CS/CS/HB 991

A bill to be entitled
2An act relating to environmental regulation; amending s.
3120.569, F.S.; providing that a nonapplicant who petitions
4to challenge an agency's issuance of a license or
5conceptual approval in certain circumstances has the
6burden of ultimate persuasion and the burden of going
7forward with evidence; creating s. 125.0112, F.S.;
8providing that the construction and operation of a biofuel
9processing facility or renewable energy generating
10facility and the cultivation of bioenergy by a local
11government is a valid and permitted land use; providing an
12exception; requiring expedited review of such facilities;
13providing that such facilities are eligible for the
14alternative state review process; amending s. 125.022,
15F.S.; prohibiting a county from requiring an applicant to
16obtain a permit or approval from another state or federal
17agency as a condition of processing a development permit
18under certain conditions; authorizing a county to attach
19certain disclaimers to the issuance of a development
20permit; creating s. 161.032, F.S.; requiring that the
21Department of Environmental Protection review an
22application for certain permits under the Beach and Shore
23Preservation Act and request additional information within
24a specified time; requiring that the department proceed to
25process the application if the applicant believes that a
26request for additional information is not authorized by
27law or rule; extending the period for an applicant to
28timely submit additional information, notwithstanding
29certain provisions of the Administrative Procedure Act;
30amending s. 161.041, F.S.; specifying that s. 403.0874,
31F.S., authorizing expedited permitting, applies to
32provisions governing coastal construction; prohibiting the
33Department of Environmental Protection from requiring
34certain sediment quality specifications or turbidity
35standards as a permit condition; providing legislative
36intent with respect to permitting for beach renourishment
37projects; directing the department to amend specified
38rules relating to permitting for such projects; amending
39s. 163.3180, F.S.; providing an exemption to the level-of-
40service standards adopted under the Strategic Intermodal
41System for certain inland multimodal facilities;
42specifying project criteria; amending s. 166.033, F.S.;
43prohibiting a municipality from requiring an applicant to
44obtain a permit or approval from another state or federal
45agency as a condition of processing a development permit
46under certain conditions; authorizing a county to attach
47certain disclaimers to the issuance of a development
48permit; creating s. 166.0447, F.S.; providing that the
49construction and operation of a biofuel processing
50facility or renewable energy generating facility and the
51cultivation of bioenergy is a valid and permitted land use
52within the incorporated area of a municipality; providing
53an exception; prohibiting any requirement that the owner
54or operator of such a facility obtain comprehensive plan
55amendments, use permits, waivers, or variances, or pay any
56fee in excess of a specified amount; amending s. 373.026,
57F.S.; requiring the Department of Environmental Protection
58to expand its use of Internet-based self-certification
59services for exemptions and permits issued by the
60department and water management districts; amending s.
61373.413, F.S.; specifying that s. 403.0874, F.S.,
62authorizing expedited permitting, applies to provisions
63governing surface water management and storage; amending
64s. 373.4137, F.S.; revising legislative findings with
65respect to the options for mitigation relating to
66transportation projects; revising certain requirements for
67determining the habitat impacts of transportation
68projects; requiring water management districts to purchase
69credits from public or private mitigation banks under
70certain conditions; providing for the release of certain
71mitigation funds held for the benefit of a water
72management district if a project is excluded from a
73mitigation plan; requiring water management districts to
74use private mitigation banks in developing plans for
75complying with mitigation requirements; providing an
76exception; revising the procedure for excluding a project
77from a mitigation plan; amending s. 373.4141, F.S.;
78providing a limitation for the request of additional
79information from an applicant by the department; providing
80that failure of an applicant to respond to such a request
81within a specified time period constitutes withdrawal of
82the application; reducing the time within which the
83department or district must approve or deny a permit
84application; prohibiting a state agency or an agency of
85the state from requiring additional permits or approval
86from a local, state, or federal agency without explicit
87authority; amending s. 373.4144, F.S.; providing
88legislative intent with respect to the coordination of
89regulatory duties among specified state and federal
90agencies; requiring that the department report annually to
91the Legislature on efforts to expand the state
92programmatic general permit or regional general permits;
93providing for a voluntary state programmatic general
94permit for certain dredge and fill activities; amending s.
95373.41492, F.S.; authorizing the use of proceeds from the
96water treatment plant upgrade fee to pay for specified
97mitigation projects; requiring proceeds from the water
98treatment plant upgrade fee to be transferred by the
99Department of Revenue to the South Florida Water
100Management District and deposited into the Lake Belt
101Mitigation Trust Fund for a specified period of time;
102providing, after that period, for the proceeds of the
103water treatment plant upgrade fee to return to being
104transferred by the Department of Revenue to a trust fund
105established by Miami-Dade County for specified purposes;
106conforming a term; amending s. 373.441, F.S.; requiring
107that certain counties or municipalities apply by a
108specified date to the department or water management
109district for authority to require certain permits;
110providing that following such delegation, the department
111or district may not regulate activities that are subject
112to the delegation; clarifying the authority of local
113governments to adopt pollution control programs under
114certain conditions; amending s. 376.30715, F.S.; providing
115that the transfer of a contaminated site from an owner to
116a child of the owner or corporate entity does not
117disqualify the site from the innocent victim petroleum
118storage system restoration financial assistance program;
119authorizing certain applicants to reapply for financial
120assistance; amending s. 380.06, F.S.; exempting a proposed
121solid mineral mine or a proposed addition or expansion of
122an existing solid mineral mine from provisions governing
123developments of regional impact; providing certain
124exceptions; amending s. 380.0657, F.S.; authorizing
125expedited permitting for certain inland multimodal
126facilities that individually or collectively will create a
127minimum number of jobs; amending s. 403.061, F.S.;
128requiring the Department of Environmental Protection to
129establish reasonable zones of mixing for discharges into
130specified waters; providing that certain discharges do not
131create liability for site cleanup; providing that
132exceedance of soil cleanup target levels is not a basis
133for enforcement or cleanup; amending s. 403.087, F.S.;
134revising conditions under which the department is
135authorized to revoke environmental resource permits;
136creating s. 403.0874, F.S.; providing a short title;
137providing legislative findings and intent with respect to
138the consideration of the compliance history of a permit
139applicant; providing for applicability; specifying the
140period of compliance history to be considered is issuing
141or renewing a permit; providing criteria to be considered
142by the Department of Environmental Protection; authorizing
143expedited review of permit issuance, renewal,
144modification, and transfer; providing for a reduced number
145of inspections; providing for extended permit duration;
146authorizing the department to make additional incentives
147available under certain circumstances; providing for
148automatic permit renewal and reduced or waived fees under
149certain circumstances; requiring the department to adopt
150rules that are binding on a water management district or
151local government that has been delegated certain
152regulatory duties; amending s. 403.703, F.S.; revising the
153term "solid waste" to exclude sludge from a waste
154treatment works that is not discarded; amending s.
155403.707, F.S.; revising provisions relating to disposal by
156persons of solid waste resulting from their own activities
157on their property; clarifying what constitutes "addressed
158by a groundwater monitoring plan" with regard to certain
159effects on groundwater and surface waters; authorizing the
160disposal of solid waste over a zone of discharge;
161providing that exceedance of soil cleanup target levels is
162not a basis for enforcement or cleanup; providing that
163certain disposal of solid waste does not create liability
164for site cleanup; extending the duration of all permits
165issued to solid waste management facilities that meet
166specified criteria; providing an exception; providing for
167prorated permit fees; providing applicability; amending s.
168403.814, F.S.; providing for issuance of general permits
169for the construction, alteration, and maintenance of
170certain surface water management systems without the
171action of the department or a water management district;
172specifying conditions for the general permits; amending s.
173403.973, F.S.; authorizing expedited permitting for
174certain commercial or industrial development projects that
175individually or collectively will create a minimum number
176of jobs; providing for a project-specific memorandum of
177agreement to apply to a project subject to expedited
178permitting; clarifying the authority of the Department of
179Environmental Protection to enter final orders for the
180issuance of certain licenses; revising criteria for the
181review of certain sites; amending s. 526.203, F.S.;
182authorizing the sale of unblended fuels for certain uses;
183amending s. 604.50, F.S.; exempting farm fences from the
184Florida Building Code; revising the term "nonresidential
185farm building"; exempting nonresidential farm buildings
186and farm fences from county and municipal codes and fees;
187specifying that the exemptions do not apply to code
188provisions implementing certain floodplain regulations;
189revising the deadline for completion of the installation
190of fuel tank upgrades to secondary containment systems for
191specified properties; revising rules of the Department of
192Environmental Protection relating to the uniform
193mitigation assessment method for activities in surface
194waters and wetlands; directing the Department of
195Environmental Protection to make additional changes to
196conform; providing for reassessment of mitigation banks
197under certain conditions; providing an effective date.
199Be It Enacted by the Legislature of the State of Florida:
201     Section 1.  Paragraph (p) is added to subsection (2) of
202section 120.569, Florida Statutes, to read:
203     120.569  Decisions which affect substantial interests.-
204     (2)
205     (p)  For any proceeding arising under chapter 373, chapter
206378, or chapter 403, if a nonapplicant petitions as a third
207party to challenge an agency's issuance of a license or
208conceptual approval, the petitioner initiating the action has
209the burden of ultimate persuasion and, in the first instance,
210has the burden of going forward with the evidence.
211Notwithstanding subsection (1), this paragraph applies to
212proceedings under s. 120.574.
213     Section 2.  Section 125.0112, Florida Statutes, is created
214to read:
215     125.0112  Biofuels and renewable energy.-The construction
216and operation of a biofuel processing facility or a renewable
217energy generating facility, as defined in s. 366.91(2)(d), and
218the cultivation and production of bioenergy, as defined pursuant
219to s. 163.3177, except where biomass material derived from
220municipal solid waste or landfill gases provides the renewable
221energy for such facilities, shall be considered by a local
222government to be a valid industrial, agricultural, and
223silvicultural use permitted within those land use categories in
224the local comprehensive land use plan. If the local
225comprehensive plan does not specifically allow for the
226construction of a biofuel processing facility or renewable
227energy facility, the local government shall establish a specific
228review process that may include expediting local review of any
229necessary comprehensive plan amendment, zoning change, use
230permit, waiver, variance, or special exemption. Local expedited
231review of a proposed biofuel processing facility or a renewable
232energy facility does not obligate a local government to approve
233such proposed use. A comprehensive plan amendment necessary to
234accommodate a biofuel processing facility or renewable energy
235facility shall, if approved by the local government, be eligible
236for the alternative state review process in s. 163.32465. The
237construction and operation of a facility and related
238improvements on a portion of a property under this section does
239not affect the remainder of the property's classification as
240agricultural under s. 193.461.
241     Section 3.  Section 125.022, Florida Statutes, is amended
242to read:
243     125.022  Development permits.-When a county denies an
244application for a development permit, the county shall give
245written notice to the applicant. The notice must include a
246citation to the applicable portions of an ordinance, rule,
247statute, or other legal authority for the denial of the permit.
