Senate Bill sb2054c2

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    Florida Senate - 2007                    CS for CS for SB 2054

    By the Committees on Communications and Public Utilities; and
    Environmental Preservation and Conservation




    579-2437-07

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 258.007,

  4         F.S.; deleting a penalty for a rule violation;

  5         creating s. 258.008, F.S.; creating penalties

  6         for the violation of rules adopted under ch.

  7         258, F.S., and for specified activities within

  8         the boundaries of a state park; providing for

  9         fines to be deposited into the State Park Trust

10         Fund; providing for court costs under certain

11         circumstances; amending s. 316.212, F.S.;

12         allowing the operation of golf carts on roads

13         within the state park system under certain

14         conditions; amending s. 373.4142, F.S.;

15         providing statewide consistency for water

16         quality standards in the Northwest Florida

17         Water Management District; amending s. 373.414,

18         F.S.; providing that certain variance

19         provisions apply in the Northwest Florida Water

20         Management District; amending s. 373.4211,

21         F.S.; ratifying the wetland rule and amending

22         it to include certain plant species approved by

23         the Environmental Regulation Commission;

24         providing for delay of the ratification until

25         certain conditions are met; amending s.

26         403.031, F.S.; conforming the definition of the

27         term "regulated air pollutant" to changes made

28         in the federal Clean Air Act; amending s.

29         403.067, F.S.; providing for the trading of

30         water quality credits in the total maximum

31         daily load program in areas that have adopted a

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 1         basin action plan; providing for rules and

 2         specifying what the rules must address;

 3         amending s. 403.0872, F.S.; conforming the

 4         requirements for air operation permits to

 5         changes made to Title V of the Clean Air Act to

 6         delete certain minor sources from the Title V

 7         permitting requirements; amending s. 403.088,

 8         F.S.; providing for the revision of water

 9         pollution operation permits; amending s.

10         403.50663, F.S.; clarifying certain notice

11         requirements; amending s. 403.50665, F.S.;

12         providing for a local government to issue a

13         statement of inconsistency with existing land

14         use plans and zoning ordinances due to

15         incompleteness of information necessary for an

16         evaluation; amending s. 403.508, F.S.;

17         clarifying certain hearing requirements for

18         land use and certification hearings; amending

19         s. 403.509, F.S.; clarifying certain provisions

20         relating to certifications issued by the

21         Department of Environmental Protection;

22         amending s. 403.5113, F.S.; providing technical

23         corrections to provisions requiring

24         postcertification amendments and review;

25         amending s. 403.5115, F.S.; clarifying certain

26         public-notice requirements; amending s.

27         403.5252, F.S.; clarifying provisions relating

28         to the determination of completeness of an

29         application for an electric transmission line;

30         amending s. 403.527, F.S.; clarifying the time

31         under which the department or the applicant may

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 1         request the cancellation of a certification

 2         hearing for a proposed transmission line;

 3         amending s. 403.5271, F.S.; clarifying the

 4         responsibilities of reviewing agencies to

 5         review the completeness of an application;

 6         amending s. 403.5317, F.S.; clarifying the

 7         provisions relating to a change in the

 8         condition of a certification; amending s.

 9         403.5363, F.S.; providing that notice of a

10         cancellation of a certification hearing must be

11         within a certain time; amending s. 376.30715,

12         F.S.; defining the term "acquired" for purposes

13         of transfers of certain property; repealing ch.

14         325, F.S., consisting of ss. 325.2055, 325.221,

15         325.222, and 325.223, F.S., relating to motor

16         vehicle air conditioning refrigerants;

17         repealing s. 403.0875, F.S., relating to citrus

18         juice processing facilities; amending s.

19         373.459, F.S.; repealing a provision that

20         repealed a subsection concerning financial

21         match requirements and certain expenditure

22         limitations for surface water protection

23         programs; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsection (2) of section 258.007, Florida

28  Statutes, is amended to read:

29         258.007  Powers of division.--

30         (2)  The division has authority to adopt rules pursuant

31  to ss. 120.536(1) and 120.54 to implement provisions of law

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 1  conferring duties on it, and to impose penalties for the

 2  violation of any rule authorized by this section shall be a

 3  misdemeanor and punishable accordingly.

 4         Section 2.  Section 258.008, Florida Statutes, is

 5  created to read:

 6         258.008  Prohibited activities; penalties.--

 7         (1)  Except as provided in subsection (3), any person

 8  who violates or otherwise fails to comply with the rules

 9  adopted under this chapter commits a noncriminal infraction

10  for which ejection from all property managed by the Division

11  of Recreation and Parks and a fine of up to $1,000 may be

12  imposed by the division.

13         (2)  In addition to penalties imposed under subsection

14  (1), any person who fails to sign a citation given under

15  subsection (1), fails to appear in court in response to such

16  citation, or fails to comply with the court's order commits a

17  misdemeanor of the second degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (3)  Any person who engages in any of the following

20  activities within the boundaries of a state park without first

21  obtaining the express permission of the Division of Recreation

22  and Parks commits a misdemeanor of the second degree,

23  punishable as provided in s. 775.082 or s. 775.083, and shall

24  be ejected from all property managed by the division:

25         (a)  Cutting, carving, injuring, mutilating, moving,

26  displacing, or breaking off any water-bottom formation or

27  coral;

28         (b)  Capturing, trapping, injuring, or harassing a wild

29  animal;

30         (c)  Collecting plant or animal specimens;

31  

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 1         (d)  Leaving the designated public roads in a vehicle;

 2  or

 3         (e)  Hunting.

 4         (4)  Fines paid under this section shall be paid to the

 5  Department of Environmental Protection and deposited in the

 6  State Park Trust Fund. If a person who receives a citation

 7  elects to defend himself or herself in court, the county small

 8  claims court for the county in which the violation occurred

 9  shall have jurisdiction. Court costs shall be determined by

10  and paid to the court as ordered by the court. A person who

11  receives a citation but fails to pay the fine, sign and accept

12  a citation, appear in court, or comply with the court's order

13  may not enter any state park property until he or she has paid

14  the fine, complied with the procedure, or complied with the

15  order. The department may establish by rule the procedures for

16  giving a citation, giving a notice of appearance in court,

17  payment of fines, and listing of persons ejected from state

18  parks; the amounts of fines for civil infractions up to

19  $1,000; definitions; time limits and deadlines; and any other

20  matter necessary to implement this section.

21         Section 3.  Section 316.212, Florida Statutes, is

22  amended to read:

23         316.212  Operation of golf carts on certain

24  roadways.--The operation of a golf cart upon the public roads

25  or streets of this state is prohibited except as provided

26  herein:

27         (1)  A golf cart may be operated only upon a county

28  road that has been designated by a county, or a municipal

29  street that has been designated by a municipality, for use by

30  golf carts. Prior to making such a designation, the

31  responsible local governmental entity must first determine

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 1  that golf carts may safely travel on or cross the public road

 2  or street, considering factors including the speed, volume,

 3  and character of motor vehicle traffic using the road or

 4  street. Upon a determination that golf carts may be safely

 5  operated on a designated road or street, the responsible

 6  governmental entity shall post appropriate signs to indicate

 7  that such operation is allowed.

 8         (2)  A golf cart may be operated on a part of the State

 9  Highway System only under the following conditions:

10         (a)  To cross a portion of the State Highway System

11  which intersects a county road or municipal street that has

12  been designated for use by golf carts if the Department of

13  Transportation has reviewed and approved the location and

14  design of the crossing and any traffic control devices needed

15  for safety purposes.

16         (b)  To cross, at midblock, a part of the State Highway

17  System where a golf course is constructed on both sides of the

18  highway if the Department of Transportation has reviewed and

19  approved the location and design of the crossing and any

20  traffic control devices needed for safety purposes.

21         (c)  A golf cart may be operated on a state road that

22  has been designated for transfer to a local government unit

23  pursuant to s. 335.0415 if the Department of Transportation

24  determines that the operation of a golf cart within the

25  right-of-way of the road will not impede the safe and

26  efficient flow of motor vehicular traffic. The department may

27  authorize the operation of golf carts on such a road if:

28         1.  The road is the only available public road along

29  which golf carts may travel or cross or the road provides the

30  safest travel route among alternative routes available; and

31  

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 1         2.  The speed, volume, and character of motor vehicular

 2  traffic using the road is considered in making such a

 3  determination.

