1 | A bill to be entitled |
2 | An act relating to regulatory reform; extending certain |
3 | construction, operating, and building permits and |
4 | development orders for a specified period of time; |
5 | providing exceptions; specifying retroactive applicability |
6 | for such extensions; providing requirements; providing |
7 | applicability; amending s. 120.569, F.S.; providing for |
8 | specified electronic notice of the procedure to obtain an |
9 | administrative hearing or judicial review; amending s. |
10 | 120.60, F.S.; revising provisions relating to licensing |
11 | under the Administrative Procedure Act; providing for |
12 | objection to an agency's request for additional |
13 | information; requiring an agency to process a permit |
14 | application at the request of an applicant under certain |
15 | circumstances; amending s. 125.022, F.S.; prohibiting a |
16 | county from requiring an applicant to obtain certain |
17 | permits or approval as a condition for approval of a |
18 | development permit; creating s. 161.032, F.S.; requiring |
19 | the Department of Environmental Protection to request |
20 | additional information for coastal construction permit |
21 | applications within a specified period of time; providing |
22 | for the objection to such request by the applicant; |
23 | extending the period of time for applicants to provide |
24 | additional information to the department; providing for |
25 | the denial of an application under certain conditions; |
26 | amending s. 163.033, F.S.; prohibiting a municipality from |
27 | requiring an applicant to obtain certain permits or |
28 | approval as a condition for approval of a development |
29 | permit; amending s. 253.034, F.S.; providing for the |
30 | deposition of dredged materials on state-owned submerged |
31 | lands in certain circumstances and for certain purposes; |
32 | amending s. 258.42, F.S.; authorizing the placement of |
33 | roofs on specified docks; providing requirements; |
34 | providing an exemption from certain calculations; amending |
35 | s. 373.026, F.S.; directing the Department of |
36 | Environmental Protection to expand the use of Internet- |
37 | based self-certification services for certain exemptions |
38 | and general permits; directing the department and the |
39 | water management districts to identify and develop |
40 | professional certification for certain permitted |
41 | activities; amending ss. 373.079, 373.083, and 373.118, |
42 | F.S.; requiring a water management district's governing |
43 | board to delegate to the executive director its authority |
44 | to approve certain permits or grant variances or waivers |
45 | of permitting requirements; providing that such delegation |
46 | is not subject to certain rulemaking requirements; |
47 | prohibiting board members from intervening in application |
48 | review prior to referral for final action; amending s. |
49 | 373.236, F.S.; authorizing water management districts to |
50 | issue 50-year consumptive use permits to specified |
51 | entities for certain alternative water supply development |
52 | projects; providing for compliance reporting and review, |
53 | modification, and revocation relating to such permits; |
54 | amending s. 373.406, F.S.; providing an exemption from |
55 | permitting requirements for construction of specified |
56 | public use facilities; creating s. 373.4061, F.S.; |
57 | providing for issuance of a general permit to counties to |
58 | construct, operate, alter, maintain, or remove systems for |
59 | the purposes of environmental restoration; specifying |
60 | requirements for such permits; requiring the water |
61 | management district or the department to provide counties |
62 | with certain written notification; providing that the |
63 | permit constitutes a letter of consent by the Board of |
64 | Trustees of the Internal Improvement Trust Fund to |
65 | complete certain activities; amending s. 373.4141, F.S.; |
66 | extending the period of time for applicants to provide |
67 | additional information for certain permit applications; |
68 | providing for the denial of an application under certain |
69 | conditions; amending s. 373.441, F.S.; restricting the |
70 | authority of the Department of Environmental Protection |
71 | and the water management districts to regulate certain |
72 | activities relating to local pollution control programs; |
73 | providing exceptions; creating s. 379.1051, F.S.; |
74 | prohibiting the regulation of wild animal life, fresh |
75 | water aquatic life, or marine fish by governmental |
76 | entities without the authorization of the Fish and |
77 | Wildlife Conservation Commission; amending s. 403.061, |
78 | F.S.; authorizing the department to adopt rules that |
79 | include special criteria for approval of construction and |
80 | operation of certain docking facilities; authorizing the |
81 | department to maintain a list of projects or activities |
82 | for applicants to consider when developing certain |
83 | proposals; authorizing the department to develop a project |
84 | management plan to implement an e-permitting program; |
85 | authorizing the department to expand online self- |
86 | certification for certain exemptions and general permits; |
87 | prohibiting local governments from specifying the method |
88 | or form of documentation by which a project meets |
89 | specified provisions; amending s. 403.813, F.S.; |
90 | clarifying provisions relating to permits issued at |
91 | district centers; authorizing the use of certain materials |
92 | and deviations for the replacement or repair of docks and |
93 | piers; amending s. 403.814, F.S.; directing the Department |
94 | of Environmental Protection to expand the use of Internet- |
95 | based self-certification services for certain exemptions |
96 | and general permits; requiring the department to submit a |
97 | report to the Legislature by a specified date; amending s. |
98 | 403.973, F.S.; removing the authority of the Office of |
99 | Tourism, Trade, and Economic Development to approve |
100 | expedited permitting and comprehensive plan amendments and |
101 | providing such authority to the Secretary of Environmental |
102 | Protection; revising criteria for businesses submitting |
103 | permit applications or local comprehensive plan |
104 | amendments; providing that permit applications and local |
105 | comprehensive plan amendments for specified biofuel and |
106 | renewable energy projects are eligible for the expedited |
107 | permitting process; providing for the establishment of |
108 | regional permit action teams through the execution of |
109 | memoranda of agreement developed by permit applicants and |
110 | the secretary; providing for the appeal of a local |
111 | government's approval of an expedited permit or |
112 | comprehensive plan amendment and requiring such appeals to |
113 | be consolidated with challenges to state agency actions; |
114 | specifying the form of the memoranda of agreement |
115 | developed by the secretary; revising the time by which |
116 | certain final orders must be issued; providing additional |
117 | requirements for recommended orders; providing for |
118 | challenges to state agency action related to expedited |
119 | permitting for specified renewable energy projects; |
120 | revising provisions relating to the review of sites |
121 | proposed for the location of facilities eligible for the |
122 | Innovation Incentive Program; specifying expedited review |
123 | eligibility for certain electrical power projects; |
124 | amending ss. 14.2015, 288.0655, and 380.06, F.S.; |
125 | conforming cross-references; providing an effective date. |
126 |
|
127 | Be It Enacted by the Legislature of the State of Florida: |
128 |
|
129 | Section 1. (1) Except as provided in subsection (4), and |
130 | in recognition of 2009 real estate market conditions, any permit |
131 | issued by the Department of Community Affairs or any permit |
132 | issued by the Department of Environmental Protection or a water |
133 | management district pursuant to part IV of chapter 373, Florida |
134 | Statutes, that has an expiration date of September 1, 2008, |
135 | through September 1, 2011, is extended and renewed for a period |
136 | of 3 years following its date of expiration. This extension |
137 | includes any local government-issued development order or |
138 | building permit. This section shall not be construed to prohibit |
139 | conversion from the construction phase to the operation phase |
140 | upon completion of construction. |
141 | (2) The completion date for any required mitigation |
142 | associated with a phased construction project shall be extended |
143 | so that mitigation takes place in the same timeframe relative to |
144 | the phase as originally permitted. |
145 | (3) The holder of a valid permit or other authorization |
146 | that is eligible for the 3-year extension shall notify the |
147 | authorizing agency in writing no later than September 30, 2010, |
148 | identifying the specific authorization for which the holder |
149 | intends to use the extension. |
150 | (4) The extensions provided for in subsection (1) do not |
151 | apply to: |
152 | (a) A permit or other authorization under any programmatic |
153 | or regional general permit issued by the Army Corps of |
154 | Engineers. |
155 | (b) A permit or other authorization held by an owner or |
156 | operator determined to be in significant noncompliance with the |
157 | conditions of the permit or authorization as established through |
158 | the issuance of a warning letter or notice of violation, the |
159 | initiation of formal enforcement, or other equivalent action by |
160 | the authorizing agency. |
161 | (5) Permits extended under this section shall continue to |
162 | be governed by rules in effect at the time the permit was |
163 | issued. This provision shall apply to any modification of the |
164 | plans, terms, and conditions of the permit that lessens the |
165 | environmental impact, except that any such modification shall |
166 | not extend the time limit beyond 3 additional years. |
167 | Section 2. Subsection (1) of section 120.569, Florida |
168 | Statutes, is amended to read: |
169 | 120.569 Decisions which affect substantial interests.-- |
170 | (1) The provisions of this section apply in all |
171 | proceedings in which the substantial interests of a party are |
172 | determined by an agency, unless the parties are proceeding under |
173 | s. 120.573 or s. 120.574. Unless waived by all parties, s. |
174 | 120.57(1) applies whenever the proceeding involves a disputed |
175 | issue of material fact. Unless otherwise agreed, s. 120.57(2) |
176 | applies in all other cases. If a disputed issue of material fact |
177 | arises during a proceeding under s. 120.57(2), then, unless |
178 | waived by all parties, the proceeding under s. 120.57(2) shall |
179 | be terminated and a proceeding under s. 120.57(1) shall be |
180 | conducted. Parties shall be notified of any order, including a |
181 | final order. Unless waived, a copy of the order shall be |
182 | delivered or mailed to each party or the party's attorney of |
183 | record at the address of record. Each notice shall inform the |
184 | recipient of any administrative hearing or judicial review that |
185 | is available under this section, s. 120.57, or s. 120.68; shall |
186 | indicate the procedure which must be followed to obtain the |
187 | hearing or judicial review; and shall state the time limits |
188 | which apply. Notwithstanding any other provision of law, notice |
189 | of the procedure to obtain an administrative hearing or judicial |
190 | review, including any items required by the uniform rules |
191 | adopted pursuant to s. 120.54(5), may be provided via a link to |
192 | a publicly available Internet site. |
193 | Section 3. Subsection (1) of section 120.60, Florida |
194 | Statutes, is amended to read: |
195 | 120.60 Licensing.-- |
196 | (1) Upon receipt of an application for a license, an |
197 | agency shall examine the application and, within 30 days after |
198 | such receipt, notify the applicant of any apparent errors or |
199 | omissions and request any additional information the agency is |
200 | permitted by law to require. If the applicant believes the |
201 | request for such additional information is not authorized by law |
202 | or agency rule, the agency, at the applicant's request, shall |
203 | proceed to process the permit application. An agency shall not |
204 | deny a license for failure to correct an error or omission or to |
205 | supply additional information unless the agency timely notified |
206 | the applicant within this 30-day period. An application shall be |
207 | considered complete upon receipt of all requested information |
208 | and correction of any error or omission for which the applicant |
209 | was timely notified or when the time for such notification has |
210 | expired. Every application for a license shall be approved or |
211 | denied within 90 days after receipt of a completed application |
212 | unless a shorter period of time for agency action is provided by |
213 | law. The 90-day time period shall be tolled by the initiation of |
214 | a proceeding under ss. 120.569 and 120.57. Any application for a |
215 | license that is not approved or denied within the 90-day or |
216 | shorter time period, within 15 days after conclusion of a public |
217 | hearing held on the application, or within 45 days after a |
218 | recommended order is submitted to the agency and the parties, |
219 | whichever action and timeframe is latest and applicable, is |
220 | considered approved unless the recommended order recommends that |
221 | the agency deny the license. Subject to the satisfactory |
222 | completion of an examination if required as a prerequisite to |
223 | licensure, any license that is considered approved shall be |
224 | issued and may include such reasonable conditions as are |
225 | authorized by law. Any applicant for licensure seeking to claim |
