| 1 | 
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| 2 | A bill to be entitled | 
| 3 | An act relating to environmental protection; amending s.  | 
| 4 | 403.813, F.S.; providing for applicability of a road and  | 
| 5 | bridge project permit exemption to the Suwannee River  | 
| 6 | Water Management District; requiring the Department of  | 
| 7 | Environmental Protection to adopt a general permit that  | 
| 8 | shall be applicable to qualified projects reviewed by the  | 
| 9 | department or applicable water management district;  | 
| 10 | providing for the repeal of this paragraph upon adoption  | 
| 11 | of the general permit; deleting an obsolete provision  | 
| 12 | relating to a report; providing an effective date. | 
| 13 | 
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| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
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| 16 |      Section 1.  Paragraph (t) of subsection (2) of section  | 
| 17 | 403.813, Florida Statutes, is amended to read: | 
| 18 |      403.813  Permits issued at district centers; exceptions.-- | 
| 19 |      (2)  A permit is not required under this chapter, chapter  | 
| 20 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or  | 
| 21 | chapter 25270, 1949, Laws of Florida, for activities associated  | 
| 22 | with the following types of projects; however, except as  | 
| 23 | otherwise provided in this subsection, nothing in this  | 
| 24 | subsection relieves an applicant from any requirement to obtain  | 
| 25 | permission to use or occupy lands owned by the Board of Trustees  | 
| 26 | of the Internal Improvement Trust Fund or any water management  | 
| 27 | district in its governmental or proprietary capacity or from  | 
| 28 | complying with applicable local pollution control programs  | 
| 29 | authorized under this chapter or other requirements of county  | 
| 30 | and municipal governments: | 
| 31 |      (t)  The repair, stabilization, or paving of existing  | 
| 32 | county maintained roads and the repair or replacement of bridges  | 
| 33 | that are part of the roadway, within the Northwest Florida Water  | 
| 34 | Management District and the Suwannee River Water Management  | 
| 35 | District, provided: | 
| 36 |      1.  The road and associated bridge were in existence and in  | 
| 37 | use as a public road or bridge, and were maintained by the  | 
| 38 | county as a public road or bridge on or before January 1, 2002; | 
| 39 |      2.  The construction activity does not realign the road or  | 
| 40 | expand the number of existing traffic lanes of the existing  | 
| 41 | road; however, the work may include the provision of safety  | 
| 42 | shoulders, clearance of vegetation, and other work reasonably  | 
| 43 | necessary to repair, stabilize, pave, or repave the road,  | 
| 44 | provided that the work is constructed by generally accepted  | 
| 45 | engineering standards; | 
| 46 |      3.  The construction activity does not expand the existing  | 
| 47 | width of an existing vehicular bridge in excess of that  | 
| 48 | reasonably necessary to properly connect the bridge with the  | 
| 49 | road being repaired, stabilized, paved, or repaved to safely  | 
| 50 | accommodate the traffic expected on the road, which may include  | 
| 51 | expanding the width of the bridge to match the existing  | 
| 52 | connected road. However, no debris from the original bridge  | 
| 53 | shall be allowed to remain in waters of the state, including  | 
| 54 | wetlands; | 
| 55 |      4.  Best management practices for erosion control shall be  | 
| 56 | employed as necessary to prevent water quality violations; | 
| 57 |      5.  Roadside swales or other effective means of stormwater  | 
| 58 | treatment must be incorporated as part of the project; and | 
| 59 |      6.  No more dredging or filling of wetlands or water of the  | 
| 60 | state is performed than that which is reasonably necessary to  | 
| 61 | repair, stabilize, pave, or repave the road or to repair or  | 
| 62 | replace the bridge, in accordance with generally accepted  | 
| 63 | engineering standards; and | 
| 64 |      7.  Notice of intent to use the exemption is provided to  | 
| 65 | the department, if the work is to be performed within the  | 
| 66 | Northwest Florida Water Management District, or to the Suwannee  | 
| 67 | River Water Management District, if the work is to be performed  | 
| 68 | within the Suwannee River Water Management District, 30 days  | 
| 69 | prior to performing any work under the exemption. | 
| 70 | 
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| 71 | Within 30 days after this act becomes a law, the department  | 
| 72 | shall initiate rulemaking to adopt a no fee general permit for  | 
| 73 | the repair, stabilization, or paving of existing roads that are  | 
| 74 | maintained by the county and the repair or replacement of  | 
| 75 | bridges that are part of the roadway where such activities do  | 
| 76 | not cause significant adverse impacts to occur individually or  | 
| 77 | cumulatively. The general permit shall apply statewide and, with  | 
| 78 | no additional rulemaking required, apply to qualified projects  | 
| 79 | reviewed by the Suwannee River Water Management District, the  | 
| 80 | St. Johns River Water Management District, the Southwest Florida  | 
| 81 | Water Management District, and the South Florida Water  | 
| 82 | Management District under the division of responsibilities  | 
| 83 | contained in the operating agreements applicable to part IV of  | 
| 84 | chapter 373. Upon adoption, this general permit shall, pursuant  | 
| 85 | to the provisions of subsection (3), supersede and replace the  | 
| 86 | exemption in this paragraph. The department shall submit a  | 
| 87 | report to the Governor and the Legislature by March 1, 2004, to  | 
| 88 | evaluate the effects of this exemption and make recommendations  | 
| 89 | for the exemption to apply statewide. | 
| 90 |      Section 2.  This act shall take effect upon becoming a law. |