Bill Text: FL S1718 | 2011 | Regular Session | Introduced
Bill Title: Infrastructure Investment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Withdrawn from Transportation; Commerce and Tourism; Environmental Preservation and Conservation; Budget -SJ 269 [S1718 Detail]
Download: Florida-2011-S1718-Introduced.html
Florida Senate - 2011 SB 1718 By Senator Ring 32-01126-11 20111718__ 1 A bill to be entitled 2 An act relating to infrastructure investment; amending 3 s. 20.23, F.S.; directing the Secretary of 4 Transportation to designate an assistant secretary 5 with certain duties relating to economic development, 6 investment opportunities, and transportation projects; 7 amending s. 163.3180, F.S.; providing a limited 8 exemption from Strategic Intermodal System adopted 9 level-of-service standards for certain new development 10 or redevelopment projects; requiring that funding 11 priority be given to improving certain Strategic 12 Intermodal System segments; amending s. 311.09, F.S.; 13 directing the Seaport Transportation and Economic 14 Development Council to include in the Florida Seaport 15 Mission Plan certain elements of local government 16 comprehensive plans that relate to modal integration 17 and economic competitiveness; directing such council 18 to develop a priority list and submit the list to the 19 Trade Infrastructure Investment Steering Committee; 20 amending s. 339.55, F.S.; revising provisions for 21 loans and credit enhancements made by the state-funded 22 infrastructure bank; providing for loan selections by 23 a State Infrastructure Bank Selection Committee; 24 providing for membership of the committee; directing 25 funds in the State Transportation Trust Fund be 26 deposited in the State Infrastructure Bank under 27 certain circumstances; amending s. 339.64, F.S.; 28 revising the Strategic Intermodal System Plan project 29 prioritization process; providing for Strategic 30 Intermodal System projects to be selected by a 31 Strategic Intermodal System Project Selection 32 Committee; providing for membership of the committee; 33 creating chapter 340, F.S., titled “Infrastructure 34 Development”; creating s. 340.101, F.S.; providing a 35 short title; providing a purpose; creating the Trade 36 Infrastructure Investment Steering Committee; 37 providing for membership, organization, staff, and 38 employees of the committee; authorizing the committee 39 to receive and administer funds; providing duties and 40 responsibilities of the committee; directing the 41 committee to submit reports to the Governor and the 42 Legislature; creating s. 340.102, F.S.; authorizing 43 certain local governmental entities to prepare a 44 comprehensive economic development and expansion and 45 intermodal transportation plan; providing for 46 incorporation of the plan into the local government 47 comprehensive plan; requiring certain elements be 48 included in the plan; providing that, upon approval, 49 plan projects constitute a priority list for state and 50 local funding for transportation and related 51 infrastructure projects of all state agencies; 52 directing certain state agencies to develop a 53 memorandum of agreement for assisting each port in the 54 expedited implementation of projects included in each 55 plan; amending s. 373.406, F.S.; providing that, under 56 specified conditions, certain facilities located in 57 deepwater ports are not part of a stormwater 58 management system and are not impervious; amending s. 59 373.4133, F.S.; requiring the Department of 60 Environmental Protection to issue a notice of intent 61 for a port conceptual permit within a specified time; 62 providing that a notice of intent to issue such permit 63 creates a rebuttable presumption of compliance with 64 specified standards and authorization; providing a 65 standard for overcoming such a presumption; requiring 66 the department to issue certain permits within a 67 specified time and to notify specified entities of 68 certain compliance; amending s. 403.813, F.S.; 69 exempting certain seaports from specified permit 70 requirements for maintenance dredging if certain 71 conditions are met; revising provisions for such 72 dredging; providing an effective date. 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76 Section 1. Paragraph (d) of subsection (1) of section 77 20.23, Florida Statutes, is amended to read: 78 20.23 Department of Transportation.—There is created a 79 Department of Transportation which shall be a decentralized 80 agency. 