HB 7243

1	A bill to be entitled
2	An act relating to environmental control; amending s.
3	288.9015, F.S.; requiring Enterprise Florida, Inc., to
4	provide technical assistance to the Department of
5	Environmental Protection in the creation of the Recycling
6	Business Assistance Center; amending s. 373.414, F.S.;
7	providing that financial responsibility for mitigation for
8	wetlands and other surface waters required by a permit for
9	activities associated with the extraction of limestone are
10	subject to approval by the Department of Environmental
11	Protection as part of permit application review; amending
12	s. 378.901, F.S.; authorizing mine operators mining or
13	extracting or proposing to mine or extract heavy minerals,
14	limestone, or fuller's earth clay to apply for a life-of-
15	the-mine permit; clarifying the authority of local
16	governments to approve, approve with conditions, deny, or
17	impose certain permit durations; amending s. 403.44, F.S.;
18	eliminating a greenhouse gas registration and reporting
19	requirement for major emitters; eliminating a requirement
20	for the Department of Environmental Protection to
21	establish methodologies, reporting periods, and reporting
22	systems relating to greenhouse gas emissions; amending s.
23	403.7032, F.S.; requiring all public entities and those
24	entities occupying buildings managed by the Department of
25	Management Services to report recycling data; providing
26	exceptions; encouraging certain private entities to report
27	the disposal of recyclable materials; requiring the
28	Department of Management Services to report on green and
29	recycled products purchased through its procurement
30	system; directing the Department of Environmental
31	Protection to create the Recycling Business Assistance
32	Center; providing requirements for the center; amending s.
33	403.7046, F.S., relating to regulation of recovered
34	materials; deleting a requirement that the Department of
35	Environmental Protection appoint a technical advisory
36	committee; revising reporting requirements; amending s.
37	403.7049, F.S.; conforming a cross-reference; amending s.
38	403.705, F.S.; conforming a cross-reference; requiring
39	that the Department of Environmental Protection report
40	biennially to the Legislature on the state's success in
41	meeting solid waste reduction goals; amending s. 403.706,
42	F.S.; requiring counties to meet specific recycling
43	benchmarks; providing legislative intent; requiring
44	certain multifamily residential and commercial properties
45	to provide recycling receptacles; authorizing the
46	Department of Environmental Protection to require counties
47	to develop a plan to expand recycling programs under
48	certain conditions; requiring the Department of
49	Environmental Protection to provide a report to the
50	Legislature if a specified recycling rate is not met;
51	eliminating a requirement that counties develop composting
52	goals; providing for waste-to-energy production to be
53	applied toward meeting recycling benchmarks; providing
54	exceptions; providing deadlines for the reporting of
55	recycling data; amending s. 403.7061, F.S.; revising
56	requirements for review of new waste-to-energy facility
57	capacity by the Department of Environmental Protection;
58	amending s. 403.707, F.S.; requiring liners for new
59	construction and demolition debris landfills; establishing
60	recycling rates for source-separation activities;
61	providing an exception; amending s. 403.709, F.S.;
62	conforming a cross-reference; amending s. 403.7095, F.S.;
63	revising provisions relating to the solid waste management
64	grant program; deleting provisions requiring the
65	Department of Environmental Protection to develop a
66	competitive and innovative grant program for certain
67	counties, municipalities, special districts, and nonprofit
68	organizations; deleting application requirements for such
69	grant program; deleting a requirement for the Department
70	of Environmental Protection to evaluate and prioritize
71	grant proposals for inclusion in its annual budget
72	request; revising the distribution of funds for the small-
73	county consolidated grant program; deleting obsolete
74	provisions; amending s. 403.7145, F.S.; revising recycling
75	requirements for certain state buildings; providing for a
76	pilot project for the Capitol recycling area; requiring
77	each public airport in the state to collect aluminum
78	beverage cans and recyclable plastic and glass from the
79	entities doing business at the airport and to offer such
80	materials for recycling; amending s. 533.77, F.S.;
81	requiring the Florida Building Commission to develop
82	specified recommendations relating to recycling and
83	composting and the use of recyclable materials; amending
84	ss. 220.1845 and 376.30781, F.S.; providing requirements
85	for claiming certain site rehabilitation costs in
86	applications for contaminated site rehabilitation tax
87	credits; conforming cross-references; amending s. 376.85,
88	F.S.; revising requirements for the Department of
89	Environmental Protection's annual report to the
90	Legislature regarding site rehabilitation; amending s.
91	403.973, F.S.; transferring certain authority over the
92	expedited permitting and comprehensive plan amendment
93	process from the Office of Tourism, Trade, and Economic
94	Development to the Secretary of Environmental Protection;
95	revising job-creation criteria for businesses to qualify
96	to submit permit applications and local comprehensive plan
97	amendments for expedited review; providing that permit
98	applications and local comprehensive plan amendments for
99	specified renewable energy projects are eligible for the
100	expedited permitting process; providing for the
101	establishment of regional permit action teams through the
102	execution of memoranda of agreement developed by permit
103	applicants and the secretary; revising provisions relating
104	to the memoranda of agreement developed by the secretary;
105	providing for the appeal of local government comprehensive
106	plan approvals for projects and requiring such appeals to
107	be consolidated with challenges to state agency actions;
108	requiring recommended orders relating to challenges to
109	state agency actions pursuant to summary hearing
110	provisions to include certain information; extending the
111	deadline for issuance of final orders relating to such
112	challenges; providing for challenges to state agency
113	action related to expedited permitting for specified
114	renewable energy projects; revising provisions relating to
115	the review of sites proposed for the location of
116	facilities eligible for the Innovation Incentive Program;
117	revising criteria for counties eligible to receive
118	technical assistance in preparing permit applications and
119	local comprehensive plan amendments; specifying expedited
120	review eligibility for certain electrical power projects;
121	repealing s. 288.1185, F.S., relating to the Recycling
122	Markets Advisory Committee; providing an effective date.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1.  Subsection (9) is added to section 288.9015,
127	Florida Statutes, to read:
128	288.9015  Enterprise Florida, Inc.; purpose; duties.-
129	(9)  Enterprise Florida, Inc., shall provide technical
130	assistance to the Department of Environmental Protection in the
131	creation of the Recycling Business Assistance Center pursuant to
132	s. 403.7032(5). As the state's primary organization devoted to
133	statewide economic development, Enterprise Florida, Inc., is
134	encouraged to cooperate with the Department of Environmental
135	Protection to ensure that the Recycling Business Assistance
136	Center is positioned to succeed in helping to enhance and expand
137	existing markets for recyclable materials in this state, other
138	states, and foreign countries.
139	Section 2.  Paragraph (a) of subsection (19) of section
140	373.414, Florida Statutes, is amended to read:
141	373.414  Additional criteria for activities in surface
142	waters and wetlands.-
143	(19)(a)  Financial responsibility for mitigation for
144	wetlands and other surface waters required by a permit issued
145	pursuant to this part for activities associated with the
146	extraction of limestone and phosphate are subject to approval by
147	the department as part of permit application review. Financial
148	responsibility for permitted activities which will occur over a
149	period of 3 years or less of mining operations must be provided
150	to the department prior to the commencement of mining operations
151	and shall be in an amount equal to 110 percent of the estimated
152	mitigation costs for wetlands and other surface waters affected
153	under the permit. For permitted activities which will occur over
154	a period of more than 3 years of mining operations, the initial
155	financial responsibility demonstration shall be in an amount
156	equal to 110 percent of the estimated mitigation costs for
157	wetlands and other surface waters affected in the first 3 years
158	of operation under the permit; and, for each year thereafter,
159	the financial responsibility demonstration shall be updated,
160	including to provide an amount equal to 110 percent of the
161	estimated mitigation costs for the next year of operations under
162	the permit for which financial responsibility has not already
163	been demonstrated and to release portions of the financial
164	responsibility mechanisms in accordance with applicable rules.
165	Section 3.  Subsection (2) of section 378.901, Florida
166	Statutes, is amended to read:
167	378.901  Life-of-the-mine permit.-
168	(2)  As an alternative to, and in lieu of, separate
169	applications for permits required by part IV of chapter 373 and
170	part IV of this chapter, any each operator who mines or extracts
171	or proposes to mine or extract heavy minerals, limestone, or
172	fuller's earth clay may apply to the bureau for a life-of-the-
173	mine permit. Nothing in this subsection limits or restricts the
174	authority of a local government to approve, approve with
175	conditions, deny, or impose a permit duration different from the
176	duration of a permit issued pursuant to this section.
