CS/CS/HB 991

1	A bill to be entitled
2	An act relating to environmental regulation; amending s.
3	120.569, F.S.; providing that a nonapplicant who petitions
4	to challenge an agency's issuance of a license or
5	conceptual approval in certain circumstances has the
6	burden of ultimate persuasion and the burden of going
7	forward with evidence; creating s. 125.0112, F.S.;
8	providing that the construction and operation of a biofuel
9	processing facility or renewable energy generating
10	facility and the cultivation of bioenergy by a local
11	government is a valid and permitted land use; providing an
12	exception; requiring expedited review of such facilities;
13	providing that such facilities are eligible for the
14	alternative state review process; amending s. 125.022,
15	F.S.; prohibiting a county from requiring an applicant to
16	obtain a permit or approval from another state or federal
17	agency as a condition of processing a development permit
18	under certain conditions; authorizing a county to attach
19	certain disclaimers to the issuance of a development
20	permit; creating s. 161.032, F.S.; requiring that the
21	Department of Environmental Protection review an
22	application for certain permits under the Beach and Shore
23	Preservation Act and request additional information within
24	a specified time; requiring that the department proceed to
25	process the application if the applicant believes that a
26	request for additional information is not authorized by
27	law or rule; extending the period for an applicant to
28	timely submit additional information, notwithstanding
29	certain provisions of the Administrative Procedure Act;
30	amending s. 161.041, F.S.; specifying that s. 403.0874,
31	F.S., authorizing expedited permitting, applies to
32	provisions governing coastal construction; prohibiting the
33	Department of Environmental Protection from requiring
34	certain sediment quality specifications or turbidity
35	standards as a permit condition; providing legislative
36	intent with respect to permitting for beach renourishment
37	projects; directing the department to amend specified
38	rules relating to permitting for such projects; amending
39	s. 163.3180, F.S.; providing an exemption to the level-of-
40	service standards adopted under the Strategic Intermodal
41	System for certain inland multimodal facilities;
42	specifying project criteria; amending s. 166.033, F.S.;
43	prohibiting a municipality from requiring an applicant to
44	obtain a permit or approval from another state or federal
45	agency as a condition of processing a development permit
46	under certain conditions; authorizing a county to attach
47	certain disclaimers to the issuance of a development
48	permit; creating s. 166.0447, F.S.; providing that the
49	construction and operation of a biofuel processing
50	facility or renewable energy generating facility and the
51	cultivation of bioenergy is a valid and permitted land use
52	within the incorporated area of a municipality; providing
53	an exception; prohibiting any requirement that the owner
54	or operator of such a facility obtain comprehensive plan
55	amendments, use permits, waivers, or variances, or pay any
56	fee in excess of a specified amount; amending s. 373.026,
57	F.S.; requiring the Department of Environmental Protection
58	to expand its use of Internet-based self-certification
59	services for exemptions and permits issued by the
60	department and water management districts; amending s.
61	373.413, F.S.; specifying that s. 403.0874, F.S.,
62	authorizing expedited permitting, applies to provisions
63	governing surface water management and storage; amending
64	s. 373.4137, F.S.; revising legislative findings with
65	respect to the options for mitigation relating to
66	transportation projects; revising certain requirements for
67	determining the habitat impacts of transportation
68	projects; requiring water management districts to purchase
69	credits from public or private mitigation banks under
70	certain conditions; providing for the release of certain
71	mitigation funds held for the benefit of a water
72	management district if a project is excluded from a
73	mitigation plan; requiring water management districts to
74	use private mitigation banks in developing plans for
75	complying with mitigation requirements; providing an
76	exception; revising the procedure for excluding a project
77	from a mitigation plan; amending s. 373.4141, F.S.;
78	providing a limitation for the request of additional
79	information from an applicant by the department; providing
80	that failure of an applicant to respond to such a request
81	within a specified time period constitutes withdrawal of
82	the application; reducing the time within which the
83	department or district must approve or deny a permit
84	application; prohibiting a state agency or an agency of
85	the state from requiring additional permits or approval
86	from a local, state, or federal agency without explicit
87	authority; amending s. 373.4144, F.S.; providing
88	legislative intent with respect to the coordination of
89	regulatory duties among specified state and federal
90	agencies; requiring that the department report annually to
91	the Legislature on efforts to expand the state
92	programmatic general permit or regional general permits;
93	providing for a voluntary state programmatic general
94	permit for certain dredge and fill activities; amending s.
95	373.41492, F.S.; authorizing the use of proceeds from the
96	water treatment plant upgrade fee to pay for specified
97	mitigation projects; requiring proceeds from the water
98	treatment plant upgrade fee to be transferred by the
99	Department of Revenue to the South Florida Water
100	Management District and deposited into the Lake Belt
101	Mitigation Trust Fund for a specified period of time;
102	providing, after that period, for the proceeds of the
103	water treatment plant upgrade fee to return to being
104	transferred by the Department of Revenue to a trust fund
105	established by Miami-Dade County for specified purposes;
106	conforming a term; amending s. 373.441, F.S.; requiring
107	that certain counties or municipalities apply by a
108	specified date to the department or water management
109	district for authority to require certain permits;
110	providing that following such delegation, the department
111	or district may not regulate activities that are subject
112	to the delegation; clarifying the authority of local
113	governments to adopt pollution control programs under
114	certain conditions; amending s. 376.30715, F.S.; providing
115	that the transfer of a contaminated site from an owner to
116	a child of the owner or corporate entity does not
117	disqualify the site from the innocent victim petroleum
118	storage system restoration financial assistance program;
119	authorizing certain applicants to reapply for financial
120	assistance; amending s. 380.06, F.S.; exempting a proposed
121	solid mineral mine or a proposed addition or expansion of
122	an existing solid mineral mine from provisions governing
123	developments of regional impact; providing certain
124	exceptions; amending s. 380.0657, F.S.; authorizing
125	expedited permitting for certain inland multimodal
126	facilities that individually or collectively will create a
127	minimum number of jobs; amending s. 403.061, F.S.;
128	requiring the Department of Environmental Protection to
129	establish reasonable zones of mixing for discharges into
130	specified waters; providing that certain discharges do not
131	create liability for site cleanup; providing that
132	exceedance of soil cleanup target levels is not a basis
133	for enforcement or cleanup; amending s. 403.087, F.S.;
134	revising conditions under which the department is
135	authorized to revoke environmental resource permits;
136	creating s. 403.0874, F.S.; providing a short title;
137	providing legislative findings and intent with respect to
138	the consideration of the compliance history of a permit
139	applicant; providing for applicability; specifying the
140	period of compliance history to be considered is issuing
141	or renewing a permit; providing criteria to be considered
142	by the Department of Environmental Protection; authorizing
143	expedited review of permit issuance, renewal,
144	modification, and transfer; providing for a reduced number
145	of inspections; providing for extended permit duration;
146	authorizing the department to make additional incentives
147	available under certain circumstances; providing for
148	automatic permit renewal and reduced or waived fees under
149	certain circumstances; requiring the department to adopt
150	rules that are binding on a water management district or
151	local government that has been delegated certain
152	regulatory duties; amending s. 403.703, F.S.; revising the
153	term "solid waste" to exclude sludge from a waste
154	treatment works that is not discarded; amending s.
155	403.707, F.S.; revising provisions relating to disposal by
156	persons of solid waste resulting from their own activities
157	on their property; clarifying what constitutes "addressed
158	by a groundwater monitoring plan" with regard to certain
159	effects on groundwater and surface waters; authorizing the
160	disposal of solid waste over a zone of discharge;
161	providing that exceedance of soil cleanup target levels is
162	not a basis for enforcement or cleanup; providing that
163	certain disposal of solid waste does not create liability
164	for site cleanup; extending the duration of all permits
165	issued to solid waste management facilities that meet
166	specified criteria; providing an exception; providing for
167	prorated permit fees; providing applicability; amending s.
168	403.814, F.S.; providing for issuance of general permits
169	for the construction, alteration, and maintenance of
170	certain surface water management systems without the
171	action of the department or a water management district;
172	specifying conditions for the general permits; amending s.
173	403.973, F.S.; authorizing expedited permitting for
174	certain commercial or industrial development projects that
175	individually or collectively will create a minimum number
176	of jobs; providing for a project-specific memorandum of
177	agreement to apply to a project subject to expedited
178	permitting; clarifying the authority of the Department of
179	Environmental Protection to enter final orders for the
180	issuance of certain licenses; revising criteria for the
181	review of certain sites; amending s. 526.203, F.S.;
182	authorizing the sale of unblended fuels for certain uses;
183	amending s. 604.50, F.S.; exempting farm fences from the
184	Florida Building Code; revising the term "nonresidential
185	farm building"; exempting nonresidential farm buildings
186	and farm fences from county and municipal codes and fees;
187	specifying that the exemptions do not apply to code
188	provisions implementing certain floodplain regulations;
189	revising the deadline for completion of the installation
190	of fuel tank upgrades to secondary containment systems for
191	specified properties; revising rules of the Department of
192	Environmental Protection relating to the uniform
193	mitigation assessment method for activities in surface
194	waters and wetlands; directing the Department of
195	Environmental Protection to make additional changes to
196	conform; providing for reassessment of mitigation banks
197	under certain conditions; providing an effective date.
198
199	Be It Enacted by the Legislature of the State of Florida:
200
201	Section 1.  Paragraph (p) is added to subsection (2) of
202	section 120.569, Florida Statutes, to read:
203	120.569  Decisions which affect substantial interests.-
204	(2)
205	(p)  For any proceeding arising under chapter 373, chapter
206	378, or chapter 403, if a nonapplicant petitions as a third
207	party to challenge an agency's issuance of a license or
208	conceptual approval, the petitioner initiating the action has
209	the burden of ultimate persuasion and, in the first instance,
210	has the burden of going forward with the evidence.
211	Notwithstanding subsection (1), this paragraph applies to
212	proceedings under s. 120.574.
213	Section 2.  Section 125.0112, Florida Statutes, is created
214	to read:
215	125.0112  Biofuels and renewable energy.-The construction
216	and operation of a biofuel processing facility or a renewable
217	energy generating facility, as defined in s. 366.91(2)(d), and
218	the cultivation and production of bioenergy, as defined pursuant
219	to s. 163.3177, except where biomass material derived from
220	municipal solid waste or landfill gases provides the renewable
221	energy for such facilities, shall be considered by a local
222	government to be a valid industrial, agricultural, and
223	silvicultural use permitted within those land use categories in
224	the local comprehensive land use plan. If the local
225	comprehensive plan does not specifically allow for the
226	construction of a biofuel processing facility or renewable
227	energy facility, the local government shall establish a specific
228	review process that may include expediting local review of any
229	necessary comprehensive plan amendment, zoning change, use
230	permit, waiver, variance, or special exemption. Local expedited
231	review of a proposed biofuel processing facility or a renewable
232	energy facility does not obligate a local government to approve
233	such proposed use. A comprehensive plan amendment necessary to
234	accommodate a biofuel processing facility or renewable energy
235	facility shall, if approved by the local government, be eligible
236	for the alternative state review process in s. 163.32465. The
237	construction and operation of a facility and related
238	improvements on a portion of a property under this section does
239	not affect the remainder of the property's classification as
240	agricultural under s. 193.461.
241	Section 3.  Section 125.022, Florida Statutes, is amended
242	to read:
243	125.022  Development permits.-When a county denies an
244	application for a development permit, the county shall give
245	written notice to the applicant. The notice must include a
246	citation to the applicable portions of an ordinance, rule,
247	statute, or other legal authority for the denial of the permit.
