Bill No. CS/CS/CS/HB 991
Amendment No. 006981
Senate House

1Representative Patronis offered the following:
3     Amendment (with title amendment)
4     Between lines 1937 and 1938, insert:
5     Section 35.  Paragraph (d) of subsection (1) of section
620.23, Florida Statutes, is amended to read:
7     20.23  Department of Transportation.-There is created a
8Department of Transportation which shall be a decentralized
10     (1)
11     (d)  The secretary may appoint up to three assistant
12secretaries who shall be directly responsible to the secretary
13and who shall perform such duties as are assigned by the
14secretary. The secretary shall designate to an assistant
15secretary the duties related to enhancing economic prosperity,
16including, but not limited to, the responsibility of liaison
17with the head of economic development in the Executive Office of
18the Governor. Such assistant secretary shall be directly
19responsible for providing the Executive Office of the Governor
20with investment opportunities and transportation projects that
21expand the state's role as a global hub for trade and investment
22and enhance the supply chain system in the state to process,
23assemble, and ship goods to markets throughout the eastern
24United States, Canada, the Caribbean, and Latin America. The
25secretary may delegate to any assistant secretary the authority
26to act in the absence of the secretary.
27     Section 36.  Subsection (3) of section 311.09, Florida
28Statutes, is amended to read:
29     311.09  Florida Seaport Transportation and Economic
30Development Council.-
31     (3)  The council shall prepare a 5-year Florida Seaport
32Mission Plan defining the goals and objectives of the council
33concerning the development of port facilities and an intermodal
34transportation system consistent with the goals of the Florida
35Transportation Plan developed pursuant to s. 339.155. The
36Florida Seaport Mission Plan shall include specific
37recommendations for the construction of transportation
38facilities connecting any port to another transportation mode
39and for the efficient, cost-effective development of
40transportation facilities or port facilities for the purpose of
41enhancing international trade, promoting cargo flow, increasing
42cruise passenger movements, increasing port revenues, and
43providing economic benefits to the state. The council shall
44develop a priority list of projects based on these
45recommendations annually and submit the list to the Department
46of Transportation. The council shall update the 5-year Florida
47Seaport Mission Plan annually and shall submit the plan no later
48than February 1 of each year to the President of the Senate; the
49Speaker of the House of Representatives; the Office of Tourism,
50Trade, and Economic Development; the Department of
51Transportation; and the Department of Community Affairs. The
52council shall develop programs, based on an examination of
53existing programs in Florida and other states, for the training
54of minorities and secondary school students in job skills
55associated with employment opportunities in the maritime
56industry, and report on progress and recommendations for further
57action to the President of the Senate and the Speaker of the
58House of Representatives annually.
59     Section 37.  Section 311.14, Florida Statutes, is amended
60to read:
61     311.14  Seaport freight-mobility planning.-
62     (1)  The Florida Seaport Transportation and Economic
63Development Council, in cooperation with the Office of the State
64Public Transportation Administrator within the Department of
65Transportation, shall develop freight-mobility and trade-
66corridor plans to assist in making freight-mobility investments
67that contribute to the economic growth of the state. Such plans
68should enhance the integration and connectivity of the
69transportation system across and between transportation modes
70throughout Florida for people and freight.
71     (2)  The Office of the State Public Transportation
72Administrator shall act to integrate freight-mobility and trade-
73corridor plans into the Florida Transportation Plan developed
74pursuant to s. 339.155 and into the plans and programs of
75metropolitan planning organizations as provided in s. 339.175.
76The office may also provide assistance in expediting the
77transportation permitting process relating to the construction
78of seaport freight-mobility projects located outside the
79physical borders of seaports. The Department of Transportation
80may contract, as provided in s. 334.044, with any port listed in
81s. 311.09(1) or any such other statutorily authorized seaport
82entity to act as an agent in the construction of seaport
83freight-mobility projects.
84     (3)  Each port shall develop a strategic plan with a 10-
85year horizon. Each plan must include the following:
86     (a)  An economic development component that identifies
87targeted business opportunities for increasing business and
88attracting new business for which a particular facility has a
89strategic advantage over its competitors, identifies financial
90resources and other inducements to encourage growth of existing
91business and acquisition of new business, and provides a
92projected schedule for attainment of the plan's goals.
93     (b)  An infrastructure development and improvement
94component that identifies all projected infrastructure
95improvements within the plan area which require improvement,
96expansion, or development in order for a port to attain a
97strategic advantage for competition with national and
98international competitors.
99     (c)  A component that identifies all intermodal
100transportation facilities, including sea, air, rail, or road
101facilities, which are available or have potential, with
102improvements, to be available for necessary national and
103international commercial linkages and provides a plan for the
104integration of port, airport, and railroad activities with
105existing and planned transportation infrastructure.
106     (d)  A component that identifies physical, environmental,
107and regulatory barriers to achievement of the plan's goals and
108provides recommendations for overcoming those barriers.
