| 1 | A bill to be entitled |
| 2 | An act relating to seaports; amending s. 311.07, F.S.; |
| 3 | increasing the amount of funds the Department of |
| 4 | Transportation is required to make available for the |
| 5 | Florida Seaport Transportation and Economic Development |
| 6 | Program; requiring the Florida Seaport Transportation and |
| 7 | Economic Development Council and the Assistant Secretary |
| 8 | of Intermodal Systems Development of the Department of |
| 9 | Transportation to identify certain state funds for the |
| 10 | purpose of funding the program; amending s. 311.09, F.S.; |
| 11 | increasing the amount of funding the department is |
| 12 | required to include in its annual legislative budget |
| 13 | request for the Florida Seaport Transportation and |
| 14 | Economic Development grant program; requiring the council |
| 15 | and the assistant secretary to identify certain state |
| 16 | funds for the purpose of funding the program; creating s. |
| 17 | 311.23, F.S.; establishing the Florida seaport |
| 18 | infrastructure bank within the Florida Seaport |
| 19 | Transportation and Economic Development Program to provide |
| 20 | loans and credit enhancements to certain deepwater |
| 21 | seaports and private entities for specified projects; |
| 22 | amending s. 320.20, F.S.; revising provisions for the |
| 23 | repayment of bonds relating to the Florida Seaport |
| 24 | Transportation and Economic Development Program; providing |
| 25 | for certain revenue bonds and other indebtedness relating |
| 26 | to the program to be issued by the Florida Ports Financing |
| 27 | Commission; providing requirements and procedures with |
| 28 | respect to funding for certain freight mobility projects; |
| 29 | amending s. 320.203, F.S.; conforming cross-references; |
| 30 | amending s. 373.406, F.S.; exempting overwater piers, |
| 31 | docks, and structures located in deepwater ports from |
| 32 | stormwater management system requirements under specified |
| 33 | conditions; amending s. 373.4133, F.S.; requiring the |
| 34 | Department of Environmental Protection to issue a notice |
| 35 | of intent for a port conceptual permit within a specified |
| 36 | time; providing that a notice of intent to issue such |
| 37 | permit creates a rebuttable presumption of compliance with |
| 38 | specified standards and authorization; providing a |
| 39 | standard for overcoming such a presumption; requiring the |
| 40 | department to issue certain permits within a specified |
| 41 | time and to notify specified entities of certain |
| 42 | compliance; providing an effective date. |
| 43 |
|
| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
|
| 46 | Section 1. Subsection (2) of section 311.07, Florida |
| 47 | Statutes, is amended to read: |
| 48 | 311.07 Florida seaport transportation and economic |
| 49 | development funding.- |
| 50 | (2) Beginning July 1, 2012, a minimum of $20 $8 million |
| 51 | per year shall be made available from the State Transportation |
| 52 | Trust Fund to fund the Florida Seaport Transportation and |
| 53 | Economic Development Program. Beginning July 1, 2013, the |
| 54 | Florida Seaport Transportation and Economic Development Council |
| 55 | and the Assistant Secretary for Intermodal Systems Development |
| 56 | shall identify a minimum of $50 million per year in state funds |
| 57 | that can be made available to fund the Florida Seaport |
| 58 | Transportation and Economic Development Program. |
| 59 | Section 2. Subsection (10) of section 311.09, Florida |
| 60 | Statutes, is amended to read: |
| 61 | 311.09 Florida Seaport Transportation and Economic |
| 62 | Development Council.- |
| 63 | (10)(a) Beginning July 1, 2012, the Department of |
| 64 | Transportation shall include in its annual legislative budget |
| 65 | request a Florida Seaport Transportation and Economic |
| 66 | Development grant program for expenditure of funds of not less |
| 67 | than $20 $8 million per year. Such budget shall include funding |
| 68 | for projects approved by the council which have been determined |
| 69 | by each agency to be consistent and which have been determined |
| 70 | by the Office of Tourism, Trade, and Economic Development to be |
| 71 | economically beneficial. The department shall include the |
| 72 | specific approved seaport projects to be funded under this |
| 73 | section during the ensuing fiscal year in the tentative work |
| 74 | program developed pursuant to s. 339.135(4). The total amount of |
| 75 | funding to be allocated to seaport projects under s. 311.07 |
| 76 | during the successive 4 fiscal years shall also be included in |
