A bill to be entitled
2An act relating to environmental regulation; amending s.
3120.569, F.S.; providing that a nonapplicant who petitions
4to challenge an agency's issuance of a license, permit, or
5conceptual approval in certain circumstances has the
6burden of ultimate persuasion and the burden of going
7forward with evidence; amending s. 125.022, F.S.;
8prohibiting a county from requiring an applicant to obtain
9a permit or approval from another state or federal agency
10as a condition of processing a development permit under
11certain conditions; authorizing a county to attach certain
12disclaimers to the issuance of a development permit;
13creating s. 161.032, F.S.; requiring that the Department
14of Environmental Protection review an application for
15certain permits under the Beach and Shore Preservation Act
16and request additional information within a specified
17time; requiring that the department proceed to process the
18application if the applicant believes that a request for
19additional information is not authorized by law or rule;
20extending the period for an applicant to timely submit
21additional information, notwithstanding certain provisions
22of the Administrative Procedure Act; authorizing the
23department to issue such permits in advance of the
24issuance of certain permits as provided for in the
25Endangered Species Act under certain conditions; amending
26s. 161.041, F.S.; specifying that s. 403.0874, F.S.,
27authorizing expedited permitting, applies to provisions
28governing coastal construction; prohibiting the Department
29of Environmental Protection from requiring certain
30sediment quality specifications or turbidity standards as
31a permit condition; providing legislative intent with
32respect to permitting for beach renourishment projects;
33directing the department to amend specified rules relating
34to permitting for such projects; amending s. 163.3180,
35F.S.; providing an exemption to the level-of-service
36standards adopted under the Strategic Intermodal System
37for certain inland multimodal facilities; specifying
38project criteria; amending s. 166.033, F.S.; prohibiting a
39municipality from requiring an applicant to obtain a
40permit or approval from another state or federal agency as
41a condition of processing a development permit under
42certain conditions; authorizing a county to attach certain
43disclaimers to the issuance of a development permit;
44amending s. 218.075, F.S.; providing for the reduction or
45waiver of permit processing fees relating to projects that
46serve a public purpose for certain entities created by
47special act, local ordinance, or interlocal agreement;
48amending s. 258.397, F.S.; providing an exemption from a
49showing of extreme hardship relating to the sale,
50transfer, or lease of sovereignty submerged lands in the
51Biscayne Bay Aquatic Preserve for certain municipal
52applicants; providing for additional dredging and filling
53activities in the preserve; amending s. 373.026, F.S.;
54requiring the Department of Environmental Protection to
55expand its use of Internet-based self-certification
56services for exemptions and permits issued by the
57department and water management districts; amending s.
58373.413, F.S.; specifying that s. 403.0874, F.S.,
59authorizing expedited permitting, applies to provisions
60governing surface water management and storage; amending
61s. 373.4135, F.S.; conforming a cross-reference; amending
62s. 373.4136, F.S.; clarifying the use of the uniform
63mitigation assessment method for mitigation credits for
64the establishment and operation of mitigation banks;
65amending s. 373.4137, F.S.; revising legislative findings
66with respect to the options for mitigation relating to
67transportation projects; revising certain requirements for
68determining the habitat impacts of transportation
69projects; requiring water management districts to purchase
70credits from public or private mitigation banks under
71certain conditions; providing for the release of certain
72mitigation funds held for the benefit of a water
73management district if a project is excluded from a
74mitigation plan; requiring water management districts to
75use private mitigation banks in developing plans for
76complying with mitigation requirements; providing an
77exception; revising the procedure for excluding a project
78from a mitigation plan; amending s. 373.414, F.S.;
79revising provisions for the uniform mitigation assessment
80method rule for wetlands and other surface waters;
81providing requirements for the interpretation and
82application of the uniform mitigation assessment method
83rule; providing an exception; defining the terms
84"preservation mitigation" and "without preservation" for
85the purposes of certain assessments pursuant to the rule;
86providing for reassessment of mitigation banks under
87certain conditions; amending s. 373.4141, F.S.; providing
88a limitation for the request of additional information
89from an applicant by the department; providing that
90failure of an applicant to respond to such a request
91within a specified time period constitutes withdrawal of
92the application; reducing the time within which a permit
93must be approved, denied, or subject to notice of proposed
94agency action; prohibiting a state agency or an agency of
95the state from requiring additional permits or approval
96from a local, state, or federal agency without explicit
97authority; amending s. 373.4144, F.S.; providing
98legislative intent with respect to the coordination of
99regulatory duties among specified state and federal
100agencies; requiring that the department report annually to
101the Legislature on efforts to expand the state
102programmatic general permit or regional general permits;
103providing for a voluntary state programmatic general
104permit for certain dredge and fill activities; amending s.
105373.41492, F.S.; authorizing the use of proceeds from the
106water treatment plant upgrade fee to pay for specified
107mitigation projects; requiring proceeds from the water
108treatment plant upgrade fee to be transferred by the
109Department of Revenue to the South Florida Water
110Management District and deposited into the Lake Belt
111Mitigation Trust Fund for a specified period of time;
112providing, after that period, for the proceeds of the
113water treatment plant upgrade fee to return to being
114transferred by the Department of Revenue to a trust fund
115established by Miami-Dade County for specified purposes;
116conforming a term; amending s. 373.441, F.S.; requiring
117that certain counties or municipalities apply by a
118specified date to the department or water management
119district for authority to require certain permits;
120providing that following such delegation, the department
121or district may not regulate activities that are subject
122to the delegation; clarifying the authority of local
123governments to adopt pollution control programs under
124certain conditions; amending s. 376.3071, F.S.; exempting
125program deductibles, copayments, and certain assessment
126report requirements from expenditures under the low-scored
127site initiative; amending s. 376.30715, F.S.; providing
128that the transfer of a contaminated site from an owner to
129a child of the owner or corporate entity does not
130disqualify the site from the innocent victim petroleum
131storage system restoration financial assistance program;
132authorizing certain applicants to reapply for financial
133assistance; creating s. 378.413, F.S.; providing
134legislative intent with respect to preemption of
135environmental regulation for construction aggregate
136materials mining; limiting the authority of counties to
137adopt to specified ordinances and rules; providing an
138exemption; amending s. 380.06, F.S.; exempting a proposed
139solid mineral mine or a proposed addition or expansion of
140an existing solid mineral mine from provisions governing
141developments of regional impact; providing certain
142exceptions; clarifying the applicability of local
143government regulations with respect to such mining
144activities; requiring solid mineral mines that meet
145specified criteria to enter into binding agreements with
146the Department of Transportation to mitigate impacts to
147Strategic Intermodal System facilities; amending s.
