| 1 | A bill to be entitled |
| 2 | An act relating to infrastructure investment; amending s. |
| 3 | 20.23, F.S.; directing the Secretary of Transportation to |
| 4 | designate an assistant secretary with certain duties |
| 5 | relating to economic development, investment |
| 6 | opportunities, and transportation projects; amending s. |
| 7 | 163.3180, F.S.; providing a limited exemption from |
| 8 | Strategic Intermodal System adopted level-of-service |
| 9 | standards for certain new development or redevelopment |
| 10 | projects; requiring that funding priority be given to |
| 11 | improving certain Strategic Intermodal System segments; |
| 12 | amending s. 311.09, F.S.; directing the Seaport |
| 13 | Transportation and Economic Development Council to include |
| 14 | in the Florida Seaport Mission Plan certain elements of |
| 15 | local government comprehensive plans that relate to modal |
| 16 | integration and economic competitiveness; directing such |
| 17 | council to develop a priority list and submit the list to |
| 18 | the Trade Infrastructure Investment Steering Committee; |
| 19 | amending s. 339.55, F.S.; revising provisions for loans |
| 20 | and credit enhancements made by the state-funded |
| 21 | infrastructure bank; providing for loan selections by a |
| 22 | State Infrastructure Bank Selection Committee; providing |
| 23 | for membership of the committee; amending s. 339.64, F.S.; |
| 24 | revising the Strategic Intermodal System Plan project |
| 25 | prioritization process; providing for Strategic Intermodal |
| 26 | System projects to be selected by a Strategic Intermodal |
| 27 | System Project Selection Committee; providing for |
| 28 | membership of the committee; creating chapter 340, F.S., |
| 29 | titled "Infrastructure Development"; creating s. 340.101, |
| 30 | F.S.; providing a short title; providing a purpose; |
| 31 | creating the Trade Infrastructure Investment Steering |
| 32 | Committee; providing for membership, organization, staff, |
| 33 | and employees of the committee; authorizing the committee |
| 34 | to receive and administer funds; providing duties and |
| 35 | responsibilities of the committee; directing the committee |
| 36 | to submit reports to the Governor and the Legislature; |
| 37 | creating s. 340.102, F.S.; authorizing certain local |
| 38 | governmental entities to prepare a comprehensive economic |
| 39 | development and expansion and intermodal transportation |
| 40 | plan; providing for incorporation of the plan into the |
| 41 | local government comprehensive plan; requiring certain |
| 42 | elements be included in the plan; providing that, upon |
| 43 | approval, plan projects constitute a priority list for |
| 44 | state and local funding for transportation and related |
| 45 | infrastructure projects of all state agencies; directing |
| 46 | certain state agencies to develop a memorandum of |
| 47 | agreement for assisting each port in the expedited |
| 48 | implementation of projects included in each plan; amending |
| 49 | s. 373.406, F.S.; providing that, under specified |
| 50 | conditions, certain facilities located in deepwater ports |
| 51 | are not part of a stormwater management system and are not |
| 52 | impervious; amending s. 373.4133, F.S.; requiring the |
| 53 | Department of Environmental Protection to issue a notice |
| 54 | of intent for a port conceptual permit within a specified |
| 55 | time; providing that a notice of intent to issue such |
| 56 | permit creates a rebuttable presumption of compliance with |
| 57 | specified standards and authorization; providing a |
| 58 | standard for overcoming such a presumption; requiring the |
| 59 | department to issue certain permits within a specified |
| 60 | time and to notify specified entities of certain |
| 61 | compliance; amending s. 403.813, F.S.; exempting certain |
| 62 | seaports from specified permit requirements for |
| 63 | maintenance dredging if certain conditions are met; |
| 64 | revising provisions for such dredging; providing an |
| 65 | effective date. |
| 66 |
|
| 67 | Be It Enacted by the Legislature of the State of Florida: |
| 68 |
|
| 69 | Section 1. Paragraph (d) of subsection (1) of section |
| 70 | 20.23, Florida Statutes, is amended to read: |
| 71 | 20.23 Department of Transportation.-There is created a |
| 72 | Department of Transportation which shall be a decentralized |
| 73 | agency. |
| 74 | (1) |
| 75 | (d) The secretary may appoint up to three assistant |
| 76 | secretaries who shall be directly responsible to the secretary |
| 77 | and who shall perform such duties as are assigned by the |
| 78 | secretary. The secretary shall designate to an assistant |
| 79 | secretary the duties related to enhancing economic prosperity, |
| 80 | including, but not limited to, the responsibility of liaison |
| 81 | with the head of economic development in the Executive Office of |
| 82 | the Governor. Such assistant secretary shall be directly |
| 83 | responsible for providing the Executive Office of the Governor |
