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-funded 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-funded
28	infrastructure bank as provided in s. 339.55. The facilities to
29	be financed with the proceeds of such bonds are designated as
30	state fixed capital outlay projects for the purposes of s.
31	11(d), Art. VII of the State Constitution, and the specific
32	facilities to be financed shall be determined by the Department
33	of Transportation in accordance with s. 339.55. Each project
34	financed with the proceeds of the bonds issued under this
35	section in the 2003-2004 fiscal year is approved as required by
36	s. 11(f), Art. VII of the State Constitution. In the 2004-2005
37	fiscal year and thereafter, legislative approval of the
38	department's tentative work program specifying the State
39	Infrastructure Bank project loans constitutes approval to issue
40	bonds as required by s. 11(f), Art. VII of the State
41	Constitution. The Division of Bond Finance is authorized to
42	consider innovative financing techniques, which may include, but
43	are not limited to, innovative bidding and structures of
44	potential financings that may result in negotiated transactions.
45	(2) Bonds issued pursuant to this section shall be payable
46	primarily from a prior and superior claim on all state-funded
47	infrastructure bank repayments received each year with respect
48	to state-funded infrastructure bank projects undertaken in
49	accordance with s. 339.55.
50	(3) The duration of each series of bonds may not exceed 30
51	annual maturities.
52	(4) The bonds issued under this section shall not
53	constitute a general obligation or debt of the state or a pledge
54	of the full faith and credit or taxing power of the state. The
55	bonds shall be secured by and are payable from the revenues
56	pledged in accordance with this section and the resolution
57	authorizing their issuance.
58	(5) The state does covenant with the holders of bonds
59	issued under this section that it will not take any action that
60	will materially and adversely affect the rights of such
61	bondholders as long as the bonds authorized by this section are
62	outstanding.
63	(6) Any complaint for validation of bonds issued pursuant
64	to this section shall be filed in the circuit court of the
65	county where the seat of state government is situated, the
66	notice required to be published by s. 75.06 shall be published
67	only in the county where the complaint is filed, and the
68	complaint and order of the circuit court shall be served only on
69	the state attorney of the circuit in which the action is
70	pending.
71	Section 2. Subsection (3) of section 338.165, Florida
72	Statutes, is amended to read:
73	338.165 Continuation of tolls.--
74	(3) Notwithstanding any other law to the contrary,
75	pursuant to s. 11, Art. VII of the State Constitution, and
76	subject to the requirements of subsection(2), the Department of
77	Transportation may request the Division of Bond Finance to issue
78	bonds secured by toll revenues collected on the Alligator Alley,
79	the Sunshine Skyway Bridge, the Beeline-East Expressway, the
80	Navarre Bridge, and the Pinellas Baywayto fund transportation
81	projects located within the county or counties in which the
82	project is located and contained in the 1993-1994 Adopted Work
83	Program or in any subsequentadopted work program of the
84	department.
85	Section 3. Subsection (1) of section 338.2275, Florida
86	Statutes, is amended to read:
87	338.2275 Approved turnpike projects.--
88	(1) Legislative approval of the department's tentative
89	work program that contains the turnpike project constitutes
90	approval to issue bonds as required by s. 11(f), Art. VII of the
91	State Constitution. Turnpike projects approved to be included in
92	future tentative work programs include, but are not limited to,
93	projects contained in the 2003-20041997-1998tentative work
94	program and potential expansion projects listed in the January
95	25, 1997, report submitted to the Florida Transportation
96	Commission titled "Florida's Turnpike Building on the Past -
97	Preparing for the Future." A maximum of $4.5$3billion of bonds
98	may be issued to fund approved turnpike projects.
