Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 716
Barcode 540764
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/12/2012 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 125.022, Florida Statutes, is amended to
6 read:
7 125.022 Development permits.—If 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 a state or federal agency
16 unless that agency has issued a notice of intent to deny the
17 federal or state permit before the county action on the local
18 development permit. The issuance of a development permit by a
19 county does not create a right on the part of the applicant to
20 obtain a permit from a state or federal agency and does not
21 create a liability on the part of the county for issuance of the
22 permit if the applicant fails to fulfill its legal obligations
23 to obtain requisite approvals or fulfill the obligations imposed
24 by a state or federal agency. A county may attach such a
25 disclaimer to the issuance of a development permit and may
26 include a permit condition that all other applicable state or
27 federal permits be obtained before commencement of the
28 development. This section does not prohibit a county from
29 providing information to an applicant regarding what other state
30 or federal permits may apply.
31 Section 2. Section 166.033, Florida Statutes, is amended to
32 read:
33 166.033 Development permits.—If When a municipality denies
34 an application for a development permit, the municipality shall
35 give written notice to the applicant. The notice must include a
36 citation to the applicable portions of an ordinance, rule,
37 statute, or other legal authority for the denial of the permit.
38 As used in this section, the term “development permit” has the
39 same meaning as in s. 163.3164. A municipality may not require
40 as a condition of processing a development permit that an
41 applicant obtain a permit or approval from a state or federal
42 agency unless that agency has issued a notice of intent to deny
43 the federal or state permit before the municipal action on the
44 local development permit. The issuance of a development permit
45 by a municipality does not create a right on the part of an
46 applicant to obtain a permit from a state or federal agency and
47 does not create any liability on the part of the municipality
48 for issuance of the permit if the applicant fails to fulfill its
49 legal obligations to obtain requisite approvals or fulfill the
50 obligations imposed by a state or federal agency. A municipality
51 may attach such a disclaimer to the issuance of a development
52 permit and may include a permit condition that all other
53 applicable state or federal permits be obtained before
54 commencement of the development. This section does not prohibit
55 a municipality from providing information to an applicant
56 regarding what other state or federal permits may apply.
57 Section 3. Section 218.075, Florida Statutes, is amended to
58 read:
59 218.075 Reduction or waiver of permit processing fees.
60 Notwithstanding any other provision of law, the Department of
61 Environmental Protection and the water management districts
62 shall reduce or waive permit processing fees for a county that
63 has counties with a population of 50,000 or fewer less on April
64 1, 1994, until such county exceeds counties exceed a population
65 of 75,000; for a municipality that has and municipalities with a
66 population of 25,000 or fewer; for an entity created by special
67 act, local ordinance, or interlocal agreement of such county or
68 municipality; less, or for a any county or municipality not
69 included within a metropolitan statistical area. Fee reductions
70 or waivers shall be approved on the basis of fiscal hardship or
71 environmental need for a particular project or activity. The
72 governing body must certify that the cost of the permit
73 processing fee is a fiscal hardship due to one of the following
74 factors:
75 (1) Per capita taxable value is less than the statewide
76 average for the current fiscal year;
77 (2) Percentage of assessed property value that is exempt
78 from ad valorem taxation is higher than the statewide average
79 for the current fiscal year;
80 (3) Any condition specified in s. 218.503(1) which results
81 in the county or municipality being in a state of financial
82 emergency;
83 (4) Ad valorem operating millage rate for the current
84 fiscal year is greater than 8 mills; or
85 (5) A financial condition that is documented in annual
86 financial statements at the end of the current fiscal year and
87 indicates an inability to pay the permit processing fee during
88 that fiscal year.
89
90 The permit applicant must be the governing body of a county or
91 municipality, or a third party under contract with a county or
92 municipality, or an entity created by special act, local
93 ordinance, or interlocal agreement, and the project for which
94 the fee reduction or waiver is sought must serve a public
95 purpose. If a permit processing fee is reduced, the total fee
96 may shall not exceed $100.
97 Section 4. Paragraphs (a) and (b) of subsection (3) of
98 section 258.397, Florida Statutes, are amended to read:
99 258.397 Biscayne Bay Aquatic Preserve.—
100 (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
101 Internal Improvement Trust Fund is authorized and directed to
102 maintain the aquatic preserve hereby created pursuant and
103 subject to the following provisions:
104 (a) A No further sale, transfer, or lease of sovereignty
105 submerged lands in the preserve may not shall be approved or
106 consummated by the board of trustees, except upon a showing of
107 extreme hardship on the part of the applicant and a
108 determination by the board of trustees that such sale, transfer,
109 or lease is in the public interest. A municipal applicant
110 proposing a project under paragraph (b) is exempt from showing
111 extreme hardship.
112 (b) A No further dredging or filling of submerged lands of
113 the preserve may not shall be approved or tolerated by the board
114 of trustees except:
115 1. Such minimum dredging and spoiling as may be authorized
116 for public navigation projects or for such minimum dredging and
117 spoiling as may be constituted as a public necessity or for
118 preservation of the bay according to the expressed intent of
119 this section.
120 2. Such other alteration of physical conditions, including
121 the placement of riprap, as may be necessary to enhance the
122 quality and utility of the preserve.
123 3. Such minimum dredging and filling as may be authorized
124 for the creation and maintenance of marinas, piers, and docks
125 and their attendant navigation channels and access roads. Such
126 projects may only be authorized only upon a specific finding by
127 the board of trustees that there is assurance that the project
128 will be constructed and operated in a manner that will not
129 adversely affect the water quality and utility of the preserve.
130 This subparagraph does shall not authorize the connection of
131 upland canals to the waters of the preserve.
132 4. Such dredging as is necessary for the purpose of
133 eliminating conditions hazardous to the public health or for the
134 purpose of eliminating stagnant waters, islands, and spoil
135 banks, the dredging of which would enhance the aesthetic and
136 environmental quality and utility of the preserve and be clearly
137 in the public interest as determined by the board of trustees.
138 5. Such dredging and filling as necessary for the creation
139 of public waterfront promenades.
140
141 Any dredging or filling under this subsection or improvements
142 under subsection (5) may shall be approved only after public
143 notice as provided by s. 253.115.
144 Section 5. Subsection (4) of section 339.63, Florida
145 Statutes, is amended, and subsections (5) and (6) are added to
146 that section, to read:
147 339.63 System facilities designated; additions and
148 deletions.—
149 (4) After the initial designation of the Strategic
150 Intermodal System under subsection (1), the department shall, in
151 coordination with the metropolitan planning organizations, local
152 governments, regional planning councils, transportation
153 providers, and affected public agencies, add facilities to or
154 delete facilities from the Strategic Intermodal System described
155 in paragraph (2)(a) based upon criteria adopted by the
156 department with the exceptions provided in subsections (5) and
157 (6).
158 (5) However, An airport that is designated as a reliever
159 airport to a Strategic Intermodal System airport which has at
160 least 75,000 itinerant operations per year, has a runway length
161 of at least 5,500 linear feet, is capable of handling aircraft
162 weighing at least 60,000 pounds with a dual wheel configuration
163 which is served by at least one precision instrument approach,
164 and serves a cluster of aviation-dependent industries, shall be
165 designated as part of the Strategic Intermodal System by the
166 Secretary of Transportation upon the request of a reliever
167 airport meeting this criteria.
