Bill Text: FL S2000 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2010 CS for SB 2000 By the Committee on Commerce; and Senator Ring 577-02767-10 20102000c1 1 A bill to be entitled 2 An act relating to seaports; creating s. 311.06, F.S.; 3 providing legislative intent; authorizing certain 4 ports to submit a port master plan to the Department 5 of Environmental Protection entitling a port to the 6 summary issuance of certain final permits; defining 7 terms; specifying the required contents of a port 8 master plan; specifying methods by which an applicant 9 port may demonstrate compliance with the regulatory 10 requirements of the Department of Environmental 11 Protection; specifying interests that the Department 12 of Environmental Protection must balance in approving 13 or denying a port master plan authorization; 14 specifying the requirements for a final permit or 15 authorization for an activity in a port master plan 16 authorization; specifying procedures for the approval 17 or denial of a port master plan or final permit or 18 authorization; amending s. 311.09, F.S.; requiring the 19 Florida Seaport Transportation and Economic 20 Development Council to submit certain information to 21 the Department of Transportation for inclusion in its 22 annual legislative budget request; requiring the 23 council to allocate funds to seaports for specified 24 projects contingent upon appropriation; amending s. 25 403.061, F.S.; removing the requirement to enter into 26 memoranda of agreement with the Florida Ports Council 27 from the authority granted to the Department of 28 Environmental Protection to provide supplemental 29 permitting processes for the issuance of certain 30 permits; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 311.106, Florida Statutes, is created to 35 read: 36 311.106 Port master plan authorization.— 37 (1) The Legislature finds that seaport facilities are 38 critical infrastructure facilities that significantly support 39 the economic development of this state. The Legislature further 40 finds that it is a necessity to provide a method of priority 41 permit review which allows seaports in this state to become 42 internationally competitive. 43 (2) For the purposes of this section, the term: 44 (a) “Department” means the Department of Environmental 45 Protection. 46 (b) “Port master plan authorization” means an entitlement 47 of a port to the summary issuance of a final permit or 48 authorization to conduct activities or construct facilities or 49 developments described in the port master plan authorization. 50 The authorization is valid for as long as the authorized 51 activities occur or the facilities or developments exist. A port 52 master plan authorization is final, but does not authorize any 53 development to occur. A port master plan authorization 54 constitutes compliance with the state’s water quality 55 certification for purposes of s. 401 of the Clean Water Act, and 56 the state’s determination that the activities contained in the 57 authorized port master plan are consistent with this state’s 58 federally approved coastal zone management program. 59 (3) A port authority having jurisdiction over any port 60 listed in s. 403.021(9)(b), or any other person or legal entity 61 having a controlling interest in property that is or will be 62 used predominantly for purposes directly related to deepwater 63 commercial navigation at any port listed in s. 403.021(9)(b), 64 may submit by application a port master plan to the department 65 in order to receive a port master plan authorization. A port 66 master plan may, but need not be, a port master plan that has 67 been incorporated into the appropriate local government 68 comprehensive plan pursuant to s. 163.3178(2)(k). 69 (a) The port master plan must include projections of costs, 70 revenue, and job creation for any proposed development. 71 (b) When the port master plan is submitted to the 72 department, the plan must include all available information, 73 except for final design specifications and drawings, required by 74 other applicable laws for the department to issue the permit or 75 authorization requested. 76 (c) When the port master plan is submitted to the 77 department, the plan must include all available information 78 necessary for the department to determine whether the plan is 79 consistent with this state’s federally approved coastal zone 80 management program. 81 (4) The information required by paragraphs (3)(a)-(c) must 82 include: 83 (a) The size of proposed impervious surfaces; 84 (b) A description of the design approach for storm water 85 treatment facilities; 86 (c) An explanation of how the proposed future activities 87 will be constructed and operated so as to not cause or 88 contribute to any violations of any applicable water quality 89 standards; 90 (d) An explanation of how, by balancing the factors in s. 91 373.414(1)(a), the proposed future activity is: 92 1. Not contrary to the public interest; or 93 2. Clearly in the public interest if the proposed future 94 activity is located within an Outstanding Florida Water; 95 (e) The overall size of the future facilities; 96 (f) The acreage and type of jurisdictional wetlands to be 97 impacted by the proposed future facilities; 98 (g) The uniform mitigation assessment method scores for all 99 wetlands to be disturbed which are under the jurisdiction of the 100 United States Army Corps of Engineers; 101 (h) A qualitative mitigation approach to offset any loss of 102 wetland function resulting from the construction of the future 103 facilities; 104 (i) To the extent required by the department’s substantive 105 standards, a qualitative characterization of the proposed 106 approach to treatment methods for a discharge of wastewater from 107 a point source or emissions of pollutants from a stationary 108 source; 109 (j) The size, location, and description of any waters 110 proposed to be filled, including qualitative benthic surveys, 111 the source or type of fill, and methods to be used to control 112 turbidity; 113 (k) The size, location, and