CS/HB 399

1
A bill to be entitled
2An act relating to infrastructure investment; amending s.
320.23, F.S.; requiring the Secretary of Transportation to
4designate duties relating to certain investment
5opportunities and transportation projects to an assistant
6secretary; amending s. 311.09, F.S.; revising requirements
7for the inclusion of certain goals and objectives in the
8Florida Seaport Mission Plan; requiring the Florida
9Seaport Transportation and Economic Development Council to
10develop a priority list of projects and submit the list to
11the Department of Transportation; amending s. 311.14,
12F.S.; requiring certain ports to develop master plans;
13providing criteria for such plans; requiring such plans to
14be consistent with local government comprehensive plans;
15requiring such plans to be submitted to the Florida
16Seaport Transportation and Economic Development Council;
17requiring the Florida Seaport Transportation and Economic
18Development Council to review such plans and include
19related information in the Florida Seaport Mission Plan;
20amending s. 339.155, F.S.; clarifying and revising the
21principles on which the Florida Transportation Plan is
22based; amending s. 339.63, F.S.; adding certain existing
23and planned facilities to the list of facilities included
24in the Strategic Intermodal System and the Emerging
25Strategic Intermodal System; amending s. 373.406, F.S.;
26exempting overwater piers, docks, and structures located
27in deepwater ports from stormwater management system
28requirements under specified conditions; amending s.
29373.4133, F.S.; requiring the Department of Environmental
30Protection to issue a notice of intent for a port
31conceptual permit within a specified time; providing that
32a notice of intent to issue such permit creates a
33rebuttable presumption of compliance with specified
34standards and authorization; providing a standard for
35overcoming such a presumption; requiring the department to
36issue certain permits within a specified time and to
37notify specified entities of certain compliance; amending
38s. 403.813, F.S.; exempting specified seaports and inland
39navigation districts from requirements to conduct
40maintenance dredging under certain conditions; excluding
41ditches, pipes, and similar linear conveyances from
42consideration as receiving waters for the disposal of
43dredged materials; authorizing public ports and inland
44navigation districts to use sovereignty submerged lands in
45connection with maintenance dredging; authorizing the
46disposal of spoil material on specified sites; providing
47an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Paragraph (d) of subsection (1) of section
5220.23, Florida Statutes, is amended to read:
53     20.23  Department of Transportation.-There is created a
54Department of Transportation which shall be a decentralized
55agency.
56     (1)
57     (d)  The secretary may appoint up to three assistant
58secretaries who shall be directly responsible to the secretary
59and who shall perform such duties as are assigned by the
60secretary. The secretary shall designate to an assistant
61secretary the duties related to enhancing economic prosperity,
62including, but not limited to, the responsibility of liaison
63with the head of economic development in the Executive Office of
64the Governor. Such assistant secretary shall be directly
65responsible for providing the Executive Office of the Governor
66with investment opportunities and transportation projects that
67expand the state's role as a global hub for trade and investment
68and enhance the supply chain system in the state to process,
69assemble, and ship goods to markets throughout the eastern
70United States, Canada, the Caribbean, and Latin America. The
71secretary may delegate to any assistant secretary the authority
72to act in the absence of the secretary.
73     Section 2.  Subsection (3) of section 311.09, Florida
74Statutes, is amended to read:
75     311.09  Florida Seaport Transportation and Economic
76Development Council.-
77     (3)  The council shall prepare a 5-year Florida Seaport
78Mission Plan defining the goals and objectives of the council
79concerning the development of port facilities and an intermodal
80transportation system consistent with the goals of the Florida
81Transportation Plan developed pursuant to s. 339.155. The
82Florida Seaport Mission Plan shall include specific
83recommendations for the construction of transportation
84facilities connecting any port to another transportation mode
85and for the efficient, cost-effective development of
86transportation facilities or port facilities for the purpose of
87enhancing international trade, promoting cargo flow, increasing
88cruise passenger movements, increasing port revenues, and
89providing economic benefits to the state. The council shall
90develop a priority list of projects based on these
91recommendations annually and submit the list to the Department
92of Transportation. The council shall update the 5-year Florida
93Seaport Mission Plan annually and shall submit the plan no later
94than February 1 of each year to the President of the Senate; the
95Speaker of the House of Representatives; the Office of Tourism,
96Trade, and Economic Development; the Department of
97Transportation; and the Department of Community Affairs. The
98council shall develop programs, based on an examination of
99existing programs in Florida and other states, for the training
100of minorities and secondary school students in job skills
101associated with employment opportunities in the maritime
102industry, and report on progress and recommendations for further
103action to the President of the Senate and the Speaker of the
104House of Representatives annually.
