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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; authorizing 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; requiring the council to review the 13
study and make a determination; terminating the 14
membership of Putnam County on the council under 15
certain circumstances; reenacting ss. 163.3178(2)(k), 16
(5), and (6), 189.068(6), 311.07(1) and (3)(a) and 17
(b), 311.091, 311.10(1) and (2), 311.101(2), 18
311.12(2)(a), (3), and (6)(a), 311.121(2) and (3)(a), 19
311.14(1), 315.18, 3 20.20(3) and (4), 334.27(1), 20
337.14(7), 373.406(12), 373.4133(2) and (10), 21
373.4136(6)(d), and 403.061(38) and (39), F.S., 22
relating to coastal management, the oversight of 23
deepwater ports, Florida seaport transportation and 24
economic development funding, en try into public-25
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private infrastructure project agreements for port -26
related public infrastructure projects, the Strategic 27
Port Investment Initiative within the department, the 28
Intermodal Logistics Center Infrastructure Support 29
Program, seaport security, lic ensed security officers 30
at Florida seaports, seaport planning, the 31
confidentiality of certain records held by deepwater 32
ports, the disposition of license tax moneys, the 33
definition of the term "governmental transportation 34
entity," seaport contractor servic es, exemptions for 35
overwater piers, docks, or similar structures in 36
deepwater ports, port conceptual permits, the 37
authorized use of mitigation banks, and the duties of 38
the Department of Environmental Protection in 39
providing environmental resource permits, 40
respectively, to incorporate the amendment made to s. 41
311.09, F.S., in references thereto; providing an 42
effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsection (1) of section 311.09, Florida 47
Statutes, is amended, and subsection (13) is added to that 48
section, to read: 49
311.09 Florida Seaport Transportation and Economic 50
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Development Council. — 51
(1) The Florida Seaport Transportation and Economic 52
Development Council is created within the Department of 53
Transportation. The council consists of the following 18 17 54
members: the port director, or the port director's designee, of 55
each of the ports of Jacksonville, Port Canaveral, Port Citrus, 56
Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 57
St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 58
Pensacola, Key West, and Fernandina; the secretary of the 59
Department of Transportation or his or her designee; and the 60
secretary of the Department of Economic Opportunity or his or 61
her designee. 62
(13) Until July 1, 2024, Putnam County may apply for a 63
grant through the Florida Seaport Transportation and Economic 64
Development Council to perform a study examining the economic, 65
technical, and operational viability of the establishment of a 66
port in Putnam County. The council shall evaluate the grant 67
application pursuant to subsections (5) –(8) and, if approved, 68
the Department of Transportation must include the feasibility 69
study in its budget request pursuant to subsection (9). The 70
council shall review the study upon completion to determine if a 71
port in Putnam County is viable. If the council does not approve 72
the study, the membership of Putnam County on the council must 73
terminate. 74
Section 2. For the purpose of incorporating the amendment 75
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made by this act to s ection 311.09, Florida Statutes, in 76
references thereto, paragraph (k) of subsection (2) and 77
subsections (5) and (6) of section 163.3178, Florida Statutes, 78
are reenacted to read: 79
163.3178 Coastal management. — 80
(2) Each coastal management element required by s. 81
163.3177(6)(g) shall be based on studies, surveys, and data; be 82
consistent with coastal resource plans prepared and adopted 83
pursuant to general or special law; and contain: 84
(k) A component which includes the comprehensive master 85
plan prepared by each deepwater port listed in s. 311.09(1), 86
which addresses existing port facilities and any proposed 87
expansions, and which adequately addresses the applicable 88
requirements of paragraphs (a) -(k) for areas within the port and 89
proposed expansion areas. Such c omponent shall be submitted to 90
the appropriate local government at least 6 months prior to the 91
due date of the local plan and shall be integrated with, and 92
shall meet all criteria specified in, the coastal management 93
element. "The appropriate local governm ent" means the 94
municipality having the responsibility for the area in which the 95
deepwater port lies, except that where no municipality has 96
responsibility, where a municipality and a county each have 97
responsibility, or where two or more municipalities each have 98
responsibility for the area in which the deepwater port lies, 99
"the appropriate local government" means the county which has 100
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responsibility for the area in which the deepwater port lies. 101
Failure by a deepwater port which is not part of a local 102
government to submit its component to the appropriate local 103
government shall not result in a local government being subject 104
to sanctions pursuant to s. 163.3184. However, a deepwater port 105
which is not part of a local government shall be subject to 106
sanctions pursuant to s. 163.3184. 107
