Bill Text: FL H0399 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Infrastructure Investment

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1002 [H0399 Detail]

Download: Florida-2011-H0399-Introduced.html

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HB 399

1	A bill to be entitled
2	An act relating to seaports; amending s. 311.07, F.S.;
3	increasing the amount of funds the Department of
4	Transportation is required to make available for the
5	Florida Seaport Transportation and Economic Development
6	Program; requiring the Florida Seaport Transportation and
7	Economic Development Council and the Assistant Secretary
8	of Intermodal Systems Development of the Department of
9	Transportation to identify certain state funds for the
10	purpose of funding the program; amending s. 311.09, F.S.;
11	increasing the amount of funding the department is
12	required to include in its annual legislative budget
13	request for the Florida Seaport Transportation and
14	Economic Development grant program; requiring the council
15	and the assistant secretary to identify certain state
16	funds for the purpose of funding the program; creating s.
17	311.23, F.S.; establishing the Florida seaport
18	infrastructure bank within the Florida Seaport
19	Transportation and Economic Development Program to provide
20	loans and credit enhancements to certain deepwater
21	seaports and private entities for specified projects;
22	amending s. 320.20, F.S.; revising provisions for the
23	repayment of bonds relating to the Florida Seaport
24	Transportation and Economic Development Program; providing
25	for certain revenue bonds and other indebtedness relating
26	to the program to be issued by the Florida Ports Financing
27	Commission; providing requirements and procedures with
28	respect to funding for certain freight mobility projects;
29	amending s. 320.203, F.S.; conforming cross-references;
30	amending s. 373.406, F.S.; exempting overwater piers,
31	docks, and structures located in deepwater ports from
32	stormwater management system requirements under specified
33	conditions; amending s. 373.4133, F.S.; requiring the
34	Department of Environmental Protection to issue a notice
35	of intent for a port conceptual permit within a specified
36	time; providing that a notice of intent to issue such
37	permit creates a rebuttable presumption of compliance with
38	specified standards and authorization; providing a
39	standard for overcoming such a presumption; requiring the
40	department to issue certain permits within a specified
41	time and to notify specified entities of certain
42	compliance; providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsection (2) of section 311.07, Florida
47	Statutes, is amended to read:
48	311.07  Florida seaport transportation and economic
49	development funding.-
50	(2)  Beginning July 1, 2012, a minimum of $20 $8 million
51	per year shall be made available from the State Transportation
52	Trust Fund to fund the Florida Seaport Transportation and
53	Economic Development Program. Beginning July 1, 2013, the
54	Florida Seaport Transportation and Economic Development Council
55	and the Assistant Secretary for Intermodal Systems Development
56	shall identify a minimum of $50 million per year in state funds
57	that can be made available to fund the Florida Seaport
58	Transportation and Economic Development Program.
59	Section 2.  Subsection (10) of section 311.09, Florida
60	Statutes, is amended to read:
61	311.09  Florida Seaport Transportation and Economic
62	Development Council.-
63	(10)(a)  Beginning July 1, 2012, the Department of
64	Transportation shall include in its annual legislative budget
65	request a Florida Seaport Transportation and Economic
66	Development grant program for expenditure of funds of not less
67	than $20 $8 million per year. Such budget shall include funding
68	for projects approved by the council which have been determined
69	by each agency to be consistent and which have been determined
70	by the Office of Tourism, Trade, and Economic Development to be
71	economically beneficial. The department shall include the
72	specific approved seaport projects to be funded under this
73	section during the ensuing fiscal year in the tentative work
74	program developed pursuant to s. 339.135(4). The total amount of
75	funding to be allocated to seaport projects under s. 311.07
76	during the successive 4 fiscal years shall also be included in
77	the tentative work program developed pursuant to s. 339.135(4).
78	The council may submit to the department a list of approved
79	projects that could be made production-ready within the next 2
80	years. The list shall be submitted by the department as part of
81	the needs and project list prepared pursuant to s.
