Bill Text: FL H0399 | 2011 | Regular Session | Comm Sub

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Bill Title: Infrastructure Investment

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1002 [H0399 Detail]

Download: Florida-2011-H0399-Comm_Sub.html

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CS/CS/CS/HB 399

1	A bill to be entitled
2	An act relating to infrastructure investment; amending s.
3	20.23, F.S.; requiring the Secretary of Transportation to
4	designate duties relating to certain investment
5	opportunities and transportation projects to an assistant
6	secretary; amending s. 311.09, F.S.; revising requirements
7	for the inclusion of certain goals and objectives in the
8	Florida Seaport Mission Plan; requiring the Florida
9	Seaport Transportation and Economic Development Council to
10	develop a priority list of projects and submit the list to
11	the Department of Transportation; amending s. 311.14,
12	F.S.; requiring certain ports to develop strategic plans;
13	providing criteria for such plans; requiring such plans to
14	be consistent with local government comprehensive plans;
15	requiring such plans to be submitted to the Florida
16	Seaport Transportation and Economic Development Council;
17	requiring the Florida Seaport Transportation and Economic
18	Development Council to review such plans and include
19	related information in the Florida Seaport Mission Plan;
20	amending s. 339.155, F.S.; clarifying and revising the
21	principles on which the Florida Transportation Plan is
22	based; amending s. 339.63, F.S.; adding certain existing
23	and planned facilities to the list of facilities included
24	in the Strategic Intermodal System and the Emerging
25	Strategic Intermodal System; amending s. 373.406, F.S.;
26	exempting overwater piers, docks, and structures located
27	in deepwater ports from stormwater management system
28	requirements under specified conditions; amending s.
29	373.4133, F.S.; requiring the Department of Environmental
30	Protection to approve or deny an application for a port
31	conceptual permit within a specified time; providing a
32	limitation for the request of additional information from
33	an applicant by the department; providing that failure of
34	an applicant to respond to such a request within a
35	specified time constitutes withdrawal of the application;
36	providing that a third party who challenge the issuance of
37	a port conceptual permit has the burden of ultimate
38	persuasion and the burden of going forward with evidence;
39	amending s. 403.813, F.S.; exempting specified seaports
40	and inland navigation districts from requirements to
41	conduct maintenance dredging under certain conditions;
42	excluding ditches, pipes, and similar linear conveyances
43	from consideration as receiving waters for the disposal of
44	dredged materials; authorizing public ports and inland
45	navigation districts to use sovereignty submerged lands in
46	connection with maintenance dredging; authorizing the
47	disposal of spoil material on specified sites; providing
48	an exemption from permitting requirements for sites that
49	meet specified criteria; requiring notice to the
50	Department of Environmental Protection of intent to use
51	the exemption; providing an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Paragraph (d) of subsection (1) of section
56	20.23, Florida Statutes, is amended to read:
57	20.23  Department of Transportation.-There is created a
58	Department of Transportation which shall be a decentralized
59	agency.
60	(1)
61	(d)  The secretary may appoint up to three assistant
62	secretaries who shall be directly responsible to the secretary
63	and who shall perform such duties as are assigned by the
64	secretary. The secretary shall designate to an assistant
65	secretary the duties related to enhancing economic prosperity,
66	including, but not limited to, the responsibility of liaison
67	with the head of economic development in the Executive Office of
68	the Governor. Such assistant secretary shall be directly
69	responsible for providing the Executive Office of the Governor
70	with investment opportunities and transportation projects that
71	expand the state's role as a global hub for trade and investment
72	and enhance the supply chain system in the state to process,
73	assemble, and ship goods to markets throughout the eastern
74	United States, Canada, the Caribbean, and Latin America. The
75	secretary may delegate to any assistant secretary the authority
76	to act in the absence of the secretary.
