| 1 | Representative Patronis offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 1937 and 1938, insert: |
| 5 | Section 35. Paragraph (d) of subsection (1) of section |
| 6 | 20.23, Florida Statutes, is amended to read: |
| 7 | 20.23 Department of Transportation.-There is created a |
| 8 | Department of Transportation which shall be a decentralized |
| 9 | agency. |
| 10 | (1) |
| 11 | (d) The secretary may appoint up to three assistant |
| 12 | secretaries who shall be directly responsible to the secretary |
| 13 | and who shall perform such duties as are assigned by the |
| 14 | secretary. The secretary shall designate to an assistant |
| 15 | secretary the duties related to enhancing economic prosperity, |
| 16 | including, but not limited to, the responsibility of liaison |
| 17 | with the head of economic development in the Executive Office of |
| 18 | the Governor. Such assistant secretary shall be directly |
| 19 | responsible for providing the Executive Office of the Governor |
| 20 | with investment opportunities and transportation projects that |
| 21 | expand the state's role as a global hub for trade and investment |
| 22 | and enhance the supply chain system in the state to process, |
| 23 | assemble, and ship goods to markets throughout the eastern |
| 24 | United States, Canada, the Caribbean, and Latin America. The |
| 25 | secretary may delegate to any assistant secretary the authority |
| 26 | to act in the absence of the secretary. |
| 27 | Section 36. Subsection (3) of section 311.09, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 311.09 Florida Seaport Transportation and Economic |
| 30 | Development Council.- |
| 31 | (3) The council shall prepare a 5-year Florida Seaport |
| 32 | Mission Plan defining the goals and objectives of the council |
| 33 | concerning the development of port facilities and an intermodal |
| 34 | transportation system consistent with the goals of the Florida |
| 35 | Transportation Plan developed pursuant to s. 339.155. The |
| 36 | Florida Seaport Mission Plan shall include specific |
| 37 | recommendations for the construction of transportation |
| 38 | facilities connecting any port to another transportation mode |
| 39 | and for the efficient, cost-effective development of |
| 40 | transportation facilities or port facilities for the purpose of |
| 41 | enhancing international trade, promoting cargo flow, increasing |
| 42 | cruise passenger movements, increasing port revenues, and |
| 43 | providing economic benefits to the state. The council shall |
| 44 | develop a priority list of projects based on these |
| 45 | recommendations annually and submit the list to the Department |
| 46 | of Transportation. The council shall update the 5-year Florida |
| 47 | Seaport Mission Plan annually and shall submit the plan no later |
| 48 | than February 1 of each year to the President of the Senate; the |
| 49 | Speaker of the House of Representatives; the Office of Tourism, |
| 50 | Trade, and Economic Development; the Department of |
| 51 | Transportation; and the Department of Community Affairs. The |
| 52 | council shall develop programs, based on an examination of |
| 53 | existing programs in Florida and other states, for the training |
| 54 | of minorities and secondary school students in job skills |
| 55 | associated with employment opportunities in the maritime |
| 56 | industry, and report on progress and recommendations for further |
| 57 | action to the President of the Senate and the Speaker of the |
| 58 | House of Representatives annually. |
| 59 | Section 37. Section 311.14, Florida Statutes, is amended |
| 60 | to read: |
| 61 | 311.14 Seaport freight-mobility planning.- |
| 62 | (1) The Florida Seaport Transportation and Economic |
| 63 | Development Council, in cooperation with the Office of the State |
| 64 | Public Transportation Administrator within the Department of |
| 65 | Transportation, shall develop freight-mobility and trade- |
| 66 | corridor plans to assist in making freight-mobility investments |
| 67 | that contribute to the economic growth of the state. Such plans |
| 68 | should enhance the integration and connectivity of the |
| 69 | transportation system across and between transportation modes |
| 70 | throughout Florida for people and freight. |
| 71 | (2) The Office of the State Public Transportation |
| 72 | Administrator shall act to integrate freight-mobility and trade- |
