Florida Senate - 2011                                     SB 768
       
       
       
       By Senator Ring
       
       
       
       
       32-00777A-11                                           2011768__
    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
    6         Development Program; requiring the Florida Seaport
    7         Transportation and Economic Development Council and
    8         the Assistant Secretary of Intermodal Systems
    9         Development of the Department of Transportation to
   10         identify certain state funds for the purpose of
   11         funding the program; amending s. 311.09, F.S.;
   12         increasing the amount of funding the department is
   13         required to include in its annual legislative budget
   14         request for the Florida Seaport Transportation and
   15         Economic Development grant program; requiring the
   16         council and the assistant secretary to identify
   17         certain state funds for the purpose of funding the
   18         program; creating s. 311.23, F.S.; establishing the
   19         Florida seaport infrastructure bank within the Florida
   20         Seaport Transportation and Economic Development
   21         Program to provide loans and credit enhancements to
   22         certain deepwater seaports and private entities for
   23         specified projects; amending s. 320.20, F.S.; revising
   24         provisions for the repayment of bonds relating to the
   25         Florida Seaport Transportation and Economic
   26         Development Program; providing for certain revenue
   27         bonds and other indebtedness relating to the program
   28         to be issued by the Florida Ports Financing
   29         Commission; amending s. 373.406, F.S.; exempting
   30         overwater piers, docks, and structures located in
   31         deepwater ports from stormwater management system
   32         requirements under specified conditions; amending s.
   33         373.4133, F.S.; requiring the Department of
   34         Environmental Protection to issue a notice of intent
   35         for a port conceptual permit within a specified time;
   36         providing that a notice of intent to issue such permit
   37         creates a rebuttable presumption of compliance with
   38         specified standards and authorization; providing a
   39         standard for overcoming such a presumption; requiring
   40         the department to issue certain permits within a
   41         specified time and to notify specified entities of
   42         certain 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 per
   51  year shall be made available from the State Transportation Trust
   52  Fund to fund the Florida Seaport Transportation and Economic
   53  Development Program. Beginning July 1, 2013, the Florida Seaport
   54  Transportation and Economic Development Council and the
   55  Assistant Secretary for Intermodal Systems Development shall
   56  identify a minimum of $50 million per year in state funds that
   57  can be made available to fund the Florida Seaport Transportation
   58  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, roadways,
  119  rail facilities, and other transportation terminals, pursuant to
  120  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 which 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  which 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 project
  158  to proceed at an earlier date than would otherwise be possible.
  159         (c) The extent to which assistance would foster innovative
  160  public-private partnerships and attract private debt or equity
  161  investment.
  162         (d) The amount of the proposed assistance as a percentage
  163  of the overall project costs with emphasis on local and private
  164  participation.
  165         (e) The extent to which damage from a disaster that results
  166  in a declaration of emergency has impacted a deepwater seaport’s
  167  ability to maintain its previous level of service and remain
  168  accessible to the public or has had a major impact on the cash
  169  flow or revenue-generation ability of the facility.
  170         (7) The council may adopt rules to implement the seaport
  171  infrastructure bank.
  172         (8) The council may use any available funds appropriated by
  173  the Legislature pursuant to s. 311.07 or s. 320.20 for the
  174  purposes of the seaport infrastructure bank.
  175         Section 4. Subsections (3) and (4) of section 320.20,
  176  Florida Statutes, are amended to read:
  177         320.20 Disposition of license tax moneys.—The revenue
  178  derived from the registration of motor vehicles, including any
  179  delinquent fees and excluding those revenues collected and
  180  distributed under the provisions of s. 320.081, must be
  181  distributed monthly, as collected, as follows:
  182         (3) Notwithstanding any other provision of law except
  183  subsections (1) and (2), on July 1, 1996, and annually
  184  thereafter, $15 million shall be deposited in the State
  185  Transportation Trust Fund solely for the purposes of funding the
  186  Florida Seaport Transportation and Economic Development Program
  187  as provided for in chapter 311. Such revenues shall be
  188  distributed on a 50-50 matching basis to any port listed in s.
