CS/CS/CS/HB 239

1
A bill to be entitled
2An act relating to water quality; directing the Department
3of Environmental Protection to publish a notice of
4proposed rulemaking by a specified date to revise certain
5criteria for the state's waterbodies; creating s.
6403.0675, F.S.; prohibiting the implementation of certain
7federal numeric nutrient water quality criteria rules by
8the Department of Environmental Protection, water
9management districts, and other governmental entities;
10clarifying the authority of water management districts and
11other governmental entities with respect to pollution
12control; providing construction; authorizing the
13department to adopt numeric nutrient water quality
14criteria for surface waters under certain conditions;
15providing that certain total maximum daily loads and
16associated numeric interpretations constitute site
17specific numeric nutrient water quality criteria; creating
18s. 403.066, F.S.; providing for the classification of
19designated uses of the state's surface waters by human use
20and aquatic life use; redesignating specified surface
21water classifications; authorizing the department to adopt
22rules; providing for the department to adopt a
23classification system by rule, subject to ratification by
24the Legislature; providing for repeal of the section upon
25ratification of the department rule; providing for effect
26of the section; amending ss. 373.199, 373.453, 373.4592,
27373.461, 380.061, 403.061, 403.086, 403.0882, 403.121,
28403.707, and 403.813, F.S.; conforming provisions to
29changes made by the act; providing effective dates.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  The Department of Environmental Protection is
34directed to publish a notice of proposed rulemaking no later
35than May 31, 2012, to revise the dissolved oxygen criteria
36applicable to Florida waterbodies to take into account the
37variability occurring in nature.
38     Section 2.  Section 403.0675, Florida Statutes, is created
39to read:
40     403.0675  Numeric nutrient water quality criteria.-
41     (1)(a)  The department, water management districts, and all
42other state, regional, and local governmental entities may not
43implement or give any effect to the United States Environmental
44Protection Agency's nutrient water quality criteria rules for
45the state's lakes and flowing waters, finalized on December 6,
462010, and published in Volume 75, No. 233 of the Federal
47Register, in any regulatory program administered by the
48department, water management district, or governmental entity
49where the criteria are more stringent than necessary to protect
50the biological community and the designated use.
51     (b)  The prohibition in paragraph (a) does not limit the
52ability of any water management district or any other state,
53regional, or local governmental entity from applying for any
54pollution discharge permit or complying with the conditions of
55such permits, including those issued under the Federal National
56Pollutant Discharge Elimination System, or from implementing
57best management practices, source control, or pollution
58abatement measures for water quality improvement programs as
59provided by law.
60     (2)  This section does not derogate or limit county and
61municipal home rule authority.
62     (3)(a)  Notwithstanding subsection (1), the department may
63adopt numeric nutrient water quality criteria for a particular
64surface water or group of surface waters pursuant to s. 403.061,
65which may be expressed in terms of concentration, mass loading,
66waste load allocation, and surrogate standards, such as
67chlorophyll-a, and may be supplemented by narrative statements.
68     (b)  The standards established pursuant to this subsection
69shall be based on objective and credible data and scientific
70studies and analysis. The department's implementation of the
71standard shall only require nutrient reductions where necessary
72to protect the biological community and the designated use.
73     (4)  Numeric nutrient total maximum daily loads developed
74by the department and approved by the United States
75Environmental Protection Agency constitute the site specific
76numeric interpretation of the narrative nutrient water quality
77criteria.
78     Section 3.  Effective July 1, 2012, section 403.066,
79Florida Statutes, is created to read:
80     403.066  Classification of surface waters.-
81     (1)  Except as provided in paragraphs (2)(d) and (e), the
82designated uses for all surface waters of the state shall be
83classified to include a Human Use and an Aquatic Life Use as
84follows:
85     (a)  Human Uses.-
86     1.  Human Use 1 - Protection of potable water supply
87suitable for human consumption following conventional drinking
88water treatment methods, fish consumption, and full body
89contact.-This use requires maintaining a level of water quality
90suitable for potable water or intended to be suitable for human
91consumption after conventional drinking water treatment methods.
