Senate Bill 1250e1

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  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 20.255,

  4         F.S.; deleting the Office of the Youth Corps;

  5         renaming the Division of Water Facilities as

  6         the Division of Resource Management; deleting

  7         the Division of Environmental Resource

  8         Permitting; reinstituting payment in lieu of

  9         taxes; amending s. 373.4145, F.S.; conforming

10         references; extending the expiration date for

11         the interim permitting authority of the

12         Department of Environmental Protection in the

13         Northwest Florida Water Management District

14         pending adoption of rules; directing the

15         Northwest Florida Water Management District and

16         the Department of Environmental Protection to

17         develop a plan to implement a permitting

18         program under part IV of chapter 373, F.S.,

19         which is substantially equivalent to that in

20         the rest of the state by January 1, 2002;

21         requiring submittal of the plan to the Governor

22         and the Legislature; authorizing the department

23         and the Northwest Florida Water Management

24         District to adopt rules implementing part IV of

25         chapter 373, F.S., by January 1, 2002;

26         providing that certain jurisdictional

27         declaratory statements will not expire until

28         January 1, 2002; providing authorization for

29         the Secretary of the Department of

30         Environmental Protection to reorganize the

31         department under certain conditions; amending


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  1         s. 86, ch. 93-213, Laws of Florida; forgiving

  2         the repayment of a loan; amending s. 373.136,

  3         F.S.; allowing the prevailing party to recover

  4         attorney's fees and costs; amending ss.

  5         252.937, 378.901, 403.021, F.S.; conforming a

  6         statutory cross-reference; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (2) and (6), of section 20.255,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         20.255  Department of Environmental Protection.--There

14  is created a Department of Environmental Protection.

15         (2)  There shall be two deputy secretaries and an

16  executive coordinator for ecosystem management who are to be

17  appointed by and shall serve at the pleasure of the secretary.

18  The secretary may assign either deputy secretary the

19  responsibility to supervise, coordinate, and formulate policy

20  for any division, office, or district. The following special

21  offices are established and headed by managers, each of whom

22  is to be appointed by and serve at the pleasure of the

23  secretary: Office of General Counsel, Office of Inspector

24  General, Office of Communication, the latter including public

25  information, legislative liaison, cabinet liaison and special

26  projects, Office of Water Policy, Office of Intergovernmental

27  Programs, Office of Ecosystem Planning and Coordination,

28  Office of Environmental Education, and Office of Greenways and

29  Trails, and an Office of the Youth Corps. The executive

30  coordinator for ecosystem management shall coordinate policy

31  within the department to assure the implementation of the


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  1  ecosystem management provisions of chapter 93-213, Laws of

  2  Florida. The executive coordinator for ecosystem management

  3  shall supervise only the Office of Water Policy, the Office of

  4  Intergovernmental Programs, the Office of Ecosystem Planning

  5  and Coordination, and the Office of Environmental Education.

  6  The executive coordinator for ecosystem management may also be

  7  delegated authority by the secretary to act on behalf of the

  8  secretary; this authority may include the responsibility to

  9  oversee the inland navigation districts. The other special

10  offices not supervised by the executive coordinator for

11  ecosystem management shall report to the secretary; however,

12  the secretary may assign them, for daily coordination

13  purposes, to report through a senior manager other than the

14  secretary. There shall be six administrative districts

15  involved in regulatory matters of waste management, water

16  facilities, wetlands, and air resources, which shall be headed

17  by managers, each of whom is to be appointed by and serve at

18  the pleasure of the secretary. Divisions of the department may

19  have one assistant or two deputy division directors, as

20  required to facilitate effective operation. The managers of

21  all divisions and offices specifically named in this section

22  and the directors of the six administrative districts are

23  exempt from part II of chapter 110 and are included in the

24  Senior Management Service in accordance with s. 110.205(2)(i).

25  No other deputy secretaries or senior management positions at

26  or above the division level, except those established in

27  chapter 110, may be created without specific legislative

28  authority.

29         (6)  The following divisions of the Department of

30  Environmental Protection are established:

31         (a)  Division of Administrative and Technical Services.


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  1         (b)  Division of Air Resource Management.

  2         (c)  Division of Water Resource Management Facilities.

  3         (d)  Division of Law Enforcement.

  4         (e)  Division of Marine Resources.

  5         (f)  Division of Waste Management.

  6         (g)  Division of Recreation and Parks.

  7         (h)  Division of State Lands, the director of which is

  8  to be appointed by the secretary of the department, subject to

  9  confirmation by the Governor and Cabinet sitting as the Board

10  of Trustees of the Internal Improvement Trust Fund.

