Florida Senate - 2011                                    SB 1404
       
       
       
       By Senator Evers
       
       
       
       
       2-00555A-11                                           20111404__
    1                        A bill to be entitled                      
    2         An act relating to environmental permitting; amending
    3         s. 120.569, F.S.; authorizing the provision of certain
    4         notices under the Administrative Procedure Act via a
    5         link to a publicly available Internet website;
    6         providing that a nonapplicant who petitions to
    7         challenge an agency’s issuance of a license or
    8         conceptual approval in certain circumstances has the
    9         burden of ultimate persuasion and the burden of going
   10         forward with evidence; amending s. 120.60, F.S.;
   11         requiring that an agency process a permit application
   12         notwithstanding an outstanding request for additional
   13         information from the applicant; revising the period
   14         for an agency to approve or deny an application for a
   15         license; creating s. 125.0112, F.S.; providing that
   16         the construction and operation of a biofuel processing
   17         facility or renewable energy generating facility and
   18         the cultivation of bioenergy by a local government is
   19         a valid and permitted land use; requiring expedited
   20         review of such facilities; providing that such
   21         facilities are eligible for the alternative state
   22         review process; amending s. 125.022, F.S.; prohibiting
   23         a county from requiring an applicant to obtain a
   24         permit or approval from another state or federal
   25         agency as a condition of approving a development
   26         permit; authorizing a county to attach certain
   27         disclaimers to the issuance of a development permit;
   28         creating s. 161.032, F.S.; requiring that the
   29         Department of Environmental Protection review an
   30         application for certain permits under the Beach and
   31         Shore Preservation Act and request additional
   32         information within a specified time; requiring that
   33         the department proceed to process the application if
   34         the applicant believes that a request for additional
   35         information is not authorized by law or rule;
   36         extending the period for an applicant to timely submit
   37         additional information, notwithstanding certain
   38         provisions of the Administrative Procedure Act;
   39         amending s. 163.3184, F.S.; redefining the term
   40         “affected person” for purposes of the adoption process
   41         for a comprehensive plan or plan amendments to include
   42         persons who can show that their substantial interest
   43         will be affected by the plan or amendment; amending s.
   44         163.3215, F.S.; redefining the term “aggrieved or
   45         adversely affected party” for purposes of standing to
   46         enforce local comprehensive plans; deleting a
   47         requirement that the adverse interest exceed in degree
   48         the general interest shared by all persons; amending
   49         s. 166.033, F.S.; prohibiting a municipality from
   50         requiring an applicant to obtain a permit or approval
   51         from another state or federal agency as a condition of
   52         approving a development permit; authorizing a county
   53         to attach certain disclaimers to the issuance of a
   54         development permit; creating s. 166.0447, F.S.;
   55         providing that the construction and operation of a
   56         biofuel processing facility or renewable energy
   57         generating facility and the cultivation of bioenergy
   58         is a valid and permitted land use within the
   59         unincorporated area of a municipality; prohibiting any
   60         requirement that the owner or operator of such a
   61         facility obtain comprehensive plan amendments, use
   62         permits, waivers, or variances, or pay any fee in
   63         excess of a specified amount; amending s. 373.026,
   64         F.S.; requiring the Department of Environmental
   65         Protection to expand its use of Internet-based self
   66         certification services for exemptions and permits
   67         issued by the department and water management
   68         districts; amending s. 373.4141, F.S.; requiring that
   69         a request by the department or a water management
   70         district that an applicant provide additional
   71         information be accompanied by the signature of
   72         specified officials of the department or district;
   73         reducing the time within which the department or
   74         district must approve or deny a permit application;
   75         providing that an application for a permit that is
   76         required by a local government and that is not
   77         approved within a specified period is deemed approved
   78         by default; amending s. 373.4144, F.S.; providing
   79         legislative intent with respect to the coordination of
   80         regulatory duties among specified state and federal
   81         agencies; requiring that the department report
   82         annually to the Legislature on efforts to expand the
   83         state programmatic general permit or regional general
   84         permits; providing for a voluntary state programmatic
   85         general permit for certain dredge and fill activities;
   86         amending s. 373.441, F.S.; requiring that certain
   87         counties or municipalities apply by a specified date
   88         to the department or water management district for
   89         authority to require certain permits; providing that
   90         following such delegation, the department or district
   91         may not regulate activities that are subject to the
   92         delegation; amending s. 403.061, F.S., relating to the
   93         use of online self-certification; conforming
   94         provisions to changes made by the act; creating s.
   95         403.0874, F.S.; providing a short title; providing
   96         legislative findings and intent with respect to the
   97         consideration of the compliance history of a permit
   98         applicant; providing for applicability; specifying the
   99         period of compliance history to be considered is
  100         issuing or renewing a permit; providing criteria to be
  101         considered by the Department of Environmental
  102         Protection; authorizing expedited review of permit
  103         issuance, renewal, modification, and transfer;
  104         providing for a reduced number of inspections;
  105         providing for extended permit duration; authorizing
  106         the department to make additional incentives available
  107         under certain circumstances; providing for automatic
  108         permit renewal and reduced or waived fees under
  109         certain circumstances; requiring the department to
  110         adopt rules that are binding on a water management
  111         district or local government that has been delegated
  112         certain regulatory duties; amending ss. 161.041 and
  113         373.413, F.S.; specifying that s. 403.0874, F.S.,
  114         authorizing expedited permitting, applies to
  115         provisions governing beaches and shores and surface
  116         water management and storage; amending s. 403.087,
  117         F.S.; revising conditions under which the department
  118         is authorized to revoke a permit; amending s. 403.412,
  119         F.S.; eliminating a provision limiting a requirement
  120         for demonstrating injury in order to seek relief under
  121         the Environmental Protection Act; amending s. 403.814,
  122         F.S.; providing for issuance of general permits for
  123         the construction, alteration, and maintenance of
  124         certain surface water management systems without the
  125         action of the department or a water management
  126         district; specifying conditions for the general
  127         permits; amending s. 380.06, F.S.; exempting a
  128         proposed phosphate mine or a proposed addition or
  129         expansion of an existing phosphate mine from
  130         provisions governing developments of regional impact;
  131         providing certain exceptions; amending ss. 380.0657
  132         and 403.973, F.S.; authorizing expedited permitting
  133         for certain inland multimodal facilities and for
  134         commercial or industrial development projects that
  135         individually or collectively will create a minimum
  136         number of jobs; providing for a project-specific
  137         memorandum of agreement to apply to a project subject
  138         to expedited permitting; providing for review and
  139         certification of a business as eligible for expedited
  140         permitting by the Secretary of Environmental
  141         Protection rather than by the Office of Tourism,
  142         Trade, and Economic Development; amending s. 163.3180,
  143         F.S.; providing an exemption to the level-of-service
  144         standards adopted under the Strategic Intermodal
  145         System for certain inland multimodal facilities;
  146         specifying project criteria; amending s. 373.4137,
  147         F.S., relating to transportation projects; revising
  148         legislative findings with respect to the options for
  149         mitigation; revising certain requirements for
  150         determining the habitat impacts of transportation
  151         projects; providing for the release of certain
  152         mitigation funds held for the benefit of a water
  153         management district if a project is excluded from a
  154         mitigation plan; revising the procedure for excluding
  155         a project from a mitigation plan; providing an
  156         effective date.
