Senate Bill sb2054c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
By the Committees on Communications and Public Utilities; and
Environmental Preservation and Conservation
579-2437-07
1 A bill to be entitled
2 An act relating to the Department of
3 Environmental Protection; amending s. 258.007,
4 F.S.; deleting a penalty for a rule violation;
5 creating s. 258.008, F.S.; creating penalties
6 for the violation of rules adopted under ch.
7 258, F.S., and for specified activities within
8 the boundaries of a state park; providing for
9 fines to be deposited into the State Park Trust
10 Fund; providing for court costs under certain
11 circumstances; amending s. 316.212, F.S.;
12 allowing the operation of golf carts on roads
13 within the state park system under certain
14 conditions; amending s. 373.4142, F.S.;
15 providing statewide consistency for water
16 quality standards in the Northwest Florida
17 Water Management District; amending s. 373.414,
18 F.S.; providing that certain variance
19 provisions apply in the Northwest Florida Water
20 Management District; amending s. 373.4211,
21 F.S.; ratifying the wetland rule and amending
22 it to include certain plant species approved by
23 the Environmental Regulation Commission;
24 providing for delay of the ratification until
25 certain conditions are met; amending s.
26 403.031, F.S.; conforming the definition of the
27 term "regulated air pollutant" to changes made
28 in the federal Clean Air Act; amending s.
29 403.067, F.S.; providing for the trading of
30 water quality credits in the total maximum
31 daily load program in areas that have adopted a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 basin action plan; providing for rules and
2 specifying what the rules must address;
3 amending s. 403.0872, F.S.; conforming the
4 requirements for air operation permits to
5 changes made to Title V of the Clean Air Act to
6 delete certain minor sources from the Title V
7 permitting requirements; amending s. 403.088,
8 F.S.; providing for the revision of water
9 pollution operation permits; amending s.
10 403.50663, F.S.; clarifying certain notice
11 requirements; amending s. 403.50665, F.S.;
12 providing for a local government to issue a
13 statement of inconsistency with existing land
14 use plans and zoning ordinances due to
15 incompleteness of information necessary for an
16 evaluation; amending s. 403.508, F.S.;
17 clarifying certain hearing requirements for
18 land use and certification hearings; amending
19 s. 403.509, F.S.; clarifying certain provisions
20 relating to certifications issued by the
21 Department of Environmental Protection;
22 amending s. 403.5113, F.S.; providing technical
23 corrections to provisions requiring
24 postcertification amendments and review;
25 amending s. 403.5115, F.S.; clarifying certain
26 public-notice requirements; amending s.
27 403.5252, F.S.; clarifying provisions relating
28 to the determination of completeness of an
29 application for an electric transmission line;
30 amending s. 403.527, F.S.; clarifying the time
31 under which the department or the applicant may
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 request the cancellation of a certification
2 hearing for a proposed transmission line;
3 amending s. 403.5271, F.S.; clarifying the
4 responsibilities of reviewing agencies to
5 review the completeness of an application;
6 amending s. 403.5317, F.S.; clarifying the
7 provisions relating to a change in the
8 condition of a certification; amending s.
9 403.5363, F.S.; providing that notice of a
10 cancellation of a certification hearing must be
11 within a certain time; amending s. 376.30715,
12 F.S.; defining the term "acquired" for purposes
13 of transfers of certain property; repealing ch.
14 325, F.S., consisting of ss. 325.2055, 325.221,
15 325.222, and 325.223, F.S., relating to motor
16 vehicle air conditioning refrigerants;
17 repealing s. 403.0875, F.S., relating to citrus
18 juice processing facilities; amending s.
19 373.459, F.S.; repealing a provision that
20 repealed a subsection concerning financial
21 match requirements and certain expenditure
22 limitations for surface water protection
23 programs; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (2) of section 258.007, Florida
28 Statutes, is amended to read:
29 258.007 Powers of division.--
30 (2) The division has authority to adopt rules pursuant
31 to ss. 120.536(1) and 120.54 to implement provisions of law
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 conferring duties on it, and to impose penalties for the
2 violation of any rule authorized by this section shall be a
3 misdemeanor and punishable accordingly.
4 Section 2. Section 258.008, Florida Statutes, is
5 created to read:
6 258.008 Prohibited activities; penalties.--
7 (1) Except as provided in subsection (3), any person
8 who violates or otherwise fails to comply with the rules
9 adopted under this chapter commits a noncriminal infraction
10 for which ejection from all property managed by the Division
11 of Recreation and Parks and a fine of up to $1,000 may be
12 imposed by the division.
13 (2) In addition to penalties imposed under subsection
14 (1), any person who fails to sign a citation given under
15 subsection (1), fails to appear in court in response to such
16 citation, or fails to comply with the court's order commits a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083.
19 (3) Any person who engages in any of the following
20 activities within the boundaries of a state park without first
21 obtaining the express permission of the Division of Recreation
22 and Parks commits a misdemeanor of the second degree,
23 punishable as provided in s. 775.082 or s. 775.083, and shall
24 be ejected from all property managed by the division:
25 (a) Cutting, carving, injuring, mutilating, moving,
26 displacing, or breaking off any water-bottom formation or
27 coral;
28 (b) Capturing, trapping, injuring, or harassing a wild
29 animal;
30 (c) Collecting plant or animal specimens;
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (d) Leaving the designated public roads in a vehicle;
2 or
3 (e) Hunting.
4 (4) Fines paid under this section shall be paid to the
5 Department of Environmental Protection and deposited in the
6 State Park Trust Fund. If a person who receives a citation
7 elects to defend himself or herself in court, the county small
8 claims court for the county in which the violation occurred
9 shall have jurisdiction. Court costs shall be determined by
10 and paid to the court as ordered by the court. A person who
11 receives a citation but fails to pay the fine, sign and accept
12 a citation, appear in court, or comply with the court's order
13 may not enter any state park property until he or she has paid
14 the fine, complied with the procedure, or complied with the
15 order. The department may establish by rule the procedures for
16 giving a citation, giving a notice of appearance in court,
17 payment of fines, and listing of persons ejected from state
18 parks; the amounts of fines for civil infractions up to
19 $1,000; definitions; time limits and deadlines; and any other
20 matter necessary to implement this section.
21 Section 3. Section 316.212, Florida Statutes, is
22 amended to read:
23 316.212 Operation of golf carts on certain
24 roadways.--The operation of a golf cart upon the public roads
25 or streets of this state is prohibited except as provided
26 herein:
27 (1) A golf cart may be operated only upon a county
28 road that has been designated by a county, or a municipal
29 street that has been designated by a municipality, for use by
30 golf carts. Prior to making such a designation, the
31 responsible local governmental entity must first determine
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 that golf carts may safely travel on or cross the public road
2 or street, considering factors including the speed, volume,
3 and character of motor vehicle traffic using the road or
4 street. Upon a determination that golf carts may be safely
5 operated on a designated road or street, the responsible
6 governmental entity shall post appropriate signs to indicate
7 that such operation is allowed.
8 (2) A golf cart may be operated on a part of the State
9 Highway System only under the following conditions:
10 (a) To cross a portion of the State Highway System
11 which intersects a county road or municipal street that has
12 been designated for use by golf carts if the Department of
13 Transportation has reviewed and approved the location and
14 design of the crossing and any traffic control devices needed
15 for safety purposes.
16 (b) To cross, at midblock, a part of the State Highway
17 System where a golf course is constructed on both sides of the
18 highway if the Department of Transportation has reviewed and
19 approved the location and design of the crossing and any
20 traffic control devices needed for safety purposes.
21 (c) A golf cart may be operated on a state road that
22 has been designated for transfer to a local government unit
23 pursuant to s. 335.0415 if the Department of Transportation
24 determines that the operation of a golf cart within the
25 right-of-way of the road will not impede the safe and
26 efficient flow of motor vehicular traffic. The department may
27 authorize the operation of golf carts on such a road if:
28 1. The road is the only available public road along
29 which golf carts may travel or cross or the road provides the
30 safest travel route among alternative routes available; and
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 2. The speed, volume, and character of motor vehicular
2 traffic using the road is considered in making such a
3 determination.
