| 1 | Representative(s) Russell offered the following: |
| 2 |
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| 3 | Amendment to Amendment (507059) (with title amendment) |
| 4 | Between lines 404 and 405, insert: |
| 5 | Section 11. Subsection (1) of section 311.22, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 311.22 Additional authorization for funding certain |
| 8 | dredging projects.-- |
| 9 | (1) The Florida Seaport Transportation and Economic |
| 10 | Development Council shall establish a program to fund dredging |
| 11 | projects in counties having a population of fewer than 300,000 |
| 12 | according to the last official census. Funds made available |
| 13 | under this program may be used to fund approved projects for the |
| 14 | dredging or deepening of channels, turning basins, or harbors on |
| 15 | a 25-percent local 50-50 matching basis with any port authority, |
| 16 | as such term is defined in s. 315.02(2), which complies with the |
| 17 | permitting requirements in part IV of chapter 373 and the local |
| 18 | financial management and reporting provisions of part III of |
| 19 | chapter 218. |
| 20 | Section 12. Section 320.20, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 320.20 Disposition of license tax moneys.--The revenue |
| 23 | derived from the registration of motor vehicles, including any |
| 24 | delinquent fees and excluding those revenues collected and |
| 25 | distributed under the provisions of s. 320.081, must be |
| 26 | distributed monthly, as collected, as follows: |
| 27 | (1) The first proceeds, to the extent necessary to comply |
| 28 | with the provisions of s. 18, Art. XII of the State Constitution |
| 29 | of 1885, as adopted by s. 9(d), Art. XII, 1968 revised |
| 30 | constitution, and the additional provisions of s. 9(d) and s. |
| 31 | 1010.57, must be deposited in the district Capital Outlay and |
| 32 | Debt Service School Trust Fund. |
| 33 | (2) Twenty-five million dollars per year of such revenues |
| 34 | must be deposited in the State Transportation Trust Fund, with |
| 35 | priority use assigned to completion of the interstate highway |
| 36 | system. However, any excess funds may be utilized for general |
| 37 | transportation purposes, consistent with the Department of |
| 38 | Transportation's legislatively approved objectives. |
| 39 | (3) Notwithstanding any other provision of law except |
| 40 | subsections (1) and (2), on July 1, 1996, and annually |
| 41 | thereafter, $15 million shall be deposited in the State |
| 42 | Transportation Trust Fund solely for the purposes of funding the |
| 43 | Florida Seaport Transportation and Economic Development Program |
| 44 | as provided for in chapter 311. Such revenues shall be |
| 45 | distributed to any port listed in s. 311.09(1), to be used for |
| 46 | funding projects as follows: |
| 47 | (a) For any seaport intermodal access projects that are |
| 48 | identified in the tentative work program of the Department of |
| 49 | Transportation for the 2006-2007 to 2010-2011 fiscal years, up |
| 50 | to the amounts needed to offset the funding requirements of this |
| 51 | section. |
| 52 | (b) For seaport intermodal access projects as described in |
| 53 | s. 341.053(5) which are identified in the 5-year Florida Seaport |
| 54 | Mission Plan as provided in s. 311.09(3), funding shall require |
| 55 | at least a 25-percent match of the funds received pursuant to |
| 56 | this subsection. Matching funds shall come from any port funds, |
| 57 | federal funds, local funds, or private funds. |
| 58 | (c) For seaport projects as described in s. 311.07(3)(b), |
| 59 | funds shall be provided on a 50-50 matching basis. |
| 60 | (d) For seaport intermodal access projects that involve |
| 61 | the dredging or deepening of channels, turning basins, or |
| 62 | harbors, or the construction or rehabilitation of wharves, |
| 63 | docks, or similar structures, funding shall require at least a |
| 64 | 25-percent match of the funds received pursuant to this |
| 65 | subsection. Matching funds shall come from any port funds, |
| 66 | federal funds, local funds, or private funds. on a 50-50 |
| 67 | matching basis to any port listed in s. 311.09(1) to be used for |
| 68 | funding projects as described in s. 311.07(3)(b). |
| 69 |
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| 70 | Such revenues may be assigned, pledged, or set aside as a trust |
| 71 | for the payment of principal or interest on bonds, tax |
| 72 | anticipation certificates, or any other form of indebtedness |
| 73 | issued by an individual port or appropriate local government |
| 74 | having jurisdiction thereof, or collectively by interlocal |
| 75 | agreement among any of the ports, or used to purchase credit |
| 76 | support to permit such borrowings. However, such debt shall not |
| 77 | constitute a general obligation of the State of Florida. The |
| 78 | state does hereby covenant with holders of such revenue bonds or |