77	Section 2.  Subsection (3) of section 311.09, Florida
78	Statutes, is amended to read:
79	311.09  Florida Seaport Transportation and Economic
80	Development Council.-
81	(3)  The council shall prepare a 5-year Florida Seaport
82	Mission Plan defining the goals and objectives of the council
83	concerning the development of port facilities and an intermodal
84	transportation system consistent with the goals of the Florida
85	Transportation Plan developed pursuant to s. 339.155. The
86	Florida Seaport Mission Plan shall include specific
87	recommendations for the construction of transportation
88	facilities connecting any port to another transportation mode
89	and for the efficient, cost-effective development of
90	transportation facilities or port facilities for the purpose of
91	enhancing international trade, promoting cargo flow, increasing
92	cruise passenger movements, increasing port revenues, and
93	providing economic benefits to the state. The council shall
94	develop a priority list of projects based on these
95	recommendations annually and submit the list to the Department
96	of Transportation. The council shall update the 5-year Florida
97	Seaport Mission Plan annually and shall submit the plan no later
98	than February 1 of each year to the President of the Senate; the
99	Speaker of the House of Representatives; the Office of Tourism,
100	Trade, and Economic Development; the Department of
101	Transportation; and the Department of Community Affairs. The
102	council shall develop programs, based on an examination of
103	existing programs in Florida and other states, for the training
104	of minorities and secondary school students in job skills
105	associated with employment opportunities in the maritime
106	industry, and report on progress and recommendations for further
107	action to the President of the Senate and the Speaker of the
108	House of Representatives annually.
109	Section 3.  Section 311.14, Florida Statutes, is amended to
110	read:
111	311.14  Seaport freight-mobility planning.-
112	(1)  The Florida Seaport Transportation and Economic
113	Development Council, in cooperation with the Office of the State
114	Public Transportation Administrator within the Department of
115	Transportation, shall develop freight-mobility and trade-
116	corridor plans to assist in making freight-mobility investments
117	that contribute to the economic growth of the state. Such plans
118	should enhance the integration and connectivity of the
119	transportation system across and between transportation modes
120	throughout Florida for people and freight.
121	(2)  The Office of the State Public Transportation
122	Administrator shall act to integrate freight-mobility and trade-
123	corridor plans into the Florida Transportation Plan developed
124	pursuant to s. 339.155 and into the plans and programs of
125	metropolitan planning organizations as provided in s. 339.175.
126	The office may also provide assistance in expediting the
127	transportation permitting process relating to the construction
128	of seaport freight-mobility projects located outside the
129	physical borders of seaports. The Department of Transportation
130	may contract, as provided in s. 334.044, with any port listed in
131	s. 311.09(1) or any such other statutorily authorized seaport
132	entity to act as an agent in the construction of seaport
133	freight-mobility projects.
134	(3)  Each port shall develop a strategic plan with a 10-
135	year horizon. Each plan must include the following:
136	(a)  An economic development component that identifies
137	targeted business opportunities for increasing business and
138	attracting new business for which a particular facility has a
139	strategic advantage over its competitors, identifies financial
140	resources and other inducements to encourage growth of existing
141	business and acquisition of new business, and provides a
142	projected schedule for attainment of the plan's goals.
143	(b)  An infrastructure development and improvement
144	component that identifies all projected infrastructure
145	improvements within the plan area which require improvement,
146	expansion, or development in order for a port to attain a
147	strategic advantage for competition with national and
148	international competitors.
149	(c)  A component that identifies all intermodal
150	transportation facilities, including sea, air, rail, or road
151	facilities, which are available or have potential, with
152	improvements, to be available for necessary national and
153	international commercial linkages and provides a plan for the
154	integration of port, airport, and railroad activities with
155	existing and planned transportation infrastructure.
156	(d)  A component that identifies physical, environmental,
157	and regulatory barriers to achievement of the plan's goals and
158	provides recommendations for overcoming those barriers.
159	(e)  An intergovernmental coordination component that
160	specifies modes and methods to coordinate plan goals and
161	missions with the missions of the Department of Transportation,
162	other state agencies, and affected local, general-purpose
163	governments.
