1 | Representative(s) Seiler offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (075339) (with title |
4 | amendment) |
5 | Between lines 1393 and 1394, insert: |
6 | Section 18. Subsection (1) of section 311.22, Florida |
7 | Statutes, is amended to read: |
8 | 311.22 Additional authorization for funding certain |
9 | dredging projects.-- |
10 | (1) The Florida Seaport Transportation and Economic |
11 | Development Council shall establish a program to fund dredging |
12 | projects in counties having a population of fewer than 300,000 |
13 | according to the last official census. Funds made available |
14 | under this program may be used to fund approved projects for the |
15 | dredging or deepening of channels, turning basins, or harbors on |
16 | a 25-percent local 50-50 matching basis with any port authority, |
17 | as such term is defined in s. 315.02(2), which complies with the |
18 | permitting requirements in part IV of chapter 373 and the local |
19 | financial management and reporting provisions of part III of |
20 | chapter 218. |
21 | Section 19. Section 320.20, Florida Statutes, is amended |
22 | to read: |
23 | 320.20 Disposition of license tax moneys.--The revenue |
24 | derived from the registration of motor vehicles, including any |
25 | delinquent fees and excluding those revenues collected and |
26 | distributed under the provisions of s. 320.081, must be |
27 | distributed monthly, as collected, as follows: |
28 | (1) The first proceeds, to the extent necessary to comply |
29 | with the provisions of s. 18, Art. XII of the State Constitution |
30 | of 1885, as adopted by s. 9(d), Art. XII, 1968 revised |
31 | constitution, and the additional provisions of s. 9(d) and s. |
32 | 1010.57, must be deposited in the district Capital Outlay and |
33 | Debt Service School Trust Fund. |
34 | (2) Twenty-five million dollars per year of such revenues |
35 | must be deposited in the State Transportation Trust Fund, with |
36 | priority use assigned to completion of the interstate highway |
37 | system. However, any excess funds may be utilized for general |
38 | transportation purposes, consistent with the Department of |
39 | Transportation's legislatively approved objectives. |
40 | (3) Notwithstanding any other provision of law except |
41 | subsections (1) and (2), on July 1, 1996, and annually |
42 | thereafter, $15 million shall be deposited in the State |
43 | Transportation Trust Fund solely for the purposes of funding the |
44 | Florida Seaport Transportation and Economic Development Program |
45 | as provided for in chapter 311. Upon the issuance of bonds |
46 | pursuant to s. 311.23 which legally defease all outstanding |
47 | Florida Ports Financing Commission Series 1996 and 1999 Bonds, |
48 | such deposit shall be subject to appropriation. Such revenues |
49 | shall be distributed to any port listed in s. 311.09(1), to be |
50 | used for funding projects as follows: |
51 | (a) For any seaport intermodal access projects that are |
52 | identified in the tentative work program of the Department of |
53 | Transportation for the 2007-2008 to 2011-2012 fiscal years, up |
54 | to the amounts needed to offset the funding requirements of this |
55 | section. |
56 | (b) For seaport intermodal access projects as described in |
57 | s. 341.053(6) which are identified in the 5-year Florida Seaport |
58 | Mission Plan as provided in s. 311.09(3), funding shall require |
59 | at least a 25-percent match of the funds received pursuant to |
60 | this subsection. Matching funds shall come from any port funds, |
61 | federal funds, local funds, or private funds. |
62 | (c) For seaport projects as described in s. 311.07(3)(b), |
63 | funds shall be provided on a 50-50 matching basis. |
64 | (d) For seaport intermodal access projects that involve |
65 | the dredging or deepening of channels, turning basins, or |
66 | harbors, or the construction or rehabilitation of wharves, |
67 | docks, or similar structures, funding shall require at least a |
68 | 25-percent match of the funds received pursuant to this |
69 | subsection. Matching funds shall come from any port funds, |
70 | federal funds, local funds, or private funds. on a 50-50 |
71 | matching basis to any port listed in s. 311.09(1) to be used for |
72 | funding projects as described in s. 311.07(3)(b). |
73 |
|
74 | Such revenues may be assigned, pledged, or set aside as a trust |
75 | for the payment of principal or interest on bonds issued |
76 | pursuant to s. 311.23, tax anticipation certificates, or any |
77 | other form of indebtedness issued by an individual port or |