 4  

 5  Upon its determination that golf carts may be operated on a

 6  given road, the department shall post appropriate signs on the

 7  road to indicate that such operation is allowed.

 8         (3)  Any other provision of this section to the

 9  contrary notwithstanding, a golf cart may be operated for the

10  purpose of crossing a street or highway where a single mobile

11  home park is located on both sides of the street or highway

12  and is divided by that street or highway, provided that the

13  governmental entity having original jurisdiction over such

14  street or highway shall review and approve the location of the

15  crossing and require implementation of any traffic controls

16  needed for safety purposes. This subsection shall apply only

17  to residents or guests of the mobile home park. Any other

18  provision of law to the contrary notwithstanding, if notice is

19  posted at the entrance and exit to any mobile home park that

20  residents of the park utilize golf carts or electric vehicles

21  within the confines of the park it shall not be necessary that

22  the park have a gate or other device at the entrance and exit

23  in order for such golf carts or electric vehicles to be

24  lawfully operated in the park.

25         (4)  Notwithstanding any other provisions of this

26  section, a golf cart may be operated on a road that is part of

27  the State Park Road System and where the posted speed limit is

28  35 miles per hour or less, and where not otherwise prohibited

29  by the Division of Recreation and Parks of the Department of

30  Environmental Protection.

31  

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 1         (5)(4)  A golf cart may be operated only during the

 2  hours between sunrise and sunset, unless the responsible

 3  governmental entity has determined that a golf cart may be

 4  operated during the hours between sunset and sunrise and the

 5  golf cart is equipped with headlights, brake lights, turn

 6  signals, and a windshield.

 7         (6)(5)  A golf cart must be equipped with efficient

 8  brakes, reliable steering apparatus, safe tires, a rearview

 9  mirror, and red reflectorized warning devices in both the

10  front and rear.

11         (7)(6)  A golf cart may not be operated on public roads

12  or streets by any person under the age of 14.

13         (8)(7)  A local governmental entity may enact an

14  ordinance regarding golf cart operation and equipment which is

15  more restrictive than those enumerated in this section. Upon

16  enactment of any such ordinance, the local governmental entity

17  shall post appropriate signs or otherwise inform the residents

18  that such an ordinance exists and that it shall be enforced

19  within the local government's jurisdictional territory. An

20  ordinance referred to in this section must apply only to an

21  unlicensed driver.

22         (9)(8)  A violation of this section is a noncriminal

23  traffic infraction, punishable pursuant to chapter 318 as a

24  moving violation for infractions of subsection (1), subsection

25  (2), subsection (3), subsection (5) (4), or a local ordinance

26  corresponding thereto and enacted pursuant to subsection (8)

27  (7), or punishable pursuant to chapter 318 as a nonmoving

28  violation for infractions of subsection (6) (5), subsection

29  (7) (6), or a local ordinance corresponding thereto and

30  enacted pursuant to subsection (8) (7).

31  

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 1         Section 4.  Section 373.4142, Florida Statutes, is

 2  amended to read:

 3         373.4142  Water quality within stormwater treatment

 4  systems.--State surface water quality standards applicable to

 5  waters of the state, as defined in s. 403.031(13), shall not

 6  apply within a stormwater management system which is designed,

 7  constructed, operated, and maintained for stormwater treatment

 8  in accordance with a valid permit or noticed exemption issued

 9  pursuant to chapter 62-25 17-25, Florida Administrative Code;

10  a valid permit or exemption under s. 373.4145 within the

11  Northwest Florida Water Management District; a valid permit

12  issued on or subsequent to April 1, 1986, within the Suwannee

13  River Water Management District or the St. Johns River Water

14  Management District pursuant to this part; a valid permit

15  issued on or subsequent to March 1, 1988, within the Southwest

16  Florida Water Management District pursuant to this part; or a

17  valid permit issued on or subsequent to January 6, 1982,

18  within the South Florida Water Management District pursuant to

19  this part. Such inapplicability of state water quality

20  standards shall be limited to that part of the stormwater

21  management system located upstream of a manmade water control

22  structure permitted, or approved under a noticed exemption, to

23  retain or detain stormwater runoff in order to provide

24  treatment of the stormwater. The additional use of such a

25  stormwater management system for flood attenuation or

26  irrigation shall not divest the system of the benefits of this

27  exemption. This section shall not affect the authority of the

28  department and water management districts to require

29  reasonable assurance that the water quality within such

30  stormwater management systems will not adversely impact public

31  health, fish and wildlife, or adjacent waters.

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 1         Section 5.  Subsection (17) of section 373.414, Florida

 2  Statutes, is amended to read:

 3         373.414  Additional criteria for activities in surface

 4  waters and wetlands.--

 5         (17)  The variance provisions of s. 403.201 are

 6  applicable to the provisions of this section or any rule

 7  adopted pursuant hereto.  The governing boards and the

 8  department are authorized to review and take final agency

 9  action on petitions requesting such variances for those

10  activities they regulate under this part and s. 373.4145.

11         Section 6.  Subsection (27) is added to section

12  373.4211, Florida Statutes, to read:

13         373.4211  Ratification of chapter 17-340, Florida

14  Administrative Code, on the delineation of the landward extent

15  of wetlands and surface waters.--Pursuant to s. 373.421, the

16  Legislature ratifies chapter 17-340, Florida Administrative

17  Code, approved on January 13, 1994, by the Environmental

18  Regulation Commission, with the following changes:

19         (27)  Pursuant to s. 373.421 and subsection (26), the

20  Legislature ratifies amendments to chapter 62-340, Florida

21  Administrative Code, approved on February 23, 2006, by the

22  Environmental Regulation Commission. Rule 62-340.450(3)

23  Facultative Species is amended by the addition of the

24  following plant species: Ilex glabra and Pinus elliottii.

25  However, this ratification and rule revision does not take

26  effect until state and federal wetland jurisdiction

27  delineation methodologies are aligned.

28         Section 7.  Subsection (19) of section 403.031, Florida

29  Statutes, is amended to read:

30         403.031  Definitions.--In construing this chapter, or

31  rules and regulations adopted pursuant hereto, the following

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 1  words, phrases, or terms, unless the context otherwise

 2  indicates, have the following meanings:

 3         (19)  "Regulated air pollutant" means any pollutant

 4  regulated under the federal Clean Air Act.:

 5         (a)  Nitrogen oxides or any volatile organic compound;

 6         (b)  Any pollutant regulated under 42 U.S.C. s. 7411 or

 7  s. 7412; or

 8         (c)  Any pollutant for which a national primary ambient

 9  air quality standard has been adopted.

10         Section 8.  Subsections (7) and (8) of section 403.067,

11  Florida Statutes, are amended to read:

12         403.067  Establishment and implementation of total

13  maximum daily loads.--

14         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

15  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

16         (a)  Basin management action plans.--

17         1.  In developing and implementing the total maximum

18  daily load for a water body, the department, or the department

19  in conjunction with a water management district, may develop a

20  basin management action plan that addresses some or all of the

21  watersheds and basins tributary to the water body. Such a plan

22  must shall integrate the appropriate management strategies

23  available to the state through existing water quality

24  protection programs to achieve the total maximum daily loads

25  and may provide for phased implementation of these management

26  strategies to promote timely, cost-effective actions as

27  provided for in s. 403.151. The plan must shall establish a

28  schedule for implementing the management strategies, establish

29  a basis for evaluating the plan's effectiveness, and identify

30  feasible funding strategies for implementing the plan's

31  management strategies. The management strategies may include

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 1  regional treatment systems or other public works, where

 2  appropriate, and voluntary trading of water quality credits in

 3  areas that have adopted a basin management action plan to

 4  achieve the needed pollutant load reductions.

