SB 1038 First Engrossed 20221038e1 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; requiring the council to review the 14 study and make a determination; terminating the 15 membership of Putnam County on the council under 16 certain circumstances; reenacting ss. 163.3178(2)(k), 17 (5), and (6), 189.068(6), 311.07(1) and (3)(a) and 18 (b), 311.091, 311.10(1) and (2), 311.101(2), 19 311.12(2)(a), (3), and (6)(a), 311.121(2) and (3)(a), 20 311.14(1), 315.18, 320.20(3) and (4), 334.27(1), 21 337.14(7), 373.406(12), 373.4133(2) and (10), 22 373.4136(6)(d), and 403.061(38) and (39), F.S., 23 relating to coastal management, the oversight of 24 deepwater ports, Florida seaport transportation and 25 economic development funding, entry into public 26 private infrastructure project agreements for port 27 related public infrastructure projects, the Strategic 28 Port Investment Initiative within the department, the 29 Intermodal Logistics Center Infrastructure Support 30 Program, seaport security, licensed security officers 31 at Florida seaports, seaport planning, the 32 confidentiality of certain records held by deepwater 33 ports, the disposition of license tax moneys, the 34 definition of the term “governmental transportation 35 entity,” seaport contractor services, exemptions for 36 overwater piers, docks, or similar structures in 37 deepwater ports, port conceptual permits, the 38 authorized use of mitigation banks, and the duties of 39 the Department of Environmental Protection in 40 providing environmental resource permits, 41 respectively, to incorporate the amendment made to s. 42 311.09, F.S., in references thereto; providing an 43 effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Subsection (1) of section 311.09, Florida 48 Statutes, is amended, and subsection (13) is added to that 49 section, to read: 50 311.09 Florida Seaport Transportation and Economic 51 Development Council.— 52 (1) The Florida Seaport Transportation and Economic 53 Development Council is created within the Department of 54 Transportation. The council consists of the following 18
1755 members: the port director, or the port director’s designee, of 56 each of the ports of Jacksonville, Port Canaveral, Port Citrus, 57 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 58 St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, 59 Pensacola, Key West, and Fernandina; the secretary of the 60 Department of Transportation or his or her designee; and the 61 secretary of the Department of Economic Opportunity or his or 62 her designee. 63 (13) Until July 1, 2024, Putnam County may apply for a 64 grant through the Florida Seaport Transportation and Economic 65 Development Council to perform a study examining the economic, 66 technical, and operational viability of the establishment of a 67 port in Putnam County. The council shall evaluate the grant 68 application pursuant to subsections (5)–(8) and, if approved, 69 the Department of Transportation must include the feasibility 70 study in its budget request pursuant to subsection (9). The 71 council shall review the study upon completion to determine if a 72 port in Putnam County is viable. If the council does not approve 73 the study, the membership of Putnam County on the council must 74 terminate. 75 Section 2. For the purpose of incorporating the amendment 76 made by this act to section 311.09, Florida Statutes, in 77 references thereto, paragraph (k) of subsection (2) and 78 subsections (5) and (6) of section 163.3178, Florida Statutes, 79 are reenacted to read: 80 163.3178 Coastal management.— 81 (2) Each coastal management element required by s. 82 163.3177(6)(g) shall be based on studies, surveys, and data; be 83 consistent with coastal resource plans prepared and adopted 84 pursuant to general or special law; and contain: 85 (k) A component which includes the comprehensive master 86 plan prepared by each deepwater port listed in s. 311.09(1), 87 which addresses existing port facilities and any proposed 88 expansions, and which adequately addresses the applicable 89 requirements of paragraphs (a)-(k) for areas within the port and 90 proposed expansion areas. Such component shall be submitted to 91 the appropriate local government at least 6 months prior to the 92 due date of the local plan and shall be integrated with, and 93 shall meet all criteria specified in, the coastal management 94 element. “The appropriate local government” means the 95 municipality having the responsibility for the area in which the 96 deepwater port lies, except that where no municipality has 97 responsibility, where a municipality and a county each have 98 responsibility, or where two or more municipalities each have 99 responsibility for the area in which the deepwater port lies, 100 “the appropriate local government” means the county which has 101 responsibility for the area in which the deepwater port lies. 102 Failure by a deepwater port which is not part of a local 103 government to submit its component to the appropriate local 104 government shall not result in a local government being subject 105 to sanctions pursuant to s. 163.3184. However, a deepwater port 106 which is not part of a local government shall be subject to 107 sanctions pursuant to s. 163.3184. 