HB 1153

1
A bill to be entitled
2An act relating to infrastructure investment; amending s.
320.23, F.S.; directing the Secretary of Transportation to
4designate an assistant secretary with certain duties
5relating to economic development, investment
6opportunities, and transportation projects; amending s.
7163.3180, F.S.; providing a limited exemption from
8Strategic Intermodal System adopted level-of-service
9standards for certain new development or redevelopment
10projects; requiring that funding priority be given to
11improving certain Strategic Intermodal System segments;
12amending s. 311.09, F.S.; directing the Seaport
13Transportation and Economic Development Council to include
14in the Florida Seaport Mission Plan certain elements of
15local government comprehensive plans that relate to modal
16integration and economic competitiveness; directing such
17council to develop a priority list and submit the list to
18the Trade Infrastructure Investment Steering Committee;
19amending s. 339.55, F.S.; revising provisions for loans
20and credit enhancements made by the state-funded
21infrastructure bank; providing for loan selections by a
22State Infrastructure Bank Selection Committee; providing
23for membership of the committee; amending s. 339.64, F.S.;
24revising the Strategic Intermodal System Plan project
25prioritization process; providing for Strategic Intermodal
26System projects to be selected by a Strategic Intermodal
27System Project Selection Committee; providing for
28membership of the committee; creating chapter 340, F.S.,
29titled "Infrastructure Development"; creating s. 340.101,
30F.S.; providing a short title; providing a purpose;
31creating the Trade Infrastructure Investment Steering
32Committee; providing for membership, organization, staff,
33and employees of the committee; authorizing the committee
34to receive and administer funds; providing duties and
35responsibilities of the committee; directing the committee
36to submit reports to the Governor and the Legislature;
37creating s. 340.102, F.S.; authorizing certain local
38governmental entities to prepare a comprehensive economic
39development and expansion and intermodal transportation
40plan; providing for incorporation of the plan into the
41local government comprehensive plan; requiring certain
42elements be included in the plan; providing that, upon
43approval, plan projects constitute a priority list for
44state and local funding for transportation and related
45infrastructure projects of all state agencies; directing
46certain state agencies to develop a memorandum of
47agreement for assisting each port in the expedited
48implementation of projects included in each plan; amending
49s. 373.406, F.S.; providing that, under specified
50conditions, certain facilities located in deepwater ports
51are not part of a stormwater management system and are not
52impervious; amending s. 373.4133, F.S.; requiring the
53Department of Environmental Protection to issue a notice
54of intent for a port conceptual permit within a specified
55time; providing that a notice of intent to issue such
56permit creates a rebuttable presumption of compliance with
57specified standards and authorization; providing a
58standard for overcoming such a presumption; requiring the
59department to issue certain permits within a specified
60time and to notify specified entities of certain
61compliance; amending s. 403.813, F.S.; exempting certain
62seaports from specified permit requirements for
63maintenance dredging if certain conditions are met;
64revising provisions for such dredging; providing an
65effective date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Paragraph (d) of subsection (1) of section
7020.23, Florida Statutes, is amended to read:
71     20.23  Department of Transportation.-There is created a
72Department of Transportation which shall be a decentralized
73agency.
74     (1)
75     (d)  The secretary may appoint up to three assistant
76secretaries who shall be directly responsible to the secretary
77and who shall perform such duties as are assigned by the
78secretary. The secretary shall designate to an assistant
79secretary the duties related to enhancing economic prosperity,
80including, but not limited to, the responsibility of liaison
81with the head of economic development in the Executive Office of
82the Governor. Such assistant secretary shall be directly
83responsible for providing the Executive Office of the Governor
84with investment opportunities and transportation projects that
85expand the state's role as a global hub for trade and investment
86and enhance the supply chain system in the state to process,
87assemble, and ship goods to markets throughout the eastern
88United States, Canada, the Caribbean, and Latin America. The
89secretary may delegate to any assistant secretary the authority
90to act in the absence of the secretary.
