| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendments) |
| 4 | Between lines 1393 and 1394, insert: |
| 5 | Section 18. Subsection (1) of section 311.22, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 311.22 Additional authorization for funding certain |
| 8 | dredging projects.-- |
| 9 | (1) The Florida Seaport Transportation and Economic |
| 10 | Development Council shall establish a program to fund dredging |
| 11 | projects in counties having a population of fewer than 300,000 |
| 12 | according to the last official census. Funds made available |
| 13 | under this program may be used to fund approved projects for the |
| 14 | dredging or deepening of channels, turning basins, or harbors on |
| 15 | a 25-percent local 50-50 matching basis with any port authority, |
| 16 | as such term is defined in s. 315.02(2), which complies with the |
| 17 | permitting requirements in part IV of chapter 373 and the local |
| 18 | financial management and reporting provisions of part III of |
| 19 | chapter 218. |
| 20 | Section 19. Section 320.20, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 320.20 Disposition of license tax moneys.--The revenue |
| 23 | derived from the registration of motor vehicles, including any |
| 24 | delinquent fees and excluding those revenues collected and |
| 25 | distributed under the provisions of s. 320.081, must be |
| 26 | distributed monthly, as collected, as follows: |
| 27 | (1) The first proceeds, to the extent necessary to comply |
| 28 | with the provisions of s. 18, Art. XII of the State Constitution |
| 29 | of 1885, as adopted by s. 9(d), Art. XII, 1968 revised |
| 30 | constitution, and the additional provisions of s. 9(d) and s. |
| 31 | 1010.57, must be deposited in the district Capital Outlay and |
| 32 | Debt Service School Trust Fund. |
| 33 | (2) Twenty-five million dollars per year of such revenues |
| 34 | must be deposited in the State Transportation Trust Fund, with |
| 35 | priority use assigned to completion of the interstate highway |
| 36 | system. However, any excess funds may be utilized for general |
| 37 | transportation purposes, consistent with the Department of |
| 38 | Transportation's legislatively approved objectives. |
| 39 | (3) Notwithstanding any other provision of law except |
| 40 | subsections (1) and (2), on July 1, 1996, and annually |
| 41 | thereafter, $15 million shall be deposited in the State |
| 42 | Transportation Trust Fund solely for the purposes of funding the |
| 43 | Florida Seaport Transportation and Economic Development Program |
| 44 | as provided for in chapter 311. Such revenues shall be |
| 45 | distributed to any port listed in s. 311.09(1), to be used for |
| 46 | funding projects as follows: |
| 47 | (a) For any seaport intermodal access projects that are |
| 48 | identified in the tentative work program of the Department of |
| 49 | Transportation for the 2007-2008 to 2011-2012 fiscal years, up |
| 50 | to the amounts needed to offset the funding requirements of this |
| 51 | section. |
| 52 | (b) For seaport intermodal access projects as described in |
| 53 | s. 341.053(6) which are identified in the 5-year Florida Seaport |
| 54 | Mission Plan as provided in s. 311.09(3), funding shall require |
| 55 | at least a 25-percent match of the funds received pursuant to |
| 56 | this subsection. Matching funds shall come from any port funds, |
| 57 | federal funds, local funds, or private funds. |
| 58 | (c) For seaport projects as described in s. 311.07(3)(b), |
| 59 | funds shall be provided on a 50-50 matching basis. |
| 60 | (d) For seaport intermodal access projects that involve |
| 61 | the dredging or deepening of channels, turning basins, or |
| 62 | harbors, or the construction or rehabilitation of wharves, |
| 63 | docks, or similar structures, funding shall require at least a |
| 64 | 25-percent match of the funds received pursuant to this |
| 65 | subsection. Matching funds shall come from any port funds, |
| 66 | federal funds, local funds, or private funds. on a 50-50 |
| 67 | matching basis to any port listed in s. 311.09(1) to be used for |
| 68 | funding projects as described in s. 311.07(3)(b). |
| 69 |
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| 70 | Such revenues may be assigned, pledged, or set aside as a trust |
| 71 | for the payment of principal or interest on bonds, tax |
| 72 | anticipation certificates, or any other form of indebtedness |
| 73 | issued by an individual port or appropriate local government |
| 74 | having jurisdiction thereof, or collectively by interlocal |
| 75 | agreement among any of the ports, or used to purchase credit |
| 76 | support to permit such borrowings. However, such debt shall not |
| 77 | constitute a general obligation of the State of Florida. The |
| 78 | state does hereby covenant with holders of such revenue bonds or |
| 79 | other instruments of indebtedness issued hereunder that it will |