81 (1) 82 (d) The secretary may appoint up to three assistant 83 secretaries who shall be directly responsible to the secretary 84 and who shall perform such duties as are assigned by the 85 secretary. The secretary shall designate to an assistant 86 secretary the duties related to enhancing economic prosperity, 87 including, but not limited to, the responsibility of liaison 88 with the head of economic development in the Executive Office of 89 the Governor. Such assistant secretary shall be directly 90 responsible for providing the Executive Office of the Governor 91 with investment opportunities and transportation projects that 92 expand the state’s role as a global hub for trade and investment 93 and enhance the supply chain system in the state to process, 94 assemble, and ship goods to markets throughout the eastern 95 United States, Canada, the Caribbean, and Latin America. The 96 secretary may delegate to any assistant secretary the authority 97 to act in the absence of the secretary. 98 Section 2. Subsection (10) of section 163.3180, Florida 99 Statutes, is amended to read: 100 163.3180 Concurrency.— 101 (10)(a) Except in transportation concurrency exception 102 areas, with regard to roadway facilities on the Strategic 103 Intermodal System designated in accordance with s. 339.63, local 104 governments shall adopt the level-of-service standard 105 established by the Department of Transportation by rule. 106 However, if the Office of Tourism, Trade, and Economic 107 Development concurs in writing with the local government that 108 the proposed development is for a qualified job creation project 109 under s. 288.0656 or s. 403.973, the affected local government, 110 after consulting with the Department of Transportation, may 111 provide for a waiver of transportation concurrency for the 112 project. For all other roads on the State Highway System, local 113 governments shall establish an adequate level-of-service 114 standard that need not be consistent with any level-of-service 115 standard established by the Department of Transportation. In 116 establishing adequate level-of-service standards for any 117 arterial roads,or collector roads, as appropriate, which 118 traverse multiple jurisdictions, local governments shall 119 consider compatibility with the roadway facility’s adopted 120 level-of-service standards in adjacent jurisdictions. Each local 121 government within a county shall use a professionally accepted 122 methodology for measuring impacts on transportation facilities 123 for the purposes of implementing its concurrency management 124 system. Counties are encouraged to coordinate with adjacent 125 counties, and local governments within a county are encouraged 126 to coordinate, for the purpose of using common methodologies for 127 measuring impacts on transportation facilities for the purpose 128 of implementing their concurrency management systems. 129 (b) There shall be a limited exemption from Strategic 130 Intermodal System adopted level-of-service standards for new 131 development or redevelopment projects consistent with the local 132 comprehensive plan as inland multimodal facilities, receiving or 133 sending cargo for distribution and providing cargo storage, 134 consolidation, and repackaging and transfer of goods, and, which 135 may, if developed as proposed, include other intermodal 136 terminals, related transportation facilities, warehousing and 137 distribution, and associated office space, and light industrial, 138 manufacturing, and assembly uses. The limited exemption shall 139 apply if the project meets all of the following criteria: 140 1. The project will not cause the adopted level-of-service 141 on Strategic Intermodal System facilities to be exceeded by more 142 than 150 percent within the first 5 years of the project’s 143 development. 144 2. The project, upon completion, will result in the 145 creation of at least 50 full-time jobs. 146 3. The project is compatible with existing and planned 147 adjacent land uses. 148 4. The project is consistent with local and regional 149 economic development goals or plans. 150 5. The project is proximate to regionally significant road 151 and rail transportation facilities. 152 6. The project is proximate to a community with an 153 unemployment rate, as of the date of development order 154 application, which is 10 percent or more above the statewide 155 reported average. 156 Section 3. Funding priority shall be given to improving 157 Strategic Intermodal System segments anticipated to exceed the 158 adopted level-of-service standards within the next 5 years as a 159 result of new development or redevelopment projects as set forth 160 in s. 163.3180(10)(b), Florida Statutes. 161 Section 4. Subsection (3) of section 311.09, Florida 162 Statutes, is amended to read: 163 311.09 Florida Seaport Transportation and Economic 164 Development Council.