HB 503

A bill to be entitled
2An act relating to environmental regulation; amending
3s. 125.022, F.S.; prohibiting a county from requiring
4an applicant to obtain a permit or approval from any
5state or federal agency as a condition of processing a
6development permit under certain conditions;
7authorizing a county to attach certain disclaimers to
8the issuance of a development permit; creating s.
9161.032, F.S.; requiring that the Department of
10Environmental Protection review an application for
11certain permits under the Beach and Shore Preservation
12Act and request additional information within a
13specified time; requiring that the department proceed
14to process the application if the applicant believes
15that a request for additional information is not
16authorized by law or rule; extending the period for an
17applicant to timely submit additional information,
18notwithstanding certain provisions of the
19Administrative Procedure Act; authorizing the
20department to issue such permits in advance of the
21issuance of certain authorizations as provided for in
22the Endangered Species Act under certain conditions;
23amending s. 161.041, F.S.; prohibiting the department
24from requiring certain sediment quality specifications
25or turbidity standards as a permit condition;
26providing legislative intent with respect to
27permitting for beach renourishment projects; directing
28the department to amend specified rules relating to
29permitting for such projects; amending s. 163.3180,
30F.S.; providing an exemption to the level-of-service
31standards adopted under the Strategic Intermodal
32System for certain inland multimodal facilities;
33specifying project criteria; amending s. 166.033,
34F.S.; prohibiting a municipality from requiring an
35applicant to obtain a permit or approval from any
36state or federal agency as a condition of processing a
37development permit under certain conditions;
38authorizing a municipality to attach certain
39disclaimers to the issuance of a development permit;
40amending s. 218.075, F.S.; providing for the reduction
41or waiver of permit processing fees relating to
42projects that serve a public purpose for certain
43entities created by special act, local ordinance, or
44interlocal agreement; amending s. 258.397, F.S.;
45providing an exemption from a showing of extreme
46hardship relating to the sale, transfer, or lease of
47sovereignty submerged lands in the Biscayne Bay
48Aquatic Preserve for certain municipal applicants;
49providing for additional dredging and filling
50activities in the preserve; amending s. 373.026, F.S.;
51requiring the department to expand its use of
52Internet-based self-certification services for
53exemptions and permits issued by the department and
54water management districts; amending s. 373.4141,
55F.S.; reducing the time within which a permit must be
56approved, denied, or subject to notice of proposed
57agency action; prohibiting a state agency or an agency
58of the state from requiring additional permits or
59approval from a local, state, or federal agency
60without explicit authority; amending s. 373.4144,
61F.S.; providing legislative intent with respect to the
62coordination of regulatory duties among specified
63state and federal agencies; encouraging expanded use
64of the state programmatic general permit or regional
65general permits; providing for a voluntary state
66programmatic general permit for certain dredge and
67fill activities; amending s. 373.441, F.S.; requiring
68that certain counties or municipalities apply by a
69specified date to the department or water management
70district for authority to require certain permits;
71providing that following such delegation, the
72department or district may not regulate activities
73that are subject to the delegation; clarifying the
74authority of local governments to adopt pollution
75control programs under certain conditions; providing
76applicability with respect to solid mineral mining;
77amending s. 376.3071, F.S.; exempting program
78deductibles, copayments, and certain assessment report
79requirements from expenditures under the low-scored
80site initiative; amending s. 376.30715, F.S.;
81providing that the transfer of a contaminated site
82from an owner to a child of the owner or corporate
83entity does not disqualify the site from the innocent
84victim petroleum storage system restoration financial
85assistance program; authorizing certain applicants to
86reapply for financial assistance; amending s.
87380.0657, F.S.; authorizing expedited permitting for
88certain inland multimodal facilities that individually
89or collectively will create a minimum number of jobs;
90amending s. 381.0065, F.S.; limiting applicability of
91the onsite sewage treatment and disposal system
92evaluation and assessment program; amending s.
93403.061, F.S.; requiring the department to establish
94reasonable zones of mixing for discharges into
95specified waters; providing that exceedance of certain
96groundwater standards does not create liability for
97site cleanup; providing that exceedance of soil
98cleanup target levels is not a basis for enforcement
99or cleanup; amending s. 403.087, F.S.; revising
100conditions under which the department is authorized to
101revoke permits for sources of air and water pollution;
102amending s. 403.1838, F.S.; revising the definition of
103the term "financially disadvantaged small community"
104for the purposes of the Small Community Sewer
105Construction Assistance Act; amending s. 403.7045,
106F.S.; providing conditions under which sludge from an
107industrial waste treatment works is not solid waste;
108amending s. 403.707, F.S.; exempting the disposal of
109solid waste monitored by certain groundwater
110monitoring plans from specific authorization;
111extending the duration of all permits issued to solid
112waste management facilities that meet specified
113criteria; providing an exception; providing for
114prorated permit fees; providing applicability;
115amending s. 403.814, F.S.; providing for issuance of
116general permits for the construction, alteration, and
117maintenance of certain surface water management
118systems without the action of the department or a
119water management district; specifying conditions for
120the general permits; amending s. 403.853, F.S.;
121providing for the department, or a local county health
122department designated by the department, to perform
123sanitary surveys for certain transient noncommunity
124water systems; amending s. 403.973, F.S.; authorizing
125expedited permitting for certain commercial or
126industrial development projects that individually or
127collectively will create a minimum number of jobs;
128providing for a project-specific memorandum of
129agreement to apply to a project subject to expedited
130permitting; clarifying the authority of the department
131to enter final orders for the issuance of certain
132licenses; revising criteria for the review of certain
133sites; amending s. 526.203, F.S.; authorizing the sale
134of unblended fuels for certain uses; revising the
135deadline for completion of the installation of fuel
136tank upgrades to secondary containment systems for
137specified properties; providing an effective date.
139Be It Enacted by the Legislature of the State of Florida:
141     Section 1.  Section 125.022, Florida Statutes, is amended
142to read:
143     125.022  Development permits.-When a county denies an
144application for a development permit, the county shall give
145written notice to the applicant. The notice must include a
146citation to the applicable portions of an ordinance, rule,
147statute, or other legal authority for the denial of the permit.
