Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
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                            CHAMBER ACTION
              Senate                               House
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11  The Committee on General Government Appropriations (Bennett)
12  recommended the following substitute for amendment (875768):
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 373.4132, Florida Statutes, is
19  amended to read:
20         373.4132  Dry storage facility permitting.--The
21  governing board or the department shall require a permit under
22  this part, including s. 373.4145, for the construction,
23  alteration, operation, maintenance, abandonment, or removal of
24  a dry storage facility for 10 or more vessels that is
25  functionally associated with a boat launching area; however,
26  developments of regional impact for which a development order
27  has been issued under chapter 380, before July 1,1995,
28  authorizing a dry slip storage that has yet to be constructed,
29  is entitled to the number of dry slips approved under the
30  development order subject to the condition that no more than
31  15 percent of the watercraft from the dry slip storage may
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
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 1  access the water each day. As part of an applicant's
 2  demonstration that such a facility will not be harmful to the
 3  water resources and will not be inconsistent with the overall
 4  objectives of the district, the governing board or department
 5  shall require the applicant to provide reasonable assurance
 6  that the secondary impacts from the facility will not cause
 7  adverse impacts to the functions of wetlands and surface
 8  waters, including violations of state water quality standards
 9  applicable to waters as defined in s. 403.031(13), and will
10  meet the public interest test of s. 373.414(1)(a), including
11  the potential adverse impacts to manatees. Nothing in This
12  section does not shall affect the authority of the governing
13  board or the department to regulate such secondary impacts
14  under this part for other regulated activities.
15         Section 2.  Subsection (15) of section 373.414, Florida
16  Statutes, is amended to read:
17         373.414  Additional criteria for activities in surface
18  waters and wetlands.--
19         (15)  Activities associated with mining operations as
20  defined by and subject to ss. 378.201-378.212 and
21  378.701-378.703 and included in a conceptual reclamation plan
22  or modification application submitted prior to July 1, 1996,
23  shall continue to be reviewed under the rules of the
24  department adopted pursuant to ss. 403.91-403.929, 1984
25  Supplement to the Florida Statutes 1983, as amended, the rules
26  of the water management districts under this part, and
27  interagency agreements, in effect on January 1, 1993. Such
28  activities are shall be exempt from rules adopted under
29  pursuant to subsection (9) and the statewide methodology
30  ratified under pursuant to s. 373.4211. As of January 1, 1994,
31  such activities may be issued permits authorizing construction
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
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 1  for the life of the mine. Lands added to a conceptual
 2  reclamation plan subject to this subsection through a
 3  modification submitted after July 1, 1996, which are
 4  contiguous to the conceptual reclamation plan area are exempt
 5  from rules adopted under subsection (9) if the total acreage
 6  of the conceptual reclamation plan is not increased through
 7  the modification and the cumulative acreage added does not
 8  exceed 3 percent of the conceptual reclamation plan area.
 9  Lands that have been mined or disturbed by mining activities,
10  lands subject to a conservation easement under which the
11  grantee is a state or federal regulatory agency, and lands
12  otherwise preserved as a part of a permitting review may not
13  be removed from the conceptual reclamation plan area under
14  this subsection.
15         Section 3.  Section 373.4144, Florida Statutes, is
16  amended to read:
17         373.4144  Federal environmental permitting.--
18         (1)  It is the intent of the Legislature to:
19         (a)  Facilitate coordination and a more efficient
20  process of implementing regulatory duties and functions
21  between the Department of Environmental Protection, the water
22  management districts, the United States Army Corps of
23  Engineers, the United States Fish and Wildlife Service, the
24  National Marine Fisheries Service, the United States
25  Environmental Protection Agency, the Fish and Wildlife
26  Conservation Commission, and other relevant federal and state
27  agencies.
28         (b)  Authorize the Department of Environmental
29  Protection to obtain from the United States Army Corps of
30  Engineers, under state and federal law and as set forth in
31  this section, an expanded state programmatic general permit,
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    Bill No. SB 2082
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 1  or a series of regional general permits, for categories of
 2  activities conducted in waters of the United States governed
 3  by the Clean Water Act and in navigable waters under the
 4  Rivers and Harbors Act of 1899 which are similar in nature,
 5  which will cause only minimal adverse environmental effects
 6  when performed separately, and which will have only minimal
 7  cumulative adverse effects on the environment.
 8         (c)  Use a state general permit or regional general
 9  permits to eliminate overlapping federal and state regulations
10  that relate to the same resource and to avoid duplication of
11  permitting between the United States Army Corps of Engineers
12  and the department for minor work located in waters of the
13  United States, including navigable waters, thus eliminating,
14  if appropriate, the need for separate approval from the United
15  States Army Corps of Engineers while ensuring the most
16  stringent protection of wetland resources.
