1 | A bill to be entitled |
2 | An act relating to environmental permitting; amending s. |
3 | 373.4132, F.S.; authorizing certain dry slip storage to be |
4 | constructed under specified conditions; amending s. |
5 | 373.414, F.S.; providing that certain lands added to a |
6 | conceptual reclamation plan are exempt from specified |
7 | rules; providing that certain lands may not be removed |
8 | from a conceptual reclamation plan area; amending s. |
9 | 373.4144, F.S.; providing legislative intent; revising |
10 | provisions requiring the Department of Environmental |
11 | Protection to develop and utilize a mechanism |
12 | consolidating federal and state wetland permitting |
13 | programs; authorizing implementation of a state |
14 | programmatic general permit or regional general permits by |
15 | the department and water management districts for certain |
16 | dredge and fill activities; specifying conditions |
17 | applicable to such permit or permits; amending s. |
18 | 373.4211, F.S.; revising the provisions concerning the |
19 | methodologies used to delineate the landward extent of |
20 | wetlands and surface waters; revising provisions |
21 | concerning the vegetative index used to delineate the |
22 | landward extent of wetlands and surface waters; providing |
23 | for permit modification under certain circumstances; |
24 | providing for certain declaratory statements from the |
25 | department; providing exemptions for certain permit |
26 | petitions and applications relating to specified |
27 | activities; amending ss. 161.041, 373.4141, and 403.087, |
28 | F.S.; requiring the department and water management |
29 | districts to provide applicants with written notice of |
30 | permit denial; providing criteria for such notice; |
31 | providing a directive to the Division of Statutory |
32 | Revision; providing an effective date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Section 373.4132, Florida Statutes, is amended |
37 | to read: |
38 | 373.4132 Dry storage facility permitting.--The governing |
39 | board or the department shall require a permit under this part, |
40 | including s. 373.4145, for the construction, alteration, |
41 | operation, maintenance, abandonment, or removal of a dry storage |
42 | facility for 10 or more vessels that is functionally associated |
43 | with a boat launching area; however, a development of regional |
44 | impact for which a development order has been issued under |
45 | chapter 380, before July 1, 1995, authorizing dry slip storage |
46 | that has yet to be constructed, is entitled to the number of dry |
47 | slips approved under the development order subject to the |
48 | condition that no more than 15 percent of the watercraft from |
49 | the dry slip storage may access the water each day. As part of |
50 | an applicant's demonstration that such a facility will not be |
51 | harmful to the water resources and will not be inconsistent with |
52 | the overall objectives of the district, the governing board or |
53 | department shall require the applicant to provide reasonable |
54 | assurance that the secondary impacts from the facility will not |
55 | cause adverse impacts to the functions of wetlands and surface |
56 | waters, including violations of state water quality standards |
57 | applicable to waters as defined in s. 403.031(13), and will meet |
58 | the public interest test of s. 373.414(1)(a), including the |
59 | potential adverse impacts to manatees. Nothing in This section |
60 | does not shall affect the authority of the governing board or |
61 | the department to regulate such secondary impacts under this |
62 | part for other regulated activities. |
63 | Section 2. Subsection (15) of section 373.414, Florida |
64 | Statutes, is amended to read: |
65 | 373.414 Additional criteria for activities in surface |
66 | waters and wetlands.-- |
67 | (15) Activities associated with mining operations as |
68 | defined by and subject to ss. 378.201-378.212 and 378.701- |
69 | 378.703 and included in a conceptual reclamation plan or |
70 | modification application submitted prior to July 1, 1996, shall |
71 | continue to be reviewed under the rules of the department |
72 | adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the |
73 | Florida Statutes 1983, as amended, the rules of the water |
74 | management districts under this part, and interagency |
75 | agreements, in effect on January 1, 1993. Such activities are |
76 | shall be exempt from rules adopted under pursuant to subsection |
77 | (9) and the statewide methodology ratified under pursuant to s. |
78 | 373.4211. As of January 1, 1994, such activities may be issued |
79 | permits authorizing construction for the life of the mine. Lands |
80 | added to a conceptual reclamation plan subject to this |
