Florida Senate - 2013                      CS for CS for SB 1840
       
       
       
       By the Committees on Rules; Community Affairs; and Military and
       Veterans Affairs, Space, and Domestic Security
       
       
       
       595-04605-13                                          20131840c2
    1                        A bill to be entitled                      
    2         An act relating to development permits; amending s.
    3         125.022, F.S.; requiring counties and municipalities
    4         to attach certain disclaimers and include certain
    5         permit conditions when issuing development permits;
    6         amending s. 125.35, F.S.; providing that a county may
    7         include a commercial development that is ancillary to
    8         a professional sports facility in the lease of a
    9         sports facility; amending. s. 166.033, F.S.;
   10         conforming provisions to changes made by the act;
   11         amending s. 381.0065, F.S.; revising treatment
   12         standards for onsite sewage and disposal systems in
   13         Monroe County; requiring areas in Monroe County not
   14         served by certain sewage and disposal systems to
   15         comply with specified rules and standards; deleting a
   16         requirement for new, modified, and repaired systems in
   17         Monroe County to meet specified standards; authorizing
   18         certain property owners in Monroe County to install
   19         certain tanks and systems; providing that certain
   20         systems in Monroe County are not required to connect
   21         to the central sewer system until a specified date;
   22         providing an extension and renewal of certain permits
   23         issued by the Department of Environmental Protection
   24         or by a water management district for areas to be
   25         served by central sewer systems within the Florida
   26         Keys Area of Critical State Concern; providing that
   27         certain extensions may not exceed a specified number
   28         of years; prohibiting certain extensions; providing
   29         for applicability; amending chapter 2012-205, Laws of
   30         Florida; revising the deadline for the holder of
   31         certain permits to notify the authorizing agency of
   32         automatic extension eligibility; providing an
   33         effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 125.022, Florida Statutes, is amended to
   38  read:
   39         125.022 Development permits.—When a county denies an
   40  application for a development permit, the county shall give
   41  written notice to the applicant. The notice must include a
   42  citation to the applicable portions of an ordinance, rule,
   43  statute, or other legal authority for the denial of the permit.
   44  As used in this section, the term “development permit” has the
   45  same meaning as in s. 163.3164. For any development permit
   46  application filed with the county after July 1, 2012, a county
   47  may not require as a condition of processing or issuing a
   48  development permit that an applicant obtain a permit or approval
   49  from any state or federal agency unless the agency has issued a
   50  final agency action that denies the federal or state permit
   51  before the county action on the local development permit.
   52  Issuance of a development permit by a county does not in any way
   53  create any rights on the part of the applicant to obtain a
   54  permit from a state or federal agency and does not create any
   55  liability on the part of the county for issuance of the permit
   56  if the applicant fails to obtain requisite approvals or fulfill
   57  the obligations imposed by a state or federal agency or
   58  undertakes actions that result in a violation of state or
   59  federal law. A county shall may attach such a disclaimer to the
   60  issuance of a development permit and shall may include a permit
   61  condition that all other applicable state or federal permits be
   62  obtained before commencement of the development. This section
   63  does not prohibit a county from providing information to an
   64  applicant regarding what other state or federal permits may
   65  apply.
   66         Section 2. Paragraph (b) of subsection (1) of section
   67  125.35, Florida Statutes, is amended to read:
   68         125.35 County authorized to sell real and personal property
   69  and to lease real property.—
   70         (1)
   71         (b) Notwithstanding the provisions of paragraph (a), under
   72  terms and conditions negotiated by the board, the board of
   73  county commissioners may is expressly authorized to:
   74         1. Negotiate the lease of an airport or seaport facility;
   75         2. Modify or extend an existing lease of real property for
   76  an additional term not to exceed 25 years, where the improved
   77  value of the lease has an appraised value in excess of $20
   78  million; or
   79         3. Lease a professional sports franchise facility financed
   80  by revenues received pursuant to s. 125.0104 or s. 212.20 which
   81  may include commercial development that is ancillary to the
   82  sports facility if the ancillary development property is part of
   83  or contiguous to the professional sports franchise facility;
   84  
   85         under such terms and conditions as negotiated by the board.
   86         Section 3. Section 166.033, Florida Statutes, is amended to
   87  read:
   88         166.033 Development permits.—When a municipality denies an
   89  application for a development permit, the municipality shall
   90  give written notice to the applicant. The notice must include a
   91  citation to the applicable portions of an ordinance, rule,
   92  statute, or other legal authority for the denial of the permit.
