Senate Bill sb0972c1

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    Florida Senate - 2002                            CS for SB 972

    By the Committee on Transportation; and Senator Brown-Waite





    306-1757-02

  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 measures to the list of

  6         projects eligible for funding by grant under

  7         the Florida Seaport Transportation and Economic

  8         Development Program; exempting certain measures

  9         from matching fund requirements; providing for

10         the reimbursement of state funds under certain

11         conditions; providing for the use of reimbursed

12         funds; providing an effective date.

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

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

17  311.07, Florida Statutes, is amended to read:

18         311.07  Florida seaport transportation and economic

19  development funding.--

20         (3)

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

22  program are limited to the following port facilities or port

23  transportation projects:

24         1.  Transportation facilities within the jurisdiction

25  of the port.

26         2.  The dredging or deepening of channels, turning

27  basins, or harbors.

28         3.  The construction or rehabilitation of wharves,

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

30  terminals, automated people mover systems, or any facilities

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

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    Florida Senate - 2002                            CS for SB 972
    306-1757-02




  1         4.  The acquisition of container cranes or other

  2  mechanized equipment used in the movement of cargo or

  3  passengers in international commerce.

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

  5  purposes.

  6         6.  The acquisition, improvement, enlargement, or

  7  extension of existing port facilities.

  8         7.  Environmental protection projects which are

  9  necessary because of requirements imposed by a state agency as

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

11  are necessary for environmental mitigation required as a

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

13  which are necessary for the acquisition of spoil disposal

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

15  which result from the funding of eligible projects listed in

16  this paragraph herein.

17         8.  Transportation facilities as defined in s.

18  334.03(31) which are not otherwise part of the Department of

19  Transportation's adopted work program.

20         9.  Seaport intermodal access projects identified in

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

22  311.09(3).

23         10.  Construction or rehabilitation of port facilities

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

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

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

27  create economic development opportunities, capital

28  improvements, and positive financial returns to such ports.

29         11.  Seaport security measures.

30         a.  Seaport security measures include the following:

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    Florida Senate - 2002                            CS for SB 972
    306-1757-02




  1         (I)  Infrastructure security measures required by

  2  seaport security plans approved by the Office of Drug Control

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

  4  including security gates, physical barriers, and

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

  6  be used for seaport security monitoring and recording, remote

  7  surveillance systems, concealed recording systems, or other

  8  security infrastructure, technology, vulnerability

  9  assessments, or equipment that contributes to the overall

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

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

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

13  specifically found by the Department of Law Enforcement to be

14  a measure consistent with and supportive of such an approved

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

16  available under s. 311.07(2), s. 320.20(3) or s. 320.20(4).

17  Infrastructure measures required by an approved seaport

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

19  Enforcement to be consistent with and supportive of an

20  approved plan as authorized in this subparagraph are not

21  subject to the matching fund requirements of paragraph (a), s.

22  320.20(3), or s. 320.20(4).

23         (II)  Law enforcement measures mandated by federal,

24  state or local governmental agencies, including the deployment

25  of the Florida National Guard, local law enforcement

26  personnel, seaport security personnel, private-sector security

27  personnel, or any such combination thereof, to provide

28  operational security services at any seaport identified in s.

29  311.09(1). Program funds for such measures may come from funds

30  made available under s. 311.07(2). Law enforcement measures

31  are subject to the matching fund requirements of paragraph

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    Florida Senate - 2002                            CS for SB 972
    306-1757-02




  1  (a), except that any funds provided for the Florida National

  2  Guard shall remain exempt from the matching fund requirements

  3  of paragraph (a) through the period April 30, 2002.

  4         b.  Notwithstanding s. 339.135(7), or any other

  5  provision of law to the contrary, seaports may request the

  6  department to change the purpose of a project in the 2000-2001

  7  and 2001-2002 work programs to a purpose authorized in this

  8  subparagraph.

  9         c.  Additional consideration shall be given to seaports

10  having operating revenues of $14 million or less for

11  operational security and law enforcement measures for grants

12  not to exceed $350,000.

13         d.  This subparagraph expires June 30, 2004.

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15  Any federal funds that are provided for port security

16  infrastructure improvements of which funds seaports in this

17  state are the beneficiaries, shall be allocated consistent

18  with federal requirements and guidelines. Federal funds

19  obtained by a seaport for a specific security infrastructure

20  project, which project has also received state seaport

21  transportation and economic development funds, shall be used

22  to reimburse the state funds received by the seaport under

23  subparagraph 11. for the specific project. These reimbursed

24  funds must be used for projects and measures authorized under

25  subparagraphs 1.-10.

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

27  law.

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    Florida Senate - 2002                            CS for SB 972
    306-1757-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 972

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  4  The CS ties the expenditure of FSTED funds to adopted and
    approved seaport security plans and expands the funding
  5  sources for seaport security measures to include unobligated
    bond revenues.
  6
    The CS authorizes the use of funds for operational security
  7  measures. Specifically, the CS authorizes the use of funds for
    mandated law enforcement measures, including the deployment of
  8  the National Guard, local law enforcement personnel, seaport
    security personnel, or private security personnel.
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    The CS provides that federal reimbursement must be allocated
10  consistent with federal requirements and guidelines. If a
    seaport receives FSTED funding for specific security project,
11  and subsequently receives federal funding for the same
    project, the seaport must reimburse the FSTED program.
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    Finally, the CS provides for the repeal of the FSTED seaport
13  security provisions effective June 30, 2004.

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