1 | A bill to be entitled |
2 | An act relating to seaport development; amending s. |
3 | 320.20, F.S.; prescribing when certain funds will become |
4 | subject to appropriation; revising the distribution of |
5 | license tax moneys deposited in the State Transportation |
6 | Trust Fund for the funding of the Florida Seaport |
7 | Transportation and Economic Development Program and |
8 | certain seaport intermodal access projects; requiring the |
9 | Florida Seaport Transportation and Economic Development |
10 | Council to submit a list of certain strategic |
11 | transportation, economic development, and freight mobility |
12 | projects to the Department of Transportation; requiring |
13 | that the council and the department agree upon the |
14 | projects selected for funding; requiring the department to |
15 | include the selected projects for funding in the tentative |
16 | work program; providing that specified bonds shall be |
17 | issued by the Division of Bond Finance at the request of |
18 | the department; providing for funding the construction or |
19 | rehabilitation of wharves, docks, or similar structures; |
20 | providing for funding certain seaport intermodal access |
21 | projects; requiring matching funds; providing for the |
22 | issuance of bonds for such projects; creating s. 311.23, |
23 | F.S.; creating the Florida Seaport Finance Corporation; |
24 | providing for membership of its board of directors; |
25 | providing its powers and duties; authorizing the issuance |
26 | and validation of bonds; exempting the corporation from |
27 | taxation and assessments; declaring that the corporation |
28 | is not a special district; authorizing interlocal |
29 | agreements; exempting board members and employees of the |
30 | corporation from liability for certain acts; providing |
31 | that this act does not affect the validity of specified |
32 | Florida Ports Financing Commission bonds; providing an |
33 | effective date. |
34 |
|
35 | Be It Enacted by the Legislature of the State of Florida: |
36 |
|
37 | Section 1. Section 320.20, Florida Statutes, is amended to |
38 | read: |
39 | 320.20 Disposition of license tax moneys.--The revenue |
40 | derived from the registration of motor vehicles, including any |
41 | delinquent fees and excluding those revenues collected and |
42 | distributed under the provisions of s. 320.081, must be |
43 | distributed monthly, as collected, as follows: |
44 | (1) The first proceeds, to the extent necessary to comply |
45 | with the provisions of s. 18, Art. XII of the State Constitution |
46 | of 1885, as adopted by s. 9(d), Art. XII, 1968 revised |
47 | constitution, and the additional provisions of s. 9(d) and s. |
48 | 1010.57, must be deposited in the district Capital Outlay and |
49 | Debt Service School Trust Fund. |
50 | (2) Twenty-five million dollars per year of such revenues |
51 | must be deposited in the State Transportation Trust Fund, with |
52 | priority use assigned to completion of the interstate highway |
53 | system. However, any excess funds may be utilized for general |
54 | transportation purposes, consistent with the Department of |
55 | Transportation's legislatively approved objectives. |
56 | (3) Notwithstanding any other provision of law except |
57 | subsections (1) and (2), on July 1, 1996, and annually |
58 | thereafter, $15 million shall be deposited in the State |
59 | Transportation Trust Fund solely for the purposes of funding the |
60 | Florida Seaport Transportation and Economic Development Program |
61 | as provided for in chapter 311. Upon the issuance of bonds |
62 | pursuant to s. 311.23 which legally defease all outstanding |
63 | Florida Ports Financing Commission Series 1996 Bonds, such |
64 | deposit shall be subject to appropriation. Such revenues shall |
65 | be distributed to any port listed in s. 311.09(1), to be used |
66 | for funding projects as follows: |
67 | (a) For any seaport intermodal access projects that are |
68 | identified in the tentative work program of the Department of |
69 | Transportation for the 2008-2009 to 2012-2013 fiscal years, up |
70 | to the amounts needed to offset the funding requirements of this |
71 | section. |
72 | (b) For seaport intermodal access projects as described in |
73 | s. 341.053(6) which are identified in the 5-year Florida Seaport |
74 | Mission Plan as provided in s. 311.09(3), funding shall require |
75 | at least a 25-percent match of the funds received pursuant to |
76 | this subsection. Matching funds shall come from any port funds, |
