Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. SB 2508
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             02/17/2022 01:42 PM       .                                

       Senator Albritton moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 194 - 351
    4  and insert:
    5  and approval. Notwithstanding the requirements of this
    6  paragraph, the release of state funds for the Everglades
    7  Agricultural Area reservoir project, the Lake Okeechobee
    8  Watershed project, the C-43 West Basin Reservoir Storage
    9  project, and the Indian River Lagoon-South project is
   10  authorized.
   11         Section 3. Effective upon becoming a law, paragraph (a) of
   12  subsection (7) of section 373.036, Florida Statutes, is amended
   13  to read:
   14         373.036 Florida water plan; district water management
   15  plans.—
   17         (a) By March 1, annually, each water management district
   18  shall prepare and submit to the Office of Economic and
   19  Demographic Research, the department, the Governor, the
   20  President of the Senate, and the Speaker of the House of
   21  Representatives a consolidated water management district annual
   22  report on the management of water resources. In addition, copies
   23  must be provided by the water management districts to the chairs
   24  of all legislative committees having substantive or fiscal
   25  jurisdiction over the districts and the governing board of each
   26  county in the district having jurisdiction or deriving any funds
   27  for operations of the district. Copies of the consolidated
   28  annual report must be made available to the public, either in
   29  printed or electronic format. Any modifications to the annual
   30  work plan shall be submitted to the secretary for review and
   31  approval.
   32         Section 4. Effective upon becoming a law, subsection (7) of
   33  section 373.1501, Florida Statutes, is amended, subsections (10)
   34  and (11) are added to that section, and subsection (4) of that
   35  section is reenacted, to read:
   36         373.1501 South Florida Water Management District as local
   37  sponsor.—
   38         (4) The district is authorized to act as local sponsor of
   39  the project for those project features within the district as
   40  provided in this subsection and subject to the oversight of the
   41  department as further provided in s. 373.026. The district shall
   42  exercise the authority of the state to allocate quantities of
   43  water within its jurisdiction, including the water supply in
   44  relation to the project, and be responsible for allocating water
   45  and assigning priorities among the other water uses served by
   46  the project pursuant to state law. The district may:
   47         (a) Act as local sponsor for all project features
   48  previously authorized by Congress.
   49         (b) Continue data gathering, analysis, research, and design
   50  of project components, participate in preconstruction
   51  engineering and design documents for project components, and
   52  further refine the Comprehensive Plan of the restudy as a guide
   53  and framework for identifying other project components.
   54         (c) Construct pilot projects that will assist in
   55  determining the feasibility of technology included in the
   56  Comprehensive Plan of the restudy.
   57         (d) Act as local sponsor for project components.
   58         (7) When developing or implementing water control plans or
   59  regulation schedules required for the operation of the project,
   60  the district shall provide recommendations to the United States
   61  Army Corps of Engineers which are consistent with all district
   62  programs and plans. The district shall certify to the President
   63  of the Senate and the Speaker of the House of Representatives,
   64  with a copy to the department, that its recommendations made
   65  pursuant to this subsection comply with all district programs
   66  and plans.
   67         (10)The Legislature finds that the Lake Okeechobee
   68  Regulation Schedule and any operating manual must balance the
   69  different interests across the system, including, but not
   70  limited to, safeguarding the water supply to society and the
   71  environment, reducing high-volume discharges to coastal
   72  estuaries, and providing for flood control.
   73         (11) Water shortages within the Lake Okeechobee Region must
   74  be managed in accordance with Chapters 40E-21 and 40E-22,
   75  Florida Administrative Code, in effect as of January 1, 2022, as
   76  such region is set forth therein.
   77         Section 5. Effective upon becoming a law, section 373.4141,
   78  Florida Statutes, is amended to read:
   79         373.4141 Permits; processing.—
   81         (a) Within 30 days after receipt of an application for a
   82  permit under this part, the department or the water management
   83  district shall review the application and shall request
   84  submittal of all additional information the department or the
   85  water management district is permitted by law to require. If the
   86  applicant believes any request for additional information is not
   87  authorized by law or rule, the applicant may request a hearing
   88  pursuant to s. 120.57. Within 30 days after receipt of such
   89  additional information, the department or water management
   90  district shall review it and may request only that information
   91  needed to clarify such additional information or to answer new
   92  questions raised by or directly related to such additional
   93  information. If the applicant believes the request of the
   94  department or water management district for such additional
   95  information is not authorized by law or rule, the department or
   96  water management district, at the applicant’s request, must
   97  shall proceed to process the permit application.
   98         (b)(2) A permit must shall be approved, denied, or subject
   99  to a notice of proposed agency action within 60 days after
  100  receipt of the original application, the last item of timely
  101  requested additional material, or the applicant’s written
  102  request to begin processing the permit application.
  103         (c)(3) Processing of applications for permits for
  104  affordable housing projects must shall be expedited to a greater
  105  degree than other projects.
  106         (d)(4) A state agency or an agency of the state may not
  107  require as a condition of approval for a permit or as an item to
  108  complete a pending permit application that an applicant obtain a
  109  permit or approval from any other local, state, or federal
  110  agency without explicit statutory authority to require such
  111  permit or approval.
  113         (a) The department may enter into an agreement or a
  114  contract with a public entity, which includes a utility
  115  regulated under chapter 366, to expedite the evaluation of
  116  environmental resource permits or section 404 permits related to
  117  a project or an activity that serves a public purpose. Any
  118  agreement or contract entered into pursuant to this subsection
  119  must be effective for at least 3 years.
  120         (b) The department must ensure that any agreement or
  121  contract entered into by the department does not affect
  122  impartial decisionmaking, either substantively or procedurally.
  123  The department must use the same procedures for decisions that
  124  would otherwise be required for the evaluation of permits for
  125  similar projects or activities not carried out under an
  126  agreement or contract authorized under this subsection.
  127         (c) The department must make all active agreements or
  128  contracts entered into under this subsection available on its
  129  website.
  130         (d) The department may receive funds pursuant to an
  131  agreement or contract entered into under this subsection. Any
  132  funds received pursuant to this subsection must be deposited
  133  into the Grants and Donations Trust Fund and used in accordance
  134  with the agreement or contract.
  136  ================= T I T L E  A M E N D M E N T ================
  137  And the title is amended as follows:
  138         Delete lines 13 - 35
  139  and insert:
  140         the act; authorizing the release of state funds for
  141         specified water projects; amending s. 373.036, F.S.;
  142         requiring modifications to water management district
  143         annual work plans to be submitted to the Secretary of
  144         Environmental Protection for review and approval;
  145         amending s. 373.1501, F.S.; requiring the South
  146         Florida Water Management District to make a specified
  147         certification to the Legislature regarding its
  148         recommendations to the United States Army Corps of
  149         Engineers; providing legislative findings; requiring
  150         water shortages within the Lake Okeechobee Region to
  151         be managed in accordance with certain provisions;
  152         amending s. 373.4141, F.S.; authorizing the Department
  153         of Environmental Protection to enter into agreements
  154         or contracts with certain entities to expedite the
  155         evaluation of certain environmental permits; providing
  156         requirements for such agreements or contracts;
  157         authorizing the department to receive funds received
  158         pursuant to such an agreement or contract; requiring
  159         such funds to be deposited into the Grants and
  160         Donations Trust Fund; amending s. 570.71,