Senate Bill sb0432c2

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    Florida Senate - 2007                     CS for CS for SB 432

    By the Committees on Transportation and Economic Development
    Appropriations; Commerce; and Senators King and Lynn




    606-2645-07

  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         prescribing when certain funds will become

  6         subject to appropriation; revising the

  7         distribution of license tax moneys deposited in

  8         the State Transportation Trust Fund for the

  9         funding of the Florida Seaport Transportation

10         and Economic Development Program and certain

11         seaport intermodal access projects; requiring

12         the Florida Seaport Transportation and Economic

13         Development Council to submit a list of certain

14         freight mobility projects to the Department of

15         Transportation; requiring that the council and

16         the department agree upon the projects selected

17         for funding; requiring the department to

18         include the selected projects for funding in

19         the tentative work program; providing that

20         specified bonds shall be issued by the Division

21         of Bond Finance at the request of the

22         department; providing for funding the

23         construction of wharves and docks; creating s.

24         311.23, F.S.; creating the Florida Seaport

25         Finance Corporation; providing for membership

26         of its board of directors; providing its powers

27         and duties; authorizing the issuance and

28         validation of bonds; exempting the corporation

29         from taxation; declaring that the corporation

30         is not a special district; authorizing

31         interlocal agreements; exempting board members

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 1         and employees of the corporation from liability

 2         for certain acts; providing that this act does

 3         not affect the validity of specified Florida

 4         Ports Financing Commission bonds; providing an

 5         effective date.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Subsection (1) of section 311.22, Florida

10  Statutes, is amended to read:

11         311.22  Additional authorization for funding certain

12  dredging projects.--

13         (1)  The Florida Seaport Transportation and Economic

14  Development Council shall establish a program to fund dredging

15  projects in counties having a population of fewer than 300,000

16  according to the last official census. Funds made available

17  under this program may be used to fund approved projects for

18  the dredging or deepening of channels, turning basins, or

19  harbors on a 25-percent local 50-50 matching basis with any

20  port authority, as such term is defined in s. 315.02(2), which

21  complies with the permitting requirements in part IV of

22  chapter 373 and the local financial management and reporting

23  provisions of part III of chapter 218.

24         Section 2.  Section 320.20, Florida Statutes, is

25  amended to read:

26         320.20  Disposition of license tax moneys.--The revenue

27  derived from the registration of motor vehicles, including any

28  delinquent fees and excluding those revenues collected and

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

30  distributed monthly, as collected, as follows:

31  

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

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

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

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

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

 6  Outlay and Debt Service School Trust Fund.

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

 8  revenues must be deposited in the State Transportation Trust

 9  Fund, with priority use assigned to completion of the

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

11  utilized for general transportation purposes, consistent with

12  the Department of Transportation's legislatively approved

13  objectives.

14         (3)  Notwithstanding any other provision of law except

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

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

17  Transportation Trust Fund solely for the purposes of funding

18  the Florida Seaport Transportation and Economic Development

19  Program as provided for in chapter 311. Upon the issuance of

20  bonds pursuant to s. 311.23 which legally defease all

21  outstanding Florida Ports Financing Commission Series 1996 and

22  1999 Bonds, such deposit shall be subject to appropriation.

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

24  311.09(1), to be used for funding projects as follows:

25         (a)  For any seaport intermodal access projects that

26  are identified in the tentative work program of the Department

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

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

29  this section.

30         (b)  For seaport intermodal access projects as

31  described in s. 341.053(6) which are identified in the 5-year

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

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

 3  received pursuant to this subsection. Matching funds shall

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

 5  private funds.

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

 7  311.07(3)(b), funds shall be provided on a 50-50 matching

 8  basis.

 9         (d)  For seaport intermodal access projects that

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

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

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

13  25-percent match of the funds received pursuant to this

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

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

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

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

18  

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

20  trust for the payment of principal or interest on bonds issued

21  pursuant to s. 311.23, tax anticipation certificates, or any

22  other form of indebtedness issued by an individual port or

23  appropriate local government having jurisdiction thereof, or

24  collectively by interlocal agreement among any of the ports,

25  or used to purchase credit support to permit such borrowings.

26  However, such debt shall not constitute a general obligation

27  of the State of Florida. The state does hereby covenant with

28  holders of such revenue bonds or other instruments of

29  indebtedness issued hereunder that it will not repeal or

30  impair or amend in any manner which will materially and

31  adversely affect the rights of such holders so long as bonds

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 1  authorized by this section are outstanding.  Any revenues

 2  which are not pledged to the repayment of bonds as authorized

 3  by this section may be utilized for purposes authorized under

 4  the Florida Seaport Transportation and Economic Development

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

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

 7  The Florida Seaport Transportation and Economic Development

 8  Council shall submit to the Department of Transportation a

 9  list of strategic transportation, economic development, and

10  freight mobility projects that contribute to the economic

11  growth of the state and that approve distribution of funds to

12  ports for projects which have been approved pursuant to s.

