Senate Bill sb0432

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    Florida Senate - 2007                                   SB 432

    By Senator King





    8-339A-07

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         311.22, F.S.; revising funding for certain

  4         dredging projects; amending s. 320.20, F.S.;

  5         revising the distribution of license tax moneys

  6         deposited in the State Transportation Trust

  7         Fund for the funding of the Florida Seaport

  8         Transportation and Economic Development Program

  9         and certain seaport intermodal access projects;

10         requiring the Florida Seaport Transportation

11         and Economic Development Council to submit a

12         list of certain freight mobility projects to

13         the Department of Transportation; requiring

14         that the council and the department agree upon

15         the projects selected for funding; requiring

16         the department to include the selected projects

17         for funding in the tentative work program;

18         providing that refunding bonds shall be issued

19         by the Division of Bond Finance at the request

20         of the department; providing for funding the

21         construction of wharves and docks; requiring

22         that a certain sum of money be deposited in the

23         State Transportation Trust Fund for the funding

24         of the Florida Seaport Transportation and

25         Economic Development Program and certain

26         seaport intermodal access projects; providing

27         for distribution of revenues for the funding of

28         certain seaport intermodal access projects;

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.  Section 320.20, Florida Statutes, is

17  amended to read:

18         320.20  Disposition of license tax moneys.--The revenue

19  derived from the registration of motor vehicles, including any

20  delinquent fees and excluding those revenues collected and

21  distributed under the provisions of s. 320.081, must be

22  distributed monthly, as collected, as follows:

23         (1)  The first proceeds, to the extent necessary to

24  comply with the provisions of s. 18, Art. XII of the State

25  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

26  revised constitution, and the additional provisions of s. 9(d)

27  and s. 1010.57, must be deposited in the district Capital

28  Outlay and Debt Service School Trust Fund.

29         (2)  Twenty-five million dollars per year of such

30  revenues must be deposited in the State Transportation Trust

31  Fund, with priority use assigned to completion of the

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 1  interstate highway system. However, any excess funds may be

 2  utilized for general transportation purposes, consistent with

 3  the Department of Transportation's legislatively approved

 4  objectives.

 5         (3)  Notwithstanding any other provision of law except

 6  subsections (1) and (2), on July 1, 1996, and annually

 7  thereafter, $15 million shall be deposited in the State

 8  Transportation Trust Fund solely for the purposes of funding

 9  the Florida Seaport Transportation and Economic Development

10  Program as provided for in chapter 311.  Such revenues shall

11  be distributed to any port listed in s. 311.09(1), to be used

12  for funding projects as follows:

13         (a)  For any seaport intermodal access projects that

14  are identified in the tentative work program of the Department

15  of Transportation for the 2007-2008 to 2011-2012 fiscal years,

16  up to the amounts needed to offset the funding requirements of

17  this section.

18         (b)  For seaport intermodal access projects as

19  described in s. 341.053(5) which are identified in the 5-year

20  Florida Seaport Mission Plan as provided in s. 311.09(3),

21  funding shall require at least a 25-percent match of the funds

22  received pursuant to this subsection. Matching funds shall

23  come from any port funds, federal funds, local funds, or

24  private funds.

25         (c)  For seaport projects as described in s.

26  311.07(3)(b), funds shall be provided on a 50-50 matching

27  basis.

28         (d)  For seaport intermodal access projects that

29  involve the dredging or deepening of channels, turning basins,

30  or harbors, or the construction or rehabilitation of wharves,

31  docks, or similar structures, funding shall require at least a

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 1  25-percent match of the funds received pursuant to this

 2  subsection. Matching funds shall come from any port funds,

 3  federal funds, local funds, or private funds. on a 50-50

 4  matching basis to any port listed in s. 311.09(1) to be used

 5  for funding projects as described in s. 311.07(3)(b).

