| 1 | A bill to be entitled | 
| 2 | An act relating to seaports; amending s. 311.07, F.S.;  | 
| 3 | increasing the amount of funds the Department of  | 
| 4 | Transportation is required to make available for the  | 
| 5 | Florida Seaport Transportation and Economic Development  | 
| 6 | Program; requiring the Florida Seaport Transportation and  | 
| 7 | Economic Development Council and the Assistant Secretary  | 
| 8 | of Intermodal Systems Development of the Department of  | 
| 9 | Transportation to identify certain state funds for the  | 
| 10 | purpose of funding the program; amending s. 311.09, F.S.;  | 
| 11 | increasing the amount of funding the department is  | 
| 12 | required to include in its annual legislative budget  | 
| 13 | request for the Florida Seaport Transportation and  | 
| 14 | Economic Development grant program; requiring the council  | 
| 15 | and the assistant secretary to identify certain state  | 
| 16 | funds for the purpose of funding the program; creating s.  | 
| 17 | 311.23, F.S.; establishing the Florida seaport  | 
| 18 | infrastructure bank within the Florida Seaport  | 
| 19 | Transportation and Economic Development Program to provide  | 
| 20 | loans and credit enhancements to certain deepwater  | 
| 21 | seaports and private entities for specified projects;  | 
| 22 | amending s. 320.20, F.S.; revising provisions for the  | 
| 23 | repayment of bonds relating to the Florida Seaport  | 
| 24 | Transportation and Economic Development Program; providing  | 
| 25 | for certain revenue bonds and other indebtedness relating  | 
| 26 | to the program to be issued by the Florida Ports Financing  | 
| 27 | Commission; providing requirements and procedures with  | 
| 28 | respect to funding for certain freight mobility projects;  | 
| 29 | amending s. 320.203, F.S.; conforming cross-references;  | 
| 30 | amending s. 373.406, F.S.; exempting overwater piers,  | 
| 31 | docks, and structures located in deepwater ports from  | 
| 32 | stormwater management system requirements under specified  | 
| 33 | conditions; amending s. 373.4133, F.S.; requiring the  | 
| 34 | Department of Environmental Protection to issue a notice  | 
| 35 | of intent for a port conceptual permit within a specified  | 
| 36 | time; providing that a notice of intent to issue such  | 
| 37 | permit creates a rebuttable presumption of compliance with  | 
| 38 | specified standards and authorization; providing a  | 
| 39 | standard for overcoming such a presumption; requiring the  | 
| 40 | department to issue certain permits within a specified  | 
| 41 | time and to notify specified entities of certain  | 
| 42 | compliance; providing an effective date. | 
| 43 | 
  | 
| 44 | Be It Enacted by the Legislature of the State of Florida: | 
| 45 | 
  | 
| 46 |      Section 1.  Subsection (2) of section 311.07, Florida  | 
| 47 | Statutes, is amended to read: | 
| 48 |      311.07  Florida seaport transportation and economic  | 
| 49 | development funding.- | 
| 50 |      (2)  Beginning July 1, 2012, a minimum of $20 $8 million  | 
| 51 | per year shall be made available from the State Transportation  | 
| 52 | Trust Fund to fund the Florida Seaport Transportation and  | 
| 53 | Economic Development Program. Beginning July 1, 2013, the  | 
| 54 | Florida Seaport Transportation and Economic Development Council  | 
| 55 | and the Assistant Secretary for Intermodal Systems Development  | 
| 56 | shall identify a minimum of $50 million per year in state funds  | 
| 57 | that can be made available to fund the Florida Seaport  | 
| 58 | Transportation and Economic Development Program. | 
| 59 |      Section 2.  Subsection (10) of section 311.09, Florida  | 
| 60 | Statutes, is amended to read: | 
| 61 |      311.09  Florida Seaport Transportation and Economic  | 
| 62 | Development Council.- | 
| 63 |      (10)(a)  Beginning July 1, 2012, the Department of  | 
| 64 | Transportation shall include in its annual legislative budget  | 
| 65 | request a Florida Seaport Transportation and Economic  | 
| 66 | Development grant program for expenditure of funds of not less  | 
| 67 | than $20 $8 million per year. Such budget shall include funding  | 
