Florida Senate - 2018                                    SB 1308
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01279-18                                            20181308__
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 373.250, F.S.; deleting an obsolete provision;
    4         providing examples of reclaimed water use that may
    5         create an impact offset; revising the required
    6         provisions of the water resource implementation rule;
    7         amending s. 403.064, F.S.; revising legislative
    8         findings; requiring the Department of Environmental
    9         Protection and the water management districts to
   10         develop and enter into a memorandum of agreement
   11         providing for a coordinated review of any reclaimed
   12         water project requiring a reclaimed water facility
   13         permit, an underground injection control permit, and a
   14         consumptive use permit; specifying the required
   15         provisions of such memorandum; specifying the date by
   16         which the memorandum must be developed and executed;
   17         amending s. 403.706, F.S.; prohibiting counties and
   18         municipalities from requiring the recycling of
   19         contaminated recyclable material; providing that
   20         counties, municipalities, and recyclable material
   21         contractors are not required to collect, transport, or
   22         process contaminated recyclable material; defining the
   23         term “contaminated recyclable material”; providing
   24         applicability; amending s. 403.813, F.S.; providing
   25         that a local government may not require further
   26         verification from the department for certain projects;
   27         revising the types of dock and pier replacements and
   28         repairs that are exempt from such verification and
   29         certain permitting requirements; providing a directive
   30         to the Division of Law Revision and Information;
   31         providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (5) of section 373.250, Florida
   36  Statutes, is amended to read:
   37         373.250 Reuse of reclaimed water.—
   38         (5)(a) No later than October 1, 2012, the department shall
   39  initiate rulemaking to adopt revisions to The water resource
   40  implementation rule, as defined in s. 373.019(25), must which
   41  shall include:
   42         1. Criteria for the use of a proposed impact offset derived
   43  from the use of reclaimed water when a water management district
   44  evaluates an application for a consumptive use permit. As used
   45  in this subparagraph, the term “impact offset” means the use of
   46  reclaimed water to reduce or eliminate a harmful impact that has
   47  occurred or would otherwise occur as a result of other surface
   48  water or groundwater withdrawals. Examples of reclaimed water
   49  use that may create an impact offset include, but are not
   50  limited to, the use of reclaimed water to:
   51         a.Prevent or stop further saltwater intrusion;
   52         b.Raise aquifer levels;
   53         c.Improve the water quality of an aquifer; or
   54         d.Augment surface water to increase the quantity of water
   55  available for water supply.
   56         2. Criteria for the use of substitution credits where a
   57  water management district has adopted rules establishing
   58  withdrawal limits from a specified water resource within a
   59  defined geographic area. As used in this subparagraph, the term
   60  “substitution credit” means the use of reclaimed water to
   61  replace all or a portion of an existing permitted use of
   62  resource-limited surface water or groundwater, allowing a
   63  different user or use to initiate a withdrawal or increase its
   64  withdrawal from the same resource-limited surface water or
   65  groundwater source provided that the withdrawal creates no net
   66  adverse impact on the limited water resource or creates a net
   67  positive impact if required by water management district rule as
   68  part of a strategy to protect or recover a water resource.
   69         3.Criteria by which an impact offset or substitution
   70  credit may be applied to the issuance, renewal, or extension of
   71  the utility’s or another user’s consumptive use permit or may be
   72  used to address additional water resource constraints imposed
   73  through the adoption of a recovery or prevention strategy under
   74  s. 373.0421.
   75         (b) Within 60 days after the final adoption by the
   76  department of the revisions to the water resource implementation
   77  rule required under paragraph (a), each water management
   78  district must shall initiate rulemaking to incorporate those
   79  revisions by reference into the rules of the district.
   80         Section 2. Subsection (1) of section 403.064, Florida
   81  Statutes, is amended, and subsection (17) is added to that
   82  section, to read:
   83         403.064 Reuse of reclaimed water.—
   84         (1) The encouragement and promotion of water conservation,
   85  and reuse of reclaimed water, as defined by the department, are
   86  state objectives and are considered to be in the public
   87  interest. The Legislature finds that the reuse of reclaimed
   88  water, including reuse through aquifer recharge, is a critical
   89  component of meeting the state’s existing and future water
   90  supply needs while sustaining natural systems. The Legislature
   91  further finds that for those wastewater treatment plants
   92  permitted and operated under an approved reuse program by the
   93  department, the reclaimed water shall be considered
   94  environmentally acceptable and not a threat to public health and
   95  safety. The Legislature encourages the development of incentive
   96  based programs for reuse implementation.