248	As used in this section, the term "development permit" has the
249	same meaning as in s. 163.3164. A county may not require as a
250	condition of processing a development permit that an applicant
251	obtain a permit or approval from any other state or federal
252	agency unless the agency has issued a notice of intent to deny
253	the federal or state permit before the county action on the
254	local development permit. Issuance of a development permit by a
255	county does not in any way create any rights on the part of the
256	applicant to obtain a permit from another state or federal
257	agency and does not create any liability on the part of the
258	county for issuance of the permit if the applicant fails to
259	fulfill its legal obligations to obtain requisite approvals or
260	fulfill the obligations imposed by another state or a federal
261	agency. A county may attach such a disclaimer to the issuance of
262	a development permit, and may include a permit condition that
263	all other applicable state or federal permits be obtained before
264	commencement of the development. This section does not prohibit
265	a county from providing information to an applicant regarding
266	what other state or federal permits may apply.
267	Section 4.  Section 161.032, Florida Statutes, is created
268	to read:
269	161.032  Application review; request for additional
270	information.-
271	(1)  Within 30 days after receipt of an application for a
272	permit under this part, the department shall review the
273	application and shall request submission of any additional
274	information the department is permitted by law to require. If
275	the applicant believes that a request for additional information
276	is not authorized by law or rule, the applicant may request a
277	hearing pursuant to s. 120.57. Within 30 days after receipt of
278	such additional information, the department shall review such
279	additional information and may request only that information
280	needed to clarify such additional information or to answer new
281	questions raised by or directly related to such additional
282	information. If the applicant believes that the request for such
283	additional information by the department is not authorized by
284	law or rule, the department, at the applicant's request, shall
285	proceed to process the permit application.
286	(2)  Notwithstanding s. 120.60, an applicant for a permit
287	under this part has 90 days after the date of a timely request
288	for additional information to submit such information. If an
289	applicant requires more than 90 days in order to respond to a
290	request for additional information, the applicant must notify
291	the agency processing the permit application in writing of the
292	circumstances, at which time the application shall be held in
293	active status for no more than one additional period of up to 90
294	days. Additional extensions may be granted for good cause shown
295	by the applicant. A showing that the applicant is making a
296	diligent effort to obtain the requested additional information
297	constitutes good cause. Failure of an applicant to provide the
298	timely requested information by the applicable deadline shall
299	result in denial of the application without prejudice.
300	Section 5.  Subsections (5), (6), and (7) are added to
301	section 161.041, Florida Statutes, to read:
302	161.041  Permits required.-
303	(5)  The provisions of s. 403.0874, relating to the
304	incentive-based permitting program, apply to all permits issued
305	under this chapter.
306	(6)  The department may not require as a permit condition
307	sediment quality specifications or turbidity standards more
308	stringent than those provided for in this chapter, chapter 373,
309	or the Florida Administrative Code. The department may not issue
310	guidelines that are enforceable as standards without going
311	through the rulemaking process pursuant to chapter 120.
312	(7)  As an incentive for permit applicants, it is the
313	Legislature's intent to simplify the permitting for periodic
314	maintenance of beach renourishment projects previously permitted
315	and restored under the joint coastal permit process pursuant to
316	this section or part IV of chapter 373. The department shall
317	amend chapters 62B-41 and 62B-49 of the Florida Administrative
318	Code to streamline the permitting process for periodic
319	maintenance projects.
320	Section 6.  Subsection (10) of section 163.3180, Florida
321	Statutes, is amended to read:
322	163.3180  Concurrency.-
323	(10)(a)  Except in transportation concurrency exception
324	areas, with regard to roadway facilities on the Strategic
325	Intermodal System designated in accordance with s. 339.63, local
326	governments shall adopt the level-of-service standard
327	established by the Department of Transportation by rule.
328	However, if the Office of Tourism, Trade, and Economic
329	Development concurs in writing with the local government that
330	the proposed development is for a qualified job creation project
331	under s. 288.0656 or s. 403.973, the affected local government,
332	after consulting with the Department of Transportation, may
333	provide for a waiver of transportation concurrency for the
334	project. For all other roads on the State Highway System, local
335	governments shall establish an adequate level-of-service
336	standard that need not be consistent with any level-of-service
337	standard established by the Department of Transportation. In
338	establishing adequate level-of-service standards for any
339	arterial roads, or collector roads as appropriate, which
340	traverse multiple jurisdictions, local governments shall
341	consider compatibility with the roadway facility's adopted
342	level-of-service standards in adjacent jurisdictions. Each local
343	government within a county shall use a professionally accepted
344	methodology for measuring impacts on transportation facilities
345	for the purposes of implementing its concurrency management
346	system. Counties are encouraged to coordinate with adjacent
347	counties, and local governments within a county are encouraged
348	to coordinate, for the purpose of using common methodologies for
349	measuring impacts on transportation facilities for the purpose
350	of implementing their concurrency management systems.
351	(b)  There shall be a limited exemption from the Strategic
352	Intermodal System adopted level-of-service standards for new or
353	redevelopment projects consistent with the local comprehensive
354	plan as inland multimodal facilities receiving or sending cargo
355	for distribution and providing cargo storage, consolidation,
356	repackaging, and transfer of goods, and which may, if developed
357	as proposed, include other intermodal terminals, related
358	transportation facilities, warehousing and distribution
359	facilities, and associated office space, light industrial,
360	manufacturing, and assembly uses. The limited exemption applies
361	if the project meets all of the following criteria:
362	1.  The project will not cause the adopted level-of-service
363	standards for the Strategic Intermodal System facilities to be
364	exceeded by more than 150 percent within the first 5 years of
365	the project's development.
366	2.  The project, upon completion, would result in the
367	creation of at least 50 full-time jobs.
368	3.  The project is compatible with existing and planned
369	adjacent land uses.
370	4.  The project is consistent with local and regional
371	economic development goals or plans.
372	5.  The project is proximate to regionally significant road
373	and rail transportation facilities.
374	6.  The project is proximate to a community having an
375	unemployment rate, as of the date of the development order
376	application, which is 10 percent or more above the statewide
377	reported average.
378	Section 7.  Section 166.033, Florida Statutes, is amended
379	to read:
380	166.033  Development permits.-When a municipality denies an
381	application for a development permit, the municipality shall
382	give written notice to the applicant. The notice must include a
383	citation to the applicable portions of an ordinance, rule,
384	statute, or other legal authority for the denial of the permit.
385	As used in this section, the term "development permit" has the
386	same meaning as in s. 163.3164. A municipality may not require
387	as a condition of processing a development permit that an
388	applicant obtain a permit or approval from any other state or
389	federal agency unless the agency has issued a notice of intent
390	to deny the federal or state permit before the municipal action
391	on the local development permit. Issuance of a development
392	permit by a municipality does not in any way create any right on
393	the part of an applicant to obtain a permit from another state
394	or federal agency and does not create any liability on the part
395	of the municipality for issuance of the permit if the applicant
396	fails to fulfill its legal obligations to obtain requisite
397	approvals or fulfill the obligations imposed by another state or
398	federal agency. A municipality may attach such a disclaimer to
399	the issuance of development permits and may include a permit
400	condition that all other applicable state or federal permits be
401	obtained before commencement of the development. This section
402	does not prohibit a municipality from providing information to
403	an applicant regarding what other state or federal permits may
404	apply.
405	Section 8.  Section 166.0447, Florida Statutes, is created
406	to read:
407	166.0447  Biofuels and renewable energy.-The construction
408	and operation of a biofuel processing facility or a renewable
409	energy generating facility, as defined in s. 366.91(2)(d), and
410	the cultivation and production of bioenergy, as defined pursuant
411	to s. 163.3177, except where biomass material derived from
412	municipal solid waste or landfill gases provides the renewable
413	energy for such facilities, are each a valid industrial,
414	agricultural, and silvicultural use permitted within those land
415	use categories in the local comprehensive land use plan and for
416	purposes of any local zoning regulation within an incorporated
417	area of a municipality. Such comprehensive land use plans and
418	local zoning regulations may not require the owner or operator
419	of a biofuel processing facility or a renewable energy
420	generating facility to obtain any comprehensive plan amendment,
421	rezoning, special exemption, use permit, waiver, or variance, or
422	to pay any special fee in excess of $1,000 to operate in an area
423	zoned for or categorized as industrial, agricultural, or
424	silvicultural use. This section does not exempt biofuel
425	processing facilities and renewable energy generating facilities
426	from complying with building code requirements. The construction
427	and operation of a facility and related improvements on a
428	portion of a property pursuant to this section does not affect
429	the remainder of that property's classification as agricultural
430	pursuant to s. 193.461.
431	Section 9.  Subsection (10) is added to section 373.026,
432	Florida Statutes, to read:
433	373.026  General powers and duties of the department.-The
434	department, or its successor agency, shall be responsible for
435	the administration of this chapter at the state level. However,
436	it is the policy of the state that, to the greatest extent
437	possible, the department may enter into interagency or
438	interlocal agreements with any other state agency, any water
439	management district, or any local government conducting programs
440	related to or materially affecting the water resources of the
441	state. All such agreements shall be subject to the provisions of
442	s. 373.046. In addition to its other powers and duties, the
443	department shall, to the greatest extent possible:
444	(10)  Expand the use of Internet-based self-certification
445	services for appropriate exemptions and general permits issued
446	by the department and the water management districts, if such
447	expansion is economically feasible. In addition to expanding the
448	use of Internet-based self-certification services for
449	appropriate exemptions and general permits, the department and
450	water management districts shall identify and develop general
451	permits for appropriate activities currently requiring
452	individual review which could be expedited through the use of
453	applicable professional certification.
454	Section 10.  Subsection (6) is added to section 373.413,
455	Florida Statutes, to read:
456	373.413  Permits for construction or alteration.-
457	(6)  The provisions of s. 403.0874, relating to the
458	incentive-based permitting program, apply to permits issued
459	under this section.
460	Section 11.  Subsections (1) and (2), paragraph (c) of
461	subsection (3), and subsection (4) of section 373.4137, Florida
462	Statutes, are amended to read:
463	373.4137  Mitigation requirements for specified
464	transportation projects.-
465	(1)  The Legislature finds that environmental mitigation
466	for the impact of transportation projects proposed by the
467	Department of Transportation or a transportation authority
468	established pursuant to chapter 348 or chapter 349 can be more
469	effectively achieved by regional, long-range mitigation planning
470	rather than on a project-by-project basis. It is the intent of
471	the Legislature that mitigation to offset the adverse effects of
472	these transportation projects be funded by the Department of
473	Transportation and be carried out by the water management
474	districts, through including the use of private mitigation banks
475	if available or, if a private mitigation bank is not available,
476	through any other mitigation options that satisfy state and
477	federal requirements established pursuant to this part.
478	(2)  Environmental impact inventories for transportation
479	projects proposed by the Department of Transportation or a
480	transportation authority established pursuant to chapter 348 or
481	chapter 349 shall be developed as follows:
482	(a)  By July 1 of each year, the Department of
483	Transportation or a transportation authority established
484	pursuant to chapter 348 or chapter 349 which chooses to
485	participate in this program shall submit to the water management
486	districts a list copy of its projects in the adopted work
487	program and an environmental impact inventory of habitats
488	addressed in the rules adopted pursuant to this part and s. 404
489	of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
490	by its plan of construction for transportation projects in the
491	next 3 years of the tentative work program. The Department of
492	Transportation or a transportation authority established
493	pursuant to chapter 348 or chapter 349 may also include in its
494	environmental impact inventory the habitat impacts of any future
495	transportation project. The Department of Transportation and
496	each transportation authority established pursuant to chapter
497	348 or chapter 349 may fund any mitigation activities for future
498	projects using current year funds.
499	(b)  The environmental impact inventory shall include a
500	description of these habitat impacts, including their location,
501	acreage, and type; state water quality classification of
502	impacted wetlands and other surface waters; any other state or
503	regional designations for these habitats; and a list survey of
504	threatened species, endangered species, and species of special
505	concern affected by the proposed project.
