House Bill 2067e1

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                                       CS/HB 2067, First Engrossed



  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; amending subsection

28         (2) of section 373.136, F.S.; allowing the

29         prevailing party to recover attorney's fees and

30         costs; providing an effective date.

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                                       CS/HB 2067, First Engrossed



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

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  3         Section 1.  Subsection (6) of section 373.4145, Florida

  4  Statutes, is amended and subsection (7) is added to said

  5  section, to read:

  6         373.4145  Interim part IV permitting program for the

  7  Northwest Florida Water Management District.--

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

  9  repealed effective July 1, 2003 1999.

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

11  Management District are directed to begin developing a plan by

12  which the permitting for activities proposed in surface waters

13  and wetlands shall fully comply with the provisions of part IV

14  of chapter 373, beginning July 1, 2003. The plan also shall

15  address the division of environmental resource permitting

16  responsibilities between the department and the Northwest

17  Florida Water Management District; the methodology of

18  delineating wetlands in the Northwest Florida Water Management

19  District; authority of the Northwest Florida Water Management

20  District to implement federal permitting programs related to

21  activities in surface waters and wetlands; and the chapter 70

22  implications of implementing the provisions of part IV of

23  chapter 373 within the jurisdiction of the Northwest Florida

24  Water Management District.

25         (b)  The department and Northwest Florida Water

26  Management District shall jointly prepare an interim report on

27  their progress in developing the aforementioned plan, to be

28  presented March 1, 2001 to the Governor, the President of the

29  Senate, the Speaker of the House of Representatives, and the

30  chairs of the relevant substantive and fiscal committees. The

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                                       CS/HB 2067, First Engrossed



  1  department and district shall present a final report on March

  2  1, 2003.

  3         (c)  Any jurisdictional declaratory statement issued

  4  for a project within the geographic jurisdiction of the

  5  Northwest Florida Water Management District that is valid on

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

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

  8  and which identified proposed future development, including

  9  mitigation, that would require an additional permit pursuant

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

11  2002.

12         Section 2.  Subsection (2) of section 252.937, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         252.937  Department powers and duties.--

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

16  the department shall provide administrative support, including

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

18  part for specified stationary sources subject to s. 252.939

19  and shall provide necessary funding to local emergency

20  planning committees and county emergency management agencies

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

22  with regulatory, inspection, or technical assistance programs

23  for specified stationary sources subject to this part shall

24  enter into a memorandum of understanding with the department

25  which specifically outlines how each agency's staff,

26  facilities, materials, and services will be utilized to

27  support implementation. At a minimum, these agencies and

28  programs include:  the Department of Environmental

29  Protection's Division of Air Resources Management and Division

30  of Water Resource Management Facilities, and the Department of

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


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                                       CS/HB 2067, First Engrossed



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

  2  economically as possible, using existing expertise and

  3  resources, if available and appropriate.

  4         Section 3.  Paragraph (a) of subsection (1) of section

  5  378.901, Florida Statutes, is amended to read:

  6         378.901  Life-of-the-mine permit.--

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

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

  9  the Division of Water Resource Management Environmental

10  Resource Permitting of the Department of Environmental

11  Protection.

12         Section 4.  Paragraph (a) of subsection (9) of section

13  403.021, Florida Statutes, is amended to read:

14         403.021  Legislative declaration; public policy.--

15         (9)(a)  The Legislature finds and declares that it is

16  essential to preserve and maintain authorized water depth in

17  the existing navigation channels, port harbors, turning

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

19  for the continued safe navigation of deepwater shipping

20  commerce.  The department shall recognize that maintenance of

21  authorized water depths consistent with port master plans

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

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

24  public interest; and it shall develop a regulatory process

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

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

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

28  Legislature that the permitting and enforcement of dredging,

29  dredged-material management, and other related activities for

30  Florida's deepwater ports pursuant to this chapter and

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


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                                       CS/HB 2067, First Engrossed



  1  department's Division of Water Resource Management

  2  Environmental Resource Permitting and, with the concurrence of

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

  4  district office of the department or delegated to an approved

  5  local environmental program.

  6         Section 5.  Section 86 of chapter 93-213, Laws of

  7  Florida, is amended to read:

  8         Section 86.  The Department of Environmental Regulation

  9  is authorized 54 career service positions for administering

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

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

12  1993, and the remaining 29 career service positions beginning

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

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

15  United States Environmental Protection Agency authorization to

16  administer the National Pollutant Discharge Elimination System

17  program.  Implementation of positions is subject to review and

18  final approval by the secretary of the Department of

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

20  appropriated from the Pollution Recovery Trust Fund to cover

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

22  fund the Legislature deems appropriate, no later than July 1,

23  2000.

24         Section 6.  If the Department of Environmental

25  Protection or a water management district has made a payment

26  in lieu of taxes to a governmental entity and subsequently

27  suspended such payment, the department or water management

28  district shall reinstitute appropriate payments and continue

29  the payments in consecutive years until the governmental

30  entity has received a total of 10 payments for each tax loss.

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                                       CS/HB 2067, First Engrossed



  1         Section 7.  Subsection (2) of section 373.136, Florida

  2  Statutes, is amended to read:

  3         (2)  Any persons who prevail in an action or legal

  4  proceeding brought against them by the department, the

  5  governing board of any water management district, any local

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

  7  delegated under. 373.103(8). pursuant to this chapter shall be

  8  entitled to recover reasonable attorney's fees and costs.

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

10  judicial enforcement of any of the provisions of this chapter

11  shall be governed by the Florida Environmental Protection Act,

12  s. 403.412.

13         Section 8.  This act shall take effect upon becoming a

14  law.

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