Senate Bill sb2300c2
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By the Committees on Transportation and Economic Development
Appropriations; Community Affairs; and Senators Webster and
Fasano
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1 A bill to be entitled
2 An act relating to transportation; amending s.
3 311.22, F.S.; authorizing a 25-percent match of
4 funds for certain dredging projects; amending
5 s. 320.20, F.S.; requiring the Florida Seaport
6 Transportation and Economic Development Council
7 to submit to the Department of Transportation a
8 list of recommended projects; requiring the
9 department to approve final distribution of
10 funds for selected projects for funding in the
11 tentative work program; appropriating $5
12 million annually for funding the Florida
13 Seaport Transportation and Economic Development
14 Program as provided in ch. 311, F.S., and for
15 funding seaport intermodal access projects of
16 statewide significance in s. 341.053, F.S.;
17 amending s. 334.351, F.S., relating to youth
18 work experience programs in the Department of
19 Transportation; providing criteria for
20 participation in the program; amending s.
21 339.08, F.S.; allowing moneys in the State
22 Transportation Trust Fund to be used to pay the
23 cost of the Enhanced Bridge Program; creating
24 s. 339.282, F.S.; creating the Enhanced Bridge
25 Program for Sustainable Transportation within
26 the Department of Transportation; providing for
27 the use of funds in the program; providing
28 project guidelines for program funding;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (1) of section 311.22, Florida
2 Statutes, is amended to read:
3 311.22 Additional authorization for funding certain
4 dredging projects.--
5 (1) The Florida Seaport Transportation and Economic
6 Development Council shall establish a program to fund dredging
7 projects in counties having a population of fewer than 300,000
8 according to the last official census. Funds made available
9 under this program may be used to fund approved projects for
10 the dredging or deepening of channels, turning basins, or
11 harbors on a 25-percent local 50-50 matching basis with any
12 port authority, as such term is defined in s. 315.02(2), which
13 complies with the permitting requirements in part IV of
14 chapter 373 and the local financial management and reporting
15 provisions of part III of chapter 218.
16 Section 2. Subsections (3) and (4) of section 320.20,
17 Florida Statutes, are amended, present subsection (5) of that
18 section is redesignated as subsection (6) and a new subsection
19 (5) is added to that section, to read:
20 320.20 Disposition of license tax moneys.--The revenue
21 derived from the registration of motor vehicles, including any
22 delinquent fees and excluding those revenues collected and
23 distributed under the provisions of s. 320.081, must be
24 distributed monthly, as collected, as follows:
25 (3) Notwithstanding any other provision of law except
26 subsections (1) and (2), on July 1, 1996, and annually
27 thereafter, $15 million shall be deposited in the State
28 Transportation Trust Fund solely for the purposes of funding
29 the Florida Seaport Transportation and Economic Development
30 Program as provided for in chapter 311. Such revenues shall
31 be distributed on a 50-50 matching basis to any port listed in
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1 s. 311.09(1) to be used for funding projects as described in
2 s. 311.07(3)(b). Such revenues may be assigned, pledged, or
3 set aside as a trust for the payment of principal or interest
4 on bonds, tax anticipation certificates, or any other form of
5 indebtedness issued by an individual port or appropriate local
6 government having jurisdiction thereof, or collectively by
7 interlocal agreement among any of the ports, or used to
8 purchase credit support to permit such borrowings. However,
9 such debt shall not constitute a general obligation of the
10 State of Florida. The state does hereby covenant with holders
11 of such revenue bonds or other instruments of indebtedness
12 issued hereunder that it will not repeal or impair or amend in
13 any manner which will materially and adversely affect the
14 rights of such holders so long as bonds authorized by this
15 section are outstanding. Any revenues which are not pledged
16 to the repayment of bonds as authorized by this section may be
17 utilized for purposes authorized under the Florida Seaport
18 Transportation and Economic Development Program. This revenue
19 source is in addition to any amounts provided for and
20 appropriated in accordance with s. 311.07. The Florida
21 Seaport Transportation and Economic Development Council shall
22 submit to the Department of Transportation a list of
23 recommended approve distribution of funds to ports for
24 projects that which have been identified approved pursuant to
25 s. 311.09(5)-(9). The council and the Department of
26 Transportation shall approve the final distribution of funds
27 and include the selected projects for funding in the tentative
28 work program developed pursuant to s. 339.135. The council and
29 the Department of Transportation are authorized to perform
30 such acts as are required to facilitate and implement the
31 provisions of this subsection. To better enable the ports to
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1 cooperate to their mutual advantage, the governing body of
2 each port may exercise powers provided to municipalities or
3 counties in s. 163.01(7)(d) subject to the provisions of
4 chapter 311 and special acts, if any, pertaining to a port.
