Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 768
Barcode 776114
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
05/02/2011 01:55 PM .
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Senator Evers moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 385 and 386
4 insert:
5 Section 11. Section 125.022, Florida Statutes, is amended
6 to read:
7 125.022 Development permits.—When a county denies an
8 application for a development permit, the county shall give
9 written notice to the applicant. The notice must include a
10 citation to the applicable portions of an ordinance, rule,
11 statute, or other legal authority for the denial of the permit.
12 As used in this section, the term “development permit” has the
13 same meaning as in s. 163.3164. A county may not require as a
14 condition of processing a development permit that an applicant
15 obtain a permit or approval from any other state or federal
16 agency unless the agency has issued a notice of intent to deny
17 the federal or state permit before the county action on the
18 local development permit. Issuance of a development permit by a
19 county does not in any way create any rights on the part of the
20 applicant to obtain a permit from another state or federal
21 agency and does not create any liability on the part of the
22 county for issuance of the permit if the applicant fails to
23 fulfill its legal obligations to obtain requisite approvals or
24 fulfill the obligations imposed by another state or a federal
25 agency. A county may attach such a disclaimer to the issuance of
26 a development permit, and may include a permit condition that
27 all other applicable state or federal permits be obtained before
28 commencement of the development. This section does not prohibit
29 a county from providing information to an applicant regarding
30 what other state or federal permits may apply.
31 Section 12. Section 161.032, Florida Statutes, is created
32 to read:
33 161.032 Application review; request for additional
34 information.—
35 (1) Within 30 days after receipt of an application for a
36 permit under this part, the department shall review the
37 application and shall request submission of any additional
38 information the department is permitted by law to require. If
39 the applicant believes that a request for additional information
40 is not authorized by law or rule, the applicant may request a
41 hearing pursuant to s. 120.57. Within 30 days after receipt of
42 the additional information, the department shall review the
43 additional information and may request only that information
44 needed to clarify such additional information or to answer new
45 questions raised by or directly related to such additional
46 information. If the applicant believes that the request for such
47 additional information by the department is not authorized by
48 law or rule, the department, at the applicant’s request, shall
49 proceed to process the permit application.
50 (2) Notwithstanding s. 120.60, an applicant for a permit
51 under this part has 90 days after the date of a timely request
52 for additional information to submit such information. If an
53 applicant requires more than 90 days in order to respond to a
54 request for additional information, the applicant must notify
55 the agency processing the permit application in writing of the
56 circumstances, at which time the application shall be held in
57 active status for no more than one additional period of up to 90
58 days. Additional extensions may be granted for good cause shown
59 by the applicant. A showing that the applicant is making a
60 diligent effort to obtain the requested additional information
61 constitutes good cause. Failure of an applicant to provide the
62 timely requested information by the applicable deadline shall
63 result in denial of the application without prejudice.
64 (3) Notwithstanding any other provision of law, the
65 department is authorized to issue permits pursuant to this part
66 in advance of the issuance of any incidental take authorization
67 as provided for in the Endangered Species Act and its
68 implementing regulations if the permits and authorizations
69 include a condition requiring that authorized activities shall
70 not begin until such incidental take authorization is issued.
71 Section 13. Subsections (5), (6), and (7) are added to
72 section 161.041, Florida Statutes, to read:
73 161.041 Permits required.—
74 (5) The provisions of s. 403.0874, relating to the
75 incentive-based permitting program, apply to all permits issued
76 under this chapter.
77 (6) The department may not require as a permit condition
78 sediment quality specifications or turbidity standards more
79 stringent than those provided for in this chapter, chapter 373,
80 or the Florida Administrative Code. The department may not issue
81 guidelines that are enforceable as standards without going
82 through the rulemaking process pursuant to chapter 120.
83 (7) As an incentive for permit applicants, it is the
84 Legislature’s intent to simplify the permitting for periodic
85 maintenance of beach renourishment projects previously permitted
86 and restored under the joint coastal permit process pursuant to
87 this section or part IV of chapter 373. The department shall
88 amend chapters 62B-41 and 62B-49 of the Florida Administrative
89 Code to streamline the permitting process, as necessary, for
90 periodic maintenance projects.
91 Section 14. Subsection (10) of section 163.3180, Florida
92 Statutes, is amended to read:
93 163.3180 Concurrency.—
94 (10)(a) Except in transportation concurrency exception
95 areas, with regard to roadway facilities on the Strategic
96 Intermodal System designated in accordance with s. 339.63, local
97 governments shall adopt the level-of-service standard
98 established by the Department of Transportation by rule.
99 However, if the Office of Tourism, Trade, and Economic
100 Development concurs in writing with the local government that
101 the proposed development is for a qualified job creation project
102 under s. 288.0656 or s. 403.973, the affected local government,
103 after consulting with the Department of Transportation, may
104 provide for a waiver of transportation concurrency for the
105 project. For all other roads on the State Highway System, local
106 governments shall establish an adequate level-of-service
107 standard that need not be consistent with any level-of-service
108 standard established by the Department of Transportation. In
109 establishing adequate level-of-service standards for any
110 arterial roads, or collector roads as appropriate, which
111 traverse multiple jurisdictions, local governments shall
112 consider compatibility with the roadway facility’s adopted
113 level-of-service standards in adjacent jurisdictions. Each local
114 government within a county shall use a professionally accepted
115 methodology for measuring impacts on transportation facilities
116 for the purposes of implementing its concurrency management
117 system. Counties are encouraged to coordinate with adjacent
118 counties, and local governments within a county are encouraged
119 to coordinate, for the purpose of using common methodologies for
120 measuring impacts on transportation facilities for the purpose
121 of implementing their concurrency management systems.
122 (b) There shall be a limited exemption from the Strategic
123 Intermodal System adopted level-of-service standards for new or
124 redevelopment projects that are consistent with the local
125 comprehensive plan as inland multimodal facilities receiving or
126 sending cargo for distribution and providing cargo storage,
127 consolidation, repackaging, and transfer of goods, and that may,
128 if developed as proposed, include other intermodal terminals,
129 related transportation facilities, warehousing and distribution
130 facilities, and associated office space, light industrial,
131 manufacturing, and assembly uses. The limited exemption applies
132 if the project meets all of the following criteria:
133 1. The project will not cause the adopted level-of-service
134 standards for the Strategic Intermodal System facilities to be
135 exceeded by more than 150 percent within the first 5 years of
136 the project’s development.
137 2. The project, upon completion, would result in the
138 creation of at least 50 full-time jobs.
139 3. The project is compatible with existing and planned
140 adjacent land uses.
141 4. The project is consistent with local and regional
142 economic development goals or plans.
143 5. The project is proximate to regionally significant road
144 and rail transportation facilities.
145 6. The project is in a rural area of critical economic
146 concern or proximate to a community having an unemployment rate,
147 as of the date of the development order application, which is 10
148 percent or more above the statewide reported average.
149 7. The local government has a plan, developed in
150 consultation with the Department of Transportation, for
151 mitigating any impacts to the Strategic Intermodal System.
152 Section 15. Section 166.033, Florida Statutes, is amended
153 to read:
154 166.033 Development permits.—When a municipality denies an
155 application for a development permit, the municipality shall
156 give written notice to the applicant. The notice must include a
157 citation to the applicable portions of an ordinance, rule,
158 statute, or other legal authority for the denial of the permit.
159 As used in this section, the term “development permit” has the
160 same meaning as in s. 163.3164. A municipality may not require
161 as a condition of processing a development permit that an
162 applicant obtain a permit or approval from any other state or
163 federal agency unless the agency has issued a notice of intent
164 to deny the federal or state permit before the municipal action
165 on the local development permit. Issuance of a development
166 permit by a municipality does not in any way create any right on
167 the part of an applicant to obtain a permit from another state
168 or federal agency and does not create any liability on the part
169 of the municipality for issuance of the permit if the applicant
170 fails to fulfill its legal obligations to obtain requisite
171 approvals or fulfill the obligations imposed by another state or
172 federal agency. A municipality may attach such a disclaimer to
173 the issuance of development permits and may include a permit
174 condition that all other applicable state or federal permits be
175 obtained before commencement of the development. This section
176 does not prohibit a municipality from providing information to
177 an applicant regarding what other state or federal permits may
178 apply.
179 Section 16. Section 218.075, Florida Statutes, is amended
180 to read:
181 218.075 Reduction or waiver of permit processing fees.
182 Notwithstanding any other provision of law, the Department of
183 Environmental Protection and the water management districts
184 shall reduce or waive permit processing fees for counties with a
185 population of 50,000 or less on April 1, 1994, until such
186 counties exceed a population of 75,000 and municipalities with a
187 population of 25,000 or less, or for an entity created by
188 special act, local ordinance, or interlocal agreement of such
189 counties or municipalities, or for any county or municipality
190 not included within a metropolitan statistical area. Fee
191 reductions or waivers shall be approved on the basis of fiscal
192 hardship or environmental need for a particular project or
193 activity. The governing body must certify that the cost of the
194 permit processing fee is a fiscal hardship due to one of the
195 following factors:
196 (1) Per capita taxable value is less than the statewide
197 average for the current fiscal year;
198 (2) Percentage of assessed property value that is exempt
199 from ad valorem taxation is higher than the statewide average
200 for the current fiscal year;
201 (3) Any condition specified in s. 218.503(1) which results
202 in the county or municipality being in a state of financial
203 emergency;
204 (4) Ad valorem operating millage rate for the current
205 fiscal year is greater than 8 mills; or
206 (5) A financial condition that is documented in annual
207 financial statements at the end of the current fiscal year and
208 indicates an inability to pay the permit processing fee during
209 that fiscal year.
210
211 The permit applicant must be the governing body of a county or
212 municipality or a third party under contract with a county or
213 municipality or an entity created by special act, local
214 ordinance, or interlocal agreement and the project for which the
215 fee reduction or waiver is sought must serve a public purpose.
216 If a permit processing fee is reduced, the total fee shall not
217 exceed $100.
218 Section 17. Paragraphs (a) and (b) of subsection (3) of
219 section 258.397, Florida Statutes, are amended to read:
220 258.397 Biscayne Bay Aquatic Preserve.—
221 (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
222 Internal Improvement Trust Fund is authorized and directed to
223 maintain the aquatic preserve hereby created pursuant and
224 subject to the following provisions:
225 (a) No further sale, transfer, or lease of sovereignty
226 submerged lands in the preserve shall be approved or consummated
227 by the board of trustees, except upon a showing of extreme
228 hardship on the part of the applicant and a determination by the
229 board of trustees that such sale, transfer, or lease is in the
230 public interest. A municipal applicant proposing a project under
231 paragraph (b) is exempt from showing extreme hardship.
232 (b) No further dredging or filling of submerged lands of
233 the preserve shall be approved or tolerated by the board of
234 trustees except:
235 1. Such minimum dredging and spoiling as may be authorized
236 for public navigation projects or for such minimum dredging and
237 spoiling as may be constituted as a public necessity or for
238 preservation of the bay according to the expressed intent of
239 this section.
240 2. Such other alteration of physical conditions, including
241 the placement of riprap, as may be necessary to enhance the
242 quality and utility of the preserve.
243 3. Such minimum dredging and filling as may be authorized
244 for the creation and maintenance of marinas, piers, and docks
245 and their attendant navigation channels and access roads. Such
246 projects may only be authorized upon a specific finding by the
247 board of trustees that there is assurance that the project will
248 be constructed and operated in a manner that will not adversely
249 affect the water quality and utility of the preserve. This
250 subparagraph shall not authorize the connection of upland canals
251 to the waters of the preserve.