109     (e)  An intergovernmental coordination component that
110specifies modes and methods to coordinate plan goals and
111missions with the missions of the Department of Transportation,
112other state agencies, and affected local, general-purpose
115To the extent feasible, the port strategic plan must be
116consistent with the local government comprehensive plans of the
117units of local government in which the port is located. Upon
118approval of a plan by the port's board, the plan shall be
119submitted to the Florida Seaport Transportation and Economic
120Development Council.
121     (4)  The Florida Seaport Transportation and Economic
122Development Council shall review the strategic plans submitted
123by each port and prioritize strategic needs for inclusion in the
124Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
125     Section 38.  Subsection (1) of section 339.155, Florida
126Statutes, is amended to read:
127     339.155  Transportation planning.-
128     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
129develop and annually update a statewide transportation plan, to
130be known as the Florida Transportation Plan. The plan shall be
131designed so as to be easily read and understood by the general
132public. The plan shall consider the needs of the entire state
133transportation system and examine the use of all modes of
134transportation to effectively and efficiently meet such needs.
135The purpose of the Florida Transportation Plan is to establish
136and define the state's long-range transportation goals and
137objectives to be accomplished over a period of at least 20 years
138within the context of the State Comprehensive Plan, and any
139other statutory mandates and authorizations and based upon the
140prevailing principles of:
141     (a)  Preserving the existing transportation
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
146investment. The Florida Transportation Plan shall consider the
147needs of the entire state transportation system and examine the
148use of all modes of transportation to effectively and
149efficiently meet such needs.
150     Section 39.  Subsection (2) of section 339.63, Florida
151Statutes, is amended to read:
152     339.63  System facilities designated; additions and
154     (2)  The Strategic Intermodal System and the Emerging
155Strategic Intermodal System include four three different types
156of facilities that each form one component of an interconnected
157transportation system which types include:
158     (a)  Existing or planned hubs that are ports and terminals
159including airports, seaports, spaceports, passenger terminals,
160and rail terminals serving to move goods or people between
161Florida regions or between Florida and other markets in the
162United States and the rest of the world.;
163     (b)  Existing or planned corridors that are highways, rail
164lines, waterways, and other exclusive-use facilities connecting
165major markets within Florida or between Florida and other states
166or nations.; and
167     (c)  Existing or planned intermodal connectors that are
168highways, rail lines, waterways or local public transit systems
169serving as connectors between the components listed in
170paragraphs (a) and (b).
171     (d)  Existing or planned facilities that significantly
172improve the state's competitive position to compete for the
173movement of additional goods into and through this state.
174     Section 40.  Subsection (12) is added to section 373.406,
175Florida Statutes, to read:
176     373.406  Exemptions.-The following exemptions shall apply:
177     (12)  An overwater pier, dock, or a similar structure
178located in a deepwater port listed in s. 311.09 is not
179considered to be part of a stormwater management system for
180which this chapter or chapter 403 requires stormwater from
181impervious surfaces to be treated if:
182     (a)  The port has a stormwater pollution prevention plan
183for industrial activities pursuant to the National Pollutant
184Discharge Elimination System Program; and
185     (b)  The stormwater pollution prevention plan also provides
186similar pollution prevention measures for other activities that
187are not subject to the National Pollutant Discharge Elimination
188System Program and that occur on the port's overwater piers,
189docks, and similar structures.
190     Section 41.  Paragraph (a) of subsection (8) of section
191373.4133, Florida Statutes, is amended to read:
192     373.4133  Port conceptual permits.-
193     (8)  Except as otherwise provided in this section, the
194following procedures apply to the approval or denial of an
195application for a port conceptual permit or a final permit or
197     (a)  Applications for a port conceptual permit, including
198any request for the conceptual approval of the use of
199sovereignty submerged lands, shall be processed in accordance
200with the provisions of ss. 373.427 and 120.60, with the
201following exceptions:.
202     1.  An application for a port conceptual permit, and any
203applications for subsequent construction contained in a port
204conceptual permit, must be approved or denied within 60 days
205after receipt of a completed application.
206     2.  The department may request additional information no
207more than twice, unless the applicant waives this limitation in
208writing. If the applicant does not provide a response to the
209second request for additional information within 90 days or
210another time period mutually agreed upon between the applicant
211and department, the application shall be considered withdrawn.
213     3.  If the applicant believes that any request for
214additional information is not authorized by law or agency rule,
215the applicant may request an informal hearing pursuant to s.
216120.57(2) before the Secretary of Environmental Protection to
217determine whether the application is complete.
218     4.  If a third party petitions to challenge the issuance of
219a port conceptual permit by the department, the petitioner
220initiating the action has the burden of ultimate persuasion and,
221in the first instance, has the burden of going forward with the
223     Section 42.  Subsection (3) of section 403.813, Florida
224Statutes, is amended to read:
225     403.813  Permits issued at district centers; exceptions.-
226     (3)  A permit is not required under this chapter, chapter
227373, chapter 61-691, Laws of Florida, or chapter 25214 or
228chapter 25270, 1949, Laws of Florida, for maintenance dredging
229conducted under this section by the seaports of Jacksonville,
230Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
231Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
232Pensacola, Key West, and Fernandina or by inland navigation
233districts if the dredging to be performed is no more than is
234necessary to restore previously dredged areas to original design
235specifications or configurations, previously undisturbed natural
236areas are not significantly impacted, and the work conducted
237does not violate the protections for manatees under s.
