Bill > H0267

Introduced Session

An act relating to state preemption of seaport regulations; creating s. 311.25, F.S.; prohibiting a local ballot initiative or referendum from restricting maritime commerce in the seaports of this state; providing that such a local ballot initiative, referendum, or action adopted therein is prohibited, void, and expressly preempted to the state; prohibiting local governments and their political subdivisions and special districts from restricting maritime commerce in a seaport located in or adjoining an area of critical state concern with respect to any federally authorized passenger cruise vessel; providing that certain actions relating to such restrictions are prohibited, void, and expressly preempted to the state; providing applicability; clarifying remaining authority of certain local entities; providing for severability; providing a directive to the Division of Law Revision; providing an effective date. 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 CS/ 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 CS/ 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 ballot 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 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 ballot 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 CS/ process for all Florida seaports and the assumptions and forecasts underlying federal and state financing of port improvement projects, and WHEREAS, this state must establish land and water management policies to guide local decisions relating to growth and development, protecting and optimizing the use of this state's natural resources and environment while also preserving private property rights and advancing the health, safety, and welfare of the residents of this state, and WHEREAS, the need for specific guidance and oversight in the balancing of all of these interests, including the state's interest in fostering tourism, is even more acute in areas of critical state concern designated under part I of chapter 380, Florida Statutes, which help protect significant environmental, natural, or other resources of regional or statewide importance from uncoordinated development, and WHEREAS, areas of critical state concern generate tourism from both the residents of this state and visitors to this state, allowing them to directly experience and learn about these unique areas and generating additional tourism in the broader region and the state, and WHEREAS, passenger cruise vessels allow for increased tourism in areas of critical state concern while avoiding many of the environmental impacts that would otherwise be generated by land-based tourism with respect to transportation, utility, CS/ wastewater, and other infrastructure, and WHEREAS, the necessary constraints on development in areas of critical state concern may increase the cost of land-based tourism to such a degree that many people and families may find themselves financially unable to visit these areas, and the local workforce may find it more difficult to secure affordable housing, and WHEREAS, when considering local requirements that would restrict cruise tourism in an area of critical state concern, the more limited geographic and political scope of a local government may make it less sensitive to the negative impact of those requirements on neighboring jurisdictions and on the region and the state, and WHEREAS, many local and regional economies in this state rely heavily on tourism, and the surrounding politics can be particularly complex at a local level, significantly heightening concerns over the ability of a local government to impose requirements that would restrict cruise tourism, and WHEREAS, in light of the matters of regional and statewide concern directly and indirectly affected by such actions, a local government with jurisdiction over a seaport located in or adjoining an area of critical state concern should not be permitted to impose its own requirements that would restrict maritime commerce with respect to federally authorized passenger cruise vessels, and CS/ WHEREAS, due to the potential negative impacts, the permissible scope of local ballot initiatives or referenda and of the powers of certain local governments in areas of critical state concern must be appropriately limited, NOW, THEREFORE,

AI Summary

Committee Categories

Spencer Roach (R)*,  Tyler Sirois (R)*,  Rick Roth (R), 

Other Sponsors (3)

Died on Second Reading Calendar; companion bill(s) passed, see CS/CS/CS/SB 1194 (Ch. 2021-188) (on 04/30/2021)

Official Document