| 84 | with investment opportunities and transportation projects that |
| 85 | expand the state's role as a global hub for trade and investment |
| 86 | and enhance the supply chain system in the state to process, |
| 87 | assemble, and ship goods to markets throughout the eastern |
| 88 | United States, Canada, the Caribbean, and Latin America. The |
| 89 | secretary may delegate to any assistant secretary the authority |
| 90 | to act in the absence of the secretary. |
| 91 | Section 2. Subsection (10) of section 163.3180, Florida |
| 92 | Statutes, is amended to read: |
| 93 | 163.3180 Concurrency.- |
| 94 | (10)(a) Except in transportation concurrency exception |
| 95 | areas, with regard to roadway facilities on the Strategic |
| 96 | Intermodal System designated in accordance with s. 339.63, local |
| 97 | governments shall adopt the level-of-service standard |
| 98 | established by the Department of Transportation by rule. |
| 99 | However, if the Office of Tourism, Trade, and Economic |
| 100 | Development concurs in writing with the local government that |
| 101 | the proposed development is for a qualified job creation project |
| 102 | under s. 288.0656 or s. 403.973, the affected local government, |
| 103 | after consulting with the Department of Transportation, may |
| 104 | provide for a waiver of transportation concurrency for the |
| 105 | project. For all other roads on the State Highway System, local |
| 106 | governments shall establish an adequate level-of-service |
| 107 | standard that need not be consistent with any level-of-service |
| 108 | standard established by the Department of Transportation. In |
| 109 | establishing adequate level-of-service standards for any |
| 110 | arterial roads, or collector roads, as appropriate, which |
| 111 | traverse multiple jurisdictions, local governments shall |
| 112 | consider compatibility with the roadway facility's adopted |
| 113 | level-of-service standards in adjacent jurisdictions. Each local |
| 114 | government within a county shall use a professionally accepted |
| 115 | methodology for measuring impacts on transportation facilities |
| 116 | for the purposes of implementing its concurrency management |
| 117 | system. Counties are encouraged to coordinate with adjacent |
| 118 | counties, and local governments within a county are encouraged |
| 119 | to coordinate, for the purpose of using common methodologies for |
| 120 | measuring impacts on transportation facilities for the purpose |
| 121 | of implementing their concurrency management systems. |
| 122 | (b) There shall be a limited exemption from Strategic |
| 123 | Intermodal System adopted level-of-service standards for new |
| 124 | development or redevelopment projects consistent with the local |
| 125 | comprehensive plan as inland multimodal facilities, receiving or |
| 126 | sending cargo for distribution and providing cargo storage, |
| 127 | consolidation, and repackaging and transfer of goods, and, which |
| 128 | may, if developed as proposed, include other intermodal |
| 129 | terminals, related transportation facilities, warehousing and |
| 130 | distribution, and associated office space, and light industrial, |
| 131 | manufacturing, and assembly uses. The limited exemption shall |
| 132 | apply if the project meets all of the following criteria: |
| 133 | 1. The project will not cause the adopted level-of-service |
| 134 | on Strategic Intermodal System facilities to be exceeded by more |
| 135 | than 150 percent within the first 5 years of the project's |
| 136 | development. |
| 137 | 2. The project, upon completion, will result in the |
| 138 | creation of at least 50 full-time jobs. |
| 139 | 3. The project is compatible with existing and planned |
| 140 | adjacent land uses. |
| 141 | 4. The project is consistent with local and regional |
| 142 | economic development goals or plans. |
| 143 | 5. The project is proximate to regionally significant road |
| 144 | and rail transportation facilities. |
| 145 | Section 3. Funding priority shall be given to improving |
| 146 | Strategic Intermodal System segments anticipated to exceed the |
| 147 | adopted level-of-service standards within the next 5 years as a |
| 148 | result of new development or redevelopment projects as set forth |
| 149 | in s. 163.3180(10)(b), Florida Statutes. |
| 150 | Section 4. Subsection (3) of section 311.09, Florida |
| 151 | Statutes, is amended to read: |
| 152 | 311.09 Florida Seaport Transportation and Economic |
| 153 | Development Council.- |
| 154 | (3) The council shall prepare a 5-year Florida Seaport |
| 155 | Mission Plan defining the goals and objectives of the council |
| 156 | concerning the development of port facilities and an intermodal |
| 157 | transportation system consistent with the goals of the Florida |
| 158 | Transportation Plan developed pursuant to s. 339.155. The |
| 159 | council shall include the modal integration and economic |
| 160 | competitiveness plan included in the applicable local government |
| 161 | comprehensive plan under s. 163.3177(6)(j)4. The Florida Seaport |
