HB 1343CS

CHAMBER ACTION



1The Environmental Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to environmental protection; providing
7legislative intent regarding funding for the Florida
8Forever program; amending s. 201.15, F.S.; revising
9provisions governing distribution of a portion of the
10proceeds of the excise tax on documents to the Land
11Acquisition Trust Fund; amending s. 373.4144, F.S.;
12removing provisions requiring the Department of
13Environmental Protection to develop a mechanism
14consolidating federal and state wetland permitting
15programs; authorizing implementation of a statewide
16programmatic general permit by the department and water
17management districts for certain dredge and fill
18activities; specifying conditions applicable to such
19permit; authorizes the department to adopt rules and apply
20program criteria; providing for use of such general permit
21within the Northwest Florida Water Management District;
22amending s. 373.4211, F.S.; revising provisions concerning
23the vegetative index used to delineate the landward extent
24of wetlands and surface waters; providing a definition;
25providing for permit modification under certain
26circumstances; providing for certain declaratory
27statements from the department; providing exemptions for
28certain permit petitions and applications relating to
29specified activities; providing effective dates.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  The Legislature finds that rising land costs
34have reduced the effectiveness of the Florida Forever program.
35It is therefore the intent of the Legislature that the
36distribution of funds to the Florida Forever program be
37accelerated in order to complete the appropriations anticipated
38under s. 215.618, Florida Statutes, by the 2007-2008 fiscal year
39by lifting the annual limit on debt service for Florida Forever
40bonds and allowing appropriations for the Florida Forever
41program to rise to $600 million in the 2006-2007 and 2007-2008
42fiscal years.
43     Section 2.  Paragraph (a) of subsection (1) of section
44201.15, Florida Statutes, is amended to read:
45     201.15  Distribution of taxes collected.--All taxes
46collected under this chapter shall be distributed as follows and
47shall be subject to the service charge imposed in s. 215.20(1),
48except that such service charge shall not be levied against any
49portion of taxes pledged to debt service on bonds to the extent
50that the amount of the service charge is required to pay any
51amounts relating to the bonds:
52     (1)  Sixty-two and sixty-three hundredths percent of the
53remaining taxes collected under this chapter shall be used for
54the following purposes:
55     (a)  Amounts as shall be necessary to pay the debt service
56on, or fund debt service reserve funds, rebate obligations, or
57other amounts payable with respect to Preservation 2000 bonds
58issued pursuant to s. 375.051 and Florida Forever bonds issued
59pursuant to s. 215.618, shall be paid into the State Treasury to
60the credit of the Land Acquisition Trust Fund to be used for
61such purposes. The amount transferred to the Land Acquisition
62Trust Fund for such purposes shall not exceed $300 million in
63fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
64and bonds issued to refund Preservation 2000 bonds, and $300
65million in fiscal year 2000-2001 and thereafter for Florida
66Forever bonds. The annual amount transferred to the Land
67Acquisition Trust Fund for Florida Forever bonds shall not
68exceed $30 million in the first fiscal year in which bonds are
69issued. The limitation on the amount transferred shall be
70increased by an additional $30 million in each subsequent fiscal
71year through 2004-2005, and by $60 million in each subsequent
72fiscal year, but shall not exceed a total of $300 million in any
73fiscal year for all bonds issued. It is the intent of the
74Legislature that all bonds issued to fund the Florida Forever
75Act be retired by December 31, 2030. Except for bonds issued to
76refund previously issued bonds, no series of bonds may be issued
77pursuant to this paragraph unless such bonds are approved and
78the debt service for the remainder of the fiscal year in which
79the bonds are issued is specifically appropriated in the General
80Appropriations Act. For purposes of refunding Preservation 2000
81bonds, amounts designated within this section for Preservation
822000 and Florida Forever bonds may be transferred between the
83two programs to the extent provided for in the documents
84authorizing the issuance of the bonds. The Preservation 2000
85bonds and Florida Forever bonds shall be equally and ratably
86secured by moneys distributable to the Land Acquisition Trust
87Fund pursuant to this section, except to the extent specifically
88provided otherwise by the documents authorizing the issuance of
89the bonds. No moneys transferred to the Land Acquisition Trust
90Fund pursuant to this paragraph, or earnings thereon, shall be
91used or made available to pay debt service on the Save Our Coast
92revenue bonds.
