Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1866
       
       
       
       
       
       
                                Barcode 182372                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2012           .                                
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       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 4612 - 4645
    4  and insert:
    5         Section 99. It is the intent of the Legislature to
    6  encourage and facilitate the merger of the governance, staff,
    7  operations, funding and facilities of the Pinellas Suncoast
    8  Transit Authority (PSTA) and the Hillsborough Area Regional
    9  Transit Authority (HART) in order to enhance the local and
   10  regional transit service and connectivity in the Tampa Bay area.
   11  Further, the Legislature finds that the merger of PSTA and HART
   12  will result in operational efficiencies, reduced administrative
   13  costs, and further the regional approach to transit identified
   14  in the Tampa Bay Area Regional Transportation Authority’s
   15  (TBARTA’s) Regional Transportation Master Plan (Master Plan).
   16         (1)	The governing bodies of the PSTA and HART are
   17  authorized to enter into an interlocal agreement that merges
   18  their agencies, and provides for each of the following elements
   19  concerning the merged agency:
   20         a)	Governance structure, including governing board
   21  membership, terms, responsibilities, officers, powers, duties,
   22  and responsibilities of the merged agency;
   23         (b)	Staff reorganization;
   24         (c)	Funding options and implementation;
   25         (d)	Facilities ownership and management;
   26         (e)	Financing of current and future facilities and
   27  operations;
   28         (f)	Current financial obligations and resources; and
   29         (g)	Timetable for actions to be taken consistent with
   30  TBARTA’s Master Plan.
   31         (2)	The governing bodies of PSTA and HART shall hold a
   32  joint meeting within thirty (30) days of the effective date of
   33  this act, and thereafter no less frequently than every forty
   34  five (45) days, in order to prepare, approve and adopt the
   35  interlocal agreement merging their agencies by no later than
   36  February 1, 2013. 	If the governing bodies of PSTA and HART are
   37  not able to approve and adopt an interlocal agreement that
   38  complies with this act by providing for the elements set forth
   39  in subsection (1) by February 1, 2013, they shall on February 1,
   40  2013, submit a joint report to the President of the Florida
   41  Senate and Speaker of the Florida House of Representatives which
   42  explains the efforts they have made to comply with this act,
   43  sets forth the specific reasons they have not been able to carry
   44  out the intent of the Legislature as set forth in this act,
   45  includes minutes of all meetings held by the governing bodies in
   46  their effort to comply with this act, and provides the most
   47  recent organizational structure, budget and audit for each
   48  agency.
   49         (3) TBARTA shall assist and facilitate PSTA and HART in
   50  carrying out the intent and purposes of this act. TBARTA shall
   51  provide technical assistance and information regarding its
   52  Master Plan, shall make recommendations for achieving
   53  consistency and improved regional connectivity, and shall
   54  provide support to PSTA and HART in the preparation of their
   55  interlocal agreement, or joint report to the Legislature. For
   56  this purpose, PSTA and HART shall reimburse TBARTA for necessary
   57  and reasonable expense in a total amount not to exceed $100,000.
   58         Between lines 4673 and 4674
   59  insert:
   60         Section 101. There is established a pilot program for the
   61  Palm Beach County school district to recognize its business
   62  partners. The district may recognize its business partners by
   63  publicly displaying such business partners’ names on school
   64  district property in the unincorporated areas of the county.
   65  Project graduation and athletic sponsorships are examples of
   66  appropriate recognition. The district shall make every effort to
   67  display its business partners’ names in a manner that is
   68  consistent with the county standards for uniformity in size,
   69  color, and placement of signs. If the provisions of this section
   70  are inconsistent with county ordinances or regulations relating
   71  to signs in the unincorporated areas of the county or
   72  inconsistent with chapter 125 or chapter 166, Florida Statutes,
   73  the provisions of this section prevail. The pilot program
   74  expires June 30, 2014.
   75         Section 102. The provisions contained in ss. 5 and 6, ch.
   76  2010-225, Laws of Florida, shall be effected through a type two
   77  transfer of the relevant administrative rules, pursuant to s.
   78  20.06(2), Florida Statutes.
