Senate Bill sb0986c1
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Florida Senate - 2003 CS for SB 986
By the Committee on Commerce, Economic Opportunities, and
Consumer Services; and Senator Garcia
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1 A bill to be entitled
2 An act relating to commerce; amending s.
3 311.07, F.S.; increasing funding for the
4 Florida Seaport Transportation and Economic
5 Development Program; providing new funding for
6 certain seaport transportation and economic
7 development projects; eliminating the role of
8 the Florida Trade Data Center in development of
9 certain trade data information products;
10 revising the expiration date of provisions
11 relating to seaport security measures; creating
12 s. 341.0531, F.S.; creating the Transportation
13 Commerce Improvement Program; providing for the
14 purposes of the program; creating the
15 Transportation Commerce Improvement Advisory
16 Council; providing for the membership,
17 governance, and administrative support of the
18 council; requiring the council to develop and
19 update a transportation commerce improvement
20 plan; prescribing plan requirements; creating
21 s. 341.0532, F.S.; providing a definition;
22 designating transportation commerce corridors
23 of statewide significance; providing for
24 revisions to the designated corridors; creating
25 s. 341.0533, F.S.; authorizing transportation
26 commerce improvement grants; providing
27 legislative findings; providing for funding;
28 prescribing projects eligible for grants;
29 providing for grant application and evaluation
30 criteria; directing the Department of
31 Transportation to submit projects to the
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1 Transportation Commerce Improvement Advisory
2 Council; providing for grant evaluation and
3 recommendations by the council to the Secretary
4 of Transportation and the Legislature;
5 providing for rulemaking by the Department of
6 Transportation; providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Subsections (2) and (3) of section 311.07,
11 Florida Statutes, are amended to read:
12 311.07 Florida seaport transportation and economic
13 development funding.--
14 (2)(a) A minimum of $10 $8 million per year shall be
15 made available from the State Transportation Trust Fund to
16 fund the Florida Seaport Transportation and Economic
17 Development Program.
18 (b) Beginning July 1, 2003, a minimum of $10 million
19 per year shall be made available from the State Transportation
20 Trust Fund to fund approved projects under subparagraphs
21 (3)(b)1.-10. Funding under this paragraph is in addition to
22 funding under paragraph (a). This paragraph expires June 30,
23 2008.
24 (3)(a) Program funds shall be used to fund approved
25 projects on a 50-50 matching basis with any of the deepwater
26 ports, as listed in s. 403.021(9)(b), which is governed by a
27 public body or any other deepwater port which is governed by a
28 public body and which complies with the water quality
29 provisions of s. 403.061, the comprehensive master plan
30 requirements of s. 163.3178(2)(k), and the local financial
31 management and reporting provisions of part III of chapter
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1 218. Program funds also may be used by the Seaport
2 Transportation and Economic Development Council to develop
3 with the Florida Trade Data Center such trade data information
4 products that which will assist Florida's seaports and
5 international trade.
6 (b) Projects eligible for funding by grants under the
7 program are limited to the following port facilities or port
8 transportation projects:
9 1. Transportation facilities within the jurisdiction
10 of the port.
11 2. The dredging or deepening of channels, turning
12 basins, or harbors.
13 3. The construction or rehabilitation of wharves,
14 docks, structures, jetties, piers, storage facilities, cruise
15 terminals, automated people mover systems, or any facilities
16 necessary or useful in connection with any of the foregoing.
17 4. The acquisition of container cranes or other
18 mechanized equipment used in the movement of cargo or
19 passengers in international commerce.
20 5. The acquisition of land to be used for port
21 purposes.
22 6. The acquisition, improvement, enlargement, or
23 extension of existing port facilities.
24 7. Environmental protection projects which are
25 necessary because of requirements imposed by a state agency as
26 a condition of a permit or other form of state approval; which
27 are necessary for environmental mitigation required as a
28 condition of a state, federal, or local environmental permit;
29 which are necessary for the acquisition of spoil disposal
30 sites and improvements to existing and future spoil sites; or
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1 which result from the funding of eligible projects listed in
2 this paragraph.
