Florida Senate - 2009                              CS for SB 364
       
       
       
       By the Committee on Community Affairs; and Senators Bennett and
       Gaetz
       
       
       
       578-04872A-09                                          2009364c1
    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; amending s.
   41         403.814, F.S.; directing the Department of
   42         Environmental Protection and the water management
   43         districts to expand the use of Internet-based self
   44         certification; requiring the department and the
   45         districts to identify general permits for which
   46         expedited review may be implemented through the use of
   47         professional certifications; providing for a report;
   48         repealing s. 288.109, F.S., relating to the One-Stop
   49         Permitting System; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 282.801, Florida Statutes, is created to
   54  read:
   55         282.801E-Shop Florida.—
   56         (1)LEGISLATIVE FINDINGS AND INTENT.—It is the
   57  Legislature’s intent that this section establish a user
   58  friendly, consolidated, statewide system that allows individuals
   59  and businesses to commence, develop, or expand business
   60  activities that contribute to the betterment of a market economy
   61  in this state. The Legislature further intends that this system
   62  simplify licensing and permitting by providing a central point
   63  of collection for data and fees so that individuals and
   64  businesses can comply with state government requirements in one
   65  easy process. The Legislature finds that the development of an
   66  Internet website to be designated E-SHOP FLORIDA supports this
   67  objective. The E-SHOP FLORIDA Internet website shall be designed
   68  to foster the creation and maintenance of compact and responsive
   69  state licensing and permitting systems that allow individuals,
   70  as well as new and existing businesses, to efficiently obtain
   71  state government approvals without duplication of effort,
   72  multiple applications, redundant reviews, protracted delays, or
   73  unnecessary expense.
   74         (2)REQUEST FOR PROPOSALS.—
   75         (a)By October 1, 2010, the Office of Tourism, Trade, and
   76  Economic Development in the Executive Office of the Governor
   77  shall issue a request for proposals for the development of the
   78  E-SHOP FLORIDA Internet website. The site shall provide
   79  individuals and businesses with information relating to permits,
   80  licenses, and approvals, including, but not limited to, guidance
   81  on the types of permits, licenses, or approvals required by a
   82  state agency or a water management district, and points of
   83  contact concerning particular types of permits, licenses, or
   84  approvals. The Office of Tourism, Trade, and Economic
   85  Development shall design and construct the Internet site and may
   86  competitively procure and contract for services to develop the
   87  site.
   88         (b)Each state agency and water management district
   89  designated in subsection (5) shall appoint representatives who
   90  are authorized to commit resources and speak on behalf of the
   91  agency or the district as participants in the development of
   92  statewide policies, procedures, and standards for permitting and
   93  licensing activities.
   94         (3)INTERNET SITE REQUIREMENTS.—
   95         (a)The Office of Tourism, Trade, and Economic Development
   96  shall develop the E-SHOP FLORIDA Internet site to be capable of
   97  allowing an applicant for a permit, license, or approval issued
   98  by a state agency or water management district listed in
   99  subsection (5) to complete and submit a common application to
  100  the agency and water management district. The Internet site must
  101  also be capable of allowing an applicant to submit payment for
  102  the required permit, license, or approval to the appropriate
  103  agency or water management district, and must provide payment
  104  options. The office may competitively procure and contract for
  105  the services required to implement the capabilities in as timely
  106  a manner as possible.
  107         (b)The E-SHOP FLORIDA website must be searchable by
  108  activity, state agency name, water management district name, or
  109  keyword. Permits, licenses, and approvals by regulated activity
  110  shall be listed alphabetically, and each alphabetical listing
  111  shall provide a link to a site that provides the permitting
  112  agency or district name, the activities that are regulated, the
  113  statutes governing the activities, agency or district rules,
  114  contact information of the agency or district, a list of forms
  115  required, fee information, and the period of issuance of the
  116  permit, license, or approval.
  117         (4)DEFINITION.—As used in this section, the term “permit”
  118  or “license” means any state permit, license, or approval
  119  necessary for the physical location or expansion of a business
  120  including, but not limited to:
  121         (a)Wetland or environmental resource permits;
  122         (b)Surface water management and improvement permits;
  123         (c)Stormwater management permits or stormwater system
  124  construction and operation permits;
  125         (d)Transportation concurrency approvals;
  126         (e)Consumptive use permits;
  127         (f)Wastewater treatment permits or wastewater facility
  128  construction, operation, and management permits;
  129         (g)Dock permits;
  130         (h)Professional licenses;
  131         (i)Business licenses; and
  132         (j)Taxpayer identification numbers.