91     Section 2.  Subsection (10) of section 163.3180, Florida
92Statutes, is amended to read:
93     163.3180  Concurrency.-
94     (10)(a)  Except in transportation concurrency exception
95areas, with regard to roadway facilities on the Strategic
96Intermodal System designated in accordance with s. 339.63, local
97governments shall adopt the level-of-service standard
98established by the Department of Transportation by rule.
99However, if the Office of Tourism, Trade, and Economic
100Development concurs in writing with the local government that
101the proposed development is for a qualified job creation project
102under s. 288.0656 or s. 403.973, the affected local government,
103after consulting with the Department of Transportation, may
104provide for a waiver of transportation concurrency for the
105project. For all other roads on the State Highway System, local
106governments shall establish an adequate level-of-service
107standard that need not be consistent with any level-of-service
108standard established by the Department of Transportation. In
109establishing adequate level-of-service standards for any
110arterial roads, or collector roads, as appropriate, which
111traverse multiple jurisdictions, local governments shall
112consider compatibility with the roadway facility's adopted
113level-of-service standards in adjacent jurisdictions. Each local
114government within a county shall use a professionally accepted
115methodology for measuring impacts on transportation facilities
116for the purposes of implementing its concurrency management
117system. Counties are encouraged to coordinate with adjacent
118counties, and local governments within a county are encouraged
119to coordinate, for the purpose of using common methodologies for
120measuring impacts on transportation facilities for the purpose
121of implementing their concurrency management systems.
122     (b)  There shall be a limited exemption from Strategic
123Intermodal System adopted level-of-service standards for new
124development or redevelopment projects consistent with the local
125comprehensive plan as inland multimodal facilities, receiving or
126sending cargo for distribution and providing cargo storage,
127consolidation, and repackaging and transfer of goods, and, which
128may, if developed as proposed, include other intermodal
129terminals, related transportation facilities, warehousing and
130distribution, and associated office space, and light industrial,
131manufacturing, and assembly uses. The limited exemption shall
132apply if the project meets all of the following criteria:
133     1.  The project will not cause the adopted level-of-service
134on Strategic Intermodal System facilities to be exceeded by more
135than 150 percent within the first 5 years of the project's
136development.
137     2.  The project, upon completion, will result in the
138creation of at least 50 full-time jobs.
139     3.  The project is compatible with existing and planned
140adjacent land uses.
141     4.  The project is consistent with local and regional
142economic development goals or plans.
143     5.  The project is proximate to regionally significant road
144and rail transportation facilities.
145     Section 3.  Funding priority shall be given to improving
146Strategic Intermodal System segments anticipated to exceed the
147adopted level-of-service standards within the next 5 years as a
148result of new development or redevelopment projects as set forth
149in s. 163.3180(10)(b), Florida Statutes.
150     Section 4.  Subsection (3) of section 311.09, Florida
151Statutes, is amended to read:
152     311.09  Florida Seaport Transportation and Economic
153Development Council.-
154     (3)  The council shall prepare a 5-year Florida Seaport
155Mission Plan defining the goals and objectives of the council
156concerning the development of port facilities and an intermodal
157transportation system consistent with the goals of the Florida
158Transportation Plan developed pursuant to s. 339.155. The
159council shall include the modal integration and economic
160competitiveness plan included in the applicable local government
161comprehensive plan under s. 163.3177(6)(j)4. The Florida Seaport
162Mission Plan shall include specific recommendations for the
163construction of transportation facilities connecting any port to
164another transportation mode and for the efficient, cost-
165effective development of transportation facilities or port
166facilities for the purpose of enhancing international trade,
167promoting cargo flow, increasing cruise passenger movements,
168increasing port revenues, and providing economic benefits to the
169state. The council shall develop a priority list of projects
170based on these recommendations annually and shall submit the
171list to the Trade Infrastructure Investment Steering Committee
172created pursuant to s. 340.101. The council shall update the 5-
173year Florida Seaport Mission Plan annually and shall submit the
174plan no later than February 1 of each year to the President of
175the Senate; the Speaker of the House of Representatives; the
176Office of Tourism, Trade, and Economic Development; the
177Department of Transportation; and the Department of Community
178Affairs. The council shall develop programs, based on an
179examination of existing programs in Florida and other states,
180for the training of minorities and secondary school students in
181job skills associated with employment opportunities in the
182maritime industry, and report on progress and recommendations
183for further action to the President of the Senate and the
184Speaker 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
189enhancements for:
190     (a)  A transportation facility project that is on the State
191Highway System or that provides for increased mobility on the
192state's transportation system or provides for intermodal
193connectivity with airports, seaports, rail facilities, and other
194transportation terminals, pursuant to s. 341.053, for the
195movement of people and goods.