78 | appropriate local government having jurisdiction thereof, or |
79 | collectively by interlocal agreement among any of the ports, or |
80 | used to purchase credit support to permit such borrowings. |
81 | However, such debt shall not constitute a general obligation of |
82 | the State of Florida. The state does hereby covenant with |
83 | holders of such revenue bonds or other instruments of |
84 | indebtedness issued hereunder that it will not repeal or impair |
85 | or amend in any manner which will materially and adversely |
86 | affect the rights of such holders so long as bonds authorized by |
87 | this section are outstanding. Any revenues which are not |
88 | pledged to the repayment of bonds as authorized by this section |
89 | may be utilized for purposes authorized under the Florida |
90 | Seaport Transportation and Economic Development Program. This |
91 | revenue source is in addition to any amounts provided for and |
92 | appropriated in accordance with s. 311.07. The Florida Seaport |
93 | Transportation and Economic Development Council shall submit to |
94 | the Department of Transportation a list of strategic |
95 | transportation, economic development, and freight mobility |
96 | projects that contribute to the economic growth of the state and |
97 | that approve distribution of funds to ports for projects which |
98 | have been approved pursuant to s. 311.09(5)-(9). The council and |
99 | the Department of Transportation shall mutually agree upon the |
100 | prioritization and selection of projects for funding. The |
101 | Department of Transportation shall include the selected projects |
102 | for funding in the tentative work program developed pursuant to |
103 | s. 339.135. The council and the Department of Transportation are |
104 | authorized to perform such acts as are required to facilitate |
105 | and implement the provisions of this subsection, including the |
106 | funding of approved projects by the use of other state funding |
107 | programs, local contributions from seaports, and the creative |
108 | use of federal funds. To better enable the ports to cooperate to |
109 | their mutual advantage, the governing body of each port may |
110 | exercise powers provided to municipalities or counties in s. |
111 | 163.01(7)(d) subject to the provisions of chapter 311 and |
112 | special acts, if any, pertaining to a port. The use of funds |
113 | provided pursuant to this subsection are limited to eligible |
114 | projects listed in this subsection. Income derived from a |
115 | project completed with the use of program funds, beyond |
116 | operating costs and debt service, shall be restricted to further |
117 | port capital improvements consistent with maritime purposes and |
118 | for no other purpose. Use of such income for nonmaritime |
119 | purposes is prohibited. The provisions of s. 311.07(4) do not |
120 | apply to any funds received pursuant to this subsection. The |
121 | revenues available under this subsection shall not be pledged to |
122 | the payment of any bonds other than the Florida Ports Financing |
123 | Commission Series 1996 and Series 1999 Bonds currently |
124 | outstanding; provided, however, such revenues may be pledged to |
125 | secure payment of refunding bonds to refinance the Florida Ports |
126 | Financing Commission Series 1996 and Series 1999 Bonds. The |
127 | Department of Transportation is authorized, pursuant to s. |
128 | 311.23, to request the issuance of bonds pledging the revenues |
129 | provided in this subsection and subsection (4), including bonds |
130 | issued to refund the Florida Ports Financing Commission Series |
131 | 1996 and Series 1999 Bonds. All bonds issued pursuant to this |
132 | subsection shall mature not later than June 1, 2037. No |
133 | refunding bonds secured by revenues available under this |
134 | subsection may be issued with a final maturity later than the |
135 | final maturity of the Florida Ports Financing Commission Series |
136 | 1996 and Series 1999 Bonds or which provide for higher debt |
137 | service in any year than is currently payable on such bonds. Any |
138 | revenue bonds or other indebtedness issued after July 1, 2000, |
139 | other than refunding bonds shall be issued by the Division of |
140 | Bond Finance at the request of the Department of Transportation |
141 | pursuant to the State Bond Act. |
142 | (4) Notwithstanding any other provision of law except |
143 | subsections (1), (2), and (3), on July 1, 1999, and annually |
144 | thereafter, $10 million shall be deposited in the State |
145 | Transportation Trust Fund solely for the purposes of funding the |