— 165 (3) The council shall prepare a 5-year Florida Seaport 166 Mission Plan defining the goals and objectives of the council 167 concerning the development of port facilities and an intermodal 168 transportation system consistent with the goals of the Florida 169 Transportation Plan developed pursuant to s. 339.155. The 170 council shall include the modal integration and economic 171 competitiveness plan included in the applicable local government 172 comprehensive plan under s. 163.3177(6)(j)4. The Florida Seaport 173 Mission Plan shall include specific recommendations for the 174 construction of transportation facilities connecting any port to 175 another transportation mode and for the efficient, cost 176 effective development of transportation facilities or port 177 facilities for the purpose of enhancinginternationaltrade, 178 promoting cargo flow, increasing cruise passenger movements, 179 increasing port revenues, and providing economic benefits to the 180 state. The council shall develop a priority list of projects 181 based on these recommendations annually and shall submit the 182 list to the Trade Infrastructure Investment Steering Committee 183 created pursuant to s. 340.101. The council shall update the 5 184 year Florida Seaport Mission Plan annually and shall submit the 185 plan no later than February 1 of each year to the President of 186 the Senate; the Speaker of the House of Representatives; the 187 Office of Tourism, Trade, and Economic Development; the 188 Department of Transportation; and the Department of Community 189 Affairs. The council shall develop programs, based on an 190 examination of existing programs in Florida and other states, 191 for the training of minorities and secondary school students in 192 job skills associated with employment opportunities in the 193 maritime industry, and report on progress and recommendations 194 for further action to the President of the Senate and the 195 Speaker of the House of Representatives annually. 196 Section 5. Paragraph (a) of subsection (2) and subsection 197 (7) of section 339.55, Florida Statutes, are amended, and 198 subsection (11) is added to that section, to read: 199 339.55 State-funded infrastructure bank.— 200 (2) The bank may lend capital costs or provide credit 201 enhancements for: 202 (a) A transportation facility project that is on the State 203 Highway System or that provides for increased mobility on the 204 state’s transportation system or provides forintermodal205connectivity withairports, seaports, rail facilities, and other 206 transportation terminals, pursuant to s.341.053,for the 207 movement of people and goods. 208 (7) The final selection for loans shall be made by a State 209 Infrastructure Bank Selection Committee composed of the 210 Secretary of Transportation, the director of the Office of 211 Tourism, Trade, and Economic Development, and a designated 212 representative of the Trade Infrastructure Investment Steering 213 Committee who is not one of the other two members of the 214 committee. The State Infrastructure Bank Selection Committee 215 shall give top priority to projects that promote economic 216 development and create new permanent jobs as a top priority and 217The departmentmay consider, but is not limited to, the 218 following additional criteria for evaluation of projects for 219 assistance from the bank: 220 (a) The credit worthiness of the project. 221 (b) A demonstration that the project will encourage, 222 enhance, or create economic benefits. 223 (c) The likelihood that assistance would enable the project 224 to proceed at an earlier date than would otherwise be possible. 225 (d) The extent to which assistance would foster innovative 226 public-private partnerships and attract private debt or equity 227 investment. 228 (e) The extent to which the project would use new 229 technologies, including intelligent transportation systems, that 230 would enhance the efficient operation of the project. 231 (f) The extent to which the project would maintain or 232 protect the environment. 233 (g) A demonstration that the project includes 234 transportation benefits for improving intermodalism, cargo and 235 freight movement, and safety. 236 (h) The extent to which the project significantly improves 237 the state’s competitive position to compete for the movement of 238 additional goods into and through this state in association with 239 the widening of the Panama Canal. 240 (i)(h)The amount of the proposed assistance as a 241 percentage of the overall project costs with emphasis on local 242 and private participation. 243 (j)(i)The extent to which the project will provide for 244 connectivity between the State Highway System and airports, 245 seaports, rail facilities, and other transportation terminals 246 and intermodal options pursuant to s. 341.053 for the increased 247 accessibility and movement of people and goods. 