   97         (17)The department and the water management districts
   98  shall develop and enter into a memorandum of agreement providing
   99  for a coordinated review of any reclaimed water project
  100  requiring a reclaimed water facility permit, an underground
  101  injection control permit, and a consumptive use permit. The
  102  memorandum of agreement must provide that the coordinated review
  103  is performed only if the applicant for such permits requests a
  104  coordinated review. The goal of the coordinated review is to
  105  share information, avoid requesting the applicant to submit
  106  redundant information, and ensure, to the extent feasible, a
  107  harmonized review of the reclaimed water project under these
  108  various permitting programs, including the use of a proposed
  109  impact offset or substitution credit in accordance with s.
  110  373.250(5). The department and the water management districts
  111  must develop and execute such memorandum of agreement no later
  112  than December 1, 2018.
  113         Section 3. Present subsection (22) of section 403.706,
  114  Florida Statutes, is renumbered as subsection (23), and a new
  115  subsection (22) is added to that section, to read:
  116         403.706 Local government solid waste responsibilities.—
  117         (22)Upon the effective date of this act and except as
  118  provided in paragraph (d):
  119         (a)A county or municipality may not require the recycling
  120  of contaminated recyclable material.
  121         (b)A county, municipality, or recyclable material
  122  contractor is not required to collect, transport, or process
  123  contaminated recyclable material.
  124         (c)As used in this subsection, the term “contaminated
  125  recyclable material” means recyclable material having 15 percent
  126  or more, measured by weight or volume, of municipal solid waste
  127  or nonrecyclable material comingled with recyclable material.
  128         (d)This subsection does not apply to a contract between a
  129  county or municipality and a recyclable material contractor for
  130  the collection, transportation, or processing of recyclable
  131  material that includes stated terms allowing contamination
  132  percentages of 15 percent or more and that was executed before
  133  the effective date of this act. This exclusion continues until
  134  the remaining term of the existing contract expires or until
  135  July 1, 2023, whichever occurs first.
  136         Section 4. Subsection (1) of section 403.813, Florida
  137  Statutes, is amended to read:
  138         403.813 Permits issued at district centers; exceptions.—
  139         (1) A permit is not required under this chapter, chapter
  140  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  141  chapter 25270, 1949, Laws of Florida, and a local government may
  142  not require further verification from the department, for
  143  activities associated with the following types of projects;
  144  however, except as otherwise provided in this subsection, this
  145  subsection does not relieve an applicant from any requirement to
  146  obtain permission to use or occupy lands owned by the Board of
  147  Trustees of the Internal Improvement Trust Fund or a water
  148  management district in its governmental or proprietary capacity
  149  or from complying with applicable local pollution control
  150  programs authorized under this chapter or other requirements of
  151  county and municipal governments:
  152         (a) The installation of overhead transmission lines, having
  153  with support structures that which are not constructed in waters
  154  of the state and which do not create a navigational hazard.
  155         (b) The installation and repair of mooring pilings and
  156  dolphins associated with private docking facilities or piers and
  157  the installation of private docks, piers, and recreational
  158  docking facilities, or piers and recreational docking facilities
  159  of local governmental entities when the local governmental
  160  entity’s activities will not take place in any manatee habitat,
  161  any of which docks:
  162         1. Has 500 square feet or less of over-water surface area
  163  for a dock which is located in an area designated as Outstanding
  164  Florida Waters or 1,000 square feet or less of over-water
  165  surface area for a dock which is located in an area that which
  166  is not designated as Outstanding Florida Waters;
  167         2. Is constructed on or held in place by pilings or is a
  168  floating dock which is constructed so as not to involve filling
  169  or dredging other than that necessary to install the pilings;
  170         3. May Shall not substantially impede the flow of water or
  171  create a navigational hazard;
  172         4. Is used for recreational, noncommercial activities
  173  associated with the mooring or storage of boats and boat
  174  paraphernalia; and
  175         5. Is the sole dock constructed pursuant to this exemption
  176  as measured along the shoreline for a distance of 65 feet,
  177  unless the parcel of land or individual lot as platted is less
  178  than 65 feet in length along the shoreline, in which case there
  179  may be one exempt dock allowed per parcel or lot.