82	339.135(2)(b). However, the department shall, upon written
83	request of the Florida Seaport Transportation and Economic
84	Development Council, submit work program amendments pursuant to
85	s. 339.135(7) to the Governor within 10 days after the later of
86	the date the request is received by the department or the
87	effective date of the amendment, termination, or closure of the
88	applicable funding agreement between the department and the
89	affected seaport, as required to release the funds from the
90	existing commitment. Notwithstanding s. 339.135(7)(c), any work
91	program amendment to transfer prior year funds from one approved
92	seaport project to another seaport project is subject to the
93	procedures in s. 339.135(7)(d). Notwithstanding any provision of
94	law to the contrary, the department may transfer unexpended
95	budget between the seaport projects as identified in the
96	approved work program amendments.
97	(b)  Beginning July 1, 2013, the council and the Assistant
98	Secretary for Intermodal Systems Development shall identify a
99	minimum of $50 million per year in state funds that can be made
100	available to fund the Florida Seaport Transportation and
101	Economic Development Program.
102	Section 3.  Section 311.23, Florida Statutes, is created to
103	read:
104	311.23  Florida seaport infrastructure bank.-
105	(1)  There is created within the Florida Seaport
106	Transportation and Economic Development Program an
107	infrastructure bank for the purpose of providing loans and
108	credit enhancements to deepwater seaports listed in s. 311.09
109	and private entities operating in such seaports for use in
110	constructing and improving port transportation and port
111	facilities projects that improve the movement and intermodal
112	transportation of cargo and passengers in commerce and trade.
113	(2)  The bank may lend capital costs or provide credit
114	enhancements for:
115	(a)  Port transportation or port facilities projects that:
116	1.  Are approved pursuant to s. 311.09.
117	2.  Are on the State Intermodal System.
118	3.  Provide intermodal connectivity with airports,
119	roadways, rail facilities, and other transportation terminals,
120	pursuant to s. 341.053, for the movement of people and goods.
121	(b)1.  Emergency loans for damages incurred to deepwater
122	seaports listed in s. 311.09 that are within an area that is
123	part of an official state declaration of emergency pursuant to
124	chapter 252 and all other applicable laws. Such loans:
125	a.  May not exceed 24 months in duration except in extreme
126	circumstances, for which the chair of the Florida Seaport
127	Transportation and Economic Development Council may grant up to
128	36 months upon making written findings specifying the conditions
129	requiring a 36-month term.
130	b.  Require application from the recipient to the council
131	that includes documentation of damage claims filed with the
132	Federal Emergency Management Agency or an applicable insurance
133	carrier and documentation of the recipient's overall financial
134	condition.
135	2.  Loans provided under this paragraph must be repaid upon
136	receipt by the recipient of eligible program funding for damages
137	in accordance with the claims filed with the Federal Emergency
138	Management Agency or an applicable insurance carrier, but no
139	later than the duration of the loan.
140	(3)  Loans from the bank may be subordinated to senior
141	project debt that has an investment grade rating of "BBB" or
142	higher.
143	(4)  Loans from the bank may bear interest at or below
144	market interest rates, as determined by the council. Repayment
145	of any loan shall commence not later than 5 years after the
146	project has been completed, except for loans provided under
147	paragraph (2)(b), which shall be repaid within 36 months.
148	(5)  To be eligible for consideration, projects must be
149	approved as eligible for funding by the council pursuant to s.
150	311.09 and must provide a dedicated repayment source to ensure
151	the loan is repaid to the bank.
152	(6)  In addition to the requirements of s. 311.09, the
153	council may consider, but is not limited to, the following
154	criteria for evaluation of projects for assistance from the
155	bank:
156	(a)  The credit worthiness of the project.
157	(b)  The likelihood that assistance would enable the
158	project to proceed at an earlier date than would otherwise be
159	possible.
160	(c)  The extent to which assistance would foster innovative
161	public-private partnerships and attract private debt or equity
162	investment.
163	(d)  The amount of the proposed assistance as a percentage
164	of the overall project costs with emphasis on local and private
165	participation.
166	(e)  The extent to which damage from a disaster that
167	results in a declaration of emergency has impacted a deepwater
168	seaport's ability to maintain its previous level of service and
169	remain accessible to the public or has had a major impact on the
170	cash flow or revenue-generation ability of the facility.
171	(7)  The council may adopt rules to implement the seaport
172	infrastructure bank.