 5         2.  A basin management action plan must shall equitably

 6  allocate, pursuant to paragraph (6)(b), pollutant reductions

 7  to individual basins, as a whole to all basins, or to each

 8  identified point source or category of nonpoint sources, as

 9  appropriate. For nonpoint sources for which best management

10  practices have been adopted, the initial requirement specified

11  by the plan must shall be those practices developed pursuant

12  to paragraph (c). In accordance with procedures adopted by

13  rule under paragraph (8)(c), the plan must allow point or

14  nonpoint sources that will achieve greater pollutant

15  reductions than required by an adopted total maximum load or

16  wasteload allocation to generate, register, and trade water

17  quality credits for the excess reductions to enable other

18  sources to achieve their allocation if the generation of water

19  quality credits does not remove the obligation of a source or

20  activity to meet applicable technology requirements or adopted

21  best-management practices. The plan must allow trading between

22  NPDES permittees and trading that may or may not involve NPDES

23  permittees, where the generation or use of the credits involve

24  an entity or activity not subject to department water

25  discharge permits whose owner voluntarily elects to become

26  subject to the requirements of this section. Where

27  appropriate, the plan may take into account the benefits of

28  provide pollutant load reduction achieved by point or nonpoint

29  sources credits to dischargers that have implemented

30  management strategies to reduce pollutant loads, including

31  best management practices, prior to the development of the

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 1  basin management action plan. The plan must shall also

 2  identify the mechanisms that will address by which potential

 3  future increases in pollutant loading will be addressed.

 4         3.  The basin management action planning process is

 5  intended to involve the broadest possible range of interested

 6  parties, with the objective of encouraging the greatest amount

 7  of cooperation and consensus possible. In developing a basin

 8  management action plan, the department shall assure that key

 9  stakeholders, including, but not limited to, applicable local

10  governments, water management districts, the Department of

11  Agriculture and Consumer Services, other appropriate state

12  agencies, local soil and water conservation districts,

13  environmental groups, regulated interests, and affected

14  pollution sources, are invited to participate in the process.

15  The department shall hold at least one public meeting in the

16  vicinity of the watershed or basin to discuss and receive

17  comments during the planning process and shall otherwise

18  encourage public participation to the greatest practicable

19  extent. Notice of the public meeting must shall be published

20  in a newspaper of general circulation in each county in which

21  the watershed or basin lies not less than 5 days nor more than

22  15 days before the public meeting. A basin management action

23  plan may shall not supplant or otherwise alter any assessment

24  made under subsection (3) or subsection (4) or any calculation

25  or initial allocation.

26         4.  The department shall adopt all or any part of a

27  basin management action plan and any amendment to such plan by

28  secretarial order pursuant to chapter 120 to implement the

29  provisions of this section.

30         5.  The basin management action plan must shall include

31  milestones for implementation and water quality improvement,

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 1  and an associated water quality monitoring component

 2  sufficient to evaluate whether reasonable progress in

 3  pollutant load reductions is being achieved over time. An

 4  assessment of progress toward these milestones must shall be

 5  conducted every 5 years, and revisions to the plan must shall

 6  be made as appropriate. Revisions to the basin management

 7  action plan shall be made by the department in cooperation

 8  with basin stakeholders. Revisions to the management

 9  strategies required for nonpoint sources must shall follow the

10  procedures set forth in subparagraph (c)4. Revised basin

11  management action plans must shall be adopted pursuant to

12  subparagraph 4.

13         6.  The provisions of the department's rule relating to

14  the equitable abatement of pollutants into surface waters may

15  not be applied to water bodies or water body segments for

16  which a basin management plan that takes into account future

17  new or expanded activities or discharges has been adopted

18  pursuant to this section.

19         (b)  Total maximum daily load implementation.--

20         1.  The department shall be the lead agency in

21  coordinating the implementation of the total maximum daily

22  loads through existing water quality protection programs.

23  Application of a total maximum daily load by a water

24  management district must shall be consistent with this section

25  and may shall not require the issuance of an order or a

26  separate action pursuant to s. 120.536(1) or s. 120.54 for the

27  adoption of the calculation and allocation previously

28  established by the department. Such programs may include, but

29  are not limited to:

30         a.  Permitting and other existing regulatory programs,

31  including water-quality-based effluent limitations;

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 1         b.  Nonregulatory and incentive-based programs,

 2  including best management practices, cost sharing, waste

 3  minimization, pollution prevention, agreements established

 4  pursuant to s. 403.061(21), and public education;

 5         c.  Other water quality management and restoration

 6  activities, for example surface water improvement and

 7  management plans approved by water management districts or

 8  basin management action plans developed pursuant to this

 9  subsection;

10         d.  Trading of water quality credits Pollutant trading

11  or other equitable economically based agreements;

12         e.  Public works including capital facilities; or

13         f.  Land acquisition.

14         2.  For a basin management action plan adopted pursuant

15  to paragraph (a) subparagraph (a)4., any management strategies

16  and pollutant reduction requirements associated with a

17  pollutant of concern for which a total maximum daily load has

18  been developed, including effluent limits set forth for a

19  discharger subject to NPDES permitting, if any, must shall be

20  included in a timely manner in subsequent NPDES permits or

21  permit modifications for that discharger. The department may

22  shall not impose limits or conditions implementing an adopted

23  total maximum daily load in an NPDES permit until the permit

24  expires, the discharge is modified, or the permit is reopened

25  pursuant to an adopted basin management action plan.

26         a.  Absent a detailed allocation, total maximum daily

27  loads must shall be implemented through NPDES permit

28  conditions that provide for afford a compliance schedule. In

29  such instances, a facility's NPDES permit must shall allow

30  time for the issuance of an order adopting the basin

31  management action plan. The time allowed for the issuance of

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 1  an order adopting the plan must shall not exceed 5 years. Upon

 2  issuance of an order adopting the plan, the permit must shall

 3  be reopened, as necessary, and permit conditions consistent

 4  with the plan must shall be established.  Notwithstanding the

 5  other provisions of this subparagraph, upon request by a NPDES

 6  permittee, the department as part of a permit issuance,

 7  renewal, or modification may establish individual allocations

 8  prior to the adoption of a basin management action plan.

 9         b.  For holders of NPDES municipal separate storm sewer

10  system permits and other stormwater sources, implementation of

11  a total maximum daily load or basin management action plan

12  must shall be achieved, to the maximum extent practicable,

13  through the use of best management practices or other

14  management measures.

15         c.  The basin management action plan does not relieve

16  the discharger from any requirement to obtain, renew, or

17  modify an NPDES permit or to abide by other requirements of

18  the permit.

19         d.  Management strategies set forth in a basin

20  management action plan to be implemented by a discharger

21  subject to permitting by the department must shall be

22  completed pursuant to the schedule set forth in the basin

23  management action plan. This implementation schedule may

24  extend beyond the 5-year term of an NPDES permit.

25         e.  Management strategies and pollution reduction

26  requirements set forth in a basin management action plan for a

27  specific pollutant of concern may shall not be subject to

28  challenge under chapter 120 at the time they are incorporated,

29  in an identical form, into a subsequent NPDES permit or permit

30  modification.

31  

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 1         f.  For nonagricultural pollutant sources not subject

 2  to NPDES permitting but permitted pursuant to other state,

 3  regional, or local water quality programs, the pollutant

 4  reduction actions adopted in a basin management action plan

 5  must shall be implemented to the maximum extent practicable as

 6  part of those permitting programs.

 7         g.  A nonpoint source discharger included in a basin

 8  management action plan must shall demonstrate compliance with

 9  the pollutant reductions established under pursuant to

10  subsection (6) by either implementing the appropriate best

11  management practices established pursuant to paragraph (c) or

12  conducting water quality monitoring prescribed by the

13  department or a water management district.

14         h.  A nonpoint source discharger included in a basin

15  management action plan may be subject to enforcement action by

16  the department or a water management district based upon a

17  failure to implement the responsibilities set forth in

18  sub-subparagraph g.

19         i.  A landowner, discharger, or other responsible

20  person who is implementing applicable management strategies

21  specified in an adopted basin management action plan may shall

22  not be required by permit, enforcement action, or otherwise to

23  implement additional management strategies to reduce pollutant

24  loads to attain the pollutant reductions established pursuant

25  to subsection (6) and must shall be deemed to be in compliance

26  with this section. This subparagraph does not limit the

27  authority of the department to amend a basin management action

28  plan as specified in subparagraph (a)5.