226 | licensure by default under this subsection shall notify the |
227 | agency clerk of the licensing agency, in writing, of the intent |
228 | to rely upon the default license provision of this subsection, |
229 | and shall not take any action based upon the default license |
230 | until after receipt of such notice by the agency clerk. |
231 | Section 4. Section 125.022, Florida Statutes, is amended |
232 | to read: |
233 | 125.022 Development permits.--When a county denies an |
234 | application for a development permit, the county shall give |
235 | written notice to the applicant. The notice must include a |
236 | citation to the applicable portions of an ordinance, rule, |
237 | statute, or other legal authority for the denial of the permit. |
238 | As used in this section, the term "development permit" has the |
239 | same meaning as in s. 163.3164. A county may not require as a |
240 | condition of approval for a development permit that an applicant |
241 | obtain a permit or approval from any other state or federal |
242 | agency. Issuance of a development permit by a county does not in |
243 | any way create any rights on the part of an applicant to obtain |
244 | a permit from another state or federal agency and does not |
245 | create any liability on the part of the county for issuance of |
246 | the permit in the event that an applicant fails to fulfill its |
247 | legal obligations to obtain requisite approvals or fulfill the |
248 | obligations imposed by other state or federal agencies. A county |
249 | may attach such a disclaimer to the issuance of development |
250 | permits. This section shall not be construed to prohibit a |
251 | county from providing information to an applicant regarding what |
252 | other state or federal permits may be applicable. |
253 | Section 5. Section 161.032, Florida Statutes, is created |
254 | to read: |
255 | 161.032 Application review; request for additional |
256 | information.-- |
257 | (1) Within 30 days after receipt of an application for a |
258 | permit under this part, the department shall review the |
259 | application and shall request submission of any additional |
260 | information the department is permitted by law to require. If |
261 | the applicant believes a request for additional information is |
262 | not authorized by law or rule, the applicant may request a |
263 | hearing pursuant to s. 120.57. Within 30 days after receipt of |
264 | such additional information, the department shall review such |
265 | additional information and may request only that information |
266 | needed to clarify such additional information or to answer new |
267 | questions raised by or directly related to such additional |
268 | information. If the applicant believes the request for such |
269 | additional information by the department is not authorized by |
270 | law or rule, the department, at the applicant's request, shall |
271 | proceed to process the permit application. |
272 | (2) Notwithstanding the provisions of s. 120.60, an |
273 | applicant for a permit under this part shall have 90 days after |
274 | the date of a timely request for additional information to |
275 | submit such information. If an applicant requires more than 90 |
276 | days to respond to a request for additional information, the |
277 | applicant must notify the agency processing the permit |
278 | application in writing of the circumstances, at which time the |
279 | application shall be held in active status for no more than one |
280 | additional period of up to 90 days. Such extensions may be |
281 | granted for good cause shown by the applicant. A showing that |
282 | the applicant is making a diligent effort to obtain the |
283 | requested additional information shall constitute good cause. |
284 | Failure of an applicant to provide the timely requested |
285 | information by the applicable deadline shall result in denial of |
286 | the application without prejudice. |
287 | Section 6. Section 166.033, Florida Statutes, is amended |
288 | to read: |
289 | 166.033 Development permits.--When a municipality denies |
290 | an application for a development permit, the municipality shall |
291 | give written notice to the applicant. The notice must include a |
292 | citation to the applicable portions of an ordinance, rule, |
293 | statute, or other legal authority for the denial of the permit. |
294 | As used in this section, the term "development permit" has the |
295 | same meaning as in s. 163.3164. A municipality may not require |
296 | as a condition of approval for a development permit that an |
297 | applicant obtain a permit or approval from any other state or |
298 | federal agency. Issuance of a development permit by a |
299 | municipality does not in any way create any right on the part of |
300 | an applicant to obtain a permit from another state or federal |
301 | agency and does not create any liability on the part of the |
302 | municipality for issuance of the permit in the event that an |
303 | applicant fails to fulfill its legal obligations to obtain |
304 | requisite approvals or fulfill the obligations imposed by other |
305 | state or federal agencies. A municipality may attach such a |
306 | disclaimer to the issuance of development permits. This section |
307 | shall not be construed to prohibit a municipality from providing |
308 | information to an applicant regarding what other state or |
309 | federal permits may be applicable. |
310 | Section 7. Subsection (13) of section 253.034, Florida |
311 | Statutes, is amended to read: |
312 | 253.034 State-owned lands; uses.-- |
313 | (13) The deposition of dredged material on state-owned |
314 | submerged lands for the purpose of restoring previously dredged |
315 | holes to natural conditions shall be conducted in such a manner |
316 | as to maximize environmental benefits. In such cases, the |
317 | dredged material shall be placed in the dredge hole at an |
318 | elevation consistent with the surrounding area to allow light |
319 | penetration so as to maximize propagation of native vegetation. |
320 | When available dredged material is of insufficient quantity to |
321 | raise the entire dredge hole to prior natural elevations, then |
322 | placement shall be limited to a portion of the dredge hole where |
323 | elevations can be restored to natural elevations Notwithstanding |
324 | the provisions of this section, funds from the sale of property |
325 | by the Department of Highway Safety and Motor Vehicles located |
326 | in Palm Beach County are authorized to be deposited into the |
327 | Highway Safety Operating Trust Fund to facilitate the exchange |
328 | as provided in the General Appropriations Act, provided that at |
329 | the conclusion of both exchanges the values are equalized. This |
330 | subsection expires July 1, 2009. |
331 | Section 8. Paragraph (e) of subsection (3) of section |
332 | 258.42, Florida Statutes, is amended to read: |
333 | 258.42 Maintenance of preserves.--The Board of Trustees of |
334 | the Internal Improvement Trust Fund shall maintain such aquatic |
335 | preserves subject to the following provisions: |
336 | (3) |
337 | (e) There shall be no erection of structures within the |
338 | preserve, except: |
339 | 1. Private residential docks may be approved for |
340 | reasonable ingress or egress of riparian owners. Slips located |
341 | at private residential single-family docks that contain boat |
342 | lifts or davits which do not float in the water when loaded may |
343 | be roofed, but may not be in whole or in part enclosed with |
344 | walls, provided that the roof shall not overhang more that 1- |
345 | foot beyond the footprint of the boat lift. Such roofs shall not |
346 | be considered to be part of the square-footage calculations of |
347 | the terminal platform. |
348 | 2. Private residential multislip docks may be approved if |
349 | located within a reasonable distance of a publicly maintained |
350 | navigation channel, or a natural channel of adequate depth and |
351 | width to allow operation of the watercraft for which the docking |
352 | facility is designed without the craft having an adverse impact |
353 | on marine resources. The distance shall be determined in |
354 | accordance with criteria established by the trustees by rule, |
355 | based on a consideration of the depth of the water, nature and |
356 | condition of bottom, and presence of manatees. |
357 | 3. Commercial docking facilities shown to be consistent |
358 | with the use or management criteria of the preserve may be |
359 | approved if the facilities are located within a reasonable |
360 | distance of a publicly maintained navigation channel, or a |
361 | natural channel of adequate depth and width to allow operation |
362 | of the watercraft for which the docking facility is designed |
363 | without the craft having an adverse impact on marine resources. |
364 | The distance shall be determined in accordance with criteria |
365 | established by the trustees by rule, based on a consideration of |
366 | the depth of the water, nature and condition of bottom, and |
367 | presence of manatees. |
368 | 4. Structures for shore protection, including restoration |
369 | of seawalls at their previous location or upland of or within 18 |
370 | inches waterward of their previous location, approved |
371 | navigational aids, or public utility crossings authorized under |
372 | paragraph (a) may be approved. |
373 |
|
374 | No structure under this paragraph or chapter 253 shall be |
375 | prohibited solely because the local government fails to adopt a |
376 | marina plan or other policies dealing with the siting of such |
377 | structures in its local comprehensive plan. |
378 | Section 9. Subsection (10) is added to section 373.026, |
379 | Florida Statutes, to read: |
380 | 373.026 General powers and duties of the department.--The |
381 | department, or its successor agency, shall be responsible for |
382 | the administration of this chapter at the state level. However, |
383 | it is the policy of the state that, to the greatest extent |
384 | possible, the department may enter into interagency or |
385 | interlocal agreements with any other state agency, any water |
386 | management district, or any local government conducting programs |
387 | related to or materially affecting the water resources of the |
388 | state. All such agreements shall be subject to the provisions of |
389 | s. 373.046. In addition to its other powers and duties, the |
390 | department shall, to the greatest extent possible: |
391 | (10) Expand the use of Internet-based self-certification |
392 | services for appropriate exemptions and general permits issued |
393 | by the department and the water management districts. In |
394 | addition to expanding the use of Internet-based self- |
395 | certification services for appropriate exemptions and general |
396 | permits, the department and water management districts shall |
397 | identify and develop general permits for activities currently |
398 | requiring individual review that could be expedited through the |
399 | use of professional certification. |
400 | Section 10. Paragraph (a) of subsection (4) of section |
401 | 373.079, Florida Statutes, is amended to read: |
402 | 373.079 Members of governing board; oath of office; |
403 | staff.-- |
404 | (4)(a) The governing board of the district is authorized |
405 | to employ an executive director, ombudsman, and such engineers, |
406 | other professional persons, and other personnel and assistants |
407 | as it deems necessary and under such terms and conditions as it |
408 | may determine and to terminate such employment. The appointment |
409 | of an executive director by the governing board is subject to |
410 | approval by the Governor and must be initially confirmed by the |
411 | Florida Senate. The governing board may delegate all or part of |
412 | its authority under this paragraph to the executive director. |
413 | However, the governing board shall delegate all of its authority |
414 | to take final action on permit applications under part II or |
415 | part IV, or petitions for variances or waivers of permitting |
416 | requirements under part II or part IV, except as provided under |
417 | ss. 373.083(5) and 373.118(4). This delegation shall not be |
418 | subject to the rulemaking requirements of chapter 120. The |
419 | executive director must be confirmed by the Senate upon |
420 | employment and must be confirmed or reconfirmed by the Senate |
421 | during the second regular session of the Legislature following a |
422 | gubernatorial election. |
423 | Section 11. Subsection (5) of section 373.083, Florida |
424 | Statutes, is amended to read: |
425 | 373.083 General powers and duties of the governing |
426 | board.--In addition to other powers and duties allowed it by |
427 | law, the governing board is authorized to: |
428 | (5) Execute any of the powers, duties, and functions |
429 | vested in the governing board through a member or members |
430 | thereof, the executive director, or other district staff as |
431 | designated by the governing board. The governing board may |
432 | establish the scope and terms of any delegation. However, if The |
433 | governing board shall delegate to the executive director |
434 | delegates the authority to take final action on permit |
435 | applications under part II or part IV, or petitions for |
436 | variances or waivers of permitting requirements under part II or |
437 | part IV, and such delegation shall not be subject to the |
438 | rulemaking requirements of chapter 120. However, the governing |
439 | board shall provide a process for referring any denial of such |
440 | application or petition to the governing board to take final |
441 | action. Such process shall expressly prohibit any member of a |
442 | governing board from intervening in the review of an application |
443 | prior to the application being referred to the governing board |
