Senate Bill sb2054c3

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    Florida Senate - 2007             CS for CS for CS for SB 2054

    By the Committees on General Government Appropriations;
    Communications and Public Utilities; and Environmental
    Preservation and Conservation



    601-2486-07

  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

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 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

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 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; requiring the Department of

24         Environmental Protection to conduct a salary

25         study and submit a plan; requiring the

26         Department of Environmental Protection to

27         develop a project management plan to implement

28         the remaining phases of an e-permitting program

29         and submit a plan; prohibiting local

30         governments from specifying the method or

31         format of a determination by the Department of

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 1         Environmental Protection or a water management

 2         district with respect to certain projects;

 3         amending s. 403.061, F.S.; authorizing the

 4         Department of Environmental Protection to

 5         maintain a list of projects and activities that

 6         applicants may consider in developing certain

 7         proposals; providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (2) of section 258.007, Florida

12  Statutes, is amended to read:

13         258.007  Powers of division.--

14         (2)  The division has authority to adopt rules pursuant

15  to ss. 120.536(1) and 120.54 to implement provisions of law

16  conferring duties on it, and to impose penalties for the

17  violation of any rule authorized by this section shall be a

18  misdemeanor and punishable accordingly.

19         Section 2.  Section 258.008, Florida Statutes, is

20  created to read:

21         258.008  Prohibited activities; penalties.--

22         (1)  Except as provided in subsection (3), any person

23  who violates or otherwise fails to comply with the rules

24  adopted under this chapter commits a noncriminal infraction

25  for which ejection from all property managed by the Division

26  of Recreation and Parks and a fine of up to $1,000 may be

27  imposed by the division.

28         (2)  In addition to penalties imposed under subsection

29  (1), any person who fails to sign a citation given under

30  subsection (1), fails to appear in court in response to such

31  citation, or fails to comply with the court's order commits a

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 1  misdemeanor of the second degree, punishable as provided in s.

 2  775.082 or s. 775.083.

 3         (3)  Any person who engages in any of the following

 4  activities within the boundaries of a state park without first

 5  obtaining the express permission of the Division of Recreation

 6  and Parks commits a misdemeanor of the second degree,

 7  punishable as provided in s. 775.082 or s. 775.083, and shall

 8  be ejected from all property managed by the division:

 9         (a)  Cutting, carving, injuring, mutilating, moving,

10  displacing, or breaking off any water-bottom formation or

11  coral;

12         (b)  Capturing, trapping, injuring, or harassing a wild

13  animal;

14         (c)  Collecting plant or animal specimens;

15         (d)  Leaving the designated public roads in a vehicle;

16  or

17         (e)  Hunting.

18         (4)  Fines paid under this section shall be paid to the

19  Department of Environmental Protection and deposited in the

20  State Park Trust Fund. If a person who receives a citation

21  elects to defend himself or herself in court, the county small

22  claims court for the county in which the violation occurred

23  shall have jurisdiction. Court costs shall be determined by

24  and paid to the court as ordered by the court. A person who

25  receives a citation but fails to pay the fine, sign and accept

26  a citation, appear in court, or comply with the court's order

27  may not enter any state park property until he or she has paid

28  the fine, complied with the procedure, or complied with the

29  order. The department may establish by rule the procedures for

30  giving a citation, giving a notice of appearance in court,

31  payment of fines, and listing of persons ejected from state

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 1  parks; the amounts of fines for civil infractions up to

 2  $1,000; definitions; time limits and deadlines; and any other

 3  matter necessary to implement this section.

 4         Section 3.  Section 316.212, Florida Statutes, is

 5  amended to read:

 6         316.212  Operation of golf carts on certain

 7  roadways.--The operation of a golf cart upon the public roads

 8  or streets of this state is prohibited except as provided

 9  herein:

10         (1)  A golf cart may be operated only upon a county

11  road that has been designated by a county, or a municipal

12  street that has been designated by a municipality, for use by

13  golf carts. Prior to making such a designation, the

14  responsible local governmental entity must first determine

15  that golf carts may safely travel on or cross the public road

16  or street, considering factors including the speed, volume,

17  and character of motor vehicle traffic using the road or

18  street. Upon a determination that golf carts may be safely

19  operated on a designated road or street, the responsible

20  governmental entity shall post appropriate signs to indicate

21  that such operation is allowed.

22         (2)  A golf cart may be operated on a part of the State

23  Highway System only under the following conditions:

24         (a)  To cross a portion of the State Highway System

25  which intersects a county road or municipal street that has

26  been designated for use by golf carts if the Department of

27  Transportation has reviewed and approved the location and

28  design of the crossing and any traffic control devices needed

29  for safety purposes.

30         (b)  To cross, at midblock, a part of the State Highway

31  System where a golf course is constructed on both sides of the

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 1  highway if the Department of Transportation has reviewed and

 2  approved the location and design of the crossing and any

 3  traffic control devices needed for safety purposes.

 4         (c)  A golf cart may be operated on a state road that

 5  has been designated for transfer to a local government unit

 6  pursuant to s. 335.0415 if the Department of Transportation

 7  determines that the operation of a golf cart within the

 8  right-of-way of the road will not impede the safe and

 9  efficient flow of motor vehicular traffic. The department may

10  authorize the operation of golf carts on such a road if:

11         1.  The road is the only available public road along

12  which golf carts may travel or cross or the road provides the

13  safest travel route among alternative routes available; and

14         2.  The speed, volume, and character of motor vehicular

15  traffic using the road is considered in making such a

16  determination.

17  

18  Upon its determination that golf carts may be operated on a

19  given road, the department shall post appropriate signs on the

20  road to indicate that such operation is allowed.

21         (3)  Any other provision of this section to the

22  contrary notwithstanding, a golf cart may be operated for the

23  purpose of crossing a street or highway where a single mobile

24  home park is located on both sides of the street or highway

25  and is divided by that street or highway, provided that the

26  governmental entity having original jurisdiction over such

27  street or highway shall review and approve the location of the

28  crossing and require implementation of any traffic controls

29  needed for safety purposes. This subsection shall apply only

30  to residents or guests of the mobile home park. Any other

31  provision of law to the contrary notwithstanding, if notice is

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 1  posted at the entrance and exit to any mobile home park that

 2  residents of the park utilize golf carts or electric vehicles

 3  within the confines of the park it shall not be necessary that

 4  the park have a gate or other device at the entrance and exit

 5  in order for such golf carts or electric vehicles to be

 6  lawfully operated in the park.

 7         (4)  Notwithstanding any other provisions of this

 8  section, a golf cart may be operated on a road that is part of

 9  the State Park Road System and where the posted speed limit is

10  35 miles per hour or less, and where not otherwise prohibited

11  by the Division of Recreation and Parks of the Department of

12  Environmental Protection.

13         (5)(4)  A golf cart may be operated only during the

14  hours between sunrise and sunset, unless the responsible

15  governmental entity has determined that a golf cart may be

16  operated during the hours between sunset and sunrise and the

17  golf cart is equipped with headlights, brake lights, turn

18  signals, and a windshield.

19         (6)(5)  A golf cart must be equipped with efficient

20  brakes, reliable steering apparatus, safe tires, a rearview

21  mirror, and red reflectorized warning devices in both the

22  front and rear.

23         (7)(6)  A golf cart may not be operated on public roads

24  or streets by any person under the age of 14.

25         (8)(7)  A local governmental entity may enact an

26  ordinance regarding golf cart operation and equipment which is

27  more restrictive than those enumerated in this section. Upon

28  enactment of any such ordinance, the local governmental entity

29  shall post appropriate signs or otherwise inform the residents

30  that such an ordinance exists and that it shall be enforced

31  within the local government's jurisdictional territory. An

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 1  ordinance referred to in this section must apply only to an

 2  unlicensed driver.

 3         (9)(8)  A violation of this section is a noncriminal

 4  traffic infraction, punishable pursuant to chapter 318 as a

 5  moving violation for infractions of subsection (1), subsection

 6  (2), subsection (3), subsection (5) (4), or a local ordinance

 7  corresponding thereto and enacted pursuant to subsection (8)

 8  (7), or punishable pursuant to chapter 318 as a nonmoving

 9  violation for infractions of subsection (6) (5), subsection

10  (7) (6), or a local ordinance corresponding thereto and

11  enacted pursuant to subsection (8) (7).

