| 1 | A bill to be entitled | 
| 2 | An act relating to interagency agreements for the | 
| 3 | management of state water resources; amending s. 373.046, | 
| 4 | F.S.; removing obsolete language requiring the Secretary | 
| 5 | of Environmental Protection to submit a report relating to | 
| 6 | certain interagency agreements and environmental | 
| 7 | protection measures to the Legislature by a specified | 
| 8 | date; providing an effective date. | 
| 9 | 
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| 10 | Be It Enacted by the Legislature of the State of Florida: | 
| 11 | 
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| 12 | Section 1.  Subsection (4) of section 373.046, Florida | 
| 13 | Statutes, is amended to read: | 
| 14 | 373.046  Interagency agreements.- | 
| 15 | (4)  The Legislature recognizes and affirms the division of | 
| 16 | responsibilities between the department and the water management | 
| 17 | districts as set forth in ss. III. and X. of each of the | 
| 18 | operating agreements codified as rules 17-101.040(12)(a)3., 4., | 
| 19 | and 5., Florida Administrative Code. Section IV.A.2.a. of each | 
| 20 | operating agreement regarding individual permit oversight is | 
| 21 | rescinded. The department shall be responsible for permitting | 
| 22 | those activities under part IV of this chapter which, because of | 
| 23 | their complexity and magnitude, need to be economically and | 
| 24 | efficiently evaluated at the state level, including, but not | 
| 25 | limited to, mining, hazardous waste management facilities and | 
| 26 | solid waste management facilities that do not qualify for a | 
| 27 | general permit under chapter 403. With regard to | 
| 28 | postcertification information submittals for activities | 
| 29 | authorized under chapters 341 and 403 siting act certifications, | 
| 30 | the department, after consultation with the appropriate water | 
| 31 | management district and other agencies having applicable | 
| 32 | regulatory jurisdiction, shall be responsible for determining | 
| 33 | the permittee's compliance with conditions of certification | 
| 34 | which were based upon the nonprocedural requirements of part IV | 
| 35 | of this chapter. The Legislature authorizes the water management | 
| 36 | districts and the department to modify the division of | 
| 37 | responsibilities referenced in this section and enter into | 
| 38 | further interagency agreements by rulemaking, including | 
| 39 | incorporation by reference, pursuant to chapter 120, to provide | 
| 40 | for greater efficiency and to avoid duplication in the | 
| 41 | administration of part IV of this chapter by designating certain | 
| 42 | activities which will be regulated by either the water | 
| 43 | management districts or the department. In developing such | 
| 44 | interagency agreements, the water management districts and the | 
| 45 | department should take into consideration the technical and | 
| 46 | fiscal ability of each water management district to implement | 
| 47 | all or some of the provisions of part IV of this chapter. | 
| 48 | Nothing herein rescinds or restricts the authority of the | 
| 49 | districts to regulate silviculture and agriculture pursuant to | 
| 50 | part IV of this chapter or s. 403.927. By December 10, 1993, the  | 
| 51 | secretary of the department shall submit a report to the  | 
| 52 | President of the Senate and the Speaker of the House of  | 
| 53 | Representatives regarding the efficiency of the procedures and  | 
| 54 | the division of responsibilities contemplated by this subsection  | 
| 55 | and regarding progress toward the execution of further  | 
| 56 | interagency agreements and the integration of permitting with  | 
| 57 | sovereignty lands approval. The report also will consider the  | 
| 58 | feasibility of improving the protection of the environment  | 
| 59 | through comprehensive criteria for protection of natural  | 
| 60 | systems. | 
| 61 | Section 2.  This act shall take effect July 1, 2010. |