Florida Senate - 2009 CS for SB 2026
By the Committee on Community Affairs; and Senator Altman
578-03859-09 20092026c1
1 A bill to be entitled
2 An act relating to regulatory reform; providing for an
3 extension and renewal of certain permits, development
4 orders, or other land use approvals; providing for
5 retroactive application of the extension and renewal;
6 amending s. 120.569, F.S.; providing for an electronic
7 notice of hearing rights; amending s. 120.60, F.S.,
8 relating to additional information for license
9 applications; providing for an agency to process a
10 permit application under certain circumstances;
11 amending s. 125.022, F.S.; providing that counties may
12 not require certain permits or approvals as a
13 condition of approving a development permit; creating
14 s. 161.032, F.S.; providing for review of
15 applications; providing requirements for timely
16 submittal of additional information requested;
17 providing circumstances in which an application may be
18 denied; amending s. 166.033, F.S.; providing that
19 municipalities may not require certain permits or
20 approvals as a condition of approving a development
21 permit; amending s. 253.034, F.S.; providing for the
22 deposition of dredged material on state-owned
23 submerged lands in certain circumstances and for
24 certain purposes; amending s. 373.026, F.S.; providing
25 for the expansion of Internet-based self-certification
26 for exemptions and general permits; amending s.
27 373.441, F.S.; restricting the authority of the
28 Department of Environmental Protection and the
29 appropriate water management district to regulate
30 certain activities delegated to a county,
31 municipality, or local pollution control program;
32 providing exceptions; amending s. 373.4141, F.S.;
33 providing requirements for requests for additional
34 information; amending s. 373.079, F.S.; requiring the
35 water management district governing boards to delegate
36 certain permitting responsibilities to the district
37 executive directors; amending s. 373.083, F.S.;
38 requiring the delegation of certain authority by the
39 governing board to the executive director of the water
40 management district; providing an exception to
41 requirements of ch. 120, F.S.; providing a
42 prohibition; amending s. 373.118, F.S.; providing for
43 the delegation of general permit authority by a water
44 management district governing board to the district
45 executive director; providing an exception to the
46 requirements of ch. 120, F.S.; amending s. 373.236,
47 F.S.; providing for 50-year consumptive use permits in
48 certain circumstances; providing requirements for
49 issuance of a permit; amending s. 373.406, F.S.;
50 providing a permit exemption for certain public use
51 facilities on county-owned natural areas; creating s.
52 373.4061, F.S.; providing requirements for noticed
53 general permits for counties; providing requirements,
54 restrictions, and limitations; amending s. 403.061,
55 F.S.; amending the powers and duties of the Department
56 of Environmental Protection; providing that department
57 rules may include criteria for approval of certain
58 dock facilities; authorizing the department to
59 maintain certain lists of projects or activities that
60 meet specified mitigation or public-interest
61 requirements; providing an exception; providing
62 restrictions; requiring the department of implement a
63 project management plan to implement e-permitting;
64 providing project requirements; requiring the
65 department to submit the plan to the President of the
66 Senate and the Speaker of the House of Representatives
67 by January 15, 2010; authorizing the department to
68 expand the use of Internet-based self-certification
69 services for appropriate exemptions and general
70 permits; providing restrictions on local governments
71 relating to method or form of documentation; amending
72 s. 403.813, F.S., relating to permits issued at
73 district centers; providing exceptions; amending s.
74 403.814, F.S.; directing the Department of
75 Environmental Protection to expand the use of
76 Internet-based self-certification services for
77 exemptions and general permits; requiring the
78 submission of a report to the President of the Senate
79 and the Speaker of the House of Representatives;
80 amending s. 403.973, F.S., relating to expedited
81 permitting and comprehensive plan amendments;
82 specifying that certain biofuel projects are eligible
83 for expedited permitting; transferring certain
84 responsibilities from the Office of Tourism, Trade,
85 and Economic Development in the Executive Office of
86 the Governor to the Secretary of Environmental
87 Protection; revising the time by which certain final
88 orders must be issued; providing additional
89 requirements for recommended orders; amending s.
90 258.42, F.S.; authorizing the placement of roofs on
91 certain slips and private residential single-family
92 docks; providing that such roofs may not be included
93 in the calculation to determine the square footage of
94 the terminal platform; creating s. 379.1051, F.S.;
95 clarifying the authority of local governments and
96 state agencies to impose regulations on the taking of
97 wild animal life and fresh water aquatic life;
98 providing for retroactive application of specified
99 provisions; providing an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. (1) Except as provided in subsection (4), and in
104 recognition of the 2009 real estate market conditions, any
105 permit issued by the Department of Environmental Protection, any
106 permit issued by a water management district under part IV of
107 chapter 373, Florida Statutes, any development order issued by
108 the Department of Community Affairs pursuant to s. 380.06,
109 Florida Statutes, and any development order, building permit, or
110 other land use approval issued by a local government which
111 expired or will expire on or after September 1, 2008, but before
112 September 1, 2011, is extended and renewed for a period of 3
113 years following its date of expiration. For development orders
114 and land use approvals, including, but not limited to,
115 certificates of concurrency and development agreements, this
116 extension also includes phase, commencement, and buildout dates,
117 including any buildout date extension previously granted under
118 s. 380.06(19)(c), Florida Statutes. This subsection does not
119 prohibit conversion from the construction phase to the operation
120 phase upon completion of construction for combined construction
121 and operation permits.
122 (2) The completion date for any required mitigation
123 associated with a phased construction project shall be extended
124 and renewed so that mitigation takes place in the same timeframe
125 relative to the phase as originally permitted.
126 (3) The holder of an agency or district permit or a
127 development order, building permit, or other land use approval
128 issued by a local government which is eligible for the 3-year
129 extension shall notify the authorizing agency in writing no
130 later than September 30, 2010, identifying the specific
131 authorization for which the holder intends to use the extended
132 or renewed permit, order, or approval.
133 (4) The extensions and renewals provided for in subsection
134 (1) do not apply to:
135 (a) A permit or other authorization under any programmatic
136 or regional general permit issued by the United States Army
137 Corps of Engineers.
138 (b) An agency or district permit or a development order,
139 building permit, or other land use approval issued by a local
140 government and held by an owner or operator determined to be in
141 significant noncompliance with the conditions of the permit,
142 order, or approval as established through the issuance of a
143 warning letter or notice of violation, the initiation of formal
144 enforcement, or other equivalent action by the authorizing
145 agency.
146 (5) Permits, development orders, and other land use
147 approvals extended and renewed under this section shall continue
148 to be governed by rules in effect at the time the permit, order,
149 or approval was issued. This subsection applies to any
150 modification of the plans, terms, and conditions of such permit,
151 development order, or other land use approval which lessens the
152 environmental impact, except that any such modification shall
153 not extend the permit, order, or other land use approval beyond
154 the 3 years authorized under subsection (1).