| 77 | the tentative work program developed pursuant to s. 339.135(4). |
| 78 | The council may submit to the department a list of approved |
| 79 | projects that could be made production-ready within the next 2 |
| 80 | years. The list shall be submitted by the department as part of |
| 81 | the needs and project list prepared pursuant to s. |
| 82 | 339.135(2)(b). However, the department shall, upon written |
| 83 | request of the Florida Seaport Transportation and Economic |
| 84 | Development Council, submit work program amendments pursuant to |
| 85 | s. 339.135(7) to the Governor within 10 days after the later of |
| 86 | the date the request is received by the department or the |
| 87 | effective date of the amendment, termination, or closure of the |
| 88 | applicable funding agreement between the department and the |
| 89 | affected seaport, as required to release the funds from the |
| 90 | existing commitment. Notwithstanding s. 339.135(7)(c), any work |
| 91 | program amendment to transfer prior year funds from one approved |
| 92 | seaport project to another seaport project is subject to the |
| 93 | procedures in s. 339.135(7)(d). Notwithstanding any provision of |
| 94 | law to the contrary, the department may transfer unexpended |
| 95 | budget between the seaport projects as identified in the |
| 96 | approved work program amendments. |
| 97 | (b) Beginning July 1, 2013, the council and the Assistant |
| 98 | Secretary for Intermodal Systems Development shall identify a |
| 99 | minimum of $50 million per year in state funds that can be made |
| 100 | available to fund the Florida Seaport Transportation and |
| 101 | Economic Development Program. |
| 102 | Section 3. Section 311.23, Florida Statutes, is created to |
| 103 | read: |
| 104 | 311.23 Florida seaport infrastructure bank.- |
| 105 | (1) There is created within the Florida Seaport |
| 106 | Transportation and Economic Development Program an |
| 107 | infrastructure bank for the purpose of providing loans and |
| 108 | credit enhancements to deepwater seaports listed in s. 311.09 |
| 109 | and private entities operating in such seaports for use in |
| 110 | constructing and improving port transportation and port |
| 111 | facilities projects that improve the movement and intermodal |
| 112 | transportation of cargo and passengers in commerce and trade. |
| 113 | (2) The bank may lend capital costs or provide credit |
| 114 | enhancements for: |
| 115 | (a) Port transportation or port facilities projects that: |
| 116 | 1. Are approved pursuant to s. 311.09. |
| 117 | 2. Are on the State Intermodal System. |
| 118 | 3. Provide intermodal connectivity with airports, |
| 119 | roadways, rail facilities, and other transportation terminals, |
| 120 | pursuant to s. 341.053, for the movement of people and goods. |
| 121 | (b)1. Emergency loans for damages incurred to deepwater |
| 122 | seaports listed in s. 311.09 that are within an area that is |
| 123 | part of an official state declaration of emergency pursuant to |
| 124 | chapter 252 and all other applicable laws. Such loans: |
| 125 | a. May not exceed 24 months in duration except in extreme |
| 126 | circumstances, for which the chair of the Florida Seaport |
| 127 | Transportation and Economic Development Council may grant up to |
| 128 | 36 months upon making written findings specifying the conditions |
| 129 | requiring a 36-month term. |
| 130 | b. Require application from the recipient to the council |
| 131 | that includes documentation of damage claims filed with the |
| 132 | Federal Emergency Management Agency or an applicable insurance |
| 133 | carrier and documentation of the recipient's overall financial |
| 134 | condition. |
| 135 | 2. Loans provided under this paragraph must be repaid upon |
| 136 | receipt by the recipient of eligible program funding for damages |
| 137 | in accordance with the claims filed with the Federal Emergency |
| 138 | Management Agency or an applicable insurance carrier, but no |
| 139 | later than the duration of the loan. |
| 140 | (3) Loans from the bank may be subordinated to senior |
| 141 | project debt that has an investment grade rating of "BBB" or |
| 142 | higher. |
| 143 | (4) Loans from the bank may bear interest at or below |
| 144 | market interest rates, as determined by the council. Repayment |
| 145 | of any loan shall commence not later than 5 years after the |
| 146 | project has been completed, except for loans provided under |
| 147 | paragraph (2)(b), which shall be repaid within 36 months. |
| 148 | (5) To be eligible for consideration, projects must be |
