Florida Senate - 2012                             CS for SB 1168
       
       
       
       By the Committee on Transportation; and Senator Ring
       
       
       
       
       596-02037-12                                          20121168c1
    1                        A bill to be entitled                      
    2         An act relating to freight mobility development;
    3         providing definitions; providing tax credits of a
    4         specified amount relating to increased trade
    5         activities at port facilities for use against
    6         specifically enumerated taxes for a specified number
    7         of tax years; providing eligibility criteria,
    8         limitations, conditions, requirements, and
    9         prohibitions relating to applying for, approving,
   10         calculating, claiming, issuing, recapturing, carrying
   11         over, and redeeming such tax credits; providing for
   12         application; requiring the Department of Economic
   13         Opportunity to adopt rules; requesting the Division of
   14         Statutory Revision to redesignate the title of ch.
   15         311, F.S.; amending s. 311.07, F.S.; redesignating the
   16         ports to be benefitted by the Florida Seaport
   17         Transportation and Economic Development Program;
   18         increasing the minimum amount of annual funding from
   19         the State Transportation Trust Fund to the Florida
   20         Seaport Transportation and Economic Development
   21         Program; requiring the Florida Seaport Transportation
   22         and Economic Development Council to develop guidelines
   23         for project funding; providing for the allocation of
   24         funds to projects and placement of projects in the
   25         tentative work program; authorizing program funds to
   26         be used for data collection and analysis; correcting a
   27         cross-reference; deleting a requirement that
   28         intermodal access projects eligible for funding under
   29         the program be identified in the 5-year Florida
   30         Seaport Mission Plan; authorizing program funds to be
   31         used for updates to a seaport master plan or strategic
   32         development plan; deleting limits on the maximum
   33         amount of matching funds that a port may receive under
   34         the program; making audits of a project receiving
   35         funds under the program subject to the discretion of
   36         the Department of Transportation; amending s. 311.09,
   37         F.S.; revising the criteria that the Florida Seaport
   38         Transportation and Economic Development Council must
   39         use in evaluating certain proposed projects for
   40         funding; deleting responsibilities of the Department
   41         of Community Affairs with respect to projects approved
   42         by the council; requiring the Department of
   43         Transportation to review the applications for projects
   44         approved by the council for consistency with the
   45         Statewide Seaport and Waterways System Plan; requiring
   46         the Department of Transportation to assess the
   47         transportation impacts and economic benefits of
   48         projects approved by the council; requiring the
   49         Department of Economic Opportunity to review projects
   50         approved by the council for consistency with state
   51         economic development goals and policies and with
   52         state, regional, and local plans; conforming cross
   53         references; requiring the Department of Transportation
   54         to request a specified minimum amount of funding for
   55         the Florida Seaport Transportation and Economic
   56         Development Program in its annual budget request;
   57         requiring the Department of Transportation to include
   58         projects approved under the program to be included in
   59         the tentative work program; creating s. 311.10, F.S.;
   60         creating the Strategic Port Investment Initiative;
   61         requiring a specified minimum amount of annual funding
   62         from the State Transportation Trust Fund to the
   63         initiative; requiring the Department of Transportation
   64         to create a prioritized list of strategic investment
   65         projects; specifying criteria for placing a proposed
   66         project on the list; requiring the Department of
   67         Transportation to include projects on the list of
   68         strategic investment projects in the tentative work
   69         program; amending s. 311.14, F.S.; requiring the
   70         Department of Transportation to develop a Statewide
   71         Seaport and Waterways System Plan; specifying the
   72         contents of the plan; deleting requirements for the
   73         creation of freight-mobility and trade-corridor plans;
   74         amending ss. 311.22 and 320.20, F.S.; conforming
   75         cross-references to changes made by the act; providing
   76         an effective date.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Freight and logistics facility credit.—
   81         (1) DEFINITIONS.—As used in this section, the term:
   82         (a) “Capital investment” means the amount properly
   83  chargeable to a capital account for improvements to rehabilitate
   84  or expand depreciable real property placed in service during the
   85  taxable year and the cost of machinery, tools, and equipment
   86  used in a freight and logistics facility directly related to the
   87  movement of cargo. The term includes expenditures associated
   88  with any exterior, structural, mechanical, or electrical
   89  improvements necessary to expand or rehabilitate a building for
   90  commercial or industrial use and excavations, grading, paving,
   91  driveways, roads, sidewalks, landscaping, or other land
   92  improvements. For purposes of this section, machinery, tools,
   93  and equipment shall be deemed to include only that property
   94  placed in service by the freight and logistics facility on or
   95  after January 1, 2013. The term does not include:
   96         1. The cost of acquiring any real property or building.
   97         2. The cost of furnishings.
   98         3. Any expenditure associated with appraisal,
   99  architectural, engineering, or interior design fees.
  100         4. Loan fees, points, or capitalized interest.
  101         5. Legal, accounting, realtor, sales and marketing, or
  102  other professional fees.
  103         6. Closing costs, permit fees, user fees, zoning fees,
  104  impact fees, or inspection fees.
  105         7. The costs of temporary facilities incurred during
  106  construction or the costs of bids, insurance, signage,
  107  utilities, bonding, or copying or lost rent.
  108         8. Utility hookup or access fees.
  109         9. Outbuildings.
  110         10. The cost of any well or septic system.
  111         (b) “Freight and logistics facility” means a company that:
  112         1. Is engaged in port-related activities, including, but
  113  not limited to, warehousing, distribution, freight forwarding
  114  and handling, and goods processing;
  115         2. Uses maritime port facilities as identified in s.
