CS/CS/HB 399

1
A bill to be entitled
2An act relating to infrastructure investment; amending s.
320.23, F.S.; requiring the Secretary of Transportation to
4designate duties relating to certain investment
5opportunities and transportation projects to an assistant
6secretary; amending s. 311.09, F.S.; revising requirements
7for the inclusion of certain goals and objectives in the
8Florida Seaport Mission Plan; requiring the Florida
9Seaport Transportation and Economic Development Council to
10develop a priority list of projects and submit the list to
11the Department of Transportation; amending s. 311.14,
12F.S.; requiring certain ports to develop master plans;
13providing criteria for such plans; requiring such plans to
14be consistent with local government comprehensive plans;
15requiring such plans to be submitted to the Florida
16Seaport Transportation and Economic Development Council;
17requiring the Florida Seaport Transportation and Economic
18Development Council to review such plans and include
19related information in the Florida Seaport Mission Plan;
20amending s. 339.155, F.S.; clarifying and revising the
21principles on which the Florida Transportation Plan is
22based; amending s. 339.63, F.S.; adding certain existing
23and planned facilities to the list of facilities included
24in the Strategic Intermodal System and the Emerging
25Strategic Intermodal System; amending s. 373.406, F.S.;
26exempting overwater piers, docks, and structures located
27in deepwater ports from stormwater management system
28requirements under specified conditions; amending s.
29373.4133, F.S.; requiring the Department of Environmental
30Protection to approve or deny an application for a port
31conceptual permit within a specified time; providing a
32limitation for the request of additional information from
33an applicant by the department; providing that failure of
34an applicant to respond to such a request within a
35specified time constitutes withdrawal of the application;
36providing that a third party who challenge the issuance of
37a port conceptual permit has the burden of ultimate
38persuasion and the burden of going forward with evidence;
39amending s. 403.813, F.S.; exempting specified seaports
40and inland navigation districts from requirements to
41conduct maintenance dredging under certain conditions;
42excluding ditches, pipes, and similar linear conveyances
43from consideration as receiving waters for the disposal of
44dredged materials; authorizing public ports and inland
45navigation districts to use sovereignty submerged lands in
46connection with maintenance dredging; authorizing the
47disposal of spoil material on specified sites; providing
48an exemption from permitting requirements for sites that
49meet specified criteria; requiring notice to the
50Department of Environmental Protection of intent to use
51the exemption; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Paragraph (d) of subsection (1) of section
5620.23, Florida Statutes, is amended to read:
57     20.23  Department of Transportation.-There is created a
58Department of Transportation which shall be a decentralized
59agency.
60     (1)
61     (d)  The secretary may appoint up to three assistant
62secretaries who shall be directly responsible to the secretary
63and who shall perform such duties as are assigned by the
64secretary. The secretary shall designate to an assistant
65secretary the duties related to enhancing economic prosperity,
66including, but not limited to, the responsibility of liaison
67with the head of economic development in the Executive Office of
68the Governor. Such assistant secretary shall be directly
69responsible for providing the Executive Office of the Governor
70with investment opportunities and transportation projects that
71expand the state's role as a global hub for trade and investment
72and enhance the supply chain system in the state to process,
73assemble, and ship goods to markets throughout the eastern
74United States, Canada, the Caribbean, and Latin America. The
75secretary may delegate to any assistant secretary the authority
76to act in the absence of the secretary.