506	(3)
507	(c)  Except for current mitigation projects in the
508	monitoring and maintenance phase and except as allowed by
509	paragraph (d), the water management districts may request a
510	transfer of funds from an escrow account no sooner than 30 days
511	prior to the date the funds are needed to pay for activities
512	associated with development or implementation of the approved
513	mitigation plan described in subsection (4) for the current
514	fiscal year, including, but not limited to, design, engineering,
515	production, and staff support. Actual conceptual plan
516	preparation costs incurred before plan approval may be submitted
517	to the Department of Transportation or the appropriate
518	transportation authority each year with the plan. The conceptual
519	plan preparation costs of each water management district will be
520	paid from mitigation funds associated with the environmental
521	impact inventory for the current year. The amount transferred to
522	the escrow accounts each year by the Department of
523	Transportation and participating transportation authorities
524	established pursuant to chapter 348 or chapter 349 shall
525	correspond to a cost per acre of $75,000 multiplied by the
526	projected acres of impact identified in the environmental impact
527	inventory described in subsection (2). However, the $75,000 cost
528	per acre does not constitute an admission against interest by
529	the state or its subdivisions nor is the cost admissible as
530	evidence of full compensation for any property acquired by
531	eminent domain or through inverse condemnation. Each July 1, the
532	cost per acre shall be adjusted by the percentage change in the
533	average of the Consumer Price Index issued by the United States
534	Department of Labor for the most recent 12-month period ending
535	September 30, compared to the base year average, which is the
536	average for the 12-month period ending September 30, 1996. Each
537	quarter, the projected acreage of impact shall be reconciled
538	with the acreage of impact of projects as permitted, including
539	permit modifications, pursuant to this part and s. 404 of the
540	Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
541	of funds shall be adjusted accordingly to reflect the acreage of
542	impacts as permitted. The Department of Transportation and
543	participating transportation authorities established pursuant to
544	chapter 348 or chapter 349 are authorized to transfer such funds
545	from the escrow accounts to the water management districts to
546	carry out the mitigation programs. Environmental mitigation
547	funds that are identified or maintained in an escrow account for
548	the benefit of a water management district may be released if
549	the associated transportation project is excluded in whole or
550	part from the mitigation plan. For a mitigation project that is
551	in the maintenance and monitoring phase, the water management
552	district may request and receive a one-time payment based on the
553	project's expected future maintenance and monitoring costs. Upon
554	disbursement of the final maintenance and monitoring payment,
555	the department or the participating transportation authorities'
556	obligation will be satisfied, the water management district will
557	have continuing responsibility for the mitigation project, and
558	the escrow account for the project established by the Department
559	of Transportation or the participating transportation authority
560	may be closed. Any interest earned on these disbursed funds
561	shall remain with the water management district and must be used
562	as authorized under this section.
563	(4)  Prior to March 1 of each year, each water management
564	district, in consultation with the Department of Environmental
565	Protection, the United States Army Corps of Engineers, the
566	Department of Transportation, participating transportation
567	authorities established pursuant to chapter 348 or chapter 349,
568	and other appropriate federal, state, and local governments, and
569	other interested parties, including entities operating
570	mitigation banks, shall develop a plan for the primary purpose
571	of complying with the mitigation requirements adopted pursuant
572	to this part and 33 U.S.C. s. 1344. In developing such plans,
573	private mitigation banks shall be used if available or, if a
574	private mitigation bank is not available, the districts shall
575	use utilize sound ecosystem management practices to address
576	significant water resource needs and shall focus on activities
577	of the Department of Environmental Protection and the water
578	management districts, such as surface water improvement and
579	management (SWIM) projects and lands identified for potential
580	acquisition for preservation, restoration or enhancement, and
581	the control of invasive and exotic plants in wetlands and other
582	surface waters, to the extent that such activities comply with
583	the mitigation requirements adopted under this part and 33
584	U.S.C. s. 1344. In determining the activities to be included in
585	such plans, the districts shall also consider the purchase of
586	credits from public or private mitigation banks permitted under
587	s. 373.4136 and associated federal authorization and shall
588	include such purchase as a part of the mitigation plan when such
589	purchase would offset the impact of the transportation project,
590	provide equal benefits to the water resources than other
591	mitigation options being considered, and provide the most cost-
592	effective mitigation option. The mitigation plan shall be
593	submitted to the water management district governing board, or
594	its designee, for review and approval. At least 14 days prior to
595	approval, the water management district shall provide a copy of
596	the draft mitigation plan to any person who has requested a
597	copy.
598	(a)  For each transportation project with a funding request
599	for the next fiscal year, the mitigation plan must include a
600	brief explanation of why a mitigation bank was or was not chosen
601	as a mitigation option, including an estimation of identifiable
602	costs of the mitigation bank and nonbank options to the extent
603	practicable.
604	(b)  Specific projects may be excluded from the mitigation
605	plan, in whole or in part, and shall not be subject to this
606	section upon the election agreement of the Department of
607	Transportation, or a transportation authority if applicable, or
608	and the appropriate water management district that the inclusion
609	of such projects would hamper the efficiency or timeliness of
610	the mitigation planning and permitting process. The water
611	management district may choose to exclude a project in whole or
612	in part if the district is unable to identify mitigation that
613	would offset impacts of the project.
614	Section 12.  Section 373.4141, Florida Statutes, is amended
615	to read:
616	373.4141  Permits; processing.-
617	(1)  Within 30 days after receipt of an application for a
618	permit under this part, the department or the water management
619	district shall review the application and shall request
620	submittal of all additional information the department or the
621	water management district is permitted by law to require. If the
622	applicant believes any request for additional information is not
623	authorized by law or rule, the applicant may request a hearing
624	pursuant to s. 120.57. Within 30 days after receipt of such
625	additional information, the department or water management
626	district shall review it and may request only that information
627	needed to clarify such additional information or to answer new
628	questions raised by or directly related to such additional
629	information. If the applicant believes the request of the
630	department or water management district for such additional
631	information is not authorized by law or rule, the department or
632	water management district, at the applicant's request, shall
633	proceed to process the permit application. The department or
634	water management district may request additional information no
635	more than twice unless the applicant waives this limitation in
636	writing. If the applicant does not provide a written response to
637	the second request for additional information within 90 days or
638	another time period mutually agreed upon between the applicant
639	and the department or water management district, the application
640	shall be considered withdrawn.
641	(2)  A permit shall be approved or denied within 60 90 days
642	after receipt of the original application, the last item of
643	timely requested additional material, or the applicant's written
644	request to begin processing the permit application.
645	(3)  Processing of applications for permits for affordable
646	housing projects shall be expedited to a greater degree than
647	other projects.
648	(4)  A state agency or an agency of the state may not
649	require as a condition of approval for a permit or as an item to
650	complete a pending permit application that an applicant obtain a
651	permit or approval from any other local, state, or federal
652	agency without explicit statutory authority to require such
653	permit or approval.
654	Section 13.  Section 373.4144, Florida Statutes, is amended
655	to read:
656	373.4144  Federal environmental permitting.-
657	(1)  It is the intent of the Legislature to:
658	(a)  Facilitate coordination and a more efficient process
659	of implementing regulatory duties and functions between the
660	Department of Environmental Protection, the water management
661	districts, the United States Army Corps of Engineers, the United
662	States Fish and Wildlife Service, the National Marine Fisheries
663	Service, the United States Environmental Protection Agency, the
664	Fish and Wildlife Conservation Commission, and other relevant
665	federal and state agencies.
666	(b)  Authorize the Department of Environmental Protection
667	to obtain issuance by the United States Army Corps of Engineers,
668	pursuant to state and federal law and as set forth in this
669	section, of an expanded state programmatic general permit, or a
670	series of regional general permits, for categories of activities
671	in waters of the United States governed by the Clean Water Act
672	and in navigable waters under the Rivers and Harbors Act of 1899
673	which are similar in nature, which will cause only minimal
674	adverse environmental effects when performed separately, and
675	which will have only minimal cumulative adverse effects on the
676	environment.
677	(c)  Use the mechanism of such a state general permit or
678	such regional general permits to eliminate overlapping federal
679	regulations and state rules that seek to protect the same
680	resource and to avoid duplication of permitting between the
681	United States Army Corps of Engineers and the department for
682	minor work located in waters of the United States, including
683	navigable waters, thus eliminating, in appropriate cases, the
684	need for a separate individual approval from the United States
685	Army Corps of Engineers while ensuring the most stringent
686	protection of wetland resources.
687	(d)  Direct the department not to seek issuance of or take
688	any action pursuant to any such permit or permits unless such
689	conditions are at least as protective of the environment and
690	natural resources as existing state law under this part and
691	federal law under the Clean Water Act and the Rivers and Harbors
692	Act of 1899. The department is directed to develop, on or before
693	October 1, 2005, a mechanism or plan to consolidate, to the
694	maximum extent practicable, the federal and state wetland
695	permitting programs. It is the intent of the Legislature that
696	all dredge and fill activities impacting 10 acres or less of
697	wetlands or waters, including navigable waters, be processed by
698	the state as part of the environmental resource permitting
699	program implemented by the department and the water management
700	districts. The resulting mechanism or plan shall analyze and
701	propose the development of an expanded state programmatic
702	general permit program in conjunction with the United States
703	Army Corps of Engineers pursuant to s. 404 of the Clean Water
704	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
705	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
706	or in combination with an expanded state programmatic general
707	permit, the mechanism or plan may propose the creation of a
708	series of regional general permits issued by the United States
709	Army Corps of Engineers pursuant to the referenced statutes. All
710	of the regional general permits must be administered by the
711	department or the water management districts or their designees.
712	(2)  In order to effectuate efficient wetland permitting
713	and avoid duplication, the department and water management
714	districts are authorized to implement a voluntary state
715	programmatic general permit for all dredge and fill activities
716	impacting 3 acres or less of wetlands or other surface waters,
717	including navigable waters, subject to agreement with the United
718	States Army Corps of Engineers, if the general permit is at
719	least as protective of the environment and natural resources as
720	existing state law under this part and federal law under the
721	Clean Water Act and the Rivers and Harbors Act of 1899. The
722	department is directed to file with the Speaker of the House of
723	Representatives and the President of the Senate a report
724	proposing any required federal and state statutory changes that
725	would be necessary to accomplish the directives listed in this
726	section and to coordinate with the Florida Congressional
727	Delegation on any necessary changes to federal law to implement
728	the directives.
729	(3)  Nothing in this section shall be construed to preclude
730	the department from pursuing a series of regional general
731	permits for construction activities in wetlands or surface
732	waters or complete assumption of federal permitting programs
733	regulating the discharge of dredged or fill material pursuant to
734	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
735	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
736	Act of 1899, so long as the assumption encompasses all dredge
737	and fill activities in, on, or over jurisdictional wetlands or
738	waters, including navigable waters, within the state.