  116  311.09, Florida Statutes; and
  117         3. Transports at least 10 percent more cargo, measured in
  118  20-foot equivalent marine containers, through maritime port
  119  facilities identified in s. 311.09, Florida Statutes, during the
  120  taxable year than was transported by the company through such
  121  facilities during the previous taxable year.
  122         (c) “New, permanent full-time position” means a job of
  123  indefinite duration, created by the company after establishing
  124  or expanding a freight and logistics facility in this state,
  125  requiring a minimum of 35 hours of employment per week for each
  126  employee for the entire normal year of the company’s operations,
  127  or a position of indefinite duration that requires a minimum of
  128  35 hours of employment per week for each employee for the
  129  portion of the taxable year in which the employee was initially
  130  hired for, or transferred to, the freight and logistics facility
  131  in this state. Seasonal or temporary positions, or a job created
  132  when a job function is shifted from an existing location in this
  133  state to the freight and logistics facility, and positions in
  134  building and grounds maintenance, security, and other such
  135  positions that are ancillary to the principal activities
  136  performed by the employees at the freight and logistics facility
  137  do not qualify as new, permanent full-time positions.
  138         (d) “Normal year” means at least 48 weeks in a calendar
  139  year.
  140         (e) “Qualified full-time employee” means an employee
  141  filling a new, permanent full-time position in a freight and
  142  logistics facility in this state.
  143         (f) “Qualified trade activities” means the completed
  144  exportation or importation of at least one International
  145  Organization for Standardization ocean container, with a minimum
  146  20-foot length, through a port facility identified in s. 311.09,
  147  Florida Statutes. An export container must be loaded on a barge
  148  or ocean-going vessel, and an import container must be
  149  discharged from a barge or ocean-going vessel, at such facility.
  150         (g) “Taxable year” has the same meaning as provided in s.
  151  220.03(1)(y), Florida Statutes.
  152         (2) ELIGIBLE CREDIT AMOUNTS.—
  153         (a) For taxable years beginning on or after January 1,
  154  2013, but before January 1, 2017, a taxpayer satisfying the
  155  requirements of this section is allowed a credit against the
  156  taxes imposed by chapters 199, 201, 212, and 220, Florida
  157  Statutes, and s. 624.509, Florida Statutes. The amount of the
  158  credit earned under this section equals:
  159         1. Three thousand dollars per qualified full-time employee
  160  hired as a result of increased qualified trade activities by the
  161  taxpayer; or
  162         2. Five percent of the capital investment made by the
  163  taxpayer to facilitate the increased qualified trade activities.
  164  
  165  The election of which tax credit amount to claim is the
  166  responsibility of the taxpayer. Both tax credits may not be
  167  claimed for the same activities occurring in a calendar year.
  168  The portion of the $3,000 credit earned with respect to any
  169  qualified full-time employee who works in this state for less
  170  than 12 full months during the applicable taxable year is
  171  determined by multiplying the credit amount by a fraction the
  172  numerator of which is the number of full months the employee
  173  worked for the freight and logistics facility in this state
  174  during the applicable taxable year and the denominator of which
  175  is 12. A taxpayer is not eligible for more than $500,000 in tax
  176  credit for a taxable year.
  177         (b) The Department of Economic Opportunity shall issue the
  178  tax credits under this section and may not issue more than $10
  179  million in tax credits under this section in any fiscal year. If
  180  the amount of tax credits requested under this section for any
  181  taxable year exceeds $10 million, the credits shall be allocated
  182  proportionately among all qualified taxpayers who requested the
  183  credit. The department may not issue tax credits under this
  184  section after the fiscal year ending on June 30, 2017. A
  185  taxpayer may not claim any tax credit under this section unless
  186  the taxpayer has applied to the department for the tax credit
  187  and the department has approved the credit. The department shall
  188  determine the credit amount allowable for the taxable year and
  189  provide a written certification to the taxpayer that specifies
  190  the amount of the tax credit approved by the department. The
  191  taxpayer must attach the certification to the applicable income
  192  tax return.
  193         (c) The taxpayer may carry forward any unused credit amount
  194  for the next 10 taxable years.
  195         (d) Credit may not be earned for any employee:
  196         1. For whom a credit was previously earned under this
  197  section or s. 288.106, Florida Statutes, by a related party as
  198  defined in s. 267(b) of the Internal Revenue Code, as amended,
  199  or a trade or business under common control as defined in s.
  200  52(b) of the Internal Revenue Code, as amended;
  201         2. Who was previously employed in the same job function in
  202  this state by a related party as defined in s. 267(b) of the
  203  Internal Revenue Code, as amended, or a trade or business under
  204  common control as defined in s. 52(b) of the Internal Revenue
  205  Code, as amended;
  206         3. Whose job function was previously performed at a
  207  different location in this state by an employee of the taxpayer,
  208  by a related party as defined in s. 267(b) of the Internal
  209  Revenue Code, as amended, or by a trade or business under common
  210  control as defined in s. 52(b) of the Internal Revenue Code, as
  211  amended; or
  212         4. Whose job function previously qualified for a credit
  213  under this section at a different major business facility that
  214  constitutes an employing unit, as defined in s. 443.036, Florida
  215  Statutes, on behalf of the taxpayer, by a related party as
  216  defined in s. 267(b) of the Internal Revenue Code, as amended,
  217  or by a trade or business under common control as defined in s.
  218  52(b) of the Internal Revenue Code, as amended.
