HB 991

1	A bill to be entitled
2	An act relating to environmental permitting; amending s.
3	120.569, F.S.; authorizing the provision of certain
4	notices under the Administrative Procedure Act via a link
5	to a publicly available Internet website; providing that a
6	nonapplicant who petitions to challenge an agency's
7	issuance of a license or conceptual approval in certain
8	circumstances has the burden of ultimate persuasion and
9	the burden of going forward with evidence; amending s.
10	120.60, F.S.; revising the period for an agency to approve
11	or deny an application for a license; creating s.
12	125.0112, F.S.; providing that the construction and
13	operation of a biofuel processing facility or renewable
14	energy generating facility and the cultivation of
15	bioenergy by a local government is a valid and permitted
16	land use; requiring expedited review of such facilities;
17	providing that such facilities are eligible for the
18	alternative state review process; amending s. 125.022,
19	F.S.; prohibiting a county from requiring an applicant to
20	obtain a permit or approval from another state or federal
21	agency as a condition of approving a development permit;
22	authorizing a county to attach certain disclaimers to the
23	issuance of a development permit; creating s. 161.032,
24	F.S.; requiring that the Department of Environmental
25	Protection review an application for certain permits under
26	the Beach and Shore Preservation Act and request
27	additional information within a specified time; requiring
28	that the department proceed to process the application if
29	the applicant believes that a request for additional
30	information is not authorized by law or rule; extending
31	the period for an applicant to timely submit additional
32	information, notwithstanding certain provisions of the
33	Administrative Procedure Act; amending s. 163.3184, F.S.;
34	redefining the term "affected person" for purposes of the
35	adoption process for a comprehensive plan or plan
36	amendments to include persons who can show that their
37	substantial interest will be affected by the plan or
38	amendment; amending s. 163.3215, F.S.; redefining the term
39	"aggrieved or adversely affected party" for purposes of
40	standing to enforce local comprehensive plans; deleting a
41	requirement that the adverse interest exceed in degree the
42	general interest shared by all persons; amending s.
43	166.033, F.S.; prohibiting a municipality from requiring
44	an applicant to obtain a permit or approval from another
45	state or federal agency as a condition of approving a
46	development permit; authorizing a county to attach certain
47	disclaimers to the issuance of a development permit;
48	creating s. 166.0447, F.S.; providing that the
49	construction and operation of a biofuel processing
50	facility or renewable energy generating facility and the
51	cultivation of bioenergy is a valid and permitted land use
52	within the unincorporated area of a municipality;
53	prohibiting any requirement that the owner or operator of
54	such a facility obtain comprehensive plan amendments, use
55	permits, waivers, or variances, or pay any fee in excess
56	of a specified amount; amending s. 373.026, F.S.;
57	requiring the Department of Environmental Protection to
58	expand its use of Internet-based self-certification
59	services for exemptions and permits issued by the
60	department and water management districts; amending s.
61	373.4141, F.S.; requiring that a request by the department
62	or a water management district that an applicant provide
63	additional information be accompanied by the signature of
64	specified officials of the department or district;
65	reducing the time within which the department or district
66	must approve or deny a permit application; providing that
67	an application for a permit that is required by a local
68	government and that is not approved within a specified
69	period is deemed approved by default; amending s.
70	373.4144, F.S.; providing legislative intent with respect
71	to the coordination of regulatory duties among specified
72	state and federal agencies; requiring that the department
73	report annually to the Legislature on efforts to expand
74	the state programmatic general permit or regional general
75	permits; providing for a voluntary state programmatic
76	general permit for certain dredge and fill activities;
77	amending s. 373.441, F.S.; requiring that certain counties
78	or municipalities apply by a specified date to the
79	department or water management district for authority to
80	require certain permits; providing that following such
81	delegation, the department or district may not regulate
82	activities that are subject to the delegation; amending s.
83	403.061, F.S., relating to the use of online self-
84	certification; conforming provisions to changes made by
85	the act; creating s. 403.0874, F.S.; providing a short
86	title; providing legislative findings and intent with
87	respect to the consideration of the compliance history of
88	a permit applicant; providing for applicability;
89	specifying the period of compliance history to be
90	considered is issuing or renewing a permit; providing
91	criteria to be considered by the Department of
92	Environmental Protection; authorizing expedited review of
93	permit issuance, renewal, modification, and transfer;
94	providing for a reduced number of inspections; providing
95	for extended permit duration; authorizing the department
96	to make additional incentives available under certain
97	circumstances; providing for automatic permit renewal and
98	reduced or waived fees under certain circumstances;
99	requiring the department to adopt rules that are binding
100	on a water management district or local government that
101	has been delegated certain regulatory duties; amending ss.
102	161.041 and 373.413, F.S.; specifying that s. 403.0874,
103	F.S., authorizing expedited permitting, applies to
104	provisions governing beaches and shores and surface water
105	management and storage; amending s. 403.087, F.S.;
106	revising conditions under which the department is
107	authorized to revoke a permit; amending s. 403.412, F.S.;
108	eliminating a provision limiting a requirement for
109	demonstrating injury in order to seek relief under the
110	Environmental Protection Act; amending s. 403.814, F.S.;
111	providing for issuance of general permits for the
112	construction, alteration, and maintenance of certain
113	surface water management systems without the action of the
114	department or a water management district; specifying
115	conditions for the general permits; amending s. 380.06,
116	F.S.; exempting a proposed solid mineral mine or a
117	proposed addition or expansion of an existing solid
118	mineral mine from provisions governing developments of
119	regional impact; providing certain exceptions; amending
120	ss. 380.0657 and 403.973, F.S.; authorizing expedited
121	permitting for certain inland multimodal facilities and
122	for commercial or industrial development projects that
123	individually or collectively will create a minimum number
124	of jobs; providing for a project-specific memorandum of
125	agreement to apply to a project subject to expedited
126	permitting; providing for review and certification of a
127	business as eligible for expedited permitting by the
128	Secretary of Environmental Protection rather than by the
129	Office of Tourism, Trade, and Economic Development;
130	amending s. 163.3180, F.S.; providing an exemption to the
131	level-of-service standards adopted under the Strategic
132	Intermodal System for certain inland multimodal
133	facilities; specifying project criteria; amending s.
134	373.4137, F.S., relating to transportation projects;
135	revising legislative findings with respect to the options
136	for mitigation; revising certain requirements for
137	determining the habitat impacts of transportation
138	projects; providing for the release of certain mitigation
139	funds held for the benefit of a water management district
140	if a project is excluded from a mitigation plan; revising
141	the procedure for excluding a project from a mitigation
142	plan; providing an effective date.
143
144	Be It Enacted by the Legislature of the State of Florida:
145
146	Section 1.  Subsection (1) of section 120.569, Florida
147	Statutes, is amended, and paragraph (p) is added to subsection
148	(2) of that section, to read:
149	120.569  Decisions which affect substantial interests.-
150	(1)  The provisions of this section apply in all
151	proceedings in which the substantial interests of a party are
152	determined by an agency, unless the parties are proceeding under
153	s. 120.573 or s. 120.574. Unless waived by all parties, s.
