HB 1087

1	A bill to be entitled
2	An act relating to environmental control; amending s.
3	403.061, F.S.; authorizing the Department of Environmental
4	Protection to cooperate with the Department of Agriculture
5	and Consumer Services in implementing best management
6	practices; authorizing and ratifying certain
7	administrative agreements; amending ss. 311.105, 316.272,
8	373.414, 380.06, and 403.0882, F.S.; conforming cross
9	references; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 403.061, Florida Statutes, is amended
14	to read:
15	403.061  Department; powers and duties.--The department
16	shall have the power and the duty to control and prohibit
17	pollution of air and water in accordance with the law and rules
18	adopted and promulgated by it and, for this purpose, is
19	authorized to:
20	(1)  Approve and promulgate current and long-range plans
21	developed to provide for air and water quality control and
22	pollution abatement.
23	(2)  Hire only such employees as may be necessary to
24	effectuate the responsibilities of the department.
25	(3)  Utilize the facilities and personnel of other state
26	agencies, including the Department of Health, and delegate to
27	any such agency any duties and functions as the department may
28	deem necessary to carry out the purposes of this act.
29	(4)  Cooperate with the Department of Agriculture and
30	Consumer Services in the implementation of best management
31	practices consistent with ss. 373.4595, 403.067, 576.045, and
32	597.004.
33	(5)(4)  Secure necessary scientific, technical, research,
34	administrative, and operational services by interagency
35	agreement, by contract, or otherwise. All state agencies, upon
36	direction of the department, shall make these services and
37	facilities available.
38	(6)(5)  Accept state appropriations and loans and grants
39	from the Federal Government and from other sources, public or
40	private, which loans and grants shall not be expended for other
41	than the purposes of this act.
42	(7)(6)  Exercise general supervision of the administration
43	and enforcement of the laws, rules, and regulations pertaining
44	to air and water pollution.
45	(8)(7)  Adopt rules pursuant to ss. 120.536(1) and 120.54
46	to implement the provisions of this act. Any rule adopted
47	pursuant to this act shall be consistent with the provisions of
48	federal law, if any, relating to control of emissions from motor
49	vehicles, effluent limitations, pretreatment requirements, or
50	standards of performance. No county, municipality, or political
51	subdivision shall adopt or enforce any local ordinance, special
52	law, or local regulation requiring the installation of Stage II
53	vapor recovery systems, as currently defined by department rule,
54	unless such county, municipality, or political subdivision is or
55	has been in the past designated by federal regulation as a
56	moderate, serious, or severe ozone nonattainment area. Rules
57	adopted pursuant to this act shall not require dischargers of
58	waste into waters of the state to improve natural background
59	conditions. Discharges from steam electric generating plants
60	existing or licensed under this chapter on July 1, 1984, shall
61	not be required to be treated to a greater extent than may be
62	necessary to assure that the quality of nonthermal components of
63	discharges from nonrecirculated cooling water systems is as high
64	as the quality of the makeup waters; that the quality of
65	nonthermal components of discharges from recirculated cooling
66	water systems is no lower than is allowed for blowdown from such
67	systems; or that the quality of noncooling system discharges
68	which receive makeup water from a receiving body of water which
69	does not meet applicable department water quality standards is
70	as high as the quality of the receiving body of water. The
71	department may not adopt standards more stringent than federal
72	regulations, except as provided in s. 403.804.
73	(9)(8)  Issue such orders as are necessary to effectuate
74	the control of air and water pollution and enforce the same by
75	all appropriate administrative and judicial proceedings.
76	(10)(9)  Adopt a comprehensive program for the prevention,
77	control, and abatement of pollution of the air and waters of the
78	state, and from time to time review and modify such program as
79	necessary.
80	(11)(10)  Develop a comprehensive program for the
81	prevention, abatement, and control of the pollution of the
82	waters of the state. In order to effect this purpose, a grouping
83	of the waters into classes may be made in accordance with the
84	present and future most beneficial uses. Such classifications
85	may from time to time be altered or modified. However, before
86	any such classification is made, or any modification made
87	thereto, public hearings shall be held by the department.
