Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1404
       
       
       
       
       
       
                                Barcode 320138                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2011           .                                
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       The Committee on Environmental Preservation and Conservation
       (Latvala) recommended the following:
       
    1         Senate Amendment to Amendment (464514) (with title
    2  amendment)
    3  
    4         Delete lines 362 - 388
    5  and insert:
    6         Section 11. Subsection (3) of section 373.441, Florida
    7  Statutes, is amended, present subsections (4) and (5) of that
    8  section are renumbered as subsections (7) and (8), respectively,
    9  and new subsections (4), (5), and (6) are added to that section,
   10  to read:
   11         373.441 Role of counties, municipalities, and local
   12  pollution control programs in permit processing; delegation.—
   13         (3) The department may delegate the environmental resource
   14  permitting program to local governments. The department shall
   15  approve delegation to a local government if:
   16         1. The local government has provided reasonable assurance
   17  that the delegation would further the goal of providing an
   18  efficient, effective, and streamlined permitting system;
   19         2. The local government has the financial, technical, and
   20  administrative capabilities and desire to effectively and
   21  efficiently implement and enforce the program;
   22         3. The protection of environmental resources will be
   23  maintained; and
   24         4. The local government meets the requirements set forth by
   25  department rule. The department may delegate a portion of the
   26  environmental resource permit program to local governments,
   27  including those wherein the stormwater management system
   28  regulations or the wetland or other surface water resource
   29  regulations are retained by the department or the district, and
   30  the other portion is delegated to the local government.
   31  Delegation of authority shall be approved if the local
   32  government meets the requirements set forth in rule 62-344,
   33  Florida Administrative Code. This section does not require a
   34  local government to seek delegation of the environmental
   35  resource permit program.
   36         (4) If the department approves and delegates the
   37  environmental resource permit, the local government has the
   38  authority to issue environmental resource permits that provide
   39  the equivalent level of protection as the environmental resource
   40  program under this part. Local governments may also apply
   41  stricter standards in addition to the applicable environmental
   42  resource permit program rules.
   43         (5) The environmental resource permit program may be
   44  delegated to a local government under either of the following
   45  two options:
   46         (a) The local government agrees to implement the state
   47  environmental resource permit program pursuant to this part,
   48  applicable agency rules, and chapter 120.
   49         (b) The local government incorporates the relevant portions
   50  of the department’s or water management district’s environmental
   51  resource permit program rules into the local rules or
   52  ordinances. The local program must be substantially equivalent
   53  to the existing state environmental resource permitting program.
   54         1. The local government program may incorporate stricter
   55  substantive provisions of the state environmental resource
   56  program or the substantially equivalent provisions.
   57         2. The local government program is not required to include
   58  or incorporate any less strict substantive state standards, such
   59  as exemptions or general permits, in order to obtain delegation
   60  of the environmental resource program.
   61         3. The local government program shall use administrative
   62  and procedural requirements that are the same as or
   63  substantially equivalent to the provisions of ss. 120.52,
   64  120.53, 120.533, 120.565, 120.57, 120.62, 120.66, 120.69,
   65  373.114(1), and 373.413(3), and any notice or other procedural
   66  requirements that apply to activities reviewed under this part.
   67         (6) If the department and water management district
   68  delegates authority to a local government pursuant to this
   69  section, it may not regulate the activities delegated.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete lines 1647 - 1655
   74  and insert:
   75         amending s. 373.441, F.S.; authorizing the department
   76         and water management districts to delegate certain
   77         pollution control programs to local governments;
   78         providing criteria; amending s. 376.30715, F.S.;