HOUSE AMENDMENT Bill No. SB 24A
1	CHAMBER ACTION
2	Senate House
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12	Representative Waters offered the following:
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14	Amendment (with title amendment)
15	Remove: Everything after the enacting clause
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17	and insert:
18	Section 1. Section 215.617, Florida Statutes, is created
19	to read:
20	215.617 Bonds for state infrastructure bank.--
21	(1) Upon the request of the Department of Transportation,
22	the Division of Bond Finance is authorized pursuant to s. 11,
23	Art. VII of the State Constitution and the State Bond Act to
24	issue revenue bonds, for and on behalf of the Department of
25	Transportation, for the purpose of financing or refinancing the
26	construction, reconstruction, and improvement of projects that
27	are eligible to receive assistance from the state infrastructure
28	bank as provided in s. 339.55 or Pub. L. No. 105-178, s. 1511,
29	or successor law, as applicable. The facilities to be financed
30	with the proceeds of such bonds are designated as state fixed
31	capital outlay projects for the purposes of s. 11(d), Art. VII
32	of the State Constitution, and the specific facilities to be
33	financed shall be determined by the Department of Transportation
34	in accordance with s. 339.55 or Pub. L. No. 105-178, s. 1511, or
35	successor law, as applicable. Each project financed with the
36	proceeds of the bonds issued under this section in the 2003-2004
37	fiscal year is approved as required by s. 11(f), Art. VII of the
38	State Constitution. In the 2004-2005 fiscal year and thereafter,
39	legislative approval of the department's tentative work program
40	specifying the state infrastructure bank project loans
41	constitutes approval to issue bonds as required by s. 11(f),
42	Art. VII of the State Constitution. The Division of Bond Finance
43	is authorized to consider innovative financing techniques, which
44	may include, but are not limited to, innovative bidding and
45	structures of potential financings that may result in negotiated
46	transactions.
47	(2) Bonds issued pursuant to this section shall be payable
48	primarily from a prior and superior claim on all state
49	infrastructure bank repayments received each year with respect
50	to state infrastructure bank projects undertaken in accordance
51	with s. 339.55 or Pub. L. No. 105-178, s. 1511, or successor
52	law, as applicable.
53	(3) The duration of each series of bonds may not exceed 30
54	annual maturities.
55	(4) The bonds issued under this section shall not
56	constitute a general obligation or debt of the state or a pledge
57	of the full faith and credit or taxing power of the state. The
58	bonds shall be secured by and are payable from the revenues
59	pledged in accordance with this section and the resolution
60	authorizing their issuance.
61	(5) The state does covenant with the holders of bonds
62	issued under this section that it will not take any action that
63	will materially and adversely affect the rights of such
64	bondholders as long as the bonds authorized by this section are
65	outstanding.
66	(6) Any complaint for validation of bonds issued pursuant
67	to this section shall be filed in the circuit court of the
68	county where the seat of state government is situated, the
69	notice required to be published by s. 75.06 shall be published
70	only in the county where the complaint is filed, and the
71	complaint and order of the circuit court shall be served only on
72	the state attorney of the circuit in which the action is
73	pending.
74	Section 2. Subsection (3) of section 338.165, Florida
75	Statutes, is amended to read:
76	338.165 Continuation of tolls.--
77	(3) Notwithstanding any other law to the contrary,
78	pursuant to s. 11, Art. VII of the State Constitution, and
79	subject to the requirements of subsection(2), the Department of
80	Transportation may request the Division of Bond Finance to issue
81	bonds secured by toll revenues collected on the Alligator Alley,
82	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
83	Navarre Bridge, and the Pinellas Baywayto fund transportation
84	projects located within the county or counties in which the
85	project is located and contained in the 1993-1994 Adopted Work
86	Program or in any subsequentadopted work program of the
87	department.
88	Section 3. Subsection (1) of section 338.2275, Florida
89	Statutes, is amended to read:
90	338.2275 Approved turnpike projects.--
91	(1) Legislative approval of the department's tentative
92	work program that contains the turnpike project constitutes
93	approval to issue bonds as required by s. 11(f), Art. VII of the
94	State Constitution. Turnpike projects approved to be included in
95	future tentative work programs include, but are not limited to,
96	projects contained in the 2003-20041997-1998tentative work
97	program and potential expansion projects listed in the January
98	25, 1997, report submitted to the Florida Transportation
99	Commission titled "Florida's Turnpike Building on the Past -
100	Preparing for the Future." A maximum of $4.5$3billion of bonds
101	may be issued to fund approved turnpike projects.