81 | subsection through a modification submitted after July 1, 1996, |
82 | which are contiguous to the conceptual reclamation plan area are |
83 | exempt from rules adopted under subsection (9) if the total |
84 | acreage of the conceptual reclamation plan is not increased |
85 | through the modification and the cumulative acreage added does |
86 | not exceed 3 percent of the conceptual reclamation plan area. |
87 | Lands that have been mined or disturbed by mining activities, |
88 | lands subject to a conservation easement under which the grantee |
89 | is a state or federal regulatory agency, and lands otherwise |
90 | preserved as a part of a permitting review may not be removed |
91 | from the conceptual reclamation plan area under this subsection. |
92 | Section 3. Section 373.4144, Florida Statutes, is amended |
93 | to read: |
94 | 373.4144 Federal environmental permitting.-- |
95 | (1) It is the intent of the Legislature to: |
96 | (a) Facilitate coordination and a more efficient process |
97 | of implementing regulatory duties and functions between the |
98 | Department of Environmental Protection, the water management |
99 | districts, the United States Army Corps of Engineers, the United |
100 | States Fish and Wildlife Service, the National Marine Fisheries |
101 | Service, the United States Environmental Protection Agency, the |
102 | Fish and Wildlife Conservation Commission, and other relevant |
103 | federal and state agencies. |
104 | (b) Authorize the Department of Environmental Protection |
105 | to obtain issuance by the United States Army Corps of Engineers, |
106 | pursuant to state and federal law and as set forth in this |
107 | section, of an expanded state programmatic general permit, or a |
108 | series of regional general permits, for categories of activities |
109 | in waters of the United States governed by the Clean Water Act |
110 | and in navigable waters under the Rivers and Harbors Act of 1899 |
111 | that are similar in nature, that will cause only minimal adverse |
112 | environmental effects when performed separately, and that will |
113 | have only minimal cumulative adverse effects on the environment. |
114 | (c) Utilize the mechanism of such a state general permit |
115 | or such regional general permits to eliminate overlapping |
116 | federal and state regulations that seek to protect the same |
117 | resource and to avoid duplication of permitting between the |
118 | United States Army Corps of Engineers and the department for |
119 | minor work located in waters of the United States, including |
120 | navigable waters, thus eliminating, in appropriate cases, the |
121 | need for a separate individual approval from the United States |
122 | Army Corps of Engineers while ensuring the most stringent |
123 | protection of wetland resources. |
124 | (d) Direct the department not to seek issuance of or take |
125 | any action pursuant to any such permit or permits unless such |
126 | conditions are at least as protective of the environment and |
127 | natural resources as existing state law under this part and |
128 | federal law under the Clean Water Act and the Rivers and Harbors |
129 | Act of 1899. |
130 | (e) Add slash pine and gallberry to the state list of |
131 | facultative species as an incentive for and contingent upon the |
132 | alignment of federal and state wetland jurisdictional |
133 | delineation, so that the alignment, which seeks to delineate the |
134 | same wetland communities, eliminates an impediment to obtaining |
135 | authorization from the United States Army Corps of Engineers for |
136 | a state programmatic general permit or regional general permits. |
137 | The department shall report annually to the Legislature on |
138 | efforts to eliminate impediments to achieving greater |
139 | efficiencies through expansion of a state programmatic general |
140 | permit or regional general permits. The department is directed |
141 | to develop, on or before October 1, 2005, a mechanism or plan to |
142 | consolidate, to the maximum extent practicable, the federal and |
143 | state wetland permitting programs. It is the intent of the |
144 | Legislature that all dredge and fill activities impacting 10 |
145 | acres or less of wetlands or waters, including navigable waters, |
146 | be processed by the state as part of the environmental resource |
147 | permitting program implemented by the department and the water |
148 | management districts. The resulting mechanism or plan shall |
149 | analyze and propose the development of an expanded state |
150 | programmatic general permit program in conjunction with the |
151 | United States Army Corps of Engineers pursuant to s. 404 of the |
152 | Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. |
153 | 1251 et seq., and s. 10 of the Rivers and Harbors Act of 1899. |