739	Section 14.  Subsections (2) and (3), paragraph (a) of
740	subsection (4), and paragraph (a) of subsection (6) of section
741	373.41492, Florida Statutes, are amended to read:
742	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
743	mitigation for mining activities within the Miami-Dade County
744	Lake Belt.-
745	(2)  To provide for the mitigation of wetland resources
746	lost to mining activities within the Miami-Dade County Lake Belt
747	Plan, effective October 1, 1999, a mitigation fee is imposed on
748	each ton of limerock and sand extracted by any person who
749	engages in the business of extracting limerock or sand from
750	within the Miami-Dade County Lake Belt Area and the east one-
751	half of sections 24 and 25 and all of sections 35 and 36,
752	Township 53 South, Range 39 East. The mitigation fee is imposed
753	for each ton of limerock and sand sold from within the
754	properties where the fee applies in raw, processed, or
755	manufactured form, including, but not limited to, sized
756	aggregate, asphalt, cement, concrete, and other limerock and
757	concrete products. The mitigation fee imposed by this subsection
758	for each ton of limerock and sand sold shall be 12 cents per ton
759	beginning January 1, 2007; 18 cents per ton beginning January 1,
760	2008; 24 cents per ton beginning January 1, 2009; and 45 cents
761	per ton beginning close of business December 31, 2011. To pay
762	for seepage mitigation projects, including hydrological
763	structures, as authorized in an environmental resource permit
764	issued by the department for mining activities within the Miami-
765	Dade County Lake Belt Area, and to upgrade a water treatment
766	plant that treats water coming from the Northwest Wellfield in
767	Miami-Dade County, a water treatment plant upgrade fee is
768	imposed within the same Lake Belt Area subject to the mitigation
769	fee and upon the same kind of mined limerock and sand subject to
770	the mitigation fee. The water treatment plant upgrade fee
771	imposed by this subsection for each ton of limerock and sand
772	sold shall be 15 cents per ton beginning on January 1, 2007, and
773	the collection of this fee shall cease once the total amount of
774	proceeds collected for this fee reaches the amount of the actual
775	moneys necessary to design and construct the water treatment
776	plant upgrade, as determined in an open, public solicitation
777	process. Any limerock or sand that is used within the mine from
778	which the limerock or sand is extracted is exempt from the fees.
779	The amount of the mitigation fee and the water treatment plant
780	upgrade fee imposed under this section must be stated separately
781	on the invoice provided to the purchaser of the limerock or sand
782	product from the limerock or sand miner, or its subsidiary or
783	affiliate, for which the fee or fees apply. The limerock or sand
784	miner, or its subsidiary or affiliate, who sells the limerock or
785	sand product shall collect the mitigation fee and the water
786	treatment plant upgrade fee and forward the proceeds of the fees
787	to the Department of Revenue on or before the 20th day of the
788	month following the calendar month in which the sale occurs. As
789	used in this section, the term "proceeds of the fee" means all
790	funds collected and received by the Department of Revenue under
791	this section, including interest and penalties on delinquent
792	fees. The amount deducted for administrative costs may not
793	exceed 3 percent of the total revenues collected under this
794	section and may equal only those administrative costs reasonably
795	attributable to the fees.
796	(3)  The mitigation fee and the water treatment plant
797	upgrade fee imposed by this section must be reported to the
798	Department of Revenue. Payment of the mitigation and the water
799	treatment plant upgrade fees must be accompanied by a form
800	prescribed by the Department of Revenue. The proceeds of the
801	mitigation fee, less administrative costs, must be transferred
802	by the Department of Revenue to the South Florida Water
803	Management District and deposited into the Lake Belt Mitigation
804	Trust Fund. Beginning January 1, 2012, and ending December 31,
805	2017, or upon issuance of water quality certification by the
806	department for mining activities within Phase II of the Miami-
807	Dade County Lake Belt Plan, whichever occurs later, the proceeds
808	of the water treatment plant upgrade fee, less administrative
809	costs, must be transferred by the Department of Revenue to the
810	South Florida Water Management District and deposited into the
811	Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the
812	proceeds of the water treatment plant upgrade fee, less
813	administrative costs, must be transferred by the Department of
814	Revenue to a trust fund established by Miami-Dade County, for
815	the sole purpose authorized by paragraph (6)(a). As used in this
816	section, the term "proceeds of the fee" means all funds
817	collected and received by the Department of Revenue under this
818	section, including interest and penalties on delinquent fees.
819	The amount deducted for administrative costs may not exceed 3
820	percent of the total revenues collected under this section and
821	may equal only those administrative costs reasonably
822	attributable to the fees.
823	(4)(a)  The Department of Revenue shall administer,
824	collect, and enforce the mitigation and water treatment plant
825	upgrade fees authorized under this section in accordance with
826	the procedures used to administer, collect, and enforce the
827	general sales tax imposed under chapter 212. The provisions of
828	chapter 212 with respect to the authority of the Department of
829	Revenue to audit and make assessments, the keeping of books and
830	records, and the interest and penalties imposed on delinquent
831	fees apply to this section. The fees may not be included in
832	computing estimated taxes under s. 212.11, and the dealer's
833	credit for collecting taxes or fees provided for in s. 212.12
834	does not apply to the fees imposed by this section.
835	(6)(a)  The proceeds of the mitigation fee must be used to
836	conduct mitigation activities that are appropriate to offset the
837	loss of the value and functions of wetlands as a result of
838	mining activities and must be used in a manner consistent with
839	the recommendations contained in the reports submitted to the
840	Legislature by the Miami-Dade County Lake Belt Plan
841	Implementation Committee and adopted under s. 373.4149. Such
842	mitigation may include the purchase, enhancement, restoration,
843	and management of wetlands and uplands, the purchase of
844	mitigation credit from a permitted mitigation bank, and any
845	structural modifications to the existing drainage system to
846	enhance the hydrology of the Miami-Dade County Lake Belt Area.
847	Funds may also be used to reimburse other funding sources,
848	including the Save Our Rivers Land Acquisition Program, the
849	Internal Improvement Trust Fund, the South Florida Water
850	Management District, and Miami-Dade County, for the purchase of
851	lands that were acquired in areas appropriate for mitigation due
852	to rock mining and to reimburse governmental agencies that
853	exchanged land under s. 373.4149 for mitigation due to rock
854	mining. The proceeds of the water treatment plant upgrade fee
855	that are deposited into the Lake Belt Mitigation Trust Fund
856	shall be used solely to pay for seepage mitigation projects,
857	including groundwater or surface water management structures, as
858	authorized in an environmental resource permit issued by the
859	department for mining activities within the Miami-Dade County
860	Lake Belt Area. The proceeds of the water treatment plant
861	upgrade fee that are transferred to a trust fund established by
862	Miami-Dade County shall be used to upgrade a water treatment
863	plant that treats water coming from the Northwest Wellfield in
864	Miami-Dade County. As used in this section, the terms "upgrade a
865	water treatment plant" or "water treatment plant upgrade" means
866	those works necessary to treat or filter a surface water source
867	or supply or both.
868	Section 15.  Present subsections (3), (4), and (5) of
869	section 373.441, Florida Statutes, are renumbered as subsections
870	(6), (7), and (8), respectively, and new subsections (3), (4),
871	and (5) are added to that section to read:
872	373.441  Role of counties, municipalities, and local
873	pollution control programs in permit processing; delegation.-
874	(3)  A county having a population of 75,000 or more or a
875	municipality having a population of more than 50,000 that
876	implements a local pollution control program regulating wetlands
877	or surface waters throughout its geographic boundary must apply
878	for delegation of state environmental resource permitting
879	authority on or before June 1, 2012. A county, municipality, or
880	local pollution control program that fails to receive delegation
881	of authority by June 1, 2013, may not require permits that in
882	part or in full are substantially similar to the requirements
883	needed to obtain an environmental resource permit.
884	(4)  Upon delegation to a qualified local government, the
885	department and water management district may not regulate the
886	activities subject to the delegation within that jurisdiction
887	unless regulation is required pursuant to the terms of the
888	delegation agreement.
889	(5)  This section does not prohibit or limit a local
890	government from adopting a pollution control program regulating
891	wetlands or surface waters after June 1, 2012, if the local
892	government applies for and receives delegation of state
893	environmental resource permitting authority within 1 year after
894	adopting such a program.
895	Section 16.  Section 376.30715, Florida Statutes, is
896	amended to read:
897	376.30715  Innocent victim petroleum storage system
898	restoration.-A contaminated site acquired by the current owner
899	prior to July 1, 1990, which has ceased operating as a petroleum
900	storage or retail business prior to January 1, 1985, is eligible
901	for financial assistance pursuant to s. 376.305(6),
902	notwithstanding s. 376.305(6)(a). For purposes of this section,
903	the term "acquired" means the acquisition of title to the
904	property; however, a subsequent transfer of the property to a
905	spouse or child of the owner, a surviving spouse or child of the
906	owner in trust or free of trust, or a revocable trust created
907	for the benefit of the settlor, or a corporate entity created by
908	the owner to hold title to the site does not disqualify the site
909	from financial assistance pursuant to s. 376.305(6) and
910	applicants previously denied coverage may reapply. Eligible
911	sites shall be ranked in accordance with s. 376.3071(5).
912	Section 17.  Paragraph (u) is added to subsection (24) of
913	section 380.06, Florida Statutes, to read:
914	380.06  Developments of regional impact.-
915	(24)  STATUTORY EXEMPTIONS.-
916	(u)  Any proposed solid mineral mine and any proposed
917	addition to, expansion of, or change to an existing solid
918	mineral mine is exempt from the provisions of this section.
919	Proposed changes to any previously approved solid mineral mine
920	development-of-regional-impact development orders having vested
921	rights is not subject to further review or approval as a
922	development of regional impact or notice of proposed change
923	review or approval pursuant to subsection (19), except for those
924	applications pending as of July 1, 2011, which shall be governed
925	by s. 380.115(2). Notwithstanding the foregoing, however,
926	pursuant to s. 380.115(1), previously approved solid mineral
927	mine development-of-regional-impact development orders shall
928	continue to enjoy vested rights and continue to be effective
929	unless rescinded by the developer.
930
931	If a use is exempt from review as a development of regional
932	impact under paragraphs (a)-(s), but will be part of a larger
933	project that is subject to review as a development of regional
934	impact, the impact of the exempt use must be included in the
935	review of the larger project, unless such exempt use involves a
936	development of regional impact that includes a landowner,
937	tenant, or user that has entered into a funding agreement with
938	the Office of Tourism, Trade, and Economic Development under the
939	Innovation Incentive Program and the agreement contemplates a
940	state award of at least $50 million.
941	Section 18.  Subsection (1) of section 380.0657, Florida
942	Statutes, is amended to read:
943	380.0657  Expedited permitting process for economic
944	development projects.-
945	(1)  The Department of Environmental Protection and, as
946	appropriate, the water management districts created under
947	chapter 373 shall adopt programs to expedite the processing of
948	wetland resource and environmental resource permits for economic
949	development projects that have been identified by a municipality
950	or county as meeting the definition of target industry
951	businesses under s. 288.106, or any inland multimodal facility,
952	receiving or sending cargo to or from Florida ports, with the
953	exception of those projects requiring approval by the Board of
954	Trustees of the Internal Improvement Trust Fund.
955	Section 19.  Subsection (11) of section 403.061, Florida
956	Statutes, is amended to read:
957	403.061  Department; powers and duties.-The department
958	shall have the power and the duty to control and prohibit
959	pollution of air and water in accordance with the law and rules
960	adopted and promulgated by it and, for this purpose, to:
961	(11)  Establish ambient air quality and water quality
962	standards for the state as a whole or for any part thereof, and
963	also standards for the abatement of excessive and unnecessary
964	noise. The department shall is authorized to establish
965	reasonable zones of mixing for discharges into waters where
966	assimilative capacity in the receiving water is available. Zones
967	of discharge to groundwater are authorized to a facility or
968	owner's property boundary and extending to the base of a
969	specifically designated aquifer or aquifers. Discharges that
970	occur within a zone of discharge or on land that is over a zone
971	of discharge do not create liability under this chapter or
972	chapter 376 for site cleanup and the exceedance of soil cleanup
973	target levels is not a basis for enforcement or site cleanup.
974	(a)  When a receiving body of water fails to meet a water
975	quality standard for pollutants set forth in department rules, a
976	steam electric generating plant discharge of pollutants that is
977	existing or licensed under this chapter on July 1, 1984, may
978	nevertheless be granted a mixing zone, provided that:
979	1.  The standard would not be met in the water body in the
980	absence of the discharge;
981	2.  The discharge is in compliance with all applicable
982	technology-based effluent limitations;
983	3.  The discharge does not cause a measurable increase in
984	the degree of noncompliance with the standard at the boundary of
985	the mixing zone; and
986	4.  The discharge otherwise complies with the mixing zone
987	provisions specified in department rules.