  180  
  181  Nothing in This paragraph does not shall prohibit the department
  182  from taking appropriate enforcement action pursuant to this
  183  chapter to abate or prohibit any activity otherwise exempt from
  184  permitting pursuant to this paragraph if the department can
  185  demonstrate that the exempted activity has caused water
  186  pollution in violation of this chapter.
  187         (c) The installation and maintenance to design
  188  specifications of boat ramps on artificial bodies of water where
  189  navigational access to the proposed ramp exists or the
  190  installation of boat ramps open to the public in any waters of
  191  the state where navigational access to the proposed ramp exists
  192  and where the construction of the proposed ramp will be less
  193  than 30 feet wide and will involve the removal of less than 25
  194  cubic yards of material from the waters of the state, and the
  195  maintenance to design specifications of such ramps; however, the
  196  material to be removed shall be placed upon a self-contained
  197  upland site so as to prevent the escape of the spoil material
  198  into the waters of the state.
  199         (d) The replacement or repair of existing docks and piers,
  200  except that fill material may not be used and the replacement or
  201  repaired dock or pier must be in approximately the same location
  202  and no larger in size than the existing dock or pier, and no
  203  additional aquatic resources may be adversely and permanently
  204  impacted by such replacement or repair the same location and of
  205  the same configuration and dimensions as the dock or pier being
  206  replaced or repaired. This does not preclude the use of
  207  different construction materials or minor deviations to allow
  208  upgrades to current structural and design standards.
  209         (e) The restoration of seawalls at their previous locations
  210  or upland of, or within 18 inches waterward of, their previous
  211  locations. However, this may shall not affect the permitting
  212  requirements of chapter 161, and department rules shall clearly
  213  indicate that this exception does not constitute an exception
  214  from the permitting requirements of chapter 161.
