HB 399

1
A bill to be entitled
2An act relating to seaports; amending s. 311.07, F.S.;
3increasing the amount of funds the Department of
4Transportation is required to make available for the
5Florida Seaport Transportation and Economic Development
6Program; requiring the Florida Seaport Transportation and
7Economic Development Council and the Assistant Secretary
8of Intermodal Systems Development of the Department of
9Transportation to identify certain state funds for the
10purpose of funding the program; amending s. 311.09, F.S.;
11increasing the amount of funding the department is
12required to include in its annual legislative budget
13request for the Florida Seaport Transportation and
14Economic Development grant program; requiring the council
15and the assistant secretary to identify certain state
16funds for the purpose of funding the program; creating s.
17311.23, F.S.; establishing the Florida seaport
18infrastructure bank within the Florida Seaport
19Transportation and Economic Development Program to provide
20loans and credit enhancements to certain deepwater
21seaports and private entities for specified projects;
22amending s. 320.20, F.S.; revising provisions for the
23repayment of bonds relating to the Florida Seaport
24Transportation and Economic Development Program; providing
25for certain revenue bonds and other indebtedness relating
26to the program to be issued by the Florida Ports Financing
27Commission; providing requirements and procedures with
28respect to funding for certain freight mobility projects;
29amending s. 320.203, F.S.; conforming cross-references;
30amending s. 373.406, F.S.; exempting overwater piers,
31docks, and structures located in deepwater ports from
32stormwater management system requirements under specified
33conditions; amending s. 373.4133, F.S.; requiring the
34Department of Environmental Protection to issue a notice
35of intent for a port conceptual permit within a specified
36time; providing that a notice of intent to issue such
37permit creates a rebuttable presumption of compliance with
38specified standards and authorization; providing a
39standard for overcoming such a presumption; requiring the
40department to issue certain permits within a specified
41time and to notify specified entities of certain
42compliance; providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Subsection (2) of section 311.07, Florida
47Statutes, is amended to read:
48     311.07  Florida seaport transportation and economic
49development funding.-
50     (2)  Beginning July 1, 2012, a minimum of $20 $8 million
51per year shall be made available from the State Transportation
52Trust Fund to fund the Florida Seaport Transportation and
53Economic Development Program. Beginning July 1, 2013, the
54Florida Seaport Transportation and Economic Development Council
55and the Assistant Secretary for Intermodal Systems Development
56shall identify a minimum of $50 million per year in state funds
57that can be made available to fund the Florida Seaport
58Transportation and Economic Development Program.
59     Section 2.  Subsection (10) of section 311.09, Florida
60Statutes, is amended to read:
61     311.09  Florida Seaport Transportation and Economic
62Development Council.-
63     (10)(a)  Beginning July 1, 2012, the Department of
64Transportation shall include in its annual legislative budget
65request a Florida Seaport Transportation and Economic
66Development grant program for expenditure of funds of not less
67than $20 $8 million per year. Such budget shall include funding
68for projects approved by the council which have been determined
69by each agency to be consistent and which have been determined
70by the Office of Tourism, Trade, and Economic Development to be
71economically beneficial. The department shall include the
72specific approved seaport projects to be funded under this
73section during the ensuing fiscal year in the tentative work
74program developed pursuant to s. 339.135(4). The total amount of
75funding to be allocated to seaport projects under s. 311.07
76during the successive 4 fiscal years shall also be included in
77the tentative work program developed pursuant to s. 339.135(4).
78The council may submit to the department a list of approved
79projects that could be made production-ready within the next 2
80years. The list shall be submitted by the department as part of
81the needs and project list prepared pursuant to s.