4
5 Upon its determination that golf carts may be operated on a
6 given road, the department shall post appropriate signs on the
7 road to indicate that such operation is allowed.
8 (3) Any other provision of this section to the
9 contrary notwithstanding, a golf cart may be operated for the
10 purpose of crossing a street or highway where a single mobile
11 home park is located on both sides of the street or highway
12 and is divided by that street or highway, provided that the
13 governmental entity having original jurisdiction over such
14 street or highway shall review and approve the location of the
15 crossing and require implementation of any traffic controls
16 needed for safety purposes. This subsection shall apply only
17 to residents or guests of the mobile home park. Any other
18 provision of law to the contrary notwithstanding, if notice is
19 posted at the entrance and exit to any mobile home park that
20 residents of the park utilize golf carts or electric vehicles
21 within the confines of the park it shall not be necessary that
22 the park have a gate or other device at the entrance and exit
23 in order for such golf carts or electric vehicles to be
24 lawfully operated in the park.
25 (4) Notwithstanding any other provisions of this
26 section, a golf cart may be operated on a road that is part of
27 the State Park Road System and where the posted speed limit is
28 35 miles per hour or less, and where not otherwise prohibited
29 by the Division of Recreation and Parks of the Department of
30 Environmental Protection.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (5)(4) A golf cart may be operated only during the
2 hours between sunrise and sunset, unless the responsible
3 governmental entity has determined that a golf cart may be
4 operated during the hours between sunset and sunrise and the
5 golf cart is equipped with headlights, brake lights, turn
6 signals, and a windshield.
7 (6)(5) A golf cart must be equipped with efficient
8 brakes, reliable steering apparatus, safe tires, a rearview
9 mirror, and red reflectorized warning devices in both the
10 front and rear.
11 (7)(6) A golf cart may not be operated on public roads
12 or streets by any person under the age of 14.
13 (8)(7) A local governmental entity may enact an
14 ordinance regarding golf cart operation and equipment which is
15 more restrictive than those enumerated in this section. Upon
16 enactment of any such ordinance, the local governmental entity
17 shall post appropriate signs or otherwise inform the residents
18 that such an ordinance exists and that it shall be enforced
19 within the local government's jurisdictional territory. An
20 ordinance referred to in this section must apply only to an
21 unlicensed driver.
22 (9)(8) A violation of this section is a noncriminal
23 traffic infraction, punishable pursuant to chapter 318 as a
24 moving violation for infractions of subsection (1), subsection
25 (2), subsection (3), subsection (5) (4), or a local ordinance
26 corresponding thereto and enacted pursuant to subsection (8)
27 (7), or punishable pursuant to chapter 318 as a nonmoving
28 violation for infractions of subsection (6) (5), subsection
29 (7) (6), or a local ordinance corresponding thereto and
30 enacted pursuant to subsection (8) (7).
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 Section 4. Section 373.4142, Florida Statutes, is
2 amended to read:
3 373.4142 Water quality within stormwater treatment
4 systems.--State surface water quality standards applicable to
5 waters of the state, as defined in s. 403.031(13), shall not
6 apply within a stormwater management system which is designed,
7 constructed, operated, and maintained for stormwater treatment
8 in accordance with a valid permit or noticed exemption issued
9 pursuant to chapter 62-25 17-25, Florida Administrative Code;
10 a valid permit or exemption under s. 373.4145 within the
11 Northwest Florida Water Management District; a valid permit
12 issued on or subsequent to April 1, 1986, within the Suwannee
13 River Water Management District or the St. Johns River Water
14 Management District pursuant to this part; a valid permit
15 issued on or subsequent to March 1, 1988, within the Southwest
16 Florida Water Management District pursuant to this part; or a
17 valid permit issued on or subsequent to January 6, 1982,
18 within the South Florida Water Management District pursuant to
19 this part. Such inapplicability of state water quality
20 standards shall be limited to that part of the stormwater
21 management system located upstream of a manmade water control
22 structure permitted, or approved under a noticed exemption, to
23 retain or detain stormwater runoff in order to provide
24 treatment of the stormwater. The additional use of such a
25 stormwater management system for flood attenuation or
26 irrigation shall not divest the system of the benefits of this
27 exemption. This section shall not affect the authority of the
28 department and water management districts to require
29 reasonable assurance that the water quality within such
30 stormwater management systems will not adversely impact public
31 health, fish and wildlife, or adjacent waters.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 Section 5. Subsection (17) of section 373.414, Florida
2 Statutes, is amended to read:
3 373.414 Additional criteria for activities in surface
4 waters and wetlands.--
5 (17) The variance provisions of s. 403.201 are
6 applicable to the provisions of this section or any rule
7 adopted pursuant hereto. The governing boards and the
8 department are authorized to review and take final agency
9 action on petitions requesting such variances for those
10 activities they regulate under this part and s. 373.4145.
11 Section 6. Subsection (27) is added to section
12 373.4211, Florida Statutes, to read:
13 373.4211 Ratification of chapter 17-340, Florida
14 Administrative Code, on the delineation of the landward extent
15 of wetlands and surface waters.--Pursuant to s. 373.421, the
16 Legislature ratifies chapter 17-340, Florida Administrative
17 Code, approved on January 13, 1994, by the Environmental
18 Regulation Commission, with the following changes:
19 (27) Pursuant to s. 373.421 and subsection (26), the
20 Legislature ratifies amendments to chapter 62-340, Florida
21 Administrative Code, approved on February 23, 2006, by the
22 Environmental Regulation Commission. Rule 62-340.450(3)
23 Facultative Species is amended by the addition of the
24 following plant species: Ilex glabra and Pinus elliottii.
25 However, this ratification and rule revision does not take
26 effect until state and federal wetland jurisdiction
27 delineation methodologies are aligned.
28 Section 7. Subsection (19) of section 403.031, Florida
29 Statutes, is amended to read:
30 403.031 Definitions.--In construing this chapter, or
31 rules and regulations adopted pursuant hereto, the following
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 words, phrases, or terms, unless the context otherwise
2 indicates, have the following meanings:
3 (19) "Regulated air pollutant" means any pollutant
4 regulated under the federal Clean Air Act.:
5 (a) Nitrogen oxides or any volatile organic compound;
6 (b) Any pollutant regulated under 42 U.S.C. s. 7411 or
7 s. 7412; or
8 (c) Any pollutant for which a national primary ambient
9 air quality standard has been adopted.
10 Section 8. Subsections (7) and (8) of section 403.067,
11 Florida Statutes, are amended to read:
12 403.067 Establishment and implementation of total
13 maximum daily loads.--
14 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
15 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
16 (a) Basin management action plans.--
17 1. In developing and implementing the total maximum
18 daily load for a water body, the department, or the department
19 in conjunction with a water management district, may develop a
20 basin management action plan that addresses some or all of the
21 watersheds and basins tributary to the water body. Such a plan
22 must shall integrate the appropriate management strategies
23 available to the state through existing water quality
24 protection programs to achieve the total maximum daily loads
25 and may provide for phased implementation of these management
26 strategies to promote timely, cost-effective actions as
27 provided for in s. 403.151. The plan must shall establish a
28 schedule for implementing the management strategies, establish
29 a basis for evaluating the plan's effectiveness, and identify
30 feasible funding strategies for implementing the plan's
31 management strategies. The management strategies may include
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 regional treatment systems or other public works, where
2 appropriate, and voluntary trading of water quality credits in
3 areas that have adopted a basin management action plan to
4 achieve the needed pollutant load reductions.
