HB 503

1	A bill to be entitled
2	An act relating to environmental regulation; amending
3	s. 125.022, F.S.; prohibiting a county from requiring
4	an applicant to obtain a permit or approval from any
5	state or federal agency as a condition of processing a
6	development permit under certain conditions;
7	authorizing a county to attach certain disclaimers to
8	the issuance of a development permit; creating s.
9	161.032, F.S.; requiring that the Department of
10	Environmental Protection review an application for
11	certain permits under the Beach and Shore Preservation
12	Act and request additional information within a
13	specified time; requiring that the department proceed
14	to process the application if the applicant believes
15	that a request for additional information is not
16	authorized by law or rule; extending the period for an
17	applicant to timely submit additional information,
18	notwithstanding certain provisions of the
19	Administrative Procedure Act; authorizing the
20	department to issue such permits in advance of the
21	issuance of certain authorizations as provided for in
22	the Endangered Species Act under certain conditions;
23	amending s. 161.041, F.S.; prohibiting the department
24	from requiring certain sediment quality specifications
25	or turbidity standards as a permit condition;
26	providing legislative intent with respect to
27	permitting for beach renourishment projects; directing
28	the department to amend specified rules relating to
29	permitting for such projects; amending s. 163.3180,
30	F.S.; providing an exemption to the level-of-service
31	standards adopted under the Strategic Intermodal
32	System for certain inland multimodal facilities;
33	specifying project criteria; amending s. 166.033,
34	F.S.; prohibiting a municipality from requiring an
35	applicant to obtain a permit or approval from any
36	state or federal agency as a condition of processing a
37	development permit under certain conditions;
38	authorizing a municipality to attach certain
39	disclaimers to the issuance of a development permit;
40	amending s. 218.075, F.S.; providing for the reduction
41	or waiver of permit processing fees relating to
42	projects that serve a public purpose for certain
43	entities created by special act, local ordinance, or
44	interlocal agreement; amending s. 258.397, F.S.;
45	providing an exemption from a showing of extreme
46	hardship relating to the sale, transfer, or lease of
47	sovereignty submerged lands in the Biscayne Bay
48	Aquatic Preserve for certain municipal applicants;
49	providing for additional dredging and filling
50	activities in the preserve; amending s. 373.026, F.S.;
51	requiring the department to expand its use of
52	Internet-based self-certification services for
53	exemptions and permits issued by the department and
54	water management districts; amending s. 373.4141,
55	F.S.; reducing the time within which a permit must be
56	approved, denied, or subject to notice of proposed
57	agency action; prohibiting a state agency or an agency
58	of the state from requiring additional permits or
59	approval from a local, state, or federal agency
60	without explicit authority; amending s. 373.4144,
61	F.S.; providing legislative intent with respect to the
62	coordination of regulatory duties among specified
63	state and federal agencies; encouraging expanded use
64	of the state programmatic general permit or regional
65	general permits; providing for a voluntary state
66	programmatic general permit for certain dredge and
67	fill activities; amending s. 373.441, F.S.; requiring
68	that certain counties or municipalities apply by a
69	specified date to the department or water management
70	district for authority to require certain permits;
71	providing that following such delegation, the
72	department or district may not regulate activities
73	that are subject to the delegation; clarifying the
74	authority of local governments to adopt pollution
75	control programs under certain conditions; providing
76	applicability with respect to solid mineral mining;
77	amending s. 376.3071, F.S.; exempting program
78	deductibles, copayments, and certain assessment report
79	requirements from expenditures under the low-scored
80	site initiative; amending s. 376.30715, F.S.;
81	providing that the transfer of a contaminated site
82	from an owner to a child of the owner or corporate
83	entity does not disqualify the site from the innocent
84	victim petroleum storage system restoration financial
85	assistance program; authorizing certain applicants to
86	reapply for financial assistance; amending s.
87	380.0657, F.S.; authorizing expedited permitting for
88	certain inland multimodal facilities that individually
89	or collectively will create a minimum number of jobs;
90	amending s. 381.0065, F.S.; limiting applicability of
91	the onsite sewage treatment and disposal system
92	evaluation and assessment program; amending s.
93	403.061, F.S.; requiring the department to establish
94	reasonable zones of mixing for discharges into
95	specified waters; providing that exceedance of certain
96	groundwater standards does not create liability for
97	site cleanup; providing that exceedance of soil
98	cleanup target levels is not a basis for enforcement
99	or cleanup; amending s. 403.087, F.S.; revising
100	conditions under which the department is authorized to
101	revoke permits for sources of air and water pollution;
102	amending s. 403.1838, F.S.; revising the definition of
103	the term "financially disadvantaged small community"
104	for the purposes of the Small Community Sewer
105	Construction Assistance Act; amending s. 403.7045,
106	F.S.; providing conditions under which sludge from an
107	industrial waste treatment works is not solid waste;
108	amending s. 403.707, F.S.; exempting the disposal of
109	solid waste monitored by certain groundwater
110	monitoring plans from specific authorization;
111	extending the duration of all permits issued to solid
112	waste management facilities that meet specified
113	criteria; providing an exception; providing for
114	prorated permit fees; providing applicability;
115	amending s. 403.814, F.S.; providing for issuance of
116	general permits for the construction, alteration, and
117	maintenance of certain surface water management
118	systems without the action of the department or a
119	water management district; specifying conditions for
120	the general permits; amending s. 403.853, F.S.;
121	providing for the department, or a local county health
122	department designated by the department, to perform
123	sanitary surveys for certain transient noncommunity
124	water systems; amending s. 403.973, F.S.; authorizing
125	expedited permitting for certain commercial or
126	industrial development projects that individually or
127	collectively will create a minimum number of jobs;
128	providing for a project-specific memorandum of
129	agreement to apply to a project subject to expedited
130	permitting; clarifying the authority of the department
131	to enter final orders for the issuance of certain
132	licenses; revising criteria for the review of certain
133	sites; amending s. 526.203, F.S.; authorizing the sale
134	of unblended fuels for certain uses; revising the
135	deadline for completion of the installation of fuel
136	tank upgrades to secondary containment systems for
137	specified properties; providing an effective date.