  219         (e) For purposes of this section, the amount of any credit
  220  attributable to a partnership, an electing small business
  221  corporation (S corporation), or a limited liability company
  222  shall be allocated to the individual partners, shareholders, or
  223  members, respectively, in proportion to their ownership or
  224  interest in such business entities.
  225         (f) For purposes of this section, two or more affiliated
  226  companies may elect to aggregate the number of jobs created for
  227  qualified full-time employees or the amounts of capital
  228  investments as the result of the establishment or expansion by
  229  the individual companies in order to qualify for the credit
  230  allowed.
  231         (g) Recapture of the credit amount is required, and shall
  232  be accomplished by increasing the tax in any of the 5 taxable
  233  years after the year in which a credit has been earned under
  234  this section, if the number of qualified full-time employees
  235  falls below the average number of qualified full-time employees
  236  during the taxable year. The tax increase amount shall be
  237  determined by:
  238         1. Recalculating the credit that would have been earned for
  239  the original taxable year using the decreased number of
  240  qualified full-time employees; and
  241         2. Subtracting the recalculated credit amount from the
  242  amount previously earned.
  243  
  244  If the average number of qualified full-time employees employed
  245  at a freight and logistics facility falls below the number
  246  employed by the taxpayer before claiming any credits under this
  247  section in any of the 5 taxable years after the year in which
  248  the credits were earned, all credits earned with respect to the
  249  freight and logistics facility must be recaptured. A credit
  250  amount may not be recaptured more than once under this
  251  subsection. Any recapture under this subsection reduces the
  252  credits earned but not yet allowed, and the credits allowed but
  253  carried forward before the taxpayer’s tax liability is
  254  increased.
  255         (3) ADMINISTRATION.—The Department of Economic Opportunity
  256  shall adopt rules to administer this section, including, but not
  257  limited to:
  258         (a) The computation, carryover, and recapture of credits
  259  under this section.
  260         (b) The establishment of criteria to determine eligibility
  261  for credits under this section, including, but not limited to,
  262  the identification of freight and logistics facilities,
  263  qualified full-time employees at such facilities, and capital
  264  investments.
  265         (c) The computation, carryover, recapture, and redemption
  266  of credits under this section by affiliated companies.
  267         Section 2. The Division of Statutory Revision is requested
  268  to redesignate the title of chapter 311, Florida Statutes, as
  269  “Seaport Programs and Facilities.”
  270         Section 3. Section 311.07, Florida Statutes, is amended to
  271  read:
  272         311.07 Florida seaport transportation and economic
  273  development funding.—
  274         (1) There is created the Florida Seaport Transportation and
  275  Economic Development Program within the Department of
  276  Transportation to finance port transportation or port facilities
  277  projects that will improve the movement and intermodal
  278  transportation of cargo or passengers in commerce and trade and
  279  that will support the interests, purposes, and requirements of
  280  ports that have a representative on the Florida Seaport
  281  Transportation and Economic Development Council located in this
  282  state.
  283         (2) A minimum of $15 $8 million per year shall be made
  284  available from the State Transportation Trust Fund to fund the
  285  Florida Seaport Transportation and Economic Development Program.
  286  The Florida Seaport Transportation and Economic Development
  287  Council shall develop guidelines for project funding. Council
  288  staff, the Department of Transportation, and the Department of
  289  Economic Opportunity shall work in cooperation to review
  290  projects and allocate funds in accordance with the schedule
  291  required for the Department of Transportation to include these
  292  projects in the tentative work program developed pursuant to s.
  293  339.135(4).
  294         (3)(a) Program Funds of the Florida Seaport Transportation
  295  and Economic Development Program shall be used to fund approved
  296  projects on a 50-50 matching basis with any of the deepwater
  297  ports that have a representative on the Florida Seaport
  298  Transportation and Economic Development Council, as listed in s.
  299  403.021(9)(b), which is governed by a public body or any other
  300  deepwater port that which is governed by a public body and that
  301  which complies with the water quality provisions of s. 403.061,
  302  the comprehensive master plan requirements of s. 163.3178(2)(k),
  303  and the local financial management and reporting provisions of
  304  part III of chapter 218. However, program funds used to fund
  305  projects that involve the rehabilitation of wharves, docks,
  306  berths, bulkheads, or similar structures shall require a 25
  307  percent match of funds. Program funds also may be used by the
  308  Seaport Transportation and Economic Development Council for data
  309  collection and analysis that to develop trade data information
  310  products which will assist Florida’s seaports and international
  311  trade.
  312         (b) Projects eligible for funding by grants under the
  313  program are limited to the following port facilities or port
  314  transportation projects:
  315         1. Transportation facilities within the jurisdiction of the
  316  port.
  317         2. The dredging or deepening of channels, turning basins,
  318  or harbors.
  319         3. The construction or rehabilitation of wharves, docks,
  320  structures, jetties, piers, storage facilities, cruise
  321  terminals, automated people mover systems, or any facilities
  322  necessary or useful in connection with any of the foregoing.
  323         4. The acquisition of vessel tracking systems, container
  324  cranes, or other mechanized equipment used in the movement of
  325  cargo or passengers in international commerce.
  326         5. The acquisition of land to be used for port purposes.
  327         6. The acquisition, improvement, enlargement, or extension
  328  of existing port facilities.
  329         7. Environmental protection projects that which are
  330  necessary because of requirements imposed by a state agency as a
  331  condition of a permit or other form of state approval; that
  332  which are necessary for environmental mitigation required as a
  333  condition of a state, federal, or local environmental permit;
  334  that which are necessary for the acquisition of spoil disposal
  335  sites and improvements to existing and future spoil sites; or
  336  that which result from the funding of eligible projects listed
  337  in this paragraph.