105     Section 3.  Section 311.14, Florida Statutes, is amended to
106read:
107     311.14  Seaport freight-mobility planning.-
108     (1)  The Florida Seaport Transportation and Economic
109Development Council, in cooperation with the Office of the State
110Public Transportation Administrator within the Department of
111Transportation, shall develop freight-mobility and trade-
112corridor plans to assist in making freight-mobility investments
113that contribute to the economic growth of the state. Such plans
114should enhance the integration and connectivity of the
115transportation system across and between transportation modes
116throughout Florida for people and freight.
117     (2)  The Office of the State Public Transportation
118Administrator shall act to integrate freight-mobility and trade-
119corridor plans into the Florida Transportation Plan developed
120pursuant to s. 339.155 and into the plans and programs of
121metropolitan planning organizations as provided in s. 339.175.
122The office may also provide assistance in expediting the
123transportation permitting process relating to the construction
124of seaport freight-mobility projects located outside the
125physical borders of seaports. The Department of Transportation
126may contract, as provided in s. 334.044, with any port listed in
127s. 311.09(1) or any such other statutorily authorized seaport
128entity to act as an agent in the construction of seaport
129freight-mobility projects.
130     (3)  Each port shall develop a master plan with a 10-year
131horizon. Each plan must include the following:
132     (a)  An economic development component that identifies
133targeted business opportunities for increasing business and
134attracting new business for which a particular facility has a
135strategic advantage over its competitors, identifies financial
136resources and other inducements to encourage growth of existing
137business and acquisition of new business, and provides a
138projected schedule for attainment of the plan's goals.
139     (b)  An infrastructure development and improvement
140component that identifies all projected infrastructure
141improvements within the plan area which require improvement,
142expansion, or development in order for a port to attain a
143strategic advantage for competition with national and
144international competitors.
145     (c)  A component that identifies all intermodal
146transportation facilities, including sea, air, rail, or road
147facilities, which are available or have potential, with
148improvements, to be available for necessary national and
149international commercial linkages and provides a plan for the
150integration of port, airport, and railroad activities with
151existing and planned transportation infrastructure.
152     (d)  A component that identifies physical, environmental,
153and regulatory barriers to achievement of the plan's goals and
154provides recommendations for overcoming those barriers.
155     (e)  An intergovernmental coordination component that
156specifies modes and methods to coordinate plan goals and
157missions with the missions of the Department of Transportation,
158other state agencies, and affected local, general-purpose
159governments.
160
161To the extent feasible, the port master plan must be consistent
162with the local government comprehensive plans of the units of
163local government in which the port is located. Upon approval of
164a plan by the port's board, the plan shall be submitted to the
165Florida Seaport Transportation and Economic Development Council.
166     (4)  The Florida Seaport Transportation and Economic
167Development Council shall review the master plans submitted by
168each port and prioritize strategic needs for inclusion in the
169Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
170     Section 4.  Subsection (1) of section 339.155, Florida
171Statutes, is amended to read:
172     339.155  Transportation planning.-
173     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
174develop and annually update a statewide transportation plan, to
175be known as the Florida Transportation Plan. The plan shall be
176designed so as to be easily read and understood by the general
177public. The plan shall consider the needs of the entire state
178transportation system and examine the use of all modes of
179transportation to effectively and efficiently meet such needs.