82339.135(2)(b). However, the department shall, upon written
83request of the Florida Seaport Transportation and Economic
84Development Council, submit work program amendments pursuant to
85s. 339.135(7) to the Governor within 10 days after the later of
86the date the request is received by the department or the
87effective date of the amendment, termination, or closure of the
88applicable funding agreement between the department and the
89affected seaport, as required to release the funds from the
90existing commitment. Notwithstanding s. 339.135(7)(c), any work
91program amendment to transfer prior year funds from one approved
92seaport project to another seaport project is subject to the
93procedures in s. 339.135(7)(d). Notwithstanding any provision of
94law to the contrary, the department may transfer unexpended
95budget between the seaport projects as identified in the
96approved work program amendments.
97     (b)  Beginning July 1, 2013, the council and the Assistant
98Secretary for Intermodal Systems Development shall identify a
99minimum of $50 million per year in state funds that can be made
100available to fund the Florida Seaport Transportation and
101Economic Development Program.
102     Section 3.  Section 311.23, Florida Statutes, is created to
103read:
104     311.23  Florida seaport infrastructure bank.-
105     (1)  There is created within the Florida Seaport
106Transportation and Economic Development Program an
107infrastructure bank for the purpose of providing loans and
108credit enhancements to deepwater seaports listed in s. 311.09
109and private entities operating in such seaports for use in
110constructing and improving port transportation and port
111facilities projects that improve the movement and intermodal
112transportation of cargo and passengers in commerce and trade.
113     (2)  The bank may lend capital costs or provide credit
114enhancements 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,
119roadways, rail facilities, and other transportation terminals,
120pursuant to s. 341.053, for the movement of people and goods.
121     (b)1.  Emergency loans for damages incurred to deepwater
122seaports listed in s. 311.09 that are within an area that is
123part of an official state declaration of emergency pursuant to
124chapter 252 and all other applicable laws. Such loans:
125     a.  May not exceed 24 months in duration except in extreme
126circumstances, for which the chair of the Florida Seaport
127Transportation and Economic Development Council may grant up to
12836 months upon making written findings specifying the conditions
129requiring a 36-month term.
130     b.  Require application from the recipient to the council
131that includes documentation of damage claims filed with the
132Federal Emergency Management Agency or an applicable insurance
133carrier and documentation of the recipient's overall financial
134condition.
135     2.  Loans provided under this paragraph must be repaid upon
136receipt by the recipient of eligible program funding for damages
137in accordance with the claims filed with the Federal Emergency
138Management Agency or an applicable insurance carrier, but no
139later than the duration of the loan.
140     (3)  Loans from the bank may be subordinated to senior
141project debt that has an investment grade rating of "BBB" or
142higher.
143     (4)  Loans from the bank may bear interest at or below
144market interest rates, as determined by the council. Repayment
145of any loan shall commence not later than 5 years after the
146project has been completed, except for loans provided under
147paragraph (2)(b), which shall be repaid within 36 months.
148     (5)  To be eligible for consideration, projects must be
149approved as eligible for funding by the council pursuant to s.
150311.09 and must provide a dedicated repayment source to ensure
151the loan is repaid to the bank.
152     (6)  In addition to the requirements of s. 311.09, the
153council may consider, but is not limited to, the following
154criteria for evaluation of projects for assistance from the
155bank:
156     (a)  The credit worthiness of the project.
157     (b)  The likelihood that assistance would enable the
158project to proceed at an earlier date than would otherwise be
159possible.
160     (c)  The extent to which assistance would foster innovative
161public-private partnerships and attract private debt or equity
162investment.
163     (d)  The amount of the proposed assistance as a percentage
164of the overall project costs with emphasis on local and private
165participation.
166     (e)  The extent to which damage from a disaster that
167results in a declaration of emergency has impacted a deepwater
168seaport's ability to maintain its previous level of service and
169remain accessible to the public or has had a major impact on the
170cash flow or revenue-generation ability of the facility.
171     (7)  The council may adopt rules to implement the seaport
172infrastructure bank.
173     (8)  The council may use any available funds appropriated
174by the Legislature pursuant to s. 311.07 or s. 320.20 for the
175purposes of the seaport infrastructure bank.