29         (c)  Best management practices.--

30         1.  The department, in cooperation with the water

31  management districts and other interested parties, as

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 1  appropriate, may develop suitable interim measures, best

 2  management practices, or other measures necessary to achieve

 3  the level of pollution reduction established by the department

 4  for nonagricultural nonpoint pollutant sources in allocations

 5  developed pursuant to subsection (6) and this subsection.

 6  These practices and measures may be adopted by rule by the

 7  department and the water management districts pursuant to ss.

 8  120.536(1) and 120.54, and, where adopted by rule, shall be

 9  implemented by those parties responsible for nonagricultural

10  nonpoint source pollution.

11         2.  The Department of Agriculture and Consumer Services

12  may develop and adopt by rule pursuant to ss. 120.536(1) and

13  120.54 suitable interim measures, best management practices,

14  or other measures necessary to achieve the level of pollution

15  reduction established by the department for agricultural

16  pollutant sources in allocations developed pursuant to

17  subsection (6) and this subsection or for programs implemented

18  pursuant to paragraph (11)(b). These practices and measures

19  may be implemented by those parties responsible for

20  agricultural pollutant sources and the department, the water

21  management districts, and the Department of Agriculture and

22  Consumer Services must shall assist with implementation. In

23  the process of developing and adopting rules for interim

24  measures, best management practices, or other measures, the

25  Department of Agriculture and Consumer Services shall consult

26  with the department, the Department of Health, the water

27  management districts, representatives from affected farming

28  groups, and environmental group representatives. Such rules

29  must shall also incorporate provisions for a notice of intent

30  to implement the practices and a system to assure the

31  

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 1  implementation of the practices, including recordkeeping

 2  requirements.

 3         3.  Where interim measures, best management practices,

 4  or other measures are adopted by rule, the effectiveness of

 5  such practices in achieving the levels of pollution reduction

 6  established in allocations developed by the department

 7  pursuant to subsection (6) and this subsection or in programs

 8  implemented pursuant to paragraph (11)(b) must shall be

 9  verified at representative sites by the department. The

10  department must shall use best professional judgment in making

11  the initial verification that the best management practices

12  are reasonably expected to be effective and, where applicable,

13  must shall notify the appropriate water management district or

14  the Department of Agriculture and Consumer Services of its

15  initial verification prior to the adoption of a rule proposed

16  pursuant to this paragraph. Implementation, in accordance with

17  rules adopted under this paragraph, of practices that have

18  been initially verified to be effective, or verified to be

19  effective by monitoring at representative sites, by the

20  department, shall provide a presumption of compliance with

21  state water quality standards and release from the provisions

22  of s. 376.307(5) for those pollutants addressed by the

23  practices, and the department is not authorized to institute

24  proceedings against the owner of the source of pollution to

25  recover costs or damages associated with the contamination of

26  surface water or groundwater caused by those pollutants.

27  Research projects funded by the department, a water management

28  district, or the Department of Agriculture and Consumer

29  Services to develop or demonstrate interim measures or best

30  management practices shall be granted a presumption of

31  compliance with state water quality standards and a release

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 1  from the provisions of s. 376.307(5). The presumption of

 2  compliance and release is shall be limited to the research

 3  site and only for those pollutants addressed by the interim

 4  measures or best management practices. Eligibility for the

 5  presumption of compliance and release is shall be limited to

 6  research projects on sites where the owner or operator of the

 7  research site and the department, a water management district,

 8  or the Department of Agriculture and Consumer Services have

 9  entered into a contract or other agreement that, at a minimum,

10  specifies the research objectives, the cost-share

11  responsibilities of the parties, and a schedule that details

12  the beginning and ending dates of the project.

13         4.  Where water quality problems are demonstrated,

14  despite the appropriate implementation, operation, and

15  maintenance of best management practices and other measures

16  required by according to rules adopted under this paragraph,

17  the department, a water management district, or the Department

18  of Agriculture and Consumer Services, in consultation with the

19  department, shall institute a reevaluation of the best

20  management practice or other measure. Should the reevaluation

21  determine that the best management practice or other measure

22  requires modification, the department, a water management

23  district, or the Department of Agriculture and Consumer

24  Services, as appropriate, shall revise the rule to require

25  implementation of the modified practice within a reasonable

26  time period as specified in the rule.

27         5.  Agricultural records relating to processes or

28  methods of production, costs of production, profits, or other

29  financial information held by the Department of Agriculture

30  and Consumer Services pursuant to subparagraphs 3. and 4. or

31  pursuant to any rule adopted pursuant to subparagraph 2. are

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 1  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 2  of the State Constitution. Upon request, records made

 3  confidential and exempt pursuant to this subparagraph shall be

 4  released to the department or any water management district if

 5  provided that the confidentiality specified by this

 6  subparagraph for such records is maintained.

 7         6.  The provisions of subparagraphs 1. and 2. do shall

 8  not preclude the department or water management district from

 9  requiring compliance with water quality standards or with

10  current best management practice requirements set forth in any

11  applicable regulatory program authorized by law to protect for

12  the purpose of protecting water quality. Additionally,

13  subparagraphs 1. and 2. are applicable only to the extent that

14  they do not conflict with any rules adopted by the department

15  which that are necessary to maintain a federally delegated or

16  approved program.

17         (8)  RULES.--The department is authorized to adopt

18  rules pursuant to ss. 120.536(1) and  120.54 for:

19         (a)  Delisting water bodies or water body segments from

20  the list developed under subsection (4) pursuant to the

21  guidance under subsection (5).;

22         (b)  Administering Administration of funds to implement

23  the total maximum daily load and basin management action

24  planning programs.;

25         (c)  Water quality credit Procedures for pollutant

26  trading among the pollutant sources to a water body or water

27  body segment. By July 1, 2007, rulemaking shall be initiated

28  which provides for the following:, including a mechanism for

29  the issuance and tracking of pollutant credits. Such

30  procedures may be implemented through permits or other

31  authorizations and must be legally binding. Prior to adopting

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 1  rules for pollutant trading under this paragraph, and no later

 2  than November 30, 2006, the Department of Environmental

 3  Protection shall submit a report to the Governor, the

 4  President of the Senate, and the Speaker of the House of

 5  Representatives containing recommendations on such rules,

 6  including the proposed basis for equitable economically based

 7  agreements and the tracking and accounting of pollution

 8  credits or other similar mechanisms. Such recommendations

 9  shall be developed in cooperation with a technical advisory

10  committee that includes experts in pollutant trading and

11  representatives of potentially affected parties;

12         1.  The process to be used to determine how credits are

13  generated, quantified, and validated;

14         2.  A publicly accessible water quality credit trading

15  registry that tracks water quality credits and trades and

16  lists the prices paid for such credits and that does not allow

17  the department to participate in the establishment of such

18  prices;

19         3.  Limitations on the availability and use of water

20  quality credits, including a list of eligible pollutants or

21  parameters and minimum water quality requirements and, where

22  appropriate, adjustments to reflect best-management practice

23  performance uncertainties and water-segment-specific location

24  factors;

25         4.  The timing and duration of credits and allowance

26  for credit transferability; and

27         5.  Mechanisms for determining and ensuring compliance

28  with trading procedures, including recordkeeping, monitoring,

29  reporting, and inspections. Generators of traded credits are

30  responsible for achieving the load reductions upon which the

31  credits are based.

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 1         (d)  The total maximum daily load calculation in

 2  accordance with paragraph (6)(a) immediately upon the

 3  effective date of this act, for those eight water segments

 4  within Lake Okeechobee proper as submitted to the United

 5  States Environmental Protection Agency pursuant to subsection

 6  (2).; and

 7         (e)  Implementation of other specific provisions.

 8         Section 9.  Subsection (1) of 403.0872, Florida

 9  Statutes, is amended to read:

10         403.0872  Operation permits for major sources of air

11  pollution; annual operation license fee.--Provided that

12  program approval pursuant to 42 U.S.C. s. 7661a has been

13  received from the United States Environmental Protection

14  Agency, beginning January 2, 1995, each major source of air

15  pollution, including electrical power plants certified under

16  s. 403.511, must obtain from the department an operation

17  permit for a major source of air pollution under this section.