252 4. Such dredging as is necessary for the purpose of
253 eliminating conditions hazardous to the public health or for the
254 purpose of eliminating stagnant waters, islands, and spoil
255 banks, the dredging of which would enhance the aesthetic and
256 environmental quality and utility of the preserve and be clearly
257 in the public interest as determined by the board of trustees.
258 5. Such dredging and filling as is necessary for the
259 creation of public waterfront promenades.
260
261 Any dredging or filling under this subsection or improvements
262 under subsection (5) shall be approved only after public notice
263 as provided by s. 253.115.
264 Section 18. Subsection (10) is added to section 373.026,
265 Florida Statutes, to read:
266 373.026 General powers and duties of the department.—The
267 department, or its successor agency, shall be responsible for
268 the administration of this chapter at the state level. However,
269 it is the policy of the state that, to the greatest extent
270 possible, the department may enter into interagency or
271 interlocal agreements with any other state agency, any water
272 management district, or any local government conducting programs
273 related to or materially affecting the water resources of the
274 state. All such agreements shall be subject to the provisions of
275 s. 373.046. In addition to its other powers and duties, the
276 department shall, to the greatest extent possible:
277 (10) Expand the use of Internet-based self-certification
278 services for appropriate exemptions and general permits issued
279 by the department and the water management districts, if such
280 expansion is economically feasible. In addition to expanding the
281 use of Internet-based self-certification services for
282 appropriate exemptions and general permits, the department and
283 the water management districts shall identify and develop
284 general permits for appropriate activities currently requiring
285 individual review which could be expedited through the use of
286 applicable professional certification.
287 Section 19. Subsection (6) is added to section 373.413,
288 Florida Statutes, to read:
289 373.413 Permits for construction or alteration.—
290 (6) The provisions of s. 403.0874, relating to the
291 incentive-based permitting program, apply to permits issued
292 under this section.
293 Section 20. Paragraph (c) of subsection (6) of section
294 373.4135, Florida Statutes, is amended to read:
295 373.4135 Mitigation banks and offsite regional mitigation.—
296 (6) An environmental creation, preservation, enhancement,
297 or restoration project, including regional offsite mitigation
298 areas, for which money is donated or paid as mitigation, that is
299 sponsored by the department, a water management district, or a
300 local government and provides mitigation for five or more
301 applicants for permits under this part, or for 35 or more acres
302 of adverse impacts, shall be established and operated under a
303 memorandum of agreement. The memorandum of agreement shall be
304 between the governmental entity proposing the mitigation project
305 and the department or water management district, as appropriate.
306 Such memorandum of agreement need not be adopted by rule. For
307 the purposes of this subsection, one creation, preservation,
308 enhancement, or restoration project shall mean one or more
309 parcels of land with similar ecological communities that are
310 intended to be created, preserved, enhanced, or restored under a
311 common scheme.
312 (c) At a minimum, the memorandum of agreement must address
313 the following for each project authorized:
314 1. A description of the work that will be conducted on the
315 site and a timeline for completion of such work.
316 2. A timeline for obtaining any required environmental
317 resource permit.
318 3. The environmental success criteria that the project must
319 achieve.
320 4. The monitoring and long-term management requirements
321 that must be undertaken for the project.
322 5. An assessment of the project in accordance with s.
323 373.4136(4)(a)-(i), until the adoption of the uniform wetland
324 mitigation assessment method pursuant to s. 373.414(18).
325 6. A designation of the entity responsible for the
326 successful completion of the mitigation work.
327 7. A definition of the geographic area where the project
328 may be used as mitigation established using the criteria of s.
329 373.4136(6).
330 8. Full cost accounting of the project, including annual
331 review and adjustment.
332 9. Provision and a timetable for the acquisition of any
333 lands necessary for the project.
334 10. Provision for preservation of the site.
335 11. Provision for application of all moneys received solely
336 to the project for which they were collected.
337 12. Provision for termination of the agreement and
338 cessation of use of the project as mitigation if any material
339 contingency of the agreement has failed to occur.
340 Section 21. Subsection (4) of section 373.4136, Florida
341 Statutes, is amended to read:
342 373.4136 Establishment and operation of mitigation banks.—
343 (4) MITIGATION CREDITS.—After evaluating the information
344 submitted by the applicant for a mitigation bank permit and
345 assessing the proposed mitigation bank pursuant to the criteria
346 in this section, the department or water management district
347 shall award a number of mitigation credits to a proposed
348 mitigation bank or phase of such mitigation bank. An entity
349 establishing and operating a mitigation bank may apply to modify
350 the mitigation bank permit to seek the award of additional
351 mitigation credits if the mitigation bank results in an
352 additional increase in ecological value over the value
353 contemplated at the time of the original permit issuance, or the
354 most recent modification thereto involving the number of credits
355 awarded. The number of credits awarded shall be based on the
356 degree of improvement in ecological value expected to result
357 from the establishment and operation of the mitigation bank as
358 determined using the uniform mitigation assessment method
359 adopted pursuant to s. 373.414(18). a functional assessment
360 methodology. In determining the degree of improvement in
361 ecological value, each of the following factors, at a minimum,
362 shall be evaluated:
363 (a) The extent to which target hydrologic regimes can be
364 achieved and maintained.
365 (b) The extent to which management activities promote
366 natural ecological conditions, such as natural fire patterns.
367 (c) The proximity of the mitigation bank to areas with
368 regionally significant ecological resources or habitats, such as
369 national or state parks, Outstanding National Resource Waters
370 and associated watersheds, Outstanding Florida Waters and
371 associated watersheds, and lands acquired through governmental
372 or nonprofit land acquisition programs for environmental
373 conservation; and the extent to which the mitigation bank
374 establishes corridors for fish, wildlife, or listed species to
375 those resources or habitats.
376 (d) The quality and quantity of wetland or upland
377 restoration, enhancement, preservation, or creation.
378 (e) The ecological and hydrological relationship between
379 wetlands and uplands in the mitigation bank.
380 (f) The extent to which the mitigation bank provides
381 habitat for fish and wildlife, especially habitat for species
382 listed as threatened, endangered, or of special concern, or
383 provides habitats that are unique for that mitigation service
384 area.
385 (g) The extent to which the lands that are to be preserved
386 are already protected by existing state, local, or federal
387 regulations or land use restrictions.
388 (h) The extent to which lands to be preserved would be
389 adversely affected if they were not preserved.
390 (i) Any special designation or classification of the
391 affected waters and lands.
392 Section 22. Subsections (1) and (2), paragraph (c) of
393 subsection (3), and subsection (4) of section 373.4137, Florida
394 Statutes, are amended to read:
395 373.4137 Mitigation requirements for specified
396 transportation projects.—
397 (1) The Legislature finds that environmental mitigation for
398 the impact of transportation projects proposed by the Department
399 of Transportation or a transportation authority established
400 pursuant to chapter 348 or chapter 349 can be more effectively
401 achieved by regional, long-range mitigation planning rather than
402 on a project-by-project basis. It is the intent of the
403 Legislature that mitigation to offset the adverse effects of
404 these transportation projects be funded by the Department of
405 Transportation and be carried out by the water management
406 districts, through including the use of private mitigation banks
407 if available or, if a private mitigation bank is not available,
408 through any other mitigation options that satisfy state and
409 federal requirements established pursuant to this part.
410 (2) Environmental impact inventories for transportation
411 projects proposed by the Department of Transportation or a
412 transportation authority established pursuant to chapter 348 or
413 chapter 349 shall be developed as follows:
414 (a) By July 1 of each year, the Department of
415 Transportation or a transportation authority established
416 pursuant to chapter 348 or chapter 349 which chooses to
417 participate in this program shall submit to the water management
418 districts a list copy of its projects in the adopted work
419 program and an environmental impact inventory of habitats
420 addressed in the rules adopted pursuant to this part and s. 404
421 of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
422 by its plan of construction for transportation projects in the
423 next 3 years of the tentative work program. The Department of
424 Transportation or a transportation authority established
425 pursuant to chapter 348 or chapter 349 may also include in its
426 environmental impact inventory the habitat impacts of any future
427 transportation project. The Department of Transportation and
428 each transportation authority established pursuant to chapter
429 348 or chapter 349 may fund any mitigation activities for future
430 projects using current year funds.
431 (b) The environmental impact inventory shall include a
432 description of these habitat impacts, including their location,
433 acreage, and type; state water quality classification of
434 impacted wetlands and other surface waters; any other state or
435 regional designations for these habitats; and a list survey of
436 threatened species, endangered species, and species of special
437 concern affected by the proposed project.
438 (3)
439 (c) Except for current mitigation projects in the
440 monitoring and maintenance phase and except as allowed by
441 paragraph (d), the water management districts may request a
442 transfer of funds from an escrow account no sooner than 30 days
443 prior to the date the funds are needed to pay for activities
444 associated with development or implementation of the approved
445 mitigation plan described in subsection (4) for the current
446 fiscal year, including, but not limited to, design, engineering,
447 production, and staff support. Actual conceptual plan
448 preparation costs incurred before plan approval may be submitted
449 to the Department of Transportation or the appropriate
450 transportation authority each year with the plan. The conceptual
451 plan preparation costs of each water management district will be
452 paid from mitigation funds associated with the environmental
453 impact inventory for the current year. The amount transferred to
454 the escrow accounts each year by the Department of
455 Transportation and participating transportation authorities
456 established pursuant to chapter 348 or chapter 349 shall
457 correspond to a cost per acre of $75,000 multiplied by the
458 projected acres of impact identified in the environmental impact
459 inventory described in subsection (2). However, the $75,000 cost
460 per acre does not constitute an admission against interest by
461 the state or its subdivisions nor is the cost admissible as
462 evidence of full compensation for any property acquired by
463 eminent domain or through inverse condemnation. Each July 1, the
464 cost per acre shall be adjusted by the percentage change in the
465 average of the Consumer Price Index issued by the United States
466 Department of Labor for the most recent 12-month period ending
467 September 30, compared to the base year average, which is the
468 average for the 12-month period ending September 30, 1996. Each
469 quarter, the projected acreage of impact shall be reconciled
470 with the acreage of impact of projects as permitted, including
471 permit modifications, pursuant to this part and s. 404 of the
472 Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
473 of funds shall be adjusted accordingly to reflect the acreage of
474 impacts as permitted. The Department of Transportation and
475 participating transportation authorities established pursuant to
476 chapter 348 or chapter 349 are authorized to transfer such funds
477 from the escrow accounts to the water management districts to
478 carry out the mitigation programs. Environmental mitigation
479 funds that are identified or maintained in an escrow account for
480 the benefit of a water management district may be released if
481 the associated transportation project is excluded in whole or
482 part from the mitigation plan. For a mitigation project that is
483 in the maintenance and monitoring phase, the water management
484 district may request and receive a one-time payment based on the
485 project’s expected future maintenance and monitoring costs. Upon
486 disbursement of the final maintenance and monitoring payment,
487 the department or the participating transportation authorities’
488 obligation will be satisfied, the water management district will
489 have continuing responsibility for the mitigation project, and
490 the escrow account for the project established by the Department
491 of Transportation or the participating transportation authority
492 may be closed. Any interest earned on these disbursed funds
493 shall remain with the water management district and must be used
494 as authorized under this section.
