Florida Senate - 2018                             CS for SB 1308
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Perry
       
       
       
       
       592-02315-18                                          20181308c1
    1                        A bill to be entitled                      
    2         An act relating to environmental regulation; amending
    3         s. 373.250, F.S.; deleting an obsolete provision;
    4         providing examples of reclaimed water use that may
    5         create an impact offset; revising the required
    6         provisions of the water resource implementation rule;
    7         amending s. 403.064, F.S.; revising legislative
    8         findings; requiring the Department of Environmental
    9         Protection and the water management districts to
   10         develop and enter into a memorandum of agreement
   11         providing for a coordinated review of any reclaimed
   12         water project requiring a reclaimed water facility
   13         permit, an underground injection control permit, and a
   14         consumptive use permit; specifying the required
   15         provisions of such memorandum; specifying the date by
   16         which the memorandum must be developed and executed;
   17         amending s. 403.706, F.S.; requiring counties and
   18         municipalities to address contamination of recyclable
   19         material in specified contracts; prohibiting counties
   20         and municipalities from requiring the collection or
   21         transport of contaminated recyclable material by
   22         residential recycling collectors; defining the term
   23         “residential recycling collector”; specifying required
   24         contract provisions in residential recycling collector
   25         and materials recovery facility contracts with
   26         counties and municipalities; providing applicability;
   27         amending s. 403.813, F.S.; providing that a local
   28         government may not require further verification from
   29         the department for certain projects; revising the
   30         types of dock and pier replacements and repairs that
   31         are exempt from such verification and certain
   32         permitting requirements; providing a directive to the
   33         Division of Law Revision and Information; providing an
   34         effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (5) of section 373.250, Florida
   39  Statutes, is amended to read:
   40         373.250 Reuse of reclaimed water.—
   41         (5)(a) No later than October 1, 2012, the department shall
   42  initiate rulemaking to adopt revisions to The water resource
   43  implementation rule, as defined in s. 373.019(25), must which
   44  shall include:
   45         1. Criteria for the use of a proposed impact offset derived
   46  from the use of reclaimed water when a water management district
   47  evaluates an application for a consumptive use permit. As used
   48  in this subparagraph, the term “impact offset” means the use of
   49  reclaimed water to reduce or eliminate a harmful impact that has
   50  occurred or would otherwise occur as a result of other surface
   51  water or groundwater withdrawals. Examples of reclaimed water
   52  use that may create an impact offset include, but are not
   53  limited to, the use of reclaimed water to:
   54         a.Prevent or stop further saltwater intrusion;
   55         b.Raise aquifer levels;
   56         c.Improve the water quality of an aquifer; or
   57         d.Augment surface water to increase the quantity of water
   58  available for water supply.
   59         2. Criteria for the use of substitution credits where a
   60  water management district has adopted rules establishing
   61  withdrawal limits from a specified water resource within a
   62  defined geographic area. As used in this subparagraph, the term
   63  “substitution credit” means the use of reclaimed water to
   64  replace all or a portion of an existing permitted use of
   65  resource-limited surface water or groundwater, allowing a
   66  different user or use to initiate a withdrawal or increase its
   67  withdrawal from the same resource-limited surface water or
   68  groundwater source provided that the withdrawal creates no net
   69  adverse impact on the limited water resource or creates a net
   70  positive impact if required by water management district rule as
   71  part of a strategy to protect or recover a water resource.
   72         3.Criteria by which an impact offset or substitution
   73  credit may be applied to the issuance, renewal, or extension of
   74  the utility’s or another user’s consumptive use permit or may be
   75  used to address additional water resource constraints imposed
   76  through the adoption of a recovery or prevention strategy under
   77  s. 373.0421.
   78         (b) Within 60 days after the final adoption by the
   79  department of the revisions to the water resource implementation
   80  rule required under paragraph (a), each water management
   81  district must shall initiate rulemaking to incorporate those
   82  revisions by reference into the rules of the district.
