Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/27/2007 01:58 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on General Government Appropriations (Bennett)
12 recommended the following substitute for amendment (875768):
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 373.4132, Florida Statutes, is
19 amended to read:
20 373.4132 Dry storage facility permitting.--The
21 governing board or the department shall require a permit under
22 this part, including s. 373.4145, for the construction,
23 alteration, operation, maintenance, abandonment, or removal of
24 a dry storage facility for 10 or more vessels that is
25 functionally associated with a boat launching area; however,
26 developments of regional impact for which a development order
27 has been issued under chapter 380, before July 1,1995,
28 authorizing a dry slip storage that has yet to be constructed,
29 is entitled to the number of dry slips approved under the
30 development order subject to the condition that no more than
31 15 percent of the watercraft from the dry slip storage may
1
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 access the water each day. As part of an applicant's
2 demonstration that such a facility will not be harmful to the
3 water resources and will not be inconsistent with the overall
4 objectives of the district, the governing board or department
5 shall require the applicant to provide reasonable assurance
6 that the secondary impacts from the facility will not cause
7 adverse impacts to the functions of wetlands and surface
8 waters, including violations of state water quality standards
9 applicable to waters as defined in s. 403.031(13), and will
10 meet the public interest test of s. 373.414(1)(a), including
11 the potential adverse impacts to manatees. Nothing in This
12 section does not shall affect the authority of the governing
13 board or the department to regulate such secondary impacts
14 under this part for other regulated activities.
15 Section 2. Subsection (15) of section 373.414, Florida
16 Statutes, is amended to read:
17 373.414 Additional criteria for activities in surface
18 waters and wetlands.--
19 (15) Activities associated with mining operations as
20 defined by and subject to ss. 378.201-378.212 and
21 378.701-378.703 and included in a conceptual reclamation plan
22 or modification application submitted prior to July 1, 1996,
23 shall continue to be reviewed under the rules of the
24 department adopted pursuant to ss. 403.91-403.929, 1984
25 Supplement to the Florida Statutes 1983, as amended, the rules
26 of the water management districts under this part, and
27 interagency agreements, in effect on January 1, 1993. Such
28 activities are shall be exempt from rules adopted under
29 pursuant to subsection (9) and the statewide methodology
30 ratified under pursuant to s. 373.4211. As of January 1, 1994,
31 such activities may be issued permits authorizing construction
2
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 for the life of the mine. Lands added to a conceptual
2 reclamation plan subject to this subsection through a
3 modification submitted after July 1, 1996, which are
4 contiguous to the conceptual reclamation plan area are exempt
5 from rules adopted under subsection (9) if the total acreage
6 of the conceptual reclamation plan is not increased through
7 the modification and the cumulative acreage added does not
8 exceed 3 percent of the conceptual reclamation plan area.
9 Lands that have been mined or disturbed by mining activities,
10 lands subject to a conservation easement under which the
11 grantee is a state or federal regulatory agency, and lands
12 otherwise preserved as a part of a permitting review may not
13 be removed from the conceptual reclamation plan area under
14 this subsection.
15 Section 3. Section 373.4144, Florida Statutes, is
16 amended to read:
17 373.4144 Federal environmental permitting.--
18 (1) It is the intent of the Legislature to:
19 (a) Facilitate coordination and a more efficient
20 process of implementing regulatory duties and functions
21 between the Department of Environmental Protection, the water
22 management districts, the United States Army Corps of
23 Engineers, the United States Fish and Wildlife Service, the
24 National Marine Fisheries Service, the United States
25 Environmental Protection Agency, the Fish and Wildlife
26 Conservation Commission, and other relevant federal and state
27 agencies.
28 (b) Authorize the Department of Environmental
29 Protection to obtain from the United States Army Corps of
30 Engineers, under state and federal law and as set forth in
31 this section, an expanded state programmatic general permit,
3
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 or a series of regional general permits, for categories of
2 activities conducted in waters of the United States governed
3 by the Clean Water Act and in navigable waters under the
4 Rivers and Harbors Act of 1899 which are similar in nature,
5 which will cause only minimal adverse environmental effects
6 when performed separately, and which will have only minimal
7 cumulative adverse effects on the environment.
8 (c) Use a state general permit or regional general
9 permits to eliminate overlapping federal and state regulations
10 that relate to the same resource and to avoid duplication of
11 permitting between the United States Army Corps of Engineers
12 and the department for minor work located in waters of the
13 United States, including navigable waters, thus eliminating,
14 if appropriate, the need for separate approval from the United
15 States Army Corps of Engineers while ensuring the most
16 stringent protection of wetland resources.
