Florida Senate - 2009 CS for CS for SB 2026
By the Committees on Environmental Preservation and
Conservation; and Community Affairs; and Senator Altman
592-04887-09 20092026c2
1 A bill to be entitled
2 An act relating to regulatory reform; providing for an
3 extension and renewal of certain permits, development
4 orders, or other land use approvals; providing for
5 retroactive application of the extension and renewal;
6 amending s. 120.569, F.S.; providing for an electronic
7 notice of hearing rights; amending s. 120.60, F.S.,
8 relating to additional information for license
9 applications; providing for an agency to process a
10 permit application under certain circumstances;
11 amending s. 125.022, F.S.; providing that counties may
12 not require certain permits or approvals as a
13 condition of approving a development permit; creating
14 s. 161.032, F.S.; providing for review of
15 applications; providing requirements for timely
16 submittal of additional information requested;
17 providing circumstances in which an application may be
18 denied; amending s. 166.033, F.S.; providing that
19 municipalities may not require certain permits or
20 approvals as a condition of approving a development
21 permit; amending s. 253.034, F.S.; providing for the
22 deposition of dredged material on state-owned
23 submerged lands in certain circumstances and for
24 certain purposes; amending s. 373.026, F.S.; providing
25 for the expansion of Internet-based self-certification
26 for exemptions and general permits; amending s.
27 373.441, F.S.; restricting the authority of the
28 Department of Environmental Protection and the
29 appropriate water management district to regulate
30 certain activities delegated to a county,
31 municipality, or local pollution control program;
32 providing exceptions; amending s. 373.4141, F.S.;
33 providing requirements for requests for additional
34 information; amending s. 373.079, F.S.; requiring the
35 water management district governing boards to delegate
36 certain permitting responsibilities to the district
37 executive directors; amending s. 373.083, F.S.;
38 requiring the delegation of certain authority by the
39 governing board to the executive director of the water
40 management district; providing an exception to
41 requirements of ch. 120, F.S.; providing a
42 prohibition; amending s. 373.118, F.S.; providing for
43 the delegation of general permit authority by a water
44 management district governing board to the district
45 executive director; providing an exception to the
46 requirements of ch. 120, F.S.; amending s. 373.236,
47 F.S.; providing for 50-year consumptive use permits in
48 certain circumstances; providing requirements for
49 issuance of a permit; providing for certain permits to
50 be granted for terms of at least 25 years; requiring
51 reports by the permittees; amending s. 373.243, F.S.;
52 providing that certain permits may not be revoked
53 unless nonuse of the water supply allowed by the
54 permit is for 4 years or more; amending s. 373.406,
55 F.S.; providing a permit exemption for certain public
56 use facilities on county-owned natural areas; creating
57 s. 373.4061, F.S.; providing requirements for noticed
58 general permits for counties; providing requirements,
59 restrictions, and limitations; amending s. 403.061,
60 F.S.; amending the powers and duties of the Department
61 of Environmental Protection; providing that department
62 rules may include criteria for approval of certain
63 dock facilities; authorizing the department to
64 maintain certain lists of projects or activities that
65 meet specified mitigation or public-interest
66 requirements; providing an exception; providing
67 restrictions; requiring the department of implement a
68 project management plan to implement e-permitting;
69 providing project requirements; requiring the
70 department to submit the plan to the President of the
71 Senate and the Speaker of the House of Representatives
72 by January 15, 2010; authorizing the department to
73 expand the use of Internet-based self-certification
74 services for appropriate exemptions and general
75 permits; providing restrictions on local governments
76 relating to method or form of documentation; amending
77 s. 403.813, F.S., relating to permits issued at
78 district centers; providing exceptions; amending s.
79 403.814, F.S.; directing the Department of
80 Environmental Protection to expand the use of
81 Internet-based self-certification services for
82 exemptions and general permits; requiring the
83 submission of a report to the President of the Senate
84 and the Speaker of the House of Representatives;
85 amending s. 403.973, F.S., relating to expedited
86 permitting and comprehensive plan amendments;
87 specifying that certain biofuel projects are eligible
88 for expedited permitting; transferring certain
89 responsibilities from the Office of Tourism, Trade,
90 and Economic Development in the Executive Office of
91 the Governor to the Secretary of Environmental
92 Protection; revising the time by which certain final
93 orders must be issued; providing additional
94 requirements for recommended orders; amending s.
95 258.42, F.S.; authorizing the placement of roofs on
96 certain slips and private residential single-family
97 docks; providing that such roofs may not be included
98 in the calculation to determine the square footage of
99 the terminal platform; providing for retroactive
100 application of specified provisions; creating part IV
101 of ch. 369, F.S.; providing a short title; providing
102 legislative findings and intent with respect to the
103 need to protect and restore springs and ground water;
104 providing definitions; requiring the Department of
105 Environmental Protection to delineate the springsheds
106 of specified springs; requiring the department to
107 adopt spring protection zones by secretarial order;
108 requiring the department to adopt total maximum daily
109 loads and basin management action plans for spring
110 systems; providing effluent requirements for domestic
111 wastewater treatment facilities; providing
112 requirements for onsite sewage treatment and disposal
113 systems; providing requirements for agricultural
114 operations; authorizing the Department of
115 Environmental Protection, the Department of Health,
116 and the Department of Agriculture and Consumer
117 Services to adopt rules; amending s. 163.3177, F.S.;
118 requiring certain local governments to adopt a springs
119 protection element as one of the required elements of
120 the comprehensive plan by a specified date; providing
121 that certain design principles be included in the
122 element; requiring the Department of Environmental
123 Protection and the state land planning agency to make
124 information available concerning best-management
125 practices; prohibiting a local government that fails
126 to adopt a springs protection element from amending
127 its comprehensive plan; amending s. 403.1835, F.S.;
128 including certain areas of critical state concern and
129 the spring protection zones established by the act
130 among projects that are eligible for certain financial
131 assistance; requiring the Department of Environmental
132 Protection, the Department of Agriculture and Consumer
133 Services, and water management districts to assess
134 nitrogen loading and begin implementing management
135 plans within the spring protection zones by a
136 specified date; amending s. 381.0065, F.S.; requiring
137 the Department of Health to implement a statewide
138 onsite sewage treatment and disposal system inspection
139 program; providing a 10-year phase-in cycle; requiring
140 inspection; providing specific exemptions; providing
141 fee requirements; providing disposition of fees;
142 amending s. 259.105, F.S.; providing priority under
143 the Florida Forever Act for projects within a springs
144 protection zone; creating s. 403.9335, F.S.; providing
145 legislative findings; providing for model ordinances
146 for the protection of urban and residential
147 environments and water; requiring the Department of
148 Environmental Protection to adopt a model ordinance by
149 a specified date; requiring municipalities and
150 counties having impaired water bodies or segments to
151 adopt the ordinance; creating s. 403.9337, F.S.;
152 providing definitions; prohibiting use of certain
153 fertilizers after a specified date; providing for
154 exemptions; transferring by a type II transfer the
155 Bureau of Onsite Sewage from the Department of Health
156 to the Department of Environmental Protection;
157 amending s. 369.317, F.S.; clarifying mitigation
158 offsets in the Wekiva Study Area; amending s. 373.185,
159 F.S.; revising the definition of Florida-friendly
160 landscaping; deleting references to “xeriscape”;
161 requiring water management districts to provide model
162 Florida-friendly landscaping ordinances to local
163 governments; revising eligibility criteria for certain
164 incentive programs of the water management districts;
165 requiring certain local government ordinances and
166 amendments to include certain design standards and
167 identify specified invasive exotic plant species;
168 requiring water management districts to consult with
169 additional entities for activities relating to
170 Florida-friendly landscaping practices; specifying
171 programs for the delivery of educational programs
172 relating to such practices; providing legislative
173 findings; providing that certain regulations
174 prohibiting the implementation of Florida-friendly
175 landscaping or conflicting with provisions governing
176 the permitting of consumptive uses of water are
177 prohibited; providing that the act does not limit the
178 authority of the department or the water management
179 districts to require Florida-friendly landscaping
180 ordinances or practices as a condition of certain
181 permit; creating s. 373.187, F.S.; requiring water
182 management districts to implement Florida-friendly
183 landscaping practices on specified properties;
184 requiring districts to develop specified programs for
185 implementing such practices on other specified
186 properties; amending s. 373.228, F.S.; requiring water
187 management districts to work with specified entities
188 to develop certain standards; requiring water
189 management districts to consider certain information
190 in evaluating water use applications from public water
191 suppliers; conforming provisions to changes made by
192 the act; amending s. 373.323, F.S.; revising
193 application requirements for water well contractor
194 licensure; requiring applicants to provide specified
195 documentation; amending s. 373.333, F.S.; authorizing
196 an administrative fine to be imposed for each
197 occurrence of unlicensed well water contracting;
198 amending ss. 125.568, 166.048, 255.259, 335.167,
199 380.061, 388.291, 481.303, and 720.3075, F.S.;
200 conforming provisions to changes made by the act;
201 revising provisions requiring the use of Florida
202 friendly landscaping for specified public properties
203 and highway construction and maintenance projects;
204 establishing a task force to develop recommendations
205 relating to stormwater management system design;
206 specifying study criteria; providing for task force
207 membership, meetings, and expiration; requiring the
208 task force to submit findings and legislative
209 recommendations to the Legislature by a specified
210 date; providing effective dates.
211
212 Be It Enacted by the Legislature of the State of Florida:
213
214 Section 1. (1) Except as provided in subsection (4), and
215 in recognition of the 2009 real estate market conditions, any
216 permit issued by the Department of Environmental Protection or
217 by a water management district under part IV of chapter 373,
218 Florida Statutes, any development order issued by the Department
219 of Community Affairs pursuant to s. 380.06, Florida Statutes,
220 and any development order, building permit, or other land use
221 approval issued by a local government which expired or will
222 expire on or after September 1, 2008, but before September 1,
223 2011, is extended and renewed for a period of 2 years following
224 its date of expiration. For development orders and land use
225 approvals, including, but not limited to, certificates of
226 concurrency and development agreements, this extension also
227 includes phase, commencement, and buildout dates, including any
228 buildout date extension previously granted under s.
229 380.06(19)(c), Florida Statutes. This subsection does not
230 prohibit conversion from the construction phase to the operation
231 phase upon completion of construction for combined construction
232 and operation permits.
233 (2) The completion date for any required mitigation
234 associated with a phased construction project shall be extended
235 and renewed so that mitigation takes place in the same timeframe
236 relative to the phase as originally permitted.
237 (3) The holder of an agency or district permit or a
238 development order, building permit, or other land use approval
239 issued by a local government which is eligible for the 2-year
240 extension shall notify the authorizing agency in writing no
241 later than September 30, 2010, identifying the specific
242 authorization for which the holder intends to use the extended
243 or renewed permit, order, or approval.
244 (4) The extensions and renewals provided for in subsection
245 (1) do not apply to:
246 (a) A permit or other authorization under any programmatic
247 or regional general permit issued by the United States Army
248 Corps of Engineers.
249 (b) An agency or district permit or a development order,
250 building permit, or other land use approval issued by a local
251 government and held by an owner or operator determined to be in
252 significant noncompliance with the conditions of the permit,
253 order, or approval as established through the issuance of a
254 warning letter or notice of violation, the initiation of formal
255 enforcement, or other equivalent action by the authorizing
256 agency.
257 (5) Permits, development orders, and other land use
258 approvals extended and renewed under this section shall continue
259 to be governed by rules in effect at the time the permit, order,
260 or approval was issued. This subsection applies to any
261 modification of the plans, terms, and conditions of such permit,
262 development order, or other land use approval which lessens the
263 environmental impact, except that any such modification shall
264 not extend the permit, order, or other land use approval beyond
265 the 2 years authorized under subsection (1).
266 Section 2. Subsection (1) of section 120.569, Florida
267 Statutes, is amended to read:
268 120.569 Decisions which affect substantial interests.—
269 (1) The provisions of this section apply in all proceedings
270 in which the substantial interests of a party are determined by
271 an agency, unless the parties are proceeding under s. 120.573 or
272 s. 120.574. Unless waived by all parties, s. 120.57(1) applies
273 whenever the proceeding involves a disputed issue of material
274 fact. Unless otherwise agreed, s. 120.57(2) applies in all other
275 cases. If a disputed issue of material fact arises during a
276 proceeding under s. 120.57(2), then, unless waived by all
277 parties, the proceeding under s. 120.57(2) shall be terminated
278 and a proceeding under s. 120.57(1) shall be conducted. Parties
279 shall be notified of any order, including a final order. Unless
280 waived, a copy of the order shall be delivered or mailed to each
281 party or the party’s attorney of record at the address of
282 record. Each notice shall inform the recipient of any
283 administrative hearing or judicial review that is available
284 under this section, s. 120.57, or s. 120.68; shall indicate the
285 procedure which must be followed to obtain the hearing or
286 judicial review; and shall state the time limits which apply.
287 Notwithstanding any other provision of law, notice of the
288 procedure to obtain an administrative hearing or judicial
289 review, including any items required by the Uniform Rules of
290 Procedure adopted pursuant to s. 120.54(5), may be provided via
291 a link to a publicly available Internet site.
292 Section 3. Subsection (1) of section 120.60, Florida
293 Statutes, is amended to read:
294 120.60 Licensing.—
295 (1) Upon receipt of an application for a license, an agency
296 shall examine the application and, within 30 days after such
297 receipt, notify the applicant of any apparent errors or
298 omissions and request any additional information the agency is
299 permitted by law to require. If the applicant believes that the
300 request for such additional information is not authorized by law
301 or agency rule, the agency, at the applicant’s request, shall
302 proceed to process the permit application. An agency shall not
303 deny a license for failure to correct an error or omission or to
304 supply additional information unless the agency timely notified
305 the applicant within this 30-day period. An application shall be
306 considered complete upon receipt of all requested information
307 and correction of any error or omission for which the applicant
308 was timely notified or when the time for such notification has
309 expired. Every application for a license shall be approved or
310 denied within 90 days after receipt of a completed application
311 or the applicant’s written request to begin processing the
312 application, unless a shorter period of time for agency action
313 is provided by law. The 90-day time period shall be tolled by
314 the initiation of a proceeding under ss. 120.569 and 120.57. Any
315 application for a license that is not approved or denied within
316 the 90-day or shorter time period, within 15 days after
317 conclusion of a public hearing held on the application, or
318 within 45 days after a recommended order is submitted to the
319 agency and the parties, whichever action and timeframe is latest
320 and applicable, is considered approved unless the recommended
321 order recommends that the agency deny the license. Subject to
322 the satisfactory completion of an examination if required as a
323 prerequisite to licensure, any license that is considered
324 approved shall be issued and may include such reasonable
325 conditions as are authorized by law. Any applicant for licensure
326 seeking to claim licensure by default under this subsection
327 shall notify the agency clerk of the licensing agency, in
328 writing, of the intent to rely upon the default license
329 provision of this subsection, and shall not take any action
330 based upon the default license until after receipt of such
331 notice by the agency clerk.
332 Section 4. Section 125.022, Florida Statutes, is amended to
333 read:
334 125.022 Development permits.—When a county denies an
335 application for a development permit, the county shall give
336 written notice to the applicant. The notice must include a
337 citation to the applicable portions of an ordinance, rule,
338 statute, or other legal authority for the denial of the permit.
