| 1 | A bill to be entitled | 
| 2 | An act relating to environmental permitting; amending s.  | 
| 3 | 373.4132, F.S.; authorizing certain dry slip storage to be  | 
| 4 | constructed under specified conditions; amending s.  | 
| 5 | 373.414, F.S.; providing that certain lands added to a  | 
| 6 | conceptual reclamation plan are exempt from specified  | 
| 7 | rules; providing that certain lands may not be removed  | 
| 8 | from a conceptual reclamation plan area; amending s.  | 
| 9 | 373.4144, F.S.; providing legislative intent; revising  | 
| 10 | provisions requiring the Department of Environmental  | 
| 11 | Protection to develop and utilize a mechanism  | 
| 12 | consolidating federal and state wetland permitting  | 
| 13 | programs; authorizing implementation of a state  | 
| 14 | programmatic general permit or regional general permits by  | 
| 15 | the department and water management districts for certain  | 
| 16 | dredge and fill activities; specifying conditions  | 
| 17 | applicable to such permit or permits; amending s.  | 
| 18 | 373.4211, F.S.; revising the provisions concerning the  | 
| 19 | methodologies used to delineate the landward extent of  | 
| 20 | wetlands and surface waters; revising provisions  | 
| 21 | concerning the vegetative index used to delineate the  | 
| 22 | landward extent of wetlands and surface waters; providing  | 
| 23 | for permit modification under certain circumstances;  | 
| 24 | providing for certain declaratory statements from the  | 
| 25 | department; providing exemptions for certain permit  | 
| 26 | petitions and applications relating to specified  | 
| 27 | activities; amending ss. 161.041, 373.4141, and 403.087,  | 
| 28 | F.S.; requiring the department and water management  | 
| 29 | districts to provide applicants with written notice of  | 
| 30 | permit denial; providing criteria for such notice;   | 
| 31 | providing a directive to the Division of Statutory  | 
| 32 | Revision; providing an effective date. | 
| 33 | 
  | 
| 34 | Be It Enacted by the Legislature of the State of Florida: | 
| 35 | 
  | 
| 36 |      Section 1.  Section 373.4132, Florida Statutes, is amended  | 
| 37 | to read: | 
| 38 |      373.4132  Dry storage facility permitting.--The governing  | 
| 39 | board or the department shall require a permit under this part,  | 
| 40 | including s. 373.4145, for the construction, alteration,  | 
| 41 | operation, maintenance, abandonment, or removal of a dry storage  | 
| 42 | facility for 10 or more vessels that is functionally associated  | 
| 43 | with a boat launching area; however, a development of regional  | 
| 44 | impact for which a development order has been issued under  | 
| 45 | chapter 380, before July 1, 1995, authorizing dry slip storage  | 
| 46 | that has yet to be constructed, is entitled to the number of dry  | 
| 47 | slips approved under the development order subject to the  | 
| 48 | condition that no more than 15 percent of the watercraft from  | 
| 49 | the dry slip storage may access the water each day. As part of  | 
| 50 | an applicant's demonstration that such a facility will not be  | 
| 51 | harmful to the water resources and will not be inconsistent with  | 
| 52 | the overall objectives of the district, the governing board or  | 
| 53 | department shall require the applicant to provide reasonable  | 
| 54 | assurance that the secondary impacts from the facility will not  | 
| 55 | cause adverse impacts to the functions of wetlands and surface  | 
| 56 | waters, including violations of state water quality standards  | 
| 57 | applicable to waters as defined in s. 403.031(13), and will meet  | 
| 58 | the public interest test of s. 373.414(1)(a), including the  | 
| 59 | potential adverse impacts to manatees. Nothing in This section  | 
| 60 | does not shall affect the authority of the governing board or  | 
| 61 | the department to regulate such secondary impacts under this  | 
| 62 | part for other regulated activities. | 
| 63 |      Section 2.  Subsection (15) of section 373.414, Florida  | 
| 64 | Statutes, is amended to read: | 
| 65 |      373.414  Additional criteria for activities in surface  | 