248As used in this section, the term "development permit" has the
249same meaning as in s. 163.3164. A county may not require as a
250condition of processing a development permit that an applicant
251obtain a permit or approval from any other state or federal
252agency unless the agency has issued a notice of intent to deny
253the federal or state permit before the county action on the
254local development permit. Issuance of a development permit by a
255county does not in any way create any rights on the part of the
256applicant to obtain a permit from another state or federal
257agency and does not create any liability on the part of the
258county for issuance of the permit if the applicant fails to
259fulfill its legal obligations to obtain requisite approvals or
260fulfill the obligations imposed by another state or a federal
261agency. A county may attach such a disclaimer to the issuance of
262a development permit, and may include a permit condition that
263all other applicable state or federal permits be obtained before
264commencement of the development. This section does not prohibit
265a county from providing information to an applicant regarding
266what other state or federal permits may apply.
267     Section 4.  Section 161.032, Florida Statutes, is created
268to read:
269     161.032  Application review; request for additional
271     (1)  Within 30 days after receipt of an application for a
272permit under this part, the department shall review the
273application and shall request submission of any additional
274information the department is permitted by law to require. If
275the applicant believes that a request for additional information
276is not authorized by law or rule, the applicant may request a
277hearing pursuant to s. 120.57. Within 30 days after receipt of
278such additional information, the department shall review such
279additional information and may request only that information
280needed to clarify such additional information or to answer new
281questions raised by or directly related to such additional
282information. If the applicant believes that the request for such
283additional information by the department is not authorized by
284law or rule, the department, at the applicant's request, shall
285proceed to process the permit application.
286     (2)  Notwithstanding s. 120.60, an applicant for a permit
287under this part has 90 days after the date of a timely request
288for additional information to submit such information. If an
289applicant requires more than 90 days in order to respond to a
290request for additional information, the applicant must notify
291the agency processing the permit application in writing of the
292circumstances, at which time the application shall be held in
293active status for no more than one additional period of up to 90
294days. Additional extensions may be granted for good cause shown
295by the applicant. A showing that the applicant is making a
296diligent effort to obtain the requested additional information
297constitutes good cause. Failure of an applicant to provide the
298timely requested information by the applicable deadline shall
299result in denial of the application without prejudice.
300     Section 5.  Subsections (5), (6), and (7) are added to
301section 161.041, Florida Statutes, to read:
302     161.041  Permits required.-
303     (5)  The provisions of s. 403.0874, relating to the
304incentive-based permitting program, apply to all permits issued
305under this chapter.
306     (6)  The department may not require as a permit condition
307sediment quality specifications or turbidity standards more
308stringent than those provided for in this chapter, chapter 373,
309or the Florida Administrative Code. The department may not issue
310guidelines that are enforceable as standards without going
311through the rulemaking process pursuant to chapter 120.
312     (7)  As an incentive for permit applicants, it is the
313Legislature's intent to simplify the permitting for periodic
314maintenance of beach renourishment projects previously permitted
315and restored under the joint coastal permit process pursuant to
316this section or part IV of chapter 373. The department shall
317amend chapters 62B-41 and 62B-49 of the Florida Administrative
318Code to streamline the permitting process for periodic
319maintenance projects.
320     Section 6.  Subsection (10) of section 163.3180, Florida
321Statutes, is amended to read:
322     163.3180  Concurrency.-
323     (10)(a)  Except in transportation concurrency exception
324areas, with regard to roadway facilities on the Strategic
325Intermodal System designated in accordance with s. 339.63, local
326governments shall adopt the level-of-service standard
327established by the Department of Transportation by rule.
328However, if the Office of Tourism, Trade, and Economic
329Development concurs in writing with the local government that
330the proposed development is for a qualified job creation project
331under s. 288.0656 or s. 403.973, the affected local government,
332after consulting with the Department of Transportation, may
333provide for a waiver of transportation concurrency for the
334project. For all other roads on the State Highway System, local
335governments shall establish an adequate level-of-service
336standard that need not be consistent with any level-of-service
337standard established by the Department of Transportation. In
338establishing adequate level-of-service standards for any
339arterial roads, or collector roads as appropriate, which
340traverse multiple jurisdictions, local governments shall
341consider compatibility with the roadway facility's adopted
342level-of-service standards in adjacent jurisdictions. Each local
343government within a county shall use a professionally accepted
344methodology for measuring impacts on transportation facilities
345for the purposes of implementing its concurrency management
346system. Counties are encouraged to coordinate with adjacent
347counties, and local governments within a county are encouraged
348to coordinate, for the purpose of using common methodologies for
349measuring impacts on transportation facilities for the purpose
350of implementing their concurrency management systems.
351     (b)  There shall be a limited exemption from the Strategic
352Intermodal System adopted level-of-service standards for new or
353redevelopment projects consistent with the local comprehensive
354plan as inland multimodal facilities receiving or sending cargo
355for distribution and providing cargo storage, consolidation,
356repackaging, and transfer of goods, and which may, if developed
357as proposed, include other intermodal terminals, related
358transportation facilities, warehousing and distribution
359facilities, and associated office space, light industrial,
360manufacturing, and assembly uses. The limited exemption applies
361if the project meets all of the following criteria:
362     1.  The project will not cause the adopted level-of-service
363standards for the Strategic Intermodal System facilities to be
364exceeded by more than 150 percent within the first 5 years of
365the project's development.
366     2.  The project, upon completion, would result in the
367creation of at least 50 full-time jobs.
368     3.  The project is compatible with existing and planned
369adjacent land uses.
370     4.  The project is consistent with local and regional
371economic development goals or plans.
372     5.  The project is proximate to regionally significant road
373and rail transportation facilities.
374     6.  The project is proximate to a community having an
375unemployment rate, as of the date of the development order
376application, which is 10 percent or more above the statewide
377reported average.
378     Section 7.  Section 166.033, Florida Statutes, is amended
379to read:
380     166.033  Development permits.-When a municipality denies an
381application for a development permit, the municipality shall
382give written notice to the applicant. The notice must include a
383citation to the applicable portions of an ordinance, rule,
384statute, or other legal authority for the denial of the permit.
385As used in this section, the term "development permit" has the
386same meaning as in s. 163.3164. A municipality may not require
387as a condition of processing a development permit that an
388applicant obtain a permit or approval from any other state or
389federal agency unless the agency has issued a notice of intent
390to deny the federal or state permit before the municipal action
391on the local development permit. Issuance of a development
392permit by a municipality does not in any way create any right on
393the part of an applicant to obtain a permit from another state
394or federal agency and does not create any liability on the part
395of the municipality for issuance of the permit if the applicant
396fails to fulfill its legal obligations to obtain requisite
397approvals or fulfill the obligations imposed by another state or
398federal agency. A municipality may attach such a disclaimer to
399the issuance of development permits and may include a permit
400condition that all other applicable state or federal permits be
401obtained before commencement of the development. This section
402does not prohibit a municipality from providing information to
403an applicant regarding what other state or federal permits may
405     Section 8.  Section 166.0447, Florida Statutes, is created
406to read:
407     166.0447  Biofuels and renewable energy.-The construction
408and operation of a biofuel processing facility or a renewable
409energy generating facility, as defined in s. 366.91(2)(d), and
410the cultivation and production of bioenergy, as defined pursuant
411to s. 163.3177, except where biomass material derived from
412municipal solid waste or landfill gases provides the renewable
413energy for such facilities, are each a valid industrial,
414agricultural, and silvicultural use permitted within those land
415use categories in the local comprehensive land use plan and for
416purposes of any local zoning regulation within an incorporated
417area of a municipality. Such comprehensive land use plans and
418local zoning regulations may not require the owner or operator
419of a biofuel processing facility or a renewable energy
420generating facility to obtain any comprehensive plan amendment,
421rezoning, special exemption, use permit, waiver, or variance, or
422to pay any special fee in excess of $1,000 to operate in an area
423zoned for or categorized as industrial, agricultural, or
424silvicultural use. This section does not exempt biofuel
425processing facilities and renewable energy generating facilities
426from complying with building code requirements. The construction
427and operation of a facility and related improvements on a
428portion of a property pursuant to this section does not affect
429the remainder of that property's classification as agricultural
430pursuant to s. 193.461.
431     Section 9.  Subsection (10) is added to section 373.026,
432Florida Statutes, to read:
433     373.026  General powers and duties of the department.-The
434department, or its successor agency, shall be responsible for
435the administration of this chapter at the state level. However,
436it is the policy of the state that, to the greatest extent
437possible, the department may enter into interagency or
438interlocal agreements with any other state agency, any water
439management district, or any local government conducting programs
440related to or materially affecting the water resources of the
441state. All such agreements shall be subject to the provisions of
442s. 373.046. In addition to its other powers and duties, the
443department shall, to the greatest extent possible:
444     (10)  Expand the use of Internet-based self-certification
445services for appropriate exemptions and general permits issued
446by the department and the water management districts, if such
447expansion is economically feasible. In addition to expanding the
448use of Internet-based self-certification services for
449appropriate exemptions and general permits, the department and
450water management districts shall identify and develop general
451permits for appropriate activities currently requiring
452individual review which could be expedited through the use of
453applicable professional certification.
454     Section 10.  Subsection (6) is added to section 373.413,
455Florida Statutes, to read:
456     373.413  Permits for construction or alteration.-
457     (6)  The provisions of s. 403.0874, relating to the
458incentive-based permitting program, apply to permits issued
459under this section.
460     Section 11.  Subsections (1) and (2), paragraph (c) of
461subsection (3), and subsection (4) of section 373.4137, Florida
462Statutes, are amended to read:
463     373.4137  Mitigation requirements for specified
464transportation projects.-
465     (1)  The Legislature finds that environmental mitigation
466for the impact of transportation projects proposed by the
467Department of Transportation or a transportation authority
468established pursuant to chapter 348 or chapter 349 can be more
469effectively achieved by regional, long-range mitigation planning
470rather than on a project-by-project basis. It is the intent of
471the Legislature that mitigation to offset the adverse effects of
472these transportation projects be funded by the Department of
473Transportation and be carried out by the water management
474districts, through including the use of private mitigation banks
475if available or, if a private mitigation bank is not available,
476through any other mitigation options that satisfy state and
477federal requirements established pursuant to this part.
478     (2)  Environmental impact inventories for transportation
479projects proposed by the Department of Transportation or a
480transportation authority established pursuant to chapter 348 or
481chapter 349 shall be developed as follows:
482     (a)  By July 1 of each year, the Department of
483Transportation or a transportation authority established
484pursuant to chapter 348 or chapter 349 which chooses to
485participate in this program shall submit to the water management
486districts a list copy of its projects in the adopted work
487program and an environmental impact inventory of habitats
488addressed in the rules adopted pursuant to this part and s. 404
489of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
490by its plan of construction for transportation projects in the
491next 3 years of the tentative work program. The Department of
492Transportation or a transportation authority established
493pursuant to chapter 348 or chapter 349 may also include in its
494environmental impact inventory the habitat impacts of any future
495transportation project. The Department of Transportation and
496each transportation authority established pursuant to chapter
497348 or chapter 349 may fund any mitigation activities for future
498projects using current year funds.
499     (b)  The environmental impact inventory shall include a
500description of these habitat impacts, including their location,
501acreage, and type; state water quality classification of
502impacted wetlands and other surface waters; any other state or
503regional designations for these habitats; and a list survey of
504threatened species, endangered species, and species of special
505concern affected by the proposed project.
