Amendment
Bill No. 1112

Amendment No. 287081

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, insert:
5	Section 3.  Section 373.4144, Florida Statutes, is amended
6	to read:
7	373.4144  Federal environmental permitting.--
8	(1)  It is the intent of the Legislature to:
9	(a)  Facilitate coordination among the Department of
10	Environmental Protection, the water management districts, the
11	United Army Corps of Engineers, U.S. Fish and Wildlife Service,
12	the National Marine Fisheries Service, the United States
13	Environmental Protection Agency, Fish and Wildlife Conservation
14	Commission, and other relevant federal, state, and local
15	agencies in order to ensure a more efficient process of
16	implementing regulatory duties and functions.
17	(b)  Authorize the Department of Environmental Protection
18	to obtain issuance by the United States Army Corps of Engineers,
19	under state and federal law, of an expanded state programmatic
20	general permit, or a series of regional permits, for categories
21	of activities in waters of the United States governed by the
22	Clean Water Act and in navigable waters under the Rivers and
23	Harbors Act of 1899 which are similar in nature, will cause only
24	minimal adverse environmental effects when performed separately,
25	and will have only minimal cumulative adverse effects on the
26	environment.
27	(c)  Utilize the mechanism of the general permit or permits
28	to eliminate overlapping federal, state, and local regulations
29	that seek to protect the same resource and to avoid duplication
30	of permitting between the United States Army Corps of Engineers
31	and the department for minor work located in waters of the
32	United States, including navigable waters, thus eliminating, in
33	appropriate cases, the need for a separate individual approval
34	from the United States Army Corps of Engineers, while ensuring
35	the most stringent protection of wetland resources.
36	(d)  Direct the department to not seek issuance of or take
37	any action under any permit or permits unless the conditions are
38	at least as protective of the environment and natural resources
39	as existing state law under this part and federal law under the
40	Clean Water Act and the Rivers and Harbors Act.
41	(e)  Add slash pine and gallberry to the state list as
42	facultative species as an incentive for and contingent upon the
43	alignment of federal and state wetland jurisdictional
44	delineation. The department shall report annually to the
45	Legislature on its efforts to eliminate impediments to achieving
46	greater efficiencies through expansion of a state programmatic
47	general permit or regional general permit. The department is
48	directed to develop, on or before October 1, 2005, a mechanism
49	or plan to consolidate, to the maximum extent practicable, the
50	federal and state wetland permitting programs. It is the intent
51	of the Legislature that all dredge and fill activities impacting
52	10 acres or less of wetlands or waters, including navigable
53	waters, be processed by the state as part of the environmental
54	resource permitting program implemented by the department and
55	the water management districts. The resulting mechanism or plan
56	shall analyze and propose the development of an expanded state
57	programmatic general permit program in conjunction with the
58	United States Army Corps of Engineers pursuant to s. 404 of the
59	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
60	1251 et seq., and s. 10 of the Rivers and Harbors Act of 1899.
61	Alternatively, or in combination with an expanded state
62	programmatic general permit, the mechanism or plan may propose
63	the creation of a series of regional general permits issued by
64	the United States Army Corps of Engineers pursuant to the
65	referenced statutes. All of the regional general permits must be
66	administered by the department or the water management districts
67	or their designees.
68	(2)  In order to commence efficient wetland permitting and
69	to avoid duplication, the department and water management
70	districts shall implement a voluntary statewide programmatic
71	general permit for all dredge and fill activities impacting 5
72	acres or less of wetlands or other surface waters, including
73	navigable waters, subject to agreement with the United States
74	Army Corps of Engineers in accordance with the following
75	conditions:
76	(a)  By seeking to use the statewide programmatic general
77	permit authorized by this section, an applicant agrees that the
78	department or the district may apply the landward-most
79	delineation of wetlands or other surface waters applicable
80	pursuant to this part or the regulations implementing s. 404 of
81	the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C.
