CS/HB 991

1	A bill to be entitled
2	An act relating to environmental permitting; amending s.
3	120.569, F.S.; authorizing the provision of certain
4	notices under the Administrative Procedure Act via a link
5	to a publicly available Internet website; providing that a
6	nonapplicant who petitions to challenge an agency's
7	issuance of a license or conceptual approval in certain
8	circumstances has the burden of ultimate persuasion and
9	the burden of going forward with evidence; amending s.
10	120.60, F.S.; revising the period for an agency to approve
11	or deny an application for a license; creating s.
12	125.0112, F.S.; providing that the construction and
13	operation of a biofuel processing facility or renewable
14	energy generating facility and the cultivation of
15	bioenergy by a local government is a valid and permitted
16	land use; providing an exception; requiring expedited
17	review of such facilities; providing that such facilities
18	are eligible for the alternative state review process;
19	amending s. 125.022, F.S.; prohibiting a county from
20	requiring an applicant to obtain a permit or approval from
21	another state or federal agency as a condition of
22	approving a development permit under certain conditions;
23	authorizing a county to attach certain disclaimers to the
24	issuance of a development permit; creating s. 161.032,
25	F.S.; requiring that the Department of Environmental
26	Protection review an application for certain permits under
27	the Beach and Shore Preservation Act and request
28	additional information within a specified time; requiring
29	that the department proceed to process the application if
30	the applicant believes that a request for additional
31	information is not authorized by law or rule; extending
32	the period for an applicant to timely submit additional
33	information, notwithstanding certain provisions of the
34	Administrative Procedure Act; amending s. 166.033, F.S.;
35	prohibiting a municipality from requiring an applicant to
36	obtain a permit or approval from another state or federal
37	agency as a condition of approving a development permit
38	under certain conditions; authorizing a county to attach
39	certain disclaimers to the issuance of a development
40	permit; creating s. 166.0447, F.S.; providing that the
41	construction and operation of a biofuel processing
42	facility or renewable energy generating facility and the
43	cultivation of bioenergy is a valid and permitted land use
44	within the unincorporated area of a municipality;
45	providing an exception; prohibiting any requirement that
46	the owner or operator of such a facility obtain
47	comprehensive plan amendments, use permits, waivers, or
48	variances, or pay any fee in excess of a specified amount;
49	amending s. 373.026, F.S.; requiring the Department of
50	Environmental Protection to expand its use of Internet-
51	based self-certification services for exemptions and
52	permits issued by the department and water management
53	districts; amending s. 373.4141, F.S.; requiring that a
54	request by the department or a water management district
55	that an applicant provide additional information be
56	accompanied by the signature of specified officials of the
57	department or district; reducing the time within which the
58	department or district must approve or deny a permit
59	application; amending s. 373.4144, F.S.; providing
60	legislative intent with respect to the coordination of
61	regulatory duties among specified state and federal
62	agencies; requiring that the department report annually to
63	the Legislature on efforts to expand the state
64	programmatic general permit or regional general permits;
65	providing for a voluntary state programmatic general
66	permit for certain dredge and fill activities; amending s.
67	373.441, F.S.; requiring that certain counties or
68	municipalities apply by a specified date to the department
69	or water management district for authority to require
70	certain permits; providing that following such delegation,
71	the department or district may not regulate activities
72	that are subject to the delegation; clarifying the
73	authority of local governments to adopt pollution control
74	programs under certain conditions; amending s. 376.30715,
75	F.S.; providing that the transfer of a contaminated site
76	from an owner to a child or corporate entity does not
77	disqualify the site from the innocent victim petroleum
78	storage system restoration financial assistance program;
79	authorizing certain applicants to reapply for financial
80	assistance; amending s. 403.061, F.S.; requiring the
81	Department of Environmental Protection to establish
82	reasonable zones of mixing for discharges into specified
83	waters; providing that certain discharges do not create
84	liability for site cleanup; providing that exceedance of
85	soil cleanup target levels is not a basis for enforcement
86	or cleanup; creating s. 403.0874, F.S.; providing a short
87	title; providing legislative findings and intent with
88	respect to the consideration of the compliance history of
89	a permit applicant; providing for applicability;
90	specifying the period of compliance history to be
91	considered is issuing or renewing a permit; providing
92	criteria to be considered by the Department of
93	Environmental Protection; authorizing expedited review of
94	permit issuance, renewal, modification, and transfer;
95	providing for a reduced number of inspections; providing
96	for extended permit duration; authorizing the department
97	to make additional incentives available under certain
98	circumstances; providing for automatic permit renewal and
99	reduced or waived fees under certain circumstances;
100	requiring the department to adopt rules that are binding
101	on a water management district or local government that
102	has been delegated certain regulatory duties; amending ss.
103	161.041 and 373.413, F.S.; specifying that s. 403.0874,
104	F.S., authorizing expedited permitting, applies to
105	provisions governing beaches and shores and surface water
106	management and storage; amending s. 403.087, F.S.;
107	revising conditions under which the department is
108	authorized to revoke a permit; amending s. 403.703, F.S.;
109	revising the term "solid waste" to exclude sludge from a
110	waste treatment works that is not discarded; amending s.
111	403.707, F.S.; revising provisions relating to disposal by
112	persons of solid waste resulting from their own activities
113	on their property; clarifying what constitutes "addressed
114	by a groundwater monitoring plan" with regard to certain
115	effects on groundwater and surface waters; authorizing the
116	disposal of solid waste over a zone of discharge;
117	providing that exceedance of soil cleanup target levels is
118	not a basis for enforcement or cleanup; extending the
119	duration of all permits issued to solid waste management
120	facilities; providing applicability; providing that
121	certain disposal of solid waste does not create liability
122	for site cleanup; amending s. 403.814, F.S.; providing for
123	issuance of general permits for the construction,
124	alteration, and maintenance of certain surface water
125	management systems without the action of the department or
126	a water management district; specifying conditions for the
127	general permits; amending s. 380.06, F.S.; exempting a
128	proposed solid mineral mine or a proposed addition or
129	expansion of an existing solid mineral mine from
130	provisions governing developments of regional impact;
131	providing certain exceptions; amending ss. 380.0657 and
132	403.973, F.S.; authorizing expedited permitting for
133	certain inland multimodal facilities and for commercial or
134	industrial development projects that individually or
135	collectively will create a minimum number of jobs;
136	providing for a project-specific memorandum of agreement
137	to apply to a project subject to expedited permitting;
138	providing for review and certification of a business as
139	eligible for expedited permitting by the Secretary of
140	Environmental Protection rather than by the Office of
141	Tourism, Trade, and Economic Development; amending s.
142	163.3180, F.S.; providing an exemption to the level-of-
143	service standards adopted under the Strategic Intermodal
144	System for certain inland multimodal facilities;
145	specifying project criteria; amending s. 373.4137, F.S.,
146	relating to transportation projects; revising legislative
147	findings with respect to the options for mitigation;
148	revising certain requirements for determining the habitat
149	impacts of transportation projects; requiring water
150	management districts to purchase credits from public or
151	private mitigation banks under certain conditions;
152	providing for the release of certain mitigation funds held
153	for the benefit of a water management district if a
154	project is excluded from a mitigation plan; revising the
155	procedure for excluding a project from a mitigation plan;
156	amending s. 526.203, F.S.; authorizing the sale of
157	unblended fuels for certain uses; revising rules of the
158	Department of Environmental Protection relating to the
159	uniform mitigation assessment method for activities in
160	surface waters and wetlands; directing the Department of
161	Environmental Protection to make additional changes to
162	conform; providing for reassessment of mitigation banks
163	under certain conditions; providing an effective date.
164
165	Be It Enacted by the Legislature of the State of Florida:
166
167	Section 1.  Subsection (1) of section 120.569, Florida
168	Statutes, is amended, and paragraph (p) is added to subsection
169	(2) of that section, to read:
170	120.569  Decisions which affect substantial interests.-
171	(1)  The provisions of this section apply in all
172	proceedings in which the substantial interests of a party are
173	determined by an agency, unless the parties are proceeding under
174	s. 120.573 or s. 120.574. Unless waived by all parties, s.
175	120.57(1) applies whenever the proceeding involves a disputed
176	issue of material fact. Unless otherwise agreed, s. 120.57(2)
177	applies in all other cases. If a disputed issue of material fact
178	arises during a proceeding under s. 120.57(2), then, unless
179	waived by all parties, the proceeding under s. 120.57(2) shall
180	be terminated and a proceeding under s. 120.57(1) shall be
181	conducted. Parties shall be notified of any order, including a
182	final order. Unless waived, a copy of the order shall be
183	delivered or mailed to each party or the party's attorney of
184	record at the address of record. Each notice shall inform the
185	recipient of any administrative hearing or judicial review that
186	is available under this section, s. 120.57, or s. 120.68; shall
187	indicate the procedure which must be followed to obtain the
188	hearing or judicial review; and shall state the time limits that
189	which apply. Notwithstanding any other provision of law, notice
190	of the procedure to obtain an administrative hearing or judicial
191	review, including any items required by the uniform rules
192	adopted pursuant to s. 120.54(5), may be provided via a link to
193	a publicly available Internet website.
194	(2)
195	(p)  For any proceeding arising under chapter 373, chapter
196	378, or chapter 403, if a nonapplicant petitions as a third
197	party to challenge an agency's issuance of a license or
198	conceptual approval, the petitioner initiating the action has
199	the burden of ultimate persuasion and, in the first instance,
200	has the burden of going forward with the evidence.
201	Notwithstanding subsection (1), this paragraph applies to
202	proceedings under s. 120.574.
203	Section 2.  Subsection (1) of section 120.60, Florida
204	Statutes, as amended by chapter 2010-279, Laws of Florida, is
205	amended to read:
206	120.60  Licensing.-
207	(1)  Upon receipt of a license application, an agency shall
208	examine the application and, within 30 days after such receipt,
209	notify the applicant of any apparent errors or omissions and
210	request any additional information the agency is permitted by
211	law to require. An agency may not deny a license for failure to
212	correct an error or omission or to supply additional information
213	unless the agency timely notified the applicant within this 30-
214	day period. The agency may establish by rule the time period for
215	submitting any additional information requested by the agency.
216	For good cause shown, the agency shall grant a request for an
217	extension of time for submitting the additional information. If
218	the applicant believes the agency's request for additional
219	information is not authorized by law or rule, the agency, at the
220	applicant's request, shall proceed to process the application.