495 (4) Prior to March 1 of each year, each water management
496 district, in consultation with the Department of Environmental
497 Protection, the United States Army Corps of Engineers, the
498 Department of Transportation, participating transportation
499 authorities established pursuant to chapter 348 or chapter 349,
500 and other appropriate federal, state, and local governments, and
501 other interested parties, including entities operating
502 mitigation banks, shall develop a plan for the primary purpose
503 of complying with the mitigation requirements adopted pursuant
504 to this part and 33 U.S.C. s. 1344. In developing such plans,
505 private mitigation banks shall be used if available or, if a
506 private mitigation bank is not available, the districts shall
507 use utilize sound ecosystem management practices to address
508 significant water resource needs and shall focus on activities
509 of the Department of Environmental Protection and the water
510 management districts, such as surface water improvement and
511 management (SWIM) projects and lands identified for potential
512 acquisition for preservation, restoration or enhancement, and
513 the control of invasive and exotic plants in wetlands and other
514 surface waters, to the extent that such activities comply with
515 the mitigation requirements adopted under this part and 33
516 U.S.C. s. 1344. In determining the activities to be included in
517 such plans, the districts shall also consider the purchase of
518 credits from public or private mitigation banks permitted under
519 s. 373.4136 and associated federal authorization and shall
520 include such purchase as a part of the mitigation plan when such
521 purchase would offset the impact of the transportation project,
522 provide equal benefits to the water resources than other
523 mitigation options being considered, and provide the most cost
524 effective mitigation option. The mitigation plan shall be
525 submitted to the water management district governing board, or
526 its designee, for review and approval. At least 14 days prior to
527 approval, the water management district shall provide a copy of
528 the draft mitigation plan to any person who has requested a
529 copy.
530 (a) For each transportation project with a funding request
531 for the next fiscal year, the mitigation plan must include a
532 brief explanation of why a mitigation bank was or was not chosen
533 as a mitigation option, including an estimation of identifiable
534 costs of the mitigation bank and nonbank options to the extent
535 practicable.
536 (b) Specific projects may be excluded from the mitigation
537 plan, in whole or in part, and shall not be subject to this
538 section upon the election agreement of the Department of
539 Transportation, or a transportation authority if applicable, or
540 and the appropriate water management district that the inclusion
541 of such projects would hamper the efficiency or timeliness of
542 the mitigation planning and permitting process. The water
543 management district may choose to exclude a project in whole or
544 in part if the district is unable to identify mitigation that
545 would offset impacts of the project.
546 Section 23. Subsection (18) of section 373.414, Florida
547 Statutes, is amended to read:
548 373.414 Additional criteria for activities in surface
549 waters and wetlands.—
550 (18) The department, in coordination with and each water
551 management district responsible for implementation of the
552 environmental resource permitting program, shall develop a
553 uniform mitigation assessment method for wetlands and other
554 surface waters. The department shall adopt the uniform
555 mitigation assessment method by rule no later than July 31,
556 2002. The rule shall provide an exclusive, uniform, and
557 consistent process for determining the amount of mitigation
558 required to offset impacts to wetlands and other surface waters,
559 and, once effective, shall supersede all rules, ordinances, and
560 variance procedures from ordinances that determine the amount of
561 mitigation needed to offset such impacts. Except when evaluating
562 mitigation bank applications, which must meet the criteria of s.
563 373.4136(1), the rule shall be applied only after determining
564 that the mitigation is appropriate to offset the values and
565 functions of wetlands and surface waters to be adversely
566 impacted by the proposed activity. Once the department adopts
567 the uniform mitigation assessment method by rule, the uniform
568 mitigation assessment method shall be binding on the department,
569 the water management districts, local governments, and any other
570 governmental agencies and shall be the sole means to determine
571 the amount of mitigation needed to offset adverse impacts to
572 wetlands and other surface waters and to award and deduct
573 mitigation bank credits. A water management district and any
574 other governmental agency subject to chapter 120 may apply the
575 uniform mitigation assessment method without the need to adopt
576 it pursuant to s. 120.54. It shall be a goal of the department
577 and water management districts that the uniform mitigation
578 assessment method developed be practicable for use within the
579 timeframes provided in the permitting process and result in a
580 consistent process for determining mitigation requirements. It
581 shall be recognized that any such method shall require the
582 application of reasonable scientific judgment. The uniform
583 mitigation assessment method must determine the value of
584 functions provided by wetlands and other surface waters
585 considering the current conditions of these areas, utilization
586 by fish and wildlife, location, uniqueness, and hydrologic
587 connection, and, when applied to mitigation banks, the factors
588 listed in s. 373.4136(4). The uniform mitigation assessment
589 method shall also account for the expected time-lag associated
590 with offsetting impacts and the degree of risk associated with
591 the proposed mitigation. The uniform mitigation assessment
592 method shall account for different ecological communities in
593 different areas of the state. In developing the uniform
594 mitigation assessment method, the department and water
595 management districts shall consult with approved local programs
596 under s. 403.182 which have an established mitigation program
597 for wetlands or other surface waters. The department and water
598 management districts shall consider the recommendations
599 submitted by such approved local programs, including any
600 recommendations relating to the adoption by the department and
601 water management districts of any uniform mitigation methodology
602 that has been adopted and used by an approved local program in
603 its established mitigation program for wetlands or other surface
604 waters. Environmental resource permitting rules may establish
605 categories of permits or thresholds for minor impacts under
606 which the use of the uniform mitigation assessment method will
607 not be required. The application of the uniform mitigation
608 assessment method is not subject to s. 70.001. In the event the
609 rule establishing the uniform mitigation assessment method is
610 deemed to be invalid, the applicable rules related to
611 establishing needed mitigation in existence prior to the
612 adoption of the uniform mitigation assessment method, including
613 those adopted by a county which is an approved local program
614 under s. 403.182, and the method described in paragraph (b) for
615 existing mitigation banks, shall be authorized for use by the
616 department, water management districts, local governments, and
617 other state agencies.
618 (a) In developing the uniform mitigation assessment method,
619 the department shall seek input from the United States Army
620 Corps of Engineers in order to promote consistency in the
621 mitigation assessment methods used by the state and federal
622 permitting programs.
623 (b) An entity which has received a mitigation bank permit
624 prior to the adoption of the uniform mitigation assessment
625 method shall have impact sites assessed, for the purpose of
626 deducting bank credits, using the credit assessment method,
627 including any functional assessment methodology, which was in
628 place when the bank was permitted; unless the entity elects to
629 have its credits redetermined, and thereafter have its credits
630 deducted, using the uniform mitigation assessment method.
631 (c) The department shall ensure statewide coordination and
632 consistency in the interpretation and application of the uniform
633 mitigation assessment method rule by providing programmatic
634 training and guidance to staff of the department, water
635 management districts, and local governments. To ensure that the
636 uniform mitigation assessment method rule is interpreted and
637 applied uniformly, the department’s interpretation, guidance,
638 and approach to applying the uniform mitigation assessment
639 method rule shall govern.
640 (d) Applicants shall submit the information needed to
641 perform the assessment required under the uniform mitigation
642 assessment method rule and may submit the qualitative
643 characterization and quantitative assessment for each assessment
644 area specified by the rule. The reviewing agency shall review
645 that information and notify the applicant of any inadequacy in
646 the information or application of the assessment method.
647 (e) When conducting qualitative characterization of
648 artificial wetlands and other surface waters, such as borrow
649 pits, ditches, and canals, under the uniform mitigation
650 assessment method rule, the native community type to which it is
651 most analogous in function shall be used as a reference. For
652 wetlands or other surface waters that have been altered from
653 their native community type, the historic community type at that
654 location shall be used as a reference, unless the alteration has
655 been of such a degree and extent that a different native
656 community type is now present and self-sustaining.
657 (f) When conducting qualitative characterization of upland
658 mitigation assessment areas, the characterization shall include
659 functions that the upland assessment area provides to the fish
660 and wildlife of the associated wetland or other surface waters.
661 These functions shall be considered and accounted for when
662 scoring the upland assessment area for preservation,
663 enhancement, or restoration.
664 (g) The term “preservation mitigation,” as used in the
665 uniform mitigation assessment method, means the protection of
666 important wetland, other surface water, or upland ecosystems
667 predominantly in their existing condition and absent
668 restoration, creation, or enhancement from adverse impacts by
669 placing a conservation easement or other comparable land use
670 restriction over the property or by donation of fee simple
671 interest in the property. Preservation may include a management
672 plan for perpetual protection of the area. The preservation
673 adjustment factor set forth in rule 62-345.500(3), Florida
674 Administrative Code, shall apply only to preservation
675 mitigation.
676 (h) When assessing a preservation mitigation assessment
677 area under the uniform mitigation assessment method, the
678 following apply:
679 1. The term “without preservation” means the reasonably
680 anticipated loss of functions and values provided by the
681 assessment area, assuming the area is not preserved.
682 2. Each of the considerations of the preservation
683 adjustment factor specified in rule 62-345.500(3)(a), Florida
684 Administrative Code, shall be equally weighted and scored on a
685 scale from 0, no value, to 0.2, optimal value. In addition, the
686 minimum preservation adjustment factor shall be 0.2.
687 (i) The location and landscape support scores, pursuant to
688 rule 62-345.500, Florida Administrative Code, may change in the
689 “with mitigation” or “with impact” condition in both upland and
690 wetland assessment areas, regardless of the initial community
691 structure or water environment scores.
692 (j) When a mitigation plan for creation, restoration, or
693 enhancement includes a preservation mechanism, such as a
694 conservation easement, the “with mitigation” assessment of that
695 creation, restoration, or enhancement shall consider, and the
696 scores shall reflect, the benefits of that preservation
697 mechanism, and the benefits of that preservation mechanism may
698 not be scored separately.
699 (k) Any entity holding a mitigation bank permit that was
700 evaluated under the uniform mitigation assessment method before
701 the effective date of paragraphs (c)-(j) may submit a permit
702 modification request to the relevant permitting agency to have
703 such mitigation bank reassessed pursuant to the provisions set
704 forth in this section, and the relevant permitting agency shall
705 reassess such mitigation bank, if such request is filed with
706 that agency no later than September 30, 2011.
707 Section 24. Section 373.4141, Florida Statutes, is amended
708 to read:
709 373.4141 Permits; processing.—
710 (1) Within 30 days after receipt of an application for a
711 permit under this part, the department or the water management
712 district shall review the application and shall request
713 submittal of all additional information the department or the
714 water management district is permitted by law to require. If the
715 applicant believes any request for additional information is not
716 authorized by law or rule, the applicant may request a hearing
717 pursuant to s. 120.57. Within 30 days after receipt of such
718 additional information, the department or water management
719 district shall review it and may request only that information
720 needed to clarify such additional information or to answer new
721 questions raised by or directly related to such additional
722 information. If the applicant believes the request of the
723 department or water management district for such additional
724 information is not authorized by law or rule, the department or
725 water management district, at the applicant’s request, shall
726 proceed to process the permit application. The department or
727 water management district may request additional information no
728 more than twice unless the applicant waives this limitation in
729 writing. If the applicant does not provide a written response to
730 the second request for additional information within 90 days or
731 another time period mutually agreed upon between the applicant
732 and the department or water management district, the application
733 shall be considered withdrawn.
734 (2) A permit shall be approved, or denied, or subject to a
735 notice of proposed agency action within 60 90 days after receipt
736 of the original application, the last item of timely requested
737 additional material, or the applicant’s written request to begin
738 processing the permit application.
739 (3) Processing of applications for permits for affordable
740 housing projects shall be expedited to a greater degree than
741 other projects.
742 (4) A state agency or an agency of the state may not
743 require, as a condition of approval for a permit or as an item
744 to complete a pending permit application, that an applicant
745 obtain a permit or approval from any other local, state, or
746 federal agency without explicit statutory authority to require
747 such permit or approval.
748 Section 25. Section 373.4144, Florida Statutes, is amended
749 to read:
750 373.4144 Federal environmental permitting.—
751 (1) It is the intent of the Legislature to:
752 (a) Facilitate coordination and a more efficient process of
753 implementing regulatory duties and functions between the
754 Department of Environmental Protection, the water management
755 districts, the United States Army Corps of Engineers, the United
756 States Fish and Wildlife Service, the National Marine Fisheries
757 Service, the United States Environmental Protection Agency, the
758 Fish and Wildlife Conservation Commission, and other relevant
759 federal and state agencies.
