Senate Bill sb0432e1

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    CS for CS for SB 432                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         320.20, F.S.; prescribing when certain funds

  4         will become subject to appropriation; revising

  5         the distribution of license tax moneys

  6         deposited in the State Transportation Trust

  7         Fund for the funding of the Florida Seaport

  8         Transportation and Economic Development Program

  9         and certain seaport intermodal access projects;

10         requiring the Florida Seaport Transportation

11         and Economic Development Council to submit a

12         list of certain freight mobility projects to

13         the Department of Transportation; requiring

14         that the council and the department agree upon

15         the projects selected for funding; requiring

16         the department to include the selected projects

17         for funding in the tentative work program;

18         providing that specified bonds shall be issued

19         by the Division of Bond Finance at the request

20         of the department; providing for funding the

21         construction of wharves and docks; providing

22         for funding certain seaport intermodal access

23         projects; requiring match; providing for the

24         issuance of bonds for such projects; creating

25         s. 311.23, F.S.; creating the Florida Seaport

26         Finance Corporation; providing for membership

27         of its board of directors; providing its powers

28         and duties; authorizing the issuance and

29         validation of bonds; exempting the corporation

30         from taxation; declaring that the corporation

31         is not a special district; authorizing


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    CS for CS for SB 432                           First Engrossed



 1         interlocal agreements; exempting board members

 2         and employees of the corporation from liability

 3         for certain acts; providing that certain

 4         provisions of this act do not affect the

 5         validity of specified Florida Ports Financing

 6         Commission bonds; providing an effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Section 320.20, Florida Statutes, is

11  amended to read:

12         320.20  Disposition of license tax moneys.--The revenue

13  derived from the registration of motor vehicles, including any

14  delinquent fees and excluding those revenues collected and

15  distributed under the provisions of s. 320.081, must be

16  distributed monthly, as collected, as follows:

17         (1)  The first proceeds, to the extent necessary to

18  comply with the provisions of s. 18, Art. XII of the State

19  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

20  revised constitution, and the additional provisions of s. 9(d)

21  and s. 1010.57, must be deposited in the district Capital

22  Outlay and Debt Service School Trust Fund.

23         (2)  Twenty-five million dollars per year of such

24  revenues must be deposited in the State Transportation Trust

25  Fund, with priority use assigned to completion of the

26  interstate highway system. However, any excess funds may be

27  utilized for general transportation purposes, consistent with

28  the Department of Transportation's legislatively approved

29  objectives.

30         (3)  Notwithstanding any other provision of law except

31  subsections (1) and (2), on July 1, 1996, and annually


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    CS for CS for SB 432                           First Engrossed



 1  thereafter, $15 million shall be deposited in the State

 2  Transportation Trust Fund solely for the purposes of funding

 3  the Florida Seaport Transportation and Economic Development

 4  Program as provided for in chapter 311. Upon the issuance of

 5  bonds pursuant to s. 311.23 which legally defease all

 6  outstanding Florida Ports Financing Commission Series 1996

 7  Bonds, such deposit shall be subject to appropriation. Such

 8  revenues shall be distributed to any port listed in s.

 9  311.09(1), to be used for funding projects as follows:

10         (a)  For any seaport intermodal access projects that

11  are identified in the tentative work program of the Department

12  of Transportation for the 2007-2008 to 2011-2012 fiscal years,

13  up to the amounts needed to offset the funding requirements of

14  this section.

15         (b)  For seaport intermodal access projects as

16  described in s. 341.053(6) which are identified in the 5-year

17  Florida Seaport Mission Plan as provided in s. 311.09(3),

18  funding shall require at least a 25 percent match of the funds

19  received pursuant to this subsection. Matching funds shall

20  come from any port funds, federal funds, local funds, or

21  private funds.

22         (c)  For seaport projects as described in s.

23  311.07(3)(b), funds shall be provided on a 50-50 matching

24  basis.

25         (d)  For seaport intermodal access projects that

26  involve the dredging or deepening of channels, turning basins,

27  or harbors, or the construction or rehabilitation of wharves,

28  docks, or similar structures, funding shall require at least a

29  25 percent match of the funds received pursuant to this

30  subsection. Matching funds shall come from any port funds,

31  federal funds, local funds, or private funds. on a 50-50


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    CS for CS for SB 432                           First Engrossed



 1  matching basis to any port listed in s. 311.09(1) to be used

 2  for funding projects as described in s. 311.07(3)(b).