   83         Section 2. Subsection (1) of section 403.064, Florida
   84  Statutes, is amended, and subsection (17) is added to that
   85  section, to read:
   86         403.064 Reuse of reclaimed water.—
   87         (1) The encouragement and promotion of water conservation,
   88  and reuse of reclaimed water, as defined by the department, are
   89  state objectives and are considered to be in the public
   90  interest. The Legislature finds that the reuse of reclaimed
   91  water, including reuse through aquifer recharge, is a critical
   92  component of meeting the state’s existing and future water
   93  supply needs while sustaining natural systems. The Legislature
   94  further finds that for those wastewater treatment plants
   95  permitted and operated under an approved reuse program by the
   96  department, the reclaimed water shall be considered
   97  environmentally acceptable and not a threat to public health and
   98  safety. The Legislature encourages the development of incentive
   99  based programs for reuse implementation.
  100         (17)The department and the water management districts
  101  shall develop and enter into a memorandum of agreement providing
  102  for a coordinated review of any reclaimed water project
  103  requiring a reclaimed water facility permit, an underground
  104  injection control permit, and a consumptive use permit. The
  105  memorandum of agreement must provide that the coordinated review
  106  is performed only if the applicant for such permits requests a
  107  coordinated review. The goal of the coordinated review is to
  108  share information, avoid requesting the applicant to submit
  109  redundant information, and ensure, to the extent feasible, a
  110  harmonized review of the reclaimed water project under these
  111  various permitting programs, including the use of a proposed
  112  impact offset or substitution credit in accordance with s.
  113  373.250(5). The department and the water management districts
  114  must develop and execute such memorandum of agreement no later
  115  than December 1, 2018.
  116         Section 3. Present subsection (22) of section 403.706,
  117  Florida Statutes, is renumbered as subsection (23), and a new
  118  subsection (22) is added to that section, to read:
  119         403.706 Local government solid waste responsibilities.—
  120         (22)Counties and municipalities shall address the
  121  contamination of recyclable material in contracts for the
  122  collection, transportation, and processing of residential
  123  recyclable material based upon the following:
  124         (a)A residential recycling collector may not be required
  125  to collect or transport contaminated recyclable material. As
  126  used in this subsection, the term “residential recycling
  127  collector” means a for-profit business entity that collects and
  128  transports residential recyclable material on behalf of a county
  129  or municipality.
  130         (b)A materials recovery facility may not be required to
  131  process contaminated recyclable material.
  132         (c)Each contract between a residential recycling collector
  133  and a county or municipality for the collection or transport of
  134  residential recyclable material, and each request for proposal
  135  for residential recyclable material, must define the term
  136  “contaminated recyclable material” in a manner that is
  137  appropriate for the local community, based on the available
  138  markets for recyclable material. The contract and request for
  139  proposal must include:
  140         1.The respective strategies and obligations of the county
  141  or municipality and the collector to reduce the amount of
  142  contaminated recyclable material being collected;
  143         2.The procedures for identifying, documenting, managing,
  144  and rejecting residential recycling containers, carts, or bins
  145  that contain contaminated recyclable material;
  146         3.The remedies that will be used if a container, cart, or
  147  bin contains contaminated recyclable material; and
  148         4.The education and enforcement measures that will be used
  149  to reduce the amount of contaminated recyclable material.
  150         (d)Each contract between a materials recovery facility and
  151  a county or municipality for processing residential recyclable
  152  material must define the term “contaminated recyclable material”
  153  in a manner that is appropriate for the local community, based
  154  on the available markets for recyclable material. The contract
  155  must include:
  156         1.The respective strategies and obligations of the parties
  157  to reduce the amount of contaminated recyclable material being
  158  processed;
  159         2.The procedures for identifying, documenting, managing,
  160  and rejecting residential recycling containers or loads that
  161  contain contaminated recyclable material; and
  162         3.The remedies that will be used if a container or load
  163  contains contaminated recyclable material.
  164         (e)This subsection shall apply to each contract between a
  165  municipality or county and a residential recycling collector or
  166  materials recovery facility executed or renewed after the
  167  effective date of this act.