154	120.57(1) applies whenever the proceeding involves a disputed
155	issue of material fact. Unless otherwise agreed, s. 120.57(2)
156	applies in all other cases. If a disputed issue of material fact
157	arises during a proceeding under s. 120.57(2), then, unless
158	waived by all parties, the proceeding under s. 120.57(2) shall
159	be terminated and a proceeding under s. 120.57(1) shall be
160	conducted. Parties shall be notified of any order, including a
161	final order. Unless waived, a copy of the order shall be
162	delivered or mailed to each party or the party's attorney of
163	record at the address of record. Each notice shall inform the
164	recipient of any administrative hearing or judicial review that
165	is available under this section, s. 120.57, or s. 120.68; shall
166	indicate the procedure which must be followed to obtain the
167	hearing or judicial review; and shall state the time limits that
168	which apply. Notwithstanding any other provision of law, notice
169	of the procedure to obtain an administrative hearing or judicial
170	review, including any items required by the uniform rules
171	adopted pursuant to s. 120.54(5), may be provided via a link to
172	a publicly available Internet website.
173	(2)
174	(p)  For any proceeding arising under chapter 373, chapter
175	378, or chapter 403, if a nonapplicant petitions as a third
176	party to challenge an agency's issuance of a license or
177	conceptual approval, the petitioner initiating the action has
178	the burden of ultimate persuasion and, in the first instance,
179	has the burden of going forward with the evidence.
180	Notwithstanding subsection (1), this paragraph applies to
181	proceedings under s. 120.574.
182	Section 2.  Subsection (1) of section 120.60, Florida
183	Statutes, as amended by chapter 2010-279, Laws of Florida, is
184	amended to read:
185	120.60  Licensing.-
186	(1)  Upon receipt of a license application, an agency shall
187	examine the application and, within 30 days after such receipt,
188	notify the applicant of any apparent errors or omissions and
189	request any additional information the agency is permitted by
190	law to require. An agency may not deny a license for failure to
191	correct an error or omission or to supply additional information
192	unless the agency timely notified the applicant within this 30-
193	day period. The agency may establish by rule the time period for
194	submitting any additional information requested by the agency.
195	For good cause shown, the agency shall grant a request for an
196	extension of time for submitting the additional information. If
197	the applicant believes the agency's request for additional
198	information is not authorized by law or rule, the agency, at the
199	applicant's request, shall proceed to process the application.
200	An application is complete upon receipt of all requested
201	information and correction of any error or omission for which
202	the applicant was timely notified or when the time for such
203	notification has expired. An application for a license must be
204	approved or denied within 60 90 days after receipt of a
205	completed application unless a shorter period of time for agency
206	action is provided by law. The 60-day 90-day time period is
207	tolled by the initiation of a proceeding under ss. 120.569 and
208	120.57. Any application for a license which is not approved or
209	denied within the 60-day 90-day or shorter time period, within
210	15 days after conclusion of a public hearing held on the
211	application, or within 45 days after a recommended order is
212	submitted to the agency and the parties, whichever action and
213	timeframe is latest and applicable, is considered approved
214	unless the recommended order recommends that the agency deny the
215	license. Subject to the satisfactory completion of an
216	examination if required as a prerequisite to licensure, any
217	license that is considered approved shall be issued and may
218	include such reasonable conditions as are authorized by law. Any
219	applicant for licensure seeking to claim licensure by default
220	under this subsection shall notify the agency clerk of the
221	licensing agency, in writing, of the intent to rely upon the
222	default license provision of this subsection, and may not take
223	any action based upon the default license until after receipt of
224	such notice by the agency clerk.
225	Section 3.  Section 125.0112, Florida Statutes, is created
226	to read:
227	125.0112  Biofuels and renewable energy.-The construction
228	and operation of a biofuel processing facility or a renewable
229	energy generating facility, as defined in s. 366.91(2)(d), and
230	the cultivation and production of bioenergy, as defined pursuant
231	to s. 163.3177, shall be considered by a local government to be
232	a valid industrial, agricultural, and silvicultural use
233	permitted within those land use categories in the local
234	comprehensive land use plan. If the local comprehensive plan
235	does not specifically allow for the construction of a biofuel
236	processing facility or renewable energy facility, the local
237	government shall establish a specific review process that may
238	include expediting local review of any necessary comprehensive
239	plan amendment, zoning change, use permit, waiver, variance, or
240	special exemption. Local expedited review of a proposed biofuel
241	processing facility or a renewable energy facility does not
242	obligate a local government to approve such proposed use. A
243	comprehensive plan amendment necessary to accommodate a biofuel
244	processing facility or renewable energy facility shall, if
245	approved by the local government, be eligible for the
246	alternative state review process in s. 163.32465. The
247	construction and operation of a facility and related
248	improvements on a portion of a property under this section does
249	not affect the remainder of the property's classification as
250	agricultural under s. 193.461.
251	Section 4.  Section 125.022, Florida Statutes, is amended
252	to read:
253	125.022  Development permits.-When a county denies an
254	application for a development permit, the county shall give
255	written notice to the applicant. The notice must include a
256	citation to the applicable portions of an ordinance, rule,
257	statute, or other legal authority for the denial of the permit.
258	As used in this section, the term "development permit" has the
259	same meaning as in s. 163.3164. A county may not require as a
260	condition of approval for a development permit that an applicant
261	obtain a permit or approval from any other state or federal
262	agency. Issuance of a development permit by a county does not in
263	any way create any rights on the part of the applicant to obtain
264	a permit from another state or federal agency and does not
265	create any liability on the part of the county for issuance of
266	the permit if the applicant fails to fulfill its legal
267	obligations to obtain requisite approvals or fulfill the
268	obligations imposed by another state or a federal agency. A
269	county may attach such a disclaimer to the issuance of a
270	development permit, and may include a permit condition that all
271	other applicable state or federal permits be obtained before
272	commencement of the development. This section does not prohibit
273	a county from providing information to an applicant regarding
274	what other state or federal permits may apply.
275	Section 5.  Section 161.032, Florida Statutes, is created
276	to read:
277	161.032  Application review; request for additional
278	information.-
279	(1)  Within 30 days after receipt of an application for a
280	permit under this part, the department shall review the
281	application and shall request submission of any additional
282	information the department is permitted by law to require. If
283	the applicant believes that a request for additional information
284	is not authorized by law or rule, the applicant may request a
285	hearing pursuant to s. 120.57. Within 30 days after receipt of
286	such additional information, the department shall review such
287	additional information and may request only that information
288	needed to clarify such additional information or to answer new
289	questions raised by or directly related to such additional
290	information. If the applicant believes that the request for such
291	additional information by the department is not authorized by
292	law or rule, the department, at the applicant's request, shall
293	proceed to process the permit application.