(5) The appropriate dispute resolution process provided 108
under s. 186.509 must be used to reconcile inconsistencies 109
between port master plans and local comprehensive plans. In 110
recognition of the state's commitment to deepwater ports, th e 111
state comprehensive plan must include goals, objectives, and 112
policies that establish a statewide strategy for enhancement of 113
existing deepwater ports, ensuring that priority is given to 114
water-dependent land uses. As an incentive for promoting plan 115
consistency, port facilities as defined in s. 315.02(6) on lands 116
owned or controlled by a deepwater port as defined in s. 117
311.09(1), as of the effective date of this act shall not be 118
subject to development -of-regional-impact review provided the 119
port either successfully completes an alternative comprehensive 120
development agreement with a local government pursuant to ss. 121
163.3220-163.3243 or successfully enters into a development 122
agreement with the state land planning agency and applicable 123
local government pursuant to s. 380.032 or, where the port is a 124
department of a local government, successfully enters into a 125
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development agreement with the state land planning agency 126
pursuant to s. 380.032. Port facilities as defined in s. 127
315.02(6) on lands not owned or controlled by a deepwater port 128
as defined in s. 311.09(1) as of the effective date of this act 129
shall not be subject to development -of-regional-impact review 130
provided the port successfully enters into a development 131
agreement with the state land planning agency and ap plicable 132
local government pursuant to s. 380.032 or, where the port is a 133
department of a local government, successfully enters into a 134
development agreement with the state land planning agency 135
pursuant to s. 380.032. 136
(6) Each port listed in s. 311.09(1) a nd each local 137
government in the coastal area which has spoil disposal 138
responsibilities shall provide for or identify disposal sites 139
for dredged materials in the future land use and port elements 140
of the local comprehensive plan as needed to assure proper lo ng-141
term management of material dredged from navigation channels, 142
sufficient long-range disposal capacity, environmental 143
sensitivity and compatibility, and reasonable cost and 144
transportation. The disposal site selection criteria shall be 145
developed in consultation with navigation and inlet districts 146
and other appropriate state and federal agencies and the public. 147
For areas owned or controlled by ports listed in s. 311.09(1) 148
and proposed port expansion areas, compliance with the 149
provisions of this subsection s hall be achieved through 150
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comprehensive master plans prepared by each port and integrated 151
with the appropriate local plan pursuant to paragraph (2)(k). 152
Section 3. For the purpose of incorporating the amendment 153
made by this act to section 311.09, Florida Statutes, in a 154
reference thereto, subsection (6) of section 189.068, Florida 155
Statutes, is reenacted to read: 156
189.068 Special districts; authority for oversight; 157
general oversight review process. — 158
(6) This section does not apply to a deepwater port listed 159
in s. 311.09(1) which is in compliance with a port master plan 160
adopted pursuant to s. 163.3178(2)(k), or to an airport 161
authority operating in compliance with an airport master plan 162
approved by the Federal Aviation Administration, or to any 163
special district organized to operate health systems and 164
facilities licensed under chapter 395, chapter 400, or chapter 165
429. 166
Section 4. For the purpose of incorporating the amendment 167
made by this act to section 311.09, Florida Statutes, in 168
references thereto, s ubsection (1) and paragraphs (a) and (b) of 169
subsection (3) of section 311.07, Florida Statutes, are 170
reenacted to read: 171
311.07 Florida seaport transportation and economic 172
development funding. — 173
(1) There is created the Florida Seaport Transportation 174
and Economic Development Program within the Department of 175
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Transportation to finance port transportation or port facilities 176
projects that will improve the movement and intermodal 177
transportation of cargo or passengers in commerce and trade and 178
support the interests, purposes, and requirements of all ports 179
listed in s. 311.09. 180
(3)(a) Florida Seaport Transportation and Economic 181
Development Program funds shall be used to fund approved 182
projects on a 50-50 matching basis with any of the deepwater 183
ports, as listed in s. 311.09, which is governed by a public 184
body or any other deepwater port which is governed by a public 185
body and which complies with the water quality provisions of s. 186
403.061, the comprehensive master plan requirements of s. 187
163.3178(2)(k), and the local financial management and reporting 188
provisions of part III of chapter 218. However, program funds 189
used to fund projects that involve the rehabilitation of 190
wharves, docks, berths, bulkheads, or similar structures shall 191
require a 25-percent match of funds. P rogram funds also may be 192
used by the Seaport Transportation and Economic Development 193
Council for data and analysis that will assist Florida's 194
seaports and international trade. 195
(b) Projects eligible for funding by grants under the 196
program are limited to t he following port facilities or port 197