88	(12)(11)  Establish ambient air quality and water quality
89	standards for the state as a whole or for any part thereof, and
90	also standards for the abatement of excessive and unnecessary
91	noise. The department is authorized to establish reasonable
92	zones of mixing for discharges into waters.
93	(a)  When a receiving body of water fails to meet a water
94	quality standard for pollutants set forth in department rules, a
95	steam electric generating plant discharge of pollutants that is
96	existing or licensed under this chapter on July 1, 1984, may
97	nevertheless be granted a mixing zone, provided that:
98	1.  The standard would not be met in the water body in the
99	absence of the discharge;
100	2.  The discharge is in compliance with all applicable
101	technology-based effluent limitations;
102	3.  The discharge does not cause a measurable increase in
103	the degree of noncompliance with the standard at the boundary of
104	the mixing zone; and
105	4.  The discharge otherwise complies with the mixing zone
106	provisions specified in department rules.
107	(b)  No mixing zone for point source discharges shall be
108	permitted in Outstanding Florida Waters except for:
109	1.  Sources that have received permits from the department
110	prior to April 1, 1982, or the date of designation, whichever is
111	later;
112	2.  Blowdown from new power plants certified pursuant to
113	the Florida Electrical Power Plant Siting Act;
114	3.  Discharges of water necessary for water management
115	purposes which have been approved by the governing board of a
116	water management district and, if required by law, by the
117	secretary; and
118	4.  The discharge of demineralization concentrate which has
119	been determined permittable under s. 403.0882 and which meets
120	the specific provisions of s. 403.0882(4)(a) and (b), if the
121	proposed discharge is clearly in the public interest.
122	(c)  The department, by rule, shall establish water quality
123	criteria for wetlands which criteria give appropriate
124	recognition to the water quality of such wetlands in their
125	natural state.
126
127	Nothing in this act shall be construed to invalidate any
128	existing department rule relating to mixing zones. The
129	department shall cooperate with the Department of Highway Safety
130	and Motor Vehicles in the development of regulations required by
131	s. 316.272(1).
132	(13)(12)(a)  Cause field studies to be made and samples to
133	be taken out of the air and from the waters of the state
134	periodically and in a logical geographic manner so as to
135	determine the levels of air quality of the air and water quality
136	of the waters of the state.
137	(b)  Determine the source of the pollution whenever a study
138	is made or a sample collected which proves to be below the air
139	or water quality standard set for air or water.
140	(14)(13)  Require persons engaged in operations which may
141	result in pollution to file reports which may contain
142	information relating to locations, size of outlet, height of
143	outlet, rate and period of emission, and composition and
144	concentration of effluent and such other information as the
145	department shall prescribe to be filed relative to pollution.
146	(15)(14)  Establish a permit system whereby a permit may be
147	required for the operation, construction, or expansion of any
148	installation that may be a source of air or water pollution and
149	provide for the issuance and revocation of such permits and for
150	the posting of an appropriate bond to operate.
151	(a)  Notwithstanding any other provision of this chapter,
152	the department may authorize, by rule, the Department of
153	Transportation to perform any activity requiring a permit from
154	the department covered by this chapter, upon certification by
155	the Department of Transportation that it will meet all
156	requirements imposed by statute, rule, or standard for
157	environmental control and protection as such statute, rule, or
158	standard applies to a governmental program. To this end, the
159	department may accept such certification of compliance for
160	programs of the Department of Transportation, may conduct
161	investigations for compliance, and, if a violation is found to
162	exist, may take all necessary enforcement action pertaining
163	thereto, including, but not limited to, the revocation of
164	certification. The authorization shall be by rule of the
165	department, shall be limited to the maintenance, repair, or
166	replacement of existing structures, and shall be conditioned
167	upon compliance by the Department of Transportation with
168	specific guidelines or requirements which are set forth in the
169	formal acceptance and deemed necessary by the department to
170	assure future compliance with this chapter and applicable
171	department rules. The failure of the Department of
172	Transportation to comply with any provision of the written
173	acceptance shall constitute grounds for its revocation by the
174	department.