176     Section 4.  Subsections (3) and (4) of section 320.20,
177Florida Statutes, are amended, subsection (5) is renumbered as
178subsection (6), and a new subsection (5) is added to that
179section, to read:
180     320.20  Disposition of license tax moneys.-The revenue
181derived from the registration of motor vehicles, including any
182delinquent fees and excluding those revenues collected and
183distributed under the provisions of s. 320.081, must be
184distributed monthly, as collected, as follows:
185     (3)  Notwithstanding any other provision of law except
186subsections (1) and (2), on July 1, 1996, and annually
187thereafter, $15 million shall be deposited in the State
188Transportation Trust Fund solely for the purposes of funding the
189Florida Seaport Transportation and Economic Development Program
190as provided for in chapter 311. Such revenues shall be
191distributed on a 50-50 matching basis to any port listed in s.
192311.09(1) to be used for funding projects as described in s.
193311.07(3)(b). Such revenues may be assigned, pledged, or set
194aside as a trust for the payment of principal or interest on
195bonds, tax anticipation certificates, or any other form of
196indebtedness issued by an individual port or appropriate local
197government having jurisdiction thereof, or collectively by
198interlocal agreement among any of the ports, or used to purchase
199credit support to permit such borrowings. However, such debt
200shall not constitute a general obligation of the State of
201Florida. The state does hereby covenant with holders of such
202revenue bonds or other instruments of indebtedness issued
203hereunder that it will not repeal or impair or amend in any
204manner which will materially and adversely affect the rights of
205such holders so long as bonds authorized by this section are
206outstanding. Any revenues which are not pledged to the repayment
207of bonds as authorized by this section may be utilized for
208purposes authorized under the Florida Seaport Transportation and
209Economic Development Program. This revenue source is in addition
210to any amounts provided for and appropriated in accordance with
211s. 311.07. The Florida Seaport Transportation and Economic
212Development Council shall approve distribution of funds to ports
213for projects which have been approved pursuant to s. 311.09(5)-
214(9). The council and the Department of Transportation are
215authorized to perform such acts as are required to facilitate
216and implement the provisions of this subsection. To better
217enable the ports to cooperate to their mutual advantage, the
218governing body of each port may exercise powers provided to
219municipalities or counties in s. 163.01(7)(d) subject to the
220provisions of chapter 311 and special acts, if any, pertaining
221to a port. The use of funds provided pursuant to this subsection
222are limited to eligible projects listed in this subsection.
223Income derived from a project completed with the use of program
224funds, beyond operating costs and debt service, shall be
225restricted to further port capital improvements consistent with
226maritime purposes and for no other purpose. Use of such income
227for nonmaritime purposes is prohibited. The provisions of s.
228311.07(4) do not apply to any funds received pursuant to this
229subsection. The revenues available under this subsection shall
230not be pledged to the payment of any bonds other than the
231Florida Ports Financing Commission Series 1996 and Series 1999
232Bonds currently outstanding; provided, however, such revenues
233may be pledged to secure payment of refunding bonds to refinance
234the Florida Ports Financing Commission Series 1996 and Series
2351999 Bonds. No refunding bonds secured by revenues available
236under this subsection may be issued with a final maturity later
237than the final maturity of the Florida Ports Financing
238Commission Series 1996 and Series 1999 Bonds or which provide
239for higher debt service in any year than is currently payable on
240such bonds. Any revenue bonds or other indebtedness issued after
241July 1, 2011 2000, other than refunding bonds shall be issued by
242the Florida Ports Financing Commission in such a manner as to
243ensure that the greatest amount of revenue is available for
244eligible ports projects. The commission may consult with the
245Division of Bond Finance relating to the issuance of any revenue
246bonds at the request of the Department of Transportation
247pursuant to the State Bond Act.
248     (4)  Notwithstanding any other provision of law except
249subsections (1), (2), and (3), on July 1, 1999, and annually
250thereafter, $10 million shall be deposited in the State
251Transportation Trust Fund solely for the purposes of funding the
252Florida Seaport Transportation and Economic Development Program
253as provided in chapter 311 and for funding seaport intermodal
254access projects of statewide significance as provided in s.