77 | federal funds, local funds, or private funds. |
78 | (c) For seaport projects as described in s. 311.07(3)(b), |
79 | funds shall be provided on a 50-50 matching basis. |
80 | (d) For seaport intermodal access projects that involve |
81 | the dredging or deepening of channels, turning basins, or |
82 | harbors, or the construction or rehabilitation of wharves, |
83 | docks, or similar structures, funding shall require at least a |
84 | 25-percent match of the funds received pursuant to this |
85 | subsection. Matching funds shall come from any port funds, |
86 | federal funds, local funds, or private funds on a 50-50 matching |
87 | basis to any port listed in s. 311.09(1) to be used for funding |
88 | projects as described in s. 311.07(3)(b). |
89 |
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90 | Such revenues may be assigned, pledged, or set aside as a trust |
91 | for the payment of principal or interest on bonds issued |
92 | pursuant to s. 311.23, tax anticipation certificates, or any |
93 | other form of indebtedness issued by an individual port or |
94 | appropriate local government having jurisdiction thereof, or |
95 | collectively by interlocal agreement among any of the ports, or |
96 | used to purchase credit support to permit such borrowings. |
97 | However, such debt shall not constitute a general obligation of |
98 | the State of Florida. The state does hereby covenant with |
99 | holders of such revenue bonds or other instruments of |
100 | indebtedness issued hereunder that it will not repeal or impair |
101 | or amend in any manner that which will materially and adversely |
102 | affects affect the rights of such holders so long as bonds |
103 | authorized by this section are outstanding. Any revenues which |
104 | are not pledged to the repayment of bonds as authorized by this |
105 | section may be utilized for purposes authorized under the |
106 | Florida Seaport Transportation and Economic Development Program. |
107 | This revenue source is in addition to any amounts provided for |
108 | and appropriated in accordance with s. 311.07. The Florida |
109 | Seaport Transportation and Economic Development Council shall |
110 | submit to the Department of Transportation a list of strategic |
111 | transportation, economic development, and freight mobility |
112 | projects that contribute to the economic growth of the state and |
113 | that approve distribution of funds to ports for projects which |
114 | have been approved pursuant to s. 311.09(5)-(9). The council and |
115 | the Department of Transportation shall mutually agree upon the |
116 | prioritization and selection of projects for funding. The |
117 | Department of Transportation shall include the selected projects |
118 | for funding in the tentative work program developed pursuant to |
119 | s. 339.135. The council and the Department of Transportation are |
120 | authorized to perform such acts as are required to facilitate |
121 | and implement the provisions of this subsection, including the |
122 | funding of approved projects through the use of other state |
123 | funding programs, local contributions from seaports, and the |
124 | creative use of federal funds. To better enable the ports to |
125 | cooperate for to their mutual advantage, the governing body of |
126 | each port may exercise powers provided to municipalities or |
127 | counties in s. 163.01(7)(d) subject to the provisions of chapter |
128 | 311 and special acts, if any, pertaining to a port. The use of |
129 | funds provided pursuant to this subsection are limited to |
130 | eligible projects listed in this subsection. Income derived from |
131 | a project completed with the use of program funds, beyond |
132 | operating costs and debt service, shall be restricted to |
133 | furthering further port capital improvements consistent with |
134 | maritime purposes and for no other purpose. Use of such income |
135 | for nonmaritime purposes is prohibited. The provisions of s. |
136 | 311.07(4) do not apply to any funds received pursuant to this |
137 | subsection. The Department of Transportation is authorized, |
138 | pursuant to s. 311.23, to request the issuance of bonds pledging |
139 | the revenues provided in this subsection and subsections (4) and |
140 | (5), including bonds issued to refund the Florida Ports |
141 | Financing Commission Series 1996 and Series 1999 Bonds. All |
142 | bonds issued pursuant to this subsection shall mature by June 1, |