  157  
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. Subsection (1) of section 120.569, Florida
  161  Statutes, is amended, and paragraph (p) is added to subsection
  162  (2) of that section, to read:
  163         120.569 Decisions which affect substantial interests.—
  164         (1) The provisions of this section apply in all proceedings
  165  in which the substantial interests of a party are determined by
  166  an agency, unless the parties are proceeding under s. 120.573 or
  167  s. 120.574. Unless waived by all parties, s. 120.57(1) applies
  168  whenever the proceeding involves a disputed issue of material
  169  fact. Unless otherwise agreed, s. 120.57(2) applies in all other
  170  cases. If a disputed issue of material fact arises during a
  171  proceeding under s. 120.57(2), then, unless waived by all
  172  parties, the proceeding under s. 120.57(2) shall be terminated
  173  and a proceeding under s. 120.57(1) shall be conducted. Parties
  174  shall be notified of any order, including a final order. Unless
  175  waived, a copy of the order shall be delivered or mailed to each
  176  party or the party’s attorney of record at the address of
  177  record. Each notice shall inform the recipient of any
  178  administrative hearing or judicial review that is available
  179  under this section, s. 120.57, or s. 120.68; shall indicate the
  180  procedure which must be followed to obtain the hearing or
  181  judicial review; and shall state the time limits that which
  182  apply. Notwithstanding any other provision of law, notice of the
  183  procedure to obtain an administrative hearing or judicial
  184  review, including any items required by the uniform rules
  185  adopted pursuant to s. 120.54(5), may be provided via a link to
  186  a publicly available Internet website.
  187         (2)
  188         (p) For any proceeding arising under chapter 373, chapter
  189  378, or chapter 403, if a nonapplicant petitions as a third
  190  party to challenge an agency’s issuance of a license or
  191  conceptual approval, the petitioner initiating the action has
  192  the burden of ultimate persuasion and, in the first instance,
  193  has the burden of going forward with the evidence.
  194  Notwithstanding subsection (1), this paragraph applies to
  195  proceedings under s. 120.574.
  196         Section 2. Subsection (1) of section 120.60, Florida
  197  Statutes, as amended by chapter 2010-279, Laws of Florida, is
  198  amended to read:
  199         120.60 Licensing.—
  200         (1) Upon receipt of a license application, an agency shall
  201  examine the application and, within 30 days after such receipt,
  202  notify the applicant of any apparent errors or omissions and
  203  request any additional information the agency is permitted by
  204  law to require. If the applicant believes that the request for
  205  such additional information is not authorized by law or agency
  206  rule, the agency, at the applicant’s request, shall proceed to
  207  process the permit application. An agency may not deny a license
  208  for failure to correct an error or omission or to supply
  209  additional information unless the agency timely notified the
  210  applicant within this 30-day period. The agency may establish by
  211  rule the time period for submitting any additional information
  212  requested by the agency. For good cause shown, the agency shall
  213  grant a request for an extension of time for submitting the
  214  additional information. If the applicant believes the agency’s
  215  request for additional information is not authorized by law or
  216  rule, the agency, at the applicant’s request, shall proceed to
  217  process the application. An application is complete upon receipt
  218  of all requested information and correction of any error or
  219  omission for which the applicant was timely notified or when the
  220  time for such notification has expired. An application for a
  221  license must be approved or denied within 60 90 days after
  222  receipt of a completed application unless a shorter period of
  223  time for agency action is provided by law. The 60-day 90-day
  224  time period is tolled by the initiation of a proceeding under
  225  ss. 120.569 and 120.57. Any application for a license which is
  226  not approved or denied within the 60-day 90-day or shorter time
  227  period, within 15 days after conclusion of a public hearing held
  228  on the application, or within 45 days after a recommended order
  229  is submitted to the agency and the parties, whichever action and
  230  timeframe is latest and applicable, is considered approved
  231  unless the recommended order recommends that the agency deny the
  232  license. Subject to the satisfactory completion of an
  233  examination if required as a prerequisite to licensure, any
  234  license that is considered approved shall be issued and may
  235  include such reasonable conditions as are authorized by law. Any
  236  applicant for licensure seeking to claim licensure by default
  237  under this subsection shall notify the agency clerk of the
  238  licensing agency, in writing, of the intent to rely upon the
  239  default license provision of this subsection, and may not take
  240  any action based upon the default license until after receipt of
  241  such notice by the agency clerk.
  242         Section 3. Section 125.0112, Florida Statutes, is created
  243  to read:
  244         125.0112Biofuels and renewable energy.—The construction
  245  and operation of a biofuel processing facility or a renewable
  246  energy generating facility, as defined in s. 366.91(2)(d), and
  247  the cultivation and production of bioenergy, as defined pursuant
  248  to s. 163.3177, shall be considered by a local government to be
  249  a valid industrial, agricultural, and silvicultural use
  250  permitted within those land use categories in the local
  251  comprehensive land use plan. If the local comprehensive plan
  252  does not specifically allow for the construction of a biofuel
  253  processing facility or renewable energy facility, the local
  254  government shall establish a specific review process that may
  255  include expediting local review of any necessary comprehensive
  256  plan amendment, zoning change, use permit, waiver, variance, or
  257  special exemption. Local expedited review of a proposed biofuel
  258  processing facility or a renewable energy facility does not
  259  obligate a local government to approve such proposed use. A
  260  comprehensive plan amendment necessary to accommodate a biofuel
  261  processing facility or renewable energy facility shall, if
  262  approved by the local government, be eligible for the
  263  alternative state review process in s. 163.32465. The
  264  construction and operation of a facility and related
  265  improvements on a portion of a property under this section does
  266  not affect the remainder of the property’s classification as
  267  agricultural under s. 193.461.
  268         Section 4. Section 125.022, Florida Statutes, is amended to
  269  read:
  270         125.022 Development permits.—When a county denies an
  271  application for a development permit, the county shall give
  272  written notice to the applicant. The notice must include a
  273  citation to the applicable portions of an ordinance, rule,
  274  statute, or other legal authority for the denial of the permit.
  275  As used in this section, the term “development permit” has the
  276  same meaning as in s. 163.3164. A county may not require as a
  277  condition of approval for a development permit that an applicant
  278  obtain a permit or approval from any other state or federal
  279  agency. Issuance of a development permit by a county does not in
  280  any way create any rights on the part of the applicant to obtain
  281  a permit from another state or federal agency and does not
  282  create any liability on the part of the county for issuance of
  283  the permit if the applicant fails to fulfill its legal
  284  obligations to obtain requisite approvals or fulfill the
  285  obligations imposed by another state or a federal agency. A
  286  county may attach such a disclaimer to the issuance of a
  287  development permit, and may include a permit condition that all
  288  other applicable state or federal permits be obtained before
  289  commencement of the development. This section does not prohibit
  290  a county from providing information to an applicant regarding
  291  what other state or federal permits may apply.
  292         Section 5. Section 161.032, Florida Statutes, is created to
  293  read:
  294         161.032Application review; request for additional
  295  information.—
  296         (1) Within 30 days after receipt of an application for a
  297  permit under this part, the department shall review the
  298  application and shall request submission of any additional
  299  information the department is permitted by law to require. If
  300  the applicant believes that a request for additional information
  301  is not authorized by law or rule, the applicant may request a
  302  hearing pursuant to s. 120.57. Within 30 days after receipt of
  303  such additional information, the department shall review such
  304  additional information and may request only that information
  305  needed to clarify such additional information or to answer new
  306  questions raised by or directly related to such additional
  307  information. If the applicant believes that the request for such
  308  additional information by the department is not authorized by
  309  law or rule, the department, at the applicant’s request, shall
  310  proceed to process the permit application.