| 73 | corridor plans into the Florida Transportation Plan developed |
| 74 | pursuant to s. 339.155 and into the plans and programs of |
| 75 | metropolitan planning organizations as provided in s. 339.175. |
| 76 | The office may also provide assistance in expediting the |
| 77 | transportation permitting process relating to the construction |
| 78 | of seaport freight-mobility projects located outside the |
| 79 | physical borders of seaports. The Department of Transportation |
| 80 | may contract, as provided in s. 334.044, with any port listed in |
| 81 | s. 311.09(1) or any such other statutorily authorized seaport |
| 82 | entity to act as an agent in the construction of seaport |
| 83 | freight-mobility projects. |
| 84 | (3) Each port shall develop a strategic plan with a 10- |
| 85 | year horizon. Each plan must include the following: |
| 86 | (a) An economic development component that identifies |
| 87 | targeted business opportunities for increasing business and |
| 88 | attracting new business for which a particular facility has a |
| 89 | strategic advantage over its competitors, identifies financial |
| 90 | resources and other inducements to encourage growth of existing |
| 91 | business and acquisition of new business, and provides a |
| 92 | projected schedule for attainment of the plan's goals. |
| 93 | (b) An infrastructure development and improvement |
| 94 | component that identifies all projected infrastructure |
| 95 | improvements within the plan area which require improvement, |
| 96 | expansion, or development in order for a port to attain a |
| 97 | strategic advantage for competition with national and |
| 98 | international competitors. |
| 99 | (c) A component that identifies all intermodal |
| 100 | transportation facilities, including sea, air, rail, or road |
| 101 | facilities, which are available or have potential, with |
| 102 | improvements, to be available for necessary national and |
| 103 | international commercial linkages and provides a plan for the |
| 104 | integration of port, airport, and railroad activities with |
| 105 | existing and planned transportation infrastructure. |
| 106 | (d) A component that identifies physical, environmental, |
| 107 | and regulatory barriers to achievement of the plan's goals and |
| 108 | provides recommendations for overcoming those barriers. |
| 109 | (e) An intergovernmental coordination component that |
| 110 | specifies modes and methods to coordinate plan goals and |
| 111 | missions with the missions of the Department of Transportation, |
| 112 | other state agencies, and affected local, general-purpose |
| 113 | governments. |
| 114 |
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| 115 | To the extent feasible, the port strategic plan must be |
| 116 | consistent with the local government comprehensive plans of the |
| 117 | units of local government in which the port is located. Upon |
| 118 | approval of a plan by the port's board, the plan shall be |
| 119 | submitted to the Florida Seaport Transportation and Economic |
| 120 | Development Council. |
| 121 | (4) The Florida Seaport Transportation and Economic |
| 122 | Development Council shall review the strategic plans submitted |
| 123 | by each port and prioritize strategic needs for inclusion in the |
| 124 | Florida Seaport Mission Plan prepared pursuant to s. 311.09(3). |
| 125 | Section 38. Subsection (1) of section 339.155, Florida |
| 126 | Statutes, is amended to read: |
| 127 | 339.155 Transportation planning.- |
| 128 | (1) THE FLORIDA TRANSPORTATION PLAN.-The department shall |
| 129 | develop and annually update a statewide transportation plan, to |
| 130 | be known as the Florida Transportation Plan. The plan shall be |
| 131 | designed so as to be easily read and understood by the general |
| 132 | public. The plan shall consider the needs of the entire state |
| 133 | transportation system and examine the use of all modes of |
| 134 | transportation to effectively and efficiently meet such needs. |
| 135 | The purpose of the Florida Transportation Plan is to establish |
| 136 | and define the state's long-range transportation goals and |
| 137 | objectives to be accomplished over a period of at least 20 years |
| 138 | within the context of the State Comprehensive Plan, and any |
| 139 | other statutory mandates and authorizations and based upon the |
| 140 | prevailing principles of: |
