Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1112, 1st Eng.
                        Barcode 185710
                            CHAMBER ACTION
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       04/26/2006 11:54 AM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 2 and 3,
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16  insert:  
17         Section 3.  Section 373.4144, Florida Statutes, is
18  amended to read:
19         373.4144  Federal environmental permitting.--
20         (1)  It is the intent of the Legislature to:
21         (a)  Facilitate coordination among the Department of
22  Environmental Protection, the water management districts, the
23  United Army Corps of Engineers, U.S. Fish and Wildlife
24  Service, the National Marine Fisheries Service, the United
25  States Environmental Protection Agency, Fish and Wildlife
26  Conservation Commission, and other relevant federal, state,
27  and local agencies in order to ensure a more efficient process
28  of implementing regulatory duties and functions.
29         (b)  Authorize the Department of Environmental
30  Protection to obtain issuance by the United States Army Corps
31  of Engineers, under state and federal law, of an expanded
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    11:08 AM   04/26/06                            s1112e1c-21-c2r

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 state programmatic general permit, or a series of regional 2 permits, for categories of activities in waters of the United 3 States governed by the Clean Water Act and in navigable waters 4 under the Rivers and Harbors Act of 1899 which are similar in 5 nature, will cause only minimal adverse environmental effects 6 when performed separately, and will have only minimal 7 cumulative adverse effects on the environment. 8 (c) Utilize the mechanism of the general permit or 9 permits to eliminate overlapping federal, state, and local 10 regulations that seek to protect the same resource and to 11 avoid duplication of permitting between the United States Army 12 Corps of Engineers and the department for minor work located 13 in waters of the United States, including navigable waters, 14 thus eliminating, in appropriate cases, the need for a 15 separate individual approval from the United States Army Corps 16 of Engineers, while ensuring the most stringent protection of 17 wetland resources. 18 (d) Direct the department to not seek issuance of or 19 take any action under any permit or permits unless the 20 conditions are at least as protective of the environment and 21 natural resources as existing state law under this part and 22 federal law under the Clean Water Act and the Rivers and 23 Harbors Act. 24 (e) Add slash pine and gallberry to the state list as 25 facultative species as an incentive for and contingent upon 26 the alignment of federal and state wetland jurisdictional 27 delineation. The department shall report annually to the 28 Legislature on its efforts to eliminate impediments to 29 achieving greater efficiencies through expansion of a state 30 programmatic general permit or regional general permit. The 31 department is directed to develop, on or before October 1, 2 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 2005, a mechanism or plan to consolidate, to the maximum 2 extent practicable, the federal and state wetland permitting 3 programs. It is the intent of the Legislature that all dredge 4 and fill activities impacting 10 acres or less of wetlands or 5 waters, including navigable waters, be processed by the state 6 as part of the environmental resource permitting program 7 implemented by the department and the water management 8 districts. The resulting mechanism or plan shall analyze and 9 propose the development of an expanded state programmatic 10 general permit program in conjunction with the United States 11 Army Corps of Engineers pursuant to s. 404 of the Clean Water 12 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et 13 seq., and s. 10 of the Rivers and Harbors Act of 1899. 14 Alternatively, or in combination with an expanded state 15 programmatic general permit, the mechanism or plan may propose 16 the creation of a series of regional general permits issued by 17 the United States Army Corps of Engineers pursuant to the 18 referenced statutes. All of the regional general permits must 19 be administered by the department or the water management 20 districts or their designees. 