  311         (2) Notwithstanding s. 120.60, an applicant for a permit
  312  under this part has 90 days after the date of a timely request
  313  for additional information to submit such information. If an
  314  applicant requires more than 90 days in order to respond to a
  315  request for additional information, the applicant must notify
  316  the agency processing the permit application in writing of the
  317  circumstances, at which time the application shall be held in
  318  active status for no more than one additional period of up to 90
  319  days. Additional extensions may be granted for good cause shown
  320  by the applicant. A showing that the applicant is making a
  321  diligent effort to obtain the requested additional information
  322  constitutes good cause. Failure of an applicant to provide the
  323  timely requested information by the applicable deadline shall
  324  result in denial of the application without prejudice.
  325         Section 6. Paragraph (a) of subsection (1) of section
  326  163.3184, Florida Statutes, is amended to read:
  327         163.3184 Process for adoption of comprehensive plan or plan
  328  amendment.—
  329         (1) DEFINITIONS.—As used in this section, the term:
  330         (a) “Affected person” includes the affected local
  331  government; persons owning property, residing, or owning or
  332  operating a business within the boundaries of the local
  333  government whose plan is the subject of the review and who can
  334  demonstrate that their substantial interest will be affected by
  335  the plan or plan amendment; owners of real property abutting
  336  real property that is the subject of a proposed change to a
  337  future land use map; and adjoining local governments that can
  338  demonstrate that the plan or plan amendment will produce
  339  substantial impacts on the increased need for publicly funded
  340  infrastructure or substantial impacts on areas designated for
  341  protection or special treatment within their jurisdiction. Each
  342  person, other than an adjoining local government, in order to
  343  qualify under this definition, shall also have submitted oral or
  344  written comments, recommendations, or objections to the local
  345  government during the period of time beginning with the
  346  transmittal hearing for the plan or plan amendment and ending
  347  with the adoption of the plan or plan amendment.
  348         Section 7. Subsection (2) of section 163.3215, Florida
  349  Statutes, is amended to read:
  350         163.3215 Standing to enforce local comprehensive plans
  351  through development orders.—
  352         (2) As used in this section, the term “aggrieved or
  353  adversely affected party” means any person or local government
  354  that can demonstrate that their substantial interest will be
  355  affected by a development order will suffer an adverse effect to
  356  an interest protected or furthered by the local government
  357  comprehensive plan, including interests related to health and
  358  safety, police and fire protection service systems, densities or
  359  intensities of development, transportation facilities, health
  360  care facilities, equipment or services, and environmental or
  361  natural resources. The alleged adverse interest may be shared in
  362  common with other members of the community at large but must
  363  exceed in degree the general interest in community good shared
  364  by all persons. The term includes the owner, developer, or
  365  applicant for a development order.
  366         Section 8. Section 166.033, Florida Statutes, is amended to
  367  read:
  368         166.033 Development permits.—When a municipality denies an
  369  application for a development permit, the municipality shall
  370  give written notice to the applicant. The notice must include a
  371  citation to the applicable portions of an ordinance, rule,
  372  statute, or other legal authority for the denial of the permit.
  373  As used in this section, the term “development permit” has the
  374  same meaning as in s. 163.3164. A municipality may not require
  375  as a condition of approval for a development permit that an
  376  applicant obtain a permit or approval from any other state or
  377  federal agency. Issuance of a development permit by a
  378  municipality does not in any way create any right on the part of
  379  an applicant to obtain a permit from another state or federal
  380  agency and does not create any liability on the part of the
  381  municipality for issuance of the permit if the applicant fails
  382  to fulfill its legal obligations to obtain requisite approvals
  383  or fulfill the obligations imposed by another state or federal
  384  agency. A municipality may attach such a disclaimer to the
  385  issuance of development permits and may include a permit
  386  condition that all other applicable state or federal permits be
  387  obtained before commencement of the development. This section
  388  does not prohibit a municipality from providing information to
  389  an applicant regarding what other state or federal permits may
  390  apply.
  391         Section 9. Section 166.0447, Florida Statutes, is created
  392  to read:
  393         166.0447Biofuels and renewable energy.—The construction
  394  and operation of a biofuel processing facility or a renewable
  395  energy generating facility, as defined in s. 366.91(2)(d), and
  396  the cultivation and production of bioenergy, as defined pursuant
  397  to s. 163.3177, are each a valid industrial, agricultural, and
  398  silvicultural use permitted within those land use categories in
  399  the local comprehensive land use plan and for purposes of any
  400  local zoning regulation within an unincorporated area of a
  401  municipality. Such comprehensive land use plans and local zoning
  402  regulations may not require the owner or operator of a biofuel
  403  processing facility or a renewable energy generating facility to
  404  obtain any comprehensive plan amendment, rezoning, special
  405  exemption, use permit, waiver, or variance, or to pay any
  406  special fee in excess of $1,000 to operate in an area zoned for
  407  or categorized as industrial, agricultural, or silvicultural
  408  use. This section does not exempt biofuel processing facilities
  409  and renewable energy generating facilities from complying with
  410  building code requirements. The construction and operation of a
  411  facility and related improvements on a portion of a property
  412  pursuant to this section does not affect the remainder of that
  413  property’s classification as agricultural pursuant to s.
  414  193.461.
  415         Section 10. Subsection (10) is added to section 373.026,
  416  Florida Statutes, to read:
  417         373.026 General powers and duties of the department.—The
  418  department, or its successor agency, shall be responsible for
  419  the administration of this chapter at the state level. However,
  420  it is the policy of the state that, to the greatest extent
  421  possible, the department may enter into interagency or
  422  interlocal agreements with any other state agency, any water
  423  management district, or any local government conducting programs
  424  related to or materially affecting the water resources of the
  425  state. All such agreements shall be subject to the provisions of
  426  s. 373.046. In addition to its other powers and duties, the
  427  department shall, to the greatest extent possible:
  428         (10) Expand the use of Internet-based self-certification
  429  services for appropriate exemptions and general permits issued
  430  by the department and the water management districts, if such
  431  expansion is economically feasible. In addition to expanding the
  432  use of Internet-based self-certification services for
  433  appropriate exemptions and general permits, the department and
  434  water management districts shall identify and develop general
  435  permits for activities currently requiring individual review
  436  which could be expedited through the use of professional
  437  certification.
  438         Section 11. Section 373.4141, Florida Statutes, is amended
  439  to read:
  440         373.4141 Permits; processing.—
  441         (1) Within 30 days after receipt of an application for a
  442  permit under this part, the department or the water management
  443  district shall review the application and shall request
  444  submittal of all additional information the department or the
  445  water management district is permitted by law to require. If the
  446  applicant believes any request for additional information is not
  447  authorized by law or rule, the applicant may request a hearing
  448  pursuant to s. 120.57. Within 30 days after receipt of such
  449  additional information, the department or water management
  450  district shall review it and may request only that information
  451  needed to clarify such additional information or to answer new
  452  questions raised by or directly related to such additional
  453  information. If the applicant believes the request of the
  454  department or water management district for such additional
  455  information is not authorized by law or rule, the department or
  456  water management district, at the applicant’s request, shall
  457  proceed to process the permit application. In order to ensure
  458  the proper scope and necessity for the information requested, a
  459  second request for additional information, if any, must be
  460  signed by the supervisor of the project manager. A third request
  461  for additional information, if any, must be signed by the
  462  division director who oversees the program area. A fourth
  463  request for additional information, if any, must be signed by
  464  the assistant secretary of the department or the assistant
  465  executive director of the district. Any additional request for
  466  information must be signed by the secretary of the department or
  467  the executive director of the district.
  468         (2)(a) A permit shall be approved or denied within 60 90
  469  days after receipt of the original application, the last item of
  470  timely requested additional material, or the applicant’s written
  471  request to begin processing the permit application.
  472         (b) A permit required by a local government for an activity
  473  that also requires a state permit under this part shall be
  474  approved or denied within 60 days after receipt of the original
  475  application. An application for a local permit which is not
  476  approved or denied within 60 days is deemed approved by default.
