Florida Senate - 2012                                     SB 716
       By Senator Bennett
       21-00696-12                                            2012716__
    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. 403.061, F.S.; requiring the department to
   91         establish reasonable zones of mixing for discharges
   92         into specified waters; providing that exceedance of
   93         certain groundwater standards does not create
   94         liability for site cleanup; providing that exceedance
   95         of soil cleanup target levels is not a basis for
   96         enforcement or cleanup; amending s. 403.087, F.S.;
   97         revising conditions under which the department is
   98         authorized to revoke permits for sources of air and
   99         water pollution; amending s. 403.1838, F.S.; revising
  100         the definition of the term “financially disadvantaged
  101         small community” for the purposes of the Small
  102         Community Sewer Construction Assistance Act; amending
  103         s. 403.7045, F.S.; providing conditions under which
  104         sludge from an industrial waste treatment works is not
  105         solid waste; amending s. 403.707, F.S.; exempting the
  106         disposal of solid waste monitored by certain
  107         groundwater monitoring plans from specific
  108         authorization; extending the duration of all permits
  109         issued to solid waste management facilities that meet
  110         specified criteria; providing an exception; providing
  111         for prorated permit fees; providing applicability;
  112         amending s. 403.814, F.S.; providing for issuance of
  113         general permits for the construction, alteration, and
  114         maintenance of certain surface water management
  115         systems without the action of the department or a
  116         water management district; specifying conditions for
  117         the general permits; amending s. 403.853, F.S.;
  118         providing for the department, or a local county health
  119         department designated by the department, to perform
  120         sanitary surveys for certain transient noncommunity
  121         water systems; amending s. 403.973, F.S.; authorizing
  122         expedited permitting for certain commercial or
  123         industrial development projects that individually or
  124         collectively will create a minimum number of jobs;
  125         providing for a project-specific memorandum of
  126         agreement to apply to a project subject to expedited
  127         permitting; clarifying the authority of the department
  128         to enter final orders for the issuance of certain
  129         licenses; revising criteria for the review of certain
  130         sites; amending s. 526.203, F.S.; authorizing the sale
  131         of unblended fuels for certain uses; revising the
  132         deadline for completion of the installation of fuel
  133         tank upgrades to secondary containment systems for
  134         specified properties; providing an effective date.
  136  Be It Enacted by the Legislature of the State of Florida:
  138         Section 1. Section 125.022, Florida Statutes, is amended to
  139  read:
  140         125.022 Development permits.—When a county denies an
  141  application for a development permit, the county shall give
  142  written notice to the applicant. The notice must include a
  143  citation to the applicable portions of an ordinance, rule,
  144  statute, or other legal authority for the denial of the permit.
  145  As used in this section, the term “development permit” has the
  146  same meaning as in s. 163.3164. A county may not require as a
  147  condition of processing a development permit that an applicant
  148  obtain a permit or approval from any state or federal agency
  149  unless the agency has issued a notice of intent to deny the
  150  federal or state permit before the county action on the local
  151  development permit. Issuance of a development permit by a county
  152  does not in any way create any rights on the part of the
  153  applicant to obtain a permit from a state or federal agency and
  154  does not create any liability on the part of the county for
  155  issuance of the permit if the applicant fails to fulfill its
  156  legal obligations to obtain requisite approvals or fulfill the
  157  obligations imposed by a state or federal agency. A county may
  158  attach such a disclaimer to the issuance of a development
  159  permit, and may include a permit condition that all other
  160  applicable state or federal permits be obtained before
  161  commencement of the development. This section does not prohibit
  162  a county from providing information to an applicant regarding
  163  what other state or federal permits may apply.
  164         Section 2. Section 161.032, Florida Statutes, is created to
  165  read:
  166         161.032 Application review; request for additional
  167  information.—
  168         (1) Within 30 days after receipt of an application for a
  169  permit under this part, the department shall review the
  170  application and shall request submission of any additional
  171  information the department is permitted by law to require. If
  172  the applicant believes that a request for additional information
  173  is not authorized by law or rule, the applicant may request a
  174  hearing pursuant to s. 120.57. Within 30 days after receipt of
  175  such additional information, the department shall review the
  176  additional information and may request only that information
  177  needed to clarify the additional information or to answer new
  178  questions raised by or directly related to the additional
  179  information. If the applicant believes that the request for
  180  additional information by the department is not authorized by
  181  law or rule, the department, at the applicant’s request, shall
  182  proceed to process the permit application.
  183         (2) Notwithstanding s. 120.60, an applicant for a permit
  184  under this part has 90 days after the date of a timely request
  185  for additional information to submit the information. If an
  186  applicant requires more than 90 days in order to respond to a
  187  request for additional information, the applicant must notify
  188  the agency processing the permit application in writing of the
  189  circumstances, at which time the application shall be held in
  190  active status for no more than one additional period of up to 90
  191  days. Additional extensions may be granted for good cause shown
  192  by the applicant. A showing that the applicant is making a
  193  diligent effort to obtain the requested additional information
  194  constitutes good cause. Failure of an applicant to provide the
  195  timely requested information by the applicable deadline shall
  196  result in denial of the application without prejudice.
  197         (3) Notwithstanding any other provision of law, the
  198  department may issue a permit pursuant to this part in advance
  199  of the issuance of any incidental take authorization as provided
  200  for in the Endangered Species Act and its implementing
  201  regulations if the permit and authorization include a condition
  202  that authorized activities may not begin until the incidental
  203  take authorization is issued.
  204         Section 3. Subsections (5) and (6) are added to section
  205  161.041, Florida Statutes, to read:
  206         161.041 Permits required.—
  207         (5) The department may not require as a permit condition
  208  sediment quality specifications or turbidity standards more
  209  stringent than those provided for in this chapter, chapter 373,
  210  or the Florida Administrative Code. The department may not issue
  211  guidelines that are enforceable as standards without going
  212  through the rulemaking process pursuant to chapter 120.
