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; providing for the
42	creation of a voluntary recyclers certification program;
43	amending s. 403.706, F.S.; requiring counties to meet
44	specific recycling benchmarks; providing legislative
45	intent; requiring certain multifamily residential and
46	commercial properties to make certain provisions for
47	recycling receptacles; providing applicability;
48	authorizing the Department of Environmental Protection to
49	require counties to develop a plan to expand recycling
50	programs under certain conditions; requiring the
51	Department of Environmental Protection to provide a report
52	to the Legislature if a specified recycling rate is not
53	met; eliminating a requirement that counties develop
54	composting goals; providing for waste-to-energy production
55	to be applied toward meeting recycling benchmarks;
56	providing exceptions; providing deadlines for the
57	reporting of recycling data; amending s. 403.7061, F.S.;
58	revising requirements for review of new waste-to-energy
59	facility capacity by the Department of Environmental
60	Protection; amending s. 403.707, F.S.; requiring liners
61	for new construction and demolition debris landfills;
62	establishing recycling rates for source-separation
63	activities; providing an exception; amending s. 403.708,
64	F.S.; authorizing the disposal of yard trash at specified
65	Class I landfills; requiring such landfills to obtain a
66	modified operating permit; requiring permittees to certify
67	certain collection and beneficial use of landfill gas;
68	providing applicability and intent; amending s. 403.709,
69	F.S.; conforming a cross-reference; amending s. 403.7095,
70	F.S.; revising provisions relating to the solid waste
71	management grant program; deleting provisions requiring
72	the Department of Environmental Protection to develop a
73	competitive and innovative grant program for certain
74	counties, municipalities, special districts, and nonprofit
75	organizations; deleting application requirements for such
76	grant program; deleting a requirement for the Department
77	of Environmental Protection to evaluate and prioritize
78	grant proposals for inclusion in its annual budget
79	request; revising the distribution of funds for the small-
80	county consolidated grant program; deleting obsolete
81	provisions; amending s. 403.7145, F.S.; revising recycling
82	requirements for certain state buildings; providing for a
83	pilot project for the Capitol recycling area; amending s.
84	533.77, F.S.; requiring the Florida Building Commission to
85	develop specified recommendations relating to recycling
86	and composting and the use of recyclable materials;
87	amending ss. 220.1845 and 376.30781, F.S.; providing
88	requirements for claiming certain site rehabilitation
89	costs in applications for contaminated site rehabilitation
90	tax credits; conforming cross-references; amending s.
91	376.85, F.S.; revising requirements for the Department of
92	Environmental Protection's annual report to the
93	Legislature regarding site rehabilitation; amending s.
94	403.973, F.S.; transferring certain authority over the
95	expedited permitting and comprehensive plan amendment
96	process from the Office of Tourism, Trade, and Economic
97	Development to the Secretary of Environmental Protection;
98	revising job-creation criteria for businesses to qualify
99	to submit permit applications and local comprehensive plan
100	amendments for expedited review; providing that permit
101	applications and local comprehensive plan amendments for
102	specified renewable energy projects are eligible for the
103	expedited permitting process; providing for the
104	establishment of regional permit action teams through the
105	execution of memoranda of agreement developed by permit
106	applicants and the secretary; revising provisions relating
107	to the memoranda of agreement developed by the secretary;
108	providing for the appeal of local government comprehensive
109	plan approvals for projects and requiring such appeals to
110	be consolidated with challenges to state agency actions;
111	requiring recommended orders relating to challenges to
112	state agency actions pursuant to summary hearing
113	provisions to include certain information; extending the
114	deadline for issuance of final orders relating to such
115	challenges; providing for challenges to state agency
116	action related to expedited permitting for specified
117	renewable energy projects; revising provisions relating to
118	the review of sites proposed for the location of
119	facilities eligible for the Innovation Incentive Program;
120	revising criteria for counties eligible to receive
121	technical assistance in preparing permit applications and
122	local comprehensive plan amendments; specifying expedited
123	review eligibility for certain electrical power projects;
124	amending s. 369.317, F.S.; providing that certain activity
125	relating to mitigation of certain environmental impacts in
126	the Wekiva Study Area or the Wekiva parkway alignment
127	corridor meets specified impact requirements under certain
128	conditions; repealing s. 288.1185, F.S., relating to the
129	Recycling Markets Advisory Committee; providing an
130	effective date.
131
132	Be It Enacted by the Legislature of the State of Florida:
133
134	Section 1.  Subsection (9) is added to section 288.9015,
135	Florida Statutes, to read:
136	288.9015  Enterprise Florida, Inc.; purpose; duties.-
137	(9)  Enterprise Florida, Inc., shall provide technical
138	assistance to the Department of Environmental Protection in the
139	creation of the Recycling Business Assistance Center pursuant to
140	s. 403.7032(5). As the state's primary organization devoted to
141	statewide economic development, Enterprise Florida, Inc., is
142	encouraged to cooperate with the Department of Environmental
143	Protection to ensure that the Recycling Business Assistance
144	Center is positioned to succeed in helping to enhance and expand
145	existing markets for recyclable materials in this state, other
146	states, and foreign countries.
147	Section 2.  Paragraph (a) of subsection (19) of section
148	373.414, Florida Statutes, is amended to read:
149	373.414  Additional criteria for activities in surface
150	waters and wetlands.-
151	(19)(a)  Financial responsibility for mitigation for
152	wetlands and other surface waters required by a permit issued
153	pursuant to this part for activities associated with the
154	extraction of limestone and phosphate are subject to approval by
155	the department as part of permit application review. Financial
156	responsibility for permitted activities which will occur over a
157	period of 3 years or less of mining operations must be provided
158	to the department prior to the commencement of mining operations
159	and shall be in an amount equal to 110 percent of the estimated
160	mitigation costs for wetlands and other surface waters affected
161	under the permit. For permitted activities which will occur over
162	a period of more than 3 years of mining operations, the initial
163	financial responsibility demonstration shall be in an amount
164	equal to 110 percent of the estimated mitigation costs for
165	wetlands and other surface waters affected in the first 3 years
166	of operation under the permit; and, for each year thereafter,
167	the financial responsibility demonstration shall be updated,
168	including to provide an amount equal to 110 percent of the
169	estimated mitigation costs for the next year of operations under
170	the permit for which financial responsibility has not already
171	been demonstrated and to release portions of the financial
172	responsibility mechanisms in accordance with applicable rules.
173	Section 3.  Subsection (2) of section 378.901, Florida
174	Statutes, is amended to read:
175	378.901  Life-of-the-mine permit.-
176	(2)  As an alternative to, and in lieu of, separate
177	applications for permits required by part IV of chapter 373 and
178	part IV of this chapter, any each operator who mines or extracts
179	or proposes to mine or extract heavy minerals, limestone, or
180	fuller's earth clay may apply to the bureau for a life-of-the-
181	mine permit. Nothing in this subsection limits or restricts the
182	authority of a local government to approve, approve with
183	conditions, deny, or impose a permit duration different from the
184	duration of a permit issued pursuant to this section.
185	Section 4.  Subsections (5) through (8) of section 403.44,
186	Florida Statutes, are renumbered as subsections (3) through (6),
187	respectively, and present subsections (3) and (4) of that
188	section are amended to read:
189	403.44  Florida Climate Protection Act.-
190	(3)  A major emitter shall be required to use The Climate
191	Registry for purposes of emission registration and reporting.
192	(4)  The department shall establish the methodologies,
193	reporting periods, and reporting systems that shall be used when
194	major emitters report to The Climate Registry. The department
195	may require the use of quality-assured data from continuous
196	emissions monitoring systems.
197	Section 5.  Section 403.7032, Florida Statutes, is amended
198	to read:
199	403.7032  Recycling.-
200	(1)  The Legislature finds that the failure or inability to
201	economically recover material and energy resources from solid
202	waste results in the unnecessary waste and depletion of our
203	natural resources. As the state continues to grow, so will the
204	potential amount of discarded material that must be treated and
205	disposed of, necessitating the improvement of solid waste
206	collection and disposal. Therefore, the maximum recycling and
207	reuse of such resources are considered high-priority goals of
208	the state.
209	(2)  By the year 2020, the long-term goal for the recycling
210	efforts of state and local governmental entities, private
211	companies and organizations, and the general public is to
212	recycle at least 75 percent of the municipal solid waste that
213	would otherwise be reduce the amount of recyclable solid waste
214	disposed of in waste management facilities, landfills, or
215	incineration facilities by a statewide average of at least 75
216	percent. However, any solid waste used for the production of
217	renewable energy shall count toward the long-term recycling goal
218	as set forth in this part section.