  477         (3) Processing of applications for permits for affordable
  478  housing projects shall be expedited to a greater degree than
  479  other projects.
  480         Section 12. Section 373.4144, Florida Statutes, is amended
  481  to read:
  482         373.4144 Federal environmental permitting.—
  483         (1) It is the intent of the Legislature to:
  484         (a) Facilitate coordination and a more efficient process of
  485  implementing regulatory duties and functions between the
  486  Department of Environmental Protection, the water management
  487  districts, the United States Army Corps of Engineers, the United
  488  States Fish and Wildlife Service, the National Marine Fisheries
  489  Service, the United States Environmental Protection Agency, the
  490  Fish and Wildlife Conservation Commission, and other relevant
  491  federal and state agencies.
  492         (b) Authorize the Department of Environmental Protection to
  493  obtain issuance by the United States Army Corps of Engineers,
  494  pursuant to state and federal law and as set forth in this
  495  section, of an expanded state programmatic general permit, or a
  496  series of regional general permits, for categories of activities
  497  in waters of the United States governed by the Clean Water Act
  498  and in navigable waters under the Rivers and Harbors Act of 1899
  499  which are similar in nature, which will cause only minimal
  500  adverse environmental effects when performed separately, and
  501  which will have only minimal cumulative adverse effects on the
  502  environment.
  503         (c) Use the mechanism of such a state general permit or
  504  such regional general permits to eliminate overlapping federal
  505  regulations and state rules that seek to protect the same
  506  resource and to avoid duplication of permitting between the
  507  United States Army Corps of Engineers and the department for
  508  minor work located in waters of the United States, including
  509  navigable waters, thus eliminating, in appropriate cases, the
  510  need for a separate individual approval from the United States
  511  Army Corps of Engineers while ensuring the most stringent
  512  protection of wetland resources.
  513         (d) Direct the department not to seek issuance of or take
  514  any action pursuant to any such permit or permits unless such
  515  conditions are at least as protective of the environment and
  516  natural resources as existing state law under this part and
  517  federal law under the Clean Water Act and the Rivers and Harbors
  518  Act of 1899. The department is directed to develop, on or before
  519  October 1, 2005, a mechanism or plan to consolidate, to the
  520  maximum extent practicable, the federal and state wetland
  521  permitting programs. It is the intent of the Legislature that
  522  all dredge and fill activities impacting 10 acres or less of
  523  wetlands or waters, including navigable waters, be processed by
  524  the state as part of the environmental resource permitting
  525  program implemented by the department and the water management
  526  districts. The resulting mechanism or plan shall analyze and
  527  propose the development of an expanded state programmatic
  528  general permit program in conjunction with the United States
  529  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  530  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  531  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  532  or in combination with an expanded state programmatic general
  533  permit, the mechanism or plan may propose the creation of a
  534  series of regional general permits issued by the United States
  535  Army Corps of Engineers pursuant to the referenced statutes. All
  536  of the regional general permits must be administered by the
  537  department or the water management districts or their designees.
  538         (2) In order to effectuate efficient wetland permitting and
  539  avoid duplication, the department and water management districts
  540  are authorized to implement a voluntary state programmatic
  541  general permit for all dredge and fill activities impacting 3
  542  acres or less of wetlands or other surface waters, including
  543  navigable waters, subject to agreement with the United States
  544  Army Corps of Engineers, if the general permit is at least as
  545  protective of the environment and natural resources as existing
  546  state law under this part and federal law under the Clean Water
  547  Act and the Rivers and Harbors Act of 1899. The department is
  548  directed to file with the Speaker of the House of
  549  Representatives and the President of the Senate a report
  550  proposing any required federal and state statutory changes that
  551  would be necessary to accomplish the directives listed in this
  552  section and to coordinate with the Florida Congressional
  553  Delegation on any necessary changes to federal law to implement
  554  the directives.
  555         (3) Nothing in this section shall be construed to preclude
  556  the department from pursuing a series of regional general
  557  permits for construction activities in wetlands or surface
  558  waters or complete assumption of federal permitting programs
  559  regulating the discharge of dredged or fill material pursuant to
  560  s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
  561  33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
  562  Act of 1899, so long as the assumption encompasses all dredge
  563  and fill activities in, on, or over jurisdictional wetlands or
  564  waters, including navigable waters, within the state.
  565         Section 13. Present subsections (3), (4), and (5) of
  566  section 373.441, Florida Statutes, are renumbered as subsections
  567  (5), (6), and (7), respectively, and new subsections (3) and (4)
  568  are added to that section, to read:
  569         373.441 Role of counties, municipalities, and local
  570  pollution control programs in permit processing; delegation.—
  571         (3) A county having a population of 75,000 or more or a
  572  municipality that has local pollution control programs serving
  573  populations of more than 50,000 must apply for delegation of
  574  authority on or before June 1, 2012. A county, municipality, or
  575  local pollution control programs that fails to apply for
  576  delegation of authority may not require permits that in part or
  577  in full are substantially similar to the requirements needed to
  578  obtain an environmental resource permit.
  579         (4) Upon delegation to a qualified local government, the
  580  department and water management district may not regulate the
  581  activities subject to the delegation within that jurisdiction
  582  unless regulation is required pursuant to the terms of the
  583  delegation agreement.
  584         Section 14. Subsection (41) of section 403.061, Florida
  585  Statutes, is amended to read:
  586         403.061 Department; powers and duties.—The department shall
  587  have the power and the duty to control and prohibit pollution of
  588  air and water in accordance with the law and rules adopted and
  589  promulgated by it and, for this purpose, to:
  590         (41) Expand the use of online self-certification for
  591  appropriate exemptions and general permits issued by the
  592  department or the water management districts if such expansion
  593  is economically feasible. Notwithstanding any other provision of
  594  law, A local government may not specify the method or form for
  595  documenting that a project qualifies for an exemption or meets
  596  the requirements for a permit under chapter 161, chapter 253,
  597  chapter 373, or this chapter. This limitation of local
  598  government authority extends to Internet-based department
  599  programs that provide for self-certification.
  600  
  601  The department shall implement such programs in conjunction with
  602  its other powers and duties and shall place special emphasis on
  603  reducing and eliminating contamination that presents a threat to
  604  humans, animals or plants, or to the environment.
  605         Section 15. Section 403.0874, Florida Statutes, is created
  606  to read:
  607         403.0874Incentive-based permitting program.—
  608         (1) SHORT TITLE.—This section may be cited as the “Florida
  609  Incentive-based Permitting Act.”
  610         (2) FINDINGS AND INTENT.—The Legislature finds and declares
  611  that the department should consider compliance history when
  612  deciding whether to issue, renew, amend, or modify a permit by
  613  evaluating an applicant’s site-specific and program-specific
  614  relevant aggregate compliance history. Persons having a history
  615  of complying with applicable permits or state environmental laws
  616  and rules are eligible for permitting benefits, including, but
  617  not limited to, expedited permit application reviews, longer
  618  duration permit periods, decreased announced compliance
  619  inspections, and other similar regulatory and compliance
  620  incentives to encourage and reward such persons for their
  621  environmental performance.
  622         (3)APPLICABILITY.—
  623         (a) This section applies to all persons and regulated
  624  activities that are subject to the permitting requirements of
  625  chapter 161, chapter 373, or this chapter, and all other
  626  applicable state or federal laws that govern activities for the
  627  purpose of protecting the environment or the public health from
  628  pollution or contamination.