| 162 | Mission Plan shall include specific recommendations for the |
| 163 | construction of transportation facilities connecting any port to |
| 164 | another transportation mode and for the efficient, cost- |
| 165 | effective development of transportation facilities or port |
| 166 | facilities for the purpose of enhancing international trade, |
| 167 | promoting cargo flow, increasing cruise passenger movements, |
| 168 | increasing port revenues, and providing economic benefits to the |
| 169 | state. The council shall develop a priority list of projects |
| 170 | based on these recommendations annually and shall submit the |
| 171 | list to the Trade Infrastructure Investment Steering Committee |
| 172 | created pursuant to s. 340.101. The council shall update the 5- |
| 173 | year Florida Seaport Mission Plan annually and shall submit the |
| 174 | plan no later than February 1 of each year to the President of |
| 175 | the Senate; the Speaker of the House of Representatives; the |
| 176 | Office of Tourism, Trade, and Economic Development; the |
| 177 | Department of Transportation; and the Department of Community |
| 178 | Affairs. The council shall develop programs, based on an |
| 179 | examination of existing programs in Florida and other states, |
| 180 | for the training of minorities and secondary school students in |
| 181 | job skills associated with employment opportunities in the |
| 182 | maritime industry, and report on progress and recommendations |
| 183 | for further action to the President of the Senate and the |
| 184 | Speaker of the House of Representatives annually. |
| 185 | Section 5. Paragraph (a) of subsection (2) and subsection |
| 186 | (7) of section 339.55, Florida Statutes, are amended to read: |
| 187 | 339.55 State-funded infrastructure bank.- |
| 188 | (2) The bank may lend capital costs or provide credit |
| 189 | enhancements for: |
| 190 | (a) A transportation facility project that is on the State |
| 191 | Highway System or that provides for increased mobility on the |
| 192 | state's transportation system or provides for intermodal |
| 193 | connectivity with airports, seaports, rail facilities, and other |
| 194 | transportation terminals, pursuant to s. 341.053, for the |
| 195 | movement of people and goods. |
| 196 | (7) The final selection for loans shall be made by a State |
| 197 | Infrastructure Bank Selection Committee composed of the |
| 198 | Secretary of Transportation, the director of the Office of |
| 199 | Tourism, Trade, and Economic Development, and a designated |
| 200 | representative of the Trade Infrastructure Investment Steering |
| 201 | Committee who is not one of the other two members of the |
| 202 | committee. The State Infrastructure Bank Selection Committee |
| 203 | shall give top priority to projects that promote economic |
| 204 | development and create new permanent jobs as a top priority and |
| 205 | The department may consider, but is not limited to, the |
| 206 | following additional criteria for evaluation of projects for |
| 207 | assistance from the bank: |
| 208 | (a) The credit worthiness of the project. |
| 209 | (b) A demonstration that the project will encourage, |
| 210 | enhance, or create economic benefits. |
| 211 | (c) The likelihood that assistance would enable the |
| 212 | project to proceed at an earlier date than would otherwise be |
| 213 | possible. |
| 214 | (d) The extent to which assistance would foster innovative |
| 215 | public-private partnerships and attract private debt or equity |
| 216 | investment. |
| 217 | (e) The extent to which the project would use new |
| 218 | technologies, including intelligent transportation systems, that |
| 219 | would enhance the efficient operation of the project. |
| 220 | (f) The extent to which the project would maintain or |
| 221 | protect the environment. |
| 222 | (g) A demonstration that the project includes |
| 223 | transportation benefits for improving intermodalism, cargo and |
| 224 | freight movement, and safety. |
| 225 | (h) The extent to which the project significantly improves |
| 226 | the state's competitive position to compete for the movement of |
| 227 | additional goods into and through this state in association with |
| 228 | the widening of the Panama Canal. |
| 229 | (i)(h) The amount of the proposed assistance as a |
| 230 | percentage of the overall project costs with emphasis on local |
| 231 | and private participation. |
| 232 | (j)(i) The extent to which the project will provide for |
| 233 | connectivity between the State Highway System and airports, |
| 234 | seaports, rail facilities, and other transportation terminals |
| 235 | and intermodal options pursuant to s. 341.053 for the increased |
| 236 | accessibility and movement of people and goods. |
| 237 | (k)(j) The extent to which damage from a disaster that |
| 238 | results in a declaration of emergency has impacted a public |
| 239 | transportation facility's ability to maintain its previous level |
| 240 | of service and remain accessible to the public or has had a |
