1 | A bill to be entitled |
2 | An act relating to infrastructure investment; amending s. |
3 | 20.23, F.S.; requiring the Secretary of Transportation to |
4 | designate duties relating to certain investment |
5 | opportunities and transportation projects to an assistant |
6 | secretary; amending s. 311.09, F.S.; revising requirements |
7 | for the inclusion of certain goals and objectives in the |
8 | Florida Seaport Mission Plan; requiring the Florida |
9 | Seaport Transportation and Economic Development Council to |
10 | develop a priority list of projects and submit the list to |
11 | the Department of Transportation; amending s. 311.14, |
12 | F.S.; requiring certain ports to develop master plans; |
13 | providing criteria for such plans; requiring such plans to |
14 | be consistent with local government comprehensive plans; |
15 | requiring such plans to be submitted to the Florida |
16 | Seaport Transportation and Economic Development Council; |
17 | requiring the Florida Seaport Transportation and Economic |
18 | Development Council to review such plans and include |
19 | related information in the Florida Seaport Mission Plan; |
20 | amending s. 339.155, F.S.; clarifying and revising the |
21 | principles on which the Florida Transportation Plan is |
22 | based; amending s. 339.63, F.S.; adding certain existing |
23 | and planned facilities to the list of facilities included |
24 | in the Strategic Intermodal System and the Emerging |
25 | Strategic Intermodal System; amending s. 373.406, F.S.; |
26 | exempting overwater piers, docks, and structures located |
27 | in deepwater ports from stormwater management system |
28 | requirements under specified conditions; amending s. |
29 | 373.4133, F.S.; requiring the Department of Environmental |
30 | Protection to issue a notice of intent for a port |
31 | conceptual permit within a specified time; providing that |
32 | a notice of intent to issue such permit creates a |
33 | rebuttable presumption of compliance with specified |
34 | standards and authorization; providing a standard for |
35 | overcoming such a presumption; requiring the department to |
36 | issue certain permits within a specified time and to |
37 | notify specified entities of certain compliance; amending |
38 | s. 403.813, F.S.; exempting specified seaports and inland |
39 | navigation districts from requirements to conduct |
40 | maintenance dredging under certain conditions; excluding |
41 | ditches, pipes, and similar linear conveyances from |
42 | consideration as receiving waters for the disposal of |
43 | dredged materials; authorizing public ports and inland |
44 | navigation districts to use sovereignty submerged lands in |
45 | connection with maintenance dredging; authorizing the |
46 | disposal of spoil material on specified sites; providing |
47 | an effective date. |
48 |
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49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
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51 | Section 1. Paragraph (d) of subsection (1) of section |
52 | 20.23, Florida Statutes, is amended to read: |
53 | 20.23 Department of Transportation.-There is created a |
54 | Department of Transportation which shall be a decentralized |
55 | agency. |
56 | (1) |
57 | (d) The secretary may appoint up to three assistant |
58 | secretaries who shall be directly responsible to the secretary |
59 | and who shall perform such duties as are assigned by the |
60 | secretary. The secretary shall designate to an assistant |
61 | secretary the duties related to enhancing economic prosperity, |
62 | including, but not limited to, the responsibility of liaison |
63 | with the head of economic development in the Executive Office of |
64 | the Governor. Such assistant secretary shall be directly |
65 | responsible for providing the Executive Office of the Governor |
66 | with investment opportunities and transportation projects that |
67 | expand the state's role as a global hub for trade and investment |
68 | and enhance the supply chain system in the state to process, |
69 | assemble, and ship goods to markets throughout the eastern |
70 | United States, Canada, the Caribbean, and Latin America. The |
71 | secretary may delegate to any assistant secretary the authority |
72 | to act in the absence of the secretary. |
73 | Section 2. Subsection (3) of section 311.09, Florida |
74 | Statutes, is amended to read: |
75 | 311.09 Florida Seaport Transportation and Economic |
76 | Development Council.- |
77 | (3) The council shall prepare a 5-year Florida Seaport |
78 | Mission Plan defining the goals and objectives of the council |
79 | concerning the development of port facilities and an intermodal |
80 | transportation system consistent with the goals of the Florida |
81 | Transportation Plan developed pursuant to s. 339.155. The |
82 | Florida Seaport Mission Plan shall include specific |
83 | recommendations for the construction of transportation |
84 | facilities connecting any port to another transportation mode |
85 | and for the efficient, cost-effective development of |
86 | transportation facilities or port facilities for the purpose of |
87 | enhancing international trade, promoting cargo flow, increasing |
88 | cruise passenger movements, increasing port revenues, and |
89 | providing economic benefits to the state. The council shall |
90 | develop a priority list of projects based on these |