102	Section 4. Paragraph (c) of subsection (4) of section
103	339.12, Florida Statutes, is amended to read:
104	339.12 Aid and contributions by governmental entities for
105	department projects; federal aid.--
106	(4)
107	(c) The department may enter into agreements under this
108	subsection for a project or project phase not included in the
109	adopted work program. As used in this paragraph, the term
110	"project phase" means acquisition of rights-of-way,
111	construction, construction inspection, and related support
112	phases. The project or project phase must be a high priority of
113	the governmental entity. Reimbursement for a project or project
114	phase must be made from funds appropriated by the Legislature
115	pursuant to s. 339.135(5). All other provisions of this
116	subsection apply to agreements entered into under this
117	paragraph. The total amount of project agreements for projects
118	or project phases not included in the adopted work program may
119	not at any time exceed $100 million. However, notwithstanding
120	such $100 million limit and any similar limit in s. 334.30,
121	project advances for any inland county with a population greater
122	than 500,000 dedicating amounts equal to $500 million or more of
123	its Local Government Infrastructure Surtax pursuant to s.
124	212.055(2) for improvements to the State Highway System which
125	are included in the local metropolitan planning organization's
126	or the department's long-range transportation plans shall be
127	excluded from the calculation of the statewide limit of project
128	advances.
129	Section 5. Section 373.4139, Florida Statutes, is created
130	to read:
131	373.4139 Local government transportation infrastructure
132	mitigation requirements.--
133	(1) The Legislature finds that environmental mitigation
134	for the impact of transportation projects proposed as part of a
135	coordinated multijurisdiction initiative undertaken with
136	substantial funding from a discretionary sales surtax levied
137	under s. 212.055 may be more effectively achieved by long-range
138	mitigation planning by a responsible government rather than on a
139	case-by-case basis.
140	(2) As used in this section, the county levying the surtax
141	must be the government responsible for developing, permitting,
142	and implementing the long-range mitigation plans, unless the
143	county chooses not to be the responsible government and a
144	responsible government is otherwise designated by an interlocal
145	agreement executed by and between all local governments
146	participating in the transportation initiative. This
147	environmental mitigation process is not mandatory but may be
148	initiated by the county levying the discretionary sales surtax,
149	upon notice to the appropriate water management districts.
150	(3) The responsible government must develop its long-range
151	mitigation plan for multijurisdictional transportation
152	initiatives as follows:
153	(a) By May 1 of each year of the transportation
154	initiative, the participating governments shall prepare an
155	inventory of all wetland and surface water resources, subject to
156	this part and 33 U.S.C. s. 1344, which may be impacted in the
157	next 3 years of the participating government's plan of
158	construction for each transportation project and shall submit
159	the environmental inventory to the responsible government. The
160	environmental inventory shall include the information required
161	in s. 373.4137(2)(b).
162	(b) Upon receipt of the environmental inventory, the
163	responsible government shall develop a mitigation plan in
164	consultation with the other participating governments, as well
165	as with the appropriate water management districts, the United
166	States Army Corps of Engineers, and other appropriate federal
167	and state governments. The responsible government shall submit
168	the mitigation plan to the water management districts having
169	jurisdiction over the mitigation or impact areas.
170	(c) The water management district having jurisdiction over
171	the impact area shall review the mitigation plan for compliance
172	with rules adopted pursuant to this part. When more than one
173	water management district has responsibility for regulation of
174	the transportation initiative, the water management districts
175	shall enter into an agreement pursuant to s. 373.046(6) to
176	designate a single water management district to review and
177	approve the mitigation plan.
178	(d) The responsible government shall submit the mitigation
179	plan to all appropriate federal agencies that require permitting
180	or approval of wetland and surface water mitigation. The
181	responsible government shall seek to obtain formal approval of
182	the mitigation plan from the federal agencies.