294	(2)  Notwithstanding s. 120.60, an applicant for a permit
295	under this part has 90 days after the date of a timely request
296	for additional information to submit such information. If an
297	applicant requires more than 90 days in order to respond to a
298	request for additional information, the applicant must notify
299	the agency processing the permit application in writing of the
300	circumstances, at which time the application shall be held in
301	active status for no more than one additional period of up to 90
302	days. Additional extensions may be granted for good cause shown
303	by the applicant. A showing that the applicant is making a
304	diligent effort to obtain the requested additional information
305	constitutes good cause. Failure of an applicant to provide the
306	timely requested information by the applicable deadline shall
307	result in denial of the application without prejudice.
308	Section 6.  Paragraph (a) of subsection (1) of section
309	163.3184, Florida Statutes, is amended to read:
310	163.3184  Process for adoption of comprehensive plan or
311	plan amendment.-
312	(1)  DEFINITIONS.-As used in this section, the term:
313	(a)  "Affected person" includes the affected local
314	government; persons owning property, residing, or owning or
315	operating a business within the boundaries of the local
316	government whose plan is the subject of the review and who can
317	demonstrate that their substantial interest will be affected by
318	the plan or plan amendment; owners of real property abutting
319	real property that is the subject of a proposed change to a
320	future land use map; and adjoining local governments that can
321	demonstrate that the plan or plan amendment will produce
322	substantial impacts on the increased need for publicly funded
323	infrastructure or substantial impacts on areas designated for
324	protection or special treatment within their jurisdiction. Each
325	person, other than an adjoining local government, in order to
326	qualify under this definition, shall also have submitted oral or
327	written comments, recommendations, or objections to the local
328	government during the period of time beginning with the
329	transmittal hearing for the plan or plan amendment and ending
330	with the adoption of the plan or plan amendment.
331	Section 7.  Subsection (2) of section 163.3215, Florida
332	Statutes, is amended to read:
333	163.3215  Standing to enforce local comprehensive plans
334	through development orders.-
335	(2)  As used in this section, the term "aggrieved or
336	adversely affected party" means any person or local government
337	that can demonstrate that their substantial interest will be
338	affected by a development order will suffer an adverse effect to
339	an interest protected or furthered by the local government
340	comprehensive plan, including interests related to health and
341	safety, police and fire protection service systems, densities or
342	intensities of development, transportation facilities, health
343	care facilities, equipment or services, and environmental or
344	natural resources. The alleged adverse interest may be shared in
345	common with other members of the community at large but must
346	exceed in degree the general interest in community good shared
347	by all persons. The term includes the owner, developer, or
348	applicant for a development order.
349	Section 8.  Section 166.033, Florida Statutes, is amended
350	to read:
351	166.033  Development permits.-When a municipality denies an
352	application for a development permit, the municipality shall
353	give written notice to the applicant. The notice must include a
354	citation to the applicable portions of an ordinance, rule,
355	statute, or other legal authority for the denial of the permit.
356	As used in this section, the term "development permit" has the
357	same meaning as in s. 163.3164. A municipality may not require
358	as a condition of approval for a development permit that an
359	applicant obtain a permit or approval from any other state or
360	federal agency. Issuance of a development permit by a
361	municipality does not in any way create any right on the part of
362	an applicant to obtain a permit from another state or federal
363	agency and does not create any liability on the part of the
364	municipality for issuance of the permit if the applicant fails
365	to fulfill its legal obligations to obtain requisite approvals
366	or fulfill the obligations imposed by another state or federal
367	agency. A municipality may attach such a disclaimer to the
368	issuance of development permits and may include a permit
369	condition that all other applicable state or federal permits be
370	obtained before commencement of the development. This section
371	does not prohibit a municipality from providing information to
372	an applicant regarding what other state or federal permits may
373	apply.
374	Section 9.  Section 166.0447, Florida Statutes, is created
375	to read:
376	166.0447  Biofuels and renewable energy.-The construction
377	and operation of a biofuel processing facility or a renewable
378	energy generating facility, as defined in s. 366.91(2)(d), and
379	the cultivation and production of bioenergy, as defined pursuant
380	to s. 163.3177, are each a valid industrial, agricultural, and
381	silvicultural use permitted within those land use categories in
382	the local comprehensive land use plan and for purposes of any
383	local zoning regulation within an unincorporated area of a
384	municipality. Such comprehensive land use plans and local zoning
385	regulations may not require the owner or operator of a biofuel
386	processing facility or a renewable energy generating facility to
387	obtain any comprehensive plan amendment, rezoning, special
388	exemption, use permit, waiver, or variance, or to pay any
389	special fee in excess of $1,000 to operate in an area zoned for
390	or categorized as industrial, agricultural, or silvicultural
391	use. This section does not exempt biofuel processing facilities
392	and renewable energy generating facilities from complying with
393	building code requirements. The construction and operation of a
394	facility and related improvements on a portion of a property
395	pursuant to this section does not affect the remainder of that
396	property's classification as agricultural pursuant to s.
397	193.461.
398	Section 10.  Subsection (10) is added to section 373.026,
399	Florida Statutes, to read:
400	373.026  General powers and duties of the department.-The
401	department, or its successor agency, shall be responsible for
402	the administration of this chapter at the state level. However,
403	it is the policy of the state that, to the greatest extent
404	possible, the department may enter into interagency or
405	interlocal agreements with any other state agency, any water
406	management district, or any local government conducting programs
407	related to or materially affecting the water resources of the
408	state. All such agreements shall be subject to the provisions of
409	s. 373.046. In addition to its other powers and duties, the
410	department shall, to the greatest extent possible:
411	(10)  Expand the use of Internet-based self-certification
412	services for appropriate exemptions and general permits issued
413	by the department and the water management districts, if such
414	expansion is economically feasible. In addition to expanding the
415	use of Internet-based self-certification services for
416	appropriate exemptions and general permits, the department and
417	water management districts shall identify and develop general
418	permits for activities currently requiring individual review
419	which could be expedited through the use of professional
420	certification.
421	Section 11.  Section 373.4141, Florida Statutes, is amended
422	to read:
423	373.4141  Permits; processing.-
424	(1)  Within 30 days after receipt of an application for a
425	permit under this part, the department or the water management
426	district shall review the application and shall request
427	submittal of all additional information the department or the
428	water management district is permitted by law to require. If the
429	applicant believes any request for additional information is not
430	authorized by law or rule, the applicant may request a hearing
431	pursuant to s. 120.57. Within 30 days after receipt of such
432	additional information, the department or water management
433	district shall review it and may request only that information
434	needed to clarify such additional information or to answer new
435	questions raised by or directly related to such additional
436	information. If the applicant believes the request of the
437	department or water management district for such additional
438	information is not authorized by law or rule, the department or
439	water management district, at the applicant's request, shall
440	proceed to process the permit application. In order to ensure
441	the proper scope and necessity for the information requested, a
442	second request for additional information, if any, must be
443	signed by the supervisor of the project manager. A third request
444	for additional information, if any, must be signed by the
445	division director who oversees the program area. A fourth
446	request for additional information, if any, must be signed by
447	the assistant secretary of the department or the assistant
448	executive director of the district. Any additional request for
449	information must be signed by the secretary of the department or
450	the executive director of the district.
