CS/CS/CS/HB 991

1	A bill to be entitled
2	An act relating to environmental regulation; amending s.
3	120.569, F.S.; providing that a nonapplicant who petitions
4	to challenge an agency's issuance of a license, permit, or
5	conceptual approval in certain circumstances has the
6	burden of ultimate persuasion and the burden of going
7	forward with evidence; amending s. 125.022, F.S.;
8	prohibiting a county from requiring an applicant to obtain
9	a permit or approval from another state or federal agency
10	as a condition of processing a development permit under
11	certain conditions; authorizing a county to attach certain
12	disclaimers to the issuance of a development permit;
13	creating s. 161.032, F.S.; requiring that the Department
14	of Environmental Protection review an application for
15	certain permits under the Beach and Shore Preservation Act
16	and request additional information within a specified
17	time; requiring that the department proceed to process the
18	application if the applicant believes that a request for
19	additional information is not authorized by law or rule;
20	extending the period for an applicant to timely submit
21	additional information, notwithstanding certain provisions
22	of the Administrative Procedure Act; authorizing the
23	department to issue such permits in advance of the
24	issuance of certain permits as provided for in the
25	Endangered Species Act under certain conditions; amending
26	s. 161.041, F.S.; specifying that s. 403.0874, F.S.,
27	authorizing expedited permitting, applies to provisions
28	governing coastal construction; prohibiting the Department
29	of Environmental Protection from requiring certain
30	sediment quality specifications or turbidity standards as
31	a permit condition; providing legislative intent with
32	respect to permitting for beach renourishment projects;
33	directing the department to amend specified rules relating
34	to permitting for such projects; amending s. 163.3180,
35	F.S.; providing an exemption to the level-of-service
36	standards adopted under the Strategic Intermodal System
37	for certain inland multimodal facilities; specifying
38	project criteria; amending s. 166.033, F.S.; prohibiting a
39	municipality from requiring an applicant to obtain a
40	permit or approval from another state or federal agency as
41	a condition of processing a development permit under
42	certain conditions; authorizing a county to attach certain
43	disclaimers to the issuance of a development permit;
44	amending s. 218.075, F.S.; providing for the reduction or
45	waiver of permit processing fees relating to projects that
46	serve a public purpose for certain entities created by
47	special act, local ordinance, or interlocal agreement;
48	amending s. 258.397, F.S.; providing an exemption from a
49	showing of extreme hardship relating to the sale,
50	transfer, or lease of sovereignty submerged lands in the
51	Biscayne Bay Aquatic Preserve for certain municipal
52	applicants; providing for additional dredging and filling
53	activities in the preserve; amending s. 373.026, F.S.;
54	requiring the Department of Environmental Protection to
55	expand its use of Internet-based self-certification
56	services for exemptions and permits issued by the
57	department and water management districts; amending s.
58	373.413, F.S.; specifying that s. 403.0874, F.S.,
59	authorizing expedited permitting, applies to provisions
60	governing surface water management and storage; amending
61	s. 373.4135, F.S.; conforming a cross-reference; amending
62	s. 373.4136, F.S.; clarifying the use of the uniform
63	mitigation assessment method for mitigation credits for
64	the establishment and operation of mitigation banks;
65	amending s. 373.4137, F.S.; revising legislative findings
66	with respect to the options for mitigation relating to
67	transportation projects; revising certain requirements for
68	determining the habitat impacts of transportation
69	projects; requiring water management districts to purchase
70	credits from public or private mitigation banks under
71	certain conditions; providing for the release of certain
72	mitigation funds held for the benefit of a water
73	management district if a project is excluded from a
74	mitigation plan; requiring water management districts to
75	use private mitigation banks in developing plans for
76	complying with mitigation requirements; providing an
77	exception; revising the procedure for excluding a project
78	from a mitigation plan; amending s. 373.414, F.S.;
79	revising provisions for the uniform mitigation assessment
80	method rule for wetlands and other surface waters;
81	providing requirements for the interpretation and
82	application of the uniform mitigation assessment method
83	rule; providing an exception; defining the terms
84	"preservation mitigation" and "without preservation" for
85	the purposes of certain assessments pursuant to the rule;
86	providing for reassessment of mitigation banks under
87	certain conditions; amending s. 373.4141, F.S.; providing
88	a limitation for the request of additional information
89	from an applicant by the department; providing that
90	failure of an applicant to respond to such a request
91	within a specified time period constitutes withdrawal of
92	the application; reducing the time within which a permit
93	must be approved, denied, or subject to notice of proposed
94	agency action; prohibiting a state agency or an agency of
95	the state from requiring additional permits or approval
96	from a local, state, or federal agency without explicit
97	authority; amending s. 373.4144, F.S.; providing
98	legislative intent with respect to the coordination of
99	regulatory duties among specified state and federal
100	agencies; requiring that the department report annually to
101	the Legislature on efforts to expand the state
102	programmatic general permit or regional general permits;
103	providing for a voluntary state programmatic general
104	permit for certain dredge and fill activities; amending s.
105	373.41492, F.S.; authorizing the use of proceeds from the
106	water treatment plant upgrade fee to pay for specified
107	mitigation projects; requiring proceeds from the water
108	treatment plant upgrade fee to be transferred by the
109	Department of Revenue to the South Florida Water
110	Management District and deposited into the Lake Belt
111	Mitigation Trust Fund for a specified period of time;
112	providing, after that period, for the proceeds of the
113	water treatment plant upgrade fee to return to being
114	transferred by the Department of Revenue to a trust fund
115	established by Miami-Dade County for specified purposes;
116	conforming a term; amending s. 373.441, F.S.; requiring
117	that certain counties or municipalities apply by a
118	specified date to the department or water management
119	district for authority to require certain permits;
120	providing that following such delegation, the department
121	or district may not regulate activities that are subject
122	to the delegation; clarifying the authority of local
123	governments to adopt pollution control programs under
124	certain conditions; amending s. 376.3071, F.S.; exempting
125	program deductibles, copayments, and certain assessment
126	report requirements from expenditures under the low-scored
127	site initiative; amending s. 376.30715, F.S.; providing
128	that the transfer of a contaminated site from an owner to
129	a child of the owner or corporate entity does not
130	disqualify the site from the innocent victim petroleum
131	storage system restoration financial assistance program;
132	authorizing certain applicants to reapply for financial
133	assistance; creating s. 378.413, F.S.; providing
134	legislative intent with respect to preemption of
135	environmental regulation for construction aggregate
136	materials mining; limiting the authority of counties to
137	adopt to specified ordinances and rules; providing an
138	exemption; amending s. 380.06, F.S.; exempting a proposed
139	solid mineral mine or a proposed addition or expansion of
140	an existing solid mineral mine from provisions governing
141	developments of regional impact; providing certain
142	exceptions; clarifying the applicability of local
143	government regulations with respect to such mining
144	activities; requiring solid mineral mines that meet
145	specified criteria to enter into binding agreements with
146	the Department of Transportation to mitigate impacts to
147	Strategic Intermodal System facilities; amending s.
148	380.0657, F.S.; authorizing expedited permitting for
149	certain inland multimodal facilities that individually or
150	collectively will create a minimum number of jobs;
151	amending s. 403.061, F.S.; requiring the Department of
152	Environmental Protection to establish reasonable zones of
153	mixing for discharges into specified waters; providing
154	that exceedance of certain groundwater standards does not
155	create liability for site cleanup; providing that
156	exceedance of soil cleanup target levels is not a basis
157	for enforcement or cleanup; amending s. 403.087, F.S.;
158	revising conditions under which the department is
159	authorized to revoke environmental resource permits;
160	creating s. 403.0874, F.S.; providing a short title;
161	providing legislative findings and intent with respect to
162	the consideration of the compliance history of a permit
163	applicant; providing for applicability; specifying the
164	period of compliance history to be considered is issuing
165	or renewing a permit; providing criteria to be considered
166	by the Department of Environmental Protection; authorizing
167	expedited review of permit issuance, renewal,
168	modification, and transfer; providing for a reduced number
169	of inspections; providing for extended permit duration;
170	authorizing the department to make additional incentives
171	available under certain circumstances; providing for
172	automatic permit renewal and reduced or waived fees under
173	certain circumstances; authorizing the department to adopt
174	additional incentives by rule; providing that such rules
175	are binding on a water management district or local
176	government that has been delegated certain regulatory
177	duties; limiting applicability; amending s. 403.1838,
178	F.S.; revising the definition of the term "financially
179	disadvantaged small community" for the purposes of the
180	Small Community Sewer Construction Assistance Act;
181	amending s. 403.7045, F.S.; providing conditions under
182	which sludge from an industrial waste treatment works is
183	not solid waste; amending s. 403.707, F.S.; exempting the
184	disposal of solid waste monitored by certain groundwater
185	monitoring plans from specific authorization; extending
186	the duration of all permits issued to solid waste
187	management facilities that meet specified criteria;
188	providing an exception; providing for prorated permit
189	fees; providing applicability; amending s. 403.814, F.S.;
190	providing for issuance of general permits for the
191	construction, alteration, and maintenance of certain
192	surface water management systems without the action of the
193	department or a water management district; specifying
194	conditions for the general permits; amending s. 403.853,
195	F.S.; providing for the Department of Health, or a local
196	county health department designated by the department, to
197	perform sanitary surveys for a transient noncommunity
198	water system using groundwater as a source of supply and
199	serving religious institutions or businesses; amending s.
200	403.973, F.S.; authorizing expedited permitting for
201	certain commercial or industrial development projects that
202	individually or collectively will create a minimum number
203	of jobs; providing for a project-specific memorandum of
204	agreement to apply to a project subject to expedited
205	permitting; clarifying the authority of the Department of
206	Environmental Protection to enter final orders for the
207	issuance of certain licenses; revising criteria for the
208	review of certain sites; amending s. 526.203, F.S.;
209	authorizing the sale of unblended fuels for certain uses;
210	revising the deadline for completion of the installation
211	of fuel tank upgrades to secondary containment systems for
212	specified properties; providing an effective date.
213
214	Be It Enacted by the Legislature of the State of Florida:
215
216	Section 1.  Paragraph (p) is added to subsection (2) of
217	section 120.569, Florida Statutes, to read:
218	120.569  Decisions which affect substantial interests.-
219	(2)
220	(p)  For any proceeding arising under chapter 373, chapter
221	378, or chapter 403, if a nonapplicant petitions as a third
222	party to challenge an agency's issuance of a license, permit, or
223	conceptual approval, the order of presentation in the proceeding
224	shall be for the permit applicant to present a prima facie case
225	demonstrating entitlement to the license, permit, or conceptual
226	approval, followed by the agency. This demonstration may be made
227	by entering into evidence the application and relevant material
228	submitted to the agency in support of the application, and the
229	agency's staff report or notice of intent to approve the permit,
230	license, or conceptual approval. Subsequent to the presentation
231	of the applicant's prima facie case and any direct evidence
232	submitted by the agency, the petitioner initiating the action
233	challenging the issuance of the license, permit, or conceptual
234	approval has the burden of ultimate persuasion and has the
235	burden of going forward to prove the case in opposition to the
236	license, permit, or conceptual approval through the presentation
237	of competent and substantial evidence. The permit applicant and
238	agency may on rebuttal present any evidence relevant to
239	demonstrating that the application meets the conditions for
240	issuance. Notwithstanding subsection (1), this paragraph applies
241	to proceedings under s. 120.574.
242	Section 2.  Section 125.022, Florida Statutes, is amended
243	to read:
244	125.022  Development permits.-When a county denies an
245	application for a development permit, the county shall give
246	written notice to the applicant. The notice must include a
247	citation to the applicable portions of an ordinance, rule,
248	statute, or other legal authority for the denial of the permit.