  133         (5)ACCESS TO E-SHOP FLORIDA.—
  134         (a)By July 1, 2010, the E-SHOP FLORIDA website must
  135  provide access to permits, licenses, and approvals issued by the
  136  following state agencies and water management districts:
  137         1.Department of Environmental Protection, including
  138  district regulatory offices;
  139         2.Department of Community Affairs;
  140         3.Department of Transportation, including district
  141  offices;
  142         4.Department of Business and Professional Regulation;
  143         5.Department of Revenue;
  144         6.Northwest Florida Water Management District;
  145         7.St. Johns River Water Management District;
  146         8.Southwest Florida Water Management District;
  147         9.Suwannee River Water Management District; and
  148         10.South Florida Water Management District.
  149         (b)By July 1, 2011, each state agency that issues permits,
  150  licenses, or approvals shall develop a protocol to allow
  151  participation in the E-SHOP FLORIDA system.
  152         (6)ONLINE PERMITTING SYSTEMS.—To the extent feasible, each
  153  state agency that does not have online licensing or permitting
  154  shall develop and implement an online permitting system that
  155  will integrate with the E-SHOP FLORIDA system. Such agencies may
  156  competitively procure and contract for the services necessary to
  157  develop an online permitting system capable of integrating with
  158  the E-SHOP FLORIDA system.
  159         (7)APPLICATION REVIEW.—The provisions of s. 120.60(1)
  160  apply to an application for a permit, license, or approval made
  161  through the E-SHOP FLORIDA system, except that:
  162         (a)The approval period for a state agency to approve or
  163  deny a completed application shall be 60 days after the date of
  164  receipt of a completed application.
  165         (b)1.For permits or licenses issued by a water management
  166  district, a completed application that does not require approval
  167  by the district governing board must be approved or denied
  168  within 60 days after receipt of the completed application.
  169         2.Applications that must be approved or denied by the
  170  district governing board shall be approved or denied at the next
  171  regularly scheduled meeting of the governing board within 60
  172  days after receipt of the completed application.
  173         (c)The period for approval or denial of a completed
  174  application for a permit issued under a federal delegation of
  175  authority or a federally approved permitting program may extend
  176  beyond 60 days. However, the agency or district having delegated
  177  authority or approval to issue a permit under federal authority
  178  shall make a good faith effort to approve or deny a completed
  179  application within 60 days after receipt.
  180         (8)MAINTAINING RECORDS.—Each state agency or water
  181  management district required to participate in the E-SHOP
  182  FLORIDA system shall maintain a record of the time required for
  183  each agency or district to process each application filed under
  184  the system. The records must be compiled into a report to be
  185  submitted to the President of the Senate and the Speaker of the
  186  House of Representatives by January 15 of each year beginning in
  187  2011.
  188         (9)REDUCTION IN FEES.—A state agency or a water management
  189  district required to participate in the E-SHOP FLORIDA system
  190  may reduce a permit fee by 25 percent for applicants that submit
  191  an application over the Internet which does not require the
  192  agency or the district to request additional information from
  193  the applicant.
  194         Section 2. Paragraph (b) of subsection (7) of section
  195  373.036, Florida Statutes, is amended to read:
  196         373.036 Florida water plan; district water management
  197  plans.—
  198         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  199         (b) The consolidated annual report shall contain the
  200  following elements, as appropriate to that water management
  201  district:
  202         1. A district water management plan annual report or the
  203  annual work plan report allowed in subparagraph (2)(e)4.
  204         2. The department-approved minimum flows and levels annual
  205  priority list and schedule required by s. 373.042(2).
  206         3. The annual 5-year capital improvements plan required by
  207  s. 373.536(6)(a)3.
  208         4. The alternative water supplies annual report required by
  209  s. 373.1961(3)(n).
  210         5. The final annual 5-year water resource development work
  211  program required by s. 373.536(6)(a)4.