506     (3)
507     (c)  Except for current mitigation projects in the
508monitoring and maintenance phase and except as allowed by
509paragraph (d), the water management districts may request a
510transfer of funds from an escrow account no sooner than 30 days
511prior to the date the funds are needed to pay for activities
512associated with development or implementation of the approved
513mitigation plan described in subsection (4) for the current
514fiscal year, including, but not limited to, design, engineering,
515production, and staff support. Actual conceptual plan
516preparation costs incurred before plan approval may be submitted
517to the Department of Transportation or the appropriate
518transportation authority each year with the plan. The conceptual
519plan preparation costs of each water management district will be
520paid from mitigation funds associated with the environmental
521impact inventory for the current year. The amount transferred to
522the escrow accounts each year by the Department of
523Transportation and participating transportation authorities
524established pursuant to chapter 348 or chapter 349 shall
525correspond to a cost per acre of $75,000 multiplied by the
526projected acres of impact identified in the environmental impact
527inventory described in subsection (2). However, the $75,000 cost
528per acre does not constitute an admission against interest by
529the state or its subdivisions nor is the cost admissible as
530evidence of full compensation for any property acquired by
531eminent domain or through inverse condemnation. Each July 1, the
532cost per acre shall be adjusted by the percentage change in the
533average of the Consumer Price Index issued by the United States
534Department of Labor for the most recent 12-month period ending
535September 30, compared to the base year average, which is the
536average for the 12-month period ending September 30, 1996. Each
537quarter, the projected acreage of impact shall be reconciled
538with the acreage of impact of projects as permitted, including
539permit modifications, pursuant to this part and s. 404 of the
540Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
541of funds shall be adjusted accordingly to reflect the acreage of
542impacts as permitted. The Department of Transportation and
543participating transportation authorities established pursuant to
544chapter 348 or chapter 349 are authorized to transfer such funds
545from the escrow accounts to the water management districts to
546carry out the mitigation programs. Environmental mitigation
547funds that are identified or maintained in an escrow account for
548the benefit of a water management district may be released if
549the associated transportation project is excluded in whole or
550part from the mitigation plan. For a mitigation project that is
551in the maintenance and monitoring phase, the water management
552district may request and receive a one-time payment based on the
553project's expected future maintenance and monitoring costs. Upon
554disbursement of the final maintenance and monitoring payment,
555the department or the participating transportation authorities'
556obligation will be satisfied, the water management district will
557have continuing responsibility for the mitigation project, and
558the escrow account for the project established by the Department
559of Transportation or the participating transportation authority
560may be closed. Any interest earned on these disbursed funds
561shall remain with the water management district and must be used
562as authorized under this section.
563     (4)  Prior to March 1 of each year, each water management
564district, in consultation with the Department of Environmental
565Protection, the United States Army Corps of Engineers, the
566Department of Transportation, participating transportation
567authorities established pursuant to chapter 348 or chapter 349,
568and other appropriate federal, state, and local governments, and
569other interested parties, including entities operating
570mitigation banks, shall develop a plan for the primary purpose
571of complying with the mitigation requirements adopted pursuant
572to this part and 33 U.S.C. s. 1344. In developing such plans,
573private mitigation banks shall be used if available or, if a
574private mitigation bank is not available, the districts shall
575use utilize sound ecosystem management practices to address
576significant water resource needs and shall focus on activities
577of the Department of Environmental Protection and the water
578management districts, such as surface water improvement and
579management (SWIM) projects and lands identified for potential
580acquisition for preservation, restoration or enhancement, and
581the control of invasive and exotic plants in wetlands and other
582surface waters, to the extent that such activities comply with
583the mitigation requirements adopted under this part and 33
584U.S.C. s. 1344. In determining the activities to be included in
585such plans, the districts shall also consider the purchase of
586credits from public or private mitigation banks permitted under
587s. 373.4136 and associated federal authorization and shall
588include such purchase as a part of the mitigation plan when such
589purchase would offset the impact of the transportation project,
590provide equal benefits to the water resources than other
591mitigation options being considered, and provide the most cost-
592effective mitigation option. The mitigation plan shall be
593submitted to the water management district governing board, or
594its designee, for review and approval. At least 14 days prior to
595approval, the water management district shall provide a copy of
596the draft mitigation plan to any person who has requested a
598     (a)  For each transportation project with a funding request
599for the next fiscal year, the mitigation plan must include a
600brief explanation of why a mitigation bank was or was not chosen
601as a mitigation option, including an estimation of identifiable
602costs of the mitigation bank and nonbank options to the extent
604     (b)  Specific projects may be excluded from the mitigation
605plan, in whole or in part, and shall not be subject to this
606section upon the election agreement of the Department of
607Transportation, or a transportation authority if applicable, or
608and the appropriate water management district that the inclusion
609of such projects would hamper the efficiency or timeliness of
610the mitigation planning and permitting process. The water
611management district may choose to exclude a project in whole or
612in part if the district is unable to identify mitigation that
613would offset impacts of the project.
614     Section 12.  Section 373.4141, Florida Statutes, is amended
615to read:
616     373.4141  Permits; processing.-
617     (1)  Within 30 days after receipt of an application for a
618permit under this part, the department or the water management
619district shall review the application and shall request
620submittal of all additional information the department or the
621water management district is permitted by law to require. If the
622applicant believes any request for additional information is not
623authorized by law or rule, the applicant may request a hearing
624pursuant to s. 120.57. Within 30 days after receipt of such
625additional information, the department or water management
626district shall review it and may request only that information
627needed to clarify such additional information or to answer new
628questions raised by or directly related to such additional
629information. If the applicant believes the request of the
630department or water management district for such additional
631information is not authorized by law or rule, the department or
632water management district, at the applicant's request, shall
633proceed to process the permit application. The department or
634water management district may request additional information no
635more than twice unless the applicant waives this limitation in
636writing. If the applicant does not provide a written response to
637the second request for additional information within 90 days or
638another time period mutually agreed upon between the applicant
639and the department or water management district, the application
640shall be considered withdrawn.
641     (2)  A permit shall be approved or denied within 60 90 days
642after receipt of the original application, the last item of
643timely requested additional material, or the applicant's written
644request to begin processing the permit application.
645     (3)  Processing of applications for permits for affordable
646housing projects shall be expedited to a greater degree than
647other projects.
648     (4)  A state agency or an agency of the state may not
649require as a condition of approval for a permit or as an item to
650complete a pending permit application that an applicant obtain a
651permit or approval from any other local, state, or federal
652agency without explicit statutory authority to require such
653permit or approval.
654     Section 13.  Section 373.4144, Florida Statutes, is amended
655to read:
656     373.4144  Federal environmental permitting.-
657     (1)  It is the intent of the Legislature to:
658     (a)  Facilitate coordination and a more efficient process
659of implementing regulatory duties and functions between the
660Department of Environmental Protection, the water management
661districts, the United States Army Corps of Engineers, the United
662States Fish and Wildlife Service, the National Marine Fisheries
663Service, the United States Environmental Protection Agency, the
664Fish and Wildlife Conservation Commission, and other relevant
665federal and state agencies.
666     (b)  Authorize the Department of Environmental Protection
667to obtain issuance by the United States Army Corps of Engineers,
668pursuant to state and federal law and as set forth in this
669section, of an expanded state programmatic general permit, or a
670series of regional general permits, for categories of activities
671in waters of the United States governed by the Clean Water Act
672and in navigable waters under the Rivers and Harbors Act of 1899
673which are similar in nature, which will cause only minimal
674adverse environmental effects when performed separately, and
675which will have only minimal cumulative adverse effects on the
677     (c)  Use the mechanism of such a state general permit or
678such regional general permits to eliminate overlapping federal
679regulations and state rules that seek to protect the same
680resource and to avoid duplication of permitting between the
681United States Army Corps of Engineers and the department for
682minor work located in waters of the United States, including
683navigable waters, thus eliminating, in appropriate cases, the
684need for a separate individual approval from the United States
685Army Corps of Engineers while ensuring the most stringent
686protection of wetland resources.
687     (d)  Direct the department not to seek issuance of or take
688any action pursuant to any such permit or permits unless such
689conditions are at least as protective of the environment and
690natural resources as existing state law under this part and
691federal law under the Clean Water Act and the Rivers and Harbors
692Act of 1899. The department is directed to develop, on or before
693October 1, 2005, a mechanism or plan to consolidate, to the
694maximum extent practicable, the federal and state wetland
695permitting programs. It is the intent of the Legislature that
696all dredge and fill activities impacting 10 acres or less of
697wetlands or waters, including navigable waters, be processed by
698the state as part of the environmental resource permitting
699program implemented by the department and the water management
700districts. The resulting mechanism or plan shall analyze and
701propose the development of an expanded state programmatic
702general permit program in conjunction with the United States
703Army Corps of Engineers pursuant to s. 404 of the Clean Water
704Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
705and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
706or in combination with an expanded state programmatic general
707permit, the mechanism or plan may propose the creation of a
708series of regional general permits issued by the United States
709Army Corps of Engineers pursuant to the referenced statutes. All
710of the regional general permits must be administered by the
711department or the water management districts or their designees.
712     (2)  In order to effectuate efficient wetland permitting
713and avoid duplication, the department and water management
714districts are authorized to implement a voluntary state
715programmatic general permit for all dredge and fill activities
716impacting 3 acres or less of wetlands or other surface waters,
717including navigable waters, subject to agreement with the United
718States Army Corps of Engineers, if the general permit is at
719least as protective of the environment and natural resources as
720existing state law under this part and federal law under the
721Clean Water Act and the Rivers and Harbors Act of 1899. The
722department is directed to file with the Speaker of the House of
723Representatives and the President of the Senate a report
724proposing any required federal and state statutory changes that
725would be necessary to accomplish the directives listed in this
726section and to coordinate with the Florida Congressional
727Delegation on any necessary changes to federal law to implement
728the directives.
729     (3)  Nothing in this section shall be construed to preclude
730the department from pursuing a series of regional general
731permits for construction activities in wetlands or surface
732waters or complete assumption of federal permitting programs
733regulating the discharge of dredged or fill material pursuant to
734s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
73533 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
736Act of 1899, so long as the assumption encompasses all dredge
737and fill activities in, on, or over jurisdictional wetlands or
738waters, including navigable waters, within the state.