249	As used in this section, the term "development permit" has the
250	same meaning as in s. 163.3164. A county may not require as a
251	condition of processing a development permit that an applicant
252	obtain a permit or approval from any other state or federal
253	agency unless the agency has issued a notice of intent to deny
254	the federal or state permit before the county action on the
255	local development permit. Issuance of a development permit by a
256	county does not in any way create any rights on the part of the
257	applicant to obtain a permit from another state or federal
258	agency and does not create any liability on the part of the
259	county for issuance of the permit if the applicant fails to
260	fulfill its legal obligations to obtain requisite approvals or
261	fulfill the obligations imposed by another state or a federal
262	agency. A county may attach such a disclaimer to the issuance of
263	a development permit, and may include a permit condition that
264	all other applicable state or federal permits be obtained before
265	commencement of the development. This section does not prohibit
266	a county from providing information to an applicant regarding
267	what other state or federal permits may apply.
268	Section 3.  Section 161.032, Florida Statutes, is created
269	to read:
270	161.032  Application review; request for additional
271	information.-
272	(1)  Within 30 days after receipt of an application for a
273	permit under this part, the department shall review the
274	application and shall request submission of any additional
275	information the department is permitted by law to require. If
276	the applicant believes that a request for additional information
277	is not authorized by law or rule, the applicant may request a
278	hearing pursuant to s. 120.57. Within 30 days after receipt of
279	such additional information, the department shall review such
280	additional information and may request only that information
281	needed to clarify such additional information or to answer new
282	questions raised by or directly related to such additional
283	information. If the applicant believes that the request for such
284	additional information by the department is not authorized by
285	law or rule, the department, at the applicant's request, shall
286	proceed to process the permit application.
287	(2)  Notwithstanding s. 120.60, an applicant for a permit
288	under this part has 90 days after the date of a timely request
289	for additional information to submit such information. If an
290	applicant requires more than 90 days in order to respond to a
291	request for additional information, the applicant must notify
292	the agency processing the permit application in writing of the
293	circumstances, at which time the application shall be held in
294	active status for no more than one additional period of up to 90
295	days. Additional extensions may be granted for good cause shown
296	by the applicant. A showing that the applicant is making a
297	diligent effort to obtain the requested additional information
298	constitutes good cause. Failure of an applicant to provide the
299	timely requested information by the applicable deadline shall
300	result in denial of the application without prejudice.
301	(3)  Notwithstanding any other provision of law, the
302	department is authorized to issue permits pursuant to this part
303	in advance of the issuance of any incidental take authorization
304	as provided for in the Endangered Species Act and its
305	implementing regulations if the permits and authorizations
306	include a condition requiring that authorized activities shall
307	not begin until such incidental take authorization is issued.
308	Section 4.  Subsections (5), (6), and (7) are added to
309	section 161.041, Florida Statutes, to read:
310	161.041  Permits required.-
311	(5)  The provisions of s. 403.0874, relating to the
312	incentive-based permitting program, apply to all permits issued
313	under this chapter.
314	(6)  The department may not require as a permit condition
315	sediment quality specifications or turbidity standards more
316	stringent than those provided for in this chapter, chapter 373,
317	or the Florida Administrative Code. The department may not issue
318	guidelines that are enforceable as standards without going
319	through the rulemaking process pursuant to chapter 120.
320	(7)  As an incentive for permit applicants, it is the
321	Legislature's intent to simplify the permitting for periodic
322	maintenance of beach renourishment projects previously permitted
323	and restored under the joint coastal permit process pursuant to
324	this section or part IV of chapter 373. The department shall
325	amend chapters 62B-41 and 62B-49 of the Florida Administrative
326	Code to streamline the permitting process, as necessary, for
327	periodic maintenance projects.
328	Section 5.  Subsection (10) of section 163.3180, Florida
329	Statutes, is amended to read:
330	163.3180  Concurrency.-
331	(10)(a)  Except in transportation concurrency exception
332	areas, with regard to roadway facilities on the Strategic
333	Intermodal System designated in accordance with s. 339.63, local
334	governments shall adopt the level-of-service standard
335	established by the Department of Transportation by rule.
336	However, if the Office of Tourism, Trade, and Economic
337	Development concurs in writing with the local government that
338	the proposed development is for a qualified job creation project
339	under s. 288.0656 or s. 403.973, the affected local government,
340	after consulting with the Department of Transportation, may
341	provide for a waiver of transportation concurrency for the
342	project. For all other roads on the State Highway System, local
343	governments shall establish an adequate level-of-service
344	standard that need not be consistent with any level-of-service
345	standard established by the Department of Transportation. In
346	establishing adequate level-of-service standards for any
347	arterial roads, or collector roads as appropriate, which
348	traverse multiple jurisdictions, local governments shall
349	consider compatibility with the roadway facility's adopted
350	level-of-service standards in adjacent jurisdictions. Each local
351	government within a county shall use a professionally accepted
352	methodology for measuring impacts on transportation facilities
353	for the purposes of implementing its concurrency management
354	system. Counties are encouraged to coordinate with adjacent
355	counties, and local governments within a county are encouraged
356	to coordinate, for the purpose of using common methodologies for
357	measuring impacts on transportation facilities for the purpose
358	of implementing their concurrency management systems.
359	(b)  There shall be a limited exemption from the Strategic
360	Intermodal System adopted level-of-service standards for new or
361	redevelopment projects consistent with the local comprehensive
362	plan as inland multimodal facilities receiving or sending cargo
363	for distribution and providing cargo storage, consolidation,
364	repackaging, and transfer of goods, and which may, if developed
365	as proposed, include other intermodal terminals, related
366	transportation facilities, warehousing and distribution
367	facilities, and associated office space, light industrial,
368	manufacturing, and assembly uses. The limited exemption applies
369	if the project meets all of the following criteria:
370	1.  The project will not cause the adopted level-of-service
371	standards for the Strategic Intermodal System facilities to be
372	exceeded by more than 150 percent within the first 5 years of
373	the project's development.
374	2.  The project, upon completion, would result in the
375	creation of at least 50 full-time jobs.
376	3.  The project is compatible with existing and planned
377	adjacent land uses.
378	4.  The project is consistent with local and regional
379	economic development goals or plans.
380	5.  The project is proximate to regionally significant road
381	and rail transportation facilities.
382	6.  The project is proximate to a community having an
383	unemployment rate, as of the date of the development order
384	application, which is 10 percent or more above the statewide
385	reported average.
386	7.  The local government has a plan, developed in
387	consultation with the Department of Transportation, for
388	mitigating any impacts to the strategic intermodal system.
389	Section 6.  Section 166.033, Florida Statutes, is amended
390	to read:
391	166.033  Development permits.-When a municipality denies an
392	application for a development permit, the municipality shall
393	give written notice to the applicant. The notice must include a
394	citation to the applicable portions of an ordinance, rule,
395	statute, or other legal authority for the denial of the permit.
396	As used in this section, the term "development permit" has the
397	same meaning as in s. 163.3164. A municipality may not require
398	as a condition of processing a development permit that an
399	applicant obtain a permit or approval from any other state or
400	federal agency unless the agency has issued a notice of intent
401	to deny the federal or state permit before the municipal action
402	on the local development permit. Issuance of a development
403	permit by a municipality does not in any way create any right on
404	the part of an applicant to obtain a permit from another state
405	or federal agency and does not create any liability on the part
406	of the municipality for issuance of the permit if the applicant
407	fails to fulfill its legal obligations to obtain requisite
408	approvals or fulfill the obligations imposed by another state or
409	federal agency. A municipality may attach such a disclaimer to
410	the issuance of development permits and may include a permit
411	condition that all other applicable state or federal permits be
412	obtained before commencement of the development. This section
413	does not prohibit a municipality from providing information to
414	an applicant regarding what other state or federal permits may
415	apply.
416	Section 7.  Section 218.075, Florida Statutes, is amended
417	to read:
418	218.075  Reduction or waiver of permit processing fees.-
419	Notwithstanding any other provision of law, the Department of
420	Environmental Protection and the water management districts
421	shall reduce or waive permit processing fees for counties with a
422	population of 50,000 or less on April 1, 1994, until such
423	counties exceed a population of 75,000 and municipalities with a
424	population of 25,000 or less, or for an entity created by
425	special act, local ordinance, or interlocal agreement of such
426	counties or municipalities, or for any county or municipality
427	not included within a metropolitan statistical area. Fee
428	reductions or waivers shall be approved on the basis of fiscal
429	hardship or environmental need for a particular project or
430	activity. The governing body must certify that the cost of the
431	permit processing fee is a fiscal hardship due to one of the
432	following factors:
433	(1)  Per capita taxable value is less than the statewide
434	average for the current fiscal year;
435	(2)  Percentage of assessed property value that is exempt
436	from ad valorem taxation is higher than the statewide average
437	for the current fiscal year;
438	(3)  Any condition specified in s. 218.503(1) which results
439	in the county or municipality being in a state of financial
440	emergency;
441	(4)  Ad valorem operating millage rate for the current
442	fiscal year is greater than 8 mills; or
443	(5)  A financial condition that is documented in annual
444	financial statements at the end of the current fiscal year and
445	indicates an inability to pay the permit processing fee during
446	that fiscal year.
447
448	The permit applicant must be the governing body of a county or
449	municipality or a third party under contract with a county or
450	municipality or an entity created by special act, local
451	ordinance, or interlocal agreement and the project for which the
452	fee reduction or waiver is sought must serve a public purpose.
453	If a permit processing fee is reduced, the total fee shall not
454	exceed $100.
455	Section 8.  Paragraphs (a) and (b) of subsection (3) of
456	section 258.397, Florida Statutes, are amended to read:
457	258.397  Biscayne Bay Aquatic Preserve.-
458	(3)  AUTHORITY OF TRUSTEES.-The Board of Trustees of the
459	Internal Improvement Trust Fund is authorized and directed to
460	maintain the aquatic preserve hereby created pursuant and
461	subject to the following provisions:
462	(a)  No further sale, transfer, or lease of sovereignty
463	submerged lands in the preserve shall be approved or consummated
464	by the board of trustees, except upon a showing of extreme
465	hardship on the part of the applicant and a determination by the
466	board of trustees that such sale, transfer, or lease is in the
467	public interest. A municipal applicant proposing a project under
468	paragraph (b) is exempt from showing extreme hardship.
469	(b)  No further dredging or filling of submerged lands of
470	the preserve shall be approved or tolerated by the board of
471	trustees except:
472	1.  Such minimum dredging and spoiling as may be authorized
473	for public navigation projects or for such minimum dredging and
474	spoiling as may be constituted as a public necessity or for
475	preservation of the bay according to the expressed intent of
476	this section.
477	2.  Such other alteration of physical conditions, including
478	the placement of riprap, as may be necessary to enhance the
479	quality and utility of the preserve.
480	3.  Such minimum dredging and filling as may be authorized
481	for the creation and maintenance of marinas, piers, and docks
482	and their attendant navigation channels and access roads. Such
483	projects may only be authorized upon a specific finding by the
484	board of trustees that there is assurance that the project will
485	be constructed and operated in a manner that will not adversely
486	affect the water quality and utility of the preserve. This
487	subparagraph shall not authorize the connection of upland canals
488	to the waters of the preserve.
489	4.  Such dredging as is necessary for the purpose of
490	eliminating conditions hazardous to the public health or for the
491	purpose of eliminating stagnant waters, islands, and spoil
492	banks, the dredging of which would enhance the aesthetic and
493	environmental quality and utility of the preserve and be clearly
494	in the public interest as determined by the board of trustees.
495	5.  Such dredging and filling as is necessary for the
496	creation of public waterfront promenades.
497
498	Any dredging or filling under this subsection or improvements
499	under subsection (5) shall be approved only after public notice
500	as provided by s. 253.115.
