Florida Senate - 2016                                    SB 1176
       
       
        
       By Senator Diaz de la Portilla
       
       40-01519-16                                           20161176__
    1                        A bill to be entitled                      
    2         An act relating to dredge and fill activities;
    3         amending s. 373.4144, F.S.; revising the acreage of
    4         wetlands and other surface waters subject to impact by
    5         dredge and fill activities under a state programmatic
    6         general permit; providing that seeking to use such a
    7         permit consents to specified federal wetland
    8         jurisdiction criteria; authorizing the Department of
    9         Environmental Protection to delegate federal
   10         permitting programs for the discharge of dredged or
   11         fill material under certain conditions; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (2) and (3) of section 373.4144,
   17  Florida Statutes, are amended to read:
   18         373.4144 Federal environmental permitting.—
   19         (2)(a) In order to effectuate efficient wetland permitting
   20  and avoid duplication, the department and water management
   21  districts are authorized to implement a voluntary state
   22  programmatic general permit for all dredge and fill activities
   23  impacting 10 3 acres or less of wetlands or other surface
   24  waters, including navigable waters, subject to agreement with
   25  the United States Army Corps of Engineers, if the general permit
   26  is at least as protective of the environment and natural
   27  resources as existing state law under this part and federal law
   28  under the Clean Water Act and the Rivers and Harbors Act of
   29  1899.
   30         (b) By seeking to use a statewide programmatic general
   31  permit, an applicant consents to applicable federal wetland
   32  jurisdiction criteria, which are not included pursuant to this
   33  part, but which are authorized by the regulations implementing
   34  s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
   35  33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
   36  Act of 1899 as required by the United States Army Corps of
   37  Engineers, notwithstanding s. 373.4145 and for the limited
   38  purpose of implementing the state programmatic general permit
   39  authorized by this subsection.
   40         (3) The department may pursue This section may not preclude
   41  the department from pursuing a series of regional general
   42  permits for construction activities in wetlands or surface
   43  waters or delegation or complete assumption of federal
   44  permitting programs regulating the discharge of dredged or fill
   45  material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
   46  92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
   47  Rivers and Harbors Act of 1899, so long as the delegation or
   48  assumption encompasses all dredge and fill activities in, on, or
   49  over jurisdictional wetlands or waters, including navigable
   50  waters, within the state.
   51         Section 2. This act shall take effect upon becoming a law.