143 | 2038. The revenues available under this subsection shall not be |
144 | pledged to the payment of any bonds other than the Florida Ports |
145 | Financing Commission Series 1996 and Series 1999 Bonds currently |
146 | outstanding; provided, however, such revenues may be pledged to |
147 | secure payment of refunding bonds to refinance the Florida Ports |
148 | Financing Commission Series 1996 and Series 1999 Bonds. No |
149 | Refunding bonds secured by revenues available under this |
150 | subsection may not be issued with a final maturity later than |
151 | the final maturity of the Florida Ports Financing Commission |
152 | Series 1996 and Series 1999 Bonds or which provide for higher |
153 | debt service in any year than is currently payable on such |
154 | bonds. Any revenue bonds or other indebtedness issued after July |
155 | 1, 2000, other than refunding bonds shall be issued by the |
156 | Division of Bond Finance at the request of the Department of |
157 | Transportation pursuant to the State Bond Act. |
158 | (4) Notwithstanding any other provision of law except |
159 | subsections (1), (2), and (3), on July 1, 1999, and annually |
160 | thereafter, $10 million shall be deposited annually into in the |
161 | State Transportation Trust Fund solely for the purposes of |
162 | funding the Florida Seaport Transportation and Economic |
163 | Development Program as provided in chapter 311 and for funding |
164 | seaport intermodal access projects of statewide significance as |
165 | provided in s. 341.053. Upon the issuance of bonds pursuant to |
166 | s. 311.23 which legally defease all outstanding Florida Ports |
167 | Financing Commission Series 1999 Bonds, such deposit shall be |
168 | subject to appropriation. Such revenues shall be distributed to |
169 | any port listed in s. 311.09(1), to be used for funding projects |
170 | as follows: |
171 | (a) For any seaport intermodal access projects that are |
172 | identified in the 1997-1998 Tentative Work Program of the |
173 | Department of Transportation, up to the amounts needed to offset |
174 | the funding requirements of this section. |
175 | (b) For seaport intermodal access projects as described in |
176 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
177 | Mission Plan as provided in s. 311.09(3). Funding for such |
178 | projects shall be on a matching basis as mutually determined by |
179 | the Florida Seaport Transportation and Economic Development |
180 | Council and the Department of Transportation, provided a minimum |
181 | of 25 percent of total project funds comes shall come from any |
182 | port funds, local funds, private funds, or specifically |
183 | earmarked federal funds. |
184 | (c) On a 50-50 matching basis for projects as described in |
185 | s. 311.07(3)(b). |
186 | (d) For seaport intermodal access projects that involve |
187 | the dredging or deepening of channels, turning basins, or |
188 | harbors; or the construction or rehabilitation of wharves, |
189 | docks, or similar structures. Funding for such projects shall |
190 | require a 25-percent 25 percent match of the funds received |
191 | pursuant to this subsection. Matching funds must shall come from |
192 | any port funds, federal funds, local funds, or private funds. |
193 |
|
194 | Such revenues may be assigned, pledged, or set aside as a trust |
195 | for the payment of principal or interest on bonds issued |
196 | pursuant to s. 311.23, tax anticipation certificates, or any |
197 | other form of indebtedness issued by an individual port or |
198 | appropriate local government having jurisdiction thereof, or |
199 | collectively by interlocal agreement among any of the ports, or |
200 | used to purchase credit support to permit such borrowings. |
201 | However, such debt does shall not constitute a general |
202 | obligation of the state. This state does hereby covenant with |
203 | holders of such revenue bonds or other instruments of |
204 | indebtedness issued hereunder that it will not repeal or impair |
205 | or amend this subsection in any manner that which will |
206 | materially and adversely affects affect the rights of holders so |
207 | long as bonds authorized by this subsection are outstanding. Any |
208 | revenues that are not pledged to the repayment of bonds as |
209 | authorized by this section may be used utilized for purposes |
210 | authorized under the Florida Seaport Transportation and Economic |
211 | Development Program. This revenue source is in addition to any |
