CS/CS/HB 957

1
A bill to be entitled
2An act relating to environmental permitting; amending s.
3373.4132, F.S.; authorizing certain dry slip storage to be
4constructed under specified conditions; amending s.
5373.414, F.S.; providing that certain lands added to a
6conceptual reclamation plan are exempt from specified
7rules; providing that certain lands may not be removed
8from a conceptual reclamation plan area; amending s.
9373.4144, F.S.; providing legislative intent; revising
10provisions requiring the Department of Environmental
11Protection to develop and utilize a mechanism
12consolidating federal and state wetland permitting
13programs; authorizing implementation of a state
14programmatic general permit or regional general permits by
15the department and water management districts for certain
16dredge and fill activities; specifying conditions
17applicable to such permit or permits; amending s.
18373.4211, F.S.; revising the provisions concerning the
19methodologies used to delineate the landward extent of
20wetlands and surface waters; revising provisions
21concerning the vegetative index used to delineate the
22landward extent of wetlands and surface waters; providing
23for permit modification under certain circumstances;
24providing for certain declaratory statements from the
25department; providing exemptions for certain permit
26petitions and applications relating to specified
27activities; amending ss. 161.041, 373.4141, and 403.087,
28F.S.; requiring the department and water management
29districts to provide applicants with written notice of
30permit denial; providing criteria for such notice;  
31providing a directive to the Division of Statutory
32Revision; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 373.4132, Florida Statutes, is amended
37to read:
38     373.4132  Dry storage facility permitting.--The governing
39board or the department shall require a permit under this part,
40including s. 373.4145, for the construction, alteration,
41operation, maintenance, abandonment, or removal of a dry storage
42facility for 10 or more vessels that is functionally associated
43with a boat launching area; however, a development of regional
44impact for which a development order has been issued under
45chapter 380, before July 1, 1995, authorizing dry slip storage
46that has yet to be constructed, is entitled to the number of dry
47slips approved under the development order subject to the
48condition that no more than 15 percent of the watercraft from
49the dry slip storage may access the water each day. As part of
50an applicant's demonstration that such a facility will not be
51harmful to the water resources and will not be inconsistent with
52the overall objectives of the district, the governing board or
53department shall require the applicant to provide reasonable
54assurance that the secondary impacts from the facility will not
55cause adverse impacts to the functions of wetlands and surface
56waters, including violations of state water quality standards
57applicable to waters as defined in s. 403.031(13), and will meet
58the public interest test of s. 373.414(1)(a), including the
59potential adverse impacts to manatees. Nothing in This section
60does not shall affect the authority of the governing board or
61the department to regulate such secondary impacts under this
62part for other regulated activities.
63     Section 2.  Subsection (15) of section 373.414, Florida
64Statutes, is amended to read:
65     373.414  Additional criteria for activities in surface
66waters and wetlands.--
67     (15)  Activities associated with mining operations as
68defined by and subject to ss. 378.201-378.212 and 378.701-
69378.703 and included in a conceptual reclamation plan or
70modification application submitted prior to July 1, 1996, shall
71continue to be reviewed under the rules of the department
72adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
73Florida Statutes 1983, as amended, the rules of the water
74management districts under this part, and interagency
75agreements, in effect on January 1, 1993. Such activities are
76shall be exempt from rules adopted under pursuant to subsection
77(9) and the statewide methodology ratified under pursuant to s.
78373.4211. As of January 1, 1994, such activities may be issued
79permits authorizing construction for the life of the mine. Lands
80added to a conceptual reclamation plan subject to this
81subsection through a modification submitted after July 1, 1996,
82which are contiguous to the conceptual reclamation plan area are
83exempt from rules adopted under subsection (9) if the total
84acreage of the conceptual reclamation plan is not increased
85through the modification and the cumulative acreage added does
86not exceed 3 percent of the conceptual reclamation plan area.
87Lands that have been mined or disturbed by mining activities,
88lands subject to a conservation easement under which the grantee
89is a state or federal regulatory agency, and lands otherwise
90preserved as a part of a permitting review may not be removed
91from the conceptual reclamation plan area under this subsection.
92     Section 3.  Section 373.4144, Florida Statutes, is amended
93to 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
97of implementing regulatory duties and functions between the
98Department of Environmental Protection, the water management
99districts, the United States Army Corps of Engineers, the United
100States Fish and Wildlife Service, the National Marine Fisheries
101Service, the United States Environmental Protection Agency, the
102Fish and Wildlife Conservation Commission, and other relevant
103federal and state agencies.