  189  311.09(1) to be used for funding projects as described in s.
  190  311.07(3)(b). Such revenues may be assigned, pledged, or set
  191  aside as a trust for the payment of principal or interest on
  192  bonds, tax anticipation certificates, or any other form of
  193  indebtedness issued by an individual port or appropriate local
  194  government having jurisdiction thereof, or collectively by
  195  interlocal agreement among any of the ports, or used to purchase
  196  credit support to permit such borrowings. However, such debt
  197  shall not constitute a general obligation of the State of
  198  Florida. The state does hereby covenant with holders of such
  199  revenue bonds or other instruments of indebtedness issued
  200  hereunder that it will not repeal or impair or amend in any
  201  manner which will materially and adversely affect the rights of
  202  such holders so long as bonds authorized by this section are
  203  outstanding. Any revenues which are not pledged to the repayment
  204  of bonds as authorized by this section may be utilized for
  205  purposes authorized under the Florida Seaport Transportation and
  206  Economic Development Program. This revenue source is in addition
  207  to any amounts provided for and appropriated in accordance with
  208  s. 311.07. The Florida Seaport Transportation and Economic
  209  Development Council shall approve distribution of funds to ports
  210  for projects which have been approved pursuant to s. 311.09(5)
  211  (9). The council and the Department of Transportation are
  212  authorized to perform such acts as are required to facilitate
  213  and implement the provisions of this subsection. To better
  214  enable the ports to cooperate to their mutual advantage, the
  215  governing body of each port may exercise powers provided to
  216  municipalities or counties in s. 163.01(7)(d) subject to the
  217  provisions of chapter 311 and special acts, if any, pertaining
  218  to a port. The use of funds provided pursuant to this subsection
  219  are limited to eligible projects listed in this subsection.
  220  Income derived from a project completed with the use of program
  221  funds, beyond operating costs and debt service, shall be
  222  restricted to further port capital improvements consistent with
  223  maritime purposes and for no other purpose. Use of such income
  224  for nonmaritime purposes is prohibited. The provisions of s.
  225  311.07(4) do not apply to any funds received pursuant to this
  226  subsection. The revenues available under this subsection shall
  227  not be pledged to the payment of any bonds other than the
  228  Florida Ports Financing Commission Series 1996 and Series 1999
  229  Bonds currently outstanding; provided, however, such revenues
  230  may be pledged to secure payment of refunding bonds to refinance
  231  the Florida Ports Financing Commission Series 1996 and Series
  232  1999 Bonds. No refunding bonds secured by revenues available
  233  under this subsection may be issued with a final maturity later
  234  than the final maturity of the Florida Ports Financing
  235  Commission Series 1996 and Series 1999 Bonds or which provide
  236  for higher debt service in any year than is currently payable on
  237  such bonds. Any revenue bonds or other indebtedness issued after
  238  July 1, 2011 2000, other than refunding bonds shall be issued by
  239  the Florida Ports Financing Commission in such a manner as to
  240  ensure that the greatest amount of revenue is available for
  241  eligible ports projects. The commission may consult with the
  242  Division of Bond Finance relating to the issuance of any revenue
  243  bonds at the request of the Department of Transportation
  244  pursuant to the State Bond Act.
  245         (4) Notwithstanding any other provision of law except
  246  subsections (1), (2), and (3), on July 1, 1999, and annually
  247  thereafter, $10 million shall be deposited in the State
  248  Transportation Trust Fund solely for the purposes of funding the
  249  Florida Seaport Transportation and Economic Development Program
  250  as provided in chapter 311 and for funding seaport intermodal
  251  access projects of statewide significance as provided in s.
  252  341.053. Such revenues shall be distributed to any port listed
  253  in s. 311.09(1), to be used for funding projects as follows:
  254         (a) For any seaport intermodal access projects that are
  255  identified in the 1997-1998 Tentative Work Program of the
  256  Department of Transportation, up to the amounts needed to offset
  257  the funding requirements of this section.