| 68 | for projects approved by the council which have been determined  | 
| 69 | by each agency to be consistent and which have been determined  | 
| 70 | by the Office of Tourism, Trade, and Economic Development to be  | 
| 71 | economically beneficial. The department shall include the  | 
| 72 | specific approved seaport projects to be funded under this  | 
| 73 | section during the ensuing fiscal year in the tentative work  | 
| 74 | program developed pursuant to s. 339.135(4). The total amount of  | 
| 75 | funding to be allocated to seaport projects under s. 311.07  | 
| 76 | during the successive 4 fiscal years shall also be included in  | 
| 77 | the tentative work program developed pursuant to s. 339.135(4).  | 
| 78 | The council may submit to the department a list of approved  | 
| 79 | projects that could be made production-ready within the next 2  | 
| 80 | years. The list shall be submitted by the department as part of  | 
| 81 | the needs and project list prepared pursuant to s.  | 
| 82 | 339.135(2)(b). However, the department shall, upon written  | 
| 83 | request of the Florida Seaport Transportation and Economic  | 
| 84 | Development Council, submit work program amendments pursuant to  | 
| 85 | s. 339.135(7) to the Governor within 10 days after the later of  | 
| 86 | the date the request is received by the department or the  | 
| 87 | effective date of the amendment, termination, or closure of the  | 
| 88 | applicable funding agreement between the department and the  | 
| 89 | affected seaport, as required to release the funds from the  | 
| 90 | existing commitment. Notwithstanding s. 339.135(7)(c), any work  | 
| 91 | program amendment to transfer prior year funds from one approved  | 
| 92 | seaport project to another seaport project is subject to the  | 
| 93 | procedures in s. 339.135(7)(d). Notwithstanding any provision of  | 
| 94 | law to the contrary, the department may transfer unexpended  | 
| 95 | budget between the seaport projects as identified in the  | 
| 96 | approved work program amendments. | 
| 97 |      (b)  Beginning July 1, 2013, the council and the Assistant  | 
| 98 | Secretary for Intermodal Systems Development shall identify a  | 
| 99 | minimum of $50 million per year in state funds that can be made  | 
| 100 | available to fund the Florida Seaport Transportation and  | 
| 101 | Economic Development Program. | 
| 102 |      Section 3.  Section 311.23, Florida Statutes, is created to  | 
| 103 | read: | 
| 104 |      311.23  Florida seaport infrastructure bank.- | 
| 105 |      (1)  There is created within the Florida Seaport  | 
| 106 | Transportation and Economic Development Program an  | 
| 107 | infrastructure bank for the purpose of providing loans and  | 
| 108 | credit enhancements to deepwater seaports listed in s. 311.09  | 
| 109 | and private entities operating in such seaports for use in  | 
| 110 | constructing and improving port transportation and port  | 
| 111 | facilities projects that improve the movement and intermodal  | 
| 112 | transportation of cargo and passengers in commerce and trade. | 
| 113 |      (2)  The bank may lend capital costs or provide credit  | 
| 114 | enhancements for: | 
| 115 |      (a)  Port transportation or port facilities projects that: | 
| 116 |      1.  Are approved pursuant to s. 311.09. | 
| 117 |      2.  Are on the State Intermodal System. | 
| 118 |      3.  Provide intermodal connectivity with airports,  | 
| 119 | roadways, rail facilities, and other transportation terminals,  | 
| 120 | pursuant to s. 341.053, for the movement of people and goods. | 
| 121 |      (b)1.  Emergency loans for damages incurred to deepwater  | 
| 122 | seaports listed in s. 311.09 that are within an area that is  | 
| 123 | part of an official state declaration of emergency pursuant to  | 
| 124 | chapter 252 and all other applicable laws. Such loans: | 
| 125 |      a.  May not exceed 24 months in duration except in extreme  | 
| 126 | circumstances, for which the chair of the Florida Seaport  | 
| 127 | Transportation and Economic Development Council may grant up to  | 
| 128 | 36 months upon making written findings specifying the conditions  | 
| 129 | requiring a 36-month term. | 