13  311.09(5)-(9). The council and the Department of

14  Transportation shall mutually agree upon the prioritization

15  and selection of projects for funding. The Department of

16  Transportation shall include the selected projects for funding

17  in the tentative work program developed pursuant to s.

18  339.135. The council and the Department of Transportation are

19  authorized to perform such acts as are required to facilitate

20  and implement the provisions of this subsection, including the

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

22  programs, local contributions from seaports, and the creative

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

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

25  exercise powers provided to municipalities or counties in s.

26  163.01(7)(d) subject to the provisions of chapter 311 and

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

28  provided pursuant to this subsection are limited to eligible

29  projects listed in this subsection.  Income derived from a

30  project completed with the use of program funds, beyond

31  operating costs and debt service, shall be restricted to

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 1  further port capital improvements consistent with maritime

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

 3  nonmaritime purposes is prohibited. The provisions of s.

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

 5  subsection. The revenues available under this subsection shall

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

 7  Florida Ports Financing Commission Series 1996 and Series 1999

 8  Bonds currently outstanding; provided, however, such revenues

 9  may be pledged to secure payment of refunding bonds to

10  refinance the Florida Ports Financing Commission Series 1996

11  and Series 1999 Bonds. The Department of Transportation is

12  authorized, pursuant to s. 311.23, to request the issuance of

13  bonds pledging the revenues provided in this subsection and

14  subsection (4), including bonds issued to refund the Florida

15  Ports Financing Commission Series 1996 and Series 1999 Bonds.

16  All bonds issued pursuant to this subsection shall mature not

17  later than June 1, 2037. No refunding bonds secured by

18  revenues available under this subsection may be issued with a

19  final maturity later than the final maturity of the Florida

20  Ports Financing Commission Series 1996 and Series 1999 Bonds

21  or which provide for higher debt service in any year than is

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

23  indebtedness issued after July 1, 2000, other than refunding

24  bonds shall be issued by the Division of Bond Finance at the

25  request of the Department of Transportation pursuant to the

26  State Bond Act.

27         (4)  Notwithstanding any other provision of law except

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

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

30  Transportation Trust Fund solely for the purposes of funding

31  the Florida Seaport Transportation and Economic Development

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 1  Program as provided in chapter 311 and for funding seaport

 2  intermodal access projects of statewide significance as

 3  provided in s. 341.053. Upon the issuance of bonds pursuant to

 4  s. 311.23 which legally defease all outstanding Florida Ports

 5  Financing Commission Series 1996 and 1999 Bonds, such deposit

 6  shall be subject to appropriation. Such revenues shall be

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

 8  funding projects as follows:

 9         (a)  For any seaport intermodal access projects that

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

11  Department of Transportation, up to the amounts needed to

12  offset the funding requirements of this section.

13         (b)  For seaport intermodal access projects as

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

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

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

17  mutually determined by the Florida Seaport Transportation and

18  Economic Development Council and the Department of

19  Transportation, provided a minimum of 25 percent of total

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

21  private funds, or specifically earmarked federal funds.

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

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

24         (d)  For seaport intermodal access projects that

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

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

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

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

29  this subsection. Matching funds shall come from any port

30  funds, federal funds, local funds, or private funds.

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 issued

 3  pursuant to s. 311.23, tax anticipation certificates, or any

 4  other form of indebtedness issued by an individual port or

 5  appropriate local government having jurisdiction thereof, or

 6  collectively by interlocal agreement among any of the ports,

 7  or used to purchase credit support to permit such borrowings.

 8  However, such debt shall not constitute a general obligation

 9  of the state. This state does hereby covenant with holders of

10  such revenue bonds or other instruments of indebtedness issued

11  hereunder that it will not repeal or impair or amend this

12  subsection in any manner which will materially and adversely

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

14  this subsection are outstanding. Any revenues that are not

15  pledged to the repayment of bonds as authorized by this

16  section may be utilized for purposes authorized under the

17  Florida Seaport Transportation and Economic Development

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

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

20  subsection (3). The Florida Seaport Transportation and

21  Economic Development Council shall submit to the Department of

22  Transportation a list of strategic transportation, economic

23  development, and freight mobility projects that contribute to

24  the economic growth of the state and approve distribution of

25  funds to ports for projects that have been approved pursuant

26  to s. 311.09(5)-(9), or that have been approved for seaport

27  intermodal access projects identified in the 5-year Florida

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

29  agreed upon by the FSTED Council and the Department of

30  Transportation. The council and the Department of

31  Transportation shall mutually agree upon the prioritization

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 1  and selection of projects for funding.  The Department of

 2  Transportation shall include the selected projects for funding

 3  in the tentative work program developed pursuant to s.

