| 26 | | - | circumstances; requiring the council to review the 13 |
|---|
| 27 | | - | study and make a determination; terminating the 14 |
|---|
| 28 | | - | membership of Putnam County on the council under 15 |
|---|
| 29 | | - | certain circumstances; reenacting ss. 163.3178(2)(k), 16 |
|---|
| 30 | | - | (5), and (6), 189.068(6), 311.07(1) and (3)(a) and 17 |
|---|
| 31 | | - | (b), 311.091, 311.10(1) and (2), 311.101(2), 18 |
|---|
| 32 | | - | 311.12(2)(a), (3), and (6)(a), 311.121(2) and (3)(a), 19 |
|---|
| 33 | | - | 311.14(1), 315.18, 3 20.20(3) and (4), 334.27(1), 20 |
|---|
| 34 | | - | 337.14(7), 373.406(12), 373.4133(2) and (10), 21 |
|---|
| 35 | | - | 373.4136(6)(d), and 403.061(38) and (39), F.S., 22 |
|---|
| 36 | | - | relating to coastal management, the oversight of 23 |
|---|
| 37 | | - | deepwater ports, Florida seaport transportation and 24 |
|---|
| 38 | | - | economic development funding, en try into public-25 |
|---|
| 26 | + | circumstances; terminating the membership of Putnam 13 |
|---|
| 27 | + | County on the council under certain circumstances; 14 |
|---|
| 28 | + | reenacting ss. 163.3178(2)(k), (5), and (6), 15 |
|---|
| 29 | + | 189.068(6), 311.07(1) and (3)(a) and (b), 311.091, 16 |
|---|
| 30 | + | 311.10(1) and (2), 311.101(2), 311.12(2)(a), (3), and 17 |
|---|
| 31 | + | (6)(a), 311.121(2) and (3)(a), 311.14(1), 315.18, 18 |
|---|
| 32 | + | 320.20(3) and (4), 334.27(1), 337.14(7), 373.406(12), 19 |
|---|
| 33 | + | 373.4133(2) and (10), 373.4136(6)(d), and 403.061(38) 20 |
|---|
| 34 | + | and (39), F.S., relating to coastal management, the 21 |
|---|
| 35 | + | oversight of deepwater ports, Florida seaport 22 |
|---|
| 36 | + | transportation and economic development funding, entry 23 |
|---|
| 37 | + | into public-private infrastructure project agreements 24 |
|---|
| 38 | + | for port-related public infrastructure projects, the 25 |
|---|
| 51 | | - | private infrastructure project agreements for port -26 |
|---|
| 52 | | - | related public infrastructure projects, the Strategic 27 |
|---|
| 53 | | - | Port Investment Initiative within the department, the 28 |
|---|
| 54 | | - | Intermodal Logistics Center Infrastructure Support 29 |
|---|
| 55 | | - | Program, seaport security, lic ensed security officers 30 |
|---|
| 56 | | - | at Florida seaports, seaport planning, the 31 |
|---|
| 57 | | - | confidentiality of certain records held by deepwater 32 |
|---|
| 58 | | - | ports, the disposition of license tax moneys, the 33 |
|---|
| 59 | | - | definition of the term "governmental transportation 34 |
|---|
| 60 | | - | entity," seaport contractor servic es, exemptions for 35 |
|---|
| 61 | | - | overwater piers, docks, or similar structures in 36 |
|---|
| 62 | | - | deepwater ports, port conceptual permits, the 37 |
|---|
| 63 | | - | authorized use of mitigation banks, and the duties of 38 |
|---|
| 64 | | - | the Department of Environmental Protection in 39 |
|---|
| 65 | | - | providing environmental resource permits, 40 |
|---|
| 66 | | - | respectively, to incorporate the amendment made to s. 41 |
|---|
| 67 | | - | 311.09, F.S., in references thereto; providing an 42 |
|---|
| 68 | | - | effective date. 43 |
|---|
| 51 | + | Strategic Port Investment Initiative within the 26 |
|---|
| 52 | + | department, the Intermodal Logistics Center 27 |
|---|
| 53 | + | Infrastructure Support Program, seaport security, 28 |
|---|
| 54 | + | licensed security officers at Florida seaports, 29 |
|---|
| 55 | + | seaport planning, the confidentiality of certain 30 |
|---|
| 56 | + | records held by deepwater ports, the disposition of 31 |
|---|
| 57 | + | license tax moneys, the definition of the term 32 |
|---|
| 58 | + | "governmental transportation entity," seaport 33 |
|---|
| 59 | + | contractor services, exemptions for overwater piers, 34 |
|---|
| 60 | + | docks, or similar structures in deepwater ports, port 35 |
|---|
| 61 | + | conceptual permits, the authorized use of mitigation 36 |
|---|
| 62 | + | banks, and the dutie s of the Department of 37 |
|---|
| 63 | + | Environmental Protection in providing environmental 38 |
|---|
| 64 | + | resource permits, respectively, to incorporate the 39 |
|---|
| 65 | + | amendment made to s. 311.09, F.S., in references 40 |
|---|
| 66 | + | thereto; providing an effective date. 41 |
|---|
| 67 | + | 42 |
|---|
| 68 | + | Be It Enacted by the Legislature of the State of Florida: 43 |
|---|
| 88 | | - | Development Council. — 51 |
|---|
| 89 | | - | (1) The Florida Seaport Transportation and Economic 52 |
|---|
| 90 | | - | Development Council is created within the Department of 53 |
|---|
| 91 | | - | Transportation. The council consists of the following 18 17 54 |
|---|
| 92 | | - | members: the port director, or the port director's designee, of 55 |
|---|
| 93 | | - | each of the ports of Jacksonville, Port Canaveral, Port Citrus, 56 |
|---|
| 94 | | - | Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 57 |
|---|
| 95 | | - | St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 58 |
|---|
| 96 | | - | Pensacola, Key West, and Fernandina; the secretary of the 59 |
|---|
| 97 | | - | Department of Transportation or his or her designee; and the 60 |
|---|
| 98 | | - | secretary of the Department of Economic Opportunity or his or 61 |
|---|
| 99 | | - | her designee. 62 |
|---|
| 100 | | - | (13) Until July 1, 2024, Putnam County may apply for a 63 |
|---|
| 101 | | - | grant through the Florida Seaport Transportation and Economic 64 |
|---|
| 102 | | - | Development Council to perform a study examining the economic, 65 |
|---|
| 103 | | - | technical, and operational viability of the establishment of a 66 |
|---|
| 104 | | - | port in Putnam County. The council shall evaluate the grant 67 |
|---|
| 105 | | - | application pursuant to subsections (5) –(8) and, if approved, 68 |
|---|
| 106 | | - | the Department of Transportation must include the feasibility 69 |
|---|
| 107 | | - | study in its budget request pursuant to subsection (9). The 70 |
|---|
| 108 | | - | council shall review the study upon completion to determine if a 71 |
|---|
| 109 | | - | port in Putnam County is viable. If the council does not approve 72 |
|---|
| 110 | | - | the study, the membership of Putnam County on the council must 73 |
|---|
| 111 | | - | terminate. 74 |
|---|
| 112 | | - | Section 2. For the purpose of incorporating the amendment 75 |
|---|
| 88 | + | Development Council is created within the Department of 51 |
|---|
| 89 | + | Transportation. The council consists of the following 18 17 52 |
|---|
| 90 | + | members: the port director, or the port director's designee, of 53 |
|---|
| 91 | + | each of the ports of Jacksonville, Port Canave ral, Port Citrus, 54 |
|---|
| 92 | + | Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 55 |
|---|
| 93 | + | St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 56 |
|---|
| 94 | + | Pensacola, Key West, and Fernandina; the secretary of the 57 |
|---|
| 95 | + | Department of Transportation or his or her designee; and the 58 |
|---|
| 96 | + | secretary of the Department of Economic Opportunity or his or 59 |
|---|
| 97 | + | her designee. 60 |
|---|
| 98 | + | (13) Until July 1, 2024, Putnam County may apply for a 61 |
|---|
| 99 | + | grant through the Florida Seaport Transportation and Economic 62 |
|---|
| 100 | + | Development Council to perform a feasibility study r egarding the 63 |
|---|
| 101 | + | establishment of a port in Putnam County. The council shall 64 |
|---|
| 102 | + | evaluate the grant application pursuant to subsections (5) –(8) 65 |
|---|
| 103 | + | and, if approved, the Department of Transportation must include 66 |
|---|
| 104 | + | the feasibility study in its budget request pursuant to 67 |
|---|
| 105 | + | subsection (9). If the study determines that a port in Putnam 68 |
|---|
| 106 | + | County is not feasible, the membership of Putnam County on the 69 |
|---|
| 107 | + | council must terminate. 70 |
|---|
| 108 | + | Section 2. For the purpose of incorporating the amendment 71 |
|---|
| 109 | + | made by this act to section 311.09, Florida S tatutes, in 72 |
|---|
| 110 | + | references thereto, paragraph (k) of subsection (2) and 73 |
|---|
| 111 | + | subsections (5) and (6) of section 163.3178, Florida Statutes, 74 |
|---|
| 112 | + | are reenacted to read: 75 |
|---|
| 125 | | - | made by this act to s ection 311.09, Florida Statutes, in 76 |
|---|
| 126 | | - | references thereto, paragraph (k) of subsection (2) and 77 |
|---|
| 127 | | - | subsections (5) and (6) of section 163.3178, Florida Statutes, 78 |
|---|
| 128 | | - | are reenacted to read: 79 |
|---|
| 129 | | - | 163.3178 Coastal management. — 80 |
|---|
| 130 | | - | (2) Each coastal management element required by s. 81 |
|---|
| 131 | | - | 163.3177(6)(g) shall be based on studies, surveys, and data; be 82 |
|---|
| 132 | | - | consistent with coastal resource plans prepared and adopted 83 |
|---|
| 133 | | - | pursuant to general or special law; and contain: 84 |
|---|
| 134 | | - | (k) A component which includes the comprehensive master 85 |
|---|
| 135 | | - | plan prepared by each deepwater port listed in s. 311.09(1), 86 |
|---|
| 136 | | - | which addresses existing port facilities and any proposed 87 |
|---|
| 137 | | - | expansions, and which adequately addresses the applicable 88 |
|---|
| 138 | | - | requirements of paragraphs (a) -(k) for areas within the port and 89 |
|---|
| 139 | | - | proposed expansion areas. Such c omponent shall be submitted to 90 |
|---|
| 140 | | - | the appropriate local government at least 6 months prior to the 91 |
|---|
| 141 | | - | due date of the local plan and shall be integrated with, and 92 |
|---|
| 142 | | - | shall meet all criteria specified in, the coastal management 93 |
|---|
| 143 | | - | element. "The appropriate local governm ent" means the 94 |
|---|
| 144 | | - | municipality having the responsibility for the area in which the 95 |
|---|
| 145 | | - | deepwater port lies, except that where no municipality has 96 |
|---|
| 146 | | - | responsibility, where a municipality and a county each have 97 |
|---|
| 147 | | - | responsibility, or where two or more municipalities each have 98 |
|---|
| 148 | | - | responsibility for the area in which the deepwater port lies, 99 |
|---|
| 149 | | - | "the appropriate local government" means the county which has 100 |
|---|
| 125 | + | 163.3178 Coastal management. — 76 |
|---|
| 126 | + | (2) Each coastal management element required by s. 77 |
|---|
| 127 | + | 163.3177(6)(g) shall be based on studies, surveys, and data; be 78 |
|---|
| 128 | + | consistent with coastal resource plans prepared and adopted 79 |
|---|
| 129 | + | pursuant to general or special law; and contain: 80 |
|---|
| 130 | + | (k) A component which includes the comprehensive master 81 |
|---|
| 131 | + | plan prepared by each deepwater port liste d in s. 311.09(1), 82 |
|---|
| 132 | + | which addresses existing port facilities and any proposed 83 |
|---|
| 133 | + | expansions, and which adequately addresses the applicable 84 |
|---|
| 134 | + | requirements of paragraphs (a) -(k) for areas within the port and 85 |
|---|
| 135 | + | proposed expansion areas. Such component shall be submit ted to 86 |
|---|
| 136 | + | the appropriate local government at least 6 months prior to the 87 |
|---|
| 137 | + | due date of the local plan and shall be integrated with, and 88 |
|---|
| 138 | + | shall meet all criteria specified in, the coastal management 89 |
|---|
| 139 | + | element. "The appropriate local government" means the 90 |
|---|
| 140 | + | municipality having the responsibility for the area in which the 91 |
|---|
| 141 | + | deepwater port lies, except that where no municipality has 92 |
|---|
| 142 | + | responsibility, where a municipality and a county each have 93 |
|---|
| 143 | + | responsibility, or where two or more municipalities each have 94 |
|---|
| 144 | + | responsibility for the area in which the deepwater port lies, 95 |
|---|
| 145 | + | "the appropriate local government" means the county which has 96 |
|---|
| 146 | + | responsibility for the area in which the deepwater port lies. 97 |
|---|
| 147 | + | Failure by a deepwater port which is not part of a local 98 |
|---|
| 148 | + | government to submit its compone nt to the appropriate local 99 |
|---|
| 149 | + | government shall not result in a local government being subject 100 |
|---|
| 162 | | - | responsibility for the area in which the deepwater port lies. 101 |
|---|
| 163 | | - | Failure by a deepwater port which is not part of a local 102 |
|---|
| 164 | | - | government to submit its component to the appropriate local 103 |
|---|
| 165 | | - | government shall not result in a local government being subject 104 |
|---|
| 166 | | - | to sanctions pursuant to s. 163.3184. However, a deepwater port 105 |
|---|
| 167 | | - | which is not part of a local government shall be subject to 106 |
|---|
| 168 | | - | sanctions pursuant to s. 163.3184. 107 |
|---|
| 169 | | - | (5) The appropriate dispute resolution process provided 108 |
|---|
| 170 | | - | under s. 186.509 must be used to reconcile inconsistencies 109 |
|---|
| 171 | | - | between port master plans and local comprehensive plans. In 110 |
|---|
| 172 | | - | recognition of the state's commitment to deepwater ports, th e 111 |
|---|
| 173 | | - | state comprehensive plan must include goals, objectives, and 112 |
|---|
| 174 | | - | policies that establish a statewide strategy for enhancement of 113 |
|---|
| 175 | | - | existing deepwater ports, ensuring that priority is given to 114 |
|---|
| 176 | | - | water-dependent land uses. As an incentive for promoting plan 115 |
|---|
| 177 | | - | consistency, port facilities as defined in s. 315.02(6) on lands 116 |
|---|
| 178 | | - | owned or controlled by a deepwater port as defined in s. 117 |
|---|
| 179 | | - | 311.09(1), as of the effective date of this act shall not be 118 |
|---|
| 180 | | - | subject to development -of-regional-impact review provided the 119 |
|---|
| 181 | | - | port either successfully completes an alternative comprehensive 120 |
|---|
| 182 | | - | development agreement with a local government pursuant to ss. 121 |
|---|
| 183 | | - | 163.3220-163.3243 or successfully enters into a development 122 |
|---|
| 184 | | - | agreement with the state land planning agency and applicable 123 |
