| 1 | A bill to be entitled |
| 2 | An act relating to infrastructure investment; amending s. |
| 3 | 20.23, F.S.; requiring the Secretary of Transportation to |
| 4 | designate duties relating to certain investment |
| 5 | opportunities and transportation projects to an assistant |
| 6 | secretary; amending s. 311.09, F.S.; revising requirements |
| 7 | for the inclusion of certain goals and objectives in the |
| 8 | Florida Seaport Mission Plan; requiring the Florida |
| 9 | Seaport Transportation and Economic Development Council to |
| 10 | develop a priority list of projects and submit the list to |
| 11 | the Department of Transportation; amending s. 311.14, |
| 12 | F.S.; requiring certain ports to develop master plans; |
| 13 | providing criteria for such plans; requiring such plans to |
| 14 | be consistent with local government comprehensive plans; |
| 15 | requiring such plans to be submitted to the Florida |
| 16 | Seaport Transportation and Economic Development Council; |
| 17 | requiring the Florida Seaport Transportation and Economic |
| 18 | Development Council to review such plans and include |
| 19 | related information in the Florida Seaport Mission Plan; |
| 20 | amending s. 339.155, F.S.; clarifying and revising the |
| 21 | principles on which the Florida Transportation Plan is |
| 22 | based; amending s. 339.63, F.S.; adding certain existing |
| 23 | and planned facilities to the list of facilities included |
| 24 | in the Strategic Intermodal System and the Emerging |
| 25 | Strategic Intermodal System; amending s. 373.406, F.S.; |
| 26 | exempting overwater piers, docks, and structures located |
| 27 | in deepwater ports from stormwater management system |
| 28 | requirements under specified conditions; amending s. |
| 29 | 373.4133, F.S.; requiring the Department of Environmental |
| 30 | Protection to issue a notice of intent for a port |
| 31 | conceptual permit within a specified time; providing that |
| 32 | a notice of intent to issue such permit creates a |
| 33 | rebuttable presumption of compliance with specified |
| 34 | standards and authorization; providing a standard for |
| 35 | overcoming such a presumption; requiring the department to |
| 36 | issue certain permits within a specified time and to |
| 37 | notify specified entities of certain compliance; amending |
| 38 | s. 403.813, F.S.; exempting specified seaports and inland |
| 39 | navigation districts from requirements to conduct |
| 40 | maintenance dredging under certain conditions; excluding |
| 41 | ditches, pipes, and similar linear conveyances from |
| 42 | consideration as receiving waters for the disposal of |
| 43 | dredged materials; authorizing public ports and inland |
| 44 | navigation districts to use sovereignty submerged lands in |
| 45 | connection with maintenance dredging; authorizing the |
| 46 | disposal of spoil material on specified sites; providing |
| 47 | an effective date. |
| 48 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 51 | Section 1. Paragraph (d) of subsection (1) of section |
| 52 | 20.23, Florida Statutes, is amended to read: |
| 53 | 20.23 Department of Transportation.-There is created a |
| 54 | Department of Transportation which shall be a decentralized |
| 55 | agency. |
| 56 | (1) |
| 57 | (d) The secretary may appoint up to three assistant |
| 58 | secretaries who shall be directly responsible to the secretary |
| 59 | and who shall perform such duties as are assigned by the |
| 60 | secretary. The secretary shall designate to an assistant |
| 61 | secretary the duties related to enhancing economic prosperity, |
| 62 | including, but not limited to, the responsibility of liaison |
| 63 | with the head of economic development in the Executive Office of |
| 64 | the Governor. Such assistant secretary shall be directly |
| 65 | responsible for providing the Executive Office of the Governor |
| 66 | with investment opportunities and transportation projects that |
| 67 | expand the state's role as a global hub for trade and investment |
| 68 | and enhance the supply chain system in the state to process, |
| 69 | assemble, and ship goods to markets throughout the eastern |
| 70 | United States, Canada, the Caribbean, and Latin America. The |
| 71 | secretary may delegate to any assistant secretary the authority |
| 72 | to act in the absence of the secretary. |
| 73 | Section 2. Subsection (3) of section 311.09, Florida |
| 74 | Statutes, is amended to read: |