501	Section 9.  Subsection (10) is added to section 373.026,
502	Florida Statutes, to read:
503	373.026  General powers and duties of the department.-The
504	department, or its successor agency, shall be responsible for
505	the administration of this chapter at the state level. However,
506	it is the policy of the state that, to the greatest extent
507	possible, the department may enter into interagency or
508	interlocal agreements with any other state agency, any water
509	management district, or any local government conducting programs
510	related to or materially affecting the water resources of the
511	state. All such agreements shall be subject to the provisions of
512	s. 373.046. In addition to its other powers and duties, the
513	department shall, to the greatest extent possible:
514	(10)  Expand the use of Internet-based self-certification
515	services for appropriate exemptions and general permits issued
516	by the department and the water management districts, if such
517	expansion is economically feasible. In addition to expanding the
518	use of Internet-based self-certification services for
519	appropriate exemptions and general permits, the department and
520	water management districts shall identify and develop general
521	permits for appropriate activities currently requiring
522	individual review which could be expedited through the use of
523	applicable professional certification.
524	Section 10.  Subsection (6) is added to section 373.413,
525	Florida Statutes, to read:
526	373.413  Permits for construction or alteration.-
527	(6)  The provisions of s. 403.0874, relating to the
528	incentive-based permitting program, apply to permits issued
529	under this section.
530	Section 11.  Paragraph (c) of subsection (6) of section
531	373.4135, Florida Statutes, is amended to read:
532	373.4135  Mitigation banks and offsite regional
533	mitigation.-
534	(6)  An environmental creation, preservation, enhancement,
535	or restoration project, including regional offsite mitigation
536	areas, for which money is donated or paid as mitigation, that is
537	sponsored by the department, a water management district, or a
538	local government and provides mitigation for five or more
539	applicants for permits under this part, or for 35 or more acres
540	of adverse impacts, shall be established and operated under a
541	memorandum of agreement. The memorandum of agreement shall be
542	between the governmental entity proposing the mitigation project
543	and the department or water management district, as appropriate.
544	Such memorandum of agreement need not be adopted by rule. For
545	the purposes of this subsection, one creation, preservation,
546	enhancement, or restoration project shall mean one or more
547	parcels of land with similar ecological communities that are
548	intended to be created, preserved, enhanced, or restored under a
549	common scheme.
550	(c)  At a minimum, the memorandum of agreement must address
551	the following for each project authorized:
552	1.  A description of the work that will be conducted on the
553	site and a timeline for completion of such work.
554	2.  A timeline for obtaining any required environmental
555	resource permit.
556	3.  The environmental success criteria that the project
557	must achieve.
558	4.  The monitoring and long-term management requirements
559	that must be undertaken for the project.
560	5.  An assessment of the project in accordance with s.
561	373.4136(4)(a)-(i), until the adoption of the uniform wetland
562	mitigation assessment method pursuant to s. 373.414(18).
563	6.  A designation of the entity responsible for the
564	successful completion of the mitigation work.
565	7.  A definition of the geographic area where the project
566	may be used as mitigation established using the criteria of s.
567	373.4136(6).
568	8.  Full cost accounting of the project, including annual
569	review and adjustment.
570	9.  Provision and a timetable for the acquisition of any
571	lands necessary for the project.
572	10.  Provision for preservation of the site.
573	11.  Provision for application of all moneys received
574	solely to the project for which they were collected.
575	12.  Provision for termination of the agreement and
576	cessation of use of the project as mitigation if any material
577	contingency of the agreement has failed to occur.
578	Section 12.  Subsection (4) of section 373.4136, Florida
579	Statutes, is amended to read:
580	373.4136  Establishment and operation of mitigation banks.-
581	(4)  MITIGATION CREDITS.-After evaluating the information
582	submitted by the applicant for a mitigation bank permit and
583	assessing the proposed mitigation bank pursuant to the criteria
584	in this section, the department or water management district
585	shall award a number of mitigation credits to a proposed
586	mitigation bank or phase of such mitigation bank. An entity
587	establishing and operating a mitigation bank may apply to modify
588	the mitigation bank permit to seek the award of additional
589	mitigation credits if the mitigation bank results in an
590	additional increase in ecological value over the value
591	contemplated at the time of the original permit issuance, or the
592	most recent modification thereto involving the number of credits
593	awarded. The number of credits awarded shall be based on the
594	degree of improvement in ecological value expected to result
595	from the establishment and operation of the mitigation bank as
596	determined using the uniform mitigation assessment method
597	adopted pursuant to s. 373.414(18). a functional assessment
598	methodology. In determining the degree of improvement in
599	ecological value, each of the following factors, at a minimum,
600	shall be evaluated:
601	(a) The extent to which target hydrologic regimes can be
602	achieved and maintained.
603	(b) The extent to which management activities promote
604	natural ecological conditions, such as natural fire patterns.
605	(c) The proximity of the mitigation bank to areas with
606	regionally significant ecological resources or habitats, such as
607	national or state parks, Outstanding National Resource Waters
608	and associated watersheds, Outstanding Florida Waters and
609	associated watersheds, and lands acquired through governmental
610	or nonprofit land acquisition programs for environmental
611	conservation; and the extent to which the mitigation bank
612	establishes corridors for fish, wildlife, or listed species to
613	those resources or habitats.
614	(d) The quality and quantity of wetland or upland
615	restoration, enhancement, preservation, or creation.
616	(e) The ecological and hydrological relationship between
617	wetlands and uplands in the mitigation bank.
618	(f) The extent to which the mitigation bank provides
619	habitat for fish and wildlife, especially habitat for species
620	listed as threatened, endangered, or of special concern, or
621	provides habitats that are unique for that mitigation service
622	area.
623	(g) The extent to which the lands that are to be preserved
624	are already protected by existing state, local, or federal
625	regulations or land use restrictions.
626	(h) The extent to which lands to be preserved would be
627	adversely affected if they were not preserved.
628	(i) Any special designation or classification of the
629	affected waters and lands.
630	Section 13.  Subsections (1) and (2), paragraph (c) of
631	subsection (3), and subsection (4) of section 373.4137, Florida
632	Statutes, are amended to read:
633	373.4137  Mitigation requirements for specified
634	transportation projects.-
635	(1)  The Legislature finds that environmental mitigation
636	for the impact of transportation projects proposed by the
637	Department of Transportation or a transportation authority
638	established pursuant to chapter 348 or chapter 349 can be more
639	effectively achieved by regional, long-range mitigation planning
640	rather than on a project-by-project basis. It is the intent of
641	the Legislature that mitigation to offset the adverse effects of
642	these transportation projects be funded by the Department of
643	Transportation and be carried out by the water management
644	districts, through including the use of private mitigation banks
645	if available or, if a private mitigation bank is not available,
646	through any other mitigation options that satisfy state and
647	federal requirements established pursuant to this part.
648	(2)  Environmental impact inventories for transportation
649	projects proposed by the Department of Transportation or a
650	transportation authority established pursuant to chapter 348 or
651	chapter 349 shall be developed as follows:
652	(a)  By July 1 of each year, the Department of
653	Transportation or a transportation authority established
654	pursuant to chapter 348 or chapter 349 which chooses to
655	participate in this program shall submit to the water management
656	districts a list copy of its projects in the adopted work
657	program and an environmental impact inventory of habitats
658	addressed in the rules adopted pursuant to this part and s. 404
659	of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
660	by its plan of construction for transportation projects in the
661	next 3 years of the tentative work program. The Department of
662	Transportation or a transportation authority established
663	pursuant to chapter 348 or chapter 349 may also include in its
664	environmental impact inventory the habitat impacts of any future
665	transportation project. The Department of Transportation and
666	each transportation authority established pursuant to chapter
667	348 or chapter 349 may fund any mitigation activities for future
668	projects using current year funds.
669	(b)  The environmental impact inventory shall include a
670	description of these habitat impacts, including their location,
671	acreage, and type; state water quality classification of
672	impacted wetlands and other surface waters; any other state or
673	regional designations for these habitats; and a list survey of
674	threatened species, endangered species, and species of special
675	concern affected by the proposed project.
676	(3)
677	(c)  Except for current mitigation projects in the
678	monitoring and maintenance phase and except as allowed by
679	paragraph (d), the water management districts may request a
680	transfer of funds from an escrow account no sooner than 30 days
681	prior to the date the funds are needed to pay for activities
682	associated with development or implementation of the approved
683	mitigation plan described in subsection (4) for the current
684	fiscal year, including, but not limited to, design, engineering,
685	production, and staff support. Actual conceptual plan
686	preparation costs incurred before plan approval may be submitted
687	to the Department of Transportation or the appropriate
688	transportation authority each year with the plan. The conceptual
689	plan preparation costs of each water management district will be
690	paid from mitigation funds associated with the environmental
691	impact inventory for the current year. The amount transferred to
692	the escrow accounts each year by the Department of
693	Transportation and participating transportation authorities
694	established pursuant to chapter 348 or chapter 349 shall
695	correspond to a cost per acre of $75,000 multiplied by the
696	projected acres of impact identified in the environmental impact
697	inventory described in subsection (2). However, the $75,000 cost
698	per acre does not constitute an admission against interest by
699	the state or its subdivisions nor is the cost admissible as
700	evidence of full compensation for any property acquired by
701	eminent domain or through inverse condemnation. Each July 1, the
702	cost per acre shall be adjusted by the percentage change in the
703	average of the Consumer Price Index issued by the United States
704	Department of Labor for the most recent 12-month period ending
705	September 30, compared to the base year average, which is the
706	average for the 12-month period ending September 30, 1996. Each
707	quarter, the projected acreage of impact shall be reconciled
708	with the acreage of impact of projects as permitted, including
709	permit modifications, pursuant to this part and s. 404 of the
710	Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
711	of funds shall be adjusted accordingly to reflect the acreage of
712	impacts as permitted. The Department of Transportation and
713	participating transportation authorities established pursuant to
714	chapter 348 or chapter 349 are authorized to transfer such funds
715	from the escrow accounts to the water management districts to
716	carry out the mitigation programs. Environmental mitigation
717	funds that are identified or maintained in an escrow account for
718	the benefit of a water management district may be released if
719	the associated transportation project is excluded in whole or
720	part from the mitigation plan. For a mitigation project that is
721	in the maintenance and monitoring phase, the water management
722	district may request and receive a one-time payment based on the
723	project's expected future maintenance and monitoring costs. Upon
724	disbursement of the final maintenance and monitoring payment,
725	the department or the participating transportation authorities'
726	obligation will be satisfied, the water management district will
727	have continuing responsibility for the mitigation project, and
728	the escrow account for the project established by the Department
729	of Transportation or the participating transportation authority
730	may be closed. Any interest earned on these disbursed funds
731	shall remain with the water management district and must be used
732	as authorized under this section.
733	(4)  Prior to March 1 of each year, each water management
734	district, in consultation with the Department of Environmental
735	Protection, the United States Army Corps of Engineers, the
736	Department of Transportation, participating transportation
737	authorities established pursuant to chapter 348 or chapter 349,
738	and other appropriate federal, state, and local governments, and
739	other interested parties, including entities operating
740	mitigation banks, shall develop a plan for the primary purpose
741	of complying with the mitigation requirements adopted pursuant
742	to this part and 33 U.S.C. s. 1344. In developing such plans,
743	private mitigation banks shall be used if available or, if a
744	private mitigation bank is not available, the districts shall
745	use utilize sound ecosystem management practices to address
746	significant water resource needs and shall focus on activities
747	of the Department of Environmental Protection and the water
748	management districts, such as surface water improvement and
749	management (SWIM) projects and lands identified for potential
750	acquisition for preservation, restoration or enhancement, and
751	the control of invasive and exotic plants in wetlands and other
752	surface waters, to the extent that such activities comply with
753	the mitigation requirements adopted under this part and 33
754	U.S.C. s. 1344. In determining the activities to be included in
755	such plans, the districts shall also consider the purchase of
756	credits from public or private mitigation banks permitted under
757	s. 373.4136 and associated federal authorization and shall
758	include such purchase as a part of the mitigation plan when such
759	purchase would offset the impact of the transportation project,
760	provide equal benefits to the water resources than other
761	mitigation options being considered, and provide the most cost-
762	effective mitigation option. The mitigation plan shall be
763	submitted to the water management district governing board, or
764	its designee, for review and approval. At least 14 days prior to
765	approval, the water management district shall provide a copy of
766	the draft mitigation plan to any person who has requested a
767	copy.
