Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for HB 283 Barcode 678282 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/02/2011 05:00 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Latvala moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 48 - 59 4 and insert: 5 Section 1. Subsection (4) of section 310.002, Florida 6 Statutes, is amended to read: 7 310.002 Definitions.—As used in this chapter, except where 8 the context clearly indicates otherwise: 9 (4) “Port” means any place in the state into which vessels 10 enter or depart and includes, without limitation, Fernandina, 11 Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port 12 Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key 13 West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port 14 Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola, 15 Carrabelle, Panama City, Port St. Joe, and Pensacola. 16 Section 2. Paragraph (c) of subsection (1) of section 17 374.976, Florida Statutes, is amended to read: 18 374.976 Authority to address impacts of waterway 19 development projects.— 20 (1) Each inland navigation district is empowered and 21 authorized to undertake programs intended to alleviate the 22 problems associated with its waterway or waterways, including, 23 but not limited to, the following: 24 (c) The district is authorized to aid and cooperate with 25 the Federal Government; state; member counties; nonmember 26 counties that contain any part of the intracoastal waterway 27 within their boundaries; navigation districts; the seaports of 28 Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm 29 Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, 30 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and 31 Fernandina; and local governments within the district in 32 planning and carrying out public navigation, local and regional 33 anchorage management, beach renourishment, public recreation, 34 inlet management, environmental education, and boating safety 35 projects, directly related to the waterways. The district is 36 also authorized to enter into cooperative agreements with the 37 United States Army Corps of Engineers, state, and member 38 counties, and to covenant in any such cooperative agreement to 39 pay part of the costs of acquisition, planning, development, 40 construction, reconstruction, extension, improvement, operation, 41 and maintenance of such projects. 42 Section 3. Subsection (9) of section 403.021, Florida 43 Statutes, is amended to read: 44 403.021 Legislative declaration; public policy.— 45 (9)(a) The Legislature finds and declares that it is 46 essential to preserve and maintain authorized water depth in the 47 existing navigation channels, port harbors, turning basins, and 48 harbor berths of this state in order to provide for the 49 continued safe navigation of deepwater shipping commerce. The 50 department shall recognize that maintenance of authorized water 51 depths consistent with port master plans developed pursuant to 52 s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and 53 necessary activity that is in the public interest; and it shall 54 develop a regulatory process that shall enable the ports of this 55 state to conduct such activities in an environmentally sound, 56 safe, expeditious, and cost-efficient manner. It is the further 57 intent of the Legislature that the permitting and enforcement of 58 dredging, dredged-material management, and other related 59 activities for Florida’s deepwater ports pursuant to this 60 chapter and chapters 161, 253, and 373 shall be consolidated 61 within the department’s Division of Water Resource Management 62 and, with the concurrence of the affected deepwater port or 63 ports, may be administered by a district office of the 64 department or delegated to an approved local environmental 65 program. 66 (b) The provisions of paragraph (a) apply only to the port 67 waters, dredged-material management sites, port harbors, 68 navigation channels, turning basins, and harbor berths used for 69 deepwater commercial navigation in the ports of Jacksonville, 70 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. 71 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. 72 Petersburg, Pensacola, Fernandina, and Key West. 73 Section 4. Subsection (26) of section 403.061, Florida 74 Statutes, is amended to read: 75 403.061 Department; powers and duties.—The department shall 76 have the power and the duty to control and prohibit pollution of 77 air and water in accordance with the law and rules adopted and 78 promulgated by it and, for this purpose, to: 79 (26)(a) Develop standards and criteria for waters used for 80 deepwater shipping which standards and criteria consider 81 existing water quality; appropriate mixing zones and other 82 requirements for maintenance dredging in previously constructed 83 deepwater navigation channels, port harbors, turning basins, or 84 harbor berths; and appropriate mixing zones for disposal of 85 spoil material from dredging and, where necessary, develop a 86 separate classification for such waters. Such classification, 87 standards, and criteria shall recognize that the present 88 dedicated use of these waters is for deepwater commercial 89 navigation. 90 (b) The provisions of paragraph (a) apply only to the port 91 waters, spoil disposal sites, port harbors, navigation channels, 92 turning basins, and harbor berths used for deepwater commercial 93 navigation in the ports of Jacksonville, Tampa, Port Everglades, 94 Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port 95 Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, 96 Florida Power Corporation’s Crystal River Canal, Boca Grande, 97 Green Cove Springs, and Pensacola. 98 99 The department shall implement such programs in conjunction with 100 its other powers and duties and shall place special emphasis on 101 reducing and eliminating contamination that presents a threat to 102 humans, animals or plants, or to the environment. 103 Section 5. Subsection (3) of section 403.813, Florida 104 Statutes, is amended to read: 105 403.813 Permits issued at district centers; exceptions.— 106 (3) For maintenance dredging conducted under this section 107 by the seaports of Jacksonville, Port Canaveral, Port Citrus, 108 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 109 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 110 West, and Fernandina or by inland navigation districts: 111 (a) A mixing zone for turbidity is granted within a 150 112 meter radius from the point of dredging while dredging is 113 ongoing, except that the mixing zone may not extend into areas 114 supporting wetland communities, submerged aquatic vegetation, or 115 hardbottom communities. 