Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 364
       
       
       
       
       
                                Barcode 291062                          
       
       578-04551B-09                                                   
       Proposed Committee Substitute by the Committee on Community
       Affairs
    1                        A bill to be entitled                      
    2         An act relating to regulatory reform; creating s.
    3         282.801, F.S.; providing legislative findings and
    4         intent; requiring the Office of Tourism, Trade, and
    5         Economic Development in the Executive Office of the
    6         Governor to design and construct the E-SHOP FLORIDA
    7         Internet website; requiring specified state agencies
    8         and water management districts to appoint
    9         representatives to participate in the development of
   10         the policies, procedures, and standards for permitting
   11         and licensing; providing requirements for the website;
   12         providing definitions; requiring the website to
   13         provide access to permits, licenses, and approvals
   14         issued by specified state agencies and water
   15         management districts; requiring each state agency that
   16         issues permits, licenses, or approvals to develop a
   17         protocol to allow participation in the E-SHOP FLORIDA
   18         system; directing certain state agencies to develop
   19         online licensing and permitting if feasible;
   20         authorizing such agencies to competitively procure and
   21         contract for necessary services; providing
   22         application-review requirements for applications
   23         submitted through the E-SHOP FLORIDA system; requiring
   24         each state agency and water management district that
   25         participates in the E-SHOP FLORIDA system to maintain
   26         certain records; requiring a report to the
   27         Legislature; authorizing a reduction in permit fees
   28         under certain conditions; amending ss. 373.036,
   29         373.4135, and 373.4136, F.S.; conforming cross
   30         references; amending s. 373.414, F.S.; providing that
   31         a permit application that is signed by certain
   32         registered professionals is presumed to be in
   33         compliance with permitting requirements; providing the
   34         burden of proof that is required in proving
   35         noncompliance; authorizing the Department of
   36         Environmental Protection or the water management
   37         district to forward a complaint against a registered
   38         professional to the regulatory board; prohibiting a
   39         registered professional who is sanctioned from
   40         preparing and signing permit applications; repealing
   41         s. 288.109, F.S., relating to the One-Stop Permitting
   42         System; providing an effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 282.801, Florida Statutes, is created to
   47  read:
   48         282.801E-Shop Florida.—
   49         (1)LEGISLATIVE FINDINGS AND INTENT.—It is the
   50  Legislature’s intent that this section establish a user
   51  friendly, consolidated, statewide system that allows individuals
   52  and businesses to commence, develop, or expand business
   53  activities that contribute to the betterment of a market economy
   54  in this state. The Legislature further intends that this system
   55  simplify licensing and permitting by providing a central point
   56  of collection for data and fees so that individuals and
   57  businesses can comply with state government requirements in one
   58  easy process. The Legislature finds that the development of an
   59  Internet website to be designated E-SHOP FLORIDA supports this
   60  objective. The E-SHOP FLORIDA Internet website shall be designed
   61  to foster the creation and maintenance of compact and responsive
   62  state licensing and permitting systems that allow individuals,
   63  as well as new and existing businesses, to efficiently obtain
   64  state government approvals without duplication of effort,
   65  multiple applications, redundant reviews, protracted delays, or
   66  unnecessary expense.
   67         (2)REQUEST FOR PROPOSALS.—
   68         (a)By October 1, 2010, the Office of Tourism, Trade, and
   69  Economic Development in the Executive Office of the Governor
   70  shall issue a request for proposals for the development of the
   71  E-SHOP FLORIDA Internet website. The site shall provide
   72  individuals and businesses with information relating to permits,
   73  licenses, and approvals, including, but not limited to, guidance
   74  on the types of permits, licenses, or approvals required by a
   75  state agency or a water management district, and points of
   76  contact concerning particular types of permits, licenses, or
   77  approvals. The Office of Tourism, Trade, and Economic
   78  Development shall design and construct the Internet site and may
   79  competitively procure and contract for services to develop the
   80  site.
   81         (b)Each state agency and water management district
   82  designated in subsection (5) shall appoint representatives who
   83  are authorized to commit resources and speak on behalf of the
   84  agency or the district as participants in the development of
   85  statewide policies, procedures, and standards for permitting and
   86  licensing activities.
