Florida Senate - 2022 SB 1038 By Senator Perry 8-01092-22 20221038__ 1 A bill to be entitled 2 An act relating to the Florida Seaport Transportation 3 and Economic Development Council; amending s. 311.09, 4 F.S.; revising the membership of the Florida Seaport 5 Transportation and Economic Development Council to 6 include a representative of Putnam County; authorizing 7 Putnam County to apply for a grant for a port 8 feasibility study through the Florida Seaport 9 Transportation and Economic Development Council; 10 providing for the evaluation of the application; 11 requiring the Department of Transportation to include 12 the study in its budget request under certain 13 circumstances; terminating the membership of Putnam 14 County on the council under certain circumstances; 15 reenacting ss. 163.3178(2)(k), (5), and (6), 16 189.068(6), 311.07(1) and (3)(a) and (b), 311.091, 17 311.10(1) and (2), 311.101(2), 311.12(2)(a), (3), and 18 (6)(a), 311.121(2) and (3)(a), 311.14(1), 315.18, 19 320.20(3) and (4), 334.27(1), 337.14(7), 373.406(12), 20 373.4133(2) and (10), 373.4136(6)(d), and 403.061(38) 21 and (39), F.S., relating to coastal management, the 22 oversight of deepwater ports, Florida seaport 23 transportation and economic development funding, entry 24 into public-private infrastructure project agreements 25 for port-related public infrastructure projects, the 26 Strategic Port Investment Initiative within the 27 department, the Intermodal Logistics Center 28 Infrastructure Support Program, seaport security, 29 licensed security officers at Florida seaports, 30 seaport planning, the confidentiality of certain 31 records held by deepwater ports, the disposition of 32 license tax moneys, the definition of the term 33 “governmental transportation entity,” seaport 34 contractor services, exemptions for overwater piers, 35 docks, or similar structures in deepwater ports, port 36 conceptual permits, the authorized use of mitigation 37 banks, and the duties of the Department of 38 Environmental Protection in providing environmental 39 resource permits, respectively, to incorporate the 40 amendment made to s. 311.09, F.S., in references 41 thereto; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsection (1) of section 311.09, Florida 46 Statutes, is amended, and subsection (13) is added to that 47 section, to read: 48 311.09 Florida Seaport Transportation and Economic 49 Development Council.— 50 (1) The Florida Seaport Transportation and Economic 51 Development Council is created within the Department of 52 Transportation. The council consists of the following 18
1753 members: the port director, or the port director’s designee, of 54 each of the ports of Jacksonville, Port Canaveral, Port Citrus, 55 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 56 St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 57 Pensacola, Key West, and Fernandina; the secretary of the 58 Department of Transportation or his or her designee; and the 59 secretary of the Department of Economic Opportunity or his or 60 her designee. 61 (13) Until July 1, 2024, Putnam County may apply for a 62 grant through the Florida Seaport Transportation and Economic 63 Development Council to perform a feasibility study regarding the 64 establishment of a port in Putnam County. The council shall 65 evaluate the grant application pursuant to subsections (5)–(9) 66 and, if approved, the Department of Transportation must include 67 the feasibility study in its budget request pursuant to 68 subsection (9). If the study determines that a port in Putnam 69 County is not feasible, the membership of Putnam County on the 70 council must terminate. 71 Section 2. For the purpose of incorporating the amendment 72 made by this act to section 311.09, Florida Statutes, in 73 references thereto, paragraph (k) of subsection (2) and 74 subsections (5) and (6) of section 163.3178, Florida Statutes, 75 are reenacted to read: 76 163.3178 Coastal management.— 77 (2) Each coastal management element required by s. 78 163.3177(6)(g) shall be based on studies, surveys, and data; be 79 consistent with coastal resource plans prepared and adopted 80 pursuant to general or special law; and contain: 81 (k) A component which includes the comprehensive master 82 plan prepared by each deepwater port listed in s. 311.09(1), 83 which addresses existing port facilities and any proposed 84 expansions, and which adequately addresses the applicable 85 requirements of paragraphs (a)-(k) for areas within the port and 86 proposed expansion areas. Such component shall be submitted to 87 the appropriate local government at least 6 months prior to the 88 due date of the local plan and shall be integrated with, and 89 shall meet all criteria specified in, the coastal management 90 element. “The appropriate local government” means the 91 municipality having the responsibility for the area in which the 92 deepwater port lies, except that where no municipality has 93 responsibility, where a municipality and a county each have 94 responsibility, or where two or more municipalities each have 95 responsibility for the area in which the deepwater port lies, 96 “the appropriate local government” means the county which has 97 responsibility for the area in which the deepwater port lies. 98 Failure by a deepwater port which is not part of a local 99 government to submit its component to the appropriate local 100 government shall not result in a local government being subject 101 to sanctions pursuant to s. 163.3184. However, a deepwater port 102 which is not part of a local government shall be subject to 103 sanctions pursuant to s. 163.3184. 