148380.0657, F.S.; authorizing expedited permitting for
149certain inland multimodal facilities that individually or
150collectively will create a minimum number of jobs;
151amending s. 403.061, F.S.; requiring the Department of
152Environmental Protection to establish reasonable zones of
153mixing for discharges into specified waters; providing
154that exceedance of certain groundwater standards does not
155create liability for site cleanup; providing that
156exceedance of soil cleanup target levels is not a basis
157for enforcement or cleanup; amending s. 403.087, F.S.;
158revising conditions under which the department is
159authorized to revoke environmental resource permits;
160creating s. 403.0874, F.S.; providing a short title;
161providing legislative findings and intent with respect to
162the consideration of the compliance history of a permit
163applicant; providing for applicability; specifying the
164period of compliance history to be considered is issuing
165or renewing a permit; providing criteria to be considered
166by the Department of Environmental Protection; authorizing
167expedited review of permit issuance, renewal,
168modification, and transfer; providing for a reduced number
169of inspections; providing for extended permit duration;
170authorizing the department to make additional incentives
171available under certain circumstances; providing for
172automatic permit renewal and reduced or waived fees under
173certain circumstances; authorizing the department to adopt
174additional incentives by rule; providing that such rules
175are binding on a water management district or local
176government that has been delegated certain regulatory
177duties; limiting applicability; amending s. 403.1838,
178F.S.; revising the definition of the term "financially
179disadvantaged small community" for the purposes of the
180Small Community Sewer Construction Assistance Act;
181amending s. 403.7045, F.S.; providing conditions under
182which sludge from an industrial waste treatment works is
183not solid waste; amending s. 403.707, F.S.; exempting the
184disposal of solid waste monitored by certain groundwater
185monitoring plans from specific authorization; extending
186the duration of all permits issued to solid waste
187management facilities that meet specified criteria;
188providing an exception; providing for prorated permit
189fees; providing applicability; amending s. 403.814, F.S.;
190providing for issuance of general permits for the
191construction, alteration, and maintenance of certain
192surface water management systems without the action of the
193department or a water management district; specifying
194conditions for the general permits; amending s. 403.853,
195F.S.; providing for the Department of Health, or a local
196county health department designated by the department, to
197perform sanitary surveys for a transient noncommunity
198water system using groundwater as a source of supply and
199serving religious institutions or businesses; amending s.
200403.973, F.S.; authorizing expedited permitting for
201certain commercial or industrial development projects that
202individually or collectively will create a minimum number
203of jobs; providing for a project-specific memorandum of
204agreement to apply to a project subject to expedited
205permitting; clarifying the authority of the Department of
206Environmental Protection to enter final orders for the
207issuance of certain licenses; revising criteria for the
208review of certain sites; amending s. 526.203, F.S.;
209authorizing the sale of unblended fuels for certain uses;
210revising the deadline for completion of the installation
211of fuel tank upgrades to secondary containment systems for
212specified properties; providing an effective date.
214Be It Enacted by the Legislature of the State of Florida:
216     Section 1.  Paragraph (p) is added to subsection (2) of
217section 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
221378, or chapter 403, if a nonapplicant petitions as a third
222party to challenge an agency's issuance of a license, permit, or
223conceptual approval, the order of presentation in the proceeding
224shall be for the permit applicant to present a prima facie case
225demonstrating entitlement to the license, permit, or conceptual
226approval, followed by the agency. This demonstration may be made
227by entering into evidence the application and relevant material
228submitted to the agency in support of the application, and the
229agency's staff report or notice of intent to approve the permit,
230license, or conceptual approval. Subsequent to the presentation
231of the applicant's prima facie case and any direct evidence
232submitted by the agency, the petitioner initiating the action
233challenging the issuance of the license, permit, or conceptual
234approval has the burden of ultimate persuasion and has the
235burden of going forward to prove the case in opposition to the
236license, permit, or conceptual approval through the presentation
237of competent and substantial evidence. The permit applicant and
238agency may on rebuttal present any evidence relevant to
239demonstrating that the application meets the conditions for
240issuance. Notwithstanding subsection (1), this paragraph applies
241to proceedings under s. 120.574.
242     Section 2.  Section 125.022, Florida Statutes, is amended
243to read:
244     125.022  Development permits.-When a county denies an
245application for a development permit, the county shall give
246written notice to the applicant. The notice must include a
247citation to the applicable portions of an ordinance, rule,
248statute, or other legal authority for the denial of the permit.
249As used in this section, the term "development permit" has the
250same meaning as in s. 163.3164. A county may not require as a
251condition of processing a development permit that an applicant
252obtain a permit or approval from any other state or federal
253agency unless the agency has issued a notice of intent to deny
254the federal or state permit before the county action on the
255local development permit. Issuance of a development permit by a
256county does not in any way create any rights on the part of the
257applicant to obtain a permit from another state or federal
258agency and does not create any liability on the part of the
259county for issuance of the permit if the applicant fails to
260fulfill its legal obligations to obtain requisite approvals or
261fulfill the obligations imposed by another state or a federal
262agency. A county may attach such a disclaimer to the issuance of
263a development permit, and may include a permit condition that
264all other applicable state or federal permits be obtained before
265commencement of the development. This section does not prohibit
266a county from providing information to an applicant regarding
267what other state or federal permits may apply.
268     Section 3.  Section 161.032, Florida Statutes, is created
269to read:
270     161.032  Application review; request for additional
272     (1)  Within 30 days after receipt of an application for a
273permit under this part, the department shall review the
274application and shall request submission of any additional
275information the department is permitted by law to require. If
276the applicant believes that a request for additional information
277is not authorized by law or rule, the applicant may request a
278hearing pursuant to s. 120.57. Within 30 days after receipt of
279such additional information, the department shall review such
280additional information and may request only that information
281needed to clarify such additional information or to answer new
282questions raised by or directly related to such additional
283information. If the applicant believes that the request for such
284additional information by the department is not authorized by
285law or rule, the department, at the applicant's request, shall
286proceed to process the permit application.
287     (2)  Notwithstanding s. 120.60, an applicant for a permit
288under this part has 90 days after the date of a timely request
289for additional information to submit such information. If an
290applicant requires more than 90 days in order to respond to a
291request for additional information, the applicant must notify
292the agency processing the permit application in writing of the
293circumstances, at which time the application shall be held in
294active status for no more than one additional period of up to 90
295days. Additional extensions may be granted for good cause shown
296by the applicant. A showing that the applicant is making a
297diligent effort to obtain the requested additional information
298constitutes good cause. Failure of an applicant to provide the
299timely requested information by the applicable deadline shall
300result in denial of the application without prejudice.
301     (3)  Notwithstanding any other provision of law, the
302department is authorized to issue permits pursuant to this part
303in advance of the issuance of any incidental take authorization
304as provided for in the Endangered Species Act and its
305implementing regulations if the permits and authorizations
306include a condition requiring that authorized activities shall
307not begin until such incidental take authorization is issued.
308     Section 4.  Subsections (5), (6), and (7) are added to
309section 161.041, Florida Statutes, to read:
310     161.041  Permits required.-
311     (5)  The provisions of s. 403.0874, relating to the
312incentive-based permitting program, apply to all permits issued
313under this chapter.
314     (6)  The department may not require as a permit condition
315sediment quality specifications or turbidity standards more
316stringent than those provided for in this chapter, chapter 373,
317or the Florida Administrative Code. The department may not issue
318guidelines that are enforceable as standards without going
319through the rulemaking process pursuant to chapter 120.
320     (7)  As an incentive for permit applicants, it is the
321Legislature's intent to simplify the permitting for periodic
322maintenance of beach renourishment projects previously permitted
323and restored under the joint coastal permit process pursuant to
324this section or part IV of chapter 373. The department shall
325amend chapters 62B-41 and 62B-49 of the Florida Administrative
326Code to streamline the permitting process, as necessary, for
327periodic maintenance projects.
328     Section 5.  Subsection (10) of section 163.3180, Florida
329Statutes, is amended to read:
330     163.3180  Concurrency.-
331     (10)(a)  Except in transportation concurrency exception
332areas, with regard to roadway facilities on the Strategic
333Intermodal System designated in accordance with s. 339.63, local
334governments shall adopt the level-of-service standard
335established by the Department of Transportation by rule.