| 149 | approved as eligible for funding by the council pursuant to s. |
| 150 | 311.09 and must provide a dedicated repayment source to ensure |
| 151 | the loan is repaid to the bank. |
| 152 | (6) In addition to the requirements of s. 311.09, the |
| 153 | council may consider, but is not limited to, the following |
| 154 | criteria for evaluation of projects for assistance from the |
| 155 | bank: |
| 156 | (a) The credit worthiness of the project. |
| 157 | (b) The likelihood that assistance would enable the |
| 158 | project to proceed at an earlier date than would otherwise be |
| 159 | possible. |
| 160 | (c) The extent to which assistance would foster innovative |
| 161 | public-private partnerships and attract private debt or equity |
| 162 | investment. |
| 163 | (d) The amount of the proposed assistance as a percentage |
| 164 | of the overall project costs with emphasis on local and private |
| 165 | participation. |
| 166 | (e) The extent to which damage from a disaster that |
| 167 | results in a declaration of emergency has impacted a deepwater |
| 168 | seaport's ability to maintain its previous level of service and |
| 169 | remain accessible to the public or has had a major impact on the |
| 170 | cash flow or revenue-generation ability of the facility. |
| 171 | (7) The council may adopt rules to implement the seaport |
| 172 | infrastructure bank. |
| 173 | (8) The council may use any available funds appropriated |
| 174 | by the Legislature pursuant to s. 311.07 or s. 320.20 for the |
| 175 | purposes of the seaport infrastructure bank. |
| 176 | Section 4. Subsections (3) and (4) of section 320.20, |
| 177 | Florida Statutes, are amended, subsection (5) is renumbered as |
| 178 | subsection (6), and a new subsection (5) is added to that |
| 179 | section, to read: |
| 180 | 320.20 Disposition of license tax moneys.-The revenue |
| 181 | derived from the registration of motor vehicles, including any |
| 182 | delinquent fees and excluding those revenues collected and |
| 183 | distributed under the provisions of s. 320.081, must be |
| 184 | distributed monthly, as collected, as follows: |
| 185 | (3) Notwithstanding any other provision of law except |
| 186 | subsections (1) and (2), on July 1, 1996, and annually |
| 187 | thereafter, $15 million shall be deposited in the State |
| 188 | Transportation Trust Fund solely for the purposes of funding the |
| 189 | Florida Seaport Transportation and Economic Development Program |
| 190 | as provided for in chapter 311. Such revenues shall be |
| 191 | distributed on a 50-50 matching basis to any port listed in s. |
| 192 | 311.09(1) to be used for funding projects as described in s. |
| 193 | 311.07(3)(b). Such revenues may be assigned, pledged, or set |
| 194 | aside as a trust for the payment of principal or interest on |
| 195 | bonds, tax anticipation certificates, or any other form of |
| 196 | indebtedness issued by an individual port or appropriate local |
| 197 | government having jurisdiction thereof, or collectively by |
| 198 | interlocal agreement among any of the ports, or used to purchase |
| 199 | credit support to permit such borrowings. However, such debt |
| 200 | shall not constitute a general obligation of the State of |
| 201 | Florida. The state does hereby covenant with holders of such |
| 202 | revenue bonds or other instruments of indebtedness issued |
| 203 | hereunder that it will not repeal or impair or amend in any |
| 204 | manner which will materially and adversely affect the rights of |
| 205 | such holders so long as bonds authorized by this section are |
| 206 | outstanding. Any revenues which are not pledged to the repayment |
| 207 | of bonds as authorized by this section may be utilized for |
| 208 | purposes authorized under the Florida Seaport Transportation and |
| 209 | Economic Development Program. This revenue source is in addition |
| 210 | to any amounts provided for and appropriated in accordance with |
| 211 | s. 311.07. The Florida Seaport Transportation and Economic |
| 212 | Development Council shall approve distribution of funds to ports |
| 213 | for projects which have been approved pursuant to s. 311.09(5)- |
| 214 | (9). The council and the Department of Transportation are |
| 215 | authorized to perform such acts as are required to facilitate |
| 216 | and implement the provisions of this subsection. To better |
| 217 | enable the ports to cooperate to their mutual advantage, the |
| 218 | governing body of each port may exercise powers provided to |
| 219 | municipalities or counties in s. 163.01(7)(d) subject to the |
