CS/CS/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 strategic 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 approve or deny an application for a port
31conceptual permit within a specified time; providing a
32limitation for the request of additional information from
33an applicant by the department; providing that failure of
34an applicant to respond to such a request within a
35specified time constitutes withdrawal of the application;
36providing that a third party who challenge the issuance of
37a port conceptual permit has the burden of ultimate
38persuasion and the burden of going forward with evidence;
39amending s. 403.813, F.S.; exempting specified seaports
40and inland navigation districts from requirements to
41conduct maintenance dredging under certain conditions;
42excluding ditches, pipes, and similar linear conveyances
43from consideration as receiving waters for the disposal of
44dredged materials; authorizing public ports and inland
45navigation districts to use sovereignty submerged lands in
46connection with maintenance dredging; authorizing the
47disposal of spoil material on specified sites; providing
48an exemption from permitting requirements for sites that
49meet specified criteria; requiring notice to the
50Department of Environmental Protection of intent to use
51the exemption; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Paragraph (d) of subsection (1) of section
5620.23, Florida Statutes, is amended to read:
57     20.23  Department of Transportation.-There is created a
58Department of Transportation which shall be a decentralized
59agency.
60     (1)
61     (d)  The secretary may appoint up to three assistant
62secretaries who shall be directly responsible to the secretary
63and who shall perform such duties as are assigned by the
64secretary. The secretary shall designate to an assistant
65secretary the duties related to enhancing economic prosperity,
66including, but not limited to, the responsibility of liaison
67with the head of economic development in the Executive Office of
68the Governor. Such assistant secretary shall be directly
69responsible for providing the Executive Office of the Governor
70with investment opportunities and transportation projects that
71expand the state's role as a global hub for trade and investment
72and enhance the supply chain system in the state to process,
73assemble, and ship goods to markets throughout the eastern
74United States, Canada, the Caribbean, and Latin America. The
75secretary may delegate to any assistant secretary the authority
76to act in the absence of the secretary.
77     Section 2.  Subsection (3) of section 311.09, Florida
78Statutes, is amended to read:
79     311.09  Florida Seaport Transportation and Economic
80Development Council.-
81     (3)  The council shall prepare a 5-year Florida Seaport
82Mission Plan defining the goals and objectives of the council
83concerning the development of port facilities and an intermodal
84transportation system consistent with the goals of the Florida
85Transportation Plan developed pursuant to s. 339.155. The
86Florida Seaport Mission Plan shall include specific
87recommendations for the construction of transportation
88facilities connecting any port to another transportation mode
89and for the efficient, cost-effective development of
90transportation facilities or port facilities for the purpose of
91enhancing international trade, promoting cargo flow, increasing
92cruise passenger movements, increasing port revenues, and
93providing economic benefits to the state. The council shall
94develop a priority list of projects based on these
95recommendations annually and submit the list to the Department
96of Transportation. The council shall update the 5-year Florida
97Seaport Mission Plan annually and shall submit the plan no later
98than February 1 of each year to the President of the Senate; the
99Speaker of the House of Representatives; the Office of Tourism,
100Trade, and Economic Development; the Department of
101Transportation; and the Department of Community Affairs. The
102council shall develop programs, based on an examination of
103existing programs in Florida and other states, for the training
104of minorities and secondary school students in job skills
105associated with employment opportunities in the maritime
106industry, and report on progress and recommendations for further
107action to the President of the Senate and the Speaker of the
108House of Representatives annually.
109     Section 3.  Section 311.14, Florida Statutes, is amended to
110read:
111     311.14  Seaport freight-mobility planning.-
112     (1)  The Florida Seaport Transportation and Economic
113Development Council, in cooperation with the Office of the State
114Public Transportation Administrator within the Department of
115Transportation, shall develop freight-mobility and trade-
116corridor plans to assist in making freight-mobility investments
117that contribute to the economic growth of the state. Such plans
118should enhance the integration and connectivity of the
119transportation system across and between transportation modes
120throughout Florida for people and freight.
121     (2)  The Office of the State Public Transportation
122Administrator shall act to integrate freight-mobility and trade-
123corridor plans into the Florida Transportation Plan developed
124pursuant to s. 339.155 and into the plans and programs of
125metropolitan planning organizations as provided in s. 339.175.
126The office may also provide assistance in expediting the
127transportation permitting process relating to the construction
128of seaport freight-mobility projects located outside the
129physical borders of seaports. The Department of Transportation
130may contract, as provided in s. 334.044, with any port listed in
131s. 311.09(1) or any such other statutorily authorized seaport
132entity to act as an agent in the construction of seaport
133freight-mobility projects.