17         (d)  Direct the department to not seek issuance of or
18  take any action pursuant to obtaining a general permit or
19  regional general permits unless conditions are at least as
20  protective of the environment and natural resources as
21  existing state law under this part and federal law under the
22  Clean Water Act and the Rivers and Harbors Act of 1899.
23         (e)  Add slash pine and gallberry to the state list of
24  facultative species as an incentive for and contingent upon
25  the alignment of federal and state wetland jurisdictional
26  delineation, so that the alignment eliminates an impediment to
27  obtaining authorization from the United States Army Corps of
28  Engineers for a state programmatic general permit or regional
29  general permits. The department is directed to develop, on or
30  before October 1, 2005, a mechanism or plan to consolidate, to
31  the maximum extent practicable, the federal and state wetland
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
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 1  permitting programs. It is the intent of the Legislature that
 2  all dredge and fill activities impacting 10 acres or less of
 3  wetlands or waters, including navigable waters, be processed
 4  by the state as part of the environmental resource permitting
 5  program implemented by the department and the water management
 6  districts. The resulting mechanism or plan shall analyze and
 7  propose the development of an expanded state programmatic
 8  general permit program in conjunction with the United States
 9  Army Corps of Engineers pursuant to s. 404 of the Clean Water
10  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
11  seq., and s. 10 of the Rivers and Harbors Act of 1899.
12  Alternatively, or in combination with an expanded state
13  programmatic general permit, the mechanism or plan may propose
14  the creation of a series of regional general permits issued by
15  the United States Army Corps of Engineers pursuant to the
16  referenced statutes. All of the regional general permits must
17  be administered by the department or the water management
18  districts or their designees.
19         (2)  In order to effectuate efficient wetland
20  permitting and avoid duplication, the department and water
21  management districts are authorized to implement a voluntary
22  state programmatic general permit for all dredge and fill
23  activities impacting 5 acres or less of wetlands or other
24  surface waters, including navigable waters, subject to
25  agreement with the United States Army Corps of Engineers, if
26  the general permit is at least as protective of the
27  environment and natural resources as existing state law under
28  this part and federal law under the Clean Water Act and the
29  Rivers and Harbors Act of 1899. The department is directed to
30  file with the Speaker of the House of Representatives and the
31  President of the Senate a report proposing any required
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    Bill No. SB 2082
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 1  federal and state statutory changes that would be necessary to
 2  accomplish the directives listed in this section and to
 3  coordinate with the Florida Congressional Delegation on any
 4  necessary changes to federal law to implement the directives.
 5         (3)  Nothing in This section does not shall be
 6  construed to preclude the department from pursuing a series of
 7  regional general permits for construction activities in
 8  wetlands or surface waters or complete assumption of federal
 9  permitting programs regulating the discharge of dredged or
10  fill material pursuant to s. 404 of the Clean Water Act, Pub.
11  L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s.
12  10 of the Rivers and Harbors Act of 1899., so long as The
13  assumption of federal permitting programs must encompass
14  encompasses all dredge and fill activities in, on, or over
15  jurisdictional wetlands or waters, including navigable waters,
16  within the state.
17         (4)  The department shall report annually to the
18  Legislature on its efforts to eliminate impediments to
19  achieving greater efficiencies through expansion of a state
20  programmatic general permit or of regional general permits.
21         Section 4.  Section 373.4212, Florida Statutes, is
22  created to read:
23         373.4212  Ratification of department rule; facultative
24  plants.--Pursuant to s. 373.421 and subject to the conditions
25  described in this section, the Legislature ratifies the change
26  to rule 62-340.450(3), Florida Administrative Code, approved
27  on February 23, 2006, by the Environmental Regulation
28  Commission which adds Pinus elliottii, and Ilex glabra to the
29  list of facultative plants. This ratification and the rule
30  revision may not take effect until state and federal wetland
31  jurisdictional delineation methodologies are aligned.
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 1         (1)  Surface water and wetland delineations identified
 2  and approved by a permit issued under rules adopted under this
 3  part before the effective date of this act remain valid until
 4  the expiration of the permit, notwithstanding the change to
 5  rule 62-340.450(3). For purposes of this section, the term
 6  "identified and approved" means:
 7         (a)  The delineation was field-verified by the
 8  permitting agency and the verification was surveyed as part of
 9  the application review process for the permit; or
10         (b)  The delineation was field-verified by the
11  permitting agency and approved pursuant to the permit.
12         (2)  Where surface water and wetland delineations were
13  not identified and approved under the permit issued under
14  rules adopted under this part, delineations within the
15  geographical area to which the permit applies shall be
16  determined pursuant to the rules applicable at the time the
17  permit was issued, notwithstanding the change to rule
18  62-340.450(3). This section also applies to any modification
19  of the permit issued under rules adopted under this part which
20  do not constitute a substantial modification within the
21  geographical area to which the permit applies.