  629         (b)Notwithstanding paragraph (a), this section does not
  630  apply to certain permit actions or environmental permitting laws
  631  such as:
  632         1.Environmental permitting or authorization laws that
  633  regulate activities for the purpose of zoning, growth
  634  management, or land use; or
  635         2.Any federal law or program delegated or assumed by the
  636  state to the extent that implementation of this section, or any
  637  part of this section, would jeopardize the ability of the state
  638  to retain such delegation or assumption.
  639         (c) As used in this section, the term “regulated activity”
  640  means any activity, including, but not limited to, the
  641  construction or operation of a facility, installation, system,
  642  or project, for which a permit, certification, or authorization
  643  is required under chapter 161, chapter 373, or this chapter.
  644         (4) COMPLIANCE HISTORY.—The compliance history period shall
  645  be the 5 years before the date any permit or renewal application
  646  is received by the department. Any person is entitled to the
  647  incentives under paragraph (5)(a) if:
  648         (a)1. The applicant has conducted the regulated activity at
  649  the same site for which the permit or renewal is sought for at
  650  least 4 of the 5 years prior to the date the permit application
  651  is received by the department; or
  652         2. The applicant has conducted the same regulated activity
  653  at a different site within the state for at least 4 of the 5
  654  years prior to the date the permit or renewal application is
  655  received by the department; and
  656         (b)In the 5 years before the date the permit or renewal
  657  application is received by the department or water management
  658  district, the applicant has not been subject to a formal
  659  administrative or civil judgment or criminal conviction whereby
  660  an administrative law judge or civil or criminal court found the
  661  applicant knowingly violated the applicable law or rule and the
  662  violation was the proximate cause that resulted in significant
  663  harm to human health or the environment. Administrative
  664  settlement or consent orders, whether formal or informal, are
  665  not judgments for purposes of this section unless entered into
  666  as a result of significant harm to human health or the
  667  environment.
  668         (5) COMPLIANCE INCENTIVES.—
  669         (a)An applicant shall request all applicable incentives at
  670  the time of application submittal. Unless otherwise prohibited
  671  by state or federal law, rule, or regulation, and if the
  672  applicant meets all other applicable criteria for the issuance
  673  of a permit or authorization, an applicant is entitled to the
  674  following incentives:
  675         1.Expedited reviews on permit actions, including, but not
  676  limited to, initial permit issuance, renewal, modification, and
  677  transfer, if applicable. Expedited review means, at a minimum,
  678  that any request for additional information regarding a permit
  679  application shall be issued no later than 15 days after the
  680  application is filed, and final agency action shall be taken no
  681  later than 45 days after the application is deemed complete;
  682         2. Priority review of permit application;
  683         3.Reduced number of routine compliance inspections;
  684         4.No more than two requests for additional information
  685  under s. 120.60; and
  686         5.Longer permit period durations.
  687         (b)The department shall identify and make available
  688  additional incentives to persons who demonstrate during a 10
  689  year compliance history period the implementation of activities
  690  or practices that resulted in:
  691         1.Reductions in actual or permitted discharges or
  692  emissions;
  693         2.Reductions in the impacts of regulated activities on
  694  public lands or natural resources;
  695         3.Implementation of voluntary environmental performance
  696  programs, such as environmental management systems; and
  697         4.In the 10 years before the date the renewal application
  698  is received by the department, the applicant having not been
  699  subject to a formal administrative or civil judgment or criminal
  700  conviction whereby an administrative law judge or civil or
  701  criminal court found the applicant knowingly violated the
  702  applicable law or rule and the violation was the proximate cause
  703  that resulted in significant harm to human health or the
  704  environment. Administrative settlement or consent orders,
  705  whether formal or informal, are not judgments for purposes of
  706  this section unless entered into as a result of significant harm
  707  to the human health or the environment.
  708         (c)Any person meeting one of the criteria in subparagraph
  709  (b)1.-3., and the criteria in subparagraph (b)4., is entitled to
  710  the following incentives:
  711         1.Automatic permit renewals if there are no substantial
  712  deviations or modifications in permitted activities or changed
  713  circumstances; and
  714         2.Reduced or waived application fees.
  715         (6) RULEMAKING.—The department shall implement rulemaking
  716  within 6 months after the effective date of this act. Such
  717  rulemaking may identify additional incentives and programs not
  718  expressly enumerated under this section, so long as each
  719  incentive is consistent with the Legislature’s purpose and
  720  intent of this section. Any rule adopted by the department to
  721  administer this section shall be deemed an invalid exercise of
  722  delegated legislative authority if the department cannot
  723  demonstrate how such rules will produce the compliance
  724  incentives set forth in subsection (5). The department’s rules
  725  adopted under this section are binding on the water management
  726  districts and any local government that has been delegated or
  727  assumed a regulatory program to which this section applies.
  728         Section 16. Subsection (5) is added to section 161.041,
  729  Florida Statutes, to read:
  730         161.041 Permits required.—
  731         (5) The provisions of s. 403.0874, relating to the
  732  incentive-based permitting program, apply to all permits issued
  733  under this chapter.
  734         Section 17. Subsection (6) is added to section 373.413,
  735  Florida Statutes, to read:
  736         373.413 Permits for construction or alteration.—
  737         (6) The provisions of s. 403.0874, relating to the
  738  incentive-based permitting program, apply to permits issued
  739  under this section.
  740         Section 18. Subsection (7) of section 403.087, Florida
  741  Statutes, is amended to read:
  742         403.087 Permits; general issuance; denial; revocation;
  743  prohibition; penalty.—
  744         (7) A permit issued pursuant to this section shall not
  745  become a vested right in the permittee. The department may
  746  revoke any permit issued by it if it finds that the permitholder
  747  knowingly:
  748         (a) Has Submitted false or inaccurate information in the
  749  his or her application for such permit;
  750         (b) Has Violated law, department orders, rules, or
  751  regulations, or permit conditions which directly relate to such
  752  permit and has refused to correct or cure such violations when
  753  requested to do so;
  754         (c) Has Failed to submit operational reports or other
  755  information required by department rule which directly relate to
  756  such permit and has refused to correct or cure such violations
  757  when requested to do so or regulation; or
  758         (d) Has Refused lawful inspection under s. 403.091 at the
  759  facility authorized by such permit.
  760         Section 19. Subsection (5) of section 403.412, Florida
  761  Statutes, is amended to read:
  762         403.412 Environmental Protection Act.—
  763         (5) In any administrative, licensing, or other proceedings
  764  authorized by law for the protection of the air, water, or other
  765  natural resources of the state from pollution, impairment, or
  766  destruction, the Department of Legal Affairs, a political
  767  subdivision or municipality of the state, or a citizen of the
  768  state shall have standing to intervene as a party on the filing
  769  of a verified pleading asserting that the activity, conduct, or
  770  product to be licensed or permitted has or will have the effect
  771  of impairing, polluting, or otherwise injuring the air, water,
  772  or other natural resources of the state. As used in this section
  773  and as it relates to citizens, the term “intervene” means to
  774  join an ongoing s. 120.569 or s. 120.57 proceeding; this section
  775  does not authorize a citizen to institute, initiate, petition
  776  for, or request a proceeding under s. 120.569 or s. 120.57.
  777  Nothing herein limits or prohibits a citizen whose substantial
  778  interests will be determined or affected by a proposed agency
  779  action from initiating a formal administrative proceeding under
  780  s. 120.569 or s. 120.57. A citizen’s substantial interests will
  781  be considered to be determined or affected if the party
  782  demonstrates it may suffer an injury in fact which is of
  783  sufficient immediacy and is of the type and nature intended to
  784  be protected by this chapter. No demonstration of special injury
  785  different in kind from the general public at large is required.