 6  

 7  Such revenues may be assigned, pledged, or set aside as a

 8  trust for the payment of principal or interest on bonds, tax

 9  anticipation certificates, or any other form of indebtedness

10  issued by an individual port or appropriate local government

11  having jurisdiction thereof, or collectively by interlocal

12  agreement among any of the ports, or used to purchase credit

13  support to permit such borrowings. However, such debt shall

14  not constitute a general obligation of the State of Florida.

15  The state does hereby covenant with holders of such revenue

16  bonds or other instruments of indebtedness issued hereunder

17  that it will not repeal or impair or amend in any manner which

18  will materially and adversely affect the rights of such

19  holders so long as bonds authorized by this section are

20  outstanding.  Any revenues which are not pledged to the

21  repayment of bonds as authorized by this section may be

22  utilized for purposes authorized under the Florida Seaport

23  Transportation and Economic Development Program.  This revenue

24  source is in addition to any amounts provided for and

25  appropriated in accordance with s. 311.07.  The Florida

26  Seaport Transportation and Economic Development Council shall

27  submit to the Department of Transportation a list of strategic

28  transportation, economic development, and freight mobility

29  projects that contribute to the economic growth of the state

30  and that approve distribution of funds to ports for projects

31  which have been approved pursuant to s. 311.09(5)-(9). The

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 1  council and the Department of Transportation shall mutually

 2  agree upon the prioritization and selection of projects for

 3  funding. The Department of Transportation shall include the

 4  selected projects for funding in the tentative work program

 5  developed pursuant to s. 339.135. The council and the

 6  Department of Transportation are authorized to perform such

 7  acts as are required to facilitate and implement the

 8  provisions of this subsection, including the funding of

 9  approved projects by the use of other state funding programs,

10  local contributions from seaports, and the creative use of

11  federal funds. To better enable the ports to cooperate to

12  their mutual advantage, the governing body of each port may

13  exercise powers provided to municipalities or counties in s.

14  163.01(7)(d) subject to the provisions of chapter 311 and

15  special acts, if any, pertaining to a port.  The use of funds

16  provided pursuant to this subsection are limited to eligible

17  projects listed in this subsection.  Income derived from a

18  project completed with the use of program funds, beyond

19  operating costs and debt service, shall be restricted to

20  further port capital improvements consistent with maritime

21  purposes and for no other purpose.  Use of such income for

22  nonmaritime purposes is prohibited. The provisions of s.

23  311.07(4) do not apply to any funds received pursuant to this

24  subsection. The revenues available under this subsection shall

25  not be pledged to the payment of any bonds other than the

26  Florida Ports Financing Commission Series 1996 and Series 1999

27  Bonds currently outstanding; provided, however, such revenues

28  may be pledged to secure payment of refunding bonds to

29  refinance the Florida Ports Financing Commission Series 1996

30  and Series 1999 Bonds. No refunding bonds secured by revenues

31  available under this subsection may be issued with a final

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 1  maturity later than the final maturity of the Florida Ports

 2  Financing Commission Series 1996 and Series 1999 Bonds or

 3  which provide for higher debt service in any year than is

 4  currently payable on such bonds. Any revenue bonds or other

 5  indebtedness issued after July 1, 2000, including other than

 6  refunding bonds, shall be issued by the Division of Bond

 7  Finance at the request of the Department of Transportation

 8  pursuant to the State Bond Act.

 9         (4)  Notwithstanding any other provision of law except

10  subsections (1), (2), and (3), on July 1, 1999, and annually

11  thereafter, $10 million shall be deposited in the State

12  Transportation Trust Fund solely for the purposes of funding

13  the Florida Seaport Transportation and Economic Development

14  Program as provided in chapter 311 and for funding seaport

15  intermodal access projects of statewide significance as

16  provided in s. 341.053. Such revenues shall be distributed to

17  any port listed in s. 311.09(1), to be used for funding

18  projects as follows:

19         (a)  For any seaport intermodal access projects that

20  are identified in the 1997-1998 Tentative Work Program of the

21  Department of Transportation, up to the amounts needed to

22  offset the funding requirements of this section.