336However, if the Office of Tourism, Trade, and Economic
337Development concurs in writing with the local government that
338the proposed development is for a qualified job creation project
339under s. 288.0656 or s. 403.973, the affected local government,
340after consulting with the Department of Transportation, may
341provide for a waiver of transportation concurrency for the
342project. For all other roads on the State Highway System, local
343governments shall establish an adequate level-of-service
344standard that need not be consistent with any level-of-service
345standard established by the Department of Transportation. In
346establishing adequate level-of-service standards for any
347arterial roads, or collector roads as appropriate, which
348traverse multiple jurisdictions, local governments shall
349consider compatibility with the roadway facility's adopted
350level-of-service standards in adjacent jurisdictions. Each local
351government within a county shall use a professionally accepted
352methodology for measuring impacts on transportation facilities
353for the purposes of implementing its concurrency management
354system. Counties are encouraged to coordinate with adjacent
355counties, and local governments within a county are encouraged
356to coordinate, for the purpose of using common methodologies for
357measuring impacts on transportation facilities for the purpose
358of implementing their concurrency management systems.
359     (b)  There shall be a limited exemption from the Strategic
360Intermodal System adopted level-of-service standards for new or
361redevelopment projects consistent with the local comprehensive
362plan as inland multimodal facilities receiving or sending cargo
363for distribution and providing cargo storage, consolidation,
364repackaging, and transfer of goods, and which may, if developed
365as proposed, include other intermodal terminals, related
366transportation facilities, warehousing and distribution
367facilities, and associated office space, light industrial,
368manufacturing, and assembly uses. The limited exemption applies
369if the project meets all of the following criteria:
370     1.  The project will not cause the adopted level-of-service
371standards for the Strategic Intermodal System facilities to be
372exceeded by more than 150 percent within the first 5 years of
373the project's development.
374     2.  The project, upon completion, would result in the
375creation of at least 50 full-time jobs.
376     3.  The project is compatible with existing and planned
377adjacent land uses.
378     4.  The project is consistent with local and regional
379economic development goals or plans.
380     5.  The project is proximate to regionally significant road
381and rail transportation facilities.
382     6.  The project is proximate to a community having an
383unemployment rate, as of the date of the development order
384application, which is 10 percent or more above the statewide
385reported average.
386     7.  The local government has a plan, developed in
387consultation with the Department of Transportation, for
388mitigating any impacts to the strategic intermodal system.
389     Section 6.  Section 166.033, Florida Statutes, is amended
390to read:
391     166.033  Development permits.-When a municipality denies an
392application for a development permit, the municipality shall
393give written notice to the applicant. The notice must include a
394citation to the applicable portions of an ordinance, rule,
395statute, or other legal authority for the denial of the permit.
396As used in this section, the term "development permit" has the
397same meaning as in s. 163.3164. A municipality may not require
398as a condition of processing a development permit that an
399applicant obtain a permit or approval from any other state or
400federal agency unless the agency has issued a notice of intent
401to deny the federal or state permit before the municipal action
402on the local development permit. Issuance of a development
403permit by a municipality does not in any way create any right on
404the part of an applicant to obtain a permit from another state
405or federal agency and does not create any liability on the part
406of the municipality for issuance of the permit if the applicant
407fails to fulfill its legal obligations to obtain requisite
408approvals or fulfill the obligations imposed by another state or
409federal agency. A municipality may attach such a disclaimer to
410the issuance of development permits and may include a permit
411condition that all other applicable state or federal permits be
412obtained before commencement of the development. This section
413does not prohibit a municipality from providing information to
414an applicant regarding what other state or federal permits may
416     Section 7.  Section 218.075, Florida Statutes, is amended
417to read:
418     218.075  Reduction or waiver of permit processing fees.-
419Notwithstanding any other provision of law, the Department of
420Environmental Protection and the water management districts
421shall reduce or waive permit processing fees for counties with a
422population of 50,000 or less on April 1, 1994, until such
423counties exceed a population of 75,000 and municipalities with a
424population of 25,000 or less, or for an entity created by
425special act, local ordinance, or interlocal agreement of such
426counties or municipalities, or for any county or municipality
427not included within a metropolitan statistical area. Fee
428reductions or waivers shall be approved on the basis of fiscal
429hardship or environmental need for a particular project or
430activity. The governing body must certify that the cost of the
431permit processing fee is a fiscal hardship due to one of the
432following factors:
433     (1)  Per capita taxable value is less than the statewide
434average for the current fiscal year;
435     (2)  Percentage of assessed property value that is exempt
436from ad valorem taxation is higher than the statewide average
437for the current fiscal year;
438     (3)  Any condition specified in s. 218.503(1) which results
439in the county or municipality being in a state of financial
441     (4)  Ad valorem operating millage rate for the current
442fiscal year is greater than 8 mills; or
443     (5)  A financial condition that is documented in annual
444financial statements at the end of the current fiscal year and
445indicates an inability to pay the permit processing fee during
446that fiscal year.
448The permit applicant must be the governing body of a county or
449municipality or a third party under contract with a county or
450municipality or an entity created by special act, local
451ordinance, or interlocal agreement and the project for which the
452fee reduction or waiver is sought must serve a public purpose.
453If a permit processing fee is reduced, the total fee shall not
454exceed $100.
455     Section 8.  Paragraphs (a) and (b) of subsection (3) of
456section 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
459Internal Improvement Trust Fund is authorized and directed to
460maintain the aquatic preserve hereby created pursuant and
461subject to the following provisions:
462     (a)  No further sale, transfer, or lease of sovereignty
463submerged lands in the preserve shall be approved or consummated
464by the board of trustees, except upon a showing of extreme
465hardship on the part of the applicant and a determination by the
466board of trustees that such sale, transfer, or lease is in the
467public interest. A municipal applicant proposing a project under
468paragraph (b) is exempt from showing extreme hardship.
469     (b)  No further dredging or filling of submerged lands of
470the preserve shall be approved or tolerated by the board of
471trustees except:
472     1.  Such minimum dredging and spoiling as may be authorized
473for public navigation projects or for such minimum dredging and
474spoiling as may be constituted as a public necessity or for
475preservation of the bay according to the expressed intent of
476this section.
477     2.  Such other alteration of physical conditions, including
478the placement of riprap, as may be necessary to enhance the
479quality and utility of the preserve.
480     3.  Such minimum dredging and filling as may be authorized
481for the creation and maintenance of marinas, piers, and docks
482and their attendant navigation channels and access roads. Such
483projects may only be authorized upon a specific finding by the
484board of trustees that there is assurance that the project will
485be constructed and operated in a manner that will not adversely
486affect the water quality and utility of the preserve. This
487subparagraph shall not authorize the connection of upland canals
488to the waters of the preserve.
489     4.  Such dredging as is necessary for the purpose of
490eliminating conditions hazardous to the public health or for the
491purpose of eliminating stagnant waters, islands, and spoil
492banks, the dredging of which would enhance the aesthetic and
493environmental quality and utility of the preserve and be clearly
494in the public interest as determined by the board of trustees.
495     5.  Such dredging and filling as is necessary for the
496creation of public waterfront promenades.
498Any dredging or filling under this subsection or improvements
499under subsection (5) shall be approved only after public notice
500as provided by s. 253.115.
