Florida Senate - 2013                                    SB 1684
       
       
       
       By Senator Altman
       
       
       
       
       16-01204-13                                           20131684__
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         ss. 125.022 and 166.033, F.S.; providing requirements
    4         for the review of development permit applications by
    5         counties and municipalities; amending s. 253.0345,
    6         F.S.; revising provisions for the duration of leases
    7         and consents of use issued by the Board of Trustees of
    8         the Internal Improvement Trust Fund for special
    9         events; exempting such leases and consents of use from
   10         certain fees; creating s. 253.0346, F.S.; defining the
   11         term “first-come, first-served basis”; providing
   12         requirements for the calculation of lease fees for
   13         certain marinas; providing conditions for the discount
   14         and waiver of lease fees and surcharges for certain
   15         marinas, boatyards, and marine retailers; providing
   16         applicability; amending s. 373.118, F.S.; revising
   17         provisions for general permits to provide for the
   18         expansion of certain marinas and limit the number of
   19         mooring fields authorized under such permits; amending
   20         s. 373.233, F.S.; clarifying conditions for competing
   21         consumptive use of water applications; amending s.
   22         373.308, F.S.; providing that issuance of well permits
   23         is the sole responsibility of water management
   24         districts; prohibiting government entities from
   25         imposing requirements and fees and establishing
   26         programs for installation and abandonment of
   27         groundwater wells; amending s. 373.323, F.S.;
   28         providing that licenses issued by water management
   29         districts are the only water well construction
   30         licenses required for construction, repair, or
   31         abandonment of water wells; authorizing licensed water
   32         well contractors to install equipment for all water
   33         systems; amending s. 373.403, F.S.; defining the term
   34         “mean annual flood line”; amending s. 373.406, F.S.;
   35         exempting specified ponds, ditches, and wetlands from
   36         surface water management and storage requirements;
   37         exempting certain water control districts from
   38         wetlands or water quality regulations; amending s.
   39         373.709, F.S.; requiring water management districts to
   40         coordinate and cooperate with the Department of
   41         Agriculture and Consumer Services for regional water
   42         supply planning; providing criteria and requirements
   43         for determining agricultural water supply demand
   44         projections; amending s. 376.313, F.S.; holding
   45         harmless a person who discharges pollution pursuant to
   46         ch. 403, F.S.; amending s. 403.021, F.S.; providing
   47         requirements and conditions for water quality testing,
   48         sampling, collection, and analysis by the department;
   49         amending s. 403.0872, F.S.; extending the payment
   50         deadline of permit fees for major sources of air
   51         pollution and conforming the date for related notice
   52         by the department; revising provisions for the
   53         calculation of such annual fees; amending s. 403.813,
   54         F.S.; revising conditions under which certain permits
   55         are not required for seawall restoration projects;
   56         amending s. 403.814, F.S.; requiring the Department of
   57         Environmental Protection to establish general permits
   58         for special events; providing permit requirements;
   59         amending s. 570.076, F.S.; conforming a cross
   60         reference; amending s. 570.085, F.S.; requiring the
   61         Department of Agriculture and Consumer Services to
   62         establish an agricultural water supply planning
   63         program; providing program requirements; providing an
   64         effective date.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Section 125.022, Florida Statutes, is amended to
   69  read:
   70         125.022 Development permits.—
   71         (1) When reviewing an application for a development permit,
   72  a county may not request additional information from the
   73  applicant more than three times, unless the applicant waives the
   74  limitation in writing. The first request must be reviewed and
   75  approved in writing by the permit processor’s supervisor or
   76  department director or manager. The second request must be
   77  approved by a department or division director or manager.
   78  Subsequent requests must be approved in writing by the county
   79  administrator. If the applicant believes the request for
   80  additional information is not authorized by ordinance, rule,
   81  statute, or other legal authority, the county, at the
   82  applicant’s request, shall proceed to process the application.
   83         (2) When a county denies an application for a development
   84  permit, the county shall give written notice to the applicant.
   85  The notice must include a citation to the applicable portions of
   86  an ordinance, rule, statute, or other legal authority for the
   87  denial of the permit.
   88         (3) As used in this section, the term “development permit”
   89  has the same meaning as in s. 163.3164.
   90         (4) For any development permit application filed with the
   91  county after July 1, 2012, a county may not require as a
   92  condition of processing or issuing a development permit that an
   93  applicant obtain a permit or approval from any state or federal
   94  agency unless the agency has issued a final agency action that
   95  denies the federal or state permit before the county action on
   96  the local development permit.
   97         (5) Issuance of a development permit by a county does not
   98  in any way create any rights on the part of the applicant to
   99  obtain a permit from a state or federal agency and does not
  100  create any liability on the part of the county for issuance of
  101  the permit if the applicant fails to obtain requisite approvals
  102  or fulfill the obligations imposed by a state or federal agency
  103  or undertakes actions that result in a violation of state or
  104  federal law. A county may attach such a disclaimer to the
  105  issuance of a development permit and may include a permit
  106  condition that all other applicable state or federal permits be
  107  obtained before commencement of the development.