148As used in this section, the term "development permit" has the
149same meaning as in s. 163.3164. A county may not require as a
150condition of processing a development permit that an applicant
151obtain a permit or approval from any state or federal agency
152unless the agency has issued a notice of intent to deny the
153federal or state permit before the county action on the local
154development permit. Issuance of a development permit by a county
155does not in any way create any rights on the part of the
156applicant to obtain a permit from a state or federal agency and
157does not create any liability on the part of the county for
158issuance of the permit if the applicant fails to fulfill its
159legal obligations to obtain requisite approvals or fulfill the
160obligations imposed by a state or federal agency. A county may
161attach such a disclaimer to the issuance of a development
162permit, and may include a permit condition that all other
163applicable state or federal permits be obtained before
164commencement of the development. This section does not prohibit
165a county from providing information to an applicant regarding
166what other state or federal permits may apply.
167     Section 2.  Section 161.032, Florida Statutes, is created
168to read:
169     161.032  Application review; request for additional
171     (1)  Within 30 days after receipt of an application for a
172permit under this part, the department shall review the
173application and shall request submission of any additional
174information the department is permitted by law to require. If
175the applicant believes that a request for additional information
176is not authorized by law or rule, the applicant may request a
177hearing pursuant to s. 120.57. Within 30 days after receipt of
178such additional information, the department shall review the
179additional information and may request only that information
180needed to clarify the additional information or to answer new
181questions raised by or directly related to the additional
182information. If the applicant believes that the request for
183additional information by the department is not authorized by
184law or rule, the department, at the applicant's request, shall
185proceed to process the permit application.
186     (2)  Notwithstanding s. 120.60, an applicant for a permit
187under this part has 90 days after the date of a timely request
188for additional information to submit the information. If an
189applicant requires more than 90 days in order to respond to a
190request for additional information, the applicant must notify
191the agency processing the permit application in writing of the
192circumstances, at which time the application shall be held in
193active status for no more than one additional period of up to 90
194days. Additional extensions may be granted for good cause shown
195by the applicant. A showing that the applicant is making a
196diligent effort to obtain the requested additional information
197constitutes good cause. Failure of an applicant to provide the
198timely requested information by the applicable deadline shall
199result in denial of the application without prejudice.
200     (3)  Notwithstanding any other provision of law, the
201department may issue a permit pursuant to this part in advance
202of the issuance of any incidental take authorization as provided
203for in the Endangered Species Act and its implementing
204regulations if the permit and authorization include a condition
205that authorized activities may not begin until the incidental
206take authorization is issued.
207     Section 3.  Subsections (5) and (6) are added to section
208161.041, Florida Statutes, to read:
209     161.041  Permits required.-
210     (5)  The department may not require as a permit condition
211sediment quality specifications or turbidity standards more
212stringent than those provided for in this chapter, chapter 373,
213or the Florida Administrative Code. The department may not issue
214guidelines that are enforceable as standards without going
215through the rulemaking process pursuant to chapter 120.
216     (6)  As an incentive for permit applicants, it is the
217Legislature's intent to simplify the permitting for periodic
218maintenance of beach renourishment projects previously permitted
219and restored under the joint coastal permit process pursuant to
220this section or part IV of chapter 373. The department shall
221amend chapters 62B-41 and 62B-49 of the Florida Administrative
222Code to streamline the permitting process, as necessary, for
223periodic maintenance projects.
224     Section 4.  Subsection (7) is added to section 163.3180,
225Florida Statutes, to read:
226     163.3180  Concurrency.-
227     (7)  There shall be a limited exemption from the Strategic
228Intermodal System adopted level-of-service standards for new or
229redevelopment projects consistent with the local comprehensive
230plan as inland multimodal facilities receiving or sending cargo
231for distribution and providing cargo storage, consolidation,
232repackaging, and transfer of goods, and which may, if developed
233as proposed, include other intermodal terminals, related
234transportation facilities, warehousing and distribution
235facilities, and associated office space, light industrial,
236manufacturing, and assembly uses. The limited exemption applies
237if the project meets all of the following criteria:
238     (a)  The project will not cause the adopted level-of-
239service standards for the Strategic Intermodal System facilities
240to be exceeded by more than 150 percent within the first 5 years
241of the project's development.
242     (b)  The project, upon completion, would result in the
243creation of at least 50 full-time jobs.
244     (c)  The project is compatible with existing and planned
245adjacent land uses.
246     (d)  The project is consistent with local and regional
247economic development goals or plans.
248     (e)  The project is proximate to regionally significant
249road and rail transportation facilities.
250     (f)  The project is proximate to a community having an
251unemployment rate, as of the date of the development order
252application, which is 10 percent or more above the statewide
253reported average.
254     (g)  The local government has a plan, developed in
255consultation with the Department of Transportation, for
256mitigating any impacts to the strategic intermodal system.
257     Section 5.  Section 166.033, Florida Statutes, is amended
258to read:
259     166.033  Development permits.-When a municipality denies an
260application for a development permit, the municipality shall
261give written notice to the applicant. The notice must include a
262citation to the applicable portions of an ordinance, rule,
263statute, or other legal authority for the denial of the permit.
264As used in this section, the term "development permit" has the
265same meaning as in s. 163.3164. A municipality may not require
266as a condition of processing a development permit that an
267applicant obtain a permit or approval from any state or federal
268agency unless the agency has issued a notice of intent to deny
269the federal or state permit before the municipal action on the
270local development permit. Issuance of a development permit by a
271municipality does not in any way create any right on the part of
272an applicant to obtain a permit from a state or federal agency
273and does not create any liability on the part of the
274municipality for issuance of the permit if the applicant fails
275to fulfill its legal obligations to obtain requisite approvals
276or fulfill the obligations imposed by a state or federal agency.
277A municipality may attach such a disclaimer to the issuance of
278development permits and may include a permit condition that all
279other applicable state or federal permits be obtained before
280commencement of the development. This section does not prohibit
281a municipality from providing information to an applicant
282regarding what other state or federal permits may apply.
