HB 7143

1	A bill to be entitled
2	An act relating to regulatory reform; extending certain
3	construction, operating, and building permits and
4	development orders for a specified period of time;
5	providing exceptions; specifying retroactive applicability
6	for such extensions; providing requirements; providing
7	applicability; amending s. 120.569, F.S.; providing for
8	specified electronic notice of the procedure to obtain an
9	administrative hearing or judicial review; amending s.
10	120.60, F.S.; revising provisions relating to licensing
11	under the Administrative Procedure Act; providing for
12	objection to an agency's request for additional
13	information; requiring an agency to process a permit
14	application at the request of an applicant under certain
15	circumstances; amending s. 125.022, F.S.; prohibiting a
16	county from requiring an applicant to obtain certain
17	permits or approval as a condition for approval of a
18	development permit; creating s. 161.032, F.S.; requiring
19	the Department of Environmental Protection to request
20	additional information for coastal construction permit
21	applications within a specified period of time; providing
22	for the objection to such request by the applicant;
23	extending the period of time for applicants to provide
24	additional information to the department; providing for
25	the denial of an application under certain conditions;
26	amending s. 163.033, F.S.; prohibiting a municipality from
27	requiring an applicant to obtain certain permits or
28	approval as a condition for approval of a development
29	permit; amending s. 253.034, F.S.; providing for the
30	deposition of dredged materials on state-owned submerged
31	lands in certain circumstances and for certain purposes;
32	amending s. 258.42, F.S.; authorizing the placement of
33	roofs on specified docks; providing requirements;
34	providing an exemption from certain calculations; amending
35	s. 373.026, F.S.; directing the Department of
36	Environmental Protection to expand the use of Internet-
37	based self-certification services for certain exemptions
38	and general permits; directing the department and the
39	water management districts to identify and develop
40	professional certification for certain permitted
41	activities; amending ss. 373.079, 373.083, and 373.118,
42	F.S.; requiring a water management district's governing
43	board to delegate to the executive director its authority
44	to approve certain permits or grant variances or waivers
45	of permitting requirements; providing that such delegation
46	is not subject to certain rulemaking requirements;
47	prohibiting board members from intervening in application
48	review prior to referral for final action; amending s.
49	373.236, F.S.; authorizing water management districts to
50	issue 50-year consumptive use permits to specified
51	entities for certain alternative water supply development
52	projects; providing for compliance reporting and review,
53	modification, and revocation relating to such permits;
54	amending s. 373.406, F.S.; providing an exemption from
55	permitting requirements for construction of specified
56	public use facilities; creating s. 373.4061, F.S.;
57	providing for issuance of a general permit to counties to
58	construct, operate, alter, maintain, or remove systems for
59	the purposes of environmental restoration; specifying
60	requirements for such permits; requiring the water
61	management district or the department to provide counties
62	with certain written notification; providing that the
63	permit constitutes a letter of consent by the Board of
64	Trustees of the Internal Improvement Trust Fund to
65	complete certain activities; amending s. 373.4141, F.S.;
66	extending the period of time for applicants to provide
67	additional information for certain permit applications;
68	providing for the denial of an application under certain
69	conditions; amending s. 373.441, F.S.; restricting the
70	authority of the Department of Environmental Protection
71	and the water management districts to regulate certain
72	activities relating to local pollution control programs;
73	providing exceptions; creating s. 379.1051, F.S.;
74	prohibiting the regulation of wild animal life, fresh
75	water aquatic life, or marine fish by governmental
76	entities without the authorization of the Fish and
77	Wildlife Conservation Commission; amending s. 403.061,
78	F.S.; authorizing the department to adopt rules that
79	include special criteria for approval of construction and
80	operation of certain docking facilities; authorizing the
81	department to maintain a list of projects or activities
82	for applicants to consider when developing certain
83	proposals; authorizing the department to develop a project
84	management plan to implement an e-permitting program;
85	authorizing the department to expand online self-
86	certification for certain exemptions and general permits;
87	prohibiting local governments from specifying the method
88	or form of documentation by which a project meets
89	specified provisions; amending s. 403.813, F.S.;
90	clarifying provisions relating to permits issued at
91	district centers; authorizing the use of certain materials
92	and deviations for the replacement or repair of docks and
93	piers; amending s. 403.814, F.S.; directing the Department
94	of Environmental Protection to expand the use of Internet-
95	based self-certification services for certain exemptions
96	and general permits; requiring the department to submit a
97	report to the Legislature by a specified date; amending s.
98	403.973, F.S.; removing the authority of the Office of
99	Tourism, Trade, and Economic Development to approve
100	expedited permitting and comprehensive plan amendments and
101	providing such authority to the Secretary of Environmental
102	Protection; revising criteria for businesses submitting
103	permit applications or local comprehensive plan
104	amendments; providing that permit applications and local
105	comprehensive plan amendments for specified biofuel and
106	renewable energy projects are eligible for the expedited
107	permitting process; providing for the establishment of
108	regional permit action teams through the execution of
109	memoranda of agreement developed by permit applicants and
110	the secretary; providing for the appeal of a local
111	government's approval of an expedited permit or
112	comprehensive plan amendment and requiring such appeals to
113	be consolidated with challenges to state agency actions;
114	specifying the form of the memoranda of agreement
115	developed by the secretary; revising the time by which
116	certain final orders must be issued; providing additional
117	requirements for recommended orders; providing for
118	challenges to state agency action related to expedited
119	permitting for specified renewable energy projects;
120	revising provisions relating to the review of sites
121	proposed for the location of facilities eligible for the
122	Innovation Incentive Program; specifying expedited review
123	eligibility for certain electrical power projects;
124	amending ss. 14.2015, 288.0655, and 380.06, F.S.;
125	conforming cross-references; providing an effective date.
126
127	Be It Enacted by the Legislature of the State of Florida:
128
129	Section 1.  (1)  Except as provided in subsection (4), and
130	in recognition of 2009 real estate market conditions, any permit
131	issued by the Department of Community Affairs or any permit
132	issued by the Department of Environmental Protection or a water
133	management district pursuant to part IV of chapter 373, Florida
134	Statutes, that has an expiration date of September 1, 2008,
135	through September 1, 2011, is extended and renewed for a period
136	of 3 years following its date of expiration. This extension
137	includes any local government-issued development order or
138	building permit. This section shall not be construed to prohibit
139	conversion from the construction phase to the operation phase
140	upon completion of construction.
141	(2)  The completion date for any required mitigation
142	associated with a phased construction project shall be extended
143	so that mitigation takes place in the same timeframe relative to
144	the phase as originally permitted.
145	(3)  The holder of a valid permit or other authorization
146	that is eligible for the 3-year extension shall notify the
147	authorizing agency in writing no later than September 30, 2010,
148	identifying the specific authorization for which the holder
149	intends to use the extension.
150	(4)  The extensions provided for in subsection (1) do not
151	apply to:
152	(a)  A permit or other authorization under any programmatic
153	or regional general permit issued by the Army Corps of
154	Engineers.
155	(b)  A permit or other authorization held by an owner or
156	operator determined to be in significant noncompliance with the
157	conditions of the permit or authorization as established through
158	the issuance of a warning letter or notice of violation, the
159	initiation of formal enforcement, or other equivalent action by
160	the authorizing agency.
161	(5)  Permits extended under this section shall continue to
162	be governed by rules in effect at the time the permit was
163	issued. This provision shall apply to any modification of the
164	plans, terms, and conditions of the permit that lessens the
165	environmental impact, except that any such modification shall
166	not extend the time limit beyond 3 additional years.
167	Section 2.  Subsection (1) of section 120.569, Florida
168	Statutes, is amended to read:
169	120.569  Decisions which affect substantial interests.--
170	(1)  The provisions of this section apply in all
171	proceedings in which the substantial interests of a party are
172	determined by an agency, unless the parties are proceeding under
173	s. 120.573 or s. 120.574. Unless waived by all parties, s.
174	120.57(1) applies whenever the proceeding involves a disputed
175	issue of material fact. Unless otherwise agreed, s. 120.57(2)
176	applies in all other cases. If a disputed issue of material fact
177	arises during a proceeding under s. 120.57(2), then, unless
178	waived by all parties, the proceeding under s. 120.57(2) shall
179	be terminated and a proceeding under s. 120.57(1) shall be
180	conducted. Parties shall be notified of any order, including a
181	final order. Unless waived, a copy of the order shall be
182	delivered or mailed to each party or the party's attorney of
183	record at the address of record. Each notice shall inform the
184	recipient of any administrative hearing or judicial review that
185	is available under this section, s. 120.57, or s. 120.68; shall
186	indicate the procedure which must be followed to obtain the
187	hearing or judicial review; and shall state the time limits
188	which apply. Notwithstanding any other provision of law, notice
189	of the procedure to obtain an administrative hearing or judicial
190	review, including any items required by the uniform rules
191	adopted pursuant to s. 120.54(5), may be provided via a link to
192	a publicly available Internet site.
193	Section 3.  Subsection (1) of section 120.60, Florida
194	Statutes, is amended to read:
195	120.60  Licensing.--
196	(1)  Upon receipt of an application for a license, an
197	agency shall examine the application and, within 30 days after
198	such receipt, notify the applicant of any apparent errors or
199	omissions and request any additional information the agency is
200	permitted by law to require. If the applicant believes the
201	request for such additional information is not authorized by law
202	or agency rule, the agency, at the applicant's request, shall
203	proceed to process the permit application. An agency shall not
204	deny a license for failure to correct an error or omission or to
205	supply additional information unless the agency timely notified
206	the applicant within this 30-day period. An application shall be
207	considered complete upon receipt of all requested information
208	and correction of any error or omission for which the applicant
209	was timely notified or when the time for such notification has
210	expired. Every application for a license shall be approved or
211	denied within 90 days after receipt of a completed application
212	unless a shorter period of time for agency action is provided by
213	law. The 90-day time period shall be tolled by the initiation of
214	a proceeding under ss. 120.569 and 120.57. Any application for a
215	license that is not approved or denied within the 90-day or
216	shorter time period, within 15 days after conclusion of a public
217	hearing held on the application, or within 45 days after a
218	recommended order is submitted to the agency and the parties,
219	whichever action and timeframe is latest and applicable, is
220	considered approved unless the recommended order recommends that
221	the agency deny the license. Subject to the satisfactory
222	completion of an examination if required as a prerequisite to
223	licensure, any license that is considered approved shall be
224	issued and may include such reasonable conditions as are
225	authorized by law. Any applicant for licensure seeking to claim
226	licensure by default under this subsection shall notify the
227	agency clerk of the licensing agency, in writing, of the intent
228	to rely upon the default license provision of this subsection,
229	and shall not take any action based upon the default license
230	until after receipt of such notice by the agency clerk.
