CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Transportation & Economic Development

12  Appropriations offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (c) of subsection (4) of section

19  339.12, Florida Statutes, is amended to read:

20         339.12 Aid and contributions by governmental entities

21  for department projects; federal aid.--

22         (4)

23         (c) The department may is authorized to enter into

24  agreements under this subsection for a project or project

25  phase not included in the adopted work program.  As used in

26  this paragraph, the term "project phase" means acquisition of

27  rights-of-way, construction, construction inspection, and

28  related support phases.  The project or project phase must be

29  a high priority of the governmental entity.  Reimbursement for

30  a project of project phase must be made from funds

31  appropriated by the Legislature pursuant to s.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  339.135(5).  All other provisions of this subsection apply to

 2  agreements entered into under this paragraph.  At no time

 3  shall The total amount of project agreements for projects or

 4  project phases not include in the adopted work program may not

 5  at any time exceed $100 $50 million.

 6         Section 2.  Section 339.55, Florida Statutes, is

 7  created to read:

 8         339.55  State-funded infrastructure bank.--

 9         (1)  There is created within the Department of

10  Transportation a state-funded infrastructure bank for the

11  purpose of providing loans and credit enhancements to

12  government units and private entities for use in constructing

13  and improving transportation facilities.

14         (2)  The bank may lend capital costs or provide credit

15  enhancements for a transportation facility project that is on

16  the State Highway System or that provides for increased

17  mobility on the state's transportation system. Loans from the

18  bank may be subordinated to senior project debt that has an

19  investment grade rating of "BBB" or higher.

20         (3)  Loans from the bank may bear interest at or below

21  market interest rates, as determined by the department.

22  Repayment of any loan from the bank shall commence not later

23  than 5 years after the project has been completed or, in the

24  case of a highway project, the facility has opened to traffic,

25  whichever is later, and shall be repaid in no more than 30

26  years.

27         (4)  Except as provided in s. 339.137, to be eligible

28  for consideration, projects must be consistent, to the maximum

29  extent feasible, with local metropolitan planning organization

30  plans and local government comprehensive plans and must

31  provide a dedicated repayment source to ensure the loan is

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  repaid to the bank.

 2         (5)  The department may consider, but is not limited

 3  to, the following criteria for evaluation of projects for

 4  assistance from the bank:

 5         (a)  The credit worthiness of the project.

 6         (b)  A demonstration that the project will encourage,

 7  enhance, or create economic benefits.

 8         (c)  The likelihood that assistance would enable the

 9  project to proceed at an earlier date than would otherwise be

10  possible.

11         (d)  The extent to which assistance would foster

12  innovative public-private partnerships and attract private

13  debt or equity investment.

14         (e)  The extent to which the project would use new

15  technologies, including intelligent transportation systems,

16  that would enhance the efficient operation of the project.

17         (f)  The extent to which the project would maintain or

18  protect the environment.

19         (g)  A demonstration that the project includes

20  transportation benefits for improving intermodalism and

21  safety.

22         (h)  The amount of the proposed assistance as a

23  percentage of the overall project costs with emphasis on local

24  and private participation.

25         (6)  Loan assistance provided by the bank shall be

26  included in the department's work program developed in

27  accordance with s. 339.135.

28         (7)  The department is authorized to adopt rules to

29  implement the state-funded infrastructure bank.

30         Section 3.  There is hereby appropriated $50 million in

31  fiscal year 2000-2001 from non-recurring General Revenue to

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  the State Transportation Trust Fund to carry out the

 2  provisions of s. 339.55, Florida Statutes, related to the

 3  state-funded infrastructure bank.  In fiscal years 2001-2002

 4  and 2002-2003, $50 million shall be transferred annually from

 5  non-recurring General Revenue to the State Transportation

 6  Trust Fund to capitalize the state-funded infrastructure bank

 7  created in s. 339.55, Florida Statutes.