283     Section 6.  Section 218.075, Florida Statutes, is amended
284to read:
285     218.075  Reduction or waiver of permit processing fees.-
286Notwithstanding any other provision of law, the Department of
287Environmental Protection and the water management districts
288shall reduce or waive permit processing fees for counties with a
289population of 50,000 or less on April 1, 1994, until such
290counties exceed a population of 75,000 and municipalities with a
291population of 25,000 or less, or for an entity created by
292special act, local ordinance, or interlocal agreement of such
293counties or municipalities, or for any county or municipality
294not included within a metropolitan statistical area. Fee
295reductions or waivers shall be approved on the basis of fiscal
296hardship or environmental need for a particular project or
297activity. The governing body must certify that the cost of the
298permit processing fee is a fiscal hardship due to one of the
299following factors:
300     (1)  Per capita taxable value is less than the statewide
301average for the current fiscal year;
302     (2)  Percentage of assessed property value that is exempt
303from ad valorem taxation is higher than the statewide average
304for the current fiscal year;
305     (3)  Any condition specified in s. 218.503(1) which results
306in the county or municipality being in a state of financial
308     (4)  Ad valorem operating millage rate for the current
309fiscal year is greater than 8 mills; or
310     (5)  A financial condition that is documented in annual
311financial statements at the end of the current fiscal year and
312indicates an inability to pay the permit processing fee during
313that fiscal year.
315The permit applicant must be the governing body of a county or
316municipality or a third party under contract with a county or
317municipality or an entity created by special act, local
318ordinance, or interlocal agreement and the project for which the
319fee reduction or waiver is sought must serve a public purpose.
320If a permit processing fee is reduced, the total fee shall not
321exceed $100.
322     Section 7.  Paragraphs (a) and (b) of subsection (3) of
323section 258.397, Florida Statutes, are amended to read:
324     258.397  Biscayne Bay Aquatic Preserve.-
325     (3)  AUTHORITY OF TRUSTEES.-The Board of Trustees of the
326Internal Improvement Trust Fund is authorized and directed to
327maintain the aquatic preserve hereby created pursuant and
328subject to the following provisions:
329     (a)  No further Sale, transfer, or lease of sovereignty
330submerged lands in the preserve may not shall be approved or
331consummated by the board of trustees, except upon a showing of
332extreme hardship on the part of the applicant and a
333determination by the board of trustees that such sale, transfer,
334or lease is in the public interest. A municipal applicant
335proposing a project under paragraph (b) is exempt from showing
336extreme hardship.
337     (b)  No further Dredging or filling of submerged lands of
338the preserve may not shall be approved or tolerated by the board
339of trustees except:
340     1.  Such minimum dredging and spoiling as may be authorized
341for public navigation projects or for such minimum dredging and
342spoiling as may be constituted as a public necessity or for
343preservation of the bay according to the expressed intent of
344this section.
345     2.  Such other alteration of physical conditions, including
346the placement of riprap, as may be necessary to enhance the
347quality and utility of the preserve.
348     3.  Such minimum dredging and filling as may be authorized
349for the creation and maintenance of marinas, piers, and docks
350and their attendant navigation channels and access roads. Such
351projects may only be authorized only upon a specific finding by
352the board of trustees that there is assurance that the project
353will be constructed and operated in a manner that will not
354adversely affect the water quality and utility of the preserve.
355This subparagraph does shall not authorize the connection of
356upland canals to the waters of the preserve.
357     4.  Such dredging as is necessary for the purpose of
358eliminating conditions hazardous to the public health or for the
359purpose of eliminating stagnant waters, islands, and spoil
360banks, the dredging of which would enhance the aesthetic and
361environmental quality and utility of the preserve and be clearly
362in the public interest as determined by the board of trustees.
363     5.  Such dredging and filling as is necessary for the
364creation of public waterfront promenades.
366Any dredging or filling under this subsection or improvements
367under subsection (5) may shall be approved only after public
368notice as provided by s. 253.115.
369     Section 8.  Subsection (10) is added to section 373.026,
370Florida Statutes, to read:
371     373.026  General powers and duties of the department.-The
372department, or its successor agency, shall be responsible for
373the administration of this chapter at the state level. However,
374it is the policy of the state that, to the greatest extent
375possible, the department may enter into interagency or
376interlocal agreements with any other state agency, any water
377management district, or any local government conducting programs
378related to or materially affecting the water resources of the
379state. All such agreements shall be subject to the provisions of
380s. 373.046. In addition to its other powers and duties, the
381department shall, to the greatest extent possible:
382     (10)  Expand the use of Internet-based self-certification
383services for appropriate exemptions and general permits issued
384by the department and the water management districts, if such
385expansion is economically feasible. In addition to expanding the
386use of Internet-based self-certification services for
387appropriate exemptions and general permits, the department and
388water management districts shall identify and develop general
389permits for appropriate activities currently requiring
390individual review which could be expedited through the use of
391applicable professional certification.
392     Section 9.  Subsection (2) of section 373.4141, Florida
393Statutes, is amended, and subsection (4) is added to that
394section, to read:
395     373.4141  Permits; processing.-
396     (2)  A permit shall be approved, or denied, or subject to a
397notice of proposed agency action within 60 90 days after receipt
398of the original application, the last item of timely requested
399additional material, or the applicant's written request to begin
400processing the permit application.
401     (4)  A state agency or an agency of the state may not
402require as a condition of approval for a permit or as an item to
403complete a pending permit application that an applicant obtain a
404permit or approval from any other local, state, or federal
405agency without explicit statutory authority to require such
406permit or approval.
407     Section 10.  Section 373.4144, Florida Statutes, is amended
408to read:
409     373.4144  Federal environmental permitting.-
410     (1)  It is the intent of the Legislature to:
411     (a)  Facilitate coordination and a more efficient process
412of implementing regulatory duties and functions between the
413Department of Environmental Protection, the water management
414districts, the United States Army Corps of Engineers, the United
415States Fish and Wildlife Service, the National Marine Fisheries
416Service, the United States Environmental Protection Agency, the
417Fish and Wildlife Conservation Commission, and other relevant
418federal and state agencies.