155 Section 2. Subsection (1) of section 120.569, Florida
156 Statutes, is amended to read:
157 120.569 Decisions which affect substantial interests.—
158 (1) The provisions of this section apply in all proceedings
159 in which the substantial interests of a party are determined by
160 an agency, unless the parties are proceeding under s. 120.573 or
161 s. 120.574. Unless waived by all parties, s. 120.57(1) applies
162 whenever the proceeding involves a disputed issue of material
163 fact. Unless otherwise agreed, s. 120.57(2) applies in all other
164 cases. If a disputed issue of material fact arises during a
165 proceeding under s. 120.57(2), then, unless waived by all
166 parties, the proceeding under s. 120.57(2) shall be terminated
167 and a proceeding under s. 120.57(1) shall be conducted. Parties
168 shall be notified of any order, including a final order. Unless
169 waived, a copy of the order shall be delivered or mailed to each
170 party or the party’s attorney of record at the address of
171 record. Each notice shall inform the recipient of any
172 administrative hearing or judicial review that is available
173 under this section, s. 120.57, or s. 120.68; shall indicate the
174 procedure which must be followed to obtain the hearing or
175 judicial review; and shall state the time limits which apply.
176 Notwithstanding any other provision of law, notice of the
177 procedure to obtain an administrative hearing or judicial
178 review, including any items required by the Uniform Rules of
179 Procedure adopted pursuant to s. 120.54(5), may be provided via
180 a link to a publicly available Internet site.
181 Section 3. Subsection (1) of section 120.60, Florida
182 Statutes, is amended to read:
183 120.60 Licensing.—
184 (1) Upon receipt of an application for a license, an agency
185 shall examine the application and, within 30 days after such
186 receipt, notify the applicant of any apparent errors or
187 omissions and request any additional information the agency is
188 permitted by law to require. If the applicant believes that the
189 request for such additional information is not authorized by law
190 or agency rule, the agency, at the applicant’s request, shall
191 proceed to process the permit application. An agency shall not
192 deny a license for failure to correct an error or omission or to
193 supply additional information unless the agency timely notified
194 the applicant within this 30-day period. An application shall be
195 considered complete upon receipt of all requested information
196 and correction of any error or omission for which the applicant
197 was timely notified or when the time for such notification has
198 expired. Every application for a license shall be approved or
199 denied within 90 days after receipt of a completed application
200 unless a shorter period of time for agency action is provided by
201 law. The 90-day time period shall be tolled by the initiation of
202 a proceeding under ss. 120.569 and 120.57. Any application for a
203 license that is not approved or denied within the 90-day or
204 shorter time period, within 15 days after conclusion of a public
205 hearing held on the application, or within 45 days after a
206 recommended order is submitted to the agency and the parties,
207 whichever action and timeframe is latest and applicable, is
208 considered approved unless the recommended order recommends that
209 the agency deny the license. Subject to the satisfactory
210 completion of an examination if required as a prerequisite to
211 licensure, any license that is considered approved shall be
212 issued and may include such reasonable conditions as are
213 authorized by law. Any applicant for licensure seeking to claim
214 licensure by default under this subsection shall notify the
215 agency clerk of the licensing agency, in writing, of the intent
216 to rely upon the default license provision of this subsection,
217 and shall not take any action based upon the default license
218 until after receipt of such notice by the agency clerk.
219 Section 4. Section 125.022, Florida Statutes, is amended to
220 read:
221 125.022 Development permits.—When a county denies an
222 application for a development permit, the county shall give
223 written notice to the applicant. The notice must include a
224 citation to the applicable portions of an ordinance, rule,
225 statute, or other legal authority for the denial of the permit.
226 As used in this section, the term “development permit” has the
227 same meaning as in s. 163.3164. No county may require as a
228 condition of approval for a development permit that an applicant
229 obtain a permit or approval from any other state or federal
230 agency. Issuance of a development permit by a county does not in
231 any way create any rights on the part of an applicant to obtain
232 a permit from another state or federal agency and does not
233 create any liability on the part of the county for issuance of
234 the permit in the event that an applicant fails to fulfill its
235 legal obligations to obtain requisite approvals or fulfill the
236 obligations imposed by other state or federal agencies. Counties
237 may attach this disclaimer to the issuance of development
238 permits and may include a permit condition that all other
239 applicable state or federal permits must be obtained prior to
240 development. This shall not be construed to prohibit a county
241 from providing information to an applicant regarding what other
242 state or federal permits may be applicable.
243 Section 5. Section 161.032, Florida Statutes, is created to
244 read:
245 161.032 Application reviews; additional information.—
246 (1) Within 30 days after receipt of an application for a
247 permit under this part, the department shall review the
248 application and shall request submittal of all additional
249 information the department is permitted by law or rule to
250 require. If the applicant believes any request for additional
251 information is not authorized by law or rule, the applicant may
252 request a hearing pursuant to s. 120.57. Within 30 days after
253 receipt of such additional information, the department shall
254 review it and may request only that information needed to
255 clarify such additional information or to answer new questions
256 raised by or directly related to such additional information. If
257 the applicant believes the request of the department for such
258 additional information is not authorized by law or rule, the
259 department, at the applicant’s request, shall proceed to process
260 the permit application.
261 (2) Notwithstanding the provisions of s. 120.60, an
262 applicant for a permit under this part shall have 90 days
263 following the date of a timely request for additional
264 information to submit that information. If an applicant requires
265 more than 90 days in which to respond to a request for
266 additional information, the applicant may notify the agency
267 processing the permit application in writing of the
268 circumstances, at which time the application shall be held in
269 active status for no more than one additional period of up to 90
270 days. Additional extensions may be granted for good cause shown
271 by the applicant. A showing that the applicant is making a
272 diligent effort to obtain the requested additional information
273 constitutes good cause. Failure of an applicant to provide the
274 timely requested information by the applicable deadline shall
275 result in denial of the application without prejudice.
276 Section 6. Section 166.033, Florida Statutes, is amended to
277 read:
278 166.033 Development permits.—When a municipality denies an
279 application for a development permit, the municipality shall
280 give written notice to the applicant. The notice must include a
281 citation to the applicable portions of an ordinance, rule,
282 statute, or other legal authority for the denial of the permit.
283 As used in this section, the term “development permit” has the
284 same meaning as in s. 163.3164. No municipality may require as a
285 condition of approval for a development permit that an applicant
286 obtain a permit or approval from any other state or federal
287 agency. Issuance of a development permit by a municipality does
288 not in any way create any rights on the part of an applicant to
289 obtain a permit from another state or federal agency and does
290 not create any liability on the part of the municipality for
291 issuance of the permit in the event that an applicant fails to
292 fulfill its legal obligations to obtain requisite approvals or
293 fulfill the obligations imposed by other state or federal
294 agencies. Municipalities may attach this disclaimer to the
295 issuance of development permits and may include a permit
296 condition that all other applicable state or federal permits
297 must be obtained prior to development. This shall not be
298 construed to prohibit a municipality from providing information
299 to an applicant regarding what other state or federal permits
300 may be applicable.