  786  A sufficient demonstration of a substantial interest may be made
  787  by a petitioner who establishes that the proposed activity,
  788  conduct, or product to be licensed or permitted affects the
  789  petitioner’s use or enjoyment of air, water, or natural
  790  resources protected by this chapter.
  791         Section 20. Subsections (12) and (13) are added to section
  792  403.814, Florida Statutes, to read:
  793         403.814 General permits; delegation.—
  794         (12) A general permit may be granted for the construction,
  795  alteration, and maintenance of a surface water management system
  796  serving a total project area of up to 40 acres. The construction
  797  of such a system may proceed without any agency action by the
  798  department or water management district if:
  799         (a) The surface water management system design plans and
  800  calculations are signed and sealed by a professional engineer
  801  licensed under chapter 471;
  802         (b) The system will not be located in surface waters or
  803  wetlands, as delineated in s. 373.421(1);
  804         (c) The system will not cause adverse water quantity
  805  impacts to receiving waters and adjacent lands, as provided by
  806  department or district rule;
  807         (d) The system will not cause adverse flooding to onsite or
  808  off-site property, as provided by department or district rule;
  809         (e) The system will not cause adverse impacts to existing
  810  surface water storage and conveyance capabilities, as provided
  811  by department or district rule;
  812         (f) The system will not adversely affect the quality of
  813  receiving waters such that the standards applicable to waters as
  814  defined in s. 403.031(13), including any special standards for
  815  Outstanding Florida Waters, will be violated, as provided by
  816  department or district rule;
  817         (g) The system will not adversely impact the maintenance of
  818  surface or ground water levels or surface water flows
  819  established pursuant to s. 373.042, as provided by department or
  820  district rule;
  821         (h) The system will not cause adverse impacts to a work of
  822  the district established pursuant to s. 373.086, as provided by
  823  department or district rule;
  824         (i) The system will not be part of a larger plan of
  825  development or sale;
  826         (j) The system will comply with all applicable requirements
  827  of the National Pollutant Discharge Elimination System, as
  828  implemented by department or district rule; and
  829         (k) Within 10 days after the commencement of construction
  830  of the surface water management system, the professional
  831  engineer who is responsible for the design provides written
  832  notice of the commencement of construction to the department or
  833  district.
  834         (13) A general permit shall be granted for the
  835  construction, alteration, and maintenance of a surface water
  836  management system serving a total project area of up to 10
  837  acres. The construction of such a system may proceed without any
  838  agency action by the department or water management district if:
  839         (a) The total project area is less than 10 acres;
  840         (b) The total project area involves less than 2 acres of
  841  impervious surface;
  842         (c) No activities will impact wetlands or other surface
  843  waters;
  844         (d) No activities are conducted in, on, or over wetlands or
  845  other surface waters;
  846         (e) Drainage facilities will not include pipes having
  847  diameters greater than 24 inches, or the hydraulic equivalent,
  848  and will not use pumps in any manner; and
  849         (f) The project is not part of a larger common plan of
  850  development or sale.
  851         Section 21. Paragraph (u) is added to subsection (24) of
  852  section 380.06, Florida Statutes, to read:
  853         380.06 Developments of regional impact.—
  854         (24) STATUTORY EXEMPTIONS.—
  855         (u) Any proposed phosphate mine and any proposed addition
  856  to, expansion of, or change to an existing phosphate mine is
  857  exempt from the provisions of this section. Proposed changes to
  858  any previously approved solid mineral mine development-of
  859  regional-impact development orders having vested rights is not
  860  subject to further review or approval as a development of
  861  regional impact or notice of proposed change review or approval
  862  pursuant to subsection (19), except for those applications
  863  pending as of July 1, 2011, which shall be governed by s.
  864  380.115(2). Notwithstanding the foregoing, however, pursuant to
  865  s. 380.115(1), previously approved solid mineral mine
  866  development-of-regional-impact development orders shall continue
  867  to enjoy vested rights and continue to be effective unless
  868  rescinded by the developer.
  869  
  870  If a use is exempt from review as a development of regional
  871  impact under paragraphs (a)-(s), but will be part of a larger
  872  project that is subject to review as a development of regional
  873  impact, the impact of the exempt use must be included in the
  874  review of the larger project, unless such exempt use involves a
  875  development of regional impact that includes a landowner,
  876  tenant, or user that has entered into a funding agreement with
  877  the Office of Tourism, Trade, and Economic Development under the
  878  Innovation Incentive Program and the agreement contemplates a
  879  state award of at least $50 million.
  880         Section 22. Subsection (1) of section 380.0657, Florida
  881  Statutes, is amended to read:
  882         380.0657 Expedited permitting process for economic
  883  development projects.—
  884         (1) The Department of Environmental Protection and, as
  885  appropriate, the water management districts created under
  886  chapter 373 shall adopt programs to expedite the processing of
  887  wetland resource and environmental resource permits for economic
  888  development projects that have been identified by a municipality
  889  or county as meeting the definition of target industry
  890  businesses under s. 288.106, or any inland multimodal facility,
  891  receiving or sending cargo to or from Florida ports, with the
  892  exception of those projects requiring approval by the Board of
  893  Trustees of the Internal Improvement Trust Fund.
  894         Section 23. Paragraph (a) of subsection (3) and subsections
  895  (4), (5), (10), (11), (15), (17), and (18) of section 403.973,
  896  Florida Statutes, are amended to read:
  897         403.973 Expedited permitting; amendments to comprehensive
  898  plans.—
  899         (3)(a) The secretary shall direct the creation of regional
  900  permit action teams for the purpose of expediting review of
  901  permit applications and local comprehensive plan amendments
  902  submitted by:
  903         1. Businesses creating at least 50 jobs or a commercial or
  904  industrial development project that will be occupied by
  905  businesses that would individually or collectively create at
  906  least 50 jobs; or
  907         2. Businesses creating at least 25 jobs if the project is
  908  located in an enterprise zone, or in a county having a
  909  population of fewer than 75,000 or in a county having a
  910  population of fewer than 125,000 which is contiguous to a county
  911  having a population of fewer than 75,000, as determined by the
  912  most recent decennial census, residing in incorporated and
  913  unincorporated areas of the county.
  914         (4) The regional teams shall be established through the
  915  execution of a project-specific memoranda of agreement developed
  916  and executed by the applicant and the secretary, with input
  917  solicited from the office and the respective heads of the
  918  Department of Community Affairs, the Department of
  919  Transportation and its district offices, the Department of
  920  Agriculture and Consumer Services, the Fish and Wildlife
  921  Conservation Commission, appropriate regional planning councils,
  922  appropriate water management districts, and voluntarily
  923  participating municipalities and counties. The memoranda of
  924  agreement should also accommodate participation in this
  925  expedited process by other local governments and federal
  926  agencies as circumstances warrant.
  927         (5) In order to facilitate local government’s option to
  928  participate in this expedited review process, the secretary
  929  shall, in cooperation with local governments and participating
  930  state agencies, create a standard form memorandum of agreement.
  931  The standard form of the memorandum of agreement shall be used
  932  only if the local government participates in the expedited
  933  review process. In the absence of local government
  934  participation, only the project-specific memorandum of agreement
  935  executed pursuant to subsection (4) applies. A local government
  936  shall hold a duly noticed public workshop to review and explain
  937  to the public the expedited permitting process and the terms and
  938  conditions of the standard form memorandum of agreement.