248 (k)(j)The extent to which damage from a disaster that 249 results in a declaration of emergency has impacted a public 250 transportation facility’s ability to maintain its previous level 251 of service and remain accessible to the public or has had a 252 major impact on the cash flow or revenue-generation ability of 253 the public-use facility. 254 (11) The department shall deposit no less than $20 million 255 annually, in addition to scheduled project repayments, from the 256 State Transportation Trust Fund into the State Infrastructure 257 Bank beginning in fiscal year 2013-2014. The department shall 258 make this deposit in fiscal years 2011-2012 and 2012-2013 if the 259 revenue estimates from the Consensus Revenue Estimating 260 Conference increase the revenue estimate for the State 261 Transportation Trust Fund when compared to the prior revenue 262 estimate. 263 Section 6. Paragraph (b) of subsection (4) of section 264 339.64, Florida Statutes, is amended to read: 265 339.64 Strategic Intermodal System Plan.— 266 (4) The Strategic Intermodal System Plan shall include the 267 following: 268 (b) A project prioritization process. The Strategic 269 Intermodal System projects shall be selected by a Strategic 270 Intermodal System Project Selection Committee composed of the 271 Secretary of Transportation, the department assistant 272 secretaries, the director of the Office of Tourism, Trade, and 273 Economic Development, and a designated representative of the 274 Trade Infrastructure Investment Steering Committee other than 275 the members of this committee. The Strategic Intermodal System 276 Project Selection Committee shall give top priority to strategic 277 projects that promote economic development and create new 278 permanent jobs and may consider, but is not limited to, the 279 additional criteria listed in this paragraph for the evaluation 280 of projects for Strategic Intermodal System funding. The 281 Strategic Intermodal System Project Selection Committee shall 282 use these policies to add, advance, and delete Strategic 283 Intermodal System projects for the department’s 5-year work 284 program developed in accordance with s. 339.135 and this shall 285 pertain to the department’s tentative 5-year work program for 286 fiscal years 2011-2012 through 2015-2016 prior to the 5-year 287 work program being adopted in accordance with s. 339.135. 288 Additional criteria for the evaluation of projects for Strategic 289 Intermodal System funding pursuant to this paragraph include, 290 but are not limited to: 291 1. A demonstration that the project will encourage, 292 enhance, or create economic benefits. 293 2. The extent to which the project would foster innovative 294 public-private partnerships and attract private debt or equity 295 investment. 296 3. The extent to which the project would use new 297 technologies, including intelligent transportation systems, 298 which would enhance the efficient operation of the project. 299 4. The extent to which the project would maintain or 300 protect the environment. 301 5. A demonstration that the project includes transportation 302 benefits for improving intermodalism, cargo and freight 303 movement, and safety. 304 6. The extent to which the project significantly improves 305 the state’s competitive position to compete for the movement of 306 additional goods into and through this state in association with 307 the widening of the Panama Canal. 308 7. The extent to which the project can generate revenue or 309 matching funds provided by other project partners as a 310 percentage of the overall project costs with emphasis on local 311 and private participation. 312 8. The extent to which the project can relieve major 313 congestion to promote the more efficient movement of people and 314 goods. 315 9. The extent to which the project provides efficient 316 choices for the public and private sector in the movement of 317 people and goods such as express and truck-only lanes where HOV 318 lanes are converted or new lanes are added that are tolled for a 319 premium level of service. 320 10. The extent to which the project will provide for 321 connectivity between the State Highway System and airports, 322 seaports, rail facilities, and other transportation terminals 323 and intermodal options pursuant to s. 341.053 for the increased 324 accessibility and movement of people and goods. 325 11. The extent to which damage from a disaster that results 326 in a declaration of emergency has impacted a Strategic 327 Intermodal System facility’s ability to maintain its previous 328 level of service and remain accessible to the public or has had 329 a major impact on the cash flow or revenue-generation ability of 330 the public-use facility. 