175	(b)  The provisions of chapter 120 shall be accorded any
176	person when substantial interests will be affected by an
177	activity proposed to be conducted by the Department of
178	Transportation pursuant to its certification and the acceptance
179	of the department. If a proceeding is conducted pursuant to ss.
180	120.569 and 120.57, the department may intervene as a party.
181	Should an administrative law judge of the Division of
182	Administrative Hearings of the Department of Management Services
183	submit a recommended order pursuant to ss. 120.569 and 120.57,
184	the department shall issue a final department order adopting,
185	rejecting, or modifying the recommended order pursuant to such
186	action.
187	(16)(15)  Consult with any person proposing to construct,
188	install, or otherwise acquire a pollution control device or
189	system concerning the efficacy of such device or system, or the
190	pollution problem which may be related to the source, device, or
191	system. Nothing in any such consultation shall be construed to
192	relieve any person from compliance with this act, rules and
193	regulations of the department, or any other provision of law.
194	(17)(16)  Encourage voluntary cooperation by persons and
195	affected groups to achieve the purposes of this act, alternative
196	or innovative methods of resource protection as authorized by
197	law, the January 1999 Agreement in Principle on Nutrient
198	Management in the Suwannee River Basin, and any subsequent dairy
199	administrative agreements entered into prior to January 1, 2004.
200	Such agreements are authorized by s. 403.0611 and this section
201	and are hereby ratified.
202	(18)(17)  Encourage local units of government to handle
203	pollution problems within their respective jurisdictions on a
204	cooperative basis and provide technical and consultative
205	assistance therefor.
206	(19)(18)  Encourage and conduct studies, investigations,
207	and research relating to pollution and its causes, effects,
208	prevention, abatement, and control.
209	(20)(19)  Make a continuing study of the effects of the
210	emission of air contaminants from motor vehicles on the quality
211	of the outdoor atmosphere of this state and the several parts
212	thereof and make recommendations to appropriate public and
213	private bodies with respect thereto.
214	(21)(20)  Collect and disseminate information and conduct
215	educational and training programs relating to pollution.
216	(22)(21)  Advise, consult, cooperate, and enter into
217	agreements with other agencies of the state, the Federal
218	Government, other states, interstate agencies, groups, political
219	subdivisions, and industries affected by the provisions of this
220	act, rules, or policies of the department. However, the
221	secretary of the department shall not enter into any interstate
222	agreement relating to the transport of ozone precursor
223	pollutants, nor modify its rules based upon a recommendation
224	from the Ozone Transport Assessment Group or any other such
225	organization that is not an official subdivision of the United
226	States Environmental Protection Agency but which studies issues
227	related to the transport of ozone precursor pollutants, without
228	prior review and specific legislative approval.
229	(23)(22)  Adopt, modify, and repeal rules governing the
230	specifications, construction, and maintenance of industrial
231	reservoirs, dams, and containers which store or retain
232	industrial wastes of a deleterious nature.
233	(24)(23)  Adopt rules and regulations to ensure that no
234	detergents are sold in Florida after December 31, 1972, which
235	are reasonably found to have a harmful or deleterious effect on
236	human health or on the environment. Any regulations adopted
237	pursuant to this subsection shall apply statewide. Subsequent to
238	the promulgation of such rules and regulations, no county,
239	municipality, or other local political subdivision shall adopt
240	or enforce any local ordinance, special law, or local regulation
241	governing detergents which is less stringent than state law or
242	regulation. Regulations, ordinances, or special acts adopted by
243	a county or municipality governing detergents shall be subject
244	to approval by the department, except that regulations,
245	ordinances, or special acts adopted by any county or
246	municipality with a local pollution control program approved
247	pursuant to s. 403.182 shall be approved as an element of the
248	local pollution control program.