  168         Section 4. Subsection (1) of section 403.813, Florida
  169  Statutes, is amended to read:
  170         403.813 Permits issued at district centers; exceptions.—
  171         (1) A permit is not required under this chapter, chapter
  172  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  173  chapter 25270, 1949, Laws of Florida, and a local government may
  174  not require further verification from the department, for
  175  activities associated with the following types of projects;
  176  however, except as otherwise provided in this subsection, this
  177  subsection does not relieve an applicant from any requirement to
  178  obtain permission to use or occupy lands owned by the Board of
  179  Trustees of the Internal Improvement Trust Fund or a water
  180  management district in its governmental or proprietary capacity
  181  or from complying with applicable local pollution control
  182  programs authorized under this chapter or other requirements of
  183  county and municipal governments:
  184         (a) The installation of overhead transmission lines, having
  185  with support structures that which are not constructed in waters
  186  of the state and which do not create a navigational hazard.
  187         (b) The installation and repair of mooring pilings and
  188  dolphins associated with private docking facilities or piers and
  189  the installation of private docks, piers, and recreational
  190  docking facilities, or piers and recreational docking facilities
  191  of local governmental entities when the local governmental
  192  entity’s activities will not take place in any manatee habitat,
  193  any of which docks:
  194         1. Has 500 square feet or less of over-water surface area
  195  for a dock which is located in an area designated as Outstanding
  196  Florida Waters or 1,000 square feet or less of over-water
  197  surface area for a dock which is located in an area that which
  198  is not designated as Outstanding Florida Waters;
  199         2. Is constructed on or held in place by pilings or is a
  200  floating dock which is constructed so as not to involve filling
  201  or dredging other than that necessary to install the pilings;
  202         3. May Shall not substantially impede the flow of water or
  203  create a navigational hazard;
  204         4. Is used for recreational, noncommercial activities
  205  associated with the mooring or storage of boats and boat
  206  paraphernalia; and
  207         5. Is the sole dock constructed pursuant to this exemption
  208  as measured along the shoreline for a distance of 65 feet,
  209  unless the parcel of land or individual lot as platted is less
  210  than 65 feet in length along the shoreline, in which case there
  211  may be one exempt dock allowed per parcel or lot.
  212  
  213  Nothing in This paragraph does not shall prohibit the department
  214  from taking appropriate enforcement action pursuant to this
  215  chapter to abate or prohibit any activity otherwise exempt from
  216  permitting pursuant to this paragraph if the department can
  217  demonstrate that the exempted activity has caused water
  218  pollution in violation of this chapter.
  219         (c) The installation and maintenance to design
  220  specifications of boat ramps on artificial bodies of water where
  221  navigational access to the proposed ramp exists or the
  222  installation of boat ramps open to the public in any waters of
  223  the state where navigational access to the proposed ramp exists
  224  and where the construction of the proposed ramp will be less
  225  than 30 feet wide and will involve the removal of less than 25
  226  cubic yards of material from the waters of the state, and the
  227  maintenance to design specifications of such ramps; however, the
  228  material to be removed shall be placed upon a self-contained
  229  upland site so as to prevent the escape of the spoil material
  230  into the waters of the state.
  231         (d) The replacement or repair of existing docks and piers,
  232  except that fill material may not be used and the replacement or
  233  repaired dock or pier must be in approximately the same location
  234  and no larger in size than the existing dock or pier, and no
  235  additional aquatic resources may be adversely and permanently
  236  impacted by such replacement or repair the same location and of
  237  the same configuration and dimensions as the dock or pier being
  238  replaced or repaired. This does not preclude the use of
  239  different construction materials or minor deviations to allow
  240  upgrades to current structural and design standards.
  241         (e) The restoration of seawalls at their previous locations
  242  or upland of, or within 18 inches waterward of, their previous
  243  locations. However, this may shall not affect the permitting
  244  requirements of chapter 161, and department rules shall clearly
  245  indicate that this exception does not constitute an exception
  246  from the permitting requirements of chapter 161.