501     Section 9.  Subsection (10) is added to section 373.026,
502Florida Statutes, to read:
503     373.026  General powers and duties of the department.-The
504department, or its successor agency, shall be responsible for
505the administration of this chapter at the state level. However,
506it is the policy of the state that, to the greatest extent
507possible, the department may enter into interagency or
508interlocal agreements with any other state agency, any water
509management district, or any local government conducting programs
510related to or materially affecting the water resources of the
511state. All such agreements shall be subject to the provisions of
512s. 373.046. In addition to its other powers and duties, the
513department shall, to the greatest extent possible:
514     (10)  Expand the use of Internet-based self-certification
515services for appropriate exemptions and general permits issued
516by the department and the water management districts, if such
517expansion is economically feasible. In addition to expanding the
518use of Internet-based self-certification services for
519appropriate exemptions and general permits, the department and
520water management districts shall identify and develop general
521permits for appropriate activities currently requiring
522individual review which could be expedited through the use of
523applicable professional certification.
524     Section 10.  Subsection (6) is added to section 373.413,
525Florida Statutes, to read:
526     373.413  Permits for construction or alteration.-
527     (6)  The provisions of s. 403.0874, relating to the
528incentive-based permitting program, apply to permits issued
529under this section.
530     Section 11.  Paragraph (c) of subsection (6) of section
531373.4135, Florida Statutes, is amended to read:
532     373.4135  Mitigation banks and offsite regional
534     (6)  An environmental creation, preservation, enhancement,
535or restoration project, including regional offsite mitigation
536areas, for which money is donated or paid as mitigation, that is
537sponsored by the department, a water management district, or a
538local government and provides mitigation for five or more
539applicants for permits under this part, or for 35 or more acres
540of adverse impacts, shall be established and operated under a
541memorandum of agreement. The memorandum of agreement shall be
542between the governmental entity proposing the mitigation project
543and the department or water management district, as appropriate.
544Such memorandum of agreement need not be adopted by rule. For
545the purposes of this subsection, one creation, preservation,
546enhancement, or restoration project shall mean one or more
547parcels of land with similar ecological communities that are
548intended to be created, preserved, enhanced, or restored under a
549common scheme.
550     (c)  At a minimum, the memorandum of agreement must address
551the following for each project authorized:
552     1.  A description of the work that will be conducted on the
553site and a timeline for completion of such work.
554     2.  A timeline for obtaining any required environmental
555resource permit.
556     3.  The environmental success criteria that the project
557must achieve.
558     4.  The monitoring and long-term management requirements
559that must be undertaken for the project.
560     5.  An assessment of the project in accordance with s.
561373.4136(4)(a)-(i), until the adoption of the uniform wetland
562mitigation assessment method pursuant to s. 373.414(18).
563     6.  A designation of the entity responsible for the
564successful completion of the mitigation work.
565     7.  A definition of the geographic area where the project
566may be used as mitigation established using the criteria of s.
568     8.  Full cost accounting of the project, including annual
569review and adjustment.
570     9.  Provision and a timetable for the acquisition of any
571lands necessary for the project.
572     10.  Provision for preservation of the site.
573     11.  Provision for application of all moneys received
574solely to the project for which they were collected.
575     12.  Provision for termination of the agreement and
576cessation of use of the project as mitigation if any material
577contingency of the agreement has failed to occur.
578     Section 12.  Subsection (4) of section 373.4136, Florida
579Statutes, is amended to read:
580     373.4136  Establishment and operation of mitigation banks.-
581     (4)  MITIGATION CREDITS.-After evaluating the information
582submitted by the applicant for a mitigation bank permit and
583assessing the proposed mitigation bank pursuant to the criteria
584in this section, the department or water management district
585shall award a number of mitigation credits to a proposed
586mitigation bank or phase of such mitigation bank. An entity
587establishing and operating a mitigation bank may apply to modify
588the mitigation bank permit to seek the award of additional
589mitigation credits if the mitigation bank results in an
590additional increase in ecological value over the value
591contemplated at the time of the original permit issuance, or the
592most recent modification thereto involving the number of credits
593awarded. The number of credits awarded shall be based on the
594degree of improvement in ecological value expected to result
595from the establishment and operation of the mitigation bank as
596determined using the uniform mitigation assessment method
597adopted pursuant to s. 373.414(18). a functional assessment
598methodology. In determining the degree of improvement in
599ecological value, each of the following factors, at a minimum,
600shall be evaluated:
601     (a) The extent to which target hydrologic regimes can be
602achieved and maintained.
603     (b) The extent to which management activities promote
604natural ecological conditions, such as natural fire patterns.
605     (c) The proximity of the mitigation bank to areas with
606regionally significant ecological resources or habitats, such as
607national or state parks, Outstanding National Resource Waters
608and associated watersheds, Outstanding Florida Waters and
609associated watersheds, and lands acquired through governmental
610or nonprofit land acquisition programs for environmental
611conservation; and the extent to which the mitigation bank
612establishes corridors for fish, wildlife, or listed species to
613those resources or habitats.
614     (d) The quality and quantity of wetland or upland
615restoration, enhancement, preservation, or creation.
616     (e) The ecological and hydrological relationship between
617wetlands and uplands in the mitigation bank.
618     (f) The extent to which the mitigation bank provides
619habitat for fish and wildlife, especially habitat for species
620listed as threatened, endangered, or of special concern, or
621provides habitats that are unique for that mitigation service
623     (g) The extent to which the lands that are to be preserved
624are already protected by existing state, local, or federal
625regulations or land use restrictions.
626     (h) The extent to which lands to be preserved would be
627adversely affected if they were not preserved.
628     (i) Any special designation or classification of the
629affected waters and lands.
630     Section 13.  Subsections (1) and (2), paragraph (c) of
631subsection (3), and subsection (4) of section 373.4137, Florida
632Statutes, are amended to read:
633     373.4137  Mitigation requirements for specified
634transportation projects.-
635     (1)  The Legislature finds that environmental mitigation
636for the impact of transportation projects proposed by the
637Department of Transportation or a transportation authority
638established pursuant to chapter 348 or chapter 349 can be more
639effectively achieved by regional, long-range mitigation planning
640rather than on a project-by-project basis. It is the intent of
641the Legislature that mitigation to offset the adverse effects of
642these transportation projects be funded by the Department of
643Transportation and be carried out by the water management
644districts, through including the use of private mitigation banks
645if available or, if a private mitigation bank is not available,
646through any other mitigation options that satisfy state and
647federal requirements established pursuant to this part.
648     (2)  Environmental impact inventories for transportation
649projects proposed by the Department of Transportation or a
650transportation authority established pursuant to chapter 348 or
651chapter 349 shall be developed as follows:
652     (a)  By July 1 of each year, the Department of
653Transportation or a transportation authority established
654pursuant to chapter 348 or chapter 349 which chooses to
655participate in this program shall submit to the water management
656districts a list copy of its projects in the adopted work
657program and an environmental impact inventory of habitats
658addressed in the rules adopted pursuant to this part and s. 404
659of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
660by its plan of construction for transportation projects in the
661next 3 years of the tentative work program. The Department of
662Transportation or a transportation authority established
663pursuant to chapter 348 or chapter 349 may also include in its
664environmental impact inventory the habitat impacts of any future
665transportation project. The Department of Transportation and
666each transportation authority established pursuant to chapter
667348 or chapter 349 may fund any mitigation activities for future
668projects using current year funds.