|---|
| 185 | | - | local government pursuant to s. 380.032 or, where the port is a 124 |
|---|
| 186 | | - | department of a local government, successfully enters into a 125 |
|---|
| 162 | + | to sanctions pursuant to s. 163.3184. However, a deepwater port 101 |
|---|
| 163 | + | which is not part of a local government shall be subject to 102 |
|---|
| 164 | + | sanctions pursuant to s. 163.3184. 103 |
|---|
| 165 | + | (5) The appropriate dispute resolution process provided 104 |
|---|
| 166 | + | under s. 186.509 must be used to reconcile inconsistencies 105 |
|---|
| 167 | + | between port master plans and local comprehensive plans. In 106 |
|---|
| 168 | + | recognition of the state's commitment to deepwater ports, the 107 |
|---|
| 169 | + | state comprehensive pl an must include goals, objectives, and 108 |
|---|
| 170 | + | policies that establish a statewide strategy for enhancement of 109 |
|---|
| 171 | + | existing deepwater ports, ensuring that priority is given to 110 |
|---|
| 172 | + | water-dependent land uses. As an incentive for promoting plan 111 |
|---|
| 173 | + | consistency, port facilities a s defined in s. 315.02(6) on lands 112 |
|---|
| 174 | + | owned or controlled by a deepwater port as defined in s. 113 |
|---|
| 175 | + | 311.09(1), as of the effective date of this act shall not be 114 |
|---|
| 176 | + | subject to development -of-regional-impact review provided the 115 |
|---|
| 177 | + | port either successfully completes an alt ernative comprehensive 116 |
|---|
| 178 | + | development agreement with a local government pursuant to ss. 117 |
|---|
| 179 | + | 163.3220-163.3243 or successfully enters into a development 118 |
|---|
| 180 | + | agreement with the state land planning agency and applicable 119 |
|---|
| 181 | + | local government pursuant to s. 380.032 or, where the port is a 120 |
|---|
| 182 | + | department of a local government, successfully enters into a 121 |
|---|
| 183 | + | development agreement with the state land planning agency 122 |
|---|
| 184 | + | pursuant to s. 380.032. Port facilities as defined in s. 123 |
|---|
| 185 | + | 315.02(6) on lands not owned or controlled by a deepwater port 124 |
|---|
| 186 | + | as defined in s. 311.09(1) as of the effective date of this act 125 |
|---|
| 199 | | - | development agreement with the state land planning agency 126 |
|---|
| 200 | | - | pursuant to s. 380.032. Port facilities as defined in s. 127 |
|---|
| 201 | | - | 315.02(6) on lands not owned or controlled by a deepwater port 128 |
|---|
| 202 | | - | as defined in s. 311.09(1) as of the effective date of this act 129 |
|---|
| 203 | | - | shall not be subject to development -of-regional-impact review 130 |
|---|
| 204 | | - | provided the port successfully enters into a development 131 |
|---|
| 205 | | - | agreement with the state land planning agency and ap plicable 132 |
|---|
| 206 | | - | local government pursuant to s. 380.032 or, where the port is a 133 |
|---|
| 207 | | - | department of a local government, successfully enters into a 134 |
|---|
| 208 | | - | development agreement with the state land planning agency 135 |
|---|
| 209 | | - | pursuant to s. 380.032. 136 |
|---|
| 210 | | - | (6) Each port listed in s. 311.09(1) a nd each local 137 |
|---|
| 211 | | - | government in the coastal area which has spoil disposal 138 |
|---|
| 212 | | - | responsibilities shall provide for or identify disposal sites 139 |
|---|
| 213 | | - | for dredged materials in the future land use and port elements 140 |
|---|
| 214 | | - | of the local comprehensive plan as needed to assure proper lo ng-141 |
|---|
| 215 | | - | term management of material dredged from navigation channels, 142 |
|---|
| 216 | | - | sufficient long-range disposal capacity, environmental 143 |
|---|
| 217 | | - | sensitivity and compatibility, and reasonable cost and 144 |
|---|
| 218 | | - | transportation. The disposal site selection criteria shall be 145 |
|---|
| 219 | | - | developed in consultation with navigation and inlet districts 146 |
|---|
| 220 | | - | and other appropriate state and federal agencies and the public. 147 |
|---|
| 221 | | - | For areas owned or controlled by ports listed in s. 311.09(1) 148 |
|---|
| 222 | | - | and proposed port expansion areas, compliance with the 149 |
|---|
| 223 | | - | provisions of this subsection s hall be achieved through 150 |
|---|
| 199 | + | shall not be subject to development -of-regional-impact review 126 |
|---|
| 200 | + | provided the port successfully enters into a development 127 |
|---|
| 201 | + | agreement with the state land planning agency and applicable 128 |
|---|
| 202 | + | local government pursuant to s. 380.032 or, where the port is a 129 |
|---|
| 203 | + | department of a local government, successfully enters into a 130 |
|---|
| 204 | + | development agreement with the state land planning agency 131 |
|---|
| 205 | + | pursuant to s. 380.032. 132 |
|---|
| 206 | + | (6) Each port listed in s. 311.09(1) and each local 133 |
|---|
| 207 | + | government in the coastal area which has spoil disposal 134 |
|---|
| 208 | + | responsibilities shall provide for or identify disposal sites 135 |
|---|
| 209 | + | for dredged materials in the future land use and port elements 136 |
|---|
| 210 | + | of the local comprehensive plan as needed to assure proper long -137 |
|---|
| 211 | + | term management of ma terial dredged from navigation channels, 138 |
|---|
| 212 | + | sufficient long-range disposal capacity, environmental 139 |
|---|
| 213 | + | sensitivity and compatibility, and reasonable cost and 140 |
|---|
| 214 | + | transportation. The disposal site selection criteria shall be 141 |
|---|
| 215 | + | developed in consultation with navigation a nd inlet districts 142 |
|---|
| 216 | + | and other appropriate state and federal agencies and the public. 143 |
|---|
| 217 | + | For areas owned or controlled by ports listed in s. 311.09(1) 144 |
|---|
| 218 | + | and proposed port expansion areas, compliance with the 145 |
|---|
| 219 | + | provisions of this subsection shall be achieved through 146 |
|---|
| 220 | + | comprehensive master plans prepared by each port and integrated 147 |
|---|
| 221 | + | with the appropriate local plan pursuant to paragraph (2)(k). 148 |
|---|
| 222 | + | Section 3. For the purpose of incorporating the amendment 149 |
|---|
| 223 | + | made by this act to section 311.09, Florida Statutes, in a 150 |
|---|
| 236 | | - | comprehensive master plans prepared by each port and integrated 151 |
|---|
| 237 | | - | with the appropriate local plan pursuant to paragraph (2)(k). 152 |
|---|
| 238 | | - | Section 3. For the purpose of incorporating the amendment 153 |
|---|
| 239 | | - | made by this act to section 311.09, Florida Statutes, in a 154 |
|---|
| 240 | | - | reference thereto, subsection (6) of section 189.068, Florida 155 |
|---|
| 241 | | - | Statutes, is reenacted to read: 156 |
|---|
| 242 | | - | 189.068 Special districts; authority for oversight; 157 |
|---|
| 243 | | - | general oversight review process. — 158 |
|---|
| 244 | | - | (6) This section does not apply to a deepwater port listed 159 |
|---|
| 245 | | - | in s. 311.09(1) which is in compliance with a port master plan 160 |
|---|
| 246 | | - | adopted pursuant to s. 163.3178(2)(k), or to an airport 161 |
|---|
| 247 | | - | authority operating in compliance with an airport master plan 162 |
|---|
| 248 | | - | approved by the Federal Aviation Administration, or to any 163 |
|---|
| 249 | | - | special district organized to operate health systems and 164 |
|---|
| 250 | | - | facilities licensed under chapter 395, chapter 400, or chapter 165 |
|---|
| 251 | | - | 429. 166 |
|---|
| 252 | | - | Section 4. For the purpose of incorporating the amendment 167 |
|---|
| 253 | | - | made by this act to section 311.09, Florida Statutes, in 168 |
|---|
| 254 | | - | references thereto, s ubsection (1) and paragraphs (a) and (b) of 169 |
|---|
| 255 | | - | subsection (3) of section 311.07, Florida Statutes, are 170 |
|---|
| 256 | | - | reenacted to read: 171 |
|---|
| 257 | | - | 311.07 Florida seaport transportation and economic 172 |
|---|
| 258 | | - | development funding. — 173 |
|---|
| 259 | | - | (1) There is created the Florida Seaport Transportation 174 |
|---|
| 260 | | - | and Economic Development Program within the Department of 175 |
|---|
| 236 | + | reference thereto, subsection (6) of section 189.068, Florida 151 |
|---|
| 237 | + | Statutes, is reenacted to read: 152 |
|---|
| 238 | + | 189.068 Special districts; authority for oversight; 153 |
|---|
| 239 | + | general oversight review process. — 154 |
|---|
| 240 | + | (6) This section does not apply to a deepwater port listed 155 |
|---|
| 241 | + | in s. 311.09(1) which is in compliance with a port master plan 156 |
|---|
| 242 | + | adopted pursuant to s. 163.3178(2)(k), or to an airport 157 |
|---|
| 243 | + | authority operating in compliance with an airport master plan 158 |
|---|
| 244 | + | approved by the Federal Aviation Administration, or to any 159 |
|---|
| 245 | + | special district organized to op erate health systems and 160 |
|---|
| 246 | + | facilities licensed under chapter 395, chapter 400, or chapter 161 |
|---|
| 247 | + | 429. 162 |
|---|
| 248 | + | Section 4. For the purpose of incorporating the amendment 163 |
|---|
| 249 | + | made by this act to section 311.09, Florida Statutes, in 164 |
|---|
| 250 | + | references thereto, subsection (1) and parag raphs (a) and (b) of 165 |
|---|
| 251 | + | subsection (3) of section 311.07, Florida Statutes, are 166 |
|---|
| 252 | + | reenacted to read: 167 |
|---|
| 253 | + | 311.07 Florida seaport transportation and economic 168 |
|---|
| 254 | + | development funding. — 169 |
|---|
| 255 | + | (1) There is created the Florida Seaport Transportation 170 |
|---|
| 256 | + | and Economic Development Pr ogram within the Department of 171 |
|---|
| 257 | + | Transportation to finance port transportation or port facilities 172 |
|---|
| 258 | + | projects that will improve the movement and intermodal 173 |
|---|
| 259 | + | transportation of cargo or passengers in commerce and trade and 174 |
|---|
| 260 | + | support the interests, purposes, and requ irements of all ports 175 |
|---|
| 273 | | - | Transportation to finance port transportation or port facilities 176 |
|---|
| 274 | | - | projects that will improve the movement and intermodal 177 |
|---|
| 275 | | - | transportation of cargo or passengers in commerce and trade and 178 |
|---|
| 276 | | - | support the interests, purposes, and requirements of all ports 179 |
|---|
| 277 | | - | listed in s. 311.09. 180 |
|---|
| 278 | | - | (3)(a) Florida Seaport Transportation and Economic 181 |
|---|
| 279 | | - | Development Program funds shall be used to fund approved 182 |
|---|
| 280 | | - | projects on a 50-50 matching basis with any of the deepwater 183 |
|---|
| 281 | | - | ports, as listed in s. 311.09, which is governed by a public 184 |
|---|
| 282 | | - | body or any other deepwater port which is governed by a public 185 |
|---|
| 283 | | - | body and which complies with the water quality provisions of s. 186 |
|---|
| 284 | | - | 403.061, the comprehensive master plan requirements of s. 187 |
|---|
| 285 | | - | 163.3178(2)(k), and the local financial management and reporting 188 |
|---|
| 286 | | - | provisions of part III of chapter 218. However, program funds 189 |
|---|
| 287 | | - | used to fund projects that involve the rehabilitation of 190 |
|---|
| 288 | | - | wharves, docks, berths, bulkheads, or similar structures shall 191 |
|---|
| 289 | | - | require a 25-percent match of funds. P rogram funds also may be 192 |
|---|
| 290 | | - | used by the Seaport Transportation and Economic Development 193 |
|---|
| 291 | | - | Council for data and analysis that will assist Florida's 194 |
|---|
| 292 | | - | seaports and international trade. 195 |
|---|
| 293 | | - | (b) Projects eligible for funding by grants under the 196 |
|---|
| 294 | | - | program are limited to t he following port facilities or port 197 |
|---|
| 295 | | - | transportation projects: 198 |
|---|
| 296 | | - | 1. Transportation facilities within the jurisdiction of 199 |
|---|
| 297 | | - | the port. 200 |
|---|
| 273 | + | listed in s. 311.09. 176 |
|---|
| 274 | + | (3)(a) Florida Seaport Transportation and Economic 177 |
|---|
| 275 | + | Development Program funds shall be used to fund approved 178 |
|---|
| 276 | + | projects on a 50-50 matching basis with any of the deepwater 179 |
|---|
| 277 | + | ports, as listed in s. 311.09, which is go verned by a public 180 |
|---|
| 278 | + | body or any other deepwater port which is governed by a public 181 |
|---|
| 279 | + | body and which complies with the water quality provisions of s. 182 |
|---|
| 280 | + | 403.061, the comprehensive master plan requirements of s. 183 |
|---|
| 281 | + | 163.3178(2)(k), and the local financial management a nd reporting 184 |
|---|
| 282 | + | provisions of part III of chapter 218. However, program funds 185 |
|---|
| 283 | + | used to fund projects that involve the rehabilitation of 186 |
|---|
| 284 | + | wharves, docks, berths, bulkheads, or similar structures shall 187 |
|---|
| 285 | + | require a 25-percent match of funds. Program funds also may b e 188 |
|---|
| 286 | + | used by the Seaport Transportation and Economic Development 189 |
|---|
| 287 | + | Council for data and analysis that will assist Florida's 190 |
|---|
| 288 | + | seaports and international trade. 191 |
|---|
| 289 | + | (b) Projects eligible for funding by grants under the 192 |
|---|
| 290 | + | program are limited to the following port facil ities or port 193 |
|---|
| 291 | + | transportation projects: 194 |
|---|
| 292 | + | 1. Transportation facilities within the jurisdiction of 195 |
|---|
| 293 | + | the port. 196 |
|---|
| 294 | + | 2. The dredging or deepening of channels, turning basins, 197 |
|---|
| 295 | + | or harbors. 198 |
|---|
| 296 | + | 3. The construction or rehabilitation of wharves, docks, 199 |
|---|
| 297 | + | structures, jetties, piers, storage facilities, cruise 200 |
|---|
| 310 | | - | 2. The dredging or deepening of channels, turning basins, 201 |
|---|
| 311 | | - | or harbors. 202 |
|---|
| 312 | | - | 3. The construction or rehabilitation of wharves, do cks, 203 |
|---|
