House Bill 2067c1
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Florida House of Representatives - 1999 CS/HB 2067
By the Committees on General Government Appropriations,
Water & Resource Management and Representatives Alexander,
Boyd, Maygarden, Peaden, Melvin, J. Miller, Kilmer, Bense,
Betancourt, Brummer, Kelly, Waters, Merchant, Cantens, K.
Smith and Ogles
1 A bill to be entitled
2 An act relating to water resource management;
3 amending s. 373.4145, F.S.; postponing
4 scheduled July 1, 1999, repeal of certain
5 provisions of the interim wetlands permitting
6 program for the Northwest Florida Water
7 Management District; directing the Northwest
8 Florida Water Management District and the
9 Department of Environmental Protection to
10 develop a plan to implement an environmental
11 resource permitting program within the
12 jurisdiction of the district by a specified
13 date; requiring reports to the Legislature on
14 the progress of the planning efforts; providing
15 that certain jurisdictional declaratory
16 statements shall not expire until a specified
17 date; amending s. 252.937, F.S.; renaming the
18 Division of Water Facilities of the department
19 as the Division of Water Resource Management;
20 amending ss. 378.901 and 403.021, F.S.;
21 deleting references to the Division of
22 Environmental Resource Permitting; amending s.
23 86 of ch. 93-213, Laws of Florida; eliminating
24 repayment of funds appropriated for
25 administering the state NPDES program;
26 requiring reinstitution of certain suspended
27 payments in lieu of taxes; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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Florida House of Representatives - 1999 CS/HB 2067
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1 Section 1. Subsection (6) of section 373.4145, Florida
2 Statutes, is amended and subsection (7) is added to said
3 section, to read:
4 373.4145 Interim part IV permitting program for the
5 Northwest Florida Water Management District.--
6 (6) Subsections (1), (2), (3), and (4) shall be
7 repealed effective July 1, 2003 1999.
8 (7)(a) The department and the Northwest Florida Water
9 Management District are directed to begin developing a plan by
10 which the permitting for activities proposed in surface waters
11 and wetlands shall fully comply with the provisions of part IV
12 of chapter 373, beginning July 1, 2003. The plan also shall
13 address the division of environmental resource permitting
14 responsibilities between the department and the Northwest
15 Florida Water Management District; the methodology of
16 delineating wetlands in the Northwest Florida Water Management
17 District; authority of the Northwest Florida Water Management
18 District to implement federal permitting programs related to
19 activities in surface waters and wetlands; and the chapter 70
20 implications of implementing the provisions of part IV of
21 chapter 373 within the jurisdiction of the Northwest Florida
22 Water Management District.
23 (b) The department and Northwest Florida Water
24 Management District shall jointly prepare an interim report on
25 their progress in developing the aforementioned plan, to be
26 presented March 1, 2001 to the Governor, the President of the
27 Senate, the Speaker of the House of Representatives, and the
28 chairs of the relevant substantive and fiscal committees. The
29 department and district shall present a final report on March
30 1, 2003.
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Florida House of Representatives - 1999 CS/HB 2067
610-235-99
1 (c) Any jurisdictional declaratory statement issued
2 for a project within the geographic jurisdiction of the
3 Northwest Florida Water Management District that is valid on
4 July 1, 1999, and for which there has been issued a permit
5 pursuant to chapters 403 and 373 for a phase of that project
6 and which identified proposed future development, including
7 mitigation, that would require an additional permit pursuant
8 to chapters 403 and 373 shall not expire until January 1,
9 2002.
10 Section 2. Subsection (2) of section 252.937, Florida
11 Statutes, 1998 Supplement, is amended to read:
12 252.937 Department powers and duties.--
13 (2) To ensure that this program is self-supporting,
14 the department shall provide administrative support, including
15 staff, facilities, materials, and services to implement this
16 part for specified stationary sources subject to s. 252.939
17 and shall provide necessary funding to local emergency
18 planning committees and county emergency management agencies
19 for work performed to implement this part. Each state agency
20 with regulatory, inspection, or technical assistance programs
21 for specified stationary sources subject to this part shall
22 enter into a memorandum of understanding with the department
23 which specifically outlines how each agency's staff,
24 facilities, materials, and services will be utilized to
25 support implementation. At a minimum, these agencies and
26 programs include: the Department of Environmental
27 Protection's Division of Air Resources Management and Division
28 of Water Resource Management Facilities, and the Department of
29 Labor and Employment Security's Division of Safety. It is the
30 Legislature's intent to implement this part as efficiently and
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Florida House of Representatives - 1999 CS/HB 2067
610-235-99
1 economically as possible, using existing expertise and
2 resources, if available and appropriate.
3 Section 3. Paragraph (a) of subsection (1) of section
4 378.901, Florida Statutes, is amended to read:
5 378.901 Life-of-the-mine permit.--
6 (1) As used in this section, the term:
7 (a) "Bureau" means the Bureau of Mine Reclamation of
8 the Division of Water Resource Management Environmental
9 Resource Permitting of the Department of Environmental
10 Protection.
11 Section 4. Paragraph (a) of subsection (9) of section
12 403.021, Florida Statutes, is amended to read:
13 403.021 Legislative declaration; public policy.--
14 (9)(a) The Legislature finds and declares that it is
15 essential to preserve and maintain authorized water depth in
16 the existing navigation channels, port harbors, turning
17 basins, and harbor berths of this state in order to provide
18 for the continued safe navigation of deepwater shipping
19 commerce. The department shall recognize that maintenance of
20 authorized water depths consistent with port master plans
21 developed pursuant to s. 163.3178(2)(k) is an ongoing,
22 continuous, beneficial, and necessary activity that is in the
23 public interest; and it shall develop a regulatory process
24 that shall enable the ports of this state to conduct such
25 activities in an environmentally sound, safe, expeditious, and
26 cost-efficient manner. It is the further intent of the
27 Legislature that the permitting and enforcement of dredging,
28 dredged-material management, and other related activities for
29 Florida's deepwater ports pursuant to this chapter and
30 chapters 161, 253, and 373 shall be consolidated within the
31 department's Division of Water Resource Management
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Florida House of Representatives - 1999 CS/HB 2067
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1 Environmental Resource Permitting and, with the concurrence of
2 the affected deepwater port or ports, may be administered by a
3 district office of the department or delegated to an approved
4 local environmental program.
5 Section 5. Section 86 of chapter 93-213, Laws of
6 Florida, is amended to read:
7 Section 86. The Department of Environmental Regulation
8 is authorized 54 career service positions for administering
9 the state NPDES program. Twenty-five career service positions
10 are authorized for startup of the program beginning July 1,
11 1993, and the remaining 29 career service positions beginning
12 January 1, 1994. The state NPDES program staffing shall start
13 July 1, 1993, with completion targeted for 6 months following
14 United States Environmental Protection Agency authorization to
15 administer the National Pollutant Discharge Elimination System
16 program. Implementation of positions is subject to review and
17 final approval by the secretary of the Department of
18 Environmental Regulation. The sum of $3.2 million is hereby
19 appropriated from the Pollution Recovery Trust Fund to cover
20 program startup costs. Such funds are to be repaid from a
21 fund the Legislature deems appropriate, no later than July 1,
22 2000.
23 Section 6. If the Department of Environmental
24 Protection or a water management district has made a payment
25 in lieu of taxes to a governmental entity and subsequently
26 suspended such payment, the department or water management
27 district shall reinstitute appropriate payments and continue
28 the payments in consecutive years until the governmental
29 entity has received a total of 10 payments for each tax loss.
30 Section 7. This act shall take effect upon becoming a
31 law.
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