  213         (6) As an incentive for permit applicants, it is the
  214  Legislature’s intent to simplify the permitting for periodic
  215  maintenance of beach renourishment projects previously permitted
  216  and restored under the joint coastal permit process pursuant to
  217  this section or part IV of chapter 373. The department shall
  218  amend chapters 62B-41 and 62B-49 of the Florida Administrative
  219  Code to streamline the permitting process, as necessary, for
  220  periodic maintenance projects.
  221         Section 4. Subsection (7) is added to section 163.3180,
  222  Florida Statutes, to read:
  223         163.3180 Concurrency.—
  224         (7) There shall be a limited exemption from the Strategic
  225  Intermodal System adopted level-of-service standards for new or
  226  redevelopment projects consistent with the local comprehensive
  227  plan as inland multimodal facilities receiving or sending cargo
  228  for distribution and providing cargo storage, consolidation,
  229  repackaging, and transfer of goods, and which may, if developed
  230  as proposed, include other intermodal terminals, related
  231  transportation facilities, warehousing and distribution
  232  facilities, and associated office space, light industrial,
  233  manufacturing, and assembly uses. The limited exemption applies
  234  if the project meets all of the following criteria:
  235         (a) The project will not cause the adopted level-of-service
  236  standards for the Strategic Intermodal System facilities to be
  237  exceeded by more than 150 percent within the first 5 years of
  238  the project’s development.
  239         (b) The project, upon completion, would result in the
  240  creation of at least 50 full-time jobs.
  241         (c) The project is compatible with existing and planned
  242  adjacent land uses.
  243         (d) The project is consistent with local and regional
  244  economic development goals or plans.
  245         (e) The project is proximate to regionally significant road
  246  and rail transportation facilities.
  247         (f) The project is proximate to a community having an
  248  unemployment rate, as of the date of the development order
  249  application, which is 10 percent or more above the statewide
  250  reported average.
  251         (g) The local government has a plan, developed in
  252  consultation with the Department of Transportation, for
  253  mitigating any impacts to the strategic intermodal system.
  254         Section 5. Section 166.033, Florida Statutes, is amended to
  255  read:
  256         166.033 Development permits.—When a municipality denies an
  257  application for a development permit, the municipality shall
  258  give written notice to the applicant. The notice must include a
  259  citation to the applicable portions of an ordinance, rule,
  260  statute, or other legal authority for the denial of the permit.
  261  As used in this section, the term “development permit” has the
  262  same meaning as in s. 163.3164. A municipality may not require
  263  as a condition of processing a development permit that an
  264  applicant obtain a permit or approval from any state or federal
  265  agency unless the agency has issued a notice of intent to deny
  266  the federal or state permit before the municipal action on the
  267  local development permit. Issuance of a development permit by a
  268  municipality does not in any way create any right on the part of
  269  an applicant to obtain a permit from a state or federal agency
  270  and does not create any liability on the part of the
  271  municipality for issuance of the permit if the applicant fails
  272  to fulfill its legal obligations to obtain requisite approvals
  273  or fulfill the obligations imposed by a state or federal agency.
  274  A municipality may attach such a disclaimer to the issuance of
  275  development permits and may include a permit condition that all
  276  other applicable state or federal permits be obtained before
  277  commencement of the development. This section does not prohibit
  278  a municipality from providing information to an applicant
  279  regarding what other state or federal permits may apply.
  280         Section 6. Section 218.075, Florida Statutes, is amended to
  281  read:
  282         218.075 Reduction or waiver of permit processing fees.
  283  Notwithstanding any other provision of law, the Department of
  284  Environmental Protection and the water management districts
  285  shall reduce or waive permit processing fees for counties with a
  286  population of 50,000 or less on April 1, 1994, until such
  287  counties exceed a population of 75,000 and municipalities with a
  288  population of 25,000 or less, or for an entity created by
  289  special act, local ordinance, or interlocal agreement of such
  290  counties or municipalities, or for any county or municipality
  291  not included within a metropolitan statistical area. Fee
  292  reductions or waivers shall be approved on the basis of fiscal
  293  hardship or environmental need for a particular project or
  294  activity. The governing body must certify that the cost of the
  295  permit processing fee is a fiscal hardship due to one of the
  296  following factors:
  297         (1) Per capita taxable value is less than the statewide
  298  average for the current fiscal year;
  299         (2) Percentage of assessed property value that is exempt
  300  from ad valorem taxation is higher than the statewide average
  301  for the current fiscal year;
  302         (3) Any condition specified in s. 218.503(1) which results
  303  in the county or municipality being in a state of financial
  304  emergency;
  305         (4) Ad valorem operating millage rate for the current
  306  fiscal year is greater than 8 mills; or
  307         (5) A financial condition that is documented in annual
  308  financial statements at the end of the current fiscal year and
  309  indicates an inability to pay the permit processing fee during
  310  that fiscal year.
  312  The permit applicant must be the governing body of a county or
  313  municipality or a third party under contract with a county or
  314  municipality or an entity created by special act, local
  315  ordinance, or interlocal agreement and the project for which the
  316  fee reduction or waiver is sought must serve a public purpose.
  317  If a permit processing fee is reduced, the total fee shall not
  318  exceed $100.
  319         Section 7. Paragraphs (a) and (b) of subsection (3) of
  320  section 258.397, Florida Statutes, are amended to read:
  321         258.397 Biscayne Bay Aquatic Preserve.—
  322         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  323  Internal Improvement Trust Fund is authorized and directed to
  324  maintain the aquatic preserve hereby created pursuant and
  325  subject to the following provisions:
  326         (a) No further Sale, transfer, or lease of sovereignty
  327  submerged lands in the preserve may not shall be approved or
  328  consummated by the board of trustees, except upon a showing of
  329  extreme hardship on the part of the applicant and a
  330  determination by the board of trustees that such sale, transfer,
  331  or lease is in the public interest. A municipal applicant
  332  proposing a project under paragraph (b) is exempt from showing
  333  extreme hardship.