91 | recommendations annually and submit the list to the Department |
92 | of Transportation. The council shall update the 5-year Florida |
93 | Seaport Mission Plan annually and shall submit the plan no later |
94 | than February 1 of each year to the President of the Senate; the |
95 | Speaker of the House of Representatives; the Office of Tourism, |
96 | Trade, and Economic Development; the Department of |
97 | Transportation; and the Department of Community Affairs. The |
98 | council shall develop programs, based on an examination of |
99 | existing programs in Florida and other states, for the training |
100 | of minorities and secondary school students in job skills |
101 | associated with employment opportunities in the maritime |
102 | industry, and report on progress and recommendations for further |
103 | action to the President of the Senate and the Speaker of the |
104 | House of Representatives annually. |
105 | Section 3. Section 311.14, Florida Statutes, is amended to |
106 | read: |
107 | 311.14 Seaport freight-mobility planning.- |
108 | (1) The Florida Seaport Transportation and Economic |
109 | Development Council, in cooperation with the Office of the State |
110 | Public Transportation Administrator within the Department of |
111 | Transportation, shall develop freight-mobility and trade- |
112 | corridor plans to assist in making freight-mobility investments |
113 | that contribute to the economic growth of the state. Such plans |
114 | should enhance the integration and connectivity of the |
115 | transportation system across and between transportation modes |
116 | throughout Florida for people and freight. |
117 | (2) The Office of the State Public Transportation |
118 | Administrator shall act to integrate freight-mobility and trade- |
119 | corridor plans into the Florida Transportation Plan developed |
120 | pursuant to s. 339.155 and into the plans and programs of |
121 | metropolitan planning organizations as provided in s. 339.175. |
122 | The office may also provide assistance in expediting the |
123 | transportation permitting process relating to the construction |
124 | of seaport freight-mobility projects located outside the |
125 | physical borders of seaports. The Department of Transportation |
126 | may contract, as provided in s. 334.044, with any port listed in |
127 | s. 311.09(1) or any such other statutorily authorized seaport |
128 | entity to act as an agent in the construction of seaport |
129 | freight-mobility projects. |
130 | (3) Each port shall develop a master plan with a 10-year |
131 | horizon. Each plan must include the following: |
132 | (a) An economic development component that identifies |
133 | targeted business opportunities for increasing business and |
134 | attracting new business for which a particular facility has a |
135 | strategic advantage over its competitors, identifies financial |
136 | resources and other inducements to encourage growth of existing |
137 | business and acquisition of new business, and provides a |
138 | projected schedule for attainment of the plan's goals. |
139 | (b) An infrastructure development and improvement |
140 | component that identifies all projected infrastructure |
141 | improvements within the plan area which require improvement, |
142 | expansion, or development in order for a port to attain a |
143 | strategic advantage for competition with national and |
144 | international competitors. |
145 | (c) A component that identifies all intermodal |
146 | transportation facilities, including sea, air, rail, or road |
147 | facilities, which are available or have potential, with |
148 | improvements, to be available for necessary national and |
149 | international commercial linkages and provides a plan for the |
150 | integration of port, airport, and railroad activities with |
151 | existing and planned transportation infrastructure. |
152 | (d) A component that identifies physical, environmental, |
153 | and regulatory barriers to achievement of the plan's goals and |
154 | provides recommendations for overcoming those barriers. |
155 | (e) An intergovernmental coordination component that |
156 | specifies modes and methods to coordinate plan goals and |
157 | missions with the missions of the Department of Transportation, |
158 | other state agencies, and affected local, general-purpose |
159 | governments. |
160 |
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161 | To the extent feasible, the port master plan must be consistent |
162 | with the local government comprehensive plans of the units of |
163 | local government in which the port is located. Upon approval of |
164 | a plan by the port's board, the plan shall be submitted to the |
165 | Florida Seaport Transportation and Economic Development Council. |
166 | (4) The Florida Seaport Transportation and Economic |
167 | Development Council shall review the master plans submitted by |
168 | each port and prioritize strategic needs for inclusion in the |
169 | Florida Seaport Mission Plan prepared pursuant to s. 311.09(3). |
170 | Section 4. Subsection (1) of section 339.155, Florida |
171 | Statutes, is amended to read: |
172 | 339.155 Transportation planning.- |
173 | (1) THE FLORIDA TRANSPORTATION PLAN.-The department shall |
174 | develop and annually update a statewide transportation plan, to |
175 | be known as the Florida Transportation Plan. The plan shall be |
