Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2026
       
       
       
       
       
       
                                Barcode 384062                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/31/2009           .                                
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       The Committee on Community Affairs (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) Except as provided in subsection (4), and
    6  in recognition of the 2009 real estate market conditions, any
    7  permit issued by the Department of Environmental Protection, any
    8  permit issued by a water management district under part IV of
    9  chapter 373, any development order issued by the Department of
   10  Community Affairs pursuant to s. 380.06, and any development
   11  order, building permit, or other land use approval issued by a
   12  local government that expired or will expire on or after
   13  September 1, 2008 but before September 1, 2011, is extended and
   14  renewed for a period of 3 years following its date of
   15  expiration. For development orders and land use approvals,
   16  including but not limited to certificates of concurrency and
   17  development agreements, this extension shall also include phase,
   18  commencement, and buildout dates, including any buildout date
   19  extension previously granted under s. 380.06(19)(c). This
   20  subsection shall not be construed to prohibit conversion from
   21  the construction phase to the operation phase upon completion of
   22  construction for combined construction and operation permits.
   23         (2)The completion date for any required mitigation
   24  associated with a phased construction project shall be extended
   25  and renewed so that mitigation takes place in the same timeframe
   26  relative to the phase as originally permitted.
   27         (3)The holder of an agency or district permit, or a
   28  development, order, building permit, or other land use approval
   29  issued by a local government that is eligible for the 3-year
   30  extension shall notify the authorizing agency in writing no
   31  later than September 30, 2010, identifying the specific
   32  authorization for which the holder intends to use the extended
   33  or renewed permit, order, or approval.
   34         (4)The extensions and renewals provided for in subsection
   35  (1) do not apply to:
   36         (a)A permit or other authorization under any programmatic
   37  or regional general permit issued by the United States Army
   38  Corps of Engineers.
   39         (b)An agency or district permit, or a development order,
   40  building permit, or other land use approval issued by a local
   41  government and held by an owner or operator determined to be in
   42  significant noncompliance with the conditions of the permit,
   43  order, or approval as established through the issuance of a
   44  warning letter or notice of violation, the initiation of formal
   45  enforcement, or other equivalent action by the authorizing
   46  agency.
   47         (5)Permits, development orders, and other land use
   48  approvals extended and renewed under this section shall continue
   49  to be governed by rules in effect at the time the permit, order,
   50  or approval was issued. This subsection shall apply to any
   51  modification of the plans, terms, and conditions of such permit,
   52  development order, or other land use approval that lessens the
   53  environmental impact, except that any such modification shall
   54  not extend the permit, order, or other land use approval beyond
   55  the 3 years authorized under subsection (1).
   56         Section 2. Subsection (1) of section 120.569, Florida
   57  Statutes, is amended to read:
   58         120.569 Decisions which affect substantial interests.—
   59         (1) The provisions of this section apply in all proceedings
   60  in which the substantial interests of a party are determined by
   61  an agency, unless the parties are proceeding under s. 120.573 or
   62  s. 120.574. Unless waived by all parties, s. 120.57(1) applies
   63  whenever the proceeding involves a disputed issue of material
   64  fact. Unless otherwise agreed, s. 120.57(2) applies in all other
   65  cases. If a disputed issue of material fact arises during a
   66  proceeding under s. 120.57(2), then, unless waived by all
   67  parties, the proceeding under s. 120.57(2) shall be terminated
   68  and a proceeding under s. 120.57(1) shall be conducted. Parties
   69  shall be notified of any order, including a final order. Unless
   70  waived, a copy of the order shall be delivered or mailed to each
   71  party or the party’s attorney of record at the address of
   72  record. Each notice shall inform the recipient of any
   73  administrative hearing or judicial review that is available
   74  under this section, s. 120.57, or s. 120.68; shall indicate the
   75  procedure which must be followed to obtain the hearing or
   76  judicial review; and shall state the time limits which apply.
   77  Notwithstanding any other provision of law, notice of the
   78  procedure to obtain an administrative hearing or judicial
   79  review, including any items required by the uniform rules
   80  adopted pursuant to s. 120.54(5), may be provided via a link to
   81  a publicly available Internet site.
   82         Section 3. Subsection (1) of Section 120.60, Florida
   83  Statutes, is amended to read:
   84         120.60 Licensing.—
   85         (1) Upon receipt of an application for a license, an agency
   86  shall examine the application and, within 30 days after such
   87  receipt, notify the applicant of any apparent errors or
   88  omissions and request any additional information the agency is
   89  permitted by law to require. If the applicant believes the
   90  request for such additional information is not authorized by law
   91  or agency rule, the agency, at the applicant’s request, shall
   92  proceed to process the permit application. An agency shall not
   93  deny a license for failure to correct an error or omission or to
   94  supply additional information unless the agency timely notified
   95  the applicant within this 30-day period. An application shall be
   96  considered complete upon receipt of all requested information
   97  and correction of any error or omission for which the applicant
   98  was timely notified or when the time for such notification has
   99  expired. Every application for a license shall be approved or
  100  denied within 90 days after receipt of a completed application
  101  unless a shorter period of time for agency action is provided by
  102  law. The 90-day time period shall be tolled by the initiation of
  103  a proceeding under ss. 120.569 and 120.57. Any application for a
  104  license that is not approved or denied within the 90-day or
  105  shorter time period, within 15 days after conclusion of a public
  106  hearing held on the application, or within 45 days after a
  107  recommended order is submitted to the agency and the parties,
  108  whichever action and timeframe is latest and applicable, is
  109  considered approved unless the recommended order recommends that
  110  the agency deny the license. Subject to the satisfactory
  111  completion of an examination if required as a prerequisite to
  112  licensure, any license that is considered approved shall be
  113  issued and may include such reasonable conditions as are
  114  authorized by law. Any applicant for licensure seeking to claim
  115  licensure by default under this subsection shall notify the
  116  agency clerk of the licensing agency, in writing, of the intent
  117  to rely upon the default license provision of this subsection,
  118  and shall not take any action based upon the default license
  119  until after receipt of such notice by the agency clerk.
  120         Section 4. Section 125.022, Florida Statutes, is amended to
  121  read:
  122         125.022 Development permits.—When a county denies an
  123  application for a development permit, the county shall give
  124  written notice to the applicant. The notice must include a
  125  citation to the applicable portions of an ordinance, rule,
  126  statute, or other legal authority for the denial of the permit.
  127  As used in this section, the term “development permit” has the
  128  same meaning as in s. 163.3164. No county may require as a
  129  condition of approval for a development permit that an applicant
  130  obtain a permit or approval from any other state or federal
  131  agency. Issuance of a development permit by a county does not in
  132  any way create any rights on the part of an applicant to obtain
  133  a permit from another state or federal agency and does not
  134  create any liability on the part of the county for issuance of
  135  the permit in the event that an applicant fails to fulfill its
  136  legal obligations to obtain requisite approvals or fulfill the
  137  obligations imposed by other state or federal agencies. Counties
  138  may attach this disclaimer to the issuance of development
  139  permits and may include a permit condition that all other
  140  applicable state or federal permits must be obtained prior to
  141  development. This shall not be construed to prohibit a county
  142  from providing information to an applicant regarding what other
  143  state or federal permits may be applicable.
