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 17
   53  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.