212 | amounts provided for and appropriated in accordance with s. |
213 | 311.07 and subsection (3). The Florida Seaport Transportation |
214 | and Economic Development Council shall submit to the Department |
215 | of Transportation a list of strategic transportation, economic |
216 | development, and freight mobility projects that contribute to |
217 | the economic growth of the state and approve distribution of |
218 | funds to ports for projects that have been approved pursuant to |
219 | s. 311.09(5)-(9), or that have been approved for seaport |
220 | intermodal access projects identified in the 5-year Florida |
221 | Seaport Mission Plan as provided in s. 311.09(3) and mutually |
222 | agreed upon by the FSTED Council and the Department of |
223 | Transportation. The council and the Department of Transportation |
224 | shall mutually agree upon the prioritization and selection of |
225 | projects for funding. The Department of Transportation shall |
226 | include the selected projects for funding in the tentative work |
227 | program developed pursuant to s. 339.135. All contracts for |
228 | actual construction of projects authorized by this subsection |
229 | must include a provision encouraging employment of participants |
230 | in the welfare transition program. The goal for employment of |
231 | participants in the welfare transition program is 25 percent of |
232 | all new employees employed specifically for the project, unless |
233 | the Department of Transportation and the Florida Seaport |
234 | Transportation and Economic Development Council demonstrate that |
235 | such a requirement would severely hamper the successful |
236 | completion of the project. In such an instance, Workforce |
237 | Florida, Inc., shall establish an appropriate percentage of |
238 | employees that must be participants in the welfare transition |
239 | program. The council and the Department of Transportation are |
240 | authorized to perform such acts as are required to facilitate |
241 | and implement the provisions of this subsection, including the |
242 | funding of approved projects through the use of other state |
243 | funding programs, local contributions from seaports, and the |
244 | creative use of federal funds. To better enable the ports to |
245 | cooperate for to their mutual advantage, the governing body of |
246 | each port may exercise powers provided to municipalities or |
247 | counties in s. 163.01(7)(d) subject to the provisions of chapter |
248 | 311 and special acts, if any, pertaining to a port. The use of |
249 | funds provided pursuant to this subsection is limited to |
250 | eligible projects listed in this subsection. The provisions of |
251 | s. 311.07(4) do not apply to any funds received pursuant to this |
252 | subsection. The Department of Transportation is authorized, |
253 | pursuant to s. 311.23, to request the issuance of bonds pledging |
254 | the revenues provided in subsections (3) and (5) and this |
255 | subsection, including bonds issued to refund the Florida Ports |
256 | Financing Commission Series 1996 and Series 1999 Bonds. All |
257 | bonds issued pursuant to this subsection shall mature by June 1, |
258 | 2038. The revenues available under this subsection shall not be |
259 | pledged to the payment of any bonds other than the Florida Ports |
260 | Financing Commission Series 1996 and Series 1999 Bonds currently |
261 | outstanding; provided, however, such revenues may be pledged to |
262 | secure payment of refunding bonds to refinance the Florida Ports |
263 | Financing Commission Series 1996 and Series 1999 Bonds. No |
264 | Refunding bonds secured by revenues available under this |
265 | subsection may not be issued with a final maturity later than |
266 | the final maturity of the Florida Ports Financing Commission |
267 | Series 1996 and Series 1999 Bonds or which provide for higher |
268 | debt service in any year than is currently payable on such |
269 | bonds. |
270 | (5) Notwithstanding any other provision of law except |
271 | subsections (1)-(4), on July 1, 2009, and annually thereafter, |
272 | $3 million shall be deposited into the State Transportation |
273 | Trust Fund solely to fund the Florida Seaport Transportation and |
274 | Economic Development Program as provided in chapter 311 and to |
275 | fund seaport intermodal access projects of statewide |
276 | significance as provided in s. 341.053. Such deposit shall be |
277 | subject to appropriation. The revenues shall be distributed to |
278 | any port listed in s. 311.09(1), to be used for funding projects |
