Senate Bill sb2300er

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  1                                 

  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.

30  

31  


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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.

30  

31  


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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.

30  

31  


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