768	(a)  For each transportation project with a funding request
769	for the next fiscal year, the mitigation plan must include a
770	brief explanation of why a mitigation bank was or was not chosen
771	as a mitigation option, including an estimation of identifiable
772	costs of the mitigation bank and nonbank options to the extent
773	practicable.
774	(b)  Specific projects may be excluded from the mitigation
775	plan, in whole or in part, and shall not be subject to this
776	section upon the election agreement of the Department of
777	Transportation, or a transportation authority if applicable, or
778	and the appropriate water management district that the inclusion
779	of such projects would hamper the efficiency or timeliness of
780	the mitigation planning and permitting process. The water
781	management district may choose to exclude a project in whole or
782	in part if the district is unable to identify mitigation that
783	would offset impacts of the project.
784	Section 14.  Subsection (18) of section 373.414, Florida
785	Statutes, is amended to read:
786	373.414  Additional criteria for activities in surface
787	waters and wetlands.-
788	(18)  The department, in coordination with and each water
789	management district responsible for implementation of the
790	environmental resource permitting program, shall develop a
791	uniform mitigation assessment method for wetlands and other
792	surface waters. The department shall adopt the uniform
793	mitigation assessment method by rule no later than July 31,
794	2002. The rule shall provide an exclusive, uniform, and
795	consistent process for determining the amount of mitigation
796	required to offset impacts to wetlands and other surface waters,
797	and, once effective, shall supersede all rules, ordinances, and
798	variance procedures from ordinances that determine the amount of
799	mitigation needed to offset such impacts. Except when evaluating
800	mitigation bank applications, which must meet the criteria of s.
801	373.4136(1), the rule shall be applied only after determining
802	that the mitigation is appropriate to offset the values and
803	functions of wetlands and surface waters to be adversely
804	impacted by the proposed activity. Once the department adopts
805	the uniform mitigation assessment method by rule, the uniform
806	mitigation assessment method shall be binding on the department,
807	the water management districts, local governments, and any other
808	governmental agencies and shall be the sole means to determine
809	the amount of mitigation needed to offset adverse impacts to
810	wetlands and other surface waters and to award and deduct
811	mitigation bank credits. A water management district and any
812	other governmental agency subject to chapter 120 may apply the
813	uniform mitigation assessment method without the need to adopt
814	it pursuant to s. 120.54. It shall be a goal of the department
815	and water management districts that the uniform mitigation
816	assessment method developed be practicable for use within the
817	timeframes provided in the permitting process and result in a
818	consistent process for determining mitigation requirements. It
819	shall be recognized that any such method shall require the
820	application of reasonable scientific judgment. The uniform
821	mitigation assessment method must determine the value of
822	functions provided by wetlands and other surface waters
823	considering the current conditions of these areas, utilization
824	by fish and wildlife, location, uniqueness, and hydrologic
825	connection, and, when applied to mitigation banks, the factors
826	listed in s. 373.4136(4). The uniform mitigation assessment
827	method shall also account for the expected time-lag associated
828	with offsetting impacts and the degree of risk associated with
829	the proposed mitigation. The uniform mitigation assessment
830	method shall account for different ecological communities in
831	different areas of the state. In developing the uniform
832	mitigation assessment method, the department and water
833	management districts shall consult with approved local programs
834	under s. 403.182 which have an established mitigation program
835	for wetlands or other surface waters. The department and water
836	management districts shall consider the recommendations
837	submitted by such approved local programs, including any
838	recommendations relating to the adoption by the department and
839	water management districts of any uniform mitigation methodology
840	that has been adopted and used by an approved local program in
841	its established mitigation program for wetlands or other surface
842	waters. Environmental resource permitting rules may establish
843	categories of permits or thresholds for minor impacts under
844	which the use of the uniform mitigation assessment method will
845	not be required. The application of the uniform mitigation
846	assessment method is not subject to s. 70.001. In the event the
847	rule establishing the uniform mitigation assessment method is
848	deemed to be invalid, the applicable rules related to
849	establishing needed mitigation in existence prior to the
850	adoption of the uniform mitigation assessment method, including
851	those adopted by a county which is an approved local program
852	under s. 403.182, and the method described in paragraph (b) for
853	existing mitigation banks, shall be authorized for use by the
854	department, water management districts, local governments, and
855	other state agencies.
856	(a)  In developing the uniform mitigation assessment
857	method, the department shall seek input from the United States
858	Army Corps of Engineers in order to promote consistency in the
859	mitigation assessment methods used by the state and federal
860	permitting programs.
861	(b)  An entity which has received a mitigation bank permit
862	prior to the adoption of the uniform mitigation assessment
863	method shall have impact sites assessed, for the purpose of
864	deducting bank credits, using the credit assessment method,
865	including any functional assessment methodology, which was in
866	place when the bank was permitted; unless the entity elects to
867	have its credits redetermined, and thereafter have its credits
868	deducted, using the uniform mitigation assessment method.
869	(c)  The department shall ensure statewide coordination and
870	consistency in the interpretation and application of the uniform
871	mitigation assessment method rule by providing programmatic
872	training and guidance to staff of the department, water
873	management districts, and local governments. To ensure that the
874	uniform mitigation assessment method rule is interpreted and
875	applied uniformly, the department's interpretation, guidance,
876	and approach to applying the uniform mitigation assessment
877	method rule shall govern.
878	(d)  Applicants shall submit the information needed to
879	perform the assessment required under the uniform mitigation
880	assessment method rule and may submit the qualitative
881	characterization and quantitative assessment for each assessment
882	area specified by the rule. The reviewing agency shall review
883	that information and notify the applicant of any inadequacy in
884	the information or application of the assessment method.
885	(e)  When conducting qualitative characterization of
886	artificial wetlands and other surface waters, such as borrow
887	pits, ditches, and canals, under the uniform mitigation
888	assessment method rule, the native community type to which it is
889	most analogous in function shall be used as a reference. For
890	wetlands or other surface waters that have been altered from
891	their native community type, the historic community type at that
892	location shall be used as a reference, unless the alteration has
893	been of such a degree and extent that a different native
894	community type is now present and self-sustaining.
895	(f)  When conducting qualitative characterization of upland
896	mitigation assessment areas, the characterization shall include
897	functions that the upland assessment area provides to the fish
898	and wildlife of the associated wetland or other surface waters.
899	These functions shall be considered and accounted for when
900	scoring the upland assessment area for preservation,
901	enhancement, or restoration.
902	(g)  The term "preservation mitigation," as used in the
903	uniform mitigation assessment method, means the protection of
904	important wetland, other surface water, or upland ecosystems
905	predominantly in their existing condition and absent
906	restoration, creation, or enhancement from adverse impacts by
907	placing a conservation easement or other comparable land use
908	restriction over the property or by donation of fee simple
909	interest in the property. Preservation may include a management
910	plan for perpetual protection of the area. The preservation
911	adjustment factor set forth in rule 62-345.500(3), Florida
912	Administrative Code, shall only apply to preservation
913	mitigation.
914	(h)  When assessing a preservation mitigation assessment
915	area under the uniform mitigation assessment method, the
916	following apply:
917	1.  The term "without preservation" means the reasonably
918	anticipated loss of functions and values provided by the
919	assessment area, assuming the area is not preserved.
920	2.  Each of the considerations of the preservation
921	adjustment factor specified in rule 62-345.500(3)(a), Florida
922	Administrative Code, shall be equally weighted and scored on a
923	scale from 0, no value, to 0.2, optimal value. In addition, the
924	minimum preservation adjustment factor shall be 0.2.
925	(i)  The location and landscape support scores, pursuant to
926	rule 62-345.500, Florida Administrative Code, may change in the
927	"with mitigation" or "with impact" condition in both upland and
928	wetland assessment areas, regardless of the initial community
929	structure or water environment scores.
930	(j)  When a mitigation plan for creation, restoration, or
931	enhancement includes a preservation mechanism, such as a
932	conservation easement, the "with mitigation" assessment of that
933	creation, restoration, or enhancement shall consider, and the
934	scores shall reflect, the benefits of that preservation
935	mechanism, and the benefits of that preservation mechanism may
936	not be scored separately.
937	(k)  Any entity holding a mitigation bank permit that was
938	evaluated under the uniform mitigation assessment method before
939	the effective date of paragraphs (c)-(j) may submit a permit
940	modification request to the relevant permitting agency to have
941	such mitigation bank reassessed pursuant to the provisions set
942	forth in this section, and the relevant permitting agency shall
943	reassess such mitigation bank, if such request is filed with
944	that agency no later than September 30, 2011.
945	Section 15.  Section 373.4141, Florida Statutes, is amended
946	to read:
947	373.4141  Permits; processing.-
948	(1)  Within 30 days after receipt of an application for a
949	permit under this part, the department or the water management
950	district shall review the application and shall request
951	submittal of all additional information the department or the
952	water management district is permitted by law to require. If the
953	applicant believes any request for additional information is not
954	authorized by law or rule, the applicant may request a hearing
955	pursuant to s. 120.57. Within 30 days after receipt of such
956	additional information, the department or water management
957	district shall review it and may request only that information
958	needed to clarify such additional information or to answer new
959	questions raised by or directly related to such additional
960	information. If the applicant believes the request of the
961	department or water management district for such additional
962	information is not authorized by law or rule, the department or
963	water management district, at the applicant's request, shall
964	proceed to process the permit application. The department or
965	water management district may request additional information no
966	more than twice unless the applicant waives this limitation in
967	writing. If the applicant does not provide a written response to
968	the second request for additional information within 90 days or
969	another time period mutually agreed upon between the applicant
970	and the department or water management district, the application
971	shall be considered withdrawn.
972	(2)  A permit shall be approved, or denied, or subject to a
973	notice of proposed agency action within 60 90 days after receipt
974	of the original application, the last item of timely requested
975	additional material, or the applicant's written request to begin
976	processing the permit application.
977	(3)  Processing of applications for permits for affordable
978	housing projects shall be expedited to a greater degree than
979	other projects.
980	(4)  A state agency or an agency of the state may not
981	require as a condition of approval for a permit or as an item to
982	complete a pending permit application that an applicant obtain a
983	permit or approval from any other local, state, or federal
984	agency without explicit statutory authority to require such
985	permit or approval.
986	Section 16.  Section 373.4144, Florida Statutes, is amended
987	to read:
988	373.4144  Federal environmental permitting.-
989	(1)  It is the intent of the Legislature to:
990	(a)  Facilitate coordination and a more efficient process
991	of implementing regulatory duties and functions between the
992	Department of Environmental Protection, the water management
993	districts, the United States Army Corps of Engineers, the United
994	States Fish and Wildlife Service, the National Marine Fisheries
995	Service, the United States Environmental Protection Agency, the
996	Fish and Wildlife Conservation Commission, and other relevant
997	federal and state agencies.
998	(b)  Authorize the Department of Environmental Protection
999	to obtain issuance by the United States Army Corps of Engineers,
1000	pursuant to state and federal law and as set forth in this
1001	section, of an expanded state programmatic general permit, or a
1002	series of regional general permits, for categories of activities
1003	in waters of the United States governed by the Clean Water Act
1004	and in navigable waters under the Rivers and Harbors Act of 1899
1005	which are similar in nature, which will cause only minimal
1006	adverse environmental effects when performed separately, and
1007	which will have only minimal cumulative adverse effects on the
1008	environment.