| 141 | (a) Preserving the existing transportation |
| 142 | infrastructure.; |
| 143 | (b) Enhancing Florida's economic competitiveness.; and |
| 144 | (c) Improving travel choices to ensure mobility. |
| 145 | (d) Expanding the state's role as a hub for trade and |
| 146 | investment. The Florida Transportation Plan shall consider the |
| 147 | needs of the entire state transportation system and examine the |
| 148 | use of all modes of transportation to effectively and |
| 149 | efficiently meet such needs. |
| 150 | Section 39. Subsection (2) of section 339.63, Florida |
| 151 | Statutes, is amended to read: |
| 152 | 339.63 System facilities designated; additions and |
| 153 | deletions.- |
| 154 | (2) The Strategic Intermodal System and the Emerging |
| 155 | Strategic Intermodal System include four three different types |
| 156 | of facilities that each form one component of an interconnected |
| 157 | transportation system which types include: |
| 158 | (a) Existing or planned hubs that are ports and terminals |
| 159 | including airports, seaports, spaceports, passenger terminals, |
| 160 | and rail terminals serving to move goods or people between |
| 161 | Florida regions or between Florida and other markets in the |
| 162 | United States and the rest of the world.; |
| 163 | (b) Existing or planned corridors that are highways, rail |
| 164 | lines, waterways, and other exclusive-use facilities connecting |
| 165 | major markets within Florida or between Florida and other states |
| 166 | or nations.; and |
| 167 | (c) Existing or planned intermodal connectors that are |
| 168 | highways, rail lines, waterways or local public transit systems |
| 169 | serving as connectors between the components listed in |
| 170 | paragraphs (a) and (b). |
| 171 | (d) Existing or planned facilities that significantly |
| 172 | improve the state's competitive position to compete for the |
| 173 | movement of additional goods into and through this state. |
| 174 | Section 40. Subsection (12) is added to section 373.406, |
| 175 | Florida Statutes, to read: |
| 176 | 373.406 Exemptions.-The following exemptions shall apply: |
| 177 | (12) An overwater pier, dock, or a similar structure |
| 178 | located in a deepwater port listed in s. 311.09 is not |
| 179 | considered to be part of a stormwater management system for |
| 180 | which this chapter or chapter 403 requires stormwater from |
| 181 | impervious surfaces to be treated if: |
| 182 | (a) The port has a stormwater pollution prevention plan |
| 183 | for industrial activities pursuant to the National Pollutant |
| 184 | Discharge Elimination System Program; and |
| 185 | (b) The stormwater pollution prevention plan also provides |
| 186 | similar pollution prevention measures for other activities that |
| 187 | are not subject to the National Pollutant Discharge Elimination |
| 188 | System Program and that occur on the port's overwater piers, |
| 189 | docks, and similar structures. |
| 190 | Section 41. Paragraph (a) of subsection (8) of section |
| 191 | 373.4133, Florida Statutes, is amended to read: |
| 192 | 373.4133 Port conceptual permits.- |
| 193 | (8) Except as otherwise provided in this section, the |
| 194 | following procedures apply to the approval or denial of an |
| 195 | application for a port conceptual permit or a final permit or |
| 196 | authorization: |
| 197 | (a) Applications for a port conceptual permit, including |
| 198 | any request for the conceptual approval of the use of |
| 199 | sovereignty submerged lands, shall be processed in accordance |
| 200 | with the provisions of ss. 373.427 and 120.60, with the |
| 201 | following exceptions:. |
| 202 | 1. An application for a port conceptual permit, and any |
| 203 | applications for subsequent construction contained in a port |
| 204 | conceptual permit, must be approved or denied within 60 days |
| 205 | after receipt of a completed application. |
| 206 | 2. The department may request additional information no |
| 207 | more than twice, unless the applicant waives this limitation in |
| 208 | writing. If the applicant does not provide a response to the |
| 209 | second request for additional information within 90 days or |
| 210 | another time period mutually agreed upon between the applicant |
| 211 | and department, the application shall be considered withdrawn. |
| 212 | However, |
| 213 | 3. If the applicant believes that any request for |