760 (b) Authorize the Department of Environmental Protection to
761 obtain issuance by the United States Army Corps of Engineers,
762 pursuant to state and federal law and as set forth in this
763 section, of an expanded state programmatic general permit, or a
764 series of regional general permits, for categories of activities
765 in waters of the United States governed by the Clean Water Act
766 and in navigable waters under the Rivers and Harbors Act of 1899
767 which are similar in nature, which will cause only minimal
768 adverse environmental effects when performed separately, and
769 which will have only minimal cumulative adverse effects on the
770 environment.
771 (c) Use the mechanism of such a state general permit or
772 such regional general permits to eliminate overlapping federal
773 regulations and state rules that seek to protect the same
774 resource and to avoid duplication of permitting between the
775 United States Army Corps of Engineers and the department for
776 minor work located in waters of the United States, including
777 navigable waters, thus eliminating, in appropriate cases, the
778 need for a separate individual approval from the United States
779 Army Corps of Engineers while ensuring the most stringent
780 protection of wetland resources.
781 (d) Direct the department not to seek issuance of, or take
782 any action pursuant to, any such permit or permits unless such
783 conditions are at least as protective of the environment and
784 natural resources as existing state law under this part and
785 federal law under the Clean Water Act and the Rivers and Harbors
786 Act of 1899. The department is directed to develop, on or before
787 October 1, 2005, a mechanism or plan to consolidate, to the
788 maximum extent practicable, the federal and state wetland
789 permitting programs. It is the intent of the Legislature that
790 all dredge and fill activities impacting 10 acres or less of
791 wetlands or waters, including navigable waters, be processed by
792 the state as part of the environmental resource permitting
793 program implemented by the department and the water management
794 districts. The resulting mechanism or plan shall analyze and
795 propose the development of an expanded state programmatic
796 general permit program in conjunction with the United States
797 Army Corps of Engineers pursuant to s. 404 of the Clean Water
798 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
799 and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
800 or in combination with an expanded state programmatic general
801 permit, the mechanism or plan may propose the creation of a
802 series of regional general permits issued by the United States
803 Army Corps of Engineers pursuant to the referenced statutes. All
804 of the regional general permits must be administered by the
805 department or the water management districts or their designees.
806 (2) In order to carry out efficient wetland permitting and
807 avoid duplication, the department and water management districts
808 are authorized to implement a voluntary state programmatic
809 general permit for all dredge and fill activities impacting 3
810 acres or less of wetlands or other surface waters, including
811 navigable waters, subject to agreement with the United States
812 Army Corps of Engineers, if the general permit is at least as
813 protective of the environment and natural resources as existing
814 state law under this part and federal law under the Clean Water
815 Act and the Rivers and Harbors Act of 1899. The department is
816 directed to file with the Speaker of the House of
817 Representatives and the President of the Senate a report
818 proposing any required federal and state statutory changes that
819 would be necessary to accomplish the directives listed in this
820 section and to coordinate with the Florida Congressional
821 Delegation on any necessary changes to federal law to implement
822 the directives.
823 (3) Nothing in this section shall be construed to preclude
824 the department from pursuing a series of regional general
825 permits for construction activities in wetlands or surface
826 waters or complete assumption of federal permitting programs
827 regulating the discharge of dredged or fill material pursuant to
828 s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
829 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
830 Act of 1899, so long as the assumption encompasses all dredge
831 and fill activities in, on, or over jurisdictional wetlands or
832 waters, including navigable waters, within the state.
833 Section 26. Subsections (2) and (3), paragraph (a) of
834 subsection (4), and paragraph (a) of subsection (6) of section
835 373.41492, Florida Statutes, are amended to read:
836 373.41492 Miami-Dade County Lake Belt Mitigation Plan;
837 mitigation for mining activities within the Miami-Dade County
838 Lake Belt.—
839 (2) To provide for the mitigation of wetland resources lost
840 to mining activities within the Miami-Dade County Lake Belt
841 Plan, effective October 1, 1999, a mitigation fee is imposed on
842 each ton of limerock and sand extracted by any person who
843 engages in the business of extracting limerock or sand from
844 within the Miami-Dade County Lake Belt Area and the east one
845 half of sections 24 and 25 and all of sections 35 and 36,
846 Township 53 South, Range 39 East. The mitigation fee is imposed
847 for each ton of limerock and sand sold from within the
848 properties where the fee applies in raw, processed, or
849 manufactured form, including, but not limited to, sized
850 aggregate, asphalt, cement, concrete, and other limerock and
851 concrete products. The mitigation fee imposed by this subsection
852 for each ton of limerock and sand sold shall be 12 cents per ton
853 beginning January 1, 2007; 18 cents per ton beginning January 1,
854 2008; 24 cents per ton beginning January 1, 2009; and 45 cents
855 per ton beginning close of business December 31, 2011. To pay
856 for seepage mitigation projects, including hydrological
857 structures, as authorized in an environmental resource permit
858 issued by the department for mining activities within the Miami
859 Dade County Lake Belt Area, and to upgrade a water treatment
860 plant that treats water coming from the Northwest Wellfield in
861 Miami-Dade County, a water treatment plant upgrade fee is
862 imposed within the same Lake Belt Area subject to the mitigation
863 fee and upon the same kind of mined limerock and sand subject to
864 the mitigation fee. The water treatment plant upgrade fee
865 imposed by this subsection for each ton of limerock and sand
866 sold shall be 15 cents per ton beginning on January 1, 2007, and
867 the collection of this fee shall cease once the total amount of
868 proceeds collected for this fee reaches the amount of the actual
869 moneys necessary to design and construct the water treatment
870 plant upgrade, as determined in an open, public solicitation
871 process. Any limerock or sand that is used within the mine from
872 which the limerock or sand is extracted is exempt from the fees.
873 The amount of the mitigation fee and the water treatment plant
874 upgrade fee imposed under this section must be stated separately
875 on the invoice provided to the purchaser of the limerock or sand
876 product from the limerock or sand miner, or its subsidiary or
877 affiliate, for which the fee or fees apply. The limerock or sand
878 miner, or its subsidiary or affiliate, who sells the limerock or
879 sand product shall collect the mitigation fee and the water
880 treatment plant upgrade fee and forward the proceeds of the fees
881 to the Department of Revenue on or before the 20th day of the
882 month following the calendar month in which the sale occurs. As
883 used in this section, the term “proceeds of the fee” means all
884 funds collected and received by the Department of Revenue under
885 this section, including interest and penalties on delinquent
886 fees. The amount deducted for administrative costs may not
887 exceed 3 percent of the total revenues collected under this
888 section and may equal only those administrative costs reasonably
889 attributable to the fees.
890 (3) The mitigation fee and the water treatment plant
891 upgrade fee imposed by this section must be reported to the
892 Department of Revenue. Payment of the mitigation and the water
893 treatment plant upgrade fees must be accompanied by a form
894 prescribed by the Department of Revenue. The proceeds of the
895 mitigation fee, less administrative costs, must be transferred
896 by the Department of Revenue to the South Florida Water
897 Management District and deposited into the Lake Belt Mitigation
898 Trust Fund. Beginning January 1, 2012, and ending December 31,
899 2017, or upon issuance of water quality certification by the
900 department for mining activities within Phase II of the Miami
901 Dade County Lake Belt Plan, whichever occurs later, the proceeds
902 of the water treatment plant upgrade fee, less administrative
903 costs, must be transferred by the Department of Revenue to the
904 South Florida Water Management District and deposited into the
905 Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the
906 proceeds of the water treatment plant upgrade fee, less
907 administrative costs, must be transferred by the Department of
908 Revenue to a trust fund established by Miami-Dade County, for
909 the sole purpose authorized by paragraph (6)(a). As used in this
910 section, the term “proceeds of the fee” means all funds
911 collected and received by the Department of Revenue under this
912 section, including interest and penalties on delinquent fees.
913 The amount deducted for administrative costs may not exceed 3
914 percent of the total revenues collected under this section and
915 may equal only those administrative costs reasonably
916 attributable to the fees.
917 (4)(a) The Department of Revenue shall administer, collect,
918 and enforce the mitigation and water treatment plant upgrade
919 fees authorized under this section in accordance with the
920 procedures used to administer, collect, and enforce the general
921 sales tax imposed under chapter 212. The provisions of chapter
922 212 with respect to the authority of the Department of Revenue
923 to audit and make assessments, the keeping of books and records,
924 and the interest and penalties imposed on delinquent fees apply
925 to this section. The fees may not be included in computing
926 estimated taxes under s. 212.11, and the dealer’s credit for
927 collecting taxes or fees provided for in s. 212.12 does not
928 apply to the fees imposed by this section.
929 (6)(a) The proceeds of the mitigation fee must be used to
930 conduct mitigation activities that are appropriate to offset the
931 loss of the value and functions of wetlands as a result of
932 mining activities and must be used in a manner consistent with
933 the recommendations contained in the reports submitted to the
934 Legislature by the Miami-Dade County Lake Belt Plan
935 Implementation Committee and adopted under s. 373.4149. Such
936 mitigation may include the purchase, enhancement, restoration,
937 and management of wetlands and uplands, the purchase of
938 mitigation credit from a permitted mitigation bank, and any
939 structural modifications to the existing drainage system to
940 enhance the hydrology of the Miami-Dade County Lake Belt Area.
941 Funds may also be used to reimburse other funding sources,
942 including the Save Our Rivers Land Acquisition Program, the
943 Internal Improvement Trust Fund, the South Florida Water
944 Management District, and Miami-Dade County, for the purchase of
945 lands that were acquired in areas appropriate for mitigation due
946 to rock mining and to reimburse governmental agencies that
947 exchanged land under s. 373.4149 for mitigation due to rock
948 mining. The proceeds of the water treatment plant upgrade fee
949 that are deposited into the Lake Belt Mitigation Trust Fund
950 shall be used solely to pay for seepage mitigation projects,
951 including groundwater or surface water management structures, as
952 authorized in an environmental resource permit issued by the
953 department for mining activities within the Miami-Dade County
954 Lake Belt Area. The proceeds of the water treatment plant
955 upgrade fee that are transferred to a trust fund established by
956 Miami-Dade County shall be used to upgrade a water treatment
957 plant that treats water coming from the Northwest Wellfield in
958 Miami-Dade County. As used in this section, the terms “upgrade a
959 water treatment plant” or “water treatment plant upgrade” means
960 those works necessary to treat or filter a surface water source
961 or supply or both.
962 Section 27. Present subsections (3), (4), and (5) of
963 section 373.441, Florida Statutes, are renumbered as subsections
964 (7), (8), and (9), respectively, and new subsections (3), (4),
965 (5), and (6) are added to that section, to read:
966 373.441 Role of counties, municipalities, and local
967 pollution control programs in permit processing; delegation.—
968 (3) A county or municipality having a population of 400,000
969 or more that implements a local pollution control program
970 regulating all or a portion of the wetlands or surface waters
971 throughout its geographic boundary must apply for delegation of
972 state environmental resource permitting authority on or before
973 January 1, 2013. If such a county or municipality fails to
974 receive delegation of all or a portion of state environmental
975 resource permitting authority within 2 years after submitting
976 its application for delegation or by January 1, 2015, at the
977 latest, it may not require permits that in part or in full are
978 substantially similar to the requirements needed to obtain an
979 environmental resource permit. A county or municipality that has
980 received delegation before January 1, 2013, does not need to
981 reapply.