669     (b)  The environmental impact inventory shall include a
670description of these habitat impacts, including their location,
671acreage, and type; state water quality classification of
672impacted wetlands and other surface waters; any other state or
673regional designations for these habitats; and a list survey of
674threatened species, endangered species, and species of special
675concern affected by the proposed project.
676     (3)
677     (c)  Except for current mitigation projects in the
678monitoring and maintenance phase and except as allowed by
679paragraph (d), the water management districts may request a
680transfer of funds from an escrow account no sooner than 30 days
681prior to the date the funds are needed to pay for activities
682associated with development or implementation of the approved
683mitigation plan described in subsection (4) for the current
684fiscal year, including, but not limited to, design, engineering,
685production, and staff support. Actual conceptual plan
686preparation costs incurred before plan approval may be submitted
687to the Department of Transportation or the appropriate
688transportation authority each year with the plan. The conceptual
689plan preparation costs of each water management district will be
690paid from mitigation funds associated with the environmental
691impact inventory for the current year. The amount transferred to
692the escrow accounts each year by the Department of
693Transportation and participating transportation authorities
694established pursuant to chapter 348 or chapter 349 shall
695correspond to a cost per acre of $75,000 multiplied by the
696projected acres of impact identified in the environmental impact
697inventory described in subsection (2). However, the $75,000 cost
698per acre does not constitute an admission against interest by
699the state or its subdivisions nor is the cost admissible as
700evidence of full compensation for any property acquired by
701eminent domain or through inverse condemnation. Each July 1, the
702cost per acre shall be adjusted by the percentage change in the
703average of the Consumer Price Index issued by the United States
704Department of Labor for the most recent 12-month period ending
705September 30, compared to the base year average, which is the
706average for the 12-month period ending September 30, 1996. Each
707quarter, the projected acreage of impact shall be reconciled
708with the acreage of impact of projects as permitted, including
709permit modifications, pursuant to this part and s. 404 of the
710Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
711of funds shall be adjusted accordingly to reflect the acreage of
712impacts as permitted. The Department of Transportation and
713participating transportation authorities established pursuant to
714chapter 348 or chapter 349 are authorized to transfer such funds
715from the escrow accounts to the water management districts to
716carry out the mitigation programs. Environmental mitigation
717funds that are identified or maintained in an escrow account for
718the benefit of a water management district may be released if
719the associated transportation project is excluded in whole or
720part from the mitigation plan. For a mitigation project that is
721in the maintenance and monitoring phase, the water management
722district may request and receive a one-time payment based on the
723project's expected future maintenance and monitoring costs. Upon
724disbursement of the final maintenance and monitoring payment,
725the department or the participating transportation authorities'
726obligation will be satisfied, the water management district will
727have continuing responsibility for the mitigation project, and
728the escrow account for the project established by the Department
729of Transportation or the participating transportation authority
730may be closed. Any interest earned on these disbursed funds
731shall remain with the water management district and must be used
732as authorized under this section.
733     (4)  Prior to March 1 of each year, each water management
734district, in consultation with the Department of Environmental
735Protection, the United States Army Corps of Engineers, the
736Department of Transportation, participating transportation
737authorities established pursuant to chapter 348 or chapter 349,
738and other appropriate federal, state, and local governments, and
739other interested parties, including entities operating
740mitigation banks, shall develop a plan for the primary purpose
741of complying with the mitigation requirements adopted pursuant
742to this part and 33 U.S.C. s. 1344. In developing such plans,
743private mitigation banks shall be used if available or, if a
744private mitigation bank is not available, the districts shall
745use utilize sound ecosystem management practices to address
746significant water resource needs and shall focus on activities
747of the Department of Environmental Protection and the water
748management districts, such as surface water improvement and
749management (SWIM) projects and lands identified for potential
750acquisition for preservation, restoration or enhancement, and
751the control of invasive and exotic plants in wetlands and other
752surface waters, to the extent that such activities comply with
753the mitigation requirements adopted under this part and 33
754U.S.C. s. 1344. In determining the activities to be included in
755such plans, the districts shall also consider the purchase of
756credits from public or private mitigation banks permitted under
757s. 373.4136 and associated federal authorization and shall
758include such purchase as a part of the mitigation plan when such
759purchase would offset the impact of the transportation project,
760provide equal benefits to the water resources than other
761mitigation options being considered, and provide the most cost-
762effective mitigation option. The mitigation plan shall be
763submitted to the water management district governing board, or
764its designee, for review and approval. At least 14 days prior to
765approval, the water management district shall provide a copy of
766the draft mitigation plan to any person who has requested a
768     (a)  For each transportation project with a funding request
769for the next fiscal year, the mitigation plan must include a
770brief explanation of why a mitigation bank was or was not chosen
771as a mitigation option, including an estimation of identifiable
772costs of the mitigation bank and nonbank options to the extent
774     (b)  Specific projects may be excluded from the mitigation
775plan, in whole or in part, and shall not be subject to this
776section upon the election agreement of the Department of
777Transportation, or a transportation authority if applicable, or
778and the appropriate water management district that the inclusion
779of such projects would hamper the efficiency or timeliness of
780the mitigation planning and permitting process. The water
781management district may choose to exclude a project in whole or
782in part if the district is unable to identify mitigation that
783would offset impacts of the project.
784     Section 14.  Subsection (18) of section 373.414, Florida
785Statutes, is amended to read:
786     373.414  Additional criteria for activities in surface
787waters and wetlands.-
788     (18)  The department, in coordination with and each water
789management district responsible for implementation of the
790environmental resource permitting program, shall develop a
791uniform mitigation assessment method for wetlands and other
792surface waters. The department shall adopt the uniform
793mitigation assessment method by rule no later than July 31,
7942002. The rule shall provide an exclusive, uniform, and
795consistent process for determining the amount of mitigation
796required to offset impacts to wetlands and other surface waters,
797and, once effective, shall supersede all rules, ordinances, and
798variance procedures from ordinances that determine the amount of
799mitigation needed to offset such impacts. Except when evaluating
800mitigation bank applications, which must meet the criteria of s.
801373.4136(1), the rule shall be applied only after determining
802that the mitigation is appropriate to offset the values and
803functions of wetlands and surface waters to be adversely
804impacted by the proposed activity. Once the department adopts
805the uniform mitigation assessment method by rule, the uniform
806mitigation assessment method shall be binding on the department,
807the water management districts, local governments, and any other
808governmental agencies and shall be the sole means to determine
809the amount of mitigation needed to offset adverse impacts to
810wetlands and other surface waters and to award and deduct
811mitigation bank credits. A water management district and any
812other governmental agency subject to chapter 120 may apply the
813uniform mitigation assessment method without the need to adopt
814it pursuant to s. 120.54. It shall be a goal of the department
815and water management districts that the uniform mitigation
816assessment method developed be practicable for use within the
817timeframes provided in the permitting process and result in a
818consistent process for determining mitigation requirements. It
819shall be recognized that any such method shall require the
820application of reasonable scientific judgment. The uniform
821mitigation assessment method must determine the value of
822functions provided by wetlands and other surface waters
823considering the current conditions of these areas, utilization
824by fish and wildlife, location, uniqueness, and hydrologic
825connection, and, when applied to mitigation banks, the factors
826listed in s. 373.4136(4). The uniform mitigation assessment
827method shall also account for the expected time-lag associated
828with offsetting impacts and the degree of risk associated with
829the proposed mitigation. The uniform mitigation assessment
830method shall account for different ecological communities in
831different areas of the state. In developing the uniform
832mitigation assessment method, the department and water
833management districts shall consult with approved local programs
834under s. 403.182 which have an established mitigation program
835for wetlands or other surface waters. The department and water
836management districts shall consider the recommendations
837submitted by such approved local programs, including any
838recommendations relating to the adoption by the department and
839water management districts of any uniform mitigation methodology
840that has been adopted and used by an approved local program in
841its established mitigation program for wetlands or other surface
842waters. Environmental resource permitting rules may establish
843categories of permits or thresholds for minor impacts under
844which the use of the uniform mitigation assessment method will
845not be required. The application of the uniform mitigation
846assessment method is not subject to s. 70.001. In the event the
847rule establishing the uniform mitigation assessment method is
848deemed to be invalid, the applicable rules related to
849establishing needed mitigation in existence prior to the
850adoption of the uniform mitigation assessment method, including
851those adopted by a county which is an approved local program
852under s. 403.182, and the method described in paragraph (b) for
853existing mitigation banks, shall be authorized for use by the
854department, water management districts, local governments, and
855other state agencies.