3 8. Transportation facilities as defined in s.
4 334.03(31) which are not otherwise part of the Department of
5 Transportation's adopted work program.
6 9. Seaport intermodal access projects identified in
7 the 5-year Florida Seaport Mission Plan as provided in s.
8 311.09(3).
9 10. Construction or rehabilitation of port facilities
10 as defined in s. 315.02, excluding any park or recreational
11 facilities, in ports listed in s. 311.09(1) with operating
12 revenues of $5 million or less, provided that such projects
13 create economic development opportunities, capital
14 improvements, and positive financial returns to such ports.
15 11. Seaport security measures. Such measures include:
16 a. Infrastructure security measures required by
17 seaport security plans approved by the Office of Drug Control
18 and the Department of Law Enforcement under s. 311.12,
19 including security gates, physical barriers, and
20 security-related lighting systems, equipment, or facilities to
21 be used for seaport security monitoring and recording, remote
22 surveillance systems, concealed recording systems, or other
23 security infrastructure, technology, vulnerability
24 assessments, or equipment that contributes to the overall
25 security of the seaport and its facilities as specified in the
26 security plans approved by the Office of Drug Control and the
27 Department of Law Enforcement under s. 311.12 or as otherwise
28 specifically found by the Department of Law Enforcement to be
29 a measure consistent with and supportive of such an approved
30 plan. Program funds for such measures may come from funds made
31 available under subsection (2) and s. 320.20(3) or (4).
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1 Infrastructure measures required by an approved seaport
2 security plan or as otherwise found by the Department of Law
3 Enforcement to be consistent with and supportive of an
4 approved plan as authorized in this sub-subparagraph are not
5 subject to the matching fund requirements of paragraph (a) or
6 s. 320.20(3) or (4).
7 b. Law enforcement measures mandated by federal,
8 state, or local governmental agencies, including the
9 deployment of the Florida National Guard, local law
10 enforcement personnel, seaport security personnel, private
11 sector security personnel, or any combination thereof to
12 provide operational security services at any seaport
13 identified in s. 311.09(1). Program funds for such measures
14 may come from funds made available under subsection (2). Law
15 enforcement measures are subject to the matching fund
16 requirements of paragraph (a), except that any funds provided
17 for the Florida National Guard shall remain exempt from the
18 matching fund requirements of paragraph (a) through April 30,
19 2002.
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21 Notwithstanding s. 339.135(7) or any other provision of law to
22 the contrary, seaports may request that the department change
23 the purpose of a project in the 2000-2001 and 2001-2002 work
24 programs to a purpose authorized under this subparagraph.
25 Additional consideration shall be given to seaports having
26 operating revenues of $14 million or less for operational
27 security and law enforcement measures for grants not to exceed
28 $350,000. Any federal funds that are provided for port
29 security infrastructure improvements of which funds seaports
30 in this state are the beneficiaries shall be allocated in a
31 manner consistent with federal requirements and guidelines.
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1 Federal funds obtained by a seaport for a specific security
2 infrastructure project, which project has also received state
3 seaport transportation and economic development funds, shall
4 be used to reimburse the state funds received by the seaport
5 under this subparagraph for the specific project. These
6 reimbursement funds must be used for projects and measures
7 authorized under subparagraphs 1.-10. This subparagraph shall
8 expire June 30, 2005 2004.
9 (c) To be eligible for consideration by the council
10 pursuant to this section, a project must be consistent with
11 the port comprehensive master plan which is incorporated as
12 part of the approved local government comprehensive plan as
13 required by s. 163.3178(2)(k) or other provisions of the Local
14 Government Comprehensive Planning and Land Development
15 Regulation Act, part II of chapter 163.
16 Section 2. Section 341.0531, Florida Statutes, is
17 created to read:
18 341.0531 Transportation Commerce Improvement Program;
19 advisory council; plan.--
20 (1) There is created within the Department of
21 Transportation a Transportation Commerce Improvement Program
22 to provide for major capital investments in fixed-guideway
23 transportation systems, access to seaports, airports, and
24 other transportation terminals; to provide for the
25 construction of intermodal or multimodal terminals; to
26 facilitate the intermodal or multimodal movement of people and
27 goods; and to otherwise enhance the state's economic
28 competitiveness through strategic transportation investments
29 in significant statewide or regional transportation projects.