419     (b)  Authorize the Department of Environmental Protection
420to obtain issuance by the United States Army Corps of Engineers,
421pursuant to state and federal law and as set forth in this
422section, of an expanded state programmatic general permit, or a
423series of regional general permits, for categories of activities
424in waters of the United States governed by the Clean Water Act
425and in navigable waters under the Rivers and Harbors Act of 1899
426which are similar in nature, which will cause only minimal
427adverse environmental effects when performed separately, and
428which will have only minimal cumulative adverse effects on the
430     (c)  Use the mechanism of such a state general permit or
431such regional general permits to eliminate overlapping federal
432regulations and state rules that seek to protect the same
433resource and to avoid duplication of permitting between the
434United States Army Corps of Engineers and the department for
435minor work located in waters of the United States, including
436navigable waters, thus eliminating, in appropriate cases, the
437need for a separate individual approval from the United States
438Army Corps of Engineers while ensuring the most stringent
439protection of wetland resources.
440     (d)  Direct the department not to seek issuance of or take
441any action pursuant to any such permit or permits unless such
442conditions are at least as protective of the environment and
443natural resources as existing state law under this part and
444federal law under the Clean Water Act and the Rivers and Harbors
445Act of 1899. The department is directed to develop, on or before
446October 1, 2005, a mechanism or plan to consolidate, to the
447maximum extent practicable, the federal and state wetland
448permitting programs. It is the intent of the Legislature that
449all dredge and fill activities impacting 10 acres or less of
450wetlands or waters, including navigable waters, be processed by
451the state as part of the environmental resource permitting
452program implemented by the department and the water management
453districts. The resulting mechanism or plan shall analyze and
454propose the development of an expanded state programmatic
455general permit program in conjunction with the United States
456Army Corps of Engineers pursuant to s. 404 of the Clean Water
457Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
458and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
459or in combination with an expanded state programmatic general
460permit, the mechanism or plan may propose the creation of a
461series of regional general permits issued by the United States
462Army Corps of Engineers pursuant to the referenced statutes. All
463of the regional general permits must be administered by the
464department or the water management districts or their designees.
465     (2)  In order to effectuate efficient wetland permitting
466and avoid duplication, the department and water management
467districts are authorized to implement a voluntary state
468programmatic general permit for all dredge and fill activities
469impacting 3 acres or less of wetlands or other surface waters,
470including navigable waters, subject to agreement with the United
471States Army Corps of Engineers, if the general permit is at
472least as protective of the environment and natural resources as
473existing state law under this part and federal law under the
474Clean Water Act and the Rivers and Harbors Act of 1899. The
475department is directed to file with the Speaker of the House of
476Representatives and the President of the Senate a report
477proposing any required federal and state statutory changes that
478would be necessary to accomplish the directives listed in this
479section and to coordinate with the Florida Congressional
480Delegation on any necessary changes to federal law to implement
481the directives.
482     (3)  Nothing in This section may not shall be construed to
483preclude the department from pursuing a series of regional
484general permits for construction activities in wetlands or
485surface waters or complete assumption of federal permitting
486programs regulating the discharge of dredged or fill material
487pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
488as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
489and Harbors Act of 1899, so long as the assumption encompasses
490all dredge and fill activities in, on, or over jurisdictional
491wetlands or waters, including navigable waters, within the
493     Section 11.  Present subsections (3), (4), and (5) of
494section 373.441, Florida Statutes, are renumbered as subsections
495(7), (8), and (9), respectively, and new subsections (3), (4),
496(5), and (6) are added to that section to read:
497     373.441  Role of counties, municipalities, and local
498pollution control programs in permit processing; delegation.-
499     (3)  A county or municipality having a population of
500400,000 or more that implements a local pollution control
501program regulating all or a portion of the wetlands or surface
502waters throughout its geographic boundary must apply for
503delegation of state environmental resource permitting authority
504on or before January 1, 2014. If such a county or municipality
505fails to receive delegation of all or a portion of state
506environmental resource permitting authority within 2 years after
507submitting its application for delegation or by January 1, 2016,
508at the latest, it may not require permits that in part or in
509full are substantially similar to the requirements needed to
510obtain an environmental resource permit. A county or
511municipality that has received delegation before January 1,
5122014, does not need to reapply.
513     (4)  The department is responsible for all delegations of
514state environmental resource permitting authority to local
515governments. The department must grant or deny an application
516for delegation submitted by a county or municipality that meets
517the criteria in subsection (3) within 2 years after the receipt
518of the application. If an application for delegation is denied,
519any available legal challenge to such denial shall toll the
520preemption deadline until resolution of the legal challenge.
521Upon delegation to a qualified local government, the department
522and water management district may not regulate the activities
523subject to the delegation within that jurisdiction.
524     (5)  This section does not prohibit or limit a local
525government that meets the criteria in subsection (3) from
526regulating wetlands or surface waters after January 1, 2014, if
527the local government receives delegation of all or a portion of
528state environmental resource permitting authority within 2 years
529after submitting its application for delegation.
530     (6)  Notwithstanding subsections (3), (4), and (5), this
531section does not apply to environmental resource permitting or
532reclamation applications for solid mineral mining and does not
533prohibit the application of local government regulations to any
534new solid mineral mine or any proposed addition to, change to,
535or expansion of an existing solid mineral mine.
536     Section 12.  Paragraph (b) of subsection (11) of section
537376.3071, Florida Statutes, is amended to read:
538     376.3071  Inland Protection Trust Fund; creation; purposes;
540     (11)
541     (b)  Low-scored site initiative.-Notwithstanding s.
542376.30711, any site with a priority ranking score of 10 points
543or less may voluntarily participate in the low-scored site
544initiative, whether or not the site is eligible for state
545restoration funding.
