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





                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Hargrett moved the following amendment to amendment

12  (443136):

13

14         Senate Amendment (with title amendment) 

15         On page 56, between lines 17 and 18,

16

17  insert:

18         Section 55.  Subsection (7) of section 163.3178,

19  Florida Statutes, is amended to read:

20         163.3178  Coastal management.--

21         (7)  Each port listed in s. 311.09(1), and each local

22  government in the coastal area which has spoil disposal

23  responsibilities shall provide for or identify disposal sites

24  for dredged materials in the future land use and port elements

25  of the local comprehensive plan as needed to assure proper

26  long-term management of material dredged from navigation

27  channels, sufficient long-range disposal capacity,

28  environmental sensitivity and compatibility, and reasonable

29  cost and transportation.  The disposal site selection criteria

30  shall be developed in consultation with navigation and inlet

31  districts and other appropriate state and federal agencies and

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  the public. For areas owned or controlled by ports listed in

 2  s. 311.09(1), and proposed port expansion areas, compliance

 3  with the provisions of this subsection shall be achieved

 4  through comprehensive master plans prepared by each port and

 5  integrated with the appropriate local plan pursuant to s.

 6  163.3178(2)(k).

 7         Section 56.  Paragraph (g) is added to subsection (1)

 8  and paragraph (d) is added to subsection (6) of section

 9  163.3187, Florida Statutes, to read:

10         163.3187  Amendment of adopted comprehensive plan.--

11         (1)  Amendments to comprehensive plans adopted pursuant

12  to this part may be made not more than two times during any

13  calendar year, except:

14         (g)  Any comprehensive plan amendments for port

15  transportation facilities and projects which are eligible for

16  funding by the Florida Seaport Transportation and Economic

17  Development Council pursuant to the provisions of s. 311.07.

18         (6)  No local government may amend its comprehensive

19  plan after the date established by rule for submittal of its

20  evaluation and appraisal report unless it has submitted its

21  report or addendum to the state land planning agency as

22  prescribed by s. 163.3191, except for:

23         (d)  Plan amendments for port transportation facilities

24  and projects which are eligible for funding by the Florida

25  Seaport Transportation and Economic Development Council

26  pursuant to the provisions of s. 311.07.

27

28  When the agency has determined that the report or addendum has

29  sufficiently addressed all pertinent provisions of s.

30  163.3191, the local government may proceed with plan

31  amendments in addition to those necessary to implement

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  recommendations in the report or addendum.

 2         Section 57.  Subsection (4) of section 253.77, Florida

 3  Statutes, is created to read:

 4         253.77  State lands; state agency authorization for use

 5  prohibited without consent of agency in which title vested;

 6  concurrent processing requirements.--

 7         (4)  Notwithstanding any other provision of this

 8  Chapter, Chapter 373 or chapter 403, Florida Statutes, for

 9  activities authorized by a permit or exemption pursuant to

10  chapter 373 or 403, ports listed in subsection 403.021(9)(b),

11  and inland navigation districts created pursuant to subsection

12  374.975(3), shall not be required to pay any fees for

13  activities involving the use of sovereign lands, including

14  leases, easements or consents of use.

15         Section 58.  Section 311.07, Florida Statutes, is

16  amended to read:

17         311.07  Florida seaport transportation and economic

18  development funding.--

19         (1)  There is created the Florida Seaport

20  Transportation and Economic Development Program within the

21  Department of Transportation to finance port transportation or

22  port facilities and projects that will improve the movement

23  and intermodal transportation of cargo or passengers in

24  commerce and trade and that will support the interests,

25  purposes, and requirements of ports located in this state.

26         (2)  A minimum of $8 million per year shall be made

27  available from the State Transportation Trust Fund to fund the

28  Florida Seaport Transportation and Economic Development

29  Program.

30         (3)(a)  Program funds shall be used to fund approved

31  projects on a 50-50 matching basis with any of the deepwater

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1  ports, as listed in s. 403.021(9)(b), which is governed by a

 2  public body or any other deepwater port which is governed by a

 3  public body and which complies with the water quality

 4  provisions of s. 403.061, the comprehensive master plan

 5  requirements of s. 163.3178(2)(k), the local financial

 6  management and reporting provisions of part III of chapter

 7  218, and the auditing provisions of s. 11.45(3)(a)4. Program

 8  funds also may be used by the Seaport Transportation and

 9  Economic Development Council to develop with the Florida Trade

10  Data Center such trade data information products which will

11  assist Florida's seaports and international trade.