444 | to final action. The authority in this subsection is |
445 | supplemental to any other provision of this chapter granting |
446 | authority to the governing board to delegate specific powers, |
447 | duties, or functions. |
448 | Section 12. Subsection (4) of section 373.118, Florida |
449 | Statutes, is amended to read: |
450 | 373.118 General permits; delegation.-- |
451 | (4) To provide for greater efficiency, the governing board |
452 | shall may delegate by rule its powers and duties pertaining to |
453 | general permits to the executive director and such delegation |
454 | shall not be subject to the rulemaking requirements of chapter |
455 | 120. The executive director may execute such delegated authority |
456 | through designated staff. However, when delegating the authority |
457 | to take final action on permit applications under part II or |
458 | part IV or petitions for variances or waivers of permitting |
459 | requirements under part II or part IV, the governing board shall |
460 | provide a process for referring any denial of such application |
461 | or petition to the governing board to take such final action. |
462 | Section 13. Subsection (6) is added to section 373.236, |
463 | Florida Statutes, to read: |
464 | 373.236 Duration of permits; compliance reports.-- |
465 | (6)(a) The Legislature finds that the need for alternative |
466 | water supply development projects to meet anticipated public |
467 | water supply demands of the state is such that it is essential |
468 | to encourage participation in and contribution to such projects |
469 | by private rural landowners who characteristically have |
470 | relatively modest near-term water demands but substantially |
471 | increasing demands after the 20-year planning period provided in |
472 | s. 373.0361. Therefore, where such landowners make extraordinary |
473 | contributions of lands or construction funding to enable the |
474 | expeditious implementation of such projects, water management |
475 | districts and the department are authorized to grant permits for |
476 | such projects for a period of up to 50 years to municipalities, |
477 | counties, special districts, regional water supply authorities, |
478 | multijurisdictional water supply entities, and publicly or |
479 | privately owned utilities created for or by the private |
480 | landowners on or before April 1, 2009, which have entered into |
481 | an agreement with the private landowner for the purposes of more |
482 | efficiently pursuing alternative public water supply development |
483 | projects identified in a district's regional water supply plan |
484 | and meeting water demands of both the applicant and the |
485 | landowner. |
486 | (b) Any permit granted pursuant to paragraph (a) shall be |
487 | granted only for that period of time for which there is |
488 | sufficient data to provide reasonable assurance that the |
489 | conditions for permit issuance will be met. Such a permit shall |
490 | require a compliance report by the permittee every 5 years |
491 | during the term of the permit. The report shall contain |
492 | sufficient data to maintain reasonable assurance that the |
493 | conditions for permit issuance applicable at the time of |
494 | district review of the compliance report are met. Following |
495 | review of the report, the governing board or the department may |
496 | modify the permit to ensure that the use meets the conditions |
497 | for issuance. This subsection shall not limit the existing |
498 | authority of the department or the governing board to modify or |
499 | revoke a consumptive use permit. |
500 | Section 14. Subsection (12) is added to section 373.406, |
501 | Florida Statutes, to read: |
502 | 373.406 Exemptions.--The following exemptions shall apply: |
503 | (12)(a) Construction of public use facilities in |
504 | accordance with Florida Communities Trust grant-approved |
505 | projects on county-owned natural lands. Such facilities may |
506 | include a parking lot, including an access road, not to exceed a |
507 | total size of 0.7 acres that is located entirely in uplands; |
508 | pile-supported boardwalks having a maximum width of 6 feet, with |
509 | exceptions for ADA compliance; and pile-supported observation |
510 | platforms, each of which shall not exceed 120 square feet in |
511 | size. |
512 | (b) Fill shall not be placed in, on, or over wetlands or |
513 | other surface waters except pilings for boardwalks and |
514 | observation platforms, all of which structures located in, on, |
515 | or over wetlands and other surface waters shall be sited, |
516 | constructed, and elevated to minimize adverse impacts to native |
517 | vegetation and shall be limited to a combined over-water surface |
518 | area not to exceed 0.5 acres. All stormwater flow from roads, |
519 | parking areas, and trails shall sheet flow into uplands, and the |
520 | use of pervious pavement is encouraged. |
521 | Section 15. Section 373.4061, Florida Statutes, is created |
522 | to read: |
523 | 373.4061 Noticed general permit to counties for |
524 | environmental restoration activities.-- |
525 | (1) A general permit is granted to counties to construct, |
526 | operate, alter, maintain, or remove systems for the purposes of |
527 | environmental restoration or water quality improvements, subject |
528 | to the limitations and conditions of this section. |
529 | (2) The following restoration activities are authorized by |
530 | this general permit: |
531 | (a) Backfilling of existing agricultural or drainage |
532 | ditches for the sole purpose of restoring a more natural |
533 | hydroperiod to publicly owned lands, provided that adjacent |
534 | properties are not adversely affected; |
535 | (b) Placement of riprap within 15 feet waterward of the |
536 | mean or ordinary high-water line for the purpose of preventing |
537 | or abating erosion of a predominantly natural shoreline, |
538 | provided that mangrove, seagrass, coral, sponge, and other |
539 | protected marine communities are not adversely affected; |
540 | (c) Placement of riprap within 10 feet waterward of an |
541 | existing seawall or bulkhead and backfilling of the area between |
542 | the riprap and seawall or bulkhead with clean fill for the sole |
543 | purpose of planting mangroves and Spartina sp., provided that |
544 | seagrass, coral, sponge, and other protected marine communities |
545 | are not adversely affected; |
546 | (d) Scrape down of spoil islands to an intertidal |
547 | elevation or a lower elevation at which light penetration is |
548 | expected to allow for seagrass recruitment; |
549 | (e) Backfilling of existing dredge holes that are at least |
550 | 5 feet deeper than surrounding natural grades to an intertidal |
551 | elevation if doing so provides a regional net environmental |
552 | benefit or, at a minimum, to an elevation at which light |
553 | penetration is expected to allow for seagrass recruitment, with |
554 | no more than minimum displacement of highly organic sediments; |
555 | and |
556 | (f) Placement of rock riprap or clean concrete in existing |
557 | dredge holes that are at least 5 feet deeper than surrounding |
558 | natural grades, provided that placed rock or concrete does not |
559 | protrude above surrounding natural grades. |
560 | (3) In order to qualify for this general permit, the |
561 | activity must comply with the following: |
562 | (a) The project must be included in a management plan that |
563 | has been the subject of at least one public workshop; |
564 | (b) The county commission must conduct at least one public |
565 | hearing within 1 year before project initiation; |
566 | (c) The project may not be considered as mitigation for |
567 | any other project; |
568 | (d) Activities in tidal waters are limited to those |
569 | waterbodies given priority restoration status pursuant to s. |
570 | 373.453(1)(c); and |
571 | (e) Prior to submittal of a notice to use this general |
572 | permit, the county shall conduct at least one preapplication |
573 | meeting with appropriate district or department staff to discuss |
574 | project designs, implementation details, resource concerns, and |
575 | conditions for meeting applicable state water quality standards. |
576 | (4) This general permit shall be subject to the following |
577 | specific conditions: |
578 | (a) A project under this general permit shall not |
579 | significantly impede navigation or unreasonably infringe upon |
580 | the riparian rights of others. When a court of competent |
581 | jurisdiction determines that riparian rights have been |
582 | unlawfully affected, the structure or activity shall be modified |
583 | in accordance with the court's decision; |
584 | (b) All erodible surfaces, including intertidal slopes |
585 | shall be revegetated with appropriate native plantings within 72 |
586 | hours after completion of construction; |
587 | (c) Riprap material shall be clean limestone, granite, or |
588 | other native rock 1 foot to 3 feet in diameter; |
589 | (d) Fill material used to backfill dredge holes or seawall |
590 | planter areas shall be local, native material legally removed |
591 | from nearby submerged lands or shall be material brought to the |
592 | site, either of which shall comply with the standard of not more |
593 | than 10 percent of the material passing through a #200 standard |
594 | sieve and containing no more than 10 percent organic content, |
595 | and is free of contaminants that will cause violations of state |
596 | water quality standards; |
597 | (e) Turbidity shall be monitored and controlled at all |
598 | times such that turbidity immediately outside the project area |
599 | complies with rules 62-302 and 62-4.242, Florida Administrative |
600 | Code; |
601 | (f) Equipment, barges, and staging areas shall not be |
602 | stored or operated over seagrass, coral, sponge, or other |
603 | protected marine communities; |
604 | (g) Structures shall be maintained in a functional |
605 | condition and shall be repaired or removed if they become |
606 | dilapidated to such an extent that they are no longer |
607 | functional. This shall not be construed to prohibit the repair |
608 | or replacement subject to the provisions of rule 18-21.005, |
609 | Florida Administrative Code within 1 year after a structure is |
610 | damaged in a discrete event such as a storm, flood, accident, or |
611 | fire; |
612 | (h) All work under this general permit shall be conducted |
613 | in conformance with the general conditions of rule 62-341.215, |
614 | Florida Administrative Code; |
615 | (i) Construction, use, or operation of the structure or |
616 | activity shall not adversely affect any species that is |
617 | endangered, threatened or of special concern, as listed in rules |
618 | 68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative |
619 | Code; and |
620 | (j) The activity may not adversely impact vessels or |
621 | structures of archaeological or historical value relating to the |
622 | history, government, and culture of the state which are defined |
623 | as historic properties in s. 267.021(3). |
624 | (5) The district or department, as applicable, shall |
625 | provide written notification as to whether the proposed activity |
626 | qualifies for the general permit within 30 days after receipt of |
627 | written notice of a county's intent to use the general permit. |
628 | If the district or department notifies the county that the |
629 | system does not qualify for a noticed general permit due to an |
630 | error or omission in the original notice to the district or the |
631 | department, the county shall have 30 days from the date of the |
632 | notification to amend the notice to use the general permit and |
633 | submit such additional information to correct such error or |
634 | omission. |
635 | (6) This general permit constitutes a letter of consent by |
636 | the Board of Trustees of the Internal Improvement Trust Fund |
637 | under chapters 253 and 258, where applicable, and chapters 18- |
638 | 18, 18-20, and 18-21, Florida Administrative Code, where |
639 | applicable, for the county to enter upon and use state-owned |
640 | submerged lands to the extent necessary to complete the |
641 | activities. Activities conducted under this general permit do |
642 | not divest the state from the continued ownership of lands that |
643 | were state-owned, sovereign submerged lands prior to any use, |
644 | construction, or implementation of this general permit. |
645 | Section 16. Subsection (2) of section 373.4141, Florida |
646 | Statutes, is amended to read: |
647 | 373.4141 Permits; processing.-- |
648 | (2) Notwithstanding the provisions of s. 120.60, an |
649 | applicant for a permit under this part shall have 90 days after |
650 | the date of a timely request for additional information to |
651 | submit such information. If an applicant requires more than 120 |
652 | days to respond to a request for additional information, the |
653 | applicant must notify the agency processing the permit |
654 | application in writing of the circumstances, at which time the |
655 | application shall be held in active status for no more than one |
656 | additional period of up to 90 days. Such extensions may be |
657 | granted for good cause shown by the applicant. A showing that |
658 | the applicant is making a diligent effort to obtain the |
659 | requested additional information shall constitute good cause. |
660 | Failure of an applicant to provide the timely requested |
661 | information by the applicable deadline shall result in denial of |
662 | the application without prejudice A permit shall be approved or |
663 | denied within 90 days after receipt of the original application, |
664 | the last item of timely requested additional material, or the |
665 | applicant's written request to begin processing the permit |
666 | application. |
667 | Section 17. Subsection (4) is added to section 373.441, |
668 | Florida Statutes, to read: |