5 The use of funds provided pursuant to this subsection are
6 limited to eligible projects listed in this subsection.
7 Income derived from a project completed with the use of
8 program funds, beyond operating costs and debt service, shall
9 be restricted to further port capital improvements consistent
10 with maritime purposes and for no other purpose. Use of such
11 income for nonmaritime purposes is prohibited. The provisions
12 of s. 311.07(4) do not apply to any funds received pursuant to
13 this subsection. The revenues available under this subsection
14 shall not be pledged to the payment of any bonds other than
15 the Florida Ports Financing Commission Series 1996 and Series
16 1999 Bonds currently outstanding; provided, however, such
17 revenues may be pledged to secure payment of refunding bonds
18 to refinance the Florida Ports Financing Commission Series
19 1996 and Series 1999 Bonds. No refunding bonds secured by
20 revenues available under this subsection may be issued with a
21 final maturity later than the final maturity of the Florida
22 Ports Financing Commission Series 1996 and Series 1999 Bonds
23 or which provide for higher debt service in any year than is
24 currently payable on such bonds. Any revenue bonds or other
25 indebtedness issued after July 1, 2000, including other than
26 refunding bonds shall be issued by the Division of Bond
27 Finance at the request of the Department of Transportation
28 pursuant to the State Bond Act.
29 (4) Notwithstanding any other provision of law except
30 subsections (1), (2), and (3), on July 1, 1999, and annually
31 thereafter, $10 million shall be deposited in the State
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1 Transportation Trust Fund solely for the purposes of funding
2 the Florida Seaport Transportation and Economic Development
3 Program as provided in chapter 311 and for funding seaport
4 intermodal access projects of statewide significance as
5 provided in s. 341.053. Such revenues shall be distributed to
6 any port listed in s. 311.09(1), to be used for funding
7 projects as follows:
8 (a) For any seaport intermodal access projects that
9 are identified in the 1997-1998 Tentative Work Program of the
10 Department of Transportation, up to the amounts needed to
11 offset the funding requirements of this section.
12 (b) For seaport intermodal access projects as
13 described in s. 341.053(5) that are identified in the 5-year
14 Florida Seaport Mission Plan as provided in s. 311.09(3).
15 Funding for such projects shall be on a matching basis as
16 mutually determined by the Florida Seaport Transportation and
17 Economic Development Council and the Department of
18 Transportation, provided a minimum of 25 percent of total
19 project funds shall come from any port funds, local funds,
20 private funds, or specifically earmarked federal funds.
21 (c) On a 50-50 matching basis for projects as
22 described in s. 311.07(3)(b).
23 (d) For seaport intermodal access projects that
24 involve the dredging or deepening of channels, turning basins,
25 or harbors; or the rehabilitation of wharves, docks, or
26 similar structures. Funding for such projects shall require a
27 25 percent match of the funds received pursuant to this
28 subsection. Matching funds shall come from any port funds,
29 federal funds, local funds, or private funds.