| 75 | 311.09 Florida Seaport Transportation and Economic |
| 76 | Development Council.- |
| 77 | (3) The council shall prepare a 5-year Florida Seaport |
| 78 | Mission Plan defining the goals and objectives of the council |
| 79 | concerning the development of port facilities and an intermodal |
| 80 | transportation system consistent with the goals of the Florida |
| 81 | Transportation Plan developed pursuant to s. 339.155. The |
| 82 | Florida Seaport Mission Plan shall include specific |
| 83 | recommendations for the construction of transportation |
| 84 | facilities connecting any port to another transportation mode |
| 85 | and for the efficient, cost-effective development of |
| 86 | transportation facilities or port facilities for the purpose of |
| 87 | enhancing international trade, promoting cargo flow, increasing |
| 88 | cruise passenger movements, increasing port revenues, and |
| 89 | providing economic benefits to the state. The council shall |
| 90 | develop a priority list of projects based on these |
| 91 | recommendations annually and submit the list to the Department |
| 92 | of Transportation. The council shall update the 5-year Florida |
| 93 | Seaport Mission Plan annually and shall submit the plan no later |
| 94 | than February 1 of each year to the President of the Senate; the |
| 95 | Speaker of the House of Representatives; the Office of Tourism, |
| 96 | Trade, and Economic Development; the Department of |
| 97 | Transportation; and the Department of Community Affairs. The |
| 98 | council shall develop programs, based on an examination of |
| 99 | existing programs in Florida and other states, for the training |
| 100 | of minorities and secondary school students in job skills |
| 101 | associated with employment opportunities in the maritime |
| 102 | industry, and report on progress and recommendations for further |
| 103 | action to the President of the Senate and the Speaker of the |
| 104 | House of Representatives annually. |
| 105 | Section 3. Section 311.14, Florida Statutes, is amended to |
| 106 | read: |
| 107 | 311.14 Seaport freight-mobility planning.- |
| 108 | (1) The Florida Seaport Transportation and Economic |
| 109 | Development Council, in cooperation with the Office of the State |
| 110 | Public Transportation Administrator within the Department of |
| 111 | Transportation, shall develop freight-mobility and trade- |
| 112 | corridor plans to assist in making freight-mobility investments |
| 113 | that contribute to the economic growth of the state. Such plans |
| 114 | should enhance the integration and connectivity of the |
| 115 | transportation system across and between transportation modes |
| 116 | throughout Florida for people and freight. |
| 117 | (2) The Office of the State Public Transportation |
| 118 | Administrator shall act to integrate freight-mobility and trade- |
| 119 | corridor plans into the Florida Transportation Plan developed |
| 120 | pursuant to s. 339.155 and into the plans and programs of |
| 121 | metropolitan planning organizations as provided in s. 339.175. |
| 122 | The office may also provide assistance in expediting the |
| 123 | transportation permitting process relating to the construction |
| 124 | of seaport freight-mobility projects located outside the |
| 125 | physical borders of seaports. The Department of Transportation |
| 126 | may contract, as provided in s. 334.044, with any port listed in |
| 127 | s. 311.09(1) or any such other statutorily authorized seaport |
| 128 | entity to act as an agent in the construction of seaport |
| 129 | freight-mobility projects. |
| 130 | (3) Each port shall develop a master plan with a 10-year |
| 131 | horizon. Each plan must include the following: |
| 132 | (a) An economic development component that identifies |
| 133 | targeted business opportunities for increasing business and |
| 134 | attracting new business for which a particular facility has a |
| 135 | strategic advantage over its competitors, identifies financial |
| 136 | resources and other inducements to encourage growth of existing |
| 137 | business and acquisition of new business, and provides a |
| 138 | projected schedule for attainment of the plan's goals. |
| 139 | (b) An infrastructure development and improvement |
| 140 | component that identifies all projected infrastructure |
| 141 | improvements within the plan area which require improvement, |