92     2.  Human Use 2 - Protection of shellfish harvesting for
93human consumption, fish consumption, and full body contact.-This
94use requires maintaining a level of water quality that prevents
95unpalatable flavor or accumulation of substances harmful to
96human health in shellfish tissue.
97     3.  Human Use 3 - Protection of fish consumption and full
98body contact.-This use requires maintaining a level of water
99quality that prevents accumulation of substances harmful to
100human health in fish tissue. Recreational uses may support
101prolonged and direct contact with the water with minimal risk of
102water ingestion in quantities sufficient to pose a health
103hazard.
104     4.  Human Use 4 - Protection of fish consumption and
105incidental human contact.-This use requires maintaining a level
106of water quality that prevents accumulation of substances
107harmful to human health in fish tissue. Recreational uses may
108result in contact with the water that is incidental or
109accidental with minimal risk of water ingestion. Other uses
110include, but are not limited to, waters used for flood control,
111shipping ports, stormwater or agricultural conveyance or
112storage, nonpotable water supply, or waters that are constructed
113and wholly artificial.
114     5.  Human Use 5 - Protection of fish consumption.-This use
115requires maintaining a level of water quality that prevents
116accumulation of substances harmful to human health in fish
117tissue. Human contact with the water is limited or restricted
118due to unsafe physical conditions. Other uses include, but are
119not limited to, waters used for flood control, shipping ports,
120stormwater or agricultural conveyance or storage, nonpotable
121water supply, or waters that are constructed and wholly
122artificial.
123     6.  Human Use 6 - Protection of waters for crop irrigation
124or consumption by livestock.-This use requires maintaining a
125level of water quality suitable for consumption of water by
126livestock or surface water withdrawal for the irrigation of
127cropland.
128     7.  Human Use 7 - Utility and industrial uses.-This use
129requires maintaining a level of water quality suitable for
130utility and industrial purposes.
131     (b)  Aquatic Life Uses.-
132     1.  Aquatic Life Use 1 - Propagation and maintenance of
133exceptional aquatic communities that approximate the biological
134structure and function of the natural background.-Under this
135use, natural structural, functional, and taxonomic integrity is
136preserved or approximated; structure and function are similar to
137the natural community; and ecosystem level functions are fully
138maintained.
139     2.  Aquatic Life Use 2 - Propagation and maintenance of
140healthy, well-balanced aquatic communities with minimal
141deviation of the biological structure and function relative to
142the natural background.-Under this use, overall balanced
143distribution of all expected groups of taxa and all ecosystem
144functions are fully maintained. May have minimal changes in the
145biological structure as evidenced by the replacement of
146sensitive taxa by more tolerant taxa.
147     3.  Aquatic Life Use 3 - Protection of aquatic communities
148with moderate deviation of the biological structure and function
149relative to the natural background.-Under this use, changes in
150the biological structure and function have resulted in an
151altered aquatic community, a transition between a community
152characterized by sensitive or expected taxa to one characterized
153by tolerant taxa has occurred, and biology may be limited due to
154habitat limitations, hydrologic modifications, physical
155alterations, or other factors identified by department rule.
156     4.  Aquatic Life Use 4 - Protection of aquatic communities
157with substantial deviation of the biological structure and
158function relative to the natural background.-Under this use,
159substantial changes in the biological structure and function
160have resulted in a limited aquatic community, the community
161consists primarily of tolerant taxa able to survive and
162propagate under adverse or variable environmental conditions,
163and biology may be limited due to extreme habitat limitations,
164hydrologic modifications, physical alterations, or other factors
165identified by department rule.
166     (2)  Unless otherwise specified by department rule, the
167following surface water classifications are renamed:
168     (a)  Class I is renamed as Human Use 1/Aquatic Life Use 2.
169     (b)  Class II is renamed as Human Use 2/Aquatic Life Use 2.
170     (c)  Class III is renamed as Human Use 3/Aquatic Life Use
1712.