173	(8)  The council may use any available funds appropriated
174	by the Legislature pursuant to s. 311.07 or s. 320.20 for the
175	purposes of the seaport infrastructure bank.
176	Section 4.  Subsections (3) and (4) of section 320.20,
177	Florida Statutes, are amended, subsection (5) is renumbered as
178	subsection (6), and a new subsection (5) is added to that
179	section, to read:
180	320.20  Disposition of license tax moneys.-The revenue
181	derived from the registration of motor vehicles, including any
182	delinquent fees and excluding those revenues collected and
183	distributed under the provisions of s. 320.081, must be
184	distributed monthly, as collected, as follows:
185	(3)  Notwithstanding any other provision of law except
186	subsections (1) and (2), on July 1, 1996, and annually
187	thereafter, $15 million shall be deposited in the State
188	Transportation Trust Fund solely for the purposes of funding the
189	Florida Seaport Transportation and Economic Development Program
190	as provided for in chapter 311. Such revenues shall be
191	distributed on a 50-50 matching basis to any port listed in s.
192	311.09(1) to be used for funding projects as described in s.
193	311.07(3)(b). Such revenues may be assigned, pledged, or set
194	aside as a trust for the payment of principal or interest on
195	bonds, tax anticipation certificates, or any other form of
196	indebtedness issued by an individual port or appropriate local
197	government having jurisdiction thereof, or collectively by
198	interlocal agreement among any of the ports, or used to purchase
199	credit support to permit such borrowings. However, such debt
200	shall not constitute a general obligation of the State of
201	Florida. The state does hereby covenant with holders of such
202	revenue bonds or other instruments of indebtedness issued
203	hereunder that it will not repeal or impair or amend in any
204	manner which will materially and adversely affect the rights of
205	such holders so long as bonds authorized by this section are
206	outstanding. Any revenues which are not pledged to the repayment
207	of bonds as authorized by this section may be utilized for
208	purposes authorized under the Florida Seaport Transportation and
209	Economic Development Program. This revenue source is in addition
210	to any amounts provided for and appropriated in accordance with
211	s. 311.07. The Florida Seaport Transportation and Economic
212	Development Council shall approve distribution of funds to ports
213	for projects which have been approved pursuant to s. 311.09(5)-
214	(9). The council and the Department of Transportation are
215	authorized to perform such acts as are required to facilitate
216	and implement the provisions of this subsection. To better
217	enable the ports to cooperate to their mutual advantage, the
218	governing body of each port may exercise powers provided to
219	municipalities or counties in s. 163.01(7)(d) subject to the
220	provisions of chapter 311 and special acts, if any, pertaining
221	to a port. The use of funds provided pursuant to this subsection
222	are limited to eligible projects listed in this subsection.
223	Income derived from a project completed with the use of program
224	funds, beyond operating costs and debt service, shall be
225	restricted to further port capital improvements consistent with
226	maritime purposes and for no other purpose. Use of such income
227	for nonmaritime purposes is prohibited. The provisions of s.
228	311.07(4) do not apply to any funds received pursuant to this
229	subsection. The revenues available under this subsection shall
230	not be pledged to the payment of any bonds other than the
231	Florida Ports Financing Commission Series 1996 and Series 1999
232	Bonds currently outstanding; provided, however, such revenues
233	may be pledged to secure payment of refunding bonds to refinance
234	the Florida Ports Financing Commission Series 1996 and Series
235	1999 Bonds. No refunding bonds secured by revenues available
236	under this subsection may be issued with a final maturity later
237	than the final maturity of the Florida Ports Financing
238	Commission Series 1996 and Series 1999 Bonds or which provide
239	for higher debt service in any year than is currently payable on
240	such bonds. Any revenue bonds or other indebtedness issued after
241	July 1, 2011 2000, other than refunding bonds shall be issued by
242	the Florida Ports Financing Commission in such a manner as to
243	ensure that the greatest amount of revenue is available for
244	eligible ports projects. The commission may consult with the
245	Division of Bond Finance relating to the issuance of any revenue
246	bonds at the request of the Department of Transportation
247	pursuant to the State Bond Act.