988	(b)  No mixing zone for point source discharges shall be
989	permitted in Outstanding Florida Waters except for:
990	1.  Sources that have received permits from the department
991	prior to April 1, 1982, or the date of designation, whichever is
992	later;
993	2.  Blowdown from new power plants certified pursuant to
994	the Florida Electrical Power Plant Siting Act;
995	3.  Discharges of water necessary for water management
996	purposes which have been approved by the governing board of a
997	water management district and, if required by law, by the
998	secretary; and
999	4.  The discharge of demineralization concentrate which has
1000	been determined permittable under s. 403.0882 and which meets
1001	the specific provisions of s. 403.0882(4)(a) and (b), if the
1002	proposed discharge is clearly in the public interest.
1003	(c)  The department, by rule, shall establish water quality
1004	criteria for wetlands which criteria give appropriate
1005	recognition to the water quality of such wetlands in their
1006	natural state.
1007
1008	Nothing in this act shall be construed to invalidate any
1009	existing department rule relating to mixing zones. The
1010	department shall cooperate with the Department of Highway Safety
1011	and Motor Vehicles in the development of regulations required by
1012	s. 316.272(1).
1013
1014	The department shall implement such programs in conjunction with
1015	its other powers and duties and shall place special emphasis on
1016	reducing and eliminating contamination that presents a threat to
1017	humans, animals or plants, or to the environment.
1018	Section 20.  Subsection (7) of section 403.087, Florida
1019	Statutes, is amended to read:
1020	403.087  Permits; general issuance; denial; revocation;
1021	prohibition; penalty.-
1022	(7)  A permit issued pursuant to this section shall not
1023	become a vested right in the permittee. The department may
1024	revoke any permit issued by it if it finds that the permitholder
1025	has:
1026	(a)  Has Submitted false or inaccurate information in the
1027	his or her application for such permit;
1028	(b)  Has Violated law, department orders, rules, or
1029	regulations, or permit conditions;
1030	(c)  Has Failed to submit operational reports or other
1031	information required by department rule which directly relate to
1032	such permit and has refused to correct or cure such violations
1033	when requested to do so or regulation; or
1034	(d)  Has Refused lawful inspection under s. 403.091 at the
1035	facility authorized by such permit.
1036	Section 21.  Section 403.0874, Florida Statutes, is created
1037	to read:
1038	403.0874  Incentive-based permitting program.-
1039	(1)  SHORT TITLE.-This section may be cited as the "Florida
1040	Incentive-based Permitting Act."
1041	(2)  FINDINGS AND INTENT.-The Legislature finds and
1042	declares that the department should consider compliance history
1043	when deciding whether to issue, renew, amend, or modify a permit
1044	by evaluating an applicant's site-specific and program-specific
1045	relevant aggregate compliance history. Persons having a history
1046	of complying with applicable permits or state environmental laws
1047	and rules are eligible for permitting benefits, including, but
1048	not limited to, expedited permit application reviews, longer-
1049	duration permit periods, decreased announced compliance
1050	inspections, and other similar regulatory and compliance
1051	incentives to encourage and reward such persons for their
1052	environmental performance.
1053	(3)  APPLICABILITY.-
1054	(a)  This section applies to all persons and regulated
1055	activities that are subject to the permitting requirements of
1056	chapter 161, chapter 373, or this chapter, and all other
1057	applicable state or federal laws that govern activities for the
1058	purpose of protecting the environment or the public health from
1059	pollution or contamination.
1060	(b)  Notwithstanding paragraph (a), this section does not
1061	apply to certain permit actions or environmental permitting laws
1062	such as:
1063	1.  Environmental permitting or authorization laws that
1064	regulate activities for the purpose of zoning, growth
1065	management, or land use; or
1066	2.  Any federal law or program delegated or assumed by the
1067	state to the extent that implementation of this section, or any
1068	part of this section, would jeopardize the ability of the state
1069	to retain such delegation or assumption.
1070	(c)  As used in this section, the term "regulated activity"
1071	means any activity, including, but not limited to, the
1072	construction or operation of a facility, installation, system,
1073	or project, for which a permit, certification, or authorization
1074	is required under chapter 161, chapter 373, or this chapter.
1075	(4)  COMPLIANCE HISTORY.-The compliance history period
1076	shall be the 10 years before the date any permit or renewal
1077	application is received by the department. Any person is
1078	entitled to the incentives under subsection (5) if:
1079	(a)1.  The applicant has conducted the regulated activity
1080	at the same site for which the permit or renewal is sought for
1081	at least 8 of the 10 years before the date the permit
1082	application is received by the department; or
1083	2.  The applicant has conducted the same regulated activity
1084	at a different site within the state for at least 8 of the 10
1085	years before the date the permit or renewal application is
1086	received by the department;
1087	(b)  In the 10 years before the date the permit or renewal
1088	application is received by the department or water management
1089	district, the applicant has not been subject to a formal
1090	administrative or civil judgment or criminal conviction whereby
1091	an administrative law judge or civil or criminal court found the
1092	applicant violated the applicable law or rule or has been the
1093	subject of an administrative settlement or consent order,
1094	whether formal or informal, that established a violation of an
1095	applicable law or rule; and
1096	(c)  The applicant can demonstrate during a 10-year
1097	compliance history period the implementation of activities or
1098	practices that resulted in:
1099	1.  Reductions in actual or permitted discharges or
1100	emissions;
1101	2.  Reductions in the impacts of regulated activities on
1102	public lands or natural resources; and
1103	3.  Implementation of voluntary environmental performance
1104	programs, such as environmental management systems.
1105	(5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1106	applicable incentives at the time of application submittal.
1107	Unless otherwise prohibited by state or federal law, rule, or
1108	regulation, and if the applicant meets all other applicable
1109	criteria for the issuance of a permit or authorization, an
1110	applicant is entitled to the following incentives:
1111	(a)  Expedited reviews on permit actions, including, but
1112	not limited to, initial permit issuance, renewal, modification,
1113	and transfer, if applicable. Expedited review means, at a
1114	minimum, that any request for additional information regarding a
1115	permit application shall be issued no later than 15 days after
1116	the application is filed, and final agency action shall be taken
1117	no later than 45 days after the application is deemed complete;
1118	(b)  Priority review of permit application;
1119	(c)  Reduced number of routine compliance inspections;
1120	(d)  No more than two requests for additional information
1121	under s. 120.60; and
1122	(e)  Longer permit period durations.
1123	(6)  RULEMAKING.-The department shall implement rulemaking
1124	within 6 months after the effective date of this act. Such
1125	rulemaking may identify additional incentives and programs not
1126	expressly enumerated under this section, so long as each
1127	incentive is consistent with the Legislature's purpose and
1128	intent of this section. Any rule adopted by the department to
1129	administer this section shall be deemed an invalid exercise of
1130	delegated legislative authority if the department cannot
1131	demonstrate how such rules will produce the compliance
1132	incentives set forth in subsection (5). The department's rules
1133	adopted under this section are binding on the water management
1134	districts and any local government that has been delegated or
1135	assumed a regulatory program to which this section applies.
1136	Section 22.  Subsection (32) of section 403.703, Florida
1137	Statutes, is amended to read:
1138	403.703  Definitions.-As used in this part, the term:
1139	(32)  "Solid waste" means sludge unregulated under the
1140	federal Clean Water Act or Clean Air Act, sludge from a waste
1141	treatment works, water supply treatment plant, or air pollution
1142	control facility, or garbage, rubbish, refuse, special waste, or
1143	other discarded material, including solid, liquid, semisolid, or
1144	contained gaseous material resulting from domestic, industrial,
1145	commercial, mining, agricultural, or governmental operations.
1146	Recovered materials as defined in subsection (24) are not solid
1147	waste. The term does not include sludge from a waste treatment
1148	works if the sludge is not discarded.
1149	Section 23.  Subsections (2) and (3) of section 403.707,
1150	Florida Statutes, are amended to read:
1151	403.707  Permits.-
1152	(2)  Except as provided in s. 403.722(6), a permit under
1153	this section is not required for the following, if the activity
1154	does not create a public nuisance or any condition adversely
1155	affecting the environment or public health and does not violate
1156	other state or local laws, ordinances, rules, regulations, or
1157	orders:
1158	(a)  Disposal by persons of solid waste resulting from
1159	their own activities on their own property, if such waste is
1160	ordinary household waste from their residential property or is
1161	rocks, soils, trees, tree remains, and other vegetative matter
1162	that normally result from land development operations. Disposal
1163	of materials that could create a public nuisance or adversely
1164	affect the environment or public health, such as white goods;
1165	automotive materials, such as batteries and tires; petroleum
1166	products; pesticides; solvents; or hazardous substances, is not
1167	covered under this exemption.
1168	(b)  Storage in containers by persons of solid waste
1169	resulting from their own activities on their property, leased or
1170	rented property, or property subject to a homeowners or
1171	maintenance association for which the person contributes
1172	association assessments, if the solid waste in such containers
1173	is collected at least once a week.
1174	(c)  Disposal by persons of solid waste resulting from
1175	their own activities on their property, if:
1176	1.  The environmental effects of such disposal on
1177	groundwater and surface waters are:
1178	a.1.  Addressed or authorized by a site certification order
1179	issued under part II or a permit issued by the department under
1180	this chapter or rules adopted pursuant to this chapter; or
1181	b.2.  Addressed or authorized by, or exempted from the
1182	requirement to obtain, a groundwater monitoring plan approved by
1183	the department. As used in this sub-subparagraph, "addressed by
1184	a groundwater monitoring plan" means the plan is sufficient to
1185	monitor groundwater or surface water for contaminants of
1186	concerns associated with the solid waste being disposed. A
1187	groundwater monitoring plan can be demonstrated to be sufficient
1188	irrespective of whether the groundwater monitoring plan or
1189	disposal is referenced in a department permit or other
1190	authorization.
1191	2.  The disposal of solid waste takes place within an area
1192	which is over a zone of discharge.
1193
1194	The disposal of solid waste pursuant to this paragraph does not
1195	create liability under this chapter or chapter 376 for site
1196	cleanup and the exceedance of soil cleanup target levels is not
1197	a basis for enforcement or site cleanup.
1198	(d)  Disposal by persons of solid waste resulting from
1199	their own activities on their own property, if such disposal
1200	occurred prior to October 1, 1988.
1201	(e)  Disposal of solid waste resulting from normal farming
1202	operations as defined by department rule. Polyethylene
1203	agricultural plastic, damaged, nonsalvageable, untreated wood
1204	pallets, and packing material that cannot be feasibly recycled,
1205	which are used in connection with agricultural operations
1206	related to the growing, harvesting, or maintenance of crops, may
1207	be disposed of by open burning if a public nuisance or any
1208	condition adversely affecting the environment or the public
1209	health is not created by the open burning and state or federal
1210	ambient air quality standards are not violated.
1211	(f)  The use of clean debris as fill material in any area.
1212	However, this paragraph does not exempt any person from
1213	obtaining any other required permits, and does not affect a
1214	person's responsibility to dispose of clean debris appropriately
1215	if it is not to be used as fill material.
1216	(g)  Compost operations that produce less than 50 cubic
1217	yards of compost per year when the compost produced is used on
1218	the property where the compost operation is located.
1219	(3)  All applicable provisions of ss. 403.087 and 403.088,
1220	relating to permits, apply to the control of solid waste
1221	management facilities. Additionally, any permit issued to a
1222	solid waste management facility that is designed with a leachate
1223	control system that meets department requirements shall be
1224	issued for a term of 20 years unless the applicant requests a
1225	lesser permit term. Permit fees for qualifying solid waste
1226	management facilities shall be prorated to the permit term
1227	authorized by this section. This provision applies to all
1228	qualifying solid waste management facilities that apply for an
1229	operating or construction permit or renew an existing operating
1230	or construction permit on or after July 1, 2012.