  215         (f) The performance of maintenance dredging of existing
  216  manmade canals, channels, intake and discharge structures, and
  217  previously dredged portions of natural water bodies within
  218  drainage rights-of-way or drainage easements which have been
  219  recorded in the public records of the county, where the spoil
  220  material is to be removed and deposited on a self-contained,
  221  upland spoil site which will prevent the escape of the spoil
  222  material into the waters of the state, provided that no more
  223  dredging is to be performed than is necessary to restore the
  224  canals, channels, and intake and discharge structures, and
  225  previously dredged portions of natural water bodies, to original
  226  design specifications or configurations, provided that the work
  227  is conducted in compliance with s. 379.2431(2)(d), provided that
  228  no significant impacts occur to previously undisturbed natural
  229  areas, and provided that control devices for return flow and
  230  best management practices for erosion and sediment control are
  231  utilized to prevent bank erosion and scouring and to prevent
  232  turbidity, dredged material, and toxic or deleterious substances
  233  from discharging into adjacent waters during maintenance
  234  dredging. Further, for maintenance dredging of previously
  235  dredged portions of natural water bodies within recorded
  236  drainage rights-of-way or drainage easements, an entity that
  237  seeks an exemption must notify the department or water
  238  management district, as applicable, at least 30 days before
  239  prior to dredging and provide documentation of original design
  240  specifications or configurations where such exist. This
  241  exemption applies to all canals and previously dredged portions
  242  of natural water bodies within recorded drainage rights-of-way
  243  or drainage easements constructed before prior to April 3, 1970,
  244  and to those canals and previously dredged portions of natural
  245  water bodies constructed on or after April 3, 1970, pursuant to
  246  all necessary state permits. This exemption does not apply to
  247  the removal of a natural or manmade barrier separating a canal
  248  or canal system from adjacent waters. When no previous permit
  249  has been issued by the Board of Trustees of the Internal
  250  Improvement Trust Fund or the United States Army Corps of
  251  Engineers for construction or maintenance dredging of the
  252  existing manmade canal or intake or discharge structure, such
  253  maintenance dredging shall be limited to a depth of no more than
  254  5 feet below mean low water. The Board of Trustees of the
  255  Internal Improvement Trust Fund may fix and recover from the
  256  permittee an amount equal to the difference between the fair
  257  market value and the actual cost of the maintenance dredging for
  258  material removed during such maintenance dredging. However, no
  259  charge shall be exacted by the state for material removed during
  260  such maintenance dredging by a public port authority. The
  261  removing party may subsequently sell such material; however,
  262  proceeds from such sale that exceed the costs of maintenance
  263  dredging shall be remitted to the state and deposited in the
  264  Internal Improvement Trust Fund.
  265         (g) The maintenance of existing insect control structures,
  266  dikes, and irrigation and drainage ditches, provided that spoil
  267  material is deposited on a self-contained, upland spoil site
  268  which will prevent the escape of the spoil material into waters
  269  of the state. In the case of insect control structures, if the
  270  cost of using a self-contained upland spoil site is so
  271  excessive, as determined by the Department of Health, pursuant
  272  to s. 403.088(1), that it will inhibit proposed insect control,
  273  then-existing spoil sites or dikes may be used, upon
  274  notification to the department. In the case of insect control
  275  where upland spoil sites are not used pursuant to this
  276  exemption, turbidity control devices shall be used to confine
  277  the spoil material discharge to that area previously disturbed
  278  when the receiving body of water is used as a potable water
  279  supply, is designated as shellfish harvesting waters, or
  280  functions as a habitat for commercially or recreationally
  281  important shellfish or finfish. In all cases, no more dredging
  282  is to be performed than is necessary to restore the dike or
  283  irrigation or drainage ditch to its original design
  284  specifications.
  285         (h) The repair or replacement of existing functional pipes
  286  or culverts the purpose of which is the discharge or conveyance
  287  of stormwater. In all cases, the invert elevation, the diameter,
  288  and the length of the culvert may shall not be changed. However,
  289  the material used for the culvert may be different from the
  290  original.
  291         (i) The construction of private docks of 1,000 square feet
  292  or less of over-water surface area and seawalls in artificially
  293  created waterways where such construction will not violate
  294  existing water quality standards, impede navigation, or affect
  295  flood control. This exemption does not apply to the construction
  296  of vertical seawalls in estuaries or lagoons unless the proposed
  297  construction is within an existing manmade canal where the
  298  shoreline is currently occupied in whole or part by vertical
  299  seawalls.
  300         (j) The construction and maintenance of swales.
  301         (k) The installation of aids to navigation and buoys
  302  associated with such aids, provided the devices are marked
  303  pursuant to s. 327.40.
  304         (l) The replacement or repair of existing open-trestle foot
  305  bridges and vehicular bridges that are 100 feet or less in
  306  length and two lanes or less in width, provided that no more
  307  dredging or filling of submerged lands is performed other than
  308  that which is necessary to replace or repair pilings and that
  309  the structure to be replaced or repaired is the same length, the
  310  same configuration, and in the same location as the original
  311  bridge. No debris from the original bridge shall be allowed to
  312  remain in the waters of the state.
  313         (m) The installation of subaqueous transmission and
  314  distribution lines laid on, or embedded in, the bottoms of
  315  waters in the state, except in Class I and Class II waters and
  316  aquatic preserves, provided no dredging or filling is necessary.
  317         (n) The replacement or repair of subaqueous transmission
  318  and distribution lines laid on, or embedded in, the bottoms of
  319  waters of the state.
  320         (o) The construction of private seawalls in wetlands or
  321  other surface waters where such construction is between and
  322  adjoins at both ends existing seawalls; follows a continuous and
  323  uniform seawall construction line with the existing seawalls; is
  324  no more than 150 feet in length; and does not violate existing
  325  water quality standards, impede navigation, or affect flood
  326  control. However, in estuaries and lagoons the construction of
  327  vertical seawalls is limited to the circumstances and purposes
  328  stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
  329  the permitting requirements of chapter 161, and department rules
  330  must clearly indicate that this exception does not constitute an
  331  exception from the permitting requirements of chapter 161.
  332         (p) The restoration of existing insect control impoundment
  333  dikes which are less than 100 feet in length. Such impoundments
  334  shall be connected to tidally influenced waters for 6 months
  335  each year beginning September 1 and ending February 28 if
  336  feasible or operated in accordance with an impoundment
  337  management plan approved by the department. A dike restoration
  338  may involve no more dredging than is necessary to restore the
  339  dike to its original design specifications. For the purposes of
  340  this paragraph, restoration does not include maintenance of
  341  impoundment dikes of operating insect control impoundments.