  338         8. A transportation facility facilities as defined in s.
  339  334.03(31) which is are not otherwise part of the Department of
  340  Transportation’s adopted work program.
  341         9. Seaport Intermodal access projects identified in the 5
  342  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  343         10. Construction or rehabilitation of port facilities as
  344  defined in s. 315.02, excluding any park or recreational
  345  facilities, in ports listed in s. 311.09(1) with operating
  346  revenues of $5 million or less, if provided that such projects
  347  create economic development opportunities, capital improvements,
  348  and positive financial returns to such ports.
  349         11. Updates to a seaport master plan or strategic plan
  350  development, including the purchase of data to support such plan
  351  updates.
  352         (c) To be eligible for consideration by the council
  353  pursuant to this section, a project must be consistent with the
  354  port comprehensive master plan that which is incorporated as
  355  part of the approved local government comprehensive plan as
  356  required by s. 163.3178(2)(k) or other provisions of the
  357  Community Planning Act, part II of chapter 163.
  358         (4) A port eligible for matching funds under the program
  359  may receive a distribution of not more than $7 million during
  360  any 1 calendar year and a distribution of not more than $30
  361  million during any 5-calendar-year period.
  362         (4)(5) Any port that which receives funding under the
  363  program shall institute procedures to ensure that jobs created
  364  as a result of the state funding are shall be subject to equal
  365  opportunity hiring practices in the manner provided in s.
  366  110.112.
  367         (5)(6) The Department of Transportation may conduct a final
  368  audit of a shall subject any project that receives funds
  369  pursuant to this section and s. 320.20 to a final audit. The
  370  department may adopt rules and perform such other acts as are
  371  necessary or convenient to ensure that the final audits are
  372  conducted and that any deficiency or questioned costs noted by
  373  the audit are resolved.
  374         Section 4. Section 311.09, Florida Statutes, is amended to
  375  read:
  376         311.09 Florida Seaport Transportation and Economic
  377  Development Council.—
  378         (1) The Florida Seaport Transportation and Economic
  379  Development Council is created within the Department of
  380  Transportation. The council consists of the following 18
  381  members: the port director, or the port director’s designee, of
  382  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
  383  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
  384  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
  385  West, and Fernandina; the secretary of the Department of
  386  Transportation or his or her designee; and the director of the
  387  Department of Economic Opportunity or his or her designee.
  388         (2) The council shall adopt bylaws governing the manner in
  389  which the business of the council will be conducted. The bylaws
  390  shall specify the procedure by which the chairperson of the
  391  council is elected.
  392         (3) The council shall prepare a 5-year Florida Seaport
  393  Mission Plan defining the goals and objectives of the council
  394  concerning the development of port facilities and an intermodal
  395  transportation system consistent with the goals of the Florida
  396  Transportation Plan developed pursuant to s. 339.155. The
  397  Florida Seaport Mission Plan shall include specific
  398  recommendations for the construction of transportation
  399  facilities connecting any port to another transportation mode
  400  and for the efficient, cost-effective development of
  401  transportation facilities or port facilities for the purpose of
  402  enhancing trade, promoting cargo flow, increasing cruise
  403  passenger movements, increasing port revenues, and providing
  404  economic benefits to the state. The council shall develop a
  405  priority list of projects based on these recommendations
  406  annually and submit the list to the Department of
  407  Transportation. The council shall update the 5-year Florida
  408  Seaport Mission Plan annually and shall submit the plan no later
  409  than February 1 of each year to the President of the Senate, the
  410  Speaker of the House of Representatives, the Department of
  411  Economic Opportunity, and the Department of Transportation. The
  412  council shall develop programs, based on an examination of
  413  existing programs in Florida and other states, for the training
  414  of minorities and secondary school students in job skills
  415  associated with employment opportunities in the maritime
  416  industry, and report on progress and recommendations for further
  417  action to the President of the Senate and the Speaker of the
  418  House of Representatives annually.
  419         (4) The council shall adopt rules for evaluating projects
  420  that which may be funded under ss. 311.07 and 320.20. The rules
  421  shall provide criteria for evaluating proposed projects, which
  422  include, but are not limited to, the following factors:
  423         (a) The consistency of the project with relevant plans;
  424         (b) The potential economic benefits of the project;
  425         (c) Whether the project will create a competitive advantage
  426  for a port over other ports in this state;
  427         (d) The amount of time between the approval of funding and
  428  the commencement of construction of the project; and
  429         (e) Whether the project will increase the capacity of the
  430  seaport system. the economic benefit of the project, measured by
  431  the potential for the proposed project to maintain or increase
  432  cargo flow, cruise passenger movement, international commerce,
  433  port revenues, and the number of jobs for the port’s local
  434  community.
  435         (5) The council shall review and approve or disapprove each
  436  project eligible to be funded pursuant to the Florida Seaport
  437  Transportation and Economic Development Program. The council
  438  shall annually submit to the Secretary of Transportation and the
  439  executive director of the Department of Economic Opportunity, or
  440  his or her designee, a list of projects that which have been
  441  approved by the council. The list shall specify the recommended
  442  funding level for each project; and, if staged implementation of
  443  the project is appropriate, the funding requirements for each
  444  stage shall be specified.
  445         (6) The Department of Community Affairs shall review the
  446  list of projects approved by the council to determine
  447  consistency with approved local government comprehensive plans
  448  of the units of local government in which the port is located
  449  and consistency with the port master plan. The Department of
  450  Community Affairs shall identify and notify the council of those
  451  projects which are not consistent, to the maximum extent
  452  feasible, with such comprehensive plans and port master plans.