546     1.  To participate in the low-scored site initiative, the
547responsible party or property owner must affirmatively
548demonstrate that the following conditions are met:
549     a.  Upon reassessment pursuant to department rule, the site
550retains a priority ranking score of 10 points or less.
551     b.  No excessively contaminated soil, as defined by
552department rule, exists onsite as a result of a release of
553petroleum products.
554     c.  A minimum of 6 months of groundwater monitoring
555indicates that the plume is shrinking or stable.
556     d.  The release of petroleum products at the site does not
557adversely affect adjacent surface waters, including their
558effects on human health and the environment.
559     e.  The area of groundwater containing the petroleum
560products' chemicals of concern is less than one-quarter acre and
561is confined to the source property boundaries of the real
562property on which the discharge originated.
563     f.  Soils onsite that are subject to human exposure found
564between land surface and 2 feet below land surface meet the soil
565cleanup target levels established by department rule or human
566exposure is limited by appropriate institutional or engineering
568     2.  Upon affirmative demonstration of the conditions under
569subparagraph 1., the department shall issue a determination of
570"No Further Action." Such determination acknowledges that
571minimal contamination exists onsite and that such contamination
572is not a threat to human health or the environment. If no
573contamination is detected, the department may issue a site
574rehabilitation completion order.
575     3.  Sites that are eligible for state restoration funding
576may receive payment of preapproved costs for the low-scored site
577initiative as follows:
578     a.  A responsible party or property owner may submit an
579assessment plan designed to affirmatively demonstrate that the
580site meets the conditions under subparagraph 1. Notwithstanding
581the priority ranking score of the site, the department may
582preapprove the cost of the assessment pursuant to s. 376.30711,
583including 6 months of groundwater monitoring, not to exceed
584$30,000 for each site. The department may not pay the costs
585associated with the establishment of institutional or
586engineering controls.
587     b.  The assessment work shall be completed no later than 6
588months after the department issues its approval.
589     c.  No more than $10 million for the low-scored site
590initiative may shall be encumbered from the Inland Protection
591Trust Fund in any fiscal year. Funds shall be made available on
592a first-come, first-served basis and shall be limited to 10
593sites in each fiscal year for each responsible party or property
595     d.  Program deductibles, copayments, and the limited
596contamination assessment report requirements under paragraph
597(13)(c) do not apply to expenditures under this paragraph.
598     Section 13.  Section 376.30715, Florida Statutes, is
599amended to read:
600     376.30715  Innocent victim petroleum storage system
601restoration.-A contaminated site acquired by the current owner
602prior to July 1, 1990, which has ceased operating as a petroleum
603storage or retail business prior to January 1, 1985, is eligible
604for financial assistance pursuant to s. 376.305(6),
605notwithstanding s. 376.305(6)(a). For purposes of this section,
606the term "acquired" means the acquisition of title to the
607property; however, a subsequent transfer of the property to a
608spouse or child of the owner, a surviving spouse or child of the
609owner in trust or free of trust, or a revocable trust created
610for the benefit of the settlor, or a corporate entity created by
611the owner to hold title to the site does not disqualify the site
612from financial assistance pursuant to s. 376.305(6) and
613applicants previously denied coverage may reapply. Eligible
614sites shall be ranked in accordance with s. 376.3071(5).
615     Section 14.  Subsection (1) of section 380.0657, Florida
616Statutes, is amended to read:
617     380.0657  Expedited permitting process for economic
618development projects.-
619     (1)  The Department of Environmental Protection and, as
620appropriate, the water management districts created under
621chapter 373 shall adopt programs to expedite the processing of
622wetland resource and environmental resource permits for economic
623development projects that have been identified by a municipality
624or county as meeting the definition of target industry
625businesses under s. 288.106, or any inland multimodal facility
626receiving or sending cargo to or from Florida ports, with the
627exception of those projects requiring approval by the Board of
628Trustees of the Internal Improvement Trust Fund.
629     Section 15.  Paragraph (j) is added to subsection (5) of
630section 381.0065, Florida Statutes, to read:
631     381.0065  Onsite sewage treatment and disposal systems;
634     (j)  This subsection only applies to owners of onsite
635sewage treatment and disposal systems in a county in which the
636board of county commissioners has adopted a resolution
637subjecting owners to the requirements of the program and
638submitted a copy of the resolution to the department.
639     Section 16.  Subsection (11) of section 403.061, Florida
640Statutes, is amended to read:
641     403.061  Department; powers and duties.-The department
642shall have the power and the duty to control and prohibit
643pollution of air and water in accordance with the law and rules
644adopted and promulgated by it and, for this purpose, to:
645     (11)  Establish ambient air quality and water quality
646standards for the state as a whole or for any part thereof, and
647also standards for the abatement of excessive and unnecessary
648noise. The department is authorized to establish reasonable
649zones of mixing for discharges into waters. For existing
650installations as defined by rule 62-520.200(10), Florida
651Administrative Code, effective July 12, 2009, zones of discharge
652to groundwater are authorized to a facility's or owner's
653property boundary and extending to the base of a specifically
654designated aquifer or aquifers. Exceedance of primary and
655secondary groundwater standards that occur within a zone of
656discharge does not create liability pursuant to this chapter or
657chapter 376 for site cleanup, and the exceedance of soil cleanup
658target levels is not a basis for enforcement or site cleanup.
659     (a)  When a receiving body of water fails to meet a water
660quality standard for pollutants set forth in department rules, a
661steam electric generating plant discharge of pollutants that is
662existing or licensed under this chapter on July 1, 1984, may
663nevertheless be granted a mixing zone, provided that:
664     1.  The standard would not be met in the water body in the
665absence of the discharge;
666     2.  The discharge is in compliance with all applicable
667technology-based effluent limitations;
668     3.  The discharge does not cause a measurable increase in
669the degree of noncompliance with the standard at the boundary of
670the mixing zone; and
671     4.  The discharge otherwise complies with the mixing zone
672provisions specified in department rules.