21 (2) In order to commence efficient wetland permitting 22 and to avoid duplication, the department and water management 23 districts shall implement a voluntary statewide programmatic 24 general permit for all dredge and fill activities impacting 5 25 acres or less of wetlands or other surface waters, including 26 navigable waters, subject to agreement with the United States 27 Army Corps of Engineers in accordance with the following 28 conditions: 29 (a) By seeking to use the statewide programmatic 30 general permit authorized by this section, an applicant agrees 31 that the department or the district may apply the 3 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 landward-most delineation of wetlands or other surface waters 2 applicable pursuant to this part or the regulations 3 implementing s. 404 of the Clean Water Act, Pub. L. No. 4 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of 5 the Rivers and Harbors Act of 1899. In the implementation of 6 the 1987 Corps of Engineers Wetlands Manual Technical Report 7 (87-1), the department or district must equate high organic 8 matter in the surface horizon in accordance with the National 9 Resource Conservation Service indications for hydric soils 10 approved for use in this state. The department must ensure 11 statewide coordination and consistency in the delineation of 12 surface waters and wetlands under the statewide programmatic 13 general permit authorized by this part by providing training 14 and guidance to the department and districts in the 15 implementation of the permit. 16 (b) By seeking to use the statewide programmatic 17 general permit authorized by this section, an applicant 18 consents to applicable substantive federal wetland regulatory 19 criteria, which are not included in this part, but which are 20 authorized by regulations implementing s. 404 of the Clean 21 Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 22 et seq., and s. 10 of the Rivers and Harbors Act of 1899 as 23 required by the United States Army Corps of Engineers, 24 notwithstanding the provisions of s. 373.4145 and for the 25 limited purposes of implementing the statewide programmatic 26 general permit authorized by this section. The department is 27 directed to file with the Speaker of the House of 28 Representatives and the President of the Senate a report 29 proposing any required federal and state statutory changes 30 that would be necessary to accomplish the directives listed in 31 this section and to coordinate with the Florida Congressional 4 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 Delegation on any necessary changes to federal law to 2 implement the directives. 3 (3) Nothing in This section does not shall be 4 construed to preclude the department from pursuing a series of 5 regional general permits for construction activities in 6 wetlands or surface waters or complete assumption of federal 7 permitting programs regulating the discharge of dredged or 8 fill material pursuant to s. 404 of the Clean Water Act, Pub. 9 L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 10 of the Rivers and Harbors Act of 1899, so long as the 11 assumption encompasses all dredge and fill activities in, on, 12 or over jurisdictional wetlands or waters, including navigable 13 waters, within the state. 14 (4) When granting or denying a development permit for 15 wetland construction, a local government must consider 16 mitigation proposed by the applicant, provided the mitigation 17 fully offsets the loss of wetland functions in accordance with 18 the uniform mitigation assessment method adopted pursuant to 19 s. 373.414(18). 20 Section 4. Subsections (1) and (19) of section 21 373.4211, Florida Statutes, are amended to read: 22 373.4211 Ratification of chapter 17-340, Florida 23 Administrative Code, on the delineation of the landward extent 24 of wetlands and surface waters.--Pursuant to s. 373.421, the 25 Legislature ratifies chapter 17-340, Florida Administrative 26 Code, approved on January 13, 1994, by the Environmental 27 Regulation Commission, with the following changes: 28 (1) The last sentence of rule 17-340.100(1), Florida 29 Administrative Code, is changed to read: "The methodology 30 shall not be used to delineate areas which are not wetlands as 31 defined in subsection 17-340.200(19), F.A.C., which include 5 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 agricultural and silvicultural lands resulting from conversion 2 of nonwetland pine flatwoods as defined in this rule, nor to 3 delineate as wetlands or surface waters areas exempted from 4 delineation by statute or agency rule." In addition, rule 5 17-340.100(2), Florida Administrative Code, is changed to 6 read: "The department is responsible for ensuring statewide 7 coordination and consistency in the delineation of surface 8 waters and wetlands pursuant to this rule by providing 9 training and guidance to the department, districts, and local 10 governments in implementing the methodology and technical peer 11 review of delineations of wetlands and surface waters as may 12 be requested." 13 (19)(a) Rule 17-340.450(3) is amended by adding, after 14 the species list, the following language: 15 "Within Monroe County and the Key Largo portion of Dade 16 County only, the following species shall be listed as 17 facultative: Alternanthera paronychioides, Byrsonima lucida, 18 Ernodea littoralis, Guapira discolor, Marnilkara bahamensis, 19 Pisonis rotundata, Pithecellobium keyensis, Pithecellobium 20 unquis-cati, Randia aculeata, Reynosia septentrionalis, and 21 Thrinax radiata." 