HB 907 — Florida Seaport Transportation and Economic Development Council

The construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, automated people mover systems, or any facilities necessary or useful in connection with any of the foregoing.

Construction or rehabilitation of port facilities as definedPage in9of s.30 CODING:

315.02, excluding any park or recreational facilities, in ports listed in s.

311.09(1) with operating revenues of $5 million or less, provided that such projects create economic development opportunities, capital improvements, Page 9of 30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 anddefined positivein financials. returns to such ports.

315.02, excluding any park or recreational facilities, in ports listed in s.

311.09(1) with operating revenues of $5 million or less, provided that such projects create economic development opportunities, capital improvements, and positive financial returns to such ports.

Beginning in fiscalPage year10 2012-2013,of30 aCODING: minimum of $35 million annually shall be made available from the State Transportation Trust Fund to fund the Strategic Port Investment Initiative.

The Department of Transportation shall work with the deepwater ports listed in s.

Page 10 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 311.09fiscal toyear develop2012-2013, anda maintainminimum aof priority$35 listmillion ofannually strategicshall investmentbe projects.made available from the State Transportation Trust Fund to fund the Strategic Port Investment Initiative.

The Department of Transportation shall work with the deepwater ports listed in s.

311.09 to develop and maintain a priority list of strategic investment projects.

Section 7.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in a reference thereto, subsection (2) of section 311.101, Florida Statutes, is reenacted to read:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 311.101Section Intermodal7. Logistics Center Infrastructure Support Program.— (2) For the purposes of this section, the term "intermodal logistics center," including, but not limited to, an "inland port," means a facility or group of facilities serving as a point of intermodal transfer of freight in a specific area physically separated from a seaport where activities relating to transport, logistics, goods distribution, consolidation, or value-added activities are carried out and whose activities and services are designed to support or be supported by conveyance or shipping through one or more seaports listed in s.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in a reference thereto, subsection (2) of section 311.101, Florida Statutes, is reenacted to read:

311.101 Intermodal Logistics Center Infrastructure Support Program.— (2) For the purposes of this section, the term "intermodal logistics center," including, but not limited to, an "inland port," means a facility or group of facilities serving as a point of intermodal transfer of freight in a specific area physically separated from a seaport where activities relating to transport, logistics, goods distribution, consolidation, or value-added activities are carried out and whose activities and services are designed to support or be supported by conveyance or shipping through one or more seaports listed in s.

311.09 shall adopt and maintain a security plan specific to that seaport which provides for a secure seaport infrastructure that promotes the safety and securityPage of12 stateof30 residentsCODING: and visitors and the flow of legitimate trade and travel.

(3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.

311.09 must clearly designate in seaport security plans, and Page 12 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 clearlysecurity identifyof withstate appropriateresidents signs and markersvisitors onand the premisesflow of alegitimate seaport,trade all secure and restrictedtravel. areas as defined by 33 C.F.R.

(3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.

311.09 must clearly designate in seaport security plans, and clearly identify with appropriate signs and markers on the premises of a seaport, all secure and restricted areas as defined by 33 C.F.R.

Any person in a restricted area who has in his or her possession a concealed weapon, or who operates or has possession or control ofPage a13 vehicleof30 inCODING: or upon which a concealed weapon is placed or stored, commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

This paragraph does not apply to active-duty certified federal or state law enforcement Page 13 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 personnelof a vehicle in or personsupon sowhich designateda byconcealed weapon is placed or stored, commits a misdemeanor of the seaportfirst directordegree, punishable as provided in writing.s.

775.082 or s.

775.083.

This paragraph does not apply to active-duty certified federal or state law enforcement personnel or persons so designated by the seaport director in writing.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in referencesPage thereto,14 subsectionof30 (2)CODING: and paragraph (a) of subsection (3) of section 311.121, Florida Statutes, are reenacted to read:

311.121 Qualifications, training, and certification of Page 14 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 licensedreferences securitythereto, officerssubsection at(2) Floridaand seaports.—paragraph (2)(a) Theof authoritysubsection or(3) governingof boardsection of311.121, eachFlorida seaportStatutes, identifiedare underreenacted s.to read:

311.121 Qualifications, training, and certification of licensed security officers at Florida seaports.— (2) The authority or governing board of each seaport identified under s.

2.Page 15 of30 CODING:

Words strickenare deletions;

words underlined are additions.

hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB907 2022 2.