   87         (3)INTERNET SITE REQUIREMENTS.—
   88         (a)The Office of Tourism, Trade, and Economic Development
   89  shall develop the E-SHOP FLORIDA Internet site to be capable of
   90  allowing an applicant for a permit, license, or approval issued
   91  by a state agency or water management district listed in
   92  subsection (5) to complete and submit a common application to
   93  the agency and water management district. The Internet site must
   94  also be capable of allowing an applicant to submit payment for
   95  the required permit, license, or approval to the appropriate
   96  agency or water management district, and must provide payment
   97  options. The office may competitively procure and contract for
   98  the services required to implement the capabilities in as timely
   99  a manner as possible.
  100         (b)The E-SHOP FLORIDA website must be searchable by
  101  activity, state agency name, water management district name, or
  102  keyword. Permits, licenses, and approvals by regulated activity
  103  shall be listed alphabetically, and each alphabetical listing
  104  shall provide a link to a site that provides the permitting
  105  agency or district name, the activities that are regulated, the
  106  statutes governing the activities, agency or district rules,
  107  contact information of the agency or district, a list of forms
  108  required, fee information, and the period of issuance of the
  109  permit, license, or approval.
  110         (4)DEFINITION.—As used in this section, the term “permit”
  111  or “license” means any state permit, license, or approval
  112  necessary for the physical location or expansion of a business
  113  including, but not limited to:
  114         (a)Wetland or environmental resource permits;
  115         (b)Surface water management and improvement permits;
  116         (c)Stormwater management permits or stormwater system
  117  construction and operation permits;
  118         (d)Transportation concurrency approvals;
  119         (e)Consumptive use permits;
  120         (f)Wastewater treatment permits or wastewater facility
  121  construction, operation, and management permits;
  122         (g)Dock permits;
  123         (h)Professional licenses;
  124         (i)Business licenses; and
  125         (j)Taxpayer identification numbers.
  126         (5)ACCESS TO E-SHOP FLORIDA.—
  127         (a)By July 1, 2010, the E-SHOP FLORIDA website must
  128  provide access to permits, licenses, and approvals issued by the
  129  following state agencies and water management districts:
  130         1.Department of Environmental Protection, including
  131  district regulatory offices;
  132         2.Department of Community Affairs;
  133         3.Department of Transportation, including district
  134  offices;
  135         4.Department of Business and Professional Regulation;
  136         5.Department of Revenue;
  137         6.Northwest Florida Water Management District;
  138         7.St. Johns River Water Management District;
  139         8.Southwest Florida Water Management District;
  140         9.Suwannee River Water Management District; and
  141         10.South Florida Water Management District.
  142         (b)By July 1, 2011, each state agency that issues permits,
  143  licenses, or approvals shall develop a protocol to allow
  144  participation in the E-SHOP FLORIDA system.
  145         (6)ONLINE PERMITTING SYSTEMS.—To the extent feasible, each
  146  state agency that does not have online licensing or permitting
  147  shall develop and implement an online permitting system that
  148  will integrate with the E-SHOP FLORIDA system. Such agencies may
  149  competitively procure and contract for the services necessary to
  150  develop an online permitting system capable of integrating with
  151  the E-SHOP FLORIDA system.
  152         (7)APPLICATION REVIEW.—The provisions of s. 120.60(1)
  153  apply to an application for a permit, license, or approval made
  154  through the E-SHOP FLORIDA system, except that:
  155         (a)The approval period for a state agency to approve or
  156  deny a completed application shall be 60 days after the date of
  157  receipt of a completed application.
  158         (b)1.For permits or licenses issued by a water management
  159  district, a completed application that does not require approval
  160  by the district governing board must be approved or denied
  161  within 60 days after receipt of the completed application.
  162         2.Applications that must be approved or denied by the
  163  district governing board shall be approved or denied at the next
  164  regularly scheduled meeting of the governing board within 60
  165  days after receipt of the completed application.
  166         (c)The period for approval or denial of a completed
  167  application for a permit issued under a federal delegation of
  168  authority or a federally approved permitting program may extend
  169  beyond 60 days. However, the agency or district having delegated
  170  authority or approval to issue a permit under federal authority
  171  shall make a good faith effort to approve or deny a completed
  172  application within 60 days after receipt.
  173         (8)MAINTAINING RECORDS.—Each state agency or water
  174  management district required to participate in the E-SHOP
  175  FLORIDA system shall maintain a record of the time required for
  176  each agency or district to process each application filed under
  177  the system. The records must be compiled into a report to be
  178  submitted to the President of the Senate and the Speaker of the
  179  House of Representatives by January 15 of each year beginning in
  180  2011.