673     (b)  No Mixing zones zone for point source discharges are
674not shall be permitted in Outstanding Florida Waters except for:
675     1.  Sources that have received permits from the department
676prior to April 1, 1982, or the date of designation, whichever is
678     2.  Blowdown from new power plants certified pursuant to
679the Florida Electrical Power Plant Siting Act;
680     3.  Discharges of water necessary for water management
681purposes which have been approved by the governing board of a
682water management district and, if required by law, by the
683secretary; and
684     4.  The discharge of demineralization concentrate which has
685been determined permittable under s. 403.0882 and which meets
686the specific provisions of s. 403.0882(4)(a) and (b), if the
687proposed discharge is clearly in the public interest.
688     (c)  The department, by rule, shall establish water quality
689criteria for wetlands which criteria give appropriate
690recognition to the water quality of such wetlands in their
691natural state.
693Nothing in This act may not be shall be construed to invalidate
694any existing department rule relating to mixing zones. The
695department shall cooperate with the Department of Highway Safety
696and Motor Vehicles in the development of regulations required by
697s. 316.272(1).
699The department shall implement such programs in conjunction with
700its other powers and duties and shall place special emphasis on
701reducing and eliminating contamination that presents a threat to
702humans, animals or plants, or to the environment.
703     Section 17.  Subsection (7) of section 403.087, Florida
704Statutes, is amended to read:
705     403.087  Permits; general issuance; denial; revocation;
706prohibition; penalty.-
707     (7)  A permit issued pursuant to this section does shall
708not become a vested right in the permittee. The department may
709revoke any permit issued by it if it finds that the permitholder
711     (a)  Has Submitted false or inaccurate information in the
712his or her application for the permit;
713     (b)  Has Violated law, department orders, rules, or
714regulations, or permit conditions;
715     (c)  Has Failed to submit operational reports or other
716information required by department rule which directly relate to
717the permit and has refused to correct or cure such violations
718when requested to do so or regulation; or
719     (d)  Has Refused lawful inspection under s. 403.091 at the
720facility authorized by the permit.
721     Section 18.  Subsection (2) of section 403.1838, Florida
722Statutes, is amended to read:
723     403.1838  Small Community Sewer Construction Assistance
725     (2)  The department shall use funds specifically
726appropriated to award grants under this section to assist
727financially disadvantaged small communities with their needs for
728adequate sewer facilities. For purposes of this section, the
729term "financially disadvantaged small community" means a
730municipality that has with a population of 10,000 7,500 or fewer
731less, according to the latest decennial census and a per capita
732annual income less than the state per capita annual income as
733determined by the United States Department of Commerce.
734     Section 19.  Paragraph (f) of subsection (1) of section
735403.7045, Florida Statutes, is amended to read:
736     403.7045  Application of act and integration with other
738     (1)  The following wastes or activities shall not be
739regulated pursuant to this act:
740     (f)  Industrial byproducts, if:
741     1.  A majority of the industrial byproducts are
742demonstrated to be sold, used, or reused within 1 year.
743     2.  The industrial byproducts are not discharged,
744deposited, injected, dumped, spilled, leaked, or placed upon any
745land or water so that such industrial byproducts, or any
746constituent thereof, may enter other lands or be emitted into
747the air or discharged into any waters, including groundwaters,
748or otherwise enter the environment such that a threat of
749contamination in excess of applicable department standards and
750criteria or a significant threat to public health is caused.
751     3.  The industrial byproducts are not hazardous wastes as
752defined under s. 403.703 and rules adopted under this section.
754Sludge from an industrial waste treatment works that meets the
755exemption requirements of this paragraph is not solid waste as
756defined in s. 403.703(32).
757     Section 20.  Subsections (2) and (3) of section 403.707,
758Florida Statutes, are amended to read:
759     403.707  Permits.-
760     (2)  Except as provided in s. 403.722(6), a permit under
761this section is not required for the following, if the activity
762does not create a public nuisance or any condition adversely
763affecting the environment or public health and does not violate
764other state or local laws, ordinances, rules, regulations, or
766     (a)  Disposal by persons of solid waste resulting from
767their own activities on their own property, if such waste is
768ordinary household waste from their residential property or is
769rocks, soils, trees, tree remains, and other vegetative matter
770that normally result from land development operations. Disposal
771of materials that could create a public nuisance or adversely
772affect the environment or public health, such as white goods;
773automotive materials, such as batteries and tires; petroleum
774products; pesticides; solvents; or hazardous substances, is not
775covered under this exemption.
776     (b)  Storage in containers by persons of solid waste
777resulting from their own activities on their property, leased or
778rented property, or property subject to a homeowners' homeowners
779or maintenance association for which the person contributes
780association assessments, if the solid waste in such containers
781is collected at least once a week.
782     (c)  Disposal by persons of solid waste resulting from
783their own activities on their property, if the environmental
784effects of such disposal on groundwater and surface waters are:
785     1.  Addressed or authorized by a site certification order
786issued under part II or a permit issued by the department under
787this chapter or rules adopted pursuant to this chapter; or
788     2.  Addressed or authorized by, or exempted from the
789requirement to obtain, a groundwater monitoring plan approved by
790the department. If a facility has a permit authorizing disposal
791activity, new areas where solid waste is being disposed of which
792are monitored by an existing or modified groundwater monitoring
793plan are not required to be specifically authorized in a permit
794or other certification.
795     (d)  Disposal by persons of solid waste resulting from
796their own activities on their own property, if such disposal
797occurred prior to October 1, 1988.
798     (e)  Disposal of solid waste resulting from normal farming
799operations as defined by department rule. Polyethylene
800agricultural plastic, damaged, nonsalvageable, untreated wood
801pallets, and packing material that cannot be feasibly recycled,
802which are used in connection with agricultural operations
803related to the growing, harvesting, or maintenance of crops, may
804be disposed of by open burning if a public nuisance or any
805condition adversely affecting the environment or the public
806health is not created by the open burning and state or federal
807ambient air quality standards are not violated.
808     (f)  The use of clean debris as fill material in any area.
809However, this paragraph does not exempt any person from
810obtaining any other required permits, and does not affect a
811person's responsibility to dispose of clean debris appropriately
812if it is not to be used as fill material.