1009	(c)  Use the mechanism of such a state general permit or
1010	such regional general permits to eliminate overlapping federal
1011	regulations and state rules that seek to protect the same
1012	resource and to avoid duplication of permitting between the
1013	United States Army Corps of Engineers and the department for
1014	minor work located in waters of the United States, including
1015	navigable waters, thus eliminating, in appropriate cases, the
1016	need for a separate individual approval from the United States
1017	Army Corps of Engineers while ensuring the most stringent
1018	protection of wetland resources.
1019	(d)  Direct the department not to seek issuance of or take
1020	any action pursuant to any such permit or permits unless such
1021	conditions are at least as protective of the environment and
1022	natural resources as existing state law under this part and
1023	federal law under the Clean Water Act and the Rivers and Harbors
1024	Act of 1899. The department is directed to develop, on or before
1025	October 1, 2005, a mechanism or plan to consolidate, to the
1026	maximum extent practicable, the federal and state wetland
1027	permitting programs. It is the intent of the Legislature that
1028	all dredge and fill activities impacting 10 acres or less of
1029	wetlands or waters, including navigable waters, be processed by
1030	the state as part of the environmental resource permitting
1031	program implemented by the department and the water management
1032	districts. The resulting mechanism or plan shall analyze and
1033	propose the development of an expanded state programmatic
1034	general permit program in conjunction with the United States
1035	Army Corps of Engineers pursuant to s. 404 of the Clean Water
1036	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
1037	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
1038	or in combination with an expanded state programmatic general
1039	permit, the mechanism or plan may propose the creation of a
1040	series of regional general permits issued by the United States
1041	Army Corps of Engineers pursuant to the referenced statutes. All
1042	of the regional general permits must be administered by the
1043	department or the water management districts or their designees.
1044	(2)  In order to effectuate efficient wetland permitting
1045	and avoid duplication, the department and water management
1046	districts are authorized to implement a voluntary state
1047	programmatic general permit for all dredge and fill activities
1048	impacting 3 acres or less of wetlands or other surface waters,
1049	including navigable waters, subject to agreement with the United
1050	States Army Corps of Engineers, if the general permit is at
1051	least as protective of the environment and natural resources as
1052	existing state law under this part and federal law under the
1053	Clean Water Act and the Rivers and Harbors Act of 1899. The
1054	department is directed to file with the Speaker of the House of
1055	Representatives and the President of the Senate a report
1056	proposing any required federal and state statutory changes that
1057	would be necessary to accomplish the directives listed in this
1058	section and to coordinate with the Florida Congressional
1059	Delegation on any necessary changes to federal law to implement
1060	the directives.
1061	(3)  Nothing in this section shall be construed to preclude
1062	the department from pursuing a series of regional general
1063	permits for construction activities in wetlands or surface
1064	waters or complete assumption of federal permitting programs
1065	regulating the discharge of dredged or fill material pursuant to
1066	s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
1067	33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
1068	Act of 1899, so long as the assumption encompasses all dredge
1069	and fill activities in, on, or over jurisdictional wetlands or
1070	waters, including navigable waters, within the state.
1071	Section 17.  Subsections (2) and (3), paragraph (a) of
1072	subsection (4), and paragraph (a) of subsection (6) of section
1073	373.41492, Florida Statutes, are amended to read:
1074	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1075	mitigation for mining activities within the Miami-Dade County
1076	Lake Belt.-
1077	(2)  To provide for the mitigation of wetland resources
1078	lost to mining activities within the Miami-Dade County Lake Belt
1079	Plan, effective October 1, 1999, a mitigation fee is imposed on
1080	each ton of limerock and sand extracted by any person who
1081	engages in the business of extracting limerock or sand from
1082	within the Miami-Dade County Lake Belt Area and the east one-
1083	half of sections 24 and 25 and all of sections 35 and 36,
1084	Township 53 South, Range 39 East. The mitigation fee is imposed
1085	for each ton of limerock and sand sold from within the
1086	properties where the fee applies in raw, processed, or
1087	manufactured form, including, but not limited to, sized
1088	aggregate, asphalt, cement, concrete, and other limerock and
1089	concrete products. The mitigation fee imposed by this subsection
1090	for each ton of limerock and sand sold shall be 12 cents per ton
1091	beginning January 1, 2007; 18 cents per ton beginning January 1,
1092	2008; 24 cents per ton beginning January 1, 2009; and 45 cents
1093	per ton beginning close of business December 31, 2011. To pay
1094	for seepage mitigation projects, including hydrological
1095	structures, as authorized in an environmental resource permit
1096	issued by the department for mining activities within the Miami-
1097	Dade County Lake Belt Area, and to upgrade a water treatment
1098	plant that treats water coming from the Northwest Wellfield in
1099	Miami-Dade County, a water treatment plant upgrade fee is
1100	imposed within the same Lake Belt Area subject to the mitigation
1101	fee and upon the same kind of mined limerock and sand subject to
1102	the mitigation fee. The water treatment plant upgrade fee
1103	imposed by this subsection for each ton of limerock and sand
1104	sold shall be 15 cents per ton beginning on January 1, 2007, and
1105	the collection of this fee shall cease once the total amount of
1106	proceeds collected for this fee reaches the amount of the actual
1107	moneys necessary to design and construct the water treatment
1108	plant upgrade, as determined in an open, public solicitation
1109	process. Any limerock or sand that is used within the mine from
1110	which the limerock or sand is extracted is exempt from the fees.
1111	The amount of the mitigation fee and the water treatment plant
1112	upgrade fee imposed under this section must be stated separately
1113	on the invoice provided to the purchaser of the limerock or sand
1114	product from the limerock or sand miner, or its subsidiary or
1115	affiliate, for which the fee or fees apply. The limerock or sand
1116	miner, or its subsidiary or affiliate, who sells the limerock or
1117	sand product shall collect the mitigation fee and the water
1118	treatment plant upgrade fee and forward the proceeds of the fees
1119	to the Department of Revenue on or before the 20th day of the
1120	month following the calendar month in which the sale occurs. As
1121	used in this section, the term "proceeds of the fee" means all
1122	funds collected and received by the Department of Revenue under
1123	this section, including interest and penalties on delinquent
1124	fees. The amount deducted for administrative costs may not
1125	exceed 3 percent of the total revenues collected under this
1126	section and may equal only those administrative costs reasonably
1127	attributable to the fees.
1128	(3)  The mitigation fee and the water treatment plant
1129	upgrade fee imposed by this section must be reported to the
1130	Department of Revenue. Payment of the mitigation and the water
1131	treatment plant upgrade fees must be accompanied by a form
1132	prescribed by the Department of Revenue. The proceeds of the
1133	mitigation fee, less administrative costs, must be transferred
1134	by the Department of Revenue to the South Florida Water
1135	Management District and deposited into the Lake Belt Mitigation
1136	Trust Fund. Beginning January 1, 2012, and ending December 31,
1137	2017, or upon issuance of water quality certification by the
1138	department for mining activities within Phase II of the Miami-
1139	Dade County Lake Belt Plan, whichever occurs later, the proceeds
1140	of the water treatment plant upgrade fee, less administrative
1141	costs, must be transferred by the Department of Revenue to the
1142	South Florida Water Management District and deposited into the
1143	Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the
1144	proceeds of the water treatment plant upgrade fee, less
1145	administrative costs, must be transferred by the Department of
1146	Revenue to a trust fund established by Miami-Dade County, for
1147	the sole purpose authorized by paragraph (6)(a). As used in this
1148	section, the term "proceeds of the fee" means all funds
1149	collected and received by the Department of Revenue under this
1150	section, including interest and penalties on delinquent fees.
1151	The amount deducted for administrative costs may not exceed 3
1152	percent of the total revenues collected under this section and
1153	may equal only those administrative costs reasonably
1154	attributable to the fees.
1155	(4)(a)  The Department of Revenue shall administer,
1156	collect, and enforce the mitigation and water treatment plant
1157	upgrade fees authorized under this section in accordance with
1158	the procedures used to administer, collect, and enforce the
1159	general sales tax imposed under chapter 212. The provisions of
1160	chapter 212 with respect to the authority of the Department of
1161	Revenue to audit and make assessments, the keeping of books and
1162	records, and the interest and penalties imposed on delinquent
1163	fees apply to this section. The fees may not be included in
1164	computing estimated taxes under s. 212.11, and the dealer's
1165	credit for collecting taxes or fees provided for in s. 212.12
1166	does not apply to the fees imposed by this section.
1167	(6)(a)  The proceeds of the mitigation fee must be used to
1168	conduct mitigation activities that are appropriate to offset the
1169	loss of the value and functions of wetlands as a result of
1170	mining activities and must be used in a manner consistent with
1171	the recommendations contained in the reports submitted to the
1172	Legislature by the Miami-Dade County Lake Belt Plan
1173	Implementation Committee and adopted under s. 373.4149. Such
1174	mitigation may include the purchase, enhancement, restoration,
1175	and management of wetlands and uplands, the purchase of
1176	mitigation credit from a permitted mitigation bank, and any
1177	structural modifications to the existing drainage system to
1178	enhance the hydrology of the Miami-Dade County Lake Belt Area.
1179	Funds may also be used to reimburse other funding sources,
1180	including the Save Our Rivers Land Acquisition Program, the
1181	Internal Improvement Trust Fund, the South Florida Water
1182	Management District, and Miami-Dade County, for the purchase of
1183	lands that were acquired in areas appropriate for mitigation due
1184	to rock mining and to reimburse governmental agencies that
1185	exchanged land under s. 373.4149 for mitigation due to rock
1186	mining. The proceeds of the water treatment plant upgrade fee
1187	that are deposited into the Lake Belt Mitigation Trust Fund
1188	shall be used solely to pay for seepage mitigation projects,
1189	including groundwater or surface water management structures, as
1190	authorized in an environmental resource permit issued by the
1191	department for mining activities within the Miami-Dade County
1192	Lake Belt Area. The proceeds of the water treatment plant
1193	upgrade fee that are transferred to a trust fund established by
1194	Miami-Dade County shall be used to upgrade a water treatment
1195	plant that treats water coming from the Northwest Wellfield in
1196	Miami-Dade County. As used in this section, the terms "upgrade a
1197	water treatment plant" or "water treatment plant upgrade" means
1198	those works necessary to treat or filter a surface water source
1199	or supply or both.
1200	Section 18.  Present subsections (3), (4), and (5) of
1201	section 373.441, Florida Statutes, are renumbered as subsections
1202	(7), (8), and (9), respectively, and new subsections (3), (4),
1203	(5), and (6) are added to that section, to read:
1204	373.441  Role of counties, municipalities, and local
1205	pollution control programs in permit processing; delegation.-
1206	(3)  A county having a population of 200,000 or more or a
1207	municipality having a population of 100,000 or more that
1208	implements a local pollution control program regulating all or a
1209	portion of the wetlands or surface waters throughout its
1210	geographic boundary must apply for delegation of state
1211	environmental resource permitting authority on or before June 1,
1212	2012. A county or municipality that fails to receive delegation
1213	of all or a portion of state environmental resource permitting
1214	authority within 1 year after submitting its application for
1215	delegation or by June 1, 2013, at the latest, may not require
1216	permits that in part or in full are substantially similar to the
1217	requirements needed to obtain an environmental resource permit.