138
139	Be It Enacted by the Legislature of the State of Florida:
140
141	Section 1.  Section 125.022, Florida Statutes, is amended
142	to read:
143	125.022  Development permits.-When a county denies an
144	application for a development permit, the county shall give
145	written notice to the applicant. The notice must include a
146	citation to the applicable portions of an ordinance, rule,
147	statute, or other legal authority for the denial of the permit.
148	As used in this section, the term "development permit" has the
149	same meaning as in s. 163.3164. A county may not require as a
150	condition of processing a development permit that an applicant
151	obtain a permit or approval from any state or federal agency
152	unless the agency has issued a notice of intent to deny the
153	federal or state permit before the county action on the local
154	development permit. Issuance of a development permit by a county
155	does not in any way create any rights on the part of the
156	applicant to obtain a permit from a state or federal agency and
157	does not create any liability on the part of the county for
158	issuance of the permit if the applicant fails to fulfill its
159	legal obligations to obtain requisite approvals or fulfill the
160	obligations imposed by a state or federal agency. A county may
161	attach such a disclaimer to the issuance of a development
162	permit, and may include a permit condition that all other
163	applicable state or federal permits be obtained before
164	commencement of the development. This section does not prohibit
165	a county from providing information to an applicant regarding
166	what other state or federal permits may apply.
167	Section 2.  Section 161.032, Florida Statutes, is created
168	to read:
169	161.032  Application review; request for additional
170	information.-
171	(1)  Within 30 days after receipt of an application for a
172	permit under this part, the department shall review the
173	application and shall request submission of any additional
174	information the department is permitted by law to require. If
175	the applicant believes that a request for additional information
176	is not authorized by law or rule, the applicant may request a
177	hearing pursuant to s. 120.57. Within 30 days after receipt of
178	such additional information, the department shall review the
179	additional information and may request only that information
180	needed to clarify the additional information or to answer new
181	questions raised by or directly related to the additional
182	information. If the applicant believes that the request for
183	additional information by the department is not authorized by
184	law or rule, the department, at the applicant's request, shall
185	proceed to process the permit application.
186	(2)  Notwithstanding s. 120.60, an applicant for a permit
187	under this part has 90 days after the date of a timely request
188	for additional information to submit the information. If an
189	applicant requires more than 90 days in order to respond to a
190	request for additional information, the applicant must notify
191	the agency processing the permit application in writing of the
192	circumstances, at which time the application shall be held in
193	active status for no more than one additional period of up to 90
194	days. Additional extensions may be granted for good cause shown
195	by the applicant. A showing that the applicant is making a
196	diligent effort to obtain the requested additional information
197	constitutes good cause. Failure of an applicant to provide the
198	timely requested information by the applicable deadline shall
199	result in denial of the application without prejudice.
200	(3)  Notwithstanding any other provision of law, the
201	department may issue a permit pursuant to this part in advance
202	of the issuance of any incidental take authorization as provided
203	for in the Endangered Species Act and its implementing
204	regulations if the permit and authorization include a condition
205	that authorized activities may not begin until the incidental
206	take authorization is issued.
207	Section 3.  Subsections (5) and (6) are added to section
208	161.041, Florida Statutes, to read:
209	161.041  Permits required.-
210	(5)  The department may not require as a permit condition
211	sediment quality specifications or turbidity standards more
212	stringent than those provided for in this chapter, chapter 373,
213	or the Florida Administrative Code. The department may not issue
214	guidelines that are enforceable as standards without going
215	through the rulemaking process pursuant to chapter 120.
216	(6)  As an incentive for permit applicants, it is the
217	Legislature's intent to simplify the permitting for periodic
218	maintenance of beach renourishment projects previously permitted
219	and restored under the joint coastal permit process pursuant to
220	this section or part IV of chapter 373. The department shall
221	amend chapters 62B-41 and 62B-49 of the Florida Administrative
222	Code to streamline the permitting process, as necessary, for
223	periodic maintenance projects.
224	Section 4.  Subsection (7) is added to section 163.3180,
225	Florida Statutes, to read:
226	163.3180  Concurrency.-
227	(7)  There shall be a limited exemption from the Strategic
228	Intermodal System adopted level-of-service standards for new or
229	redevelopment projects consistent with the local comprehensive
230	plan as inland multimodal facilities receiving or sending cargo
231	for distribution and providing cargo storage, consolidation,
232	repackaging, and transfer of goods, and which may, if developed
233	as proposed, include other intermodal terminals, related
234	transportation facilities, warehousing and distribution
235	facilities, and associated office space, light industrial,
236	manufacturing, and assembly uses. The limited exemption applies
237	if the project meets all of the following criteria:
238	(a)  The project will not cause the adopted level-of-
239	service standards for the Strategic Intermodal System facilities
240	to be exceeded by more than 150 percent within the first 5 years
241	of the project's development.
242	(b)  The project, upon completion, would result in the
243	creation of at least 50 full-time jobs.
244	(c)  The project is compatible with existing and planned
245	adjacent land uses.
246	(d)  The project is consistent with local and regional
247	economic development goals or plans.
248	(e)  The project is proximate to regionally significant
249	road and rail transportation facilities.
250	(f)  The project is proximate to a community having an
251	unemployment rate, as of the date of the development order
252	application, which is 10 percent or more above the statewide
253	reported average.
254	(g)  The local government has a plan, developed in
255	consultation with the Department of Transportation, for
256	mitigating any impacts to the strategic intermodal system.
257	Section 5.  Section 166.033, Florida Statutes, is amended
258	to read:
259	166.033  Development permits.-When a municipality denies an
260	application for a development permit, the municipality shall
261	give written notice to the applicant. The notice must include a
262	citation to the applicable portions of an ordinance, rule,
263	statute, or other legal authority for the denial of the permit.
264	As used in this section, the term "development permit" has the
265	same meaning as in s. 163.3164. A municipality may not require
266	as a condition of processing a development permit that an
267	applicant obtain a permit or approval from any state or federal
268	agency unless the agency has issued a notice of intent to deny
269	the federal or state permit before the municipal action on the
270	local development permit. Issuance of a development permit by a
271	municipality does not in any way create any right on the part of
272	an applicant to obtain a permit from a state or federal agency
273	and does not create any liability on the part of the
274	municipality for issuance of the permit if the applicant fails
275	to fulfill its legal obligations to obtain requisite approvals
276	or fulfill the obligations imposed by a state or federal agency.