30 (2) The underlying purposes of the Transportation
31 Commerce Improvement Program are to identify projects
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1 throughout the state which will provide more efficient
2 movement of travelers, goods, and services; assist local
3 governments in developing intermodal linkages; promote logical
4 linkages between different modes of transportation; and
5 attract federal, state, local, and private sector funds to
6 make these improvements.
7 (3) The Transportation Commerce Improvement Advisory
8 Council is created within the Department of Transportation,
9 but shall function independently of the control and direction
10 of the department. The council is authorized to perform such
11 acts as are required to facilitate and implement the
12 provisions of ss. 341.0531-341.0533.
13 (4) The council shall consist of:
14 (a) The Secretary of Transportation, or his or her
15 designee.
16 (b) Two members of the Senate appointed by the
17 President of the Senate, who shall serve ex officio.
18 (c) Two members of the House of Representatives
19 appointed by the Speaker of the House of Representatives, who
20 shall serve ex officio.
21 (d) The following representatives selected by the
22 Governor:
23 1. Two representatives from major railroads.
24 2. One representative from a short-line or regional
25 railroad.
26 3. Two representatives from airports involved in the
27 movement of freight and people from the airport facility to
28 another transportation mode.
29 4. Two representatives from seaports listed in s.
30 311.09(1), with one from the Atlantic Coast, and one from the
31 Gulf Coast.
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1 5. Two representatives from intermodal trucking
2 companies.
3 6. Two representatives from the private sector.
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5 Terms for council members shall be 2 years, provided that a
6 legislative member's term shall not exceed the term as
7 presiding officer of the presiding officer making that
8 member's appointment to the council. Initial appointments must
9 be made no later than August 1, 2003. Vacancies on the council
10 shall be filled in the same manner as the initial
11 appointments.
12 (5) Each member of the council shall be allowed one
13 vote. The council shall select a chair from among its
14 membership. Meetings shall be held at the call of the chair
15 but not less frequently than semiannually. The members of the
16 council shall be reimbursed for per diem and travel expenses
17 as provided in s. 112.061.
18 (6) The Department of Transportation shall provide
19 administrative staff support and shall ensure that council
20 meetings are electronically recorded. Such recordings and all
21 documents received, prepared for, or used by the council in
22 conducting its business shall be preserved pursuant to
23 chapters 119 and 257.
24 (7) The council shall develop and annually update a
25 transportation commerce improvement plan to connect Florida's
26 airports, deepwater seaports, rails systems serving both
27 passenger and freight, and major intermodal connectors to the
28 Florida Intrastate Highway System facilities. The plan must:
29 (a) Define and assess the state's freight intermodal
30 network, including airports, seaports, rail lines and
31 terminals, and connecting highways.
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1 (b) Define the goals and objectives concerning the
2 development and enhancement of transportation commerce
3 corridors of statewide significance designated pursuant to s.
4 341.0532.
5 (c) Include specific recommendations that provide a
6 cost-efficient and reliable landside freight movement system,
7 improve regional mobility and create time savings for both
8 freight and passenger users of regional transportation
9 systems, enhance transportation safety, stimulate economic
10 development and job creation, and provide an integrated,
11 efficient transportation system that will allow Florida to
12 compete with off-shore load centers and retain its share of
13 global markets to the benefit of the state.
14 (d) Allow for the prioritization of statewide
15 infrastructure investments, including the acceleration of
16 current projects identified by the department to be priority
17 projects for the efficient movement of people and freight.
18 (e) Assure maximum use of existing facilities and
19 optimum integration and coordination of the various modes of
20 transportation, including both government-owned and privately
21 owned resources, in the most cost-effective manner possible.