108 (5) The appropriate dispute resolution process provided 109 under s. 186.509 must be used to reconcile inconsistencies 110 between port master plans and local comprehensive plans. In 111 recognition of the state’s commitment to deepwater ports, the 112 state comprehensive plan must include goals, objectives, and 113 policies that establish a statewide strategy for enhancement of 114 existing deepwater ports, ensuring that priority is given to 115 water-dependent land uses. As an incentive for promoting plan 116 consistency, port facilities as defined in s. 315.02(6) on lands 117 owned or controlled by a deepwater port as defined in s. 118 311.09(1), as of the effective date of this act shall not be 119 subject to development-of-regional-impact review provided the 120 port either successfully completes an alternative comprehensive 121 development agreement with a local government pursuant to ss. 122 163.3220-163.3243 or successfully enters into a development 123 agreement with the state land planning agency and applicable 124 local government pursuant to s. 380.032 or, where the port is a 125 department of a local government, successfully enters into a 126 development agreement with the state land planning agency 127 pursuant to s. 380.032. Port facilities as defined in s. 128 315.02(6) on lands not owned or controlled by a deepwater port 129 as defined in s. 311.09(1) as of the effective date of this act 130 shall not be subject to development-of-regional-impact review 131 provided the port successfully enters into a development 132 agreement with the state land planning agency and applicable 133 local government pursuant to s. 380.032 or, where the port is a 134 department of a local government, successfully enters into a 135 development agreement with the state land planning agency 136 pursuant to s. 380.032. 137 (6) Each port listed in s. 311.09(1) and each local 138 government in the coastal area which has spoil disposal 139 responsibilities shall provide for or identify disposal sites 140 for dredged materials in the future land use and port elements 141 of the local comprehensive plan as needed to assure proper long 142 term management of material dredged from navigation channels, 143 sufficient long-range disposal capacity, environmental 144 sensitivity and compatibility, and reasonable cost and 145 transportation. The disposal site selection criteria shall be 146 developed in consultation with navigation and inlet districts 147 and other appropriate state and federal agencies and the public. 148 For areas owned or controlled by ports listed in s. 311.09(1) 149 and proposed port expansion areas, compliance with the 150 provisions of this subsection shall be achieved through 151 comprehensive master plans prepared by each port and integrated 152 with the appropriate local plan pursuant to paragraph (2)(k). 153 Section 3. For the purpose of incorporating the amendment 154 made by this act to section 311.09, Florida Statutes, in a 155 reference thereto, subsection (6) of section 189.068, Florida 156 Statutes, is reenacted to read: 157 189.068 Special districts; authority for oversight; general 158 oversight review process.— 159 (6) This section does not apply to a deepwater port listed 160 in s. 311.09(1) which is in compliance with a port master plan 161 adopted pursuant to s. 163.3178(2)(k), or to an airport 162 authority operating in compliance with an airport master plan 163 approved by the Federal Aviation Administration, or to any 164 special district organized to operate health systems and 165 facilities licensed under chapter 395, chapter 400, or chapter 166 429. 167 Section 4. For the purpose of incorporating the amendment 168 made by this act to section 311.09, Florida Statutes, in 169 references thereto, subsection (1) and paragraphs (a) and (b) of 170 subsection (3) of section 311.07, Florida Statutes, are 171 reenacted to read: 172 311.07 Florida seaport transportation and economic 173 development funding.— 174 (1) There is created the Florida Seaport Transportation and 175 Economic Development Program within the Department of 176 Transportation to finance port transportation or port facilities 177 projects that will improve the movement and intermodal 178 transportation of cargo or passengers in commerce and trade and 179 support the interests, purposes, and requirements of all ports 180 listed in s. 311.09. 181 (3)(a) Florida Seaport Transportation and Economic 182 Development Program funds shall be used to fund approved 183 projects on a 50-50 matching basis with any of the deepwater 184 ports, as listed in s. 311.09, which is governed by a public 185 body or any other deepwater port which is governed by a public 186 body and which complies with the water quality provisions of s. 187 403.061, the comprehensive master plan requirements of s. 188 163.3178(2)(k), and the local financial management and reporting 189 provisions of part III of chapter 218. However, program funds 190 used to fund projects that involve the rehabilitation of 191 wharves, docks, berths, bulkheads, or similar structures shall 192 require a 25-percent match of funds. Program funds also may be 193 used by the Seaport Transportation and Economic Development 194 Council for data and analysis that will assist Florida’s 195 seaports and international trade. 