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