277	A municipality may attach such a disclaimer to the issuance of
278	development permits and may include a permit condition that all
279	other applicable state or federal permits be obtained before
280	commencement of the development. This section does not prohibit
281	a municipality from providing information to an applicant
282	regarding what other state or federal permits may apply.
283	Section 6.  Section 218.075, Florida Statutes, is amended
284	to read:
285	218.075  Reduction or waiver of permit processing fees.-
286	Notwithstanding any other provision of law, the Department of
287	Environmental Protection and the water management districts
288	shall reduce or waive permit processing fees for counties with a
289	population of 50,000 or less on April 1, 1994, until such
290	counties exceed a population of 75,000 and municipalities with a
291	population of 25,000 or less, or for an entity created by
292	special act, local ordinance, or interlocal agreement of such
293	counties or municipalities, or for any county or municipality
294	not included within a metropolitan statistical area. Fee
295	reductions or waivers shall be approved on the basis of fiscal
296	hardship or environmental need for a particular project or
297	activity. The governing body must certify that the cost of the
298	permit processing fee is a fiscal hardship due to one of the
299	following factors:
300	(1)  Per capita taxable value is less than the statewide
301	average for the current fiscal year;
302	(2)  Percentage of assessed property value that is exempt
303	from ad valorem taxation is higher than the statewide average
304	for the current fiscal year;
305	(3)  Any condition specified in s. 218.503(1) which results
306	in the county or municipality being in a state of financial
307	emergency;
308	(4)  Ad valorem operating millage rate for the current
309	fiscal year is greater than 8 mills; or
310	(5)  A financial condition that is documented in annual
311	financial statements at the end of the current fiscal year and
312	indicates an inability to pay the permit processing fee during
313	that fiscal year.
314
315	The permit applicant must be the governing body of a county or
316	municipality or a third party under contract with a county or
317	municipality or an entity created by special act, local
318	ordinance, or interlocal agreement and the project for which the
319	fee reduction or waiver is sought must serve a public purpose.
320	If a permit processing fee is reduced, the total fee shall not
321	exceed $100.
322	Section 7.  Paragraphs (a) and (b) of subsection (3) of
323	section 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
326	Internal Improvement Trust Fund is authorized and directed to
327	maintain the aquatic preserve hereby created pursuant and
328	subject to the following provisions:
329	(a)  No further Sale, transfer, or lease of sovereignty
330	submerged lands in the preserve may not shall be approved or
331	consummated by the board of trustees, except upon a showing of
332	extreme hardship on the part of the applicant and a
333	determination by the board of trustees that such sale, transfer,
334	or lease is in the public interest. A municipal applicant
335	proposing a project under paragraph (b) is exempt from showing
336	extreme hardship.
337	(b)  No further Dredging or filling of submerged lands of
338	the preserve may not shall be approved or tolerated by the board
339	of trustees except:
340	1.  Such minimum dredging and spoiling as may be authorized
341	for public navigation projects or for such minimum dredging and
342	spoiling as may be constituted as a public necessity or for
343	preservation of the bay according to the expressed intent of
344	this section.
345	2.  Such other alteration of physical conditions, including
346	the placement of riprap, as may be necessary to enhance the
347	quality and utility of the preserve.
348	3.  Such minimum dredging and filling as may be authorized
349	for the creation and maintenance of marinas, piers, and docks
350	and their attendant navigation channels and access roads. Such
351	projects may only be authorized only upon a specific finding by
352	the board of trustees that there is assurance that the project
353	will be constructed and operated in a manner that will not
354	adversely affect the water quality and utility of the preserve.
355	This subparagraph does shall not authorize the connection of
356	upland canals to the waters of the preserve.
357	4.  Such dredging as is necessary for the purpose of
358	eliminating conditions hazardous to the public health or for the
359	purpose of eliminating stagnant waters, islands, and spoil
360	banks, the dredging of which would enhance the aesthetic and
361	environmental quality and utility of the preserve and be clearly
362	in the public interest as determined by the board of trustees.
363	5.  Such dredging and filling as is necessary for the
364	creation of public waterfront promenades.
365
366	Any dredging or filling under this subsection or improvements
367	under subsection (5) may shall be approved only after public
368	notice as provided by s. 253.115.
369	Section 8.  Subsection (10) is added to section 373.026,
370	Florida Statutes, to read:
371	373.026  General powers and duties of the department.-The
372	department, or its successor agency, shall be responsible for
373	the administration of this chapter at the state level. However,
374	it is the policy of the state that, to the greatest extent
375	possible, the department may enter into interagency or
376	interlocal agreements with any other state agency, any water
377	management district, or any local government conducting programs
378	related to or materially affecting the water resources of the
379	state. All such agreements shall be subject to the provisions of
380	s. 373.046. In addition to its other powers and duties, the
381	department shall, to the greatest extent possible:
382	(10)  Expand the use of Internet-based self-certification
383	services for appropriate exemptions and general permits issued
384	by the department and the water management districts, if such
385	expansion is economically feasible. In addition to expanding the
386	use of Internet-based self-certification services for
387	appropriate exemptions and general permits, the department and
388	water management districts shall identify and develop general
389	permits for appropriate activities currently requiring
390	individual review which could be expedited through the use of
391	applicable professional certification.
392	Section 9.  Subsection (2) of section 373.4141, Florida
393	Statutes, is amended, and subsection (4) is added to that
394	section, to read:
395	373.4141  Permits; processing.-
396	(2)  A permit shall be approved, or denied, or subject to a
397	notice of proposed agency action within 60 90 days after receipt
398	of the original application, the last item of timely requested
399	additional material, or the applicant's written request to begin
400	processing the permit application.
401	(4)  A state agency or an agency of the state may not
402	require as a condition of approval for a permit or as an item to
403	complete a pending permit application that an applicant obtain a
404	permit or approval from any other local, state, or federal
405	agency without explicit statutory authority to require such
406	permit or approval.
407	Section 10.  Section 373.4144, Florida Statutes, is amended
408	to 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
412	of implementing regulatory duties and functions between the
413	Department of Environmental Protection, the water management
414	districts, the United States Army Corps of Engineers, the United
415	States Fish and Wildlife Service, the National Marine Fisheries
416	Service, the United States Environmental Protection Agency, the
417	Fish and Wildlife Conservation Commission, and other relevant
418	federal and state agencies.