104 (5) The appropriate dispute resolution process provided 105 under s. 186.509 must be used to reconcile inconsistencies 106 between port master plans and local comprehensive plans. In 107 recognition of the state’s commitment to deepwater ports, the 108 state comprehensive plan must include goals, objectives, and 109 policies that establish a statewide strategy for enhancement of 110 existing deepwater ports, ensuring that priority is given to 111 water-dependent land uses. As an incentive for promoting plan 112 consistency, port facilities as defined in s. 315.02(6) on lands 113 owned or controlled by a deepwater port as defined in s. 114 311.09(1), as of the effective date of this act shall not be 115 subject to development-of-regional-impact review provided the 116 port either successfully completes an alternative comprehensive 117 development agreement with a local government pursuant to ss. 118 163.3220-163.3243 or successfully enters into a development 119 agreement with the state land planning agency and applicable 120 local government pursuant to s. 380.032 or, where the port is a 121 department of a local government, successfully enters into a 122 development agreement with the state land planning agency 123 pursuant to s. 380.032. Port facilities as defined in s. 124 315.02(6) on lands not owned or controlled by a deepwater port 125 as defined in s. 311.09(1) as of the effective date of this act 126 shall not be subject to development-of-regional-impact review 127 provided the port successfully enters into a development 128 agreement with the state land planning agency and applicable 129 local government pursuant to s. 380.032 or, where the port is a 130 department of a local government, successfully enters into a 131 development agreement with the state land planning agency 132 pursuant to s. 380.032. 133 (6) Each port listed in s. 311.09(1) and each local 134 government in the coastal area which has spoil disposal 135 responsibilities shall provide for or identify disposal sites 136 for dredged materials in the future land use and port elements 137 of the local comprehensive plan as needed to assure proper long 138 term management of material dredged from navigation channels, 139 sufficient long-range disposal capacity, environmental 140 sensitivity and compatibility, and reasonable cost and 141 transportation. The disposal site selection criteria shall be 142 developed in consultation with navigation and inlet districts 143 and other appropriate state and federal agencies and the public. 144 For areas owned or controlled by ports listed in s. 311.09(1) 145 and proposed port expansion areas, compliance with the 146 provisions of this subsection shall be achieved through 147 comprehensive master plans prepared by each port and integrated 148 with the appropriate local plan pursuant to paragraph (2)(k). 149 Section 3. For the purpose of incorporating the amendment 150 made by this act to section 311.09, Florida Statutes, in a 151 reference thereto, subsection (6) of section 189.068, Florida 152 Statutes, is reenacted to read: 153 189.068 Special districts; authority for oversight; general 154 oversight review process.— 155 (6) This section does not apply to a deepwater port listed 156 in s. 311.09(1) which is in compliance with a port master plan 157 adopted pursuant to s. 163.3178(2)(k), or to an airport 158 authority operating in compliance with an airport master plan 159 approved by the Federal Aviation Administration, or to any 160 special district organized to operate health systems and 161 facilities licensed under chapter 395, chapter 400, or chapter 162 429. 163 Section 4. For the purpose of incorporating the amendment 164 made by this act to section 311.09, Florida Statutes, in 165 references thereto, subsection (1) and paragraphs (a) and (b) of 166 subsection (3) of section 311.07, Florida Statutes, are 167 reenacted to read: 168 311.07 Florida seaport transportation and economic 169 development funding.— 170 (1) There is created the Florida Seaport Transportation and 171 Economic Development Program within the Department of 172 Transportation to finance port transportation or port facilities 173 projects that will improve the movement and intermodal 174 transportation of cargo or passengers in commerce and trade and 175 support the interests, purposes, and requirements of all ports 176 listed in s. 311.09. 177 (3)(a) Florida Seaport Transportation and Economic 178 Development Program funds shall be used to fund approved 179 projects on a 50-50 matching basis with any of the deepwater 180 ports, as listed in s. 311.09, which is governed by a public 181 body or any other deepwater port which is governed by a public 182 body and which complies with the water quality provisions of s. 183 403.061, the comprehensive master plan requirements of s. 184 163.3178(2)(k), and the local financial management and reporting 185 provisions of part III of chapter 218. However, program funds 186 used to fund projects that involve the rehabilitation of 187 wharves, docks, berths, bulkheads, or similar structures shall 188 require a 25-percent match of funds. Program funds also may be 189 used by the Seaport Transportation and Economic Development 190 Council for data and analysis that will assist Florida’s 191 seaports and international trade. 