 4  339.135. All contracts for actual construction of projects

 5  authorized by this subsection must include a provision

 6  encouraging employment of participants in the welfare

 7  transition program. The goal for employment of participants in

 8  the welfare transition program is 25 percent of all new

 9  employees employed specifically for the project, unless the

10  Department of Transportation and the Florida Seaport

11  Transportation and Economic Development Council demonstrate

12  that such a requirement would severely hamper the successful

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

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

15  employees that must be participants in the welfare transition

16  program. The council and the Department of Transportation are

17  authorized to perform such acts as are required to facilitate

18  and implement the provisions of this subsection, including the

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

20  programs, local contributions from seaports, and the creative

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

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

23  exercise powers provided to municipalities or counties in s.

24  163.01(7)(d) subject to the provisions of chapter 311 and

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

26  provided pursuant to this subsection is limited to eligible

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

28  311.07(4) do not apply to any funds received pursuant to this

29  subsection. The revenues available under this subsection shall

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

31  Florida Ports Financing Commission Series 1996 and Series 1999

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 1  Bonds currently outstanding; provided, however, such revenues

 2  may be pledged to secure payment of refunding bonds to

 3  refinance the Florida Ports Financing Commission Series 1996

 4  and Series 1999 Bonds. The Department of Transportation is

 5  authorized, pursuant to s. 311.23, to request the issuance of

 6  bonds pledging the revenues provided in subsection (3) and

 7  this subsection, including bonds issued to refund the Florida

 8  Ports Financing Commission Series 1996 and Series 1999 Bonds.

 9  All bonds issued pursuant to this subsection shall mature not

10  later than June 1, 2037. No refunding bonds secured by

11  revenues available under this subsection may be issued with a

12  final maturity later than the final maturity of the Florida

13  Ports Financing Commission Series 1996 and Series 1999 Bonds

14  or which provide for higher debt service in any year than is

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

16  indebtedness issued after July 1, 2000, other than refunding

17  bonds shall be issued by the Division of Bond Finance at the

18  request of the Department of Transportation pursuant to the

19  State Bond Act.

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

21  remainder of such revenues must be deposited in the State

22  Transportation Trust Fund.

23         (b)  The Chief Financial Officer each month shall

24  deposit in the State Transportation Trust Fund an amount,

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

26  immediately needed or are otherwise in excess of the amount

27  necessary to meet the requirements of the State Treasury,

28  which when added to such remaining revenues each month will

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

30  revenues to be deposited in the State Transportation Trust

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

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 1  Officer after consultation with the revenue estimating

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

 3  required hereunder may be suspended by action of the

 4  Legislative Budget Commission in the event of a significant

 5  shortfall of state revenues.

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

 7  derived from the registration of motor vehicles exceed

 8  one-twelfth of those anticipated annual remaining revenues as

 9  determined by the Chief Financial Officer after consultation

10  with the revenue estimating conference, the excess shall be

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

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

13  deposited in the State Transportation Trust Fund under

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

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

16  the State Transportation Trust Fund each year equals the

17  amount derived from the registration of motor vehicles, less

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

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

20  revenues" means all revenues deposited into the State

21  Transportation Trust Fund under paragraph (a) and subsections

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

23  accrue to the General Revenue Fund, the Department of

24  Transportation may not invest an amount equal to the

25  cumulative amount of funds deposited in the State

26  Transportation Trust Fund under paragraph (b) less funds

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

28  The amounts to be credited under this and the preceding

29  paragraph must be calculated and certified to the Chief

30  Financial Officer by the Executive Office of the Governor.

31  

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 1         Section 3.  Section 311.23, Florida Statutes, is

 2  created to read:

 3         311.23 Florida Seaport Finance Corporation.--

 4         (1)(a)  There is created a public benefits corporation,

 5  which is an instrumentality of the state, to be known as the

 6  Florida Seaport Finance Corporation.

 7         (b)  The corporation shall operate under a five-member

 8  board of directors consisting of the Governor or a designee,

 9  the Chief Financial Officer or a designee, the Attorney

10  General or a designee, the Director of the Division of Bond

11  Finance of the State Board of Administration, and the

12  Secretary of the Department of Transportation. The Director of

13  the Division of Bond Finance shall be the chief executive

14  officer of the corporation, shall direct and supervise the

15  administrative affairs of the corporation and shall control,

16  direct, and supervise the operation of the corporation. The

17  corporation shall also have such other officers as are

18  determined by the board of directors.