  334         (b) No further Dredging or filling of submerged lands of
  335  the preserve may not shall be approved or tolerated by the board
  336  of trustees except:
  337         1. Such minimum dredging and spoiling as may be authorized
  338  for public navigation projects or for such minimum dredging and
  339  spoiling as may be constituted as a public necessity or for
  340  preservation of the bay according to the expressed intent of
  341  this section.
  342         2. Such other alteration of physical conditions, including
  343  the placement of riprap, as may be necessary to enhance the
  344  quality and utility of the preserve.
  345         3. Such minimum dredging and filling as may be authorized
  346  for the creation and maintenance of marinas, piers, and docks
  347  and their attendant navigation channels and access roads. Such
  348  projects may only be authorized only upon a specific finding by
  349  the board of trustees that there is assurance that the project
  350  will be constructed and operated in a manner that will not
  351  adversely affect the water quality and utility of the preserve.
  352  This subparagraph does shall not authorize the connection of
  353  upland canals to the waters of the preserve.
  354         4. Such dredging as is necessary for the purpose of
  355  eliminating conditions hazardous to the public health or for the
  356  purpose of eliminating stagnant waters, islands, and spoil
  357  banks, the dredging of which would enhance the aesthetic and
  358  environmental quality and utility of the preserve and be clearly
  359  in the public interest as determined by the board of trustees.
  360         5. Such dredging and filling as is necessary for the
  361  creation of public waterfront promenades.
  363  Any dredging or filling under this subsection or improvements
  364  under subsection (5) may shall be approved only after public
  365  notice as provided by s. 253.115.
  366         Section 8. Subsection (10) is added to section 373.026,
  367  Florida Statutes, to read:
  368         373.026 General powers and duties of the department.—The
  369  department, or its successor agency, shall be responsible for
  370  the administration of this chapter at the state level. However,
  371  it is the policy of the state that, to the greatest extent
  372  possible, the department may enter into interagency or
  373  interlocal agreements with any other state agency, any water
  374  management district, or any local government conducting programs
  375  related to or materially affecting the water resources of the
  376  state. All such agreements shall be subject to the provisions of
  377  s. 373.046. In addition to its other powers and duties, the
  378  department shall, to the greatest extent possible:
  379         (10) Expand the use of Internet-based self-certification
  380  services for appropriate exemptions and general permits issued
  381  by the department and the water management districts, if such
  382  expansion is economically feasible. In addition to expanding the
  383  use of Internet-based self-certification services for
  384  appropriate exemptions and general permits, the department and
  385  water management districts shall identify and develop general
  386  permits for appropriate activities currently requiring
  387  individual review which could be expedited through the use of
  388  applicable professional certification.
  389         Section 9. Subsection (2) of section 373.4141, Florida
  390  Statutes, is amended, and subsection (4) is added to that
  391  section, to read:
  392         373.4141 Permits; processing.—
  393         (2) A permit shall be approved, or denied, or subject to a
  394  notice of proposed agency action within 60 90 days after receipt
  395  of the original application, the last item of timely requested
  396  additional material, or the applicant’s written request to begin
  397  processing the permit application.
  398         (4) A state agency or an agency of the state may not
  399  require as a condition of approval for a permit or as an item to
  400  complete a pending permit application that an applicant obtain a
  401  permit or approval from any other local, state, or federal
  402  agency without explicit statutory authority to require such
  403  permit or approval.
  404         Section 10. Section 373.4144, Florida Statutes, is amended
  405  to read:
  406         373.4144 Federal environmental permitting.—
  407         (1) It is the intent of the Legislature to:
  408         (a) Facilitate coordination and a more efficient process of
  409  implementing regulatory duties and functions between the
  410  Department of Environmental Protection, the water management
  411  districts, the United States Army Corps of Engineers, the United
  412  States Fish and Wildlife Service, the National Marine Fisheries
  413  Service, the United States Environmental Protection Agency, the
  414  Fish and Wildlife Conservation Commission, and other relevant
  415  federal and state agencies.
  416         (b) Authorize the Department of Environmental Protection to
  417  obtain issuance by the United States Army Corps of Engineers,
  418  pursuant to state and federal law and as set forth in this
  419  section, of an expanded state programmatic general permit, or a
  420  series of regional general permits, for categories of activities
  421  in waters of the United States governed by the Clean Water Act
  422  and in navigable waters under the Rivers and Harbors Act of 1899
  423  which are similar in nature, which will cause only minimal
  424  adverse environmental effects when performed separately, and
  425  which will have only minimal cumulative adverse effects on the
  426  environment.
  427         (c) Use the mechanism of such a state general permit or
  428  such regional general permits to eliminate overlapping federal
  429  regulations and state rules that seek to protect the same
  430  resource and to avoid duplication of permitting between the
  431  United States Army Corps of Engineers and the department for
  432  minor work located in waters of the United States, including
  433  navigable waters, thus eliminating, in appropriate cases, the
  434  need for a separate individual approval from the United States
  435  Army Corps of Engineers while ensuring the most stringent
  436  protection of wetland resources.
  437         (d) Direct the department not to seek issuance of or take
  438  any action pursuant to any such permit or permits unless such
  439  conditions are at least as protective of the environment and
  440  natural resources as existing state law under this part and
  441  federal law under the Clean Water Act and the Rivers and Harbors
  442  Act of 1899. The department is directed to develop, on or before
  443  October 1, 2005, a mechanism or plan to consolidate, to the
  444  maximum extent practicable, the federal and state wetland
  445  permitting programs. It is the intent of the Legislature that
  446  all dredge and fill activities impacting 10 acres or less of
  447  wetlands or waters, including navigable waters, be processed by
  448  the state as part of the environmental resource permitting
  449  program implemented by the department and the water management
  450  districts. The resulting mechanism or plan shall analyze and
  451  propose the development of an expanded state programmatic
  452  general permit program in conjunction with the United States
  453  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  454  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
  455  and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
  456  or in combination with an expanded state programmatic general
  457  permit, the mechanism or plan may propose the creation of a
  458  series of regional general permits issued by the United States
  459  Army Corps of Engineers pursuant to the referenced statutes. All
  460  of the regional general permits must be administered by the
  461  department or the water management districts or their designees.