1231	Section 24.  Subsection (12) is added to section 403.814,
1232	Florida Statutes, to read:
1233	403.814  General permits; delegation.-
1234	(12)  A general permit shall be granted for the
1235	construction, alteration, and maintenance of a surface water
1236	management system serving a total project area of up to 10
1237	acres. The construction of such a system may proceed without any
1238	agency action by the department or water management district if:
1239	(a)  The total project area is less than 10 acres;
1240	(b)  The total project area involves less than 2 acres of
1241	impervious surface;
1242	(c)  No activities will impact wetlands or other surface
1243	waters;
1244	(d)  No activities are conducted in, on, or over wetlands
1245	or other surface waters;
1246	(e)  Drainage facilities will not include pipes having
1247	diameters greater than 24 inches, or the hydraulic equivalent,
1248	and will not use pumps in any manner;
1249	(f)  The project is not part of a larger common plan of
1250	development or sale;
1251	(g)  The project does not:
1252	1.  Cause adverse water quantity or flooding impacts to
1253	receiving water and adjacent lands;
1254	2.  Cause adverse impacts to existing surface water storage
1255	and conveyance capabilities;
1256	3.  Cause a violation of state water quality standards; and
1257	4.  Cause an adverse impact to the maintenance of surface
1258	or ground water levels or surface water flows established
1259	pursuant to s. 373.042 or a work of the district established
1260	pursuant to s. 373.086; and
1261	(h)  The surface water management system design plans must
1262	be signed and sealed by a registered professional and must be
1263	capable, based on generally accepted engineering and scientific
1264	principles, of being performed and functioning as proposed.
1265	Section 25.  Paragraph (a) of subsection (3) and
1266	subsections (4), (5), (10), (11), (14), (15), and (18) of
1267	section 403.973, Florida Statutes, are amended to read:
1268	403.973  Expedited permitting; amendments to comprehensive
1269	plans.-
1270	(3)(a)  The secretary shall direct the creation of regional
1271	permit action teams for the purpose of expediting review of
1272	permit applications and local comprehensive plan amendments
1273	submitted by:
1274	1.  Businesses creating at least 50 jobs or a commercial or
1275	industrial development project that will be occupied by
1276	businesses that would individually or collectively create at
1277	least 50 jobs; or
1278	2.  Businesses creating at least 25 jobs if the project is
1279	located in an enterprise zone, or in a county having a
1280	population of fewer than 75,000 or in a county having a
1281	population of fewer than 125,000 which is contiguous to a county
1282	having a population of fewer than 75,000, as determined by the
1283	most recent decennial census, residing in incorporated and
1284	unincorporated areas of the county.
1285	(4)  The regional teams shall be established through the
1286	execution of a project-specific memoranda of agreement developed
1287	and executed by the applicant and the secretary, with input
1288	solicited from the office and the respective heads of the
1289	Department of Community Affairs, the Department of
1290	Transportation and its district offices, the Department of
1291	Agriculture and Consumer Services, the Fish and Wildlife
1292	Conservation Commission, appropriate regional planning councils,
1293	appropriate water management districts, and voluntarily
1294	participating municipalities and counties. The memoranda of
1295	agreement should also accommodate participation in this
1296	expedited process by other local governments and federal
1297	agencies as circumstances warrant.
1298	(5)  In order to facilitate local government's option to
1299	participate in this expedited review process, the secretary
1300	shall, in cooperation with local governments and participating
1301	state agencies, create a standard form memorandum of agreement.
1302	The standard form of the memorandum of agreement shall be used
1303	only if the local government participates in the expedited
1304	review process. In the absence of local government
1305	participation, only the project-specific memorandum of agreement
1306	executed pursuant to subsection (4) applies. A local government
1307	shall hold a duly noticed public workshop to review and explain
1308	to the public the expedited permitting process and the terms and
1309	conditions of the standard form memorandum of agreement.
1310	(10)  The memoranda of agreement may provide for the waiver
1311	or modification of procedural rules prescribing forms, fees,
1312	procedures, or time limits for the review or processing of
1313	permit applications under the jurisdiction of those agencies
1314	that are members of the regional permit action team party to the
1315	memoranda of agreement. Notwithstanding any other provision of
1316	law to the contrary, a memorandum of agreement must to the
1317	extent feasible provide for proceedings and hearings otherwise
1318	held separately by the parties to the memorandum of agreement to
1319	be combined into one proceeding or held jointly and at one
1320	location. Such waivers or modifications shall not be available
1321	for permit applications governed by federally delegated or
1322	approved permitting programs, the requirements of which would
1323	prohibit, or be inconsistent with, such a waiver or
1324	modification.
1325	(11)  The standard form for memoranda of agreement shall
1326	include guidelines to be used in working with state, regional,
1327	and local permitting authorities. Guidelines may include, but
1328	are not limited to, the following:
1329	(a)  A central contact point for filing permit applications
1330	and local comprehensive plan amendments and for obtaining
1331	information on permit and local comprehensive plan amendment
1332	requirements;
1333	(b)  Identification of the individual or individuals within
1334	each respective agency who will be responsible for processing
1335	the expedited permit application or local comprehensive plan
1336	amendment for that agency;
1337	(c)  A mandatory preapplication review process to reduce
1338	permitting conflicts by providing guidance to applicants
1339	regarding the permits needed from each agency and governmental
1340	entity, site planning and development, site suitability and
1341	limitations, facility design, and steps the applicant can take
1342	to ensure expeditious permit application and local comprehensive
1343	plan amendment review. As a part of this process, the first
1344	interagency meeting to discuss a project shall be held within 14
1345	days after the secretary's determination that the project is
1346	eligible for expedited review. Subsequent interagency meetings
1347	may be scheduled to accommodate the needs of participating local
1348	governments that are unable to meet public notice requirements
1349	for executing a memorandum of agreement within this timeframe.
1350	This accommodation may not exceed 45 days from the secretary's
1351	determination that the project is eligible for expedited review;
1352	(d)  The preparation of a single coordinated project
1353	description form and checklist and an agreement by state and
1354	regional agencies to reduce the burden on an applicant to
1355	provide duplicate information to multiple agencies;
1356	(e)  Establishment of a process for the adoption and review
1357	of any comprehensive plan amendment needed by any certified
1358	project within 90 days after the submission of an application
1359	for a comprehensive plan amendment. However, the memorandum of
1360	agreement may not prevent affected persons as defined in s.
1361	163.3184 from appealing or participating in this expedited plan
1362	amendment process and any review or appeals of decisions made
1363	under this paragraph; and
1364	(f)  Additional incentives for an applicant who proposes a
1365	project that provides a net ecosystem benefit.
1366	(14)(a)  Challenges to state agency action in the expedited
1367	permitting process for projects processed under this section are
1368	subject to the summary hearing provisions of s. 120.574, except
1369	that the administrative law judge's decision, as provided in s.
1370	120.574(2)(f), shall be in the form of a recommended order and
1371	shall not constitute the final action of the state agency. In
1372	those proceedings where the action of only one agency of the
1373	state other than the Department of Environmental Protection is
1374	challenged, the agency of the state shall issue the final order
1375	within 45 working days after receipt of the administrative law
1376	judge's recommended order, and the recommended order shall
1377	inform the parties of their right to file exceptions or
1378	responses to the recommended order in accordance with the
1379	uniform rules of procedure pursuant to s. 120.54. In those
1380	proceedings where the actions of more than one agency of the
1381	state are challenged, the Governor shall issue the final order
1382	within 45 working days after receipt of the administrative law
1383	judge's recommended order, and the recommended order shall
1384	inform the parties of their right to file exceptions or
1385	responses to the recommended order in accordance with the
1386	uniform rules of procedure pursuant to s. 120.54. For This
1387	paragraph does not apply to the issuance of department licenses
1388	required under any federally delegated or approved permit
1389	program. In such instances, the department, and not the
1390	Governor, shall enter the final order. The participating
1391	agencies of the state may opt at the preliminary hearing
1392	conference to allow the administrative law judge's decision to
1393	constitute the final agency action. If a participating local
1394	government agrees to participate in the summary hearing
1395	provisions of s. 120.574 for purposes of review of local
1396	government comprehensive plan amendments, s. 163.3184(9) and
1397	(10) apply.
1398	(b)  Projects identified in paragraph (3)(f) or challenges
1399	to state agency action in the expedited permitting process for
1400	establishment of a state-of-the-art biomedical research
1401	institution and campus in this state by the grantee under s.
1402	288.955 are subject to the same requirements as challenges
1403	brought under paragraph (a), except that, notwithstanding s.
1404	120.574, summary proceedings must be conducted within 30 days
1405	after a party files the motion for summary hearing, regardless
1406	of whether the parties agree to the summary proceeding.
1407	(15)  The office, working with the agencies providing
1408	cooperative assistance and input regarding the memoranda of
1409	agreement, shall review sites proposed for the location of
1410	facilities that the office has certified to be eligible for the
1411	Innovation Incentive Program under s. 288.1089. Within 20 days
1412	after the request for the review by the office, the agencies
1413	shall provide to the office a statement as to each site's
1414	necessary permits under local, state, and federal law and an
1415	identification of significant permitting issues, which if
1416	unresolved, may result in the denial of an agency permit or
1417	approval or any significant delay caused by the permitting
1418	process.
1419	(18)  The office, working with the Rural Economic
1420	Development Initiative and the agencies participating in the
1421	memoranda of agreement, shall provide technical assistance in
1422	preparing permit applications and local comprehensive plan
1423	amendments for counties having a population of fewer than 75,000
1424	residents, or counties having fewer than 125,000 residents which
1425	are contiguous to counties having fewer than 75,000 residents.
1426	Additional assistance may include, but not be limited to,
1427	guidance in land development regulations and permitting
1428	processes, working cooperatively with state, regional, and local
1429	entities to identify areas within these counties which may be
1430	suitable or adaptable for preclearance review of specified types
1431	of land uses and other activities requiring permits.
1432	Section 26.  Subsection (5) is added to section 526.203,
1433	Florida Statutes, to read:
1434	526.203  Renewable fuel standard.-
1435	(5)  This section does not prohibit the sale of unblended
1436	fuels for the uses exempted under subsection (3).
1437	Section 27.  Section 604.50, Florida Statutes, is amended
1438	to read:
1439	604.50  Nonresidential farm buildings.-
1440	(1)  Notwithstanding any other law to the contrary, any
1441	nonresidential farm building or farm fence is exempt from the
1442	Florida Building Code and any county or municipal building code
1443	or fee, except for code provisions implementing local, state, or
1444	federal floodplain management regulations.
1445	(2)  As used in For purposes of this section, the term:
1446	(a)  "Nonresidential farm building" means any temporary or
1447	permanent building or support structure that is classified as a
1448	nonresidential farm building on a farm under s. 553.73(9)(c) or
1449	that is used primarily for agricultural purposes, is located on
1450	a farm that is not used as a residential dwelling, and is
1451	located on land that is an integral part of a farm operation or
1452	is classified as agricultural land under s. 193.461, and is not
1453	intended to be used as a residential dwelling. The term may
1454	include, but is not limited to, a barn, greenhouse, shade house,
1455	farm office, storage building, or poultry house.
1456	(b)  The term "Farm" has the same meaning is as provided
1457	defined in s. 823.14.