The administrator of the Florida Seaport Transportation Pageand 15Economic of30Development CODING:Council.

Words strickenare deletions;

words underlined are additions.

hb0907-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907 2022 and Economic Development Council.

The plan will identify 5-year, 10-year, and 20-year needsPage for16 theof30 seaportCODING: system and will include seaport, waterway, road, and rail projects that are needed to ensure the success of the transportation system as a whole in supporting state economic development goals.

Page 16 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 Sectionneeds 11.for the seaport system and will include seaport, waterway, road, and rail projects that are needed to ensure the success of the transportation system as a whole in supporting state economic development goals.

Section 11.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in referencesPage thereto,17 subsectionsof30 (3)CODING: and (4) of section 320.20, Florida Statutes, are reenacted to read:

320.20 Disposition of license tax moneys.—The revenue derived from the registration of motor vehicles, including any Page 17 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 delinquentreferences feesthereto, andsubsections excluding(3) thoseand revenues(4) collectedof andsection distributed320.20, underFlorida theStatutes, provisionsare ofreenacted s.to read:

320.20 Disposition of license tax moneys.—The revenue derived from the registration of motor vehicles, including any delinquent fees and excluding those revenues collected and distributed under the provisions of s.

The state covenants with holders of such revenue bonds or other instruments of indebtedness issued that it will not repeal or impair or amend in any manner that will materially and adversely affect the rightsPage of18 suchof30 holdersCODING: so long as bonds authorized by this section are outstanding.

Any revenues that are not pledged to the repayment of bonds authorized by this section may be used for purposes authorized under the Florida Seaport Transportation Page 18 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 andrights Economicof Developmentsuch Program.holders so long as bonds authorized by this section are outstanding.

Any revenues that are not pledged to the repayment of bonds authorized by this section may be used for purposes authorized under the Florida Seaport Transportation and Economic Development Program.

however, such revenues may be pledged to securePage payment19 ofof30 refundingCODING: bonds to refinance the Florida Ports Financing Commission Series 1996 and Series 1999 Bonds.

Refunding bonds secured by revenues available under this subsection may not be issued with a final maturity later than Page 19 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 thesecure finalpayment maturity of refunding bonds to refinance the Florida Ports Financing Commission Series 1996 and Series 1999 BondsBonds. or which provide for higher debt service in any year than is currently payable on such bonds.

Refunding bonds secured by revenues available under this subsection may not be issued with a final maturity later than the final maturity of the Florida Ports Financing Commission Series 1996 and Series 1999 Bonds or which provide for higher debt service in any year than is currently payable on such bonds.

(b) For seaport intermodal access projects as described in s.Page 20 of30 CODING:

341.053(6) which are identified in the 5-year Florida Seaport Mission Plan as provided in s.

311.09(3).

Funding for such projects shall be on a matching basis as mutually determined by the Florida Seaport Transportation and Economic Development Page 20 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 Councils. and the Department of Transportation if a minimum of 25 percent of total project funds come from any port funds, local funds, private funds, or specifically earmarked federal funds.

341.053(6) which are identified in the 5-year Florida Seaport Mission Plan as provided in s.

311.09(3).

Funding for such projects shall be on a matching basis as mutually determined by the Florida Seaport Transportation and Economic Development Council and the Department of Transportation if a minimum of 25 percent of total project funds come from any port funds, local funds, private funds, or specifically earmarked federal funds.

This state covenants with holders of such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal, impair, or amend this subsection in a manner that will materially and adversely affect the rights of holders while bonds authorized by this subsection Page 21 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 such revenue bonds or other instruments of indebtedness issued hereunder that it will not repeal, impair, or amend this subsection in a manner that will materially and adversely affect the rights of holders while bonds authorized by this subsection remain outstanding.

In such an instance, CareerSourcePage Florida,22 Inc.,of30 shallCODING: establish an appropriate percentage of employees who are participants in the welfare transition program.

The council and the Department of Transportation may perform such acts as are required to Page 22 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 facilitateCareerSource andFlorida, implementInc., theshall provisionsestablish an appropriate percentage of thisemployees subsection.who are participants in the welfare transition program.

The council and the Department of Transportation may perform such acts as are required to facilitate and implement the provisions of this subsection.

Any revenue bonds or other indebtedness issued after July 1, 2000, other than refunding bonds shall be issued by the Division of Bond Finance at the request of the Department of TransportationPage pursuant23 toof30 theCODING: State Bond Act.