339 As used in this section, the term “development permit” has the
340 same meaning as in s. 163.3164. No county may require as a
341 condition of approval for a development permit that an applicant
342 obtain a permit or approval from any other state or federal
343 agency. Issuance of a development permit by a county does not in
344 any way create any rights on the part of an applicant to obtain
345 a permit from another state or federal agency and does not
346 create any liability on the part of the county for issuance of
347 the permit in the event that an applicant fails to fulfill its
348 legal obligations to obtain requisite approvals or fulfill the
349 obligations imposed by other state or federal agencies. Counties
350 may attach this disclaimer to the issuance of development
351 permits and may include a permit condition that all other
352 applicable state or federal permits must be obtained prior to
353 development. This shall not be construed to prohibit a county
354 from providing information to an applicant regarding what other
355 state or federal permits may be applicable.
356 Section 5. Section 161.032, Florida Statutes, is created to
357 read:
358 161.032 Application reviews; additional information.—
359 (1) Within 30 days after receipt of an application for a
360 permit under this part, the department shall review the
361 application and shall request submittal of all additional
362 information the department is permitted by law or rule to
363 require. If the applicant believes any request for additional
364 information is not authorized by law or rule, the applicant may
365 request a hearing pursuant to s. 120.57. Within 30 days after
366 receipt of such additional information, the department shall
367 review it and may request only that information needed to
368 clarify such additional information or to answer new questions
369 raised by or directly related to such additional information. If
370 the applicant believes the request of the department for such
371 additional information is not authorized by law or rule, the
372 department, at the applicant’s request, shall proceed to process
373 the permit application.
374 (2) Notwithstanding the provisions of s. 120.60, an
375 applicant for a permit under this part shall have 90 days
376 following the date of a timely request for additional
377 information to submit that information. If an applicant requires
378 more than 90 days in which to respond to a request for
379 additional information, the applicant may notify the agency
380 processing the permit application in writing of the
381 circumstances, at which time the application shall be held in
382 active status for no more than one additional period of up to 90
383 days. Additional extensions may be granted for good cause shown
384 by the applicant. A showing that the applicant is making a
385 diligent effort to obtain the requested additional information
386 constitutes good cause. Failure of an applicant to provide the
387 timely requested information by the applicable deadline shall
388 result in denial of the application without prejudice.
389 Section 6. Section 166.033, Florida Statutes, is amended to
390 read:
391 166.033 Development permits.—When a municipality denies an
392 application for a development permit, the municipality shall
393 give written notice to the applicant. The notice must include a
394 citation to the applicable portions of an ordinance, rule,
395 statute, or other legal authority for the denial of the permit.
396 As used in this section, the term “development permit” has the
397 same meaning as in s. 163.3164. No municipality may require as a
398 condition of approval for a development permit that an applicant
399 obtain a permit or approval from any other state or federal
400 agency. Issuance of a development permit by a municipality does
401 not in any way create any rights on the part of an applicant to
402 obtain a permit from another state or federal agency and does
403 not create any liability on the part of the municipality for
404 issuance of the permit in the event that an applicant fails to
405 fulfill its legal obligations to obtain requisite approvals or
406 fulfill the obligations imposed by other state or federal
407 agencies. Municipalities may attach this disclaimer to the
408 issuance of development permits and may include a permit
409 condition that all other applicable state or federal permits
410 must be obtained prior to development. This shall not be
411 construed to prohibit a municipality from providing information
412 to an applicant regarding what other state or federal permits
413 may be applicable.
414 Section 7. Present subsection (14) of section 253.034,
415 Florida Statutes, is renumbered as subsection (15), and a new
416 subsection (14) is added to that section, to read:
417 253.034 State-owned lands; uses.—
418 (14) Deposition of dredged material on state-owned
419 submerged lands for the purpose of restoring previously dredged
420 holes to natural conditions shall be conducted in such a manner
421 as to maximize environmental benefits. In such cases, the
422 dredged material shall be placed in the dredge hole at an
423 elevation consistent with the surrounding area to allow light
424 penetration so as to maximize propagation of native vegetation.
425 When available dredged material is of insufficient quantity to
426 raise the entire dredge hole to prior natural elevations,
427 placement shall be limited to a portion of the dredge hole where
428 elevations can be restored to natural elevations.
429 Section 8. Subsection (10) is added to section 373.026,
430 Florida Statutes, to read:
431 373.026 General powers and duties of the department.—The
432 department, or its successor agency, shall be responsible for
433 the administration of this chapter at the state level. However,
434 it is the policy of the state that, to the greatest extent
435 possible, the department may enter into interagency or
436 interlocal agreements with any other state agency, any water
437 management district, or any local government conducting programs
438 related to or materially affecting the water resources of the
439 state. All such agreements shall be subject to the provisions of
440 s. 373.046. In addition to its other powers and duties, the
441 department shall, to the greatest extent possible:
442 (10) Expand the use of Internet-based self-certification
443 services for appropriate exemptions and general permits issued
444 by the department and water management districts. In addition to
445 expanding the use of Internet-based self-certification services
446 for appropriate exemptions and general permits, the department
447 and water management districts shall identify and develop
448 general permits for activities currently requiring individual
449 review which could be expedited through the use of professional
450 certifications.
451 Section 9. Subsection (4) is added to section 373.441,
452 Florida Statutes, to read:
453 373.441 Role of counties, municipalities, and local
454 pollution control programs in permit processing.—
455 (4) Upon delegation to a qualified local government, the
456 department and water management district shall not regulate the
457 activities subject to the delegation within that jurisdiction
458 unless regulation is required pursuant to the terms of the
459 delegation agreement.
460 Section 10. Subsection (2) of section 373.4141, Florida
461 Statutes, is amended to read:
462 373.4141 Permits; processing.—
463 (2) An applicant for a permit under this part shall have 90
464 days following the date of a timely request for additional
465 information to submit that information. If an applicant requires
466 more than 90 days in which to respond to a request for
467 additional information, the applicant may notify the agency
468 processing the permit application in writing of the
469 circumstances, at which time the application shall be held in
470 active status for no more than one additional period of up to 90
471 days. Additional extensions may be granted for good cause shown
472 by the applicant. A showing that the applicant is making a
473 diligent effort to obtain the requested additional information
474 constitutes good cause. Failure of an applicant to provide the
475 timely requested information by the applicable deadline may
476 result in denial of the application without prejudice. A permit
477 shall be approved or denied within 90 days after receipt of the
478 original application, the last item of timely requested
479 additional material, or the applicant’s written request to begin
480 processing the permit application.
481 Section 11. Paragraph (a) of subsection (4) of section
482 373.079, Florida Statutes, is amended to read:
483 373.079 Members of governing board; oath of office; staff.—
484 (4)(a) The governing board of the district is authorized to
485 employ an executive director, ombudsman, and such engineers,
486 other professional persons, and other personnel and assistants
487 as it deems necessary and under such terms and conditions as it
488 may determine and to terminate such employment. The appointment
489 of an executive director by the governing board is subject to
490 approval by the Governor and must be initially confirmed by the
491 Florida Senate. The governing board may delegate all or part of
492 its authority under this paragraph to the executive director.
493 However, the governing board shall delegate all of its authority
494 to take final action on permit applications under part II or
495 part IV, or petitions for variances or waivers of permitting
496 requirements under part II or part IV, except as provided for
497 under ss. 373.083(5) and 373.118(4). This delegation is not
498 subject to the rulemaking requirements of chapter 120. The
499 executive director must be confirmed by the Senate upon
500 employment and must be confirmed or reconfirmed by the Senate
501 during the second regular session of the Legislature following a
502 gubernatorial election.
503 Section 12. Subsection (5) of section 373.083, Florida
504 Statutes, is amended to read:
505 373.083 General powers and duties of the governing board.—
506 In addition to other powers and duties allowed it by law, the
507 governing board is authorized to:
508 (5) Execute any of the powers, duties, and functions vested
509 in the governing board through a member or members thereof, the
510 executive director, or other district staff as designated by the
511 governing board. The governing board may establish the scope and
512 terms of any delegation. However, if The governing board shall
513 delegate to the executive director delegates the authority to
514 take final action on permit applications under part II or part
515 IV, or petitions for variances or waivers of permitting
516 requirements under part II or part IV, and this delegation is
517 not subject to the rulemaking requirements of chapter 120.
518 However, the governing board shall provide a process for
519 referring any denial of such application or petition to the
520 governing board to take final action. Such process shall
521 expressly prohibit any member of a governing board from
522 intervening in the review of an application prior to the
523 application being referred to the governing board for final
524 action. The authority in this subsection is supplemental to any
525 other provision of this chapter granting authority to the
526 governing board to delegate specific powers, duties, or
527 functions.
528 Section 13. Subsection (4) of section 373.118, Florida
529 Statutes, is amended to read:
530 373.118 General permits; delegation.—
531 (4) To provide for greater efficiency, the governing board
532 shall may delegate by rule its powers and duties pertaining to
533 general permits to the executive director and this delegation is
534 not subject to the rulemaking requirements of chapter 120. The
535 executive director may execute such delegated authority through
536 designated staff. However, when delegating the authority to take
537 final action on permit applications under part II or part IV or
538 petitions for variances or waivers of permitting requirements
539 under part II or part IV, the governing board shall provide a
540 process for referring any denial of such application or petition
541 to the governing board to take such final action.
542 Section 14. Subsections (6) and (7) are added to section
543 373.236, Florida Statutes, to read:
544 373.236 Duration of permits; compliance reports.—
545 (6)(a) The need for alternative water supply development
546 projects to meet anticipated public water supply demands of the
547 state is such that it is essential to encourage participation in
548 and contribution to such projects by private rural landowners
549 who characteristically have relatively modest near-term water
550 demands but substantially increasing demands after the 20-year
551 planning horizon provided in s. 373.0361. Where such landowners
552 make extraordinary contributions of lands or construction
553 funding to enable the expeditious implementation of such
554 projects, water management districts and the department are
555 authorized to grant permits for such projects for a period of up
556 to 50 years to municipalities, counties, special districts,
557 regional water supply authorities, multijurisdictional water
558 supply entities, and publicly owned or privately owned utilities
559 created for or by the private landowners on or before April 1,
560 2009, which entities have entered into an agreement with the
561 private landowner, for the purposes of more efficiently pursuing
562 alternative public water supply development projects identified
563 in a district’s regional water supply plan and meeting water
564 demands of both the applicant and the landowner.
565 (b) Any permit pursuant to paragraph (a) shall be granted
566 only for that period of time for which there is sufficient data
567 to provide reasonable assurance that the conditions for permit
568 issuance will be met. Such a permit shall require a compliance
569 report by the permittee every 5 years during the term of the
570 permit. The report shall contain sufficient data to maintain
571 reasonable assurance that the conditions for permit issuance,
572 applicable at the time of district review of the compliance
573 report, are met. Following review of the report, the governing
574 board or the department may modify the permit to ensure that the
575 use meets the conditions for issuance.
576
577 This subsection shall not be construed to limit the authority of
578 the department or a water management district governing board to
579 modify or revoke a consumptive use permit.
580 (7) A permit that is approved for the use of water for a
581 renewable energy generating facility or for cultivating
582 agricultural products on lands of 1,000 acres or more for
583 renewable energy, as defined in s. 366.91(2)(d), shall be
584 granted for a term of at least 25 years upon the applicant’s
585 request, based on the anticipated life of the facility, if there
586 is sufficient data to provide reasonable assurance that the
587 conditions for permit issuance will be met for the duration of
588 the permit. Otherwise, a permit may be issued for a shorter
589 duration that reflects the longest period for which such
590 reasonable assurances are provided. The permittee shall provide
591 a compliance report every 5 years during the term of the permit,
592 as required in subsection (4).
593 Section 15. Subsection (4) of section 373.243, Florida
594 Statutes, is amended to read:
595 373.243 Revocation of permits.—The governing board or the
596 department may revoke a permit as follows:
597 (4) For nonuse of the water supply allowed by the permit
598 for a period of 2 years or more, the governing board or the
599 department may revoke the permit permanently and in whole unless
600 the user can prove that his or her nonuse was due to extreme
601 hardship caused by factors beyond the user’s control. For a
602 permit having a duration determined under s. 373.236(7), the
603 governing board or the department has revocation authority only
604 if the nonuse of the water supply allowed by the permit is for a
605 period of 4 years or more.
606 Section 16. Subsection (12) is added to section 373.406,
607 Florida Statutes, to read:
608 373.406 Exemptions.—The following exemptions shall apply:
609 (12)(a) Construction of public use facilities on county
610 owned natural lands. Such facilities may include a parking lot,
611 including an access road, not to exceed a total size of 0.7
612 acres that is located entirely in uplands; at-grade access
613 trails located entirely in uplands; pile-supported boardwalks
614 having a maximum width of 6 feet, with exceptions for ADA
615 compliance; and pile-supported observation platforms each of
616 which shall not exceed 120 square feet in size.
617 (b) No fill shall be placed in, on, or over wetlands or
618 other surface waters except pilings for boardwalks and
619 observation platforms, all of which structures located in, on,
620 or over wetlands and other surface waters shall be sited,
621 constructed, and elevated to minimize adverse impacts to native
622 vegetation and shall be limited to an over-water surface area
623 not to exceed 0.5 acres. All stormwater flow from roads, parking
624 areas, and trails shall sheet flow into uplands, and the use of
625 pervious pavement is encouraged.
626 Section 17. Section 373.4061, Florida Statutes, is created
627 to read:
628 373.4061 Noticed general permit to counties for
629 environmental restoration activities.—
630 (1) A general permit is hereby granted to counties to
631 construct, operate, alter, maintain, or remove systems for the
632 purposes of environmental restoration or water quality
633 improvements, subject to the limitations and conditions of this
634 section.
635 (2) The following restoration activities are authorized by
636 this general permit:
637 (a) Backfilling of existing agricultural or drainage
638 ditches for the sole purpose of restoring a more natural
639 hydroperiod to publicly owned lands, provided that adjacent
640 properties are not adversely affected;
641 (b) Placement of riprap within 15 feet waterward of the
642 mean or ordinary high-water line for the purpose of preventing
643 or abating erosion of a predominantly natural shoreline,
644 provided that mangrove, seagrass, coral, sponge, and other
645 protected marine communities are not adversely affected;
646 (c) Placement of riprap within 10 feet waterward of an
647 existing seawall or bulkhead and backfilling of the area between
648 the riprap and seawall or bulkhead with clean fill for the sole
649 purpose of planting mangroves and Spartina sp., provided that
650 seagrass, coral, sponge, and other protected marine communities
651 are not adversely affected;
652 (d) Scrape down of spoil islands to an intertidal elevation
653 or a lower elevation at which light penetration is expected to
654 allow for seagrass recruitment;
655 (e) Backfilling of existing dredge holes that are at least
656 5 feet deeper than surrounding natural grades to an intertidal
657 elevation if doing so provides a regional net environmental
658 benefit or, at a minimum, to an elevation at which light
659 penetration is expected to allow for seagrass recruitment, with
660 no more than minimum displacement of highly organic sediments;
661 and
662 (f) Placement of rock riprap or clean concrete in existing
663 dredge holes that are at least 5 feet deeper than surrounding
664 natural grades, provided that placed rock or concrete does not
665 protrude above surrounding natural grades.
666 (3) In order to qualify for this general permit, the
667 activity must comply with the following:
668 (a) The project must be included in a management plan that
669 has been the subject of at least one public workshop;
670 (b) The county commission must conduct at least one public
671 hearing within 1 year before project initiation;
672 (c) No activity under this part may be considered as
673 mitigation for any other project;
674 (d) Activities in tidal waters are limited to those
675 waterbodies given priority restoration status pursuant to s.
676 373.453(1)(c); and
677 (e) Prior to submittal of a notice to use this general
678 permit, the county shall conduct at least one preapplication
679 meeting with appropriate district or department staff to discuss
680 project designs, implementation details, resource concerns, and
681 conditions for meeting applicable state water quality standards.