  258         (b) For seaport intermodal access projects as described in
  259  s. 341.053(5) that are identified in the 5-year Florida Seaport
  260  Mission Plan as provided in s. 311.09(3). Funding for such
  261  projects shall be on a matching basis as mutually determined by
  262  the Florida Seaport Transportation and Economic Development
  263  Council and the Department of Transportation, provided a minimum
  264  of 25 percent of total project funds shall come from any port
  265  funds, local funds, private funds, or specifically earmarked
  266  federal funds.
  267         (c) On a 50-50 matching basis for projects as described in
  268  s. 311.07(3)(b).
  269         (d) For seaport intermodal access projects that involve the
  270  dredging or deepening of channels, turning basins, or harbors;
  271  or the rehabilitation of wharves, docks, or similar structures.
  272  Funding for such projects shall require a 25 percent match of
  273  the funds received pursuant to this subsection. Matching funds
  274  shall come from any port funds, federal funds, local funds, or
  275  private funds.
  276  
  277  Such revenues may be assigned, pledged, or set aside as a trust
  278  for the payment of principal or interest on bonds, tax
  279  anticipation certificates, or any other form of indebtedness
  280  issued by an individual port or appropriate local government
  281  having jurisdiction thereof, or collectively by interlocal
  282  agreement among any of the ports, or used to purchase credit
  283  support to permit such borrowings. However, such debt shall not
  284  constitute a general obligation of the state. This state does
  285  hereby covenant with holders of such revenue bonds or other
  286  instruments of indebtedness issued hereunder that it will not
  287  repeal or impair or amend this subsection in any manner which
  288  will materially and adversely affect the rights of holders so
  289  long as bonds authorized by this subsection are outstanding. Any
  290  revenues that are not pledged to the repayment of bonds as
  291  authorized by this section may be utilized for purposes
  292  authorized under the Florida Seaport Transportation and Economic
  293  Development Program. This revenue source is in addition to any
  294  amounts provided for and appropriated in accordance with s.
  295  311.07 and subsection (3). The Florida Seaport Transportation
  296  and Economic Development Council shall approve distribution of
  297  funds to ports for projects that have been approved pursuant to
  298  s. 311.09(5)-(9), or for seaport intermodal access projects
  299  identified in the 5-year Florida Seaport Mission Plan as
  300  provided in s. 311.09(3) and mutually agreed upon by the FSTED
  301  Council and the Department of Transportation. All contracts for
  302  actual construction of projects authorized by this subsection
  303  must include a provision encouraging employment of participants
  304  in the welfare transition program. The goal for employment of
  305  participants in the welfare transition program is 25 percent of
  306  all new employees employed specifically for the project, unless
  307  the Department of Transportation and the Florida Seaport
  308  Transportation and Economic Development Council demonstrate that
  309  such a requirement would severely hamper the successful
  310  completion of the project. In such an instance, Workforce
  311  Florida, Inc., shall establish an appropriate percentage of
  312  employees that must be participants in the welfare transition
  313  program. The council and the Department of Transportation are
  314  authorized to perform such acts as are required to facilitate
  315  and implement the provisions of this subsection. To better
  316  enable the ports to cooperate to their mutual advantage, the
  317  governing body of each port may exercise powers provided to
  318  municipalities or counties in s. 163.01(7)(d) subject to the
  319  provisions of chapter 311 and special acts, if any, pertaining
  320  to a port. The use of funds provided pursuant to this subsection
  321  is limited to eligible projects listed in this subsection. The
  322  provisions of s. 311.07(4) do not apply to any funds received
  323  pursuant to this subsection. The revenues available under this
  324  subsection shall not be pledged to the payment of any bonds
  325  other than the Florida Ports Financing Commission Series 1996
  326  and Series 1999 Bonds currently outstanding; provided, however,
  327  such revenues may be pledged to secure payment of refunding
  328  bonds to refinance the Florida Ports Financing Commission Series
  329  1996 and Series 1999 Bonds. No refunding bonds secured by
  330  revenues available under this subsection may be issued with a
  331  final maturity later than the final maturity of the Florida
  332  Ports Financing Commission Series 1996 and Series 1999 Bonds or
  333  which provide for higher debt service in any year than is
  334  currently payable on such bonds. Any revenue bonds or other
  335  indebtedness issued after July 1, 2011 2000, other than
  336  refunding bonds shall be issued by the Florida Ports Financing
  337  Commission in such a manner as to ensure that the greatest
  338  amount of revenue is available for eligible ports projects. The
  339  commission may consult with the Division of Bond Finance
  340  relating to the issuance of any revenue bonds at the request of
  341  the Department of Transportation pursuant to the State Bond Act.
