Florida Senate - 2011                              CS for SB 768
       
       
       
       By the Committee on Commerce and Tourism; and Senator Ring
       
       
       
       
       577-02567-11                                           2011768c1
    1                        A bill to be entitled                      
    2         An act relating to seaports; creating s. 311.23, F.S.;
    3         establishing the Florida seaport infrastructure bank
    4         within the Florida Seaport Transportation and Economic
    5         Development Program to provide loans and credit
    6         enhancements to certain deepwater seaports and private
    7         entities for specified projects; amending s. 320.20,
    8         F.S.; revising provisions for the repayment of bonds
    9         relating to the Florida Seaport Transportation and
   10         Economic Development Program; providing for certain
   11         revenue bonds and other indebtedness relating to the
   12         program to be issued by the Florida Ports Financing
   13         Commission; amending s. 373.406, F.S.; exempting
   14         overwater piers, docks, and structures located in
   15         deepwater ports from stormwater management system
   16         requirements under specified conditions; amending s.
   17         373.4133, F.S.; requiring the Department of
   18         Environmental Protection to issue a notice of intent
   19         for a port conceptual permit within a specified time;
   20         providing that a notice of intent to issue such permit
   21         creates a rebuttable presumption of compliance with
   22         specified standards and authorization; providing a
   23         standard for overcoming such a presumption; requiring
   24         the department to issue certain permits within a
   25         specified time and to notify specified entities of
   26         certain compliance; amending s. 403.813, F.S.;
   27         exempting specified seaports and inland navigation
   28         districts from requirements to conduct maintenance
   29         dredging under certain circumstances; providing that
   30         ditches, pipes, and similar linear conveyances are not
   31         receiving waters; authorizing public ports and inland
   32         navigation districts to use sovereignty submerged
   33         lands in connection with maintenance dredging;
   34         authorizing spoil material to be disposed on a self
   35         contained, upland spoil site that will prevent the
   36         escape of spoil material into the waters of the state;
   37         providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 311.23, Florida Statutes, is created to
   42  read:
   43         311.23 Florida seaport infrastructure bank.—
   44         (1) There is created within the Florida Seaport
   45  Transportation and Economic Development Program an
   46  infrastructure bank for the purpose of providing loans and
   47  credit enhancements to deepwater seaports listed in s. 311.09
   48  and private entities operating in such seaports for use in
   49  constructing and improving port transportation and port
   50  facilities projects that improve the movement and intermodal
   51  transportation of cargo and passengers in commerce and trade.
   52         (2) The bank may lend capital costs or provide credit
   53  enhancements for:
   54         (a) Port transportation or port facilities projects that:
   55         1. Are approved pursuant to s. 311.09.
   56         2. Are on the State Intermodal System.
   57         3. Provide intermodal connectivity with airports, roadways,
   58  rail facilities, and other transportation terminals, pursuant to
   59  s. 341.053, for the movement of people and goods.
   60         (b)1. Emergency loans for damages incurred to deepwater
   61  seaports listed in s. 311.09 which are within an area that is
   62  part of an official state declaration of emergency pursuant to
   63  chapter 252 and all other applicable laws. Such loans:
   64         a. May not exceed 24 months in duration except in extreme
   65  circumstances, for which the chair of the Florida Seaport
   66  Transportation and Economic Development Council may grant up to
   67  36 months upon making written findings specifying the conditions
   68  requiring a 36-month term.
   69         b. Require application from the recipient to the council
   70  which includes documentation of damage claims filed with the
   71  Federal Emergency Management Agency or an applicable insurance
   72  carrier and documentation of the recipient’s overall financial
   73  condition.
   74         2. Loans provided under this paragraph must be repaid upon
   75  receipt by the recipient of eligible program funding for damages
   76  in accordance with the claims filed with the Federal Emergency
   77  Management Agency or an applicable insurance carrier, but no
   78  later than the duration of the loan.
   79         (3) Loans from the bank may be subordinated to senior
   80  project debt that has an investment grade rating of “BBB” or
   81  higher.
   82         (4) Loans from the bank may bear interest at or below
   83  market interest rates, as determined by the council. Repayment
   84  of any loan shall commence not later than 5 years after the
   85  project has been completed, except for loans provided under
   86  paragraph (2)(b), which shall be repaid within 36 months.