196 (b) Projects eligible for funding by grants under the 197 program are limited to the following port facilities or port 198 transportation projects: 199 1. Transportation facilities within the jurisdiction of the 200 port. 201 2. The dredging or deepening of channels, turning basins, 202 or harbors. 203 3. The construction or rehabilitation of wharves, docks, 204 structures, jetties, piers, storage facilities, cruise 205 terminals, automated people mover systems, or any facilities 206 necessary or useful in connection with any of the foregoing. 207 4. The acquisition of vessel tracking systems, container 208 cranes, or other mechanized equipment used in the movement of 209 cargo or passengers in international commerce. 210 5. The acquisition of land to be used for port purposes. 211 6. The acquisition, improvement, enlargement, or extension 212 of existing port facilities. 213 7. Environmental protection projects which are necessary 214 because of requirements imposed by a state agency as a condition 215 of a permit or other form of state approval; which are necessary 216 for environmental mitigation required as a condition of a state, 217 federal, or local environmental permit; which are necessary for 218 the acquisition of spoil disposal sites and improvements to 219 existing and future spoil sites; or which result from the 220 funding of eligible projects listed in this paragraph. 221 8. Transportation facilities as defined in s. 334.03(30) 222 which are not otherwise part of the Department of 223 Transportation’s adopted work program. 224 9. Intermodal access projects. 225 10. Construction or rehabilitation of port facilities as 226 defined in s. 315.02, excluding any park or recreational 227 facilities, in ports listed in s. 311.09(1) with operating 228 revenues of $5 million or less, provided that such projects 229 create economic development opportunities, capital improvements, 230 and positive financial returns to such ports. 231 11. Seaport master plan or strategic plan development or 232 updates, including the purchase of data to support such plans. 233 Section 5. For the purpose of incorporating the amendment 234 made by this act to section 311.09, Florida Statutes, in a 235 reference thereto, section 311.091, Florida Statutes, is 236 reenacted to read: 237 311.091 Entry into public-private infrastructure project 238 agreements for port-related public infrastructure projects.—A 239 seaport listed in s. 311.09(1) may receive or solicit proposals 240 from and enter into a public-private infrastructure project 241 agreement with a private entity, or a consortium of private 242 entities, to build, operate, manage, maintain, or finance a 243 port-related public infrastructure project. 244 Section 6. For the purpose of incorporating the amendment 245 made by this act to section 311.09, Florida Statutes, in 246 references thereto, subsections (1) and (2) of section 311.10, 247 Florida Statutes, are reenacted to read: 248 311.10 Strategic Port Investment Initiative.— 249 (1) There is created the Strategic Port Investment 250 Initiative within the Department of Transportation. Beginning in 251 fiscal year 2012-2013, a minimum of $35 million annually shall 252 be made available from the State Transportation Trust Fund to 253 fund the Strategic Port Investment Initiative. The Department of 254 Transportation shall work with the deepwater ports listed in s. 255 311.09 to develop and maintain a priority list of strategic 256 investment projects. Project selection shall be based on 257 projects that meet the state’s economic development goal of 258 becoming a hub for trade, logistics, and export-oriented 259 activities by: 260 (a) Providing important access and major on-port capacity 261 improvements; 262 (b) Providing capital improvements to strategically 263 position the state to maximize opportunities in international 264 trade, logistics, or the cruise industry; 265 (c) Achieving state goals of an integrated intermodal 266 transportation system; and 267 (d) Demonstrating the feasibility and availability of 268 matching funds through local or private partners. 269 (2) Prior to making final project allocations, the 270 Department of Transportation shall schedule a publicly noticed 271 workshop with the Department of Economic Opportunity and the 272 deepwater ports listed in s. 311.09 to review the proposed 273 projects. After considering the comments received, the 274 Department of Transportation shall finalize a prioritized list 275 of potential projects. 276 Section 7. For the purpose of incorporating the amendment 277 made by this act to section 311.09, Florida Statutes, in a 278 reference thereto, subsection (2) of section 311.101, Florida 279 Statutes, is reenacted to read: 280 311.101 Intermodal Logistics Center Infrastructure Support 281 Program.— 282 (2) For the purposes of this section, the term “intermodal 283 logistics center,” including, but not limited to, an “inland 284 port,” means a facility or group of facilities serving as a 285 point of intermodal transfer of freight in a specific area 286 physically separated from a seaport where activities relating to 287 transport, logistics, goods distribution, consolidation, or 288 value-added activities are carried out and whose activities and 289 services are designed to support or be supported by conveyance 290 or shipping through one or more seaports listed in s. 311.09. 