  108         (6) This section does not prohibit a county from providing
  109  information to an applicant regarding what other state or
  110  federal permits may apply.
  111         Section 2. Section 166.033, Florida Statutes, is amended to
  112  read:
  113         166.033 Development permits.—
  114         (1) When reviewing an application for a development permit,
  115  a municipality may not request additional information from the
  116  applicant more than three times, unless the applicant waives the
  117  limitation in writing. The first request must be reviewed and
  118  approved in writing by the permit processor’s supervisor or
  119  department director or manager. The second request must be
  120  approved by a department or division director or manager.
  121  Subsequent requests must be approved in writing by the municipal
  122  administrator or equivalent chief administrative officer. If the
  123  applicant believes the request for additional information is not
  124  authorized by ordinance, rule, statute, or other legal
  125  authority, the municipality, at the applicant’s request, shall
  126  proceed to process the application.
  127         (2) When a municipality denies an application for a
  128  development permit, the municipality shall give written notice
  129  to the applicant. The notice must include a citation to the
  130  applicable portions of an ordinance, rule, statute, or other
  131  legal authority for the denial of the permit.
  132         (3) As used in this section, the term “development permit”
  133  has the same meaning as in s. 163.3164.
  134         (4) For any development permit application filed with the
  135  municipality after July 1, 2012, a municipality may not require
  136  as a condition of processing or issuing a development permit
  137  that an applicant obtain a permit or approval from any state or
  138  federal agency unless the agency has issued a final agency
  139  action that denies the federal or state permit before the
  140  municipal action on the local development permit.
  141         (5) Issuance of a development permit by a municipality does
  142  not in any way create any right on the part of an applicant to
  143  obtain a permit from a state or federal agency and does not
  144  create any liability on the part of the municipality for
  145  issuance of the permit if the applicant fails to obtain
  146  requisite approvals or fulfill the obligations imposed by a
  147  state or federal agency or undertakes actions that result in a
  148  violation of state or federal law. A municipality may attach
  149  such a disclaimer to the issuance of development permits and may
  150  include a permit condition that all other applicable state or
  151  federal permits be obtained before commencement of the
  152  development.
  153         (6) This section does not prohibit a municipality from
  154  providing information to an applicant regarding what other state
  155  or federal permits may apply.
  156         Section 3. Section 253.0345, Florida Statutes, is amended
  157  to read:
  158         253.0345 Special events; submerged land leases.—
  159         (1) The trustees may are authorized to issue leases or
  160  consents of use or leases to riparian landowners, special and
  161  event promoters, and boat show owners to allow the installation
  162  of temporary structures, including docks, moorings, pilings, and
  163  access walkways, on sovereign submerged lands solely for the
  164  purpose of facilitating boat shows and displays in, or adjacent
  165  to, established marinas or government-owned government owned
  166  upland property. Riparian owners of adjacent uplands who are not
  167  seeking a lease or consent of use shall be notified by certified
  168  mail of any request for such a lease or consent of use before
  169  prior to approval by the trustees. The trustees shall balance
  170  the interests of any objecting riparian owners with the economic
  171  interests of the public and the state as a factor in determining
  172  whether if a lease or consent of use should be executed over the
  173  objection of adjacent riparian owners. This section does shall
  174  not apply to structures for viewing motorboat racing, high-speed
  175  motorboat contests, or high-speed displays in waters where
  176  manatees are known to frequent.
  177         (2) A lease or consent of use for a Any special event under
  178  provided for in subsection (1) shall include an exemption from
  179  lease fees and shall be for a period not to exceed 30 days and a
  180  duration not to exceed 10 consecutive years. The lease or
  181  consent of use may also contain appropriate requirements for
  182  removal of the temporary structures, including the posting of
  183  sufficient surety to guarantee appropriate funds for removal of
  184  the structures should the promoter or riparian owner fail to do
  185  so within the time specified in the agreement.
  186         (3) Nothing in This section does not shall be construed to
  187  allow any lease or consent of use that would result in harm to
  188  the natural resources of the area as a result of the structures
  189  or the activities of the special events agreed to.
  190         Section 4. Section 253.0346, Florida Statutes, is created
  191  to read:
  192         253.0346 Lease of sovereignty submerged lands for marinas,
  193  boatyards, and marine retailers.—
  194         (1) For purposes of this section, the term “first-come,
  195  first-served basis” means the facility operates on state-owned
  196  submerged land for which:
  197         (a) There is not a club membership, stock ownership, equity
  198  interest, or other qualifying requirement.
  199         (b) Rental terms do not exceed 12 months and do not include
  200  automatic renewal rights or conditions.
