Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1404
       
       
       
       
       
                                Barcode 975266                          
       
       EP.EP.04006                                                     
       Proposed Committee Substitute by the Committee on Environmental
       Preservation and Conservation
    1                        A bill to be entitled                      
    2         An act relating to environmental permitting; amending
    3         s. 120.569, F.S.; providing that a nonapplicant who
    4         petitions to challenge an agency’s issuance of a
    5         license or conceptual approval in certain
    6         circumstances has the burden of ultimate persuasion
    7         and the burden of going forward with evidence;
    8         amending s. 125;022, F.S.; prohibiting a county from
    9         requiring an applicant to obtain a permit or approval
   10         from another state or federal agency as a condition of
   11         approving a development permit under certain
   12         conditions; authorizing a county to attach certain
   13         disclaimers to the issuance of a development permit;
   14         creating s. 161.032, F.S.; requiring that the
   15         Department of Environmental Protection review an
   16         application for certain permits under the Beach and
   17         Shore Preservation Act and request additional
   18         information within a specified time; requiring that
   19         the department proceed to process the application if
   20         the applicant believes that a request for additional
   21         information is not authorized by law or rule;
   22         extending the period for an applicant to timely submit
   23         additional information, notwithstanding certain
   24         provisions of the Administrative Procedure Act;
   25         amending s. 166.033, F.S.; prohibiting a municipality
   26         from requiring an applicant to obtain a permit or
   27         approval from another state or federal agency as a
   28         condition of approving a development permit under
   29         certain conditions; authorizing a county to attach
   30         certain disclaimers to the issuance of a development
   31         permit; amending s. 258.397, F.S.; specifying
   32         additional uses and activities in the Biscayne Bay
   33         Aquatic Preserve; amending s. 373.026, F.S.; requiring
   34         the Department of Environmental Protection to expand
   35         its use of Internet-based self-certification services
   36         for exemptions and permits issued by the department
   37         and water management districts; amending s. 373.4141,
   38         F.S.; requiring that a request by the department or a
   39         water management district that an applicant provide
   40         additional information be accompanied by the signature
   41         of specified officials of the department or district;
   42         reducing the time within which the department or
   43         district must approve or deny a permit application;
   44         amending s. 373.4144, F.S.; providing legislative
   45         intent with respect to the coordination of regulatory
   46         duties among specified state and federal agencies;
   47         requiring that the department report annually to the
   48         Legislature on efforts to expand the state
   49         programmatic general permit or regional general
   50         permits; providing for a voluntary state programmatic
   51         general permit for certain dredge and fill activities;
   52         amending s. 373.441, F.S.; requiring that certain
   53         counties or municipalities apply by a specified date
   54         to the department or water management district for
   55         authority to require certain permits; providing that
   56         following such delegation, the department or district
   57         may not regulate activities that are subject to the
   58         delegation; clarifying the authority of local
   59         governments to adopt pollution control programs under
   60         certain conditions; amending s. 376.30715, F.S.;
   61         providing that the transfer of a contaminated site
   62         from an owner to a child or corporate entity does not
   63         disqualify the site from the innocent victim petroleum
   64         storage system restoration financial assistance
   65         program; authorizing certain applicants to reapply for
   66         financial assistance; amending s. 403.061, F.S.;
   67         requiring the Department of Environmental Protection
   68         to establish reasonable zones of mixing for discharges
   69         into specified waters; providing that certain
   70         discharges do not create liability for site cleanup;
   71         providing that exceedance of soil cleanup target
   72         levels is not a basis for enforcement or cleanup;
   73         creating s. 403.0874, F.S.; providing a short title;
   74         providing legislative findings and intent with respect
   75         to the consideration of the compliance history of a
   76         permit applicant; providing for applicability;
   77         specifying the period of compliance history to be
   78         considered is issuing or renewing a permit; providing
   79         criteria to be considered by the Department of
   80         Environmental Protection; authorizing expedited review
   81         of permit issuance, renewal, modification, and
   82         transfer; providing for a reduced number of
   83         inspections; providing for extended permit duration;
   84         authorizing the department to make additional
   85         incentives available under certain circumstances;
   86         providing for automatic permit renewal and reduced or
   87         waived fees under certain circumstances; requiring the
   88         department to adopt rules that are binding on a water
   89         management district or local government that has been
   90         delegated certain regulatory duties; amending ss.
   91         161.041 and 373.413, F.S.; specifying that s.
   92         403.0874, F.S., authorizing expedited permitting,
   93         applies to provisions governing beaches and shores and
   94         surface water management and storage; amending s.
   95         403.087, F.S.; revising conditions under which the
   96         department is authorized to revoke a permit; amending
   97         s. 403.1838, F.S.; revising the term “financially
   98         disadvantaged small community”; amending s. 403.7045,
   99         F.S.; specifying that sludge from industrial waste
  100         treatment works is not solid wastes; amending s.
  101         403.707, F.S.; revising provisions relating to
  102         disposal by persons of solid waste resulting from
  103         their own activities on their property; clarifying
  104         what constitutes “addressed by a groundwater
  105         monitoring plan” with regard to certain effects on
  106         groundwater and surface waters; authorizing the
  107         disposal of solid waste over a zone of discharge;
  108         providing that exceedance of soil cleanup target
  109         levels is not a basis for enforcement or cleanup;
  110         extending the duration of all permits issued to solid
  111         waste management facilities; providing applicability;
  112         providing that certain disposal of solid waste does
  113         not create liability for site cleanup; amending s.
  114         403.814, F.S.; providing for issuance of general
  115         permits for the construction, alteration, and
  116         maintenance of certain surface water management
  117         systems without the action of the department or a
  118         water management district; specifying conditions for
  119         the general permits; amending s. 380.06, F.S.;
  120         exempting a proposed solid mineral mine or a proposed
  121         addition or expansion of an existing solid mineral
  122         mine from provisions governing developments of
  123         regional impact; providing certain exceptions;
  124         amending ss. 380.0657 and 403.973, F.S.; authorizing
  125         expedited permitting for certain inland multimodal
  126         facilities and for commercial or industrial
  127         development projects that individually or collectively
  128         will create a minimum number of jobs; providing for a
  129         project-specific memorandum of agreement to apply to a
  130         project subject to expedited permitting; providing for
  131         review and certification of a business as eligible for
  132         expedited permitting by the Secretary of Environmental
  133         Protection rather than by the Office of Tourism,
  134         Trade, and Economic Development; amending s.163.3180,
  135         F.S.; providing an exemption to the level-of-service
  136         standards adopted under the Strategic Intermodal
  137         System for certain inland multimodal facilities;
  138         specifying project criteria; amending s. 373.4137,
  139         F.S., relating to transportation projects; revising
  140         legislative findings with respect to the options for
  141         mitigation; revising certain requirements for
  142         determining the habitat impacts of transportation
  143         projects; requiring water management districts to
  144         purchase credits from public or private mitigation
  145         banks under certain conditions; providing for the
  146         release of certain mitigation funds held for the
  147         benefit of a water management district if a project is
  148         excluded from a mitigation plan; revising the
  149         procedure for excluding a project from a mitigation
  150         plan; amending s. 373.41492, F.S.; imposing a
  151         mitigation fee for mining activities within the Miami
  152         Dade County Lake Belt Area; authorizing the use of
  153         proceeds from the water treatment plant upgrade fee to
  154         pay for specified mitigation projects; requiring
  155         proceeds from the water treatment plant upgrade fee to
  156         be transferred by the Department of Revenue to the
  157         South Florida Water Management District and deposited
  158         into the Lake Belt Mitigation Trust Fund for a
  159         specified period of time; providing, after that
  160         period, for the proceeds of the water treatment plant
  161         upgrade fee to return to being transferred by the
  162         Department of Revenue to a trust fund established by
  163         Miami-Dade County for specified purposes; conforming a
  164         term; amending s. 526.203, F.S.; authorizing the sale
  165         of unblended fuels for certain uses; revising rules of
  166         the Department of Environmental Protection relating to
  167         the uniform mitigation assessment method for
  168         activities in surface waters and wetlands; directing
  169         the Department of Environmental Protection to make
  170         additional changes to conform; providing for
  171         reassessment of mitigation banks under certain
  172         conditions; amending s. 373.4136, F.S.; clarifying the
  173         use of the uniform mitigation assessment method for
  174         mitigation credits for the establishment and operation
  175         of mitigation banks; providing for fuel tank system
  176         deadlines and exemption; amending s. 373.414, F.S.;
  177         revising uniform mitigation assessment method
  178         implementation; amending s. 218.075, F.S; revising
  179         requirements regarding reducing or waiving permit
  180         processing fees; providing an effective date.
  181  
  182  Be It Enacted by the Legislature of the State of Florida:
  183  
  184         Section 1. Paragraph (p) is added to subsection (2) of
  185  section 120.569, Florida Statutes, to read:
  186         120.569 Decisions which affect substantial interests.—
  187         (2)
  188         (p) For any proceeding arising under chapter 373, chapter
  189  378, or chapter 403, if a nonapplicant petitions as a third
  190  party to challenge an agency’s issuance of a license, permit, or
  191  conceptual approval, the order of presentation in the proceeding
  192  shall be for the permit applicant to present a prima facie case
  193  demonstrating entitlement to the license, permit, or conceptual
  194  approval, followed by the agency. This demonstration may be made
  195  by simply entering into evidence the application and relevant
  196  material submitted to the agency in support of the application,
  197  and the agency’s staff report or notice of intent to approve the
  198  permit, license, or conceptual approval. Subsequent to the
  199  presentation of the applicant’s prima facie case and any direct
  200  evidence submitted by the agency, the petitioner initiating the
  201  action challenging the issuance of the license, permit, or
  202  conceptual approval has the ultimate burden of persuasion and
  203  has the burden of going forward to prove its case in opposition
  204  to the license, permit, or conceptual approval through the
  205  presentation of competent and substantial evidence. The permit
  206  applicant and agency may on rebuttal present any evidence
  207  relevant to demonstrating that the application meets the
  208  conditions for issuance. Notwithstanding subsection (1), this
  209  paragraph applies to proceedings under s. 120.574.
  210         Section 2. Section 125.022, Florida Statutes, is amended to
  211  read:
  212         125.022 Development permits.—When a county denies an
  213  application for a development permit, the county shall give
  214  written notice to the applicant. The notice must include a
  215  citation to the applicable portions of an ordinance, rule,
  216  statute, or other legal authority for the denial of the permit.
  217  As used in this section, the term “development permit” has the
  218  same meaning as in s. 163.3164. A county may not require as a
  219  condition of processing a development permit that an applicant
  220  obtain a permit or approval from any other state or federal
  221  agency unless the agency has issued a notice of intent to deny
  222  the federal or state permit before the county action on the
  223  local development permit. Issuance of a development permit by a
  224  county does not in any way create any rights on the part of the
  225  applicant to obtain a permit from another state or federal
  226  agency and does not create any liability on the part of the
  227  county for issuance of the permit if the applicant fails to
  228  fulfill its legal obligations to obtain requisite approvals or
  229  fulfill the obligations imposed by another state or a federal
  230  agency. A county may attach such a disclaimer to the issuance of
  231  a development permit, and may include a permit condition that
  232  all other applicable state or federal permits be obtained before
  233  commencement of the development. This section does not prohibit
  234  a county from providing information to an applicant regarding
  235  what other state or federal permits may apply.