5 2. A basin management action plan must shall equitably
6 allocate, pursuant to paragraph (6)(b), pollutant reductions
7 to individual basins, as a whole to all basins, or to each
8 identified point source or category of nonpoint sources, as
9 appropriate. For nonpoint sources for which best management
10 practices have been adopted, the initial requirement specified
11 by the plan must shall be those practices developed pursuant
12 to paragraph (c). In accordance with procedures adopted by
13 rule under paragraph (8)(c), the plan must allow point or
14 nonpoint sources that will achieve greater pollutant
15 reductions than required by an adopted total maximum load or
16 wasteload allocation to generate, register, and trade water
17 quality credits for the excess reductions to enable other
18 sources to achieve their allocation if the generation of water
19 quality credits does not remove the obligation of a source or
20 activity to meet applicable technology requirements or adopted
21 best-management practices. The plan must allow trading between
22 NPDES permittees and trading that may or may not involve NPDES
23 permittees, where the generation or use of the credits involve
24 an entity or activity not subject to department water
25 discharge permits whose owner voluntarily elects to become
26 subject to the requirements of this section. Where
27 appropriate, the plan may take into account the benefits of
28 provide pollutant load reduction achieved by point or nonpoint
29 sources credits to dischargers that have implemented
30 management strategies to reduce pollutant loads, including
31 best management practices, prior to the development of the
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 basin management action plan. The plan must shall also
2 identify the mechanisms that will address by which potential
3 future increases in pollutant loading will be addressed.
4 3. The basin management action planning process is
5 intended to involve the broadest possible range of interested
6 parties, with the objective of encouraging the greatest amount
7 of cooperation and consensus possible. In developing a basin
8 management action plan, the department shall assure that key
9 stakeholders, including, but not limited to, applicable local
10 governments, water management districts, the Department of
11 Agriculture and Consumer Services, other appropriate state
12 agencies, local soil and water conservation districts,
13 environmental groups, regulated interests, and affected
14 pollution sources, are invited to participate in the process.
15 The department shall hold at least one public meeting in the
16 vicinity of the watershed or basin to discuss and receive
17 comments during the planning process and shall otherwise
18 encourage public participation to the greatest practicable
19 extent. Notice of the public meeting must shall be published
20 in a newspaper of general circulation in each county in which
21 the watershed or basin lies not less than 5 days nor more than
22 15 days before the public meeting. A basin management action
23 plan may shall not supplant or otherwise alter any assessment
24 made under subsection (3) or subsection (4) or any calculation
25 or initial allocation.
26 4. The department shall adopt all or any part of a
27 basin management action plan and any amendment to such plan by
28 secretarial order pursuant to chapter 120 to implement the
29 provisions of this section.
30 5. The basin management action plan must shall include
31 milestones for implementation and water quality improvement,
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 and an associated water quality monitoring component
2 sufficient to evaluate whether reasonable progress in
3 pollutant load reductions is being achieved over time. An
4 assessment of progress toward these milestones must shall be
5 conducted every 5 years, and revisions to the plan must shall
6 be made as appropriate. Revisions to the basin management
7 action plan shall be made by the department in cooperation
8 with basin stakeholders. Revisions to the management
9 strategies required for nonpoint sources must shall follow the
10 procedures set forth in subparagraph (c)4. Revised basin
11 management action plans must shall be adopted pursuant to
12 subparagraph 4.
13 6. The provisions of the department's rule relating to
14 the equitable abatement of pollutants into surface waters may
15 not be applied to water bodies or water body segments for
16 which a basin management plan that takes into account future
17 new or expanded activities or discharges has been adopted
18 pursuant to this section.
19 (b) Total maximum daily load implementation.--
20 1. The department shall be the lead agency in
21 coordinating the implementation of the total maximum daily
22 loads through existing water quality protection programs.
23 Application of a total maximum daily load by a water
24 management district must shall be consistent with this section
25 and may shall not require the issuance of an order or a
26 separate action pursuant to s. 120.536(1) or s. 120.54 for the
27 adoption of the calculation and allocation previously
28 established by the department. Such programs may include, but
29 are not limited to:
30 a. Permitting and other existing regulatory programs,
31 including water-quality-based effluent limitations;
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 b. Nonregulatory and incentive-based programs,
2 including best management practices, cost sharing, waste
3 minimization, pollution prevention, agreements established
4 pursuant to s. 403.061(21), and public education;
5 c. Other water quality management and restoration
6 activities, for example surface water improvement and
7 management plans approved by water management districts or
8 basin management action plans developed pursuant to this
9 subsection;
10 d. Trading of water quality credits Pollutant trading
11 or other equitable economically based agreements;
12 e. Public works including capital facilities; or
13 f. Land acquisition.
14 2. For a basin management action plan adopted pursuant
15 to paragraph (a) subparagraph (a)4., any management strategies
16 and pollutant reduction requirements associated with a
17 pollutant of concern for which a total maximum daily load has
18 been developed, including effluent limits set forth for a
19 discharger subject to NPDES permitting, if any, must shall be
20 included in a timely manner in subsequent NPDES permits or
21 permit modifications for that discharger. The department may
22 shall not impose limits or conditions implementing an adopted
23 total maximum daily load in an NPDES permit until the permit
24 expires, the discharge is modified, or the permit is reopened
25 pursuant to an adopted basin management action plan.
26 a. Absent a detailed allocation, total maximum daily
27 loads must shall be implemented through NPDES permit
28 conditions that provide for afford a compliance schedule. In
29 such instances, a facility's NPDES permit must shall allow
30 time for the issuance of an order adopting the basin
31 management action plan. The time allowed for the issuance of
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 an order adopting the plan must shall not exceed 5 years. Upon
2 issuance of an order adopting the plan, the permit must shall
3 be reopened, as necessary, and permit conditions consistent
4 with the plan must shall be established. Notwithstanding the
5 other provisions of this subparagraph, upon request by a NPDES
6 permittee, the department as part of a permit issuance,
7 renewal, or modification may establish individual allocations
8 prior to the adoption of a basin management action plan.
9 b. For holders of NPDES municipal separate storm sewer
10 system permits and other stormwater sources, implementation of
11 a total maximum daily load or basin management action plan
12 must shall be achieved, to the maximum extent practicable,
13 through the use of best management practices or other
14 management measures.
15 c. The basin management action plan does not relieve
16 the discharger from any requirement to obtain, renew, or
17 modify an NPDES permit or to abide by other requirements of
18 the permit.
19 d. Management strategies set forth in a basin
20 management action plan to be implemented by a discharger
21 subject to permitting by the department must shall be
22 completed pursuant to the schedule set forth in the basin
23 management action plan. This implementation schedule may
24 extend beyond the 5-year term of an NPDES permit.
25 e. Management strategies and pollution reduction
26 requirements set forth in a basin management action plan for a
27 specific pollutant of concern may shall not be subject to
28 challenge under chapter 120 at the time they are incorporated,
29 in an identical form, into a subsequent NPDES permit or permit
30 modification.
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 f. For nonagricultural pollutant sources not subject
2 to NPDES permitting but permitted pursuant to other state,
3 regional, or local water quality programs, the pollutant
4 reduction actions adopted in a basin management action plan
5 must shall be implemented to the maximum extent practicable as
6 part of those permitting programs.
7 g. A nonpoint source discharger included in a basin
8 management action plan must shall demonstrate compliance with
9 the pollutant reductions established under pursuant to
10 subsection (6) by either implementing the appropriate best
11 management practices established pursuant to paragraph (c) or
12 conducting water quality monitoring prescribed by the
13 department or a water management district.
14 h. A nonpoint source discharger included in a basin
15 management action plan may be subject to enforcement action by
16 the department or a water management district based upon a
17 failure to implement the responsibilities set forth in
18 sub-subparagraph g.
19 i. A landowner, discharger, or other responsible
20 person who is implementing applicable management strategies
21 specified in an adopted basin management action plan may shall
22 not be required by permit, enforcement action, or otherwise to
23 implement additional management strategies to reduce pollutant
24 loads to attain the pollutant reductions established pursuant
25 to subsection (6) and must shall be deemed to be in compliance
26 with this section. This subparagraph does not limit the
27 authority of the department to amend a basin management action
28 plan as specified in subparagraph (a)5.