| 66 | waters and wetlands.-- | 
| 67 |      (15)  Activities associated with mining operations as  | 
| 68 | defined by and subject to ss. 378.201-378.212 and 378.701- | 
| 69 | 378.703 and included in a conceptual reclamation plan or  | 
| 70 | modification application submitted prior to July 1, 1996, shall  | 
| 71 | continue to be reviewed under the rules of the department  | 
| 72 | adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the  | 
| 73 | Florida Statutes 1983, as amended, the rules of the water  | 
| 74 | management districts under this part, and interagency  | 
| 75 | agreements, in effect on January 1, 1993. Such activities are  | 
| 76 | shall be exempt from rules adopted under pursuant to subsection  | 
| 77 | (9) and the statewide methodology ratified under pursuant to s.  | 
| 78 | 373.4211. As of January 1, 1994, such activities may be issued  | 
| 79 | permits authorizing construction for the life of the mine. Lands  | 
| 80 | added to a conceptual reclamation plan subject to this  | 
| 81 | subsection through a modification submitted after July 1, 1996,  | 
| 82 | which are contiguous to the conceptual reclamation plan area are  | 
| 83 | exempt from rules adopted under subsection (9) if the total  | 
| 84 | acreage of the conceptual reclamation plan is not increased  | 
| 85 | through the modification and the cumulative acreage added does  | 
| 86 | not exceed 3 percent of the conceptual reclamation plan area.  | 
| 87 | Lands that have been mined or disturbed by mining activities,  | 
| 88 | lands subject to a conservation easement under which the grantee  | 
| 89 | is a state or federal regulatory agency, and lands otherwise  | 
| 90 | preserved as a part of a permitting review may not be removed  | 
| 91 | from the conceptual reclamation plan area under this subsection. | 
| 92 |      Section 3.  Section 373.4144, Florida Statutes, is amended  | 
| 93 | to read: | 
| 94 |      373.4144  Federal environmental permitting.-- | 
| 95 |      (1)  It is the intent of the Legislature to: | 
| 96 |      (a)  Facilitate coordination and a more efficient process  | 
| 97 | of implementing regulatory duties and functions between the  | 
| 98 | Department of Environmental Protection, the water management  | 
| 99 | districts, the United States Army Corps of Engineers, the United  | 
| 100 | States Fish and Wildlife Service, the National Marine Fisheries  | 
| 101 | Service, the United States Environmental Protection Agency, the  | 
| 102 | Fish and Wildlife Conservation Commission, and other relevant  | 
| 103 | federal and state agencies. | 
| 104 |      (b)  Authorize the Department of Environmental Protection  | 
| 105 | to obtain issuance by the United States Army Corps of Engineers,  | 
| 106 | pursuant to state and federal law and as set forth in this  | 
| 107 | section, of an expanded state programmatic general permit, or a  | 
| 108 | series of regional general permits, for categories of activities  | 
| 109 | in waters of the United States governed by the Clean Water Act  | 
| 110 | and in navigable waters under the Rivers and Harbors Act of 1899  | 
| 111 | that are similar in nature, that will cause only minimal adverse  | 
| 112 | environmental effects when performed separately, and that will  | 
| 113 | have only minimal cumulative adverse effects on the environment. | 
| 114 |      (c)  Utilize the mechanism of such a state general permit  | 
| 115 | or such regional general permits to eliminate overlapping  | 
| 116 | federal and state regulations that seek to protect the same  | 
| 117 | resource and to avoid duplication of permitting between the  | 
| 118 | United States Army Corps of Engineers and the department for  | 
| 119 | minor work located in waters of the United States, including  | 
| 120 | navigable waters, thus eliminating, in appropriate cases, the  | 
| 121 | need for a separate individual approval from the United States  | 
| 122 | Army Corps of Engineers while ensuring the most stringent  | 
| 123 | protection of wetland resources. | 
| 124 |      (d)  Direct the department not to seek issuance of or take  | 