  212         6. The Florida Forever Water Management District Work Plan
  213  annual report required by s. 373.199(7).
  214         7. The mitigation donation annual report required by s.
  215  373.414(1)(c)2. s. 373.414(1)(b)2.
  216         Section 3. Paragraph (e) of subsection (6) and subsection
  217  (7) of section 373.4135, Florida Statutes, are amended to read:
  218         373.4135 Mitigation banks and offsite regional mitigation.—
  219         (6) An environmental creation, preservation, enhancement,
  220  or restoration project, including regional offsite mitigation
  221  areas, for which money is donated or paid as mitigation, that is
  222  sponsored by the department, a water management district, or a
  223  local government and provides mitigation for five or more
  224  applicants for permits under this part, or for 35 or more acres
  225  of adverse impacts, shall be established and operated under a
  226  memorandum of agreement. The memorandum of agreement shall be
  227  between the governmental entity proposing the mitigation project
  228  and the department or water management district, as appropriate.
  229  Such memorandum of agreement need not be adopted by rule. For
  230  the purposes of this subsection, one creation, preservation,
  231  enhancement, or restoration project shall mean one or more
  232  parcels of land with similar ecological communities that are
  233  intended to be created, preserved, enhanced, or restored under a
  234  common scheme.
  235         (e) Projects governed by this subsection, except for
  236  projects established pursuant to subsection (7), shall be
  237  subject to the provisions of s. 373.414(1)(c)1. s.
  238  373.414(1)(b)1.
  239         (7) The department, water management districts, and local
  240  governments may elect to establish and manage mitigation sites,
  241  including regional offsite mitigation areas, or contract with
  242  permitted mitigation banks, to provide mitigation options for
  243  private single-family lots or homeowners. The department, water
  244  management districts, and local governments shall provide a
  245  written notice of their election under this subsection by United
  246  States mail to those individuals who have requested, in writing,
  247  to receive such notice. The use of mitigation options
  248  established under this subsection are not subject to the full
  249  cost-accounting provision of s. 373.414(1)(c)1. s.
  250  373.414(1)(b)1. To use a mitigation option established under
  251  this subsection, the applicant for a permit under this part must
  252  be a private, single-family lot or homeowner, and the land upon
  253  which the adverse impact is located must be intended for use as
  254  a single-family residence by the current owner. The applicant
  255  must not be a corporation, partnership, or other business
  256  entity. However, the provisions of this subsection shall not
  257  apply to other entities that establish offsite regional
  258  mitigation as defined in this section and s. 373.403.
  259         Section 4. Paragraph (d) of subsection (6) of section
  260  373.4136, Florida Statutes, is amended to read:
  261         373.4136 Establishment and operation of mitigation banks.—
  262         (6) MITIGATION SERVICE AREA.—The department or water
  263  management district shall establish a mitigation service area
  264  for each mitigation bank permit. The department or water
  265  management district shall notify and consider comments received
  266  on the proposed mitigation service area from each local
  267  government within the proposed mitigation service area. Except
  268  as provided herein, mitigation credits may be withdrawn and used
  269  only to offset adverse impacts in the mitigation service area.
  270  The boundaries of the mitigation service area shall depend upon
  271  the geographic area where the mitigation bank could reasonably
  272  be expected to offset adverse impacts. Mitigation service areas
  273  may overlap, and mitigation service areas for two or more
  274  mitigation banks may be approved for a regional watershed.
  275         (d) If the requirements in s. 373.414(1)(c) s.
  276  373.414(1)(b) and (8) are met, the following projects or
  277  activities regulated under this part shall be eligible to use a
  278  mitigation bank, regardless of whether they are located within
  279  the mitigation service area:
  280         1. Projects with adverse impacts partially located within
  281  the mitigation service area.
  282         2. Linear projects, such as roadways, transmission lines,
  283  distribution lines, pipelines, or railways.
  284         3. Projects with total adverse impacts of less than 1 acre
  285  in size.