196     (7)  The final selection for loans shall be made by a State
197Infrastructure Bank Selection Committee composed of the
198Secretary of Transportation, the director of the Office of
199Tourism, Trade, and Economic Development, and a designated
200representative of the Trade Infrastructure Investment Steering
201Committee who is not one of the other two members of the
202committee. The State Infrastructure Bank Selection Committee
203shall give top priority to projects that promote economic
204development and create new permanent jobs as a top priority and
205The department may consider, but is not limited to, the
206following additional criteria for evaluation of projects for
207assistance from the bank:
208     (a)  The credit worthiness of the project.
209     (b)  A demonstration that the project will encourage,
210enhance, or create economic benefits.
211     (c)  The likelihood that assistance would enable the
212project to proceed at an earlier date than would otherwise be
213possible.
214     (d)  The extent to which assistance would foster innovative
215public-private partnerships and attract private debt or equity
216investment.
217     (e)  The extent to which the project would use new
218technologies, including intelligent transportation systems, that
219would enhance the efficient operation of the project.
220     (f)  The extent to which the project would maintain or
221protect the environment.
222     (g)  A demonstration that the project includes
223transportation benefits for improving intermodalism, cargo and
224freight movement, and safety.
225     (h)  The extent to which the project significantly improves
226the state's competitive position to compete for the movement of
227additional goods into and through this state in association with
228the widening of the Panama Canal.
229     (i)(h)  The amount of the proposed assistance as a
230percentage of the overall project costs with emphasis on local
231and private participation.
232     (j)(i)  The extent to which the project will provide for
233connectivity between the State Highway System and airports,
234seaports, rail facilities, and other transportation terminals
235and intermodal options pursuant to s. 341.053 for the increased
236accessibility and movement of people and goods.
237     (k)(j)  The extent to which damage from a disaster that
238results in a declaration of emergency has impacted a public
239transportation facility's ability to maintain its previous level
240of service and remain accessible to the public or has had a
241major impact on the cash flow or revenue-generation ability of
242the public-use facility.
243     Section 6.  Paragraph (b) of subsection (4) of section
244339.64, Florida Statutes, is amended to read:
245     339.64  Strategic Intermodal System Plan.-
246     (4)  The Strategic Intermodal System Plan shall include the
247following:
248     (b)  A project prioritization process. The Strategic
249Intermodal System projects shall be selected by a Strategic
250Intermodal System Project Selection Committee composed of the
251Secretary of Transportation, the department assistant
252secretaries, the director of the Office of Tourism, Trade, and
253Economic Development, and a designated representative of the
254Trade Infrastructure Investment Steering Committee other than
255the members of this committee. The Strategic Intermodal System
256Project Selection Committee shall give top priority to strategic
257projects that promote economic development and create new
258permanent jobs and may consider, but is not limited to, the
259additional criteria listed in this paragraph for the evaluation
260of projects for Strategic Intermodal System funding. The
261Strategic Intermodal System Project Selection Committee shall
262use these policies to add, advance, and delete Strategic
263Intermodal System projects for the department's 5-year work
264program developed in accordance with s. 339.135 and this shall
265pertain to the department's tentative 5-year work program for
266fiscal years 2011-2012 through 2015-2016 prior to the 5-year
267work program being adopted in accordance with s. 339.135.
268Additional criteria for the evaluation of projects for Strategic
269Intermodal System funding pursuant to this paragraph include,
270but are not limited to:
271     1.  A demonstration that the project will encourage,
272enhance, or create economic benefits.
273     2.  The extent to which the project would foster innovative
274public-private partnerships and attract private debt or equity
275investment.
276     3.  The extent to which the project would use new
277technologies, including intelligent transportation systems,
278which would enhance the efficient operation of the project.