164
165	To the extent feasible, the port strategic plan must be
166	consistent with the local government comprehensive plans of the
167	units of local government in which the port is located. Upon
168	approval of a plan by the port's board, the plan shall be
169	submitted to the Florida Seaport Transportation and Economic
170	Development Council.
171	(4)  The Florida Seaport Transportation and Economic
172	Development Council shall review the strategic plans submitted
173	by each port and prioritize strategic needs for inclusion in the
174	Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
175	Section 4.  Subsection (1) of section 339.155, Florida
176	Statutes, is amended to read:
177	339.155  Transportation planning.-
178	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
179	develop and annually update a statewide transportation plan, to
180	be known as the Florida Transportation Plan. The plan shall be
181	designed so as to be easily read and understood by the general
182	public. The plan shall consider the needs of the entire state
183	transportation system and examine the use of all modes of
184	transportation to effectively and efficiently meet such needs.
185	The purpose of the Florida Transportation Plan is to establish
186	and define the state's long-range transportation goals and
187	objectives to be accomplished over a period of at least 20 years
188	within the context of the State Comprehensive Plan, and any
189	other statutory mandates and authorizations and based upon the
190	prevailing principles of:
191	(a)  Preserving the existing transportation
192	infrastructure.;
193	(b)  Enhancing Florida's economic competitiveness.; and
194	(c)  Improving travel choices to ensure mobility.
195	(d)  Expanding the state's role as a hub for trade and
196	investment. The Florida Transportation Plan shall consider the
197	needs of the entire state transportation system and examine the
198	use of all modes of transportation to effectively and
199	efficiently meet such needs.
200	Section 5.  Subsection (2) of section 339.63, Florida
201	Statutes, is amended to read:
202	339.63  System facilities designated; additions and
203	deletions.-
204	(2)  The Strategic Intermodal System and the Emerging
205	Strategic Intermodal System include four three different types
206	of facilities that each form one component of an interconnected
207	transportation system which types include:
208	(a)  Existing or planned hubs that are ports and terminals
209	including airports, seaports, spaceports, passenger terminals,
210	and rail terminals serving to move goods or people between
211	Florida regions or between Florida and other markets in the
212	United States and the rest of the world.;
213	(b)  Existing or planned corridors that are highways, rail
214	lines, waterways, and other exclusive-use facilities connecting
215	major markets within Florida or between Florida and other states
216	or nations.; and
217	(c)  Existing or planned intermodal connectors that are
218	highways, rail lines, waterways or local public transit systems
219	serving as connectors between the components listed in
220	paragraphs (a) and (b).
221	(d)  Existing or planned facilities that significantly
222	improve the state's competitive position to compete for the
223	movement of additional goods into and through this state.
224	Section 6.  Subsection (12) is added to section 373.406,
225	Florida Statutes, to read:
226	373.406  Exemptions.-The following exemptions shall apply:
227	(12)  An overwater pier, dock, or a similar structure
228	located in a deepwater port listed in s. 311.09 is not
229	considered to be part of a stormwater management system for
230	which this chapter or chapter 403 requires stormwater from
231	impervious surfaces to be treated if:
232	(a)  The port has a stormwater pollution prevention plan
233	for industrial activities pursuant to the National Pollutant
234	Discharge Elimination System Program; and
235	(b)  The stormwater pollution prevention plan also provides
236	similar pollution prevention measures for other activities that
237	are not subject to the National Pollutant Discharge Elimination
238	System Program and that occur on the port's overwater piers,
239	docks, and similar structures.
240	Section 7.  Paragraph (a) of subsection (8) of section
241	373.4133, Florida Statutes, is amended to read:
242	373.4133  Port conceptual permits.-
243	(8)  Except as otherwise provided in this section, the
244	following procedures apply to the approval or denial of an
245	application for a port conceptual permit or a final permit or
246	authorization:
247	(a)  Applications for a port conceptual permit, including
248	any request for the conceptual approval of the use of
249	sovereignty submerged lands, shall be processed in accordance
250	with the provisions of ss. 373.427 and 120.60, with the
251	following exceptions:.
252	1.  An application for a port conceptual permit, and any
253	applications for subsequent construction contained in a port
254	conceptual permit, must be approved or denied within 60 days
255	after receipt of a completed application.
256	2.  The department may request additional information no
257	more than twice, unless the applicant waives this limitation in
258	writing. If the applicant does not provide a response to the
259	second request for additional information within 90 days or
260	another time period mutually agreed upon between the applicant
261	and department, the application shall be considered withdrawn.