22 (f) Identify and maximize the use of private, local,
23 state, and federal resources to finance the costs of
24 identified projects. The council and the secretary shall use
25 this plan to leverage federal funding and promote federal
26 legislation to enhance Florida's transportation investments.
27 Section 3. Section 341.0532, Florida Statutes, is
28 created to read:
29 341.0532 Transportation commerce corridors of
30 statewide significance.--
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1 (1) A "transportation commerce corridor of statewide
2 significance" is a system of transportation infrastructure
3 that collectively provides for the efficient movement of
4 significant numbers of persons and significant volumes of
5 intrastate, interstate, and international commerce by
6 seamlessly linking multiple modes of travel.
7 (2) The state's initial transportation commerce
8 corridors of statewide significance are:
9 (a) The Interstate 95-Atlantic Coast Corridor, from
10 Jacksonville to Miami.
11 (b) The Gulf Coast Corridor, from Pensacola to St.
12 Petersburg and to Tampa along U.S. 98 and U.S. 19/State Road
13 27.
14 (c) The Central Florida/North-South Corridor, from the
15 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
16 along Interstate 75.
17 (d) The Central Florida/East-West Corridor, from St.
18 Petersburg to Tampa and to Titusville, along Interstate 4 and
19 the Beeline Expressway.
20 (e) The Interstate 10 Corridor, from Pensacola to
21 Jacksonville, to include U.S. 231, State Road 77, and State
22 Road 79 from the Florida-Alabama border to Panama City.
23 (f) The Jacksonville to Tampa corridor, along U.S.
24 301.
25 (g) The Jacksonville to Orlando Corridor, along U.S.
26 17.
27 (h) The Southeastern Everglades Corridor, linking
28 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
29 Florida Turnpike.
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1 For the purposes of this subsection, the term "corridor"
2 includes the roadways linking seaports, commercial service and
3 general aviation airports, rail yards, transportation
4 terminals, and intermodal service centers to the major
5 highways listed in this subsection to designate transportation
6 commerce corridors of statewide significance.
7 (3) The Transportation Commerce Improvement Advisory
8 Council is authorized to recommend additions to, deletions
9 from, or modifications to the initially designated corridors
10 listed in subsection (2). These recommendations shall be
11 accomplished through adoption of a resolution by majority vote
12 of the council indicating the proposed changes to the
13 corridors. The Department of Transportation may provide input
14 to the council regarding proposed changes to the corridors,
15 including the results of any consensus-building process
16 undertaken by the department to better define transportation
17 commerce corridors of statewide significance. In addition, any
18 of the entities eligible to submit an application for a
19 transportation commerce corridor grant pursuant to s. 341.0533
20 may propose corridor changes to the council. The council shall
21 provide any such adopted resolution recommending changes to
22 the Governor, the President of the Senate, and the Speaker of
23 the House of Representatives.
24 Section 4. Section 341.0533, Florida Statutes, is
25 created to read:
26 341.0533 Transportation commerce improvement grants.--
27 (1) The Legislature finds that Florida's future
28 economic health depends on a transportation system that can
29 successfully move growing numbers of residents and tourists
30 and transport goods and services within Florida, as well as to
31 and from national and international markets. The Legislature
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1 further finds that Florida's future investments in intermodal
2 development should be targeted toward a system that integrates
3 key components of the Florida Intrastate Highway System,
4 seaports, spaceports, aviation facilities, and rail facilities
5 within designated corridors. Therefore, the Legislature
6 creates transportation commerce improvement grants to address
7 these needs and to supplement existing related transportation
8 projects.
9 (2) Beginning July 1, 2004, a minimum of $30 million
10 shall be made available from the State Transportation Trust
11 Fund to fund transportation commerce improvement grants
12 approved under this section.
13 (3) Projects eligible to receive transportation
14 commerce improvement grants include, but are not limited to:
15 (a) Seaport projects that improve cargo and passenger
16 movements or connect the seaports to other modes of
17 transportation.