| 142 | expansion, or development in order for a port to attain a |
| 143 | strategic advantage for competition with national and |
| 144 | international competitors. |
| 145 | (c) A component that identifies all intermodal |
| 146 | transportation facilities, including sea, air, rail, or road |
| 147 | facilities, which are available or have potential, with |
| 148 | improvements, to be available for necessary national and |
| 149 | international commercial linkages and provides a plan for the |
| 150 | integration of port, airport, and railroad activities with |
| 151 | existing and planned transportation infrastructure. |
| 152 | (d) A component that identifies physical, environmental, |
| 153 | and regulatory barriers to achievement of the plan's goals and |
| 154 | provides recommendations for overcoming those barriers. |
| 155 | (e) An intergovernmental coordination component that |
| 156 | specifies modes and methods to coordinate plan goals and |
| 157 | missions with the missions of the Department of Transportation, |
| 158 | other state agencies, and affected local, general-purpose |
| 159 | governments. |
| 160 |
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| 161 | To the extent feasible, the port master plan must be consistent |
| 162 | with the local government comprehensive plans of the units of |
| 163 | local government in which the port is located. Upon approval of |
| 164 | a plan by the port's board, the plan shall be submitted to the |
| 165 | Florida Seaport Transportation and Economic Development Council. |
| 166 | (4) The Florida Seaport Transportation and Economic |
| 167 | Development Council shall review the master plans submitted by |
| 168 | each port and prioritize strategic needs for inclusion in the |
| 169 | Florida Seaport Mission Plan prepared pursuant to s. 311.09(3). |
| 170 | Section 4. Subsection (1) of section 339.155, Florida |
| 171 | Statutes, is amended to read: |
| 172 | 339.155 Transportation planning.- |
| 173 | (1) THE FLORIDA TRANSPORTATION PLAN.-The department shall |
| 174 | develop and annually update a statewide transportation plan, to |
| 175 | be known as the Florida Transportation Plan. The plan shall be |
| 176 | designed so as to be easily read and understood by the general |
| 177 | public. The plan shall consider the needs of the entire state |
| 178 | transportation system and examine the use of all modes of |
| 179 | transportation to effectively and efficiently meet such needs. |
| 180 | The purpose of the Florida Transportation Plan is to establish |
| 181 | and define the state's long-range transportation goals and |
| 182 | objectives to be accomplished over a period of at least 20 years |
| 183 | within the context of the State Comprehensive Plan, and any |
| 184 | other statutory mandates and authorizations and based upon the |
| 185 | prevailing principles of: |
| 186 | (a) Preserving the existing transportation |
| 187 | infrastructure.; |
| 188 | (b) Enhancing Florida's economic competitiveness.; and |
| 189 | (c) Improving travel choices to ensure mobility. |
| 190 | (d) Expanding the state's role as a hub for trade and |
| 191 | investment. The Florida Transportation Plan shall consider the |
| 192 | needs of the entire state transportation system and examine the |
| 193 | use of all modes of transportation to effectively and |
| 194 | efficiently meet such needs. |
| 195 | Section 5. Subsection (2) of section 339.63, Florida |
| 196 | Statutes, is amended to read: |
| 197 | 339.63 System facilities designated; additions and |
| 198 | deletions.- |
| 199 | (2) The Strategic Intermodal System and the Emerging |
| 200 | Strategic Intermodal System include four three different types |
| 201 | of facilities that each form one component of an interconnected |
| 202 | transportation system which types include: |
| 203 | (a) Existing or planned hubs that are ports and terminals |
| 204 | including airports, seaports, spaceports, passenger terminals, |
| 205 | and rail terminals serving to move goods or people between |
| 206 | Florida regions or between Florida and other markets in the |
| 207 | United States and the rest of the world.; |
| 208 | (b) Existing or planned corridors that are highways, rail |
| 209 | lines, waterways, and other exclusive-use facilities connecting |
| 210 | major markets within Florida or between Florida and other states |
| 211 | or nations.; and |
| 212 | (c) Existing or planned intermodal connectors that are |