146 | Florida Seaport Transportation and Economic Development Program |
147 | as provided in chapter 311 and for funding seaport intermodal |
148 | access projects of statewide significance as provided in s. |
149 | 341.053. Upon the issuance of bonds pursuant to s. 311.23 which |
150 | legally defease all outstanding Florida Ports Financing |
151 | Commission Series 1996 and 1999 Bonds, such deposit shall be |
152 | subject to appropriation. Such revenues shall be distributed to |
153 | any port listed in s. 311.09(1), to be used for funding projects |
154 | as follows: |
155 | (a) For any seaport intermodal access projects that are |
156 | identified in the 1997-1998 Tentative Work Program of the |
157 | Department of Transportation, up to the amounts needed to offset |
158 | the funding requirements of this section. |
159 | (b) For seaport intermodal access projects as described in |
160 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
161 | Mission Plan as provided in s. 311.09(3). Funding for such |
162 | projects shall be on a matching basis as mutually determined by |
163 | the Florida Seaport Transportation and Economic Development |
164 | Council and the Department of Transportation, provided a minimum |
165 | of 25 percent of total project funds shall come from any port |
166 | funds, local funds, private funds, or specifically earmarked |
167 | federal funds. |
168 | (c) On a 50-50 matching basis for projects as described in |
169 | s. 311.07(3)(b). |
170 | (d) For seaport intermodal access projects that involve |
171 | the dredging or deepening of channels, turning basins, or |
172 | harbors,; or the construction or rehabilitation of wharves, |
173 | docks, or similar structures. Funding for such projects shall |
174 | require a 25-percent 25 percent match of the funds received |
175 | pursuant to this subsection. Matching funds shall come from any |
176 | port funds, federal funds, local funds, or private funds. |
177 |
|
178 | Such revenues may be assigned, pledged, or set aside as a trust |
179 | for the payment of principal or interest on bonds issued |
180 | pursuant to s. 311.23, tax anticipation certificates, or any |
181 | other form of indebtedness issued by an individual port or |
182 | appropriate local government having jurisdiction thereof, or |
183 | collectively by interlocal agreement among any of the ports, or |
184 | used to purchase credit support to permit such borrowings. |
185 | However, such debt shall not constitute a general obligation of |
186 | the state. This state does hereby covenant with holders of such |
187 | revenue bonds or other instruments of indebtedness issued |
188 | hereunder that it will not repeal or impair or amend this |
189 | subsection in any manner which will materially and adversely |
190 | affect the rights of holders so long as bonds authorized by this |
191 | subsection are outstanding. Any revenues that are not pledged to |
192 | the repayment of bonds as authorized by this section may be |
193 | utilized for purposes authorized under the Florida Seaport |
194 | Transportation and Economic Development Program. This revenue |
195 | source is in addition to any amounts provided for and |
196 | appropriated in accordance with s. 311.07 and subsection (3). |
197 | The Florida Seaport Transportation and Economic Development |
198 | Council shall submit to the Department of Transportation a list |
199 | of strategic transportation, economic development, and freight |
200 | mobility projects that contribute to the economic growth of the |
201 | state and approve distribution of funds to ports for projects |
202 | that have been approved pursuant to s. 311.09(5)-(9), or that |
203 | have been approved for seaport intermodal access projects |
204 | identified in the 5-year Florida Seaport Mission Plan as |
205 | provided in s. 311.09(3) and mutually agreed upon by the FSTED |
206 | Council and the Department of Transportation. The council and |
207 | the Department of Transportation shall mutually agree upon the |
208 | prioritization and selection of projects for funding. The |
209 | Department of Transportation shall include the selected projects |
210 | for funding in the tentative work program developed pursuant to |
211 | s. 339.135. All contracts for actual construction of projects |
212 | authorized by this subsection must include a provision |
213 | encouraging employment of participants in the welfare transition |
214 | program. The goal for employment of participants in the welfare |
215 | transition program is 25 percent of all new employees employed |