419	(b)  Authorize the Department of Environmental Protection
420	to obtain issuance by the United States Army Corps of Engineers,
421	pursuant to state and federal law and as set forth in this
422	section, of an expanded state programmatic general permit, or a
423	series of regional general permits, for categories of activities
424	in waters of the United States governed by the Clean Water Act
425	and in navigable waters under the Rivers and Harbors Act of 1899
426	which are similar in nature, which will cause only minimal
427	adverse environmental effects when performed separately, and
428	which will have only minimal cumulative adverse effects on the
429	environment.
430	(c)  Use the mechanism of such a state general permit or
431	such regional general permits to eliminate overlapping federal
432	regulations and state rules that seek to protect the same
433	resource and to avoid duplication of permitting between the
434	United States Army Corps of Engineers and the department for
435	minor work located in waters of the United States, including
436	navigable waters, thus eliminating, in appropriate cases, the
437	need for a separate individual approval from the United States
438	Army Corps of Engineers while ensuring the most stringent
439	protection of wetland resources.
440	(d)  Direct the department not to seek issuance of or take
441	any action pursuant to any such permit or permits unless such
442	conditions are at least as protective of the environment and
443	natural resources as existing state law under this part and
444	federal law under the Clean Water Act and the Rivers and Harbors
445	Act of 1899. The department is directed to develop, on or before
446	October 1, 2005, a mechanism or plan to consolidate, to the
447	maximum extent practicable, the federal and state wetland
448	permitting programs. It is the intent of the Legislature that
449	all dredge and fill activities impacting 10 acres or less of
450	wetlands or waters, including navigable waters, be processed by
451	the state as part of the environmental resource permitting
452	program implemented by the department and the water management
453	districts. The resulting mechanism or plan shall analyze and
454	propose the development of an expanded state programmatic
455	general permit program in conjunction with the United States
456	Army Corps of Engineers pursuant to s. 404 of the Clean Water
457	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
458	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
459	or in combination with an expanded state programmatic general
460	permit, the mechanism or plan may propose the creation of a
461	series of regional general permits issued by the United States
462	Army Corps of Engineers pursuant to the referenced statutes. All
463	of the regional general permits must be administered by the
464	department or the water management districts or their designees.
465	(2)  In order to effectuate efficient wetland permitting
466	and avoid duplication, the department and water management
467	districts are authorized to implement a voluntary state
468	programmatic general permit for all dredge and fill activities
469	impacting 3 acres or less of wetlands or other surface waters,
470	including navigable waters, subject to agreement with the United
471	States Army Corps of Engineers, if the general permit is at
472	least as protective of the environment and natural resources as
473	existing state law under this part and federal law under the
474	Clean Water Act and the Rivers and Harbors Act of 1899. The
475	department is directed to file with the Speaker of the House of
476	Representatives and the President of the Senate a report
477	proposing any required federal and state statutory changes that
478	would be necessary to accomplish the directives listed in this
479	section and to coordinate with the Florida Congressional
480	Delegation on any necessary changes to federal law to implement
481	the directives.
482	(3)  Nothing in This section may not shall be construed to
483	preclude the department from pursuing a series of regional
484	general permits for construction activities in wetlands or
485	surface waters or complete assumption of federal permitting
486	programs regulating the discharge of dredged or fill material
487	pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
488	as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
489	and Harbors Act of 1899, so long as the assumption encompasses
490	all dredge and fill activities in, on, or over jurisdictional
491	wetlands or waters, including navigable waters, within the
492	state.
493	Section 11.  Present subsections (3), (4), and (5) of
494	section 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
498	pollution control programs in permit processing; delegation.-
499	(3)  A county or municipality having a population of
500	400,000 or more that implements a local pollution control
501	program regulating all or a portion of the wetlands or surface
502	waters throughout its geographic boundary must apply for
503	delegation of state environmental resource permitting authority
504	on or before January 1, 2014. If such a county or municipality
505	fails to receive delegation of all or a portion of state
506	environmental resource permitting authority within 2 years after
507	submitting its application for delegation or by January 1, 2016,
508	at the latest, it may not require permits that in part or in
509	full are substantially similar to the requirements needed to
510	obtain an environmental resource permit. A county or
511	municipality that has received delegation before January 1,
512	2014, does not need to reapply.
513	(4)  The department is responsible for all delegations of
514	state environmental resource permitting authority to local
515	governments. The department must grant or deny an application
516	for delegation submitted by a county or municipality that meets
517	the criteria in subsection (3) within 2 years after the receipt
518	of the application. If an application for delegation is denied,
519	any available legal challenge to such denial shall toll the
520	preemption deadline until resolution of the legal challenge.
521	Upon delegation to a qualified local government, the department
522	and water management district may not regulate the activities
523	subject to the delegation within that jurisdiction.
524	(5)  This section does not prohibit or limit a local
525	government that meets the criteria in subsection (3) from
526	regulating wetlands or surface waters after January 1, 2014, if
527	the local government receives delegation of all or a portion of
528	state environmental resource permitting authority within 2 years
529	after submitting its application for delegation.
530	(6)  Notwithstanding subsections (3), (4), and (5), this
531	section does not apply to environmental resource permitting or
532	reclamation applications for solid mineral mining and does not
533	prohibit the application of local government regulations to any
534	new solid mineral mine or any proposed addition to, change to,
535	or expansion of an existing solid mineral mine.
536	Section 12.  Paragraph (b) of subsection (11) of section
537	376.3071, Florida Statutes, is amended to read:
538	376.3071  Inland Protection Trust Fund; creation; purposes;
539	funding.-
540	(11)
541	(b)  Low-scored site initiative.-Notwithstanding s.
542	376.30711, any site with a priority ranking score of 10 points
543	or less may voluntarily participate in the low-scored site
544	initiative, whether or not the site is eligible for state
545	restoration funding.
546	1.  To participate in the low-scored site initiative, the
547	responsible party or property owner must affirmatively
548	demonstrate that the following conditions are met:
549	a.  Upon reassessment pursuant to department rule, the site
550	retains a priority ranking score of 10 points or less.
