Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7163, 1st Eng.
Barcode 751060
CHAMBER ACTION
Senate House
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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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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
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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
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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.
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