1218	A county or municipality that has received delegation before
1219	June 1, 2012, does not need to reapply.
1220	(4)  The department is responsible for all delegations of
1221	state environmental resource permitting authority to local
1222	governments. The department must grant or deny an application
1223	for delegation submitted by a county or municipality that meets
1224	the criteria in subsection (3) within 1 year after the receipt
1225	of the application. If an application for delegation is denied,
1226	any available legal challenge to such denial shall toll the 1-
1227	year preemption deadline until resolution of the legal
1228	challenge. Upon delegation to a qualified local government, the
1229	department and water management district may not regulate the
1230	activities subject to the delegation within that jurisdiction
1231	unless regulation is required pursuant to the terms of the
1232	delegation agreement.
1233	(5)  This section does not prohibit or limit a local
1234	government that meets the criteria in subsection (3) from
1235	regulating wetlands or surface waters after June 1, 2012, if the
1236	local government receives delegation of all or a portion of
1237	state environmental resource permitting authority within 1 year
1238	after submitting its application for delegation.
1239	(6)  Notwithstanding subsections (3), (4), and (5), this
1240	section does not apply to environmental resource permitting or
1241	reclamation applications for solid mineral mining and does not
1242	prohibit the application of local government regulations to any
1243	new solid mineral mine or any proposed addition to, change to,
1244	or expansion of an existing solid mineral mine.
1245	Section 19.  Paragraph (b) of subsection (11) of section
1246	376.3071, Florida Statutes, is amended to read:
1247	376.3071  Inland Protection Trust Fund; creation; purposes;
1248	funding.-
1249	(11)
1250	(b)  Low-scored site initiative.-Notwithstanding s.
1251	376.30711, any site with a priority ranking score of 10 points
1252	or less may voluntarily participate in the low-scored site
1253	initiative, whether or not the site is eligible for state
1254	restoration funding.
1255	1.  To participate in the low-scored site initiative, the
1256	responsible party or property owner must affirmatively
1257	demonstrate that the following conditions are met:
1258	a.  Upon reassessment pursuant to department rule, the site
1259	retains a priority ranking score of 10 points or less.
1260	b.  No excessively contaminated soil, as defined by
1261	department rule, exists onsite as a result of a release of
1262	petroleum products.
1263	c.  A minimum of 6 months of groundwater monitoring
1264	indicates that the plume is shrinking or stable.
1265	d.  The release of petroleum products at the site does not
1266	adversely affect adjacent surface waters, including their
1267	effects on human health and the environment.
1268	e.  The area of groundwater containing the petroleum
1269	products' chemicals of concern is less than one-quarter acre and
1270	is confined to the source property boundaries of the real
1271	property on which the discharge originated.
1272	f.  Soils onsite that are subject to human exposure found
1273	between land surface and 2 feet below land surface meet the soil
1274	cleanup target levels established by department rule or human
1275	exposure is limited by appropriate institutional or engineering
1276	controls.
1277	2.  Upon affirmative demonstration of the conditions under
1278	subparagraph 1., the department shall issue a determination of
1279	"No Further Action." Such determination acknowledges that
1280	minimal contamination exists onsite and that such contamination
1281	is not a threat to human health or the environment. If no
1282	contamination is detected, the department may issue a site
1283	rehabilitation completion order.
1284	3.  Sites that are eligible for state restoration funding
1285	may receive payment of preapproved costs for the low-scored site
1286	initiative as follows:
1287	a.  A responsible party or property owner may submit an
1288	assessment plan designed to affirmatively demonstrate that the
1289	site meets the conditions under subparagraph 1. Notwithstanding
1290	the priority ranking score of the site, the department may
1291	preapprove the cost of the assessment pursuant to s. 376.30711,
1292	including 6 months of groundwater monitoring, not to exceed
1293	$30,000 for each site. The department may not pay the costs
1294	associated with the establishment of institutional or
1295	engineering controls.
1296	b.  The assessment work shall be completed no later than 6
1297	months after the department issues its approval.
1298	c.  No more than $10 million for the low-scored site
1299	initiative shall be encumbered from the Inland Protection Trust
1300	Fund in any fiscal year. Funds shall be made available on a
1301	first-come, first-served basis and shall be limited to 10 sites
1302	in each fiscal year for each responsible party or property
1303	owner.
1304	d.  Program deductibles, copayments, and the limited
1305	contamination assessment report requirements under paragraph
1306	(13)(c) do not apply to expenditures under this paragraph.
1307	Section 20.  Section 376.30715, Florida Statutes, is
1308	amended to read:
1309	376.30715  Innocent victim petroleum storage system
1310	restoration.-A contaminated site acquired by the current owner
1311	prior to July 1, 1990, which has ceased operating as a petroleum
1312	storage or retail business prior to January 1, 1985, is eligible
1313	for financial assistance pursuant to s. 376.305(6),
1314	notwithstanding s. 376.305(6)(a). For purposes of this section,
1315	the term "acquired" means the acquisition of title to the
1316	property; however, a subsequent transfer of the property to a
1317	spouse or child of the owner, a surviving spouse or child of the
1318	owner in trust or free of trust, or a revocable trust created
1319	for the benefit of the settlor, or a corporate entity created by
1320	the owner to hold title to the site does not disqualify the site
1321	from financial assistance pursuant to s. 376.305(6) and
1322	applicants previously denied coverage may reapply. Eligible
1323	sites shall be ranked in accordance with s. 376.3071(5).
1324	Section 21.  Section 378.413, Florida Statutes, is created
1325	to read:
1326	378.413  Regulatory preemption for construction aggregate
1327	materials mining.-Except as otherwise provided in this section,
1328	it is the intent of the Legislature for all mines for
1329	construction aggregate materials, as defined under s.
1330	337.0261(1), for which an environmental resource permit
1331	application was filed pursuant to part IV of chapter 373, since
1332	January 1, 2008, that the regulation, permitting, and
1333	enforcement of all matters relating to stormwater, drainage,
1334	wetlands, surface or ground water flows or levels, surface or
1335	ground water quality, or surface or ground water management,
1336	reclamation, consumptive uses of water, and imperiled,
1337	endangered, or threatened species under, but not limited to, s.
1338	9, Art. IV of the State Constitution, this chapter, chapters 373
1339	and 379, and parts II and IV of chapter 403 or any equivalent
1340	federal law or regulation, are preempted to the state, and a
1341	county may not enact any ordinance or local rule, or attempt to
1342	regulate or enforce by any means, any matter relating to these
1343	subjects. This section does not apply to construction aggregate
1344	materials mines in the Miami-Dade County Lake Belt Area as
1345	described in s. 373.4149(3).
1346	Section 22.  Paragraph (u) is added to subsection (24) of
1347	section 380.06, Florida Statutes, to read:
1348	380.06  Developments of regional impact.-
1349	(24)  STATUTORY EXEMPTIONS.-
1350	(u)  Any proposed solid mineral mine and any proposed
1351	addition to, expansion of, or change to an existing solid
1352	mineral mine is exempt from the provisions of this section.
1353	Proposed changes to any previously approved solid mineral mine
1354	development-of-regional-impact development orders having vested
1355	rights is not subject to further review or approval as a
1356	development of regional impact or notice of proposed change
1357	review or approval pursuant to subsection (19), except for those
1358	applications pending as of July 1, 2011, which shall be governed
1359	by s. 380.115(2). Notwithstanding the foregoing, however,
1360	pursuant to s. 380.115(1), previously approved solid mineral
1361	mine development-of-regional-impact development orders shall
1362	continue to enjoy vested rights and continue to be effective
1363	unless rescinded by the developer. All local government
1364	regulations of proposed solid mineral mines apply to any new
1365	solid mineral mine or to any proposed addition to, expansion of,
1366	or change to an existing solid mineral mine. Notwithstanding
1367	this exemption, a new solid mineral mine that contributes more
1368	than 5 percent of the maximum service volume to a Strategic
1369	Intermodal System facility operating below its designated level
1370	of service must enter into a binding agreement with the
1371	Department of Transportation to mitigate its impacts to the
1372	Strategic Intermodal System facility.
1373
1374	If a use is exempt from review as a development of regional
1375	impact under paragraphs (a)-(s), but will be part of a larger
1376	project that is subject to review as a development of regional
1377	impact, the impact of the exempt use must be included in the
1378	review of the larger project, unless such exempt use involves a
1379	development of regional impact that includes a landowner,
1380	tenant, or user that has entered into a funding agreement with
1381	the Office of Tourism, Trade, and Economic Development under the
1382	Innovation Incentive Program and the agreement contemplates a
1383	state award of at least $50 million.
1384	Section 23.  Subsection (1) of section 380.0657, Florida
1385	Statutes, is amended to read:
1386	380.0657  Expedited permitting process for economic
1387	development projects.-
1388	(1)  The Department of Environmental Protection and, as
1389	appropriate, the water management districts created under
1390	chapter 373 shall adopt programs to expedite the processing of
1391	wetland resource and environmental resource permits for economic
1392	development projects that have been identified by a municipality
1393	or county as meeting the definition of target industry
1394	businesses under s. 288.106, or any inland multimodal facility,
1395	receiving or sending cargo to or from Florida ports, with the
1396	exception of those projects requiring approval by the Board of
1397	Trustees of the Internal Improvement Trust Fund.
1398	Section 24.  Subsection (11) of section 403.061, Florida
1399	Statutes, is amended to read:
1400	403.061  Department; powers and duties.-The department
1401	shall have the power and the duty to control and prohibit
1402	pollution of air and water in accordance with the law and rules
1403	adopted and promulgated by it and, for this purpose, to:
1404	(11)  Establish ambient air quality and water quality
1405	standards for the state as a whole or for any part thereof, and
1406	also standards for the abatement of excessive and unnecessary
1407	noise. The department is authorized to establish reasonable
1408	zones of mixing for discharges into waters. For existing
1409	installations as defined by rule 62-520.200(10), Florida
1410	Administrative Code, effective July 12, 2009, zones of discharge
1411	to groundwater are authorized to a facility's or owner's
1412	property boundary and extending to the base of a specifically
1413	designated aquifer or aquifers. Exceedance of primary and
1414	secondary groundwater standards that occur within a zone of
1415	discharge does not create liability pursuant to this chapter or
1416	chapter 376 for site cleanup, and the exceedance of soil cleanup
1417	target levels is not a basis for enforcement or site cleanup.
1418	(a)  When a receiving body of water fails to meet a water
1419	quality standard for pollutants set forth in department rules, a
1420	steam electric generating plant discharge of pollutants that is
1421	existing or licensed under this chapter on July 1, 1984, may
1422	nevertheless be granted a mixing zone, provided that:
1423	1.  The standard would not be met in the water body in the
1424	absence of the discharge;
1425	2.  The discharge is in compliance with all applicable
1426	technology-based effluent limitations;
1427	3.  The discharge does not cause a measurable increase in
1428	the degree of noncompliance with the standard at the boundary of
1429	the mixing zone; and
1430	4.  The discharge otherwise complies with the mixing zone
1431	provisions specified in department rules.
1432	(b)  No mixing zone for point source discharges shall be
1433	permitted in Outstanding Florida Waters except for:
1434	1.  Sources that have received permits from the department
1435	prior to April 1, 1982, or the date of designation, whichever is
1436	later;
1437	2.  Blowdown from new power plants certified pursuant to
1438	the Florida Electrical Power Plant Siting Act;
1439	3.  Discharges of water necessary for water management
1440	purposes which have been approved by the governing board of a
1441	water management district and, if required by law, by the
1442	secretary; and
1443	4.  The discharge of demineralization concentrate which has
1444	been determined permittable under s. 403.0882 and which meets
1445	the specific provisions of s. 403.0882(4)(a) and (b), if the
1446	proposed discharge is clearly in the public interest.
1447	(c)  The department, by rule, shall establish water quality
1448	criteria for wetlands which criteria give appropriate
1449	recognition to the water quality of such wetlands in their
1450	natural state.
1451
1452	Nothing in this act shall be construed to invalidate any
1453	existing department rule relating to mixing zones. The
1454	department shall cooperate with the Department of Highway Safety
1455	and Motor Vehicles in the development of regulations required by
1456	s. 316.272(1).