29 (c) Best management practices.--
30 1. The department, in cooperation with the water
31 management districts and other interested parties, as
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 appropriate, may develop suitable interim measures, best
2 management practices, or other measures necessary to achieve
3 the level of pollution reduction established by the department
4 for nonagricultural nonpoint pollutant sources in allocations
5 developed pursuant to subsection (6) and this subsection.
6 These practices and measures may be adopted by rule by the
7 department and the water management districts pursuant to ss.
8 120.536(1) and 120.54, and, where adopted by rule, shall be
9 implemented by those parties responsible for nonagricultural
10 nonpoint source pollution.
11 2. The Department of Agriculture and Consumer Services
12 may develop and adopt by rule pursuant to ss. 120.536(1) and
13 120.54 suitable interim measures, best management practices,
14 or other measures necessary to achieve the level of pollution
15 reduction established by the department for agricultural
16 pollutant sources in allocations developed pursuant to
17 subsection (6) and this subsection or for programs implemented
18 pursuant to paragraph (11)(b). These practices and measures
19 may be implemented by those parties responsible for
20 agricultural pollutant sources and the department, the water
21 management districts, and the Department of Agriculture and
22 Consumer Services must shall assist with implementation. In
23 the process of developing and adopting rules for interim
24 measures, best management practices, or other measures, the
25 Department of Agriculture and Consumer Services shall consult
26 with the department, the Department of Health, the water
27 management districts, representatives from affected farming
28 groups, and environmental group representatives. Such rules
29 must shall also incorporate provisions for a notice of intent
30 to implement the practices and a system to assure the
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 implementation of the practices, including recordkeeping
2 requirements.
3 3. Where interim measures, best management practices,
4 or other measures are adopted by rule, the effectiveness of
5 such practices in achieving the levels of pollution reduction
6 established in allocations developed by the department
7 pursuant to subsection (6) and this subsection or in programs
8 implemented pursuant to paragraph (11)(b) must shall be
9 verified at representative sites by the department. The
10 department must shall use best professional judgment in making
11 the initial verification that the best management practices
12 are reasonably expected to be effective and, where applicable,
13 must shall notify the appropriate water management district or
14 the Department of Agriculture and Consumer Services of its
15 initial verification prior to the adoption of a rule proposed
16 pursuant to this paragraph. Implementation, in accordance with
17 rules adopted under this paragraph, of practices that have
18 been initially verified to be effective, or verified to be
19 effective by monitoring at representative sites, by the
20 department, shall provide a presumption of compliance with
21 state water quality standards and release from the provisions
22 of s. 376.307(5) for those pollutants addressed by the
23 practices, and the department is not authorized to institute
24 proceedings against the owner of the source of pollution to
25 recover costs or damages associated with the contamination of
26 surface water or groundwater caused by those pollutants.
27 Research projects funded by the department, a water management
28 district, or the Department of Agriculture and Consumer
29 Services to develop or demonstrate interim measures or best
30 management practices shall be granted a presumption of
31 compliance with state water quality standards and a release
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 from the provisions of s. 376.307(5). The presumption of
2 compliance and release is shall be limited to the research
3 site and only for those pollutants addressed by the interim
4 measures or best management practices. Eligibility for the
5 presumption of compliance and release is shall be limited to
6 research projects on sites where the owner or operator of the
7 research site and the department, a water management district,
8 or the Department of Agriculture and Consumer Services have
9 entered into a contract or other agreement that, at a minimum,
10 specifies the research objectives, the cost-share
11 responsibilities of the parties, and a schedule that details
12 the beginning and ending dates of the project.
13 4. Where water quality problems are demonstrated,
14 despite the appropriate implementation, operation, and
15 maintenance of best management practices and other measures
16 required by according to rules adopted under this paragraph,
17 the department, a water management district, or the Department
18 of Agriculture and Consumer Services, in consultation with the
19 department, shall institute a reevaluation of the best
20 management practice or other measure. Should the reevaluation
21 determine that the best management practice or other measure
22 requires modification, the department, a water management
23 district, or the Department of Agriculture and Consumer
24 Services, as appropriate, shall revise the rule to require
25 implementation of the modified practice within a reasonable
26 time period as specified in the rule.
27 5. Agricultural records relating to processes or
28 methods of production, costs of production, profits, or other
29 financial information held by the Department of Agriculture
30 and Consumer Services pursuant to subparagraphs 3. and 4. or
31 pursuant to any rule adopted pursuant to subparagraph 2. are
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2 of the State Constitution. Upon request, records made
3 confidential and exempt pursuant to this subparagraph shall be
4 released to the department or any water management district if
5 provided that the confidentiality specified by this
6 subparagraph for such records is maintained.
7 6. The provisions of subparagraphs 1. and 2. do shall
8 not preclude the department or water management district from
9 requiring compliance with water quality standards or with
10 current best management practice requirements set forth in any
11 applicable regulatory program authorized by law to protect for
12 the purpose of protecting water quality. Additionally,
13 subparagraphs 1. and 2. are applicable only to the extent that
14 they do not conflict with any rules adopted by the department
15 which that are necessary to maintain a federally delegated or
16 approved program.
17 (8) RULES.--The department is authorized to adopt
18 rules pursuant to ss. 120.536(1) and 120.54 for:
19 (a) Delisting water bodies or water body segments from
20 the list developed under subsection (4) pursuant to the
21 guidance under subsection (5).;
22 (b) Administering Administration of funds to implement
23 the total maximum daily load and basin management action
24 planning programs.;
25 (c) Water quality credit Procedures for pollutant
26 trading among the pollutant sources to a water body or water
27 body segment. By July 1, 2007, rulemaking shall be initiated
28 which provides for the following:, including a mechanism for
29 the issuance and tracking of pollutant credits. Such
30 procedures may be implemented through permits or other
31 authorizations and must be legally binding. Prior to adopting
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 rules for pollutant trading under this paragraph, and no later
2 than November 30, 2006, the Department of Environmental
3 Protection shall submit a report to the Governor, the
4 President of the Senate, and the Speaker of the House of
5 Representatives containing recommendations on such rules,
6 including the proposed basis for equitable economically based
7 agreements and the tracking and accounting of pollution
8 credits or other similar mechanisms. Such recommendations
9 shall be developed in cooperation with a technical advisory
10 committee that includes experts in pollutant trading and
11 representatives of potentially affected parties;
12 1. The process to be used to determine how credits are
13 generated, quantified, and validated;
14 2. A publicly accessible water quality credit trading
15 registry that tracks water quality credits and trades and
16 lists the prices paid for such credits and that does not allow
17 the department to participate in the establishment of such
18 prices;
19 3. Limitations on the availability and use of water
20 quality credits, including a list of eligible pollutants or
21 parameters and minimum water quality requirements and, where
22 appropriate, adjustments to reflect best-management practice
23 performance uncertainties and water-segment-specific location
24 factors;
25 4. The timing and duration of credits and allowance
26 for credit transferability; and
27 5. Mechanisms for determining and ensuring compliance
28 with trading procedures, including recordkeeping, monitoring,
29 reporting, and inspections. Generators of traded credits are
30 responsible for achieving the load reductions upon which the
31 credits are based.
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (d) The total maximum daily load calculation in
2 accordance with paragraph (6)(a) immediately upon the
3 effective date of this act, for those eight water segments
4 within Lake Okeechobee proper as submitted to the United
5 States Environmental Protection Agency pursuant to subsection
6 (2).; and
7 (e) Implementation of other specific provisions.
8 Section 9. Subsection (1) of 403.0872, Florida
9 Statutes, is amended to read:
10 403.0872 Operation permits for major sources of air
11 pollution; annual operation license fee.--Provided that
12 program approval pursuant to 42 U.S.C. s. 7661a has been
13 received from the United States Environmental Protection
14 Agency, beginning January 2, 1995, each major source of air
15 pollution, including electrical power plants certified under
16 s. 403.511, must obtain from the department an operation
17 permit for a major source of air pollution under this section.