219	(3)  All state agencies, K-12 public schools, public
220	institutions of higher learning, community colleges, and state
221	universities, all municipal, county, or other state entities
222	whose employees occupy buildings not owned by the municipality,
223	county, or state, and all entities occupying buildings that are
224	managed by the Department of Management Services must, at a
225	minimum, annually report all recycled materials to the county
226	using the department's designated reporting format. This
227	subsection does not apply to a fiscally constrained county, as
228	defined in s. 218.67(1), or to a municipality of special
229	financial concern, as defined in s. 200.185(1)(b), with a per
230	capita taxable value of assessed property that does not exceed
231	$58,000 or to any municipality with a population under 20,000
232	and a per capita taxable value of assessed property that does
233	not exceed $46,000. Private businesses, other than certified
234	recovered materials dealers, that recycle paper, metals, glass,
235	plastics, textiles, rubber materials, and mulch are encouraged
236	to annually report the amount of materials they recycle to the
237	county beginning January 1, 2011, using the department's
238	designated reporting format. Using the information provided, the
239	department shall recognize those private businesses that
240	demonstrate outstanding recycling efforts. Notwithstanding any
241	other provision of state or local law, private businesses, other
242	than certified recovered materials dealers, are not required to
243	report recycling rates.
244	(4)(3)  The Department of Environmental Protection shall
245	develop a comprehensive recycling program that is designed to
246	achieve the percentage under subsection (2) and submit the
247	program to the President of the Senate and the Speaker of the
248	House of Representatives by January 1, 2010. The program may not
249	be implemented until approved by the Legislature. The program
250	must be developed in coordination with input from state and
251	local entities, private businesses, and the public. Under the
252	program, recyclable materials shall include, but are not limited
253	to, metals, paper, glass, plastic, textile, rubber materials,
254	and mulch. Components of the program shall include, but are not
255	limited to:
256	(a)  Programs to identify environmentally preferable
257	purchasing practices to encourage the purchase of recycled,
258	durable, and less toxic goods. The Department of Management
259	Services shall modify its procurement system to report on green
260	and recycled products purchased through the system by September
261	30, 2011.
262	(b)  Programs to educate students in grades K-12 in the
263	benefits of, and proper techniques for, recycling.
264	(c)  Programs for statewide recognition of successful
265	recycling efforts by schools, businesses, public groups, and
266	private citizens.
267	(d)  Programs for municipalities and counties to develop
268	and implement efficient recycling efforts to return valuable
269	materials to productive use, conserve energy, and protect
270	natural resources.
271	(e)  Programs by which the department can provide technical
272	assistance to municipalities and counties in support of their
273	recycling efforts.
274	(f)  Programs to educate and train the public in proper
275	recycling efforts.
276	(g)  Evaluation of how financial assistance can best be
277	provided to municipalities and counties in support of their
278	recycling efforts.
279	(h)  Evaluation of why existing waste management and
280	recycling programs in the state have not been better used.
281	(5)  The Department of Environmental Protection shall
282	create the Recycling Business Assistance Center by December 1,
283	2010. In carrying out its duties under this subsection, the
284	department shall consult with state agency personnel appointed
285	to serve as economic development liaisons under s. 288.021 and
286	seek technical assistance from Enterprise Florida, Inc., to
287	ensure the Recycling Business Assistance Center is positioned to
288	succeed. The purpose of the center shall be to serve as the
289	mechanism for coordination among state agencies and the private
290	sector in order to coordinate policy and overall strategic
291	planning for developing new markets and expanding and enhancing
292	existing markets for recyclable materials in this state, other
293	states, and foreign countries. The duties of the center must
294	include, at a minimum:
295	(a)  Identifying and developing new markets and expanding
296	and enhancing existing markets for recyclable materials.
297	(b)  Pursuing expanded end uses for recycled materials.
298	(c)  Targeting materials for concentrated market-
299	development efforts.
300	(d)  Developing proposals for new incentives for market
301	development, particularly focusing on targeted materials.
302	(e)  Providing guidance on issues such as permitting,
303	finance options for recycling market development, site location,
304	research and development, grant program criteria for recycled
305	materials markets, recycling markets education and information,
306	and minimum content.
307	(f)  Coordinating the efforts of various governmental
308	entities having market-development responsibilities in order to
309	optimize supply and demand for recyclable materials.
310	(g)  Evaluating source-reduced products as they relate to
311	state procurement policy. The evaluation shall include, but is
312	not limited to, the environmental and economic impact of source-
313	reduced product purchases to the state. For the purposes of this
314	paragraph, the term "source-reduced" means any method, process,
315	product, or technology that significantly or substantially
316	reduces the volume or weight of a product while providing, at a
317	minimum, equivalent or generally similar performance and service
318	to and for the users of such materials.
319	(h)  Providing evaluation of solid waste management grants,
320	pursuant to s. 403.7095, to reduce the flow of solid waste to
321	disposal facilities and encourage the sustainable recovery of
322	materials from Florida's waste stream.
323	(i)  Providing below-market financing for companies that
324	manufacture products from recycled materials or convert
325	recyclable materials into raw materials for use in manufacturing
326	pursuant to the Florida Recycling Loan Program as administered
327	by the Florida First Capital Finance Corporation.
328	(j)  Maintaining a continuously updated online directory
329	listing the public and private entities that collect, transport,
330	broker, process, or remanufacture recyclable materials in the
331	state.
332	(k)  Providing information on the availability and benefits
333	of using recycled materials to private entities and industries
334	in the state.
335	(l)  Distributing any materials prepared in implementing
336	this subsection to the public, private entities, industries,
337	governmental entities, or other organizations upon request.
338	(m)  Coordinating with the Agency for Workforce Innovation
339	and its partners to provide job-placement and job-training
340	services to job seekers through the state's workforce services
341	programs.
342	Section 6.  Subsection (1) of section 403.7046, Florida
343	Statutes, is amended to read:
344	403.7046  Regulation of recovered materials.-
345	(1)  Any person who handles, purchases, receives, recovers,
346	sells, or is an end user of recovered materials shall annually
347	certify to the department on forms provided by the department.
348	The department may by rule exempt from this requirement
349	generators of recovered materials; persons who handle or sell
350	recovered materials as an activity which is incidental to the
351	normal primary business activities of that person; or persons
352	who handle, purchase, receive, recover, sell, or are end users
353	of recovered materials in small quantities as defined by the
354	department. The department shall adopt rules for the
355	certification of and reporting by such persons and shall
356	establish criteria for revocation of such certification. Prior
357	to the adoption of such rules, the department shall appoint a
358	technical advisory committee of no more than nine persons,
359	including, at a minimum, representatives of the Florida
360	Association of Counties, the Florida League of Cities, the
361	Florida Recyclers Association, and the Florida Chapter of the
362	National Solid Waste Management Association, to aid in the
363	development of such rules. Such rules shall be designed to
364	elicit, at a minimum, the amount and types of recovered
365	materials handled by registrants, and the amount and disposal
366	site, or name of person with whom such disposal was arranged, of
367	any solid waste generated by such facility. By February 1 of
368	each year, registrants shall report all required information to
369	the department and to all counties from which it received
370	materials. Such rules may provide for the department to conduct
371	periodic inspections. The department may charge a fee of up to
372	$50 for each registration, which shall be deposited into the
373	Solid Waste Management Trust Fund for implementation of the
374	program.
375	Section 7.  Subsection (5) of section 403.7049, Florida
376	Statutes, is amended to read:
377	403.7049  Determination of full cost for solid waste
378	management; local solid waste management fees.-
379	(5)  In order to assist in achieving the municipal solid
380	waste reduction goal and the recycling provisions of s.
381	403.706(2) s. 403.706(4), a county or a municipality which owns
382	or operates a solid waste management facility is hereby
383	authorized to charge solid waste disposal fees which may vary
384	based on a number of factors, including, but not limited to, the
385	amount, characteristics, and form of recyclable materials
386	present in the solid waste that is brought to the county's or
387	the municipality's facility for processing or disposal.
388	Section 8.  Paragraph (c) of subsection (2) and subsection
389	(3) of section 403.705, Florida Statutes, are amended, and
390	subsection (4) is added to that section, to read:
391	403.705  State solid waste management program.-
392	(2)  The state solid waste management program shall
393	include, at a minimum:
394	(c)  Planning guidelines and technical assistance to
395	counties and municipalities to aid in meeting the municipal
396	solid waste recycling reduction goals established in s.
397	403.706(2) s. 403.706(4).
398	(3)  The department shall periodically seek information
399	from counties to evaluate and report biennially to the President
400	of the Senate and the Speaker of the House of Representatives on
401	the state's success in meeting the solid waste recycling
402	reduction goal as described in s. 403.706(2).
403	(4)  The department shall adopt rules creating a voluntary
404	certification program for materials recovery facilities. The
405	certification criteria shall be based upon the amount and type
406	of materials recycled and the compliance record of the facility
407	and may vary depending on the location in the state and the
408	available markets for the materials that are processed. Any
409	materials recovery facility seeking certification shall file an
410	application to modify its permit, or shall include a
411	certification application as part of its original permit
412	application, which application shall not require an additional
413	fee. The department shall adopt a form for certification
414	applications, and shall require at least annual reports to
415	verify the continued qualification for certification. In order
416	to assist in the development of the certification program, the
417	department shall appoint a technical advisory committee.
