Florida Senate - 2012                CS for CS for CS for SB 602
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Transportation; and Community Affairs; and
       Senator Storms
       601-04259A-12                                          2012602c3
    1                        A bill to be entitled                      
    2         An act relating to stormwater management permits;
    3         amending s. 218.075, F.S.; allowing an entity created
    4         by special act, local ordinance, or interlocal
    5         agreement of a county or municipality to receive
    6         certain reduced or waived permit processing fees;
    7         amending s. 373.118, F.S.; requiring that the
    8         Department of Environmental Protection initiate
    9         rulemaking to adopt a general permit for stormwater
   10         management systems serving airside activities at
   11         airports; providing for statewide application of the
   12         general permit; providing for any water management
   13         district or delegated local government to administer
   14         the general permit; providing that the rules are not
   15         subject to any special rulemaking requirements
   16         relating to small business; creating s. 373.4131,
   17         F.S.; authorizing certain municipalities and counties
   18         to adopt stormwater adaptive management plans and
   19         obtain conceptual permits for urban redevelopment
   20         projects; providing requirements for establishment of
   21         such permits by water management districts in
   22         consultation with the Department of Environmental
   23         Protection; providing that certain urban redevelopment
   24         projects qualify for a noticed general permit;
   25         providing that provisions may not conflict with
   26         existing federally delegated pollution reduction
   27         programs; requiring a challenge to a consolidated
   28         environmental resource permit or associated variance
   29         or any sovereign submerged lands authorization
   30         proposed or issued by the Department of Environmental
   31         Protection in connection with specified deepwater
   32         ports to be conducted pursuant to specified summary
   33         hearing provisions and within a certain timeframe;
   34         providing that the administrative law judge’s decision
   35         is a recommended order and does not constitute final
   36         agency action of the department; requiring the
   37         department to issue the final order within a certain
   38         timeframe; providing applicability; providing
   39         effective dates.
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Section 218.075, Florida Statutes, is amended to
   44  read:
   45         218.075 Reduction or waiver of permit processing fees.
   46  Notwithstanding any other provision of law, the Department of
   47  Environmental Protection and the water management districts
   48  shall reduce or waive permit processing fees for counties with a
   49  population of 50,000 or fewer less on April 1, 1994, until such
   50  counties exceed a population of 75,000 and municipalities with a
   51  population of 25,000 or fewer; an entity created by special act,
   52  local ordinance, or interlocal agreement of such counties or
   53  municipalities; less, or any county or municipality not included
   54  within a metropolitan statistical area. Fee reductions or
   55  waivers shall be approved on the basis of fiscal hardship or
   56  environmental need for a particular project or activity. The
   57  governing body must certify that the cost of the permit
   58  processing fee is a fiscal hardship due to one of the following
   59  factors:
   60         (1) Per capita taxable value is less than the statewide
   61  average for the current fiscal year;
   62         (2) Percentage of assessed property value that is exempt
   63  from ad valorem taxation is higher than the statewide average
   64  for the current fiscal year;
   65         (3) Any condition specified in s. 218.503(1) which results
   66  in the county or municipality being in a state of financial
   67  emergency;
   68         (4) Ad valorem operating millage rate for the current
   69  fiscal year is greater than 8 mills; or
   70         (5) A financial condition that is documented in annual
   71  financial statements at the end of the current fiscal year and
   72  indicates an inability to pay the permit processing fee during
   73  that fiscal year.
   75  The permit applicant must be the governing body of a county or
   76  municipality, or a third party under contract with a county or
   77  municipality, or an entity created by special act, local
   78  ordinance, or interlocal agreement and the project for which the
   79  fee reduction or waiver is sought must serve a public purpose.
   80  If a permit processing fee is reduced, the total fee may shall
   81  not exceed $100.