279 | as follows: |
280 | (a) For any seaport intermodal access projects that are |
281 | identified in the tentative work program of the Department of |
282 | Transportation for the 2008-2009 to 2012-2013 fiscal years, up |
283 | to the amounts needed to offset the funding requirements of this |
284 | section. |
285 | (b) For seaport intermodal access projects described in s. |
286 | 341.053(6) which are identified in the 5-year Florida Seaport |
287 | Mission Plan as provided in s. 311.09(3), funding shall require |
288 | at least a 25-percent match of the funds received pursuant to |
289 | this subsection. Matching funds must come from any port funds, |
290 | federal funds, local funds, or private funds. |
291 | (c) On a 50-50 matching basis for projects described in s. |
292 | 311.07(3)(b). |
293 | (d) For seaport intermodal access projects that involve |
294 | the dredging or deepening of channels, turning basins, or |
295 | harbors, or the construction or rehabilitation of wharves, |
296 | docks, or similar structures, funding shall require at least a |
297 | 25-percent match of the funds received pursuant to this |
298 | subsection. Matching funds must come from any port funds, |
299 | federal funds, local funds, or private funds. |
300 | |
301 | Such revenues may be assigned, pledged, or set aside as a trust |
302 | for the payment of principal or interest on bonds issued |
303 | pursuant to s. 311.23. However, such debt does not constitute a |
304 | general obligation of the state. The state covenants with |
305 | holders of such bonds that it will not repeal or impair or amend |
306 | this subsection in any manner that materially and adversely |
307 | affects the rights of holders so long as bonds authorized by |
308 | this subsection are outstanding. Any revenues that are not |
309 | pledged for the repayment of bonds may be used for purposes |
310 | authorized under the Florida Seaport Transportation and Economic |
311 | Development Program. This is in addition to any amounts provided |
312 | for and appropriated in accordance with s. 311.07 and |
313 | subsections (3) and (4). The Florida Seaport Transportation and |
314 | Economic Development Council shall submit to the Department of |
315 | Transportation a list of strategic transportation, economic |
316 | development, and freight mobility projects that contribute to |
317 | the economic growth of the state and that have been approved |
318 | pursuant to s. 311.09(5)-(9) or that have been approved for |
319 | seaport intermodal access projects identified in the 5-year |
320 | Florida Seaport Mission Plan as provided in s. 311.09(3). The |
321 | council and the Department of Transportation shall mutually |
322 | agree upon the prioritization and selection of projects for |
323 | funding. The Department of Transportation shall include the |
324 | selected projects for funding in the tentative work program |
325 | developed pursuant to s. 339.135. The council and the Department |
326 | of Transportation may perform such acts as are required to |
327 | facilitate and implement this subsection, including the funding |
328 | of approved projects through the use of other state funding |
329 | programs, local contributions from seaports, and the creative |
330 | use of federal funds. To better enable the ports to cooperate |
331 | for their mutual advantage, the governing body of each port may |
332 | exercise powers provided to municipalities or counties in s. |
333 | 163.01(7)(d), subject to chapter 311 and any special acts |
334 | pertaining to the port. The use of funds provided under this |
335 | subsection is limited to eligible projects listed in this |
336 | subsection. The Department of Transportation is authorized, |
337 | pursuant to s. 311.23, to request the issuance of bonds pledging |
338 | the revenues provided in subsections (3) and (4) and this |
339 | subsection. All bonds secured by revenues under this subsection |
340 | shall mature by July 1, 2038 Any revenue bonds or other |
341 | indebtedness issued after July 1, 2000, other than refunding |
342 | bonds shall be issued by the Division of Bond Finance at the |
343 | request of the Department of Transportation pursuant to the |
344 | State Bond Act. |
345 | (6)(5)(a) Except as provided in paragraph (c), the |
346 | remainder of such revenues must be deposited in the State |
347 | Transportation Trust Fund. |
348 | (b) Each month the Chief Financial Officer each month |