 8         Section 4.  Section 339.137, Florida Statutes, is

 9  created to read:

10         339.137  Transportation Outreach Program (TOP)

11  supporting economic development; administration; definitions;

12  eligible projects; Transportation Outreach Program (TOP)

13  Advisory Council created; limitations; funding.--

14         (1)  There is created within the Department of

15  Transportation a Transportation Outreach Program (TOP)

16  dedicated to funding transportation projects of a high

17  priority that improve the state's economic growth and

18  competitiveness. The department shall provide administrative

19  support for the program as provided in subsection (9).

20         (2)  For purposes of this section, words and phrases

21  shall have the following meanings:

22         (a)  The term "economic development" means economic

23  activities which result in development or retention of income

24  generative industries which increase per capita earned income

25  in the state.

26         (b)  The term "regionally significant transportation

27  project of critical concern" means a transportation facility

28  improvement project located in one county which provides

29  significant enhancement of economic development opportunities

30  in an adjoining county or counties and which provides

31  improvements to a hurricane evacuation route.

                                  4

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         (3)  Eligible projects include those for planning,

 2  designing, acquiring rights-of-way for, or constructing the

 3  following:

 4         (a)  Major highway improvements:

 5         1.  Florida Intrastate Highway System.

 6         2.  Feeder roads which provide linkages to major

 7  highways.

 8         3.  Bridges of regional significance.

 9         4.  Trade and economic development corridors.

10         5.  Access projects for freight and passengers.

11         6.  Hurricane evacuation routes.

12         (b)  Major public transportation projects:

13         1.  Seaport projects which improve cargo and passenger

14  movements.

15         2.  Aviation projects which increase passenger

16  enplanements and cargo activity.

17         3.  Transit projects which improve mobility on

18  interstate highways, or which improve regional or localized

19  travel.

20         4.  Rail projects that facilitate the movement of

21  passengers and cargo including ancillary pedestrian

22  facilities.

23         5.  Spaceport Florida Authority projects which improve

24  space transportation capacity and facilities consistent with

25  the provisions of s. 331.360.

26         6.  Bicycle and pedestrian facilities that add to or

27  enhance a statewide system of public trails.

28         (c)  Highway and bridge projects that facilitate

29  retention and expansion of military installations, or that

30  facilitate reuse and development of any military base

31  designated for closure by the federal government.

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         (4)  Economic growth projects may be proposed by any

 2  local government, regional organization, economic development

 3  board, public or private partnership, metropolitan planning

 4  organization, state agency, or other entity engaged in

 5  economic development activities.

 6         (5)  Transportation funding under this section shall

 7  target proposed projects using the following mechanisms:

 8         (a)  Economic development-related transportation

 9  projects can compete for funding under the program. Projects

10  funded under this program should provide for increased

11  mobility on the state's transportation system.  Projects which

12  have local or private financial partners or which enhance

13  hurricane evacuation may be given priority over other

14  projects.

15         (b)  Establishment of a funding allocation under this

16  program reserved to quickly respond to transportation needs of

17  emergent economic development projects that may be outside of

18  the routine project selection process. This funding may be

19  used to match local or private contributions for

20  transportation projects which meet the definition of economic

21  development contained in this section.

22         (c)  Establish innovative financing methods to enable

23  the state to respond in a timely manner to major or emergent

24  economic development-related transportation needs that require

25  timely commitments. These innovative financing methods

26  include, but are not limited to, the state infrastructure

27  bank, state bonds for right-of-way acquisition and bridge

28  construction, state bonds for fixed guideway transportation

29  systems, state bonds for federal aid highway construction,

30  funds previously programmed by the department for high-speed

31  rail development, and any other local, state, or federal funds

                                  6

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  made available to the department.

 2         (6)  To be eligible for funding under the program,

 3  projects must meet the following minimum criteria:

 4         (a)  The project or project phase selected can be made

 5  production-ready within a 5-year period following the end of

 6  the current fiscal year.

 7         (b)  The project is listed in an outer year of the

 8  5-year work program and can be made production-ready and

 9  advanced to an earlier year of the 5-year work program.

