House Bill hb0811c1

    Florida House of Representatives - 2002              CS/HB 811

        By the Council for Ready Infrastructure and Committee on
    Security, Select and Representatives Bense, Gelber, Ball,
    Green, Cusack, Cantens, Hart, Machek, Harrell, Goodlette and
    Pickens



  1                      A bill to be entitled

  2         An act relating to Florida seaport

  3         transportation and economic development

  4         funding; amending s. 311.07, F.S.; adding

  5         seaport security infrastructure measures to the

  6         list of projects eligible for funding by grant

  7         under the Florida Seaport Transportation and

  8         Economic Development Program; exempting such

  9         measures from certain matching fund

10         requirements; providing for expiration of such

11         provisions; authorizing seaports to request

12         specified changes in the purpose of work

13         program projects; providing for allocation and

14         use of specified federal funds; providing an

15         effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Paragraph (b) of subsection (3) of section

20  311.07, Florida Statutes, is amended to read:

21         311.07  Florida seaport transportation and economic

22  development funding.--

23         (3)

24         (b)  Projects eligible for funding by grants under the

25  program are limited to the following port facilities or port

26  transportation projects:

27         1.  Transportation facilities within the jurisdiction

28  of the port.

29         2.  The dredging or deepening of channels, turning

30  basins, or harbors.

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  1         3.  The construction or rehabilitation of wharves,

  2  docks, structures, jetties, piers, storage facilities, cruise

  3  terminals, automated people mover systems, or any facilities

  4  necessary or useful in connection with any of the foregoing.

  5         4.  The acquisition of container cranes or other

  6  mechanized equipment used in the movement of cargo or

  7  passengers in international commerce.

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

  9  purposes.

10         6.  The acquisition, improvement, enlargement, or

11  extension of existing port facilities.

12         7.  Environmental protection projects which are

13  necessary because of requirements imposed by a state agency as

14  a condition of a permit or other form of state approval; which

15  are necessary for environmental mitigation required as a

16  condition of a state, federal, or local environmental permit;

17  which are necessary for the acquisition of spoil disposal

18  sites and improvements to existing and future spoil sites; or

19  which result from the funding of eligible projects listed in

20  this paragraph herein.

21         8.  Transportation facilities as defined in s.

22  334.03(31) which are not otherwise part of the Department of

23  Transportation's adopted work program.

24         9.  Seaport intermodal access projects identified in

25  the 5-year Florida Seaport Mission Plan as provided in s.

26  311.09(3).

27         10.  Construction or rehabilitation of port facilities

28  as defined in s. 315.02, excluding any park or recreational

29  facilities, in ports listed in s. 311.09(1) with operating

30  revenues of $5 million or less, provided that such projects

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  1  create economic development opportunities, capital

  2  improvements, and positive financial returns to such ports.

  3         11.  Seaport security measures. Such measures include:

  4         a.  Infrastructure security measures required by

  5  seaport security plans approved by the Office of Drug Control

  6  and the Department of Law Enforcement under s. 311.12,

  7  including security gates, physical barriers, and

  8  security-related lighting systems, equipment, or facilities to

  9  be used for seaport security monitoring and recording, remote

10  surveillance systems, concealed recording systems, or other

11  security infrastructure, technology, vulnerability

12  assessments, or equipment that contributes to the overall

13  security of the seaport and its facilities as specified in the

14  security plans approved by the Office of Drug Control and the

15  Department of Law Enforcement under s. 311.12 or as otherwise

16  specifically found by the Department of Law Enforcement to be

17  a measure consistent with and supportive of such an approved

18  plan. Program funds for such measures may come from funds made

19  available under subsection (2) and s. 320.20(3) or (4).

20  Infrastructure measures required by an approved seaport

21  security plan or as otherwise found by the Department of Law

22  Enforcement to be consistent with and supportive of an

23  approved plan as authorized in this sub-subparagraph are not

24  subject to the matching fund requirements of paragraph (a) or

25  s. 320.20(3) or (4).

26         b.  Law enforcement measures mandated by federal,

27  state, or local governmental agencies, including the

28  deployment of the Florida National Guard, local law

29  enforcement personnel, seaport security personnel, private

30  sector security personnel, or any combination thereof to

31  provide operational security services at any seaport

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  1  identified in s. 311.09(1). Program funds for such measures

  2  may come from funds made available under subsection (2). Law

  3  enforcement measures are subject to the matching fund

  4  requirements of paragraph (a), except that any funds provided

  5  for the Florida National Guard shall remain exempt from the

  6  matching fund requirements of paragraph (a) through April 30,

  7  2002.

  8

  9  Notwithstanding s. 339.135(7) or any other provision of law to

10  the contrary, seaports may request that the department change

11  the purpose of a project in the 2000-2001 and 2001-2002 work

12  programs to a purpose authorized under this subparagraph.

13  Additional consideration shall be given to seaports having

14  operating revenues of $14 million or less for operational

15  security and law enforcement measures for grants not to exceed

16  $350,000. Any federal funds that are provided for port

17  security infrastructure improvements of which funds seaports

18  in this state are the beneficiaries shall be allocated in a

19  manner consistent with federal requirements and guidelines.

20  Federal funds obtained by a seaport for a specific security

21  infrastructure project, which project has also received state

22  seaport transportation and economic development funds, shall

23  be used to reimburse the state funds received by the seaport

24  under this subparagraph for the specific project. These

25  reimbursement funds must be used for projects and measures

26  authorized under subparagraphs 1.-10. This subparagraph shall

27  expire June 30, 2004.

28         Section 2.  This act shall take effect upon becoming a

29  law.

30

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