177	Section 4.  Subsections (5) through (8) of section 403.44,
178	Florida Statutes, are renumbered as subsections (3) through (6),
179	respectively, and present subsections (3) and (4) of that
180	section are amended to read:
181	403.44  Florida Climate Protection Act.-
182	(3)  A major emitter shall be required to use The Climate
183	Registry for purposes of emission registration and reporting.
184	(4)  The department shall establish the methodologies,
185	reporting periods, and reporting systems that shall be used when
186	major emitters report to The Climate Registry. The department
187	may require the use of quality-assured data from continuous
188	emissions monitoring systems.
189	Section 5.  Section 403.7032, Florida Statutes, is amended
190	to read:
191	403.7032  Recycling.-
192	(1)  The Legislature finds that the failure or inability to
193	economically recover material and energy resources from solid
194	waste results in the unnecessary waste and depletion of our
195	natural resources. As the state continues to grow, so will the
196	potential amount of discarded material that must be treated and
197	disposed of, necessitating the improvement of solid waste
198	collection and disposal. Therefore, the maximum recycling and
199	reuse of such resources are considered high-priority goals of
200	the state.
201	(2)  By the year 2020, the long-term goal for the recycling
202	efforts of state and local governmental entities, private
203	companies and organizations, and the general public is to
204	recycle at least 75 percent of the municipal solid waste that
205	would otherwise be reduce the amount of recyclable solid waste
206	disposed of in waste management facilities, landfills, or
207	incineration facilities by a statewide average of at least 75
208	percent. However, any solid waste used for the production of
209	renewable energy shall count toward the long-term recycling goal
210	as set forth in this part section.
211	(3)  All state agencies, K-12 public schools, public
212	institutions of higher learning, community colleges, and state
213	universities, all municipal, county, or other state entities
214	whose employees occupy buildings not owned by the municipality,
215	county, or state, and all entities occupying buildings that are
216	managed by the Department of Management Services must, at a
217	minimum, annually report all recycled materials to the county
218	using the department's designated reporting format. This
219	subsection does not apply to a fiscally constrained county, as
220	defined in s. 218.67(1), or to a municipality of special
221	financial concern, as defined in s. 200.185(1)(b), with a per
222	capita taxable value of assessed property that does not exceed
223	$58,000 or to any municipality with a population under 20,000
224	and a per capita taxable value of assessed property that does
225	not exceed $46,000. Private businesses, other than certified
226	recovered materials dealers, that recycle paper, metals, glass,
227	plastics, textiles, rubber materials, and mulch are encouraged
228	to annually report the amount of materials they recycle to the
229	county beginning January 1, 2011, using the department's
230	designated reporting format. Using the information provided, the
231	department shall recognize those private businesses that
232	demonstrate outstanding recycling efforts. Notwithstanding any
233	other provision of state or local law, private businesses, other
234	than certified recovered materials dealers, are not required to
235	report recycling rates.
236	(4)(3)  The Department of Environmental Protection shall
237	develop a comprehensive recycling program that is designed to
238	achieve the percentage under subsection (2) and submit the
239	program to the President of the Senate and the Speaker of the
240	House of Representatives by January 1, 2010. The program may not
241	be implemented until approved by the Legislature. The program
242	must be developed in coordination with input from state and
243	local entities, private businesses, and the public. Under the
244	program, recyclable materials shall include, but are not limited
245	to, metals, paper, glass, plastic, textile, rubber materials,
246	and mulch. Components of the program shall include, but are not
247	limited to:
248	(a)  Programs to identify environmentally preferable
249	purchasing practices to encourage the purchase of recycled,
250	durable, and less toxic goods. The Department of Management
251	Services shall modify its procurement system to report on green
252	and recycled products purchased through the system by September
253	30, 2011.
254	(b)  Programs to educate students in grades K-12 in the
255	benefits of, and proper techniques for, recycling.
256	(c)  Programs for statewide recognition of successful
257	recycling efforts by schools, businesses, public groups, and
258	private citizens.
259	(d)  Programs for municipalities and counties to develop
260	and implement efficient recycling efforts to return valuable
261	materials to productive use, conserve energy, and protect
262	natural resources.
263	(e)  Programs by which the department can provide technical
264	assistance to municipalities and counties in support of their
265	recycling efforts.
266	(f)  Programs to educate and train the public in proper
267	recycling efforts.
268	(g)  Evaluation of how financial assistance can best be
269	provided to municipalities and counties in support of their
270	recycling efforts.
271	(h)  Evaluation of why existing waste management and
272	recycling programs in the state have not been better used.
273	(5)  The Department of Environmental Protection shall
274	create the Recycling Business Assistance Center by December 1,
275	2010. In carrying out its duties under this subsection, the
276	department shall consult with state agency personnel appointed
277	to serve as economic development liaisons under s. 288.021 and
278	seek technical assistance from Enterprise Florida, Inc., to
279	ensure the Recycling Business Assistance Center is positioned to
280	succeed. The purpose of the center shall be to serve as the
281	mechanism for coordination among state agencies and the private
282	sector in order to coordinate policy and overall strategic
283	planning for developing new markets and expanding and enhancing
284	existing markets for recyclable materials in this state, other
285	states, and foreign countries. The duties of the center must
286	include, at a minimum:
287	(a)  Identifying and developing new markets and expanding
288	and enhancing existing markets for recyclable materials.
289	(b)  Pursuing expanded end uses for recycled materials.
290	(c)  Targeting materials for concentrated market-
291	development efforts.
292	(d)  Developing proposals for new incentives for market
293	development, particularly focusing on targeted materials.
294	(e)  Providing guidance on issues such as permitting,
295	finance options for recycling market development, site location,
296	research and development, grant program criteria for recycled
297	materials markets, recycling markets education and information,
298	and minimum content.
299	(f)  Coordinating the efforts of various governmental
300	entities having market-development responsibilities in order to
301	optimize supply and demand for recyclable materials.
302	(g)  Evaluating source-reduced products as they relate to
303	state procurement policy. The evaluation shall include, but is
304	not limited to, the environmental and economic impact of source-
305	reduced product purchases to the state. For the purposes of this
306	paragraph, the term "source-reduced" means any method, process,
307	product, or technology that significantly or substantially
308	reduces the volume or weight of a product while providing, at a
309	minimum, equivalent or generally similar performance and service
310	to and for the users of such materials.
311	(h)  Providing evaluation of solid waste management grants,
312	pursuant to s. 403.7095, to reduce the flow of solid waste to
313	disposal facilities and encourage the sustainable recovery of
314	materials from Florida's waste stream.
315	(i)  Providing below-market financing for companies that
316	manufacture products from recycled materials or convert
317	recyclable materials into raw materials for use in manufacturing
318	pursuant to the Florida Recycling Loan Program as administered
319	by the Florida First Capital Finance Corporation.
320	(j)  Maintaining a continuously updated online directory
321	listing the public and private entities that collect, transport,
322	broker, process, or remanufacture recyclable materials in the
323	state.
324	(k)  Providing information on the availability and benefits
325	of using recycled materials to private entities and industries
326	in the state.
327	(l)  Distributing any materials prepared in implementing
328	this subsection to the public, private entities, industries,
329	governmental entities, or other organizations upon request.
330	(m)  Coordinating with the Agency for Workforce Innovation
331	and its partners to provide job-placement and job-training
332	services to job seekers through the state's workforce services
333	programs.
334	Section 6.  Subsection (1) of section 403.7046, Florida
335	Statutes, is amended to read:
336	403.7046  Regulation of recovered materials.-
337	(1)  Any person who handles, purchases, receives, recovers,
338	sells, or is an end user of recovered materials shall annually
339	certify to the department on forms provided by the department.