279     4.  The extent to which the project would maintain or
280protect the environment.
281     5.  A demonstration that the project includes
282transportation benefits for improving intermodalism, cargo and
283freight movement, and safety.
284     6.  The extent to which the project significantly improves
285the state's competitive position to compete for the movement of
286additional goods into and through this state in association with
287the widening of the Panama Canal.
288     7.  The extent to which the project can generate revenue or
289matching funds provided by other project partners as a
290percentage of the overall project costs with emphasis on local
291and private participation.
292     8.  The extent to which the project can relieve major
293congestion to promote the more efficient movement of people and
294goods.
295     9.  The extent to which the project provides efficient
296choices for the public and private sector in the movement of
297people and goods such as express and truck-only lanes where HOV
298lanes are converted or new lanes are added that are tolled for a
299premium level of service.
300     10.  The extent to which the project will provide for
301connectivity between the State Highway System and airports,
302seaports, rail facilities, and other transportation terminals
303and intermodal options pursuant to s. 341.053 for the increased
304accessibility and movement of people and goods.
305     11.  The extent to which damage from a disaster that
306results in a declaration of emergency has impacted a Strategic
307Intermodal System facility's ability to maintain its previous
308level of service and remain accessible to the public or has had
309a major impact on the cash flow or revenue-generation ability of
310the public-use facility.
311     Section 7.  Chapter 340, Florida Statutes, consisting of
312sections 340.101 and 340.102, Florida Statutes, is created to
313read:
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
318Trade Infrastructure Investment Act."
319     (2)  PURPOSE.-The primary purpose of this section is to
320stimulate substantial increases in trade activities and
321opportunities in the state by identifying investment
322opportunities and incentives for projects that capture a larger
323share of the containerized imports originating in Asia and
324serving Florida businesses and consumers; expand export markets
325for Florida businesses; create more efficient logistics patterns
326that attract advanced manufacturing and other export-related
327industries to the state; expand the state's role as a hub for
328trade and investment; and enhance the supply chain system in the
329state to process, assemble, and ship goods to markets throughout
330the eastern United States, Canada, the Caribbean, and Latin
331America; and create new permanent jobs in the state.
332     (3)  TRADE INFRASTRUCTURE INVESTMENT STEERING COMMITTEE.-
333     (a)  The Trade Infrastructure Investment Steering Committee
334is created within the Office of the Governor. The committee
335shall consist of the following five members:
336     1.  One member shall be the director of the Office of
337Tourism, Trade, and Economic Development or the director's
338designee.
339     2.  One member shall be the Secretary of Transportation or
340the secretary's designee.
341     3.  One member shall be appointed by the Governor for a
342term of 4 years. This appointee must have significant experience
343in international business, transportation, law, or logistics.
344The initial appointment must be made by September 1, 2011.
345Absence from three consecutive meetings shall result in the
346automatic removal of such member. Any appointed member is
347eligible for reappointment.
348     4.  One member shall be appointed by the President of the
349Senate for an initial term of 2 years. Succeeding terms shall be
3504 years each. This appointee must be a private citizen who has
351significant experience in international business,
352transportation, law, or logistics. The initial appointment must
353be made by September 1, 2011. Absence from three consecutive
354meetings shall result in the automatic removal of such member.
355Any appointed member is eligible for reappointment.
356     5.  One member shall be appointed by the Speaker of the
357House of Representatives for an initial term of 2 years.
358Succeeding terms shall be 4 years each. This appointee must be a
359private citizen who has significant experience in international
360business, transportation, law, or logistics. The initial
361appointment must be made by September 1, 2011. Absence from
362three consecutive meetings shall result in the automatic removal
363of such member. Any appointed member is eligible for
364reappointment.
365     (b)  The Governor shall select a chair from among the
366members of the committee every 2 years. The committee shall
367select a vice chair from among the members of the committee
368every 2 years.
369     (c)  All committee members are required to disclose
370financial interests and clients pursuant to s. 112.3145.
371     (d)  Appointed members of the committee shall serve without
372compensation, but are entitled to reimbursement for all
373reasonable, necessary, and actual expenses as determined and
374approved by the committee pursuant to s. 112.061.