| 80 | not repeal or impair or amend in any manner which will |
| 81 | materially and adversely affect the rights of such holders so |
| 82 | long as bonds authorized by this section are outstanding. Any |
| 83 | revenues which are not pledged to the repayment of bonds as |
| 84 | authorized by this section may be utilized for purposes |
| 85 | authorized under the Florida Seaport Transportation and Economic |
| 86 | Development Program. This revenue source is in addition to any |
| 87 | amounts provided for and appropriated in accordance with s. |
| 88 | 311.07. The Florida Seaport Transportation and Economic |
| 89 | Development Council shall submit to the Department of |
| 90 | Transportation a list of strategic transportation, economic |
| 91 | development, and freight mobility projects that contribute to |
| 92 | the economic growth of the state and that approve distribution |
| 93 | of funds to ports for projects which have been approved pursuant |
| 94 | to s. 311.09(5)-(9). The council and the Department of |
| 95 | Transportation shall mutually agree upon the prioritization and |
| 96 | selection of projects for funding. The Department of |
| 97 | Transportation shall include the selected projects for funding |
| 98 | in the tentative work program developed pursuant to s. 339.135. |
| 99 | The council and the Department of Transportation are authorized |
| 100 | to perform such acts as are required to facilitate and implement |
| 101 | the provisions of this subsection, including the funding of |
| 102 | approved projects by the use of other state funding programs, |
| 103 | local contributions from seaports, and the creative use of |
| 104 | federal funds. To better enable the ports to cooperate to their |
| 105 | mutual advantage, the governing body of each port may exercise |
| 106 | powers provided to municipalities or counties in s. 163.01(7)(d) |
| 107 | subject to the provisions of chapter 311 and special acts, if |
| 108 | any, pertaining to a port. The use of funds provided pursuant to |
| 109 | this subsection are limited to eligible projects listed in this |
| 110 | subsection. Income derived from a project completed with the |
| 111 | use of program funds, beyond operating costs and debt service, |
| 112 | shall be restricted to further port capital improvements |
| 113 | consistent with maritime purposes and for no other purpose. Use |
| 114 | of such income for nonmaritime purposes is prohibited. The |
| 115 | provisions of s. 311.07(4) do not apply to any funds received |
| 116 | pursuant to this subsection. The revenues available under this |
| 117 | subsection shall not be pledged to the payment of any bonds |
| 118 | other than the Florida Ports Financing Commission Series 1996 |
| 119 | and Series 1999 Bonds currently outstanding; provided, however, |
| 120 | such revenues may be pledged to secure payment of refunding |
| 121 | bonds to refinance the Florida Ports Financing Commission Series |
| 122 | 1996 and Series 1999 Bonds. No refunding bonds secured by |
| 123 | revenues available under this subsection may be issued with a |
| 124 | final maturity later than the final maturity of the Florida |
| 125 | Ports Financing Commission Series 1996 and Series 1999 Bonds or |
| 126 | which provide for higher debt service in any year than is |
| 127 | currently payable on such bonds. Any revenue bonds or other |
| 128 | indebtedness issued after July 1, 2000, including other than |
| 129 | refunding bonds, shall be issued by the Division of Bond Finance |
| 130 | at the request of the Department of Transportation pursuant to |
| 131 | the State Bond Act. |
| 132 | (4) Notwithstanding any other provision of law except |
| 133 | subsections (1), (2), and (3), on July 1, 1999, and annually |
| 134 | thereafter, $10 million shall be deposited in the State |
| 135 | Transportation Trust Fund solely for the purposes of funding the |
| 136 | Florida Seaport Transportation and Economic Development Program |
| 137 | as provided in chapter 311 and for funding seaport intermodal |
| 138 | access projects of statewide significance as provided in s. |
| 139 | 341.053. Such revenues shall be distributed to any port listed |
| 140 | in s. 311.09(1), to be used for funding projects as follows: |
| 141 | (a) For any seaport intermodal access projects that are |
| 142 | identified in the 1997-1998 Tentative Work Program of the |
| 143 | Department of Transportation, up to the amounts needed to offset |
| 144 | the funding requirements of this section. |
| 145 | (b) For seaport intermodal access projects as described in |
| 146 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
| 147 | Mission Plan as provided in s. 311.09(3). Funding for such |
| 148 | projects shall be on a matching basis as mutually determined by |
| 149 | the Florida Seaport Transportation and Economic Development |
| 150 | Council and the Department of Transportation, provided a minimum |