| 220 | provisions of chapter 311 and special acts, if any, pertaining |
| 221 | to a port. The use of funds provided pursuant to this subsection |
| 222 | are limited to eligible projects listed in this subsection. |
| 223 | Income derived from a project completed with the use of program |
| 224 | funds, beyond operating costs and debt service, shall be |
| 225 | restricted to further port capital improvements consistent with |
| 226 | maritime purposes and for no other purpose. Use of such income |
| 227 | for nonmaritime purposes is prohibited. The provisions of s. |
| 228 | 311.07(4) do not apply to any funds received pursuant to this |
| 229 | subsection. The revenues available under this subsection shall |
| 230 | not be pledged to the payment of any bonds other than the |
| 231 | Florida Ports Financing Commission Series 1996 and Series 1999 |
| 232 | Bonds currently outstanding; provided, however, such revenues |
| 233 | may be pledged to secure payment of refunding bonds to refinance |
| 234 | the Florida Ports Financing Commission Series 1996 and Series |
| 235 | 1999 Bonds. No refunding bonds secured by revenues available |
| 236 | under this subsection may be issued with a final maturity later |
| 237 | than the final maturity of the Florida Ports Financing |
| 238 | Commission Series 1996 and Series 1999 Bonds or which provide |
| 239 | for higher debt service in any year than is currently payable on |
| 240 | such bonds. Any revenue bonds or other indebtedness issued after |
| 241 | July 1, 2011 2000, other than refunding bonds shall be issued by |
| 242 | the Florida Ports Financing Commission in such a manner as to |
| 243 | ensure that the greatest amount of revenue is available for |
| 244 | eligible ports projects. The commission may consult with the |
| 245 | Division of Bond Finance relating to the issuance of any revenue |
| 246 | bonds at the request of the Department of Transportation |
| 247 | pursuant to the State Bond Act. |
| 248 | (4) Notwithstanding any other provision of law except |
| 249 | subsections (1), (2), and (3), on July 1, 1999, and annually |
| 250 | thereafter, $10 million shall be deposited in the State |
| 251 | Transportation Trust Fund solely for the purposes of funding the |
| 252 | Florida Seaport Transportation and Economic Development Program |
| 253 | as provided in chapter 311 and for funding seaport intermodal |
| 254 | access projects of statewide significance as provided in s. |
| 255 | 341.053. Such revenues shall be distributed to any port listed |
| 256 | in s. 311.09(1), to be used for funding projects as follows: |
| 257 | (a) For any seaport intermodal access projects that are |
| 258 | identified in the 1997-1998 Tentative Work Program of the |
| 259 | Department of Transportation, up to the amounts needed to offset |
| 260 | the funding requirements of this section. |
| 261 | (b) For seaport intermodal access projects as described in |
| 262 | s. 341.053(5) that are identified in the 5-year Florida Seaport |
| 263 | Mission Plan as provided in s. 311.09(3). Funding for such |
| 264 | projects shall be on a matching basis as mutually determined by |
| 265 | the Florida Seaport Transportation and Economic Development |
| 266 | Council and the Department of Transportation, provided a minimum |
| 267 | of 25 percent of total project funds shall come from any port |
| 268 | funds, local funds, private funds, or specifically earmarked |
| 269 | federal funds. |
| 270 | (c) On a 50-50 matching basis for projects as described in |
| 271 | s. 311.07(3)(b). |
| 272 | (d) For seaport intermodal access projects that involve |
| 273 | the dredging or deepening of channels, turning basins, or |
| 274 | harbors; or the rehabilitation of wharves, docks, or similar |
| 275 | structures. Funding for such projects shall require a 25 percent |
| 276 | match of the funds received pursuant to this subsection. |
| 277 | Matching funds shall come from any port funds, federal funds, |
| 278 | local funds, or private funds. |
| 279 |
|
| 280 | Such revenues may be assigned, pledged, or set aside as a trust |
| 281 | for the payment of principal or interest on bonds, tax |
| 282 | anticipation certificates, or any other form of indebtedness |
| 283 | issued by an individual port or appropriate local government |
| 284 | having jurisdiction thereof, or collectively by interlocal |
| 285 | agreement among any of the ports, or used to purchase credit |
| 286 | support to permit such borrowings. However, such debt shall not |
| 287 | constitute a general obligation of the state. This state does |
| 288 | hereby covenant with holders of such revenue bonds or other |