| 241 | major impact on the cash flow or revenue-generation ability of |
| 242 | the public-use facility. |
| 243 | Section 6. Paragraph (b) of subsection (4) of section |
| 244 | 339.64, Florida Statutes, is amended to read: |
| 245 | 339.64 Strategic Intermodal System Plan.- |
| 246 | (4) The Strategic Intermodal System Plan shall include the |
| 247 | following: |
| 248 | (b) A project prioritization process. The Strategic |
| 249 | Intermodal System projects shall be selected by a Strategic |
| 250 | Intermodal System Project Selection Committee composed of the |
| 251 | Secretary of Transportation, the department assistant |
| 252 | secretaries, the director of the Office of Tourism, Trade, and |
| 253 | Economic Development, and a designated representative of the |
| 254 | Trade Infrastructure Investment Steering Committee other than |
| 255 | the members of this committee. The Strategic Intermodal System |
| 256 | Project Selection Committee shall give top priority to strategic |
| 257 | projects that promote economic development and create new |
| 258 | permanent jobs and may consider, but is not limited to, the |
| 259 | additional criteria listed in this paragraph for the evaluation |
| 260 | of projects for Strategic Intermodal System funding. The |
| 261 | Strategic Intermodal System Project Selection Committee shall |
| 262 | use these policies to add, advance, and delete Strategic |
| 263 | Intermodal System projects for the department's 5-year work |
| 264 | program developed in accordance with s. 339.135 and this shall |
| 265 | pertain to the department's tentative 5-year work program for |
| 266 | fiscal years 2011-2012 through 2015-2016 prior to the 5-year |
| 267 | work program being adopted in accordance with s. 339.135. |
| 268 | Additional criteria for the evaluation of projects for Strategic |
| 269 | Intermodal System funding pursuant to this paragraph include, |
| 270 | but are not limited to: |
| 271 | 1. A demonstration that the project will encourage, |
| 272 | enhance, or create economic benefits. |
| 273 | 2. The extent to which the project would foster innovative |
| 274 | public-private partnerships and attract private debt or equity |
| 275 | investment. |
| 276 | 3. The extent to which the project would use new |
| 277 | technologies, including intelligent transportation systems, |
| 278 | which would enhance the efficient operation of the project. |
| 279 | 4. The extent to which the project would maintain or |
| 280 | protect the environment. |
| 281 | 5. A demonstration that the project includes |
| 282 | transportation benefits for improving intermodalism, cargo and |
| 283 | freight movement, and safety. |
| 284 | 6. The extent to which the project significantly improves |
| 285 | the state's competitive position to compete for the movement of |
| 286 | additional goods into and through this state in association with |
| 287 | the widening of the Panama Canal. |
| 288 | 7. The extent to which the project can generate revenue or |
| 289 | matching funds provided by other project partners as a |
| 290 | percentage of the overall project costs with emphasis on local |
| 291 | and private participation. |
| 292 | 8. The extent to which the project can relieve major |
| 293 | congestion to promote the more efficient movement of people and |
| 294 | goods. |
| 295 | 9. The extent to which the project provides efficient |
| 296 | choices for the public and private sector in the movement of |
| 297 | people and goods such as express and truck-only lanes where HOV |
| 298 | lanes are converted or new lanes are added that are tolled for a |
| 299 | premium level of service. |
| 300 | 10. The extent to which the project will provide for |
| 301 | connectivity between the State Highway System and airports, |
| 302 | seaports, rail facilities, and other transportation terminals |
| 303 | and intermodal options pursuant to s. 341.053 for the increased |
| 304 | accessibility and movement of people and goods. |
| 305 | 11. The extent to which damage from a disaster that |
| 306 | results in a declaration of emergency has impacted a Strategic |
| 307 | Intermodal System facility's ability to maintain its previous |
| 308 | level of service and remain accessible to the public or has had |
| 309 | a major impact on the cash flow or revenue-generation ability of |
| 310 | the public-use facility. |
| 311 | Section 7. Chapter 340, Florida Statutes, consisting of |
| 312 | sections 340.101 and 340.102, Florida Statutes, is created to |
| 313 | read: |
| 314 | Chapter 340 |
| 315 | TRADE INFRASTRUCTURE DEVELOPMENT |
| 316 | 340.101 Florida Trade Infrastructure Investment Act.- |
| 317 | (1) SHORT TITLE.-This section may be cited as the "Florida |
| 318 | Trade Infrastructure Investment Act." |
| 319 | (2) PURPOSE.-The primary purpose of this section is to |
| 320 | stimulate substantial increases in trade activities and |
| 321 | opportunities in the state by identifying investment |
| 322 | opportunities and incentives for projects that capture a larger |