180The purpose of the Florida Transportation Plan is to establish
181and define the state's long-range transportation goals and
182objectives to be accomplished over a period of at least 20 years
183within the context of the State Comprehensive Plan, and any
184other statutory mandates and authorizations and based upon the
185prevailing principles of:
186     (a)  Preserving the existing transportation
187infrastructure.;
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
191investment. The Florida Transportation Plan shall consider the
192needs of the entire state transportation system and examine the
193use of all modes of transportation to effectively and
194efficiently meet such needs.
195     Section 5.  Subsection (2) of section 339.63, Florida
196Statutes, is amended to read:
197     339.63  System facilities designated; additions and
198deletions.-
199     (2)  The Strategic Intermodal System and the Emerging
200Strategic Intermodal System include four three different types
201of facilities that each form one component of an interconnected
202transportation system which types include:
203     (a)  Existing or planned hubs that are ports and terminals
204including airports, seaports, spaceports, passenger terminals,
205and rail terminals serving to move goods or people between
206Florida regions or between Florida and other markets in the
207United States and the rest of the world.;
208     (b)  Existing or planned corridors that are highways, rail
209lines, waterways, and other exclusive-use facilities connecting
210major markets within Florida or between Florida and other states
211or nations.; and
212     (c)  Existing or planned intermodal connectors that are
213highways, rail lines, waterways or local public transit systems
214serving as connectors between the components listed in
215paragraphs (a) and (b).
216     (d)  Existing or planned facilities that significantly
217improve the state's competitive position to compete for the
218movement of additional goods into and through this state.
219     Section 6.  Subsection (12) is added to section 373.406,
220Florida Statutes, to read:
221     373.406  Exemptions.-The following exemptions shall apply:
222     (12)  All overwater piers, docks, and similar structures
223located in a deepwater port listed in s. 311.09 may not be
224considered part of a stormwater management system for which
225stormwater treatment from impervious surfaces is required under
226this chapter or chapter 403 if the port has a Stormwater
227Pollution Prevention Plan pursuant to the National Pollutant
228Discharge Elimination System Program, which addresses the
229industrial activities conducted on all impervious overwater
230piers, docks, and similar structures located in the port.
231     Section 7.  Subsection (8) of section 373.4133, Florida
232Statutes, is amended to read:
233     373.4133  Port conceptual permits.-
234     (8)  Except as otherwise provided in this section, the
235following procedures apply to the approval or denial of an
236application for a port conceptual permit or a final permit or
237authorization:
238     (a)  Applications for a port conceptual permit, including
239any request for the conceptual approval of the use of
240sovereignty submerged lands, shall be processed in accordance
241with the provisions of ss. 373.427 and 120.60. However, if the
242applicant believes that any request for additional information
243is not authorized by law or agency rule, the applicant may
244request an informal hearing pursuant to s. 120.57(2) before the
245Secretary of Environmental Protection to determine whether the
246application is complete.
247     (b)  Notwithstanding any other provision of law, the
248department shall issue a notice of intent within 30 days after
249receipt of an application for a port conceptual permit. Upon
250issuance of the department's notice of intent to issue or deny a
251port conceptual permit, the applicant shall publish a one-time
252notice of such intent, prepared by the department, in the
253newspaper with the largest general circulation in the county or
254counties where the port is located.
255     (c)  A notice of intent to issue a port conceptual permit
256creates a rebuttable presumption that development of the port or
257private facilities consistent with the approved port master plan
258complies with all applicable standards for issuance of a
259conceptual permit, an environmental resource permit, and
260sovereign lands authorization pursuant to chapters 161, 253,
261373, and 403. The presumption may be overcome only by clear and
262convincing evidence.
263     (d)  Upon issuance and finalization of a port conceptual
264permit, and, if necessary, an environmental resource permit or
265sovereign lands authorization pursuant to this section, the
266department shall notify the United States Army Corps of
267Engineers that the applicant is in compliance with all state
268water quality and regulatory requirements and shall issue any
269requested construction permit within 30 days after receipt of
270the request.
