Bill Text: FL S0796 | 2023 | Regular Session | Introduced


Bill Title: Seaports

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Transportation [S0796 Detail]

Download: Florida-2023-S0796-Introduced.html
       Florida Senate - 2023                                     SB 796
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01297-23                                             2023796__
    1                        A bill to be entitled                      
    2         An act relating to seaports; amending s. 311.07, F.S.;
    3         increasing the minimum amount of funds to be made
    4         available for the Florida Seaport Transportation and
    5         Economic Development Program from the State
    6         Transportation Trust Fund beginning in a specified
    7         fiscal year; amending s. 311.09, F.S.; increasing the
    8         amount the Department of Transportation is required to
    9         include in its annual legislative budget request for
   10         the program; removing obsolete language; amending s.
   11         311.10, F.S.; increasing the amount of funds to be
   12         made available from the State Transportation Trust
   13         Fund to fund the Strategic Port Investment Initiative
   14         beginning in a specified fiscal year; reenacting ss.
   15         320.20(3) and 339.0801(1)(f), F.S., relating to the
   16         disposition of license tax moneys and the allocation
   17         of increased revenues from certain provisions,
   18         respectively, to incorporate the amendment made to s.
   19         311.07, F.S., in references thereto; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (2) of section 311.07, Florida
   25  Statutes, is amended to read:
   26         311.07 Florida seaport transportation and economic
   27  development funding.—
   28         (2) Beginning in fiscal year 2025-2026, a minimum of $50
   29  $25 million per year shall be made available from the State
   30  Transportation Trust Fund to fund the Florida Seaport
   31  Transportation and Economic Development Program. The Florida
   32  Seaport Transportation and Economic Development Council created
   33  in s. 311.09 shall develop guidelines for project funding.
   34  Council staff, the Department of Transportation, and the
   35  Department of Economic Opportunity shall work in cooperation to
   36  review projects and allocate funds in accordance with the
   37  schedule required for the Department of Transportation to
   38  include these projects in the tentative work program developed
   39  pursuant to s. 339.135(4).
   40         Section 2. Subsections (9), (12), and (13) of section
   41  311.09, Florida Statutes, are amended to read:
   42         311.09 Florida Seaport Transportation and Economic
   43  Development Council.—
   44         (9) The Department of Transportation shall include at least
   45  $50 $25 million per year in its annual legislative budget
   46  request for the Florida Seaport Transportation and Economic
   47  Development Program funded under s. 311.07. Such budget must
   48  include funding for projects approved by the council which have
   49  been determined by each agency to be consistent. The department
   50  shall include the specific approved Florida Seaport
   51  Transportation and Economic Development Program projects to be
   52  funded under s. 311.07 during the ensuing fiscal year in the
   53  tentative work program developed pursuant to s. 339.135(4). The
   54  total amount of funding to be allocated to Florida Seaport
   55  Transportation and Economic Development Program projects under
   56  s. 311.07 during the successive 4 fiscal years must shall also
   57  be included in the tentative work program developed pursuant to
   58  s. 339.135(4). The council may submit to the department a list
   59  of approved projects that could be made production-ready within
   60  the next 2 years. The department shall submit the list shall be
   61  submitted by the department as part of the needs and project
   62  list prepared pursuant to s. 339.135(2)(b). However, the
   63  department shall, upon written request of the Florida Seaport
   64  Transportation and Economic Development Council, submit work
   65  program amendments pursuant to s. 339.135(7) to the Governor
   66  within 10 days after the later of the date the request is
   67  received by the department or the effective date of the
   68  amendment, termination, or closure of the applicable funding
   69  agreement between the department and the affected seaport, as
   70  required to release the funds from the existing commitment.
   71  Notwithstanding s. 339.135(7)(c), any work program amendment to
   72  transfer prior year funds from one approved seaport project to
   73  another seaport project is subject to the procedures in s.
   74  339.135(7)(d). Notwithstanding any provision of law to the
   75  contrary, the department may transfer unexpended budget between
   76  the seaport projects as identified in the approved work program
   77  amendments.
   78         (12) Until July 1, 2014, Citrus County may apply for a
   79  grant through the Florida Seaport Transportation and Economic
   80  Development Council to perform a feasibility study regarding the
   81  establishment of a port in Citrus County. The council shall
   82  evaluate such application pursuant to subsections (5)-(8) and,
   83  if approved, the Department of Transportation shall include the
   84  feasibility study in its budget request pursuant to subsection
   85  (9). If the study determines that a port in Citrus County is not
   86  feasible, the membership of Port Citrus on the council shall
   87  terminate.
   88         (13) Until July 1, 2024, Putnam County may apply for a
   89  grant through the Florida Seaport Transportation and Economic
   90  Development Council to perform a study examining the economic,
   91  technical, and operational viability of the establishment of a
   92  port in Putnam County. The council shall evaluate the grant
   93  application pursuant to subsections (5)-(8), and, if approved,
   94  the Department of Transportation must include the feasibility
   95  study in its budget request pursuant to subsection (9). The
   96  council shall review the study upon completion to determine if a
   97  port in Putnam County is viable. If the council does not approve
   98  the study, the membership of Putnam County on the council must
   99  terminate.
  100         Section 3. Subsection (1) of section 311.10, Florida
  101  Statutes, is amended to read:
  102         311.10 Strategic Port Investment Initiative.—