551	b.  No excessively contaminated soil, as defined by
552	department rule, exists onsite as a result of a release of
553	petroleum products.
554	c.  A minimum of 6 months of groundwater monitoring
555	indicates that the plume is shrinking or stable.
556	d.  The release of petroleum products at the site does not
557	adversely affect adjacent surface waters, including their
558	effects on human health and the environment.
559	e.  The area of groundwater containing the petroleum
560	products' chemicals of concern is less than one-quarter acre and
561	is confined to the source property boundaries of the real
562	property on which the discharge originated.
563	f.  Soils onsite that are subject to human exposure found
564	between land surface and 2 feet below land surface meet the soil
565	cleanup target levels established by department rule or human
566	exposure is limited by appropriate institutional or engineering
567	controls.
568	2.  Upon affirmative demonstration of the conditions under
569	subparagraph 1., the department shall issue a determination of
570	"No Further Action." Such determination acknowledges that
571	minimal contamination exists onsite and that such contamination
572	is not a threat to human health or the environment. If no
573	contamination is detected, the department may issue a site
574	rehabilitation completion order.
575	3.  Sites that are eligible for state restoration funding
576	may receive payment of preapproved costs for the low-scored site
577	initiative as follows:
578	a.  A responsible party or property owner may submit an
579	assessment plan designed to affirmatively demonstrate that the
580	site meets the conditions under subparagraph 1. Notwithstanding
581	the priority ranking score of the site, the department may
582	preapprove the cost of the assessment pursuant to s. 376.30711,
583	including 6 months of groundwater monitoring, not to exceed
584	$30,000 for each site. The department may not pay the costs
585	associated with the establishment of institutional or
586	engineering controls.
587	b.  The assessment work shall be completed no later than 6
588	months after the department issues its approval.
589	c.  No more than $10 million for the low-scored site
590	initiative may shall be encumbered from the Inland Protection
591	Trust Fund in any fiscal year. Funds shall be made available on
592	a first-come, first-served basis and shall be limited to 10
593	sites in each fiscal year for each responsible party or property
594	owner.
595	d.  Program deductibles, copayments, and the limited
596	contamination 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
599	amended to read:
600	376.30715  Innocent victim petroleum storage system
601	restoration.-A contaminated site acquired by the current owner
602	prior to July 1, 1990, which has ceased operating as a petroleum
603	storage or retail business prior to January 1, 1985, is eligible
604	for financial assistance pursuant to s. 376.305(6),
605	notwithstanding s. 376.305(6)(a). For purposes of this section,
606	the term "acquired" means the acquisition of title to the
607	property; however, a subsequent transfer of the property to a
608	spouse or child of the owner, a surviving spouse or child of the
609	owner in trust or free of trust, or a revocable trust created
610	for the benefit of the settlor, or a corporate entity created by
611	the owner to hold title to the site does not disqualify the site
612	from financial assistance pursuant to s. 376.305(6) and
613	applicants previously denied coverage may reapply. Eligible
614	sites shall be ranked in accordance with s. 376.3071(5).
615	Section 14.  Subsection (1) of section 380.0657, Florida
616	Statutes, is amended to read:
617	380.0657  Expedited permitting process for economic
618	development projects.-
619	(1)  The Department of Environmental Protection and, as
620	appropriate, the water management districts created under
621	chapter 373 shall adopt programs to expedite the processing of
622	wetland resource and environmental resource permits for economic
623	development projects that have been identified by a municipality
624	or county as meeting the definition of target industry
625	businesses under s. 288.106, or any inland multimodal facility
626	receiving or sending cargo to or from Florida ports, with the
627	exception of those projects requiring approval by the Board of
628	Trustees of the Internal Improvement Trust Fund.
629	Section 15.  Paragraph (j) is added to subsection (5) of
630	section 381.0065, Florida Statutes, to read:
631	381.0065  Onsite sewage treatment and disposal systems;
632	regulation.-
633	(5)  EVALUATION AND ASSESSMENT.-
634	(j)  This subsection only applies to owners of onsite
635	sewage treatment and disposal systems in a county in which the
636	board of county commissioners has adopted a resolution
637	subjecting owners to the requirements of the program and
638	submitted a copy of the resolution to the department.
639	Section 16.  Subsection (11) of section 403.061, Florida
640	Statutes, is amended to read:
641	403.061  Department; powers and duties.-The department
642	shall have the power and the duty to control and prohibit
643	pollution of air and water in accordance with the law and rules
644	adopted and promulgated by it and, for this purpose, to:
645	(11)  Establish ambient air quality and water quality
646	standards for the state as a whole or for any part thereof, and
647	also standards for the abatement of excessive and unnecessary
648	noise. The department is authorized to establish reasonable
649	zones of mixing for discharges into waters. For existing
650	installations as defined by rule 62-520.200(10), Florida
651	Administrative Code, effective July 12, 2009, zones of discharge
652	to groundwater are authorized to a facility's or owner's
653	property boundary and extending to the base of a specifically
654	designated aquifer or aquifers. Exceedance of primary and
655	secondary groundwater standards that occur within a zone of
656	discharge does not create liability pursuant to this chapter or
657	chapter 376 for site cleanup, and the exceedance of soil cleanup
658	target levels is not a basis for enforcement or site cleanup.
659	(a)  When a receiving body of water fails to meet a water
660	quality standard for pollutants set forth in department rules, a
661	steam electric generating plant discharge of pollutants that is
662	existing or licensed under this chapter on July 1, 1984, may
663	nevertheless be granted a mixing zone, provided that:
664	1.  The standard would not be met in the water body in the
665	absence of the discharge;
666	2.  The discharge is in compliance with all applicable
667	technology-based effluent limitations;
668	3.  The discharge does not cause a measurable increase in
669	the degree of noncompliance with the standard at the boundary of
670	the mixing zone; and
671	4.  The discharge otherwise complies with the mixing zone
672	provisions specified in department rules.