  144         Section 5. Section 161.032, Florida Statutes, is created to
  145  read:
  146         161.032Application reviews; additional information.—
  147         (1)Within 30 days after receipt of an application for a
  148  permit under this part, the department shall review the
  149  application and shall request submittal of all additional
  150  information the department is permitted by law or rule to
  151  require. If the applicant believes any request for additional
  152  information is not authorized by law or rule, the applicant may
  153  request a hearing pursuant to s. 120.57. Within 30 days after
  154  receipt of such additional information, the department shall
  155  review it and may request only that information needed to
  156  clarify such additional information or to answer new questions
  157  raised by or directly related to such additional information. If
  158  the applicant believes the request of the department for such
  159  additional information is not authorized by law or rule, the
  160  department, at the applicant’s request, shall proceed to process
  161  the permit application.
  162         (2)Notwithstanding the provisions of s. 120.60, an
  163  applicant for a permit under this part shall have 90 days from
  164  the date of a timely request for additional information to
  165  submit that information. If an applicant requires more than 90
  166  days in which to respond to a request for additional
  167  information, the applicant may notify the agency processing the
  168  permit application in writing of the circumstances, at which
  169  time the application shall be held in active status for no more
  170  than one additional period of up to 90 days. Additional
  171  extensions may be granted for good cause shown by the applicant.
  172  A showing that the applicant is making a diligent effort to
  173  obtain the requested additional information shall constitute
  174  good cause. Failure of an applicant to provide the timely
  175  requested information by the applicable deadline shall result in
  176  denial of the application without prejudice.
  177         Section 6. Section 166.033, Florida Statutes, is amended to
  178  read:
  179         166.033  Development permits.—When a municipality denies an
  180  application for a development permit, the municipality shall
  181  give written notice to the applicant. The notice must include a
  182  citation to the applicable portions of an ordinance, rule,
  183  statute, or other legal authority for the denial of the permit.
  184  As used in this section, the term “development permit” has the
  185  same meaning as in s. 163.3164. No municipality may require as a
  186  condition of approval for a development permit that an applicant
  187  obtain a permit or approval from any other state or federal
  188  agency. Issuance of a development permit by a municipality does
  189  not in any way create any rights on the part of an applicant to
  190  obtain a permit from another state or federal agency and does
  191  not create any liability on the part of the municipality for
  192  issuance of the permit in the event that an applicant fails to
  193  fulfill its legal obligations to obtain requisite approvals or
  194  fulfill the obligations imposed by other state or federal
  195  agencies. Municipalities may attach this disclaimer to the
  196  issuance of development permits and may include a permit
  197  condition that all other applicable state or federal permits
  198  must be obtained prior to development. This shall not be
  199  construed to prohibit a municipality from providing information
  200  to an applicant regarding what other state or federal permits
  201  may be applicable.
  202         Section 7. Subsection (14) is added to section 253.034,
  203  Florida Statutes, to read:
  204         253.034 State-owned lands; uses.—
  205         (14)Deposition of dredged material on state-owned
  206  submerged lands for the purpose of restoring previously dredged
  207  holes to natural conditions shall be conducted in such a manner
  208  as to maximize environmental benefits. In such cases, the
  209  dredged material shall be placed in the dredge hole at an
  210  elevation consistent with the surrounding area to allow light
  211  penetration so as to maximize propagation of native vegetation.
  212  When available dredged material is of insufficient quantity to
  213  raise the entire dredge hole to prior natural elevations, then
  214  placement shall be limited to a portion of the dredge hole where
  215  elevations can be restored to natural elevations.
  216         Section 8. Subsection (10) of section 373.026, Florida
  217  Statutes, is created to read:
  218         373.026 General powers and duties of the department.—The
  219  department, or its successor agency, shall be responsible for
  220  the administration of this chapter at the state level. However,
  221  it is the policy of the state that, to the greatest extent
  222  possible, the department may enter into interagency or
  223  interlocal agreements with any other state agency, any water
  224  management district, or any local government conducting programs
  225  related to or materially affecting the water resources of the
  226  state. All such agreements shall be subject to the provisions of
  227  s. 373.046. In addition to its other powers and duties, the
  228  department shall, to the greatest extent possible:
  229         (10)Expand the use of Internet based self certification
  230  services for appropriate exemptions and general permits issued
  231  by the department and water management districts. In addition to
  232  expanding the use of Internet based self certification services
  233  for appropriate exemptions and general permits, the department
  234  and water management districts shall identify and develop
  235  general permits for activities currently requiring individual
  236  review that could be expedited through the use of professional
  237  certifications.
  238         Section 9. Subsection (4) is added to section 373.441,
  239  Florida Statutes, created to read:
  240         373.441 Role of counties, municipalities, and local
  241  pollution control programs in permit processing.—
  242         (4) Activities subject to a permit issued under authority
  243  delegated to a county, municipality, or local pollution control
  244  program by the department or the appropriate water management
  245  district may not be regulated by the department or the district
  246  unless such regulation is required pursuant to the delegation
  247  agreement.
  248         Section 10. Subsection (2) of Section 373.4141, Florida
  249  Statutes, is amended to read:
  250         373.4141 Permits; processing.—
  251         (2) A permit shall be approved or denied within 90 days
  252  after receipt of the original application, the last item of
  253  timely requested additional material, or the applicant’s written
  254  request to begin processing the permit application.
  255  Notwithstanding the provisions of s. 120.60, an applicant for a
  256  permit under this part shall have 90 days from the date of a
  257  timely request for additional information to submit that
  258  information. If an applicant requires more than 90 days in which
  259  to respond to a request for additional information, the
  260  applicant may notify the agency processing the permit
  261  application in writing of the circumstances, at which time the
  262  application shall be held in active status for no more than one
  263  additional period of up to 90 days. Additional extensions may be
  264  granted for good cause shown by the applicant. A showing that
  265  the applicant is making a diligent effort to obtain the
  266  requested additional information shall constitute good cause.
  267  Failure of an applicant to provide the timely requested
  268  information by the applicable deadline shall result in denial of
  269  the application without prejudice.
  270         Section 11. Paragraph (a) of subsection (4) of section
  271  373.079, Florida Statutes, is amended to read:
  272         373.079 Members of governing board; oath of office; staff.—
  273         (4)(a) The governing board of the district is authorized to
  274  employ an executive director, ombudsman, and such engineers,
  275  other professional persons, and other personnel and assistants
  276  as it deems necessary and under such terms and conditions as it
  277  may determine and to terminate such employment. The appointment
  278  of an executive director by the governing board is subject to
  279  approval by the Governor and must be initially confirmed by the
  280  Florida Senate. The governing board may delegate all or part of
  281  its authority under this paragraph to the executive director.
  282  However, the governing board shall delegate all of its authority
  283  to take final action on permit applications under part II or
  284  part IV, or petitions for variances or waivers of permitting
  285  requirements under part II or part IV, except as provided for
  286  under ss. 373.083(5) and 373.118(4). This delegation shall not
  287  be subject to the rulemaking requirements of chapter 120. The
  288  executive director must be confirmed by the Senate upon
  289  employment and must be confirmed or reconfirmed by the Senate
  290  during the second regular session of the Legislature following a
  291  gubernatorial election.
