Senate Bill sb1524e1

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  1                      A bill to be entitled

  2         An act relating to the comprehensive Everglades

  3         restoration plan; amending s. 373.026, F.S.;

  4         requiring the South Florida Water Management

  5         District to submit certain information to the

  6         Joint Legislative Committee on Everglades

  7         Oversight; requiring the committee to provide

  8         certain review of appropriation requests and

  9         make recommendations to the Legislature;

10         providing that state funds for land purchases

11         are authorized if contained within the

12         district's Florida Forever 5-year work plan;

13         creating s. 373.1502, F.S.; creating the

14         Comprehensive Everglades Restoration Plan

15         Regulation Act; providing for regulation of

16         comprehensive plan project components;

17         providing findings and intent; providing an

18         expedited permit process; providing a fee;

19         providing for renewal; amending s. 373.4149,

20         F.S.; providing for acceptance of the Phase II

21         Lake Belt Plan; clarifying boundaries of the

22         Miami-Dade County Lake Belt Area; eliminating

23         the Miami-Dade Lake Belt Plan Implementation

24         Committee; providing for certain lands to be

25         made available to the Department of

26         Environmental Protection to be used for land

27         exchanges; amending s. 373.4415, F.S.; deleting

28         an obsolete reference; amending s. 378.4115,

29         F.S.; deleting an obsolete reference; amending

30         s. 373.4595, F.S.; revising Lake Okeechobee

31         protection permit requirements and related


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  1         exemptions; amending s. 373.470, F.S.; revising

  2         due date of the annual report on implementation

  3         of the comprehensive plan; amending s. 403.088,

  4         F.S.; providing application of water pollution

  5         operation permitting procedures to facilities

  6         constructed, operated, or maintained in the

  7         South Florida ecosystem, including the

  8         components of the comprehensive Everglades

  9         restoration plan; providing an effective date.

10

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

12

13         Section 1.  Paragraphs (b) and (c) of subsection (8) of

14  section 373.026, Florida Statutes, are amended to read:

15         373.026  General powers and duties of the

16  department.--The department, or its successor agency, shall be

17  responsible for the administration of this chapter at the

18  state level. However, it is the policy of the state that, to

19  the greatest extent possible, the department may enter into

20  interagency or interlocal agreements with any other state

21  agency, any water management district, or any local government

22  conducting programs related to or materially affecting the

23  water resources of the state. All such agreements shall be

24  subject to the provisions of s. 373.046. In addition to its

25  other powers and duties, the department shall, to the greatest

26  extent possible:

27         (8)

28         (b)  To ensure to the greatest extent possible that

29  project components will go forward as planned, the department

30  shall collaborate with the South Florida Water Management

31  District in implementing the comprehensive plan as defined in


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  1  s. 373.470(2)(a) restudy.  Before any project component is

  2  submitted to Congress for authorization or receives an

  3  additional appropriation of state funds, the department must

  4  approve, or approve with amendments, each project component

  5  within 60 days following formal submittal of the project

  6  component to the department. Department approval shall be

  7  based upon a determination of the South Florida Water

  8  Management District's compliance with s. 373.1501(5).  Once a

  9  project component is approved, the South Florida Water

10  Management District shall provide to the Joint Legislative

11  Committee on Everglades Oversight a schedule for implementing

12  the project component, the estimated total cost of the project

13  component, any existing federal or nonfederal credits, the

14  estimated remaining federal and nonfederal share of costs, and

15  an estimate of the amount of state funds that will be needed

16  to implement the project component. All requests for an

17  additional appropriation of state funds needed to implement

18  the project component shall be submitted to the department and

19  such requests shall be included in the department's annual

20  request to the Governor.

21         (c)  Notwithstanding paragraph (b), the use of state

22  funds for land purchases from willing sellers is authorized

23  for projects within the South Florida Water Management

24  District's approved 5-year plan of acquisition pursuant to s.

25  373.59 or within the South Florida Water Management District's

26  approved Florida Forever water management district work plan

27  pursuant to s. 373.199.

28         Section 2.  Section 373.1502, Florida Statutes, is

29  created to read:

30         373.1502  Regulation of comprehensive plan project

31  components.--


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  1         (1)  SHORT TITLE.--This section may be cited as the

  2  "Comprehensive Everglades Restoration Plan Regulation Act."