18 This operation permit is the only department operation permit
19 for a major source of air pollution required for such source;
20 however provided, at the applicant's request, the department
21 shall issue a separate acid rain permit for a major source of
22 air pollution that is an affected source within the meaning of
23 42 U.S.C. s. 7651a(1). Operation permits for major sources of
24 air pollution, except general permits issued pursuant to s.
25 403.814, must be issued in accordance with the procedures
26 contained in this section and in accordance with chapter 120;
27 however, to the extent that chapter 120 is inconsistent with
28 the provisions of this section, the procedures contained in
29 this section prevail.
30 (1) For purposes of this section, a major source of
31 air pollution means a stationary source of air pollution, or
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 any group of stationary sources within a contiguous area and
2 under common control, which emits any regulated air pollutant
3 and which is any of the following:
4 (a) A major source within the meaning of 42 U.S.C. s.
5 7412(a)(1);
6 (b) A major stationary source or major emitting
7 facility within the meaning of 42 U.S.C. s. 7602(j) or 42
8 U.S.C. subchapter I, part C or part D;
9 (c) An affected source within the meaning of 42 U.S.C.
10 s. 7651a(1);
11 (d) An air pollution source subject to standards or
12 regulations under 42 U.S.C. s. 7411 or s. 7412; provided that
13 a source is not a major source solely because of its
14 regulation under 42 U.S.C. s. 7412(r); or
15 (e) A stationary air pollution source belonging to a
16 category designated as a 40 C.F.R. part 70 source by
17 regulations adopted by the administrator of the United States
18 Environmental Protection Agency under 42 U.S.C. ss. 7661 et
19 seq.
20
21 The department shall exempt those facilities that are subject
22 to this section solely because they are subject to
23 requirements under 42 U.S.C. s. 7411 or s. 7412 s. 7411 or
24 solely because they are subject to reporting requirements
25 under 42 U.S.C. s. 7412 for as long as the exemption is
26 available under federal law.
27 Section 10. Paragraphs (e) and (f) of subsection (2)
28 of section 403.088, Florida Statutes, are amended to read:
29 403.088 Water pollution operation permits;
30 conditions.--
31 (2)
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (e) However, if the discharge will not meet permit
2 conditions or applicable statutes and rules, the department
3 may issue, renew, revise, or reissue the operation permit if:
4 1. The applicant is constructing, installing, or
5 placing into operation, or has submitted plans and a
6 reasonable schedule for constructing, installing, or placing
7 into operation, an approved pollution abatement facility or
8 alternative waste disposal system;
9 2. The applicant needs permission to pollute the
10 waters within the state for a period of time necessary to
11 complete research, planning, construction, installation, or
12 operation of an approved and acceptable pollution abatement
13 facility or alternative waste disposal system;
14 3. There is no present, reasonable, alternative means
15 of disposing of the waste other than by discharging it into
16 the waters of the state;
17 4. The granting of an operation permit will be in the
18 public interest; or
19 5. The discharge will not be unreasonably destructive
20 to the quality of the receiving waters; or.
21 6. A water quality credit trade that meets the
22 requirements of a total maximum daily load allocation has been
23 approved in a final order issued under s. 403.067(7)(a)1.4.
24 (f) A permit issued, renewed, revised, or reissued
25 pursuant to paragraph (e) shall be accompanied by an order
26 establishing a schedule for achieving compliance with all
27 permit conditions. Such permit may require compliance with
28 the accompanying order.
29 Section 11. Subsection (3) of section 403.50663,
30 Florida Statutes, is amended to read:
31 403.50663 Informational public meetings.--
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (3) A local government or regional planning council
2 that intends to conduct an informational public meeting must
3 provide notice of the meeting to all parties not less than 15
4 5 days prior to the meeting, and to the general public, in
5 accordance with the provisions of s. 403.5115(5).
6 Section 12. Subsection (2) of section 403.50665,
7 Florida Statutes, is amended to read:
8 403.50665 Land use consistency.--
9 (2) Within 45 days after the filing of the
10 application, each local government shall file a determination
11 with the department, the applicant, the administrative law
12 judge, and all parties on the consistency of the site or any
13 directly associated facilities with existing land use plans
14 and zoning ordinances that were in effect on the date the
15 application was filed, based on the information provided in
16 the application. The local government may issue its
17 determination up to 35 days later if the local government has
18 requested additional information on land use and zoning
19 consistency as part of the local government's statement on
20 completeness of the application submitted pursuant to s.
21 403.5066(1)(a). Incompleteness of information necessary for a
22 local government to evaluate an application may be claimed by
23 the local government as cause for a statement of inconsistency
24 with existing land use plans and zoning ordinances. Notice of
25 the consistency determination shall be published in accordance
26 with the requirements of s. 403.5115.
27 Section 13. Section 403.508, Florida Statutes, is
28 amended to read:
29 403.508 Land use and certification hearings, parties,
30 participants.--
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (1)(a) Within 5 days after the filing of If a petition
2 for a hearing on land use has been filed pursuant to s.
3 403.50665, the designated administrative law judge shall
4 schedule conduct a land use hearing to be conducted in the
5 county of the proposed site or directly associated facility,
6 as applicable, as expeditiously as possible, but not later
7 than 30 days after the department's receipt of the petition.
8 The place of such hearing shall be as close as possible to the
9 proposed site or directly associated facility. If a petition
10 is filed, the hearing shall be held regardless of the status
11 of the completeness of the application. However,
12 incompleteness of information necessary for a local government
13 to evaluate an application may be claimed by the local
14 government as cause for a statement of inconsistency with
15 existing land use plans and zoning ordinances under s.
16 403.50665.
17 (b) Notice of the land use hearing shall be published
18 in accordance with the requirements of s. 403.5115.
19 (c) The sole issue for determination at the land use
20 hearing shall be whether or not the proposed site is
21 consistent and in compliance with existing land use plans and
22 zoning ordinances. If the administrative law judge concludes
23 that the proposed site is not consistent or in compliance with
24 existing land use plans and zoning ordinances, the
25 administrative law judge shall receive at the hearing evidence
26 on, and address in the recommended order any changes to or
27 approvals or variances under, the applicable land use plans or
28 zoning ordinances which will render the proposed site
29 consistent and in compliance with the local land use plans and
30 zoning ordinances.
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (d) The designated administrative law judge's
2 recommended order shall be issued within 30 days after
3 completion of the hearing and shall be reviewed by the board
4 within 60 days after receipt of the recommended order by the
5 board.
6 (e) If it is determined by the board that the proposed
7 site does conform with existing land use plans and zoning
8 ordinances in effect as of the date of the application, or as
9 otherwise provided by this act, the responsible zoning or
10 planning authority shall not thereafter change such land use
11 plans or zoning ordinances so as to foreclose construction and
12 operation of the proposed electrical power plant on the
13 proposed site or directly associated facilities unless
14 certification is subsequently denied or withdrawn.
15 (f) If it is determined by the board that the proposed
16 site does not conform with existing land use plans and zoning
17 ordinances, the board may, if it determines after notice and
18 hearing and upon consideration of the recommended order on
19 land use and zoning issues that it is in the public interest
20 to authorize the use of the land as a site for an electrical
21 power plant, authorize a variance or other necessary approval
22 to the adopted land use plan and zoning ordinances required to
23 render the proposed site consistent with local land use plans
24 and zoning ordinances. The board's action shall not be
25 controlled by any other procedural requirements of law. In the
26 event a variance or other approval is denied by the board, it
27 shall be the responsibility of the applicant to make the
28 necessary application for any approvals determined by the
29 board as required to make the proposed site consistent and in
30 compliance with local land use plans and zoning ordinances. No
31 further action may be taken on the complete application until
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 the proposed site conforms to the adopted land use plan or
2 zoning ordinances or the board grants relief as provided under
3 this act.
4 (2)(a) A certification hearing shall be held by the
5 designated administrative law judge no later than 265 days
6 after the application is filed with the department. The
7 certification hearing shall be held at a location in proximity
8 to the proposed site. At the conclusion of the certification
9 hearing, the designated administrative law judge shall, after
10 consideration of all evidence of record, submit to the board a
11 recommended order no later than 45 days after the filing of
12 the hearing transcript.
