HB 0623 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Northwest Florida Water Management
12	District; amending s. 373.4145, F.S.; continuing the
13	interim part IV permitting program for the Northwest
14	Florida Water Management District; providing a future
15	repeal of such interim program; removing obsolete
16	provisions; providing an effective date.
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18	Be It Enacted by the Legislature of the State of Florida:
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20	Section 1. Notwithstanding the repeal of subsections (1),
21	(2), (3), and (4) of section 373.4145, Florida Statutes,
22	scheduled for July 1, 2003, said subsections are reenacted, and
23	subsections (6) and (7) of said section are amended, to read:
24	373.4145 Interim part IV permitting program for the
25	Northwest Florida Water Management District.--
26	(1) Within the geographical jurisdiction of the Northwest
27	Florida Water Management District, the permitting authority of
28	the department under this part shall consist solely of the
29	following, notwithstanding the rule adoption deadline in s.
30	373.414(9):
31	(a) Chapter 17-25, Florida Administrative Code, shall
32	remain in full force and effect, and shall be implemented by the
33	department. Notwithstanding the provisions of this section,
34	chapter 17-25, Florida Administrative Code, may be amended by
35	the department as necessary to comply with any requirements of
36	state or federal laws or regulations, or any condition imposed
37	by a federal program, or as a requirement for receipt of federal
38	grant funds.
39	(b) Rules adopted pursuant to the authority of ss. 403.91-
40	403.929, 1984 Supplement to the Florida Statutes 1983, as
41	amended, in effect prior to July 1, 1994, shall remain in full
42	force and effect, and shall be implemented by the department.
43	However, the department is authorized to establish additional
44	exemptions and general permits for dredging and filling, if such
45	exemptions or general permits do not allow significant adverse
46	impacts to occur individually or cumulatively. However, for the
47	purpose of chapter 17-312, Florida Administrative Code, the
48	landward extent of surface waters of the state identified in
49	rule 17-312.030(2), Florida Administrative Code, shall be
50	determined in accordance with the methodology in rules 17-
51	340.100 through 17-340.600, Florida Administrative Code, as
52	ratified in s. 373.4211, upon the effective date of such
53	ratified methodology. In implementing s. 373.421(2), the
54	department shall determine the extent of those surface waters
55	and wetlands within the regulatory authority of the department
56	as described in this paragraph. At the request of the
57	petitioner, the department shall also determine the extent of
58	surface waters and wetlands which can be delineated by the
59	methodology ratified in s. 373.4211, but which are not subject
60	to the regulatory authority of the department as described in
61	this paragraph.
62	(c) The department may implement chapter 40A-4, Florida
63	Administrative Code, in effect prior to July 1, 1994, pursuant
64	to an interagency agreement with the Northwest Florida Water
65	Management District adopted under s. 373.046(4).
66	(2) The authority of the Northwest Florida Water
67	Management District to implement this part or to implement any
68	authority pursuant to delegation by the department shall not be
69	affected by this section. The rule adoption deadline in s.
70	373.414(9) shall not apply to said district.
71	(3) The division of permitting responsibilities in s.
72	373.046(4) shall not apply within the geographical jurisdiction
73	of the Northwest Florida Water Management District.
74	(4) If the United States Environmental Protection Agency
75	approves an assumption of the federal program to regulate the
76	discharge of dredged or fill material by the department or the
77	water management districts, or both, pursuant to s. 404 of the
78	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
79	1251 et seq.; the United States Army Corps of Engineers issues
80	one or more state programmatic general permits under the
81	referenced statutes; or the United States Environmental
82	Protection Agency or the United States Corps of Engineers
83	approves any other delegation of regulatory authority under the
84	referenced statutes, then the department may implement any
85	permitting authority granted in this part within the Northwest
86	Florida Water Management District which is prescribed as a
87	condition of granting such assumption, general permit, or
88	delegation.
89	(6) Subsections (1), (2), (3), and (4) shall be repealed
90	effective July 1, 20052003.
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.