221	An application is complete upon receipt of all requested
222	information and correction of any error or omission for which
223	the applicant was timely notified or when the time for such
224	notification has expired. An application for a license must be
225	approved or denied within 60 90 days after receipt of a
226	completed application unless a shorter period of time for agency
227	action is provided by law. The 60-day 90-day time period is
228	tolled by the initiation of a proceeding under ss. 120.569 and
229	120.57. Any application for a license which is not approved or
230	denied within the 60-day 90-day or shorter time period, within
231	15 days after conclusion of a public hearing held on the
232	application, or within 45 days after a recommended order is
233	submitted to the agency and the parties, whichever action and
234	timeframe is latest and applicable, is considered approved
235	unless the recommended order recommends that the agency deny the
236	license. Subject to the satisfactory completion of an
237	examination if required as a prerequisite to licensure, any
238	license that is considered approved shall be issued and may
239	include such reasonable conditions as are authorized by law. Any
240	applicant for licensure seeking to claim licensure by default
241	under this subsection shall notify the agency clerk of the
242	licensing agency, in writing, of the intent to rely upon the
243	default license provision of this subsection, and may not take
244	any action based upon the default license until after receipt of
245	such notice by the agency clerk.
246	Section 3.  Section 125.0112, Florida Statutes, is created
247	to read:
248	125.0112  Biofuels and renewable energy.-The construction
249	and operation of a biofuel processing facility or a renewable
250	energy generating facility, as defined in s. 366.91(2)(d), and
251	the cultivation and production of bioenergy, as defined pursuant
252	to s. 163.3177, except where biomass material derived from
253	municipal solid waste or landfill gases provides the renewable
254	energy for such facilities, shall be considered by a local
255	government to be a valid industrial, agricultural, and
256	silvicultural use permitted within those land use categories in
257	the local comprehensive land use plan. If the local
258	comprehensive plan does not specifically allow for the
259	construction of a biofuel processing facility or renewable
260	energy facility, the local government shall establish a specific
261	review process that may include expediting local review of any
262	necessary comprehensive plan amendment, zoning change, use
263	permit, waiver, variance, or special exemption. Local expedited
264	review of a proposed biofuel processing facility or a renewable
265	energy facility does not obligate a local government to approve
266	such proposed use. A comprehensive plan amendment necessary to
267	accommodate a biofuel processing facility or renewable energy
268	facility shall, if approved by the local government, be eligible
269	for the alternative state review process in s. 163.32465. The
270	construction and operation of a facility and related
271	improvements on a portion of a property under this section does
272	not affect the remainder of the property's classification as
273	agricultural under s. 193.461.
274	Section 4.  Section 125.022, Florida Statutes, is amended
275	to read:
276	125.022  Development permits.-When a county denies an
277	application for a development permit, the county shall give
278	written notice to the applicant. The notice must include a
279	citation to the applicable portions of an ordinance, rule,
280	statute, or other legal authority for the denial of the permit.
281	As used in this section, the term "development permit" has the
282	same meaning as in s. 163.3164. A county may not require as a
283	condition of approval for a development permit that an applicant
284	obtain a permit or approval from any other state or federal
285	agency unless the agency has issued a notice of intent to deny
286	the federal or state permit before the county action on the
287	local development permit. Issuance of a development permit by a
288	county does not in any way create any rights on the part of the
289	applicant to obtain a permit from another state or federal
290	agency and does not create any liability on the part of the
291	county for issuance of the permit if the applicant fails to
292	fulfill its legal obligations to obtain requisite approvals or
293	fulfill the obligations imposed by another state or a federal
294	agency. A county may attach such a disclaimer to the issuance of
295	a development permit, and may include a permit condition that
296	all other applicable state or federal permits be obtained before
297	commencement of the development. This section does not prohibit
298	a county from providing information to an applicant regarding
299	what other state or federal permits may apply.
300	Section 5.  Section 161.032, Florida Statutes, is created
301	to read:
302	161.032  Application review; request for additional
303	information.-
304	(1)  Within 30 days after receipt of an application for a
305	permit under this part, the department shall review the
306	application and shall request submission of any additional
307	information the department is permitted by law to require. If
308	the applicant believes that a request for additional information
309	is not authorized by law or rule, the applicant may request a
310	hearing pursuant to s. 120.57. Within 30 days after receipt of
311	such additional information, the department shall review such
312	additional information and may request only that information
313	needed to clarify such additional information or to answer new
314	questions raised by or directly related to such additional
315	information. If the applicant believes that the request for such
316	additional information by the department is not authorized by
317	law or rule, the department, at the applicant's request, shall
318	proceed to process the permit application.
319	(2)  Notwithstanding s. 120.60, an applicant for a permit
320	under this part has 90 days after the date of a timely request
321	for additional information to submit such information. If an
322	applicant requires more than 90 days in order to respond to a
323	request for additional information, the applicant must notify
324	the agency processing the permit application in writing of the
325	circumstances, at which time the application shall be held in
326	active status for no more than one additional period of up to 90
327	days. Additional extensions may be granted for good cause shown
328	by the applicant. A showing that the applicant is making a
329	diligent effort to obtain the requested additional information
330	constitutes good cause. Failure of an applicant to provide the
331	timely requested information by the applicable deadline shall
332	result in denial of the application without prejudice.
333	Section 6.  Section 166.033, Florida Statutes, is amended
334	to read:
335	166.033  Development permits.-When a municipality denies an
336	application for a development permit, the municipality shall
337	give written notice to the applicant. The notice must include a
338	citation to the applicable portions of an ordinance, rule,
339	statute, or other legal authority for the denial of the permit.
340	As used in this section, the term "development permit" has the
341	same meaning as in s. 163.3164. A municipality may not require
342	as a condition of approval for a development permit that an
343	applicant obtain a permit or approval from any other state or
344	federal agency unless the agency has issued a notice of intent
345	to deny the federal or state permit before the municipal action
346	on the local development permit. Issuance of a development
347	permit by a municipality does not in any way create any right on
348	the part of an applicant to obtain a permit from another state
349	or federal agency and does not create any liability on the part
350	of the municipality for issuance of the permit if the applicant
351	fails to fulfill its legal obligations to obtain requisite
352	approvals or fulfill the obligations imposed by another state or
353	federal agency. A municipality may attach such a disclaimer to
354	the issuance of development permits and may include a permit
355	condition that all other applicable state or federal permits be
356	obtained before commencement of the development. This section
357	does not prohibit a municipality from providing information to
358	an applicant regarding what other state or federal permits may
359	apply.
360	Section 7.  Section 166.0447, Florida Statutes, is created
361	to read:
362	166.0447  Biofuels and renewable energy.-The construction
363	and operation of a biofuel processing facility or a renewable
364	energy generating facility, as defined in s. 366.91(2)(d), and
365	the cultivation and production of bioenergy, as defined pursuant
366	to s. 163.3177, except where biomass material derived from
367	municipal solid waste or landfill gases provides the renewable
368	energy for such facilities, are each a valid industrial,
369	agricultural, and silvicultural use permitted within those land
370	use categories in the local comprehensive land use plan and for
371	purposes of any local zoning regulation within an unincorporated
372	area of a municipality. Such comprehensive land use plans and
373	local zoning regulations may not require the owner or operator
374	of a biofuel processing facility or a renewable energy
375	generating facility to obtain any comprehensive plan amendment,
376	rezoning, special exemption, use permit, waiver, or variance, or
377	to pay any special fee in excess of $1,000 to operate in an area
378	zoned for or categorized as industrial, agricultural, or
379	silvicultural use. This section does not exempt biofuel
380	processing facilities and renewable energy generating facilities
381	from complying with building code requirements. The construction
382	and operation of a facility and related improvements on a
383	portion of a property pursuant to this section does not affect
384	the remainder of that property's classification as agricultural
385	pursuant to s. 193.461.
386	Section 8.  Subsection (10) is added to section 373.026,
387	Florida Statutes, to read:
388	373.026  General powers and duties of the department.-The
389	department, or its successor agency, shall be responsible for
390	the administration of this chapter at the state level. However,
391	it is the policy of the state that, to the greatest extent
392	possible, the department may enter into interagency or
393	interlocal agreements with any other state agency, any water
394	management district, or any local government conducting programs
395	related to or materially affecting the water resources of the
396	state. All such agreements shall be subject to the provisions of
397	s. 373.046. In addition to its other powers and duties, the
398	department shall, to the greatest extent possible:
399	(10)  Expand the use of Internet-based self-certification
400	services for appropriate exemptions and general permits issued
401	by the department and the water management districts, if such
402	expansion is economically feasible. In addition to expanding the
403	use of Internet-based self-certification services for
404	appropriate exemptions and general permits, the department and
405	water management districts shall identify and develop general
406	permits for activities currently requiring individual review
407	which could be expedited through the use of professional
408	certification.
409	Section 9.  Section 373.4141, Florida Statutes, is amended
410	to read:
411	373.4141  Permits; processing.-
412	(1)  Within 30 days after receipt of an application for a
413	permit under this part, the department or the water management
414	district shall review the application and shall request
415	submittal of all additional information the department or the
416	water management district is permitted by law to require. If the
417	applicant believes any request for additional information is not
418	authorized by law or rule, the applicant may request a hearing
419	pursuant to s. 120.57. Within 30 days after receipt of such
420	additional information, the department or water management
421	district shall review it and may request only that information
422	needed to clarify such additional information or to answer new
423	questions raised by or directly related to such additional
424	information. If the applicant believes the request of the
425	department or water management district for such additional
426	information is not authorized by law or rule, the department or
427	water management district, at the applicant's request, shall
428	proceed to process the permit application. In order to ensure
429	the proper scope and necessity for the information requested, a
430	second request for additional information, if any, must be
431	signed by the supervisor of the project manager. A third request
432	for additional information, if any, must be signed by the
433	division director who oversees the program area. A fourth
434	request for additional information, if any, must be signed by
435	the assistant secretary of the department or the assistant
436	executive director of the district. Any additional request for
437	information must be signed by the secretary of the department or
438	the executive director of the district.
439	(2)  A permit shall be approved or denied within 60 90 days
440	after receipt of the original application, the last item of
441	timely requested additional material, or the applicant's written
442	request to begin processing the permit application.
443	(3)  Processing of applications for permits for affordable
444	housing projects shall be expedited to a greater degree than
445	other projects.
446	Section 10.  Section 373.4144, Florida Statutes, is amended
447	to read:
448	373.4144  Federal environmental permitting.-
449	(1)  It is the intent of the Legislature to:
450	(a)  Facilitate coordination and a more efficient process
451	of implementing regulatory duties and functions between the
452	Department of Environmental Protection, the water management
453	districts, the United States Army Corps of Engineers, the United
454	States Fish and Wildlife Service, the National Marine Fisheries
455	Service, the United States Environmental Protection Agency, the
456	Fish and Wildlife Conservation Commission, and other relevant
457	federal and state agencies.
