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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida Seaport Transportation 2
and Economic Development Council; amending s. 311.09, 3
F.S.; revising the membership of the Florida Seaport 4
Transportation and Economic Development Council to 5
include a representative of Putnam County; a uthorizing 6
Putnam County to apply for a grant for a port 7
feasibility study through the Florida Seaport 8
Transportation and Economic Development Council; 9
providing for the evaluation of the application; 10
requiring the Department of Transportation to include 11
the study in its budget request under certain 12
circumstances; terminating the membership of Putnam 13
County on the council under certain circumstances; 14
reenacting ss. 163.3178(2)(k), (5), and (6), 15
189.068(6), 311.07(1) and (3)(a) and (b), 311.091, 16
311.10(1) and (2), 311.101(2), 311.12(2)(a), (3), and 17
(6)(a), 311.121(2) and (3)(a), 311.14(1), 315.18, 18
320.20(3) and (4), 334.27(1), 337.14(7), 373.406(12), 19
373.4133(2) and (10), 373.4136(6)(d), and 403.061(38) 20
and (39), F.S., relating to coastal management, the 21
oversight of deepwater ports, Florida seaport 22
transportation and economic development funding, entry 23
into public-private infrastructure project agreements 24
for port-related public infrastructure projects, the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Strategic Port Investment Initiative within the 26
department, the Intermodal Logistics Center 27
Infrastructure Support Program, seaport security, 28
licensed security officers at Florida seaports, 29
seaport planning, the confidentiality of certain 30
records held by deepwater ports, the disposition of 31
license tax moneys, the definition of the term 32
"governmental transportation entity," seaport 33
contractor services, exemptions for overwater piers, 34
docks, or similar structures in deepwater ports, port 35
conceptual permits, the authorized use of mitigation 36
banks, and the dutie s of the Department of 37
Environmental Protection in providing environmental 38
resource permits, respectively, to incorporate the 39
amendment made to s. 311.09, F.S., in references 40
thereto; providing an effective date. 41
42
Be It Enacted by the Legislature of the State of Florida: 43
44
Section 1. Subsection (1) of section 311.09, Florida 45
Statutes, is amended, and subsection (13) is added to that 46
section, to read: 47
311.09 Florida Seaport Transportation and Economic 48
Development Council. — 49
(1) The Florida Seapor t Transportation and Economic 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Development Council is created within the Department of 51
Transportation. The council consists of the following 18 17 52
members: the port director, or the port director's designee, of 53
each of the ports of Jacksonville, Port Canave ral, Port Citrus, 54
Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 55
St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 56
Pensacola, Key West, and Fernandina; the secretary of the 57
Department of Transportation or his or her designee; and the 58
secretary of the Department of Economic Opportunity or his or 59
her designee. 60
(13) Until July 1, 2024, Putnam County may apply for a 61
grant through the Florida Seaport Transportation and Economic 62
Development Council to perform a feasibility study r egarding the 63
establishment of a port in Putnam County. The council shall 64
evaluate the grant application pursuant to subsections (5) –(8) 65
and, if approved, the Department of Transportation must include 66
the feasibility study in its budget request pursuant to 67
subsection (9). If the study determines that a port in Putnam 68
County is not feasible, the membership of Putnam County on the 69
council must terminate. 70
Section 2. For the purpose of incorporating the amendment 71
made by this act to section 311.09, Florida S tatutes, in 72
references thereto, paragraph (k) of subsection (2) and 73
subsections (5) and (6) of section 163.3178, Florida Statutes, 74
are reenacted to read: 75
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163.3178 Coastal management. — 76
(2) Each coastal management element required by s. 77
163.3177(6)(g) shall be based on studies, surveys, and data; be 78
consistent with coastal resource plans prepared and adopted 79
pursuant to general or special law; and contain: 80
(k) A component which includes the comprehensive master 81
plan prepared by each deepwater port liste d in s. 311.09(1), 82
which addresses existing port facilities and any proposed 83
expansions, and which adequately addresses the applicable 84
requirements of paragraphs (a) -(k) for areas within the port and 85
proposed expansion areas. Such component shall be submit ted to 86
the appropriate local government at least 6 months prior to the 87
due date of the local plan and shall be integrated with, and 88
shall meet all criteria specified in, the coastal management 89
element. "The appropriate local government" means the 90
municipality having the responsibility for the area in which the 91
deepwater port lies, except that where no municipality has 92
responsibility, where a municipality and a county each have 93
responsibility, or where two or more municipalities each have 94
responsibility for the area in which the deepwater port lies, 95
"the appropriate local government" means the county which has 96
responsibility for the area in which the deepwater port lies. 97
Failure by a deepwater port which is not part of a local 98
government to submit its compone nt to the appropriate local 99