99	Section 4. Paragraph (c) of subsection (4) of section
100	339.12, Florida Statutes, is amended to read:
101	339.12 Aid and contributions by governmental entities for
102	department projects; federal aid.--
103	(4)
104	(c) The department may enter into agreements under this
105	subsection for a project or project phase not included in the
106	adopted work program. As used in this paragraph, the term
107	"project phase" means acquisition of rights-of-way,
108	construction, construction inspection, and related support
109	phases. The project or project phase must be a high priority of
110	the governmental entity. Reimbursement for a project or project
111	phase must be made from funds appropriated by the Legislature
112	pursuant to s. 339.135(5). All other provisions of this
113	subsection apply to agreements entered into under this
114	paragraph. The total amount of project agreements for projects
115	or project phases not included in the adopted work program may
116	not at any time exceed $100 million. However, notwithstanding
117	such $100 million limit and any similar limit in s. 334.30,
118	project advances for any inland county with a population greater
119	than 500,000 dedicating amounts equal to $500 million or more of
120	its Local Government Infrastructure Surtax pursuant to s.
121	212.055(2) for improvements to the State Highway System which
122	are included in the local metropolitan planning organization's
123	or the department's long-range transportation plans shall be
124	excluded from the calculation of the statewide limit of project
125	advances.
126	Section 5. Section 373.4139, Florida Statutes, is created
127	to read:
128	373.4139 Local government transportation infrastructure
129	mitigation requirements.--
130	(1) The Legislature finds that environmental mitigation
131	for the impact of transportation projects proposed as part of a
132	coordinated multijurisdiction initiative undertaken with
133	substantial funding from a discretionary sales surtax levied
134	under s. 212.055 may be more effectively achieved by long-range
135	mitigation planning by a responsible government rather than on a
136	case-by-case basis.
137	(2) As used in this section, the county levying the surtax
138	must be the government responsible for developing, permitting,
139	and implementing the long-range mitigation plans, unless the
140	county chooses not to be the responsible government and a
141	responsible government is otherwise designated by an interlocal
142	agreement executed by and between all local governments
143	participating in the transportation initiative. This
144	environmental mitigation process is not mandatory but may be
145	initiated by the county levying the discretionary sales surtax,
146	upon notice to the appropriate water management districts.
147	(3) The responsible government must develop its long-range
148	mitigation plan for multijurisdictional transportation
149	initiatives as follows:
150	(a) By May 1 of each year of the transportation
151	initiative, the participating governments shall prepare an
152	inventory of all wetland and surface water resources, subject to
153	this part and 33 U.S.C. s. 1344, which may be impacted in the
154	next 3 years of the participating government's plan of
155	construction for each transportation project and shall submit
156	the environmental inventory to the responsible government. The
157	environmental inventory shall include the information required
158	in s. 373.4137(2)(b).
159	(b) Upon receipt of the environmental inventory, the
160	responsible government shall develop a mitigation plan in
161	consultation with the other participating governments, as well
162	as with the appropriate water management districts, the United
163	States Army Corps of Engineers, and other appropriate federal
164	and state governments. The responsible government shall submit
165	the mitigation plan to the water management districts having
166	jurisdiction over the mitigation or impact areas.
167	(c) The water management district having jurisdiction over
168	the impact area shall review the mitigation plan for compliance
169	with rules adopted pursuant to this part. When more than one
170	water management district has responsibility for regulation of
171	the transportation initiative, the water management districts
172	shall enter into an agreement pursuant to s. 373.046(6) to
173	designate a single water management district to review and
174	approve the mitigation plan.
175	(d) The responsible government shall submit the mitigation
176	plan to all appropriate federal agencies that require permitting
177	or approval of wetland and surface water mitigation. The
178	responsible government shall seek to obtain formal approval of
179	the mitigation plan from the federal agencies.
180	(e) Specific transportation projects may be excluded from
181	the mitigation plan and shall not be subject to this section
182	upon agreement by the responsible government and the
183	participating governments if the inclusion of the project would
184	hamper the efficiency and timeliness of the mitigation planning
185	and permitting process or the responsible government is unable
186	to identify mitigation that would offset the impacts of the
187	project.
