CS/CS/CS/HB 239

1
A bill to be entitled
2An act relating to water quality; directing the Department
3of Environmental Protection to publish a notice of
4proposed rulemaking by a specified date to revise certain
5criteria for the state's waterbodies; creating s.
6403.0675, F.S.; prohibiting the implementation of certain
7federal numeric nutrient water quality criteria rules by
8the Department of Environmental Protection, water
9management districts, and other governmental entities;
10clarifying the authority of water management districts and
11other governmental entities with respect to pollution
12control; providing construction; authorizing the
13department to adopt numeric nutrient water quality
14criteria for surface waters under certain conditions;
15providing that certain total maximum daily loads and
16associated numeric interpretations constitute site
17specific numeric nutrient water quality criteria; creating
18s. 403.066, F.S.; providing for the classification of
19designated uses of the state's surface waters by human use
20and aquatic life use; redesignating specified surface
21water classifications; authorizing the department to adopt
22rules; providing for the department to adopt a
23classification system by rule, subject to ratification by
24the Legislature; providing for repeal of the section upon
25ratification of the department rule; providing for effect
26of the section; amending ss. 373.199, 373.453, 373.4592,
27373.461, 380.061, 403.061, 403.086, 403.0882, 403.121,
28403.707, and 403.813, F.S.; conforming provisions to
29changes made by the act; providing effective dates.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  The Department of Environmental Protection is
34directed to publish a notice of proposed rulemaking no later
35than May 31, 2012, to revise the dissolved oxygen criteria
36applicable to Florida waterbodies to take into account the
37variability occurring in nature.
38     Section 2.  Section 403.0675, Florida Statutes, is created
39to read:
40     403.0675  Numeric nutrient water quality criteria.-
41     (1)(a)  The department, water management districts, and all
42other state, regional, and local governmental entities may not
43implement or give any effect to the United States Environmental
44Protection Agency's nutrient water quality criteria rules for
45the state's lakes and flowing waters, finalized on December 6,
462010, and published in Volume 75, No. 233 of the Federal
47Register, in any regulatory program administered by the
48department, water management district, or governmental entity
49where the criteria are more stringent than necessary to protect
50the biological community and the designated use.
51     (b)  The prohibition in paragraph (a) does not limit the
52ability of any water management district or any other state,
53regional, or local governmental entity from applying for any
54pollution discharge permit or complying with the conditions of
55such permits, including those issued under the Federal National
56Pollutant Discharge Elimination System, or from implementing
57best management practices, source control, or pollution
58abatement measures for water quality improvement programs as
59provided by law.
60     (2)  This section does not derogate or limit county and
61municipal home rule authority.
62     (3)(a)  Notwithstanding subsection (1), the department may
63adopt numeric nutrient water quality criteria for a particular
64surface water or group of surface waters pursuant to s. 403.061,
65which may be expressed in terms of concentration, mass loading,
66waste load allocation, and surrogate standards, such as
67chlorophyll-a, and may be supplemented by narrative statements.
68     (b)  The standards established pursuant to this subsection
69shall be based on objective and credible data and scientific
70studies and analysis. The department's implementation of the
71standard shall only require nutrient reductions where necessary
72to protect the biological community and the designated use.
73     (4)  Numeric nutrient total maximum daily loads developed
74by the department and approved by the United States
75Environmental Protection Agency constitute the site specific
76numeric interpretation of the narrative nutrient water quality
77criteria.
78     Section 3.  Effective July 1, 2012, section 403.066,
79Florida Statutes, is created to read:
80     403.066  Classification of surface waters.-
81     (1)  Except as provided in paragraphs (2)(d) and (e), the
82designated uses for all surface waters of the state shall be
83classified to include a Human Use and an Aquatic Life Use as
84follows:
85     (a)  Human Uses.-
86     1.  Human Use 1 - Protection of potable water supply
87suitable for human consumption following conventional drinking
88water treatment methods, fish consumption, and full body
89contact.-This use requires maintaining a level of water quality
90suitable for potable water or intended to be suitable for human
91consumption after conventional drinking water treatment methods.