1457
1458	The department shall implement such programs in conjunction with
1459	its other powers and duties and shall place special emphasis on
1460	reducing and eliminating contamination that presents a threat to
1461	humans, animals or plants, or to the environment.
1462	Section 25.  Subsection (7) of section 403.087, Florida
1463	Statutes, is amended to read:
1464	403.087  Permits; general issuance; denial; revocation;
1465	prohibition; penalty.-
1466	(7)  A permit issued pursuant to this section shall not
1467	become a vested right in the permittee. The department may
1468	revoke any permit issued by it if it finds that the permitholder
1469	has:
1470	(a)  Has Submitted false or inaccurate information in the
1471	his or her application for such permit;
1472	(b)  Has Violated law, department orders, rules, or
1473	regulations, or permit conditions;
1474	(c)  Has Failed to submit operational reports or other
1475	information required by department rule which directly relate to
1476	such permit and has refused to correct or cure such violations
1477	when requested to do so or regulation; or
1478	(d)  Has Refused lawful inspection under s. 403.091 at the
1479	facility authorized by such permit.
1480	Section 26.  Section 403.0874, Florida Statutes, is created
1481	to read:
1482	403.0874  Incentive-based permitting program.-
1483	(1)  SHORT TITLE.-This section may be cited as the "Florida
1484	Incentive-based Permitting Act."
1485	(2)  FINDINGS AND INTENT.-The Legislature finds and
1486	declares that the department should consider compliance history
1487	when deciding whether to issue, renew, amend, or modify a permit
1488	by evaluating an applicant's site-specific and program-specific
1489	relevant aggregate compliance history. Persons having a history
1490	of complying with applicable permits or state environmental laws
1491	and rules are eligible for permitting benefits, including, but
1492	not limited to, expedited permit application reviews, longer-
1493	duration permit periods, decreased announced compliance
1494	inspections, and other similar regulatory and compliance
1495	incentives to encourage and reward such persons for their
1496	environmental performance.
1497	(3)  APPLICABILITY.-
1498	(a)  This section applies to all persons and regulated
1499	activities that are subject to the permitting requirements of
1500	chapter 161, chapter 373, or this chapter, and all other
1501	applicable state or federal laws that govern activities for the
1502	purpose of protecting the environment or the public health from
1503	pollution or contamination.
1504	(b)  Notwithstanding paragraph (a), this section does not
1505	apply to certain permit actions or environmental permitting laws
1506	such as:
1507	1.  Environmental permitting or authorization laws that
1508	regulate activities for the purpose of zoning, growth
1509	management, or land use; or
1510	2.  Any federal law or program delegated or assumed by the
1511	state to the extent that implementation of this section, or any
1512	part of this section, would jeopardize the ability of the state
1513	to retain such delegation or assumption.
1514	(c)  As used in this section, the term "regulated activity"
1515	means any activity, including, but not limited to, the
1516	construction or operation of a facility, installation, system,
1517	or project, for which a permit, certification, or authorization
1518	is required under chapter 161, chapter 373, or this chapter.
1519	(4)  COMPLIANCE HISTORY.-The compliance history period
1520	shall be the 10 years before the date any permit or renewal
1521	application is received by the department. Any person is
1522	entitled to the incentives under subsection (5) if:
1523	(a)1.  The applicant has conducted the regulated activity
1524	at the same site for which the permit or renewal is sought for
1525	at least 8 of the 10 years before the date the permit
1526	application is received by the department; or
1527	2.  The applicant has conducted the same regulated activity
1528	at a different site within the state for at least 8 of the 10
1529	years before the date the permit or renewal application is
1530	received by the department; and
1531	(b)  In the 10 years before the date the permit or renewal
1532	application is received by the department or water management
1533	district, the applicant has not been subject to a final
1534	administrative order or civil judgment or criminal conviction
1535	whereby an administrative law judge or civil or criminal court
1536	found the applicant violated the applicable law or rule and has
1537	not been the subject of an administrative settlement or consent
1538	order, whether formal or informal, that established a violation
1539	of an applicable law or rule; and
1540	(c)  The applicant can demonstrate during a 10-year
1541	compliance history period the implementation of activities or
1542	practices that resulted in:
1543	1.  Reductions in actual or permitted discharges or
1544	emissions;
1545	2.  Reductions in the impacts of regulated activities on
1546	public lands or natural resources; and
1547	3.  Implementation of voluntary environmental performance
1548	programs, such as environmental management systems.
1549	(5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1550	applicable incentives at the time of application submittal.
1551	Unless otherwise prohibited by state or federal law, rule, or
1552	regulation, and if the applicant meets all other applicable
1553	criteria for the issuance of a permit or authorization, an
1554	applicant is entitled to the following incentives:
1555	(a)  Expedited reviews on permit actions, including, but
1556	not limited to, initial permit issuance, renewal, modification,
1557	and transfer, if applicable. Expedited review means, at a
1558	minimum, that the initial request for additional information
1559	regarding a permit application shall be issued no later than 30
1560	days after the application is filed, and final agency action
1561	shall be taken no later than 60 days after the application is
1562	deemed complete;
1563	(b)  Priority review of the permit application;
1564	(c)  Reduction in the number of routine compliance
1565	inspections;
1566	(d)  No more than two requests for additional information
1567	under s. 120.60; and
1568	(e)  Longer permit period durations.
1569	(6)  RULEMAKING.-The department may adopt additional
1570	incentives by rule. Such incentives shall be based on, and
1571	proportional to, actions taken by the applicant to reduce the
1572	applicant's impacts on human health and the environment beyond
1573	those actions required by law. The department's rules adopted
1574	under this section are binding on the water management districts
1575	and any local government that has been delegated or assumed a
1576	regulatory program to which this section applies.
1577	(7)  SAVINGS PROVISION.-This section does not affect an
1578	applicant's responsibility to provide reasonable assurance of
1579	compliance with applicable statutes and rules as a condition
1580	precedent to issuance of a permit and does not limit factors the
1581	department, a water management district, or a delegated program
1582	may consider in evaluating a permit application under existing
1583	law.
1584	Section 27.  Subsection (2) of section 403.1838, Florida
1585	Statutes, is amended to read:
1586	403.1838  Small Community Sewer Construction Assistance
1587	Act.-
1588	(2)  The department shall use funds specifically
1589	appropriated to award grants under this section to assist
1590	financially disadvantaged small communities with their needs for
1591	adequate sewer facilities. For purposes of this section, the
1592	term "financially disadvantaged small community" means a
1593	municipality that has with a population of 10,000 7,500 or fewer
1594	less, according to the latest decennial census and a per capita
1595	annual income less than the state per capita annual income as
1596	determined by the United States Department of Commerce.
1597	Section 28.  Paragraph (f) of subsection (1) of section
1598	403.7045, Florida Statutes, is amended to read:
1599	403.7045  Application of act and integration with other
1600	acts.-
1601	(1)  The following wastes or activities shall not be
1602	regulated pursuant to this act:
1603	(f)  Industrial byproducts, if:
1604	1.  A majority of the industrial byproducts are
1605	demonstrated to be sold, used, or reused within 1 year.
1606	2.  The industrial byproducts are not discharged,
1607	deposited, injected, dumped, spilled, leaked, or placed upon any
1608	land or water so that such industrial byproducts, or any
1609	constituent thereof, may enter other lands or be emitted into
1610	the air or discharged into any waters, including groundwaters,
1611	or otherwise enter the environment such that a threat of
1612	contamination in excess of applicable department standards and
1613	criteria or a significant threat to public health is caused.
1614	3.  The industrial byproducts are not hazardous wastes as
1615	defined under s. 403.703 and rules adopted under this section.
1616
1617	Sludge from an industrial waste treatment works that meets the
1618	exemption requirements of this paragraph is not solid waste as
1619	defined in s. 403.703(32).
1620	Section 29.  Subsections (2) and (3) of section 403.707,
1621	Florida Statutes, are amended to read:
1622	403.707  Permits.-
1623	(2)  Except as provided in s. 403.722(6), a permit under
1624	this section is not required for the following, if the activity
1625	does not create a public nuisance or any condition adversely
1626	affecting the environment or public health and does not violate
1627	other state or local laws, ordinances, rules, regulations, or
1628	orders:
1629	(a)  Disposal by persons of solid waste resulting from
1630	their own activities on their own property, if such waste is
1631	ordinary household waste from their residential property or is
1632	rocks, soils, trees, tree remains, and other vegetative matter
1633	that normally result from land development operations. Disposal
1634	of materials that could create a public nuisance or adversely
1635	affect the environment or public health, such as white goods;
1636	automotive materials, such as batteries and tires; petroleum
1637	products; pesticides; solvents; or hazardous substances, is not
1638	covered under this exemption.
1639	(b)  Storage in containers by persons of solid waste
1640	resulting from their own activities on their property, leased or
1641	rented property, or property subject to a homeowners or
1642	maintenance association for which the person contributes
1643	association assessments, if the solid waste in such containers
1644	is collected at least once a week.
1645	(c)  Disposal by persons of solid waste resulting from
1646	their own activities on their property, if the environmental
1647	effects of such disposal on groundwater and surface waters are:
1648	1.  Addressed or authorized by a site certification order
1649	issued under part II or a permit issued by the department under
1650	this chapter or rules adopted pursuant to this chapter; or
1651	2.  Addressed or authorized by, or exempted from the
1652	requirement to obtain, a groundwater monitoring plan approved by
1653	the department. If a facility has a permit authorizing disposal
1654	activity, new areas where solid waste is being disposed of that
1655	are monitored by an existing or modified groundwater monitoring
1656	plan are not required to be specifically authorized in a permit
1657	or other certification.
1658	(d)  Disposal by persons of solid waste resulting from
1659	their own activities on their own property, if such disposal
1660	occurred prior to October 1, 1988.
1661	(e)  Disposal of solid waste resulting from normal farming
1662	operations as defined by department rule. Polyethylene
1663	agricultural plastic, damaged, nonsalvageable, untreated wood
1664	pallets, and packing material that cannot be feasibly recycled,
1665	which are used in connection with agricultural operations
1666	related to the growing, harvesting, or maintenance of crops, may
1667	be disposed of by open burning if a public nuisance or any
1668	condition adversely affecting the environment or the public
1669	health is not created by the open burning and state or federal
1670	ambient air quality standards are not violated.
1671	(f)  The use of clean debris as fill material in any area.
1672	However, this paragraph does not exempt any person from
1673	obtaining any other required permits, and does not affect a
1674	person's responsibility to dispose of clean debris appropriately
1675	if it is not to be used as fill material.
1676	(g)  Compost operations that produce less than 50 cubic
1677	yards of compost per year when the compost produced is used on
1678	the property where the compost operation is located.
1679	(3)(a)  All applicable provisions of ss. 403.087 and
1680	403.088, relating to permits, apply to the control of solid
1681	waste management facilities.
1682	(b)  Any permit issued to a solid waste management facility
1683	that is designed with a leachate control system that meets
1684	department requirements shall be issued for a term of 20 years
1685	unless the applicant requests a lesser permit term. Existing
1686	permit fees for qualifying solid waste management facilities
1687	shall be prorated to the permit term authorized by this section.
1688	This provision applies to all qualifying solid waste management
1689	facilities that apply for an operating or construction permit or
1690	renew an existing operating or construction permit on or after
1691	July 1, 2012.
1692	Section 30.  Subsection (12) is added to section 403.814,
1693	Florida Statutes, to read:
1694	403.814  General permits; delegation.-
1695	(12)  A general permit shall be granted for the
1696	construction, alteration, and maintenance of a surface water
1697	management system serving a total project area of up to 10
1698	acres. The construction of such a system may proceed without any
1699	agency action by the department or water management district if:
1700	(a)  The total project area is less than 10 acres;
1701	(b)  The total project area involves less than 2 acres of
1702	impervious surface;
1703	(c)  No activities will impact wetlands or other surface
1704	waters;
1705	(d)  No activities are conducted in, on, or over wetlands
1706	or other surface waters;
1707	(e)  Drainage facilities will not include pipes having
1708	diameters greater than 24 inches, or the hydraulic equivalent,
1709	and will not use pumps in any manner;
1710	(f)  The project is not part of a larger common plan,
1711	development, or sale.