11         (i)  Division of Environmental Resource Permitting.

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13  In order to ensure statewide and intradepartmental

14  consistency, the department's divisions shall direct the

15  district offices and bureaus on matters of interpretation and

16  applicability of the department's rules and programs.

17         Section 2.  If the Department of Environmental

18  Protection or a water management district has made a payment

19  in lieu of taxes to a governmental entity and subsequently

20  suspended such payment, the department or water management

21  district shall reinstitute appropriate payment and continue

22  the payments in consecutive years until the governmental

23  entity has received a total of ten payments for each tax loss.

24         Section 3.  Section 373.4145, Florida Statutes, is

25  amended to read:

26         373.4145  Interim Part IV permitting program for the

27  Northwest Florida Water Management District.--

28         (1)  Within the geographical jurisdiction of the

29  Northwest Florida Water Management District, the permitting

30  authority of the department under this part shall consist

31


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  1  solely of the following, notwithstanding the rule adoption

  2  deadline in s. 373.414(9):

  3         (a)  Chapter 62-25 17-25, Florida Administrative Code,

  4  shall remain in full force and effect, and shall be

  5  implemented by the department. Notwithstanding the provisions

  6  of this section, chapter 62-25 17-25, Florida Administrative

  7  Code, may be amended by the department as necessary to comply

  8  with any requirements of state or federal laws or regulations,

  9  or any condition imposed by a federal program, or as a

10  requirement for receipt of federal grant funds.

11         (b)  Rules adopted pursuant to the authority of ss.

12  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

13  as amended, in effect prior to July 1, 1994, shall remain in

14  full force and effect, and shall be implemented by the

15  department.  However, the department is authorized to

16  establish additional exemptions and general permits for

17  dredging and filling, if such exemptions or general permits do

18  not allow significant adverse impacts to occur individually or

19  cumulatively.  However, for the purpose of chapter 62-312

20  17-312, Florida Administrative Code, the landward extent of

21  surface waters of the state identified in rule 62-312.030(2)

22  17-312.030(2), Florida Administrative Code, shall be

23  determined in accordance with the methodology in rules

24  62-340.100 17-340.100 through 62-340.600 17-340.600, Florida

25  Administrative Code, as ratified in s. 373.4211, upon the

26  effective date of such ratified methodology. In implementing

27  s. 373.421(2), the department shall determine the extent of

28  those surface waters and wetlands within the regulatory

29  authority of the department as described in this paragraph. At

30  the request of the petitioner, the department shall also

31  determine the extent of surface waters and wetlands which can


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  1  be delineated by the methodology ratified in s. 373.4211, but

  2  which are not subject to the regulatory authority of the

  3  department as described in this paragraph.

  4         (c)  The department may implement chapter 40A-4,

  5  Florida Administrative Code, in effect prior to July 1, 1994,

  6  pursuant to an interagency agreement with the Northwest

  7  Florida Water Management District adopted under s. 373.046(4).

  8         (2)  The authority of the Northwest Florida Water

  9  Management District to implement this part or to implement any

10  authority pursuant to delegation by the department shall not

11  be affected by this section. The rule adoption deadline in s.

12  373.414(9) shall not apply to said district.

13         (3)  The division of permitting responsibilities in s.

14  373.046(4) shall not apply within the geographical

15  jurisdiction of the Northwest Florida Water Management

16  District.

17         (4)  If the United States Environmental Protection

18  Agency approves an assumption of the federal program to

19  regulate the discharge of dredged or fill material by the

20  department or the water management districts, or both,

21  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,

22  as amended, 33 U.S.C. ss. 1251 et seq.; the United States Army

23  Corps of Engineers issues one or more state programmatic

24  general permits under the referenced statutes; or the United

25  States Environmental Protection Agency or the United States

26  Corps of Engineers approves any other delegation of regulatory

27  authority under the referenced statutes, then the department

28  may implement any permitting authority granted in this part

29  within the Northwest Florida Water Management District which

30  is prescribed as a condition of granting such assumption,

31  general permit, or delegation.