  462         (2) In order to effectuate efficient wetland permitting and
  463  avoid duplication, the department and water management districts
  464  are authorized to implement a voluntary state programmatic
  465  general permit for all dredge and fill activities impacting 3
  466  acres or less of wetlands or other surface waters, including
  467  navigable waters, subject to agreement with the United States
  468  Army Corps of Engineers, if the general permit is at least as
  469  protective of the environment and natural resources as existing
  470  state law under this part and federal law under the Clean Water
  471  Act and the Rivers and Harbors Act of 1899. The department is
  472  directed to file with the Speaker of the House of
  473  Representatives and the President of the Senate a report
  474  proposing any required federal and state statutory changes that
  475  would be necessary to accomplish the directives listed in this
  476  section and to coordinate with the Florida Congressional
  477  Delegation on any necessary changes to federal law to implement
  478  the directives.
  479         (3) Nothing in This section may not shall be construed to
  480  preclude the department from pursuing a series of regional
  481  general permits for construction activities in wetlands or
  482  surface waters or complete assumption of federal permitting
  483  programs regulating the discharge of dredged or fill material
  484  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
  485  as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
  486  and Harbors Act of 1899, so long as the assumption encompasses
  487  all dredge and fill activities in, on, or over jurisdictional
  488  wetlands or waters, including navigable waters, within the
  489  state.
  490         Section 11. Present subsections (3), (4), and (5) of
  491  section 373.441, Florida Statutes, are renumbered as subsections
  492  (7), (8), and (9), respectively, and new subsections (3), (4),
  493  (5), and (6) are added to that section to read:
  494         373.441 Role of counties, municipalities, and local
  495  pollution control programs in permit processing; delegation.—
  496         (3) A county or municipality having a population of 400,000
  497  or more that implements a local pollution control program
  498  regulating all or a portion of the wetlands or surface waters
  499  throughout its geographic boundary must apply for delegation of
  500  state environmental resource permitting authority on or before
  501  January 1, 2014. If such a county or municipality fails to
  502  receive delegation of all or a portion of state environmental
  503  resource permitting authority within 2 years after submitting
  504  its application for delegation or by January 1, 2016, at the
  505  latest, it may not require permits that in part or in full are
  506  substantially similar to the requirements needed to obtain an
  507  environmental resource permit. A county or municipality that has
  508  received delegation before January 1, 2014, does not need to
  509  reapply.
  510         (4) The department is responsible for all delegations of
  511  state environmental resource permitting authority to local
  512  governments. The department must grant or deny an application
  513  for delegation submitted by a county or municipality that meets
  514  the criteria in subsection (3) within 2 years after the receipt
  515  of the application. If an application for delegation is denied,
  516  any available legal challenge to such denial shall toll the
  517  preemption deadline until resolution of the legal challenge.
  518  Upon delegation to a qualified local government, the department
  519  and water management district may not regulate the activities
  520  subject to the delegation within that jurisdiction.
  521         (5) This section does not prohibit or limit a local
  522  government that meets the criteria in subsection (3) from
  523  regulating wetlands or surface waters after January 1, 2014, if
  524  the local government receives delegation of all or a portion of
  525  state environmental resource permitting authority within 2 years
  526  after submitting its application for delegation.
  527         (6) Notwithstanding subsections (3), (4), and (5), this
  528  section does not apply to environmental resource permitting or
  529  reclamation applications for solid mineral mining and does not
  530  prohibit the application of local government regulations to any
  531  new solid mineral mine or any proposed addition to, change to,
  532  or expansion of an existing solid mineral mine.
  533         Section 12. Paragraph (b) of subsection (11) of section
  534  376.3071, Florida Statutes, is amended to read:
  535         376.3071 Inland Protection Trust Fund; creation; purposes;
  536  funding.—
  537         (11)
  538         (b) Low-scored site initiative.—Notwithstanding s.
  539  376.30711, any site with a priority ranking score of 10 points
  540  or less may voluntarily participate in the low-scored site
  541  initiative, whether or not the site is eligible for state
  542  restoration funding.
  543         1. To participate in the low-scored site initiative, the
  544  responsible party or property owner must affirmatively
  545  demonstrate that the following conditions are met:
  546         a. Upon reassessment pursuant to department rule, the site
  547  retains a priority ranking score of 10 points or less.
  548         b. No excessively contaminated soil, as defined by
  549  department rule, exists onsite as a result of a release of
  550  petroleum products.
  551         c. A minimum of 6 months of groundwater monitoring
  552  indicates that the plume is shrinking or stable.
  553         d. The release of petroleum products at the site does not
  554  adversely affect adjacent surface waters, including their
  555  effects on human health and the environment.
  556         e. The area of groundwater containing the petroleum
  557  products’ chemicals of concern is less than one-quarter acre and
  558  is confined to the source property boundaries of the real
  559  property on which the discharge originated.
  560         f. Soils onsite that are subject to human exposure found
  561  between land surface and 2 feet below land surface meet the soil
  562  cleanup target levels established by department rule or human
  563  exposure is limited by appropriate institutional or engineering
  564  controls.
  565         2. Upon affirmative demonstration of the conditions under
  566  subparagraph 1., the department shall issue a determination of
  567  “No Further Action.” Such determination acknowledges that
  568  minimal contamination exists onsite and that such contamination
  569  is not a threat to human health or the environment. If no
  570  contamination is detected, the department may issue a site
  571  rehabilitation completion order.
  572         3. Sites that are eligible for state restoration funding
  573  may receive payment of preapproved costs for the low-scored site
  574  initiative as follows:
  575         a. A responsible party or property owner may submit an
  576  assessment plan designed to affirmatively demonstrate that the
  577  site meets the conditions under subparagraph 1. Notwithstanding
  578  the priority ranking score of the site, the department may
  579  preapprove the cost of the assessment pursuant to s. 376.30711,
  580  including 6 months of groundwater monitoring, not to exceed
  581  $30,000 for each site. The department may not pay the costs
  582  associated with the establishment of institutional or
  583  engineering controls.