813     (g)  Compost operations that produce less than 50 cubic
814yards of compost per year when the compost produced is used on
815the property where the compost operation is located.
816     (3)(a)  All applicable provisions of ss. 403.087 and
817403.088, relating to permits, apply to the control of solid
818waste management facilities.
819     (b)  Any permit issued to a solid waste management facility
820that is designed with a leachate control system that meets
821department requirements shall be issued for a term of 20 years
822unless the applicant requests a lesser permit term. Existing
823permit fees for qualifying solid waste management facilities
824shall be prorated to the permit term authorized by this section.
825This paragraph applies to all qualifying solid waste management
826facilities that apply for an operating or construction permit or
827renew an existing operating or construction permit on or after
828July 1, 2012.
829     Section 21.  Subsection (12) is added to section 403.814,
830Florida Statutes, to read:
831     403.814  General permits; delegation.-
832     (12)  A general permit shall be granted for the
833construction, alteration, and maintenance of a surface water
834management system serving a total project area of up to 10
835acres. The construction of such a system may proceed without any
836agency action by the department or water management district if:
837     (a)  The total project area is less than 10 acres;
838     (b)  The total project area involves less than 2 acres of
839impervious surface;
840     (c)  No activities will impact wetlands or other surface
842     (d)  No activities are conducted in, on, or over wetlands
843or other surface waters;
844     (e)  Drainage facilities will not include pipes having
845diameters greater than 24 inches, or the hydraulic equivalent,
846and will not use pumps in any manner;
847     (f)  The project is not part of a larger common plan,
848development, or sale;
849     (g)  The project does not:
850     1.  Cause adverse water quantity or flooding impacts to
851receiving water and adjacent lands;
852     2.  Cause adverse impacts to existing surface water storage
853and conveyance capabilities;
854     3.  Cause a violation of state water quality standards; or
855     4.  Cause an adverse impact to the maintenance of surface
856or ground water levels or surface water flows established
857pursuant to s. 373.042 or a work of the district established
858pursuant to s. 373.086; and
859     (h)  The surface water management system design plans are
860signed and sealed by a Florida registered professional who
861attests that the system will perform and function as proposed
862and has been designed in accordance with appropriate, generally
863accepted performance standards and scientific principles.
864     Section 22.  Subsection (6) of section 403.853, Florida
865Statutes, is amended to read:
866     403.853  Drinking water standards.-
867     (6)  Upon the request of the owner or operator of a
868transient noncommunity water system using groundwater as a
869source of supply and serving religious institutions or
870businesses, other than restaurants or other public food service
871establishments or religious institutions with school or day care
872services, and using groundwater as a source of supply, the
873department, or a local county health department designated by
874the department, shall perform a sanitary survey of the facility.
875Upon receipt of satisfactory survey results according to
876department criteria, the department shall reduce the
877requirements of such owner or operator from monitoring and
878reporting on a quarterly basis to performing these functions on
879an annual basis. Any revised monitoring and reporting schedule
880approved by the department under this subsection shall apply
881until such time as a violation of applicable state or federal
882primary drinking water standards is determined by the system
883owner or operator, by the department, or by an agency designated
884by the department, after a random or routine sanitary survey.
885Certified operators are not required for transient noncommunity
886water systems of the type and size covered by this subsection.
887Any reports required of such system shall be limited to the
888minimum as required by federal law. When not contrary to the
889provisions of federal law, the department may, upon request and
890by rule, waive additional provisions of state drinking water
891regulations for such systems.
892     Section 23.  Paragraph (a) of subsection (3) and
893subsections (4), (5), (10), (11), (14), (15), and (18) of
894section 403.973, Florida Statutes, are amended to read:
895     403.973  Expedited permitting; amendments to comprehensive
897     (3)(a)  The secretary shall direct the creation of regional
898permit action teams for the purpose of expediting review of
899permit applications and local comprehensive plan amendments
900submitted by:
901     1.  Businesses creating at least 50 jobs or a commercial or
902industrial development project that will be occupied by
903businesses that would individually or collectively create at
904least 50 jobs; or
905     2.  Businesses creating at least 25 jobs if the project is
906located in an enterprise zone, or in a county having a
907population of fewer than 75,000 or in a county having a
908population of fewer than 125,000 which is contiguous to a county
909having a population of fewer than 75,000, as determined by the
910most recent decennial census, residing in incorporated and
911unincorporated areas of the county.
912     (4)  The regional teams shall be established through the
913execution of a project-specific memoranda of agreement developed
914and executed by the applicant and the secretary, with input
915solicited from the Department of Economic Opportunity and the
916respective heads of the Department of Transportation and its
917district offices, the Department of Agriculture and Consumer
918Services, the Fish and Wildlife Conservation Commission,
919appropriate regional planning councils, appropriate water
920management districts, and voluntarily participating
921municipalities and counties. The memoranda of agreement should
922also accommodate participation in this expedited process by
923other local governments and federal agencies as circumstances
925     (5)  In order to facilitate local government's option to
926participate in this expedited review process, the secretary
927shall, in cooperation with local governments and participating
928state agencies, create a standard form memorandum of agreement.
929The standard form of the memorandum of agreement shall be used
930only if the local government participates in the expedited
931review process. In the absence of local government
932participation, only the project-specific memorandum of agreement
933executed pursuant to subsection (4) applies. A local government
934shall hold a duly noticed public workshop to review and explain
935to the public the expedited permitting process and the terms and
936conditions of the standard form memorandum of agreement.