458	(b)  Authorize the Department of Environmental Protection
459	to obtain issuance by the United States Army Corps of Engineers,
460	pursuant to state and federal law and as set forth in this
461	section, of an expanded state programmatic general permit, or a
462	series of regional general permits, for categories of activities
463	in waters of the United States governed by the Clean Water Act
464	and in navigable waters under the Rivers and Harbors Act of 1899
465	which are similar in nature, which will cause only minimal
466	adverse environmental effects when performed separately, and
467	which will have only minimal cumulative adverse effects on the
468	environment.
469	(c)  Use the mechanism of such a state general permit or
470	such regional general permits to eliminate overlapping federal
471	regulations and state rules that seek to protect the same
472	resource and to avoid duplication of permitting between the
473	United States Army Corps of Engineers and the department for
474	minor work located in waters of the United States, including
475	navigable waters, thus eliminating, in appropriate cases, the
476	need for a separate individual approval from the United States
477	Army Corps of Engineers while ensuring the most stringent
478	protection of wetland resources.
479	(d)  Direct the department not to seek issuance of or take
480	any action pursuant to any such permit or permits unless such
481	conditions are at least as protective of the environment and
482	natural resources as existing state law under this part and
483	federal law under the Clean Water Act and the Rivers and Harbors
484	Act of 1899. The department is directed to develop, on or before
485	October 1, 2005, a mechanism or plan to consolidate, to the
486	maximum extent practicable, the federal and state wetland
487	permitting programs. It is the intent of the Legislature that
488	all dredge and fill activities impacting 10 acres or less of
489	wetlands or waters, including navigable waters, be processed by
490	the state as part of the environmental resource permitting
491	program implemented by the department and the water management
492	districts. The resulting mechanism or plan shall analyze and
493	propose the development of an expanded state programmatic
494	general permit program in conjunction with the United States
495	Army Corps of Engineers pursuant to s. 404 of the Clean Water
496	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
497	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
498	or in combination with an expanded state programmatic general
499	permit, the mechanism or plan may propose the creation of a
500	series of regional general permits issued by the United States
501	Army Corps of Engineers pursuant to the referenced statutes. All
502	of the regional general permits must be administered by the
503	department or the water management districts or their designees.
504	(2)  In order to effectuate efficient wetland permitting
505	and avoid duplication, the department and water management
506	districts are authorized to implement a voluntary state
507	programmatic general permit for all dredge and fill activities
508	impacting 3 acres or less of wetlands or other surface waters,
509	including navigable waters, subject to agreement with the United
510	States Army Corps of Engineers, if the general permit is at
511	least as protective of the environment and natural resources as
512	existing state law under this part and federal law under the
513	Clean Water Act and the Rivers and Harbors Act of 1899. The
514	department is directed to file with the Speaker of the House of
515	Representatives and the President of the Senate a report
516	proposing any required federal and state statutory changes that
517	would be necessary to accomplish the directives listed in this
518	section and to coordinate with the Florida Congressional
519	Delegation on any necessary changes to federal law to implement
520	the directives.
521	(3)  Nothing in this section shall be construed to preclude
522	the department from pursuing a series of regional general
523	permits for construction activities in wetlands or surface
524	waters or complete assumption of federal permitting programs
525	regulating the discharge of dredged or fill material pursuant to
526	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
527	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
528	Act of 1899, so long as the assumption encompasses all dredge
529	and fill activities in, on, or over jurisdictional wetlands or
530	waters, including navigable waters, within the state.
531	Section 11.  Present subsections (3), (4), and (5) of
532	section 373.441, Florida Statutes, are renumbered as subsections
533	(6), (7), and (8), respectively, and new subsections (3), (4),
534	and (5) are added to that section to read:
535	373.441  Role of counties, municipalities, and local
536	pollution control programs in permit processing; delegation.-
537	(3)  A county having a population of 75,000 or more or a
538	municipality having a population of more than 50,000 that
539	implements a local pollution control program regulating wetlands
540	or surface waters throughout its geographic boundary must apply
541	for delegation of state environmental resource permitting
542	authority on or before June 1, 2012. A county, municipality, or
543	local pollution control program that fails to apply for
544	delegation of authority may not require permits that in part or
545	in full are substantially similar to the requirements needed to
546	obtain an environmental resource permit.
547	(4)  Upon delegation to a qualified local government, the
548	department and water management district may not regulate the
549	activities subject to the delegation within that jurisdiction
550	unless regulation is required pursuant to the terms of the
551	delegation agreement.
552	(5)  This section does not prohibit or limit a local
553	government from adopting a pollution control program regulating
554	wetlands or surface waters after June 1, 2012, if the local
555	government applies for delegation of state environmental
556	resource permitting authority within 1 year after adopting such
557	a program.
558	Section 12.  Section 376.30715, Florida Statutes, is
559	amended to read:
560	376.30715  Innocent victim petroleum storage system
561	restoration.-A contaminated site acquired by the current owner
562	prior to July 1, 1990, which has ceased operating as a petroleum
563	storage or retail business prior to January 1, 1985, is eligible
564	for financial assistance pursuant to s. 376.305(6),
565	notwithstanding s. 376.305(6)(a). For purposes of this section,
566	the term "acquired" means the acquisition of title to the
567	property; however, a subsequent transfer of the property to a
568	spouse or child, a surviving spouse or child in trust or free of
569	trust, or a revocable trust created for the benefit of the
570	settlor, or a corporate entity created by the owner to hold
571	title to the site does not disqualify the site from financial
572	assistance pursuant to s. 376.305(6) and applicants previously
573	denied coverage may reapply. Eligible sites shall be ranked in
574	accordance with s. 376.3071(5).
575	Section 13.  Section 403.0874, Florida Statutes, is created
576	to read:
577	403.0874  Incentive-based permitting program.-
578	(1)  SHORT TITLE.-This section may be cited as the "Florida
579	Incentive-based Permitting Act."
580	(2)  FINDINGS AND INTENT.-The Legislature finds and
581	declares that the department should consider compliance history
582	when deciding whether to issue, renew, amend, or modify a permit
583	by evaluating an applicant's site-specific and program-specific
584	relevant aggregate compliance history. Persons having a history
585	of complying with applicable permits or state environmental laws
586	and rules are eligible for permitting benefits, including, but
587	not limited to, expedited permit application reviews, longer-
588	duration permit periods, decreased announced compliance
589	inspections, and other similar regulatory and compliance
590	incentives to encourage and reward such persons for their
591	environmental performance.
592	(3)  APPLICABILITY.-
593	(a)  This section applies to all persons and regulated
594	activities that are subject to the permitting requirements of
595	chapter 161, chapter 373, or this chapter, and all other
596	applicable state or federal laws that govern activities for the
597	purpose of protecting the environment or the public health from
598	pollution or contamination.
599	(b)  Notwithstanding paragraph (a), this section does not
600	apply to certain permit actions or environmental permitting laws
601	such as:
602	1.  Environmental permitting or authorization laws that
603	regulate activities for the purpose of zoning, growth
604	management, or land use; or
605	2.  Any federal law or program delegated or assumed by the
606	state to the extent that implementation of this section, or any
607	part of this section, would jeopardize the ability of the state
608	to retain such delegation or assumption.
609	(c)  As used in this section, a the term "regulated
610	activity" means any activity, including, but not limited to, the
611	construction or operation of a facility, installation, system,
612	or project, for which a permit, certification, or authorization
613	is required under chapter 161, chapter 373, or this chapter.
614	(4)  COMPLIANCE HISTORY.-The compliance history period
615	shall be the 5 years before the date any permit or renewal
616	application is received by the department. Any person is
617	entitled to the incentives under paragraph (5)(a) if:
618	(a)1.  The applicant has conducted the regulated activity
619	at the same site for which the permit or renewal is sought for
620	at least 4 of the 5 years before the date the permit application
621	is received by the department; or
622	2.  The applicant has conducted the same regulated activity
623	at a different site within the state for at least 4 of the 5
624	years before the date the permit or renewal application is
625	received by the department; and
626	(b)  In the 5 years before the date the permit or renewal
627	application is received by the department or water management
628	district, the applicant has not been subject to a formal
629	administrative or civil judgment or criminal conviction whereby
630	an administrative law judge or civil or criminal court found the
631	applicant knowingly violated the applicable law or rule and the
632	violation was the proximate cause that resulted in significant
633	harm to human health or the environment. Administrative
634	settlement or consent orders, whether formal or informal, are
635	not judgments for purposes of this section unless entered into
636	as a result of significant harm to human health or the
637	environment.
638	(5)  COMPLIANCE INCENTIVES.-
639	(a)  An applicant shall request all applicable incentives
640	at the time of application submittal. Unless otherwise
641	prohibited by state or federal law, rule, or regulation, and if
642	the applicant meets all other applicable criteria for the
643	issuance of a permit or authorization, an applicant is entitled
644	to the following incentives:
645	1.  Expedited reviews on permit actions, including, but not
646	limited to, initial permit issuance, renewal, modification, and
647	transfer, if applicable. Expedited review means, at a minimum,
648	that any request for additional information regarding a permit
649	application shall be issued no later than 15 days after the
650	application is filed, and final agency action shall be taken no
651	later than 45 days after the application is deemed complete;
652	2.  Priority review of permit application;
653	3.  Reduced number of routine compliance inspections;
654	4.  No more than two requests for additional information
655	under s. 120.60; and
656	5.  Longer permit period durations.
657	(b)  The department shall identify and make available
658	additional incentives to persons who demonstrate during a 10-
659	year compliance history period the implementation of activities
660	or practices that resulted in:
661	1.  Reductions in actual or permitted discharges or
662	emissions;
663	2.  Reductions in the impacts of regulated activities on
664	public lands or natural resources;
665	3.  Implementation of voluntary environmental performance
666	programs, such as environmental management systems; and
667	4.  In the 10 years before the date the renewal application
668	is received by the department, the applicant having not been
669	subject to a formal administrative or civil judgment or criminal
670	conviction whereby an administrative law judge or civil or
671	criminal court found the applicant knowingly violated the
672	applicable law or rule and the violation was the proximate cause
673	that resulted in significant harm to human health or the
674	environment. Administrative settlement or consent orders,
675	whether formal or informal, are not judgments for purposes of
676	this section unless entered into as a result of significant harm
677	to the human health or the environment.
678	(c)  Any person meeting one of the criteria in subparagraph
679	(b)1.-3., and the criteria in subparagraph (b)4., is entitled to
680	the following incentives:
681	1.  Automatic permit renewals if there are no substantial
682	deviations or modifications in permitted activities or changed
683	circumstances; and
684	2.  Reduced or waived application fees.