192 (b) Projects eligible for funding by grants under the 193 program are limited to the following port facilities or port 194 transportation projects: 195 1. Transportation facilities within the jurisdiction of the 196 port. 197 2. The dredging or deepening of channels, turning basins, 198 or harbors. 199 3. The construction or rehabilitation of wharves, docks, 200 structures, jetties, piers, storage facilities, cruise 201 terminals, automated people mover systems, or any facilities 202 necessary or useful in connection with any of the foregoing. 203 4. The acquisition of vessel tracking systems, container 204 cranes, or other mechanized equipment used in the movement of 205 cargo or passengers in international commerce. 206 5. The acquisition of land to be used for port purposes. 207 6. The acquisition, improvement, enlargement, or extension 208 of existing port facilities. 209 7. Environmental protection projects which are necessary 210 because of requirements imposed by a state agency as a condition 211 of a permit or other form of state approval; which are necessary 212 for environmental mitigation required as a condition of a state, 213 federal, or local environmental permit; which are necessary for 214 the acquisition of spoil disposal sites and improvements to 215 existing and future spoil sites; or which result from the 216 funding of eligible projects listed in this paragraph. 217 8. Transportation facilities as defined in s. 334.03(30) 218 which are not otherwise part of the Department of 219 Transportation’s adopted work program. 220 9. Intermodal access projects. 221 10. Construction or rehabilitation of port facilities as 222 defined in s. 315.02, excluding any park or recreational 223 facilities, in ports listed in s. 311.09(1) with operating 224 revenues of $5 million or less, provided that such projects 225 create economic development opportunities, capital improvements, 226 and positive financial returns to such ports. 227 11. Seaport master plan or strategic plan development or 228 updates, including the purchase of data to support such plans. 229 Section 5. For the purpose of incorporating the amendment 230 made by this act to section 311.09, Florida Statutes, in a 231 reference thereto, section 311.091, Florida Statutes, is 232 reenacted to read: 233 311.091 Entry into public-private infrastructure project 234 agreements for port-related public infrastructure projects.—A 235 seaport listed in s. 311.09(1) may receive or solicit proposals 236 from and enter into a public-private infrastructure project 237 agreement with a private entity, or a consortium of private 238 entities, to build, operate, manage, maintain, or finance a 239 port-related public infrastructure project. 240 Section 6. For the purpose of incorporating the amendment 241 made by this act to section 311.09, Florida Statutes, in 242 references thereto, subsections (1) and (2) of section 311.10, 243 Florida Statutes, are reenacted to read: 244 311.10 Strategic Port Investment Initiative.— 245 (1) There is created the Strategic Port Investment 246 Initiative within the Department of Transportation. Beginning in 247 fiscal year 2012-2013, a minimum of $35 million annually shall 248 be made available from the State Transportation Trust Fund to 249 fund the Strategic Port Investment Initiative. The Department of 250 Transportation shall work with the deepwater ports listed in s. 251 311.09 to develop and maintain a priority list of strategic 252 investment projects. Project selection shall be based on 253 projects that meet the state’s economic development goal of 254 becoming a hub for trade, logistics, and export-oriented 255 activities by: 256 (a) Providing important access and major on-port capacity 257 improvements; 258 (b) Providing capital improvements to strategically 259 position the state to maximize opportunities in international 260 trade, logistics, or the cruise industry; 261 (c) Achieving state goals of an integrated intermodal 262 transportation system; and 263 (d) Demonstrating the feasibility and availability of 264 matching funds through local or private partners. 265 (2) Prior to making final project allocations, the 266 Department of Transportation shall schedule a publicly noticed 267 workshop with the Department of Economic Opportunity and the 268 deepwater ports listed in s. 311.09 to review the proposed 269 projects. After considering the comments received, the 270 Department of Transportation shall finalize a prioritized list 271 of potential projects. 272 Section 7. For the purpose of incorporating the amendment 273 made by this act to section 311.09, Florida Statutes, in a 274 reference thereto, subsection (2) of section 311.101, Florida 275 Statutes, is reenacted to read: 276 311.101 Intermodal Logistics Center Infrastructure Support 277 Program.— 278 (2) For the purposes of this section, the term “intermodal 279 logistics center,” including, but not limited to, an “inland 280 port,” means a facility or group of facilities serving as a 281 point of intermodal transfer of freight in a specific area 282 physically separated from a seaport where activities relating to 283 transport, logistics, goods distribution, consolidation, or 284 value-added activities are carried out and whose activities and 285 services are designed to support or be supported by conveyance 286 or shipping through one or more seaports listed in s. 311.09. 