1712	(g)  The project does not:
1713	1.  Cause adverse water quantity or flooding impacts to
1714	receiving water and adjacent lands;
1715	2.  Cause adverse impacts to existing surface water storage
1716	and conveyance capabilities;
1717	3.  Cause a violation of state water quality standards; and
1718	4.  Cause an adverse impact to the maintenance of surface
1719	or ground water levels or surface water flows established
1720	pursuant to s. 373.042 or a work of the district established
1721	pursuant to s. 373.086; and
1722	(h)  The surface water management system design plans must
1723	be signed and sealed by a Florida registered professional who
1724	shall attest that the system will perform and function as
1725	proposed and has been designed in accordance with appropriate,
1726	generally accepted performance standards and scientific
1727	principles.
1728	Section 31.  Subsection (6) of section 403.853, Florida
1729	Statutes, is amended to read:
1730	403.853  Drinking water standards.-
1731	(6)  Upon the request of the owner or operator of a
1732	transient noncommunity water system using groundwater as a
1733	source of supply and serving religious institutions or
1734	businesses, other than restaurants or other public food service
1735	establishments or religious institutions with school or day care
1736	services, and using groundwater as a source of supply, the
1737	department, or a local county health department designated by
1738	the department, shall perform a sanitary survey of the facility.
1739	Upon receipt of satisfactory survey results according to
1740	department criteria, the department shall reduce the
1741	requirements of such owner or operator from monitoring and
1742	reporting on a quarterly basis to performing these functions on
1743	an annual basis. Any revised monitoring and reporting schedule
1744	approved by the department under this subsection shall apply
1745	until such time as a violation of applicable state or federal
1746	primary drinking water standards is determined by the system
1747	owner or operator, by the department, or by an agency designated
1748	by the department, after a random or routine sanitary survey.
1749	Certified operators are not required for transient noncommunity
1750	water systems of the type and size covered by this subsection.
1751	Any reports required of such system shall be limited to the
1752	minimum as required by federal law. When not contrary to the
1753	provisions of federal law, the department may, upon request and
1754	by rule, waive additional provisions of state drinking water
1755	regulations for such systems.
1756	Section 32.  Paragraph (a) of subsection (3) and
1757	subsections (4), (5), (10), (11), (14), (15), and (18) of
1758	section 403.973, Florida Statutes, are amended to read:
1759	403.973  Expedited permitting; amendments to comprehensive
1760	plans.-
1761	(3)(a)  The secretary shall direct the creation of regional
1762	permit action teams for the purpose of expediting review of
1763	permit applications and local comprehensive plan amendments
1764	submitted by:
1765	1.  Businesses creating at least 50 jobs or a commercial or
1766	industrial development project that will be occupied by
1767	businesses that would individually or collectively create at
1768	least 50 jobs; or
1769	2.  Businesses creating at least 25 jobs if the project is
1770	located in an enterprise zone, or in a county having a
1771	population of fewer than 75,000 or in a county having a
1772	population of fewer than 125,000 which is contiguous to a county
1773	having a population of fewer than 75,000, as determined by the
1774	most recent decennial census, residing in incorporated and
1775	unincorporated areas of the county.
1776	(4)  The regional teams shall be established through the
1777	execution of a project-specific memoranda of agreement developed
1778	and executed by the applicant and the secretary, with input
1779	solicited from the office and the respective heads of the
1780	Department of Community Affairs, the Department of
1781	Transportation and its district offices, the Department of
1782	Agriculture and Consumer Services, the Fish and Wildlife
1783	Conservation Commission, appropriate regional planning councils,
1784	appropriate water management districts, and voluntarily
1785	participating municipalities and counties. The memoranda of
1786	agreement should also accommodate participation in this
1787	expedited process by other local governments and federal
1788	agencies as circumstances warrant.
1789	(5)  In order to facilitate local government's option to
1790	participate in this expedited review process, the secretary
1791	shall, in cooperation with local governments and participating
1792	state agencies, create a standard form memorandum of agreement.
1793	The standard form of the memorandum of agreement shall be used
1794	only if the local government participates in the expedited
1795	review process. In the absence of local government
1796	participation, only the project-specific memorandum of agreement
1797	executed pursuant to subsection (4) applies. A local government
1798	shall hold a duly noticed public workshop to review and explain
1799	to the public the expedited permitting process and the terms and
1800	conditions of the standard form memorandum of agreement.
1801	(10)  The memoranda of agreement may provide for the waiver
1802	or modification of procedural rules prescribing forms, fees,
1803	procedures, or time limits for the review or processing of
1804	permit applications under the jurisdiction of those agencies
1805	that are members of the regional permit action team party to the
1806	memoranda of agreement. Notwithstanding any other provision of
1807	law to the contrary, a memorandum of agreement must to the
1808	extent feasible provide for proceedings and hearings otherwise
1809	held separately by the parties to the memorandum of agreement to
1810	be combined into one proceeding or held jointly and at one
1811	location. Such waivers or modifications shall not be available
1812	for permit applications governed by federally delegated or
1813	approved permitting programs, the requirements of which would
1814	prohibit, or be inconsistent with, such a waiver or
1815	modification.
1816	(11)  The standard form for memoranda of agreement shall
1817	include guidelines to be used in working with state, regional,
1818	and local permitting authorities. Guidelines may include, but
1819	are not limited to, the following:
1820	(a)  A central contact point for filing permit applications
1821	and local comprehensive plan amendments and for obtaining
1822	information on permit and local comprehensive plan amendment
1823	requirements;
1824	(b)  Identification of the individual or individuals within
1825	each respective agency who will be responsible for processing
1826	the expedited permit application or local comprehensive plan
1827	amendment for that agency;
1828	(c)  A mandatory preapplication review process to reduce
1829	permitting conflicts by providing guidance to applicants
1830	regarding the permits needed from each agency and governmental
1831	entity, site planning and development, site suitability and
1832	limitations, facility design, and steps the applicant can take
1833	to ensure expeditious permit application and local comprehensive
1834	plan amendment review. As a part of this process, the first
1835	interagency meeting to discuss a project shall be held within 14
1836	days after the secretary's determination that the project is
1837	eligible for expedited review. Subsequent interagency meetings
1838	may be scheduled to accommodate the needs of participating local
1839	governments that are unable to meet public notice requirements
1840	for executing a memorandum of agreement within this timeframe.
1841	This accommodation may not exceed 45 days from the secretary's
1842	determination that the project is eligible for expedited review;
1843	(d)  The preparation of a single coordinated project
1844	description form and checklist and an agreement by state and
1845	regional agencies to reduce the burden on an applicant to
1846	provide duplicate information to multiple agencies;
1847	(e)  Establishment of a process for the adoption and review
1848	of any comprehensive plan amendment needed by any certified
1849	project within 90 days after the submission of an application
1850	for a comprehensive plan amendment. However, the memorandum of
1851	agreement may not prevent affected persons as defined in s.
1852	163.3184 from appealing or participating in this expedited plan
1853	amendment process and any review or appeals of decisions made
1854	under this paragraph; and
1855	(f)  Additional incentives for an applicant who proposes a
1856	project that provides a net ecosystem benefit.
1857	(14)(a)  Challenges to state agency action in the expedited
1858	permitting process for projects processed under this section are
1859	subject to the summary hearing provisions of s. 120.574, except
1860	that the administrative law judge's decision, as provided in s.
1861	120.574(2)(f), shall be in the form of a recommended order and
1862	shall not constitute the final action of the state agency. In
1863	those proceedings where the action of only one agency of the
1864	state other than the Department of Environmental Protection is
1865	challenged, the agency of the state shall issue the final order
1866	within 45 working days after receipt of the administrative law
1867	judge's recommended order, and the recommended order shall
1868	inform the parties of their right to file exceptions or
1869	responses to the recommended order in accordance with the
1870	uniform rules of procedure pursuant to s. 120.54. In those
1871	proceedings where the actions of more than one agency of the
1872	state are challenged, the Governor shall issue the final order
1873	within 45 working days after receipt of the administrative law
1874	judge's recommended order, and the recommended order shall
1875	inform the parties of their right to file exceptions or
1876	responses to the recommended order in accordance with the
1877	uniform rules of procedure pursuant to s. 120.54. For This
1878	paragraph does not apply to the issuance of department licenses
1879	required under any federally delegated or approved permit
1880	program. In such instances, the department, and not the
1881	Governor, shall enter the final order. The participating
1882	agencies of the state may opt at the preliminary hearing
1883	conference to allow the administrative law judge's decision to
1884	constitute the final agency action. If a participating local
1885	government agrees to participate in the summary hearing
1886	provisions of s. 120.574 for purposes of review of local
1887	government comprehensive plan amendments, s. 163.3184(9) and
1888	(10) apply.
1889	(b)  Projects identified in paragraph (3)(f) or challenges
1890	to state agency action in the expedited permitting process for
1891	establishment of a state-of-the-art biomedical research
1892	institution and campus in this state by the grantee under s.
1893	288.955 are subject to the same requirements as challenges
1894	brought under paragraph (a), except that, notwithstanding s.
1895	120.574, summary proceedings must be conducted within 30 days
1896	after a party files the motion for summary hearing, regardless
1897	of whether the parties agree to the summary proceeding.
1898	(15)  The office, working with the agencies providing
1899	cooperative assistance and input regarding the memoranda of
1900	agreement, shall review sites proposed for the location of
1901	facilities that the office has certified to be eligible for the
1902	Innovation Incentive Program under s. 288.1089. Within 20 days
1903	after the request for the review by the office, the agencies
1904	shall provide to the office a statement as to each site's
1905	necessary permits under local, state, and federal law and an
1906	identification of significant permitting issues, which if
1907	unresolved, may result in the denial of an agency permit or
1908	approval or any significant delay caused by the permitting
1909	process.
1910	(18)  The office, working with the Rural Economic
1911	Development Initiative and the agencies participating in the
1912	memoranda of agreement, shall provide technical assistance in
1913	preparing permit applications and local comprehensive plan
1914	amendments for counties having a population of fewer than 75,000
1915	residents, or counties having fewer than 125,000 residents which
1916	are contiguous to counties having fewer than 75,000 residents.
1917	Additional assistance may include, but not be limited to,
1918	guidance in land development regulations and permitting
1919	processes, working cooperatively with state, regional, and local
1920	entities to identify areas within these counties which may be
1921	suitable or adaptable for preclearance review of specified types
1922	of land uses and other activities requiring permits.
1923	Section 33.  Subsection (5) is added to section 526.203,
1924	Florida Statutes, to read:
1925	526.203  Renewable fuel standard.-
1926	(5)  SALE OF UNBLENDED FUELS.-This section does not
1927	prohibit the sale of unblended fuels for the uses exempted under
1928	subsection (3).
1929	Section 34.  The installation of fuel tank upgrades to
1930	secondary containment systems shall be completed by the
1931	deadlines specified in rule 62-761.510, Florida Administrative
1932	Code, Table UST. However, notwithstanding any agreements to the
1933	contrary, any fuel service station that changed ownership
1934	interest through a bona fide sale of the property between
1935	January 1, 2009, and December 31, 2009, is not required to
1936	complete the upgrades described in rule 62-761.510, Florida
1937	Administrative Code, Table UST, until December 31, 2012.
1938	Section 35.  This act shall take effect July 1, 2011.

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