739     Section 14.  Subsections (2) and (3), paragraph (a) of
740subsection (4), and paragraph (a) of subsection (6) of section
741373.41492, Florida Statutes, are amended to read:
742     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
743mitigation for mining activities within the Miami-Dade County
744Lake Belt.-
745     (2)  To provide for the mitigation of wetland resources
746lost to mining activities within the Miami-Dade County Lake Belt
747Plan, effective October 1, 1999, a mitigation fee is imposed on
748each ton of limerock and sand extracted by any person who
749engages in the business of extracting limerock or sand from
750within the Miami-Dade County Lake Belt Area and the east one-
751half of sections 24 and 25 and all of sections 35 and 36,
752Township 53 South, Range 39 East. The mitigation fee is imposed
753for each ton of limerock and sand sold from within the
754properties where the fee applies in raw, processed, or
755manufactured form, including, but not limited to, sized
756aggregate, asphalt, cement, concrete, and other limerock and
757concrete products. The mitigation fee imposed by this subsection
758for each ton of limerock and sand sold shall be 12 cents per ton
759beginning January 1, 2007; 18 cents per ton beginning January 1,
7602008; 24 cents per ton beginning January 1, 2009; and 45 cents
761per ton beginning close of business December 31, 2011. To pay
762for seepage mitigation projects, including hydrological
763structures, as authorized in an environmental resource permit
764issued by the department for mining activities within the Miami-
765Dade County Lake Belt Area, and to upgrade a water treatment
766plant that treats water coming from the Northwest Wellfield in
767Miami-Dade County, a water treatment plant upgrade fee is
768imposed within the same Lake Belt Area subject to the mitigation
769fee and upon the same kind of mined limerock and sand subject to
770the mitigation fee. The water treatment plant upgrade fee
771imposed by this subsection for each ton of limerock and sand
772sold shall be 15 cents per ton beginning on January 1, 2007, and
773the collection of this fee shall cease once the total amount of
774proceeds collected for this fee reaches the amount of the actual
775moneys necessary to design and construct the water treatment
776plant upgrade, as determined in an open, public solicitation
777process. Any limerock or sand that is used within the mine from
778which the limerock or sand is extracted is exempt from the fees.
779The amount of the mitigation fee and the water treatment plant
780upgrade fee imposed under this section must be stated separately
781on the invoice provided to the purchaser of the limerock or sand
782product from the limerock or sand miner, or its subsidiary or
783affiliate, for which the fee or fees apply. The limerock or sand
784miner, or its subsidiary or affiliate, who sells the limerock or
785sand product shall collect the mitigation fee and the water
786treatment plant upgrade fee and forward the proceeds of the fees
787to the Department of Revenue on or before the 20th day of the
788month following the calendar month in which the sale occurs. As
789used in this section, the term "proceeds of the fee" means all
790funds collected and received by the Department of Revenue under
791this section, including interest and penalties on delinquent
792fees. The amount deducted for administrative costs may not
793exceed 3 percent of the total revenues collected under this
794section and may equal only those administrative costs reasonably
795attributable to the fees.
796     (3)  The mitigation fee and the water treatment plant
797upgrade fee imposed by this section must be reported to the
798Department of Revenue. Payment of the mitigation and the water
799treatment plant upgrade fees must be accompanied by a form
800prescribed by the Department of Revenue. The proceeds of the
801mitigation fee, less administrative costs, must be transferred
802by the Department of Revenue to the South Florida Water
803Management District and deposited into the Lake Belt Mitigation
804Trust Fund. Beginning January 1, 2012, and ending December 31,
8052017, or upon issuance of water quality certification by the
806department for mining activities within Phase II of the Miami-
807Dade County Lake Belt Plan, whichever occurs later, the proceeds
808of the water treatment plant upgrade fee, less administrative
809costs, must be transferred by the Department of Revenue to the
810South Florida Water Management District and deposited into the
811Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the
812proceeds of the water treatment plant upgrade fee, less
813administrative costs, must be transferred by the Department of
814Revenue to a trust fund established by Miami-Dade County, for
815the sole purpose authorized by paragraph (6)(a). As used in this
816section, the term "proceeds of the fee" means all funds
817collected and received by the Department of Revenue under this
818section, including interest and penalties on delinquent fees.
819The amount deducted for administrative costs may not exceed 3
820percent of the total revenues collected under this section and
821may equal only those administrative costs reasonably
822attributable to the fees.
823     (4)(a)  The Department of Revenue shall administer,
824collect, and enforce the mitigation and water treatment plant
825upgrade fees authorized under this section in accordance with
826the procedures used to administer, collect, and enforce the
827general sales tax imposed under chapter 212. The provisions of
828chapter 212 with respect to the authority of the Department of
829Revenue to audit and make assessments, the keeping of books and
830records, and the interest and penalties imposed on delinquent
831fees apply to this section. The fees may not be included in
832computing estimated taxes under s. 212.11, and the dealer's
833credit for collecting taxes or fees provided for in s. 212.12
834does not apply to the fees imposed by this section.
835     (6)(a)  The proceeds of the mitigation fee must be used to
836conduct mitigation activities that are appropriate to offset the
837loss of the value and functions of wetlands as a result of
838mining activities and must be used in a manner consistent with
839the recommendations contained in the reports submitted to the
840Legislature by the Miami-Dade County Lake Belt Plan
841Implementation Committee and adopted under s. 373.4149. Such
842mitigation may include the purchase, enhancement, restoration,
843and management of wetlands and uplands, the purchase of
844mitigation credit from a permitted mitigation bank, and any
845structural modifications to the existing drainage system to
846enhance the hydrology of the Miami-Dade County Lake Belt Area.
847Funds may also be used to reimburse other funding sources,
848including the Save Our Rivers Land Acquisition Program, the
849Internal Improvement Trust Fund, the South Florida Water
850Management District, and Miami-Dade County, for the purchase of
851lands that were acquired in areas appropriate for mitigation due
852to rock mining and to reimburse governmental agencies that
853exchanged land under s. 373.4149 for mitigation due to rock
854mining. The proceeds of the water treatment plant upgrade fee
855that are deposited into the Lake Belt Mitigation Trust Fund
856shall be used solely to pay for seepage mitigation projects,
857including groundwater or surface water management structures, as
858authorized in an environmental resource permit issued by the
859department for mining activities within the Miami-Dade County
860Lake Belt Area. The proceeds of the water treatment plant
861upgrade fee that are transferred to a trust fund established by
862Miami-Dade County shall be used to upgrade a water treatment
863plant that treats water coming from the Northwest Wellfield in
864Miami-Dade County. As used in this section, the terms "upgrade a
865water treatment plant" or "water treatment plant upgrade" means
866those works necessary to treat or filter a surface water source
867or supply or both.
868     Section 15.  Present subsections (3), (4), and (5) of
869section 373.441, Florida Statutes, are renumbered as subsections
870(6), (7), and (8), respectively, and new subsections (3), (4),
871and (5) are added to that section to read:
872     373.441  Role of counties, municipalities, and local
873pollution control programs in permit processing; delegation.-
874     (3)  A county having a population of 75,000 or more or a
875municipality having a population of more than 50,000 that
876implements a local pollution control program regulating wetlands
877or surface waters throughout its geographic boundary must apply
878for delegation of state environmental resource permitting
879authority on or before June 1, 2012. A county, municipality, or
880local pollution control program that fails to receive delegation
881of authority by June 1, 2013, may not require permits that in
882part or in full are substantially similar to the requirements
883needed to obtain an environmental resource permit.
884     (4)  Upon delegation to a qualified local government, the
885department and water management district may not regulate the
886activities subject to the delegation within that jurisdiction
887unless regulation is required pursuant to the terms of the
888delegation agreement.
889     (5)  This section does not prohibit or limit a local
890government from adopting a pollution control program regulating
891wetlands or surface waters after June 1, 2012, if the local
892government applies for and receives delegation of state
893environmental resource permitting authority within 1 year after
894adopting such a program.
895     Section 16.  Section 376.30715, Florida Statutes, is
896amended to read:
897     376.30715  Innocent victim petroleum storage system
898restoration.-A contaminated site acquired by the current owner
899prior to July 1, 1990, which has ceased operating as a petroleum
900storage or retail business prior to January 1, 1985, is eligible
901for financial assistance pursuant to s. 376.305(6),
902notwithstanding s. 376.305(6)(a). For purposes of this section,
903the term "acquired" means the acquisition of title to the
904property; however, a subsequent transfer of the property to a
905spouse or child of the owner, a surviving spouse or child of the
906owner in trust or free of trust, or a revocable trust created
907for the benefit of the settlor, or a corporate entity created by
908the owner to hold title to the site does not disqualify the site
909from financial assistance pursuant to s. 376.305(6) and
910applicants previously denied coverage may reapply. Eligible
911sites shall be ranked in accordance with s. 376.3071(5).
912     Section 17.  Paragraph (u) is added to subsection (24) of
913section 380.06, Florida Statutes, to read:
914     380.06  Developments of regional impact.-
916     (u)  Any proposed solid mineral mine and any proposed
917addition to, expansion of, or change to an existing solid
918mineral mine is exempt from the provisions of this section.
919Proposed changes to any previously approved solid mineral mine
920development-of-regional-impact development orders having vested
921rights is not subject to further review or approval as a
922development of regional impact or notice of proposed change
923review or approval pursuant to subsection (19), except for those
924applications pending as of July 1, 2011, which shall be governed
925by s. 380.115(2). Notwithstanding the foregoing, however,
926pursuant to s. 380.115(1), previously approved solid mineral
927mine development-of-regional-impact development orders shall
928continue to enjoy vested rights and continue to be effective
929unless rescinded by the developer.
931If a use is exempt from review as a development of regional
932impact under paragraphs (a)-(s), but will be part of a larger
933project that is subject to review as a development of regional
934impact, the impact of the exempt use must be included in the
935review of the larger project, unless such exempt use involves a
936development of regional impact that includes a landowner,
937tenant, or user that has entered into a funding agreement with
938the Office of Tourism, Trade, and Economic Development under the
939Innovation Incentive Program and the agreement contemplates a
940state award of at least $50 million.
941     Section 18.  Subsection (1) of section 380.0657, Florida
942Statutes, is amended to read:
943     380.0657  Expedited permitting process for economic
944development projects.-
945     (1)  The Department of Environmental Protection and, as
946appropriate, the water management districts created under
947chapter 373 shall adopt programs to expedite the processing of
948wetland resource and environmental resource permits for economic
949development projects that have been identified by a municipality
950or county as meeting the definition of target industry
951businesses under s. 288.106, or any inland multimodal facility,
952receiving or sending cargo to or from Florida ports, with the
953exception of those projects requiring approval by the Board of
954Trustees of the Internal Improvement Trust Fund.
955     Section 19.  Subsection (11) of section 403.061, Florida
956Statutes, is amended to read:
957     403.061  Department; powers and duties.-The department
958shall have the power and the duty to control and prohibit
959pollution of air and water in accordance with the law and rules
960adopted and promulgated by it and, for this purpose, to:
961     (11)  Establish ambient air quality and water quality
962standards for the state as a whole or for any part thereof, and
963also standards for the abatement of excessive and unnecessary
964noise. The department shall is authorized to establish
965reasonable zones of mixing for discharges into waters where
966assimilative capacity in the receiving water is available. Zones
967of discharge to groundwater are authorized to a facility or
968owner's property boundary and extending to the base of a
969specifically designated aquifer or aquifers. Discharges that
970occur within a zone of discharge or on land that is over a zone
971of discharge do not create liability under this chapter or
972chapter 376 for site cleanup and the exceedance of soil cleanup
973target levels is not a basis for enforcement or site cleanup.
974     (a)  When a receiving body of water fails to meet a water
975quality standard for pollutants set forth in department rules, a
976steam electric generating plant discharge of pollutants that is
977existing or licensed under this chapter on July 1, 1984, may
978nevertheless be granted a mixing zone, provided that:
979     1.  The standard would not be met in the water body in the
980absence of the discharge;
981     2.  The discharge is in compliance with all applicable
982technology-based effluent limitations;
983     3.  The discharge does not cause a measurable increase in
984the degree of noncompliance with the standard at the boundary of
985the mixing zone; and
986     4.  The discharge otherwise complies with the mixing zone
987provisions specified in department rules.