291 Section 8. For the purpose of incorporating the amendment 292 made by this act to section 311.09, Florida Statutes, in 293 references thereto, paragraph (a) of subsection (2), subsection 294 (3), and paragraph (a) of subsection (6) of section 311.12, 295 Florida Statutes, are reenacted to read: 296 311.12 Seaport security.— 297 (2) SECURITY PLAN.— 298 (a) Each seaport listed in s. 311.09 shall adopt and 299 maintain a security plan specific to that seaport which provides 300 for a secure seaport infrastructure that promotes the safety and 301 security of state residents and visitors and the flow of 302 legitimate trade and travel. 303 (3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 304 311.09 must clearly designate in seaport security plans, and 305 clearly identify with appropriate signs and markers on the 306 premises of a seaport, all secure and restricted areas as 307 defined by 33 C.F.R. part 105. 308 (a)1. All seaport employees and other persons working at 309 the seaport who have regular access to secure or restricted 310 areas must comply with federal access control regulations as 311 prescribed in this section. 312 2. All persons and objects in secure and restricted areas 313 are subject to search by a sworn state-certified law enforcement 314 officer, a Class D seaport security officer certified under 315 Maritime Transportation Security Act of 2002 guidelines, or an 316 employee of the seaport security force certified under the 317 Maritime Transportation Security Act of 2002 guidelines. 318 3. Persons found in these areas without the proper 319 permission are subject to the trespass provisions of ss. 810.08 320 and 810.09. 321 (b) The seaport must provide clear notice of the 322 prohibition against possession of concealed weapons and other 323 contraband material on the premises of the seaport. Any person 324 in a restricted area who has in his or her possession a 325 concealed weapon, or who operates or has possession or control 326 of a vehicle in or upon which a concealed weapon is placed or 327 stored, commits a misdemeanor of the first degree, punishable as 328 provided in s. 775.082 or s. 775.083. This paragraph does not 329 apply to active-duty certified federal or state law enforcement 330 personnel or persons so designated by the seaport director in 331 writing. 332 (c) During a period of high terrorist threat level, as 333 designated by the United States Department of Homeland Security, 334 the management or controlling authority of the port may 335 temporarily designate any part of the seaport property as a 336 secure or restricted area. The duration of such designation is 337 limited to the period in which the high terrorist threat level 338 is in effect or a port emergency exists. 339 (6) GRANT PROGRAM.— 340 (a) The Florida Seaport Transportation and Economic 341 Development Council shall establish a Seaport Security Grant 342 Program for the purpose of assisting in the implementation of 343 security plans and security measures at the seaports listed in 344 s. 311.09(1). Funds may be used for the purchase of equipment, 345 infrastructure needs, cybersecurity programs, and other security 346 measures identified in a seaport’s approved federal security 347 plan. Such grants may not exceed 75 percent of the total cost of 348 the request and are subject to legislative appropriation. 349 Section 9. For the purpose of incorporating the amendment 350 made by this act to section 311.09, Florida Statutes, in 351 references thereto, subsection (2) and paragraph (a) of 352 subsection (3) of section 311.121, Florida Statutes, are 353 reenacted to read: 354 311.121 Qualifications, training, and certification of 355 licensed security officers at Florida seaports.— 356 (2) The authority or governing board of each seaport 357 identified under s. 311.09 that is subject to the seaport 358 security standards referenced in s. 311.12 shall require that a 359 candidate for certification as a seaport security officer: 360 (a) Has received a Class D license as a security officer 361 under chapter 493. 362 (b) Has successfully completed the certified training 363 curriculum for a Class D license or has been determined by the 364 Department of Agriculture and Consumer Services to have 365 equivalent experience as established by rule of the department. 366 (c) Has completed the training or training equivalency and 367 testing process established by this section for becoming a 368 certified seaport security officer. 369 (3) The Seaport Security Officer Qualification, Training, 370 and Standards Coordinating Council is created under the 371 Department of Law Enforcement. 372 (a) The executive director of the Department of Law 373 Enforcement shall appoint 11 members to the council, to include: 374 1. The seaport administrator of the Department of Law 375 Enforcement. 376 2. The Commissioner of Education or his or her designee. 377 3. The director of the Division of Licensing of the 378 Department of Agriculture and Consumer Services. 379 4. The administrator of the Florida Seaport Transportation 380 and Economic Development Council. 381 5. Two seaport security directors from seaports designated 382 under s. 311.09. 383 6. One director of a state law enforcement academy. 384 7. One representative of a local law enforcement agency. 385 8. Two representatives of contract security services. 386 9. One representative of the Department of Highway Safety 387 and Motor Vehicles. 