168 (6) A planned facility that is projected to create at least
169 50 full-time jobs and is designated in the local comprehensive
170 plan as an intermodal logistics center or inland logistics
171 center, or the local equivalent, and meets the following
172 criteria shall be designated as part of the Strategic Intermodal
173 System by the Secretary of Transportation upon the request of a
174 planned intermodal logistics center facility. The planned
175 facility must:
176 (a) Serve the purpose of receiving or sending cargo for
177 distribution and providing cargo storage, consolidation, and
178 repackaging and transfer of goods, and may, if developed as
179 proposed, include other intermodal terminals, related
180 transportation facility, warehousing and distribution, and
181 associated office space, light industrial, manufacturing, and
182 assembly uses;
183 (b) Be proximate to one or more Strategic Intermodal
184 System-designated highway facility for the purpose of
185 facilitating regional freight traffic movements within the
186 state;
187 (c) Be located within 30 miles to an existing Strategic
188 Intermodal System- or Emerging Strategic Intermodal System
189 designated rail line;
190 (d) Be located within 100 miles of a Strategic Intermodal
191 System-designated seaport, for the purpose of providing
192 additional relief for expansion of cargo storage and seaport
193 movement capacity, and have a collaborative agreement, letter of
194 interest, or memorandum of understanding with the seaport; and
195 (e) Be consistent with market feasibility studies for
196 location and size of a intermodal logistics center or an inland
197 port facility as published by the Department of Transportation
198 or other sources.
199
200 If a planned facility is designated as an intermodal logistics
201 center or inland logistics center, or the local equivalent, a
202 local government must adopt a waiver of transportation
203 concurrency or a limited exemption that allows up to 150 percent
204 increase in the adopted level of service capacity standard for
205 the project’s impact to roadway facilities on the Strategic
206 Intermodal System.
207 Section 6. Subsection (10) is added to section 373.026,
208 Florida Statutes, to read:
209 373.026 General powers and duties of the department.—The
210 department, or its successor agency, shall be responsible for
211 the administration of this chapter at the state level. However,
212 it is the policy of the state that, to the greatest extent
213 possible, the department may enter into interagency or
214 interlocal agreements with any other state agency, any water
215 management district, or any local government conducting programs
216 related to or materially affecting the water resources of the
217 state. All such agreements shall be subject to the provisions of
218 s. 373.046. In addition to its other powers and duties, the
219 department shall, to the greatest extent possible:
220 (10) Expand the use of Internet-based self-certification
221 services for appropriate exemptions and general permits issued
222 by the department and the water management districts, if the
223 expansion is economically feasible. In addition to expanding the
224 use of Internet-based, self-certification services for
225 appropriate exemptions and general permits, the department and
226 the water management districts shall identify and develop
227 general permits for appropriate activities currently requiring
228 individual review which could be expedited through the use of
229 applicable professional certification.
230 Section 7. Section 373.306, Florida Statutes, is amended to
231 read:
232 373.306 Scope.—A No person may not shall construct, repair,
233 abandon, or cause to be constructed, repaired, or abandoned, any
234 water well contrary to the provisions of this part and
235 applicable rules and regulations. This part does shall not apply
236 to equipment used temporarily for dewatering purposes or to the
237 process used in dewatering or to wells that have been authorized
238 under the state’s underground injection control program pursuant
239 to department rules.
240 Section 8. Subsection (2) of section 373.4141, Florida
241 Statutes, is amended, and subsection (4) is added to that
242 section, to read:
243 373.4141 Permits; processing.—
244 (2) A permit shall be approved, or denied, or subject to a
245 notice of proposed agency action within 60 90 days after receipt
246 of the original application, the last item of timely requested
247 additional material, or the applicant’s written request to begin
248 processing the permit application.
249 (4) A state agency or an agency of the state may not
250 require as a condition of approval for a permit or as an item to
251 complete a pending permit application that an applicant obtain a
252 permit or approval from any other local, state, or federal
253 agency without explicit statutory authority to require such
254 permit or approval.
255 Section 9. Section 373.4144, Florida Statutes, is amended
256 to read:
257 373.4144 Federal environmental permitting.—
258 (1) It is the intent of the Legislature to facilitate the
259 coordination of a more efficient process for implementing
260 regulatory duties and functions between the Department of
261 Environmental Protection, the water management districts, the
262 United States Army Corps of Engineers, the United States Fish
263 and Wildlife Service, the National Marine Fisheries Service, the
264 United States Environmental Protection Agency, the Fish and
265 Wildlife Conservation Commission, and other relevant federal and
266 state agencies.
267 (2) The Department of Environmental Protection may obtain
268 issuance by the United States Army Corps of Engineers, pursuant
269 to state and federal law and as set forth in this section, of an
270 expanded state programmatic general permit, or a series of
271 regional general permits, for categories of activities in waters
272 of the United States governed by the Clean Water Act and in
273 navigable waters under the Rivers and Harbors Act of 1899 which
274 are similar in nature, which will cause only minimal adverse
275 environmental effects when performed separately, and which will
276 have only minimal cumulative adverse effects on the environment.
277 (3) The Department of Environmental Protection may use a
278 state general permit or a regional general permit to eliminate
279 overlapping federal regulations and state rules that protect the
280 same resource and to avoid duplication of permitting between the
281 United States Army Corps of Engineers and the department for
282 minor work located in waters of the United States, including
283 navigable waters, and to eliminate, in appropriate cases, the
284 need for a separate individual approval from the United States
285 Army Corps of Engineers while ensuring the most stringent
286 protection of wetland resources.
287 (4) The department may not seek issuance of or take any
288 action pursuant to a permit unless the conditions of that permit
289 are at least as protective of the environment and natural
290 resources as existing state law under this part and federal law
291 under the Clean Water Act and the Rivers and Harbors Act of
292 1899.
293 (5) The department and the water management districts may
294 implement a voluntary state programmatic general permit for all
295 dredge and fill activities impacting 3 acres or less of wetlands
296 or other surface waters, including navigable waters, subject to
297 agreement with the United States Army Corps of Engineers, if the
298 general permit is at least as protective of the environment and
299 natural resources as existing state law under this part and
300 federal law under the Clean Water Act and the Rivers and Harbors
301 Act of 1899.
302 (1) The department is directed to develop, on or before
303 October 1, 2005, a mechanism or plan to consolidate, to the
304 maximum extent practicable, the federal and state wetland
305 permitting programs. It is the intent of the Legislature that
306 all dredge and fill activities impacting 10 acres or less of
307 wetlands or waters, including navigable waters, be processed by
308 the state as part of the environmental resource permitting
309 program implemented by the department and the water management
310 districts. The resulting mechanism or plan shall analyze and
311 propose the development of an expanded state programmatic
312 general permit program in conjunction with the United States
313 Army Corps of Engineers pursuant to s. 404 of the Clean Water
314 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
315 and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
316 or in combination with an expanded state programmatic general
317 permit, the mechanism or plan may propose the creation of a
318 series of regional general permits issued by the United States
319 Army Corps of Engineers pursuant to the referenced statutes. All
320 of the regional general permits must be administered by the
321 department or the water management districts or their designees.