104     (b)  Authorize the Department of Environmental Protection
105to obtain issuance by the United States Army Corps of Engineers,
106pursuant to state and federal law and as set forth in this
107section, of an expanded state programmatic general permit, or a
108series of regional general permits, for categories of activities
109in waters of the United States governed by the Clean Water Act
110and in navigable waters under the Rivers and Harbors Act of 1899
111that are similar in nature, that will cause only minimal adverse
112environmental effects when performed separately, and that will
113have only minimal cumulative adverse effects on the environment.
114     (c)  Utilize the mechanism of such a state general permit
115or such regional general permits to eliminate overlapping
116federal and state regulations that seek to protect the same
117resource and to avoid duplication of permitting between the
118United States Army Corps of Engineers and the department for
119minor work located in waters of the United States, including
120navigable waters, thus eliminating, in appropriate cases, the
121need for a separate individual approval from the United States
122Army Corps of Engineers while ensuring the most stringent
123protection of wetland resources.
124     (d)  Direct the department not to seek issuance of or take
125any action pursuant to any such permit or permits unless such
126conditions are at least as protective of the environment and
127natural resources as existing state law under this part and
128federal law under the Clean Water Act and the Rivers and Harbors
129Act of 1899.
130     (e)  Add slash pine and gallberry to the state list of
131facultative species as an incentive for and contingent upon the
132alignment of federal and state wetland jurisdictional
133delineation, so that the alignment, which seeks to delineate the
134same wetland communities, eliminates an impediment to obtaining
135authorization from the United States Army Corps of Engineers for
136a state programmatic general permit or regional general permits.
137The department shall report annually to the Legislature on
138efforts to eliminate impediments to achieving greater
139efficiencies through expansion of a state programmatic general
140permit or regional general permits. The department is directed
141to develop, on or before October 1, 2005, a mechanism or plan to
142consolidate, to the maximum extent practicable, the federal and
143state wetland permitting programs. It is the intent of the
144Legislature that all dredge and fill activities impacting 10
145acres or less of wetlands or waters, including navigable waters,
146be processed by the state as part of the environmental resource
147permitting program implemented by the department and the water
148management districts. The resulting mechanism or plan shall
149analyze and propose the development of an expanded state
150programmatic general permit program in conjunction with the
151United States Army Corps of Engineers pursuant to s. 404 of the
152Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
1531251 et seq., and s. 10 of the Rivers and Harbors Act of 1899.
154Alternatively, or in combination with an expanded state
155programmatic general permit, the mechanism or plan may propose
156the creation of a series of regional general permits issued by
157the United States Army Corps of Engineers pursuant to the
158referenced statutes. All of the regional general permits must be
159administered by the department or the water management districts
160or their designees.
161     (2)  In order to effectuate efficient wetland permitting
162and avoid duplication, the department and water management
163districts are authorized to implement a voluntary state
164programmatic general permit for all dredge and fill activities
165impacting 3 acres or less of wetlands or other surface waters,
166including navigable waters, subject to agreement with the United
167States Army Corps of Engineers, provided the general permit is
168at least as protective of the environment and natural resources
169as existing state law under this part and federal law under the
170Clean Water Act and the Rivers and Harbors Act of 1899. The
171department is directed to file with the Speaker of the House of
172Representatives and the President of the Senate a report
173proposing any required federal and state statutory changes that
174would be necessary to accomplish the directives listed in this
175section and to coordinate with the Florida Congressional
176Delegation on any necessary changes to federal law to implement
177the directives.
178     (3)  Nothing in this section shall be construed to preclude
179the department from pursuing a series of regional general
180permits for construction activities in wetlands or surface
181waters or complete assumption of federal permitting programs
182regulating the discharge of dredged or fill material pursuant to
183s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
18433 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
185Act of 1899, so long as the assumption encompasses all dredge
186and fill activities in, on, or over jurisdictional wetlands or
187waters, including navigable waters, within the state.
188     Section 4.  Subsection (19) of section 373.4211, Florida
189Statutes, is amended to read:
190     373.4211  Ratification of chapter 17-340, Florida
191Administrative Code, on the delineation of the landward extent
192of wetlands and surface waters.--Pursuant to s. 373.421, the
193Legislature ratifies chapter 17-340, Florida Administrative
194Code, approved on January 13, 1994, by the Environmental
195Regulation Commission, with the following changes:
196     (19)(a)  Rule 17-340.450(3) is amended by adding, after the
197species list, the following language:
198     "Within Monroe County and the Key Largo portion of Dade
199County only, the following species shall be listed as
200facultative: Alternanthera paronychioides, Byrsonima lucida,
201Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
202Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
203unquis-cati, Randia aculeata, Reynosia septentrionalis, and
204Thrinax radiata."