| 130 |      b.  Require application from the recipient to the council  | 
| 131 | that includes documentation of damage claims filed with the  | 
| 132 | Federal Emergency Management Agency or an applicable insurance  | 
| 133 | carrier and documentation of the recipient's overall financial  | 
| 134 | condition. | 
| 135 |      2.  Loans provided under this paragraph must be repaid upon  | 
| 136 | receipt by the recipient of eligible program funding for damages  | 
| 137 | in accordance with the claims filed with the Federal Emergency  | 
| 138 | Management Agency or an applicable insurance carrier, but no  | 
| 139 | later than the duration of the loan. | 
| 140 |      (3)  Loans from the bank may be subordinated to senior  | 
| 141 | project debt that has an investment grade rating of "BBB" or  | 
| 142 | higher. | 
| 143 |      (4)  Loans from the bank may bear interest at or below  | 
| 144 | market interest rates, as determined by the council. Repayment  | 
| 145 | of any loan shall commence not later than 5 years after the  | 
| 146 | project has been completed, except for loans provided under  | 
| 147 | paragraph (2)(b), which shall be repaid within 36 months. | 
| 148 |      (5)  To be eligible for consideration, projects must be  | 
| 149 | approved as eligible for funding by the council pursuant to s.  | 
| 150 | 311.09 and must provide a dedicated repayment source to ensure  | 
| 151 | the loan is repaid to the bank. | 
| 152 |      (6)  In addition to the requirements of s. 311.09, the  | 
| 153 | council may consider, but is not limited to, the following  | 
| 154 | criteria for evaluation of projects for assistance from the  | 
| 155 | bank: | 
| 156 |      (a)  The credit worthiness of the project. | 
| 157 |      (b)  The likelihood that assistance would enable the  | 
| 158 | project to proceed at an earlier date than would otherwise be  | 
| 159 | possible. | 
| 160 |      (c)  The extent to which assistance would foster innovative  | 
| 161 | public-private partnerships and attract private debt or equity  | 
| 162 | investment. | 
| 163 |      (d)  The amount of the proposed assistance as a percentage  | 
| 164 | of the overall project costs with emphasis on local and private  | 
| 165 | participation. | 
| 166 |      (e)  The extent to which damage from a disaster that  | 
| 167 | results in a declaration of emergency has impacted a deepwater  | 
| 168 | seaport's ability to maintain its previous level of service and  | 
| 169 | remain accessible to the public or has had a major impact on the  | 
| 170 | cash flow or revenue-generation ability of the facility. | 
| 171 |      (7)  The council may adopt rules to implement the seaport  | 
| 172 | infrastructure bank. | 
| 173 |      (8)  The council may use any available funds appropriated  | 
| 174 | by the Legislature pursuant to s. 311.07 or s. 320.20 for the  | 
| 175 | purposes of the seaport infrastructure bank. | 
| 176 |      Section 4.  Subsections (3) and (4) of section 320.20,  | 
| 177 | Florida Statutes, are amended, subsection (5) is renumbered as  | 
| 178 | subsection (6), and a new subsection (5) is added to that  | 
| 179 | section, to read: | 
| 180 |      320.20  Disposition of license tax moneys.-The revenue  | 
| 181 | derived from the registration of motor vehicles, including any  | 
| 182 | delinquent fees and excluding those revenues collected and  | 
| 183 | distributed under the provisions of s. 320.081, must be  | 
| 184 | distributed monthly, as collected, as follows: | 
| 185 |      (3)  Notwithstanding any other provision of law except  | 
| 186 | subsections (1) and (2), on July 1, 1996, and annually  | 
| 187 | thereafter, $15 million shall be deposited in the State  | 
| 188 | Transportation Trust Fund solely for the purposes of funding the  | 
| 189 | Florida Seaport Transportation and Economic Development Program  | 
| 190 | as provided for in chapter 311. Such revenues shall be  | 
| 191 | distributed on a 50-50 matching basis to any port listed in s.  | 
| 192 | 311.09(1) to be used for funding projects as described in s.  | 
| 193 | 311.07(3)(b). Such revenues may be assigned, pledged, or set  | 
| 194 | aside as a trust for the payment of principal or interest on  | 