154 | Alternatively, or in combination with an expanded state |
155 | programmatic general permit, the mechanism or plan may propose |
156 | the creation of a series of regional general permits issued by |
157 | the United States Army Corps of Engineers pursuant to the |
158 | referenced statutes. All of the regional general permits must be |
159 | administered by the department or the water management districts |
160 | or their designees. |
161 | (2) In order to effectuate efficient wetland permitting |
162 | and avoid duplication, the department and water management |
163 | districts are authorized to implement a voluntary state |
164 | programmatic general permit for all dredge and fill activities |
165 | impacting 5 acres or less of wetlands or other surface waters, |
166 | including navigable waters, subject to agreement with the United |
167 | States Army Corps of Engineers, provided the general permit is |
168 | at least as protective of the environment and natural resources |
169 | as existing state law under this part and federal law under the |
170 | Clean Water Act and the Rivers and Harbors Act of 1899. The |
171 | department is directed to file with the Speaker of the House of |
172 | Representatives and the President of the Senate a report |
173 | proposing any required federal and state statutory changes that |
174 | would be necessary to accomplish the directives listed in this |
175 | section and to coordinate with the Florida Congressional |
176 | Delegation on any necessary changes to federal law to implement |
177 | the directives. |
178 | (3) Nothing in this section shall be construed to preclude |
179 | the department from pursuing a series of regional general |
180 | permits for construction activities in wetlands or surface |
181 | waters or complete assumption of federal permitting programs |
182 | regulating the discharge of dredged or fill material pursuant to |
183 | s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended, |
184 | 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors |
185 | Act of 1899, so long as the assumption encompasses all dredge |
186 | and fill activities in, on, or over jurisdictional wetlands or |
187 | waters, including navigable waters, within the state. |
188 | Section 4. Subsection (19) of section 373.4211, Florida |
189 | Statutes, is amended to read: |
190 | 373.4211 Ratification of chapter 17-340, Florida |
191 | Administrative Code, on the delineation of the landward extent |
192 | of wetlands and surface waters.--Pursuant to s. 373.421, the |
193 | Legislature ratifies chapter 17-340, Florida Administrative |
194 | Code, approved on January 13, 1994, by the Environmental |
195 | Regulation Commission, with the following changes: |
196 | (19)(a) Rule 17-340.450(3) is amended by adding, after the |
197 | species list, the following language: |
198 | "Within Monroe County and the Key Largo portion of Dade |
199 | County only, the following species shall be listed as |
200 | facultative: Alternanthera paronychioides, Byrsonima lucida, |
201 | Ernodea littoralis, Guapira discolor, Marnilkara bahamensis, |
202 | Pisonis rotundata, Pithecellobium keyensis, Pithecellobium |
203 | unquis-cati, Randia aculeata, Reynosia septentrionalis, and |
204 | Thrinax radiata." |
205 | (b) Pursuant to s. 373.421 and subject to the conditions |
206 | described in this paragraph, the Legislature ratifies the |
207 | changes to rule 62-340.450(3), Florida Administrative Code, |
208 | approved on February 23, 2006, by the Environmental Regulation |
209 | Commission that add slash pine (pinus elliotti) and gallberry |
210 | (flex glabral) to the list of facultative plants. However, this |
211 | ratification and the rule revision shall not take effect until |
212 | state and federal wetland jurisdictional delineation |
213 | methodologies are aligned. |
214 | (c) Surface water and wetland delineations identified and |
215 | approved by a permit issued under rules adopted under this part |
216 | prior to the effective date of this act shall remain valid until |
217 | expiration of such permit, notwithstanding the changes to rule |
218 | 62-340.450(3), Florida Administrative Code, as described in this |
219 | subsection. For purposes of this paragraph, the term "identified |
220 | and approved" means: |
221 | 1. The delineation was field verified by the permitting |
222 | agency and such verification was surveyed as part of the |
223 | application review process for the permit; or |
224 | 2. The delineation was field verified by the permitting |
225 | agency and approved pursuant to the permit. |
226 |
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227 | Where surface water and wetland delineations were not identified |
228 | and approved pursuant to the permit issued under rules adopted |
229 | under this part, delineations within the geographical area to |