172     (d)  Class IV is renamed as Human Use 6 and includes the
173Class IV classification criteria.
174     (e)  Class V is renamed as Human Use 7 and includes the
175Class V classification criteria.
176     (3)(a)  Surface waters or groups of similar surface waters
177shall be assigned classifications under this section pursuant to
178chapter 120. When adopting waters into appropriate
179classifications, the department shall:
180     1.  Consider that manmade or other structurally modified
181waters may exhibit physical, hydrologic, and other factors that
182limit the attainable uses of the water.
183     2.  Assess the economic costs of achieving designated uses
184on individual entities and communities.
185     3.  Establish appropriate water quality criteria for the
186waters.
187     (b)  Surface waters constructed pursuant to chapter 378,
188excluding wetlands or any waters constructed for the purposes of
189mitigation under chapter 373, may not be assigned a
190classification until the department approves the constructed
191waterbody for final release of obligations under chapter 378.
192Upon approval, the constructed waterbody shall be classified
193based on the highest attainable uses considering the location
194and purpose for which the surface water was constructed.
195     (4)  The department may adopt rules to implement this
196section. If the department determines that changes are necessary
197to improve the classification system under this section, it
198shall adopt an updated classification system by rule, which
199shall be subject to ratification by the Legislature. Upon
200ratification of the department rule, this section is repealed.
201     Section 4.  Effective July 1, 2012, paragraph (d) of
202subsection (4) of section 373.199, Florida Statutes, is amended
203to read:
204     373.199  Florida Forever Water Management District Work
205Plan.-
206     (4)  The list submitted by the districts shall include,
207where applicable, the following information for each project:
208     (d)  A description of strategies and potential strategies,
209including improved stormwater management, for restoring or
210protecting the water body to Human Use 3/Aquatic Life Use 2
211Class III or better surface water quality status. Such
212strategies may utilize alternative technologies for pollutant
213reduction, such as cost-effective biologically-based, hybrid
214wetlands/chemical and other innovative nutrient control
215technologies.
216     Section 5.  Effective July 1, 2012, paragraph (e) of
217subsection (2) of section 373.453, Florida Statutes, is amended
218to read:
219     373.453  Surface water improvement and management plans and
220programs.-
221     (2)  Unless otherwise provided by law, the water management
222districts, in cooperation with state agencies, local
223governments, and others, may develop surface water improvement
224and management plans and programs for the water bodies
225identified on the priority lists. Plans developed pursuant to
226this subsection shall include, but not be limited to:
227     (e)  A description of strategies and a schedule for related
228management actions for restoring or protecting the water body to
229Human Use 3/Aquatic Life Use 2 Class III or better, including
230those needed to help achieve state-adopted total maximum daily
231loads for the water body;
232     Section 6.  Effective July 1, 2012, paragraph (m) of
233subsection (2) and paragraph (e) of subsection (4) of section
234373.4592, Florida Statutes, are amended to read:
235     373.4592  Everglades improvement and management.-
236     (2)  DEFINITIONS.-As used in this section:
237     (m)  "Phosphorus criterion" means a numeric interpretation
238for phosphorus of the applicable Class III narrative nutrient
239criterion.
240     (4)  EVERGLADES PROGRAM.-
241     (e)  Evaluation of water quality standards.-
242     1.  The department and the district shall employ all means
243practicable to complete by December 31, 1998, any additional
244research necessary to:
245     a.  Numerically interpret for phosphorus the applicable
246Class III narrative nutrient criterion necessary to meet water
247quality standards in the Everglades Protection Area; and
248     b.  Evaluate existing water quality standards applicable to
249the Everglades Protection Area and EAA canals.