77     Section 2.  Subsection (3) of section 311.09, Florida
78Statutes, is amended to read:
79     311.09  Florida Seaport Transportation and Economic
80Development Council.-
81     (3)  The council shall prepare a 5-year Florida Seaport
82Mission Plan defining the goals and objectives of the council
83concerning the development of port facilities and an intermodal
84transportation system consistent with the goals of the Florida
85Transportation Plan developed pursuant to s. 339.155. The
86Florida Seaport Mission Plan shall include specific
87recommendations for the construction of transportation
88facilities connecting any port to another transportation mode
89and for the efficient, cost-effective development of
90transportation facilities or port facilities for the purpose of
91enhancing international trade, promoting cargo flow, increasing
92cruise passenger movements, increasing port revenues, and
93providing economic benefits to the state. The council shall
94develop a priority list of projects based on these
95recommendations annually and submit the list to the Department
96of Transportation. The council shall update the 5-year Florida
97Seaport Mission Plan annually and shall submit the plan no later
98than February 1 of each year to the President of the Senate; the
99Speaker of the House of Representatives; the Office of Tourism,
100Trade, and Economic Development; the Department of
101Transportation; and the Department of Community Affairs. The
102council shall develop programs, based on an examination of
103existing programs in Florida and other states, for the training
104of minorities and secondary school students in job skills
105associated with employment opportunities in the maritime
106industry, and report on progress and recommendations for further
107action to the President of the Senate and the Speaker of the
108House of Representatives annually.
109     Section 3.  Section 311.14, Florida Statutes, is amended to
110read:
111     311.14  Seaport freight-mobility planning.-
112     (1)  The Florida Seaport Transportation and Economic
113Development Council, in cooperation with the Office of the State
114Public Transportation Administrator within the Department of
115Transportation, shall develop freight-mobility and trade-
116corridor plans to assist in making freight-mobility investments
117that contribute to the economic growth of the state. Such plans
118should enhance the integration and connectivity of the
119transportation system across and between transportation modes
120throughout Florida for people and freight.
121     (2)  The Office of the State Public Transportation
122Administrator shall act to integrate freight-mobility and trade-
123corridor plans into the Florida Transportation Plan developed
124pursuant to s. 339.155 and into the plans and programs of
125metropolitan planning organizations as provided in s. 339.175.
126The office may also provide assistance in expediting the
127transportation permitting process relating to the construction
128of seaport freight-mobility projects located outside the
129physical borders of seaports. The Department of Transportation
130may contract, as provided in s. 334.044, with any port listed in
131s. 311.09(1) or any such other statutorily authorized seaport
132entity to act as an agent in the construction of seaport
133freight-mobility projects.
134     (3)  Each port shall develop a master plan with a 10-year
135horizon. Each plan must include the following:
136     (a)  An economic development component that identifies
137targeted business opportunities for increasing business and
138attracting new business for which a particular facility has a
139strategic advantage over its competitors, identifies financial
140resources and other inducements to encourage growth of existing
141business and acquisition of new business, and provides a
142projected schedule for attainment of the plan's goals.
143     (b)  An infrastructure development and improvement
144component that identifies all projected infrastructure
145improvements within the plan area which require improvement,
146expansion, or development in order for a port to attain a
147strategic advantage for competition with national and
148international competitors.
149     (c)  A component that identifies all intermodal
150transportation facilities, including sea, air, rail, or road
151facilities, which are available or have potential, with
152improvements, to be available for necessary national and
153international commercial linkages and provides a plan for the
154integration of port, airport, and railroad activities with
155existing and planned transportation infrastructure.
156     (d)  A component that identifies physical, environmental,
157and regulatory barriers to achievement of the plan's goals and
158provides recommendations for overcoming those barriers.
159     (e)  An intergovernmental coordination component that
160specifies modes and methods to coordinate plan goals and
161missions with the missions of the Department of Transportation,
162other state agencies, and affected local, general-purpose
163governments.
164
165To the extent feasible, the port master plan must be consistent
166with the local government comprehensive plans of the units of
167local government in which the port is located. Upon approval of
168a plan by the port's board, the plan shall be submitted to the
169Florida Seaport Transportation and Economic Development Council.
