Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 2016 Barcode 921184 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/31/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Detert) recommended the following: 1 Senate Amendment 2 3 Delete lines 107 - 211 4 and insert: 5 Act of 1899. This subsection does not prevent the department or 6 water management districts from pursuing and implementing a 7 state programmatic permit for projects that have greater than 5 8 acres of wetlands or other surface waters.The department is9directed to file with the Speaker of the House of10Representatives and the President of the Senate a report11proposing any required federal and state statutory changes that12would be necessary to accomplish the directives listed in this13section and to coordinate with the Florida Congressional14Delegation on any necessary changes to federal law to implement15the directives.16 (3)Nothing inThis section does notshall be construed to17 preclude the department from pursuing a series of regional 18 general permits for construction activities in wetlands or 19 surface waters or the complete assumption of federal permitting 20 programs regulating the discharge of dredged or fill material 21 pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500, 22 as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers 23 and Harbors Act of 1899, so long as the assumption encompasses 24 all dredge and fill activities in, on, or over jurisdictional 25 wetlands or waters, including navigable waters, within the 26 state. 27 (4)(a) In order to assist in facilitating the objectives of 28 this section and to promote consistency between federal and 29 state mitigation requirements, the department and water 30 management districts shall compare their rules regarding 31 mitigation for adverse impacts to the mitigation rules of the 32 United States Army Corps of Engineers and the Environmental 33 Protection Agency in 73 Federal Register, pages 19594-19705 34 (2008). The comparison shall be done in consultation with 35 appropriate representatives of the United States Army Corps of 36 Engineers and the Environmental Protection Agency. After 37 performing the comparison, the department and water management 38 districts shall: 39 1. Identify any inconsistent or contradictory provisions; 40 and 41 2. Recommend appropriate revisions to the rules of the 42 department or water management districts to reduce inconsistent 43 or contradictory requirements in such a manner that will not 44 lessen environmental protection. The recommendations shall 45 include a consideration for increasing the geographic size of 46 drainage basins and regional watersheds to facilitate or reflect 47 a watershed approach to mitigation. 48 (b) The department and water management districts shall 49 submit a consolidated report regarding the requirements of this 50 subsection to the Governor, the Chair of the Senate 51 Environmental Preservation and Conservation Committee, and the 52 Chair of the House Agriculture and Natural Resources Policy 53 Committee by January 1, 2010. If the department and water 54 management districts believe any conflicting state law prevents 55 them from amending their rules to achieve the objectives of this 56 subsection, the report must identify such law and explain why it 57 prevents a rule amendment to achieve the objectives of this 58 subsection. 59 Section 2. Subsection (19) of section 373.4211, Florida 60 Statutes, is amended to read: 61 373.4211 Ratification of chapter 17-340, Florida 62 Administrative Code, on the delineation of the landward extent 63 of wetlands and surface waters.—Pursuant to s. 373.421, the 64 Legislature ratifies chapter 17-340, Florida Administrative 65 Code, approved on January 13, 1994, by the Environmental 66 Regulation Commission, with the following changes: 67 (19)(a) Rule 17-340.450(3) is amended by adding, after the 68 species list, the following language: 69 “Within Monroe County and the Key Largo portion of Miami 70 Dade County only, the following species shall be listed as 71 facultative: Alternanthera paronychioides, Byrsonima lucida, 72 Ernodea littoralis, Guapira discolor, Marnilkara bahamensis, 73 Pisonis rotundata, Pithecellobium keyensis, Pithecellobium 74 unquis-cati, Randia aculeata, Reynosia septentrionalis, and 75 Thrinax radiata.” 76 (b) Pursuant to s. 373.421 and subject to the conditions 77 described in this paragraph, the Legislature ratifies the 78 changes to rule 62-340.450(3), Florida Administrative Code, 79 approved on February 23, 2006, by the Environmental Regulation 80 Commission which added slash pine (pinus elliottii) and 81 gallberry (ilex glabra) to the list of facultative plants. 82 However, this ratification and the rule revision will not take 83 effect until a voluntary state programmatic general permit for 84 all dredge and fill activities affecting up to 5 acres or more 85 of wetlands or other surface waters is implemented as provided 86 in s. 373.4144(2). 87 (c) Unless the holder of a valid permit elects to use the 88 delineation line as amended to add slash pine (pinus elliottii) 89 and gallberry (ilex glabra) to the list of facultative plants, 90 the surface water and wetland delineations identified and 91 approved by a permit issued under rules adopted under this part 92 before July 1, 2009, remain valid until expiration of the 93 permit, notwithstanding the changes to rule 62-340.450(3), 94 Florida Administrative Code, as described in this subsection. 95 For purposes of this paragraph, the term “identified and 96 approved” means: 97 1. The delineation was field-verified by the permitting 98 agency and such verification was surveyed as part of the 99 application review process for the permit; or 100 2. The delineation was field-verified by the permitting 101 agency and approved pursuant to the permit. 102 103 Where surface water and wetland delineations were not identified 104 and approved pursuant to the permit issued under rules adopted 105 under this part, delineations within the geographical area to 106 which the permit applies shall be determined pursuant to the 107 rules applicable at the time the permit was issued, 108 notwithstanding the changes to rule 62-340.450(3), Florida 109 Administrative Code, as described in this subsection. This 110 paragraph also applies to any modification of the permit issued 111 under rules adopted pursuant to this part which does not 112 constitute a substantial modification within the geographical 113 area to which the permit applies. 114 (d) Unless the petitioner elects to use the delineation 115 line as amended to add slash pine (pinus elliottii) and 116 gallberry (ilex glabra) to the list of facultative plants, any 117 declaratory statement issued by the department