301 Section 7. Present subsection (14) of section 253.034,
302 Florida Statutes, is renumbered as subsection (15), and a new
303 subsection (14) is added to that section, to read:
304 253.034 State-owned lands; uses.—
305 (14) Deposition of dredged material on state-owned
306 submerged lands for the purpose of restoring previously dredged
307 holes to natural conditions shall be conducted in such a manner
308 as to maximize environmental benefits. In such cases, the
309 dredged material shall be placed in the dredge hole at an
310 elevation consistent with the surrounding area to allow light
311 penetration so as to maximize propagation of native vegetation.
312 When available dredged material is of insufficient quantity to
313 raise the entire dredge hole to prior natural elevations,
314 placement shall be limited to a portion of the dredge hole where
315 elevations can be restored to natural elevations.
316 Section 8. Subsection (10) is added to section 373.026,
317 Florida Statutes, to read:
318 373.026 General powers and duties of the department.—The
319 department, or its successor agency, shall be responsible for
320 the administration of this chapter at the state level. However,
321 it is the policy of the state that, to the greatest extent
322 possible, the department may enter into interagency or
323 interlocal agreements with any other state agency, any water
324 management district, or any local government conducting programs
325 related to or materially affecting the water resources of the
326 state. All such agreements shall be subject to the provisions of
327 s. 373.046. In addition to its other powers and duties, the
328 department shall, to the greatest extent possible:
329 (10) Expand the use of Internet-based self-certification
330 services for appropriate exemptions and general permits issued
331 by the department and water management districts. In addition to
332 expanding the use of Internet-based self-certification services
333 for appropriate exemptions and general permits, the department
334 and water management districts shall identify and develop
335 general permits for activities currently requiring individual
336 review which could be expedited through the use of professional
337 certifications.
338 Section 9. Subsection (4) is added to section 373.441,
339 Florida Statutes, to read:
340 373.441 Role of counties, municipalities, and local
341 pollution control programs in permit processing.—
342 (4) Activities subject to a permit issued under authority
343 delegated to a county, municipality, or local pollution control
344 program by the department or the appropriate water management
345 district may not be regulated by the department or the district
346 unless such regulation is required pursuant to the delegation
347 agreement.
348 Section 10. Subsection (2) of section 373.4141, Florida
349 Statutes, is amended to read:
350 373.4141 Permits; processing.—
351 (2) Notwithstanding the provisions of s. 120.60, an
352 applicant for a permit under this part shall have 90 days
353 following the date of a timely request for additional
354 information to submit that information. If an applicant requires
355 more than 90 days in which to respond to a request for
356 additional information, the applicant may notify the agency
357 processing the permit application in writing of the
358 circumstances, at which time the application shall be held in
359 active status for no more than one additional period of up to 90
360 days. Additional extensions may be granted for good cause shown
361 by the applicant. A showing that the applicant is making a
362 diligent effort to obtain the requested additional information
363 constitutes good cause. Failure of an applicant to provide the
364 timely requested information by the applicable deadline shall
365 result in denial of the application without prejudice. A permit
366 shall be approved or denied within 90 days after receipt of the
367 original application, the last item of timely requested
368 additional material, or the applicant’s written request to begin
369 processing the permit application.
370 Section 11. Paragraph (a) of subsection (4) of section
371 373.079, Florida Statutes, is amended to read:
372 373.079 Members of governing board; oath of office; staff.—
373 (4)(a) The governing board of the district is authorized to
374 employ an executive director, ombudsman, and such engineers,
375 other professional persons, and other personnel and assistants
376 as it deems necessary and under such terms and conditions as it
377 may determine and to terminate such employment. The appointment
378 of an executive director by the governing board is subject to
379 approval by the Governor and must be initially confirmed by the
380 Florida Senate. The governing board may delegate all or part of
381 its authority under this paragraph to the executive director.
382 However, the governing board shall delegate all of its authority
383 to take final action on permit applications under part II or
384 part IV, or petitions for variances or waivers of permitting
385 requirements under part II or part IV, except as provided for
386 under ss. 373.083(5) and 373.118(4). This delegation is not
387 subject to the rulemaking requirements of chapter 120. The
388 executive director must be confirmed by the Senate upon
389 employment and must be confirmed or reconfirmed by the Senate
390 during the second regular session of the Legislature following a
391 gubernatorial election.
392 Section 12. Subsection (5) of section 373.083, Florida
393 Statutes, is amended to read:
394 373.083 General powers and duties of the governing board.—
395 In addition to other powers and duties allowed it by law, the
396 governing board is authorized to:
397 (5) Execute any of the powers, duties, and functions vested
398 in the governing board through a member or members thereof, the
399 executive director, or other district staff as designated by the
400 governing board. The governing board may establish the scope and
401 terms of any delegation. However, if The governing board shall
402 delegate to the executive director delegates the authority to
403 take final action on permit applications under part II or part
404 IV, or petitions for variances or waivers of permitting
405 requirements under part II or part IV, and this delegation is
406 not subject to the rulemaking requirements of chapter 120.
407 However, the governing board shall provide a process for
408 referring any denial of such application or petition to the
409 governing board to take final action. Such process shall
410 expressly prohibit any member of a governing board from
411 intervening in the review of an application prior to the
412 application being referred to the governing board to final
413 action. The authority in this subsection is supplemental to any
414 other provision of this chapter granting authority to the
415 governing board to delegate specific powers, duties, or
416 functions.
417 Section 13. Subsection (4) of section 373.118, Florida
418 Statutes, is amended to read:
419 373.118 General permits; delegation.—
420 (4) To provide for greater efficiency, the governing board
421 shall may delegate by rule its powers and duties pertaining to
422 general permits to the executive director and this delegation is
423 not subject to the rulemaking requirements of chapter 120. The
424 executive director may execute such delegated authority through
425 designated staff. However, when delegating the authority to take
426 final action on permit applications under part II or part IV or
427 petitions for variances or waivers of permitting requirements
428 under part II or part IV, the governing board shall provide a
429 process for referring any denial of such application or petition
430 to the governing board to take such final action.
431 Section 14. Subsection (6) is added to section 373.236,
432 Florida Statutes, to read:
433 373.236 Duration of permits; compliance reports.—
434 (6)(a) The need for alternative water supply development
435 projects to meet anticipated public water supply demands of the
436 state is such that it is essential to encourage participation in
437 and contribution to such projects by private rural landowners
438 who characteristically have relatively modest near-term water
439 demands but substantially increasing demands after the 20-year
440 planning horizon provided in s. 373.0361. Where such landowners
441 make extraordinary contributions of lands or construction
442 funding to enable the expeditious implementation of such
443 projects, water management districts and the department are
444 authorized to grant permits for such projects for a period of up
445 to 50 years to municipalities, counties, special districts,
446 regional water supply authorities, multijurisdictional water
447 supply entities, and publicly owned or privately owned utilities
448 created for or by the private landowners on or before April 1,
449 2009, which entities have entered into an agreement with the
450 private landowner, for the purposes of more efficiently pursuing
451 alternative public water supply development projects identified
452 in a district’s regional water supply plan and meeting water
453 demands of both the applicant and the landowner.