255341.053. Such revenues shall be distributed to any port listed
256in s. 311.09(1), to be used for funding projects as follows:
257     (a)  For any seaport intermodal access projects that are
258identified in the 1997-1998 Tentative Work Program of the
259Department of Transportation, up to the amounts needed to offset
260the funding requirements of this section.
261     (b)  For seaport intermodal access projects as described in
262s. 341.053(5) that are identified in the 5-year Florida Seaport
263Mission Plan as provided in s. 311.09(3). Funding for such
264projects shall be on a matching basis as mutually determined by
265the Florida Seaport Transportation and Economic Development
266Council and the Department of Transportation, provided a minimum
267of 25 percent of total project funds shall come from any port
268funds, local funds, private funds, or specifically earmarked
269federal funds.
270     (c)  On a 50-50 matching basis for projects as described in
271s. 311.07(3)(b).
272     (d)  For seaport intermodal access projects that involve
273the dredging or deepening of channels, turning basins, or
274harbors; or the rehabilitation of wharves, docks, or similar
275structures. Funding for such projects shall require a 25 percent
276match of the funds received pursuant to this subsection.
277Matching funds shall come from any port funds, federal funds,
278local funds, or private funds.
279
280Such revenues may be assigned, pledged, or set aside as a trust
281for the payment of principal or interest on bonds, tax
282anticipation certificates, or any other form of indebtedness
283issued by an individual port or appropriate local government
284having jurisdiction thereof, or collectively by interlocal
285agreement among any of the ports, or used to purchase credit
286support to permit such borrowings. However, such debt shall not
287constitute a general obligation of the state. This state does
288hereby covenant with holders of such revenue bonds or other
289instruments of indebtedness issued hereunder that it will not
290repeal or impair or amend this subsection in any manner which
291will materially and adversely affect the rights of holders so
292long as bonds authorized by this subsection are outstanding. Any
293revenues that are not pledged to the repayment of bonds as
294authorized by this section may be utilized for purposes
295authorized under the Florida Seaport Transportation and Economic
296Development Program. This revenue source is in addition to any
297amounts provided for and appropriated in accordance with s.
298311.07 and subsection (3). The Florida Seaport Transportation
299and Economic Development Council shall approve distribution of
300funds to ports for projects that have been approved pursuant to
301s. 311.09(5)-(9), or for seaport intermodal access projects
302identified in the 5-year Florida Seaport Mission Plan as
303provided in s. 311.09(3) and mutually agreed upon by the FSTED
304Council and the Department of Transportation. All contracts for
305actual construction of projects authorized by this subsection
306must include a provision encouraging employment of participants
307in the welfare transition program. The goal for employment of
308participants in the welfare transition program is 25 percent of
309all new employees employed specifically for the project, unless
310the Department of Transportation and the Florida Seaport
311Transportation and Economic Development Council demonstrate that
312such a requirement would severely hamper the successful
313completion of the project. In such an instance, Workforce
314Florida, Inc., shall establish an appropriate percentage of
315employees that must be participants in the welfare transition
316program. The council and the Department of Transportation are
317authorized to perform such acts as are required to facilitate
318and implement the provisions of this subsection. To better
319enable the ports to cooperate to their mutual advantage, the
320governing body of each port may exercise powers provided to
321municipalities or counties in s. 163.01(7)(d) subject to the
322provisions of chapter 311 and special acts, if any, pertaining
323to a port. The use of funds provided pursuant to this subsection
324is limited to eligible projects listed in this subsection. The
325provisions of s. 311.07(4) do not apply to any funds received
326pursuant to this subsection. The revenues available under this
327subsection shall not be pledged to the payment of any bonds
328other than the Florida Ports Financing Commission Series 1996
329and Series 1999 Bonds currently outstanding; provided, however,
330such revenues may be pledged to secure payment of refunding
331bonds to refinance the Florida Ports Financing Commission Series
3321996 and Series 1999 Bonds. No refunding bonds secured by
333revenues available under this subsection may be issued with a
334final maturity later than the final maturity of the Florida
335Ports Financing Commission Series 1996 and Series 1999 Bonds or
336which provide for higher debt service in any year than is
337currently payable on such bonds. Any revenue bonds or other
338indebtedness issued after July 1, 2011 2000, other than
339refunding bonds shall be issued by the Florida Ports Financing
340Commission in such a manner as to ensure that the greatest
341amount of revenue is available for eligible ports projects. The
342commission may consult with the Division of Bond Finance
343relating to the issuance of any revenue bonds at the request of
344the Department of Transportation pursuant to the State Bond Act.