92     2.  Human Use 2 - Protection of shellfish harvesting for
93human consumption, fish consumption, and full body contact.-This
94use requires maintaining a level of water quality that prevents
95unpalatable flavor or accumulation of substances harmful to
96human health in shellfish tissue.
97     3.  Human Use 3 - Protection of fish consumption and full
98body contact.-This use requires maintaining a level of water
99quality that prevents unpalatable flavor or accumulation of
100substances harmful to human health in fish tissue. Recreational
101uses may support prolonged and direct contact with the water
102with minimal risk of water ingestion in quantities sufficient to
103pose a health hazard.
104     4.  Human Use 4 - Protection of fish consumption and
105incidental human contact.-This use requires maintaining a level
106of water quality that prevents unpalatable flavor or
107accumulation of substances harmful to human health in fish
108tissue. Recreational uses may result in contact with the water
109that is incidental or accidental with minimal risk of water
110ingestion. Other uses include, but are not limited to, waters
111used for flood control, shipping ports, stormwater or
112agricultural conveyance or storage, nonpotable water supply, or
113waters that are constructed and wholly artificial.
114     5.  Human Use 5 - Protection of fish consumption.-This use
115requires maintaining a level of water quality that prevents
116unpalatable flavor or accumulation of substances harmful to
117human health in fish tissue. Human contact with the water is
118limited or restricted due to unsafe physical conditions. Other
119uses include, but are not limited to, waters used for flood
120control, shipping ports, stormwater or agricultural conveyance
121or storage, nonpotable water supply, or waters that are
122constructed and wholly artificial.
123     6.  Human Use 6 - Protection of waters for crop irrigation
124or consumption by livestock.-This use requires maintaining a
125level of water quality suitable for consumption of water by
126livestock or surface water withdrawal for the irrigation of
127cropland.
128     7.  Human Use 7 - Utility and industrial uses.-This use
129requires maintaining a level of water quality suitable for
130utility and industrial purposes.
131     (b)  Aquatic Life Uses.-
132     1.  Aquatic Life Use 1 - Propagation and maintenance of
133exceptional aquatic communities that approximate the biological
134structure and function of the natural background.-Under this
135use, natural structural, functional, and taxonomic integrity is
136preserved or approximated; structure and function are similar to
137the natural community; and ecosystem level functions are fully
138maintained.
139     2.  Aquatic Life Use 2 - Propagation and maintenance of
140healthy, well-balanced aquatic communities with minimal
141deviation of the biological structure and function relative to
142the natural background.-Under this use, overall balanced
143distribution of all expected groups of taxa and all ecosystem
144functions are fully maintained. May have changes in the
145biological structure as evidenced by the replacement of
146sensitive taxa by more tolerant taxa.
147     3.  Aquatic Life Use 3 - Protection of aquatic communities
148with moderate deviation of the biological structure and function
149relative to the natural background.-Under this use, changes in
150the biological structure and function have resulted in an
151altered aquatic community, a transition between a community
152characterized by sensitive or expected taxa to one characterized
153by tolerant taxa has occurred, and biology may be limited due to
154habitat limitations, hydrologic modifications, physical
155alterations, or other factors identified by department rule.
156     4.  Aquatic Life Use 4 - Protection of aquatic communities
157with substantial deviation of the biological structure and
158function relative to the natural background.-Under this use,
159substantial changes in the biological structure and function
160have resulted in a limited aquatic community, the community
161consists primarily of tolerant taxa able to survive and
162propagate under adverse or variable environmental conditions,
163and biology may be limited due to extreme habitat limitations,
164hydrologic modifications, physical alterations, or other factors
165identified by department rule.
166     (2)  Unless otherwise specified by department rule, the
167following surface water classifications are renamed:
168     (a)  Class I is renamed as Human Use 1/Aquatic Life Use 2.
169     (b)  Class II is renamed as Human Use 2/Aquatic Life Use 2.
170     (c)  Class III is renamed as Human Use 3/Aquatic Life Use
1712.