  236         Section 3. Section 161.032, Florida Statutes, is created to
  237  read:
  238         161.032Application review; request for additional
  239  information.—
  240         (1) Within 30 days after receipt of an application for a
  241  permit under this part, the department shall review the
  242  application and shall request submission of any additional
  243  information the department is permitted by law to require. If
  244  the applicant believes that a request for additional information
  245  is not authorized by law or rule, the applicant may request a
  246  hearing pursuant to s. 120.57. Within 30 days after receipt of
  247  such additional information, the department shall review such
  248  additional information and may request only that information
  249  needed to clarify such additional information or to answer new
  250  questions raised by or directly related to such additional
  251  information. If the applicant believes that the request for such
  252  additional information by the department is not authorized by
  253  law or rule, the department, at the applicant’s request, shall
  254  proceed to process the permit application.
  255         (2) Notwithstanding s. 120.60, an applicant for a permit
  256  under this part has 90 days after the date of a timely request
  257  for additional information to submit such information. If an
  258  applicant requires more than 90 days in order to respond to a
  259  request for additional information, the applicant must notify
  260  the agency processing the permit application in writing of the
  261  circumstances, at which time the application shall be held in
  262  active status for no more than one additional period of up to 90
  263  days. Additional extensions may be granted for good cause shown
  264  by the applicant. A showing that the applicant is making a
  265  diligent effort to obtain the requested additional information
  266  constitutes good cause. Failure of an applicant to provide the
  267  timely requested information by the applicable deadline shall
  268  result in denial of the application without prejudice.
  269         (3)Notwithstanding any other provision of law, the
  270  department is authorized to issue permits pursuant to this part
  271  in advance of the issuance of any incidental take authorization
  272  as provided for in the Endangered Species Act and its
  273  implementing regulations if the permits and authorizations
  274  include a condition requiring that authorized activities shall
  275  not commence until such incidental take authorization is issued.
  276         Section 4. Subsections (5), (6), and (7) are added to
  277  section 161.041, Florida Statutes, to read:
  278         161.041 Permits required.—
  279         (5) The provisions of s. 403.0874, relating to the
  280  incentive-based permitting program, apply to all permits issued
  281  under this chapter.
  282         (6) The department may not require as a permit condition
  283  sediment quality specifications or turbidity standards more
  284  stringent than those provided for in this chapter, chapter 373,
  285  or the Florida Administrative Code. The department may not issue
  286  guidelines that are enforceable as standards without going
  287  through the rulemaking process pursuant to chapter 120.
  288         (7) As an incentive for permit applicants, it is the
  289  Legislature’s intent to simplify the permitting for periodic
  290  maintenance of beach renourishment projects previously permitted
  291  and restored under the Joint Coastal Permit process pursuant to
  292  this section or part IV of chapter 373. The department shall
  293  amend chapters 62B-41 and 62B-49, Florida Administrative Code,
  294  as necessary, to streamline the permitting process for periodic
  295  maintenance projects.
  296         Section 5. Subsection (10) of section 163.3180, Florida
  297  Statutes, is amended to read:
  298         163.3180 Concurrency.—
  299         (10)(a) Except in transportation concurrency exception
  300  areas, with regard to roadway facilities on the Strategic
  301  Intermodal System designated in accordance with s. 339.63, local
  302  governments shall adopt the level-of-service standard
  303  established by the Department of Transportation by rule.
  304  However, if the Office of Tourism, Trade, and Economic
  305  Development concurs in writing with the local government that
  306  the proposed development is for a qualified job creation project
  307  under s. 288.0656 or s. 403.973, the affected local government,
  308  after consulting with the Department of Transportation, may
  309  provide for a waiver of transportation concurrency for the
  310  project. For all other roads on the State Highway System, local
  311  governments shall establish an adequate level-of-service
  312  standard that need not be consistent with any level-of-service
  313  standard established by the Department of Transportation. In
  314  establishing adequate level-of-service standards for any
  315  arterial roads, or collector roads as appropriate, which
  316  traverse multiple jurisdictions, local governments shall
  317  consider compatibility with the roadway facility’s adopted
  318  level-of-service standards in adjacent jurisdictions. Each local
  319  government within a county shall use a professionally accepted
  320  methodology for measuring impacts on transportation facilities
  321  for the purposes of implementing its concurrency management
  322  system. Counties are encouraged to coordinate with adjacent
  323  counties, and local governments within a county are encouraged
  324  to coordinate, for the purpose of using common methodologies for
  325  measuring impacts on transportation facilities for the purpose
  326  of implementing their concurrency management systems.
  327         (b) There shall be a limited exemption from the Strategic
  328  Intermodal System adopted level-of-service standards for new or
  329  redevelopment projects consistent with the local comprehensive
  330  plan as inland multimodal facilities receiving or sending cargo
  331  for distribution and providing cargo storage, consolidation,
  332  repackaging, and transfer of goods, and which may, if developed
  333  as proposed, include other intermodal terminals, related
  334  transportation facilities, warehousing and distribution
  335  facilities, and associated office space, light industrial,
  336  manufacturing, and assembly uses. The limited exemption applies
  337  if the project meets all of the following criteria:
  338         1. The project will not cause the adopted level-of-service
  339  standards for the Strategic Intermodal System facilities to be
  340  exceeded by more than 150 percent within the first 5 years of
  341  the project’s development.
  342         2. The project, upon completion, would result in the
  343  creation of at least 50 full-time jobs.
  344         3. The project is compatible with existing and planned
  345  adjacent land uses.
  346         4. The project is consistent with local and regional
  347  economic development goals or plans.
  348         5. The project is proximate to regionally significant road
  349  and rail transportation facilities.
  350         6. The project is proximate to a community having an
  351  unemployment rate, as of the date of the development order
  352  application, which is 10 percent or more above the statewide
  353  reported average.
  354         Section 6. Section 166.033, Florida Statutes, is amended to
  355  read:
  356         166.033 Development permits.—When a municipality denies an
  357  application for a development permit, the municipality shall
  358  give written notice to the applicant. The notice must include a
  359  citation to the applicable portions of an ordinance, rule,
  360  statute, or other legal authority for the denial of the permit.
  361  As used in this section, the term “development permit” has the
  362  same meaning as in s. 163.3164. A municipality may not require
  363  as a condition of processing a development permit, that an
  364  applicant obtain a permit or approval from any other state or
  365  federal agency unless the agency has issued a notice of intent
  366  to deny the federal or state permit before the municipal action
  367  on the local development permit. Issuance of a development
  368  permit by a municipality does not in any way create any right on
  369  the part of an applicant to obtain a permit from another state
  370  or federal agency and does not create any liability on the part
  371  of the municipality for issuance of the permit if the applicant
  372  fails to fulfill its legal obligations to obtain requisite
  373  approvals or fulfill the obligations imposed by another state or
  374  federal agency. A municipality may attach such a disclaimer to
  375  the issuance of development permits and may include a permit
  376  condition that all other applicable state or federal permits be
  377  obtained before commencement of the development. This section
  378  does not prohibit a municipality from providing information to
  379  an applicant regarding what other state or federal permits may
  380  apply.
  381         Section 7. Paragraphs (a) and (b) of subsection (3) of
  382  section 258.397, Florida Statutes, are amended to read:
  383         258.397 Biscayne Bay Aquatic Preserve.—
  384         (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the
  385  Internal Improvement Trust Fund is authorized and directed to
  386  maintain the aquatic preserve hereby created pursuant and
  387  subject to the following provisions:
  388         (a) No further sale, transfer, or lease of sovereignty
  389  submerged lands in the preserve shall be approved or consummated
  390  by the board of trustees, except upon a showing of extreme
  391  hardship on the part of the applicant and a determination by the
  392  board of trustees that such sale, transfer, or lease is in the
  393  public interest. A municipal applicant proposing a project under
  394  this subsection is exempt from showing extreme hardship.
  395         (b) No further dredging or filling of submerged lands of
  396  the preserve shall be approved or tolerated by the board of
  397  trustees except:
  398         1. Such minimum dredging and spoiling as may be authorized
  399  for public navigation projects or for such minimum dredging and
  400  spoiling as may be constituted as a public necessity or for
  401  preservation of the bay according to the expressed intent of
  402  this section.
  403         2. Such other alteration of physical conditions, including
  404  the placement of riprap, as may be necessary to enhance the
  405  quality and utility of the preserve.
  406         3. Such minimum dredging and filling as may be authorized
  407  for the creation and maintenance of marinas, piers, and docks
  408  and their attendant navigation channels and access roads. Such
  409  projects may only be authorized upon a specific finding by the
  410  board of trustees that there is assurance that the project will
  411  be constructed and operated in a manner that will not adversely
  412  affect the water quality and utility of the preserve. This
  413  subparagraph shall not authorize the connection of upland canals
  414  to the waters of the preserve.
  415         4. Such dredging as is necessary for the purpose of
  416  eliminating conditions hazardous to the public health or for the
  417  purpose of eliminating stagnant waters, islands, and spoil
  418  banks, the dredging of which would enhance the aesthetic and
  419  environmental quality and utility of the preserve and be clearly
  420  in the public interest as determined by the board of trustees.
  421         5. Such dredging and filling as is necessary for the
  422  creation of public waterfront promenades.
  423  
  424         Any dredging or filling under this subsection or
  425  improvements under subsection (5) shall be approved only after
  426  public notice as provided by s. 253.115.
  427         Section 8. Subsection (10) is added to section 373.026,
  428  Florida Statutes, to read:
  429         373.026 General powers and duties of the department.—The
  430  department, or its successor agency, shall be responsible for
  431  the administration of this chapter at the state level. However,
  432  it is the policy of the state that, to the greatest extent
  433  possible, the department may enter into interagency or
  434  interlocal agreements with any other state agency, any water
  435  management district, or any local government conducting programs
  436  related to or materially affecting the water resources of the
  437  state. All such agreements shall be subject to the provisions of
  438  s. 373.046. In addition to its other powers and duties, the
  439  department shall, to the greatest extent possible:
  440         (10) Expand the use of Internet-based self-certification
  441  services for appropriate exemptions and general permits issued
  442  by the department and the water management districts, if such
  443  expansion is economically feasible. In addition to expanding the
  444  use of Internet-based self-certification services for
  445  appropriate exemptions and general permits, the department and
  446  water management districts shall identify and develop general
  447  permits for appropriate activities currently requiring
  448  individual review that could be expedited through the use of
  449  applicable professional certification.
  450         Section 9. Subsection (6) is added to section 373.413,
  451  Florida Statutes, to read:
  452         373.413 Permits for construction or alteration.—
  453         (6) The provisions of s. 403.0874, relating to the
  454  incentive-based permitting program, apply to permits issued
  455  under this section.