216 | specifically for the project, unless the Department of |
217 | Transportation and the Florida Seaport Transportation and |
218 | Economic Development Council demonstrate that such a requirement |
219 | would severely hamper the successful completion of the project. |
220 | In such an instance, Workforce Florida, Inc., shall establish an |
221 | appropriate percentage of employees that must be participants in |
222 | the welfare transition program. The council and the Department |
223 | of Transportation are authorized to perform such acts as are |
224 | required to facilitate and implement the provisions of this |
225 | subsection, including the funding of approved projects by the |
226 | use of other state funding programs, local contributions from |
227 | seaports, and the creative use of federal funds. To better |
228 | enable the ports to cooperate to their mutual advantage, the |
229 | governing body of each port may exercise powers provided to |
230 | municipalities or counties in s. 163.01(7)(d) subject to the |
231 | provisions of chapter 311 and special acts, if any, pertaining |
232 | to a port. The use of funds provided pursuant to this subsection |
233 | is limited to eligible projects listed in this subsection. The |
234 | provisions of s. 311.07(4) do not apply to any funds received |
235 | pursuant to this subsection. The revenues available under this |
236 | subsection shall not be pledged to the payment of any bonds |
237 | other than the Florida Ports Financing Commission Series 1996 |
238 | and Series 1999 Bonds currently outstanding; provided, however, |
239 | such revenues may be pledged to secure payment of refunding |
240 | bonds to refinance the Florida Ports Financing Commission Series |
241 | 1996 and Series 1999 Bonds. The Department of Transportation is |
242 | authorized, pursuant to s. 311.23, to request the issuance of |
243 | bonds pledging the revenues provided in subsection (3) and this |
244 | subsection, including bonds issued to refund the Florida Ports |
245 | Financing Commission Series 1996 and Series 1999 Bonds. All |
246 | bonds issued pursuant to this subsection shall mature not later |
247 | than June 1, 2037. No refunding bonds secured by revenues |
248 | available under this subsection may be issued with a final |
249 | maturity later than the final maturity of the Florida Ports |
250 | Financing Commission Series 1996 and Series 1999 Bonds or which |
251 | provide for higher debt service in any year than is currently |
252 | payable on such bonds. Any revenue bonds or other indebtedness |
253 | issued after July 1, 2000, other than refunding bonds shall be |
254 | issued by the Division of Bond Finance at the request of the |
255 | Department of Transportation pursuant to the State Bond Act. |
256 | (5)(a) Except as provided in paragraph (c), the remainder |
257 | of such revenues must be deposited in the State Transportation |
258 | Trust Fund. |
259 | (b) The Chief Financial Officer each month shall deposit |
260 | in the State Transportation Trust Fund an amount, drawn from |
261 | other funds in the State Treasury which are not immediately |
262 | needed or are otherwise in excess of the amount necessary to |
263 | meet the requirements of the State Treasury, which when added to |
264 | such remaining revenues each month will equal one-twelfth of the |
265 | amount of the anticipated annual revenues to be deposited in the |
266 | State Transportation Trust Fund under paragraph (a) as |
267 | determined by the Chief Financial Officer after consultation |
268 | with the revenue estimating conference held pursuant to s. |
269 | 216.136(3). The transfers required hereunder may be suspended by |
270 | action of the Legislative Budget Commission in the event of a |
271 | significant shortfall of state revenues. |
272 | (c) In any month in which the remaining revenues derived |
273 | from the registration of motor vehicles exceed one-twelfth of |
274 | those anticipated annual remaining revenues as determined by the |
275 | Chief Financial Officer after consultation with the revenue |
276 | estimating conference, the excess shall be credited to those |
277 | state funds in the State Treasury from which the amount was |
278 | originally drawn, up to the amount which was deposited in the |
279 | State Transportation Trust Fund under paragraph (b). A final |
280 | adjustment must be made in the last months of a fiscal year so |
281 | that the total revenue deposited in the State Transportation |
282 | Trust Fund each year equals the amount derived from the |
