Senate Bill sb0024Ae1

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    SB 24-A                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; creating s. 215.617, F.S.;

  4         authorizing the department to issue revenue

  5         bonds financed by the repayment of loans from

  6         the state-funded infrastructure bank; amending

  7         s. 338.165, F.S.; providing for toll rate

  8         adjustments for certain toll roads; authorizing

  9         the department to request the Division of Bond

10         Finance to issue bonds secured by toll revenues

11         collected on the Beeline-East Expressway, the

12         Sunshine Skyway Bridge, the Navarre Bridge, and

13         the Pinellas Bayway toll facilities to provide

14         funding for transportation projects on the

15         State Highway System; amending s. 338.2275,

16         F.S.; increasing the cap on the amount of bonds

17         that may be issued to fund approved turnpike

18         projects; amending s. 338.231, F.S.; advancing

19         a toll rate adjustment; amending s. 339.12,

20         F.S.; removing the limit for transportation

21         project advances for certain inland counties

22         for certain improvements to the State Highway

23         System; creating s. 373.4139, F.S.; providing

24         for mitigation planning for transportation

25         projects; providing for an annual inventory of

26         wetland and surface-water resources; requiring

27         notice to other government participants;

28         requiring responsible governments to submit the

29         mitigation to appropriate federal agencies;

30         providing that certain transportation projects

31         may be excluded from the mitigation plan;


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    SB 24-A                                  First Engrossed (ntc)



 1         deeming an approved mitigation plan as

 2         satisfying mitigation requirements of other

 3         governmental agencies; authorizing the creation

 4         of an escrow account to fund mitigation

 5         projects; providing for construction of the act

 6         in pari materia with laws enacted during the

 7         Regular Session of the Legislature; providing

 8         an effective date.

 9  

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

11  

12         Section 1.  Section 215.617, Florida Statutes, is

13  created to read:

14         215.617  Bonds for state-funded infrastructure bank.--

15         (1)  Upon the request of the Department of

16  Transportation, the Division of Bond Finance is authorized

17  pursuant to s. 11, Art. VII of the State Constitution and the

18  State Bond Act to issue revenue bonds, for and on behalf of

19  the Department of Transportation, for the purpose of financing

20  or refinancing the construction, reconstruction, and

21  improvement of projects that are eligible to receive

22  assistance from the state-funded infrastructure bank as

23  provided in s. 339.55. The facilities to be financed with the

24  proceeds of such bonds are designated as state fixed capital

25  outlay projects for the purposes of s. 11(d), Art. VII of the

26  State Constitution, and the specific facilities to be financed

27  shall be determined by the Department of Transportation in

28  accordance with s. 339.55. Each project financed with the

29  proceeds of the bonds issued under this section in the

30  2003-2004 fiscal year is approved as required by s. 11(f),

31  Art. VII of the State Constitution. In the 2004-2005 fiscal


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    SB 24-A                                  First Engrossed (ntc)



 1  year and thereafter, legislative approval of the department's

 2  tentative work program specifying the State Infrastructure

 3  Bank project loans constitutes approval to issue bonds as

 4  required by s. 11(f), Art. VII of the State Constitution. The

 5  Division of Bond Finance is authorized to consider innovative

 6  financing techniques, which may include, but are not limited

 7  to, innovative bidding and structures of potential financings

 8  that may result in negotiated transactions.

 9         (2)  Bonds issued pursuant to this section shall be

10  payable primarily from a prior and superior claim on all

11  state-funded infrastructure bank repayments received each year

12  with respect to state-funded infrastructure bank projects

13  undertaken in accordance with s. 339.55.

14         (3)  The duration of each series of bonds may not

15  exceed 30 annual maturities.

16         (4)  The bonds issued under this section shall not

17  constitute a general obligation or debt of the state or a

18  pledge of the full faith and credit or taxing power of the

19  state. The bonds shall be secured by and are payable from the

20  revenues pledged in accordance with this section and the

21  resolution authorizing their issuance.

22         (5)  The state does covenant with the holders of bonds

23  issued under this section that it will not take any action

24  that will materially and adversely affect the rights of such

25  bondholders as long as the bonds authorized by this section

26  are outstanding.

27         (6)  Any complaint for validation of bonds issued

28  pursuant to this section shall be filed in the circuit court

29  of the county where the seat of state government is situated,

30  the notice required to be published by s. 75.06 shall be

31  published only in the county where the complaint is filed, and


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    SB 24-A                                  First Engrossed (ntc)



 1  the complaint and order of the circuit court shall be served

 2  only on the state attorney of the circuit in which the action

 3  is pending.