287 Section 8. For the purpose of incorporating the amendment 288 made by this act to section 311.09, Florida Statutes, in 289 references thereto, paragraph (a) of subsection (2), subsection 290 (3), and paragraph (a) of subsection (6) of section 311.12, 291 Florida Statutes, are reenacted to read: 292 311.12 Seaport security.— 293 (2) SECURITY PLAN.— 294 (a) Each seaport listed in s. 311.09 shall adopt and 295 maintain a security plan specific to that seaport which provides 296 for a secure seaport infrastructure that promotes the safety and 297 security of state residents and visitors and the flow of 298 legitimate trade and travel. 299 (3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 300 311.09 must clearly designate in seaport security plans, and 301 clearly identify with appropriate signs and markers on the 302 premises of a seaport, all secure and restricted areas as 303 defined by 33 C.F.R. part 105. 304 (a)1. All seaport employees and other persons working at 305 the seaport who have regular access to secure or restricted 306 areas must comply with federal access control regulations as 307 prescribed in this section. 308 2. All persons and objects in secure and restricted areas 309 are subject to search by a sworn state-certified law enforcement 310 officer, a Class D seaport security officer certified under 311 Maritime Transportation Security Act of 2002 guidelines, or an 312 employee of the seaport security force certified under the 313 Maritime Transportation Security Act of 2002 guidelines. 314 3. Persons found in these areas without the proper 315 permission are subject to the trespass provisions of ss. 810.08 316 and 810.09. 317 (b) The seaport must provide clear notice of the 318 prohibition against possession of concealed weapons and other 319 contraband material on the premises of the seaport. Any person 320 in a restricted area who has in his or her possession a 321 concealed weapon, or who operates or has possession or control 322 of a vehicle in or upon which a concealed weapon is placed or 323 stored, commits a misdemeanor of the first degree, punishable as 324 provided in s. 775.082 or s. 775.083. This paragraph does not 325 apply to active-duty certified federal or state law enforcement 326 personnel or persons so designated by the seaport director in 327 writing. 328 (c) During a period of high terrorist threat level, as 329 designated by the United States Department of Homeland Security, 330 the management or controlling authority of the port may 331 temporarily designate any part of the seaport property as a 332 secure or restricted area. The duration of such designation is 333 limited to the period in which the high terrorist threat level 334 is in effect or a port emergency exists. 335 (6) GRANT PROGRAM.— 336 (a) The Florida Seaport Transportation and Economic 337 Development Council shall establish a Seaport Security Grant 338 Program for the purpose of assisting in the implementation of 339 security plans and security measures at the seaports listed in 340 s. 311.09(1). Funds may be used for the purchase of equipment, 341 infrastructure needs, cybersecurity programs, and other security 342 measures identified in a seaport’s approved federal security 343 plan. Such grants may not exceed 75 percent of the total cost of 344 the request and are subject to legislative appropriation. 345 Section 9. For the purpose of incorporating the amendment 346 made by this act to section 311.09, Florida Statutes, in 347 references thereto, subsection (2) and paragraph (a) of 348 subsection (3) of section 311.121, Florida Statutes, are 349 reenacted to read: 350 311.121 Qualifications, training, and certification of 351 licensed security officers at Florida seaports.— 352 (2) The authority or governing board of each seaport 353 identified under s. 311.09 that is subject to the seaport 354 security standards referenced in s. 311.12 shall require that a 355 candidate for certification as a seaport security officer: 356 (a) Has received a Class D license as a security officer 357 under chapter 493. 358 (b) Has successfully completed the certified training 359 curriculum for a Class D license or has been determined by the 360 Department of Agriculture and Consumer Services to have 361 equivalent experience as established by rule of the department. 362 (c) Has completed the training or training equivalency and 363 testing process established by this section for becoming a 364 certified seaport security officer. 365 (3) The Seaport Security Officer Qualification, Training, 366 and Standards Coordinating Council is created under the 367 Department of Law Enforcement. 368 (a) The executive director of the Department of Law 369 Enforcement shall appoint 11 members to the council, to include: 370 1. The seaport administrator of the Department of Law 371 Enforcement. 372 2. The Commissioner of Education or his or her designee. 373 3. The director of the Division of Licensing of the 374 Department of Agriculture and Consumer Services. 375 4. The administrator of the Florida Seaport Transportation 376 and Economic Development Council. 377 5. Two seaport security directors from seaports designated 378 under s. 311.09. 379 6. One director of a state law enforcement academy. 