| 313 | | - | structures, jetties, piers, storage facilities, cruise 204 |
|---|
| 314 | | - | terminals, automated people mover systems, or any facilities 205 |
|---|
| 315 | | - | necessary or useful in connection with any of the foregoing. 206 |
|---|
| 316 | | - | 4. The acquisition of vessel tracking systems, container 207 |
|---|
| 317 | | - | cranes, or other mechanized equipment used in the movement of 208 |
|---|
| 318 | | - | cargo or passengers in international commerce. 209 |
|---|
| 319 | | - | 5. The acquisition of land to be used for port purposes. 210 |
|---|
| 320 | | - | 6. The acquisition, improvement, enlargement, or extension 211 |
|---|
| 321 | | - | of existing port facilities. 212 |
|---|
| 322 | | - | 7. Environmental protection projects which are necessary 213 |
|---|
| 323 | | - | because of requirements imposed by a state agency as a condition 214 |
|---|
| 324 | | - | of a permit or other form of state approval; which are necessary 215 |
|---|
| 325 | | - | for environmental mitigation required as a condition of a state, 216 |
|---|
| 326 | | - | federal, or local environmental permit; which are necessary for 217 |
|---|
| 327 | | - | the acquisition of spoil disposal sites and improvements to 218 |
|---|
| 328 | | - | existing and future spoil sites; or which result from the 219 |
|---|
| 329 | | - | funding of eligible projects listed in this paragraph. 220 |
|---|
| 330 | | - | 8. Transportation facilities as defined in s. 334.03(30) 221 |
|---|
| 331 | | - | which are not otherwise part of the Department of 222 |
|---|
| 332 | | - | Transportation's adopted work program. 223 |
|---|
| 333 | | - | 9. Intermodal access projects. 224 |
|---|
| 334 | | - | 10. Construction or rehabilitation of port facilities as 225 |
|---|
| 310 | + | terminals, automated people mover systems, or any facilities 201 |
|---|
| 311 | + | necessary or useful in connection with any of the foregoing. 202 |
|---|
| 312 | + | 4. The acquisition of vessel tracking systems, container 203 |
|---|
| 313 | + | cranes, or other mechanized equipment used in the movement of 204 |
|---|
| 314 | + | cargo or passengers in international commerce. 205 |
|---|
| 315 | + | 5. The acquisition of land to be used for port purposes. 206 |
|---|
| 316 | + | 6. The acquisition, improvement, enlargement, or extension 207 |
|---|
| 317 | + | of existing port facilities. 208 |
|---|
| 318 | + | 7. Environmental protection projec ts which are necessary 209 |
|---|
| 319 | + | because of requirements imposed by a state agency as a condition 210 |
|---|
| 320 | + | of a permit or other form of state approval; which are necessary 211 |
|---|
| 321 | + | for environmental mitigation required as a condition of a state, 212 |
|---|
| 322 | + | federal, or local environmental permit ; which are necessary for 213 |
|---|
| 323 | + | the acquisition of spoil disposal sites and improvements to 214 |
|---|
| 324 | + | existing and future spoil sites; or which result from the 215 |
|---|
| 325 | + | funding of eligible projects listed in this paragraph. 216 |
|---|
| 326 | + | 8. Transportation facilities as defined in s. 334.03(30 ) 217 |
|---|
| 327 | + | which are not otherwise part of the Department of 218 |
|---|
| 328 | + | Transportation's adopted work program. 219 |
|---|
| 329 | + | 9. Intermodal access projects. 220 |
|---|
| 330 | + | 10. Construction or rehabilitation of port facilities as 221 |
|---|
| 331 | + | defined in s. 315.02, excluding any park or recreational 222 |
|---|
| 332 | + | facilities, in ports listed in s. 311.09(1) with operating 223 |
|---|
| 333 | + | revenues of $5 million or less, provided that such projects 224 |
|---|
| 334 | + | create economic development opportunities, capital improvements, 225 |
|---|
| 347 | | - | defined in s. 315.02, excluding any park or recrea tional 226 |
|---|
| 348 | | - | facilities, in ports listed in s. 311.09(1) with operating 227 |
|---|
| 349 | | - | revenues of $5 million or less, provided that such projects 228 |
|---|
| 350 | | - | create economic development opportunities, capital improvements, 229 |
|---|
| 351 | | - | and positive financial returns to such ports. 230 |
|---|
| 352 | | - | 11. Seaport master plan or strategic plan development or 231 |
|---|
| 353 | | - | updates, including the purchase of data to support such plans. 232 |
|---|
| 354 | | - | Section 5. For the purpose of incorporating the amendment 233 |
|---|
| 355 | | - | made by this act to section 311.09, Florida Statutes, in a 234 |
|---|
| 356 | | - | reference thereto, section 311.0 91, Florida Statutes, is 235 |
|---|
| 357 | | - | reenacted to read: 236 |
|---|
| 358 | | - | 311.091 Entry into public -private infrastructure project 237 |
|---|
| 359 | | - | agreements for port-related public infrastructure projects. —A 238 |
|---|
| 360 | | - | seaport listed in s. 311.09(1) may receive or solicit proposals 239 |
|---|
| 361 | | - | from and enter into a publi c-private infrastructure project 240 |
|---|
| 362 | | - | agreement with a private entity, or a consortium of private 241 |
|---|
| 363 | | - | entities, to build, operate, manage, maintain, or finance a 242 |
|---|
| 364 | | - | port-related public infrastructure project. 243 |
|---|
| 365 | | - | Section 6. For the purpose of incorporating the amendme nt 244 |
|---|
| 366 | | - | made by this act to section 311.09, Florida Statutes, in 245 |
|---|
| 367 | | - | references thereto, subsections (1) and (2) of section 311.10, 246 |
|---|
| 368 | | - | Florida Statutes, are reenacted to read: 247 |
|---|
| 369 | | - | 311.10 Strategic Port Investment Initiative. — 248 |
|---|
| 370 | | - | (1) There is created the Strategic Port In vestment 249 |
|---|
| 371 | | - | Initiative within the Department of Transportation. Beginning in 250 |
|---|
| 347 | + | and positive financial returns to such ports. 226 |
|---|
| 348 | + | 11. Seaport master plan or strategic pla n development or 227 |
|---|
| 349 | + | updates, including the purchase of data to support such plans. 228 |
|---|
| 350 | + | Section 5. For the purpose of incorporating the amendment 229 |
|---|
| 351 | + | made by this act to section 311.09, Florida Statutes, in a 230 |
|---|
| 352 | + | reference thereto, section 311.091, Florida Statutes, i s 231 |
|---|
| 353 | + | reenacted to read: 232 |
|---|
| 354 | + | 311.091 Entry into public -private infrastructure project 233 |
|---|
| 355 | + | agreements for port-related public infrastructure projects. —A 234 |
|---|
| 356 | + | seaport listed in s. 311.09(1) may receive or solicit proposals 235 |
|---|
| 357 | + | from and enter into a public -private infrastructur e project 236 |
|---|
| 358 | + | agreement with a private entity, or a consortium of private 237 |
|---|
| 359 | + | entities, to build, operate, manage, maintain, or finance a 238 |
|---|
| 360 | + | port-related public infrastructure project. 239 |
|---|
| 361 | + | Section 6. For the purpose of incorporating the amendment 240 |
|---|
| 362 | + | made by this act to section 311.09, Florida Statutes, in 241 |
|---|
| 363 | + | references thereto, subsections (1) and (2) of section 311.10, 242 |
|---|
| 364 | + | Florida Statutes, are reenacted to read: 243 |
|---|
| 365 | + | 311.10 Strategic Port Investment Initiative. — 244 |
|---|
| 366 | + | (1) There is created the Strategic Port Investment 245 |
|---|
| 367 | + | Initiative within the Department of Transportation. Beginning in 246 |
|---|
| 368 | + | fiscal year 2012-2013, a minimum of $35 million annually shall 247 |
|---|
| 369 | + | be made available from the State Transportation Trust Fund to 248 |
|---|
| 370 | + | fund the Strategic Port Investment Initiative. The Department of 249 |
|---|
| 371 | + | Transportation shall work with the deepwater ports listed in s. 250 |
|---|
| 384 | | - | fiscal year 2012-2013, a minimum of $35 million annually shall 251 |
|---|
| 385 | | - | be made available from the State Transportation Trust Fund to 252 |
|---|
| 386 | | - | fund the Strategic Port Investment Initiative. The Depart ment of 253 |
|---|
| 387 | | - | Transportation shall work with the deepwater ports listed in s. 254 |
|---|
| 388 | | - | 311.09 to develop and maintain a priority list of strategic 255 |
|---|
| 389 | | - | investment projects. Project selection shall be based on 256 |
|---|
| 390 | | - | projects that meet the state's economic development goal of 257 |
|---|
| 391 | | - | becoming a hub for trade, logistics, and export -oriented 258 |
|---|
| 392 | | - | activities by: 259 |
|---|
| 393 | | - | (a) Providing important access and major on -port capacity 260 |
|---|
| 394 | | - | improvements; 261 |
|---|
| 395 | | - | (b) Providing capital improvements to strategically 262 |
|---|
| 396 | | - | position the state to maximize opportunities in international 263 |
|---|
| 397 | | - | trade, logistics, or the cruise industry; 264 |
|---|
| 398 | | - | (c) Achieving state goals of an integrated intermodal 265 |
|---|
| 399 | | - | transportation system; and 266 |
|---|
| 400 | | - | (d) Demonstrating the feasibility and availability of 267 |
|---|
| 401 | | - | matching funds through local or private partners. 268 |
|---|
| 402 | | - | (2) Prior to making fina l project allocations, the 269 |
|---|
| 403 | | - | Department of Transportation shall schedule a publicly noticed 270 |
|---|
| 404 | | - | workshop with the Department of Economic Opportunity and the 271 |
|---|
| 405 | | - | deepwater ports listed in s. 311.09 to review the proposed 272 |
|---|
| 406 | | - | projects. After considering the comments recei ved, the 273 |
|---|
| 407 | | - | Department of Transportation shall finalize a prioritized list 274 |
|---|
| 408 | | - | of potential projects. 275 |
|---|
| 384 | + | 311.09 to develop and maintain a priority list of strategic 251 |
|---|
| 385 | + | investment projects. Project selection shall be based on 252 |
|---|
| 386 | + | projects that meet the state's economic development goal of 253 |
|---|
| 387 | + | becoming a hub for trade, logi stics, and export-oriented 254 |
|---|
| 388 | + | activities by: 255 |
|---|
| 389 | + | (a) Providing important access and major on -port capacity 256 |
|---|
| 390 | + | improvements; 257 |
|---|
| 391 | + | (b) Providing capital improvements to strategically 258 |
|---|
| 392 | + | position the state to maximize opportunities in international 259 |
|---|
| 393 | + | trade, logistics, or the cruise industry; 260 |
|---|
| 394 | + | (c) Achieving state goals of an integrated intermodal 261 |
|---|
| 395 | + | transportation system; and 262 |
|---|
| 396 | + | (d) Demonstrating the feasibility and availability of 263 |
|---|
| 397 | + | matching funds through local or private partners. 264 |
|---|
| 398 | + | (2) Prior to making final project allocations, the 265 |
|---|
| 399 | + | Department of Transportation shall schedule a publicly noticed 266 |
|---|
| 400 | + | workshop with the Department of Economic Opportunity and the 267 |
|---|
| 401 | + | deepwater ports listed in s. 311.09 to review the proposed 268 |
|---|
| 402 | + | projects. After considering the comments received, the 269 |
|---|
| 403 | + | Department of Transportation shall finalize a prioritized list 270 |
|---|
| 404 | + | of potential projects. 271 |
|---|
| 405 | + | Section 7. For the purpose of incorporating the amendment 272 |
|---|
| 406 | + | made by this act to section 311.09, Florida Statutes, in a 273 |
|---|
| 407 | + | reference thereto, subsection (2) of section 311.101, Florida 274 |
|---|
| 408 | + | Statutes, is reenacted to read: 275 |
|---|
| 421 | | - | Section 7. For the purpose of incorporating the amendment 276 |
|---|
| 422 | | - | made by this act to section 311.09, Florida Statutes, in a 277 |
|---|
| 423 | | - | reference thereto, subsection (2) of sec tion 311.101, Florida 278 |
|---|
| 424 | | - | Statutes, is reenacted to read: 279 |
|---|
| 425 | | - | 311.101 Intermodal Logistics Center Infrastructure Support 280 |
|---|
| 426 | | - | Program.— 281 |
|---|
| 427 | | - | (2) For the purposes of this section, the term "intermodal 282 |
|---|
| 428 | | - | logistics center," including, but not limited to, an "inland 283 |
|---|
| 429 | | - | port," means a facility or group of facilities serving as a 284 |
|---|
| 430 | | - | point of intermodal transfer of freight in a specific area 285 |
|---|
| 431 | | - | physically separated from a seaport where activities relating to 286 |
|---|
| 432 | | - | transport, logistics, goods distribution, consolidation, or 287 |
|---|
| 433 | | - | value-added activities are carried out and whose activities and 288 |
|---|
| 434 | | - | services are designed to support or be supported by conveyance 289 |
|---|
| 435 | | - | or shipping through one or more seaports listed in s. 311.09. 290 |
|---|
| 436 | | - | Section 8. For the purpose of incorporating the amendment 291 |
|---|
| 437 | | - | made by this act to sect ion 311.09, Florida Statutes, in 292 |
|---|
| 438 | | - | references thereto, paragraph (a) of subsection (2), subsection 293 |
|---|
| 439 | | - | (3), and paragraph (a) of subsection (6) of section 311.12, 294 |
|---|
| 440 | | - | Florida Statutes, are reenacted to read: 295 |
|---|
| 441 | | - | 311.12 Seaport security. — 296 |
|---|
| 442 | | - | (2) SECURITY PLAN.— 297 |
|---|
| 443 | | - | (a) Each seaport listed in s. 311.09 shall adopt and 298 |
|---|
| 444 | | - | maintain a security plan specific to that seaport which provides 299 |
|---|
| 445 | | - | for a secure seaport infrastructure that promotes the safety and 300 |
|---|
| 421 | + | 311.101 Intermodal Logistics Center Infrastructure Support 276 |
|---|
| 422 | + | Program.— 277 |
|---|
| 423 | + | (2) For the purposes of this section, the term "intermodal 278 |
|---|
| 424 | + | logistics center," including, but not limited to, an "inland 279 |
|---|
| 425 | + | port," means a facility or group of facilities serving as a 280 |
|---|
| 426 | + | point of intermodal transfer of freight in a specific area 281 |
|---|
| 427 | + | physically separated from a seaport where activities relating to 282 |
|---|
| 428 | + | transport, logistics, goods distribution, consolidation, or 283 |
|---|
| 429 | + | value-added activities are carried out and w hose activities and 284 |
|---|
| 430 | + | services are designed to support or be supported by conveyance 285 |
|---|
| 431 | + | or shipping through one or more seaports listed in s. 311.09. 286 |