172     (d)  Class IV is renamed as Human Use 6 and includes the
173Class IV classification criteria.
174     (e)  Class V is renamed as Human Use 7 and includes the
175Class V classification criteria.
176     (3)(a)  Surface waters or groups of similar surface waters
177shall be assigned classifications under this section pursuant to
178chapter 120. When adopting waters into appropriate
179classifications, the department shall:
180     1.  Consider that manmade or other structurally modified
181waters may exhibit physical, hydrologic, and other factors that
182limit the attainable uses of the water.
183     2.  Assess the economic costs of achieving designated uses
184on individual entities and communities.
185     3.  Establish appropriate water quality criteria for the
186waters.
187     (b)  Surface waters constructed pursuant to chapter 378,
188excluding wetlands or any waters constructed for the purposes of
189mitigation under chapter 373, may not be assigned a
190classification until the department approves the constructed
191waterbody for final release of obligations under chapter 378.
192Upon approval, the constructed waterbody shall be classified
193based on the highest attainable uses considering the location
194and purpose for which the surface water was constructed.
195     (4)  The department may adopt rules to implement this
196section. If the department determines that changes are necessary
197to improve the classification system under this section, it
198shall adopt an updated classification system by rule, which
199shall be subject to ratification by the Legislature. Upon
200ratification of the department rule, this section is repealed.
201     Section 4.  Effective July 1, 2012, paragraph (d) of
202subsection (4) of section 373.199, Florida Statutes, is amended
203to read:
204     373.199  Florida Forever Water Management District Work
205Plan.-
206     (4)  The list submitted by the districts shall include,
207where applicable, the following information for each project:
208     (d)  A description of strategies and potential strategies,
209including improved stormwater management, for restoring or
210protecting the water body to Human Use 3/Aquatic Life Use 2
211Class III or better surface water quality status. Such
212strategies may utilize alternative technologies for pollutant
213reduction, such as cost-effective biologically-based, hybrid
214wetlands/chemical and other innovative nutrient control
215technologies.
216     Section 5.  Effective July 1, 2012, paragraph (e) of
217subsection (2) of section 373.453, Florida Statutes, is amended
218to read:
219     373.453  Surface water improvement and management plans and
220programs.-
221     (2)  Unless otherwise provided by law, the water management
222districts, in cooperation with state agencies, local
223governments, and others, may develop surface water improvement
224and management plans and programs for the water bodies
225identified on the priority lists. Plans developed pursuant to
226this subsection shall include, but not be limited to:
227     (e)  A description of strategies and a schedule for related
228management actions for restoring or protecting the water body to
229Human Use 3/Aquatic Life Use 2 Class III or better, including
230those needed to help achieve state-adopted total maximum daily
231loads for the water body;
232     Section 6.  Effective July 1, 2012, paragraph (m) of
233subsection (2) and paragraph (e) of subsection (4) of section
234373.4592, Florida Statutes, are amended to read:
235     373.4592  Everglades improvement and management.-
236     (2)  DEFINITIONS.-As used in this section:
237     (m)  "Phosphorus criterion" means a numeric interpretation
238for phosphorus of the Human Use 3/Aquatic Life Use 2 Class III
239narrative nutrient criterion.
240     (4)  EVERGLADES PROGRAM.-
241     (e)  Evaluation of water quality standards.-
242     1.  The department and the district shall employ all means
243practicable to complete by December 31, 1998, any additional
244research necessary to:
245     a.  Numerically interpret for phosphorus the Human Use
2463/Aquatic Life Use 2 Class III narrative nutrient criterion
247necessary to meet water quality standards in the Everglades
248Protection Area; and
249     b.  Evaluate existing water quality standards applicable to
250the Everglades Protection Area and EAA canals.