682 (4) This general permit shall be subject to the following
683 specific conditions:
684 (a) A project under this general permit shall not
685 significantly impede navigation or unreasonably infringe upon
686 the riparian rights of others. When a court of competent
687 jurisdiction determines that riparian rights have been
688 unlawfully affected, the structure or activity shall be modified
689 in accordance with the court’s decision;
690 (b) All erodible surfaces, including intertidal slopes
691 shall be revegetated with appropriate native plantings within 72
692 hours after completion of construction;
693 (c) Riprap material shall be clean limestone, granite, or
694 other native rock 1 foot to 3 feet in diameter;
695 (d) Fill material used to backfill dredge holes or seawall
696 planter areas shall be local, native material legally removed
697 from nearby submerged lands or shall be material brought to the
698 site, either of which shall comply with the standard of not more
699 than 10 percent of the material passing through a #200 standard
700 sieve and containing no more than 10 percent organic content,
701 and is free of contaminants that will cause violations of state
702 water quality standards;
703 (e) Turbidity shall be monitored and controlled at all
704 times such that turbidity immediately outside the project area
705 complies with rules 62-302 and 62-4.242, Florida Administrative
706 Code;
707 (f) Equipment, barges, and staging areas shall not be
708 stored or operated over seagrass, coral, sponge, or other
709 protected marine communities;
710 (g) Structures shall be maintained in a functional
711 condition and shall be repaired or removed if they become
712 dilapidated to such an extent that they are no longer
713 functional. This shall not be construed to prohibit the repair
714 or replacement subject to the provisions of rule 18-21.005,
715 Florida Administrative Code within 1 year after a structure is
716 damaged in a discrete event such as a storm, flood, accident, or
717 fire;
718 (h) All work under this general permit shall be conducted
719 in conformance with the general conditions of rule 62-341.215,
720 Florida Administrative Code;
721 (i) Construction, use, or operation of the structure or
722 activity shall not adversely affect any species that is
723 endangered, threatened or of special concern, as listed in rules
724 68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
725 Code; and
726 (j) The activity may not adversely impact vessels or
727 structures of archaeological or historical value relating to the
728 history, government, and culture of the state which are defined
729 as historic properties in s. 267.021(3).
730 (5) The district or department, as applicable, shall
731 provide written notification as to whether the proposed activity
732 qualifies for the general permit within 30 days after receipt of
733 written notice of a county’s intent to use the general permit.
734 If the district or department notifies the county that the
735 system does not qualify for a noticed general permit due to an
736 error or omission in the original notice to the district or the
737 department, the county shall have 30 days from the date of the
738 notification to amend the notice to use the general permit and
739 submit such additional information to correct such error or
740 omission.
741 (6) This general permit constitutes a letter of consent by
742 the Board of Trustees of the Internal Improvement Trust Fund
743 under chapters 253 and 258, where applicable, and chapters 18
744 18, 18-20, and 18-21, Florida Administrative Code, where
745 applicable, for the county to enter upon and use state-owned
746 submerged lands to the extent necessary to complete the
747 activities. No activities conducted under this general permit
748 shall divest the State of Florida from the continued ownership
749 of lands that were state-owned, sovereign submerged lands prior
750 to any use, construction, or implementation of this general
751 permit.
752 Section 18. Subsection (29) of section 403.061, Florida
753 Statutes, is amended, present subsection (40) of that section is
754 redesignated as subsection (43), and new subsections (40), (41),
755 and (42) are added to that section, to read:
756 403.061 Department; powers and duties.—The department shall
757 have the power and the duty to control and prohibit pollution of
758 air and water in accordance with the law and rules adopted and
759 promulgated by it and, for this purpose, to:
760 (29) Adopt by rule special criteria to protect Class II
761 shellfish harvesting waters. Rules previously adopted by the
762 department in rule 17-4.28(8)(a), Florida Administrative Code,
763 are hereby ratified and determined to be a valid exercise of
764 delegated legislative authority and shall remain in effect
765 unless amended by the Environmental Regulation Commission. Such
766 rules may include special criteria for approval of docking
767 facilities that have 10 or fewer slips if construction and
768 operation of such facilities will not result in the closure of
769 shellfish waters.
770 (40) Maintain a list of projects or activities, including
771 mitigation banks, which applicants may consider when developing
772 proposals to meet the mitigation or public-interest requirements
773 of chapter 253, chapter 373, or this chapter. The contents of
774 such a list are not a rule as defined in chapter 120, and
775 listing a specific project or activity does not imply approval
776 by the department for such project or activity. Each county
777 government is encouraged to develop an inventory of projects or
778 activities for inclusion on the list by obtaining input from
779 local stakeholder groups in the public, private, and nonprofit
780 sectors, including local governments, port authorities, marine
781 contractors, other representatives of the marine construction
782 industry, environmental or conservation organizations, and other
783 interested parties. Counties may establish dedicated funds for
784 depositing public-interest donations into a reserve for future
785 public-interest projects, including improvements to on-water law
786 enforcement activities.
787 (41) Develop a project management plan to implement an e
788 permitting program that allows for timely submittal and exchange
789 of permit application and compliance information and that yields
790 positive benefits in support of the department’s mission, permit
791 applicants, permitholders, and the public. The plan shall
792 include an implementation timetable, estimated costs, and
793 transaction fees. The department shall submit the plan to the
794 President of the Senate, the Speaker of the House of
795 Representatives, and the Legislative Committee on
796 Intergovernmental Relations by January 15, 2010.
797 (42) Expand the use of Internet-based self-certification
798 services for appropriate exemptions and general permits issued
799 by the department. Notwithstanding any other provision of law, a
800 local government is prohibited from specifying the method or
801 form of documentation that a project meets the provisions for
802 authorization under chapter 161, chapter 253, chapter 373, or
803 this chapter. This shall include Internet-based programs of the
804 department or water management district which provide for self
805 certification.
806 (43)(40) Serve as the state’s single point of contact for
807 performing the responsibilities described in Presidential
808 Executive Order 12372, including administration and operation of
809 the Florida State Clearinghouse. The Florida State Clearinghouse
810 shall be responsible for coordinating interagency reviews of the
811 following: federal activities and actions subject to the federal
812 consistency requirements of s. 307 of the Coastal Zone
813 Management Act; documents prepared pursuant to the National
814 Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the
815 Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
816 applications for federal funding pursuant to s. 216.212; and
817 other notices and information regarding federal activities in
818 the state, as appropriate. The Florida State Clearinghouse shall
819 ensure that state agency comments and recommendations on the
820 environmental, social, and economic impact of proposed federal
821 actions are communicated to federal agencies, applicants, local
822 governments, and interested parties.
823
824 The department shall implement such programs in conjunction with
825 its other powers and duties and shall place special emphasis on
826 reducing and eliminating contamination that presents a threat to
827 humans, animals or plants, or to the environment.
828 Section 19. Subsections (1) and (2) of section 403.813,
829 Florida Statutes, are amended to read:
830 403.813 Permits issued at district centers; exceptions.—
831 (1) A permit is not required under this chapter, chapter
832 373, chapter 61-691, Laws of Florida, or chapter 25214 or
833 chapter 25270, 1949, Laws of Florida, for activities associated
834 with the following types of projects; however, except as
835 otherwise provided in this subsection, nothing in this
836 subsection does not relieve relieves an applicant from any
837 requirement to obtain permission to use or occupy lands owned by
838 the Board of Trustees of the Internal Improvement Trust Fund or
839 any water management district in its governmental or proprietary
840 capacity or from complying with applicable local pollution
841 control programs authorized under this chapter or other
842 requirements of county and municipal governments:
843 (a) The installation of overhead transmission lines, with
844 support structures which are not constructed in waters of the
845 state and which do not create a navigational hazard.
846 (b) The installation and repair of mooring pilings and
847 dolphins associated with private docking facilities or piers and
848 the installation of private docks, piers and recreational
849 docking facilities, or piers and recreational docking facilities
850 of local governmental entities when the local governmental
851 entity’s activities will not take place in any manatee habitat,
852 any of which docks:
853 1. Has 500 square feet or less of over-water surface area
854 for a dock which is located in an area designated as Outstanding
855 Florida Waters or 1,000 square feet or less of over-water
856 surface area for a dock which is located in an area which is not
857 designated as Outstanding Florida Waters;
858 2. Is constructed on or held in place by pilings or is a
859 floating dock which is constructed so as not to involve filling
860 or dredging other than that necessary to install the pilings;
861 3. Shall not substantially impede the flow of water or
862 create a navigational hazard;
863 4. Is used for recreational, noncommercial activities
864 associated with the mooring or storage of boats and boat
865 paraphernalia; and
866 5. Is the sole dock constructed pursuant to this exemption
867 as measured along the shoreline for a distance of 65 feet,
868 unless the parcel of land or individual lot as platted is less
869 than 65 feet in length along the shoreline, in which case there
870 may be one exempt dock allowed per parcel or lot.
871
872 Nothing in this paragraph shall prohibit the department from
873 taking appropriate enforcement action pursuant to this chapter
874 to abate or prohibit any activity otherwise exempt from
875 permitting pursuant to this paragraph if the department can
876 demonstrate that the exempted activity has caused water
877 pollution in violation of this chapter.
878 (c) The installation and maintenance to design
879 specifications of boat ramps on artificial bodies of water where
880 navigational access to the proposed ramp exists or the
881 installation of boat ramps open to the public in any waters of
882 the state where navigational access to the proposed ramp exists
883 and where the construction of the proposed ramp will be less
884 than 30 feet wide and will involve the removal of less than 25
885 cubic yards of material from the waters of the state, and the
886 maintenance to design specifications of such ramps; however, the
887 material to be removed shall be placed upon a self-contained
888 upland site so as to prevent the escape of the spoil material
889 into the waters of the state.
890 (d) The replacement or repair of existing docks and piers,
891 except that no fill material is to be used and provided that the
892 replacement or repaired dock or pier is in the same location and
893 of the same configuration and dimensions as the dock or pier
894 being replaced or repaired. This does not preclude the use of
895 different construction materials or minor deviations to allow
896 upgrades to current structural and design standards.
897 (2) The provisions of subsection (1) (2) are superseded by
898 general permits established pursuant to ss. 373.118 and 403.814
899 which include the same activities. Until such time as general
900 permits are established, or if should general permits are be
901 suspended or repealed, the exemptions under subsection (1) (2)
902 shall remain or shall be reestablished in full force and effect.
903 Section 20. Subsection (12) is added to section 403.814,
904 Florida Statutes, to read:
905 403.814 General permits; delegation.—
906 (12) The department shall expand the use of Internet-based
907 self-certification services for appropriate exemptions and
908 general permits issued by the department and water management
909 districts. In addition, the department shall identify and
910 develop general permits for activities currently requiring
911 individual review which could be expedited through the use of
912 professional certifications. The department shall submit a
913 report on progress of these efforts to the President of the
914 Senate and the Speaker of the House of Representatives by
915 January 15, 2010.
916 Section 21. Section 403.973, Florida Statutes, is amended
917 to read:
918 403.973 Expedited permitting; comprehensive plan
919 amendments.—
920 (1) It is the intent of the Legislature to encourage and
921 facilitate the location and expansion of those types of economic
922 development projects which offer job creation and high wages,
923 strengthen and diversify the state’s economy, and have been
924 thoughtfully planned to take into consideration the protection
925 of the state’s environment. It is also the intent of the
926 Legislature to provide for an expedited permitting and
927 comprehensive plan amendment process for such projects.
928 (2) As used in this section, the term:
929 (a) “Duly noticed” means publication in a newspaper of
930 general circulation in the municipality or county with
931 jurisdiction. The notice shall appear on at least 2 separate
932 days, one of which shall be at least 7 days before the meeting.
933 The notice shall state the date, time, and place of the meeting
934 scheduled to discuss or enact the memorandum of agreement, and
935 the places within the municipality or county where such proposed
936 memorandum of agreement may be inspected by the public. The
937 notice must be one-eighth of a page in size and must be
938 published in a portion of the paper other than the legal notices
939 section. The notice shall also advise that interested parties
940 may appear at the meeting and be heard with respect to the
941 memorandum of agreement.
942 (b) “Jobs” means permanent, full-time equivalent positions
943 not including construction jobs.
944 (c) “Office” means the Office of Tourism, Trade, and
945 Economic Development.
946 (c)(d) “Permit applications” means state permits and
947 licenses, and at the option of a participating local government,
948 local development permits or orders.
949 (d) “Secretary” means the Secretary of Environmental
950 Protection, or his or her designee.
951 (3)(a) The secretary Governor, through the office, shall
952 direct the creation of regional permit action teams, for the
953 purpose of expediting review of permit applications and local
954 comprehensive plan amendments submitted by:
955 1. Businesses creating at least 50 100 jobs, or
956 2. Businesses creating at least 25 50 jobs if the project
957 is located in an enterprise zone, or in a county having a
958 population of less than 75,000 or in a county having a
959 population of less than 100,000 which is contiguous to a county
960 having a population of less than 75,000, as determined by the
961 most recent decennial census, residing in incorporated and
962 unincorporated areas of the county, or
963 (b) On a case-by-case basis and at the request of a county
964 or municipal government, the secretary office may certify as
965 eligible for expedited review a project not meeting the minimum
966 job creation thresholds but creating a minimum of 10 jobs. The
967 recommendation from the governing body of the county or
968 municipality in which the project may be located is required in
969 order for the secretary office to certify that any project is
970 eligible for expedited review under this paragraph. When
971 considering projects that do not meet the minimum job creation
972 thresholds but that are recommended by the governing body in
973 which the project may be located, the secretary office shall
974 consider economic impact factors that include, but are not
975 limited to:
976 1. The proposed wage and skill levels relative to those
977 existing in the area in which the project may be located;
978 2. The project’s potential to diversify and strengthen the
979 area’s economy;
980 3. The amount of capital investment; and
981 4. The number of jobs that will be made available for
982 persons served by the welfare transition program.
983 (c) At the request of a county or municipal government, the
984 secretary office or a Quick Permitting County may certify
985 projects located in counties where the ratio of new jobs per
986 participant in the welfare transition program, as determined by
987 Workforce Florida, Inc., is less than one or otherwise critical,
988 as eligible for the expedited permitting process. Such projects
989 must meet the numerical job creation criteria of this
990 subsection, but the jobs created by the project do not have to
991 be high-wage jobs that diversify the state’s economy.
992 (d) Projects located in a designated brownfield area are
993 eligible for the expedited permitting process.
994 (e) Projects that are part of the state-of-the-art
995 biomedical research institution and campus to be established in
996 this state by the grantee under s. 288.955 are eligible for the
997 expedited permitting process, if the projects are designated as
998 part of the institution or campus by the board of county
999 commissioners of the county in which the institution and campus
1000 are established.
1001 (f) Projects resulting in the cultivation of biofuel
1002 feedstock on lands 1,000 acres or larger or the construction of
1003 a biofuel or biodiesel processing facility or renewable energy
1004 generating facility as defined in s. 366.91(2)(d) are eligible
1005 for the expedited permitting process.
1006 (4) The regional teams shall be established through the
1007 execution of memoranda of agreement developed by the applicant
1008 and between the secretary, with input solicited from office and
1009 the respective heads of the Department of Environmental
1010 Protection, the Department of Community Affairs, the Department
1011 of Transportation and its district offices, the Department of
1012 Agriculture and Consumer Services, the Fish and Wildlife
1013 Conservation Commission, appropriate regional planning councils,
1014 appropriate water management districts, and voluntarily
1015 participating municipalities and counties. The memoranda of
1016 agreement should also accommodate participation in this
1017 expedited process by other local governments and federal
1018 agencies as circumstances warrant.