231	Section 4.  Section 125.022, Florida Statutes, is amended
232	to read:
233	125.022  Development permits.--When a county denies an
234	application for a development permit, the county shall give
235	written notice to the applicant. The notice must include a
236	citation to the applicable portions of an ordinance, rule,
237	statute, or other legal authority for the denial of the permit.
238	As used in this section, the term "development permit" has the
239	same meaning as in s. 163.3164. A county may not require as a
240	condition of approval for a development permit that an applicant
241	obtain a permit or approval from any other state or federal
242	agency. Issuance of a development permit by a county does not in
243	any way create any rights on the part of an applicant to obtain
244	a permit from another state or federal agency and does not
245	create any liability on the part of the county for issuance of
246	the permit in the event that an applicant fails to fulfill its
247	legal obligations to obtain requisite approvals or fulfill the
248	obligations imposed by other state or federal agencies. A county
249	may attach such a disclaimer to the issuance of development
250	permits. This section shall not be construed to prohibit a
251	county from providing information to an applicant regarding what
252	other state or federal permits may be applicable.
253	Section 5.  Section 161.032, Florida Statutes, is created
254	to read:
255	161.032  Application review; request for additional
256	information.--
257	(1)  Within 30 days after receipt of an application for a
258	permit under this part, the department shall review the
259	application and shall request submission of any additional
260	information the department is permitted by law to require. If
261	the applicant believes a request for additional information is
262	not authorized by law or rule, the applicant may request a
263	hearing pursuant to s. 120.57. Within 30 days after receipt of
264	such additional information, the department shall review such
265	additional information and may request only that information
266	needed to clarify such additional information or to answer new
267	questions raised by or directly related to such additional
268	information. If the applicant believes the request for such
269	additional information by the department is not authorized by
270	law or rule, the department, at the applicant's request, shall
271	proceed to process the permit application.
272	(2)  Notwithstanding the provisions of s. 120.60, an
273	applicant for a permit under this part shall have 90 days after
274	the date of a timely request for additional information to
275	submit such information. If an applicant requires more than 90
276	days to respond to a request for additional information, the
277	applicant must notify the agency processing the permit
278	application in writing of the circumstances, at which time the
279	application shall be held in active status for no more than one
280	additional period of up to 90 days. Such extensions may be
281	granted for good cause shown by the applicant. A showing that
282	the applicant is making a diligent effort to obtain the
283	requested additional information shall constitute good cause.
284	Failure of an applicant to provide the timely requested
285	information by the applicable deadline shall result in denial of
286	the application without prejudice.
287	Section 6.  Section 166.033, Florida Statutes, is amended
288	to read:
289	166.033  Development permits.--When a municipality denies
290	an application for a development permit, the municipality shall
291	give written notice to the applicant. The notice must include a
292	citation to the applicable portions of an ordinance, rule,
293	statute, or other legal authority for the denial of the permit.
294	As used in this section, the term "development permit" has the
295	same meaning as in s. 163.3164. A municipality may not require
296	as a condition of approval for a development permit that an
297	applicant obtain a permit or approval from any other state or
298	federal agency. Issuance of a development permit by a
299	municipality does not in any way create any right on the part of
300	an applicant to obtain a permit from another state or federal
301	agency and does not create any liability on the part of the
302	municipality for issuance of the permit in the event that an
303	applicant fails to fulfill its legal obligations to obtain
304	requisite approvals or fulfill the obligations imposed by other
305	state or federal agencies. A municipality may attach such a
306	disclaimer to the issuance of development permits. This section
307	shall not be construed to prohibit a municipality from providing
308	information to an applicant regarding what other state or
309	federal permits may be applicable.
310	Section 7.  Subsection (13) of section 253.034, Florida
311	Statutes, is amended to read:
312	253.034  State-owned lands; uses.--
313	(13)  The deposition of dredged material on state-owned
314	submerged lands for the purpose of restoring previously dredged
315	holes to natural conditions shall be conducted in such a manner
316	as to maximize environmental benefits. In such cases, the
317	dredged material shall be placed in the dredge hole at an
318	elevation consistent with the surrounding area to allow light
319	penetration so as to maximize propagation of native vegetation.
320	When available dredged material is of insufficient quantity to
321	raise the entire dredge hole to prior natural elevations, then
322	placement shall be limited to a portion of the dredge hole where
323	elevations can be restored to natural elevations Notwithstanding
324	the provisions of this section, funds from the sale of property
325	by the Department of Highway Safety and Motor Vehicles located
326	in Palm Beach County are authorized to be deposited into the
327	Highway Safety Operating Trust Fund to facilitate the exchange
328	as provided in the General Appropriations Act, provided that at
329	the conclusion of both exchanges the values are equalized. This
330	subsection expires July 1, 2009.
331	Section 8.  Paragraph (e) of subsection (3) of section
332	258.42, Florida Statutes, is amended to read:
333	258.42  Maintenance of preserves.--The Board of Trustees of
334	the Internal Improvement Trust Fund shall maintain such aquatic
335	preserves subject to the following provisions:
336	(3)
337	(e)  There shall be no erection of structures within the
338	preserve, except:
339	1.  Private residential docks may be approved for
340	reasonable ingress or egress of riparian owners. Slips located
341	at private residential single-family docks that contain boat
342	lifts or davits which do not float in the water when loaded may
343	be roofed, but may not be in whole or in part enclosed with
344	walls, provided that the roof shall not overhang more that 1-
345	foot beyond the footprint of the boat lift. Such roofs shall not
346	be considered to be part of the square-footage calculations of
347	the terminal platform.
348	2.  Private residential multislip docks may be approved if
349	located within a reasonable distance of a publicly maintained
350	navigation channel, or a natural channel of adequate depth and
351	width to allow operation of the watercraft for which the docking
352	facility is designed without the craft having an adverse impact
353	on marine resources. The distance shall be determined in
354	accordance with criteria established by the trustees by rule,
355	based on a consideration of the depth of the water, nature and
356	condition of bottom, and presence of manatees.
357	3.  Commercial docking facilities shown to be consistent
358	with the use or management criteria of the preserve may be
359	approved if the facilities are located within a reasonable
360	distance of a publicly maintained navigation channel, or a
361	natural channel of adequate depth and width to allow operation
362	of the watercraft for which the docking facility is designed
363	without the craft having an adverse impact on marine resources.
364	The distance shall be determined in accordance with criteria
365	established by the trustees by rule, based on a consideration of
366	the depth of the water, nature and condition of bottom, and
367	presence of manatees.
368	4.  Structures for shore protection, including restoration
369	of seawalls at their previous location or upland of or within 18
370	inches waterward of their previous location, approved
371	navigational aids, or public utility crossings authorized under
372	paragraph (a) may be approved.
373
374	No structure under this paragraph or chapter 253 shall be
375	prohibited solely because the local government fails to adopt a
376	marina plan or other policies dealing with the siting of such
377	structures in its local comprehensive plan.
378	Section 9.  Subsection (10) is added to section 373.026,
379	Florida Statutes, to read:
380	373.026  General powers and duties of the department.--The
381	department, or its successor agency, shall be responsible for
382	the administration of this chapter at the state level. However,
383	it is the policy of the state that, to the greatest extent
384	possible, the department may enter into interagency or
385	interlocal agreements with any other state agency, any water
386	management district, or any local government conducting programs
387	related to or materially affecting the water resources of the
388	state. All such agreements shall be subject to the provisions of
389	s. 373.046. In addition to its other powers and duties, the
390	department shall, to the greatest extent possible:
391	(10)  Expand the use of Internet-based self-certification
392	services for appropriate exemptions and general permits issued
393	by the department and the water management districts. In
394	addition to expanding the use of Internet-based self-
395	certification services for appropriate exemptions and general
396	permits, the department and water management districts shall
397	identify and develop general permits for activities currently
398	requiring individual review that could be expedited through the
399	use of professional certification.
400	Section 10.  Paragraph (a) of subsection (4) of section
401	373.079, Florida Statutes, is amended to read:
402	373.079  Members of governing board; oath of office;
403	staff.--
404	(4)(a)  The governing board of the district is authorized
405	to employ an executive director, ombudsman, and such engineers,
406	other professional persons, and other personnel and assistants
407	as it deems necessary and under such terms and conditions as it
408	may determine and to terminate such employment. The appointment
409	of an executive director by the governing board is subject to
410	approval by the Governor and must be initially confirmed by the
411	Florida Senate. The governing board may delegate all or part of
412	its authority under this paragraph to the executive director.
413	However, the governing board shall delegate all of its authority
414	to take final action on permit applications under part II or
415	part IV, or petitions for variances or waivers of permitting
416	requirements under part II or part IV, except as provided under
417	ss. 373.083(5) and 373.118(4). This delegation shall not be
418	subject to the rulemaking requirements of chapter 120. The
419	executive director must be confirmed by the Senate upon
420	employment and must be confirmed or reconfirmed by the Senate
421	during the second regular session of the Legislature following a
422	gubernatorial election.
423	Section 11.  Subsection (5) of section 373.083, Florida
424	Statutes, is amended to read:
425	373.083  General powers and duties of the governing
426	board.--In addition to other powers and duties allowed it by
427	law, the governing board is authorized to:
428	(5)  Execute any of the powers, duties, and functions
429	vested in the governing board through a member or members
430	thereof, the executive director, or other district staff as
431	designated by the governing board. The governing board may
432	establish the scope and terms of any delegation. However, if The
433	governing board shall delegate to the executive director
434	delegates the authority to take final action on permit
435	applications under part II or part IV, or petitions for
436	variances or waivers of permitting requirements under part II or
437	part IV, and such delegation shall not be subject to the
438	rulemaking requirements of chapter 120. However, the governing
439	board shall provide a process for referring any denial of such
440	application or petition to the governing board to take final
441	action. Such process shall expressly prohibit any member of a
442	governing board from intervening in the review of an application
443	prior to the application being referred to the governing board
444	to final action. The authority in this subsection is
445	supplemental to any other provision of this chapter granting
446	authority to the governing board to delegate specific powers,
447	duties, or functions.
448	Section 12.  Subsection (4) of section 373.118, Florida
449	Statutes, is amended to read:
450	373.118  General permits; delegation.--
451	(4)  To provide for greater efficiency, the governing board
452	shall may delegate by rule its powers and duties pertaining to
453	general permits to the executive director and such delegation
454	shall not be subject to the rulemaking requirements of chapter
455	120. The executive director may execute such delegated authority
456	through designated staff. However, when delegating the authority
457	to take final action on permit applications under part II or
458	part IV or petitions for variances or waivers of permitting
459	requirements under part II or part IV, the governing board shall
460	provide a process for referring any denial of such application
461	or petition to the governing board to take such final action.