transportation projects: 198
1. Transportation facilities within the jurisdiction of 199
the port. 200
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2. The dredging or deepening of channels, turning basins, 201
or harbors. 202
3. The construction or rehabilitation of wharves, do cks, 203
structures, jetties, piers, storage facilities, cruise 204
terminals, automated people mover systems, or any facilities 205
necessary or useful in connection with any of the foregoing. 206
4. The acquisition of vessel tracking systems, container 207
cranes, or other mechanized equipment used in the movement of 208
cargo or passengers in international commerce. 209
5. The acquisition of land to be used for port purposes. 210
6. The acquisition, improvement, enlargement, or extension 211
of existing port facilities. 212
7. Environmental protection projects which are necessary 213
because of requirements imposed by a state agency as a condition 214
of a permit or other form of state approval; which are necessary 215
for environmental mitigation required as a condition of a state, 216
federal, or local environmental permit; which are necessary for 217
the acquisition of spoil disposal sites and improvements to 218
existing and future spoil sites; or which result from the 219
funding of eligible projects listed in this paragraph. 220
8. Transportation facilities as defined in s. 334.03(30) 221
which are not otherwise part of the Department of 222
Transportation's adopted work program. 223
9. Intermodal access projects. 224
10. Construction or rehabilitation of port facilities as 225
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defined in s. 315.02, excluding any park or recrea tional 226
facilities, in ports listed in s. 311.09(1) with operating 227
revenues of $5 million or less, provided that such projects 228
create economic development opportunities, capital improvements, 229
and positive financial returns to such ports. 230
11. Seaport master plan or strategic plan development or 231
updates, including the purchase of data to support such plans. 232
Section 5. For the purpose of incorporating the amendment 233
made by this act to section 311.09, Florida Statutes, in a 234
reference thereto, section 311.0 91, Florida Statutes, is 235
reenacted to read: 236
311.091 Entry into public -private infrastructure project 237
agreements for port-related public infrastructure projects. —A 238
seaport listed in s. 311.09(1) may receive or solicit proposals 239
from and enter into a publi c-private infrastructure project 240
agreement with a private entity, or a consortium of private 241
entities, to build, operate, manage, maintain, or finance a 242
port-related public infrastructure project. 243
Section 6. For the purpose of incorporating the amendme nt 244
made by this act to section 311.09, Florida Statutes, in 245
references thereto, subsections (1) and (2) of section 311.10, 246
Florida Statutes, are reenacted to read: 247
311.10 Strategic Port Investment Initiative. — 248
(1) There is created the Strategic Port In vestment 249
Initiative within the Department of Transportation. Beginning in 250
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fiscal year 2012-2013, a minimum of $35 million annually shall 251
be made available from the State Transportation Trust Fund to 252
fund the Strategic Port Investment Initiative. The Depart ment of 253
Transportation shall work with the deepwater ports listed in s. 254
311.09 to develop and maintain a priority list of strategic 255
investment projects. Project selection shall be based on 256
projects that meet the state's economic development goal of 257
becoming a hub for trade, logistics, and export -oriented 258
activities by: 259
(a) Providing important access and major on -port capacity 260
improvements; 261
(b) Providing capital improvements to strategically 262
position the state to maximize opportunities in international 263
trade, logistics, or the cruise industry; 264
(c) Achieving state goals of an integrated intermodal 265
transportation system; and 266
(d) Demonstrating the feasibility and availability of 267
matching funds through local or private partners. 268
(2) Prior to making fina l project allocations, the 269
Department of Transportation shall schedule a publicly noticed 270
workshop with the Department of Economic Opportunity and the 271
deepwater ports listed in s. 311.09 to review the proposed 272
projects. After considering the comments recei ved, the 273
Department of Transportation shall finalize a prioritized list 274
of potential projects. 275
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Section 7. For the purpose of incorporating the amendment 276
made by this act to section 311.09, Florida Statutes, in a 277
reference thereto, subsection (2) of sec tion 311.101, Florida 278
Statutes, is reenacted to read: 279
311.101 Intermodal Logistics Center Infrastructure Support 280
Program.— 281
(2) For the purposes of this section, the term "intermodal 282
logistics center," including, but not limited to, an "inland 283
port," means a facility or group of facilities serving as a 284
point of intermodal transfer of freight in a specific area 285
physically separated from a seaport where activities relating to 286
transport, logistics, goods distribution, consolidation, or 287
value-added activities are carried out and whose activities and 288
services are designed to support or be supported by conveyance 289
or shipping through one or more seaports listed in s. 311.09. 290
Section 8. For the purpose of incorporating the amendment 291