170     (4)  The Florida Seaport Transportation and Economic
171Development Council shall review the master plans submitted by
172each port and prioritize strategic needs for inclusion in the
173Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
174     Section 4.  Subsection (1) of section 339.155, Florida
175Statutes, is amended to read:
176     339.155  Transportation planning.-
177     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
178develop and annually update a statewide transportation plan, to
179be known as the Florida Transportation Plan. The plan shall be
180designed so as to be easily read and understood by the general
181public. The plan shall consider the needs of the entire state
182transportation system and examine the use of all modes of
183transportation to effectively and efficiently meet such needs.
184The purpose of the Florida Transportation Plan is to establish
185and define the state's long-range transportation goals and
186objectives to be accomplished over a period of at least 20 years
187within the context of the State Comprehensive Plan, and any
188other statutory mandates and authorizations and based upon the
189prevailing principles of:
190     (a)  Preserving the existing transportation
191infrastructure.;
192     (b)  Enhancing Florida's economic competitiveness.; and
193     (c)  Improving travel choices to ensure mobility.
194     (d)  Expanding the state's role as a hub for trade and
195investment. The Florida Transportation Plan shall consider the
196needs of the entire state transportation system and examine the
197use of all modes of transportation to effectively and
198efficiently meet such needs.
199     Section 5.  Subsection (2) of section 339.63, Florida
200Statutes, is amended to read:
201     339.63  System facilities designated; additions and
202deletions.-
203     (2)  The Strategic Intermodal System and the Emerging
204Strategic Intermodal System include four three different types
205of facilities that each form one component of an interconnected
206transportation system which types include:
207     (a)  Existing or planned hubs that are ports and terminals
208including airports, seaports, spaceports, passenger terminals,
209and rail terminals serving to move goods or people between
210Florida regions or between Florida and other markets in the
211United States and the rest of the world.;
212     (b)  Existing or planned corridors that are highways, rail
213lines, waterways, and other exclusive-use facilities connecting
214major markets within Florida or between Florida and other states
215or nations.; and
216     (c)  Existing or planned intermodal connectors that are
217highways, rail lines, waterways or local public transit systems
218serving as connectors between the components listed in
219paragraphs (a) and (b).
220     (d)  Existing or planned facilities that significantly
221improve the state's competitive position to compete for the
222movement of additional goods into and through this state.
223     Section 6.  Subsection (12) is added to section 373.406,
224Florida Statutes, to read:
225     373.406  Exemptions.-The following exemptions shall apply:
226     (12)  An overwater pier, dock, or a similar structure
227located in a deepwater port listed in s. 311.09 is not
228considered to be part of a stormwater management system for
229which this chapter or chapter 403 requires stormwater from
230impervious surfaces to be treated if:
231     (a)  The port has a stormwater pollution prevention plan
232for industrial activities pursuant to the National Pollutant
233Discharge Elimination System Program; and
234     (b)  The stormwater pollution prevention plan also provides
235similar pollution prevention measures for other activities that
236are not subject to the National Pollutant Discharge Elimination
237System Program and that occur on the port's overwater piers,
238docks, and similar structures.
239     Section 7.  Paragraph (a) of subsection (8) of section
240373.4133, Florida Statutes, is amended to read:
241     373.4133  Port conceptual permits.-
242     (8)  Except as otherwise provided in this section, the
243following procedures apply to the approval or denial of an
244application for a port conceptual permit or a final permit or
245authorization:
246     (a)  Applications for a port conceptual permit, including
247any request for the conceptual approval of the use of
248sovereignty submerged lands, shall be processed in accordance
249with the provisions of ss. 373.427 and 120.60, with the
250following exceptions:.
251     1.  An application for a port conceptual permit, and any
252applications for subsequent construction contained in a port
253conceptual permit, must be approved or denied within 60 days
254after receipt of a completed application.
255     2.  The department may request additional information no
256more than twice, unless the applicant waives this limitation in
257writing. If the applicant does not provide a response to the
258second request for additional information within 90 days or
259another time period mutually agreed upon between the applicant
260and department, the application shall be considered withdrawn.