| 214 | additional information is not authorized by law or agency rule, |
| 215 | the applicant may request an informal hearing pursuant to s. |
| 216 | 120.57(2) before the Secretary of Environmental Protection to |
| 217 | determine whether the application is complete. |
| 218 | 4. If a third party petitions to challenge the issuance of |
| 219 | a port conceptual permit by the department, the petitioner |
| 220 | initiating the action has the burden of ultimate persuasion and, |
| 221 | in the first instance, has the burden of going forward with the |
| 222 | evidence. |
| 223 | Section 42. Subsection (3) of section 403.813, Florida |
| 224 | Statutes, is amended to read: |
| 225 | 403.813 Permits issued at district centers; exceptions.- |
| 226 | (3) A permit is not required under this chapter, chapter |
| 227 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
| 228 | chapter 25270, 1949, Laws of Florida, for maintenance dredging |
| 229 | conducted under this section by the seaports of Jacksonville, |
| 230 | Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, |
| 231 | Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, |
| 232 | Pensacola, Key West, and Fernandina or by inland navigation |
| 233 | districts if the dredging to be performed is no more than is |
| 234 | necessary to restore previously dredged areas to original design |
| 235 | specifications or configurations, previously undisturbed natural |
| 236 | areas are not significantly impacted, and the work conducted |
| 237 | does not violate the protections for manatees under s. |
| 238 | 379.2431(2)(d). In addition: |
| 239 | (a) A mixing zone for turbidity is granted within a 150- |
| 240 | meter radius from the point of dredging while dredging is |
| 241 | ongoing, except that the mixing zone may not extend into areas |
| 242 | supporting wetland communities, submerged aquatic vegetation, or |
| 243 | hardbottom communities. |
| 244 | (b) The discharge of the return water from the site used |
| 245 | for the disposal of dredged material shall be allowed only if |
| 246 | such discharge does not result in a violation of water quality |
| 247 | standards in the receiving waters. The return-water discharge |
| 248 | into receiving waters shall be granted a mixing zone for |
| 249 | turbidity within a 150-meter radius from the point of discharge |
| 250 | into the receiving waters during and immediately after the |
| 251 | dredging, except that the mixing zone may not extend into areas |
| 252 | supporting wetland communities, submerged aquatic vegetation, or |
| 253 | hardbottom communities. Ditches, pipes, and similar types of |
| 254 | linear conveyances may not be considered receiving waters for |
| 255 | the purposes of this paragraph. |
| 256 | (c) The state may not exact a charge for material that |
| 257 | this subsection allows a public port or an inland navigation |
| 258 | district to remove. In addition, consent to use any sovereignty |
| 259 | submerged lands pursuant to this section is hereby granted. |
| 260 | (d) The use of flocculants at the site used for disposal |
| 261 | of the dredged material is allowed if the use, including |
| 262 | supporting documentation, is coordinated in advance with the |
| 263 | department and the department has determined that the use is not |
| 264 | harmful to water resources. |
| 265 | (e) The spoil material from maintenance dredging may be |
| 266 | deposited in a self-contained, upland disposal site. The site is |
| 267 | not required to be permitted if: |
| 268 | 1. The site exists as of January 1, 2011; |
| 269 | 2. A professional engineer certifies that the site has |
| 270 | been designed in accordance with generally accepted engineering |
| 271 | standards for such disposal sites; |
| 272 | 3. The site has adequate capacity to receive and retain |
| 273 | the dredged material; and |
| 274 | 4. The site has operating and maintenance procedures |
| 275 | established that allow for discharge of return flow of water and |
| 276 | to prevent the escape of the spoil material into the waters of |
| 277 | the state. |
| 278 | (f) The department must be notified at least 30 days |
| 279 | before the commencement of maintenance dredging. The notice |
| 280 | shall include, if applicable, the professional engineer |
| 281 | certification required by paragraph (e). |
| 282 | (g)(e) This subsection does not prohibit maintenance |