  3         (2)  FINDINGS; INTENT.--

  4         (a)  The Legislature finds that implementation of the

  5  comprehensive plan, as defined in s. 373.470(2)(a), is in the

  6  public interest and is necessary for restoring, preserving,

  7  and protecting the South Florida ecosystem, providing for the

  8  protection of water quality in and the reduction of the loss

  9  of fresh water from the Everglades, and providing such

10  features as are necessary to meet the other water-related

11  needs of the region, including flood control, the enhancement

12  of water supplies, and other objectives served by the project.

13         (b)  The Legislature intends to provide efficient and

14  effective permitting of project components, taking into

15  account all other statutory responsibilities the department

16  and the South Florida Water Management District are required

17  to consider.

18         (3)  REGULATION OF COMPREHENSIVE PLAN STRUCTURES AND

19  FACILITIES.--

20         (a)  This subsection applies to all project components,

21  as defined in s. 373.1501, identified in the comprehensive

22  plan unless the project component is otherwise subject to s.

23  373.4592, s. 373.4595, or the department's rules on reuse of

24  reclaimed water. Permits issued under this subsection are in

25  lieu of all other permits required under this chapter or

26  chapter 403, except for permits issued under any delegated or

27  approved federal program.

28         (b)  The department shall issue a permit for a term of

29  5 years for the construction, operation, modification, or

30  maintenance of a project component based on the criteria set

31  forth in this section. If the department is the entity


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  1  responsible for the construction, operation, modification, or

  2  maintenance of any individual project component, the district

  3  shall issue a permit for a term of 5 years based on the

  4  criteria set forth in this section. The permit application

  5  must provide reasonable assurances that:

  6         1.  The project component will achieve the design

  7  objectives set forth in the detailed design documents

  8  submitted as part of the application.

  9         2.  State water quality standards will be met to the

10  maximum extent practicable. Under no circumstances shall the

11  project component cause or contribute to violation of state

12  water quality standards.

13         3.  Discharges from the project component will not pose

14  a serious danger to public health, safety, or welfare.

15         4.  Any impacts to wetlands or threatened or endangered

16  species resulting from implementation of the project component

17  will be avoided, minimized, and mitigated, as appropriate.

18         (c)  Construction activities for comprehensive plan

19  project components may be initiated upon submission of a

20  permit application and completion of the department's approval

21  under s. 373.1501, but before final agency action or notice of

22  intended agency action. However, a permit must be obtained

23  before the commencement or modification of operation.

24         (d)  Permits issued under this subsection must contain

25  reasonable conditions to ensure that water quality resulting

26  from construction and operation of project components is

27  adequately and accurately monitored.

28         (e)  Permits issued under this subsection may:

29         1.  Authorize construction, operation, modification,

30  and maintenance of individual or multiple project components

31  under a single permit;


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  1         2.  Include any standard conditions provided by

  2  department rule which are appropriate and consistent with this

  3  subsection; or

  4         3.  Establish reporting requirements that are

  5  consolidated with other reports if all reporting requirements

  6  are met.

  7         (f)  The permitting entity shall require a processing

  8  fee in an amount sufficient to cover the costs of reviewing

  9  and acting upon any application for a permit under this

10  section and to cover the costs of surveillance associated with

11  any permit issued under this section.

12         (g)  At least 60 days before the expiration of any

13  permit issued under this subsection, the permittee may apply

14  for a renewal for a term of 5 years. Such submittals are

15  considered timely and sufficient under s. 120.60(4). Permits

16  issued under this subsection may be modified upon review and

17  approval by the department or district, as appropriate.

18         Section 3.  Section 373.4149, Florida Statutes, is

19  amended to read:

20         373.4149  Miami-Dade County Lake Belt Plan.--

21         (1)  The Legislature hereby accepts and adopts the

22  recommendations contained in the Phase I Lake Belt Report and

23  Plan, known as the "Miami-Dade County Lake Plan," dated

24  February 1997 and hereby accepts the Phase II Plan, submitted

25  on February 9, 2001 to the Legislature by the Miami-Dade

26  County Lake Belt Plan Implementation Committee. These plans

27  shall collectively be known as the Miami-Dade County Lake Belt

28  Plan. This plan was developed to enhance the water supply for

29  Miami-Dade County and the Everglades, including appropriate

30  wellfield protection measures; to maximize efficient recovery

31  of limestone while promoting the social and economic welfare


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  1  of the community and protecting the environment; and to

  2  educate various groups and the general public of the benefits

  3  of the plan.