462	Section 13.  Subsection (6) is added to section 373.236,
463	Florida Statutes, to read:
464	373.236  Duration of permits; compliance reports.--
465	(6)(a)  The Legislature finds that the need for alternative
466	water supply development projects to meet anticipated public
467	water supply demands of the state is such that it is essential
468	to encourage participation in and contribution to such projects
469	by private rural landowners who characteristically have
470	relatively modest near-term water demands but substantially
471	increasing demands after the 20-year planning period provided in
472	s. 373.0361. Therefore, where such landowners make extraordinary
473	contributions of lands or construction funding to enable the
474	expeditious implementation of such projects, water management
475	districts and the department are authorized to grant permits for
476	such projects for a period of up to 50 years to municipalities,
477	counties, special districts, regional water supply authorities,
478	multijurisdictional water supply entities, and publicly or
479	privately owned utilities created for or by the private
480	landowners on or before April 1, 2009, which have entered into
481	an agreement with the private landowner for the purposes of more
482	efficiently pursuing alternative public water supply development
483	projects identified in a district's regional water supply plan
484	and meeting water demands of both the applicant and the
485	landowner.
486	(b)  Any permit granted pursuant to paragraph (a) shall be
487	granted only for that period of time for which there is
488	sufficient data to provide reasonable assurance that the
489	conditions for permit issuance will be met. Such a permit shall
490	require a compliance report by the permittee every 5 years
491	during the term of the permit. The report shall contain
492	sufficient data to maintain reasonable assurance that the
493	conditions for permit issuance applicable at the time of
494	district review of the compliance report are met. Following
495	review of the report, the governing board or the department may
496	modify the permit to ensure that the use meets the conditions
497	for issuance. This subsection shall not limit the existing
498	authority of the department or the governing board to modify or
499	revoke a consumptive use permit.
500	Section 14.  Subsection (12) is added to section 373.406,
501	Florida Statutes, to read:
502	373.406  Exemptions.--The following exemptions shall apply:
503	(12)(a)  Construction of public use facilities in
504	accordance with Florida Communities Trust grant-approved
505	projects on county-owned natural lands. Such facilities may
506	include a parking lot, including an access road, not to exceed a
507	total size of 0.7 acres that is located entirely in uplands;
508	pile-supported boardwalks having a maximum width of 6 feet, with
509	exceptions for ADA compliance; and pile-supported observation
510	platforms, each of which shall not exceed 120 square feet in
511	size.
512	(b)  Fill shall not be placed in, on, or over wetlands or
513	other surface waters except pilings for boardwalks and
514	observation platforms, all of which structures located in, on,
515	or over wetlands and other surface waters shall be sited,
516	constructed, and elevated to minimize adverse impacts to native
517	vegetation and shall be limited to a combined over-water surface
518	area not to exceed 0.5 acres. All stormwater flow from roads,
519	parking areas, and trails shall sheet flow into uplands, and the
520	use of pervious pavement is encouraged.
521	Section 15.  Section 373.4061, Florida Statutes, is created
522	to read:
523	373.4061  Noticed general permit to counties for
524	environmental restoration activities.--
525	(1)  A general permit is granted to counties to construct,
526	operate, alter, maintain, or remove systems for the purposes of
527	environmental restoration or water quality improvements, subject
528	to the limitations and conditions of this section.
529	(2)  The following restoration activities are authorized by
530	this general permit:
531	(a)  Backfilling of existing agricultural or drainage
532	ditches for the sole purpose of restoring a more natural
533	hydroperiod to publicly owned lands, provided that adjacent
534	properties are not adversely affected;
535	(b)  Placement of riprap within 15 feet waterward of the
536	mean or ordinary high-water line for the purpose of preventing
537	or abating erosion of a predominantly natural shoreline,
538	provided that mangrove, seagrass, coral, sponge, and other
539	protected marine communities are not adversely affected;
540	(c)  Placement of riprap within 10 feet waterward of an
541	existing seawall or bulkhead and backfilling of the area between
542	the riprap and seawall or bulkhead with clean fill for the sole
543	purpose of planting mangroves and Spartina sp., provided that
544	seagrass, coral, sponge, and other protected marine communities
545	are not adversely affected;
546	(d)  Scrape down of spoil islands to an intertidal
547	elevation or a lower elevation at which light penetration is
548	expected to allow for seagrass recruitment;
549	(e)  Backfilling of existing dredge holes that are at least
550	5 feet deeper than surrounding natural grades to an intertidal
551	elevation if doing so provides a regional net environmental
552	benefit or, at a minimum, to an elevation at which light
553	penetration is expected to allow for seagrass recruitment, with
554	no more than minimum displacement of highly organic sediments;
555	and
556	(f)  Placement of rock riprap or clean concrete in existing
557	dredge holes that are at least 5 feet deeper than surrounding
558	natural grades, provided that placed rock or concrete does not
559	protrude above surrounding natural grades.
560	(3)  In order to qualify for this general permit, the
561	activity must comply with the following:
562	(a)  The project must be included in a management plan that
563	has been the subject of at least one public workshop;
564	(b)  The county commission must conduct at least one public
565	hearing within 1 year before project initiation;
566	(c)  The project may not be considered as mitigation for
567	any other project;
568	(d)  Activities in tidal waters are limited to those
569	waterbodies given priority restoration status pursuant to s.
570	373.453(1)(c); and
571	(e)  Prior to submittal of a notice to use this general
572	permit, the county shall conduct at least one preapplication
573	meeting with appropriate district or department staff to discuss
574	project designs, implementation details, resource concerns, and
575	conditions for meeting applicable state water quality standards.
576	(4)  This general permit shall be subject to the following
577	specific conditions:
578	(a)  A project under this general permit shall not
579	significantly impede navigation or unreasonably infringe upon
580	the riparian rights of others. When a court of competent
581	jurisdiction determines that riparian rights have been
582	unlawfully affected, the structure or activity shall be modified
583	in accordance with the court's decision;
584	(b)  All erodible surfaces, including intertidal slopes
585	shall be revegetated with appropriate native plantings within 72
586	hours after completion of construction;
587	(c)  Riprap material shall be clean limestone, granite, or
588	other native rock 1 foot to 3 feet in diameter;
589	(d)  Fill material used to backfill dredge holes or seawall
590	planter areas shall be local, native material legally removed
591	from nearby submerged lands or shall be material brought to the
592	site, either of which shall comply with the standard of not more
593	than 10 percent of the material passing through a #200 standard
594	sieve and containing no more than 10 percent organic content,
595	and is free of contaminants that will cause violations of state
596	water quality standards;
597	(e)  Turbidity shall be monitored and controlled at all
598	times such that turbidity immediately outside the project area
599	complies with rules 62-302 and 62-4.242, Florida Administrative
600	Code;
601	(f)  Equipment, barges, and staging areas shall not be
602	stored or operated over seagrass, coral, sponge, or other
603	protected marine communities;
604	(g)  Structures shall be maintained in a functional
605	condition and shall be repaired or removed if they become
606	dilapidated to such an extent that they are no longer
607	functional. This shall not be construed to prohibit the repair
608	or replacement subject to the provisions of rule 18-21.005,
609	Florida Administrative Code within 1 year after a structure is
610	damaged in a discrete event such as a storm, flood, accident, or
611	fire;
612	(h)  All work under this general permit shall be conducted
613	in conformance with the general conditions of rule 62-341.215,
614	Florida Administrative Code;
615	(i)  Construction, use, or operation of the structure or
616	activity shall not adversely affect any species that is
617	endangered, threatened or of special concern, as listed in rules
618	68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
619	Code; and
620	(j)  The activity may not adversely impact vessels or
621	structures of archaeological or historical value relating to the
622	history, government, and culture of the state which are defined
623	as historic properties in s. 267.021(3).
624	(5)  The district or department, as applicable, shall
625	provide written notification as to whether the proposed activity
626	qualifies for the general permit within 30 days after receipt of
627	written notice of a county's intent to use the general permit.
628	If the district or department notifies the county that the
629	system does not qualify for a noticed general permit due to an
630	error or omission in the original notice to the district or the
631	department, the county shall have 30 days from the date of the
632	notification to amend the notice to use the general permit and
633	submit such additional information to correct such error or
634	omission.
635	(6)  This general permit constitutes a letter of consent by
636	the Board of Trustees of the Internal Improvement Trust Fund
637	under chapters 253 and 258, where applicable, and chapters 18-
638	18, 18-20, and 18-21, Florida Administrative Code, where
639	applicable, for the county to enter upon and use state-owned
640	submerged lands to the extent necessary to complete the
641	activities. Activities conducted under this general permit do
642	not divest the state from the continued ownership of lands that
643	were state-owned, sovereign submerged lands prior to any use,
644	construction, or implementation of this general permit.
645	Section 16.  Subsection (2) of section 373.4141, Florida
646	Statutes, is amended to read:
647	373.4141  Permits; processing.--
648	(2)  Notwithstanding the provisions of s. 120.60, an
649	applicant for a permit under this part shall have 90 days after
650	the date of a timely request for additional information to
651	submit such information. If an applicant requires more than 120
652	days to respond to a request for additional information, the
653	applicant must notify the agency processing the permit
654	application in writing of the circumstances, at which time the
655	application shall be held in active status for no more than one
656	additional period of up to 90 days. Such extensions may be
657	granted for good cause shown by the applicant. A showing that
658	the applicant is making a diligent effort to obtain the
659	requested additional information shall constitute good cause.
660	Failure of an applicant to provide the timely requested
661	information by the applicable deadline shall result in denial of
662	the application without prejudice A permit shall be approved or
663	denied within 90 days after receipt of the original application,
664	the last item of timely requested additional material, or the
665	applicant's written request to begin processing the permit
666	application.
667	Section 17.  Subsection (4) is added to section 373.441,
668	Florida Statutes, to read:
669	373.441  Role of counties, municipalities, and local
670	pollution control programs in permit processing.--
671	(4)  Upon delegation to a qualified local government, the
672	department and water management district shall not regulate the
673	activities subject to the delegation within that jurisdiction
674	unless regulation is required pursuant to the terms of the
675	delegation agreement.