  201         (2) For marinas that are open to the public on a first
  202  come, first-served basis and for which at least 90 percent of
  203  the slips are open to the public:
  204         (a) The annual lease fee for a standard-term lease shall be
  205  6 percent of the annual gross dockage income. In calculating
  206  gross dockage income, the department may not include pass
  207  through charges.
  208         (b) A discount of 30 percent on the annual lease fee shall
  209  apply if dockage rate sheet publications and dockage advertising
  210  clearly state that slips are open to the public on a first-come,
  211  first-served basis.
  212         (3) For a facility designated by the department as a Clean
  213  Marina, Clean Boatyard, or Clean Marine Retailer under the Clean
  214  Marina Program:
  215         (a) A discount of 10 percent on the annual lease fee shall
  216  apply if the facility:
  217         1. Actively maintains designation under the program.
  218         2. Complies with the terms of the lease.
  219         3. Does not change use during the term of the lease.
  220         (b) Extended-term lease surcharges shall be waived if the
  221  facility:
  222         1. Actively maintains designation under the program.
  223         2. Complies with the terms of the lease.
  224         3. Does not change use during the term of the lease.
  225         4. Is available to the public on a first-come, first-served
  226  basis.
  227         (c) If the facility is in arrears on lease fees or fails to
  228  comply with paragraph (b), the facility is not eligible for the
  229  discount or waiver under this subsection until arrears have been
  230  paid and compliance with the program has been met.
  231         (4) This section applies to new leases or amendments to
  232  leases effective after July 1, 2013.
  233         Section 5. Subsection (4) of section 373.118, Florida
  234  Statutes, is amended to read:
  235         373.118 General permits; delegation.—
  236         (4) The department shall adopt by rule one or more general
  237  permits for local governments to construct, operate, and
  238  maintain public marina facilities, public mooring fields, public
  239  boat ramps, including associated courtesy docks, and associated
  240  parking facilities located in uplands. Such general permits
  241  adopted by rule shall include provisions to ensure compliance
  242  with part IV of this chapter, subsection (1), and the criteria
  243  necessary to include the general permits in a state programmatic
  244  general permit issued by the United States Army Corps of
  245  Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92
  246  500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
  247  authorized under such general permits is exempt from review as a
  248  development of regional impact if the facility complies with the
  249  comprehensive plan of the applicable local government. Such
  250  facilities shall be consistent with the local government manatee
  251  protection plan required pursuant to chapter 379 and shall
  252  obtain Clean Marina Program status prior to opening for
  253  operation and maintain that status for the life of the facility.
  254  The expansion of any marina, whether private or government
  255  owned, for which the services of at least 90 percent of the
  256  slips are open to the public on a first-come, first-served
  257  basis, Marinas and mooring fields authorized under any such
  258  general permit may shall not exceed an additional area of 50,000
  259  square feet over wetlands and other surface waters. Mooring
  260  fields authorized under such general permit may not exceed 100
  261  vessels. All facilities permitted under this section shall be
  262  constructed, maintained, and operated in perpetuity for the
  263  exclusive use of the general public. The department shall
  264  initiate the rulemaking process within 60 days after the
  265  effective date of this act.
  266         Section 6. Subsection (1) of section 373.233, Florida
  267  Statutes, is amended to read:
  268         373.233 Competing applications.—
  269         (1) If two or more applications that which otherwise comply
  270  with the provisions of this part are pending for a quantity of
  271  water that is inadequate for both or all, or which for any other
  272  reason are in conflict, and the governing board or department
  273  has issued an affirmative proposed agency action for each
  274  application, the governing board or the department has shall
  275  have the right to approve or modify the application which best
  276  serves the public interest.
  277         Section 7. Subsection (1) of section 373.308, Florida
  278  Statutes, is amended to read:
  279         373.308 Implementation of programs for regulating water
  280  wells.—
  281         (1) The department shall authorize the governing board of a
  282  water management district to implement a program for the
  283  issuance of permits for the location, construction, repair, and
  284  abandonment of water wells. Upon authorization from the
  285  department, issuance of well permits will be the sole
  286  responsibility of the water management district, and other
  287  government entities may not impose additional or duplicate
  288  requirements or fees or establish a separate program for the
  289  permitting of the location, abandonment, boring, or other
  290  activities reasonably associated with the installation and
  291  abandonment of a groundwater well.
  292         Section 8. Subsections (1) and (10) of section 373.323,
  293  Florida Statutes, are amended to read:
  294         373.323 Licensure of water well contractors; application,
  295  qualifications, and examinations; equipment identification.—
  296         (1) Every person who wishes to engage in business as a
  297  water well contractor shall obtain from the water management
  298  district a license to conduct such business. Licensure under
  299  this part by a water management district shall be the only water
  300  well construction license required for the construction, repair,
  301  or abandonment of water wells in the state or any political
  302  subdivision thereof.