  247         (f) The performance of maintenance dredging of existing
  248  manmade canals, channels, intake and discharge structures, and
  249  previously dredged portions of natural water bodies within
  250  drainage rights-of-way or drainage easements which have been
  251  recorded in the public records of the county, where the spoil
  252  material is to be removed and deposited on a self-contained,
  253  upland spoil site which will prevent the escape of the spoil
  254  material into the waters of the state, provided that no more
  255  dredging is to be performed than is necessary to restore the
  256  canals, channels, and intake and discharge structures, and
  257  previously dredged portions of natural water bodies, to original
  258  design specifications or configurations, provided that the work
  259  is conducted in compliance with s. 379.2431(2)(d), provided that
  260  no significant impacts occur to previously undisturbed natural
  261  areas, and provided that control devices for return flow and
  262  best management practices for erosion and sediment control are
  263  utilized to prevent bank erosion and scouring and to prevent
  264  turbidity, dredged material, and toxic or deleterious substances
  265  from discharging into adjacent waters during maintenance
  266  dredging. Further, for maintenance dredging of previously
  267  dredged portions of natural water bodies within recorded
  268  drainage rights-of-way or drainage easements, an entity that
  269  seeks an exemption must notify the department or water
  270  management district, as applicable, at least 30 days before
  271  prior to dredging and provide documentation of original design
  272  specifications or configurations where such exist. This
  273  exemption applies to all canals and previously dredged portions
  274  of natural water bodies within recorded drainage rights-of-way
  275  or drainage easements constructed before prior to April 3, 1970,
  276  and to those canals and previously dredged portions of natural
  277  water bodies constructed on or after April 3, 1970, pursuant to
  278  all necessary state permits. This exemption does not apply to
  279  the removal of a natural or manmade barrier separating a canal
  280  or canal system from adjacent waters. When no previous permit
  281  has been issued by the Board of Trustees of the Internal
  282  Improvement Trust Fund or the United States Army Corps of
  283  Engineers for construction or maintenance dredging of the
  284  existing manmade canal or intake or discharge structure, such
  285  maintenance dredging shall be limited to a depth of no more than
  286  5 feet below mean low water. The Board of Trustees of the
  287  Internal Improvement Trust Fund may fix and recover from the
  288  permittee an amount equal to the difference between the fair
  289  market value and the actual cost of the maintenance dredging for
  290  material removed during such maintenance dredging. However, no
  291  charge shall be exacted by the state for material removed during
  292  such maintenance dredging by a public port authority. The
  293  removing party may subsequently sell such material; however,
  294  proceeds from such sale that exceed the costs of maintenance
  295  dredging shall be remitted to the state and deposited in the
  296  Internal Improvement Trust Fund.
  297         (g) The maintenance of existing insect control structures,
  298  dikes, and irrigation and drainage ditches, provided that spoil
  299  material is deposited on a self-contained, upland spoil site
  300  which will prevent the escape of the spoil material into waters
  301  of the state. In the case of insect control structures, if the
  302  cost of using a self-contained upland spoil site is so
  303  excessive, as determined by the Department of Health, pursuant
  304  to s. 403.088(1), that it will inhibit proposed insect control,
  305  then-existing spoil sites or dikes may be used, upon
  306  notification to the department. In the case of insect control
  307  where upland spoil sites are not used pursuant to this
  308  exemption, turbidity control devices shall be used to confine
  309  the spoil material discharge to that area previously disturbed
  310  when the receiving body of water is used as a potable water
  311  supply, is designated as shellfish harvesting waters, or
  312  functions as a habitat for commercially or recreationally
  313  important shellfish or finfish. In all cases, no more dredging
  314  is to be performed than is necessary to restore the dike or
  315  irrigation or drainage ditch to its original design
  316  specifications.
  317         (h) The repair or replacement of existing functional pipes
  318  or culverts the purpose of which is the discharge or conveyance
  319  of stormwater. In all cases, the invert elevation, the diameter,
  320  and the length of the culvert may shall not be changed. However,
  321  the material used for the culvert may be different from the
  322  original.