1458	Section 28.  The installation of fuel tank upgrades to
1459	secondary containment systems shall be completed by the
1460	deadlines specified in Rule 62-761.510, Florida Administrative
1461	Code, Table UST. However, notwithstanding any agreements to the
1462	contrary, any fuel service station that changed ownership
1463	interest through a bona fide sale of the property between
1464	January 1, 2009, and December 31, 2009, is not required to
1465	complete the upgrades described in Rule 62-761.510, Florida
1466	Administrative Code, Table UST, until December 31, 2012.
1467	Section 29.  The uniform mitigation assessment rules
1468	adopted by the Department of Environmental Protection in chapter
1469	62-345, Florida Administrative Code, as of January 1, 2011, to
1470	fulfill the mandate of s. 373.414(18), Florida Statutes, are
1471	changed as follows:
1472	(1)  Rule 62-345.100(11), Florida Administrative Code, is
1473	added to read: "(11)  The Department of Environmental Protection
1474	shall be responsible for ensuring statewide coordination and
1475	consistency in the application of this rule by providing
1476	training and guidance to other relevant state agencies, water
1477	management districts, and local governments. Not less than every
1478	two years, the Department of Environmental Protection shall
1479	coordinate with the water management districts to verify
1480	consistent application of the methodology. To ensure that this
1481	rule is interpreted and applied uniformly, any interpretation or
1482	application of this rule by any agency or local government that
1483	differs from the Department of Environmental Protection's
1484	interpretation or application of this rule is incorrect and
1485	invalid. The Department of Environmental Protection's
1486	interpretation, application, and implementation of this rule
1487	shall be the only acceptable method."
1488	(2)  Rule 62-345.200(12), Florida Administrative Code, is
1489	changed to read: "(12)  "Without preservation assessment" means
1490	a reasonably anticipated use of the assessment area, and the
1491	temporary or permanent effects of those uses on the assessment
1492	area, considering the protection provided by existing easements,
1493	regulations, and land use restrictions. Reasonably anticipated
1494	uses include those activities that have been previously
1495	implemented within the assessment area or adjacent to the
1496	assessment area, or are considered to be common uses in the
1497	region without the need for additional authorizations or zoning,
1498	land use code, or comprehensive plan changes."
1499	(3)  Rule 62-345.300(1), Florida Administrative Code, is
1500	changed to read: "(1)  When an applicant proposes mitigation for
1501	impacts to wetlands and surface waters as part of an
1502	environmental resource permit or wetland resource permit
1503	application, the applicant will be responsible for preparing and
1504	submitting the necessary supporting information for the
1505	application of Rules 62-345.400-62-345.600, F.A.C., of this
1506	chapter and the reviewing agency will be responsible for
1507	verifying this information , contacting the applicant to address
1508	any insufficiencies or need for clarification, and approving the
1509	amount of mitigation necessary to offset the proposed impacts.
1510	When an applicant submits a mitigation bank or regional
1511	mitigation permit application, the applicant will be responsible
1512	for preparing and submitting the necessary supporting
1513	information for the application of Rules 62-345.400-.600,
1514	F.A.C., of this chapter and the reviewing agency will be
1515	responsible for verifying this information, contacting the
1516	applicant to address any insufficiencies or need for
1517	clarification, and approving the potential amount of mitigation
1518	to be provided by the bank or regional mitigation area. If an
1519	applicant submits either Part I or Part II or both, the
1520	reviewing agency shall notify the applicant of any inadequacy in
1521	the submittal or disagreement with the information provided.
1522	(4)  Rule 62-345.300(3)(a), Florida Administrative Code, is
1523	changed to read: "(a)  Conduct qualitative characterization of
1524	both the impact and mitigation assessment areas (Part I) that
1525	identifies the assessment area's native community type and the
1526	functions to fish and wildlife and their habitat, describes the
1527	current condition and functions provided by the assessment area,
1528	and summarizes the project condition of the assessment area. The
1529	purpose of Part I is to provide a framework for comparison of
1530	the assessment area to the optimal condition and
1531	location/landscape setting of that native community type.
1532	Another purpose of this part is to note any relevant factors of
1533	the assessment area that are discovered by site inspectors,
1534	including use by listed species."
1535	(5)  Rule 62-345.300(3)(c), Florida Administrative Code, is
1536	changed to read: "(c)  Adjust the gain in ecological value from
1537	either upland or wetland preservation in accordance with
1538	subsection 62-345.500(3), F.A.C. when preservation is the only
1539	mitigation activity proposed (absent creation, restoration, or
1540	enhancement activities) at a specified assessment area."
1541	(6)  The introductory paragraph of rule 62-345.400, Florida
1542	Administrative Code, is changed to read: "An impact or
1543	mitigation assessment area must be described with sufficient
1544	detail to provide a frame of reference for the type of community
1545	being evaluated and to identify the functions that will be
1546	evaluated. When an assessment area is an upland proposed as
1547	mitigation, functions must be related to the benefits provided
1548	by that upland to fish and wildlife of associated wetlands or
1549	other surface waters. Information for each assessment area must
1550	be sufficient to identify the functions beneficial to fish and
1551	wildlife and their habitat that are characteristic of the
1552	assessment area's native community type, based on currently
1553	available information, such as current and historic aerial
1554	photographs, topographic maps, geographic information system
1555	data and maps, site visits, scientific articles, journals, other
1556	professional reports, field verification when needed, and
1557	reasonable scientific judgment. For wetlands and other surface
1558	waters, other than those created for mitigation, that have been
1559	created on sites where such did not exist before the creation,
1560	such as borrow pits, ditches, and canals, refer to the native
1561	community type or surface water body to which it is most
1562	analogous in function for the given landscape position. For
1563	altered natural communities or surface waterbodies, refer to the
1564	native community type or surface water body present in the
1565	earliest available aerial photography except that if the
1566	alteration has been of such a degree and extent that a clearly
1567	defined different native community type is now present and self-
1568	sustaining, in which case the native community type shall be
1569	identified as the one the present community most closely
1570	resembles. In determining the historic native community type,
1571	all currently available information shall be used to ensure the
1572	highest degree of accuracy. The information provided by the
1573	applicant for each assessment area must address the following,
1574	as applicable:"
1575	(7)  Rule 62-345.500(1)(a), Florida Administrative Code, is
1576	changed to read: "(a)  Current condition or, in the case of
1577	preservation only mitigation, without preservation - The current
1578	condition of an assessment area is scored using the information
1579	in this part to determine the degree to which the assessment
1580	area currently provides the relative value of functions
1581	identified in Part I for the native community type. In the case
1582	of preservation-only mitigation, the "without preservation"
1583	assessment utilizes the information in this part to determine
1584	the degree to which the assessment area could provide the
1585	relative value of functions identified in Part I for the native
1586	community type assuming the area is not preserved. For
1587	assessment areas where previous impacts that affect the current
1588	condition are temporary in nature, consideration will be given
1589	to the inherent functions of these areas relative to seasonal
1590	hydrologic changes, and expected vegetation regeneration and
1591	projected habitat functions if the use of the area were to
1592	remain unchanged. When evaluating impacts to a previously
1593	permitted mitigation site that has not achieved its intended
1594	function, the reviewing agency shall consider the functions the
1595	mitigation site was intended to offset and any delay or
1596	reduction in offsetting those functions that may be caused by
1597	the project. Previous construction or alteration undertaken in
1598	violation of Part IV, Chapter 373, F.S., or Sections 403.91-
1599	.929, F.S. (1984 Supp.), as amended, or rule, order or permit
1600	adopted or issued thereunder, will not be considered as having
1601	diminished the condition and relative value of a wetland or
1602	surface water, when assigning a score under this part. When
1603	evaluating wetlands or other surface waters that are within an
1604	area that is subject to a recovery strategy pursuant to Chapter
1605	40D-80, F.A.C., impacts from water withdrawals will not be
1606	considered when assigning a score under this part."
1607	(8)  Rule 62-345.500(1)(b), Florida Administrative Code, is
1608	changed to read: "(b)  "With mitigation" or "with impact" - The
1609	"with mitigation" and "with impact" assessments are based on the
1610	reasonably expected outcome, which may represent an increase,
1611	decrease, or no change in value relative to current conditions.
1612	For the "with impact" and "with mitigation" assessments, the
1613	evaluator will assume that all other necessary regulatory
1614	authorizations required for the proposed project have been
1615	obtained and that construction will be consistent with such
1616	authorizations. The "with mitigation" assessment will be scored
1617	only when reasonable assurance has been provided that the
1618	proposed plan can be conducted. When scoring the "with
1619	mitigation" assessment for assessment areas involving
1620	enhancement, restoration, or creation activities and that are
1621	proposed to be placed under a conservation easement or other
1622	similar land protection mechanism, the with mitigation score
1623	shall reflect the combined preservation and
1624	enhancement/restoration/creation value of the specified
1625	assessment area, and the Preservation Adjustment Factor shall
1626	not apply to these mitigation assessments."
1627	(9)  Rule 62-345.500(2), Florida Administrative Code, is
1628	changed to read: "(2)  Uplands function as the contributing
1629	watershed to wetlands and are necessary to maintain the
1630	ecological value of associated wetlands or other surface waters.
1631	Upland mitigation assessment areas shall be scored using the
1632	landscape support/location and community structure indicators
1633	listed in subsection 62-345.500(6), F.A.C. Scoring of these
1634	indicators for the upland assessment areas shall be based on the
1635	degree to which the relative value of functions of the upland
1636	assessment area provide benefits to the fish and wildlife of the
1637	associated wetlands or other surface waters, considering the
1638	native community type, current condition, and anticipated
1639	ecological value of the uplands and associated wetlands and
1640	other surface waters.
1641	(a)  For upland preservation, the without preservation
1642	assessment utilizes the information in this part to determine
1643	the degree to which the assessment area could provide the
1644	relative value of functions identified in Part I for the native
1645	community type (to include benefits to fish and wildlife of the
1646	associated wetlands or other surface waters) assuming the upland
1647	area is not preserved. The gain in ecological value is
1648	determined by the mathematical difference between the score of
1649	the upland assessment area with the proposed preservation
1650	measure and the upland assessment area without the proposed
1651	preservation measure. When the community structure is scored as
1652	"zero", then the location and landscape support shall also be
1653	"zero". However, a gain in ecological value for the location and
1654	landscape support score can also occur when the community
1655	structure is scored other than "zero". The resulting delta is
1656	then multiplied by the preservation adjustment factor contained
1657	in subsection 62-345.500(3), F.A.C.
1658	(b)  For upland enhancement or restoration, the current
1659	condition of an assessment area is scored using the information
1660	in this part to determine the degree to which the assessment
1661	area currently provides the relative value of functions
1662	identified in Part I for the native community type (to include
1663	benefits to fish and wildlife of the associated wetlands or
1664	other surface waters). The value provided shall be determined by
1665	the mathematical difference between the score of the upland
1666	assessment area with the proposed restoration or enhancement
1667	measure and the current condition of the upland assessment area.
1668	(c)  For uplands proposed to be converted to wetlands or
1669	other surface waters through creation or restoration measures,
1670	the upland areas shall be scored as "zero" in their current
1671	condition. Only the "with mitigation" assessment shall be scored
1672	in accordance with the indicators listed in subsection 62-
1673	345.500(6), F.A.C."
1674	(10)  Rule 62-345.500(3), Florida Administrative Code, is
1675	changed to read: "(3)(a)  When an assessment area's mitigation
1676	plan consists of preservation only (absent creation,
1677	restoration, or enhancement activities), the "with mitigation"
1678	assessment shall consider the potential of the assessment area
1679	to perform current functions in the long term, considering the
1680	protection mechanism proposed, and the "without preservation"
1681	assessment shall evaluate the assessment area's functions
1682	considering the reasonably anticipated use of the assessment
1683	area and the temporary or permanent effects of those uses in the
1684	assessment area considering the protection provided by existing
1685	easements, regulations, and land use restrictions. The gain in
1686	ecological value is determined by the mathematical difference
1687	between the Part II scores for the "with mitigation" and
1688	"without preservation" (the delta) multiplied by a preservation
1689	adjustment factor. The preservation adjustment factor shall be
1690	scored on a scale from 0.2 (minimum preservation value) to 1
1691	(optimal preservation value), on one-tenth increments. The score
1692	shall be calculated by evaluating the scoring method set forth
1693	in the "Preservation Adjustment Factor Worksheet" for each of
1694	the following considerations:
1695	1.  The extent to which proposed management activities
1696	within the preserve area promote natural ecological conditions
1697	such as fire patterns or the exclusion of invasive exotic
1698	species.