  292         Section 12. Subsection (5) of section 373.083, Florida
  293  Statutes, is amended to read:
  294         373.083 General powers and duties of the governing board.—
  295  In addition to other powers and duties allowed it by law, the
  296  governing board is authorized to:
  297         (5) Execute any of the powers, duties, and functions vested
  298  in the governing board through a member or members thereof, the
  299  executive director, or other district staff as designated by the
  300  governing board. The governing board may establish the scope and
  301  terms of any delegation. However, if The governing board shall
  302  delegates to the executive director the authority to take final
  303  action on permit applications under part II or part IV, or
  304  petitions for variances or waivers of permitting requirements
  305  under part II or part IV, and this delegation shall not be
  306  subject to the rulemaking requirements of chapter 120. However,
  307  the governing board shall provide a process for referring any
  308  denial of such application or petition to the governing board to
  309  take final action. Such process shall expressly prohibit any
  310  member of a governing board from intervening in the review of an
  311  application prior to said application being referred to the
  312  governing board to final action. The authority in this
  313  subsection is supplemental to any other provision of this
  314  chapter granting authority to the governing board to delegate
  315  specific powers, duties, or functions.
  316         Section 13. Subsection (4) of section 373.118, Florida
  317  Statutes, is amended to read:
  318         373.118 General permits; delegation.—
  319         (4) To provide for greater efficiency, the governing board
  320  may shall delegate by rule its powers and duties pertaining to
  321  general permits to the executive director and this delegation
  322  shall not be subject to the rulemaking requirements of chapter
  323  120. The executive director may execute such delegated authority
  324  through designated staff. However, when delegating the authority
  325  to take final action on permit applications under part II or
  326  part IV or petitions for variances or waivers of permitting
  327  requirements under part II or part IV, the governing board shall
  328  provide a process for referring any denial of such application
  329  or petition to the governing board to take such final action.
  330         Section 14. Subsection (6) is added to section 373.236,
  331  Florida Statutes, to read:
  332         373.236 Duration of permits; compliance reports.—
  333         (6)(a)The need for alternative water supply development
  334  projects to meet anticipated public water supply demands of the
  335  state is such that it is essential to encourage participation in
  336  and contribution to such projects by private rural landowners
  337  who characteristically have relatively modest near-term water
  338  demands but substantially increasing demands after the 20-year
  339  planning horizon provided in s. 373.0361. Where such landowners
  340  make extraordinary contributions of lands or construction
  341  funding to enable the expeditious implementation of such
  342  projects, water management districts and the department are
  343  authorized to grant permits for such projects for a period of up
  344  to 50 years to municipalities, counties, special districts,
  345  regional water supply authorities, multijurisdictional water
  346  supply entities, and publicly owned or privately owned utilities
  347  created for or by the private landowners on or before April 1,
  348  2009, which entities have entered into an agreement with the
  349  private landowner, for the purposes of more efficiently pursuing
  350  alternative public water supply development projects identified
  351  in a district’s regional water supply plan and meeting water
  352  demands of both the applicant and the landowner.
  353         (b)Any permit pursuant to paragraph (a) shall be granted
  354  only for that period of time for which there is sufficient data
  355  to provide reasonable assurance that the conditions for permit
  356  issuance will be met. Such a permit shall require a compliance
  357  report by the permittee every 5 years during the term of the
  358  permit. The report shall contain sufficient data to maintain
  359  reasonable assurance that the conditions for permit issuance,
  360  applicable at the time of district review of the compliance
  361  report, are met. Following review of the report, the governing
  362  board or the department may modify the permit to ensure that the
  363  use meets the conditions for issuance.
  364  
  365  This subsection shall not be construed to limit the authority of
  366  the department or a water management district governing board to
  367  modify or revoke a consumptive use permit.
  368         Section 15. Subsection (12) is added to section 373.406,
  369  Florida Statutes, to read:
  370         373.406 Exemptions.—The following exemptions shall apply:
  371         (12)(a)Construction of public use facilities in accordance
  372  with Florida Communities Trust grant-approved projects on
  373  county-owned natural lands. Such facilities may include a
  374  parking lot, including an access road, not to exceed a total
  375  size of 0.7 acres that is located entirely in uplands; at-grade
  376  access trails located entirely in uplands; pile supported
  377  boardwalks having a maximum width of six feet (with exceptions
  378  for ADA compliance); and pile-supported observation platforms
  379  each of which shall not to exceed 120 square feet in size.
  380         (b)No fill shall be placed in, on, or over wetlands or
  381  other surface waters except pilings for boardwalks and
  382  observation platforms all of which structures located in, on, or
  383  over wetlands and other surface waters shall be sited,
  384  constructed, and elevated to minimize adverse impacts to native
  385  vegetation and shall be limited to an over water surface area
  386  not to exceed 0.5 acres. All stormwater flow from roads, parking
  387  areas, and trails shall sheet flow into uplands, and the use of
  388  pervious pavement is encouraged.
  389         Section 16. Section 373.4061, Florida Statutes, is created
  390  to read:
  391         373.4061 Noticed General Permit to Counties for
  392  Environmental Restoration Activities. —
  393         (1)A general permit is hereby granted to counties to
  394  construct, operate, alter, maintain or remove systems for the
  395  purposes of environmental restoration or water quality
  396  improvements, subject to the limitations and conditions of this
  397  section.
  398         (2)The following restoration activities are authorized by
  399  this general permit:
  400         (a)Backfilling of existing agricultural or drainage
  401  ditches for the sole purpose of restoring a more natural
  402  hydroperiod to publicly owned lands, provided that adjacent
  403  properties are not adversely affected;
  404         (b)Placement of riprap within fifteen feet waterward of
  405  the mean or ordinary high water line for the purpose of
  406  preventing or abating erosion of a predominantly natural
  407  shoreline, provided that mangrove, seagrass, coral, sponge, and
  408  other protected marine communities are not adversely affected;
  409         (c)Placement of riprap within ten feet waterward of an
  410  existing seawall or bulkhead and backfilling of the area between
  411  the riprap and seawall or bulkhead with clean fill for the sole
  412  purpose of planting mangroves and Spartina sp., provided that
  413  seagrass, coral, sponge, and other protected marine communities
  414  are not adversely affected;
  415         (d)Scrape down of spoil islands to an intertidal elevation
  416  or a lower elevation at which light penetration is expected to
  417  allow for seagrass recruitment;
  418         (e)Backfilling of existing dredge holes that are at least
  419  five feet deeper than surrounding natural grades to an
  420  intertidal elevation if doing so provides a regional net
  421  environmental benefit or, at a minimum, to an elevation at which
  422  light penetration is expected to allow for seagrass recruitment,
  423  with no more than minimum displacement of highly organic
  424  sediments; and
  425         (f)Placement of rock riprap or clean concrete in existing
  426  dredge holes that are at least five feet deeper than surrounding
  427  natural grades, provided that placed rock or concrete does not
  428  protrude above surrounding natural grades.
  429         (3)In order to qualify for this general permit, the
  430  activity must comply with the following:
  431         (a)The project must be included in a management plan that
  432  has been the subject of at least one public workshop;
  433         (b)The county commission must conduct at least one public
  434  hearing within one year of project initiation;
  435         (c)No activity under this part may be considered as
  436  mitigation for any other project;
  437         (d)Activities in tidal waters are limited to those
  438  waterbodies given priority restoration status pursuant to s.