676	Section 18.  Section 379.1051, Florida Statutes, is created
677	to read:
678	379.1051  Regulation by local governments.--The intent of
679	this section is to eliminate conflicts between the Fish and
680	Wildlife Conservation Commission and state agencies or local
681	governments relating to the regulation of wild animal life,
682	fresh water aquatic life, and marine fish. The Legislature
683	recognizes that s. 9, Art. IV of the State Constitution grants
684	the commission exclusive constitutional authority and
685	responsibility to exercise regulatory and executive powers of
686	the state with respect to wild animal life, fresh water aquatic
687	life, and marine fish. A state agency or other unit of
688	government may not adopt or implement regulations or ordinances
689	regulating the take, as defined by the commission, of wild
690	animal life, fresh water aquatic life, or marine fish unless
691	specifically authorized by the commission. Nor may any state
692	agency or other unit of local government impose any requirement
693	that has the effect of creating additional restrictions or
694	limitations upon activities conforming with commission rules,
695	management plans, guidelines, permits, or other authorizations.
696	Nothing in this section shall affect any voluntary agreement
697	between a landowner and any state agency or other unit of
698	government or limit the authority of local government as
699	otherwise provided by law.
700	Section 19.  Subsection (29) of section 403.061, Florida
701	Statutes, is amended, subsection (40) is renumbered as section
702	(43), and new subsections (40), (41), and (42) are added to that
703	section, to read:
704	403.061  Department; powers and duties.--The department
705	shall have the power and the duty to control and prohibit
706	pollution of air and water in accordance with the law and rules
707	adopted and promulgated by it and, for this purpose, to:
708	(29)  Adopt by rule special criteria to protect Class II
709	shellfish harvesting waters. Rules previously adopted by the
710	department in rule 17-4.28(8)(a), Florida Administrative Code,
711	are hereby ratified and determined to be a valid exercise of
712	delegated legislative authority and shall remain in effect
713	unless amended by the Environmental Regulation Commission. Such
714	rules may include special criteria for approval of docking
715	facilities with 10 or fewer slips where construction and
716	operation of such facilities will not result in the closure of
717	shellfish waters.
718	(40)  Maintain a list of projects or activities, including
719	mitigation banks, that applicants may consider when developing
720	proposals to meet the mitigation or public interest requirements
721	of this chapter, chapter 253, or chapter 373. The contents of
722	such a list are not a rule as defined in chapter 120, and
723	listing a specific project or activity does not imply approval
724	by the department for such project or activity. Each county
725	government is encouraged to develop an inventory of projects or
726	activities for inclusion on the list by obtaining input from
727	local stakeholder groups in the public, private, and nonprofit
728	sectors, including local governments, port authorities, marine
729	contractors, other representatives of the marine construction
730	industry, environmental or conservation organizations, and other
731	interested parties. A county may establish dedicated funds for
732	depositing public interest donations into a reserve for future
733	public interest projects, including improving on-water law
734	enforcement.
735	(41)  Develop a project management plan to implement an e-
736	permitting program that allows for timely submission and
737	exchange of permit application and compliance information that
738	yields positive benefits in support of the department's mission,
739	permit applicants, permitholders, and the public. The plan shall
740	include an implementation timetable, estimated costs, and
741	transaction fees. The department shall submit the plan to the
742	President of the Senate, the Speaker of the House of
743	Representatives, and the Legislative Committee on
744	Intergovernmental Relations by January 15, 2010.
745	(42)  Expand the use of online self-certification for
746	appropriate exemptions and general permits issued by the
747	department and the water management districts. Notwithstanding
748	any other provision of law, a local government is prohibited
749	from specifying the method or form of documentation that a
750	project meets the provisions for authorization under chapter
751	161, chapter 253, chapter 373, or chapter 403. This shall
752	include Internet-based programs of the department or water
753	management district that provide for self-certification.
754
755	The department shall implement such programs in conjunction with
756	its other powers and duties and shall place special emphasis on
757	reducing and eliminating contamination that presents a threat to
758	humans, animals or plants, or to the environment.
759	Section 20.  Subsections (1) and (2) of section 403.813,
760	Florida Statutes, as amended by section 52 of chapter 2009-21,
761	Laws of Florida, are amended to read:
762	403.813  Permits issued at district centers; exceptions.--
763	(1)  A permit is not required under this chapter, chapter
764	373, chapter 61-691, Laws of Florida, or chapter 25214 or
765	chapter 25270, 1949, Laws of Florida, for activities associated
766	with the following types of projects; however, except as
767	otherwise provided in this subsection, nothing in this
768	subsection does not relieve relieves an applicant from any
769	requirement to obtain permission to use or occupy lands owned by
770	the Board of Trustees of the Internal Improvement Trust Fund or
771	any water management district in its governmental or proprietary
772	capacity or from complying with applicable local pollution
773	control programs authorized under this chapter or other
774	requirements of county and municipal governments:
775	(a)  The installation of overhead transmission lines, with
776	support structures which are not constructed in waters of the
777	state and which do not create a navigational hazard.
778	(b)  The installation and repair of mooring pilings and
779	dolphins associated with private docking facilities or piers and
780	the installation of private docks, piers and recreational
781	docking facilities, or piers and recreational docking facilities
782	of local governmental entities when the local governmental
783	entity's activities will not take place in any manatee habitat,
784	any of which docks:
785	1.  Has 500 square feet or less of over-water surface area
786	for a dock which is located in an area designated as Outstanding
787	Florida Waters or 1,000 square feet or less of over-water
788	surface area for a dock which is located in an area which is not
789	designated as Outstanding Florida Waters;
790	2.  Is constructed on or held in place by pilings or is a
791	floating dock which is constructed so as not to involve filling
792	or dredging other than that necessary to install the pilings;
793	3.  Shall not substantially impede the flow of water or
794	create a navigational hazard;
795	4.  Is used for recreational, noncommercial activities
796	associated with the mooring or storage of boats and boat
797	paraphernalia; and
798	5.  Is the sole dock constructed pursuant to this exemption
799	as measured along the shoreline for a distance of 65 feet,
800	unless the parcel of land or individual lot as platted is less
801	than 65 feet in length along the shoreline, in which case there
802	may be one exempt dock allowed per parcel or lot.
803
804	Nothing in this paragraph shall prohibit the department from
805	taking appropriate enforcement action pursuant to this chapter
806	to abate or prohibit any activity otherwise exempt from
807	permitting pursuant to this paragraph if the department can
808	demonstrate that the exempted activity has caused water
809	pollution in violation of this chapter.
810	(c)  The installation and maintenance to design
811	specifications of boat ramps on artificial bodies of water where
812	navigational access to the proposed ramp exists or the
813	installation of boat ramps open to the public in any waters of
814	the state where navigational access to the proposed ramp exists
815	and where the construction of the proposed ramp will be less
816	than 30 feet wide and will involve the removal of less than 25
817	cubic yards of material from the waters of the state, and the
818	maintenance to design specifications of such ramps; however, the
819	material to be removed shall be placed upon a self-contained
820	upland site so as to prevent the escape of the spoil material
821	into the waters of the state.
822	(d)  The replacement or repair of existing docks and piers,
823	except that no fill material is to be used and provided that the
824	replacement or repaired dock or pier is in the same location and
825	of the same configuration and dimensions as the dock or pier
826	being replaced or repaired. This does not preclude the use of
827	different construction materials or minor deviations to allow
828	upgrades to current structural and design standards.
829	(e)  The restoration of seawalls at their previous
830	locations or upland of, or within 1 foot waterward of, their
831	previous locations. However, this shall not affect the
832	permitting requirements of chapter 161, and department rules
833	shall clearly indicate that this exception does not constitute
834	an exception from the permitting requirements of chapter 161.
835	(f)  The performance of maintenance dredging of existing
836	manmade canals, channels, intake and discharge structures, and
837	previously dredged portions of natural water bodies within
838	drainage rights-of-way or drainage easements which have been
839	recorded in the public records of the county, where the spoil
840	material is to be removed and deposited on a self-contained,
841	upland spoil site which will prevent the escape of the spoil
842	material into the waters of the state, provided that no more
843	dredging is to be performed than is necessary to restore the
844	canals, channels, and intake and discharge structures, and
845	previously dredged portions of natural water bodies, to original
846	design specifications or configurations, provided that the work
847	is conducted in compliance with s. 379.2431(2)(d), provided that
848	no significant impacts occur to previously undisturbed natural
849	areas, and provided that control devices for return flow and
850	best management practices for erosion and sediment control are
851	utilized to prevent bank erosion and scouring and to prevent
852	turbidity, dredged material, and toxic or deleterious substances
853	from discharging into adjacent waters during maintenance
854	dredging. Further, for maintenance dredging of previously
855	dredged portions of natural water bodies within recorded
856	drainage rights-of-way or drainage easements, an entity that
857	seeks an exemption must notify the department or water
858	management district, as applicable, at least 30 days prior to
859	dredging and provide documentation of original design
860	specifications or configurations where such exist. This
861	exemption applies to all canals and previously dredged portions
862	of natural water bodies within recorded drainage rights-of-way
863	or drainage easements constructed prior to April 3, 1970, and to
864	those canals and previously dredged portions of natural water
865	bodies constructed on or after April 3, 1970, pursuant to all
866	necessary state permits. This exemption does not apply to the
867	removal of a natural or manmade barrier separating a canal or
868	canal system from adjacent waters. When no previous permit has
869	been issued by the Board of Trustees of the Internal Improvement
870	Trust Fund or the United States Army Corps of Engineers for
871	construction or maintenance dredging of the existing manmade
872	canal or intake or discharge structure, such maintenance
873	dredging shall be limited to a depth of no more than 5 feet
874	below mean low water. The Board of Trustees of the Internal
875	Improvement Trust Fund may fix and recover from the permittee an
876	amount equal to the difference between the fair market value and
877	the actual cost of the maintenance dredging for material removed
878	during such maintenance dredging. However, no charge shall be
879	exacted by the state for material removed during such
880	maintenance dredging by a public port authority. The removing
881	party may subsequently sell such material; however, proceeds
882	from such sale that exceed the costs of maintenance dredging
883	shall be remitted to the state and deposited in the Internal
884	Improvement Trust Fund.
885	(g)  The maintenance of existing insect control structures,
886	dikes, and irrigation and drainage ditches, provided that spoil
887	material is deposited on a self-contained, upland spoil site
888	which will prevent the escape of the spoil material into waters
889	of the state. In the case of insect control structures, if the
890	cost of using a self-contained upland spoil site is so
891	excessive, as determined by the Department of Health, pursuant
892	to s. 403.088(1), that it will inhibit proposed insect control,
893	then-existing spoil sites or dikes may be used, upon
894	notification to the department. In the case of insect control
895	where upland spoil sites are not used pursuant to this
896	exemption, turbidity control devices shall be used to confine
897	the spoil material discharge to that area previously disturbed
898	when the receiving body of water is used as a potable water
899	supply, is designated as shellfish harvesting waters, or
900	functions as a habitat for commercially or recreationally
901	important shellfish or finfish. In all cases, no more dredging
902	is to be performed than is necessary to restore the dike or
903	irrigation or drainage ditch to its original design
904	specifications.