13 (b) Notice of the certification hearing and notice of
14 the deadline for filing of notice of intent to be a party
15 shall be made in accordance with the requirements of s.
16 403.5115.
17 (3)(a) Parties to the proceeding shall include:
18 1. The applicant.
19 2. The Public Service Commission.
20 3. The Department of Community Affairs.
21 4. The Fish and Wildlife Conservation Commission.
22 5. The water management district.
23 6. The department.
24 7. The regional planning council.
25 8. The local government.
26 9. The Department of Transportation.
27 (b) Any party listed in paragraph (a) other than the
28 department or the applicant may waive its right to participate
29 in these proceedings. If such listed party fails to file a
30 notice of its intent to be a party on or before the 90th day
31
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 prior to the certification hearing, such party shall be deemed
2 to have waived its right to be a party.
3 (c) Notwithstanding the provisions of chapter 120,
4 upon the filing with the administrative law judge of a notice
5 of intent to be a party no later than 75 days after the
6 application is filed, the following shall also be parties to
7 the proceeding:
8 1. Any agency not listed in paragraph (a) as to
9 matters within its jurisdiction.
10 2. Any domestic nonprofit corporation or association
11 formed, in whole or in part, to promote conservation or
12 natural beauty; to protect the environment, personal health,
13 or other biological values; to preserve historical sites; to
14 promote consumer interests; to represent labor, commercial, or
15 industrial groups; or to promote comprehensive planning or
16 orderly development of the area in which the proposed
17 electrical power plant is to be located.
18 (d) Notwithstanding paragraph (e), failure of an
19 agency described in subparagraph (c)1. to file a notice of
20 intent to be a party within the time provided herein shall
21 constitute a waiver of the right of that agency to participate
22 as a party in the proceeding.
23 (e) Other parties may include any person, including
24 those persons enumerated in paragraph (c) who have failed to
25 timely file a notice of intent to be a party, whose
26 substantial interests are affected and being determined by the
27 proceeding and who timely file a motion to intervene pursuant
28 to chapter 120 and applicable rules. Intervention pursuant to
29 this paragraph may be granted at the discretion of the
30 designated administrative law judge and upon such conditions
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 as he or she may prescribe any time prior to 30 days before
2 the commencement of the certification hearing.
3 (f) Any agency, including those whose properties or
4 works are being affected pursuant to s. 403.509(4), shall be
5 made a party upon the request of the department or the
6 applicant.
7 (4)(a) The order of presentation at the certification
8 hearing, unless otherwise changed by the administrative law
9 judge to ensure the orderly presentation of witnesses and
10 evidence, shall be:
11 1. The applicant.
12 2. The department.
13 3. State agencies.
14 4. Regional agencies, including regional planning
15 councils and water management districts.
16 5. Local governments.
17 6. Other parties.
18 (b) When appropriate, any person may be given an
19 opportunity to present oral or written communications to the
20 designated administrative law judge. If the designated
21 administrative law judge proposes to consider such
22 communications, then all parties shall be given an opportunity
23 to cross-examine or challenge or rebut such communications.
24 (5) At the conclusion of the certification hearing,
25 the designated administrative law judge shall, after
26 consideration of all evidence of record, submit to the board a
27 recommended order no later than 45 days after the filing of
28 the hearing transcript.
29 (6)(a) No earlier than 29 days prior to the conduct of
30 the certification hearing, the department or the applicant may
31 request that the administrative law judge cancel the
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 certification hearing and relinquish jurisdiction to the
2 department if all parties to the proceeding stipulate that
3 there are no disputed issues of fact or law to be raised at
4 the certification hearing, and if sufficient time remains for
5 the applicant and the department to publish public notices of
6 the cancellation of the hearing at least 3 days prior to the
7 scheduled date of the hearing.
8 (b) The administrative law judge shall issue an order
9 granting or denying the request within 5 days after receipt of
10 the request.
11 (c) If the administrative law judge grants the
12 request, the department and the applicant shall publish
13 notices of the cancellation of the certification hearing, in
14 accordance with s. 403.5115.
15 (d)1. If the administrative law judge grants the
16 request, the department shall prepare and issue a final order
17 in accordance with s. 403.509(1)(a).
18 2. Parties may submit proposed recommended orders to
19 the department no later than 10 days after the administrative
20 law judge issues an order relinquishing jurisdiction.
21 (7) The applicant shall pay those expenses and costs
22 associated with the conduct of the hearings and the recording
23 and transcription of the proceedings.
24 (8) In issuing permits under the federally approved
25 new source review or prevention of significant deterioration
26 permit program, the department shall observe the procedures
27 specified under the federally approved state implementation
28 plan, including public notice, public comment, public hearing,
29 and notice of applications and amendments to federal, state,
30 and local agencies, to assure that all such permits issued in
31 coordination with the certification of a power plant under
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 this act are federally enforceable and are issued after
2 opportunity for informed public participation regarding the
3 terms and conditions thereof. When possible, any hearing on a
4 federally approved or delegated program permit such as new
5 source review, prevention of significant deterioration permit,
6 or NPDES permit shall be conducted in conjunction with the
7 certification hearing held under this act. It is the intent of
8 the Legislature that the review, processing, and issuance of
9 such federally delegated or approved permits be closely
10 coordinated with the certification process established under
11 this part. In the event of a conflict between the
12 certification process and federally required procedures, the
13 applicable federal requirements shall control.
14 Section 14. Subsection (5) of section 403.509, Florida
15 Statutes, is amended to read:
16 403.509 Final disposition of application.--
17 (5) For certifications that are issued by the board,
18 in regard to the properties and works of any agency that which
19 is a party to the certification hearing, the board shall have
20 the authority to decide issues relating to the use, the
21 connection thereto, or the crossing thereof, for the
22 electrical power plant and directly associated facilities and
23 to direct any such agency to execute, within 30 days after the
24 entry of certification, the necessary license or easement for
25 such use, connection, or crossing, subject only to the
26 conditions set forth in such certification. For certifications
27 that are issued by the department, in regard to the properties
28 and works of any agency that is a party to the proceeding, any
29 stipulation filed pursuant to s. 403.508(6)(a) must include a
30 stipulation regarding any issues relating to the use, the
31 connection thereto, or the crossing thereof, for the
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 electrical power plant and directly associated facilities. Any
2 agency stipulating to the use, connection to, or crossing of
3 its property must agree to execute, within 30 days after the
4 entry of certification, the necessary license or easement for
5 such use, connection, or crossing, subject only to the
6 conditions set forth in such certification.
7 Section 15. Section 403.5113, Florida Statutes, is
8 amended to read:
9 403.5113 Postcertification amendments and review.--
10 (1) POSTCERTIFICATION AMENDMENTS.--
11 (a) If, subsequent to certification by the board, a
12 licensee proposes any material change to the application and
13 revisions or amendments thereto, as certified, the licensee
14 shall submit a written request for amendment and a description
15 of the proposed change to the application to the department.
16 Within 30 days after the receipt of the request for the
17 amendment, the department shall determine whether the proposed
18 change to the application requires a modification of the
19 conditions of certification.
20 (b)(2) If the department concludes that the change
21 would not require a modification of the conditions of
22 certification, the department shall provide written
23 notification of the determination on approval of the proposed
24 amendment to the licensee, all agencies, and all other
25 parties.
26 (c)(3) If the department concludes that the change
27 would require a modification of the conditions of
28 certification, the department shall provide written
29 notification to the licensee that the proposed change to the
30 application requires a request for modification pursuant to s.
31 403.516.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (2)(4) POSTCERTIFICATION REVIEW.--Postcertification
2 submittals filed by the licensee with one or more agencies are
3 for the purpose of monitoring for compliance with the issued
4 certification and must be reviewed by the agencies on an
5 expedited and priority basis because each facility certified
6 under this act is a critical infrastructure facility. In no
7 event shall a postcertification review be completed in more
8 than 90 days after complete information is submitted to the
9 reviewing agencies.