22 (b) Pursuant to s. 373.421, and subject to the 23 conditions described in this subsection, the Legislature 24 ratifies the changes to rule 62-340.450(3), Florida 25 Administrative Code, approved on February 23, 2006, by the 26 Environmental Regulation Commission which added slash pine 27 (pinus elliotti) and gallberry (flex glabral) to the list of 28 facultative plants. However, this ratification and the rule 29 revision does not take effect until state and federal wetland 30 jurisdictional delineation methodologies are aligned. 31 (c) Surface water and wetland delineations identified 6 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 and approved by a permit issued under rules adopted under this 2 part on or before the effective date of the alignment of the 3 state and federal jurisdictional methodologies remain valid 4 until the expiration of the permit, notwithstanding the 5 changes to rule 62-340.450(3), Florida Administrative Code. 6 For purposes of this paragraph, the term "identified and 7 approved" means: 8 1. The delineation was field-verified by the 9 permitting agency and the verification was surveyed as part of 10 the application review process for the permit; or 11 2. The delineation was field-verified by the 12 permitting agency and approved pursuant to the permit. 13 14 If surface water and wetland delineations are not identified 15 and approved pursuant to the permit issued under rules adopted 16 under this part, delineations within the geographical area to 17 which the permit applies shall be determined under the rules 18 applicable at the time the permit was issued, notwithstanding 19 the changes to rule 62-340.450(3), Florida Administrative 20 Code, as described in this subsection. This paragraph also 21 applies to any modification of the permit issued under rules 22 adopted pursuant to this part, which does not constitute a 23 substantial modification, within the geographical area to 24 which the permit applies. 25 (d) Any declaratory statement issued by the department 26 under s. 403.914, Florida Statutes, 1984 Supplement, as 27 amended, pursuant to rules adopted thereunder, or by the 28 department or a water management district under s. 373.421, in 29 response to a petition filed on or before the effective date 30 of the alignment of the state and federal jurisdictional 31 methodologies, shall continue to be valid for the duration of 7 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 the declaratory statement. Any such petition pending on or 2 before the effective date of the alignment of the state and 3 federal jurisdictional methodologies is exempt from the 4 changes to rule 62-340.450(3), Florida Administrative Code, as 5 described in this subsection, and is subject to the provisions 6 of chapter 62-340, Florida Administrative Code, in effect 7 before the change. Activities proposed within the boundaries 8 of a valid declaratory statement issued pursuant to a petition 9 submitted to the department or the relevant water management 10 district on or before the effective date of the alignment of 11 the state and federal jurisdictional methodologies, or a 12 revalidated jurisdictional determination prior to its 13 expiration, shall continue thereafter to be exempt from the 14 changes to rule 62-340.450(3), Florida Administrative Code, as 15 described in this subsection. 16 (e) A permit application under this part for dredging 17 and filling or other activity which is pending on or before 18 the effective date of the alignment of the state and federal 19 jurisdictional methodologies is exempt from the changes to 20 rule 62-340.450(3), Florida Administrative Code, as described 21 in this subsection. 22 (f) Activities associated with mining operations as 23 defined by and subject to ss. 378.201-378.212 and 24 378.701-378.703 and included in a conceptual reclamation plan 25 or modification application submitted on or before the 26 effective date of the alignment of the state and federal 27 jurisdictional methodologies are exempt from changes to rule 28 62-340.450(3), Florida Administrative Code, as described in 29 this subsection. 30 31 (Redesignate subsequent sections.) 8 11:08 AM 04/26/06 s1112e1c-21-c2r
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1112, 1st Eng. Barcode 185710 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 12, after the semicolon, 4 5 insert: 6 amending s. 373.4144, F.S.; providing 7 legislative intent relating to coordinating 8 activities among the Department of 9 Environmental Protection and specified federal 10 agencies; requiring the department and the 11 water management districts to implement a 12 voluntary statewide general permit for certain 13 wetlands and surface waters; detailing 14 conditions applicable for statewide general 15 permits; requiring a local government to 16 consider mitigation proposed by the applicant 17 when granting or denying a development permit 18 for wetland construction; providing conditions; 19 amending s. 323.4211, F.S.; ratifying certain 20 rules in the Florida Administrative Code 21 relating to surface water and wetland 22 delineations; providing for application to 23 existing permits; providing exemptions for 24 certain specified activities; 25 26 27 28 29 30 31 9 11:08 AM 04/26/06 s1112e1c-21-c2r