Florida Senate - 2016                             CS for SB 1176
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Diaz de la Portilla
       
       592-02667-16                                          20161176c1
    1                        A bill to be entitled                      
    2         An act relating to dredge and fill activities;
    3         amending s. 373.4144, F.S.; revising the acreage of
    4         wetlands and other surface waters subject to impact by
    5         dredge and fill activities under a state programmatic
    6         general permit; providing that seeking to use such a
    7         permit consents to specified federal wetland
    8         jurisdiction criteria; authorizing the Department of
    9         Environmental Protection to delegate federal
   10         permitting programs for the discharge of dredged or
   11         fill material; deleting certain conditions limiting
   12         when the department may assume federal permitting
   13         programs for the discharge of dredged or fill
   14         material; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (2) and (3) of section 373.4144,
   19  Florida Statutes, are amended to read:
   20         373.4144 Federal environmental permitting.—
   21         (2)(a) In order to effectuate efficient wetland permitting
   22  and avoid duplication, the department and water management
   23  districts are authorized to implement a voluntary state
   24  programmatic general permit for all dredge and fill activities
   25  impacting 10 3 acres or less of wetlands or other surface
   26  waters, including navigable waters, subject to agreement with
   27  the United States Army Corps of Engineers, if the general permit
   28  is at least as protective of the environment and natural
   29  resources as existing state law under this part and federal law
   30  under the Clean Water Act and the Rivers and Harbors Act of
   31  1899.
   32         (b) By seeking to use a statewide programmatic general
   33  permit, an applicant consents to applicable federal wetland
   34  jurisdiction criteria, which are not included pursuant to this
   35  part, but which are authorized by the regulations implementing
   36  s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
   37  33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
   38  Act of 1899 as required by the United States Army Corps of
   39  Engineers, notwithstanding s. 373.4145 and for the limited
   40  purpose of implementing the state programmatic general permit
   41  authorized by this subsection.
   42         (3) The department may pursue This section may not preclude
   43  the department from pursuing a series of regional general
   44  permits for construction activities in wetlands or surface
   45  waters or delegation or complete assumption of federal
   46  permitting programs regulating the discharge of dredged or fill
   47  material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
   48  92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
   49  Rivers and Harbors Act of 1899, so long as the assumption
   50  encompasses all dredge and fill activities in, on, or over
   51  jurisdictional wetlands or waters, including navigable waters,
   52  within the state.
   53         Section 2. This act shall take effect upon becoming a law.