905	(h)  The repair or replacement of existing functional pipes
906	or culverts the purpose of which is the discharge or conveyance
907	of stormwater. In all cases, the invert elevation, the diameter,
908	and the length of the culvert shall not be changed. However, the
909	material used for the culvert may be different from the
910	original.
911	(i)  The construction of private docks of 1,000 square feet
912	or less of over-water surface area and seawalls in artificially
913	created waterways where such construction will not violate
914	existing water quality standards, impede navigation, or affect
915	flood control. This exemption does not apply to the construction
916	of vertical seawalls in estuaries or lagoons unless the proposed
917	construction is within an existing manmade canal where the
918	shoreline is currently occupied in whole or part by vertical
919	seawalls.
920	(j)  The construction and maintenance of swales.
921	(k)  The installation of aids to navigation and buoys
922	associated with such aids, provided the devices are marked
923	pursuant to s. 327.40.
924	(l)  The replacement or repair of existing open-trestle
925	foot bridges and vehicular bridges that are 100 feet or less in
926	length and two lanes or less in width, provided that no more
927	dredging or filling of submerged lands is performed other than
928	that which is necessary to replace or repair pilings and that
929	the structure to be replaced or repaired is the same length, the
930	same configuration, and in the same location as the original
931	bridge. No debris from the original bridge shall be allowed to
932	remain in the waters of the state.
933	(m)  The installation of subaqueous transmission and
934	distribution lines laid on, or embedded in, the bottoms of
935	waters in the state, except in Class I and Class II waters and
936	aquatic preserves, provided no dredging or filling is necessary.
937	(n)  The replacement or repair of subaqueous transmission
938	and distribution lines laid on, or embedded in, the bottoms of
939	waters of the state.
940	(o)  The construction of private seawalls in wetlands or
941	other surface waters where such construction is between and
942	adjoins at both ends existing seawalls; follows a continuous and
943	uniform seawall construction line with the existing seawalls; is
944	no more than 150 feet in length; and does not violate existing
945	water quality standards, impede navigation, or affect flood
946	control. However, in estuaries and lagoons the construction of
947	vertical seawalls is limited to the circumstances and purposes
948	stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
949	the permitting requirements of chapter 161, and department rules
950	must clearly indicate that this exception does not constitute an
951	exception from the permitting requirements of chapter 161.
952	(p)  The restoration of existing insect control impoundment
953	dikes which are less than 100 feet in length. Such impoundments
954	shall be connected to tidally influenced waters for 6 months
955	each year beginning September 1 and ending February 28 if
956	feasible or operated in accordance with an impoundment
957	management plan approved by the department. A dike restoration
958	may involve no more dredging than is necessary to restore the
959	dike to its original design specifications. For the purposes of
960	this paragraph, restoration does not include maintenance of
961	impoundment dikes of operating insect control impoundments.
962	(q)  The construction, operation, or maintenance of
963	stormwater management facilities which are designed to serve
964	single-family residential projects, including duplexes,
965	triplexes, and quadruplexes, if they are less than 10 acres
966	total land and have less than 2 acres of impervious surface and
967	if the facilities:
968	1.  Comply with all regulations or ordinances applicable to
969	stormwater management and adopted by a city or county;
970	2.  Are not part of a larger common plan of development or
971	sale; and
972	3.  Discharge into a stormwater discharge facility exempted
973	or permitted by the department under this chapter which has
974	sufficient capacity and treatment capability as specified in
975	this chapter and is owned, maintained, or operated by a city,
976	county, special district with drainage responsibility, or water
977	management district; however, this exemption does not authorize
978	discharge to a facility without the facility owner's prior
979	written consent.
980	(r)  The removal of aquatic plants, the removal of
981	tussocks, the associated replanting of indigenous aquatic
982	plants, and the associated removal from lakes of organic
983	detrital material when such planting or removal is performed and
984	authorized by permit or exemption granted under s. 369.20 or s.
985	369.25, provided that:
986	1.  Organic detrital material that exists on the surface of
987	natural mineral substrate shall be allowed to be removed to a
988	depth of 3 feet or to the natural mineral substrate, whichever
989	is less;
990	2.  All material removed pursuant to this paragraph shall
991	be deposited in an upland site in a manner that will prevent the
992	reintroduction of the material into waters in the state except
993	when spoil material is permitted to be used to create wildlife
994	islands in freshwater bodies of the state when a governmental
995	entity is permitted pursuant to s. 369.20 to create such islands
996	as a part of a restoration or enhancement project;
997	3.  All activities are performed in a manner consistent
998	with state water quality standards; and
999	4.  No activities under this exemption are conducted in
1000	wetland areas, as defined by s. 373.019(25), which are supported
1001	by a natural soil as shown in applicable United States
1002	Department of Agriculture county soil surveys, except when a
1003	governmental entity is permitted pursuant to s. 369.20 to
1004	conduct such activities as a part of a restoration or
1005	enhancement project.
1006
1007	The department may not adopt implementing rules for this
1008	paragraph, notwithstanding any other provision of law.
1009	(s)  The construction, installation, operation, or
1010	maintenance of floating vessel platforms or floating boat lifts,
1011	provided that such structures:
1012	1.  Float at all times in the water for the sole purpose of
1013	supporting a vessel so that the vessel is out of the water when
1014	not in use;
1015	2.  Are wholly contained within a boat slip previously
1016	permitted under ss. 403.91-403.929, 1984 Supplement to the
1017	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1018	do not exceed a combined total of 500 square feet, or 200 square
1019	feet in an Outstanding Florida Water, when associated with a
1020	dock that is exempt under this subsection or associated with a
1021	permitted dock with no defined boat slip or attached to a
1022	bulkhead on a parcel of land where there is no other docking
1023	structure;
1024	3.  Are not used for any commercial purpose or for mooring
1025	vessels that remain in the water when not in use, and do not
1026	substantially impede the flow of water, create a navigational
1027	hazard, or unreasonably infringe upon the riparian rights of
1028	adjacent property owners, as defined in s. 253.141;
1029	4.  Are constructed and used so as to minimize adverse
1030	impacts to submerged lands, wetlands, shellfish areas, aquatic
1031	plant and animal species, and other biological communities,
1032	including locating such structures in areas where seagrasses are
1033	least dense adjacent to the dock or bulkhead; and
1034	5.  Are not constructed in areas specifically prohibited
1035	for boat mooring under conditions of a permit issued in
1036	accordance with ss. 403.91-403.929, 1984 Supplement to the
1037	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1038	other form of authorization issued by a local government.
1039
1040	Structures that qualify for this exemption are relieved from any
1041	requirement to obtain permission to use or occupy lands owned by
1042	the Board of Trustees of the Internal Improvement Trust Fund
1043	and, with the exception of those structures attached to a
1044	bulkhead on a parcel of land where there is no docking
1045	structure, shall not be subject to any more stringent permitting
1046	requirements, registration requirements, or other regulation by
1047	any local government. Local governments may require either
1048	permitting or one-time registration of floating vessel platforms
1049	to be attached to a bulkhead on a parcel of land where there is
1050	no other docking structure as necessary to ensure compliance
1051	with local ordinances, codes, or regulations. Local governments
1052	may require either permitting or one-time registration of all
1053	other floating vessel platforms as necessary to ensure
1054	compliance with the exemption criteria in this section; to
1055	ensure compliance with local ordinances, codes, or regulations
1056	relating to building or zoning, which are no more stringent than
1057	the exemption criteria in this section or address subjects other
1058	than subjects addressed by the exemption criteria in this
1059	section; and to ensure proper installation, maintenance, and
1060	precautionary or evacuation action following a tropical storm or
1061	hurricane watch of a floating vessel platform or floating boat
1062	lift that is proposed to be attached to a bulkhead or parcel of
1063	land where there is no other docking structure. The exemption
1064	provided in this paragraph shall be in addition to the exemption
1065	provided in paragraph (b). The department shall adopt a general
1066	permit by rule for the construction, installation, operation, or
1067	maintenance of those floating vessel platforms or floating boat
1068	lifts that do not qualify for the exemption provided in this
1069	paragraph but do not cause significant adverse impacts to occur
1070	individually or cumulatively. The issuance of such general
1071	permit shall also constitute permission to use or occupy lands
1072	owned by the Board of Trustees of the Internal Improvement Trust
1073	Fund. No local government shall impose a more stringent
1074	regulation, permitting requirement, registration requirement, or
1075	other regulation covered by such general permit. Local
1076	governments may require either permitting or one-time
1077	registration of floating vessel platforms as necessary to ensure
1078	compliance with the general permit in this section; to ensure
1079	compliance with local ordinances, codes, or regulations relating
1080	to building or zoning that are no more stringent than the
1081	general permit in this section; and to ensure proper
1082	installation and maintenance of a floating vessel platform or
1083	floating boat lift that is proposed to be attached to a bulkhead
1084	or parcel of land where there is no other docking structure.
1085	(t)  The repair, stabilization, or paving of existing
1086	county maintained roads and the repair or replacement of bridges
1087	that are part of the roadway, within the Northwest Florida Water
1088	Management District and the Suwannee River Water Management
1089	District, provided:
1090	1.  The road and associated bridge were in existence and in
1091	use as a public road or bridge, and were maintained by the
1092	county as a public road or bridge on or before January 1, 2002;
1093	2.  The construction activity does not realign the road or
1094	expand the number of existing traffic lanes of the existing
1095	road; however, the work may include the provision of safety
1096	shoulders, clearance of vegetation, and other work reasonably
1097	necessary to repair, stabilize, pave, or repave the road,
1098	provided that the work is constructed by generally accepted
1099	engineering standards;
1100	3.  The construction activity does not expand the existing
1101	width of an existing vehicular bridge in excess of that
1102	reasonably necessary to properly connect the bridge with the
1103	road being repaired, stabilized, paved, or repaved to safely
1104	accommodate the traffic expected on the road, which may include
1105	expanding the width of the bridge to match the existing
1106	connected road. However, no debris from the original bridge
1107	shall be allowed to remain in waters of the state, including
1108	wetlands;
1109	4.  Best management practices for erosion control shall be
1110	employed as necessary to prevent water quality violations;
1111	5.  Roadside swales or other effective means of stormwater
1112	treatment must be incorporated as part of the project;
1113	6.  No more dredging or filling of wetlands or water of the
1114	state is performed than that which is reasonably necessary to
1115	repair, stabilize, pave, or repave the road or to repair or
1116	replace the bridge, in accordance with generally accepted
1117	engineering standards; and
1118	7.  Notice of intent to use the exemption is provided to
1119	the department, if the work is to be performed within the
1120	Northwest Florida Water Management District, or to the Suwannee
1121	River Water Management District, if the work is to be performed
1122	within the Suwannee River Water Management District, 30 days
1123	prior to performing any work under the exemption.
