June 18, 2019
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       Florida Senate - 2010                                    SB 2000
       
       
       
       By Senator Ring
       
       
       
       
       32-01653-10                                           20102000__
    1                        A bill to be entitled                      
    2         An act relating to seaports; amending s. 288.063,
    3         F.S., relating to contracts for transportation
    4         projects administered by the Office of Tourism, Trade,
    5         and Economic Development; revising the definition of
    6         “transportation project” to include specified seaport
    7         projects; creating s. 288.0635, F.S.; providing
    8         legislative findings, state policy, and economic
    9         development strategies relating to seaport commerce;
   10         providing requirements for the Office of Tourism,
   11         Trade, and Economic Development and Enterprise
   12         Florida, Inc., relating to such economic strategies;
   13         amending s. 311.105, F.S.; authorizing ports to
   14         request a notice of intent to issue certain permits
   15         from the Department of Environmental Protection;
   16         requiring the department to issue such notice within a
   17         specified time; providing that issuance of such notice
   18         creates a rebuttable presumption of compliance with
   19         specified standards and authorizations; providing a
   20         standard for overcoming such a presumption; requiring
   21         the department to issue certain permits within a
   22         specified time and to notify specified entities of
   23         certain compliance; amending s. 311.09, F.S.;
   24         requiring the Florida Seaport Transportation and
   25         Economic Development Council to submit certain
   26         information to the Department of Transportation for
   27         inclusion in its annual legislative budget request;
   28         requiring the council to allocate funds to seaports
   29         for specified projects contingent upon appropriation;
   30         amending s. 403.061, F.S.; removing the requirement to
   31         enter into memoranda of agreement with the Florida
   32         Ports Council from the authority granted to the
   33         Department of Environmental Protection to provide
   34         supplemental permitting processes for the issuance of
   35         certain permits; providing an effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (3) of section 288.063, Florida
   40  Statutes, is amended to read:
   41         288.063 Contracts for transportation projects.—
   42         (3) With respect to any contract executed pursuant to this
   43  section, the term “transportation project” means a
   44  transportation facility as defined in s. 334.03(31), or any
   45  project as defined in s. 311.07(3), which is necessary in the
   46  judgment of the Office of Tourism, Trade, and Economic
   47  Development to facilitate the economic development and growth of
   48  the state. Except for applications received prior to July 1,
   49  1996, such transportation projects shall be approved only as a
   50  consideration to attract new employment opportunities to the
   51  state or expand or retain employment in existing companies
   52  operating within the state, or to allow for the construction or
   53  expansion of a state or federal correctional facility in a
   54  county with a population of 75,000 or less that creates new
   55  employment opportunities or expands or retains employment in the
   56  county. The Office of Tourism, Trade, and Economic Development
   57  shall institute procedures to ensure that small and minority
   58  businesses have equal access to funding provided under this
   59  section. Funding for approved transportation projects may
   60  include any expenses, other than administrative costs and
   61  equipment purchases specified in the contract, necessary for
   62  new, or improvement to existing, transportation facilities.
   63  Funds made available pursuant to this section may not be
   64  expended in connection with the relocation of a business from
   65  one community to another community in this state unless the
   66  Office of Tourism, Trade, and Economic Development determines
   67  that without such relocation the business will move outside this
   68  state or determines that the business has a compelling economic
   69  rationale for the relocation which creates additional jobs.
   70  Subject to appropriation for projects under this section, any
   71  appropriation greater than $10 million shall be allocated to
   72  each of the districts of the Department of Transportation to
   73  ensure equitable geographical distribution. Such allocated funds
   74  that remain uncommitted by the third quarter of the fiscal year
   75  shall be reallocated among the districts based on pending
   76  project requests.
   77         Section 2. Section 288.0635, Florida Statutes, is created
   78  to read:
   79         288.0635 Seaport commerce; legislative finding and policy;
   80  economic development strategy.—The Legislature finds that
   81  seaport commerce is the economic foundation for the promotion,
   82  enhancement, and development of the tourism, agriculture,
   83  manufacturing, transportation, and construction sectors in this
   84  state. It is the policy of this state to ensure that state
   85  economic development and transportation infrastructure
   86  strategies and programs provide incentives and resources to
   87  attract and preserve entities engaged in the movement of goods
   88  between seaports in this state and seaports in international
   89  markets and between seaports in this state and other domestic
   90  seaports of the United States. The Office of Tourism, Trade, and
   91  Economic Development and Enterprise Florida, Inc., shall ensure
   92  that seaport commerce is designated as a target industry and
   93  that all available resources and incentives are provided to
   94  attract and preserve this industry. Enterprise Florida, Inc.,
   95  shall include in its annual report, required pursuant to s.