685	(6)  RULEMAKING.-The department shall implement rulemaking
686	within 6 months after the effective date of this act. Such
687	rulemaking may identify additional incentives and programs not
688	expressly enumerated under this section, so long as each
689	incentive is consistent with the Legislature's purpose and
690	intent of this section. Any rule adopted by the department to
691	administer this section shall be deemed an invalid exercise of
692	delegated legislative authority if the department cannot
693	demonstrate how such rules will produce the compliance
694	incentives set forth in subsection (5). The department's rules
695	adopted under this section are binding on the water management
696	districts and any local government that has been delegated or
697	assumed a regulatory program to which this section applies.
698	Section 14.  Subsection (5) is added to section 161.041,
699	Florida Statutes, to read:
700	161.041  Permits required.-
701	(5)  The provisions of s. 403.0874, relating to the
702	incentive-based permitting program, apply to all permits issued
703	under this chapter.
704	Section 15.  Subsection (6) is added to section 373.413,
705	Florida Statutes, to read:
706	373.413  Permits for construction or alteration.-
707	(6)  The provisions of s. 403.0874, relating to the
708	incentive-based permitting program, apply to permits issued
709	under this section.
710	Section 16.  Subsection (11) of section 403.061, Florida
711	Statutes, is amended to read:
712	403.061  Department; powers and duties.-The department
713	shall have the power and the duty to control and prohibit
714	pollution of air and water in accordance with the law and rules
715	adopted and promulgated by it and, for this purpose, to:
716	(11)  Establish ambient air quality and water quality
717	standards for the state as a whole or for any part thereof, and
718	also standards for the abatement of excessive and unnecessary
719	noise. The department shall is authorized to establish
720	reasonable zones of mixing for discharges into waters where
721	assimilative capacity in the receiving water is available. Zones
722	of discharge to groundwater are authorized to a facility or
723	owner's property boundary and extending to the base of a
724	specifically designated aquifer or aquifers. Discharges that
725	occur within a zone of discharge or on land that is over a zone
726	of discharge do not create liability under this chapter or
727	chapter 376 for site cleanup and the exceedance of soil cleanup
728	target levels is not a basis for enforcement or site cleanup.
729	(a)  When a receiving body of water fails to meet a water
730	quality standard for pollutants set forth in department rules, a
731	steam electric generating plant discharge of pollutants that is
732	existing or licensed under this chapter on July 1, 1984, may
733	nevertheless be granted a mixing zone, provided that:
734	1.  The standard would not be met in the water body in the
735	absence of the discharge;
736	2.  The discharge is in compliance with all applicable
737	technology-based effluent limitations;
738	3.  The discharge does not cause a measurable increase in
739	the degree of noncompliance with the standard at the boundary of
740	the mixing zone; and
741	4.  The discharge otherwise complies with the mixing zone
742	provisions specified in department rules.
743	(b)  No mixing zone for point source discharges shall be
744	permitted in Outstanding Florida Waters except for:
745	1.  Sources that have received permits from the department
746	prior to April 1, 1982, or the date of designation, whichever is
747	later;
748	2.  Blowdown from new power plants certified pursuant to
749	the Florida Electrical Power Plant Siting Act;
750	3.  Discharges of water necessary for water management
751	purposes which have been approved by the governing board of a
752	water management district and, if required by law, by the
753	secretary; and
754	4.  The discharge of demineralization concentrate which has
755	been determined permittable under s. 403.0882 and which meets
756	the specific provisions of s. 403.0882(4)(a) and (b), if the
757	proposed discharge is clearly in the public interest.
758	(c)  The department, by rule, shall establish water quality
759	criteria for wetlands which criteria give appropriate
760	recognition to the water quality of such wetlands in their
761	natural state.
762
763	Nothing in this act shall be construed to invalidate any
764	existing department rule relating to mixing zones. The
765	department shall cooperate with the Department of Highway Safety
766	and Motor Vehicles in the development of regulations required by
767	s. 316.272(1).
768
769	The department shall implement such programs in conjunction with
770	its other powers and duties and shall place special emphasis on
771	reducing and eliminating contamination that presents a threat to
772	humans, animals or plants, or to the environment.
773	Section 17.  Subsection (7) of section 403.087, Florida
774	Statutes, is amended to read:
775	403.087  Permits; general issuance; denial; revocation;
776	prohibition; penalty.-
777	(7)  A permit issued pursuant to this section shall not
778	become a vested right in the permittee. The department may
779	revoke any permit issued by it if it finds that the permitholder
780	knowingly:
781	(a)  Has Submitted false or inaccurate information in the
782	his or her application for such permit;
783	(b)  Has Violated law, department orders, rules, or
784	regulations, or permit conditions which directly relate to such
785	permit and has refused to correct or cure such violations when
786	requested to do so;
787	(c)  Has Failed to submit operational reports or other
788	information required by department rule which directly relate to
789	such permit and has refused to correct or cure such violations
790	when requested to do so or regulation; or
791	(d)  Has Refused lawful inspection under s. 403.091 at the
792	facility authorized by such permit.
793	Section 18.  Subsection (32) of section 403.703, Florida
794	Statutes, is amended to read:
795	403.703  Definitions.-As used in this part, the term:
796	(32)  "Solid waste" means sludge unregulated under the
797	federal Clean Water Act or Clean Air Act, sludge from a waste
798	treatment works, water supply treatment plant, or air pollution
799	control facility, or garbage, rubbish, refuse, special waste, or
800	other discarded material, including solid, liquid, semisolid, or
801	contained gaseous material resulting from domestic, industrial,
802	commercial, mining, agricultural, or governmental operations.
803	Recovered materials as defined in subsection (24) are not solid
804	waste. The term does not include sludge from a waste treatment
805	works if the sludge is not discarded.
806	Section 19.  Subsections (2) and (3) of section 403.707,
807	Florida Statutes, are amended to read:
808	403.707  Permits.-
809	(2)  Except as provided in s. 403.722(6), a permit under
810	this section is not required for the following, if the activity
811	does not create a public nuisance or any condition adversely
812	affecting the environment or public health and does not violate
813	other state or local laws, ordinances, rules, regulations, or
814	orders:
815	(a)  Disposal by persons of solid waste resulting from
816	their own activities on their own property, if such waste is
817	ordinary household waste from their residential property or is
818	rocks, soils, trees, tree remains, and other vegetative matter
819	that normally result from land development operations. Disposal
820	of materials that could create a public nuisance or adversely
821	affect the environment or public health, such as white goods;
822	automotive materials, such as batteries and tires; petroleum
823	products; pesticides; solvents; or hazardous substances, is not
824	covered under this exemption.
825	(b)  Storage in containers by persons of solid waste
826	resulting from their own activities on their property, leased or
827	rented property, or property subject to a homeowners or
828	maintenance association for which the person contributes
829	association assessments, if the solid waste in such containers
830	is collected at least once a week.
831	(c)  Disposal by persons of solid waste resulting from
832	their own activities on their property, if:
833	1.  The environmental effects of such disposal on
834	groundwater and surface waters are:
835	a.1.  Addressed or authorized by a site certification order
836	issued under part II or a permit issued by the department under
837	this chapter or rules adopted pursuant to this chapter; or
838	b.2.  Addressed or authorized by, or exempted from the
839	requirement to obtain, a groundwater monitoring plan approved by
840	the department. As used in this sub-subparagraph, "addressed by
841	a groundwater monitoring plan" means the plan is sufficient to
842	monitor groundwater or surface water for contaminants of
843	concerns associated with the solid waste being disposed. A
844	groundwater monitoring plan can be demonstrated to be sufficient
845	irrespective of whether the groundwater monitoring plan or
846	disposal is referenced in a department permit or other
847	authorization.
848	2.  The disposal of solid waste takes place within an area
849	which is over a zone of discharge.
850
851	The disposal of solid waste pursuant to this paragraph does not
852	create liability under this chapter or chapter 376 for site
853	cleanup and the exceedance of soil cleanup target levels is not
854	a basis for enforcement or site cleanup.
855	(d)  Disposal by persons of solid waste resulting from
856	their own activities on their own property, if such disposal
857	occurred prior to October 1, 1988.
858	(e)  Disposal of solid waste resulting from normal farming
859	operations as defined by department rule. Polyethylene
860	agricultural plastic, damaged, nonsalvageable, untreated wood
861	pallets, and packing material that cannot be feasibly recycled,
862	which are used in connection with agricultural operations
863	related to the growing, harvesting, or maintenance of crops, may
864	be disposed of by open burning if a public nuisance or any
865	condition adversely affecting the environment or the public
866	health is not created by the open burning and state or federal
867	ambient air quality standards are not violated.
868	(f)  The use of clean debris as fill material in any area.
869	However, this paragraph does not exempt any person from
870	obtaining any other required permits, and does not affect a
871	person's responsibility to dispose of clean debris appropriately
872	if it is not to be used as fill material.
873	(g)  Compost operations that produce less than 50 cubic
874	yards of compost per year when the compost produced is used on
875	the property where the compost operation is located.
876	(3)  All applicable provisions of ss. 403.087 and 403.088,
877	relating to permits, apply to the control of solid waste
878	management facilities. Additionally, any permit issued to a
879	solid waste management facility shall be for 20 years. This
880	provision applies to all solid waste management facilities that
881	obtain an operating or construction permit or renew an existing
882	operating or construction permit on or after July 1, 2012.
883	Section 20.  Subsection (12) is added to section 403.814,
884	Florida Statutes, to read:
885	403.814  General permits; delegation.-
886	(12)  A general permit shall be granted for the
887	construction, alteration, and maintenance of a surface water
888	management system serving a total project area of up to 10
889	acres. The construction of such a system may proceed without any
890	agency action by the department or water management district if:
891	(a)  The total project area is less than 10 acres;
892	(b)  The total project area involves less than 2 acres of
893	impervious surface;
894	(c)  No activities will impact wetlands or other surface
895	waters;
896	(d)  No activities are conducted in, on, or over wetlands
897	or other surface waters;
898	(e)  Drainage facilities will not include pipes having
899	diameters greater than 24 inches, or the hydraulic equivalent,
900	and will not use pumps in any manner; and
901	(f)  The project is not part of a larger common plan of
902	development or sale.
903	Section 21.  Paragraph (u) is added to subsection (24) of
904	section 380.06, Florida Statutes, to read:
905	380.06  Developments of regional impact.-
906	(24)  STATUTORY EXEMPTIONS.-
907	(u)  Any proposed solid mineral mine and any proposed
908	addition to, expansion of, or change to an existing solid
909	mineral mine is exempt from the provisions of this section.