673	(b)  No Mixing zones zone for point source discharges are
674	not shall be permitted in Outstanding Florida Waters except for:
675	1.  Sources that have received permits from the department
676	prior to April 1, 1982, or the date of designation, whichever is
677	later;
678	2.  Blowdown from new power plants certified pursuant to
679	the Florida Electrical Power Plant Siting Act;
680	3.  Discharges of water necessary for water management
681	purposes which have been approved by the governing board of a
682	water management district and, if required by law, by the
683	secretary; and
684	4.  The discharge of demineralization concentrate which has
685	been determined permittable under s. 403.0882 and which meets
686	the specific provisions of s. 403.0882(4)(a) and (b), if the
687	proposed discharge is clearly in the public interest.
688	(c)  The department, by rule, shall establish water quality
689	criteria for wetlands which criteria give appropriate
690	recognition to the water quality of such wetlands in their
691	natural state.
692
693	Nothing in This act may not be shall be construed to invalidate
694	any existing department rule relating to mixing zones. The
695	department shall cooperate with the Department of Highway Safety
696	and Motor Vehicles in the development of regulations required by
697	s. 316.272(1).
698
699	The department shall implement such programs in conjunction with
700	its other powers and duties and shall place special emphasis on
701	reducing and eliminating contamination that presents a threat to
702	humans, animals or plants, or to the environment.
703	Section 17.  Subsection (7) of section 403.087, Florida
704	Statutes, is amended to read:
705	403.087  Permits; general issuance; denial; revocation;
706	prohibition; penalty.-
707	(7)  A permit issued pursuant to this section does shall
708	not become a vested right in the permittee. The department may
709	revoke any permit issued by it if it finds that the permitholder
710	has:
711	(a)  Has Submitted false or inaccurate information in the
712	his or her application for the permit;
713	(b)  Has Violated law, department orders, rules, or
714	regulations, or permit conditions;
715	(c)  Has Failed to submit operational reports or other
716	information required by department rule which directly relate to
717	the permit and has refused to correct or cure such violations
718	when requested to do so or regulation; or
719	(d)  Has Refused lawful inspection under s. 403.091 at the
720	facility authorized by the permit.
721	Section 18.  Subsection (2) of section 403.1838, Florida
722	Statutes, is amended to read:
723	403.1838  Small Community Sewer Construction Assistance
724	Act.-
725	(2)  The department shall use funds specifically
726	appropriated to award grants under this section to assist
727	financially disadvantaged small communities with their needs for
728	adequate sewer facilities. For purposes of this section, the
729	term "financially disadvantaged small community" means a
730	municipality that has with a population of 10,000 7,500 or fewer
731	less, according to the latest decennial census and a per capita
732	annual income less than the state per capita annual income as
733	determined by the United States Department of Commerce.
734	Section 19.  Paragraph (f) of subsection (1) of section
735	403.7045, Florida Statutes, is amended to read:
736	403.7045  Application of act and integration with other
737	acts.-
738	(1)  The following wastes or activities shall not be
739	regulated pursuant to this act:
740	(f)  Industrial byproducts, if:
741	1.  A majority of the industrial byproducts are
742	demonstrated to be sold, used, or reused within 1 year.
743	2.  The industrial byproducts are not discharged,
744	deposited, injected, dumped, spilled, leaked, or placed upon any
745	land or water so that such industrial byproducts, or any
746	constituent thereof, may enter other lands or be emitted into
747	the air or discharged into any waters, including groundwaters,
748	or otherwise enter the environment such that a threat of
749	contamination in excess of applicable department standards and
750	criteria or a significant threat to public health is caused.
751	3.  The industrial byproducts are not hazardous wastes as
752	defined under s. 403.703 and rules adopted under this section.
753
754	Sludge from an industrial waste treatment works that meets the
755	exemption requirements of this paragraph is not solid waste as
756	defined in s. 403.703(32).
757	Section 20.  Subsections (2) and (3) of section 403.707,
758	Florida Statutes, are amended to read:
759	403.707  Permits.-
760	(2)  Except as provided in s. 403.722(6), a permit under
761	this section is not required for the following, if the activity
762	does not create a public nuisance or any condition adversely
763	affecting the environment or public health and does not violate
764	other state or local laws, ordinances, rules, regulations, or
765	orders:
766	(a)  Disposal by persons of solid waste resulting from
767	their own activities on their own property, if such waste is
768	ordinary household waste from their residential property or is
769	rocks, soils, trees, tree remains, and other vegetative matter
770	that normally result from land development operations. Disposal
771	of materials that could create a public nuisance or adversely
772	affect the environment or public health, such as white goods;
773	automotive materials, such as batteries and tires; petroleum
774	products; pesticides; solvents; or hazardous substances, is not
775	covered under this exemption.
776	(b)  Storage in containers by persons of solid waste
777	resulting from their own activities on their property, leased or
778	rented property, or property subject to a homeowners' homeowners
779	or maintenance association for which the person contributes
780	association assessments, if the solid waste in such containers
781	is collected at least once a week.
782	(c)  Disposal by persons of solid waste resulting from
783	their own activities on their property, if the environmental
784	effects of such disposal on groundwater and surface waters are:
785	1.  Addressed or authorized by a site certification order
786	issued under part II or a permit issued by the department under
787	this chapter or rules adopted pursuant to this chapter; or
788	2.  Addressed or authorized by, or exempted from the
789	requirement to obtain, a groundwater monitoring plan approved by
790	the department. If a facility has a permit authorizing disposal
791	activity, new areas where solid waste is being disposed of which
792	are monitored by an existing or modified groundwater monitoring
793	plan are not required to be specifically authorized in a permit
794	or other certification.
795	(d)  Disposal by persons of solid waste resulting from
796	their own activities on their own property, if such disposal
797	occurred prior to October 1, 1988.
798	(e)  Disposal of solid waste resulting from normal farming
799	operations as defined by department rule. Polyethylene
800	agricultural plastic, damaged, nonsalvageable, untreated wood
801	pallets, and packing material that cannot be feasibly recycled,
802	which are used in connection with agricultural operations
803	related to the growing, harvesting, or maintenance of crops, may
804	be disposed of by open burning if a public nuisance or any
805	condition adversely affecting the environment or the public
806	health is not created by the open burning and state or federal
807	ambient air quality standards are not violated.
808	(f)  The use of clean debris as fill material in any area.
809	However, this paragraph does not exempt any person from
810	obtaining any other required permits, and does not affect a
811	person's responsibility to dispose of clean debris appropriately
812	if it is not to be used as fill material.
