Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 426 Ì384856QÎ384856 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/11/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 66 - 96 4 and insert: 5 311.25 Regulation of commerce in Florida seaports.— 6 (1)(a) A local ballot initiative or referendum may not 7 restrict maritime commerce in the seaports of this state, 8 including, but not limited to, restricting such commerce based 9 on any of the following: 10 1. Vessel type, size, number, or capacity. 11 2. Number, origin, nationality, embarkation, or 12 disembarkation of passengers or crew or their entry into this 13 state or any local jurisdiction. 14 3. Source, type, loading, or unloading of cargo. 15 4. Environmental or health records of a particular vessel 16 or vessel line. 17 (b) Any local ballot initiative or referendum, or any local 18 law, charter amendment, ordinance, resolution, regulation, or 19 policy adopted in a local ballot initiative or referendum, in 20 violation of this subsection which was adopted before, on, or 21 after the effective date of this act is prohibited and void. 22 (2)(a) Except for a municipality that is also a county as 23 defined in s. 125.011(1), a municipality or political 24 subdivision thereof or a special district within the boundaries 25 of a single municipality may not restrict maritime commerce in 26 the seaports of this state with respect to any federally 27 authorized passenger cruise vessel based on any of the 28 following: 29 1. Vessel type, size, number, or capacity, except when the 30 port is physically unable to accommodate a passenger cruise 31 vessel pursuant to applicable federal or state laws or 32 regulations. 33 2. Number, origin, nationality, embarkation, or 34 disembarkation of passengers or crew or their entry into this 35 state or any local jurisdiction. 36 3. Source, type, loading, or unloading of cargo related or 37 incidental to its use as a passenger cruise vessel. 38 4. Environmental or health records of a particular 39 passenger cruise vessel or cruise line. 40 (b) Any provision of a law, a charter, an ordinance, a 41 resolution, a regulation, a policy, an initiative, or a 42 referendum which is in conflict with this subsection and which 43 existed before, on, or after the effective date of this act is 44 prohibited and void. 45 Section 2. The Division of Law Revision is directed to 46 replace the phrase “the effective date of this act” wherever it 47 occurs in this act with the date this act becomes a law. 48 49 ================= T I T L E A M E N D M E N T ================ 50 And the title is amended as follows: 51 Delete lines 3 - 60 52 and insert: 53 regulations; creating s. 311.25, F.S.; prohibiting a 54 local ballot initiative or referendum from restricting 55 maritime commerce in the seaports of this state; 56 providing that certain local initiatives or 57 referendums relating to such restrictions are 58 prohibited and void; prohibiting certain 59 municipalities and municipal special districts from 60 adopting specified restrictions or regulations on 61 maritime commerce in the seaports of this state with 62 respect to any federally authorized passenger cruise 63 vessel; providing that certain local actions relating 64 to such restrictions or regulations are prohibited and 65 void; providing a directive to the Division of Law 66 Revision; providing an effective date. 67 68 WHEREAS, maritime commerce between and among seaports, both 69 foreign and domestic, is the subject of extensive federal and 70 state regulation designed to protect the marine environment and 71 the health, safety, and welfare of the general public and those 72 involved in conducting that commerce, and 73 WHEREAS, the economic impact of a seaport extends far 74 beyond the boundaries of the local jurisdiction in which the 75 port is located, materially contributing to the economies of 76 multiple cities and counties within the region and to the 77 economy of this state as a whole, and 78 WHEREAS, Florida seaports currently generate nearly 900,000 79 direct and indirect jobs and contribute $117.6 billion in 80 economic value to this state through cargo and cruise 81 activities, accounting for approximately 13 percent of this 82 state’s gross domestic product and $4.2 billion in state and 83 local taxes, and 84 WHEREAS, because this state is a peninsula, much of this 85 state is highly dependent upon the unimpeded flow of maritime 86 commerce through its seaports, which is made even more critical 87 when this state is threatened or impacted by natural disasters, 88 such as tropical storms and hurricanes, and 89 WHEREAS, because of its geographic location, this state is 90 a hub for global maritime commerce and is uniquely positioned to 91 capture an even larger share of this commerce as global trade 92 routes shift, and 93 WHEREAS, the international, national, statewide, and 94 regional importance of Florida seaports has long been recognized 95 in federal and state law with respect to the regulation, 96 planning, and public financing of seaport operations and 97 facilities, and 98 WHEREAS, this state is widely known as the cruise capital 99 of the world, and the cruise industry is vital to this state’s 100 economy, contributing more than $9 billion in direct spending on 101 an annual basis and supporting 159,000 jobs with more than $8 102 billion in total wages and salaries before the current pandemic, 103 and 104 WHEREAS, 8.3 million passengers boarded cruises from one of 105 this state’s five cruise ports in 2019, accounting for 60 106 percent of embarkations in the United States, generating 11 107 million passenger and crew onshore visits in both home port and 108 transit port calls in this state, and 109 WHEREAS, allowing a voter initiative or referendum in each 110 local seaport jurisdiction to impose its own requirements on the 111 maritime commerce conducted in that port could result in abrupt 112 changes in the supply lines bringing goods into and out of this 113 state and therefore could reasonably be expected to suppress 114 such commerce and potentially drive it out of the port and out 115 of this state in search of a more consistent and predictable 116 operating environment, thus disrupting this state’s economy and 117 threatening the public’s health, safety, and welfare, and 118 WHEREAS, allowing a voter initiative or referendum in each 119 local seaport jurisdiction to impose its own requirements on the 120 maritime commerce conducted in that port could result in abrupt 121 changes in vessel traffic, frustrating the multiyear planning 122 process for all Florida seaports and the assumptions and 123 forecasts underlying federal and state financing of port 124 improvement projects, and 125 WHEREAS, there are similar concerns regarding the capacity 126 of a municipality or municipal special district to impose such 127 requirements on the maritime commerce conducted in a port, as 128 the more limited geographic and political scope of a 129 municipality or municipal special district may make such entity 130 less sensitive to the negative impact of such requirements on 131 neighboring municipalities and on the county, region, and state, 132 and 133 WHEREAS, many local economies in this state depend heavily 134 on tourism, on which the surrounding politics can be 135 particularly complex at a municipal level, significantly 136 heightening the concern of municipalities and municipal special 137 districts that place local requirements on passenger cruise 138 vessels or cruise lines, and 139 WHEREAS, in light of these potential negative impacts, the 140 permissible scope of local voter initiatives or referendums and 141 of the powers of a municipality or municipal special district 142 must be appropriately limited, NOW, THEREFORE,