418	Section 9.  Subsections (2), (4), (6), (7), and (21) of
419	section 403.706, Florida Statutes, are amended to read:
420	403.706  Local government solid waste responsibilities.-
421	(2)(a)  Each county shall implement a recyclable materials
422	recycling program that shall have a goal of recycling recyclable
423	solid waste by 40 percent by December 31, 2012, 50 percent by
424	December 31, 2014, 60 percent by December 31, 2016, 70 percent
425	by December 31, 2018, and 75 percent by December 31, 2020.
426	Counties and municipalities are encouraged to form cooperative
427	arrangements for implementing recycling programs.
428	(b)  In order to assist counties in attaining the goals set
429	forth in paragraph (a), the Legislature finds that the recycling
430	of construction and demolition debris fulfills an important
431	state interest. Therefore, each county must implement a program
432	for recycling construction and demolition debris.
433	(c)  In accordance with applicable local government
434	ordinances, newly developed property receiving a certificate of
435	occupancy, or its equivalent, on or after July 1, 2012, that is
436	used for multifamily residential or commercial purposes, must
437	provide adequate space and an adequate receptacle for recycling
438	by tenants and owners of the property. This provision is limited
439	to counties and municipalities that have an established
440	residential, including multifamily, or commercial recycling
441	program that provides recycling receptacles to residences and
442	businesses and regular pick-up services for those receptacles.
443	(d)  If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
444	the county, as determined by the department in accordance with
445	applicable rules, has not reached the recycling goals as set
446	forth in paragraph (a), the department may direct the county to
447	develop a plan to expand recycling programs to existing
448	commercial and multifamily dwellings, including, but not limited
449	to, apartment complexes.
450	(e)  If the state's recycling rate for the 2013 calendar
451	year is below 40 percent, below 50 percent by January 1, 2015,
452	below 60 percent by January 1, 2017, below 70 percent by January
453	1, 2019, or below 75 percent by January 1, 2021, the department
454	shall provide a report to the President of the Senate and the
455	Speaker of the House of Representatives. The report shall
456	identify those additional programs or statutory changes needed
457	to achieve the goals set forth in paragraph (a). The report
458	shall be provided no later than 30 days prior to the beginning
459	of the Regular Session of the Legislature. The department is not
460	required to provide a report to the Legislature if the state
461	reaches its recycling goals as described in this paragraph.
462	(f)(b)  Such programs shall be designed to recover a
463	significant portion of at least four of the following materials
464	from the solid waste stream prior to final disposal at a solid
465	waste disposal facility and to offer these materials for
466	recycling: newspaper, aluminum cans, steel cans, glass, plastic
467	bottles, cardboard, office paper, and yard trash. Local
468	governments which operate permitted waste-to-energy facilities
469	may retrieve ferrous and nonferrous metal as a byproduct of
470	combustion.
471	(g)(c)  Local governments are encouraged to separate all
472	plastics, metal, and all grades of paper for recycling prior to
473	final disposal and are further encouraged to recycle yard trash
474	and other mechanically treated solid waste into compost
475	available for agricultural and other acceptable uses.
476	(h)  The department shall adopt rules establishing the
477	method and criteria to be used by a county in calculating the
478	recycling rates pursuant to this subsection.
479	(d)  By July 1, 2010, each county shall develop and
480	implement a plan to achieve a goal to compost organic materials
481	that would otherwise be disposed of in a landfill. The goal
482	shall provide that up to 10 percent and no less than 5 percent
483	of organic material would be composted within the county and the
484	municipalities within its boundaries. The department may reduce
485	or modify the compost goal if the county demonstrates to the
486	department that achievement of the goal would be impractical
487	given the county's unique demographic, urban density, or
488	inability to separate normally compostable material from the
489	solid waste stream. The composting plan is encouraged to address
490	partnership with the private sector.
491	(i)(e)  Each county is encouraged to consider plans for
492	composting or mulching organic materials that would otherwise be
493	disposed of in a landfill. The composting or mulching plans are
494	encouraged to address partnership with the private sector.
495	(4)(a)  In order to promote the production of renewable
496	energy from solid waste, each megawatt-hour produced by a
497	renewable energy facility using solid waste as a fuel shall
498	count as 1 ton of recycled material and shall be applied toward
499	meeting the recycling goals set forth in this section. If a
500	county creating renewable energy from solid waste implements and
501	maintains a program to recycle at least 50 percent of municipal
502	solid waste by a means other than creating renewable energy,
503	that county shall count 2 tons of recycled material for each
504	megawatt-hour produced. If waste originates from a county other
505	than the county in which the renewable energy facility resides,
506	the originating county shall receive such recycling credit. Any
507	county that has a debt service payment related to its waste-to-
508	energy facility shall receive 1 ton of recycled materials credit
509	for each ton of solid waste processed at the facility. Any
510	byproduct resulting from the creation of renewable energy does
511	not count as waste. A county's solid waste management and
512	recycling programs shall be designed to provide for sufficient
513	reduction of the amount of solid waste generated within the
514	county and the municipalities within its boundaries in order to
515	meet goals for the reduction of municipal solid waste prior to
516	the final disposal or the incineration of such waste at a solid
517	waste disposal facility. The goals shall provide, at a minimum,
518	that the amount of municipal solid waste that would be disposed
519	of within the county and the municipalities within its
520	boundaries is reduced by at least 30 percent.
521	(b)  A county may receive credit for one-half of the
522	recycling goal set forth in subsection (2) for waste reduction
523	from the use of yard trash, or other clean wood waste or paper
524	waste, in innovative programs including, but not limited to,
525	programs that produce alternative clean-burning fuels such as
526	ethanol or that provide for the conversion of yard trash or
527	other clean wood waste or paper waste to clean-burning fuel for
528	the production of energy for use at facilities other than a
529	waste-to-energy facility as defined in s. 403.7061. The
530	provisions of this paragraph apply only if a county can
531	demonstrate that:
532	1.  The county has implemented a yard trash mulching or
533	composting program, and
534	2.  As part of the program, compost and mulch made from
535	yard trash is available to the general public and in use at
536	county-owned or maintained and municipally owned or maintained
537	facilities in the county and state agencies operating in the
538	county as required by this section.
539	(c)  A county with a population of 100,000 or less or a
540	municipality with a population of 50,000 or less may provide its
541	residents with the opportunity to recycle in lieu of achieving
542	the goal set forth in this section paragraph (a). For the
543	purposes of this section subsection, the "opportunity to
544	recycle" means that the county:
545	1.a.  Provides a system for separating and collecting
546	recyclable materials prior to disposal that is located at a
547	solid waste management facility or solid waste disposal area; or
548	b.  Provides a system of places within the county for
549	collection of source-separated recyclable materials.
550	2.  Provides a public education and promotion program that
551	is conducted to inform its residents of the opportunity to
552	recycle, encourages source separation of recyclable materials,
553	and promotes the benefits of reducing, reusing, recycling, and
554	composting materials.
555	(6)  The department may reduce or modify the municipal
556	solid waste recycling reduction goal that a county is required
557	to achieve pursuant to subsection (2) (4) if the county
558	demonstrates to the department that:
559	(a)  The achievement of the goal set forth in subsection
560	(2) (4) would have an adverse effect on the financial
561	obligations of a county that are directly related to a waste-to-
562	energy facility owned or operated by or on behalf of the county;
563	and
564	(b)  The county cannot remove normally combustible
565	materials from solid waste that is to be processed at a waste-
566	to-energy facility because of the need to maintain a sufficient
567	amount of solid waste to ensure the financial viability of the
568	facility.
569
570	The goal shall not be waived entirely and may only be reduced or
571	modified to the extent necessary to alleviate the adverse
572	effects of achieving the goal on the financial viability of a
573	county's waste-to-energy facility. Nothing in this subsection
574	shall exempt a county from developing and implementing a
575	recycling program pursuant to this act.
576	(7)  In order to assess the progress in meeting the goal
577	set forth established in subsection (2) (4), each county shall,
578	by April 1 November each year, provide information to the
579	department regarding its annual solid waste management program
580	and recycling activities.
581	(a)  The information submitted to the department by the
582	county must, at a minimum, include:
583	1.(a)  The amount of municipal solid waste disposed of at
584	solid waste disposal facilities, by type of waste such as yard
585	trash, white goods, clean debris, tires, and unseparated solid
586	waste;
587	2.(b)  The amount and type of materials from the municipal
588	solid waste stream that were recycled; and
589	3.(c)  The percentage of the population participating in
590	various types of recycling activities instituted.
591	(b)  Beginning with the data for the 2012 calendar year,
592	the department shall by July 1 each year post on its website the
593	recycling rates of each county for the prior calendar year.