| 151 | of 25 percent of total project funds shall come from any port |
| 152 | funds, local funds, private funds, or specifically earmarked |
| 153 | federal funds. |
| 154 | (c) On a 50-50 matching basis for projects as described in |
| 155 | s. 311.07(3)(b). |
| 156 | (d) For seaport intermodal access projects that involve |
| 157 | the dredging or deepening of channels, turning basins, or |
| 158 | harbors,; or the construction or rehabilitation of wharves, |
| 159 | docks, or similar structures. Funding for such projects shall |
| 160 | require a 25-percent 25 percent match of the funds received |
| 161 | pursuant to this subsection. Matching funds shall come from any |
| 162 | port funds, federal funds, local funds, or private funds. |
| 163 |
|
| 164 | Such revenues may be assigned, pledged, or set aside as a trust |
| 165 | for the payment of principal or interest on bonds, tax |
| 166 | anticipation certificates, or any other form of indebtedness |
| 167 | issued by an individual port or appropriate local government |
| 168 | having jurisdiction thereof, or collectively by interlocal |
| 169 | agreement among any of the ports, or used to purchase credit |
| 170 | support to permit such borrowings. However, such debt shall not |
| 171 | constitute a general obligation of the state. This state does |
| 172 | hereby covenant with holders of such revenue bonds or other |
| 173 | instruments of indebtedness issued hereunder that it will not |
| 174 | repeal or impair or amend this subsection in any manner which |
| 175 | will materially and adversely affect the rights of holders so |
| 176 | long as bonds authorized by this subsection are outstanding. Any |
| 177 | revenues that are not pledged to the repayment of bonds as |
| 178 | authorized by this section may be utilized for purposes |
| 179 | authorized under the Florida Seaport Transportation and Economic |
| 180 | Development Program. This revenue source is in addition to any |
| 181 | amounts provided for and appropriated in accordance with s. |
| 182 | 311.07 and subsection (3). The Florida Seaport Transportation |
| 183 | and Economic Development Council shall submit to the Department |
| 184 | of Transportation a list of strategic transportation, economic |
| 185 | development, and freight mobility projects that contribute to |
| 186 | the economic growth of the state and approve distribution of |
| 187 | funds to ports for projects that have been approved pursuant to |
| 188 | s. 311.09(5)-(9), or that have been approved for seaport |
| 189 | intermodal access projects identified in the 5-year Florida |
| 190 | Seaport Mission Plan as provided in s. 311.09(3) and mutually |
| 191 | agreed upon by the FSTED Council and the Department of |
| 192 | Transportation. The council and the Department of Transportation |
| 193 | shall mutually agree upon the prioritization and selection of |
| 194 | projects for funding. The Department of Transportation shall |
| 195 | include the selected projects for funding in the tentative work |
| 196 | program developed pursuant to s. 339.135. All contracts for |
| 197 | actual construction of projects authorized by this subsection |
| 198 | must include a provision encouraging employment of participants |
| 199 | in the welfare transition program. The goal for employment of |
| 200 | participants in the welfare transition program is 25 percent of |
| 201 | all new employees employed specifically for the project, unless |
| 202 | the Department of Transportation and the Florida Seaport |
| 203 | Transportation and Economic Development Council demonstrate that |
| 204 | such a requirement would severely hamper the successful |
| 205 | completion of the project. In such an instance, Workforce |
| 206 | Florida, Inc., shall establish an appropriate percentage of |
| 207 | employees that must be participants in the welfare transition |
| 208 | program. The council and the Department of Transportation are |
| 209 | authorized to perform such acts as are required to facilitate |
| 210 | and implement the provisions of this subsection, including the |
| 211 | funding of approved projects by the use of other state funding |
| 212 | programs, local contributions from seaports, and the creative |
| 213 | use of federal funds. To better enable the ports to cooperate to |
| 214 | their mutual advantage, the governing body of each port may |
| 215 | exercise powers provided to municipalities or counties in s. |
| 216 | 163.01(7)(d) subject to the provisions of chapter 311 and |
| 217 | special acts, if any, pertaining to a port. The use of funds |
| 218 | provided pursuant to this subsection is limited to eligible |
| 219 | projects listed in this subsection. The provisions of s. |
| 220 | 311.07(4) do not apply to any funds received pursuant to this |
| 221 | subsection. The revenues available under this subsection shall |
| 222 | not be pledged to the payment of any bonds other than the |