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  1         (5)  Within the geographical jurisdiction of the

  2  Northwest Florida Water Management District, the methodology

  3  for determining the landward extent of surface waters of the

  4  state under chapter 403 in effect prior to the effective date

  5  of the methodology ratified in s. 373.4211 shall apply to:

  6         (a)  Activities permitted under the rules adopted

  7  pursuant to ss. 403.91-403.929, 1984 Supplement to the Florida

  8  Statutes 1983, as amended, or which were exempted from

  9  regulation under such rules, prior to July 1, 1994, and which

10  were permitted under chapter 17-25, Florida Administrative

11  Code, or exempt from chapter 17-25, Florida Administrative

12  Code, prior to July 1, 1994, provided:

13         1.  An activity authorized by such permits is conducted

14  in accordance with the plans, terms, and conditions of such

15  permits.

16         2.  An activity exempted from the permitting

17  requirements of the rules adopted pursuant to ss.

18  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

19  as amended, or chapter 17-25, Florida Administrative Code, is:

20         a.  Commenced prior to July 1, 1994, and completed by

21  July 1, 1999;

22         b.  Conducted in accordance with a plan depicting the

23  activity which has been submitted to and approved for

24  construction by the department, the appropriate local

25  government, the United States Army Corps of Engineers, or the

26  Northwest Florida Water Management District; and

27         c.  Conducted in accordance with the terms of the

28  exemption.

29         (b)  An activity within the boundaries of a valid

30  jurisdictional declaratory statement issued pursuant to s.

31  403.914, 1984 Supplement to the Florida Statutes 1983, as


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  1  amended, or the rules adopted thereunder, in response to a

  2  petition received prior to June 1, 1994.

  3         (c)  Any modification of a permitted or exempt activity

  4  as described in paragraph (a) which does not constitute a

  5  substantial modification or which lessens the environmental

  6  impact of such permitted or exempt activity. For the purposes

  7  of this section, a substantial modification is one which is

  8  reasonably expected to lead to substantially different

  9  environmental impacts.

10         (d)  Applications for activities permitted under the

11  rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement

12  to the 1983 Florida Statutes, as amended, which were pending

13  on June 15, 1994, unless the application elects to have

14  applied the delineation methodology ratified in s. 373.4211.

15         (6)  Subsections (1), (2), (3), and (4) shall be

16  repealed upon the effective date of rules adopted under

17  paragraph (7)(c) effective July 1, 1999.

18         (7)(a)  The department and the Northwest Florida Water

19  Management District are directed to develop a plan to

20  implement all or a portion of the Management and Storage of

21  Surface Water program under part IV by January 1, 2002. The

22  plan shall include recommendations for: developing rules under

23  part IV that are substantially equivalent to those in effect

24  in the rest of the state; dividing permitting responsibilities

25  between the department and the Northwest Florida Water

26  Management District; funding and staffing; applying the

27  unified wetlands delineation methodology to isolated wetlands;

28  implementing federal wetlands permitting programs; addressing

29  the implications of s. 70.001; and suggesting any legislation

30  needed to implement the plan.

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  1         (b)  The plan shall be presented by January 1, 2000, to

  2  the Governor, the President of the Senate, the Speaker of the

  3  House of Representatives, and to the chairs of the relevant

  4  substantive and appropriations committees of the Legislature.

  5         (c)  The department and Northwest Florida Water

  6  Management District are authorized to adopt rules implementing

  7  all or a portion of the Management and Storage of Surface

  8  Water program under part IV which are substantially equivalent

  9  to those in effect in the rest of the state. Such rules shall

10  be effective no later than January 1, 2002.

11         (d)  Any jurisdictional declaratory statement issued

12  for a project within the geographic jurisdiction of the

13  Northwest Florida Water Management District that is valid on

14  July 1, 1999 and for which there has been issued a permit

15  pursuant to chapters 403 and 373 for a phase of that project

16  and which identified proposed future development, including

17  mitigation, that would require an additional permit pursuant

18  to chapters 403 and 373 shall not expire until January 1,

19  2002.

20         Section 4.  Subsection (2) of section 252.937, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         252.937  Department powers and duties.--

23         (2)  To ensure that this program is self-supporting,

24  the department shall provide administrative support, including

25  staff, facilities, materials, and services to implement this

26  part for specified stationary sources subject to s. 252.939

27  and shall provide necessary funding to local emergency

28  planning committees and county emergency management agencies

29  for work performed to implement this part. Each state agency

30  with regulatory, inspection, or technical assistance programs

31  for specified stationary sources subject to this part shall


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  1  enter into a memorandum of understanding with the department

  2  which specifically outlines how each agency's staff,

  3  facilities, materials, and services will be utilized to

  4  support implementation. At a minimum, these agencies and

  5  programs include:  the Department of Environmental

  6  Protection's Division of Air Resources Management and Division

  7  of Water Resource Management Facilities, and the Department of

  8  Labor and Employment Security's Division of Safety. It is the

  9  Legislature's intent to implement this part as efficiently and

10  economically as possible, using existing expertise and

11  resources, if available and appropriate.