340	The department may by rule exempt from this requirement
341	generators of recovered materials; persons who handle or sell
342	recovered materials as an activity which is incidental to the
343	normal primary business activities of that person; or persons
344	who handle, purchase, receive, recover, sell, or are end users
345	of recovered materials in small quantities as defined by the
346	department. The department shall adopt rules for the
347	certification of and reporting by such persons and shall
348	establish criteria for revocation of such certification. Prior
349	to the adoption of such rules, the department shall appoint a
350	technical advisory committee of no more than nine persons,
351	including, at a minimum, representatives of the Florida
352	Association of Counties, the Florida League of Cities, the
353	Florida Recyclers Association, and the Florida Chapter of the
354	National Solid Waste Management Association, to aid in the
355	development of such rules. Such rules shall be designed to
356	elicit, at a minimum, the amount and types of recovered
357	materials handled by registrants, and the amount and disposal
358	site, or name of person with whom such disposal was arranged, of
359	any solid waste generated by such facility. By February 1 of
360	each year, registrants shall report all required information to
361	the department and to all counties from which it received
362	materials. Such rules may provide for the department to conduct
363	periodic inspections. The department may charge a fee of up to
364	$50 for each registration, which shall be deposited into the
365	Solid Waste Management Trust Fund for implementation of the
366	program.
367	Section 7.  Subsection (5) of section 403.7049, Florida
368	Statutes, is amended to read:
369	403.7049  Determination of full cost for solid waste
370	management; local solid waste management fees.-
371	(5)  In order to assist in achieving the municipal solid
372	waste reduction goal and the recycling provisions of s.
373	403.706(2) s. 403.706(4), a county or a municipality which owns
374	or operates a solid waste management facility is hereby
375	authorized to charge solid waste disposal fees which may vary
376	based on a number of factors, including, but not limited to, the
377	amount, characteristics, and form of recyclable materials
378	present in the solid waste that is brought to the county's or
379	the municipality's facility for processing or disposal.
380	Section 8.  Paragraph (c) of subsection (2) and subsection
381	(3) of section 403.705, Florida Statutes, are amended to read:
382	403.705  State solid waste management program.-
383	(2)  The state solid waste management program shall
384	include, at a minimum:
385	(c)  Planning guidelines and technical assistance to
386	counties and municipalities to aid in meeting the municipal
387	solid waste reduction goals established in s. 403.706(2) s.
388	403.706(4).
389	(3)  The department shall periodically seek information
390	from counties to evaluate and report biennially to the President
391	of the Senate and the Speaker of the House of Representatives on
392	the state's success in meeting the solid waste reduction goal as
393	described in s. 403.706(2).
394	Section 9.  Subsections (2), (4), (6), (7), and (21) of
395	section 403.706, Florida Statutes, are amended to read:
396	403.706  Local government solid waste responsibilities.-
397	(2)(a)  Each county shall implement a recyclable materials
398	recycling program that shall have a goal of recycling recyclable
399	solid waste by 40 percent by December 31, 2012, 50 percent by
400	December 31, 2014, 60 percent by December 31, 2016, 70 percent
401	by December 31, 2018, and 75 percent by December 31, 2020.
402	Counties and municipalities are encouraged to form cooperative
403	arrangements for implementing recycling programs.
404	(b)  In order to assist counties in attaining the goals set
405	forth in paragraph (a), the Legislature finds that the recycling
406	of construction and demolition debris fulfills an important
407	state interest. Therefore, each county must implement a program
408	for recycling construction and demolition debris.
409	(c)  All commercial and multifamily construction projects,
410	including, but not limited to, apartment complexes, which begin
411	construction on or after July 1, 2010, where counties provide
412	litter receptacles, must provide an opportunity for the tenants
413	and owners to recycle, including, if necessary, designated space
414	for the placement of recycling receptacles.
415	(d)  If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
416	the county, as determined by the department in accordance with
417	applicable rules, has not reached the recycling goals as set
418	forth in paragraph (a), the department may direct the county to
419	develop a plan to expand recycling programs to existing
420	commercial and multifamily dwellings, including, but not limited
421	to, apartment complexes.
422	(e)  If the state's recycling rate for the 2013 calendar
423	year is below 40 percent, below 50 percent by January 1, 2015,
424	below 60 percent by January 1, 2017, below 70 percent by January
425	1, 2019, or below 75 percent by January 1, 2021, the department
426	shall provide a report to the President of the Senate and the
427	Speaker of the House of Representatives. The report shall
428	identify those additional programs or statutory changes needed
429	to achieve the goals set forth in paragraph (a). The report
430	shall be provided no later than 30 days prior to the beginning
431	of the Regular Session of the Legislature. The department is not
432	required to provide a report to the Legislature if the state
433	reaches its recycling goals as described in this paragraph.
434	(f)(b)  Such programs shall be designed to recover a
435	significant portion of at least four of the following materials
436	from the solid waste stream prior to final disposal at a solid
437	waste disposal facility and to offer these materials for
438	recycling: newspaper, aluminum cans, steel cans, glass, plastic
439	bottles, cardboard, office paper, and yard trash. Local
440	governments which operate permitted waste-to-energy facilities
441	may retrieve ferrous and nonferrous metal as a byproduct of
442	combustion.
443	(g)(c)  Local governments are encouraged to separate all
444	plastics, metal, and all grades of paper for recycling prior to
445	final disposal and are further encouraged to recycle yard trash
446	and other mechanically treated solid waste into compost
447	available for agricultural and other acceptable uses.
448	(h)  The department shall adopt rules establishing the
449	method and criteria to be used by a county in calculating the
450	recycling rates pursuant to this subsection.
451	(d)  By July 1, 2010, each county shall develop and
452	implement a plan to achieve a goal to compost organic materials
453	that would otherwise be disposed of in a landfill. The goal
454	shall provide that up to 10 percent and no less than 5 percent
455	of organic material would be composted within the county and the
456	municipalities within its boundaries. The department may reduce
457	or modify the compost goal if the county demonstrates to the
458	department that achievement of the goal would be impractical
459	given the county's unique demographic, urban density, or
460	inability to separate normally compostable material from the
461	solid waste stream. The composting plan is encouraged to address
462	partnership with the private sector.
463	(i)(e)  Each county is encouraged to consider plans for
464	composting or mulching organic materials that would otherwise be
465	disposed of in a landfill. The composting or mulching plans are
466	encouraged to address partnership with the private sector.
467	(4)(a)  In order to promote the production of renewable
468	energy from solid waste, each megawatt-hour produced by a
469	renewable energy facility using solid waste as a fuel shall
470	count as 1 ton of recycled material and shall be applied toward
471	meeting the recycling goals set forth in this section. If a
472	county creating renewable energy from solid waste implements and
473	maintains a program to recycle at least 50 percent of municipal
474	solid waste by a means other than creating renewable energy,
475	that county shall count 2 tons of recycled material for each
476	megawatt-hour produced. If waste originates from a county other
477	than the county in which the renewable energy facility resides,
478	the originating county shall receive such recycling credit. Any
479	county that has a debt service payment related to its waste-to-
480	energy facility shall receive 1 ton of recycled materials credit
481	for each ton of solid waste processed at the facility. Any
482	byproduct resulting from the creation of renewable energy does
483	not count as waste. A county's solid waste management and
484	recycling programs shall be designed to provide for sufficient
485	reduction of the amount of solid waste generated within the
486	county and the municipalities within its boundaries in order to
487	meet goals for the reduction of municipal solid waste prior to
488	the final disposal or the incineration of such waste at a solid
489	waste disposal facility. The goals shall provide, at a minimum,
490	that the amount of municipal solid waste that would be disposed
491	of within the county and the municipalities within its
492	boundaries is reduced by at least 30 percent.
493	(b)  A county may receive credit for one-half of the
494	recycling goal set forth in subsection (2) for waste reduction
495	from the use of yard trash, or other clean wood waste or paper
496	waste, in innovative programs including, but not limited to,
497	programs that produce alternative clean-burning fuels such as
498	ethanol or that provide for the conversion of yard trash or
499	other clean wood waste or paper waste to clean-burning fuel for
500	the production of energy for use at facilities other than a
501	waste-to-energy facility as defined in s. 403.7061. The
502	provisions of this paragraph apply only if a county can
503	demonstrate that:
504	1.  The county has implemented a yard trash mulching or
505	composting program, and
506	2.  As part of the program, compost and mulch made from
507	yard trash is available to the general public and in use at
508	county-owned or maintained and municipally owned or maintained
509	facilities in the county and state agencies operating in the
510	county as required by this section.