248	(4)  Notwithstanding any other provision of law except
249	subsections (1), (2), and (3), on July 1, 1999, and annually
250	thereafter, $10 million shall be deposited in the State
251	Transportation Trust Fund solely for the purposes of funding the
252	Florida Seaport Transportation and Economic Development Program
253	as provided in chapter 311 and for funding seaport intermodal
254	access projects of statewide significance as provided in s.
255	341.053. Such revenues shall be distributed to any port listed
256	in s. 311.09(1), to be used for funding projects as follows:
257	(a)  For any seaport intermodal access projects that are
258	identified in the 1997-1998 Tentative Work Program of the
259	Department of Transportation, up to the amounts needed to offset
260	the funding requirements of this section.
261	(b)  For seaport intermodal access projects as described in
262	s. 341.053(5) that are identified in the 5-year Florida Seaport
263	Mission Plan as provided in s. 311.09(3). Funding for such
264	projects shall be on a matching basis as mutually determined by
265	the Florida Seaport Transportation and Economic Development
266	Council and the Department of Transportation, provided a minimum
267	of 25 percent of total project funds shall come from any port
268	funds, local funds, private funds, or specifically earmarked
269	federal funds.
270	(c)  On a 50-50 matching basis for projects as described in
271	s. 311.07(3)(b).
272	(d)  For seaport intermodal access projects that involve
273	the dredging or deepening of channels, turning basins, or
274	harbors; or the rehabilitation of wharves, docks, or similar
275	structures. Funding for such projects shall require a 25 percent
276	match of the funds received pursuant to this subsection.
277	Matching funds shall come from any port funds, federal funds,
278	local funds, or private funds.
279
280	Such revenues may be assigned, pledged, or set aside as a trust
281	for the payment of principal or interest on bonds, tax
282	anticipation certificates, or any other form of indebtedness
283	issued by an individual port or appropriate local government
284	having jurisdiction thereof, or collectively by interlocal
285	agreement among any of the ports, or used to purchase credit
286	support to permit such borrowings. However, such debt shall not
287	constitute a general obligation of the state. This state does
288	hereby covenant with holders of such revenue bonds or other
289	instruments of indebtedness issued hereunder that it will not
290	repeal or impair or amend this subsection in any manner which
291	will materially and adversely affect the rights of holders so
292	long as bonds authorized by this subsection are outstanding. Any
293	revenues that are not pledged to the repayment of bonds as
294	authorized by this section may be utilized for purposes
295	authorized under the Florida Seaport Transportation and Economic
296	Development Program. This revenue source is in addition to any
297	amounts provided for and appropriated in accordance with s.
298	311.07 and subsection (3). The Florida Seaport Transportation
299	and Economic Development Council shall approve distribution of
300	funds to ports for projects that have been approved pursuant to
301	s. 311.09(5)-(9), or for seaport intermodal access projects
302	identified in the 5-year Florida Seaport Mission Plan as
303	provided in s. 311.09(3) and mutually agreed upon by the FSTED
304	Council and the Department of Transportation. All contracts for
305	actual construction of projects authorized by this subsection
306	must include a provision encouraging employment of participants
307	in the welfare transition program. The goal for employment of
308	participants in the welfare transition program is 25 percent of
309	all new employees employed specifically for the project, unless
310	the Department of Transportation and the Florida Seaport
311	Transportation and Economic Development Council demonstrate that
312	such a requirement would severely hamper the successful
313	completion of the project. In such an instance, Workforce
314	Florida, Inc., shall establish an appropriate percentage of
315	employees that must be participants in the welfare transition
316	program. The council and the Department of Transportation are
317	authorized to perform such acts as are required to facilitate
318	and implement the provisions of this subsection. To better
319	enable the ports to cooperate to their mutual advantage, the
320	governing body of each port may exercise powers provided to
321	municipalities or counties in s. 163.01(7)(d) subject to the
322	provisions of chapter 311 and special acts, if any, pertaining
323	to a port. The use of funds provided pursuant to this subsection
324	is limited to eligible projects listed in this subsection. The
325	provisions of s. 311.07(4) do not apply to any funds received
326	pursuant to this subsection. The revenues available under this
327	subsection shall not be pledged to the payment of any bonds
328	other than the Florida Ports Financing Commission Series 1996
329	and Series 1999 Bonds currently outstanding; provided, however,
330	such revenues may be pledged to secure payment of refunding
331	bonds to refinance the Florida Ports Financing Commission Series
332	1996 and Series 1999 Bonds. No refunding bonds secured by
333	revenues available under this subsection may be issued with a
334	final maturity later than the final maturity of the Florida
335	Ports Financing Commission Series 1996 and Series 1999 Bonds or
336	which provide for higher debt service in any year than is
337	currently payable on such bonds. Any revenue bonds or other
338	indebtedness issued after July 1, 2011 2000, other than
339	refunding bonds shall be issued by the Florida Ports Financing
340	Commission in such a manner as to ensure that the greatest
341	amount of revenue is available for eligible ports projects. The
342	commission may consult with the Division of Bond Finance
343	relating to the issuance of any revenue bonds at the request of
344	the Department of Transportation pursuant to the State Bond Act.