  584         b. The assessment work shall be completed no later than 6
  585  months after the department issues its approval.
  586         c. No more than $10 million for the low-scored site
  587  initiative may shall be encumbered from the Inland Protection
  588  Trust Fund in any fiscal year. Funds shall be made available on
  589  a first-come, first-served basis and shall be limited to 10
  590  sites in each fiscal year for each responsible party or property
  591  owner.
  592         d. Program deductibles, copayments, and the limited
  593  contamination assessment report requirements under paragraph
  594  (13)(c) do not apply to expenditures under this paragraph.
  595         Section 13. Section 376.30715, Florida Statutes, is amended
  596  to read:
  597         376.30715 Innocent victim petroleum storage system
  598  restoration.—A contaminated site acquired by the current owner
  599  prior to July 1, 1990, which has ceased operating as a petroleum
  600  storage or retail business prior to January 1, 1985, is eligible
  601  for financial assistance pursuant to s. 376.305(6),
  602  notwithstanding s. 376.305(6)(a). For purposes of this section,
  603  the term “acquired” means the acquisition of title to the
  604  property; however, a subsequent transfer of the property to a
  605  spouse or child of the owner, a surviving spouse or child of the
  606  owner in trust or free of trust, or a revocable trust created
  607  for the benefit of the settlor, or a corporate entity created by
  608  the owner to hold title to the site does not disqualify the site
  609  from financial assistance pursuant to s. 376.305(6) and
  610  applicants previously denied coverage may reapply. Eligible
  611  sites shall be ranked in accordance with s. 376.3071(5).
  612         Section 14. Subsection (1) of section 380.0657, Florida
  613  Statutes, is amended to read:
  614         380.0657 Expedited permitting process for economic
  615  development projects.—
  616         (1) The Department of Environmental Protection and, as
  617  appropriate, the water management districts created under
  618  chapter 373 shall adopt programs to expedite the processing of
  619  wetland resource and environmental resource permits for economic
  620  development projects that have been identified by a municipality
  621  or county as meeting the definition of target industry
  622  businesses under s. 288.106, or any inland multimodal facility
  623  receiving or sending cargo to or from Florida ports, with the
  624  exception of those projects requiring approval by the Board of
  625  Trustees of the Internal Improvement Trust Fund.
  626         Section 15. Subsection (11) of section 403.061, Florida
  627  Statutes, is amended to read:
  628         403.061 Department; powers and duties.—The department shall
  629  have the power and the duty to control and prohibit pollution of
  630  air and water in accordance with the law and rules adopted and
  631  promulgated by it and, for this purpose, to:
  632         (11) Establish ambient air quality and water quality
  633  standards for the state as a whole or for any part thereof, and
  634  also standards for the abatement of excessive and unnecessary
  635  noise. The department is authorized to establish reasonable
  636  zones of mixing for discharges into waters. For existing
  637  installations as defined by rule 62-520.200(10), Florida
  638  Administrative Code, effective July 12, 2009, zones of discharge
  639  to groundwater are authorized to a facility’s or owner’s
  640  property boundary and extending to the base of a specifically
  641  designated aquifer or aquifers. Exceedance of primary and
  642  secondary groundwater standards that occur within a zone of
  643  discharge does not create liability pursuant to this chapter or
  644  chapter 376 for site cleanup, and the exceedance of soil cleanup
  645  target levels is not a basis for enforcement or site cleanup.
  646         (a) When a receiving body of water fails to meet a water
  647  quality standard for pollutants set forth in department rules, a
  648  steam electric generating plant discharge of pollutants that is
  649  existing or licensed under this chapter on July 1, 1984, may
  650  nevertheless be granted a mixing zone, provided that:
  651         1. The standard would not be met in the water body in the
  652  absence of the discharge;
  653         2. The discharge is in compliance with all applicable
  654  technology-based effluent limitations;
  655         3. The discharge does not cause a measurable increase in
  656  the degree of noncompliance with the standard at the boundary of
  657  the mixing zone; and
  658         4. The discharge otherwise complies with the mixing zone
  659  provisions specified in department rules.
  660         (b) No Mixing zones zone for point source discharges are
  661  not shall be permitted in Outstanding Florida Waters except for:
  662         1. Sources that have received permits from the department
  663  prior to April 1, 1982, or the date of designation, whichever is
  664  later;
  665         2. Blowdown from new power plants certified pursuant to the
  666  Florida Electrical Power Plant Siting Act;
  667         3. Discharges of water necessary for water management
  668  purposes which have been approved by the governing board of a
  669  water management district and, if required by law, by the
  670  secretary; and
  671         4. The discharge of demineralization concentrate which has
  672  been determined permittable under s. 403.0882 and which meets
  673  the specific provisions of s. 403.0882(4)(a) and (b), if the
  674  proposed discharge is clearly in the public interest.
  675         (c) The department, by rule, shall establish water quality
  676  criteria for wetlands which criteria give appropriate
  677  recognition to the water quality of such wetlands in their
  678  natural state.
  680  Nothing in This act may not be shall be construed to invalidate
  681  any existing department rule relating to mixing zones. The
  682  department shall cooperate with the Department of Highway Safety
  683  and Motor Vehicles in the development of regulations required by
  684  s. 316.272(1).
  686  The department shall implement such programs in conjunction with
  687  its other powers and duties and shall place special emphasis on
  688  reducing and eliminating contamination that presents a threat to
  689  humans, animals or plants, or to the environment.
  690         Section 16. Subsection (7) of section 403.087, Florida
  691  Statutes, is amended to read:
  692         403.087 Permits; general issuance; denial; revocation;
  693  prohibition; penalty.—
  694         (7) A permit issued pursuant to this section does shall not
  695  become a vested right in the permittee. The department may
  696  revoke any permit issued by it if it finds that the permitholder
  697  has:
  698         (a) Has Submitted false or inaccurate information in the
  699  his or her application for the permit;
  700         (b) Has Violated law, department orders, rules, or
  701  regulations, or permit conditions;
  702         (c) Has Failed to submit operational reports or other
  703  information required by department rule which directly relate to
  704  the permit and has refused to correct or cure such violations
  705  when requested to do so or regulation; or
  706         (d) Has Refused lawful inspection under s. 403.091 at the
  707  facility authorized by the permit.