 3  

 4  Such revenues may be assigned, pledged, or set aside as a

 5  trust for the payment of principal or interest on bonds issued

 6  pursuant to s. 311.23, tax anticipation certificates, or any

 7  other form of indebtedness issued by an individual port or

 8  appropriate local government having jurisdiction thereof, or

 9  collectively by interlocal agreement among any of the ports,

10  or used to purchase credit support to permit such borrowings.

11  However, such debt shall not constitute a general obligation

12  of the State of Florida. The state does hereby covenant with

13  holders of such revenue bonds or other instruments of

14  indebtedness issued hereunder that it will not repeal or

15  impair or amend in any manner that which will materially and

16  adversely affects affect the rights of such holders so long as

17  bonds authorized by this section are outstanding. Any revenues

18  which are not pledged to the repayment of bonds as authorized

19  by this section may be utilized for purposes authorized under

20  the Florida Seaport Transportation and Economic Development

21  Program.  This revenue source is in addition to any amounts

22  provided for and appropriated in accordance with s. 311.07.

23  The Florida Seaport Transportation and Economic Development

24  Council shall submit to the Department of Transportation a

25  list of strategic transportation, economic development, and

26  freight mobility projects that contribute to the economic

27  growth of the state and that approve distribution of funds to

28  ports for projects which have been approved pursuant to s.

29  311.09(5)-(9). The council and the Department of

30  Transportation shall mutually agree upon the prioritization

31  and selection of projects for funding. The Department of


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    CS for CS for SB 432                           First Engrossed



 1  Transportation shall include the selected projects for funding

 2  in the tentative work program developed pursuant to s.

 3  339.135. The council and the Department of Transportation are

 4  authorized to perform such acts as are required to facilitate

 5  and implement the provisions of this subsection, including the

 6  funding of approved projects through the use of other state

 7  funding programs, local contributions from seaports, and the

 8  creative use of federal funds. To better enable the ports to

 9  cooperate for to their mutual advantage, the governing body of

10  each port may exercise powers provided to municipalities or

11  counties in s. 163.01(7)(d) subject to the provisions of

12  chapter 311 and special acts, if any, pertaining to a port.

13  The use of funds provided pursuant to this subsection are

14  limited to eligible projects listed in this subsection. Income

15  derived from a project completed with the use of program

16  funds, beyond operating costs and debt service, shall be

17  restricted to furthering further port capital improvements

18  consistent with maritime purposes and for no other purpose.

19  Use of such income for nonmaritime purposes is prohibited. The

20  provisions of s. 311.07(4) do not apply to any funds received

21  pursuant to this subsection. The Department of Transportation

22  is authorized, pursuant to s. 311.23, to request the issuance

23  of bonds pledging the revenues provided in this subsection and

24  subsectionS (4) and (5) including bonds issued to refund the

25  Florida Ports Financing Commission Series 1996 and Series 1999

26  Bonds. All bonds issued pursuant to this subsection shall

27  mature by June 1, 2037. The revenues available under this

28  subsection shall not be pledged to the payment of any bonds

29  other than the Florida Ports Financing Commission Series 1996

30  and Series 1999 Bonds currently outstanding; provided,

31  however, such revenues may be pledged to secure payment of


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    CS for CS for SB 432                           First Engrossed



 1  refunding bonds to refinance the Florida Ports Financing

 2  Commission Series 1996 and Series 1999 Bonds. No Refunding

 3  bonds secured by revenues available under this subsection may

 4  not be issued with a final maturity later than the final

 5  maturity of the Florida Ports Financing Commission Series 1996

 6  and Series 1999 Bonds or which provide for higher debt service

 7  in any year than is currently payable on such bonds. Any

 8  revenue bonds or other indebtedness issued after July 1, 2000,

 9  other than refunding bonds shall be issued by the Division of

10  Bond Finance at the request of the Department of

11  Transportation pursuant to the State Bond Act.

12         (4)  Notwithstanding any other provision of law except

13  subsections (1), (2), and (3), on July 1, 1999, and annually

14  thereafter, $10 million shall be deposited annually into in

15  the State Transportation Trust Fund solely for the purposes of

16  funding the Florida Seaport Transportation and Economic

17  Development Program as provided in chapter 311 and for funding

18  seaport intermodal access projects of statewide significance

19  as provided in s. 341.053. Upon the issuance of bonds pursuant

20  to s. 311.23 which legally defease all outstanding Florida

21  Ports Financing Commission Series 1999 Bonds, such deposit

22  shall be subject to appropriation. Such revenues shall be

23  distributed to any port listed in s. 311.09(1), to be used for

24  funding projects as follows:

25         (a)  For any seaport intermodal access projects that

26  are identified in the 1997-1998 Tentative Work Program of the

27  Department of Transportation, up to the amounts needed to

28  offset the funding requirements of this section.

29         (b)  For seaport intermodal access projects as

30  described in s. 341.053(5) that are identified in the 5-year

31  Florida Seaport Mission Plan as provided in s. 311.09(3).


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    CS for CS for SB 432                           First Engrossed



 1  Funding for such projects shall be on a matching basis as

 2  mutually determined by the Florida Seaport Transportation and

 3  Economic Development Council and the Department of

 4  Transportation, provided a minimum of 25 percent of total

 5  project funds comes shall come from any port funds, local

 6  funds, private funds, or specifically earmarked federal funds.

 7         (c)  On a 50-50 matching basis for projects as

 8  described in s. 311.07(3)(b).

 9         (d)  For seaport intermodal access projects that

10  involve the dredging or deepening of channels, turning basins,

11  or harbors,; or the construction or rehabilitation of wharves,

12  docks, or similar structures. Funding for such projects shall

13  require a 25-percent match of the funds received pursuant to

14  this subsection. Matching funds must shall come from any port

15  funds, federal funds, local funds, or private funds.

16  

17  Such revenues may be assigned, pledged, or set aside as a

18  trust for the payment of principal or interest on bonds issued

19  pursuant to s. 311.23, tax anticipation certificates, or any

20  other form of indebtedness issued by an individual port or

21  appropriate local government having jurisdiction thereof, or

22  collectively by interlocal agreement among any of the ports,

23  or used to purchase credit support to permit such borrowings.

24  However, such debt does shall not constitute a general

25  obligation of the state. This state does hereby covenant with

26  holders of such revenue bonds or other instruments of

27  indebtedness issued hereunder that it will not repeal or

28  impair or amend this subsection in any manner that which will

29  materially and adversely affects affect the rights of holders

30  so long as bonds authorized by this subsection are

31  outstanding. Any revenues that are not pledged to the


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    CS for CS for SB 432                           First Engrossed



 1  repayment of bonds as authorized by this section may be used

 2  utilized for purposes authorized under the Florida Seaport

 3  Transportation and Economic Development Program. This revenue

 4  source is in addition to any amounts provided for and

 5  appropriated in accordance with s. 311.07 and subsection (3).

 6  The Florida Seaport Transportation and Economic Development

 7  Council shall submit to the Department of Transportation a

 8  list of strategic transportation, economic development, and

 9  freight mobility projects that contribute to the economic

10  growth of the state and approve distribution of funds to ports

11  for projects that have been approved pursuant to s.

12  311.09(5)-(9), or that have been approved for seaport

13  intermodal access projects identified in the 5-year Florida

14  Seaport Mission Plan as provided in s. 311.09(3) and mutually

15  agreed upon by the FSTED Council and the Department of

16  Transportation. The council and the Department of

17  transportation shall mutually agree upon the prioritization

18  and selection of projects for funding.  The Department of

19  Transportation shall include the selected projects for funding

20  in the tentative work program developed pursuant to s.

21  339.135. All contracts for actual construction of projects

22  authorized by this subsection must include a provision

23  encouraging employment of participants in the welfare

24  transition program. The goal for employment of participants in

25  the welfare transition program is 25 percent of all new

26  employees employed specifically for the project, unless the

27  Department of Transportation and the Florida Seaport

28  Transportation and Economic Development Council demonstrate

29  that such a requirement would severely hamper the successful

30  completion of the project. In such an instance, Workforce

31  Florida, Inc., shall establish an appropriate percentage of


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    CS for CS for SB 432                           First Engrossed



 1  employees that must be participants in the welfare transition

 2  program. The council and the Department of Transportation are

 3  authorized to perform such acts as are required to facilitate

 4  and implement the provisions of this subsection, including the

 5  funding of approved projects through the use of other state

 6  funding programs, local contributions from seaports, and the

 7  creative use of federal funds. To better enable the ports to

 8  cooperate for to their mutual advantage, the governing body of

 9  each port may exercise powers provided to municipalities or

10  counties in s. 163.01(7)(d) subject to the provisions of

11  chapter 311 and special acts, if any, pertaining to a port.