  439  373.453(1)(c); and
  440         (e)Prior to submittal of a notice to use this general
  441  permit, the county shall conduct at least one pre-application
  442  meeting with appropriate district or department staff to discuss
  443  project designs, implementation details, resource concerns, and
  444  conditions for meeting applicable state water quality standards.
  445         (4)This general permit shall be subject to the following
  446  specific conditions:
  447         (a)A project under this general permit shall not
  448  significantly impede navigation or unreasonably infringe upon
  449  the riparian rights of others. When a court of competent
  450  jurisdiction determines that riparian rights have been
  451  unlawfully affected, the structure or activity shall be modified
  452  in accordance with the court’s decision;
  453         (b)All erodible surfaces, including intertidal slopes
  454  shall be revegetated with appropriate native plantings within 72
  455  hours of completion of construction;
  456         (c)Riprap material shall be clean limestone, granite or
  457  other native rock one foot to three feet in diameter;
  458         (d)Fill material used to backfill dredge holes or seawall
  459  planter areas shall be local, native material legally removed
  460  from nearby submerged lands or shall be material brought to the
  461  site, either of which shall comply with the standard of not more
  462  than 10% of the material passing through a #200 standard sieve
  463  and containing no more than 10% organic content, and is free of
  464  contaminants that will cause violations of state water quality
  465  standards;
  466         (e)Turbidity shall be monitored and controlled at all
  467  times such that turbidity immediately outside the project area
  468  complies with Rules 62-302 and 62-4.242, F.A.C.;
  469         (f)Equipment, barges, and staging areas shall not be
  470  stored or operated over seagrass, coral, sponge, or other
  471  protected marine communities;
  472         (g)Structures shall be maintained in a functional
  473  condition and shall be repaired or removed if they become
  474  dilapidated to such an extent that they are no longer
  475  functional. This shall not be construed to prohibit the repair
  476  or replacement subject to the provisions of Rule 18-21.005,
  477  F.A.C. within one year, of a structure being damaged in a
  478  discrete event such as a storm, flood, accident, or fire;
  479         (h)All work under this general permit shall be conducted
  480  in conformance with the general conditions of Rule 62-341.215,
  481  Florida Administrative Code;
  482         (i)Construction, use, or operation of the structure or
  483  activity shall not adversely affect any species which is
  484  endangered, threatened or of special concern, as listed in Rules
  485  68A-27.003, 68A-27.004 and 68A-27.005, Florida Administrative
  486  Code; and
  487         (j)The activity may not adversely impact vessels or
  488  structures of archaeological or historical value relating to the
  489  history, government and culture of the state that are defined as
  490  historic properties in s.267.021(3).
  491         (5)The district or department, as applicable, shall
  492  provide written notification as to whether the proposed activity
  493  qualifies for the general permit within 30 days of receipt of
  494  written notice of a county’s intent to use the general permit.
  495  If the district or department notifies the county that the
  496  system does not qualify for a noticed general permit due to an
  497  error or omission in the original notice to the district or the
  498  department, the county shall have 30 days from the date of the
  499  notification to amend the notice to use the general permit and
  500  submit such additional information to correct such error or
  501  omission.
  502         (6)This general permit constitutes a letter of consent by
  503  the Trustees of the Internal Improvement Trust Fund under
  504  chapters 253 and 258, where applicable, and chapters 18-18, 18
  505  20, and 18-21, Florida Administrative Code, where applicable,
  506  for the county to enter upon and use state-owned submerged lands
  507  to the extent necessary to complete the activities. No
  508  activities conducted under this general permit shall divest the
  509  state of Florida from the continued ownership of lands that were
  510  state-owned, sovereign submerged lands prior to any use,
  511  construction, or implementation of this general permit.
  512         Section 17. Subsection (29) of section 403.061, Florida
  513  Statutes, is amended, present subsection (40) of that section is
  514  redesignated as subsection (43), and new subsections (40), (41)
  515  and (42) are added to that section to read:
  516         403.061 Department; powers and duties.— The department
  517  shall have the power and the duty to control and prohibit
  518  pollution of air and water in accordance with the law and rules
  519  adopted and promulgated by it and, for this purpose, to:
  520         (29) Adopt by rule special criteria to protect Class II
  521  shellfish harvesting waters. Rules previously adopted by the
  522  department in rule 17-4.28(8)(a), Florida Administrative Code,
  523  are hereby ratified and determined to be a valid exercise of
  524  delegated legislative authority and shall remain in effect
  525  unless amended by the Environmental Regulation Commission. Such
  526  rules may include special criteria for approval of docking
  527  facilities with 10 or fewer slips where construction and
  528  operation of such facilities will not result in the closure of
  529  shellfish waters.
  530         (40)Maintain a list of projects or activities, including
  531  mitigation banks, that applicants may consider when developing
  532  proposals to meet the mitigation or public interest requirements
  533  of chapter 253, chapter 373, or this chapter. The contents of
  534  such a list are not a rule as defined in chapter 120, and
  535  listing a specific project or activity does not imply approval
  536  by the department for such project or activity. Each county
  537  government is encouraged to develop an inventory of projects or
  538  activities for inclusion on the list by obtaining input from
  539  local stakeholder groups in the public, private, and nonprofit
  540  sectors, including local governments, port authorities, marine
  541  contractors, other representatives of the marine construction
  542  industry, environmental or conservation organizations, and other
  543  interested parties. Counties may establish dedicated funds for
  544  depositing public interest donations into a reserve for future
  545  public interest projects, including improvements to on water law
  546  enforcement.
  547         (41)Develop a project management plan to implement an e
  548  permitting program that allows for timely submittal and exchange
  549  of permit application and compliance information that yields
  550  positive benefits in support of the department’s mission, permit
  551  applicants, permit holders, and the public. The plan shall
  552  include an implementation timetable, estimated costs, and
  553  transaction fees. The department shall submit the plan to the
  554  President of the Senate, Speaker of the House of Representatives
  555  and the Legislative Committee on Intergovernmental Relations by
  556  January 15, 2010.
  557         (42)Expand the use of Internet based self certification
  558  services for appropriate exemptions and general permits issued
  559  by the department. Notwithstanding any other provision of law a
  560  local government is prohibited from specifying the method or
  561  form of documentation that a project meets the provisions for
  562  authorization under chapters 161, 253, 373, or 403. This shall
  563  include Internet based programs of the department or water
  564  management district that provide for self certification.
  565         (43)(40) Serve as the state’s single point of contact for
  566  performing the responsibilities described in Presidential
  567  Executive Order 12372, including administration and operation of
  568  the Florida State Clearinghouse. The Florida State Clearinghouse
  569  shall be responsible for coordinating interagency reviews of the
  570  following: federal activities and actions subject to the federal
  571  consistency requirements of s. 307 of the Coastal Zone
  572  Management Act; documents prepared pursuant to the National
  573  Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
  574  Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
  575  applications for federal funding pursuant to s. 216.212; and
  576  other notices and information regarding federal activities in
  577  the state, as appropriate. The Florida State Clearinghouse shall
  578  ensure that state agency comments and recommendations on the
  579  environmental, social, and economic impact of proposed federal
  580  actions are communicated to federal agencies, applicants, local
  581  governments, and interested parties.