249	(25)(24)(a)  Establish a permit system to provide for spoil
250	site approval, as may be requested and required by local
251	governmental agencies as defined in s. 403.1822(3), or mosquito
252	control districts as defined in s. 388.011(5), to facilitate
253	these agencies in providing spoil sites for the deposit of spoil
254	from maintenance dredging of navigation channels, port harbors,
255	turning basins, and harbor berths, as part of a federal project,
256	when the agency is acting as sponsor of a contemplated dredge
257	and fill operation involving an established navigation channel,
258	harbor, turning basin, or harbor berth. A spoil site approval
259	granted to the agency shall be granted for a period of 10 to 25
260	years when such site is not inconsistent with an adopted local
261	governmental comprehensive plan and the requirements of this
262	chapter. The department shall periodically review each permit to
263	determine compliance with the terms and conditions of the
264	permit. Such review shall be conducted at least once every 10
265	years.
266	(b)  This subsection applies only to those maintenance
267	dredging operations permitted after July 1, 1980, where the
268	United States Army Corps of Engineers is the prime dredge and
269	fill agent and the local governmental agency is acting as
270	sponsor for the operation, and does not require the
271	redesignation of currently approved spoil sites under such
272	previous operations.
273	(26)(25)  Establish and administer a program for the
274	restoration and preservation of bodies of water within the
275	state. The department shall have the power to acquire lands, to
276	cooperate with other applicable state or local agencies to
277	enhance existing public access to such bodies of water, and to
278	adopt all rules necessary to accomplish this purpose.
279	(27)(26)(a)  Develop standards and criteria for waters used
280	for deepwater shipping which standards and criteria consider
281	existing water quality; appropriate mixing zones and other
282	requirements for maintenance dredging in previously constructed
283	deepwater navigation channels, port harbors, turning basins, or
284	harbor berths; and appropriate mixing zones for disposal of
285	spoil material from dredging and, where necessary, develop a
286	separate classification for such waters. Such classification,
287	standards, and criteria shall recognize that the present
288	dedicated use of these waters is for deepwater commercial
289	navigation.
290	(b)  The provisions of paragraph (a) apply only to the port
291	waters, spoil disposal sites, port harbors, navigation channels,
292	turning basins, and harbor berths used for deepwater commercial
293	navigation in the ports of Jacksonville, Tampa, Port Everglades,
294	Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee,
295	Port St. Joe, Panama City, St. Petersburg, Port Bartow, Florida
296	Power Corporation's Crystal River Canal, Boca Grande, Green Cove
297	Springs, and Pensacola.
298	(28)(27)  Establish rules which provide for a special
299	category of water bodies within the state, to be referred to as
300	"Outstanding Florida Waters," which water bodies shall be worthy
301	of special protection because of their natural attributes.
302	Nothing in this subsection shall affect any existing rule of the
303	department.
304	(29)(28)  Perform any other act necessary to control and
305	prohibit air and water pollution, and to delegate any of its
306	responsibilities, authority, and powers, other than rulemaking
307	powers, to any state agency now or hereinafter established.
308	(30)(29)  Adopt by rule special criteria to protect Class
309	II shellfish harvesting waters. Rules previously adopted by the
310	department in rule 17-4.28(8)(a), Florida Administrative Code,
311	are hereby ratified and determined to be a valid exercise of
312	delegated legislative authority and shall remain in effect
313	unless amended by the Environmental Regulation Commission.
314	(31)(30)  Establish requirements by rule that reasonably
315	protect the public health and welfare from electric and magnetic
316	fields associated with existing 230 kV or greater electrical
317	transmission lines, new 230 kV and greater electrical
318	transmission lines for which an application for certification
319	under the Transmission Line Siting Act, ss. 403.52-403.5365, is
320	not filed, new or existing electrical transmission or
321	distribution lines with voltage less than 230 kV, and substation
322	facilities. Notwithstanding any other provision in this chapter
323	or any other law of this state or political subdivision thereof,
324	the department shall have exclusive jurisdiction in the
325	regulation of electric and magnetic fields associated with all
326	electrical transmission and distribution lines and substation
327	facilities. However, nothing herein shall be construed as
328	superseding or repealing the provisions of s. 403.523(1) and
329	(10).
