HB 0623, Engrossed 1 2003
1
2	A bill to be entitled
3	An act relating to the Northwest Florida Water Management
4	District; amending s. 373.4145, F.S.; continuing the
5	interim part IV permitting program for the Northwest
6	Florida Water Management District; providing a future
7	repeal of such interim program; removing obsolete
8	provisions; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Notwithstanding the repeal of subsections (1),
13	(2), (3), and (4) of section 373.4145, Florida Statutes,
14	scheduled for July 1, 2003, said subsections are reenacted, and
15	subsections (6) and (7) of said section are amended, to read:
16	373.4145 Interim part IV permitting program for the
17	Northwest Florida Water Management District.--
18	(1) Within the geographical jurisdiction of the Northwest
19	Florida Water Management District, the permitting authority of
20	the department under this part shall consist solely of the
21	following, notwithstanding the rule adoption deadline in s.
22	373.414(9):
23	(a) Chapter 17-25, Florida Administrative Code, shall
24	remain in full force and effect, and shall be implemented by the
25	department. Notwithstanding the provisions of this section,
26	chapter 17-25, Florida Administrative Code, may be amended by
27	the department as necessary to comply with any requirements of
28	state or federal laws or regulations, or any condition imposed
29	by a federal program, or as a requirement for receipt of federal
30	grant funds.
31	(b) Rules adopted pursuant to the authority of ss. 403.91-
32	403.929, 1984 Supplement to the Florida Statutes 1983, as
33	amended, in effect prior to July 1, 1994, shall remain in full
34	force and effect, and shall be implemented by the department.
35	However, the department is authorized to establish additional
36	exemptions and general permits for dredging and filling, if such
37	exemptions or general permits do not allow significant adverse
38	impacts to occur individually or cumulatively. However, for the
39	purpose of chapter 17-312, Florida Administrative Code, the
40	landward extent of surface waters of the state identified in
41	rule 17-312.030(2), Florida Administrative Code, shall be
42	determined in accordance with the methodology in rules 17-
43	340.100 through 17-340.600, Florida Administrative Code, as
44	ratified in s. 373.4211, upon the effective date of such
45	ratified methodology. In implementing s. 373.421(2), the
46	department shall determine the extent of those surface waters
47	and wetlands within the regulatory authority of the department
48	as described in this paragraph. At the request of the
49	petitioner, the department shall also determine the extent of
50	surface waters and wetlands which can be delineated by the
51	methodology ratified in s. 373.4211, but which are not subject
52	to the regulatory authority of the department as described in
53	this paragraph.
54	(c) The department may implement chapter 40A-4, Florida
55	Administrative Code, in effect prior to July 1, 1994, pursuant
56	to an interagency agreement with the Northwest Florida Water
57	Management District adopted under s. 373.046(4).
58	(2) The authority of the Northwest Florida Water
59	Management District to implement this part or to implement any
60	authority pursuant to delegation by the department shall not be
61	affected by this section. The rule adoption deadline in s.
62	373.414(9) shall not apply to said district.
63	(3) The division of permitting responsibilities in s.
64	373.046(4) shall not apply within the geographical jurisdiction
65	of the Northwest Florida Water Management District.
66	(4) If the United States Environmental Protection Agency
67	approves an assumption of the federal program to regulate the
68	discharge of dredged or fill material by the department or the
69	water management districts, or both, pursuant to s. 404 of the
70	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
71	1251 et seq.; the United States Army Corps of Engineers issues
72	one or more state programmatic general permits under the
73	referenced statutes; or the United States Environmental
74	Protection Agency or the United States Corps of Engineers
75	approves any other delegation of regulatory authority under the
76	referenced statutes, then the department may implement any
77	permitting authority granted in this part within the Northwest
78	Florida Water Management District which is prescribed as a
79	condition of granting such assumption, general permit, or
80	delegation.
81	(6) Subsections (1), (2), (3), and (4) shall be repealed
82	effective July 1, 20052003.
83	(7)(a) The department and the Northwest Florida Water
84	Management District are directed to begin developing a plan by
85	which the permitting for activities proposed in surface waters
86	and wetlands shall fully comply with the provisions of this
87	part, beginning July 1, 2003. The plan also shall address the
88	division of environmental resource permitting responsibilities
89	between the department and the Northwest Florida Water
90	Management District; the methodology of delineating wetlands in
91	the Northwest Florida Water Management District; authority of
92	the Northwest Florida Water Management District to implement
93	federal permitting programs related to activities in surface
94	waters and wetlands; and the chapter 70 implications of
95	implementing the provisions of this part within the jurisdiction
96	of the Northwest Florida Water Management District.
97	(b) The department and Northwest Florida Water Management
98	District shall jointly prepare an interim report on their
99	progress in developing the aforementioned plan, to be presented
100	March 1, 2001 to the Governor, the President of the Senate, the
101	Speaker of the House of Representatives, and the chairs of the
102	relevant substantive and fiscal committees. The department and
103	district shall present a final report on March 1, 2003.
104	(c) Any jurisdictional declaratory statement issued for a
105	project within the geographic jurisdiction of the Northwest
106	Florida Water Management District that is valid on July 1, 1999,
107	and for which there has been issued a permit pursuant to this
108	chapter and chapter 403 for a phase of that project and which
109	identified proposed future development, including mitigation,
110	that would require an additional permit pursuant to this chapter
111	and chapter 403 shall not expire until January 1, 2002.
112	Section 2. This act shall take effect upon becoming a law.