82	ss. 1251 et seq., and s. 10 of the Rivers and Harbors Act of
83	1899. In the implementation of the 1987 Corps of Engineers
84	Wetlands Manual Technical Report (87-1), the department or
85	district must equate high organic matter in the surface horizon
86	in accordance with the National Resource Conservation Service
87	indications for hydric soils approved for use in this state. The
88	department must ensure statewide coordination and consistency in
89	the delineation of surface waters and wetlands under the
90	statewide programmatic general permit authorized by this part by
91	providing training and guidance to the department and districts
92	in the implementation of the permit.
93	(b)  By seeking to use the statewide programmatic general
94	permit authorized by this section, an applicant consents to
95	applicable substantive federal wetland regulatory criteria,
96	which are not included in this part, but which are authorized by
97	regulations implementing s. 404 of the Clean Water Act, Pub. L.
98	No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of
99	the Rivers and Harbors Act of 1899 as required by the United
100	States Army Corps of Engineers, notwithstanding the provisions
101	of s. 373.4145 and for the limited purposes of implementing the
102	statewide programmatic general permit authorized by this
103	section. The department is directed to file with the Speaker of
104	the House of Representatives and the President of the Senate a
105	report proposing any required federal and state statutory
106	changes that would be necessary to accomplish the directives
107	listed in this section and to coordinate with the Florida
108	Congressional Delegation on any necessary changes to federal law
109	to implement the directives.
110	(3)  Nothing in This section does not shall be construed to
111	preclude the department from pursuing a series of regional
112	general permits for construction activities in wetlands or
113	surface waters or complete assumption of federal permitting
114	programs regulating the discharge of dredged or fill material
115	pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
116	as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
117	and Harbors Act of 1899, so long as the assumption encompasses
118	all dredge and fill activities in, on, or over jurisdictional
119	wetlands or waters, including navigable waters, within the
120	state.
121	(4)  When granting or denying a development permit for
122	wetland construction, a local government must consider
123	mitigation proposed by the applicant, provided the mitigation
124	fully offsets the loss of wetland functions in accordance with
125	the uniform mitigation assessment method adopted pursuant to s.
126	373.414(18).
127	Section 4.  Subsections (1) and (19) of section 373.4211,
128	Florida Statutes, are amended to read:
129	373.4211  Ratification of chapter 17-340, Florida
130	Administrative Code, on the delineation of the landward extent
131	of wetlands and surface waters.--Pursuant to s. 373.421, the
132	Legislature ratifies chapter 17-340, Florida Administrative
133	Code, approved on January 13, 1994, by the Environmental
134	Regulation Commission, with the following changes:
135	(1)  The last sentence of rule 17-340.100(1), Florida
136	Administrative Code, is changed to read: "The methodology shall
137	not be used to delineate areas which are not wetlands as defined
138	in subsection 17-340.200(19), F.A.C., which include agricultural
139	and silvicultural lands resulting from conversion of nonwetland
140	pine flatwoods as defined in this rule, nor to delineate as
141	wetlands or surface waters areas exempted from delineation by
142	statute or agency rule." In addition, rule 17-340.100(2),
143	Florida Administrative Code, is changed to read:  "The
144	department is responsible for ensuring statewide coordination
145	and consistency in the delineation of surface waters and
146	wetlands pursuant to this rule by providing training and
147	guidance to the department, districts, and local governments in
148	implementing the methodology and technical peer review of
149	delineations of wetlands and surface waters as may be
150	requested."
151	(19)(a)  Rule 17-340.450(3) is amended by adding, after the
152	species list, the following language:
153	"Within Monroe County and the Key Largo portion of Dade
154	County only, the following species shall be listed as
155	facultative: Alternanthera paronychioides, Byrsonima lucida,
156	Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
157	Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
158	unquis-cati, Randia aculeata, Reynosia septentrionalis, and
159	Thrinax radiata."
160	(b)  Pursuant to s. 373.421, and subject to the conditions
161	described in this subsection, the Legislature ratifies the
162	changes to rule 62-340.450(3), Florida Administrative Code,
163	approved on February 23, 2006, by the Environmental Regulation
164	Commission which added slash pine (pinus elliotti) and gallberry
165	(ilex glabra) to the list of facultative plants. However, this
166	ratification and the rule revision does not take effect until
167	state and federal wetland jurisdictional delineation
168	methodologies are aligned.
