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Cruise guests, port users and tenants can expect increased traffic congestion on the following dates:
Motorists should allow for extra travel time and are encouraged to use the port entrances located at Federal Hwy (US1) / State Road 84 and I-595/Eller Dr or use the Convention Center Connector to reach Cruise Terminals 2 and 4.
Item No. 301—Use of Zone/Premises.
(a) An FTZ User, FTZ Operator, or Subzone Operator may only use the Zone for the purposes permitted in this Tariff and only in connection with merchandise that has been lawfully brought into the Zone in accordance with the Act and CBP regulations, as amended. Merchandise may be received, stored, handled, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned, mixed with foreign and domestic merchandise, processed, or otherwise manipulated or manufactured, except as otherwise provided by applicable laws and regulations.
(b) No FTZ User, FTZ Operator, or Subzone Operator may process, manipulate, manufacture, exhibit, or destroy merchandise in the Zone without CBP’s prior written approval. In addition, no FTZ User, FTZ Operator, or Subzone Operator may undertake any production (as defined herein) within the Zone without the FTZ Board’s prior written approval. “Production“ means (i) an activity, including manufacturing or processing, involving the substantial transformation of a foreign article resulting in a new and different article having a different name, character, and use, or (ii) an activity that involves a change in the condition of the article and that results in a change in the CBP classification of the article or in its eligibility for Entry for Consumption. “Manipulate” means an activity involving breaking up, repacking, assembling, distributing, sorting, grading, cleaning, or mixing of merchandise that does not constitute production.
(c) No person shall be allowed to reside within the Zone. FTZ Users, FTZ Operators, and Subzone Operators shall not use or permit the Zone to be used for any purposes other than those enumerated herein without Grantee’s prior written consent.
(d) FTZ Users, FTZ Operators, and Subzone Operators shall not permit or perform any activity in or about the Zone that will in any way obstruct or interfere with the rights of other Zone users or occupants. FTZ Users, FTZ Operators, and Subzone Operators shall avoid the creation of any nuisance arising from dust, smoke, odors, fumes, noise, or an unwarranted activity in the Zone.
Item No. 302—Restrictions and Prohibitions on Zone Merchandise.
Certain merchandise may be prohibited or otherwise restricted from entering the Zone by operation of federal law, regulation, rule, procedure, or order. Such merchandise is subject to inspection or seizure by federal officers and subject to future restrictions on its use and disposition. FTZ Users, FTZ Operators, and Subzone Operators are responsible for complying with all applicable federal laws, regulations, rules and procedures, or orders, and must report any knowledge of noncompliant activity to Grantee’s Operator.
Item No. 303—Public Health, Welfare, and Safety.
No operation, process, cargo, goods, commodities, equipment, chemicals, and/or merchandise or treatment of same will be permitted in the Zone that, in the judgment of Grantee’s Operator, creates a nuisance or is detrimental to the public health, welfare, and safety. Grantee’s Operator may require a cessation of any activities within the Zone deemed, in the sole and reasonable discretion of Grantee’s Operator, to be a nuisance or detrimental to Zone occupants or the general public.
Item No. 304—Storage and Handling.
FTZ Users, FTZ Operators, and Subzone Operators shall store and handle merchandise in the Zone in a manner that is safe and sanitary and that minimizes damage to the merchandise, avoids hazard to persons, and meets all local, state, and federal requirements applicable to the goods at issue. All trash and waste must be promptly removed from a Site. Aisles must be established and maintained, and doors and entrances must be left unblocked for access by CBP officers and other persons in the performance of their official duties.
Item No. 305—Security.
Pursuant to CBP regulations and guidance (19 C.F.R. § 146, and as further set forth at https://www.cbp.gov/document/guides/foreign-trade-zones-manual), FTZ Users, FTZ Operators, and Subzone Operators shall take whatever security precautions are necessary to protect their premises and Activated Areas, and all persons and property thereon. Grantee is not responsible for the protection of the property of any FTZ User, FTZ Operator, or Subzone Operator. Security services (such as the staffed gate) contracted by Grantee shall be responsible only for the protection of Grantee’s property. All FTZ Users, FTZ Operators, and Subzone Operators entering or operating in Controlled Access Areas must comply with applicable provisions of the Port Everglades Security Plan.
Item No. 306—Parking.
Grantee assumes no responsibility for any loss, damage, or injury to any vehicle, property, or person resulting from use of the parking facilities at Port Everglades.
Item No. 307—Inspection by Grantee.