388 Section 10. For the purpose of incorporating the amendment 389 made by this act to section 311.09, Florida Statutes, in a 390 reference thereto, subsection (1) of section 311.14, Florida 391 Statutes, is reenacted to read: 392 311.14 Seaport planning.— 393 (1) The Department of Transportation shall develop, in 394 coordination with the ports listed in s. 311.09(1) and other 395 partners, a Statewide Seaport and Waterways System Plan. This 396 plan shall be consistent with the goals of the Florida 397 Transportation Plan developed pursuant to s. 339.155 and shall 398 consider needs identified in individual port master plans and 399 those from the seaport strategic plans required under this 400 section. The plan will identify 5-year, 10-year, and 20-year 401 needs for the seaport system and will include seaport, waterway, 402 road, and rail projects that are needed to ensure the success of 403 the transportation system as a whole in supporting state 404 economic development goals. 405 Section 11. For the purpose of incorporating the amendment 406 made by this act to section 311.09, Florida Statutes, in a 407 reference thereto, section 315.18, Florida Statutes, is 408 reenacted to read: 409 315.18 Confidentiality of certain records held by deepwater 410 ports.—Any proposal or counterproposal exchanged between a 411 deepwater port listed in s. 311.09(1) and any nongovernmental 412 entity, relating to the sale, use, or lease of land or of port 413 facilities, and any financial records submitted by any 414 nongovernmental entity to such a deepwater port for the purpose 415 of the sale, use, or lease of land or of port facilities, are 416 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 417 of the State Constitution. However, 30 days before any such 418 proposal or counterproposal is considered for approval by the 419 governing body of such a deepwater port, the proposal or 420 counterproposal shall cease to be exempt. If no proposal or 421 counterproposal is submitted to the governing body for approval, 422 such a proposal or counterproposal shall cease to be exempt 90 423 days after the cessation of negotiations. 424 Section 12. For the purpose of incorporating the amendment 425 made by this act to section 311.09, Florida Statutes, in 426 references thereto, subsections (3) and (4) of section 320.20, 427 Florida Statutes, are reenacted to read: 428 320.20 Disposition of license tax moneys.—The revenue 429 derived from the registration of motor vehicles, including any 430 delinquent fees and excluding those revenues collected and 431 distributed under the provisions of s. 320.081, must be 432 distributed monthly, as collected, as follows: 433 (3) Notwithstanding any other provision of law except 434 subsections (1) and (2), $15 million shall be deposited annually 435 into the State Transportation Trust Fund solely for the purposes 436 of funding the Florida Seaport Transportation and Economic 437 Development Program as provided in chapter 311. Such revenues 438 shall be distributed on a 50-50 matching basis to any port 439 listed in s. 311.09(1) to be used for funding projects as 440 described in s. 311.07(3)(b). Such revenues may be assigned, 441 pledged, or set aside as a trust for the payment of principal or 442 interest on bonds, tax anticipation certificates, or any other 443 form of indebtedness issued by an individual port or appropriate 444 local government having jurisdiction thereof, or collectively by 445 interlocal agreement among any of the ports, or used to purchase 446 credit support to permit such borrowings. However, such debt is 447 not a general obligation of the state. The state covenants with 448 holders of such revenue bonds or other instruments of 449 indebtedness issued that it will not repeal or impair or amend 450 in any manner that will materially and adversely affect the 451 rights of such holders so long as bonds authorized by this 452 section are outstanding. Any revenues that are not pledged to 453 the repayment of bonds authorized by this section may be used 454 for purposes authorized under the Florida Seaport Transportation 455 and Economic Development Program. This revenue source is in 456 addition to any amounts provided and appropriated in accordance 457 with s. 311.07. The Florida Seaport Transportation and Economic 458 Development Council shall approve the distribution of funds to 459 ports for projects that have been approved pursuant to s. 460 311.09(5)-(8). The council and the Department of Transportation 461 may perform acts required to facilitate and implement this 462 subsection. To better enable the ports to cooperate to their 463 mutual advantage, the governing body of each port may exercise 464 powers provided to municipalities or counties in s. 163.01(7)(d) 465 subject to chapter 311 and special acts, if any, pertaining to a 466 port. The use of funds provided pursuant to this subsection are 467 limited to eligible projects listed in this subsection. Income 468 derived from a project completed with the use of program funds, 469 beyond operating costs and debt service, is restricted solely to 470 further port capital improvements consistent with maritime 471 purposes. Use of such income for nonmaritime purposes is 472 prohibited. The revenues available under this subsection may not 473 be pledged to the payment of any bonds other than the Florida 474 Ports Financing Commission Series 1996 and Series 1999 Bonds 475 currently outstanding; however, such revenues may be pledged to 476 secure payment of refunding bonds to refinance the Florida Ports 477 Financing Commission Series 1996 and Series 1999 Bonds. 