17 (d) Direct the department to not seek issuance of or
18 take any action pursuant to obtaining a general permit or
19 regional general permits unless conditions are at least as
20 protective of the environment and natural resources as
21 existing state law under this part and federal law under the
22 Clean Water Act and the Rivers and Harbors Act of 1899.
23 (e) Add slash pine and gallberry to the state list of
24 facultative species as an incentive for and contingent upon
25 the alignment of federal and state wetland jurisdictional
26 delineation, so that the alignment eliminates an impediment to
27 obtaining authorization from the United States Army Corps of
28 Engineers for a state programmatic general permit or regional
29 general permits. The department is directed to develop, on or
30 before October 1, 2005, a mechanism or plan to consolidate, to
31 the maximum extent practicable, the federal and state wetland
4
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 permitting programs. It is the intent of the Legislature that
2 all dredge and fill activities impacting 10 acres or less of
3 wetlands or waters, including navigable waters, be processed
4 by the state as part of the environmental resource permitting
5 program implemented by the department and the water management
6 districts. The resulting mechanism or plan shall analyze and
7 propose the development of an expanded state programmatic
8 general permit program in conjunction with the United States
9 Army Corps of Engineers pursuant to s. 404 of the Clean Water
10 Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
11 seq., and s. 10 of the Rivers and Harbors Act of 1899.
12 Alternatively, or in combination with an expanded state
13 programmatic general permit, the mechanism or plan may propose
14 the creation of a series of regional general permits issued by
15 the United States Army Corps of Engineers pursuant to the
16 referenced statutes. All of the regional general permits must
17 be administered by the department or the water management
18 districts or their designees.
19 (2) In order to effectuate efficient wetland
20 permitting and avoid duplication, the department and water
21 management districts are authorized to implement a voluntary
22 state programmatic general permit for all dredge and fill
23 activities impacting 5 acres or less of wetlands or other
24 surface waters, including navigable waters, subject to
25 agreement with the United States Army Corps of Engineers, if
26 the general permit is at least as protective of the
27 environment and natural resources as existing state law under
28 this part and federal law under the Clean Water Act and the
29 Rivers and Harbors Act of 1899. The department is directed to
30 file with the Speaker of the House of Representatives and the
31 President of the Senate a report proposing any required
5
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 federal and state statutory changes that would be necessary to
2 accomplish the directives listed in this section and to
3 coordinate with the Florida Congressional Delegation on any
4 necessary changes to federal law to implement the directives.
5 (3) Nothing in This section does not shall be
6 construed to preclude the department from pursuing a series of
7 regional general permits for construction activities in
8 wetlands or surface waters or complete assumption of federal
9 permitting programs regulating the discharge of dredged or
10 fill material pursuant to s. 404 of the Clean Water Act, Pub.
11 L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s.
12 10 of the Rivers and Harbors Act of 1899., so long as The
13 assumption of federal permitting programs must encompass
14 encompasses all dredge and fill activities in, on, or over
15 jurisdictional wetlands or waters, including navigable waters,
16 within the state.
17 (4) The department shall report annually to the
18 Legislature on its efforts to eliminate impediments to
19 achieving greater efficiencies through expansion of a state
20 programmatic general permit or of regional general permits.
21 Section 4. Section 373.4212, Florida Statutes, is
22 created to read:
23 373.4212 Ratification of department rule; facultative
24 plants.--Pursuant to s. 373.421 and subject to the conditions
25 described in this section, the Legislature ratifies the change
26 to rule 62-340.450(3), Florida Administrative Code, approved
27 on February 23, 2006, by the Environmental Regulation
28 Commission which adds Pinus elliottii, and Ilex glabra to the
29 list of facultative plants. This ratification and the rule
30 revision may not take effect until state and federal wetland
31 jurisdictional delineation methodologies are aligned.
6
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 (1) Surface water and wetland delineations identified
2 and approved by a permit issued under rules adopted under this
3 part before the effective date of this act remain valid until
4 the expiration of the permit, notwithstanding the change to
5 rule 62-340.450(3). For purposes of this section, the term
6 "identified and approved" means:
7 (a) The delineation was field-verified by the
8 permitting agency and the verification was surveyed as part of
9 the application review process for the permit; or
10 (b) The delineation was field-verified by the
11 permitting agency and approved pursuant to the permit.
12 (2) Where surface water and wetland delineations were
13 not identified and approved under the permit issued under
14 rules adopted under this part, delineations within the
15 geographical area to which the permit applies shall be
16 determined pursuant to the rules applicable at the time the
17 permit was issued, notwithstanding the change to rule
18 62-340.450(3). This section also applies to any modification
19 of the permit issued under rules adopted under this part which
20 do not constitute a substantial modification within the
21 geographical area to which the permit applies.