349 | shall deposit in the State Transportation Trust Fund an amount, |
350 | drawn from other funds in the State Treasury which are not |
351 | immediately needed or are otherwise in excess of the amount |
352 | necessary to meet the requirements of the State Treasury, which |
353 | when added to such remaining revenues each month will equal one- |
354 | twelfth of the amount of the anticipated annual revenues to be |
355 | deposited in the State Transportation Trust Fund under paragraph |
356 | (a) as determined by the Chief Financial Officer after |
357 | consultation with the revenue estimating conference held |
358 | pursuant to s. 216.136(3). The required transfers required |
359 | hereunder may be suspended by action of the Legislative Budget |
360 | Commission in the event of a significant shortfall of state |
361 | revenues. |
362 | (c) In any month in which the remaining revenues derived |
363 | from the registration of motor vehicles exceed one-twelfth of |
364 | those anticipated annual remaining revenues as determined by the |
365 | Chief Financial Officer after consultation with the revenue |
366 | estimating conference, the excess shall be credited to those |
367 | state funds in the State Treasury from which the amount was |
368 | originally drawn, up to the amount which was deposited in the |
369 | State Transportation Trust Fund under paragraph (b). A final |
370 | adjustment must be made in the last months of a fiscal year so |
371 | that the total revenue deposited in the State Transportation |
372 | Trust Fund each year equals the amount derived from the |
373 | registration of motor vehicles, less the amount distributed |
374 | under subsection (1). For the purposes of this paragraph and |
375 | paragraph (b), the term "remaining revenues" means all revenues |
376 | deposited into the State Transportation Trust Fund under |
377 | paragraph (a) and subsections (2) and (3). In order for that |
378 | interest earnings to continue to accrue to the General Revenue |
379 | Fund, the Department of Transportation may not invest an amount |
380 | equal to the cumulative amount of funds deposited in the State |
381 | Transportation Trust Fund under paragraph (b) less funds |
382 | credited under this paragraph as computed on a monthly basis. |
383 | The amounts to be credited under this and the preceding |
384 | paragraph must be calculated and certified to the Chief |
385 | Financial Officer by the Executive Office of the Governor. |
386 | Section 2. Section 311.23, Florida Statutes, is created to |
387 | read: |
388 | 311.23 Florida Seaport Finance Corporation.--There is |
389 | created a public benefits corporation, which is an |
390 | instrumentality of the state, to be known as the Florida Seaport |
391 | Finance Corporation. |
392 | (1) The corporation shall operate under a five-member |
393 | board of directors consisting of the Governor or a designee, the |
394 | Chief Financial Officer or a designee, the Attorney General or a |
395 | designee, the director of the Division of Bond Finance of the |
396 | State Board of Administration, and the Secretary of |
397 | Transportation. The director of the Division of Bond Finance |
398 | shall be the chief executive officer of the corporation, shall |
399 | direct and supervise the administrative affairs of the |
400 | corporation, and shall control, direct, and supervise the |
401 | operation of the corporation. The corporation shall also have |
402 | such other officers as are determined by the board of directors. |
403 | (2) The corporation shall have all the powers of a |
404 | corporate body under the laws of the state, including, but not |
405 | limited to, chapters 607 and 617, to the extent not inconsistent |
406 | with or restricted by the provisions of this section, including, |
407 | but not limited to, the power to: |
408 | (a) Adopt, amend, and repeal bylaws not inconsistent with |
409 | this section. |
410 | (b) Sue and be sued. |
411 | (c) Adopt and use a common seal. |
412 | (d) Acquire, purchase, hold, lease, and convey such real |
413 | and personal property as is proper or expedient to carry out the |
414 | purposes of the corporation and this section, and to sell, |
415 | lease, or otherwise dispose of such property. |
416 | (e) Elect or appoint and employ such officers, agents, and |
417 | employees as the board of directors deems advisable to operate |
418 | and manage the affairs of the corporation, which officers, |
419 | agents, and employees may be officers or employees of the |