   79         Section 103. Section 311.106, Florida Statutes, is created
   80  to read:
   81         311.106 Seaport stormwater permitting and mitigation.—A
   82  seaport listed in s. 403.021(9)(b) is authorized to provide for
   83  onsite or offsite stormwater treatment for water quality impacts
   84  caused by a proposed port activity that requires a permit and
   85  that causes or contributes to pollution from stormwater runoff.
   86  Offsite stormwater treatment may occur outside of the
   87  established boundaries of the port, but must be within the same
   88  drainage basin in which the port activity occurs. A port offsite
   89  stormwater treatment project must be constructed and maintained
   90  by the seaport or by the seaport in conjunction with an adjacent
   91  local government. In order to limit stormwater treatment from
   92  individual parcels within a port, a seaport may provide for a
   93  regional stormwater treatment facility that must be constructed
   94  and maintained by the seaport or by the seaport in conjunction
   95  with an adjacent local government.
   96         Section 104. Subsection (7) of section 341.301, Florida
   97  Statutes, is amended to read:
   98         341.301 Definitions; ss. 341.302-341.303.—As used in ss.
   99  341.302-341.303, the term:
  100         (7) “Limited covered accident” means:
  101         (a) A collision directly between the trains, locomotives,
  102  rail cars, or rail equipment of the department and the freight
  103  rail operator only, where the collision is caused by or arising
  104  from the willful misconduct of the freight rail operator or its
  105  subsidiaries, agents, licensees, employees, officers, or
  106  directors or where punitive damages or exemplary damages are
  107  awarded due to the conduct of the freight rail operator or its
  108  subsidiaries, agents, licensees, employees, officers, or
  109  directors; or
  110         (b) A collision directly between the trains, locomotives,
  111  rail cars, or rail equipment of the department and National
  112  Railroad Passenger Corporation only, where the collision is
  113  caused by or arising from the willful misconduct of National
  114  Railroad Passenger Corporation or its subsidiaries, agents,
  115  licensees, employees, officers, or directors or where punitive
  116  damages or exemplary damages are awarded due to the conduct of
  117  National Railroad Passenger Corporation or its subsidiaries,
  118  agents, licensees, employees, officers, or directors.
  119         Section 105. Subsection (17) of section 341.302, Florida
  120  Statutes, is amended to read:
  121         341.302 Rail program; duties and responsibilities of the
  122  department.—The department, in conjunction with other
  123  governmental entities, including the rail enterprise and the
  124  private sector, shall develop and implement a rail program of
  125  statewide application designed to ensure the proper maintenance,
  126  safety, revitalization, and expansion of the rail system to
  127  assure its continued and increased availability to respond to
  128  statewide mobility needs. Within the resources provided pursuant
  129  to chapter 216, and as authorized under federal law, the
  130  department shall:
  131         (17) In conjunction with the acquisition, ownership,
  132  construction, operation, maintenance, and management of a rail
  133  corridor, have the authority to:
  134         (a) Assume obligations pursuant to the following:
  135         1.a. The department may assume the obligation by contract
  136  to forever protect, defend, indemnify, and hold harmless the
  137  freight rail operator, or its successors, from whom the
  138  department has acquired a real property interest in the rail
  139  corridor, and that freight rail operator’s officers, agents, and
  140  employees, from and against any liability, cost, and expense,
  141  including, but not limited to, commuter rail passengers and rail
  142  corridor invitees in the rail corridor, regardless of whether
  143  the loss, damage, destruction, injury, or death giving rise to
  144  any such liability, cost, or expense is caused in whole or in
  145  part, and to whatever nature or degree, by the fault, failure,
  146  negligence, misconduct, nonfeasance, or misfeasance of such
  147  freight rail operator, its successors, or its officers, agents,
  148  and employees, or any other person or persons whomsoever; or,
  149         b. The department may assume the obligation by contract to
  150  forever protect, defend, indemnify, and hold harmless National
  151  Railroad Passenger Corporation, or its successors, and National
  152  Railroad Passenger Corporation’s officers, agents, and
  153  employees, from and against any liability, cost, and expense,
  154  including, but not limited to, commuter rail passengers and rail
  155  corridor invitees in the rail corridor, regardless of whether
  156  the loss, damage, destruction, injury, or death giving rise to
  157  any such liability, cost, or expense is caused in whole or in
  158  part, and to whatever nature or degree, by the fault, failure,
  159  negligence, misconduct, nonfeasance, or misfeasance of National
  160  Railroad Passenger Corporation, its successors, or its officers,
  161  agents, and employees, or any other person or persons
  162  whomsoever.