856     (a)  In developing the uniform mitigation assessment
857method, the department shall seek input from the United States
858Army Corps of Engineers in order to promote consistency in the
859mitigation assessment methods used by the state and federal
860permitting programs.
861     (b)  An entity which has received a mitigation bank permit
862prior to the adoption of the uniform mitigation assessment
863method shall have impact sites assessed, for the purpose of
864deducting bank credits, using the credit assessment method,
865including any functional assessment methodology, which was in
866place when the bank was permitted; unless the entity elects to
867have its credits redetermined, and thereafter have its credits
868deducted, using the uniform mitigation assessment method.
869     (c)  The department shall ensure statewide coordination and
870consistency in the interpretation and application of the uniform
871mitigation assessment method rule by providing programmatic
872training and guidance to staff of the department, water
873management districts, and local governments. To ensure that the
874uniform mitigation assessment method rule is interpreted and
875applied uniformly, the department's interpretation, guidance,
876and approach to applying the uniform mitigation assessment
877method rule shall govern.
878     (d)  Applicants shall submit the information needed to
879perform the assessment required under the uniform mitigation
880assessment method rule and may submit the qualitative
881characterization and quantitative assessment for each assessment
882area specified by the rule. The reviewing agency shall review
883that information and notify the applicant of any inadequacy in
884the information or application of the assessment method.
885     (e)  When conducting qualitative characterization of
886artificial wetlands and other surface waters, such as borrow
887pits, ditches, and canals, under the uniform mitigation
888assessment method rule, the native community type to which it is
889most analogous in function shall be used as a reference. For
890wetlands or other surface waters that have been altered from
891their native community type, the historic community type at that
892location shall be used as a reference, unless the alteration has
893been of such a degree and extent that a different native
894community type is now present and self-sustaining.
895     (f)  When conducting qualitative characterization of upland
896mitigation assessment areas, the characterization shall include
897functions that the upland assessment area provides to the fish
898and wildlife of the associated wetland or other surface waters.
899These functions shall be considered and accounted for when
900scoring the upland assessment area for preservation,
901enhancement, or restoration.
902     (g)  The term "preservation mitigation," as used in the
903uniform mitigation assessment method, means the protection of
904important wetland, other surface water, or upland ecosystems
905predominantly in their existing condition and absent
906restoration, creation, or enhancement from adverse impacts by
907placing a conservation easement or other comparable land use
908restriction over the property or by donation of fee simple
909interest in the property. Preservation may include a management
910plan for perpetual protection of the area. The preservation
911adjustment factor set forth in rule 62-345.500(3), Florida
912Administrative Code, shall only apply to preservation
914     (h)  When assessing a preservation mitigation assessment
915area under the uniform mitigation assessment method, the
916following apply:
917     1.  The term "without preservation" means the reasonably
918anticipated loss of functions and values provided by the
919assessment area, assuming the area is not preserved.
920     2.  Each of the considerations of the preservation
921adjustment factor specified in rule 62-345.500(3)(a), Florida
922Administrative Code, shall be equally weighted and scored on a
923scale from 0, no value, to 0.2, optimal value. In addition, the
924minimum preservation adjustment factor shall be 0.2.
925     (i)  The location and landscape support scores, pursuant to
926rule 62-345.500, Florida Administrative Code, may change in the
927"with mitigation" or "with impact" condition in both upland and
928wetland assessment areas, regardless of the initial community
929structure or water environment scores.
930     (j)  When a mitigation plan for creation, restoration, or
931enhancement includes a preservation mechanism, such as a
932conservation easement, the "with mitigation" assessment of that
933creation, restoration, or enhancement shall consider, and the
934scores shall reflect, the benefits of that preservation
935mechanism, and the benefits of that preservation mechanism may
936not be scored separately.
937     (k)  Any entity holding a mitigation bank permit that was
938evaluated under the uniform mitigation assessment method before
939the effective date of paragraphs (c)-(j) may submit a permit
940modification request to the relevant permitting agency to have
941such mitigation bank reassessed pursuant to the provisions set
942forth in this section, and the relevant permitting agency shall
943reassess such mitigation bank, if such request is filed with
944that agency no later than September 30, 2011.
945     Section 15.  Section 373.4141, Florida Statutes, is amended
946to read:
947     373.4141  Permits; processing.-
948     (1)  Within 30 days after receipt of an application for a
949permit under this part, the department or the water management
950district shall review the application and shall request
951submittal of all additional information the department or the
952water management district is permitted by law to require. If the
953applicant believes any request for additional information is not
954authorized by law or rule, the applicant may request a hearing
955pursuant to s. 120.57. Within 30 days after receipt of such
956additional information, the department or water management
957district shall review it and may request only that information
958needed to clarify such additional information or to answer new
959questions raised by or directly related to such additional
960information. If the applicant believes the request of the
961department or water management district for such additional
962information is not authorized by law or rule, the department or
963water management district, at the applicant's request, shall
964proceed to process the permit application. The department or
965water management district may request additional information no
966more than twice unless the applicant waives this limitation in
967writing. If the applicant does not provide a written response to
968the second request for additional information within 90 days or
969another time period mutually agreed upon between the applicant
970and the department or water management district, the application
971shall be considered withdrawn.
972     (2)  A permit shall be approved, or denied, or subject to a
973notice of proposed agency action within 60 90 days after receipt
974of the original application, the last item of timely requested
975additional material, or the applicant's written request to begin
976processing the permit application.
977     (3)  Processing of applications for permits for affordable
978housing projects shall be expedited to a greater degree than
979other projects.
980     (4)  A state agency or an agency of the state may not
981require as a condition of approval for a permit or as an item to
982complete a pending permit application that an applicant obtain a
983permit or approval from any other local, state, or federal
984agency without explicit statutory authority to require such
985permit or approval.
986     Section 16.  Section 373.4144, Florida Statutes, is amended
987to 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
991of implementing regulatory duties and functions between the
992Department of Environmental Protection, the water management
993districts, the United States Army Corps of Engineers, the United
994States Fish and Wildlife Service, the National Marine Fisheries
995Service, the United States Environmental Protection Agency, the
996Fish and Wildlife Conservation Commission, and other relevant
997federal and state agencies.