government shall not result in a local government being subject 100
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to sanctions pursuant to s. 163.3184. However, a deepwater port 101
which is not part of a local government shall be subject to 102
sanctions pursuant to s. 163.3184. 103
(5) The appropriate dispute resolution process provided 104
under s. 186.509 must be used to reconcile inconsistencies 105
between port master plans and local comprehensive plans. In 106
recognition of the state's commitment to deepwater ports, the 107
state comprehensive pl an must include goals, objectives, and 108
policies that establish a statewide strategy for enhancement of 109
existing deepwater ports, ensuring that priority is given to 110
water-dependent land uses. As an incentive for promoting plan 111
consistency, port facilities a s defined in s. 315.02(6) on lands 112
owned or controlled by a deepwater port as defined in s. 113
311.09(1), as of the effective date of this act shall not be 114
subject to development -of-regional-impact review provided the 115
port either successfully completes an alt ernative comprehensive 116
development agreement with a local government pursuant to ss. 117
163.3220-163.3243 or successfully enters into a development 118
agreement with the state land planning agency and applicable 119
local government pursuant to s. 380.032 or, where the port is a 120
department of a local government, successfully enters into a 121
development agreement with the state land planning agency 122
pursuant to s. 380.032. Port facilities as defined in s. 123
315.02(6) on lands not owned or controlled by a deepwater port 124
as defined in s. 311.09(1) as of the effective date of this act 125
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shall not be subject to development -of-regional-impact review 126
provided the port successfully enters into a development 127
agreement with the state land planning agency and applicable 128
local government pursuant to s. 380.032 or, where the port is a 129
department of a local government, successfully enters into a 130
development agreement with the state land planning agency 131
pursuant to s. 380.032. 132
(6) Each port listed in s. 311.09(1) and each local 133
government in the coastal area which has spoil disposal 134
responsibilities shall provide for or identify disposal sites 135
for dredged materials in the future land use and port elements 136
of the local comprehensive plan as needed to assure proper long -137
term management of ma terial dredged from navigation channels, 138
sufficient long-range disposal capacity, environmental 139
sensitivity and compatibility, and reasonable cost and 140
transportation. The disposal site selection criteria shall be 141
developed in consultation with navigation a nd inlet districts 142
and other appropriate state and federal agencies and the public. 143
For areas owned or controlled by ports listed in s. 311.09(1) 144
and proposed port expansion areas, compliance with the 145
provisions of this subsection shall be achieved through 146
comprehensive master plans prepared by each port and integrated 147
with the appropriate local plan pursuant to paragraph (2)(k). 148
Section 3. For the purpose of incorporating the amendment 149
made by this act to section 311.09, Florida Statutes, in a 150
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reference thereto, subsection (6) of section 189.068, Florida 151
Statutes, is reenacted to read: 152
189.068 Special districts; authority for oversight; 153
general oversight review process. — 154
(6) This section does not apply to a deepwater port listed 155
in s. 311.09(1) which is in compliance with a port master plan 156
adopted pursuant to s. 163.3178(2)(k), or to an airport 157
authority operating in compliance with an airport master plan 158
approved by the Federal Aviation Administration, or to any 159
special district organized to op erate health systems and 160
facilities licensed under chapter 395, chapter 400, or chapter 161
429. 162
Section 4. For the purpose of incorporating the amendment 163
made by this act to section 311.09, Florida Statutes, in 164
references thereto, subsection (1) and parag raphs (a) and (b) of 165
subsection (3) of section 311.07, Florida Statutes, are 166
reenacted to read: 167
311.07 Florida seaport transportation and economic 168
development funding. — 169
(1) There is created the Florida Seaport Transportation 170
and Economic Development Pr ogram within the Department of 171
Transportation to finance port transportation or port facilities 172
projects that will improve the movement and intermodal 173
transportation of cargo or passengers in commerce and trade and 174
support the interests, purposes, and requ irements of all ports 175
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listed in s. 311.09. 176
(3)(a) Florida Seaport Transportation and Economic 177
Development Program funds shall be used to fund approved 178
projects on a 50-50 matching basis with any of the deepwater 179
ports, as listed in s. 311.09, which is go verned by a public 180
body or any other deepwater port which is governed by a public 181
body and which complies with the water quality provisions of s. 182
403.061, the comprehensive master plan requirements of s. 183
163.3178(2)(k), and the local financial management a nd reporting 184
provisions of part III of chapter 218. However, program funds 185
used to fund projects that involve the rehabilitation of 186
wharves, docks, berths, bulkheads, or similar structures shall 187
require a 25-percent match of funds. Program funds also may b e 188