18  This operation permit is the only department operation permit

19  for a major source of air pollution required for such source;

20  however provided, at the applicant's request, the department

21  shall issue a separate acid rain permit for a major source of

22  air pollution that is an affected source within the meaning of

23  42 U.S.C. s. 7651a(1). Operation permits for major sources of

24  air pollution, except general permits issued pursuant to s.

25  403.814, must be issued in accordance with the procedures

26  contained in this section and in accordance with chapter 120;

27  however, to the extent that chapter 120 is inconsistent with

28  the provisions of this section, the procedures contained in

29  this section prevail.

30         (1)  For purposes of this section, a major source of

31  air pollution means a stationary source of air pollution, or

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 1  any group of stationary sources within a contiguous area and

 2  under common control, which emits any regulated air pollutant

 3  and which is any of the following:

 4         (a)  A major source within the meaning of 42 U.S.C. s.

 5  7412(a)(1);

 6         (b)  A major stationary source or major emitting

 7  facility within the meaning of 42 U.S.C. s. 7602(j) or 42

 8  U.S.C. subchapter I, part C or part D;

 9         (c)  An affected source within the meaning of 42 U.S.C.

10  s. 7651a(1);

11         (d)  An air pollution source subject to standards or

12  regulations under 42 U.S.C. s. 7411 or s. 7412; provided that

13  a source is not a major source solely because of its

14  regulation under 42 U.S.C. s. 7412(r); or

15         (e)  A stationary air pollution source belonging to a

16  category designated as a 40 C.F.R. part 70 source by

17  regulations adopted by the administrator of the United States

18  Environmental Protection Agency under 42 U.S.C. ss. 7661 et

19  seq.

20  

21  The department shall exempt those facilities that are subject

22  to this section solely because they are subject to

23  requirements under 42 U.S.C. s. 7411 or s. 7412 s. 7411 or

24  solely because they are subject to reporting requirements

25  under 42 U.S.C. s. 7412 for as long as the exemption is

26  available under federal law.

27         Section 10.  Paragraphs (e) and (f) of subsection (2)

28  of section 403.088, Florida Statutes, are amended to read:

29         403.088  Water pollution operation permits;

30  conditions.--

31         (2)

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 1         (e)  However, if the discharge will not meet permit

 2  conditions or applicable statutes and rules, the department

 3  may issue, renew, revise, or reissue the operation permit if:

 4         1.  The applicant is constructing, installing, or

 5  placing into operation, or has submitted plans and a

 6  reasonable schedule for constructing, installing, or placing

 7  into operation, an approved pollution abatement facility or

 8  alternative waste disposal system;

 9         2.  The applicant needs permission to pollute the

10  waters within the state for a period of time necessary to

11  complete research, planning, construction, installation, or

12  operation of an approved and acceptable pollution abatement

13  facility or alternative waste disposal system;

14         3.  There is no present, reasonable, alternative means

15  of disposing of the waste other than by discharging it into

16  the waters of the state;

17         4.  The granting of an operation permit will be in the

18  public interest; or

19         5.  The discharge will not be unreasonably destructive

20  to the quality of the receiving waters; or.

21         6.  A water quality credit trade that meets the

22  requirements of a total maximum daily load allocation has been

23  approved in a final order issued under s. 403.067(7)(a)1.4.

24         (f)  A permit issued, renewed, revised, or reissued

25  pursuant to paragraph (e) shall be accompanied by an order

26  establishing a schedule for achieving compliance with all

27  permit conditions.  Such permit may require compliance with

28  the accompanying order.

29         Section 11.  Subsection (3) of section 403.50663,

30  Florida Statutes, is amended to read:

31         403.50663  Informational public meetings.--

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 1         (3)  A local government or regional planning council

 2  that intends to conduct an informational public meeting must

 3  provide notice of the meeting to all parties not less than 15

 4  5 days prior to the meeting, and to the general public, in

 5  accordance with the provisions of s. 403.5115(5).

 6         Section 12.  Subsection (2) of section 403.50665,

 7  Florida Statutes, is amended to read:

 8         403.50665  Land use consistency.--

 9         (2)  Within 45 days after the filing of the

10  application, each local government shall file a determination

11  with the department, the applicant, the administrative law

12  judge, and all parties on the consistency of the site or any

13  directly associated facilities with existing land use plans

14  and zoning ordinances that were in effect on the date the

15  application was filed, based on the information provided in

16  the application. The local government may issue its

17  determination up to 35 days later if the local government has

18  requested additional information on land use and zoning

19  consistency as part of the local government's statement on

20  completeness of the application submitted pursuant to s.

21  403.5066(1)(a). Incompleteness of information necessary for a

22  local government to evaluate an application may be claimed by

23  the local government as cause for a statement of inconsistency

24  with existing land use plans and zoning ordinances. Notice of

25  the consistency determination shall be published in accordance

26  with the requirements of s. 403.5115.

27         Section 13.  Section 403.508, Florida Statutes, is

28  amended to read:

29         403.508  Land use and certification hearings, parties,

30  participants.--

31  

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 1         (1)(a)  Within 5 days after the filing of If a petition

 2  for a hearing on land use has been filed pursuant to s.

 3  403.50665, the designated administrative law judge shall

 4  schedule conduct a land use hearing to be conducted in the

 5  county of the proposed site or directly associated facility,

 6  as applicable, as expeditiously as possible, but not later

 7  than 30 days after the department's receipt of the petition.

 8  The place of such hearing shall be as close as possible to the

 9  proposed site or directly associated facility. If a petition

10  is filed, the hearing shall be held regardless of the status

11  of the completeness of the application. However,

12  incompleteness of information necessary for a local government

13  to evaluate an application may be claimed by the local

14  government as cause for a statement of inconsistency with

15  existing land use plans and zoning ordinances under s.

16  403.50665.

17         (b)  Notice of the land use hearing shall be published

18  in accordance with the requirements of s. 403.5115.

19         (c)  The sole issue for determination at the land use

20  hearing shall be whether or not the proposed site is

21  consistent and in compliance with existing land use plans and

22  zoning ordinances. If the administrative law judge concludes

23  that the proposed site is not consistent or in compliance with

24  existing land use plans and zoning ordinances, the

25  administrative law judge shall receive at the hearing evidence

26  on, and address in the recommended order any changes to or

27  approvals or variances under, the applicable land use plans or

28  zoning ordinances which will render the proposed site

29  consistent and in compliance with the local land use plans and

30  zoning ordinances.

31  

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 1         (d)  The designated administrative law judge's

 2  recommended order shall be issued within 30 days after

 3  completion of the hearing and shall be reviewed by the board

 4  within 60 days after receipt of the recommended order by the

 5  board.

 6         (e)  If it is determined by the board that the proposed

 7  site does conform with existing land use plans and zoning

 8  ordinances in effect as of the date of the application, or as

 9  otherwise provided by this act, the responsible zoning or

10  planning authority shall not thereafter change such land use

11  plans or zoning ordinances so as to foreclose construction and

12  operation of the proposed electrical power plant on the

13  proposed site or directly associated facilities unless

14  certification is subsequently denied or withdrawn.

15         (f)  If it is determined by the board that the proposed

16  site does not conform with existing land use plans and zoning

17  ordinances, the board may, if it determines after notice and

18  hearing and upon consideration of the recommended order on

19  land use and zoning issues that it is in the public interest

20  to authorize the use of the land as a site for an electrical

21  power plant, authorize a variance or other necessary approval

22  to the adopted land use plan and zoning ordinances required to

23  render the proposed site consistent with local land use plans

24  and zoning ordinances. The board's action shall not be

25  controlled by any other procedural requirements of law. In the

26  event a variance or other approval is denied by the board, it

27  shall be the responsibility of the applicant to make the

28  necessary application for any approvals determined by the

29  board as required to make the proposed site consistent and in

30  compliance with local land use plans and zoning ordinances. No

31  further action may be taken on the complete application until

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 1  the proposed site conforms to the adopted land use plan or

 2  zoning ordinances or the board grants relief as provided under

 3  this act.

 4         (2)(a)  A certification hearing shall be held by the

 5  designated administrative law judge no later than 265 days

 6  after the application is filed with the department. The

 7  certification hearing shall be held at a location in proximity

 8  to the proposed site. At the conclusion of the certification

 9  hearing, the designated administrative law judge shall, after

10  consideration of all evidence of record, submit to the board a

11  recommended order no later than 45 days after the filing of

12  the hearing transcript.

