| 1 | A bill to be entitled |
| 2 | An act relating to interagency agreements for the |
| 3 | management of state water resources; amending s. 373.046, |
| 4 | F.S.; removing obsolete language requiring the Secretary |
| 5 | of Environmental Protection to submit a report relating to |
| 6 | certain interagency agreements and environmental |
| 7 | protection measures to the Legislature by a specified |
| 8 | date; providing an effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
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| 12 | Section 1. Subsection (4) of section 373.046, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 373.046 Interagency agreements.- |
| 15 | (4) The Legislature recognizes and affirms the division of |
| 16 | responsibilities between the department and the water management |
| 17 | districts as set forth in ss. III. and X. of each of the |
| 18 | operating agreements codified as rules 17-101.040(12)(a)3., 4., |
| 19 | and 5., Florida Administrative Code. Section IV.A.2.a. of each |
| 20 | operating agreement regarding individual permit oversight is |
| 21 | rescinded. The department shall be responsible for permitting |
| 22 | those activities under part IV of this chapter which, because of |
| 23 | their complexity and magnitude, need to be economically and |
| 24 | efficiently evaluated at the state level, including, but not |
| 25 | limited to, mining, hazardous waste management facilities and |
| 26 | solid waste management facilities that do not qualify for a |
| 27 | general permit under chapter 403. With regard to |
| 28 | postcertification information submittals for activities |
| 29 | authorized under chapters 341 and 403 siting act certifications, |
| 30 | the department, after consultation with the appropriate water |
| 31 | management district and other agencies having applicable |
| 32 | regulatory jurisdiction, shall be responsible for determining |
| 33 | the permittee's compliance with conditions of certification |
| 34 | which were based upon the nonprocedural requirements of part IV |
| 35 | of this chapter. The Legislature authorizes the water management |
| 36 | districts and the department to modify the division of |
| 37 | responsibilities referenced in this section and enter into |
| 38 | further interagency agreements by rulemaking, including |
| 39 | incorporation by reference, pursuant to chapter 120, to provide |
| 40 | for greater efficiency and to avoid duplication in the |
| 41 | administration of part IV of this chapter by designating certain |
| 42 | activities which will be regulated by either the water |
| 43 | management districts or the department. In developing such |
| 44 | interagency agreements, the water management districts and the |
| 45 | department should take into consideration the technical and |
| 46 | fiscal ability of each water management district to implement |
| 47 | all or some of the provisions of part IV of this chapter. |
| 48 | Nothing herein rescinds or restricts the authority of the |
| 49 | districts to regulate silviculture and agriculture pursuant to |
| 50 | part IV of this chapter or s. 403.927. By December 10, 1993, the |
| 51 | secretary of the department shall submit a report to the |
| 52 | President of the Senate and the Speaker of the House of |
| 53 | Representatives regarding the efficiency of the procedures and |
| 54 | the division of responsibilities contemplated by this subsection |
| 55 | and regarding progress toward the execution of further |
| 56 | interagency agreements and the integration of permitting with |
| 57 | sovereignty lands approval. The report also will consider the |
| 58 | feasibility of improving the protection of the environment |
| 59 | through comprehensive criteria for protection of natural |
| 60 | systems. |
| 61 | Section 2. This act shall take effect July 1, 2010. |