454 (b) Any permit pursuant to paragraph (a) shall be granted
455 only for that period of time for which there is sufficient data
456 to provide reasonable assurance that the conditions for permit
457 issuance will be met. Such a permit shall require a compliance
458 report by the permittee every 5 years during the term of the
459 permit. The report shall contain sufficient data to maintain
460 reasonable assurance that the conditions for permit issuance,
461 applicable at the time of district review of the compliance
462 report, are met. Following review of the report, the governing
463 board or the department may modify the permit to ensure that the
464 use meets the conditions for issuance.
465
466 This subsection shall not be construed to limit the authority of
467 the department or a water management district governing board to
468 modify or revoke a consumptive use permit.
469 Section 15. Subsection (12) is added to section 373.406,
470 Florida Statutes, to read:
471 373.406 Exemptions.—The following exemptions shall apply:
472 (12)(a) Construction of public use facilities in accordance
473 with Florida Communities Trust grant-approved projects on
474 county-owned natural lands. Such facilities may include a
475 parking lot, including an access road, not to exceed a total
476 size of 0.7 acres that is located entirely in uplands; at-grade
477 access trails located entirely in uplands; pile-supported
478 boardwalks having a maximum width of 6 feet, with exceptions for
479 ADA compliance; and pile-supported observation platforms each of
480 which shall not exceed 120 square feet in size.
481 (b) No fill shall be placed in, on, or over wetlands or
482 other surface waters except pilings for boardwalks and
483 observation platforms, all of which structures located in, on,
484 or over wetlands and other surface waters shall be sited,
485 constructed, and elevated to minimize adverse impacts to native
486 vegetation and shall be limited to an over-water surface area
487 not to exceed 0.5 acres. All stormwater flow from roads, parking
488 areas, and trails shall sheet flow into uplands, and the use of
489 pervious pavement is encouraged.
490 Section 16. Section 373.4061, Florida Statutes, is created
491 to read:
492 373.4061 Noticed general permit to counties for
493 environmental restoration activities.—
494 (1) A general permit is hereby granted to counties to
495 construct, operate, alter, maintain, or remove systems for the
496 purposes of environmental restoration or water quality
497 improvements, subject to the limitations and conditions of this
498 section.
499 (2) The following restoration activities are authorized by
500 this general permit:
501 (a) Backfilling of existing agricultural or drainage
502 ditches for the sole purpose of restoring a more natural
503 hydroperiod to publicly owned lands, provided that adjacent
504 properties are not adversely affected;
505 (b) Placement of riprap within 15 feet waterward of the
506 mean or ordinary high-water line for the purpose of preventing
507 or abating erosion of a predominantly natural shoreline,
508 provided that mangrove, seagrass, coral, sponge, and other
509 protected marine communities are not adversely affected;
510 (c) Placement of riprap within 10 feet waterward of an
511 existing seawall or bulkhead and backfilling of the area between
512 the riprap and seawall or bulkhead with clean fill for the sole
513 purpose of planting mangroves and Spartina sp., provided that
514 seagrass, coral, sponge, and other protected marine communities
515 are not adversely affected;
516 (d) Scrape down of spoil islands to an intertidal elevation
517 or a lower elevation at which light penetration is expected to
518 allow for seagrass recruitment;
519 (e) Backfilling of existing dredge holes that are at least
520 5 feet deeper than surrounding natural grades to an intertidal
521 elevation if doing so provides a regional net environmental
522 benefit or, at a minimum, to an elevation at which light
523 penetration is expected to allow for seagrass recruitment, with
524 no more than minimum displacement of highly organic sediments;
525 and
526 (f) Placement of rock riprap or clean concrete in existing
527 dredge holes that are at least 5 feet deeper than surrounding
528 natural grades, provided that placed rock or concrete does not
529 protrude above surrounding natural grades.
530 (3) In order to qualify for this general permit, the
531 activity must comply with the following:
532 (a) The project must be included in a management plan that
533 has been the subject of at least one public workshop;
534 (b) The county commission must conduct at least one public
535 hearing within 1 year before project initiation;
536 (c) No activity under this part may be considered as
537 mitigation for any other project;
538 (d) Activities in tidal waters are limited to those
539 waterbodies given priority restoration status pursuant to s.
540 373.453(1)(c); and
541 (e) Prior to submittal of a notice to use this general
542 permit, the county shall conduct at least one preapplication
543 meeting with appropriate district or department staff to discuss
544 project designs, implementation details, resource concerns, and
545 conditions for meeting applicable state water quality standards.
546 (4) This general permit shall be subject to the following
547 specific conditions:
548 (a) A project under this general permit shall not
549 significantly impede navigation or unreasonably infringe upon
550 the riparian rights of others. When a court of competent
551 jurisdiction determines that riparian rights have been
552 unlawfully affected, the structure or activity shall be modified
553 in accordance with the court’s decision;
554 (b) All erodible surfaces, including intertidal slopes
555 shall be revegetated with appropriate native plantings within 72
556 hours after completion of construction;
557 (c) Riprap material shall be clean limestone, granite, or
558 other native rock 1 foot to 3 feet in diameter;
559 (d) Fill material used to backfill dredge holes or seawall
560 planter areas shall be local, native material legally removed
561 from nearby submerged lands or shall be material brought to the
562 site, either of which shall comply with the standard of not more
563 than 10 percent of the material passing through a #200 standard
564 sieve and containing no more than 10 percent organic content,
565 and is free of contaminants that will cause violations of state
566 water quality standards;
567 (e) Turbidity shall be monitored and controlled at all
568 times such that turbidity immediately outside the project area
569 complies with rules 62-302 and 62-4.242, Florida Administrative
570 Code;
571 (f) Equipment, barges, and staging areas shall not be
572 stored or operated over seagrass, coral, sponge, or other
573 protected marine communities;
574 (g) Structures shall be maintained in a functional
575 condition and shall be repaired or removed if they become
576 dilapidated to such an extent that they are no longer
577 functional. This shall not be construed to prohibit the repair
578 or replacement subject to the provisions of rule 18-21.005,
579 Florida Administrative Code within 1 year after a structure is
580 damaged in a discrete event such as a storm, flood, accident, or
581 fire;
582 (h) All work under this general permit shall be conducted
583 in conformance with the general conditions of rule 62-341.215,
584 Florida Administrative Code;
585 (i) Construction, use, or operation of the structure or
586 activity shall not adversely affect any species that is
587 endangered, threatened or of special concern, as listed in rules
588 68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
589 Code; and
590 (j) The activity may not adversely impact vessels or
591 structures of archaeological or historical value relating to the
592 history, government, and culture of the state which are defined
593 as historic properties in s. 267.021(3).