  163         2. However, Provided that such assumption of liability of
  164  the department by contract as to either sub-subparagraph 1.a. or
  165  sub-subparagraph 1.b. may shall not in any instance exceed the
  166  following parameters of allocation of risk:
  167         a.1. The department may be solely responsible for any loss,
  168  injury, or damage to commuter rail passengers, or rail corridor
  169  invitees, or trespassers, regardless of circumstances or cause,
  170  subject to sub-subparagraph b. and subparagraphs 2., 3., 4., 5.,
  171  and 6.
  172         b.(I)2. In the event of a limited covered accident, the
  173  authority of the department to protect, defend, and indemnify
  174  the freight operator for all liability, cost, and expense,
  175  including punitive or exemplary damages, in excess of the
  176  deductible or self-insurance retention fund established under
  177  paragraph (b) and actually in force at the time of the limited
  178  covered accident exists only if the freight operator agrees,
  179  with respect to the limited covered accident, to protect,
  180  defend, and indemnify the department for the amount of the
  181  deductible or self-insurance retention fund established under
  182  paragraph (b) and actually in force at the time of the limited
  183  covered accident.
  184         (II) In the event of a limited covered accident, the
  185  authority of the department to protect, defend, and indemnify
  186  National Railroad Passenger Corporation for all liability, cost,
  187  and expense, including punitive or exemplary damages, in excess
  188  of the deductible or self-insurance retention fund established
  189  under paragraph (b) and actually in force at the time of the
  190  limited covered accident exists only if National Railroad
  191  Passenger Corporation agrees, with respect to the limited
  192  covered accident, to protect, defend, and indemnify the
  193  department for the amount of the deductible or self-insurance
  194  retention fund established under paragraph (b) and actually in
  195  force at the time of the limited covered accident.
  196         3. When only one train is involved in an incident, the
  197  department may be solely responsible for any loss, injury, or
  198  damage if the train is a department train or other train
  199  pursuant to subparagraph 4., but only if;
  200         a. When an incident occurs with only a freight train
  201  involved, including incidents with trespassers or at grade
  202  crossings, the freight rail operator is solely responsible for
  203  any loss, injury, or damage, except for commuter rail passengers
  204  and rail corridor invitees; or
  205         b. When an incident occurs with only a National Railroad
  206  Passenger Corporation train involved, including incidents with
  207  trespassers or at grade crossings, National Railroad Passenger
  208  Corporation is solely responsible for any loss, injury, or
  209  damage, except for commuter rail passengers and rail corridor
  210  invitees.
  211         4. For the purposes of this subsection:,
  212         a. Any train involved in an incident that is neither the
  213  department’s train nor the freight rail operator’s train,
  214  hereinafter referred to in this subsection as an “other train,”
  215  may be treated as a department train, solely for purposes of any
  216  allocation of liability between the department and the freight
  217  rail operator only, but only if the department and the freight
  218  rail operator share responsibility equally as to third parties
  219  outside the rail corridor who incur loss, injury, or damage as a
  220  result of any incident involving both a department train and a
  221  freight rail operator train, and the allocation as between the
  222  department and the freight rail operator, regardless of whether
  223  the other train is treated as a department train, shall remain
  224  one-half each as to third parties outside the rail corridor who
  225  incur loss, injury, or damage as a result of the incident. The
  226  involvement of any other train shall not alter the sharing of
  227  equal responsibility as to third parties outside the rail
  228  corridor who incur loss, injury, or damage as a result of the
  229  incident; or
  230         b. Any train involved in an incident that is neither the
  231  department’s train nor the National Railroad Passenger
  232  Corporation’s train, hereinafter referred to in this subsection
  233  as an “other train,” may be treated as a department train,
  234  solely for purposes of any allocation of liability between the
  235  department and National Railroad Passenger Corporation only, but
  236  only if the department and National Railroad Passenger
  237  Corporation share responsibility equally as to third parties
  238  outside the rail corridor who incur loss, injury, or damage as a
  239  result of any incident involving both a department train and a
  240  National Railroad Passenger Corporation train, and the
  241  allocation as between the department and National Railroad
  242  Passenger Corporation, regardless of whether the other train is
  243  treated as a department train, shall remain one-half each as to
  244  third parties outside the rail corridor who incur loss, injury,
  245  or damage as a result of the incident. The involvement of any
  246  other train shall not alter the sharing of equal responsibility
  247  as to third parties outside the rail corridor who incur loss,
  248  injury, or damage as a result of the incident.