330	(32)(31)  Adopt rules necessary to obtain approval from the
331	United States Environmental Protection Agency to administer the
332	Federal National Pollution Discharge Elimination System (NPDES)
333	permitting program in Florida under ss. 318, 402, and 405 of the
334	Federal Clean Water Act, Pub. L. No. 92-500, as amended. This
335	authority shall be implemented consistent with the provisions of
336	part II, which shall be applicable to facilities certified
337	thereunder. The department shall establish all rules, standards,
338	and requirements that regulate the discharge of pollutants into
339	waters of the United States as defined by and in a manner
340	consistent with federal regulations; provided, however, that the
341	department may adopt a standard that is stricter or more
342	stringent than one set by the United States Environmental
343	Protection Agency if approved by the Governor and Cabinet in
344	accordance with the procedures of s. 403.804(2).
345	(33)(32)  Coordinate the state's stormwater program.
346	(34)(33)  Establish and administer programs providing
347	appropriate incentives that have the following goals, in order
348	of importance:
349	(a)  Preventing and reducing pollution at its source.
350	(b)  Recycling contaminants that have the potential to
351	pollute.
352	(c)  Treating and neutralizing contaminants that are
353	difficult to recycle.
354	(d)  Disposing of contaminants only after other options
355	have been used to the greatest extent practicable.
356	(35)(34)  Adopt rules which may include stricter permitting
357	and enforcement provisions within Outstanding Florida Waters,
358	aquatic preserves, areas of critical state concern, and areas
359	subject to chapter 380 resource management plans adopted by rule
360	by the Administration Commission, when the plans for an area
361	include waters that are particularly identified as needing
362	additional protection, which provisions are not inconsistent
363	with the applicable rules adopted for the management of such
364	areas by the department and the Governor and Cabinet.
365	(36)(35)  Exercise the duties, powers, and responsibilities
366	required of the state under the federal Clean Air Act, 42 U.S.C.
367	ss. 7401 et seq. The department shall implement the programs
368	required under that act in conjunction with its other powers and
369	duties. Nothing in this subsection shall be construed to repeal
370	or supersede any of the department's existing rules.
371	(37)(36)  Establish statewide standards for persons engaged
372	in determining visible air emissions and to require these
373	persons to obtain training to meet such standards.
374	(38)(37)  Enter into a memorandum of agreement with the
375	Florida Ports Council which provides a supplemental permitting
376	process for the issuance of a joint coastal permit pursuant to
377	s. 161.055 or environmental resource permit pursuant to part IV
378	of chapter 373, to a port listed in s. 311.09(1), for
379	maintenance dredging and the management of dredged materials
380	from maintenance dredging of all navigation channels, port
381	harbors, turning basins, and harbor berths. Such permit shall be
382	issued for a period of 5 years and shall be annually extended
383	for an additional year if the port is in compliance with all
384	permit conditions at the time of extension. The department is
385	authorized to adopt rules to implement this subsection.
386	(39)(38)  Enter into a memorandum of agreement with the
387	Florida Ports Council which provides a supplemental permitting
388	process for the issuance of a conceptual joint coastal permit
389	pursuant to s. 161.055 or environmental resource permit pursuant
390	to part IV of chapter 373, to a port listed in s. 311.09(1), for
391	dredging and the management of materials from dredging and for
392	other related activities necessary for development, including
393	the expansion of navigation channels, port harbors, turning
394	basins, harbor berths, and associated facilities. Such permit
395	shall be issued for a period of up to 15 years. The department
396	is authorized to adopt rules to implement this subsection.