594 (5) The district or department, as applicable, shall
595 provide written notification as to whether the proposed activity
596 qualifies for the general permit within 30 days after receipt of
597 written notice of a county’s intent to use the general permit.
598 If the district or department notifies the county that the
599 system does not qualify for a noticed general permit due to an
600 error or omission in the original notice to the district or the
601 department, the county shall have 30 days from the date of the
602 notification to amend the notice to use the general permit and
603 submit such additional information to correct such error or
604 omission.
605 (6) This general permit constitutes a letter of consent by
606 the Board of Trustees of the Internal Improvement Trust Fund
607 under chapters 253 and 258, where applicable, and chapters 18
608 18, 18-20, and 18-21, Florida Administrative Code, where
609 applicable, for the county to enter upon and use state-owned
610 submerged lands to the extent necessary to complete the
611 activities. No activities conducted under this general permit
612 shall divest the State of Florida from the continued ownership
613 of lands that were state-owned, sovereign submerged lands prior
614 to any use, construction, or implementation of this general
615 permit.
616 Section 17. Subsection (29) of section 403.061, Florida
617 Statutes, is amended, present subsection (40) of that section is
618 redesignated as subsection (43), and new subsections (40), (41),
619 and (42) are added to that section, to read:
620 403.061 Department; powers and duties.—The department shall
621 have the power and the duty to control and prohibit pollution of
622 air and water in accordance with the law and rules adopted and
623 promulgated by it and, for this purpose, to:
624 (29) Adopt by rule special criteria to protect Class II
625 shellfish harvesting waters. Rules previously adopted by the
626 department in rule 17-4.28(8)(a), Florida Administrative Code,
627 are hereby ratified and determined to be a valid exercise of
628 delegated legislative authority and shall remain in effect
629 unless amended by the Environmental Regulation Commission. Such
630 rules may include special criteria for approval of docking
631 facilities that have 10 or fewer slips if construction and
632 operation of such facilities will not result in the closure of
633 shellfish waters.
634 (40) Maintain a list of projects or activities, including
635 mitigation banks, which applicants may consider when developing
636 proposals to meet the mitigation or public-interest requirements
637 of chapter 253, chapter 373, or this chapter. The contents of
638 such a list are not a rule as defined in chapter 120, and
639 listing a specific project or activity does not imply approval
640 by the department for such project or activity. Each county
641 government is encouraged to develop an inventory of projects or
642 activities for inclusion on the list by obtaining input from
643 local stakeholder groups in the public, private, and nonprofit
644 sectors, including local governments, port authorities, marine
645 contractors, other representatives of the marine construction
646 industry, environmental or conservation organizations, and other
647 interested parties. Counties may establish dedicated funds for
648 depositing public-interest donations into a reserve for future
649 public-interest projects, including improvements to on-water law
650 enforcement activities.
651 (41) Develop a project management plan to implement an e
652 permitting program that allows for timely submittal and exchange
653 of permit application and compliance information and that yields
654 positive benefits in support of the department’s mission, permit
655 applicants, permitholders, and the public. The plan shall
656 include an implementation timetable, estimated costs, and
657 transaction fees. The department shall submit the plan to the
658 President of the Senate, the Speaker of the House of
659 Representatives, and the Legislative Committee on
660 Intergovernmental Relations by January 15, 2010.
661 (42) Expand the use of Internet-based self-certification
662 services for appropriate exemptions and general permits issued
663 by the department. Notwithstanding any other provision of law, a
664 local government is prohibited from specifying the method or
665 form of documentation that a project meets the provisions for
666 authorization under chapter 161, chapter 253, chapter 373, or
667 this chapter. This shall include Internet-based programs of the
668 department or water management district which provide for self
669 certification.
670 (43)(40) Serve as the state’s single point of contact for
671 performing the responsibilities described in Presidential
672 Executive Order 12372, including administration and operation of
673 the Florida State Clearinghouse. The Florida State Clearinghouse
674 shall be responsible for coordinating interagency reviews of the
675 following: federal activities and actions subject to the federal
676 consistency requirements of s. 307 of the Coastal Zone
677 Management Act; documents prepared pursuant to the National
678 Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
679 Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
680 applications for federal funding pursuant to s. 216.212; and
681 other notices and information regarding federal activities in
682 the state, as appropriate. The Florida State Clearinghouse shall
683 ensure that state agency comments and recommendations on the
684 environmental, social, and economic impact of proposed federal
685 actions are communicated to federal agencies, applicants, local
686 governments, and interested parties.
687
688 The department shall implement such programs in conjunction with
689 its other powers and duties and shall place special emphasis on
690 reducing and eliminating contamination that presents a threat to
691 humans, animals or plants, or to the environment.
692 Section 18. Subsections (1) and (2) of section 403.813,
693 Florida Statutes, are amended to read:
694 403.813 Permits issued at district centers; exceptions.—
695 (1) A permit is not required under this chapter, chapter
696 373, chapter 61-691, Laws of Florida, or chapter 25214 or
697 chapter 25270, 1949, Laws of Florida, for activities associated
698 with the following types of projects; however, except as
699 otherwise provided in this subsection, nothing in this
700 subsection does not relieve relieves an applicant from any
701 requirement to obtain permission to use or occupy lands owned by
702 the Board of Trustees of the Internal Improvement Trust Fund or
703 any water management district in its governmental or proprietary
704 capacity or from complying with applicable local pollution
705 control programs authorized under this chapter or other
706 requirements of county and municipal governments:
707 (a) The installation of overhead transmission lines, with
708 support structures which are not constructed in waters of the
709 state and which do not create a navigational hazard.
710 (b) The installation and repair of mooring pilings and
711 dolphins associated with private docking facilities or piers and
712 the installation of private docks, piers and recreational
713 docking facilities, or piers and recreational docking facilities
714 of local governmental entities when the local governmental
715 entity’s activities will not take place in any manatee habitat,
716 any of which docks:
717 1. Has 500 square feet or less of over-water surface area
718 for a dock which is located in an area designated as Outstanding
719 Florida Waters or 1,000 square feet or less of over-water
720 surface area for a dock which is located in an area which is not
721 designated as Outstanding Florida Waters;
722 2. Is constructed on or held in place by pilings or is a
723 floating dock which is constructed so as not to involve filling
724 or dredging other than that necessary to install the pilings;
725 3. Shall not substantially impede the flow of water or
726 create a navigational hazard;
727 4. Is used for recreational, noncommercial activities
728 associated with the mooring or storage of boats and boat
729 paraphernalia; and
730 5. Is the sole dock constructed pursuant to this exemption
731 as measured along the shoreline for a distance of 65 feet,
732 unless the parcel of land or individual lot as platted is less
733 than 65 feet in length along the shoreline, in which case there
734 may be one exempt dock allowed per parcel or lot.
735
736 Nothing in this paragraph shall prohibit the department from
737 taking appropriate enforcement action pursuant to this chapter
738 to abate or prohibit any activity otherwise exempt from
739 permitting pursuant to this paragraph if the department can
740 demonstrate that the exempted activity has caused water
741 pollution in violation of this chapter.
