The Florida Senate

311.07  Florida seaport transportation and economic development funding.--

(1)  There is created the Florida Seaport Transportation and Economic Development Program within the Department of Transportation to finance port transportation or port facilities projects that will improve the movement and intermodal transportation of cargo or passengers in commerce and trade and that will support the interests, purposes, and requirements of ports located in this state.

(2)  A minimum of $8 million per year shall be made available from the State Transportation Trust Fund to fund the Florida Seaport Transportation and Economic Development Program.

(3)(a)  Program funds shall be used to fund approved projects on a 50-50 matching basis with any of the deepwater ports, as listed in s. 403.021(9)(b), which is governed by a public body or any other deepwater port which is governed by a public body and which complies with the water quality provisions of s. 403.061, the comprehensive master plan requirements of s. 163.3178(2)(k), and the local financial management and reporting provisions of part III of chapter 218. Program funds also may be used by the Seaport Transportation and Economic Development Council to develop with the Florida Trade Data Center such trade data information products which will assist Florida's seaports and international trade.

¹(b)  Projects eligible for funding by grants under the program are limited to the following port facilities or port transportation projects:

1.  Transportation facilities within the jurisdiction of the port.

2.  The dredging or deepening of channels, turning basins, or harbors.

3.  The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, automated people mover systems, or any facilities necessary or useful in connection with any of the foregoing.

4.  The acquisition of vessel tracking systems, container cranes, or other mechanized equipment used in the movement of cargo or passengers in international commerce.

5.  The acquisition of land to be used for port purposes.

6.  The acquisition, improvement, enlargement, or extension of existing port facilities.

7.  Environmental protection projects which are necessary because of requirements imposed by a state agency as a condition of a permit or other form of state approval; which are necessary for environmental mitigation required as a condition of a state, federal, or local environmental permit; which are necessary for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or which result from the funding of eligible projects listed in this paragraph.

8.  Transportation facilities as defined in s. 334.03(31) which are not otherwise part of the Department of Transportation's adopted work program.

9.  Seaport intermodal access projects identified in the 5-year Florida Seaport Mission Plan as provided in s. 311.09(3).

10.  Construction or rehabilitation of port facilities as defined in s. 315.02, excluding any park or recreational facilities, in ports listed in s. 311.09(1) with operating revenues of $5 million or less, provided that such projects create economic development opportunities, capital improvements, and positive financial returns to such ports.

11.  Seaport security measures. Such measures include:

a.  Infrastructure security measures required by seaport security plans approved by the Office of Drug Control and the Department of Law Enforcement under s. 311.12, including security gates, physical barriers, and security-related lighting systems, equipment, or facilities to be used for seaport security monitoring and recording, remote surveillance systems, concealed recording systems, or other security infrastructure, technology, vulnerability assessments, or equipment that contributes to the overall security of the seaport and its facilities as specified in the security plans approved by the Office of Drug Control and the Department of Law Enforcement under s. 311.12 or as otherwise specifically found by the Department of Law Enforcement to be a measure consistent with and supportive of such an approved plan. Program funds for such measures may come from funds made available under subsection (2) and s. 320.20(3) or (4). Infrastructure measures required by an approved seaport security plan or as otherwise found by the Department of Law Enforcement to be consistent with and supportive of an approved plan as authorized in this sub-subparagraph are not subject to the matching fund requirements of paragraph (a) or s. 320.20(3) or (4).

b.  Law enforcement measures mandated by federal, state, or local governmental agencies, including the deployment of the Florida National Guard, local law enforcement personnel, seaport security personnel, private sector security personnel, or any combination thereof to provide operational security services at any seaport identified in s. 311.09(1). Program funds for such measures may come from funds made available under subsection (2). Law enforcement measures are subject to the matching fund requirements of paragraph (a), except that any funds provided for the Florida National Guard shall remain exempt from the matching fund requirements of paragraph (a) through April 30, 2002.

Notwithstanding s. 339.135(7) or any other provision of law to the contrary, seaports may request that the department change the purpose of a project in the 2000-2001 and 2001-2002 work programs to a purpose authorized under this subparagraph. Additional consideration shall be given to seaports having operating revenues of $14 million or less for operational security and law enforcement measures for grants not to exceed $350,000. Any federal funds that are provided for port security infrastructure improvements of which funds seaports in this state are the beneficiaries shall be allocated in a manner consistent with federal requirements and guidelines. Federal funds obtained by a seaport for a specific security infrastructure project, which project has also received state seaport transportation and economic development funds, shall be used to reimburse the state funds received by the seaport under this subparagraph for the specific project. These reimbursement funds must be used for projects and measures authorized under subparagraphs 1.-10. This subparagraph shall expire June 30, 2005.

(c)  To be eligible for consideration by the council pursuant to this section, a project must be consistent with the port comprehensive master plan which is incorporated as part of the approved local government comprehensive plan as required by s. 163.3178(2)(k) or other provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, part II of chapter 163.

(4)  A port eligible for matching funds under the program may receive a distribution of not more than $7 million during any 1 calendar year and a distribution of not more than $30 million during any 5-calendar-year period.

(5)  Any port which receives funding under the program shall institute procedures to ensure that jobs created as a result of the state funding shall be subject to equal opportunity hiring practices in the manner provided in s. 110.112

(6)  The Department of Transportation shall subject any project that receives funds pursuant to this section and s. 320.20 to a final audit. The department may adopt rules and perform such other acts as are necessary or convenient to ensure that the final audits are conducted and that any deficiency or questioned costs noted by the audit are resolved.

History.--s. 65, ch. 90-136; s. 5, ch. 91-429; s. 55, ch. 93-120; s. 20, ch. 94-237; s. 130, ch. 96-320; s. 48, ch. 97-278; s. 5, ch. 97-280; s. 40, ch. 2000-152; s. 3, ch. 2000-266; s. 99, ch. 2001-266; s. 1, ch. 2002-190; s. 51, ch. 2004-269.

¹Note.--

A.  Section 51, ch. 2004-269, amended paragraph (3)(b) "[i]n order to implement Specific Appropriation 1993 of the 2004-2005 General Appropriations Act." Some proviso language relating to this appropriation was vetoed. See ch. 2004-268, the 2004-2005 General Appropriations Act.

B.  Section 75, ch. 2004-269, provides that "[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2004-2005 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed. A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2004-2005 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." Not all portions of specifically identified proviso language relating to the amendment of s. 311.07(3)(b) were vetoed.