Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 714



       By Senator Wright





       8-00700-24                                             2024714__
                      A bill to be entitled                      
       An act relating to seaports; amending s. 311.07, F.S.;
       revising the minimum amount of funds to be made
       available for the Florida Seaport Transportation and
       Economic Development Program from the State
       Transportation Trust Fund beginning in a specified
       fiscal year; amending s. 311.09, F.S.; revising the
       amount the Department of Transportation is required to
       include in its annual legislative budget request for
       the program; deleting obsolete language; amending s.
       311.10, F.S.; revising the amount of funds to be made
       available from the State Transportation Trust Fund to
       fund the Strategic Port Investment Initiative
       beginning in a specified fiscal year; reenacting ss.
       320.20(3) and 339.0801(1)(f), F.S., relating to the
       disposition of license tax moneys and the allocation
       of increased revenues from certain provisions,
       respectively, to incorporate the amendment made to s.
       311.07, F.S., in references thereto; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (2) of section 311.07, Florida
Statutes, is amended to read:
       311.07 Florida seaport transportation and economic
development funding.—
       (2) Beginning in the 2026-2027 fiscal year, a minimum of
$50 $25 million per year shall be made available from the State
Transportation Trust Fund to fund the Florida Seaport
Transportation and Economic Development Program. The Florida
Seaport Transportation and Economic Development Council created
in s. 311.09 shall develop guidelines for project funding.
Council staff, the Department of Transportation, and the
Department of Economic Opportunity shall work in cooperation to
review projects and allocate funds in accordance with the
schedule required for the Department of Transportation to
include these projects in the tentative work program developed
pursuant to s. 339.135(4).
       Section 2. Subsections (9), (12), and (13) of section
311.09, Florida Statutes, are amended to read:
       311.09 Florida Seaport Transportation and Economic
Development Council.—
       (9) The Department of Transportation shall include at least
$50 $25 million per year in its annual legislative budget
request for the Florida Seaport Transportation and Economic
Development Program funded under s. 311.07. Such budget must
include funding for projects approved by the council which have
been determined by each agency to be consistent. The department
shall include the specific approved Florida Seaport
Transportation and Economic Development Program projects to be
funded under s. 311.07 during the ensuing fiscal year in the
tentative work program developed pursuant to s. 339.135(4). The
total amount of funding to be allocated to Florida Seaport
Transportation and Economic Development Program projects under
s. 311.07 during the successive 4 fiscal years must shall also
be included in the tentative work program developed pursuant to
s. 339.135(4). The council may submit to the department a list
of approved projects that could be made production-ready within
the next 2 years. The department shall submit the list shall be
submitted by the department as part of the needs and project
list prepared pursuant to s. 339.135(2)(b). However, the
department shall, upon written request of the Florida Seaport
Transportation and Economic Development Council, submit work
program amendments pursuant to s. 339.135(7) to the Governor
within 10 days after the later of the date the request is
received by the department or the effective date of the
amendment, termination, or closure of the applicable funding
agreement between the department and the affected seaport, as
required to release the funds from the existing commitment.
Notwithstanding s. 339.135(7)(c), any work program amendment to
transfer prior year funds from one approved seaport project to
another seaport project is subject to the procedures in s.
339.135(7)(d). Notwithstanding any provision of law to the
contrary, the department may transfer unexpended budget between
the seaport projects as identified in the approved work program
amendments.
       (12) Until July 1, 2014, Citrus County may apply for a
grant through the Florida Seaport Transportation and Economic
Development Council to perform a feasibility study regarding the
establishment of a port in Citrus County. The council shall
evaluate such application pursuant to subsections (5)-(8) and,
if approved, the Department of Transportation shall include the
feasibility study in its budget request pursuant to subsection
(9). If the study determines that a port in Citrus County is not
feasible, the membership of Port Citrus on the council shall
terminate.
       (13) Until July 1, 2024, Putnam County may apply for a
grant through the Florida Seaport Transportation and Economic
Development Council to perform a study examining the economic,
technical, and operational viability of the establishment of a
port in Putnam County. The council shall evaluate the grant
application pursuant to subsections (5)-(8), and, if approved,
the Department of Transportation must include the feasibility
study in its budget request pursuant to subsection (9). The
council shall review the study upon completion to determine if a
port in Putnam County is viable. If the council does not approve
the study, the membership of Putnam County on the council must
terminate.