  303         (10) Water well contractors licensed under this section may
  304  install, repair, and modify pumps and tanks in accordance with
  305  the Florida Building Code, Plumbing; Section 612—Wells pumps and
  306  tanks used for private potable water systems. In addition,
  307  licensed water well contractors may install pumps, tanks, and
  308  water conditioning equipment for all water well systems.
  309         Section 9. Subsection (23) is added to section 373.403,
  310  Florida Statutes, to read:
  311         373.403 Definitions.—When appearing in this part or in any
  312  rule, regulation, or order adopted pursuant thereto, the
  313  following terms mean:
  314         (23) “Mean annual flood line” for purposes of delineating
  315  the ordinary high water line for nontidal water bodies and other
  316  surface waters shall have the same meaning as provided in s.
  317  381.0065.
  318         Section 10. Subsections (13) through (15) are added to
  319  section 373.406, Florida Statutes, to read:
  320         373.406 Exemptions.—The following exemptions shall apply:
  321         (13) Nothing in this part, or in any rule, regulation, or
  322  order adopted pursuant to this part, applies to construction,
  323  operation, or maintenance of any wholly owned, manmade ponds
  324  constructed entirely in uplands or drainage ditches constructed
  325  in uplands.
  326         (14) Nothing in this part, or in any rule, regulation, or
  327  order adopted pursuant to this part, may require a permit for
  328  activities affecting wetlands created solely by the unreasonable
  329  and negligent flooding or interference with the natural flow of
  330  surface water caused by an adjoining landowner.
  331         (15) Any water control district created and operating
  332  pursuant to chapter 298 for which a valid environmental resource
  333  permit or management and storage of surface waters permit has
  334  been issued pursuant to this part is exempt from further
  335  wetlands or water quality regulations imposed pursuant to
  336  chapters 125, 163, and 166.
  337         Section 11. Subsection (1) and paragraph (a) of subsection
  338  (2) of section 373.709, Florida Statutes, are amended to read:
  339         373.709 Regional water supply planning.—
  340         (1) The governing board of each water management district
  341  shall conduct water supply planning for any water supply
  342  planning region within the district identified in the
  343  appropriate district water supply plan under s. 373.036, where
  344  it determines that existing sources of water are not adequate to
  345  supply water for all existing and future reasonable-beneficial
  346  uses and to sustain the water resources and related natural
  347  systems for the planning period. The planning must be conducted
  348  in an open public process, in coordination and cooperation with
  349  local governments, regional water supply authorities,
  350  government-owned and privately owned water and wastewater
  351  utilities, multijurisdictional water supply entities, self
  352  suppliers, reuse utilities, the department, the Department of
  353  Agriculture and Consumer Services, and other affected and
  354  interested parties. The districts shall actively engage in
  355  public education and outreach to all affected local entities and
  356  their officials, as well as members of the public, in the
  357  planning process and in seeking input. During preparation, but
  358  prior to completion of the regional water supply plan, the
  359  district must conduct at least one public workshop to discuss
  360  the technical data and modeling tools anticipated to be used to
  361  support the regional water supply plan. The district shall also
  362  hold several public meetings to communicate the status, overall
  363  conceptual intent, and impacts of the plan on existing and
  364  future reasonable-beneficial uses and related natural systems.
  365  During the planning process, a local government may choose to
  366  prepare its own water supply assessment to determine if existing
  367  water sources are adequate to meet existing and projected
  368  reasonable-beneficial needs of the local government while
  369  sustaining water resources and related natural systems. The
  370  local government shall submit such assessment, including the
  371  data and methodology used, to the district. The district shall
  372  consider the local government’s assessment during the formation
  373  of the plan. A determination by the governing board that
  374  initiation of a regional water supply plan for a specific
  375  planning region is not needed pursuant to this section shall be
  376  subject to s. 120.569. The governing board shall reevaluate such
  377  a determination at least once every 5 years and shall initiate a
  378  regional water supply plan, if needed, pursuant to this
  379  subsection.
  380         (2) Each regional water supply plan shall be based on at
  381  least a 20-year planning period and shall include, but need not
  382  be limited to:
  383         (a) A water supply development component for each water
  384  supply planning region identified by the district which
  385  includes:
  386         1. A quantification of the water supply needs for all
  387  existing and future reasonable-beneficial uses within the
  388  planning horizon. The level-of-certainty planning goal
  389  associated with identifying the water supply needs of existing
  390  and future reasonable-beneficial uses shall be based upon
  391  meeting those needs for a 1-in-10-year drought event.
  392         a. Population projections used for determining public water
  393  supply needs must be based upon the best available data. In
  394  determining the best available data, the district shall consider
  395  the University of Florida’s Bureau of Economic and Business
  396  Research (BEBR) medium population projections and any population
  397  projection data and analysis submitted by a local government
  398  pursuant to the public workshop described in subsection (1) if
  399  the data and analysis support the local government’s
  400  comprehensive plan. Any adjustment of or deviation from the BEBR
  401  projections must be fully described, and the original BEBR data
  402  must be presented along with the adjusted data.