331 Section 7. Chapter 340, Florida Statutes, consisting of 332 sections 340.101 and 340.102, Florida Statutes, is created to 333 read: 334 Chapter 340 335 TRADE INFRASTRUCTURE DEVELOPMENT 336 340.101 Florida Trade Infrastructure Investment Act.— 337 (1) SHORT TITLE.—This section may be cited as the “Florida 338 Trade Infrastructure Investment Act.” 339 (2) PURPOSE.—The primary purpose of this section is to 340 stimulate substantial increases in trade activities and 341 opportunities in the state by identifying investment 342 opportunities and incentives for projects that capture a larger 343 share of the containerized imports originating in Asia and 344 serving Florida businesses and consumers; expand export markets 345 for Florida businesses; create more efficient logistics patterns 346 that attract advanced manufacturing and other export-related 347 industries to the state; expand the state’s role as a hub for 348 trade and investment; and enhance the supply chain system in the 349 state to process, assemble, and ship goods to markets throughout 350 the eastern United States, Canada, the Caribbean, and Latin 351 America; and create new permanent jobs in the state. 352 (3) TRADE INFRASTRUCTURE INVESTMENT STEERING COMMITTEE.— 353 (a) The Trade Infrastructure Investment Steering Committee 354 is created within the Office of the Governor. The committee 355 shall consist of the following five members: 356 1. One member shall be the director of the Office of 357 Tourism, Trade, and Economic Development or the director’s 358 designee. 359 2. One member shall be the Secretary of Transportation or 360 the secretary’s designee. 361 3. One member shall be appointed by the Governor for a term 362 of 4 years. This appointee must have significant experience in 363 international business, transportation, law, or logistics. The 364 initial appointment must be made by September 1, 2011. Absence 365 from three consecutive meetings shall result in the automatic 366 removal of such member. Any appointed member is eligible for 367 reappointment. 368 4. One member shall be appointed by the President of the 369 Senate for an initial term of 2 years. Succeeding terms shall be 370 4 years each. This appointee must be a private citizen who has 371 significant experience in international business, 372 transportation, law, or logistics. The initial appointment must 373 be made by September 1, 2011. Absence from three consecutive 374 meetings shall result in the automatic removal of such member. 375 Any appointed member is eligible for reappointment. 376 5. One member shall be appointed by the Speaker of the 377 House of Representatives for an initial term of 2 years. 378 Succeeding terms shall be 4 years each. This appointee must be a 379 private citizen who has significant experience in international 380 business, transportation, law, or logistics. The initial 381 appointment must be made by September 1, 2011. Absence from 382 three consecutive meetings shall result in the automatic removal 383 of such member. Any appointed member is eligible for 384 reappointment. 385 (b) The Governor shall select a chair from among the 386 members of the committee every 2 years. The committee shall 387 select a vice chair from among the members of the committee 388 every 2 years. 389 (c) All committee members are required to disclose 390 financial interests and clients pursuant to s. 112.3145. 391 (d) Appointed members of the committee shall serve without 392 compensation, but are entitled to reimbursement for all 393 reasonable, necessary, and actual expenses as determined and 394 approved by the committee pursuant to s. 112.061. 395 (e) The committee may establish a schedule of meetings and 396 meeting locations, but must meet at least quarterly. The initial 397 meeting of the committee must occur by September 1, 2011. 398 (f) The committee: 399 1. May receive, hold, invest, and administer funds and make 400 expenditures consistent with the purposes and provisions of this 401 section. 402 2. May make purchases, sales, exchanges, investment, and 403 reinvestments for and on behalf of the funds received pursuant 404 to this section. 405 3. Shall maintain all official records related to its 406 activities. 407 (4) DUTIES AND RESPONSIBILITIES OF THE STEERING COMMITTEE. 408 The committee shall: 409 (a) Advise the Governor and Legislature on programs, 410 policies, investments, and other opportunities to transform the 411 state’s economy by becoming a hub for trade, logistics, and 412 export-oriented activities. 413 (b) Identify strategic investments in priority seaport 414 trade infrastructure projects. The Florida Seaport 415 Transportation and Economic Development Council, under 416 311.09(3), shall provide the committee with a list of seaport 417 projects that respond to business opportunities and contribute 418 to the state’s job growth and economic stability. 