345     (5)(a)  Notwithstanding any other provision of law except
346subsections (1), (2), (3), and (4), on July 1, 2014, and
347annually thereafter, $10 million shall be deposited, subject to
348appropriation, in the State Transportation Trust Fund solely for
349the purpose of funding freight mobility projects that improve
350throughput or provide long-term congestion relief for freight
351movement for a part of the state's transportation network and
352improve economic productivity for the state or the region in
353which the projects are located.
354     (b)  Freight mobility projects shall include on-port
355projects identified by the Florida Seaport Transportation and
356Economic Development Council that meet the Department of
357Transportation's Strategic Intermodal System criteria or are
358regionally significant freight projects that are eligible for
359federal dollars consistent with criteria developed for federal
360freight transportation grant programs.
361     (c)  The revenues shall be distributed to any port listed
362in s. 311.09(1) to be used for funding such projects. Funding
363shall require at least a 25 percent match of funds received
364pursuant to this subsection. Matching funds must come from any
365available port funds, federal funds, local funds, or private
366funds.
367
368Such revenues may be assigned, pledged, or set aside as a trust
369for the payment of principal or interest on bonds, tax
370anticipation certificates, or any other form of indebtedness
371issued by an individual port or appropriate local government
372having jurisdiction thereof, or collectively by interlocal
373agreement among any of the ports, or used to purchase credit
374support to permit such borrowings. However, such debt does not
375constitute a general obligation of the state. The state
376covenants with holders of such bonds that it will not repeal or
377impair or amend this subsection in any manner that materially
378and adversely affects the rights of holders so long as bonds
379authorized by this subsection are outstanding. Any revenues that
380are not pledged for the repayment of bonds may be used for
381purposes authorized under the Florida Seaport Transportation and
382Economic Development Program. This is in addition to any amounts
383provided for and appropriated in accordance with s. 311.07 and
384subsections (3) and (4). The Florida Seaport Transportation and
385Economic Development Council shall submit to the Department of
386Transportation a list of strategic freight mobility projects
387that contribute to the economic productivity of the state and
388that have been approved pursuant to s. 311.09(5)-(9). The
389council and the Department of Transportation shall mutually
390agree upon the prioritization and selection of projects for
391funding. The Department of Transportation shall include the
392selected projects for funding in the tentative work program
393developed pursuant to s. 339.135. The council and the Department
394of Transportation may perform such acts as are required to
395facilitate and implement this subsection, including the funding
396of approved projects through the use of other state funding
397programs, local contributions from seaports, public-private
398partnerships, and other non-federal contributions that can be
399used to leverage federal investments. To better enable the ports
400to cooperate for their mutual advantage, the governing body of
401each port may exercise powers provided to municipalities or
402counties in s. 163.01(7)(d), subject to chapter 311 and any
403special acts pertaining to the port. The use of funds provided
404under this subsection is limited to eligible projects listed in
405this subsection. Any revenue bonds or other indebtedness issued
406pursuant to this subsection shall be issued by the Florida Ports
407Financing Commission in such a manner as to ensure that the
408greatest amount of revenue is available for eligible port
409projects. The commission may consult with the Division of Bond
410Finance relating to the issuance of any revenue bonds.