| 323 | share of the containerized imports originating in Asia and |
| 324 | serving Florida businesses and consumers; expand export markets |
| 325 | for Florida businesses; create more efficient logistics patterns |
| 326 | that attract advanced manufacturing and other export-related |
| 327 | industries to the state; expand the state's role as a hub for |
| 328 | trade and investment; and enhance the supply chain system in the |
| 329 | state to process, assemble, and ship goods to markets throughout |
| 330 | the eastern United States, Canada, the Caribbean, and Latin |
| 331 | America; and create new permanent jobs in the state. |
| 332 | (3) TRADE INFRASTRUCTURE INVESTMENT STEERING COMMITTEE.- |
| 333 | (a) The Trade Infrastructure Investment Steering Committee |
| 334 | is created within the Office of the Governor. The committee |
| 335 | shall consist of the following five members: |
| 336 | 1. One member shall be the director of the Office of |
| 337 | Tourism, Trade, and Economic Development or the director's |
| 338 | designee. |
| 339 | 2. One member shall be the Secretary of Transportation or |
| 340 | the secretary's designee. |
| 341 | 3. One member shall be appointed by the Governor for a |
| 342 | term of 4 years. This appointee must have significant experience |
| 343 | in international business, transportation, law, or logistics. |
| 344 | The initial appointment must be made by September 1, 2011. |
| 345 | Absence from three consecutive meetings shall result in the |
| 346 | automatic removal of such member. Any appointed member is |
| 347 | eligible for reappointment. |
| 348 | 4. One member shall be appointed by the President of the |
| 349 | Senate for an initial term of 2 years. Succeeding terms shall be |
| 350 | 4 years each. This appointee must be a private citizen who has |
| 351 | significant experience in international business, |
| 352 | transportation, law, or logistics. The initial appointment must |
| 353 | be made by September 1, 2011. Absence from three consecutive |
| 354 | meetings shall result in the automatic removal of such member. |
| 355 | Any appointed member is eligible for reappointment. |
| 356 | 5. One member shall be appointed by the Speaker of the |
| 357 | House of Representatives for an initial term of 2 years. |
| 358 | Succeeding terms shall be 4 years each. This appointee must be a |
| 359 | private citizen who has significant experience in international |
| 360 | business, transportation, law, or logistics. The initial |
| 361 | appointment must be made by September 1, 2011. Absence from |
| 362 | three consecutive meetings shall result in the automatic removal |
| 363 | of such member. Any appointed member is eligible for |
| 364 | reappointment. |
| 365 | (b) The Governor shall select a chair from among the |
| 366 | members of the committee every 2 years. The committee shall |
| 367 | select a vice chair from among the members of the committee |
| 368 | every 2 years. |
| 369 | (c) All committee members are required to disclose |
| 370 | financial interests and clients pursuant to s. 112.3145. |
| 371 | (d) Appointed members of the committee shall serve without |
| 372 | compensation, but are entitled to reimbursement for all |
| 373 | reasonable, necessary, and actual expenses as determined and |
| 374 | approved by the committee pursuant to s. 112.061. |
| 375 | (e) The committee may establish a schedule of meetings and |
| 376 | meeting locations, but must meet at least quarterly. The initial |
| 377 | meeting of the committee must occur by September 1, 2011. |
| 378 | (f) The committee: |
| 379 | 1. May receive, hold, invest, and administer funds and |
| 380 | make expenditures consistent with the purposes and provisions of |
| 381 | this section. |
| 382 | 2. May make purchases, sales, exchanges, investment, and |
| 383 | reinvestments for and on behalf of the funds received pursuant |
| 384 | to this section. |
| 385 | 3. Shall maintain all official records related to its |
| 386 | activities. |
| 387 | (4) DUTIES AND RESPONSIBILITIES OF THE STEERING |
| 388 | COMMITTEE.-The committee shall: |
| 389 | (a) Advise the Governor and Legislature on programs, |
| 390 | policies, investments, and other opportunities to transform the |
| 391 | state's economy by becoming a hub for trade, logistics, and |
| 392 | export-oriented activities. |
| 393 | (b) Identify strategic investments in priority seaport |
| 394 | trade infrastructure projects. The Florida Seaport |
| 395 | Transportation and Economic Development Council, under |
| 396 | 311.09(3), shall provide the committee with a list of seaport |
| 397 | projects that respond to business opportunities and contribute |
| 398 | to the state's job growth and economic stability. |
| 399 | (c) Identify strategic investments in priority airport |
| 400 | trade infrastructure projects. The Department of Transportation |
| 401 | and the Florida Airports Council shall provide the committee |
| 402 | with a list of airport projects that respond to business |
| 403 | opportunities and contribute to the state's job growth and |