23         (b)  For seaport intermodal access projects as

24  described in s. 341.053(5) that are identified in the 5-year

25  Florida Seaport Mission Plan as provided in s. 311.09(3).

26  Funding for such projects shall be on a matching basis as

27  mutually determined by the Florida Seaport Transportation and

28  Economic Development Council and the Department of

29  Transportation, provided a minimum of 25 percent of total

30  project funds shall come from any port funds, local funds,

31  private funds, or specifically earmarked federal funds.

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 1         (c)  On a 50-50 matching basis for projects as

 2  described in s. 311.07(3)(b).

 3         (d)  For seaport intermodal access projects that

 4  involve the dredging or deepening of channels, turning basins,

 5  or harbors,; or the construction or rehabilitation of wharves,

 6  docks, or similar structures. Funding for such projects shall

 7  require a 25-percent match of the funds received pursuant to

 8  this subsection. Matching funds shall come from any port

 9  funds, federal funds, local funds, or private funds.

10  

11  Such revenues may be assigned, pledged, or set aside as a

12  trust for the payment of principal or interest on bonds, tax

13  anticipation certificates, or any other form of indebtedness

14  issued by an individual port or appropriate local government

15  having jurisdiction thereof, or collectively by interlocal

16  agreement among any of the ports, or used to purchase credit

17  support to permit such borrowings. However, such debt shall

18  not constitute a general obligation of the state. This state

19  does hereby covenant with holders of such revenue bonds or

20  other instruments of indebtedness issued hereunder that it

21  will not repeal or impair or amend this subsection in any

22  manner which will materially and adversely affect the rights

23  of holders so long as bonds authorized by this subsection are

24  outstanding. Any revenues that are not pledged to the

25  repayment of bonds as authorized by this section may be

26  utilized for purposes authorized under the Florida Seaport

27  Transportation and Economic Development Program. This revenue

28  source is in addition to any amounts provided for and

29  appropriated in accordance with s. 311.07 and subsection (3).

30  The Florida Seaport Transportation and Economic Development

31  Council shall submit to the Department of Transportation a

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 1  list of strategic transportation, economic development, and

 2  freight mobility projects that contribute to the economic

 3  growth of the state and approve distribution of funds to ports

 4  for projects that have been approved pursuant to s.

 5  311.09(5)-(9), or that have been approved for seaport

 6  intermodal access projects identified in the 5-year Florida

 7  Seaport Mission Plan as provided in s. 311.09(3) and mutually

 8  agreed upon by the FSTED Council and the Department of

 9  Transportation. The council and the Department of

10  Transportation shall mutually agree upon the prioritization

11  and selection of projects for funding.  The Department of

12  Transportation shall include the selected projects for funding

13  in the tentative work program developed pursuant to s.

14  339.135. All contracts for actual construction of projects

15  authorized by this subsection must include a provision

16  encouraging employment of participants in the welfare

17  transition program. The goal for employment of participants in

18  the welfare transition program is 25 percent of all new

19  employees employed specifically for the project, unless the

20  Department of Transportation and the Florida Seaport

21  Transportation and Economic Development Council demonstrate

22  that such a requirement would severely hamper the successful

23  completion of the project. In such an instance, Workforce

24  Florida, Inc., shall establish an appropriate percentage of

25  employees that must be participants in the welfare transition

26  program. The council and the Department of Transportation are

27  authorized to perform such acts as are required to facilitate

28  and implement the provisions of this subsection, including the

29  funding of approved projects by the use of other state funding

30  programs, local contributions from seaports, and the creative

31  use of federal funds. To better enable the ports to cooperate

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 1  to their mutual advantage, the governing body of each port may

 2  exercise powers provided to municipalities or counties in s.

 3  163.01(7)(d) subject to the provisions of chapter 311 and

 4  special acts, if any, pertaining to a port. The use of funds

 5  provided pursuant to this subsection is limited to eligible

 6  projects listed in this subsection. The provisions of s.