93     Section 3.  Effective July 1, 2007, paragraph (a) of
94subsection (1) of section 201.15, Florida Statutes, as amended
95by section 1 of chapter 2005-92, Laws of Florida, is amended to
96read:
97     201.15  Distribution of taxes collected.--All taxes
98collected under this chapter shall be distributed as follows and
99shall be subject to the service charge imposed in s. 215.20(1),
100except that such service charge shall not be levied against any
101portion of taxes pledged to debt service on bonds to the extent
102that the amount of the service charge is required to pay any
103amounts relating to the bonds:
104     (1)  Sixty-two and sixty-three hundredths percent of the
105remaining taxes collected under this chapter shall be used for
106the following purposes:
107     (a)  Amounts as shall be necessary to pay the debt service
108on, or fund debt service reserve funds, rebate obligations, or
109other amounts payable with respect to Preservation 2000 bonds
110issued pursuant to s. 375.051 and Florida Forever bonds issued
111pursuant to s. 215.618, shall be paid into the State Treasury to
112the credit of the Land Acquisition Trust Fund to be used for
113such purposes. The amount transferred to the Land Acquisition
114Trust Fund shall not exceed $300 million in fiscal year 1999-
1152000 and thereafter for Preservation 2000 bonds and bonds issued
116to refund Preservation 2000 bonds, and $300 million in fiscal
117year 2000-2001 and thereafter for Florida Forever bonds. The
118annual amount transferred to the Land Acquisition Trust Fund for
119Florida Forever bonds shall not exceed $30 million in the first
120fiscal year in which bonds are issued. The limitation on the
121amount transferred shall be increased by an additional $60 $30
122million in each subsequent fiscal year, but shall not exceed a
123total of $300 million in any fiscal year for all bonds issued.
124It is the intent of the Legislature that all bonds issued to
125fund the Florida Forever Act be retired by December 31, 2030.
126Except for bonds issued to refund previously issued bonds, no
127series of bonds may be issued pursuant to this paragraph unless
128such bonds are approved and the debt service for the remainder
129of the fiscal year in which the bonds are issued is specifically
130appropriated in the General Appropriations Act. For purposes of
131refunding Preservation 2000 bonds, amounts designated within
132this section for Preservation 2000 and Florida Forever bonds may
133be transferred between the two programs to the extent provided
134for in the documents authorizing the issuance of the bonds. The
135Preservation 2000 bonds and Florida Forever bonds shall be
136equally and ratably secured by moneys distributable to the Land
137Acquisition Trust Fund pursuant to this section, except to the
138extent specifically provided otherwise by the documents
139authorizing the issuance of the bonds. No moneys transferred to
140the Land Acquisition Trust Fund pursuant to this paragraph, or
141earnings thereon, shall be used or made available to pay debt
142service on the Save Our Coast revenue bonds.
143     Section 4.  Subsection (1) of section 373.4144, Florida
144Statutes, is amended to read:
145     373.4144  Federal environmental permitting.--
146     (1)  In order to effectuate efficient wetland permitting
147and avoid duplication, the department and water management
148districts are authorized to implement a voluntary statewide
149programmatic general permit for all dredge and fill activities
150impacting 10 acres or less of wetlands or other surface waters,
151including navigable waters, subject to agreement with the United
152States Army Corps of Engineers in accordance with the following
153conditions:
154     (a)  By seeking to use the statewide programmatic general
155permit authorized by this section, an applicant consents to the
156department or district applying the landward-most delineation of
157wetlands or other surface waters applicable pursuant to this
158part or the regulations implementing s. 404 of the Clean Water
159Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
160and s. 10 of the Rivers and Harbors Act of 1899. In the
161implementation of the 1987 Corps of Engineers Wetlands Manual
162Technical Report (87-1), the department or district shall equate
163high organic matter in the surface horizon in accordance with
164the National Resource Conservation Service indications for
165hydric soils approved for use in this state. The department
166shall ensure statewide coordination and consistency in the
167delineation of surface waters and wetlands, pursuant to the
168statewide programmatic general permit authorized by this part,
169by providing training and guidance to the department and
170districts in the implementation of such permit.
171     (b)  By seeking to use the statewide programmatic general
172permit authorized by this subsection an applicant consents to
173applicable substantive federal wetland regulatory criteria,
174which are not included pursuant to this part, but which are
175authorized by the regulation implementing s. 404 of the Clean
176Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
177seq., and s. 10 of the Rivers and Harbors Act of 1899 as
178required by the Corps of Engineers, notwithstanding the
179provisions of s. 373.4145 and for the limited purposes of
180implementing the statewide programmatic general permit
181authorized by this section.
182     (c)  The department is authorized to adopt rules and apply
183environmental resource permitting program criteria adopted
184pursuant to s. 373.414(9) to both waters of the state and
185isolated wetlands. Upon adoption of such rules, applicants in
186the Northwest Florida Water Management District may elect to
187pursue use of the statewide programmatic general permit
188authorized by this section. The department is directed to
189develop, on or before October 1, 2005, a mechanism or plan to
190consolidate, to the maximum extent practicable, the federal and
191state wetland permitting programs. It is the intent of the
192Legislature that all dredge and fill activities impacting 10
193acres or less of wetlands or waters, including navigable waters,
194be processed by the state as part of the environmental resource
195permitting program implemented by the department and the water
196management districts. The resulting mechanism or plan shall
197analyze and propose the development of an expanded state
198programmatic general permit program in conjunction with the
199United States Army Corps of Engineers pursuant to s. 404 of the
200Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
2011251 et seq., and s. 10 of the Rivers and Harbors Act of 1899.