  582  
  583  The department shall implement such programs in conjunction with
  584  its other powers and duties and shall place special emphasis on
  585  reducing and eliminating contamination that presents a threat to
  586  humans, animals or plants, or to the environment.
  587         Section 19. Subsections (1) and (2) of section 403.813,
  588  Florida Statutes, are amended to read:
  589         403.813  Permits issued at district centers; exceptions.—
  590         (1) A permit is not required under this chapter, chapter
  591  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  592  chapter 25270, 1949, Laws of Florida, for activities associated
  593  with the following types of projects; however, except as
  594  otherwise provided in this subsection, nothing in this
  595  subsection does not relieve relieves an applicant from any
  596  requirement to obtain permission to use or occupy lands owned by
  597  the Board of Trustees of the Internal Improvement Trust Fund or
  598  any water management district in its governmental or proprietary
  599  capacity or from complying with applicable local pollution
  600  control programs authorized under this chapter or other
  601  requirements of county and municipal governments:
  602         (a) The installation of overhead transmission lines, with
  603  support structures which are not constructed in waters of the
  604  state and which do not create a navigational hazard.
  605         (b) The installation and repair of mooring pilings and
  606  dolphins associated with private docking facilities or piers and
  607  the installation of private docks, piers and recreational
  608  docking facilities, or piers and recreational docking facilities
  609  of local governmental entities when the local governmental
  610  entity’s activities will not take place in any manatee habitat,
  611  any of which docks:
  612         1. Has 500 square feet or less of over-water surface area
  613  for a dock which is located in an area designated as Outstanding
  614  Florida Waters or 1,000 square feet or less of over-water
  615  surface area for a dock which is located in an area which is not
  616  designated as Outstanding Florida Waters;
  617         2. Is constructed on or held in place by pilings or is a
  618  floating dock which is constructed so as not to involve filling
  619  or dredging other than that necessary to install the pilings;
  620         3. Shall not substantially impede the flow of water or
  621  create a navigational hazard;
  622         4. Is used for recreational, noncommercial activities
  623  associated with the mooring or storage of boats and boat
  624  paraphernalia; and
  625         5. Is the sole dock constructed pursuant to this exemption
  626  as measured along the shoreline for a distance of 65 feet,
  627  unless the parcel of land or individual lot as platted is less
  628  than 65 feet in length along the shoreline, in which case there
  629  may be one exempt dock allowed per parcel or lot.
  630  
  631  Nothing in this paragraph shall prohibit the department from
  632  taking appropriate enforcement action pursuant to this chapter
  633  to abate or prohibit any activity otherwise exempt from
  634  permitting pursuant to this paragraph if the department can
  635  demonstrate that the exempted activity has caused water
  636  pollution in violation of this chapter.
  637         (c) The installation and maintenance to design
  638  specifications of boat ramps on artificial bodies of water where
  639  navigational access to the proposed ramp exists or the
  640  installation of boat ramps open to the public in any waters of
  641  the state where navigational access to the proposed ramp exists
  642  and where the construction of the proposed ramp will be less
  643  than 30 feet wide and will involve the removal of less than 25
  644  cubic yards of material from the waters of the state, and the
  645  maintenance to design specifications of such ramps; however, the
  646  material to be removed shall be placed upon a self-contained
  647  upland site so as to prevent the escape of the spoil material
  648  into the waters of the state.
  649         (d) The replacement or repair of existing docks and piers,
  650  except that no fill material is to be used and provided that the
  651  replacement or repaired dock or pier is in the same location and
  652  of the same configuration and dimensions as the dock or pier
  653  being replaced or repaired. This shall not preclude the use of
  654  different construction materials or minor deviations to allow
  655  upgrades to current structural and design standards.
  656         (2) The provisions of subsection (1)(2) are superseded by
  657  general permits established pursuant to ss. 373.118 and 403.814
  658  which include the same activities. Until such time as general
  659  permits are established, or if should general permits are be
  660  suspended or repealed, the exemptions under subsection (1)(2)
  661  shall remain or shall be reestablished in full force and effect.
  662         Section 20. Subsection (12) of section 403.814, Florida
  663  Statutes, is created to read:
  664         403.814 General permits; delegation.—
  665         (12)The department shall expand the use of Internet based
  666  self certification services for appropriate exemptions and
  667  general permits issued by the department and water management
  668  districts. In addition, the department shall identify and
  669  develop general permits for activities currently requiring
  670  individual review that could be expedited through the use of
  671  professional certifications. The department shall submit a
  672  report on progress of these efforts to the President of the
  673  Senate and the Speaker of the House of Representatives by
  674  January 15, 2010.
  675         Section 21. Section 403.973, Florida Statutes, is amended
  676  to read:
  677         403.973  Expedited permitting; comprehensive plan
  678  amendments.—
  679         (1) It is the intent of the Legislature to encourage and
  680  facilitate the location and expansion of those types of economic
  681  development projects which offer job creation and high wages,
  682  strengthen and diversify the state’s economy, and have been
  683  thoughtfully planned to take into consideration the protection
  684  of the state’s environment. It is also the intent of the
  685  Legislature to provide for an expedited permitting and
  686  comprehensive plan amendment process for such projects.
  687         (2) As used in this section, the term:
  688         (a) “Duly noticed” means publication in a newspaper of
  689  general circulation in the municipality or county with
  690  jurisdiction. The notice shall appear on at least 2 separate
  691  days, one of which shall be at least 7 days before the meeting.
  692  The notice shall state the date, time, and place of the meeting
  693  scheduled to discuss or enact the memorandum of agreement, and
  694  the places within the municipality or county where such proposed
  695  memorandum of agreement may be inspected by the public. The
  696  notice must be one-eighth of a page in size and must be
  697  published in a portion of the paper other than the legal notices
  698  section. The notice shall also advise that interested parties
  699  may appear at the meeting and be heard with respect to the
  700  memorandum of agreement.
  701         (b) “Jobs” means permanent, full-time equivalent positions
  702  not including construction jobs.
  703         (c) Office” means the Office of Tourism, Trade, and
  704  Economic Development.
  705         (c)(d) “Permit applications” means state permits and
  706  licenses, and at the option of a participating local government,
  707  local development permits or orders.
  708         (d)“Secretary” means the Secretary of Environmental
  709  Protection, or his or her designee.
  710         (3)(a) The Secretary Governor, through the office, shall
  711  direct the creation of regional permit action teams, for the
  712  purpose of expediting review of permit applications and local
  713  comprehensive plan amendments submitted by:
  714         1. Businesses creating at least 50 100 jobs, or
  715         2. Businesses creating at least 25 50 jobs if the project
  716  is located in an enterprise zone, or in a county having a
  717  population of less than 75,000 or in a county having a
  718  population of less than 100,000 which is contiguous to a county
  719  having a population of less than 75,000, as determined by the
  720  most recent decennial census, residing in incorporated and
  721  unincorporated areas of the county, or
  722         (b) On a case-by-case basis and at the request of a county
  723  or municipal government, the Secretary office may certify as
  724  eligible for expedited review a project not meeting the minimum
  725  job creation thresholds but creating a minimum of 10 jobs. The
  726  recommendation from the governing body of the county or
  727  municipality in which the project may be located is required in
  728  order for the Secretary office to certify that any project is
  729  eligible for expedited review under this paragraph. When
  730  considering projects that do not meet the minimum job creation
  731  thresholds but that are recommended by the governing body in
  732  which the project may be located, the Secretary office shall
  733  consider economic impact factors that include, but are not
  734  limited to:
  735         1. The proposed wage and skill levels relative to those
  736  existing in the area in which the project may be located;
  737         2. The project’s potential to diversify and strengthen the
  738  area’s economy;
  739         3. The amount of capital investment; and
  740         4. The number of jobs that will be made available for
  741  persons served by the welfare transition program.