  249         5. When more than one train is involved in an incident:
  250         a.(I) If only a department train and freight rail
  251  operator’s train, or only an other train as described in sub
  252  subparagraph 4.a. subparagraph 4. and a freight rail operator’s
  253  train, are involved in an incident, the department may be
  254  responsible for its property and all of its people, all commuter
  255  rail passengers, and rail corridor invitees, but only if the
  256  freight rail operator is responsible for its property and all of
  257  its people, and the department and the freight rail operator
  258  each share one-half responsibility as to trespassers or third
  259  parties outside the rail corridor who incur loss, injury, or
  260  damage as a result of the incident; or
  261         (II) If only a department train and a National Railroad
  262  Passenger Corporation train, or only an other train as described
  263  in sub-subparagraph 4.b. and a National Railroad Passenger
  264  Corporation train, are involved in an incident, the department
  265  may be responsible for its property and all of its people, all
  266  commuter rail passengers, and rail corridor invitees, but only
  267  if National Railroad Passenger Corporation is responsible for
  268  its property and all of its people, all National Railroad
  269  Passenger Corporation’s rail passengers, and the department and
  270  National Railroad Passenger Corporation each share one-half
  271  responsibility as to trespassers or third parties outside the
  272  rail corridor who incur loss, injury, or damage as a result of
  273  the incident.
  274         b.(I) If a department train, a freight rail operator train,
  275  and any other train are involved in an incident, the allocation
  276  of liability between the department and the freight rail
  277  operator, regardless of whether the other train is treated as a
  278  department train, shall remain one-half each as to third parties
  279  outside the rail corridor who incur loss, injury, or damage as a
  280  result of the incident; the involvement of any other train shall
  281  not alter the sharing of equal responsibility as to third
  282  parties outside the rail corridor who incur loss, injury, or
  283  damage as a result of the incident; and, if the owner, operator,
  284  or insurer of the other train makes any payment to injured third
  285  parties outside the rail corridor who incur loss, injury, or
  286  damage as a result of the incident, the allocation of credit
  287  between the department and the freight rail operator as to such
  288  payment shall not in any case reduce the freight rail operator’s
  289  third-party-sharing allocation of one-half under this paragraph
  290  to less than one-third of the total third party liability; or
  291         (II) If a department train, a National Railroad Passenger
  292  Corporation train, and any other train are involved in an
  293  incident, the allocation of liability between the department and
  294  National Railroad Passenger Corporation, regardless of whether
  295  the other train is treated as a department train, shall remain
  296  one-half each as to third parties outside the rail corridor who
  297  incur loss, injury, or damage as a result of the incident; the
  298  involvement of any other train shall not alter the sharing of
  299  equal responsibility as to third parties outside the rail
  300  corridor who incur loss, injury, or damage as a result of the
  301  incident; and, if the owner, operator, or insurer of the other
  302  train makes any payment to injured third parties outside the
  303  rail corridor who incur loss, injury, or damage as a result of
  304  the incident, the allocation of credit between the department
  305  and National Railroad Passenger Corporation as to such payment
  306  shall not in any case reduce National Railroad Passenger
  307  Corporation’s third-party-sharing allocation of one-half under
  308  this sub-subparagraph to less than one-third of the total third
  309  party liability.