used by the Seaport Transportation and Economic Development 189
Council for data and analysis that will assist Florida's 190
seaports and international trade. 191
(b) Projects eligible for funding by grants under the 192
program are limited to the following port facil ities or port 193
transportation projects: 194
1. Transportation facilities within the jurisdiction of 195
the port. 196
2. The dredging or deepening of channels, turning basins, 197
or harbors. 198
3. The construction or rehabilitation of wharves, docks, 199
structures, jetties, piers, storage facilities, cruise 200
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terminals, automated people mover systems, or any facilities 201
necessary or useful in connection with any of the foregoing. 202
4. The acquisition of vessel tracking systems, container 203
cranes, or other mechanized equipment used in the movement of 204
cargo or passengers in international commerce. 205
5. The acquisition of land to be used for port purposes. 206
6. The acquisition, improvement, enlargement, or extension 207
of existing port facilities. 208
7. Environmental protection projec ts which are necessary 209
because of requirements imposed by a state agency as a condition 210
of a permit or other form of state approval; which are necessary 211
for environmental mitigation required as a condition of a state, 212
federal, or local environmental permit ; which are necessary for 213
the acquisition of spoil disposal sites and improvements to 214
existing and future spoil sites; or which result from the 215
funding of eligible projects listed in this paragraph. 216
8. Transportation facilities as defined in s. 334.03(30 ) 217
which are not otherwise part of the Department of 218
Transportation's adopted work program. 219
9. Intermodal access projects. 220
10. Construction or rehabilitation of port facilities as 221
defined in s. 315.02, excluding any park or recreational 222
facilities, in ports listed in s. 311.09(1) with operating 223
revenues of $5 million or less, provided that such projects 224
create economic development opportunities, capital improvements, 225
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and positive financial returns to such ports. 226
11. Seaport master plan or strategic pla n development or 227
updates, including the purchase of data to support such plans. 228
Section 5. For the purpose of incorporating the amendment 229
made by this act to section 311.09, Florida Statutes, in a 230
reference thereto, section 311.091, Florida Statutes, i s 231
reenacted to read: 232
311.091 Entry into public -private infrastructure project 233
agreements for port-related public infrastructure projects. —A 234
seaport listed in s. 311.09(1) may receive or solicit proposals 235
from and enter into a public -private infrastructur e project 236
agreement with a private entity, or a consortium of private 237
entities, to build, operate, manage, maintain, or finance a 238
port-related public infrastructure project. 239
Section 6. For the purpose of incorporating the amendment 240
made by this act to section 311.09, Florida Statutes, in 241
references thereto, subsections (1) and (2) of section 311.10, 242
Florida Statutes, are reenacted to read: 243
311.10 Strategic Port Investment Initiative. — 244
(1) There is created the Strategic Port Investment 245
Initiative within the Department of Transportation. Beginning in 246
fiscal year 2012-2013, a minimum of $35 million annually shall 247
be made available from the State Transportation Trust Fund to 248
fund the Strategic Port Investment Initiative. The Department of 249
Transportation shall work with the deepwater ports listed in s. 250
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311.09 to develop and maintain a priority list of strategic 251
investment projects. Project selection shall be based on 252
projects that meet the state's economic development goal of 253
becoming a hub for trade, logi stics, and export-oriented 254
activities by: 255
(a) Providing important access and major on -port capacity 256
improvements; 257
(b) Providing capital improvements to strategically 258
position the state to maximize opportunities in international 259
trade, logistics, or the cruise industry; 260
(c) Achieving state goals of an integrated intermodal 261
transportation system; and 262
(d) Demonstrating the feasibility and availability of 263
matching funds through local or private partners. 264
(2) Prior to making final project allocations, the 265
Department of Transportation shall schedule a publicly noticed 266
workshop with the Department of Economic Opportunity and the 267
deepwater ports listed in s. 311.09 to review the proposed 268
projects. After considering the comments received, the 269
Department of Transportation shall finalize a prioritized list 270
of potential projects. 271
Section 7. For the purpose of incorporating the amendment 272
made by this act to section 311.09, Florida Statutes, in a 273
reference thereto, subsection (2) of section 311.101, Florida 274
Statutes, is reenacted to read: 275
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311.101 Intermodal Logistics Center Infrastructure Support 276
Program.— 277
(2) For the purposes of this section, the term "intermodal 278
logistics center," including, but not limited to, an "inland 279
port," means a facility or group of facilities serving as a 280
point of intermodal transfer of freight in a specific area 281
physically separated from a seaport where activities relating to 282
transport, logistics, goods distribution, consolidation, or 283