   93  As used in this section, the term “development permit” has the
   94  same meaning as in s. 163.3164. For any development permit
   95  application filed with the municipality after July 1, 2012, a
   96  municipality may not require as a condition of processing or
   97  issuing a development permit that an applicant obtain a permit
   98  or approval from any state or federal agency unless the agency
   99  has issued a final agency action that denies the federal or
  100  state permit before the municipal action on the local
  101  development permit. Issuance of a development permit by a
  102  municipality does not in any way create any right on the part of
  103  an applicant to obtain a permit from a state or federal agency
  104  and does not create any liability on the part of the
  105  municipality for issuance of the permit if the applicant fails
  106  to obtain requisite approvals or fulfill the obligations imposed
  107  by a state or federal agency or undertakes actions that result
  108  in a violation of state or federal law. A municipality shall may
  109  attach such a disclaimer to the issuance of development permits
  110  and shall may include a permit condition that all other
  111  applicable state or federal permits be obtained before
  112  commencement of the development. This section does not prohibit
  113  a municipality from providing information to an applicant
  114  regarding what other state or federal permits may apply.
  115         Section 4. Paragraph (l) of subsection (4) of section
  116  381.0065, Florida Statutes, is amended to read:
  117         381.0065 Onsite sewage treatment and disposal systems;
  118  regulation.—
  119         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  120  construct, repair, modify, abandon, or operate an onsite sewage
  121  treatment and disposal system without first obtaining a permit
  122  approved by the department. The department may issue permits to
  123  carry out this section, but shall not make the issuance of such
  124  permits contingent upon prior approval by the Department of
  125  Environmental Protection, except that the issuance of a permit
  126  for work seaward of the coastal construction control line
  127  established under s. 161.053 shall be contingent upon receipt of
  128  any required coastal construction control line permit from the
  129  Department of Environmental Protection. A construction permit is
  130  valid for 18 months from the issuance date and may be extended
  131  by the department for one 90-day period under rules adopted by
  132  the department. A repair permit is valid for 90 days from the
  133  date of issuance. An operating permit must be obtained prior to
  134  the use of any aerobic treatment unit or if the establishment
  135  generates commercial waste. Buildings or establishments that use
  136  an aerobic treatment unit or generate commercial waste shall be
  137  inspected by the department at least annually to assure
  138  compliance with the terms of the operating permit. The operating
  139  permit for a commercial wastewater system is valid for 1 year
  140  from the date of issuance and must be renewed annually. The
  141  operating permit for an aerobic treatment unit is valid for 2
  142  years from the date of issuance and must be renewed every 2
  143  years. If all information pertaining to the siting, location,
  144  and installation conditions or repair of an onsite sewage
  145  treatment and disposal system remains the same, a construction
  146  or repair permit for the onsite sewage treatment and disposal
  147  system may be transferred to another person, if the transferee
  148  files, within 60 days after the transfer of ownership, an
  149  amended application providing all corrected information and
  150  proof of ownership of the property. There is no fee associated
  151  with the processing of this supplemental information. A person
  152  may not contract to construct, modify, alter, repair, service,
  153  abandon, or maintain any portion of an onsite sewage treatment
  154  and disposal system without being registered under part III of
  155  chapter 489. A property owner who personally performs
  156  construction, maintenance, or repairs to a system serving his or
  157  her own owner-occupied single-family residence is exempt from
  158  registration requirements for performing such construction,
  159  maintenance, or repairs on that residence, but is subject to all
  160  permitting requirements. A municipality or political subdivision
  161  of the state may not issue a building or plumbing permit for any
  162  building that requires the use of an onsite sewage treatment and
  163  disposal system unless the owner or builder has received a
  164  construction permit for such system from the department. A
  165  building or structure may not be occupied and a municipality,
  166  political subdivision, or any state or federal agency may not
  167  authorize occupancy until the department approves the final
  168  installation of the onsite sewage treatment and disposal system.
  169  A municipality or political subdivision of the state may not
  170  approve any change in occupancy or tenancy of a building that
  171  uses an onsite sewage treatment and disposal system until the
  172  department has reviewed the use of the system with the proposed
  173  change, approved the change, and amended the operating permit.
  174         (l) For the Florida Keys, the department shall adopt a
  175  special rule for the construction, installation, modification,
  176  operation, repair, maintenance, and performance of onsite sewage
  177  treatment and disposal systems which considers the unique soil
  178  conditions and water table elevations, densities, and setback
  179  requirements. On lots where a setback distance of 75 feet from
  180  surface waters, saltmarsh, and buttonwood association habitat
  181  areas cannot be met, an injection well, approved and permitted
  182  by the department, may be used for disposal of effluent from
  183  onsite sewage treatment and disposal systems. The following
  184  additional requirements apply to onsite sewage treatment and
  185  disposal systems in Monroe County:
  186         1. The county, each municipality, and those special
  187  districts established for the purpose of the collection,
  188  transmission, treatment, or disposal of sewage shall ensure, in
  189  accordance with the specific schedules adopted by the
  190  Administration Commission under s. 380.0552, the completion of
  191  onsite sewage treatment and disposal system upgrades to meet the
  192  requirements of this paragraph.