12  The use of funds provided pursuant to this subsection is

13  limited to eligible projects listed in this subsection. The

14  provisions of s. 311.07(4) do not apply to any funds received

15  pursuant to this subsection. The Department of Transportation

16  is authorized, pursuant to s. 311.23, to request the issuance

17  of bonds pledging the revenues provided in subsections (3) and

18  (5) and this subsection, including bonds issued to refund the

19  Florida Ports Financing Commission Series 1996 and Series 1999

20  Bonds. All bonds issued pursuant to this subsection shall

21  mature by June 1, 2037. The revenues available under this

22  subsection shall not be pledged to the payment of any bonds

23  other than the Florida Ports Financing Commission Series 1996

24  and Series 1999 Bonds currently outstanding; provided,

25  however, such revenues may be pledged to secure payment of

26  refunding bonds to refinance the Florida Ports Financing

27  Commission Series 1996 and Series 1999 Bonds. No refunding

28  bonds secured by revenues available under this subsection may

29  be issued with a final maturity later than the final maturity

30  of the Florida Ports Financing Commission Series 1996 and

31  Series 1999 Bonds or which provide for higher debt service in


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    CS for CS for SB 432                           First Engrossed



 1  any year than is currently payable on such bonds. Any revenue

 2  bonds or other indebtedness issued after July 1, 2000, other

 3  than refunding bonds shall be issued by the Division of Bond

 4  Finance at the request of the Department of Transportation

 5  pursuant to the State Bond Act.

 6         (5)  Notwithstanding any other provision of law except

 7  subsections (1), (2), (3), and (4), on July 1, 2008, and

 8  annually thereafter, $3 million shall be deposited into the

 9  State Transportation Trust Fund solely to fund the Florida

10  Seaport Transportation and Economic Development Program as

11  provided in chapter 311 and to fund seaport intermodal access

12  projects of statewide significance as provided in s. 341.053.

13  Such deposit shall be subject to appropriation. The revenues

14  shall be distributed to any port listed in s. 311.09(1), to be

15  used for funding projects as follows:

16         (a)  For any seaport intermodal access projects that

17  are identified in the tentative work program of the Department

18  of Transportation for the 2007-2008 to 2011-2012 fiscal years,

19  up to the amounts needed to offset the funding requirements of

20  this section.

21         (b)  For seaport intermodal access projects described

22  in s.341.053(6) which are identified in the 5-year Florida

23  Seaport Mission Plan as provided in s. 311.09(3), funding

24  shall require at least a 25 percent match of the funds

25  received pursuant to this subsection. Matching funds must come

26  from any port funds, federal funds, local funds, or private

27  funds.

28         (c)  On a 50-50 matching basis for projects described

29  in s. 311.07(3)(b).

30         (d)  For seaport intermodal access projects that

31  involve the dredging or deepening of channels, turning basins,


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    CS for CS for SB 432                           First Engrossed



 1  or harbors, or the construction or rehabilitation of wharves,

 2  docks, or similar structures, funding shall require at least a

 3  25 percent match of the funds received pursuant to this

 4  subsection. Matching funds must come from any port funds,

 5  federal funds, local funds, or private funds.

 6  

 7  Such revenues may be assigned, pledged, or set aside as a

 8  trust for the payment of principal or interest on bonds issued

 9  pursuant to s. 311.23. However, such debt does not constitute

10  a general obligation of the state. The state covenants with

11  holders of such bonds that it will not repeal or impair or

12  amend this subsection in any manner that materially and

13  adversely affects the rights of holders so long as bonds

14  authorized by this subsection are outstanding. Any revenues

15  that are not pledged for the repayment of bonds may be used

16  for purposes authorized under the Florida Seaport

17  Transportation and Economic Development Program. This is in

18  addition to any amounts provided for and appropriated in

19  accordance with s. 311.07 and subsections (3) and (4). The

20  Florida Seaport Transportation and and Economic Development

21  Council shall submit to the Department of Transportation a

22  list of strategic transportation, economic development, and

23  freight mobility projects that contribute to the economic

24  growth of the state and that have been approved pursuant to s.