  403         b. Agricultural demand projections used for determining the
  404  needs of agricultural self-suppliers must be based upon the best
  405  available data. In determining the best available data for
  406  agricultural self-supplied water needs, the district shall use
  407  the data indicative of future water supply demands provided by
  408  the Department of Agriculture and Consumer Services pursuant to
  409  s. 570.085.
  410         2. A list of water supply development project options,
  411  including traditional and alternative water supply project
  412  options, from which local government, government-owned and
  413  privately owned utilities, regional water supply authorities,
  414  multijurisdictional water supply entities, self-suppliers, and
  415  others may choose for water supply development. In addition to
  416  projects listed by the district, such users may propose specific
  417  projects for inclusion in the list of alternative water supply
  418  projects. If such users propose a project to be listed as an
  419  alternative water supply project, the district shall determine
  420  whether it meets the goals of the plan, and, if so, it shall be
  421  included in the list. The total capacity of the projects
  422  included in the plan shall exceed the needs identified in
  423  subparagraph 1. and shall take into account water conservation
  424  and other demand management measures, as well as water resources
  425  constraints, including adopted minimum flows and levels and
  426  water reservations. Where the district determines it is
  427  appropriate, the plan should specifically identify the need for
  428  multijurisdictional approaches to project options that, based on
  429  planning level analysis, are appropriate to supply the intended
  430  uses and that, based on such analysis, appear to be permittable
  431  and financially and technically feasible. The list of water
  432  supply development options must contain provisions that
  433  recognize that alternative water supply options for agricultural
  434  self-suppliers are limited.
  435         3. For each project option identified in subparagraph 2.,
  436  the following shall be provided:
  437         a. An estimate of the amount of water to become available
  438  through the project.
  439         b. The timeframe in which the project option should be
  440  implemented and the estimated planning-level costs for capital
  441  investment and operating and maintaining the project.
  442         c. An analysis of funding needs and sources of possible
  443  funding options. For alternative water supply projects the water
  444  management districts shall provide funding assistance in
  445  accordance with s. 373.707(8).
  446         d. Identification of the entity that should implement each
  447  project option and the current status of project implementation.
  448         Section 12. Subsection (3) of section 376.313, Florida
  449  Statutes, is amended to read:
  450         376.313 Nonexclusiveness of remedies and individual cause
  451  of action for damages under ss. 376.30-376.317.—
  452         (3) Except as provided in s. 376.3078(3) and (11), nothing
  453  contained in ss. 376.30-376.317 prohibits any person from
  454  bringing a cause of action in a court of competent jurisdiction
  455  for all damages resulting from a discharge or other condition of
  456  pollution covered by ss. 376.30-376.317 not regulated or
  457  authorized pursuant to chapter 403. Nothing in this chapter
  458  shall prohibit or diminish a party’s right to contribution from
  459  other parties jointly or severally liable for a prohibited
  460  discharge of pollutants or hazardous substances or other
  461  pollution conditions. Except as otherwise provided in subsection
  462  (4) or subsection (5), in any such suit, it is not necessary for
  463  such person to plead or prove negligence in any form or manner.
  464  Such person need only plead and prove the fact of the prohibited
  465  discharge or other pollutive condition and that it has occurred.
  466  The only defenses to such cause of action shall be those
  467  specified in s. 376.308.
  468         Section 13. Subsection (11) of section 403.021, Florida
  469  Statutes, is amended to read:
  470         403.021 Legislative declaration; public policy.—
  471         (11) It is the intent of the Legislature that water quality
  472  standards be reasonably established and applied to take into
  473  account the variability occurring in nature. The department
  474  shall recognize the statistical variability inherent in sampling
  475  and testing procedures that are used to express water quality
  476  standards. The department shall also recognize that some
  477  deviations from water quality standards occur as the result of
  478  natural background conditions. The department shall not consider
  479  deviations from water quality standards to be violations when
  480  the discharger can demonstrate that the deviations would occur
  481  in the absence of any human-induced discharges or alterations to
  482  the water body. Testing, sampling, collection, or analysis may
  483  not be conducted or required unless such testing, sampling,
  484  collection, or analysis has been subjected to and validated
  485  through inter- and intra-laboratory testing, quality control,
  486  peer review, and adopted by rule. The validation shall be
  487  sufficient to ensure that variability inherent in such testing
  488  sampling, collection, or analysis has been specified and reduced
  489  to the minimum for comparable testing, sampling, collection, or
  490  analysis.