 4         Section 2.  Subsections (2) and (3) of section 338.165,

 5  Florida Statutes, are amended to read:

 6         338.165  Continuation of tolls.--

 7         (2)  If the revenue-producing project is on the State

 8  Highway System, any remaining toll revenue shall be used for

 9  the construction, maintenance, or improvement of any road on

10  the State Highway System within the county or counties in

11  which the revenue-producing project is located, except as

12  provided in s. 348.0004. Notwithstanding any other provision

13  of law or rule, the department shall increase toll rates

14  effective July 1, 2003, on the Sunshine Skyway Bridge, the

15  Navarre Bridge, the Mid-Bay Bridge, the Beeline-East

16  Expressway, and the Alligator Alley toll facilities after

17  consultation with a nationally recognized traffic engineer to

18  ensure that the proposed toll rate is appropriate in the

19  context of established statewide norms for toll facilities of

20  a similar type. Any toll revenue or bond proceeds generated by

21  these increased toll rates shall be used in the county or

22  counties where the existing toll facility is located. Priority

23  consideration shall be given to future revenue-producing

24  projects, the advance acquisition of rights-of-way, and

25  projects that significantly increase mobility. Toll rate

26  increases on Mid-Bay Bridge shall be reviewed and approved by

27  the Mid-Bay Bridge Authority. The Mid-Bay Bridge Authority in

28  cooperation with the department shall develop a plan to use

29  any toll revenue or bond proceeds generated by these increased

30  toll rates.

31  


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    SB 24-A                                  First Engrossed (ntc)



 1         (3)  Notwithstanding any other law to the contrary,

 2  pursuant to s. 11, Art. VII of the State Constitution, and

 3  subject to the requirements of subsection (2), the Department

 4  of Transportation may request the Division of Bond Finance to

 5  issue bonds secured by toll revenues collected on the

 6  Alligator Alley, the Sunshine Skyway Bridge, the Beeline-East

 7  Expressway, the Navarre Bridge, and the Pinellas Bayway to

 8  fund transportation projects located within the county or

 9  counties in which the project is located and contained in the

10  1993-1994 Adopted Work Program or in any subsequent adopted

11  work program of the department.

12         Section 3.  Subsection (1) of section 338.2275, Florida

13  Statutes, is amended to read:

14         338.2275  Approved turnpike projects.--

15         (1)  Legislative approval of the department's tentative

16  work program that contains the turnpike project constitutes

17  approval to issue bonds as required by s. 11(f), Art. VII of

18  the State Constitution. Turnpike projects approved to be

19  included in future tentative work programs include, but are

20  not limited to, projects contained in the 2003-2004 1997-1998

21  tentative work program and potential expansion projects listed

22  in the January 25, 1997, report submitted to the Florida

23  Transportation Commission titled "Florida's Turnpike Building

24  on the Past - Preparing for the Future." A maximum of $4.5 $3

25  billion of bonds may be issued to fund approved turnpike

26  projects.

27         Section 4.  Subsection (8) is added to section 338.231,

28  Florida Statutes, to read:

29         338.231  Turnpike tolls, fixing; pledge of tolls and

30  other revenues.--The department shall at all times fix,

31  adjust, charge, and collect such tolls for the use of the


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    SB 24-A                                  First Engrossed (ntc)



 1  turnpike system as are required in order to provide a fund

 2  sufficient with other revenues of the turnpike system to pay

 3  the cost of maintaining, improving, repairing, and operating

 4  such turnpike system; to pay the principal of and interest on

 5  all bonds issued to finance or refinance any portion of the

 6  turnpike system as the same become due and payable; and to

 7  create reserves for all such purposes.

 8         (8)  Notwithstanding any other provision of law or

 9  rule, the department shall advance the toll rate increase

10  currently planned for July 1, 2004, to become effective July

11  1, 2003.

12         Section 5.  Paragraph (c) of subsection (4) of section

13  339.12, Florida Statutes, is amended to read:

14         339.12  Aid and contributions by governmental entities

15  for department projects; federal aid.--

16         (4)

17         (c)  The department may enter into agreements under

18  this subsection for a project or project phase not included in

19  the adopted work program. As used in this paragraph, the term

20  "project phase" means acquisition of rights-of-way,

21  construction, construction inspection, and related support

22  phases. The project or project phase must be a high priority

23  of the governmental entity. Reimbursement for a project or

24  project phase must be made from funds appropriated by the

25  Legislature pursuant to s. 339.135(5). All other provisions of

26  this subsection apply to agreements entered into under this

27  paragraph. The total amount of project agreements for projects

28  or project phases not included in the adopted work program may

29  not at any time exceed $100 million. However, notwithstanding

30  such $100-million limit and any similar limit in s. 334.30,

31  project advances for any inland county with a population


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    SB 24-A                                  First Engrossed (ntc)



 1  greater than 500,000 dedicating amounts equal to $500 million

 2  or more of its Local Infrastructure Sales Tax pursuant to s.

 3  212.055(2) for improvements to the State Highway System which

 4  are included in the local metropolitan planning organization's

 5  or the department's long-range transportation plans shall be

 6  excluded from the calculation of the statewide limit of

 7  project advances.

 8         Section 6.  Section 373.4139, Florida Statutes, is

 9  created to read:

10         373.4139  Local government transportation

11  infrastructure mitigation requirements.--

12         (1)  The Legislature finds that environmental

13  mitigation for the impact of transportation projects proposed

14  as part of a coordinated multijurisdiction initiative

15  undertaken with substantial funding from a discretionary sales

16  surtax levied under s. 212.055 may be more effectively

17  achieved by long-range mitigation planning by a responsible

18  government rather than on a case-by-case basis.