descriptions of any areas to be 114 dredged, including qualitative benthic surveys, dredging methods 115 to be used, methods to be used to control turbidity, and 116 location and a description of the spoil disposal site and return 117 water discharge; 118 (l) A qualitative characterization of, a description of the 119 management of, and a description of methods available for the 120 disposal of solid wastes expected to be generated at the 121 proposed future facilities; 122 (m) The potential adverse effect, if any, of the proposed 123 future facilities on animal species listed on the federal list 124 of endangered and threatened wildlife and plants and a 125 description of management or mitigation techniques to minimize 126 or eliminate any such effects; 127 (n) A description of why and how the proposed future 128 activities will not result in any unacceptable secondary or 129 cumulative impacts; 130 (o) An explanation of how the proposed future activity will 131 comply with the standards contained in s. 161.053 to the extent 132 applicable; and 133 (p) An explanation of the form of an authorization to use 134 sovereign submerged lands which will be required for the 135 proposed facilities and, to the extent required by chapter 253, 136 an explanation of how the future activity qualifies for the 137 authorizations. 138 (5) An applicant for a port master plan authorization must 139 demonstrate compliance with the department’s regulatory 140 requirements by: 141 (a) Including all information required to demonstrate 142 compliance with the department’s regulatory requirements as part 143 of the port master plan authorization application before the 144 approval of the port master plan. 145 (b) Submitting all of the information required to 146 demonstrate compliance with the department’s regulatory 147 requirements for a port master plan authorization as a part of a 148 request for a final permit or authorization and before any 149 construction activities. If an applicant chooses this method of 150 demonstrating compliance with the department’s regulatory 151 requirements, the department must include conditions in the port 152 master plan authorization specifying the additional information 153 that must be submitted as part of a request for a final permit 154 or authorization. 155 (6) In determining whether to issue a port master plan 156 authorization, the department shall review the port master plan 157 submitted by a port for compliance with the standards of a joint 158 coastal permit pursuant to s. 161.055, an environmental resource 159 permit pursuant to part IV of chapter 373, a sovereign submerged 160 lands authorization pursuant to chapter 253, or any combination 161 of these permits and authorizations, as applicable. A port 162 master plan submitted to the department for review must specify 163 which of these permits or authorizations apply to the port 164 master plan. 165 (7)(a) In determining whether a port master plan 166 authorization shall be approved in whole, approved with 167 modifications or conditions, or denied, the department shall 168 effect a reasonable balance between: 169 1. The need for the facility and its potential benefits; 170 and 171 2. The impacts upon air and water quality, fish and 172 wildlife, water resources, and other natural resources of the 173 state resulting from the construction and operation of the 174 facility. 175 (b) In effecting such a balance, the department must 176 consider whether, and the extent to which, the location, 177 construction, and operation of the proposed future port 178 facilities will, after any final permits or authorizations are 179 issued: 180 1. Provide operational safeguards that are technically 181 sufficient for the public welfare and protection; 182 2. Meet the seaport infrastructure needs of the state in an 183 orderly, reliable, and timely fashion; 184 3. Minimize, through the use of reasonable and available 185 methods, the adverse effects on human health, the environment, 186 and wildlife, including aquatic life; 187 4. Serve and protect the broad interests of the public; and 188 5. Comply with the department’s regulatory requirements 189 established by statute or rule, excluding any provisions 190 prescribing forms, fees, procedures, or time limits for the 191 review or processing of information submitted to demonstrate 192 compliance with such regulatory requirements. 193 (8) After a port master plan authorization is issued, a 194 permit or authorization for activities approved in the port 195 master plan authorization may be requested. The request must 196 provide final construction plans and details about the 197 activities actually proposed. 198 (9) Except as otherwise provided in this subsection, the 199 following procedures apply to the approval or denial of an 200 application for a port master plan authorization or a final 201 permit or authorization: 202 (a) The department shall issue or deny an application for a 203 port master plan authorization or final permit or authorization 204 pursuant to s. 120.60. However, if the department determines 205 that an application or request is incomplete, it may request 206 additional information only twice, except as provided in this 207 paragraph. An application or request is deemed complete upon the 208 earlier of: the receipt of all the information necessary to 209 process the application or the request; or the receipt of a 210 response to the department’s second request for additional 211 information. The department may request additional information 212 more than two times only if the department first demonstrates by 213 clear and convincing evidence to an administrative law judge, 214 appointed by the Director of the Division of Administrative 215 Hearings, that the applicant has failed to fully respond to its 216 second request for additional information. Unless waived by the 217 applicant, an administrative law judge appointed to make such a 218 determination shall issue a final order determining whether the 219 application for a port master plan authorization is complete 220 within 45 days after the department requests such a 221 determination. 