  456         Section 10. Subsections (1) and (2), paragraph (c) of
  457  subsection (3), and subsection (4) of section 373.4137, Florida
  458  Statutes, are amended to read:
  459         Mitigation requirements for specified transportation
  460  projects.—
  461         (1) The Legislature finds that environmental mitigation for
  462  the impact of transportation projects proposed by the Department
  463  of Transportation or a transportation authority established
  464  pursuant to chapter 348 or chapter 349 can be more effectively
  465  achieved by regional, long-range mitigation planning rather than
  466  on a project-by-project basis. It is the intent of the
  467  Legislature that mitigation to offset the adverse effects of
  468  these transportation projects be funded by the Department of
  469  Transportation and be carried out by the water management
  470  districts, through including the use of privately owned
  471  mitigation banks where available or, if a privately owned
  472  mitigation bank is not available, through any other mitigation
  473  options that satisfy state and federal requirements established
  474  pursuant to this part.
  475         (2) Environmental impact inventories for transportation
  476  projects proposed by the Department of Transportation or a
  477  transportation authority established pursuant to chapter 348 or
  478  chapter 349 shall be developed as follows:
  479         (a) By July 1 of each year, the Department of
  480  Transportation or a transportation authority established
  481  pursuant to chapter 348 or chapter 349 which chooses to
  482  participate in this program shall submit to the water management
  483  districts a list copy of its projects in the adopted work
  484  program and an environmental impact inventory of habitats
  485  addressed in the rules adopted pursuant to this part and s. 404
  486  of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
  487  by its plan of construction for transportation projects in the
  488  next 3 years of the tentative work program. The Department of
  489  Transportation or a transportation authority established
  490  pursuant to chapter 348 or chapter 349 may also include in its
  491  environmental impact inventory the habitat impacts of any future
  492  transportation project. The Department of Transportation and
  493  each transportation authority established pursuant to chapter
  494  348 or chapter 349 may fund any mitigation activities for future
  495  projects using current year funds.
  496         (b) The environmental impact inventory shall include a
  497  description of these habitat impacts, including their location,
  498  acreage, and type; state water quality classification of
  499  impacted wetlands and other surface waters; any other state or
  500  regional designations for these habitats; and a list survey of
  501  threatened species, endangered species, and species of special
  502  concern affected by the proposed project.
  503         (3)
  504         (c) Except for current mitigation projects in the
  505  monitoring and maintenance phase and except as allowed by
  506  paragraph (d), the water management districts may request a
  507  transfer of funds from an escrow account no sooner than 30 days
  508  prior to the date the funds are needed to pay for activities
  509  associated with development or implementation of the approved
  510  mitigation plan described in subsection (4) for the current
  511  fiscal year, including, but not limited to, design, engineering,
  512  production, and staff support. Actual conceptual plan
  513  preparation costs incurred before plan approval may be submitted
  514  to the Department of Transportation or the appropriate
  515  transportation authority each year with the plan. The conceptual
  516  plan preparation costs of each water management district will be
  517  paid from mitigation funds associated with the environmental
  518  impact inventory for the current year. The amount transferred to
  519  the escrow accounts each year by the Department of
  520  Transportation and participating transportation authorities
  521  established pursuant to chapter 348 or chapter 349 shall
  522  correspond to a cost per acre of $75,000 multiplied by the
  523  projected acres of impact identified in the environmental impact
  524  inventory described in subsection (2). However, the $75,000 cost
  525  per acre does not constitute an admission against interest by
  526  the state or its subdivisions nor is the cost admissible as
  527  evidence of full compensation for any property acquired by
  528  eminent domain or through inverse condemnation. Each July 1, the
  529  cost per acre shall be adjusted by the percentage change in the
  530  average of the Consumer Price Index issued by the United States
  531  Department of Labor for the most recent 12-month period ending
  532  September 30, compared to the base year average, which is the
  533  average for the 12-month period ending September 30, 1996. Each
  534  quarter, the projected acreage of impact shall be reconciled
  535  with the acreage of impact of projects as permitted, including
  536  permit modifications, pursuant to this part and s. 404 of the
  537  Clean Water Act, 33 U.S.C.s. 1344. The subject year’s transfer
  538  of funds shall be adjusted accordingly to reflect the acreage of
  539  impacts as permitted. The Department of Transportation and
  540  participating transportation authorities established pursuant to
  541  chapter 348 or chapter 349 are authorized to transfer such funds
  542  from the escrow accounts to the water management districts to
  543  carry out the mitigation programs. Environmental mitigation
  544  funds that are identified or maintained in an escrow account for
  545  the benefit of a water management district may be released if
  546  the associated transportation project is excluded in whole or
  547  part from the mitigation plan. For a mitigation project that is
  548  in the maintenance and monitoring phase, the water management
  549  district may request and receive a one-time payment based on the
  550  project’s expected future maintenance and monitoring costs. Upon
  551  disbursement of the final maintenance and monitoring payment,
  552  the department or the participating transportation authorities’
  553  obligation will be satisfied, the water management district will
  554  have continuing responsibility for the mitigation project, and
  555  the escrow account for the project established by the Department
  556  of Transportation or the participating transportation authority
  557  may be closed. Any interest earned on these disbursed funds
  558  shall remain with the water management district and must be used
  559  as authorized under this section.
  560         (4) Prior to March 1 of each year, each water management
  561  district, in consultation with the Department of Environmental
  562  Protection, the United States Army Corps of Engineers, the
  563  Department of Transportation, participating transportation
  564  authorities established pursuant to chapter 348 or chapter 349,
  565  and other appropriate federal, state, and local governments, and
  566  other interested parties, including entities operating
  567  mitigation banks, shall develop a plan for the primary purpose
  568  of complying with the mitigation requirements adopted pursuant
  569  to this part and 33 U.S.C. s. 1344. In developing such plans,
  570  private mitigation banks shall be used when available, and, when
  571  a mitigation bank is not available, the districts shall utilize
  572  sound ecosystem management practices to address significant
  573  water resource needs and shall focus on activities of the
  574  Department of Environmental Protection and the water management
  575  districts, such as surface water improvement and management
  576  (SWIM) projects and lands identified for potential acquisition
  577  for preservation, restoration or enhancement, and the control of
  578  invasive and exotic plants in wetlands and other surface waters,
  579  to the extent that such activities comply with the mitigation
  580  requirements adopted under this part and 33 U.S.C. s. 1344. In
  581  determining the activities to be included in such plans, the
  582  districts shall also consider the purchase of credits from
  583  public or private mitigation banks permitted under s. 373.4136
  584  and associated federal authorization and shall include such
  585  purchase as a part of the mitigation plan when such purchase
  586  would offset the impact of the transportation project, provide
  587  equal benefits to the water resources than other mitigation
  588  options being considered, and provide the most cost effective
  589  mitigation option. The mitigation plan shall be submitted to the
  590  water management district governing board, or its designee, for
  591  review and approval. At least 14 days prior to approval, the
  592  water management district shall provide a copy of the draft
  593  mitigation plan to any person who has requested a copy.
  594         (a) For each transportation project with a funding request
  595  for the next fiscal year, the mitigation plan must include a
  596  brief explanation of why a mitigation bank was or was not chosen
  597  as a mitigation option, including an estimation of identifiable
  598  costs of the mitigation bank and nonbank options to the extent
  599  practicable.
  600         (b) Specific projects may be excluded from the mitigation
  601  plan, in whole or in part, and shall not be subject to this
  602  section upon the election agreement of the Department of
  603  Transportation, or a transportation authority if applicable, or
  604  and the appropriate water management district that the inclusion
  605  of such projects would hamper the efficiency or timeliness of
  606  the mitigation planning and permitting process. The water
  607  management district may choose to exclude a project in whole or
  608  in part if the district is unable to identify mitigation that
  609  would offset impacts of the project.
  610         Section 11. Section 373.4141, Florida Statutes, is amended
  611  to read:
  612         373.4141 Permits; processing.—
  613         (1) Within 30 days after receipt of an application for a
  614  permit under this part, the department or the water management
  615  district shall review the application and shall request
  616  submittal of all additional information the department or the
  617  water management district is permitted by law to require. If the
  618  applicant believes any request for additional information is not
  619  authorized by law or rule, the applicant may request a hearing
  620  pursuant to s. 120.57. Within 30 days after receipt of such
  621  additional information, the department or water management
  622  district shall review it and may request only that information
  623  needed to clarify such additional information or to answer new
  624  questions raised by or directly related to such additional
  625  information. If the applicant believes the request of the
  626  department or water management district for such additional
  627  information is not authorized by law or rule, the department or
  628  water management district, at the applicant’s request, shall
  629  proceed to process the permit application. The department or
  630  water management district may request additional information no
  631  more than twice, unless the applicant waives this limitation in
  632  writing. If the applicant does not provide a written response to
  633  the second request for additional information within 90 days, or
  634  another time period mutually agreed upon between the applicant
  635  and department or water management district, the application
  636  shall be considered withdrawn.
  637         (2) A permit shall be subject to a notice of proposed
  638  agency action approved or denied within 60 90 days after receipt
  639  of the original application, the last item of timely requested
  640  additional material, or the applicant’s written request to begin
  641  processing the permit application.
  642         (3) Processing of applications for permits for affordable
  643  housing projects shall be expedited to a greater degree than
  644  other projects.
  645         (4) A state agency or agency of the state may not require
  646  as a condition of approval for a permit or as an item to
  647  complete a pending permit application that an applicant obtain a
  648  permit or approval from any other local, state or federal agency
  649  without explicit statutory authority to require such permit or
  650  approval from another agency.
  651         Section 12. Section 373.4144, Florida Statutes, is amended
  652  to read:
  653         373.4144 Federal environmental permitting.—
  654         (1) It is the intent of the Legislature to:
  655         (a) Facilitate coordination and a more efficient process of
  656  implementing regulatory duties and functions between the
  657  Department of Environmental Protection, the water management
  658  districts, the United States Army Corps of Engineers, the United
  659  States Fish and Wildlife Service, the National Marine Fisheries
  660  Service, the United States Environmental Protection Agency, the
  661  Fish and Wildlife Conservation Commission, and other relevant
  662  federal and state agencies.
  663         (b) Authorize the Department of Environmental Protection to
  664  obtain issuance by the United States Army Corps of Engineers,
  665  pursuant to state and federal law and as set forth in this
  666  section, of an expanded state programmatic general permit, or a
  667  series of regional general permits, for categories of activities
  668  in waters of the United States governed by the Clean Water Act
  669  and in navigable waters under the Rivers and Harbors Act of 1899
  670  which are similar in nature, which will cause only minimal
  671  adverse environmental effects when performed separately, and
  672  which will have only minimal cumulative adverse effects on the
  673  environment.
  674         (c) Use the mechanism of such a state general permit or
  675  such regional general permits to eliminate overlapping federal
  676  regulations and state rules that seek to protect the same
  677  resource and to avoid duplication of permitting between the
  678  United States Army Corps of Engineers and the department for
  679  minor work located in waters of the United States, including
  680  navigable waters, thus eliminating, in appropriate cases, the
  681  need for a separate individual approval from the United States
  682  Army Corps of Engineers while ensuring the most stringent
  683  protection of wetland resources.