594	(21)  Local governments are authorized to enact ordinances
595	that require and direct all residential properties, multifamily
596	dwellings, and apartment complexes and industrial, commercial,
597	and institutional establishments as defined by the local
598	government to establish programs for the separation of
599	recyclable materials designated by the local government, which
600	recyclable materials are specifically intended for purposes of
601	recycling and for which a market exists, and to provide for
602	their collection. Such ordinances may include, but are not
603	limited to, provisions that prohibit any person from knowingly
604	disposing of recyclable materials designated by the local
605	government and that ensure the collection of recovered materials
606	as necessary to protect public health and safety.
607	Section 10.  Paragraphs (d) through (i) of subsection (3)
608	of section 403.7061, Florida Statutes, are redesignated as
609	paragraphs (c) through (h), respectively, and present paragraph
610	(c) of that subsection is amended to read:
611	403.7061  Requirements for review of new waste-to-energy
612	facility capacity by the Department of Environmental
613	Protection.-
614	(3)  An applicant must provide reasonable assurance that
615	the construction of a new waste-to-energy facility or the
616	expansion of an existing waste-to-energy facility will comply
617	with the following criteria:
618	(c)  The county in which the facility is located has
619	implemented and maintains a solid waste management and recycling
620	program that is designed to achieve the waste reduction goal set
621	forth in s. 403.706(4). For the purposes of this section, the
622	provisions of s. 403.706(4)(c) for counties having populations
623	of 100,000 or fewer do not apply.
624	Section 11.  Subsection (9) of section 403.707, Florida
625	Statutes, is amended to read:
626	403.707  Permits.-
627	(9)  The department shall establish a separate category for
628	solid waste management facilities that accept only construction
629	and demolition debris for disposal or recycling. The department
630	shall establish a reasonable schedule for existing facilities to
631	comply with this section to avoid undue hardship to such
632	facilities. However, a permitted solid waste disposal unit that
633	receives a significant amount of waste prior to the compliance
634	deadline established in this schedule shall not be required to
635	be retrofitted with liners or leachate control systems.
636	(a)  The department shall establish reasonable
637	construction, operation, monitoring, recordkeeping, financial
638	assurance, and closure requirements for such facilities. The
639	department shall take into account the nature of the waste
640	accepted at various facilities when establishing these
641	requirements, and may impose less stringent requirements,
642	including a system of general permits or registration
643	requirements, for facilities that accept only a segregated waste
644	stream which is expected to pose a minimal risk to the
645	environment and public health, such as clean debris. The
646	Legislature recognizes that incidental amounts of other types of
647	solid waste are commonly generated at construction or demolition
648	projects. In any enforcement action taken pursuant to this
649	section, the department shall consider the difficulty of
650	removing these incidental amounts from the waste stream.
651	(b)  The department shall not require liners and leachate
652	collection systems at individual disposal units and lateral
653	expansions of existing disposal units that have not received a
654	department permit authorizing construction or operation before
655	July 1, 2010 facilities unless it demonstrates, based upon the
656	types of waste received, the methods for controlling types of
657	waste disposed of, the proximity of groundwater and surface
658	water, and the results of the hydrogeological and geotechnical
659	investigations, that the facility is reasonably expected to
660	result in violations of groundwater standards and criteria
661	otherwise.
662	(c)  The owner or operator shall provide financial
663	assurance for closing of the facility in accordance with the
664	requirements of s. 403.7125. The financial assurance shall cover
665	the cost of closing the facility and 5 years of long-term care
666	after closing, unless the department determines, based upon
667	hydrogeologic conditions, the types of wastes received, or the
668	groundwater monitoring results, that a different long-term care
669	period is appropriate. However, unless the owner or operator of
670	the facility is a local government, the escrow account described
671	in s. 403.7125(2) may not be used as a financial assurance
672	mechanism.
673	(d)  The department shall establish training requirements
674	for operators of facilities, and shall work with the State
675	University System or other providers to assure that adequate
676	training courses are available. The department shall also assist
677	the Florida Home Builders Association in establishing a
678	component of its continuing education program to address proper
679	handling of construction and demolition debris, including best
680	management practices for reducing contamination of the
681	construction and demolition debris waste stream.
682	(e)  The issuance of a permit under this subsection does
683	not obviate the need to comply with all applicable zoning and
684	land use regulations.
685	(f)  A permit is not required under this section for the
686	disposal of construction and demolition debris on the property
687	where it is generated, but such property must be covered,
688	graded, and vegetated as necessary when disposal is complete.
689	(g)  By January 1, 2012, the amount of construction and
690	demolition debris processed and recycled prior to disposal at a
691	permitted materials recovery facility or at any other permitted
692	disposal facility shall be reported by the county of origin to
693	the department and to the county on an annual basis in
694	accordance with rules adopted by the department. The rules shall
695	establish criteria to ensure accurate and consistent reporting
696	for purposes of determining the recycling rate in s. 403.706
697	and shall also require that, to the extent economically
698	feasible, all construction and demolition debris must be
699	processed prior to disposal, either at a permitted materials
700	recovery facility or at a permitted disposal facility. This
701	paragraph does not apply to recovered materials, any materials
702	that have been source separated and offered for recycling, or
703	materials that have been previously processed. It is the policy
704	of the Legislature to encourage facilities to recycle. The
705	department shall establish criteria and guidelines that
706	encourage recycling where practical and provide for the use of
707	recycled materials in a manner that protects the public health
708	and the environment. Facilities are authorized to recycle,
709	provided such activities do not conflict with such criteria and
710	guidelines.
711	(h)  The department shall ensure that the requirements of
712	this section are applied and interpreted consistently throughout
713	the state. In accordance with s. 20.255, the Division of Waste
714	Management shall direct the district offices and bureaus on
715	matters relating to the interpretation and applicability of this
716	section.
717	(i)  The department shall provide notice of receipt of a
718	permit application for the initial construction of a
719	construction and demolition debris disposal facility to the
720	local governments having jurisdiction where the facility is to
721	be located.
722	(j)  The Legislature recognizes that recycling, waste
723	reduction, and resource recovery are important aspects of an
724	integrated solid waste management program and as such are
725	necessary to protect the public health and the environment. If
726	necessary to promote such an integrated program, the county may
727	determine, after providing notice and an opportunity for a
728	hearing prior to April 30, 2008, that some or all of the
729	material described in s. 403.703(6)(b) shall be excluded from
730	the definition of "construction and demolition debris" in s.
731	403.703(6) within the jurisdiction of such county. The county
732	may make such a determination only if it finds that, prior to
733	June 1, 2007, the county has established an adequate method for
734	the use or recycling of such wood material at an existing or
735	proposed solid waste management facility that is permitted or
736	authorized by the department on June 1, 2007. The county is not
737	required to hold a hearing if the county represents that it
738	previously has held a hearing for such purpose, or if the county
739	represents that it previously has held a public meeting or
740	hearing that authorized such method for the use or recycling of
741	trash or other nonputrescible waste materials and that such
742	materials include those materials described in s. 403.703(6)(b).
743	The county shall provide written notice of its determination to
744	the department by no later than April 30, 2008; thereafter, the
745	materials described in s. 403.703(6) shall be excluded from the
746	definition of "construction and demolition debris" in s.
747	403.703(6) within the jurisdiction of such county. The county
748	may withdraw or revoke its determination at any time by
749	providing written notice to the department.
750	(k)  Brazilian pepper and other invasive exotic plant
751	species as designated by the department resulting from
752	eradication projects may be processed at permitted construction
753	and demolition debris recycling facilities or disposed of at
754	permitted construction and demolition debris disposal facilities
755	or Class III facilities. The department may adopt rules to
756	implement this paragraph.