  310         6. Any such contractual duty to protect, defend, indemnify,
  311  and hold harmless such a freight rail operator or National
  312  Railroad Passenger Corporation shall expressly include a
  313  specific cap on the amount of the contractual duty, which amount
  314  shall not exceed $200 million without prior legislative
  315  approval, and the department to purchase liability insurance and
  316  establish a self-insurance retention fund in the amount of the
  317  specific cap established under this subparagraph, provided that:
  318         a. No such contractual duty shall in any case be effective
  319  nor otherwise extend the department’s liability in scope and
  320  effect beyond the contractual liability insurance and self
  321  insurance retention fund required pursuant to this paragraph;
  322  and
  323         b. The freight rail operator’s compensation to the
  324  department for future use of the department’s rail corridor
  325  shall include a monetary contribution to the cost of such
  326  liability coverage for the sole benefit of the freight rail
  327  operator. National Railroad Passenger Corporation’s compensation
  328  to the department for future use of the department’s rail
  329  corridor shall include a monetary contribution to the cost of
  330  such liability coverage for the sole benefit of National
  331  Railroad Passenger Corporation.
  332         (b) Purchase liability insurance, which amount shall not
  333  exceed $200 million, and establish a self-insurance retention
  334  fund for the purpose of paying the deductible limit established
  335  in the insurance policies it may obtain, including coverage for
  336  the department, any freight rail operator as described in
  337  paragraph (a), National Railroad Passenger Corporation, commuter
  338  rail service providers, governmental entities, or any ancillary
  339  development, which self-insurance retention fund or deductible
  340  shall not exceed $10 million. The insureds shall pay a
  341  reasonable monetary contribution to the cost of such liability
  342  coverage for the sole benefit of the insured. Such insurance and
  343  self-insurance retention fund may provide coverage for all
  344  damages, including, but not limited to, compensatory, special,
  345  and exemplary, and be maintained to provide an adequate fund to
  346  cover claims and liabilities for loss, injury, or damage arising
  347  out of or connected with the ownership, operation, maintenance,
  348  and management of a rail corridor.
  349         (c) Incur expenses for the purchase of advertisements,
  350  marketing, and promotional items.
  351         Neither the assumption by contract to protect, defend,
  352  indemnify, and hold harmless; the purchase of insurance; nor the
  353  establishment of a self-insurance retention fund shall be deemed
  354  to be a waiver of any defense of sovereign immunity for torts
  355  nor deemed to increase the limits of the department’s or the
  356  governmental entity’s liability for torts as provided in s.
  357  768.28. The requirements of s. 287.022(1) shall not apply to the
  358  purchase of any insurance under this subsection. The provisions
  359  of this subsection shall apply and inure fully as to any other
  360  governmental entity providing commuter rail service and
  361  constructing, operating, maintaining, or managing a rail
  362  corridor on publicly owned right-of-way under contract by the
  363  governmental entity with the department or a governmental entity
  364  designated by the department. Notwithstanding any law to the
  365  contrary, procurement for the construction, operation,
  366  maintenance, and management of any rail corridor described in
  367  this subsection, whether by the department, a governmental
  368  entity under contract with the department, or a governmental
  369  entity designated by the department, shall be pursuant to s.
  370  287.057 and shall include, but not be limited to, criteria for
  371  the consideration of qualifications, technical aspects of the
  372  proposal, and price. Further, any such contract for design-build
  373  shall be procured pursuant to the criteria in s. 337.11(7).
  374         Section 106. Section 347.215, Florida Statutes, is created
  375  to read:
  376         347.215 Operation of ferries by joint agreement between
  377  public and private entities.—The county commission of any county
  378  that has granted a license to operate a ferry in the county may
  379  authorize the operation of such ferry by a single party or
  380  multiple parties under a joint agreement between public entities
  381  and one or more private corporations conducting business in the
  382  state.
  383         Section 107. Subsection (6) is added to section 373.118,
  384  Florida Statutes, to read:
  385         373.118 General permits; delegation.—
  386         (6) By July 1, 2012, the department shall initiate
  387  rulemaking to adopt a general permit for stormwater management
  388  systems serving airside activities at airports. The general
  389  permit applies statewide and shall be administered by any water
  390  management district or any delegated local government pursuant
  391  to the operating agreements applicable to part IV of this
  392  chapter, with no additional rulemaking required. These rules are
  393  not subject to any special rulemaking requirements related to
  394  small business.
  395         Section 108. Paragraph (d) of subsection (6) of section
  396  373.4136, Florida Statutes, is amended to read:
  397         373.4136 Establishment and operation of mitigation banks.—
  398         (6) MITIGATION SERVICE AREA.—The department or water
  399  management district shall establish a mitigation service area
  400  for each mitigation bank permit. The department or water
  401  management district shall notify and consider comments received
  402  on the proposed mitigation service area from each local
  403  government within the proposed mitigation service area. Except
  404  as provided herein, mitigation credits may be withdrawn and used
  405  only to offset adverse impacts in the mitigation service area.