1124
1125	Within 30 days after this act becomes a law, the department
1126	shall initiate rulemaking to adopt a no fee general permit for
1127	the repair, stabilization, or paving of existing roads that are
1128	maintained by the county and the repair or replacement of
1129	bridges that are part of the roadway where such activities do
1130	not cause significant adverse impacts to occur individually or
1131	cumulatively. The general permit shall apply statewide and, with
1132	no additional rulemaking required, apply to qualified projects
1133	reviewed by the Suwannee River Water Management District, the
1134	St. Johns River Water Management District, the Southwest Florida
1135	Water Management District, and the South Florida Water
1136	Management District under the division of responsibilities
1137	contained in the operating agreements applicable to part IV of
1138	chapter 373. Upon adoption, this general permit shall, pursuant
1139	to the provisions of subsection (2), supersede and replace the
1140	exemption in this paragraph.
1141	(u)  Notwithstanding any provision to the contrary in this
1142	subsection, a permit or other authorization under chapter 253,
1143	chapter 369, chapter 373, or this chapter is not required for an
1144	individual residential property owner for the removal of organic
1145	detrital material from freshwater rivers or lakes that have a
1146	natural sand or rocky substrate and that are not Aquatic
1147	Preserves or for the associated removal and replanting of
1148	aquatic vegetation for the purpose of environmental enhancement,
1149	providing that:
1150	1.  No activities under this exemption are conducted in
1151	wetland areas, as defined by s. 373.019(25), which are supported
1152	by a natural soil as shown in applicable United States
1153	Department of Agriculture county soil surveys.
1154	2.  No filling or peat mining is allowed.
1155	3.  No removal of native wetland trees, including, but not
1156	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
1157	4.  When removing organic detrital material, no portion of
1158	the underlying natural mineral substrate or rocky substrate is
1159	removed.
1160	5.  Organic detrital material and plant material removed is
1161	deposited in an upland site in a manner that will not cause
1162	water quality violations.
1163	6.  All activities are conducted in such a manner, and with
1164	appropriate turbidity controls, so as to prevent any water
1165	quality violations outside the immediate work area.
1166	7.  Replanting with a variety of aquatic plants native to
1167	the state shall occur in a minimum of 25 percent of the
1168	preexisting vegetated areas where organic detrital material is
1169	removed, except for areas where the material is removed to bare
1170	rocky substrate; however, an area may be maintained clear of
1171	vegetation as an access corridor. The access corridor width may
1172	not exceed 50 percent of the property owner's frontage or 50
1173	feet, whichever is less, and may be a sufficient length
1174	waterward to create a corridor to allow access for a boat or
1175	swimmer to reach open water. Replanting must be at a minimum
1176	density of 2 feet on center and be completed within 90 days
1177	after removal of existing aquatic vegetation, except that under
1178	dewatered conditions replanting must be completed within 90 days
1179	after reflooding. The area to be replanted must extend waterward
1180	from the ordinary high water line to a point where normal water
1181	depth would be 3 feet or the preexisting vegetation line,
1182	whichever is less. Individuals are required to make a reasonable
1183	effort to maintain planting density for a period of 6 months
1184	after replanting is complete, and the plants, including
1185	naturally recruited native aquatic plants, must be allowed to
1186	expand and fill in the revegetation area. Native aquatic plants
1187	to be used for revegetation must be salvaged from the
1188	enhancement project site or obtained from an aquatic plant
1189	nursery regulated by the Department of Agriculture and Consumer
1190	Services. Plants that are not native to the state may not be
1191	used for replanting.
1192	8.  No activity occurs any farther than 100 feet waterward
1193	of the ordinary high water line, and all activities must be
1194	designed and conducted in a manner that will not unreasonably
1195	restrict or infringe upon the riparian rights of adjacent upland
1196	riparian owners.
1197	9.  The person seeking this exemption notifies the
1198	applicable department district office in writing at least 30
1199	days before commencing work and allows the department to conduct
1200	a preconstruction site inspection. Notice must include an
1201	organic-detrital-material removal and disposal plan and, if
1202	applicable, a vegetation-removal and revegetation plan.
1203	10.  The department is provided written certification of
1204	compliance with the terms and conditions of this paragraph
1205	within 30 days after completion of any activity occurring under
1206	this exemption.
1207	(2)  The provisions of subsection (1) are superseded by
1208	general permits established pursuant to ss. 373.118 and 403.814
1209	which include the same activities. Until such time as general
1210	permits are established, or if should general permits are be
1211	suspended or repealed, the exemptions under subsection (1) shall
1212	remain or shall be reestablished in full force and effect.
1213	Section 21.  Subsection (12) is added to section 403.814,
1214	Florida Statutes, to read:
1215	403.814  General permits; delegation.--
1216	(12)  The department shall expand the use of Internet-based
1217	self-certification services for appropriate exemptions and
1218	general permits issued by the department and water management
1219	districts. In addition, the department shall identify and
1220	develop general permits for activities currently requiring
1221	individual review which could be expedited through the use of
1222	professional certifications. The department shall submit a
1223	report on progress of these efforts to the President of the
1224	Senate and the Speaker of the House of Representatives by
1225	January 15, 2010.
1226	Section 22.  Section 403.973, Florida Statutes, is amended
1227	to read:
1228	403.973  Expedited permitting; comprehensive plan
1229	amendments.--
1230	(1)  It is the intent of the Legislature to encourage and
1231	facilitate the location and expansion of those types of economic
1232	development projects which offer job creation and high wages,
1233	strengthen and diversify the state's economy, and have been
1234	thoughtfully planned to take into consideration the protection
1235	of the state's environment. It is also the intent of the
1236	Legislature to provide for an expedited permitting and
1237	comprehensive plan amendment process for such projects.
1238	(2)  As used in this section, the term:
1239	(a)  "Duly noticed" means publication in a newspaper of
1240	general circulation in the municipality or county with
1241	jurisdiction. The notice shall appear on at least 2 separate
1242	days, one of which shall be at least 7 days before the meeting.
1243	The notice shall state the date, time, and place of the meeting
1244	scheduled to discuss or enact the memorandum of agreement, and
1245	the places within the municipality or county where such proposed
1246	memorandum of agreement may be inspected by the public. The
1247	notice must be one-eighth of a page in size and must be
1248	published in a portion of the paper other than the legal notices
1249	section. The notice shall also advise that interested parties
1250	may appear at the meeting and be heard with respect to the
1251	memorandum of agreement.
1252	(b)  "Jobs" means permanent, full-time equivalent positions
1253	not including construction jobs.
1254	(c)  "Office" means the Office of Tourism, Trade, and
1255	Economic Development.
1256	(c)(d)  "Permit applications" means state permits and
1257	licenses, and at the option of a participating local government,
1258	local development permits or orders.
1259	(d)  "Secretary" means the Secretary of Environmental
1260	Protection or his or her designee.
1261	(3)(a)  The secretary Governor, through the office, shall
1262	direct the creation of regional permit action teams, for the
1263	purpose of expediting review of permit applications and local
1264	comprehensive plan amendments submitted by:
1265	1.  Businesses creating at least 50 100 jobs, or
1266	2.  Businesses creating at least 25 50 jobs if the project
1267	is located in an enterprise zone, or in a county having a
1268	population of less than 75,000 or in a county having a
1269	population of less than 100,000 which is contiguous to a county
1270	having a population of less than 75,000, as determined by the
1271	most recent decennial census, residing in incorporated and
1272	unincorporated areas of the county, or
1273	(b)  On a case-by-case basis and at the request of a county
1274	or municipal government, the secretary office may certify as
1275	eligible for expedited review a project not meeting the minimum
1276	job creation thresholds but creating a minimum of 10 jobs. The
1277	recommendation from the governing body of the county or
1278	municipality in which the project may be located is required in
1279	order for the secretary office to certify that any project is
1280	eligible for expedited review under this paragraph. When
1281	considering projects that do not meet the minimum job creation
1282	thresholds but that are recommended by the governing body in
1283	which the project may be located, the secretary office shall
1284	consider economic impact factors that include, but are not
1285	limited to:
1286	1.  The proposed wage and skill levels relative to those
1287	existing in the area in which the project may be located;
1288	2.  The project's potential to diversify and strengthen the
1289	area's economy;
1290	3.  The amount of capital investment; and
1291	4.  The number of jobs that will be made available for
1292	persons served by the welfare transition program.
1293	(c)  At the request of a county or municipal government,
1294	the secretary office or a Quick Permitting County may certify
1295	projects located in counties where the ratio of new jobs per
1296	participant in the welfare transition program, as determined by
1297	Workforce Florida, Inc., is less than one or otherwise critical,
1298	as eligible for the expedited permitting process. Such projects
1299	must meet the numerical job creation criteria of this
1300	subsection, but the jobs created by the project do not have to
1301	be high-wage jobs that diversify the state's economy.
1302	(d)  Projects located in a designated brownfield area are
1303	eligible for the expedited permitting process.
1304	(e)  Projects that are part of the state-of-the-art
1305	biomedical research institution and campus to be established in
1306	this state by the grantee under s. 288.955 are eligible for the
1307	expedited permitting process, if the projects are designated as
1308	part of the institution or campus by the board of county
1309	commissioners of the county in which the institution and campus
1310	are established.
1311	(f)  Projects that result in the production of biofuels
1312	cultivated on lands that are 1,000 acres or more or the
1313	construction of a biofuel or biodiesel processing facility or a
1314	facility generating renewable energy as defined in s.
1315	366.91(2)(d) are eligible for the expedited permitting process.
1316	(4)  The regional teams shall be established through the
1317	execution of memoranda of agreement developed by the applicant
1318	and between the secretary, with input solicited from office and
1319	the respective heads of the Department of Environmental
1320	Protection, the Department of Community Affairs, the Department
1321	of Transportation and its district offices, the Department of
1322	Agriculture and Consumer Services, the Fish and Wildlife
1323	Conservation Commission, appropriate regional planning councils,
1324	appropriate water management districts, and voluntarily
1325	participating municipalities and counties. The memoranda of
1326	agreement should also accommodate participation in this
1327	expedited process by other local governments and federal
1328	agencies as circumstances warrant.
1329	(5)  In order to facilitate local government's option to
1330	participate in this expedited review process, the secretary
1331	office shall, in cooperation with local governments and
1332	participating state agencies, create a standard form memorandum
1333	of agreement. A local government shall hold a duly noticed
1334	public workshop to review and explain to the public the
1335	expedited permitting process and the terms and conditions of the
1336	standard form memorandum of agreement.