|---|
| 432 | + | Section 8. For the purpose of incorporating the amendment 287 |
|---|
| 433 | + | made by this act to section 311.09, Florida Statu tes, in 288 |
|---|
| 434 | + | references thereto, paragraph (a) of subsection (2), subsection 289 |
|---|
| 435 | + | (3), and paragraph (a) of subsection (6) of section 311.12, 290 |
|---|
| 436 | + | Florida Statutes, are reenacted to read: 291 |
|---|
| 437 | + | 311.12 Seaport security. — 292 |
|---|
| 438 | + | (2) SECURITY PLAN.— 293 |
|---|
| 439 | + | (a) Each seaport listed in s. 3 11.09 shall adopt and 294 |
|---|
| 440 | + | maintain a security plan specific to that seaport which provides 295 |
|---|
| 441 | + | for a secure seaport infrastructure that promotes the safety and 296 |
|---|
| 442 | + | security of state residents and visitors and the flow of 297 |
|---|
| 443 | + | legitimate trade and travel. 298 |
|---|
| 444 | + | (3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 299 |
|---|
| 445 | + | 311.09 must clearly designate in seaport security plans, and 300 |
|---|
| 458 | | - | security of state residents and visitors and the flow of 301 |
|---|
| 459 | | - | legitimate trade and t ravel. 302 |
|---|
| 460 | | - | (3) SECURE AND RESTRICTED AREAS. —Each seaport listed in s. 303 |
|---|
| 461 | | - | 311.09 must clearly designate in seaport security plans, and 304 |
|---|
| 462 | | - | clearly identify with appropriate signs and markers on the 305 |
|---|
| 463 | | - | premises of a seaport, all secure and restricted areas as 306 |
|---|
| 464 | | - | defined by 33 C.F.R. part 105. 307 |
|---|
| 465 | | - | (a)1. All seaport employees and other persons working at 308 |
|---|
| 466 | | - | the seaport who have regular access to secure or restricted 309 |
|---|
| 467 | | - | areas must comply with federal access control regulations as 310 |
|---|
| 468 | | - | prescribed in this section. 311 |
|---|
| 469 | | - | 2. All persons and object s in secure and restricted areas 312 |
|---|
| 470 | | - | are subject to search by a sworn state -certified law enforcement 313 |
|---|
| 471 | | - | officer, a Class D seaport security officer certified under 314 |
|---|
| 472 | | - | Maritime Transportation Security Act of 2002 guidelines, or an 315 |
|---|
| 473 | | - | employee of the seaport security fo rce certified under the 316 |
|---|
| 474 | | - | Maritime Transportation Security Act of 2002 guidelines. 317 |
|---|
| 475 | | - | 3. Persons found in these areas without the proper 318 |
|---|
| 476 | | - | permission are subject to the trespass provisions of ss. 810.08 319 |
|---|
| 477 | | - | and 810.09. 320 |
|---|
| 478 | | - | (b) The seaport must provide clear notice of the 321 |
|---|
| 479 | | - | prohibition against possession of concealed weapons and other 322 |
|---|
| 480 | | - | contraband material on the premises of the seaport. Any person 323 |
|---|
| 481 | | - | in a restricted area who has in his or her possession a 324 |
|---|
| 482 | | - | concealed weapon, or who operates or has possession or control 325 |
|---|
| 458 | + | clearly identify with appropriate signs and markers on the 301 |
|---|
| 459 | + | premises of a seaport, all secure and restricted areas as 302 |
|---|
| 460 | + | defined by 33 C.F.R. part 105. 303 |
|---|
| 461 | + | (a)1. All seaport employees and other persons working at 304 |
|---|
| 462 | + | the seaport who have regular access to secure or restricted 305 |
|---|
| 463 | + | areas must comply with federal access control regulations as 306 |
|---|
| 464 | + | prescribed in this section. 307 |
|---|
| 465 | + | 2. All persons and objects in secure and restricte d areas 308 |
|---|
| 466 | + | are subject to search by a sworn state -certified law enforcement 309 |
|---|
| 467 | + | officer, a Class D seaport security officer certified under 310 |
|---|
| 468 | + | Maritime Transportation Security Act of 2002 guidelines, or an 311 |
|---|
| 469 | + | employee of the seaport security force certified under the 312 |
|---|
| 470 | + | Maritime Transportation Security Act of 2002 guidelines. 313 |
|---|
| 471 | + | 3. Persons found in these areas without the proper 314 |
|---|
| 472 | + | permission are subject to the trespass provisions of ss. 810.08 315 |
|---|
| 473 | + | and 810.09. 316 |
|---|
| 474 | + | (b) The seaport must provide clear notice of the 317 |
|---|
| 475 | + | prohibition against possession of concealed weapons and other 318 |
|---|
| 476 | + | contraband material on the premises of the seaport. Any person 319 |
|---|
| 477 | + | in a restricted area who has in his or her possession a 320 |
|---|
| 478 | + | concealed weapon, or who operates or has possession or control 321 |
|---|
| 479 | + | of a vehicle in or upon which a concealed weapon is placed or 322 |
|---|
| 480 | + | stored, commits a misdemeanor of the first degree, punishable as 323 |
|---|
| 481 | + | provided in s. 775.082 or s. 775.083. This paragraph does not 324 |
|---|
| 482 | + | apply to active-duty certified federal or state law enforcement 325 |
|---|
| 495 | | - | of a vehicle in or upon which a concealed weapon is placed or 326 |
|---|
| 496 | | - | stored, commits a misdemeanor of the first degree, punishable as 327 |
|---|
| 497 | | - | provided in s. 775.082 or s. 775.083. This paragraph does not 328 |
|---|
| 498 | | - | apply to active-duty certified federal or state law enforcement 329 |
|---|
| 499 | | - | personnel or persons so designated by the seaport director in 330 |
|---|
| 500 | | - | writing. 331 |
|---|
| 501 | | - | (c) During a period of high terrorist threat level, as 332 |
|---|
| 502 | | - | designated by the United States Department of Homeland Security, 333 |
|---|
| 503 | | - | the management or controlling authority of the port may 334 |
|---|
| 504 | | - | temporarily designate any part of the seaport property as a 335 |
|---|
| 505 | | - | secure or restricted area. The duration of such designation is 336 |
|---|
| 506 | | - | limited to the period in which the high terrorist threat level 337 |
|---|
| 507 | | - | is in effect or a port emergency exists. 338 |
|---|
| 508 | | - | (6) GRANT PROGRAM.— 339 |
|---|
| 509 | | - | (a) The Florida Seapor t Transportation and Economic 340 |
|---|
| 510 | | - | Development Council shall establish a Seaport Security Grant 341 |
|---|
| 511 | | - | Program for the purpose of assisting in the implementation of 342 |
|---|
| 512 | | - | security plans and security measures at the seaports listed in 343 |
|---|
| 513 | | - | s. 311.09(1). Funds may be used for the purchase of equipment, 344 |
|---|
| 514 | | - | infrastructure needs, cybersecurity programs, and other security 345 |
|---|
| 515 | | - | measures identified in a seaport's approved federal security 346 |
|---|
| 516 | | - | plan. Such grants may not exceed 75 percent of the total cost of 347 |
|---|
| 517 | | - | the request and are subject to legislative appropriation. 348 |
|---|
| 518 | | - | Section 9. For the purpose of incorporating the amendment 349 |
|---|
| 519 | | - | made by this act to section 311.09, Florida Statutes, in 350 |
|---|
| 495 | + | personnel or persons so designated by the seaport director in 326 |
|---|
| 496 | + | writing. 327 |
|---|
| 497 | + | (c) During a period of high terrorist threat level, as 328 |
|---|
| 498 | + | designated by the United States Department of Homeland Security, 329 |
|---|
| 499 | + | the management or controlling authority of the port may 330 |
|---|
| 500 | + | temporarily designate any part of the seap ort property as a 331 |
|---|
| 501 | + | secure or restricted area. The duration of such designation is 332 |
|---|
| 502 | + | limited to the period in which the high terrorist threat level 333 |
|---|
| 503 | + | is in effect or a port emergency exists. 334 |
|---|
| 504 | + | (6) GRANT PROGRAM.— 335 |
|---|
| 505 | + | (a) The Florida Seaport Transportation and Econ omic 336 |
|---|
| 506 | + | Development Council shall establish a Seaport Security Grant 337 |
|---|
| 507 | + | Program for the purpose of assisting in the implementation of 338 |
|---|
| 508 | + | security plans and security measures at the seaports listed in 339 |
|---|
| 509 | + | s. 311.09(1). Funds may be used for the purchase of equipment, 340 |
|---|
| 510 | + | infrastructure needs, cybersecurity programs, and other security 341 |
|---|
| 511 | + | measures identified in a seaport's approved federal security 342 |
|---|
| 512 | + | plan. Such grants may not exceed 75 percent of the total cost of 343 |
|---|
| 513 | + | the request and are subject to legislative appropriation. 344 |
|---|
| 514 | + | Section 9. For the purpose of incorporating the amendment 345 |
|---|
| 515 | + | made by this act to section 311.09, Florida Statutes, in 346 |
|---|
| 516 | + | references thereto, subsection (2) and paragraph (a) of 347 |
|---|
| 517 | + | subsection (3) of section 311.121, Florida Statutes, are 348 |
|---|
| 518 | + | reenacted to read: 349 |
|---|
| 519 | + | 311.121 Qualifications, training, and certification of 350 |
|---|
| 532 | | - | references thereto, subsection (2) and paragraph (a) of 351 |
|---|
| 533 | | - | subsection (3) of section 311.121, Florida Statutes, are 352 |
|---|
| 534 | | - | reenacted to read: 353 |
|---|
| 535 | | - | 311.121 Qualifications, training, and certification of 354 |
|---|
| 536 | | - | licensed security officers at Florida seaports. — 355 |
|---|
| 537 | | - | (2) The authority or governing board of each seaport 356 |
|---|
| 538 | | - | identified under s. 311.09 that is subject to the seaport 357 |
|---|
| 539 | | - | security standards referen ced in s. 311.12 shall require that a 358 |
|---|
| 540 | | - | candidate for certification as a seaport security officer: 359 |
|---|
| 541 | | - | (a) Has received a Class D license as a security officer 360 |
|---|
| 542 | | - | under chapter 493. 361 |
|---|
| 543 | | - | (b) Has successfully completed the certified training 362 |
|---|
| 544 | | - | curriculum for a Class D license or has been determined by the 363 |
|---|
| 545 | | - | Department of Agriculture and Consumer Services to have 364 |
|---|
| 546 | | - | equivalent experience as established by rule of the department. 365 |
|---|
| 547 | | - | (c) Has completed the training or training equivalency and 366 |
|---|
| 548 | | - | testing process established by this s ection for becoming a 367 |
|---|
| 549 | | - | certified seaport security officer. 368 |
|---|
| 550 | | - | (3) The Seaport Security Officer Qualification, Training, 369 |
|---|
| 551 | | - | and Standards Coordinating Council is created under the 370 |
|---|
| 552 | | - | Department of Law Enforcement. 371 |
|---|
| 553 | | - | (a) The executive director of the Department of L aw 372 |
|---|
| 554 | | - | Enforcement shall appoint 11 members to the council, to include: 373 |
|---|
| 555 | | - | 1. The seaport administrator of the Department of Law 374 |
|---|
| 556 | | - | Enforcement. 375 |
|---|
| 532 | + | licensed security officers at Florida seaports. — 351 |
|---|
| 533 | + | (2) The authority or governing board of each seaport 352 |
|---|
| 534 | + | identified under s. 311.09 that is subject to the seaport 353 |
|---|
| 535 | + | security standards referenced in s. 311.12 shall re quire that a 354 |
|---|
| 536 | + | candidate for certification as a seaport security officer: 355 |
|---|
| 537 | + | (a) Has received a Class D license as a security officer 356 |
|---|
| 538 | + | under chapter 493. 357 |
|---|
| 539 | + | (b) Has successfully completed the certified training 358 |
|---|
| 540 | + | curriculum for a Class D license or has been deter mined by the 359 |
|---|
| 541 | + | Department of Agriculture and Consumer Services to have 360 |
|---|
| 542 | + | equivalent experience as established by rule of the department. 361 |
|---|
| 543 | + | (c) Has completed the training or training equivalency and 362 |
|---|
| 544 | + | testing process established by this section for becoming a 363 |
|---|
| 545 | + | certified seaport security officer. 364 |
|---|
| 546 | + | (3) The Seaport Security Officer Qualification, Training, 365 |
|---|
| 547 | + | and Standards Coordinating Council is created under the 366 |
|---|
| 548 | + | Department of Law Enforcement. 367 |
|---|
| 549 | + | (a) The executive director of the Department of Law 368 |
|---|
| 550 | + | Enforcement shall appo int 11 members to the council, to include: 369 |
|---|
| 551 | + | 1. The seaport administrator of the Department of Law 370 |
|---|
| 552 | + | Enforcement. 371 |
|---|
| 553 | + | 2. The Commissioner of Education or his or her designee. 372 |
|---|
| 554 | + | 3. The director of the Division of Licensing of the 373 |
|---|
| 555 | + | Department of Agriculture and C onsumer Services. 374 |
|---|
| 556 | + | 4. The administrator of the Florida Seaport Transportation 375 |
|---|
| 569 | | - | 2. The Commissioner of Education or his or her designee. 376 |
|---|
| 570 | | - | 3. The director of the Division of Licensing of the 377 |
|---|
| 571 | | - | Department of Agriculture and Consumer Services. 378 |
|---|
| 572 | | - | 4. The administrator of the Florida Seaport Transportation 379 |
|---|
| 573 | | - | and Economic Development Council. 380 |
|---|
| 574 | | - | 5. Two seaport security directors from seaports designated 381 |
|---|
| 575 | | - | under s. 311.09. 382 |
|---|
| 576 | | - | 6. One director of a state law enforce ment academy. 383 |
|---|
| 577 | | - | 7. One representative of a local law enforcement agency. 384 |
|---|
| 578 | | - | 8. Two representatives of contract security services. 385 |
|---|
| 579 | | - | 9. One representative of the Department of Highway Safety 386 |
|---|
| 580 | | - | and Motor Vehicles. 387 |
|---|
| 581 | | - | Section 10. For the purpose of incorporating the amendment 388 |
|---|
| 582 | | - | made by this act to section 311.09, Florida Statutes, in a 389 |
|---|
| 583 | | - | reference thereto, subsection (1) of section 311.14, Florida 390 |
|---|
| 584 | | - | Statutes, is reenacted to read: 391 |
|---|
| 585 | | - | 311.14 Seaport planning. — 392 |
|---|
| 586 | | - | (1) The Department of Transportation shall dev elop, in 393 |
|---|
| 587 | | - | coordination with the ports listed in s. 311.09(1) and other 394 |
|---|
| 588 | | - | partners, a Statewide Seaport and Waterways System Plan. This 395 |
|---|