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1 Such revenues may be assigned, pledged, or set aside as a
2 trust for the payment of principal or interest on bonds, tax
3 anticipation certificates, or any other form of indebtedness
4 issued by an individual port or appropriate local government
5 having jurisdiction thereof, or collectively by interlocal
6 agreement among any of the ports, or used to purchase credit
7 support to permit such borrowings. However, such debt shall
8 not constitute a general obligation of the state. This state
9 does hereby covenant with holders of such revenue bonds or
10 other instruments of indebtedness issued hereunder that it
11 will not repeal or impair or amend this subsection in any
12 manner which will materially and adversely affect the rights
13 of holders so long as bonds authorized by this subsection are
14 outstanding. Any revenues that are not pledged to the
15 repayment of bonds as authorized by this section may be
16 utilized for purposes authorized under the Florida Seaport
17 Transportation and Economic Development Program. This revenue
18 source is in addition to any amounts provided for and
19 appropriated in accordance with s. 311.07 and subsection (3).
20 The Florida Seaport Transportation and Economic Development
21 Council shall submit to the Department of Transportation a
22 list if recommended approve distribution of funds to ports for
23 projects that have been identified approved pursuant to s.
24 311.09(5)-(9), or for seaport intermodal access projects
25 identified in the 5-year Florida Seaport Mission Plan as
26 provided in s. 311.09(3) and mutually agreed upon by the FSTED
27 Council and the Department of Transportation. The Department
28 of Transportation shall approve the final distribution of
29 funds and include the selected projects for funding in the
30 tentative work program developed pursuant to s. 339.135. All
31 contracts for actual construction of projects authorized by
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1 this subsection must include a provision encouraging
2 employment of participants in the welfare transition program.
3 The goal for employment of participants in the welfare
4 transition program is 25 percent of all new employees employed
5 specifically for the project, unless the Department of
6 Transportation and the Florida Seaport Transportation and
7 Economic Development Council demonstrate that such a
8 requirement would severely hamper the successful completion of
9 the project. In such an instance, Workforce Florida, Inc.,
10 shall establish an appropriate percentage of employees that
11 must be participants in the welfare transition program. The
12 council and the Department of Transportation are authorized to
13 perform such acts as are required to facilitate and implement
14 the provisions of this subsection. To better enable the ports
15 to cooperate to their mutual advantage, the governing body of
16 each port may exercise powers provided to municipalities or
17 counties in s. 163.01(7)(d) subject to the provisions of
18 chapter 311 and special acts, if any, pertaining to a port.
19 The use of funds provided pursuant to this subsection is
20 limited to eligible projects listed in this subsection. The
21 provisions of s. 311.07(4) do not apply to any funds received
22 pursuant to this subsection. The revenues available under this
23 subsection shall not be pledged to the payment of any bonds
24 other than the Florida Ports Financing Commission Series 1996
25 and Series 1999 Bonds currently outstanding; provided,
26 however, such revenues may be pledged to secure payment of
27 refunding bonds to refinance the Florida Ports Financing
28 Commission Series 1996 and Series 1999 Bonds. No refunding
29 bonds secured by revenues available under this subsection may
30 be issued with a final maturity later than the final maturity
31 of the Florida Ports Financing Commission Series 1996 and
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1 Series 1999 Bonds or which provide for higher debt service in
2 any year than is currently payable on such bonds. Any revenue
3 bonds or other indebtedness issued after July 1, 2000,
4 including other than refunding bonds shall be issued by the
5 Division of Bond Finance at the request of the Department of
6 Transportation pursuant to the State Bond Act.
7 (5) Notwithstanding any other provision of law except
8 subsections (1), (2), (3), and (4), on July 1, 2006, and
9 annually thereafter, $5 million shall be deposited in the
10 State Transportation Trust Fund solely for the purposes of
11 funding the Florida Seaport Transportation and Economic
12 Development Program as provided in chapter 311 and for funding
13 seaport intermodal access projects of statewide significance
14 as provided in s. 341.053. Such revenues shall be distributed
15 to any port listed in s. 311.09(1), to be used for funding
16 projects as follows:
17 (a) For any seaport intermodal access projects that
18 are identified in the tentative work program of the Department
19 of Transportation for fiscal years 2006-2007 to 2010-2011, up
20 to the amounts needed to offset the funding requirements of
21 this section.