  323         (i) The construction of private docks of 1,000 square feet
  324  or less of over-water surface area and seawalls in artificially
  325  created waterways where such construction will not violate
  326  existing water quality standards, impede navigation, or affect
  327  flood control. This exemption does not apply to the construction
  328  of vertical seawalls in estuaries or lagoons unless the proposed
  329  construction is within an existing manmade canal where the
  330  shoreline is currently occupied in whole or part by vertical
  331  seawalls.
  332         (j) The construction and maintenance of swales.
  333         (k) The installation of aids to navigation and buoys
  334  associated with such aids, provided the devices are marked
  335  pursuant to s. 327.40.
  336         (l) The replacement or repair of existing open-trestle foot
  337  bridges and vehicular bridges that are 100 feet or less in
  338  length and two lanes or less in width, provided that no more
  339  dredging or filling of submerged lands is performed other than
  340  that which is necessary to replace or repair pilings and that
  341  the structure to be replaced or repaired is the same length, the
  342  same configuration, and in the same location as the original
  343  bridge. No debris from the original bridge shall be allowed to
  344  remain in the waters of the state.
  345         (m) The installation of subaqueous transmission and
  346  distribution lines laid on, or embedded in, the bottoms of
  347  waters in the state, except in Class I and Class II waters and
  348  aquatic preserves, provided no dredging or filling is necessary.
  349         (n) The replacement or repair of subaqueous transmission
  350  and distribution lines laid on, or embedded in, the bottoms of
  351  waters of the state.
  352         (o) The construction of private seawalls in wetlands or
  353  other surface waters where such construction is between and
  354  adjoins at both ends existing seawalls; follows a continuous and
  355  uniform seawall construction line with the existing seawalls; is
  356  no more than 150 feet in length; and does not violate existing
  357  water quality standards, impede navigation, or affect flood
  358  control. However, in estuaries and lagoons the construction of
  359  vertical seawalls is limited to the circumstances and purposes
  360  stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
  361  the permitting requirements of chapter 161, and department rules
  362  must clearly indicate that this exception does not constitute an
  363  exception from the permitting requirements of chapter 161.
  364         (p) The restoration of existing insect control impoundment
  365  dikes which are less than 100 feet in length. Such impoundments
  366  shall be connected to tidally influenced waters for 6 months
  367  each year beginning September 1 and ending February 28 if
  368  feasible or operated in accordance with an impoundment
  369  management plan approved by the department. A dike restoration
  370  may involve no more dredging than is necessary to restore the
  371  dike to its original design specifications. For the purposes of
  372  this paragraph, restoration does not include maintenance of
  373  impoundment dikes of operating insect control impoundments.
  374         (q) The construction, operation, or maintenance of
  375  stormwater management facilities which are designed to serve
  376  single-family residential projects, including duplexes,
  377  triplexes, and quadruplexes, if they are less than 10 acres
  378  total land and have less than 2 acres of impervious surface and
  379  if the facilities:
  380         1. Comply with all regulations or ordinances applicable to
  381  stormwater management and adopted by a city or county;
  382         2. Are not part of a larger common plan of development or
  383  sale; and
  384         3. Discharge into a stormwater discharge facility exempted
  385  or permitted by the department under this chapter which has
  386  sufficient capacity and treatment capability as specified in
  387  this chapter and is owned, maintained, or operated by a city,
  388  county, special district with drainage responsibility, or water
  389  management district; however, this exemption does not authorize
  390  discharge to a facility without the facility owner’s prior
  391  written consent.