made by this act to sect ion 311.09, Florida Statutes, in 292
references thereto, paragraph (a) of subsection (2), subsection 293
(3), and paragraph (a) of subsection (6) of section 311.12, 294
Florida Statutes, are reenacted to read: 295
311.12 Seaport security. — 296
(2) SECURITY PLAN.— 297
(a) Each seaport listed in s. 311.09 shall adopt and 298
maintain a security plan specific to that seaport which provides 299
for a secure seaport infrastructure that promotes the safety and 300
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security of state residents and visitors and the flow of 301
legitimate trade and t ravel. 302
(3) SECURE AND RESTRICTED AREAS. —Each seaport listed in s. 303
311.09 must clearly designate in seaport security plans, and 304
clearly identify with appropriate signs and markers on the 305
premises of a seaport, all secure and restricted areas as 306
defined by 33 C.F.R. part 105. 307
(a)1. All seaport employees and other persons working at 308
the seaport who have regular access to secure or restricted 309
areas must comply with federal access control regulations as 310
prescribed in this section. 311
2. All persons and object s in secure and restricted areas 312
are subject to search by a sworn state -certified law enforcement 313
officer, a Class D seaport security officer certified under 314
Maritime Transportation Security Act of 2002 guidelines, or an 315
employee of the seaport security fo rce certified under the 316
Maritime Transportation Security Act of 2002 guidelines. 317
3. Persons found in these areas without the proper 318
permission are subject to the trespass provisions of ss. 810.08 319
and 810.09. 320
(b) The seaport must provide clear notice of the 321
prohibition against possession of concealed weapons and other 322
contraband material on the premises of the seaport. Any person 323
in a restricted area who has in his or her possession a 324
concealed weapon, or who operates or has possession or control 325
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of a vehicle in or upon which a concealed weapon is placed or 326
stored, commits a misdemeanor of the first degree, punishable as 327
provided in s. 775.082 or s. 775.083. This paragraph does not 328
apply to active-duty certified federal or state law enforcement 329
personnel or persons so designated by the seaport director in 330
writing. 331
(c) During a period of high terrorist threat level, as 332
designated by the United States Department of Homeland Security, 333
the management or controlling authority of the port may 334
temporarily designate any part of the seaport property as a 335
secure or restricted area. The duration of such designation is 336
limited to the period in which the high terrorist threat level 337
is in effect or a port emergency exists. 338
(6) GRANT PROGRAM.— 339
(a) The Florida Seapor t Transportation and Economic 340
Development Council shall establish a Seaport Security Grant 341
Program for the purpose of assisting in the implementation of 342
security plans and security measures at the seaports listed in 343
s. 311.09(1). Funds may be used for the purchase of equipment, 344
infrastructure needs, cybersecurity programs, and other security 345
measures identified in a seaport's approved federal security 346
plan. Such grants may not exceed 75 percent of the total cost of 347
the request and are subject to legislative appropriation. 348
Section 9. For the purpose of incorporating the amendment 349
made by this act to section 311.09, Florida Statutes, in 350
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references thereto, subsection (2) and paragraph (a) of 351
subsection (3) of section 311.121, Florida Statutes, are 352
reenacted to read: 353
311.121 Qualifications, training, and certification of 354
licensed security officers at Florida seaports. — 355
(2) The authority or governing board of each seaport 356
identified under s. 311.09 that is subject to the seaport 357
security standards referen ced in s. 311.12 shall require that a 358
candidate for certification as a seaport security officer: 359
(a) Has received a Class D license as a security officer 360
under chapter 493. 361
(b) Has successfully completed the certified training 362
curriculum for a Class D license or has been determined by the 363
Department of Agriculture and Consumer Services to have 364
equivalent experience as established by rule of the department. 365
(c) Has completed the training or training equivalency and 366
testing process established by this s ection for becoming a 367
certified seaport security officer. 368
(3) The Seaport Security Officer Qualification, Training, 369
and Standards Coordinating Council is created under the 370
Department of Law Enforcement. 371
(a) The executive director of the Department of L aw 372
Enforcement shall appoint 11 members to the council, to include: 373
1. The seaport administrator of the Department of Law 374
Enforcement. 375
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2. The Commissioner of Education or his or her designee. 376
3. The director of the Division of Licensing of the 377
Department of Agriculture and Consumer Services. 378
4. The administrator of the Florida Seaport Transportation 379
and Economic Development Council. 380
5. Two seaport security directors from seaports designated 381
under s. 311.09. 382
6. One director of a state law enforce ment academy. 383
7. One representative of a local law enforcement agency. 384
8. Two representatives of contract security services. 385