  286         Section 5. Subsection (1) of section 373.414, Florida
  287  Statutes, is amended to read:
  288         373.414 Additional criteria for activities in surface
  289  waters and wetlands.—
  290         (1) As part of an applicant’s demonstration that an
  291  activity regulated under this part will not be harmful to the
  292  water resources or will not be inconsistent with the overall
  293  objectives of the district, the governing board or the
  294  department shall require the applicant to provide reasonable
  295  assurance that state water quality standards applicable to
  296  waters as defined in s. 403.031(13) will not be violated and
  297  reasonable assurance that such activity in, on, or over surface
  298  waters or wetlands, as delineated in s. 373.421(1), is not
  299  contrary to the public interest. However, if such an activity
  300  significantly degrades or is within an Outstanding Florida
  301  Water, as provided by department rule, the applicant must
  302  provide reasonable assurance that the proposed activity will be
  303  clearly in the public interest.
  304         (a) In determining whether an activity, which is in, on, or
  305  over surface waters or wetlands, as delineated in s. 373.421(1),
  306  and is regulated under this part, is not contrary to the public
  307  interest or is clearly in the public interest, the governing
  308  board or the department shall consider and balance the following
  309  criteria:
  310         1. Whether the activity will adversely affect the public
  311  health, safety, or welfare or the property of others;
  312         2. Whether the activity will adversely affect the
  313  conservation of fish and wildlife, including endangered or
  314  threatened species, or their habitats;
  315         3. Whether the activity will adversely affect navigation or
  316  the flow of water or cause harmful erosion or shoaling;
  317         4. Whether the activity will adversely affect the fishing
  318  or recreational values or marine productivity in the vicinity of
  319  the activity;
  320         5. Whether the activity will be of a temporary or permanent
  321  nature;
  322         6. Whether the activity will adversely affect or will
  323  enhance significant historical and archaeological resources
  324  under the provisions of s. 267.061; and
  325         7. The current condition and relative value of functions
  326  being performed by areas affected by the proposed activity.
  327         (b)1.A permit application prepared and signed by a
  328  professional engineer licensed under chapter 471, a professional
  329  landscape architect licensed under chapter 481, a professional
  330  surveyor and mapper licensed under chapter 472, or a
  331  professional geologist licensed under chapter 492, which is
  332  determined to be completed by the governing board or the
  333  department, is presumed to be in compliance with the provisions
  334  of this section. If the governing board or the department denies
  335  such application or if such application is challenged by a third
  336  party, the governing board, the department, or the challenging
  337  party bears the burden of proving noncompliance by a
  338  preponderance of the evidence.
  339         2.The department or a water management district may
  340  forward to the appropriate professional regulatory board or the
  341  Department of Business and Professional Regulation a complaint
  342  against the registered professional specified in subparagraph 1.
  343  if the department or district finds that a review under s.
  344  455.227 is warranted. If the professional regulatory board or
  345  the Department of Business and Professional Regulation sanctions
  346  the registered professional pursuant to the complaint, the
  347  registered professional is prohibited from preparing and signing
  348  permit applications under this section. A registered
  349  professional who is sanctioned three times by a professional
  350  regulatory board or the Department of Business and Professional
  351  Regulation, or both, is permanently prohibited from preparing
  352  and signing permit applications under this section.
  353         (c)(b) If the applicant is unable to otherwise meet the
  354  criteria set forth in this subsection, the governing board or
  355  the department, in deciding to grant or deny a permit, shall
  356  consider measures proposed by or acceptable to the applicant to
  357  mitigate adverse effects that may be caused by the regulated
  358  activity. Such measures may include, but are not limited to,
  359  onsite mitigation, offsite mitigation, offsite regional
  360  mitigation, and the purchase of mitigation credits from
  361  mitigation banks permitted under s. 373.4136. It shall be the
  362  responsibility of the applicant to choose the form of
  363  mitigation. The mitigation must offset the adverse effects
  364  caused by the regulated activity.