  392         (r) The removal of aquatic plants, the removal of tussocks,
  393  the associated replanting of indigenous aquatic plants, and the
  394  associated removal from lakes of organic detrital material when
  395  such planting or removal is performed and authorized by permit
  396  or exemption granted under s. 369.20 or s. 369.25, provided
  397  that:
  398         1. Organic detrital material that exists on the surface of
  399  natural mineral substrate shall be allowed to be removed to a
  400  depth of 3 feet or to the natural mineral substrate, whichever
  401  is less;
  402         2. All material removed pursuant to this paragraph shall be
  403  deposited in an upland site in a manner that will prevent the
  404  reintroduction of the material into waters in the state except
  405  when spoil material is permitted to be used to create wildlife
  406  islands in freshwater bodies of the state when a governmental
  407  entity is permitted pursuant to s. 369.20 to create such islands
  408  as a part of a restoration or enhancement project;
  409         3. All activities are performed in a manner consistent with
  410  state water quality standards; and
  411         4. No activities under this exemption are conducted in
  412  wetland areas, as defined in s. 373.019(27), which are supported
  413  by a natural soil as shown in applicable United States
  414  Department of Agriculture county soil surveys, except when a
  415  governmental entity is permitted pursuant to s. 369.20 to
  416  conduct such activities as a part of a restoration or
  417  enhancement project.
  418  
  419  The department may not adopt implementing rules for this
  420  paragraph, notwithstanding any other provision of law.
  421         (s) The construction, installation, operation, or
  422  maintenance of floating vessel platforms or floating boat lifts,
  423  provided that such structures:
  424         1. Float at all times in the water for the sole purpose of
  425  supporting a vessel so that the vessel is out of the water when
  426  not in use;
  427         2. Are wholly contained within a boat slip previously
  428  permitted under ss. 403.91-403.929, 1984 Supplement to the
  429  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  430  do not exceed a combined total of 500 square feet, or 200 square
  431  feet in an Outstanding Florida Water, when associated with a
  432  dock that is exempt under this subsection or associated with a
  433  permitted dock with no defined boat slip or attached to a
  434  bulkhead on a parcel of land where there is no other docking
  435  structure;
  436         3. Are not used for any commercial purpose or for mooring
  437  vessels that remain in the water when not in use, and do not
  438  substantially impede the flow of water, create a navigational
  439  hazard, or unreasonably infringe upon the riparian rights of
  440  adjacent property owners, as defined in s. 253.141;
  441         4. Are constructed and used so as to minimize adverse
  442  impacts to submerged lands, wetlands, shellfish areas, aquatic
  443  plant and animal species, and other biological communities,
  444  including locating such structures in areas where seagrasses are
  445  least dense adjacent to the dock or bulkhead; and
  446         5. Are not constructed in areas specifically prohibited for
  447  boat mooring under conditions of a permit issued in accordance
  448  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  449  1983, as amended, or part IV of chapter 373, or other form of
  450  authorization issued by a local government.
  451  
  452  Structures that qualify for this exemption are relieved from any
  453  requirement to obtain permission to use or occupy lands owned by
  454  the Board of Trustees of the Internal Improvement Trust Fund
  455  and, with the exception of those structures attached to a
  456  bulkhead on a parcel of land where there is no docking
  457  structure, may shall not be subject to any more stringent
  458  permitting requirements, registration requirements, or other
  459  regulation by any local government. Local governments may
  460  require either permitting or one-time registration of floating
  461  vessel platforms to be attached to a bulkhead on a parcel of
  462  land where there is no other docking structure as necessary to
  463  ensure compliance with local ordinances, codes, or regulations.
  464  Local governments may require either permitting or one-time
  465  registration of all other floating vessel platforms as necessary
  466  to ensure compliance with the exemption criteria in this
  467  section; to ensure compliance with local ordinances, codes, or
  468  regulations relating to building or zoning, which are no more
  469  stringent than the exemption criteria in this section or address
  470  subjects other than subjects addressed by the exemption criteria
  471  in this section; and to ensure proper installation, maintenance,
  472  and precautionary or evacuation action following a tropical
  473  storm or hurricane watch of a floating vessel platform or
  474  floating boat lift that is proposed to be attached to a bulkhead
  475  or parcel of land where there is no other docking structure. The
  476  exemption provided in this paragraph shall be in addition to the
  477  exemption provided in paragraph (b). The department shall adopt
  478  a general permit by rule for the construction, installation,
  479  operation, or maintenance of those floating vessel platforms or
  480  floating boat lifts that do not qualify for the exemption
  481  provided in this paragraph but do not cause significant adverse
  482  impacts to occur individually or cumulatively. The issuance of
  483  such general permit shall also constitute permission to use or
  484  occupy lands owned by the Board of Trustees of the Internal
  485  Improvement Trust Fund. No local government shall impose a more
  486  stringent regulation, permitting requirement, registration
  487  requirement, or other regulation covered by such general permit.