| 195 | bonds, tax anticipation certificates, or any other form of  | 
| 196 | indebtedness issued by an individual port or appropriate local  | 
| 197 | government having jurisdiction thereof, or collectively by  | 
| 198 | interlocal agreement among any of the ports, or used to purchase  | 
| 199 | credit support to permit such borrowings. However, such debt  | 
| 200 | shall not constitute a general obligation of the State of  | 
| 201 | Florida. The state does hereby covenant with holders of such  | 
| 202 | revenue bonds or other instruments of indebtedness issued  | 
| 203 | hereunder that it will not repeal or impair or amend in any  | 
| 204 | manner which will materially and adversely affect the rights of  | 
| 205 | such holders so long as bonds authorized by this section are  | 
| 206 | outstanding. Any revenues which are not pledged to the repayment  | 
| 207 | of bonds as authorized by this section may be utilized for  | 
| 208 | purposes authorized under the Florida Seaport Transportation and  | 
| 209 | Economic Development Program. This revenue source is in addition  | 
| 210 | to any amounts provided for and appropriated in accordance with  | 
| 211 | s. 311.07. The Florida Seaport Transportation and Economic  | 
| 212 | Development Council shall approve distribution of funds to ports  | 
| 213 | for projects which have been approved pursuant to s. 311.09(5)- | 
| 214 | (9). The council and the Department of Transportation are  | 
| 215 | authorized to perform such acts as are required to facilitate  | 
| 216 | and implement the provisions of this subsection. To better  | 
| 217 | enable the ports to cooperate to their mutual advantage, the  | 
| 218 | governing body of each port may exercise powers provided to  | 
| 219 | municipalities or counties in s. 163.01(7)(d) subject to the  | 
| 220 | provisions of chapter 311 and special acts, if any, pertaining  | 
| 221 | to a port. The use of funds provided pursuant to this subsection  | 
| 222 | are limited to eligible projects listed in this subsection.  | 
| 223 | Income derived from a project completed with the use of program  | 
| 224 | funds, beyond operating costs and debt service, shall be  | 
| 225 | restricted to further port capital improvements consistent with  | 
| 226 | maritime purposes and for no other purpose. Use of such income  | 
| 227 | for nonmaritime purposes is prohibited. The provisions of s.  | 
| 228 | 311.07(4) do not apply to any funds received pursuant to this  | 
| 229 | subsection. The revenues available under this subsection shall  | 
| 230 | not be pledged to the payment of any bonds other than the  | 
| 231 | Florida Ports Financing Commission Series 1996 and Series 1999  | 
| 232 | Bonds currently outstanding; provided, however, such revenues  | 
| 233 | may be pledged to secure payment of refunding bonds to refinance  | 
| 234 | the Florida Ports Financing Commission Series 1996 and Series  | 
| 235 | 1999 Bonds. No refunding bonds secured by revenues available  | 
| 236 | under this subsection may be issued with a final maturity later  | 
| 237 | than the final maturity of the Florida Ports Financing  | 
| 238 | Commission Series 1996 and Series 1999 Bonds or which provide  | 
| 239 | for higher debt service in any year than is currently payable on  | 
| 240 | such bonds. Any revenue bonds or other indebtedness issued after  | 
| 241 | July 1, 2011 2000, other than refunding bonds shall be issued by  | 
| 242 | the Florida Ports Financing Commission in such a manner as to  | 
| 243 | ensure that the greatest amount of revenue is available for  | 
| 244 | eligible ports projects. The commission may consult with the  | 
| 245 | Division of Bond Finance relating to the issuance of any revenue  | 
| 246 | bonds at the request of the Department of Transportation  | 
| 247 | pursuant to the State Bond Act. | 
| 248 |      (4)  Notwithstanding any other provision of law except  | 
| 249 | subsections (1), (2), and (3), on July 1, 1999, and annually  | 
| 250 | thereafter, $10 million shall be deposited in the State  | 
| 251 | Transportation Trust Fund solely for the purposes of funding the  | 
| 252 | Florida Seaport Transportation and Economic Development Program  | 