511	(c)  A county with a population of 100,000 or less or a
512	municipality with a population of 50,000 or less may provide its
513	residents with the opportunity to recycle in lieu of achieving
514	the goal set forth in this section paragraph (a). For the
515	purposes of this section subsection, the "opportunity to
516	recycle" means that the county:
517	1.a.  Provides a system for separating and collecting
518	recyclable materials prior to disposal that is located at a
519	solid waste management facility or solid waste disposal area; or
520	b.  Provides a system of places within the county for
521	collection of source-separated recyclable materials.
522	2.  Provides a public education and promotion program that
523	is conducted to inform its residents of the opportunity to
524	recycle, encourages source separation of recyclable materials,
525	and promotes the benefits of reducing, reusing, recycling, and
526	composting materials.
527	(6)  The department may reduce or modify the municipal
528	solid waste recycling reduction goal that a county is required
529	to achieve pursuant to subsection (2) (4) if the county
530	demonstrates to the department that:
531	(a)  The achievement of the goal set forth in subsection
532	(2) (4) would have an adverse effect on the financial
533	obligations of a county that are directly related to a waste-to-
534	energy facility owned or operated by or on behalf of the county;
535	and
536	(b)  The county cannot remove normally combustible
537	materials from solid waste that is to be processed at a waste-
538	to-energy facility because of the need to maintain a sufficient
539	amount of solid waste to ensure the financial viability of the
540	facility.
541
542	The goal shall not be waived entirely and may only be reduced or
543	modified to the extent necessary to alleviate the adverse
544	effects of achieving the goal on the financial viability of a
545	county's waste-to-energy facility. Nothing in this subsection
546	shall exempt a county from developing and implementing a
547	recycling program pursuant to this act.
548	(7)  In order to assess the progress in meeting the goal
549	set forth established in subsection (2) (4), each county shall,
550	by April 1 November each year, provide information to the
551	department regarding its annual solid waste management program
552	and recycling activities.
553	(a)  The information submitted to the department by the
554	county must, at a minimum, include:
555	1.(a)  The amount of municipal solid waste disposed of at
556	solid waste disposal facilities, by type of waste such as yard
557	trash, white goods, clean debris, tires, and unseparated solid
558	waste;
559	2.(b)  The amount and type of materials from the municipal
560	solid waste stream that were recycled; and
561	3.(c)  The percentage of the population participating in
562	various types of recycling activities instituted.
563	(b)  Beginning with the data for the 2012 calendar year,
564	the department shall by July 1 each year post on its website the
565	recycling rates of each county for the prior calendar year.
566	(21)  Local governments are authorized to enact ordinances
567	that require and direct all residential properties, multifamily
568	dwellings, and apartment complexes and industrial, commercial,
569	and institutional establishments as defined by the local
570	government to establish programs for the separation of
571	recyclable materials designated by the local government, which
572	recyclable materials are specifically intended for purposes of
573	recycling and for which a market exists, and to provide for
574	their collection. Such ordinances may include, but are not
575	limited to, provisions that prohibit any person from knowingly
576	disposing of recyclable materials designated by the local
577	government and that ensure the collection of recovered materials
578	as necessary to protect public health and safety.
579	Section 10.  Paragraphs (d) through (i) of subsection (3)
580	of section 403.7061, Florida Statutes, are redesignated as
581	paragraphs (c) through (h), respectively, and present paragraph
582	(c) of that subsection is amended to read:
583	403.7061  Requirements for review of new waste-to-energy
584	facility capacity by the Department of Environmental
585	Protection.-
586	(3)  An applicant must provide reasonable assurance that
587	the construction of a new waste-to-energy facility or the
588	expansion of an existing waste-to-energy facility will comply
589	with the following criteria:
590	(c)  The county in which the facility is located has
591	implemented and maintains a solid waste management and recycling
592	program that is designed to achieve the waste reduction goal set
593	forth in s. 403.706(4). For the purposes of this section, the
594	provisions of s. 403.706(4)(c) for counties having populations
595	of 100,000 or fewer do not apply.
596	Section 11.  Subsection (9) of section 403.707, Florida
597	Statutes, is amended to read:
598	403.707  Permits.-
599	(9)  The department shall establish a separate category for
600	solid waste management facilities that accept only construction
601	and demolition debris for disposal or recycling. The department
602	shall establish a reasonable schedule for existing facilities to
603	comply with this section to avoid undue hardship to such
604	facilities. However, a permitted solid waste disposal unit that
605	receives a significant amount of waste prior to the compliance
606	deadline established in this schedule shall not be required to
607	be retrofitted with liners or leachate control systems.
608	(a)  The department shall establish reasonable
609	construction, operation, monitoring, recordkeeping, financial
610	assurance, and closure requirements for such facilities. The
611	department shall take into account the nature of the waste
612	accepted at various facilities when establishing these
613	requirements, and may impose less stringent requirements,
614	including a system of general permits or registration
615	requirements, for facilities that accept only a segregated waste
616	stream which is expected to pose a minimal risk to the
617	environment and public health, such as clean debris. The
618	Legislature recognizes that incidental amounts of other types of
619	solid waste are commonly generated at construction or demolition
620	projects. In any enforcement action taken pursuant to this
621	section, the department shall consider the difficulty of
622	removing these incidental amounts from the waste stream.
623	(b)  The department shall not require liners and leachate
624	collection systems at individual disposal units and lateral
625	expansions of existing disposal units that have not received a
626	department permit authorizing construction or operation before
627	July 1, 2010 facilities unless it demonstrates, based upon the
628	types of waste received, the methods for controlling types of
629	waste disposed of, the proximity of groundwater and surface
630	water, and the results of the hydrogeological and geotechnical
631	investigations, that the facility is reasonably expected to
632	result in violations of groundwater standards and criteria
633	otherwise.
634	(c)  The owner or operator shall provide financial
635	assurance for closing of the facility in accordance with the
636	requirements of s. 403.7125. The financial assurance shall cover
637	the cost of closing the facility and 5 years of long-term care
638	after closing, unless the department determines, based upon
639	hydrogeologic conditions, the types of wastes received, or the
640	groundwater monitoring results, that a different long-term care
641	period is appropriate. However, unless the owner or operator of
642	the facility is a local government, the escrow account described
643	in s. 403.7125(2) may not be used as a financial assurance
644	mechanism.
645	(d)  The department shall establish training requirements
646	for operators of facilities, and shall work with the State
647	University System or other providers to assure that adequate
648	training courses are available. The department shall also assist
649	the Florida Home Builders Association in establishing a
650	component of its continuing education program to address proper
651	handling of construction and demolition debris, including best
652	management practices for reducing contamination of the
653	construction and demolition debris waste stream.
654	(e)  The issuance of a permit under this subsection does
655	not obviate the need to comply with all applicable zoning and
656	land use regulations.
657	(f)  A permit is not required under this section for the
658	disposal of construction and demolition debris on the property
659	where it is generated, but such property must be covered,
660	graded, and vegetated as necessary when disposal is complete.
661	(g)  By January 1, 2012, the amount of construction and
662	demolition debris processed and recycled prior to disposal at a
663	permitted materials recovery facility or at any other permitted
664	disposal facility shall be reported by the county of origin to
665	the department and to the county on an annual basis in
666	accordance with rules adopted by the department. The rules shall
667	establish criteria to ensure accurate and consistent reporting
668	for purposes of determining the recycling rate in s. 403.706
669	and shall also require that, to the extent economically
670	feasible, all construction and demolition debris must be
671	processed prior to disposal, either at a permitted materials
672	recovery facility or at a permitted disposal facility. This
673	paragraph does not apply to recovered materials, any materials
674	that have been source separated and offered for recycling, or
675	materials that have been previously processed. It is the policy
676	of the Legislature to encourage facilities to recycle. The
677	department shall establish criteria and guidelines that
678	encourage recycling where practical and provide for the use of
679	recycled materials in a manner that protects the public health
680	and the environment. Facilities are authorized to recycle,
681	provided such activities do not conflict with such criteria and
682	guidelines.