380 7. One representative of a local law enforcement agency. 381 8. Two representatives of contract security services. 382 9. One representative of the Department of Highway Safety 383 and Motor Vehicles. 384 Section 10. For the purpose of incorporating the amendment 385 made by this act to section 311.09, Florida Statutes, in a 386 reference thereto, subsection (1) of section 311.14, Florida 387 Statutes, is reenacted to read: 388 311.14 Seaport planning.— 389 (1) The Department of Transportation shall develop, in 390 coordination with the ports listed in s. 311.09(1) and other 391 partners, a Statewide Seaport and Waterways System Plan. This 392 plan shall be consistent with the goals of the Florida 393 Transportation Plan developed pursuant to s. 339.155 and shall 394 consider needs identified in individual port master plans and 395 those from the seaport strategic plans required under this 396 section. The plan will identify 5-year, 10-year, and 20-year 397 needs for the seaport system and will include seaport, waterway, 398 road, and rail projects that are needed to ensure the success of 399 the transportation system as a whole in supporting state 400 economic development goals. 401 Section 11. For the purpose of incorporating the amendment 402 made by this act to section 311.09, Florida Statutes, in a 403 reference thereto, section 315.18, Florida Statutes, is 404 reenacted to read: 405 315.18 Confidentiality of certain records held by deepwater 406 ports.—Any proposal or counterproposal exchanged between a 407 deepwater port listed in s. 311.09(1) and any nongovernmental 408 entity, relating to the sale, use, or lease of land or of port 409 facilities, and any financial records submitted by any 410 nongovernmental entity to such a deepwater port for the purpose 411 of the sale, use, or lease of land or of port facilities, are 412 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 413 of the State Constitution. However, 30 days before any such 414 proposal or counterproposal is considered for approval by the 415 governing body of such a deepwater port, the proposal or 416 counterproposal shall cease to be exempt. If no proposal or 417 counterproposal is submitted to the governing body for approval, 418 such a proposal or counterproposal shall cease to be exempt 90 419 days after the cessation of negotiations. 420 Section 12. For the purpose of incorporating the amendment 421 made by this act to section 311.09, Florida Statutes, in 422 references thereto, subsections (3) and (4) of section 320.20, 423 Florida Statutes, are reenacted to read: 424 320.20 Disposition of license tax moneys.—The revenue 425 derived from the registration of motor vehicles, including any 426 delinquent fees and excluding those revenues collected and 427 distributed under the provisions of s. 320.081, must be 428 distributed monthly, as collected, as follows: 429 (3) Notwithstanding any other provision of law except 430 subsections (1) and (2), $15 million shall be deposited annually 431 into the State Transportation Trust Fund solely for the purposes 432 of funding the Florida Seaport Transportation and Economic 433 Development Program as provided in chapter 311. Such revenues 434 shall be distributed on a 50-50 matching basis to any port 435 listed in s. 311.09(1) to be used for funding projects as 436 described in s. 311.07(3)(b). Such revenues may be assigned, 437 pledged, or set aside as a trust for the payment of principal or 438 interest on bonds, tax anticipation certificates, or any other 439 form of indebtedness issued by an individual port or appropriate 440 local government having jurisdiction thereof, or collectively by 441 interlocal agreement among any of the ports, or used to purchase 442 credit support to permit such borrowings. However, such debt is 443 not a general obligation of the state. The state covenants with 444 holders of such revenue bonds or other instruments of 445 indebtedness issued that it will not repeal or impair or amend 446 in any manner that will materially and adversely affect the 447 rights of such holders so long as bonds authorized by this 448 section are outstanding. Any revenues that are not pledged to 449 the repayment of bonds authorized by this section may be used 450 for purposes authorized under the Florida Seaport Transportation 451 and Economic Development Program. This revenue source is in 452 addition to any amounts provided and appropriated in accordance 453 with s. 311.07. The Florida Seaport Transportation and Economic 454 Development Council shall approve the distribution of funds to 455 ports for projects that have been approved pursuant to s. 456 311.09(5)-(8). The council and the Department of Transportation 457 may perform acts required to facilitate and implement this 458 subsection. To better enable the ports to cooperate to their 459 mutual advantage, the governing body of each port may exercise 460 powers provided to municipalities or counties in s. 163.01(7)(d) 461 subject to chapter 311 and special acts, if any, pertaining to a 462 port. The use of funds provided pursuant to this subsection are 463 limited to eligible projects listed in this subsection. Income 464 derived from a project completed with the use of program funds, 465 beyond operating costs and debt service, is restricted solely to 466 further port capital improvements consistent with maritime 467 purposes. Use of such income for nonmaritime purposes is 468 prohibited. The revenues available under this subsection may not 469 be pledged to the payment of any bonds other than the Florida 470 Ports Financing Commission Series 1996 and Series 1999 Bonds 471 currently outstanding; however, such revenues may be pledged to 472 secure payment of refunding bonds to refinance the Florida Ports 473 Financing Commission Series 1996 and Series 1999 Bonds. 