251     2.  In no case shall such phosphorus criterion allow waters
252in the Everglades Protection Area to be altered so as to cause
253an imbalance in the natural populations of aquatic flora or
254fauna. The phosphorus criterion shall be 10 parts per billion
255(ppb) in the Everglades Protection Area in the event the
256department does not adopt by rule such criterion by December 31,
2572003. However, in the event the department fails to adopt a
258phosphorus criterion on or before December 31, 2002, any person
259whose substantial interests would be affected by the rulemaking
260shall have the right, on or before February 28, 2003, to
261petition for a writ of mandamus to compel the department to
262adopt by rule such criterion. Venue for the mandamus action must
263be Leon County. The court may stay implementation of the 10
264parts per billion (ppb) criterion during the pendency of the
265mandamus proceeding upon a demonstration by the petitioner of
266irreparable harm in the absence of such relief. The department's
267phosphorus criterion, whenever adopted, shall supersede the 10
268parts per billion (ppb) criterion otherwise established by this
269section, but shall not be lower than the natural conditions of
270the Everglades Protection Area and shall take into account
271spatial and temporal variability. The department's rule adopting
272a phosphorus criterion may include moderating provisions during
273the implementation of the initial phase of the Long-Term Plan
274authorizing discharges based upon BAPRT providing net
275improvement to impacted areas. Discharges to unimpacted areas
276may also be authorized by moderating provisions, which shall
277require BAPRT, and which must be based upon a determination by
278the department that the environmental benefits of the discharge
279clearly outweigh potential adverse impacts and otherwise comply
280with antidegradation requirements. Moderating provisions
281authorized by this section shall not extend beyond December 2016
282unless further authorized by the Legislature pursuant to
283paragraph (3)(d).
284     3.  The department shall use the best available information
285to define relationships between waters discharged to, and the
286resulting water quality in, the Everglades Protection Area. The
287department or the district shall use these relationships to
288establish discharge limits in permits for discharges into the
289EAA canals and the Everglades Protection Area necessary to
290prevent an imbalance in the natural populations of aquatic flora
291or fauna in the Everglades Protection Area, and to provide a net
292improvement in the areas already impacted. During the
293implementation of the initial phase of the Long-Term Plan,
294permits issued by the department shall be based on BAPRT and
295shall include technology-based effluent limitations consistent
296with the Long-Term Plan. Compliance with the phosphorus
297criterion shall be based upon a long-term geometric mean of
298concentration levels to be measured at sampling stations
299recognized from the research to be reasonably representative of
300receiving waters in the Everglades Protection Area, and so
301located so as to assure that the Everglades Protection Area is
302not altered so as to cause an imbalance in natural populations
303of aquatic flora and fauna and to assure a net improvement in
304the areas already impacted. For the Everglades National Park and
305the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
306method for measuring compliance with the phosphorus criterion
307shall be in a manner consistent with Appendices A and B,
308respectively, of the settlement agreement dated July 26, 1991,
309entered in case No. 88-1886-Civ-Hoeveler, United States District
310Court for the Southern District of Florida, that recognizes and
311provides for incorporation of relevant research.
312     4.  The department's evaluation of any other water quality
313standards must include the department's antidegradation
314standards and EAA canal classifications. In recognition of the
315special nature of the conveyance canals of the EAA, as a
316component of the classification process, the department is
317directed to formally recognize by rulemaking existing actual
318beneficial uses of the conveyance canals in the EAA. This shall
319include recognition of the Human Use 3/Aquatic Life Use 2 Class
320III designated uses of recreation, propagation and maintenance
321of a healthy, well-balanced population of fish and wildlife, the
322integrated water management purposes for which the Central and
323Southern Florida Flood Control Project was constructed, flood
324control, conveyance of water to and from Lake Okeechobee for
325urban and agricultural water supply, Everglades hydroperiod
326restoration, conveyance of water to the STAs, and navigation.
327     Section 7.  Effective July 1, 2012, paragraph (b) of
328subsection (1) and paragraph (b) of subsection (2) of section
329373.461, Florida Statutes, are amended to read:
330     373.461  Lake Apopka improvement and management.-
331     (1)  FINDINGS AND INTENT.-
332     (b)  Technical studies have determined that substantial
333reductions in or elimination of phosphorus in farm discharges to
334Lake Apopka will be necessary in order to improve water quality
335and restore the lake to Human Use 3/Aquatic Life Use 2 Class III
336standards.
