Amendment
Bill No. 1112

Amendment No. 184957

CHAMBER ACTION
Senate		House
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1	Representative Williams offered the following:
2
3	Amendment (with title amendment)
4	On page 2, between lines 2 and 3,
5
6	insert:
7	Section 3.  Section 373.4144, Florida Statutes, is amended
8	to read:
9	373.4144  Federal Environmental permitting.--
10	(1)  It is the intent of the Legislature to:
11	(a)  Facilitate the coordination of and a more efficient
12	process of implementing regulatory duties and functions among
13	the Department of Environmental Protection, water management
14	districts, the United States Army Corps of Engineers, the United
15	States Fish and Wildlife Service, the National Marine Fisheries
16	Service, the United States Environmental Protection Agency, the
17	Fish and Wildlife Conservation Commission, and other relevant
18	federal and state agencies.
19	(b)  Authorize the Department of Environmental Protection
20	to obtain issuance by the United States Army Corps of Engineers,
21	pursuant to state and federal law and as set forth herein, of an
22	expanded state programmatic general permit or a series of
23	regional permits for categories of activities in waters of the
24	United States governed by the Clean Water Act and in navigable
25	waters under the Rivers and Harbors Act of 1899 that are similar
26	in nature, cause only minimal adverse environmental effects when
27	performed separately, and have only minimal cumulative adverse
28	effects on the environment.
29	(c)  Utilize the mechanism of a general permit or permits
30	to eliminate overlapping federal and state regulations that seek
31	to protect the same resource and to avoid duplication of
32	permitting between the United States Army Corps of Engineers and
33	the department for minor work located in waters of the United
34	States, including navigable waters, thereby eliminating, in
35	appropriate cases, the need for a separate individual approval
36	from the United States Army Corps of Engineers while ensuring
37	the most stringent protection of wetland resources.
38	(d)  Direct the department not to seek issuance of or take
39	any action pursuant to any such permit or permits unless the
40	conditions are at least as protective of the environment and
41	natural resources as existing state law under part IV of chapter
42	373 and existing federal law under the Clean Water Act and the
43	Rivers and Harbors Act.
44	(e)  Add slash pine and gallberry to the state list as
45	facultative species as an incentive for and contingent upon the
46	alignment of federal and state wetland jurisdictional
47	delineation, and the alignment, which seeks to delineate the
48	same wetland communities. The department shall report annually
49	to the Legislature on efforts to eliminate impediments to
50	achieving greater efficiencies through expansion of a state
51	programmatic general permit or regional general permits. The
52	department is directed to develop, on or before October 1, 2005,
53	a mechanism or plan to consolidate, to the maximum extent
54	practicable, the federal and state wetland permitting programs.
55	It is the intent of the Legislature that all dredge and fill
56	activities impacting 10 acres or less of wetlands or waters,
57	including navigable waters, be processed by the state as part of
58	the environmental resource permitting program implemented by the
59	department and the water management districts. The resulting
60	mechanism or plan shall analyze and propose the development of
61	an expanded state programmatic general permit program in
62	conjunction with the United States Army Corps of Engineers
63	pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
64	as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
65	and Harbors Act of 1899. Alternatively, or in combination with
66	an expanded state programmatic general permit, the mechanism or
67	plan may propose the creation of a series of regional general
68	permits issued by the United States Army Corps of Engineers
69	pursuant to the referenced statutes. All of the regional general
70	permits must be administered by the department or the water
71	management districts or their designees.
72	(2)  In order to effectuate efficient wetland permitting
73	and avoid duplication, the department and water management
74	districts shall implement a voluntary statewide programmatic
75	general permit for all dredge and fill activities impacting 5
76	acres or less of wetlands or other surface waters, including
77	navigable waters, subject to agreement with the United States
78	Army Corps of Engineers in accordance with the following
79	conditions:
80	(a)  By seeking to use the statewide programmatic general
81	permit authorized by this section, an applicant consents to the
82	department or district applying the landward-most delineation of
83	wetlands or other surface waters applicable pursuant to this
84	part or the regulations implementing s. 404 of the Clean Water
85	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
86	and s. 10 of the Rivers and Harbors Act of 1899. In the
87	implementation of the 1987 Corps of Engineers Wetlands Manual
88	Technical Report (87-1), the department or district shall equate
89	high organic matter in the surface horizon in accordance with
90	the National Resource Conservation Service indications for
91	hydric soils approved for use in this state. The department
92	shall ensure statewide coordination and consistency in the
93	delineation of surface waters and wetlands, pursuant to the
94	statewide programmatic general permit authorized by this part,
95	by providing training and guidance to the department and
96	districts in the implementation of such permit.