322 (2) The department is directed to file with the Speaker of
323 the House of Representatives and the President of the Senate a
324 report proposing any required federal and state statutory
325 changes that would be necessary to accomplish the directives
326 listed in this section and to coordinate with the Florida
327 Congressional Delegation on any necessary changes to federal law
328 to implement the directives.
329 (6)(3) Nothing in This section does not shall be construed
330 to preclude the department from pursuing a series of regional
331 general permits for construction activities in wetlands or
332 surface waters or from pursuing complete assumption of federal
333 permitting programs regulating the discharge of dredged or fill
334 material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
335 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
336 Rivers and Harbors Act of 1899, so long as the assumption
337 encompasses all dredge and fill activities in, on, or over
338 jurisdictional wetlands or waters, including navigable waters,
339 within the state.
340 Section 10. Present subsections (3), (4), and (5) of
341 section 373.441, Florida Statutes, are renumbered as subsections
342 (7), (8), and (9), respectively, and new subsections (3), (4),
343 and (5) and subsection (6) are added to that section, to read:
344 373.441 Role of counties, municipalities, and local
345 pollution control programs in permit processing; delegation.—
346 (3) A county or municipality that has a population of
347 400,000 or more and that implements a local pollution control
348 program regulating all or a portion of the wetlands or surface
349 waters throughout its geographic boundary must apply for
350 delegation of state environmental resource permitting authority
351 before January 1, 2014. If the county or municipality fails to
352 receive delegation of all or a portion of state environmental
353 resource permitting authority within 2 years after submitting
354 its application for delegation or by January 1, 2016, at the
355 latest, it may not require permits that in part or in full are
356 substantially similar to the requirements needed to obtain an
357 environmental resource permit. A county or municipality that has
358 received delegation before January 1, 2014, does not need to
359 reapply.
360 (4) The department may delegate state environmental
361 resource permitting authority to local governments. The
362 department must grant or deny an application for delegation of
363 authority submitted by a county or municipality that meets the
364 criteria in subsection (3) within 2 years after receipt of the
365 application. If an application for delegation of authority is
366 denied, any available legal challenge to the denial tolls the
367 preemption deadline until resolution of the legal challenge.
368 Upon delegation of authority to a qualified local government,
369 the department and water management district may not regulate
370 the activities delegated to the qualified local government
371 within that jurisdiction.
372 (5) This section does not prohibit or limit a local
373 government that meets the criteria in subsection (3) from
374 regulating wetlands or surface waters on or after January 1,
375 2014, if the local government receives delegation of all or a
376 portion of state environmental resource permitting authority
377 within 2 years after submitting its application for the
378 delegation.
379 (6) Notwithstanding subsections (3), (4), and (5), this
380 section does not apply to environmental resource permitting or
381 reclamation applications for solid mineral mining and does not
382 prohibit the application of local government regulations to any
383 new solid mineral mine or any proposed addition to, change to,
384 or expansion of an existing solid mineral mine.
385 Section 11. Paragraph (b) of subsection (11) of section
386 376.3071, Florida Statutes, is amended to read:
387 376.3071 Inland Protection Trust Fund; creation; purposes;
388 funding.—
389 (11)
390 (b) Low-scored site initiative.—Notwithstanding s.
391 376.30711, any site with a priority ranking score of 10 points
392 or less may voluntarily participate in the low-scored site
393 initiative, whether or not the site is eligible for state
394 restoration funding.
395 1. To participate in the low-scored site initiative, the
396 responsible party or property owner must affirmatively
397 demonstrate that the following conditions are met:
398 a. Upon reassessment pursuant to department rule, the site
399 retains a priority ranking score of 10 points or less.
400 b. No excessively contaminated soil, as defined by
401 department rule, exists onsite as a result of a release of
402 petroleum products.
403 c. A minimum of 6 months of groundwater monitoring
404 indicates that the plume is shrinking or stable.
405 d. The release of petroleum products at the site does not
406 adversely affect adjacent surface waters, including their
407 effects on human health and the environment.
408 e. The area of groundwater containing the petroleum
409 products’ chemicals of concern is less than one-quarter acre and
410 is confined to the source property boundaries of the real
411 property on which the discharge originated.
412 f. Soils onsite that are subject to human exposure found
413 between land surface and 2 feet below land surface meet the soil
414 cleanup target levels established by department rule or human
415 exposure is limited by appropriate institutional or engineering
416 controls.
417 2. Upon affirmative demonstration of the conditions under
418 subparagraph 1., the department shall issue a determination of
419 “No Further Action.” Such determination acknowledges that
420 minimal contamination exists onsite and that such contamination
421 is not a threat to human health or the environment. If no
422 contamination is detected, the department may issue a site
423 rehabilitation completion order.
424 3. Sites that are eligible for state restoration funding
425 may receive payment of preapproved costs for the low-scored site
426 initiative as follows:
427 a. A responsible party or property owner may submit an
428 assessment plan designed to affirmatively demonstrate that the
429 site meets the conditions under subparagraph 1. Notwithstanding
430 the priority ranking score of the site, the department may
431 preapprove the cost of the assessment pursuant to s. 376.30711,
432 including 6 months of groundwater monitoring, not to exceed
433 $30,000 for each site. The department may not pay the costs
434 associated with the establishment of institutional or
435 engineering controls.
436 b. The assessment work shall be completed no later than 6
437 months after the department issues its approval.
438 c. No more than $10 million for the low-scored site
439 initiative may shall be encumbered from the Inland Protection
440 Trust Fund in any fiscal year. Funds shall be made available on
441 a first-come, first-served basis and shall be limited to 10
442 sites in each fiscal year for each responsible party or property
443 owner.
444 d. Program deductibles, copayments, and the limited
445 contamination assessment report requirements under paragraph
446 (13)(c) do not apply to expenditures under this paragraph.
447 Section 12. Section 376.30715, Florida Statutes, is amended
448 to read:
449 376.30715 Innocent victim petroleum storage system
450 restoration.—A contaminated site acquired by the current owner
451 before prior to July 1, 1990, which has ceased operating as a
452 petroleum storage or retail business before prior to January 1,
453 1985, is eligible for financial assistance pursuant to s.
454 376.305(6), notwithstanding s. 376.305(6)(a). For purposes of
455 this section, the term “acquired” means the acquisition of title
456 to the property; however, a subsequent transfer of the property
457 to a spouse or a child of the owner, a surviving spouse or a
458 child of the owner in trust or free of trust, or a revocable
459 trust created for the benefit of the settlor, or a corporate
460 entity created by the owner to hold title to the site does not
461 disqualify the site from financial assistance pursuant to s.
462 376.305(6). Applicants previously denied coverage may reapply.
463 Eligible sites shall be ranked in accordance with s.
464 376.3071(5).