22 (b) For seaport intermodal access projects as
23 described in s. 341.053(5) which are identified in the 5-year
24 Florida Seaport Mission Plan as provided in s. 311.09(3), at
25 least a 25-percent match of the funds received pursuant to
26 this subsection. Matching funds shall come from any port
27 funds, federal funds, local funds, or private funds.
28 (c) For seaport projects, funds on a 50-50 matching
29 basis as described in s. 311.07(3)(b).
30 (d) For seaport intermodal access projects that
31 involve the dredging or deepening of channels, turning basins,
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1 or harbors or the rehabilitation of wharves, docks, or similar
2 structures, at least a 25-percent match of the funds received
3 pursuant to this subsection. Matching funds shall come from
4 any port funds, federal funds, local funds, or private funds.
5
6 Such revenues may be assigned, pledged, or set aside as a
7 trust for the payment of principal or interest on bonds, tax
8 anticipation certificates, or any other form of indebtedness
9 issued by the Division of Bond Finance at the request of the
10 Department of Transportation pursuant to the State Bond Act.
11 However, such debt shall not constitute a general obligation
12 of the state. This state does hereby covenant with holders of
13 such revenue bonds or other instruments of indebtedness issued
14 hereunder that it will not repeal or impair or amend this
15 subsection in any manner that will materially and adversely
16 affect the rights of holders so long as bonds authorized by
17 this subsection are outstanding. Any revenues that are not
18 pledged to the repayment of bonds as authorized by this
19 section may be used for purposes authorized under the Florida
20 Seaport Transportation and Economic Development Program. This
21 revenue source is in addition to any amounts provided for and
22 appropriated in accordance with s. 311.07 and subsections (3)
23 and (4). The Florida Seaport Transportation and Economic
24 Development Council shall submit to the Department of
25 Transportation a list of recommended projects that have been
26 identified pursuant to s. 311.0(5)-(9) or for seaport
27 intermodal access projects identified in the 5-year Florida
28 Seaport Mission Plan as provided in s. 311.09(3). The
29 Department of Transportation shall approve the final
30 distribution of funds and include the selected projects for
31 funding in the tentative work program developed pursuant to s.
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1 339.135. The council and the Department of Transportation are
2 authorized to perform such acts as are required to facilitate
3 and implement the provisions of this subsection. To better
4 enable the ports to cooperate to their mutual advantage, the
5 governing body of each port may exercise powers provided to
6 municipalities or counties in s. 163.01(7)(d) subject to the
7 provisions of chapter 311 and special acts, if any, pertaining
8 to a port. The use of funds provided pursuant to this
9 subsection is limited to eligible projects listed in this
10 subsection. The provisions of s. 311.07(4) do not apply to any
11 funds received pursuant to this subsection.
12 Section 3. Section 334.351, Florida Statutes, is
13 amended to read:
14 334.351 Youth work experience program; findings and
15 intent; authority to contract; limitation.--
16 (1) The Legislature finds and declares that young men
17 and women of the state should be given an opportunity to
18 obtain public service work and training experience that
19 protects and conserves the valuable resources of the state and
20 promotes participation in other community enhancement
21 projects. Notwithstanding the requirements of chapters 287 and
22 337, the Department of Transportation is authorized to
23 contract with public agencies and nonprofit organizations for
24 the performance of work related to the construction and
25 maintenance of transportation-related facilities by youths
26 enrolled in youth work experience programs. The total amount
27 of contracts entered into by the department under this section
28 in any fiscal year may not exceed the amount specifically
29 appropriated by the Legislature for this program.
30 (2) Any youth who is participating in a nonprofit
31 youth organization that provides services under contract to
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1 the department must be certified by the youth organization as
2 a resident of this state and must possess a valid Florida
3 driver's license or identification card.
4 (3) Before awarding a contract under this section, the
5 department must consider the following criteria when selecting
6 a nonprofit youth organization to perform work on
7 transportation-related facilities:
8 (a) The number of participants receiving
9 life-management skills training;
10 (b) The number of participants receiving high school
11 diplomas or GEDs;
12 (c) The number of participants receiving scholarships;
13 (d) The number of participants receiving bonuses;
14 (e) The number of participants who have secured
15 full-time jobs; and
16 (f) The other programs or services that support the
17 development of disadvantaged youths.