97	(b)  By seeking to use the statewide programmatic general
98	permit authorized by this section, an applicant consents to
99	applicable substantive federal wetland regulatory criteria,
100	which are not included pursuant to this part but which are
101	authorized by the regulation implementing s. 404 of the Clean
102	Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
103	seq., and s. 10 of the Rivers and Harbors Act of 1899 as
104	required by the Corps of Engineers, notwithstanding the
105	provisions of s. 373.4145 and for the limited purposes of
106	implementing the statewide programmatic general permit
107	authorized by this section.
108	(2)  The department is directed to file with the Speaker of
109	the House of Representatives and the President of the Senate a
110	report proposing any required federal and state statutory
111	changes that would be necessary to accomplish the directives
112	listed in this section and to coordinate with the Florida
113	Congressional Delegation on any necessary changes to federal law
114	to implement the directives.
115	(3)  Nothing in this section shall be construed to preclude
116	the department from pursuing a series of regional general
117	permits for construction activities in wetlands or surface
118	waters or complete assumption of federal permitting programs
119	regulating the discharge of dredged or fill material pursuant to
120	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
121	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
122	Act of 1899, so long as the assumption encompasses all dredge
123	and fill activities in, on, or over jurisdictional wetlands or
124	waters, including navigable waters, within the state.
125	Section 4.  Subsections (1) and (19) of section 373.4211,
126	Florida Statutes, are amended to read:
127	373.4211  Ratification of chapter 17-340, Florida
128	Administrative Code, on the delineation of the landward extent
129	of wetlands and surface waters.--Pursuant to s. 373.421, the
130	Legislature ratifies chapter 17-340, Florida Administrative
131	Code, approved on January 13, 1994, by the Environmental
132	Regulation Commission, with the following changes:
133	(1)  The last sentence of rule 17-340.100(1), Florida
134	Administrative Code, is changed to read: "The methodology shall
135	not be used to delineate areas which are not wetlands as defined
136	in subsection 17-340.200(19), F.A.C., which include agricultural
137	and silvicultural lands resulting from conversion of non-wetland
138	pine flatwoods as defined in this rule, nor to delineate as
139	wetlands or surface waters areas exempted from delineation by
140	statute or agency rule." In addition, rule 17-340.100(2),
141	Florida Administrative Code, is changed to read: "The department
142	shall be responsible for ensuring statewide coordination and
143	consistency in the delineation of surface waters and wetlands
144	pursuant to this rule by providing training and guidance to the
145	department, districts, and local governments in implementing the
146	methodology and technical peer review of delineations of
147	wetlands and surface waters as may be requested."
148	(19)(a)  Rule 17-340.450(3) is amended by adding, after the
149	species list, the following language:
150	"Within Monroe County and the Key Largo portion of Dade
151	County only, the following species shall be listed as
152	facultative: Alternanthera paronychioides, Byrsonima lucida,
153	Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
154	Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
155	unquis-cati, Randia aculeata, Reynosia septentrionalis, and
156	Thrinax radiata."
157	(b)  Pursuant to s. 373.421, the Legislature ratifies the
158	changes to rule 62-340.450(3), Florida Administrative Code,
159	approved on February 23, 2006, by the Environmental Regulation
160	Commission that add slash pine (pinus elliotti) and gallberry
161	(ilex glabra) to the list of facultative plants. However, this
162	ratification and the rule revision shall not take effect until
163	state and federal wetland jurisdictional delineation
164	methodologies are aligned.