value-added activities are carried out and w hose activities and 284
services are designed to support or be supported by conveyance 285
or shipping through one or more seaports listed in s. 311.09. 286
Section 8. For the purpose of incorporating the amendment 287
made by this act to section 311.09, Florida Statu tes, in 288
references thereto, paragraph (a) of subsection (2), subsection 289
(3), and paragraph (a) of subsection (6) of section 311.12, 290
Florida Statutes, are reenacted to read: 291
311.12 Seaport security. — 292
(2) SECURITY PLAN.— 293
(a) Each seaport listed in s. 3 11.09 shall adopt and 294
maintain a security plan specific to that seaport which provides 295
for a secure seaport infrastructure that promotes the safety and 296
security of state residents and visitors and the flow of 297
legitimate trade and travel. 298
(3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 299
311.09 must clearly designate in seaport security plans, and 300
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clearly identify with appropriate signs and markers on the 301
premises of a seaport, all secure and restricted areas as 302
defined by 33 C.F.R. part 105. 303
(a)1. All seaport employees and other persons working at 304
the seaport who have regular access to secure or restricted 305
areas must comply with federal access control regulations as 306
prescribed in this section. 307
2. All persons and objects in secure and restricte d areas 308
are subject to search by a sworn state -certified law enforcement 309
officer, a Class D seaport security officer certified under 310
Maritime Transportation Security Act of 2002 guidelines, or an 311
employee of the seaport security force certified under the 312
Maritime Transportation Security Act of 2002 guidelines. 313
3. Persons found in these areas without the proper 314
permission are subject to the trespass provisions of ss. 810.08 315
and 810.09. 316
(b) The seaport must provide clear notice of the 317
prohibition against possession of concealed weapons and other 318
contraband material on the premises of the seaport. Any person 319
in a restricted area who has in his or her possession a 320
concealed weapon, or who operates or has possession or control 321
of a vehicle in or upon which a concealed weapon is placed or 322
stored, commits a misdemeanor of the first degree, punishable as 323
provided in s. 775.082 or s. 775.083. This paragraph does not 324
apply to active-duty certified federal or state law enforcement 325
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personnel or persons so designated by the seaport director in 326
writing. 327
(c) During a period of high terrorist threat level, as 328
designated by the United States Department of Homeland Security, 329
the management or controlling authority of the port may 330
temporarily designate any part of the seap ort property as a 331
secure or restricted area. The duration of such designation is 332
limited to the period in which the high terrorist threat level 333
is in effect or a port emergency exists. 334
(6) GRANT PROGRAM.— 335
(a) The Florida Seaport Transportation and Econ omic 336
Development Council shall establish a Seaport Security Grant 337
Program for the purpose of assisting in the implementation of 338
security plans and security measures at the seaports listed in 339
s. 311.09(1). Funds may be used for the purchase of equipment, 340
infrastructure needs, cybersecurity programs, and other security 341
measures identified in a seaport's approved federal security 342
plan. Such grants may not exceed 75 percent of the total cost of 343
the request and are subject to legislative appropriation. 344
Section 9. For the purpose of incorporating the amendment 345
made by this act to section 311.09, Florida Statutes, in 346
references thereto, subsection (2) and paragraph (a) of 347
subsection (3) of section 311.121, Florida Statutes, are 348
reenacted to read: 349
311.121 Qualifications, training, and certification of 350
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licensed security officers at Florida seaports. — 351
(2) The authority or governing board of each seaport 352
identified under s. 311.09 that is subject to the seaport 353
security standards referenced in s. 311.12 shall re quire that a 354
candidate for certification as a seaport security officer: 355
(a) Has received a Class D license as a security officer 356
under chapter 493. 357
(b) Has successfully completed the certified training 358
curriculum for a Class D license or has been deter mined by the 359
Department of Agriculture and Consumer Services to have 360
equivalent experience as established by rule of the department. 361
(c) Has completed the training or training equivalency and 362
testing process established by this section for becoming a 363
certified seaport security officer. 364
(3) The Seaport Security Officer Qualification, Training, 365
and Standards Coordinating Council is created under the 366
Department of Law Enforcement. 367
(a) The executive director of the Department of Law 368
Enforcement shall appo int 11 members to the council, to include: 369
1. The seaport administrator of the Department of Law 370
Enforcement. 371
2. The Commissioner of Education or his or her designee. 372
3. The director of the Division of Licensing of the 373
Department of Agriculture and C onsumer Services. 374
4. The administrator of the Florida Seaport Transportation 375
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and Economic Development Council. 376
5. Two seaport security directors from seaports designated 377
under s. 311.09. 378
