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 CS for SB 2000 By the Committees on Environmental Preservation and Conservation; and Commerce; and Senator Ring 592-03552-10 20102000c2 1 A bill to be entitled 2 An act relating to ports; amending ss. 161.055 and 3 253.002, F.S.; conforming provisions to changes made 4 by the act; amending s. 311.09, F.S.; requiring the 5 Department of Transportation to include certain 6 seaport projects and funding related to the Florida 7 Seaport Transportation and Economic Development grant 8 program in its legislative budget request; requiring 9 the department to submit work program amendments 10 requested by the Florida Seaport Transportation and 11 Economic Development Council within a certain 12 timeframe; amending s. 373.403, F.S.; revising the 13 definition for “stormwater management system” to 14 exempt certain structures from regulation; creating s. 15 373.4133, F.S.; providing legislative findings; 16 providing for port conceptual permits; providing which 17 ports may apply for a port conceptual permit; 18 authorizing a private entity that has adjacent 19 property to apply for a permit; specifying the length 20 of time for which a permit may be issued; providing 21 that a conceptual permit is the state’s water quality 22 compliance certification and conceptual determination 23 of consistency with the state’s coastal zone 24 management program; providing for permit applications 25 and application requirements; requiring the department 26 to effect a certain balance between the benefits of 27 the facility and the environment; providing that a 28 permit provides certain assurances with respect to 29 construction permits if certain requirements are met; 30 providing for advance mitigation; providing that 31 certain actions may not be delegated by the Board of 32 Trustees of the Internal Improvement Trust Fund; 33 providing an exception for sovereignty submerged 34 lands; providing procedures for the approval or denial 35 of an application; providing for administrative 36 challenges; authorizing the department and the board 37 to issue certain permits and authorizations before 38 certain actions are taken under the Endangered Species 39 Act; authorizing the department and the board to adopt 40 rules; amending s. 403.061, F.S.; removing the 41 requirement for the Department of Environmental 42 Protection to enter into memoranda of agreement 43 relating to the issuance of certain joint coastal 44 permits or other permits with the Florida Ports 45 Council; amending s. 403.813, F.S.; revising 46 requirements relating to maintenance dredging at 47 seaports; revising the mixing zone and a requirement 48 relating to the discharge of return water; increasing 49 the time allowance for maintenance dredging after a 50 storm event; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Subsection (1) of section 161.055, Florida 55 Statutes, is amended to read: 56 161.055 Concurrent processing of permits.— 57 (1) IfWhenan activity for which a permit is required 58 under this chapter also requires a permit, authorization, or 59 approval described in paragraph (2)(b), or a port conceptual 60 permit under s. 373.4133, the department may, by rule, provide 61 that the activity may be undertaken only upon receipt of a 62 single permit from the department called a “joint coastal 63 permit,” as provided in this section. 64 Section 2. Subsection (2) of section 253.002, Florida 65 Statutes, is amended to read: 66 253.002 Department of Environmental Protection, water 67 management districts, Fish and Wildlife Conservation Commission, 68 and Department of Agriculture and Consumer Services; duties with 69 respect to state lands.— 70 (2) Delegations to the department, or a water management 71 district, or the Department of Agriculture and Consumer Services 72 of authority to take final agency action on applications for 73 authorization to use submerged lands owned by the Board of 74 Trustees of the Internal Improvement Trust Fund, without any 75 action on behalf of the boardof trustees, shall be by rule; 76 however, delegations related to conceptual permits must be in 77 accordance with s. 373.4133. Until rules adopted pursuant to 78 this subsection become effective, existing delegations by the 79 boardof trustees shallremain in full force and effect. 80 However, the boardof trusteesis not limited or prohibited from 81 amending these delegations. The boardof trusteesshall adopt by 82 rule any delegations of its authority to take final agency 83 action without action by the boardof trusteeson applications 84 for authorization to use board of trustees-owned submerged 85 lands. Any final agency action, without action by the boardof86trustees, taken by the department, or a water management 87 district, or the Department of Agriculture and Consumer Services 88 on applications to use board of trustees-owned submerged lands 89 isshall besubject tothe provisions ofs. 373.4275. 90 Notwithstanding any other provision of this subsection, the 91 board of trustees, the Department of Legal Affairs, and the 92 department retaintheconcurrent authority to assert or defend 93 title to submerged lands owned by the boardof trustees. 94 Section 3. Subsection (10) of section 311.09, Florida 95 Statutes, is amended to read: 96 311.09 Florida Seaport Transportation and Economic 97 Development Council.— 98 (10) The Department of Transportation shall include in its 99 annual legislative budget request a Florida Seaport 100 Transportation and Economic Development grant program for 101 expenditure of funds of not less than $8 million per year. The 102Suchbudget request mustshallinclude funding for projects 103 approved by the council which have been determined by each 104 agency to be consistent and which have been determined by the 105 Office of Tourism, Trade, and Economic Development to be 106 economically beneficial. 