   87         (5) To be eligible for consideration, projects must be
   88  approved as eligible for funding by the council pursuant to s.
   89  311.09 and must provide a dedicated repayment source to ensure
   90  the loan is repaid to the bank.
   91         (6) In addition to the requirements of s. 311.09, the
   92  council may consider, but is not limited to, the following
   93  criteria for evaluation of projects for assistance from the
   94  bank:
   95         (a) The credit worthiness of the project.
   96         (b) The likelihood that assistance would enable the project
   97  to proceed at an earlier date than would otherwise be possible.
   98         (c) The extent to which assistance would foster innovative
   99  public-private partnerships and attract private debt or equity
  100  investment.
  101         (d) The amount of the proposed assistance as a percentage
  102  of the overall project costs with emphasis on local and private
  103  participation.
  104         (e) The extent to which damage from a disaster that results
  105  in a declaration of emergency has impacted a deepwater seaport’s
  106  ability to maintain its previous level of service and remain
  107  accessible to the public or has had a major impact on the cash
  108  flow or revenue-generation ability of the facility.
  109         (7) The council may adopt rules to implement the seaport
  110  infrastructure bank.
  111         (8) The council may use any available funds appropriated by
  112  the Legislature pursuant to s. 311.07 or s. 320.20 for the
  113  purposes of the seaport infrastructure bank.
  114         Section 2. Subsections (3) and (4) of section 320.20,
  115  Florida Statutes, are amended to read:
  116         320.20 Disposition of license tax moneys.—The revenue
  117  derived from the registration of motor vehicles, including any
  118  delinquent fees and excluding those revenues collected and
  119  distributed under the provisions of s. 320.081, must be
  120  distributed monthly, as collected, as follows:
  121         (3) Notwithstanding any other provision of law except
  122  subsections (1) and (2), on July 1, 1996, and annually
  123  thereafter, $15 million shall be deposited in the State
  124  Transportation Trust Fund solely for the purposes of funding the
  125  Florida Seaport Transportation and Economic Development Program
  126  as provided for in chapter 311. Such revenues shall be
  127  distributed on a 50-50 matching basis to any port listed in s.
  128  311.09(1) to be used for funding projects as described in s.
  129  311.07(3)(b). Such revenues may be assigned, pledged, or set
  130  aside as a trust for the payment of principal or interest on
  131  bonds, tax anticipation certificates, or any other form of
  132  indebtedness issued by an individual port or appropriate local
  133  government having jurisdiction thereof, or collectively by
  134  interlocal agreement among any of the ports, or used to purchase
  135  credit support to permit such borrowings. However, such debt
  136  shall not constitute a general obligation of the State of
  137  Florida. The state does hereby covenant with holders of such
  138  revenue bonds or other instruments of indebtedness issued
  139  hereunder that it will not repeal or impair or amend in any
  140  manner which will materially and adversely affect the rights of
  141  such holders so long as bonds authorized by this section are
  142  outstanding. Any revenues which are not pledged to the repayment
  143  of bonds as authorized by this section may be utilized for
  144  purposes authorized under the Florida Seaport Transportation and
  145  Economic Development Program. This revenue source is in addition
  146  to any amounts provided for and appropriated in accordance with
  147  s. 311.07. The Florida Seaport Transportation and Economic
  148  Development Council shall approve distribution of funds to ports
  149  for projects which have been approved pursuant to s. 311.09(5)
  150  (9). The council and the Department of Transportation are
  151  authorized to perform such acts as are required to facilitate
  152  and implement the provisions of this subsection. To better
  153  enable the ports to cooperate to their mutual advantage, the
  154  governing body of each port may exercise powers provided to
  155  municipalities or counties in s. 163.01(7)(d) subject to the
  156  provisions of chapter 311 and special acts, if any, pertaining
  157  to a port. The use of funds provided pursuant to this subsection
  158  are limited to eligible projects listed in this subsection.
  159  Income derived from a project completed with the use of program
  160  funds, beyond operating costs and debt service, shall be
  161  restricted to further port capital improvements consistent with
  162  maritime purposes and for no other purpose. Use of such income
  163  for nonmaritime purposes is prohibited. The provisions of s.