345	(5)(a)  Notwithstanding any other provision of law except
346	subsections (1), (2), (3), and (4), on July 1, 2014, and
347	annually thereafter, $10 million shall be deposited, subject to
348	appropriation, in the State Transportation Trust Fund solely for
349	the purpose of funding freight mobility projects that improve
350	throughput or provide long-term congestion relief for freight
351	movement for a part of the state's transportation network and
352	improve economic productivity for the state or the region in
353	which the projects are located.
354	(b)  Freight mobility projects shall include on-port
355	projects identified by the Florida Seaport Transportation and
356	Economic Development Council that meet the Department of
357	Transportation's Strategic Intermodal System criteria or are
358	regionally significant freight projects that are eligible for
359	federal dollars consistent with criteria developed for federal
360	freight transportation grant programs.
361	(c)  The revenues shall be distributed to any port listed
362	in s. 311.09(1) to be used for funding such projects. Funding
363	shall require at least a 25 percent match of funds received
364	pursuant to this subsection. Matching funds must come from any
365	available port funds, federal funds, local funds, or private
366	funds.
367
368	Such revenues may be assigned, pledged, or set aside as a trust
369	for the payment of principal or interest on bonds, tax
370	anticipation certificates, or any other form of indebtedness
371	issued by an individual port or appropriate local government
372	having jurisdiction thereof, or collectively by interlocal
373	agreement among any of the ports, or used to purchase credit
374	support to permit such borrowings. However, such debt does not
375	constitute a general obligation of the state. The state
376	covenants with holders of such bonds that it will not repeal or
377	impair or amend this subsection in any manner that materially
378	and adversely affects the rights of holders so long as bonds
379	authorized by this subsection are outstanding. Any revenues that
380	are not pledged for the repayment of bonds may be used for
381	purposes authorized under the Florida Seaport Transportation and
382	Economic Development Program. This is in addition to any amounts
383	provided for and appropriated in accordance with s. 311.07 and
384	subsections (3) and (4). The Florida Seaport Transportation and
385	Economic Development Council shall submit to the Department of
386	Transportation a list of strategic freight mobility projects
387	that contribute to the economic productivity of the state and
388	that have been approved pursuant to s. 311.09(5)-(9). The
389	council and the Department of Transportation shall mutually
390	agree upon the prioritization and selection of projects for
391	funding. The Department of Transportation shall include the
392	selected projects for funding in the tentative work program
393	developed pursuant to s. 339.135. The council and the Department
394	of Transportation may perform such acts as are required to
395	facilitate and implement this subsection, including the funding
396	of approved projects through the use of other state funding
397	programs, local contributions from seaports, public-private
398	partnerships, and other non-federal contributions that can be
399	used to leverage federal investments. To better enable the ports
400	to cooperate for their mutual advantage, the governing body of
401	each port may exercise powers provided to municipalities or
402	counties in s. 163.01(7)(d), subject to chapter 311 and any
403	special acts pertaining to the port. The use of funds provided
404	under this subsection is limited to eligible projects listed in
405	this subsection. Any revenue bonds or other indebtedness issued
406	pursuant to this subsection shall be issued by the Florida Ports
407	Financing Commission in such a manner as to ensure that the
408	greatest amount of revenue is available for eligible port
409	projects. The commission may consult with the Division of Bond
410	Finance relating to the issuance of any revenue bonds.
411	Section 5.  Subsection (1) of section 320.203, Florida
412	Statutes, is amended to read:
413	320.203  Disposition of biennial license tax moneys.-
414	(1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
415	(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
416	and pursuant to s. 216.351, after the provisions of s.