| 125 | any action pursuant to any such permit or permits unless such  | 
| 126 | conditions are at least as protective of the environment and  | 
| 127 | natural resources as existing state law under this part and  | 
| 128 | federal law under the Clean Water Act and the Rivers and Harbors  | 
| 129 | Act of 1899. | 
| 130 |      (e)  Add slash pine and gallberry to the state list of  | 
| 131 | facultative species as an incentive for and contingent upon the  | 
| 132 | alignment of federal and state wetland jurisdictional  | 
| 133 | delineation, so that the alignment, which seeks to delineate the  | 
| 134 | same wetland communities, eliminates an impediment to obtaining  | 
| 135 | authorization from the United States Army Corps of Engineers for  | 
| 136 | a state programmatic general permit or regional general permits.  | 
| 137 | The department shall report annually to the Legislature on  | 
| 138 | efforts to eliminate impediments to achieving greater  | 
| 139 | efficiencies through expansion of a state programmatic general  | 
| 140 | permit or regional general permits. The department is directed  | 
| 141 | to develop, on or before October 1, 2005, a mechanism or plan to  | 
| 142 | consolidate, to the maximum extent practicable, the federal and  | 
| 143 | state wetland permitting programs. It is the intent of the  | 
| 144 | Legislature that all dredge and fill activities impacting 10  | 
| 145 | acres or less of wetlands or waters, including navigable waters,  | 
| 146 | be processed by the state as part of the environmental resource  | 
| 147 | permitting program implemented by the department and the water  | 
| 148 | management districts. The resulting mechanism or plan shall  | 
| 149 | analyze and propose the development of an expanded state  | 
| 150 | programmatic general permit program in conjunction with the  | 
| 151 | United States Army Corps of Engineers pursuant to s. 404 of the  | 
| 152 | Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.  | 
| 153 | 1251 et seq., and s. 10 of the Rivers and Harbors Act of 1899.  | 
| 154 | Alternatively, or in combination with an expanded state  | 
| 155 | programmatic general permit, the mechanism or plan may propose  | 
| 156 | the creation of a series of regional general permits issued by  | 
| 157 | the United States Army Corps of Engineers pursuant to the  | 
| 158 | referenced statutes. All of the regional general permits must be  | 
| 159 | administered by the department or the water management districts  | 
| 160 | or their designees. | 
| 161 |      (2)  In order to effectuate efficient wetland permitting  | 
| 162 | and avoid duplication, the department and water management  | 
| 163 | districts are authorized to implement a voluntary state  | 
| 164 | programmatic general permit for all dredge and fill activities  | 
| 165 | impacting 5 acres or less of wetlands or other surface waters,  | 
| 166 | including navigable waters, subject to agreement with the United  | 
| 167 | States Army Corps of Engineers, provided the general permit is  | 
| 168 | at least as protective of the environment and natural resources  | 
| 169 | as existing state law under this part and federal law under the  | 
| 170 | Clean Water Act and the Rivers and Harbors Act of 1899. The  | 
| 171 | department is directed to file with the Speaker of the House of  | 
| 172 | Representatives and the President of the Senate a report  | 
| 173 | proposing any required federal and state statutory changes that  | 
| 174 | would be necessary to accomplish the directives listed in this  | 
| 175 | section and to coordinate with the Florida Congressional  | 
| 176 | Delegation on any necessary changes to federal law to implement  | 
| 177 | the directives. | 
| 178 |      (3)  Nothing in this section shall be construed to preclude  | 
| 179 | the department from pursuing a series of regional general  | 
| 180 | permits for construction activities in wetlands or surface  | 
| 181 | waters or complete assumption of federal permitting programs  | 
| 182 | regulating the discharge of dredged or fill material pursuant to  | 