| 253 | as provided in chapter 311 and for funding seaport intermodal  | 
| 254 | access projects of statewide significance as provided in s.  | 
| 255 | 341.053. Such revenues shall be distributed to any port listed  | 
| 256 | in s. 311.09(1), to be used for funding projects as follows: | 
| 257 |      (a)  For any seaport intermodal access projects that are  | 
| 258 | identified in the 1997-1998 Tentative Work Program of the  | 
| 259 | Department of Transportation, up to the amounts needed to offset  | 
| 260 | the funding requirements of this section. | 
| 261 |      (b)  For seaport intermodal access projects as described in  | 
| 262 | s. 341.053(5) that are identified in the 5-year Florida Seaport  | 
| 263 | Mission Plan as provided in s. 311.09(3). Funding for such  | 
| 264 | projects shall be on a matching basis as mutually determined by  | 
| 265 | the Florida Seaport Transportation and Economic Development  | 
| 266 | Council and the Department of Transportation, provided a minimum  | 
| 267 | of 25 percent of total project funds shall come from any port  | 
| 268 | funds, local funds, private funds, or specifically earmarked  | 
| 269 | federal funds. | 
| 270 |      (c)  On a 50-50 matching basis for projects as described in  | 
| 271 | s. 311.07(3)(b). | 
| 272 |      (d)  For seaport intermodal access projects that involve  | 
| 273 | the dredging or deepening of channels, turning basins, or  | 
| 274 | harbors; or the rehabilitation of wharves, docks, or similar  | 
| 275 | structures. Funding for such projects shall require a 25 percent  | 
| 276 | match of the funds received pursuant to this subsection.  | 
| 277 | Matching funds shall come from any port funds, federal funds,  | 
| 278 | local funds, or private funds. | 
| 279 | 
  | 
| 280 | Such revenues may be assigned, pledged, or set aside as a trust  | 
| 281 | for the payment of principal or interest on bonds, tax  | 
| 282 | anticipation certificates, or any other form of indebtedness  | 
| 283 | issued by an individual port or appropriate local government  | 
| 284 | having jurisdiction thereof, or collectively by interlocal  | 
| 285 | agreement among any of the ports, or used to purchase credit  | 
| 286 | support to permit such borrowings. However, such debt shall not  | 
| 287 | constitute a general obligation of the state. This state does  | 
| 288 | hereby covenant with holders of such revenue bonds or other  | 
| 289 | instruments of indebtedness issued hereunder that it will not  | 
| 290 | repeal or impair or amend this subsection in any manner which  | 
| 291 | will materially and adversely affect the rights of holders so  | 
| 292 | long as bonds authorized by this subsection are outstanding. Any  | 
| 293 | revenues that are not pledged to the repayment of bonds as  | 
| 294 | authorized by this section may be utilized for purposes  | 
| 295 | authorized under the Florida Seaport Transportation and Economic  | 
| 296 | Development Program. This revenue source is in addition to any  | 
| 297 | amounts provided for and appropriated in accordance with s.  | 
| 298 | 311.07 and subsection (3). The Florida Seaport Transportation  | 
| 299 | and Economic Development Council shall approve distribution of  | 
| 300 | funds to ports for projects that have been approved pursuant to  | 
| 301 | s. 311.09(5)-(9), or for seaport intermodal access projects  | 
| 302 | identified in the 5-year Florida Seaport Mission Plan as  | 
| 303 | provided in s. 311.09(3) and mutually agreed upon by the FSTED  | 
| 304 | Council and the Department of Transportation. All contracts for  | 
| 305 | actual construction of projects authorized by this subsection  | 
| 306 | must include a provision encouraging employment of participants  | 
| 307 | in the welfare transition program. The goal for employment of  | 
| 308 | participants in the welfare transition program is 25 percent of  | 
| 309 | all new employees employed specifically for the project, unless  | 
| 310 | the Department of Transportation and the Florida Seaport  | 
| 311 | Transportation and Economic Development Council demonstrate that  | 
| 312 | such a requirement would severely hamper the successful  | 