6. One director of a state law enforcement academy. 379
7. One representative of a local law enforcement agency. 380
8. Two representatives of contract security services. 381
9. One representative of the Department of Highway Safety 382
and Motor Vehicles. 383
Section 10. For the purpose of incorporating the amendment 384
made by this act to section 311.09, Florida Statutes, in a 385
reference thereto, subsection (1) of section 311.14, Florida 386
Statutes, is reenacted to read: 387
311.14 Seaport planning. — 388
(1) The Department of Transportation shall develop, in 389
coordination with the ports listed in s. 311.09(1) and other 390
partners, a Statewide Seaport and Waterways System Plan. This 391
plan shall be consistent with the goals of the Florida 392
Transportation Plan developed pursuant to s. 339.155 and shall 393
consider needs identified in individual po rt master plans and 394
those from the seaport strategic plans required under this 395
section. The plan will identify 5 -year, 10-year, and 20-year 396
needs for the seaport system and will include seaport, waterway, 397
road, and rail projects that are needed to ensure t he success of 398
the transportation system as a whole in supporting state 399
economic development goals. 400
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Section 11. For the purpose of incorporating the amendment 401
made by this act to section 311.09, Florida Statutes, in a 402
reference thereto, section 315.18, Florida Statutes, is 403
reenacted to read: 404
315.18 Confidentiality of certain records held by 405
deepwater ports.—Any proposal or counterproposal exchanged 406
between a deepwater port listed in s. 311.09(1) and any 407
nongovernmental entity, relating to the sale, use , or lease of 408
land or of port facilities, and any financial records submitted 409
by any nongovernmental entity to such a deepwater port for the 410
purpose of the sale, use, or lease of land or of port 411
facilities, are confidential and exempt from s. 119.07(1) and s. 412
24(a), Art. I of the State Constitution. However, 30 days before 413
any such proposal or counterproposal is considered for approval 414
by the governing body of such a deepwater port, the proposal or 415
counterproposal shall cease to be exempt. If no proposal or 416
counterproposal is submitted to the governing body for approval, 417
such a proposal or counterproposal shall cease to be exempt 90 418
days after the cessation of negotiations. 419
Section 12. For the purpose of incorporating the amendment 420
made by this act to se ction 311.09, Florida Statutes, in 421
references thereto, subsections (3) and (4) of section 320.20, 422
Florida Statutes, are reenacted to read: 423
320.20 Disposition of license tax moneys. —The revenue 424
derived from the registration of motor vehicles, including an y 425
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delinquent fees and excluding those revenues collected and 426
distributed under the provisions of s. 320.081, must be 427
distributed monthly, as collected, as follows: 428
(3) Notwithstanding any other provision of law except 429
subsections (1) and (2), $15 million shall be deposited annually 430
into the State Transportation Trust Fund solely for the purposes 431
of funding the Florida Seaport Transportation and Economic 432
Development Program as provided in chapter 311. Such revenues 433
shall be distributed on a 50 -50 matching basis to any port 434
listed in s. 311.09(1) to be used for funding projects as 435
described in s. 311.07(3)(b). Such revenues may be assigned, 436
pledged, or set aside as a trust for the payment of principal or 437
interest on bonds, tax anticipation certificates, or a ny other 438
form of indebtedness issued by an individual port or appropriate 439
local government having jurisdiction thereof, or collectively by 440
interlocal agreement among any of the ports, or used to purchase 441
credit support to permit such borrowings. However, s uch debt is 442
not a general obligation of the state. The state covenants with 443
holders of such revenue bonds or other instruments of 444
indebtedness issued that it will not repeal or impair or amend 445
in any manner that will materially and adversely affect the 446
rights of such holders so long as bonds authorized by this 447
section are outstanding. Any revenues that are not pledged to 448
the repayment of bonds authorized by this section may be used 449
for purposes authorized under the Florida Seaport Transportation 450
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and Economic Development Program. This revenue source is in 451
addition to any amounts provided and appropriated in accordance 452
with s. 311.07. The Florida Seaport Transportation and Economic 453
Development Council shall approve the distribution of funds to 454
ports for projects that have been approved pursuant to s. 455
311.09(5)-(8). The council and the Department of Transportation 456
may perform acts required to facilitate and implement this 457
subsection. To better enable the ports to cooperate to their 458
mutual advantage, the governin g body of each port may exercise 459
powers provided to municipalities or counties in s. 163.01(7)(d) 460
subject to chapter 311 and special acts, if any, pertaining to a 461
port. The use of funds provided pursuant to this subsection are 462
limited to eligible projects listed in this subsection. Income 463
derived from a project completed with the use of program funds, 464
beyond operating costs and debt service, is restricted solely to 465
further port capital improvements consistent with maritime 466