  365         1. The department or water management districts may accept
  366  the donation of money as mitigation only where the donation is
  367  specified for use in a duly noticed environmental creation,
  368  preservation, enhancement, or restoration project, endorsed by
  369  the department or the governing board of the water management
  370  district, which offsets the impacts of the activity permitted
  371  under this part. However, the provisions of this subsection
  372  shall not apply to projects undertaken pursuant to s. 373.4137
  373  or chapter 378. Where a permit is required under this part to
  374  implement any project endorsed by the department or a water
  375  management district, all necessary permits must have been issued
  376  prior to the acceptance of any cash donation. After the
  377  effective date of this act, when money is donated to either the
  378  department or a water management district to offset impacts
  379  authorized by a permit under this part, the department or the
  380  water management district shall accept only a donation that
  381  represents the full cost to the department or water management
  382  district of undertaking the project that is intended to mitigate
  383  the adverse impacts. The full cost shall include all direct and
  384  indirect costs, as applicable, such as those for land
  385  acquisition, land restoration or enhancement, perpetual land
  386  management, and general overhead consisting of costs such as
  387  staff time, building, and vehicles. The department or the water
  388  management district may use a multiplier or percentage to add to
  389  other direct or indirect costs to estimate general overhead.
  390  Mitigation credit for such a donation shall be given only to the
  391  extent that the donation covers the full cost to the agency of
  392  undertaking the project that is intended to mitigate the adverse
  393  impacts. However, nothing herein shall be construed to prevent
  394  the department or a water management district from accepting a
  395  donation representing a portion of a larger project, provided
  396  that the donation covers the full cost of that portion and
  397  mitigation credit is given only for that portion. The department
  398  or water management district may deviate from the full cost
  399  requirements of this subparagraph to resolve a proceeding
  400  brought pursuant to chapter 70 or a claim for inverse
  401  condemnation. Nothing in this section shall be construed to
  402  require the owner of a private mitigation bank, permitted under
  403  s. 373.4136, to include the full cost of a mitigation credit in
  404  the price of the credit to a purchaser of said credit.
  405         2. The department and each water management district shall
  406  report by March 1 of each year, as part of the consolidated
  407  annual report required by s. 373.036(7), all cash donations
  408  accepted under subparagraph 1. during the preceding water
  409  management district fiscal year for wetland mitigation purposes.
  410  The report shall exclude those contributions pursuant to s.
  411  373.4137. The report shall include a description of the endorsed
  412  mitigation projects and, except for projects governed by s.
  413  373.4135(6), shall address, as applicable, success criteria,
  414  project implementation status and timeframe, monitoring, long
  415  term management, provisions for preservation, and full cost
  416  accounting.
  417         3. If the applicant is unable to meet water quality
  418  standards because existing ambient water quality does not meet
  419  standards, the governing board or the department shall consider
  420  mitigation measures proposed by or acceptable to the applicant
  421  that cause net improvement of the water quality in the receiving
  422  body of water for those parameters which do not meet standards.
  423         4. If mitigation requirements imposed by a local government
  424  for surface water and wetland impacts of an activity regulated
  425  under this part cannot be reconciled with mitigation
  426  requirements approved under a permit for the same activity
  427  issued under this part, including application of the uniform
  428  wetland mitigation assessment method adopted pursuant to
  429  subsection (18), the mitigation requirements for surface water
  430  and wetland impacts shall be controlled by the permit issued
  431  under this part.
  432         (d)(c) Where activities for a single project regulated
  433  under this part occur in more than one local government
  434  jurisdiction, and where permit conditions or regulatory
  435  requirements are imposed by a local government for these
  436  activities which cannot be reconciled with those imposed by a
  437  permit under this part for the same activities, the permit
  438  conditions or regulatory requirements shall be controlled by the
  439  permit issued under this part.
  440         Section 6. Subsection (12) is added to section 403.814,
  441  Florida Statutes, to read:
  442         403.814 General permits; delegation.—
  443         (12)The department and the water management districts
  444  shall expand the use of Internet-based self-certification to be
  445  used by applicants for appropriate exemptions and general
  446  permits issued by the department and the districts. The
  447  department and the districts shall identify and develop general
  448  permits for activities for which review may be expedited through
  449  the use of professional certification. Such activities include
  450  specified stormwater treatment and stormwater management systems
  451  not located in wetlands or other surface waters. The department
  452  and the water management districts shall submit a progress
  453  report on efforts to expand the use of Internet-based self
  454  certification and expedited review through the use of
  455  professional certifications to the President of the Senate and
  456  the Speaker of the House of Representatives by January 15, 2010.
  457         Section 7. Section 288.109, Florida Statutes, is repealed.
  458         Section 8. This act shall take effect July 1, 2009.