262	However,
263	3.  If the applicant believes that any request for
264	additional information is not authorized by law or agency rule,
265	the applicant may request an informal hearing pursuant to s.
266	120.57(2) before the Secretary of Environmental Protection to
267	determine whether the application is complete.
268	4.  If a third party petitions to challenge the issuance of
269	a port conceptual permit by the department, the petitioner
270	initiating the action has the burden of ultimate persuasion and,
271	in the first instance, has the burden of going forward with the
272	evidence.
273	Section 8.  Subsection (3) of section 403.813, Florida
274	Statutes, is amended to read:
275	403.813  Permits issued at district centers; exceptions.-
276	(3)  A permit is not required under this chapter, chapter
277	373, chapter 61-691, Laws of Florida, or chapter 25214 or
278	chapter 25270, 1949, Laws of Florida, for maintenance dredging
279	conducted under this section by the seaports of Jacksonville,
280	Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
281	Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
282	Pensacola, Key West, and Fernandina or by inland navigation
283	districts if the dredging to be performed is no more than is
284	necessary to restore previously dredged areas to original design
285	specifications or configurations, previously undisturbed natural
286	areas are not significantly impacted, and the work conducted
287	does not violate the protections for manatees under s.
288	379.2431(2)(d). In addition:
289	(a)  A mixing zone for turbidity is granted within a 150-
290	meter radius from the point of dredging while dredging is
291	ongoing, except that the mixing zone may not extend into areas
292	supporting wetland communities, submerged aquatic vegetation, or
293	hardbottom communities.
294	(b)  The discharge of the return water from the site used
295	for the disposal of dredged material shall be allowed only if
296	such discharge does not result in a violation of water quality
297	standards in the receiving waters. The return-water discharge
298	into receiving waters shall be granted a mixing zone for
299	turbidity within a 150-meter radius from the point of discharge
300	into the receiving waters during and immediately after the
301	dredging, except that the mixing zone may not extend into areas
302	supporting wetland communities, submerged aquatic vegetation, or
303	hardbottom communities. Ditches, pipes, and similar types of
304	linear conveyances may not be considered receiving waters for
305	the purposes of this paragraph.
306	(c)  The state may not exact a charge for material that
307	this subsection allows a public port or an inland navigation
308	district to remove. In addition, consent to use any sovereignty
309	submerged lands pursuant to this section is hereby granted.
310	(d)  The use of flocculants at the site used for disposal
311	of the dredged material is allowed if the use, including
312	supporting documentation, is coordinated in advance with the
313	department and the department has determined that the use is not
314	harmful to water resources.
315	(e)  The spoil material from maintenance dredging may be
316	deposited in a self-contained, upland disposal site. The site is
317	not required to be permitted if:
318	1.  The site exists as of January 1, 2011;
319	2.  A professional engineer certifies that the site has
320	been designed in accordance with generally accepted engineering
321	standards for such disposal sites;
322	3.  The site has adequate capacity to receive and retain
323	the dredged material; and
324	4.  The site has operating and maintenance procedures
325	established that allow for discharge of return flow of water and
326	to prevent the escape of the spoil material into the waters of
327	the state.
328	(f)  The department must be notified at least 30 days
329	before the commencement of maintenance dredging. The notice
330	shall include, if applicable, the professional engineer
331	certification required by paragraph (e).
332	(g)(e)  This subsection does not prohibit maintenance
333	dredging of areas where the loss of original design function and
334	constructed configuration has been caused by a storm event,
335	provided that the dredging is performed as soon as practical
336	after the storm event. Maintenance dredging that commences
337	within 3 years after the storm event shall be presumed to
338	satisfy this provision. If more than 3 years are needed to
339	commence the maintenance dredging after the storm event, a
340	request for a specific time extension to perform the maintenance
341	dredging shall be submitted to the department, prior to the end
342	of the 3-year period, accompanied by a statement, including
343	supporting documentation, demonstrating that contractors are not
344	available or that additional time is needed to obtain
345	authorization for the maintenance dredging from the United
346	States Army Corps of Engineers.
347	Section 9.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.