  939         (10) The memoranda of agreement may provide for the waiver
  940  or modification of procedural rules prescribing forms, fees,
  941  procedures, or time limits for the review or processing of
  942  permit applications under the jurisdiction of those agencies
  943  that are members of the regional permit action team party to the
  944  memoranda of agreement. Notwithstanding any other provision of
  945  law to the contrary, a memorandum of agreement must to the
  946  extent feasible provide for proceedings and hearings otherwise
  947  held separately by the parties to the memorandum of agreement to
  948  be combined into one proceeding or held jointly and at one
  949  location. Such waivers or modifications shall not be available
  950  for permit applications governed by federally delegated or
  951  approved permitting programs, the requirements of which would
  952  prohibit, or be inconsistent with, such a waiver or
  953  modification.
  954         (11) The standard form for memoranda of agreement shall
  955  include guidelines to be used in working with state, regional,
  956  and local permitting authorities. Guidelines may include, but
  957  are not limited to, the following:
  958         (a) A central contact point for filing permit applications
  959  and local comprehensive plan amendments and for obtaining
  960  information on permit and local comprehensive plan amendment
  961  requirements;
  962         (b) Identification of the individual or individuals within
  963  each respective agency who will be responsible for processing
  964  the expedited permit application or local comprehensive plan
  965  amendment for that agency;
  966         (c) A mandatory preapplication review process to reduce
  967  permitting conflicts by providing guidance to applicants
  968  regarding the permits needed from each agency and governmental
  969  entity, site planning and development, site suitability and
  970  limitations, facility design, and steps the applicant can take
  971  to ensure expeditious permit application and local comprehensive
  972  plan amendment review. As a part of this process, the first
  973  interagency meeting to discuss a project shall be held within 14
  974  days after the secretary’s determination that the project is
  975  eligible for expedited review. Subsequent interagency meetings
  976  may be scheduled to accommodate the needs of participating local
  977  governments that are unable to meet public notice requirements
  978  for executing a memorandum of agreement within this timeframe.
  979  This accommodation may not exceed 45 days from the secretary’s
  980  determination that the project is eligible for expedited review;
  981         (d) The preparation of a single coordinated project
  982  description form and checklist and an agreement by state and
  983  regional agencies to reduce the burden on an applicant to
  984  provide duplicate information to multiple agencies;
  985         (e) Establishment of a process for the adoption and review
  986  of any comprehensive plan amendment needed by any certified
  987  project within 90 days after the submission of an application
  988  for a comprehensive plan amendment. However, the memorandum of
  989  agreement may not prevent affected persons as defined in s.
  990  163.3184 from appealing or participating in this expedited plan
  991  amendment process and any review or appeals of decisions made
  992  under this paragraph; and
  993         (f) Additional incentives for an applicant who proposes a
  994  project that provides a net ecosystem benefit.
  995         (15) The secretary office, working with the agencies
  996  providing cooperative assistance and input regarding the
  997  memoranda of agreement, shall review sites proposed for the
  998  location of facilities eligible for the Innovation Incentive
  999  Program under s. 288.1089. Within 20 days after the request for
 1000  the review by the secretary office, the agencies shall provide
 1001  to the secretary office a statement as to each site’s necessary
 1002  permits under local, state, and federal law and an
 1003  identification of significant permitting issues, which if
 1004  unresolved, may result in the denial of an agency permit or
 1005  approval or any significant delay caused by the permitting
 1006  process.
 1007         (17) The secretary office shall be responsible for
 1008  certifying a business as eligible for undergoing expedited
 1009  review under this section. Enterprise Florida, Inc., a county or
 1010  municipal government, or the Rural Economic Development
 1011  Initiative may recommend to the secretary Office of Tourism,
 1012  Trade, and Economic Development that a project meeting the
 1013  minimum job creation threshold undergo expedited review.
 1014         (18) The secretary office, working with the Rural Economic
 1015  Development Initiative and the regional permit action team
 1016  agencies participating in the memoranda of agreement, shall
 1017  provide technical assistance in preparing permit applications
 1018  and local comprehensive plan amendments for counties having a
 1019  population of fewer than 75,000 residents, or counties having
 1020  fewer than 125,000 residents which are contiguous to counties
 1021  having fewer than 75,000 residents. Additional assistance may
 1022  include, but not be limited to, guidance in land development
 1023  regulations and permitting processes, working cooperatively with
 1024  state, regional, and local entities to identify areas within
 1025  these counties which may be suitable or adaptable for
 1026  preclearance review of specified types of land uses and other
 1027  activities requiring permits.
 1028         Section 24. Subsection (10) of section 163.3180, Florida
 1029  Statutes, is amended to read:
 1030         163.3180 Concurrency.—
 1031         (10)(a) Except in transportation concurrency exception
 1032  areas, with regard to roadway facilities on the Strategic
 1033  Intermodal System designated in accordance with s. 339.63, local
 1034  governments shall adopt the level-of-service standard
 1035  established by the Department of Transportation by rule.
 1036  However, if the Office of Tourism, Trade, and Economic
 1037  Development concurs in writing with the local government that
 1038  the proposed development is for a qualified job creation project
 1039  under s. 288.0656 or s. 403.973, the affected local government,
 1040  after consulting with the Department of Transportation, may
 1041  provide for a waiver of transportation concurrency for the
 1042  project. For all other roads on the State Highway System, local
 1043  governments shall establish an adequate level-of-service
 1044  standard that need not be consistent with any level-of-service
 1045  standard established by the Department of Transportation. In
 1046  establishing adequate level-of-service standards for any
 1047  arterial roads, or collector roads as appropriate, which
 1048  traverse multiple jurisdictions, local governments shall
 1049  consider compatibility with the roadway facility’s adopted
 1050  level-of-service standards in adjacent jurisdictions. Each local
 1051  government within a county shall use a professionally accepted
 1052  methodology for measuring impacts on transportation facilities
 1053  for the purposes of implementing its concurrency management
 1054  system. Counties are encouraged to coordinate with adjacent
 1055  counties, and local governments within a county are encouraged
 1056  to coordinate, for the purpose of using common methodologies for
 1057  measuring impacts on transportation facilities for the purpose
 1058  of implementing their concurrency management systems.
 1059         (b) There shall be a limited exemption from Strategic
 1060  Intermodal System adopted level-of-service standards for new or
 1061  redevelopment projects consistent with the local comprehensive
 1062  plan as inland multimodal facilities receiving or sending cargo
 1063  for distribution and providing cargo storage, consolidation,
 1064  repackaging, and transfer of goods, and which may, if developed
 1065  as proposed, include other intermodal terminals, related
 1066  transportation facilities, warehousing and distribution
 1067  facilities, and associated office space, light industrial,
 1068  manufacturing, and assembly uses. The limited exemption applies
 1069  if the project meets all of the following criteria:
 1070         1. The project will not cause the adopted level-of-service
 1071  standards for the Strategic Intermodal System facilities to be
 1072  exceeded by more than 150 percent within the first 5 years of
 1073  the project’s development.
 1074         2. The project, upon completion, would result in the
 1075  creation of at least 50 full-time jobs.
 1076         3. The project is compatible with existing and planned
 1077  adjacent land uses.
 1078         4. The project is consistent with local and regional
 1079  economic development goals or plans.
 1080         5. The project is proximate to regionally significant road
 1081  and rail transportation facilities.
 1082         6. The project is proximate to a community having an
 1083  unemployment rate, as of the date of the development order
 1084  application, which is 10 percent or more above the statewide
 1085  reported average.
