HB 0623 2003
1	A bill to be entitled
2	An act relating to the Northwest Florida Water Management
3	District; amending s. 373.4145, F.S.; continuing the
4	interim part IV permitting program for the Northwest
5	Florida Water Management District; providing a future
6	contingent repeal of such interim program; removing
7	obsolete provisions; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Notwithstanding the repeal of subsections (1),
12	(2), (3), and (4) of section 373.4145, Florida Statutes,
13	scheduled for July 1, 2003, said subsections are reenacted, and
14	subsections (6) and (7) of said section are amended, to read:
15	373.4145 Interim part IV permitting program for the
16	Northwest Florida Water Management District.--
17	(1) Within the geographical jurisdiction of the Northwest
18	Florida Water Management District, the permitting authority of
19	the department under this part shall consist solely of the
20	following, notwithstanding the rule adoption deadline in s.
21	373.414(9):
22	(a) Chapter 17-25, Florida Administrative Code, shall
23	remain in full force and effect, and shall be implemented by the
24	department. Notwithstanding the provisions of this section,
25	chapter 17-25, Florida Administrative Code, may be amended by
26	the department as necessary to comply with any requirements of
27	state or federal laws or regulations, or any condition imposed
28	by a federal program, or as a requirement for receipt of federal
29	grant funds.
30	(b) Rules adopted pursuant to the authority of ss. 403.91-
31	403.929, 1984 Supplement to the Florida Statutes 1983, as
32	amended, in effect prior to July 1, 1994, shall remain in full
33	force and effect, and shall be implemented by the department.
34	However, the department is authorized to establish additional
35	exemptions and general permits for dredging and filling, if such
36	exemptions or general permits do not allow significant adverse
37	impacts to occur individually or cumulatively. However, for the
38	purpose of chapter 17-312, Florida Administrative Code, the
39	landward extent of surface waters of the state identified in
40	rule 17-312.030(2), Florida Administrative Code, shall be
41	determined in accordance with the methodology in rules 17-
42	340.100 through 17-340.600, Florida Administrative Code, as
43	ratified in s. 373.4211, upon the effective date of such
44	ratified methodology. In implementing s. 373.421(2), the
45	department shall determine the extent of those surface waters
46	and wetlands within the regulatory authority of the department
47	as described in this paragraph. At the request of the
48	petitioner, the department shall also determine the extent of
49	surface waters and wetlands which can be delineated by the
50	methodology ratified in s. 373.4211, but which are not subject
51	to the regulatory authority of the department as described in
52	this paragraph.
53	(c) The department may implement chapter 40A-4, Florida
54	Administrative Code, in effect prior to July 1, 1994, pursuant
55	to an interagency agreement with the Northwest Florida Water
56	Management District adopted under s. 373.046(4).
57	(2) The authority of the Northwest Florida Water
58	Management District to implement this part or to implement any
59	authority pursuant to delegation by the department shall not be
60	affected by this section. The rule adoption deadline in s.
61	373.414(9) shall not apply to said district.
62	(3) The division of permitting responsibilities in s.
63	373.046(4) shall not apply within the geographical jurisdiction
64	of the Northwest Florida Water Management District.
65	(4) If the United States Environmental Protection Agency
66	approves an assumption of the federal program to regulate the
67	discharge of dredged or fill material by the department or the
68	water management districts, or both, pursuant to s. 404 of the
69	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
70	1251 et seq.; the United States Army Corps of Engineers issues
71	one or more state programmatic general permits under the
72	referenced statutes; or the United States Environmental
73	Protection Agency or the United States Corps of Engineers
74	approves any other delegation of regulatory authority under the
75	referenced statutes, then the department may implement any
76	permitting authority granted in this part within the Northwest
77	Florida Water Management District which is prescribed as a
78	condition of granting such assumption, general permit, or
79	delegation.
80	(6) Subsections (1), (2), (3), and (4) shall be repealed
81	effective 12 months after the effective date of a voter-approved
82	amendment to s. 9, Art. VII of the State Constitution increasing
83	the authorized millage available to the Northwest Florida Water
84	Management District. The Legislature acknowledges the plan
85	statutorily required to be prepared by the Northwest Florida
86	Water Management District and the Department of Environmental
87	Protection in 2003 for wetland protection, but due to limited
88	financial resources available at the local and state level in
89	2003, implementation of the recommended plan must be postponed
90	until such revenues become availableJuly 1, 2003.
91	(7)(a) The department and the Northwest Florida Water
92	Management District are directed to begin developing a plan by
93	which the permitting for activities proposed in surface waters
94	and wetlands shall fully comply with the provisions of this
95	part, beginning July 1, 2003. The plan also shall address the
96	division of environmental resource permitting responsibilities
97	between the department and the Northwest Florida Water
98	Management District; the methodology of delineating wetlands in
99	the Northwest Florida Water Management District; authority of
100	the Northwest Florida Water Management District to implement
101	federal permitting programs related to activities in surface
102	waters and wetlands; and the chapter 70 implications of
103	implementing the provisions of this part within the jurisdiction
104	of the Northwest Florida Water Management District.
105	(b) The department and Northwest Florida Water Management
106	District shall jointly prepare an interim report on their
107	progress in developing the aforementioned plan, to be presented
108	March 1, 2001 to the Governor, the President of the Senate, the
109	Speaker of the House of Representatives, and the chairs of the
110	relevant substantive and fiscal committees. The department and
111	district shall present a final report on March 1, 2003.
112	(c) Any jurisdictional declaratory statement issued for a
113	project within the geographic jurisdiction of the Northwest
114	Florida Water Management District that is valid on July 1, 1999,
115	and for which there has been issued a permit pursuant to this
116	chapter and chapter 403 for a phase of that project and which
117	identified proposed future development, including mitigation,
118	that would require an additional permit pursuant to this chapter
119	and chapter 403 shall not expire until January 1, 2002.
120	Section 2. This act shall take effect upon becoming a law.