  708         Section 17. Subsection (2) of section 403.1838, Florida
  709  Statutes, is amended to read:
  710         403.1838 Small Community Sewer Construction Assistance
  711  Act.—
  712         (2) The department shall use funds specifically
  713  appropriated to award grants under this section to assist
  714  financially disadvantaged small communities with their needs for
  715  adequate sewer facilities. For purposes of this section, the
  716  term “financially disadvantaged small community” means a
  717  municipality that has with a population of 10,000 7,500 or fewer
  718  less, according to the latest decennial census and a per capita
  719  annual income less than the state per capita annual income as
  720  determined by the United States Department of Commerce.
  721         Section 18. Paragraph (f) of subsection (1) of section
  722  403.7045, Florida Statutes, is amended to read:
  723         403.7045 Application of act and integration with other
  724  acts.—
  725         (1) The following wastes or activities shall not be
  726  regulated pursuant to this act:
  727         (f) Industrial byproducts, if:
  728         1. A majority of the industrial byproducts are demonstrated
  729  to be sold, used, or reused within 1 year.
  730         2. The industrial byproducts are not discharged, deposited,
  731  injected, dumped, spilled, leaked, or placed upon any land or
  732  water so that such industrial byproducts, or any constituent
  733  thereof, may enter other lands or be emitted into the air or
  734  discharged into any waters, including groundwaters, or otherwise
  735  enter the environment such that a threat of contamination in
  736  excess of applicable department standards and criteria or a
  737  significant threat to public health is caused.
  738         3. The industrial byproducts are not hazardous wastes as
  739  defined under s. 403.703 and rules adopted under this section.
  741  Sludge from an industrial waste treatment works that meets the
  742  exemption requirements of this paragraph is not solid waste as
  743  defined in s. 403.703(32).
  744         Section 19. Subsections (2) and (3) of section 403.707,
  745  Florida Statutes, are amended to read:
  746         403.707 Permits.—
  747         (2) Except as provided in s. 403.722(6), a permit under
  748  this section is not required for the following, if the activity
  749  does not create a public nuisance or any condition adversely
  750  affecting the environment or public health and does not violate
  751  other state or local laws, ordinances, rules, regulations, or
  752  orders:
  753         (a) Disposal by persons of solid waste resulting from their
  754  own activities on their own property, if such waste is ordinary
  755  household waste from their residential property or is rocks,
  756  soils, trees, tree remains, and other vegetative matter that
  757  normally result from land development operations. Disposal of
  758  materials that could create a public nuisance or adversely
  759  affect the environment or public health, such as white goods;
  760  automotive materials, such as batteries and tires; petroleum
  761  products; pesticides; solvents; or hazardous substances, is not
  762  covered under this exemption.
  763         (b) Storage in containers by persons of solid waste
  764  resulting from their own activities on their property, leased or
  765  rented property, or property subject to a homeowners’ homeowners
  766  or maintenance association for which the person contributes
  767  association assessments, if the solid waste in such containers
  768  is collected at least once a week.
  769         (c) Disposal by persons of solid waste resulting from their
  770  own activities on their property, if the environmental effects
  771  of such disposal on groundwater and surface waters are:
  772         1. Addressed or authorized by a site certification order
  773  issued under part II or a permit issued by the department under
  774  this chapter or rules adopted pursuant to this chapter; or
  775         2. Addressed or authorized by, or exempted from the
  776  requirement to obtain, a groundwater monitoring plan approved by
  777  the department. If a facility has a permit authorizing disposal
  778  activity, new areas where solid waste is being disposed of which
  779  are monitored by an existing or modified groundwater monitoring
  780  plan are not required to be specifically authorized in a permit
  781  or other certification.
  782         (d) Disposal by persons of solid waste resulting from their
  783  own activities on their own property, if such disposal occurred
  784  prior to October 1, 1988.
  785         (e) Disposal of solid waste resulting from normal farming
  786  operations as defined by department rule. Polyethylene
  787  agricultural plastic, damaged, nonsalvageable, untreated wood
  788  pallets, and packing material that cannot be feasibly recycled,
  789  which are used in connection with agricultural operations
  790  related to the growing, harvesting, or maintenance of crops, may
  791  be disposed of by open burning if a public nuisance or any
  792  condition adversely affecting the environment or the public
  793  health is not created by the open burning and state or federal
  794  ambient air quality standards are not violated.
  795         (f) The use of clean debris as fill material in any area.
  796  However, this paragraph does not exempt any person from
  797  obtaining any other required permits, and does not affect a
  798  person’s responsibility to dispose of clean debris appropriately
  799  if it is not to be used as fill material.
  800         (g) Compost operations that produce less than 50 cubic
  801  yards of compost per year when the compost produced is used on
  802  the property where the compost operation is located.
  803         (3)(a) All applicable provisions of ss. 403.087 and
  804  403.088, relating to permits, apply to the control of solid
  805  waste management facilities.
  806         (b) Any permit issued to a solid waste management facility
  807  that is designed with a leachate control system that meets
  808  department requirements shall be issued for a term of 20 years
  809  unless the applicant requests a lesser permit term. Existing
  810  permit fees for qualifying solid waste management facilities
  811  shall be prorated to the permit term authorized by this section.