  453         (6)(7) The Department of Transportation shall review the
  454  applications for list of projects approved by the council for
  455  consistency with the Florida Transportation Plan, the Statewide
  456  Seaport and Waterways System Plan, and the department’s adopted
  457  work program. In evaluating the consistency of a project, the
  458  department shall assess the transportation impacts and economic
  459  benefits for each project. determine whether the transportation
  460  impact of the proposed project is adequately handled by existing
  461  state-owned transportation facilities or by the construction of
  462  additional state-owned transportation facilities as identified
  463  in the Florida Transportation Plan and the department’s adopted
  464  work program. In reviewing for consistency a transportation
  465  facility project as defined in s. 334.03(31) which is not
  466  otherwise part of the department’s work program, the department
  467  shall evaluate whether the project is needed to provide for
  468  projected movement of cargo or passengers from the port to a
  469  state transportation facility or local road. If the project is
  470  needed to provide for projected movement of cargo or passengers,
  471  the project shall be approved for consistency as a consideration
  472  to facilitate the economic development and growth of the state
  473  in a timely manner. The Department of Transportation shall
  474  identify those projects that which are inconsistent with the
  475  Florida Transportation Plan, the Statewide Seaport and Waterways
  476  System Plan, or and the adopted work program and shall notify
  477  the council of projects found to be inconsistent.
  478         (7)(8) The Department of Economic Opportunity shall review
  479  the applications for list of projects approved by the council to
  480  evaluate the economic benefit of the project and to determine
  481  whether the project is consistent with the Florida Seaport
  482  Mission Plan and with state economic development goals and
  483  policies. The Department of Economic Opportunity shall review
  484  the consistency of the proposed project with state, regional,
  485  and local plans, as appropriate, and the economic benefits of
  486  each project based upon the rules adopted pursuant to subsection
  487  (4). The Department of Economic Opportunity shall identify those
  488  projects that which it has determined do not offer an economic
  489  benefit to the state, are not consistent with an appropriate
  490  plan, or are not consistent with the Florida Seaport Mission
  491  Plan or state economic development goals and policies, and shall
  492  notify the council of its findings.
  493         (8)(9) The council shall review the findings of the
  494  Department of Economic Opportunity and the Department of
  495  Transportation. Projects found to be inconsistent pursuant to
  496  subsections (6) and (7) (6) , (7), and (8) and projects that
  497  which have been determined not to offer an economic benefit to
  498  the state pursuant to subsection (7) may (8) shall not be
  499  included in the list of projects to be funded.
  500         (9)(10) The Department of Transportation shall request at
  501  least $15 million include in its annual legislative budget
  502  request for the a Florida Seaport Transportation and Economic
  503  Development grant program under s. 311.07 for expenditure of
  504  funds of not less than $8 million per year. Such budget shall
  505  include funding for projects approved by the council which have
  506  been determined by each agency to be consistent with the
  507  appropriate plans and state economic goals and policies and
  508  which have been determined by the Department of Economic
  509  Opportunity to be economically beneficial. The department shall
  510  include the specific approved seaport projects approved under
  511  the Florida Seaport Transportation and Economic Development
  512  Program to be funded under s. 311.07 this section during the
  513  ensuing fiscal year in the tentative work program developed
  514  pursuant to s. 339.135(4). The total amount of funding allocated
  515  to be allocated to seaport projects approved under the Florida
  516  Seaport Transportation and Economic Development Program under s.
  517  311.07 during the successive 4 fiscal years shall also be
  518  included in the tentative work program developed pursuant to s.
  519  339.135(4). The council may submit to the department a list of
  520  approved projects that could be made production-ready within the
  521  next 2 years. The list shall be submitted by the department as
  522  part of the needs and project list prepared pursuant to s.
  523  339.135(2)(b). However, the department shall, upon written
  524  request of the Florida Seaport Transportation and Economic
  525  Development Council, submit work program amendments pursuant to
  526  s. 339.135(7) to the Governor within 10 days after the later of
  527  the date the request is received by the department or the
  528  effective date of the amendment, termination, or closure of the
  529  applicable funding agreement between the department and the
  530  affected seaport, as required to release the funds from the
  531  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  532  program amendment to transfer prior year funds from one approved
  533  seaport project to another seaport project is subject to the
  534  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  535  law to the contrary, the department may transfer unexpended
  536  budget between the seaport projects as identified in the
  537  approved work program amendments.
  538         (10)(11) The council shall meet at the call of its
  539  chairperson, at the request of a majority of its membership, or
  540  at such times as may be prescribed in its bylaws. However, the
  541  council must meet at least semiannually. A majority of voting
  542  members of the council constitutes a quorum for the purpose of
  543  transacting the business of the council. All members of the
  544  council are voting members. A vote of the majority of the voting
  545  members present is sufficient for any action of the council,
  546  except that a member representing the Department of
  547  Transportation or the Department of Economic Opportunity may
  548  vote to overrule any action of the council approving a project
  549  pursuant to subsection (5). The bylaws of the council may
  550  require a greater vote for a particular action.