337     (2)  DEFINITIONS.-As used in this section:
338     (b)  "Phosphorus criterion" means a numeric interpretation
339for phosphorus of the Human Use 3/Aquatic Life Use 2 Class III
340narrative nutrient criterion.
341     Section 8.  Effective July 1, 2012, paragraph (a) of
342subsection (3) of section 380.061, Florida Statutes, is amended
343to read:
344     380.061  The Florida Quality Developments program.-
345     (3)(a)  To be eligible for designation under this program,
346the developer shall comply with each of the following
347requirements if applicable to the site of a qualified
348development:
349     1.  Donate or enter into a binding commitment to donate the
350fee or a lesser interest sufficient to protect, in perpetuity,
351the natural attributes of the types of land listed below. In
352lieu of this requirement, the developer may enter into a binding
353commitment that runs with the land to set aside such areas on
354the property, in perpetuity, as open space to be retained in a
355natural condition or as otherwise permitted under this
356subparagraph. Under the requirements of this subparagraph, the
357developer may reserve the right to use such areas for passive
358recreation that is consistent with the purposes for which the
359land was preserved.
360     a.  Those wetlands and water bodies throughout the state
361which would be delineated if the provisions of s. 373.4145(1)(b)
362were applied. The developer may use such areas for the purpose
363of site access, provided other routes of access are unavailable
364or impracticable; may use such areas for the purpose of
365stormwater or domestic sewage management and other necessary
366utilities if such uses are permitted pursuant to chapter 403; or
367may redesign or alter wetlands and water bodies within the
368jurisdiction of the Department of Environmental Protection which
369have been artificially created if the redesign or alteration is
370done so as to produce a more naturally functioning system.
371     b.  Active beach or primary and, where appropriate,
372secondary dunes, to maintain the integrity of the dune system
373and adequate public accessways to the beach. However, the
374developer may retain the right to construct and maintain
375elevated walkways over the dunes to provide access to the beach.
376     c.  Known archaeological sites determined to be of
377significance by the Division of Historical Resources of the
378Department of State.
379     d.  Areas known to be important to animal species
380designated as endangered or threatened by the United States Fish
381and Wildlife Service or by the Fish and Wildlife Conservation
382Commission, for reproduction, feeding, or nesting; for traveling
383between such areas used for reproduction, feeding, or nesting;
384or for escape from predation.
385     e.  Areas known to contain plant species designated as
386endangered by the Department of Agriculture and Consumer
387Services.
388     2.  Produce, or dispose of, no substances designated as
389hazardous or toxic substances by the United States Environmental
390Protection Agency, the Department of Environmental Protection,
391or the Department of Agriculture and Consumer Services. This
392subparagraph does not apply to the production of these
393substances in nonsignificant amounts as would occur through
394household use or incidental use by businesses.
395     3.  Participate in a downtown reuse or redevelopment
396program to improve and rehabilitate a declining downtown area.
397     4.  Incorporate no dredge and fill activities in, and no
398stormwater discharge into, waters designated as Human Use
3992/Aquatic Life Use 2 Class II, aquatic preserves, or Outstanding
400Florida Waters, except as permitted pursuant to s. 403.813(1),
401and the developer demonstrates that those activities meet the
402standards under Human Use 2/Aquatic Life Use 2 Class II waters,
403Outstanding Florida Waters, or aquatic preserves, as applicable.
404     5.  Include open space, recreation areas, Florida-friendly
405landscaping as defined in s. 373.185, and energy conservation
406and minimize impermeable surfaces as appropriate to the location
407and type of project.
408     6.  Provide for construction and maintenance of all onsite
409infrastructure necessary to support the project and enter into a
410binding commitment with local government to provide an
411appropriate fair-share contribution toward the offsite impacts
412that the development will impose on publicly funded facilities
413and services, except offsite transportation, and condition or
414phase the commencement of development to ensure that public
415facilities and services, except offsite transportation, are
416available concurrent with the impacts of the development. For
417the purposes of offsite transportation impacts, the developer
418shall comply, at a minimum, with the standards of the state land
419planning agency's development-of-regional-impact transportation
420rule, the approved strategic regional policy plan, any
421applicable regional planning council transportation rule, and
422the approved local government comprehensive plan and land
423development regulations adopted pursuant to part II of chapter
424163.