9. One representative of the Department of Highway Safety 386
and Motor Vehicles. 387
Section 10. For the purpose of incorporating the amendment 388
made by this act to section 311.09, Florida Statutes, in a 389
reference thereto, subsection (1) of section 311.14, Florida 390
Statutes, is reenacted to read: 391
311.14 Seaport planning. — 392
(1) The Department of Transportation shall dev elop, in 393
coordination with the ports listed in s. 311.09(1) and other 394
partners, a Statewide Seaport and Waterways System Plan. This 395
plan shall be consistent with the goals of the Florida 396
Transportation Plan developed pursuant to s. 339.155 and shall 397
consider needs identified in individual port master plans and 398
those from the seaport strategic plans required under this 399
section. The plan will identify 5 -year, 10-year, and 20-year 400
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needs for the seaport system and will include seaport, waterway, 401
road, and rail projects that are needed to ensure the success of 402
the transportation system as a whole in supporting state 403
economic development goals. 404
Section 11. For the purpose of incorporating the amendment 405
made by this act to section 311.09, Florida Statutes, in a 406
reference thereto, section 315.18, Florida Statutes, is 407
reenacted to read: 408
315.18 Confidentiality of certain records held by 409
deepwater ports.—Any proposal or counterproposal exchanged 410
between a deepwater port listed in s. 311.09(1) and any 411
nongovernmental entity, relating to the sale, use, or lease of 412
land or of port facilities, and any financial records submitted 413
by any nongovernmental entity to such a deepwater port for the 414
purpose of the sale, use, or lease of land or of port 415
facilities, are confident ial and exempt from s. 119.07(1) and s. 416
24(a), Art. I of the State Constitution. However, 30 days before 417
any such proposal or counterproposal is considered for approval 418
by the governing body of such a deepwater port, the proposal or 419
counterproposal shall c ease to be exempt. If no proposal or 420
counterproposal is submitted to the governing body for approval, 421
such a proposal or counterproposal shall cease to be exempt 90 422
days after the cessation of negotiations. 423
Section 12. For the purpose of incorporating the amendment 424
made by this act to section 311.09, Florida Statutes, in 425
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references thereto, subsections (3) and (4) of section 320.20, 426
Florida Statutes, are reenacted to read: 427
320.20 Disposition of license tax moneys. —The revenue 428
derived from the registra tion of motor vehicles, including any 429
delinquent fees and excluding those revenues collected and 430
distributed under the provisions of s. 320.081, must be 431
distributed monthly, as collected, as follows: 432
(3) Notwithstanding any other provision of law except 433
subsections (1) and (2), $15 million shall be deposited annually 434
into the State Transportation Trust Fund solely for the purposes 435
of funding the Florida Seaport Transportation and Economic 436
Development Program as provided in chapter 311. Such revenues 437
shall be distributed on a 50 -50 matching basis to any port 438
listed in s. 311.09(1) to be used for funding projects as 439
described in s. 311.07(3)(b). Such revenues may be assigned, 440
pledged, or set aside as a trust for the payment of principal or 441
interest on bonds, tax anticipation certificates, or any other 442
form of indebtedness issued by an individual port or appropriate 443
local government having jurisdiction thereof, or collectively by 444
interlocal agreement among any of the ports, or used to purchase 445
credit support to permit such borrowings. However, such debt is 446
not a general obligation of the state. The state covenants with 447
holders of such revenue bonds or other instruments of 448
indebtedness issued that it will not repeal or impair or amend 449
in any manner that will mat erially and adversely affect the 450
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rights of such holders so long as bonds authorized by this 451
section are outstanding. Any revenues that are not pledged to 452
the repayment of bonds authorized by this section may be used 453
for purposes authorized under the Florid a Seaport Transportation 454
and Economic Development Program. This revenue source is in 455
addition to any amounts provided and appropriated in accordance 456
with s. 311.07. The Florida Seaport Transportation and Economic 457
Development Council shall approve the distr ibution of funds to 458
ports for projects that have been approved pursuant to s. 459
311.09(5)-(8). The council and the Department of Transportation 460
may perform acts required to facilitate and implement this 461
subsection. To better enable the ports to cooperate to their 462
mutual advantage, the governing body of each port may exercise 463
powers provided to municipalities or counties in s. 163.01(7)(d) 464
subject to chapter 311 and special acts, if any, pertaining to a 465
port. The use of funds provided pursuant to this subsecti on are 466
limited to eligible projects listed in this subsection. Income 467
derived from a project completed with the use of program funds, 468
beyond operating costs and debt service, is restricted solely to 469
further port capital improvements consistent with maritim e 470
purposes. Use of such income for nonmaritime purposes is 471
prohibited. The revenues available under this subsection may not 472