451	(2)(a)  A permit shall be approved or denied within 60 90
452	days after receipt of the original application, the last item of
453	timely requested additional material, or the applicant's written
454	request to begin processing the permit application.
455	(b)  A permit required by a local government for an
456	activity that also requires a state permit under this part shall
457	be approved or denied within 60 days after receipt of the
458	original application. An application for a local permit which is
459	not approved or denied within 60 days is deemed approved by
460	default.
461	(3)  Processing of applications for permits for affordable
462	housing projects shall be expedited to a greater degree than
463	other projects.
464	Section 12.  Section 373.4144, Florida Statutes, is amended
465	to read:
466	373.4144  Federal environmental permitting.-
467	(1)  It is the intent of the Legislature to:
468	(a)  Facilitate coordination and a more efficient process
469	of implementing regulatory duties and functions between the
470	Department of Environmental Protection, the water management
471	districts, the United States Army Corps of Engineers, the United
472	States Fish and Wildlife Service, the National Marine Fisheries
473	Service, the United States Environmental Protection Agency, the
474	Fish and Wildlife Conservation Commission, and other relevant
475	federal and state agencies.
476	(b)  Authorize the Department of Environmental Protection
477	to obtain issuance by the United States Army Corps of Engineers,
478	pursuant to state and federal law and as set forth in this
479	section, of an expanded state programmatic general permit, or a
480	series of regional general permits, for categories of activities
481	in waters of the United States governed by the Clean Water Act
482	and in navigable waters under the Rivers and Harbors Act of 1899
483	which are similar in nature, which will cause only minimal
484	adverse environmental effects when performed separately, and
485	which will have only minimal cumulative adverse effects on the
486	environment.
487	(c)  Use the mechanism of such a state general permit or
488	such regional general permits to eliminate overlapping federal
489	regulations and state rules that seek to protect the same
490	resource and to avoid duplication of permitting between the
491	United States Army Corps of Engineers and the department for
492	minor work located in waters of the United States, including
493	navigable waters, thus eliminating, in appropriate cases, the
494	need for a separate individual approval from the United States
495	Army Corps of Engineers while ensuring the most stringent
496	protection of wetland resources.
497	(d)  Direct the department not to seek issuance of or take
498	any action pursuant to any such permit or permits unless such
499	conditions are at least as protective of the environment and
500	natural resources as existing state law under this part and
501	federal law under the Clean Water Act and the Rivers and Harbors
502	Act of 1899. The department is directed to develop, on or before
503	October 1, 2005, a mechanism or plan to consolidate, to the
504	maximum extent practicable, the federal and state wetland
505	permitting programs. It is the intent of the Legislature that
506	all dredge and fill activities impacting 10 acres or less of
507	wetlands or waters, including navigable waters, be processed by
508	the state as part of the environmental resource permitting
509	program implemented by the department and the water management
510	districts. The resulting mechanism or plan shall analyze and
511	propose the development of an expanded state programmatic
512	general permit program in conjunction with the United States
513	Army Corps of Engineers pursuant to s. 404 of the Clean Water
514	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
515	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
516	or in combination with an expanded state programmatic general
517	permit, the mechanism or plan may propose the creation of a
518	series of regional general permits issued by the United States
519	Army Corps of Engineers pursuant to the referenced statutes. All
520	of the regional general permits must be administered by the
521	department or the water management districts or their designees.
522	(2)  In order to effectuate efficient wetland permitting
523	and avoid duplication, the department and water management
524	districts are authorized to implement a voluntary state
525	programmatic general permit for all dredge and fill activities
526	impacting 3 acres or less of wetlands or other surface waters,
527	including navigable waters, subject to agreement with the United
528	States Army Corps of Engineers, if the general permit is at
529	least as protective of the environment and natural resources as
530	existing state law under this part and federal law under the
531	Clean Water Act and the Rivers and Harbors Act of 1899. The
532	department is directed to file with the Speaker of the House of
533	Representatives and the President of the Senate a report
534	proposing any required federal and state statutory changes that
535	would be necessary to accomplish the directives listed in this
536	section and to coordinate with the Florida Congressional
537	Delegation on any necessary changes to federal law to implement
538	the directives.
539	(3)  Nothing in this section shall be construed to preclude
540	the department from pursuing a series of regional general
541	permits for construction activities in wetlands or surface
542	waters or complete assumption of federal permitting programs
543	regulating the discharge of dredged or fill material pursuant to
544	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
545	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
546	Act of 1899, so long as the assumption encompasses all dredge
547	and fill activities in, on, or over jurisdictional wetlands or
548	waters, including navigable waters, within the state.
549	Section 13.  Present subsections (3), (4), and (5) of
550	section 373.441, Florida Statutes, are renumbered as subsections
551	(5), (6), and (7), respectively, and new subsections (3) and (4)
552	are added to that section, to read:
553	373.441  Role of counties, municipalities, and local
554	pollution control programs in permit processing; delegation.-
555	(3)  A county having a population of 75,000 or more or a
556	municipality that has local pollution control programs serving
557	populations of more than 50,000 must apply for delegation of
558	authority on or before June 1, 2012. A county, municipality, or
559	local pollution control programs that fails to apply for
560	delegation of authority may not require permits that in part or
561	in full are substantially similar to the requirements needed to
562	obtain an environmental resource permit.
563	(4)  Upon delegation to a qualified local government, the
564	department and water management district may not regulate the
565	activities subject to the delegation within that jurisdiction
566	unless regulation is required pursuant to the terms of the
567	delegation agreement.
568	Section 14.  Subsection (41) of section 403.061, Florida
569	Statutes, is amended to read:
570	403.061  Department; powers and duties.-The department
571	shall have the power and the duty to control and prohibit
572	pollution of air and water in accordance with the law and rules
573	adopted and promulgated by it and, for this purpose, to:
574	(41)  Expand the use of online self-certification for
575	appropriate exemptions and general permits issued by the
576	department or the water management districts if such expansion
577	is economically feasible. Notwithstanding any other provision of
578	law, A local government may not specify the method or form for
579	documenting that a project qualifies for an exemption or meets
580	the requirements for a permit under chapter 161, chapter 253,
581	chapter 373, or this chapter. This limitation of local
582	government authority extends to Internet-based department
583	programs that provide for self-certification.
584
585	The department shall implement such programs in conjunction with
586	its other powers and duties and shall place special emphasis on
587	reducing and eliminating contamination that presents a threat to
588	humans, animals or plants, or to the environment.
589	Section 15.  Section 403.0874, Florida Statutes, is created
590	to read:
591	403.0874  Incentive-based permitting program.-
592	(1)  SHORT TITLE.-This section may be cited as the "Florida
593	Incentive-based Permitting Act."
594	(2)  FINDINGS AND INTENT.-The Legislature finds and
595	declares that the department should consider compliance history
596	when deciding whether to issue, renew, amend, or modify a permit
597	by evaluating an applicant's site-specific and program-specific
598	relevant aggregate compliance history. Persons having a history
599	of complying with applicable permits or state environmental laws
600	and rules are eligible for permitting benefits, including, but
601	not limited to, expedited permit application reviews, longer-
602	duration permit periods, decreased announced compliance
603	inspections, and other similar regulatory and compliance
604	incentives to encourage and reward such persons for their
605	environmental performance.