purposes. Use of such income for n onmaritime purposes is 467
prohibited. The revenues available under this subsection may not 468
be pledged to the payment of any bonds other than the Florida 469
Ports Financing Commission Series 1996 and Series 1999 Bonds 470
currently outstanding; however, such revenues may be pledged to 471
secure payment of refunding bonds to refinance the Florida Ports 472
Financing Commission Series 1996 and Series 1999 Bonds. 473
Refunding bonds secured by revenues available under this 474
subsection may not be issued with a final maturity later th an 475
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the final maturity of the Florida Ports Financing Commission 476
Series 1996 and Series 1999 Bonds or which provide for higher 477
debt service in any year than is currently payable on such 478
bonds. Any revenue bonds or other indebtedness issued after July 479
1, 2000, other than refunding bonds shall be issued by the 480
Division of Bond Finance at the request of the Department of 481
Transportation pursuant to the State Bond Act. 482
(4) Notwithstanding any other provision of law except 483
subsections (1), (2), and (3), $10 mill ion shall be deposited 484
annually into the State Transportation Trust Fund solely for the 485
purposes of funding the Florida Seaport Transportation and 486
Economic Development Program as provided in chapter 311 and for 487
funding seaport intermodal access projects of statewide 488
significance as provided in s. 341.053. Such revenues shall be 489
distributed to any port listed in s. 311.09(1), to be used for 490
funding projects as follows: 491
(a) For any seaport intermodal access projects that are 492
identified in the 1997 -1998 Tentative Work Program of the 493
Department of Transportation, up to the amounts needed to offset 494
the funding requirements of this section. 495
(b) For seaport intermodal access projects as described in 496
s. 341.053(6) which are identified in the 5 -year Florida Seaport 497
Mission Plan as provided in s. 311.09(3). Funding for such 498
projects shall be on a matching basis as mutually determined by 499
the Florida Seaport Transportation and Economic Development 500
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Council and the Department of Transportation if a minimum of 25 501
percent of total project funds come from any port funds, local 502
funds, private funds, or specifically earmarked federal funds. 503
(c) On a 50-50 matching basis for projects as described in 504
s. 311.07(3)(b). 505
(d) For seaport intermodal access projects that involve 506
the dredging or deepening of channels, turning basins, or 507
harbors; or the rehabilitation of wharves, docks, or similar 508
structures. Funding for such projects requires a 25 percent 509
match of the funds received pursuant to this subsection. 510
Matching funds must come from port funds, federal funds, local 511
funds, or private funds. 512
513
Such revenues may be assigned, pledged, or set aside as a trust 514
for the payment of principal or interest on bonds, tax 515
anticipation certificates, or other form of indebtedness issued 516
by an individual port or appropriate local government having 517
jurisdiction thereof, or collectively by interlocal agreement 518
among any of the ports, or used to purchase credit support to 519
permit such borrowings. However, such debt is not a general 520
obligation of the state. This state covenants with holders of 521
such revenue bonds or other instruments of indebtedness issued 522
hereunder that it will not repeal, impair, or amend this 523
subsection in a manner that will materially and adversely affect 524
the rights of holders wh ile bonds authorized by this subsection 525
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remain outstanding. Revenues that are not pledged to the 526
repayment of bonds as authorized by this section may be used for 527
purposes authorized under the Florida Seaport Transportation and 528
Economic Development Program. This revenue source is in addition 529
to any amounts provided for and appropriated in accordance with 530
s. 311.07 and subsection (3). The Florida Seaport Transportation 531
and Economic Development Council shall approve distribution of 532
funds to ports for projects that have been approved pursuant to 533
s. 311.09(5)-(8), or for seaport intermodal access projects 534
identified in the 5-year Florida Seaport Mission Plan as 535
provided in s. 311.09(3) and mutually agreed upon by the Florida 536
Seaport Transportation and Economic De velopment Council and the 537
Department of Transportation. All contracts for actual 538
construction of projects authorized by this subsection must 539
include a provision encouraging employment of participants in 540
the welfare transition program. The goal for such emp loyment is 541
25 percent of all new employees employed specifically for the 542
project, unless the Department of Transportation and the Florida 543
Seaport Transportation and Economic Development Council 544
demonstrate that such a requirement would severely hamper the 545
successful completion of the project. In such an instance, 546
CareerSource Florida, Inc., shall establish an appropriate 547
percentage of employees who are participants in the welfare 548
transition program. The council and the Department of 549
Transportation may perfo rm such acts as are required to 550
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facilitate and implement the provisions of this subsection. To 551
better enable the ports to cooperate to their mutual advantage, 552
the governing body of each port may exercise powers provided to 553