478 Refunding bonds secured by revenues available under this 479 subsection may not be issued with a final maturity later than 480 the final maturity of the Florida Ports Financing Commission 481 Series 1996 and Series 1999 Bonds or which provide for higher 482 debt service in any year than is currently payable on such 483 bonds. Any revenue bonds or other indebtedness issued after July 484 1, 2000, other than refunding bonds shall be issued by the 485 Division of Bond Finance at the request of the Department of 486 Transportation pursuant to the State Bond Act. 487 (4) Notwithstanding any other provision of law except 488 subsections (1), (2), and (3), $10 million shall be deposited 489 annually into the State Transportation Trust Fund solely for the 490 purposes of funding the Florida Seaport Transportation and 491 Economic Development Program as provided in chapter 311 and for 492 funding seaport intermodal access projects of statewide 493 significance as provided in s. 341.053. Such revenues shall be 494 distributed to any port listed in s. 311.09(1), to be used for 495 funding projects as follows: 496 (a) For any seaport intermodal access projects that are 497 identified in the 1997-1998 Tentative Work Program of the 498 Department of Transportation, up to the amounts needed to offset 499 the funding requirements of this section. 500 (b) For seaport intermodal access projects as described in 501 s. 341.053(6) which are identified in the 5-year Florida Seaport 502 Mission Plan as provided in s. 311.09(3). Funding for such 503 projects shall be on a matching basis as mutually determined by 504 the Florida Seaport Transportation and Economic Development 505 Council and the Department of Transportation if a minimum of 25 506 percent of total project funds come from any port funds, local 507 funds, private funds, or specifically earmarked federal funds. 508 (c) On a 50-50 matching basis for projects as described in 509 s. 311.07(3)(b). 510 (d) For seaport intermodal access projects that involve the 511 dredging or deepening of channels, turning basins, or harbors; 512 or the rehabilitation of wharves, docks, or similar structures. 513 Funding for such projects requires a 25 percent match of the 514 funds received pursuant to this subsection. Matching funds must 515 come from port funds, federal funds, local funds, or private 516 funds. 517 518 Such revenues may be assigned, pledged, or set aside as a trust 519 for the payment of principal or interest on bonds, tax 520 anticipation certificates, or other form of indebtedness issued 521 by an individual port or appropriate local government having 522 jurisdiction thereof, or collectively by interlocal agreement 523 among any of the ports, or used to purchase credit support to 524 permit such borrowings. However, such debt is not a general 525 obligation of the state. This state covenants with holders of 526 such revenue bonds or other instruments of indebtedness issued 527 hereunder that it will not repeal, impair, or amend this 528 subsection in a manner that will materially and adversely affect 529 the rights of holders while bonds authorized by this subsection 530 remain outstanding. Revenues that are not pledged to the 531 repayment of bonds as authorized by this section may be used for 532 purposes authorized under the Florida Seaport Transportation and 533 Economic Development Program. This revenue source is in addition 534 to any amounts provided for and appropriated in accordance with 535 s. 311.07 and subsection (3). The Florida Seaport Transportation 536 and Economic Development Council shall approve distribution of 537 funds to ports for projects that have been approved pursuant to 538 s. 311.09(5)-(8), or for seaport intermodal access projects 539 identified in the 5-year Florida Seaport Mission Plan as 540 provided in s. 311.09(3) and mutually agreed upon by the Florida 541 Seaport Transportation and Economic Development Council and the 542 Department of Transportation. All contracts for actual 543 construction of projects authorized by this subsection must 544 include a provision encouraging employment of participants in 545 the welfare transition program. The goal for such employment is 546 25 percent of all new employees employed specifically for the 547 project, unless the Department of Transportation and the Florida 548 Seaport Transportation and Economic Development Council 549 demonstrate that such a requirement would severely hamper the 550 successful completion of the project. In such an instance, 551 CareerSource Florida, Inc., shall establish an appropriate 552 percentage of employees who are participants in the welfare 553 transition program. The council and the Department of 554 Transportation may perform such acts as are required to 555 facilitate and implement the provisions of this subsection. To 556 better enable the ports to cooperate to their mutual advantage, 557 the governing body of each port may exercise powers provided to 558 municipalities or counties in s. 163.01(7)(d) subject to the 559 provisions of chapter 311 and special acts, if any, pertaining 560 to a port. The use of funds provided pursuant to this subsection 561 is limited to eligible projects listed in this subsection. The 562 revenues available under this subsection may not be pledged to 563 the payment of any bonds other than the Florida Ports Financing 564 Commission Series 1996 and Series 1999 Bonds currently 565 outstanding; however, such revenues may be pledged to secure 566 payment of refunding bonds to refinance the Florida Ports 567 Financing Commission Series 1996 and Series 1999 Bonds. 