Florida Senate - 2021                                     SB 426
       
       
        
       By Senator Boyd
       
       
       
       
       
       21-00757-21                                            2021426__
    1                        A bill to be entitled                      
    2         An act relating to state preemption of seaport
    3         regulations; creating s. 311.25, F.S.; preempting to
    4         the state the regulation of commerce in state
    5         seaports; providing exceptions; providing
    6         construction; providing an effective date.
    7  
    8         WHEREAS, maritime commerce between and among seaports, both
    9  foreign and domestic, is the subject of extensive federal and
   10  state regulation designed to protect the marine environment and
   11  the health, safety, and welfare of the general public and those
   12  involved in conducting that commerce, and
   13         WHEREAS, the economic impact of a seaport extends far
   14  beyond the boundaries of the local jurisdiction in which the
   15  port is located, materially contributing to the economies of
   16  multiple cities and counties within the region and to the
   17  economy of the state as a whole, and
   18         WHEREAS, Florida seaports currently generate nearly 900,000
   19  direct and indirect jobs and contribute $117.6 billion in
   20  economic value to the state through cargo and cruise activities,
   21  accounting for approximately 13 percent of Florida’s gross
   22  domestic product and $4.2 billion in state and local taxes, and
   23         WHEREAS, because Florida is a peninsula, much of the state
   24  is highly dependent upon the unimpeded flow of maritime commerce
   25  through its seaports, which is made even more critical when the
   26  state is threatened or impacted by natural disasters, such as
   27  tropical storms and hurricanes, and
   28         WHEREAS, because of its geographic location, Florida is a
   29  hub for global maritime commerce and is uniquely positioned to
   30  capture an even larger share of this commerce as global trade
   31  routes shift, and
   32         WHEREAS, the international, national, statewide, and
   33  regional importance of Florida seaports has long been recognized
   34  in federal and state law with respect to the regulation,
   35  planning, and public financing of seaport operations and
   36  facilities, and
   37         WHEREAS, allowing each local government in which a Florida
   38  seaport is located to impose its own requirements on the
   39  maritime commerce conducted in that port could result in abrupt
   40  changes in the supply lines bringing goods into and out of this
   41  state, thus disrupting Florida’s economy and threatening the
   42  public’s health, safety, and welfare, and
   43         WHEREAS, allowing each local government in which a Florida
   44  seaport is located to impose its own requirements on the
   45  maritime commerce conducted in that port could reasonably be
   46  expected to suppress such commerce and potentially drive it out
   47  of the port and out of the state in search of a more consistent
   48  and predictable operating environment, thus disrupting Florida’s
   49  economy and threatening the public’s health, safety, and
   50  welfare, and
   51         WHEREAS, allowing each local government in which a Florida
   52  seaport is located to impose its own requirements on the
   53  maritime commerce conducted in that port could result in abrupt
   54  changes in vessel traffic, frustrating the multi-year planning
   55  process for all Florida seaports and the assumptions and
   56  forecasts underlying federal and state financing of port
   57  improvement projects, and
   58         WHEREAS, in light of these negative impacts, federal and
   59  state governments must be relied upon to adopt uniform
   60  regulations governing seaport operations, NOW, THEREFORE,
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 311.25, Florida Statutes, is created to
   65  read:
   66         311.25Regulation of commerce in Florida seaports;
   67  preemption.—
   68         (1)Notwithstanding any other law to the contrary, a local
   69  government may not restrict or regulate commerce in the seaports
   70  of this state, as listed in s. 311.09, including, but not
   71  limited to, regulating or restricting a vessel’s type or size,
   72  source or type of cargo, or number, origin, or nationality of
   73  passengers. All such matters are expressly preempted to the
   74  state.
   75         (2)If not otherwise preempted by federal or state law,
   76  this section does not limit the authority of a port authority or
   77  port district, as defined in s. 315.02, or a port operation as
   78  provided in s. 125.012, to:
   79         (a)Regulate vessel movements within its jurisdiction
   80  pursuant to s. 313.22(1).
   81         (b)Establish fees and compensation for its services
   82  pursuant to s. 313.22(2).
   83         (c)Adopt guidelines for minimum bottom clearance, for the
   84  movement of vessels, and for radio communications of vessel
   85  traffic pursuant to s. 313.23.
   86  
   87  However, an action provided in this subsection may not have the
   88  effect of regulating or restricting a vessel’s type or size,
   89  source or type of cargo, or number, origin, or nationality of
   90  passengers, except as required to ensure safety due to the
   91  physical limitations of channels, berths, anchorages, or other
   92  port facilities.
   93         Section 2. Any provision of a county or municipal charter,
   94  ordinance, resolution, regulation, or policy that is preempted
   95  by this act and that existed before, on, or after the effective
   96  date of this act is void.
   97         Section 3. This act shall take effect upon becoming a law.