| 289 | instruments of indebtedness issued hereunder that it will not |
| 290 | repeal or impair or amend this subsection in any manner which |
| 291 | will materially and adversely affect the rights of holders so |
| 292 | long as bonds authorized by this subsection are outstanding. Any |
| 293 | revenues that are not pledged to the repayment of bonds as |
| 294 | authorized by this section may be utilized for purposes |
| 295 | authorized under the Florida Seaport Transportation and Economic |
| 296 | Development Program. This revenue source is in addition to any |
| 297 | amounts provided for and appropriated in accordance with s. |
| 298 | 311.07 and subsection (3). The Florida Seaport Transportation |
| 299 | and Economic Development Council shall approve distribution of |
| 300 | funds to ports for projects that have been approved pursuant to |
| 301 | s. 311.09(5)-(9), or for seaport intermodal access projects |
| 302 | identified in the 5-year Florida Seaport Mission Plan as |
| 303 | provided in s. 311.09(3) and mutually agreed upon by the FSTED |
| 304 | Council and the Department of Transportation. All contracts for |
| 305 | actual construction of projects authorized by this subsection |
| 306 | must include a provision encouraging employment of participants |
| 307 | in the welfare transition program. The goal for employment of |
| 308 | participants in the welfare transition program is 25 percent of |
| 309 | all new employees employed specifically for the project, unless |
| 310 | the Department of Transportation and the Florida Seaport |
| 311 | Transportation and Economic Development Council demonstrate that |
| 312 | such a requirement would severely hamper the successful |
| 313 | completion of the project. In such an instance, Workforce |
| 314 | Florida, Inc., shall establish an appropriate percentage of |
| 315 | employees that must be participants in the welfare transition |
| 316 | program. The council and the Department of Transportation are |
| 317 | authorized to perform such acts as are required to facilitate |
| 318 | and implement the provisions of this subsection. To better |
| 319 | enable the ports to cooperate to their mutual advantage, the |
| 320 | governing body of each port may exercise powers provided to |
| 321 | municipalities or counties in s. 163.01(7)(d) subject to the |
| 322 | provisions of chapter 311 and special acts, if any, pertaining |
| 323 | to a port. The use of funds provided pursuant to this subsection |
| 324 | is limited to eligible projects listed in this subsection. The |
| 325 | provisions of s. 311.07(4) do not apply to any funds received |
| 326 | pursuant to this subsection. The revenues available under this |
| 327 | subsection shall not be pledged to the payment of any bonds |
| 328 | other than the Florida Ports Financing Commission Series 1996 |
| 329 | and Series 1999 Bonds currently outstanding; provided, however, |
| 330 | such revenues may be pledged to secure payment of refunding |
| 331 | bonds to refinance the Florida Ports Financing Commission Series |
| 332 | 1996 and Series 1999 Bonds. No refunding bonds secured by |
| 333 | revenues available under this subsection may be issued with a |
| 334 | final maturity later than the final maturity of the Florida |
| 335 | Ports Financing Commission Series 1996 and Series 1999 Bonds or |
| 336 | which provide for higher debt service in any year than is |
| 337 | currently payable on such bonds. Any revenue bonds or other |
| 338 | indebtedness issued after July 1, 2011 2000, other than |
| 339 | refunding bonds shall be issued by the Florida Ports Financing |
| 340 | Commission in such a manner as to ensure that the greatest |
| 341 | amount of revenue is available for eligible ports projects. The |
| 342 | commission may consult with the Division of Bond Finance |
| 343 | relating to the issuance of any revenue bonds at the request of |
| 344 | the Department of Transportation pursuant to the State Bond Act. |
| 345 | (5)(a) Notwithstanding any other provision of law except |
| 346 | subsections (1), (2), (3), and (4), on July 1, 2014, and |
| 347 | annually thereafter, $10 million shall be deposited, subject to |
| 348 | appropriation, in the State Transportation Trust Fund solely for |
| 349 | the purpose of funding freight mobility projects that improve |
| 350 | throughput or provide long-term congestion relief for freight |
| 351 | movement for a part of the state's transportation network and |
| 352 | improve economic productivity for the state or the region in |
| 353 | which the projects are located. |