  551         (11)(12) Members of the council shall serve without
  552  compensation but are entitled to receive reimbursement for per
  553  diem and travel expenses as provided in s. 112.061. The council
  554  may elect to provide an administrative staff to provide services
  555  to the council on matters relating to the Florida Seaport
  556  Transportation and Economic Development Program and the council.
  557  The cost for such administrative services shall be paid by all
  558  ports that receive funding from the Florida Seaport
  559  Transportation and Economic Development Program, based upon a
  560  pro rata formula measured by each recipient’s share of the funds
  561  as compared to the total funds disbursed to all recipients
  562  during the year. The share of costs for administrative services
  563  shall be paid in its total amount by the recipient port upon
  564  execution by the port and the Department of Transportation of a
  565  joint participation agreement for each council-approved project,
  566  and such payment is in addition to the matching funds required
  567  to be paid by the recipient port. Except as otherwise exempted
  568  by law, all moneys derived from the Florida Seaport
  569  Transportation and Economic Development Program shall be
  570  expended in accordance with the provisions of s. 287.057.
  571  Seaports subject to competitive negotiation requirements of a
  572  local governing body shall abide by the provisions of s.
  573  287.055.
  574         (12)(13) Until July 1, 2014, Citrus County may apply for a
  575  grant through the Florida Seaport Transportation and Economic
  576  Development Council to perform a feasibility study regarding the
  577  establishment of a port in Citrus County. The council shall
  578  evaluate such application pursuant to subsections (5)-(8) (5)
  579  (9) and, if approved, the Department of Transportation shall
  580  include the feasibility study in its budget request pursuant to
  581  subsection (9) (10). If the study determines that a port in
  582  Citrus County is not feasible, the membership of Port Citrus on
  583  the council shall terminate.
  584         Section 5. Section 311.10, Florida Statutes, is created to
  585  read:
  586         311.10 Strategic Port Investment Initiative.—There is
  587  created the Strategic Port Investment Initiative within the
  588  Department of Transportation. Beginning in the 2012-2013 fiscal
  589  year, a minimum of $35 million annually shall be made available
  590  from the State Transportation Trust Fund to fund the initiative.
  591  The Department of Transportation shall work with the deepwater
  592  ports represented on the Florida Seaport Transportation and
  593  Economic Development Council to annually develop, update, and
  594  maintain a prioritized list of strategic investment projects. A
  595  proposed project may be placed on the list only if the project
  596  will meet the state’s economic development goal of becoming a
  597  hub for trade, logistics, and export-oriented activities by:
  598         (a) Providing important access and major on-port capacity
  599  improvements;
  600         (b) Providing capital improvements that will strategically
  601  position the state to maximize opportunities in international
  602  trade and logistics and in the cruise industry;
  603         (c) Achieving the state’s goals for an integrated
  604  intermodal transportation system; and
  605         (d) Demonstrating the feasibility of receiving matching
  606  funds through local or private partners.
  607         (2) Before finalizing the list of strategic investment
  608  projects, the Department of Transportation must hold a public
  609  workshop with the Department of Economic Opportunity and the
  610  deepwater ports represented on the Florida Seaport
  611  Transportation and Economic Development Council to review the
  612  proposed projects. The Department of Transportation shall
  613  finalize the list of projects after considering the comments
  614  received during the workshop.
  615         (3) The Department of Transportation, to the extent
  616  feasible, shall include the projects on the list of strategic
  617  investment projects, in the tentative work program developed
  618  pursuant to s. 339.135(4).
  619         Section 6. Section 311.14, Florida Statutes, is amended to
  620  read:
  621         311.14 Seaport planning.—
  622         (1) The Department of Transportation shall develop, in
  623  coordination with the ports represented on the Florida Seaport
  624  Transportation and Economic Development Council and other
  625  partners, a Statewide Seaport and Waterways System Plan. The
  626  plan must be consistent with the principles of the Florida
  627  Transportation Plan under s. 339.155 and must consider the needs
  628  identified in individual port master plans and those needs from
  629  the seaport strategic plans required under this section. The
  630  plan must identify 5-year, 10-year, and 20-year needs for the
  631  seaport system and include seaport, waterway, road, and rail
  632  projects that are needed to support the success of the
  633  transportation system as a whole in supporting state economic
  634  development goals. The Florida Seaport Transportation and
  635  Economic Development Council, in cooperation with the Office of
  636  the State Public Transportation Administrator within the
  637  Department of Transportation, shall develop freight-mobility and
  638  trade-corridor plans to assist in making freight-mobility
  639  investments that contribute to the economic growth of the state.
  640  Such plans should enhance the integration and connectivity of
  641  the transportation system across and between transportation
  642  modes throughout Florida for people and freight.
  643         (2) The Office of the State Public Transportation
  644  Administrator shall act to integrate freight-mobility and trade
  645  corridor plans into the Florida Transportation Plan developed
  646  pursuant to s. 339.155 and into the plans and programs of
  647  metropolitan planning organizations as provided in s. 339.175.
  648  The office may also provide assistance in expediting the
  649  transportation permitting process relating to the construction
  650  of seaport freight-mobility projects located outside the
  651  physical borders of seaports. The Department of Transportation
  652  may contract, as provided in s. 334.044, with any port listed in
  653  s. 311.09(1) or any such other statutorily authorized seaport
  654  entity to act as an agent in the construction of seaport
  655  freight-mobility projects.
  656         (2)(3) Each port shall develop a strategic plan with a 10
  657  year horizon. Each plan must include the following:
  658         (a) An economic development component that identifies
  659  targeted business opportunities for increasing business and
  660  attracting new business for which a particular facility has a
  661  strategic advantage over its competitors, identifies financial
  662  resources and other inducements to encourage growth of existing
  663  business and acquisition of new business, and provides a
  664  projected schedule for attainment of the plan’s goals.