417	320.20(1), (2), (3), (4), and (5), and (6) are fulfilled, an
418	amount equal to 50 percent of revenues collected from the
419	biennial registrations created in s. 320.07 shall be retained in
420	the Motor Vehicle License Clearing Trust Fund, authorized in s.
421	215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
422	fiscal year, an amount equal to 50 percent of revenues collected
423	from the biennial registrations created in s. 320.07 shall be
424	distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
425	(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
426	320.20(1), (2), (3), (4), and (5), and (6).
427	Section 6.  Subsection (12) is added to section 373.406,
428	Florida Statutes, to read:
429	373.406  Exemptions.-The following exemptions shall apply:
430	(12)  All overwater piers, docks, and similar structures
431	located in a deepwater port listed in s. 311.09 are not part of
432	a stormwater management system and are not impervious under this
433	chapter or chapter 403 if the port has a Stormwater Pollution
434	Prevention Plan pursuant to the National Pollutant Discharge
435	Elimination System Program.
436	Section 7.  Subsection (8) of section 373.4133, Florida
437	Statutes, is amended to read:
438	373.4133  Port conceptual permits.-
439	(8)  Except as otherwise provided in this section, the
440	following procedures apply to the approval or denial of an
441	application for a port conceptual permit or a final permit or
442	authorization:
443	(a)  Applications for a port conceptual permit, including
444	any request for the conceptual approval of the use of
445	sovereignty submerged lands, shall be processed in accordance
446	with the provisions of ss. 373.427 and 120.60. However, if the
447	applicant believes that any request for additional information
448	is not authorized by law or agency rule, the applicant may
449	request an informal hearing pursuant to s. 120.57(2) before the
450	Secretary of Environmental Protection to determine whether the
451	application is complete.
452	(b)  Notwithstanding any other provision of law, the
453	department shall issue a notice of intent within 30 days after
454	receipt of an application for a port conceptual permit. Upon
455	issuance of the department's notice of intent to issue or deny a
456	port conceptual permit, the applicant shall publish a one-time
457	notice of such intent, prepared by the department, in the
458	newspaper with the largest general circulation in the county or
459	counties where the port is located.
460	(c)  A notice of intent to issue a port conceptual permit
461	creates a rebuttable presumption that development of the port or
462	private facilities consistent with the approved port master plan
463	complies with all applicable standards for issuance of a
464	conceptual permit, an environmental resource permit, and
465	sovereign lands authorization pursuant to chapters 161, 253,
466	373, and 403. The presumption may be overcome only by clear and
467	convincing evidence.
468	(d)  Upon issuance and finalization of a port conceptual
469	permit, and, if necessary, an environmental resource permit or
470	sovereign lands authorization pursuant to this section, the
471	department shall notify the United States Army Corps of
472	Engineers that the applicant is in compliance with all state
473	water quality and regulatory requirements and shall issue any
474	requested construction permit within 30 days after receipt of
475	the request.
476	(e)(c)  Final agency action on a port conceptual permit is
477	subject to challenge pursuant to ss. 120.569 and 120.57.
478	However, final agency action to authorize subsequent
479	construction of facilities contained in a port conceptual permit
480	may only be challenged by a third party for consistency with the
481	port conceptual permit.
482	(f)(d)  A person who will be substantially affected by a
483	final agency action described in paragraph (e) (c) must initiate
484	administrative proceedings pursuant to ss. 120.569 and 120.57
485	within 21 days after the publication of the notice of the
486	proposed action. If administrative proceedings are requested,
487	the proceedings are subject to the summary hearing provisions of
488	s. 120.574. However, if the decision of the administrative law
489	judge will be a recommended order rather than a final order, a
490	summary proceeding must be conducted within 90 days after a
491	party files a motion for summary hearing, regardless of whether
492	the parties agree to the summary proceeding.
493	Section 8.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.