988     (b)  No mixing zone for point source discharges shall be
989permitted in Outstanding Florida Waters except for:
990     1.  Sources that have received permits from the department
991prior to April 1, 1982, or the date of designation, whichever is
993     2.  Blowdown from new power plants certified pursuant to
994the Florida Electrical Power Plant Siting Act;
995     3.  Discharges of water necessary for water management
996purposes which have been approved by the governing board of a
997water management district and, if required by law, by the
998secretary; and
999     4.  The discharge of demineralization concentrate which has
1000been determined permittable under s. 403.0882 and which meets
1001the specific provisions of s. 403.0882(4)(a) and (b), if the
1002proposed discharge is clearly in the public interest.
1003     (c)  The department, by rule, shall establish water quality
1004criteria for wetlands which criteria give appropriate
1005recognition to the water quality of such wetlands in their
1006natural state.
1008Nothing in this act shall be construed to invalidate any
1009existing department rule relating to mixing zones. The
1010department shall cooperate with the Department of Highway Safety
1011and Motor Vehicles in the development of regulations required by
1012s. 316.272(1).
1014The department shall implement such programs in conjunction with
1015its other powers and duties and shall place special emphasis on
1016reducing and eliminating contamination that presents a threat to
1017humans, animals or plants, or to the environment.
1018     Section 20.  Subsection (7) of section 403.087, Florida
1019Statutes, is amended to read:
1020     403.087  Permits; general issuance; denial; revocation;
1021prohibition; penalty.-
1022     (7)  A permit issued pursuant to this section shall not
1023become a vested right in the permittee. The department may
1024revoke any permit issued by it if it finds that the permitholder
1026     (a)  Has Submitted false or inaccurate information in the
1027his or her application for such permit;
1028     (b)  Has Violated law, department orders, rules, or
1029regulations, or permit conditions;
1030     (c)  Has Failed to submit operational reports or other
1031information required by department rule which directly relate to
1032such permit and has refused to correct or cure such violations
1033when requested to do so or regulation; or
1034     (d)  Has Refused lawful inspection under s. 403.091 at the
1035facility authorized by such permit.
1036     Section 21.  Section 403.0874, Florida Statutes, is created
1037to read:
1038     403.0874  Incentive-based permitting program.-
1039     (1)  SHORT TITLE.-This section may be cited as the "Florida
1040Incentive-based Permitting Act."
1041     (2)  FINDINGS AND INTENT.-The Legislature finds and
1042declares that the department should consider compliance history
1043when deciding whether to issue, renew, amend, or modify a permit
1044by evaluating an applicant's site-specific and program-specific
1045relevant aggregate compliance history. Persons having a history
1046of complying with applicable permits or state environmental laws
1047and rules are eligible for permitting benefits, including, but
1048not limited to, expedited permit application reviews, longer-
1049duration permit periods, decreased announced compliance
1050inspections, and other similar regulatory and compliance
1051incentives to encourage and reward such persons for their
1052environmental performance.
1053     (3)  APPLICABILITY.-
1054     (a)  This section applies to all persons and regulated
1055activities that are subject to the permitting requirements of
1056chapter 161, chapter 373, or this chapter, and all other
1057applicable state or federal laws that govern activities for the
1058purpose of protecting the environment or the public health from
1059pollution or contamination.
1060     (b)  Notwithstanding paragraph (a), this section does not
1061apply to certain permit actions or environmental permitting laws
1062such as:
1063     1.  Environmental permitting or authorization laws that
1064regulate activities for the purpose of zoning, growth
1065management, or land use; or
1066     2.  Any federal law or program delegated or assumed by the
1067state to the extent that implementation of this section, or any
1068part of this section, would jeopardize the ability of the state
1069to retain such delegation or assumption.
1070     (c)  As used in this section, the term "regulated activity"
1071means any activity, including, but not limited to, the
1072construction or operation of a facility, installation, system,
1073or project, for which a permit, certification, or authorization
1074is required under chapter 161, chapter 373, or this chapter.
1075     (4)  COMPLIANCE HISTORY.-The compliance history period
1076shall be the 10 years before the date any permit or renewal
1077application is received by the department. Any person is
1078entitled to the incentives under subsection (5) if:
1079     (a)1.  The applicant has conducted the regulated activity
1080at the same site for which the permit or renewal is sought for
1081at least 8 of the 10 years before the date the permit
1082application is received by the department; or
1083     2.  The applicant has conducted the same regulated activity
1084at a different site within the state for at least 8 of the 10
1085years before the date the permit or renewal application is
1086received by the department;
1087     (b)  In the 10 years before the date the permit or renewal
1088application is received by the department or water management
1089district, the applicant has not been subject to a formal
1090administrative or civil judgment or criminal conviction whereby
1091an administrative law judge or civil or criminal court found the
1092applicant violated the applicable law or rule or has been the
1093subject of an administrative settlement or consent order,
1094whether formal or informal, that established a violation of an
1095applicable law or rule; and
1096     (c)  The applicant can demonstrate during a 10-year
1097compliance history period the implementation of activities or
1098practices that resulted in:
1099     1.  Reductions in actual or permitted discharges or
1101     2.  Reductions in the impacts of regulated activities on
1102public lands or natural resources; and
1103     3.  Implementation of voluntary environmental performance
1104programs, such as environmental management systems.
1105     (5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1106applicable incentives at the time of application submittal.
1107Unless otherwise prohibited by state or federal law, rule, or
1108regulation, and if the applicant meets all other applicable
1109criteria for the issuance of a permit or authorization, an
1110applicant is entitled to the following incentives:
1111     (a)  Expedited reviews on permit actions, including, but
1112not limited to, initial permit issuance, renewal, modification,
1113and transfer, if applicable. Expedited review means, at a
1114minimum, that any request for additional information regarding a
1115permit application shall be issued no later than 15 days after
1116the application is filed, and final agency action shall be taken
1117no later than 45 days after the application is deemed complete;
1118     (b)  Priority review of permit application;
1119     (c)  Reduced number of routine compliance inspections;
1120     (d)  No more than two requests for additional information
1121under s. 120.60; and
1122     (e)  Longer permit period durations.
1123     (6)  RULEMAKING.-The department shall implement rulemaking
1124within 6 months after the effective date of this act. Such
1125rulemaking may identify additional incentives and programs not
1126expressly enumerated under this section, so long as each
1127incentive is consistent with the Legislature's purpose and
1128intent of this section. Any rule adopted by the department to
1129administer this section shall be deemed an invalid exercise of
1130delegated legislative authority if the department cannot
1131demonstrate how such rules will produce the compliance
1132incentives set forth in subsection (5). The department's rules
1133adopted under this section are binding on the water management
1134districts and any local government that has been delegated or
1135assumed a regulatory program to which this section applies.
1136     Section 22.  Subsection (32) of section 403.703, Florida
1137Statutes, is amended to read:
1138     403.703  Definitions.-As used in this part, the term:
1139     (32)  "Solid waste" means sludge unregulated under the
1140federal Clean Water Act or Clean Air Act, sludge from a waste
1141treatment works, water supply treatment plant, or air pollution
1142control facility, or garbage, rubbish, refuse, special waste, or
1143other discarded material, including solid, liquid, semisolid, or
1144contained gaseous material resulting from domestic, industrial,
1145commercial, mining, agricultural, or governmental operations.
1146Recovered materials as defined in subsection (24) are not solid
1147waste. The term does not include sludge from a waste treatment
1148works if the sludge is not discarded.
1149     Section 23.  Subsections (2) and (3) of section 403.707,
1150Florida Statutes, are amended to read:
1151     403.707  Permits.-
1152     (2)  Except as provided in s. 403.722(6), a permit under
1153this section is not required for the following, if the activity
1154does not create a public nuisance or any condition adversely
1155affecting the environment or public health and does not violate
1156other state or local laws, ordinances, rules, regulations, or
1158     (a)  Disposal by persons of solid waste resulting from
1159their own activities on their own property, if such waste is
1160ordinary household waste from their residential property or is
1161rocks, soils, trees, tree remains, and other vegetative matter
1162that normally result from land development operations. Disposal
1163of materials that could create a public nuisance or adversely
1164affect the environment or public health, such as white goods;
1165automotive materials, such as batteries and tires; petroleum
1166products; pesticides; solvents; or hazardous substances, is not
1167covered under this exemption.
1168     (b)  Storage in containers by persons of solid waste
1169resulting from their own activities on their property, leased or
1170rented property, or property subject to a homeowners or
1171maintenance association for which the person contributes
1172association assessments, if the solid waste in such containers
1173is collected at least once a week.
1174     (c)  Disposal by persons of solid waste resulting from
1175their own activities on their property, if:
1176     1.  The environmental effects of such disposal on
1177groundwater and surface waters are:
1178     a.1.  Addressed or authorized by a site certification order
1179issued under part II or a permit issued by the department under
1180this chapter or rules adopted pursuant to this chapter; or
1181     b.2.  Addressed or authorized by, or exempted from the
1182requirement to obtain, a groundwater monitoring plan approved by
1183the department. As used in this sub-subparagraph, "addressed by
1184a groundwater monitoring plan" means the plan is sufficient to
1185monitor groundwater or surface water for contaminants of
1186concerns associated with the solid waste being disposed. A
1187groundwater monitoring plan can be demonstrated to be sufficient
1188irrespective of whether the groundwater monitoring plan or
1189disposal is referenced in a department permit or other
1191     2.  The disposal of solid waste takes place within an area
1192which is over a zone of discharge.
1194The disposal of solid waste pursuant to this paragraph does not
1195create liability under this chapter or chapter 376 for site
1196cleanup and the exceedance of soil cleanup target levels is not
1197a basis for enforcement or site cleanup.
1198     (d)  Disposal by persons of solid waste resulting from
1199their own activities on their own property, if such disposal
1200occurred prior to October 1, 1988.
1201     (e)  Disposal of solid waste resulting from normal farming
1202operations as defined by department rule. Polyethylene
1203agricultural plastic, damaged, nonsalvageable, untreated wood
1204pallets, and packing material that cannot be feasibly recycled,
1205which are used in connection with agricultural operations
1206related to the growing, harvesting, or maintenance of crops, may
1207be disposed of by open burning if a public nuisance or any
1208condition adversely affecting the environment or the public
1209health is not created by the open burning and state or federal
1210ambient air quality standards are not violated.
1211     (f)  The use of clean debris as fill material in any area.
1212However, this paragraph does not exempt any person from
1213obtaining any other required permits, and does not affect a
1214person's responsibility to dispose of clean debris appropriately
1215if it is not to be used as fill material.
1216     (g)  Compost operations that produce less than 50 cubic
1217yards of compost per year when the compost produced is used on
1218the property where the compost operation is located.
1219     (3)  All applicable provisions of ss. 403.087 and 403.088,
1220relating to permits, apply to the control of solid waste
1221management facilities. Additionally, any permit issued to a
1222solid waste management facility that is designed with a leachate
1223control system that meets department requirements shall be
1224issued for a term of 20 years unless the applicant requests a
1225lesser permit term. Permit fees for qualifying solid waste
1226management facilities shall be prorated to the permit term
1227authorized by this section. This provision applies to all
1228qualifying solid waste management facilities that apply for an
1229operating or construction permit or renew an existing operating
1230or construction permit on or after July 1, 2012.