683	(h)  The department shall ensure that the requirements of
684	this section are applied and interpreted consistently throughout
685	the state. In accordance with s. 20.255, the Division of Waste
686	Management shall direct the district offices and bureaus on
687	matters relating to the interpretation and applicability of this
688	section.
689	(i)  The department shall provide notice of receipt of a
690	permit application for the initial construction of a
691	construction and demolition debris disposal facility to the
692	local governments having jurisdiction where the facility is to
693	be located.
694	(j)  The Legislature recognizes that recycling, waste
695	reduction, and resource recovery are important aspects of an
696	integrated solid waste management program and as such are
697	necessary to protect the public health and the environment. If
698	necessary to promote such an integrated program, the county may
699	determine, after providing notice and an opportunity for a
700	hearing prior to April 30, 2008, that some or all of the
701	material described in s. 403.703(6)(b) shall be excluded from
702	the definition of "construction and demolition debris" in s.
703	403.703(6) within the jurisdiction of such county. The county
704	may make such a determination only if it finds that, prior to
705	June 1, 2007, the county has established an adequate method for
706	the use or recycling of such wood material at an existing or
707	proposed solid waste management facility that is permitted or
708	authorized by the department on June 1, 2007. The county is not
709	required to hold a hearing if the county represents that it
710	previously has held a hearing for such purpose, or if the county
711	represents that it previously has held a public meeting or
712	hearing that authorized such method for the use or recycling of
713	trash or other nonputrescible waste materials and that such
714	materials include those materials described in s. 403.703(6)(b).
715	The county shall provide written notice of its determination to
716	the department by no later than April 30, 2008; thereafter, the
717	materials described in s. 403.703(6) shall be excluded from the
718	definition of "construction and demolition debris" in s.
719	403.703(6) within the jurisdiction of such county. The county
720	may withdraw or revoke its determination at any time by
721	providing written notice to the department.
722	(k)  Brazilian pepper and other invasive exotic plant
723	species as designated by the department resulting from
724	eradication projects may be processed at permitted construction
725	and demolition debris recycling facilities or disposed of at
726	permitted construction and demolition debris disposal facilities
727	or Class III facilities. The department may adopt rules to
728	implement this paragraph.
729	Section 12.  Paragraph (e) of subsection (1) of section
730	403.709, Florida Statutes, is amended to read:
731	403.709  Solid Waste Management Trust Fund; use of waste
732	tire fees.-There is created the Solid Waste Management Trust
733	Fund, to be administered by the department.
734	(1)  From the annual revenues deposited in the trust fund,
735	unless otherwise specified in the General Appropriations Act:
736	(e)  A minimum of 40 percent shall be used for funding a
737	solid waste management competitive and innovative grant program
738	pursuant to s. 403.7095 for activities relating to recycling and
739	waste reduction, including waste tires requiring final disposal.
740	Section 13.  Section 403.7095, Florida Statutes, is amended
741	to read:
742	403.7095  Solid waste management grant program.-
743	(1)  The department shall develop a competitive and
744	innovative grant program for counties, municipalities, special
745	districts, and nonprofit organizations that have legal
746	responsibility for the provision of solid waste management
747	services. For purposes of this program, "innovative" means that
748	the process, technology, or activity for which funding is sought
749	has not previously been implemented within the jurisdiction of
750	the applicant. The applicant must:
751	(a)  Demonstrate technologies or processes that represent a
752	novel application of an existing technology or process to
753	recycle or reduce waste, or that overcome obstacles to recycling
754	or waste reduction in new or innovative ways;
755	(b)  Demonstrate innovative processes to collect and
756	recycle or reduce materials targeted by the department and the
757	recycling industry; or
758	(c)  Demonstrate effective solutions to solving solid waste
759	problems resulting from waste tires, particularly in the areas
760	of enforcement and abatement of illegal tire dumping and
761	activities to promote market development of waste tire products.
762
763	Because the Legislature recognizes that input from the recycling
764	industry is essential to the success of this grant program, the
765	department shall cooperate with private sector entities to
766	develop a process and define specific criteria for allowing
767	their participation with grant recipients.
768	(2)  The department shall evaluate and prioritize the
769	annual grant proposals and present the annual prioritized list
770	of projects to be funded to the Governor and the Legislature as
771	part of its annual budget request submitted pursuant to chapter
772	216. Potential grant recipients are encouraged to demonstrate
773	local support for grant proposals by the commitment of cash or
774	in-kind matching funds.
775	(1)(3)  The department shall develop a consolidated grant
776	program for small counties having populations fewer than
777	100,000, with grants to be distributed equally among eligible
778	counties. Programs to be supported with the small-county
779	consolidated grants include general solid waste management,
780	litter prevention and control, and recycling and education
781	programs.
782	(2)(4)  The department shall develop a waste tire grant
783	program making grants available to all counties. The department
784	shall ensure that at least 25 percent of the funding available
785	for waste tire grants is distributed equally to each county
786	having a population fewer than 100,000. Of the remaining funds
787	distributed to counties having a population of 100,000 or
788	greater, the department shall distribute those funds on the
789	basis of population.
790	(3)(5)  From the funds made available pursuant to s.
791	403.709(1)(e) for the grant program created by this section, the
792	following distributions shall be made:
793	(a)  Up to 15 percent for the program described in
794	subsection (1);
795	(a)(b)  Up to 50 35 percent for the program described in
796	subsection (1) (3); and
797	(b)(c)  Up to 50 percent for the program described in
798	subsection (2) (4).
799	(4)(6)  The department may adopt rules necessary to
800	administer this section, including, but not limited to, rules
801	governing timeframes for submitting grant applications, criteria
802	for prioritizing, matching criteria, maximum grant amounts, and
803	allocation of appropriated funds based upon project and
804	applicant size.
805	(7)  Notwithstanding any provision of this section to the
806	contrary, and for the 2009-2010 fiscal year only, the Department
807	of Environmental Protection shall award the sum of $2,600,000 in
808	grants equally to counties having populations of fewer than
809	100,000 for waste tire and litter prevention, recycling
810	education, and general solid waste programs. This subsection
811	expires July 1, 2010.
812	(8)(a)  Notwithstanding any provision of this section to
813	the contrary, and for the 2008-2009 fiscal year only, the
814	Department of Environmental Protection shall award:
815	1.  The sum of $9,428,773 in grants equally to counties
816	having populations of fewer than 100,000 for waste tire and
817	litter prevention, recycling education, and general solid waste
818	programs.
819	2.  The sum of $2,000,781 to be used for the Innovative
820	Grant Program.
821	(b)  This subsection expires July 1, 2009.
822	Section 14.  Subsection (1) of section 403.7145, Florida
823	Statutes, is amended, and subsections (3) and (4) are added to
824	that section, to read:
825	403.7145  Recycling.-
826	(1)  The Capitol and the House and Senate office buildings
827	constitute the Capitol recycling area. The Florida House of
828	Representatives, the Florida Senate, and the Office of the
829	Governor, the Secretary of State, and each Cabinet officer who
830	heads a department that occupies office space in the Capitol,
831	shall institute a recycling program for their respective offices
832	in the House and Senate office buildings and the Capitol.
833	Provisions shall be made to collect and sell wastepaper and
834	empty aluminum beverage containers cans generated by employee
835	activities in these offices. The collection and sale of such
836	materials shall be reported to Leon County using the
837	department's designated reporting format and coordinated with
838	Department of Management Services recycling activities to
839	maximize the efficiency and economy of this program. The
840	Governor, the Speaker of the House of Representatives, the
841	President of the Senate, the Secretary of State, and the Cabinet
842	officers may authorize the use of proceeds from recyclable
843	material sales for employee benefits and other purposes, in
844	order to provide incentives to their respective employees for
845	participation in the recycling program. Such proceeds may also
846	be used to offset any costs of the recycling program. As a
847	demonstration of leading by example, the Capitol Building's
848	recycling rates shall be posted on the website of the Department
849	of Management Services and shall include the details of the
850	recycling rates for each Department of Management Services pool
851	facility. The Department of Environmental Protection shall post
852	recycling rates of each state-owned facility reported to the
853	Department of Management Services.
854	(3)  Prior to awarding any grants pursuant to s. 403.7095,
855	the department shall develop and contract for an innovative
856	recycling pilot project for the Capitol recycling area. The
857	project shall be designed to collect recyclable materials and
858	create a more sustainable recycling system. Components of the
859	project shall be designed to increase convenience, incentivize
860	and measure participation, reduce material volume, and assist in
861	achieving the recycling goals enumerated in s. 403.706.