  812  This paragraph applies to all qualifying solid waste management
  813  facilities that apply for an operating or construction permit or
  814  renew an existing operating or construction permit on or after
  815  July 1, 2012.
  816         Section 20. Subsection (12) is added to section 403.814,
  817  Florida Statutes, to read:
  818         403.814 General permits; delegation.—
  819         (12) A general permit shall be granted for the
  820  construction, alteration, and maintenance of a surface water
  821  management system serving a total project area of up to 10
  822  acres. The construction of such a system may proceed without any
  823  agency action by the department or water management district if:
  824         (a) The total project area is less than 10 acres;
  825         (b) The total project area involves less than 2 acres of
  826  impervious surface;
  827         (c) No activities will impact wetlands or other surface
  828  waters;
  829         (d) No activities are conducted in, on, or over wetlands or
  830  other surface waters;
  831         (e) Drainage facilities will not include pipes having
  832  diameters greater than 24 inches, or the hydraulic equivalent,
  833  and will not use pumps in any manner;
  834         (f) The project is not part of a larger common plan,
  835  development, or sale;
  836         (g) The project does not:
  837         1. Cause adverse water quantity or flooding impacts to
  838  receiving water and adjacent lands;
  839         2. Cause adverse impacts to existing surface water storage
  840  and conveyance capabilities;
  841         3. Cause a violation of state water quality standards; or
  842         4. Cause an adverse impact to the maintenance of surface or
  843  ground water levels or surface water flows established pursuant
  844  to s. 373.042 or a work of the district established pursuant to
  845  s. 373.086; and
  846         (h) The surface water management system design plans are
  847  signed and sealed by a Florida registered professional who
  848  attests that the system will perform and function as proposed
  849  and has been designed in accordance with appropriate, generally
  850  accepted performance standards and scientific principles.
  851         Section 21. Subsection (6) of section 403.853, Florida
  852  Statutes, is amended to read:
  853         403.853 Drinking water standards.—
  854         (6) Upon the request of the owner or operator of a
  855  transient noncommunity water system using groundwater as a
  856  source of supply and serving religious institutions or
  857  businesses, other than restaurants or other public food service
  858  establishments or religious institutions with school or day care
  859  services, and using groundwater as a source of supply, the
  860  department, or a local county health department designated by
  861  the department, shall perform a sanitary survey of the facility.
  862  Upon receipt of satisfactory survey results according to
  863  department criteria, the department shall reduce the
  864  requirements of such owner or operator from monitoring and
  865  reporting on a quarterly basis to performing these functions on
  866  an annual basis. Any revised monitoring and reporting schedule
  867  approved by the department under this subsection shall apply
  868  until such time as a violation of applicable state or federal
  869  primary drinking water standards is determined by the system
  870  owner or operator, by the department, or by an agency designated
  871  by the department, after a random or routine sanitary survey.
  872  Certified operators are not required for transient noncommunity
  873  water systems of the type and size covered by this subsection.
  874  Any reports required of such system shall be limited to the
  875  minimum as required by federal law. When not contrary to the
  876  provisions of federal law, the department may, upon request and
  877  by rule, waive additional provisions of state drinking water
  878  regulations for such systems.
  879         Section 22. Paragraph (a) of subsection (3) and subsections
  880  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
  881  Florida Statutes, are amended to read:
  882         403.973 Expedited permitting; amendments to comprehensive
  883  plans.—
  884         (3)(a) The secretary shall direct the creation of regional
  885  permit action teams for the purpose of expediting review of
  886  permit applications and local comprehensive plan amendments
  887  submitted by:
  888         1. Businesses creating at least 50 jobs or a commercial or
  889  industrial development project that will be occupied by
  890  businesses that would individually or collectively create at
  891  least 50 jobs; or
  892         2. Businesses creating at least 25 jobs if the project is
  893  located in an enterprise zone, or in a county having a
  894  population of fewer than 75,000 or in a county having a
  895  population of fewer than 125,000 which is contiguous to a county
  896  having a population of fewer than 75,000, as determined by the
  897  most recent decennial census, residing in incorporated and
  898  unincorporated areas of the county.
  899         (4) The regional teams shall be established through the
  900  execution of a project-specific memoranda of agreement developed
  901  and executed by the applicant and the secretary, with input
  902  solicited from the Department of Economic Opportunity and the
  903  respective heads of the Department of Transportation and its
  904  district offices, the Department of Agriculture and Consumer
  905  Services, the Fish and Wildlife Conservation Commission,
  906  appropriate regional planning councils, appropriate water
  907  management districts, and voluntarily participating
  908  municipalities and counties. The memoranda of agreement should
  909  also accommodate participation in this expedited process by
  910  other local governments and federal agencies as circumstances
  911  warrant.
  912         (5) In order to facilitate local government’s option to
  913  participate in this expedited review process, the secretary
  914  shall, in cooperation with local governments and participating
  915  state agencies, create a standard form memorandum of agreement.
  916  The standard form of the memorandum of agreement shall be used
  917  only if the local government participates in the expedited
  918  review process. In the absence of local government
  919  participation, only the project-specific memorandum of agreement
  920  executed pursuant to subsection (4) applies. A local government
  921  shall hold a duly noticed public workshop to review and explain
  922  to the public the expedited permitting process and the terms and
  923  conditions of the standard form memorandum of agreement.
  924         (10) The memoranda of agreement may provide for the waiver
  925  or modification of procedural rules prescribing forms, fees,
  926  procedures, or time limits for the review or processing of
  927  permit applications under the jurisdiction of those agencies
  928  that are members of the regional permit action team party to the
  929  memoranda of agreement. Notwithstanding any other provision of
  930  law to the contrary, a memorandum of agreement must to the
  931  extent feasible provide for proceedings and hearings otherwise
  932  held separately by the parties to the memorandum of agreement to
  933  be combined into one proceeding or held jointly and at one
  934  location. Such waivers or modifications are not authorized shall
  935  not be available for permit applications governed by federally
  936  delegated or approved permitting programs, the requirements of
  937  which would prohibit, or be inconsistent with, such a waiver or
  938  modification.