176 | designed so as to be easily read and understood by the general |
177 | public. The plan shall consider the needs of the entire state |
178 | transportation system and examine the use of all modes of |
179 | transportation to effectively and efficiently meet such needs. |
180 | The purpose of the Florida Transportation Plan is to establish |
181 | and define the state's long-range transportation goals and |
182 | objectives to be accomplished over a period of at least 20 years |
183 | within the context of the State Comprehensive Plan, and any |
184 | other statutory mandates and authorizations and based upon the |
185 | prevailing principles of: |
186 | (a) Preserving the existing transportation |
187 | infrastructure.; |
188 | (b) Enhancing Florida's economic competitiveness.; and |
189 | (c) Improving travel choices to ensure mobility. |
190 | (d) Expanding the state's role as a hub for trade and |
191 | investment. The Florida Transportation Plan shall consider the |
192 | needs of the entire state transportation system and examine the |
193 | use of all modes of transportation to effectively and |
194 | efficiently meet such needs. |
195 | Section 5. Subsection (2) of section 339.63, Florida |
196 | Statutes, is amended to read: |
197 | 339.63 System facilities designated; additions and |
198 | deletions.- |
199 | (2) The Strategic Intermodal System and the Emerging |
200 | Strategic Intermodal System include four three different types |
201 | of facilities that each form one component of an interconnected |
202 | transportation system which types include: |
203 | (a) Existing or planned hubs that are ports and terminals |
204 | including airports, seaports, spaceports, passenger terminals, |
205 | and rail terminals serving to move goods or people between |
206 | Florida regions or between Florida and other markets in the |
207 | United States and the rest of the world.; |
208 | (b) Existing or planned corridors that are highways, rail |
209 | lines, waterways, and other exclusive-use facilities connecting |
210 | major markets within Florida or between Florida and other states |
211 | or nations.; and |
212 | (c) Existing or planned intermodal connectors that are |
213 | highways, rail lines, waterways or local public transit systems |
214 | serving as connectors between the components listed in |
215 | paragraphs (a) and (b). |
216 | (d) Existing or planned facilities that significantly |
217 | improve the state's competitive position to compete for the |
218 | movement of additional goods into and through this state. |
219 | Section 6. Subsection (12) is added to section 373.406, |
220 | Florida Statutes, to read: |
221 | 373.406 Exemptions.-The following exemptions shall apply: |
222 | (12) All overwater piers, docks, and similar structures |
223 | located in a deepwater port listed in s. 311.09 may not be |
224 | considered part of a stormwater management system for which |
225 | stormwater treatment from impervious surfaces is required under |
226 | this chapter or chapter 403 if the port has a Stormwater |
227 | Pollution Prevention Plan pursuant to the National Pollutant |
228 | Discharge Elimination System Program, which addresses the |
229 | industrial activities conducted on all impervious overwater |
230 | piers, docks, and similar structures located in the port. |
231 | Section 7. Subsection (8) of section 373.4133, Florida |
232 | Statutes, is amended to read: |
233 | 373.4133 Port conceptual permits.- |
234 | (8) Except as otherwise provided in this section, the |
235 | following procedures apply to the approval or denial of an |
236 | application for a port conceptual permit or a final permit or |
237 | authorization: |
238 | (a) Applications for a port conceptual permit, including |
239 | any request for the conceptual approval of the use of |
240 | sovereignty submerged lands, shall be processed in accordance |
241 | with the provisions of ss. 373.427 and 120.60. However, if the |
242 | applicant believes that any request for additional information |
243 | is not authorized by law or agency rule, the applicant may |
244 | request an informal hearing pursuant to s. 120.57(2) before the |
245 | Secretary of Environmental Protection to determine whether the |
246 | application is complete. |
247 | (b) Notwithstanding any other provision of law, the |
248 | department shall issue a notice of intent within 30 days after |
249 | receipt of an application for a port conceptual permit. Upon |
250 | issuance of the department's notice of intent to issue or deny a |
251 | port conceptual permit, the applicant shall publish a one-time |
252 | notice of such intent, prepared by the department, in the |
253 | newspaper with the largest general circulation in the county or |
254 | counties where the port is located. |
255 | (c) A notice of intent to issue a port conceptual permit |
256 | creates a rebuttable presumption that development of the port or |
257 | private facilities consistent with the approved port master plan |
258 | complies with all applicable standards for issuance of a |
259 | conceptual permit, an environmental resource permit, and |
260 | sovereign lands authorization pursuant to chapters 161, 253, |
261 | 373, and 403. The presumption may be overcome only by clear and |
262 | convincing evidence. |
263 | (d) Upon issuance and finalization of a port conceptual |
264 | permit, and, if necessary, an environmental resource permit or |