205     (b)  Pursuant to s. 373.421 and subject to the conditions
206described in this paragraph, the Legislature ratifies the
207changes to rule 62-340.450(3), Florida Administrative Code,
208approved on February 23, 2006, by the Environmental Regulation
209Commission that add slash pine (pinus elliotti) and gallberry
210(flex glabral) to the list of facultative plants. However, this
211ratification and the rule revision shall not take effect until
212state and federal wetland jurisdictional delineation
213methodologies are aligned.
214     (c)  Surface water and wetland delineations identified and
215approved by a permit issued under rules adopted under this part
216prior to the effective date of this act shall remain valid until
217expiration of such permit, notwithstanding the changes to rule
21862-340.450(3), Florida Administrative Code, as described in this
219subsection. For purposes of this paragraph, the term "identified
220and approved" means:
221     1.  The delineation was field verified by the permitting
222agency and such verification was surveyed as part of the
223application review process for the permit; or
224     2.  The delineation was field verified by the permitting
225agency and approved pursuant to the permit.
226
227Where surface water and wetland delineations were not identified
228and approved pursuant to the permit issued under rules adopted
229under this part, delineations within the geographical area to
230which such permit applies shall be determined pursuant to the
231rules applicable at the time the permit was issued,
232notwithstanding the changes to rule 62-340.450(3), Florida
233Administrative Code, as described in this subsection. This
234paragraph shall also apply to any modification of the permit
235issued under rules adopted pursuant to this part that does not
236constitute a substantial modification within the geographical
237area to which the permit applies.
238     (d)  Any declaratory statement issued by the department
239under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
240as amended, pursuant to rules adopted thereunder, or by the
241department or a water management district under s. 373.421, in
242response to a petition filed on or before the effective date of
243this act, shall continue to be valid for the duration of such
244declaratory statement. Any such petition pending on or before
245the effective date of this act shall be exempt from the changes
246to rule 62-340.450(3), Florida Administrative Code, as described
247in this subsection, and shall be subject to the provisions of
248chapter 62-340, Florida Administrative Code, in effect prior to
249such change. Activities proposed within the boundaries of a
250valid declaratory statement issued pursuant to a petition
251submitted to either the department or the relevant water
252management district on or before the effective date of this act,
253or a revalidated jurisdictional determination prior to its
254expiration, shall continue thereafter to be exempt from the
255changes to rule 62-340.450(3), Florida Administrative Code, as
256described in this subsection.
257     (e)  A permit application under this part for dredging and
258filling or other activity that is pending on or before the
259effective date of this act shall be exempt from the changes to
260rule 62-340.450(3), Florida Administrative Code, as described in
261this subsection.
262     (f)  Activities associated with mining operations as
263defined by and subject to ss. 378.201-378.212 and 378.701-
264378.703 and included in a conceptual reclamation plan or
265modification application submitted on or before the effective
266date of this act shall be exempt from changes to rule 62-
267340.450(3), Florida Administrative Code, as described in this
268subsection.
269     Section 5.  Subsection (5) is added to section 161.041,
270Florida Statutes, to read:
271     161.041  Permits required.--
272     (5)  When the department denies an application for a
273permit, the department shall provide written notice to the
274applicant. The notice shall include legal authority for the
275denial of the permit and a citation to the applicable portions
276of an ordinance, rule, or statute.
277     Section 6.  Subsection (2) of section 373.4141, Florida
278Statutes, is amended to read:
279     373.4141  Permits; processing.--
280     (2)  A permit shall be approved or denied within 90 days
281after receipt of the original application, the last item of
282timely requested additional material, or the applicant's written
283request to begin processing the permit application. When the
284department or the district denies an application for a permit,
285the department or the district shall provide written notice to
286the applicant. The notice shall include legal authority for the
287denial of the permit and a citation to the applicable portions
288of an ordinance, rule, or statute.
289     Section 7.  Subsection (2) of section 403.087, Florida
290Statutes, is amended to read:
291     403.087  Permits; general issuance; denial; revocation;
292prohibition; penalty.--
293     (2)  The department shall adopt, and may amend or repeal,
294rules for the issuance, denial, modification, and revocation of
295permits under this section. When the department denies an
296application for a permit, the department shall provide written
297notice to the applicant. The notice shall include legal
298authority for the denial of the permit and a citation to the
299applicable portions of an ordinance, rule, or statute.
300     Section 8.  The Division of Statutory Revision is directed
301to substitute the date on which this act takes effect for the
302phrase "the effective date of this act" wherever it occurs in
303provisions of s. 373.4211, Florida Statutes, as amended by this
304act, when preparing that section for publication in the next
305edition of the Florida Statutes.
306     Section 9.  This act shall take effect upon becoming a law.


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