18 (4) Each nonprofit youth organization under contract
19 with the department must:
20 (a) Submit an annual report to the department by
21 January 1 of each year. The report must include, but need not
22 be limited to, the applicable performance of the organization
23 when measured by the criteria in subsection (3) for the
24 organization's most recently completed fiscal year.
25 (b) Submit an independent audit of the organization's
26 financial records to the department each year. The
27 organization's contract with the department must allow the
28 department the right to inspect the organization's financial
29 and program records.
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1 (c) Demonstrate participation in a peer assessment or
2 review process, such as the National Association of Service
3 and Conservation Corps "Excellence in Corps Operations."
4 Section 4. Paragraph (j) of subsection (1) of section
5 339.08, Florida Statutes, is amended to read:
6 339.08 Use of moneys in State Transportation Trust
7 Fund.--
8 (1) The department shall expend moneys in the State
9 Transportation Trust Fund accruing to the department, in
10 accordance with its annual budget. The use of such moneys
11 shall be restricted to the following purposes:
12 (j) To pay the cost of county or municipal road
13 projects selected in accordance with the County Incentive
14 Grant Program created in s. 339.2817, and the Small County
15 Outreach Program created in s. 339.2818, and the Enhanced
16 Bridge Program created in s. 339.282.
17 Section 5. Section 339.282, Florida Statutes, is
18 created to read:
19 339.282 Enhanced Bridge Program for Sustainable
20 Transportation.--
21 (1) There is created within the Department of
22 Transportation the Enhanced Bridge Program for Sustainable
23 Transportation for the purpose of providing funds to improve
24 the sufficiency rating of local bridges and to improve
25 congested roads on the State Highway System or local corridors
26 on which high-cost bridges are located in order to improve a
27 corridor or provide an alternative corridor.
28 (2) Matching funds provided from the program may fund
29 up to 50 percent of project costs.
30 (3) The department shall allocate a minimum of 25
31 percent of funding available for the program for local bridge
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1 projects to replace, rehabilitate, paint, or install scour
2 countermeasures to highway bridges located on public roads,
3 other than those on the State Highway System. A project to be
4 funded must, at a minimum:
5 (a) Be classified as a structurally deficient bridge
6 having a poor condition rating for the deck, superstructure,
7 substructure component, or culvert;
8 (b) Have a sufficiency rating of 35 or below; and
9 (c) Have average daily traffic of at least 500
10 vehicles.
11 (4) Special consideration shall be given to bridges
12 that are closed to all traffic or that have a load restriction
13 of less than 10 tons.
14 (5) The department shall allocate remaining funding
15 available for the program to improve highly congested roads on
16 the State Highway System or local corridors on which high-cost
17 bridges are located in order to improve the corridor or
18 provide an alternative corridor. A project to be funded must,
19 at a minimum:
20 (a) Be on or provide direct relief to an existing
21 corridor that is backlogged or constrained; and
22 (b) Be a major bridge having an estimated cost greater
23 than $25 million.
24 (6) Preference shall be given to bridge projects
25 located on corridors that connect to the Strategic Intermodal
26 System, created under s. 339.64, and that have been identified
27 as regionally significant in accordance with s.
28 339.155(5)(c),(d), and (e).
29 Section 6. This act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS Senate Bill 2300
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-- Reduces the local match requirement for dredging or
5 deepening new channels, or turning basins for small ports
from 50 percent to 25 percent.
6
-- Earmarks $5 million annually in motor vehicle
7 registration fees to finance a third Florida Seaport
Transportation Economic Development (FSTED) revenue bond
8 issue and provides program criteria. This bond issue is
expected to raise about $80 million.
9
-- Deletes the prohibition against the existing FSTED bonds
10 being refunded. The refinance of the existing bonds could
potentially generate an additional $60 million in revenue
11 to support new port projects
12 -- Provides criteria that must be met by nonprofit
organizations in order to be eligible to participate in
13 the Florida Department of Transportation's youth work
experience program.
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