813	(g)  Compost operations that produce less than 50 cubic
814	yards of compost per year when the compost produced is used on
815	the property where the compost operation is located.
816	(3)(a)  All applicable provisions of ss. 403.087 and
817	403.088, relating to permits, apply to the control of solid
818	waste management facilities.
819	(b)  Any permit issued to a solid waste management facility
820	that is designed with a leachate control system that meets
821	department requirements shall be issued for a term of 20 years
822	unless the applicant requests a lesser permit term. Existing
823	permit fees for qualifying solid waste management facilities
824	shall be prorated to the permit term authorized by this section.
825	This paragraph applies to all qualifying solid waste management
826	facilities that apply for an operating or construction permit or
827	renew an existing operating or construction permit on or after
828	July 1, 2012.
829	Section 21.  Subsection (12) is added to section 403.814,
830	Florida Statutes, to read:
831	403.814  General permits; delegation.-
832	(12)  A general permit shall be granted for the
833	construction, alteration, and maintenance of a surface water
834	management system serving a total project area of up to 10
835	acres. The construction of such a system may proceed without any
836	agency 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
839	impervious surface;
840	(c)  No activities will impact wetlands or other surface
841	waters;
842	(d)  No activities are conducted in, on, or over wetlands
843	or other surface waters;
844	(e)  Drainage facilities will not include pipes having
845	diameters greater than 24 inches, or the hydraulic equivalent,
846	and will not use pumps in any manner;
847	(f)  The project is not part of a larger common plan,
848	development, or sale;
849	(g)  The project does not:
850	1.  Cause adverse water quantity or flooding impacts to
851	receiving water and adjacent lands;
852	2.  Cause adverse impacts to existing surface water storage
853	and conveyance capabilities;
854	3.  Cause a violation of state water quality standards; or
855	4.  Cause an adverse impact to the maintenance of surface
856	or ground water levels or surface water flows established
857	pursuant to s. 373.042 or a work of the district established
858	pursuant to s. 373.086; and
859	(h)  The surface water management system design plans are
860	signed and sealed by a Florida registered professional who
861	attests that the system will perform and function as proposed
862	and has been designed in accordance with appropriate, generally
863	accepted performance standards and scientific principles.
864	Section 22.  Subsection (6) of section 403.853, Florida
865	Statutes, is amended to read:
866	403.853  Drinking water standards.-
867	(6)  Upon the request of the owner or operator of a
868	transient noncommunity water system using groundwater as a
869	source of supply and serving religious institutions or
870	businesses, other than restaurants or other public food service
871	establishments or religious institutions with school or day care
872	services, and using groundwater as a source of supply, the
873	department, or a local county health department designated by
874	the department, shall perform a sanitary survey of the facility.
875	Upon receipt of satisfactory survey results according to
876	department criteria, the department shall reduce the
877	requirements of such owner or operator from monitoring and
878	reporting on a quarterly basis to performing these functions on
879	an annual basis. Any revised monitoring and reporting schedule
880	approved by the department under this subsection shall apply
881	until such time as a violation of applicable state or federal
882	primary drinking water standards is determined by the system
883	owner or operator, by the department, or by an agency designated
884	by the department, after a random or routine sanitary survey.
885	Certified operators are not required for transient noncommunity
886	water systems of the type and size covered by this subsection.
887	Any reports required of such system shall be limited to the
888	minimum as required by federal law. When not contrary to the
889	provisions of federal law, the department may, upon request and
890	by rule, waive additional provisions of state drinking water
891	regulations for such systems.
892	Section 23.  Paragraph (a) of subsection (3) and
893	subsections (4), (5), (10), (11), (14), (15), and (18) of
894	section 403.973, Florida Statutes, are amended to read:
895	403.973  Expedited permitting; amendments to comprehensive
896	plans.-
897	(3)(a)  The secretary shall direct the creation of regional
898	permit action teams for the purpose of expediting review of
899	permit applications and local comprehensive plan amendments
900	submitted by:
901	1.  Businesses creating at least 50 jobs or a commercial or
902	industrial development project that will be occupied by
903	businesses that would individually or collectively create at
904	least 50 jobs; or
905	2.  Businesses creating at least 25 jobs if the project is
906	located in an enterprise zone, or in a county having a
907	population of fewer than 75,000 or in a county having a
908	population of fewer than 125,000 which is contiguous to a county
909	having a population of fewer than 75,000, as determined by the
910	most recent decennial census, residing in incorporated and
911	unincorporated areas of the county.
912	(4)  The regional teams shall be established through the
913	execution of a project-specific memoranda of agreement developed
914	and executed by the applicant and the secretary, with input
915	solicited from the Department of Economic Opportunity and the
916	respective heads of the Department of Transportation and its
917	district offices, the Department of Agriculture and Consumer
918	Services, the Fish and Wildlife Conservation Commission,
919	appropriate regional planning councils, appropriate water
920	management districts, and voluntarily participating
921	municipalities and counties. The memoranda of agreement should
922	also accommodate participation in this expedited process by
923	other local governments and federal agencies as circumstances
924	warrant.
925	(5)  In order to facilitate local government's option to
926	participate in this expedited review process, the secretary
927	shall, in cooperation with local governments and participating
928	state agencies, create a standard form memorandum of agreement.
929	The standard form of the memorandum of agreement shall be used
930	only if the local government participates in the expedited
931	review process. In the absence of local government
932	participation, only the project-specific memorandum of agreement
933	executed pursuant to subsection (4) applies. A local government
934	shall hold a duly noticed public workshop to review and explain
935	to the public the expedited permitting process and the terms and
936	conditions of the standard form memorandum of agreement.
937	(10)  The memoranda of agreement may provide for the waiver
938	or modification of procedural rules prescribing forms, fees,
939	procedures, or time limits for the review or processing of
940	permit applications under the jurisdiction of those agencies
941	that are members of the regional permit action team party to the
942	memoranda of agreement. Notwithstanding any other provision of
943	law to the contrary, a memorandum of agreement must to the
944	extent feasible provide for proceedings and hearings otherwise
945	held separately by the parties to the memorandum of agreement to
946	be combined into one proceeding or held jointly and at one
947	location. Such waivers or modifications are not authorized shall
948	not be available for permit applications governed by federally
949	delegated or approved permitting programs, the requirements of
950	which would prohibit, or be inconsistent with, such a waiver or
951	modification.