| 313 | completion of the project. In such an instance, Workforce  | 
| 314 | Florida, Inc., shall establish an appropriate percentage of  | 
| 315 | employees that must be participants in the welfare transition  | 
| 316 | program. The council and the Department of Transportation are  | 
| 317 | authorized to perform such acts as are required to facilitate  | 
| 318 | and implement the provisions of this subsection. To better  | 
| 319 | enable the ports to cooperate to their mutual advantage, the  | 
| 320 | governing body of each port may exercise powers provided to  | 
| 321 | municipalities or counties in s. 163.01(7)(d) subject to the  | 
| 322 | provisions of chapter 311 and special acts, if any, pertaining  | 
| 323 | to a port. The use of funds provided pursuant to this subsection  | 
| 324 | is limited to eligible projects listed in this subsection. The  | 
| 325 | provisions of s. 311.07(4) do not apply to any funds received  | 
| 326 | pursuant to this subsection. The revenues available under this  | 
| 327 | subsection shall not be pledged to the payment of any bonds  | 
| 328 | other than the Florida Ports Financing Commission Series 1996  | 
| 329 | and Series 1999 Bonds currently outstanding; provided, however,  | 
| 330 | such revenues may be pledged to secure payment of refunding  | 
| 331 | bonds to refinance the Florida Ports Financing Commission Series  | 
| 332 | 1996 and Series 1999 Bonds. No refunding bonds secured by  | 
| 333 | revenues available under this subsection may be issued with a  | 
| 334 | final maturity later than the final maturity of the Florida  | 
| 335 | Ports Financing Commission Series 1996 and Series 1999 Bonds or  | 
| 336 | which provide for higher debt service in any year than is  | 
| 337 | currently payable on such bonds. Any revenue bonds or other  | 
| 338 | indebtedness issued after July 1, 2011 2000, other than  | 
| 339 | refunding bonds shall be issued by the Florida Ports Financing  | 
| 340 | Commission in such a manner as to ensure that the greatest  | 
| 341 | amount of revenue is available for eligible ports projects. The  | 
| 342 | commission may consult with the Division of Bond Finance  | 
| 343 | relating to the issuance of any revenue bonds at the request of  | 
| 344 | the Department of Transportation pursuant to the State Bond Act. | 
| 345 |      (5)(a)  Notwithstanding any other provision of law except  | 
| 346 | subsections (1), (2), (3), and (4), on July 1, 2014, and  | 
| 347 | annually thereafter, $10 million shall be deposited, subject to  | 
| 348 | appropriation, in the State Transportation Trust Fund solely for  | 
| 349 | the purpose of funding freight mobility projects that improve  | 
| 350 | throughput or provide long-term congestion relief for freight  | 
| 351 | movement for a part of the state's transportation network and  | 
| 352 | improve economic productivity for the state or the region in  | 
| 353 | which the projects are located. | 
| 354 |      (b)  Freight mobility projects shall include on-port  | 
| 355 | projects identified by the Florida Seaport Transportation and  | 
| 356 | Economic Development Council that meet the Department of  | 
| 357 | Transportation's Strategic Intermodal System criteria or are  | 
| 358 | regionally significant freight projects that are eligible for  | 
| 359 | federal dollars consistent with criteria developed for federal  | 
| 360 | freight transportation grant programs. | 
| 361 |      (c)  The revenues shall be distributed to any port listed  | 
| 362 | in s. 311.09(1) to be used for funding such projects. Funding  | 
| 363 | shall require at least a 25 percent match of funds received  | 
| 364 | pursuant to this subsection. Matching funds must come from any  | 
| 365 | available port funds, federal funds, local funds, or private  | 
| 366 | funds. | 
| 367 | 
  | 
| 368 | Such revenues may be assigned, pledged, or set aside as a trust  | 
| 369 | for the payment of principal or interest on bonds, tax  | 
| 370 | anticipation certificates, or any other form of indebtedness  | 
| 371 | issued by an individual port or appropriate local government  | 
| 372 | having jurisdiction thereof, or collectively by interlocal  | 