183	(e) Specific transportation projects may be excluded from
184	the mitigation plan and shall not be subject to this section
185	upon agreement by the responsible government and the
186	participating governments if the inclusion of the project would
187	hamper the efficiency and timeliness of the mitigation planning
188	and permitting process or the responsible government is unable
189	to identify mitigation that would offset the impacts of the
190	project.
191	(4) Upon the water management district's approval, the
192	mitigation plan shall be deemed to satisfy the mitigation
193	requirements under this part and any other mitigation
194	requirements imposed by local, regional, and state agencies for
195	impacts identified in the environmental inventory. The approval
196	of the appropriate water management district authorizes the
197	environmental mitigation activities proposed in the mitigation
198	plan, and no additional state, regional, or local permit or
199	approval is necessary.
200	(5)(a) Concurrent with, or subsequent to, the approval of
201	the mitigation plan, the participating governments shall make
202	any necessary permit applications to the appropriate water
203	management district that will be solely responsible for review
204	and final action on the application required by this chapter.
205	The responsible government must ensure that mitigation
206	requirements specified by 33 U.S.C. s. 1344 are met for the
207	impacts identified in the wetland inventory by implementing the
208	mitigation plan approved by the water management district to the
209	extent that the funding is provided by the participating
210	governments.
211	(b) This section does not eliminate the need for the
212	participating governments to comply with requirements to
213	implement practicable design modifications, including
214	realignment of transportation projects, to reduce or eliminate
215	impacts of the transportation projects on wetlands and other
216	surface waters as required by rules adopted pursuant to this
217	part.
218	(6) To fund the long-range mitigation plan, the
219	responsible government shall create an escrow account. The
220	participating governments shall deposit funds into the account
221	to pay for the environmental mitigation phase of projects
222	budgeted for the current fiscal year. The responsible government
223	shall maintain the escrow account for mitigation purposes only.
224	Any interest earned from the escrow account may be used to
225	offset the cost of the mitigation plan and must be credited to
226	the participating governments' transportation projects. The
227	responsible government shall reimburse the water management
228	district the actual costs it incurs in reviewing the mitigation
229	plan.
230	(7) The mitigation plans shall be updated annually to
231	reflect the most current plan of construction of the
232	participating governments and may be amended throughout the year
233	to anticipate schedule changes or additional projects that may
234	arise.
235	Section 6. If any law that is amended by this act was also
236	amended by a law enacted at the 2003 Regular Session of the
237	Legislature, such laws shall be construed as if they had been
238	enacted during the same session of the Legislature, and full
239	effect should be given to each if that is possible.
240	Section 7. This act shall take effect upon becoming a law.
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243	================= T I T L E A M E N D M E N T =================
244	Remove: The entire title
245
246	and insert:
247	A bill to be entitled
248	An act relating to the Department of Transportation;
249	creating s. 215.617, F.S.; authorizing the department to
250	issue revenue bonds financed by the repayment of loans
251	from the state infrastructure bank; amending s. 338.165,
252	F.S.; authorizing the department to request the Division
253	of Bond Finance to issue bonds secured by toll revenues
254	collected on the Sunshine Skyway Bridge, the Beeline-East
255	Expressway, the Navarre Bridge, and the Pinellas Bayway
256	toll facilities to provide funding for transportation
257	projects on the State Highway System; amending s.
258	338.2275, F.S.; increasing the cap on the amount of bonds
259	that may be issued to fund approved turnpike projects;
260	amending s. 339.12, F.S.; removing the limit for
261	transportation project advances for certain inland
262	counties for certain improvements to the State Highway
263	System; creating s. 373.4139, F.S.; providing for
264	mitigation planning for transportation projects; providing
265	for an annual inventory of wetland and surface water
266	resources; requiring notice to other government
267	participants; requiring responsible governments to submit
268	the mitigation to appropriate federal agencies; providing
269	that certain transportation projects may be excluded from
270	the mitigation plan; deeming an approved mitigation plan
271	as satisfying mitigation requirements of other
272	governmental agencies; authorizing the creation of an
273	escrow account to fund mitigation projects; providing for
274	construction of the act in pari materia with laws enacted
275	during the 2003 Regular Session of the Legislature;
276	providing an effective date.