910	Proposed changes to any previously approved solid mineral mine
911	development-of-regional-impact development orders having vested
912	rights is not subject to further review or approval as a
913	development of regional impact or notice of proposed change
914	review or approval pursuant to subsection (19), except for those
915	applications pending as of July 1, 2011, which shall be governed
916	by s. 380.115(2). Notwithstanding the foregoing, however,
917	pursuant to s. 380.115(1), previously approved solid mineral
918	mine development-of-regional-impact development orders shall
919	continue to enjoy vested rights and continue to be effective
920	unless rescinded by the developer.
921
922	If a use is exempt from review as a development of regional
923	impact under paragraphs (a)-(s), but will be part of a larger
924	project that is subject to review as a development of regional
925	impact, the impact of the exempt use must be included in the
926	review of the larger project, unless such exempt use involves a
927	development of regional impact that includes a landowner,
928	tenant, or user that has entered into a funding agreement with
929	the Office of Tourism, Trade, and Economic Development under the
930	Innovation Incentive Program and the agreement contemplates a
931	state award of at least $50 million.
932	Section 22.  Subsection (1) of section 380.0657, Florida
933	Statutes, is amended to read:
934	380.0657  Expedited permitting process for economic
935	development projects.-
936	(1)  The Department of Environmental Protection and, as
937	appropriate, the water management districts created under
938	chapter 373 shall adopt programs to expedite the processing of
939	wetland resource and environmental resource permits for economic
940	development projects that have been identified by a municipality
941	or county as meeting the definition of target industry
942	businesses under s. 288.106, or any inland multimodal facility,
943	receiving or sending cargo to or from Florida ports, with the
944	exception of those projects requiring approval by the Board of
945	Trustees of the Internal Improvement Trust Fund.
946	Section 23.  Paragraph (a) of subsection (3) and
947	subsections (4), (5), (10), (11), (15), (17), and (18) of
948	section 403.973, Florida Statutes, are amended to read:
949	403.973  Expedited permitting; amendments to comprehensive
950	plans.-
951	(3)(a)  The secretary shall direct the creation of regional
952	permit action teams for the purpose of expediting review of
953	permit applications and local comprehensive plan amendments
954	submitted by:
955	1.  Businesses creating at least 50 jobs or a commercial or
956	industrial development project that will be occupied by
957	businesses that would individually or collectively create at
958	least 50 jobs; or
959	2.  Businesses creating at least 25 jobs if the project is
960	located in an enterprise zone, or in a county having a
961	population of fewer than 75,000 or in a county having a
962	population of fewer than 125,000 which is contiguous to a county
963	having a population of fewer than 75,000, as determined by the
964	most recent decennial census, residing in incorporated and
965	unincorporated areas of the county.
966	(4)  The regional teams shall be established through the
967	execution of a project-specific memoranda of agreement developed
968	and executed by the applicant and the secretary, with input
969	solicited from the office and the respective heads of the
970	Department of Community Affairs, the Department of
971	Transportation and its district offices, the Department of
972	Agriculture and Consumer Services, the Fish and Wildlife
973	Conservation Commission, appropriate regional planning councils,
974	appropriate water management districts, and voluntarily
975	participating municipalities and counties. The memoranda of
976	agreement should also accommodate participation in this
977	expedited process by other local governments and federal
978	agencies as circumstances warrant.
979	(5)  In order to facilitate local government's option to
980	participate in this expedited review process, the secretary
981	shall, in cooperation with local governments and participating
982	state agencies, create a standard form memorandum of agreement.
983	The standard form of the memorandum of agreement shall be used
984	only if the local government participates in the expedited
985	review process. In the absence of local government
986	participation, only the project-specific memorandum of agreement
987	executed pursuant to subsection (4) applies. A local government
988	shall hold a duly noticed public workshop to review and explain
989	to the public the expedited permitting process and the terms and
990	conditions of the standard form memorandum of agreement.
991	(10)  The memoranda of agreement may provide for the waiver
992	or modification of procedural rules prescribing forms, fees,
993	procedures, or time limits for the review or processing of
994	permit applications under the jurisdiction of those agencies
995	that are members of the regional permit action team party to the
996	memoranda of agreement. Notwithstanding any other provision of
997	law to the contrary, a memorandum of agreement must to the
998	extent feasible provide for proceedings and hearings otherwise
999	held separately by the parties to the memorandum of agreement to
1000	be combined into one proceeding or held jointly and at one
1001	location. Such waivers or modifications shall not be available
1002	for permit applications governed by federally delegated or
1003	approved permitting programs, the requirements of which would
1004	prohibit, or be inconsistent with, such a waiver or
1005	modification.
1006	(11)  The standard form for memoranda of agreement shall
1007	include guidelines to be used in working with state, regional,
1008	and local permitting authorities. Guidelines may include, but
1009	are not limited to, the following:
1010	(a)  A central contact point for filing permit applications
1011	and local comprehensive plan amendments and for obtaining
1012	information on permit and local comprehensive plan amendment
1013	requirements;
1014	(b)  Identification of the individual or individuals within
1015	each respective agency who will be responsible for processing
1016	the expedited permit application or local comprehensive plan
1017	amendment for that agency;
1018	(c)  A mandatory preapplication review process to reduce
1019	permitting conflicts by providing guidance to applicants
1020	regarding the permits needed from each agency and governmental
1021	entity, site planning and development, site suitability and
1022	limitations, facility design, and steps the applicant can take
1023	to ensure expeditious permit application and local comprehensive
1024	plan amendment review. As a part of this process, the first
1025	interagency meeting to discuss a project shall be held within 14
1026	days after the secretary's determination that the project is
1027	eligible for expedited review. Subsequent interagency meetings
1028	may be scheduled to accommodate the needs of participating local
1029	governments that are unable to meet public notice requirements
1030	for executing a memorandum of agreement within this timeframe.
1031	This accommodation may not exceed 45 days from the secretary's
1032	determination that the project is eligible for expedited review;
1033	(d)  The preparation of a single coordinated project
1034	description form and checklist and an agreement by state and
1035	regional agencies to reduce the burden on an applicant to
1036	provide duplicate information to multiple agencies;
1037	(e)  Establishment of a process for the adoption and review
1038	of any comprehensive plan amendment needed by any certified
1039	project within 90 days after the submission of an application
1040	for a comprehensive plan amendment. However, the memorandum of
1041	agreement may not prevent affected persons as defined in s.
1042	163.3184 from appealing or participating in this expedited plan
1043	amendment process and any review or appeals of decisions made
1044	under this paragraph; and
1045	(f)  Additional incentives for an applicant who proposes a
1046	project that provides a net ecosystem benefit.
1047	(15)  The secretary office, working with the agencies
1048	providing cooperative assistance and input regarding the
1049	memoranda of agreement, shall review sites proposed for the
1050	location of facilities eligible for the Innovation Incentive
1051	Program under s. 288.1089. Within 20 days after the request for
1052	the review by the secretary office, the agencies shall provide
1053	to the secretary office a statement as to each site's necessary
1054	permits under local, state, and federal law and an
1055	identification of significant permitting issues, which if
1056	unresolved, may result in the denial of an agency permit or
1057	approval or any significant delay caused by the permitting
1058	process.
1059	(17)  The secretary office shall be responsible for
1060	certifying a business as eligible for undergoing expedited
1061	review under this section. Enterprise Florida, Inc., a county or
1062	municipal government, or the Rural Economic Development
1063	Initiative may recommend to the secretary Office of Tourism,
1064	Trade, and Economic Development that a project meeting the
1065	minimum job creation threshold undergo expedited review.
1066	(18)  The secretary office, working with the Rural Economic
1067	Development Initiative and the regional permit action team
1068	agencies participating in the memoranda of agreement, shall
1069	provide technical assistance in preparing permit applications
1070	and local comprehensive plan amendments for counties having a
1071	population of fewer than 75,000 residents, or counties having
1072	fewer than 125,000 residents which are contiguous to counties
1073	having fewer than 75,000 residents. Additional assistance may
1074	include, but not be limited to, guidance in land development
1075	regulations and permitting processes, working cooperatively with
1076	state, regional, and local entities to identify areas within
1077	these counties which may be suitable or adaptable for
1078	preclearance review of specified types of land uses and other
1079	activities requiring permits.
1080	Section 24.  Subsection (10) of section 163.3180, Florida
1081	Statutes, is amended to read:
1082	163.3180  Concurrency.-
1083	(10)(a)  Except in transportation concurrency exception
1084	areas, with regard to roadway facilities on the Strategic
1085	Intermodal System designated in accordance with s. 339.63, local
1086	governments shall adopt the level-of-service standard
1087	established by the Department of Transportation by rule.
1088	However, if the Office of Tourism, Trade, and Economic
1089	Development concurs in writing with the local government that
1090	the proposed development is for a qualified job creation project
1091	under s. 288.0656 or s. 403.973, the affected local government,
1092	after consulting with the Department of Transportation, may
1093	provide for a waiver of transportation concurrency for the
1094	project. For all other roads on the State Highway System, local
1095	governments shall establish an adequate level-of-service
1096	standard that need not be consistent with any level-of-service
1097	standard established by the Department of Transportation. In
1098	establishing adequate level-of-service standards for any
1099	arterial roads, or collector roads as appropriate, which
1100	traverse multiple jurisdictions, local governments shall
1101	consider compatibility with the roadway facility's adopted
1102	level-of-service standards in adjacent jurisdictions. Each local
1103	government within a county shall use a professionally accepted
1104	methodology for measuring impacts on transportation facilities
1105	for the purposes of implementing its concurrency management
1106	system. Counties are encouraged to coordinate with adjacent
1107	counties, and local governments within a county are encouraged
1108	to coordinate, for the purpose of using common methodologies for
1109	measuring impacts on transportation facilities for the purpose
1110	of implementing their concurrency management systems.
1111	(b)  There shall be a limited exemption from the Strategic
1112	Intermodal System adopted level-of-service standards for new or
1113	redevelopment projects consistent with the local comprehensive
1114	plan as inland multimodal facilities receiving or sending cargo
1115	for distribution and providing cargo storage, consolidation,
1116	repackaging, and transfer of goods, and which may, if developed
1117	as proposed, include other intermodal terminals, related
1118	transportation facilities, warehousing and distribution
1119	facilities, and associated office space, light industrial,
1120	manufacturing, and assembly uses. The limited exemption applies
1121	if the project meets all of the following criteria:
1122	1.  The project will not cause the adopted level-of-service
1123	standards for the Strategic Intermodal System facilities to be
1124	exceeded by more than 150 percent within the first 5 years of
1125	the project's development.