465 Section 13. Subsection (1) of section 380.0657, Florida
466 Statutes, is amended to read:
467 380.0657 Expedited permitting process for economic
468 development projects.—
469 (1) The Department of Environmental Protection and, as
470 appropriate, the water management districts created under
471 chapter 373 shall adopt programs to expedite the processing of
472 wetland resource and environmental resource permits for economic
473 development projects that have been identified by a municipality
474 or county as meeting the definition of target industry
475 businesses under s. 288.106, or any inland multimodal facility
476 receiving or sending cargo to or from state ports, with the
477 exception of those projects requiring approval by the Board of
478 Trustees of the Internal Improvement Trust Fund.
479 Section 14. Paragraph (j) is added to subsection (5) of
480 section 381.0065, Florida Statutes, to read:
481 381.0065 Onsite sewage treatment and disposal systems;
482 regulation.—
483 (5) EVALUATION AND ASSESSMENT.—
484 (j) This subsection applies only to owners of onsite sewage
485 treatment and disposal systems in a county in which the board of
486 county commissioners has adopted a resolution subjecting owners
487 to the requirements of the program and has submitted a copy of
488 the resolution to the department.
489 Section 15. Subsection (11) of section 403.061, Florida
490 Statutes, is amended to read:
491 403.061 Department; powers and duties.—The department shall
492 have the power and the duty to control and prohibit pollution of
493 air and water in accordance with the law and rules adopted and
494 promulgated by it and, for this purpose, to:
495 (11) Establish ambient air quality and water quality
496 standards for the state as a whole or for any part thereof, and
497 also standards for the abatement of excessive and unnecessary
498 noise. The department may is authorized to establish reasonable
499 zones of mixing for discharges into waters. For existing
500 installations as defined by department rule, zones of discharge
501 to groundwater are authorized to a facility’s or owner’s
502 property boundary and extending to the base of a specifically
503 designated aquifer or aquifers. Primary and secondary
504 groundwater standards that are exceeded and that occur within a
505 zone of discharge do not create a liability pursuant to this
506 chapter or chapter 376 for site cleanup, and soil cleanup target
507 levels that are exceeded are not a basis for enforcement or site
508 cleanup.
509 (a) If When a receiving body of water fails to meet a water
510 quality standard for pollutants set forth in department rules, a
511 steam electric generating plant discharge of pollutants that is
512 existing or licensed under this chapter on July 1, 1984, may
513 nevertheless be granted a mixing zone, provided that:
514 1. The standard would not be met in the water body in the
515 absence of the discharge;
516 2. The discharge is in compliance with all applicable
517 technology-based effluent limitations;
518 3. The discharge does not cause a measurable increase in
519 the degree of noncompliance with the standard at the boundary of
520 the mixing zone; and
521 4. The discharge otherwise complies with the mixing zone
522 provisions specified in department rules.
523 (b) A No mixing zone for point source discharges may not
524 shall be permitted in Outstanding Florida Waters except for:
525 1. Sources that have received permits from the department
526 prior to April 1, 1982, or the date of designation, whichever is
527 later;
528 2. Blowdown from new power plants certified pursuant to the
529 Florida Electrical Power Plant Siting Act;
530 3. Discharges of water necessary for water management
531 purposes which have been approved by the governing board of a
532 water management district and, if required by law, by the
533 secretary; and
534 4. The discharge of demineralization concentrate which has
535 been determined permittable under s. 403.0882 and which meets
536 the specific provisions of s. 403.0882(4)(a) and (b), if the
537 proposed discharge is clearly in the public interest.
538 (c) The department, by rule, shall establish water quality
539 criteria for wetlands which criteria give appropriate
540 recognition to the water quality of such wetlands in their
541 natural state.
542
543 Nothing in This act does not shall be construed to invalidate
544 any existing department rule relating to mixing zones. The
545 department shall cooperate with the Department of Highway Safety
546 and Motor Vehicles in the development of regulations required by
547 s. 316.272(1).
548
549 The department shall implement such programs in conjunction with
550 its other powers and duties and shall place special emphasis on
551 reducing and eliminating contamination that presents a threat to
552 humans, animals or plants, or to the environment.
553 Section 16. Subsection (7) of section 403.087, Florida
554 Statutes, is amended to read:
555 403.087 Permits; general issuance; denial; revocation;
556 prohibition; penalty.—
557 (7) A permit issued pursuant to this section does shall not
558 become a vested right in the permittee. The department may
559 revoke any permit issued by it if it finds that the permitholder
560 has:
561 (a) Has Submitted false or inaccurate information in the
562 his or her application for the permit;
563 (b) Has Violated law, department orders, rules, or
564 regulations, or permit conditions;
565 (c) Has Failed to submit operational reports or other
566 information required by department rule which directly relates
567 to the permit and has refused to correct or cure such violation
568 when requested to do so or regulation; or
569 (d) Has Refused lawful inspection under s. 403.091 at the
570 facility authorized by the permit.
571 Section 17. Subsection (2) of section 403.1838, Florida
572 Statutes, is amended to read:
573 403.1838 Small Community Sewer Construction Assistance
574 Act.—
575 (2) The department shall use funds specifically
576 appropriated to award grants under this section to assist
577 financially disadvantaged small communities with their needs for
578 adequate sewer facilities. For purposes of this section, the
579 term “financially disadvantaged small community” means a
580 municipality that has with a population of 10,000 7,500 or fewer
581 less, according to the latest decennial census and a per capita
582 annual income less than the state per capita annual income as
583 determined by the United States Department of Commerce.
584 Section 18. Paragraph (f) of subsection (1) of section
585 403.7045, Florida Statutes, is amended to read:
586 403.7045 Application of act and integration with other
587 acts.—
588 (1) The following wastes or activities shall not be
589 regulated pursuant to this act:
590 (f) Industrial byproducts, if:
591 1. A majority of the industrial byproducts are demonstrated
592 to be sold, used, or reused within 1 year.
593 2. The industrial byproducts are not discharged, deposited,
594 injected, dumped, spilled, leaked, or placed upon any land or
595 water so that such industrial byproducts, or any constituent
596 thereof, may enter other lands or be emitted into the air or
597 discharged into any waters, including groundwaters, or otherwise
598 enter the environment such that a threat of contamination in
599 excess of applicable department standards and criteria or a
600 significant threat to public health is caused.
601 3. The industrial byproducts are not hazardous wastes as
602 defined under s. 403.703 and rules adopted under this section.
603
604 Sludge from an industrial waste treatment work which meets the
605 exemption requirements of this paragraph is not solid waste as
606 defined in s. 403.703(32).
607 Section 19. Subsections (2) and (3) of section 403.707,
608 Florida Statutes, are amended to read:
609 403.707 Permits.—
610 (2) Except as provided in s. 403.722(6), a permit under
611 this section is not required for the following, if the activity
612 does not create a public nuisance or any condition adversely
613 affecting the environment or public health and does not violate
614 other state or local laws, ordinances, rules, regulations, or
615 orders:
616 (a) Disposal by persons of solid waste resulting from their
617 own activities on their own property, if such waste is ordinary
618 household waste from their residential property or is rocks,
619 soils, trees, tree remains, and other vegetative matter that
620 normally result from land development operations. Disposal of
621 materials that could create a public nuisance or adversely
622 affect the environment or public health, such as white goods;
623 automotive materials, such as batteries and tires; petroleum
624 products; pesticides; solvents; or hazardous substances, is not
625 covered under this exemption.
