Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2082
                        Barcode 052386
                            CHAMBER ACTION
              Senate                               House
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       04/27/2007 01:58 PM         .                    
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11  The Committee on General Government Appropriations (Bennett)
12  recommended the following substitute for amendment (875768):
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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
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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