12         Section 4.  Section 373.4142, Florida Statutes, is

13  amended to read:

14         373.4142  Water quality within stormwater treatment

15  systems.--State surface water quality standards applicable to

16  waters of the state, as defined in s. 403.031(13), shall not

17  apply within a stormwater management system which is designed,

18  constructed, operated, and maintained for stormwater treatment

19  in accordance with a valid permit or noticed exemption issued

20  pursuant to chapter 62-25 17-25, Florida Administrative Code;

21  a valid permit or exemption under s. 373.4145 within the

22  Northwest Florida Water Management District; a valid permit

23  issued on or subsequent to April 1, 1986, within the Suwannee

24  River Water Management District or the St. Johns River Water

25  Management District pursuant to this part; a valid permit

26  issued on or subsequent to March 1, 1988, within the Southwest

27  Florida Water Management District pursuant to this part; or a

28  valid permit issued on or subsequent to January 6, 1982,

29  within the South Florida Water Management District pursuant to

30  this part. Such inapplicability of state water quality

31  standards shall be limited to that part of the stormwater

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 1  management system located upstream of a manmade water control

 2  structure permitted, or approved under a noticed exemption, to

 3  retain or detain stormwater runoff in order to provide

 4  treatment of the stormwater. The additional use of such a

 5  stormwater management system for flood attenuation or

 6  irrigation shall not divest the system of the benefits of this

 7  exemption. This section shall not affect the authority of the

 8  department and water management districts to require

 9  reasonable assurance that the water quality within such

10  stormwater management systems will not adversely impact public

11  health, fish and wildlife, or adjacent waters.

12         Section 5.  Subsection (17) of section 373.414, Florida

13  Statutes, is amended to read:

14         373.414  Additional criteria for activities in surface

15  waters and wetlands.--

16         (17)  The variance provisions of s. 403.201 are

17  applicable to the provisions of this section or any rule

18  adopted pursuant hereto.  The governing boards and the

19  department are authorized to review and take final agency

20  action on petitions requesting such variances for those

21  activities they regulate under this part and s. 373.4145.

22         Section 6.  Subsection (27) is added to section

23  373.4211, Florida Statutes, to read:

24         373.4211  Ratification of chapter 17-340, Florida

25  Administrative Code, on the delineation of the landward extent

26  of wetlands and surface waters.--Pursuant to s. 373.421, the

27  Legislature ratifies chapter 17-340, Florida Administrative

28  Code, approved on January 13, 1994, by the Environmental

29  Regulation Commission, with the following changes:

30         (27)  Pursuant to s. 373.421 and subsection (26), the

31  Legislature ratifies amendments to chapter 62-340, Florida

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 1  Administrative Code, approved on February 23, 2006, by the

 2  Environmental Regulation Commission. Rule 62-340.450(3)

 3  Facultative Species is amended by the addition of the

 4  following plant species: Ilex glabra and Pinus elliottii.

 5  However, this ratification and rule revision does not take

 6  effect until state and federal wetland jurisdiction

 7  delineation methodologies are aligned.

 8         Section 7.  Subsection (19) of section 403.031, Florida

 9  Statutes, is amended to read:

10         403.031  Definitions.--In construing this chapter, or

11  rules and regulations adopted pursuant hereto, the following

12  words, phrases, or terms, unless the context otherwise

13  indicates, have the following meanings:

14         (19)  "Regulated air pollutant" means any pollutant

15  regulated under the federal Clean Air Act.:

16         (a)  Nitrogen oxides or any volatile organic compound;

17         (b)  Any pollutant regulated under 42 U.S.C. s. 7411 or

18  s. 7412; or

19         (c)  Any pollutant for which a national primary ambient

20  air quality standard has been adopted.

21         Section 8.  Subsections (7) and (8) of section 403.067,

22  Florida Statutes, are amended to read:

23         403.067  Establishment and implementation of total

24  maximum daily loads.--

25         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

26  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

27         (a)  Basin management action plans.--

28         1.  In developing and implementing the total maximum

29  daily load for a water body, the department, or the department

30  in conjunction with a water management district, may develop a

31  basin management action plan that addresses some or all of the

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 1  watersheds and basins tributary to the water body. Such a plan

 2  must shall integrate the appropriate management strategies

 3  available to the state through existing water quality

 4  protection programs to achieve the total maximum daily loads

 5  and may provide for phased implementation of these management

 6  strategies to promote timely, cost-effective actions as

 7  provided for in s. 403.151. The plan must shall establish a

 8  schedule for implementing the management strategies, establish

 9  a basis for evaluating the plan's effectiveness, and identify

10  feasible funding strategies for implementing the plan's

11  management strategies. The management strategies may include

12  regional treatment systems or other public works, where

13  appropriate, and voluntary trading of water quality credits in

14  areas that have adopted a basin management action plan to

15  achieve the needed pollutant load reductions.

16         2.  A basin management action plan must shall equitably

17  allocate, pursuant to paragraph (6)(b), pollutant reductions

18  to individual basins, as a whole to all basins, or to each

19  identified point source or category of nonpoint sources, as

20  appropriate. For nonpoint sources for which best management

21  practices have been adopted, the initial requirement specified

22  by the plan must shall be those practices developed pursuant

23  to paragraph (c). In accordance with procedures adopted by

24  rule under paragraph (8)(c), the plan must allow point or

25  nonpoint sources that will achieve greater pollutant

26  reductions than required by an adopted total maximum load or

27  wasteload allocation to generate, register, and trade water

28  quality credits for the excess reductions to enable other

29  sources to achieve their allocation if the generation of water

30  quality credits does not remove the obligation of a source or

31  activity to meet applicable technology requirements or adopted

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 1  best-management practices. The plan must allow trading between

 2  NPDES permittees and trading that may or may not involve NPDES

 3  permittees, where the generation or use of the credits involve

 4  an entity or activity not subject to department water

 5  discharge permits whose owner voluntarily elects to become

 6  subject to the requirements of this section. Where

 7  appropriate, the plan may take into account the benefits of

 8  provide pollutant load reduction achieved by point or nonpoint

 9  sources credits to dischargers that have implemented

10  management strategies to reduce pollutant loads, including

11  best management practices, prior to the development of the

12  basin management action plan. The plan must shall also

13  identify the mechanisms that will address by which potential

14  future increases in pollutant loading will be addressed.

15         3.  The basin management action planning process is

16  intended to involve the broadest possible range of interested

17  parties, with the objective of encouraging the greatest amount

18  of cooperation and consensus possible. In developing a basin

19  management action plan, the department shall assure that key

20  stakeholders, including, but not limited to, applicable local

21  governments, water management districts, the Department of

22  Agriculture and Consumer Services, other appropriate state

23  agencies, local soil and water conservation districts,

24  environmental groups, regulated interests, and affected

25  pollution sources, are invited to participate in the process.

26  The department shall hold at least one public meeting in the

27  vicinity of the watershed or basin to discuss and receive

28  comments during the planning process and shall otherwise

29  encourage public participation to the greatest practicable

30  extent. Notice of the public meeting must shall be published

31  in a newspaper of general circulation in each county in which

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 1  the watershed or basin lies not less than 5 days nor more than

 2  15 days before the public meeting. A basin management action

 3  plan shall not supplant or otherwise alter any assessment made

 4  under subsection (3) or subsection (4) or any calculation or

 5  initial allocation.

 6         4.  The department shall adopt all or any part of a

 7  basin management action plan and any amendment to such plan by

 8  secretarial order pursuant to chapter 120 to implement the

 9  provisions of this section.

10         5.  The basin management action plan must shall include

11  milestones for implementation and water quality improvement,

12  and an associated water quality monitoring component

13  sufficient to evaluate whether reasonable progress in

14  pollutant load reductions is being achieved over time. An

15  assessment of progress toward these milestones must shall be

16  conducted every 5 years, and revisions to the plan must shall

17  be made as appropriate. Revisions to the basin management

18  action plan shall be made by the department in cooperation

19  with basin stakeholders. Revisions to the management

20  strategies required for nonpoint sources must shall follow the

21  procedures set forth in subparagraph (c)4. Revised basin

22  management action plans must shall be adopted pursuant to

23  subparagraph 4.

