Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 524 Barcode 823540 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/17/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 577 and 578 4 insert: 5 Section 6. 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 7. Subsection (1) of section 311.09, Florida 17 Statutes, is amended to read: 18 311.09 Florida Seaport Transportation and Economic 19 Development Council.— 20 (1) The Florida Seaport Transportation and Economic 21 Development Council is created within the Department of 22 Transportation. The council consists of the following 181723 members: the port director, or the port director’s designee, of 24 each of the ports of Jacksonville, Port Canaveral, Port Citrus, 25 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 26 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 27 West, and Fernandina; the secretary of the Department of 28 Transportation or his or her designee; the director of the 29 Office of Tourism, Trade, and Economic Development or his or her 30 designee; and the secretary of the Department of Community 31 Affairs or his or her designee. 32 Section 8. Paragraph (c) of subsection (1) of section 33 374.976, Florida Statutes, is amended to read: 34 374.976 Authority to address impacts of waterway 35 development projects.— 36 (1) Each inland navigation district is empowered and 37 authorized to undertake programs intended to alleviate the 38 problems associated with its waterway or waterways, including, 39 but not limited to, the following: 40 (c) The district is authorized to aid and cooperate with 41 the Federal Government; state; member counties; nonmember 42 counties that contain any part of the intracoastal waterway 43 within their boundaries; navigation districts; the seaports of 44 Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm 45 Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, 46 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and 47 Fernandina; and local governments within the district in 48 planning and carrying out public navigation, local and regional 49 anchorage management, beach renourishment, public recreation, 50 inlet management, environmental education, and boating safety 51 projects, directly related to the waterways. The district is 52 also authorized to enter into cooperative agreements with the 53 United States Army Corps of Engineers, state, and member 54 counties, and to covenant in any such cooperative agreement to 55 pay part of the costs of acquisition, planning, development, 56 construction, reconstruction, extension, improvement, operation, 57 and maintenance of such projects. 58 Section 9. Subsection (9) of section 403.021, Florida 59 Statutes, is amended to read: 60 403.021 Legislative declaration; public policy.— 61 (9)(a) The Legislature finds and declares that it is 62 essential to preserve and maintain authorized water depth in the 63 existing navigation channels, port harbors, turning basins, and 64 harbor berths of this state in order to provide for the 65 continued safe navigation of deepwater shipping commerce. The 66 department shall recognize that maintenance of authorized water 67 depths consistent with port master plans developed pursuant to 68 s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and 69 necessary activity that is in the public interest; and it shall 70 develop a regulatory process that shall enable the ports of this 71 state to conduct such activities in an environmentally sound, 72 safe, expeditious, and cost-efficient manner. It is the further 73 intent of the Legislature that the permitting and enforcement of 74 dredging, dredged-material management, and other related 75 activities for Florida’s deepwater ports pursuant to this 76 chapter and chapters 161, 253, and 373 shall be consolidated 77 within the department’s Division of Water Resource Management 78 and, with the concurrence of the affected deepwater port or 79 ports, may be administered by a district office of the 80 department or delegated to an approved local environmental 81 program. 82 (b) The provisions of paragraph (a) apply only to the port 83 waters, dredged-material management sites, port harbors, 84 navigation channels, turning basins, and harbor berths used for 85 deepwater commercial navigation in the ports of Jacksonville, 86 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. 87 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. 88 Petersburg, Pensacola, Fernandina, and Key West. 89 Section 10. Subsection (26) of section 403.061, Florida 90 Statutes, is amended to read: 91 403.061 Department; powers and duties.—The department shall 92 have the power and the duty to control and prohibit pollution of 93 air and water in accordance with the law and rules adopted and 94 promulgated by it and, for this purpose, to: 95 (26)(a) Develop standards and criteria for waters used for 96 deepwater shipping which standards and criteria consider 97 existing water quality; appropriate mixing zones and other 98 requirements for maintenance dredging in previously constructed 99 deepwater navigation channels, port harbors, turning basins, or 100 harbor berths; and appropriate mixing zones for disposal of 101 spoil material from dredging and, where necessary, develop a 102 separate classification for such waters. Such classification, 103 standards, and criteria shall recognize that the present 104 dedicated use of these waters is for deepwater commercial 105 navigation. 106 (b) The provisions of paragraph (a) apply only to the port 107 waters, spoil disposal sites, port harbors, navigation channels, 108 turning basins, and harbor berths used for deepwater commercial 109 navigation in the ports of Jacksonville, Tampa, Port Everglades, 110 Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port 111 Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, 112 Florida Power Corporation’s Crystal River Canal, Boca Grande, 113 Green Cove Springs, and Pensacola. 