| 183 | s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,  | 
| 184 | 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors  | 
| 185 | Act of 1899, so long as the assumption encompasses all dredge  | 
| 186 | and fill activities in, on, or over jurisdictional wetlands or  | 
| 187 | waters, including navigable waters, within the state. | 
| 188 |      Section 4.  Subsection (19) of section 373.4211, Florida  | 
| 189 | Statutes, is amended to read: | 
| 190 |      373.4211  Ratification of chapter 17-340, Florida  | 
| 191 | Administrative Code, on the delineation of the landward extent  | 
| 192 | of wetlands and surface waters.--Pursuant to s. 373.421, the  | 
| 193 | Legislature ratifies chapter 17-340, Florida Administrative  | 
| 194 | Code, approved on January 13, 1994, by the Environmental  | 
| 195 | Regulation Commission, with the following changes: | 
| 196 |      (19)(a)  Rule 17-340.450(3) is amended by adding, after the  | 
| 197 | species list, the following language: | 
| 198 |      "Within Monroe County and the Key Largo portion of Dade  | 
| 199 | County only, the following species shall be listed as  | 
| 200 | facultative: Alternanthera paronychioides, Byrsonima lucida,  | 
| 201 | Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,  | 
| 202 | Pisonis rotundata, Pithecellobium keyensis, Pithecellobium  | 
| 203 | unquis-cati, Randia aculeata, Reynosia septentrionalis, and  | 
| 204 | Thrinax radiata." | 
| 205 |      (b)  Pursuant to s. 373.421 and subject to the conditions  | 
| 206 | described in this paragraph, the Legislature ratifies the  | 
| 207 | changes to rule 62-340.450(3), Florida Administrative Code,  | 
| 208 | approved on February 23, 2006, by the Environmental Regulation  | 
| 209 | Commission that add slash pine (pinus elliotti) and gallberry  | 
| 210 | (flex glabral) to the list of facultative plants. However, this  | 
| 211 | ratification and the rule revision shall not take effect until  | 
| 212 | state and federal wetland jurisdictional delineation  | 
| 213 | methodologies are aligned. | 
| 214 |      (c)  Surface water and wetland delineations identified and  | 
| 215 | approved by a permit issued under rules adopted under this part  | 
| 216 | prior to the effective date of this act shall remain valid until  | 
| 217 | expiration of such permit, notwithstanding the changes to rule  | 
| 218 | 62-340.450(3), Florida Administrative Code, as described in this  | 
| 219 | subsection. For purposes of this paragraph, the term "identified  | 
| 220 | and approved" means: | 
| 221 |      1.  The delineation was field verified by the permitting  | 
| 222 | agency and such verification was surveyed as part of the  | 
| 223 | application review process for the permit; or | 
| 224 |      2.  The delineation was field verified by the permitting  | 
| 225 | agency and approved pursuant to the permit. | 
| 226 | 
  | 
| 227 | Where surface water and wetland delineations were not identified  | 
| 228 | and approved pursuant to the permit issued under rules adopted  | 
| 229 | under this part, delineations within the geographical area to  | 
| 230 | which such permit applies shall be determined pursuant to the  | 
| 231 | rules applicable at the time the permit was issued,  | 
| 232 | notwithstanding the changes to rule 62-340.450(3), Florida  | 
| 233 | Administrative Code, as described in this subsection. This  | 
| 234 | paragraph shall also apply to any modification of the permit  | 
| 235 | issued under rules adopted pursuant to this part that does not  | 
| 236 | constitute a substantial modification within the geographical  | 
| 237 | area to which the permit applies. | 
| 238 |      (d)  Any declaratory statement issued by the department  | 
| 239 | under s. 403.914, 1984 Supplement to the Florida Statutes 1983,  | 
| 240 | as amended, pursuant to rules adopted thereunder, or by the  | 
| 241 | department or a water management district under s. 373.421, in  | 
| 242 | response to a petition filed on or before the effective date of  | 
| 243 | this act, shall continue to be valid for the duration of such  | 
| 244 | declaratory statement. Any such petition pending on or before  | 