1126	2.  The project, upon completion, would result in the
1127	creation of at least 50 full-time jobs.
1128	3.  The project is compatible with existing and planned
1129	adjacent land uses.
1130	4.  The project is consistent with local and regional
1131	economic development goals or plans.
1132	5.  The project is proximate to regionally significant road
1133	and rail transportation facilities.
1134	6.  The project is proximate to a community having an
1135	unemployment rate, as of the date of the development order
1136	application, which is 10 percent or more above the statewide
1137	reported average.
1138	Section 25.  Subsections (1) and (2), paragraph (c) of
1139	subsection (3), and subsection (4) of section 373.4137, Florida
1140	Statutes, are amended to read:
1141	373.4137  Mitigation requirements for specified
1142	transportation projects.-
1143	(1)  The Legislature finds that environmental mitigation
1144	for the impact of transportation projects proposed by the
1145	Department of Transportation or a transportation authority
1146	established pursuant to chapter 348 or chapter 349 can be more
1147	effectively achieved by regional, long-range mitigation planning
1148	rather than on a project-by-project basis. It is the intent of
1149	the Legislature that mitigation to offset the adverse effects of
1150	these transportation projects be funded by the Department of
1151	Transportation and be carried out by the water management
1152	districts, through including the use of privately owned
1153	mitigation banks where available or, if a privately owned
1154	mitigation bank is not available, through any other mitigation
1155	options that satisfy state and federal requirements established
1156	pursuant to this part.
1157	(2)  Environmental impact inventories for transportation
1158	projects proposed by the Department of Transportation or a
1159	transportation authority established pursuant to chapter 348 or
1160	chapter 349 shall be developed as follows:
1161	(a)  By July 1 of each year, the Department of
1162	Transportation or a transportation authority established
1163	pursuant to chapter 348 or chapter 349 which chooses to
1164	participate in this program shall submit to the water management
1165	districts a list copy of its projects in the adopted work
1166	program and an environmental impact inventory of habitats
1167	addressed in the rules adopted pursuant to this part and s. 404
1168	of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
1169	by its plan of construction for transportation projects in the
1170	next 3 years of the tentative work program. The Department of
1171	Transportation or a transportation authority established
1172	pursuant to chapter 348 or chapter 349 may also include in its
1173	environmental impact inventory the habitat impacts of any future
1174	transportation project. The Department of Transportation and
1175	each transportation authority established pursuant to chapter
1176	348 or chapter 349 may fund any mitigation activities for future
1177	projects using current year funds.
1178	(b)  The environmental impact inventory shall include a
1179	description of these habitat impacts, including their location,
1180	acreage, and type; state water quality classification of
1181	impacted wetlands and other surface waters; any other state or
1182	regional designations for these habitats; and a list survey of
1183	threatened species, endangered species, and species of special
1184	concern affected by the proposed project.
1185	(3)
1186	(c)  Except for current mitigation projects in the
1187	monitoring and maintenance phase and except as allowed by
1188	paragraph (d), the water management districts may request a
1189	transfer of funds from an escrow account no sooner than 30 days
1190	prior to the date the funds are needed to pay for activities
1191	associated with development or implementation of the approved
1192	mitigation plan described in subsection (4) for the current
1193	fiscal year, including, but not limited to, design, engineering,
1194	production, and staff support. Actual conceptual plan
1195	preparation costs incurred before plan approval may be submitted
1196	to the Department of Transportation or the appropriate
1197	transportation authority each year with the plan. The conceptual
1198	plan preparation costs of each water management district will be
1199	paid from mitigation funds associated with the environmental
1200	impact inventory for the current year. The amount transferred to
1201	the escrow accounts each year by the Department of
1202	Transportation and participating transportation authorities
1203	established pursuant to chapter 348 or chapter 349 shall
1204	correspond to a cost per acre of $75,000 multiplied by the
1205	projected acres of impact identified in the environmental impact
1206	inventory described in subsection (2). However, the $75,000 cost
1207	per acre does not constitute an admission against interest by
1208	the state or its subdivisions nor is the cost admissible as
1209	evidence of full compensation for any property acquired by
1210	eminent domain or through inverse condemnation. Each July 1, the
1211	cost per acre shall be adjusted by the percentage change in the
1212	average of the Consumer Price Index issued by the United States
1213	Department of Labor for the most recent 12-month period ending
1214	September 30, compared to the base year average, which is the
1215	average for the 12-month period ending September 30, 1996. Each
1216	quarter, the projected acreage of impact shall be reconciled
1217	with the acreage of impact of projects as permitted, including
1218	permit modifications, pursuant to this part and s. 404 of the
1219	Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
1220	of funds shall be adjusted accordingly to reflect the acreage of
1221	impacts as permitted. The Department of Transportation and
1222	participating transportation authorities established pursuant to
1223	chapter 348 or chapter 349 are authorized to transfer such funds
1224	from the escrow accounts to the water management districts to
1225	carry out the mitigation programs. Environmental mitigation
1226	funds that are identified or maintained in an escrow account for
1227	the benefit of a water management district may be released if
1228	the associated transportation project is excluded in whole or
1229	part from the mitigation plan. For a mitigation project that is
1230	in the maintenance and monitoring phase, the water management
1231	district may request and receive a one-time payment based on the
1232	project's expected future maintenance and monitoring costs. Upon
1233	disbursement of the final maintenance and monitoring payment,
1234	the department or the participating transportation authorities'
1235	obligation will be satisfied, the water management district will
1236	have continuing responsibility for the mitigation project, and
1237	the escrow account for the project established by the Department
1238	of Transportation or the participating transportation authority
1239	may be closed. Any interest earned on these disbursed funds
1240	shall remain with the water management district and must be used
1241	as authorized under this section.
1242	(4)  Prior to March 1 of each year, each water management
1243	district, in consultation with the Department of Environmental
1244	Protection, the United States Army Corps of Engineers, the
1245	Department of Transportation, participating transportation
1246	authorities established pursuant to chapter 348 or chapter 349,
1247	and other appropriate federal, state, and local governments, and
1248	other interested parties, including entities operating
1249	mitigation banks, shall develop a plan for the primary purpose
1250	of complying with the mitigation requirements adopted pursuant
1251	to this part and 33 U.S.C. s. 1344. In developing such plans,
1252	the districts shall utilize sound ecosystem management practices
1253	to address significant water resource needs and shall focus on
1254	activities of the Department of Environmental Protection and the
1255	water management districts, such as surface water improvement
1256	and management (SWIM) projects and lands identified for
1257	potential acquisition for preservation, restoration or
1258	enhancement, and the control of invasive and exotic plants in
1259	wetlands and other surface waters, to the extent that such
1260	activities comply with the mitigation requirements adopted under
1261	this part and 33 U.S.C. s. 1344. In determining the activities
1262	to be included in such plans, the districts shall also consider
1263	the purchase of credits from public or private mitigation banks
1264	permitted under s. 373.4136 and associated federal authorization
1265	and shall include such purchase as a part of the mitigation plan
1266	when such purchase would offset the impact of the transportation
1267	project, provide equal benefits to the water resources than
1268	other mitigation options being considered, and provide the most
1269	cost-effective mitigation option. The mitigation plan shall be
1270	submitted to the water management district governing board, or
1271	its designee, for review and approval. At least 14 days prior to
1272	approval, the water management district shall provide a copy of
1273	the draft mitigation plan to any person who has requested a
1274	copy.
1275	(a)  For each transportation project with a funding request
1276	for the next fiscal year, the mitigation plan must include a
1277	brief explanation of why a mitigation bank was or was not chosen
1278	as a mitigation option, including an estimation of identifiable
1279	costs of the mitigation bank and nonbank options to the extent
1280	practicable.
1281	(b)  Specific projects may be excluded from the mitigation
1282	plan, in whole or in part, and shall not be subject to this
1283	section upon the election agreement of the Department of
1284	Transportation, or a transportation authority if applicable, or
1285	and the appropriate water management district that the inclusion
1286	of such projects would hamper the efficiency or timeliness of
1287	the mitigation planning and permitting process. The water
1288	management district may choose to exclude a project in whole or
1289	in part if the district is unable to identify mitigation that
1290	would offset impacts of the project.
1291	Section 26.  Subsection (5) is added to section 526.203,
1292	Florida Statutes, to read:
1293	526.203  Renewable fuel standard.-
1294	(5)  This section does not prohibit the sale of unblended
1295	fuels for the uses exempted under subsection (3).
1296	Section 27.  The uniform mitigation assessment rules
1297	adopted by the Department of Environmental Protection in chapter
1298	62-345, Florida Administrative Code, as of January 1, 2011, to
1299	fulfill the mandate of s. 373.414(18), Florida Statutes, are
1300	changed as follows:
1301	(1)  Rule 62-345.100(11), Florida Administrative Code, is
1302	added to read: "(11)  The Department of Environmental Protection
1303	shall be responsible for ensuring statewide coordination and
1304	consistency in the application of this rule by providing
1305	training and guidance to other relevant state agencies, water
1306	management districts, and local governments. Not less than every
1307	two years, the Department of Environmental Protection shall
1308	coordinate with the water management districts to verify
1309	consistent application of the methodology. To ensure that this
1310	rule is interpreted and applied uniformly, any interpretation or
1311	application of this rule by any agency or local government that
1312	differs from the Department of Environmental Protection's
1313	interpretation or application of this rule is incorrect and
1314	invalid. The Department of Environmental Protection's
1315	interpretation, application, and implementation of this rule
1316	shall be the only acceptable method."
1317	(2)  Rule 62-345.200(12), Florida Administrative Code, is
1318	changed to read: "(12)  "Without preservation assessment" means
1319	a reasonably anticipated use of the assessment area, and the
1320	temporary or permanent effects of those uses on the assessment
1321	area, considering the protection provided by existing easements,
1322	regulations, and land use restrictions. Reasonably anticipated
1323	uses include those activities that have been previously
1324	implemented within the assessment area or adjacent to the
1325	assessment area, or are considered to be common uses in the
1326	region without the need for additional authorizations or zoning,
1327	land use code, or comprehensive plan changes."
1328	(3)  Rule 62-345.300(1), Florida Administrative Code, is
1329	changed to read: "(1)  When an applicant proposes mitigation for
1330	impacts to wetlands and surface waters as part of an
1331	environmental resource permit or wetland resource permit
1332	application, the applicant will be responsible for preparing and
1333	submitting the necessary supporting information for the
1334	application of Rules 62-345.400-62-345.600, F.A.C., of this
1335	chapter and the reviewing agency will be responsible for
1336	verifying this information , contacting the applicant to address
1337	any insufficiencies or need for clarification, and approving the
1338	amount of mitigation necessary to offset the proposed impacts.