742 (c) The installation and maintenance to design
743 specifications of boat ramps on artificial bodies of water where
744 navigational access to the proposed ramp exists or the
745 installation of boat ramps open to the public in any waters of
746 the state where navigational access to the proposed ramp exists
747 and where the construction of the proposed ramp will be less
748 than 30 feet wide and will involve the removal of less than 25
749 cubic yards of material from the waters of the state, and the
750 maintenance to design specifications of such ramps; however, the
751 material to be removed shall be placed upon a self-contained
752 upland site so as to prevent the escape of the spoil material
753 into the waters of the state.
754 (d) The replacement or repair of existing docks and piers,
755 except that no fill material is to be used and provided that the
756 replacement or repaired dock or pier is in the same location and
757 of the same configuration and dimensions as the dock or pier
758 being replaced or repaired. This does not preclude the use of
759 different construction materials or minor deviations to allow
760 upgrades to current structural and design standards.
761 (2) The provisions of subsection (1) (2) are superseded by
762 general permits established pursuant to ss. 373.118 and 403.814
763 which include the same activities. Until such time as general
764 permits are established, or if should general permits are be
765 suspended or repealed, the exemptions under subsection (1) (2)
766 shall remain or shall be reestablished in full force and effect.
767 Section 19. Subsection (12) is added to section 403.814,
768 Florida Statutes, to read:
769 403.814 General permits; delegation.—
770 (12) The department shall expand the use of Internet-based
771 self-certification services for appropriate exemptions and
772 general permits issued by the department and water management
773 districts. In addition, the department shall identify and
774 develop general permits for activities currently requiring
775 individual review which could be expedited through the use of
776 professional certifications. The department shall submit a
777 report on progress of these efforts to the President of the
778 Senate and the Speaker of the House of Representatives by
779 January 15, 2010.
780 Section 20. Section 403.973, Florida Statutes, is amended
781 to read:
782 403.973 Expedited permitting; comprehensive plan
783 amendments.—
784 (1) It is the intent of the Legislature to encourage and
785 facilitate the location and expansion of those types of economic
786 development projects which offer job creation and high wages,
787 strengthen and diversify the state’s economy, and have been
788 thoughtfully planned to take into consideration the protection
789 of the state’s environment. It is also the intent of the
790 Legislature to provide for an expedited permitting and
791 comprehensive plan amendment process for such projects.
792 (2) As used in this section, the term:
793 (a) “Duly noticed” means publication in a newspaper of
794 general circulation in the municipality or county with
795 jurisdiction. The notice shall appear on at least 2 separate
796 days, one of which shall be at least 7 days before the meeting.
797 The notice shall state the date, time, and place of the meeting
798 scheduled to discuss or enact the memorandum of agreement, and
799 the places within the municipality or county where such proposed
800 memorandum of agreement may be inspected by the public. The
801 notice must be one-eighth of a page in size and must be
802 published in a portion of the paper other than the legal notices
803 section. The notice shall also advise that interested parties
804 may appear at the meeting and be heard with respect to the
805 memorandum of agreement.
806 (b) “Jobs” means permanent, full-time equivalent positions
807 not including construction jobs.
808 (c) “Office” means the Office of Tourism, Trade, and
809 Economic Development.
810 (c)(d) “Permit applications” means state permits and
811 licenses, and at the option of a participating local government,
812 local development permits or orders.
813 (d) “Secretary” means the Secretary of Environmental
814 Protection, or his or her designee.
815 (3)(a) The secretary Governor, through the office, shall
816 direct the creation of regional permit action teams, for the
817 purpose of expediting review of permit applications and local
818 comprehensive plan amendments submitted by:
819 1. Businesses creating at least 50 100 jobs, or
820 2. Businesses creating at least 25 50 jobs if the project
821 is located in an enterprise zone, or in a county having a
822 population of less than 75,000 or in a county having a
823 population of less than 100,000 which is contiguous to a county
824 having a population of less than 75,000, as determined by the
825 most recent decennial census, residing in incorporated and
826 unincorporated areas of the county, or
827 (b) On a case-by-case basis and at the request of a county
828 or municipal government, the secretary office may certify as
829 eligible for expedited review a project not meeting the minimum
830 job creation thresholds but creating a minimum of 10 jobs. The
831 recommendation from the governing body of the county or
832 municipality in which the project may be located is required in
833 order for the secretary office to certify that any project is
834 eligible for expedited review under this paragraph. When
835 considering projects that do not meet the minimum job creation
836 thresholds but that are recommended by the governing body in
837 which the project may be located, the secretary office shall
838 consider economic impact factors that include, but are not
839 limited to:
840 1. The proposed wage and skill levels relative to those
841 existing in the area in which the project may be located;
842 2. The project’s potential to diversify and strengthen the
843 area’s economy;
844 3. The amount of capital investment; and
845 4. The number of jobs that will be made available for
846 persons served by the welfare transition program.
847 (c) At the request of a county or municipal government, the
848 secretary office or a Quick Permitting County may certify
849 projects located in counties where the ratio of new jobs per
850 participant in the welfare transition program, as determined by
851 Workforce Florida, Inc., is less than one or otherwise critical,
852 as eligible for the expedited permitting process. Such projects
853 must meet the numerical job creation criteria of this
854 subsection, but the jobs created by the project do not have to
855 be high-wage jobs that diversify the state’s economy.
856 (d) Projects located in a designated brownfield area are
857 eligible for the expedited permitting process.
858 (e) Projects that are part of the state-of-the-art
859 biomedical research institution and campus to be established in
860 this state by the grantee under s. 288.955 are eligible for the
861 expedited permitting process, if the projects are designated as
862 part of the institution or campus by the board of county
863 commissioners of the county in which the institution and campus
864 are established.
865 (f) Projects resulting in the cultivation of biofuel
866 feedstock on lands 1,000 acres or larger or the construction of
867 a biofuel or biodiesel processing facility or renewable energy
868 generating facility as defined in s. 366.91(2)(d) are eligible
869 for the expedited permitting process.
870 (4) The regional teams shall be established through the
871 execution of memoranda of agreement developed by the applicant
872 and between the secretary, with input solicited from office and
873 the respective heads of the Department of Environmental
874 Protection, the Department of Community Affairs, the Department
875 of Transportation and its district offices, the Department of
876 Agriculture and Consumer Services, the Fish and Wildlife
877 Conservation Commission, appropriate regional planning councils,
878 appropriate water management districts, and voluntarily
879 participating municipalities and counties. The memoranda of
880 agreement should also accommodate participation in this
881 expedited process by other local governments and federal
882 agencies as circumstances warrant.
883 (5) In order to facilitate local government’s option to
884 participate in this expedited review process, the secretary
885 office shall, in cooperation with local governments and
886 participating state agencies, create a standard form memorandum
887 of agreement. A local government shall hold a duly noticed
888 public workshop to review and explain to the public the
889 expedited permitting process and the terms and conditions of the
890 standard form memorandum of agreement.