669 | 373.441 Role of counties, municipalities, and local |
670 | pollution control programs in permit processing.-- |
671 | (4) Upon delegation to a qualified local government, the |
672 | department and water management district shall not regulate the |
673 | activities subject to the delegation within that jurisdiction |
674 | unless regulation is required pursuant to the terms of the |
675 | delegation agreement. |
676 | Section 18. Section 379.1051, Florida Statutes, is created |
677 | to read: |
678 | 379.1051 Regulation by local governments.--The intent of |
679 | this section is to eliminate conflicts between the Fish and |
680 | Wildlife Conservation Commission and state agencies or local |
681 | governments relating to the regulation of wild animal life, |
682 | fresh water aquatic life, and marine fish. The Legislature |
683 | recognizes that s. 9, Art. IV of the State Constitution grants |
684 | the commission exclusive constitutional authority and |
685 | responsibility to exercise regulatory and executive powers of |
686 | the state with respect to wild animal life, fresh water aquatic |
687 | life, and marine fish. A state agency or other unit of |
688 | government may not adopt or implement regulations or ordinances |
689 | regulating the take, as defined by the commission, of wild |
690 | animal life, fresh water aquatic life, or marine fish unless |
691 | specifically authorized by the commission. Nor may any state |
692 | agency or other unit of local government impose any requirement |
693 | that has the effect of creating additional restrictions or |
694 | limitations upon activities conforming with commission rules, |
695 | management plans, guidelines, permits, or other authorizations. |
696 | Nothing in this section shall affect any voluntary agreement |
697 | between a landowner and any state agency or other unit of |
698 | government or limit the authority of local government as |
699 | otherwise provided by law. |
700 | Section 19. Subsection (29) of section 403.061, Florida |
701 | Statutes, is amended, subsection (40) is renumbered as section |
702 | (43), and new subsections (40), (41), and (42) are added to that |
703 | section, to read: |
704 | 403.061 Department; powers and duties.--The department |
705 | shall have the power and the duty to control and prohibit |
706 | pollution of air and water in accordance with the law and rules |
707 | adopted and promulgated by it and, for this purpose, to: |
708 | (29) Adopt by rule special criteria to protect Class II |
709 | shellfish harvesting waters. Rules previously adopted by the |
710 | department in rule 17-4.28(8)(a), Florida Administrative Code, |
711 | are hereby ratified and determined to be a valid exercise of |
712 | delegated legislative authority and shall remain in effect |
713 | unless amended by the Environmental Regulation Commission. Such |
714 | rules may include special criteria for approval of docking |
715 | facilities with 10 or fewer slips where construction and |
716 | operation of such facilities will not result in the closure of |
717 | shellfish waters. |
718 | (40) Maintain a list of projects or activities, including |
719 | mitigation banks, that applicants may consider when developing |
720 | proposals to meet the mitigation or public interest requirements |
721 | of this chapter, chapter 253, or chapter 373. The contents of |
722 | such a list are not a rule as defined in chapter 120, and |
723 | listing a specific project or activity does not imply approval |
724 | by the department for such project or activity. Each county |
725 | government is encouraged to develop an inventory of projects or |
726 | activities for inclusion on the list by obtaining input from |
727 | local stakeholder groups in the public, private, and nonprofit |
728 | sectors, including local governments, port authorities, marine |
729 | contractors, other representatives of the marine construction |
730 | industry, environmental or conservation organizations, and other |
731 | interested parties. A county may establish dedicated funds for |
732 | depositing public interest donations into a reserve for future |
733 | public interest projects, including improving on-water law |
734 | enforcement. |
735 | (41) Develop a project management plan to implement an e- |
736 | permitting program that allows for timely submission and |
737 | exchange of permit application and compliance information that |
738 | yields positive benefits in support of the department's mission, |
739 | permit applicants, permitholders, and the public. The plan shall |
740 | include an implementation timetable, estimated costs, and |
741 | transaction fees. The department shall submit the plan to the |
742 | President of the Senate, the Speaker of the House of |
743 | Representatives, and the Legislative Committee on |
744 | Intergovernmental Relations by January 15, 2010. |
745 | (42) Expand the use of online self-certification for |
746 | appropriate exemptions and general permits issued by the |
747 | department and the water management districts. Notwithstanding |
748 | any other provision of law, a local government is prohibited |
749 | from specifying the method or form of documentation that a |
750 | project meets the provisions for authorization under chapter |
751 | 161, chapter 253, chapter 373, or chapter 403. This shall |
752 | include Internet-based programs of the department or water |
753 | management district that provide for self-certification. |
754 |
|
755 | The department shall implement such programs in conjunction with |
756 | its other powers and duties and shall place special emphasis on |
757 | reducing and eliminating contamination that presents a threat to |
758 | humans, animals or plants, or to the environment. |
759 | Section 20. Subsections (1) and (2) of section 403.813, |
760 | Florida Statutes, as amended by section 52 of chapter 2009-21, |
761 | Laws of Florida, are amended to read: |
762 | 403.813 Permits issued at district centers; exceptions.-- |
763 | (1) A permit is not required under this chapter, chapter |
764 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
765 | chapter 25270, 1949, Laws of Florida, for activities associated |
766 | with the following types of projects; however, except as |
767 | otherwise provided in this subsection, nothing in this |
768 | subsection does not relieve relieves an applicant from any |
769 | requirement to obtain permission to use or occupy lands owned by |
770 | the Board of Trustees of the Internal Improvement Trust Fund or |
771 | any water management district in its governmental or proprietary |
772 | capacity or from complying with applicable local pollution |
773 | control programs authorized under this chapter or other |
774 | requirements of county and municipal governments: |
775 | (a) The installation of overhead transmission lines, with |
776 | support structures which are not constructed in waters of the |
777 | state and which do not create a navigational hazard. |
778 | (b) The installation and repair of mooring pilings and |
779 | dolphins associated with private docking facilities or piers and |
780 | the installation of private docks, piers and recreational |
781 | docking facilities, or piers and recreational docking facilities |
782 | of local governmental entities when the local governmental |
783 | entity's activities will not take place in any manatee habitat, |
784 | any of which docks: |
785 | 1. Has 500 square feet or less of over-water surface area |
786 | for a dock which is located in an area designated as Outstanding |
787 | Florida Waters or 1,000 square feet or less of over-water |
788 | surface area for a dock which is located in an area which is not |
789 | designated as Outstanding Florida Waters; |
790 | 2. Is constructed on or held in place by pilings or is a |
791 | floating dock which is constructed so as not to involve filling |
792 | or dredging other than that necessary to install the pilings; |
793 | 3. Shall not substantially impede the flow of water or |
794 | create a navigational hazard; |
795 | 4. Is used for recreational, noncommercial activities |
796 | associated with the mooring or storage of boats and boat |
797 | paraphernalia; and |
798 | 5. Is the sole dock constructed pursuant to this exemption |
799 | as measured along the shoreline for a distance of 65 feet, |
800 | unless the parcel of land or individual lot as platted is less |
801 | than 65 feet in length along the shoreline, in which case there |
802 | may be one exempt dock allowed per parcel or lot. |
803 |
|
804 | Nothing in this paragraph shall prohibit the department from |
805 | taking appropriate enforcement action pursuant to this chapter |
806 | to abate or prohibit any activity otherwise exempt from |
807 | permitting pursuant to this paragraph if the department can |
808 | demonstrate that the exempted activity has caused water |
809 | pollution in violation of this chapter. |
810 | (c) The installation and maintenance to design |
811 | specifications of boat ramps on artificial bodies of water where |
812 | navigational access to the proposed ramp exists or the |
813 | installation of boat ramps open to the public in any waters of |
814 | the state where navigational access to the proposed ramp exists |
815 | and where the construction of the proposed ramp will be less |
816 | than 30 feet wide and will involve the removal of less than 25 |
817 | cubic yards of material from the waters of the state, and the |
818 | maintenance to design specifications of such ramps; however, the |
819 | material to be removed shall be placed upon a self-contained |
820 | upland site so as to prevent the escape of the spoil material |
821 | into the waters of the state. |
822 | (d) The replacement or repair of existing docks and piers, |
823 | except that no fill material is to be used and provided that the |
824 | replacement or repaired dock or pier is in the same location and |
825 | of the same configuration and dimensions as the dock or pier |
826 | being replaced or repaired. This does not preclude the use of |
827 | different construction materials or minor deviations to allow |
828 | upgrades to current structural and design standards. |
829 | (e) The restoration of seawalls at their previous |
830 | locations or upland of, or within 1 foot waterward of, their |
831 | previous locations. However, this shall not affect the |
832 | permitting requirements of chapter 161, and department rules |
833 | shall clearly indicate that this exception does not constitute |
834 | an exception from the permitting requirements of chapter 161. |
835 | (f) The performance of maintenance dredging of existing |
836 | manmade canals, channels, intake and discharge structures, and |
837 | previously dredged portions of natural water bodies within |
838 | drainage rights-of-way or drainage easements which have been |
839 | recorded in the public records of the county, where the spoil |
840 | material is to be removed and deposited on a self-contained, |
841 | upland spoil site which will prevent the escape of the spoil |
842 | material into the waters of the state, provided that no more |
843 | dredging is to be performed than is necessary to restore the |
844 | canals, channels, and intake and discharge structures, and |
845 | previously dredged portions of natural water bodies, to original |
846 | design specifications or configurations, provided that the work |
847 | is conducted in compliance with s. 379.2431(2)(d), provided that |
848 | no significant impacts occur to previously undisturbed natural |
849 | areas, and provided that control devices for return flow and |
850 | best management practices for erosion and sediment control are |
851 | utilized to prevent bank erosion and scouring and to prevent |
852 | turbidity, dredged material, and toxic or deleterious substances |
853 | from discharging into adjacent waters during maintenance |
854 | dredging. Further, for maintenance dredging of previously |
855 | dredged portions of natural water bodies within recorded |
856 | drainage rights-of-way or drainage easements, an entity that |
857 | seeks an exemption must notify the department or water |
858 | management district, as applicable, at least 30 days prior to |
859 | dredging and provide documentation of original design |
860 | specifications or configurations where such exist. This |
861 | exemption applies to all canals and previously dredged portions |
862 | of natural water bodies within recorded drainage rights-of-way |
863 | or drainage easements constructed prior to April 3, 1970, and to |
864 | those canals and previously dredged portions of natural water |
865 | bodies constructed on or after April 3, 1970, pursuant to all |
866 | necessary state permits. This exemption does not apply to the |
867 | removal of a natural or manmade barrier separating a canal or |
868 | canal system from adjacent waters. When no previous permit has |
869 | been issued by the Board of Trustees of the Internal Improvement |
870 | Trust Fund or the United States Army Corps of Engineers for |
871 | construction or maintenance dredging of the existing manmade |
872 | canal or intake or discharge structure, such maintenance |
873 | dredging shall be limited to a depth of no more than 5 feet |
874 | below mean low water. The Board of Trustees of the Internal |
875 | Improvement Trust Fund may fix and recover from the permittee an |
876 | amount equal to the difference between the fair market value and |
877 | the actual cost of the maintenance dredging for material removed |
878 | during such maintenance dredging. However, no charge shall be |
879 | exacted by the state for material removed during such |
880 | maintenance dredging by a public port authority. The removing |
881 | party may subsequently sell such material; however, proceeds |
882 | from such sale that exceed the costs of maintenance dredging |
883 | shall be remitted to the state and deposited in the Internal |
884 | Improvement Trust Fund. |