  491         Section 14. Subsection (11) of section 403.0872, Florida
  492  Statutes, is amended to read:
  493         403.0872 Operation permits for major sources of air
  494  pollution; annual operation license fee.—Provided that program
  495  approval pursuant to 42 U.S.C. s. 7661a has been received from
  496  the United States Environmental Protection Agency, beginning
  497  January 2, 1995, each major source of air pollution, including
  498  electrical power plants certified under s. 403.511, must obtain
  499  from the department an operation permit for a major source of
  500  air pollution under this section. This operation permit is the
  501  only department operation permit for a major source of air
  502  pollution required for such source; provided, at the applicant’s
  503  request, the department shall issue a separate acid rain permit
  504  for a major source of air pollution that is an affected source
  505  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
  506  for major sources of air pollution, except general permits
  507  issued pursuant to s. 403.814, must be issued in accordance with
  508  the procedures contained in this section and in accordance with
  509  chapter 120; however, to the extent that chapter 120 is
  510  inconsistent with the provisions of this section, the procedures
  511  contained in this section prevail.
  512         (11) Each major source of air pollution permitted to
  513  operate in this state must pay between January 15 and April
  514  March 1 of each year, upon written notice from the department,
  515  an annual operation license fee in an amount determined by
  516  department rule. The annual operation license fee shall be
  517  terminated immediately in the event the United States
  518  Environmental Protection Agency imposes annual fees solely to
  519  implement and administer the major source air-operation permit
  520  program in Florida under 40 C.F.R. s. 70.10(d).
  521         (a) The annual fee must be assessed based upon the source’s
  522  previous year’s emissions and must be calculated by multiplying
  523  the applicable annual operation license fee factor times the
  524  tons of each regulated air pollutant actually emitted, as
  525  calculated in accordance with the department’s emissions
  526  computation and reporting rules. The annual fee shall only apply
  527  to those regulated pollutants, (except carbon monoxide) and
  528  greenhouse gases, for which an allowable numeric emission
  529  limiting standard is specified in allowed to be emitted per hour
  530  by specific condition of the source’s most recent construction
  531  or operation permit, times the annual hours of operation allowed
  532  by permit condition; provided, however, that:
  533         1. The license fee factor is $25 or another amount
  534  determined by department rule which ensures that the revenue
  535  provided by each year’s operation license fees is sufficient to
  536  cover all reasonable direct and indirect costs of the major
  537  stationary source air-operation permit program established by
  538  this section. The license fee factor may be increased beyond $25
  539  only if the secretary of the department affirmatively finds that
  540  a shortage of revenue for support of the major stationary source
  541  air-operation permit program will occur in the absence of a fee
  542  factor adjustment. The annual license fee factor may never
  543  exceed $35.
  544         2. For any source that operates for fewer hours during the
  545  calendar year than allowed under its permit, the annual fee
  546  calculation must be based upon actual hours of operation rather
  547  than allowable hours if the owner or operator of the source
  548  documents the source’s actual hours of operation for the
  549  calendar year. For any source that has an emissions limit that
  550  is dependent upon the type of fuel burned, the annual fee
  551  calculation must be based on the emissions limit applicable
  552  during actual hours of operation.
  553         3. For any source whose allowable emission limitation is
  554  specified by permit per units of material input or heat input or
  555  product output, the applicable input or production amount may be
  556  used to calculate the allowable emissions if the owner or
  557  operator of the source documents the actual input or production
  558  amount. If the input or production amount is not documented, the
  559  maximum allowable input or production amount specified in the
  560  permit must be used to calculate the allowable emissions.
  561         4. For any new source that does not receive its first
  562  operation permit until after the beginning of a calendar year,
  563  the annual fee for the year must be reduced pro rata to reflect
  564  the period during which the source was not allowed to operate.
  565         5. For any source that emits less of any regulated air
  566  pollutant than allowed by permit condition, the annual fee
  567  calculation for such pollutant must be based upon actual
  568  emissions rather than allowable emissions if the owner or
  569  operator documents the source’s actual emissions by means of
  570  data from a department-approved certified continuous emissions
  571  monitor or from an emissions monitoring method which has been
  572  approved by the United States Environmental Protection Agency
  573  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
  574  or from a method approved by the department for purposes of this
  575  section.
  576         2.6. The amount of each regulated air pollutant in excess
  577  of 4,000 tons per year allowed to be emitted by any source, or
  578  group of sources belonging to the same Major Group as described
  579  in the Standard Industrial Classification Manual, 1987, may not
  580  be included in the calculation of the fee. Any source, or group
  581  of sources, which does not emit any regulated air pollutant in
  582  excess of 4,000 tons per year, is allowed a one-time credit not
  583  to exceed 25 percent of the first annual licensing fee for the
  584  prorated portion of existing air-operation permit application
  585  fees remaining upon commencement of the annual licensing fees.
  586         3.7. If the department has not received the fee by March 1
  587  February 15 of the calendar year, the permittee must be sent a
  588  written warning of the consequences for failing to pay the fee
  589  by April March 1. If the fee is not postmarked by April March 1
  590  of the calendar year, the department shall impose, in addition
  591  to the fee, a penalty of 50 percent of the amount of the fee,
  592  plus interest on such amount computed in accordance with s.
