Bill Text: FL S2000 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Seaports [WPSC]

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00933; Amendment(s) adopted (800090, 594120, 312540) -SJ 00933; Substituted CS/CS/CS/HB 963 -SJ 00933; Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 963 (Ch. 2010-201) -SJ 00933 [S2000 Detail]

Download: Florida-2010-S2000-Introduced.html

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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.