13         (b)  Notice of the certification hearing and notice of

14  the deadline for filing of notice of intent to be a party

15  shall be made in accordance with the requirements of s.

16  403.5115.

17         (3)(a)  Parties to the proceeding shall include:

18         1.  The applicant.

19         2.  The Public Service Commission.

20         3.  The Department of Community Affairs.

21         4.  The Fish and Wildlife Conservation Commission.

22         5.  The water management district.

23         6.  The department.

24         7.  The regional planning council.

25         8.  The local government.

26         9.  The Department of Transportation.

27         (b)  Any party listed in paragraph (a) other than the

28  department or the applicant may waive its right to participate

29  in these proceedings. If such listed party fails to file a

30  notice of its intent to be a party on or before the 90th day

31  

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 1  prior to the certification hearing, such party shall be deemed

 2  to have waived its right to be a party.

 3         (c)  Notwithstanding the provisions of chapter 120,

 4  upon the filing with the administrative law judge of a notice

 5  of intent to be a party no later than 75 days after the

 6  application is filed, the following shall also be parties to

 7  the proceeding:

 8         1.  Any agency not listed in paragraph (a) as to

 9  matters within its jurisdiction.

10         2.  Any domestic nonprofit corporation or association

11  formed, in whole or in part, to promote conservation or

12  natural beauty; to protect the environment, personal health,

13  or other biological values; to preserve historical sites; to

14  promote consumer interests; to represent labor, commercial, or

15  industrial groups; or to promote comprehensive planning or

16  orderly development of the area in which the proposed

17  electrical power plant is to be located.

18         (d)  Notwithstanding paragraph (e), failure of an

19  agency described in subparagraph (c)1. to file a notice of

20  intent to be a party within the time provided herein shall

21  constitute a waiver of the right of that agency to participate

22  as a party in the proceeding.

23         (e)  Other parties may include any person, including

24  those persons enumerated in paragraph (c) who have failed to

25  timely file a notice of intent to be a party, whose

26  substantial interests are affected and being determined by the

27  proceeding and who timely file a motion to intervene pursuant

28  to chapter 120 and applicable rules. Intervention pursuant to

29  this paragraph may be granted at the discretion of the

30  designated administrative law judge and upon such conditions

31  

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 1  as he or she may prescribe any time prior to 30 days before

 2  the commencement of the certification hearing.

 3         (f)  Any agency, including those whose properties or

 4  works are being affected pursuant to s. 403.509(4), shall be

 5  made a party upon the request of the department or the

 6  applicant.

 7         (4)(a)  The order of presentation at the certification

 8  hearing, unless otherwise changed by the administrative law

 9  judge to ensure the orderly presentation of witnesses and

10  evidence, shall be:

11         1.  The applicant.

12         2.  The department.

13         3.  State agencies.

14         4.  Regional agencies, including regional planning

15  councils and water management districts.

16         5.  Local governments.

17         6.  Other parties.

18         (b)  When appropriate, any person may be given an

19  opportunity to present oral or written communications to the

20  designated administrative law judge. If the designated

21  administrative law judge proposes to consider such

22  communications, then all parties shall be given an opportunity

23  to cross-examine or challenge or rebut such communications.

24         (5)  At the conclusion of the certification hearing,

25  the designated administrative law judge shall, after

26  consideration of all evidence of record, submit to the board a

27  recommended order no later than 45 days after the filing of

28  the hearing transcript.

29         (6)(a)  No earlier than 29 days prior to the conduct of

30  the certification hearing, the department or the applicant may

31  request that the administrative law judge cancel the

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 1  certification hearing and relinquish jurisdiction to the

 2  department if all parties to the proceeding stipulate that

 3  there are no disputed issues of fact or law to be raised at

 4  the certification hearing, and if sufficient time remains for

 5  the applicant and the department to publish public notices of

 6  the cancellation of the hearing at least 3 days prior to the

 7  scheduled date of the hearing.

 8         (b)  The administrative law judge shall issue an order

 9  granting or denying the request within 5 days after receipt of

10  the request.

11         (c)  If the administrative law judge grants the

12  request, the department and the applicant shall publish

13  notices of the cancellation of the certification hearing, in

14  accordance with s. 403.5115.

15         (d)1.  If the administrative law judge grants the

16  request, the department shall prepare and issue a final order

17  in accordance with s. 403.509(1)(a).

18         2.  Parties may submit proposed recommended orders to

19  the department no later than 10 days after the administrative

20  law judge issues an order relinquishing jurisdiction.

21         (7)  The applicant shall pay those expenses and costs

22  associated with the conduct of the hearings and the recording

23  and transcription of the proceedings.

24         (8)  In issuing permits under the federally approved

25  new source review or prevention of significant deterioration

26  permit program, the department shall observe the procedures

27  specified under the federally approved state implementation

28  plan, including public notice, public comment, public hearing,

29  and notice of applications and amendments to federal, state,

30  and local agencies, to assure that all such permits issued in

31  coordination with the certification of a power plant under

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 1  this act are federally enforceable and are issued after

 2  opportunity for informed public participation regarding the

 3  terms and conditions thereof. When possible, any hearing on a

 4  federally approved or delegated program permit such as new

 5  source review, prevention of significant deterioration permit,

 6  or NPDES permit shall be conducted in conjunction with the

 7  certification hearing held under this act. It is the intent of

 8  the Legislature that the review, processing, and issuance of

 9  such federally delegated or approved permits be closely

10  coordinated with the certification process established under

11  this part. In the event of a conflict between the

12  certification process and federally required procedures, the

13  applicable federal requirements shall control.

14         Section 14.  Subsection (5) of section 403.509, Florida

15  Statutes, is amended to read:

16         403.509  Final disposition of application.--

17         (5)  For certifications that are issued by the board,

18  in regard to the properties and works of any agency that which

19  is a party to the certification hearing, the board shall have

20  the authority to decide issues relating to the use, the

21  connection thereto, or the crossing thereof, for the

22  electrical power plant and directly associated facilities and

23  to direct any such agency to execute, within 30 days after the

24  entry of certification, the necessary license or easement for

25  such use, connection, or crossing, subject only to the

26  conditions set forth in such certification. For certifications

27  that are issued by the department, in regard to the properties

28  and works of any agency that is a party to the proceeding, any

29  stipulation filed pursuant to s. 403.508(6)(a) must include a

30  stipulation regarding any issues relating to the use, the

31  connection thereto, or the crossing thereof, for the

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 1  electrical power plant and directly associated facilities. Any

 2  agency stipulating to the use, connection to, or crossing of

 3  its property must agree to execute, within 30 days after the

 4  entry of certification, the necessary license or easement for

 5  such use, connection, or crossing, subject only to the

 6  conditions set forth in such certification.

 7         Section 15.  Section 403.5113, Florida Statutes, is

 8  amended to read:

 9         403.5113  Postcertification amendments and review.--

10         (1)  POSTCERTIFICATION AMENDMENTS.--

11         (a)  If, subsequent to certification by the board, a

12  licensee proposes any material change to the application and

13  revisions or amendments thereto, as certified, the licensee

14  shall submit a written request for amendment and a description

15  of the proposed change to the application to the department.

16  Within 30 days after the receipt of the request for the

17  amendment, the department shall determine whether the proposed

18  change to the application requires a modification of the

19  conditions of certification.

20         (b)(2)  If the department concludes that the change

21  would not require a modification of the conditions of

22  certification, the department shall provide written

23  notification of the determination on approval of the proposed

24  amendment to the licensee, all agencies, and all other

25  parties.

26         (c)(3)  If the department concludes that the change

27  would require a modification of the conditions of

28  certification, the department shall provide written

29  notification to the licensee that the proposed change to the

30  application requires a request for modification pursuant to s.

31  403.516.

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 1         (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification

 2  submittals filed by the licensee with one or more agencies are

 3  for the purpose of monitoring for compliance with the issued

 4  certification and must be reviewed by the agencies on an

 5  expedited and priority basis because each facility certified

 6  under this act is a critical infrastructure facility. In no

 7  event shall a postcertification review be completed in more

 8  than 90 days after complete information is submitted to the

 9  reviewing agencies.