885 | (g) The maintenance of existing insect control structures, |
886 | dikes, and irrigation and drainage ditches, provided that spoil |
887 | material is deposited on a self-contained, upland spoil site |
888 | which will prevent the escape of the spoil material into waters |
889 | of the state. In the case of insect control structures, if the |
890 | cost of using a self-contained upland spoil site is so |
891 | excessive, as determined by the Department of Health, pursuant |
892 | to s. 403.088(1), that it will inhibit proposed insect control, |
893 | then-existing spoil sites or dikes may be used, upon |
894 | notification to the department. In the case of insect control |
895 | where upland spoil sites are not used pursuant to this |
896 | exemption, turbidity control devices shall be used to confine |
897 | the spoil material discharge to that area previously disturbed |
898 | when the receiving body of water is used as a potable water |
899 | supply, is designated as shellfish harvesting waters, or |
900 | functions as a habitat for commercially or recreationally |
901 | important shellfish or finfish. In all cases, no more dredging |
902 | is to be performed than is necessary to restore the dike or |
903 | irrigation or drainage ditch to its original design |
904 | specifications. |
905 | (h) The repair or replacement of existing functional pipes |
906 | or culverts the purpose of which is the discharge or conveyance |
907 | of stormwater. In all cases, the invert elevation, the diameter, |
908 | and the length of the culvert shall not be changed. However, the |
909 | material used for the culvert may be different from the |
910 | original. |
911 | (i) The construction of private docks of 1,000 square feet |
912 | or less of over-water surface area and seawalls in artificially |
913 | created waterways where such construction will not violate |
914 | existing water quality standards, impede navigation, or affect |
915 | flood control. This exemption does not apply to the construction |
916 | of vertical seawalls in estuaries or lagoons unless the proposed |
917 | construction is within an existing manmade canal where the |
918 | shoreline is currently occupied in whole or part by vertical |
919 | seawalls. |
920 | (j) The construction and maintenance of swales. |
921 | (k) The installation of aids to navigation and buoys |
922 | associated with such aids, provided the devices are marked |
923 | pursuant to s. 327.40. |
924 | (l) The replacement or repair of existing open-trestle |
925 | foot bridges and vehicular bridges that are 100 feet or less in |
926 | length and two lanes or less in width, provided that no more |
927 | dredging or filling of submerged lands is performed other than |
928 | that which is necessary to replace or repair pilings and that |
929 | the structure to be replaced or repaired is the same length, the |
930 | same configuration, and in the same location as the original |
931 | bridge. No debris from the original bridge shall be allowed to |
932 | remain in the waters of the state. |
933 | (m) The installation of subaqueous transmission and |
934 | distribution lines laid on, or embedded in, the bottoms of |
935 | waters in the state, except in Class I and Class II waters and |
936 | aquatic preserves, provided no dredging or filling is necessary. |
937 | (n) The replacement or repair of subaqueous transmission |
938 | and distribution lines laid on, or embedded in, the bottoms of |
939 | waters of the state. |
940 | (o) The construction of private seawalls in wetlands or |
941 | other surface waters where such construction is between and |
942 | adjoins at both ends existing seawalls; follows a continuous and |
943 | uniform seawall construction line with the existing seawalls; is |
944 | no more than 150 feet in length; and does not violate existing |
945 | water quality standards, impede navigation, or affect flood |
946 | control. However, in estuaries and lagoons the construction of |
947 | vertical seawalls is limited to the circumstances and purposes |
948 | stated in s. 373.414(5)(b)1.-4. This paragraph does not affect |
949 | the permitting requirements of chapter 161, and department rules |
950 | must clearly indicate that this exception does not constitute an |
951 | exception from the permitting requirements of chapter 161. |
952 | (p) The restoration of existing insect control impoundment |
953 | dikes which are less than 100 feet in length. Such impoundments |
954 | shall be connected to tidally influenced waters for 6 months |
955 | each year beginning September 1 and ending February 28 if |
956 | feasible or operated in accordance with an impoundment |
957 | management plan approved by the department. A dike restoration |
958 | may involve no more dredging than is necessary to restore the |
959 | dike to its original design specifications. For the purposes of |
960 | this paragraph, restoration does not include maintenance of |
961 | impoundment dikes of operating insect control impoundments. |
962 | (q) The construction, operation, or maintenance of |
963 | stormwater management facilities which are designed to serve |
964 | single-family residential projects, including duplexes, |
965 | triplexes, and quadruplexes, if they are less than 10 acres |
966 | total land and have less than 2 acres of impervious surface and |
967 | if the facilities: |
968 | 1. Comply with all regulations or ordinances applicable to |
969 | stormwater management and adopted by a city or county; |
970 | 2. Are not part of a larger common plan of development or |
971 | sale; and |
972 | 3. Discharge into a stormwater discharge facility exempted |
973 | or permitted by the department under this chapter which has |
974 | sufficient capacity and treatment capability as specified in |
975 | this chapter and is owned, maintained, or operated by a city, |
976 | county, special district with drainage responsibility, or water |
977 | management district; however, this exemption does not authorize |
978 | discharge to a facility without the facility owner's prior |
979 | written consent. |
980 | (r) The removal of aquatic plants, the removal of |
981 | tussocks, the associated replanting of indigenous aquatic |
982 | plants, and the associated removal from lakes of organic |
983 | detrital material when such planting or removal is performed and |
984 | authorized by permit or exemption granted under s. 369.20 or s. |
985 | 369.25, provided that: |
986 | 1. Organic detrital material that exists on the surface of |
987 | natural mineral substrate shall be allowed to be removed to a |
988 | depth of 3 feet or to the natural mineral substrate, whichever |
989 | is less; |
990 | 2. All material removed pursuant to this paragraph shall |
991 | be deposited in an upland site in a manner that will prevent the |
992 | reintroduction of the material into waters in the state except |
993 | when spoil material is permitted to be used to create wildlife |
994 | islands in freshwater bodies of the state when a governmental |
995 | entity is permitted pursuant to s. 369.20 to create such islands |
996 | as a part of a restoration or enhancement project; |
997 | 3. All activities are performed in a manner consistent |
998 | with state water quality standards; and |
999 | 4. No activities under this exemption are conducted in |
1000 | wetland areas, as defined by s. 373.019(25), which are supported |
1001 | by a natural soil as shown in applicable United States |
1002 | Department of Agriculture county soil surveys, except when a |
1003 | governmental entity is permitted pursuant to s. 369.20 to |
1004 | conduct such activities as a part of a restoration or |
1005 | enhancement project. |
1006 |
|
1007 | The department may not adopt implementing rules for this |
1008 | paragraph, notwithstanding any other provision of law. |
1009 | (s) The construction, installation, operation, or |
1010 | maintenance of floating vessel platforms or floating boat lifts, |
1011 | provided that such structures: |
1012 | 1. Float at all times in the water for the sole purpose of |
1013 | supporting a vessel so that the vessel is out of the water when |
1014 | not in use; |
1015 | 2. Are wholly contained within a boat slip previously |
1016 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
1017 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
1018 | do not exceed a combined total of 500 square feet, or 200 square |
1019 | feet in an Outstanding Florida Water, when associated with a |
1020 | dock that is exempt under this subsection or associated with a |
1021 | permitted dock with no defined boat slip or attached to a |
1022 | bulkhead on a parcel of land where there is no other docking |
1023 | structure; |
1024 | 3. Are not used for any commercial purpose or for mooring |
1025 | vessels that remain in the water when not in use, and do not |
1026 | substantially impede the flow of water, create a navigational |
1027 | hazard, or unreasonably infringe upon the riparian rights of |
1028 | adjacent property owners, as defined in s. 253.141; |
1029 | 4. Are constructed and used so as to minimize adverse |
1030 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
1031 | plant and animal species, and other biological communities, |
1032 | including locating such structures in areas where seagrasses are |
1033 | least dense adjacent to the dock or bulkhead; and |
1034 | 5. Are not constructed in areas specifically prohibited |
1035 | for boat mooring under conditions of a permit issued in |
1036 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
1037 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
1038 | other form of authorization issued by a local government. |
1039 |
|
1040 | Structures that qualify for this exemption are relieved from any |
1041 | requirement to obtain permission to use or occupy lands owned by |
1042 | the Board of Trustees of the Internal Improvement Trust Fund |
1043 | and, with the exception of those structures attached to a |
1044 | bulkhead on a parcel of land where there is no docking |
1045 | structure, shall not be subject to any more stringent permitting |
1046 | requirements, registration requirements, or other regulation by |
1047 | any local government. Local governments may require either |
1048 | permitting or one-time registration of floating vessel platforms |
1049 | to be attached to a bulkhead on a parcel of land where there is |
1050 | no other docking structure as necessary to ensure compliance |
1051 | with local ordinances, codes, or regulations. Local governments |
1052 | may require either permitting or one-time registration of all |
1053 | other floating vessel platforms as necessary to ensure |
1054 | compliance with the exemption criteria in this section; to |
1055 | ensure compliance with local ordinances, codes, or regulations |
1056 | relating to building or zoning, which are no more stringent than |
1057 | the exemption criteria in this section or address subjects other |
1058 | than subjects addressed by the exemption criteria in this |
1059 | section; and to ensure proper installation, maintenance, and |
1060 | precautionary or evacuation action following a tropical storm or |
1061 | hurricane watch of a floating vessel platform or floating boat |
1062 | lift that is proposed to be attached to a bulkhead or parcel of |
1063 | land where there is no other docking structure. The exemption |
1064 | provided in this paragraph shall be in addition to the exemption |
1065 | provided in paragraph (b). The department shall adopt a general |
1066 | permit by rule for the construction, installation, operation, or |
1067 | maintenance of those floating vessel platforms or floating boat |
1068 | lifts that do not qualify for the exemption provided in this |
1069 | paragraph but do not cause significant adverse impacts to occur |
1070 | individually or cumulatively. The issuance of such general |
1071 | permit shall also constitute permission to use or occupy lands |
1072 | owned by the Board of Trustees of the Internal Improvement Trust |
1073 | Fund. No local government shall impose a more stringent |
1074 | regulation, permitting requirement, registration requirement, or |
1075 | other regulation covered by such general permit. Local |
1076 | governments may require either permitting or one-time |
1077 | registration of floating vessel platforms as necessary to ensure |
1078 | compliance with the general permit in this section; to ensure |
1079 | compliance with local ordinances, codes, or regulations relating |
1080 | to building or zoning that are no more stringent than the |
1081 | general permit in this section; and to ensure proper |
1082 | installation and maintenance of a floating vessel platform or |
1083 | floating boat lift that is proposed to be attached to a bulkhead |
1084 | or parcel of land where there is no other docking structure. |
1085 | (t) The repair, stabilization, or paving of existing |
1086 | county maintained roads and the repair or replacement of bridges |
1087 | that are part of the roadway, within the Northwest Florida Water |
1088 | Management District and the Suwannee River Water Management |
1089 | District, provided: |
1090 | 1. The road and associated bridge were in existence and in |
1091 | use as a public road or bridge, and were maintained by the |
1092 | county as a public road or bridge on or before January 1, 2002; |
1093 | 2. The construction activity does not realign the road or |
1094 | expand the number of existing traffic lanes of the existing |
1095 | road; however, the work may include the provision of safety |
1096 | shoulders, clearance of vegetation, and other work reasonably |
1097 | necessary to repair, stabilize, pave, or repave the road, |
1098 | provided that the work is constructed by generally accepted |
1099 | engineering standards; |
1100 | 3. The construction activity does not expand the existing |
1101 | width of an existing vehicular bridge in excess of that |
1102 | reasonably necessary to properly connect the bridge with the |