  742         (c) At the request of a county or municipal government, the
  743  Secretary office or a Quick Permitting County may certify
  744  projects located in counties where the ratio of new jobs per
  745  participant in the welfare transition program, as determined by
  746  Workforce Florida, Inc., is less than one or otherwise critical,
  747  as eligible for the expedited permitting process. Such projects
  748  must meet the numerical job creation criteria of this
  749  subsection, but the jobs created by the project do not have to
  750  be high-wage jobs that diversify the state’s economy.
  751         (d) Projects located in a designated brownfield area are
  752  eligible for the expedited permitting process.
  753         (e) Projects that are part of the state-of-the-art
  754  biomedical research institution and campus to be established in
  755  this state by the grantee under s. 288.955 are eligible for the
  756  expedited permitting process, if the projects are designated as
  757  part of the institution or campus by the board of county
  758  commissioners of the county in which the institution and campus
  759  are established.
  760         (f)Projects resulting in the cultivation of biofuel
  761  feedstock on lands 1,000 acres or larger or the construction of
  762  a biofuel or biodiesel processing facility or renewable energy
  763  generating facility as defined in s. 366.91(2)(d)are eligible
  764  for the expedited permitting process.
  765         (4) The regional teams shall be established through the
  766  execution of memoranda of agreement developed by the applicant
  767  and between the Secretary office and with input solicited from
  768  the respective heads of the Department of Environmental
  769  Protection, the Department of Community Affairs, the Department
  770  of Transportation and its district offices, the Department of
  771  Agriculture and Consumer Services, the Fish and Wildlife
  772  Conservation Commission, appropriate regional planning councils,
  773  appropriate water management districts, and voluntarily
  774  participating municipalities and counties. The memoranda of
  775  agreement should also accommodate participation in this
  776  expedited process by other local governments and federal
  777  agencies as circumstances warrant.
  778         (5) In order to facilitate local government’s option to
  779  participate in this expedited review process, the Secretary
  780  office shall, in cooperation with local governments and
  781  participating state agencies, create a standard form memorandum
  782  of agreement. A local government shall hold a duly noticed
  783  public workshop to review and explain to the public the
  784  expedited permitting process and the terms and conditions of the
  785  standard form memorandum of agreement.
  786         (6) The local government shall hold a duly noticed public
  787  hearing to execute a memorandum of agreement for each qualified
  788  project. Notwithstanding any other provision of law, and at the
  789  option of the local government, the workshop provided for in
  790  subsection (5) may be conducted on the same date as the public
  791  hearing held under this subsection. The memorandum of agreement
  792  that a local government signs shall include a provision
  793  identifying necessary local government procedures and time
  794  limits that will be modified to allow for the local government
  795  decision on the project within 90 days. The memorandum of
  796  agreement applies to projects, on a case-by-case basis, that
  797  qualify for special review and approval as specified in this
  798  section. The memorandum of agreement must make it clear that
  799  this expedited permitting and review process does not modify,
  800  qualify, or otherwise alter existing local government
  801  nonprocedural standards for permit applications, unless
  802  expressly authorized by law.
  803         (7) At the option of the participating local government,
  804  Appeals of local government its final approvals for a project
  805  shall may be pursuant to the summary hearing provisions of s.
  806  120.574, pursuant to subsection (14), and be consolidated with
  807  the challenge of applicable state agency actions, if any or
  808  pursuant to other appellate processes available to the local
  809  government. The local government’s decision to enter into a
  810  summary hearing must be made as provided in s. 120.574 or in the
  811  memorandum of agreement.
  812         (8) Each memorandum of agreement shall include a process
  813  for final agency action on permit applications and local
  814  comprehensive plan amendment approvals within 90 days after
  815  receipt of a completed application, unless the applicant agrees
  816  to a longer time period or the Secretary office determines that
  817  unforeseen or uncontrollable circumstances preclude final agency
  818  action within the 90-day timeframe. Permit applications governed
  819  by federally delegated or approved permitting programs whose
  820  requirements would prohibit or be inconsistent with the 90-day
  821  timeframe are exempt from this provision, but must be processed
  822  by the agency with federally delegated or approved program
  823  responsibility as expeditiously as possible.
  824         (9) The Secretary office shall inform the Legislature by
  825  October 1 of each year to which agencies have not entered into
  826  or implemented an agreement and identify any barriers to
  827  achieving success of the program.
  828         (10) The memoranda of agreement may provide for the waiver
  829  or modification of procedural rules prescribing forms, fees,
  830  procedures, or time limits for the review or processing of
  831  permit applications under the jurisdiction of those agencies
  832  that are party to the memoranda of agreement. Notwithstanding
  833  any other provision of law to the contrary, a memorandum of
  834  agreement must to the extent feasible provide for proceedings
  835  and hearings otherwise held separately by the parties to the
  836  memorandum of agreement to be combined into one proceeding or
  837  held jointly and at one location. Such waivers or modifications
  838  shall not be available for permit applications governed by
  839  federally delegated or approved permitting programs, the
  840  requirements of which would prohibit, or be inconsistent with,
  841  such a waiver or modification.
  842         (11) The standard form memoranda of agreement shall include
  843  guidelines to be used in working with state, regional, and local
  844  permitting authorities. Guidelines may include, but are not
  845  limited to, the following:
  846         (a) A central contact point for filing permit applications
  847  and local comprehensive plan amendments and for obtaining
  848  information on permit and local comprehensive plan amendment
  849  requirements;
  850         (b) Identification of the individual or individuals within
  851  each respective agency who will be responsible for processing
  852  the expedited permit application or local comprehensive plan
  853  amendment for that agency;
  854         (c) A mandatory preapplication review process to reduce
  855  permitting conflicts by providing guidance to applicants
  856  regarding the permits needed from each agency and governmental
  857  entity, site planning and development, site suitability and
  858  limitations, facility design, and steps the applicant can take
  859  to ensure expeditious permit application and local comprehensive
  860  plan amendment review. As a part of this process, the first
  861  interagency meeting to discuss a project shall be held within 14
  862  days after the Secretary’s office’s determination that the
  863  project is eligible for expedited review. Subsequent interagency
  864  meetings may be scheduled to accommodate the needs of
  865  participating local governments that are unable to meet public
  866  notice requirements for executing a memorandum of agreement
  867  within this timeframe. This accommodation may not exceed 45 days
  868  from the office’s determination that the project is eligible for
  869  expedited review;
  870         (d) The preparation of a single coordinated project
  871  description form and checklist and an agreement by state and
  872  regional agencies to reduce the burden on an applicant to
  873  provide duplicate information to multiple agencies;
  874         (e) Establishment of a process for the adoption and review
  875  of any comprehensive plan amendment needed by any certified
  876  project within 90 days after the submission of an application
  877  for a comprehensive plan amendment. However, the memorandum of
  878  agreement may not prevent affected persons as defined in s.
