Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 602
                                Barcode 860542                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                

       The Committee on Community Affairs (Storms) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 218.075, Florida Statutes, is amended to
    6  read:
    7         218.075 Reduction or waiver of permit processing fees.
    8  Notwithstanding any other provision of law, the Department of
    9  Environmental Protection and the water management districts
   10  shall reduce or waive permit processing fees for counties with a
   11  population of 50,000 or fewer less on April 1, 1994, until such
   12  counties exceed a population of 75,000 and municipalities with a
   13  population of 25,000 or fewer; an entity created by special act,
   14  local ordinance, or interlocal agreement of such counties or
   15  municipalities; less, or any county or municipality not included
   16  within a metropolitan statistical area. Fee reductions or
   17  waivers shall be approved on the basis of fiscal hardship or
   18  environmental need for a particular project or activity. The
   19  governing body must certify that the cost of the permit
   20  processing fee is a fiscal hardship due to one of the following
   21  factors:
   22         (1) Per capita taxable value is less than the statewide
   23  average for the current fiscal year;
   24         (2) Percentage of assessed property value that is exempt
   25  from ad valorem taxation is higher than the statewide average
   26  for the current fiscal year;
   27         (3) Any condition specified in s. 218.503(1) which results
   28  in the county or municipality being in a state of financial
   29  emergency;
   30         (4) Ad valorem operating millage rate for the current
   31  fiscal year is greater than 8 mills; or
   32         (5) A financial condition that is documented in annual
   33  financial statements at the end of the current fiscal year and
   34  indicates an inability to pay the permit processing fee during
   35  that fiscal year.
   37         The permit applicant must be the governing body of a county
   38  or municipality, or a third party under contract with a county
   39  or municipality, or an entity created by special act, local
   40  ordinance, or interlocal agreement and the project for which the
   41  fee reduction or waiver is sought must serve a public purpose.
   42  If a permit processing fee is reduced, the total fee may shall
   43  not exceed $100.
   44         Section 2. Subsection (6) is added to section 373.118,
   45  Florida Statutes, to read:
   46         373.118 General permits; delegation.—
   47         (6) By July 1, 2012, the department shall initiate
   48  rulemaking to adopt a general permit for stormwater management
   49  systems serving airside activities at airports. The general
   50  permit applies statewide and shall be administered by any water
   51  management district or any delegated local government pursuant
   52  to the operating agreements applicable to part IV of this
   53  chapter, with no additional rulemaking required. These rules are
   54  not subject to any special rulemaking requirements related to
   55  small business.
   56         Section 3. Section 373.4131, Florida Statutes, is created
   57  to read:
   58         373.4131 Conceptual permits for urban redevelopment
   59  projects.—
   60         (1) A municipality or county that has created a community
   61  redevelopment area or an urban infill and redevelopment area
   62  pursuant to chapter 163 may adopt a stormwater adaptive
   63  management plan that addresses the quantity and quality of
   64  stormwater discharges for the area and may obtain a conceptual
   65  permit from the water management district or the Department of
   66  Environmental Protection.
   67         (2) The conceptual permit shall be established by a water
   68  management district in consultation with the department and:
   69         (a) Must allow for the rate and volume of stormwater
   70  discharges for stormwater management systems of urban
   71  redevelopment projects located within a community redevelopment
   72  area created under part III of chapter 163 or an urban infill
   73  and redevelopment area designated under s. 163.2517 to continue
   74  up to the maximum rate and volume of stormwater discharges
   75  within the area as of the date the stormwater adaptive
   76  management plan was adopted.
   77         (b) Must presume that stormwater discharges for stormwater
   78  management systems of urban redevelopment projects located
   79  within a community redevelopment area created under part III of
   80  chapter 163 or an urban infill and redevelopment area designated
   81  under s. 163.2517 which demonstrate a net improvement of the
   82  quality of the discharged water that existed as of the date the
   83  stormwater adaptive management plan was adopted for any
   84  applicable pollutants of concern in the receiving water body do
   85  not cause or contribute to violations of water quality criteria.
   86         (c) May not prescribe additional or more stringent
   87  limitations concerning the quantity and quality of stormwater
   88  discharges from stormwater management systems than provided in
   89  this section.
   90         (d) Shall be issued for a duration of 20 years, unless a
   91  shorter duration is requested by the applicant.
   92         (3) Urban redevelopment projects that meet the criteria
   93  established in the conceptual permit pursuant to this section
   94  qualify for a noticed general permit that authorizes
   95  construction and operation for the duration of the conceptual
   96  permit.
   97         (4) Notwithstanding subsections (1) through (3), permits
   98  issued pursuant to this section may not conflict with the
   99  requirements of a federally approved program pursuant to s.
  100  403.0885 or with the implementation of s. 403.067(7) regarding
  101  total maximum daily loads and basin management plans.
  102         Section 4. This act shall take effect July 1, 2012.
  103  ================= T I T L E  A M E N D M E N T ================
  104         And the title is amended as follows:
  105         Delete everything before the enacting clause
  106  and insert:
  107                        A bill to be entitled                      
  108         An act relating to stormwater management permits; amending
  109  s. 218.075, F.S.; allowing an entity created by special act,
  110  local ordinance, or interlocal agreement of a county or
  111  municipality to receive certain reduced or waived permit
  112  processing fees; amending s. 373.118, F.S.; requiring that the
  113  Department of Environmental Protection initiate rulemaking to
  114  adopt a general permit for stormwater management systems serving
  115  airside activities at airports; providing for statewide
  116  application of the general permit; providing for any water
  117  management district or delegated local government to administer
  118  the general permit; providing that the rules are not subject to
  119  any special rulemaking requirements relating to small business;
  120  creating s. 373.4131, F.S.; authorizing certain municipalities
  121  and counties to adopt stormwater adaptive management plans and
  122  obtain conceptual permits for urban redevelopment projects;
  123  providing requirements for establishment of such permits by
  124  water management districts in consultation with the Department
  125  of Environmental Protection; providing that certain urban
  126  redevelopment projects qualify for a noticed general permit;
  127  providing that provisions may not conflict with existing
  128  federally delegated pollution reduction programs; providing an
  129  effective date.