be pledged to the payment of any bonds other than the Florida 473
Ports Financing Commission Series 1996 and Series 1999 Bonds 474
currently outstanding; however, such revenues may be pledged to 475
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secure payment of refunding bonds to refinance the Florida Ports 476
Financing Commission Series 1996 and Series 1999 Bonds. 477
Refunding bonds secured by revenues available under this 478
subsection may not be i ssued with a final maturity later than 479
the final maturity of the Florida Ports Financing Commission 480
Series 1996 and Series 1999 Bonds or which provide for higher 481
debt service in any year than is currently payable on such 482
bonds. Any revenue bonds or other i ndebtedness issued after July 483
1, 2000, other than refunding bonds shall be issued by the 484
Division of Bond Finance at the request of the Department of 485
Transportation pursuant to the State Bond Act. 486
(4) Notwithstanding any other provision of law except 487
subsections (1), (2), and (3), $10 million shall be deposited 488
annually into the State Transportation Trust Fund solely for the 489
purposes of funding the Florida Seaport Transportation and 490
Economic Development Program as provided in chapter 311 and for 491
funding seaport intermodal access projects of statewide 492
significance as provided in s. 341.053. Such revenues shall be 493
distributed to any port listed in s. 311.09(1), to be used for 494
funding projects as follows: 495
(a) For any seaport intermodal access projects that are 496
identified in the 1997 -1998 Tentative Work Program of the 497
Department of Transportation, up to the amounts needed to offset 498
the funding requirements of this section. 499
(b) For seaport intermodal access projects as described in 500
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s. 341.053(6) which are id entified in the 5-year Florida Seaport 501
Mission Plan as provided in s. 311.09(3). Funding for such 502
projects shall be on a matching basis as mutually determined by 503
the Florida Seaport Transportation and Economic Development 504
Council and the Department of Tran sportation if a minimum of 25 505
percent of total project funds come from any port funds, local 506
funds, private funds, or specifically earmarked federal funds. 507
(c) On a 50-50 matching basis for projects as described in 508
s. 311.07(3)(b). 509
(d) For seaport inte rmodal access projects that involve 510
the dredging or deepening of channels, turning basins, or 511
harbors; or the rehabilitation of wharves, docks, or similar 512
structures. Funding for such projects requires a 25 percent 513
match of the funds received pursuant to t his subsection. 514
Matching funds must come from port funds, federal funds, local 515
funds, or private funds. 516
517
Such revenues may be assigned, pledged, or set aside as a trust 518
for the payment of principal or interest on bonds, tax 519
anticipation certificates, or ot her form of indebtedness issued 520
by an individual port or appropriate local government having 521
jurisdiction thereof, or collectively by interlocal agreement 522
among any of the ports, or used to purchase credit support to 523
permit such borrowings. However, such d ebt is not a general 524
obligation of the state. This state covenants with holders of 525
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such revenue bonds or other instruments of indebtedness issued 526
hereunder that it will not repeal, impair, or amend this 527
subsection in a manner that will materially and adver sely affect 528
the rights of holders while bonds authorized by this subsection 529
remain outstanding. Revenues that are not pledged to the 530
repayment of bonds as authorized by this section may be used for 531
purposes authorized under the Florida Seaport Transportati on and 532
Economic Development Program. This revenue source is in addition 533
to any amounts provided for and appropriated in accordance with 534
s. 311.07 and subsection (3). The Florida Seaport Transportation 535
and Economic Development Council shall approve distribu tion of 536
funds to ports for projects that have been approved pursuant to 537
s. 311.09(5)-(8), or for seaport intermodal access projects 538
identified in the 5-year Florida Seaport Mission Plan as 539
provided in s. 311.09(3) and mutually agreed upon by the Florida 540
Seaport Transportation and Economic Development Council and the 541
Department of Transportation. All contracts for actual 542
construction of projects authorized by this subsection must 543
include a provision encouraging employment of participants in 544
the welfare transition program. The goal for such employment is 545
25 percent of all new employees employed specifically for the 546
project, unless the Department of Transportation and the Florida 547
Seaport Transportation and Economic Development Council 548
demonstrate that such a re quirement would severely hamper the 549
successful completion of the project. In such an instance, 550
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CareerSource Florida, Inc., shall establish an appropriate 551
percentage of employees who are participants in the welfare 552
transition program. The council and the De partment of 553
Transportation may perform such acts as are required to 554
facilitate and implement the provisions of this subsection. To 555
better enable the ports to cooperate to their mutual advantage, 556
the governing body of each port may exercise powers provided to 557
municipalities or counties in s. 163.01(7)(d) subject to the 558