606	(3)  APPLICABILITY.-
607	(a)  This section applies to all persons and regulated
608	activities that are subject to the permitting requirements of
609	chapter 161, chapter 373, or this chapter, and all other
610	applicable state or federal laws that govern activities for the
611	purpose of protecting the environment or the public health from
612	pollution or contamination.
613	(b)  Notwithstanding paragraph (a), this section does not
614	apply to certain permit actions or environmental permitting laws
615	such as:
616	1.  Environmental permitting or authorization laws that
617	regulate activities for the purpose of zoning, growth
618	management, or land use; or
619	2.  Any federal law or program delegated or assumed by the
620	state to the extent that implementation of this section, or any
621	part of this section, would jeopardize the ability of the state
622	to retain such delegation or assumption.
623	(c)  As used in this section, a the term "regulated
624	activity" means any activity, including, but not limited to, the
625	construction or operation of a facility, installation, system,
626	or project, for which a permit, certification, or authorization
627	is required under chapter 161, chapter 373, or this chapter.
628	(4)  COMPLIANCE HISTORY.-The compliance history period
629	shall be the 5 years before the date any permit or renewal
630	application is received by the department. Any person is
631	entitled to the incentives under paragraph (5)(a) if:
632	(a)1.  The applicant has conducted the regulated activity
633	at the same site for which the permit or renewal is sought for
634	at least 4 of the 5 years prior to the date the permit
635	application is received by the department; or
636	2.  The applicant has conducted the same regulated activity
637	at a different site within the state for at least 4 of the 5
638	years prior to the date the permit or renewal application is
639	received by the department; and
640	(b)  In the 5 years before the date the permit or renewal
641	application is received by the department or water management
642	district, the applicant has not been subject to a formal
643	administrative or civil judgment or criminal conviction whereby
644	an administrative law judge or civil or criminal court found the
645	applicant knowingly violated the applicable law or rule and the
646	violation was the proximate cause that resulted in significant
647	harm to human health or the environment. Administrative
648	settlement or consent orders, whether formal or informal, are
649	not judgments for purposes of this section unless entered into
650	as a result of significant harm to human health or the
651	environment.
652	(5)  COMPLIANCE INCENTIVES.-
653	(a)  An applicant shall request all applicable incentives
654	at the time of application submittal. Unless otherwise
655	prohibited by state or federal law, rule, or regulation, and if
656	the applicant meets all other applicable criteria for the
657	issuance of a permit or authorization, an applicant is entitled
658	to the following incentives:
659	1.  Expedited reviews on permit actions, including, but not
660	limited to, initial permit issuance, renewal, modification, and
661	transfer, if applicable. Expedited review means, at a minimum,
662	that any request for additional information regarding a permit
663	application shall be issued no later than 15 days after the
664	application is filed, and final agency action shall be taken no
665	later than 45 days after the application is deemed complete;
666	2.  Priority review of permit application;
667	3.  Reduced number of routine compliance inspections;
668	4.  No more than two requests for additional information
669	under s. 120.60; and
670	5.  Longer permit period durations.
671	(b)  The department shall identify and make available
672	additional incentives to persons who demonstrate during a 10-
673	year compliance history period the implementation of activities
674	or practices that resulted in:
675	1.  Reductions in actual or permitted discharges or
676	emissions;
677	2.  Reductions in the impacts of regulated activities on
678	public lands or natural resources;
679	3.  Implementation of voluntary environmental performance
680	programs, such as environmental management systems; and
681	4.  In the 10 years before the date the renewal application
682	is received by the department, the applicant having not been
683	subject to a formal administrative or civil judgment or criminal
684	conviction whereby an administrative law judge or civil or
685	criminal court found the applicant knowingly violated the
686	applicable law or rule and the violation was the proximate cause
687	that resulted in significant harm to human health or the
688	environment. Administrative settlement or consent orders,
689	whether formal or informal, are not judgments for purposes of
690	this section unless entered into as a result of significant harm
691	to the human health or the environment.
692	(c)  Any person meeting one of the criteria in subparagraph
693	(b)1.-3., and the criteria in subparagraph (b)4., is entitled to
694	the following incentives:
695	1.  Automatic permit renewals if there are no substantial
696	deviations or modifications in permitted activities or changed
697	circumstances; and
698	2.  Reduced or waived application fees.
699	(6)  RULEMAKING.-The department shall implement rulemaking
700	within 6 months after the effective date of this act. Such
701	rulemaking may identify additional incentives and programs not
702	expressly enumerated under this section, so long as each
703	incentive is consistent with the Legislature's purpose and
704	intent of this section. Any rule adopted by the department to
705	administer this section shall be deemed an invalid exercise of
706	delegated legislative authority if the department cannot
707	demonstrate how such rules will produce the compliance
708	incentives set forth in subsection (5). The department's rules
709	adopted under this section are binding on the water management
710	districts and any local government that has been delegated or
711	assumed a regulatory program to which this section applies.
712	Section 16.  Subsection (5) is added to section 161.041,
713	Florida Statutes, to read:
714	161.041  Permits required.-
715	(5)  The provisions of s. 403.0874, relating to the
716	incentive-based permitting program, apply to all permits issued
717	under this chapter.
718	Section 17.  Subsection (6) is added to section 373.413,
719	Florida Statutes, to read:
720	373.413  Permits for construction or alteration.-
721	(6)  The provisions of s. 403.0874, relating to the
722	incentive-based permitting program, apply to permits issued
723	under this section.
724	Section 18.  Subsection (7) of section 403.087, Florida
725	Statutes, is amended to read:
726	403.087  Permits; general issuance; denial; revocation;
727	prohibition; penalty.-
728	(7)  A permit issued pursuant to this section shall not
729	become a vested right in the permittee. The department may
730	revoke any permit issued by it if it finds that the permitholder
731	knowingly:
732	(a)  Has Submitted false or inaccurate information in the
733	his or her application for such permit;
734	(b)  Has Violated law, department orders, rules, or
735	regulations, or permit conditions which directly relate to such
736	permit and has refused to correct or cure such violations when
737	requested to do so;
738	(c)  Has Failed to submit operational reports or other
739	information required by department rule which directly relate to
740	such permit and has refused to correct or cure such violations
741	when requested to do so or regulation; or
742	(d)  Has Refused lawful inspection under s. 403.091 at the
743	facility authorized by such permit.
744	Section 19.  Subsection (5) of section 403.412, Florida
745	Statutes, is amended to read:
746	403.412  Environmental Protection Act.-
747	(5)  In any administrative, licensing, or other proceedings
748	authorized by law for the protection of the air, water, or other
749	natural resources of the state from pollution, impairment, or
750	destruction, the Department of Legal Affairs, a political
751	subdivision or municipality of the state, or a citizen of the
752	state shall have standing to intervene as a party on the filing
753	of a verified pleading asserting that the activity, conduct, or
754	product to be licensed or permitted has or will have the effect
755	of impairing, polluting, or otherwise injuring the air, water,
756	or other natural resources of the state. As used in this section
757	and as it relates to citizens, the term "intervene" means to
758	join an ongoing s. 120.569 or s. 120.57 proceeding; this section
759	does not authorize a citizen to institute, initiate, petition
760	for, or request a proceeding under s. 120.569 or s. 120.57.