   82         Section 2. Subsection (6) is added to section 373.118,
   83  Florida Statutes, to read:
   84         373.118 General permits; delegation.—
   85         (6) By July 1, 2012, the department shall initiate
   86  rulemaking to adopt a general permit for stormwater management
   87  systems serving airside activities at airports. The general
   88  permit applies statewide and shall be administered by any water
   89  management district or any delegated local government pursuant
   90  to the operating agreements applicable to part IV of this
   91  chapter, with no additional rulemaking required. These rules are
   92  not subject to any special rulemaking requirements related to
   93  small business.
   94         Section 3. Section 373.4131, Florida Statutes, is created
   95  to read:
   96         373.4131 Conceptual permits for urban redevelopment
   97  projects.—
   98         (1) A municipality or county that has created a community
   99  redevelopment area or an urban infill and redevelopment area
  100  pursuant to chapter 163 may adopt a stormwater adaptive
  101  management plan that addresses the quantity and quality of
  102  stormwater discharges for the area and may obtain a conceptual
  103  permit from a water management district or the Department of
  104  Environmental Protection.
  105         (2) The conceptual permit shall be established by a water
  106  management district in consultation with the department and:
  107         (a) Must allow for the rate and volume of stormwater
  108  discharges for stormwater management systems of urban
  109  redevelopment projects located within a community redevelopment
  110  area created under part III of chapter 163 or an urban infill
  111  and redevelopment area designated under s. 163.2517 to continue
  112  up to the maximum rate and volume of stormwater discharges
  113  within the area as of the date the stormwater adaptive
  114  management plan was adopted.
  115         (b) Must presume that stormwater discharges for stormwater
  116  management systems of urban redevelopment projects located
  117  within a community redevelopment area created under part III of
  118  chapter 163 or an urban infill and redevelopment area designated
  119  under s. 163.2517 which demonstrate a net improvement of the
  120  quality of the discharged water that existed as of the date the
  121  stormwater adaptive management plan was adopted for any
  122  applicable pollutants of concern in the receiving water body do
  123  not cause or contribute to violations of water quality criteria.
  124         (c) May not prescribe additional or more stringent
  125  limitations concerning the quantity and quality of stormwater
  126  discharges from stormwater management systems than provided in
  127  this section.
  128         (d)Shall be issued for a duration of at least 20 years and
  129  may be renewed, unless a shorter duration is requested by the
  130  applicant.
  131         (3) Urban redevelopment projects that meet the criteria
  132  established in the conceptual permit pursuant to this section
  133  qualify for a noticed general permit that authorizes
  134  construction and operation for the duration of the conceptual
  135  permit.
  136         (4) Notwithstanding subsections (1)-(3), permits issued
  137  pursuant to this section may not conflict with the requirements
  138  of a federally approved program pursuant to s. 403.0885 or with
  139  the implementation of s. 403.067(7) regarding total maximum
  140  daily loads and basin management plans.
  141         Section 4. Notwithstanding s. 120.569, s. 120.57, or s.
  142  373.427, Florida Statutes, or any other provision of law to the
  143  contrary, a challenge to a consolidated environmental resource
  144  permit or any associated variance or any sovereign submerged
  145  lands authorization proposed or issued by the Department of
  146  Environmental Protection in connection with the state’s
  147  deepwater ports, as listed in s. 403.021(9), Florida Statutes,
  148  shall be conducted pursuant to the summary hearing provisions of
  149  s. 120.574, Florida Statutes. However, the summary proceeding
  150  shall be conducted within 30 days after a party files a motion
  151  for a summary hearing, regardless of whether the parties agree
  152  to the summary proceeding, and the administrative law judge’s
  153  decision shall be in the form of a recommended order and does
  154  not constitute final agency action of the department. The
  155  department shall issue the final order within 45 working days
  156  after receipt of the administrative law judge’s recommended
  157  order. The summary hearing provisions of this section apply to
  158  pending administrative proceedings. However, the provisions of
  159  s. 120.574(1)(b) and (d), Florida Statutes, do not apply to
  160  pending administrative proceedings. This section shall take
  161  effect upon this act becoming a law.
  162         Section 5. Except as otherwise expressly provided in this
  163  act and except for this section, which shall take effect upon
  164  this act becoming a law, this act shall take effect July 1,
  165  2012.