 7  311.07(4) do not apply to any funds received pursuant to this

 8  subsection. The revenues available under this subsection shall

 9  not be pledged to the payment of any bonds other than the

10  Florida Ports Financing Commission Series 1996 and Series 1999

11  Bonds currently outstanding; provided, however, such revenues

12  may be pledged to secure payment of refunding bonds to

13  refinance the Florida Ports Financing Commission Series 1996

14  and Series 1999 Bonds. No refunding bonds secured by revenues

15  available under this subsection may be issued with a final

16  maturity later than the final maturity of the Florida Ports

17  Financing Commission Series 1996 and Series 1999 Bonds or

18  which provide for higher debt service in any year than is

19  currently payable on such bonds. Any revenue bonds or other

20  indebtedness issued after July 1, 2000, including other than

21  refunding bonds, shall be issued by the Division of Bond

22  Finance at the request of the Department of Transportation

23  pursuant to the State Bond Act.

24         (5)  Notwithstanding any other provision of law except

25  subsections (1), (2), (3), and (4), on July 1, 2007, and

26  annually thereafter, $10 million shall be deposited in the

27  State Transportation Trust Fund solely to fund the Florida

28  Seaport Transportation and Economic Development Program as

29  provided in chapter 311 and to fund seaport intermodal access

30  projects of statewide significance as provided in s. 341.053.

31  

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 1  Such revenues shall be distributed to any port listed in s.

 2  311.09(1), to be used for funding projects as follows:

 3         (a)  For any seaport intermodal access projects that

 4  are identified in the Tentative Work Program of the Department

 5  of Transportation for the 2007-2008 to 2011-2012 fiscal years,

 6  up to the amounts needed to offset the funding requirements of

 7  this section.

 8         (b)  For seaport intermodal access projects as

 9  described in s. 341.053(5) which are identified in the 5-year

10  Florida Seaport Mission Plan as provided in s. 311.09(3),

11  funding shall require at least a 25-percent match of the funds

12  received pursuant to this subsection. Matching funds shall

13  come from any port funds, federal funds, local funds, or

14  private funds.

15         (c)  For seaport projects as described in s.

16  311.07(3)(b), funds shall be provided on a 50-50 matching

17  basis.

18         (d)  For seaport intermodal access projects that

19  involve the dredging or deepening of channels, turning basins,

20  or harbors, or the construction or rehabilitation of wharves,

21  docks, or similar structures, funding shall require at least a

22  25-percent match of the funds received pursuant to this

23  subsection. Matching funds shall come from any port funds,

24  federal funds, local funds, or private funds.

25  

26  Such revenues may be assigned, pledged, or set aside as a

27  trust for the payment of principal or interest on bonds, tax

28  anticipation certificates, or any other form of indebtedness

29  issued by the Division of Bond Finance at the request of the

30  Department of Transportation pursuant to the State Bond Act.

31  However, such debt does not constitute a general obligation of

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 1  the state. This state covenants with holders of such revenue

 2  bonds or other instruments of indebtedness issued under this

 3  subsection that it will not repeal or impair or amend this

 4  subsection in any manner that will materially and adversely

 5  affect the rights of holders so long as bonds authorized by

 6  this subsection are outstanding. Any revenues that are not

 7  pledged to the repayment of bonds as authorized by this

 8  subsection may be used for purposes authorized under the

 9  Florida Seaport Transportation and Economic Development

10  Program. This revenue source is in addition to any amounts

11  provided for and appropriated in accordance with s. 311.07 and

12  subsections (3) and (4). The Florida Seaport Transportation

13  and Economic Development Council shall submit to the

14  Department of Transportation a list of strategic

15  transportation, economic development, and freight mobility

16  projects that contribute to the economic growth of the state

17  and that have been approved pursuant to s. 311.09(5)-(9), or

18  that have been approved for seaport intermodal access projects

19  identified in the 5-year Florida Seaport Mission Plan as

20  provided in s. 311.09(3). The council and the Department of

21  Transportation shall mutually agree upon the prioritization

22  and selection of projects for funding. The Department of

23  Transportation shall include the selected projects for funding

24  in the tentative work program developed pursuant to s.