250     2.  In no case shall such phosphorus criterion allow waters
251in the Everglades Protection Area to be altered so as to cause
252an imbalance in the natural populations of aquatic flora or
253fauna. The phosphorus criterion shall be 10 parts per billion
254(ppb) in the Everglades Protection Area in the event the
255department does not adopt by rule such criterion by December 31,
2562003. However, in the event the department fails to adopt a
257phosphorus criterion on or before December 31, 2002, any person
258whose substantial interests would be affected by the rulemaking
259shall have the right, on or before February 28, 2003, to
260petition for a writ of mandamus to compel the department to
261adopt by rule such criterion. Venue for the mandamus action must
262be Leon County. The court may stay implementation of the 10
263parts per billion (ppb) criterion during the pendency of the
264mandamus proceeding upon a demonstration by the petitioner of
265irreparable harm in the absence of such relief. The department's
266phosphorus criterion, whenever adopted, shall supersede the 10
267parts per billion (ppb) criterion otherwise established by this
268section, but shall not be lower than the natural conditions of
269the Everglades Protection Area and shall take into account
270spatial and temporal variability. The department's rule adopting
271a phosphorus criterion may include moderating provisions during
272the implementation of the initial phase of the Long-Term Plan
273authorizing discharges based upon BAPRT providing net
274improvement to impacted areas. Discharges to unimpacted areas
275may also be authorized by moderating provisions, which shall
276require BAPRT, and which must be based upon a determination by
277the department that the environmental benefits of the discharge
278clearly outweigh potential adverse impacts and otherwise comply
279with antidegradation requirements. Moderating provisions
280authorized by this section shall not extend beyond December 2016
281unless further authorized by the Legislature pursuant to
282paragraph (3)(d).
283     3.  The department shall use the best available information
284to define relationships between waters discharged to, and the
285resulting water quality in, the Everglades Protection Area. The
286department or the district shall use these relationships to
287establish discharge limits in permits for discharges into the
288EAA canals and the Everglades Protection Area necessary to
289prevent an imbalance in the natural populations of aquatic flora
290or fauna in the Everglades Protection Area, and to provide a net
291improvement in the areas already impacted. During the
292implementation of the initial phase of the Long-Term Plan,
293permits issued by the department shall be based on BAPRT and
294shall include technology-based effluent limitations consistent
295with the Long-Term Plan. Compliance with the phosphorus
296criterion shall be based upon a long-term geometric mean of
297concentration levels to be measured at sampling stations
298recognized from the research to be reasonably representative of
299receiving waters in the Everglades Protection Area, and so
300located so as to assure that the Everglades Protection Area is
301not altered so as to cause an imbalance in natural populations
302of aquatic flora and fauna and to assure a net improvement in
303the areas already impacted. For the Everglades National Park and
304the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
305method for measuring compliance with the phosphorus criterion
306shall be in a manner consistent with Appendices A and B,
307respectively, of the settlement agreement dated July 26, 1991,
308entered in case No. 88-1886-Civ-Hoeveler, United States District
309Court for the Southern District of Florida, that recognizes and
310provides for incorporation of relevant research.
311     4.  The department's evaluation of any other water quality
312standards must include the department's antidegradation
313standards and EAA canal classifications. In recognition of the
314special nature of the conveyance canals of the EAA, as a
315component of the classification process, the department is
316directed to formally recognize by rulemaking existing actual
317beneficial uses of the conveyance canals in the EAA. This shall
318include recognition of the Human Use 3/Aquatic Life Use 2 Class
319III designated uses of recreation, propagation and maintenance
320of a healthy, well-balanced population of fish and wildlife, the
321integrated water management purposes for which the Central and
322Southern Florida Flood Control Project was constructed, flood
323control, conveyance of water to and from Lake Okeechobee for
324urban and agricultural water supply, Everglades hydroperiod
325restoration, conveyance of water to the STAs, and navigation.
326     Section 7.  Effective July 1, 2012, paragraph (b) of
327subsection (1) and paragraph (b) of subsection (2) of section
328373.461, Florida Statutes, are amended to read:
329     373.461  Lake Apopka improvement and management.-
330     (1)  FINDINGS AND INTENT.-
331     (b)  Technical studies have determined that substantial
332reductions in or elimination of phosphorus in farm discharges to
333Lake Apopka will be necessary in order to improve water quality
334and restore the lake to Human Use 3/Aquatic Life Use 2 Class III
335standards.