261However,
262     3.  If the applicant believes that any request for
263additional information is not authorized by law or agency rule,
264the applicant may request an informal hearing pursuant to s.
265120.57(2) before the Secretary of Environmental Protection to
266determine whether the application is complete.
267     4.  If a third party petitions to challenge the issuance of
268a port conceptual permit by the department, the petitioner
269initiating the action has the burden of ultimate persuasion and,
270in the first instance, has the burden of going forward with the
271evidence.
272     Section 8.  Subsection (3) of section 403.813, Florida
273Statutes, is amended to read:
274     403.813  Permits issued at district centers; exceptions.-
275     (3)  A permit is not required under this chapter, chapter
276373, chapter 61-691, Laws of Florida, or chapter 25214 or
277chapter 25270, 1949, Laws of Florida, for maintenance dredging
278conducted under this section by the seaports of Jacksonville,
279Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
280Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
281Pensacola, Key West, and Fernandina or by inland navigation
282districts if the dredging to be performed is no more than is
283necessary to restore previously dredged areas to original design
284specifications or configurations, previously undisturbed natural
285areas are not significantly impacted, and the work conducted
286does not violate the protections for manatees under s.
287379.2431(2)(d). In addition:
288     (a)  A mixing zone for turbidity is granted within a 150-
289meter radius from the point of dredging while dredging is
290ongoing, except that the mixing zone may not extend into areas
291supporting wetland communities, submerged aquatic vegetation, or
292hardbottom communities.
293     (b)  The discharge of the return water from the site used
294for the disposal of dredged material shall be allowed only if
295such discharge does not result in a violation of water quality
296standards in the receiving waters. The return-water discharge
297into receiving waters shall be granted a mixing zone for
298turbidity within a 150-meter radius from the point of discharge
299into the receiving waters during and immediately after the
300dredging, except that the mixing zone may not extend into areas
301supporting wetland communities, submerged aquatic vegetation, or
302hardbottom communities. Ditches, pipes, and similar types of
303linear conveyances may not be considered receiving waters for
304the purposes of this paragraph.
305     (c)  The state may not exact a charge for material that
306this subsection allows a public port or an inland navigation
307district to remove. In addition, consent to use any sovereignty
308submerged lands pursuant to this section is hereby granted.
309     (d)  The use of flocculants at the site used for disposal
310of the dredged material is allowed if the use, including
311supporting documentation, is coordinated in advance with the
312department and the department has determined that the use is not
313harmful to water resources.
314     (e)  The spoil material from maintenance dredging may be
315deposited in a self-contained, upland disposal site. The site is
316not required to be permitted if:
317     1.  The site exists as of January 1, 2011;
318     2.  A professional engineer certifies that the site has
319been designed in accordance with generally accepted engineering
320standards for such disposal sites;
321     3.  The site has adequate capacity to receive and retain
322the dredged material; and
323     4.  The site has operating and maintenance procedures
324established that allow for discharge of return flow of water and
325to prevent the escape of the spoil material into the waters of
326the state.
327     (f)  The department must be notified at least 30 days
328before the commencement of maintenance dredging. The notice
329shall include, if applicable, the professional engineer
330certification required by paragraph (e).
331     (g)(e)  This subsection does not prohibit maintenance
332dredging of areas where the loss of original design function and
333constructed configuration has been caused by a storm event,
334provided that the dredging is performed as soon as practical
335after the storm event. Maintenance dredging that commences
336within 3 years after the storm event shall be presumed to
337satisfy this provision. If more than 3 years are needed to
338commence the maintenance dredging after the storm event, a
339request for a specific time extension to perform the maintenance
340dredging shall be submitted to the department, prior to the end
341of the 3-year period, accompanied by a statement, including
342supporting documentation, demonstrating that contractors are not
343available or that additional time is needed to obtain
344authorization for the maintenance dredging from the United
345States Army Corps of Engineers.
346     Section 9.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.