982 (4) The department is responsible for all delegations of
983 state environmental resource permitting authority to local
984 governments. The department must grant or deny an application
985 for delegation submitted by a county or municipality that meets
986 the criteria in subsection (3) within 2 years after the receipt
987 of the application. If an application for delegation is denied,
988 any available legal challenge to such denial shall toll the 1
989 year preemption deadline until resolution of the legal
990 challenge. Upon delegation to a qualified local government, the
991 department and water management district may not regulate the
992 activities subject to the delegation within that jurisdiction.
993 (5) This section does not prohibit or limit a local
994 government that meets the criteria in subsection (3) from
995 regulating wetlands or surface waters after January 1, 2013, if
996 the local government receives delegation of all or a portion of
997 state environmental resource permitting authority within 2 years
998 after submitting its application for delegation.
999 (6) Notwithstanding subsections (3), (4), and (5), this
1000 section does not apply to environmental resource permitting or
1001 reclamation applications for solid mineral mining and does not
1002 prohibit the application of local government regulations to any
1003 new solid mineral mine or any proposed addition to, change to,
1004 or expansion of an existing solid mineral mine.
1005 Section 28. Paragraph (b) of subsection (11) of section
1006 376.3071, Florida Statutes, is amended to read:
1007 376.3071 Inland Protection Trust Fund; creation; purposes;
1008 funding.—
1009 (11)
1010 (b) Low-scored site initiative.—Notwithstanding s.
1011 376.30711, any site with a priority ranking score of 10 points
1012 or less may voluntarily participate in the low-scored site
1013 initiative, whether or not the site is eligible for state
1014 restoration funding.
1015 1. To participate in the low-scored site initiative, the
1016 responsible party or property owner must affirmatively
1017 demonstrate that the following conditions are met:
1018 a. Upon reassessment pursuant to department rule, the site
1019 retains a priority ranking score of 10 points or less.
1020 b. No excessively contaminated soil, as defined by
1021 department rule, exists onsite as a result of a release of
1022 petroleum products.
1023 c. A minimum of 6 months of groundwater monitoring
1024 indicates that the plume is shrinking or stable.
1025 d. The release of petroleum products at the site does not
1026 adversely affect adjacent surface waters, including their
1027 effects on human health and the environment.
1028 e. The area of groundwater containing the petroleum
1029 products’ chemicals of concern is less than one-quarter acre and
1030 is confined to the source property boundaries of the real
1031 property on which the discharge originated.
1032 f. Soils onsite that are subject to human exposure found
1033 between land surface and 2 feet below land surface meet the soil
1034 cleanup target levels established by department rule or human
1035 exposure is limited by appropriate institutional or engineering
1036 controls.
1037 2. Upon affirmative demonstration of the conditions under
1038 subparagraph 1., the department shall issue a determination of
1039 “No Further Action.” Such determination acknowledges that
1040 minimal contamination exists onsite and that such contamination
1041 is not a threat to human health or the environment. If no
1042 contamination is detected, the department may issue a site
1043 rehabilitation completion order.
1044 3. Sites that are eligible for state restoration funding
1045 may receive payment of preapproved costs for the low-scored site
1046 initiative as follows:
1047 a. A responsible party or property owner may submit an
1048 assessment plan designed to affirmatively demonstrate that the
1049 site meets the conditions under subparagraph 1. Notwithstanding
1050 the priority ranking score of the site, the department may
1051 preapprove the cost of the assessment pursuant to s. 376.30711,
1052 including 6 months of groundwater monitoring, not to exceed
1053 $30,000 for each site. The department may not pay the costs
1054 associated with the establishment of institutional or
1055 engineering controls.
1056 b. The assessment work shall be completed no later than 6
1057 months after the department issues its approval.
1058 c. No more than $10 million for the low-scored site
1059 initiative shall be encumbered from the Inland Protection Trust
1060 Fund in any fiscal year. Funds shall be made available on a
1061 first-come, first-served basis and shall be limited to 10 sites
1062 in each fiscal year for each responsible party or property
1063 owner.
1064 d. Program deductibles, copayments, and the limited
1065 contamination assessment report requirements under paragraph
1066 (13)(c) do not apply to expenditures under this paragraph.
1067 Section 29. Section 376.30715, Florida Statutes, is amended
1068 to read:
1069 376.30715 Innocent victim petroleum storage system
1070 restoration.—A contaminated site acquired by the current owner
1071 prior to July 1, 1990, which has ceased operating as a petroleum
1072 storage or retail business prior to January 1, 1985, is eligible
1073 for financial assistance pursuant to s. 376.305(6),
1074 notwithstanding s. 376.305(6)(a). For purposes of this section,
1075 the term “acquired” means the acquisition of title to the
1076 property; however, a subsequent transfer of the property to a
1077 spouse or child of the owner, a surviving spouse or child of the
1078 owner in trust or free of trust, or a revocable trust created
1079 for the benefit of the settlor, or a corporate entity created by
1080 the owner to hold title to the site does not disqualify the site
1081 from financial assistance pursuant to s. 376.305(6), and
1082 applicants previously denied coverage may reapply. Eligible
1083 sites shall be ranked in accordance with s. 376.3071(5).
1084 Section 30. Section 378.413, Florida Statutes, is created
1085 to read:
1086 378.413 Regulatory preemption for construction aggregate
1087 materials mining.-Except as otherwise provided in this section,
1088 it is the intent of the Legislature for all mines for
1089 construction aggregate materials, as defined under s.
1090 337.0261(1), for which an environmental resource permit
1091 application was filed pursuant to part IV of chapter 373, since
1092 January 1, 2008, that the regulation, permitting, and
1093 enforcement of all matters relating to stormwater, drainage,
1094 wetlands, surface or ground water flows or levels, surface or
1095 ground water quality, or surface or ground water management,
1096 reclamation, consumptive uses of water, and imperiled,
1097 endangered, or threatened species under, but not limited to, s.
1098 9, Art. IV of the State Constitution, this chapter, chapters 373
1099 and 379, and parts II and IV of chapter 403 or any equivalent
1100 federal law or regulation, are preempted to the state, and a
1101 county may not enact any ordinance or local rule, or attempt to
1102 regulate or enforce by any means, any matter relating to these
1103 subjects. This section does not apply to construction aggregate
1104 materials mines in the Miami-Dade County Lake Belt Area as
1105 described in s. 373.4149(3).
1106 Section 31. Paragraph (u) is added to subsection (24) of
1107 section 380.06, Florida Statutes, to read:
1108 380.06 Developments of regional impact.—
1109 (24) STATUTORY EXEMPTIONS.—
1110 (u) Any proposed solid mineral mine and any proposed
1111 addition to, expansion of, or change to an existing solid
1112 mineral mine is exempt from the provisions of this section.
1113 Proposed changes to any previously approved solid mineral mine
1114 development-of-regional-impact development orders having vested
1115 rights is not subject to further review or approval as a
1116 development of regional impact or notice of proposed change
1117 review or approval pursuant to subsection (19), except for those
1118 applications pending as of July 1, 2011, which shall be governed
1119 by s. 380.115(2). Notwithstanding the foregoing, however,
1120 pursuant to s. 380.115(1), previously approved solid mineral
1121 mine development-of-regional-impact development orders shall
1122 continue to enjoy vested rights and continue to be effective
1123 unless rescinded by the developer. All local government
1124 regulations of proposed solid mineral mines apply to any new
1125 solid mineral mine or to any proposed addition to, expansion of,
1126 or change to an existing solid mineral mine. Notwithstanding
1127 this exemption, a new solid mineral mine that contributes more
1128 than 5 percent of the maximum service volume to a Strategic
1129 Intermodal System facility operating below its designated level
1130 of service must enter into a binding agreement with the
1131 Department of Transportation to mitigate its impacts to the
1132 Strategic Intermodal System facility.
1133
1134 If a use is exempt from review as a development of regional
1135 impact under paragraphs (a)-(s), but will be part of a larger
1136 project that is subject to review as a development of regional
1137 impact, the impact of the exempt use must be included in the
1138 review of the larger project, unless such exempt use involves a
1139 development of regional impact that includes a landowner,
1140 tenant, or user that has entered into a funding agreement with
1141 the Office of Tourism, Trade, and Economic Development under the
1142 Innovation Incentive Program and the agreement contemplates a
1143 state award of at least $50 million.
1144 Section 32. Subsection (1) of section 380.0657, Florida
1145 Statutes, is amended to read:
1146 380.0657 Expedited permitting process for economic
1147 development projects.—
1148 (1) The Department of Environmental Protection and, as
1149 appropriate, the water management districts created under
1150 chapter 373 shall adopt programs to expedite the processing of
1151 wetland resource and environmental resource permits for economic
1152 development projects that have been identified by a municipality
1153 or county as meeting the definition of target industry
1154 businesses under s. 288.106, or any inland multimodal facility,
1155 receiving or sending cargo to or from Florida ports, with the
1156 exception of those projects requiring approval by the Board of
1157 Trustees of the Internal Improvement Trust Fund.
1158 Section 33. Subsection (11) of section 403.061, Florida
1159 Statutes, is amended to read:
1160 403.061 Department; powers and duties.—The department shall
1161 have the power and the duty to control and prohibit pollution of
1162 air and water in accordance with the law and rules adopted and
1163 promulgated by it and, for this purpose, to:
1164 (11) Establish ambient air quality and water quality
1165 standards for the state as a whole or for any part thereof, and
1166 also standards for the abatement of excessive and unnecessary
1167 noise. The department is authorized to establish reasonable
1168 zones of mixing for discharges into waters. For existing
1169 installations as defined by rule 62-520.200(10), Florida
1170 Administrative Code, effective July 12, 2009, zones of discharge
1171 to groundwater are authorized to a facility’s or owner’s
1172 property boundary and extending to the base of a specifically
1173 designated aquifer or aquifers. Exceedance of primary and
1174 secondary groundwater standards that occur within a zone of
1175 discharge does not create liability pursuant to this chapter or
1176 chapter 376 for site cleanup, and the exceedance of soil cleanup
1177 target levels is not a basis for enforcement or site cleanup.
1178 (a) When a receiving body of water fails to meet a water
1179 quality standard for pollutants set forth in department rules, a
1180 steam electric generating plant discharge of pollutants that is
1181 existing or licensed under this chapter on July 1, 1984, may
1182 nevertheless be granted a mixing zone, provided that:
1183 1. The standard would not be met in the water body in the
1184 absence of the discharge;
1185 2. The discharge is in compliance with all applicable
1186 technology-based effluent limitations;
1187 3. The discharge does not cause a measurable increase in
1188 the degree of noncompliance with the standard at the boundary of
1189 the mixing zone; and
1190 4. The discharge otherwise complies with the mixing zone
1191 provisions specified in department rules.
1192 (b) No mixing zone for point source discharges shall be
1193 permitted in Outstanding Florida Waters except for:
1194 1. Sources that have received permits from the department
1195 prior to April 1, 1982, or the date of designation, whichever is
1196 later;
1197 2. Blowdown from new power plants certified pursuant to the
1198 Florida Electrical Power Plant Siting Act;
1199 3. Discharges of water necessary for water management
1200 purposes which have been approved by the governing board of a
1201 water management district and, if required by law, by the
1202 secretary; and
1203 4. The discharge of demineralization concentrate which has
1204 been determined permittable under s. 403.0882 and which meets
1205 the specific provisions of s. 403.0882(4)(a) and (b), if the
1206 proposed discharge is clearly in the public interest.
1207 (c) The department, by rule, shall establish water quality
1208 criteria for wetlands which criteria give appropriate
1209 recognition to the water quality of such wetlands in their
1210 natural state.
1211
1212 Nothing in this act shall be construed to invalidate any
1213 existing department rule relating to mixing zones. The
1214 department shall cooperate with the Department of Highway Safety
1215 and Motor Vehicles in the development of regulations required by
1216 s. 316.272(1).