397	(40)(39)  Enter into a memorandum of agreement with the
398	Florida Inland Navigation District and the West Coast Inland
399	Navigation District, or their successor agencies, to provide a
400	supplemental process for issuance of joint coastal permits
401	pursuant to s. 161.055 or environmental resource permits
402	pursuant to part IV of chapter 373 for regional waterway
403	management activities, including, but not limited to,
404	maintenance dredging, spoil disposal, public recreation, inlet
405	management, beach nourishment, and environmental protection
406	directly related to public navigation and the construction,
407	maintenance, and operation of Florida's inland waterways. The
408	department is authorized to adopt rules to implement this
409	subsection.
410	(41)(40)  Serve as the state's single point of contact for
411	performing the responsibilities described in Presidential
412	Executive Order 12372, including administration and operation of
413	the Florida State Clearinghouse. The Florida State Clearinghouse
414	shall be responsible for coordinating interagency reviews of the
415	following: federal activities and actions subject to the federal
416	consistency requirements of s. 307 of the Coastal Zone
417	Management Act; documents prepared pursuant to the National
418	Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
419	Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
420	applications for federal funding pursuant to s. 216.212; and
421	other notices and information regarding federal activities in
422	the state, as appropriate. The Florida State Clearinghouse shall
423	ensure that state agency comments and recommendations on the
424	environmental, social, and economic impact of proposed federal
425	actions are communicated to federal agencies, applicants, local
426	governments, and interested parties.
427
428	The department shall implement such programs in conjunction with
429	its other powers and duties and shall place special emphasis on
430	reducing and eliminating contamination that presents a threat to
431	humans, animals or plants, or to the environment.
432	Section 2.  Subsections (2), (3), and (6) of section
433	311.105, Florida Statutes, are amended to read:
434	311.105  Florida Seaport Environmental Management
435	Committee; permitting; mitigation.--
436	(2)  Each application for a permit authorized pursuant to
437	s. 403.061(38)(37) must include:
438	(a)  A description of maintenance dredging activities to be
439	conducted and proposed methods of dredged-material management.
440	(b)  A characterization of the materials to be dredged and
441	the materials within dredged-material management sites.
442	(c)  A description of dredged-material management sites and
443	plans.
444	(d)  A description of measures to be undertaken, including
445	environmental compliance monitoring, to minimize adverse
446	environmental effects of maintenance dredging and dredged-
447	material management.
448	(e)  Such scheduling information as is required to
449	facilitate state supplementary funding of federal maintenance
450	dredging and dredged-material management programs consistent
451	with beach restoration criteria of the Department of
452	Environmental Protection.
453	(3)  Each application for a permit authorized pursuant to
454	s. 403.061(39)(38) must include the provisions of paragraphs
455	(2)(b)-(e) and the following:
456	(a)  A description of dredging and dredged-material
457	management and other related activities associated with port
458	development, including the expansion of navigation channels,
459	dredged-material management sites, port harbors, turning basins,
460	harbor berths, and associated facilities.
461	(b)  A discussion of environmental mitigation as is
462	proposed for dredging and dredged-material management for port
463	development, including the expansion of navigation channels,
464	dredged-material management sites, port harbors, turning basins,
465	harbor berths, and associated facilities.
466	(6)  Dredged-material management activities authorized
467	pursuant to s. 403.061(38)(37) or (39)(38) shall be incorporated
468	into port master plans developed pursuant to s. 163.3178(2)(k).
469	Section 3.  Subsection (1) of section 316.272, Florida
470	Statutes, is amended to read:
471	316.272  Exhaust systems, prevention of noise.--
472	(1)  Every motor vehicle shall at all times be equipped
473	with an exhaust system in good working order and in constant
474	operation, including muffler, manifold pipe, and tailpiping to
475	prevent excessive or unusual noise. In no event shall an exhaust
476	system allow noise at a level which exceeds a maximum decibel
477	level to be established by regulation of the Department of
478	Environmental Protection as provided in s. 403.061(14)(13) in
479	cooperation with the Department of Highway Safety and Motor
480	Vehicles. No person shall use a muffler cutout, bypass or
481	similar device upon a vehicle on a highway.