  684         (d) Direct the department not to seek issuance of or take
  685  any action pursuant to any such permit or permits unless such
  686  conditions are at least as protective of the environment and
  687  natural resources as existing state law under this part and
  688  federal law under the Clean Water Act and the Rivers and Harbors
  689  Act of 1899. The department is directed to develop, on or before
  690  October 1, 2005, a mechanism or plan to consolidate, to the
  691  maximum extent practicable, the federal and state wetland
  692  permitting programs. It is the intent of the Legislature that
  693  all dredge and fill activities impacting 10 acres or less of
  694  wetlands or waters, including navigable waters, be processed by
  695  the state as part of the environmental resource permitting
  696  program implemented by the department and the water management
  697  districts. The resulting mechanism or plan shall analyze and
  698  propose the development of an expanded state programmatic
  699  general permit program in conjunction with the United States
  700  Army Corps of Engineers pursuant to s. 404 of the Clean Water
  701  Act, Pub. L. No. 92 -500, as amended, 33 U.S.C. ss. 1251 et
  702  seq., and s. 10 of the Rivers and Harbors Act of 1899.
  703  Alternatively, or in combination with an expanded state
  704  programmatic general permit, the mechanism or plan may propose
  705  the creation of a series of regional general permits issued by
  706  the United States Army Corps of Engineers pursuant to the
  707  referenced statutes. All of the regional general permits must be
  708  administered by the department or the water management districts
  709  or their designees.
  710         (2) In order to effectuate efficient wetland permitting and
  711  avoid duplication, the department and water management districts
  712  are authorized to implement a voluntary state programmatic
  713  general permit for all dredge and fill activities impacting 3
  714  acres or less of wetlands or other surface waters, including
  715  navigable waters, subject to agreement with the United States
  716  Army Corps of Engineers, if the general permit is at least as
  717  protective of the environment and natural resources as existing
  718  state law under this part and federal law under the Clean Water
  719  Act and the Rivers and Harbors Act of 1899. The department is
  720  directed to file with the Speaker of the House of
  721  Representatives and the President of the Senate a report
  722  proposing any required federal and state statutory changes that
  723  would be necessary to accomplish the directives listed in this
  724  section and to coordinate with the Florida Congressional
  725  Delegation on any necessary changes to federal law to implement
  726  the directives.
  727         (3) Nothing in this section shall be construed to preclude
  728  the department from pursuing a series of regional general
  729  permits for construction activities in wetlands or surface
  730  waters or complete assumption of federal permitting programs
  731  regulating the discharge of dredged or fill material pursuant to
  732  s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
  733  33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
  734  Act of 1899, so long as the assumption encompasses all dredge
  735  and fill activities in, on, or over jurisdictional wetlands or
  736  waters, including navigable waters, within the state.
  737         Section 13. Subsections (2) and (3), paragraph (a) of
  738  subsection (4), and paragraph (a) of subsection (6) of section
  739  373.41492, Florida Statutes, are amended to read:
  740         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
  741  mitigation for mining activities within the Miami-Dade County
  742  Lake Belt.—
  743         (2) To provide for the mitigation of wetland resources lost
  744  to mining activities within the Miami-Dade County Lake Belt
  745  Plan, effective October 1, 1999, a mitigation fee is imposed on
  746  each ton of limerock and sand extracted by any person who
  747  engages in the business of extracting limerock or sand from
  748  within the Miami-Dade County Lake Belt Area and the east one
  749  half of sections 24 and 25 and all of sections 35 and 36,
  750  Township 53 South, Range 39 East. The mitigation fee is imposed
  751  for each ton of limerock and sand sold from within the
  752  properties where the fee applies in raw, processed, or
  753  manufactured form, including, but not limited to, sized
  754  aggregate, asphalt, cement, concrete, and other limerock and
  755  concrete products. The mitigation fee imposed by this subsection
  756  for each ton of limerock and sand sold shall be 12 cents per ton
  757  beginning January 1, 2007; 18 cents per ton beginning January 1,
  758  2008; 24 cents per ton beginning January 1, 2009; and 45 cents
  759  per ton beginning close of business December 31, 2011. To pay
  760  for seepage mitigation projects, including hydrological
  761  structures, as authorized in an environmental resource permit
  762  issued by the department for mining activities within the Miami
  763  Dade County Lake Belt Area, and to upgrade a water treatment
  764  plant that treats water coming from the Northwest Wellfield in
  765  Miami-Dade County, a water treatment plant upgrade fee is
  766  imposed within the same Lake Belt Area subject to the mitigation
  767  fee and upon the same kind of mined limerock and sand subject to
  768  the mitigation fee. The water treatment plant upgrade fee
  769  imposed by this subsection for each ton of limerock and sand
  770  sold shall be 15 cents per ton beginning on January 1, 2007, and
  771  the collection of this fee shall cease once the total amount of
  772  proceeds collected for this fee reaches the amount of the actual
  773  moneys necessary to design and construct the water treatment
  774  plant upgrade, as determined in an open, public solicitation
  775  process. Any limerock or sand that is used within the mine from
  776  which the limerock or sand is extracted is exempt from the fees.
  777  The amount of the mitigation fee and the water treatment plant
  778  upgrade fee imposed under this section must be stated separately
  779  on the invoice provided to the purchaser of the limerock or sand
  780  product from the limerock or sand miner, or its subsidiary or
  781  affiliate, for which the fee or fees apply. The limerock or sand
  782  miner, or its subsidiary or affiliate, who sells the limerock or
  783  sand product shall collect the mitigation fee and the water
  784  treatment plant upgrade fee and forward the proceeds of the fees
  785  to the Department of Revenue on or before the 20th day of the
  786  month following the calendar month in which the sale occurs. As
  787  used in this section, the term “proceeds of the fee” means all
  788  funds collected and received by the Department of Revenue under
  789  this section, including interest and penalties on delinquent
  790  fees. The amount deducted for administrative costs may not
  791  exceed 3 percent of the total revenues collected under this
  792  section and may equal only those administrative costs reasonably
  793  attributable to the fees.
  794         (3) The mitigation fee and the water treatment plant
  795  upgrade fee imposed by this section must be reported to the
  796  Department of Revenue. Payment of the mitigation and the water
  797  treatment plant upgrade fees must be accompanied by a form
  798  prescribed by the Department of Revenue. The proceeds of the
  799  mitigation fee, less administrative costs, must be transferred
  800  by the Department of Revenue to the South Florida Water
  801  Management District and deposited into the Lake Belt Mitigation
  802  Trust Fund. Beginning January 1, 2012, and ending December 31,
  803  2017, or upon issuance of water quality certification by the
  804  department for mining activities within Phase II of the Miami
  805  Dade County Lake Belt Plan, whichever occurs sooner, the
  806  proceeds of the water treatment plant upgrade fee, less
  807  administrative costs, must be transferred by the Department of
  808  Revenue to the South Florida Water Management District and
  809  deposited into the Lake Belt Mitigation Trust Fund. Beginning
  810  January 1, 2018, the proceeds of the water treatment plant
  811  upgrade fee, less administrative costs, must be transferred by
  812  the Department of Revenue to a trust fund established by Miami
  813  Dade County, for the sole purpose authorized by paragraph
  814  (6)(a). As used in this section, the term “proceeds of the fee”
  815  means all funds collected and received by the Department of
  816  Revenue under this section, including interest and penalties on
  817  delinquent fees. The amount deducted for administrative costs
  818  may not exceed 3 percent of the total revenues collected under
  819  this section and may equal only those administrative costs
  820  reasonably attributable to the fees.
  821         (4)(a) The Department of Revenue shall administer, collect,
  822  and enforce the mitigation and water treatment plant upgrade
  823  fees authorized under this section in accordance with the
  824  procedures used to administer, collect, and enforce the general
  825  sales tax imposed under chapter 212. The provisions of chapter
  826  212 with respect to the authority of the Department of Revenue
  827  to audit and make assessments, the keeping of books and records,
  828  and the interest and penalties imposed on delinquent fees apply
  829  to this section. The fees may not be included in computing
  830  estimated taxes under s. 212.11, and the dealer’s credit for
  831  collecting taxes or fees provided for in s. 212.12 does not
  832  apply to the fees imposed by this section.
  833         (6)(a) The proceeds of the mitigation fee must be used to
  834  conduct mitigation activities that are appropriate to offset the
  835  loss of the value and functions of wetlands as a result of
  836  mining activities and must be used in a manner consistent with
  837  the recommendations contained in the reports submitted to the
  838  Legislature by the Miami-Dade County Lake Belt Plan
  839  Implementation Committee and adopted under s. 373.4149. Such
  840  mitigation may include the purchase, enhancement, restoration,
  841  and management of wetlands and uplands, the purchase of
  842  mitigation credit from a permitted mitigation bank, and any
  843  structural modifications to the existing drainage system to
  844  enhance the hydrology of the Miami-Dade County Lake Belt Area.
  845  Funds may also be used to reimburse other funding sources,
  846  including the Save Our Rivers Land Acquisition Program, the
  847  Internal Improvement Trust Fund, the South Florida Water
  848  Management District, and Miami-Dade County, for the purchase of
  849  lands that were acquired in areas appropriate for mitigation due
  850  to rock mining and to reimburse governmental agencies that
  851  exchanged land under s. 373.4149 for mitigation due to rock
  852  mining. The proceeds of the water treatment plant upgrade fee
  853  that are deposited into the Lake Belt Mitigation Trust Fund
  854  shall be used solely to pay for seepage mitigation projects,
  855  including groundwater or surface water management structures, as
  856  authorized in an environmental resource permit issued by the
  857  department for mining activities within the Miami-Dade County
  858  Lake Belt Area. The proceeds of the water treatment plant
  859  upgrade fee that are transferred to a trust fund established by
  860  Miami-Dade County shall be used to upgrade a water treatment
  861  plant that treats water coming from the Northwest Wellfield in
  862  Miami-Dade County. As used in this section, the terms “upgrade a
  863  water treatment plant” or “water treatment plant upgrade” means
  864  those works necessary to treat or filter a surface water source
  865  or supply or both.
  866         Section 14. Present subsections (3), (4), and (5) of
  867  section 373.441, Florida Statutes, are renumbered as subsections
  868  (6), (7), and (8), respectively, and new subsections (3), (4),
  869  and (5) are added to that section, to read:
  870         373.441 Role of counties, municipalities, and local
  871  pollution control programs in permit processing; delegation.—
  872         (3) A county having a population of 200,000 or more or a
  873  municipality having a population of 100,000 or more that
  874  implements a local pollution control program regulating all or a
  875  portion of the wetlands or surface waters throughout its
  876  geographic boundary must apply for delegation of state
  877  environmental resource permitting authority on or before June 1,
  878  2012. Any such county or municipality that fails to receive
  879  delegation of all or a portion of permitting authority within
  880  one year, or by June 1, 2013, may not require permits that in
  881  part or in full are substantially similar to the requirements
  882  needed to obtain an environmental resource permit. Any county or
  883  municipality that has already received delegation prior to June
  884  1, 2012 need not reapply.