1103 | road being repaired, stabilized, paved, or repaved to safely |
1104 | accommodate the traffic expected on the road, which may include |
1105 | expanding the width of the bridge to match the existing |
1106 | connected road. However, no debris from the original bridge |
1107 | shall be allowed to remain in waters of the state, including |
1108 | wetlands; |
1109 | 4. Best management practices for erosion control shall be |
1110 | employed as necessary to prevent water quality violations; |
1111 | 5. Roadside swales or other effective means of stormwater |
1112 | treatment must be incorporated as part of the project; |
1113 | 6. No more dredging or filling of wetlands or water of the |
1114 | state is performed than that which is reasonably necessary to |
1115 | repair, stabilize, pave, or repave the road or to repair or |
1116 | replace the bridge, in accordance with generally accepted |
1117 | engineering standards; and |
1118 | 7. Notice of intent to use the exemption is provided to |
1119 | the department, if the work is to be performed within the |
1120 | Northwest Florida Water Management District, or to the Suwannee |
1121 | River Water Management District, if the work is to be performed |
1122 | within the Suwannee River Water Management District, 30 days |
1123 | prior to performing any work under the exemption. |
1124 |
|
1125 | Within 30 days after this act becomes a law, the department |
1126 | shall initiate rulemaking to adopt a no fee general permit for |
1127 | the repair, stabilization, or paving of existing roads that are |
1128 | maintained by the county and the repair or replacement of |
1129 | bridges that are part of the roadway where such activities do |
1130 | not cause significant adverse impacts to occur individually or |
1131 | cumulatively. The general permit shall apply statewide and, with |
1132 | no additional rulemaking required, apply to qualified projects |
1133 | reviewed by the Suwannee River Water Management District, the |
1134 | St. Johns River Water Management District, the Southwest Florida |
1135 | Water Management District, and the South Florida Water |
1136 | Management District under the division of responsibilities |
1137 | contained in the operating agreements applicable to part IV of |
1138 | chapter 373. Upon adoption, this general permit shall, pursuant |
1139 | to the provisions of subsection (2), supersede and replace the |
1140 | exemption in this paragraph. |
1141 | (u) Notwithstanding any provision to the contrary in this |
1142 | subsection, a permit or other authorization under chapter 253, |
1143 | chapter 369, chapter 373, or this chapter is not required for an |
1144 | individual residential property owner for the removal of organic |
1145 | detrital material from freshwater rivers or lakes that have a |
1146 | natural sand or rocky substrate and that are not Aquatic |
1147 | Preserves or for the associated removal and replanting of |
1148 | aquatic vegetation for the purpose of environmental enhancement, |
1149 | providing that: |
1150 | 1. No activities under this exemption are conducted in |
1151 | wetland areas, as defined by s. 373.019(25), which are supported |
1152 | by a natural soil as shown in applicable United States |
1153 | Department of Agriculture county soil surveys. |
1154 | 2. No filling or peat mining is allowed. |
1155 | 3. No removal of native wetland trees, including, but not |
1156 | limited to, ash, bay, cypress, gum, maple, or tupelo, occurs. |
1157 | 4. When removing organic detrital material, no portion of |
1158 | the underlying natural mineral substrate or rocky substrate is |
1159 | removed. |
1160 | 5. Organic detrital material and plant material removed is |
1161 | deposited in an upland site in a manner that will not cause |
1162 | water quality violations. |
1163 | 6. All activities are conducted in such a manner, and with |
1164 | appropriate turbidity controls, so as to prevent any water |
1165 | quality violations outside the immediate work area. |
1166 | 7. Replanting with a variety of aquatic plants native to |
1167 | the state shall occur in a minimum of 25 percent of the |
1168 | preexisting vegetated areas where organic detrital material is |
1169 | removed, except for areas where the material is removed to bare |
1170 | rocky substrate; however, an area may be maintained clear of |
1171 | vegetation as an access corridor. The access corridor width may |
1172 | not exceed 50 percent of the property owner's frontage or 50 |
1173 | feet, whichever is less, and may be a sufficient length |
1174 | waterward to create a corridor to allow access for a boat or |
1175 | swimmer to reach open water. Replanting must be at a minimum |
1176 | density of 2 feet on center and be completed within 90 days |
1177 | after removal of existing aquatic vegetation, except that under |
1178 | dewatered conditions replanting must be completed within 90 days |
1179 | after reflooding. The area to be replanted must extend waterward |
1180 | from the ordinary high water line to a point where normal water |
1181 | depth would be 3 feet or the preexisting vegetation line, |
1182 | whichever is less. Individuals are required to make a reasonable |
1183 | effort to maintain planting density for a period of 6 months |
1184 | after replanting is complete, and the plants, including |
1185 | naturally recruited native aquatic plants, must be allowed to |
1186 | expand and fill in the revegetation area. Native aquatic plants |
1187 | to be used for revegetation must be salvaged from the |
1188 | enhancement project site or obtained from an aquatic plant |
1189 | nursery regulated by the Department of Agriculture and Consumer |
1190 | Services. Plants that are not native to the state may not be |
1191 | used for replanting. |
1192 | 8. No activity occurs any farther than 100 feet waterward |
1193 | of the ordinary high water line, and all activities must be |
1194 | designed and conducted in a manner that will not unreasonably |
1195 | restrict or infringe upon the riparian rights of adjacent upland |
1196 | riparian owners. |
1197 | 9. The person seeking this exemption notifies the |
1198 | applicable department district office in writing at least 30 |
1199 | days before commencing work and allows the department to conduct |
1200 | a preconstruction site inspection. Notice must include an |
1201 | organic-detrital-material removal and disposal plan and, if |
1202 | applicable, a vegetation-removal and revegetation plan. |
1203 | 10. The department is provided written certification of |
1204 | compliance with the terms and conditions of this paragraph |
1205 | within 30 days after completion of any activity occurring under |
1206 | this exemption. |
1207 | (2) The provisions of subsection (1) are superseded by |
1208 | general permits established pursuant to ss. 373.118 and 403.814 |
1209 | which include the same activities. Until such time as general |
1210 | permits are established, or if should general permits are be |
1211 | suspended or repealed, the exemptions under subsection (1) shall |
1212 | remain or shall be reestablished in full force and effect. |
1213 | Section 21. Subsection (12) is added to section 403.814, |
1214 | Florida Statutes, to read: |
1215 | 403.814 General permits; delegation.-- |
1216 | (12) The department shall expand the use of Internet-based |
1217 | self-certification services for appropriate exemptions and |
1218 | general permits issued by the department and water management |
1219 | districts. In addition, the department shall identify and |
1220 | develop general permits for activities currently requiring |
1221 | individual review which could be expedited through the use of |
1222 | professional certifications. The department shall submit a |
1223 | report on progress of these efforts to the President of the |
1224 | Senate and the Speaker of the House of Representatives by |
1225 | January 15, 2010. |
1226 | Section 22. Section 403.973, Florida Statutes, is amended |
1227 | to read: |
1228 | 403.973 Expedited permitting; comprehensive plan |
1229 | amendments.-- |
1230 | (1) It is the intent of the Legislature to encourage and |
1231 | facilitate the location and expansion of those types of economic |
1232 | development projects which offer job creation and high wages, |
1233 | strengthen and diversify the state's economy, and have been |
1234 | thoughtfully planned to take into consideration the protection |
1235 | of the state's environment. It is also the intent of the |
1236 | Legislature to provide for an expedited permitting and |
1237 | comprehensive plan amendment process for such projects. |
1238 | (2) As used in this section, the term: |
1239 | (a) "Duly noticed" means publication in a newspaper of |
1240 | general circulation in the municipality or county with |
1241 | jurisdiction. The notice shall appear on at least 2 separate |
1242 | days, one of which shall be at least 7 days before the meeting. |
1243 | The notice shall state the date, time, and place of the meeting |
1244 | scheduled to discuss or enact the memorandum of agreement, and |
1245 | the places within the municipality or county where such proposed |
1246 | memorandum of agreement may be inspected by the public. The |
1247 | notice must be one-eighth of a page in size and must be |
1248 | published in a portion of the paper other than the legal notices |
1249 | section. The notice shall also advise that interested parties |
1250 | may appear at the meeting and be heard with respect to the |
1251 | memorandum of agreement. |
1252 | (b) "Jobs" means permanent, full-time equivalent positions |
1253 | not including construction jobs. |
1254 | (c) "Office" means the Office of Tourism, Trade, and |
1255 | Economic Development. |
1256 | (c)(d) "Permit applications" means state permits and |
1257 | licenses, and at the option of a participating local government, |
1258 | local development permits or orders. |
1259 | (d) "Secretary" means the Secretary of Environmental |
1260 | Protection or his or her designee. |
1261 | (3)(a) The secretary Governor, through the office, shall |
1262 | direct the creation of regional permit action teams, for the |
1263 | purpose of expediting review of permit applications and local |
1264 | comprehensive plan amendments submitted by: |
1265 | 1. Businesses creating at least 50 100 jobs, or |
1266 | 2. Businesses creating at least 25 50 jobs if the project |
1267 | is located in an enterprise zone, or in a county having a |
1268 | population of less than 75,000 or in a county having a |
1269 | population of less than 100,000 which is contiguous to a county |
1270 | having a population of less than 75,000, as determined by the |
1271 | most recent decennial census, residing in incorporated and |
1272 | unincorporated areas of the county, or |
1273 | (b) On a case-by-case basis and at the request of a county |
1274 | or municipal government, the secretary office may certify as |
1275 | eligible for expedited review a project not meeting the minimum |
1276 | job creation thresholds but creating a minimum of 10 jobs. The |
1277 | recommendation from the governing body of the county or |
1278 | municipality in which the project may be located is required in |
1279 | order for the secretary office to certify that any project is |
1280 | eligible for expedited review under this paragraph. When |
1281 | considering projects that do not meet the minimum job creation |
1282 | thresholds but that are recommended by the governing body in |
1283 | which the project may be located, the secretary office shall |
1284 | consider economic impact factors that include, but are not |
1285 | limited to: |
1286 | 1. The proposed wage and skill levels relative to those |
1287 | existing in the area in which the project may be located; |
1288 | 2. The project's potential to diversify and strengthen the |
1289 | area's economy; |
1290 | 3. The amount of capital investment; and |
1291 | 4. The number of jobs that will be made available for |
1292 | persons served by the welfare transition program. |
1293 | (c) At the request of a county or municipal government, |
1294 | the secretary office or a Quick Permitting County may certify |
1295 | projects located in counties where the ratio of new jobs per |
1296 | participant in the welfare transition program, as determined by |
1297 | Workforce Florida, Inc., is less than one or otherwise critical, |
1298 | as eligible for the expedited permitting process. Such projects |
1299 | must meet the numerical job creation criteria of this |
1300 | subsection, but the jobs created by the project do not have to |
1301 | be high-wage jobs that diversify the state's economy. |
1302 | (d) Projects located in a designated brownfield area are |
1303 | eligible for the expedited permitting process. |
1304 | (e) Projects that are part of the state-of-the-art |
1305 | biomedical research institution and campus to be established in |
1306 | this state by the grantee under s. 288.955 are eligible for the |
1307 | expedited permitting process, if the projects are designated as |
1308 | part of the institution or campus by the board of county |
1309 | commissioners of the county in which the institution and campus |
1310 | are established. |
1311 | (f) Projects that result in the production of biofuels |
1312 | cultivated on lands that are 1,000 acres or more or the |
1313 | construction of a biofuel or biodiesel processing facility or a |
1314 | facility generating renewable energy as defined in s. |
1315 | 366.91(2)(d) are eligible for the expedited permitting process. |
1316 | (4) The regional teams shall be established through the |
1317 | execution of memoranda of agreement developed by the applicant |
1318 | and between the secretary, with input solicited from office and |
1319 | the respective heads of the Department of Environmental |
1320 | Protection, the Department of Community Affairs, the Department |
1321 | of Transportation and its district offices, the Department of |
1322 | Agriculture and Consumer Services, the Fish and Wildlife |