| 79 | other instruments of indebtedness issued hereunder that it will |
| 80 | not repeal or impair or amend in any manner which will |
| 81 | materially and adversely affect the rights of such holders so |
| 82 | long as bonds authorized by this section are outstanding. Any |
| 83 | revenues which are not pledged to the repayment of bonds as |
| 84 | authorized by this section may be utilized for purposes |
| 85 | authorized under the Florida Seaport Transportation and Economic |
| 86 | Development Program. This revenue source is in addition to any |
| 87 | amounts provided for and appropriated in accordance with s. |
| 88 | 311.07. The Florida Seaport Transportation and Economic |
| 89 | Development Council shall submit to the Department of |
| 90 | Transportation a list of strategic transportation, economic |
| 91 | development, and freight mobility projects that contribute to |
| 92 | the economic growth of the state and that approve distribution |
| 93 | of funds to ports for projects which have been approved pursuant |
| 94 | to s. 311.09(5)-(9). The council and the Department of |
| 95 | Transportation shall mutually agree upon the prioritization and |
| 96 | selection of projects for funding. The Department of |
| 97 | Transportation shall include the selected projects for funding |
| 98 | in the tentative work program developed pursuant to s. 339.135. |
| 99 | The council and the Department of Transportation are authorized |
| 100 | to perform such acts as are required to facilitate and implement |
| 101 | the provisions of this subsection, including the funding of |
| 102 | approved projects by the use of other state funding programs, |
| 103 | local contributions from seaports, and the creative use of |
| 104 | federal funds. To better enable the ports to cooperate to their |
| 105 | mutual advantage, the governing body of each port may exercise |
| 106 | powers provided to municipalities or counties in s. 163.01(7)(d) |
| 107 | subject to the provisions of chapter 311 and special acts, if |
| 108 | any, pertaining to a port. The use of funds provided pursuant to |
| 109 | this subsection are limited to eligible projects listed in this |
| 110 | subsection. Income derived from a project completed with the use |
| 111 | of program funds, beyond operating costs and debt service, shall |
| 112 | be restricted to further port capital improvements consistent |
| 113 | with maritime purposes and for no other purpose. Use of such |
| 114 | income for nonmaritime purposes is prohibited. The provisions of |
| 115 | s. 311.07(4) do not apply to any funds received pursuant to this |
| 116 | subsection. The revenues available under this subsection shall |
| 117 | not be pledged to the payment of any bonds other than the |
| 118 | Florida Ports Financing Commission Series 1996 and Series 1999 |
| 119 | Bonds currently outstanding; provided, however, such revenues |
| 120 | may be pledged to secure payment of refunding bonds to refinance |
| 121 | the Florida Ports Financing Commission Series 1996 and Series |
| 122 | 1999 Bonds. No refunding bonds secured by revenues available |
| 123 | under this subsection may be issued with a final maturity later |
| 124 | than the final maturity of the Florida Ports Financing |
| 125 | Commission Series 1996 and Series 1999 Bonds or which provide |
| 126 | for higher debt service in any year than is currently payable on |
| 127 | such bonds. Any revenue bonds or other indebtedness issued after |
| 128 | July 1, 2000, including other than refunding bonds, shall be |
| 129 | issued by the Division of Bond Finance at the request of the |
| 130 | Department of Transportation pursuant to the State Bond Act. |
| 131 | (4) Notwithstanding any other provision of law except |
| 132 | subsections (1), (2), and (3), on July 1, 1999, and annually |
| 133 | thereafter, $10 million shall be deposited in the State |
| 134 | Transportation Trust Fund solely for the purposes of funding the |
| 135 | Florida Seaport Transportation and Economic Development Program |
| 136 | as provided in chapter 311 and for funding seaport intermodal |
| 137 | access projects of statewide significance as provided in s. |
| 138 | 341.053. Such revenues shall be distributed to any port listed |
| 139 | in s. 311.09(1), to be used for funding projects as follows: |
| 140 | (a) For any seaport intermodal access projects that are |
| 141 | identified in the 1997-1998 Tentative Work Program of the |
| 142 | Department of Transportation, up to the amounts needed to offset |
| 143 | the funding requirements of this section. |
| 144 | (b) For seaport intermodal access projects as described in |
| 145 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
| 146 | Mission Plan as provided in s. 311.09(3). Funding for such |
| 147 | projects shall be on a matching basis as mutually determined by |
| 148 | the Florida Seaport Transportation and Economic Development |
| 149 | Council and the Department of Transportation, provided a minimum |
| 150 | of 25 percent of total project funds shall come from any port |