10 Section 16. Section 403.5115, Florida Statutes, is
11 amended to read:
12 403.5115 Public notice.--
13 (1) The following notices are to be published by the
14 applicant:
15 (a) Notice of the filing of a notice of intent under
16 s. 403.5063, which shall be published within 21 days after the
17 filing of the notice. The notice shall be published as
18 specified by subsection (2), except that the newspaper notice
19 shall be one-fourth page in size in a standard size newspaper
20 or one-half page in size in a tabloid size newspaper.
21 (b) Notice of filing of the application, which shall
22 include a description of the proceedings required by this act,
23 within 21 days after the date of the application filing. Such
24 notice shall give notice of the provisions of s. 403.511(1)
25 and (2).
26 (c) Notice of the land use determination made pursuant
27 to s. 403.50665(1) within 21 days after the determination is
28 filed.
29 (d) Notice of the land use hearing, which shall be
30 published as specified in subsection (2), no later than 15
31 days before the hearing.
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (e) Notice of the certification hearing and notice of
2 the deadline for filing notice of intent to be a party, which
3 shall be published as specified in subsection (2), at least 65
4 days before the date set for the certification hearing.
5 (f) Notice of the cancellation of the certification
6 hearing, if applicable, no later than 3 days before the date
7 of the originally scheduled certification hearing.
8 (g) Notice of modification when required by the
9 department, based on whether the requested modification of
10 certification will significantly increase impacts to the
11 environment or the public. Such notice shall be published as
12 specified under subsection (2):
13 1. Within 21 days after receipt of a request for
14 modification. The newspaper notice shall be of a size as
15 directed by the department commensurate with the scope of the
16 modification.
17 2. If a hearing is to be conducted in response to the
18 request for modification, then notice shall be published no
19 later than 30 days before the hearing.
20 (h) Notice of a supplemental application, which shall
21 be published as specified in paragraph (b) and subsection (2).
22 (i) Notice of existing site certification pursuant to
23 s. 403.5175. Notices shall be published as specified in
24 paragraph (b) and subsection (2).
25 (2) Notices provided by the applicant shall be
26 published in newspapers of general circulation within the
27 county or counties in which the proposed electrical power
28 plant will be located. The newspaper notices shall be at least
29 one-half page in size in a standard size newspaper or a full
30 page in a tabloid size newspaper. These notices shall include
31 a map generally depicting the project and all associated
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 facilities corridors. A newspaper of general circulation shall
2 be the newspaper which has the largest daily circulation in
3 that county and has its principal office in that county. If
4 the newspaper with the largest daily circulation has its
5 principal office outside the county, the notices shall appear
6 in both the newspaper having the largest circulation in that
7 county and in a newspaper authorized to publish legal notices
8 in that county.
9 (3) All notices published by the applicant shall be
10 paid for by the applicant and shall be in addition to the
11 application fee.
12 (4) The department shall arrange for publication of
13 the following notices in the manner specified by chapter 120
14 and provide copies of those notices to any persons who have
15 requested to be placed on the departmental mailing list for
16 this purpose for each case for which an application has been
17 received by the department:
18 (a) Notice of the filing of the notice of intent
19 within 15 days after receipt of the notice.
20 (b) Notice of the filing of the application, no later
21 than 21 days after the application filing.
22 (c) Notice of the land use determination made pursuant
23 to s. 403.50665(1) within 21 days after the determination is
24 filed.
25 (d) Notice of the land use hearing before the
26 administrative law judge, if applicable, no later than 10 15
27 days before the hearing.
28 (e) Notice of the land use hearing before the board,
29 if applicable.
30 (f) Notice of the certification hearing at least 45
31 days before the date set for the certification hearing.
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (g) Notice of the cancellation of the certification
2 hearing, if applicable, no later than 3 days prior to the date
3 of the originally scheduled certification hearing.
4 (h) Notice of the hearing before the board, if
5 applicable.
6 (i) Notice of stipulations, proposed agency action, or
7 petitions for modification.
8 (5) A local government or regional planning council
9 that proposes to conduct an informational public meeting
10 pursuant to s. 403.50663 must publish notice of the meeting in
11 a newspaper of general circulation within the county or
12 counties in which the proposed electrical power plant will be
13 located no later than 7 days prior to the meeting. A newspaper
14 of general circulation is the newspaper that has the largest
15 daily circulation in that county and has its principal office
16 in that county. If the newspaper having the largest daily
17 circulation has its principal office outside the county, the
18 notices much appear in both the newspaper having the largest
19 circulation in that county and in a newspaper authorized to
20 publish legal notices in that county.
21 Section 17. Subsection (1) of section 403.5252,
22 Florida Statutes, is amended to read:
23 403.5252 Determination of completeness.--
24 (1)(a) Within 30 days after the filing distribution of
25 an application, the affected agencies shall file a statement
26 with the department containing the recommendations of each
27 agency concerning the completeness of the application for
28 certification.
29 (b) Within 37 7 days after the filing receipt of the
30 application completeness statements of each agency, the
31 department shall file a statement with the Division of
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 Administrative Hearings, with the applicant, and with all
2 parties declaring its position with regard to the completeness
3 of the application. The statement of the department shall be
4 based upon its consultation with the affected agencies.
5 Section 18. Subsection (6) of section 403.527, Florida
6 Statutes, is amended to read:
7 403.527 Certification hearing, parties,
8 participants.--
9 (6)(a) No later than 29 25 days before the
10 certification hearing, the department or the applicant may
11 request that the administrative law judge cancel the
12 certification hearing and relinquish jurisdiction to the
13 department if all parties to the proceeding stipulate that
14 there are no disputed issues of material fact or law to be
15 raised at the certification hearing.
16 (b) The administrative law judge shall issue an order
17 granting or denying the request within 5 days.
18 (c) If the administrative law judge grants the
19 request, the department and the applicant shall publish
20 notices of the cancellation of the certification hearing in
21 accordance with s. 403.5363.
22 (d)1. If the administrative law judge grants the
23 request, the department shall prepare and issue a final order
24 in accordance with s. 403.529(1)(a).
25 2. Parties may submit proposed final orders to the
26 department no later than 10 days after the administrative law
27 judge issues an order relinquishing jurisdiction.
28 Section 19. Subsection (1) of section 403.5271,
29 Florida Statutes, is amended to read:
30 403.5271 Alternate corridors.--
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 (1) No later than 45 days before the originally
2 scheduled certification hearing, any party may propose
3 alternate transmission line corridor routes for consideration
4 under the provisions of this act.
5 (a) A notice of a proposed alternate corridor must be
6 filed with the administrative law judge, all parties, and any
7 local governments in whose jurisdiction the alternate corridor
8 is proposed. The filing must include the most recent United
9 States Geological Survey 1:24,000 quadrangle maps specifically
10 delineating the corridor boundaries, a description of the
11 proposed corridor, and a statement of the reasons the proposed
12 alternate corridor should be certified.
13 (b)1. Within 7 days after receipt of the notice, the
14 applicant and the department shall file with the
15 administrative law judge and all parties a notice of
16 acceptance or rejection of a proposed alternate corridor for
17 consideration. If the alternate corridor is rejected by the
18 applicant or the department, the certification hearing and the
19 public hearings shall be held as scheduled. If both the
20 applicant and the department accept a proposed alternate
21 corridor for consideration, the certification hearing and the
22 public hearings shall be rescheduled, if necessary.
23 2. If rescheduled, the certification hearing shall be
24 held no more than 90 days after the previously scheduled
25 certification hearing, unless the data submitted under
26 paragraph (d) is determined to be incomplete, in which case
27 the rescheduled certification hearing shall be held no more
28 than 105 days after the previously scheduled certification
29 hearing. If additional time is needed due to the alternate
30 corridor crossing a local government jurisdiction that was not
31 previously affected, the remainder of the schedule listed
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 below shall be appropriately adjusted by the administrative
2 law judge to allow that local government to prepare a report
3 pursuant to s. 403.526(2)(a)5.