  342         Section 5. Subsection (12) is added to section 373.406,
  343  Florida Statutes, to read:
  344         373.406 Exemptions.—The following exemptions shall apply:
  345         (12) All overwater piers, docks, and similar structures
  346  located in a deepwater port listed in s. 311.09 are not part of
  347  a stormwater management system and are not impervious under this
  348  chapter or chapter 403 if the port has a Stormwater Pollution
  349  Prevention Plan pursuant to the National Pollutant Discharge
  350  Elimination System Program.
  351         Section 6. Subsection (8) of section 373.4133, Florida
  352  Statutes, is amended to read:
  353         373.4133 Port conceptual permits.—
  354         (8) Except as otherwise provided in this section, the
  355  following procedures apply to the approval or denial of an
  356  application for a port conceptual permit or a final permit or
  357  authorization:
  358         (a) Applications for a port conceptual permit, including
  359  any request for the conceptual approval of the use of
  360  sovereignty submerged lands, shall be processed in accordance
  361  with the provisions of ss. 373.427 and 120.60. However, if the
  362  applicant believes that any request for additional information
  363  is not authorized by law or agency rule, the applicant may
  364  request an informal hearing pursuant to s. 120.57(2) before the
  365  Secretary of Environmental Protection to determine whether the
  366  application is complete.
  367         (b) Notwithstanding any other provision of law, the
  368  department shall issue a notice of intent within 30 days after
  369  receipt of an application for a port conceptual permit. Upon
  370  issuance of the department’s notice of intent to issue or deny a
  371  port conceptual permit, the applicant shall publish a one-time
  372  notice of such intent, prepared by the department, in the
  373  newspaper with the largest general circulation in the county or
  374  counties where the port is located.
  375         (c) A notice of intent to issue a port conceptual permit
  376  creates a rebuttable presumption that development of the port or
  377  private facilities consistent with the approved port master plan
  378  complies with all applicable standards for issuance of a
  379  conceptual permit, an environmental resource permit, and
  380  sovereign lands authorization pursuant to chapters 161, 253,
  381  373, and 403. The presumption may be overcome only by clear and
  382  convincing evidence.
  383         (d) Upon issuance and finalization of a port conceptual
  384  permit, and, if necessary, an environmental resource permit or
  385  sovereign lands authorization pursuant to this section, the
  386  department shall notify the United States Army Corps of
  387  Engineers that the applicant is in compliance with all state
  388  water quality and regulatory requirements and shall issue any
  389  requested construction permit within 30 days after receipt of
  390  the request.
  391         (e)(c) Final agency action on a port conceptual permit is
  392  subject to challenge pursuant to ss. 120.569 and 120.57.
  393  However, final agency action to authorize subsequent
  394  construction of facilities contained in a port conceptual permit
  395  may only be challenged by a third party for consistency with the
  396  port conceptual permit.
  397         (f)(d) A person who will be substantially affected by a
  398  final agency action described in paragraph (e) (c) must initiate
  399  administrative proceedings pursuant to ss. 120.569 and 120.57
  400  within 21 days after the publication of the notice of the
  401  proposed action. If administrative proceedings are requested,
  402  the proceedings are subject to the summary hearing provisions of
  403  s. 120.574. However, if the decision of the administrative law
  404  judge will be a recommended order rather than a final order, a
  405  summary proceeding must be conducted within 90 days after a
  406  party files a motion for summary hearing, regardless of whether
  407  the parties agree to the summary proceeding.
  408         Section 7. This act shall take effect July 1, 2011.