626 (b) Storage in containers by persons of solid waste
627 resulting from their own activities on their property, leased or
628 rented property, or property subject to a homeowners’ homeowners
629 or maintenance association for which the person contributes
630 association assessments, if the solid waste in such containers
631 is collected at least once a week.
632 (c) Disposal by persons of solid waste resulting from their
633 own activities on their property, if the environmental effects
634 of such disposal on groundwater and surface waters are:
635 1. Addressed or authorized by a site certification order
636 issued under part II or a permit issued by the department under
637 this chapter or rules adopted pursuant to this chapter; or
638 2. Addressed or authorized by, or exempted from the
639 requirement to obtain, a groundwater monitoring plan approved by
640 the department. If a facility has a permit authorizing disposal
641 activity, a new area where solid waste is being disposed of
642 which is monitored by an existing or modified groundwater
643 monitoring plan is not required to be specifically authorized in
644 a permit or other certification.
645 (d) Disposal by persons of solid waste resulting from their
646 own activities on their own property, if such disposal occurred
647 prior to October 1, 1988.
648 (e) Disposal of solid waste resulting from normal farming
649 operations as defined by department rule. Polyethylene
650 agricultural plastic, damaged, nonsalvageable, untreated wood
651 pallets, and packing material that cannot be feasibly recycled,
652 which are used in connection with agricultural operations
653 related to the growing, harvesting, or maintenance of crops, may
654 be disposed of by open burning if a public nuisance or any
655 condition adversely affecting the environment or the public
656 health is not created by the open burning and state or federal
657 ambient air quality standards are not violated.
658 (f) The use of clean debris as fill material in any area.
659 However, this paragraph does not exempt any person from
660 obtaining any other required permits, and does not affect a
661 person’s responsibility to dispose of clean debris appropriately
662 if it is not to be used as fill material.
663 (g) Compost operations that produce less than 50 cubic
664 yards of compost per year when the compost produced is used on
665 the property where the compost operation is located.
666 (3)(a) All applicable provisions of ss. 403.087 and
667 403.088, relating to permits, apply to the control of solid
668 waste management facilities.
669 (b) A permit, including a general permit, issued to a solid
670 waste management facility that is designed with a leachate
671 control system meeting department requirements shall be issued
672 for a term of 20 years unless the applicant requests a shorter
673 permit term. Notwithstanding the limitations of s.
674 403.087(6)(a), existing permit fees for a qualifying solid waste
675 management facility shall be adjusted to the permit term
676 authorized by this section. This paragraph applies to a
677 qualifying solid waste management facility that applies for an
678 operating or construction permit or renews an existing operating
679 or construction permit on or after October 1, 2012.
680 (c) A permit, including a general permit, but not including
681 a registration, issued to a solid waste management facility that
682 does not have a leachate control system meeting department
683 requirements shall be renewed for a term of 10 years, unless the
684 applicant requests a shorter term, if the following conditions
685 are met:
686 1. The applicant has conducted the regulated activity at
687 the same site for which the renewal is sought for at least 4
688 years and 6 months before the date that the permit application
689 is received by the department; and
690 2. At the time of applying for the renewal permit:
691 a. The applicant is not subject to a notice of violation,
692 consent order, or administrative order issued by the department
693 for violation of an applicable law or rule;
694 b. The department has not notified the applicant that the
695 applicant is required to implement assessment or evaluation
696 monitoring as a result of applicable groundwater standards or
697 criteria being exceeded, or, if applicable, the applicant is
698 completing corrective actions in accordance with applicable
699 department rules; and
700 c. The applicant is in compliance with the applicable
701 financial assurance requirements.
702 (d) The department may adopt rules to administer this
703 subsection; however, the provisions of chapter 120 which require
704 a statement of estimated regulatory cost and legislative
705 ratification do not apply to such rulemaking, and the department
706 is not required to submit the rules to the Environmental
707 Regulation Commission for approval. Notwithstanding the
708 limitations of s. 403.087(6)(a), permit fee caps for solid waste
709 management facilities shall be prorated to reflect the extended
710 permit term authorized by this subsection.
711 Section 20. Subsection (5) is added to section 403.709,
712 Florida Statutes, to read:
713 403.709 Solid Waste Management Trust Fund; use of waste
714 tire fees.—There is created the Solid Waste Management Trust
715 Fund, to be administered by the department.
716 (5) A solid waste landfill closure account is created
717 within the Solid Waste Management Trust Fund to provide funding
718 for the closing and long-term care of solid waste management
719 facilities, if:
720 (a) The facility has or had a department permit to operate;
721 (b) The permittee provided proof of financial assurance for
722 closure in the form of an insurance certificate;
723 (c) The facility has been deemed to be abandoned or has
724 been ordered to close by the department; and
725 (d) Closure will be accomplished in substantial accordance
726 with a closure plan approved by the department.
727
728 The department has a reasonable expectation that the insurance
729 company issuing the closure insurance policy will provide or
730 reimburse most or all of the funds required to complete the
731 closing and long-term care of the facility. If the insurance
732 company reimburses the department for the costs of the closing
733 or long-term care of the facility, the department shall deposit
734 the funds into the solid waste landfill closure account.
735 Section 21. Section 403.7125, Florida Statutes, is amended
736 to read:
737 403.7125 Financial assurance for closure.—
738 (1) Each Every owner or operator of a landfill is jointly
739 and severally liable for the improper operation and closure of
740 the landfill, as provided by law. As used in this section, the
741 term “owner or operator” means any owner of record of any
742 interest in land wherein a landfill is or has been located and
743 any person or corporation that owns a majority interest in any
744 other corporation that is the owner or operator of a landfill.
745 (2) The owner or operator of a landfill owned or operated
746 by a local or state government or the Federal Government shall
747 establish a fee, or a surcharge on existing fees or other
748 appropriate revenue-producing mechanism, to ensure the
749 availability of financial resources for the proper closure of
750 the landfill. However, the disposal of solid waste by persons on
751 their own property, as described in s. 403.707(2), is exempt
752 from this section.
753 (a) The revenue-producing mechanism must produce revenue at
754 a rate sufficient to generate funds to meet state and federal
755 landfill closure requirements.
756 (b) The revenue shall be deposited in an interest-bearing
757 escrow account to be held and administered by the owner or
758 operator. The owner or operator shall file with the department
759 an annual audit of the account. The audit shall be conducted by
760 an independent certified public accountant. Failure to collect
761 or report such revenue, except as allowed in subsection (3), is
762 a noncriminal violation punishable by a fine of not more than
763 $5,000 for each offense. The owner or operator may make
764 expenditures from the account and its accumulated interest only
765 for the purpose of landfill closure and, if such expenditures do
766 not deplete the fund to the detriment of eventual closure, for
767 planning and construction of resource recovery or landfill
768 facilities. Any moneys remaining in the account after paying for
769 proper and complete closure, as determined by the department,
770 shall, if the owner or operator does not operate a landfill, be
771 deposited by the owner or operator into the general fund or the
772 appropriate solid waste fund of the local government of
773 jurisdiction.
