Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Operations
Information
Requested Action
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MOTION TO ADOPT Resolution amending the Broward County Administrative Code, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PORT EVERGLADES TARIFF NO. 12 (“TARIFF”); AMENDING SECTION 42.25 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”); AMENDING TARIFF RATES AND REQUIREMENTS FOR VARIOUS ACTIVITIES AT PORT EVERGLADES; PROVIDING FOR GENERAL UPDATES TO TARIFF TEXT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE AND AN EFFECTIVE DATE.
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Why Action is Necessary
The Broward County Board of County Commissioners (“Board”) must approve all changes to the Administrative Code and Port Everglades Tariff No. 12.
What Action Accomplishes
Authorizes changes to the Broward County Administrative Code and Port Everglades Tariff No. 12.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
The Resolution directing the County Administrator to publish Notice of Public Hearing relating to these proposed changes was adopted by the Board on September 4, 2025 (Item No.13).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnership and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
Port Everglades Tariff No. 12 (“Tariff”) provides the rules, regulations, and fees that govern the use of the facilities and services at Port Everglades that are not otherwise provided for in separate contractual agreements with Port Users. Port Everglades staff is proposing revisions to the Tariff that include increases in Tariff rates and revisions to certain Tariff provisions governing operations at the Port.
The proposed Tariff rate increases include an average of approximately 3.0% for cargo, container, and petroleum dockage and wharfage; 3.0% for container crane rental and other marine services; 3.0% for Grid Yard Areas rent for temporary assignment of land within the Port not covered by a lease (Item No. 1140); and 3.5% for cruise dockage and wharfage. Cargo wharfage rates for lift on/lift off and roll on/roll off vehicles of any type (Item No. 535) are increased by 10% to account for the additional wear and tear on port infrastructure from such vehicles, and to more closely align with rates charged by other Florida seaports. No rate increases are proposed for vessel or cargo security fees.
In addition to the proposed rate increases, the Resolution includes minor changes to several Tariff items to reflect current information or practice, or to delete outdated language.
Substantive changes are proposed for the follow Tariff items:
- Access to Port Everglades (Item No. 205): The list of information required in the Berth Application Form is expanded to include a requirement to furnish information regarding planned discharges of ballast water and/or engine exhaust gas scrubber washwater effluent within Port Everglades as further discussed below.
- Disclaimers of All Implied Warranties and Exclusions of Liability (Item No. 400): The existing language is revised to update and clarify limitations of liability and no wavier of sovereign immunity.
- Container Carrier Services Incentive (Item No. 545): The proposed revision deletes the previous three-tiered per container incentive that only applied to containers moved at Tariff rates and replaces it with a new $5.50 per container incentive credit that would be available for twelve months to any new container carrier service that has not called at Port Everglades within the previous 12 months and moves a minimum of 5,000 containers through Port Everglades in a 12 month period. This incentive would apply to containerized cargo moved through any marine terminal within the port. The previous incentive only applied to containers that moved through the port at Tariff rates, which was only 8% of the total twenty-foot equivalent unit (“TEU”) throughput at Port Everglades in Fiscal Year 2024. Expanding the eligibility increases the incentive for a container carrier or beneficial cargo owner to choose Port Everglades for their new service.
- Container Gantry and Mobile Harbor Cranes-Rental Rates (Item No. 710): Language is added to clarify the rental rates for crane usage and how deductions are calculated for downtime (when a crane is inoperable during the users crane rental time). Under the existing approach, marine terminal operators with bundled shipmove rates receive no credit when their operations are halted due to a crane malfunction while they continue to incur labor costs. The revised language will allow for a credit against a future invoice calculated based on the applicable hourly rate of the crane being used and length of the downtime, but only if the outage exceeds one hour. Acceptance of the deduction or credit by a port user releases, acquits, and forever discharges Broward County from any and all causes of action related to the crane downtime.
- Waiver/Reduction of Parking Charges (Item No. 945): Language is added providing the Port Everglades Chief Executive/Port Director additional authority to waive parking fees under certain circumstances. The existing language limits that authority to cruise ship inaugural promotional activities, however this would expand that authority to include other vessel inaugurals and port-related promotional events. The authority would remain limited to $10,000 per event, with any waivers totaling above that amount requiring Board approval.
- Discharge of Pollutants and Nuisances (Item No. 1015): Language is added to clarify that any permitted discharge of ballast water and engine exhaust scrubber washwater effluent must be done in compliance with federal regulations. Due to recent federal regulatory changes in 40 CFR Part 139, Discharges Incidental to the Normal Operation of Vessels, and anticipated changes to 33 CFR Part 153, Subpart D, Ballast Water Management for Control of Nonindigenous Species in Waters of the United States, state and local governments will be preempted from regulating such discharges. Port staff is working closely with the Broward County Resilient Environment Department, that will be separately proposing a conforming change to Chapter 27, Pollution Control, Article V, of the Broward County Code of Ordinances to address such discharges.
- Cruise Terminal Security (Item No. 1069): The proposed revision expands the applicability of this item to any user of a cruise terminal, not just cruise lines. Port staff has seen an increase in the number of requests from port tenants to use cruise terminals for meetings or exercises that exceed the capacity of the Port’s Auditorium. Language is also added requiring a pre-and post-use inspection of the terminal conducted jointly by the Port user and Port Everglades employee to identify any issues or deficiencies and adds a new $2,500 penalty if the building is not secured after use.
- Grid Yard Areas (Item No. 1140): Grids are land parcels that are rented to port users for short term use ranging from ten days to one year. Language is added to make clear that the Chief Executive/Port Director has the sole discretion to determine what uses will be authorized on the grid. In addition, the item is modified to provide that the grid charges will be billed to the user on the first day of the grid period instead of at the end of the period or monthly. This change makes the policy consistent with the billing practices for leases of all other property or spaces at the port.
All proposed revisions to the Tariff would be effective as of October 1, 2025.
Source of Additional Information
Ricardo Charlton, Director of Operations, Port Everglades Department, 954-468-0218.
Fiscal Impact
Fiscal Impact/Cost Summary
The proposed Tariff increases have been budgeted and are projected to generate an additional estimated $2,713,930 in revenues in Fiscal Year 2026. As shown in Exhibit 5, approximately 35% of the Port’s projected revenue in Fiscal Year 2026 will result from charges subject to the Tariff, with the remaining revenue governed by contracts.