283 | registration of motor vehicles, less the amount distributed |
284 | under subsection (1). For the purposes of this paragraph and |
285 | paragraph (b), the term "remaining revenues" means all revenues |
286 | deposited into the State Transportation Trust Fund under |
287 | paragraph (a) and subsections (2) and (3). In order that |
288 | interest earnings continue to accrue to the General Revenue |
289 | Fund, the Department of Transportation may not invest an amount |
290 | equal to the cumulative amount of funds deposited in the State |
291 | Transportation Trust Fund under paragraph (b) less funds |
292 | credited under this paragraph as computed on a monthly basis. |
293 | The amounts to be credited under this and the preceding |
294 | paragraph must be calculated and certified to the Chief |
295 | Financial Officer by the Executive Office of the Governor. |
296 | Section 20. Section 311.23, Florida Statutes, is created |
297 | to read: |
298 | 311.23 Florida Seaport Finance Corporation.-- |
299 | (1)(a) There is created a public benefits corporation, |
300 | which is an instrumentality of the state, to be known as the |
301 | Florida Seaport Finance Corporation. |
302 | (b) The corporation shall operate under a five-member |
303 | board of directors consisting of the Governor or a designee, the |
304 | Chief Financial Officer or a designee, the Attorney General or a |
305 | designee, the Director of the Division of Bond Finance of the |
306 | State Board of Administration, and the Secretary of the |
307 | Department of Transportation. The Director of the Division of |
308 | Bond Finance shall be the chief executive officer of the |
309 | corporation, shall direct and supervise the administrative |
310 | affairs of the corporation and shall control, direct, and |
311 | supervise the operation of the corporation. The corporation |
312 | shall also have such other officers as are determined by the |
313 | board of directors. |
314 | (2) The corporation shall have all the powers of a |
315 | corporate body under the laws of the state, including, but not |
316 | limited to, chapters 607 and 617, to the extent not inconsistent |
317 | with or restricted by the provisions of this section, including, |
318 | but not limited to, the power to: |
319 | (a) Adopt, amend, and repeal bylaws not inconsistent with |
320 | this section. |
321 | (b) Sue and be sued. |
322 | (c) Adopt and use a common seal. |
323 | (d) Acquire, purchase, hold, lease, and convey such real |
324 | and personal property as is proper or expedient to carry out the |
325 | purposes of the corporation and this section, and to sell, |
326 | lease, or otherwise dispose of such property. |
327 | (e) Elect or appoint and employ such officers, agents, and |
328 | employees as the corporation deems advisable to operate and |
329 | manage the affairs of the corporation, which officers, agents, |
330 | and employees may be officers or employees of the Department of |
331 | Transportation and the state agencies represented on the board |
332 | of directors of the corporation. |
333 | (f) At the request of the Department of Transportation, |
334 | issue bonds necessary for the purpose of financing or |
335 | refinancing fixed capital outlay seaport projects as provided in |
336 | s. 320.20(3) and (4). |
337 | (g) Make and execute any and all contracts, trust |
338 | agreements, and other instruments and agreements necessary or |
339 | convenient to accomplish the purposes of the corporation and |
340 | this section. |
341 | (h) Select, retain, and employ professionals, contractors, |
342 | or agents, which may include the Division of Bond Finance, as |
343 | shall be necessary or convenient to enable or assist the |
344 | corporation in carrying out the purposes of the corporation and |
345 | this section. |
346 | (i) Do any act or thing necessary or convenient to carry |
347 | out the purposes of the corporation and this section and the |
348 | powers provided in this section. |
349 | (3) The corporation is authorized to enter into one or |
350 | more contracts with the Department of Transportation pursuant to |
351 | which the corporation shall finance or refinance fixed capital |
352 | outlay seaport projects as provided in s. 320.20(3) and (4). |
353 | The Department of Transportation may enter into one or more such |
354 | contracts with the corporation and provide for payments under |
355 | such contracts pursuant s. 320.20(3) and (4), subject to annual |
356 | appropriation by the Legislature. The proceeds from such |
357 | contracts may be used for the costs and expenses of |