774 (c) The revenue generated under this subsection and any
775 accumulated interest thereon may be applied to the payment of,
776 or pledged as security for, the payment of revenue bonds issued
777 in whole or in part for the purpose of complying with state and
778 federal landfill closure requirements. Such application or
779 pledge may be made directly in the proceedings authorizing such
780 bonds or in an agreement with an insurer of bonds to assure such
781 insurer of additional security therefor.
782 (d) The provisions of s. 212.055 which relate to raising of
783 revenues for landfill closure or long-term maintenance do not
784 relieve a landfill owner or operator from the obligations of
785 this section.
786 (e) The owner or operator of any landfill that had
787 established an escrow account in accordance with this section
788 and the conditions of its permit before prior to January 1,
789 2007, may continue to use that escrow account to provide
790 financial assurance for closure of that landfill, even if that
791 landfill is not owned or operated by a local or state government
792 or the Federal Government.
793 (3) An owner or operator of a landfill owned or operated by
794 a local or state government or by the Federal Government may
795 provide financial assurance to the department in lieu of the
796 requirements of subsection (2). An owner or operator of any
797 other landfill, or any other solid waste management facility
798 designated by department rule, shall provide financial assurance
799 to the department for the closure of the facility. Such
800 financial assurance may include surety bonds, certificates of
801 deposit, securities, letters of credit, or other documents
802 showing that the owner or operator has sufficient financial
803 resources to cover, at a minimum, the costs of complying with
804 applicable closure requirements. The owner or operator shall
805 estimate such costs to the satisfaction of the department.
806 (4) This section does not repeal, limit, or abrogate any
807 other law authorizing local governments to fix, levy, or charge
808 rates, fees, or charges for the purpose of complying with state
809 and federal landfill closure requirements.
810 (5) The department shall by rule require that the owner or
811 operator of a solid waste management facility that receives
812 waste on or after October 9, 1993, and that is required by
813 department rule to undertake corrective actions for violations
814 of water quality standards provide financial assurance for the
815 cost of completing such corrective actions. The same financial
816 assurance mechanisms that are available for closure costs shall
817 be available for costs associated with undertaking corrective
818 actions.
819 (6)(5) The department shall adopt rules to implement this
820 section.
821 Section 22. Subsection (12) is added to section 403.814,
822 Florida Statutes, to read:
823 403.814 General permits; delegation.—
824 (12) A general permit shall be granted for the
825 construction, alteration, and maintenance of a surface water
826 management system serving a total project area of up to 10
827 acres. The construction of the system may proceed without any
828 agency action by the department or water management district if:
829 (a) The total project area is less than 10 acres;
830 (b) The total project area involves less than 2 acres of
831 impervious surface;
832 (c) The activities will not impact wetlands or other
833 surface waters;
834 (d) The activities are not conducted in, on, or over
835 wetlands or other surface waters;
836 (e) Drainage facilities will not include pipes having
837 diameters greater than 24 inches, or the hydraulic equivalent,
838 and will not use pumps in any manner;
839 (f) The project is not part of a larger common plan,
840 development, or sale;
841 (g) The project does not cause:
842 1. Adverse water quantity or flooding impacts to receiving
843 water and adjacent lands;
844 2. Adverse impacts to existing surface water storage and
845 conveyance capabilities;
846 3. A violation of state water quality standards; or
847 4. An adverse impact to the maintenance of surface or
848 ground water levels or surface water flows established pursuant
849 to s. 373.042 or a work of the district established pursuant to
850 s. 373.086; and
851 (h) The surface water management system design plans are
852 signed and sealed by a Florida-registered professional who
853 attests that the system will perform and function as proposed
854 and has been designed in accordance with appropriate, generally
855 accepted performance standards and scientific principles.
856 Section 23. Subsection (6) of section 403.853, Florida
857 Statutes, is amended to read:
858 403.853 Drinking water standards.—
859 (6) Upon the request of the owner or operator of a
860 transient noncommunity water system using groundwater as a
861 source of supply and serving religious institutions or
862 businesses, other than restaurants or other public food service
863 establishments or religious institutions with school or day care
864 services, and using groundwater as a source of supply, the
865 department, or a local county health department designated by
866 the department, shall perform a sanitary survey of the facility.
867 Upon receipt of satisfactory survey results according to
868 department criteria, the department shall reduce the
869 requirements of such owner or operator from monitoring and
870 reporting on a quarterly basis to performing these functions on
871 an annual basis. Any revised monitoring and reporting schedule
872 approved by the department under this subsection shall apply
873 until such time as a violation of applicable state or federal
874 primary drinking water standards is determined by the system
875 owner or operator, by the department, or by an agency designated
876 by the department, after a random or routine sanitary survey.
877 Certified operators are not required for transient noncommunity
878 water systems of the type and size covered by this subsection.
879 Any reports required of such system shall be limited to the
880 minimum as required by federal law. When not contrary to the
881 provisions of federal law, the department may, upon request and
882 by rule, waive additional provisions of state drinking water
883 regulations for such systems.
884 Section 24. Paragraph (a) of subsection (3) and subsections
885 (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
886 Florida Statutes, are amended to read:
887 403.973 Expedited permitting; amendments to comprehensive
888 plans.—
889 (3)(a) The secretary shall direct the creation of regional
890 permit action teams for the purpose of expediting review of
891 permit applications and local comprehensive plan amendments
892 submitted by:
893 1. Businesses creating at least 50 jobs or a commercial or
894 industrial development project that will be occupied by
895 businesses that would individually or collectively create at
896 least 50 jobs; or
897 2. Businesses creating at least 25 jobs if the project is
898 located in an enterprise zone, or in a county having a
899 population of fewer than 75,000 or in a county having a
900 population of fewer than 125,000 which is contiguous to a county
901 having a population of fewer than 75,000, as determined by the
902 most recent decennial census, residing in incorporated and
903 unincorporated areas of the county.
904 (4) The regional teams shall be established through the
905 execution of a project-specific memorandum memoranda of
906 agreement developed and executed by the applicant and the
907 secretary, with input solicited from the Department of Economic
908 Opportunity and the respective heads of the Department of
909 Transportation and its district offices, the Department of
910 Agriculture and Consumer Services, the Fish and Wildlife
911 Conservation Commission, appropriate regional planning councils,
912 appropriate water management districts, and voluntarily
913 participating municipalities and counties. The memorandum
914 memoranda of agreement should also accommodate participation in
915 this expedited process by other local governments and federal
916 agencies as circumstances warrant.
917 (5) In order to facilitate local government’s option to
918 participate in this expedited review process, the secretary
919 shall, in cooperation with local governments and participating
920 state agencies, create a standard form memorandum of agreement.