169	(c)  Surface water and wetland delineations identified and
170	approved by a permit issued under rules adopted under this part
171	on or before the effective date of the alignment of the state
172	and federal jurisdictional methodologies remain valid until the
173	expiration of the permit, notwithstanding the changes to rule
174	62-340.450(3), Florida Administrative Code. For purposes of this
175	paragraph, the term "identified and approved" means:
176	1.  The delineation was field-verified by the permitting
177	agency and the verification was surveyed as part of the
178	application review process for the permit; or
179	2.  The delineation was field-verified by the permitting
180	agency and approved pursuant to the permit.
181
182	If surface water and wetland delineations are not identified and
183	approved pursuant to the permit issued under rules adopted under
184	this part, delineations within the geographical area to which
185	the permit applies shall be determined under the rules
186	applicable at the time the permit was issued, notwithstanding
187	the changes to rule 62-340.450(3), Florida Administrative Code,
188	as described in this subsection. This paragraph also applies to
189	any modification of the permit issued under rules adopted
190	pursuant to this part, which does not constitute a substantial
191	modification, within the geographical area to which the permit
192	applies.
193	(d)  Any declaratory statement issued by the department
194	under s. 403.914, Florida Statutes, 1984 Supplement, as amended,
195	pursuant to rules adopted thereunder, or by the department or a
196	water management district under s. 373.421, in response to a
197	petition filed on or before the effective date of the alignment
198	of the state and federal jurisdictional methodologies, shall
199	continue to be valid for the duration of the declaratory
200	statement. Any such petition pending on or before the effective
201	date of the alignment of the state and federal jurisdictional
202	methodologies is exempt from the changes to rule 62-340.450(3),
203	Florida Administrative Code, as described in this subsection,
204	and is subject to the provisions of chapter 62-340, Florida
205	Administrative Code, in effect before the change. Activities
206	proposed within the boundaries of a valid declaratory statement
207	issued pursuant to a petition submitted to the department or the
208	relevant water management district on or before the effective
209	date of the alignment of the state and federal jurisdictional
210	methodologies, or a revalidated jurisdictional determination
211	prior to its expiration, shall continue thereafter to be exempt
212	from the changes to rule 62-340.450(3), Florida Administrative
213	Code, as described in this subsection.
214	(e)  A permit application under this part for dredging and
215	filling or other activity which is pending on or before the
216	effective date of the alignment of the state and federal
217	jurisdictional methodologies is exempt from the changes to rule
218	62-340.450(3), Florida Administrative Code, as described in this
219	subsection.
220	(f)  Activities associated with mining operations as
221	defined by and subject to ss. 378.201-378.212 and 378.701-
222	378.703 and included in a conceptual reclamation plan or
223	modification application submitted on or before the effective
224	date of the alignment of the state and federal jurisdictional
225	methodologies are exempt from changes to rule 62-340.450(3),
226	Florida Administrative Code, as described in this subsection.
227
228
229	========= T I T L E  A M E N D M E N T =========
230	On page 1, remove line 12, and insert:
231	include; amending s. 373.4144, F.S.; providing legislative
232	intent relating to coordinating activities among the
233	Department of Environmental Protection and specified
234	federal agencies; requiring the department and the water
235	management districts to implement a voluntary statewide
236	general permit for certain wetlands and surface waters;
237	detailing conditions applicable for statewide general
238	permits; requiring a local government to consider
239	mitigation proposed by the applicant when granting or
240	denying a development permit for wetland construction;
241	providing conditions; amending s. 373.4211, F.S.;
242	ratifying certain rules in the Florida Administrative Code
243	relating to surface water and wetland delineations;
244	providing for application to existing permits; providing
245	exemptions for certain specified activities; providing an
246	effective date.

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