| 213 | highways, rail lines, waterways or local public transit systems |
| 214 | serving as connectors between the components listed in |
| 215 | paragraphs (a) and (b). |
| 216 | (d) Existing or planned facilities that significantly |
| 217 | improve the state's competitive position to compete for the |
| 218 | movement of additional goods into and through this state. |
| 219 | Section 6. Subsection (12) is added to section 373.406, |
| 220 | Florida Statutes, to read: |
| 221 | 373.406 Exemptions.-The following exemptions shall apply: |
| 222 | (12) All overwater piers, docks, and similar structures |
| 223 | located in a deepwater port listed in s. 311.09 may not be |
| 224 | considered part of a stormwater management system for which |
| 225 | stormwater treatment from impervious surfaces is required under |
| 226 | this chapter or chapter 403 if the port has a Stormwater |
| 227 | Pollution Prevention Plan pursuant to the National Pollutant |
| 228 | Discharge Elimination System Program, which addresses the |
| 229 | industrial activities conducted on all impervious overwater |
| 230 | piers, docks, and similar structures located in the port. |
| 231 | Section 7. Subsection (8) of section 373.4133, Florida |
| 232 | Statutes, is amended to read: |
| 233 | 373.4133 Port conceptual permits.- |
| 234 | (8) Except as otherwise provided in this section, the |
| 235 | following procedures apply to the approval or denial of an |
| 236 | application for a port conceptual permit or a final permit or |
| 237 | authorization: |
| 238 | (a) Applications for a port conceptual permit, including |
| 239 | any request for the conceptual approval of the use of |
| 240 | sovereignty submerged lands, shall be processed in accordance |
| 241 | with the provisions of ss. 373.427 and 120.60. However, if the |
| 242 | applicant believes that any request for additional information |
| 243 | is not authorized by law or agency rule, the applicant may |
| 244 | request an informal hearing pursuant to s. 120.57(2) before the |
| 245 | Secretary of Environmental Protection to determine whether the |
| 246 | application is complete. |
| 247 | (b) Notwithstanding any other provision of law, the |
| 248 | department shall issue a notice of intent within 30 days after |
| 249 | receipt of an application for a port conceptual permit. Upon |
| 250 | issuance of the department's notice of intent to issue or deny a |
| 251 | port conceptual permit, the applicant shall publish a one-time |
| 252 | notice of such intent, prepared by the department, in the |
| 253 | newspaper with the largest general circulation in the county or |
| 254 | counties where the port is located. |
| 255 | (c) A notice of intent to issue a port conceptual permit |
| 256 | creates a rebuttable presumption that development of the port or |
| 257 | private facilities consistent with the approved port master plan |
| 258 | complies with all applicable standards for issuance of a |
| 259 | conceptual permit, an environmental resource permit, and |
| 260 | sovereign lands authorization pursuant to chapters 161, 253, |
| 261 | 373, and 403. The presumption may be overcome only by clear and |
| 262 | convincing evidence. |
| 263 | (d) Upon issuance and finalization of a port conceptual |
| 264 | permit, and, if necessary, an environmental resource permit or |
| 265 | sovereign lands authorization pursuant to this section, the |
| 266 | department shall notify the United States Army Corps of |
| 267 | Engineers that the applicant is in compliance with all state |
| 268 | water quality and regulatory requirements and shall issue any |
| 269 | requested construction permit within 30 days after receipt of |
| 270 | the request. |
| 271 | (e)(c) Final agency action on a port conceptual permit is |
| 272 | subject to challenge pursuant to ss. 120.569 and 120.57. |
| 273 | However, final agency action to authorize subsequent |
| 274 | construction of facilities contained in a port conceptual permit |
| 275 | may only be challenged by a third party for consistency with the |
| 276 | port conceptual permit. |
| 277 | (f)(d) A person who will be substantially affected by a |
| 278 | final agency action described in paragraph (e) (c) must initiate |
| 279 | administrative proceedings pursuant to ss. 120.569 and 120.57 |
| 280 | within 21 days after the publication of the notice of the |
| 281 | proposed action. If administrative proceedings are requested, |
