CODING: Words stricken are deletions; words underlined are additions.House Bill 0523c1
Florida House of Representatives - 1997 CS/HB 523
By the Committee on Environmental Protection and
Representatives Mackey and Burroughs
1 A bill to be entitled
2 An act relating to ecosystem management;
3 creating s. 403.075, F.S.; providing
4 legislative findings; creating s. 403.0751,
5 F.S.; providing definitions; creating s.
6 403.0752, F.S.; authorizing ecosystem
7 management agreements between the Department of
8 Environmental Protection, or other specified
9 state regulatory agencies, and regulated
10 entities; providing conditions and
11 requirements; providing incentives; authorizing
12 ecosystem management advisory teams; providing
13 that an ecosystem management agreement may be
14 treated as a final agency action and constitute
15 satisfaction of the variance or waiver under
16 ch. 120, F.S.; providing that no rules will be
17 required to implement the act; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 403.075, Florida Statutes, is
23 created to read:
24 403.075 Legislative findings.--In addition to the
25 declarations contained in s. 403.021, the Legislature finds
26 that:
27 (1) Ecosystem management is a concept that includes
28 coordinating the planning activities of state and other
29 governmental units, land management, environmental permitting
30 and regulatory programs, and voluntary programs, together with
31 the needs of the business community, private landowners, and
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1 the general public, as partners in a streamlined and effective
2 program for the protection of the environment. It is
3 particularly in the interest of persons residing and doing
4 business within the boundaries of a particular ecosystem to
5 share in the responsibility of ecosystem restoration or
6 maintenance. The proper stewardship of an ecosystem by its
7 affected residents will, in general, enhance the economic and
8 social welfare of all Floridians by maintaining the natural
9 beauty and functions of that ecosystem, which will, in turn,
10 contribute to the beauty and function of larger inclusive
11 ecosystems and add immeasurably to the quality of life and the
12 economy of all Florida counties dependent on those ecosystems,
13 thus serving a public purpose.
14 (2) Most ecosystems are subject to multiple
15 governmental jurisdictions. Therefore, there is a need for a
16 unified and stable mechanism to plan for restoration and
17 continued long-term maintenance of ecosystems.
18 (3) It is in the public interest and serves a public
19 purpose that the Department of Environmental Protection take a
20 leading role among the agencies of the state in developing and
21 implementing comprehensive ecosystem management solutions, in
22 cooperation with both public and private regulated entities,
23 which improve the integration between land use planning and
24 regulation, and which achieve positive environmental results
25 in an efficient and cost-effective manner.
26 Section 2. Section 403.0751, Florida Statutes, is
27 created to read:
28 403.0751 Definitions.--In construing ss.
29 403.075-403.0752:
30 (1) "Department" means the Department of Environmental
31 Protection, unless otherwise indicated.
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1 (2) "Ecosystem management area" means either:
2 (a) Any ecosystem management area as described by the
3 department or any part of such area as may be proposed for an
4 ecosystem management agreement pursuant to s. 403.0752; or
5 (b) Any activity or group of related activities which
6 may include one or more activities conducted by or regulated
7 by the department, in a defined geographic area where
8 coordinated management of environmental impacts or functions
9 is proposed for an ecosystem management agreement pursuant to
10 s. 403.0752.
11 Section 3. Section 403.0752, Florida Statutes, is
12 created to read:
13 403.0752 Ecosystem management agreements.--
14 (1) The secretary of the department is authorized to
15 enter into agreements regarding any environmental impacts with
16 regulated entities to better coordinate the legal requirements
17 and timelines applicable to a regulated activity, which may
18 include permit processing, project construction, operations
19 monitoring, enforcement actions, proprietary approvals, and
20 compliance with development orders and regional and local
21 comprehensive plans. Entering into such agreements shall be
22 voluntary for both the regulated entity and the department.
23 Ecosystem management agreements executed as final agency
24 action shall be binding upon the parties, and may be enforced
25 as an order of the department.
26 (2) Ecosystem management agreements may be entered
27 into by the department and regulated entities where
28 implementation of the agreement is found by the department to
29 have a net ecosystem benefit to the subject ecosystem more
30 favorable than operation under standard regulations, where
31 entry into the agreement will not interfere with the
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1 department's obligations under any federally delegated or
2 approved program, where implementation of the agreement will
3 result in a reduction in overall risks to human health and the
4 environment compared to activities conducted in the absence of
5 the agreement, and where the regulated entity or entities have
6 certified to the department that they have in place internal
7 environmental management systems or alternate internal
8 controls sufficient to the implementation of the agreement.