1323 | Conservation Commission, appropriate regional planning councils, |
1324 | appropriate water management districts, and voluntarily |
1325 | participating municipalities and counties. The memoranda of |
1326 | agreement should also accommodate participation in this |
1327 | expedited process by other local governments and federal |
1328 | agencies as circumstances warrant. |
1329 | (5) In order to facilitate local government's option to |
1330 | participate in this expedited review process, the secretary |
1331 | office shall, in cooperation with local governments and |
1332 | participating state agencies, create a standard form memorandum |
1333 | of agreement. A local government shall hold a duly noticed |
1334 | public workshop to review and explain to the public the |
1335 | expedited permitting process and the terms and conditions of the |
1336 | standard form memorandum of agreement. |
1337 | (6) The local government shall hold a duly noticed public |
1338 | hearing to execute a memorandum of agreement for each qualified |
1339 | project. Notwithstanding any other provision of law, and at the |
1340 | option of the local government, the workshop provided for in |
1341 | subsection (5) may be conducted on the same date as the public |
1342 | hearing held under this subsection. The memorandum of agreement |
1343 | that a local government signs shall include a provision |
1344 | identifying necessary local government procedures and time |
1345 | limits that will be modified to allow for the local government |
1346 | decision on the project within 90 days. The memorandum of |
1347 | agreement applies to projects, on a case-by-case basis, that |
1348 | qualify for special review and approval as specified in this |
1349 | section. The memorandum of agreement must make it clear that |
1350 | this expedited permitting and review process does not modify, |
1351 | qualify, or otherwise alter existing local government |
1352 | nonprocedural standards for permit applications, unless |
1353 | expressly authorized by law. |
1354 | (7) At the option of the participating local government, |
1355 | Appeals of local government approvals its final approval for a |
1356 | project shall may be pursuant to the summary hearing provisions |
1357 | of s. 120.574, pursuant to subsection (14), and be consolidated |
1358 | with the challenge of any applicable state agency actions or |
1359 | pursuant to other appellate processes available to the local |
1360 | government. The local government's decision to enter into a |
1361 | summary hearing must be made as provided in s. 120.574 or in the |
1362 | memorandum of agreement. |
1363 | (8) Each memorandum of agreement shall include a process |
1364 | for final agency action on permit applications and local |
1365 | comprehensive plan amendment approvals within 90 days after |
1366 | receipt of a completed application, unless the applicant agrees |
1367 | to a longer time period or the secretary office determines that |
1368 | unforeseen or uncontrollable circumstances preclude final agency |
1369 | action within the 90-day timeframe. Permit applications governed |
1370 | by federally delegated or approved permitting programs whose |
1371 | requirements would prohibit or be inconsistent with the 90-day |
1372 | timeframe are exempt from this provision, but must be processed |
1373 | by the agency with federally delegated or approved program |
1374 | responsibility as expeditiously as possible. |
1375 | (9) The secretary office shall inform the Legislature by |
1376 | October 1 of each year which agencies have not entered into or |
1377 | implemented an agreement and identify any barriers to achieving |
1378 | success of the program. |
1379 | (10) The memoranda of agreement may provide for the waiver |
1380 | or modification of procedural rules prescribing forms, fees, |
1381 | procedures, or time limits for the review or processing of |
1382 | permit applications under the jurisdiction of those agencies |
1383 | that are party to the memoranda of agreement. Notwithstanding |
1384 | any other provision of law to the contrary, a memorandum of |
1385 | agreement must to the extent feasible provide for proceedings |
1386 | and hearings otherwise held separately by the parties to the |
1387 | memorandum of agreement to be combined into one proceeding or |
1388 | held jointly and at one location. Such waivers or modifications |
1389 | shall not be available for permit applications governed by |
1390 | federally delegated or approved permitting programs, the |
1391 | requirements of which would prohibit, or be inconsistent with, |
1392 | such a waiver or modification. |
1393 | (11) The standard form memoranda of agreement shall |
1394 | include guidelines to be used in working with state, regional, |
1395 | and local permitting authorities. Guidelines may include, but |
1396 | are not limited to, the following: |
1397 | (a) A central contact point for filing permit applications |
1398 | and local comprehensive plan amendments and for obtaining |
1399 | information on permit and local comprehensive plan amendment |
1400 | requirements; |
1401 | (b) Identification of the individual or individuals within |
1402 | each respective agency who will be responsible for processing |
1403 | the expedited permit application or local comprehensive plan |
1404 | amendment for that agency; |
1405 | (c) A mandatory preapplication review process to reduce |
1406 | permitting conflicts by providing guidance to applicants |
1407 | regarding the permits needed from each agency and governmental |
1408 | entity, site planning and development, site suitability and |
1409 | limitations, facility design, and steps the applicant can take |
1410 | to ensure expeditious permit application and local comprehensive |
1411 | plan amendment review. As a part of this process, the first |
1412 | interagency meeting to discuss a project shall be held within 14 |
1413 | days after the secretary's office's determination that the |
1414 | project is eligible for expedited review. Subsequent interagency |
1415 | meetings may be scheduled to accommodate the needs of |
1416 | participating local governments that are unable to meet public |
1417 | notice requirements for executing a memorandum of agreement |
1418 | within this timeframe. This accommodation may not exceed 45 days |
1419 | from the secretary's office's determination that the project is |
1420 | eligible for expedited review; |
1421 | (d) The preparation of a single coordinated project |
1422 | description form and checklist and an agreement by state and |
1423 | regional agencies to reduce the burden on an applicant to |
1424 | provide duplicate information to multiple agencies; |
1425 | (e) Establishment of a process for the adoption and review |
1426 | of any comprehensive plan amendment needed by any certified |
1427 | project within 90 days after the submission of an application |
1428 | for a comprehensive plan amendment. However, the memorandum of |
1429 | agreement may not prevent affected persons as defined in s. |
1430 | 163.3184 from appealing or participating in this expedited plan |
1431 | amendment process and any review or appeals of decisions made |
1432 | under this paragraph; and |
1433 | (f) Additional incentives for an applicant who proposes a |
1434 | project that provides a net ecosystem benefit. |
1435 | (12) The applicant, the regional permit action team, and |
1436 | participating local governments may agree to incorporate into a |
1437 | single document the permits, licenses, and approvals that are |
1438 | obtained through the expedited permit process. This consolidated |
1439 | permit is subject to the summary hearing provisions set forth in |
1440 | subsection (14). |
1441 | (13) Notwithstanding any other provisions of law: |
1442 | (a) Local comprehensive plan amendments for projects |
1443 | qualified under this section are exempt from the twice-a-year |
1444 | limits provision in s. 163.3187; and |
1445 | (b) Projects qualified under this section are not subject |
1446 | to interstate highway level-of-service standards adopted by the |
1447 | Department of Transportation for concurrency purposes. The |
1448 | memorandum of agreement specified in subsection (5) must include |
1449 | a process by which the applicant will be assessed a fair share |
1450 | of the cost of mitigating the project's significant traffic |
1451 | impacts, as defined in chapter 380 and related rules. The |
1452 | agreement must also specify whether the significant traffic |
1453 | impacts on the interstate system will be mitigated through the |
1454 | implementation of a project or payment of funds to the |
1455 | Department of Transportation. Where funds are paid, the |
1456 | Department of Transportation must include in the 5-year work |
1457 | program transportation projects or project phases, in an amount |
1458 | equal to the funds received, to mitigate the traffic impacts |
1459 | associated with the proposed project. |
1460 | (14)(a) Challenges to state agency action in the expedited |
1461 | permitting process for projects processed under this section are |
1462 | subject to the summary hearing provisions of s. 120.574, except |
1463 | that the administrative law judge's decision, as provided in s. |
1464 | 120.574(2)(f), shall be in the form of a recommended order and |
1465 | shall not constitute the final action of the state agency. In |
1466 | those proceedings where the action of only one agency of the |
1467 | state other than the Department of Environmental Protection is |
1468 | challenged, the agency of the state shall issue the final order |
1469 | within 45 10 working days after of receipt of the administrative |
1470 | law judge's recommended order. The recommended order shall |
1471 | inform the parties of the right to file exceptions to the |
1472 | recommended order and to file responses thereto in accordance |
1473 | with the Uniform Rules of Procedure. In those proceedings where |
1474 | the actions of more than one agency of the state are challenged, |
1475 | the Governor shall issue the final order, except for the |
1476 | issuance of department licenses required under any federally |
1477 | delegated or approved permit program for which the department |
1478 | shall enter the final order, within 45 10 working days after of |
1479 | receipt of the administrative law judge's recommended order. The |
1480 | recommended order shall inform the parties of the right to file |
1481 | exceptions to the recommended order and to file responses |
1482 | thereto in accordance with the Uniform Rules of Procedure. The |
1483 | participating agencies of the state may opt at the preliminary |
1484 | hearing conference to allow the administrative law judge's |
1485 | decision to constitute the final agency action. If a |
1486 | participating local government agrees to participate in the |
1487 | summary hearing provisions of s. 120.574 for purposes of review |
1488 | of local government comprehensive plan amendments, s. |
1489 | 163.3184(9) and (10) apply. |
1490 | (b) Challenges to state agency action in the expedited |
1491 | permitting process for establishment of a state-of-the-art |
1492 | biomedical research institution and campus in this state by the |
1493 | grantee under s. 288.955 or projects identified in paragraph |
1494 | (3)(f) are subject to the same requirements as challenges |
1495 | brought under paragraph (a), except that, notwithstanding s. |
1496 | 120.574, summary proceedings must be conducted within 30 days |
1497 | after a party files the motion for summary hearing, regardless |
1498 | of whether the parties agree to the summary proceeding. |
1499 | (15) The secretary office, working with the agencies |
1500 | providing cooperative assistance and input to participating in |
1501 | the memoranda of agreement, shall review sites proposed for the |
1502 | location of facilities eligible for the Innovation Incentive |
1503 | Program under s. 288.1089. Within 20 days after the request for |
1504 | the review by the secretary office, the agencies shall provide |
1505 | to the secretary office a statement as to each site's necessary |
1506 | permits under local, state, and federal law and an |
1507 | identification of significant permitting issues, which if |
1508 | unresolved, may result in the denial of an agency permit or |
1509 | approval or any significant delay caused by the permitting |
1510 | process. |
1511 | (16) This expedited permitting process shall not modify, |
1512 | qualify, or otherwise alter existing agency nonprocedural |
1513 | standards for permit applications or local comprehensive plan |
1514 | amendments, unless expressly authorized by law. If it is |
1515 | determined that the applicant is not eligible to use this |
1516 | process, the applicant may apply for permitting of the project |
1517 | through the normal permitting processes. |
1518 | (17) The secretary office shall be responsible for |
1519 | certifying a business as eligible for undergoing expedited |
1520 | review under this section. Enterprise Florida, Inc., a county or |
1521 | municipal government, or the Rural Economic Development |
1522 | Initiative may recommend to the secretary Office of Tourism, |
1523 | Trade, and Economic Development that a project meeting the |
1524 | minimum job creation threshold undergo expedited review. |
1525 | (18) The secretary office, working with the Rural Economic |
1526 | Development Initiative and the agencies participating in the |
1527 | memoranda of agreement, shall provide technical assistance in |
1528 | preparing permit applications and local comprehensive plan |
1529 | amendments for counties having a population of less than 75,000 |
1530 | residents, or counties having fewer than 100,000 residents which |
1531 | are contiguous to counties having fewer than 75,000 residents. |
1532 | Additional assistance may include, but not be limited to, |
1533 | guidance in land development regulations and permitting |