| 373 | agreement among any of the ports, or used to purchase credit  | 
| 374 | support to permit such borrowings. However, such debt does not  | 
| 375 | constitute a general obligation of the state. The state  | 
| 376 | covenants with holders of such bonds that it will not repeal or  | 
| 377 | impair or amend this subsection in any manner that materially  | 
| 378 | and adversely affects the rights of holders so long as bonds  | 
| 379 | authorized by this subsection are outstanding. Any revenues that  | 
| 380 | are not pledged for the repayment of bonds may be used for  | 
| 381 | purposes authorized under the Florida Seaport Transportation and  | 
| 382 | Economic Development Program. This is in addition to any amounts  | 
| 383 | provided for and appropriated in accordance with s. 311.07 and  | 
| 384 | subsections (3) and (4). The Florida Seaport Transportation and  | 
| 385 | Economic Development Council shall submit to the Department of  | 
| 386 | Transportation a list of strategic freight mobility projects  | 
| 387 | that contribute to the economic productivity of the state and  | 
| 388 | that have been approved pursuant to s. 311.09(5)-(9). The  | 
| 389 | council and the Department of Transportation shall mutually  | 
| 390 | agree upon the prioritization and selection of projects for  | 
| 391 | funding. The Department of Transportation shall include the  | 
| 392 | selected projects for funding in the tentative work program  | 
| 393 | developed pursuant to s. 339.135. The council and the Department  | 
| 394 | of Transportation may perform such acts as are required to  | 
| 395 | facilitate and implement this subsection, including the funding  | 
| 396 | of approved projects through the use of other state funding  | 
| 397 | programs, local contributions from seaports, public-private  | 
| 398 | partnerships, and other non-federal contributions that can be  | 
| 399 | used to leverage federal investments. To better enable the ports  | 
| 400 | to cooperate for their mutual advantage, the governing body of  | 
| 401 | each port may exercise powers provided to municipalities or  | 
| 402 | counties in s. 163.01(7)(d), subject to chapter 311 and any  | 
| 403 | special acts pertaining to the port. The use of funds provided  | 
| 404 | under this subsection is limited to eligible projects listed in  | 
| 405 | this subsection. Any revenue bonds or other indebtedness issued  | 
| 406 | pursuant to this subsection shall be issued by the Florida Ports  | 
| 407 | Financing Commission in such a manner as to ensure that the  | 
| 408 | greatest amount of revenue is available for eligible port  | 
| 409 | projects. The commission may consult with the Division of Bond  | 
| 410 | Finance relating to the issuance of any revenue bonds. | 
| 411 |      Section 5.  Subsection (1) of section 320.203, Florida  | 
| 412 | Statutes, is amended to read: | 
| 413 |      320.203  Disposition of biennial license tax moneys.- | 
| 414 |      (1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or  | 
| 415 | (b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76  | 
| 416 | and pursuant to s. 216.351, after the provisions of s.  | 
| 417 | 320.20(1), (2), (3), (4), and (5), and (6) are fulfilled, an  | 
| 418 | amount equal to 50 percent of revenues collected from the  | 
| 419 | biennial registrations created in s. 320.07 shall be retained in  | 
| 420 | the Motor Vehicle License Clearing Trust Fund, authorized in s.  | 
| 421 | 215.32(2)(b)2.f., until July 1. After July 1 of the subsequent  | 
| 422 | fiscal year, an amount equal to 50 percent of revenues collected  | 
| 423 | from the biennial registrations created in s. 320.07 shall be  | 
| 424 | distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),  | 
| 425 | (6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and  | 
| 426 | 320.20(1), (2), (3), (4), and (5), and (6). | 
| 427 |      Section 6.  Subsection (12) is added to section 373.406,  | 
| 428 | Florida Statutes, to read: | 
| 429 |      373.406  Exemptions.-The following exemptions shall apply: | 
| 430 |      (12)  All overwater piers, docks, and similar structures  | 
| 431 | located in a deepwater port listed in s. 311.09 are not part of  | 