12         Section 5.  Paragraph (a) of subsection (1) of section

13  378.901, Florida Statutes, is amended to read:

14         378.901  Life-of-the-mine permit.--

15         (1)  As used in this section, the term:

16         (a)  "Bureau" means the Bureau of Mine Reclamation of

17  the Division of Water Resource Management Environmental

18  Resource Permitting of the Department of Environmental

19  Protection.

20         Section 6.  Paragraph (a) of subsection (9) of section

21  403.021, Florida Statutes, is amended to read:

22         403.021  Legislative declaration; public policy.--

23         (9)

24         (a)  The Legislature finds and declares that it is

25  essential to preserve and maintain authorized water depth in

26  the existing navigation channels, port harbors, turning

27  basins, and harbor berths of this state in order to provide

28  for the continued safe navigation of deepwater shipping

29  commerce.  The department shall recognize that maintenance of

30  authorized water depths consistent with port master plans

31  developed pursuant to s. 163.3178(2)(k) is an ongoing,


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  1  continuous, beneficial, and necessary activity that is in the

  2  public interest; and it shall develop a regulatory process

  3  that shall enable the ports of this state to conduct such

  4  activities in an environmentally sound, safe, expeditious, and

  5  cost-efficient manner.  It is the further intent of the

  6  Legislature that the permitting and enforcement of dredging,

  7  dredged-material management, and other related activities for

  8  Florida's deepwater ports pursuant to this chapter and

  9  chapters 161, 253, and 373 shall be consolidated within the

10  department's Division of Water Resource Management

11  Environmental Resource Permitting and, with the concurrence of

12  the affected deepwater port or ports, may be administered by a

13  district office of the department or delegated to an approved

14  local environmental program.

15         Section 7.  Section 86 of chapter 93-213, Laws of

16  Florida, is amended to read:

17         Section 86.  The Department of Environmental Regulation

18  is authorized 54 career service positions for administering

19  the state NPDES program. Twenty-five career service positions

20  are authorized for startup of the program beginning July 1,

21  1993, and the remaining 29 career service positions beginning

22  January 1, 1994. The state NPDES program staffing shall start

23  July 1, 1993, with completion targeted for 6 months following

24  United States Environmental Protection Agency authorization to

25  administer the National Pollutant Discharge Elimination System

26  program. Implementation of positions is subject to review and

27  final approval by the secretary of the Department of

28  Environmental Regulation. The sum of $3.2 million is hereby

29  appropriated from the Pollution Recovery Trust Fund to cover

30  program startup costs. Such funds are to be repaid from a fund

31  the Legislature deems appropriate, no later than July 1, 2000.


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  1         Section 8.  Section 373.136, Florida Statutes, is

  2  amended to read:

  3         373.136  Enforcement of regulations and orders.--

  4         (1)  The governing board may enforce its regulations

  5  and orders adopted pursuant to this chapter, by suit for

  6  injunction or other appropriate action in the courts of the

  7  state.

  8         (2)  Any person who prevails in an action or legal

  9  proceeding brought against them by the department, the

10  governing board of any water management district, any local

11  board, or a local government to which authority has been

12  delegated under s. 373.103(8), pursuant to this chapter shall

13  be entitled to recover reasonable attorney's fees and costs.

14         (3)(2)  Any action by a citizen of the state to seek

15  judicial enforcement of any of the provisions of this chapter

16  shall be governed by the Florida Environmental Protection Act,

17  s. 403.412.

18         Section 9.  Notwithstanding section 20.255(2), Florida

19  Statutes, the Secretary of the Department of Environmental

20  Protection is authorized to restructure and reorganize the

21  department within the current statutory prescribed divisions

22  and in compliance with section 216.292(4), Florida Statutes,

23  1998 Supplement, to increase efficiency in carrying out the

24  agency's statutory mission and objectives. Actions taken under

25  the authority granted by this section must be taken in

26  consultation with the Executive Office of the Governor. The

27  secretary shall submit a report describing actions taken and

28  additional plans for implementing the provisions of this

29  section to the Governor, the President of the Senate, and the

30  Speaker of the House of Representatives by 30 days after this

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  1  bill becomes a law. The department shall submit status reports

  2  on a monthly basis through December 1999.

  3         Section 10.  This act shall take effect July 1, 1999.

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