202Alternatively, or in combination with an expanded state
203programmatic general permit, the mechanism or plan may propose
204the creation of a series of regional general permits issued by
205the United States Army Corps of Engineers pursuant to the
206referenced statutes. All of the regional general permits must be
207administered by the department or the water management districts
208or their designees.
209     Section 5.  Subsection (19) of section 373.4211, Florida
210Statutes, is amended to read:
211     373.4211  Ratification of chapter 17-340, Florida
212Administrative Code, on the delineation of the landward extent
213of wetlands and surface waters.--Pursuant to s. 373.421, the
214Legislature ratifies chapter 17-340, Florida Administrative
215Code, approved on January 13, 1994, by the Environmental
216Regulation Commission, with the following changes:
217     (19)(a)  Rule 17-340.450(3) is amended by adding, after the
218species list, the following language:
219     "Within Monroe County and the Key Largo portion of Dade
220County only, the following species shall be listed as
221facultative: Alternanthera paronychioides, Byrsonima lucida,
222Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
223Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
224unquis-cati, Randia aculeata, Reynosia septentrionalis, and
225Thrinax radiata."
226     (b)  Pursuant to s. 373.421, and subject to the conditions
227described herein, the Legislature ratifies the changes to rule
22862-340.450(3), Florida Administrative Code, approved on February
22923, 2006, by the Environmental Regulation Commission that add
230slash pine (pinus elliotti) and gallberry (flex glabral) to the
231list of facultative plants. However, this ratification and the
232rule revision shall not take effect until 60 days after the date
233the statewide programmatic general permit authorized by s.
234373.4144(1) becomes effective, covering no less than 5 acres of
235wetland impact.
236     (c)  Surface water and wetland delineations identified and
237approved by a permit issued under rules adopted pursuant to this
238part prior to the effective date of the statewide programmatic
239general permit authorized by s. 373.4144(1) shall remain valid
240until expiration of such permit, notwithstanding the changes to
241rule 62-340.450(3), Florida Administrative Code, as described in
242this subsection. For purposes of this paragraph, the term
243"identified and approved" means:
244     1.  The delineation was field-verified by the permitting
245agency and such verification was surveyed as part of the
246application review process for the permit; or
247     2.  The delineation was field-verified by the permitting
248agency and approved pursuant to the permit.
249
250Where surface water and wetland delineations were not identified
251and approved pursuant to the permit issued under rules adopted
252pursuant to this part, delineations within the geographical area
253to which such permit applies shall be determined pursuant to the
254rules applicable at the time the permit was issued,
255notwithstanding the changes to rule 62-340.450(3),Florida
256Administrative Code, as described in this subsection. This
257paragraph shall also apply to any modification of the permit
258issued under rules adopted pursuant to this part, which does not
259constitute a substantial modification, within the geographical
260area to which the permit applies.
261     (d)  Any declaratory statement issued by the department
262under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
263as amended, pursuant to rules adopted thereunder, or by the
264department or a water management district under s. 373.421, in
265response to a petition filed on or before the effective date of
266the statewide programmatic general permit authorized by s.
267373.4144(1), shall continue to be valid for the duration of such
268declaratory statement. Any such petition pending on or before
269the effective date of the statewide programmatic general permit
270authorized by s. 373.4144(1), shall be exempt from the changes
271to rule 62-340.450(3), Florida Administrative Code, as described
272in this subsection, and shall be subject to the provisions of
273chapter 62-340, Florida Administrative Code, in effect prior to
274such change. Activities proposed within the boundaries of a
275valid declaratory statement issued pursuant to a petition
276submitted to either the department or the relevant water
277management district on or before the effective date of the
278statewide programmatic general permit authorized by s.
279373.4144(1), or a revalidated jurisdictional determination prior
280to its expiration, shall continue thereafter to be exempt from
281the changes to rule 62-340.450(3), Florida Administrative Code,
282as described in this subsection.
283     (e)  A permit application under this part for dredging and
284filling or other activity which is pending on or before the
285effective date of the statewide programmatic general permit
286authorized by s. 373.4144(1) shall be exempt from the changes to
287rule 62-340.450(3), Florida Administrative Code, as described in
288this subsection.
289     (f)  Activities associated with mining operations as
290defined by and subject to ss. 378.201-378.212 and 378.701-
291378.703 and included in a conceptual reclamation plan or
292modification application submitted on or before the effective
293date of the statewide programmatic general permit authorized by
294s. 373.4144(1) shall be exempt from changes to rule 62-
295340.450(3), Florida Administrative Code, as described in this
296subsection.
297     Section 6.  Except as otherwise expressly provided in this
298act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.