862	(4)  Each public airport operating in this state shall, to
863	the greatest extent practicable, collect aluminum beverage cans
864	and recyclable plastic and glass from the airlines and other
865	entities doing business at the airport and offer such materials
866	for recycling and may retain the economic benefit of these
867	activities to offset the costs associated with such collection.
868	Airport administration offices, airport vendors, and airlines
869	are encouraged to coordinate the collection of recyclable waste
870	to the greatest extent practicable. The provisions of this
871	subsection are not intended to interfere with any established
872	recycling activity.
873	Section 15.  Paragraph (m) is added to subsection (1) of
874	section 553.77, Florida Statutes, to read:
875	553.77  Specific powers of the commission.-
876	(1)  The commission shall:
877	(m)  Develop recommendations that increase residential and
878	commercial recycling and composting and strongly encourage the
879	use of recyclable materials and the recycling of construction
880	and demolition debris.
881	Section 16.  Subsections (1), (2), and (3) of section
882	220.1845, Florida Statutes, are renumbered as subsections (2),
883	(3), and (4), respectively, and a new subsection (1) is added to
884	that section to read:
885	220.1845  Contaminated site rehabilitation tax credit.-
886	(1)  APPLICATION FOR TAX CREDIT.-A site rehabilitation
887	application must be received by the Division of Waste Management
888	of the Department of Environmental Protection by January 31 of
889	the year after the calendar year for which site rehabilitation
890	costs are being claimed in a tax credit application. All site
891	rehabilitation costs claimed must have been for work conducted
892	between January 1 and December 31 of the year for which the
893	application is being submitted. All payment requests must have
894	been received and all costs must have been paid prior to
895	submittal of the tax credit application, but no later than
896	January 31 of the year after the calendar year for which site
897	rehabilitation costs are being claimed.
898	Section 17.  Paragraph (a) of subsection (5), paragraph (c)
899	of subsection (6), and subsections (9) and (10) of section
900	376.30781, Florida Statutes, are amended to read:
901	376.30781  Tax credits for rehabilitation of drycleaning-
902	solvent-contaminated sites and brownfield sites in designated
903	brownfield areas; application process; rulemaking authority;
904	revocation authority.-
905	(5)  To claim the credit for site rehabilitation or solid
906	waste removal, each tax credit applicant must apply to the
907	Department of Environmental Protection for an allocation of the
908	$2 million annual credit by filing a tax credit application with
909	the Division of Waste Management on a form developed by the
910	Department of Environmental Protection in cooperation with the
911	Department of Revenue. The form shall include an affidavit from
912	each tax credit applicant certifying that all information
913	contained in the application, including all records of costs
914	incurred and claimed in the tax credit application, are true and
915	correct. If the application is submitted pursuant to
916	subparagraph (3)(a)2., the form must include an affidavit signed
917	by the real property owner stating that it is not, and has never
918	been, the owner or operator of the drycleaning facility where
919	the contamination exists. Approval of tax credits must be
920	accomplished on a first-come, first-served basis based upon the
921	date and time complete applications are received by the Division
922	of Waste Management, subject to the limitations of subsection
923	(14). To be eligible for a tax credit, the tax credit applicant
924	must:
925	(a)  For site rehabilitation tax credits, have entered into
926	a voluntary cleanup agreement with the Department of
927	Environmental Protection for a drycleaning-solvent-contaminated
928	site or a Brownfield Site Rehabilitation Agreement, as
929	applicable, and have paid all deductibles pursuant to s.
930	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
931	sites, as applicable. A site rehabilitation tax credit applicant
932	must submit only a single completed application per site for
933	each calendar year's site rehabilitation costs. A site
934	rehabilitation application must be received by the Division of
935	Waste Management of the Department of Environmental Protection
936	by January 31 of the year after the calendar year for which site
937	rehabilitation costs are being claimed in a tax credit
938	application. All site rehabilitation costs claimed must have
939	been for work conducted between January 1 and December 31 of the
940	year for which the application is being submitted. All payment
941	requests must have been received and all costs must have been
942	paid prior to submittal of the tax credit application, but no
943	later than January 31 of the year after the calendar year for
944	which site rehabilitation costs are being claimed.
945	(6)  To obtain the tax credit certificate, the tax credit
946	applicant must provide all pertinent information requested on
947	the tax credit application form, including, at a minimum, the
948	name and address of the tax credit applicant and the address and
949	tracking identification number of the eligible site. Along with
950	the tax credit application form, the tax credit applicant must
951	submit the following:
952	(c)  Proof that the documentation submitted pursuant to
953	paragraph (b) has been reviewed and verified by an independent
954	certified public accountant in accordance with standards
955	established by the American Institute of Certified Public
956	Accountants. Specifically, a certified public accountant's
957	report must be submitted and the certified public accountant
958	must attest to the accuracy and validity of the costs claimed
959	incurred and paid during the time period covered in the
960	application by conducting an independent review of the data
961	presented by the tax credit applicant. Accuracy and validity of
962	costs incurred and paid shall be determined after the level of
963	effort is certified by an appropriate professional registered in
964	this state in each contributing technical discipline. The
965	certified public accountant's report must also attest that the
966	costs included in the application form are not duplicated within
967	the application, that all payment requests were received and all
968	costs were paid prior to submittal of the tax credit
969	application, and, for site rehabilitation tax credits, that all
970	costs claimed are for work conducted between January 1 and
971	December 31 of the year for which the application is being
972	submitted. A copy of the accountant's report shall be submitted
973	to the Department of Environmental Protection in addition to the
974	accountant's certification form in the tax credit application;
975	and
976	(9)  On or before May 1, the Department of Environmental
977	Protection shall inform each tax credit applicant that is
978	subject to the January 31 annual application deadline of the
979	applicant's eligibility status and the amount of any tax credit
980	due. The department shall provide each eligible tax credit
981	applicant with a tax credit certificate that must be submitted
982	with its tax return to the Department of Revenue to claim the
983	tax credit or be transferred pursuant to s. 220.1845(2)(g) s.
984	220.1845(1)(g). The May 1 deadline for annual site
985	rehabilitation tax credit certificate awards shall not apply to
986	any tax credit application for which the department has issued a
987	notice of deficiency pursuant to subsection (8). The department
988	shall respond within 90 days after receiving a response from the
989	tax credit applicant to such a notice of deficiency. Credits may
990	not result in the payment of refunds if total credits exceed the
991	amount of tax owed.
992	(10)  For solid waste removal, new health care facility or
993	health care provider, and affordable housing tax credit
994	applications, the Department of Environmental Protection shall
995	inform the applicant of the department's determination within 90
996	days after the application is deemed complete. Each eligible tax
997	credit applicant shall be informed of the amount of its tax
998	credit and provided with a tax credit certificate that must be
999	submitted with its tax return to the Department of Revenue to
1000	claim the tax credit or be transferred pursuant to s.
1001	220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the
1002	payment of refunds if total credits exceed the amount of tax
1003	owed.
1004	Section 18.  Section 376.85, Florida Statutes, is amended
1005	to read:
1006	376.85  Annual report.-The Department of Environmental
1007	Protection shall prepare and submit an annual report to the
1008	President of the Senate and the Speaker of the House of
1009	Representatives by August 1 of each year a report that includes
1010	Legislature, beginning in December 1998, which shall include,
1011	but is not be limited to, the number, size, and locations of
1012	brownfield sites: that have been remediated under the provisions
1013	of this act,; that are currently under rehabilitation pursuant
1014	to a negotiated site rehabilitation agreement with the
1015	department or a delegated local program,; where alternative
1016	cleanup target levels have been established pursuant to s.
1017	376.81(1)(g)3.,; and, where engineering and institutional
1018	control strategies are being employed as conditions of a "no
1019	further action order" to maintain the protections provided in s.
1020	376.81(1)(g)1. and 2.