| 354 | (b) Freight mobility projects shall include on-port |
| 355 | projects identified by the Florida Seaport Transportation and |
| 356 | Economic Development Council that meet the Department of |
| 357 | Transportation's Strategic Intermodal System criteria or are |
| 358 | regionally significant freight projects that are eligible for |
| 359 | federal dollars consistent with criteria developed for federal |
| 360 | freight transportation grant programs. |
| 361 | (c) The revenues shall be distributed to any port listed |
| 362 | in s. 311.09(1) to be used for funding such projects. Funding |
| 363 | shall require at least a 25 percent match of funds received |
| 364 | pursuant to this subsection. Matching funds must come from any |
| 365 | available port funds, federal funds, local funds, or private |
| 366 | funds. |
| 367 |
|
| 368 | Such revenues may be assigned, pledged, or set aside as a trust |
| 369 | for the payment of principal or interest on bonds, tax |
| 370 | anticipation certificates, or any other form of indebtedness |
| 371 | issued by an individual port or appropriate local government |
| 372 | having jurisdiction thereof, or collectively by interlocal |
| 373 | agreement among any of the ports, or used to purchase credit |
| 374 | support to permit such borrowings. However, such debt does not |
| 375 | constitute a general obligation of the state. The state |
| 376 | covenants with holders of such bonds that it will not repeal or |
| 377 | impair or amend this subsection in any manner that materially |
| 378 | and adversely affects the rights of holders so long as bonds |
| 379 | authorized by this subsection are outstanding. Any revenues that |
| 380 | are not pledged for the repayment of bonds may be used for |
| 381 | purposes authorized under the Florida Seaport Transportation and |
| 382 | Economic Development Program. This is in addition to any amounts |
| 383 | provided for and appropriated in accordance with s. 311.07 and |
| 384 | subsections (3) and (4). The Florida Seaport Transportation and |
| 385 | Economic Development Council shall submit to the Department of |
| 386 | Transportation a list of strategic freight mobility projects |
| 387 | that contribute to the economic productivity of the state and |
| 388 | that have been approved pursuant to s. 311.09(5)-(9). The |
| 389 | council and the Department of Transportation shall mutually |
| 390 | agree upon the prioritization and selection of projects for |
| 391 | funding. The Department of Transportation shall include the |
| 392 | selected projects for funding in the tentative work program |
| 393 | developed pursuant to s. 339.135. The council and the Department |
| 394 | of Transportation may perform such acts as are required to |
| 395 | facilitate and implement this subsection, including the funding |
| 396 | of approved projects through the use of other state funding |
| 397 | programs, local contributions from seaports, public-private |
| 398 | partnerships, and other non-federal contributions that can be |
| 399 | used to leverage federal investments. To better enable the ports |
| 400 | to cooperate for their mutual advantage, the governing body of |
| 401 | each port may exercise powers provided to municipalities or |
| 402 | counties in s. 163.01(7)(d), subject to chapter 311 and any |
| 403 | special acts pertaining to the port. The use of funds provided |
| 404 | under this subsection is limited to eligible projects listed in |
| 405 | this subsection. Any revenue bonds or other indebtedness issued |
| 406 | pursuant to this subsection shall be issued by the Florida Ports |
| 407 | Financing Commission in such a manner as to ensure that the |
| 408 | greatest amount of revenue is available for eligible port |
| 409 | projects. The commission may consult with the Division of Bond |
| 410 | Finance relating to the issuance of any revenue bonds. |
| 411 | Section 5. Subsection (1) of section 320.203, Florida |
| 412 | Statutes, is amended to read: |
| 413 | 320.203 Disposition of biennial license tax moneys.- |
| 414 | (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or |
| 415 | (b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 |
| 416 | and pursuant to s. 216.351, after the provisions of s. |
| 417 | 320.20(1), (2), (3), (4), and (5), and (6) are fulfilled, an |
| 418 | amount equal to 50 percent of revenues collected from the |
| 419 | biennial registrations created in s. 320.07 shall be retained in |
| 420 | the Motor Vehicle License Clearing Trust Fund, authorized in s. |
| 421 | 215.32(2)(b)2.f., until July 1. After July 1 of the subsequent |