761	Nothing herein limits or prohibits a citizen whose substantial
762	interests will be determined or affected by a proposed agency
763	action from initiating a formal administrative proceeding under
764	s. 120.569 or s. 120.57. A citizen's substantial interests will
765	be considered to be determined or affected if the party
766	demonstrates it may suffer an injury in fact which is of
767	sufficient immediacy and is of the type and nature intended to
768	be protected by this chapter. No demonstration of special injury
769	different in kind from the general public at large is required.
770	A sufficient demonstration of a substantial interest may be made
771	by a petitioner who establishes that the proposed activity,
772	conduct, or product to be licensed or permitted affects the
773	petitioner's use or enjoyment of air, water, or natural
774	resources protected by this chapter.
775	Section 20.  Subsection (12) is added to section 403.814,
776	Florida Statutes, to read:
777	403.814  General permits; delegation.-
778	(12)  A general permit shall be granted for the
779	construction, alteration, and maintenance of a surface water
780	management system serving a total project area of up to 10
781	acres. The construction of such a system may proceed without any
782	agency action by the department or water management district if:
783	(a)  The total project area is less than 10 acres;
784	(b)  The total project area involves less than 2 acres of
785	impervious surface;
786	(c)  No activities will impact wetlands or other surface
787	waters;
788	(d)  No activities are conducted in, on, or over wetlands
789	or other surface waters;
790	(e)  Drainage facilities will not include pipes having
791	diameters greater than 24 inches, or the hydraulic equivalent,
792	and will not use pumps in any manner; and
793	(f)  The project is not part of a larger common plan of
794	development or sale.
795	Section 21.  Paragraph (u) is added to subsection (24) of
796	section 380.06, Florida Statutes, to read:
797	380.06  Developments of regional impact.-
798	(24)  STATUTORY EXEMPTIONS.-
799	(u)  Any proposed solid mineral mine and any proposed
800	addition to, expansion of, or change to an existing solid
801	mineral mine is exempt from the provisions of this section.
802	Proposed changes to any previously approved solid mineral mine
803	development-of-regional-impact development orders having vested
804	rights is not subject to further review or approval as a
805	development of regional impact or notice of proposed change
806	review or approval pursuant to subsection (19), except for those
807	applications pending as of July 1, 2011, which shall be governed
808	by s. 380.115(2). Notwithstanding the foregoing, however,
809	pursuant to s. 380.115(1), previously approved solid mineral
810	mine development-of-regional-impact development orders shall
811	continue to enjoy vested rights and continue to be effective
812	unless rescinded by the developer.
813
814	If a use is exempt from review as a development of regional
815	impact under paragraphs (a)-(s), but will be part of a larger
816	project that is subject to review as a development of regional
817	impact, the impact of the exempt use must be included in the
818	review of the larger project, unless such exempt use involves a
819	development of regional impact that includes a landowner,
820	tenant, or user that has entered into a funding agreement with
821	the Office of Tourism, Trade, and Economic Development under the
822	Innovation Incentive Program and the agreement contemplates a
823	state award of at least $50 million.
824	Section 22.  Subsection (1) of section 380.0657, Florida
825	Statutes, is amended to read:
826	380.0657  Expedited permitting process for economic
827	development projects.-
828	(1)  The Department of Environmental Protection and, as
829	appropriate, the water management districts created under
830	chapter 373 shall adopt programs to expedite the processing of
831	wetland resource and environmental resource permits for economic
832	development projects that have been identified by a municipality
833	or county as meeting the definition of target industry
834	businesses under s. 288.106, or any inland multimodal facility,
835	receiving or sending cargo to or from Florida ports, with the
836	exception of those projects requiring approval by the Board of
837	Trustees of the Internal Improvement Trust Fund.
838	Section 23.  Paragraph (a) of subsection (3) and
839	subsections (4), (5), (10), (11), (15), (17), and (18) of
840	section 403.973, Florida Statutes, are amended to read:
841	403.973  Expedited permitting; amendments to comprehensive
842	plans.-
843	(3)(a)  The secretary shall direct the creation of regional
844	permit action teams for the purpose of expediting review of
845	permit applications and local comprehensive plan amendments
846	submitted by:
847	1.  Businesses creating at least 50 jobs or a commercial or
848	industrial development project that will be occupied by
849	businesses that would individually or collectively create at
850	least 50 jobs; or
851	2.  Businesses creating at least 25 jobs if the project is
852	located in an enterprise zone, or in a county having a
853	population of fewer than 75,000 or in a county having a
854	population of fewer than 125,000 which is contiguous to a county
855	having a population of fewer than 75,000, as determined by the
856	most recent decennial census, residing in incorporated and
857	unincorporated areas of the county.
858	(4)  The regional teams shall be established through the
859	execution of a project-specific memoranda of agreement developed
860	and executed by the applicant and the secretary, with input
861	solicited from the office and the respective heads of the
862	Department of Community Affairs, the Department of
863	Transportation and its district offices, the Department of
864	Agriculture and Consumer Services, the Fish and Wildlife
865	Conservation Commission, appropriate regional planning councils,
866	appropriate water management districts, and voluntarily
867	participating municipalities and counties. The memoranda of
868	agreement should also accommodate participation in this
869	expedited process by other local governments and federal
870	agencies as circumstances warrant.
871	(5)  In order to facilitate local government's option to
872	participate in this expedited review process, the secretary
873	shall, in cooperation with local governments and participating
874	state agencies, create a standard form memorandum of agreement.
875	The standard form of the memorandum of agreement shall be used
876	only if the local government participates in the expedited
877	review process. In the absence of local government
878	participation, only the project-specific memorandum of agreement
879	executed pursuant to subsection (4) applies. A local government
880	shall hold a duly noticed public workshop to review and explain
881	to the public the expedited permitting process and the terms and
882	conditions of the standard form memorandum of agreement.
883	(10)  The memoranda of agreement may provide for the waiver
884	or modification of procedural rules prescribing forms, fees,
885	procedures, or time limits for the review or processing of
886	permit applications under the jurisdiction of those agencies
887	that are members of the regional permit action team party to the
888	memoranda of agreement. Notwithstanding any other provision of
889	law to the contrary, a memorandum of agreement must to the
890	extent feasible provide for proceedings and hearings otherwise
891	held separately by the parties to the memorandum of agreement to
892	be combined into one proceeding or held jointly and at one
893	location. Such waivers or modifications shall not be available
894	for permit applications governed by federally delegated or
895	approved permitting programs, the requirements of which would
896	prohibit, or be inconsistent with, such a waiver or
897	modification.