336     (2)  DEFINITIONS.-As used in this section:
337     (b)  "Phosphorus criterion" means a numeric interpretation
338for phosphorus of the Human Use 3/Aquatic Life Use 2 Class III
339narrative nutrient criterion.
340     Section 8.  Effective July 1, 2012, paragraph (a) of
341subsection (3) of section 380.061, Florida Statutes, is amended
342to read:
343     380.061  The Florida Quality Developments program.-
344     (3)(a)  To be eligible for designation under this program,
345the developer shall comply with each of the following
346requirements if applicable to the site of a qualified
347development:
348     1.  Donate or enter into a binding commitment to donate the
349fee or a lesser interest sufficient to protect, in perpetuity,
350the natural attributes of the types of land listed below. In
351lieu of this requirement, the developer may enter into a binding
352commitment that runs with the land to set aside such areas on
353the property, in perpetuity, as open space to be retained in a
354natural condition or as otherwise permitted under this
355subparagraph. Under the requirements of this subparagraph, the
356developer may reserve the right to use such areas for passive
357recreation that is consistent with the purposes for which the
358land was preserved.
359     a.  Those wetlands and water bodies throughout the state
360which would be delineated if the provisions of s. 373.4145(1)(b)
361were applied. The developer may use such areas for the purpose
362of site access, provided other routes of access are unavailable
363or impracticable; may use such areas for the purpose of
364stormwater or domestic sewage management and other necessary
365utilities if such uses are permitted pursuant to chapter 403; or
366may redesign or alter wetlands and water bodies within the
367jurisdiction of the Department of Environmental Protection which
368have been artificially created if the redesign or alteration is
369done so as to produce a more naturally functioning system.
370     b.  Active beach or primary and, where appropriate,
371secondary dunes, to maintain the integrity of the dune system
372and adequate public accessways to the beach. However, the
373developer may retain the right to construct and maintain
374elevated walkways over the dunes to provide access to the beach.
375     c.  Known archaeological sites determined to be of
376significance by the Division of Historical Resources of the
377Department of State.
378     d.  Areas known to be important to animal species
379designated as endangered or threatened by the United States Fish
380and Wildlife Service or by the Fish and Wildlife Conservation
381Commission, for reproduction, feeding, or nesting; for traveling
382between such areas used for reproduction, feeding, or nesting;
383or for escape from predation.
384     e.  Areas known to contain plant species designated as
385endangered by the Department of Agriculture and Consumer
386Services.
387     2.  Produce, or dispose of, no substances designated as
388hazardous or toxic substances by the United States Environmental
389Protection Agency, the Department of Environmental Protection,
390or the Department of Agriculture and Consumer Services. This
391subparagraph does not apply to the production of these
392substances in nonsignificant amounts as would occur through
393household use or incidental use by businesses.
394     3.  Participate in a downtown reuse or redevelopment
395program to improve and rehabilitate a declining downtown area.
396     4.  Incorporate no dredge and fill activities in, and no
397stormwater discharge into, waters designated as Human Use
3982/Aquatic Life Use 2 Class II, aquatic preserves, or Outstanding
399Florida Waters, except as permitted pursuant to s. 403.813(1),
400and the developer demonstrates that those activities meet the
401standards under Human Use 2/Aquatic Life Use 2 Class II waters,
402Outstanding Florida Waters, or aquatic preserves, as applicable.
403     5.  Include open space, recreation areas, Florida-friendly
404landscaping as defined in s. 373.185, and energy conservation
405and minimize impermeable surfaces as appropriate to the location
406and type of project.
407     6.  Provide for construction and maintenance of all onsite
408infrastructure necessary to support the project and enter into a
409binding commitment with local government to provide an
410appropriate fair-share contribution toward the offsite impacts
411that the development will impose on publicly funded facilities
412and services, except offsite transportation, and condition or
413phase the commencement of development to ensure that public
414facilities and services, except offsite transportation, are
415available concurrent with the impacts of the development. For
416the purposes of offsite transportation impacts, the developer
417shall comply, at a minimum, with the standards of the state land
418planning agency's development-of-regional-impact transportation
419rule, the approved strategic regional policy plan, any
420applicable regional planning council transportation rule, and
421the approved local government comprehensive plan and land
422development regulations adopted pursuant to part II of chapter
423163.