265 | sovereign lands authorization pursuant to this section, the |
266 | department shall notify the United States Army Corps of |
267 | Engineers that the applicant is in compliance with all state |
268 | water quality and regulatory requirements and shall issue any |
269 | requested construction permit within 30 days after receipt of |
270 | the request. |
271 | (e)(c) Final agency action on a port conceptual permit is |
272 | subject to challenge pursuant to ss. 120.569 and 120.57. |
273 | However, final agency action to authorize subsequent |
274 | construction of facilities contained in a port conceptual permit |
275 | may only be challenged by a third party for consistency with the |
276 | port conceptual permit. |
277 | (f)(d) A person who will be substantially affected by a |
278 | final agency action described in paragraph (e) (c) must initiate |
279 | administrative proceedings pursuant to ss. 120.569 and 120.57 |
280 | within 21 days after the publication of the notice of the |
281 | proposed action. If administrative proceedings are requested, |
282 | the proceedings are subject to the summary hearing provisions of |
283 | s. 120.574. However, if the decision of the administrative law |
284 | judge will be a recommended order rather than a final order, a |
285 | summary proceeding must be conducted within 90 days after a |
286 | party files a motion for summary hearing, regardless of whether |
287 | the parties agree to the summary proceeding. |
288 | Section 8. Subsection (3) of section 403.813, Florida |
289 | Statutes, is amended to read: |
290 | 403.813 Permits issued at district centers; exceptions.- |
291 | (3) A permit is not required under this chapter, chapter |
292 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
293 | chapter 25270, 1949, Laws of Florida, for maintenance dredging |
294 | conducted under this section by the seaports of Jacksonville, |
295 | Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, |
296 | Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, |
297 | Pensacola, Key West, and Fernandina or by inland navigation |
298 | districts if the dredging to be performed is no more than is |
299 | necessary to meet the original design specifications or |
300 | configurations, the work is conducted in compliance with s. |
301 | 379.2431(2)(d), and previously undisturbed natural areas are not |
302 | significantly impacted. In addition: |
303 | (a) A mixing zone for turbidity is granted within a 150- |
304 | meter radius from the point of dredging while dredging is |
305 | ongoing, except that the mixing zone may not extend into areas |
306 | supporting wetland communities, submerged aquatic vegetation, or |
307 | hardbottom communities. |
308 | (b) The discharge of the return water from the site used |
309 | for the disposal of dredged material shall be allowed only if |
310 | such discharge does not result in a violation of water quality |
311 | standards in the receiving waters. The return-water discharge |
312 | into receiving waters shall be granted a mixing zone for |
313 | turbidity within a 150-meter radius from the point of discharge |
314 | into the receiving waters during and immediately after the |
315 | dredging, except that the mixing zone may not extend into areas |
316 | supporting wetland communities, submerged aquatic vegetation, or |
317 | hardbottom communities. Ditches, pipes, and similar types of |
318 | linear conveyances may not be considered receiving waters for |
319 | the purposes of this paragraph. |
320 | (c) The state may not exact a charge for material that |
321 | this subsection allows a public port or an inland navigation |
322 | district to remove. In addition, consent to use any sovereignty |
323 | submerged lands pursuant to this section is hereby granted. |
324 | (d) The use of flocculants at the site used for disposal |
325 | of the dredged material is allowed if the use, including |
326 | supporting documentation, is coordinated in advance with the |
327 | department and the department has determined that the use is not |
328 | harmful to water resources. |
329 | (e) If all requirements of the permit are satisfied, the |
330 | spoil material may be deposited on a permitted disposal site or |
331 | on a self-contained, upland spoil site that will prevent the |
332 | escape of the spoil material into the waters of the state. |
333 | (f)(e) This subsection does not prohibit maintenance |
334 | dredging of areas where the loss of original design function and |
335 | constructed configuration has been caused by a storm event, |
336 | provided that the dredging is performed as soon as practical |
337 | after the storm event. Maintenance dredging that commences |
338 | within 3 years after the storm event shall be presumed to |
339 | satisfy this provision. If more than 3 years are needed to |
340 | commence the maintenance dredging after the storm event, a |
341 | request for a specific time extension to perform the maintenance |
342 | dredging shall be submitted to the department, prior to the end |
343 | of the 3-year period, accompanied by a statement, including |
344 | supporting documentation, demonstrating that contractors are not |
345 | available or that additional time is needed to obtain |
346 | authorization for the maintenance dredging from the United |
347 | States Army Corps of Engineers. |
348 | Section 9. This act shall take effect July 1, 2011. |