134     (3)  Each port shall develop a strategic plan with a 10-
135year horizon. Each plan must include the following:
136     (a)  An economic development component that identifies
137targeted business opportunities for increasing business and
138attracting new business for which a particular facility has a
139strategic advantage over its competitors, identifies financial
140resources and other inducements to encourage growth of existing
141business and acquisition of new business, and provides a
142projected schedule for attainment of the plan's goals.
143     (b)  An infrastructure development and improvement
144component that identifies all projected infrastructure
145improvements within the plan area which require improvement,
146expansion, or development in order for a port to attain a
147strategic advantage for competition with national and
148international competitors.
149     (c)  A component that identifies all intermodal
150transportation facilities, including sea, air, rail, or road
151facilities, which are available or have potential, with
152improvements, to be available for necessary national and
153international commercial linkages and provides a plan for the
154integration of port, airport, and railroad activities with
155existing and planned transportation infrastructure.
156     (d)  A component that identifies physical, environmental,
157and regulatory barriers to achievement of the plan's goals and
158provides recommendations for overcoming those barriers.
159     (e)  An intergovernmental coordination component that
160specifies modes and methods to coordinate plan goals and
161missions with the missions of the Department of Transportation,
162other state agencies, and affected local, general-purpose
163governments.
164
165To the extent feasible, the port strategic plan must be
166consistent with the local government comprehensive plans of the
167units of local government in which the port is located. Upon
168approval of a plan by the port's board, the plan shall be
169submitted to the Florida Seaport Transportation and Economic
170Development Council.
171     (4)  The Florida Seaport Transportation and Economic
172Development Council shall review the strategic plans submitted
173by each port and prioritize strategic needs for inclusion in the
174Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
175     Section 4.  Subsection (1) of section 339.155, Florida
176Statutes, is amended to read:
177     339.155  Transportation planning.-
178     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
179develop and annually update a statewide transportation plan, to
180be known as the Florida Transportation Plan. The plan shall be
181designed so as to be easily read and understood by the general
182public. The plan shall consider the needs of the entire state
183transportation system and examine the use of all modes of
184transportation to effectively and efficiently meet such needs.
185The purpose of the Florida Transportation Plan is to establish
186and define the state's long-range transportation goals and
187objectives to be accomplished over a period of at least 20 years
188within the context of the State Comprehensive Plan, and any
189other statutory mandates and authorizations and based upon the
190prevailing principles of:
191     (a)  Preserving the existing transportation
192infrastructure.;
193     (b)  Enhancing Florida's economic competitiveness.; and
194     (c)  Improving travel choices to ensure mobility.
195     (d)  Expanding the state's role as a hub for trade and
196investment. The Florida Transportation Plan shall consider the
197needs of the entire state transportation system and examine the
198use of all modes of transportation to effectively and
199efficiently meet such needs.
200     Section 5.  Subsection (2) of section 339.63, Florida
201Statutes, is amended to read:
202     339.63  System facilities designated; additions and
203deletions.-
204     (2)  The Strategic Intermodal System and the Emerging
205Strategic Intermodal System include four three different types
206of facilities that each form one component of an interconnected
207transportation system which types include:
208     (a)  Existing or planned hubs that are ports and terminals
209including airports, seaports, spaceports, passenger terminals,
210and rail terminals serving to move goods or people between
211Florida regions or between Florida and other markets in the
212United States and the rest of the world.;
213     (b)  Existing or planned corridors that are highways, rail
214lines, waterways, and other exclusive-use facilities connecting
215major markets within Florida or between Florida and other states
216or nations.; and
217     (c)  Existing or planned intermodal connectors that are
218highways, rail lines, waterways or local public transit systems
219serving as connectors between the components listed in
220paragraphs (a) and (b).
221     (d)  Existing or planned facilities that significantly
222improve the state's competitive position to compete for the
223movement of additional goods into and through this state.
224     Section 6.  Subsection (12) is added to section 373.406,
225Florida Statutes, to read:
226     373.406  Exemptions.-The following exemptions shall apply:
227     (12)  An overwater pier, dock, or a similar structure
228located in a deepwater port listed in s. 311.09 is not
229considered to be part of a stormwater management system for
230which this chapter or chapter 403 requires stormwater from
231impervious surfaces to be treated if:
232     (a)  The port has a stormwater pollution prevention plan
233for industrial activities pursuant to the National Pollutant
234Discharge Elimination System Program; and
235     (b)  The stormwater pollution prevention plan also provides
236similar pollution prevention measures for other activities that
237are not subject to the National Pollutant Discharge Elimination
238System Program and that occur on the port's overwater piers,
239docks, and similar structures.