| 151 | funds, local funds, private funds, or specifically earmarked |
| 152 | federal funds. |
| 153 | (c) On a 50-50 matching basis for projects as described in |
| 154 | s. 311.07(3)(b). |
| 155 | (d) For seaport intermodal access projects that involve |
| 156 | the dredging or deepening of channels, turning basins, or |
| 157 | harbors,; or the construction or rehabilitation of wharves, |
| 158 | docks, or similar structures. Funding for such projects shall |
| 159 | require a 25 percent match of the funds received pursuant to |
| 160 | this subsection. Matching funds shall come from any port funds, |
| 161 | federal funds, local funds, or private funds. |
| 162 |
|
| 163 | Such revenues may be assigned, pledged, or set aside as a trust |
| 164 | for the payment of principal or interest on bonds, tax |
| 165 | anticipation certificates, or any other form of indebtedness |
| 166 | issued by an individual port or appropriate local government |
| 167 | having jurisdiction thereof, or collectively by interlocal |
| 168 | agreement among any of the ports, or used to purchase credit |
| 169 | support to permit such borrowings. However, such debt shall not |
| 170 | constitute a general obligation of the state. This state does |
| 171 | hereby covenant with holders of such revenue bonds or other |
| 172 | instruments of indebtedness issued hereunder that it will not |
| 173 | repeal or impair or amend this subsection in any manner which |
| 174 | will materially and adversely affect the rights of holders so |
| 175 | long as bonds authorized by this subsection are outstanding. Any |
| 176 | revenues that are not pledged to the repayment of bonds as |
| 177 | authorized by this section may be utilized for purposes |
| 178 | authorized under the Florida Seaport Transportation and Economic |
| 179 | Development Program. This revenue source is in addition to any |
| 180 | amounts provided for and appropriated in accordance with s. |
| 181 | 311.07 and subsection (3). The Florida Seaport Transportation |
| 182 | and Economic Development Council shall submit to the Department |
| 183 | of Transportation a list of strategic transportation, economic |
| 184 | development, and freight mobility projects that contribute to |
| 185 | the economic growth of the state and that approve distribution |
| 186 | of funds to ports for projects that have been approved pursuant |
| 187 | to s. 311.09(5)-(9), or that have been approved for seaport |
| 188 | intermodal access projects identified in the 5-year Florida |
| 189 | Seaport Mission Plan as provided in s. 311.09(3) and mutually |
| 190 | agreed upon by the FSTED Council and the Department of |
| 191 | Transportation. The council and the Department of Transportation |
| 192 | shall mutually agree upon the prioritization and selection of |
| 193 | projects for funding. The Department of Transportation shall |
| 194 | include the selected projects for funding in the tentative work |
| 195 | program developed pursuant to s. 339.135. All contracts for |
| 196 | actual construction of projects authorized by this subsection |
| 197 | must include a provision encouraging employment of participants |
| 198 | in the welfare transition program. The goal for employment of |
| 199 | participants in the welfare transition program is 25 percent of |
| 200 | all new employees employed specifically for the project, unless |
| 201 | the Department of Transportation and the Florida Seaport |
| 202 | Transportation and Economic Development Council demonstrate that |
| 203 | such a requirement would severely hamper the successful |
| 204 | completion of the project. In such an instance, Workforce |
| 205 | Florida, Inc., shall establish an appropriate percentage of |
| 206 | employees that must be participants in the welfare transition |
| 207 | program. The council and the Department of Transportation are |
| 208 | authorized to perform such acts as are required to facilitate |
| 209 | and implement the provisions of this subsection, including the |
| 210 | funding of approved projects by the use of other state funding |
| 211 | programs, local contributions from seaports, and the creative |
| 212 | use of federal funds. To better enable the ports to cooperate to |
| 213 | their mutual advantage, the governing body of each port may |
| 214 | exercise powers provided to municipalities or counties in s. |
| 215 | 163.01(7)(d) subject to the provisions of chapter 311 and |
| 216 | special acts, if any, pertaining to a port. The use of funds |
| 217 | provided pursuant to this subsection is limited to eligible |
| 218 | projects listed in this subsection. The provisions of s. |
| 219 | 311.07(4) do not apply to any funds received pursuant to this |
| 220 | subsection. The revenues available under this subsection shall |
| 221 | not be pledged to the payment of any bonds other than the |
| 222 | Florida Ports Financing Commission Series 1996 and Series 1999 |