1217
1218 The department shall implement such programs in conjunction with
1219 its other powers and duties and shall place special emphasis on
1220 reducing and eliminating contamination that presents a threat to
1221 humans, animals or plants, or to the environment.
1222 Section 34. Subsection (7) of section 403.087, Florida
1223 Statutes, is amended to read:
1224 403.087 Permits; general issuance; denial; revocation;
1225 prohibition; penalty.—
1226 (7) A permit issued pursuant to this section shall not
1227 become a vested right in the permittee. The department may
1228 revoke any permit issued by it if it finds that the permitholder
1229 has:
1230 (a) Has Submitted false or inaccurate information in the
1231 his or her application for such permit;
1232 (b) Has Violated law, department orders, rules, or
1233 regulations, or permit conditions;
1234 (c) Has Failed to submit operational reports or other
1235 information required by department rule which directly relate to
1236 such permit and has refused to correct or cure such violations
1237 when requested to do so or regulation; or
1238 (d) Has Refused lawful inspection under s. 403.091 at the
1239 facility authorized by such permit.
1240 Section 35. Section 403.0874, Florida Statutes, is created
1241 to read:
1242 403.0874 Incentive-based permitting program.—
1243 (1) SHORT TITLE.—This section may be cited as the “Florida
1244 Incentive-based Permitting Act.”
1245 (2) FINDINGS AND INTENT.—The Legislature finds and declares
1246 that the department should consider compliance history when
1247 deciding whether to issue, renew, amend, or modify a permit by
1248 evaluating an applicant’s site-specific and program-specific
1249 relevant aggregate compliance history. Persons having a history
1250 of complying with applicable permits or state environmental laws
1251 and rules are eligible for permitting benefits, including, but
1252 not limited to, expedited permit application reviews, longer
1253 duration permit periods, decreased announced compliance
1254 inspections, and other similar regulatory and compliance
1255 incentives to encourage and reward such persons for their
1256 environmental performance.
1257 (3) APPLICABILITY.—
1258 (a) This section applies to all persons and regulated
1259 activities that are subject to the permitting requirements of
1260 chapter 161, chapter 373, or this chapter, and all other
1261 applicable state or federal laws that govern activities for the
1262 purpose of protecting the environment or the public health from
1263 pollution or contamination.
1264 (b) Notwithstanding paragraph (a), this section does not
1265 apply to certain permit actions or environmental permitting laws
1266 such as:
1267 1. Environmental permitting or authorization laws that
1268 regulate activities for the purpose of zoning, growth
1269 management, or land use; or
1270 2. Any federal law or program delegated or assumed by the
1271 state to the extent that implementation of this section, or any
1272 part of this section, would jeopardize the ability of the state
1273 to retain such delegation or assumption.
1274 (c) As used in this section, the term “regulated activity”
1275 means any activity, including, but not limited to, the
1276 construction or operation of a facility, installation, system,
1277 or project, for which a permit, certification, or authorization
1278 is required under chapter 161, chapter 373, or this chapter.
1279 (4) COMPLIANCE HISTORY.—The compliance history period shall
1280 be the 10 years before the date any permit or renewal
1281 application is received by the department. Any person is
1282 entitled to the incentives under subsection (5) if:
1283 (a)1. The applicant has conducted the regulated activity at
1284 the same site for which the permit or renewal is sought for at
1285 least 8 of the 10 years before the date the permit application
1286 is received by the department; or
1287 2. The applicant has conducted the same regulated activity
1288 at a different site within the state for at least 8 of the 10
1289 years before the date the permit or renewal application is
1290 received by the department; and
1291 (b) In the 10 years before the date the permit or renewal
1292 application is received by the department or water management
1293 district, the applicant has not been subject to a final
1294 administrative order or civil judgment or criminal conviction
1295 whereby an administrative law judge or civil or criminal court
1296 found the applicant violated the applicable law or rule, and has
1297 not been the subject of an administrative settlement or consent
1298 order, whether formal or informal, that established a violation
1299 of an applicable law or rule; and
1300 (c) The applicant can demonstrate during a 10-year
1301 compliance history period the implementation of activities or
1302 practices that resulted in:
1303 1. Reductions in actual or permitted discharges or
1304 emissions;
1305 2. Reductions in the impacts of regulated activities on
1306 public lands or natural resources; and
1307 3. Implementation of voluntary environmental performance
1308 programs, such as environmental management systems.
1309 (5) COMPLIANCE INCENTIVES.—An applicant shall request all
1310 applicable incentives at the time of application submittal.
1311 Unless otherwise prohibited by state or federal law, rule, or
1312 regulation, and if the applicant meets all other applicable
1313 criteria for the issuance of a permit or authorization, an
1314 applicant is entitled to the following incentives:
1315 (a) Expedited reviews on permit actions, including, but not
1316 limited to, initial permit issuance, renewal, modification, and
1317 transfer, if applicable. Expedited review means, at a minimum,
1318 that the initial request for additional information regarding a
1319 permit application shall be issued no later than 30 days after
1320 the application is filed, and final agency action shall be taken
1321 no later than 60 days after the application is deemed complete;
1322 (b) Priority review of the permit application;
1323 (c) Reduction in the number of routine compliance
1324 inspections;
1325 (d) No more than two requests for additional information
1326 under s. 120.60; and
1327 (e) Longer permit period durations.
1328 (6) RULEMAKING.—The department may adopt additional
1329 incentives by rule. Such incentives shall be based on, and
1330 proportional to, actions taken by the applicant to reduce the
1331 applicant’s impacts on human health and the environment beyond
1332 those actions required by law. The department’s rules adopted
1333 under this section are binding on the water management districts
1334 and any local government that has been delegated or assumed a
1335 regulatory program to which this section applies.
1336 (7) SAVINGS PROVISION.—This section does not affect an
1337 applicant’s responsibility to provide reasonable assurance of
1338 compliance with applicable statutes and rules as a condition
1339 precedent to issuance of a permit and does not limit factors the
1340 department, a water management district, or a delegated program
1341 may consider in evaluating a permit application under existing
1342 law.
1343 Section 36. Subsection (2) of section 403.1838, Florida
1344 Statutes, is amended to read:
1345 403.1838 Small Community Sewer Construction Assistance
1346 Act.—
1347 (2) The department shall use funds specifically
1348 appropriated to award grants under this section to assist
1349 financially disadvantaged small communities with their needs for
1350 adequate sewer facilities. For purposes of this section, the
1351 term “financially disadvantaged small community” means a
1352 municipality that has with a population of 10,000 7,500 or fewer
1353 less, according to the latest decennial census and a per capita
1354 annual income less than the state per capita annual income as
1355 determined by the United States Department of Commerce.
1356 Section 37. Paragraph (f) of subsection (1) of section
1357 403.7045, Florida Statutes, is amended to read:
1358 403.7045 Application of act and integration with other
1359 acts.—
1360 (1) The following wastes or activities shall not be
1361 regulated pursuant to this act:
1362 (f) Industrial byproducts, if:
1363 1. A majority of the industrial byproducts are demonstrated
1364 to be sold, used, or reused within 1 year.
1365 2. The industrial byproducts are not discharged, deposited,
1366 injected, dumped, spilled, leaked, or placed upon any land or
1367 water so that such industrial byproducts, or any constituent
1368 thereof, may enter other lands or be emitted into the air or
1369 discharged into any waters, including groundwaters, or otherwise
1370 enter the environment such that a threat of contamination in
1371 excess of applicable department standards and criteria or a
1372 significant threat to public health is caused.
1373 3. The industrial byproducts are not hazardous wastes as
1374 defined under s. 403.703 and rules adopted under this section.
1375
1376 Sludge from an industrial waste treatment works which meets the
1377 exemption requirements of this paragraph is not solid waste as
1378 defined in s. 403.703(32).
1379 Section 38. Section 403.70611, Florida Statutes, is amended
1380 to read:
1381 403.70611 Requirements relating to solid waste disposal
1382 facility permitting.—
1383 (1) Local government applicants for a permit to construct
1384 or expand a Class I landfill are encouraged to consider
1385 construction of a waste-to-energy facility as an alternative to
1386 additional landfill space.
1387 (2) The Department of Environmental Protection may not
1388 issue a construction permit for a new privately owned Class I
1389 landfill that will be located within 50 miles by road of an
1390 active Class I landfill.
1391 Section 39. Subsections (2) and (3) of section 403.707,
1392 Florida Statutes, are amended to read:
1393 403.707 Permits.—
1394 (2) Except as provided in s. 403.722(6), a permit under
1395 this section is not required for the following, if the activity
1396 does not create a public nuisance or any condition adversely
1397 affecting the environment or public health and does not violate
1398 other state or local laws, ordinances, rules, regulations, or
1399 orders:
1400 (a) Disposal by persons of solid waste resulting from their
1401 own activities on their own property, if such waste is ordinary
1402 household waste from their residential property or is rocks,
1403 soils, trees, tree remains, and other vegetative matter that
1404 normally result from land development operations. Disposal of
1405 materials that could create a public nuisance or adversely
1406 affect the environment or public health, such as white goods;
1407 automotive materials, such as batteries and tires; petroleum
1408 products; pesticides; solvents; or hazardous substances, is not
1409 covered under this exemption.
1410 (b) Storage in containers by persons of solid waste
1411 resulting from their own activities on their property, leased or
1412 rented property, or property subject to a homeowners or
1413 maintenance association for which the person contributes
1414 association assessments, if the solid waste in such containers
1415 is collected at least once a week.
1416 (c) Disposal by persons of solid waste resulting from their
1417 own activities on their property, if the environmental effects
1418 of such disposal on groundwater and surface waters are:
1419 1. Addressed or authorized by a site certification order
1420 issued under part II or a permit issued by the department under
1421 this chapter or rules adopted pursuant to this chapter; or
1422 2. Addressed or authorized by, or exempted from the
1423 requirement to obtain, a groundwater monitoring plan approved by
1424 the department. If a facility has a permit authorizing disposal
1425 activity, new areas where solid waste is being disposed of, that
1426 are monitored by an existing or modified groundwater monitoring
1427 plan are not required to be specifically authorized in a permit
1428 or other certification.
1429 (d) Disposal by persons of solid waste resulting from their
1430 own activities on their own property, if such disposal occurred
1431 prior to October 1, 1988.
1432 (e) Disposal of solid waste resulting from normal farming
1433 operations as defined by department rule. Polyethylene
1434 agricultural plastic, damaged, nonsalvageable, untreated wood
1435 pallets, and packing material that cannot be feasibly recycled,
1436 which are used in connection with agricultural operations
1437 related to the growing, harvesting, or maintenance of crops, may
1438 be disposed of by open burning if a public nuisance or any
1439 condition adversely affecting the environment or the public
1440 health is not created by the open burning and state or federal
1441 ambient air quality standards are not violated.
1442 (f) The use of clean debris as fill material in any area.
1443 However, this paragraph does not exempt any person from
1444 obtaining any other required permits, and does not affect a
1445 person’s responsibility to dispose of clean debris appropriately
1446 if it is not to be used as fill material.
1447 (g) Compost operations that produce less than 50 cubic
1448 yards of compost per year when the compost produced is used on
1449 the property where the compost operation is located.
1450 (3)(a) All applicable provisions of ss. 403.087 and
1451 403.088, relating to permits, apply to the control of solid
1452 waste management facilities.
1453 (b) Any permit issued to a solid waste management facility
1454 that is designed with a leachate control system that meets
1455 department requirements shall be issued for a term of 20 years
1456 unless the applicant requests a lesser permit term. Existing
1457 permit fees for qualifying solid waste management facilities
1458 shall be prorated to the permit term authorized by this section.