provisions of chapter 311 and special acts, if any, pertaining 559
to a port. The use of funds provided pursuant to this subsection 560
is limited to eligible projects listed in this subsection. The 561
revenues available under this subsection may not be pledged to 562
the payment of any bonds other than the Florida Ports Financing 563
Commission Series 1996 and Series 1999 Bonds currently 564
outstanding; however, such revenues may be pledged to secure 565
payment of refunding bonds to refinance the Florida Ports 566
Financing Commission Series 1996 and Series 1999 Bonds. 567
Refunding bonds secured by revenues available under this 568
subsection may not be issued with a final maturity later than 569
the final maturity of the Florida Por ts Financing Commission 570
Series 1996 and Series 1999 Bonds and may not provide for higher 571
debt service in any year than is currently payable on such 572
bonds. Any revenue bonds or other indebtedness issued after July 573
1, 2000, other than refunding bonds shall b e issued by the 574
Division of Bond Finance at the request of the Department of 575
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Transportation pursuant to the State Bond Act. 576
Section 13. For the purpose of incorporating the amendment 577
made by this act to section 311.09, Florida Statutes, in a 578
reference thereto, subsection (1) of section 334.27, Florida 579
Statutes, is reenacted to read: 580
334.27 Governmental transportation entities; property 581
acquired for transportation purposes; limitation on soil or 582
groundwater contamination liability. — 583
(1) For the purposes of this section, the term 584
"governmental transportation entity" means the department; an 585
authority created pursuant to chapter 343, chapter 348, or 586
chapter 349; airports as defined in s. 332.004(14); a port 587
enumerated in s. 311.09(1); a county; or a mun icipality. 588
Section 14. For the purpose of incorporating the amendment 589
made by this act to section 311.09, Florida Statutes, in a 590
reference thereto, subsection (7) of section 337.14, Florida 591
Statutes, is reenacted to read: 592
337.14 Application for quali fication; certificate of 593
qualification; restrictions; request for hearing. — 594
(7) A "contractor" as defined in s. 337.165(1)(d) or his 595
or her "affiliate" as defined in s. 337.165(1)(a) qualified with 596
the department under this section may not also qualify u nder s. 597
287.055 or s. 337.105 to provide testing services, construction, 598
engineering, and inspection services to the department. This 599
limitation does not apply to any design -build prequalification 600
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under s. 337.11(7) and does not apply when the department 601
otherwise determines by written order entered at least 30 days 602
before advertisement that the limitation is not in the best 603
interests of the public with respect to a particular contract 604
for testing services, construction, engineering, and inspection 605
services. This subsection does not authorize a contractor to 606
provide testing services, or provide construction, engineering, 607
and inspection services, to the department in connection with a 608
construction contract under which the contractor is performing 609
any work. Notwithstanding any other provision of law to the 610
contrary, for a project that is wholly or partially funded by 611
the department and administered by a local governmental entity, 612
except for a seaport listed in s. 311.09 or an airport as 613
defined in s. 332.004, t he entity performing design and 614
construction engineering and inspection services may not be the 615
same entity. 616
Section 15. For the purpose of incorporating the amendment 617
made by this act to section 311.09, Florida Statutes, in a 618
reference thereto, subsec tion (12) of section 373.406, Florida 619
Statutes, is reenacted to read: 620
373.406 Exemptions. —The following exemptions shall apply: 621
(12) An overwater pier, dock, or a similar structure 622
located in a deepwater port listed in s. 311.09 is not 623
considered to be part of a stormwater management system for 624
which this chapter or chapter 403 requires stormwater from 625
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impervious surfaces to be treated if: 626
(a) The port has a stormwater pollution prevention plan 627
for industrial activities pursuant to the National Pollut ant 628
Discharge Elimination System Program; and 629
(b) The stormwater pollution prevention plan also provides 630
similar pollution prevention measures for other activities that 631
are not subject to the National Pollutant Discharge Elimination 632
System Program and th at occur on the port's overwater piers, 633
docks, and similar structures. 634
Section 16. For the purpose of incorporating the amendment 635
made by this act to section 311.09, Florida Statutes, in 636
references thereto, subsections (2) and (10) of section 637
373.4133, Florida Statutes, are reenacted to read: 638
373.4133 Port conceptual permits. — 639
(2) Any port listed in s. 311.09(1) may apply to the 640
department for a port conceptual permit, including any 641
applicable authorization under chapter 253 to use sovereignty 642
submerged lands under a joint coastal permit pursuant to s. 643
161.055 or an environment al resource permit issued pursuant to 644
this part, for all or a portion of the area within the 645
geographic boundaries of the port. A private entity with a 646
controlling interest in property used for private industrial 647
