Florida Senate - 2010 SB 2214
By Senator Altman
24-00621A-10 20102214__
1 A bill to be entitled
2 An act relating to seaports; amending s. 288.063,
3 F.S.; expanding the definition of the term
4 “transportation project” to include certain projects
5 for a seaport; creating s. 288.0635, F.S.; providing
6 legislative findings and intent; designating seaport
7 commerce as a target industry; requiring Enterprise
8 Florida, Inc., to include in its annual report a
9 description of state efforts to attract and preserve
10 entities engaged in the movement of goods between
11 Florida and international markets; amending s. 311.07,
12 F.S.; increasing the minimum amount of funds that must
13 be made available annually from the State
14 Transportation Trust Fund to fund the Florida Seaport
15 Transportation and Economic Development Program;
16 amending s. 311.09, F.S.; increasing the minimum
17 amount of funds that the Department of Transportation
18 must request in its legislative budget request for the
19 Florida Seaport Transportation and Economic
20 Development grant program; requiring the Seaport
21 Transportation and Economic Development Council to
22 annually submit a list of projects to the Department
23 of Transportation which can be made production-ready
24 within a certain period; prohibiting the Department of
25 Transportation from requiring the Transportation and
26 Economic Development Council to identify certain
27 projects for which funding is requested or to fund
28 certain projects; requiring the council to allocate
29 appropriations to the grant programs to certain
30 transportation projects; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (3) of section 288.063, Florida
35 Statutes, is amended to read:
36 288.063 Contracts for transportation projects.—
37 (3) With respect to any contract executed pursuant to this
38 section, the term “transportation project” means a
39 transportation facility as defined in s. 334.03(31), or a
40 project for a seaport which is approved pursuant to s. 311.07,
41 which is necessary in the judgment of the Office of Tourism,
42 Trade, and Economic Development, to facilitate the economic
43 development and growth of the state. Except for applications
44 received before prior to July 1, 1996, such transportation
45 projects shall be approved only as a consideration to attract
46 new employment opportunities to the state or expand or retain
47 employment in existing companies operating within the state, or
48 to allow for the construction or expansion of a state or federal
49 correctional facility in a county that has with a population of
50 75,000 or fewer which less that creates new employment
51 opportunities or expands or retains employment in the county.
52 The Office of Tourism, Trade, and Economic Development shall
53 institute procedures to ensure that small and minority
54 businesses have equal access to funding provided under this
55 section. Funding for approved transportation projects may
56 include any expenses, other than administrative costs and
57 equipment purchases specified in the contract, necessary for
58 new, or improvement to existing, transportation facilities.
59 Funds made available pursuant to this section may not be
60 expended in connection with the relocation of a business from
61 one community to another community in this state unless the
62 Office of Tourism, Trade, and Economic Development determines
63 that without such relocation the business will move outside this
64 state or determines that the business has a compelling economic
65 rationale for the relocation which creates additional jobs.
66 Subject to appropriation for projects under this section, any
67 appropriation greater than $10 million shall be allocated to
68 each of the districts of the Department of Transportation to
69 ensure equitable geographical distribution. Such allocated funds
70 that remain uncommitted by the third quarter of the fiscal year
71 shall be reallocated among the districts based on pending
72 project requests.
73 Section 2. Section 288.0635, Florida Statutes, is created
74 to read:
75 288.0635 Seaport commerce; legislative finding and policy;
76 economic development strategy.—The Legislature finds that
77 seaport commerce is the economic foundation for the promotion,
78 enhancement, and development of tourism, agriculture,
79 manufacturing, transportation, and construction sectors in this
80 state. The policy of this state is to ensure that state economic
81 development and transportation infrastructure strategies and
82 programs provide incentives and resources to attract and
83 preserve entities engaged in the movement of goods between
84 Florida and international markets and between Florida and other
85 seaports in the United States. The Office of Tourism, Trade, and
86 Economic Development and Enterprise Florida, Inc., shall
87 designate seaport commerce as a target industry and ensure that
88 all resources and incentives available are provided to attract
89 and preserve that industry. Enterprise Florida, Inc., shall
90 include in its annual report a description and evaluation of
91 state efforts to attract and preserve entities engaged in the
92 movement of goods between Florida and international markets.
93 Section 3. Subsection (2) of section 311.07, Florida
94 Statutes, is amended to read:
95 311.07 Florida seaport transportation and economic
96 development funding.—
97 (2) A minimum of $30 $8 million per year shall be made
98 available from the State Transportation Trust Fund to fund the
99 Florida Seaport Transportation and Economic Development Program.
100 Section 4. Subsection (10) of section 311.09, Florida
101 Statutes, is amended to read:
102 311.09 Florida Seaport Transportation and Economic
103 Development Council.—
104 (10) The Department of Transportation shall include in its
105 annual legislative budget request a Florida Seaport
106 Transportation and Economic Development grant program for
107 expenditure of funds of at least $30 not less than $8 million
108 per year. Such budget shall include funding for projects
109 approved by the council which have been determined by each
110 agency to be consistent and which have been determined by the
111 Office of Tourism, Trade, and Economic Development to be
112 economically beneficial. After the end of each fiscal year, the
113 council shall may submit to the department a list of approved
114 projects that can could be made production-ready within the next
115 5 years following the end of the current fiscal year 2 years.
116 The list shall be submitted as part of the needs and project
117 list prepared pursuant to s. 339.135 and the legislative budget
118 request. However, the department may not require the council to
119 identify a specific project as part of the legislative budget
120 request or to fund a specific project from funds appropriated to
121 the grant program. The council shall allocate appropriations
122 received by the grant program to approved projects that will
123 improve the movement and intermodal transportation of cargo or
124 passengers in commerce and support the interests and purposes of
125 ports in this state.
126 Section 5. This act shall take effect July 1, 2010.