| 282 | the proceedings are subject to the summary hearing provisions of |
| 283 | s. 120.574. However, if the decision of the administrative law |
| 284 | judge will be a recommended order rather than a final order, a |
| 285 | summary proceeding must be conducted within 90 days after a |
| 286 | party files a motion for summary hearing, regardless of whether |
| 287 | the parties agree to the summary proceeding. |
| 288 | Section 8. Subsection (3) of section 403.813, Florida |
| 289 | Statutes, is amended to read: |
| 290 | 403.813 Permits issued at district centers; exceptions.- |
| 291 | (3) A permit is not required under this chapter, chapter |
| 292 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
| 293 | chapter 25270, 1949, Laws of Florida, for maintenance dredging |
| 294 | conducted under this section by the seaports of Jacksonville, |
| 295 | Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, |
| 296 | Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, |
| 297 | Pensacola, Key West, and Fernandina or by inland navigation |
| 298 | districts if the dredging to be performed is no more than is |
| 299 | necessary to meet the original design specifications or |
| 300 | configurations, the work is conducted in compliance with s. |
| 301 | 379.2431(2)(d), and previously undisturbed natural areas are not |
| 302 | significantly impacted. In addition: |
| 303 | (a) A mixing zone for turbidity is granted within a 150- |
| 304 | meter radius from the point of dredging while dredging is |
| 305 | ongoing, except that the mixing zone may not extend into areas |
| 306 | supporting wetland communities, submerged aquatic vegetation, or |
| 307 | hardbottom communities. |
| 308 | (b) The discharge of the return water from the site used |
| 309 | for the disposal of dredged material shall be allowed only if |
| 310 | such discharge does not result in a violation of water quality |
| 311 | standards in the receiving waters. The return-water discharge |
| 312 | into receiving waters shall be granted a mixing zone for |
| 313 | turbidity within a 150-meter radius from the point of discharge |
| 314 | into the receiving waters during and immediately after the |
| 315 | dredging, except that the mixing zone may not extend into areas |
| 316 | supporting wetland communities, submerged aquatic vegetation, or |
| 317 | hardbottom communities. Ditches, pipes, and similar types of |
| 318 | linear conveyances may not be considered receiving waters for |
| 319 | the purposes of this paragraph. |
| 320 | (c) The state may not exact a charge for material that |
| 321 | this subsection allows a public port or an inland navigation |
| 322 | district to remove. In addition, consent to use any sovereignty |
| 323 | submerged lands pursuant to this section is hereby granted. |
| 324 | (d) The use of flocculants at the site used for disposal |
| 325 | of the dredged material is allowed if the use, including |
| 326 | supporting documentation, is coordinated in advance with the |
| 327 | department and the department has determined that the use is not |
| 328 | harmful to water resources. |
| 329 | (e) If all requirements of the permit are satisfied, the |
| 330 | spoil material may be deposited on a permitted disposal site or |
| 331 | on a self-contained, upland spoil site that will prevent the |
| 332 | escape of the spoil material into the waters of the state. |
| 333 | (f)(e) This subsection does not prohibit maintenance |
| 334 | dredging of areas where the loss of original design function and |
| 335 | constructed configuration has been caused by a storm event, |
| 336 | provided that the dredging is performed as soon as practical |
| 337 | after the storm event. Maintenance dredging that commences |
| 338 | within 3 years after the storm event shall be presumed to |
| 339 | satisfy this provision. If more than 3 years are needed to |
| 340 | commence the maintenance dredging after the storm event, a |
| 341 | request for a specific time extension to perform the maintenance |
| 342 | dredging shall be submitted to the department, prior to the end |
| 343 | of the 3-year period, accompanied by a statement, including |
| 344 | supporting documentation, demonstrating that contractors are not |
| 345 | available or that additional time is needed to obtain |
| 346 | authorization for the maintenance dredging from the United |
| 347 | States Army Corps of Engineers. |
| 348 | Section 9. This act shall take effect July 1, 2011. |