1021	Section 19.  Section 403.973, Florida Statutes, is amended
1022	to read:
1023	403.973  Expedited permitting; amendments to comprehensive
1024	plans plan amendments.-
1025	(1)  It is the intent of the Legislature to encourage and
1026	facilitate the location and expansion of those types of economic
1027	development projects which offer job creation and high wages,
1028	strengthen and diversify the state's economy, and have been
1029	thoughtfully planned to take into consideration the protection
1030	of the state's environment. It is also the intent of the
1031	Legislature to provide for an expedited permitting and
1032	comprehensive plan amendment process for such projects.
1033	(2)  As used in this section, the term:
1034	(a)  "Duly noticed" means publication in a newspaper of
1035	general circulation in the municipality or county with
1036	jurisdiction. The notice shall appear on at least 2 separate
1037	days, one of which shall be at least 7 days before the meeting.
1038	The notice shall state the date, time, and place of the meeting
1039	scheduled to discuss or enact the memorandum of agreement, and
1040	the places within the municipality or county where such proposed
1041	memorandum of agreement may be inspected by the public. The
1042	notice must be one-eighth of a page in size and must be
1043	published in a portion of the paper other than the legal notices
1044	section. The notice shall also advise that interested parties
1045	may appear at the meeting and be heard with respect to the
1046	memorandum of agreement.
1047	(b)  "Jobs" means permanent, full-time equivalent positions
1048	not including construction jobs.
1049	(c)  "Office" means the Office of Tourism, Trade, and
1050	Economic Development.
1051	(d)  "Permit applications" means state permits and
1052	licenses, and at the option of a participating local government,
1053	local development permits or orders.
1054	(e)  "Secretary" means the Secretary of Environmental
1055	Protection or his or her designee.
1056	(3)(a)  The secretary Governor, through the office, shall
1057	direct the creation of regional permit action teams, for the
1058	purpose of expediting review of permit applications and local
1059	comprehensive plan amendments submitted by:
1060	1.  Businesses creating at least 50 100 jobs;, or
1061	2.  Businesses creating at least 25 50 jobs if the project
1062	is located in an enterprise zone, or in a county having a
1063	population of fewer less than 75,000 or in a county having a
1064	population of fewer less than 125,000 100,000 which is
1065	contiguous to a county having a population of fewer less than
1066	75,000, as determined by the most recent decennial census,
1067	residing in incorporated and unincorporated areas of the
1068	county., or
1069	(b)  On a case-by-case basis and at the request of a county
1070	or municipal government, the office may certify as eligible for
1071	expedited review a project not meeting the minimum job creation
1072	thresholds but creating a minimum of 10 jobs. The recommendation
1073	from the governing body of the county or municipality in which
1074	the project may be located is required in order for the office
1075	to certify that any project is eligible for expedited review
1076	under this paragraph. When considering projects that do not meet
1077	the minimum job creation thresholds but that are recommended by
1078	the governing body in which the project may be located, the
1079	office shall consider economic impact factors that include, but
1080	are not limited to:
1081	1.  The proposed wage and skill levels relative to those
1082	existing in the area in which the project may be located;
1083	2.  The project's potential to diversify and strengthen the
1084	area's economy;
1085	3.  The amount of capital investment; and
1086	4.  The number of jobs that will be made available for
1087	persons served by the welfare transition program.
1088	(c)  At the request of a county or municipal government,
1089	the office or a Quick Permitting County may certify projects
1090	located in counties where the ratio of new jobs per participant
1091	in the welfare transition program, as determined by Workforce
1092	Florida, Inc., is less than one or otherwise critical, as
1093	eligible for the expedited permitting process. Such projects
1094	must meet the numerical job creation criteria of this
1095	subsection, but the jobs created by the project do not have to
1096	be high-wage jobs that diversify the state's economy.
1097	(d)  Projects located in a designated brownfield area are
1098	eligible for the expedited permitting process.
1099	(e)  Projects that are part of the state-of-the-art
1100	biomedical research institution and campus to be established in
1101	this state by the grantee under s. 288.955 are eligible for the
1102	expedited permitting process, if the projects are designated as
1103	part of the institution or campus by the board of county
1104	commissioners of the county in which the institution and campus
1105	are established.
1106	(f)  Projects resulting in the production of biofuels
1107	cultivated on lands that are 1,000 acres or more or in the
1108	construction of a biofuel or biodiesel processing facility or a
1109	facility generating renewable energy, as defined in s.
1110	366.91(2)(d), are eligible for the expedited permitting process.
1111	(4)  The regional teams shall be established through the
1112	execution of memoranda of agreement developed by the applicant
1113	and the secretary, with input solicited from between the office
1114	and the respective heads of the Department of Environmental
1115	Protection, the Department of Community Affairs, the Department
1116	of Transportation and its district offices, the Department of
1117	Agriculture and Consumer Services, the Fish and Wildlife
1118	Conservation Commission, appropriate regional planning councils,
1119	appropriate water management districts, and voluntarily
1120	participating municipalities and counties. The memoranda of
1121	agreement should also accommodate participation in this
1122	expedited process by other local governments and federal
1123	agencies as circumstances warrant.
1124	(5)  In order to facilitate local government's option to
1125	participate in this expedited review process, the secretary
1126	office shall, in cooperation with local governments and
1127	participating state agencies, create a standard form memorandum
1128	of agreement. A local government shall hold a duly noticed
1129	public workshop to review and explain to the public the
1130	expedited permitting process and the terms and conditions of the
1131	standard form memorandum of agreement.
1132	(6)  The local government shall hold a duly noticed public
1133	hearing to execute a memorandum of agreement for each qualified
1134	project. Notwithstanding any other provision of law, and at the
1135	option of the local government, the workshop provided for in
1136	subsection (5) may be conducted on the same date as the public
1137	hearing held under this subsection. The memorandum of agreement
1138	that a local government signs shall include a provision
1139	identifying necessary local government procedures and time
1140	limits that will be modified to allow for the local government
1141	decision on the project within 90 days. The memorandum of
1142	agreement applies to projects, on a case-by-case basis, that
1143	qualify for special review and approval as specified in this
1144	section. The memorandum of agreement must make it clear that
1145	this expedited permitting and review process does not modify,
1146	qualify, or otherwise alter existing local government
1147	nonprocedural standards for permit applications, unless
1148	expressly authorized by law.
1149	(7)  At the option of the participating local government,
1150	Appeals of local government comprehensive plan approvals its
1151	final approval for a project shall may be pursuant to the
1152	summary hearing provisions of s. 120.574, pursuant to subsection
1153	(14), and consolidated with the challenge of any applicable
1154	state agency actions or pursuant to other appellate processes
1155	available to the local government. The local government's
1156	decision to enter into a summary hearing must be made as
1157	provided in s. 120.574 or in the memorandum of agreement.
1158	(8)  Each memorandum of agreement shall include a process
1159	for final agency action on permit applications and local
1160	comprehensive plan amendment approvals within 90 days after
1161	receipt of a completed application, unless the applicant agrees
1162	to a longer time period or the secretary office determines that
1163	unforeseen or uncontrollable circumstances preclude final agency
1164	action within the 90-day timeframe. Permit applications governed
1165	by federally delegated or approved permitting programs whose
1166	requirements would prohibit or be inconsistent with the 90-day
1167	timeframe are exempt from this provision, but must be processed
1168	by the agency with federally delegated or approved program
1169	responsibility as expeditiously as possible.
1170	(9)  The secretary office shall inform the Legislature by
1171	October 1 of each year which agencies have not entered into or
1172	implemented an agreement and identify any barriers to achieving
1173	success of the program.
1174	(10)  The memoranda of agreement may provide for the waiver
1175	or modification of procedural rules prescribing forms, fees,
1176	procedures, or time limits for the review or processing of
1177	permit applications under the jurisdiction of those agencies
1178	that are party to the memoranda of agreement. Notwithstanding
1179	any other provision of law to the contrary, a memorandum of
1180	agreement must to the extent feasible provide for proceedings
1181	and hearings otherwise held separately by the parties to the
1182	memorandum of agreement to be combined into one proceeding or
1183	held jointly and at one location. Such waivers or modifications
1184	shall not be available for permit applications governed by
1185	federally delegated or approved permitting programs, the
1186	requirements of which would prohibit, or be inconsistent with,
1187	such a waiver or modification.