358 | administration of the corporation after payments as set forth in |
359 | subsection (3). In compliance with provisions of s. 287.0641 and |
360 | other applicable provisions of law, the obligations of the |
361 | Department of Transportation under such contracts shall not |
362 | constitute a general obligation of the state or a pledge of the |
363 | faith and credit or taxing power of the state, nor shall such |
364 | obligations be construed in any manner as an obligation of the |
365 | State Board of Administration or the Department of |
366 | Transportation, except as provided in this section, but shall be |
367 | payable solely from amounts received pursuant to s. 320.20(3) |
368 | and (4), subject to annual appropriation by the Legislature. In |
369 | compliance with this subsection and s. 287.0582, the contract |
370 | shall expressly include the following statement: "The State of |
371 | Florida's performance and obligation to pay under this contract |
372 | is contingent upon an annual appropriation by the Legislature." |
373 | (4) The corporation may issue bonds payable from and |
374 | secured by amounts payable to the corporation by the Department |
375 | of Transportation under a contract entered into pursuant to |
376 | subsection (3) for the purpose of financing or refinancing fixed |
377 | capital outlay seaport projects as provided in s. 320.20 (3) and |
378 | (4). Any such indebtedness of the corporation shall not |
379 | constitute a debt or obligation of the state or a pledge of the |
380 | faith and credit or taxing power of the state, but shall be |
381 | payable from and secured by payments made by the Department of |
382 | Transportation under the contract. Bonds issued pursuant to |
383 | this section are payable from, and secured by a first lien on, |
384 | funds available pursuant to s. 320.20 (3) and (4), subject to |
385 | annual appropriation. The bonds shall be subject to the |
386 | provisions of s. 320.20 (3) and (4). Such funds may be assigned |
387 | and pledged as security and deposited in trust with the State |
388 | Board of Administration pursuant to the terms of an agreement |
389 | entered into among the Department of Transportation, the |
390 | Division of Bond Finance, and the State Board of Administration. |
391 | (5) The fulfillment of the purposes of the corporation |
392 | promotes the health, safety, and general welfare of the people |
393 | of the state and serves as essential governmental functions and |
394 | a paramount public purpose. |
395 | (6) The corporation is exempt from taxation and |
396 | assessments of any nature whatsoever upon its income and any |
397 | property, assets, or revenues acquired, received, or used in the |
398 | furtherance of the purposes provided in this chapter. The bonds |
399 | of the corporation incurred pursuant to subsection (4) and the |
400 | interest and income thereon and all security agreements, letters |
401 | of credit, liquidity facilities, or other obligations or |
402 | instruments arising out of, entered into in connection |
403 | therewith, or given to secure payment thereof are exempt from |
404 | all taxation, provided such exemption does not apply to any tax |
405 | imposed by chapter 220 on the interest, income, or profits on |
406 | debt obligations owned by corporations. |
407 | (7) The corporation may validate bonds issued pursuant to |
408 | this section and the validity and enforceability of any |
409 | contracts providing for payments pledged to the payment thereof |
410 | by proceedings under chapter 75. The validation complaint shall |
411 | be filed only in the Circuit Court for Leon County. The notice |
412 | required to be published by s. 75.06 shall be published in Leon |
413 | County, and the complaint and order of the circuit court shall |
414 | be served only on the State Attorney for the Second Judicial |
415 | Circuit. Sections 75.04(2) and 75.06(2) shall not apply to a |
416 | complaint for validation filed as authorized in this subsection. |
417 | The first bonds issued pursuant to this section shall be |
418 | validated. |
419 | (8) The corporation shall not be deemed to be a special |
420 | district for purposes of chapter 189 or a unit of local |
421 | government for purposes of part III of chapter 218. The |
422 | provisions of chapters 120 and 215, except the limitation on |
423 | interest rates provided by s. 215.84 which applies to |
424 | obligations of the corporation issued pursuant to this section, |
425 | and part I of chapter 287, except ss. 287.0582 and 287.0641, |
426 | shall not apply to this section, the corporation created hereby, |