| 223 | Bonds currently outstanding; provided, however, such revenues |
| 224 | may be pledged to secure payment of refunding bonds to refinance |
| 225 | the Florida Ports Financing Commission Series 1996 and Series |
| 226 | 1999 Bonds. No refunding bonds secured by revenues available |
| 227 | under this subsection may be issued with a final maturity later |
| 228 | than the final maturity of the Florida Ports Financing |
| 229 | Commission Series 1996 and Series 1999 Bonds or which provide |
| 230 | for higher debt service in any year than is currently payable on |
| 231 | such bonds. Any revenue bonds or other indebtedness issued after |
| 232 | July 1, 2000, including other than refunding bonds, shall be |
| 233 | issued by the Division of Bond Finance at the request of the |
| 234 | Department of Transportation pursuant to the State Bond Act. |
| 235 | (5) Notwithstanding any other provision of law except |
| 236 | subsections (1), (2), (3), and (4), on July 1, 2006, and |
| 237 | annually thereafter, $5 million shall be deposited in the State |
| 238 | Transportation Trust Fund solely for the purposes of funding the |
| 239 | Florida Seaport Transportation and Economic Development Program |
| 240 | as provided in chapter 311 and for funding seaport intermodal |
| 241 | access projects of statewide significance as provided in s. |
| 242 | 341.053. Such revenues shall be distributed to any port listed |
| 243 | in s. 311.09(1), to be used for funding projects as follows: |
| 244 | (a) For any seaport intermodal access projects that are |
| 245 | identified in the Tentative Work Program of the Department of |
| 246 | Transportation for the 2006-2007 to 2010-2011 fiscal years, up |
| 247 | to the amounts needed to offset the funding requirements of this |
| 248 | section. |
| 249 | (b) For seaport intermodal access projects as described in |
| 250 | s. 341.053(5) which are identified in the 5-year Florida Seaport |
| 251 | Mission Plan as provided in s. 311.09(3), funding shall require |
| 252 | at least a 25-percent match of the funds received pursuant to |
| 253 | this subsection. Matching funds shall come from any port funds, |
| 254 | federal funds, local funds, or private funds. |
| 255 | (c) For seaport projects as described in s. 311.07(3)(b), |
| 256 | funds shall be provided on a 50-50 matching basis. |
| 257 | (d) For seaport intermodal access projects that involve |
| 258 | the dredging or deepening of channels, turning basins, or |
| 259 | harbors, or the construction or rehabilitation of wharves, |
| 260 | docks, or similar structures, funding shall require at least a |
| 261 | 25-percent match of the funds received pursuant to this |
| 262 | subsection. Matching funds shall come from any port funds, |
| 263 | federal funds, local funds, or private funds. |
| 264 |
|
| 265 | Such revenues may be assigned, pledged, or set aside as a trust |
| 266 | for the payment of principal or interest on bonds, tax |
| 267 | anticipation certificates, or any other form of indebtedness |
| 268 | issued by the Division of Bond Finance at the request of the |
| 269 | Department of Transportation pursuant to the State Bond Act. |
| 270 | However, such debt does not constitute a general obligation of |
| 271 | the state. This state covenants with holders of such revenue |
| 272 | bonds or other instruments of indebtedness issued under this |
| 273 | subsection that it will not repeal or impair or amend this |
| 274 | subsection in any manner that will materially and adversely |
| 275 | affect the rights of holders so long as bonds authorized by this |
| 276 | subsection are outstanding. Any revenues that are not pledged to |
| 277 | the repayment of bonds as authorized by this subsection may be |
| 278 | used for purposes authorized under the Florida Seaport |
| 279 | Transportation and Economic Development Program. This revenue |
| 280 | source is in addition to any amounts provided for and |
| 281 | appropriated in accordance with s. 311.07 and subsections (3) |
| 282 | and (4). The Florida Seaport Transportation and Economic |
| 283 | Development Council shall submit to the Department of |
| 284 | Transportation a list of strategic transportation, economic |
| 285 | development, and freight mobility projects that contribute to |
| 286 | the economic growth of the state and that have been approved |
| 287 | pursuant to s. 311.09(5)-(9), or that have been approved for |
| 288 | seaport intermodal access projects identified in the 5-year |
| 289 | Florida Seaport Mission Plan as provided in s. 311.09(3). The |
| 290 | council and the Department of Transportation shall mutually |
| 291 | agree upon the prioritization and selection of projects for |
| 292 | funding. The Department of Transportation shall include the |
| 293 | selected projects for funding in the tentative work program |
| 294 | developed pursuant to s. 339.135. The council and the Department |
| 295 | of Transportation may perform such acts as are required to |
| 296 | facilitate and implement the provisions of this subsection, |
