Florida Senate - 2021 SB 426 By Senator Boyd 21-00757-21 2021426__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to state preemption of seaport 2 regulations; creating s. 311.25, F.S.; preempting to 3 the state the regulation of commerce in state 4 seaports; providing exceptions; providing 5 construction; providing an effective date. 6 7 WHEREAS, maritime commerce between and among seaports, both 8 foreign and domestic, is the subject of extensive federal and 9 state regulation designed to protect the marine environment and 10 the health, safety, and welfare of the general public and those 11 involved in conducting that commerce, and 12 WHEREAS, the economic impact of a seaport extends far 13 beyond the boundaries of the local jurisdiction in which the 14 port is located, materially contributing to the economies of 15 multiple cities and counties within the region and to the 16 economy of the state as a whole, and 17 WHEREAS, Florida seaports currently generate nearly 900,000 18 direct and indirect jobs and contribute $117.6 billion in 19 economic value to the state through cargo and cruise activities, 20 accounting for approximately 13 percent of Florida’s gross 21 domestic product and $4.2 billion in state and local taxes, and 22 WHEREAS, because Florida is a peninsula, much of the state 23 is highly dependent upon the unimpeded flow of maritime commerce 24 through its seaports, which is made even more critical when the 25 state is threatened or impacted by natural disasters, such as 26 tropical storms and hurricanes, and 27 WHEREAS, because of its geographic location, Florida is a 28 hub for global maritime commerce and is uniquely positioned to 29 Florida Senate - 2021 SB 426 21-00757-21 2021426__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. capture an even larger share of this commerce as global trade 30 routes shift, and 31 WHEREAS, the international, national, statewide, and 32 regional importance of Florida seaports has long been recognized 33 in federal and state law with respect to the regulation, 34 planning, and public financing of seaport operations and 35 facilities, and 36 WHEREAS, allowing each local government in which a Florida 37 seaport is located to impose its own requirements on the 38 maritime commerce conducted in that port could result in abrupt 39 changes in the supply lines bringing goods into and out of this 40 state, thus disrupting Florida’s economy and threatening the 41 public’s health, safety, and welfare, and 42 WHEREAS, allowing each local government in which a Florida 43 seaport is located to impose its own requirements on the 44 maritime commerce conducted in that port could reasonably be 45 expected to suppress such commerce and potentially drive it out 46 of the port and out of the state in search of a more consistent 47 and predictable operating environment, thus disrupting Florida’s 48 economy and threatening the public’s health, safety, and 49 welfare, and 50 WHEREAS, allowing each local government in which a Florida 51 seaport is located to impose its own requirements on the 52 maritime commerce conducted in that port could result in abrupt 53 changes in vessel traffic, frustrating the multi-year planning 54 process for all Florida seaports and the assumptions and 55 forecasts underlying federal and state financing of port 56 improvement projects, and 57 WHEREAS, in light of these negative impacts, federal and 58 Florida Senate - 2021 SB 426 21-00757-21 2021426__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. state governments must be relied upon to adopt uniform 59 regulations governing seaport operations, NOW, THEREFORE, 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63

Section

Section 311.25, Florida Statutes, is created to 64 read: 65 311.25 Regulation of commerce in Florida seaports; 66 preemption.— 67

(1) Notwithstanding any other law to the contrary, a local 68 government may not restrict or regulate commerce in the seaports 69 of this state, as listed in s. 311.09, including, but not 70 limited to, regulating or restricting a vessel’s type or size, 71 source or type of cargo, or number, origin, or nationality of 72 passengers. All such matters are expressly preempted to the 73 state. 74

(2) If not otherwise preempted by federal or state law, 75 this

section does not limit the authority of a port authority or 76 port district, as defined in s. 315.02, or a port operation as 77 provided in s. 125.012, to: 78 (

a) Regulate vessel movements within its jurisdiction 79 pursuant to s. 313.22(1). 80 (

b) Establish fees and compensation for its services 81 pursuant to s. 313.22(2). 82 (

c) Adopt guidelines for minimum bottom clearance, for the 83 movement of vessels, and for radio communications of vessel 84 traffic pursuant to s. 313.23. 85 86 However, an action provided in this subsection may not have the 87 Florida Senate - 2021 SB 426 21-00757-21 2021426__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. effect of regulating or restricting a vessel’s type or size, 88 source or type of cargo, or number, origin, or nationality of 89 passengers, except as required to ensure safety due to the 90 physical limitations of channels, berths, anchorages, or other 91 port facilities. 92

Section 2. Any provision of a county or municipal charter, 93 ordinance, resolution, regulation, or policy that is preempted 94 by this act and that existed before, on, or after the effective 95 date of this act is void. 96

Section 3. This act shall take effect upon becoming a law. 97