1337	(6)  The local government shall hold a duly noticed public
1338	hearing to execute a memorandum of agreement for each qualified
1339	project. Notwithstanding any other provision of law, and at the
1340	option of the local government, the workshop provided for in
1341	subsection (5) may be conducted on the same date as the public
1342	hearing held under this subsection. The memorandum of agreement
1343	that a local government signs shall include a provision
1344	identifying necessary local government procedures and time
1345	limits that will be modified to allow for the local government
1346	decision on the project within 90 days. The memorandum of
1347	agreement applies to projects, on a case-by-case basis, that
1348	qualify for special review and approval as specified in this
1349	section. The memorandum of agreement must make it clear that
1350	this expedited permitting and review process does not modify,
1351	qualify, or otherwise alter existing local government
1352	nonprocedural standards for permit applications, unless
1353	expressly authorized by law.
1354	(7)  At the option of the participating local government,
1355	Appeals of local government approvals its final approval for a
1356	project shall may be pursuant to the summary hearing provisions
1357	of s. 120.574, pursuant to subsection (14), and be consolidated
1358	with the challenge of any applicable state agency actions or
1359	pursuant to other appellate processes available to the local
1360	government. The local government's decision to enter into a
1361	summary hearing must be made as provided in s. 120.574 or in the
1362	memorandum of agreement.
1363	(8)  Each memorandum of agreement shall include a process
1364	for final agency action on permit applications and local
1365	comprehensive plan amendment approvals within 90 days after
1366	receipt of a completed application, unless the applicant agrees
1367	to a longer time period or the secretary office determines that
1368	unforeseen or uncontrollable circumstances preclude final agency
1369	action within the 90-day timeframe. Permit applications governed
1370	by federally delegated or approved permitting programs whose
1371	requirements would prohibit or be inconsistent with the 90-day
1372	timeframe are exempt from this provision, but must be processed
1373	by the agency with federally delegated or approved program
1374	responsibility as expeditiously as possible.
1375	(9)  The secretary office shall inform the Legislature by
1376	October 1 of each year which agencies have not entered into or
1377	implemented an agreement and identify any barriers to achieving
1378	success of the program.
1379	(10)  The memoranda of agreement may provide for the waiver
1380	or modification of procedural rules prescribing forms, fees,
1381	procedures, or time limits for the review or processing of
1382	permit applications under the jurisdiction of those agencies
1383	that are party to the memoranda of agreement. Notwithstanding
1384	any other provision of law to the contrary, a memorandum of
1385	agreement must to the extent feasible provide for proceedings
1386	and hearings otherwise held separately by the parties to the
1387	memorandum of agreement to be combined into one proceeding or
1388	held jointly and at one location. Such waivers or modifications
1389	shall not be available for permit applications governed by
1390	federally delegated or approved permitting programs, the
1391	requirements of which would prohibit, or be inconsistent with,
1392	such a waiver or modification.
1393	(11)  The standard form memoranda of agreement shall
1394	include guidelines to be used in working with state, regional,
1395	and local permitting authorities. Guidelines may include, but
1396	are not limited to, the following:
1397	(a)  A central contact point for filing permit applications
1398	and local comprehensive plan amendments and for obtaining
1399	information on permit and local comprehensive plan amendment
1400	requirements;
1401	(b)  Identification of the individual or individuals within
1402	each respective agency who will be responsible for processing
1403	the expedited permit application or local comprehensive plan
1404	amendment for that agency;
1405	(c)  A mandatory preapplication review process to reduce
1406	permitting conflicts by providing guidance to applicants
1407	regarding the permits needed from each agency and governmental
1408	entity, site planning and development, site suitability and
1409	limitations, facility design, and steps the applicant can take
1410	to ensure expeditious permit application and local comprehensive
1411	plan amendment review. As a part of this process, the first
1412	interagency meeting to discuss a project shall be held within 14
1413	days after the secretary's office's determination that the
1414	project is eligible for expedited review. Subsequent interagency
1415	meetings may be scheduled to accommodate the needs of
1416	participating local governments that are unable to meet public
1417	notice requirements for executing a memorandum of agreement
1418	within this timeframe. This accommodation may not exceed 45 days
1419	from the secretary's office's determination that the project is
1420	eligible for expedited review;
1421	(d)  The preparation of a single coordinated project
1422	description form and checklist and an agreement by state and
1423	regional agencies to reduce the burden on an applicant to
1424	provide duplicate information to multiple agencies;
1425	(e)  Establishment of a process for the adoption and review
1426	of any comprehensive plan amendment needed by any certified
1427	project within 90 days after the submission of an application
1428	for a comprehensive plan amendment. However, the memorandum of
1429	agreement may not prevent affected persons as defined in s.
1430	163.3184 from appealing or participating in this expedited plan
1431	amendment process and any review or appeals of decisions made
1432	under this paragraph; and
1433	(f)  Additional incentives for an applicant who proposes a
1434	project that provides a net ecosystem benefit.
1435	(12)  The applicant, the regional permit action team, and
1436	participating local governments may agree to incorporate into a
1437	single document the permits, licenses, and approvals that are
1438	obtained through the expedited permit process. This consolidated
1439	permit is subject to the summary hearing provisions set forth in
1440	subsection (14).
1441	(13)  Notwithstanding any other provisions of law:
1442	(a)  Local comprehensive plan amendments for projects
1443	qualified under this section are exempt from the twice-a-year
1444	limits provision in s. 163.3187; and
1445	(b)  Projects qualified under this section are not subject
1446	to interstate highway level-of-service standards adopted by the
1447	Department of Transportation for concurrency purposes. The
1448	memorandum of agreement specified in subsection (5) must include
1449	a process by which the applicant will be assessed a fair share
1450	of the cost of mitigating the project's significant traffic
1451	impacts, as defined in chapter 380 and related rules. The
1452	agreement must also specify whether the significant traffic
1453	impacts on the interstate system will be mitigated through the
1454	implementation of a project or payment of funds to the
1455	Department of Transportation. Where funds are paid, the
1456	Department of Transportation must include in the 5-year work
1457	program transportation projects or project phases, in an amount
1458	equal to the funds received, to mitigate the traffic impacts
1459	associated with the proposed project.
1460	(14)(a)  Challenges to state agency action in the expedited
1461	permitting process for projects processed under this section are
1462	subject to the summary hearing provisions of s. 120.574, except
1463	that the administrative law judge's decision, as provided in s.
1464	120.574(2)(f), shall be in the form of a recommended order and
1465	shall not constitute the final action of the state agency. In
1466	those proceedings where the action of only one agency of the
1467	state other than the Department of Environmental Protection is
1468	challenged, the agency of the state shall issue the final order
1469	within 45 10 working days after of receipt of the administrative
1470	law judge's recommended order. The recommended order shall
1471	inform the parties of the right to file exceptions to the
1472	recommended order and to file responses thereto in accordance
1473	with the Uniform Rules of Procedure. In those proceedings where
1474	the actions of more than one agency of the state are challenged,
1475	the Governor shall issue the final order, except for the
1476	issuance of department licenses required under any federally
1477	delegated or approved permit program for which the department
1478	shall enter the final order, within 45 10 working days after of
1479	receipt of the administrative law judge's recommended order. The
1480	recommended order shall inform the parties of the right to file
1481	exceptions to the recommended order and to file responses
1482	thereto in accordance with the Uniform Rules of Procedure. The
1483	participating agencies of the state may opt at the preliminary
1484	hearing conference to allow the administrative law judge's
1485	decision to constitute the final agency action. If a
1486	participating local government agrees to participate in the
1487	summary hearing provisions of s. 120.574 for purposes of review
1488	of local government comprehensive plan amendments, s.
1489	163.3184(9) and (10) apply.
1490	(b)  Challenges to state agency action in the expedited
1491	permitting process for establishment of a state-of-the-art
1492	biomedical research institution and campus in this state by the
1493	grantee under s. 288.955 or projects identified in paragraph
1494	(3)(f) are subject to the same requirements as challenges
1495	brought under paragraph (a), except that, notwithstanding s.
1496	120.574, summary proceedings must be conducted within 30 days
1497	after a party files the motion for summary hearing, regardless
1498	of whether the parties agree to the summary proceeding.
1499	(15)  The secretary office, working with the agencies
1500	providing cooperative assistance and input to participating in
1501	the memoranda of agreement, shall review sites proposed for the
1502	location of facilities eligible for the Innovation Incentive
1503	Program under s. 288.1089. Within 20 days after the request for
1504	the review by the secretary office, the agencies shall provide
1505	to the secretary office a statement as to each site's necessary
1506	permits under local, state, and federal law and an
1507	identification of significant permitting issues, which if
1508	unresolved, may result in the denial of an agency permit or
1509	approval or any significant delay caused by the permitting
1510	process.
1511	(16)  This expedited permitting process shall not modify,
1512	qualify, or otherwise alter existing agency nonprocedural
1513	standards for permit applications or local comprehensive plan
1514	amendments, unless expressly authorized by law. If it is
1515	determined that the applicant is not eligible to use this
1516	process, the applicant may apply for permitting of the project
1517	through the normal permitting processes.
1518	(17)  The secretary office shall be responsible for
1519	certifying a business as eligible for undergoing expedited
1520	review under this section. Enterprise Florida, Inc., a county or
1521	municipal government, or the Rural Economic Development
1522	Initiative may recommend to the secretary Office of Tourism,
1523	Trade, and Economic Development that a project meeting the
1524	minimum job creation threshold undergo expedited review.
1525	(18)  The secretary office, working with the Rural Economic
1526	Development Initiative and the agencies participating in the
1527	memoranda of agreement, shall provide technical assistance in
1528	preparing permit applications and local comprehensive plan
1529	amendments for counties having a population of less than 75,000
1530	residents, or counties having fewer than 100,000 residents which
1531	are contiguous to counties having fewer than 75,000 residents.
1532	Additional assistance may include, but not be limited to,
1533	guidance in land development regulations and permitting
1534	processes, working cooperatively with state, regional, and local
1535	entities to identify areas within these counties which may be
1536	suitable or adaptable for preclearance review of specified types
1537	of land uses and other activities requiring permits.
1538	(19)  The following projects are ineligible for review
1539	under this part:
1540	(a)  A project funded and operated by a local government,
1541	as defined in s. 377.709, and located within that government's
1542	jurisdiction.
1543	(b)  A project, the primary purpose of which is to:
1544	1.  Effect the final disposal of solid waste, biomedical
1545	waste, or hazardous waste in this state.
1546	2.  Produce electrical power, unless the production of
1547	electricity is incidental and not the primary function of the
1548	project or the electrical power is derived from a fuel source
1549	for renewable energy as defined in s. 366.91(2)(d).