474 Refunding bonds secured by revenues available under this 475 subsection may not be issued with a final maturity later than 476 the final maturity of the Florida Ports Financing Commission 477 Series 1996 and Series 1999 Bonds or which provide for higher 478 debt service in any year than is currently payable on such 479 bonds. Any revenue bonds or other indebtedness issued after July 480 1, 2000, other than refunding bonds shall be issued by the 481 Division of Bond Finance at the request of the Department of 482 Transportation pursuant to the State Bond Act. 483 (4) Notwithstanding any other provision of law except 484 subsections (1), (2), and (3), $10 million shall be deposited 485 annually into the State Transportation Trust Fund solely for the 486 purposes of funding the Florida Seaport Transportation and 487 Economic Development Program as provided in chapter 311 and for 488 funding seaport intermodal access projects of statewide 489 significance as provided in s. 341.053. Such revenues shall be 490 distributed to any port listed in s. 311.09(1), to be used for 491 funding projects as follows: 492 (a) For any seaport intermodal access projects that are 493 identified in the 1997-1998 Tentative Work Program of the 494 Department of Transportation, up to the amounts needed to offset 495 the funding requirements of this section. 496 (b) For seaport intermodal access projects as described in 497 s. 341.053(6) which are identified in the 5-year Florida Seaport 498 Mission Plan as provided in s. 311.09(3). Funding for such 499 projects shall be on a matching basis as mutually determined by 500 the Florida Seaport Transportation and Economic Development 501 Council and the Department of Transportation if a minimum of 25 502 percent of total project funds come from any port funds, local 503 funds, private funds, or specifically earmarked federal funds. 504 (c) On a 50-50 matching basis for projects as described in 505 s. 311.07(3)(b). 506 (d) For seaport intermodal access projects that involve the 507 dredging or deepening of channels, turning basins, or harbors; 508 or the rehabilitation of wharves, docks, or similar structures. 509 Funding for such projects requires a 25 percent match of the 510 funds received pursuant to this subsection. Matching funds must 511 come from port funds, federal funds, local funds, or private 512 funds. 513 514 Such revenues may be assigned, pledged, or set aside as a trust 515 for the payment of principal or interest on bonds, tax 516 anticipation certificates, or other form of indebtedness issued 517 by an individual port or appropriate local government having 518 jurisdiction thereof, or collectively by interlocal agreement 519 among any of the ports, or used to purchase credit support to 520 permit such borrowings. However, such debt is not a general 521 obligation of the state. This state covenants with holders of 522 such revenue bonds or other instruments of indebtedness issued 523 hereunder that it will not repeal, impair, or amend this 524 subsection in a manner that will materially and adversely affect 525 the rights of holders while bonds authorized by this subsection 526 remain outstanding. Revenues that are not pledged to the 527 repayment of bonds as authorized by this section may be used for 528 purposes authorized under the Florida Seaport Transportation and 529 Economic Development Program. This revenue source is in addition 530 to any amounts provided for and appropriated in accordance with 531 s. 311.07 and subsection (3). The Florida Seaport Transportation 532 and Economic Development Council shall approve distribution of 533 funds to ports for projects that have been approved pursuant to 534 s. 311.09(5)-(8), or for seaport intermodal access projects 535 identified in the 5-year Florida Seaport Mission Plan as 536 provided in s. 311.09(3) and mutually agreed upon by the Florida 537 Seaport Transportation and Economic Development Council and the 538 Department of Transportation. All contracts for actual 539 construction of projects authorized by this subsection must 540 include a provision encouraging employment of participants in 541 the welfare transition program. The goal for such employment is 542 25 percent of all new employees employed specifically for the 543 project, unless the Department of Transportation and the Florida 544 Seaport Transportation and Economic Development Council 545 demonstrate that such a requirement would severely hamper the 546 successful completion of the project. In such an instance, 547 CareerSource Florida, Inc., shall establish an appropriate 548 percentage of employees who are participants in the welfare 549 transition program. The council and the Department of 550 Transportation may perform such acts as are required to 551 facilitate and implement the provisions of this subsection. To 552 better enable the ports to cooperate to their mutual advantage, 553 the governing body of each port may exercise powers provided to 554 municipalities or counties in s. 163.01(7)(d) subject to the 555 provisions of chapter 311 and special acts, if any, pertaining 556 to a port. The use of funds provided pursuant to this subsection 557 is limited to eligible projects listed in this subsection. The 558 revenues available under this subsection may not be pledged to 559 the payment of any bonds other than the Florida Ports Financing 560 Commission Series 1996 and Series 1999 Bonds currently 561 outstanding; however, such revenues may be pledged to secure 562 payment of refunding bonds to refinance the Florida Ports 563 Financing Commission Series 1996 and Series 1999 Bonds. 