18 (b) Aviation projects that increase passenger
19 enplanements and cargo activity or connect airports to other
20 modes of transportation.
21 (c) Transit projects that improve mobility on
22 interstate highways, improve regional or localized travel, or
23 connect to other modes of transportation.
24 (d) Rail projects that facilitate the movement of
25 passengers and cargo, including ancillary pedestrian
26 facilities, or connect rail facilities to other modes of
27 transportation.
28 (e) Road or highway improvements that improve access
29 to another mode of transportation.
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1 (f) Roadway relocation projects or other projects that
2 address vehicle user conflicts, access issues, or safety
3 concerns with rail lines.
4 (4) Applications for transportation commerce
5 improvement grants shall be submitted to the Department of
6 Transportation no later than October 1 of each year, along
7 with documentation that the proposed project meets the
8 criteria listed in subsection (5). Projects may be proposed by
9 any local government, regional organization, economic
10 development board, public or private partnership, metropolitan
11 planning organization, state agency, or other entity engaged
12 in economic development activities.
13 (5) The basic criteria for receipt of a transportation
14 commerce improvement grant are:
15 (a) The project must be able to be made production
16 ready within a 5-year period following the end of the current
17 fiscal year.
18 (b) The project must be consistent with a current
19 transportation system plan, including, but not limited to, the
20 Florida Intrastate Highway System, aviation, intermodal/rail,
21 seaport, or transit system plans.
22 (c) The project must not be inconsistent with an
23 approved local comprehensive plan of any local government
24 within whose boundaries the project is located in whole or in
25 part, or, if inconsistent, must be accompanied by an
26 explanation of why the project should be undertaken.
27 (d) The project must be of statewide or regional
28 significance.
29 (e) The project must facilitate the movement of
30 people, goods, and services within a transportation commerce
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1 corridor of statewide significance designated pursuant to s.
2 341.0532.
3 (f) The project must encourage, enhance, or create
4 economic benefits in urban or rural areas.
5 (6) By December 1 of each year, the department shall
6 submit to the Transportation Commerce Improvement Advisory
7 Council all eligible projects that meet the basic criteria in
8 subsection (5) as determined by the department. The department
9 shall include in its submittal a summary of each eligible
10 grant application, including summary information indicating
11 how the project meets the criteria in this section.
12 (7) The council shall evaluate all of the applications
13 it receives from the department and shall annually develop a
14 list of recommended projects for funding. The council shall
15 use the following criteria for selecting projects for its
16 recommended funding list:
17 (a) Whether other funds are available to help complete
18 the project.
19 (b) The amount of local, federal, or private matching
20 funds available for the project.
21 (c) The extent to which the project incorporates
22 corridor management techniques, including access management
23 strategies, right-of-way acquisition or protection measures,
24 and appropriate zoning and setback controls.
25 (8) The council shall submit the list of recommended
26 projects for funding to the Secretary of Transportation, who,
27 after reviewing the list and its supporting documentation,
28 shall forward it to the Legislature. The Legislature shall
29 consider the council's recommended projects list and, if
30 applicable, shall include approved projects in the General
31 Appropriations Act. Projects approved for funding by the
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1 Legislature must be included in the department's adopted work
2 program.
3 (9) The department may adopt rules under ss.
4 120.536(1) and 120.54 for the administration of this section.
5 Section 5. This act shall take effect July 1, 2003.
6
7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 986
9
10 The committee substitute differs from the original bill by:
11 1) Providing for an additional $2 million per year to be
available from the State Transportation Trust Fund to
12 fund the Florida Seaport Transportation and Economic
Development Program;
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2) Providing for an additional $10 million from the State
14 Transportation Trust Fund to support non-security related
projects under the program;
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3) Establishing the Transportation Commerce Improvement
16 Program and the Transportation Commerce Improvement
Advisory Council in the Department of Transportation;
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4) Providing for the designation of Transportation Commerce
18 Corridors of Statewide Significance; and
19 5) Providing for transportation commerce improvement grants,
including funding from the State Transportation Trust
20 Fund, beginning in July 2004.
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