marine activities in the immediate vicinity of a port listed in 648
s. 311.09(1) may also apply for a port conceptual permit under 649
this section. A port conceptual permit may be issued for a 650
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period of up to 20 years and extended one time for an additional 651
10 years. A port conceptual permit constitutes t he state's 652
conceptual certification of compliance with state water quality 653
standards for purposes of s. 401 of the Clean Water Act and the 654
state's conceptual determination that the activities contained 655
in the port conceptual permit are consistent with the state 656
coastal zone management program. 657
(10) In lieu of meeting the generally applicable 658
stormwater design standards in rules adopted under this part, 659
which create a presumption that stormwater discharged from the 660
system will meet the applicable state wat er quality standards in 661
the receiving waters, any port listed in s. 311.09(1) may 662
propose alternative stormwater treatment and design criteria for 663
the construction, operation, and maintenance of stormwater 664
management systems serving overwater piers. The pr oposal shall 665
include such structural components or best management practices 666
to address the stormwater discharge from the pier, including 667
consideration of activities conducted on the pier, as are 668
necessary to provide reasonable assurance that stormwater 669
discharged from the system will meet the applicable state water 670
quality standards in the receiving waters. 671
Section 17. For the purpose of incorporating the amendment 672
made by this act to section 311.09, Florida Statutes, in a 673
reference thereto, paragraph (d) of subsection (6) of section 674
373.4136, Florida Statutes, is reenacted to read: 675
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373.4136 Establishment and operation of mitigation banks. — 676
(6) MITIGATION SERVICE AREA. —The department or water 677
management district shall establish a mitigation service area 678
for each mitigation bank permit. The department or water 679
management district shall notify and consider comments received 680
on the proposed mitigation service area from each local 681
government within the proposed mitigation service area. Except 682
as provided herein, mitigation credits may be withdrawn and used 683
only to offset adverse impacts in the mitigation service area. 684
The boundaries of the mitigation service area shall depend upon 685
the geographic area where the mitigation bank could reasonably 686
be expected to offset adverse impacts. Mitigation service areas 687
may overlap, and mitigation service areas for two or more 688
mitigation banks may be approved for a regional watershed. 689
(d) If the requirements in s. 373.414(1)(b) and (8) are 690
met, the following projects o r activities regulated under this 691
part shall be eligible to use a mitigation bank, regardless of 692
whether they are located within the mitigation service area: 693
1. Projects with adverse impacts partially located within 694
the mitigation service area. 695
2. Linear projects, such as roadways, transmission lines, 696
distribution lines, pipelines, railways, or seaports listed in 697
s. 311.09(1). 698
3. Projects with total adverse impacts of less than 1 acre 699
in size. 700
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Section 18. For the purpose of incorporating the amend ment 701
made by this act to section 311.09, Florida Statutes, in 702
references thereto, subsections (38) and (39) of section 703
403.061, Florida Statutes, are reenacted to read: 704
403.061 Department; powers and duties. —The department 705
shall have the power and the du ty to control and prohibit 706
pollution of air and water in accordance with the law and rules 707
adopted and promulgated by it and, for this purpose, to: 708
(38) Provide a supplemental permitting process for the 709
issuance of a joint coastal permit pursuant to s. 1 61.055 or 710
environmental resource permit pursuant to part IV of chapter 711
373, to a port listed in s. 311.09(1), for maintenance dredging 712
and the management of dredged materials from maintenance 713
dredging of all navigation channels, port harbors, turning 714
basins, and harbor berths. Such permit shall be issued for a 715
period of 5 years and shall be annually extended for an 716
additional year if the port is in compliance with all permit 717
conditions at the time of extension. The department is 718
authorized to adopt rules to implement this subsection. 719
(39) Provide a supplemental permitting process for the 720
issuance of a conceptual joint coastal permit pursuant to s. 721
161.055 or environmental resource permit pursuant to part IV of 722
chapter 373, to a port listed in s. 311.09(1), for dredging and 723
the management of materials from dredging and for other related 724
activities necessary for development, including the expansion of 725
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navigation channels, port harbors, turning basins, harbor 726
berths, and associated facilities. Such permit shal l be issued 727
for a period of up to 15 years. The department is authorized to 728
adopt rules to implement this subsection. 729
730
The department shall implement such programs in conjunction with 731
its other powers and duties and shall place special emphasis on 732
reducing and eliminating contamination that presents a threat to 733
humans, animals or plants, or to the environment. 734
Section 19. This act shall take effect July 1, 2022. 735