1019 (5) In order to facilitate local government’s option to
1020 participate in this expedited review process, the secretary
1021 office shall, in cooperation with local governments and
1022 participating state agencies, create a standard form memorandum
1023 of agreement. A local government shall hold a duly noticed
1024 public workshop to review and explain to the public the
1025 expedited permitting process and the terms and conditions of the
1026 standard form memorandum of agreement.
1027 (6) The local government shall hold a duly noticed public
1028 hearing to execute a memorandum of agreement for each qualified
1029 project. Notwithstanding any other provision of law, and at the
1030 option of the local government, the workshop provided for in
1031 subsection (5) may be conducted on the same date as the public
1032 hearing held under this subsection. The memorandum of agreement
1033 that a local government signs shall include a provision
1034 identifying necessary local government procedures and time
1035 limits that will be modified to allow for the local government
1036 decision on the project within 90 days. The memorandum of
1037 agreement applies to projects, on a case-by-case basis, that
1038 qualify for special review and approval as specified in this
1039 section. The memorandum of agreement must make it clear that
1040 this expedited permitting and review process does not modify,
1041 qualify, or otherwise alter existing local government
1042 nonprocedural standards for permit applications, unless
1043 expressly authorized by law.
1044 (7) At the option of the participating local government,
1045 appeals of local government approvals its final approval for a
1046 project shall may be pursuant to the summary hearing provisions
1047 of s. 120.574, pursuant to subsection (14), and be consolidated
1048 with the challenge of applicable state agency actions, if any or
1049 pursuant to other appellate processes available to the local
1050 government. The local government’s decision to enter into a
1051 summary hearing must be made as provided in s. 120.574 or in the
1052 memorandum of agreement.
1053 (8) Each memorandum of agreement shall include a process
1054 for final agency action on permit applications and local
1055 comprehensive plan amendment approvals within 90 days after
1056 receipt of a completed application, unless the applicant agrees
1057 to a longer time period or the secretary office determines that
1058 unforeseen or uncontrollable circumstances preclude final agency
1059 action within the 90-day timeframe. Permit applications governed
1060 by federally delegated or approved permitting programs whose
1061 requirements would prohibit or be inconsistent with the 90-day
1062 timeframe are exempt from this provision, but must be processed
1063 by the agency with federally delegated or approved program
1064 responsibility as expeditiously as possible.
1065 (9) The secretary office shall inform the Legislature by
1066 October 1 of each year to which agencies have not entered into
1067 or implemented an agreement and identify any barriers to
1068 achieving success of the program.
1069 (10) The memoranda of agreement may provide for the waiver
1070 or modification of procedural rules prescribing forms, fees,
1071 procedures, or time limits for the review or processing of
1072 permit applications under the jurisdiction of those agencies
1073 that are party to the memoranda of agreement. Notwithstanding
1074 any other provision of law to the contrary, a memorandum of
1075 agreement must to the extent feasible provide for proceedings
1076 and hearings otherwise held separately by the parties to the
1077 memorandum of agreement to be combined into one proceeding or
1078 held jointly and at one location. Such waivers or modifications
1079 shall not be available for permit applications governed by
1080 federally delegated or approved permitting programs, the
1081 requirements of which would prohibit, or be inconsistent with,
1082 such a waiver or modification.
1083 (11) The standard form memoranda of agreement shall include
1084 guidelines to be used in working with state, regional, and local
1085 permitting authorities. Guidelines may include, but are not
1086 limited to, the following:
1087 (a) A central contact point for filing permit applications
1088 and local comprehensive plan amendments and for obtaining
1089 information on permit and local comprehensive plan amendment
1090 requirements;
1091 (b) Identification of the individual or individuals within
1092 each respective agency who will be responsible for processing
1093 the expedited permit application or local comprehensive plan
1094 amendment for that agency;
1095 (c) A mandatory preapplication review process to reduce
1096 permitting conflicts by providing guidance to applicants
1097 regarding the permits needed from each agency and governmental
1098 entity, site planning and development, site suitability and
1099 limitations, facility design, and steps the applicant can take
1100 to ensure expeditious permit application and local comprehensive
1101 plan amendment review. As a part of this process, the first
1102 interagency meeting to discuss a project shall be held within 14
1103 days after the secretary’s office’s determination that the
1104 project is eligible for expedited review. Subsequent interagency
1105 meetings may be scheduled to accommodate the needs of
1106 participating local governments that are unable to meet public
1107 notice requirements for executing a memorandum of agreement
1108 within this timeframe. This accommodation may not exceed 45 days
1109 from the office’s determination that the project is eligible for
1110 expedited review;
1111 (d) The preparation of a single coordinated project
1112 description form and checklist and an agreement by state and
1113 regional agencies to reduce the burden on an applicant to
1114 provide duplicate information to multiple agencies;
1115 (e) Establishment of a process for the adoption and review
1116 of any comprehensive plan amendment needed by any certified
1117 project within 90 days after the submission of an application
1118 for a comprehensive plan amendment. However, the memorandum of
1119 agreement may not prevent affected persons as defined in s.
1120 163.3184 from appealing or participating in this expedited plan
1121 amendment process and any review or appeals of decisions made
1122 under this paragraph; and
1123 (f) Additional incentives for an applicant who proposes a
1124 project that provides a net ecosystem benefit.
1125 (12) The applicant, the regional permit action team, and
1126 participating local governments may agree to incorporate into a
1127 single document the permits, licenses, and approvals that are
1128 obtained through the expedited permit process. This consolidated
1129 permit is subject to the summary hearing provisions set forth in
1130 subsection (14).
1131 (13) Notwithstanding any other provisions of law:
1132 (a) Local comprehensive plan amendments for projects
1133 qualified under this section are exempt from the twice-a-year
1134 limits provision in s. 163.3187; and
1135 (b) Projects qualified under this section are not subject
1136 to interstate highway level-of-service standards adopted by the
1137 Department of Transportation for concurrency purposes. The
1138 memorandum of agreement specified in subsection (5) must include
1139 a process by which the applicant will be assessed a fair share
1140 of the cost of mitigating the project’s significant traffic
1141 impacts, as defined in chapter 380 and related rules. The
1142 agreement must also specify whether the significant traffic
1143 impacts on the interstate system will be mitigated through the
1144 implementation of a project or payment of funds to the
1145 Department of Transportation. Where funds are paid, the
1146 Department of Transportation must include in the 5-year work
1147 program transportation projects or project phases, in an amount
1148 equal to the funds received, to mitigate the traffic impacts
1149 associated with the proposed project.
1150 (14)(a) Challenges to state agency action in the expedited
1151 permitting process for projects processed under this section are
1152 subject to the summary hearing provisions of s. 120.574, except
1153 that the administrative law judge’s decision, as provided in s.
1154 120.574(2)(f), shall be in the form of a recommended order and
1155 shall not constitute the final action of the state agency. In
1156 those proceedings where the action of only one agency of the
1157 state is challenged, the agency of the state shall issue the
1158 final order within 45 10 working days after of receipt of the
1159 administrative law judge’s recommended order. The recommended
1160 order shall inform the parties of the right to file exceptions
1161 to the recommended order and to file responses thereto in
1162 accordance with the Uniform Rules of Procedure. In those
1163 proceedings where the actions of more than one agency of the
1164 state are challenged, the Governor shall issue the final order,
1165 except for the issuance of department licenses required under
1166 any federally delegated or approved permit program for which the
1167 department shall enter the final order, within 45 10 working
1168 days after of receipt of the administrative law judge’s
1169 recommended order. The recommended order shall inform the
1170 parties of the right to file exceptions to the recommended order
1171 and to file responses thereto in accordance with the Uniform
1172 Rules of Procedure. The participating agencies of the state may
1173 opt at the preliminary hearing conference to allow the
1174 administrative law judge’s decision to constitute the final
1175 agency action. If a participating local government agrees to
1176 participate in the summary hearing provisions of s. 120.574 for
1177 purposes of review of local government comprehensive plan
1178 amendments, s. 163.3184(9) and (10) apply.
1179 (b) Challenges to state agency action in the expedited
1180 permitting process for establishment of a state-of-the-art
1181 biomedical research institution and campus in this state by the
1182 grantee under s. 288.955 or projects identified in paragraph
1183 (3)(f) are subject to the same requirements as challenges
1184 brought under paragraph (a), except that, notwithstanding s.
1185 120.574, summary proceedings must be conducted within 30 days
1186 after a party files the motion for summary hearing, regardless
1187 of whether the parties agree to the summary proceeding.
1188 (15) The secretary office, working with the agencies
1189 providing cooperative assistance and input to participating in
1190 the memoranda of agreement, shall review sites proposed for the
1191 location of facilities eligible for the Innovation Incentive
1192 Program under s. 288.1089. Within 20 days after the request for
1193 the review by the secretary office, the agencies shall provide
1194 to the office a statement as to each site’s necessary permits
1195 under local, state, and federal law and an identification of
1196 significant permitting issues, which if unresolved, may result
1197 in the denial of an agency permit or approval or any significant
1198 delay caused by the permitting process.
1199 (16) This expedited permitting process shall not modify,
1200 qualify, or otherwise alter existing agency nonprocedural
1201 standards for permit applications or local comprehensive plan
1202 amendments, unless expressly authorized by law. If it is
1203 determined that the applicant is not eligible to use this
1204 process, the applicant may apply for permitting of the project
1205 through the normal permitting processes.
1206 (17) The secretary office shall be responsible for
1207 certifying a business as eligible for undergoing expedited
1208 review under this section. Enterprise Florida, Inc., a county or
1209 municipal government, or the Rural Economic Development
1210 Initiative may recommend to the secretary Office of Tourism,
1211 Trade, and Economic Development that a project meeting the
1212 minimum job creation threshold undergo expedited review.
1213 (18) The secretary office, working with the Rural Economic
1214 Development Initiative and the agencies participating in the
1215 memoranda of agreement, shall provide technical assistance in
1216 preparing permit applications and local comprehensive plan
1217 amendments for counties having a population of less than 75,000
1218 residents, or counties having fewer than 100,000 residents which
1219 are contiguous to counties having fewer than 75,000 residents.
1220 Additional assistance may include, but not be limited to,
1221 guidance in land development regulations and permitting
1222 processes, working cooperatively with state, regional, and local
1223 entities to identify areas within these counties which may be
1224 suitable or adaptable for preclearance review of specified types
1225 of land uses and other activities requiring permits.
1226 (19) The following projects are ineligible for review under
1227 this part:
1228 (a) A project funded and operated by a local government, as
1229 defined in s. 377.709, and located within that government’s
1230 jurisdiction.
1231 (b) A project, the primary purpose of which is to:
1232 1. Effect the final disposal of solid waste, biomedical
1233 waste, or hazardous waste in this state.
1234 2. Produce electrical power, unless the production of
1235 electricity is incidental and not the primary function of the
1236 project or the electrical power is derived from a renewable fuel
1237 source as defined by s. 366.91(2)(d).
1238 3. Extract natural resources.
1239 4. Produce oil.
1240 5. Construct, maintain, or operate an oil, petroleum,
1241 natural gas, or sewage pipeline.
1242 Section 22. Paragraph (e) of subsection (3) of section
1243 258.42, Florida Statutes, is amended to read:
1244 258.42 Maintenance of preserves.—The Board of Trustees of
1245 the Internal Improvement Trust Fund shall maintain such aquatic
1246 preserves subject to the following provisions:
1247 (3)(e) There shall be no erection of structures within the
1248 preserve, except:
1249 1. Private residential docks may be approved for reasonable
1250 ingress or egress of riparian owners. Slips located at private
1251 residential single-family docks that contain boat lifts or
1252 davits that do not float in the water when loaded may be roofed,
1253 but may not be, in whole or in part, enclosed with walls,
1254 provided that the roof shall not overhang more than 1 foot
1255 beyond the footprint of the boat lift. Such roofs may not be
1256 considered to be part of the square footage calculations of the
1257 terminal platform.
1258 2. Private residential multislip docks may be approved if
1259 located within a reasonable distance of a publicly maintained
1260 navigation channel, or a natural channel of adequate depth and
1261 width to allow operation of the watercraft for which the docking
1262 facility is designed without the craft having an adverse impact
1263 on marine resources. The distance shall be determined in
1264 accordance with criteria established by the trustees by rule,
1265 based on a consideration of the depth of the water, nature and
1266 condition of bottom, and presence of manatees.
1267 3. Commercial docking facilities shown to be consistent
1268 with the use or management criteria of the preserve may be
1269 approved if the facilities are located within a reasonable
1270 distance of a publicly maintained navigation channel, or a
1271 natural channel of adequate depth and width to allow operation
1272 of the watercraft for which the docking facility is designed
1273 without the craft having an adverse impact on marine resources.
1274 The distance shall be determined in accordance with criteria
1275 established by the trustees by rule, based on a consideration of
1276 the depth of the water, nature and condition of bottom, and
1277 presence of manatees.
1278 4. Structures for shore protection, including restoration
1279 of seawalls at their previous location or upland of or within 18
1280 inches waterward of their previous location, approved
1281 navigational aids, or public utility crossings authorized under
1282 paragraph (a) may be approved.
1283
1284 No structure under this paragraph or chapter 253 shall be
1285 prohibited solely because the local government fails to adopt a
1286 marina plan or other policies dealing with the siting of such
1287 structures in its local comprehensive plan.
1288 Section 23. Effective July 1, 2009, part IV of chapter 369,
1289 Florida Statutes, consisting of sections 369.401, 369.402,
1290 369.403, 369.404, 369.405, 369.406, 369.407, and 369.408, is
1291 created to read:
1292 369.401 Short title.—This part may be cited as the “Florida
1293 Springs Protection Act.”
1294 369.402 Legislative findings and intent.—
1295 (1) Florida’s springs are a precious and fragile natural
1296 resource that must be protected. Springs provide recreational
1297 opportunities for swimmers, canoeists, wildlife watchers, cave
1298 divers, and others. Because of the recreational opportunities
1299 and accompanying tourism, many of the state’s springs greatly
1300 benefit state and local economies. In addition, springs provide
1301 critical habitat for plants and animals, including many
1302 endangered or threatened species, and serve as indicators of
1303 groundwater and surface water quality.
1304 (2) In general, Florida’s springs, whether found in urban
1305 or rural settings, or on public or private lands, are threatened
1306 by actual, or potential, flow reductions and declining water
1307 quality. Many of Florida’s springs show signs of ecological
1308 imbalance, increased nutrient loading, and lowered water flow.
1309 Groundwater sources of spring discharges are recharged by
1310 seepage from the surface and through direct conduits such as
1311 sinkholes and can be adversely affected by polluted runoff from
1312 urban and agricultural lands and discharges resulting from poor
1313 wastewater management practices.
1314 (3) Springs and groundwater can be restored through good
1315 stewardship, including effective planning strategies, best
1316 management practices, and appropriate regulatory programs that
1317 preserve and protect the springs and their springsheds.
1318 369.403 Definitions.—As used in this part, the term:
1319 (1) “Cooperating entities” means the Department of
1320 Environmental Protection, the Department of Health, the
1321 Department of Agriculture and Consumer Services, the Department
1322 of Community Affairs, the Department of Transportation, and each
1323 water management district and those county and municipal
1324 governments having jurisdiction in the areas of the springs
1325 identified in s. 369.404.
1326 (2) “Department” means the Department of Environmental
1327 Protection.
1328 (3) “Estimated sewage flow” means the quantity of domestic
1329 and commercial wastewater in gallons per day which is expected
1330 to be produced by an establishment or single-family residence as
1331 determined by rule of the Department of Health.
1332 (4) “First magnitude spring” means a spring that has a
1333 median discharge of greater than or equal to 100 cubic feet per
1334 second for the period of record, as determined by the
1335 department.