427 | the contracts entered into pursuant to this section, or to bonds |
428 | issued by the corporation as contemplated in this section. |
429 | (9) In no event shall any of the benefits or earnings of |
430 | the corporation inure to the benefit of any private person. |
431 | (10) Upon dissolution of the corporation, title to all |
432 | property owned by the corporation shall revert to the state. |
433 | (11) The corporation may contract with the State Board of |
434 | Administration to serve as trustee with respect to bonds issued |
435 | by the corporation as contemplated by this section and to hold, |
436 | administer, and invest proceeds of such bonds and other funds of |
437 | the corporation and to perform other services required by the |
438 | corporation. The State Board of Administration may perform such |
439 | services and may contract with others to provide all or a part |
440 | of such services and to recover its and such other costs and |
441 | expenses thereof. |
442 | (12) The Department of Transportation and any |
443 | participating port that is governed by a public body, local |
444 | governments, or local governments collectively by interlocal |
445 | agreement having jurisdiction of a seaport project may enter |
446 | into an interlocal agreement with the Department of |
447 | Transportation to promote the efficient and cost-effective |
448 | financing or refinancing of approved projects pursuant to this |
449 | section. The terms of such interlocal agreements shall include |
450 | provisions for the Department of Transportation to request the |
451 | issuance by the corporation of the bonds on behalf of the ports |
452 | or local governments described above; may provide that each |
453 | party to the agreement is contractually liable for a share of |
454 | funding an amount equal to the debt service requirements of such |
455 | bonds; and shall include any other terms, provisions, or |
456 | covenants necessary to the making of and full performance under |
457 | such interlocal agreement. Repayments made to the Department of |
458 | Transportation under any interlocal agreement are not pledged to |
459 | the repayment of bonds issued hereunder, and failure of the |
460 | local governmental authority to make such payment shall not |
461 | affect the obligation of the Department of Transportation to |
462 | make payment on any contract with the corporation. |
463 | (13) There shall be no liability on the part of, and no |
464 | cause of action shall arise against, any board members or |
465 | employees of the corporation for any actions taken by them in |
466 | the performance of their duties under this paragraph. |
467 | Section 21. This act shall not effect the validity of the |
468 | Florida Ports Financing Commission Series 1996 and 1999 Bonds. |
469 |
|
470 |
|
471 | =========== T I T L E A M E N D M E N T ======== |
472 | Between lines 75 and 76, insert: |
473 | amending s. 311.22, F.S.; revising funding for certain dredging |
474 | projects; amending s. 320.20, F.S.; prescribing when certain |
475 | funds will become subject to appropriation; revising the |
476 | distribution of license tax moneys deposited in the State |
477 | Transportation Trust Fund for the funding of the Florida Seaport |
478 | Transportation and Economic Development Program and certain |
479 | seaport intermodal access projects; requiring the Florida |
480 | Seaport Transportation and Economic Development Council to |
481 | submit a list of certain freight mobility projects to the |
482 | Department of Transportation; requiring that the council and the |
483 | department agree upon the projects selected for funding; |
484 | requiring the department to include the selected projects for |
485 | funding in the tentative work program; providing that specified |
486 | bonds shall be issued by the Division of Bond Finance at the |
487 | request of the department; providing for funding the |
488 | construction of wharves and docks; creating s. 311.23, F.S.; |
489 | creating the Florida Seaport Finance Corporation; providing for |
490 | membership of its board of directors; providing its powers and |
491 | duties; authorizing the issuance and validation of bonds; |
492 | exempting the corporation from taxation; declaring that the |
493 | corporation is not a special district; authorizing interlocal |
494 | agreements; exempting board members and employees of the |
495 | corporation from liability for certain acts; providing that this |
496 | act does not affect the validity of specified Florida Ports |
497 | Financing Commission bonds; |