Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 7163, 1st Eng.
                        Barcode 751060
                            CHAMBER ACTION
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       05/04/2006 10:58 AM         .                    
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11  Senator Clary moved the following amendment:
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13         Senate Amendment 
14         Lines 50 through 146, delete those lines
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16  and insert:  
17         (a)  Jointly develop rules to regulate the
18  construction, operation, alteration, maintenance, abandonment,
19  and removal of stormwater management systems. The department
20  shall adopt the rules by January 1, 2007. The district may
21  implement the department's rules without adoption pursuant to
22  s. 120.54. Until the rules for stormwater management systems
23  take effect, chapter 62-25 Chapter 17-25, Florida
24  Administrative Code, shall remain in full force and effect,
25  and shall be implemented by the department. Notwithstanding
26  the provisions of this section, chapter 62-25 17-25, Florida
27  Administrative Code, may be amended by the department as
28  necessary to comply with any requirements of state or federal
29  laws or regulations, or any condition imposed by a federal
30  program, or as a requirement for receipt of federal grant
31  funds. The intent of these rules is to modify the stormwater
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    3:45 PM   05/01/06                              h7163.04ep.002

Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7163, 1st Eng. Barcode 751060 1 rules to improve water quality and flood protection. This 2 objective may be accomplished by applying comparable measures 3 and criteria adopted by the other water management districts 4 which are appropriate considering the differing physical and 5 natural character of the area. 6 (b) Jointly develop rules for the management and 7 storage of surface waters under this part. The department 8 shall adopt the rules by January 1, 2008. The district may 9 implement the department's rules without adoption pursuant to 10 s. 120.54. Until the rules for the management and storage of 11 surface waters under this part take effect, rules adopted 12 pursuant to the authority of ss. 403.91-403.929, 1984 13 Supplement to the Florida Statutes 1983, as amended, in effect 14 prior to July 1, 1994, shall remain in full force and effect, 15 and shall be implemented by the department. However, the 16 department is authorized to establish additional exemptions 17 and general permits for dredging and filling, if such 18 exemptions or general permits do not allow significant adverse 19 impacts to occur individually or cumulatively. However, for 20 the purpose of chapter 62-312 17-312, Florida Administrative 21 Code, the landward extent of surface waters of the state 22 identified in rule 62-312.030(2) 17-312.030(2), Florida 23 Administrative Code, shall be determined in accordance with 24 the methodology in rules 62-340.100 through 62-340.600 25 17-340.100 through 17-340.600, Florida Administrative Code, as 26 ratified in s. 373.4211, upon the effective date of such 27 ratified methodology. In implementing s. 373.421(2), the 28 department shall determine the extent of those surface waters 29 and wetlands within the regulatory authority of the department 30 as described in this paragraph. At the request of the 31 petitioner, the department shall also determine the extent of 2 3:45 PM 05/01/06 h7163.04ep.002
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7163, 1st Eng. Barcode 751060 1 surface waters and wetlands that which can be delineated by 2 the methodology ratified in s. 373.4211, but that which are 3 not subject to the regulatory authority of the department as 4 described in this paragraph. The intent of these rules is to 5 preserve property interests while improving the management and 6 storage of surface waters. The scope of these rules must 7 recognize the historically rural nature, current development 8 trends, and the abundant natural resources of the district, 9 and the permitting thresholds and requirements must reflect 10 this distinction. 11 (c) Pursue streamlining of the federal and state 12 wetland permitting programs pursuant to ss. 373.4143 and 13 373.4144. 14 (d) Implement, to the maximum extent possible, 15 streamlining measures, including electronic permitting, field 16 permitting, and certification programs for activities having 17 minimal individual or cumulative impact, informal wetland 18 determinations, and other similar measures. 19 (2)(c) The department may implement chapter 40A-4, 20 Florida Administrative Code, in effect prior to July 1, 1994, 21 pursuant to an interagency agreement with the Northwest 22 Florida Water Management District adopted under s. 373.046(4). 23 (3) The rules adopted under subsection (1), as 24 applicable, shall: 25 (a) Incorporate the exemptions in ss. 373.406 and 26 403.813(2). 27 (b) Incorporate the provisions of rule 28 62-341.475(1)(f), Florida Administrative Code, applicable to 29 single-family homes located entirely or partially within 30 wholly owned, isolated wetlands. 31 (c) Exempt from the notice and permitting requirements 3 3:45 PM 05/01/06 h7163.04ep.002
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7163, 1st Eng. Barcode 751060 1 of this part the construction or private use of a 2 single-family dwelling unit, duplex, triplex, or quadruplex 3 that: 4 1. Is not part of a larger common plan of development 5 or sale proposed by the applicant. 6 2. Does not involve wetlands or other surface waters. 7 (d) At a minimum and taking into consideration the 8 physical and natural character of the area, incorporate the 9 exemptions and general permits under this part in effect 10 elsewhere in the state. These rules shall provide an exemption 11 for the repair, stabilization, or paving of county maintained 12 roads existing on or before January 1, 2002, and the repair or 13 replacement of bridges that are part of the roadway consistent 14 with s. 403.813(2)(t), notwithstanding s. 403.813(2)(t)7., 15 which requires adoption of a general permit applicable within 16 the Northwest Florida Water Management District and the repeal 17 of such exemption upon the adoption of a general permit. 18 (e) Exempt from the rule criteria under paragraph 19 (1)(b) the alteration of wholly owned, artificially created 20 surface waters created entirely from uplands that do not 21 connect to waters of the state, except for those created for 22 the purpose of providing mitigation under this part. 23 24 25 26 27 28 29 30 31 4 3:45 PM 05/01/06 h7163.04ep.002