| 404 | economic stability. |
| 405 | (d) Identify strategic investments in priority road and |
| 406 | rail trade infrastructure projects. The Department of |
| 407 | Transportation and the Florida Railroad Association shall |
| 408 | provide the committee with a list of road and rail projects that |
| 409 | respond to business opportunities and contribute to the state's |
| 410 | job growth and economic stability. |
| 411 | (e) Identify marketing tools, incentives, and support |
| 412 | services to meet trade and logistics industry needs. Enterprise |
| 413 | Florida, Inc., shall provide the committee with a list of |
| 414 | marketing tools, incentives, and support services that respond |
| 415 | to industry needs. |
| 416 | (f) Review current state planning and funding programs, |
| 417 | such as the Strategic Intermodal System, to ensure that |
| 418 | sufficient and reliable funding for future strategic investments |
| 419 | in the state's trade and economic development systems is |
| 420 | available, including, but not limited to, a review of whether |
| 421 | these programs have the ability to respond to and leverage the |
| 422 | maximum amount of available federal dollars and provide |
| 423 | significant incentives for investment by private sector |
| 424 | businesses. |
| 425 | (g) Designate a member other than the Secretary of |
| 426 | Transportation or the director of the Office of Tourism, Trade, |
| 427 | and Economic Development to serve on the State Infrastructure |
| 428 | Bank Selection Committee as provided in s. 339.55. |
| 429 | (h) Designate a member other than the Secretary of |
| 430 | Transportation or the Director of the Office of Tourism, Trade, |
| 431 | and Economic Development to serve on the Strategic Intermodal |
| 432 | System Project Selection Committee as provided in s. 339.64. |
| 433 | (i) Select projects from the lists provided under |
| 434 | paragraphs (b), (c), and (d), which shall be included by the |
| 435 | Secretary of Transportation in the Department of |
| 436 | Transportation's work program as part of the work program |
| 437 | developed and managed in accordance with s. 339.135. |
| 438 | (5) COMMITTEE STAFF AND EMPLOYEES.-One full-time |
| 439 | equivalent position shall be provided by the Office of Tourism, |
| 440 | Trade, and Economic Development for the committee. The committee |
| 441 | shall be provided $300,000 annually from the State |
| 442 | Transportation Trust Fund to employ consultants or other experts |
| 443 | and to pay for travel expenses of committee members. Such |
| 444 | expenses shall be paid directly from the State Transportation |
| 445 | Trust Fund. The staff, under the direction of the committee, |
| 446 | shall manage the operations of the committee and perform other |
| 447 | duties to assist the committee in reviewing project applications |
| 448 | and notifying applicants of the committee's investment |
| 449 | decisions. |
| 450 | (6) COMMITTEE REPORTING REQUIREMENTS.-Prior to December 1 |
| 451 | of each year, the committee shall submit to the Governor, the |
| 452 | President of the Senate, and the Speaker of the House of |
| 453 | Representatives a complete and detailed report on programs, |
| 454 | policies, investments, and other opportunities identified |
| 455 | pursuant to subsection (4). This report shall include methods |
| 456 | for implementing and funding such findings. |
| 457 | 340.102 Port, airport, and railroad intermodal plans.- |
| 458 | (1) Each local governmental entity with comprehensive |
| 459 | planning jurisdiction under part II of chapter 163 over |
| 460 | deepwater ports listed in s. 311.09(1), airports, railroad |
| 461 | facilities, or intermodal transportation projects may prepare a |
| 462 | comprehensive economic development and expansion and intermodal |
| 463 | transportation plan with a 10-year horizon. Each plan shall be |
| 464 | incorporated into the applicable local government comprehensive |
| 465 | plan at the next scheduled amendment of the local government |
| 466 | comprehensive plan. |
| 467 | (2) Each plan must include the following: |
| 468 | (a) An economic development element that identifies |
| 469 | targeted business opportunities for increasing business and |
| 470 | attracting new business for which a particular facility has a |
| 471 | strategic advantage over its competitors, identifies financial |
| 472 | resources and other inducements to encourage growth of existing |
| 473 | business and acquisition of new business, and provides a |
| 474 | projected schedule for attainment of the plan's goals. |
| 475 | (b) An infrastructure development and improvement element |
| 476 | that identifies all projected infrastructure improvements within |
| 477 | the plan area which require improvement, expansion, or |
| 478 | development in order for a port, airport, or railroad to attain |
| 479 | a strategic advantage for competition with national and |
| 480 | international competitors. |
| 481 | (c) An element that identifies all intermodal |
| 482 | transportation facilities, including sea, air, rail, or road |