921 The standard form of the memorandum of agreement shall be used
922 only if the local government participates in the expedited
923 review process. In the absence of local government
924 participation, only the project-specific memorandum of agreement
925 executed pursuant to subsection (4) applies. A local government
926 shall hold a duly noticed public workshop to review and explain
927 to the public the expedited permitting process and the terms and
928 conditions of the standard form memorandum of agreement.
929 (10) The memorandum memoranda of agreement may provide for
930 the waiver or modification of procedural rules prescribing
931 forms, fees, procedures, or time limits for the review or
932 processing of permit applications under the jurisdiction of
933 those agencies that are members of the regional permit action
934 team party to the memoranda of agreement. Notwithstanding any
935 other provision of law to the contrary, a memorandum of
936 agreement must to the extent feasible provide for proceedings
937 and hearings otherwise held separately by the parties to the
938 memorandum of agreement to be combined into one proceeding or
939 held jointly and at one location. Such waivers or modifications
940 are not authorized shall not be available for permit
941 applications governed by federally delegated or approved
942 permitting programs, the requirements of which would prohibit,
943 or be inconsistent with, such a waiver or modification.
944 (11) The memorandum standard form for memoranda of
945 agreement must shall include guidelines to be used in working
946 with state, regional, and local permitting authorities.
947 Guidelines may include, but are not limited to, the following:
948 (a) A central contact point for filing permit applications
949 and local comprehensive plan amendments and for obtaining
950 information on permit and local comprehensive plan amendment
951 requirements.;
952 (b) Identification of the individual or individuals within
953 each respective agency who will be responsible for processing
954 the expedited permit application or local comprehensive plan
955 amendment for that agency.;
956 (c) A mandatory preapplication review process to reduce
957 permitting conflicts by providing guidance to applicants
958 regarding the permits needed from each agency and governmental
959 entity, site planning and development, site suitability and
960 limitations, facility design, and steps the applicant can take
961 to ensure expeditious permit application and local comprehensive
962 plan amendment review. As a part of this process, the first
963 interagency meeting to discuss a project shall be held within 14
964 days after the secretary’s determination that the project is
965 eligible for expedited review. Subsequent interagency meetings
966 may be scheduled to accommodate the needs of participating local
967 governments that are unable to meet public notice requirements
968 for executing a memorandum of agreement within this timeframe.
969 This accommodation may not exceed 45 days from the secretary’s
970 determination that the project is eligible for expedited
971 review.;
972 (d) The preparation of a single coordinated project
973 description form and checklist and an agreement by state and
974 regional agencies to reduce the burden on an applicant to
975 provide duplicate information to multiple agencies.;
976 (e) Establishment of a process for the adoption and review
977 of any comprehensive plan amendment needed by any certified
978 project within 90 days after the submission of an application
979 for a comprehensive plan amendment. However, the memorandum of
980 agreement may not prevent affected persons as defined in s.
981 163.3184 from appealing or participating in this expedited plan
982 amendment process and any review or appeals of decisions made
983 under this paragraph.; and
984 (f) Additional incentives for an applicant who proposes a
985 project that provides a net ecosystem benefit.
986 (14)(a) Challenges to state agency action in the expedited
987 permitting process for projects processed under this section are
988 subject to the summary hearing provisions of s. 120.574, except
989 that the administrative law judge’s decision, as provided in s.
990 120.574(2)(f), shall be in the form of a recommended order and
991 do not constitute the final action of the state agency. In those
992 proceedings where the action of only one agency of the state
993 other than the Department of Environmental Protection is
994 challenged, the agency of the state shall issue the final order
995 within 45 working days after receipt of the administrative law
996 judge’s recommended order, and the recommended order shall
997 inform the parties of their right to file exceptions or
998 responses to the recommended order in accordance with the
999 uniform rules of procedure pursuant to s. 120.54. In those
1000 proceedings where the actions of more than one agency of the
1001 state are challenged, the Governor shall issue the final order
1002 within 45 working days after receipt of the administrative law
1003 judge’s recommended order, and the recommended order shall
1004 inform the parties of their right to file exceptions or
1005 responses to the recommended order in accordance with the
1006 uniform rules of procedure pursuant to s. 120.54. For This
1007 paragraph does not apply to the issuance of department licenses
1008 required under any federally delegated or approved permit
1009 program. In such instances, the department, and not the
1010 Governor, shall enter the final order. The participating
1011 agencies of the state may opt at the preliminary hearing
1012 conference to allow the administrative law judge’s decision to
1013 constitute the final agency action.
1014 (b) Projects identified in paragraph (3)(f) or challenges
1015 to state agency action in the expedited permitting process for
1016 establishment of a state-of-the-art biomedical research
1017 institution and campus in this state by the grantee under s.
1018 288.955 are subject to the same requirements as challenges
1019 brought under paragraph (a), except that, notwithstanding s.
1020 120.574, summary proceedings must be conducted within 30 days
1021 after a party files the motion for summary hearing, regardless
1022 of whether the parties agree to the summary proceeding.
1023 (15) The Department of Economic Opportunity, working with
1024 the agencies providing cooperative assistance and input
1025 regarding the memorandum memoranda of agreement, shall review
1026 sites proposed for the location of facilities that the
1027 Department of Economic Opportunity has certified to be eligible
1028 for the Innovation Incentive Program under s. 288.1089. Within
1029 20 days after the request for the review by the Department of
1030 Economic Opportunity, the agencies shall provide to the
1031 Department of Economic Opportunity a statement as to each site’s
1032 necessary permits under local, state, and federal law and an
1033 identification of significant permitting issues, which if
1034 unresolved, may result in the denial of an agency permit or
1035 approval or any significant delay caused by the permitting
1036 process.
1037 (18) The Department of Economic Opportunity, working with
1038 the Rural Economic Development Initiative and the agencies
1039 participating in the memoranda of agreement, shall provide
1040 technical assistance in preparing permit applications and local
1041 comprehensive plan amendments for counties having a population
1042 of fewer than 75,000 residents, or counties having fewer than
1043 125,000 residents which are contiguous to counties having fewer
1044 than 75,000 residents. Additional assistance may include, but
1045 not be limited to, guidance in land development regulations and
1046 permitting processes, working cooperatively with state,
1047 regional, and local entities to identify areas within these
1048 counties which may be suitable or adaptable for preclearance
1049 review of specified types of land uses and other activities
1050 requiring permits.
1051 Section 25. Subsection (1) of section 526.203, Florida
1052 Statutes, is amended, and subsection (5) is added to that
1053 section, to read:
1054 526.203 Renewable fuel standard.—
1055 (1) DEFINITIONS.—As used in this act:
1056 (a) “Blender,” “importer,” “terminal supplier,” and
1057 “wholesaler” are defined as provided in s. 206.01.
1058 (b) “Blended gasoline” means a mixture of 90 to 91 percent
1059 gasoline and 9 to 10 percent fuel ethanol or other renewable
1060 fuel, by volume, which that meets the specifications as adopted
1061 by the department. The fuel ethanol portion may be derived from
1062 any agricultural source.
1063 (c) “Fuel ethanol” means an anhydrous denatured alcohol
1064 produced by the conversion of carbohydrates that meets the
1065 specifications as adopted by the department.