  665         (b) An infrastructure development and improvement component
  666  that identifies all projected infrastructure improvements within
  667  the plan area which require improvement, expansion, or
  668  development in order for a port to attain a strategic advantage
  669  for competition with national and international competitors.
  670         (c) A component that identifies all intermodal
  671  transportation facilities, including sea, air, rail, or road
  672  facilities, which are available or have potential, with
  673  improvements, to be available for necessary national and
  674  international commercial linkages and provides a plan for the
  675  integration of port, airport, and railroad activities with
  676  existing and planned transportation infrastructure.
  677         (d) A component that identifies physical, environmental,
  678  and regulatory barriers to achievement of the plan’s goals and
  679  provides recommendations for overcoming those barriers.
  680         (e) An intergovernmental coordination component that
  681  specifies modes and methods to coordinate plan goals and
  682  missions with the missions of the Department of Transportation,
  683  other state agencies, and affected local, general-purpose
  684  governments.
  685  
  686  To the extent feasible, the port strategic plan must be
  687  consistent with the local government comprehensive plans of the
  688  units of local government in which the port is located. Upon
  689  approval of a plan by the port’s board, the plan shall be
  690  submitted to the Florida Seaport Transportation and Economic
  691  Development Council.
  692         (3)(4) The Florida Seaport Transportation and Economic
  693  Development Council shall review the strategic plans submitted
  694  by each port and prioritize strategic needs for inclusion in the
  695  Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
  696         Section 7. Subsection (2) of section 311.22, Florida
  697  Statutes, is amended to read:
  698         311.22 Additional authorization for funding certain
  699  dredging projects.—
  700         (2) The council shall adopt rules for evaluating the
  701  projects that may be funded pursuant to this section. The rules
  702  must provide criteria for evaluating the economic benefit of the
  703  project. The rules must include the creation of an
  704  administrative review process by the council which is similar to
  705  the process described in s. 311.09(5)-(11) s. 311.09(5)-(12),
  706  and provide for a review by the Department of Transportation and
  707  the Department of Economic Opportunity of all projects submitted
  708  for funding under this section.
  709         Section 8. Subsections (3) and (4) of section 320.20,
  710  Florida Statutes, are amended to read:
  711         320.20 Disposition of license tax moneys.—The revenue
  712  derived from the registration of motor vehicles, including any
  713  delinquent fees and excluding those revenues collected and
  714  distributed under the provisions of s. 320.081, must be
  715  distributed monthly, as collected, as follows:
  716         (3) Notwithstanding any other provision of law except
  717  subsections (1) and (2), on July 1, 1996, and annually
  718  thereafter, $15 million shall be deposited in the State
  719  Transportation Trust Fund solely for the purposes of funding the
  720  Florida Seaport Transportation and Economic Development Program
  721  as provided for in chapter 311. Such revenues shall be
  722  distributed on a 50-50 matching basis to any port listed in s.
  723  311.09(1) to be used for funding projects as described in s.
  724  311.07(3)(b). Such revenues may be assigned, pledged, or set
  725  aside as a trust for the payment of principal or interest on
  726  bonds, tax anticipation certificates, or any other form of
  727  indebtedness issued by an individual port or appropriate local
  728  government having jurisdiction thereof, or collectively by
  729  interlocal agreement among any of the ports, or used to purchase
  730  credit support to permit such borrowings. However, such debt
  731  does shall not constitute a general obligation of the State of
  732  Florida. The state does hereby covenant with holders of such
  733  revenue bonds or other instruments of indebtedness issued
  734  hereunder that it will not repeal, or impair, or amend in any
  735  manner that which will materially and adversely affect the
  736  rights of such holders so long as bonds authorized by this
  737  section are outstanding. Any revenues that which are not pledged
  738  to the repayment of bonds as authorized by this section may be
  739  utilized for purposes authorized under the Florida Seaport
  740  Transportation and Economic Development Program. This revenue
  741  source is in addition to any amounts provided for and
  742  appropriated in accordance with s. 311.07. The Florida Seaport
  743  Transportation and Economic Development Council shall approve
  744  distribution of funds to ports for projects that which have been
  745  approved pursuant to s. 311.09(5)-(8) s. 311.09(5)-(9). The
  746  council and the Department of Transportation are authorized to
  747  perform such acts as are required to facilitate and implement
  748  the provisions of this subsection. To better enable the ports to
  749  cooperate to their mutual advantage, the governing body of each
  750  port may exercise powers provided to municipalities or counties
  751  in s. 163.01(7)(d) subject to the provisions of chapter 311 and
  752  special acts, if any, pertaining to a port. The use of funds
  753  provided pursuant to this subsection are limited to eligible
  754  projects listed in this subsection. Income derived from a
  755  project completed with the use of program funds, beyond
  756  operating costs and debt service, shall be restricted to further
  757  port capital improvements consistent with maritime purposes and
  758  for no other purpose. Use of such income for nonmaritime
  759  purposes is prohibited. The provisions of s. 311.07(4) do not
  760  apply to any funds received pursuant to this subsection. The
  761  revenues available under this subsection may shall not be
  762  pledged to the payment of any bonds other than the Florida Ports
  763  Financing Commission Series 1996 and Series 1999 Bonds currently
  764  outstanding; provided, however, such revenues may be pledged to
  765  secure payment of refunding bonds to refinance the Florida Ports
  766  Financing Commission Series 1996 and Series 1999 Bonds. No
  767  refunding bonds secured by revenues available under this
  768  subsection may be issued with a final maturity later than the
  769  final maturity of the Florida Ports Financing Commission Series
  770  1996 and Series 1999 Bonds or which provide for higher debt
  771  service in any year than is currently payable on such bonds. Any
  772  revenue bonds or other indebtedness issued after July 1, 2000,
  773  other than refunding bonds shall be issued by the Division of
  774  Bond Finance at the request of the Department of Transportation
  775  pursuant to the State Bond Act.