| 589 | | - | plan shall be consistent with the goals of the Florida 396 |
|---|
| 590 | | - | Transportation Plan developed pursuant to s. 339.155 and shall 397 |
|---|
| 591 | | - | consider needs identified in individual port master plans and 398 |
|---|
| 592 | | - | those from the seaport strategic plans required under this 399 |
|---|
| 593 | | - | section. The plan will identify 5 -year, 10-year, and 20-year 400 |
|---|
| 569 | + | and Economic Development Council. 376 |
|---|
| 570 | + | 5. Two seaport security directors from seaports designated 377 |
|---|
| 571 | + | under s. 311.09. 378 |
|---|
| 572 | + | 6. One director of a state law enforcement academy. 379 |
|---|
| 573 | + | 7. One representative of a local law enforcement agency. 380 |
|---|
| 574 | + | 8. Two representatives of contract security services. 381 |
|---|
| 575 | + | 9. One representative of the Department of Highway Safety 382 |
|---|
| 576 | + | and Motor Vehicles. 383 |
|---|
| 577 | + | Section 10. For the purpose of incorporating the amendment 384 |
|---|
| 578 | + | made by this act to section 311.09, Florida Statutes, in a 385 |
|---|
| 579 | + | reference thereto, subsection (1) of section 311.14, Florida 386 |
|---|
| 580 | + | Statutes, is reenacted to read: 387 |
|---|
| 581 | + | 311.14 Seaport planning. — 388 |
|---|
| 582 | + | (1) The Department of Transportation shall develop, in 389 |
|---|
| 583 | + | coordination with the ports listed in s. 311.09(1) and other 390 |
|---|
| 584 | + | partners, a Statewide Seaport and Waterways System Plan. This 391 |
|---|
| 585 | + | plan shall be consistent with the goals of the Florida 392 |
|---|
| 586 | + | Transportation Plan developed pursuant to s. 339.155 and shall 393 |
|---|
| 587 | + | consider needs identified in individual po rt master plans and 394 |
|---|
| 588 | + | those from the seaport strategic plans required under this 395 |
|---|
| 589 | + | section. The plan will identify 5 -year, 10-year, and 20-year 396 |
|---|
| 590 | + | needs for the seaport system and will include seaport, waterway, 397 |
|---|
| 591 | + | road, and rail projects that are needed to ensure t he success of 398 |
|---|
| 592 | + | the transportation system as a whole in supporting state 399 |
|---|
| 593 | + | economic development goals. 400 |
|---|
| 606 | | - | needs for the seaport system and will include seaport, waterway, 401 |
|---|
| 607 | | - | road, and rail projects that are needed to ensure the success of 402 |
|---|
| 608 | | - | the transportation system as a whole in supporting state 403 |
|---|
| 609 | | - | economic development goals. 404 |
|---|
| 610 | | - | Section 11. For the purpose of incorporating the amendment 405 |
|---|
| 611 | | - | made by this act to section 311.09, Florida Statutes, in a 406 |
|---|
| 612 | | - | reference thereto, section 315.18, Florida Statutes, is 407 |
|---|
| 613 | | - | reenacted to read: 408 |
|---|
| 614 | | - | 315.18 Confidentiality of certain records held by 409 |
|---|
| 615 | | - | deepwater ports.—Any proposal or counterproposal exchanged 410 |
|---|
| 616 | | - | between a deepwater port listed in s. 311.09(1) and any 411 |
|---|
| 617 | | - | nongovernmental entity, relating to the sale, use, or lease of 412 |
|---|
| 618 | | - | land or of port facilities, and any financial records submitted 413 |
|---|
| 619 | | - | by any nongovernmental entity to such a deepwater port for the 414 |
|---|
| 620 | | - | purpose of the sale, use, or lease of land or of port 415 |
|---|
| 621 | | - | facilities, are confident ial and exempt from s. 119.07(1) and s. 416 |
|---|
| 622 | | - | 24(a), Art. I of the State Constitution. However, 30 days before 417 |
|---|
| 623 | | - | any such proposal or counterproposal is considered for approval 418 |
|---|
| 624 | | - | by the governing body of such a deepwater port, the proposal or 419 |
|---|
| 625 | | - | counterproposal shall c ease to be exempt. If no proposal or 420 |
|---|
| 626 | | - | counterproposal is submitted to the governing body for approval, 421 |
|---|
| 627 | | - | such a proposal or counterproposal shall cease to be exempt 90 422 |
|---|
| 628 | | - | days after the cessation of negotiations. 423 |
|---|
| 629 | | - | Section 12. For the purpose of incorporating the amendment 424 |
|---|
| 630 | | - | made by this act to section 311.09, Florida Statutes, in 425 |
|---|
| 606 | + | Section 11. For the purpose of incorporating the amendment 401 |
|---|
| 607 | + | made by this act to section 311.09, Florida Statutes, in a 402 |
|---|
| 608 | + | reference thereto, section 315.18, Florida Statutes, is 403 |
|---|
| 609 | + | reenacted to read: 404 |
|---|
| 610 | + | 315.18 Confidentiality of certain records held by 405 |
|---|
| 611 | + | deepwater ports.—Any proposal or counterproposal exchanged 406 |
|---|
| 612 | + | between a deepwater port listed in s. 311.09(1) and any 407 |
|---|
| 613 | + | nongovernmental entity, relating to the sale, use , or lease of 408 |
|---|
| 614 | + | land or of port facilities, and any financial records submitted 409 |
|---|
| 615 | + | by any nongovernmental entity to such a deepwater port for the 410 |
|---|
| 616 | + | purpose of the sale, use, or lease of land or of port 411 |
|---|
| 617 | + | facilities, are confidential and exempt from s. 119.07(1) and s. 412 |
|---|
| 618 | + | 24(a), Art. I of the State Constitution. However, 30 days before 413 |
|---|
| 619 | + | any such proposal or counterproposal is considered for approval 414 |
|---|
| 620 | + | by the governing body of such a deepwater port, the proposal or 415 |
|---|
| 621 | + | counterproposal shall cease to be exempt. If no proposal or 416 |
|---|
| 622 | + | counterproposal is submitted to the governing body for approval, 417 |
|---|
| 623 | + | such a proposal or counterproposal shall cease to be exempt 90 418 |
|---|
| 624 | + | days after the cessation of negotiations. 419 |
|---|
| 625 | + | Section 12. For the purpose of incorporating the amendment 420 |
|---|
| 626 | + | made by this act to se ction 311.09, Florida Statutes, in 421 |
|---|
| 627 | + | references thereto, subsections (3) and (4) of section 320.20, 422 |
|---|
| 628 | + | Florida Statutes, are reenacted to read: 423 |
|---|
| 629 | + | 320.20 Disposition of license tax moneys. —The revenue 424 |
|---|
| 630 | + | derived from the registration of motor vehicles, including an y 425 |
|---|
| 643 | | - | references thereto, subsections (3) and (4) of section 320.20, 426 |
|---|
| 644 | | - | Florida Statutes, are reenacted to read: 427 |
|---|
| 645 | | - | 320.20 Disposition of license tax moneys. —The revenue 428 |
|---|
| 646 | | - | derived from the registra tion of motor vehicles, including any 429 |
|---|
| 647 | | - | delinquent fees and excluding those revenues collected and 430 |
|---|
| 648 | | - | distributed under the provisions of s. 320.081, must be 431 |
|---|
| 649 | | - | distributed monthly, as collected, as follows: 432 |
|---|
| 650 | | - | (3) Notwithstanding any other provision of law except 433 |
|---|
| 651 | | - | subsections (1) and (2), $15 million shall be deposited annually 434 |
|---|
| 652 | | - | into the State Transportation Trust Fund solely for the purposes 435 |
|---|
| 653 | | - | of funding the Florida Seaport Transportation and Economic 436 |
|---|
| 654 | | - | Development Program as provided in chapter 311. Such revenues 437 |
|---|
| 655 | | - | shall be distributed on a 50 -50 matching basis to any port 438 |
|---|
| 656 | | - | listed in s. 311.09(1) to be used for funding projects as 439 |
|---|
| 657 | | - | described in s. 311.07(3)(b). Such revenues may be assigned, 440 |
|---|
| 658 | | - | pledged, or set aside as a trust for the payment of principal or 441 |
|---|
| 659 | | - | interest on bonds, tax anticipation certificates, or any other 442 |
|---|
| 660 | | - | form of indebtedness issued by an individual port or appropriate 443 |
|---|
| 661 | | - | local government having jurisdiction thereof, or collectively by 444 |
|---|
| 662 | | - | interlocal agreement among any of the ports, or used to purchase 445 |
|---|
| 663 | | - | credit support to permit such borrowings. However, such debt is 446 |
|---|
| 664 | | - | not a general obligation of the state. The state covenants with 447 |
|---|
| 665 | | - | holders of such revenue bonds or other instruments of 448 |
|---|
| 666 | | - | indebtedness issued that it will not repeal or impair or amend 449 |
|---|
| 667 | | - | in any manner that will mat erially and adversely affect the 450 |
|---|
| 643 | + | delinquent fees and excluding those revenues collected and 426 |
|---|
| 644 | + | distributed under the provisions of s. 320.081, must be 427 |
|---|
| 645 | + | distributed monthly, as collected, as follows: 428 |
|---|
| 646 | + | (3) Notwithstanding any other provision of law except 429 |
|---|
| 647 | + | subsections (1) and (2), $15 million shall be deposited annually 430 |
|---|
| 648 | + | into the State Transportation Trust Fund solely for the purposes 431 |
|---|
| 649 | + | of funding the Florida Seaport Transportation and Economic 432 |
|---|
| 650 | + | Development Program as provided in chapter 311. Such revenues 433 |
|---|
| 651 | + | shall be distributed on a 50 -50 matching basis to any port 434 |
|---|
| 652 | + | listed in s. 311.09(1) to be used for funding projects as 435 |
|---|
| 653 | + | described in s. 311.07(3)(b). Such revenues may be assigned, 436 |
|---|
| 654 | + | pledged, or set aside as a trust for the payment of principal or 437 |
|---|
| 655 | + | interest on bonds, tax anticipation certificates, or a ny other 438 |
|---|
| 656 | + | form of indebtedness issued by an individual port or appropriate 439 |
|---|
| 657 | + | local government having jurisdiction thereof, or collectively by 440 |
|---|
| 658 | + | interlocal agreement among any of the ports, or used to purchase 441 |
|---|
| 659 | + | credit support to permit such borrowings. However, s uch debt is 442 |
|---|
| 660 | + | not a general obligation of the state. The state covenants with 443 |
|---|
| 661 | + | holders of such revenue bonds or other instruments of 444 |
|---|
| 662 | + | indebtedness issued that it will not repeal or impair or amend 445 |
|---|
| 663 | + | in any manner that will materially and adversely affect the 446 |
|---|
| 664 | + | rights of such holders so long as bonds authorized by this 447 |
|---|
| 665 | + | section are outstanding. Any revenues that are not pledged to 448 |
|---|
| 666 | + | the repayment of bonds authorized by this section may be used 449 |
|---|
| 667 | + | for purposes authorized under the Florida Seaport Transportation 450 |
|---|
| 680 | | - | rights of such holders so long as bonds authorized by this 451 |
|---|
| 681 | | - | section are outstanding. Any revenues that are not pledged to 452 |
|---|
| 682 | | - | the repayment of bonds authorized by this section may be used 453 |
|---|
| 683 | | - | for purposes authorized under the Florid a Seaport Transportation 454 |
|---|
| 684 | | - | and Economic Development Program. This revenue source is in 455 |
|---|
| 685 | | - | addition to any amounts provided and appropriated in accordance 456 |
|---|
| 686 | | - | with s. 311.07. The Florida Seaport Transportation and Economic 457 |
|---|
| 687 | | - | Development Council shall approve the distr ibution of funds to 458 |
|---|
| 688 | | - | ports for projects that have been approved pursuant to s. 459 |
|---|
| 689 | | - | 311.09(5)-(8). The council and the Department of Transportation 460 |
|---|
| 690 | | - | may perform acts required to facilitate and implement this 461 |
|---|
| 691 | | - | subsection. To better enable the ports to cooperate to their 462 |
|---|
| 692 | | - | mutual advantage, the governing body of each port may exercise 463 |
|---|
| 693 | | - | powers provided to municipalities or counties in s. 163.01(7)(d) 464 |
|---|
| 694 | | - | subject to chapter 311 and special acts, if any, pertaining to a 465 |
|---|
| 695 | | - | port. The use of funds provided pursuant to this subsecti on are 466 |
|---|
| 696 | | - | limited to eligible projects listed in this subsection. Income 467 |
|---|
| 697 | | - | derived from a project completed with the use of program funds, 468 |
|---|
| 698 | | - | beyond operating costs and debt service, is restricted solely to 469 |
|---|
| 699 | | - | further port capital improvements consistent with maritim e 470 |
|---|
| 700 | | - | purposes. Use of such income for nonmaritime purposes is 471 |
|---|
| 701 | | - | prohibited. The revenues available under this subsection may not 472 |
|---|
| 702 | | - | be pledged to the payment of any bonds other than the Florida 473 |
|---|
| 703 | | - | Ports Financing Commission Series 1996 and Series 1999 Bonds 474 |
|---|
| 704 | | - | currently outstanding; however, such revenues may be pledged to 475 |
|---|
| 680 | + | and Economic Development Program. This revenue source is in 451 |
|---|
| 681 | + | addition to any amounts provided and appropriated in accordance 452 |
|---|
| 682 | + | with s. 311.07. The Florida Seaport Transportation and Economic 453 |
|---|
| 683 | + | Development Council shall approve the distribution of funds to 454 |
|---|
| 684 | + | ports for projects that have been approved pursuant to s. 455 |
|---|
| 685 | + | 311.09(5)-(8). The council and the Department of Transportation 456 |
|---|
| 686 | + | may perform acts required to facilitate and implement this 457 |
|---|
| 687 | + | subsection. To better enable the ports to cooperate to their 458 |
|---|
| 688 | + | mutual advantage, the governin g body of each port may exercise 459 |
|---|
| 689 | + | powers provided to municipalities or counties in s. 163.01(7)(d) 460 |
|---|
| 690 | + | subject to chapter 311 and special acts, if any, pertaining to a 461 |
|---|
| 691 | + | port. The use of funds provided pursuant to this subsection are 462 |
|---|
| 692 | + | limited to eligible projects listed in this subsection. Income 463 |
|---|
| 693 | + | derived from a project completed with the use of program funds, 464 |
|---|
| 694 | + | beyond operating costs and debt service, is restricted solely to 465 |
|---|
| 695 | + | further port capital improvements consistent with maritime 466 |
|---|
| 696 | + | purposes. Use of such income for n onmaritime purposes is 467 |
|---|
| 697 | + | prohibited. The revenues available under this subsection may not 468 |
|---|