419 (c) Identify strategic investments in priority airport 420 trade infrastructure projects. The Department of Transportation 421 and the Florida Airports Council shall provide the committee 422 with a list of airport projects that respond to business 423 opportunities and contribute to the state’s job growth and 424 economic stability. 425 (d) Identify strategic investments in priority road and 426 rail trade infrastructure projects. The Department of 427 Transportation and the Florida Railroad Association shall 428 provide the committee with a list of road and rail projects that 429 respond to business opportunities and contribute to the state’s 430 job growth and economic stability. 431 (e) Identify marketing tools, incentives, and support 432 services to meet trade and logistics industry needs. Enterprise 433 Florida, Inc., shall provide the committee with a list of 434 marketing tools, incentives, and support services that respond 435 to industry needs. 436 (f) Review current state planning and funding programs, 437 such as the Strategic Intermodal System, to ensure that 438 sufficient and reliable funding for future strategic investments 439 in the state’s trade and economic development systems is 440 available, including, but not limited to, a review of whether 441 these programs have the ability to respond to and leverage the 442 maximum amount of available federal dollars and provide 443 significant incentives for investment by private sector 444 businesses. 445 (g) Designate a member other than the Secretary of 446 Transportation or the director of the Office of Tourism, Trade, 447 and Economic Development to serve on the State Infrastructure 448 Bank Selection Committee as provided in s. 339.55. 449 (h) Designate a member other than the Secretary of 450 Transportation or the Director of the Office of Tourism, Trade, 451 and Economic Development to serve on the Strategic Intermodal 452 System Project Selection Committee as provided in s. 339.64. 453 (i) Select projects from the lists provided under 454 paragraphs (b), (c), and (d), which shall be included by the 455 Secretary of Transportation in the Department of 456 Transportation’s work program as part of the work program 457 developed and managed in accordance with s. 339.135. 458 (5) COMMITTEE STAFF AND EMPLOYEES.—One full-time equivalent 459 position shall be provided by the Office of Tourism, Trade, and 460 Economic Development for the committee. The committee shall be 461 provided $300,000 annually from the State Transportation Trust 462 Fund to employ consultants or other experts and to pay for 463 travel expenses of committee members. Such expenses shall be 464 paid directly from the State Transportation Trust Fund. The 465 staff, under the direction of the committee, shall manage the 466 operations of the committee and perform other duties to assist 467 the committee in reviewing project applications and notifying 468 applicants of the committee’s investment decisions. 469 (6) COMMITTEE REPORTING REQUIREMENTS.—Prior to December 1 470 of each year, the committee shall submit to the Governor, the 471 President of the Senate, and the Speaker of the House of 472 Representatives a complete and detailed report on programs, 473 policies, investments, and other opportunities identified 474 pursuant to subsection (4). This report shall include methods 475 for implementing and funding such findings. 476 340.102 Port, airport, and railroad intermodal plans.— 477 (1) Each local governmental entity with comprehensive 478 planning jurisdiction under part II of chapter 163 over 479 deepwater ports listed in s. 311.09(1), airports, railroad 480 facilities, or intermodal transportation projects may prepare a 481 comprehensive economic development and expansion and intermodal 482 transportation plan with a 10-year horizon. Each plan shall be 483 incorporated into the applicable local government comprehensive 484 plan at the next scheduled amendment of the local government 485 comprehensive plan. 486 (2) Each plan must include the following: 487 (a) An economic development element that identifies 488 targeted business opportunities for increasing business and 489 attracting new business for which a particular facility has a 490 strategic advantage over its competitors, identifies financial 491 resources and other inducements to encourage growth of existing 492 business and acquisition of new business, and provides a 493 projected schedule for attainment of the plan’s goals. 