 1086         Section 25. Subsections (1) and (2), paragraph (c) of
 1087  subsection (3), and subsection (4) of section 373.4137, Florida
 1088  Statutes, are amended to read:
 1089         373.4137 Mitigation requirements for specified
 1090  transportation projects.—
 1091         (1) The Legislature finds that environmental mitigation for
 1092  the impact of transportation projects proposed by the Department
 1093  of Transportation or a transportation authority established
 1094  pursuant to chapter 348 or chapter 349 can be more effectively
 1095  achieved by regional, long-range mitigation planning rather than
 1096  on a project-by-project basis. It is the intent of the
 1097  Legislature that mitigation to offset the adverse effects of
 1098  these transportation projects be funded by the Department of
 1099  Transportation and be carried out by the water management
 1100  districts, including the use of mitigation banks and any other
 1101  mitigation options that satisfy state and federal requirements,
 1102  including, but not limited to, 33 U.S.C. s. 332.3(b) established
 1103  pursuant to this part.
 1104         (2) Environmental impact inventories for transportation
 1105  projects proposed by the Department of Transportation or a
 1106  transportation authority established pursuant to chapter 348 or
 1107  chapter 349 shall be developed as follows:
 1108         (a) By July 1 of each year, the Department of
 1109  Transportation or a transportation authority established
 1110  pursuant to chapter 348 or chapter 349 which chooses to
 1111  participate in this program shall submit to the water management
 1112  districts a list copy of its projects in the adopted work
 1113  program and an environmental impact inventory of habitats
 1114  addressed in the rules adopted pursuant to this part and s. 404
 1115  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
 1116  by its plan of construction for transportation projects in the
 1117  next 3 years of the tentative work program. The Department of
 1118  Transportation or a transportation authority established
 1119  pursuant to chapter 348 or chapter 349 may also include in its
 1120  environmental impact inventory the habitat impacts of any future
 1121  transportation project. The Department of Transportation and
 1122  each transportation authority established pursuant to chapter
 1123  348 or chapter 349 may fund any mitigation activities for future
 1124  projects using current year funds.
 1125         (b) The environmental impact inventory shall include a
 1126  description of these habitat impacts, including their location,
 1127  acreage, and type; state water quality classification of
 1128  impacted wetlands and other surface waters; any other state or
 1129  regional designations for these habitats; and a list survey of
 1130  threatened species, endangered species, and species of special
 1131  concern affected by the proposed project.
 1132         (3)
 1133         (c) Except for current mitigation projects in the
 1134  monitoring and maintenance phase and except as allowed by
 1135  paragraph (d), the water management districts may request a
 1136  transfer of funds from an escrow account no sooner than 30 days
 1137  prior to the date the funds are needed to pay for activities
 1138  associated with development or implementation of the approved
 1139  mitigation plan described in subsection (4) for the current
 1140  fiscal year, including, but not limited to, design, engineering,
 1141  production, and staff support. Actual conceptual plan
 1142  preparation costs incurred before plan approval may be submitted
 1143  to the Department of Transportation or the appropriate
 1144  transportation authority each year with the plan. The conceptual
 1145  plan preparation costs of each water management district will be
 1146  paid from mitigation funds associated with the environmental
 1147  impact inventory for the current year. The amount transferred to
 1148  the escrow accounts each year by the Department of
 1149  Transportation and participating transportation authorities
 1150  established pursuant to chapter 348 or chapter 349 shall
 1151  correspond to a cost per acre of $75,000 multiplied by the
 1152  projected acres of impact identified in the environmental impact
 1153  inventory described in subsection (2). However, the $75,000 cost
 1154  per acre does not constitute an admission against interest by
 1155  the state or its subdivisions nor is the cost admissible as
 1156  evidence of full compensation for any property acquired by
 1157  eminent domain or through inverse condemnation. Each July 1, the
 1158  cost per acre shall be adjusted by the percentage change in the
 1159  average of the Consumer Price Index issued by the United States
 1160  Department of Labor for the most recent 12-month period ending
 1161  September 30, compared to the base year average, which is the
 1162  average for the 12-month period ending September 30, 1996. Each
 1163  quarter, the projected acreage of impact shall be reconciled
 1164  with the acreage of impact of projects as permitted, including
 1165  permit modifications, pursuant to this part and s. 404 of the
 1166  Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
 1167  of funds shall be adjusted accordingly to reflect the acreage of
 1168  impacts as permitted. The Department of Transportation and
 1169  participating transportation authorities established pursuant to
 1170  chapter 348 or chapter 349 are authorized to transfer such funds
 1171  from the escrow accounts to the water management districts to
 1172  carry out the mitigation programs. Environmental mitigation
 1173  funds that are identified or maintained in an escrow account for
 1174  the benefit of a water management district may be released if
 1175  the associated transportation project is excluded in whole or
 1176  part from the mitigation plan. For a mitigation project that is
 1177  in the maintenance and monitoring phase, the water management
 1178  district may request and receive a one-time payment based on the
 1179  project’s expected future maintenance and monitoring costs. Upon
 1180  disbursement of the final maintenance and monitoring payment,
 1181  the department or the participating transportation authorities’
 1182  obligation will be satisfied, the water management district will
 1183  have continuing responsibility for the mitigation project, and
 1184  the escrow account for the project established by the Department
 1185  of Transportation or the participating transportation authority
 1186  may be closed. Any interest earned on these disbursed funds
 1187  shall remain with the water management district and must be used
 1188  as authorized under this section.
 1189         (4) Prior to March 1 of each year, each water management
 1190  district, in consultation with the Department of Environmental
 1191  Protection, the United States Army Corps of Engineers, the
 1192  Department of Transportation, participating transportation
 1193  authorities established pursuant to chapter 348 or chapter 349,
 1194  and other appropriate federal, state, and local governments, and
 1195  other interested parties, including entities operating
 1196  mitigation banks, shall develop a plan for the primary purpose
 1197  of complying with the mitigation requirements adopted pursuant
 1198  to this part and 33 U.S.C. s. 1344. In developing such plans,
 1199  the districts shall utilize sound ecosystem management practices
 1200  to address significant water resource needs and shall focus on
 1201  activities of the Department of Environmental Protection and the
 1202  water management districts, such as surface water improvement
 1203  and management (SWIM) projects and lands identified for
 1204  potential acquisition for preservation, restoration or
 1205  enhancement, and the control of invasive and exotic plants in
 1206  wetlands and other surface waters, to the extent that such
 1207  activities comply with the mitigation requirements adopted under
 1208  this part and 33 U.S.C. s. 1344. In determining the activities
 1209  to be included in such plans, the districts shall also consider
 1210  the purchase of credits from public or private mitigation banks
 1211  permitted under s. 373.4136 and associated federal authorization
 1212  and shall include such purchase as a part of the mitigation plan
 1213  when such purchase would offset the impact of the transportation
 1214  project, provide equal benefits to the water resources than
 1215  other mitigation options being considered, and provide the most
 1216  cost-effective mitigation option. The mitigation plan shall be
 1217  submitted to the water management district governing board, or
 1218  its designee, for review and approval. At least 14 days prior to
 1219  approval, the water management district shall provide a copy of
 1220  the draft mitigation plan to any person who has requested a
 1221  copy.
 1222         (a) For each transportation project with a funding request
 1223  for the next fiscal year, the mitigation plan must include a
 1224  brief explanation of why a mitigation bank was or was not chosen
 1225  as a mitigation option, including an estimation of identifiable
 1226  costs of the mitigation bank and nonbank options to the extent
 1227  practicable.
 1228         (b) Specific projects may be excluded from the mitigation
 1229  plan, in whole or in part, and shall not be subject to this
 1230  section upon the election agreement of the Department of
 1231  Transportation, or a transportation authority if applicable, or
 1232  and the appropriate water management district that the inclusion
 1233  of such projects would hamper the efficiency or timeliness of
 1234  the mitigation planning and permitting process. The water
 1235  management district may choose to exclude a project in whole or
 1236  in part if the district is unable to identify mitigation that
 1237  would offset impacts of the project.
 1238         Section 26. This act shall take effect upon becoming a law.