municipalities or counties in s. 163.01(7)(d) subject to the 554
provisions of chapter 311 and special acts, if any, pertaining 555
to a port. The use of funds provided pursuant to this subsection 556
is limited to eligible projects listed in this subsection. The 557
revenues available under this subsect ion may not be pledged to 558
the payment of any bonds other than the Florida Ports Financing 559
Commission Series 1996 and Series 1999 Bonds currently 560
outstanding; however, such revenues may be pledged to secure 561
payment of refunding bonds to refinance the Florid a Ports 562
Financing Commission Series 1996 and Series 1999 Bonds. 563
Refunding bonds secured by revenues available under this 564
subsection may not be issued with a final maturity later than 565
the final maturity of the Florida Ports Financing Commission 566
Series 1996 and Series 1999 Bonds and may not provide for higher 567
debt service in any year than is currently payable on such 568
bonds. Any revenue bonds or other indebtedness issued after July 569
1, 2000, other than refunding bonds shall be issued by the 570
Division of Bond Fin ance at the request of the Department of 571
Transportation pursuant to the State Bond Act. 572
Section 13. For the purpose of incorporating the amendment 573
made by this act to section 311.09, Florida Statutes, in a 574
reference thereto, subsection (1) of section 3 34.27, Florida 575
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Statutes, is reenacted to read: 576
334.27 Governmental transportation entities; property 577
acquired for transportation purposes; limitation on soil or 578
groundwater contamination liability. — 579
(1) For the purposes of this section, the term 580
"governmental transportation entity" means the department; an 581
authority created pursuant to chapter 343, chapter 348, or 582
chapter 349; airports as defined in s. 332.004(14); a port 583
enumerated in s. 311.09(1); a county; or a municipality. 584
Section 14. For the p urpose of incorporating the amendment 585
made by this act to section 311.09, Florida Statutes, in a 586
reference thereto, subsection (7) of section 337.14, Florida 587
Statutes, is reenacted to read: 588
337.14 Application for qualification; certificate of 589
qualification; restrictions; request for hearing. — 590
(7) A "contractor" as defined in s. 337.165(1)(d) or his 591
or her "affiliate" as defined in s. 337.165(1)(a) qualified with 592
the department under this section may not also qualify under s. 593
287.055 or s. 337.105 to pro vide testing services, construction, 594
engineering, and inspection services to the department. This 595
limitation does not apply to any design -build prequalification 596
under s. 337.11(7) and does not apply when the department 597
otherwise determines by written order entered at least 30 days 598
before advertisement that the limitation is not in the best 599
interests of the public with respect to a particular contract 600
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for testing services, construction, engineering, and inspection 601
services. This subsection does not authorize a contractor to 602
provide testing services, or provide construction, engineering, 603
and inspection services, to the department in connection with a 604
construction contract under which the contractor is performing 605
any work. Notwithstanding any other provision of law to the 606
contrary, for a project that is wholly or partially funded by 607
the department and administered by a local governmental entity, 608
except for a seaport listed in s. 311.09 or an airport as 609
defined in s. 332.004, the entity performing design and 610
construction engineering and inspection services may not be the 611
same entity. 612
Section 15. For the purpose of incorporating the amendment 613
made by this act to section 311.09, Florida Statutes, in a 614
reference thereto, subsection (12) of section 373.406, Florid a 615
Statutes, is reenacted to read: 616
373.406 Exemptions. —The following exemptions shall apply: 617
(12) An overwater pier, dock, or a similar structure 618
located in a deepwater port listed in s. 311.09 is not 619
considered to be part of a stormwater management sys tem for 620
which this chapter or chapter 403 requires stormwater from 621
impervious surfaces to be treated if: 622
(a) The port has a stormwater pollution prevention plan 623
for industrial activities pursuant to the National Pollutant 624
Discharge Elimination System Pro gram; and 625
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(b) The stormwater pollution prevention plan also provides 626
similar pollution prevention measures for other activities that 627
are not subject to the National Pollutant Discharge Elimination 628
System Program and that occur on the port's overwater pie rs, 629
docks, and similar structures. 630
Section 16. For the purpose of incorporating the amendment 631
made by this act to section 311.09, Florida Statutes, in 632
references thereto, subsections (2) and (10) of section 633
373.4133, Florida Statutes, are reenacted to read: 634
373.4133 Port conceptual permits. — 635
(2) Any port listed in s. 311.09(1) may apply to the 636
department for a port conceptual permit, including any 637
applicable authorization under chapter 253 to use sovereignty 638
submerged lands under a joint coastal permit pursuant to s. 639
161.055 or an environment al resource permit issued pursuant to 640
this part, for all or a portion of the area within the 641
geographic boundaries of the port. A private entity with a 642
controlling interest in property used for private industrial 643