937     (10)  The memoranda of agreement may provide for the waiver
938or modification of procedural rules prescribing forms, fees,
939procedures, or time limits for the review or processing of
940permit applications under the jurisdiction of those agencies
941that are members of the regional permit action team party to the
942memoranda of agreement. Notwithstanding any other provision of
943law to the contrary, a memorandum of agreement must to the
944extent feasible provide for proceedings and hearings otherwise
945held separately by the parties to the memorandum of agreement to
946be combined into one proceeding or held jointly and at one
947location. Such waivers or modifications are not authorized shall
948not be available for permit applications governed by federally
949delegated or approved permitting programs, the requirements of
950which would prohibit, or be inconsistent with, such a waiver or
952     (11)  The standard form for memoranda of agreement shall
953include guidelines to be used in working with state, regional,
954and local permitting authorities. Guidelines may include, but
955are not limited to, the following:
956     (a)  A central contact point for filing permit applications
957and local comprehensive plan amendments and for obtaining
958information on permit and local comprehensive plan amendment
960     (b)  Identification of the individual or individuals within
961each respective agency who will be responsible for processing
962the expedited permit application or local comprehensive plan
963amendment for that agency.;
964     (c)  A mandatory preapplication review process to reduce
965permitting conflicts by providing guidance to applicants
966regarding the permits needed from each agency and governmental
967entity, site planning and development, site suitability and
968limitations, facility design, and steps the applicant can take
969to ensure expeditious permit application and local comprehensive
970plan amendment review. As a part of this process, the first
971interagency meeting to discuss a project shall be held within 14
972days after the secretary's determination that the project is
973eligible for expedited review. Subsequent interagency meetings
974may be scheduled to accommodate the needs of participating local
975governments that are unable to meet public notice requirements
976for executing a memorandum of agreement within this timeframe.
977This accommodation may not exceed 45 days from the secretary's
978determination that the project is eligible for expedited
980     (d)  The preparation of a single coordinated project
981description form and checklist and an agreement by state and
982regional agencies to reduce the burden on an applicant to
983provide duplicate information to multiple agencies.;
984     (e)  Establishment of a process for the adoption and review
985of any comprehensive plan amendment needed by any certified
986project within 90 days after the submission of an application
987for a comprehensive plan amendment. However, the memorandum of
988agreement may not prevent affected persons as defined in s.
989163.3184 from appealing or participating in this expedited plan
990amendment process and any review or appeals of decisions made
991under this paragraph.; and
992     (f)  Additional incentives for an applicant who proposes a
993project that provides a net ecosystem benefit.
994     (14)(a)  Challenges to state agency action in the expedited
995permitting process for projects processed under this section are
996subject to the summary hearing provisions of s. 120.574, except
997that the administrative law judge's decision, as provided in s.
998120.574(2)(f), shall be in the form of a recommended order and
999do not constitute the final action of the state agency. In those
1000proceedings where the action of only one agency of the state
1001other than the Department of Environmental Protection is
1002challenged, the agency of the state shall issue the final order
1003within 45 working days after receipt of the administrative law
1004judge's recommended order, and the recommended order shall
1005inform the parties of their right to file exceptions or
1006responses to the recommended order in accordance with the
1007uniform rules of procedure pursuant to s. 120.54. In those
1008proceedings where the actions of more than one agency of the
1009state are challenged, the Governor shall issue the final order
1010within 45 working days after receipt of the administrative law
1011judge's recommended order, and the recommended order shall
1012inform the parties of their right to file exceptions or
1013responses to the recommended order in accordance with the
1014uniform rules of procedure pursuant to s. 120.54. For This
1015paragraph does not apply to the issuance of department licenses
1016required under any federally delegated or approved permit
1017program. In such instances, the department, and not the
1018Governor, shall enter the final order. The participating
1019agencies of the state may opt at the preliminary hearing
1020conference to allow the administrative law judge's decision to
1021constitute the final agency action.
1022     (b)  Projects identified in paragraph (3)(f) or challenges
1023to state agency action in the expedited permitting process for
1024establishment of a state-of-the-art biomedical research
1025institution and campus in this state by the grantee under s.
1026288.955 are subject to the same requirements as challenges
1027brought under paragraph (a), except that, notwithstanding s.
1028120.574, summary proceedings must be conducted within 30 days
1029after a party files the motion for summary hearing, regardless
1030of whether the parties agree to the summary proceeding.
1031     (15)  The Department of Economic Opportunity, working with
1032the agencies providing cooperative assistance and input
1033regarding the memoranda of agreement, shall review sites
1034proposed for the location of facilities that the Department of
1035Economic Opportunity has certified to be eligible for the
1036Innovation Incentive Program under s. 288.1089. Within 20 days
1037after the request for the review by the Department of Economic
1038Opportunity, the agencies shall provide to the Department of
1039Economic Opportunity a statement as to each site's necessary
1040permits under local, state, and federal law and an
1041identification of significant permitting issues, which if
1042unresolved, may result in the denial of an agency permit or
1043approval or any significant delay caused by the permitting
1045     (18)  The Department of Economic Opportunity, working with
1046the Rural Economic Development Initiative and the agencies
1047participating in the memoranda of agreement, shall provide
1048technical assistance in preparing permit applications and local
1049comprehensive plan amendments for counties having a population
1050of fewer than 75,000 residents, or counties having fewer than
1051125,000 residents which are contiguous to counties having fewer
1052than 75,000 residents. Additional assistance may include, but
1053not be limited to, guidance in land development regulations and
1054permitting processes, working cooperatively with state,
1055regional, and local entities to identify areas within these
1056counties which may be suitable or adaptable for preclearance
1057review of specified types of land uses and other activities
1058requiring permits.
1059     Section 24.  Subsection (5) is added to section 526.203,
1060Florida Statutes, to read:
1061     526.203  Renewable fuel standard.-
1062     (5)  SALE OF UNBLENDED FUELS.-This section does not
1063prohibit the sale of unblended fuels for the uses exempted under
1064subsection (3).
1065     Section 25.  The installation of fuel tank upgrades to
1066secondary containment systems shall be completed by the
1067deadlines specified in rule 62-761.510, Florida Administrative
1068Code, Table UST. However, notwithstanding any agreements to the
1069contrary, any fuel service station that changed ownership
1070interest through a bona fide sale of the property between
1071January 1, 2009, and December 31, 2009, is not required to
1072complete the upgrades described in rule 62-761.510, Florida
1073Administrative Code, Table UST, until December 31, 2013.
1074     Section 26.  This act shall take effect July 1, 2012.

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