Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 426
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2021           .                                

       The Committee on Rules (Boyd) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 112 - 158
    4  and insert:
    5         (b)Any local ballot initiative or referendum that is in
    6  conflict with paragraph (a) and that was adopted before, on, or
    7  after the effective date of this act, and any local law, charter
    8  amendment, ordinance, resolution, regulation, or policy adopted
    9  in such an initiative or referendum, is prohibited, void, and
   10  expressly preempted to the state.
   11         (2)(a)A local government or a political subdivision or
   12  special district thereof may not restrict maritime commerce in
   13  any seaport of this state located in or adjoining an area
   14  designated as an area of critical state concern before, on, or
   15  after the effective date of this act with respect to any
   16  federally authorized passenger cruise vessel, including, but not
   17  limited to, a restriction based on any of the following:
   18         1.Vessel type, size, number, or capacity, except when the
   19  port, by virtue of the physical limitations of its docking,
   20  berthing, or navigational capabilities, is unable to accommodate
   21  a passenger cruise vessel pursuant to applicable federal or
   22  state laws or regulations.
   23         2.Number, origin, nationality, embarkation, or
   24  disembarkation of passengers or crew or their entry into this
   25  state or any local jurisdiction.
   26         3.Source, type, loading, or unloading of cargo related or
   27  incidental to its use as a passenger cruise vessel.
   28         4.Environmental or health records of a particular
   29  passenger cruise vessel or cruise line.
   30         (b)Any provision of a local law, a charter, an ordinance,
   31  a resolution, a regulation, a policy, an initiative, or a
   32  referendum which is in conflict with paragraph (a) and which
   33  existed before, on, or after the effective date of this act is
   34  prohibited, void, and expressly preempted to the state.
   35         (c)This subsection does not apply to a special district
   36  established for port management by special act of the
   37  Legislature.
   38         (d)Except as provided in paragraph (a), this subsection
   39  does not otherwise limit the authority of a subject local
   40  government or a political subdivision or special district
   41  thereof to:
   42         1.Engage in any activity authorized under this chapter,
   43  chapter 315, s. 313.22, or s. 313.23, including those
   44  surrounding the continued operation and development of the port
   45  and port facilities and the implementation of seaport security
   46  measures pursuant to ss. 311.12-311.124.
   47         2.Issue and enforce tariffs properly filed with the
   48  Federal Maritime Commission.
   49         3.Enter into leases, terminal agreements, or other
   50  contracts with tenants, customers, and other users of port
   51  facilities.
   52         Section 2. If any provision of this act or its application
   53  to any person or circumstance is held invalid, the invalidity
   54  does not affect other provisions or applications of this act
   55  which can be given effect without the invalid provision or
   56  application, and to this end the provisions of this act are
   57  severable.
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 9 - 94
   62  and insert:
   63         prohibiting local governments and their political
   64         subdivisions and special districts from restricting
   65         maritime commerce in a seaport located in or adjoining
   66         an area of critical state concern with respect to any
   67         federally authorized passenger cruise vessel;
   68         providing that certain actions relating to such
   69         restrictions are prohibited, void, and expressly
   70         preempted to the state; providing applicability;
   71         clarifying remaining authority of certain local
   72         entities; providing for severability; providing a
   73         directive to the Division of Law Revision; providing
   74         an effective date.
