Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for HB 1213
Barcode 549070
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
04/29/2009 03:01 PM . 05/01/2009 12:45 PM
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Senator King moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1006 and 1007
4 insert:
5 Section 19. Subsection (1) of section 334.30, Florida
6 Statutes, is amended to read:
7 334.30 Public-private transportation facilities.—The
8 Legislature finds and declares that there is a public need for
9 the rapid construction of safe and efficient transportation
10 facilities for the purpose of traveling within the state, and
11 that it is in the public’s interest to provide for the
12 construction of additional safe, convenient, and economical
13 transportation facilities.
14 (1) The department may receive or solicit proposals and,
15 with legislative approval as evidenced by approval of the
16 project in the department’s work program, enter into agreements
17 with private entities, or consortia thereof, for the building,
18 operation, ownership, or financing of transportation facilities.
19 The department may advance projects programmed in the adopted 5
20 year work program or projects increasing transportation capacity
21 and greater than $500 million in the 10-year Strategic
22 Intermodal Plan using funds provided by public-private
23 partnerships or private entities to be reimbursed from
24 department funds for the project as programmed in the adopted
25 work program. The department shall by rule establish an
26 application fee for the submission of unsolicited proposals
27 under this section. The fee must be sufficient to pay the costs
28 of evaluating the proposals. The department may engage the
29 services of private consultants to assist in the evaluation.
30 Before approval, the department must determine that the proposed
31 project:
32 (a) Is in the public’s best interest;
33 (b) Would not require state funds to be used unless the
34 project is on the State Highway System;
35 (c) Would have adequate safeguards in place to ensure that
36 no additional costs or service disruptions would be realized by
37 the traveling public and residents of the state in the event of
38 default or cancellation of the agreement by the department;
39 (d) Would have adequate safeguards in place to ensure that
40 the department or the private entity has the opportunity to add
41 capacity to the proposed project and other transportation
42 facilities serving similar origins and destinations; and
43 (e) Would be owned by the department upon completion or
44 termination of the agreement.
45
46 The department shall ensure that all reasonable costs to
47 the state, related to transportation facilities that are not
48 part of the State Highway System, are borne by the private
49 entity. The department shall also ensure that all reasonable
50 costs to the state and substantially affected local governments
51 and utilities, related to the private transportation facility,
52 are borne by the private entity for transportation facilities
53 that are owned by private entities. For projects on the State
54 Highway System, the department may use state resources to
55 participate in funding and financing the project as provided for
56 under the department’s enabling legislation. Because the
57 Legislature recognizes that private entities or consortia
58 thereof would perform a governmental or public purpose or
59 function when they enter into agreements with the department to
60 design, build, operate, own, or finance transportation
61 facilities, the transportation facilities, including leasehold
62 interests thereof, are exempt from ad valorem taxes as provided
63 in chapter 196 to the extent property is owned by the state or
64 other government entity, and from intangible taxes as provided
65 in chapter 199 and special assessments of the state, any city,
66 town, county, special district, political subdivision of the
67 state, or any other governmental entity. The private entities or
68 consortia thereof are exempt from tax imposed by chapter 201 on
69 all documents or obligations to pay money which arise out of the
70 agreements to design, build, operate, own, lease, or finance
71 transportation facilities. Any private entities or consortia
72 thereof must pay any applicable corporate taxes as provided in
73 chapters 220 and 221, and unemployment compensation taxes as
74 provided in chapter 443, and sales and use tax as provided in
75 chapter 212 shall be applicable. The private entities or
76 consortia thereof must also register and collect the tax imposed
77 by chapter 212 on all their direct sales and leases that are
78 subject to tax under chapter 212. The agreement between the
79 private entity or consortia thereof and the department
80 establishing a transportation facility under this chapter
81 constitute documentation sufficient to claim any exemption under
82 this section.
83
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Delete line 104
87 and insert:
88 the commission; amending s. 334.30, F.S.; exempting certain
89 public-private transportation facilities from certain specified
90 taxes and special assessments; excluding certain taxes from such
91 exemption; providing an effective date.