411     Section 5.  Subsection (1) of section 320.203, Florida
412Statutes, 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
416and pursuant to s. 216.351, after the provisions of s.
417320.20(1), (2), (3), (4), and (5), and (6) are fulfilled, an
418amount equal to 50 percent of revenues collected from the
419biennial registrations created in s. 320.07 shall be retained in
420the Motor Vehicle License Clearing Trust Fund, authorized in s.
421215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
422fiscal year, an amount equal to 50 percent of revenues collected
423from the biennial registrations created in s. 320.07 shall be
424distributed 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
426320.20(1), (2), (3), (4), and (5), and (6).
427     Section 6.  Subsection (12) is added to section 373.406,
428Florida Statutes, to read:
429     373.406  Exemptions.-The following exemptions shall apply:
430     (12)  All overwater piers, docks, and similar structures
431located in a deepwater port listed in s. 311.09 are not part of
432a stormwater management system and are not impervious under this
433chapter or chapter 403 if the port has a Stormwater Pollution
434Prevention Plan pursuant to the National Pollutant Discharge
435Elimination System Program.
436     Section 7.  Subsection (8) of section 373.4133, Florida
437Statutes, is amended to read:
438     373.4133  Port conceptual permits.-
439     (8)  Except as otherwise provided in this section, the
440following procedures apply to the approval or denial of an
441application for a port conceptual permit or a final permit or
442authorization:
443     (a)  Applications for a port conceptual permit, including
444any request for the conceptual approval of the use of
445sovereignty submerged lands, shall be processed in accordance
446with the provisions of ss. 373.427 and 120.60. However, if the
447applicant believes that any request for additional information
448is not authorized by law or agency rule, the applicant may
449request an informal hearing pursuant to s. 120.57(2) before the
450Secretary of Environmental Protection to determine whether the
451application is complete.
452     (b)  Notwithstanding any other provision of law, the
453department shall issue a notice of intent within 30 days after
454receipt of an application for a port conceptual permit. Upon
455issuance of the department's notice of intent to issue or deny a
456port conceptual permit, the applicant shall publish a one-time
457notice of such intent, prepared by the department, in the
458newspaper with the largest general circulation in the county or
459counties where the port is located.
460     (c)  A notice of intent to issue a port conceptual permit
461creates a rebuttable presumption that development of the port or
462private facilities consistent with the approved port master plan
463complies with all applicable standards for issuance of a
464conceptual permit, an environmental resource permit, and
465sovereign lands authorization pursuant to chapters 161, 253,
466373, and 403. The presumption may be overcome only by clear and
467convincing evidence.
468     (d)  Upon issuance and finalization of a port conceptual
469permit, and, if necessary, an environmental resource permit or
470sovereign lands authorization pursuant to this section, the
471department shall notify the United States Army Corps of
472Engineers that the applicant is in compliance with all state
473water quality and regulatory requirements and shall issue any
474requested construction permit within 30 days after receipt of
475the request.
476     (e)(c)  Final agency action on a port conceptual permit is
477subject to challenge pursuant to ss. 120.569 and 120.57.
478However, final agency action to authorize subsequent
479construction of facilities contained in a port conceptual permit
480may only be challenged by a third party for consistency with the
481port conceptual permit.
482     (f)(d)  A person who will be substantially affected by a
483final agency action described in paragraph (e) (c) must initiate
484administrative proceedings pursuant to ss. 120.569 and 120.57
485within 21 days after the publication of the notice of the
486proposed action. If administrative proceedings are requested,
487the proceedings are subject to the summary hearing provisions of
488s. 120.574. However, if the decision of the administrative law
489judge will be a recommended order rather than a final order, a
490summary proceeding must be conducted within 90 days after a
491party files a motion for summary hearing, regardless of whether
492the parties agree to the summary proceeding.
493     Section 8.  This act shall take effect July 1, 2011.


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