25  311.09(5)-(9), or that have been approved for seaport

26  intermodal access projects identified in the 5-year Florida

27  Seaport Mission Plan as provided in s. 311.09(3). The council

28  and the Department of Transportation shall mutually agree upon

29  the prioritization and selection of projects for funding. The

30  Department of Transportation shall include the selected

31  projects for funding in the tentative work program developed


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    CS for CS for SB 432                           First Engrossed



 1  pursuant to s. 339.135. The council and the Department of

 2  Transportation may perform such acts as are required to

 3  facilitate and implement this subsection, including the

 4  funding of approved projects through the use of other state

 5  funding programs, local contributions from seaports, and the

 6  creative use of federal funds. To better enable the ports to

 7  cooperate for their mutual advantage, the governing body of

 8  each port may exercise powers provided to municipalities or

 9  counties in s. 163.01(7)(d), subject to chapter 311 and any

10  special acts pertaining to the port. The use of funds provided

11  under this subsection is limited to eligible projects listed

12  in this subsection. The Department of Transportation is

13  authorized, pursuant to s. 311.23, to request the issuance of

14  bonds pledging the revenues provided in subsections (3), (4),

15  and (5). All bonds secured by revenues under subsection (5)

16  shall mature by July 1, 2037.

17         (6)(5)(a)  Except as provided in paragraph (c), the

18  remainder of such revenues must be deposited in the State

19  Transportation Trust Fund.

20         (b)  Each month the Chief Financial Officer each month

21  shall deposit in the State Transportation Trust Fund an

22  amount, drawn from other funds in the State Treasury which are

23  not immediately needed or are otherwise in excess of the

24  amount necessary to meet the requirements of the State

25  Treasury, which when added to such remaining revenues each

26  month will equal one-twelfth of the amount of the anticipated

27  annual revenues to be deposited in the State Transportation

28  Trust Fund under paragraph (a) as determined by the Chief

29  Financial Officer after consultation with the revenue

30  estimating conference held pursuant to s. 216.136(3). The

31  required transfers required thereunder may be suspended by


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    CS for CS for SB 432                           First Engrossed



 1  action of the Legislative Budget Commission in the event of a

 2  significant shortfall of state revenues.

 3         (c)  In any month in which the remaining revenues

 4  derived from the registration of motor vehicles exceed

 5  one-twelfth of those anticipated annual remaining revenues as

 6  determined by the Chief Financial Officer after consultation

 7  with the revenue estimating conference, the excess shall be

 8  credited to those state funds in the State Treasury from which

 9  the amount was originally drawn, up to the amount which was

10  deposited in the State Transportation Trust Fund under

11  paragraph (b). A final adjustment must be made in the last

12  months of a fiscal year so that the total revenue deposited in

13  the State Transportation Trust Fund each year equals the

14  amount derived from the registration of motor vehicles, less

15  the amount distributed under subsection (1). For the purposes

16  of this paragraph and paragraph (b), the term "remaining

17  revenues" means all revenues deposited into the State

18  Transportation Trust Fund under paragraph (a) and subsections

19  (2) and (3). In order for that interest earnings to continue

20  to accrue to the General Revenue Fund, the Department of

21  Transportation may not invest an amount equal to the

22  cumulative amount of funds deposited in the State

23  Transportation Trust Fund under paragraph (b) less funds

24  credited under this paragraph as computed on a monthly basis.

25  The amounts to be credited under this and the preceding

26  paragraph must be calculated and certified to the Chief

27  Financial Officer by the Executive Office of the Governor.

28         Section 2.  Section 311.23, Florida Statutes, is

29  created to read:

30         311.23  Florida Seaport Finance Corporation.--There is

31  created a public benefits corporation, which is an


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    CS for CS for SB 432                           First Engrossed



 1  instrumentality of the state, to be known as the Florida

 2  Seaport Finance Corporation.

 3         (1)  The corporation shall operate under a five-member

 4  board of directors consisting of the Governor or a designee,

 5  the Chief Financial Officer or a designee, the Attorney

 6  General or a designee, the Director of the Division of Bond

 7  Finance of the State Board of Administration, and the

 8  Secretary of the Department of Transportation. The Director of

 9  the Division of Bond Finance shall be the chief executive

10  officer of the corporation, shall direct and supervise the

11  administrative affairs of the corporation and shall control,

12  direct, and supervise the operation of the corporation. The

13  corporation shall also have such other officers as are

14  determined by the board of directors.