| 483 | facilities, which are available or have potential, with |
| 484 | improvements, to be available for necessary national and |
| 485 | international commercial linkages and provides a plan for the |
| 486 | integration of port, airport, and railroad activities with |
| 487 | existing and planned transportation infrastructure. |
| 488 | (d) An element that identifies physical, environmental, |
| 489 | and regulatory barriers to achievement of the plan goals and |
| 490 | provides recommendations for overcoming those barriers. |
| 491 | (e) An intergovernmental coordination element that |
| 492 | specifies modes and methods to coordinate plan goals and |
| 493 | missions with the missions of the Department of Transportation, |
| 494 | other state agencies, and affected local general-purpose |
| 495 | governments. |
| 496 | (3) Upon approval of a plan by a local general-purpose |
| 497 | government, the port, airport, or railroad projects and |
| 498 | activities identified by the plan shall constitute a priority |
| 499 | list for state and local funding for transportation and related |
| 500 | infrastructure projects for the Department of Transportation, |
| 501 | the Office of Tourism, Trade, and Economic Development, the |
| 502 | Department of Community Affairs, and all other state agencies. |
| 503 | (4) Upon approval of a plan, state regulatory and land |
| 504 | management agencies, including the Department of Environmental |
| 505 | Protection, the water management districts created pursuant to |
| 506 | chapter 373, and the Board of Trustees of the Internal |
| 507 | Improvement Trust Fund, shall develop a memorandum of agreement |
| 508 | for assisting each port in the expedited implementation of |
| 509 | projects included in each plan. |
| 510 | Section 8. Subsection (12) is added to section 373.406, |
| 511 | Florida Statutes, to read: |
| 512 | 373.406 Exemptions.-The following exemptions shall apply: |
| 513 | (12) All overwater piers, docks, and similar structures |
| 514 | located in a deepwater port listed in s. 311.09 are not part of |
| 515 | a stormwater management system and are not impervious under this |
| 516 | chapter or chapter 403 if the port has a Stormwater Pollution |
| 517 | Prevention Plan pursuant to the National Pollutant Discharge |
| 518 | Elimination System Program. |
| 519 | Section 9. Subsection (8) of section 373.4133, Florida |
| 520 | Statutes, is amended to read: |
| 521 | 373.4133 Port conceptual permits.- |
| 522 | (8) Except as otherwise provided in this section, the |
| 523 | following procedures apply to the approval or denial of an |
| 524 | application for a port conceptual permit or a final permit or |
| 525 | authorization: |
| 526 | (a) Applications for a port conceptual permit, including |
| 527 | any request for the conceptual approval of the use of |
| 528 | sovereignty submerged lands, shall be processed in accordance |
| 529 | with the provisions of ss. 373.427 and 120.60. However, if the |
| 530 | applicant believes that any request for additional information |
| 531 | is not authorized by law or agency rule, the applicant may |
| 532 | request an informal hearing pursuant to s. 120.57(2) before the |
| 533 | Secretary of Environmental Protection to determine whether the |
| 534 | application is complete. |
| 535 | (b) Notwithstanding any other provision of law, the |
| 536 | department shall issue a notice of intent within 30 days after |
| 537 | receipt of an application for a port conceptual permit. Upon |
| 538 | issuance of the department's notice of intent to issue or deny a |
| 539 | port conceptual permit, the applicant shall publish a one-time |
| 540 | notice of such intent, prepared by the department, in the |
| 541 | newspaper with the largest general circulation in the county or |
| 542 | counties where the port is located. |
| 543 | (c) A notice of intent to issue a port conceptual permit |
| 544 | creates a rebuttable presumption that development of the port or |
| 545 | private facilities consistent with the approved port master plan |
| 546 | complies with all applicable standards for issuance of a |
| 547 | conceptual permit, an environmental resource permit, and |
| 548 | sovereign lands authorization pursuant to this chapter and |
| 549 | chapters 161, 253, and 403. The presumption may be overcome only |
| 550 | by clear and convincing evidence. |
| 551 | (d) Upon issuance and finalization of a port conceptual |
| 552 | permit and, if necessary, an environmental resource permit or |
| 553 | sovereign lands authorization pursuant to this section, the |
| 554 | department shall notify the United States Army Corps of |
| 555 | Engineers that the applicant is in compliance with all state |
| 556 | water quality and regulatory requirements and shall issue any |
| 557 | requested construction permit within 30 days after receipt of |
| 558 | the request. |
| 559 | (e)(c) Final agency action on a port conceptual permit is |
| 560 | subject to challenge pursuant to ss. 120.569 and 120.57. |