10         Section 16.  Section 403.5115, Florida Statutes, is

11  amended to read:

12         403.5115  Public notice.--

13         (1)  The following notices are to be published by the

14  applicant:

15         (a)  Notice of the filing of a notice of intent under

16  s. 403.5063, which shall be published within 21 days after the

17  filing of the notice. The notice shall be published as

18  specified by subsection (2), except that the newspaper notice

19  shall be one-fourth page in size in a standard size newspaper

20  or one-half page in size in a tabloid size newspaper.

21         (b)  Notice of filing of the application, which shall

22  include a description of the proceedings required by this act,

23  within 21 days after the date of the application filing. Such

24  notice shall give notice of the provisions of s. 403.511(1)

25  and (2).

26         (c)  Notice of the land use determination made pursuant

27  to s. 403.50665(1) within 21 days after the determination is

28  filed.

29         (d)  Notice of the land use hearing, which shall be

30  published as specified in subsection (2), no later than 15

31  days before the hearing.

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 1         (e)  Notice of the certification hearing and notice of

 2  the deadline for filing notice of intent to be a party, which

 3  shall be published as specified in subsection (2), at least 65

 4  days before the date set for the certification hearing.

 5         (f)  Notice of the cancellation of the certification

 6  hearing, if applicable, no later than 3 days before the date

 7  of the originally scheduled certification hearing.

 8         (g)  Notice of modification when required by the

 9  department, based on whether the requested modification of

10  certification will significantly increase impacts to the

11  environment or the public. Such notice shall be published as

12  specified under subsection (2):

13         1.  Within 21 days after receipt of a request for

14  modification. The newspaper notice shall be of a size as

15  directed by the department commensurate with the scope of the

16  modification.

17         2.  If a hearing is to be conducted in response to the

18  request for modification, then notice shall be published no

19  later than 30 days before the hearing.

20         (h)  Notice of a supplemental application, which shall

21  be published as specified in paragraph (b) and subsection (2).

22         (i)  Notice of existing site certification pursuant to

23  s. 403.5175. Notices shall be published as specified in

24  paragraph (b) and subsection (2).

25         (2)  Notices provided by the applicant shall be

26  published in newspapers of general circulation within the

27  county or counties in which the proposed electrical power

28  plant will be located. The newspaper notices shall be at least

29  one-half page in size in a standard size newspaper or a full

30  page in a tabloid size newspaper. These notices shall include

31  a map generally depicting the project and all associated

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 1  facilities corridors. A newspaper of general circulation shall

 2  be the newspaper which has the largest daily circulation in

 3  that county and has its principal office in that county. If

 4  the newspaper with the largest daily circulation has its

 5  principal office outside the county, the notices shall appear

 6  in both the newspaper having the largest circulation in that

 7  county and in a newspaper authorized to publish legal notices

 8  in that county.

 9         (3)  All notices published by the applicant shall be

10  paid for by the applicant and shall be in addition to the

11  application fee.

12         (4)  The department shall arrange for publication of

13  the following notices in the manner specified by chapter 120

14  and provide copies of those notices to any persons who have

15  requested to be placed on the departmental mailing list for

16  this purpose for each case for which an application has been

17  received by the department:

18         (a)  Notice of the filing of the notice of intent

19  within 15 days after receipt of the notice.

20         (b)  Notice of the filing of the application, no later

21  than 21 days after the application filing.

22         (c)  Notice of the land use determination made pursuant

23  to s. 403.50665(1) within 21 days after the determination is

24  filed.

25         (d)  Notice of the land use hearing before the

26  administrative law judge, if applicable, no later than 10 15

27  days before the hearing.

28         (e)  Notice of the land use hearing before the board,

29  if applicable.

30         (f)  Notice of the certification hearing at least 45

31  days before the date set for the certification hearing.

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 1         (g)  Notice of the cancellation of the certification

 2  hearing, if applicable, no later than 3 days prior to the date

 3  of the originally scheduled certification hearing.

 4         (h)  Notice of the hearing before the board, if

 5  applicable.

 6         (i)  Notice of stipulations, proposed agency action, or

 7  petitions for modification.

 8         (5)  A local government or regional planning council

 9  that proposes to conduct an informational public meeting

10  pursuant to s. 403.50663 must publish notice of the meeting in

11  a newspaper of general circulation within the county or

12  counties in which the proposed electrical power plant will be

13  located no later than 7 days prior to the meeting. A newspaper

14  of general circulation is the newspaper that has the largest

15  daily circulation in that county and has its principal office

16  in that county. If the newspaper having the largest daily

17  circulation has its principal office outside the county, the

18  notices much appear in both the newspaper having the largest

19  circulation in that county and in a newspaper authorized to

20  publish legal notices in that county.

21         Section 17.  Subsection (1) of section 403.5252,

22  Florida Statutes, is amended to read:

23         403.5252  Determination of completeness.--

24         (1)(a)  Within 30 days after the filing distribution of

25  an application, the affected agencies shall file a statement

26  with the department containing the recommendations of each

27  agency concerning the completeness of the application for

28  certification.

29         (b)  Within 37 7 days after the filing receipt of the

30  application completeness statements of each agency, the

31  department shall file a statement with the Division of

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 1  Administrative Hearings, with the applicant, and with all

 2  parties declaring its position with regard to the completeness

 3  of the application. The statement of the department shall be

 4  based upon its consultation with the affected agencies.

 5         Section 18.  Subsection (6) of section 403.527, Florida

 6  Statutes, is amended to read:

 7         403.527  Certification hearing, parties,

 8  participants.--

 9         (6)(a)  No later than 29 25 days before the

10  certification hearing, the department or the applicant may

11  request that the administrative law judge cancel the

12  certification hearing and relinquish jurisdiction to the

13  department if all parties to the proceeding stipulate that

14  there are no disputed issues of material fact or law to be

15  raised at the certification hearing.

16         (b)  The administrative law judge shall issue an order

17  granting or denying the request within 5 days.

18         (c)  If the administrative law judge grants the

19  request, the department and the applicant shall publish

20  notices of the cancellation of the certification hearing in

21  accordance with s. 403.5363.

22         (d)1.  If the administrative law judge grants the

23  request, the department shall prepare and issue a final order

24  in accordance with s. 403.529(1)(a).

25         2.  Parties may submit proposed final orders to the

26  department no later than 10 days after the administrative law

27  judge issues an order relinquishing jurisdiction.

28         Section 19.  Subsection (1) of section 403.5271,

29  Florida Statutes, is amended to read:

30         403.5271  Alternate corridors.--

31  

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 1         (1)  No later than 45 days before the originally

 2  scheduled certification hearing, any party may propose

 3  alternate transmission line corridor routes for consideration

 4  under the provisions of this act.

 5         (a)  A notice of a proposed alternate corridor must be

 6  filed with the administrative law judge, all parties, and any

 7  local governments in whose jurisdiction the alternate corridor

 8  is proposed. The filing must include the most recent United

 9  States Geological Survey 1:24,000 quadrangle maps specifically

10  delineating the corridor boundaries, a description of the

11  proposed corridor, and a statement of the reasons the proposed

12  alternate corridor should be certified.

13         (b)1.  Within 7 days after receipt of the notice, the

14  applicant and the department shall file with the

15  administrative law judge and all parties a notice of

16  acceptance or rejection of a proposed alternate corridor for

17  consideration. If the alternate corridor is rejected by the

18  applicant or the department, the certification hearing and the

19  public hearings shall be held as scheduled. If both the

20  applicant and the department accept a proposed alternate

21  corridor for consideration, the certification hearing and the

22  public hearings shall be rescheduled, if necessary.

23         2.  If rescheduled, the certification hearing shall be

24  held no more than 90 days after the previously scheduled

25  certification hearing, unless the data submitted under

26  paragraph (d) is determined to be incomplete, in which case

27  the rescheduled certification hearing shall be held no more

28  than 105 days after the previously scheduled certification

29  hearing. If additional time is needed due to the alternate

30  corridor crossing a local government jurisdiction that was not

31  previously affected, the remainder of the schedule listed

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 1  below shall be appropriately adjusted by the administrative

 2  law judge to allow that local government to prepare a report

 3  pursuant to s. 403.526(2)(a)5.