24         6.  The provisions of the department's rule relating to

25  the equitable abatement of pollutants into surface waters may

26  not be applied to water bodies or water body segments for

27  which a basin management plan that takes into account future

28  new or expanded activities or discharges has been adopted

29  pursuant to this section.

30         (b)  Total maximum daily load implementation.--

31  

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 1         1.  The department shall be the lead agency in

 2  coordinating the implementation of the total maximum daily

 3  loads through existing water quality protection programs.

 4  Application of a total maximum daily load by a water

 5  management district must shall be consistent with this section

 6  and shall not require the issuance of an order or a separate

 7  action pursuant to s. 120.536(1) or s. 120.54 for the adoption

 8  of the calculation and allocation previously established by

 9  the department. Such programs may include, but are not limited

10  to:

11         a.  Permitting and other existing regulatory programs,

12  including water-quality-based effluent limitations;

13         b.  Nonregulatory and incentive-based programs,

14  including best management practices, cost sharing, waste

15  minimization, pollution prevention, agreements established

16  pursuant to s. 403.061(21), and public education;

17         c.  Other water quality management and restoration

18  activities, for example surface water improvement and

19  management plans approved by water management districts or

20  basin management action plans developed pursuant to this

21  subsection;

22         d.  Trading of water quality credits Pollutant trading

23  or other equitable economically based agreements;

24         e.  Public works including capital facilities; or

25         f.  Land acquisition.

26         2.  For a basin management action plan adopted pursuant

27  to paragraph (a) subparagraph (a)4., any management strategies

28  and pollutant reduction requirements associated with a

29  pollutant of concern for which a total maximum daily load has

30  been developed, including effluent limits set forth for a

31  discharger subject to NPDES permitting, if any, must shall be

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 1  included in a timely manner in subsequent NPDES permits or

 2  permit modifications for that discharger. The department shall

 3  not impose limits or conditions implementing an adopted total

 4  maximum daily load in an NPDES permit until the permit

 5  expires, the discharge is modified, or the permit is reopened

 6  pursuant to an adopted basin management action plan.

 7         a.  Absent a detailed allocation, total maximum daily

 8  loads must shall be implemented through NPDES permit

 9  conditions that provide for afford a compliance schedule. In

10  such instances, a facility's NPDES permit must shall allow

11  time for the issuance of an order adopting the basin

12  management action plan. The time allowed for the issuance of

13  an order adopting the plan must shall not exceed 5 years. Upon

14  issuance of an order adopting the plan, the permit must shall

15  be reopened, as necessary, and permit conditions consistent

16  with the plan must shall be established.  Notwithstanding the

17  other provisions of this subparagraph, upon request by a NPDES

18  permittee, the department as part of a permit issuance,

19  renewal, or modification may establish individual allocations

20  prior to the adoption of a basin management action plan.

21         b.  For holders of NPDES municipal separate storm sewer

22  system permits and other stormwater sources, implementation of

23  a total maximum daily load or basin management action plan

24  must shall be achieved, to the maximum extent practicable,

25  through the use of best management practices or other

26  management measures.

27         c.  The basin management action plan does not relieve

28  the discharger from any requirement to obtain, renew, or

29  modify an NPDES permit or to abide by other requirements of

30  the permit.

31  

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 1         d.  Management strategies set forth in a basin

 2  management action plan to be implemented by a discharger

 3  subject to permitting by the department must shall be

 4  completed pursuant to the schedule set forth in the basin

 5  management action plan. This implementation schedule may

 6  extend beyond the 5-year term of an NPDES permit.

 7         e.  Management strategies and pollution reduction

 8  requirements set forth in a basin management action plan for a

 9  specific pollutant of concern shall not be subject to

10  challenge under chapter 120 at the time they are incorporated,

11  in an identical form, into a subsequent NPDES permit or permit

12  modification.

13         f.  For nonagricultural pollutant sources not subject

14  to NPDES permitting but permitted pursuant to other state,

15  regional, or local water quality programs, the pollutant

16  reduction actions adopted in a basin management action plan

17  must shall be implemented to the maximum extent practicable as

18  part of those permitting programs.

19         g.  A nonpoint source discharger included in a basin

20  management action plan must shall demonstrate compliance with

21  the pollutant reductions established under pursuant to

22  subsection (6) by either implementing the appropriate best

23  management practices established pursuant to paragraph (c) or

24  conducting water quality monitoring prescribed by the

25  department or a water management district.

26         h.  A nonpoint source discharger included in a basin

27  management action plan may be subject to enforcement action by

28  the department or a water management district based upon a

29  failure to implement the responsibilities set forth in

30  sub-subparagraph g.

31  

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 1         i.  A landowner, discharger, or other responsible

 2  person who is implementing applicable management strategies

 3  specified in an adopted basin management action plan may shall

 4  not be required by permit, enforcement action, or otherwise to

 5  implement additional management strategies to reduce pollutant

 6  loads to attain the pollutant reductions established pursuant

 7  to subsection (6) and must shall be deemed to be in compliance

 8  with this section. This subparagraph does not limit the

 9  authority of the department to amend a basin management action

10  plan as specified in subparagraph (a)5.

11         (c)  Best management practices.--

12         1.  The department, in cooperation with the water

13  management districts and other interested parties, as

14  appropriate, may develop suitable interim measures, best

15  management practices, or other measures necessary to achieve

16  the level of pollution reduction established by the department

17  for nonagricultural nonpoint pollutant sources in allocations

18  developed pursuant to subsection (6) and this subsection.

19  These practices and measures may be adopted by rule by the

20  department and the water management districts pursuant to ss.

21  120.536(1) and 120.54, and, where adopted by rule, shall be

22  implemented by those parties responsible for nonagricultural

23  nonpoint source pollution.

24         2.  The Department of Agriculture and Consumer Services

25  may develop and adopt by rule pursuant to ss. 120.536(1) and

26  120.54 suitable interim measures, best management practices,

27  or other measures necessary to achieve the level of pollution

28  reduction established by the department for agricultural

29  pollutant sources in allocations developed pursuant to

30  subsection (6) and this subsection or for programs implemented

31  pursuant to paragraph (11)(b). These practices and measures

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 1  may be implemented by those parties responsible for

 2  agricultural pollutant sources and the department, the water

 3  management districts, and the Department of Agriculture and

 4  Consumer Services must shall assist with implementation. In

 5  the process of developing and adopting rules for interim

 6  measures, best management practices, or other measures, the

 7  Department of Agriculture and Consumer Services shall consult

 8  with the department, the Department of Health, the water

 9  management districts, representatives from affected farming

10  groups, and environmental group representatives. Such rules

11  must shall also incorporate provisions for a notice of intent

12  to implement the practices and a system to assure the

13  implementation of the practices, including recordkeeping

14  requirements.

15         3.  Where interim measures, best management practices,

16  or other measures are adopted by rule, the effectiveness of

17  such practices in achieving the levels of pollution reduction

18  established in allocations developed by the department

19  pursuant to subsection (6) and this subsection or in programs

20  implemented pursuant to paragraph (11)(b) must shall be

21  verified at representative sites by the department. The

22  department must shall use best professional judgment in making

23  the initial verification that the best management practices

24  are reasonably expected to be effective and, where applicable,

25  must shall notify the appropriate water management district or

26  the Department of Agriculture and Consumer Services of its

27  initial verification prior to the adoption of a rule proposed

28  pursuant to this paragraph. Implementation, in accordance with

29  rules adopted under this paragraph, of practices that have

30  been initially verified to be effective, or verified to be

31  effective by monitoring at representative sites, by the

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 1  department, shall provide a presumption of compliance with

 2  state water quality standards and release from the provisions

 3  of s. 376.307(5) for those pollutants addressed by the

 4  practices, and the department is not authorized to institute

 5  proceedings against the owner of the source of pollution to

 6  recover costs or damages associated with the contamination of

 7  surface water or groundwater caused by those pollutants.