  939         (11) The standard form for memoranda of agreement shall
  940  include guidelines to be used in working with state, regional,
  941  and local permitting authorities. Guidelines may include, but
  942  are not limited to, the following:
  943         (a) A central contact point for filing permit applications
  944  and local comprehensive plan amendments and for obtaining
  945  information on permit and local comprehensive plan amendment
  946  requirements.;
  947         (b) Identification of the individual or individuals within
  948  each respective agency who will be responsible for processing
  949  the expedited permit application or local comprehensive plan
  950  amendment for that agency.;
  951         (c) A mandatory preapplication review process to reduce
  952  permitting conflicts by providing guidance to applicants
  953  regarding the permits needed from each agency and governmental
  954  entity, site planning and development, site suitability and
  955  limitations, facility design, and steps the applicant can take
  956  to ensure expeditious permit application and local comprehensive
  957  plan amendment review. As a part of this process, the first
  958  interagency meeting to discuss a project shall be held within 14
  959  days after the secretary’s determination that the project is
  960  eligible for expedited review. Subsequent interagency meetings
  961  may be scheduled to accommodate the needs of participating local
  962  governments that are unable to meet public notice requirements
  963  for executing a memorandum of agreement within this timeframe.
  964  This accommodation may not exceed 45 days from the secretary’s
  965  determination that the project is eligible for expedited
  966  review.;
  967         (d) The preparation of a single coordinated project
  968  description form and checklist and an agreement by state and
  969  regional agencies to reduce the burden on an applicant to
  970  provide duplicate information to multiple agencies.;
  971         (e) Establishment of a process for the adoption and review
  972  of any comprehensive plan amendment needed by any certified
  973  project within 90 days after the submission of an application
  974  for a comprehensive plan amendment. However, the memorandum of
  975  agreement may not prevent affected persons as defined in s.
  976  163.3184 from appealing or participating in this expedited plan
  977  amendment process and any review or appeals of decisions made
  978  under this paragraph.; and
  979         (f) Additional incentives for an applicant who proposes a
  980  project that provides a net ecosystem benefit.
  981         (14)(a) Challenges to state agency action in the expedited
  982  permitting process for projects processed under this section are
  983  subject to the summary hearing provisions of s. 120.574, except
  984  that the administrative law judge’s decision, as provided in s.
  985  120.574(2)(f), shall be in the form of a recommended order and
  986  do not constitute the final action of the state agency. In those
  987  proceedings where the action of only one agency of the state
  988  other than the Department of Environmental Protection is
  989  challenged, the agency of the state shall issue the final order
  990  within 45 working days after receipt of the administrative law
  991  judge’s recommended order, and the recommended order shall
  992  inform the parties of their right to file exceptions or
  993  responses to the recommended order in accordance with the
  994  uniform rules of procedure pursuant to s. 120.54. In those
  995  proceedings where the actions of more than one agency of the
  996  state are challenged, the Governor shall issue the final order
  997  within 45 working days after receipt of the administrative law
  998  judge’s recommended order, and the recommended order shall
  999  inform the parties of their right to file exceptions or
 1000  responses to the recommended order in accordance with the
 1001  uniform rules of procedure pursuant to s. 120.54. For This
 1002  paragraph does not apply to the issuance of department licenses
 1003  required under any federally delegated or approved permit
 1004  program. In such instances, the department, and not the
 1005  Governor, shall enter the final order. The participating
 1006  agencies of the state may opt at the preliminary hearing
 1007  conference to allow the administrative law judge’s decision to
 1008  constitute the final agency action.
 1009         (b) Projects identified in paragraph (3)(f) or challenges
 1010  to state agency action in the expedited permitting process for
 1011  establishment of a state-of-the-art biomedical research
 1012  institution and campus in this state by the grantee under s.
 1013  288.955 are subject to the same requirements as challenges
 1014  brought under paragraph (a), except that, notwithstanding s.
 1015  120.574, summary proceedings must be conducted within 30 days
 1016  after a party files the motion for summary hearing, regardless
 1017  of whether the parties agree to the summary proceeding.
 1018         (15) The Department of Economic Opportunity, working with
 1019  the agencies providing cooperative assistance and input
 1020  regarding the memoranda of agreement, shall review sites
 1021  proposed for the location of facilities that the Department of
 1022  Economic Opportunity has certified to be eligible for the
 1023  Innovation Incentive Program under s. 288.1089. Within 20 days
 1024  after the request for the review by the Department of Economic
 1025  Opportunity, the agencies shall provide to the Department of
 1026  Economic Opportunity a statement as to each site’s necessary
 1027  permits under local, state, and federal law and an
 1028  identification of significant permitting issues, which if
 1029  unresolved, may result in the denial of an agency permit or
 1030  approval or any significant delay caused by the permitting
 1031  process.
 1032         (18) The Department of Economic Opportunity, working with
 1033  the Rural Economic Development Initiative and the agencies
 1034  participating in the memoranda of agreement, shall provide
 1035  technical assistance in preparing permit applications and local
 1036  comprehensive plan amendments for counties having a population
 1037  of fewer than 75,000 residents, or counties having fewer than
 1038  125,000 residents which are contiguous to counties having fewer
 1039  than 75,000 residents. Additional assistance may include, but
 1040  not be limited to, guidance in land development regulations and
 1041  permitting processes, working cooperatively with state,
 1042  regional, and local entities to identify areas within these
 1043  counties which may be suitable or adaptable for preclearance
 1044  review of specified types of land uses and other activities
 1045  requiring permits.
 1046         Section 23. Subsection (5) is added to section 526.203,
 1047  Florida Statutes, to read:
 1048         526.203 Renewable fuel standard.—
 1049         (5) SALE OF UNBLENDED FUELS.—This section does not prohibit
 1050  the sale of unblended fuels for the uses exempted under
 1051  subsection (3).
 1052         Section 24. The installation of fuel tank upgrades to
 1053  secondary containment systems shall be completed by the
 1054  deadlines specified in rule 62-761.510, Florida Administrative
 1055  Code, Table UST. However, notwithstanding any agreements to the
 1056  contrary, any fuel service station that changed ownership
 1057  interest through a bona fide sale of the property between
 1058  January 1, 2009, and December 31, 2009, is not required to
 1059  complete the upgrades described in rule 62-761.510, Florida
 1060  Administrative Code, Table UST, until December 31, 2013.
 1061         Section 25. This act shall take effect July 1, 2012.