757	Section 12.  Paragraph (c) of subsection (12) of section
758	403.708, Florida Statutes, is amended to read:
759	403.708  Prohibition; penalty.-
760	(12)  A person who knows or should know of the nature of
761	the following types of solid waste may not dispose of such solid
762	waste in landfills:
763	(c)  Yard trash in lined landfills classified by department
764	rule as Class I landfills, unless the Class I landfill uses an
765	active gas-collection system to collect landfill gas generated
766	at the disposal facility and provides or arranges for a
767	beneficial use of the gas. A Class I landfill may also accept
768	yard trash for the purpose of mulching and utilizing such yard
769	trash to provide landfill cover for municipal solid waste
770	disposed at the landfill. The department, by rule, shall develop
771	and adopt a methodology to award recycling credit for the use of
772	yard trash at a Class I landfill with a gas-collection system
773	that makes beneficial use of the collected landfill gas. A
774	qualifying permitted Class I landfill shall obtain a minor
775	permit modification to its operating permit which describes the
776	beneficial use being made of the landfill gas and modifies the
777	facility's operation plan before receiving yard trash as
778	authorized under this paragraph. The permittee must certify that
779	gas collection and beneficial use will continue after closure of
780	the disposal facility that is accepting yard trash. If the
781	landfill is located in a county that owns and operates a compost
782	facility, waste-to-energy facility, or biomass facility that
783	sells renewable energy to a public utility and that is
784	authorized to accept yard trash, the department shall provide to
785	the county notice of, and opportunity to comment on, the
786	application for permit modification. Yard trash that is source
787	separated from solid waste may be accepted at a solid waste
788	disposal area where separate yard trash composting facilities
789	are provided and maintained. The department recognizes that
790	incidental amounts of yard trash may be disposed of in Class I
791	landfills. In any enforcement action taken pursuant to this
792	paragraph, the department shall consider the difficulty of
793	removing incidental amounts of yard trash from a mixed solid
794	waste stream. This limited exception applies to all units of
795	local government, including, but not limited to, municipalities,
796	counties, and special districts. However, this limited exception
797	does not apply to any county that currently operates under a
798	constitutional home rule charter previously authorized in 1956
799	by the voters of Florida in a statewide referendum. This limited
800	exception to the ban on disposing of yard trash in a Class I
801	landfill is not intended to have a material impact on current
802	operations at existing waste-to-energy or biomass facilities.
803	Section 13.  Paragraph (e) of subsection (1) of section
804	403.709, Florida Statutes, is amended to read:
805	403.709  Solid Waste Management Trust Fund; use of waste
806	tire fees.-There is created the Solid Waste Management Trust
807	Fund, to be administered by the department.
808	(1)  From the annual revenues deposited in the trust fund,
809	unless otherwise specified in the General Appropriations Act:
810	(e)  A minimum of 40 percent shall be used for funding a
811	solid waste management competitive and innovative grant program
812	pursuant to s. 403.7095 for activities relating to recycling and
813	waste reduction, including waste tires requiring final disposal.
814	Section 14.  Section 403.7095, Florida Statutes, is amended
815	to read:
816	403.7095  Solid waste management grant program.-
817	(1)  The department shall develop a competitive and
818	innovative grant program for counties, municipalities, special
819	districts, and nonprofit organizations that have legal
820	responsibility for the provision of solid waste management
821	services. For purposes of this program, "innovative" means that
822	the process, technology, or activity for which funding is sought
823	has not previously been implemented within the jurisdiction of
824	the applicant. The applicant must:
825	(a)  Demonstrate technologies or processes that represent a
826	novel application of an existing technology or process to
827	recycle or reduce waste, or that overcome obstacles to recycling
828	or waste reduction in new or innovative ways;
829	(b)  Demonstrate innovative processes to collect and
830	recycle or reduce materials targeted by the department and the
831	recycling industry; or
832	(c)  Demonstrate effective solutions to solving solid waste
833	problems resulting from waste tires, particularly in the areas
834	of enforcement and abatement of illegal tire dumping and
835	activities to promote market development of waste tire products.
836
837	Because the Legislature recognizes that input from the recycling
838	industry is essential to the success of this grant program, the
839	department shall cooperate with private sector entities to
840	develop a process and define specific criteria for allowing
841	their participation with grant recipients.
842	(2)  The department shall evaluate and prioritize the
843	annual grant proposals and present the annual prioritized list
844	of projects to be funded to the Governor and the Legislature as
845	part of its annual budget request submitted pursuant to chapter
846	216. Potential grant recipients are encouraged to demonstrate
847	local support for grant proposals by the commitment of cash or
848	in-kind matching funds.
849	(1)(3)  The department shall develop a consolidated grant
850	program for small counties having populations fewer than
851	100,000, with grants to be distributed equally among eligible
852	counties. Programs to be supported with the small-county
853	consolidated grants include general solid waste management,
854	litter prevention and control, and recycling and education
855	programs.
856	(2)(4)  The department shall develop a waste tire grant
857	program making grants available to all counties. The department
858	shall ensure that at least 25 percent of the funding available
859	for waste tire grants is distributed equally to each county
860	having a population fewer than 100,000. Of the remaining funds
861	distributed to counties having a population of 100,000 or
862	greater, the department shall distribute those funds on the
863	basis of population.
864	(3)(5)  From the funds made available pursuant to s.
865	403.709(1)(e) for the grant program created by this section, the
866	following distributions shall be made:
867	(a)  Up to 15 percent for the program described in
868	subsection (1);
869	(a)(b)  Up to 50 35 percent for the program described in
870	subsection (1) (3); and
871	(b)(c)  Up to 50 percent for the program described in
872	subsection (2) (4).
873	(4)(6)  The department may adopt rules necessary to
874	administer this section, including, but not limited to, rules
875	governing timeframes for submitting grant applications, criteria
876	for prioritizing, matching criteria, maximum grant amounts, and
877	allocation of appropriated funds based upon project and
878	applicant size.
879	(7)  Notwithstanding any provision of this section to the
880	contrary, and for the 2009-2010 fiscal year only, the Department
881	of Environmental Protection shall award the sum of $2,600,000 in
882	grants equally to counties having populations of fewer than
883	100,000 for waste tire and litter prevention, recycling
884	education, and general solid waste programs. This subsection
885	expires July 1, 2010.
886	(8)(a)  Notwithstanding any provision of this section to
887	the contrary, and for the 2008-2009 fiscal year only, the
888	Department of Environmental Protection shall award:
889	1.  The sum of $9,428,773 in grants equally to counties
890	having populations of fewer than 100,000 for waste tire and
891	litter prevention, recycling education, and general solid waste
892	programs.
893	2.  The sum of $2,000,781 to be used for the Innovative
894	Grant Program.
895	(b)  This subsection expires July 1, 2009.
896	Section 15.  Subsection (1) of section 403.7145, Florida
897	Statutes, is amended, and subsection (3) is added to that
898	section, to read:
899	403.7145  Recycling.-
900	(1)  The Capitol and the House and Senate office buildings
901	constitute the Capitol recycling area. The Florida House of
902	Representatives, the Florida Senate, and the Office of the
903	Governor, the Secretary of State, and each Cabinet officer who
904	heads a department that occupies office space in the Capitol,
905	shall institute a recycling program for their respective offices
906	in the House and Senate office buildings and the Capitol.
907	Provisions shall be made to collect and sell wastepaper and
908	empty aluminum beverage containers cans generated by employee
909	activities in these offices. The collection and sale of such
910	materials shall be reported to Leon County using the
911	department's designated reporting format and coordinated with
912	Department of Management Services recycling activities to
913	maximize the efficiency and economy of this program. The
914	Governor, the Speaker of the House of Representatives, the
915	President of the Senate, the Secretary of State, and the Cabinet
916	officers may authorize the use of proceeds from recyclable
917	material sales for employee benefits and other purposes, in
918	order to provide incentives to their respective employees for
919	participation in the recycling program. Such proceeds may also
920	be used to offset any costs of the recycling program. As a
921	demonstration of leading by example, the Capitol Building's
922	recycling rates shall be posted on the website of the Department
923	of Management Services and shall include the details of the
924	recycling rates for each Department of Management Services pool
925	facility. The Department of Environmental Protection shall post
926	recycling rates of each state-owned facility reported to the
927	Department of Management Services.
928	(3)  Prior to awarding any grants pursuant to s. 403.7095,
929	the department shall develop and contract for an innovative
930	recycling pilot project for the Capitol recycling area. The
931	project shall be designed to collect recyclable materials and
932	create a more sustainable recycling system. Components of the
933	project shall be designed to increase convenience, incentivize
934	and measure participation, reduce material volume, and assist in
935	achieving the recycling goals enumerated in s. 403.706.
936	Section 16.  Paragraph (m) is added to subsection (1) of
937	section 553.77, Florida Statutes, to read:
938	553.77  Specific powers of the commission.-
939	(1)  The commission shall:
940	(m)  Develop recommendations that increase residential and
941	commercial recycling and composting and strongly encourage the
942	use of recyclable materials and the recycling of construction
943	and demolition debris.
944	Section 17.  Subsections (1), (2), and (3) of section
945	220.1845, Florida Statutes, are renumbered as subsections (2),
946	(3), and (4), respectively, and a new subsection (1) is added to
947	that section to read:
948	220.1845  Contaminated site rehabilitation tax credit.-
949	(1)  APPLICATION FOR TAX CREDIT.-A site rehabilitation
950	application must be received by the Division of Waste Management
951	of the Department of Environmental Protection by January 31 of
952	the year after the calendar year for which site rehabilitation
953	costs are being claimed in a tax credit application. All site
954	rehabilitation costs claimed must have been for work conducted
955	between January 1 and December 31 of the year for which the
956	application is being submitted. All payment requests must have
957	been received and all costs must have been paid prior to
958	submittal of the tax credit application, but no later than
959	January 31 of the year after the calendar year for which site
960	rehabilitation costs are being claimed.