107 (a) The department shall include a list of the approved 108 seaport projects from the tentative work program developed 109 pursuant to s. 339.135(4) which are to be funded during the next 110 fiscal year. The department shall also include the total amount 111 of funding under s. 311.07 to be allocated to seaport projects 112 during the successive 4 fiscal years of the tentative work 113 program. 114 (b) The council may submit to the department a list of 115 approved projects that could be made production-ready within the 116 next 2 years. The list shall be submitted as part of the needs 117 and project list prepared pursuant to s. 339.135(2)(b)339.135. 118 Upon the written request of the council, the department shall 119 submit work program amendments pursuant to s. 339.135(7) to the 120 Governor within 10 days after the date the request is received 121 by the department, or the effective date of the amendment, 122 termination, or closure of the applicable funding agreement 123 between the department and the seaport required to release the 124 funds from the existing commitment, whichever occurs later. 125 Section 4. Subsection (10) of section 373.403, Florida 126 Statutes, is amended to read: 127 373.403 Definitions.—When appearing in this part or in any 128 rule, regulation, or order adopted pursuant thereto, the 129 following terms mean: 130 (10) “Stormwater management system” means a system that 131whichis designed and constructed or implemented to control 132 discharges thatwhichare causednecessitatedby rainfall 133 events, incorporating methods to collect, convey, store, absorb, 134 inhibit, treat, use, or reuse water to prevent or reduce 135 flooding, overdrainage, environmental degradation, and water 136 pollution or otherwise affect the quantity and quality of 137 discharges from the system. Overwater piers, docks, and similar 138 structures located in a port listed in s. 311.09(1) are not part 139 of a stormwater management system and are not considered 140 impervious surfaces under this chapter or chapter 403 if the 141 port has a stormwater pollution prevention plan developed 142 pursuant to the National Pollution Discharge Elimination System. 143 Section 5. Section 373.4133, Florida Statutes, is created 144 to read: 145 373.4133 Port conceptual permits.— 146 (1) The Legislature finds that seaport facilities are 147 critical infrastructure facilities that significantly support 148 the economic development of the state. The Legislature further 149 finds that it is necessary to provide a method of permit review 150 that allows seaports in this state to become internationally 151 competitive. 152 (2) Any port listed in s. 311.09(1) may apply to the 153 department for a port conceptual permit, which may include 154 authorization to use sovereignty submerged lands under chapter 155 253 under a joint coastal permit issued pursuant to s. 161.055 156 or an environmental resource permit issued pursuant to this part 157 for all or a portion of the area within the geographic 158 boundaries of the port. A private entity that has a controlling 159 interest in property used for private industrial marine 160 activities in the immediate vicinity of such port may also apply 161 under this section. A port conceptual permit may be issued for 162 up to 20 years and extended once for 10 additional years. A port 163 conceptual permit constitutes the state’s conceptual water 164 quality compliance certification for purposes of s. 401 of the 165 Clean Water Act, and the state’s conceptual determination that 166 the activities contained in the permit are consistent with the 167 state’s federally approved coastal zone management program. 168 (3) A port conceptual permit application must include 169 sufficient information to provide reasonable assurance that the 170 engineering and environmental concepts upon which the designs 171 are based are likely to meet applicable rule criteria for the 172 issuance of construction permits for subsequent phases of the 173 project. At a minimum, the application should include 174 projections of costs, revenue, and job creation for proposed 175 development; proposed construction areas and areas where 176 construction will not occur; estimated or maximum anticipated 177 impacts to wetlands and other surface waters, and any proposed 178 mitigation for those impacts; estimated or maximum amount of 179 anticipated impervious surface and the nature of the stormwater 180 treatment system for those areas; and the general location and 181 types of activities on sovereignty submerged lands. Except where 182 construction approval is requested as part of the application, 183 the application is not expected to include final design 184 specifications and drawings. The department shall specify any 185 additional information that must be submitted as part of a 186 request for a subsequent construction permit or authorization in 187 the port conceptual permit. 188 (4) In determining whether a port conceptual permit 189 application should be approved in whole, with modifications or 190 conditions, or denied, the department shall effect a reasonable 191 balance between the potential benefits of the facility and the 192 impacts upon water quality, fish and wildlife, water resources, 193 and other natural resources of the state resulting from the 194 construction and operation of the facility. 