) Notwithstanding any other provision of law to the
259 contrary, any prepaid toll account of any kind which has
260 remained inactive for 10 3 years shall be presumed unclaimed and
261 its disposition shall be handled by the Department of Financial
262 Services in accordance with all applicable provisions of chapter
263 717 relating to the disposition of unclaimed property, and the
264 prepaid toll account shall be closed by the department.
265 Section 7. This act shall take effect July 1, 2015.