240     Section 7.  Paragraph (a) of subsection (8) of section
241373.4133, Florida Statutes, is amended to read:
242     373.4133  Port conceptual permits.-
243     (8)  Except as otherwise provided in this section, the
244following procedures apply to the approval or denial of an
245application for a port conceptual permit or a final permit or
246authorization:
247     (a)  Applications for a port conceptual permit, including
248any request for the conceptual approval of the use of
249sovereignty submerged lands, shall be processed in accordance
250with the provisions of ss. 373.427 and 120.60, with the
251following exceptions:.
252     1.  An application for a port conceptual permit, and any
253applications for subsequent construction contained in a port
254conceptual permit, must be approved or denied within 60 days
255after receipt of a completed application.
256     2.  The department may request additional information no
257more than twice, unless the applicant waives this limitation in
258writing. If the applicant does not provide a response to the
259second request for additional information within 90 days or
260another time period mutually agreed upon between the applicant
261and department, the application shall be considered withdrawn.
262However,
263     3.  If the applicant believes that any request for
264additional information is not authorized by law or agency rule,
265the applicant may request an informal hearing pursuant to s.
266120.57(2) before the Secretary of Environmental Protection to
267determine whether the application is complete.
268     4.  If a third party petitions to challenge the issuance of
269a port conceptual permit by the department, the petitioner
270initiating the action has the burden of ultimate persuasion and,
271in the first instance, has the burden of going forward with the
272evidence.
273     Section 8.  Subsection (3) of section 403.813, Florida
274Statutes, is amended to read:
275     403.813  Permits issued at district centers; exceptions.-
276     (3)  A permit is not required under this chapter, chapter
277373, chapter 61-691, Laws of Florida, or chapter 25214 or
278chapter 25270, 1949, Laws of Florida, for maintenance dredging
279conducted under this section by the seaports of Jacksonville,
280Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
281Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
282Pensacola, Key West, and Fernandina or by inland navigation
283districts if the dredging to be performed is no more than is
284necessary to restore previously dredged areas to original design
285specifications or configurations, previously undisturbed natural
286areas are not significantly impacted, and the work conducted
287does not violate the protections for manatees under s.
288379.2431(2)(d). In addition:
289     (a)  A mixing zone for turbidity is granted within a 150-
290meter radius from the point of dredging while dredging is
291ongoing, except that the mixing zone may not extend into areas
292supporting wetland communities, submerged aquatic vegetation, or
293hardbottom communities.
294     (b)  The discharge of the return water from the site used
295for the disposal of dredged material shall be allowed only if
296such discharge does not result in a violation of water quality
297standards in the receiving waters. The return-water discharge
298into receiving waters shall be granted a mixing zone for
299turbidity within a 150-meter radius from the point of discharge
300into the receiving waters during and immediately after the
301dredging, except that the mixing zone may not extend into areas
302supporting wetland communities, submerged aquatic vegetation, or
303hardbottom communities. Ditches, pipes, and similar types of
304linear conveyances may not be considered receiving waters for
305the purposes of this paragraph.
306     (c)  The state may not exact a charge for material that
307this subsection allows a public port or an inland navigation
308district to remove. In addition, consent to use any sovereignty
309submerged lands pursuant to this section is hereby granted.
310     (d)  The use of flocculants at the site used for disposal
311of the dredged material is allowed if the use, including
312supporting documentation, is coordinated in advance with the
313department and the department has determined that the use is not
314harmful to water resources.
315     (e)  The spoil material from maintenance dredging may be
316deposited in a self-contained, upland disposal site. The site is
317not required to be permitted if:
318     1.  The site exists as of January 1, 2011;
319     2.  A professional engineer certifies that the site has
320been designed in accordance with generally accepted engineering
321standards for such disposal sites;
322     3.  The site has adequate capacity to receive and retain
323the dredged material; and
324     4.  The site has operating and maintenance procedures
325established that allow for discharge of return flow of water and
326to prevent the escape of the spoil material into the waters of
327the state.
328     (f)  The department must be notified at least 30 days
329before the commencement of maintenance dredging. The notice
330shall include, if applicable, the professional engineer
331certification required by paragraph (e).
332     (g)(e)  This subsection does not prohibit maintenance
333dredging of areas where the loss of original design function and
334constructed configuration has been caused by a storm event,
335provided that the dredging is performed as soon as practical
336after the storm event. Maintenance dredging that commences
337within 3 years after the storm event shall be presumed to
338satisfy this provision. If more than 3 years are needed to
339commence the maintenance dredging after the storm event, a
340request for a specific time extension to perform the maintenance
341dredging shall be submitted to the department, prior to the end
342of the 3-year period, accompanied by a statement, including
343supporting documentation, demonstrating that contractors are not
344available or that additional time is needed to obtain
345authorization for the maintenance dredging from the United
346States Army Corps of Engineers.
347     Section 9.  This act shall take effect July 1, 2011.


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