  879  163.3184 from appealing or participating in this expedited plan
  880  amendment process and any review or appeals of decisions made
  881  under this paragraph; and
  882         (f) Additional incentives for an applicant who proposes a
  883  project that provides a net ecosystem benefit.
  884         (12) The applicant, the regional permit action team, and
  885  participating local governments may agree to incorporate into a
  886  single document the permits, licenses, and approvals that are
  887  obtained through the expedited permit process. This consolidated
  888  permit is subject to the summary hearing provisions set forth in
  889  subsection (14).
  890         (13) Notwithstanding any other provisions of law:
  891         (a) Local comprehensive plan amendments for projects
  892  qualified under this section are exempt from the twice-a-year
  893  limits provision in s. 163.3187; and
  894         (b) Projects qualified under this section are not subject
  895  to interstate highway level-of-service standards adopted by the
  896  Department of Transportation for concurrency purposes. The
  897  memorandum of agreement specified in subsection (5) must include
  898  a process by which the applicant will be assessed a fair share
  899  of the cost of mitigating the project’s significant traffic
  900  impacts, as defined in chapter 380 and related rules. The
  901  agreement must also specify whether the significant traffic
  902  impacts on the interstate system will be mitigated through the
  903  implementation of a project or payment of funds to the
  904  Department of Transportation. Where funds are paid, the
  905  Department of Transportation must include in the 5-year work
  906  program transportation projects or project phases, in an amount
  907  equal to the funds received, to mitigate the traffic impacts
  908  associated with the proposed project.
  909         (14)(a) Challenges to state agency action in the expedited
  910  permitting process for projects processed under this section are
  911  subject to the summary hearing provisions of s. 120.574, except
  912  that the administrative law judge’s decision, as provided in s.
  913  120.574(2)(f), shall be in the form of a recommended order and
  914  shall not constitute the final action of the state agency. In
  915  those proceedings where the action of only one agency of the
  916  state is challenged, the agency of the state shall issue the
  917  final order within 45 10 working days of receipt of the
  918  administrative law judge’s recommended order. The recommended
  919  order shall inform the parties of the right to file exceptions
  920  to the recommended order and to file responses thereto in
  921  accordance with the Uniform Rules. In those proceedings where
  922  the actions of more than one agency of the state are challenged,
  923  the Governor shall issue the final order, except for the
  924  issuance of department licenses required under any federally
  925  delegated or approved permit program for which the department
  926  shall enter the final order, within 45 10 working days of
  927  receipt of the administrative law judge’s recommended order. The
  928  recommended order shall inform the parties of the right to file
  929  exceptions to the recommended order and to file responses
  930  thereto in accordance with the Uniform Rules. The participating
  931  agencies of the state may opt at the preliminary hearing
  932  conference to allow the administrative law judge’s decision to
  933  constitute the final agency action. If a participating local
  934  government agrees to participate in the summary hearing
  935  provisions of s. 120.574 for purposes of review of local
  936  government comprehensive plan amendments, s. 163.3184(9) and
  937  (10) apply.
  938         (b) Challenges to state agency action in the expedited
  939  permitting process for establishment of a state-of-the-art
  940  biomedical research institution and campus in this state by the
  941  grantee under s. 288.955 or projects identified in paragraph
  942  (3)(f) are subject to the same requirements as challenges
  943  brought under paragraph (a), except that, notwithstanding s.
  944  120.574, summary proceedings must be conducted within 30 days
  945  after a party files the motion for summary hearing, regardless
  946  of whether the parties agree to the summary proceeding.
  947         (15) The Secretary office, working with the agencies
  948  providing cooperative assistance and input to participating in
  949  the memoranda of agreement, shall review sites proposed for the
  950  location of facilities eligible for the Innovation Incentive
  951  Program under s. 288.1089. Within 20 days after the request for
  952  the review by the Secretary office, the agencies shall provide
  953  to the office a statement as to each site’s necessary permits
  954  under local, state, and federal law and an identification of
  955  significant permitting issues, which if unresolved, may result
  956  in the denial of an agency permit or approval or any significant
  957  delay caused by the permitting process.
  958         (16) This expedited permitting process shall not modify,
  959  qualify, or otherwise alter existing agency nonprocedural
  960  standards for permit applications or local comprehensive plan
  961  amendments, unless expressly authorized by law. If it is
  962  determined that the applicant is not eligible to use this
  963  process, the applicant may apply for permitting of the project
  964  through the normal permitting processes.
  965         (17) The Secretary office shall be responsible for
  966  certifying a business as eligible for undergoing expedited
  967  review under this section. Enterprise Florida, Inc., a county or
  968  municipal government, or the Rural Economic Development
  969  Initiative may recommend to the Secretary Office of Tourism,
  970  Trade, and Economic Development that a project meeting the
  971  minimum job creation threshold undergo expedited review.
  972         (18) The Secretary office, working with the Rural Economic
  973  Development Initiative and the agencies participating in the
  974  memoranda of agreement, shall provide technical assistance in
  975  preparing permit applications and local comprehensive plan
  976  amendments for counties having a population of less than 75,000
  977  residents, or counties having fewer than 100,000 residents which
  978  are contiguous to counties having fewer than 75,000 residents.
  979  Additional assistance may include, but not be limited to,
  980  guidance in land development regulations and permitting
  981  processes, working cooperatively with state, regional, and local
  982  entities to identify areas within these counties which may be
  983  suitable or adaptable for preclearance review of specified types
  984  of land uses and other activities requiring permits.
  985         (19) The following projects are ineligible for review under
  986  this part:
  987         (a) A project funded and operated by a local government, as
  988  defined in s. 377.709, and located within that government’s
  989  jurisdiction.
  990         (b) A project, the primary purpose of which is to:
  991         1. Effect the final disposal of solid waste, biomedical
  992  waste, or hazardous waste in this state.
  993         2. Produce electrical power, unless the production of
  994  electricity is incidental and not the primary function of the
  995  project or the electrical power is derived from a renewable fuel
  996  source as defined by s. 366.91(2)(d).
  997         3. Extract natural resources.
  998         4. Produce oil.
  999         5. Construct, maintain, or operate an oil, petroleum,
 1000  natural gas, or sewage pipeline.
 1001         Section 22. Paragraph (e) of subsection (3) of section
 1002  258.42, Florida Statutes, is amended to read:
 1003         258.42 Maintenance of preserves.— The Board of Trustees of
 1004  the Internal Improvement Trust Fund shall maintain such aquatic
 1005  preserves subject to the following provisions:
 1006         (3)(e) There shall be no erection of structures within the
 1007  preserve, except:
 1008         1. Private residential docks may be approved for reasonable
 1009  ingress or egress of riparian owners. Slips located at private
 1010  residential single-family docks that contain boat lifts or
 1011  davits which do not float in the water when loaded may be roofed
 1012  but may not be, in whole or in part, enclosed with walls,
 1013  provided that the roof shall not overhang more than 1-foot
 1014  beyond the footprint of the boat lift. Such roofs may not be
 1015  considered to be part of the square footage calculations of the
 1016  terminal platform.