22 (3) Any declaratory statement issued by the department
23 under s. 403.914, 1984 Supplement to the Florida Statutes
24 1983, as amended, pursuant to rules adopted thereunder, or by
25 the department or a water management district under s.
26 373.421, in response to a petition filed on or before the
27 effective date of this act shall continue to be valid for the
28 duration of such declaratory statement. Any petition pending
29 on or before the effective date of this act shall be exempt
30 from the change to rule 62-340.450(3) and shall be subject to
31 the provisions of chapter 62-340, Florida Administrative Code,
7
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 in effect prior to such change. Activities proposed within the
2 boundaries of a valid declaratory statement issued pursuant to
3 a petition submitted to either the department or the relevant
4 water management district on or before the effective date of
5 this act, or are validated jurisdictional determination prior
6 to its expiration, shall continue thereafter to be exempt from
7 the change to rule 62-340.450(3).
8 (4) A permit application under this part for dredging
9 and filling or other activity that is pending on or before the
10 effective date of this act is exempt from the change to rule
11 62-340.450(3).
12 (5) Activities associated with mining operations as
13 defined by and subject to ss. 378.201-378.212 and
14 378.701-378.703 and included in a conceptual reclamation plan
15 or modification application submitted on or before the
16 effective date of this act is exempt from change to rule
17 62-340.450(3).
18 Section 5. Subsection (5) is added to section 161.041,
19 Florida Statutes, to read:
20 161.041 Permits required.--
21 (5) When the department denies an application for a
22 permit, the department shall provide written notice to the
23 applicant. The notice must include legal authority for the
24 denial of the permit and a citation to the applicable portions
25 of an ordinance, rule, or statute.
26 Section 6. Subsection (2) of section 373.4141, Florida
27 Statutes, is amended to read:
28 373.4141 Permits; processing.--
29 (2) A permit shall be approved or denied within 90
30 days after receipt of the original application, the last item
31 of timely requested additional material, or the applicant's
8
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 written request to begin processing the permit application.
2 When the department or the district denies an application for
3 a permit, the department or the district shall provide written
4 notice to the applicant. The notice must include legal
5 authority for the denial of the permit and a citation to the
6 applicable portions of an ordinance, rule, or statute.
7 Section 7. Present subsection (9) of section 403.087,
8 Florida Statutes, is redesignated as subsection (10), and a
9 new subsection (9) is added to that section, to read:
10 403.087 Permits; general issuance; denial; revocation;
11 prohibition; penalty.--(9) When the department denies an
12 application for a permit, the department shall provide written
13 notice to the applicant. The notice must include legal
14 authority for the denial of the permit and a citation to the
15 applicable portions of an ordinance, rule, or statute.
16 Section 8. The Division of Statutory Revision is
17 directed to substitute the date on which this act takes effect
18 for the phrase "the effective date of this act" wherever it
19 occurs in provisions of s. 373.4212, Florida Statutes, as
20 amended by this act, when preparing that section for
21 publication in the next edition of the Florida Statutes.
22 Section 9. This act shall take effect upon becoming a
23 law.
24
25
26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
9
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 An act relating to environmental permitting;
2 amending s. 373.4132, F.S.; authorizing certain
3 dry slip storage to be constructed under
4 specified conditions; amending s. 373.414,
5 F.S.; providing that certain lands added to a
6 conceptual reclamation plan are exempt from
7 specified rules; amending s. 373.4144, F.S.;
8 providing legislative intent relating to
9 seeking permits from the United States Army
10 Corps of Engineers; revising provisions
11 requiring the Department of Environmental
12 Protection to develop and consolidate federal
13 and state wetland permitting programs;
14 authorizing implementation of a state
15 programmatic general permit or regional general
16 permits by the department and water management
17 districts for certain dredge and fill
18 activities; specifying conditions applicable to
19 such permit or permits; creating s. 373.4212,
20 F.S.; ratifying changes to department rule
21 relating to facultative plants; postponing the
22 effect of the rule until state and federal
23 wetland delineation methodologies are aligned;
24 providing for permit modification under certain
25 circumstances; providing for certain
26 declaratory statements from the department;
27 providing exemptions for certain permit
28 petitions and applications relating to
29 specified activities; amending ss. 161.041,
30 373.4141, and 403.087, F.S.; requiring the
31 department and water management districts to
10
10:05 AM 04/23/07 s2082d-ga21-k0e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2082
Barcode 052386
1 provide applicants with written notice of
2 permit denial; providing criteria for such
3 notice; providing a directive to the Division
4 of Statutory Revision; providing an effective
5 date.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
10:05 AM 04/23/07 s2082d-ga21-k0e