1066 (d) “Renewable fuel” means a fuel produced from renewable
1067 biomass which is used to replace or reduce the quantity of
1068 fossil fuel present in a transportation fuel.
1069 (e)(d) “Unblended gasoline” means gasoline that has not
1070 been blended with fuel ethanol and that meets the specifications
1071 as adopted by the department.
1072 (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
1073 the sale of unblended fuels for the uses exempted under
1074 subsection (3).
1075 Section 26. This act shall take effect July 1, 2012.
1076 ================= T I T L E A M E N D M E N T ================
1077
1078 And the title is amended as follows:
1079 Delete everything before the enacting clause
1080 and insert:
1081 A bill to be entitled
1082 An act relating to environmental regulation; amending
1083 s. 125.022, F.S.; prohibiting a county from requiring
1084 an applicant to obtain a permit or approval from any
1085 state or federal agency as a condition of processing a
1086 development permit under certain conditions;
1087 authorizing a county to attach certain disclaimers to
1088 the issuance of a development permit; amending s.
1089 166.033, F.S.; prohibiting a municipality from
1090 requiring an applicant to obtain a permit or approval
1091 from any state or federal agency as a condition of
1092 processing a development permit under certain
1093 conditions; authorizing a municipality to attach
1094 certain disclaimers to the issuance of a development
1095 permit; amending s. 218.075, F.S.; providing for the
1096 reduction or waiver of permit processing fees relating
1097 to projects that serve a public purpose for certain
1098 entities created by special act, local ordinance, or
1099 interlocal agreement; amending s. 258.397, F.S.;
1100 providing an exemption from a showing of extreme
1101 hardship relating to the sale, transfer, or lease of
1102 sovereignty submerged lands in the Biscayne Bay
1103 Aquatic Preserve for certain municipal applicants;
1104 providing for additional dredging and filling
1105 activities in the preserve; amending s. 339.63, F.S.;
1106 providing exceptions to criteria required for system
1107 facilities designated under the Strategic Intermodal
1108 System; amending s. 373.026, F.S.; requiring the
1109 Department of Environmental Protection to expand its
1110 use of Internet-based self-certification services for
1111 exemptions and permits issued by the department and
1112 water management districts; amending s. 373.306, F.S.;
1113 exempting underground injection control wells from
1114 certain rules; amending s. 373.4141, F.S.; reducing
1115 the time within which a permit must be approved,
1116 denied, or subject to notice of proposed agency
1117 action; prohibiting a state agency or an agency of the
1118 state from requiring additional permits or approval
1119 from a local, state, or federal agency without
1120 explicit authority; amending s. 373.4144, F.S.;
1121 providing legislative intent with respect to the
1122 coordination of regulatory duties among specified
1123 state and federal agencies; encouraging expanded use
1124 of the state programmatic general permit or regional
1125 general permits; providing for a voluntary state
1126 programmatic general permit for certain dredge and
1127 fill activities; amending s. 373.441, F.S.; requiring
1128 that certain counties or municipalities apply by a
1129 specified date to the department or water management
1130 district for authority to require certain permits;
1131 providing that following such delegation, the
1132 department or district may not regulate activities
1133 that are subject to the delegation; clarifying the
1134 authority of local governments to adopt pollution
1135 control programs under certain conditions; providing
1136 applicability with respect to solid mineral mining;
1137 amending s. 376.3071, F.S.; exempting program
1138 deductibles, copayments, and certain assessment report
1139 requirements from expenditures under the low-scored
1140 site initiative; amending s. 376.30715, F.S.;
1141 providing that the transfer of a contaminated site
1142 from an owner to a child of the owner or corporate
1143 entity does not disqualify the site from the innocent
1144 victim petroleum storage system restoration financial
1145 assistance program; authorizing certain applicants to
1146 reapply for financial assistance; amending s.
1147 380.0657, F.S.; authorizing expedited permitting for
1148 certain inland multimodal facilities; amending s.
1149 381.0065, F.S.; limiting applicability of the onsite
1150 sewage treatment and disposal system evaluation and
1151 assessment program; amending s. 403.061, F.S.;
1152 requiring the department to establish reasonable zones
1153 of mixing for discharges into specified waters;
1154 providing that certain groundwater standards that are
1155 exceeded do not create liability for site cleanup;
1156 providing that certain soil cleanup target levels that
1157 are exceeded are not a basis for enforcement or
1158 cleanup; amending s. 403.087, F.S.; revising
1159 conditions under which the department is authorized to
1160 revoke permits for sources of air and water pollution;
1161 amending s. 403.1838, F.S.; revising the definition of
1162 the term “financially disadvantaged small community”
1163 for the purposes of the Small Community Sewer
1164 Construction Assistance Act; amending s. 403.7045,
1165 F.S.; providing conditions under which sludge from an
1166 industrial waste treatment work is not solid waste;
1167 amending s. 403.707, F.S.; exempting the disposal of
1168 solid waste monitored by certain groundwater
1169 monitoring plans from specific authorization;
1170 extending the duration of all permits issued to solid
1171 waste management facilities that meet specified
1172 criteria; providing an exception; providing for
1173 prorated permit fees; providing applicability;
1174 specifying a permit term for a solid waste management
1175 facility that does not have a leachate control system
1176 meeting the requirements of the department under
1177 certain conditions; authorizing the department to
1178 adopt rules; providing that the department is not
1179 required to submit the rules to the Environmental
1180 Regulation Commission for approval; requiring that
1181 permit fee caps for solid waste management facilities
1182 be prorated to reflect the extended permit term;
1183 amending s. 403.709, F.S.; creating a solid waste
1184 landfill closure account within the Solid Waste
1185 Management Trust Fund to fund the closing and long
1186 term care of solid waste facilities under certain
1187 circumstances; requiring that the department deposit
1188 funds that are reimbursed into the solid waste
1189 landfill closure account; amending s. 403.7125, F.S.;
1190 requiring that the department require by rule that the
1191 owner or operator of a solid waste management facility
1192 receiving waste after a specified date provide
1193 financial assurance for the cost of completing
1194 corrective action for violations of water quality
1195 standards; amending s. 403.814, F.S.; providing for
1196 issuance of general permits for the construction,
1197 alteration, and maintenance of certain surface water
1198 management systems under certain circumstances;
1199 specifying conditions for the construction of the
1200 system without any action by the department or water
1201 management district; amending s. 403.853, F.S.;
1202 providing for the department, or a local county health
1203 department designated by the department, to perform
1204 sanitary surveys for certain transient noncommunity
1205 water systems; amending s. 403.973, F.S.; authorizing
1206 expedited permitting for certain commercial or
1207 industrial development projects that individually or
1208 collectively will create a minimum number of jobs;
1209 providing for a project-specific memorandum of
1210 agreement to apply to a project subject to expedited
1211 permitting; clarifying the authority of the department
1212 to enter final orders for the issuance of certain
1213 licenses; revising criteria for the review of certain
1214 sites; amending s. 526.203, F.S.; revising the
1215 definition of the term “blended gasoline”; defining
1216 the term “renewable fuel”; authorizing the sale of
1217 unblended fuels for certain uses; providing an
1218 effective date.