116 (b) The discharge of the return water from the site used 117 for the disposal of dredged material shall be allowed only if 118 such discharge does not result in a violation of water quality 119 standards in the receiving waters. The return-water discharge 120 into receiving waters shall be granted a mixing zone for 121 turbidity within a 150-meter radius from the point of discharge 122 during and immediately after the dredging, except that the 123 mixing zone may not extend into areas supporting wetland 124 communities, submerged aquatic vegetation, or hardbottom 125 communities. 126 (c) The state may not exact a charge for material that this 127 subsection allows a public port or an inland navigation district 128 to remove. 129 (d) The use of flocculants at the site used for disposal of 130 the dredged material is allowed if the use, including supporting 131 documentation, is coordinated in advance with the department and 132 the department has determined that the use is not harmful to 133 water resources. 134 (e) This subsection does not prohibit maintenance dredging 135 of areas where the loss of original design function and 136 constructed configuration has been caused by a storm event, 137 provided that the dredging is performed as soon as practical 138 after the storm event. Maintenance dredging that commences 139 within 3 years after the storm event shall be presumed to 140 satisfy this provision. If more than 3 years are needed to 141 commence the maintenance dredging after the storm event, a 142 request for a specific time extension to perform the maintenance 143 dredging shall be submitted to the department, prior to the end 144 of the 3-year period, accompanied by a statement, including 145 supporting documentation, demonstrating that contractors are not 146 available or that additional time is needed to obtain 147 authorization for the maintenance dredging from the United 148 States Army Corps of Engineers. 149 Section 6. Section 403.816, Florida Statutes, is amended to 150 read: 151 403.816 Permits for maintenance dredging of deepwater ports 152 and beach restoration projects.— 153 (1) The department shall establish a permit system under 154 this chapter and chapter 253 which provides for the performance, 155 for up to 25 years from the issuance of the original permit, of 156 maintenance dredging of permitted navigation channels, port 157 harbors, turning basins, harbor berths, and beach restoration 158 projects approved pursuant to chapter 161. However, permits 159 issued for dredging river channels which are not a part of a 160 deepwater port shall be valid for no more than five years. No 161 charge shall be exacted by the state for material removed during 162 such maintenance dredging by a public port authority. 163 (2) The provisions of s. 253.77 do not apply to a permit 164 for maintenance dredging and spoil site approval when there is 165 no change in the size or location of the spoil disposal site and 166 when the applicant provides documentation to the department that 167 the appropriate lease, easement, or consent of use for the 168 project site issued pursuant to chapter 253 is recorded in the 169 county where the project is located. 170 (3) The provisions of this section relating to ports apply 171 only to the port waters, spoil disposal sites, port harbors, 172 navigation channels, turning basins, and harbor berths used for 173 deepwater commercial navigation in the ports of Jacksonville, 174 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. 175 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. 176 Petersburg, Port Bartow, Florida Power Corporation’s Crystal 177 River Canal, Boca Grande, Green Cove Springs, and Pensacola. 178 Section 7. Subsection (1) of section 311.09, Florida 179 Statutes, is amended, and subsection (13) is added that section, 180 to read: 181 311.09 Florida Seaport Transportation and Economic 182 Development Council.— 183 (1) The Florida Seaport Transportation and Economic 184 Development Council is created within the Department of 185 Transportation. The council consists of the following 1817186 members: the port director, or the port director’s designee, of 187 each of the ports of Jacksonville, Port Canaveral, Port Citrus, 188 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 189 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 190 West, and Fernandina; the secretary of the Department of 191 Transportation or his or her designee; the director of the 192 Office of Tourism, Trade, and Economic Development or his or her 193 designee; and the secretary of the Department of Community 194 Affairs or his or her designee. 195 (13) Until July 1, 2014, Citrus County may apply for a 196 grant through the Florida Seaport Transportation and Economic 197 Development Council to perform a feasibility study regarding the 198 establishment of a port in Citrus County. The council shall 199 evaluate such application pursuant to subsections (5)–(9) and, 200 if approved, the Department of Transportation shall include the 201 feasibility study in its budget request pursuant to subsection 202 (10). If the study determines that a port in Citrus County is 203 not feasible, the membership of Port Citrus on the council shall 204 terminate. 205 206 ================= T I T L E A M E N D M E N T ================ 207 And the title is amended as follows: 208 Delete lines 2 - 8 209 and insert: 210 An act relating to seaports; amending s. 310.002, 211 F.S.; redefining the term “port” to include Port 212 Citrus; amending s. 374.976, F.S.; conforming 213 provisions to include Port Citrus in provisions 214 relating to the authority of inland navigation 215 districts; amending s. 403.021, F.S.; conforming 216 provisions to include Port Citrus in legislative 217 declarations relating to environmental control; 218 amending s. 403.061, F.S.; conforming provisions to 219 include Port Citrus in provisions relating to powers 220 of the Department of Environmental Protection; 221 amending s. 403.813, F.S.; conforming provisions to 222 include Port Citrus in provisions relating to permits 223 issued at Department of Environmental Protection 224 district centers; amending s. 403.816, F.S.; 225 conforming provisions to include Port Citrus in 226 provisions relating to certain maintenance projects at 227 deepwater ports and beach restoration projects; 228 amending s. 311.09, F.S.; including a representative 229 of Port Citrus as a member of the Florida Seaport 230 Transportation and Economic Development Council; 231 providing that Citrus County may apply for a grant for 232 a feasibility study through the Florida Seaport 233 Transportation and Economic Development Council; 234 providing for the evaluation of the application; 235 requiring the Department of Transportation to include 236 the study in its budget request under certain 237 circumstances; terminating the membership of Port 238 Citrus on the council under certain circumstances; 239 amending s.