271     (e)(c)  Final agency action on a port conceptual permit is
272subject to challenge pursuant to ss. 120.569 and 120.57.
273However, final agency action to authorize subsequent
274construction of facilities contained in a port conceptual permit
275may only be challenged by a third party for consistency with the
276port conceptual permit.
277     (f)(d)  A person who will be substantially affected by a
278final agency action described in paragraph (e) (c) must initiate
279administrative proceedings pursuant to ss. 120.569 and 120.57
280within 21 days after the publication of the notice of the
281proposed action. If administrative proceedings are requested,
282the proceedings are subject to the summary hearing provisions of
283s. 120.574. However, if the decision of the administrative law
284judge will be a recommended order rather than a final order, a
285summary proceeding must be conducted within 90 days after a
286party files a motion for summary hearing, regardless of whether
287the parties agree to the summary proceeding.
288     Section 8.  Subsection (3) of section 403.813, Florida
289Statutes, is amended to read:
290     403.813  Permits issued at district centers; exceptions.-
291     (3)  A permit is not required under this chapter, chapter
292373, chapter 61-691, Laws of Florida, or chapter 25214 or
293chapter 25270, 1949, Laws of Florida, for maintenance dredging
294conducted under this section by the seaports of Jacksonville,
295Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
296Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
297Pensacola, Key West, and Fernandina or by inland navigation
298districts if the dredging to be performed is no more than is
299necessary to meet the original design specifications or
300configurations, the work is conducted in compliance with s.
301379.2431(2)(d), and previously undisturbed natural areas are not
302significantly impacted. In addition:
303     (a)  A mixing zone for turbidity is granted within a 150-
304meter radius from the point of dredging while dredging is
305ongoing, except that the mixing zone may not extend into areas
306supporting wetland communities, submerged aquatic vegetation, or
307hardbottom communities.
308     (b)  The discharge of the return water from the site used
309for the disposal of dredged material shall be allowed only if
310such discharge does not result in a violation of water quality
311standards in the receiving waters. The return-water discharge
312into receiving waters shall be granted a mixing zone for
313turbidity within a 150-meter radius from the point of discharge
314into the receiving waters during and immediately after the
315dredging, except that the mixing zone may not extend into areas
316supporting wetland communities, submerged aquatic vegetation, or
317hardbottom communities. Ditches, pipes, and similar types of
318linear conveyances may not be considered receiving waters for
319the purposes of this paragraph.
320     (c)  The state may not exact a charge for material that
321this subsection allows a public port or an inland navigation
322district to remove. In addition, consent to use any sovereignty
323submerged lands pursuant to this section is hereby granted.
324     (d)  The use of flocculants at the site used for disposal
325of the dredged material is allowed if the use, including
326supporting documentation, is coordinated in advance with the
327department and the department has determined that the use is not
328harmful to water resources.
329     (e)  If all requirements of the permit are satisfied, the
330spoil material may be deposited on a permitted disposal site or
331on a self-contained, upland spoil site that will prevent the
332escape of the spoil material into the waters of the state.
333     (f)(e)  This subsection does not prohibit maintenance
334dredging of areas where the loss of original design function and
335constructed configuration has been caused by a storm event,
336provided that the dredging is performed as soon as practical
337after the storm event. Maintenance dredging that commences
338within 3 years after the storm event shall be presumed to
339satisfy this provision. If more than 3 years are needed to
340commence the maintenance dredging after the storm event, a
341request for a specific time extension to perform the maintenance
342dredging shall be submitted to the department, prior to the end
343of the 3-year period, accompanied by a statement, including
344supporting documentation, demonstrating that contractors are not
345available or that additional time is needed to obtain
346authorization for the maintenance dredging from the United
347States Army Corps of Engineers.
348     Section 9.  This act shall take effect July 1, 2011.


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