25  339.135. The council and the Department of Transportation may

26  perform such acts as are required to facilitate and implement

27  this subsection, including the funding of approved projects by

28  the use of other state funding programs, local contributions

29  from seaports, and the creative use of federal funds. To

30  better enable the ports to cooperate to their mutual

31  advantage, the governing body of each port may exercise powers

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 1  provided to municipalities or counties in s. 163.01(7)(d),

 2  subject to chapter 311 and any special acts pertaining to the

 3  port. The use of funds provided under this subsection is

 4  limited to eligible projects listed in this subsection.

 5  Section 311.07(4) does not apply to any funds received

 6  pursuant to this subsection. The Florida Ports Financing

 7  Commission shall cause any revenue bonds or other indebtedness

 8  issued pursuant to this subsection to be issued in a manner

 9  that ensures that the greatest amount of revenue is available

10  for eligible port projects. The commission shall consult with

11  the Division of Bond Finance relating to the issuance of any

12  revenue bonds.

13         (6)(a)(5)(a)  Except as provided in paragraph (c), the

14  remainder of such revenues must be deposited in the State

15  Transportation Trust Fund.

16         (b)  The Chief Financial Officer each month shall

17  deposit in the State Transportation Trust Fund an amount,

18  drawn from other funds in the State Treasury which are not

19  immediately needed or are otherwise in excess of the amount

20  necessary to meet the requirements of the State Treasury,

21  which when added to such remaining revenues each month will

22  equal one-twelfth of the amount of the anticipated annual

23  revenues to be deposited in the State Transportation Trust

24  Fund under paragraph (a) as determined by the Chief Financial

25  Officer after consultation with the revenue estimating

26  conference held pursuant to s. 216.136(3). The transfers

27  required hereunder may be suspended by action of the

28  Legislative Budget Commission in the event of a significant

29  shortfall of state revenues.

30         (c)  In any month in which the remaining revenues

31  derived from the registration of motor vehicles exceed

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 1  one-twelfth of those anticipated annual remaining revenues as

 2  determined by the Chief Financial Officer after consultation

 3  with the revenue estimating conference, the excess shall be

 4  credited to those state funds in the State Treasury from which

 5  the amount was originally drawn, up to the amount which was

 6  deposited in the State Transportation Trust Fund under

 7  paragraph (b). A final adjustment must be made in the last

 8  months of a fiscal year so that the total revenue deposited in

 9  the State Transportation Trust Fund each year equals the

10  amount derived from the registration of motor vehicles, less

11  the amount distributed under subsection (1). For the purposes

12  of this paragraph and paragraph (b), the term "remaining

13  revenues" means all revenues deposited into the State

14  Transportation Trust Fund under paragraph (a) and subsections

15  (2) and (3). In order that interest earnings continue to

16  accrue to the General Revenue Fund, the Department of

17  Transportation may not invest an amount equal to the

18  cumulative amount of funds deposited in the State

19  Transportation Trust Fund under paragraph (b) less funds

20  credited under this paragraph as computed on a monthly basis.

21  The amounts to be credited under this and the preceding

22  paragraph must be calculated and certified to the Chief

23  Financial Officer by the Executive Office of the Governor.

24         Section 3.  This act shall take effect July 1, 2007.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Modifies the funding for certain dredging projects in
      specified counties. Revises the distribution of certain
 4    license tax moneys used for certain seaport intermodal
      access projects. Requires the Florida Seaport
 5    Transportation and Economic Development Council to submit
      a list of certain projects to the Department of
 6    Transportation and requires that both entities select
      projects for funding. Provides for the issuance of
 7    refunding bonds by the Division of Bond Finance. Provides
      for funding the construction of wharves and docks.
 8    Provides funding for the Florida Seaport Transportation
      and Economic Development Program and certain seaport,
 9    intermodal access projects. Provides for the distribution
      of revenue for such projects.
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