  164  311.07(4) do not apply to any funds received pursuant to this
  165  subsection. The revenues available under this subsection shall
  166  not be pledged to the payment of any bonds other than the
  167  Florida Ports Financing Commission Series 1996 and Series 1999
  168  Bonds currently outstanding; provided, however, such revenues
  169  may be pledged to secure payment of refunding bonds to refinance
  170  the Florida Ports Financing Commission Series 1996 and Series
  171  1999 Bonds. No refunding bonds secured by revenues available
  172  under this subsection may be issued with a final maturity later
  173  than the final maturity of the Florida Ports Financing
  174  Commission Series 1996 and Series 1999 Bonds or which provide
  175  for higher debt service in any year than is currently payable on
  176  such bonds. Any revenue bonds or other indebtedness issued after
  177  July 1, 2011 2000, other than refunding bonds shall be issued by
  178  the Florida Ports Financing Commission in such a manner as to
  179  ensure that the greatest amount of revenue is available for
  180  eligible ports projects. The commission may consult with the
  181  Division of Bond Finance relating to the issuance of any revenue
  182  bonds at the request of the Department of Transportation
  183  pursuant to the State Bond Act.
  184         (4) Notwithstanding any other provision of law except
  185  subsections (1), (2), and (3), on July 1, 1999, and annually
  186  thereafter, $10 million shall be deposited in the State
  187  Transportation Trust Fund solely for the purposes of funding the
  188  Florida Seaport Transportation and Economic Development Program
  189  as provided in chapter 311 and for funding seaport intermodal
  190  access projects of statewide significance as provided in s.
  191  341.053. Such revenues shall be distributed to any port listed
  192  in s. 311.09(1), to be used for funding projects as follows:
  193         (a) For any seaport intermodal access projects that are
  194  identified in the 1997-1998 Tentative Work Program of the
  195  Department of Transportation, up to the amounts needed to offset
  196  the funding requirements of this section.
  197         (b) For seaport intermodal access projects as described in
  198  s. 341.053(5) that are identified in the 5-year Florida Seaport
  199  Mission Plan as provided in s. 311.09(3). Funding for such
  200  projects shall be on a matching basis as mutually determined by
  201  the Florida Seaport Transportation and Economic Development
  202  Council and the Department of Transportation, provided a minimum
  203  of 25 percent of total project funds shall come from any port
  204  funds, local funds, private funds, or specifically earmarked
  205  federal funds.
  206         (c) On a 50-50 matching basis for projects as described in
  207  s. 311.07(3)(b).
  208         (d) For seaport intermodal access projects that involve the
  209  dredging or deepening of channels, turning basins, or harbors;
  210  or the rehabilitation of wharves, docks, or similar structures.
  211  Funding for such projects shall require a 25 percent match of
  212  the funds received pursuant to this subsection. Matching funds
  213  shall come from any port funds, federal funds, local funds, or
  214  private funds.
  215  
  216  Such revenues may be assigned, pledged, or set aside as a trust
  217  for the payment of principal or interest on bonds, tax
  218  anticipation certificates, or any other form of indebtedness
  219  issued by an individual port or appropriate local government
  220  having jurisdiction thereof, or collectively by interlocal
  221  agreement among any of the ports, or used to purchase credit
  222  support to permit such borrowings. However, such debt shall not
  223  constitute a general obligation of the state. This state does
  224  hereby covenant with holders of such revenue bonds or other
  225  instruments of indebtedness issued hereunder that it will not
  226  repeal or impair or amend this subsection in any manner which
  227  will materially and adversely affect the rights of holders so
  228  long as bonds authorized by this subsection are outstanding. Any
  229  revenues that are not pledged to the repayment of bonds as
  230  authorized by this section may be utilized for purposes
  231  authorized under the Florida Seaport Transportation and Economic
  232  Development Program. This revenue source is in addition to any
  233  amounts provided for and appropriated in accordance with s.