1188	(11)  The standard form for memoranda of agreement shall
1189	include guidelines to be used in working with state, regional,
1190	and local permitting authorities. Guidelines may include, but
1191	are not limited to, the following:
1192	(a)  A central contact point for filing permit applications
1193	and local comprehensive plan amendments and for obtaining
1194	information on permit and local comprehensive plan amendment
1195	requirements;
1196	(b)  Identification of the individual or individuals within
1197	each respective agency who will be responsible for processing
1198	the expedited permit application or local comprehensive plan
1199	amendment for that agency;
1200	(c)  A mandatory preapplication review process to reduce
1201	permitting conflicts by providing guidance to applicants
1202	regarding the permits needed from each agency and governmental
1203	entity, site planning and development, site suitability and
1204	limitations, facility design, and steps the applicant can take
1205	to ensure expeditious permit application and local comprehensive
1206	plan amendment review. As a part of this process, the first
1207	interagency meeting to discuss a project shall be held within 14
1208	days after the secretary's office's determination that the
1209	project is eligible for expedited review. Subsequent interagency
1210	meetings may be scheduled to accommodate the needs of
1211	participating local governments that are unable to meet public
1212	notice requirements for executing a memorandum of agreement
1213	within this timeframe. This accommodation may not exceed 45 days
1214	from the secretary's office's determination that the project is
1215	eligible for expedited review;
1216	(d)  The preparation of a single coordinated project
1217	description form and checklist and an agreement by state and
1218	regional agencies to reduce the burden on an applicant to
1219	provide duplicate information to multiple agencies;
1220	(e)  Establishment of a process for the adoption and review
1221	of any comprehensive plan amendment needed by any certified
1222	project within 90 days after the submission of an application
1223	for a comprehensive plan amendment. However, the memorandum of
1224	agreement may not prevent affected persons as defined in s.
1225	163.3184 from appealing or participating in this expedited plan
1226	amendment process and any review or appeals of decisions made
1227	under this paragraph; and
1228	(f)  Additional incentives for an applicant who proposes a
1229	project that provides a net ecosystem benefit.
1230	(12)  The applicant, the regional permit action team, and
1231	participating local governments may agree to incorporate into a
1232	single document the permits, licenses, and approvals that are
1233	obtained through the expedited permit process. This consolidated
1234	permit is subject to the summary hearing provisions set forth in
1235	subsection (14).
1236	(13)  Notwithstanding any other provisions of law:
1237	(a)  Local comprehensive plan amendments for projects
1238	qualified under this section are exempt from the twice-a-year
1239	limits provision in s. 163.3187; and
1240	(b)  Projects qualified under this section are not subject
1241	to interstate highway level-of-service standards adopted by the
1242	Department of Transportation for concurrency purposes. The
1243	memorandum of agreement specified in subsection (5) must include
1244	a process by which the applicant will be assessed a fair share
1245	of the cost of mitigating the project's significant traffic
1246	impacts, as defined in chapter 380 and related rules. The
1247	agreement must also specify whether the significant traffic
1248	impacts on the interstate system will be mitigated through the
1249	implementation of a project or payment of funds to the
1250	Department of Transportation. Where funds are paid, the
1251	Department of Transportation must include in the 5-year work
1252	program transportation projects or project phases, in an amount
1253	equal to the funds received, to mitigate the traffic impacts
1254	associated with the proposed project.
1255	(14)(a)  Challenges to state agency action in the expedited
1256	permitting process for projects processed under this section are
1257	subject to the summary hearing provisions of s. 120.574, except
1258	that the administrative law judge's decision, as provided in s.
1259	120.574(2)(f), shall be in the form of a recommended order and
1260	shall not constitute the final action of the state agency. In
1261	those proceedings where the action of only one agency of the
1262	state other than the Department of Environmental Protection is
1263	challenged, the agency of the state shall issue the final order
1264	within 45 10 working days after of receipt of the administrative
1265	law judge's recommended order, and the recommended order shall
1266	inform the parties of their right to file exceptions or
1267	responses to the recommended order in accordance with the
1268	uniform rules of procedure pursuant to s. 120.54. In those
1269	proceedings where the actions of more than one agency of the
1270	state are challenged, the Governor shall issue the final order
1271	within 45 10 working days after of receipt of the administrative
1272	law judge's recommended order, and the recommended order shall
1273	inform the parties of their right to file exceptions or
1274	responses to the recommended order in accordance with the
1275	uniform rules of procedure pursuant to s. 120.54. This paragraph
1276	does not apply to the issuance of department licenses required
1277	under any federally delegated or approved permit program. In
1278	such instances, the department shall enter the final order. The
1279	participating agencies of the state may opt at the preliminary
1280	hearing conference to allow the administrative law judge's
1281	decision to constitute the final agency action. If a
1282	participating local government agrees to participate in the
1283	summary hearing provisions of s. 120.574 for purposes of review
1284	of local government comprehensive plan amendments, s.
1285	163.3184(9) and (10) apply.
1286	(b)  Projects identified in paragraph (3)(f) or challenges
1287	to state agency action in the expedited permitting process for
1288	establishment of a state-of-the-art biomedical research
1289	institution and campus in this state by the grantee under s.
1290	288.955 are subject to the same requirements as challenges
1291	brought under paragraph (a), except that, notwithstanding s.
1292	120.574, summary proceedings must be conducted within 30 days
1293	after a party files the motion for summary hearing, regardless
1294	of whether the parties agree to the summary proceeding.
1295	(15)  The office, working with the agencies providing
1296	cooperative assistance and input regarding participating in the
1297	memoranda of agreement, shall review sites proposed for the
1298	location of facilities eligible for the Innovation Incentive
1299	Program under s. 288.1089. Within 20 days after the request for
1300	the review by the office, the agencies shall provide to the
1301	office a statement as to each site's necessary permits under
1302	local, state, and federal law and an identification of
1303	significant permitting issues, which if unresolved, may result
1304	in the denial of an agency permit or approval or any significant
1305	delay caused by the permitting process.
1306	(16)  This expedited permitting process shall not modify,
1307	qualify, or otherwise alter existing agency nonprocedural
1308	standards for permit applications or local comprehensive plan
1309	amendments, unless expressly authorized by law. If it is
1310	determined that the applicant is not eligible to use this
1311	process, the applicant may apply for permitting of the project
1312	through the normal permitting processes.
1313	(17)  The office shall be responsible for certifying a
1314	business as eligible for undergoing expedited review under this
1315	section. Enterprise Florida, Inc., a county or municipal
1316	government, or the Rural Economic Development Initiative may
1317	recommend to the Office of Tourism, Trade, and Economic
1318	Development that a project meeting the minimum job creation
1319	threshold undergo expedited review.
1320	(18)  The office, working with the Rural Economic
1321	Development Initiative and the agencies participating in the
1322	memoranda of agreement, shall provide technical assistance in
1323	preparing permit applications and local comprehensive plan
1324	amendments for counties having a population of fewer less than
1325	75,000 residents, or counties having fewer than 125,000 100,000
1326	residents which are contiguous to counties having fewer than
1327	75,000 residents. Additional assistance may include, but not be
1328	limited to, guidance in land development regulations and
1329	permitting processes, working cooperatively with state,
1330	regional, and local entities to identify areas within these
1331	counties which may be suitable or adaptable for preclearance
1332	review of specified types of land uses and other activities
1333	requiring permits.
1334	(19)  The following projects are ineligible for review
1335	under this part:
1336	(a)  A project funded and operated by a local government,
1337	as defined in s. 377.709, and located within that government's
1338	jurisdiction.
1339	(b)  A project, the primary purpose of which is to:
1340	1.  Effect the final disposal of solid waste, biomedical
1341	waste, or hazardous waste in this state.
1342	2.  Produce electrical power, unless the production of
1343	electricity is incidental and not the primary function of the
1344	project or the electrical power is derived from a fuel source
1345	for renewable energy as defined in s. 366.91(2)(d).
1346	3.  Extract natural resources.
1347	4.  Produce oil.
1348	5.  Construct, maintain, or operate an oil, petroleum,
1349	natural gas, or sewage pipeline.
1350	Section 20.  Section 288.1185, Florida Statutes, is
1351	repealed.
1352	Section 21.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.