1550	3.  Extract natural resources.
1551	4.  Produce oil.
1552	5.  Construct, maintain, or operate an oil, petroleum,
1553	natural gas, or sewage pipeline.
1554	Section 23.  Paragraph (f) of subsection (2) of section
1555	14.2015, Florida Statutes, is amended to read:
1556	14.2015  Office of Tourism, Trade, and Economic
1557	Development; creation; powers and duties.--
1558	(2)  The purpose of the Office of Tourism, Trade, and
1559	Economic Development is to assist the Governor in working with
1560	the Legislature, state agencies, business leaders, and economic
1561	development professionals to formulate and implement coherent
1562	and consistent policies and strategies designed to provide
1563	economic opportunities for all Floridians. To accomplish such
1564	purposes, the Office of Tourism, Trade, and Economic Development
1565	shall:
1566	(f)1.  Administer the Florida Enterprise Zone Act under ss.
1567	290.001-290.016, the community contribution tax credit program
1568	under ss. 220.183 and 624.5105, the tax refund program for
1569	qualified target industry businesses under s. 288.106, the tax-
1570	refund program for qualified defense contractors and space
1571	flight business contractors under s. 288.1045, contracts for
1572	transportation projects under s. 288.063, the sports franchise
1573	facility program under s. 288.1162, the professional golf hall
1574	of fame facility program under s. 288.1168, the expedited
1575	permitting process under s. 403.973, the Rural Community
1576	Development Revolving Loan Fund under s. 288.065, the Regional
1577	Rural Development Grants Program under s. 288.018, the Certified
1578	Capital Company Act under s. 288.99, the Florida State Rural
1579	Development Council, the Rural Economic Development Initiative,
1580	and other programs that are specifically assigned to the office
1581	by law, by the appropriations process, or by the Governor.
1582	Notwithstanding any other provisions of law, the office may
1583	expend interest earned from the investment of program funds
1584	deposited in the Grants and Donations Trust Fund to contract for
1585	the administration of the programs, or portions of the programs,
1586	enumerated in this paragraph or assigned to the office by law,
1587	by the appropriations process, or by the Governor. Such
1588	expenditures shall be subject to review under chapter 216.
1589	2.  The office may enter into contracts in connection with
1590	the fulfillment of its duties concerning the Florida First
1591	Business Bond Pool under chapter 159, tax incentives under
1592	chapters 212 and 220, tax incentives under the Certified Capital
1593	Company Act in chapter 288, foreign offices under chapter 288,
1594	the Enterprise Zone program under chapter 290, the Seaport
1595	Employment Training program under chapter 311, the Florida
1596	Professional Sports Team License Plates under chapter 320,
1597	Spaceport Florida under chapter 331, Expedited Permitting under
1598	chapter 403, and in carrying out other functions that are
1599	specifically assigned to the office by law, by the
1600	appropriations process, or by the Governor.
1601	Section 24.  Paragraph (e) of subsection (2) of section
1602	288.0655, Florida Statutes, is amended to read:
1603	288.0655  Rural Infrastructure Fund.--
1604	(2)
1605	(e)  To enable local governments to access the resources
1606	available pursuant to s. 403.973(18), the office, working with
1607	the Secretary of Environmental Protection, may award grants for
1608	surveys, feasibility studies, and other activities related to
1609	the identification and preclearance review of land which is
1610	suitable for preclearance review. Authorized grants under this
1611	paragraph shall not exceed $75,000 each, except in the case of a
1612	project in a rural area of critical economic concern, in which
1613	case the grant shall not exceed $300,000. Any funds awarded
1614	under this paragraph must be matched at a level of 50 percent
1615	with local funds, except that any funds awarded for a project in
1616	a rural area of critical economic concern must be matched at a
1617	level of 33 percent with local funds. In evaluating applications
1618	under this paragraph, the office shall consider the extent to
1619	which the application seeks to minimize administrative and
1620	consultant expenses.
1621	Section 25.  Paragraph (d) of subsection (2) and paragraph
1622	(b) of subsection (19) of section 380.06, Florida Statutes, are
1623	amended to read:
1624	380.06  Developments of regional impact.--
1625	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
1626	(d)  The guidelines and standards shall be applied as
1627	follows:
1628	1.  Fixed thresholds.--
1629	a.  A development that is below 100 percent of all
1630	numerical thresholds in the guidelines and standards shall not
1631	be required to undergo development-of-regional-impact review.
1632	b.  A development that is at or above 120 percent of any
1633	numerical threshold shall be required to undergo development-of-
1634	regional-impact review.
1635	c.  Projects certified under s. 403.973 which create at
1636	least 50 100 jobs and meet the criteria of the Secretary of
1637	Environmental Protection Office of Tourism, Trade, and Economic
1638	Development as to their impact on an area's economy, employment,
1639	and prevailing wage and skill levels that are at or below 100
1640	percent of the numerical thresholds for industrial plants,
1641	industrial parks, distribution, warehousing or wholesaling
1642	facilities, office development or multiuse projects other than
1643	residential, as described in s. 380.0651(3)(c), (d), and (h),
1644	are not required to undergo development-of-regional-impact
1645	review.
1646	2.  Rebuttable presumption.--It shall be presumed that a
1647	development that is at 100 percent or between 100 and 120
1648	percent of a numerical threshold shall be required to undergo
1649	development-of-regional-impact review.
1650	(19)  SUBSTANTIAL DEVIATIONS.--
1651	(b)  Any proposed change to a previously approved
1652	development of regional impact or development order condition
1653	which, either individually or cumulatively with other changes,
1654	exceeds any of the following criteria shall constitute a
1655	substantial deviation and shall cause the development to be
1656	subject to further development-of-regional-impact review without
1657	the necessity for a finding of same by the local government:
1658	1.  An increase in the number of parking spaces at an
1659	attraction or recreational facility by 10 percent or 330 spaces,
1660	whichever is greater, or an increase in the number of spectators
1661	that may be accommodated at such a facility by 10 percent or
1662	1,100 spectators, whichever is greater.
1663	2.  A new runway, a new terminal facility, a 25-percent
1664	lengthening of an existing runway, or a 25-percent increase in
1665	the number of gates of an existing terminal, but only if the
1666	increase adds at least three additional gates.
1667	3.  An increase in industrial development area by 10
1668	percent or 35 acres, whichever is greater.
1669	4.  An increase in the average annual acreage mined by 10
1670	percent or 11 acres, whichever is greater, or an increase in the
1671	average daily water consumption by a mining operation by 10
1672	percent or 330,000 gallons, whichever is greater. A net increase
1673	in the size of the mine by 10 percent or 825 acres, whichever is
1674	less. For purposes of calculating any net increases in size,
1675	only additions and deletions of lands that have not been mined
1676	shall be considered. An increase in the size of a heavy mineral
1677	mine as defined in s. 378.403(7) will only constitute a
1678	substantial deviation if the average annual acreage mined is
1679	more than 550 acres and consumes more than 3.3 million gallons
1680	of water per day.
1681	5.  An increase in land area for office development by 10
1682	percent or an increase of gross floor area of office development
1683	by 10 percent or 66,000 gross square feet, whichever is greater.
1684	6.  An increase in the number of dwelling units by 10
1685	percent or 55 dwelling units, whichever is greater.
1686	7.  An increase in the number of dwelling units by 50
1687	percent or 200 units, whichever is greater, provided that 15
1688	percent of the proposed additional dwelling units are dedicated
1689	to affordable workforce housing, subject to a recorded land use
1690	restriction that shall be for a period of not less than 20 years
1691	and that includes resale provisions to ensure long-term
1692	affordability for income-eligible homeowners and renters and
1693	provisions for the workforce housing to be commenced prior to
1694	the completion of 50 percent of the market rate dwelling. For
1695	purposes of this subparagraph, the term "affordable workforce
1696	housing" means housing that is affordable to a person who earns
1697	less than 120 percent of the area median income, or less than
1698	140 percent of the area median income if located in a county in
1699	which the median purchase price for a single-family existing
1700	home exceeds the statewide median purchase price of a single-
1701	family existing home. For purposes of this subparagraph, the
1702	term "statewide median purchase price of a single-family
1703	existing home" means the statewide purchase price as determined
1704	in the Florida Sales Report, Single-Family Existing Homes,
1705	released each January by the Florida Association of Realtors and
1706	the University of Florida Real Estate Research Center.
1707	8.  An increase in commercial development by 55,000 square
1708	feet of gross floor area or of parking spaces provided for
1709	customers for 330 cars or a 10-percent increase of either of
1710	these, whichever is greater.
1711	9.  An increase in hotel or motel rooms by 10 percent or 83
1712	rooms, whichever is greater.
1713	10.  An increase in a recreational vehicle park area by 10
1714	percent or 110 vehicle spaces, whichever is less.
1715	11.  A decrease in the area set aside for open space of 5
1716	percent or 20 acres, whichever is less.
1717	12.  A proposed increase to an approved multiuse
1718	development of regional impact where the sum of the increases of
1719	each land use as a percentage of the applicable substantial
1720	deviation criteria is equal to or exceeds 110 percent. The
1721	percentage of any decrease in the amount of open space shall be
1722	treated as an increase for purposes of determining when 110
1723	percent has been reached or exceeded.
1724	13.  A 15-percent increase in the number of external
1725	vehicle trips generated by the development above that which was
1726	projected during the original development-of-regional-impact
1727	review.
1728	14.  Any change which would result in development of any
1729	area which was specifically set aside in the application for
1730	development approval or in the development order for
1731	preservation or special protection of endangered or threatened
1732	plants or animals designated as endangered, threatened, or
1733	species of special concern and their habitat, any species
1734	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1735	archaeological and historical sites designated as significant by
1736	the Division of Historical Resources of the Department of State.
1737	The refinement of the boundaries and configuration of such areas
1738	shall be considered under sub-subparagraph (e)2.j.
1739
1740	The substantial deviation numerical standards in subparagraphs
1741	3., 5., 8., 9., and 12., excluding residential uses, and in
1742	subparagraph 13., are increased by 100 percent for a project
1743	certified under s. 403.973 which creates jobs and meets criteria
1744	established by the Secretary of Environmental Protection Office
1745	of Tourism, Trade, and Economic Development as to its impact on
1746	an area's economy, employment, and prevailing wage and skill
1747	levels. The substantial deviation numerical standards in
1748	subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. are increased
1749	by 50 percent for a project located wholly within an urban
1750	infill and redevelopment area designated on the applicable
1751	adopted local comprehensive plan future land use map and not
1752	located within the coastal high hazard area.
1753	Section 26.  This act shall take effect July 1, 2009.

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