   96  288.906, a description and evaluation of state efforts to
   97  attract and preserve entities engaged in the movement of goods
   98  between seaports in this state and seaports in international
   99  markets and between seaports in this state and other domestic
  100  seaports of the United States.
  101         Section 3. Subsection (7) is added to section 311.105,
  102  Florida Statutes, to read:
  103         311.105 Florida Seaport Environmental Management Committee;
  104  permitting; mitigation.—
  105         (7) Any port listed in s. 403.021(9)(b) may request a
  106  notice of intent to issue a conceptual joint coastal permit
  107  pursuant to s. 161.055 or an environmental resource permit
  108  pursuant to part IV of chapter 373 and, if required, a sovereign
  109  submerged lands authorization from the department for all or a
  110  portion of facilities identified within a comprehensive port
  111  master plan approved as part of a local government comprehensive
  112  plan coastal management element pursuant to s. 163.3178. The
  113  department shall issue the notice of intent within 30 days after
  114  receipt of the request. The issuance of such notice shall create
  115  a rebuttable presumption that development of the port facilities
  116  identified in the approved comprehensive port master plan
  117  complies with all applicable standards for issuance of a
  118  conceptual permit, an environmental resource permit, and
  119  sovereign lands authorization pursuant to chapters 161, 253,
  120  373, and 403. The presumption may be overcome only by clear and
  121  convincing evidence. Once a conceptual permit and, if necessary,
  122  a sovereign lands authorization have been issued and become
  123  final pursuant to chapter 120, the department shall issue any
  124  requested construction permit within 30 days after receipt of
  125  the request. Upon issuance of a conceptual permit, environmental
  126  resource permit, or sovereign lands authorization pursuant to
  127  this subsection, the department shall notify the United States
  128  Army Corps of Engineers that the applicant is in compliance with
  129  all state water quality and environmental requirements.
  130         Section 4. Subsection (10) of section 311.09, Florida
  131  Statutes, is amended to read:
  132         311.09 Florida Seaport Transportation and Economic
  133  Development Council.—
  134         (10) The Department of Transportation shall include in its
  135  annual legislative budget request a Florida Seaport
  136  Transportation and Economic Development grant program for
  137  expenditure of funds of not less than $8 million per year. Such
  138  budget shall include funding for projects approved by the
  139  council which have been determined by each agency to be
  140  consistent and which have been determined by the Office of
  141  Tourism, Trade, and Economic Development to be economically
  142  beneficial. The council shall may submit to the department a
  143  list of approved projects that could be made production-ready
  144  within the next 5 2 years following the end of the current
  145  fiscal year. The list shall be submitted by the department as
  146  part of its annual legislative budget request for seaport
  147  economic development projects submitted the needs and project
  148  list prepared pursuant to s. 339.135(2) 339.135. However, the
  149  department may not require the identification or funding of a
  150  specific project as part of its legislative budget request.
  151  Contingent upon legislative appropriation each year, the council
  152  shall allocate funds to seaports for approved projects that
  153  improve the movement and intermodal transportation of cargo or
  154  passengers in commerce and trade and that support the interests,
  155  purposes, and requirements of ports located in this state.
  156         Section 5. Subsections (37) and (38) of section 403.061,
  157  Florida Statutes, are amended to read:
  158         403.061 Department; powers and duties.—The department shall
  159  have the power and the duty to control and prohibit pollution of
  160  air and water in accordance with the law and rules adopted and
  161  promulgated by it and, for this purpose, to:
  162         (37) Provide Enter into a memorandum of agreement with the
  163  Florida Ports Council which provides a supplemental permitting
  164  process for the issuance of a joint coastal permit pursuant to
  165  s. 161.055 or environmental resource permit pursuant to part IV
  166  of chapter 373, to a port listed in s. 311.09(1), for
  167  maintenance dredging and the management of dredged materials
  168  from maintenance dredging of all navigation channels, port
  169  harbors, turning basins, and harbor berths. Such permit shall be
  170  issued for a period of 5 years and shall be annually extended
  171  for an additional year if the port is in compliance with all
  172  permit conditions at the time of extension. The department is
  173  authorized to adopt rules to implement this subsection.
  174         (38) Provide Enter into a memorandum of agreement with the
  175  Florida Ports Council which provides a supplemental permitting
  176  process for the issuance of a conceptual joint coastal permit
  177  pursuant to s. 161.055 or environmental resource permit pursuant
  178  to part IV of chapter 373, to a port listed in s. 311.09(1), for
  179  dredging and the management of materials from dredging and for
  180  other related activities necessary for development, including
  181  the expansion of navigation channels, port harbors, turning
  182  basins, harbor berths, and associated facilities. Such permit
  183  shall be issued for a period of up to 15 years. The department
  184  is authorized to adopt rules to implement this subsection.
  185  The department shall implement such programs in conjunction with
  186  its other powers and duties and shall place special emphasis on
  187  reducing and eliminating contamination that presents a threat to
  188  humans, animals or plants, or to the environment.
  189         Section 6. This act shall take effect July 1, 2010.

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