9 (3) Ecosystem management agreements may include
10 incentives for participation and implementation by a regulated
11 entity, including, but not limited to, any or all of the
12 following:
13 (a) Coordinated regulatory contact per facility.
14 (b) Permitting process flexibility.
15 (c) Expedited permit processing.
16 (d) Alternate monitoring and reporting requirements.
17 (e) Coordinated permitting and inspections.
18 (f) Cooperative inspections which provide opportunity
19 for informal resolution of compliance issues prior to
20 initiation of an enforcement action.
21 (g) Alternative means of environmental protection
22 which provide for equivalent or reduced overall risk to human
23 health and the environment, and which are available under
24 existing law such as variances, waivers, or other relief
25 mechanisms.
26 (4) The secretary of the department, the Secretary of
27 Community Affairs, the Secretary of Transportation, the
28 Commissioner of Agriculture, the executive director of the
29 Game and Fresh Water Fish Commission, and the executive
30 directors of the water management districts are authorized to
31 enter into such agreements with regulated entities and other
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1 governmental agencies as are necessary to effectuate the
2 provisions of this section. Local governments shall be
3 encouraged to enter into these agreements.
4 (5) The secretary of the department may form ecosystem
5 management advisory teams for consultation and participation
6 in the preparation of an ecosystem management agreement. Such
7 teams shall include at least the state, regional, and local
8 government entities with regulatory authority over the
9 activities to be subject to the ecosystem management
10 agreement. Such teams may also include representatives of the
11 following groups, entities, and agencies: other participating
12 or advisory government agencies, which may include regional
13 planning councils; private landowners; public landowners and
14 managers; public and private utilities; corporations; and
15 environmental interests. Team members shall be selected in a
16 manner that ensures adequate representation of the diverse
17 interests and perspectives within the designated ecosystem.
18 Participation by any department of state government is at the
19 discretion of that agency.
20 (6)(a) The parties to an ecosystem management
21 agreement may elect to treat the execution of the agreement as
22 final agency action for purposes of s. 120.60, unless such
23 treatment conflicts with the requirements of any federally
24 delegated or approved program. If such election is made:
25 1. Notice of intent to enter into the agreement shall
26 be published by the regulated entity in a newspaper of general
27 circulation in each county where the ecosystem management area
28 is located. The notice shall specifically identify any
29 standards, rules, or other legal or regulatory requirements
30 proposed to be subject to variance or waiver under the
31 agreement. The notice shall include the opportunity to
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1 request a hearing on the agreement under the provisions of s.
2 120.569 or s. 120.57.
3 2. Review of the agreement under such provisions shall
4 be limited to compliance with subsection (2).
5 3. Any permits, licenses, or approvals consistent with
6 the terms of the agreement which are granted by an agency that
7 is a party to the agreement shall not be considered final
8 agency action.
9 4. Any substantial modification or amendment to the
10 agreement shall be subject to the same processes as the
11 original agreement.
12 (b) The parties to an ecosystem management agreement
13 may elect not to treat the execution of the agreement as final
14 agency action for purposes of s. 120.60. Such agreements
15 shall be considered advisory in nature, and are not binding on
16 any party to the agreement. If such election is made, any
17 permits, licenses, or approvals issued by an agency shall be
18 subject to the provisions of chapter 120.
19 (c) Waivers and variances available under applicable
20 statutes and rules may be granted as a part of an ecosystem
21 management agreement executed as a final agency action. The
22 execution of an ecosystem management agreement shall
23 constitute satisfaction of the variance or waiver procedural
24 requirements found at s. 120.542 to the extent necessary for
25 implementation of the agreement.
26 (d) A person who requests an ecosystem management
27 agreement and as a part of that request seeks a permit,
28 variance, or waiver that is subject to a statutory application
29 review time limit, waives his or her right to a default
30 permit, variance, or waiver. However, the applicant may
31 reactivate that right by providing notice to the agency. The
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1 agency shall grant or deny the permit, variance, or waiver
2 application within the statutory time requirements upon
3 receipt of such notice.
4 (7) Implementation of this section by the department
5 shall be consistent with federally delegated programs and
6 federal law.
7 Section 4. No rules shall be required for
8 implementation of this act.
9 Section 5. This act shall take effect upon becoming a
10 law.
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