1699	2.  The ecological and hydrological relationship between
1700	wetlands, other surface waters, and uplands to be preserved.
1701	3.  The scarcity of the habitat provided by the proposed
1702	preservation area and the degree to which listed species use the
1703	area.
1704	4.  The proximity of the area to be preserved to areas of
1705	national, state, or regional ecological significance, such as
1706	national or state parks, Outstanding Florida Waters, and other
1707	regionally significant ecological resources or habitats, such as
1708	lands acquired or to be acquired through governmental or non-
1709	profit land acquisition programs for environmental conservation,
1710	and whether the areas to be preserved include corridors between
1711	these habitats.
1712	5.  The extent and likelihood of potential adverse impacts
1713	if the assessment area were not preserved.
1714	(b)  Each of these considerations shall be scored on a
1715	relative scale of zero (0) to two-tenths (0.2) based on the
1716	value provided [optimal (0.2), low to moderate (0.1), and no
1717	value (0)] and summed together to calculate the preservation
1718	adjustment factor. The minimum value to be assigned to a
1719	specified assessment area will be 0.2. The preservation
1720	adjustment factor is multiplied by the mitigation delta assigned
1721	to the preservation proposal to yield an adjusted mitigation
1722	delta for preservation."
1723	(11)  Rule 62-345.500(6)(a), Florida Administrative Code,
1724	is changed to read: "(6)  Three categories of indicators of
1725	wetland function (landscape support, water environment and
1726	community structure) listed below are to be scored to the extent
1727	that they affect the ecological value of the assessment area.
1728	Upland mitigation assessment areas shall be scored for landscape
1729	support/location and community structure only.
1730	(a)  Landscape Support/Location - The value of functions
1731	provided by an assessment area to fish and wildlife are
1732	influenced by the landscape attributes of the assessment area
1733	and its relationship with surrounding areas. While the
1734	geographic location of the assessment area does not change, the
1735	ecological relationship between the assessment area and
1736	surrounding landscape may vary from the current condition to the
1737	"with impact" and "with mitigation" conditions. Additionally, a
1738	mitigation assessment area may be located within a regional
1739	corridor or in proximity to areas of national, state, or
1740	regional significance, and the "with mitigation" condition may
1741	serve to complement the regional ecological value identified for
1742	these areas. Many species that nest, feed, or find cover in a
1743	specific habitat or habitat type are also dependent in varying
1744	degrees upon other habitats, including upland, wetland, and
1745	other surface waters, that are present in the regional
1746	landscape. For example, many amphibian species require small
1747	isolated wetlands for breeding pools and for juvenile life
1748	stages, but may spend the remainder of their adult lives in
1749	uplands or other wetland habitats. If these habitats are
1750	unavailable or poorly connected in the landscape or are
1751	degraded, then the value of functions provided by the assessment
1752	area to the fish and wildlife identified in Part I is reduced.
1753	The assessment area shall also be considered to the extent that
1754	fish and wildlife utilizing the area have the opportunity to
1755	access other habitats necessary to fulfill their life history
1756	requirements. The availability, connectivity, and quality of
1757	offsite habitats, and offsite land uses which might adversely
1758	impact fish and wildlife utilizing these habitats, are factors
1759	to be considered in assessing the landscape support of the
1760	assessment area. The location of the assessment area shall be
1761	considered relative to offsite and upstream hydrologic
1762	contributing areas and to downstream and other connected waters
1763	to the extent that the diversity and abundance of fish and
1764	wildlife and their habitats is affected in these areas. The
1765	opportunity for the assessment area to provide offsite water
1766	quantity and quality benefits to fish and wildlife and their
1767	habitats downstream and in connected waters is assessed based on
1768	the degree of hydrologic connectivity between these habitats and
1769	the extent to which offsite habitats are affected by discharges
1770	from the assessment area. It is recognized that isolated
1771	wetlands lack surface water connections to downstream waters and
1772	as a result, do not perform certain functions (e.g., detrital
1773	transport) to benefit downstream fish and wildlife; for such
1774	wetlands, this consideration does not apply.
1775	1.  A score of (10) means the assessment area, in
1776	combination with the surrounding landscape, provides full
1777	opportunity for the assessment area to perform beneficial
1778	functions at an optimal level. The score is based on reasonable
1779	scientific judgment and characterized by a predominance of the
1780	following, as applicable:
1781	a.  Habitats outside the assessment area represent the full
1782	range of habitats needed to fulfill the life history
1783	requirements of all wildlife listed in Part I and are available
1784	in sufficient quantity to provide optimal support for these
1785	wildlife.
1786	b.  Invasive exotic or other invasive plant species are not
1787	present in the proximity of the assessment area.
1788	c.  Wildlife access to and from habitats outside the
1789	assessment area is not limited by distance to these habitats and
1790	is unobstructed by landscape barriers.
1791	d.  Functions of the assessment area that benefit
1792	downstream fish and wildlife are not limited by distance or
1793	barriers that reduce the opportunity for the assessment area to
1794	provide these benefits.
1795	e.  Land uses outside the assessment area have no adverse
1796	impacts on wildlife in the assessment area as listed in Part I.
1797	f.  The opportunity for the assessment area to provide
1798	benefits to downstream or other hydrologically connected areas
1799	is not limited by hydrologic impediments or flow restrictions.
1800	g.  Downstream or other hydrologically connected habitats
1801	are critically or solely dependent on discharges from the
1802	assessment area and could suffer severe adverse impacts if the
1803	quality or quantity of these discharges were altered.
1804	h.  For upland mitigation assessment areas, the uplands
1805	provide a full suite of ecological values so as to provide
1806	optimal protection and support of wetland functions.
1807	2.  A score of (7) means that, compared to the optimal
1808	condition of the native community type, the opportunity for the
1809	assessment area to perform beneficial functions in combination
1810	with the surrounding landscape is limited to 70% of the optimal
1811	ecological value. The score is based on reasonable scientific
1812	judgment and characterized by a predominance of the following,
1813	as applicable:
1814	a.  Habitats outside the assessment area are available in
1815	sufficient quantity and variety to provide optimal support for
1816	most, but not all, of the wildlife listed in Part I, or certain
1817	wildlife populations may be limited due to the reduced
1818	availability of habitats needed to fulfill their life history
1819	requirements.
1820	b.  Some of the plant community composition in the
1821	proximity of the assessment area consists of invasive exotic or
1822	other invasive plant species, but cover is minimal and has
1823	minimal adverse effect on the functions provided by the
1824	assessment area.
1825	c.  Wildlife access to and from habitats outside the
1826	assessment area is partially limited, either by distance or by
1827	the presence of barriers that impede wildlife movement.
1828	d.  Functions of the assessment area that benefit fish and
1829	wildlife downstream are somewhat limited by distance or barriers
1830	that reduce the opportunity for the assessment area to provide
1831	these benefits.
1832	e.  Land uses outside the assessment area have minimal
1833	adverse impacts on fish and wildlife identified in Part I.
1834	f.  The opportunity for the assessment area to provide
1835	benefits to downstream or other hydrologically connected areas
1836	is limited by hydrologic impediments or flow restrictions such
1837	that these benefits are provided with lesser frequency or lesser
1838	magnitude than would occur under optimal conditions.
1839	g.  Downstream or other hydrologically connected habitats
1840	derive significant benefits from discharges from the assessment
1841	area and could suffer substantial adverse impacts if the quality
1842	or quantity of these discharges were altered.
1843	h.  For upland mitigation assessment areas, the uplands
1844	provide significant, but suboptimal ecological values and
1845	protection of wetland functions.
1846	3.  A score of (4) means that, compared to the optimal
1847	condition of the native community type, the opportunity for the
1848	assessment area to perform beneficial functions in combination
1849	with the surrounding landscape is limited to 40% of the optimal
1850	ecological value. The score is based on reasonable scientific
1851	judgment and characterized by a predominance of the following,
1852	as applicable:
1853	a.  Availability of habitats outside the assessment area is
1854	fair, but fails to provide support for some species of wildlife
1855	listed in Part I, or provides minimal support for many of the
1856	species listed in Part I.
1857	b.  The majority of the plant community composition in the
1858	proximity of the assessment area consists of invasive exotic or
1859	other invasive plant species that adversely affect the functions
1860	provided by the assessment area.
1861	c.  Wildlife access to and from habitats outside the
1862	assessment area is substantially limited, either by distance or
1863	by the presence of barriers which impede wildlife movement.
1864	d.  Functions of the assessment area that benefit fish and
1865	wildlife downstream are limited by distance or barriers that
1866	substantially reduce the opportunity for the assessment area to
1867	provide these benefits.
1868	e.  Land uses outside the assessment area have significant
1869	adverse impacts on fish and wildlife identified in Part I.
1870	f.  The opportunity for the assessment area to provide
1871	benefits to downstream or other hydrologically connected areas
1872	is limited by hydrologic impediments or flow restrictions, such
1873	that these benefits are rarely provided or are provided at
1874	greatly reduced levels compared to optimal conditions.
1875	g.  Downstream or other hydrologically connected habitats
1876	derive minimal benefits from discharges from the assessment area
1877	but could be adversely impacted if the quality or quantity of
1878	these discharges were altered.
1879	h.  For upland mitigation assessment areas, the uplands
1880	provide minimal ecological values and protection of wetland
1881	functions.
1882	4.  A score of (0) means that the assessment area, in
1883	combination with the surrounding landscape, provides no habitat
1884	support for wildlife utilizing the assessment area and no
1885	opportunity for the assessment area to provide benefits to fish
1886	and wildlife outside the assessment area. The score is based on
1887	reasonable scientific judgment and characterized by a
1888	predominance of the following, as applicable:
1889	a.  No habitats are available outside the assessment area
1890	to provide any support for the species of wildlife listed in
1891	Part I.
1892	b.  The plant community composition in the proximity of the
1893	assessment area consists predominantly of invasive exotic or
1894	other invasive plant species such that little or no function is
1895	provided by the assessment area.
1896	c.  Wildlife access to and from habitats outside the
1897	assessment area is precluded by barriers or distance.
1898	d.  Functions of the assessment area that would be expected
1899	to benefit fish and wildlife downstream are not present.
1900	e.  Land uses outside the assessment area have a severe
1901	adverse impact on wildlife in the assessment area as listed in
1902	Part I.
1903	f.  There is negligible or no opportunity for the
1904	assessment area to provide benefits to downstream or other
1905	hydrologically connected areas due to hydrologic impediments or
1906	flow restrictions that preclude provision of these benefits.
1907	g.  Discharges from the assessment area provide negligible
1908	or no benefits to downstream or hydrologically connected areas
1909	and these areas would likely be unaffected if the quantity or
1910	quality of these discharges were altered.
1911	h.  For upland mitigation assessment areas, the uplands
1912	provide no ecological value or protection of wetland functions."
1913	(12)  The Department of Environmental Protection is
1914	directed to make additional changes to the worksheet portions of
1915	chapter 62-345, Florida Administrative Code, as needed to
1916	conform to the changes set forth in this section.
1917	(13)  Any entity holding a mitigation bank permit that was
1918	evaluated under chapter 62-345, Florida Administrative Code, may
1919	apply to the relevant agency to have such mitigation bank
1920	reassessed pursuant to the changes to chapter 62-345, Florida
1921	Administrative Code, set forth in this section, if such
1922	application is filed with that agency no later than September
1923	30, 2011.
1924	Section 30.  This act shall take effect July 1, 2011.

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