  193         2. Onsite sewage treatment and disposal systems must cease
  194  discharge by December 31, 2015, or must comply with department
  195  rules and provide the level of treatment which, on a permitted
  196  annual average basis, produces an effluent that contains no more
  197  than the following concentrations:
  198         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  199         b. Suspended Solids of 10 mg/l.
  200         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  201  reduction in nitrogen of at least 70 percent. A system that has
  202  been tested and certified to reduce nitrogen concentration by at
  203  least 70 percent is in compliance with this standard.
  204         d. Total Phosphorus, expressed as P, of 1 mg/l.
  205  
  206  In addition, onsite sewage treatment and disposal systems
  207  discharging to an injection well must provide basic disinfection
  208  as defined by department rule.
  209         3. An area that is not scheduled to be served by a central
  210  sewer, onsite sewage treatment, and disposal systems must, by
  211  December 31, 2015, comply with department rules and provide the
  212  level of treatment described in subparagraph 2.
  213         4.3.On or after July 1, 2010, all new, modified, and
  214  repaired onsite sewage treatment and disposal systems must
  215  provide the level of treatment described in subparagraph 2.
  216  However, In areas scheduled to be served by central sewer by
  217  December 31, 2015, if the property owner has paid a connection
  218  fee or assessment for connection to the central sewer system,
  219  the property owner may install a holding tank with a high-water
  220  alarm or an onsite sewage treatment and disposal system that
  221  meets may be repaired to the following minimum standards:
  222         a. The existing tanks must be pumped and inspected and
  223  certified as being watertight and free of defects in accordance
  224  with department rule; and
  225         b. A sand-lined drainfield or injection well in accordance
  226  with department rule must be installed.
  227         5.4. Onsite sewage treatment and disposal systems must be
  228  monitored for total nitrogen and total phosphorus concentrations
  229  as required by department rule.
  230         6.5. The department shall enforce proper installation,
  231  operation, and maintenance of onsite sewage treatment and
  232  disposal systems pursuant to this chapter, including ensuring
  233  that the appropriate level of treatment described in
  234  subparagraph 2. is met.
  235         7.6. The authority of a local government, including a
  236  special district, to mandate connection of an onsite sewage
  237  treatment and disposal system is governed by s. 4, chapter 99
  238  395, Laws of Florida.
  239         8. Notwithstanding any other provision of law, an onsite
  240  sewage treatment and disposal system installed after July 1,
  241  2010, in unincorporated Monroe County, excluding special
  242  wastewater districts, which complies with the standards in
  243  subparagraph 2., is not required to connect to a central sewer
  244  system until December 31, 2020.
  245         Section 5. For areas to be served by central sewer systems
  246  by December 2015 within the Florida Keys Area of Critical State
  247  Concern, any building permit and any permit issued by the
  248  Department of Environmental Protection or by a water management
  249  district pursuant to part IV of chapter 373, Florida Statutes,
  250  which expires January 1, 2012, through January 1, 2016, is
  251  extended and renewed for 3 years. This extension includes any
  252  local government-issued development order or local government
  253  issued building permit, including certificates of levels of
  254  service. This section does not prohibit conversion from the
  255  construction phase to the operation phase upon completion of
  256  construction and is in addition to any permit extension.
  257  Extensions granted under this section; s. 14, chapter 2009-96,
  258  Laws of Florida, as amended by s. 47, ch. 2010-147, Laws of
  259  Florida; s. 46, chapter 2010-147, Laws of Florida; s. 74,
  260  chapter 2011-139, Laws of Florida; s. 79, chapter 2011-139, Laws
  261  of Florida, may not exceed 7 years. Specific development order
  262  extensions granted pursuant to s. 380.06(19)(c)2., Florida
  263  Statutes, may not be further extended by this section. This
  264  section applies only in unincorporated Monroe County, excluding
  265  special wastewater districts.
  266         Section 6. Subsection (3) of section 24 of chapter 2012
  267  205, Laws of Florida, is amended to read:
  268         Section 24. (3) The holder of a valid permit or other
  269  authorization that is eligible for the 2-year extension must
  270  notify the authorizing agency in writing by October 1, 2013
  271  December 31, 2012, identifying the specific authorization for
  272  which the holder intends to use the extension and the
  273  anticipated timeframe for acting on the authorization.
  274         Section 7. This act shall take effect July 1, 2013.