  488  Local governments may require either permitting or one-time
  489  registration of floating vessel platforms as necessary to ensure
  490  compliance with the general permit in this section; to ensure
  491  compliance with local ordinances, codes, or regulations relating
  492  to building or zoning that are no more stringent than the
  493  general permit in this section; and to ensure proper
  494  installation and maintenance of a floating vessel platform or
  495  floating boat lift that is proposed to be attached to a bulkhead
  496  or parcel of land where there is no other docking structure.
  497         (t) The repair, stabilization, or paving of existing county
  498  maintained roads and the repair or replacement of bridges that
  499  are part of the roadway, within the Northwest Florida Water
  500  Management District and the Suwannee River Water Management
  501  District, provided:
  502         1. The road and associated bridge were in existence and in
  503  use as a public road or bridge, and were maintained by the
  504  county as a public road or bridge on or before January 1, 2002;
  505         2. The construction activity does not realign the road or
  506  expand the number of existing traffic lanes of the existing
  507  road; however, the work may include the provision of safety
  508  shoulders, clearance of vegetation, and other work reasonably
  509  necessary to repair, stabilize, pave, or repave the road,
  510  provided that the work is constructed by generally accepted
  511  engineering standards;
  512         3. The construction activity does not expand the existing
  513  width of an existing vehicular bridge in excess of that
  514  reasonably necessary to properly connect the bridge with the
  515  road being repaired, stabilized, paved, or repaved to safely
  516  accommodate the traffic expected on the road, which may include
  517  expanding the width of the bridge to match the existing
  518  connected road. However, no debris from the original bridge
  519  shall be allowed to remain in waters of the state, including
  520  wetlands;
  521         4. Best management practices for erosion control shall be
  522  employed as necessary to prevent water quality violations;
  523         5. Roadside swales or other effective means of stormwater
  524  treatment must be incorporated as part of the project;
  525         6. No more dredging or filling of wetlands or water of the
  526  state is performed than that which is reasonably necessary to
  527  repair, stabilize, pave, or repave the road or to repair or
  528  replace the bridge, in accordance with generally accepted
  529  engineering standards; and
  530         7. Notice of intent to use the exemption is provided to the
  531  department, if the work is to be performed within the Northwest
  532  Florida Water Management District, or to the Suwannee River
  533  Water Management District, if the work is to be performed within
  534  the Suwannee River Water Management District, 30 days before
  535  prior to performing any work under the exemption.
  536  
  537  Within 30 days after this act becomes a law, the department
  538  shall initiate rulemaking to adopt a no fee general permit for
  539  the repair, stabilization, or paving of existing roads that are
  540  maintained by the county and the repair or replacement of
  541  bridges that are part of the roadway where such activities do
  542  not cause significant adverse impacts to occur individually or
  543  cumulatively. The general permit shall apply statewide and, with
  544  no additional rulemaking required, apply to qualified projects
  545  reviewed by the Suwannee River Water Management District, the
  546  St. Johns River Water Management District, the Southwest Florida
  547  Water Management District, and the South Florida Water
  548  Management District under the division of responsibilities
  549  contained in the operating agreements applicable to part IV of
  550  chapter 373. Upon adoption, this general permit shall, pursuant
  551  to the provisions of subsection (2), supersede and replace the
  552  exemption in this paragraph.