375     (e)  The committee may establish a schedule of meetings and
376meeting locations, but must meet at least quarterly. The initial
377meeting of the committee must occur by September 1, 2011.
378     (f)  The committee:
379     1.  May receive, hold, invest, and administer funds and
380make expenditures consistent with the purposes and provisions of
381this section.
382     2.  May make purchases, sales, exchanges, investment, and
383reinvestments for and on behalf of the funds received pursuant
384to this section.
385     3.  Shall maintain all official records related to its
386activities.
387     (4)  DUTIES AND RESPONSIBILITIES OF THE STEERING
388COMMITTEE.-The committee shall:
389     (a)  Advise the Governor and Legislature on programs,
390policies, investments, and other opportunities to transform the
391state's economy by becoming a hub for trade, logistics, and
392export-oriented activities.
393     (b)  Identify strategic investments in priority seaport
394trade infrastructure projects. The Florida Seaport
395Transportation and Economic Development Council, under
396311.09(3), shall provide the committee with a list of seaport
397projects that respond to business opportunities and contribute
398to the state's job growth and economic stability.
399     (c)  Identify strategic investments in priority airport
400trade infrastructure projects. The Department of Transportation
401and the Florida Airports Council shall provide the committee
402with a list of airport projects that respond to business
403opportunities and contribute to the state's job growth and
404economic stability.
405     (d)  Identify strategic investments in priority road and
406rail trade infrastructure projects. The Department of
407Transportation and the Florida Railroad Association shall
408provide the committee with a list of road and rail projects that
409respond to business opportunities and contribute to the state's
410job growth and economic stability.
411     (e)  Identify marketing tools, incentives, and support
412services to meet trade and logistics industry needs. Enterprise
413Florida, Inc., shall provide the committee with a list of
414marketing tools, incentives, and support services that respond
415to industry needs.
416     (f)  Review current state planning and funding programs,
417such as the Strategic Intermodal System, to ensure that
418sufficient and reliable funding for future strategic investments
419in the state's trade and economic development systems is
420available, including, but not limited to, a review of whether
421these programs have the ability to respond to and leverage the
422maximum amount of available federal dollars and provide
423significant incentives for investment by private sector
424businesses.
425     (g)  Designate a member other than the Secretary of
426Transportation or the director of the Office of Tourism, Trade,
427and Economic Development to serve on the State Infrastructure
428Bank Selection Committee as provided in s. 339.55.
429     (h)  Designate a member other than the Secretary of
430Transportation or the Director of the Office of Tourism, Trade,  
431and Economic Development to serve on the Strategic Intermodal
432System Project Selection Committee as provided in s. 339.64.
433     (i)  Select projects from the lists provided under
434paragraphs (b), (c), and (d), which shall be included by the
435Secretary of Transportation in the Department of
436Transportation's work program as part of the work program
437developed and managed in accordance with s. 339.135.
438     (5)  COMMITTEE STAFF AND EMPLOYEES.-One full-time
439equivalent position shall be provided by the Office of Tourism,
440Trade, and Economic Development for the committee. The committee
441shall be provided $300,000 annually from the State
442Transportation Trust Fund to employ consultants or other experts
443and to pay for travel expenses of committee members. Such
444expenses shall be paid directly from the State Transportation
445Trust Fund. The staff, under the direction of the committee,
446shall manage the operations of the committee and perform other
447duties to assist the committee in reviewing project applications
448and notifying applicants of the committee's investment
449decisions.
450     (6)  COMMITTEE REPORTING REQUIREMENTS.-Prior to December 1
451of each year, the committee shall submit to the Governor, the
452President of the Senate, and the Speaker of the House of
453Representatives a complete and detailed report on programs,
454policies, investments, and other opportunities identified
455pursuant to subsection (4). This report shall include methods
456for implementing and funding such findings.
457     340.102  Port, airport, and railroad intermodal plans.-
458     (1)  Each local governmental entity with comprehensive
459planning jurisdiction under part II of chapter 163 over
460deepwater ports listed in s. 311.09(1), airports, railroad
461facilities, or intermodal transportation projects may prepare a
462comprehensive economic development and expansion and intermodal
463transportation plan with a 10-year horizon. Each plan shall be
464incorporated into the applicable local government comprehensive
465plan at the next scheduled amendment of the local government
466comprehensive plan.