Grantee, by Grantee’s Operator, may enter upon the Activated Area(s) of FTZ Users, who must cooperate with Grantee’s Operator and provide Grantee’s Operator with access during normal working hours and at all other reasonable times to enter upon the Activated Area(s) for the purposes of: (i) inspecting the merchandise stored therein; (ii) inspecting the Activated Area(s) and the sufficiency of the security thereon; (iii) reviewing the books and records, and all documents relating to the Activated Area(s) or any merchandise or activities within the Zone; (iv) observing the performance by FTZ Users of their obligations under this Tariff; and/or (v) for the doing of any act or thing that Grantee or Grantee’s Operator may be obligated or have the right to do under applicable federal, state, or local law. FTZ Users shall make all inventory records and merchandise in the Zone available for inspection by Grantee’s Operator and, upon request by Grantee’s Operator, make specific key personnel available to meet with Grantee’s Operator and provide copies of and information regarding such books, records, and merchandise, as may be requested by Grantee’s Operator.
Item No. 308—CBP Inspection of Merchandise While in Zone.
FTZ Users, FTZ Operators, and Subzone Operators must, at all times, make merchandise in the Zone immediately available for inspection if required by CBP, and shall have the sole responsibility of opening crates and packages. FTZ Users, FTZ Operators, and Subzone Operators must secure the crates and packages following any inspection performed by CBP.
Item No. 309—Disclaimer for Loss and/or Damage to Cargo, Merchandise, and Injury to Persons and Property.
(a) Grantee assumes no responsibility for any loss, damage, or repair to goods, furniture, fixtures, equipment or other merchandise or property stored and/or handled in or through any other Port Everglades’ facility that is owned, controlled, and/or operated by Grantee, except to the extent required by state law in instances where the loss and/or damage is caused by the negligence of Grantee.
(b) Grantee shall not be responsible or liable for any loss, damage, or repair to any cargo, merchandise, or other property stored, handled, used, kept, or placed upon any wharf or other structure or property occasioned by or on account of pilferage, rodents, insects, natural shrinkage, waste, decay, seepage, leakage, overheating, evaporation, fire, earthquakes, rain, floods, war, riots, strikes, or any other acts beyond the control of Grantee, except to the extent required by state law in instances where the loss and/or damage is caused by the negligence of Grantee.
(c) Grantee does not provide services for handling cargo, merchandise, or other property and shall not be responsible or liable for any injury or fatality to any person arising from services provided by other entities, including, without limitation, by Broward County franchised and/or permitted entities, tenants, FTZ Users, FTZ Operators, Subzone Operators, or other independent third-party service providers at Port Everglades, unless and to the extent required by state law in instances where such injury or fatality is caused by the negligence of Grantee.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by Grantee or Grantee’s Operator, nor shall anything included herein be construed as consent by Broward County to be sued by third parties in any matter related to this Tariff.
Item No. 310—Damage to Zone Property.
Damage to Grantee’s property by an FTZ User, FTZ Operator, or Subzone Operator is to be reported immediately to Grantee’s Operator by the FTZ User, FTZ Operator, or Subzone Operator responsible for the damage. FTZ Users, FTZ Operators, or Subzone Operators causing the damage shall, at Grantee’s option, either repair property damage to Grantee’s Operator’s satisfaction, or reimburse Grantee within fifteen (15) calendar days after written demand for expenses and costs incurred in repairing same.
Item No. 311—Suspension of Operations.
Grantee’s Operator may at any time immediately order halted any operation that is deemed to create an unsafe condition potentially causing personal injury or damage to property or the environment, that may create a hazardous or obnoxious condition, or that otherwise impedes operations in the Zone or violates any provision of this Tariff. Said operation must remain halted until necessary corrective measures are taken to Grantee’s Operator’s sole and reasonable satisfaction.
Item No. 312—Entry of Persons into the Zone.
(a) Only those persons authorized by an FTZ User, FTZ Operator, or Subzone Operator, where applicable, shall be allowed in the Zone. Persons found loitering or performing unauthorized activities on Grantee’s property shall be considered to be trespassing and may be prosecuted by Grantee under applicable Florida law.
(b) All FTZ Users, FTZ Operators, or Subzone Operators, and their respective employees, business invitees, and/or guests, needing access to Controlled Access Areas within Port Everglades for more than fifteen (15) times in any ninety (90) day period are required to obtain permanent identification badges from the Port Everglades I.D. Office.
(c) Permanent and temporary badges issued by Grantee’s Operator shall be worn in an easily visible area on the person’s outer garments at all times while in Controlled Access Areas. Grantee’s Operator reserves the right at all times to refuse entry to Controlled Access Areas to any person who is deemed a security risk or who cannot establish a legitimate business purpose in the Controlled Access Areas.
Item No. 313—Right of Relocation.
Grantee’s Operator reserves the right to order the relocation of any FTZ User, FTZ Operator, Subzone Operator, cargo, or other property, whether located in Port Everglades or County-owned areas of the Zone. Any risk or expense incurred in the relocation shall be assumed by the applicable FTZ User, FTZ Operator, or Subzone Operator.