 8  Research projects funded by the department, a water management

 9  district, or the Department of Agriculture and Consumer

10  Services to develop or demonstrate interim measures or best

11  management practices shall be granted a presumption of

12  compliance with state water quality standards and a release

13  from the provisions of s. 376.307(5). The presumption of

14  compliance and release is shall be limited to the research

15  site and only for those pollutants addressed by the interim

16  measures or best management practices. Eligibility for the

17  presumption of compliance and release is shall be limited to

18  research projects on sites where the owner or operator of the

19  research site and the department, a water management district,

20  or the Department of Agriculture and Consumer Services have

21  entered into a contract or other agreement that, at a minimum,

22  specifies the research objectives, the cost-share

23  responsibilities of the parties, and a schedule that details

24  the beginning and ending dates of the project.

25         4.  Where water quality problems are demonstrated,

26  despite the appropriate implementation, operation, and

27  maintenance of best management practices and other measures

28  required by according to rules adopted under this paragraph,

29  the department, a water management district, or the Department

30  of Agriculture and Consumer Services, in consultation with the

31  department, shall institute a reevaluation of the best

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 1  management practice or other measure. Should the reevaluation

 2  determine that the best management practice or other measure

 3  requires modification, the department, a water management

 4  district, or the Department of Agriculture and Consumer

 5  Services, as appropriate, shall revise the rule to require

 6  implementation of the modified practice within a reasonable

 7  time period as specified in the rule.

 8         5.  Agricultural records relating to processes or

 9  methods of production, costs of production, profits, or other

10  financial information held by the Department of Agriculture

11  and Consumer Services pursuant to subparagraphs 3. and 4. or

12  pursuant to any rule adopted pursuant to subparagraph 2. are

13  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

14  of the State Constitution. Upon request, records made

15  confidential and exempt pursuant to this subparagraph shall be

16  released to the department or any water management district if

17  provided that the confidentiality specified by this

18  subparagraph for such records is maintained.

19         6.  The provisions of subparagraphs 1. and 2. do shall

20  not preclude the department or water management district from

21  requiring compliance with water quality standards or with

22  current best management practice requirements set forth in any

23  applicable regulatory program authorized by law to protect for

24  the purpose of protecting water quality. Additionally,

25  subparagraphs 1. and 2. are applicable only to the extent that

26  they do not conflict with any rules adopted by the department

27  which that are necessary to maintain a federally delegated or

28  approved program.

29         (8)  RULES.--The department is authorized to adopt

30  rules pursuant to ss. 120.536(1) and  120.54 for:

31  

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 1         (a)  Delisting water bodies or water body segments from

 2  the list developed under subsection (4) pursuant to the

 3  guidance under subsection (5).;

 4         (b)  Administering Administration of funds to implement

 5  the total maximum daily load and basin management action

 6  planning programs.;

 7         (c)  Water quality credit Procedures for pollutant

 8  trading among the pollutant sources to a water body or water

 9  body segment. By July 1, 2007, rulemaking shall be initiated

10  which provides for the following:, including a mechanism for

11  the issuance and tracking of pollutant credits. Such

12  procedures may be implemented through permits or other

13  authorizations and must be legally binding. Prior to adopting

14  rules for pollutant trading under this paragraph, and no later

15  than November 30, 2006, the Department of Environmental

16  Protection shall submit a report to the Governor, the

17  President of the Senate, and the Speaker of the House of

18  Representatives containing recommendations on such rules,

19  including the proposed basis for equitable economically based

20  agreements and the tracking and accounting of pollution

21  credits or other similar mechanisms. Such recommendations

22  shall be developed in cooperation with a technical advisory

23  committee that includes experts in pollutant trading and

24  representatives of potentially affected parties;

25         1.  The process to be used to determine how credits are

26  generated, quantified, and validated;

27         2.  A publicly accessible water quality credit trading

28  registry that tracks water quality credits and trades and

29  lists the prices paid for such credits and that does not allow

30  the department to participate in the establishment of such

31  prices;

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 1         3.  Limitations on the availability and use of water

 2  quality credits, including a list of eligible pollutants or

 3  parameters and minimum water quality requirements and, where

 4  appropriate, adjustments to reflect best-management practice

 5  performance uncertainties and water-segment-specific location

 6  factors;

 7         4.  The timing and duration of credits and allowance

 8  for credit transferability; and

 9         5.  Mechanisms for determining and ensuring compliance

10  with trading procedures, including recordkeeping, monitoring,

11  reporting, and inspections. Generators of traded credits are

12  responsible for achieving the load reductions upon which the

13  credits are based.

14         (d)  The total maximum daily load calculation in

15  accordance with paragraph (6)(a) immediately upon the

16  effective date of this act, for those eight water segments

17  within Lake Okeechobee proper as submitted to the United

18  States Environmental Protection Agency pursuant to subsection

19  (2).; and

20         (e)  Implementation of other specific provisions.

21         Section 9.  Subsection (1) of 403.0872, Florida

22  Statutes, is amended to read:

23         403.0872  Operation permits for major sources of air

24  pollution; annual operation license fee.--Provided that

25  program approval pursuant to 42 U.S.C. s. 7661a has been

26  received from the United States Environmental Protection

27  Agency, beginning January 2, 1995, each major source of air

28  pollution, including electrical power plants certified under

29  s. 403.511, must obtain from the department an operation

30  permit for a major source of air pollution under this section.

31  This operation permit is the only department operation permit

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 1  for a major source of air pollution required for such source;

 2  however provided, at the applicant's request, the department

 3  shall issue a separate acid rain permit for a major source of

 4  air pollution that is an affected source within the meaning of

 5  42 U.S.C. s. 7651a(1). Operation permits for major sources of

 6  air pollution, except general permits issued pursuant to s.

 7  403.814, must be issued in accordance with the procedures

 8  contained in this section and in accordance with chapter 120;

 9  however, to the extent that chapter 120 is inconsistent with

10  the provisions of this section, the procedures contained in

11  this section prevail.

12         (1)  For purposes of this section, a major source of

13  air pollution means a stationary source of air pollution, or

14  any group of stationary sources within a contiguous area and

15  under common control, which emits any regulated air pollutant

16  and which is any of the following:

17         (a)  A major source within the meaning of 42 U.S.C. s.

18  7412(a)(1);

19         (b)  A major stationary source or major emitting

20  facility within the meaning of 42 U.S.C. s. 7602(j) or 42

21  U.S.C. subchapter I, part C or part D;

22         (c)  An affected source within the meaning of 42 U.S.C.

23  s. 7651a(1);

24         (d)  An air pollution source subject to standards or

25  regulations under 42 U.S.C. s. 7411 or s. 7412; provided that

26  a source is not a major source solely because of its

27  regulation under 42 U.S.C. s. 7412(r); or

28         (e)  A stationary air pollution source belonging to a

29  category designated as a 40 C.F.R. part 70 source by

30  regulations adopted by the administrator of the United States

31  

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 1  Environmental Protection Agency under 42 U.S.C. ss. 7661 et

 2  seq.

 3  

 4  The department shall exempt those facilities that are subject

 5  to this section solely because they are subject to

 6  requirements under 42 U.S.C. s. 7411 or s. 7412 s. 7411 or

 7  solely because they are subject to reporting requirements

 8  under 42 U.S.C. s. 7412 for as long as the exemption is

 9  available under federal law.

10         Section 10.  Paragraphs (e) and (f) of subsection (2)

11  of section 403.088, Florida Statutes, are amended to read:

12         403.088  Water pollution operation permits;

13  conditions.--

14         (2)

15         (e)  However, if the discharge will not meet permit

16  conditions or applicable statutes and rules, the department

17  may issue, renew, revise, or reissue the operation permit if:

18         1.  The applicant is constructing, installing, or

19  placing into operation, or has submitted plans and a

20  reasonable schedule for constructing, installing, or placing

21  into operation, an approved pollution abatement facility or

22  alternative waste disposal system;

23         2.  The applicant needs permission to pollute the

24  waters within the state for a period of time necessary to

25  complete research, planning, construction, installation, or

26  operation of an approved and acceptable pollution abatement

27  facility or alternative waste disposal system;

28         3.  There is no present, reasonable, alternative means

29  of disposing of the waste other than by discharging it into

30  the waters of the state;

31  

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 1         4.  The granting of an operation permit will be in the

 2  public interest; or

 3         5.  The discharge will not be unreasonably destructive

 4  to the quality of the receiving waters; or.