  103         (1) There is created the Strategic Port Investment
  104  Initiative within the Department of Transportation. Beginning in
  105  fiscal year 2025-2026 2012-2013, a minimum of $70 $35 million
  106  annually shall be made available from the State Transportation
  107  Trust Fund to fund the Strategic Port Investment Initiative. The
  108  Department of Transportation shall work with the deepwater ports
  109  listed in s. 311.09 to develop and maintain a priority list of
  110  strategic investment projects. Project selection must shall be
  111  based on projects that meet the state’s economic development
  112  goal of becoming a hub for trade, logistics, and export-oriented
  113  activities by doing all of the following:
  114         (a) Providing important access and major on-port capacity
  115  improvements.;
  116         (b) Providing capital improvements to strategically
  117  position the state to maximize opportunities in international
  118  trade, logistics, or the cruise industry.;
  119         (c) Achieving state goals of an integrated intermodal
  120  transportation system.; and
  121         (d) Demonstrating the feasibility and availability of
  122  matching funds through local or private partners.
  123         Section 4. For the purpose of incorporating the amendment
  124  made by this act to section 311.07, Florida Statutes, in
  125  references thereto, subsection (3) of section 320.20, Florida
  126  Statutes, is reenacted to read:
  127         320.20 Disposition of license tax moneys.—The revenue
  128  derived from the registration of motor vehicles, including any
  129  delinquent fees and excluding those revenues collected and
  130  distributed under the provisions of s. 320.081, must be
  131  distributed monthly, as collected, as follows:
  132         (3) Notwithstanding any other provision of law except
  133  subsections (1) and (2), $15 million shall be deposited annually
  134  into the State Transportation Trust Fund solely for the purposes
  135  of funding the Florida Seaport Transportation and Economic
  136  Development Program as provided in chapter 311. Such revenues
  137  shall be distributed on a 50-50 matching basis to any port
  138  listed in s. 311.09(1) to be used for funding projects as
  139  described in s. 311.07(3)(b). Such revenues may be assigned,
  140  pledged, or set aside as a trust for the payment of principal or
  141  interest on bonds, tax anticipation certificates, or any other
  142  form of indebtedness issued by an individual port or appropriate
  143  local government having jurisdiction thereof, or collectively by
  144  interlocal agreement among any of the ports, or used to purchase
  145  credit support to permit such borrowings. However, such debt is
  146  not a general obligation of the state. The state covenants with
  147  holders of such revenue bonds or other instruments of
  148  indebtedness issued that it will not repeal or impair or amend
  149  in any manner that will materially and adversely affect the
  150  rights of such holders so long as bonds authorized by this
  151  section are outstanding. Any revenues that are not pledged to
  152  the repayment of bonds authorized by this section may be used
  153  for purposes authorized under the Florida Seaport Transportation
  154  and Economic Development Program. This revenue source is in
  155  addition to any amounts provided and appropriated in accordance
  156  with s. 311.07. The Florida Seaport Transportation and Economic
  157  Development Council shall approve the distribution of funds to
  158  ports for projects that have been approved pursuant to s.
  159  311.09(5)-(8). The council and the Department of Transportation
  160  may perform acts required to facilitate and implement this
  161  subsection. To better enable the ports to cooperate to their
  162  mutual advantage, the governing body of each port may exercise
  163  powers provided to municipalities or counties in s. 163.01(7)(d)
  164  subject to chapter 311 and special acts, if any, pertaining to a
  165  port. The use of funds provided pursuant to this subsection are
  166  limited to eligible projects listed in this subsection. Income
  167  derived from a project completed with the use of program funds,
  168  beyond operating costs and debt service, is restricted solely to
  169  further port capital improvements consistent with maritime
  170  purposes. Use of such income for nonmaritime purposes is
  171  prohibited. The revenues available under this subsection may not
  172  be pledged to the payment of any bonds other than the Florida
  173  Ports Financing Commission Series 1996 and Series 1999 Bonds
  174  currently outstanding; however, such revenues may be pledged to
  175  secure payment of refunding bonds to refinance the Florida Ports
  176  Financing Commission Series 1996 and Series 1999 Bonds.
  177  Refunding bonds secured by revenues available under this
  178  subsection may not be issued with a final maturity later than
  179  the final maturity of the Florida Ports Financing Commission
  180  Series 1996 and Series 1999 Bonds or which provide for higher
  181  debt service in any year than is currently payable on such
  182  bonds. Any revenue bonds or other indebtedness issued after July
  183  1, 2000, other than refunding bonds shall be issued by the
  184  Division of Bond Finance at the request of the Department of
  185  Transportation pursuant to the State Bond Act.
  186         Section 5. For the purpose of incorporating the amendment
  187  made by this act to section 311.07, Florida Statutes, in a
  188  reference thereto, paragraph (f) of subsection (1) of section
  189  339.0801, Florida Statutes, is reenacted to read:
  190         339.0801 Allocation of increased revenues derived from
  191  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  192  from increased revenues to the State Transportation Trust Fund
  193  derived from the amendments to s. 319.32(5)(a) made by this act
  194  must be used annually, first as set forth in subsection (1) and
  195  then as set forth in subsections (2)-(5), notwithstanding any
  196  other provision of law:
  197         (1)
  198         (f) Any revenues that are not used for the payment of bonds
  199  as authorized by this subsection may be used for purposes
  200  authorized under the Florida Seaport Transportation and Economic
  201  Development Program. This revenue source is in addition to any
  202  amounts provided for and appropriated in accordance with ss.
  203  311.07 and 320.20(3) and (4).
  204         Section 6. This act shall take effect July 1, 2023.

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