  885         (4) The department shall be responsible for all delegations
  886  of the environmental resource permitting program to local
  887  governments. The department must grant or deny any application
  888  for delegation submitted by a county or municipality meeting the
  889  criteria in section (3) within one year after receipt of said
  890  application. In the event an application for delegation is
  891  denied, any available legal challenge to said denial shall toll
  892  the one year preemption deadline until resolution of the legal
  893  challenge. Upon delegation to a qualified local government, the
  894  department and water management district may not regulate the
  895  activities subject to the delegation within that jurisdiction
  896  unless regulation is required pursuant to the terms of the
  897  delegation agreement.
  898         (5) This section does not prohibit or limit a local
  899  government meeting the criteria in subsection (3) from
  900  regulating wetlands or surface waters after June 1, 2012, if the
  901  local government receives delegation of all or a portion of
  902  state environmental resource permitting authority within one
  903  year after application. In the event an application for
  904  delegation is denied, any available legal challenge to said
  905  denial shall toll the one year preemption deadline until
  906  resolution of the legal challenge.
  907         (6) Notwithstanding subsections (3), (4), and (5) above,
  908  none of the provisions in this section shall apply to
  909  environmental resource permitting or reclamation applications
  910  for solid mineral mining and nothing in this section shall
  911  prohibit the application of local government regulations to any
  912  new solid mineral mine, or to any proposed addition to,
  913  expansion of, or change to an existing solid mineral mine.
  914         (7)(3) Delegation of authority shall be approved if the
  915  local government meets the requirements set forth in rule 62
  916  344, Florida Administrative Code. This section does not require
  917  a local government to seek delegation of the environmental
  918  resource permit program.
  919         (8)(4) This section does not affect or modify land
  920  development regulations adopted by a local government to
  921  implement its comprehensive plan pursuant to chapter 163.
  922         (9)(5) The department shall review environmental resource
  923  permit applications for electrical distribution and transmission
  924  lines and other facilities related to the production,
  925  transmission, and distribution of electricity which are not
  926  certified under ss. 403.52-403.5365, the Florida Electric
  927  Transmission Line Siting Act, regulated under this part.
  928         Section 15. Section 376.30715, Florida Statutes, is amended
  929  to read:
  930         376.30715 Innocent victim petroleum storage system
  931  restoration.—A contaminated site acquired by the current owner
  932  prior to July 1, 1990, which has ceased operating as a petroleum
  933  storage or retail business prior to January 1, 1985, is eligible
  934  for financial assistance pursuant to s. 376.305(6),
  935  notwithstanding s. 376.305(6) (a). For purposes of this section,
  936  the term “acquired” means the acquisition of title to the
  937  property; however, a subsequent transfer of the property to a
  938  spouse or child of the owner, a surviving spouse or child of the
  939  owner in trust or free of trust, or a revocable trust created
  940  for the benefit of the settlor, or a corporate entity created by
  941  the owner to hold title to the site does not disqualify the site
  942  from financial assistance pursuant to s. 376.305(6) and
  943  applicants previously denied coverage may reapply. Eligible
  944  sites shall be ranked in accordance with s. 376.3071(5).
  945         Section 16. Paragraph (u) is added to subsection (24) of
  946  section 380.06, Florida Statutes, to read:
  947         380.06 Developments of regional impact.—
  948         (24) STATUTORY EXEMPTIONS.—
  949         (u) Any proposed solid mineral mine and any proposed
  950  addition to, expansion of, or change to an existing solid
  951  mineral mine is exempt from the provisions of this section.
  952  Proposed changes to any previously approved solid mineral mine
  953  development-of-regional-impact development orders having vested
  954  rights is not subject to further review or approval as a
  955  development of regional impact or notice of proposed change
  956  review or approval pursuant to subsection (19), except for those
  957  applications pending as of July 1, 2011, which shall be governed
  958  by s. 380.115(2). Notwithstanding the foregoing, however,
  959  pursuant to s. 380.115(1), previously approved solid mineral
  960  mine development-of-regional-impact development orders shall
  961  continue to enjoy vested rights and continue to be effective
  962  unless rescinded by the developer. All local government
  963  regulations of proposed solid mineral mines shall be applicable
  964  to any new solid mineral mine or to any proposed addition to,
  965  expansion of, or change to an existing solid mineral mine.
  966  
  967         If a use is exempt from review as a development of regional
  968  impact under paragraphs (a)-(s), but will be part of a larger
  969  project that is subject to review as a development of regional
  970  impact, the impact of the exempt use must be included in the
  971  review of the larger project, unless such exempt use involves a
  972  development of regional impact that includes a landowner,
  973  tenant, or user that has entered into a funding agreement with
  974  the Office of Tourism, Trade, and Economic Development under the
  975  Innovation Incentive Program and the agreement contemplates a
  976  state award of at least $50 million.
  977         Section 17. Subsection (2) of section 403.1838, Florida
  978  Statutes, is amended to read:
  979         403.1838 Small Community Sewer Construction Assistance
  980  Act.—
  981         (2) The department shall use funds specifically
  982  appropriated to award grants under this section to assist
  983  financially disadvantaged small communities with their needs for
  984  adequate sewer facilities. For purposes of this section, the
  985  term “financially disadvantaged small community” means a
  986  municipality that has with a population of 10,000 7,500 or fewer
  987  less, according to the latest decennial census or and a per
  988  capita annual income less than the state per capita annual
  989  income as determined by the United States Department of
  990  Commerce.
  991         Section 18. Subsection (1) of section 380.0657, Florida
  992  Statutes, is amended to read:
  993         380.0657 Expedited permitting process for economic
  994  development projects.—
  995         (1) The Department of Environmental Protection and, as
  996  appropriate, the water management districts created under
  997  chapter 373 shall adopt programs to expedite the processing of
  998  wetland resource and environmental resource permits for economic
  999  development projects that have been identified by a municipality
 1000  or county as meeting the definition of target industry
 1001  businesses under s. 288.106, or any inland multimodal facility,
 1002  receiving or sending cargo to or from Florida ports, with the
 1003  exception of those projects requiring approval by the Board of
 1004  Trustees of the Internal Improvement Trust Fund.
 1005         Section 19. Subsection (11) of section 403.061, Florida
 1006  Statutes, is amended to read:
 1007         403.061 Department; powers and duties.—The department shall
 1008  have the power and the duty to control and prohibit pollution of
 1009  air and water in accordance with the law and rules adopted and
 1010  promulgated by it and, for this purpose, to:
 1011         (11) Establish ambient air quality and water quality
 1012  standards for the state as a whole or for any part thereof, and
 1013  also standards for the abatement of excessive and unnecessary
 1014  noise. The department is authorized to establish reasonable
 1015  zones of mixing for discharges into waters. For existing
 1016  installations as defined by rule 62-520.200(10), Florida
 1017  Administrative Code, effective July 12, 2009, zones of discharge
 1018  to groundwater are authorized to a facility or owner’s property
 1019  boundary and extending to the base of the uppermost aquifer or a
 1020  specifically designated aquifer or aquifers. Exceedances of
 1021  primary and secondary groundwater standards that occur within a
 1022  zone of discharge shall not create liability pursuant to this
 1023  chapter or chapter 376 for site clean-up, nor shall exceedances
 1024  of soil cleanup target levels be a basis for enforcement or site
 1025  clean-up.
 1026         (a) When a receiving body of water fails to meet a water
 1027  quality standard for pollutants set forth in department rules, a
 1028  steam electric generating plant discharge of pollutants that is
 1029  existing or licensed under this chapter on July 1, 1984, may
 1030  nevertheless be granted a mixing zone, provided that:
 1031         1. The standard would not be met in the water body in the
 1032  absence of the discharge;
 1033         2. The discharge is in compliance with all applicable
 1034  technology-based effluent limitations;
 1035         3. The discharge does not cause a measurable increase in
 1036  the degree of noncompliance with the standard at the boundary of
 1037  the mixing zone; and
 1038         4. The discharge otherwise complies with the mixing zone
 1039  provisions specified in department rules.
 1040         (b) No mixing zone for point source discharges shall be
 1041  permitted in Outstanding Florida Waters except for:
 1042         1. Sources that have received permits from the department
 1043  prior to April 1, 1982, or the date of designation, whichever is
 1044  later;
 1045         2. Blowdown from new power plants certified pursuant to the
 1046  Florida Electrical Power Plant Siting Act;
 1047         3. Discharges of water necessary for water management
 1048  purposes which have been approved by the governing board of a
 1049  water management district and, if required by law, by the
 1050  secretary; and
 1051         4. The discharge of demineralization concentrate which has
 1052  been determined permittable under s. 403.0882 and which meets
 1053  the specific provisions of s. 403.0882(4)(a) and (b), if the
 1054  proposed discharge is clearly in the public interest.
 1055         (c) The department, by rule, shall establish water quality
 1056  criteria for wetlands which criteria give appropriate
 1057  recognition to the water quality of such wetlands in their
 1058  natural state.
 1059  
 1060         Nothing in this act shall be construed to invalidate any
 1061  existing department rule relating to mixing zones. The
 1062  department shall cooperate with the Department of Highway Safety
 1063  and Motor Vehicles in the development of regulations required by
 1064  s. 316.272(1). The department shall implement such programs in
 1065  conjunction with its other powers and duties and shall place
 1066  special emphasis on reducing and eliminating contamination that
 1067  presents a threat to humans, animals or plants, or to the
 1068  environment.
 1069         Section 20. Subsection (7) of section 403.087, Florida
 1070  Statutes, is amended to read:
 1071         403.087 Permits; general issuance; denial; revocation;
 1072  prohibition; penalty.—
 1073         (7) A permit issued pursuant to this section shall not
 1074  become a vested right in the permittee. The department may
 1075  revoke any permit issued by it if it finds that the permitholder
 1076  has:
 1077         (a) Has Submitted false or inaccurate information in the
 1078  his or her application for such permit;
 1079         (b) Has Violated law, department orders, rules, or
 1080  regulations, or permit conditions;
 1081         (c) Has Failed to submit operational reports or other
 1082  information required by department rule which directly relate to
 1083  such permit and has refused to correct or cure such violations
 1084  when requested to do so or regulation; or
 1085         (d) Has Refused lawful inspection under s. 403.091 at the
 1086  facility authorized by such permit.
 1087         Section 21. Section 403.0874, Florida Statutes, is created
 1088  to read:
 1089         403.0874Incentive-based permitting program.—
 1090         (1)SHORT TITLE.—This section may be cited as the “Florida
 1091  Incentive-based Permitting Act.”
 1092         (2)FINDINGS AND INTENT.—The Legislature finds and declares
 1093  that the department should consider compliance history when
 1094  deciding whether to issue, renew, amend, or modify a permit by
 1095  evaluating an applicant’s site-specific and program-specific
 1096  relevant aggregate compliance history. Persons having a history
 1097  of complying with applicable permits or state environmental laws
 1098  and rules are eligible for permitting benefits, including, but
 1099  not limited to, expedited permit application reviews, longer
 1100  duration permit periods, decreased announced compliance
 1101  inspections, and other similar regulatory and compliance
 1102  incentives to encourage and reward such persons for their
 1103  environmental performance.
 1104         (3)APPLICABILITY.—
 1105         (a)This section applies to all persons and regulated
 1106  activities that are subject to the permitting requirements of
 1107  chapter 161, chapter 373, or this chapter, and all other
 1108  applicable state or federal laws that govern activities for the
 1109  purpose of protecting the environment or the public health from
 1110  pollution or contamination.