10         (c)  The project is consistent with a current

11  transportation system plan including, but not limited to, the

12  Florida Intrastate Highway System, aviation, intermodal/rail,

13  seaport, spaceport, or transit system plans.

14         (d)  The project is not inconsistent with an approved

15  local comprehensive plan of any local government within whose

16  boundaries the project is located in whole or in part or, if

17  inconsistent, is accompanied by an explanation of why the

18  project should be undertaken.

19         (e)  One or more of the minimum criteria listed in

20  paragraphs (a) through (d) may be waived for a regionally

21  significant transportation project of critical concern.

22         (7)  The Transportation Outreach Program (TOP) Advisory

23  Council is created to annually make recommendations to the

24  Legislature on prioritization and selection of economic growth

25  projects as provided in this section.

26         (a)  The council shall consist of:

27         1.  Two representatives chosen by the Speaker of the

28  House of Representatives.

29         2.  Two representatives chosen by the President of the

30  Senate.

31         3.  Two representatives chosen by the Governor.

                                  7

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         (b)  Terms for council members shall be 2 years, and

 2  each member shall be allowed one vote.

 3         (c)  Initial appointments must be made no later than 60

 4  days after this act takes effect. Vacancies in the council

 5  shall be filled in the same manner as the original

 6  appointment.

 7         (d)  The council shall hold its initial meeting no

 8  later than 30 days after the members have been appointed in

 9  order to organize and select a chair and vice chair from the

10  council membership. Meetings shall be held at the call of the

11  chair, but not less frequently than quarterly.

12         (e)  The members of the council shall serve without

13  compensation but shall be reimbursed for per diem and travel

14  expenses as provided in s. 112.061. The department shall

15  provide administrative staff support, travel and per diem

16  expenses for the council.

17         (8)  Because transportation investment plays a key role

18  in economic development, the council and the department shall

19  actively participate in state and local economic development

20  programs, including:

21         (a)  Working in partnership with other state and local

22  agencies in business recruitment, expansion, and retention

23  activities to ensure early transportation input into the

24  process.

25         (b)  Providing expertise and rapid response in

26  analyzing the transportation needs of emergent economic

27  development projects.

28         (c)  Investing in state transportation projects that

29  truly support economic development as measured through

30  increased per capita earned income in the state.

31         (9)  The council shall review and prioritize projects

                                  8

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  submitted for funding under the program and shall recommend to

 2  the Legislature a transportation outreach program. The

 3  department shall provide technical expertise and support as

 4  requested by the council, and shall develop financial plans,

 5  cash forecast plans, and program and resource plans necessary

 6  to implement this program. These supporting documents shall be

 7  submitted with the transportation outreach program.

 8         (10)  Projects recommended for funding under the

 9  transportation outreach program shall be submitted to the

10  Governor and the Legislature as a separate section of the

11  department's tentative work program.  Final approval of the

12  transportation outreach program shall be made by the

13  Legislature through the General Appropriations Act. Program

14  projects approved by the Legislature must be included in the

15  department's adopted work program.

16         (11)  For purposes of funding projects under the

17  program, the department shall allocate from the State

18  Transportation Trust Fund in its program and resource plan a

19  minimum of $60 million each year beginning in fiscal 2001-2002

20  for a transportation outreach program.  This funding is to be

21  reserved for projects to be funded under the transportation

22  outreach program.

23         (12)  Notwithstanding any other law to the contrary the

24  requirements of ss. 206.46(3), 206.606(2), 339.135, 339.155,

25  and 339.175 shall not apply to the transportation outreach

26  program.

27         (13)  The department is authorized to adopt rules to

28  implement the transportation outreach program supporting

29  economic development.