  4         (2)(a)  The Legislature recognizes that deposits of

  5  limestone and sand suitable for production of construction

  6  aggregates, cement, and road base materials are located in

  7  limited areas of the state.

  8         (b)  The Legislature recognizes that the deposit of

  9  limestone available in South Florida is limited due to

10  urbanization to the east and the Everglades to the west.

11         (3)  The Miami-Dade County Lake Belt Area is that area

12  bounded by the Ronald Reagan Turnpike to the east, the

13  Miami-Dade-Broward County line to the north, Krome Avenue to

14  the west and Tamiami Trail to the south together with the land

15  south of Tamiami Trail in sections 5, 6, 7, 8, 17, and 18,

16  Township 54 South, Range 39 East, sections 24, 25, and 36,

17  Township 54 South, Range 38 East less those portions of

18  section 3, south of Krome Avenue and west of U.S. Highway 27,

19  section 10, except the west one-half, section 11, except the

20  northeast one-quarter and the east one-half of the northwest

21  one-quarter, and tracts 38 through 41, and tracts 49 through

22  64 inclusive, section 13, except tracts 17 through 35 and

23  tracts 46 through 48, of Florida Fruit Lands Company

24  Subdivision No. 1 according to the plat thereof as recorded in

25  plat book 2, page 17, public records of Miami-Dade County, and

26  section 14, except the west three quarters, Township 52 South,

27  Range 39 East, lying north of the Miami Canal, sections 35 and

28  36 and the east one-half of sections 24 and 25, Township 53

29  South, Range 39 East and Government Lots 1 and 2, lying

30  between Townships 53 and 54 South, Range 39 East and those

31


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  1  portions of sections 1 and 2, Township 54 South, Range 39

  2  East, lying north of Tamiami Trail.

  3         (4)  The identification of the Miami-Dade County Lake

  4  Belt Area shall not preempt local land use jurisdiction,

  5  planning, or regulatory authority in regard to the use of land

  6  by private land owners.  When amending local comprehensive

  7  plans, or implementing zoning regulations, development

  8  regulations, or other local regulations, Miami-Dade County

  9  shall strongly consider limestone mining activities and

10  ancillary operations, such as lake excavation, including use

11  of explosives, rock processing, cement, concrete and asphalt

12  products manufacturing, and ancillary activities, within the

13  rock mining supported and allowable areas of the Miami-Dade

14  County Lake Plan adopted by subsection (1); provided, however,

15  that limerock mining activities are consistent with wellfield

16  protection. Rezonings or amendments to local comprehensive

17  plans concerning properties that are located within 1 mile of

18  the Miami-Dade Lake Belt Area shall be compatible with

19  limestone mining activities. No rezonings, variances, or

20  amendments to local comprehensive plans for any residential

21  purpose may be approved for any property located in sections

22  35 and 36 and the east one-half of sections 24 and 25,

23  Township 53 South, Range 39 East until such time as there is

24  no active mining within 2 miles of the property. This section

25  does not preclude residential development that complies with

26  current regulations.

27         (5)  The Miami-Dade County Lake Belt Plan

28  Implementation Committee shall be appointed by the governing

29  board of the South Florida Water Management District to

30  develop a strategy for the design and implementation of the

31  Miami-Dade County Lake Belt Plan. The committee shall consist


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  1  of the chair of the governing board of the South Florida Water