1231     Section 24.  Subsection (12) is added to section 403.814,
1232Florida Statutes, to read:
1233     403.814  General permits; delegation.-
1234     (12)  A general permit shall be granted for the
1235construction, alteration, and maintenance of a surface water
1236management system serving a total project area of up to 10
1237acres. The construction of such a system may proceed without any
1238agency action by the department or water management district if:
1239     (a)  The total project area is less than 10 acres;
1240     (b)  The total project area involves less than 2 acres of
1241impervious surface;
1242     (c)  No activities will impact wetlands or other surface
1244     (d)  No activities are conducted in, on, or over wetlands
1245or other surface waters;
1246     (e)  Drainage facilities will not include pipes having
1247diameters greater than 24 inches, or the hydraulic equivalent,
1248and will not use pumps in any manner;
1249     (f)  The project is not part of a larger common plan of
1250development or sale;
1251     (g)  The project does not:
1252     1.  Cause adverse water quantity or flooding impacts to
1253receiving water and adjacent lands;
1254     2.  Cause adverse impacts to existing surface water storage
1255and conveyance capabilities;
1256     3.  Cause a violation of state water quality standards; and
1257     4.  Cause an adverse impact to the maintenance of surface
1258or ground water levels or surface water flows established
1259pursuant to s. 373.042 or a work of the district established
1260pursuant to s. 373.086; and
1261     (h)  The surface water management system design plans must
1262be signed and sealed by a registered professional and must be
1263capable, based on generally accepted engineering and scientific
1264principles, of being performed and functioning as proposed.
1265     Section 25.  Paragraph (a) of subsection (3) and
1266subsections (4), (5), (10), (11), (14), (15), and (18) of
1267section 403.973, Florida Statutes, are amended to read:
1268     403.973  Expedited permitting; amendments to comprehensive
1270     (3)(a)  The secretary shall direct the creation of regional
1271permit action teams for the purpose of expediting review of
1272permit applications and local comprehensive plan amendments
1273submitted by:
1274     1.  Businesses creating at least 50 jobs or a commercial or
1275industrial development project that will be occupied by
1276businesses that would individually or collectively create at
1277least 50 jobs; or
1278     2.  Businesses creating at least 25 jobs if the project is
1279located in an enterprise zone, or in a county having a
1280population of fewer than 75,000 or in a county having a
1281population of fewer than 125,000 which is contiguous to a county
1282having a population of fewer than 75,000, as determined by the
1283most recent decennial census, residing in incorporated and
1284unincorporated areas of the county.
1285     (4)  The regional teams shall be established through the
1286execution of a project-specific memoranda of agreement developed
1287and executed by the applicant and the secretary, with input
1288solicited from the office and the respective heads of the
1289Department of Community Affairs, the Department of
1290Transportation and its district offices, the Department of
1291Agriculture and Consumer Services, the Fish and Wildlife
1292Conservation Commission, appropriate regional planning councils,
1293appropriate water management districts, and voluntarily
1294participating municipalities and counties. The memoranda of
1295agreement should also accommodate participation in this
1296expedited process by other local governments and federal
1297agencies as circumstances warrant.
1298     (5)  In order to facilitate local government's option to
1299participate in this expedited review process, the secretary
1300shall, in cooperation with local governments and participating
1301state agencies, create a standard form memorandum of agreement.
1302The standard form of the memorandum of agreement shall be used
1303only if the local government participates in the expedited
1304review process. In the absence of local government
1305participation, only the project-specific memorandum of agreement
1306executed pursuant to subsection (4) applies. A local government
1307shall hold a duly noticed public workshop to review and explain
1308to the public the expedited permitting process and the terms and
1309conditions of the standard form memorandum of agreement.
1310     (10)  The memoranda of agreement may provide for the waiver
1311or modification of procedural rules prescribing forms, fees,
1312procedures, or time limits for the review or processing of
1313permit applications under the jurisdiction of those agencies
1314that are members of the regional permit action team party to the
1315memoranda of agreement. Notwithstanding any other provision of
1316law to the contrary, a memorandum of agreement must to the
1317extent feasible provide for proceedings and hearings otherwise
1318held separately by the parties to the memorandum of agreement to
1319be combined into one proceeding or held jointly and at one
1320location. Such waivers or modifications shall not be available
1321for permit applications governed by federally delegated or
1322approved permitting programs, the requirements of which would
1323prohibit, or be inconsistent with, such a waiver or
1325     (11)  The standard form for memoranda of agreement shall
1326include guidelines to be used in working with state, regional,
1327and local permitting authorities. Guidelines may include, but
1328are not limited to, the following:
1329     (a)  A central contact point for filing permit applications
1330and local comprehensive plan amendments and for obtaining
1331information on permit and local comprehensive plan amendment
1333     (b)  Identification of the individual or individuals within
1334each respective agency who will be responsible for processing
1335the expedited permit application or local comprehensive plan
1336amendment for that agency;
1337     (c)  A mandatory preapplication review process to reduce
1338permitting conflicts by providing guidance to applicants
1339regarding the permits needed from each agency and governmental
1340entity, site planning and development, site suitability and
1341limitations, facility design, and steps the applicant can take
1342to ensure expeditious permit application and local comprehensive
1343plan amendment review. As a part of this process, the first
1344interagency meeting to discuss a project shall be held within 14
1345days after the secretary's determination that the project is
1346eligible for expedited review. Subsequent interagency meetings
1347may be scheduled to accommodate the needs of participating local
1348governments that are unable to meet public notice requirements
1349for executing a memorandum of agreement within this timeframe.
1350This accommodation may not exceed 45 days from the secretary's
1351determination that the project is eligible for expedited review;
1352     (d)  The preparation of a single coordinated project
1353description form and checklist and an agreement by state and
1354regional agencies to reduce the burden on an applicant to
1355provide duplicate information to multiple agencies;
1356     (e)  Establishment of a process for the adoption and review
1357of any comprehensive plan amendment needed by any certified
1358project within 90 days after the submission of an application
1359for a comprehensive plan amendment. However, the memorandum of
1360agreement may not prevent affected persons as defined in s.
1361163.3184 from appealing or participating in this expedited plan
1362amendment process and any review or appeals of decisions made
1363under this paragraph; and
1364     (f)  Additional incentives for an applicant who proposes a
1365project that provides a net ecosystem benefit.
1366     (14)(a)  Challenges to state agency action in the expedited
1367permitting process for projects processed under this section are
1368subject to the summary hearing provisions of s. 120.574, except
1369that the administrative law judge's decision, as provided in s.
1370120.574(2)(f), shall be in the form of a recommended order and
1371shall not constitute the final action of the state agency. In
1372those proceedings where the action of only one agency of the
1373state other than the Department of Environmental Protection is
1374challenged, the agency of the state shall issue the final order
1375within 45 working days after receipt of the administrative law
1376judge's recommended order, and the recommended order shall
1377inform the parties of their right to file exceptions or
1378responses to the recommended order in accordance with the
1379uniform rules of procedure pursuant to s. 120.54. In those
1380proceedings where the actions of more than one agency of the
1381state are challenged, the Governor shall issue the final order
1382within 45 working days after receipt of the administrative law
1383judge's recommended order, and the recommended order shall
1384inform the parties of their right to file exceptions or
1385responses to the recommended order in accordance with the
1386uniform rules of procedure pursuant to s. 120.54. For This
1387paragraph does not apply to the issuance of department licenses
1388required under any federally delegated or approved permit
1389program. In such instances, the department, and not the
1390Governor, shall enter the final order. The participating
1391agencies of the state may opt at the preliminary hearing
1392conference to allow the administrative law judge's decision to
1393constitute the final agency action. If a participating local
1394government agrees to participate in the summary hearing
1395provisions of s. 120.574 for purposes of review of local
1396government comprehensive plan amendments, s. 163.3184(9) and
1397(10) apply.
1398     (b)  Projects identified in paragraph (3)(f) or challenges
1399to state agency action in the expedited permitting process for
1400establishment of a state-of-the-art biomedical research
1401institution and campus in this state by the grantee under s.
1402288.955 are subject to the same requirements as challenges
1403brought under paragraph (a), except that, notwithstanding s.
1404120.574, summary proceedings must be conducted within 30 days
1405after a party files the motion for summary hearing, regardless
1406of whether the parties agree to the summary proceeding.
1407     (15)  The office, working with the agencies providing
1408cooperative assistance and input regarding the memoranda of
1409agreement, shall review sites proposed for the location of
1410facilities that the office has certified to be eligible for the
1411Innovation Incentive Program under s. 288.1089. Within 20 days
1412after the request for the review by the office, the agencies
1413shall provide to the office a statement as to each site's
1414necessary permits under local, state, and federal law and an
1415identification of significant permitting issues, which if
1416unresolved, may result in the denial of an agency permit or
1417approval or any significant delay caused by the permitting
1419     (18)  The office, working with the Rural Economic
1420Development Initiative and the agencies participating in the
1421memoranda of agreement, shall provide technical assistance in
1422preparing permit applications and local comprehensive plan
1423amendments for counties having a population of fewer than 75,000
1424residents, or counties having fewer than 125,000 residents which
1425are contiguous to counties having fewer than 75,000 residents.
1426Additional assistance may include, but not be limited to,
1427guidance in land development regulations and permitting
1428processes, working cooperatively with state, regional, and local
1429entities to identify areas within these counties which may be
1430suitable or adaptable for preclearance review of specified types
1431of land uses and other activities requiring permits.
1432     Section 26.  Subsection (5) is added to section 526.203,
1433Florida Statutes, to read:
1434     526.203  Renewable fuel standard.-
1435     (5)  This section does not prohibit the sale of unblended
1436fuels for the uses exempted under subsection (3).
1437     Section 27.  Section 604.50, Florida Statutes, is amended
1438to read:
1439     604.50  Nonresidential farm buildings.-
1440     (1)  Notwithstanding any other law to the contrary, any
1441nonresidential farm building or farm fence is exempt from the
1442Florida Building Code and any county or municipal building code
1443or fee, except for code provisions implementing local, state, or
1444federal floodplain management regulations.
1445     (2)  As used in For purposes of this section, the term:
1446     (a)  "Nonresidential farm building" means any temporary or
1447permanent building or support structure that is classified as a
1448nonresidential farm building on a farm under s. 553.73(9)(c) or
1449that is used primarily for agricultural purposes, is located on
1450a farm that is not used as a residential dwelling, and is
1451located on land that is an integral part of a farm operation or
1452is classified as agricultural land under s. 193.461, and is not
1453intended to be used as a residential dwelling. The term may
1454include, but is not limited to, a barn, greenhouse, shade house,
1455farm office, storage building, or poultry house.
1456     (b)  The term "Farm" has the same meaning is as provided
1457defined in s. 823.14.
1458     Section 28.  The installation of fuel tank upgrades to
1459secondary containment systems shall be completed by the
1460deadlines specified in Rule 62-761.510, Florida Administrative
1461Code, Table UST. However, notwithstanding any agreements to the
1462contrary, any fuel service station that changed ownership
1463interest through a bona fide sale of the property between
1464January 1, 2009, and December 31, 2009, is not required to
1465complete the upgrades described in Rule 62-761.510, Florida
1466Administrative Code, Table UST, until December 31, 2012.