1336 (5) “Karst” means landforms, generally formed by the
1337 dissolution of soluble rocks such as limestone or dolostone,
1338 forming direct connections to the groundwater such as springs,
1339 sinkholes, sinking streams, closed depressions, subterranean
1340 drainage, and caves.
1341 (6) “Onsite sewage treatment and disposal system” or
1342 “septic system” means a system that contains a standard
1343 subsurface, filled, or mound drainfield system; an aerobic
1344 treatment unit; a graywater system tank; a laundry wastewater
1345 system tank; a septic tank; a grease interceptor; a pump tank; a
1346 solids or effluent pump; a waterless, incinerating, or organic
1347 waste-composting toilet; or a sanitary pit privy that is
1348 installed or proposed to be installed beyond the building sewer
1349 on land of the owner or on other land to which the owner has the
1350 legal right to install a system. The term includes any item
1351 placed within, or intended to be used as a part of or in
1352 conjunction with, the system. This term does not include package
1353 sewage treatment facilities and other treatment works regulated
1354 under chapter 403.
1355 (7) “Second magnitude spring” means a spring that has a
1356 median discharge of 10 to 100 cubic feet per second for the
1357 period of record, as determined by the department.
1358 (8) “Spring” means a point where ground water is discharged
1359 onto the earth’s surface, including under any surface water of
1360 the state, including seeps. The term includes a spring run.
1361 (9) “Springshed” means those areas within the groundwater
1362 and surface water basins which contribute to the discharge of a
1363 spring.
1364 (10) “Usable property” means the area of the property
1365 expressed in acres exclusive of all paved areas and prepared
1366 road beds within public or private rights-of-way or easements
1367 and exclusive of surface water bodies.
1368 369.404 Designation of spring protection zones.—
1369 (1) All counties or municipalities in which there are
1370 located first or second magnitude springs are hereby designated
1371 as spring protection zones.
1372 (2) By July 1, 2010, the department is directed to propose
1373 for adoption rules to implement the requirements of this
1374 section.
1375 (a) Such rules at a minimum shall create a priority list of
1376 first and second magnitude springs designating them as high,
1377 medium, or low priority based on the following measurements of
1378 nitrate concentration in the water column at the point that
1379 the spring discharges onto the earth’s surface as an average
1380 annual concentration:
1381 1. High – nitrate greater than or equal to 1.0 milligrams
1382 per liter as determined using existing water quality data;
1383 2. Medium – nitrate greater than or equal to 0.5 milligrams
1384 per liter and less than 1.0 milligrams per liter as determined
1385 using existing water quality data; and
1386 3. Low – all first or second magnitude springs not
1387 categorized as either High or Medium.
1388 (b) Based on the priority determination of the department
1389 for first and second magnitude springs, the corresponding
1390 deadlines apply to the requirements of s. 369.405 to spring
1391 protection zones as designated in this section.
1392 1. For high-priority springs, the deadline for compliance
1393 shall be no later than July 1, 2016;
1394 2. For medium-priority springs, the deadline for compliance
1395 shall be no later than July 1, 2019; and
1396 3. For low-priority springs, the deadline for compliance
1397 shall be no later than July 1, 2024.
1398 (3) By July 1, 2010, the department is directed to propose
1399 for adoption rules that provide the minimum scientific
1400 methodologies, data, or tools that shall be used by a county or
1401 municipal government to support the request for an exemption as
1402 provided for in subsection (4).
1403 (4) A county or municipal government, upon application to
1404 the department, may seek to have specific geographic areas
1405 exempted from the requirements of sections 369.405, 369.406, and
1406 369.407 by demonstrating that activities within such areas will
1407 not impact the springshed in a manner that leads to new or
1408 continued degradation.
1409 (5) Pursuant to subsection (4), the department may approve
1410 or deny an application for an exemption, or may modify the
1411 boundaries of the specific geographic areas for which an
1412 exemption is sought. The ruling of the department on the
1413 applicant’s request shall constitute a final agency action
1414 subject to review pursuant to ss. 120.569 and 120.57.
1415 (6) By July 1, 2010, the department must conduct a study
1416 and report its findings of nitrate concentrations within spring
1417 protection zones designated pursuant to s. 369.404.
1418 369.405 Requirements for spring protection zones.—The
1419 requirements of this section are subject to the timelines
1420 established in s. 369.404.
1421 (1) Domestic wastewater discharge and wastewater residual
1422 application must comply with the requirements of this
1423 subsection.
1424 (a) All existing wastewater discharges from facilities
1425 having permitted capacities greater than or equal to 100,000
1426 gallons per day must achieve annual average total nitrogen
1427 concentrations less than or equal to 3 milligrams per liter, as
1428 nitrogen.
1429 (b) All existing wastewater discharges from facilities
1430 having permitted capacities less than 100,000 gallons per day
1431 but greater than 10,000 gallons per day must achieve annual
1432 average concentrations less than or equal to 10 milligrams per
1433 liter, as nitrogen.
1434 (2) Onsite sewage treatment and disposal systems in areas
1435 permitted to or that contain septic systems in densities greater
1436 than or equal to 640 systems per square mile must connect to a
1437 central wastewater treatment facility or other centralized
1438 collection and treatment system. For the purposes of this
1439 subsection, density must be calculated using the largest number
1440 of systems possible within a square mile.
1441 (3) Agricultural operations must implement applicable best
1442 management practices, including nutrient management, adopted by
1443 the Department of Agriculture and Consumer Services to reduce
1444 nitrogen impacts to ground water. By December 31, 2009, the
1445 Department of Agriculture and Consumer Services, in cooperation
1446 with the other cooperating entities and stakeholders, must
1447 develop and propose for adoption by rule equine and cow and calf
1448 best-management practices pursuant to this paragraph.
1449 Implementation must be in accordance with s. 403.067(7)(b).
1450 (4) Stormwater systems must comply with the requirements of
1451 this section. The department is directed to propose for adoption
1452 rules to implement the requirements of this subsection by July
1453 1, 2010.
1454 (a) Local governments, in cooperation with the water
1455 management districts, must develop and implement a remediation
1456 plan for all existing drainage wells containing strategies to
1457 reduce nitrogen loading to ground water to the maximum extent
1458 practicable. The department shall review and approve the
1459 remediation plan prior to implementation. All new drainage wells
1460 must comply with the department’s underground injection control
1461 rules.
1462 (b) Local governments must develop and implement a
1463 remediation plan for all stormwater management systems
1464 constructed prior to 1982 which have not been modified to
1465 provide stormwater treatment containing strategies to reduce
1466 nitrogen loading to ground water to the maximum extent
1467 practicable.
1468 (c) Local governments, in cooperation with the water
1469 management districts, must develop and implement a remediation
1470 plan to reduce nitrogen loading to ground water including
1471 reducing existing direct discharges of stormwater into
1472 groundwater through karst features to the maximum extent
1473 practicable. The department shall review and approve the
1474 remediation plan prior to implementation.
1475 (d) The Department of Transportation must identify any
1476 untreated stormwater discharges into ground water through
1477 natural subterranean drainages like sinkholes and develop and
1478 implement a remediation plan to reduce nitrogen loading to
1479 ground water including reducing existing such groundwater
1480 discharges to the maximum extent practicable. The department
1481 shall review and approve the remediation plan prior to
1482 implementation.
1483 (5) This subsection does not limit the department’s
1484 authority to require additional treatment or other actions
1485 pursuant to chapter 403, as necessary, to meet surface and
1486 groundwater quality standards.
1487 369.406 Additional requirements for all spring protection
1488 zones.
1489 (1) All newly constructed or expanded domestic wastewater
1490 facilities operational after July 1, 2012, must meet the
1491 advanced wastewater treatment requirements of s. 403.086(4).
1492 (2) For all development not permitted as of July 1, 2009,
1493 which has septic system densities greater than or equal to 640
1494 systems per square mile, connection to a central wastewater
1495 treatment facility or other centralized collection and treatment
1496 system is required. For the purposes of this subsection, density
1497 must be calculated using the largest number of systems possible
1498 within a square mile.
1499 (3) New septic systems required as a result of the
1500 mandatory inspection program provided for in s. 381.0065(3) and
1501 installed after July 1, 2009, must be designed to meet a target
1502 annual average groundwater concentration of no more than 3
1503 milligrams per liter total nitrogen at the owner’s property
1504 line. Compliance with these requirements does not require
1505 groundwater monitoring. The Department of Health shall develop
1506 and adopt by rule design standards for achieving this target
1507 annual average groundwater concentration. At a minimum, this
1508 standard must take into consideration the relationship between
1509 the treatment level achieved by the septic system and the area
1510 of usable property available for rainwater dilution.
1511 (4) Prior to adoption of the design standards by the
1512 Department of Health, compliance with the requirements in
1513 subsection (3) is presumed if one the following conditions are
1514 met:
1515 (a) The lot associated with the establishment or single
1516 family home is served by a septic system meeting the baseline
1517 system standards set forth in rules of the Department of Health,
1518 and the ratio of estimated sewage flow in gallons per day to
1519 acres of usable property is 100 to 1 or less.
1520 (b) The lot associated with the establishment or single
1521 family home is served by a septic system meeting at least the
1522 advanced secondary treatment standards for nitrogen as set forth
1523 in rules of the Department of Health, combined with a drip
1524 irrigation system, a shallow low pressure dosed or a time-dosed
1525 drainfield system.
1526 (c) The lot associated with the establishment or single
1527 family home is scheduled to connect to a central wastewater
1528 treatment facility within 6 months after the application for
1529 permit.
1530 (5) Subsection (4) does not supersede the jurisdictional
1531 flow limits established in s. 381.0065(3)(b).
1532 (6) Land application of septage is prohibited and subject
1533 to a $250 fine for a first offense and $500 fine for a second or
1534 subsequent offense pursuant to the authority granted to the
1535 Department of Health in s. 381.0065(3)(h).
1536 (7) Any septic system, when requiring repair, modification,
1537 or reapproval, must meet a 24-inch separation from the wet
1538 season water table and the surface water setback requirements in
1539 s. 381.0065(4). All treatment receptacles must be within one
1540 size of the requirements in rules of the Department of Health
1541 and must be tested for watertightness by a state-licensed septic
1542 tank contractor or plumber.
1543 (8) Each owner of a publicly owned or investor-owned
1544 sewerage system must notify all owners of septic systems,
1545 excluding approved graywater systems, of the availability of
1546 central sewerage facilities for purposes of connection pursuant
1547 to s. 381.00655(1) within 60 days after receipt of notification
1548 from the Department of Health that collection facilities for the
1549 central sewerage system have been cleared for use.
1550 (a) Notwithstanding s. 381.00655(2)(b), a publicly owned or
1551 investor-owned sewerage system may not waive the requirement for
1552 mandatory onsite sewage disposal connection to an available
1553 publicly owned or investor-owned sewerage system, except as
1554 provided in paragraph (b).
1555 (b) With the approval of the Department of Health, a
1556 publicly owned or investor-owned sewerage system may waive the
1557 requirement for mandatory onsite sewage disposal connection for
1558 a sewage treatment system that meets or exceeds standards
1559 established for septic systems if it determines that such
1560 connection is not required in the public interest due to water
1561 quality or public health considerations.
1562 (9) In hardship cases the Department of Health may grant
1563 variances to the provisions of this section and any rules
1564 adopted under this section in accordance with s. 381.0065(4)(h).
1565 (10) After July 1, 2010, land application of Class A, Class
1566 B, or Class AA wastewater residuals, as defined by department
1567 rule, is prohibited. This prohibition does not apply to Class AA
1568 residuals that are marketed and distributed as fertilizer
1569 products in accordance with department rule.
1570 (11) Animal feeding operations must implement the
1571 requirements of rules adopted by the department to reduce
1572 nitrogen impacts to ground water. By December 31, 2009, the
1573 department, in cooperation with the other cooperating entities
1574 and stakeholders, must develop and propose for adoption, revised
1575 rules for animal feeding operations which address requirements
1576 for lined wastewater storage ponds and the development and
1577 implementation of nutrient management plans, including the land
1578 spreading of animal waste not treated and packaged as
1579 fertilizer.
1580 (12) All county and municipal governments must, at a
1581 minimum, adopt the department’s model ordinance for Florida
1582 Friendly Fertilizer Use on Urban Landscapes located in the
1583 Florida-Friendly Landscape Guidance Models for Ordinances,
1584 Covenants and Restrictions (2009) by December 31, 2010.
1585 (13) The department and the water management districts
1586 shall adopt design criteria for stormwater treatment systems
1587 located within spring protection zones to minimize the movement
1588 of nitrogen into the ground water and to prevent the formation
1589 of sinkholes within stormwater systems.
1590 (14) This subsection does not limit the department’s
1591 authority to require additional treatment or other actions
1592 pursuant to chapter 403, as necessary, to meet surface and
1593 groundwater quality standards.
1594 369.407 Florida Springs Onsite Sewage Treatment and
1595 Disposal System Compliance Grant Program.—
1596 (1) The Florida Springs Onsite Sewage Treatment and
1597 Disposal System Compliance Grant Program is established in the
1598 department and shall be administered by it. The purpose of the
1599 program is to provide grants to low-income property owners in
1600 spring protection zones using septic systems to assist the
1601 property owners in complying with rules for these systems
1602 developed by the department, or the water management districts,
1603 or to connect to a central wastewater treatment facility or
1604 other centralized collection and treatment system pursuant to s.
1605 369.405(2) or s. 381.00655(1). The grant program is effective
1606 upon final adoption of the department rules and may be applied
1607 to costs incurred on or after such date.
1608 (2) Any property owner in a spring protection zone having
1609 an income less than or equal to 200 percent of the federal
1610 poverty level who is required by rule of the department or the
1611 water management districts to alter, repair, or modify any
1612 existing septic system to a nitrate-reducing system pursuant to
1613 s. 369.406(3), or to assist property owners with connecting to
1614 available publicly owned or investor-owned sewerage system
1615 pursuant to s. 381.00655(1), may apply to the department for a
1616 grant to assist the owner with the costs of compliance or
1617 connection.
1618 (3) The amount of the grant is limited to the cost
1619 differential between the replacement of a comparable existing
1620 septic system and that of an upgraded nitrate-reducing treatment
1621 system pursuant to s. 369.406(3), or the actual costs incurred
1622 from connection to a central wastewater treatment facility or
1623 other centralized collection and treatment system pursuant to s.
1624 385.00655(1), but may not exceed $5,000 per property.
1625 (4) The grant must be in the form of a rebate to the
1626 property owner for costs incurred in complying with the
1627 requirements for septic systems pursuant to s. 369.406(3), or
1628 incurred from connection to a central wastewater treatment
1629 facility or other centralized collection and treatment system
1630 pursuant to s. 381.00655(1). The property owner must provide
1631 documentation of those costs in the grant application to the
1632 department.
1633 (5) The department shall adopt rules providing forms,
1634 procedures, and requirements for applying for and disbursing
1635 grants, including bid requirements, and for documenting
1636 compliance or connection costs incurred.
1637 (6) The department, in coordination with the water
1638 management districts, shall continue to evaluate, by any means
1639 it deems appropriate, the level of nitrate deposited in Florida
1640 springs by septic systems.
1641 369.408 Rules.—
1642 (1) The department, the Department of Health, and the
1643 Department of Agriculture and Consumer Services may adopt rules
1644 pursuant to ss. 120.536(1) and 120.54 to administer the
1645 provisions of this part, as applicable.
1646 (2)(a) The Department of Agriculture and Consumer Services
1647 shall be the lead agency coordinating the reduction of
1648 agricultural nonpoint sources of pollution for springs
1649 protection. The Department of Agriculture and Consumer Services
1650 and the department pursuant to s. 403.067(7)(c)4., shall study
1651 and if necessary, in cooperation with the other cooperating
1652 entities, applicable county and municipal governments, and
1653 stakeholders, initiate rulemaking to implement new or revised
1654 best-management practices for improving and protecting springs.