564 Refunding bonds secured by revenues available under this 565 subsection may not be issued with a final maturity later than 566 the final maturity of the Florida Ports Financing Commission 567 Series 1996 and Series 1999 Bonds and may not provide for higher 568 debt service in any year than is currently payable on such 569 bonds. Any revenue bonds or other indebtedness issued after July 570 1, 2000, other than refunding bonds shall be issued by the 571 Division of Bond Finance at the request of the Department of 572 Transportation pursuant to the State Bond Act. 573 Section 13. For the purpose of incorporating the amendment 574 made by this act to section 311.09, Florida Statutes, in a 575 reference thereto, subsection (1) of section 334.27, Florida 576 Statutes, is reenacted to read: 577 334.27 Governmental transportation entities; property 578 acquired for transportation purposes; limitation on soil or 579 groundwater contamination liability.— 580 (1) For the purposes of this section, the term 581 “governmental transportation entity” means the department; an 582 authority created pursuant to chapter 343, chapter 348, or 583 chapter 349; airports as defined in s. 332.004(14); a port 584 enumerated in s. 311.09(1); a county; or a municipality. 585 Section 14. For the purpose of incorporating the amendment 586 made by this act to section 311.09, Florida Statutes, in a 587 reference thereto, subsection (7) of section 337.14, Florida 588 Statutes, is reenacted to read: 589 337.14 Application for qualification; certificate of 590 qualification; restrictions; request for hearing.— 591 (7) A “contractor” as defined in s. 337.165(1)(d) or his or 592 her “affiliate” as defined in s. 337.165(1)(a) qualified with 593 the department under this section may not also qualify under s. 594 287.055 or s. 337.105 to provide testing services, construction, 595 engineering, and inspection services to the department. This 596 limitation does not apply to any design-build prequalification 597 under s. 337.11(7) and does not apply when the department 598 otherwise determines by written order entered at least 30 days 599 before advertisement that the limitation is not in the best 600 interests of the public with respect to a particular contract 601 for testing services, construction, engineering, and inspection 602 services. This subsection does not authorize a contractor to 603 provide testing services, or provide construction, engineering, 604 and inspection services, to the department in connection with a 605 construction contract under which the contractor is performing 606 any work. Notwithstanding any other provision of law to the 607 contrary, for a project that is wholly or partially funded by 608 the department and administered by a local governmental entity, 609 except for a seaport listed in s. 311.09 or an airport as 610 defined in s. 332.004, the entity performing design and 611 construction engineering and inspection services may not be the 612 same entity. 613 Section 15. For the purpose of incorporating the amendment 614 made by this act to section 311.09, Florida Statutes, in a 615 reference thereto, subsection (12) of section 373.406, Florida 616 Statutes, is reenacted to read: 617 373.406 Exemptions.—The following exemptions shall apply: 618 (12) An overwater pier, dock, or a similar structure 619 located in a deepwater port listed in s. 311.09 is not 620 considered to be part of a stormwater management system for 621 which this chapter or chapter 403 requires stormwater from 622 impervious surfaces to be treated if: 623 (a) The port has a stormwater pollution prevention plan for 624 industrial activities pursuant to the National Pollutant 625 Discharge Elimination System Program; and 626 (b) The stormwater pollution prevention plan also provides 627 similar pollution prevention measures for other activities that 628 are not subject to the National Pollutant Discharge Elimination 629 System Program and that occur on the port’s overwater piers, 630 docks, and similar structures. 631 Section 16. For the purpose of incorporating the amendment 632 made by this act to section 311.09, Florida Statutes, in 633 references thereto, subsections (2) and (10) of section 634 373.4133, Florida Statutes, are reenacted to read: 635 373.4133 Port conceptual permits.