  776         (4) Notwithstanding any other provision of law except
  777  subsections (1), (2), and (3), on July 1, 1999, and annually
  778  thereafter, $10 million shall be deposited in the State
  779  Transportation Trust Fund solely for the purposes of funding the
  780  Florida Seaport Transportation and Economic Development Program
  781  as provided in chapter 311 and for funding seaport intermodal
  782  access projects of statewide significance as provided in s.
  783  341.053. Such revenues shall be distributed to any port listed
  784  in s. 311.09(1), to be used for funding projects as follows:
  785         (a) For any seaport intermodal access projects that are
  786  identified in the 1997-1998 Tentative Work Program of the
  787  Department of Transportation, up to the amounts needed to offset
  788  the funding requirements of this section.
  789         (b) For seaport intermodal access projects as described in
  790  s. 341.053(5) that are identified in the 5-year Florida Seaport
  791  Mission Plan as provided in s. 311.09(3). Funding for such
  792  projects shall be on a matching basis as mutually determined by
  793  the Florida Seaport Transportation and Economic Development
  794  Council and the Department of Transportation, provided a minimum
  795  of 25 percent of total project funds shall come from any port
  796  funds, local funds, private funds, or specifically earmarked
  797  federal funds.
  798         (c) On a 50-50 matching basis for projects as described in
  799  s. 311.07(3)(b).
  800         (d) For seaport intermodal access projects that involve the
  801  dredging or deepening of channels, turning basins, or harbors;
  802  or the rehabilitation of wharves, docks, or similar structures.
  803  Funding for such projects shall require a 25 percent match of
  804  the funds received pursuant to this subsection. Matching funds
  805  shall come from any port funds, federal funds, local funds, or
  806  private funds.
  807  
  808  Such revenues may be assigned, pledged, or set aside as a trust
  809  for the payment of principal or interest on bonds, tax
  810  anticipation certificates, or any other form of indebtedness
  811  issued by an individual port or appropriate local government
  812  having jurisdiction thereof, or collectively by interlocal
  813  agreement among any of the ports, or used to purchase credit
  814  support to permit such borrowings. However, such debt does shall
  815  not constitute a general obligation of the state. This state
  816  does hereby covenant with holders of such revenue bonds or other
  817  instruments of indebtedness issued hereunder that it will not
  818  repeal, or impair, or amend this subsection in any manner that
  819  which will materially and adversely affect the rights of holders
  820  so long as bonds authorized by this subsection are outstanding.
  821  Any revenues that are not pledged to the repayment of bonds as
  822  authorized by this section may be utilized for purposes
  823  authorized under the Florida Seaport Transportation and Economic
  824  Development Program. This revenue source is in addition to any
  825  amounts provided for and appropriated in accordance with s.
  826  311.07 and subsection (3). The Florida Seaport Transportation
  827  and Economic Development Council shall approve distribution of
  828  funds to ports for projects that have been approved pursuant to
  829  s. 311.09(5)-(8) s. 311.09(5)-(9), or for seaport intermodal
  830  access projects identified in the 5-year Florida Seaport Mission
  831  Plan as provided in s. 311.09(3) and mutually agreed upon by the
  832  FSTED Council and the Department of Transportation. All
  833  contracts for actual construction of projects authorized by this
  834  subsection must include a provision encouraging employment of
  835  participants in the welfare transition program. The goal for
  836  employment of participants in the welfare transition program is
  837  25 percent of all new employees employed specifically for the
  838  project, unless the Department of Transportation and the Florida
  839  Seaport Transportation and Economic Development Council
  840  demonstrate that such a requirement would severely hamper the
  841  successful completion of the project. In such an instance,
  842  Workforce Florida, Inc., shall establish an appropriate
  843  percentage of employees that must be participants in the welfare
  844  transition program. The council and the Department of
  845  Transportation are authorized to perform such acts as are
  846  required to facilitate and implement the provisions of this
  847  subsection. To better enable the ports to cooperate to their
  848  mutual advantage, the governing body of each port may exercise
  849  powers provided to municipalities or counties in s. 163.01(7)(d)
  850  subject to the provisions of chapter 311 and special acts, if
  851  any, pertaining to a port. The use of funds provided pursuant to
  852  this subsection is limited to eligible projects listed in this
  853  subsection. The provisions of s. 311.07(4) do not apply to any
  854  funds received pursuant to this subsection. The revenues
  855  available under this subsection may shall not be pledged to the
  856  payment of any bonds other than the Florida Ports Financing
  857  Commission Series 1996 and Series 1999 Bonds currently
  858  outstanding; provided, however, such revenues may be pledged to
  859  secure payment of refunding bonds to refinance the Florida Ports
  860  Financing Commission Series 1996 and Series 1999 Bonds. No
  861  refunding bonds secured by revenues available under this
  862  subsection may be issued with a final maturity later than the
  863  final maturity of the Florida Ports Financing Commission Series
  864  1996 and Series 1999 Bonds or which provide for higher debt
  865  service in any year than is currently payable on such bonds. Any
  866  revenue bonds or other indebtedness issued after July 1, 2000,
  867  other than refunding bonds shall be issued by the Division of
  868  Bond Finance at the request of the Department of Transportation
  869  pursuant to the State Bond Act.
  870         Section 9. This act shall take effect July 1, 2012.