1467     Section 29.  The uniform mitigation assessment rules
1468adopted by the Department of Environmental Protection in chapter
146962-345, Florida Administrative Code, as of January 1, 2011, to
1470fulfill the mandate of s. 373.414(18), Florida Statutes, are
1471changed as follows:
1472     (1)  Rule 62-345.100(11), Florida Administrative Code, is
1473added to read: "(11)  The Department of Environmental Protection
1474shall be responsible for ensuring statewide coordination and
1475consistency in the application of this rule by providing
1476training and guidance to other relevant state agencies, water
1477management districts, and local governments. Not less than every
1478two years, the Department of Environmental Protection shall
1479coordinate with the water management districts to verify
1480consistent application of the methodology. To ensure that this
1481rule is interpreted and applied uniformly, any interpretation or
1482application of this rule by any agency or local government that
1483differs from the Department of Environmental Protection's
1484interpretation or application of this rule is incorrect and
1485invalid. The Department of Environmental Protection's
1486interpretation, application, and implementation of this rule
1487shall be the only acceptable method."
1488     (2)  Rule 62-345.200(12), Florida Administrative Code, is
1489changed to read: "(12)  "Without preservation assessment" means
1490a reasonably anticipated use of the assessment area, and the
1491temporary or permanent effects of those uses on the assessment
1492area, considering the protection provided by existing easements,
1493regulations, and land use restrictions. Reasonably anticipated
1494uses include those activities that have been previously
1495implemented within the assessment area or adjacent to the
1496assessment area, or are considered to be common uses in the
1497region without the need for additional authorizations or zoning,
1498land use code, or comprehensive plan changes."
1499     (3)  Rule 62-345.300(1), Florida Administrative Code, is
1500changed to read: "(1)  When an applicant proposes mitigation for
1501impacts to wetlands and surface waters as part of an
1502environmental resource permit or wetland resource permit
1503application, the applicant will be responsible for preparing and
1504submitting the necessary supporting information for the
1505application of Rules 62-345.400-62-345.600, F.A.C., of this
1506chapter and the reviewing agency will be responsible for
1507verifying this information , contacting the applicant to address
1508any insufficiencies or need for clarification, and approving the
1509amount of mitigation necessary to offset the proposed impacts.
1510When an applicant submits a mitigation bank or regional
1511mitigation permit application, the applicant will be responsible
1512for preparing and submitting the necessary supporting
1513information for the application of Rules 62-345.400-.600,
1514F.A.C., of this chapter and the reviewing agency will be
1515responsible for verifying this information, contacting the
1516applicant to address any insufficiencies or need for
1517clarification, and approving the potential amount of mitigation
1518to be provided by the bank or regional mitigation area. If an
1519applicant submits either Part I or Part II or both, the
1520reviewing agency shall notify the applicant of any inadequacy in
1521the submittal or disagreement with the information provided.
1522     (4)  Rule 62-345.300(3)(a), Florida Administrative Code, is
1523changed to read: "(a)  Conduct qualitative characterization of
1524both the impact and mitigation assessment areas (Part I) that
1525identifies the assessment area's native community type and the
1526functions to fish and wildlife and their habitat, describes the
1527current condition and functions provided by the assessment area,
1528and summarizes the project condition of the assessment area. The
1529purpose of Part I is to provide a framework for comparison of
1530the assessment area to the optimal condition and
1531location/landscape setting of that native community type.
1532Another purpose of this part is to note any relevant factors of
1533the assessment area that are discovered by site inspectors,
1534including use by listed species."
1535     (5)  Rule 62-345.300(3)(c), Florida Administrative Code, is
1536changed to read: "(c)  Adjust the gain in ecological value from
1537either upland or wetland preservation in accordance with
1538subsection 62-345.500(3), F.A.C. when preservation is the only
1539mitigation activity proposed (absent creation, restoration, or
1540enhancement activities) at a specified assessment area."
1541     (6)  The introductory paragraph of rule 62-345.400, Florida
1542Administrative Code, is changed to read: "An impact or
1543mitigation assessment area must be described with sufficient
1544detail to provide a frame of reference for the type of community
1545being evaluated and to identify the functions that will be
1546evaluated. When an assessment area is an upland proposed as
1547mitigation, functions must be related to the benefits provided
1548by that upland to fish and wildlife of associated wetlands or
1549other surface waters. Information for each assessment area must
1550be sufficient to identify the functions beneficial to fish and
1551wildlife and their habitat that are characteristic of the
1552assessment area's native community type, based on currently
1553available information, such as current and historic aerial
1554photographs, topographic maps, geographic information system
1555data and maps, site visits, scientific articles, journals, other
1556professional reports, field verification when needed, and
1557reasonable scientific judgment. For wetlands and other surface
1558waters, other than those created for mitigation, that have been
1559created on sites where such did not exist before the creation,
1560such as borrow pits, ditches, and canals, refer to the native
1561community type or surface water body to which it is most
1562analogous in function for the given landscape position. For
1563altered natural communities or surface waterbodies, refer to the
1564native community type or surface water body present in the
1565earliest available aerial photography except that if the
1566alteration has been of such a degree and extent that a clearly
1567defined different native community type is now present and self-
1568sustaining, in which case the native community type shall be
1569identified as the one the present community most closely
1570resembles. In determining the historic native community type,
1571all currently available information shall be used to ensure the
1572highest degree of accuracy. The information provided by the
1573applicant for each assessment area must address the following,
1574as applicable:"
1575     (7)  Rule 62-345.500(1)(a), Florida Administrative Code, is
1576changed to read: "(a)  Current condition or, in the case of
1577preservation only mitigation, without preservation - The current
1578condition of an assessment area is scored using the information
1579in this part to determine the degree to which the assessment
1580area currently provides the relative value of functions
1581identified in Part I for the native community type. In the case
1582of preservation-only mitigation, the "without preservation"
1583assessment utilizes the information in this part to determine
1584the degree to which the assessment area could provide the
1585relative value of functions identified in Part I for the native
1586community type assuming the area is not preserved. For
1587assessment areas where previous impacts that affect the current
1588condition are temporary in nature, consideration will be given
1589to the inherent functions of these areas relative to seasonal
1590hydrologic changes, and expected vegetation regeneration and
1591projected habitat functions if the use of the area were to
1592remain unchanged. When evaluating impacts to a previously
1593permitted mitigation site that has not achieved its intended
1594function, the reviewing agency shall consider the functions the
1595mitigation site was intended to offset and any delay or
1596reduction in offsetting those functions that may be caused by
1597the project. Previous construction or alteration undertaken in
1598violation of Part IV, Chapter 373, F.S., or Sections 403.91-
1599.929, F.S. (1984 Supp.), as amended, or rule, order or permit
1600adopted or issued thereunder, will not be considered as having
1601diminished the condition and relative value of a wetland or
1602surface water, when assigning a score under this part. When
1603evaluating wetlands or other surface waters that are within an
1604area that is subject to a recovery strategy pursuant to Chapter
160540D-80, F.A.C., impacts from water withdrawals will not be
1606considered when assigning a score under this part."
1607     (8)  Rule 62-345.500(1)(b), Florida Administrative Code, is
1608changed to read: "(b)  "With mitigation" or "with impact" - The
1609"with mitigation" and "with impact" assessments are based on the
1610reasonably expected outcome, which may represent an increase,
1611decrease, or no change in value relative to current conditions.
1612For the "with impact" and "with mitigation" assessments, the
1613evaluator will assume that all other necessary regulatory
1614authorizations required for the proposed project have been
1615obtained and that construction will be consistent with such
1616authorizations. The "with mitigation" assessment will be scored
1617only when reasonable assurance has been provided that the
1618proposed plan can be conducted. When scoring the "with
1619mitigation" assessment for assessment areas involving
1620enhancement, restoration, or creation activities and that are
1621proposed to be placed under a conservation easement or other
1622similar land protection mechanism, the with mitigation score
1623shall reflect the combined preservation and
1624enhancement/restoration/creation value of the specified
1625assessment area, and the Preservation Adjustment Factor shall
1626not apply to these mitigation assessments."
1627     (9)  Rule 62-345.500(2), Florida Administrative Code, is
1628changed to read: "(2)  Uplands function as the contributing
1629watershed to wetlands and are necessary to maintain the
1630ecological value of associated wetlands or other surface waters.
1631Upland mitigation assessment areas shall be scored using the
1632landscape support/location and community structure indicators
1633listed in subsection 62-345.500(6), F.A.C. Scoring of these
1634indicators for the upland assessment areas shall be based on the
1635degree to which the relative value of functions of the upland
1636assessment area provide benefits to the fish and wildlife of the
1637associated wetlands or other surface waters, considering the
1638native community type, current condition, and anticipated
1639ecological value of the uplands and associated wetlands and
1640other surface waters.
1641     (a)  For upland preservation, the without preservation
1642assessment utilizes the information in this part to determine
1643the degree to which the assessment area could provide the
1644relative value of functions identified in Part I for the native
1645community type (to include benefits to fish and wildlife of the
1646associated wetlands or other surface waters) assuming the upland
1647area is not preserved. The gain in ecological value is
1648determined by the mathematical difference between the score of
1649the upland assessment area with the proposed preservation
1650measure and the upland assessment area without the proposed
1651preservation measure. When the community structure is scored as
1652"zero", then the location and landscape support shall also be
1653"zero". However, a gain in ecological value for the location and
1654landscape support score can also occur when the community
1655structure is scored other than "zero". The resulting delta is
1656then multiplied by the preservation adjustment factor contained
1657in subsection 62-345.500(3), F.A.C.
1658     (b)  For upland enhancement or restoration, the current
1659condition of an assessment area is scored using the information
1660in this part to determine the degree to which the assessment
1661area currently provides the relative value of functions
1662identified in Part I for the native community type (to include
1663benefits to fish and wildlife of the associated wetlands or
1664other surface waters). The value provided shall be determined by
1665the mathematical difference between the score of the upland
1666assessment area with the proposed restoration or enhancement
1667measure and the current condition of the upland assessment area.
1668     (c)  For uplands proposed to be converted to wetlands or
1669other surface waters through creation or restoration measures,
1670the upland areas shall be scored as "zero" in their current
1671condition. Only the "with mitigation" assessment shall be scored
1672in accordance with the indicators listed in subsection 62-
1673345.500(6), F.A.C."
1674     (10)  Rule 62-345.500(3), Florida Administrative Code, is
1675changed to read: "(3)(a)  When an assessment area's mitigation
1676plan consists of preservation only (absent creation,
1677restoration, or enhancement activities), the "with mitigation"
1678assessment shall consider the potential of the assessment area
1679to perform current functions in the long term, considering the
1680protection mechanism proposed, and the "without preservation"
1681assessment shall evaluate the assessment area's functions
1682considering the reasonably anticipated use of the assessment
1683area and the temporary or permanent effects of those uses in the
1684assessment area considering the protection provided by existing
1685easements, regulations, and land use restrictions. The gain in
1686ecological value is determined by the mathematical difference
1687between the Part II scores for the "with mitigation" and
1688"without preservation" (the delta) multiplied by a preservation
1689adjustment factor. The preservation adjustment factor shall be
1690scored on a scale from 0.2 (minimum preservation value) to 1
1691(optimal preservation value), on one-tenth increments. The score
1692shall be calculated by evaluating the scoring method set forth
1693in the "Preservation Adjustment Factor Worksheet" for each of
1694the following considerations:
1695     1.  The extent to which proposed management activities
1696within the preserve area promote natural ecological conditions
1697such as fire patterns or the exclusion of invasive exotic
1699     2.  The ecological and hydrological relationship between
1700wetlands, other surface waters, and uplands to be preserved.
