HB 963

1	A bill to be entitled
2	An act relating to seaports; amending s. 288.063, F.S.,
3	relating to contracts for transportation projects
4	administered by the Office of Tourism, Trade, and Economic
5	Development; revising the definition of "transportation
6	project" to include specified seaport projects; creating
7	s. 288.0635, F.S.; providing legislative findings, state
8	policy, and economic development strategies relating to
9	seaport commerce; providing requirements for the Office of
10	Tourism, Trade, and Economic Development and Enterprise
11	Florida, Inc., relating to such economic strategies;
12	amending s. 311.105, F.S.; authorizing ports to request a
13	notice of intent to issue certain permits from the
14	Department of Environmental Protection; requiring the
15	department to issue such notice within a specified time;
16	providing that issuance of such notice creates a
17	rebuttable presumption of compliance with specified
18	standards and authorizations; providing a standard for
19	overcoming such a presumption; requiring the department to
20	issue certain permits within a specified time and to
21	notify specified entities of certain compliance; amending
22	s. 311.09, F.S.; requiring the Florida Seaport
23	Transportation and Economic Development Council to submit
24	certain information to the Department of Transportation
25	for inclusion in its annual legislative budget request;
26	requiring the council to allocate funds to seaports for
27	specified projects contingent upon appropriation; amending
28	s. 403.061, F.S.; removing the requirement to enter into
29	memoranda of agreement with the Florida Ports Council from
30	the authority granted to the Department of Environmental
31	Protection to provide supplemental permitting processes
32	for the issuance of certain permits; providing an
33	effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Subsection (3) of section 288.063, Florida
38	Statutes, is amended to read:
39	288.063  Contracts for transportation projects.-
40	(3)  With respect to any contract executed pursuant to this
41	section, the term "transportation project" means a
42	transportation facility as defined in s. 334.03(31), or any
43	project as defined in s. 311.07(3), which is necessary in the
44	judgment of the Office of Tourism, Trade, and Economic
45	Development to facilitate the economic development and growth of
46	the state. Except for applications received prior to July 1,
47	1996, such transportation projects shall be approved only as a
48	consideration to attract new employment opportunities to the
49	state or expand or retain employment in existing companies
50	operating within the state, or to allow for the construction or
51	expansion of a state or federal correctional facility in a
52	county with a population of 75,000 or less that creates new
53	employment opportunities or expands or retains employment in the
54	county. The Office of Tourism, Trade, and Economic Development
55	shall institute procedures to ensure that small and minority
56	businesses have equal access to funding provided under this
57	section. Funding for approved transportation projects may
58	include any expenses, other than administrative costs and
59	equipment purchases specified in the contract, necessary for
60	new, or improvement to existing, transportation facilities.
61	Funds made available pursuant to this section may not be
62	expended in connection with the relocation of a business from
63	one community to another community in this state unless the
64	Office of Tourism, Trade, and Economic Development determines
65	that without such relocation the business will move outside this
66	state or determines that the business has a compelling economic
67	rationale for the relocation which creates additional jobs.
68	Subject to appropriation for projects under this section, any
69	appropriation greater than $10 million shall be allocated to
70	each of the districts of the Department of Transportation to
71	ensure equitable geographical distribution. Such allocated funds
72	that remain uncommitted by the third quarter of the fiscal year
73	shall be reallocated among the districts based on pending
74	project requests.
75	Section 2.  Section 288.0635, Florida Statutes, is created
76	to read:
77	288.0635  Seaport commerce; legislative finding and policy;
78	economic development strategy.-The Legislature finds that
79	seaport commerce is the economic foundation for the promotion,
80	enhancement, and development of the tourism, agriculture,
81	manufacturing, transportation, and construction sectors in this
82	state. It is the policy of this state to ensure that state
83	economic development and transportation infrastructure
84	strategies and programs provide incentives and resources to
85	attract and preserve entities engaged in the movement of goods
86	between seaports in this state and seaports in international
87	markets and between seaports in this state and other domestic
88	seaports of the United States. The Office of Tourism, Trade, and
89	Economic Development and Enterprise Florida, Inc., shall ensure
90	that seaport commerce is designated as a target industry and
91	that all available resources and incentives are provided to
92	attract and preserve this industry. Enterprise Florida, Inc.,
93	shall include in its annual report, required pursuant to s.
94	288.906, a description and evaluation of state efforts to
95	attract and preserve entities engaged in the movement of goods
96	between seaports in this state and seaports in international
97	markets and between seaports in this state and other domestic
98	seaports of the United States.