   76         WHEREAS, maritime commerce between and among seaports, both
   77  foreign and domestic, is the subject of extensive federal and
   78  state regulation designed to protect the marine environment and
   79  the health, safety, and welfare of the general public and those
   80  involved in conducting that commerce, and
   81         WHEREAS, the economic impact of a seaport extends far
   82  beyond the boundaries of the local jurisdiction in which the
   83  port is located, materially contributing to the economies of
   84  multiple cities and counties within the region and to the
   85  economy of this state as a whole, and
   86         WHEREAS, Florida seaports currently generate nearly 900,000
   87  direct and indirect jobs and contribute $117.6 billion in
   88  economic value to this state through cargo and cruise
   89  activities, accounting for approximately 13 percent of this
   90  state’s gross domestic product and $4.2 billion in state and
   91  local taxes, and
   92         WHEREAS, because this state is a peninsula, much of this
   93  state is highly dependent upon the unimpeded flow of maritime
   94  commerce through its seaports, which is made even more critical
   95  when this state is threatened or impacted by natural disasters,
   96  such as tropical storms and hurricanes, and
   97         WHEREAS, because of its geographic location, this state is
   98  a hub for global maritime commerce and is uniquely positioned to
   99  capture an even larger share of this commerce as global trade
  100  routes shift, and
  101         WHEREAS, the international, national, statewide, and
  102  regional importance of Florida seaports has long been recognized
  103  in federal and state law with respect to the regulation,
  104  planning, and public financing of seaport operations and
  105  facilities, and
  106         WHEREAS, this state is widely known as the cruise capital
  107  of the world, and the cruise industry is vital to this state’s
  108  economy, contributing more than $9 billion in direct spending on
  109  an annual basis and supporting 159,000 jobs with more than $8
  110  billion in total wages and salaries before the current pandemic,
  111  and
  112         WHEREAS, 8.3 million passengers boarded cruises from one of
  113  this state’s five cruise ports in 2019, accounting for 60
  114  percent of embarkations in the United States, generating 11
  115  million passenger and crew onshore visits in both home port and
  116  transit port calls in this state, and
  117         WHEREAS, allowing a ballot initiative or referendum in each
  118  local seaport jurisdiction to impose its own requirements on the
  119  maritime commerce conducted in that port could result in abrupt
  120  changes in the supply lines bringing goods into and out of this
  121  state and could reasonably be expected to suppress such commerce
  122  and potentially drive it out of the port and out of this state
  123  in search of a more consistent and predictable operating
  124  environment, thus disrupting this state’s economy and
  125  threatening the public’s health, safety, and welfare, and
  126         WHEREAS, allowing a ballot initiative or referendum in each
  127  local seaport jurisdiction to impose its own requirements on the
  128  maritime commerce conducted in that port could result in abrupt
  129  changes in vessel traffic, frustrating the multiyear planning
  130  process for all Florida seaports and the assumptions and
  131  forecasts underlying federal and state financing of port
  132  improvement projects, and
  133         WHEREAS, this state must establish land and water
  134  management policies to guide local decisions relating to growth
  135  and development, protecting and optimizing the use of this
  136  state’s natural resources and environment while also preserving
  137  private property rights and advancing the health, safety, and
  138  welfare of the residents of this state, and
  139         WHEREAS, the need for specific guidance and oversight in
  140  the balancing of all of these interests, including the state’s
  141  interest in fostering tourism, is even more acute in areas of
  142  critical state concern designated under part I of chapter 380,
  143  which help protect significant environmental, natural, or other
  144  resources of regional or statewide importance from uncoordinated
  145  development, and
  146         WHEREAS, areas of critical state concern generate tourism
  147  from both the residents of this state and visitors to this
  148  state, allowing them to directly experience and learn about
  149  these unique areas and generating additional tourism in the
  150  broader region and the state, and
  151         WHEREAS, passenger cruise vessels allow for increased
  152  tourism in areas of critical state concern while avoiding many
  153  of the environmental impacts that would otherwise be generated
  154  by land-based tourism with respect to transportation, utility,
  155  wastewater, and other infrastructure, and
  156         WHEREAS, the necessary constraints on development in areas
  157  of critical state concern may increase the cost of land-based
  158  tourism to such a degree that many people and families may find
  159  themselves financially unable to visit these areas, and the
  160  local workforce may find it more difficult to secure affordable
  161  housing, and
  162         WHEREAS, when considering local requirements that would
  163  restrict cruise tourism in an area of critical state concern,
  164  the more limited geographic and political scope of a local
  165  government may make it less sensitive to the negative impact of
  166  those requirements on neighboring jurisdictions and on the
  167  region and the state, and
  168         WHEREAS, many local and regional economies in this state
  169  rely heavily on tourism, and the surrounding politics can be
  170  particularly complex at a local level, significantly heightening
  171  concerns over the ability of a local government to impose
  172  requirements that would restrict cruise tourism, and
  173         WHEREAS, in light of the matters of regional and statewide
  174  concern directly and indirectly affected by such actions, a
  175  local government with jurisdiction over a seaport located in or
  176  adjoining an area of critical state concern should not be
  177  permitted to impose its own requirements that would restrict
  178  maritime commerce with respect to federally authorized passenger
  179  cruise vessels, and
  180         WHEREAS, due to the potential negative impacts, the
  181  permissible scope of local ballot initiatives or referendums and
  182  of the powers of certain local governments in areas of critical
  183  state concern must be appropriately limited, NOW, THEREFORE,