568 Refunding bonds secured by revenues available under this 569 subsection may not be issued with a final maturity later than 570 the final maturity of the Florida Ports Financing Commission 571 Series 1996 and Series 1999 Bonds and may not provide for higher 572 debt service in any year than is currently payable on such 573 bonds. Any revenue bonds or other indebtedness issued after July 574 1, 2000, other than refunding bonds shall be issued by the 575 Division of Bond Finance at the request of the Department of 576 Transportation pursuant to the State Bond Act. 577 Section 13. For the purpose of incorporating the amendment 578 made by this act to section 311.09, Florida Statutes, in a 579 reference thereto, subsection (1) of section 334.27, Florida 580 Statutes, is reenacted to read: 581 334.27 Governmental transportation entities; property 582 acquired for transportation purposes; limitation on soil or 583 groundwater contamination liability.— 584 (1) For the purposes of this section, the term 585 “governmental transportation entity” means the department; an 586 authority created pursuant to chapter 343, chapter 348, or 587 chapter 349; airports as defined in s. 332.004(14); a port 588 enumerated in s. 311.09(1); a county; or a municipality. 589 Section 14. For the purpose of incorporating the amendment 590 made by this act to section 311.09, Florida Statutes, in a 591 reference thereto, subsection (7) of section 337.14, Florida 592 Statutes, is reenacted to read: 593 337.14 Application for qualification; certificate of 594 qualification; restrictions; request for hearing.— 595 (7) A “contractor” as defined in s. 337.165(1)(d) or his or 596 her “affiliate” as defined in s. 337.165(1)(a) qualified with 597 the department under this section may not also qualify under s. 598 287.055 or s. 337.105 to provide testing services, construction, 599 engineering, and inspection services to the department. This 600 limitation does not apply to any design-build prequalification 601 under s. 337.11(7) and does not apply when the department 602 otherwise determines by written order entered at least 30 days 603 before advertisement that the limitation is not in the best 604 interests of the public with respect to a particular contract 605 for testing services, construction, engineering, and inspection 606 services. This subsection does not authorize a contractor to 607 provide testing services, or provide construction, engineering, 608 and inspection services, to the department in connection with a 609 construction contract under which the contractor is performing 610 any work. Notwithstanding any other provision of law to the 611 contrary, for a project that is wholly or partially funded by 612 the department and administered by a local governmental entity, 613 except for a seaport listed in s. 311.09 or an airport as 614 defined in s. 332.004, the entity performing design and 615 construction engineering and inspection services may not be the 616 same entity. 617 Section 15. For the purpose of incorporating the amendment 618 made by this act to section 311.09, Florida Statutes, in a 619 reference thereto, subsection (12) of section 373.406, Florida 620 Statutes, is reenacted to read: 621 373.406 Exemptions.—The following exemptions shall apply: 622 (12) An overwater pier, dock, or a similar structure 623 located in a deepwater port listed in s. 311.09 is not 624 considered to be part of a stormwater management system for 625 which this chapter or chapter 403 requires stormwater from 626 impervious surfaces to be treated if: 627 (a) The port has a stormwater pollution prevention plan for 628 industrial activities pursuant to the National Pollutant 629 Discharge Elimination System Program; and 630 (b) The stormwater pollution prevention plan also provides 631 similar pollution prevention measures for other activities that 632 are not subject to the National Pollutant Discharge Elimination 633 System Program and that occur on the port’s overwater piers, 634 docks, and similar structures. 635 Section 16. For the purpose of incorporating the amendment 636 made by this act to section 311.09, Florida Statutes, in 637 references thereto, subsections (2) and (10) of section 638 373.4133, Florida Statutes, are reenacted to read: 639 373.4133 Port conceptual permits.