| 561 | However, final agency action to authorize subsequent |
| 562 | construction of facilities contained in a port conceptual permit |
| 563 | may only be challenged by a third party for consistency with the |
| 564 | port conceptual permit. |
| 565 | (f)(d) A person who will be substantially affected by a |
| 566 | final agency action described in paragraph (e) (c) must initiate |
| 567 | administrative proceedings pursuant to ss. 120.569 and 120.57 |
| 568 | within 21 days after the publication of the notice of the |
| 569 | proposed action. If administrative proceedings are requested, |
| 570 | the proceedings are subject to the summary hearing provisions of |
| 571 | s. 120.574. However, if the decision of the administrative law |
| 572 | judge will be a recommended order rather than a final order, a |
| 573 | summary proceeding must be conducted within 90 days after a |
| 574 | party files a motion for summary hearing, regardless of whether |
| 575 | the parties agree to the summary proceeding. |
| 576 | Section 10. Subsection (3) of section 403.813, Florida |
| 577 | Statutes, is amended to read: |
| 578 | 403.813 Permits issued at district centers; exceptions.- |
| 579 | (3) A permit is not required under this chapter, chapter |
| 580 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
| 581 | chapter 25270, 1949, Laws of Florida, for maintenance dredging |
| 582 | conducted under this section by the seaports of Jacksonville, |
| 583 | Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, |
| 584 | Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, |
| 585 | Pensacola, Key West, and Fernandina or by inland navigation |
| 586 | districts, if the dredging to be performed is no more than is |
| 587 | necessary to meet the original design specifications or |
| 588 | configurations, the work is conducted in compliance with s. |
| 589 | 379.2431(2)(d), and previously undisturbed natural areas are not |
| 590 | significantly impacted. In addition: |
| 591 | (a) A mixing zone for turbidity is granted within a 150- |
| 592 | meter radius from the point of dredging while dredging is |
| 593 | ongoing, except that the mixing zone may not extend into areas |
| 594 | supporting wetland communities, submerged aquatic vegetation, or |
| 595 | hardbottom communities. |
| 596 | (b) The discharge of the return water from the site used |
| 597 | for the disposal of dredged material shall be allowed only if |
| 598 | such discharge does not result in a violation of water quality |
| 599 | standards in the receiving waters. The return-water discharge |
| 600 | into receiving waters shall be granted a mixing zone for |
| 601 | turbidity within a 150-meter radius from the point of discharge |
| 602 | into the receiving waters during and immediately after the |
| 603 | dredging, except that the mixing zone may not extend into areas |
| 604 | supporting wetland communities, submerged aquatic vegetation, or |
| 605 | hardbottom communities. Ditches, pipes, and similar types of |
| 606 | linear conveyances may not be considered receiving waters for |
| 607 | the purposes of this subsection. |
| 608 | (c) The state may not exact a charge for material that |
| 609 | this subsection allows a public port or an inland navigation |
| 610 | district to remove. In addition, consent to use any sovereignty |
| 611 | submerged lands pursuant to this section is hereby granted. |
| 612 | (d) The use of flocculants at the site used for disposal |
| 613 | of the dredged material is allowed if the use, including |
| 614 | supporting documentation, is coordinated in advance with the |
| 615 | department and the department has determined that the use is not |
| 616 | harmful to water resources. |
| 617 | (e) If all requirements of the permit are satisfied, the |
| 618 | spoil material may be deposited on a permitted disposal site or |
| 619 | on a self-contained, upland spoil site that will prevent the |
| 620 | escape of the spoil material into the waters of the state. |
| 621 | (f)(e) This subsection does not prohibit maintenance |
| 622 | dredging of areas where the loss of original design function and |
| 623 | constructed configuration has been caused by a storm event, |
| 624 | provided that the dredging is performed as soon as practical |
| 625 | after the storm event. Maintenance dredging that commences |
| 626 | within 3 years after the storm event shall be presumed to |
| 627 | satisfy this provision. If more than 3 years are needed to |
| 628 | commence the maintenance dredging after the storm event, a |
| 629 | request for a specific time extension to perform the maintenance |
| 630 | dredging shall be submitted to the department, prior to the end |
| 631 | of the 3-year period, accompanied by a statement, including |
| 632 | supporting documentation, demonstrating that contractors are not |
| 633 | available or that additional time is needed to obtain |
| 634 | authorization for the maintenance dredging from the United |
| 635 | States Army Corps of Engineers. |
| 636 | Section 11. This act shall take effect July 1, 2011. |