195 (5) A port conceptual approval permit provides the 196 permitholder with assurance during the duration of the permit 197 that the engineering and environmental concepts upon which the 198 designs are based are likely to meet applicable rule criteria 199 for the issuance of construction permits for subsequent phases 200 of the project if: 201 (a) There are no changes in the rules governing the 202 conditions of issuance of permits for future phases of the 203 project and the conceptual approval permit is not inconsistent 204 with any total maximum daily load or basin management action 205 plan adopted for the water body into which the system discharges 206 or is located pursuant to s. 403.067(7) and rule 62-304, Florida 207 Administrative Code; and 208 (b) Applications for proposed future phase activities under 209 the permit are consistent with the design and conditions of the 210 permit. Primary areas for consistency comparisons include the 211 size, location, and extent of the system; type of activity; 212 percent imperviousness; allowable discharge and points of 213 discharge; location and extent of wetland and other surface 214 water impacts and proposed mitigation plan, if required; control 215 elevations; extent of stormwater reuse; and detention-retention 216 volumes. If an application for subsequent phase activity is not 217 consistent with the terms and conditions of the approved permit, 218 the applicant may request a modification of the permit to 219 resolve the inconsistency or may request that the application be 220 processed independently of the permit. 221 (6) Notwithstanding any other provision of law, a port 222 conceptual permit or associated construction permit, including 223 any applicable sovereignty submerged lands authorization, may 224 authorize advance mitigation for impacts expected as a result of 225 the activities described in the port conceptual permit. Such 226 advance mitigation shall be credited to offset the impacts of 227 the activities when undertaken to the extent that the advance 228 mitigation is successful. 229 (7) Final agency action on a port conceptual sovereignty 230 submerged lands authorization associated with a port conceptual 231 permit may not be delegated by the Board of Trustees of the 232 Internal Improvement Trust Fund. However, approval of the 233 authorization by the board delegates to the department authority 234 to take final agency action on behalf of the board on any 235 sovereignty submerged lands authorization necessary to construct 236 facilities included in the authorization, unless a member of the 237 board specifically requests that final agency action be brought 238 before the board. Any delegation to the department concerning a 239 private project does not exempt the private project from 240 applicable board rules, including lease and easement fees. 241 (8) Except as otherwise provided in this subsection, the 242 following procedures apply to the approval or denial of an 243 application for a port conceptual permit, or a final permit or 244 authorization: 245 (a) Applications for a port conceptual permit, including 246 any request for the conceptual approval of the use of sovereign 247 submerged lands, must be processed in accordance with ss. 248 373.427 and 120.60. However, if the applicant believes a request 249 for additional information is not authorized by law or agency 250 rule, the applicant may request an informal hearing pursuant to 251 s. 120.57(2) before the secretary of the department to determine 252 whether the application is complete. 253 (b) Upon issuance of the department’s notice of intent to 254 issue or deny a port conceptual permit, the applicant shall 255 publish a one-time notice of such intent, prepared by the 256 department, in the newspaper having the largest general 257 circulation in the county or counties where the port is located. 258 (c) Final agency action on a port conceptual permit is 259 subject to challenge under ss. 120.569 and 120.57. However, 260 final agency action to authorize subsequent construction of 261 facilities contained in a port conceptual permit may be 262 challenged only by a third party for consistency with the port 263 conceptual permit. 264 (d) A person who will be substantially affected by a final 265 agency action described in paragraph (c) must initiate 266 administrative proceedings pursuant to ss. 120.569 and 120.57 267 within 21 days after the publication of the notice of the 268 proposed action. If administrative proceedings are requested, 269 the proceedings are subject to the summary hearing provisions of 270 s. 120.574. However, if the decision of the administrative law 271 judge will be a recommended order, rather than a final order, a 272 summary proceeding must be conducted within 90 days after a 273 party files a motion for summary hearing regardless of whether 274 the parties agree to the summary proceeding. 275 (9) Notwithstanding any other provision of law, the 276 department and the Board of Trustees of the Internal Improvement 277 Trust Fund may issue permits and authorizations pursuant to this 278 section in advance of the issuance of a take authorization as 279 provided in the federal Endangered Species Act and its 280 implementing regulations. However, the permits and 281 authorizations must include a condition requiring that 282 authorized activities may not commence until such take 283 authorization is issued and such activities must be consistent 284 with such authorization. The department shall unilaterally 285 modify any permit or authorization issued pursuant to this 286 section to make the permit or authorization consistent with any 287 subsequently issued incidental take authorization. Such 288 unilateral modification does not create a point of entry for any 289 substantially affected person to request administrative 290 proceedings under ss. 120.569 and 120.57. 