898	(11)  The standard form for memoranda of agreement shall
899	include guidelines to be used in working with state, regional,
900	and local permitting authorities. Guidelines may include, but
901	are not limited to, the following:
902	(a)  A central contact point for filing permit applications
903	and local comprehensive plan amendments and for obtaining
904	information on permit and local comprehensive plan amendment
905	requirements;
906	(b)  Identification of the individual or individuals within
907	each respective agency who will be responsible for processing
908	the expedited permit application or local comprehensive plan
909	amendment for that agency;
910	(c)  A mandatory preapplication review process to reduce
911	permitting conflicts by providing guidance to applicants
912	regarding the permits needed from each agency and governmental
913	entity, site planning and development, site suitability and
914	limitations, facility design, and steps the applicant can take
915	to ensure expeditious permit application and local comprehensive
916	plan amendment review. As a part of this process, the first
917	interagency meeting to discuss a project shall be held within 14
918	days after the secretary's determination that the project is
919	eligible for expedited review. Subsequent interagency meetings
920	may be scheduled to accommodate the needs of participating local
921	governments that are unable to meet public notice requirements
922	for executing a memorandum of agreement within this timeframe.
923	This accommodation may not exceed 45 days from the secretary's
924	determination that the project is eligible for expedited review;
925	(d)  The preparation of a single coordinated project
926	description form and checklist and an agreement by state and
927	regional agencies to reduce the burden on an applicant to
928	provide duplicate information to multiple agencies;
929	(e)  Establishment of a process for the adoption and review
930	of any comprehensive plan amendment needed by any certified
931	project within 90 days after the submission of an application
932	for a comprehensive plan amendment. However, the memorandum of
933	agreement may not prevent affected persons as defined in s.
934	163.3184 from appealing or participating in this expedited plan
935	amendment process and any review or appeals of decisions made
936	under this paragraph; and
937	(f)  Additional incentives for an applicant who proposes a
938	project that provides a net ecosystem benefit.
939	(15)  The secretary office, working with the agencies
940	providing cooperative assistance and input regarding the
941	memoranda of agreement, shall review sites proposed for the
942	location of facilities eligible for the Innovation Incentive
943	Program under s. 288.1089. Within 20 days after the request for
944	the review by the secretary office, the agencies shall provide
945	to the secretary office a statement as to each site's necessary
946	permits under local, state, and federal law and an
947	identification of significant permitting issues, which if
948	unresolved, may result in the denial of an agency permit or
949	approval or any significant delay caused by the permitting
950	process.
951	(17)  The secretary office shall be responsible for
952	certifying a business as eligible for undergoing expedited
953	review under this section. Enterprise Florida, Inc., a county or
954	municipal government, or the Rural Economic Development
955	Initiative may recommend to the secretary Office of Tourism,
956	Trade, and Economic Development that a project meeting the
957	minimum job creation threshold undergo expedited review.
958	(18)  The secretary office, working with the Rural Economic
959	Development Initiative and the regional permit action team
960	agencies participating in the memoranda of agreement, shall
961	provide technical assistance in preparing permit applications
962	and local comprehensive plan amendments for counties having a
963	population of fewer than 75,000 residents, or counties having
964	fewer than 125,000 residents which are contiguous to counties
965	having fewer than 75,000 residents. Additional assistance may
966	include, but not be limited to, guidance in land development
967	regulations and permitting processes, working cooperatively with
968	state, regional, and local entities to identify areas within
969	these counties which may be suitable or adaptable for
970	preclearance review of specified types of land uses and other
971	activities requiring permits.
972	Section 24.  Subsection (10) of section 163.3180, Florida
973	Statutes, is amended to read:
974	163.3180  Concurrency.-
975	(10)(a)  Except in transportation concurrency exception
976	areas, with regard to roadway facilities on the Strategic
977	Intermodal System designated in accordance with s. 339.63, local
978	governments shall adopt the level-of-service standard
979	established by the Department of Transportation by rule.
980	However, if the Office of Tourism, Trade, and Economic
981	Development concurs in writing with the local government that
982	the proposed development is for a qualified job creation project
983	under s. 288.0656 or s. 403.973, the affected local government,
984	after consulting with the Department of Transportation, may
985	provide for a waiver of transportation concurrency for the
986	project. For all other roads on the State Highway System, local
987	governments shall establish an adequate level-of-service
988	standard that need not be consistent with any level-of-service
989	standard established by the Department of Transportation. In
990	establishing adequate level-of-service standards for any
991	arterial roads, or collector roads as appropriate, which
992	traverse multiple jurisdictions, local governments shall
993	consider compatibility with the roadway facility's adopted
994	level-of-service standards in adjacent jurisdictions. Each local
995	government within a county shall use a professionally accepted
996	methodology for measuring impacts on transportation facilities
997	for the purposes of implementing its concurrency management
998	system. Counties are encouraged to coordinate with adjacent
999	counties, and local governments within a county are encouraged
1000	to coordinate, for the purpose of using common methodologies for
1001	measuring impacts on transportation facilities for the purpose
1002	of implementing their concurrency management systems.
1003	(b)  There shall be a limited exemption from Strategic
1004	Intermodal System adopted level-of-service standards for new or
1005	redevelopment projects consistent with the local comprehensive
1006	plan as inland multimodal facilities receiving or sending cargo
1007	for distribution and providing cargo storage, consolidation,
1008	repackaging, and transfer of goods, and which may, if developed
1009	as proposed, include other intermodal terminals, related
1010	transportation facilities, warehousing and distribution
1011	facilities, and associated office space, light industrial,
1012	manufacturing, and assembly uses. The limited exemption applies
1013	if the project meets all of the following criteria:
1014	1.  The project will not cause the adopted level-of-service
1015	standards for the Strategic Intermodal System facilities to be
1016	exceeded by more than 150 percent within the first 5 years of
1017	the project's development.
1018	2.  The project, upon completion, would result in the
1019	creation of at least 50 full-time jobs.
1020	3.  The project is compatible with existing and planned
1021	adjacent land uses.
1022	4.  The project is consistent with local and regional
1023	economic development goals or plans.
1024	5.  The project is proximate to regionally significant road
1025	and rail transportation facilities.
1026	6.  The project is proximate to a community having an
1027	unemployment rate, as of the date of the development order
1028	application, which is 10 percent or more above the statewide
1029	reported average.
1030	Section 25.  Subsections (1) and (2), paragraph (c) of
1031	subsection (3), and subsection (4) of section 373.4137, Florida
1032	Statutes, are amended to read:
1033	373.4137  Mitigation requirements for specified
1034	transportation projects.-
1035	(1)  The Legislature finds that environmental mitigation
1036	for the impact of transportation projects proposed by the
1037	Department of Transportation or a transportation authority
1038	established pursuant to chapter 348 or chapter 349 can be more
1039	effectively achieved by regional, long-range mitigation planning
1040	rather than on a project-by-project basis. It is the intent of
1041	the Legislature that mitigation to offset the adverse effects of
1042	these transportation projects be funded by the Department of
1043	Transportation and be carried out by the water management
1044	districts, including the use of mitigation banks and any other
1045	mitigation options that satisfy state and federal requirements,
1046	including, but not limited to, 33 U.S.C. s. 332.3(b) established
1047	pursuant to this part.