 1111         (b)Notwithstanding paragraph (a), this section does not
 1112  apply to certain permit actions or environmental permitting laws
 1113  such as:
 1114         1.Environmental permitting or authorization laws that
 1115  regulate activities for the purpose of zoning, growth
 1116  management, or land use; or
 1117         2.Any federal law or program delegated or assumed by the
 1118  state to the extent that implementation of this section, or any
 1119  part of this section, would jeopardize the ability of the state
 1120  to retain such delegation or assumption.
 1121         (c)As used in this section, a the term “regulated
 1122  activity” means any activity, including, but not limited to, the
 1123  construction or operation of a facility, installation, system,
 1124  or project, for which a permit, certification, or authorization
 1125  is required under chapter 161, chapter 373, or this chapter.
 1126         (4)COMPLIANCE HISTORY.—The compliance history period shall
 1127  be the 10 years before the date any permit or renewal
 1128  application is received by the department. Any person is
 1129  entitled to the incentives under paragraph (5)(a) if:
 1130         (a)l.The applicant has conducted the regulated activity at
 1131  the same site for which the permit or renewal is sought for at
 1132  least 8 of the 10 years before the date the permit application
 1133  is received by the department; or
 1134         2.The applicant has conducted the same regulated activity
 1135  at a different site within the state for at least 8 of the 10
 1136  years before the date the permit or renewal application is
 1137  received by the department; and
 1138         (b) In the 10 years before the date the permit or renewal
 1139  application is received by the department or water management
 1140  district, the applicant has not been subject to a final
 1141  administrative order or civil judgment or criminal conviction
 1142  whereby an administrative law judge or civil or criminal court
 1143  found the applicant violated the applicable law or rule, and has
 1144  not been the subject of an administrative settlement or consent
 1145  orders, whether formal or informal, that established a violation
 1146  of an applicable law or rule; and
 1147         (c)The applicant can demonstrate during a 10-year
 1148  compliance history period the implementation of activities or
 1149  practices that resulted in:
 1150         1.Reductions in actual or permitted discharges or
 1151  emissions;
 1152         2.Reductions in the impacts of regulated activities on
 1153  public lands or natural resources; and
 1154         3.Implementation of voluntary environmental performance
 1155  programs, such as environmental management systems.
 1156         (5)COMPLIANCE INCENTIVES.—
 1157         (a)An applicant shall request all applicable incentives at
 1158  the time of application submittal. Unless otherwise prohibited
 1159  by state or federal law, rule, or regulation, and if the
 1160  applicant meets all other applicable criteria for the issuance
 1161  of a permit or authorization, an applicant is entitled to the
 1162  following incentives:
 1163         1. Expedited reviews on permit actions, including, but not
 1164  limited to, initial permit issuance, renewal, modification, and
 1165  transfer, if applicable. Expedited review means, at a minimum,
 1166  that the initial request for additional information regarding a
 1167  permit application shall be issued no later than 30 days after
 1168  the application is filed, and final agency action shall be taken
 1169  no later than 60 days after the application is deemed complete;
 1170         2. Priority review of permit application;
 1171         3. Reduced number of routine compliance inspections;
 1172         4. No more than two requests for additional information
 1173  under s. 120.60; and
 1174         5. Longer permit period durations.
 1175         (6) RULEMAKING.—The department may adopt additional
 1176  incentives by rule. Such incentives shall be based on, and
 1177  proportional to, actions taken by the applicant to reduce the
 1178  applicant’s impacts on human health and the environment beyond
 1179  those actions required by law. The department’s rules adopted
 1180  under this section are binding on the water management districts
 1181  and any local government that has been delegated or assumed a
 1182  regulatory program to which this section applies.
 1183         (7) SAVINGS PROVISION.—This section is not intended to
 1184  affect an applicant’s responsibility to provide reasonable
 1185  assurance of compliance with applicable statutes and rules as a
 1186  condition precedent to issuance of a permit, nor to limit
 1187  factors the department, a water management district, or a
 1188  delegated program can consider in evaluating a permit
 1189  application under existing law.
 1190         Section 22. Paragraph (f) of subsection (1) of section
 1191  403.7045, Florida Statutes, is amended to read:
 1192         403.7045 Application of act and integration with other
 1193  acts.—
 1194         (1) The following wastes or activities shall not be
 1195  regulated pursuant to this act:
 1196         (f) Industrial byproducts, if:
 1197         1. A majority of the industrial byproducts are demonstrated
 1198  to be sold, used, or reused within 1 year.
 1199         2. The industrial byproducts are not discharged, deposited,
 1200  injected, dumped, spilled, leaked, or placed upon any land or
 1201  water so that such industrial byproducts, or any constituent
 1202  thereof, may enter other lands or be emitted into the air or
 1203  discharged into any waters, including groundwaters, or otherwise
 1204  enter the environment such that a threat of contamination in
 1205  excess of applicable department standards and criteria or a
 1206  significant threat to public health is caused.
 1207  3. The industrial byproducts are not hazardous wastes as defined
 1208  under s. 403.703 and rules adopted under this section.
 1209  
 1210  Sludge from an industrial waste treatment works that meets the
 1211  exemption requirements of this paragraph is not considered to be
 1212  solid waste as defined in s. 403.703(32).
 1213         Section 23. Subsections (2) and (3) of section 403.707,
 1214  Florida Statutes, are amended to read:
 1215         403.707 Permits.—
 1216         (2) Except as provided in s. 403.722(6), a permit under
 1217  this section is not required for the following, if the activity
 1218  does not create a public nuisance or any condition adversely
 1219  affecting the environment or public health and does not violate
 1220  other state or local laws, ordinances, rules, regulations, or
 1221  orders:
 1222         (a) Disposal by persons of solid waste resulting from their
 1223  own activities on their own property, if such waste is ordinary
 1224  household waste from their residential property or is rocks,
 1225  soils, trees, tree remains, and other vegetative matter that
 1226  normally result from land development operations. Disposal of
 1227  materials that could create a public nuisance or adversely
 1228  affect the environment or public health, such as white goods;
 1229  automotive materials, such as batteries and tires; petroleum
 1230  products; pesticides; solvents; or hazardous substances, is not
 1231  covered under this exemption.
 1232         (b) Storage in containers by persons of solid waste
 1233  resulting from their own activities on their property, leased or
 1234  rented property, or property subject to a homeowners or
 1235  maintenance association for which the person contributes
 1236  association assessments, if the solid waste in such containers
 1237  is collected at least once a week.
 1238         (c) Disposal by persons of solid waste resulting from their
 1239  own activities on their property, if the environmental effects
 1240  of such disposal on groundwater and surface waters are:
 1241         1. Addressed or authorized by a site certification order
 1242  issued under part II or a permit issued by the department under
 1243  this chapter or rules adopted pursuant to this chapter; or
 1244         2. Addressed or authorized by, or exempted from the
 1245  requirement to obtain, a groundwater monitoring plan approved by
 1246  the department. If the facility has a permit authorizing
 1247  disposal activity, new areas where solid waste is disposed of
 1248  that are being monitored by an existing or modified ground water
 1249  monitoring plan are not required to be specifically authorized
 1250  by permit or certification.
 1251         (d) Disposal by persons of solid waste resulting from their
 1252  own activities on their own property, if such disposal occurred
 1253  prior to October 1, 1988.
 1254         (e) Disposal of solid waste resulting from normal farming
 1255  operations as defined by department rule. Polyethylene
 1256  agricultural plastic, damaged, nonsalvageable, untreated wood
 1257  pallets, and packing material that cannot be feasibly recycled,
 1258  which are used in connection with agricultural operations
 1259  related to the growing, harvesting, or maintenance of crops, may
 1260  be disposed of by open burning if a public nuisance or any
 1261  condition adversely affecting the environment or the public
 1262  health is not created by the open burning and state or federal
 1263  ambient air quality standards are not violated.
 1264         (f) The use of clean debris as fill material in any area.
 1265  However, this paragraph does not exempt any person from
 1266  obtaining any other required permits, and does not affect a
 1267  person’s responsibility to dispose of clean debris appropriately
 1268  if it is not to be used as fill material.
 1269         (g) Compost operations that produce less than 50 cubic
 1270  yards of compost per year when the compost produced is used on
 1271  the property where the compost operation is located.
 1272         (3) All applicable provisions of ss. 403.087 and 403.088,
 1273  relating to permits, apply to the control of solid waste
 1274  management facilities. Additionally, any permit issued to a
 1275  solid waste management facility that is designed with a leachate
 1276  control system meeting department requirements shall be for a
 1277  term of 20 years, or should the applicant request, a lesser
 1278  number of years. Existing permit fees for qualifying solid waste
 1279  management facilities shall be prorated to the permit term
 1280  authorized by this section. This provision applies to all
 1281  qualifying solid waste management facilities that apply for an
 1282  operating or construction permit, or renew an existing operating
 1283  or construction permit, on or after July 1, 2012.
 1284         Section 24. Subsection (12) is added to section 403.814,
 1285  Florida Statutes, to read:
 1286         403.814 General permits; delegation.—
 1287         (12) A general permit shall be granted for the
 1288  construction, alteration, and maintenance of a surface water
 1289  management system serving a total project area of up to 10
 1290  acres. The construction of such a system may proceed without any
 1291  agency action by the department or water management district if:
 1292         (a) The total project area is less than 10 acres;
 1293         (b) The total project area involves less than 2 acres of
 1294  impervious surface;
 1295         (c) No activities will impact wetlands or other surface
 1296  waters;
 1297         (d) No activities are conducted in, on, or over wetlands or
 1298  other surface waters;
 1299         (e) Drainage facilities will not include pipes having
 1300  diameters greater than 24 inches, or the hydraulic equivalent,
 1301  and will not use pumps in any manner;
 1302         (f) The project is not part of a larger common plan of
 1303  development or sale.
 1304         (g) The project does not:
 1305         1. Cause adverse water quantity or flooding impacts to
 1306  receiving water and adjacent lands;
 1307         2. Cause adverse impacts to existing surface water storage
 1308  and conveyance capabilities;
 1309         3. Cause a violation of state water quality standards; and
 1310         4. Cause an adverse impact to the maintenance of surface or
 1311  ground water levels or surface water flows established pursuant
 1312  to s. 373.042 or a work of the district established pursuant to
 1313  s. 373.086; and
 1314         (h) The surface water management system design plans must
 1315  be signed and sealed by a Florida registered professional who
 1316  shall attest that the system will perform and function as
 1317  proposed and has been designed in accordance with appropriate,
 1318  generally accepted performance standards and scientific
 1319  principles.