1459 This provision applies to all qualifying solid waste management
1460 facilities that apply for an operating or construction permit or
1461 renew an existing operating or construction permit on or after
1462 July 1, 2012.
1463 Section 40. Subsection (12) is added to section 403.814,
1464 Florida Statutes, to read:
1465 403.814 General permits; delegation.—
1466 (12) A general permit shall be granted for the
1467 construction, alteration, and maintenance of a surface water
1468 management system serving a total project area of up to 10
1469 acres. The construction of such a system may proceed without any
1470 agency action by the department or water management district if:
1471 (a) The total project area is less than 10 acres;
1472 (b) The total project area involves less than 2 acres of
1473 impervious surface;
1474 (c) No activities will impact wetlands or other surface
1475 waters;
1476 (d) No activities are conducted in, on, or over wetlands or
1477 other surface waters;
1478 (e) Drainage facilities will not include pipes having
1479 diameters greater than 24 inches, or the hydraulic equivalent,
1480 and will not use pumps in any manner;
1481 (f) The project is not part of a larger common plan,
1482 development, or sale.
1483 (g) The project does not:
1484 1. Cause adverse water quantity or flooding impacts to
1485 receiving water and adjacent lands;
1486 2. Cause adverse impacts to existing surface water storage
1487 and conveyance capabilities;
1488 3. Cause a violation of state water quality standards; and
1489 4. Cause an adverse impact to the maintenance of surface or
1490 ground water levels or surface water flows established pursuant
1491 to s. 373.042 or a work of the district established pursuant to
1492 s. 373.086; and
1493 (h) The surface water management system design plans must
1494 be signed and sealed by a Florida registered professional who
1495 shall attest that the system will perform and function as
1496 proposed and has been designed in accordance with appropriate,
1497 generally accepted performance standards and scientific
1498 principles.
1499 Section 41. Subsection (6) of section 403.853, Florida
1500 Statutes, is amended to read:
1501 403.853 Drinking water standards.—
1502 (6) Upon the request of the owner or operator of a
1503 transient noncommunity water system using groundwater as a
1504 source of supply and serving religious institutions or
1505 businesses, other than restaurants or other public food service
1506 establishments or religious institutions with school or day care
1507 services, and using groundwater as a source of supply, the
1508 department, or a local county health department designated by
1509 the department, shall perform a sanitary survey of the facility.
1510 Upon receipt of satisfactory survey results according to
1511 department criteria, the department shall reduce the
1512 requirements of such owner or operator from monitoring and
1513 reporting on a quarterly basis to performing these functions on
1514 an annual basis. Any revised monitoring and reporting schedule
1515 approved by the department under this subsection shall apply
1516 until such time as a violation of applicable state or federal
1517 primary drinking water standards is determined by the system
1518 owner or operator, by the department, or by an agency designated
1519 by the department, after a random or routine sanitary survey.
1520 Certified operators are not required for transient noncommunity
1521 water systems of the type and size covered by this subsection.
1522 Any reports required of such system shall be limited to the
1523 minimum as required by federal law. When not contrary to the
1524 provisions of federal law, the department may, upon request and
1525 by rule, waive additional provisions of state drinking water
1526 regulations for such systems.
1527 Section 42. Paragraph (a) of subsection (3) and subsections
1528 (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
1529 Florida Statutes, are amended to read:
1530 403.973 Expedited permitting; amendments to comprehensive
1531 plans.—
1532 (3)(a) The secretary shall direct the creation of regional
1533 permit action teams for the purpose of expediting review of
1534 permit applications and local comprehensive plan amendments
1535 submitted by:
1536 1. Businesses creating at least 50 jobs or a commercial or
1537 industrial development project that will be occupied by
1538 businesses that would individually or collectively create at
1539 least 50 jobs; or
1540 2. Businesses creating at least 25 jobs if the project is
1541 located in an enterprise zone, or in a county having a
1542 population of fewer than 75,000 or in a county having a
1543 population of fewer than 125,000 which is contiguous to a county
1544 having a population of fewer than 75,000, as determined by the
1545 most recent decennial census, residing in incorporated and
1546 unincorporated areas of the county.
1547 (4) The regional teams shall be established through the
1548 execution of a project-specific memoranda of agreement developed
1549 and executed by the applicant and the secretary, with input
1550 solicited from the office and the respective heads of the
1551 Department of Community Affairs, the Department of
1552 Transportation and its district offices, the Department of
1553 Agriculture and Consumer Services, the Fish and Wildlife
1554 Conservation Commission, appropriate regional planning councils,
1555 appropriate water management districts, and voluntarily
1556 participating municipalities and counties. The memoranda of
1557 agreement should also accommodate participation in this
1558 expedited process by other local governments and federal
1559 agencies as circumstances warrant.
1560 (5) In order to facilitate local government’s option to
1561 participate in this expedited review process, the secretary
1562 shall, in cooperation with local governments and participating
1563 state agencies, create a standard form memorandum of agreement.
1564 The standard form of the memorandum of agreement shall be used
1565 only if the local government participates in the expedited
1566 review process. In the absence of local government
1567 participation, only the project-specific memorandum of agreement
1568 executed pursuant to subsection (4) applies. A local government
1569 shall hold a duly noticed public workshop to review and explain
1570 to the public the expedited permitting process and the terms and
1571 conditions of the standard form memorandum of agreement.
1572 (10) The memoranda of agreement may provide for the waiver
1573 or modification of procedural rules prescribing forms, fees,
1574 procedures, or time limits for the review or processing of
1575 permit applications under the jurisdiction of those agencies
1576 that are members of the regional permit action team party to the
1577 memoranda of agreement. Notwithstanding any other provision of
1578 law to the contrary, a memorandum of agreement must to the
1579 extent feasible provide for proceedings and hearings otherwise
1580 held separately by the parties to the memorandum of agreement to
1581 be combined into one proceeding or held jointly and at one
1582 location. Such waivers or modifications shall not be available
1583 for permit applications governed by federally delegated or
1584 approved permitting programs, the requirements of which would
1585 prohibit, or be inconsistent with, such a waiver or
1586 modification.
1587 (11) The standard form for memoranda of agreement shall
1588 include guidelines to be used in working with state, regional,
1589 and local permitting authorities. Guidelines may include, but
1590 are not limited to, the following:
1591 (a) A central contact point for filing permit applications
1592 and local comprehensive plan amendments and for obtaining
1593 information on permit and local comprehensive plan amendment
1594 requirements;
1595 (b) Identification of the individual or individuals within
1596 each respective agency who will be responsible for processing
1597 the expedited permit application or local comprehensive plan
1598 amendment for that agency;
1599 (c) A mandatory preapplication review process to reduce
1600 permitting conflicts by providing guidance to applicants
1601 regarding the permits needed from each agency and governmental
1602 entity, site planning and development, site suitability and
1603 limitations, facility design, and steps the applicant can take
1604 to ensure expeditious permit application and local comprehensive
1605 plan amendment review. As a part of this process, the first
1606 interagency meeting to discuss a project shall be held within 14
1607 days after the secretary’s determination that the project is
1608 eligible for expedited review. Subsequent interagency meetings
1609 may be scheduled to accommodate the needs of participating local
1610 governments that are unable to meet public notice requirements
1611 for executing a memorandum of agreement within this timeframe.
1612 This accommodation may not exceed 45 days from the secretary’s
1613 determination that the project is eligible for expedited review;
1614 (d) The preparation of a single coordinated project
1615 description form and checklist and an agreement by state and
1616 regional agencies to reduce the burden on an applicant to
1617 provide duplicate information to multiple agencies;
1618 (e) Establishment of a process for the adoption and review
1619 of any comprehensive plan amendment needed by any certified
1620 project within 90 days after the submission of an application
1621 for a comprehensive plan amendment. However, the memorandum of
1622 agreement may not prevent affected persons as defined in s.
1623 163.3184 from appealing or participating in this expedited plan
1624 amendment process and any review or appeals of decisions made
1625 under this paragraph; and
1626 (f) Additional incentives for an applicant who proposes a
1627 project that provides a net ecosystem benefit.
1628 (14)(a) Challenges to state agency action in the expedited
1629 permitting process for projects processed under this section are
1630 subject to the summary hearing provisions of s. 120.574, except
1631 that the administrative law judge’s decision, as provided in s.
1632 120.574(2)(f), shall be in the form of a recommended order and
1633 shall not constitute the final action of the state agency. In
1634 those proceedings where the action of only one agency of the
1635 state other than the Department of Environmental Protection is
1636 challenged, the agency of the state shall issue the final order
1637 within 45 working days after receipt of the administrative law
1638 judge’s recommended order, and the recommended order shall
1639 inform the parties of their right to file exceptions or
1640 responses to the recommended order in accordance with the
1641 uniform rules of procedure pursuant to s. 120.54. In those
1642 proceedings where the actions of more than one agency of the
1643 state are challenged, the Governor shall issue the final order
1644 within 45 working days after receipt of the administrative law
1645 judge’s recommended order, and the recommended order shall
1646 inform the parties of their right to file exceptions or
1647 responses to the recommended order in accordance with the
1648 uniform rules of procedure pursuant to s. 120.54. For This
1649 paragraph does not apply to the issuance of department licenses
1650 required under any federally delegated or approved permit
1651 program. In such instances, the department, and not the
1652 Governor, shall enter the final order. The participating
1653 agencies of the state may opt at the preliminary hearing
1654 conference to allow the administrative law judge’s decision to
1655 constitute the final agency action. If a participating local
1656 government agrees to participate in the summary hearing
1657 provisions of s. 120.574 for purposes of review of local
1658 government comprehensive plan amendments, s. 163.3184(9) and
1659 (10) apply.
1660 (b) Projects identified in paragraph (3)(f) or challenges
1661 to state agency action in the expedited permitting process for
1662 establishment of a state-of-the-art biomedical research
1663 institution and campus in this state by the grantee under s.
1664 288.955 are subject to the same requirements as challenges
1665 brought under paragraph (a), except that, notwithstanding s.
1666 120.574, summary proceedings must be conducted within 30 days
1667 after a party files the motion for summary hearing, regardless
1668 of whether the parties agree to the summary proceeding.
1669 (15) The office, working with the agencies providing
1670 cooperative assistance and input regarding the memoranda of
1671 agreement, shall review sites proposed for the location of
1672 facilities that the office has certified to be eligible for the
1673 Innovation Incentive Program under s. 288.1089. Within 20 days
1674 after the request for the review by the office, the agencies
1675 shall provide to the office a statement as to each site’s
1676 necessary permits under local, state, and federal law and an
1677 identification of significant permitting issues, which if
1678 unresolved, may result in the denial of an agency permit or
1679 approval or any significant delay caused by the permitting
1680 process.
1681 (18) The office, working with the Rural Economic
1682 Development Initiative and the agencies participating in the
1683 memoranda of agreement, shall provide technical assistance in
1684 preparing permit applications and local comprehensive plan
1685 amendments for counties having a population of fewer than 75,000
1686 residents, or counties having fewer than 125,000 residents which
1687 are contiguous to counties having fewer than 75,000 residents.
1688 Additional assistance may include, but not be limited to,
1689 guidance in land development regulations and permitting
1690 processes, working cooperatively with state, regional, and local
1691 entities to identify areas within these counties which may be
1692 suitable or adaptable for preclearance review of specified types
1693 of land uses and other activities requiring permits.
1694 Section 43. Subsection (5) is added to section 526.203,
1695 Florida Statutes, to read:
1696 526.203 Renewable fuel standard.—
1697 (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
1698 the sale of unblended fuels for the uses exempted under
1699 subsection (3).