1534 | processes, working cooperatively with state, regional, and local |
1535 | entities to identify areas within these counties which may be |
1536 | suitable or adaptable for preclearance review of specified types |
1537 | of land uses and other activities requiring permits. |
1538 | (19) The following projects are ineligible for review |
1539 | under this part: |
1540 | (a) A project funded and operated by a local government, |
1541 | as defined in s. 377.709, and located within that government's |
1542 | jurisdiction. |
1543 | (b) A project, the primary purpose of which is to: |
1544 | 1. Effect the final disposal of solid waste, biomedical |
1545 | waste, or hazardous waste in this state. |
1546 | 2. Produce electrical power, unless the production of |
1547 | electricity is incidental and not the primary function of the |
1548 | project or the electrical power is derived from a fuel source |
1549 | for renewable energy as defined in s. 366.91(2)(d). |
1550 | 3. Extract natural resources. |
1551 | 4. Produce oil. |
1552 | 5. Construct, maintain, or operate an oil, petroleum, |
1553 | natural gas, or sewage pipeline. |
1554 | Section 23. Paragraph (f) of subsection (2) of section |
1555 | 14.2015, Florida Statutes, is amended to read: |
1556 | 14.2015 Office of Tourism, Trade, and Economic |
1557 | Development; creation; powers and duties.-- |
1558 | (2) The purpose of the Office of Tourism, Trade, and |
1559 | Economic Development is to assist the Governor in working with |
1560 | the Legislature, state agencies, business leaders, and economic |
1561 | development professionals to formulate and implement coherent |
1562 | and consistent policies and strategies designed to provide |
1563 | economic opportunities for all Floridians. To accomplish such |
1564 | purposes, the Office of Tourism, Trade, and Economic Development |
1565 | shall: |
1566 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
1567 | 290.001-290.016, the community contribution tax credit program |
1568 | under ss. 220.183 and 624.5105, the tax refund program for |
1569 | qualified target industry businesses under s. 288.106, the tax- |
1570 | refund program for qualified defense contractors and space |
1571 | flight business contractors under s. 288.1045, contracts for |
1572 | transportation projects under s. 288.063, the sports franchise |
1573 | facility program under s. 288.1162, the professional golf hall |
1574 | of fame facility program under s. 288.1168, the expedited |
1575 | permitting process under s. 403.973, the Rural Community |
1576 | Development Revolving Loan Fund under s. 288.065, the Regional |
1577 | Rural Development Grants Program under s. 288.018, the Certified |
1578 | Capital Company Act under s. 288.99, the Florida State Rural |
1579 | Development Council, the Rural Economic Development Initiative, |
1580 | and other programs that are specifically assigned to the office |
1581 | by law, by the appropriations process, or by the Governor. |
1582 | Notwithstanding any other provisions of law, the office may |
1583 | expend interest earned from the investment of program funds |
1584 | deposited in the Grants and Donations Trust Fund to contract for |
1585 | the administration of the programs, or portions of the programs, |
1586 | enumerated in this paragraph or assigned to the office by law, |
1587 | by the appropriations process, or by the Governor. Such |
1588 | expenditures shall be subject to review under chapter 216. |
1589 | 2. The office may enter into contracts in connection with |
1590 | the fulfillment of its duties concerning the Florida First |
1591 | Business Bond Pool under chapter 159, tax incentives under |
1592 | chapters 212 and 220, tax incentives under the Certified Capital |
1593 | Company Act in chapter 288, foreign offices under chapter 288, |
1594 | the Enterprise Zone program under chapter 290, the Seaport |
1595 | Employment Training program under chapter 311, the Florida |
1596 | Professional Sports Team License Plates under chapter 320, |
1597 | Spaceport Florida under chapter 331, Expedited Permitting under |
1598 | chapter 403, and in carrying out other functions that are |
1599 | specifically assigned to the office by law, by the |
1600 | appropriations process, or by the Governor. |
1601 | Section 24. Paragraph (e) of subsection (2) of section |
1602 | 288.0655, Florida Statutes, is amended to read: |
1603 | 288.0655 Rural Infrastructure Fund.-- |
1604 | (2) |
1605 | (e) To enable local governments to access the resources |
1606 | available pursuant to s. 403.973(18), the office, working with |
1607 | the Secretary of Environmental Protection, may award grants for |
1608 | surveys, feasibility studies, and other activities related to |
1609 | the identification and preclearance review of land which is |
1610 | suitable for preclearance review. Authorized grants under this |
1611 | paragraph shall not exceed $75,000 each, except in the case of a |
1612 | project in a rural area of critical economic concern, in which |
1613 | case the grant shall not exceed $300,000. Any funds awarded |
1614 | under this paragraph must be matched at a level of 50 percent |
1615 | with local funds, except that any funds awarded for a project in |
1616 | a rural area of critical economic concern must be matched at a |
1617 | level of 33 percent with local funds. In evaluating applications |
1618 | under this paragraph, the office shall consider the extent to |
1619 | which the application seeks to minimize administrative and |
1620 | consultant expenses. |
1621 | Section 25. Paragraph (d) of subsection (2) and paragraph |
1622 | (b) of subsection (19) of section 380.06, Florida Statutes, are |
1623 | amended to read: |
1624 | 380.06 Developments of regional impact.-- |
1625 | (2) STATEWIDE GUIDELINES AND STANDARDS.-- |
1626 | (d) The guidelines and standards shall be applied as |
1627 | follows: |
1628 | 1. Fixed thresholds.-- |
1629 | a. A development that is below 100 percent of all |
1630 | numerical thresholds in the guidelines and standards shall not |
1631 | be required to undergo development-of-regional-impact review. |
1632 | b. A development that is at or above 120 percent of any |
1633 | numerical threshold shall be required to undergo development-of- |
1634 | regional-impact review. |
1635 | c. Projects certified under s. 403.973 which create at |
1636 | least 50 100 jobs and meet the criteria of the Secretary of |
1637 | Environmental Protection Office of Tourism, Trade, and Economic |
1638 | Development as to their impact on an area's economy, employment, |
1639 | and prevailing wage and skill levels that are at or below 100 |
1640 | percent of the numerical thresholds for industrial plants, |
1641 | industrial parks, distribution, warehousing or wholesaling |
1642 | facilities, office development or multiuse projects other than |
1643 | residential, as described in s. 380.0651(3)(c), (d), and (h), |
1644 | are not required to undergo development-of-regional-impact |
1645 | review. |
1646 | 2. Rebuttable presumption.--It shall be presumed that a |
1647 | development that is at 100 percent or between 100 and 120 |
1648 | percent of a numerical threshold shall be required to undergo |
1649 | development-of-regional-impact review. |
1650 | (19) SUBSTANTIAL DEVIATIONS.-- |
1651 | (b) Any proposed change to a previously approved |
1652 | development of regional impact or development order condition |
1653 | which, either individually or cumulatively with other changes, |
1654 | exceeds any of the following criteria shall constitute a |
1655 | substantial deviation and shall cause the development to be |
1656 | subject to further development-of-regional-impact review without |
1657 | the necessity for a finding of same by the local government: |
1658 | 1. An increase in the number of parking spaces at an |
1659 | attraction or recreational facility by 10 percent or 330 spaces, |
1660 | whichever is greater, or an increase in the number of spectators |
1661 | that may be accommodated at such a facility by 10 percent or |
1662 | 1,100 spectators, whichever is greater. |
1663 | 2. A new runway, a new terminal facility, a 25-percent |
1664 | lengthening of an existing runway, or a 25-percent increase in |
1665 | the number of gates of an existing terminal, but only if the |
1666 | increase adds at least three additional gates. |
1667 | 3. An increase in industrial development area by 10 |
1668 | percent or 35 acres, whichever is greater. |
1669 | 4. An increase in the average annual acreage mined by 10 |
1670 | percent or 11 acres, whichever is greater, or an increase in the |
1671 | average daily water consumption by a mining operation by 10 |
1672 | percent or 330,000 gallons, whichever is greater. A net increase |
1673 | in the size of the mine by 10 percent or 825 acres, whichever is |
1674 | less. For purposes of calculating any net increases in size, |
1675 | only additions and deletions of lands that have not been mined |
1676 | shall be considered. An increase in the size of a heavy mineral |
1677 | mine as defined in s. 378.403(7) will only constitute a |
1678 | substantial deviation if the average annual acreage mined is |
1679 | more than 550 acres and consumes more than 3.3 million gallons |
1680 | of water per day. |
1681 | 5. An increase in land area for office development by 10 |
1682 | percent or an increase of gross floor area of office development |
1683 | by 10 percent or 66,000 gross square feet, whichever is greater. |
1684 | 6. An increase in the number of dwelling units by 10 |
1685 | percent or 55 dwelling units, whichever is greater. |
1686 | 7. An increase in the number of dwelling units by 50 |
1687 | percent or 200 units, whichever is greater, provided that 15 |
1688 | percent of the proposed additional dwelling units are dedicated |
1689 | to affordable workforce housing, subject to a recorded land use |
1690 | restriction that shall be for a period of not less than 20 years |
1691 | and that includes resale provisions to ensure long-term |
1692 | affordability for income-eligible homeowners and renters and |
1693 | provisions for the workforce housing to be commenced prior to |
1694 | the completion of 50 percent of the market rate dwelling. For |
1695 | purposes of this subparagraph, the term "affordable workforce |
1696 | housing" means housing that is affordable to a person who earns |
1697 | less than 120 percent of the area median income, or less than |
1698 | 140 percent of the area median income if located in a county in |
1699 | which the median purchase price for a single-family existing |
1700 | home exceeds the statewide median purchase price of a single- |
1701 | family existing home. For purposes of this subparagraph, the |
1702 | term "statewide median purchase price of a single-family |
1703 | existing home" means the statewide purchase price as determined |
1704 | in the Florida Sales Report, Single-Family Existing Homes, |
1705 | released each January by the Florida Association of Realtors and |
1706 | the University of Florida Real Estate Research Center. |
1707 | 8. An increase in commercial development by 55,000 square |
1708 | feet of gross floor area or of parking spaces provided for |
1709 | customers for 330 cars or a 10-percent increase of either of |
1710 | these, whichever is greater. |
1711 | 9. An increase in hotel or motel rooms by 10 percent or 83 |
1712 | rooms, whichever is greater. |
1713 | 10. An increase in a recreational vehicle park area by 10 |
1714 | percent or 110 vehicle spaces, whichever is less. |
1715 | 11. A decrease in the area set aside for open space of 5 |
1716 | percent or 20 acres, whichever is less. |
1717 | 12. A proposed increase to an approved multiuse |
1718 | development of regional impact where the sum of the increases of |
1719 | each land use as a percentage of the applicable substantial |
1720 | deviation criteria is equal to or exceeds 110 percent. The |
1721 | percentage of any decrease in the amount of open space shall be |
1722 | treated as an increase for purposes of determining when 110 |
1723 | percent has been reached or exceeded. |
1724 | 13. A 15-percent increase in the number of external |
1725 | vehicle trips generated by the development above that which was |
1726 | projected during the original development-of-regional-impact |
1727 | review. |
1728 | 14. Any change which would result in development of any |
1729 | area which was specifically set aside in the application for |
1730 | development approval or in the development order for |
1731 | preservation or special protection of endangered or threatened |
1732 | plants or animals designated as endangered, threatened, or |
1733 | species of special concern and their habitat, any species |
1734 | protected by 16 U.S.C. ss. 668a-668d, primary dunes, or |
1735 | archaeological and historical sites designated as significant by |
1736 | the Division of Historical Resources of the Department of State. |
1737 | The refinement of the boundaries and configuration of such areas |
1738 | shall be considered under sub-subparagraph (e)2.j. |
1739 |
|
1740 | The substantial deviation numerical standards in subparagraphs |
1741 | 3., 5., 8., 9., and 12., excluding residential uses, and in |
1742 | subparagraph 13., are increased by 100 percent for a project |
1743 | certified under s. 403.973 which creates jobs and meets criteria |
1744 | established by the Secretary of Environmental Protection Office |
1745 | of Tourism, Trade, and Economic Development as to its impact on |
1746 | an area's economy, employment, and prevailing wage and skill |
1747 | levels. The substantial deviation numerical standards in |
1748 | subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. are increased |
1749 | by 50 percent for a project located wholly within an urban |
1750 | infill and redevelopment area designated on the applicable |
1751 | adopted local comprehensive plan future land use map and not |
1752 | located within the coastal high hazard area. |
1753 | Section 26. This act shall take effect July 1, 2009. |