188	(4) Upon the water management district's approval, the
189	mitigation plan shall be deemed to satisfy the mitigation
190	requirements under this part and any other mitigation
191	requirements imposed by local, regional, and state agencies for
192	impacts identified in the environmental inventory. The approval
193	of the appropriate water management district authorizes the
194	environmental mitigation activities proposed in the mitigation
195	plan, and no additional state, regional, or local permit or
196	approval is necessary.
197	(5)(a) Concurrent with, or subsequent to, the approval of
198	the mitigation plan, the participating governments shall make
199	any necessary permit applications to the appropriate water
200	management district that will be solely responsible for review
201	and final action on the application required by this chapter.
202	The responsible government must ensure that mitigation
203	requirements specified by 33 U.S.C. s. 1344 are met for the
204	impacts identified in the wetland inventory by implementing the
205	mitigation plan approved by the water management district to the
206	extent that the funding is provided by the participating
207	governments.
208	(b) This section does not eliminate the need for the
209	participating governments to comply with requirements to
210	implement practicable design modifications, including
211	realignment of transportation projects, to reduce or eliminate
212	impacts of the transportation projects on wetlands and other
213	surface waters as required by rules adopted pursuant to this
214	part.
215	(6) To fund the long-range mitigation plan, the
216	responsible government shall create an escrow account. The
217	participating governments shall deposit funds into the account
218	to pay for the environmental mitigation phase of projects
219	budgeted for the current fiscal year. The responsible government
220	shall maintain the escrow account for mitigation purposes only.
221	Any interest earned from the escrow account may be used to
222	offset the cost of the mitigation plan and must be credited to
223	the participating governments' transportation projects. The
224	responsible government shall reimburse the water management
225	district the actual costs it incurs in reviewing the mitigation
226	plan.
227	(7) The mitigation plans shall be updated annually to
228	reflect the most current plan of construction of the
229	participating governments and may be amended throughout the year
230	to anticipate schedule changes or additional projects that may
231	arise.
232	Section 6. If any law that is amended by this act was also
233	amended by a law enacted at the 2003 Regular Session of the
234	Legislature, such laws shall be construed as if they had been
235	enacted during the same session of the Legislature, and full
236	effect should be given to each if that is possible.
237	Section 7. This act shall take effect upon becoming a law.
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240	================= T I T L E A M E N D M E N T =================
241	Remove: The entire title
242
243	and insert:
244	A bill to be entitled
245	An act relating to transportation; creating s. 215.617,
246	F.S.; authorizing the Department of Transportation to
247	issue revenue bonds financed by the repayment of loans
248	from the state-funded infrastructure bank; amending s.
249	338.165, F.S.; authorizing the department to request the
250	Division of Bond Finance to issue bonds secured by toll
251	revenues collected on the Sunshine Skyway Bridge, the
252	Beeline-East Expressway, the Navarre Bridge, and the
253	Pinellas Bayway toll facilities to provide funding for
254	transportation projects on the State Highway System;
255	amending s. 338.2275, F.S.; increasing the cap on the
256	amount of bonds that may be issued to fund approved
257	turnpike projects; amending s. 339.12, F.S.; removing the
258	limit for transportation project advances for certain
259	inland counties for certain improvements to the State
260	Highway System; creating s. 373.4139, F.S.; providing for
261	mitigation planning for transportation projects; providing
262	for an annual inventory of wetland and surface water
263	resources; requiring notice to other government
264	participants; requiring responsible governments to submit
265	the mitigation to appropriate federal agencies; providing
266	that certain transportation projects may be excluded from
267	the mitigation plan; deeming an approved mitigation plan
268	as satisfying mitigation requirements of other
269	governmental agencies; authorizing the creation of an
270	escrow account to fund mitigation projects; providing for
271	construction of the act in pari materia with laws enacted
272	during the 2003 Regular Session of the Legislature;
273	providing an effective date.