998     (b)  Authorize the Department of Environmental Protection
999to obtain issuance by the United States Army Corps of Engineers,
1000pursuant to state and federal law and as set forth in this
1001section, of an expanded state programmatic general permit, or a
1002series of regional general permits, for categories of activities
1003in waters of the United States governed by the Clean Water Act
1004and in navigable waters under the Rivers and Harbors Act of 1899
1005which are similar in nature, which will cause only minimal
1006adverse environmental effects when performed separately, and
1007which will have only minimal cumulative adverse effects on the
1009     (c)  Use the mechanism of such a state general permit or
1010such regional general permits to eliminate overlapping federal
1011regulations and state rules that seek to protect the same
1012resource and to avoid duplication of permitting between the
1013United States Army Corps of Engineers and the department for
1014minor work located in waters of the United States, including
1015navigable waters, thus eliminating, in appropriate cases, the
1016need for a separate individual approval from the United States
1017Army Corps of Engineers while ensuring the most stringent
1018protection of wetland resources.
1019     (d)  Direct the department not to seek issuance of or take
1020any action pursuant to any such permit or permits unless such
1021conditions are at least as protective of the environment and
1022natural resources as existing state law under this part and
1023federal law under the Clean Water Act and the Rivers and Harbors
1024Act of 1899. The department is directed to develop, on or before
1025October 1, 2005, a mechanism or plan to consolidate, to the
1026maximum extent practicable, the federal and state wetland
1027permitting programs. It is the intent of the Legislature that
1028all dredge and fill activities impacting 10 acres or less of
1029wetlands or waters, including navigable waters, be processed by
1030the state as part of the environmental resource permitting
1031program implemented by the department and the water management
1032districts. The resulting mechanism or plan shall analyze and
1033propose the development of an expanded state programmatic
1034general permit program in conjunction with the United States
1035Army Corps of Engineers pursuant to s. 404 of the Clean Water
1036Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
1037and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
1038or in combination with an expanded state programmatic general
1039permit, the mechanism or plan may propose the creation of a
1040series of regional general permits issued by the United States
1041Army Corps of Engineers pursuant to the referenced statutes. All
1042of the regional general permits must be administered by the
1043department or the water management districts or their designees.
1044     (2)  In order to effectuate efficient wetland permitting
1045and avoid duplication, the department and water management
1046districts are authorized to implement a voluntary state
1047programmatic general permit for all dredge and fill activities
1048impacting 3 acres or less of wetlands or other surface waters,
1049including navigable waters, subject to agreement with the United
1050States Army Corps of Engineers, if the general permit is at
1051least as protective of the environment and natural resources as
1052existing state law under this part and federal law under the
1053Clean Water Act and the Rivers and Harbors Act of 1899. The
1054department is directed to file with the Speaker of the House of
1055Representatives and the President of the Senate a report
1056proposing any required federal and state statutory changes that
1057would be necessary to accomplish the directives listed in this
1058section and to coordinate with the Florida Congressional
1059Delegation on any necessary changes to federal law to implement
1060the directives.
1061     (3)  Nothing in this section shall be construed to preclude
1062the department from pursuing a series of regional general
1063permits for construction activities in wetlands or surface
1064waters or complete assumption of federal permitting programs
1065regulating the discharge of dredged or fill material pursuant to
1066s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
106733 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
1068Act of 1899, so long as the assumption encompasses all dredge
1069and fill activities in, on, or over jurisdictional wetlands or
1070waters, including navigable waters, within the state.
1071     Section 17.  Subsections (2) and (3), paragraph (a) of
1072subsection (4), and paragraph (a) of subsection (6) of section
1073373.41492, Florida Statutes, are amended to read:
1074     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1075mitigation for mining activities within the Miami-Dade County
1076Lake Belt.-
1077     (2)  To provide for the mitigation of wetland resources
1078lost to mining activities within the Miami-Dade County Lake Belt
1079Plan, effective October 1, 1999, a mitigation fee is imposed on
1080each ton of limerock and sand extracted by any person who
1081engages in the business of extracting limerock or sand from
1082within the Miami-Dade County Lake Belt Area and the east one-
1083half of sections 24 and 25 and all of sections 35 and 36,
1084Township 53 South, Range 39 East. The mitigation fee is imposed
1085for each ton of limerock and sand sold from within the
1086properties where the fee applies in raw, processed, or
1087manufactured form, including, but not limited to, sized
1088aggregate, asphalt, cement, concrete, and other limerock and
1089concrete products. The mitigation fee imposed by this subsection
1090for each ton of limerock and sand sold shall be 12 cents per ton
1091beginning January 1, 2007; 18 cents per ton beginning January 1,
10922008; 24 cents per ton beginning January 1, 2009; and 45 cents
1093per ton beginning close of business December 31, 2011. To pay
1094for seepage mitigation projects, including hydrological
1095structures, as authorized in an environmental resource permit
1096issued by the department for mining activities within the Miami-
1097Dade County Lake Belt Area, and to upgrade a water treatment
1098plant that treats water coming from the Northwest Wellfield in
1099Miami-Dade County, a water treatment plant upgrade fee is
1100imposed within the same Lake Belt Area subject to the mitigation
1101fee and upon the same kind of mined limerock and sand subject to
1102the mitigation fee. The water treatment plant upgrade fee
1103imposed by this subsection for each ton of limerock and sand
1104sold shall be 15 cents per ton beginning on January 1, 2007, and
1105the collection of this fee shall cease once the total amount of
1106proceeds collected for this fee reaches the amount of the actual
1107moneys necessary to design and construct the water treatment
1108plant upgrade, as determined in an open, public solicitation
1109process. Any limerock or sand that is used within the mine from
1110which the limerock or sand is extracted is exempt from the fees.
1111The amount of the mitigation fee and the water treatment plant
1112upgrade fee imposed under this section must be stated separately
1113on the invoice provided to the purchaser of the limerock or sand
1114product from the limerock or sand miner, or its subsidiary or
1115affiliate, for which the fee or fees apply. The limerock or sand
1116miner, or its subsidiary or affiliate, who sells the limerock or
1117sand product shall collect the mitigation fee and the water
1118treatment plant upgrade fee and forward the proceeds of the fees
1119to the Department of Revenue on or before the 20th day of the
1120month following the calendar month in which the sale occurs. As
1121used in this section, the term "proceeds of the fee" means all
1122funds collected and received by the Department of Revenue under
1123this section, including interest and penalties on delinquent
1124fees. The amount deducted for administrative costs may not
1125exceed 3 percent of the total revenues collected under this
1126section and may equal only those administrative costs reasonably
1127attributable to the fees.
1128     (3)  The mitigation fee and the water treatment plant
1129upgrade fee imposed by this section must be reported to the
1130Department of Revenue. Payment of the mitigation and the water
1131treatment plant upgrade fees must be accompanied by a form
1132prescribed by the Department of Revenue. The proceeds of the
1133mitigation fee, less administrative costs, must be transferred
1134by the Department of Revenue to the South Florida Water
1135Management District and deposited into the Lake Belt Mitigation
1136Trust Fund. Beginning January 1, 2012, and ending December 31,
11372017, or upon issuance of water quality certification by the
1138department for mining activities within Phase II of the Miami-
1139Dade County Lake Belt Plan, whichever occurs later, the proceeds
1140of the water treatment plant upgrade fee, less administrative
1141costs, must be transferred by the Department of Revenue to the
1142South Florida Water Management District and deposited into the
1143Lake Belt Mitigation Trust Fund. Beginning January 1, 2018, the
1144proceeds of the water treatment plant upgrade fee, less
1145administrative costs, must be transferred by the Department of
1146Revenue to a trust fund established by Miami-Dade County, for
1147the sole purpose authorized by paragraph (6)(a). As used in this
1148section, the term "proceeds of the fee" means all funds
1149collected and received by the Department of Revenue under this
1150section, including interest and penalties on delinquent fees.