  2  Management District, who shall serve as chair of the

  3  committee, the policy director of Environmental and Growth

  4  Management in the office of the Governor, the secretary of the

  5  Department of Environmental Protection, the director of the

  6  Division of Water Facilities or its successor division within

  7  the Department of Environmental Protection, the director of

  8  the Office of Tourism, Trade, and Economic Development within

  9  the office of the Governor, the secretary of the Department of

10  Community Affairs, the executive director of the Fish and

11  Wildlife Conservation Commission, the director of the

12  Department of Environmental Resource Management of Miami-Dade

13  County, the director of the Miami-Dade County Water and Sewer

14  Department, the Director of Planning in Miami-Dade County, a

15  representative of the Friends of the Everglades, a

16  representative of the Florida Audubon Society, a

17  representative of the Florida chapter of the Sierra Club, four

18  representatives of the nonmining private landowners within the

19  Miami-Dade County Lake Belt Area, and four representatives

20  from the limestone mining industry to be appointed by the

21  governing board of the South Florida Water Management

22  District. Two ex officio seats on the committee will be filled

23  by one member of the Florida House of Representatives to be

24  selected by the Speaker of the House of Representatives from

25  among representatives whose districts, or some portion of

26  whose districts, are included within the geographical scope of

27  the committee as described in subsection (3), and one member

28  of the Florida Senate to be selected by the President of the

29  Senate from among senators whose districts, or some portion of

30  whose districts, are included within the geographical scope of

31  the committee as described in subsection (3).  The committee


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  1  may appoint other ex officio members, as needed, by a majority

  2  vote of all committee members.  A committee member may

  3  designate in writing an alternate member who, in the member's

  4  absence, may participate and vote in committee meetings.

  5         (6)  The committee shall develop Phase II of the Lake

  6  Belt Plan which shall:

  7         (a)  Include a detailed master plan to further

  8  implementation;

  9         (b)  Consider the feasibility of a common mitigation

10  plan for nonrock mining uses, including a nonrock mining

11  mitigation fee. Any mitigation fee shall be for the limited

12  purpose of offsetting the loss of wetland functions and values

13  and not as a revenue source for other purposes.

14         (c)  Further address compatible land uses,

15  opportunities, and potential conflicts;

16         (d)  Provide for additional wellfield protection;

17         (e)  Provide measures to prevent the reclassification

18  of the Northwest Miami-Dade County wells as groundwater under

19  the direct influence of surface water;

20         (f)  Secure additional funding sources;

21         (g)  Consider the need to establish a land authority;

22  and

23         (h)  Analyze the hydrological impacts resulting from

24  the future mining included in the Lake Belt Plan and recommend

25  appropriate mitigation measures, if needed, to be incorporated

26  into the Lake Belt Mitigation Plan.

27         (7)  The committee shall remain in effect until January

28  1, 2002, and shall meet as deemed necessary by the chair. The

29  committee shall monitor and direct progress toward developing

30  and implementing the plan. The committee shall submit progress

31  reports to the governing board of the South Florida Water


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  1  Management District and the Legislature by December 31 of each

  2  year. These reports shall include a summary of the activities

  3  of the committee, updates on all ongoing studies, any other

  4  relevant information gathered during the calendar year, and

  5  the committee recommendations for legislative and regulatory

  6  revisions. The committee shall submit a Phase II report and

  7  plan to the governing board of the South Florida Water

  8  Management District and the Legislature by December 31, 2000,

  9  to supplement the Phase I report submitted on February 28,

10  1997. The Phase II report must include the detailed master

11  plan for the Miami-Dade County Lake Belt Area together with

12  the final reports on all studies, the final recommendations of

13  the committee, the status of implementation of Phase I

14  recommendations and other relevant information, and the

15  committee's recommendation for legislative and regulatory

16  revisions.

17         (8)  The committee shall report to the governing board

18  of the South Florida Water Management District semiannually.

19         (9)  In carrying out its work, the committee shall

20  solicit comments from scientific and economic advisors and

21  governmental, public, and private interests. The committee

22  shall provide meeting notes, reports, and the strategy

23  document in a timely manner for public comment.

24         (10)  The committee is authorized to seek from the

25  agencies or entities represented on the committee any grants

26  or funds necessary to enable it to carry out its charge.

27         (5)(11)  The secretary of the Department of

28  Environmental Protection, the secretary of the Department of

29  Community Affairs, the secretary of the Department of

30  Transportation, the Commissioner of Agriculture, the executive

31  director of the Fish and Wildlife Conservation Commission, and


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  1  the executive director of the South Florida Water Management

  2  District may enter into agreements with landowners,

  3  developers, businesses, industries, individuals, and

  4  governmental agencies as necessary to effectuate the

  5  Miami-Dade Lake Belt Plan and the provisions of this section.

  6         (6)(12)(a)  All agencies of the state shall review the

  7  status of their landholdings within the boundaries of the

  8  Miami-Dade County Lake Belt. Those lands for which no present

  9  or future use is identified must be made available, together

10  with other suitable lands, to the Department of Environmental

11  Protection committee for its use in carrying out the

12  objectives of this act.