  342         (q) The construction, operation, or maintenance of
  343  stormwater management facilities which are designed to serve
  344  single-family residential projects, including duplexes,
  345  triplexes, and quadruplexes, if they are less than 10 acres
  346  total land and have less than 2 acres of impervious surface and
  347  if the facilities:
  348         1. Comply with all regulations or ordinances applicable to
  349  stormwater management and adopted by a city or county;
  350         2. Are not part of a larger common plan of development or
  351  sale; and
  352         3. Discharge into a stormwater discharge facility exempted
  353  or permitted by the department under this chapter which has
  354  sufficient capacity and treatment capability as specified in
  355  this chapter and is owned, maintained, or operated by a city,
  356  county, special district with drainage responsibility, or water
  357  management district; however, this exemption does not authorize
  358  discharge to a facility without the facility owner’s prior
  359  written consent.
  360         (r) The removal of aquatic plants, the removal of tussocks,
  361  the associated replanting of indigenous aquatic plants, and the
  362  associated removal from lakes of organic detrital material when
  363  such planting or removal is performed and authorized by permit
  364  or exemption granted under s. 369.20 or s. 369.25, provided
  365  that:
  366         1. Organic detrital material that exists on the surface of
  367  natural mineral substrate shall be allowed to be removed to a
  368  depth of 3 feet or to the natural mineral substrate, whichever
  369  is less;
  370         2. All material removed pursuant to this paragraph shall be
  371  deposited in an upland site in a manner that will prevent the
  372  reintroduction of the material into waters in the state except
  373  when spoil material is permitted to be used to create wildlife
  374  islands in freshwater bodies of the state when a governmental
  375  entity is permitted pursuant to s. 369.20 to create such islands
  376  as a part of a restoration or enhancement project;
  377         3. All activities are performed in a manner consistent with
  378  state water quality standards; and
  379         4. No activities under this exemption are conducted in
  380  wetland areas, as defined in s. 373.019(27), which are supported
  381  by a natural soil as shown in applicable United States
  382  Department of Agriculture county soil surveys, except when a
  383  governmental entity is permitted pursuant to s. 369.20 to
  384  conduct such activities as a part of a restoration or
  385  enhancement project.
  386  
  387  The department may not adopt implementing rules for this
  388  paragraph, notwithstanding any other provision of law.
  389         (s) The construction, installation, operation, or
  390  maintenance of floating vessel platforms or floating boat lifts,
  391  provided that such structures:
  392         1. Float at all times in the water for the sole purpose of
  393  supporting a vessel so that the vessel is out of the water when
  394  not in use;
  395         2. Are wholly contained within a boat slip previously
  396  permitted under ss. 403.91-403.929, 1984 Supplement to the
  397  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  398  do not exceed a combined total of 500 square feet, or 200 square
  399  feet in an Outstanding Florida Water, when associated with a
  400  dock that is exempt under this subsection or associated with a
  401  permitted dock with no defined boat slip or attached to a
  402  bulkhead on a parcel of land where there is no other docking
  403  structure;
  404         3. Are not used for any commercial purpose or for mooring
  405  vessels that remain in the water when not in use, and do not
  406  substantially impede the flow of water, create a navigational
  407  hazard, or unreasonably infringe upon the riparian rights of
  408  adjacent property owners, as defined in s. 253.141;
  409         4. Are constructed and used so as to minimize adverse
  410  impacts to submerged lands, wetlands, shellfish areas, aquatic
  411  plant and animal species, and other biological communities,
  412  including locating such structures in areas where seagrasses are
  413  least dense adjacent to the dock or bulkhead; and
  414         5. Are not constructed in areas specifically prohibited for
  415  boat mooring under conditions of a permit issued in accordance
  416  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  417  1983, as amended, or part IV of chapter 373, or other form of
  418  authorization issued by a local government.
  419  
  420  Structures that qualify for this exemption are relieved from any
  421  requirement to obtain permission to use or occupy lands owned by
  422  the Board of Trustees of the Internal Improvement Trust Fund
  423  and, with the exception of those structures attached to a
  424  bulkhead on a parcel of land where there is no docking
  425  structure, may shall not be subject to any more stringent
  426  permitting requirements, registration requirements, or other
  427  regulation by any local government. Local governments may
  428  require either permitting or one-time registration of floating
  429  vessel platforms to be attached to a bulkhead on a parcel of
  430  land where there is no other docking structure as necessary to
  431  ensure compliance with local ordinances, codes, or regulations.