4 (c) Notice of the filing of the alternate corridor, of
5 the revised time schedules, of the deadline for newly affected
6 persons and agencies to file notice of intent to become a
7 party, of the rescheduled hearing date, and of the proceedings
8 shall be published in accordance with s. 403.5363.
9 (d) Within 21 days after acceptance of an alternate
10 corridor by the department and the applicant, the party
11 proposing an alternate corridor shall have the burden of
12 providing all data to the agencies listed in s. 403.526(2) and
13 newly affected agencies necessary for the preparation of a
14 supplementary report on the proposed alternate corridor.
15 (e)1. Reviewing agencies shall advise the department
16 of any issues concerning completeness no later than 15 days
17 after the submittal of the data required by paragraph (d).
18 Within 22 days after receipt of the data, the department shall
19 issue a determination of completeness.
20 2. If the department determines that the data required
21 by paragraph (d) is not complete, the party proposing the
22 alternate corridor must file such additional data to correct
23 the incompleteness. This additional data must be submitted
24 within 14 days after the determination by the department.
25 3. Reviewing agencies may advise the department of any
26 issues concerning completeness of the additional data within
27 10 days after the filing by the applicant. If the department,
28 within 14 days after receiving the additional data, determines
29 that the data remains incomplete, the incompleteness of the
30 data is deemed a withdrawal of the proposed alternate
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 corridor. The department may make its determination based on
2 recommendations made by other affected agencies.
3 (f) The agencies listed in s. 403.526(2) and any newly
4 affected agencies shall file supplementary reports with the
5 applicant and the department which address the proposed
6 alternate corridors no later than 24 days after the data
7 submitted pursuant to paragraph (d) or paragraph (e) is
8 determined to be complete.
9 (g) The agency reports on alternate corridors must
10 include all information required by s. 403.526(2).
11 (h) When an agency whose agency head is a collegial
12 body, such as a commission, board, or council, is required to
13 submit a report pursuant to this section and is required by
14 its own internal procedures to have the report reviewed by its
15 agency head prior to finalization, the agency may submit to
16 the department a draft version of the report by the deadline
17 indicated in paragraph (f), and shall submit a final version
18 of the report after review by the agency head no later than 7
19 days after the deadline indicated in paragraph (f).
20 (i) The department shall file with the administrative
21 law judge, the applicant, and all parties a project analysis
22 consistent with s. 403.526(3) no more than 16 days after
23 submittal of agency reports on the proposed alternate
24 corridor.
25 Section 20. Section 403.5317, Florida Statutes, is
26 amended to read:
27 403.5317 Postcertification activities.--
28 (1)(a) If, subsequent to certification, a licensee
29 proposes any material change to the application or prior
30 amendments, the licensee shall submit to the department a
31 written request for amendment and description of the proposed
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 change to the application. The department shall, within 30
2 days after the receipt of the request for the amendment,
3 determine whether the proposed change to the application
4 requires a modification of the conditions of certification.
5 (b) If the department concludes that the change would
6 not require a modification of the conditions of certification,
7 the department shall notify, in writing, the licensee, all
8 agencies, and all parties of the determination on approval of
9 the amendment.
10 (c) If the department concludes that the change would
11 require a modification of the conditions of certification, the
12 department shall notify the licensee that the proposed change
13 to the application requires a request for modification under
14 s. 403.5315.
15 (2) Postcertification submittals filed by a licensee
16 with one or more agencies are for the purpose of monitoring
17 for compliance with the issued certification. Each submittal
18 must be reviewed by each agency on an expedited and priority
19 basis because each facility certified under this act is a
20 critical infrastructure facility. Postcertification review may
21 not be completed more than 90 days after complete information
22 for a segment of the certified transmission line is submitted
23 to the reviewing agencies.
24 Section 21. Subsection (3) of section 403.5363,
25 Florida Statutes, is amended to read:
26 403.5363 Public notices; requirements.--
27 (3) The department shall arrange for the publication
28 of the following notices in the manner specified by chapter
29 120:
30 (a) The notice of the filing of an application and the
31 date by which a person intending to become a party must file a
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 petition to intervene or a notice of intent to be a party. The
2 notice must be published no later than 21 days after the
3 application has been filed.
4 (b) The notice of any administrative hearing for
5 certification, if applicable. The notice must be published not
6 less than 65 days before the date set for a hearing, except
7 that notice for a rescheduled certification hearing after
8 acceptance of an alternative corridor must be published not
9 less than 50 days before the date set for the hearing.
10 (c) The notice of the cancellation of a certification
11 hearing, if applicable. The notice must be published not later
12 than 3 7 days before the date of the originally scheduled
13 certification hearing.
14 (d) The notice of the hearing before the siting board,
15 if applicable.
16 (e) The notice of stipulations, proposed agency
17 action, or a petition for modification.
18 Section 22. Section 376.30715, Florida Statutes, is
19 amended to read:
20 376.30715 Innocent victim petroleum storage system
21 restoration.--A contaminated site acquired by the current
22 property owner prior to July 1, 1990, which has ceased
23 operating as a petroleum storage or retail business prior to
24 January 1, 1985, is eligible for financial assistance pursuant
25 to s. 376.305(6), notwithstanding s. 376.305(6)(a). For the
26 purposes of this section, the term "acquired" means the
27 acquisition of the title to the property; however, a
28 subsequent transfer of the property to a spouse, a surviving
29 spouse in trust or free of trust, or to a revocable trust
30 created for the benefit of the settlor shall not disqualify
31 the site from financial assistance pursuant to s. 376.305(6).
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 Eligible sites shall be ranked in accordance with s.
2 376.3071(5).
3 Section 23. Chapter 325, Florida Statutes, consisting
4 of ss. 325.2055, 325.221, 325.222, and 325.223, Florida
5 Statutes, is repealed.
6 Section 24. Section 403.0875, Florida Statutes, is
7 repealed.
8 Section 25. Subsection (6) of section 373.459, Florida
9 Statutes, is amended to read:
10 373.459 Funds for surface water improvement and
11 management.--
12 (6)(a) The match requirement of subsection (2) shall
13 not apply to the Suwannee River Water Management District, the
14 Northwest Florida Water Management District, or a financially
15 disadvantaged small local government as defined in s.
16 403.885(5).
17 (b) Notwithstanding the requirements of subsection
18 (3), the Ecosystem Management and Restoration Trust Fund and
19 the Water Protection and Sustainability Trust Fund shall be
20 used for the deposit of funds appropriated by the Legislature
21 for the purposes of ss. 373.451-373.4595. The department shall
22 administer all funds appropriated to or received for surface
23 water improvement and management activities. Expenditure of
24 the moneys shall be limited to the costs of details planning
25 and plan and program implementation for priority surface water
26 bodies. Moneys from the funds shall not be expended for
27 planning for, or construction or expansion of, treatment
28 facilities for domestic or industrial waste disposal.
29 (c) Notwithstanding the requirements of subsection
30 (4), the department shall authorize the release of money from
31
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2054
579-2437-07
1 the funds in accordance with the provisions of s. 373.501(2)
2 and procedures in s. 373.59(4) and (5).
3 (d) Notwithstanding the requirements of subsection
4 (5), moneys in the Ecosystem Restoration and Management Trust
5 Fund that are not needed to meet current obligations incurred
6 under this section shall be transferred to the State Board of
7 Administration, to the credit of the trust fund, to be
8 invested in the manner provided by law. Interest received on
9 such investments shall be credited to the trust fund.
10 (e) This subsection expires July 1, 2007.
11 Section 26. This act shall take effect July 1, 2007.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 CS for Senate Bill 2054
15
16 Committee Substitute for Committee Substitute for Senate Bill
2054 removes the requirement that new and replacement fire
17 hydrants have a certain internal check-value device installed
in all new and replacement fire hydrants, and eliminates
18 provisions relating to money held in the Ecosystem Management
and Restoration Trust Fund and the water protection and
19 sustainability trust fund.
20
21
22
23
24
25
26
27
28
29
30
31
46
CODING: Words stricken are deletions; words underlined are additions.