| 432 | a stormwater management system and are not impervious under this  | 
| 433 | chapter or chapter 403 if the port has a Stormwater Pollution  | 
| 434 | Prevention Plan pursuant to the National Pollutant Discharge  | 
| 435 | Elimination System Program. | 
| 436 |      Section 7.  Subsection (8) of section 373.4133, Florida  | 
| 437 | Statutes, is amended to read: | 
| 438 |      373.4133  Port conceptual permits.- | 
| 439 |      (8)  Except as otherwise provided in this section, the  | 
| 440 | following procedures apply to the approval or denial of an  | 
| 441 | application for a port conceptual permit or a final permit or  | 
| 442 | authorization: | 
| 443 |      (a)  Applications for a port conceptual permit, including  | 
| 444 | any request for the conceptual approval of the use of  | 
| 445 | sovereignty submerged lands, shall be processed in accordance  | 
| 446 | with the provisions of ss. 373.427 and 120.60. However, if the  | 
| 447 | applicant believes that any request for additional information  | 
| 448 | is not authorized by law or agency rule, the applicant may  | 
| 449 | request an informal hearing pursuant to s. 120.57(2) before the  | 
| 450 | Secretary of Environmental Protection to determine whether the  | 
| 451 | application is complete. | 
| 452 |      (b)  Notwithstanding any other provision of law, the  | 
| 453 | department shall issue a notice of intent within 30 days after  | 
| 454 | receipt of an application for a port conceptual permit. Upon  | 
| 455 | issuance of the department's notice of intent to issue or deny a  | 
| 456 | port conceptual permit, the applicant shall publish a one-time  | 
| 457 | notice of such intent, prepared by the department, in the  | 
| 458 | newspaper with the largest general circulation in the county or  | 
| 459 | counties where the port is located. | 
| 460 |      (c)  A notice of intent to issue a port conceptual permit  | 
| 461 | creates a rebuttable presumption that development of the port or  | 
| 462 | private facilities consistent with the approved port master plan  | 
| 463 | complies with all applicable standards for issuance of a  | 
| 464 | conceptual permit, an environmental resource permit, and  | 
| 465 | sovereign lands authorization pursuant to chapters 161, 253,  | 
| 466 | 373, and 403. The presumption may be overcome only by clear and  | 
| 467 | convincing evidence. | 
| 468 |      (d)  Upon issuance and finalization of a port conceptual  | 
| 469 | permit, and, if necessary, an environmental resource permit or  | 
| 470 | sovereign lands authorization pursuant to this section, the  | 
| 471 | department shall notify the United States Army Corps of  | 
| 472 | Engineers that the applicant is in compliance with all state  | 
| 473 | water quality and regulatory requirements and shall issue any  | 
| 474 | requested construction permit within 30 days after receipt of  | 
| 475 | the request. | 
| 476 |      (e)(c)  Final agency action on a port conceptual permit is  | 
| 477 | subject to challenge pursuant to ss. 120.569 and 120.57.  | 
| 478 | However, final agency action to authorize subsequent  | 
| 479 | construction of facilities contained in a port conceptual permit  | 
| 480 | may only be challenged by a third party for consistency with the  | 
| 481 | port conceptual permit. | 
| 482 |      (f)(d)  A person who will be substantially affected by a  | 
| 483 | final agency action described in paragraph (e) (c) must initiate  | 
| 484 | administrative proceedings pursuant to ss. 120.569 and 120.57  | 
| 485 | within 21 days after the publication of the notice of the  | 
| 486 | proposed action. If administrative proceedings are requested,  | 
| 487 | the proceedings are subject to the summary hearing provisions of  | 
| 488 | s. 120.574. However, if the decision of the administrative law  | 
| 489 | judge will be a recommended order rather than a final order, a  | 
| 490 | summary proceeding must be conducted within 90 days after a  | 
| 491 | party files a motion for summary hearing, regardless of whether  | 
| 492 | the parties agree to the summary proceeding. | 
| 493 |      Section 8.  This act shall take effect July 1, 2011. |