13         (b)  It is the intent of the Legislature that lands

14  provided to the Department of Environmental Protection

15  committee be used for land exchanges to further the objectives

16  of this act.

17         Section 4.  Section 373.4415, Florida Statutes, is

18  amended to read:

19         373.4415  Role of Miami-Dade County in processing

20  permits for limerock mining in Miami-Dade County Lake

21  Belt.--The department and Miami-Dade County shall cooperate to

22  establish and fulfill reasonable requirements for the

23  departmental delegation to the Miami-Dade County Department of

24  Environmental Resource Management of authority to implement

25  the permitting program under ss. 373.403-373.439 for limerock

26  mining activities within the geographic area of the Miami-Dade

27  County Lake Belt which was recommended for mining in the

28  report submitted to the Legislature in February 1997 by the

29  Miami-Dade County Lake Belt Plan Implementation Committee

30  under s. 373.4149. The delegation of authority must be

31  consistent with s. 373.441 and chapter 62-344, Florida


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  1  Administrative Code. To further streamline permitting within

  2  the Miami-Dade County Lake Belt, the department and Miami-Dade

  3  County are encouraged to work with the United States Army

  4  Corps of Engineers to establish a general permit under s. 404

  5  of the Clean Water Act for limerock mining activities within

  6  the geographic area of the Miami-Dade County Lake Belt

  7  consistent with the report submitted in February 1997.

  8  Miami-Dade County is further encouraged to seek delegation

  9  from the United States Army Corps of Engineers for the

10  implementation of any such general permit. This section does

11  not limit the authority of the department to delegate other

12  responsibilities to Miami-Dade County under this part.

13         Section 5.  Section 378.4115, Florida Statutes, is

14  amended to read:

15         378.4115  County certification for limerock mining in

16  the Miami-Dade County Lake Belt.--The department and

17  Miami-Dade County shall cooperate to establish and fulfill

18  reasonable requirements for the departmental certification of

19  the Miami-Dade County Department of Environmental Resource

20  Management to implement the reclamation program under ss.

21  378.401-378.503 for limerock mining activities within the

22  geographic area of the Miami-Dade County Lake Belt which was

23  recommended for mining in the report submitted to the

24  Legislature in February 1997 by the Miami-Dade County Lake

25  Belt Plan Implementation Committee under s. 373.4149. The

26  delegation of implementing authority must be consistent with

27  s. 378.411 and chapter 62C-36, Florida Administrative Code.

28  Further, the reclamation program shall maximize the efficient

29  mining of limestone, and the littoral area surrounding the

30  lake excavations shall not be required to be greater than 100

31  feet average in width.


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  1         Section 6.  Paragraphs (b) and (d) of subsection (4) of

  2  section 373.4595, Florida Statutes, are amended to read:

  3         373.4595  Lake Okeechobee Protection Program.--

  4         (4)  LAKE OKEECHOBEE PROTECTION PERMITS.--

  5         (b)  Permits obtained pursuant to this section are in

  6  lieu of all other permits under chapter 373 or chapter 403,

  7  except those issued under s. 403.0885, if applicable. No

  8  additional permits are required for the Lake Okeechobee

  9  Construction Project or structures discharging into or from

10  Lake Okeechobee, if permitted under this section. Construction

11  activities related to implementation of the Lake Okeechobee

12  Construction Project may be initiated prior to final agency

13  action, or notice of intended agency action, on any permit

14  from the department under this section.

15         (d)  The department shall require permits for Lake

16  Okeechobee Construction Project facilities. However, projects

17  identified in sub-subparagraph (3)(b)1.b. that qualify as

18  exempt pursuant to s. 373.406 shall not need permits under

19  this section. Such permits shall be issued for a term of 5

20  years upon the demonstration of reasonable assurances that:

21         1.  The Lake Okeechobee Construction Project facility,

22  based upon the conceptual design documents and any subsequent

23  detailed design documents developed by the district, will

24  achieve the design objectives for phosphorus required in

25  paragraph (3)(b);

26         2.  For water quality standards other than phosphorus,

27  the quality of water discharged from the facility is of equal

28  or better quality than the inflows;

29         3.  Discharges from the facility do not pose a serious

30  danger to public health, safety, or welfare; and

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  1         4.  Any impacts on wetlands or state-listed species

  2  resulting from implementation of that facility of the Lake

  3  Okeechobee Construction Project are minimized and mitigated,

  4  as appropriate.