  181         (9)REDUCTION IN FEES.—A state agency or a water management
  182  district required to participate in the E-SHOP FLORIDA system
  183  may reduce a permit fee by 25 percent for applicants that submit
  184  an application over the Internet which does not require the
  185  agency or the district to request additional information from
  186  the applicant.
  187         Section 2. Paragraph (b) of subsection (7) of section
  188  373.036, Florida Statutes, is amended to read:
  189         373.036 Florida water plan; district water management
  190  plans.—
  191         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  192         (b) The consolidated annual report shall contain the
  193  following elements, as appropriate to that water management
  194  district:
  195         1. A district water management plan annual report or the
  196  annual work plan report allowed in subparagraph (2)(e)4.
  197         2. The department-approved minimum flows and levels annual
  198  priority list and schedule required by s. 373.042(2).
  199         3. The annual 5-year capital improvements plan required by
  200  s. 373.536(6)(a)3.
  201         4. The alternative water supplies annual report required by
  202  s. 373.1961(3)(n).
  203         5. The final annual 5-year water resource development work
  204  program required by s. 373.536(6)(a)4.
  205         6. The Florida Forever Water Management District Work Plan
  206  annual report required by s. 373.199(7).
  207         7. The mitigation donation annual report required by s.
  208  373.414(1)(c)2. s. 373.414(1)(b)2.
  209         Section 3. Paragraph (e) of subsection (6) and subsection
  210  (7) of section 373.4135, Florida Statutes, are amended to read:
  211         373.4135 Mitigation banks and offsite regional mitigation.—
  212         (6) An environmental creation, preservation, enhancement,
  213  or restoration project, including regional offsite mitigation
  214  areas, for which money is donated or paid as mitigation, that is
  215  sponsored by the department, a water management district, or a
  216  local government and provides mitigation for five or more
  217  applicants for permits under this part, or for 35 or more acres
  218  of adverse impacts, shall be established and operated under a
  219  memorandum of agreement. The memorandum of agreement shall be
  220  between the governmental entity proposing the mitigation project
  221  and the department or water management district, as appropriate.
  222  Such memorandum of agreement need not be adopted by rule. For
  223  the purposes of this subsection, one creation, preservation,
  224  enhancement, or restoration project shall mean one or more
  225  parcels of land with similar ecological communities that are
  226  intended to be created, preserved, enhanced, or restored under a
  227  common scheme.
  228         (e) Projects governed by this subsection, except for
  229  projects established pursuant to subsection (7), shall be
  230  subject to the provisions of s. 373.414(1)(c)1. s.
  231  373.414(1)(b)1.
  232         (7) The department, water management districts, and local
  233  governments may elect to establish and manage mitigation sites,
  234  including regional offsite mitigation areas, or contract with
  235  permitted mitigation banks, to provide mitigation options for
  236  private single-family lots or homeowners. The department, water
  237  management districts, and local governments shall provide a
  238  written notice of their election under this subsection by United
  239  States mail to those individuals who have requested, in writing,
  240  to receive such notice. The use of mitigation options
  241  established under this subsection are not subject to the full
  242  cost-accounting provision of s. 373.414(1)(c)1. s.
  243  373.414(1)(b)1. To use a mitigation option established under
  244  this subsection, the applicant for a permit under this part must
  245  be a private, single-family lot or homeowner, and the land upon
  246  which the adverse impact is located must be intended for use as
  247  a single-family residence by the current owner. The applicant
  248  must not be a corporation, partnership, or other business
  249  entity. However, the provisions of this subsection shall not
  250  apply to other entities that establish offsite regional
  251  mitigation as defined in this section and s. 373.403.
  252         Section 4. Paragraph (d) of subsection (6) of section
  253  373.4136, Florida Statutes, is amended to read:
  254         373.4136 Establishment and operation of mitigation banks.—
  255         (6) MITIGATION SERVICE AREA.—The department or water
  256  management district shall establish a mitigation service area
  257  for each mitigation bank permit. The department or water
  258  management district shall notify and consider comments received
  259  on the proposed mitigation service area from each local
  260  government within the proposed mitigation service area. Except
  261  as provided herein, mitigation credits may be withdrawn and used
  262  only to offset adverse impacts in the mitigation service area.