961	Section 18.  Paragraph (a) of subsection (5), paragraph (c)
962	of subsection (6), and subsections (9) and (10) of section
963	376.30781, Florida Statutes, are amended to read:
964	376.30781  Tax credits for rehabilitation of drycleaning-
965	solvent-contaminated sites and brownfield sites in designated
966	brownfield areas; application process; rulemaking authority;
967	revocation authority.-
968	(5)  To claim the credit for site rehabilitation or solid
969	waste removal, each tax credit applicant must apply to the
970	Department of Environmental Protection for an allocation of the
971	$2 million annual credit by filing a tax credit application with
972	the Division of Waste Management on a form developed by the
973	Department of Environmental Protection in cooperation with the
974	Department of Revenue. The form shall include an affidavit from
975	each tax credit applicant certifying that all information
976	contained in the application, including all records of costs
977	incurred and claimed in the tax credit application, are true and
978	correct. If the application is submitted pursuant to
979	subparagraph (3)(a)2., the form must include an affidavit signed
980	by the real property owner stating that it is not, and has never
981	been, the owner or operator of the drycleaning facility where
982	the contamination exists. Approval of tax credits must be
983	accomplished on a first-come, first-served basis based upon the
984	date and time complete applications are received by the Division
985	of Waste Management, subject to the limitations of subsection
986	(14). To be eligible for a tax credit, the tax credit applicant
987	must:
988	(a)  For site rehabilitation tax credits, have entered into
989	a voluntary cleanup agreement with the Department of
990	Environmental Protection for a drycleaning-solvent-contaminated
991	site or a Brownfield Site Rehabilitation Agreement, as
992	applicable, and have paid all deductibles pursuant to s.
993	376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
994	sites, as applicable. A site rehabilitation tax credit applicant
995	must submit only a single completed application per site for
996	each calendar year's site rehabilitation costs. A site
997	rehabilitation application must be received by the Division of
998	Waste Management of the Department of Environmental Protection
999	by January 31 of the year after the calendar year for which site
1000	rehabilitation costs are being claimed in a tax credit
1001	application. All site rehabilitation costs claimed must have
1002	been for work conducted between January 1 and December 31 of the
1003	year for which the application is being submitted. All payment
1004	requests must have been received and all costs must have been
1005	paid prior to submittal of the tax credit application, but no
1006	later than January 31 of the year after the calendar year for
1007	which site rehabilitation costs are being claimed.
1008	(6)  To obtain the tax credit certificate, the tax credit
1009	applicant must provide all pertinent information requested on
1010	the tax credit application form, including, at a minimum, the
1011	name and address of the tax credit applicant and the address and
1012	tracking identification number of the eligible site. Along with
1013	the tax credit application form, the tax credit applicant must
1014	submit the following:
1015	(c)  Proof that the documentation submitted pursuant to
1016	paragraph (b) has been reviewed and verified by an independent
1017	certified public accountant in accordance with standards
1018	established by the American Institute of Certified Public
1019	Accountants. Specifically, a certified public accountant's
1020	report must be submitted and the certified public accountant
1021	must attest to the accuracy and validity of the costs claimed
1022	incurred and paid during the time period covered in the
1023	application by conducting an independent review of the data
1024	presented by the tax credit applicant. Accuracy and validity of
1025	costs incurred and paid shall be determined after the level of
1026	effort is certified by an appropriate professional registered in
1027	this state in each contributing technical discipline. The
1028	certified public accountant's report must also attest that the
1029	costs included in the application form are not duplicated within
1030	the application, that all payment requests were received and all
1031	costs were paid prior to submittal of the tax credit
1032	application, and, for site rehabilitation tax credits, that all
1033	costs claimed are for work conducted between January 1 and
1034	December 31 of the year for which the application is being
1035	submitted. A copy of the accountant's report shall be submitted
1036	to the Department of Environmental Protection in addition to the
1037	accountant's certification form in the tax credit application;
1038	and
1039	(9)  On or before May 1, the Department of Environmental
1040	Protection shall inform each tax credit applicant that is
1041	subject to the January 31 annual application deadline of the
1042	applicant's eligibility status and the amount of any tax credit
1043	due. The department shall provide each eligible tax credit
1044	applicant with a tax credit certificate that must be submitted
1045	with its tax return to the Department of Revenue to claim the
1046	tax credit or be transferred pursuant to s. 220.1845(2)(g) s.
1047	220.1845(1)(g). The May 1 deadline for annual site
1048	rehabilitation tax credit certificate awards shall not apply to
1049	any tax credit application for which the department has issued a
1050	notice of deficiency pursuant to subsection (8). The department
1051	shall respond within 90 days after receiving a response from the
1052	tax credit applicant to such a notice of deficiency. Credits may
1053	not result in the payment of refunds if total credits exceed the
1054	amount of tax owed.
1055	(10)  For solid waste removal, new health care facility or
1056	health care provider, and affordable housing tax credit
1057	applications, the Department of Environmental Protection shall
1058	inform the applicant of the department's determination within 90
1059	days after the application is deemed complete. Each eligible tax
1060	credit applicant shall be informed of the amount of its tax
1061	credit and provided with a tax credit certificate that must be
1062	submitted with its tax return to the Department of Revenue to
1063	claim the tax credit or be transferred pursuant to s.
1064	220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the
1065	payment of refunds if total credits exceed the amount of tax
1066	owed.
1067	Section 19.  Section 376.85, Florida Statutes, is amended
1068	to read:
1069	376.85  Annual report.-The Department of Environmental
1070	Protection shall prepare and submit an annual report to the
1071	President of the Senate and the Speaker of the House of
1072	Representatives by August 1 of each year a report that includes
1073	Legislature, beginning in December 1998, which shall include,
1074	but is not be limited to, the number, size, and locations of
1075	brownfield sites: that have been remediated under the provisions
1076	of this act,; that are currently under rehabilitation pursuant
1077	to a negotiated site rehabilitation agreement with the
1078	department or a delegated local program,; where alternative
1079	cleanup target levels have been established pursuant to s.
1080	376.81(1)(g)3.,; and, where engineering and institutional
1081	control strategies are being employed as conditions of a "no
1082	further action order" to maintain the protections provided in s.
1083	376.81(1)(g)1. and 2.
1084	Section 20.  Section 403.973, Florida Statutes, is amended
1085	to read:
1086	403.973  Expedited permitting; amendments to comprehensive
1087	plans plan amendments.-
1088	(1)  It is the intent of the Legislature to encourage and
1089	facilitate the location and expansion of those types of economic
1090	development projects which offer job creation and high wages,
1091	strengthen and diversify the state's economy, and have been
1092	thoughtfully planned to take into consideration the protection
1093	of the state's environment. It is also the intent of the
1094	Legislature to provide for an expedited permitting and
1095	comprehensive plan amendment process for such projects.
1096	(2)  As used in this section, the term:
1097	(a)  "Duly noticed" means publication in a newspaper of
1098	general circulation in the municipality or county with
1099	jurisdiction. The notice shall appear on at least 2 separate
1100	days, one of which shall be at least 7 days before the meeting.
1101	The notice shall state the date, time, and place of the meeting
1102	scheduled to discuss or enact the memorandum of agreement, and
1103	the places within the municipality or county where such proposed
1104	memorandum of agreement may be inspected by the public. The
1105	notice must be one-eighth of a page in size and must be
1106	published in a portion of the paper other than the legal notices
1107	section. The notice shall also advise that interested parties
1108	may appear at the meeting and be heard with respect to the
1109	memorandum of agreement.
1110	(b)  "Jobs" means permanent, full-time equivalent positions
1111	not including construction jobs.
1112	(c)  "Office" means the Office of Tourism, Trade, and
1113	Economic Development.
1114	(d)  "Permit applications" means state permits and
1115	licenses, and at the option of a participating local government,
1116	local development permits or orders.
1117	(e)  "Secretary" means the Secretary of Environmental
1118	Protection or his or her designee.
1119	(3)(a)  The secretary Governor, through the office, shall
1120	direct the creation of regional permit action teams, for the
1121	purpose of expediting review of permit applications and local
1122	comprehensive plan amendments submitted by:
1123	1.  Businesses creating at least 50 100 jobs;, or
1124	2.  Businesses creating at least 25 50 jobs if the project
1125	is located in an enterprise zone, or in a county having a
1126	population of fewer less than 75,000 or in a county having a
1127	population of fewer less than 125,000 100,000 which is
1128	contiguous to a county having a population of fewer less than
1129	75,000, as determined by the most recent decennial census,
1130	residing in incorporated and unincorporated areas of the
1131	county., or
1132	(b)  On a case-by-case basis and at the request of a county
1133	or municipal government, the office may certify as eligible for
1134	expedited review a project not meeting the minimum job creation
1135	thresholds but creating a minimum of 10 jobs. The recommendation
1136	from the governing body of the county or municipality in which
1137	the project may be located is required in order for the office
1138	to certify that any project is eligible for expedited review
1139	under this paragraph. When considering projects that do not meet
1140	the minimum job creation thresholds but that are recommended by
1141	the governing body in which the project may be located, the
1142	office shall consider economic impact factors that include, but
1143	are not limited to:
1144	1.  The proposed wage and skill levels relative to those
1145	existing in the area in which the project may be located;
1146	2.  The project's potential to diversify and strengthen the
1147	area's economy;
1148	3.  The amount of capital investment; and
1149	4.  The number of jobs that will be made available for
1150	persons served by the welfare transition program.