1339	When an applicant submits a mitigation bank or regional
1340	mitigation permit application, the applicant will be responsible
1341	for preparing and submitting the necessary supporting
1342	information for the application of Rules 62-345.400-.600,
1343	F.A.C., of this chapter and the reviewing agency will be
1344	responsible for verifying this information, contacting the
1345	applicant to address any insufficiencies or need for
1346	clarification, and approving the potential amount of mitigation
1347	to be provided by the bank or regional mitigation area. If an
1348	applicant submits either Part I or Part II or both, the
1349	reviewing agency shall notify the applicant of any inadequacy in
1350	the submittal or disagreement with the information provided.
1351	(4)  Rule 62-345.300(3)(a), Florida Administrative Code, is
1352	changed to read: "(a)  Conduct qualitative characterization of
1353	both the impact and mitigation assessment areas (Part I) that
1354	identifies the assessment area's native community type and the
1355	functions to fish and wildlife and their habitat, describes the
1356	current condition and functions provided by the assessment area,
1357	and summarizes the project condition of the assessment area. The
1358	purpose of Part I is to provide a framework for comparison of
1359	the assessment area to the optimal condition and
1360	location/landscape setting of that native community type.
1361	Another purpose of this part is to note any relevant factors of
1362	the assessment area that are discovered by site inspectors,
1363	including use by listed species."
1364	(5)  Rule 62-345.300(3)(c), Florida Administrative Code, is
1365	changed to read: "(c)  Adjust the gain in ecological value from
1366	either upland or wetland preservation in accordance with
1367	subsection 62-345.500(3), F.A.C. when preservation is the only
1368	mitigation activity proposed (absent creation, restoration, or
1369	enhancement activities) at a specified assessment area."
1370	(6)  The introductory paragraph of rule 62-345.400, Florida
1371	Administrative Code, is changed to read: "An impact or
1372	mitigation assessment area must be described with sufficient
1373	detail to provide a frame of reference for the type of community
1374	being evaluated and to identify the functions that will be
1375	evaluated. When an assessment area is an upland proposed as
1376	mitigation, functions must be related to the benefits provided
1377	by that upland to fish and wildlife of associated wetlands or
1378	other surface waters. Information for each assessment area must
1379	be sufficient to identify the functions beneficial to fish and
1380	wildlife and their habitat that are characteristic of the
1381	assessment area's native community type, based on currently
1382	available information, such as current and historic aerial
1383	photographs, topographic maps, geographic information system
1384	data and maps, site visits, scientific articles, journals, other
1385	professional reports, field verification when needed, and
1386	reasonable scientific judgment. For wetlands and other surface
1387	waters, other than those created for mitigation, that have been
1388	created on sites where such did not exist before the creation,
1389	such as borrow pits, ditches, and canals, refer to the native
1390	community type or surface water body to which it is most
1391	analogous in function for the given landscape position. For
1392	altered natural communities or surface waterbodies, refer to the
1393	native community type or surface water body present in the
1394	earliest available aerial photography except that if the
1395	alteration has been of such a degree and extent that a clearly
1396	defined different native community type is now present and self-
1397	sustaining, in which case the native community type shall be
1398	identified as the one the present community most closely
1399	resembles. In determining the historic native community type,
1400	all currently available information shall be used to ensure the
1401	highest degree of accuracy. The information provided by the
1402	applicant for each assessment area must address the following,
1403	as applicable:"
1404	(7)  Rule 62-345.500(1)(a), Florida Administrative Code, is
1405	changed to read: "(a)  Current condition or, in the case of
1406	preservation only mitigation, without preservation - The current
1407	condition of an assessment area is scored using the information
1408	in this part to determine the degree to which the assessment
1409	area currently provides the relative value of functions
1410	identified in Part I for the native community type. In the case
1411	of preservation-only mitigation, the "without preservation"
1412	assessment utilizes the information in this part to determine
1413	the degree to which the assessment area could provide the
1414	relative value of functions identified in Part I for the native
1415	community type assuming the area is not preserved. For
1416	assessment areas where previous impacts that affect the current
1417	condition are temporary in nature, consideration will be given
1418	to the inherent functions of these areas relative to seasonal
1419	hydrologic changes, and expected vegetation regeneration and
1420	projected habitat functions if the use of the area were to
1421	remain unchanged. When evaluating impacts to a previously
1422	permitted mitigation site that has not achieved its intended
1423	function, the reviewing agency shall consider the functions the
1424	mitigation site was intended to offset and any delay or
1425	reduction in offsetting those functions that may be caused by
1426	the project. Previous construction or alteration undertaken in
1427	violation of Part IV, Chapter 373, F.S., or Sections 403.91-
1428	.929, F.S. (1984 Supp.), as amended, or rule, order or permit
1429	adopted or issued thereunder, will not be considered as having
1430	diminished the condition and relative value of a wetland or
1431	surface water, when assigning a score under this part. When
1432	evaluating wetlands or other surface waters that are within an
1433	area that is subject to a recovery strategy pursuant to Chapter
1434	40D-80, F.A.C., impacts from water withdrawals will not be
1435	considered when assigning a score under this part."
1436	(8)  Rule 62-345.500(1)(b), Florida Administrative Code, is
1437	changed to read: "(b)  "With mitigation" or "with impact" - The
1438	"with mitigation" and "with impact" assessments are based on the
1439	reasonably expected outcome, which may represent an increase,
1440	decrease, or no change in value relative to current conditions.
1441	For the "with impact" and "with mitigation" assessments, the
1442	evaluator will assume that all other necessary regulatory
1443	authorizations required for the proposed project have been
1444	obtained and that construction will be consistent with such
1445	authorizations. The "with mitigation" assessment will be scored
1446	only when reasonable assurance has been provided that the
1447	proposed plan can be conducted. When scoring the "with
1448	mitigation" assessment for assessment areas involving
1449	enhancement, restoration, or creation activities and that are
1450	proposed to be placed under a conservation easement or other
1451	similar land protection mechanism, the with mitigation score
1452	shall reflect the combined preservation and
1453	enhancement/restoration/creation value of the specified
1454	assessment area, and the Preservation Adjustment Factor shall
1455	not apply to these mitigation assessments."
1456	(9)  Rule 62-345.500(2), Florida Administrative Code, is
1457	changed to read: "(2)  Uplands function as the contributing
1458	watershed to wetlands and are necessary to maintain the
1459	ecological value of associated wetlands or other surface waters.
1460	Upland mitigation assessment areas shall be scored using the
1461	landscape support/location and community structure indicators
1462	listed in subsection 62-345.500(6), F.A.C. Scoring of these
1463	indicators for the upland assessment areas shall be based on the
1464	degree to which the relative value of functions of the upland
1465	assessment area provide benefits to the fish and wildlife of the
1466	associated wetlands or other surface waters, considering the
1467	native community type, current condition, and anticipated
1468	ecological value of the uplands and associated wetlands and
1469	other surface waters.
1470	(a)  For upland preservation, the without preservation
1471	assessment utilizes the information in this part to determine
1472	the degree to which the assessment area could provide the
1473	relative value of functions identified in Part I for the native
1474	community type (to include benefits to fish and wildlife of the
1475	associated wetlands or other surface waters) assuming the upland
1476	area is not preserved. The gain in ecological value is
1477	determined by the mathematical difference between the score of
1478	the upland assessment area with the proposed preservation
1479	measure and the upland assessment area without the proposed
1480	preservation measure. When the community structure is scored as
1481	"zero", then the location and landscape support shall also be
1482	"zero". However, an increase in the location and landscape
1483	support score can also occur when the community structure is
1484	scored other than "zero". The resulting delta is then multiplied
1485	by the preservation adjustment factor contained in subsection
1486	62-345.500(3), F.A.C.
1487	(b)  For upland enhancement or restoration, the current
1488	condition of an assessment area is scored using the information
1489	in this part to determine the degree to which the assessment
1490	area currently provides the relative value of functions
1491	identified in Part I for the native community type (to include
1492	benefits to fish and wildlife of the associated wetlands or
1493	other surface waters). The value provided shall be determined by
1494	the mathematical difference between the score of the upland
1495	assessment area with the proposed restoration or enhancement
1496	measure and the current condition of the upland assessment area.
1497	(c)  For uplands proposed to be converted to wetlands or
1498	other surface waters through creation or restoration measures,
1499	the upland areas shall be scored as "zero" in their current
1500	condition. Only the "with mitigation" assessment shall be scored
1501	in accordance with the indicators listed in subsection 62-
1502	345.500(6), F.A.C."
1503	(10)  Rule 62-345.500(3), Florida Administrative Code, is
1504	changed to read: "(3)(a)  When an assessment area's mitigation
1505	plan consists of preservation only (absent creation,
1506	restoration, or enhancement activities), the "with mitigation"
1507	assessment shall consider the potential of the assessment area
1508	to perform current functions in the long term, considering the
1509	protection mechanism proposed, and the "without preservation"
1510	assessment shall evaluate the assessment area's functions
1511	considering the reasonably anticipated use of the assessment
1512	area and the temporary or permanent effects of those uses in the
1513	assessment area considering the protection provided by existing
1514	easements, regulations, and land use restrictions. The gain in
1515	ecological value is determined by the mathematical difference
1516	between the Part II scores for the "with mitigation" and
1517	"without preservation" (the delta) multiplied by a preservation
1518	adjustment factor. The preservation adjustment factor shall be
1519	scored on a scale from 0.2 (minimum preservation value) to 1
1520	(optimal preservation value), on one-tenth increments. The score
1521	shall be calculated using the scoring method set forth in the
1522	"Preservation Adjustment Factor Worksheet" for each of the
1523	following considerations:
1524	1.  The extent to which proposed management activities
1525	within the preserve area promote natural ecological conditions
1526	such as fire patterns or the exclusion of invasive exotic
1527	species.
1528	2.  The ecological and hydrological relationship between
1529	wetlands, other surface waters, and uplands to be preserved.
1530	3.  The scarcity of the habitat provided by the proposed
1531	preservation area and the degree to which listed species use the
1532	area.
1533	4.  The proximity of the area to be preserved to areas of
1534	national, state, or regional ecological significance, such as
1535	national or state parks, Outstanding Florida Waters, and other
1536	regionally significant ecological resources or habitats, such as
1537	lands acquired or to be acquired through governmental or non-
1538	profit land acquisition programs for environmental conservation,
1539	and whether the areas to be preserved include corridors between
1540	these habitats.
1541	5.  The extent and likelihood of potential adverse impacts
1542	if the assessment area were not preserved.