| 223 | Florida Ports Financing Commission Series 1996 and Series 1999 |
| 224 | Bonds currently outstanding; provided, however, such revenues |
| 225 | may be pledged to secure payment of refunding bonds to refinance |
| 226 | the Florida Ports Financing Commission Series 1996 and Series |
| 227 | 1999 Bonds. No refunding bonds secured by revenues available |
| 228 | under this subsection may be issued with a final maturity later |
| 229 | than the final maturity of the Florida Ports Financing |
| 230 | Commission Series 1996 and Series 1999 Bonds or which provide |
| 231 | for higher debt service in any year than is currently payable on |
| 232 | such bonds. Any revenue bonds or other indebtedness issued after |
| 233 | July 1, 2000, including other than refunding bonds, shall be |
| 234 | issued by the Division of Bond Finance at the request of the |
| 235 | Department of Transportation pursuant to the State Bond Act. |
| 236 | (5)(a) Except as provided in paragraph (c), the remainder |
| 237 | of such revenues must be deposited in the State Transportation |
| 238 | Trust Fund. |
| 239 | (b) The Chief Financial Officer each month shall deposit |
| 240 | in the State Transportation Trust Fund an amount, drawn from |
| 241 | other funds in the State Treasury which are not immediately |
| 242 | needed or are otherwise in excess of the amount necessary to |
| 243 | meet the requirements of the State Treasury, which when added to |
| 244 | such remaining revenues each month will equal one-twelfth of the |
| 245 | amount of the anticipated annual revenues to be deposited in the |
| 246 | State Transportation Trust Fund under paragraph (a) as |
| 247 | determined by the Chief Financial Officer after consultation |
| 248 | with the revenue estimating conference held pursuant to s. |
| 249 | 216.136(3). The transfers required hereunder may be suspended by |
| 250 | action of the Legislative Budget Commission in the event of a |
| 251 | significant shortfall of state revenues. |
| 252 | (c) In any month in which the remaining revenues derived |
| 253 | from the registration of motor vehicles exceed one-twelfth of |
| 254 | those anticipated annual remaining revenues as determined by the |
| 255 | Chief Financial Officer after consultation with the revenue |
| 256 | estimating conference, the excess shall be credited to those |
| 257 | state funds in the State Treasury from which the amount was |
| 258 | originally drawn, up to the amount which was deposited in the |
| 259 | State Transportation Trust Fund under paragraph (b). A final |
| 260 | adjustment must be made in the last months of a fiscal year so |
| 261 | that the total revenue deposited in the State Transportation |
| 262 | Trust Fund each year equals the amount derived from the |
| 263 | registration of motor vehicles, less the amount distributed |
| 264 | under subsection (1). For the purposes of this paragraph and |
| 265 | paragraph (b), the term "remaining revenues" means all revenues |
| 266 | deposited into the State Transportation Trust Fund under |
| 267 | paragraph (a) and subsections (2) and (3). In order that |
| 268 | interest earnings continue to accrue to the General Revenue |
| 269 | Fund, the Department of Transportation may not invest an amount |
| 270 | equal to the cumulative amount of funds deposited in the State |
| 271 | Transportation Trust Fund under paragraph (b) less funds |
| 272 | credited under this paragraph as computed on a monthly basis. |
| 273 | The amounts to be credited under this and the preceding |
| 274 | paragraph must be calculated and certified to the Chief |
| 275 | Financial Officer by the Executive Office of the Governor. |
| 276 |
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| 277 |
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| 278 | ======= T I T L E A M E N D M E N T ======= |
| 279 | Between lines 75 and 76, insert: |
| 280 | amending s. 311.22, F.S.; revising funding for certain |
| 281 | dredging projects; amending s. 320.20, F.S.; revising the |
| 282 | distribution of license tax moneys deposited in the State |
| 283 | Transportation Trust Fund for the funding of the Florida |
| 284 | Seaport Transportation and Economic Development Program |
| 285 | and certain seaport intermodal access projects; requiring |
| 286 | the Florida Seaport Transportation and Economic |
| 287 | Development Council to submit a list of certain freight |
| 288 | mobility projects to the Department of Transportation; |
| 289 | requiring that the council and the department agree upon |
| 290 | the projects selected for funding; requiring the |
| 291 | department to include the selected projects for funding in |
| 292 | the tentative work program; providing that refunding bonds |
| 293 | shall be issued by the Division of Bond Finance at the |
| 294 | request of the department; providing for funding the |
| 295 | construction of wharves and docks; |