467     (2)  Each plan must include the following:
468     (a)  An economic development element that identifies
469targeted business opportunities for increasing business and
470attracting new business for which a particular facility has a
471strategic advantage over its competitors, identifies financial
472resources and other inducements to encourage growth of existing
473business and acquisition of new business, and provides a
474projected schedule for attainment of the plan's goals.
475     (b)  An infrastructure development and improvement element
476that identifies all projected infrastructure improvements within
477the plan area which require improvement, expansion, or
478development in order for a port, airport, or railroad to attain
479a strategic advantage for competition with national and
480international competitors.
481     (c)  An element that identifies all intermodal
482transportation facilities, including sea, air, rail, or road
483facilities, which are available or have potential, with
484improvements, to be available for necessary national and
485international commercial linkages and provides a plan for the
486integration of port, airport, and railroad activities with
487existing and planned transportation infrastructure.
488     (d)  An element that identifies physical, environmental,
489and regulatory barriers to achievement of the plan goals and
490provides recommendations for overcoming those barriers.
491     (e)  An intergovernmental coordination element that
492specifies modes and methods to coordinate plan goals and
493missions with the missions of the Department of Transportation,
494other state agencies, and affected local general-purpose
495governments.
496     (3)  Upon approval of a plan by a local general-purpose
497government, the port, airport, or railroad projects and
498activities identified by the plan shall constitute a priority
499list for state and local funding for transportation and related
500infrastructure projects for the Department of Transportation,
501the Office of Tourism, Trade, and Economic Development, the
502Department of Community Affairs, and all other state agencies.
503     (4)  Upon approval of a plan, state regulatory and land
504management agencies, including the Department of Environmental
505Protection, the water management districts created pursuant to
506chapter 373, and the Board of Trustees of the Internal
507Improvement Trust Fund, shall develop a memorandum of agreement
508for assisting each port in the expedited implementation of
509projects included in each plan.
510     Section 8.  Subsection (12) is added to section 373.406,
511Florida Statutes, to read:
512     373.406  Exemptions.-The following exemptions shall apply:
513     (12)  All overwater piers, docks, and similar structures
514located in a deepwater port listed in s. 311.09 are not part of
515a stormwater management system and are not impervious under this
516chapter or chapter 403 if the port has a Stormwater Pollution
517Prevention Plan pursuant to the National Pollutant Discharge
518Elimination System Program.
519     Section 9.  Subsection (8) of section 373.4133, Florida
520Statutes, is amended to read:
521     373.4133  Port conceptual permits.-
522     (8)  Except as otherwise provided in this section, the
523following procedures apply to the approval or denial of an
524application for a port conceptual permit or a final permit or
525authorization:
526     (a)  Applications for a port conceptual permit, including
527any request for the conceptual approval of the use of
528sovereignty submerged lands, shall be processed in accordance
529with the provisions of ss. 373.427 and 120.60. However, if the
530applicant believes that any request for additional information
531is not authorized by law or agency rule, the applicant may
532request an informal hearing pursuant to s. 120.57(2) before the
533Secretary of Environmental Protection to determine whether the
534application is complete.
535     (b)  Notwithstanding any other provision of law, the
536department shall issue a notice of intent within 30 days after
537receipt of an application for a port conceptual permit. Upon
538issuance of the department's notice of intent to issue or deny a
539port conceptual permit, the applicant shall publish a one-time
540notice of such intent, prepared by the department, in the
541newspaper with the largest general circulation in the county or
542counties where the port is located.
543     (c)  A notice of intent to issue a port conceptual permit
544creates a rebuttable presumption that development of the port or
545private facilities consistent with the approved port master plan
546complies with all applicable standards for issuance of a
547conceptual permit, an environmental resource permit, and
548sovereign lands authorization pursuant to this chapter and
549chapters 161, 253, and 403. The presumption may be overcome only
550by clear and convincing evidence.