19         (2)  The corporation shall have all the powers of a

20  corporate body under the laws of the state, including, but not

21  limited to, chapters 607 and 617, to the extent not

22  inconsistent with or restricted by the provisions of this

23  section, including, but not limited to, the power to:

24         (a)  Adopt, amend, and repeal bylaws not inconsistent

25  with this section.

26         (b)  Sue and be sued.

27         (c)  Adopt and use a common seal.

28         (d)  Acquire, purchase, hold, lease, and convey such

29  real and personal property as is proper or expedient to carry

30  out the purposes of the corporation and this section, and to

31  sell, lease, or otherwise dispose of such property.

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 1         (e)  Elect or appoint and employ such officers, agents,

 2  and employees as the corporation deems advisable to operate

 3  and manage the affairs of the corporation, which officers,

 4  agents, and employees may be officers or employees of the

 5  Department of Transportation and the state agencies

 6  represented on the board of directors of the corporation.

 7         (f)  At the request of the Department of

 8  Transportation, issue bonds necessary for the purpose of

 9  financing or refinancing fixed capital outlay seaport projects

10  as provided in s. 320.20(3) and (4).

11         (g)  Make and execute any and all contracts, trust

12  agreements, and other instruments and agreements necessary or

13  convenient to accomplish the purposes of the corporation and

14  this section.

15         (h)  Select, retain, and employ professionals,

16  contractors, or agents, which may include the Division of Bond

17  Finance, as shall be necessary or convenient to enable or

18  assist the corporation in carrying out the purposes of the

19  corporation and this section.

20         (i)  Do any act or thing necessary or convenient to

21  carry out the purposes of the corporation and this section and

22  the powers provided in this section.

23         (3)  The corporation is authorized to enter into one or

24  more contracts with the Department of Transportation pursuant

25  to which the corporation shall finance or refinance fixed

26  capital outlay seaport projects as provided in s. 320.20(3)

27  and (4).  The Department of Transportation may enter into one

28  or more such contracts with the corporation and provide for

29  payments under such contracts pursuant s. 320.20(3) and (4),

30  subject to annual appropriation by the Legislature. The

31  proceeds from such contracts may be used for the costs and

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 1  expenses of administration of the corporation after payments

 2  as set forth in subsection (3). In compliance with provisions

 3  of s. 287.0641 and other applicable provisions of law, the

 4  obligations of the Department of Transportation under such

 5  contracts shall not constitute a general obligation of the

 6  state or a pledge of the faith and credit or taxing power of

 7  the state, nor shall such obligations be construed in any

 8  manner as an obligation of the State Board of Administration

 9  or the Department of Transportation, except as provided in

10  this section, but shall be payable solely from amounts

11  received pursuant to s. 320.20(3) and (4), subject to annual

12  appropriation by the Legislature. In compliance with this

13  subsection and s. 287.0582, the contract shall expressly

14  include the following statement: "The State of Florida's

15  performance and obligation to pay under this contract is

16  contingent upon an annual appropriation by the Legislature."

17         (4)  The corporation may issue bonds payable from and

18  secured by amounts payable to the corporation by the

19  Department of Transportation under a contract entered into

20  pursuant to subsection (3) for the purpose of financing or

21  refinancing fixed capital outlay seaport projects as provided

22  in s. 320.20 (3) and (4). Any such indebtedness of the

23  corporation shall not constitute a debt or obligation of the

24  state or a pledge of the faith and credit or taxing power of

25  the state, but shall be payable from and secured by payments

26  made by the Department of Transportation under the contract.

27  Bonds issued pursuant to this section are payable from, and

28  secured by a first lien on, funds available pursuant to s.

29  320.20 (3) and (4), subject to annual appropriation. The bonds

30  shall be subject to the provisions of s. 320.20 (3) and (4).

31  Such funds may be assigned and pledged as security and

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 1  deposited in trust with the State Board of Administration

 2  pursuant to the terms of an agreement entered into among the

 3  Department of Transportation, the Division of Bond Finance,

 4  and the State Board of Administration.

 5         (5)  The fulfillment of the purposes of the corporation

 6  promotes the health, safety, and general welfare of the people

 7  of the state and serves as essential governmental functions

 8  and a paramount public purpose.