425     7.  Design and construct the development in a manner that
426is consistent with the adopted state plan, the applicable
427strategic regional policy plan, and the applicable adopted local
428government comprehensive plan.
429     Section 9.  Effective July 1, 2012, subsection (29) of
430section 403.061, Florida Statutes, is amended to read:
431     403.061  Department; powers and duties.-The department
432shall have the power and the duty to control and prohibit
433pollution of air and water in accordance with the law and rules
434adopted and promulgated by it and, for this purpose, to:
435     (29)  Adopt by rule special criteria to protect Human Use
4362/Aquatic Life Use 2 Class II and Human Use 3/Aquatic Life Use 2
437Class III shellfish harvesting waters. Such rules may include
438special criteria for approving docking facilities that have 10
439or fewer slips if the construction and operation of such
440facilities will not result in the closure of shellfish waters.
441
442The department shall implement such programs in conjunction with
443its other powers and duties and shall place special emphasis on
444reducing and eliminating contamination that presents a threat to
445humans, animals or plants, or to the environment.
446     Section 10.  Effective July 1, 2012, paragraph (b) of
447subsection (7) of section 403.086, Florida Statutes, is amended
448to read:
449     403.086  Sewage disposal facilities; advanced and secondary
450waste treatment.-
451     (7)
452     (b)  Notwithstanding any other provisions of this chapter
453or chapter 373, backup discharges of reclaimed water meeting the
454standards as set forth in subsection (4) shall be presumed to be
455allowable and shall be permitted in all waters in the state at a
456reasonably accessible point where such discharge results in
457minimal negative impact. Wet weather discharges as provided in
458s. 2(3)(c), chapter 90-262, Laws of Florida, shall include
459backup discharges as provided in this section. The presumption
460of the allowability of a backup discharge may be overcome only
461by a demonstration that one or more of the following conditions
462is present:
463     1.  The discharge will be to an Outstanding Florida Water,
464except as provided in chapter 90-262, Laws of Florida;
465     2.  The discharge will be to Human Use 1/Aquatic Life Use 2
466Class I or Human Use 2/Aquatic Life Use 2 Class II waters;
467     3.  The increased volume of fresh water contributed by a
468backup discharge will seriously alter the natural freshwater to
469saltwater balance of receiving waters after reasonable
470opportunity for mixing;
471     4.  The discharge will be to a water body having a
472pollutant load reduction goal established by a water management
473district or the department, and the discharge will cause or
474contribute to a violation of the established goal;
475     5.  The discharge fails to meet the requirements of the
476antidegradation policy contained in department rules; or
477     6.  The discharge will be to waters that the department
478determines require more stringent nutrient limits than those set
479forth in subsection (4).
480     Section 11.  Effective July 1, 2012, paragraph (b) of
481subsection (6) of section 403.0882, Florida Statutes, is amended
482to read:
483     403.0882  Discharge of demineralization concentrate.-
484     (6)  This subsection applies only to small water utility
485businesses.
486     (b)  The presumption in paragraph (a) may be overcome only
487by a demonstration that one or more of the following conditions
488is present:
489     1.  The discharge will be made directly into an Outstanding
490Florida Water, except as provided in chapter 90-262, Laws of
491Florida;
492     2.  The discharge will be made directly to Human Use
4931/Aquatic Life Use 2 Class I or Human Use 2/Aquatic Life Use 2
494Class II waters;
495     3.  The discharge will be made to a water body having a
496total maximum daily load established by the department and the
497discharge will cause or contribute to a violation of the
498established load;
499     4.  The discharge fails to meet the requirements of the
500antidegradation policy contained in the department rules;
501     5.  The discharge will be made to a sole-source aquifer;
502     6.  The discharge fails to meet applicable surface water
503and groundwater quality standards; or
504     7.  The results of any toxicity test performed by the
505applicant under paragraph (d) or by the department indicate that
506the discharge does not meet toxicity requirements at the
507boundary of the mixing zone under subparagraph (a)2.