 1320         Section 25. Paragraph (a) of subsection (3) and subsections
 1321  (4), (5), (10), (11), (14), (15), and (18) of section 403.973,
 1322  Florida Statutes, are amended to read:
 1323         403.973 Expedited permitting; amendments to comprehensive
 1324  plans.—
 1325         (3)(a) The secretary shall direct the creation of regional
 1326  permit action teams for the purpose of expediting review of
 1327  permit applications and local comprehensive plan amendments
 1328  submitted by:
 1329         1. Businesses creating at least 50 jobs or a commercial or
 1330  industrial development project that will be occupied by
 1331  businesses that would individually or collectively create at
 1332  least 50 jobs; or
 1333         2. Businesses creating at least 25 jobs if the project is
 1334  located in an enterprise zone, or in a county having a
 1335  population of fewer than 75,000 or in a county having a
 1336  population of fewer than 125,000 which is contiguous to a county
 1337  having a population of fewer than 75,000, as determined by the
 1338  most recent decennial census, residing in incorporated and
 1339  unincorporated areas of the county.
 1340         (4) The regional teams shall be established through the
 1341  execution of a project-specific memoranda of agreement developed
 1342  and executed by the applicant and the secretary, with input
 1343  solicited from the office and the respective heads of the
 1344  Department of Community Affairs, the Department of
 1345  Transportation and its district offices, the Department of
 1346  Agriculture and Consumer Services, the Fish and Wildlife
 1347  Conservation Commission, appropriate regional planning councils,
 1348  appropriate water management districts, and voluntarily
 1349  participating municipalities and counties. The memoranda of
 1350  agreement should also accommodate participation in this
 1351  expedited process by other local governments and federal
 1352  agencies as circumstances warrant.
 1353         (5) In order to facilitate local government’s option to
 1354  participate in this expedited review process, the secretary
 1355  shall, in cooperation with local governments and participating
 1356  state agencies, create a standard form memorandum of agreement.
 1357  The standard form of the memorandum of agreement shall be used
 1358  only if the local government participates in the expedited
 1359  review process. In the absence of local government
 1360  participation, only the project-specific memorandum of agreement
 1361  executed pursuant to subsection (4) applies. A local government
 1362  shall hold a duly noticed public workshop to review and explain
 1363  to the public the expedited permitting process and the terms and
 1364  conditions of the standard form memorandum of agreement.
 1365         (10) The memoranda of agreement may provide for the waiver
 1366  or modification of procedural rules prescribing forms, fees,
 1367  procedures, or time limits for the review or processing of
 1368  permit applications under the jurisdiction of those agencies
 1369  that are members of the regional permit action team party to the
 1370  memoranda of agreement. Notwithstanding any other provision of
 1371  law to the contrary, a memorandum of agreement must to the
 1372  extent feasible provide for proceedings and hearings otherwise
 1373  held separately by the parties to the memorandum of agreement to
 1374  be combined into one proceeding or held jointly and at one
 1375  location. Such waivers or modifications shall not be available
 1376  for permit applications governed by federally delegated or
 1377  approved permitting programs, the requirements of which would
 1378  prohibit, or be inconsistent with, such a waiver or
 1379  modification.
 1380         (11) The standard form for memoranda of agreement shall
 1381  include guidelines to be used in working with state, regional,
 1382  and local permitting authorities. Guidelines may include, but
 1383  are not limited to, the following:
 1384         (a) A central contact point for filing permit applications
 1385  and local comprehensive plan amendments and for obtaining
 1386  information on permit and local comprehensive plan amendment
 1387  requirements;
 1388         (b) Identification of the individual or individuals within
 1389  each respective agency who will be responsible for processing
 1390  the expedited permit application or local comprehensive plan
 1391  amendment for that agency;
 1392         (c) A mandatory preapplication review process to reduce
 1393  permitting conflicts by providing guidance to applicants
 1394  regarding the permits needed from each agency and governmental
 1395  entity, site planning and development, site suitability and
 1396  limitations, facility design, and steps the applicant can take
 1397  to ensure expeditious permit application and local comprehensive
 1398  plan amendment review. As a part of this process, the first
 1399  interagency meeting to discuss a project shall be held within 14
 1400  days after the secretary’s determination that the project is
 1401  eligible for expedited review. Subsequent interagency meetings
 1402  may be scheduled to accommodate the needs of participating local
 1403  governments that are unable to meet public notice requirements
 1404  for executing a memorandum of agreement within this timeframe.
 1405  This accommodation may not exceed 45 days from the secretary’s
 1406  determination that the project is eligible for expedited review;
 1407         (d) The preparation of a single coordinated project
 1408  description form and checklist and an agreement by state and
 1409  regional agencies to reduce the burden on an applicant to
 1410  provide duplicate information to multiple agencies;
 1411         (e) Establishment of a process for the adoption and review
 1412  of any comprehensive plan amendment needed by any certified
 1413  project within 90 days after the submission of an application
 1414  for a comprehensive plan amendment. However, the memorandum of
 1415  agreement may not prevent affected persons as defined in s.
 1416  163.3184 from appealing or participating in this expedited plan
 1417  amendment process and any review or appeals of decisions made
 1418  under this paragraph; and
 1419         (f) Additional incentives for an applicant who proposes a
 1420  project that provides a net ecosystem benefit.
 1421         (14)(a) Challenges to state agency action in the expedited
 1422  permitting process for projects processed under this section are
 1423  subject to the summary hearing provisions of s. 120.574, except
 1424  that the administrative law judge’s decision, as provided in s.
 1425  120.574(2)(f), shall be in the form of a recommended order and
 1426  shall not constitute the final action of the state agency. In
 1427  those proceedings where the action of only one agency of the
 1428  state other than the Department of Environmental Protection is
 1429  challenged, the agency of the state shall issue the final order
 1430  within 45 working days after receipt of the administrative law
 1431  judge’s recommended order, and the recommended order shall
 1432  inform the parties of their right to file exceptions or
 1433  responses to the recommended order in accordance with the
 1434  uniform rules of procedure pursuant to s. 120.54. In those
 1435  proceedings where the actions of more than one agency of the
 1436  state are challenged, the Governor shall issue the final order
 1437  within 45 working days after receipt of the administrative law
 1438  judge’s recommended order, and the recommended order shall
 1439  inform the parties of their right to file exceptions or
 1440  responses to the recommended order in accordance with the
 1441  uniform rules of procedure pursuant to s. 120.54. For This
 1442  paragraph does not apply to the issuance of department licenses
 1443  required under any federally delegated or approved permit
 1444  program. In such instances, the department, and not the
 1445  Governor, shall enter the final order. The participating
 1446  agencies of the state may opt at the preliminary hearing
 1447  conference to allow the administrative law judge’s decision to
 1448  constitute the final agency action. If a participating local
 1449  government agrees to participate in the summary hearing
 1450  provisions of s. 120.574 for purposes of review of local
 1451  government comprehensive plan amendments, s. 163.3184(9) and
 1452  (10) apply.
 1453         (b) Projects identified in paragraph (3) (f) or challenges
 1454  to state agency action in the expedited permitting process for
 1455  establishment of a state-of-the-art biomedical research
 1456  institution and campus in this state by the grantee under s.
 1457  288.955 are subject to the same requirements as challenges
 1458  brought under paragraph (a), except that, notwithstanding s.
 1459  120.574, summary proceedings must be conducted within 30 days
 1460  after a party files the motion for summary hearing, regardless
 1461  of whether the parties agree to the summary proceeding.
 1462         (15) The office, working with the agencies providing
 1463  cooperative assistance and input regarding the memoranda of
 1464  agreement, shall review sites proposed for the location of
 1465  facilities that the office has certified to be eligible for the
 1466  Innovation Incentive Program under s. 288.1089. Within 20 days
 1467  after the request for the review by the office, the agencies
 1468  shall provide to the office a statement as to each site’s
 1469  necessary permits under local, state, and federal law and an
 1470  identification of significant permitting issues, which if
 1471  unresolved, may result in the denial of an agency permit or
 1472  approval or any significant delay caused by the permitting
 1473  process.
 1474         (18) The office, working with the Rural Economic
 1475  Development Initiative and the agencies participating in the
 1476  memoranda of agreement, shall provide technical assistance in
 1477  preparing permit applications and local comprehensive plan
 1478  amendments for counties having a population of fewer than 75,000
 1479  residents, or counties having fewer than 125,000 residents which
 1480  are contiguous to counties having fewer than 75,000 residents.
 1481  Additional assistance may include, but not be limited to,
 1482  guidance in land development regulations and permitting
 1483  processes, working cooperatively with state, regional, and local
 1484  entities to identify areas within these counties which may be
 1485  suitable or adaptable for preclearance review of specified types
 1486  of land uses and other activities requiring permits.
 1487         Section 26. Subsection (5) is added to section 526.203,
 1488  Florida Statutes, to read:
 1489         526.203 Renewable fuel standard.—
 1490         (5) This section does not prohibit the sale of unblended
 1491  fuels for the uses exempted under subsection (3).
 1492         Section 27. The installation of fuel tank upgrades to
 1493  secondary containment systems shall be completed by the
 1494  deadlines specified in rule 62-761.510, Florida Administrative
 1495  Code, Table UST. However, notwithstanding any agreements to the
 1496  contrary, any fuel service station that changed ownership
 1497  interest through a bona fide sale of the property between
 1498  January 1, 2009, and December 31, 2009, is not required to
 1499  complete the upgrades described in Rule 62-761.510, Florida
 1500  Administrative Code, Table UST, until December 31, 2012.
 1501         Section 28. Subsection (18) of section 373.414, Florida
 1502  Statutes, is amended to read:
 1503         373.414 Additional criteria for activities in surface
 1504  waters and wetlands.—
 1505         (18) The department in coordination with and each water
 1506  management district responsible for implementation of the
 1507  environmental resource permitting program shall develop a
 1508  uniform mitigation assessment method for wetlands and other
 1509  surface waters. The department shall adopt the uniform
 1510  mitigation assessment method by rule no later than July 31,
 1511  2002. The rule shall provide an exclusive, uniform and
 1512  consistent process for determining the amount of mitigation
 1513  required to offset impacts to wetlands and other surface waters,
 1514  and, once effective, shall supersede all rules, ordinances, and
 1515  variance procedures from ordinances that determine the amount of
 1516  mitigation needed to offset such impacts. Except when evaluating
 1517  mitigation bank applications, which must meet the criteria of
 1518  373.4136(1), the rule shall be applied only after determining
 1519  that the mitigation is appropriate to offset the values and
 1520  functions of wetlands and surface waters to be adversely
 1521  impacted by the proposed activity. Once the department adopts
 1522  the uniform mitigation assessment method by rule, the uniform
 1523  mitigation assessment method shall be binding on the department,
 1524  the water management districts, local governments, and any other
 1525  governmental agencies and shall be the sole means to determine
 1526  the amount of mitigation needed to offset adverse impacts to
 1527  wetlands and other surface waters and to award and deduct
 1528  mitigation bank credits. A water management district and any
 1529  other governmental agency subject to chapter 120 may apply the
 1530  uniform mitigation assessment method without the need to adopt
 1531  it pursuant to s. 120.54. It shall be a goal of the department
 1532  and water management districts that the uniform mitigation
 1533  assessment method developed be practicable for use within the
 1534  timeframes provided in the permitting process and result in a
 1535  consistent process for determining mitigation requirements. It
 1536  shall be recognized that any such method shall require the
 1537  application of reasonable scientific judgment. The uniform
 1538  mitigation assessment method must determine the value of
 1539  functions provided by wetlands and other surface waters
 1540  considering the current conditions of these areas, utilization
 1541  by fish and wildlife, location, uniqueness, and hydrologic
 1542  connection, and, when applied to mitigation banks, the factors
 1543  listed in s. 373.4136(4). The uniform mitigation assessment
 1544  method shall also account for the expected time-lag associated
 1545  with offsetting impacts and the degree of risk associated with
 1546  the proposed mitigation. The uniform mitigation assessment
 1547  method shall account for different ecological communities in
 1548  different areas of the state. In developing the uniform
 1549  mitigation assessment method, the department and water
 1550  management districts shall consult with approved local programs
 1551  under s. 403.182 which have an established mitigation program
 1552  for wetlands or other surface waters. The department and water
 1553  management districts shall consider the recommendations
 1554  submitted by such approved local programs, including any
 1555  recommendations relating to the adoption by the department and
 1556  water management districts of any uniform mitigation methodology
 1557  that has been adopted and used by an approved local program in
 1558  its established mitigation program for wetlands or other surface
 1559  waters. Environmental resource permitting rules may establish
 1560  categories of permits or thresholds for minor impacts under
 1561  which the use of the uniform mitigation assessment method will
 1562  not be required. The application of the uniform mitigation
 1563  assessment method is not subject to s. 70.001. In the event the
 1564  rule establishing the uniform mitigation assessment method is
 1565  deemed to be invalid, the applicable rules related to
 1566  establishing needed mitigation in existence prior to the
 1567  adoption of the uniform mitigation assessment method, including
 1568  those adopted by a county which is an approved local program
 1569  under s. 403.182, and the method described in paragraph (b) for
 1570  existing mitigation banks, shall be authorized for use by the
 1571  department, water management districts, local governments, and
 1572  other state agencies.