  432  Local governments may require either permitting or one-time
  433  registration of all other floating vessel platforms as necessary
  434  to ensure compliance with the exemption criteria in this
  435  section; to ensure compliance with local ordinances, codes, or
  436  regulations relating to building or zoning, which are no more
  437  stringent than the exemption criteria in this section or address
  438  subjects other than subjects addressed by the exemption criteria
  439  in this section; and to ensure proper installation, maintenance,
  440  and precautionary or evacuation action following a tropical
  441  storm or hurricane watch of a floating vessel platform or
  442  floating boat lift that is proposed to be attached to a bulkhead
  443  or parcel of land where there is no other docking structure. The
  444  exemption provided in this paragraph shall be in addition to the
  445  exemption provided in paragraph (b). The department shall adopt
  446  a general permit by rule for the construction, installation,
  447  operation, or maintenance of those floating vessel platforms or
  448  floating boat lifts that do not qualify for the exemption
  449  provided in this paragraph but do not cause significant adverse
  450  impacts to occur individually or cumulatively. The issuance of
  451  such general permit shall also constitute permission to use or
  452  occupy lands owned by the Board of Trustees of the Internal
  453  Improvement Trust Fund. No local government shall impose a more
  454  stringent regulation, permitting requirement, registration
  455  requirement, or other regulation covered by such general permit.
  456  Local governments may require either permitting or one-time
  457  registration of floating vessel platforms as necessary to ensure
  458  compliance with the general permit in this section; to ensure
  459  compliance with local ordinances, codes, or regulations relating
  460  to building or zoning that are no more stringent than the
  461  general permit in this section; and to ensure proper
  462  installation and maintenance of a floating vessel platform or
  463  floating boat lift that is proposed to be attached to a bulkhead
  464  or parcel of land where there is no other docking structure.
  465         (t) The repair, stabilization, or paving of existing county
  466  maintained roads and the repair or replacement of bridges that
  467  are part of the roadway, within the Northwest Florida Water
  468  Management District and the Suwannee River Water Management
  469  District, provided:
  470         1. The road and associated bridge were in existence and in
  471  use as a public road or bridge, and were maintained by the
  472  county as a public road or bridge on or before January 1, 2002;
  473         2. The construction activity does not realign the road or
  474  expand the number of existing traffic lanes of the existing
  475  road; however, the work may include the provision of safety
  476  shoulders, clearance of vegetation, and other work reasonably
  477  necessary to repair, stabilize, pave, or repave the road,
  478  provided that the work is constructed by generally accepted
  479  engineering standards;
  480         3. The construction activity does not expand the existing
  481  width of an existing vehicular bridge in excess of that
  482  reasonably necessary to properly connect the bridge with the
  483  road being repaired, stabilized, paved, or repaved to safely
  484  accommodate the traffic expected on the road, which may include
  485  expanding the width of the bridge to match the existing
  486  connected road. However, no debris from the original bridge
  487  shall be allowed to remain in waters of the state, including
  488  wetlands;
  489         4. Best management practices for erosion control shall be
  490  employed as necessary to prevent water quality violations;
  491         5. Roadside swales or other effective means of stormwater
  492  treatment must be incorporated as part of the project;
  493         6. No more dredging or filling of wetlands or water of the
  494  state is performed than that which is reasonably necessary to
  495  repair, stabilize, pave, or repave the road or to repair or
  496  replace the bridge, in accordance with generally accepted
  497  engineering standards; and
  498         7. Notice of intent to use the exemption is provided to the
  499  department, if the work is to be performed within the Northwest
  500  Florida Water Management District, or to the Suwannee River
  501  Water Management District, if the work is to be performed within
  502  the Suwannee River Water Management District, 30 days before
  503  prior to performing any work under the exemption.
  504  
  505  Within 30 days after this act becomes a law, the department
  506  shall initiate rulemaking to adopt a no fee general permit for
  507  the repair, stabilization, or paving of existing roads that are
  508  maintained by the county and the repair or replacement of
  509  bridges that are part of the roadway where such activities do
  510  not cause significant adverse impacts to occur individually or
  511  cumulatively. The general permit shall apply statewide and, with
  512  no additional rulemaking required, apply to qualified projects
  513  reviewed by the Suwannee River Water Management District, the
  514  St. Johns River Water Management District, the Southwest Florida
  515  Water Management District, and the South Florida Water
  516  Management District under the division of responsibilities
  517  contained in the operating agreements applicable to part IV of
  518  chapter 373. Upon adoption, this general permit shall, pursuant
  519  to the provisions of subsection (2), supersede and replace the
  520  exemption in this paragraph.