  263  The boundaries of the mitigation service area shall depend upon
  264  the geographic area where the mitigation bank could reasonably
  265  be expected to offset adverse impacts. Mitigation service areas
  266  may overlap, and mitigation service areas for two or more
  267  mitigation banks may be approved for a regional watershed.
  268         (d) If the requirements in s. 373.414(1)(c) s.
  269  373.414(1)(b) and (8) are met, the following projects or
  270  activities regulated under this part shall be eligible to use a
  271  mitigation bank, regardless of whether they are located within
  272  the mitigation service area:
  273         1. Projects with adverse impacts partially located within
  274  the mitigation service area.
  275         2. Linear projects, such as roadways, transmission lines,
  276  distribution lines, pipelines, or railways.
  277         3. Projects with total adverse impacts of less than 1 acre
  278  in size.
  279         Section 5. Subsection (1) of section 373.414, Florida
  280  Statutes, is amended to read:
  281         373.414 Additional criteria for activities in surface
  282  waters and wetlands.—
  283         (1) As part of an applicant’s demonstration that an
  284  activity regulated under this part will not be harmful to the
  285  water resources or will not be inconsistent with the overall
  286  objectives of the district, the governing board or the
  287  department shall require the applicant to provide reasonable
  288  assurance that state water quality standards applicable to
  289  waters as defined in s. 403.031(13) will not be violated and
  290  reasonable assurance that such activity in, on, or over surface
  291  waters or wetlands, as delineated in s. 373.421(1), is not
  292  contrary to the public interest. However, if such an activity
  293  significantly degrades or is within an Outstanding Florida
  294  Water, as provided by department rule, the applicant must
  295  provide reasonable assurance that the proposed activity will be
  296  clearly in the public interest.
  297         (a) In determining whether an activity, which is in, on, or
  298  over surface waters or wetlands, as delineated in s. 373.421(1),
  299  and is regulated under this part, is not contrary to the public
  300  interest or is clearly in the public interest, the governing
  301  board or the department shall consider and balance the following
  302  criteria:
  303         1. Whether the activity will adversely affect the public
  304  health, safety, or welfare or the property of others;
  305         2. Whether the activity will adversely affect the
  306  conservation of fish and wildlife, including endangered or
  307  threatened species, or their habitats;
  308         3. Whether the activity will adversely affect navigation or
  309  the flow of water or cause harmful erosion or shoaling;
  310         4. Whether the activity will adversely affect the fishing
  311  or recreational values or marine productivity in the vicinity of
  312  the activity;
  313         5. Whether the activity will be of a temporary or permanent
  314  nature;
  315         6. Whether the activity will adversely affect or will
  316  enhance significant historical and archaeological resources
  317  under the provisions of s. 267.061; and
  318         7. The current condition and relative value of functions
  319  being performed by areas affected by the proposed activity.
  320         (b)1.A permit application prepared and signed by a
  321  professional engineer licensed under chapter 471, a professional
  322  landscape architect licensed under chapter 481, a professional
  323  surveyor and mapper licensed under chapter 472, or a
  324  professional geologist licensed under chapter 492, which is
  325  determined to be completed by the governing board or the
  326  department, is presumed to be in compliance with the provisions
  327  of this section. If the governing board or the department denies
  328  such application or if such application is challenged by a third
  329  party, the governing board, the department, or the challenging
  330  party bears the burden of proving noncompliance by a
  331  preponderance of the evidence.
  332         2.The department or a water management district may
  333  forward to the appropriate professional regulatory board or the
  334  Department of Business and Professional Regulation a complaint
  335  against the registered professional specified in subparagraph 1.
  336  if the department or district finds that a review under s.
  337  455.227 is warranted. If the professional regulatory board or
  338  the Department of Business and Professional Regulation sanctions
  339  the registered professional pursuant to the complaint, the
  340  registered professional is prohibited from preparing and signing
  341  permit applications under this section. A registered
  342  professional who is sanctioned three times by a professional
  343  regulatory board or the Department of Business and Professional
  344  Regulation, or both, is permanently prohibited from preparing
  345  and signing permit applications under this section.