1700 Section 44. The installation of fuel tank upgrades to
1701 secondary containment systems shall be completed by the
1702 deadlines specified in rule 62-761.510, Florida Administrative
1703 Code, Table UST. However, notwithstanding any agreements to the
1704 contrary, any fuel service station that changed ownership
1705 interest through a bona fide sale of the property between
1706 January 1, 2009, and December 31, 2009, is not required to
1707 complete the upgrades described in rule 62-761.510, Florida
1708 Administrative Code, Table UST, until December 31, 2012.
1709 Section 45. The amendments to s. 373.4137, Florida
1710 Statutes, made by this act do not apply within the territory of
1711 the Northwest Florida Water Management District until July 2,
1712 2016.
1713
1714 ================= T I T L E A M E N D M E N T ================
1715 And the title is amended as follows:
1716 Delete line 48
1717 and insert:
1718 projects; amending s. 120.569, F.S.; providing that if
1719 a nonapplicant petitions to challenge an agency’s
1720 issuance of a license, permit, or conceptual approval,
1721 the order of presentation in the proceeding is for the
1722 permit applicant to present a prima facie case,
1723 followed by the agency; providing that the
1724 nonapplicant who petitions to challenge the agency’s
1725 issuance of a license, permit, or conceptual approval
1726 in certain circumstances has the burden of ultimate
1727 persuasion and the burden of going forward with
1728 evidence; amending s. 125.022, F.S.; prohibiting a
1729 county from requiring an applicant to obtain a permit
1730 or approval from another state or federal agency as a
1731 condition of processing a development permit under
1732 certain conditions; authorizing a county to attach
1733 certain disclaimers to the issuance of a development
1734 permit; creating s. 161.032, F.S.; requiring that the
1735 Department of Environmental Protection review an
1736 application for certain permits under the Beach and
1737 Shore Preservation Act and request additional
1738 information within a specified time; requiring that
1739 the department proceed to process the application if
1740 the applicant believes that a request for additional
1741 information is not authorized by law or rule;
1742 providing that an applicant has a specified period to
1743 submit additional information; requiring an applicant
1744 to notify the agency in writing if the applicant needs
1745 an extension to respond to a request for additional
1746 information; authorizing the department to issue such
1747 permits in advance of the issuance of certain permits
1748 as provided for in the Endangered Species Act under
1749 certain conditions; amending s. 161.041, F.S.;
1750 specifying that s. 403.0874, F.S., authorizing
1751 expedited permitting, applies to provisions governing
1752 coastal construction; prohibiting the Department of
1753 Environmental Protection from requiring certain
1754 sediment quality specifications or turbidity standards
1755 as a permit condition; providing legislative intent
1756 with respect to permitting for beach renourishment
1757 projects; directing the department to amend specified
1758 rules relating to permitting for such projects;
1759 amending s. 163.3180, F.S.; providing an exemption to
1760 the level-of-service standards adopted under the
1761 Strategic Intermodal System for certain inland
1762 multimodal facilities; specifying project criteria;
1763 amending s. 166.033, F.S.; prohibiting a municipality
1764 from requiring an applicant to obtain a permit or
1765 approval from another state or federal agency as a
1766 condition of processing a development permit under
1767 certain conditions; authorizing a county to attach
1768 certain disclaimers to the issuance of a development
1769 permit; amending s. 218.075, F.S.; providing for the
1770 reduction or waiver of permit processing fees relating
1771 to projects that serve a public purpose for certain
1772 entities created by special act, local ordinance, or
1773 interlocal agreement; amending s. 258.397, F.S.;
1774 providing an exemption from a showing of extreme
1775 hardship relating to the sale, transfer, or lease of
1776 sovereignty submerged lands in the Biscayne Bay
1777 Aquatic Preserve for certain municipal applicants;
1778 providing for additional dredging and filling
1779 activities in the preserve; amending s. 373.026, F.S.;
1780 requiring the Department of Environmental Protection
1781 to expand its use of Internet-based self-certification
1782 services for exemptions and permits issued by the
1783 department and water management districts; amending s.
1784 373.413, F.S.; specifying that s. 403.0874, F.S.,
1785 authorizing expedited permitting, applies to
1786 provisions governing surface water management and
1787 storage; amending s. 373.4135, F.S.; conforming a
1788 cross-reference; amending s. 373.4136, F.S.;
1789 clarifying the use of the uniform mitigation
1790 assessment method for mitigation credits for the
1791 establishment and operation of mitigation banks;
1792 amending s. 373.4137, F.S.; revising legislative
1793 findings with respect to the options for mitigation
1794 relating to transportation projects; revising certain
1795 requirements for determining the habitat impacts of
1796 transportation projects; requiring water management
1797 districts to purchase credits from public or private
1798 mitigation banks under certain conditions; providing
1799 for the release of certain mitigation funds held for
1800 the benefit of a water management district if a
1801 project is excluded from a mitigation plan; requiring
1802 water management districts to use private mitigation
1803 banks in developing plans for complying with
1804 mitigation requirements; providing an exception;
1805 revising the procedure for excluding a project from a
1806 mitigation plan; amending s. 373.414, F.S.; revising
1807 provisions for the uniform mitigation assessment
1808 method rule for wetlands and other surface waters;
1809 providing requirements for the interpretation and
1810 application of the uniform mitigation assessment
1811 method rule; providing an exception; defining the
1812 terms “preservation mitigation” and “without
1813 preservation” for the purposes of certain assessments
1814 pursuant to the rule; providing for reassessment of
1815 mitigation banks under certain conditions; amending s.
1816 373.4141, F.S.; providing a limitation for the request
1817 of additional information from an applicant by the
1818 department; providing that failure of an applicant to
1819 respond to such a request within a specified time
1820 period constitutes withdrawal of the application;
1821 reducing the time within which a permit must be
1822 approved, denied, or subject to notice of proposed
1823 agency action; prohibiting a state agency or an agency
1824 of the state from requiring additional permits or
1825 approval from a local, state, or federal agency
1826 without explicit authority; amending s. 373.4144,
1827 F.S.; providing legislative intent with respect to the
1828 coordination of regulatory duties among specified
1829 state and federal agencies; requiring that the
1830 department report annually to the Legislature on
1831 efforts to expand the state programmatic general
1832 permit or regional general permits; providing for a
1833 voluntary state programmatic general permit for
1834 certain dredge and fill activities; amending s.
1835 373.41492, F.S.; authorizing the use of proceeds from
1836 the water treatment plant upgrade fee to pay for
1837 specified mitigation projects; requiring proceeds from
1838 the water treatment plant upgrade fee to be
1839 transferred by the Department of Revenue to the South
1840 Florida Water Management District and deposited into
1841 the Lake Belt Mitigation Trust Fund for a specified
1842 period of time; providing, after that period, for the
1843 proceeds of the water treatment plant upgrade fee to
1844 return to being transferred by the Department of
1845 Revenue to a trust fund established by Miami-Dade
1846 County for specified purposes; conforming a term;
1847 amending s. 373.441, F.S.; requiring that certain
1848 counties or municipalities apply by a specified date
1849 to the department or water management district for
1850 authority to require certain permits; providing that
1851 following such delegation, the department or district
1852 may not regulate activities that are subject to the
1853 delegation; clarifying the authority of local
1854 governments to adopt pollution control programs under
1855 certain conditions; amending s. 376.3071, F.S.;
1856 exempting program deductibles, copayments, and certain
1857 assessment report requirements from expenditures under
1858 the low-scored site initiative; amending s. 376.30715,
1859 F.S.; providing that the transfer of a contaminated
1860 site from an owner to a child of the owner or
1861 corporate entity does not disqualify the site from the
1862 innocent victim petroleum storage system restoration
1863 financial assistance program; authorizing certain
1864 applicants to reapply for financial assistance;
1865 creating s. 378.413, F.S.; providing legislative
1866 intent with respect to preemption of environmental
1867 regulation for construction aggregate materials
1868 mining; limiting the authority of counties to adopt to
1869 specified ordinances and rules; providing an
1870 exemption; amending s. 380.06, F.S.; exempting a
1871 proposed solid mineral mine or a proposed addition or
1872 expansion of an existing solid mineral mine from
1873 provisions governing developments of regional impact;
1874 providing certain exceptions; clarifying the
1875 applicability of local government regulations with
1876 respect to such mining activities; requiring solid
1877 mineral mines that meet specified criteria to enter
1878 into binding agreements with the Department of
1879 Transportation to mitigate impacts to Strategic
1880 Intermodal System facilities; amending s. 380.0657,
1881 F.S.; authorizing expedited permitting for certain
1882 inland multimodal facilities that individually or
1883 collectively will create a minimum number of jobs;
1884 amending s. 403.061, F.S.; requiring the Department of
1885 Environmental Protection to establish reasonable zones
1886 of mixing for discharges into specified waters;
1887 providing that exceedance of certain groundwater
1888 standards does not create liability for site cleanup;
1889 providing that exceedance of soil cleanup target
1890 levels is not a basis for enforcement or cleanup;
1891 amending s. 403.087, F.S.; revising conditions under
1892 which the department is authorized to revoke
1893 environmental resource permits; creating s. 403.0874,
1894 F.S.; providing a short title; providing legislative
1895 findings and intent with respect to the consideration
1896 of the compliance history of a permit applicant;
1897 providing for applicability; specifying the period of
1898 compliance history to be considered in issuing or
1899 renewing a permit; providing criteria to be considered
1900 by the Department of Environmental Protection;
1901 authorizing expedited review of permit issuance,
1902 renewal, modification, and transfer; providing for a
1903 reduced number of inspections; providing for extended
1904 permit duration; authorizing the department to make
1905 additional incentives available under certain
1906 circumstances; providing for automatic permit renewal
1907 and reduced or waived fees under certain
1908 circumstances; authorizing the department to adopt
1909 additional incentives by rule; providing that such
1910 rules are binding on a water management district or
1911 local government that has been delegated certain
1912 regulatory duties; limiting applicability; amending s.
1913 403.1838, F.S.; revising the definition of the term
1914 “financially disadvantaged small community” for the
1915 purposes of the Small Community Sewer Construction
1916 Assistance Act; amending s. 403.7045, F.S.; providing
1917 conditions under which sludge from an industrial waste
1918 treatment works is not solid waste; amending s.
1919 403.70611, F.S.; prohibiting the Department of
1920 Environmental Protection from issuing a construction
1921 permit for certain Class I landfills; amending s.
1922 403.707, F.S.; exempting the disposal of solid waste
1923 monitored by certain groundwater monitoring plans from
1924 specific authorization; extending the duration of all
1925 permits issued to solid waste management facilities
1926 that meet specified criteria; providing an exception;
1927 providing for prorated permit fees; providing
1928 applicability; amending s. 403.814, F.S.; providing
1929 for issuance of general permits for the construction,
1930 alteration, and maintenance of certain surface water
1931 management systems without the action of the
1932 department or a water management district; specifying
1933 conditions for the general permits; amending s.
1934 403.853, F.S.; providing for the Department of Health,
1935 or a local county health department designated by the
1936 department, to perform sanitary surveys for a
1937 transient noncommunity water system using groundwater
1938 as a source of supply and serving religious
1939 institutions or businesses; amending s. 403.973, F.S.;
1940 authorizing expedited permitting for certain
1941 commercial or industrial development projects that
1942 individually or collectively will create a minimum
1943 number of jobs; providing for a project-specific
1944 memorandum of agreement to apply to a project subject
1945 to expedited permitting; clarifying the authority of
1946 the Department of Environmental Protection to enter
1947 final orders for the issuance of certain licenses;
1948 revising criteria for the review of certain sites;
1949 amending s. 526.203, F.S.; authorizing the sale of
1950 unblended fuels for certain uses; revising the
1951 deadline for completion of the installation of fuel
1952 tank upgrades to secondary containment systems for
1953 specified properties; providing for future application
1954 of certain provisions of the act to the Northwest
1955 Florida Water Management District; providing an
1956 effective date.