12         (b)  Projects eligible for funding by grants under the

13  program are limited to the following port transportation

14  facilities and or port transportation projects:

15         1.  Transportation facilities within the jurisdiction

16  of the port.

17         2.  The dredging or deepening of channels, turning

18  basins, or harbors.

19         3.  The construction or rehabilitation of wharves,

20  docks, structures, jetties, piers, storage facilities, cruise

21  terminals, automated people mover systems, or any facilities

22  necessary or useful in connection with any of the foregoing.

23         4.  The acquisition of container cranes or other

24  mechanized equipment used in the movement of cargo or

25  passengers in international commerce.

26         5.  The acquisition of land to be used for port

27  purposes as described in, or consistent with, port master

28  plans.

29         6.  The acquisition, improvement, enlargement, or

30  extension of existing port facilities as described in, or

31  consistent with, port master plans.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         7.  Environmental protection projects which are

 2  necessary because of requirements imposed by a state agency as

 3  a condition of a permit or other form of state approval; which

 4  are necessary for environmental mitigation required as a

 5  condition of a state, federal, or local environmental permit;

 6  which are necessary for the acquisition of spoil disposal

 7  sites and improvements to existing and future spoil sites; or

 8  which result from the funding of eligible projects listed

 9  herein.

10         8.  Transportation facilities as defined in s.

11  334.03(31) which are not otherwise part of the Department of

12  Transportation's adopted work program.

13         9.  Seaport intermodal access projects identified in

14  the 5-year Florida Seaport Mission Plan as provided in s.

15  311.09(3).

16         (c)  To be eligible for consideration by the council

17  pursuant to this section, a project must be consistent with

18  the port comprehensive master plan which is incorporated as

19  part of the approved local government comprehensive plan as

20  required by s. 163.3178(2)(k) or other provisions of the Local

21  Government Comprehensive Planning and Land Development

22  Regulation Act, part II of chapter 163.

23         (4)  A port eligible for matching funds under the

24  program may receive a distribution of not more than $7 million

25  during any 1 calendar year and a distribution of not more than

26  $30 million during any 5-calendar-year period.

27         (5)  Any port which receives funding under the program

28  shall institute procedures to ensure that jobs created as a

29  result of the state funding shall be subject to equal

30  opportunity hiring practices in the manner provided in s.

31  110.112.

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         (6)  The Department of Transportation shall subject any

 2  project that receives funds pursuant to this section to a

 3  final audit.  The department may adopt rules and perform such

 4  other acts as are necessary or convenient to ensure that the

 5  final audits are conducted and that any deficiency or

 6  questioned costs noted by the audit are resolved.

 7         Section 59.  Subsection (9) of section 311.09, Florida

 8  Statutes, is amended to read:

 9         311.09  Florida Seaport Transportation and Economic

10  Development Council.--

11         (9)  The council shall review the findings of the

12  Department of Community Affairs; the Office of Tourism, Trade,

13  and Economic Development; and the Department of

14  Transportation.  Projects found to be inconsistent pursuant to

15  subsections (6), (7), and (8) and projects which have been

16  determined not to offer an economic benefit to the state

17  pursuant to subsection (8) shall not be included in the list

18  of projects to be funded. Projects found to be consistent

19  pursuant to subsection (6), (7), and (8) shall be presumed in

20  the public interest.

21

22  (Redesignate subsequent sections.)

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 64, line 9, after the semicolon,

28

29  insert:

30         amending s. 163.3178, F.S.; requiring certain

31         ports to identify certain spoil disposal sites;

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                                                  SENATE AMENDMENT

    Bill No. HB 4765, 2nd Eng.

    Amendment No.    





 1         requiring such ports to prepare comprehensive

 2         master plans; amending s. 163.3187, F.S.;

 3         exempting comprehensive plan amendments for

 4         port transportation facilities and projects

 5         from a time limitation; amending s. 253.77,

 6         F.S.; exempting certain port projects from

 7         payments of fees for activities involving the

 8         use of sovereign lands; amending s. 311.07,

 9         F.S.; providing that projects eligible for

10         funding under the Florida Seaport

11         Transportation and Economic Development Program

12         must be consistent with port master plans;

13         exempting certain port transportation

14         facilities and projects from review as

15         developments of regional impact; amending s.

16         311.09, F.S.; declaring that projects eligible

17         for funding under the Florida Seaport

18         Transportation and Economic Development Program

19         are presumed to be in the public interest;

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