  406  The boundaries of the mitigation service area shall depend upon
  407  the geographic area where the mitigation bank could reasonably
  408  be expected to offset adverse impacts. Mitigation service areas
  409  may overlap, and mitigation service areas for two or more
  410  mitigation banks may be approved for a regional watershed.
  411         (d) If the requirements in s. 373.414(1)(b) and (8) are
  412  met, the following projects or activities regulated under this
  413  part shall be eligible to use a mitigation bank, regardless of
  414  whether they are located within the mitigation service area:
  415         1. Projects with adverse impacts partially located within
  416  the mitigation service area.
  417         2. Linear projects, such as roadways, transmission lines,
  418  distribution lines, pipelines, or railways, or seaports listed
  419  in s. 403.021(9)(b).
  420         3. Projects with total adverse impacts of less than 1 acre
  421  in size.
  422  
  423  
  424  ================= T I T L E  A M E N D M E N T ================
  425         And the title is amended as follows:
  426         Delete lines 447 - 454
  427  and insert:
  428         providing intent for and findings related to the
  429         merger of the Pinellas Suncoast Transit Authority and
  430         the Hillsborough Area Regional Transit Authority;
  431         authorizing the authorities to enter an interlocal
  432         agreement to effect a merger; directing the
  433         authorities to enter the agreement by a certain date
  434         or submit a report identifying opportunities and
  435         greater efficiency and service improvements for
  436         increasing connectivity between each authority to the
  437         Legislature by the same date; requiring the Tampa Bay
  438         Area Regional Transportation Authority to provide
  439         assistance; authorizing
  440         Between lines 462 and 463
  441  insert:
  442         establishing a pilot program for the Palm Beach County
  443         school district to recognize its business partners;
  444         providing for expiration of the program; providing for
  445         a type two transfer of relevant administrative rules
  446         relating to the redesignation of the Pilotage Rate
  447         Review Board as the Pilotage Rate Review Committee
  448         within the Board of Pilot Commissioners and the
  449         transfer of matters pending before the board at the
  450         time of the redesignation and the Governor’s
  451         appointment of the board pursuant to ss. 5 and 6, ch.
  452         2010-225, Laws of Florida; creating s. 311.106, F.S.,
  453         relating to seaport stormwater permitting and
  454         mitigation; authorizing a seaport to provide for
  455         onsite and offsite stormwater treatment to mitigate
  456         impact of port activities; requiring offsite treatment
  457         to be within the same drainage basin and constructed
  458         and maintained by the seaport or in conjunction with a
  459         local government; authorizing the port to provide a
  460         regional treatment facility constructed and maintained
  461         by the seaport or in conjunction with a local
  462         government; amending s. 341.301, F.S.; revising the
  463         definition of "limited coverage accident"; amending s.
  464         341.302, F.S.; providing parameters within which the
  465         department may by contract indemnify against loss by
  466         National Railroad Passenger Corporation; authorizing
  467         the department to purchase liability insurance
  468         including coverage for the department, National
  469         Railroad Passenger Corporation, commuter rail service
  470         providers, governmental entities, or any ancillary
  471         development and establish a self-insurance retention
  472         fund; limiting the amount of the insurance and self
  473         insurance retention fund; providing that the insureds
  474         must make payments for the coverage; providing that
  475         the insurance may provide coverage for all damages and
  476         be maintained to provide a fund to cover liabilities
  477         arising from rail corridor ownership and operations;
  478         creating s. 347.215, F.S.; providing for the operation
  479         of ferries by joint agreement between public and
  480         private entities; providing for payment for the cost
  481         of the sign; amending s. 373.118, F.S.; requiring that
  482         the Department of Environmental Protection initiate
  483         rulemaking to adopt a general permit for stormwater
  484         management systems serving airside activities at
  485         airports; providing for statewide application of the
  486         general permit; providing for any water management
  487         district or delegated local government to administer
  488         the general permit; providing that the rules are not
  489         subject to any special rulemaking requirements
  490         relating to small business; amending s. 373.4136,
  491         F.S.; providing that specified seaports are eligible
  492         to use mitigation banks;