  593  220.807. The department may not impose such penalty or interest
  594  on any amount underpaid, provided that the permittee has timely
  595  remitted payment of at least 90 percent of the amount determined
  596  to be due and remits full payment within 60 days after receipt
  597  of notice of the amount underpaid. The department may waive the
  598  collection of underpayment and shall not be required to refund
  599  overpayment of the fee, if the amount due is less than 1 percent
  600  of the fee, up to $50. The department may revoke any major air
  601  pollution source operation permit if it finds that the
  602  permitholder has failed to timely pay any required annual
  603  operation license fee, penalty, or interest.
  604         4.8. Notwithstanding the computational provisions of this
  605  subsection, the annual operation license fee for any source
  606  subject to this section shall not be less than $250, except that
  607  the annual operation license fee for sources permitted solely
  608  through general permits issued under s. 403.814 shall not exceed
  609  $50 per year.
  610         5.9. Notwithstanding the provisions of s.
  611  403.087(6)(a)5.a., authorizing air pollution construction permit
  612  fees, the department may not require such fees for changes or
  613  additions to a major source of air pollution permitted pursuant
  614  to this section, unless the activity triggers permitting
  615  requirements under Title I, Part C or Part D, of the federal
  616  Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and
  617  administer such permits shall be considered direct and indirect
  618  costs of the major stationary source air-operation permit
  619  program under s. 403.0873. The department shall, however,
  620  require fees pursuant to the provisions of s. 403.087(6)(a)5.a.
  621  for the construction of a new major source of air pollution that
  622  will be subject to the permitting requirements of this section
  623  once constructed and for activities triggering permitting
  624  requirements under Title I, Part C or Part D, of the federal
  625  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
  626         (b) Annual operation license fees collected by the
  627  department must be sufficient to cover all reasonable direct and
  628  indirect costs required to develop and administer the major
  629  stationary source air-operation permit program, which shall
  630  consist of the following elements to the extent that they are
  631  reasonably related to the regulation of major stationary air
  632  pollution sources, in accordance with United States
  633  Environmental Protection Agency regulations and guidelines:
  634         1. Reviewing and acting upon any application for such a
  635  permit.
  636         2. Implementing and enforcing the terms and conditions of
  637  any such permit, excluding court costs or other costs associated
  638  with any enforcement action.
  639         3. Emissions and ambient monitoring.
  640         4. Preparing generally applicable regulations or guidance.
  641         5. Modeling, analyses, and demonstrations.
  642         6. Preparing inventories and tracking emissions.
  643         7. Implementing the Small Business Stationary Source
  644  Technical and Environmental Compliance Assistance Program.
  645         8. Any audits conducted under paragraph (c).
  646         (c) An audit of the major stationary source air-operation
  647  permit program must be conducted 2 years after the United States
  648  Environmental Protection Agency has given full approval of the
  649  program to ascertain whether the annual operation license fees
  650  collected by the department are used solely to support any
  651  reasonable direct and indirect costs as listed in paragraph (b).
  652  A program audit must be performed biennially after the first
  653  audit.
  654         Section 15. Paragraph (e) of subsection (1) of section
  655  403.813, Florida Statutes, is amended to read:
  656         403.813 Permits issued at district centers; exceptions.—
  657         (1) A permit is not required under this chapter, chapter
  658  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  659  chapter 25270, 1949, Laws of Florida, for activities associated
  660  with the following types of projects; however, except as
  661  otherwise provided in this subsection, nothing in this
  662  subsection relieves an applicant from any requirement to obtain
  663  permission to use or occupy lands owned by the Board of Trustees
  664  of the Internal Improvement Trust Fund or any water management
  665  district in its governmental or proprietary capacity or from
  666  complying with applicable local pollution control programs
  667  authorized under this chapter or other requirements of county
  668  and municipal governments:
  669         (e) The restoration of seawalls at their previous locations
  670  or upland of, or within 18 inches 1 foot waterward of, their
  671  previous locations. However, this shall not affect the
  672  permitting requirements of chapter 161, and department rules
  673  shall clearly indicate that this exception does not constitute
  674  an exception from the permitting requirements of chapter 161.
  675         Section 16. Subsection (13) is added to section 403.814,
  676  Florida Statutes, to read:
  677         403.814 General permits; delegation.—
  678         (13) The department shall issue general permits for special
  679  events as defined in s. 253.0345. The permits must be for a
  680  period that runs concurrently with the consent of use or lease
  681  issued pursuant to that section. No more than two seagrass
  682  studies may be required by a general permit, one conducted
  683  before issuance of the permit and the other conducted at the
  684  time the permit expires. General permits must also allow for the
  685  movement of temporary structures within the footprint of the
  686  lease area. A survey of the lease or consent area is required at
  687  the time of application for a 10-year standard lease or consent
  688  of use and general permit. An area of up to 25 percent of a
  689  previous lease or consent of use area must be issued as part of
  690  the general permit, lease, or consent of use to allow for
  691  economic expansion of the special event during the 10-year term.