1655 As needed to implement the new or revised practices, the
1656 Department of Agriculture and Consumer Services, shall revise
1657 its best-management practices rules to require implementation of
1658 the modified practice within a reasonable time period as
1659 specified in the rule.
1660 (b) The Department of Agriculture and Consumer Services,
1661 the department, and the Institute of Food an Agricultural
1662 Sciences at the University of Florida shall cooperate in the
1663 conduct of necessary research and demonstration projects to
1664 develop improved or additional nutrient management tools,
1665 including the use of controlled release fertilizer, which can be
1666 used by agricultural producers as part of an agricultural best
1667 management practices program. The development of such tools
1668 shall reflect a balance between water quality improvements and
1669 agricultural productivity and, where applicable, shall be
1670 incorporated into revised best-management practices adopted by
1671 rule of the Department of Agriculture and Consumer Services.
1672 (3) The department shall, as a part of the rules developed
1673 for this part, include provisions that allow for the variance of
1674 the compliance deadlines provided for in s. 369.404(2)(b). Such
1675 variance shall, at a minimum, be based on the financial ability
1676 of the responsible county or municipality to meet the
1677 requirements of this part.
1678 Section 24. Effective July 1, 2009, paragraph (l) is added
1679 to subsection (6) of section 163.3177, Florida Statutes, to
1680 read:
1681 163.3177 Required and optional elements of comprehensive
1682 plan; studies and surveys.—
1683 (6) In addition to the requirements of subsections (1)-(5)
1684 and (12), the comprehensive plan shall include the following
1685 elements:
1686 (l) In counties or municipalities, or portions thereof,
1687 designated as spring protection zones pursuant to s. 369.404,
1688 during the first comprehensive plan evaluation and appraisal
1689 report conducted after July 1, 2009, a spring protection measure
1690 that ensures the protection of and, where necessary, restoration
1691 of water quality in springs shall be added to the appropriate
1692 comprehensive plan element. The measure must address minimizing
1693 human impacts on springs from development through protecting
1694 karst features, as defined in s. 369.403, during and after the
1695 development process, ensuring that future development follows
1696 low-impact design principles, ensuring that landscaping and
1697 fertilizer use are consistent with the Florida Friendly
1698 Landscaping program, ensuring adequate open space, and providing
1699 for proper management of stormwater and wastewater to minimize
1700 their effects on the water quality of springs. The spring
1701 protection measure must be based on low-impact design,
1702 landscaping, and fertilizer best-management and use practices
1703 and principles developed by the Department of Environmental
1704 Protection and contained in the Florida Friendly Landscape
1705 Guidance Models for Ordinances, Covenants, and Restrictions. The
1706 Department of Environmental Protection and the state land
1707 planning agency shall make information concerning such best
1708 management and use practices and principles prominently
1709 available on their websites. In addition, all landscape design
1710 and irrigation systems must meet the standards established
1711 pursuant to s. 373.228(4). Failure to adopt a spring protection
1712 measure shall result in a prohibition on any plan amendments
1713 until the measure is adopted.
1714 Section 25. Effective July 1, 2009, subsection (7) of
1715 section 403.1835, Florida Statutes, is amended to read:
1716 403.1835 Water pollution control financial assistance.—
1717 (7) Eligible projects must be given priority according to
1718 the extent each project is intended to remove, mitigate, or
1719 prevent adverse effects on surface or ground water quality and
1720 public health. The relative costs of achieving environmental and
1721 public health benefits must be taken into consideration during
1722 the department’s assignment of project priorities. The
1723 department shall adopt a priority system by rule. In developing
1724 the priority system, the department shall give priority to
1725 projects that:
1726 (a) Eliminate public health hazards;
1727 (b) Enable compliance with laws requiring the elimination
1728 of discharges to specific water bodies, including the
1729 requirements of s. 403.086(9) regarding domestic wastewater
1730 ocean outfalls;
1731 (c) Assist in the implementation of total maximum daily
1732 loads and basin management action plans adopted under s.
1733 403.067;
1734 (d) Enable compliance with other pollution control
1735 requirements, including, but not limited to, toxics control,
1736 wastewater residuals management, and reduction of nutrients and
1737 bacteria;
1738 (e) Assist in the implementation of surface water
1739 improvement and management plans and pollutant load reduction
1740 goals developed under state water policy;
1741 (f) Promote reclaimed water reuse;
1742 (g) Eliminate environmental damage caused by failing onsite
1743 sewage treatment and disposal systems, with priority given to
1744 systems located within an area designated as an area of critical
1745 state concern under s. 380.05 or located in a spring protection
1746 zone designated pursuant to s. 369.404 or those that are causing
1747 environmental damage; or
1748 (h) Reduce pollutants to and otherwise promote the
1749 restoration of state Florida’s surface and ground waters.
1750 Section 26. Effective July 1, 2009, all state agencies and
1751 water management districts shall asses nitrogen loading from all
1752 publically owned buildings and facilities owned or managed by
1753 each respective agency or district located within a spring
1754 protection zone using a consistent methodology, evaluate
1755 existing management activities, and develop and begin
1756 implementing management plans to reduce adverse impacts to the
1757 springs no later than December 31, 2011.
1758 Section 27. Effective July 1, 2009, present paragraphs (d)
1759 through (n) of subsection (3) of section 381.0065, Florida
1760 Statutes, are redesignated as paragraphs (e) through (o),
1761 respectively, and a new paragraph (d) is added to that
1762 subsection, to read:
1763 381.0065 Onsite sewage treatment and disposal systems;
1764 regulation.—
1765 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
1766 department shall:
1767 (d) Develop and implement a mandatory statewide onsite
1768 sewage treatment and disposal system inspection program.
1769 1. The program shall:
1770 a. Be phased in over a 10-year cycle and provide that every
1771 system is inspected on a 5-year recurring cycle.
1772 b. Initially target those systems inspected under other
1773 departmental criteria.
1774 c. Provide for the exemption of those systems in areas
1775 where the density of systems is fewer than 1 per 3 acres unless
1776 the property abuts a water body or water segment that is listed
1777 as impaired pursuant to s. 403.067, or is within a county
1778 designated as a spring protection zone pursuant to s. 369.404.
1779 2. The department, local government, or state-licensed
1780 septic tank contractor or plumber shall charge an additional fee
1781 of up to $20 for each system inspected. Upon completion of the
1782 inspection, the entity conducting the inspection must submit an
1783 application for approval to the department and provide a copy to
1784 the owner. The department must approve the system for continued
1785 use or notify the owner of the requirement for a repair or
1786 modification permit.
1787 3. Revenues from the fee must be deposited in the
1788 appropriate department trust fund, and a minimum of 50 percent
1789 of the revenues shall be dedicated to the grant program created
1790 pursuant to s. 369.407.
1791 Section 28. Effective July 1, 2009, paragraph (m) is added
1792 to subsection (9) of section 259.105, Florida Statutes, to read:
1793 259.105 The Florida Forever Act.—
1794 (9) The Acquisition and Restoration Council shall recommend
1795 rules for adoption by the board of trustees to competitively
1796 evaluate, select, and rank projects eligible for Florida Forever
1797 funds pursuant to paragraph (3)(b) and for additions to the
1798 Conservation and Recreation Lands list pursuant to ss. 259.032
1799 and 259.101(4). In developing these proposed rules, the
1800 Acquisition and Restoration Council shall give weight to the
1801 following criteria:
1802 (m) Any part of the project area falls within a springs
1803 protection zone as defined by ss. 369.401-369.407.
1804 Section 29. Effective July 1, 2009, section 403.9335,
1805 Florida Statutes, is created to read:
1806 403.9335 Protection of urban and residential environments
1807 and water.—
1808 (1) The Legislature finds that the implementation of the
1809 department’s Model Ordinance for Florida-Friendly Fertilizer Use
1810 on Urban Landscapes located in the Florida-Friendly Landscape
1811 Guidance Models for Ordinances, Covenants, and Restrictions
1812 (2009) manual, which was developed consistent with the
1813 recommendations of the Florida Consumer Fertilizer Task Force,
1814 in concert with the provisions of the Labeling Requirements for
1815 Urban Turf Fertilizers found in chapter 5E-1 Florida
1816 Administrative Code, will assist in protecting the quality of
1817 Florida’s surface water and ground water resources. The
1818 Legislature further finds that local circumstances, including
1819 the varying types and conditions of water bodies, site-specific
1820 soils and geology, and urban or rural densities and
1821 characteristics, necessitates that additional or more stringent
1822 fertilizer-management practices may be needed at the local
1823 government level.
1824 (2) All county and municipal governments are encouraged to
1825 adopt and enforce the provisions in the department’s Model
1826 Ordinance for Florida-Friendly Fertilizer Use on Urban
1827 Landscapes as a mechanism for better protecting local surface
1828 water and ground water quality.
1829 (3) Each county and municipal government located within the
1830 watershed of a water body or water segment that is listed by the
1831 department as impaired by nutrients pursuant to s. 403.067, or
1832 designated as a spring protection zone pursuant to 369.404,
1833 shall adopt, at a minimum, the provisions of the department’s
1834 Model Ordinance for Florida-Friendly Fertilizer Use on Urban
1835 Landscapes. A county or municipal government may adopt
1836 additional or more stringent provisions than the model ordinance
1837 if the following criteria are met:
1838 (a) The county or municipal government has demonstrated, as
1839 part of a comprehensive program to address nonpoint sources of
1840 nutrient pollution which is science-based, economically and
1841 technically feasible, that additional or more stringent
1842 provisions to the model ordinance are necessary to adequately
1843 address urban fertilizer contributions to nonpoint source
1844 nutrient loading to a water body.
1845 (b) The county or municipal government documents
1846 consideration of all relevant scientific information, including
1847 input from the department, the Department of Agriculture and
1848 Consumer Services and the University of Florida Institute of
1849 Food and Agricultural Sciences, if provided, on the need for
1850 additional or more stringent provisions to address fertilizer
1851 use as a contributor to water quality degradation. All
1852 documentation shall be made part of the public record prior to
1853 adoption of the additional or more stringent criteria.
1854 (4) Any county or municipal government that has adopted its
1855 own fertilizer use ordinance before January 1, 2009, is exempt
1856 from the provisions of this section. Ordinances adopted or
1857 amended after January 1, 2009, shall adopt the provisions in the
1858 most recent version of the model fertilizer ordinance and shall
1859 be subject to the criteria described in subsections (1) and (2).
1860 (5) Nothing herein shall be construed to regulate the use
1861 of fertilizer on farm operations as defined in s. 823.14 or on
1862 lands classified as agricultural lands pursuant to s. 193.461.
1863 Section 30. Effective July 1, 2009, section 403.9337,
1864 Florida Statutes, is created to read:
1865 403.9337 Urban turf fertilizers.—
1866 (1) As used in this section, the term:
1867 (a) “No-phosphate fertilizer” or “no-phosphorus fertilizer”
1868 means fertilizer that contains less than 0.5 percent phosphate
1869 by weight.
1870 (b) “Urban turf” means noncropland planted, mowed, and
1871 managed grasses, including, but not limited to, residential
1872 lawns; turf on commercial property; filter strips; and turf on
1873 property owned by federal, state, or local governments and other
1874 public lands, including roadways, roadsides, parks, campsites,
1875 recreation areas, school grounds, and other public grounds. The
1876 term does not include pastures, hay production and grazing land,
1877 turf grown on sod farms, or any other form of agricultural
1878 production; golf courses or sports turf fields; or garden
1879 fruits, flowers, or vegetables.
1880 (c) “Soil test” means a test performed on soil planted or
1881 sodded, or that will be planted or sodded, by a laboratory
1882 approved by the Department of Agriculture and Consumer Services
1883 and performed within the last 2 years to indicate if the level
1884 of available phosphorus in the soil is sufficient to support
1885 healthy turf growth.
1886 (d) “Tissue test” means a test performed on plant tissue
1887 growing in the soil planted or sodded, or that will be planted
1888 or sodded, by a laboratory approved by the Department of
1889 Agriculture and Consumer Services and performed within the last
1890 2 years to indicate if the level of available phosphorus in the
1891 soil is sufficient to support healthy turf.
1892 (2) Other than no-phosphate and no-phosphorus fertilizers,
1893 fertilizer containing phosphorus may not be applied to urban
1894 turf anywhere in this state on or after July 1, 2011, unless a
1895 soil or tissue test that is conducted pursuant to a method
1896 approved by the Department of Agriculture and Consumer Services
1897 indicates:
1898 (a) For turf that is being initially established by seed or
1899 sod, the level of available phosphorus is insufficient to
1900 establish new turf growth and a root system. However, during the
1901 first year, a one-time application only of up to 1 pound of
1902 phosphate per 1,000 square feet of area may be applied.
1903 (b) For established turf, the level of available phosphorus
1904 is insufficient to support healthy turf growth. However, no more
1905 than 0.25 pound of phosphate per 1,000 square feet of area per
1906 each application may be applied, not to exceed 0.5 pound of
1907 phosphate per 1,000 square feet of area per year.
1908 Section 31. Effective July 1, 2010, all of the powers,
1909 duties, functions, records, personnel, and property; unexpended
1910 balances of appropriations, allocations, and other funds;
1911 administrative authority; administrative rules; pending issues;
1912 and existing contracts of the Bureau of Onsite Sewage Programs
1913 in the Department of Health, as authorized and governed by ss.
1914 20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
1915 381.0061, 381.0064-381.0068, and 489.551-558, Florida Statutes,
1916 are transferred by a type II transfer, pursuant to s. 20.06(2),
1917 Florida Statutes, to the Department of Environmental Protection.
1918 In addition, all existing powers, duties, functions, records,
1919 personnel, and property; unexpended balances of appropriations,
1920 allocations, and other funds; administrative authority;
1921 administrative rules; pending issues; and existing contracts
1922 associated with county health departments’ onsite sewage
1923 programs are transferred to the Department of Environmental
1924 Protection.
1925 Section 32. Effective July 1, 2009, subsection (6) of
1926 section 369.317, Florida Statutes, is amended to read:
1927 369.317 Wekiva Parkway.—
1928 (6) The Orlando-Orange County Expressway Authority is
1929 hereby granted the authority to act as a third-party acquisition
1930 agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1931 or chapter 373 on behalf of the governing board of the St. Johns
1932 River Water Management District, for the acquisition of all
1933 necessary lands, property and all interests in property
1934 identified herein, including fee simple or less-than-fee simple
1935 interests. The lands subject to this authority are identified in
1936 paragraph 10.a., State of Florida, Office of the Governor,
1937 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1938 of the Wekiva Basin Area Task Force created by Executive Order
1939 2002-259, such lands otherwise known as Neighborhood Lakes, a
1940 1,587+/- acre parcel located in Orange and Lake Counties within
1941 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1942 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1943 Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
1944 County within Section 37, Township 19 South, Range 28 East; New
1945 Garden Coal; a 1,605+/- acre parcel in Lake County within
1946 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1947 East; Pine Plantation, a 617+/- acre tract consisting of eight
1948 individual parcels within the Apopka City limits. The Department
1949 of Transportation, the Department of Environmental Protection,
1950 the St. Johns River Water Management District, and other land
1951 acquisition entities shall participate and cooperate in
1952 providing information and support to the third-party acquisition
1953 agent. The land acquisition process authorized by this paragraph
1954 shall begin no later than December 31, 2004. Acquisition of the
1955 properties identified as Neighborhood Lakes, Pine Plantation,
1956 and New Garden Coal, or approval as a mitigation bank shall be
1957 concluded no later than December 31, 2010. Department of
1958 Transportation and Orlando-Orange County Expressway Authority
1959 funds expended to purchase an interest in those lands identified
1960 in this subsection shall be eligible as environmental mitigation
1961 for road construction related impacts in the Wekiva Study Area.