  521         (u) Notwithstanding any provision to the contrary in this
  522  subsection, a permit or other authorization under chapter 253,
  523  chapter 369, chapter 373, or this chapter is not required for an
  524  individual residential property owner for the removal of organic
  525  detrital material from freshwater rivers or lakes that have a
  526  natural sand or rocky substrate and that are not Aquatic
  527  Preserves or for the associated removal and replanting of
  528  aquatic vegetation for the purpose of environmental enhancement,
  529  providing that:
  530         1. No activities under this exemption are conducted in
  531  wetland areas, as defined in s. 373.019(27), which are supported
  532  by a natural soil as shown in applicable United States
  533  Department of Agriculture county soil surveys.
  534         2. No filling or peat mining is allowed.
  535         3. No removal of native wetland trees, including, but not
  536  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  537         4. When removing organic detrital material, no portion of
  538  the underlying natural mineral substrate or rocky substrate is
  539  removed.
  540         5. Organic detrital material and plant material removed is
  541  deposited in an upland site in a manner that will not cause
  542  water quality violations.
  543         6. All activities are conducted in such a manner, and with
  544  appropriate turbidity controls, so as to prevent any water
  545  quality violations outside the immediate work area.
  546         7. Replanting with a variety of aquatic plants native to
  547  the state shall occur in a minimum of 25 percent of the
  548  preexisting vegetated areas where organic detrital material is
  549  removed, except for areas where the material is removed to bare
  550  rocky substrate; however, an area may be maintained clear of
  551  vegetation as an access corridor. The access corridor width may
  552  not exceed 50 percent of the property owner’s frontage or 50
  553  feet, whichever is less, and may be a sufficient length
  554  waterward to create a corridor to allow access for a boat or
  555  swimmer to reach open water. Replanting must be at a minimum
  556  density of 2 feet on center and be completed within 90 days
  557  after removal of existing aquatic vegetation, except that under
  558  dewatered conditions replanting must be completed within 90 days
  559  after reflooding. The area to be replanted must extend waterward
  560  from the ordinary high water line to a point where normal water
  561  depth would be 3 feet or the preexisting vegetation line,
  562  whichever is less. Individuals are required to make a reasonable
  563  effort to maintain planting density for a period of 6 months
  564  after replanting is complete, and the plants, including
  565  naturally recruited native aquatic plants, must be allowed to
  566  expand and fill in the revegetation area. Native aquatic plants
  567  to be used for revegetation must be salvaged from the
  568  enhancement project site or obtained from an aquatic plant
  569  nursery regulated by the Department of Agriculture and Consumer
  570  Services. Plants that are not native to the state may not be
  571  used for replanting.
  572         8. No activity occurs any farther than 100 feet waterward
  573  of the ordinary high water line, and all activities must be
  574  designed and conducted in a manner that will not unreasonably
  575  restrict or infringe upon the riparian rights of adjacent upland
  576  riparian owners.
  577         9. The person seeking this exemption notifies the
  578  applicable department district office in writing at least 30
  579  days before commencing work and allows the department to conduct
  580  a preconstruction site inspection. Notice must include an
  581  organic-detrital-material removal and disposal plan and, if
  582  applicable, a vegetation-removal and revegetation plan.
  583         10. The department is provided written certification of
  584  compliance with the terms and conditions of this paragraph
  585  within 30 days after completion of any activity occurring under
  586  this exemption.
  587         (v) Notwithstanding any other provision in this chapter,
  588  chapter 373, or chapter 161, a permit or other authorization is
  589  not required for the following exploratory activities associated
  590  with beach restoration and nourishment projects and inlet
  591  management activities:
  592         1. The collection of geotechnical, geophysical, and
  593  cultural resource data, including surveys, mapping, acoustic
  594  soundings, benthic and other biologic sampling, and coring.
  595         2. Oceanographic instrument deployment, including temporary
  596  installation on the seabed of coastal and oceanographic data
  597  collection equipment.
  598         3. Incidental excavation associated with any of the
  599  activities listed under subparagraph 1. or subparagraph 2.
  600         Section 5. The Division of Law Revision and Information is
  601  directed to replace the phrase “the effective date of this act”
  602  wherever it occurs in this act with the date the act becomes a
  603  law.
  604         Section 6. This act shall take effect upon becoming a law.