marine activities in the immediate vicinity of a port listed in 644
s. 311.09(1) may also apply for a port conceptual permit under 645
this section. A port conceptual permit may be issued for a 646
period of up to 20 years and extended one time for an additional 647
10 years. A port conceptual permit constitutes t he state's 648
conceptual certification of compliance with state water quality 649
standards for purposes of s. 401 of the Clean Water Act and the 650
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state's conceptual determination that the activities contained 651
in the port conceptual permit are consistent with the state 652
coastal zone management program. 653
(10) In lieu of meeting the generally applicable 654
stormwater design standards in rules adopted under this part, 655
which create a presumption that stormwater discharged from the 656
system will meet the applicable state wat er quality standards in 657
the receiving waters, any port listed in s. 311.09(1) may 658
propose alternative stormwater treatment and design criteria for 659
the construction, operation, and maintenance of stormwater 660
management systems serving overwater piers. The pr oposal shall 661
include such structural components or best management practices 662
to address the stormwater discharge from the pier, including 663
consideration of activities conducted on the pier, as are 664
necessary to provide reasonable assurance that stormwater 665
discharged from the system will meet the applicable state water 666
quality standards in the receiving waters. 667
Section 17. For the purpose of incorporating the amendment 668
made by this act to section 311.09, Florida Statutes, in a 669
reference thereto, paragraph (d) of subsection (6) of section 670
373.4136, Florida Statutes, is reenacted to read: 671
373.4136 Establishment and operation of mitigation banks. — 672
(6) MITIGATION SERVICE AREA. —The department or water 673
management district shall establish a mitigation service area 674
for each mitigation bank permit. The department or water 675
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management district shall notify and consider comments received 676
on the proposed mitigation service area from each local 677
government within the proposed mitigation service area. Except 678
as provided herein, mitigation credits may be withdrawn and used 679
only to offset adverse impacts in the mitigation service area. 680
The boundaries of the mitigation service area shall depend upon 681
the geographic area where the mitigation bank could reasonably 682
be expected to offset adverse impacts. Mitigation service areas 683
may overlap, and mitigation service areas for two or more 684
mitigation banks may be approved for a regional watershed. 685
(d) If the requirements in s. 373.414(1)(b) and (8) are 686
met, the following projects o r activities regulated under this 687
part shall be eligible to use a mitigation bank, regardless of 688
whether they are located within the mitigation service area: 689
1. Projects with adverse impacts partially located within 690
the mitigation service area. 691
2. Linear projects, such as roadways, transmission lines, 692
distribution lines, pipelines, railways, or seaports listed in 693
s. 311.09(1). 694
3. Projects with total adverse impacts of less than 1 acre 695
in size. 696
Section 18. For the purpose of incorporating the amend ment 697
made by this act to section 311.09, Florida Statutes, in 698
references thereto, subsections (38) and (39) of section 699
403.061, Florida Statutes, are reenacted to read: 700
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403.061 Department; powers and duties. —The department 701
shall have the power and the du ty to control and prohibit 702
pollution of air and water in accordance with the law and rules 703
adopted and promulgated by it and, for this purpose, to: 704
(38) Provide a supplemental permitting process for the 705
issuance of a joint coastal permit pursuant to s. 1 61.055 or 706
environmental resource permit pursuant to part IV of chapter 707
373, to a port listed in s. 311.09(1), for maintenance dredging 708
and the management of dredged materials from maintenance 709
dredging of all navigation channels, port harbors, turning 710
basins, and harbor berths. Such permit shall be issued for a 711
period of 5 years and shall be annually extended for an 712
additional year if the port is in compliance with all permit 713
conditions at the time of extension. The department is 714
authorized to adopt rules to implement this subsection. 715
(39) Provide a supplemental permitting process for the 716
issuance of a conceptual joint coastal permit pursuant to s. 717
161.055 or environmental resource permit pursuant to part IV of 718
chapter 373, to a port listed in s. 311.09(1), for dredging and 719
the management of materials from dredging and for other related 720
activities necessary for development, including the expansion of 721
navigation channels, port harbors, turning basins, harbor 722
berths, and associated facilities. Such permit shal l be issued 723
for a period of up to 15 years. The department is authorized to 724
adopt rules to implement this subsection. 725
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726
The department shall implement such programs in conjunction with 727
its other powers and duties and shall place special emphasis on 728
reducing and eliminating contamination that presents a threat to 729
humans, animals or plants, or to the environment. 730
Section 19. This act shall take effect July 1, 2022. 731