891 (6) The local government shall hold a duly noticed public
892 hearing to execute a memorandum of agreement for each qualified
893 project. Notwithstanding any other provision of law, and at the
894 option of the local government, the workshop provided for in
895 subsection (5) may be conducted on the same date as the public
896 hearing held under this subsection. The memorandum of agreement
897 that a local government signs shall include a provision
898 identifying necessary local government procedures and time
899 limits that will be modified to allow for the local government
900 decision on the project within 90 days. The memorandum of
901 agreement applies to projects, on a case-by-case basis, that
902 qualify for special review and approval as specified in this
903 section. The memorandum of agreement must make it clear that
904 this expedited permitting and review process does not modify,
905 qualify, or otherwise alter existing local government
906 nonprocedural standards for permit applications, unless
907 expressly authorized by law.
908 (7) At the option of the participating local government,
909 appeals of local government approvals its final approval for a
910 project shall may be pursuant to the summary hearing provisions
911 of s. 120.574, pursuant to subsection (14), and be consolidated
912 with the challenge of applicable state agency actions, if any or
913 pursuant to other appellate processes available to the local
914 government. The local government’s decision to enter into a
915 summary hearing must be made as provided in s. 120.574 or in the
916 memorandum of agreement.
917 (8) Each memorandum of agreement shall include a process
918 for final agency action on permit applications and local
919 comprehensive plan amendment approvals within 90 days after
920 receipt of a completed application, unless the applicant agrees
921 to a longer time period or the secretary office determines that
922 unforeseen or uncontrollable circumstances preclude final agency
923 action within the 90-day timeframe. Permit applications governed
924 by federally delegated or approved permitting programs whose
925 requirements would prohibit or be inconsistent with the 90-day
926 timeframe are exempt from this provision, but must be processed
927 by the agency with federally delegated or approved program
928 responsibility as expeditiously as possible.
929 (9) The secretary office shall inform the Legislature by
930 October 1 of each year to which agencies have not entered into
931 or implemented an agreement and identify any barriers to
932 achieving success of the program.
933 (10) The memoranda of agreement may provide for the waiver
934 or modification of procedural rules prescribing forms, fees,
935 procedures, or time limits for the review or processing of
936 permit applications under the jurisdiction of those agencies
937 that are party to the memoranda of agreement. Notwithstanding
938 any other provision of law to the contrary, a memorandum of
939 agreement must to the extent feasible provide for proceedings
940 and hearings otherwise held separately by the parties to the
941 memorandum of agreement to be combined into one proceeding or
942 held jointly and at one location. Such waivers or modifications
943 shall not be available for permit applications governed by
944 federally delegated or approved permitting programs, the
945 requirements of which would prohibit, or be inconsistent with,
946 such a waiver or modification.
947 (11) The standard form memoranda of agreement shall include
948 guidelines to be used in working with state, regional, and local
949 permitting authorities. Guidelines may include, but are not
950 limited to, the following:
951 (a) A central contact point for filing permit applications
952 and local comprehensive plan amendments and for obtaining
953 information on permit and local comprehensive plan amendment
954 requirements;
955 (b) Identification of the individual or individuals within
956 each respective agency who will be responsible for processing
957 the expedited permit application or local comprehensive plan
958 amendment for that agency;
959 (c) A mandatory preapplication review process to reduce
960 permitting conflicts by providing guidance to applicants
961 regarding the permits needed from each agency and governmental
962 entity, site planning and development, site suitability and
963 limitations, facility design, and steps the applicant can take
964 to ensure expeditious permit application and local comprehensive
965 plan amendment review. As a part of this process, the first
966 interagency meeting to discuss a project shall be held within 14
967 days after the secretary’s office’s determination that the
968 project is eligible for expedited review. Subsequent interagency
969 meetings may be scheduled to accommodate the needs of
970 participating local governments that are unable to meet public
971 notice requirements for executing a memorandum of agreement
972 within this timeframe. This accommodation may not exceed 45 days
973 from the office’s determination that the project is eligible for
974 expedited review;
975 (d) The preparation of a single coordinated project
976 description form and checklist and an agreement by state and
977 regional agencies to reduce the burden on an applicant to
978 provide duplicate information to multiple agencies;
979 (e) Establishment of a process for the adoption and review
980 of any comprehensive plan amendment needed by any certified
981 project within 90 days after the submission of an application
982 for a comprehensive plan amendment. However, the memorandum of
983 agreement may not prevent affected persons as defined in s.
984 163.3184 from appealing or participating in this expedited plan
985 amendment process and any review or appeals of decisions made
986 under this paragraph; and
987 (f) Additional incentives for an applicant who proposes a
988 project that provides a net ecosystem benefit.
989 (12) The applicant, the regional permit action team, and
990 participating local governments may agree to incorporate into a
991 single document the permits, licenses, and approvals that are
992 obtained through the expedited permit process. This consolidated
993 permit is subject to the summary hearing provisions set forth in
994 subsection (14).
995 (13) Notwithstanding any other provisions of law:
996 (a) Local comprehensive plan amendments for projects
997 qualified under this section are exempt from the twice-a-year
998 limits provision in s. 163.3187; and
999 (b) Projects qualified under this section are not subject
1000 to interstate highway level-of-service standards adopted by the
1001 Department of Transportation for concurrency purposes. The
1002 memorandum of agreement specified in subsection (5) must include
1003 a process by which the applicant will be assessed a fair share
1004 of the cost of mitigating the project’s significant traffic
1005 impacts, as defined in chapter 380 and related rules. The
1006 agreement must also specify whether the significant traffic
1007 impacts on the interstate system will be mitigated through the
1008 implementation of a project or payment of funds to the
1009 Department of Transportation. Where funds are paid, the
1010 Department of Transportation must include in the 5-year work
1011 program transportation projects or project phases, in an amount
1012 equal to the funds received, to mitigate the traffic impacts
1013 associated with the proposed project.
1014 (14)(a) Challenges to state agency action in the expedited
1015 permitting process for projects processed under this section are
1016 subject to the summary hearing provisions of s. 120.574, except
1017 that the administrative law judge’s decision, as provided in s.
1018 120.574(2)(f), shall be in the form of a recommended order and
1019 shall not constitute the final action of the state agency. In
1020 those proceedings where the action of only one agency of the
1021 state is challenged, the agency of the state shall issue the
1022 final order within 45 10 working days after of receipt of the
1023 administrative law judge’s recommended order. The recommended
1024 order shall inform the parties of the right to file exceptions
1025 to the recommended order and to file responses thereto in
1026 accordance with the Uniform Rules of Procedure. In those
1027 proceedings where the actions of more than one agency of the
1028 state are challenged, the Governor shall issue the final order,
1029 except for the issuance of department licenses required under
1030 any federally delegated or approved permit program for which the
1031 department shall enter the final order, within 45 10 working
1032 days after of receipt of the administrative law judge’s
1033 recommended order. The recommended order shall inform the
1034 parties of the right to file exceptions to the recommended order
1035 and to file responses thereto in accordance with the Uniform
1036 Rules of Procedure. The participating agencies of the state may
1037 opt at the preliminary hearing conference to allow the
1038 administrative law judge’s decision to constitute the final
1039 agency action. If a participating local government agrees to
1040 participate in the summary hearing provisions of s. 120.574 for
1041 purposes of review of local government comprehensive plan
1042 amendments, s. 163.3184(9) and (10) apply.