114 115 The department shall implement such programs in conjunction with 116 its other powers and duties and shall place special emphasis on 117 reducing and eliminating contamination that presents a threat to 118 humans, animals or plants, or to the environment. 119 Section 11. Subsection (3) of section 403.813, Florida 120 Statutes, is amended to read: 121 403.813 Permits issued at district centers; exceptions.— 122 (3) For maintenance dredging conducted under this section 123 by the seaports of Jacksonville, Port Canaveral, Port Citrus, 124 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 125 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 126 West, and Fernandina or by inland navigation districts: 127 (a) A mixing zone for turbidity is granted within a 150 128 meter radius from the point of dredging while dredging is 129 ongoing, except that the mixing zone may not extend into areas 130 supporting wetland communities, submerged aquatic vegetation, or 131 hardbottom communities. 132 (b) The discharge of the return water from the site used 133 for the disposal of dredged material shall be allowed only if 134 such discharge does not result in a violation of water quality 135 standards in the receiving waters. The return-water discharge 136 into receiving waters shall be granted a mixing zone for 137 turbidity within a 150-meter radius from the point of discharge 138 during and immediately after the dredging, except that the 139 mixing zone may not extend into areas supporting wetland 140 communities, submerged aquatic vegetation, or hardbottom 141 communities. 142 (c) The state may not exact a charge for material that this 143 subsection allows a public port or an inland navigation district 144 to remove. 145 (d) The use of flocculants at the site used for disposal of 146 the dredged material is allowed if the use, including supporting 147 documentation, is coordinated in advance with the department and 148 the department has determined that the use is not harmful to 149 water resources. 150 (e) This subsection does not prohibit maintenance dredging 151 of areas where the loss of original design function and 152 constructed configuration has been caused by a storm event, 153 provided that the dredging is performed as soon as practical 154 after the storm event. Maintenance dredging that commences 155 within 3 years after the storm event shall be presumed to 156 satisfy this provision. If more than 3 years are needed to 157 commence the maintenance dredging after the storm event, a 158 request for a specific time extension to perform the maintenance 159 dredging shall be submitted to the department, prior to the end 160 of the 3-year period, accompanied by a statement, including 161 supporting documentation, demonstrating that contractors are not 162 available or that additional time is needed to obtain 163 authorization for the maintenance dredging from the United 164 States Army Corps of Engineers. 165 Section 12. Section 403.816, Florida Statutes, is amended 166 to read: 167 403.816 Permits for maintenance dredging of deepwater ports 168 and beach restoration projects.— 169 (1) The department shall establish a permit system under 170 this chapter and chapter 253 which provides for the performance, 171 for up to 25 years from the issuance of the original permit, of 172 maintenance dredging of permitted navigation channels, port 173 harbors, turning basins, harbor berths, and beach restoration 174 projects approved pursuant to chapter 161. However, permits 175 issued for dredging river channels which are not a part of a 176 deepwater port shall be valid for no more than five years. No 177 charge shall be exacted by the state for material removed during 178 such maintenance dredging by a public port authority. 179 (2) The provisions of s. 253.77 do not apply to a permit 180 for maintenance dredging and spoil site approval when there is 181 no change in the size or location of the spoil disposal site and 182 when the applicant provides documentation to the department that 183 the appropriate lease, easement, or consent of use for the 184 project site issued pursuant to chapter 253 is recorded in the 185 county where the project is located. 186 (3) The provisions of this section relating to ports apply 187 only to the port waters, spoil disposal sites, port harbors, 188 navigation channels, turning basins, and harbor berths used for 189 deepwater commercial navigation in the ports of Jacksonville, 190 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft. 191 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. 192 Petersburg, Port Bartow, Florida Power Corporation’s Crystal 193 River Canal, Boca Grande, Green Cove Springs, and Pensacola. 194 195 196 ================= T I T L E A M E N D M E N T ================ 197 And the title is amended as follows: 198 Between lines 32 and 33 199 insert: 200 amending s. 310.002, F.S.; redefining the term “port” to 201 include Port Citrus; amending s. 311.09, F.S.; including a 202 representative of Port Citrus as a member of the Florida Seaport 203 Transportation and Economic Development Council; amending s. 204 374.976, F.S.; conforming provisions to include Port Citrus in 205 provisions relating to the authority of inland navigation 206 districts; amending s. 403.021, F.S.; conforming provisions to 207 include Port Citrus in legislative declarations relating to 208 environmental control; amending s. 403.061, F.S.; conforming 209 provisions to include Port Citrus in provisions relating to 210 powers of the Department of Environmental Protection; amending 211 s. 403.813, F.S.; conforming provisions to include Port Citrus 212 in provisions relating to permits issued at Department of 213 Environmental Protection district centers; amending s. 403.816, 214 F.S.; conforming provisions to include Port Citrus in provisions 215 relating to certain maintenance projects at deepwater ports and 216 beach restoration projects; 217