Section 13.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in a reference thereto, subsection (1) of section 334.27, Florida Page 23 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 Statutes,Transportation ispursuant reenacted to read:the State Bond Act.

Section 13.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in a reference thereto, subsection (1) of section 334.27, Florida Statutes, is reenacted to read:

This limitation does not apply to any design-build prequalification underPage s.24 of30 CODING:

337.11(7) and does not apply when the department otherwise determines by written order entered at least 30 days before advertisement that the limitation is not in the best interests of the public with respect to a particular contract Page 24 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 forunder testings. services, construction, engineering, and inspection services.

337.11(7) and does not apply when the department otherwise determines by written order entered at least 30 days before advertisement that the limitation is not in the best interests of the public with respect to a particular contract for testing services, construction, engineering, and inspection services.

311.09 is not considered to be part of a stormwater management system for which this chapter or chapter 403 requires stormwater from imperviousPage surfaces25 toof30 beCODING: treated if:

(a) The port has a stormwater pollution prevention plan for industrial activities pursuant to the National Pollutant Discharge Elimination System Program;

and Page 25 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 (b)impervious Thesurfaces stormwater pollution prevention plan also provides similar pollution prevention measures for other activities that are not subject to thebe Nationaltreated Pollutantif: Discharge Elimination System Program and that occur on the port's overwater piers, docks, and similar structures.

(a) The port has a stormwater pollution prevention plan for industrial activities pursuant to the National Pollutant Discharge Elimination System Program;

and (b) The stormwater pollution prevention plan also provides similar pollution prevention measures for other activities that are not subject to the National Pollutant Discharge Elimination System Program and that occur on the port's overwater piers, docks, and similar structures.

A port conceptual permit may be issued for a periodPage of26 upof30 toCODING: 20 years and extended one time for an additional 10 years.

A port conceptual permit constitutes the state's conceptual certification of compliance with state water quality standards for purposes of s.

401 of the Clean Water Act and the Page 26 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 state'speriod conceptualof determinationup thatto the20 activitiesyears containedand inextended theone porttime conceptualfor permitan areadditional consistent10 withyears. the state coastal zone management program.

A port conceptual permit constitutes the state's conceptual certification of compliance with state water quality standards for purposes of s.

401 of the Clean Water Act and the state's conceptual determination that the activities contained in the port conceptual permit are consistent with the state coastal zone management program.

373.4136Page Establishment27 andof30 operationCODING: of mitigation banks.— (6) MITIGATION SERVICE AREA.—The department or water management district shall establish a mitigation service area for each mitigation bank permit.

The department or water Page 27 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 management373.4136 districtEstablishment shall notify and consideroperation commentsof receivedmitigation onbanks.— the(6) proposedMITIGATION mitigationSERVICE serviceAREA.—The areadepartment fromor eachwater localmanagement governmentdistrict withinshall theestablish proposeda mitigation service area.area for each mitigation bank permit.

The department or water management district shall notify and consider comments received on the proposed mitigation service area from each local government within the proposed mitigation service area.

Section 18.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in references thereto, subsections (38) and (39) of section 403.061, Florida Statutes, are reenacted to read:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 403.061Section Department;18.

For the purpose of incorporating the amendment made by this act to section 311.09, Florida Statutes, in references thereto, subsections (38) and (39) of section 403.061, Florida Statutes, are reenacted to read:

403.061 Department;

311.09(1), for dredging and the management of materials from dredging and for other related activities necessary for development, including the expansion of navigationPage channels,29 portof30 harbors,CODING: turning basins, harbor berths, and associated facilities.

Such permit shall be issued for a period of up to 15 years.

The department is authorized to adopt rules to implement this subsection.

Page 29 of30 CODING:

hb0907-00hb0907-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB907CS/HB907 2022 Thenavigation departmentchannels, shallport implementharbors, suchturning programsbasins, inharbor conjunctionberths, with its other powers and dutiesassociated andfacilities. shall place special emphasis on reducing and eliminating contamination that presents a threat to humans, animals or plants, or to the environment.

Such permit shall be issued for a period of up to 15 years.

The department is authorized to adopt rules to implement this subsection.

The department shall implement such programs in conjunction with its other powers and duties and shall place special emphasis on reducing and eliminating contamination that presents a threat to humans, animals or plants, or to the environment.

hb0907-00hb0907-01-c1