1151	(c)  At the request of a county or municipal government,
1152	the office or a Quick Permitting County may certify projects
1153	located in counties where the ratio of new jobs per participant
1154	in the welfare transition program, as determined by Workforce
1155	Florida, Inc., is less than one or otherwise critical, as
1156	eligible for the expedited permitting process. Such projects
1157	must meet the numerical job creation criteria of this
1158	subsection, but the jobs created by the project do not have to
1159	be high-wage jobs that diversify the state's economy.
1160	(d)  Projects located in a designated brownfield area are
1161	eligible for the expedited permitting process.
1162	(e)  Projects that are part of the state-of-the-art
1163	biomedical research institution and campus to be established in
1164	this state by the grantee under s. 288.955 are eligible for the
1165	expedited permitting process, if the projects are designated as
1166	part of the institution or campus by the board of county
1167	commissioners of the county in which the institution and campus
1168	are established.
1169	(f)  Projects resulting in the production of biofuels
1170	cultivated on lands that are 1,000 acres or more or in the
1171	construction of a biofuel or biodiesel processing facility or a
1172	facility generating renewable energy, as defined in s.
1173	366.91(2)(d), are eligible for the expedited permitting process.
1174	(4)  The regional teams shall be established through the
1175	execution of memoranda of agreement developed by the applicant
1176	and the secretary, with input solicited from between the office
1177	and the respective heads of the Department of Environmental
1178	Protection, the Department of Community Affairs, the Department
1179	of Transportation and its district offices, the Department of
1180	Agriculture and Consumer Services, the Fish and Wildlife
1181	Conservation Commission, appropriate regional planning councils,
1182	appropriate water management districts, and voluntarily
1183	participating municipalities and counties. The memoranda of
1184	agreement should also accommodate participation in this
1185	expedited process by other local governments and federal
1186	agencies as circumstances warrant.
1187	(5)  In order to facilitate local government's option to
1188	participate in this expedited review process, the secretary
1189	office shall, in cooperation with local governments and
1190	participating state agencies, create a standard form memorandum
1191	of agreement. A local government shall hold a duly noticed
1192	public workshop to review and explain to the public the
1193	expedited permitting process and the terms and conditions of the
1194	standard form memorandum of agreement.
1195	(6)  The local government shall hold a duly noticed public
1196	hearing to execute a memorandum of agreement for each qualified
1197	project. Notwithstanding any other provision of law, and at the
1198	option of the local government, the workshop provided for in
1199	subsection (5) may be conducted on the same date as the public
1200	hearing held under this subsection. The memorandum of agreement
1201	that a local government signs shall include a provision
1202	identifying necessary local government procedures and time
1203	limits that will be modified to allow for the local government
1204	decision on the project within 90 days. The memorandum of
1205	agreement applies to projects, on a case-by-case basis, that
1206	qualify for special review and approval as specified in this
1207	section. The memorandum of agreement must make it clear that
1208	this expedited permitting and review process does not modify,
1209	qualify, or otherwise alter existing local government
1210	nonprocedural standards for permit applications, unless
1211	expressly authorized by law.
1212	(7)  At the option of the participating local government,
1213	Appeals of local government comprehensive plan approvals its
1214	final approval for a project shall may be pursuant to the
1215	summary hearing provisions of s. 120.574, pursuant to subsection
1216	(14), and consolidated with the challenge of any applicable
1217	state agency actions or pursuant to other appellate processes
1218	available to the local government. The local government's
1219	decision to enter into a summary hearing must be made as
1220	provided in s. 120.574 or in the memorandum of agreement.
1221	(8)  Each memorandum of agreement shall include a process
1222	for final agency action on permit applications and local
1223	comprehensive plan amendment approvals within 90 days after
1224	receipt of a completed application, unless the applicant agrees
1225	to a longer time period or the secretary office determines that
1226	unforeseen or uncontrollable circumstances preclude final agency
1227	action within the 90-day timeframe. Permit applications governed
1228	by federally delegated or approved permitting programs whose
1229	requirements would prohibit or be inconsistent with the 90-day
1230	timeframe are exempt from this provision, but must be processed
1231	by the agency with federally delegated or approved program
1232	responsibility as expeditiously as possible.
1233	(9)  The secretary office shall inform the Legislature by
1234	October 1 of each year which agencies have not entered into or
1235	implemented an agreement and identify any barriers to achieving
1236	success of the program.
1237	(10)  The memoranda of agreement may provide for the waiver
1238	or modification of procedural rules prescribing forms, fees,
1239	procedures, or time limits for the review or processing of
1240	permit applications under the jurisdiction of those agencies
1241	that are party to the memoranda of agreement. Notwithstanding
1242	any other provision of law to the contrary, a memorandum of
1243	agreement must to the extent feasible provide for proceedings
1244	and hearings otherwise held separately by the parties to the
1245	memorandum of agreement to be combined into one proceeding or
1246	held jointly and at one location. Such waivers or modifications
1247	shall not be available for permit applications governed by
1248	federally delegated or approved permitting programs, the
1249	requirements of which would prohibit, or be inconsistent with,
1250	such a waiver or modification.
1251	(11)  The standard form for memoranda of agreement shall
1252	include guidelines to be used in working with state, regional,
1253	and local permitting authorities. Guidelines may include, but
1254	are not limited to, the following:
1255	(a)  A central contact point for filing permit applications
1256	and local comprehensive plan amendments and for obtaining
1257	information on permit and local comprehensive plan amendment
1258	requirements;
1259	(b)  Identification of the individual or individuals within
1260	each respective agency who will be responsible for processing
1261	the expedited permit application or local comprehensive plan
1262	amendment for that agency;
1263	(c)  A mandatory preapplication review process to reduce
1264	permitting conflicts by providing guidance to applicants
1265	regarding the permits needed from each agency and governmental
1266	entity, site planning and development, site suitability and
1267	limitations, facility design, and steps the applicant can take
1268	to ensure expeditious permit application and local comprehensive
1269	plan amendment review. As a part of this process, the first
1270	interagency meeting to discuss a project shall be held within 14
1271	days after the secretary's office's determination that the
1272	project is eligible for expedited review. Subsequent interagency
1273	meetings may be scheduled to accommodate the needs of
1274	participating local governments that are unable to meet public
1275	notice requirements for executing a memorandum of agreement
1276	within this timeframe. This accommodation may not exceed 45 days
1277	from the secretary's office's determination that the project is
1278	eligible for expedited review;
1279	(d)  The preparation of a single coordinated project
1280	description form and checklist and an agreement by state and
1281	regional agencies to reduce the burden on an applicant to
1282	provide duplicate information to multiple agencies;
1283	(e)  Establishment of a process for the adoption and review
1284	of any comprehensive plan amendment needed by any certified
1285	project within 90 days after the submission of an application
1286	for a comprehensive plan amendment. However, the memorandum of
1287	agreement may not prevent affected persons as defined in s.
1288	163.3184 from appealing or participating in this expedited plan
1289	amendment process and any review or appeals of decisions made
1290	under this paragraph; and
1291	(f)  Additional incentives for an applicant who proposes a
1292	project that provides a net ecosystem benefit.
1293	(12)  The applicant, the regional permit action team, and
1294	participating local governments may agree to incorporate into a
1295	single document the permits, licenses, and approvals that are
1296	obtained through the expedited permit process. This consolidated
1297	permit is subject to the summary hearing provisions set forth in
1298	subsection (14).
1299	(13)  Notwithstanding any other provisions of law:
1300	(a)  Local comprehensive plan amendments for projects
1301	qualified under this section are exempt from the twice-a-year
1302	limits provision in s. 163.3187; and
1303	(b)  Projects qualified under this section are not subject
1304	to interstate highway level-of-service standards adopted by the
1305	Department of Transportation for concurrency purposes. The
1306	memorandum of agreement specified in subsection (5) must include
1307	a process by which the applicant will be assessed a fair share
1308	of the cost of mitigating the project's significant traffic
1309	impacts, as defined in chapter 380 and related rules. The
1310	agreement must also specify whether the significant traffic
1311	impacts on the interstate system will be mitigated through the
1312	implementation of a project or payment of funds to the
1313	Department of Transportation. Where funds are paid, the
1314	Department of Transportation must include in the 5-year work
1315	program transportation projects or project phases, in an amount
1316	equal to the funds received, to mitigate the traffic impacts
1317	associated with the proposed project.