420 | Department of Transportation and the state agencies represented |
421 | on the board of directors of the corporation. |
422 | (f) At the request of the Department of Transportation, |
423 | issue bonds for the purpose of financing or refinancing fixed |
424 | capital outlay seaport projects as provided in s. 320.20(3) and |
425 | (4). |
426 | (g) Make and execute any and all contracts, trust |
427 | agreements, and other instruments and agreements necessary or |
428 | convenient to accomplish the purposes of the corporation and |
429 | this section. |
430 | (h) Select, retain, and employ professionals, contractors, |
431 | or agents, which may include the Division of Bond Finance, as |
432 | necessary or convenient to enable or assist the corporation in |
433 | carrying out the purposes of the corporation and this section. |
434 | (i) Do any act or thing necessary or convenient to carry |
435 | out the purposes of the corporation and this section and the |
436 | powers provided in this section. |
437 | (3) The corporation is authorized to enter into one or |
438 | more contracts with the Department of Transportation pursuant to |
439 | which the corporation shall finance or refinance fixed capital |
440 | outlay seaport projects as provided in s. 320.20(3), (4), and |
441 | (5). The Department of Transportation may enter into one or more |
442 | such contracts with the corporation and provide for payments |
443 | under such contracts pursuant s. 320.20(3), (4), and (5), |
444 | subject to annual appropriation by the Legislature. The proceeds |
445 | from such contracts may be used for the administrative costs and |
446 | expenses of the corporation after making payments as provided in |
447 | subsection (4). In compliance with s. 287.0641 and other |
448 | applicable provisions of law, the obligations of the Department |
449 | of Transportation under such contracts do not constitute a |
450 | general obligation of the state or a pledge of the faith and |
451 | credit or taxing power of the state, and such obligations are |
452 | not obligations of the State Board of Administration or the |
453 | Department of Transportation, except as provided in this |
454 | section, but shall be payable solely from amounts received |
455 | pursuant to s. 320.20(3), (4), and (5), subject to annual |
456 | appropriation by the Legislature. In compliance with this |
457 | subsection and s. 287.0582, the contract must expressly include |
458 | the following statement: "The State of Florida's performance and |
459 | obligation to pay under this contract is contingent upon an |
460 | annual appropriation by the Legislature." |
461 | (4) The corporation may issue bonds payable from and |
462 | secured by amounts payable to the corporation by the Department |
463 | of Transportation under a contract entered into pursuant to |
464 | subsection (3) for the purpose of financing or refinancing fixed |
465 | capital outlay seaport projects as provided in s. 320.20(3), |
466 | (4), and (5). Any such indebtedness of the corporation does not |
467 | constitute a debt or obligation of the state or a pledge of the |
468 | faith and credit or taxing power of the state but is payable |
469 | from and secured by payments made by the Department of |
470 | Transportation under the contract. Bonds issued pursuant to this |
471 | section are payable from, and secured by a first lien on, funds |
472 | available pursuant to s. 320.20(3), (4), and (5), subject to |
473 | annual appropriation. The bonds are subject to the provisions of |
474 | s. 320.20(3), (4), and (5). Such funds may be assigned and |
475 | pledged as security and deposited in trust with the State Board |
476 | of Administration pursuant to the terms of an agreement entered |
477 | into among the Department of Transportation, the Division of |
478 | Bond Finance, and the State Board of Administration. |
479 | (5) The fulfillment of the purposes of the corporation |
480 | promotes the health, safety, and general welfare of the people |
481 | of the state and serves as essential governmental functions and |
482 | a paramount public purpose. |
483 | (6) The corporation is exempt from taxation and |
484 | assessments of any nature whatsoever upon its income and any |
485 | property, assets, or revenues acquired, received, or used in the |
486 | furtherance of the purposes provided in this chapter. The bonds |
487 | of the corporation incurred pursuant to subsection (4) and the |
488 | interest and income thereon and all security agreements, letters |