| 422 | fiscal year, an amount equal to 50 percent of revenues collected |
| 423 | from the biennial registrations created in s. 320.07 shall be |
| 424 | distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b), |
| 425 | (6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and |
| 426 | 320.20(1), (2), (3), (4), and (5), and (6). |
| 427 | Section 6. Subsection (12) is added to section 373.406, |
| 428 | Florida Statutes, to read: |
| 429 | 373.406 Exemptions.-The following exemptions shall apply: |
| 430 | (12) All overwater piers, docks, and similar structures |
| 431 | located in a deepwater port listed in s. 311.09 are not part of |
| 432 | a stormwater management system and are not impervious under this |
| 433 | chapter or chapter 403 if the port has a Stormwater Pollution |
| 434 | Prevention Plan pursuant to the National Pollutant Discharge |
| 435 | Elimination System Program. |
| 436 | Section 7. Subsection (8) of section 373.4133, Florida |
| 437 | Statutes, is amended to read: |
| 438 | 373.4133 Port conceptual permits.- |
| 439 | (8) Except as otherwise provided in this section, the |
| 440 | following procedures apply to the approval or denial of an |
| 441 | application for a port conceptual permit or a final permit or |
| 442 | authorization: |
| 443 | (a) Applications for a port conceptual permit, including |
| 444 | any request for the conceptual approval of the use of |
| 445 | sovereignty submerged lands, shall be processed in accordance |
| 446 | with the provisions of ss. 373.427 and 120.60. However, if the |
| 447 | applicant believes that any request for additional information |
| 448 | is not authorized by law or agency rule, the applicant may |
| 449 | request an informal hearing pursuant to s. 120.57(2) before the |
| 450 | Secretary of Environmental Protection to determine whether the |
| 451 | application is complete. |
| 452 | (b) Notwithstanding any other provision of law, the |
| 453 | department shall issue a notice of intent within 30 days after |
| 454 | receipt of an application for a port conceptual permit. Upon |
| 455 | issuance of the department's notice of intent to issue or deny a |
| 456 | port conceptual permit, the applicant shall publish a one-time |
| 457 | notice of such intent, prepared by the department, in the |
| 458 | newspaper with the largest general circulation in the county or |
| 459 | counties where the port is located. |
| 460 | (c) A notice of intent to issue a port conceptual permit |
| 461 | creates a rebuttable presumption that development of the port or |
| 462 | private facilities consistent with the approved port master plan |
| 463 | complies with all applicable standards for issuance of a |
| 464 | conceptual permit, an environmental resource permit, and |
| 465 | sovereign lands authorization pursuant to chapters 161, 253, |
| 466 | 373, and 403. The presumption may be overcome only by clear and |
| 467 | convincing evidence. |
| 468 | (d) Upon issuance and finalization of a port conceptual |
| 469 | permit, and, if necessary, an environmental resource permit or |
| 470 | sovereign lands authorization pursuant to this section, the |
| 471 | department shall notify the United States Army Corps of |
| 472 | Engineers that the applicant is in compliance with all state |
| 473 | water quality and regulatory requirements and shall issue any |
| 474 | requested construction permit within 30 days after receipt of |
| 475 | the request. |
| 476 | (e)(c) Final agency action on a port conceptual permit is |
| 477 | subject to challenge pursuant to ss. 120.569 and 120.57. |
| 478 | However, final agency action to authorize subsequent |
| 479 | construction of facilities contained in a port conceptual permit |
| 480 | may only be challenged by a third party for consistency with the |
| 481 | port conceptual permit. |
| 482 | (f)(d) A person who will be substantially affected by a |
| 483 | final agency action described in paragraph (e) (c) must initiate |
| 484 | administrative proceedings pursuant to ss. 120.569 and 120.57 |
| 485 | within 21 days after the publication of the notice of the |
| 486 | proposed action. If administrative proceedings are requested, |
| 487 | the proceedings are subject to the summary hearing provisions of |
| 488 | s. 120.574. However, if the decision of the administrative law |
| 489 | judge will be a recommended order rather than a final order, a |
| 490 | summary proceeding must be conducted within 90 days after a |
| 491 | party files a motion for summary hearing, regardless of whether |
| 492 | the parties agree to the summary proceeding. |
| 493 | Section 8. This act shall take effect July 1, 2011. |