22         (3)  Any declaratory statement issued by the department
23  under s. 403.914, 1984 Supplement to the Florida Statutes
24  1983, as amended, pursuant to rules adopted thereunder, or by
25  the department or a water management district under s.
26  373.421, in response to a petition filed on or before the
27  effective date of this act shall continue to be valid for the
28  duration of such declaratory statement. Any petition pending
29  on or before the effective date of this act shall be exempt
30  from the change to rule 62-340.450(3) and shall be subject to
31  the provisions of chapter 62-340, Florida Administrative Code,
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
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 1  in effect prior to such change. Activities proposed within the
 2  boundaries of a valid declaratory statement issued pursuant to
 3  a petition submitted to either the department or the relevant
 4  water management district on or before the effective date of
 5  this act, or are validated jurisdictional determination prior
 6  to its expiration, shall continue thereafter to be exempt from
 7  the change to rule 62-340.450(3).
 8         (4)  A permit application under this part for dredging
 9  and filling or other activity that is pending on or before the
10  effective date of this act is exempt from the change to rule
11  62-340.450(3).
12         (5)  Activities associated with mining operations as
13  defined by and subject to ss. 378.201-378.212 and
14  378.701-378.703 and included in a conceptual reclamation plan
15  or modification application submitted on or before the
16  effective date of this act is exempt from change to rule
17  62-340.450(3).
18         Section 5.  Subsection (5) is added to section 161.041,
19  Florida Statutes, to read:
20         161.041  Permits required.--
21         (5)  When the department denies an application for a
22  permit, the department shall provide written notice to the
23  applicant. The notice must include legal authority for the
24  denial of the permit and a citation to the applicable portions
25  of an ordinance, rule, or statute.
26         Section 6.  Subsection (2) of section 373.4141, Florida
27  Statutes, is amended to read:
28         373.4141  Permits; processing.--
29         (2)  A permit shall be approved or denied within 90
30  days after receipt of the original application, the last item
31  of timely requested additional material, or the applicant's
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 1  written request to begin processing the permit application.
 2  When the department or the district denies an application for
 3  a permit, the department or the district shall provide written
 4  notice to the applicant. The notice must include legal
 5  authority for the denial of the permit and a citation to the
 6  applicable portions of an ordinance, rule, or statute.
 7         Section 7.  Present subsection (9) of section 403.087,
 8  Florida Statutes, is redesignated as subsection (10), and a
 9  new subsection (9) is added to that section, to read:
10         403.087  Permits; general issuance; denial; revocation;
11  prohibition; penalty.--(9)  When the department denies an
12  application for a permit, the department shall provide written
13  notice to the applicant. The notice must include legal
14  authority for the denial of the permit and a citation to the
15  applicable portions of an ordinance, rule, or statute.
16         Section 8.  The Division of Statutory Revision is
17  directed to substitute the date on which this act takes effect
18  for the phrase "the effective date of this act" wherever it
19  occurs in provisions of s. 373.4212, Florida Statutes, as
20  amended by this act, when preparing that section for
21  publication in the next edition of the Florida Statutes.
22         Section 9.  This act shall take effect upon becoming a
23  law.
24  
25  
26  ================ T I T L E   A M E N D M E N T ===============
27  And the title is amended as follows:
28         Delete everything before the enacting clause
29  
30  and insert:  
31                      A bill to be entitled
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
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 1         An act relating to environmental permitting;
 2         amending s. 373.4132, F.S.; authorizing certain
 3         dry slip storage to be constructed under
 4         specified conditions; amending s. 373.414,
 5         F.S.; providing that certain lands added to a
 6         conceptual reclamation plan are exempt from
 7         specified rules; amending s. 373.4144, F.S.;
 8         providing legislative intent relating to
 9         seeking permits from the United States Army
10         Corps of Engineers; revising provisions
11         requiring the Department of Environmental
12         Protection to develop and consolidate federal
13         and state wetland permitting programs;
14         authorizing implementation of a state
15         programmatic general permit or regional general
16         permits by the department and water management
17         districts for certain dredge and fill
18         activities; specifying conditions applicable to
19         such permit or permits; creating s. 373.4212,
20         F.S.; ratifying changes to department rule
21         relating to facultative plants; postponing the
22         effect of the rule until state and federal
23         wetland delineation methodologies are aligned;
24         providing for permit modification under certain
25         circumstances; providing for certain
26         declaratory statements from the department;
27         providing exemptions for certain permit
28         petitions and applications relating to
29         specified activities; amending ss. 161.041,
30         373.4141, and 403.087, F.S.; requiring the
31         department and water management districts to
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 1         provide applicants with written notice of
 2         permit denial; providing criteria for such
 3         notice; providing a directive to the Division
 4         of Statutory Revision; providing an effective
 5         date.
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