— 640 (2) Any port listed in s. 311.09(1) may apply to the 641 department for a port conceptual permit, including any 642 applicable authorization under chapter 253 to use sovereignty 643 submerged lands under a joint coastal permit pursuant to s. 644 161.055 or an environmental resource permit issued pursuant to 645 this part, for all or a portion of the area within the 646 geographic boundaries of the port. A private entity with a 647 controlling interest in property used for private industrial 648 marine activities in the immediate vicinity of a port listed in 649 s. 311.09(1) may also apply for a port conceptual permit under 650 this section. A port conceptual permit may be issued for a 651 period of up to 20 years and extended one time for an additional 652 10 years. A port conceptual permit constitutes the state’s 653 conceptual certification of compliance with state water quality 654 standards for purposes of s. 401 of the Clean Water Act and the 655 state’s conceptual determination that the activities contained 656 in the port conceptual permit are consistent with the state 657 coastal zone management program. 658 (10) In lieu of meeting the generally applicable stormwater 659 design standards in rules adopted under this part, which create 660 a presumption that stormwater discharged from the system will 661 meet the applicable state water quality standards in the 662 receiving waters, any port listed in s. 311.09(1) may propose 663 alternative stormwater treatment and design criteria for the 664 construction, operation, and maintenance of stormwater 665 management systems serving overwater piers. The proposal shall 666 include such structural components or best management practices 667 to address the stormwater discharge from the pier, including 668 consideration of activities conducted on the pier, as are 669 necessary to provide reasonable assurance that stormwater 670 discharged from the system will meet the applicable state water 671 quality standards in the receiving waters. 672 Section 17. For the purpose of incorporating the amendment 673 made by this act to section 311.09, Florida Statutes, in a 674 reference thereto, paragraph (d) of subsection (6) of section 675 373.4136, Florida Statutes, is reenacted to read: 676 373.4136 Establishment and operation of mitigation banks.— 677 (6) MITIGATION SERVICE AREA.—The department or water 678 management district shall establish a mitigation service area 679 for each mitigation bank permit. The department or water 680 management district shall notify and consider comments received 681 on the proposed mitigation service area from each local 682 government within the proposed mitigation service area. Except 683 as provided herein, mitigation credits may be withdrawn and used 684 only to offset adverse impacts in the mitigation service area. 685 The boundaries of the mitigation service area shall depend upon 686 the geographic area where the mitigation bank could reasonably 687 be expected to offset adverse impacts. Mitigation service areas 688 may overlap, and mitigation service areas for two or more 689 mitigation banks may be approved for a regional watershed. 690 (d) If the requirements in s. 373.414(1)(b) and (8) are 691 met, the following projects or activities regulated under this 692 part shall be eligible to use a mitigation bank, regardless of 693 whether they are located within the mitigation service area: 694 1. Projects with adverse impacts partially located within 695 the mitigation service area. 696 2. Linear projects, such as roadways, transmission lines, 697 distribution lines, pipelines, railways, or seaports listed in 698 s. 311.09(1). 699 3. Projects with total adverse impacts of less than 1 acre 700 in size. 701 Section 18. For the purpose of incorporating the amendment 702 made by this act to section 311.09, Florida Statutes, in 703 references thereto, subsections (38) and (39) of section 704 403.061, Florida Statutes, are reenacted to read: 705 403.061 Department; powers and duties.—The department shall 706 have the power and the duty to control and prohibit pollution of 707 air and water in accordance with the law and rules adopted and 708 promulgated by it and, for this purpose, to: 709 (38) Provide a supplemental permitting process for the 710 issuance of a joint coastal permit pursuant to s. 161.055 or 711 environmental resource permit pursuant to part IV of chapter 712 373, to a port listed in s. 311.09(1), for maintenance dredging 713 and the management of dredged materials from maintenance 714 dredging of all navigation channels, port harbors, turning 715 basins, and harbor berths. Such permit shall be issued for a 716 period of 5 years and shall be annually extended for an 717 additional year if the port is in compliance with all permit 718 conditions at the time of extension. The department is 719 authorized to adopt rules to implement this subsection. 720 (39) Provide a supplemental permitting process for the 721 issuance of a conceptual joint coastal permit pursuant to s. 722 161.055 or environmental resource permit pursuant to part IV of 723 chapter 373, to a port listed in s. 311.09(1), for dredging and 724 the management of materials from dredging and for other related 725 activities necessary for development, including the expansion of 726 navigation channels, port harbors, turning basins, harbor 727 berths, and associated facilities. Such permit shall be issued 728 for a period of up to 15 years. The department is authorized to 729 adopt rules to implement this subsection. 730 731 The department shall implement such programs in conjunction with 732 its other powers and duties and shall place special emphasis on 733 reducing and eliminating contamination that presents a threat to 734 humans, animals or plants, or to the environment. 735 Section 19. This act shall take effect July 1, 2022.