 5         6.  A water quality credit trade that meets the

 6  requirements of a total maximum daily load allocation has been

 7  approved in a final order issued under s. 403.067(7)(a)1.4.

 8         (f)  A permit issued, renewed, revised, or reissued

 9  pursuant to paragraph (e) shall be accompanied by an order

10  establishing a schedule for achieving compliance with all

11  permit conditions.  Such permit may require compliance with

12  the accompanying order.

13         Section 11.  Subsection (3) of section 403.50663,

14  Florida Statutes, is amended to read:

15         403.50663  Informational public meetings.--

16         (3)  A local government or regional planning council

17  that intends to conduct an informational public meeting must

18  provide notice of the meeting to all parties not less than 15

19  5 days prior to the meeting, and to the general public, in

20  accordance with the provisions of s. 403.5115(5).

21         Section 12.  Subsection (2) of section 403.50665,

22  Florida Statutes, is amended to read:

23         403.50665  Land use consistency.--

24         (2)  Within 45 days after the filing of the

25  application, each local government shall file a determination

26  with the department, the applicant, the administrative law

27  judge, and all parties on the consistency of the site or any

28  directly associated facilities with existing land use plans

29  and zoning ordinances that were in effect on the date the

30  application was filed, based on the information provided in

31  the application. The local government may issue its

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 1  determination up to 35 days later if the local government has

 2  requested additional information on land use and zoning

 3  consistency as part of the local government's statement on

 4  completeness of the application submitted pursuant to s.

 5  403.5066(1)(a). Incompleteness of information necessary for a

 6  local government to evaluate an application may be claimed by

 7  the local government as cause for a statement of inconsistency

 8  with existing land use plans and zoning ordinances. Notice of

 9  the consistency determination shall be published in accordance

10  with the requirements of s. 403.5115.

11         Section 13.  Section 403.508, Florida Statutes, is

12  amended to read:

13         403.508  Land use and certification hearings, parties,

14  participants.--

15         (1)(a)  Within 5 days after the filing of If a petition

16  for a hearing on land use has been filed pursuant to s.

17  403.50665, the designated administrative law judge shall

18  schedule conduct a land use hearing to be conducted in the

19  county of the proposed site or directly associated facility,

20  as applicable, as expeditiously as possible, but not later

21  than 30 days after the department's receipt of the petition.

22  The place of such hearing shall be as close as possible to the

23  proposed site or directly associated facility. If a petition

24  is filed, the hearing shall be held regardless of the status

25  of the completeness of the application. However,

26  incompleteness of information necessary for a local government

27  to evaluate an application may be claimed by the local

28  government as cause for a statement of inconsistency with

29  existing land use plans and zoning ordinances under s.

30  403.50665.

31  

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 1         (b)  Notice of the land use hearing shall be published

 2  in accordance with the requirements of s. 403.5115.

 3         (c)  The sole issue for determination at the land use

 4  hearing shall be whether or not the proposed site is

 5  consistent and in compliance with existing land use plans and

 6  zoning ordinances. If the administrative law judge concludes

 7  that the proposed site is not consistent or in compliance with

 8  existing land use plans and zoning ordinances, the

 9  administrative law judge shall receive at the hearing evidence

10  on, and address in the recommended order any changes to or

11  approvals or variances under, the applicable land use plans or

12  zoning ordinances which will render the proposed site

13  consistent and in compliance with the local land use plans and

14  zoning ordinances.

15         (d)  The designated administrative law judge's

16  recommended order shall be issued within 30 days after

17  completion of the hearing and shall be reviewed by the board

18  within 60 days after receipt of the recommended order by the

19  board.

20         (e)  If it is determined by the board that the proposed

21  site does conform with existing land use plans and zoning

22  ordinances in effect as of the date of the application, or as

23  otherwise provided by this act, the responsible zoning or

24  planning authority shall not thereafter change such land use

25  plans or zoning ordinances so as to foreclose construction and

26  operation of the proposed electrical power plant on the

27  proposed site or directly associated facilities unless

28  certification is subsequently denied or withdrawn.

29         (f)  If it is determined by the board that the proposed

30  site does not conform with existing land use plans and zoning

31  ordinances, the board may, if it determines after notice and

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 1  hearing and upon consideration of the recommended order on

 2  land use and zoning issues that it is in the public interest

 3  to authorize the use of the land as a site for an electrical

 4  power plant, authorize a variance or other necessary approval

 5  to the adopted land use plan and zoning ordinances required to

 6  render the proposed site consistent with local land use plans

 7  and zoning ordinances. The board's action shall not be

 8  controlled by any other procedural requirements of law. In the

 9  event a variance or other approval is denied by the board, it

10  shall be the responsibility of the applicant to make the

11  necessary application for any approvals determined by the

12  board as required to make the proposed site consistent and in

13  compliance with local land use plans and zoning ordinances. No

14  further action may be taken on the complete application until

15  the proposed site conforms to the adopted land use plan or

16  zoning ordinances or the board grants relief as provided under

17  this act.

18         (2)(a)  A certification hearing shall be held by the

19  designated administrative law judge no later than 265 days

20  after the application is filed with the department. The

21  certification hearing shall be held at a location in proximity

22  to the proposed site. At the conclusion of the certification

23  hearing, the designated administrative law judge shall, after

24  consideration of all evidence of record, submit to the board a

25  recommended order no later than 45 days after the filing of

26  the hearing transcript.

27         (b)  Notice of the certification hearing and notice of

28  the deadline for filing of notice of intent to be a party

29  shall be made in accordance with the requirements of s.

30  403.5115.

31         (3)(a)  Parties to the proceeding shall include:

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 1         1.  The applicant.

 2         2.  The Public Service Commission.

 3         3.  The Department of Community Affairs.

 4         4.  The Fish and Wildlife Conservation Commission.

 5         5.  The water management district.

 6         6.  The department.

 7         7.  The regional planning council.

 8         8.  The local government.

 9         9.  The Department of Transportation.

10         (b)  Any party listed in paragraph (a) other than the

11  department or the applicant may waive its right to participate

12  in these proceedings. If such listed party fails to file a

13  notice of its intent to be a party on or before the 90th day

14  prior to the certification hearing, such party shall be deemed

15  to have waived its right to be a party.

16         (c)  Notwithstanding the provisions of chapter 120,

17  upon the filing with the administrative law judge of a notice

18  of intent to be a party no later than 75 days after the

19  application is filed, the following shall also be parties to

20  the proceeding:

21         1.  Any agency not listed in paragraph (a) as to

22  matters within its jurisdiction.

23         2.  Any domestic nonprofit corporation or association

24  formed, in whole or in part, to promote conservation or

25  natural beauty; to protect the environment, personal health,

26  or other biological values; to preserve historical sites; to

27  promote consumer interests; to represent labor, commercial, or

28  industrial groups; or to promote comprehensive planning or

29  orderly development of the area in which the proposed

30  electrical power plant is to be located.

31  

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 1         (d)  Notwithstanding paragraph (e), failure of an

 2  agency described in subparagraph (c)1. to file a notice of

 3  intent to be a party within the time provided herein shall

 4  constitute a waiver of the right of that agency to participate

 5  as a party in the proceeding.

 6         (e)  Other parties may include any person, including

 7  those persons enumerated in paragraph (c) who have failed to

 8  timely file a notice of intent to be a party, whose

 9  substantial interests are affected and being determined by the

10  proceeding and who timely file a motion to intervene pursuant

11  to chapter 120 and applicable rules. Intervention pursuant to

12  this paragraph may be granted at the discretion of the

13  designated administrative law judge and upon such conditions

14  as he or she may prescribe any time prior to 30 days before

15  the commencement of the certification hearing.

16         (f)  Any agency, including those whose properties or

17  works are being affected pursuant to s. 403.509(4), shall be

18  made a party upon the request of the department or the

19  applicant.

20         (4)(a)  The order of presentation at the certification

21  hearing, unless otherwise changed by the administrative law

22  judge to ensure the orderly presentation of witnesses and

23  evidence, shall be:

24         1.  The applicant.

25         2.  The department.

26         3.  State agencies.

27         4.  Regional agencies, including regional planning

28  councils and water management districts.

29         5.  Local governments.