508     Section 12.  Effective July 1, 2012, paragraph (c) of
509subsection (3) of section 403.121, Florida Statutes, is amended
510to read:
511     403.121  Enforcement; procedure; remedies.-The department
512shall have the following judicial and administrative remedies
513available to it for violations of this chapter, as specified in
514s. 403.161(1).
515     (3)  Except for violations involving hazardous wastes,
516asbestos, or underground injection, administrative penalties
517must be calculated according to the following schedule:
518     (c)  For a dredge and fill or stormwater violation, the
519department shall assess a penalty of $1,000 for unpermitted or
520unauthorized dredging or filling or unauthorized construction of
521a stormwater management system against the person or persons
522responsible for the illegal dredging or filling, or unauthorized
523construction of a stormwater management system plus $2,000 if
524the dredging or filling occurs in an aquatic preserve,
525Outstanding Florida Water, conservation easement, or Human Use
5261/Aquatic Life Use 2 Class I or Human Use 2/Aquatic Life Use 2
527Class II surface water, plus $1,000 if the area dredged or
528filled is greater than one-quarter acre but less than or equal
529to one-half acre, and plus $1,000 if the area dredged or filled
530is greater than one-half acre but less than or equal to one
531acre. The administrative penalty schedule shall not apply to a
532dredge and fill violation if the area dredged or filled exceeds
533one acre. The department retains the authority to seek the
534judicial imposition of civil penalties for all dredge and fill
535violations involving more than one acre. The department shall
536assess a penalty of $3,000 for the failure to complete required
537mitigation, failure to record a required conservation easement,
538or for a water quality violation resulting from dredging or
539filling activities, stormwater construction activities or
540failure of a stormwater treatment facility. For stormwater
541management systems serving less than 5 acres, the department
542shall assess a penalty of $2,000 for the failure to properly or
543timely construct a stormwater management system. In addition to
544the penalties authorized in this subsection, the department
545shall assess a penalty of $5,000 per violation against the
546contractor or agent of the owner or tenant that conducts
547unpermitted or unauthorized dredging or filling. For purposes of
548this paragraph, the preparation or signing of a permit
549application by a person currently licensed under chapter 471 to
550practice as a professional engineer shall not make that person
551an agent of the owner or tenant.
552     Section 13.  Effective July 1, 2012, subsection (5) of
553section 403.707, Florida Statutes, is amended to read:
554     403.707  Permits.-
555     (5)  The department may not issue a construction permit
556pursuant to this part for a new solid waste landfill within
5573,000 feet of Human Use 1/Aquatic Life Use 2 Class I surface
558waters.
559     Section 14.  Effective July 1, 2012, paragraph (m) of
560subsection (1) of section 403.813, Florida Statutes, is amended
561to read:
562     403.813  Permits issued at district centers; exceptions.-
563     (1)  A permit is not required under this chapter, chapter
564373, chapter 61-691, Laws of Florida, or chapter 25214 or
565chapter 25270, 1949, Laws of Florida, for activities associated
566with the following types of projects; however, except as
567otherwise provided in this subsection, nothing in this
568subsection relieves an applicant from any requirement to obtain
569permission to use or occupy lands owned by the Board of Trustees
570of the Internal Improvement Trust Fund or any water management
571district in its governmental or proprietary capacity or from
572complying with applicable local pollution control programs
573authorized under this chapter or other requirements of county
574and municipal governments:
575     (m)  The installation of subaqueous transmission and
576distribution lines laid on, or embedded in, the bottoms of
577waters in the state, except in Human Use 1/Aquatic Life Use 2
578Class I and Human Use 2/Aquatic Life Use 2 Class II waters and
579aquatic preserves, provided no dredging or filling is necessary.
580     Section 15.  Except as otherwise expressly provided in this
581act, this act shall take effect upon becoming a law.


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