| 698 | + | be pledged to the payment of any bonds other than the Florida 469 |
|---|
| 699 | + | Ports Financing Commission Series 1996 and Series 1999 Bonds 470 |
|---|
| 700 | + | currently outstanding; however, such revenues may be pledged to 471 |
|---|
| 701 | + | secure payment of refunding bonds to refinance the Florida Ports 472 |
|---|
| 702 | + | Financing Commission Series 1996 and Series 1999 Bonds. 473 |
|---|
| 703 | + | Refunding bonds secured by revenues available under this 474 |
|---|
| 704 | + | subsection may not be issued with a final maturity later th an 475 |
|---|
| 717 | | - | secure payment of refunding bonds to refinance the Florida Ports 476 |
|---|
| 718 | | - | Financing Commission Series 1996 and Series 1999 Bonds. 477 |
|---|
| 719 | | - | Refunding bonds secured by revenues available under this 478 |
|---|
| 720 | | - | subsection may not be i ssued with a final maturity later than 479 |
|---|
| 721 | | - | the final maturity of the Florida Ports Financing Commission 480 |
|---|
| 722 | | - | Series 1996 and Series 1999 Bonds or which provide for higher 481 |
|---|
| 723 | | - | debt service in any year than is currently payable on such 482 |
|---|
| 724 | | - | bonds. Any revenue bonds or other i ndebtedness issued after July 483 |
|---|
| 725 | | - | 1, 2000, other than refunding bonds shall be issued by the 484 |
|---|
| 726 | | - | Division of Bond Finance at the request of the Department of 485 |
|---|
| 727 | | - | Transportation pursuant to the State Bond Act. 486 |
|---|
| 728 | | - | (4) Notwithstanding any other provision of law except 487 |
|---|
| 729 | | - | subsections (1), (2), and (3), $10 million shall be deposited 488 |
|---|
| 730 | | - | annually into the State Transportation Trust Fund solely for the 489 |
|---|
| 731 | | - | purposes of funding the Florida Seaport Transportation and 490 |
|---|
| 732 | | - | Economic Development Program as provided in chapter 311 and for 491 |
|---|
| 733 | | - | funding seaport intermodal access projects of statewide 492 |
|---|
| 734 | | - | significance as provided in s. 341.053. Such revenues shall be 493 |
|---|
| 735 | | - | distributed to any port listed in s. 311.09(1), to be used for 494 |
|---|
| 736 | | - | funding projects as follows: 495 |
|---|
| 737 | | - | (a) For any seaport intermodal access projects that are 496 |
|---|
| 738 | | - | identified in the 1997 -1998 Tentative Work Program of the 497 |
|---|
| 739 | | - | Department of Transportation, up to the amounts needed to offset 498 |
|---|
| 740 | | - | the funding requirements of this section. 499 |
|---|
| 741 | | - | (b) For seaport intermodal access projects as described in 500 |
|---|
| 717 | + | the final maturity of the Florida Ports Financing Commission 476 |
|---|
| 718 | + | Series 1996 and Series 1999 Bonds or which provide for higher 477 |
|---|
| 719 | + | debt service in any year than is currently payable on such 478 |
|---|
| 720 | + | bonds. Any revenue bonds or other indebtedness issued after July 479 |
|---|
| 721 | + | 1, 2000, other than refunding bonds shall be issued by the 480 |
|---|
| 722 | + | Division of Bond Finance at the request of the Department of 481 |
|---|
| 723 | + | Transportation pursuant to the State Bond Act. 482 |
|---|
| 724 | + | (4) Notwithstanding any other provision of law except 483 |
|---|
| 725 | + | subsections (1), (2), and (3), $10 mill ion shall be deposited 484 |
|---|
| 726 | + | annually into the State Transportation Trust Fund solely for the 485 |
|---|
| 727 | + | purposes of funding the Florida Seaport Transportation and 486 |
|---|
| 728 | + | Economic Development Program as provided in chapter 311 and for 487 |
|---|
| 729 | + | funding seaport intermodal access projects of statewide 488 |
|---|
| 730 | + | significance as provided in s. 341.053. Such revenues shall be 489 |
|---|
| 731 | + | distributed to any port listed in s. 311.09(1), to be used for 490 |
|---|
| 732 | + | funding projects as follows: 491 |
|---|
| 733 | + | (a) For any seaport intermodal access projects that are 492 |
|---|
| 734 | + | identified in the 1997 -1998 Tentative Work Program of the 493 |
|---|
| 735 | + | Department of Transportation, up to the amounts needed to offset 494 |
|---|
| 736 | + | the funding requirements of this section. 495 |
|---|
| 737 | + | (b) For seaport intermodal access projects as described in 496 |
|---|
| 738 | + | s. 341.053(6) which are identified in the 5 -year Florida Seaport 497 |
|---|
| 739 | + | Mission Plan as provided in s. 311.09(3). Funding for such 498 |
|---|
| 740 | + | projects shall be on a matching basis as mutually determined by 499 |
|---|
| 741 | + | the Florida Seaport Transportation and Economic Development 500 |
|---|
| 754 | | - | s. 341.053(6) which are id entified in the 5-year Florida Seaport 501 |
|---|
| 755 | | - | Mission Plan as provided in s. 311.09(3). Funding for such 502 |
|---|
| 756 | | - | projects shall be on a matching basis as mutually determined by 503 |
|---|
| 757 | | - | the Florida Seaport Transportation and Economic Development 504 |
|---|
| 758 | | - | Council and the Department of Tran sportation if a minimum of 25 505 |
|---|
| 759 | | - | percent of total project funds come from any port funds, local 506 |
|---|
| 760 | | - | funds, private funds, or specifically earmarked federal funds. 507 |
|---|
| 761 | | - | (c) On a 50-50 matching basis for projects as described in 508 |
|---|
| 762 | | - | s. 311.07(3)(b). 509 |
|---|
| 763 | | - | (d) For seaport inte rmodal access projects that involve 510 |
|---|
| 764 | | - | the dredging or deepening of channels, turning basins, or 511 |
|---|
| 765 | | - | harbors; or the rehabilitation of wharves, docks, or similar 512 |
|---|
| 766 | | - | structures. Funding for such projects requires a 25 percent 513 |
|---|
| 767 | | - | match of the funds received pursuant to t his subsection. 514 |
|---|
| 768 | | - | Matching funds must come from port funds, federal funds, local 515 |
|---|
| 769 | | - | funds, or private funds. 516 |
|---|
| 770 | | - | 517 |
|---|
| 771 | | - | Such revenues may be assigned, pledged, or set aside as a trust 518 |
|---|
| 772 | | - | for the payment of principal or interest on bonds, tax 519 |
|---|
| 773 | | - | anticipation certificates, or ot her form of indebtedness issued 520 |
|---|
| 774 | | - | by an individual port or appropriate local government having 521 |
|---|
| 775 | | - | jurisdiction thereof, or collectively by interlocal agreement 522 |
|---|
| 776 | | - | among any of the ports, or used to purchase credit support to 523 |
|---|
| 777 | | - | permit such borrowings. However, such d ebt is not a general 524 |
|---|
| 778 | | - | obligation of the state. This state covenants with holders of 525 |
|---|
| 754 | + | Council and the Department of Transportation if a minimum of 25 501 |
|---|
| 755 | + | percent of total project funds come from any port funds, local 502 |
|---|
| 756 | + | funds, private funds, or specifically earmarked federal funds. 503 |
|---|
| 757 | + | (c) On a 50-50 matching basis for projects as described in 504 |
|---|
| 758 | + | s. 311.07(3)(b). 505 |
|---|
| 759 | + | (d) For seaport intermodal access projects that involve 506 |
|---|
| 760 | + | the dredging or deepening of channels, turning basins, or 507 |
|---|
| 761 | + | harbors; or the rehabilitation of wharves, docks, or similar 508 |
|---|
| 762 | + | structures. Funding for such projects requires a 25 percent 509 |
|---|
| 763 | + | match of the funds received pursuant to this subsection. 510 |
|---|
| 764 | + | Matching funds must come from port funds, federal funds, local 511 |
|---|
| 765 | + | funds, or private funds. 512 |
|---|
| 766 | + | 513 |
|---|
| 767 | + | Such revenues may be assigned, pledged, or set aside as a trust 514 |
|---|
| 768 | + | for the payment of principal or interest on bonds, tax 515 |
|---|
| 769 | + | anticipation certificates, or other form of indebtedness issued 516 |
|---|
| 770 | + | by an individual port or appropriate local government having 517 |
|---|
| 771 | + | jurisdiction thereof, or collectively by interlocal agreement 518 |
|---|
| 772 | + | among any of the ports, or used to purchase credit support to 519 |
|---|
| 773 | + | permit such borrowings. However, such debt is not a general 520 |
|---|
| 774 | + | obligation of the state. This state covenants with holders of 521 |
|---|
| 775 | + | such revenue bonds or other instruments of indebtedness issued 522 |
|---|
| 776 | + | hereunder that it will not repeal, impair, or amend this 523 |
|---|
| 777 | + | subsection in a manner that will materially and adversely affect 524 |
|---|
| 778 | + | the rights of holders wh ile bonds authorized by this subsection 525 |
|---|
| 791 | | - | such revenue bonds or other instruments of indebtedness issued 526 |
|---|
| 792 | | - | hereunder that it will not repeal, impair, or amend this 527 |
|---|
| 793 | | - | subsection in a manner that will materially and adver sely affect 528 |
|---|
| 794 | | - | the rights of holders while bonds authorized by this subsection 529 |
|---|
| 795 | | - | remain outstanding. Revenues that are not pledged to the 530 |
|---|
| 796 | | - | repayment of bonds as authorized by this section may be used for 531 |
|---|
| 797 | | - | purposes authorized under the Florida Seaport Transportati on and 532 |
|---|
| 798 | | - | Economic Development Program. This revenue source is in addition 533 |
|---|
| 799 | | - | to any amounts provided for and appropriated in accordance with 534 |
|---|
| 800 | | - | s. 311.07 and subsection (3). The Florida Seaport Transportation 535 |
|---|
| 801 | | - | and Economic Development Council shall approve distribu tion of 536 |
|---|
| 802 | | - | funds to ports for projects that have been approved pursuant to 537 |
|---|
| 803 | | - | s. 311.09(5)-(8), or for seaport intermodal access projects 538 |
|---|
| 804 | | - | identified in the 5-year Florida Seaport Mission Plan as 539 |
|---|
| 805 | | - | provided in s. 311.09(3) and mutually agreed upon by the Florida 540 |
|---|
| 806 | | - | Seaport Transportation and Economic Development Council and the 541 |
|---|
| 807 | | - | Department of Transportation. All contracts for actual 542 |
|---|
| 808 | | - | construction of projects authorized by this subsection must 543 |
|---|
| 809 | | - | include a provision encouraging employment of participants in 544 |
|---|
| 810 | | - | the welfare transition program. The goal for such employment is 545 |
|---|
| 811 | | - | 25 percent of all new employees employed specifically for the 546 |
|---|
| 812 | | - | project, unless the Department of Transportation and the Florida 547 |
|---|
| 813 | | - | Seaport Transportation and Economic Development Council 548 |
|---|
| 814 | | - | demonstrate that such a re quirement would severely hamper the 549 |
|---|
| 815 | | - | successful completion of the project. In such an instance, 550 |
|---|
| 791 | + | remain outstanding. Revenues that are not pledged to the 526 |
|---|
| 792 | + | repayment of bonds as authorized by this section may be used for 527 |
|---|
| 793 | + | purposes authorized under the Florida Seaport Transportation and 528 |
|---|
| 794 | + | Economic Development Program. This revenue source is in addition 529 |
|---|
| 795 | + | to any amounts provided for and appropriated in accordance with 530 |
|---|
| 796 | + | s. 311.07 and subsection (3). The Florida Seaport Transportation 531 |
|---|
| 797 | + | and Economic Development Council shall approve distribution of 532 |
|---|
| 798 | + | funds to ports for projects that have been approved pursuant to 533 |
|---|
| 799 | + | s. 311.09(5)-(8), or for seaport intermodal access projects 534 |
|---|
| 800 | + | identified in the 5-year Florida Seaport Mission Plan as 535 |
|---|
| 801 | + | provided in s. 311.09(3) and mutually agreed upon by the Florida 536 |
|---|
| 802 | + | Seaport Transportation and Economic De velopment Council and the 537 |
|---|
| 803 | + | Department of Transportation. All contracts for actual 538 |
|---|
| 804 | + | construction of projects authorized by this subsection must 539 |
|---|
| 805 | + | include a provision encouraging employment of participants in 540 |
|---|
| 806 | + | the welfare transition program. The goal for such emp loyment is 541 |
|---|
| 807 | + | 25 percent of all new employees employed specifically for the 542 |
|---|
| 808 | + | project, unless the Department of Transportation and the Florida 543 |
|---|
| 809 | + | Seaport Transportation and Economic Development Council 544 |
|---|
| 810 | + | demonstrate that such a requirement would severely hamper the 545 |
|---|
| 811 | + | successful completion of the project. In such an instance, 546 |
|---|
| 812 | + | CareerSource Florida, Inc., shall establish an appropriate 547 |
|---|
| 813 | + | percentage of employees who are participants in the welfare 548 |
|---|
| 814 | + | transition program. The council and the Department of 549 |
|---|
| 815 | + | Transportation may perfo rm such acts as are required to 550 |
|---|
| 828 | | - | CareerSource Florida, Inc., shall establish an appropriate 551 |
|---|
| 829 | | - | percentage of employees who are participants in the welfare 552 |
|---|
| 830 | | - | transition program. The council and the De partment of 553 |
|---|
| 831 | | - | Transportation may perform such acts as are required to 554 |
|---|
| 832 | | - | facilitate and implement the provisions of this subsection. To 555 |
|---|
| 833 | | - | better enable the ports to cooperate to their mutual advantage, 556 |
|---|
| 834 | | - | the governing body of each port may exercise powers provided to 557 |
|---|
| 835 | | - | municipalities or counties in s. 163.01(7)(d) subject to the 558 |
|---|
| 836 | | - | provisions of chapter 311 and special acts, if any, pertaining 559 |
|---|
| 837 | | - | to a port. The use of funds provided pursuant to this subsection 560 |
|---|
| 838 | | - | is limited to eligible projects listed in this subsection. The 561 |
|---|
| 839 | | - | revenues available under this subsection may not be pledged to 562 |
|---|
| 840 | | - | the payment of any bonds other than the Florida Ports Financing 563 |
|---|
| 841 | | - | Commission Series 1996 and Series 1999 Bonds currently 564 |
|---|
| 842 | | - | outstanding; however, such revenues may be pledged to secure 565 |
|---|
| 843 | | - | payment of refunding bonds to refinance the Florida Ports 566 |