— 636 (2) Any port listed in s. 311.09(1) may apply to the 637 department for a port conceptual permit, including any 638 applicable authorization under chapter 253 to use sovereignty 639 submerged lands under a joint coastal permit pursuant to s. 640 161.055 or an environmental resource permit issued pursuant to 641 this part, for all or a portion of the area within the 642 geographic boundaries of the port. A private entity with a 643 controlling interest in property used for private industrial 644 marine activities in the immediate vicinity of a port listed in 645 s. 311.09(1) may also apply for a port conceptual permit under 646 this section. A port conceptual permit may be issued for a 647 period of up to 20 years and extended one time for an additional 648 10 years. A port conceptual permit constitutes the state’s 649 conceptual certification of compliance with state water quality 650 standards for purposes of s. 401 of the Clean Water Act and the 651 state’s conceptual determination that the activities contained 652 in the port conceptual permit are consistent with the state 653 coastal zone management program. 654 (10) In lieu of meeting the generally applicable stormwater 655 design standards in rules adopted under this part, which create 656 a presumption that stormwater discharged from the system will 657 meet the applicable state water quality standards in the 658 receiving waters, any port listed in s. 311.09(1) may propose 659 alternative stormwater treatment and design criteria for the 660 construction, operation, and maintenance of stormwater 661 management systems serving overwater piers. The proposal shall 662 include such structural components or best management practices 663 to address the stormwater discharge from the pier, including 664 consideration of activities conducted on the pier, as are 665 necessary to provide reasonable assurance that stormwater 666 discharged from the system will meet the applicable state water 667 quality standards in the receiving waters. 668 Section 17. For the purpose of incorporating the amendment 669 made by this act to section 311.09, Florida Statutes, in a 670 reference thereto, paragraph (d) of subsection (6) of section 671 373.4136, Florida Statutes, is reenacted to read: 672 373.4136 Establishment and operation of mitigation banks.— 673 (6) MITIGATION SERVICE AREA.—The department or water 674 management district shall establish a mitigation service area 675 for each mitigation bank permit. The department or water 676 management district shall notify and consider comments received 677 on the proposed mitigation service area from each local 678 government within the proposed mitigation service area. Except 679 as provided herein, mitigation credits may be withdrawn and used 680 only to offset adverse impacts in the mitigation service area. 681 The boundaries of the mitigation service area shall depend upon 682 the geographic area where the mitigation bank could reasonably 683 be expected to offset adverse impacts. Mitigation service areas 684 may overlap, and mitigation service areas for two or more 685 mitigation banks may be approved for a regional watershed. 686 (d) If the requirements in s. 373.414(1)(b) and (8) are 687 met, the following projects or activities regulated under this 688 part shall be eligible to use a mitigation bank, regardless of 689 whether they are located within the mitigation service area: 690 1. Projects with adverse impacts partially located within 691 the mitigation service area. 692 2. Linear projects, such as roadways, transmission lines, 693 distribution lines, pipelines, railways, or seaports listed in 694 s. 311.09(1). 695 3. Projects with total adverse impacts of less than 1 acre 696 in size. 697 Section 18. For the purpose of incorporating the amendment 698 made by this act to section 311.09, Florida Statutes, in 699 references thereto, subsections (38) and (39) of section 700 403.061, Florida Statutes, are reenacted to read: 701 403.061 Department; powers and duties.—The department shall 702 have the power and the duty to control and prohibit pollution of 703 air and water in accordance with the law and rules adopted and 704 promulgated by it and, for this purpose, to: 705 (38) Provide a supplemental permitting process for the 706 issuance of a joint coastal permit pursuant to s. 161.055 or 707 environmental resource permit pursuant to part IV of chapter 708 373, to a port listed in s. 311.09(1), for maintenance dredging 709 and the management of dredged materials from maintenance 710 dredging of all navigation channels, port harbors, turning 711 basins, and harbor berths. Such permit shall be issued for a 712 period of 5 years and shall be annually extended for an 713 additional year if the port is in compliance with all permit 714 conditions at the time of extension. The department is 715 authorized to adopt rules to implement this subsection. 716 (39) Provide a supplemental permitting process for the 717 issuance of a conceptual joint coastal permit pursuant to s. 718 161.055 or environmental resource permit pursuant to part IV of 719 chapter 373, to a port listed in s. 311.09(1), for dredging and 720 the management of materials from dredging and for other related 721 activities necessary for development, including the expansion of 722 navigation channels, port harbors, turning basins, harbor 723 berths, and associated facilities. Such permit shall be issued 724 for a period of up to 15 years. The department is authorized to 725 adopt rules to implement this subsection. 726 727 The department shall implement such programs in conjunction with 728 its other powers and duties and shall place special emphasis on 729 reducing and eliminating contamination that presents a threat to 730 humans, animals or plants, or to the environment. 731 Section 19. This act shall take effect July 1, 2022.