| 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 |
|
| 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. |