238379.2431(2)(d). In addition:
239     (a)  A mixing zone for turbidity is granted within a 150-
240meter radius from the point of dredging while dredging is
241ongoing, except that the mixing zone may not extend into areas
242supporting wetland communities, submerged aquatic vegetation, or
243hardbottom communities.
244     (b)  The discharge of the return water from the site used
245for the disposal of dredged material shall be allowed only if
246such discharge does not result in a violation of water quality
247standards in the receiving waters. The return-water discharge
248into receiving waters shall be granted a mixing zone for
249turbidity within a 150-meter radius from the point of discharge
250into the receiving waters during and immediately after the
251dredging, except that the mixing zone may not extend into areas
252supporting wetland communities, submerged aquatic vegetation, or
253hardbottom communities. Ditches, pipes, and similar types of
254linear conveyances may not be considered receiving waters for
255the purposes of this paragraph.
256     (c)  The state may not exact a charge for material that
257this subsection allows a public port or an inland navigation
258district to remove. In addition, consent to use any sovereignty
259submerged lands pursuant to this section is hereby granted.
260     (d)  The use of flocculants at the site used for disposal
261of the dredged material is allowed if the use, including
262supporting documentation, is coordinated in advance with the
263department and the department has determined that the use is not
264harmful to water resources.
265     (e)  The spoil material from maintenance dredging may be
266deposited in a self-contained, upland disposal site. The site is
267not 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
270been designed in accordance with generally accepted engineering
271standards for such disposal sites;
272     3.  The site has adequate capacity to receive and retain
273the dredged material; and
274     4.  The site has operating and maintenance procedures
275established that allow for discharge of return flow of water and
276to prevent the escape of the spoil material into the waters of
277the state.
278     (f)  The department must be notified at least 30 days
279before the commencement of maintenance dredging. The notice
280shall include, if applicable, the professional engineer
281certification required by paragraph (e).
282     (g)(e)  This subsection does not prohibit maintenance
283dredging of areas where the loss of original design function and
284constructed configuration has been caused by a storm event,
285provided that the dredging is performed as soon as practical
286after the storm event. Maintenance dredging that commences
287within 3 years after the storm event shall be presumed to
288satisfy this provision. If more than 3 years are needed to
289commence the maintenance dredging after the storm event, a
290request for a specific time extension to perform the maintenance
291dredging shall be submitted to the department, prior to the end
292of the 3-year period, accompanied by a statement, including
293supporting documentation, demonstrating that contractors are not
294available or that additional time is needed to obtain
295authorization for the maintenance dredging from the United
296States Army Corps of Engineers.
T I T L E  A M E N D M E N T
302     Remove line 212 and insert:
303specified properties; amending s. 20.23, F.S.; requiring
304the Secretary of Transportation to designate duties
305relating to certain investment opportunities and
306transportation projects to an assistant secretary;
307amending s. 311.09, F.S.; revising requirements for the
308inclusion of certain goals and objectives in the Florida
309Seaport Mission Plan; requiring the Florida Seaport
310Transportation and Economic Development Council to develop
311a priority list of projects and submit the list to the
312Department of Transportation; amending s. 311.14, F.S.;
313requiring certain ports to develop strategic plans;
314providing criteria for such plans; requiring such plans to
315be consistent with local government comprehensive plans;
316requiring such plans to be submitted to the Florida
317Seaport Transportation and Economic Development Council;
318requiring the Florida Seaport Transportation and Economic
319Development Council to review such plans and include
320related information in the Florida Seaport Mission Plan;
321amending s. 339.155, F.S.; clarifying and revising the
322principles on which the Florida Transportation Plan is
323based; amending s. 339.63, F.S.; adding certain existing
324and planned facilities to the list of facilities included
325in the Strategic Intermodal System and the Emerging
326Strategic Intermodal System; amending s. 373.406, F.S.;
327exempting overwater piers, docks, and structures located
328in deepwater ports from stormwater management system
329requirements under specified conditions; amending s.
330373.4133, F.S.; requiring the Department of Environmental
331Protection to approve or deny an application for a port
332conceptual permit within a specified time; providing a
333limitation for the request of additional information from
334an applicant by the department; providing that failure of
335an applicant to respond to such a request within a
336specified time constitutes withdrawal of the application;
337providing that a third party who challenge the issuance of
338a port conceptual permit has the burden of ultimate
339persuasion and the burden of going forward with evidence;
340amending s. 403.813, F.S.; exempting specified seaports
341and inland navigation districts from requirements to
342conduct maintenance dredging under certain conditions;
343excluding ditches, pipes, and similar linear conveyances
344from consideration as receiving waters for the disposal of
345dredged materials; authorizing public ports and inland
346navigation districts to use sovereignty submerged lands in
347connection with maintenance dredging; authorizing the
348disposal of spoil material on specified sites; providing
349an exemption from permitting requirements for sites that
350meet specified criteria; requiring notice to the
351Department of Environmental Protection of intent to use
352the exemption; providing an effective date.

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