489 | of credit, liquidity facilities, or other obligations or |
490 | instruments arising out of, entered into in connection |
491 | therewith, or given to secure payment thereof are exempt from |
492 | all taxation, provided such exemption does not apply to any tax |
493 | imposed by chapter 220 on the interest, income, or profits on |
494 | debt obligations owned by corporations. |
495 | (7) The corporation may validate bonds issued pursuant to |
496 | this section and the validity and enforceability of any |
497 | contracts providing for payments pledged to the payment thereof |
498 | by proceedings under chapter 75. The validation complaint shall |
499 | be filed only in the Circuit Court of Leon County. The notice |
500 | required to be published by s. 75.06 must be published in Leon |
501 | County, and the complaint and order of the circuit court shall |
502 | be served only on the State Attorney for the Second Judicial |
503 | Circuit. Sections 75.04(2) and 75.06(2) do not apply to a |
504 | complaint for validation filed under this subsection. The first |
505 | bonds issued pursuant to this section shall be validated. |
506 | (8) The corporation is not a special district for purposes |
507 | of chapter 189 or a unit of local government for purposes of |
508 | part III of chapter 218. The provisions of chapters 120 and 215, |
509 | except the limitation on interest rates provided by s. 215.84 |
510 | which applies to obligations of the corporation issued pursuant |
511 | to this section, and part I of chapter 287, except ss. 287.0582 |
512 | and 287.0641, do not apply to this section, the corporation, the |
513 | contracts entered into pursuant to this section, or to bonds |
514 | issued by the corporation as contemplated in this section. |
515 | (9) In no event shall any of the benefits or earnings of |
516 | the corporation inure to the benefit of any private person. |
517 | (10) Upon dissolution of the corporation, title to all |
518 | property owned by the corporation shall revert to the state. |
519 | (11) The corporation may contract with the State Board of |
520 | Administration to serve as trustee with respect to bonds issued |
521 | by the corporation as contemplated by this section and to hold, |
522 | administer, and invest proceeds of such bonds and other funds of |
523 | the corporation and to perform other services required by the |
524 | corporation. The State Board of Administration may perform such |
525 | services and may contract with others to provide all or a part |
526 | of such services and to recover its and such other costs and |
527 | expenses thereof. |
528 | (12) The Department of Transportation and any |
529 | participating port that is governed by a public body, local |
530 | governments, or local governments collectively by interlocal |
531 | agreement having jurisdiction of a seaport project may enter |
532 | into an interlocal agreement with the Department of |
533 | Transportation to promote the efficient and cost-effective |
534 | financing or refinancing of approved projects pursuant to this |
535 | section. The terms of such interlocal agreements must include |
536 | provisions for the Department of Transportation to request the |
537 | issuance by the corporation of the bonds on behalf of the ports |
538 | or local governments described in this subsection; may provide |
539 | that each party to the agreement is contractually liable for a |
540 | share of funding an amount equal to the debt service |
541 | requirements of such bonds; and must include any other terms, |
542 | provisions, or covenants necessary for full performance under |
543 | such interlocal agreement. Repayments made to the Department of |
544 | Transportation under any interlocal agreement are not pledged to |
545 | the repayment of bonds issued under this section, and failure of |
546 | the local governmental authority to make such payment does not |
547 | affect the obligation of the Department of Transportation to |
548 | make payment on any contract with the corporation. |
549 | (13) There is no liability on the part of, and no cause of |
550 | action shall arise against, any board members or employees of |
551 | the corporation for any actions taken by them in the performance |
552 | of their duties under this section. |
553 | Section 3. The provisions of this act do not affect the |
554 | validity of the Florida Ports Financing Commission Series 1996 |
555 | and 1999 Bonds. |
556 | Section 4. This act shall take effect July 1, 2008. |