1043 (b) Challenges to state agency action in the expedited
1044 permitting process for establishment of a state-of-the-art
1045 biomedical research institution and campus in this state by the
1046 grantee under s. 288.955 or projects identified in paragraph
1047 (3)(f) are subject to the same requirements as challenges
1048 brought under paragraph (a), except that, notwithstanding s.
1049 120.574, summary proceedings must be conducted within 30 days
1050 after a party files the motion for summary hearing, regardless
1051 of whether the parties agree to the summary proceeding.
1052 (15) The secretary office, working with the agencies
1053 providing cooperative assistance and input to participating in
1054 the memoranda of agreement, shall review sites proposed for the
1055 location of facilities eligible for the Innovation Incentive
1056 Program under s. 288.1089. Within 20 days after the request for
1057 the review by the secretary office, the agencies shall provide
1058 to the office a statement as to each site’s necessary permits
1059 under local, state, and federal law and an identification of
1060 significant permitting issues, which if unresolved, may result
1061 in the denial of an agency permit or approval or any significant
1062 delay caused by the permitting process.
1063 (16) This expedited permitting process shall not modify,
1064 qualify, or otherwise alter existing agency nonprocedural
1065 standards for permit applications or local comprehensive plan
1066 amendments, unless expressly authorized by law. If it is
1067 determined that the applicant is not eligible to use this
1068 process, the applicant may apply for permitting of the project
1069 through the normal permitting processes.
1070 (17) The secretary office shall be responsible for
1071 certifying a business as eligible for undergoing expedited
1072 review under this section. Enterprise Florida, Inc., a county or
1073 municipal government, or the Rural Economic Development
1074 Initiative may recommend to the secretary Office of Tourism,
1075 Trade, and Economic Development that a project meeting the
1076 minimum job creation threshold undergo expedited review.
1077 (18) The secretary office, working with the Rural Economic
1078 Development Initiative and the agencies participating in the
1079 memoranda of agreement, shall provide technical assistance in
1080 preparing permit applications and local comprehensive plan
1081 amendments for counties having a population of less than 75,000
1082 residents, or counties having fewer than 100,000 residents which
1083 are contiguous to counties having fewer than 75,000 residents.
1084 Additional assistance may include, but not be limited to,
1085 guidance in land development regulations and permitting
1086 processes, working cooperatively with state, regional, and local
1087 entities to identify areas within these counties which may be
1088 suitable or adaptable for preclearance review of specified types
1089 of land uses and other activities requiring permits.
1090 (19) The following projects are ineligible for review under
1091 this part:
1092 (a) A project funded and operated by a local government, as
1093 defined in s. 377.709, and located within that government’s
1094 jurisdiction.
1095 (b) A project, the primary purpose of which is to:
1096 1. Effect the final disposal of solid waste, biomedical
1097 waste, or hazardous waste in this state.
1098 2. Produce electrical power, unless the production of
1099 electricity is incidental and not the primary function of the
1100 project or the electrical power is derived from a renewable fuel
1101 source as defined by s. 366.91(2)(d).
1102 3. Extract natural resources.
1103 4. Produce oil.
1104 5. Construct, maintain, or operate an oil, petroleum,
1105 natural gas, or sewage pipeline.
1106 Section 21. Paragraph (e) of subsection (3) of section
1107 258.42, Florida Statutes, is amended to read:
1108 258.42 Maintenance of preserves.—The Board of Trustees of
1109 the Internal Improvement Trust Fund shall maintain such aquatic
1110 preserves subject to the following provisions:
1111 (3)(e) There shall be no erection of structures within the
1112 preserve, except:
1113 1. Private residential docks may be approved for reasonable
1114 ingress or egress of riparian owners. Slips located at private
1115 residential single-family docks that contain boat lifts or
1116 davits that do not float in the water when loaded may be roofed,
1117 but may not be, in whole or in part, enclosed with walls,
1118 provided that the roof shall not overhang more than 1 foot
1119 beyond the footprint of the boat lift. Such roofs may not be
1120 considered to be part of the square footage calculations of the
1121 terminal platform.
1122 2. Private residential multislip docks may be approved if
1123 located within a reasonable distance of a publicly maintained
1124 navigation channel, or a natural channel of adequate depth and
1125 width to allow operation of the watercraft for which the docking
1126 facility is designed without the craft having an adverse impact
1127 on marine resources. The distance shall be determined in
1128 accordance with criteria established by the trustees by rule,
1129 based on a consideration of the depth of the water, nature and
1130 condition of bottom, and presence of manatees.
1131 3. Commercial docking facilities shown to be consistent
1132 with the use or management criteria of the preserve may be
1133 approved if the facilities are located within a reasonable
1134 distance of a publicly maintained navigation channel, or a
1135 natural channel of adequate depth and width to allow operation
1136 of the watercraft for which the docking facility is designed
1137 without the craft having an adverse impact on marine resources.
1138 The distance shall be determined in accordance with criteria
1139 established by the trustees by rule, based on a consideration of
1140 the depth of the water, nature and condition of bottom, and
1141 presence of manatees.
1142 4. Structures for shore protection, including restoration
1143 of seawalls at their previous location or upland of or within 18
1144 inches waterward of their previous location, approved
1145 navigational aids, or public utility crossings authorized under
1146 paragraph (a) may be approved.
1147
1148 No structure under this paragraph or chapter 253 shall be
1149 prohibited solely because the local government fails to adopt a
1150 marina plan or other policies dealing with the siting of such
1151 structures in its local comprehensive plan.
1152 Section 22. Section 379.1051, Florida Statutes, is created
1153 to read:
1154 379.1051 Regulation by local governments.—This section is
1155 intended to eliminate conflicts between the Fish and Wildlife
1156 Conservation Commission and state agencies or local governments
1157 relating to the regulation of wild animal life and fresh water
1158 aquatic life. The Legislature recognizes that s. 9, Art. IV of
1159 the State Constitution gives the commission the exclusive
1160 regulatory and executive powers of the state with respect to
1161 wild animal life and fresh water aquatic life. A state agency or
1162 unit of local government may not impose any requirement that
1163 creates additional restrictions or limitations on activities
1164 conforming with commission rules, management plans, guidelines,
1165 permits, or other authorizations. Nothing in this section shall
1166 affect a voluntary agreement between a landowner and a state
1167 agency or other unit of government, or limit the authority of
1168 local government as otherwise provided by law.
1169 Section 23. This act shall take effect upon becoming a law,
1170 and shall apply retroactively where expressly provided.