1318	(14)(a)  Challenges to state agency action in the expedited
1319	permitting process for projects processed under this section are
1320	subject to the summary hearing provisions of s. 120.574, except
1321	that the administrative law judge's decision, as provided in s.
1322	120.574(2)(f), shall be in the form of a recommended order and
1323	shall not constitute the final action of the state agency. In
1324	those proceedings where the action of only one agency of the
1325	state other than the Department of Environmental Protection is
1326	challenged, the agency of the state shall issue the final order
1327	within 45 10 working days after of receipt of the administrative
1328	law judge's recommended order, and the recommended order shall
1329	inform the parties of their right to file exceptions or
1330	responses to the recommended order in accordance with the
1331	uniform rules of procedure pursuant to s. 120.54. In those
1332	proceedings where the actions of more than one agency of the
1333	state are challenged, the Governor shall issue the final order
1334	within 45 10 working days after of receipt of the administrative
1335	law judge's recommended order, and the recommended order shall
1336	inform the parties of their right to file exceptions or
1337	responses to the recommended order in accordance with the
1338	uniform rules of procedure pursuant to s. 120.54. This paragraph
1339	does not apply to the issuance of department licenses required
1340	under any federally delegated or approved permit program. In
1341	such instances, the department shall enter the final order. The
1342	participating agencies of the state may opt at the preliminary
1343	hearing conference to allow the administrative law judge's
1344	decision to constitute the final agency action. If a
1345	participating local government agrees to participate in the
1346	summary hearing provisions of s. 120.574 for purposes of review
1347	of local government comprehensive plan amendments, s.
1348	163.3184(9) and (10) apply.
1349	(b)  Projects identified in paragraph (3)(f) or challenges
1350	to state agency action in the expedited permitting process for
1351	establishment of a state-of-the-art biomedical research
1352	institution and campus in this state by the grantee under s.
1353	288.955 are subject to the same requirements as challenges
1354	brought under paragraph (a), except that, notwithstanding s.
1355	120.574, summary proceedings must be conducted within 30 days
1356	after a party files the motion for summary hearing, regardless
1357	of whether the parties agree to the summary proceeding.
1358	(15)  The office, working with the agencies providing
1359	cooperative assistance and input regarding participating in the
1360	memoranda of agreement, shall review sites proposed for the
1361	location of facilities eligible for the Innovation Incentive
1362	Program under s. 288.1089. Within 20 days after the request for
1363	the review by the office, the agencies shall provide to the
1364	office a statement as to each site's necessary permits under
1365	local, state, and federal law and an identification of
1366	significant permitting issues, which if unresolved, may result
1367	in the denial of an agency permit or approval or any significant
1368	delay caused by the permitting process.
1369	(16)  This expedited permitting process shall not modify,
1370	qualify, or otherwise alter existing agency nonprocedural
1371	standards for permit applications or local comprehensive plan
1372	amendments, unless expressly authorized by law. If it is
1373	determined that the applicant is not eligible to use this
1374	process, the applicant may apply for permitting of the project
1375	through the normal permitting processes.
1376	(17)  The office shall be responsible for certifying a
1377	business as eligible for undergoing expedited review under this
1378	section. Enterprise Florida, Inc., a county or municipal
1379	government, or the Rural Economic Development Initiative may
1380	recommend to the Office of Tourism, Trade, and Economic
1381	Development that a project meeting the minimum job creation
1382	threshold undergo expedited review.
1383	(18)  The office, working with the Rural Economic
1384	Development Initiative and the agencies participating in the
1385	memoranda of agreement, shall provide technical assistance in
1386	preparing permit applications and local comprehensive plan
1387	amendments for counties having a population of fewer less than
1388	75,000 residents, or counties having fewer than 125,000 100,000
1389	residents which are contiguous to counties having fewer than
1390	75,000 residents. Additional assistance may include, but not be
1391	limited to, guidance in land development regulations and
1392	permitting processes, working cooperatively with state,
1393	regional, and local entities to identify areas within these
1394	counties which may be suitable or adaptable for preclearance
1395	review of specified types of land uses and other activities
1396	requiring permits.
1397	(19)  The following projects are ineligible for review
1398	under this part:
1399	(a)  A project funded and operated by a local government,
1400	as defined in s. 377.709, and located within that government's
1401	jurisdiction.
1402	(b)  A project, the primary purpose of which is to:
1403	1.  Effect the final disposal of solid waste, biomedical
1404	waste, or hazardous waste in this state.
1405	2.  Produce electrical power, unless the production of
1406	electricity is incidental and not the primary function of the
1407	project or the electrical power is derived from a fuel source
1408	for renewable energy as defined in s. 366.91(2)(d).
1409	3.  Extract natural resources.
1410	4.  Produce oil.
1411	5.  Construct, maintain, or operate an oil, petroleum,
1412	natural gas, or sewage pipeline.
1413	Section 21.  Subsection (6) of section 369.317, Florida
1414	Statutes, is amended to read:
1415	369.317  Wekiva Parkway.-
1416	(6)  The Orlando-Orange County Expressway Authority is
1417	hereby granted the authority to act as a third-party acquisition
1418	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1419	or chapter 373 on behalf of the governing board of the St. Johns
1420	River Water Management District, for the acquisition of all
1421	necessary lands, property and all interests in property
1422	identified herein, including fee simple or less-than-fee simple
1423	interests. The lands subject to this authority are identified in
1424	paragraph 10.a., State of Florida, Office of the Governor,
1425	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1426	of the Wekiva Basin Area Task Force created by Executive Order
1427	2002-259, such lands otherwise known as Neighborhood Lakes, a
1428	1,587+/- acre parcel located in Orange and Lake Counties within
1429	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1430	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1431	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
1432	County within Section 37, Township 19 South, Range 28 East; New
1433	Garden Coal; a 1,605+/- acre parcel in Lake County within
1434	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1435	East; Pine Plantation, a 617+/- acre tract consisting of eight
1436	individual parcels within the Apopka City limits. The Department
1437	of Transportation, the Department of Environmental Protection,
1438	the St. Johns River Water Management District, and other land
1439	acquisition entities shall participate and cooperate in
1440	providing information and support to the third-party acquisition
1441	agent. The land acquisition process authorized by this paragraph
1442	shall begin no later than December 31, 2004. Acquisition of the
1443	properties identified as Neighborhood Lakes, Pine Plantation,
1444	and New Garden Coal, or approval as a mitigation bank shall be
1445	concluded no later than December 31, 2010. Department of
1446	Transportation and Orlando-Orange County Expressway Authority
1447	funds expended to purchase an interest in those lands identified
1448	in this subsection shall be eligible as environmental mitigation
1449	for road construction related impacts in the Wekiva Study Area.
1450	If any of the lands identified in this subsection are used as
1451	environmental mitigation for road-construction-related impacts
1452	incurred by the Department of Transportation or Orlando-Orange
1453	County Expressway Authority, or for other impacts incurred by
1454	other entities, within the Wekiva Study Area or within the
1455	Wekiva parkway alignment corridor and, if the mitigation offsets
1456	these impacts, the St. Johns River Water Management District and
1457	the Department of Environmental Protection shall consider the
1458	activity regulated under part IV of chapter 373 to meet the
1459	cumulative impact requirements of s. 373.414(8)(a).
1460	(a)  Acquisition of the land described in this section is
1461	required to provide right of way for the Wekiva Parkway, a
1462	limited access roadway linking State Road 429 to Interstate 4,
1463	an essential component in meeting regional transportation needs
1464	to provide regional connectivity, improve safety, accommodate
1465	projected population and economic growth, and satisfy critical
1466	transportation requirements caused by increased traffic volume
1467	growth and travel demands.
1468	(b)  Acquisition of the lands described in this section is
1469	also required to protect the surface water and groundwater
1470	resources of Lake, Orange, and Seminole counties, otherwise
1471	known as the Wekiva Study Area, including recharge within the
1472	springshed that provides for the Wekiva River system. Protection
1473	of this area is crucial to the long term viability of the Wekiva
1474	River and springs and the central Florida region's water supply.
1475	Acquisition of the lands described in this section is also
1476	necessary to alleviate pressure from growth and development
1477	affecting the surface and groundwater resources within the
1478	recharge area.
1479	(c)  Lands acquired pursuant to this section that are
1480	needed for transportation facilities for the Wekiva Parkway
1481	shall be determined not necessary for conservation purposes
1482	pursuant to ss. 253.034(6) and 373.089(5) and shall be
1483	transferred to or retained by the Orlando-Orange County
1484	Expressway Authority or the Department of Transportation upon
1485	reimbursement of the full purchase price and acquisition costs.
1486	Section 22.  Section 288.1185, Florida Statutes, is
1487	repealed.
1488	Section 23.  This act shall take effect July 1, 2010.

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