|---|
| 844 | | - | Financing Commission Series 1996 and Series 1999 Bonds. 567 |
|---|
| 845 | | - | Refunding bonds secured by revenues available under this 568 |
|---|
| 846 | | - | subsection may not be issued with a final maturity later than 569 |
|---|
| 847 | | - | the final maturity of the Florida Por ts Financing Commission 570 |
|---|
| 848 | | - | Series 1996 and Series 1999 Bonds and may not provide for higher 571 |
|---|
| 849 | | - | debt service in any year than is currently payable on such 572 |
|---|
| 850 | | - | bonds. Any revenue bonds or other indebtedness issued after July 573 |
|---|
| 851 | | - | 1, 2000, other than refunding bonds shall b e issued by the 574 |
|---|
| 852 | | - | Division of Bond Finance at the request of the Department of 575 |
|---|
| 828 | + | facilitate and implement the provisions of this subsection. To 551 |
|---|
| 829 | + | better enable the ports to cooperate to their mutual advantage, 552 |
|---|
| 830 | + | the governing body of each port may exercise powers provided to 553 |
|---|
| 831 | + | municipalities or counties in s. 163.01(7)(d) subject to the 554 |
|---|
| 832 | + | provisions of chapter 311 and special acts, if any, pertaining 555 |
|---|
| 833 | + | to a port. The use of funds provided pursuant to this subsection 556 |
|---|
| 834 | + | is limited to eligible projects listed in this subsection. The 557 |
|---|
| 835 | + | revenues available under this subsect ion may not be pledged to 558 |
|---|
| 836 | + | the payment of any bonds other than the Florida Ports Financing 559 |
|---|
| 837 | + | Commission Series 1996 and Series 1999 Bonds currently 560 |
|---|
| 838 | + | outstanding; however, such revenues may be pledged to secure 561 |
|---|
| 839 | + | payment of refunding bonds to refinance the Florid a Ports 562 |
|---|
| 840 | + | Financing Commission Series 1996 and Series 1999 Bonds. 563 |
|---|
| 841 | + | Refunding bonds secured by revenues available under this 564 |
|---|
| 842 | + | subsection may not be issued with a final maturity later than 565 |
|---|
| 843 | + | the final maturity of the Florida Ports Financing Commission 566 |
|---|
| 844 | + | Series 1996 and Series 1999 Bonds and may not provide for higher 567 |
|---|
| 845 | + | debt service in any year than is currently payable on such 568 |
|---|
| 846 | + | bonds. Any revenue bonds or other indebtedness issued after July 569 |
|---|
| 847 | + | 1, 2000, other than refunding bonds shall be issued by the 570 |
|---|
| 848 | + | Division of Bond Fin ance at the request of the Department of 571 |
|---|
| 849 | + | Transportation pursuant to the State Bond Act. 572 |
|---|
| 850 | + | Section 13. For the purpose of incorporating the amendment 573 |
|---|
| 851 | + | made by this act to section 311.09, Florida Statutes, in a 574 |
|---|
| 852 | + | reference thereto, subsection (1) of section 3 34.27, Florida 575 |
|---|
| 865 | | - | Transportation pursuant to the State Bond Act. 576 |
|---|
| 866 | | - | Section 13. For the purpose of incorporating the amendment 577 |
|---|
| 867 | | - | made by this act to section 311.09, Florida Statutes, in a 578 |
|---|
| 868 | | - | reference thereto, subsection (1) of section 334.27, Florida 579 |
|---|
| 869 | | - | Statutes, is reenacted to read: 580 |
|---|
| 870 | | - | 334.27 Governmental transportation entities; property 581 |
|---|
| 871 | | - | acquired for transportation purposes; limitation on soil or 582 |
|---|
| 872 | | - | groundwater contamination liability. — 583 |
|---|
| 873 | | - | (1) For the purposes of this section, the term 584 |
|---|
| 874 | | - | "governmental transportation entity" means the department; an 585 |
|---|
| 875 | | - | authority created pursuant to chapter 343, chapter 348, or 586 |
|---|
| 876 | | - | chapter 349; airports as defined in s. 332.004(14); a port 587 |
|---|
| 877 | | - | enumerated in s. 311.09(1); a county; or a mun icipality. 588 |
|---|
| 878 | | - | Section 14. For the purpose of incorporating the amendment 589 |
|---|
| 879 | | - | made by this act to section 311.09, Florida Statutes, in a 590 |
|---|
| 880 | | - | reference thereto, subsection (7) of section 337.14, Florida 591 |
|---|
| 881 | | - | Statutes, is reenacted to read: 592 |
|---|
| 882 | | - | 337.14 Application for quali fication; certificate of 593 |
|---|
| 883 | | - | qualification; restrictions; request for hearing. — 594 |
|---|
| 884 | | - | (7) A "contractor" as defined in s. 337.165(1)(d) or his 595 |
|---|
| 885 | | - | or her "affiliate" as defined in s. 337.165(1)(a) qualified with 596 |
|---|
| 886 | | - | the department under this section may not also qualify u nder s. 597 |
|---|
| 887 | | - | 287.055 or s. 337.105 to provide testing services, construction, 598 |
|---|
| 888 | | - | engineering, and inspection services to the department. This 599 |
|---|
| 889 | | - | limitation does not apply to any design -build prequalification 600 |
|---|
| 865 | + | Statutes, is reenacted to read: 576 |
|---|
| 866 | + | 334.27 Governmental transportation entities; property 577 |
|---|
| 867 | + | acquired for transportation purposes; limitation on soil or 578 |
|---|
| 868 | + | groundwater contamination liability. — 579 |
|---|
| 869 | + | (1) For the purposes of this section, the term 580 |
|---|
| 870 | + | "governmental transportation entity" means the department; an 581 |
|---|
| 871 | + | authority created pursuant to chapter 343, chapter 348, or 582 |
|---|
| 872 | + | chapter 349; airports as defined in s. 332.004(14); a port 583 |
|---|
| 873 | + | enumerated in s. 311.09(1); a county; or a municipality. 584 |
|---|
| 874 | + | Section 14. For the p urpose of incorporating the amendment 585 |
|---|
| 875 | + | made by this act to section 311.09, Florida Statutes, in a 586 |
|---|
| 876 | + | reference thereto, subsection (7) of section 337.14, Florida 587 |
|---|
| 877 | + | Statutes, is reenacted to read: 588 |
|---|
| 878 | + | 337.14 Application for qualification; certificate of 589 |
|---|
| 879 | + | qualification; restrictions; request for hearing. — 590 |
|---|
| 880 | + | (7) A "contractor" as defined in s. 337.165(1)(d) or his 591 |
|---|
| 881 | + | or her "affiliate" as defined in s. 337.165(1)(a) qualified with 592 |
|---|
| 882 | + | the department under this section may not also qualify under s. 593 |
|---|
| 883 | + | 287.055 or s. 337.105 to pro vide testing services, construction, 594 |
|---|
| 884 | + | engineering, and inspection services to the department. This 595 |
|---|
| 885 | + | limitation does not apply to any design -build prequalification 596 |
|---|
| 886 | + | under s. 337.11(7) and does not apply when the department 597 |
|---|
| 887 | + | otherwise determines by written order entered at least 30 days 598 |
|---|
| 888 | + | before advertisement that the limitation is not in the best 599 |
|---|
| 889 | + | interests of the public with respect to a particular contract 600 |
|---|
| 902 | | - | under s. 337.11(7) and does not apply when the department 601 |
|---|
| 903 | | - | otherwise determines by written order entered at least 30 days 602 |
|---|
| 904 | | - | before advertisement that the limitation is not in the best 603 |
|---|
| 905 | | - | interests of the public with respect to a particular contract 604 |
|---|
| 906 | | - | for testing services, construction, engineering, and inspection 605 |
|---|
| 907 | | - | services. This subsection does not authorize a contractor to 606 |
|---|
| 908 | | - | provide testing services, or provide construction, engineering, 607 |
|---|
| 909 | | - | and inspection services, to the department in connection with a 608 |
|---|
| 910 | | - | construction contract under which the contractor is performing 609 |
|---|
| 911 | | - | any work. Notwithstanding any other provision of law to the 610 |
|---|
| 912 | | - | contrary, for a project that is wholly or partially funded by 611 |
|---|
| 913 | | - | the department and administered by a local governmental entity, 612 |
|---|
| 914 | | - | except for a seaport listed in s. 311.09 or an airport as 613 |
|---|
| 915 | | - | defined in s. 332.004, t he entity performing design and 614 |
|---|
| 916 | | - | construction engineering and inspection services may not be the 615 |
|---|
| 917 | | - | same entity. 616 |
|---|
| 918 | | - | Section 15. For the purpose of incorporating the amendment 617 |
|---|
| 919 | | - | made by this act to section 311.09, Florida Statutes, in a 618 |
|---|
| 920 | | - | reference thereto, subsec tion (12) of section 373.406, Florida 619 |
|---|
| 921 | | - | Statutes, is reenacted to read: 620 |
|---|
| 922 | | - | 373.406 Exemptions. —The following exemptions shall apply: 621 |
|---|
| 923 | | - | (12) An overwater pier, dock, or a similar structure 622 |
|---|
| 924 | | - | located in a deepwater port listed in s. 311.09 is not 623 |
|---|
| 925 | | - | considered to be part of a stormwater management system for 624 |
|---|
| 926 | | - | which this chapter or chapter 403 requires stormwater from 625 |
|---|
| 902 | + | for testing services, construction, engineering, and inspection 601 |
|---|
| 903 | + | services. This subsection does not authorize a contractor to 602 |
|---|
| 904 | + | provide testing services, or provide construction, engineering, 603 |
|---|
| 905 | + | and inspection services, to the department in connection with a 604 |
|---|
| 906 | + | construction contract under which the contractor is performing 605 |
|---|
| 907 | + | any work. Notwithstanding any other provision of law to the 606 |
|---|
| 908 | + | contrary, for a project that is wholly or partially funded by 607 |
|---|
| 909 | + | the department and administered by a local governmental entity, 608 |
|---|
| 910 | + | except for a seaport listed in s. 311.09 or an airport as 609 |
|---|
| 911 | + | defined in s. 332.004, the entity performing design and 610 |
|---|
| 912 | + | construction engineering and inspection services may not be the 611 |
|---|
| 913 | + | same entity. 612 |
|---|
| 914 | + | Section 15. For the purpose of incorporating the amendment 613 |
|---|
| 915 | + | made by this act to section 311.09, Florida Statutes, in a 614 |
|---|
| 916 | + | reference thereto, subsection (12) of section 373.406, Florid a 615 |
|---|
| 917 | + | Statutes, is reenacted to read: 616 |
|---|
| 918 | + | 373.406 Exemptions. —The following exemptions shall apply: 617 |
|---|
| 919 | + | (12) An overwater pier, dock, or a similar structure 618 |
|---|
| 920 | + | located in a deepwater port listed in s. 311.09 is not 619 |
|---|
| 921 | + | considered to be part of a stormwater management sys tem for 620 |
|---|
| 922 | + | which this chapter or chapter 403 requires stormwater from 621 |
|---|
| 923 | + | impervious surfaces to be treated if: 622 |
|---|
| 924 | + | (a) The port has a stormwater pollution prevention plan 623 |
|---|
| 925 | + | for industrial activities pursuant to the National Pollutant 624 |
|---|
| 926 | + | Discharge Elimination System Pro gram; and 625 |
|---|
| 939 | | - | impervious surfaces to be treated if: 626 |
|---|
| 940 | | - | (a) The port has a stormwater pollution prevention plan 627 |
|---|
| 941 | | - | for industrial activities pursuant to the National Pollut ant 628 |
|---|
| 942 | | - | Discharge Elimination System Program; and 629 |
|---|
| 943 | | - | (b) The stormwater pollution prevention plan also provides 630 |
|---|
| 944 | | - | similar pollution prevention measures for other activities that 631 |
|---|
| 945 | | - | are not subject to the National Pollutant Discharge Elimination 632 |
|---|
| 946 | | - | System Program and th at occur on the port's overwater piers, 633 |
|---|
| 947 | | - | docks, and similar structures. 634 |
|---|
| 948 | | - | Section 16. For the purpose of incorporating the amendment 635 |
|---|
| 949 | | - | made by this act to section 311.09, Florida Statutes, in 636 |
|---|
| 950 | | - | references thereto, subsections (2) and (10) of section 637 |
|---|
| 951 | | - | 373.4133, Florida Statutes, are reenacted to read: 638 |
|---|
| 952 | | - | 373.4133 Port conceptual permits. — 639 |
|---|
| 953 | | - | (2) Any port listed in s. 311.09(1) may apply to the 640 |
|---|
| 954 | | - | department for a port conceptual permit, including any 641 |
|---|
| 955 | | - | applicable authorization under chapter 253 to use sovereignty 642 |
|---|
| 956 | | - | submerged lands under a joint coastal permit pursuant to s. 643 |
|---|
| 957 | | - | 161.055 or an environment al resource permit issued pursuant to 644 |
|---|
| 958 | | - | this part, for all or a portion of the area within the 645 |
|---|
| 959 | | - | geographic boundaries of the port. A private entity with a 646 |
|---|
| 960 | | - | controlling interest in property used for private industrial 647 |
|---|
| 961 | | - | marine activities in the immediate vicinity of a port listed in 648 |
|---|
| 962 | | - | s. 311.09(1) may also apply for a port conceptual permit under 649 |
|---|
| 963 | | - | this section. A port conceptual permit may be issued for a 650 |
|---|
| 939 | + | (b) The stormwater pollution prevention plan also provides 626 |
|---|
| 940 | + | similar pollution prevention measures for other activities that 627 |
|---|
| 941 | + | are not subject to the National Pollutant Discharge Elimination 628 |
|---|
| 942 | + | System Program and that occur on the port's overwater pie rs, 629 |
|---|
| 943 | + | docks, and similar structures. 630 |
|---|
| 944 | + | Section 16. For the purpose of incorporating the amendment 631 |
|---|
| 945 | + | made by this act to section 311.09, Florida Statutes, in 632 |
|---|
| 946 | + | references thereto, subsections (2) and (10) of section 633 |
|---|
| 947 | + | 373.4133, Florida Statutes, are reenacted to read: 634 |
|---|
| 948 | + | 373.4133 Port conceptual permits. — 635 |
|---|
| 949 | + | (2) Any port listed in s. 311.09(1) may apply to the 636 |
|---|
| 950 | + | department for a port conceptual permit, including any 637 |
|---|
| 951 | + | applicable authorization under chapter 253 to use sovereignty 638 |
|---|
| 952 | + | submerged lands under a joint coastal permit pursuant to s. 639 |
|---|
| 953 | + | 161.055 or an environment al resource permit issued pursuant to 640 |
|---|
| 954 | + | this part, for all or a portion of the area within the 641 |
|---|
| 955 | + | geographic boundaries of the port. A private entity with a 642 |