       Section 3. Subsection (1) of section 311.10, Florida
Statutes, is amended to read:
       311.10 Strategic Port Investment Initiative.—
       (1) There is created the Strategic Port Investment
Initiative within the Department of Transportation. Beginning in
the 2026-2027 fiscal year 2012-2013, a minimum of $70 $35
million annually shall be made available from the State
Transportation Trust Fund to fund the Strategic Port Investment
Initiative. The Department of Transportation shall work with the
deepwater ports listed in s. 311.09 to develop and maintain a
priority list of strategic investment projects. Project
selection must shall be based on projects that meet the state’s
economic development goal of becoming a hub for trade,
logistics, and export-oriented activities by doing all of the
following:
       (a) Providing important access and major on-port capacity
improvements.;
       (b) Providing capital improvements to strategically
position the state to maximize opportunities in international
trade, logistics, or the cruise industry.;
       (c) Achieving state goals of an integrated intermodal
transportation system.; and
       (d) Demonstrating the feasibility and availability of
matching funds through local or private partners.
       Section 4. For the purpose of incorporating the amendment
made by this act to section 311.07, Florida Statutes, in
references thereto, subsection (3) of section 320.20, Florida
Statutes, is reenacted to read:
       320.20 Disposition of license tax moneys.—The revenue
derived from the registration of motor vehicles, including any
delinquent fees and excluding those revenues collected and
distributed under the provisions of s. 320.081, must be
distributed monthly, as collected, as follows:
       (3) Notwithstanding any other provision of law except
subsections (1) and (2), $15 million shall be deposited annually
into the State Transportation Trust Fund solely for the purposes
of funding the Florida Seaport Transportation and Economic
Development Program as provided in chapter 311. Such revenues
shall be distributed on a 50-50 matching basis to any port
listed in s. 311.09(1) to be used for funding projects as
described in s. 311.07(3)(b). Such revenues may be assigned,
pledged, or set aside as a trust for the payment of principal or
interest on bonds, tax anticipation certificates, or any other
form of indebtedness issued by an individual port or appropriate
local government having jurisdiction thereof, or collectively by
interlocal agreement among any of the ports, or used to purchase
credit support to permit such borrowings. However, such debt is
not a general obligation of the state. The state covenants with
holders of such revenue bonds or other instruments of
indebtedness issued that it will not repeal or impair or amend
in any manner that will materially and adversely affect the
rights of such holders so long as bonds authorized by this
section are outstanding. Any revenues that are not pledged to
the repayment of bonds authorized by this section may be used
for purposes authorized under the Florida Seaport Transportation
and Economic Development Program. This revenue source is in
addition to any amounts provided and appropriated in accordance
with s. 311.07. The Florida Seaport Transportation and Economic
Development Council shall approve the distribution of funds to
ports for projects that have been approved pursuant to s.
311.09(5)-(8). The council and the Department of Transportation
may perform acts required to facilitate and implement this
subsection. To better enable the ports to cooperate to their
mutual advantage, the governing body of each port may exercise
powers provided to municipalities or counties in s. 163.01(7)(d)
subject to chapter 311 and special acts, if any, pertaining to a
port. The use of funds provided pursuant to this subsection are
limited to eligible projects listed in this subsection. Income
derived from a project completed with the use of program funds,
beyond operating costs and debt service, is restricted solely to
further port capital improvements consistent with maritime
purposes. Use of such income for nonmaritime purposes is
prohibited. The revenues available under this subsection may not
be pledged to the payment of any bonds other than the Florida
Ports Financing Commission Series 1996 and Series 1999 Bonds
currently outstanding; however, such revenues may be pledged to
secure payment of refunding bonds to refinance the Florida Ports
Financing Commission Series 1996 and Series 1999 Bonds.
Refunding bonds secured by revenues available under this
subsection may not be issued with a final maturity later than
the final maturity of the Florida Ports Financing Commission
Series 1996 and Series 1999 Bonds or which provide for higher
debt service in any year than is currently payable on such
bonds. Any revenue bonds or other indebtedness issued after July
1, 2000, other than refunding bonds shall be issued by the
Division of Bond Finance at the request of the Department of
Transportation pursuant to the State Bond Act.
       Section 5. For the purpose of incorporating the amendment
made by this act to section 311.07, Florida Statutes, in a
reference thereto, paragraph (f) of subsection (1) of section
339.0801, Florida Statutes, is reenacted to read:
       339.0801 Allocation of increased revenues derived from
amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
from increased revenues to the State Transportation Trust Fund
derived from the amendments to s. 319.32(5)(a) made by this act
must be used annually, first as set forth in subsection (1) and
then as set forth in subsections (2)-(4), notwithstanding any
other provision of law:
       (1)
       (f) Any revenues that are not used for the payment of bonds
as authorized by this subsection may be used for purposes
authorized under the Florida Seaport Transportation and Economic
Development Program. This revenue source is in addition to any
amounts provided for and appropriated in accordance with ss.
311.07 and 320.20(3) and (4).
       Section 6. This act shall take effect July 1, 2024.
Statutes affected: 
S 714 Filed: 311.07, 311.10