30         6.  Other parties.

31  

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 1         (b)  When appropriate, any person may be given an

 2  opportunity to present oral or written communications to the

 3  designated administrative law judge. If the designated

 4  administrative law judge proposes to consider such

 5  communications, then all parties shall be given an opportunity

 6  to cross-examine or challenge or rebut such communications.

 7         (5)  At the conclusion of the certification hearing,

 8  the designated administrative law judge shall, after

 9  consideration of all evidence of record, submit to the board a

10  recommended order no later than 45 days after the filing of

11  the hearing transcript.

12         (6)(a)  No earlier than 29 days prior to the conduct of

13  the certification hearing, the department or the applicant may

14  request that the administrative law judge cancel the

15  certification hearing and relinquish jurisdiction to the

16  department if all parties to the proceeding stipulate that

17  there are no disputed issues of fact or law to be raised at

18  the certification hearing, and if sufficient time remains for

19  the applicant and the department to publish public notices of

20  the cancellation of the hearing at least 3 days prior to the

21  scheduled date of the hearing.

22         (b)  The administrative law judge shall issue an order

23  granting or denying the request within 5 days after receipt of

24  the request.

25         (c)  If the administrative law judge grants the

26  request, the department and the applicant shall publish

27  notices of the cancellation of the certification hearing, in

28  accordance with s. 403.5115.

29         (d)1.  If the administrative law judge grants the

30  request, the department shall prepare and issue a final order

31  in accordance with s. 403.509(1)(a).

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 1         2.  Parties may submit proposed recommended orders to

 2  the department no later than 10 days after the administrative

 3  law judge issues an order relinquishing jurisdiction.

 4         (7)  The applicant shall pay those expenses and costs

 5  associated with the conduct of the hearings and the recording

 6  and transcription of the proceedings.

 7         (8)  In issuing permits under the federally approved

 8  new source review or prevention of significant deterioration

 9  permit program, the department shall observe the procedures

10  specified under the federally approved state implementation

11  plan, including public notice, public comment, public hearing,

12  and notice of applications and amendments to federal, state,

13  and local agencies, to assure that all such permits issued in

14  coordination with the certification of a power plant under

15  this act are federally enforceable and are issued after

16  opportunity for informed public participation regarding the

17  terms and conditions thereof. When possible, any hearing on a

18  federally approved or delegated program permit such as new

19  source review, prevention of significant deterioration permit,

20  or NPDES permit shall be conducted in conjunction with the

21  certification hearing held under this act. It is the intent of

22  the Legislature that the review, processing, and issuance of

23  such federally delegated or approved permits be closely

24  coordinated with the certification process established under

25  this part. In the event of a conflict between the

26  certification process and federally required procedures, the

27  applicable federal requirements shall control.

28         Section 14.  Subsection (5) of section 403.509, Florida

29  Statutes, is amended to read:

30         403.509  Final disposition of application.--

31  

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 1         (5)  For certifications that are issued by the board,

 2  in regard to the properties and works of any agency that which

 3  is a party to the certification hearing, the board shall have

 4  the authority to decide issues relating to the use, the

 5  connection thereto, or the crossing thereof, for the

 6  electrical power plant and directly associated facilities and

 7  to direct any such agency to execute, within 30 days after the

 8  entry of certification, the necessary license or easement for

 9  such use, connection, or crossing, subject only to the

10  conditions set forth in such certification. For certifications

11  that are issued by the department, in regard to the properties

12  and works of any agency that is a party to the proceeding, any

13  stipulation filed pursuant to s. 403.508(6)(a) must include a

14  stipulation regarding any issues relating to the use, the

15  connection thereto, or the crossing thereof, for the

16  electrical power plant and directly associated facilities. Any

17  agency stipulating to the use, connection to, or crossing of

18  its property must agree to execute, within 30 days after the

19  entry of certification, the necessary license or easement for

20  such use, connection, or crossing, subject only to the

21  conditions set forth in such certification.

22         Section 15.  Section 403.5113, Florida Statutes, is

23  amended to read:

24         403.5113  Postcertification amendments and review.--

25         (1)  POSTCERTIFICATION AMENDMENTS.--

26         (a)  If, subsequent to certification by the board, a

27  licensee proposes any material change to the application and

28  revisions or amendments thereto, as certified, the licensee

29  shall submit a written request for amendment and a description

30  of the proposed change to the application to the department.

31  Within 30 days after the receipt of the request for the

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 1  amendment, the department shall determine whether the proposed

 2  change to the application requires a modification of the

 3  conditions of certification.

 4         (b)(2)  If the department concludes that the change

 5  would not require a modification of the conditions of

 6  certification, the department shall provide written

 7  notification of the determination on approval of the proposed

 8  amendment to the licensee, all agencies, and all other

 9  parties.

10         (c)(3)  If the department concludes that the change

11  would require a modification of the conditions of

12  certification, the department shall provide written

13  notification to the licensee that the proposed change to the

14  application requires a request for modification pursuant to s.

15  403.516.

16         (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification

17  submittals filed by the licensee with one or more agencies are

18  for the purpose of monitoring for compliance with the issued

19  certification and must be reviewed by the agencies on an

20  expedited and priority basis because each facility certified

21  under this act is a critical infrastructure facility. In no

22  event shall a postcertification review be completed in more

23  than 90 days after complete information is submitted to the

24  reviewing agencies.

25         Section 16.  Section 403.5115, Florida Statutes, is

26  amended to read:

27         403.5115  Public notice.--

28         (1)  The following notices are to be published by the

29  applicant:

30         (a)  Notice of the filing of a notice of intent under

31  s. 403.5063, which shall be published within 21 days after the

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 1  filing of the notice. The notice shall be published as

 2  specified by subsection (2), except that the newspaper notice

 3  shall be one-fourth page in size in a standard size newspaper

 4  or one-half page in size in a tabloid size newspaper.

 5         (b)  Notice of filing of the application, which shall

 6  include a description of the proceedings required by this act,

 7  within 21 days after the date of the application filing. Such

 8  notice shall give notice of the provisions of s. 403.511(1)

 9  and (2).

10         (c)  Notice of the land use determination made pursuant

11  to s. 403.50665(1) within 21 days after the determination is

12  filed.

13         (d)  Notice of the land use hearing, which shall be

14  published as specified in subsection (2), no later than 15

15  days before the hearing.

16         (e)  Notice of the certification hearing and notice of

17  the deadline for filing notice of intent to be a party, which

18  shall be published as specified in subsection (2), at least 65

19  days before the date set for the certification hearing.

20         (f)  Notice of the cancellation of the certification

21  hearing, if applicable, no later than 3 days before the date

22  of the originally scheduled certification hearing.

23         (g)  Notice of modification when required by the

24  department, based on whether the requested modification of

25  certification will significantly increase impacts to the

26  environment or the public. Such notice shall be published as

27  specified under subsection (2):

28         1.  Within 21 days after receipt of a request for

29  modification. The newspaper notice shall be of a size as

30  directed by the department commensurate with the scope of the

31  modification.

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 1         2.  If a hearing is to be conducted in response to the

 2  request for modification, then notice shall be published no

 3  later than 30 days before the hearing.

 4         (h)  Notice of a supplemental application, which shall

 5  be published as specified in paragraph (b) and subsection (2).

 6         (i)  Notice of existing site certification pursuant to

 7  s. 403.5175. Notices shall be published as specified in

 8  paragraph (b) and subsection (2).

 9         (2)  Notices provided by the applicant shall be

10  published in newspapers of general circulation within the

11  county or counties in which the proposed electrical power

12  plant will be located. The newspaper notices shall be at least

13  one-half page in size in a standard size newspaper or a full

14  page in a tabloid size newspaper. These notices shall include

15  a map generally depicting the project and all associated

16  facilities corridors. A newspaper of general circulation shall

17  be the newspaper which has the largest daily circulation in

18  that county and has its principal office in that county. If

19  the newspaper with the largest daily circulation has its

20  principal office outside the county, the notices shall appear

21  in both the newspaper having the largest circulation in that

22  county and in a newspaper authorized to publish legal notices

23  in that county.

24         (3)  All notices published by the applicant shall be

25  paid for by the applicant and shall be in addition to the

26  application fee.

