SB 426 — State Preemption of Seaport Regulations

Florida Senate - 2021 CS for CS for SB 426 By the CommitteesCommittee on CommunityTransportation; Affairs;

and Transportation;Senator Boyd 596-02654-21 2021426c1 A bill to be entitled An act relating to state preemption of seaport regulations;

and Senator Boyd 578-03314-21 2021426c2 A bill to be entitled An act relating to state preemption of seaport regulations;

providing that suchcertain a local ballotinitiatives initiative, referendum, or actionreferendums adoptedrelating thereinto issuch prohibited,restrictions void,are prohibited and expresslyvoid; preempted to the state;

prohibiting certain municipalities and certainmunicipal special districts from restrictingadopting specified restrictions or regulations on maritime commerce in the seaports of this state with respect to any federally authorized passenger cruise vessel;

providing that certain local actions relating to such restrictions areor prohibited,regulations void,are prohibited and expresslyvoid; preempted to the state;

providing applicability;

clarifying remaining authority of certain local entities;

2018 WHEREAS, maritime commerce between and among seaports, both foreign and domestic, is the subject of extensive federal and state regulation designed to protect the marine environment and the health, safety, and welfare of the general public and those involved in conducting that commerce, and WHEREAS, the economic impact of a seaport extends far beyond the boundaries of the local jurisdiction in which the port is located, materially contributing to the economies of multiple cities and counties within the region and to the economy of this state as a whole, and WHEREAS, Florida seaports currently generate nearly 900,000 direct and indirect jobs and contribute $117.6 billion in economic value to this state through cargo and cruise activities, accounting for approximately 13 percent of this state’s gross domestic product and $4.2 billion in state and local taxes, and WHEREAS, because this state is a peninsula, much of this state is highly dependent upon the unimpeded flow of maritime commerce through its seaports, which is made even more critical when this state is threatened or impacted by natural disasters, such as tropical storms and hurricanes, and WHEREAS, because of its geographic location, this state is a hub for global maritime commerce and is uniquely positioned to capture an even larger share of this commerce as global trade routes shift, and WHEREAS, the international, national, statewide, and regional importance of Florida seaports has long been recognized in federal and state law with respect to the regulation, planning, and public financing of seaport operations and facilities, and WHEREAS, this state is widely known as the cruise capital of the world, and the cruise industry is vital to this state’s economy, contributing more than $9 billion in direct spending on an annual basis and supporting 159,000 jobs with more than $8 billion in total wages and salaries before the current pandemic, and WHEREAS, 8.3 million passengers boarded cruises from one of this state’s five cruise ports in 2019, accounting for 60 percent of embarkations in the United States, generating 11 million passenger and crew onshore visits in both home port and transit port calls in this state, and WHEREAS, allowing a ballotvoter initiative or referendum in each local seaport jurisdiction to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in the supply lines bringing goods into and out of this state and therefore could reasonably be expected to suppress such commerce and potentially drive it out of the port and out of this state in search of a more consistent and predictable operating environment, thus disrupting this state’s economy and threatening the public’s health, safety, and welfare, and WHEREAS, allowing a ballotvoter initiative or referendum in each local seaport jurisdiction to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in vessel traffic, frustrating the multiyear planning process for all Florida seaports and the assumptions and forecasts underlying federal and state financing of port improvement projects, and WHEREAS, there are similar concerns regarding the capacity of a municipality andor certainmunicipal special districtsdistrict to impose such requirements on the maritime commerce conducted in a port, as the more limited geographic and political scope of a municipality andor certainmunicipal special districtsdistrict may make such entity less sensitive to the negative impact of such requirements on neighboring municipalities and on the county, region, and state, and WHEREAS, many local economies in this state depend heavily on tourism, on which the surrounding politics can be particularly complex at thea municipal level, which significantly heightensheightening concernsthe thatconcern surroundingof municipalities and certainmunicipal special districts maythat imposeplace local requirements affectingon passenger cruise vessels or cruise lines, and WHEREAS, in light of these potential negative impacts, the permissible scope of local ballotvoter initiatives or referendums and of the powers of a municipality andor certainmunicipal special districtsdistrict must be appropriately limited, NOW, THEREFORE, 9694 Be It Enacted by the Legislature of the State of Florida:

9896 Section 1. Section 311.25, Florida Statutes, is created to read:

(b) Any local ballot initiative or referendum, or any local law, charter amendment, ordinance, resolution, regulation, or policy adopted in a local ballot initiative or referendum, in violation of paragraphthis (a)subsection which was adopted before, on, or after the effective date of this act is prohibited,prohibited void, and expresslyvoid. preempted to the state.

(2)(a) A(2)(a) Except municipalityfor ora politicalmunicipality subdivisionthat thereof,is oralso a specialcounty districtas otherdefined than one established for port management by special act of the Legislature, may not restrict maritime commerce in thes. seaports of this state with respect to any federally authorized passenger cruise vessel, including, but not limited to, a restriction based on any of the following:

1. Vessel125.011(1), type,a size,municipality number,or political subdivision thereof or capacity,a exceptspecial whendistrict within the port,boundaries byof virtuea ofsingle themunicipality physicalmay limitationsnot ofrestrict itsmaritime docking,commerce berthing,in orthe navigationalseaports capabilities,of isthis unablestate with respect to accommodateany afederally authorized passenger cruise vessel pursuantbased toon applicableany federalof orthe statefollowing: laws or regulations.

1. Vessel type, size, number, or capacity, except when the port is physically unable to accommodate a passenger cruise vessel pursuant to applicable federal or state laws or regulations.

(b) Any provision of a law, a charter, an ordinance, a resolution, a regulation, a policy, an initiative, or a referendum which is in conflict with paragraphthis (a)subsection and which existed before, on, or after the effective date of this act is prohibited,prohibited void, and expresslyvoid. preempted to the state.

(c) This subsection does not apply to a municipality the government of which has been consolidated with that of a county or to a municipal government that is a county as defined in s.

125.011(1).

(d) Except as provided in paragraph (a), this subsection does not otherwise limit the authority of a subject municipality, political subdivision thereof, or special district to:

1. Engage in any activity authorized under this chapter, chapter 315, s.

313.22, or s.

313.23, including those surrounding the continued operation and development of the port and port facilities and the implementation of seaport security measures pursuant to ss.

311.12-311.124.

2. Issue and enforce tariffs properly filed with the Federal Maritime Commission.

3. Enter into leases, terminal agreements, or other contracts with tenants, customers, and other users of port facilities.