1543	(b)  Each of these considerations shall be scored on a
1544	relative scale of zero (0) to two-tenths (0.2) based on the
1545	value provided [optimal (0.2), low to moderate (0.1), and no
1546	value (0)] and summed together to calculate the preservation
1547	adjustment factor. The minimum value to be assigned to a
1548	specified assessment area will be 0.2. The preservation
1549	adjustment factor is multiplied by the mitigation delta assigned
1550	to the preservation proposal to yield an adjusted mitigation
1551	delta for preservation."
1552	(11)  Rule 62-345.500(6)(a), Florida Administrative Code,
1553	is changed to read: "(6)  Three categories of indicators of
1554	wetland function (landscape support, water environment and
1555	community structure) listed below are to be scored to the extent
1556	that they affect the ecological value of the assessment area.
1557	Upland mitigation assessment areas shall be scored for landscape
1558	support/location and community structure only.
1559	(a)  Landscape Support/Location - The value of functions
1560	provided by an assessment area to fish and wildlife are
1561	influenced by the landscape attributes of the assessment area
1562	and its relationship with surrounding areas. While the
1563	geographic location of the assessment area does not change, the
1564	ecological relationship between the assessment area and
1565	surrounding landscape may vary from the current condition to the
1566	"with impact" and "with mitigation" conditions. Additionally,
1567	the assessment area may be located within a regional corridor or
1568	in proximity to areas of national, state, or regional
1569	significance, and the "with mitigation" condition may serve to
1570	complement the regional ecological value identified for these
1571	areas. Many species that nest, feed, or find cover in a specific
1572	habitat or habitat type are also dependent in varying degrees
1573	upon other habitats, including upland, wetland, and other
1574	surface waters, that are present in the regional landscape. For
1575	example, many amphibian species require small isolated wetlands
1576	for breeding pools and for juvenile life stages, but may spend
1577	the remainder of their adult lives in uplands or other wetland
1578	habitats. If these habitats are unavailable or poorly connected
1579	in the landscape or are degraded, then the value of functions
1580	provided by the assessment area to the fish and wildlife
1581	identified in Part I is reduced. The assessment area shall also
1582	be considered to the extent that fish and wildlife utilizing the
1583	area have the opportunity to access other habitats necessary to
1584	fulfill their life history requirements. The availability,
1585	connectivity, and quality of offsite habitats, and offsite land
1586	uses which might adversely impact fish and wildlife utilizing
1587	these habitats, are factors to be considered in assessing the
1588	landscape support of the assessment area. The location of the
1589	assessment area shall be considered relative to offsite and
1590	upstream hydrologic contributing areas and to downstream and
1591	other connected waters to the extent that the diversity and
1592	abundance of fish and wildlife and their habitats is affected in
1593	these areas. The opportunity for the assessment area to provide
1594	offsite water quantity and quality benefits to fish and wildlife
1595	and their habitats downstream and in connected waters is
1596	assessed based on the degree of hydrologic connectivity between
1597	these habitats and the extent to which offsite habitats are
1598	affected by discharges from the assessment area. It is
1599	recognized that isolated wetlands lack surface water connections
1600	to downstream waters and as a result, do not perform certain
1601	functions (e.g., detrital transport) to benefit downstream fish
1602	and wildlife; for such wetlands, this consideration does not
1603	apply.
1604	1.  A score of (10) means the assessment area, in
1605	combination with the surrounding landscape, provides full
1606	opportunity for the assessment area to perform beneficial
1607	functions at an optimal level. The score is based on reasonable
1608	scientific judgment and characterized by a predominance of the
1609	following, as applicable:
1610	a.  Habitats outside the assessment area represent the full
1611	range of habitats needed to fulfill the life history
1612	requirements of all wildlife listed in Part I and are available
1613	in sufficient quantity to provide optimal support for these
1614	wildlife.
1615	b.  Invasive exotic or other invasive plant species are not
1616	present in the proximity of the assessment area.
1617	c.  Wildlife access to and from habitats outside the
1618	assessment area is not limited by distance to these habitats and
1619	is unobstructed by landscape barriers.
1620	d.  Functions of the assessment area that benefit
1621	downstream fish and wildlife are not limited by distance or
1622	barriers that reduce the opportunity for the assessment area to
1623	provide these benefits.
1624	e.  Land uses outside the assessment area have no adverse
1625	impacts on wildlife in the assessment area as listed in Part I.
1626	f.  The opportunity for the assessment area to provide
1627	benefits to downstream or other hydrologically connected areas
1628	is not limited by hydrologic impediments or flow restrictions.
1629	g.  Downstream or other hydrologically connected habitats
1630	are critically or solely dependent on discharges from the
1631	assessment area and could suffer severe adverse impacts if the
1632	quality or quantity of these discharges were altered.
1633	h.  For upland mitigation assessment areas, the uplands
1634	provide a full suite of ecological values so as to provide
1635	optimal protection and support of wetland functions.
1636	2.  A score of (7) means that, compared to the optimal
1637	condition of the native community type, the opportunity for the
1638	assessment area to perform beneficial functions in combination
1639	with the surrounding landscape is limited to 70% of the optimal
1640	ecological value. The score is based on reasonable scientific
1641	judgment and characterized by a predominance of the following,
1642	as applicable:
1643	a.  Habitats outside the assessment area are available in
1644	sufficient quantity and variety to provide optimal support for
1645	most, but not all, of the wildlife listed in Part I, or certain
1646	wildlife populations may be limited due to the reduced
1647	availability of habitats needed to fulfill their life history
1648	requirements.
1649	b.  Some of the plant community composition in the
1650	proximity of the assessment area consists of invasive exotic or
1651	other invasive plant species, but cover is minimal and has
1652	minimal adverse effect on the functions provided by the
1653	assessment area.
1654	c.  Wildlife access to and from habitats outside the
1655	assessment area is partially limited, either by distance or by
1656	the presence of barriers that impede wildlife movement.
1657	d.  Functions of the assessment area that benefit fish and
1658	wildlife downstream are somewhat limited by distance or barriers
1659	that reduce the opportunity for the assessment area to provide
1660	these benefits.
1661	e.  Land uses outside the assessment area have minimal
1662	adverse impacts on fish and wildlife identified in Part I.
1663	f.  The opportunity for the assessment area to provide
1664	benefits to downstream or other hydrologically connected areas
1665	is limited by hydrologic impediments or flow restrictions such
1666	that these benefits are provided with lesser frequency or lesser
1667	magnitude than would occur under optimal conditions.
1668	g.  Downstream or other hydrologically connected habitats
1669	derive significant benefits from discharges from the assessment
1670	area and could suffer substantial adverse impacts if the quality
1671	or quantity of these discharges were altered.
1672	h.  For upland mitigation assessment areas, the uplands
1673	provide significant, but suboptimal ecological values and
1674	protection of wetland functions.
1675	3.  A score of (4) means that, compared to the optimal
1676	condition of the native community type, the opportunity for the
1677	assessment area to perform beneficial functions in combination
1678	with the surrounding landscape is limited to 40% of the optimal
1679	ecological value. The score is based on reasonable scientific
1680	judgment and characterized by a predominance of the following,
1681	as applicable:
1682	a.  Availability of habitats outside the assessment area is
1683	fair, but fails to provide support for some species of wildlife
1684	listed in Part I, or provides minimal support for many of the
1685	species listed in Part I.
1686	b.  The majority of the plant community composition in the
1687	proximity of the assessment area consists of invasive exotic or
1688	other invasive plant species that adversely affect the functions
1689	provided by the assessment area.
1690	c.  Wildlife access to and from habitats outside the
1691	assessment area is substantially limited, either by distance or
1692	by the presence of barriers which impede wildlife movement.
1693	d.  Functions of the assessment area that benefit fish and
1694	wildlife downstream are limited by distance or barriers that
1695	substantially reduce the opportunity for the assessment area to
1696	provide these benefits.
1697	e.  Land uses outside the assessment area have significant
1698	adverse impacts on fish and wildlife identified in Part I.
1699	f.  The opportunity for the assessment area to provide
1700	benefits to downstream or other hydrologically connected areas
1701	is limited by hydrologic impediments or flow restrictions, such
1702	that these benefits are rarely provided or are provided at
1703	greatly reduced levels compared to optimal conditions.
1704	g.  Downstream or other hydrologically connected habitats
1705	derive minimal benefits from discharges from the assessment area
1706	but could be adversely impacted if the quality or quantity of
1707	these discharges were altered.
1708	h.  For upland mitigation assessment areas, the uplands
1709	provide minimal ecological values and protection of wetland
1710	functions.
1711	4.  A score of (0) means that the assessment area, in
1712	combination with the surrounding landscape, provides no habitat
1713	support for wildlife utilizing the assessment area and no
1714	opportunity for the assessment area to provide benefits to fish
1715	and wildlife outside the assessment area. The score is based on
1716	reasonable scientific judgment and characterized by a
1717	predominance of the following, as applicable:
1718	a.  No habitats are available outside the assessment area
1719	to provide any support for the species of wildlife listed in
1720	Part I.
1721	b.  The plant community composition in the proximity of the
1722	assessment area consists predominantly of invasive exotic or
1723	other invasive plant species such that little or no function is
1724	provided by the assessment area.
1725	c.  Wildlife access to and from habitats outside the
1726	assessment area is precluded by barriers or distance.
1727	d.  Functions of the assessment area that would be expected
1728	to benefit fish and wildlife downstream are not present.
1729	e.  Land uses outside the assessment area have a severe
1730	adverse impact on wildlife in the assessment area as listed in
1731	Part I.
1732	f.  There is negligible or no opportunity for the
1733	assessment area to provide benefits to downstream or other
1734	hydrologically connected areas due to hydrologic impediments or
1735	flow restrictions that preclude provision of these benefits.
1736	g.  Discharges from the assessment area provide negligible
1737	or no benefits to downstream or hydrologically connected areas
1738	and these areas would likely be unaffected if the quantity or
1739	quality of these discharges were altered.
1740	h.  For upland mitigation assessment areas, the uplands
1741	provide no ecological value or protection of wetland functions."
1742	(12)  The Department of Environmental Protection is
1743	directed to make additional changes to the worksheet portions of
1744	chapter 62-345, Florida Administrative Code, as needed to
1745	conform to the changes set forth in this section.
1746	(13)  Any entity holding a mitigation bank permit may apply
1747	to the relevant agency to have such mitigation bank reassessed
1748	pursuant to the changes to chapter 62-345, Florida
1749	Administrative Code, set forth in this section, if such
1750	application is filed with that agency no later than September
1751	30, 2011.
1752	Section 28.  This act shall take effect July 1, 2011.

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