494 (b) An infrastructure development and improvement element 495 that identifies all projected infrastructure improvements within 496 the plan area which require improvement, expansion, or 497 development in order for a port, airport, or railroad to attain 498 a strategic advantage for competition with national and 499 international competitors. 500 (c) An element that identifies all intermodal 501 transportation facilities, including sea, air, rail, or road 502 facilities, which are available or have potential, with 503 improvements, to be available for necessary national and 504 international commercial linkages and provides a plan for the 505 integration of port, airport, and railroad activities with 506 existing and planned transportation infrastructure. 507 (d) An element that identifies physical, environmental, and 508 regulatory barriers to achievement of the plan goals and 509 provides recommendations for overcoming those barriers. 510 (e) An intergovernmental coordination element that 511 specifies modes and methods to coordinate plan goals and 512 missions with the missions of the Department of Transportation, 513 other state agencies, and affected local general-purpose 514 governments. 515 (3) Upon approval of a plan by a local general-purpose 516 government, the port, airport, or railroad projects and 517 activities identified by the plan shall constitute a priority 518 list for state and local funding for transportation and related 519 infrastructure projects for the Department of Transportation, 520 the Office of Tourism, Trade, and Economic Development, the 521 Department of Community Affairs, and all other state agencies. 522 (4) Upon approval of a plan, state regulatory and land 523 management agencies, including the Department of Environmental 524 Protection, the water management districts created pursuant to 525 chapter 373, and the Board of Trustees of the Internal 526 Improvement Trust Fund, shall develop a memorandum of agreement 527 for assisting each port in the expedited implementation of 528 projects included in each plan. 529 Section 8. Subsection (12) is added to section 373.406, 530 Florida Statutes, to read: 531 373.406 Exemptions.—The following exemptions shall apply: 532 (12) All overwater piers, docks, and similar structures 533 located in a deepwater port listed in s. 311.09 are not part of 534 a stormwater management system and are not impervious under this 535 chapter or chapter 403 if the port has a Stormwater Pollution 536 Prevention Plan pursuant to the National Pollutant Discharge 537 Elimination System Program. 538 Section 9. Subsection (8) of section 373.4133, Florida 539 Statutes, is amended to read: 540 373.4133 Port conceptual permits.— 541 (8) Except as otherwise provided in this section, the 542 following procedures apply to the approval or denial of an 543 application for a port conceptual permit or a final permit or 544 authorization: 545 (a) Applications for a port conceptual permit, including 546 any request for the conceptual approval of the use of 547 sovereignty submerged lands, shall be processed in accordance 548 with the provisions of ss. 373.427 and 120.60. However, if the 549 applicant believes that any request for additional information 550 is not authorized by law or agency rule, the applicant may 551 request an informal hearing pursuant to s. 120.57(2) before the 552 Secretary of Environmental Protection to determine whether the 553 application is complete. 554 (b) Notwithstanding any other provision of law, the 555 department shall issue a notice of intent within 30 days after 556 receipt of an application for a port conceptual permit. Upon 557 issuance of the department’s notice of intent to issue or deny a 558 port conceptual permit, the applicant shall publish a one-time 559 notice of such intent, prepared by the department, in the 560 newspaper with the largest general circulation in the county or 561 counties where the port is located. 562 (c) A notice of intent to issue a port conceptual permit 563 creates a rebuttable presumption that development of the port or 564 private facilities consistent with the approved port master plan 565 complies with all applicable standards for issuance of a 566 conceptual permit, an environmental resource permit, and 567 sovereign lands authorization pursuant to this chapter and 568 chapters 161, 253, and 403. The presumption may be overcome only 569 by clear and convincing evidence. 570 (d) Upon issuance and finalization of a port conceptual 571 permit and, if necessary, an environmental resource permit or 572 sovereign lands authorization pursuant to this section, the 573 department shall notify the United States Army Corps of 574 Engineers that the applicant is in compliance with all state 575 water quality and regulatory requirements and shall issue any 576 requested construction permit within 30 days after receipt of 577 the request. 