30         Section 5.  Beginning in fiscal year 2001-2002 the

31  Department of Transportation shall allocate sufficient funds

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  to implement the Mobility 2000 (Building Roads for the 21st

 2  Century) initiative. The department shall develop a plan to

 3  expend these revenues and amend the current tentative work

 4  program for the time period 2000-2001 through 2004-2005 prior

 5  to adoption to include Mobility 2000 projects.  In addition,

 6  prior to work program adoption, the department shall submit a

 7  budget amendment pursuant to s. 339.135(7), Florida Statutes,

 8  reflecting the budget authority needed to implement the

 9  Mobility 2000 initiative. Funds will be used for corridors

10  that link Florida's economic regions to seaports,

11  international airports, and markets to provide connections

12  through major gateways, improved mobility in major urbanized

13  areas, and access routes for emergency evacuation to coastal

14  communities based on analysis of current and projected traffic

15  conditions.

16         Section 6.  There is hereby appropriated $75 million

17  from non-recurring General Revenue and $50 million from

18  non-recurring General Revenue in fiscal year 2000-2001 to the

19  State Transportation Trust Fund to carry out the Mobility 2000

20  initiative pursuant to section 5.  Any funds remaining in

21  fiscal year 2000-2001 after the Mobility 2000 initiative is

22  funded shall be used to fund projects identified in the

23  Florida Freight Stakeholders Task Force Report dated November

24  23, 1999, or in the Year 2000 "Fast Track" Project

25  Recommendations dated January 10, 2000 

26         Section 7.  Notwithstanding the provisions of section

27  215.20(1), Florida Statutes, the service charge provided in

28  section 215.20(1), Florida Statutes, which is deducted from

29  the proceeds of the taxes distributed under section 206.606,

30  206.608, 206.9845, 207.026, 212.0606, 319.32(5), and

31  320.072(4), Florida Statutes, shall be eliminated beginning

                                  10

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  July 1, 2001.

 2         Section 8.  In fiscal year 2000-2001, $100 million is

 3  hereby appropriated from non-recurring General Revenue to the

 4  Local Option Fuel Tax Trust Fund to be allocated to local

 5  governments in the same proportion as local option fuel tax

 6  revenues are distributed pursuant to s. 336.025, Florida

 7  Statutes.  In fiscal years 2001-2002 and 2002-2003, $100

 8  million shall be transferred annually from non-recurring

 9  General Revenue to the Local Option Fuel Tax Trust Fund to be

10  allocated to local governments in the same proportion as local

11  option fuel tax revenues are distributed pursuant of s.

12  336.023, Florida Statutes.

13         Section 9.  (1)  Notwithstanding the provisions of s.

14  215.20(1), Florida Statutes, the service charge provided in

15  said section which is deducted from the proceeds of the local

16  option fuel tax distributed under s. 336.025, Florida

17  Statutes, shall be reduced as follows:

18         (a)  For the period of July 1, 2002, through June 30,

19  2003, the rate of the service charge shall be 5.5 percent.

20         (b)  For the period of July 1, 2003, through June 30,

21  2004, the rate of the service charge shall be 4 percent.

22         (c)  For the period of July 1, 2004, through June 30,

23  2005, the rate of the service charge shall be 2.5 percent.

24         (d)  For the period of July 1, 2005, through June 30,

25  2006, the rate of the service charge shall be 1 percent.

26         (2)  Beginning July 1, 2006, and thereafter, no service

27  charge shall be deducted from the proceeds of the local option

28  fuel tax distributed under s. 336.025, Florida Statutes.

29         Section 10.  Effective July 1, 2001, subsection (2) of

30  section 212.0606, Florida Statutes, is amended to read:

31         212.0606  Rental car surcharge.--

                                  11

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         (2)  Notwithstanding the provisions of s. 212.20, and

 2  less costs of administration, 80 75 percent of the proceeds of

 3  this surcharge shall be deposited in the State Transportation

 4  Trust Fund, 5 percent of the proceeds of this surcharge shall

 5  be deposited in the General Revenue Fund, 15.75 percent of the

 6  proceeds of this surcharge shall be deposited in the Tourism

 7  Promotional Trust Fund created in s. 288.122, and 4.25 percent

 8  of the proceeds of this surcharge shall be deposited in the

 9  Florida International Trade and Promotion Trust Fund.  For the

10  purposes of this subsection, "proceeds" of the surcharge means

11  all funds collected and received by the department under this

12  section, including interest and penalties on delinquent

13  surcharges.