291 (10) The department and the Board of Trustees of the 292 Internal Improvement Trust Fund may adopt rules to administer 293 this section under the joint coastal permit provisions of 294 chapter 161, the sovereign lands provisions of chapter 253, and 295 the environmental resource permit provisions of this part. 296 Adoption of such rules is not subject to any special rulemaking 297 requirements related to small businesses. Notwithstanding this 298 grant of rulemaking authority, this section is intended to be 299 available effective July 1, 2010, and its implementation may not 300 be delayed pending the adoption of rules. 301 Section 6. Subsections (37) and (38) of section 403.061, 302 Florida Statutes, are amended to read: 303 403.061 Department; powers and duties.—The department shall 304 have the power and the duty to control and prohibit pollution of 305 air and water in accordance with the law and rules adopted and 306 promulgated by it and, for this purpose, to: 307 (37) ProvideEnter into a memorandum of agreement with the308Florida Ports Council which providesa supplemental permitting 309 process for the issuance of a joint coastal permit pursuant to 310 s. 161.055 or environmental resource permit pursuant to part IV 311 of chapter 373, to a port listed in s. 311.09(1), for 312 maintenance dredging and the management of dredged materials 313 from maintenance dredging of all navigation channels, port 314 harbors, turning basins, and harbor berths. Such permit shall be 315 issued fora period of5 years and shall be annually extended 316 for an additional year if the port is in compliance with all 317 permit conditions at the time of extension. The department may 318is authorized toadopt rules to administerimplementthis 319 subsection. 320 (38) ProvideEnter into a memorandum of agreement with the321Florida Ports Council which providesa supplemental permitting 322 process for the issuance of a conceptual joint coastal permit 323 pursuant to s. 161.055 or environmental resource permit pursuant 324 to part IV of chapter 373, to a port listed in s. 311.09(1), for 325 dredging and the management of materials from dredging and for 326 other related activities necessary for development, including 327 the expansion of navigation channels, port harbors, turning 328 basins, harbor berths, and associated facilities. Such permit 329 shall be issued fora period ofup to 15 years. The department 330 mayis authorized toadopt rules to administerimplementthis 331 subsection. 332 333 The department shall implement such programs in conjunction with 334 its other powers and duties and shall place special emphasis on 335 reducing and eliminating contamination that presents a threat to 336 humans, animals or plants, or to the environment. 337 Section 7. Subsection (3) of section 403.813, Florida 338 Statutes, is amended to read: 339 403.813 Permits issued at district centers; exceptions.— 340 (3) For maintenance dredging conducted under this section 341 by the seaports of Jacksonville, Port Canaveral, Fort Pierce, 342 Palm Beach, Port Everglades, Miami, Port Manatee, St. 343 Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 344 West, and Fernandina or by inland navigation districts: 345 (a) A mixing zone for turbidity is granted within a 100 346 meter radius from the point of dredging while dredging is 347 ongoing, except that the mixing zone maydoesnot extend into 348 areas supporting wetland communities, submerged aquatic 349 vegetation, or hardbottom communities. 350 (b) The discharge of the return water from the site used 351 for the disposal of dredged material shall be allowed only if 352 such discharge does not result in a violation of water quality 353 standards in the receiving waters. TheHowever, any suchreturn 354 water discharge into receivingmanmadewaters shall bethat are355not in Monroe County isgranted a mixing zone for turbidity 356 within a 150-meter radius from the point of discharge during and 357 immediately after thedischarge whiledredgingis ongoing, 358 except that the mixing zone maydoesnot extend into areas 359 supporting wetland communities, submerged aquatic vegetation, or 360 hardbottom communitiesoutside the manmade waters. As used in361this paragraph, the term “manmade waters” means surface waters362that were wholly excavated from lands other than wetlands and363other surface waters or semienclosed port berths. 364 (c) The state may not exact a charge for material that this 365 subsection allows a public port or an inland navigation district 366 to remove. 367 (d) The use of flocculants at the site used for disposal of 368 the dredged material is allowed if the use, including supporting 369 documentation, is coordinated in advance with the department and 370 the department has determined that the use is not harmful to 371 water resources. 372 (e) This subsection does not prohibit maintenance dredging 373 of areas where the loss of original design function and 374 constructed configuration has been caused by a storm event if,375provided thatthe dredging is performed as soon as practical 376 after the storm event. Maintenance dredging that commences 377 within 32years after the storm event isshall bepresumed to 378 satisfy this provision. If more than 32years are needed to 379 commence the maintenance dredging after the storm event, a 380 request for a specific time extension to perform the maintenance 381 dredging mustshallbe submitted to the department before, prior382tothe end of the 3-year2-yearperiod, accompanied by a 383 statement, including supporting documentation, demonstrating 384 that contractors are not available or that additional time is 385 needed to obtain authorization for the maintenance dredging from 386 the United States Army Corps of Engineers. 387 Section 8. This act shall take effect July 1, 2010.