  234  311.07 and subsection (3). The Florida Seaport Transportation
  235  and Economic Development Council shall approve distribution of
  236  funds to ports for projects that have been approved pursuant to
  237  s. 311.09(5)-(9), or for seaport intermodal access projects
  238  identified in the 5-year Florida Seaport Mission Plan as
  239  provided in s. 311.09(3) and mutually agreed upon by the FSTED
  240  Council and the Department of Transportation. All contracts for
  241  actual construction of projects authorized by this subsection
  242  must include a provision encouraging employment of participants
  243  in the welfare transition program. The goal for employment of
  244  participants in the welfare transition program is 25 percent of
  245  all new employees employed specifically for the project, unless
  246  the Department of Transportation and the Florida Seaport
  247  Transportation and Economic Development Council demonstrate that
  248  such a requirement would severely hamper the successful
  249  completion of the project. In such an instance, Workforce
  250  Florida, Inc., shall establish an appropriate percentage of
  251  employees that must be participants in the welfare transition
  252  program. The council and the Department of Transportation are
  253  authorized to perform such acts as are required to facilitate
  254  and implement the provisions of this subsection. To better
  255  enable the ports to cooperate to their mutual advantage, the
  256  governing body of each port may exercise powers provided to
  257  municipalities or counties in s. 163.01(7)(d) subject to the
  258  provisions of chapter 311 and special acts, if any, pertaining
  259  to a port. The use of funds provided pursuant to this subsection
  260  is limited to eligible projects listed in this subsection. The
  261  provisions of s. 311.07(4) do not apply to any funds received
  262  pursuant to this subsection. The revenues available under this
  263  subsection shall not be pledged to the payment of any bonds
  264  other than the Florida Ports Financing Commission Series 1996
  265  and Series 1999 Bonds currently outstanding; provided, however,
  266  such revenues may be pledged to secure payment of refunding
  267  bonds to refinance the Florida Ports Financing Commission Series
  268  1996 and Series 1999 Bonds. No refunding bonds secured by
  269  revenues available under this subsection may be issued with a
  270  final maturity later than the final maturity of the Florida
  271  Ports Financing Commission Series 1996 and Series 1999 Bonds or
  272  which provide for higher debt service in any year than is
  273  currently payable on such bonds. Any revenue bonds or other
  274  indebtedness issued after July 1, 2011 2000, other than
  275  refunding bonds shall be issued by the Florida Ports Financing
  276  Commission in such a manner as to ensure that the greatest
  277  amount of revenue is available for eligible ports projects. The
  278  commission may consult with the Division of Bond Finance
  279  relating to the issuance of any revenue bonds at the request of
  280  the Department of Transportation pursuant to the State Bond Act.
  281         Section 3. Subsection (12) is added to section 373.406,
  282  Florida Statutes, to read:
  283         373.406 Exemptions.—The following exemptions shall apply:
  284         (12) All overwater piers, docks, and similar structures
  285  located in a deepwater port listed in s. 311.09 are not part of
  286  a stormwater management system and are not impervious under this
  287  chapter or chapter 403 if the port has a Stormwater Pollution
  288  Prevention Plan pursuant to the National Pollutant Discharge
  289  Elimination System Program.
  290         Section 4. Subsection (8) of section 373.4133, Florida
  291  Statutes, is amended to read:
  292         373.4133 Port conceptual permits.—
  293         (8) Except as otherwise provided in this section, the
  294  following procedures apply to the approval or denial of an
  295  application for a port conceptual permit or a final permit or
  296  authorization:
  297         (a) Applications for a port conceptual permit, including
  298  any request for the conceptual approval of the use of
  299  sovereignty submerged lands, shall be processed in accordance
  300  with the provisions of ss. 373.427 and 120.60. However, if the
  301  applicant believes that any request for additional information
  302  is not authorized by law or agency rule, the applicant may
  303  request an informal hearing pursuant to s. 120.57(2) before the
  304  Secretary of Environmental Protection to determine whether the
  305  application is complete.
  306         (b) Notwithstanding any other provision of law, the
  307  department shall issue a notice of intent within 30 days after
  308  receipt of an application for a port conceptual permit. Upon
  309  issuance of the department’s notice of intent to issue or deny a
  310  port conceptual permit, the applicant shall publish a one-time
  311  notice of such intent, prepared by the department, in the
  312  newspaper with the largest general circulation in the county or
  313  counties where the port is located.
  314         (c) A notice of intent to issue a port conceptual permit
  315  creates a rebuttable presumption that development of the port or
  316  private facilities consistent with the approved port master plan
  317  complies with all applicable standards for issuance of a
  318  conceptual permit, an environmental resource permit, and
  319  sovereign lands authorization pursuant to chapters 161, 253,
  320  373, and 403. The presumption may be overcome only by clear and
  321  convincing evidence.