578 (e)(c)Final agency action on a port conceptual permit is 579 subject to challenge pursuant to ss. 120.569 and 120.57. 580 However, final agency action to authorize subsequent 581 construction of facilities contained in a port conceptual permit 582 may only be challenged by a third party for consistency with the 583 port conceptual permit. 584 (f)(d)A person who will be substantially affected by a 585 final agency action described in paragraph (e)(c)must initiate 586 administrative proceedings pursuant to ss. 120.569 and 120.57 587 within 21 days after the publication of the notice of the 588 proposed action. If administrative proceedings are requested, 589 the proceedings are subject to the summary hearing provisions of 590 s. 120.574. However, if the decision of the administrative law 591 judge will be a recommended order rather than a final order, a 592 summary proceeding must be conducted within 90 days after a 593 party files a motion for summary hearing, regardless of whether 594 the parties agree to the summary proceeding. 595 Section 10. Subsection (3) of section 403.813, Florida 596 Statutes, is amended to read: 597 403.813 Permits issued at district centers; exceptions.— 598 (3) A permit is not required under this chapter, chapter 599 373, chapter 61-691, Laws of Florida, or chapter 25214 or 600 chapter 25270, 1949, Laws of Florida, for maintenance dredging 601 conductedunder this sectionby the seaports of Jacksonville, 602 Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, 603 Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, 604 Pensacola, Key West, and Fernandina or by inland navigation 605 districts, if the dredging to be performed is no more than is 606 necessary to meet the original design specifications or 607 configurations, the work is conducted in compliance with s. 608 379.2431(2)(d), and previously undisturbed natural areas are not 609 significantly impacted. In addition: 610 (a) A mixing zone for turbidity is granted within a 150 611 meter radius from the point of dredging while dredging is 612 ongoing, except that the mixing zone may not extend into areas 613 supporting wetland communities, submerged aquatic vegetation, or 614 hardbottom communities. 615 (b) The discharge of the return water from the site used 616 for the disposal of dredged material shall be allowed only if 617 such discharge does not result in a violation of water quality 618 standards in the receiving waters. The return-water discharge 619 into receiving waters shall be granted a mixing zone for 620 turbidity within a 150-meter radius from the point of discharge 621 into the receiving waters during and immediately after the 622 dredging, except that the mixing zone may not extend into areas 623 supporting wetland communities, submerged aquatic vegetation, or 624 hardbottom communities. Ditches, pipes, and similar types of 625 linear conveyances may not be considered receiving waters for 626 the purposes of this subsection. 627 (c) The state may not exact a charge for material that this 628 subsection allows a public port or an inland navigation district 629 to remove. In addition, consent to use any sovereignty submerged 630 lands pursuant to this section is hereby granted. 631 (d) The use of flocculants at the site used for disposal of 632 the dredged material is allowed if the use, including supporting 633 documentation, is coordinated in advance with the department and 634 the department has determined that the use is not harmful to 635 water resources. 636 (e) If all requirements of the permit are satisfied, the 637 spoil material may be deposited on a permitted disposal site or 638 on a self-contained, upland spoil site that will prevent the 639 escape of the spoil material into the waters of the state. 640 (f)(e)This subsection does not prohibit maintenance 641 dredging of areas where the loss of original design function and 642 constructed configuration has been caused by a storm event, 643 provided that the dredging is performed as soon as practical 644 after the storm event. Maintenance dredging that commences 645 within 3 years after the storm event shall be presumed to 646 satisfy this provision. If more than 3 years are needed to 647 commence the maintenance dredging after the storm event, a 648 request for a specific time extension to perform the maintenance 649 dredging shall be submitted to the department, prior to the end 650 of the 3-year period, accompanied by a statement, including 651 supporting documentation, demonstrating that contractors are not 652 available or that additional time is needed to obtain 653 authorization for the maintenance dredging from the United 654 States Army Corps of Engineers. 655 Section 11. This act shall take effect July 1, 2011.