99	Section 3.  Subsection (7) is added to section 311.105,
100	Florida Statutes, to read:
101	311.105  Florida Seaport Environmental Management
102	Committee; permitting; mitigation.-
103	(7)  Any port listed in s. 403.021(9)(b) may request a
104	notice of intent to issue a conceptual joint coastal permit
105	pursuant to s. 161.055 or an environmental resource permit
106	pursuant to part IV of chapter 373 and, if required, a sovereign
107	submerged lands authorization from the department for all or a
108	portion of facilities identified within a comprehensive port
109	master plan approved as part of a local government comprehensive
110	plan coastal management element pursuant to s. 163.3178. The
111	department shall issue the notice of intent within 30 days after
112	receipt of the request. The issuance of such notice shall create
113	a rebuttable presumption that development of the port facilities
114	identified in the approved comprehensive port master plan
115	complies with all applicable standards for issuance of a
116	conceptual permit, an environmental resource permit, and
117	sovereign lands authorization pursuant to chapters 161, 253,
118	373, and 403. The presumption may be overcome only by clear and
119	convincing evidence. Once a conceptual permit and, if necessary,
120	a sovereign lands authorization have been issued and become
121	final pursuant to chapter 120, the department shall issue any
122	requested construction permit within 30 days after receipt of
123	the request. Upon issuance of a conceptual permit, environmental
124	resource permit, or sovereign lands authorization pursuant to
125	this subsection, the department shall notify the United States
126	Army Corps of Engineers that the applicant is in compliance with
127	all state water quality and environmental requirements.
128	Section 4.  Subsection (10) of section 311.09, Florida
129	Statutes, is amended to read:
130	311.09  Florida Seaport Transportation and Economic
131	Development Council.-
132	(10)  The Department of Transportation shall include in its
133	annual legislative budget request a Florida Seaport
134	Transportation and Economic Development grant program for
135	expenditure of funds of not less than $8 million per year. Such
136	budget shall include funding for projects approved by the
137	council which have been determined by each agency to be
138	consistent and which have been determined by the Office of
139	Tourism, Trade, and Economic Development to be economically
140	beneficial. The council shall may submit to the department a
141	list of approved projects that could be made production-ready
142	within the next 5 2 years following the end of the current
143	fiscal year. The list shall be submitted by the department as
144	part of its annual legislative budget request for seaport
145	economic development projects submitted the needs and project
146	list prepared pursuant to s. 339.135(2) 339.135. However, the
147	department may not require the identification or funding of a
148	specific project as part of its legislative budget request.
149	Contingent upon legislative appropriation each year, the council
150	shall allocate funds to seaports for approved projects that
151	improve the movement and intermodal transportation of cargo or
152	passengers in commerce and trade and that support the interests,
153	purposes, and requirements of ports located in this state.
154	Section 5.  Subsections (37) and (38) of section 403.061,
155	Florida Statutes, are amended to read:
156	403.061  Department; powers and duties.-The department
157	shall have the power and the duty to control and prohibit
158	pollution of air and water in accordance with the law and rules
159	adopted and promulgated by it and, for this purpose, to:
160	(37)  Provide Enter into a memorandum of agreement with the
161	Florida Ports Council which provides a supplemental permitting
162	process for the issuance of a joint coastal permit pursuant to
163	s. 161.055 or environmental resource permit pursuant to part IV
164	of chapter 373, to a port listed in s. 311.09(1), for
165	maintenance dredging and the management of dredged materials
166	from maintenance dredging of all navigation channels, port
167	harbors, turning basins, and harbor berths. Such permit shall be
168	issued for a period of 5 years and shall be annually extended
169	for an additional year if the port is in compliance with all
170	permit conditions at the time of extension. The department is
171	authorized to adopt rules to implement this subsection.
172	(38)  Provide Enter into a memorandum of agreement with the
173	Florida Ports Council which provides a supplemental permitting
174	process for the issuance of a conceptual joint coastal permit
175	pursuant to s. 161.055 or environmental resource permit pursuant
176	to part IV of chapter 373, to a port listed in s. 311.09(1), for
177	dredging and the management of materials from dredging and for
178	other related activities necessary for development, including
179	the expansion of navigation channels, port harbors, turning
180	basins, harbor berths, and associated facilities. Such permit
181	shall be issued for a period of up to 15 years. The department
182	is authorized to adopt rules to implement this subsection.
183	The department shall implement such programs in conjunction with
184	its other powers and duties and shall place special emphasis on
185	reducing and eliminating contamination that presents a threat to
186	humans, animals or plants, or to the environment.
187	Section 6.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.