 9         (6)  The corporation is exempt from taxation and

10  assessments of any nature whatsoever upon its income and any

11  property, assets, or revenues acquired, received, or used in

12  the furtherance of the purposes provided in this chapter. The

13  bonds of the corporation incurred pursuant to subsection (4)

14  and the interest and income thereon and all security

15  agreements, letters of credit, liquidity facilities, or other

16  obligations or instruments arising out of, entered into in

17  connection therewith, or given to secure payment thereof are

18  exempt from all taxation, provided such exemption does not

19  apply to any tax imposed by chapter 220 on the interest,

20  income, or profits on debt obligations owned by corporations.

21         (7)  The corporation may validate bonds issued pursuant

22  to this section and the validity and enforceability of any

23  contracts providing for payments pledged to the payment

24  thereof by proceedings under chapter 75. The validation

25  complaint shall be filed only in the Circuit Court for Leon

26  County. The notice required to be published by s. 75.06 shall

27  be published in Leon County, and the complaint and order of

28  the circuit court shall be served only on the State Attorney

29  for the Second Judicial Circuit. Sections 75.04(2) and

30  75.06(2) shall not apply to a complaint for validation filed

31  

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 1  as authorized in this subsection. The first bonds issued

 2  pursuant to this section shall be validated.

 3         (8)  The corporation shall not be deemed to be a

 4  special district for purposes of chapter 189 or a unit of

 5  local government for purposes of part III of chapter 218. The

 6  provisions of chapters 120 and 215, except the limitation on

 7  interest rates provided by s. 215.84 which applies to

 8  obligations of the corporation issued pursuant to this

 9  section, and part I of chapter 287, except ss. 287.0582 and

10  287.0641, shall not apply to this section, the corporation

11  created hereby, the contracts entered into pursuant to this

12  section, or to bonds issued by the corporation as contemplated

13  in this section.

14         (9)  In no event shall any of the benefits or earnings

15  of the corporation inure to the benefit of any private person.

16         (10)  Upon dissolution of the corporation, title to all

17  property owned by the corporation shall revert to the state.

18         (11)  The corporation may contract with the State Board

19  of Administration to serve as trustee with respect to bonds

20  issued by the corporation as contemplated by this section and

21  to hold, administer, and invest proceeds of such bonds and

22  other funds of the corporation and to perform other services

23  required by the corporation. The State Board of Administration

24  may perform such services and may contract with others to

25  provide all or a part of such services and to recover its and

26  such other costs and expenses thereof.

27         (12)  The Department of Transportation and any

28  participating port that is governed by a public body, local

29  governments, or local governments collectively by interlocal

30  agreement having jurisdiction of a seaport project may enter

31  into an interlocal agreement with the Department of

                                  16

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    Florida Senate - 2007                     CS for CS for SB 432
    606-2645-07




 1  Transportation to promote the efficient and cost-effective

 2  financing or refinancing of approved projects pursuant to this

 3  section. The terms of such interlocal agreements shall include

 4  provisions for the Department of Transportation to request the

 5  issuance by the corporation of the bonds on behalf of the

 6  ports or local governments described above; may provide that

 7  each party to the agreement is contractually liable for a

 8  share of funding an amount equal to the debt service

 9  requirements of such bonds; and shall include any other terms,

10  provisions, or covenants necessary to the making of and full

11  performance under such interlocal agreement. Repayments made

12  to the Department of Transportation under any interlocal

13  agreement are not pledged to the repayment of bonds issued

14  hereunder, and failure of the local governmental authority to

15  make such payment shall not affect the obligation of the

16  Department of Transportation to make payment on any contract

17  with the corporation.

18         (13)  There shall be no liability on the part of, and

19  no cause of action shall arise against, any board members or

20  employees of the corporation for any actions taken by them in

21  the performance of their duties under this paragraph.

22         Section 4.  This act shall not effect the validity of

23  the Florida Ports Financing Commission Series 1996 and 1999

24  Bonds.

25         Section 5.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                     CS for CS for SB 432
    606-2645-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 432

 3                                 

 4  The committee substitute creates the Florida Seaport Financing
    Corporation which would operate under a five member board of
 5  directors consisting of the Governor, Chief Financial Officer,
    and the Attorney General, Director of the Division of Bond
 6  Finance of the State Board of Administration, and the
    Secretary of the Department of Transportation.  The bill
 7  authorizes the Florida Seaport Financing Corporation to issue
    bonds at the request of the Department of Transportation for
 8  the financing or refinancing of port improvements. The bonds
    would be required to mature by 2037, allowing an extension of
 9  the State's $25 million annual commitment to the existing
    bonds which mature in 2027 and 2030, respectively.
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CODING: Words stricken are deletions; words underlined are additions.