|---|
| 956 | + | controlling interest in property used for private industrial 643 |
|---|
| 957 | + | marine activities in the immediate vicinity of a port listed in 644 |
|---|
| 958 | + | s. 311.09(1) may also apply for a port conceptual permit under 645 |
|---|
| 959 | + | this section. A port conceptual permit may be issued for a 646 |
|---|
| 960 | + | period of up to 20 years and extended one time for an additional 647 |
|---|
| 961 | + | 10 years. A port conceptual permit constitutes t he state's 648 |
|---|
| 962 | + | conceptual certification of compliance with state water quality 649 |
|---|
| 963 | + | standards for purposes of s. 401 of the Clean Water Act and the 650 |
|---|
| 976 | | - | period of up to 20 years and extended one time for an additional 651 |
|---|
| 977 | | - | 10 years. A port conceptual permit constitutes t he state's 652 |
|---|
| 978 | | - | conceptual certification of compliance with state water quality 653 |
|---|
| 979 | | - | standards for purposes of s. 401 of the Clean Water Act and the 654 |
|---|
| 980 | | - | state's conceptual determination that the activities contained 655 |
|---|
| 981 | | - | in the port conceptual permit are consistent with the state 656 |
|---|
| 982 | | - | coastal zone management program. 657 |
|---|
| 983 | | - | (10) In lieu of meeting the generally applicable 658 |
|---|
| 984 | | - | stormwater design standards in rules adopted under this part, 659 |
|---|
| 985 | | - | which create a presumption that stormwater discharged from the 660 |
|---|
| 986 | | - | system will meet the applicable state wat er quality standards in 661 |
|---|
| 987 | | - | the receiving waters, any port listed in s. 311.09(1) may 662 |
|---|
| 988 | | - | propose alternative stormwater treatment and design criteria for 663 |
|---|
| 989 | | - | the construction, operation, and maintenance of stormwater 664 |
|---|
| 990 | | - | management systems serving overwater piers. The pr oposal shall 665 |
|---|
| 991 | | - | include such structural components or best management practices 666 |
|---|
| 992 | | - | to address the stormwater discharge from the pier, including 667 |
|---|
| 993 | | - | consideration of activities conducted on the pier, as are 668 |
|---|
| 994 | | - | necessary to provide reasonable assurance that stormwater 669 |
|---|
| 995 | | - | discharged from the system will meet the applicable state water 670 |
|---|
| 996 | | - | quality standards in the receiving waters. 671 |
|---|
| 997 | | - | Section 17. For the purpose of incorporating the amendment 672 |
|---|
| 998 | | - | made by this act to section 311.09, Florida Statutes, in a 673 |
|---|
| 999 | | - | reference thereto, paragraph (d) of subsection (6) of section 674 |
|---|
| 1000 | | - | 373.4136, Florida Statutes, is reenacted to read: 675 |
|---|
| 976 | + | state's conceptual determination that the activities contained 651 |
|---|
| 977 | + | in the port conceptual permit are consistent with the state 652 |
|---|
| 978 | + | coastal zone management program. 653 |
|---|
| 979 | + | (10) In lieu of meeting the generally applicable 654 |
|---|
| 980 | + | stormwater design standards in rules adopted under this part, 655 |
|---|
| 981 | + | which create a presumption that stormwater discharged from the 656 |
|---|
| 982 | + | system will meet the applicable state wat er quality standards in 657 |
|---|
| 983 | + | the receiving waters, any port listed in s. 311.09(1) may 658 |
|---|
| 984 | + | propose alternative stormwater treatment and design criteria for 659 |
|---|
| 985 | + | the construction, operation, and maintenance of stormwater 660 |
|---|
| 986 | + | management systems serving overwater piers. The pr oposal shall 661 |
|---|
| 987 | + | include such structural components or best management practices 662 |
|---|
| 988 | + | to address the stormwater discharge from the pier, including 663 |
|---|
| 989 | + | consideration of activities conducted on the pier, as are 664 |
|---|
| 990 | + | necessary to provide reasonable assurance that stormwater 665 |
|---|
| 991 | + | discharged from the system will meet the applicable state water 666 |
|---|
| 992 | + | quality standards in the receiving waters. 667 |
|---|
| 993 | + | Section 17. For the purpose of incorporating the amendment 668 |
|---|
| 994 | + | made by this act to section 311.09, Florida Statutes, in a 669 |
|---|
| 995 | + | reference thereto, paragraph (d) of subsection (6) of section 670 |
|---|
| 996 | + | 373.4136, Florida Statutes, is reenacted to read: 671 |
|---|
| 997 | + | 373.4136 Establishment and operation of mitigation banks. — 672 |
|---|
| 998 | + | (6) MITIGATION SERVICE AREA. —The department or water 673 |
|---|
| 999 | + | management district shall establish a mitigation service area 674 |
|---|
| 1000 | + | for each mitigation bank permit. The department or water 675 |
|---|
| 1013 | | - | 373.4136 Establishment and operation of mitigation banks. — 676 |
|---|
| 1014 | | - | (6) MITIGATION SERVICE AREA. —The department or water 677 |
|---|
| 1015 | | - | management district shall establish a mitigation service area 678 |
|---|
| 1016 | | - | for each mitigation bank permit. The department or water 679 |
|---|
| 1017 | | - | management district shall notify and consider comments received 680 |
|---|
| 1018 | | - | on the proposed mitigation service area from each local 681 |
|---|
| 1019 | | - | government within the proposed mitigation service area. Except 682 |
|---|
| 1020 | | - | as provided herein, mitigation credits may be withdrawn and used 683 |
|---|
| 1021 | | - | only to offset adverse impacts in the mitigation service area. 684 |
|---|
| 1022 | | - | The boundaries of the mitigation service area shall depend upon 685 |
|---|
| 1023 | | - | the geographic area where the mitigation bank could reasonably 686 |
|---|
| 1024 | | - | be expected to offset adverse impacts. Mitigation service areas 687 |
|---|
| 1025 | | - | may overlap, and mitigation service areas for two or more 688 |
|---|
| 1026 | | - | mitigation banks may be approved for a regional watershed. 689 |
|---|
| 1027 | | - | (d) If the requirements in s. 373.414(1)(b) and (8) are 690 |
|---|
| 1028 | | - | met, the following projects o r activities regulated under this 691 |
|---|
| 1029 | | - | part shall be eligible to use a mitigation bank, regardless of 692 |
|---|
| 1030 | | - | whether they are located within the mitigation service area: 693 |
|---|
| 1031 | | - | 1. Projects with adverse impacts partially located within 694 |
|---|
| 1032 | | - | the mitigation service area. 695 |
|---|
| 1033 | | - | 2. Linear projects, such as roadways, transmission lines, 696 |
|---|
| 1034 | | - | distribution lines, pipelines, railways, or seaports listed in 697 |
|---|
| 1035 | | - | s. 311.09(1). 698 |
|---|
| 1036 | | - | 3. Projects with total adverse impacts of less than 1 acre 699 |
|---|
| 1037 | | - | in size. 700 |
|---|
| 1013 | + | management district shall notify and consider comments received 676 |
|---|
| 1014 | + | on the proposed mitigation service area from each local 677 |
|---|
| 1015 | + | government within the proposed mitigation service area. Except 678 |
|---|
| 1016 | + | as provided herein, mitigation credits may be withdrawn and used 679 |
|---|
| 1017 | + | only to offset adverse impacts in the mitigation service area. 680 |
|---|
| 1018 | + | The boundaries of the mitigation service area shall depend upon 681 |
|---|
| 1019 | + | the geographic area where the mitigation bank could reasonably 682 |
|---|
| 1020 | + | be expected to offset adverse impacts. Mitigation service areas 683 |
|---|
| 1021 | + | may overlap, and mitigation service areas for two or more 684 |
|---|
| 1022 | + | mitigation banks may be approved for a regional watershed. 685 |
|---|
| 1023 | + | (d) If the requirements in s. 373.414(1)(b) and (8) are 686 |
|---|
| 1024 | + | met, the following projects o r activities regulated under this 687 |
|---|
| 1025 | + | part shall be eligible to use a mitigation bank, regardless of 688 |
|---|
| 1026 | + | whether they are located within the mitigation service area: 689 |
|---|
| 1027 | + | 1. Projects with adverse impacts partially located within 690 |
|---|
| 1028 | + | the mitigation service area. 691 |
|---|
| 1029 | + | 2. Linear projects, such as roadways, transmission lines, 692 |
|---|
| 1030 | + | distribution lines, pipelines, railways, or seaports listed in 693 |
|---|
| 1031 | + | s. 311.09(1). 694 |
|---|
| 1032 | + | 3. Projects with total adverse impacts of less than 1 acre 695 |
|---|
| 1033 | + | in size. 696 |
|---|
| 1034 | + | Section 18. For the purpose of incorporating the amend ment 697 |
|---|
| 1035 | + | made by this act to section 311.09, Florida Statutes, in 698 |
|---|
| 1036 | + | references thereto, subsections (38) and (39) of section 699 |
|---|
| 1037 | + | 403.061, Florida Statutes, are reenacted to read: 700 |
|---|
| 1050 | | - | Section 18. For the purpose of incorporating the amend ment 701 |
|---|
| 1051 | | - | made by this act to section 311.09, Florida Statutes, in 702 |
|---|
| 1052 | | - | references thereto, subsections (38) and (39) of section 703 |
|---|
| 1053 | | - | 403.061, Florida Statutes, are reenacted to read: 704 |
|---|
| 1054 | | - | 403.061 Department; powers and duties. —The department 705 |
|---|
| 1055 | | - | shall have the power and the du ty to control and prohibit 706 |
|---|
| 1056 | | - | pollution of air and water in accordance with the law and rules 707 |
|---|
| 1057 | | - | adopted and promulgated by it and, for this purpose, to: 708 |
|---|
| 1058 | | - | (38) Provide a supplemental permitting process for the 709 |
|---|
| 1059 | | - | issuance of a joint coastal permit pursuant to s. 1 61.055 or 710 |
|---|
| 1060 | | - | environmental resource permit pursuant to part IV of chapter 711 |
|---|
| 1061 | | - | 373, to a port listed in s. 311.09(1), for maintenance dredging 712 |
|---|
| 1062 | | - | and the management of dredged materials from maintenance 713 |
|---|
| 1063 | | - | dredging of all navigation channels, port harbors, turning 714 |
|---|
| 1064 | | - | basins, and harbor berths. Such permit shall be issued for a 715 |
|---|
| 1065 | | - | period of 5 years and shall be annually extended for an 716 |
|---|
| 1066 | | - | additional year if the port is in compliance with all permit 717 |
|---|
| 1067 | | - | conditions at the time of extension. The department is 718 |
|---|
| 1068 | | - | authorized to adopt rules to implement this subsection. 719 |
|---|
| 1069 | | - | (39) Provide a supplemental permitting process for the 720 |
|---|
| 1070 | | - | issuance of a conceptual joint coastal permit pursuant to s. 721 |
|---|
| 1071 | | - | 161.055 or environmental resource permit pursuant to part IV of 722 |
|---|
| 1072 | | - | chapter 373, to a port listed in s. 311.09(1), for dredging and 723 |
|---|
| 1073 | | - | the management of materials from dredging and for other related 724 |
|---|
| 1074 | | - | activities necessary for development, including the expansion of 725 |
|---|
| 1050 | + | 403.061 Department; powers and duties. —The department 701 |
|---|
| 1051 | + | shall have the power and the du ty to control and prohibit 702 |
|---|
| 1052 | + | pollution of air and water in accordance with the law and rules 703 |
|---|
| 1053 | + | adopted and promulgated by it and, for this purpose, to: 704 |
|---|
| 1054 | + | (38) Provide a supplemental permitting process for the 705 |
|---|
| 1055 | + | issuance of a joint coastal permit pursuant to s. 1 61.055 or 706 |
|---|
| 1056 | + | environmental resource permit pursuant to part IV of chapter 707 |
|---|
| 1057 | + | 373, to a port listed in s. 311.09(1), for maintenance dredging 708 |
|---|
| 1058 | + | and the management of dredged materials from maintenance 709 |
|---|
| 1059 | + | dredging of all navigation channels, port harbors, turning 710 |
|---|
| 1060 | + | basins, and harbor berths. Such permit shall be issued for a 711 |
|---|
| 1061 | + | period of 5 years and shall be annually extended for an 712 |
|---|
| 1062 | + | additional year if the port is in compliance with all permit 713 |
|---|
| 1063 | + | conditions at the time of extension. The department is 714 |
|---|
| 1064 | + | authorized to adopt rules to implement this subsection. 715 |
|---|
| 1065 | + | (39) Provide a supplemental permitting process for the 716 |
|---|
| 1066 | + | issuance of a conceptual joint coastal permit pursuant to s. 717 |
|---|
| 1067 | + | 161.055 or environmental resource permit pursuant to part IV of 718 |
|---|
| 1068 | + | chapter 373, to a port listed in s. 311.09(1), for dredging and 719 |
|---|
| 1069 | + | the management of materials from dredging and for other related 720 |
|---|
| 1070 | + | activities necessary for development, including the expansion of 721 |
|---|
| 1071 | + | navigation channels, port harbors, turning basins, harbor 722 |
|---|
| 1072 | + | berths, and associated facilities. Such permit shal l be issued 723 |
|---|
| 1073 | + | for a period of up to 15 years. The department is authorized to 724 |
|---|
| 1074 | + | adopt rules to implement this subsection. 725 |
|---|
| 1087 | | - | navigation channels, port harbors, turning basins, harbor 726 |
|---|
| 1088 | | - | berths, and associated facilities. Such permit shal l be issued 727 |
|---|
| 1089 | | - | for a period of up to 15 years. The department is authorized to 728 |
|---|
| 1090 | | - | adopt rules to implement this subsection. 729 |
|---|
| 1091 | | - | 730 |
|---|
| 1092 | | - | The department shall implement such programs in conjunction with 731 |
|---|
| 1093 | | - | its other powers and duties and shall place special emphasis on 732 |
|---|
| 1094 | | - | reducing and eliminating contamination that presents a threat to 733 |
|---|
| 1095 | | - | humans, animals or plants, or to the environment. 734 |
|---|
| 1096 | | - | Section 19. This act shall take effect July 1, 2022. 735 |
|---|
| 1087 | + | 726 |
|---|
| 1088 | + | The department shall implement such programs in conjunction with 727 |
|---|
| 1089 | + | its other powers and duties and shall place special emphasis on 728 |
|---|
| 1090 | + | reducing and eliminating contamination that presents a threat to 729 |
|---|
| 1091 | + | humans, animals or plants, or to the environment. 730 |
|---|
| 1092 | + | Section 19. This act shall take effect July 1, 2022. 731 |
|---|