551     (d)  Upon issuance and finalization of a port conceptual
552permit and, if necessary, an environmental resource permit or
553sovereign lands authorization pursuant to this section, the
554department shall notify the United States Army Corps of
555Engineers that the applicant is in compliance with all state
556water quality and regulatory requirements and shall issue any
557requested construction permit within 30 days after receipt of
558the request.
559     (e)(c)  Final agency action on a port conceptual permit is
560subject to challenge pursuant to ss. 120.569 and 120.57.
561However, final agency action to authorize subsequent
562construction of facilities contained in a port conceptual permit
563may only be challenged by a third party for consistency with the
564port conceptual permit.
565     (f)(d)  A person who will be substantially affected by a
566final agency action described in paragraph (e) (c) must initiate
567administrative proceedings pursuant to ss. 120.569 and 120.57
568within 21 days after the publication of the notice of the
569proposed action. If administrative proceedings are requested,
570the proceedings are subject to the summary hearing provisions of
571s. 120.574. However, if the decision of the administrative law
572judge will be a recommended order rather than a final order, a
573summary proceeding must be conducted within 90 days after a
574party files a motion for summary hearing, regardless of whether
575the parties agree to the summary proceeding.
576     Section 10.  Subsection (3) of section 403.813, Florida
577Statutes, is amended to read:
578     403.813  Permits issued at district centers; exceptions.-
579     (3)  A permit is not required under this chapter, chapter
580373, chapter 61-691, Laws of Florida, or chapter 25214 or
581chapter 25270, 1949, Laws of Florida, for maintenance dredging
582conducted under this section by the seaports of Jacksonville,
583Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
584Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
585Pensacola, Key West, and Fernandina or by inland navigation
586districts, if the dredging to be performed is no more than is
587necessary to meet the original design specifications or
588configurations, the work is conducted in compliance with s.
589379.2431(2)(d), and previously undisturbed natural areas are not
590significantly impacted. In addition:
591     (a)  A mixing zone for turbidity is granted within a 150-
592meter radius from the point of dredging while dredging is
593ongoing, except that the mixing zone may not extend into areas
594supporting wetland communities, submerged aquatic vegetation, or
595hardbottom communities.
596     (b)  The discharge of the return water from the site used
597for the disposal of dredged material shall be allowed only if
598such discharge does not result in a violation of water quality
599standards in the receiving waters. The return-water discharge
600into receiving waters shall be granted a mixing zone for
601turbidity within a 150-meter radius from the point of discharge
602into the receiving waters during and immediately after the
603dredging, except that the mixing zone may not extend into areas
604supporting wetland communities, submerged aquatic vegetation, or
605hardbottom communities. Ditches, pipes, and similar types of
606linear conveyances may not be considered receiving waters for
607the purposes of this subsection.
608     (c)  The state may not exact a charge for material that
609this subsection allows a public port or an inland navigation
610district to remove. In addition, consent to use any sovereignty
611submerged lands pursuant to this section is hereby granted.
612     (d)  The use of flocculants at the site used for disposal
613of the dredged material is allowed if the use, including
614supporting documentation, is coordinated in advance with the
615department and the department has determined that the use is not
616harmful to water resources.
617     (e)  If all requirements of the permit are satisfied, the
618spoil material may be deposited on a permitted disposal site or
619on a self-contained, upland spoil site that will prevent the
620escape of the spoil material into the waters of the state.
621     (f)(e)  This subsection does not prohibit maintenance
622dredging of areas where the loss of original design function and
623constructed configuration has been caused by a storm event,
624provided that the dredging is performed as soon as practical
625after the storm event. Maintenance dredging that commences
626within 3 years after the storm event shall be presumed to
627satisfy this provision. If more than 3 years are needed to
628commence the maintenance dredging after the storm event, a
629request for a specific time extension to perform the maintenance
630dredging shall be submitted to the department, prior to the end
631of the 3-year period, accompanied by a statement, including
632supporting documentation, demonstrating that contractors are not
633available or that additional time is needed to obtain
634authorization for the maintenance dredging from the United
635States Army Corps of Engineers.
636     Section 11.  This act shall take effect July 1, 2011.


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