 1017         2. Private residential multislip docks may be approved if
 1018  located within a reasonable distance of a publicly maintained
 1019  navigation channel, or a natural channel of adequate depth and
 1020  width to allow operation of the watercraft for which the docking
 1021  facility is designed without the craft having an adverse impact
 1022  on marine resources. The distance shall be determined in
 1023  accordance with criteria established by the trustees by rule,
 1024  based on a consideration of the depth of the water, nature and
 1025  condition of bottom, and presence of manatees.
 1026         3. Commercial docking facilities shown to be consistent
 1027  with the use or management criteria of the preserve may be
 1028  approved if the facilities are located within a reasonable
 1029  distance of a publicly maintained navigation channel, or a
 1030  natural channel of adequate depth and width to allow operation
 1031  of the watercraft for which the docking facility is designed
 1032  without the craft having an adverse impact on marine resources.
 1033  The distance shall be determined in accordance with criteria
 1034  established by the trustees by rule, based on a consideration of
 1035  the depth of the water, nature and condition of bottom, and
 1036  presence of manatees.
 1037         4. Structures for shore protection, including restoration
 1038  of seawalls at their previous location or upland of or within 18
 1039  inches waterward of their previous location, approved
 1040  navigational aids, or public utility crossings authorized under
 1041  paragraph (a) may be approved.
 1042  
 1043  No structure under this paragraph or chapter 253 shall be
 1044  prohibited solely because the local government fails to adopt a
 1045  marina plan or other policies dealing with the siting of such
 1046  structures in its local comprehensive plan.
 1047         Section 23. Section 379.1051, Florida Statutes, is created
 1048  to read:
 1049         379.1051Regulation by local governments.—This provision is
 1050  intended to eliminate conflicts between the Fish and Wildlife
 1051  Conservation Commission and state agencies or local governments
 1052  relating to the regulation of wild animal life and fresh water
 1053  aquatic life. The Legislature recognizes that s. 9. Art. IV of
 1054  the State Constitution gives the commission the exclusive
 1055  regulatory and executive powers of the state with respect to
 1056  wild animal life and fresh water aquatic life. A state agency or
 1057  unit of local government may not impose any requirement that
 1058  creates additional restrictions or limitations on activities
 1059  conforming with commission rules, management plans, guidelines,
 1060  permits or other authorizations. Nothing in this section shall
 1061  affect a voluntary agreement between a landowner and a state
 1062  agency or other unit of government, or limit the authority of
 1063  local government as otherwise provided by law.
 1064         Section 24. This act shall take effect upon becoming law
 1065  and shall apply retroactively where expressly provided.
 1066  
 1067  ================= T I T L E  A M E N D M E N T ================
 1068         And the title is amended as follows:
 1069         Delete everything before the enacting clause
 1070  and insert:
 1071                        A bill to be entitled                      
 1072         An act relating to regulatory reform; providing for an
 1073         extension and renewal of certain permits, development
 1074         orders, or other land use approvals; providing for
 1075         retroactive application of the extension and renewal;
 1076         amending s. 120.569, F.S., providing for an electronic
 1077         notice of hearing rights; amending s. 120.60, F.S.,
 1078         relating to additional information for license
 1079         applications; providing for an agency to process a
 1080         permit application under certain circumstances;
 1081         amending s. 125.022, F.S.; providing that counties may
 1082         not require certain permits or approvals as a
 1083         condition of approving a development permit; creating
 1084         s. 161.032, F.S.; providing for review of
 1085         applications; providing requirements for timely
 1086         submittal of additional information requested;
 1087         providing circumstances in which an application may be
 1088         denied; amending s. 166.033, F.S.; providing that
 1089         municipalities may not require certain permits or
 1090         approvals as a condition of approving a development
 1091         permit; amending s. 253.034, F.S.; providing for the
 1092         deposition of dredged material on state-owned
 1093         submerged lands in certain circumstances and for
 1094         certain purposes; amending s. 373.026, F.S.; providing
 1095         for the expansion of Internet based self-certification
 1096         for exemptions and general permits; amending s.
 1097         373.441, F.S.; restricting the authority of the
 1098         Department of Environmental Protection and the
 1099         appropriate water management district to regulate
 1100         certain activities delegated to a county,
 1101         municipality, or local pollution control program;
 1102         providing exceptions; amending s. 373.4141, F.S.;
 1103         providing requirements for requests for additional
 1104         information; amending s. 373.079, F.S.; requiring the
 1105         water management district governing boards to delegate
 1106         certain permitting responsibilities to the district
 1107         executive directors; amending s. 373.083, F.S.;
 1108         requiring the delegation of certain authority by the
 1109         governing board to the executive director of the water
 1110         management district; providing an exception to
 1111         requirements of chapter 120; providing a prohibition;
 1112         amending s. 373.118, F.S.; providing for the
 1113         delegation of general permit authority by a water
 1114         management district governing board to the district
 1115         executive director; providing an exception to the
 1116         requirements of chapter 120; amending s. 373.236,
 1117         F.S.; providing for 50-year consumptive use permits in
 1118         certain circumstances; providing requirements for
 1119         issuance of a permit; amending s. 373.406, F.S.;
 1120         providing a permit exemption for certain public use
 1121         facilities on county-owned natural areas; creating s.
 1122         373.4061, F.S.; providing requirements for noticed
 1123         general permits for counties; providing requirements,
 1124         restrictions, and limitations; amending s. 403.061,
 1125         F.S.; amending the powers and duties of the Department
 1126         of Environmental Protection; providing that department
 1127         rules may include criteria for approval of certain
 1128         dock facilities; authorizing the department of
 1129         maintain certain lists of projects or activities that
 1130         meet specified mitigation or public interest
 1131         requirements; providing an exception; providing
 1132         restrictions; requiring the department of implement a
 1133         project management plan to implement e-permitting;
 1134         providing project requirements; requiring the
 1135         department to submit the plan to the President of the
 1136         Senate and the Speaker of the House of Representatives
 1137         by January 15, 2010; authorizing the department to
 1138         expand the use of Internet-based self certification
 1139         services for appropriate exemptions and general
 1140         permits; providing restrictions on local governments
 1141         relating to method or form of documentation; amending
 1142         s. 403.813, F.S.; relating to permits issued at
 1143         district centers; providing exceptions; amending s.
 1144         403.814, F.S.; directing the Department of
 1145         Environmental Protection to expand the use of
 1146         Internet-based self-certification services for
 1147         exemptions and general permits; requiring the
 1148         submission of a report to the President of the Senate
 1149         and the Speaker of the House of Representatives;
 1150         amending s. 403.973, F.S.; relating to expedited
 1151         permitting and comprehensive plan amendments;
 1152         specifying that certain biofuel projects are eligible
 1153         for expedited permitting; transferring certain
 1154         responsibilities from the Office of Tourism, Trade,
 1155         and Economic Development in the Executive Office of
 1156         the Governor to the Secretary of Environmental
 1157         Protection; revising the time by which certain final
 1158         orders must be issued; providing additional
 1159         requirements for recommended orders; amending s.
 1160         258.42, F.S.; authorizing the placement of roofs on
 1161         certain slips and private residential single-family
 1162         docks; providing that such roofs may not be included
 1163         in the calculation to determine the square footage of
 1164         the terminal platform; creating s. 379.1051, F.S.;
 1165         clarifying the authority of local governments and
 1166         state agencies to impose regulations on the taking of
 1167         wild animal life and fresh water aquatic life;
 1168         providing an effective date.