482	Section 4.  Subsection (9) of section 373.414, Florida
483	Statutes, is amended to read:
484	373.414  Additional criteria for activities in surface
485	waters and wetlands.--
486	(9)  The department and the governing boards, on or before
487	July 1, 1994, shall adopt rules to incorporate the provisions of
488	this section, relying primarily on the existing rules of the
489	department and the water management districts, into the rules
490	governing the management and storage of surface waters. Such
491	rules shall seek to achieve a statewide, coordinated and
492	consistent permitting approach to activities regulated under
493	this part. Variations in permitting criteria in the rules of
494	individual water management districts or the department shall
495	only be provided to address differing physical or natural
496	characteristics. Such rules adopted pursuant to this subsection
497	shall include the special criteria adopted pursuant to s.
498	403.061(30)(29) and may include the special criteria adopted
499	pursuant to s. 403.061(35)(34). Such rules shall include a
500	provision requiring that a notice of intent to deny or a permit
501	denial based upon this section shall contain an explanation of
502	the reasons for such denial and an explanation, in general
503	terms, of what changes, if any, are necessary to address such
504	reasons for denial. Such rules may establish exemptions and
505	general permits, if such exemptions and general permits do not
506	allow significant adverse impacts to occur individually or
507	cumulatively. Such rules may require submission of proof of
508	financial responsibility which may include the posting of a bond
509	or other form of surety prior to the commencement of
510	construction to provide reasonable assurance that any activity
511	permitted pursuant to this section, including any mitigation for
512	such permitted activity, will be completed in accordance with
513	the terms and conditions of the permit once the construction is
514	commenced. Until rules adopted pursuant to this subsection
515	become effective, existing rules adopted under this part and
516	rules adopted pursuant to the authority of ss. 403.91-403.929
517	shall be deemed authorized under this part and shall remain in
518	full force and effect. Neither the department nor the governing
519	boards are limited or prohibited from amending any such rules.
520	Section 5.  Paragraph (c) of subsection (5) of section
521	380.06, Florida Statutes, is amended to read:
522	380.06  Developments of regional impact.--
523	(5)  AUTHORIZATION TO DEVELOP.--
524	(c)  Prior to the issuance of a final development order,
525	the developer may elect to be bound by the rules adopted
526	pursuant to chapters 373 and 403 in effect when such development
527	order is issued. The rules adopted pursuant to chapters 373 and
528	403 in effect at the time such development order is issued shall
529	be applicable to all applications for permits pursuant to those
530	chapters and which are necessary for and consistent with the
531	development authorized in such development order, except that a
532	later adopted rule shall be applicable to an application if:
533	1.  The later adopted rule is determined by the rule-
534	adopting agency to be essential to the public health, safety, or
535	welfare;
536	2.  The later adopted rule is adopted pursuant to s.
537	403.061(28)(27);
538	3.  The later adopted rule is being adopted pursuant to a
539	subsequently enacted statutorily mandated program;
540	4.  The later adopted rule is mandated in order for the
541	state to maintain delegation of a federal program; or
542	5.  The later adopted rule is required by state or federal
543	law.
544
545	Further, in order for any developer to apply for permits
546	pursuant to this provision, the application must be filed within
547	5 years from the issuance of the final development order and the
548	permit shall not be effective for more than 8 years from the
549	issuance of the final development order. Nothing in this
550	paragraph shall be construed to alter or change any permitting
551	agency's authority to approve permits or to determine applicable
552	criteria for longer periods of time.
553	Section 6.  Subsection (7) of section 403.0882, Florida
554	Statutes, is amended to read:
555	403.0882  Discharge of demineralization concentrate.--
556	(7)  The department may adopt additional rules for the
557	regulation of demineralization and to administer this section
558	and s. 403.061(12)(11)(b).
559	Section 7.  This act shall take effect July 1, 2005.

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