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 17
   55  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.