HB 0759

1	A bill to be entitled
2	An act relating to environmental permitting programs;
3	creating s. 373.4143, F.S.; providing legislative intent;
4	creating s. 373.4144, F.S.; providing for the
5	consolidation of federal and state wetland permitting
6	programs; providing duties of the Department of
7	Environmental Protection; requiring a report to the
8	Legislature and coordination with the Florida
9	Congressional Delegation; providing an effective date.
10
11	WHEREAS, the Legislature recognizes that consolidation of
12	existing federal and state permitting associated with wetlands
13	and navigable waters is in the public interest by eliminating
14	unnecessary duplication and reducing subjective and potentially
15	inconsistent permitting decisions, and
16	WHEREAS, the Legislature further recognizes that
17	consolidation of federal and state wetland and navigable waters
18	permitting would reduce the substantial costs to both public and
19	private sectors, provide a more efficient delivery of government
20	services, and avoid protracted processing delays while
21	maintaining the federal and state protection afforded to
22	Florida's natural resources, NOW, THEREFORE,
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 373.4143, Florida Statutes, is created
27	to read:
28	373.4143  Declaration of policy.--It is the policy of the
29	Legislature that the state provide efficient government services
30	by consolidating, to the maximum extent practicable, federal and
31	state permitting associated with wetlands and navigable waters
32	within the state.
33	Section 2.  Section 373.4144, Florida Statutes, is created
34	to read:
35	373.4144  Federal environmental permitting.--
36	(1)  The department is directed to develop, on or before
37	October 1, 2005, a mechanism or plan to consolidate, to the
38	maximum extent practicable, the federal and state wetland
39	permitting programs. It is the intent of the Legislature that
40	all dredge and fill activities impacting 10 acres or less of
41	wetlands or waters, including navigable waters, be processed by
42	the state as part of the environmental resource permitting
43	program implemented by the department and the water management
44	districts. The resulting mechanism or plan shall analyze and
45	propose the development of an expanded state programmatic
46	general permit program in conjunction with the United States
47	Army Corps of Engineers pursuant to s. 404 of the Clean Water
48	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
49	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
50	or in combination with an expanded state programmatic general
51	permit, the mechanism or plan may propose the creation of a
52	series of regional general permits issued by the United States
53	Army Corps of Engineers pursuant to the referenced statutes. It
54	is intended that the expansion of the state programmatic general
55	permit program or the creation of a series of regional general
56	permits provide the exclusive federal and state regulation of
57	all dredge and fill activities impacting 10 acres or less of
58	wetlands or waters, including navigable waters, within the
59	state. All of the regional general permits must be administered
60	by the department or the water management districts.
61	(2)  The department is directed to file with the Speaker of
62	the House of Representatives and the President of the Senate a
63	report proposing any required federal and state statutory
64	changes that would be necessary to accomplish the directives
65	listed in this section and to coordinate with the Florida
66	Congressional Delegation on any necessary changes to federal law
67	to implement the directives.
68	(3)  Nothing in this section shall be construed to preclude
69	the department from pursuing complete assumption of federal
70	permitting programs regulating the discharge of dredged or fill
71	material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
72	92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
73	Rivers and Harbors Act of 1899, so long as the assumption
74	encompasses all dredge and fill activities in, on, or over
75	jurisdictional wetlands or waters, including navigable waters,
76	within the state.
77	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.