230 | which such permit applies shall be determined pursuant to the |
231 | rules applicable at the time the permit was issued, |
232 | notwithstanding the changes to rule 62-340.450(3), Florida |
233 | Administrative Code, as described in this subsection. This |
234 | paragraph shall also apply to any modification of the permit |
235 | issued under rules adopted pursuant to this part that does not |
236 | constitute a substantial modification within the geographical |
237 | area to which the permit applies. |
238 | (d) Any declaratory statement issued by the department |
239 | under s. 403.914, 1984 Supplement to the Florida Statutes 1983, |
240 | as amended, pursuant to rules adopted thereunder, or by the |
241 | department or a water management district under s. 373.421, in |
242 | response to a petition filed on or before the effective date of |
243 | this act, shall continue to be valid for the duration of such |
244 | declaratory statement. Any such petition pending on or before |
245 | the effective date of this act shall be exempt from the changes |
246 | to rule 62-340.450(3), Florida Administrative Code, as described |
247 | in this subsection, and shall be subject to the provisions of |
248 | chapter 62-340, Florida Administrative Code, in effect prior to |
249 | such change. Activities proposed within the boundaries of a |
250 | valid declaratory statement issued pursuant to a petition |
251 | submitted to either the department or the relevant water |
252 | management district on or before the effective date of this act, |
253 | or a revalidated jurisdictional determination prior to its |
254 | expiration, shall continue thereafter to be exempt from the |
255 | changes to rule 62-340.450(3), Florida Administrative Code, as |
256 | described in this subsection. |
257 | (e) A permit application under this part for dredging and |
258 | filling or other activity that is pending on or before the |
259 | effective date of this act shall be exempt from the changes to |
260 | rule 62-340.450(3), Florida Administrative Code, as described in |
261 | this subsection. |
262 | (f) Activities associated with mining operations as |
263 | defined by and subject to ss. 378.201-378.212 and 378.701- |
264 | 378.703 and included in a conceptual reclamation plan or |
265 | modification application submitted on or before the effective |
266 | date of this act shall be exempt from changes to rule 62- |
267 | 340.450(3), Florida Administrative Code, as described in this |
268 | subsection. |
269 | Section 5. Subsection (5) is added to section 161.041, |
270 | Florida Statutes, to read: |
271 | 161.041 Permits required.-- |
272 | (5) When the department denies an application for a |
273 | permit, the department shall provide written notice to the |
274 | applicant. The notice shall include legal authority for the |
275 | denial of the permit and a citation to the applicable portions |
276 | of an ordinance, rule, or statute. |
277 | Section 6. Subsection (2) of section 373.4141, Florida |
278 | Statutes, is amended to read: |
279 | 373.4141 Permits; processing.-- |
280 | (2) A permit shall be approved or denied within 90 days |
281 | after receipt of the original application, the last item of |
282 | timely requested additional material, or the applicant's written |
283 | request to begin processing the permit application. When the |
284 | department or the district denies an application for a permit, |
285 | the department or the district shall provide written notice to |
286 | the applicant. The notice shall include legal authority for the |
287 | denial of the permit and a citation to the applicable portions |
288 | of an ordinance, rule, or statute. |
289 | Section 7. Subsection (2) of section 403.087, Florida |
290 | Statutes, is amended to read: |
291 | 403.087 Permits; general issuance; denial; revocation; |
292 | prohibition; penalty.-- |
293 | (2) The department shall adopt, and may amend or repeal, |
294 | rules for the issuance, denial, modification, and revocation of |
295 | permits under this section. When the department denies an |
296 | application for a permit, the department shall provide written |
297 | notice to the applicant. The notice shall include legal |
298 | authority for the denial of the permit and a citation to the |
299 | applicable portions of an ordinance, rule, or statute. |
300 | Section 8. The Division of Statutory Revision is directed |
301 | to substitute the date on which this act takes effect for the |
302 | phrase "the effective date of this act" wherever it occurs in |
303 | provisions of s. 373.4211, Florida Statutes, as amended by this |
304 | act, when preparing that section for publication in the next |
305 | edition of the Florida Statutes. |
306 | Section 9. This act shall take effect upon becoming a law. |