165	(c)  Surface water and wetland delineations identified and
166	approved by a permit issued under rules adopted pursuant to this
167	part on or before the effective date of the alignment of the
168	state and federal jurisdictional methodologies shall remain
169	valid until expiration of such permit, notwithstanding the
170	changes to rule 62-340.450(3), Florida Administrative Code, as
171	described in this subsection. For purposes of this paragraph,
172	the term "identified and approved" means:
173	1.  The delineation was field-verified by the permitting
174	agency, and the verification was surveyed as part of the
175	application review process for the permit; or
176	2.  The delineation was field-verified by the permitting
177	agency and approved pursuant to the permit.
178
179	Where surface water and wetland delineations were not identified
180	and approved pursuant to the permit issued under rules adopted
181	pursuant to this part, delineations within the geographical area
182	to which such permit applies shall be determined pursuant to the
183	rules applicable at the time the permit was issued,
184	notwithstanding the changes to rule 62-340.450(3),Florida
185	Administrative Code, as described in this subsection. This
186	paragraph shall also apply to any modification of the permit
187	issued under rules adopted pursuant to this part, which does not
188	constitute a substantial modification, within the geographical
189	area to which the permit applies.
190	(d)  Any declaratory statement issued by the department
191	under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
192	as amended, pursuant to rules adopted thereunder, or by the
193	department or a water management district under s. 373.421, in
194	response to a petition filed on or before the effective date of
195	the alignment of the state and federal jurisdictional
196	methodologies, shall continue to be valid for the duration of
197	such declaratory statement. Any such petition pending on or
198	before the effective date of the alignment of the state and
199	federal jurisdictional methodologies shall be exempt from the
200	changes to rule 62-340.450(3), Florida Administrative Code, as
201	described in this subsection and shall be subject to the
202	provisions of chapter 62-340, Florida Administrative Code, in
203	effect prior to such change. Activities proposed within the
204	boundaries of a valid declaratory statement issued pursuant to a
205	petition submitted to either the department or the relevant
206	water management district on or before the effective date of the
207	alignment of the state and federal jurisdictional methodologies,
208	or a revalidated jurisdictional determination prior to its
209	expiration, shall continue thereafter to be exempt from the
210	changes to rule 62-340.450(3), Florida Administrative Code, as
211	described in this subsection.
212	(e)  A permit application under this part for dredging and
213	filling or other activity which is pending on or before the
214	effective date of the alignment of the state and federal
215	jurisdictional methodologies shall be exempt from the changes to
216	rule 62-340.450(3), Florida Administrative Code, as described in
217	this subsection.
218	(f)  Activities associated with mining operations as
219	defined by and subject to ss. 378.201-378.212 and 378.701-
220	378.703 and included in a conceptual reclamation plan or
221	modification application submitted on or before the effective
222	date of the alignment of the state and federal jurisdictional
223	methodologies shall be exempt from changes to rule 62-
224	340.450(3), Florida Administrative Code, as described in this
225	subsection.
226
227	========= T I T L E  A M E N D M E N T =========
228	On page 1, lines 1 through 12,
229	remove:  the entire title
230
231	and insert:
232	A bill to be entitled
233	An act relating to permitting; creating s. 125.022, F.S.;
234	requiring a county to give written notice of the decision
235	to deny a development permit; requiring that the notice
236	include specific information; defining the term
237	"development permit"; creating s. 166.033, F.S.; requiring
238	a municipality to give written notice of the decision to
239	deny a development permit; requiring that the notice
240	include specific information; defining the term
241	"development permit"; amending s. 373.4144, F.S.;
242	providing legislative intent; removing provisions
243	requiring the Department of Environmental Protection to
244	develop a mechanism consolidating federal and state
245	wetland permitting programs; authorizing implementation of
246	a voluntary statewide programmatic general permit by the
247	department and water management districts for certain
248	dredge and fill activities under certain conditions;
249	specifying conditions applicable to the permit; amending
250	s. 373.4211, F.S.; revising specific administrative rule
251	provisions concerning the vegetative index used to
252	delineate the landward extent of wetlands and surface
253	waters and coordination and consistency in the delineation
254	of surface water and wetlands; delaying implementation of
255	rule revision; providing for the grandfathering of certain
256	permit applications and petitions relating to specified
257	activities; providing an effective date.

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