 4         (c)  Notice of the filing of the alternate corridor, of

 5  the revised time schedules, of the deadline for newly affected

 6  persons and agencies to file notice of intent to become a

 7  party, of the rescheduled hearing date, and of the proceedings

 8  shall be published in accordance with s. 403.5363.

 9         (d)  Within 21 days after acceptance of an alternate

10  corridor by the department and the applicant, the party

11  proposing an alternate corridor shall have the burden of

12  providing all data to the agencies listed in s. 403.526(2) and

13  newly affected agencies necessary for the preparation of a

14  supplementary report on the proposed alternate corridor.

15         (e)1.  Reviewing agencies shall advise the department

16  of any issues concerning completeness no later than 15 days

17  after the submittal of the data required by paragraph (d).

18  Within 22 days after receipt of the data, the department shall

19  issue a determination of completeness.

20         2.  If the department determines that the data required

21  by paragraph (d) is not complete, the party proposing the

22  alternate corridor must file such additional data to correct

23  the incompleteness. This additional data must be submitted

24  within 14 days after the determination by the department.

25         3.  Reviewing agencies may advise the department of any

26  issues concerning completeness of the additional data within

27  10 days after the filing by the applicant. If the department,

28  within 14 days after receiving the additional data, determines

29  that the data remains incomplete, the incompleteness of the

30  data is deemed a withdrawal of the proposed alternate

31  

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 1  corridor. The department may make its determination based on

 2  recommendations made by other affected agencies.

 3         (f)  The agencies listed in s. 403.526(2) and any newly

 4  affected agencies shall file supplementary reports with the

 5  applicant and the department which address the proposed

 6  alternate corridors no later than 24 days after the data

 7  submitted pursuant to paragraph (d) or paragraph (e) is

 8  determined to be complete.

 9         (g)  The agency reports on alternate corridors must

10  include all information required by s. 403.526(2).

11         (h)  When an agency whose agency head is a collegial

12  body, such as a commission, board, or council, is required to

13  submit a report pursuant to this section and is required by

14  its own internal procedures to have the report reviewed by its

15  agency head prior to finalization, the agency may submit to

16  the department a draft version of the report by the deadline

17  indicated in paragraph (f), and shall submit a final version

18  of the report after review by the agency head no later than 7

19  days after the deadline indicated in paragraph (f).

20         (i)  The department shall file with the administrative

21  law judge, the applicant, and all parties a project analysis

22  consistent with s. 403.526(3) no more than 16 days after

23  submittal of agency reports on the proposed alternate

24  corridor.

25         Section 20.  Section 403.5317, Florida Statutes, is

26  amended to read:

27         403.5317  Postcertification activities.--

28         (1)(a)  If, subsequent to certification, a licensee

29  proposes any material change to the application or prior

30  amendments, the licensee shall submit to the department a

31  written request for amendment and description of the proposed

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 1  change to the application. The department shall, within 30

 2  days after the receipt of the request for the amendment,

 3  determine whether the proposed change to the application

 4  requires a modification of the conditions of certification.

 5         (b)  If the department concludes that the change would

 6  not require a modification of the conditions of certification,

 7  the department shall notify, in writing, the licensee, all

 8  agencies, and all parties of the determination on approval of

 9  the amendment.

10         (c)  If the department concludes that the change would

11  require a modification of the conditions of certification, the

12  department shall notify the licensee that the proposed change

13  to the application requires a request for modification under

14  s. 403.5315.

15         (2)  Postcertification submittals filed by a licensee

16  with one or more agencies are for the purpose of monitoring

17  for compliance with the issued certification. Each submittal

18  must be reviewed by each agency on an expedited and priority

19  basis because each facility certified under this act is a

20  critical infrastructure facility. Postcertification review may

21  not be completed more than 90 days after complete information

22  for a segment of the certified transmission line is submitted

23  to the reviewing agencies.

24         Section 21.  Subsection (3) of section 403.5363,

25  Florida Statutes, is amended to read:

26         403.5363  Public notices; requirements.--

27         (3)  The department shall arrange for the publication

28  of the following notices in the manner specified by chapter

29  120:

30         (a)  The notice of the filing of an application and the

31  date by which a person intending to become a party must file a

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 1  petition to intervene or a notice of intent to be a party. The

 2  notice must be published no later than 21 days after the

 3  application has been filed.

 4         (b)  The notice of any administrative hearing for

 5  certification, if applicable. The notice must be published not

 6  less than 65 days before the date set for a hearing, except

 7  that notice for a rescheduled certification hearing after

 8  acceptance of an alternative corridor must be published not

 9  less than 50 days before the date set for the hearing.

10         (c)  The notice of the cancellation of a certification

11  hearing, if applicable. The notice must be published not later

12  than 3 7 days before the date of the originally scheduled

13  certification hearing.

14         (d)  The notice of the hearing before the siting board,

15  if applicable.

16         (e)  The notice of stipulations, proposed agency

17  action, or a petition for modification.

18         Section 22.  Section 376.30715, Florida Statutes, is

19  amended to read:

20         376.30715  Innocent victim petroleum storage system

21  restoration.--A contaminated site acquired by the current

22  property owner prior to July 1, 1990, which has ceased

23  operating as a petroleum storage or retail business prior to

24  January 1, 1985, is eligible for financial assistance pursuant

25  to s. 376.305(6), notwithstanding s. 376.305(6)(a). For the

26  purposes of this section, the term "acquired" means the

27  acquisition of the title to the property; however, a

28  subsequent transfer of the property to a spouse, a surviving

29  spouse in trust or free of trust, or to a revocable trust

30  created for the benefit of the settlor shall not disqualify

31  the site from financial assistance pursuant to s. 376.305(6).

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 1  Eligible sites shall be ranked in accordance with s.

 2  376.3071(5).

 3         Section 23.  Chapter 325, Florida Statutes, consisting

 4  of ss. 325.2055, 325.221, 325.222, and 325.223, Florida

 5  Statutes, is repealed.

 6         Section 24.  Section 403.0875, Florida Statutes, is

 7  repealed.

 8         Section 25.  Subsection (6) of section 373.459, Florida

 9  Statutes, is amended to read:

10         373.459  Funds for surface water improvement and

11  management.--

12         (6)(a)  The match requirement of subsection (2) shall

13  not apply to the Suwannee River Water Management District, the

14  Northwest Florida Water Management District, or a financially

15  disadvantaged small local government as defined in s.

16  403.885(5).

17         (b)  Notwithstanding the requirements of subsection

18  (3), the Ecosystem Management and Restoration Trust Fund and

19  the Water Protection and Sustainability Trust Fund shall be

20  used for the deposit of funds appropriated by the Legislature

21  for the purposes of ss. 373.451-373.4595. The department shall

22  administer all funds appropriated to or received for surface

23  water improvement and management activities. Expenditure of

24  the moneys shall be limited to the costs of details planning

25  and plan and program implementation for priority surface water

26  bodies. Moneys from the funds shall not be expended for

27  planning for, or construction or expansion of, treatment

28  facilities for domestic or industrial waste disposal.

29         (c)  Notwithstanding the requirements of subsection

30  (4), the department shall authorize the release of money from

31  

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 1  the funds in accordance with the provisions of s. 373.501(2)

 2  and procedures in s. 373.59(4) and (5).

 3         (d)  Notwithstanding the requirements of subsection

 4  (5), moneys in the Ecosystem Restoration and Management Trust

 5  Fund that are not needed to meet current obligations incurred

 6  under this section shall be transferred to the State Board of

 7  Administration, to the credit of the trust fund, to be

 8  invested in the manner provided by law. Interest received on

 9  such investments shall be credited to the trust fund.

10         (e)  This subsection expires July 1, 2007.

11         Section 26.  This act shall take effect July 1, 2007.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                     CS for Senate Bill 2054

15                                 

16  Committee Substitute for Committee Substitute for Senate Bill
    2054 removes the requirement that new and replacement fire
17  hydrants have a certain internal check-value device installed
    in all new and replacement fire hydrants, and eliminates
18  provisions relating to money held in the Ecosystem Management
    and Restoration Trust Fund and the water protection and
19  sustainability trust fund.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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