424     7.  Design and construct the development in a manner that
425is consistent with the adopted state plan, the applicable
426strategic regional policy plan, and the applicable adopted local
427government comprehensive plan.
428     Section 9.  Effective July 1, 2012, subsection (29) of
429section 403.061, Florida Statutes, is amended to read:
430     403.061  Department; powers and duties.-The department
431shall have the power and the duty to control and prohibit
432pollution of air and water in accordance with the law and rules
433adopted and promulgated by it and, for this purpose, to:
434     (29)  Adopt by rule special criteria to protect Human Use
4352/Aquatic Life Use 2 Class II and Human Use 3/Aquatic Life Use 2
436Class III shellfish harvesting waters. Such rules may include
437special criteria for approving docking facilities that have 10
438or fewer slips if the construction and operation of such
439facilities will not result in the closure of shellfish waters.
440
441The department shall implement such programs in conjunction with
442its other powers and duties and shall place special emphasis on
443reducing and eliminating contamination that presents a threat to
444humans, animals or plants, or to the environment.
445     Section 10.  Effective July 1, 2012, paragraph (b) of
446subsection (7) of section 403.086, Florida Statutes, is amended
447to read:
448     403.086  Sewage disposal facilities; advanced and secondary
449waste treatment.-
450     (7)
451     (b)  Notwithstanding any other provisions of this chapter
452or chapter 373, backup discharges of reclaimed water meeting the
453standards as set forth in subsection (4) shall be presumed to be
454allowable and shall be permitted in all waters in the state at a
455reasonably accessible point where such discharge results in
456minimal negative impact. Wet weather discharges as provided in
457s. 2(3)(c), chapter 90-262, Laws of Florida, shall include
458backup discharges as provided in this section. The presumption
459of the allowability of a backup discharge may be overcome only
460by a demonstration that one or more of the following conditions
461is present:
462     1.  The discharge will be to an Outstanding Florida Water,
463except as provided in chapter 90-262, Laws of Florida;
464     2.  The discharge will be to Human Use 1/Aquatic Life Use 2
465Class I or Human Use 2/Aquatic Life Use 2 Class II waters;
466     3.  The increased volume of fresh water contributed by a
467backup discharge will seriously alter the natural freshwater to
468saltwater balance of receiving waters after reasonable
469opportunity for mixing;
470     4.  The discharge will be to a water body having a
471pollutant load reduction goal established by a water management
472district or the department, and the discharge will cause or
473contribute to a violation of the established goal;
474     5.  The discharge fails to meet the requirements of the
475antidegradation policy contained in department rules; or
476     6.  The discharge will be to waters that the department
477determines require more stringent nutrient limits than those set
478forth in subsection (4).
479     Section 11.  Effective July 1, 2012, paragraph (b) of
480subsection (6) of section 403.0882, Florida Statutes, is amended
481to read:
482     403.0882  Discharge of demineralization concentrate.-
483     (6)  This subsection applies only to small water utility
484businesses.
485     (b)  The presumption in paragraph (a) may be overcome only
486by a demonstration that one or more of the following conditions
487is present:
488     1.  The discharge will be made directly into an Outstanding
489Florida Water, except as provided in chapter 90-262, Laws of
490Florida;
491     2.  The discharge will be made directly to Human Use
4921/Aquatic Life Use 2 Class I or Human Use 2/Aquatic Life Use 2
493Class II waters;
494     3.  The discharge will be made to a water body having a
495total maximum daily load established by the department and the
496discharge will cause or contribute to a violation of the
497established load;
498     4.  The discharge fails to meet the requirements of the
499antidegradation policy contained in the department rules;
500     5.  The discharge will be made to a sole-source aquifer;
501     6.  The discharge fails to meet applicable surface water
502and groundwater quality standards; or
503     7.  The results of any toxicity test performed by the
504applicant under paragraph (d) or by the department indicate that
505the discharge does not meet toxicity requirements at the
506boundary of the mixing zone under subparagraph (a)2.