1962 If any of the lands identified in this subsection are used as
1963 environmental mitigation for road construction related impacts
1964 incurred by the Department of Transportation or Orlando-Orange
1965 County Expressway Authority, or for other impacts incurred by
1966 other entities, within the Wekiva Study Area or within the
1967 Wekiva parkway alignment corridor, and if the mitigation offsets
1968 these impacts, the St. Johns River Water Management District and
1969 the Department of Environmental Protection shall consider the
1970 activity regulated under part IV of chapter 373 to meet the
1971 cumulative impact requirements of s. 373.414(8)(a).
1972 Section 33. Effective July 1, 2009, section 373.185,
1973 Florida Statutes, is amended to read:
1974 373.185 Local Florida-friendly landscaping Xeriscape
1975 ordinances.—
1976 (1) As used in this section, the term:
1977 (a) “Local government” means any county or municipality of
1978 the state.
1979 (b) “Xeriscape” or “Florida-friendly landscaping landscape”
1980 means quality landscapes that conserve water, and protect the
1981 environment, and are adaptable to local conditions, and which
1982 are drought tolerant. The principles of such landscaping
1983 Xeriscape include planting the right plant in the right place,
1984 efficient watering, appropriate fertilization, mulching,
1985 attraction of wildlife, responsible management of yard pests,
1986 recycling yard waste, reduction of stormwater runoff, and
1987 waterfront protection. Additional components include practices
1988 such as landscape planning and design, appropriate choice of
1989 plants, soil analysis, which may include the appropriate use of
1990 solid waste compost, minimizing the use of efficient irrigation,
1991 practical use of turf, appropriate use of mulches, and proper
1992 maintenance.
1993 (2) Each water management district shall design and
1994 implement an incentive program to encourage all local
1995 governments within its district to adopt new ordinances or amend
1996 existing ordinances to require Florida-friendly Xeriscape
1997 landscaping for development permitted after the effective date
1998 of the new ordinance or amendment. Each district shall adopt
1999 rules governing the implementation of its incentive program and
2000 governing the review and approval of local government Xeriscape
2001 ordinances or amendments which are intended to qualify a local
2002 government for the incentive program. Each district shall assist
2003 the local governments within its jurisdiction by providing a
2004 model Florida-friendly landscaping ordinance Xeriscape code and
2005 other technical assistance. Each district may develop its own
2006 model or use a model contained in the “Florida-Friendly
2007 Landscape Guidance Models for Ordinances, Covenants, and
2008 Restrictions” manual developed by the department. To qualify for
2009 a district’s incentive program, a local government Xeriscape
2010 ordinance or amendment, in order to qualify the local government
2011 for a district’s incentive program, must include, at a minimum:
2012 (a) Landscape design, installation, and maintenance
2013 standards that result in water conservation and water quality
2014 protection or restoration. Such standards must shall address the
2015 use of plant groupings, soil analysis including the promotion of
2016 the use of solid waste compost, efficient irrigation systems,
2017 and other water-conserving practices.
2018 (b) Identification of prohibited invasive exotic plant
2019 species consistent with s. 581.091.
2020 (c) Identification of controlled plant species, accompanied
2021 by the conditions under which such plants may be used.
2022 (d) A provision specifying the maximum percentage of
2023 irrigated turf and the maximum percentage of impervious surfaces
2024 allowed in a Florida-friendly landscaped xeriscaped area and
2025 addressing the practical selection and installation of turf.
2026 (e) Specific standards for land clearing and requirements
2027 for the preservation of existing native vegetation.
2028 (f) A monitoring program for ordinance implementation and
2029 compliance.
2030 (3) Each water management district shall also The districts
2031 also shall work with the department, local governments, county
2032 extension agents or offices, nursery and landscape industry
2033 groups, and other interested stakeholders to promote, through
2034 educational programs, and publications, and other district
2035 activities authorized under this chapter, the use of Florida
2036 friendly landscaping Xeriscape practices, including the use of
2037 solid waste compost, in existing residential and commercial
2038 development. In conducting these activities, each district shall
2039 use the materials developed by the department, the Institute of
2040 Food and Agricultural Sciences at the University of Florida, and
2041 the Center for Landscape Conservation and Ecology Florida
2042 Friendly Landscaping program, including, but not limited to, the
2043 Florida Yards and Neighborhoods Program for homeowners, the
2044 Florida Yards and Neighborhoods Builder Developer Program for
2045 developers, and the Green Industries Best Management Practices
2046 Program for landscaping professionals. Each district may develop
2047 supplemental materials as appropriate to address the physical
2048 and natural characteristics of the district. The districts shall
2049 coordinate with the department and the Institute of Food and
2050 Agricultural Sciences at the University of Florida if revisions
2051 to the educational materials are needed. This section may not be
2052 construed to limit the authority of the districts to require
2053 Xeriscape ordinances or practices as a condition of any
2054 consumptive use permit.
2055 (a) The Legislature finds that the use of Florida-friendly
2056 landscaping and other water use and pollution prevention
2057 measures to conserve or protect the state’s water resources
2058 serves a compelling public interest and that the participation
2059 of homeowners’ associations and local governments is essential
2060 to state’s efforts in water conservation and water quality
2061 protection and restoration.
2062 (b)(3) A deed restriction, or covenant entered after
2063 October 1, 2001, or local government ordinance may not prohibit
2064 or be enforced so as to prohibit any property owner from
2065 implementing Xeriscape or Florida-friendly landscaping landscape
2066 on his or her land or create any requirement or limitation in
2067 conflict with any provision of part II of this chapter or a
2068 water shortage order, other order, consumptive use permit, or
2069 rule adopted or issued pursuant to part II of this chapter.
2070 (4) This section does not limit the authority of the
2071 department or the water management districts to require Florida
2072 friendly landscaping ordinances or practices as a condition of
2073 any permit issued under this chapter.
2074 Section 34. Effective July 1, 2009, section 373.187,
2075 Florida Statutes, is created to read:
2076 373.187 Water management district implementation of
2077 Florida-friendly landscaping.—Each water management district
2078 shall use Florida-friendly landscaping, as defined in s.
2079 373.185, on public property associated with buildings and
2080 facilities owned by the district and constructed after June 30,
2081 2009. Each district shall also develop a 5-year program for
2082 phasing in the use of Florida-friendly landscaping on public
2083 property associated with buildings or facilities owned by the
2084 district and constructed before July 1, 2009.
2085 Section 35. Effective July 1, 2009, section 373.228,
2086 Florida Statutes, is amended to read:
2087 373.228 Landscape irrigation design.—
2088 (1) The Legislature finds that multiple areas throughout
2089 the state have been identified by water management districts as
2090 water resource caution areas, which indicates that in the near
2091 future water demand in those areas will exceed the current
2092 available water supply and that conservation is one of the
2093 mechanisms by which future water demand will be met.
2094 (2) The Legislature finds that landscape irrigation
2095 comprises a significant portion of water use and that the
2096 current typical landscape irrigation systems system and Florida
2097 friendly landscaping xeriscape designs offer significant
2098 potential water conservation benefits.
2099 (3) It is the intent of the Legislature to improve
2100 landscape irrigation water use efficiency by ensuring that
2101 landscape irrigation systems meet or exceed minimum design
2102 criteria.
2103 (4) The water management districts shall work with the
2104 Florida Nursery, Nurserymen and Growers and Landscape
2105 Association, the Florida Native Plant Society, the Florida
2106 Chapter of the American Society of Landscape Architects, the
2107 Florida Irrigation Society, the Department of Agriculture and
2108 Consumer Services, the Institute of Food and Agricultural
2109 Sciences, the Department of Environmental Protection, the
2110 Department of Transportation, the Florida League of Cities, the
2111 Florida Association of Counties, and the Florida Association of
2112 Community Developers to develop landscape irrigation and
2113 Florida-friendly landscaping xeriscape design standards for new
2114 construction which incorporate a landscape irrigation system and
2115 develop scientifically based model guidelines for urban,
2116 commercial, and residential landscape irrigation, including drip
2117 irrigation, for plants, trees, sod, and other landscaping. The
2118 landscape and irrigation design standards shall be based on the
2119 irrigation code defined in the Florida Building Code, Plumbing
2120 Volume, Appendix F. Local governments shall use the standards
2121 and guidelines when developing landscape irrigation and Florida
2122 friendly landscaping xeriscape ordinances. By January 1, 2011,
2123 the agencies and entities specified in this subsection shall
2124 review the standards and guidelines to determine whether new
2125 research findings require a change or modification of the
2126 standards and guidelines.
2127 (5) In evaluating water use applications from public water
2128 suppliers, water management districts shall consider whether the
2129 applicable local government has adopted ordinances for
2130 landscaping and irrigation systems consistent with the Florida
2131 friendly landscaping provisions of s. 373.185.
2132 Section 36. Effective July 1, 2009, subsection (3) of
2133 section 373.323, Florida Statutes, is amended to read:
2134 373.323 Licensure of water well contractors; application,
2135 qualifications, and examinations; equipment identification.—
2136 (3) An applicant who meets the following requirements is
2137 shall be entitled to take the water well contractor licensure
2138 examination to practice water well contracting:
2139 (a) Is at least 18 years of age.
2140 (b) Has at least 2 years of experience in constructing,
2141 repairing, or abandoning water wells. Satisfactory proof of such
2142 experience is demonstrated by providing:
2143 1. Evidence of the length of time the applicant has been
2144 engaged in the business of the construction, repair, or
2145 abandonment of water wells as a major activity, as attested to
2146 by a letter from three of the following persons:
2147 a. A water well contractor.
2148 b. A water well driller.
2149 c. A water well parts and equipment vendor.
2150 d. A water well inspector employed by a governmental
2151 agency.
2152 2. A list of at least 10 water wells that the applicant has
2153 constructed, repaired, or abandoned within the preceding 5
2154 years. Of these wells, at least seven must have been
2155 constructed, as defined in s. 373.303(2), by the applicant. The
2156 list must also include:
2157 a. The name and address of the owner or owners of each
2158 well.
2159 b. The location, primary use, and approximate depth and
2160 diameter of each well.
2161 c. The approximate date the construction, repair, or
2162 abandonment of each well was completed.
2163 (c) Has completed the application form and remitted a
2164 nonrefundable application fee.
2165 Section 37. Effective July 1, 2009, subsection (8) of
2166 section 373.333, Florida Statutes, is amended to read:
2167 373.333 Disciplinary guidelines; adoption and enforcement;
2168 license suspension or revocation.—
2169 (8) The water management district may impose through an
2170 order an administrative fine not to exceed $5,000 per occurrence
2171 against an unlicensed person if when it determines that the
2172 unlicensed person has engaged in the practice of water well
2173 contracting, for which a license is required.
2174 Section 38. Effective July 1, 2009, section 125.568,
2175 Florida Statutes, is amended to read:
2176 125.568 Conservation of water; Florida-friendly landscaping
2177 Xeriscape.—
2178 (1)(a) The Legislature finds that Florida-friendly
2179 landscaping Xeriscape contributes to the conservation,
2180 protection, and restoration of water. In an effort to meet the
2181 water needs of this state in a manner that will supply adequate
2182 and dependable supplies of water where needed, it is the intent
2183 of the Legislature that Florida-friendly landscaping Xeriscape
2184 be an essential part of water conservation and water quality
2185 protection and restoration planning.
2186 (b) As used in this section, “Xeriscape” or “Florida
2187 friendly landscaping” has the same meaning as in s. 373.185
2188 landscape” means quality landscapes that conserve water and
2189 protect the environment and are adaptable to local conditions
2190 and which are drought tolerant. The principles of Xeriscape
2191 include planning and design, appropriate choice of plants, soil
2192 analysis which may include the use of solid waste compost,
2193 practical use of turf, efficient irrigation, appropriate use of
2194 mulches, and proper maintenance.
2195 (2) The board of county commissioners of each county shall
2196 consider enacting ordinances, consistent with s. 373.185,
2197 requiring the use of Florida-friendly landscaping Xeriscape as a
2198 water conservation or water quality protection or restoration
2199 measure. If the board determines that such landscaping Xeriscape
2200 would be of significant benefit as a water conservation or water
2201 quality protection or restoration measure, especially for waters
2202 designated as impaired pursuant to s. 403.067, relative to the
2203 cost to implement Florida-friendly Xeriscape landscaping in its
2204 area of jurisdiction, the board shall enact a Florida-friendly
2205 landscaping Xeriscape ordinance. Further, the board of county
2206 commissioners shall consider promoting Florida-friendly
2207 landscaping Xeriscape as a water conservation or water quality
2208 protection or restoration measure by: using such landscaping
2209 Xeriscape in any, around, or near facilities, parks, and other
2210 common areas under its jurisdiction which are landscaped after
2211 the effective date of this act; providing public education on
2212 Florida-friendly landscaping Xeriscape, its uses in increasing
2213 as a water conservation and water quality protection or
2214 restoration tool, and its long-term cost-effectiveness; and
2215 offering incentives to local residents and businesses to
2216 implement Florida-friendly Xeriscape landscaping.
2217 (3)(a) The Legislature finds that the use of Florida
2218 friendly landscaping and other water use and pollution
2219 prevention measures to conserve or protect the state’s water
2220 resources serves a compelling public interest and that the
2221 participation of homeowners’ associations and local governments
2222 is essential to the state’s efforts in water conservation and
2223 water quality protection and restoration.
2224 (b) A deed restriction, or covenant entered after October
2225 1, 2001, or local government ordinance may not prohibit or be
2226 enforced so as to prohibit any property owner from implementing
2227 Xeriscape or Florida-friendly landscaping landscape on his or
2228 her land or create any requirement or limitation in conflict
2229 with any provision of part II of chapter 373 or a water shortage
2230 order, other order, consumptive use permit, or rule adopted or
2231 issued pursuant to part II of chapter 373.
2232 Section 39. Effective July 1, 2009, section 166.048,
2233 Florida Statutes, is amended to read:
2234 166.048 Conservation of water; Florida-friendly landscaping
2235 Xeriscape.—
2236 (1)(a) The Legislature finds that Florida-friendly
2237 landscaping Xeriscape contributes to the conservation,
2238 protection, and restoration of water. In an effort to meet the
2239 water needs of this state in a manner that will supply adequate
2240 and dependable supplies of water where needed, it is the intent
2241 of the Legislature that Florida-friendly landscaping Xeriscape
2242 be an essential part of water conservation and water quality
2243 protection and restoration planning.
2244 (b) As used in this section, “Xeriscape” or “Florida
2245 friendly landscaping” has the same meaning as in s. 373.185
2246 landscape” means quality landscapes that conserve water and
2247 protect the environment and are adaptable to local conditions
2248 and which are drought tolerant. The principles of Xeriscape
2249 include planning and design, appropriate choice of plants, soil
2250 analysis which may include the use of solid waste compost,
2251 practical use of turf, efficient irrigation, appropriate use of
2252 mulches, and proper maintenance.
2253 (2) The governing body of each municipality shall consider
2254 enacting ordinances, consistent with s. 373.185, requiring the
2255 use of Florida-friendly landscaping Xeriscape as a water
2256 conservation or water quality protection or restoration measure.