952	(11)  The standard form for memoranda of agreement shall
953	include guidelines to be used in working with state, regional,
954	and local permitting authorities. Guidelines may include, but
955	are not limited to, the following:
956	(a)  A central contact point for filing permit applications
957	and local comprehensive plan amendments and for obtaining
958	information on permit and local comprehensive plan amendment
959	requirements.;
960	(b)  Identification of the individual or individuals within
961	each respective agency who will be responsible for processing
962	the expedited permit application or local comprehensive plan
963	amendment for that agency.;
964	(c)  A mandatory preapplication review process to reduce
965	permitting conflicts by providing guidance to applicants
966	regarding the permits needed from each agency and governmental
967	entity, site planning and development, site suitability and
968	limitations, facility design, and steps the applicant can take
969	to ensure expeditious permit application and local comprehensive
970	plan amendment review. As a part of this process, the first
971	interagency meeting to discuss a project shall be held within 14
972	days after the secretary's determination that the project is
973	eligible for expedited review. Subsequent interagency meetings
974	may be scheduled to accommodate the needs of participating local
975	governments that are unable to meet public notice requirements
976	for executing a memorandum of agreement within this timeframe.
977	This accommodation may not exceed 45 days from the secretary's
978	determination that the project is eligible for expedited
979	review.;
980	(d)  The preparation of a single coordinated project
981	description form and checklist and an agreement by state and
982	regional agencies to reduce the burden on an applicant to
983	provide duplicate information to multiple agencies.;
984	(e)  Establishment of a process for the adoption and review
985	of any comprehensive plan amendment needed by any certified
986	project within 90 days after the submission of an application
987	for a comprehensive plan amendment. However, the memorandum of
988	agreement may not prevent affected persons as defined in s.
989	163.3184 from appealing or participating in this expedited plan
990	amendment process and any review or appeals of decisions made
991	under this paragraph.; and
992	(f)  Additional incentives for an applicant who proposes a
993	project that provides a net ecosystem benefit.
994	(14)(a)  Challenges to state agency action in the expedited
995	permitting process for projects processed under this section are
996	subject to the summary hearing provisions of s. 120.574, except
997	that the administrative law judge's decision, as provided in s.
998	120.574(2)(f), shall be in the form of a recommended order and
999	do not constitute the final action of the state agency. In those
1000	proceedings where the action of only one agency of the state
1001	other than the Department of Environmental Protection is
1002	challenged, the agency of the state shall issue the final order
1003	within 45 working days after receipt of the administrative law
1004	judge's recommended order, and the recommended order shall
1005	inform the parties of their right to file exceptions or
1006	responses to the recommended order in accordance with the
1007	uniform rules of procedure pursuant to s. 120.54. In those
1008	proceedings where the actions of more than one agency of the
1009	state are challenged, the Governor shall issue the final order
1010	within 45 working days after receipt of the administrative law
1011	judge's recommended order, and the recommended order shall
1012	inform the parties of their right to file exceptions or
1013	responses to the recommended order in accordance with the
1014	uniform rules of procedure pursuant to s. 120.54. For This
1015	paragraph does not apply to the issuance of department licenses
1016	required under any federally delegated or approved permit
1017	program. In such instances, the department, and not the
1018	Governor, shall enter the final order. The participating
1019	agencies of the state may opt at the preliminary hearing
1020	conference to allow the administrative law judge's decision to
1021	constitute the final agency action.
1022	(b)  Projects identified in paragraph (3)(f) or challenges
1023	to state agency action in the expedited permitting process for
1024	establishment of a state-of-the-art biomedical research
1025	institution and campus in this state by the grantee under s.
1026	288.955 are subject to the same requirements as challenges
1027	brought under paragraph (a), except that, notwithstanding s.
1028	120.574, summary proceedings must be conducted within 30 days
1029	after a party files the motion for summary hearing, regardless
1030	of whether the parties agree to the summary proceeding.
1031	(15)  The Department of Economic Opportunity, working with
1032	the agencies providing cooperative assistance and input
1033	regarding the memoranda of agreement, shall review sites
1034	proposed for the location of facilities that the Department of
1035	Economic Opportunity has certified to be eligible for the
1036	Innovation Incentive Program under s. 288.1089. Within 20 days
1037	after the request for the review by the Department of Economic
1038	Opportunity, the agencies shall provide to the Department of
1039	Economic Opportunity a statement as to each site's necessary
1040	permits under local, state, and federal law and an
1041	identification of significant permitting issues, which if
1042	unresolved, may result in the denial of an agency permit or
1043	approval or any significant delay caused by the permitting
1044	process.
1045	(18)  The Department of Economic Opportunity, working with
1046	the Rural Economic Development Initiative and the agencies
1047	participating in the memoranda of agreement, shall provide
1048	technical assistance in preparing permit applications and local
1049	comprehensive plan amendments for counties having a population
1050	of fewer than 75,000 residents, or counties having fewer than
1051	125,000 residents which are contiguous to counties having fewer
1052	than 75,000 residents. Additional assistance may include, but
1053	not be limited to, guidance in land development regulations and
1054	permitting processes, working cooperatively with state,
1055	regional, and local entities to identify areas within these
1056	counties which may be suitable or adaptable for preclearance
1057	review of specified types of land uses and other activities
1058	requiring permits.
1059	Section 24.  Subsection (5) is added to section 526.203,
1060	Florida Statutes, to read:
1061	526.203  Renewable fuel standard.-
1062	(5)  SALE OF UNBLENDED FUELS.-This section does not
1063	prohibit the sale of unblended fuels for the uses exempted under
1064	subsection (3).
1065	Section 25.  The installation of fuel tank upgrades to
1066	secondary containment systems shall be completed by the
1067	deadlines specified in rule 62-761.510, Florida Administrative
1068	Code, Table UST. However, notwithstanding any agreements to the
1069	contrary, any fuel service station that changed ownership
1070	interest through a bona fide sale of the property between
1071	January 1, 2009, and December 31, 2009, is not required to
1072	complete the upgrades described in rule 62-761.510, Florida
1073	Administrative 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.