27         (4)  The department shall arrange for publication of

28  the following notices in the manner specified by chapter 120

29  and provide copies of those notices to any persons who have

30  requested to be placed on the departmental mailing list for

31  

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 1  this purpose for each case for which an application has been

 2  received by the department:

 3         (a)  Notice of the filing of the notice of intent

 4  within 15 days after receipt of the notice.

 5         (b)  Notice of the filing of the application, no later

 6  than 21 days after the application filing.

 7         (c)  Notice of the land use determination made pursuant

 8  to s. 403.50665(1) within 21 days after the determination is

 9  filed.

10         (d)  Notice of the land use hearing before the

11  administrative law judge, if applicable, no later than 10 15

12  days before the hearing.

13         (e)  Notice of the land use hearing before the board,

14  if applicable.

15         (f)  Notice of the certification hearing at least 45

16  days before the date set for the certification hearing.

17         (g)  Notice of the cancellation of the certification

18  hearing, if applicable, no later than 3 days prior to the date

19  of the originally scheduled certification hearing.

20         (h)  Notice of the hearing before the board, if

21  applicable.

22         (i)  Notice of stipulations, proposed agency action, or

23  petitions for modification.

24         (5)  A local government or regional planning council

25  that proposes to conduct an informational public meeting

26  pursuant to s. 403.50663 must publish notice of the meeting in

27  a newspaper of general circulation within the county or

28  counties in which the proposed electrical power plant will be

29  located no later than 7 days prior to the meeting. A newspaper

30  of general circulation is the newspaper that has the largest

31  daily circulation in that county and has its principal office

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 1  in that county. If the newspaper having the largest daily

 2  circulation has its principal office outside the county, the

 3  notices much appear in both the newspaper having the largest

 4  circulation in that county and in a newspaper authorized to

 5  publish legal notices in that county.

 6         Section 17.  Subsection (1) of section 403.5252,

 7  Florida Statutes, is amended to read:

 8         403.5252  Determination of completeness.--

 9         (1)(a)  Within 30 days after the filing distribution of

10  an application, the affected agencies shall file a statement

11  with the department containing the recommendations of each

12  agency concerning the completeness of the application for

13  certification.

14         (b)  Within 37 7 days after the filing receipt of the

15  application completeness statements of each agency, the

16  department shall file a statement with the Division of

17  Administrative Hearings, with the applicant, and with all

18  parties declaring its position with regard to the completeness

19  of the application. The statement of the department shall be

20  based upon its consultation with the affected agencies.

21         Section 18.  Subsection (6) of section 403.527, Florida

22  Statutes, is amended to read:

23         403.527  Certification hearing, parties,

24  participants.--

25         (6)(a)  No later than 29 25 days before the

26  certification hearing, the department or the applicant may

27  request that the administrative law judge cancel the

28  certification hearing and relinquish jurisdiction to the

29  department if all parties to the proceeding stipulate that

30  there are no disputed issues of material fact or law to be

31  raised at the certification hearing.

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 1         (b)  The administrative law judge shall issue an order

 2  granting or denying the request within 5 days.

 3         (c)  If the administrative law judge grants the

 4  request, the department and the applicant shall publish

 5  notices of the cancellation of the certification hearing in

 6  accordance with s. 403.5363.

 7         (d)1.  If the administrative law judge grants the

 8  request, the department shall prepare and issue a final order

 9  in accordance with s. 403.529(1)(a).

10         2.  Parties may submit proposed final orders to the

11  department no later than 10 days after the administrative law

12  judge issues an order relinquishing jurisdiction.

13         Section 19.  Subsection (1) of section 403.5271,

14  Florida Statutes, is amended to read:

15         403.5271  Alternate corridors.--

16         (1)  No later than 45 days before the originally

17  scheduled certification hearing, any party may propose

18  alternate transmission line corridor routes for consideration

19  under the provisions of this act.

20         (a)  A notice of a proposed alternate corridor must be

21  filed with the administrative law judge, all parties, and any

22  local governments in whose jurisdiction the alternate corridor

23  is proposed. The filing must include the most recent United

24  States Geological Survey 1:24,000 quadrangle maps specifically

25  delineating the corridor boundaries, a description of the

26  proposed corridor, and a statement of the reasons the proposed

27  alternate corridor should be certified.

28         (b)1.  Within 7 days after receipt of the notice, the

29  applicant and the department shall file with the

30  administrative law judge and all parties a notice of

31  acceptance or rejection of a proposed alternate corridor for

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 1  consideration. If the alternate corridor is rejected by the

 2  applicant or the department, the certification hearing and the

 3  public hearings shall be held as scheduled. If both the

 4  applicant and the department accept a proposed alternate

 5  corridor for consideration, the certification hearing and the

 6  public hearings shall be rescheduled, if necessary.

 7         2.  If rescheduled, the certification hearing shall be

 8  held no more than 90 days after the previously scheduled

 9  certification hearing, unless the data submitted under

10  paragraph (d) is determined to be incomplete, in which case

11  the rescheduled certification hearing shall be held no more

12  than 105 days after the previously scheduled certification

13  hearing. If additional time is needed due to the alternate

14  corridor crossing a local government jurisdiction that was not

15  previously affected, the remainder of the schedule listed

16  below shall be appropriately adjusted by the administrative

17  law judge to allow that local government to prepare a report

18  pursuant to s. 403.526(2)(a)5.

19         (c)  Notice of the filing of the alternate corridor, of

20  the revised time schedules, of the deadline for newly affected

21  persons and agencies to file notice of intent to become a

22  party, of the rescheduled hearing date, and of the proceedings

23  shall be published in accordance with s. 403.5363.

24         (d)  Within 21 days after acceptance of an alternate

25  corridor by the department and the applicant, the party

26  proposing an alternate corridor shall have the burden of

27  providing all data to the agencies listed in s. 403.526(2) and

28  newly affected agencies necessary for the preparation of a

29  supplementary report on the proposed alternate corridor.

30         (e)1.  Reviewing agencies shall advise the department

31  of any issues concerning completeness no later than 15 days

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 1  after the submittal of the data required by paragraph (d).

 2  Within 22 days after receipt of the data, the department shall

 3  issue a determination of completeness.

 4         2.  If the department determines that the data required

 5  by paragraph (d) is not complete, the party proposing the

 6  alternate corridor must file such additional data to correct

 7  the incompleteness. This additional data must be submitted

 8  within 14 days after the determination by the department.

 9         3.  Reviewing agencies may advise the department of any

10  issues concerning completeness of the additional data within

11  10 days after the filing by the applicant. If the department,

12  within 14 days after receiving the additional data, determines

13  that the data remains incomplete, the incompleteness of the

14  data is deemed a withdrawal of the proposed alternate

15  corridor. The department may make its determination based on

16  recommendations made by other affected agencies.

17         (f)  The agencies listed in s. 403.526(2) and any newly

18  affected agencies shall file supplementary reports with the

19  applicant and the department which address the proposed

20  alternate corridors no later than 24 days after the data

21  submitted pursuant to paragraph (d) or paragraph (e) is

22  determined to be complete.

23         (g)  The agency reports on alternate corridors must

24  include all information required by s. 403.526(2).

25         (h)  When an agency whose agency head is a collegial

26  body, such as a commission, board, or council, is required to

27  submit a report pursuant to this section and is required by

28  its own internal procedures to have the report reviewed by its

29  agency head prior to finalization, the agency may submit to

30  the department a draft version of the report by the deadline

31  indicated in paragraph (f), and shall submit a final version

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 1  of the report after review by the agency head no later than 7

 2  days after the deadline indicated in paragraph (f).

 3         (i)  The department shall file with the administrative

 4  law judge, the applicant, and all parties a project analysis

 5  consistent with s. 403.526(3) no more than 16 days after

 6  submittal of agency reports on the proposed alternate

 7  corridor.

 8         Section 20.  Section 403.5317, Florida Statutes, is

 9  amended to read:

10         403.5317  Postcertification activities.--

11         (1)(a)  If, subsequent to certification, a licensee

12  proposes any material change to the application or prior

13  amendments, the licensee shall submit to the department a

14  written request for amendment and description of the proposed

15  change to the application. The department shall, within 30

16  days after the receipt of the request for the amendment,

17  determine whether the proposed change to the application

18  requires a modification of the conditions of certification.