2257 If the governing body determines that such landscaping Xeriscape
2258 would be of significant benefit as a water conservation or water
2259 quality protection or restoration measure, especially for waters
2260 designated as impaired pursuant to s. 403.067, relative to the
2261 cost to implement Florida-friendly Xeriscape landscaping in its
2262 area of jurisdiction in the municipality, the governing body
2263 board shall enact a Florida-friendly landscaping Xeriscape
2264 ordinance. Further, the governing body shall consider promoting
2265 Florida-friendly landscaping Xeriscape as a water conservation
2266 or water quality protection or restoration measure by: using
2267 such landscaping Xeriscape in any, around, or near facilities,
2268 parks, and other common areas under its jurisdiction which are
2269 landscaped after the effective date of this act; providing
2270 public education on Florida-friendly landscaping Xeriscape, its
2271 uses in increasing as a water conservation and water quality
2272 protection or restoration tool, and its long-term cost
2273 effectiveness; and offering incentives to local residents and
2274 businesses to implement Florida-friendly Xeriscape landscaping.
2275 (3)(a) The Legislature finds that the use of Florida
2276 friendly landscaping and other water use and pollution
2277 prevention measures to conserve or protect the state’s water
2278 resources serves a compelling public interest and that the
2279 participation of homeowners’ associations and local governments
2280 is essential to the state’s efforts in water conservation and
2281 water quality protection and restoration.
2282 (b) A deed restriction, or covenant entered after October
2283 1, 2001, or local government ordinance may not prohibit or be
2284 enforced so as to prohibit any property owner from implementing
2285 Xeriscape or Florida-friendly landscaping landscape on his or
2286 her land or create any requirement or limitation in conflict
2287 with any provision of part II of chapter 373 or a water shortage
2288 order, other order, consumptive use permit, or rule adopted or
2289 issued pursuant to part II of chapter 373.
2290 Section 40. Effective July 1, 2009, section 255.259,
2291 Florida Statutes, is amended to read:
2292 255.259 Florida-friendly Xeriscape landscaping on public
2293 property.—
2294 (1) The Legislature finds that water conservation and water
2295 quality protection and restoration are is increasingly critical
2296 to the continuance of an adequate water supply and healthy
2297 surface and ground waters for the citizens of this state. The
2298 Legislature further finds that “Florida-friendly landscaping
2299 Xeriscape,” as defined in s. 373.185, can contribute
2300 significantly to water the conservation and of water quality
2301 protection and restoration. Finally, the Legislature finds that
2302 state government has the responsibility to promote Florida
2303 friendly landscaping Xeriscape as a water conservation and water
2304 quality protection and restoration measure by using such
2305 landscaping Xeriscape on public property associated with
2306 publicly owned buildings or facilities.
2307 (2) As used in this section, “publicly owned buildings or
2308 facilities” means those construction projects under the purview
2309 of the Department of Management Services. The term It does not
2310 include environmentally endangered land or roads and highway
2311 construction under the purview of the Department of
2312 Transportation.
2313 (3) The Department of Management Services, in consultation
2314 with the Department of Environmental Protection, shall adopt
2315 rules and guidelines for the required use of Florida-friendly
2316 landscaping Xeriscape on public property associated with
2317 publicly owned buildings or facilities constructed after June
2318 30, 2009 1992. The Department of Management Services also shall
2319 also develop a 5-year program for phasing in the use of Florida
2320 friendly landscaping Xeriscape on public property associated
2321 with publicly owned buildings or facilities constructed before
2322 July 1, 2009 1992. In accomplishing these tasks, the Department
2323 of Management Services shall take into account the standards
2324 provided in guidelines set out in s. 373.185(2)(a)-(f). The
2325 Department of Transportation shall implement Florida-friendly
2326 Xeriscape landscaping pursuant to s. 335.167.
2327 (4)(a) The Legislature finds that the use of Florida
2328 friendly landscaping and other water use and pollution
2329 prevention measures to conserve or protect the state’s water
2330 resources serves a compelling public interest and that the
2331 participation of homeowners’ associations and local governments
2332 is essential to the state’s efforts in water conservation and
2333 water quality protection and restoration.
2334 (b) A deed restriction, or covenant entered after October
2335 1, 2001, or local government ordinance may not prohibit or be
2336 enforced so as to prohibit any property owner from implementing
2337 Xeriscape or Florida-friendly landscaping landscape on his or
2338 her land or create any requirement or limitation in conflict
2339 with any provision of part II of chapter 373 or a water shortage
2340 order, other order, consumptive use permit, or rule adopted or
2341 issued pursuant to part II of chapter 373.
2342 Section 41. Effective July 1, 2009, section 335.167,
2343 Florida Statutes, is amended to read:
2344 335.167 State highway construction and maintenance;
2345 Xeriscape or Florida-friendly landscaping.—
2346 (1) The department shall use and require the use of
2347 Florida-friendly landscaping Xeriscape practices, as defined in
2348 s. 373.185(1), in the construction and maintenance of all new
2349 state highways, wayside parks, access roads, welcome stations,
2350 and other state highway rights-of-way constructed upon or
2351 acquired after June 30, 2009 1992. The department shall develop
2352 a 5-year program for phasing in the use of Florida-friendly
2353 landscaping Xeriscape, including the use of solid waste compost,
2354 in state highway rights-of-way constructed upon or acquired
2355 before July 1, 2009 1992. In accomplishing these tasks, the
2356 department shall employ the standards guidelines set out in s.
2357 373.185(2)(a)-(f).
2358 (2)(a) The Legislature finds that the use of Florida
2359 friendly landscaping and other water use and pollution
2360 prevention measures to conserve or protect the state’s water
2361 resources serves a compelling public interest and that the
2362 participation of homeowners’ associations and local governments
2363 is essential to the state’s efforts in water conservation and
2364 water quality protection and restoration.
2365 (b) A deed restriction, or covenant entered after October
2366 1, 2001, or local government ordinance may not prohibit or be
2367 enforced so as to prohibit any property owner from implementing
2368 Xeriscape or Florida-friendly landscaping landscape on his or
2369 her land or create any requirement or limitation in conflict
2370 with any provision of part II of chapter 373 or a water shortage
2371 order, other order, consumptive use permit, or rule adopted or
2372 issued pursuant to part II of chapter 373.
2373 Section 42. Effective July 1, 2009, paragraph (a) of
2374 subsection (3) of section 380.061, Florida Statutes, is amended
2375 to read:
2376 380.061 The Florida Quality Developments program.—
2377 (3)(a) To be eligible for designation under this program,
2378 the developer shall comply with each of the following
2379 requirements if which is applicable to the site of a qualified
2380 development:
2381 1. Donate or enter Have donated or entered into a binding
2382 commitment to donate the fee or a lesser interest sufficient to
2383 protect, in perpetuity, the natural attributes of the types of
2384 land listed below. In lieu of this the above requirement, the
2385 developer may enter into a binding commitment that which runs
2386 with the land to set aside such areas on the property, in
2387 perpetuity, as open space to be retained in a natural condition
2388 or as otherwise permitted under this subparagraph. Under the
2389 requirements of this subparagraph, the developer may reserve the
2390 right to use such areas for the purpose of passive recreation
2391 that is consistent with the purposes for which the land was
2392 preserved.
2393 a. Those wetlands and water bodies throughout the state
2394 which as would be delineated if the provisions of s.
2395 373.4145(1)(b) were applied. The developer may use such areas
2396 for the purpose of site access, provided other routes of access
2397 are unavailable or impracticable; may use such areas for the
2398 purpose of stormwater or domestic sewage management and other
2399 necessary utilities if to the extent that such uses are
2400 permitted pursuant to chapter 403; or may redesign or alter
2401 wetlands and water bodies within the jurisdiction of the
2402 Department of Environmental Protection which have been
2403 artificially created, if the redesign or alteration is done so
2404 as to produce a more naturally functioning system.
2405 b. Active beach or primary and, where appropriate,
2406 secondary dunes, to maintain the integrity of the dune system
2407 and adequate public accessways to the beach. However, the
2408 developer may retain the right to construct and maintain
2409 elevated walkways over the dunes to provide access to the beach.
2410 c. Known archaeological sites determined to be of
2411 significance by the Division of Historical Resources of the
2412 Department of State.
2413 d. Areas known to be important to animal species designated
2414 as endangered or threatened animal species by the United States
2415 Fish and Wildlife Service or by the Fish and Wildlife
2416 Conservation Commission, for reproduction, feeding, or nesting;
2417 for traveling between such areas used for reproduction, feeding,
2418 or nesting; or for escape from predation.
2419 e. Areas known to contain plant species designated as
2420 endangered plant species by the Department of Agriculture and
2421 Consumer Services.
2422 2. Produce, or dispose of, no substances designated as
2423 hazardous or toxic substances by the United States Environmental
2424 Protection Agency, or by the Department of Environmental
2425 Protection, or the Department of Agriculture and Consumer
2426 Services. This subparagraph does is not intended to apply to the
2427 production of these substances in nonsignificant amounts as
2428 would occur through household use or incidental use by
2429 businesses.
2430 3. Participate in a downtown reuse or redevelopment program
2431 to improve and rehabilitate a declining downtown area.
2432 4. Incorporate no dredge and fill activities in, and no
2433 stormwater discharge into, waters designated as Class II,
2434 aquatic preserves, or Outstanding Florida Waters, except as
2435 activities in those waters are permitted pursuant to s.
2436 403.813(2), and the developer demonstrates that those activities
2437 meet the standards under Class II waters, Outstanding Florida
2438 Waters, or aquatic preserves, as applicable.
2439 5. Include open space, recreation areas, Florida-friendly
2440 landscaping Xeriscape as defined in s. 373.185, and energy
2441 conservation and minimize impermeable surfaces as appropriate to
2442 the location and type of project.
2443 6. Provide for construction and maintenance of all onsite
2444 infrastructure necessary to support the project and enter into a
2445 binding commitment with local government to provide an
2446 appropriate fair-share contribution toward the offsite impacts
2447 that which the development will impose on publicly funded
2448 facilities and services, except offsite transportation, and
2449 condition or phase the commencement of development to ensure
2450 that public facilities and services, except offsite
2451 transportation, are will be available concurrent with the
2452 impacts of the development. For the purposes of offsite
2453 transportation impacts, the developer shall comply, at a
2454 minimum, with the standards of the state land planning agency’s
2455 development-of-regional-impact transportation rule, the approved
2456 strategic regional policy plan, any applicable regional planning
2457 council transportation rule, and the approved local government
2458 comprehensive plan and land development regulations adopted
2459 pursuant to part II of chapter 163.
2460 7. Design and construct the development in a manner that is
2461 consistent with the adopted state plan, the applicable strategic
2462 regional policy plan, and the applicable adopted local
2463 government comprehensive plan.
2464 Section 43. Effective July 1, 2009, subsection (3) of
2465 section 388.291, Florida Statutes, is amended to read:
2466 388.291 Source reduction measures; supervision by
2467 department.—
2468 (3) Property owners in a developed residential area shall
2469 are required to maintain their property in such a manner that
2470 does so as not to create or maintain any standing freshwater
2471 condition capable of breeding mosquitoes or other arthropods in
2472 significant numbers so as to constitute a public health,
2473 welfare, or nuisance problem. Nothing in This subsection does
2474 not authorize shall permit the alteration of permitted
2475 stormwater management systems or prohibit maintained fish ponds,
2476 Florida-friendly landscaping xeriscaping, or other maintained
2477 systems of landscaping or vegetation. If such a condition is
2478 found to exist, the local arthropod control agency shall serve
2479 notice on the property owner to treat, remove, or abate the
2480 condition. Such notice is shall serve as prima facie evidence of
2481 maintaining a nuisance, and upon failure of the property owner
2482 to treat, remove, or abate the condition, the local arthropod
2483 control agency or any affected citizen may proceed pursuant to
2484 s. 60.05 to enjoin the nuisance and may recover costs and
2485 attorney’s fees if they prevail in the action.
2486 Section 44. Effective July 1, 2009, subsection (6) of
2487 section 481.303, Florida Statutes, is amended to read:
2488 481.303 Definitions.—As used in this chapter:
2489 (6) “Landscape architecture” means professional services,
2490 including, but not limited to, the following:
2491 (a) Consultation, investigation, research, planning,
2492 design, preparation of drawings, specifications, contract
2493 documents and reports, responsible construction supervision, or
2494 landscape management in connection with the planning and
2495 development of land and incidental water areas, including the
2496 use of Florida-friendly landscaping Xeriscape as defined in s.
2497 373.185, where, and to the extent that, the dominant purpose of
2498 such services or creative works is the preservation,
2499 conservation, enhancement, or determination of proper land uses,
2500 natural land features, ground cover and plantings, or
2501 naturalistic and aesthetic values;
2502 (b) The determination of settings, grounds, and approaches
2503 for and the siting of buildings and structures, outdoor areas,
2504 or other improvements;
2505 (c) The setting of grades, shaping and contouring of land
2506 and water forms, determination of drainage, and provision for
2507 storm drainage and irrigation systems where such systems are
2508 necessary to the purposes outlined herein; and
2509 (d) The design of such tangible objects and features as are
2510 necessary to the purpose outlined herein.
2511 Section 45. Effective July 1, 2009, subsection (4) of
2512 section 720.3075, Florida Statutes, is amended to read:
2513 720.3075 Prohibited clauses in association documents.—
2514 (4)(a) The Legislature finds that the use of Florida
2515 friendly landscaping and other water use and pollution
2516 prevention measures to conserve or protect the state’s water
2517 resources serves a compelling public interest and that the
2518 participation of homeowners’ associations and local governments
2519 is essential to the state’s efforts in water conservation and
2520 water quality protection and restoration.
2521 (b) Homeowners’ association documents, including
2522 declarations of covenants, articles of incorporation, or bylaws,
2523 entered after October 1, 2001, may not prohibit or be enforced
2524 so as to prohibit any property owner from implementing Xeriscape
2525 or Florida-friendly landscaping landscape, as defined in s.
2526 373.185(1), on his or her land or create any requirement or
2527 limitation in conflict with any provision of part II of chapter
2528 373 or a water shortage order, other order, consumptive use
2529 permit, or rule adopted or issued pursuant to part II of chapter
2530 373.
2531 Section 46. (1) Effective July 1, 2009, a task force is
2532 established to develop legislative recommendations relating to
2533 stormwater management system design in the state. The task force
2534 shall:
2535 (a) Review the Joint Professional Engineers and Landscape
2536 Architecture Committee Report conducted pursuant to s. 17,
2537 chapter 88-347, Laws of Florida, and determine the current
2538 validity of the report and the need to revise any of the
2539 conclusions or recommendations.
2540 (b) Determine how a licensed and registered professional
2541 might demonstrate competency for stormwater management system
2542 design.
2543 (c) Determine how the Board of Professional Engineers and
2544 the Board of Landscape Architecture might administer
2545 certification tests or continuing education requirements for
2546 stormwater management system design.
2547 (d) Provide recommendations for grandfathering the rights
2548 of licensed professionals who currently practice stormwater
2549 management design in a manner that will allow them to continue
2550 to practice without meeting any new requirements the task force
2551 recommends be placed on licensed professionals in the future.
2552 (2)(a) The Board of Landscape Architecture, the Board of
2553 Professional Engineers, the Florida Engineering Society, the
2554 Florida Chapter of the American Society of Landscape Architects,
2555 the Secretary of Environmental Protection, and the Secretary of
2556 Transportation shall each appoint one member to the task force.
2557 (b) Members of the task force may not be reimbursed for
2558 travel, per diem, or any other costs associated with serving on
2559 the task force.
2560 (c) The task force shall meet a minimum of four times
2561 either in person or via teleconference; however, a minimum of
2562 two meetings shall be public hearings with testimony.
2563 (d) The task force shall expire on November 1, 2009.
2564 (3) The task force shall provide its findings and
2565 legislative recommendations to the President of the Senate and
2566 the Speaker of the House of Representatives by November 1, 2009.
2567 Section 47. Except as otherwise expressly provided in this
2568 act, this act shall take effect upon becoming a law, and shall
2569 apply retroactively where expressly provided.