15         (2)  The corporation shall have all the powers of a

16  corporate body under the laws of the state, including, but not

17  limited to, chapters 607 and 617, to the extent not

18  inconsistent with or restricted by the provisions of this

19  section, including, but not limited to, the power to:

20         (a)  Adopt, amend, and repeal bylaws not inconsistent

21  with this section.

22         (b)  Sue and be sued.

23         (c)  Adopt and use a common seal.

24         (d)  Acquire, purchase, hold, lease, and convey such

25  real and personal property as is proper or expedient to carry

26  out the purposes of the corporation and this section, and to

27  sell, lease, or otherwise dispose of such property.

28         (e)  Elect or appoint and employ such officers, agents,

29  and employees as the corporation deems advisable to operate

30  and manage the affairs of the corporation, which officers,

31  agents, and employees may be officers or employees of the


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    CS for CS for SB 432                           First Engrossed



 1  Department of Transportation and the state agencies

 2  represented on the board of directors of the corporation.

 3         (f)  At the request of the Department of

 4  Transportation, issue bonds for the purpose of financing or

 5  refinancing fixed capital outlay seaport projects as provided

 6  in s. 320.20(3) and (4).

 7         (g)  Make and execute any and all contracts, trust

 8  agreements, and other instruments and agreements necessary or

 9  convenient to accomplish the purposes of the corporation and

10  this section.

11         (h)  Select, retain, and employ professionals,

12  contractors, or agents, which may include the Division of Bond

13  Finance, as necessary or convenient to enable or assist the

14  corporation in carrying out the purposes of the corporation

15  and this section.

16         (i)  Do any act or thing necessary or convenient to

17  carry out the purposes of the corporation and this section and

18  the powers provided in this section.

19         (3)  The corporation is authorized to enter into one or

20  more contracts with the Department of Transportation pursuant

21  to which the corporation shall finance or refinance fixed

22  capital outlay seaport projects as provided in s. 320.20(3),

23  (4), and (5). The Department of Transportation may enter into

24  one or more such contracts with the corporation and provide

25  for payments under such contracts pursuant s. 320.20(3), (4),

26  and (5) subject to annual appropriation by the Legislature.

27  The proceeds from such contracts may be used for the

28  administrative costs and expenses of the corporation after

29  making payments as provided in subsection (4). In compliance

30  with s. 287.0641 and other applicable provisions of law, the

31  obligations of the Department of Transportation under such


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    CS for CS for SB 432                           First Engrossed



 1  contracts do not constitute a general obligation of the state

 2  or a pledge of the faith and credit or taxing power of the

 3  state, and such obligations are not obligations of the State

 4  Board of Administration or the Department of Transportation,

 5  except as provided in this section, but shall be payable

 6  solely from amounts received pursuant to s. 320.20(3), (4),

 7  and (5), subject to annual appropriation by the Legislature.

 8  In compliance with this subsection and s. 287.0582, the

 9  contract must expressly include the following statement: "The

10  State of Florida's performance and obligation to pay under

11  this contract is contingent upon an annual appropriation by

12  the Legislature."

13         (4)  The corporation may issue bonds payable from and

14  secured by amounts payable to the corporation by the

15  Department of Transportation under a contract entered into

16  pursuant to subsection (3) for the purpose of financing or

17  refinancing fixed capital outlay seaport projects as provided

18  in s. 320.20(3), (4), and (5). Any such indebtedness of the

19  corporation does not constitute a debt or obligation of the

20  state or a pledge of the faith and credit or taxing power of

21  the state, but is payable from and secured by payments made by

22  the Department of Transportation under the contract. Bonds

23  issued pursuant to this section are payable from, and secured

24  by a first lien on, funds available pursuant to s. 320.20(3),

25  (4), and (5), subject to annual appropriation. The bonds are

26  subject to the provisions of s. 320.20(3), (4), and (5). Such

27  funds may be assigned and pledged as security and deposited in

28  trust with the State Board of Administration pursuant to the

29  terms of an agreement entered into among the Department of

30  Transportation, the Division of Bond Finance, and the State

31  Board of Administration.


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    CS for CS for SB 432                           First Engrossed



 1         (5)  The fulfillment of the purposes of the corporation

 2  promotes the health, safety, and general welfare of the people

 3  of the state and serves as essential governmental functions

 4  and a paramount public purpose.

