Senate Bill sb1730
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1730
By Senator Dockery
15-1344-05 See HB 759
1 A bill to be entitled
2 An act relating to environmental permitting
3 programs; creating s. 373.4143, F.S.; providing
4 legislative intent; creating s. 373.4144, F.S.;
5 providing for the consolidation of federal and
6 state wetland permitting programs; providing
7 duties of the Department of Environmental
8 Protection; requiring a report to the
9 Legislature and coordination with the Florida
10 Congressional Delegation; providing an
11 effective date.
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13 WHEREAS, the Legislature recognizes that consolidation
14 of existing federal and state permitting associated with
15 wetlands and navigable waters is in the public interest by
16 eliminating unnecessary duplication and reducing subjective
17 and potentially inconsistent permitting decisions, and
18 WHEREAS, the Legislature further recognizes that
19 consolidation of federal and state wetland and navigable
20 waters permitting would reduce the substantial costs to both
21 public and private sectors, provide a more efficient delivery
22 of government services, and avoid protracted processing delays
23 while maintaining the federal and state protection afforded to
24 Florida's natural resources, NOW, THEREFORE,
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Section 373.4143, Florida Statutes, is
29 created to read:
30 373.4143 Declaration of policy.--It is the policy of
31 the Legislature that the state provide efficient government
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1730
15-1344-05 See HB 759
1 services by consolidating, to the maximum extent practicable,
2 federal and state permitting associated with wetlands and
3 navigable waters within the state.
4 Section 2. Section 373.4144, Florida Statutes, is
5 created to read:
6 373.4144 Federal environmental permitting.--
7 (1) The department is directed to develop, on or
8 before October 1, 2005, a mechanism or plan to consolidate, to
9 the maximum extent practicable, the federal and state wetland
10 permitting programs. It is the intent of the Legislature that
11 all dredge and fill activities impacting 10 acres or less of
12 wetlands or waters, including navigable waters, be processed
13 by the state as part of the environmental resource permitting
14 program implemented by the department and the water management
15 districts. The resulting mechanism or plan shall analyze and
16 propose the development of an expanded state programmatic
17 general permit program in conjunction with the United States
18 Army Corps of Engineers pursuant to s. 404 of the Clean Water
19 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
20 seq., and s. 10 of the Rivers and Harbors Act of 1899.
21 Alternatively, or in combination with an expanded state
22 programmatic general permit, the mechanism or plan may propose
23 the creation of a series of regional general permits issued by
24 the United States Army Corps of Engineers pursuant to the
25 referenced statutes. It is intended that the expansion of the
26 state programmatic general permit program or the creation of a
27 series of regional general permits provide the exclusive
28 federal and state regulation of all dredge and fill activities
29 impacting 10 acres or less of wetlands or waters, including
30 navigable waters, within the state. All of the regional
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2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1730
15-1344-05 See HB 759
1 general permits must be administered by the department or the
2 water management districts.
3 (2) The department is directed to file with the
4 Speaker of the House of Representatives and the President of
5 the Senate a report proposing any required federal and state
6 statutory changes that would be necessary to accomplish the
7 directives listed in this section and to coordinate with the
8 Florida Congressional Delegation on any necessary changes to
9 federal law to implement the directives.
10 (3) Nothing in this section shall be construed to
11 preclude the department from pursuing complete assumption of
12 federal permitting programs regulating the discharge of
13 dredged or fill material pursuant to s. 404 of the Clean Water
14 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
15 seq., and s. 10 of the Rivers and Harbors Act of 1899, so long
16 as the assumption encompasses all dredge and fill activities
17 in, on, or over jurisdictional wetlands or waters, including
18 navigable waters, within the state.
19 Section 3. This act shall take effect upon becoming a
20 law.
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CODING: Words stricken are deletions; words underlined are additions.