  553         (u) Notwithstanding any provision to the contrary in this
  554  subsection, a permit or other authorization under chapter 253,
  555  chapter 369, chapter 373, or this chapter is not required for an
  556  individual residential property owner for the removal of organic
  557  detrital material from freshwater rivers or lakes that have a
  558  natural sand or rocky substrate and that are not Aquatic
  559  Preserves or for the associated removal and replanting of
  560  aquatic vegetation for the purpose of environmental enhancement,
  561  providing that:
  562         1. No activities under this exemption are conducted in
  563  wetland areas, as defined in s. 373.019(27), which are supported
  564  by a natural soil as shown in applicable United States
  565  Department of Agriculture county soil surveys.
  566         2. No filling or peat mining is allowed.
  567         3. No removal of native wetland trees, including, but not
  568  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  569         4. When removing organic detrital material, no portion of
  570  the underlying natural mineral substrate or rocky substrate is
  571  removed.
  572         5. Organic detrital material and plant material removed is
  573  deposited in an upland site in a manner that will not cause
  574  water quality violations.
  575         6. All activities are conducted in such a manner, and with
  576  appropriate turbidity controls, so as to prevent any water
  577  quality violations outside the immediate work area.
  578         7. Replanting with a variety of aquatic plants native to
  579  the state shall occur in a minimum of 25 percent of the
  580  preexisting vegetated areas where organic detrital material is
  581  removed, except for areas where the material is removed to bare
  582  rocky substrate; however, an area may be maintained clear of
  583  vegetation as an access corridor. The access corridor width may
  584  not exceed 50 percent of the property owner’s frontage or 50
  585  feet, whichever is less, and may be a sufficient length
  586  waterward to create a corridor to allow access for a boat or
  587  swimmer to reach open water. Replanting must be at a minimum
  588  density of 2 feet on center and be completed within 90 days
  589  after removal of existing aquatic vegetation, except that under
  590  dewatered conditions replanting must be completed within 90 days
  591  after reflooding. The area to be replanted must extend waterward
  592  from the ordinary high water line to a point where normal water
  593  depth would be 3 feet or the preexisting vegetation line,
  594  whichever is less. Individuals are required to make a reasonable
  595  effort to maintain planting density for a period of 6 months
  596  after replanting is complete, and the plants, including
  597  naturally recruited native aquatic plants, must be allowed to
  598  expand and fill in the revegetation area. Native aquatic plants
  599  to be used for revegetation must be salvaged from the
  600  enhancement project site or obtained from an aquatic plant
  601  nursery regulated by the Department of Agriculture and Consumer
  602  Services. Plants that are not native to the state may not be
  603  used for replanting.
  604         8. No activity occurs any farther than 100 feet waterward
  605  of the ordinary high water line, and all activities must be
  606  designed and conducted in a manner that will not unreasonably
  607  restrict or infringe upon the riparian rights of adjacent upland
  608  riparian owners.
  609         9. The person seeking this exemption notifies the
  610  applicable department district office in writing at least 30
  611  days before commencing work and allows the department to conduct
  612  a preconstruction site inspection. Notice must include an
  613  organic-detrital-material removal and disposal plan and, if
  614  applicable, a vegetation-removal and revegetation plan.
  615         10. The department is provided written certification of
  616  compliance with the terms and conditions of this paragraph
  617  within 30 days after completion of any activity occurring under
  618  this exemption.
  619         (v) Notwithstanding any other provision in this chapter,
  620  chapter 373, or chapter 161, a permit or other authorization is
  621  not required for the following exploratory activities associated
  622  with beach restoration and nourishment projects and inlet
  623  management activities:
  624         1. The collection of geotechnical, geophysical, and
  625  cultural resource data, including surveys, mapping, acoustic
  626  soundings, benthic and other biologic sampling, and coring.
  627         2. Oceanographic instrument deployment, including temporary
  628  installation on the seabed of coastal and oceanographic data
  629  collection equipment.
  630         3. Incidental excavation associated with any of the
  631  activities listed under subparagraph 1. or subparagraph 2.
  632         Section 5. The Division of Law Revision and Information is
  633  directed to replace the phrase “the effective date of this act”
  634  wherever it occurs in this act with the date the act becomes a
  635  law.
  636         Section 6. This act shall take effect upon becoming a law.