19         (b)  If the department concludes that the change would

20  not require a modification of the conditions of certification,

21  the department shall notify, in writing, the licensee, all

22  agencies, and all parties of the determination on approval of

23  the amendment.

24         (c)  If the department concludes that the change would

25  require a modification of the conditions of certification, the

26  department shall notify the licensee that the proposed change

27  to the application requires a request for modification under

28  s. 403.5315.

29         (2)  Postcertification submittals filed by a licensee

30  with one or more agencies are for the purpose of monitoring

31  for compliance with the issued certification. Each submittal

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 1  must be reviewed by each agency on an expedited and priority

 2  basis because each facility certified under this act is a

 3  critical infrastructure facility. Postcertification review may

 4  not be completed more than 90 days after complete information

 5  for a segment of the certified transmission line is submitted

 6  to the reviewing agencies.

 7         Section 21.  Subsection (3) of section 403.5363,

 8  Florida Statutes, is amended to read:

 9         403.5363  Public notices; requirements.--

10         (3)  The department shall arrange for the publication

11  of the following notices in the manner specified by chapter

12  120:

13         (a)  The notice of the filing of an application and the

14  date by which a person intending to become a party must file a

15  petition to intervene or a notice of intent to be a party. The

16  notice must be published no later than 21 days after the

17  application has been filed.

18         (b)  The notice of any administrative hearing for

19  certification, if applicable. The notice must be published not

20  less than 65 days before the date set for a hearing, except

21  that notice for a rescheduled certification hearing after

22  acceptance of an alternative corridor must be published not

23  less than 50 days before the date set for the hearing.

24         (c)  The notice of the cancellation of a certification

25  hearing, if applicable. The notice must be published not later

26  than 3 7 days before the date of the originally scheduled

27  certification hearing.

28         (d)  The notice of the hearing before the siting board,

29  if applicable.

30         (e)  The notice of stipulations, proposed agency

31  action, or a petition for modification.

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 1         Section 22.  Section 376.30715, Florida Statutes, is

 2  amended to read:

 3         376.30715  Innocent victim petroleum storage system

 4  restoration.--A contaminated site acquired by the current

 5  property owner prior to July 1, 1990, which has ceased

 6  operating as a petroleum storage or retail business prior to

 7  January 1, 1985, is eligible for financial assistance pursuant

 8  to s. 376.305(6), notwithstanding s. 376.305(6)(a). For the

 9  purposes of this section, the term "acquired" means the

10  acquisition of the title to the property; however, a

11  subsequent transfer of the property to a spouse, a surviving

12  spouse in trust or free of trust, or to a revocable trust

13  created for the benefit of the settlor shall not disqualify

14  the site from financial assistance pursuant to s. 376.305(6).

15  Eligible sites shall be ranked in accordance with s.

16  376.3071(5).

17         Section 23.  Chapter 325, Florida Statutes, consisting

18  of ss. 325.2055, 325.221, 325.222, and 325.223, Florida

19  Statutes, is repealed.

20         Section 24.  Section 403.0875, Florida Statutes, is

21  repealed.

22         Section 25.  Subsection (6) of section 373.459, Florida

23  Statutes, is amended to read:

24         373.459  Funds for surface water improvement and

25  management.--

26         (6)(a)  The match requirement of subsection (2) shall

27  not apply to the Suwannee River Water Management District, the

28  Northwest Florida Water Management District, or a financially

29  disadvantaged small local government as defined in s.

30  403.885(5).

31  

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 1         (b)  Notwithstanding the requirements of subsection

 2  (3), the Ecosystem Management and Restoration Trust Fund and

 3  the Water Protection and Sustainability Trust Fund shall be

 4  used for the deposit of funds appropriated by the Legislature

 5  for the purposes of ss. 373.451-373.4595. The department shall

 6  administer all funds appropriated to or received for surface

 7  water improvement and management activities. Expenditure of

 8  the moneys shall be limited to the costs of details planning

 9  and plan and program implementation for priority surface water

10  bodies. Moneys from the funds shall not be expended for

11  planning for, or construction or expansion of, treatment

12  facilities for domestic or industrial waste disposal.

13         (c)  Notwithstanding the requirements of subsection

14  (4), the department shall authorize the release of money from

15  the funds in accordance with the provisions of s. 373.501(2)

16  and procedures in s. 373.59(4) and (5).

17         (d)  Notwithstanding the requirements of subsection

18  (5), moneys in the Ecosystem Restoration and Management Trust

19  Fund that are not needed to meet current obligations incurred

20  under this section shall be transferred to the State Board of

21  Administration, to the credit of the trust fund, to be

22  invested in the manner provided by law. Interest received on

23  such investments shall be credited to the trust fund.

24         (e)  This subsection expires July 1, 2007.

25         Section 26.  The Department of Environmental Protection

26  shall conduct a salary study for environmental permitting

27  staff and submit a plan to the President of the Senate, the

28  Speaker of the House of Representatives, and the Legislative

29  Committee on Intergovernmental Relations by November 1, 2007,

30  which implements a pay parity compensation plan not to exceed

31  3 years beginning fiscal year 2009 which is comparable to

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 1  similar positions within water management districts, local

 2  governments, and the private sector marine construction

 3  industry. The plan shall enable the Department of

 4  Environmental Protection to attract, train, and retain

 5  qualified staff involved with environmental resource

 6  permitting and related wetlands permit programs at the state

 7  and district levels.

 8         Section 27.  The Department of Environmental Protection

 9  shall develop a project management plan to implement the

10  remaining phases of an e-permitting program that allows for

11  timely submittal, processing, and exchange of permit

12  application and compliance information that yields positive

13  benefits in support of the department's mission, permit

14  applicants, permit holders, and the public. The plan shall

15  include an implementation timetable, estimated costs, and

16  transaction fees. The Department of Environmental Protection

17  shall submit the plan to the President of the Senate, the

18  Speaker of the House of Representatives, and the Legislative

19  Committee on Intergovernmental Relations by November 1, 2007.

20         Section 28.  Notwithstanding any other provision of

21  law, a local government is prohibited from specifying the

22  method or format of a determination by the Department of

23  Environmental Protection or a water management district that a

24  project meets the provisions of authorization under chapter

25  253, chapter 373, or chapter 403, Florida Statutes.

26         Section 29.  Subsection (41) is added to section

27  403.061, Florida Statutes, to read:

28         403.061  Department; powers and duties.--The department

29  shall have the power and the duty to control and prohibit

30  pollution of air and water in accordance with the law and

31  rules adopted and promulgated by it and, for this purpose, to:

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 1         (41)  Maintain a list of projects or activities that

 2  applicants may consider when developing proposals to meet the

 3  applicable public interest and mitigation requirements of

 4  chapter 253, chapter 373, or this chapter. Maintenance of such

 5  a list is not a rule under the provisions of chapter 120, and

 6  listing of a specific project or activity shall not be

 7  construed to imply approval as meeting the conditions of

 8  issuance for an authorization for any specific project. County

 9  governments shall develop an inventory of projects or

10  activities for inclusion on the list by obtaining input from

11  local stakeholder groups in the public, private, and nonprofit

12  sectors to include: municipal and county governments, port

13  authorities, marine contractors and other representatives of

14  the marine construction industry, environmental or

15  conservation organizations, and other interested parties

16  representing working waterfronts.

17  

18  The department shall implement such programs in conjunction

19  with its other powers and duties and shall place special

20  emphasis on reducing and eliminating contamination that

21  presents a threat to humans, animals or plants, or to the

22  environment.

23         Section 30.  This act shall take effect July 1, 2007.

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS/CS/SB 2054

 3                                 

 4  Requires the Department of Environmental Protection to conduct
    a salary study of its environmental resource permitting staff
 5  and to develop a plan to implement the remaining phases of the
    e-permitting program.
 6  
    Clarifies the self-certification process for single family
 7  docks and other relevant projects.

 8  For the purpose of air and water quality control and pollution
    abatement, authorizes the department to maintain a list of
 9  projects or activities in order satisfy the public interest
    and mitigation requirements of law.
10  
    Directs county governments to develop an inventory of projects
11  or activities for inclusion on the list.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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