  322         (d) Upon issuance and finalization of a port conceptual
  323  permit, and, if necessary, an environmental resource permit or
  324  sovereign lands authorization pursuant to this section, the
  325  department shall notify the United States Army Corps of
  326  Engineers that the applicant is in compliance with all state
  327  water quality and regulatory requirements and shall issue any
  328  requested construction permit within 30 days after receipt of
  329  the request.
  330         (e)(c) Final agency action on a port conceptual permit is
  331  subject to challenge pursuant to ss. 120.569 and 120.57.
  332  However, final agency action to authorize subsequent
  333  construction of facilities contained in a port conceptual permit
  334  may only be challenged by a third party for consistency with the
  335  port conceptual permit.
  336         (f)(d) A person who will be substantially affected by a
  337  final agency action described in paragraph (e) (c) must initiate
  338  administrative proceedings pursuant to ss. 120.569 and 120.57
  339  within 21 days after the publication of the notice of the
  340  proposed action. If administrative proceedings are requested,
  341  the proceedings are subject to the summary hearing provisions of
  342  s. 120.574. However, if the decision of the administrative law
  343  judge will be a recommended order rather than a final order, a
  344  summary proceeding must be conducted within 90 days after a
  345  party files a motion for summary hearing, regardless of whether
  346  the parties agree to the summary proceeding.
  347         Section 5. Subsection (3) of section 403.813, Florida
  348  Statutes, is amended to read:
  349         403.813 Permits issued at district centers; exceptions.—
  350         (3) A permit is not required under this chapter, chapter
  351  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  352  chapter 25270, 1949, Laws of Florida, for maintenance dredging
  353  conducted under this section by the seaports of Jacksonville,
  354  Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
  355  Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
  356  Pensacola, Key West, and Fernandina or by inland navigation
  357  districts, if the dredging is no more than is necessary to meet
  358  the original design specifications or configurations and
  359  previously undisturbed natural areas are not significantly
  360  impacted, and if the work conducted does not violate the
  361  protections for manatees under s. 379.2431(2)(d). In addition:
  362         (a) A mixing zone for turbidity is granted within a 150
  363  meter radius from the point of dredging while dredging is
  364  ongoing, except that the mixing zone may not extend into areas
  365  supporting wetland communities, submerged aquatic vegetation, or
  366  hardbottom communities.
  367         (b) The discharge of the return water from the site used
  368  for the disposal of dredged material shall be allowed only if
  369  such discharge does not result in a violation of water quality
  370  standards in the receiving waters. The return-water discharge
  371  into receiving waters shall be granted a mixing zone for
  372  turbidity within a 150-meter radius from the point of discharge
  373  into the receiving waters during and immediately after the
  374  dredging, except that the mixing zone may not extend into areas
  375  supporting wetland communities, submerged aquatic vegetation, or
  376  hardbottom communities. Ditches, pipes, and similar types of
  377  linear conveyances are not considered receiving waters for the
  378  purposes of this paragraph.
  379         (c) The state may not exact a charge for material that this
  380  subsection allows a public port or an inland navigation district
  381  to remove. In addition, consent to use any sovereignty submerged
  382  lands pursuant to this section is hereby granted.
  383         (d) The use of flocculants at the site used for disposal of
  384  the dredged material is allowed if the use, including supporting
  385  documentation, is coordinated in advance with the department and
  386  the department has determined that the use is not harmful to
  387  water resources.
  388         (e) The spoil material from the maintenance dredging may be
  389  deposited on an unpermitted, self-contained, upland spoil site
  390  that will prevent the escape of the spoil material into the
  391  waters of the state.
  392         (f)(e) This subsection does not prohibit maintenance
  393  dredging of areas where the loss of original design function and
  394  constructed configuration has been caused by a storm event,
  395  provided that the dredging is performed as soon as practical
  396  after the storm event. Maintenance dredging that commences
  397  within 3 years after the storm event shall be presumed to
  398  satisfy this provision. If more than 3 years are needed to
  399  commence the maintenance dredging after the storm event, a
  400  request for a specific time extension to perform the maintenance
  401  dredging shall be submitted to the department, prior to the end
  402  of the 3-year period, accompanied by a statement, including
  403  supporting documentation, demonstrating that contractors are not
  404  available or that additional time is needed to obtain
  405  authorization for the maintenance dredging from the United
  406  States Army Corps of Engineers.
  407         Section 6. This act shall take effect July 1, 2011.