1048	(2)  Environmental impact inventories for transportation
1049	projects proposed by the Department of Transportation or a
1050	transportation authority established pursuant to chapter 348 or
1051	chapter 349 shall be developed as follows:
1052	(a)  By July 1 of each year, the Department of
1053	Transportation or a transportation authority established
1054	pursuant to chapter 348 or chapter 349 which chooses to
1055	participate in this program shall submit to the water management
1056	districts a list copy of its projects in the adopted work
1057	program and an environmental impact inventory of habitats
1058	addressed in the rules adopted pursuant to this part and s. 404
1059	of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
1060	by its plan of construction for transportation projects in the
1061	next 3 years of the tentative work program. The Department of
1062	Transportation or a transportation authority established
1063	pursuant to chapter 348 or chapter 349 may also include in its
1064	environmental impact inventory the habitat impacts of any future
1065	transportation project. The Department of Transportation and
1066	each transportation authority established pursuant to chapter
1067	348 or chapter 349 may fund any mitigation activities for future
1068	projects using current year funds.
1069	(b)  The environmental impact inventory shall include a
1070	description of these habitat impacts, including their location,
1071	acreage, and type; state water quality classification of
1072	impacted wetlands and other surface waters; any other state or
1073	regional designations for these habitats; and a list survey of
1074	threatened species, endangered species, and species of special
1075	concern affected by the proposed project.
1076	(3)
1077	(c)  Except for current mitigation projects in the
1078	monitoring and maintenance phase and except as allowed by
1079	paragraph (d), the water management districts may request a
1080	transfer of funds from an escrow account no sooner than 30 days
1081	prior to the date the funds are needed to pay for activities
1082	associated with development or implementation of the approved
1083	mitigation plan described in subsection (4) for the current
1084	fiscal year, including, but not limited to, design, engineering,
1085	production, and staff support. Actual conceptual plan
1086	preparation costs incurred before plan approval may be submitted
1087	to the Department of Transportation or the appropriate
1088	transportation authority each year with the plan. The conceptual
1089	plan preparation costs of each water management district will be
1090	paid from mitigation funds associated with the environmental
1091	impact inventory for the current year. The amount transferred to
1092	the escrow accounts each year by the Department of
1093	Transportation and participating transportation authorities
1094	established pursuant to chapter 348 or chapter 349 shall
1095	correspond to a cost per acre of $75,000 multiplied by the
1096	projected acres of impact identified in the environmental impact
1097	inventory described in subsection (2). However, the $75,000 cost
1098	per acre does not constitute an admission against interest by
1099	the state or its subdivisions nor is the cost admissible as
1100	evidence of full compensation for any property acquired by
1101	eminent domain or through inverse condemnation. Each July 1, the
1102	cost per acre shall be adjusted by the percentage change in the
1103	average of the Consumer Price Index issued by the United States
1104	Department of Labor for the most recent 12-month period ending
1105	September 30, compared to the base year average, which is the
1106	average for the 12-month period ending September 30, 1996. Each
1107	quarter, the projected acreage of impact shall be reconciled
1108	with the acreage of impact of projects as permitted, including
1109	permit modifications, pursuant to this part and s. 404 of the
1110	Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
1111	of funds shall be adjusted accordingly to reflect the acreage of
1112	impacts as permitted. The Department of Transportation and
1113	participating transportation authorities established pursuant to
1114	chapter 348 or chapter 349 are authorized to transfer such funds
1115	from the escrow accounts to the water management districts to
1116	carry out the mitigation programs. Environmental mitigation
1117	funds that are identified or maintained in an escrow account for
1118	the benefit of a water management district may be released if
1119	the associated transportation project is excluded in whole or
1120	part from the mitigation plan. For a mitigation project that is
1121	in the maintenance and monitoring phase, the water management
1122	district may request and receive a one-time payment based on the
1123	project's expected future maintenance and monitoring costs. Upon
1124	disbursement of the final maintenance and monitoring payment,
1125	the department or the participating transportation authorities'
1126	obligation will be satisfied, the water management district will
1127	have continuing responsibility for the mitigation project, and
1128	the escrow account for the project established by the Department
1129	of Transportation or the participating transportation authority
1130	may be closed. Any interest earned on these disbursed funds
1131	shall remain with the water management district and must be used
1132	as authorized under this section.
1133	(4)  Prior to March 1 of each year, each water management
1134	district, in consultation with the Department of Environmental
1135	Protection, the United States Army Corps of Engineers, the
1136	Department of Transportation, participating transportation
1137	authorities established pursuant to chapter 348 or chapter 349,
1138	and other appropriate federal, state, and local governments, and
1139	other interested parties, including entities operating
1140	mitigation banks, shall develop a plan for the primary purpose
1141	of complying with the mitigation requirements adopted pursuant
1142	to this part and 33 U.S.C. s. 1344. In developing such plans,
1143	the districts shall utilize sound ecosystem management practices
1144	to address significant water resource needs and shall focus on
1145	activities of the Department of Environmental Protection and the
1146	water management districts, such as surface water improvement
1147	and management (SWIM) projects and lands identified for
1148	potential acquisition for preservation, restoration or
1149	enhancement, and the control of invasive and exotic plants in
1150	wetlands and other surface waters, to the extent that such
1151	activities comply with the mitigation requirements adopted under
1152	this part and 33 U.S.C. s. 1344. In determining the activities
1153	to be included in such plans, the districts shall also consider
1154	the purchase of credits from public or private mitigation banks
1155	permitted under s. 373.4136 and associated federal authorization
1156	and shall include such purchase as a part of the mitigation plan
1157	when such purchase would offset the impact of the transportation
1158	project, provide equal benefits to the water resources than
1159	other mitigation options being considered, and provide the most
1160	cost-effective mitigation option. The mitigation plan shall be
1161	submitted to the water management district governing board, or
1162	its designee, for review and approval. At least 14 days prior to
1163	approval, the water management district shall provide a copy of
1164	the draft mitigation plan to any person who has requested a
1165	copy.
1166	(a)  For each transportation project with a funding request
1167	for the next fiscal year, the mitigation plan must include a
1168	brief explanation of why a mitigation bank was or was not chosen
1169	as a mitigation option, including an estimation of identifiable
1170	costs of the mitigation bank and nonbank options to the extent
1171	practicable.
1172	(b)  Specific projects may be excluded from the mitigation
1173	plan, in whole or in part, and shall not be subject to this
1174	section upon the election agreement of the Department of
1175	Transportation, or a transportation authority if applicable, or
1176	and the appropriate water management district that the inclusion
1177	of such projects would hamper the efficiency or timeliness of
1178	the mitigation planning and permitting process. The water
1179	management district may choose to exclude a project in whole or
1180	in part if the district is unable to identify mitigation that
1181	would offset impacts of the project.
1182	Section 26.  This act shall take effect upon becoming a
1183	law.

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