222 (b) Upon the issuance of the department’s notice of intent 223 to issue or deny a port master plan authorization, the applicant 224 shall publish a notice of such intent, prepared by the 225 department, one time only in the largest newspaper of general 226 circulation in the county or counties where the port is located. 227 (c) A person who will be substantially affected by the 228 proposed action must initiate administrative proceedings, 229 pursuant to ss. 120.569 and 120.57, within 14 days after the 230 publication of the notice of the proposed action. 231 (d) If administrative proceedings are requested, the 232 approval or denial of any port master plan authorization is 233 subject to the summary hearing provisions of s. 120.574. 234 However, if the decision of an administrative law judge will be 235 a recommended order, rather than a final order, a summary 236 proceeding must be conducted within 90 days after a party files 237 a motion for a summary hearing, regardless of whether the 238 parties agree to the summary proceeding. 239 (e) Upon request, the department shall issue a final permit 240 or authorization if the proposed activities and facilities are 241 consistent with the activities and facilities described in an 242 approved port master plan authorization and upon the receipt of 243 all information required by any conditions in the approved port 244 master plan authorization. The purpose of a request for final 245 permit or authorization is solely for the department to monitor 246 compliance with the approved port master plan authorization. 247 Consequently, a final permit or authorization issued following 248 the approval of a port master plan authorization does not 249 constitute agency action as defined in s. 120.52 and is not 250 subject to ss. 120.569 and 120.57, and paragraphs (b)-(d) do not 251 apply to a request for final permit or authorization. 252 (f) If the activities or facilities proposed in a request 253 for a final permit or authorization are inconsistent with the 254 activities and facilities described in an approved port master 255 plan authorization, the procedures to process an application 256 prescribed by other law apply, unless the inconsistency is 257 deemed by the department to be de minimis. 258 Section 2. Subsection (10) of section 311.09, Florida 259 Statutes, is amended to read: 260 311.09 Florida Seaport Transportation and Economic 261 Development Council.— 262 (10) The Department of Transportation shall include in its 263 annual legislative budget request a Florida Seaport 264 Transportation and Economic Development grant program for 265 expenditure of funds of not less than $8 million per year. Such 266 budget shall include funding for projects approved by the 267 council which have been determined by each agency to be 268 consistent and which have been determined by the Office of 269 Tourism, Trade, and Economic Development to be economically 270 beneficial. The council shallmaysubmit to the department a 271 list of approved projects that could be made production-ready 272 within the next 52years following the end of the current 273 fiscal year. The list shall be submitted by the department as 274 part of its annual legislative budget request for seaport 275 economic development projects submittedthe needs and project276list preparedpursuant to s. 339.135(2)339.135. However, the 277 department may not require the identification or funding of a 278 specific project as part of its legislative budget request. 279 Contingent upon legislative appropriation each year, the council 280 shall allocate funds to seaports for approved projects that 281 improve the movement and intermodal transportation of cargo or 282 passengers in commerce and trade and that support the interests, 283 purposes, and requirements of ports located in this state. 284 Section 3. Subsections (37) and (38) of section 403.061, 285 Florida Statutes, are amended to read: 286 403.061 Department; powers and duties.—The department shall 287 have the power and the duty to control and prohibit pollution of 288 air and water in accordance with the law and rules adopted and 289 promulgated by it and, for this purpose, to: 290 (37) ProvideEnter into a memorandum of agreement with the291Florida Ports Council which providesa supplemental permitting 292 process for the issuance of a joint coastal permit pursuant to 293 s. 161.055 or environmental resource permit pursuant to part IV 294 of chapter 373, to a port listed in s. 311.09(1), for 295 maintenance dredging and the management of dredged materials 296 from maintenance dredging of all navigation channels, port 297 harbors, turning basins, and harbor berths. Such permit shall be 298 issued for a period of 5 years and shall be annually extended 299 for an additional year if the port is in compliance with all 300 permit conditions at the time of extension. The department is 301 authorized to adopt rules to implement this subsection. 302 (38) ProvideEnter into a memorandum of agreement with the303Florida Ports Council which providesa supplemental permitting 304 process for the issuance of a conceptual joint coastal permit 305 pursuant to s. 161.055 or environmental resource permit pursuant 306 to part IV of chapter 373, to a port listed in s. 311.09(1), for 307 dredging and the management of materials from dredging and for 308 other related activities necessary for development, including 309 the expansion of navigation channels, port harbors, turning 310 basins, harbor berths, and associated facilities. Such permit 311 shall be issued for a period of up to 15 years. The department 312 is authorized to adopt rules to implement this subsection. 313 The department shall implement such programs in conjunction with 314 its other powers and duties and shall place special emphasis on 315 reducing and eliminating contamination that presents a threat to 316 humans, animals or plants, or to the environment. 317 Section 4. This act shall take effect July 1, 2010.
