This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0907.TIE
DATE: 1/22/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 907 Florida Seaport Transportation and Economic Development Council
SPONSOR(S): Payne
TIED BILLS: IDEN./SIM. BILLS: SB 1038
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Florida law designates 15 deepwater seaports: Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola,
Key West, and Fernandina. These seaports are designated by law to be represented on the Florida Seaport
Transportation Economic Development (FSTED) Council, which allocates state funds to specified types of
seaport projects.
The Putnam County Port District operates an inland river port, located along the St. Johns River in Putnam
County. The county has plans to dredge the channel to the port in order to increase commerce.
The bill adds Putnam County as a member of the FSTED Council.
The bill provides that until July 1, 2024, Putnam County may apply for a grant through the FSTED Council to
perform a feasibility study regarding the establishment of a port in Putnam County. The FSTED council must
evaluate the grant application pursuant to specified requirements in law and if approved, the Department of
Transportation must include the feasibility study in its Legislative Budget Request for FSTED funding. If the
study determines that a port in Putnam County is not feasible, Putnam County’s membership on the FSTED
Council must terminate.
The bill reenacts various statutes that cross-reference the seaports making up the FSTED Council to
incorporate Putnam County into those statutes.
The bill is not expected to have an impact on state or local revenues or expenditures.
The bill has an effective date of July 1, 2022.
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DATE: 1/22/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida is home to 15 deepwater seaports: Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
Pensacola, Key West, and Fernandina,
1
which are independently governed and operated.
2
The Department of Transportation’s (DOT) Seaports Office works with the seaports to assist with
planning and funding strategic seaport projects, as well as assisting with seaport-related issues. DOT’s
Seaports Office is responsible for statewide seaport system planning, coordinating with statewide
freight planning, project management, and coordinating seaport infrastructure projects.
3
Florida Seaport Transportation and Economic Development (FSTED) Program/FSTED Council
Created in 1990,
4
the Florida Seaport Transportation and Economic Development (FSTED) Program
within DOT finances port transportation or port facilities projects that will improve the movement and
intermodal transportation of cargo or passengers in commerce and trade and support the interests,
purposes, and requirements of all 15 seaports.
5
The FSTED Council is charged with carrying out the state’s economic development mission through
implementation of seaport capital improvement projects at the local level. The FSTED Council is
created within DOT and consists of the port directors of the 15 deepwater seaports and representatives
from DOT and the Department of Economic Opportunity (DEO).
6
Under Florida law, a minimum of $25 million per year must be made available from the State
Transportation Trust Fund for the FSTED Program. The FSTED Council must develop guidelines for
project funding. Council staff, DOT, and DEO must work in cooperation to review projects and allocate
funds in accordance with the schedule required for DOT to include these projects in its tentative work
program.
7
DOT must include FSTED funding in its annual legislative budget request, including funding for FSTED
Council-approved projects which have been determined by DOT and DEO to be consistent with Florida
law. DOT must include the approved FSTED projects during the ensuing fiscal year in its tentative work
program. The total amount of funding to be allocated to the FSTED Program during the successive 4
fiscal years must also be included in DOT’s tentative work program.
8
FSTED Program funds must be used to fund approved projects on a 50-50 matching basis with the
relevant deepwater seaport. However, program funds used to fund projects that involve the
rehabilitation of wharves, docks, berths, bulkheads, or similar structures requires a 25-percent match of
funds. Program funds also may be used by the FSTED Council for data and analysis that will assist
Florida's seaports and international trade.
9
Projects eligible for funding by grants under the FSTED Program are limited to the following port
facilities or port transportation projects:
1
S. 311.09(1), F.S.
2
Department of Transportation (DOT), Agency Analysis of 2022 Senate Bill 1038 p.2. (Dec. 6, 2021)
3
Id.
4
Ch. 90-136, Laws of Fla.
5
S. 311.07(1), F.S.
6
S. 311.09(1), F.S. Florida Ports Council, Florida Seaport Transportation and Economic Development Program,
https://flaports.org/about/florida-seaport-transportation-and-economic-development-program/ (last visited Dec. 15, 2021).
7
S. 311.07(2), F.S. DOT’s work program is developed pursuant to s. 339.135, F.S.
8
S. 311.07(9), F.S.
9
S. 311.07(3)(a), F.S. STORAGE NAME: h0907.TIE PAGE: 3
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Transportation facilities within the jurisdiction of the port.
The dredging or deepening of channels, turning basins, or harbors.
The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities,
cruise terminals, automated people mover systems, or any facilities necessary or useful in
connection with any of the foregoing.
The acquisition of vessel tracking systems, container cranes, or other mechanized equipment
used in the movement of cargo or passengers in international commerce.
The acquisition of land to be used for port purposes.
The acquisition, improvement, enlargement, or extension of existing port facilities.