  692  An annual survey of the distances of all structures from the
  693  boundaries of the lease or consent of use area must be conducted
  694  to ensure that the lease boundaries have not been violated.
  695         Section 17. Subsection (2) of section 570.076, Florida
  696  Statutes, is amended to read:
  697         570.076 Environmental Stewardship Certification Program.
  698  The department may, by rule, establish the Environmental
  699  Stewardship Certification Program consistent with this section.
  700  A rule adopted under this section must be developed in
  701  consultation with state universities, agricultural
  702  organizations, and other interested parties.
  703         (2) The department shall provide an agricultural
  704  certification under this program for implementation of one or
  705  more of the following criteria:
  706         (a) A voluntary agreement between an agency and an
  707  agricultural producer for environmental improvement or water
  708  resource protection.
  709         (b) A conservation plan that meets or exceeds the
  710  requirements of the United States Department of Agriculture.
  711         (c) Best management practices adopted by rule pursuant to
  712  s. 403.067(7)(c) or s. 570.085(1)(b) 570.085(2).
  713         Section 18. Section 570.085, Florida Statutes, is amended
  714  to read:
  715         570.085 Department of Agriculture and Consumer Services;
  716  agricultural water conservation and water supply planning.—
  717         (1) The department shall establish an agricultural water
  718  conservation program that includes the following:
  719         (a)(1) A cost-share program, coordinated where appropriate
  720  with the United States Department of Agriculture and other
  721  federal, state, regional, and local agencies, for irrigation
  722  system retrofit and application of mobile irrigation laboratory
  723  evaluations for water conservation as provided in this section
  724  and, where applicable, for water quality improvement pursuant to
  725  s. 403.067(7)(c).
  726         (b)(2) The development and implementation of voluntary
  727  interim measures or best management practices, adopted by rule,
  728  which provide for increased efficiencies in the use and
  729  management of water for agricultural production. In the process
  730  of developing and adopting rules for interim measures or best
  731  management practices, the department shall consult with the
  732  Department of Environmental Protection and the water management
  733  districts. Such rules may also include a system to assure the
  734  implementation of the practices, including recordkeeping
  735  requirements. As new information regarding efficient
  736  agricultural water use and management becomes available, the
  737  department shall reevaluate and revise as needed, the interim
  738  measures or best management practices. The interim measures or
  739  best management practices may include irrigation retrofit,
  740  implementation of mobile irrigation laboratory evaluations and
  741  recommendations, water resource augmentation, and integrated
  742  water management systems for drought management and flood
  743  control and should, to the maximum extent practicable, be
  744  designed to qualify for regulatory incentives and other
  745  incentives, as determined by the agency having applicable
  746  statutory authority.
  747         (c)(3) Provision of assistance to the water management
  748  districts in the development and implementation of a consistent,
  749  to the extent practicable, methodology for the efficient
  750  allocation of water for agricultural irrigation.
  751         (2)(a) The department shall establish an agricultural water
  752  supply planning program that includes the development of
  753  appropriate data indicative of future agricultural water needs.
  754  The data shall be based on at least a 20-year planning period
  755  and shall include, but is not limited to:
  756         1. Applicable agricultural crop types or categories.
  757         2. Historic estimates of irrigated acreage, current
  758  estimates of irrigated acreage, and future irrigated acreage
  759  projections for each applicable crop type or category spatially
  760  for each county, including the historic and current methods and
  761  assumptions used to generate the spatial acreage estimates and
  762  projections.
  763         3. Crop type or category water use coefficients for both
  764  average year and 1-in-10 year drought years used in calculating
  765  historic and current water supply needs and projected future
  766  water supply needs, including data, methods, and assumptions
  767  used to generate the coefficients. Estimates of historic and
  768  current water supply needs shall take into account actual
  769  metered data where available.
  770         4. An evaluation of significant uncertainties affecting
  771  agricultural production that may require a range of projections
  772  for future agricultural water supply needs.
  773         (b) In developing the future agricultural water supply
  774  needs data, the department shall consult with the agricultural
  775  industry, the University of Florida Institute of Food and
  776  Agricultural Sciences, the Department of Environmental
  777  Protection, the water management districts, the United States
  778  Department of Agriculture National Agricultural Statistics
  779  Service, and the United States Geological Survey.
  780         (c) The future agricultural water supply needs data shall
  781  be provided to each water management district for consideration
  782  pursuant to ss. 373.036(2) and 373.709(2)(a)1.b. The department
  783  shall coordinate with each water management district to
  784  establish the schedule necessary for provision of agricultural
  785  water supply needs data in order to comply with water supply
  786  planning provisions of ss. 373.036(2) and 373.709(2)(a)1.b.
  787         Section 19. This act shall take effect July 1, 2013.