507     Section 12.  Effective July 1, 2012, paragraph (c) of
508subsection (3) of section 403.121, Florida Statutes, is amended
509to read:
510     403.121  Enforcement; procedure; remedies.-The department
511shall have the following judicial and administrative remedies
512available to it for violations of this chapter, as specified in
513s. 403.161(1).
514     (3)  Except for violations involving hazardous wastes,
515asbestos, or underground injection, administrative penalties
516must be calculated according to the following schedule:
517     (c)  For a dredge and fill or stormwater violation, the
518department shall assess a penalty of $1,000 for unpermitted or
519unauthorized dredging or filling or unauthorized construction of
520a stormwater management system against the person or persons
521responsible for the illegal dredging or filling, or unauthorized
522construction of a stormwater management system plus $2,000 if
523the dredging or filling occurs in an aquatic preserve,
524Outstanding Florida Water, conservation easement, or Human Use
5251/Aquatic Life Use 2 Class I or Human Use 2/Aquatic Life Use 2
526Class II surface water, plus $1,000 if the area dredged or
527filled is greater than one-quarter acre but less than or equal
528to one-half acre, and plus $1,000 if the area dredged or filled
529is greater than one-half acre but less than or equal to one
530acre. The administrative penalty schedule shall not apply to a
531dredge and fill violation if the area dredged or filled exceeds
532one acre. The department retains the authority to seek the
533judicial imposition of civil penalties for all dredge and fill
534violations involving more than one acre. The department shall
535assess a penalty of $3,000 for the failure to complete required
536mitigation, failure to record a required conservation easement,
537or for a water quality violation resulting from dredging or
538filling activities, stormwater construction activities or
539failure of a stormwater treatment facility. For stormwater
540management systems serving less than 5 acres, the department
541shall assess a penalty of $2,000 for the failure to properly or
542timely construct a stormwater management system. In addition to
543the penalties authorized in this subsection, the department
544shall assess a penalty of $5,000 per violation against the
545contractor or agent of the owner or tenant that conducts
546unpermitted or unauthorized dredging or filling. For purposes of
547this paragraph, the preparation or signing of a permit
548application by a person currently licensed under chapter 471 to
549practice as a professional engineer shall not make that person
550an agent of the owner or tenant.
551     Section 13.  Effective July 1, 2012, subsection (5) of
552section 403.707, Florida Statutes, is amended to read:
553     403.707  Permits.-
554     (5)  The department may not issue a construction permit
555pursuant to this part for a new solid waste landfill within
5563,000 feet of Human Use 1/Aquatic Life Use 2 Class I surface
557waters.
558     Section 14.  Effective July 1, 2012, paragraph (m) of
559subsection (1) of section 403.813, Florida Statutes, is amended
560to read:
561     403.813  Permits issued at district centers; exceptions.-
562     (1)  A permit is not required under this chapter, chapter
563373, chapter 61-691, Laws of Florida, or chapter 25214 or
564chapter 25270, 1949, Laws of Florida, for activities associated
565with the following types of projects; however, except as
566otherwise provided in this subsection, nothing in this
567subsection relieves an applicant from any requirement to obtain
568permission to use or occupy lands owned by the Board of Trustees
569of the Internal Improvement Trust Fund or any water management
570district in its governmental or proprietary capacity or from
571complying with applicable local pollution control programs
572authorized under this chapter or other requirements of county
573and municipal governments:
574     (m)  The installation of subaqueous transmission and
575distribution lines laid on, or embedded in, the bottoms of
576waters in the state, except in Human Use 1/Aquatic Life Use 2
577Class I and Human Use 2/Aquatic Life Use 2 Class II waters and
578aquatic preserves, provided no dredging or filling is necessary.
579     Section 15.  Except as otherwise expressly provided in this
580act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.