14         Section 11.  Effective July 1, 2001, subsection (4) of

15  section 320.072, Florida Statutes, is amended to read:

16         320.072  Additional fee imposed on certain motor

17  vehicle registration transactions.--

18         (4)  A tax collector or other duly authorized agent of

19  the department shall promptly remit all moneys collected

20  pursuant to this section, less any refunds granted pursuant to

21  subsection (3), to the department to. The department shall

22  deposit 30 percent of such moneys as they are received into

23  the General Revenue Fund. The remainder of the proceeds, after

24  deducting the service charge imposed by s. 215.20, shall be

25  deposited into the State Transportation Trust Fund.

26         Section 12.  Paragraph (f) of subsection (2) of section

27  339.08, Florida Statutes, is amended to read:

28         339.08  Use of moneys in State Transportation Trust

29  Fund.--

30         (2)  These rules must restrict the use of such moneys

31  to the following purposes:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         (f)  To pay the cost of economic development

 2  transportation projects in accordance with s. 339.137 and s.

 3  288.063, and to provide loans and credit enhancements in

 4  accordance with the state-funded infrastructure bank created

 5  in s. 339.55.

 6         Section 13.  Notwithstanding any other provision of

 7  law, in fiscal year 2001-2002 and each year thereafter, the

 8  increase in revenue to the State Transportation Trust Fund

 9  derived from sections 5, 6, 7, 10, and 11 of this act shall be

10  first used by the Department of Transportation to fund the

11  Mobility 2000 initiative and any remaining funds shall be used

12  to fund the Transportation Outreach Program created pursuant

13  to s. 339.137, Florida Statutes.

14         Section 14.  Subsection (5) of s. 288.063, Florida

15  Statutes is amended to read:

16         (5) No project that has not been specified and

17  identified by the Office of Tourism, Trade, and Economic

18  Development in accordance with subsection (4) prior to the

19  initiation of construction shall be eligible for

20  funding.  However, notwithstanding subsections (4) and (5), up

21  to 25 percent of the funds appropriated to carry out the

22  provisions of this section may be used for projects that meet

23  criteria established in s. 339.137.

24         Section 15.  This act shall take effect upon becoming a

25  law

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page ,

31  remove from the title of the bill:

                                  13

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1  and insert in lieu thereof:

 2                  A bill to be entitled

 3         An act relating to innovative transportation

 4         financing; amending s. 339.12, F.S.; increasing

 5         the cap on the local government advance

 6         reimbursement program; creating s. 339.55,

 7         F.S.; providing for the creation of a

 8         state-funded infrastructure bank within the

 9         Department of Transportation; providing for

10         project eligibility; providing project

11         evaluation criteria; requiring loans to be

12         included in the department's work program;

13         providing an appropriation funding the

14         state-funded infrastructure bank; creating s.

15         339.137, F.S.; providing for creation of a

16         transportation outreach program dedicated to

17         funding transportation projects that improve

18         the state's economic growth and

19         competitiveness; providing definitions;

20         providing for eligible projects; creating the

21         Transportation Outreach Program Advisory

22         Council; providing limitations and funding;

23         directing the Department of Transportation to

24         allocate certain funds to implement the

25         Mobility 2000 initiative; providing

26         appropriations; reducing certain service

27         charges; providing appropriations; reducing

28         certain service charges on local option fuel

29         taxes; amending s. 212.0606, F.S.;

30         redistributing certain proceeds of the rental

31         car surcharge; amending s. 320.072, F.S.;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1965

    Amendment No. 1 (for drafter's use only)





 1         revising language with respect to an additional

 2         fee imposed on motor vehicles; amending 339.08,

 3         F.S.; to authorize certain expenditures;

 4         directing the Department of Transportation to

 5         use increased revenues to implement the

 6         provisions of the act; amending s. 288.063,

 7         F.S.; providing for additional uses of funds

 8         appropriated for economic development

 9         transportation projects; providing an effective

10         date.

11

12

13

14

15

16

17

18

19

20

21

22

23

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