 1573         (a) In developing the uniform mitigation assessment method,
 1574  the department shall seek input from the United States Army
 1575  Corps of Engineers in order to promote consistency in the
 1576  mitigation assessment methods used by the state and federal
 1577  permitting programs.
 1578         (b) An entity which has received a mitigation bank permit
 1579  prior to the adoption of the uniform mitigation assessment
 1580  method shall have impact sites assessed, for the purpose of
 1581  deducting bank credits, using the credit assessment method,
 1582  including any functional assessment methodology, which was in
 1583  place when the bank was permitted; unless the entity elects to
 1584  have its credits redetermined, and thereafter have its credits
 1585  deducted, using the uniform mitigation assessment method.
 1586         (c) The department shall ensure statewide coordination and
 1587  consistency in the interpretation and application of the uniform
 1588  mitigation assessment method rule by providing programmatic
 1589  training and guidance to staff of the department, water
 1590  management districts, and local governments. To ensure that the
 1591  uniform mitigation assessment method rule is interpreted and
 1592  applied uniformly, the department’s interpretation, guidance,
 1593  and approach to applying the uniform mitigation assessment
 1594  method rule shall govern.
 1595         (d) Applicants shall submit the information needed to
 1596  perform the assessment required under the uniform mitigation
 1597  assessment method rule, and may submit the qualitative
 1598  characterization and quantitative assessment for each assessment
 1599  area specified by the rule. The reviewing agency shall review
 1600  that information and notify the applicant of any inadequacy in
 1601  the information or application of the assessment method.
 1602         (e) When conducting qualitative characterization of
 1603  artificial wetlands and other surface waters, such as borrow
 1604  pits, ditches, and canals under the uniform mitigation
 1605  assessment method rule, the native community type to which it is
 1606  most analogous in function shall be used as a reference. For
 1607  wetlands or other surface waters that have been altered from
 1608  their native community type, the historic community type at that
 1609  location shall be used as a reference, unless the alteration has
 1610  been of such a degree and extent that a different native
 1611  community type is now present and self sustaining.
 1612         (f) When conducting qualitative characterization of upland
 1613  mitigation assessment areas, the characterization shall include
 1614  functions that the upland assessment area provides to the fish
 1615  and wildlife of the associated wetland or other surface waters.
 1616  These functions shall be considered and accounted for when
 1617  scoring the upland assessment area for preservation,
 1618  enhancement, or restoration.
 1619         (g) Preservation mitigation, as used in the uniform
 1620  mitigation assessment method, means the protection of important
 1621  wetland, other surface water or upland ecosystems (predominantly
 1622  in their existing condition and absent restoration, creation or
 1623  enhancement) from adverse impacts by placing a conservation
 1624  easement or other comparable land use restriction over the
 1625  property or by donation of fee simple interest in the property.
 1626  Preservation may include a management plan for perpetual
 1627  protection of the area. The preservation adjustment factor set
 1628  forth in rule 62-345.500(3), Florida Administrative Code, shall
 1629  only apply to preservation mitigation.
 1630         (h) When assessing a preservation mitigation assessment
 1631  area under the uniform mitigation assessment method the
 1632  following shall apply:
 1633         1. “Without preservation” shall consider the reasonably
 1634  anticipated loss of functions and values provided by the
 1635  assessment area, assuming the area is not preserved.
 1636         2. Each of the considerations of the preservation
 1637  adjustment factor specified in Rule 62-345.500(3) (a), Florida
 1638  Administrative Code shall be equally weighted and scored on a
 1639  scale from 0 (no value) to 0.2 (optimal value). In addition, the
 1640  minimum preservation adjustment factor shall be 0.2.
 1641         (i) The location and landscape support scores, pursuant to
 1642  rule 62-345.500, Florida Administrative Code, may change in the
 1643  “with mitigation” or “with impact” condition in both upland and
 1644  wetland assessment areas, regardless of the initial community
 1645  structure or water environment scores.
 1646         (j) When a mitigation plan for creation, restoration, or
 1647  enhancement includes a preservation mechanism (such as a
 1648  conservation easement), the “with mitigation” assessment of that
 1649  creation, restoration, or enhancement shall consider, and the
 1650  scores shall reflect, the benefits of that preservation
 1651  mechanism, and the benefits of that preservation mechanism shall
 1652  not be scored separately.
 1653         (k) Any entity holding a mitigation bank permit that was
 1654  evaluated under the uniform mitigation assessment method prior
 1655  to the effective date of paragraphs (c)-(j), may submit a permit
 1656  modification request to the relevant permitting agency to have
 1657  such mitigation bank reassessed pursuant to the provisions set
 1658  forth in this section, and the relevant permitting agency shall
 1659  reassess such mitigation bank, if such request is filed with
 1660  that agency no later than September 30, 2011.
 1661         Section 29. Subsection (4) of section 373.4136, Florida
 1662  Statutes, is amended to read:
 1663         373.4136 Establishment and operation of mitigation banks.—
 1664         (4) MITIGATION CREDITS.—After evaluating the information
 1665  submitted by the applicant for a mitigation bank permit and
 1666  assessing the proposed mitigation bank pursuant to the criteria
 1667  in this section, the department or water management district
 1668  shall award a number of mitigation credits to a proposed
 1669  mitigation bank or phase of such mitigation bank. An entity
 1670  establishing and operating a mitigation bank may apply to modify
 1671  the mitigation bank permit to seek the award of additional
 1672  mitigation credits if the mitigation bank results in an
 1673  additional increase in ecological value over the value
 1674  contemplated at the time of the original permit issuance, or the
 1675  most recent modification thereto involving the number of credits
 1676  awarded. The number of credits awarded shall be based on the
 1677  degree of improvement in ecological value expected to result
 1678  from the establishment and operation of the mitigation bank as
 1679  determined using the uniform mitigation assessment method
 1680  adopted pursuant to s. 373.414(18). a functional assessment
 1681  methodology. In determining the degree of improvement in
 1682  ecological value, each of the following factors, at a minimum,
 1683  shall be evaluated:
 1684         (a) The extent to which target hydrologic regimes can be
 1685  achieved and maintained.
 1686         (b) The extent to which management activities promote
 1687  natural ecological conditions, such as natural fire patterns.
 1688         (c) The proximity of the mitigation bank to areas with
 1689  regionally significant ecological resources or habitats, such as
 1690  national or state parks, Outstanding National Resource Waters
 1691  and associated watersheds, Outstanding Florida Waters and
 1692  associated watersheds, and lands acquired through governmental
 1693  or nonprofit land acquisition programs for environmental
 1694  conservation; and the extent to which the mitigation bank
 1695  establishes corridors for fish, wildlife, or listed species to
 1696  those resources or habitats.
 1697         (d) The quality and quantity of wetland or upland
 1698  restoration, enhancement, preservation, or creation.
 1699         (e) The ecological and hydrological relationship between
 1700  wetlands and uplands in the mitigation bank.
 1701         (f) The extent to which the mitigation bank provides
 1702  habitat for fish and wildlife, especially habitat for species
 1703  listed as threatened, endangered, or of special concern, or
 1704  provides habitats that are unique for that mitigation service
 1705  area.
 1706         (g) The extent to which the lands that are to be preserved
 1707  are already protected by existing state, local, or federal
 1708  regulations or land use restrictions.
 1709         (h) The extent to which lands to be preserved would be
 1710  adversely affected if they were not preserved.
 1711         (i) Any special designation or classification of the
 1712  affected waters and lands.
 1713         Section 30. Section 218.075, Florida Statutes, is amended
 1714  to read:
 1715         218.075 Reduction or waiver of permit processing fees.
 1716  Notwithstanding any other provision of law, the Department of
 1717  Environmental Protection and the water management districts
 1718  shall reduce or waive permit processing fees for counties with a
 1719  population of 50,000 or less on April 1, 1994, until such
 1720  counties exceed a population of 75,000 and municipalities with a
 1721  population of 25,000 or less, or an entity created by special
 1722  act or local ordinance or interlocal agreement of such counties
 1723  or municipalities or any county or municipality not included
 1724  within a metropolitan statistical area. Fee reductions or
 1725  waivers shall be approved on the basis of fiscal hardship or
 1726  environmental need for a particular project or activity. The
 1727  governing body must certify that the cost of the permit
 1728  processing fee is a fiscal hardship due to one of the following
 1729  factors:
 1730         (1) Per capita taxable value is less than the statewide
 1731  average for the current fiscal year;
 1732         (2) Percentage of assessed property value that is exempt
 1733  from ad valorem taxation is higher than the statewide average
 1734  for the current fiscal year;
 1735         (3) Any condition specified in s. 218.503(1) which results
 1736  in the county or municipality being in a state of financial
 1737  emergency;
 1738         (4) Ad valorem operating millage rate for the current
 1739  fiscal year is greater than 8 mills; or
 1740         (5) A financial condition that is documented in annual
 1741  financial statements at the end of the current fiscal year and
 1742  indicates an inability to pay the permit processing fee during
 1743  that fiscal year. The permit applicant must be the governing
 1744  body of a county or municipality or a third party under contract
 1745  with a county or municipality or an entity created by special
 1746  act or local ordinance or interlocal agreement and the project
 1747  for which the fee reduction or waiver is sought must serve a
 1748  public purpose. If a permit processing fee is reduced, the total
 1749  fee shall not exceed $100.
 1750  
 1751         Section 31. This act shall take effect July 1, 2011.