 5         (6)  The corporation is exempt from taxation and

 6  assessments of any nature whatsoever upon its income and any

 7  property, assets, or revenues acquired, received, or used in

 8  the furtherance of the purposes provided in this chapter. The

 9  bonds of the corporation incurred pursuant to subsection (4)

10  and the interest and income thereon and all security

11  agreements, letters of credit, liquidity facilities, or other

12  obligations or instruments arising out of, entered into in

13  connection therewith, or given to secure payment thereof are

14  exempt from all taxation, provided such exemption does not

15  apply to any tax imposed by chapter 220 on the interest,

16  income, or profits on debt obligations owned by corporations.

17         (7)  The corporation may validate bonds issued pursuant

18  to this section and the validity and enforceability of any

19  contracts providing for payments pledged to the payment

20  thereof by proceedings under chapter 75. The validation

21  complaint shall be filed only in the Circuit Court for Leon

22  County. The notice required to be published by s. 75.06 must

23  be published in Leon County, and the complaint and order of

24  the circuit court shall be served only on the State Attorney

25  for the Second Judicial Circuit. Sections 75.04(2) and

26  75.06(2) do not apply to a complaint for validation filed

27  under this subsection. The first bonds issued pursuant to this

28  section shall be validated.

29         (8)  The corporation is not a special district for

30  purposes of chapter 189 or a unit of local government for

31  purposes of part III of chapter 218. The provisions of


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    CS for CS for SB 432                           First Engrossed



 1  chapters 120 and 215, except the limitation on interest rates

 2  provided by s. 215.84 which applies to obligations of the

 3  corporation issued pursuant to this section, and part I of

 4  chapter 287, except ss. 287.0582 and 287.0641, do not apply to

 5  this section, the corporation, the contracts entered into

 6  pursuant to this section, or to bonds issued by the

 7  corporation as contemplated in this section.

 8         (9)  In no event shall any of the benefits or earnings

 9  of the corporation inure to the benefit of any private person.

10         (10)  Upon dissolution of the corporation, title to all

11  property owned by the corporation shall revert to the state.

12         (11)  The corporation may contract with the State Board

13  of Administration to serve as trustee with respect to bonds

14  issued by the corporation as contemplated by this section and

15  to hold, administer, and invest proceeds of such bonds and

16  other funds of the corporation and to perform other services

17  required by the corporation. The State Board of Administration

18  may perform such services and may contract with others to

19  provide all or a part of such services and to recover its and

20  such other costs and expenses thereof.

21         (12)  The Department of Transportation and any

22  participating port that is governed by a public body, local

23  governments, or local governments collectively by interlocal

24  agreement having jurisdiction of a seaport project may enter

25  into an interlocal agreement with the Department of

26  Transportation to promote the efficient and cost-effective

27  financing or refinancing of approved projects pursuant to this

28  section. The terms of such interlocal agreements must include

29  provisions for the Department of Transportation to request the

30  issuance by the corporation of the bonds on behalf of the

31  ports or local governments described above; may provide that


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    CS for CS for SB 432                           First Engrossed



 1  each party to the agreement is contractually liable for a

 2  share of funding an amount equal to the debt service

 3  requirements of such bonds; and must include any other terms,

 4  provisions, or covenants necessary for full performance under

 5  such interlocal agreement. Repayments made to the Department

 6  of Transportation under any interlocal agreement are not

 7  pledged to the repayment of bonds issued under this section,

 8  and failure of the local governmental authority to make such

 9  payment does not affect the obligation of the Department of

10  Transportation to make payment on any contract with the

11  corporation.

12         (13)  There is no liability on the part of, and no

13  cause of action shall arise against, any board members or

14  employees of the corporation for any actions taken by them in

15  the performance of their duties under this section.

16         Section 3.  The provisions of section 7 and 8 of this

17  act do not affect the validity of the Florida Ports Financing

18  Commission Series 1996 and 1999 Bonds.

19         Section 4.  This act shall take effect July 1, 2007.

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