  346         (c)(b) If the applicant is unable to otherwise meet the
  347  criteria set forth in this subsection, the governing board or
  348  the department, in deciding to grant or deny a permit, shall
  349  consider measures proposed by or acceptable to the applicant to
  350  mitigate adverse effects that may be caused by the regulated
  351  activity. Such measures may include, but are not limited to,
  352  onsite mitigation, offsite mitigation, offsite regional
  353  mitigation, and the purchase of mitigation credits from
  354  mitigation banks permitted under s. 373.4136. It shall be the
  355  responsibility of the applicant to choose the form of
  356  mitigation. The mitigation must offset the adverse effects
  357  caused by the regulated activity.
  358         1. The department or water management districts may accept
  359  the donation of money as mitigation only where the donation is
  360  specified for use in a duly noticed environmental creation,
  361  preservation, enhancement, or restoration project, endorsed by
  362  the department or the governing board of the water management
  363  district, which offsets the impacts of the activity permitted
  364  under this part. However, the provisions of this subsection
  365  shall not apply to projects undertaken pursuant to s. 373.4137
  366  or chapter 378. Where a permit is required under this part to
  367  implement any project endorsed by the department or a water
  368  management district, all necessary permits must have been issued
  369  prior to the acceptance of any cash donation. After the
  370  effective date of this act, when money is donated to either the
  371  department or a water management district to offset impacts
  372  authorized by a permit under this part, the department or the
  373  water management district shall accept only a donation that
  374  represents the full cost to the department or water management
  375  district of undertaking the project that is intended to mitigate
  376  the adverse impacts. The full cost shall include all direct and
  377  indirect costs, as applicable, such as those for land
  378  acquisition, land restoration or enhancement, perpetual land
  379  management, and general overhead consisting of costs such as
  380  staff time, building, and vehicles. The department or the water
  381  management district may use a multiplier or percentage to add to
  382  other direct or indirect costs to estimate general overhead.
  383  Mitigation credit for such a donation shall be given only to the
  384  extent that the donation covers the full cost to the agency of
  385  undertaking the project that is intended to mitigate the adverse
  386  impacts. However, nothing herein shall be construed to prevent
  387  the department or a water management district from accepting a
  388  donation representing a portion of a larger project, provided
  389  that the donation covers the full cost of that portion and
  390  mitigation credit is given only for that portion. The department
  391  or water management district may deviate from the full cost
  392  requirements of this subparagraph to resolve a proceeding
  393  brought pursuant to chapter 70 or a claim for inverse
  394  condemnation. Nothing in this section shall be construed to
  395  require the owner of a private mitigation bank, permitted under
  396  s. 373.4136, to include the full cost of a mitigation credit in
  397  the price of the credit to a purchaser of said credit.
  398         2. The department and each water management district shall
  399  report by March 1 of each year, as part of the consolidated
  400  annual report required by s. 373.036(7), all cash donations
  401  accepted under subparagraph 1. during the preceding water
  402  management district fiscal year for wetland mitigation purposes.
  403  The report shall exclude those contributions pursuant to s.
  404  373.4137. The report shall include a description of the endorsed
  405  mitigation projects and, except for projects governed by s.
  406  373.4135(6), shall address, as applicable, success criteria,
  407  project implementation status and timeframe, monitoring, long
  408  term management, provisions for preservation, and full cost
  409  accounting.
  410         3. If the applicant is unable to meet water quality
  411  standards because existing ambient water quality does not meet
  412  standards, the governing board or the department shall consider
  413  mitigation measures proposed by or acceptable to the applicant
  414  that cause net improvement of the water quality in the receiving
  415  body of water for those parameters which do not meet standards.
  416         4. If mitigation requirements imposed by a local government
  417  for surface water and wetland impacts of an activity regulated
  418  under this part cannot be reconciled with mitigation
  419  requirements approved under a permit for the same activity
  420  issued under this part, including application of the uniform
  421  wetland mitigation assessment method adopted pursuant to
  422  subsection (18), the mitigation requirements for surface water
  423  and wetland impacts shall be controlled by the permit issued
  424  under this part.
  425         (d)(c) Where activities for a single project regulated
  426  under this part occur in more than one local government
  427  jurisdiction, and where permit conditions or regulatory
  428  requirements are imposed by a local government for these
  429  activities which cannot be reconciled with those imposed by a
  430  permit under this part for the same activities, the permit
  431  conditions or regulatory requirements shall be controlled by the
  432  permit issued under this part.
  433         Section 6. Section 288.109, Florida Statutes, is repealed.
  434         Section 7. This act shall take effect July 1, 2009.