| 297 | including the funding of approved projects by the use of other |
| 298 | state funding programs, local contributions from seaports, and |
| 299 | the creative use of federal funds. To better enable the ports to |
| 300 | cooperate to their mutual advantage, the governing body of each |
| 301 | port may exercise powers provided to municipalities or counties |
| 302 | in s. 163.01(7)(d), subject to the provisions of chapter 311 and |
| 303 | special acts, if any, pertaining to the port. The use of funds |
| 304 | provided under this subsection is limited to eligible projects |
| 305 | listed in this subsection. Section 311.07(4) does not apply to |
| 306 | any funds received pursuant to this subsection. |
| 307 | (6)(a)(5)(a) Except as provided in paragraph (c), the |
| 308 | remainder of such revenues must be deposited in the State |
| 309 | Transportation Trust Fund. |
| 310 | (b) The Chief Financial Officer each month shall deposit |
| 311 | in the State Transportation Trust Fund an amount, drawn from |
| 312 | other funds in the State Treasury which are not immediately |
| 313 | needed or are otherwise in excess of the amount necessary to |
| 314 | meet the requirements of the State Treasury, which when added to |
| 315 | such remaining revenues each month will equal one-twelfth of the |
| 316 | amount of the anticipated annual revenues to be deposited in the |
| 317 | State Transportation Trust Fund under paragraph (a) as |
| 318 | determined by the Chief Financial Officer after consultation |
| 319 | with the revenue estimating conference held pursuant to s. |
| 320 | 216.136(3). The transfers required hereunder may be suspended by |
| 321 | action of the Legislative Budget Commission in the event of a |
| 322 | significant shortfall of state revenues. |
| 323 | (c) In any month in which the remaining revenues derived |
| 324 | from the registration of motor vehicles exceed one-twelfth of |
| 325 | those anticipated annual remaining revenues as determined by the |
| 326 | Chief Financial Officer after consultation with the revenue |
| 327 | estimating conference, the excess shall be credited to those |
| 328 | state funds in the State Treasury from which the amount was |
| 329 | originally drawn, up to the amount which was deposited in the |
| 330 | State Transportation Trust Fund under paragraph (b). A final |
| 331 | adjustment must be made in the last months of a fiscal year so |
| 332 | that the total revenue deposited in the State Transportation |
| 333 | Trust Fund each year equals the amount derived from the |
| 334 | registration of motor vehicles, less the amount distributed |
| 335 | under subsection (1). For the purposes of this paragraph and |
| 336 | paragraph (b), the term "remaining revenues" means all revenues |
| 337 | deposited into the State Transportation Trust Fund under |
| 338 | paragraph (a) and subsections (2) and (3). In order that |
| 339 | interest earnings continue to accrue to the General Revenue |
| 340 | Fund, the Department of Transportation may not invest an amount |
| 341 | equal to the cumulative amount of funds deposited in the State |
| 342 | Transportation Trust Fund under paragraph (b) less funds |
| 343 | credited under this paragraph as computed on a monthly basis. |
| 344 | The amounts to be credited under this and the preceding |
| 345 | paragraph must be calculated and certified to the Chief |
| 346 | Financial Officer by the Executive Office of the Governor. |
| 347 |
|
| 348 | ======== T I T L E A M E N D M E N T ======== |
| 349 | Between lines 524 and 525, insert: |
| 350 | amending s. 311.22, F.S.; revising the funding for certain |
| 351 | dredging projects; amending s. 320.20, F.S.; revising the |
| 352 | distribution of license tax moneys deposited in the State |
| 353 | Transportation Trust Fund for the funding of the Florida |
| 354 | Seaport Transportation and Economic Development program |
| 355 | and certain seaport intermodal access projects; requiring |
| 356 | the Florida Seaport Transportation and Economic |
| 357 | Development Council to submit a list of certain freight |
| 358 | mobility projects to the Department of Transportation; |
| 359 | requiring the council and the department to agree upon the |
| 360 | projects selected for funding; requiring the department to |
| 361 | include the selected projects for funding in the tentative |
| 362 | work program; providing that refunding bonds shall be |
| 363 | issued by the Division of Bond Finance at the request of |
| 364 | the department; providing for funding the construction of |
| 365 | wharves and docks; requiring that a certain sum of money |
| 366 | be deposited in the State Transportation Trust Fund for |
| 367 | the funding of the Florida Seaport Transportation and |
| 368 | Economic Development program and certain seaport |
| 369 | intermodal access projects; providing for distribution of |
| 370 | revenues for the funding of certain seaport intermodal |
| 371 | access projects; |