1701     3.  The scarcity of the habitat provided by the proposed
1702preservation area and the degree to which listed species use the
1704     4.  The proximity of the area to be preserved to areas of
1705national, state, or regional ecological significance, such as
1706national or state parks, Outstanding Florida Waters, and other
1707regionally significant ecological resources or habitats, such as
1708lands acquired or to be acquired through governmental or non-
1709profit land acquisition programs for environmental conservation,
1710and whether the areas to be preserved include corridors between
1711these habitats.
1712     5.  The extent and likelihood of potential adverse impacts
1713if the assessment area were not preserved.
1714     (b)  Each of these considerations shall be scored on a
1715relative scale of zero (0) to two-tenths (0.2) based on the
1716value provided [optimal (0.2), low to moderate (0.1), and no
1717value (0)] and summed together to calculate the preservation
1718adjustment factor. The minimum value to be assigned to a
1719specified assessment area will be 0.2. The preservation
1720adjustment factor is multiplied by the mitigation delta assigned
1721to the preservation proposal to yield an adjusted mitigation
1722delta for preservation."
1723     (11)  Rule 62-345.500(6)(a), Florida Administrative Code,
1724is changed to read: "(6)  Three categories of indicators of
1725wetland function (landscape support, water environment and
1726community structure) listed below are to be scored to the extent
1727that they affect the ecological value of the assessment area.
1728Upland mitigation assessment areas shall be scored for landscape
1729support/location and community structure only.
1730     (a)  Landscape Support/Location - The value of functions
1731provided by an assessment area to fish and wildlife are
1732influenced by the landscape attributes of the assessment area
1733and its relationship with surrounding areas. While the
1734geographic location of the assessment area does not change, the
1735ecological relationship between the assessment area and
1736surrounding landscape may vary from the current condition to the
1737"with impact" and "with mitigation" conditions. Additionally, a
1738mitigation assessment area may be located within a regional
1739corridor or in proximity to areas of national, state, or
1740regional significance, and the "with mitigation" condition may
1741serve to complement the regional ecological value identified for
1742these areas. Many species that nest, feed, or find cover in a
1743specific habitat or habitat type are also dependent in varying
1744degrees upon other habitats, including upland, wetland, and
1745other surface waters, that are present in the regional
1746landscape. For example, many amphibian species require small
1747isolated wetlands for breeding pools and for juvenile life
1748stages, but may spend the remainder of their adult lives in
1749uplands or other wetland habitats. If these habitats are
1750unavailable or poorly connected in the landscape or are
1751degraded, then the value of functions provided by the assessment
1752area to the fish and wildlife identified in Part I is reduced.
1753The assessment area shall also be considered to the extent that
1754fish and wildlife utilizing the area have the opportunity to
1755access other habitats necessary to fulfill their life history
1756requirements. The availability, connectivity, and quality of
1757offsite habitats, and offsite land uses which might adversely
1758impact fish and wildlife utilizing these habitats, are factors
1759to be considered in assessing the landscape support of the
1760assessment area. The location of the assessment area shall be
1761considered relative to offsite and upstream hydrologic
1762contributing areas and to downstream and other connected waters
1763to the extent that the diversity and abundance of fish and
1764wildlife and their habitats is affected in these areas. The
1765opportunity for the assessment area to provide offsite water
1766quantity and quality benefits to fish and wildlife and their
1767habitats downstream and in connected waters is assessed based on
1768the degree of hydrologic connectivity between these habitats and
1769the extent to which offsite habitats are affected by discharges
1770from the assessment area. It is recognized that isolated
1771wetlands lack surface water connections to downstream waters and
1772as a result, do not perform certain functions (e.g., detrital
1773transport) to benefit downstream fish and wildlife; for such
1774wetlands, this consideration does not apply.
1775     1.  A score of (10) means the assessment area, in
1776combination with the surrounding landscape, provides full
1777opportunity for the assessment area to perform beneficial
1778functions at an optimal level. The score is based on reasonable
1779scientific judgment and characterized by a predominance of the
1780following, as applicable:
1781     a.  Habitats outside the assessment area represent the full
1782range of habitats needed to fulfill the life history
1783requirements of all wildlife listed in Part I and are available
1784in sufficient quantity to provide optimal support for these
1786     b.  Invasive exotic or other invasive plant species are not
1787present in the proximity of the assessment area.
1788     c.  Wildlife access to and from habitats outside the
1789assessment area is not limited by distance to these habitats and
1790is unobstructed by landscape barriers.
1791     d.  Functions of the assessment area that benefit
1792downstream fish and wildlife are not limited by distance or
1793barriers that reduce the opportunity for the assessment area to
1794provide these benefits.
1795     e.  Land uses outside the assessment area have no adverse
1796impacts on wildlife in the assessment area as listed in Part I.
1797     f.  The opportunity for the assessment area to provide
1798benefits to downstream or other hydrologically connected areas
1799is not limited by hydrologic impediments or flow restrictions.
1800     g.  Downstream or other hydrologically connected habitats
1801are critically or solely dependent on discharges from the
1802assessment area and could suffer severe adverse impacts if the
1803quality or quantity of these discharges were altered.
1804     h.  For upland mitigation assessment areas, the uplands
1805provide a full suite of ecological values so as to provide
1806optimal protection and support of wetland functions.
1807     2.  A score of (7) means that, compared to the optimal
1808condition of the native community type, the opportunity for the
1809assessment area to perform beneficial functions in combination
1810with the surrounding landscape is limited to 70% of the optimal
1811ecological value. The score is based on reasonable scientific
1812judgment and characterized by a predominance of the following,
1813as applicable:
1814     a.  Habitats outside the assessment area are available in
1815sufficient quantity and variety to provide optimal support for
1816most, but not all, of the wildlife listed in Part I, or certain
1817wildlife populations may be limited due to the reduced
1818availability of habitats needed to fulfill their life history
1820     b.  Some of the plant community composition in the
1821proximity of the assessment area consists of invasive exotic or
1822other invasive plant species, but cover is minimal and has
1823minimal adverse effect on the functions provided by the
1824assessment area.
1825     c.  Wildlife access to and from habitats outside the
1826assessment area is partially limited, either by distance or by
1827the presence of barriers that impede wildlife movement.
1828     d.  Functions of the assessment area that benefit fish and
1829wildlife downstream are somewhat limited by distance or barriers
1830that reduce the opportunity for the assessment area to provide
1831these benefits.
1832     e.  Land uses outside the assessment area have minimal
1833adverse impacts on fish and wildlife identified in Part I.
1834     f.  The opportunity for the assessment area to provide
1835benefits to downstream or other hydrologically connected areas
1836is limited by hydrologic impediments or flow restrictions such
1837that these benefits are provided with lesser frequency or lesser
1838magnitude than would occur under optimal conditions.
1839     g.  Downstream or other hydrologically connected habitats
1840derive significant benefits from discharges from the assessment
1841area and could suffer substantial adverse impacts if the quality
1842or quantity of these discharges were altered.
1843     h.  For upland mitigation assessment areas, the uplands
1844provide significant, but suboptimal ecological values and
1845protection of wetland functions.
1846     3.  A score of (4) means that, compared to the optimal
1847condition of the native community type, the opportunity for the
1848assessment area to perform beneficial functions in combination
1849with the surrounding landscape is limited to 40% of the optimal
1850ecological value. The score is based on reasonable scientific
1851judgment and characterized by a predominance of the following,
1852as applicable:
1853     a.  Availability of habitats outside the assessment area is
1854fair, but fails to provide support for some species of wildlife
1855listed in Part I, or provides minimal support for many of the
1856species listed in Part I.
1857     b.  The majority of the plant community composition in the
1858proximity of the assessment area consists of invasive exotic or
1859other invasive plant species that adversely affect the functions
1860provided by the assessment area.
1861     c.  Wildlife access to and from habitats outside the
1862assessment area is substantially limited, either by distance or
1863by the presence of barriers which impede wildlife movement.
1864     d.  Functions of the assessment area that benefit fish and
1865wildlife downstream are limited by distance or barriers that
1866substantially reduce the opportunity for the assessment area to
1867provide these benefits.
1868     e.  Land uses outside the assessment area have significant
1869adverse impacts on fish and wildlife identified in Part I.
1870     f.  The opportunity for the assessment area to provide
1871benefits to downstream or other hydrologically connected areas
1872is limited by hydrologic impediments or flow restrictions, such
1873that these benefits are rarely provided or are provided at
1874greatly reduced levels compared to optimal conditions.
1875     g.  Downstream or other hydrologically connected habitats
1876derive minimal benefits from discharges from the assessment area
1877but could be adversely impacted if the quality or quantity of
1878these discharges were altered.
1879     h.  For upland mitigation assessment areas, the uplands
1880provide minimal ecological values and protection of wetland
1882     4.  A score of (0) means that the assessment area, in
1883combination with the surrounding landscape, provides no habitat
1884support for wildlife utilizing the assessment area and no
1885opportunity for the assessment area to provide benefits to fish
1886and wildlife outside the assessment area. The score is based on
1887reasonable scientific judgment and characterized by a
1888predominance of the following, as applicable:
1889     a.  No habitats are available outside the assessment area
1890to provide any support for the species of wildlife listed in
1891Part I.
1892     b.  The plant community composition in the proximity of the
1893assessment area consists predominantly of invasive exotic or
1894other invasive plant species such that little or no function is
1895provided by the assessment area.
1896     c.  Wildlife access to and from habitats outside the
1897assessment area is precluded by barriers or distance.
1898     d.  Functions of the assessment area that would be expected
1899to benefit fish and wildlife downstream are not present.
1900     e.  Land uses outside the assessment area have a severe
1901adverse impact on wildlife in the assessment area as listed in
1902Part I.
1903     f.  There is negligible or no opportunity for the
1904assessment area to provide benefits to downstream or other
1905hydrologically connected areas due to hydrologic impediments or
1906flow restrictions that preclude provision of these benefits.
1907     g.  Discharges from the assessment area provide negligible
1908or no benefits to downstream or hydrologically connected areas
1909and these areas would likely be unaffected if the quantity or
1910quality of these discharges were altered.
1911     h.  For upland mitigation assessment areas, the uplands
1912provide no ecological value or protection of wetland functions."
1913     (12)  The Department of Environmental Protection is
1914directed to make additional changes to the worksheet portions of
1915chapter 62-345, Florida Administrative Code, as needed to
1916conform to the changes set forth in this section.
1917     (13)  Any entity holding a mitigation bank permit that was
1918evaluated under chapter 62-345, Florida Administrative Code, may
1919apply to the relevant agency to have such mitigation bank
1920reassessed pursuant to the changes to chapter 62-345, Florida
1921Administrative Code, set forth in this section, if such
1922application is filed with that agency no later than September
192330, 2011.
1924     Section 30.  This act shall take effect July 1, 2011.

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