Environmental protection projects which are necessary because of requirements imposed by a
state agency as a condition of a permit or other form of state approval; which are necessary for
environmental mitigation required as a condition of a state, federal, or local environmental
permit; which are necessary for the acquisition of spoil disposal sites and improvements to
existing and future spoil sites; or which result from the funding of eligible projects.
Transportation facilities which are not otherwise part of DOTs adopted work program.
Intermodal access projects.
Construction or rehabilitation of port facilities, excluding any park or recreational facilities, in
ports with operating revenues of $5 million or less, provided that such projects create economic
development opportunities, capital improvements, and positive financial returns to such ports.
Seaport master plan or strategic plan development or updates, including the purchase of data to
support such plans.
10
To be eligible for consideration by the FSTED Council, a project must be consistent with the port
comprehensive master plan that is incorporated as part of the approved local government
comprehensive plan.
11
Putnam County Port District
Created in 1967 by special act,
12
the Putnam County Port District is a dependent special district
consisting of all of Putnam County. Its board consists of the Putnam County Board of County
Commissioners. The district operates an inland river port, located along the St. Johns River in Putnam
County.
Putnam County proposes dredging a 5,000-foot branch channel on the St. Johns River from the current
barge berth to the St. John’s channel and adding a turning basin to enhance both navigability and
safety. The current depth is 7 feet at low water. The proposed dredging will increase the depth to 12
feet at low water. This will allow the size and capacity vessels able to visit the port to increase
substantially.
13
Effect of the Bill
The bill adds Putnam County as a member the FSTED Council.
The bill provides that until July 1, 2024, Putnam County may apply for a grant through the FSTED
Council to perform a feasibility study regarding the establishment of a port in Putnam County. The
FSTED Council must evaluate the grant application pursuant to the statutory provisions that govern the
council’s review of other proposed port projects. If approved, DOT must include the feasibility study in
its Legislative Budget Request for FSTED funding. If the study determines that a port in Putnam County
is not feasible, Putnam County’s membership on the FSTED Council must terminate.
The bill reenacts various statutes which cross-reference the seaports making up the FSTED Council to
incorporate Putnam County into those statutes. These statutes include, but are not limited to, statutes
10
S. 311.07(3)(a), F.S.
11
S. 311.07(3)(c), F.S.
12
Ch. 67-1961, Laws of Fla.
13
Attachment to e-mail from SaraLynn Ard, Legislative Aide to Rep. Payne, FW: PowerPoint (Jan. 21, 2022). STORAGE NAME: h0907.TIE PAGE: 4
DATE: 1/22/2022
relating to coastal management, seaport funding, seaport security, the confidentiality of certain records
held by deepwater ports, exemptions from certain laws regarding stormwater management, and port
conceptual permits.
The bill has an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1 Amends s. 311.09, F.S., relating to the Florida Seaport Transportation and Economic
Development Council.
Section 2 Reenacts s. 163.3178, F.S., relating to coastal management.
Section 3 Reenacts s. 189.068, F.S., relating to special districts; authority for oversight; general
oversight review process.
Section 4 Reenacts s. 311.07, F.S., relating to Florida seaport transportation and economic
development funding.
Section 5 Reenacts s. 311.091, F.S., relating to entry into public-private infrastructure project
agreements for port-related public infrastructure projects.
Section 6 Reenacts s. 311.10, F.S., relating to the Strategic Port Investment Initiative.
Section 7 Reenacts s. 311.101, F.S., relating to the Intermodal Logistics Center Infrastructure
Support Program.
Section 8 Reenacts s. 311.12, F.S., relating to seaport security.
Section 9 Reenacts s. 311.121, .F.S., relating to qualifications, training, and certification of
licensed security officers at Florida’s seaports,
Section 10 Reenacts s. 311.14, F.S., relating to seaport planning.
Section 11 Reenacts s. 315.18, F.S., relating to the confidentiality of certain records held by
deepwater ports.
Section 12 Reenacts s. 320.20, F.S., relating to the disposition of license tax moneys.
Section 13 Reenacts s. 334.27, F.S., relating to governmental transportation entities’ property
acquired for transportation purposes; limitation on soil and groundwater contamination
liability.
Section 14 Reenacts s. 337.14, F.S., relating to application for qualification; certificate of
qualification; restrictions; request for hearing.
Section 15 Reenacts s. 373.406, F.S., relating to exemptions regarding the management and
storage of surface waters.
Section 16 Reenacts s. 373.4133, F.S., relating to port conceptual permits.
Section 17 Reenacts s. 373.4136, F.S., relating to the establishment and operation of mitigation
banks.
Section 18 Reenacts s. 403.061, F.S., relating to department; powers and duties.
Section 19 Provides an effective date.
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DATE: 1/22/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not identify who may perform the feasibility study or what the feasibility study must
address (e.g. economic feasibility, technical feasibility). As drafted, the bill may allow Putnam County to
conduct the study that would determine its own feasibility and ongoing membership on the FSTED
Council. If this is not the intent of the bill, the bill could be clarified to address these matters.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.