19         (2)  As used in this section, the county levying the

20  surtax must be the government responsible for developing,

21  permitting, and implementing the long-range mitigation plans,

22  unless the county chooses not to be the responsible government

23  and a responsible government is otherwise designated by an

24  interlocal agreement executed by and between all local

25  governments participating in the transportation initiative.

26  This environmental mitigation process is not mandatory but may

27  be initiated by the county levying the discretionary sales

28  surtax, upon notice to the appropriate water management

29  districts.

30  

31  


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    SB 24-A                                  First Engrossed (ntc)



 1         (3)  The responsible government must develop its

 2  long-range mitigation plan for multijurisdictional

 3  transportation initiatives as follows:

 4         (a)  By May 1 of each year of the transportation

 5  initiative, the participating governments shall prepare an

 6  inventory of all wetland and surface-water resources, subject

 7  to this part and 33 U.S.C. s. 1344, which may be impacted in

 8  the next 3 years of the participating government's plan of

 9  construction for each transportation project and shall submit

10  the environmental inventory to the responsible government.

11  The environmental inventory shall include the information

12  required in s. 373.4137(2)(b).

13         (b)  Upon receipt of the environmental inventory, the

14  responsible government shall develop a mitigation plan in

15  consultation with the other participating governments, as well

16  as with the appropriate water management districts, the United

17  States Army Corps of Engineers, and other appropriate federal

18  and state governments.  The responsible government shall

19  submit the mitigation plan to the water management districts

20  having jurisdiction over the mitigation or impact areas.

21         (c)  The water management district having jurisdiction

22  over the impact area shall review the mitigation plan for

23  compliance with rules adopted pursuant to this part.  When

24  more than one water management district has responsibility for

25  regulation of the transportation initiative, the water

26  management districts shall enter into an agreement pursuant to

27  s. 373.046(6) to designate a single water management district

28  to review and approve the mitigation plan.

29         (d)  The responsible government shall submit the

30  mitigation plan to all appropriate federal agencies that

31  require permitting or approval of wetland and surface-water


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    SB 24-A                                  First Engrossed (ntc)



 1  mitigation. The responsible government shall seek to obtain

 2  formal approval of the mitigation plan from the federal

 3  agencies.

 4         (e)  Specific transportation projects may be excluded

 5  from the mitigation plan and shall not be subject to this

 6  section upon agreement by the responsible government and the

 7  participating governments if the inclusion of the project

 8  would hamper the efficiency and timeliness of the mitigation

 9  planning and permitting process, or the responsible government

10  is unable to identify mitigation that would offset the impacts

11  of the project.

12         (4)  Upon the water management district's approval, the

13  mitigation plan shall be deemed to satisfy the mitigation

14  requirements under this part and any other mitigation

15  requirements imposed by local, regional, and state agencies

16  for impacts identified in the environmental inventory.  The

17  approval of the appropriate water management district

18  authorizes the environmental mitigation activities proposed in

19  the mitigation plan, and no additional state, regional, or

20  local permit or approval is necessary.

21         (5)(a)  Concurrent with, or subsequent to, the approval

22  of the mitigation plan, the participating governments shall

23  make any necessary permit applications to the appropriate

24  water management district that will be solely responsible for

25  review and final action on the application required by this

26  chapter. The responsible government must ensure that

27  mitigation requirements specified by 33 U.S.C. s. 1344 are met

28  for the impacts identified in the wetland inventory by

29  implementing the mitigation plan approved by the water

30  management district to the extent that the funding is provided

31  by the participating governments.


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    SB 24-A                                  First Engrossed (ntc)



 1         (b)  This section does not eliminate the need for the

 2  participating governments to comply with requirements to

 3  implement practicable design modifications, including

 4  realignment of transportation projects, to reduce or eliminate

 5  impacts of the transportation projects on wetlands and other

 6  surface waters as required by rules adopted pursuant to this

 7  part.

 8         (6)  To fund the long-range mitigation plan, the

 9  responsible government shall create an escrow account.  The

10  participating governments shall deposit funds into the account

11  to pay for the environmental mitigation phase of projects

12  budgeted for the current fiscal year. The responsible

13  government shall maintain the escrow account for mitigation

14  purposes only. Any interest earned from the escrow account may

15  be used to offset the cost of the mitigation plan and must be

16  credited to the participating governments' transportation

17  projects.  The responsible government shall reimburse the

18  water management district the actual costs it incurs in

19  reviewing the mitigation plan.

20         (7)  The mitigation plans shall be updated annually to

21  reflect the most current plan of construction of the

22  participating governments and may be amended throughout the

23  year to anticipate schedule changes or additional projects

24  that may arise.

25         Section 7.  If any law that is amended by this act was

26  also amended by a law enacted at the 2003 Regular Session of

27  the Legislature, such laws shall be construed as if they had

28  been enacted during the same session of the Legislature, and

29  full effect should be given to each if that is possible.

30         Section 8.  This act shall take effect upon becoming a

31  law.


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