| 283 | dredging of areas where the loss of original design function and |
| 284 | constructed configuration has been caused by a storm event, |
| 285 | provided that the dredging is performed as soon as practical |
| 286 | after the storm event. Maintenance dredging that commences |
| 287 | within 3 years after the storm event shall be presumed to |
| 288 | satisfy this provision. If more than 3 years are needed to |
| 289 | commence the maintenance dredging after the storm event, a |
| 290 | request for a specific time extension to perform the maintenance |
| 291 | dredging shall be submitted to the department, prior to the end |
| 292 | of the 3-year period, accompanied by a statement, including |
| 293 | supporting documentation, demonstrating that contractors are not |
| 294 | available or that additional time is needed to obtain |
| 295 | authorization for the maintenance dredging from the United |
| 296 | States Army Corps of Engineers. |
| 297 |
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| 300 | ----------------------------------------------------- |
| 301 | T I T L E A M E N D M E N T |
| 302 | Remove line 212 and insert: |
| 303 | specified properties; amending s. 20.23, F.S.; requiring |
| 304 | the Secretary of Transportation to designate duties |
| 305 | relating to certain investment opportunities and |
| 306 | transportation projects to an assistant secretary; |
| 307 | amending s. 311.09, F.S.; revising requirements for the |
| 308 | inclusion of certain goals and objectives in the Florida |
| 309 | Seaport Mission Plan; requiring the Florida Seaport |
| 310 | Transportation and Economic Development Council to develop |
| 311 | a priority list of projects and submit the list to the |
| 312 | Department of Transportation; amending s. 311.14, F.S.; |
| 313 | requiring certain ports to develop strategic plans; |
| 314 | providing criteria for such plans; requiring such plans to |
| 315 | be consistent with local government comprehensive plans; |
| 316 | requiring such plans to be submitted to the Florida |
| 317 | Seaport Transportation and Economic Development Council; |
| 318 | requiring the Florida Seaport Transportation and Economic |
| 319 | Development Council to review such plans and include |
| 320 | related information in the Florida Seaport Mission Plan; |
| 321 | amending s. 339.155, F.S.; clarifying and revising the |
| 322 | principles on which the Florida Transportation Plan is |
| 323 | based; amending s. 339.63, F.S.; adding certain existing |
| 324 | and planned facilities to the list of facilities included |
| 325 | in the Strategic Intermodal System and the Emerging |
| 326 | Strategic Intermodal System; amending s. 373.406, F.S.; |
| 327 | exempting overwater piers, docks, and structures located |
| 328 | in deepwater ports from stormwater management system |
| 329 | requirements under specified conditions; amending s. |
| 330 | 373.4133, F.S.; requiring the Department of Environmental |
| 331 | Protection to approve or deny an application for a port |
| 332 | conceptual permit within a specified time; providing a |
| 333 | limitation for the request of additional information from |
| 334 | an applicant by the department; providing that failure of |
| 335 | an applicant to respond to such a request within a |
| 336 | specified time constitutes withdrawal of the application; |
| 337 | providing that a third party who challenge the issuance of |
| 338 | a port conceptual permit has the burden of ultimate |
| 339 | persuasion and the burden of going forward with evidence; |
| 340 | amending s. 403.813, F.S.; exempting specified seaports |
| 341 | and inland navigation districts from requirements to |
| 342 | conduct maintenance dredging under certain conditions; |
| 343 | excluding ditches, pipes, and similar linear conveyances |
| 344 | from consideration as receiving waters for the disposal of |
| 345 | dredged materials; authorizing public ports and inland |
| 346 | navigation districts to use sovereignty submerged lands in |
| 347 | connection with maintenance dredging; authorizing the |
| 348 | disposal of spoil material on specified sites; providing |
| 349 | an exemption from permitting requirements for sites that |
| 350 | meet specified criteria; requiring notice to the |
| 351 | Department of Environmental Protection of intent to use |
| 352 | the exemption; providing an effective date. |
| 353 |
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