| 245 | the effective date of this act shall be exempt from the changes  | 
| 246 | to rule 62-340.450(3), Florida Administrative Code, as described  | 
| 247 | in this subsection, and shall be subject to the provisions of  | 
| 248 | chapter 62-340, Florida Administrative Code, in effect prior to  | 
| 249 | such change. Activities proposed within the boundaries of a  | 
| 250 | valid declaratory statement issued pursuant to a petition  | 
| 251 | submitted to either the department or the relevant water  | 
| 252 | management district on or before the effective date of this act,  | 
| 253 | or a revalidated jurisdictional determination prior to its  | 
| 254 | expiration, shall continue thereafter to be exempt from the  | 
| 255 | changes to rule 62-340.450(3), Florida Administrative Code, as  | 
| 256 | described in this subsection. | 
| 257 |      (e)  A permit application under this part for dredging and  | 
| 258 | filling or other activity that is pending on or before the  | 
| 259 | effective date of this act shall be exempt from the changes to  | 
| 260 | rule 62-340.450(3), Florida Administrative Code, as described in  | 
| 261 | this subsection. | 
| 262 |      (f)  Activities associated with mining operations as  | 
| 263 | defined by and subject to ss. 378.201-378.212 and 378.701- | 
| 264 | 378.703 and included in a conceptual reclamation plan or  | 
| 265 | modification application submitted on or before the effective  | 
| 266 | date of this act shall be exempt from changes to rule 62- | 
| 267 | 340.450(3), Florida Administrative Code, as described in this  | 
| 268 | subsection. | 
| 269 |      Section 5.  Subsection (5) is added to section 161.041,  | 
| 270 | Florida Statutes, to read: | 
| 271 |      161.041  Permits required.-- | 
| 272 |      (5)  When the department denies an application for a  | 
| 273 | permit, the department shall provide written notice to the  | 
| 274 | applicant. The notice shall include legal authority for the  | 
| 275 | denial of the permit and a citation to the applicable portions  | 
| 276 | of an ordinance, rule, or statute. | 
| 277 |      Section 6.  Subsection (2) of section 373.4141, Florida  | 
| 278 | Statutes, is amended to read: | 
| 279 |      373.4141  Permits; processing.-- | 
| 280 |      (2)  A permit shall be approved or denied within 90 days  | 
| 281 | after receipt of the original application, the last item of  | 
| 282 | timely requested additional material, or the applicant's written  | 
| 283 | request to begin processing the permit application. When the  | 
| 284 | department or the district denies an application for a permit,  | 
| 285 | the department or the district shall provide written notice to  | 
| 286 | the applicant. The notice shall include legal authority for the  | 
| 287 | denial of the permit and a citation to the applicable portions  | 
| 288 | of an ordinance, rule, or statute. | 
| 289 |      Section 7.  Subsection (2) of section 403.087, Florida  | 
| 290 | Statutes, is amended to read: | 
| 291 |      403.087  Permits; general issuance; denial; revocation;  | 
| 292 | prohibition; penalty.-- | 
| 293 |      (2)  The department shall adopt, and may amend or repeal,  | 
| 294 | rules for the issuance, denial, modification, and revocation of  | 
| 295 | permits under this section. When the department denies an  | 
| 296 | application for a permit, the department shall provide written  | 
| 297 | notice to the applicant. The notice shall include legal  | 
| 298 | authority for the denial of the permit and a citation to the  | 
| 299 | applicable portions of an ordinance, rule, or statute. | 
| 300 |      Section 8.  The Division of Statutory Revision is directed  | 
| 301 | to substitute the date on which this act takes effect for the  | 
| 302 | phrase "the effective date of this act" wherever it occurs in  | 
| 303 | provisions of s. 373.4211, Florida Statutes, as amended by this  | 
| 304 | act, when preparing that section for publication in the next  | 
| 305 | edition of the Florida Statutes. | 
| 306 |      Section 9.  This act shall take effect upon becoming a law. |