HB 7095

1
A bill to be entitled
2An act relating to transportation financing; creating s.
3215.606, F.S.; providing legislative findings; authorizing
4issuance of state bonds to finance or refinance the costs
5of acquiring real property or the rights to real property
6for state transportation infrastructure or to finance or
7refinance repair and replacement of bridges; requiring
8legislative authorization; providing that the bonds are
9secured by the full faith and credit of the state;
10providing for transfer of funds for debt service;
11providing for issuance of the bonds by the Division of
12Bond Finance under the State Bond Act; providing for
13certification of the projects by the Department of
14Transportation; limiting the amount of the bonds issued
15and debt service requirements; providing for the terms of
16the bonds to be set by the division in consultation with
17the department based on certain factors; providing for use
18of the bond proceeds; providing a contingent effective
19date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 215.606, Florida Statutes, is created
24to read:
25     215.606  State bonds for financing transportation
26infrastructure.--
27     (1)  The Legislature finds that Florida's transportation
28infrastructure is not keeping pace with the state's growth in
29population and visitors or with increased material and labor
30costs. More than 65 percent of the state's major highways are
31considered congested, and motorists are spending more hours
32driving and are driving more miles per day than the state's
33capacity to add new lane miles. The Legislature also finds that
34recent increases in transportation funding will not
35significantly reduce the $38 billion to $48 billion backlog in
36unfunded state transportation needs. Exacerbating the problem
37are double-digit increases in the materials used in
38transportation construction and increased competition,
39nationwide, for transportation builders. Finally, the
40Legislature finds that a safe and efficient transportation
41system is one of the state's key economic engines. Therefore,
42the Legislature concludes that an additional, flexible funding
43source for certain transportation activities and projects is
44necessary to continue the state's commitment to preserve,
45maintain, and expand its transportation system in order to keep
46residents and visitors mobile, effectively move freight and
47consumer goods, and enhance the state's economy.
48     (2)  The issuance of state bonds to finance or refinance
49the costs of acquiring real property or the rights to real
50property for state transportation infrastructure or to finance
51or refinance repair and replacement of bridges, and purposes
52incidental to such property acquisition or bridge projects, is
53hereby authorized pursuant to s. 11(g), Art. VII of the State
54Constitution and ss. 215.57-215.83.
55     (a)  Right-of-way acquisition or transportation
56infrastructure financed by state bonds issued under this section
57shall first be authorized by the Legislature by an act relating
58to appropriations or by general law and shall be issued pursuant
59to the State Bond Act.
60     (b)  Bonds issued pursuant to this section shall be secured
61by the full faith and credit of the state. An amount sufficient
62to pay debt service on the bonds shall be transferred from the
63General Revenue Fund to the State Transportation Trust Fund.
64     (c)  The Department of Transportation shall request the
65Division of Bond Finance to issue the state bonds authorized by
66this section pursuant to the State Bond Act. The Department of
67Transportation shall certify that the projects to be financed
68will comply with the requirements of s. 339.135(4)(b) and (c)
69and (5).
70     (d)  The total amount of bonds to be issued under this
71section shall be limited by the debt service requirements of the
72bonds issued and outstanding. The debt service requirements of
73the bonds issued and outstanding under this section shall not
74exceed $500 million in any fiscal year.
75     (e)  The term of the bonds shall not exceed 30 years. The
76Division of Bond Finance, in consultation with the Department of
77Transportation, shall determine the term of each bond series,
78and the timing of each issuance, based on factors including
79interest rates, market conditions, and sufficiency of debt
80service.
81     (3)  Bond proceeds available pursuant to this section shall
82be transferred to the State Transportation Trust Fund and may be
83used to finance the following Department of Transportation
84infrastructure activities or projects:
85     (a)  Acquisition of right-of-way and other real property
86for highway, rail, public transportation, airport, and seaport
87projects; or
88     (b)  Bridge Repair and Replacement Program projects.
89     Section 2.  This act shall take effect on the effective
90date of the amendment to the State Constitution proposed by
91House Joint Resolution 7093 or a similar joint resolution having
92substantially the same specific intent and purpose, if that
93amendment is approved by the electors at the general election to
94be held in November 2006. If the amendment to the State
95Constitution proposed by such joint resolution is rejected by
96the voters, this act shall be null and void.


CODING: Words stricken are deletions; words underlined are additions.