  5         Section 7.  Subsection (7) of section 373.470, Florida

  6  Statutes, is amended to read:

  7         373.470  Everglades restoration.--

  8         (7)  ANNUAL REPORT.--To provide enhanced oversight of

  9  and accountability for the financial commitments established

10  under this section and the progress made in the implementation

11  of the comprehensive plan, the following information must be

12  prepared annually:

13         (a)  The district, in cooperation with the department,

14  shall provide the following information as it relates to

15  implementation of the comprehensive plan:

16         1.  An identification of funds, by source and amount,

17  received by the state and by each local sponsor during the

18  fiscal year.

19         2.  An itemization of expenditures, by source and

20  amount, made by the state and by each local sponsor during the

21  fiscal year.

22         3.  A description of the purpose for which the funds

23  were expended.

24         4.  The unencumbered balance of funds remaining in

25  trust funds or other accounts designated for implementation of

26  the comprehensive plan.

27         5.  A schedule of anticipated expenditures for the next

28  fiscal year.

29         (b)  The department shall prepare a detailed report on

30  all funds expended by the state and credited toward the

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  1  state's share of funding for implementation of the

  2  comprehensive plan. The report shall include:

  3         1.  A description of all expenditures, by source and

  4  amount, from the Conservation and Recreation Lands Trust Fund,

  5  the Land Acquisition Trust Fund, the Preservation 2000 Trust

  6  Fund, the Florida Forever Trust Fund, the Save Our Everglades

  7  Trust Fund, and other named funds or accounts for the

  8  acquisition or construction of project components or other

  9  features or facilities that benefit the comprehensive plan.

10         2.  A description of the purposes for which the funds

11  were expended.

12         3.  The unencumbered fiscal-year-end balance that

13  remains in each trust fund or account identified in

14  subparagraph 1.

15         (c)  The district, in cooperation with the department,

16  shall provide a detailed report on progress made in the

17  implementation of the comprehensive plan, including the status

18  of all project components initiated after the effective date

19  of this act or the date of the last report prepared under this

20  subsection, whichever is later.

21

22  The information required in paragraphs (a), (b), and (c) shall

23  be provided annually in a single report to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives, and copies of the report must be made

26  available to the public. The initial report is due by November

27  30, 2000, and each annual report thereafter is due by January

28  31 November 30.

29         Section 8.  Paragraph (g) of subsection (2) of section

30  403.088, Florida Statutes, is amended to read:

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  1         403.088  Water pollution operation permits;

  2  conditions.--

  3         (2)

  4         (g)  The Legislature finds that the restoration of the

  5  South Florida ecosystem Everglades Protection Area, including

  6  the construction, operation, and maintenance of stormwater

  7  treatment areas (STAs) is in the public interest. Accordingly,

  8  whenever a facility to be constructed, operated, or maintained

  9  in accordance with s. 373.1501, s. 373.1502, s. 373.4595, or

10  s. 373.4592 is subjected to permitting requirements pursuant

11  to chapter 373 or this chapter, and the issuance of the

12  initial permit for a new source, a new discharger, or a

13  recommencing discharger is subjected to a request for hearing

14  pursuant to s. 120.569, the administrative law judge may, upon

15  motion by the permittee, issue a recommended order to the

16  secretary who, within 5 days, shall issue an order authorizing

17  the interim construction, operation, and maintenance of the

18  facility if it complies with all uncontested conditions of the

19  proposed permit and all other conditions recommended by the

20  administrative law judge during the period until the final

21  agency action on the permit.

22         1.  An order authorizing such interim construction,

23  operation, and maintenance shall be granted if requested by

24  motion and no party opposes it.

25         2.  If a party to the administrative hearing pursuant

26  to ss. 120.569 and 120.57 opposes the motion, the

27  administrative law judge shall issue a recommended order

28  granting the motion if the administrative law judge finds

29  that:

30         a.  The facility is likely to receive the permit; and

31


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1524                                 First Engrossed



  1         b.  The environment will not be irreparably harmed by

  2  the construction, operation, or maintenance of the facility

  3  pending final agency action on the permit.

  4         3.  Prior to granting a contested motion for interim

  5  construction, operation, or maintenance of a facility

  6  regulated or otherwise permitted authorized by s. 373.1501, s.

  7  373.1502, s. 373.4595