1151The amount deducted for administrative costs may not exceed 3
1152percent of the total revenues collected under this section and
1153may equal only those administrative costs reasonably
1154attributable to the fees.
1155     (4)(a)  The Department of Revenue shall administer,
1156collect, and enforce the mitigation and water treatment plant
1157upgrade fees authorized under this section in accordance with
1158the procedures used to administer, collect, and enforce the
1159general sales tax imposed under chapter 212. The provisions of
1160chapter 212 with respect to the authority of the Department of
1161Revenue to audit and make assessments, the keeping of books and
1162records, and the interest and penalties imposed on delinquent
1163fees apply to this section. The fees may not be included in
1164computing estimated taxes under s. 212.11, and the dealer's
1165credit for collecting taxes or fees provided for in s. 212.12
1166does not apply to the fees imposed by this section.
1167     (6)(a)  The proceeds of the mitigation fee must be used to
1168conduct mitigation activities that are appropriate to offset the
1169loss of the value and functions of wetlands as a result of
1170mining activities and must be used in a manner consistent with
1171the recommendations contained in the reports submitted to the
1172Legislature by the Miami-Dade County Lake Belt Plan
1173Implementation Committee and adopted under s. 373.4149. Such
1174mitigation may include the purchase, enhancement, restoration,
1175and management of wetlands and uplands, the purchase of
1176mitigation credit from a permitted mitigation bank, and any
1177structural modifications to the existing drainage system to
1178enhance the hydrology of the Miami-Dade County Lake Belt Area.
1179Funds may also be used to reimburse other funding sources,
1180including the Save Our Rivers Land Acquisition Program, the
1181Internal Improvement Trust Fund, the South Florida Water
1182Management District, and Miami-Dade County, for the purchase of
1183lands that were acquired in areas appropriate for mitigation due
1184to rock mining and to reimburse governmental agencies that
1185exchanged land under s. 373.4149 for mitigation due to rock
1186mining. The proceeds of the water treatment plant upgrade fee
1187that are deposited into the Lake Belt Mitigation Trust Fund
1188shall be used solely to pay for seepage mitigation projects,
1189including groundwater or surface water management structures, as
1190authorized in an environmental resource permit issued by the
1191department for mining activities within the Miami-Dade County
1192Lake Belt Area. The proceeds of the water treatment plant
1193upgrade fee that are transferred to a trust fund established by
1194Miami-Dade County shall be used to upgrade a water treatment
1195plant that treats water coming from the Northwest Wellfield in
1196Miami-Dade County. As used in this section, the terms "upgrade a
1197water treatment plant" or "water treatment plant upgrade" means
1198those works necessary to treat or filter a surface water source
1199or supply or both.
1200     Section 18.  Present subsections (3), (4), and (5) of
1201section 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
1205pollution control programs in permit processing; delegation.-
1206     (3)  A county having a population of 200,000 or more or a
1207municipality having a population of 100,000 or more that
1208implements a local pollution control program regulating all or a
1209portion of the wetlands or surface waters throughout its
1210geographic boundary must apply for delegation of state
1211environmental resource permitting authority on or before June 1,
12122012. A county or municipality that fails to receive delegation
1213of all or a portion of state environmental resource permitting
1214authority within 1 year after submitting its application for
1215delegation or by June 1, 2013, at the latest, may not require
1216permits that in part or in full are substantially similar to the
1217requirements needed to obtain an environmental resource permit.
1218A county or municipality that has received delegation before
1219June 1, 2012, does not need to reapply.
1220     (4)  The department is responsible for all delegations of
1221state environmental resource permitting authority to local
1222governments. The department must grant or deny an application
1223for delegation submitted by a county or municipality that meets
1224the criteria in subsection (3) within 1 year after the receipt
1225of the application. If an application for delegation is denied,
1226any available legal challenge to such denial shall toll the 1-
1227year preemption deadline until resolution of the legal
1228challenge. Upon delegation to a qualified local government, the
1229department and water management district may not regulate the
1230activities subject to the delegation within that jurisdiction
1231unless regulation is required pursuant to the terms of the
1232delegation agreement.
1233     (5)  This section does not prohibit or limit a local
1234government that meets the criteria in subsection (3) from
1235regulating wetlands or surface waters after June 1, 2012, if the
1236local government receives delegation of all or a portion of
1237state environmental resource permitting authority within 1 year
1238after submitting its application for delegation.
1239     (6)  Notwithstanding subsections (3), (4), and (5), this
1240section does not apply to environmental resource permitting or
1241reclamation applications for solid mineral mining and does not
1242prohibit the application of local government regulations to any
1243new solid mineral mine or any proposed addition to, change to,
1244or expansion of an existing solid mineral mine.
1245     Section 19.  Paragraph (b) of subsection (11) of section
1246376.3071, Florida Statutes, is amended to read:
1247     376.3071  Inland Protection Trust Fund; creation; purposes;
1249     (11)
1250     (b)  Low-scored site initiative.-Notwithstanding s.
1251376.30711, any site with a priority ranking score of 10 points
1252or less may voluntarily participate in the low-scored site
1253initiative, whether or not the site is eligible for state
1254restoration funding.
1255     1.  To participate in the low-scored site initiative, the
1256responsible party or property owner must affirmatively
1257demonstrate that the following conditions are met:
1258     a.  Upon reassessment pursuant to department rule, the site
1259retains a priority ranking score of 10 points or less.
1260     b.  No excessively contaminated soil, as defined by
1261department rule, exists onsite as a result of a release of
1262petroleum products.
1263     c.  A minimum of 6 months of groundwater monitoring
1264indicates that the plume is shrinking or stable.
1265     d.  The release of petroleum products at the site does not
1266adversely affect adjacent surface waters, including their
1267effects on human health and the environment.
1268     e.  The area of groundwater containing the petroleum
1269products' chemicals of concern is less than one-quarter acre and
1270is confined to the source property boundaries of the real
1271property on which the discharge originated.
1272     f.  Soils onsite that are subject to human exposure found
1273between land surface and 2 feet below land surface meet the soil
1274cleanup target levels established by department rule or human
1275exposure is limited by appropriate institutional or engineering
1277     2.  Upon affirmative demonstration of the conditions under
1278subparagraph 1., the department shall issue a determination of
1279"No Further Action." Such determination acknowledges that
1280minimal contamination exists onsite and that such contamination
1281is not a threat to human health or the environment. If no
1282contamination is detected, the department may issue a site
1283rehabilitation completion order.
1284     3.  Sites that are eligible for state restoration funding
1285may receive payment of preapproved costs for the low-scored site
1286initiative as follows:
1287     a.  A responsible party or property owner may submit an
1288assessment plan designed to affirmatively demonstrate that the
1289site meets the conditions under subparagraph 1. Notwithstanding
1290the priority ranking score of the site, the department may
1291preapprove the cost of the assessment pursuant to s. 376.30711,
1292including 6 months of groundwater monitoring, not to exceed
1293$30,000 for each site. The department may not pay the costs
1294associated with the establishment of institutional or
1295engineering controls.
1296     b.  The assessment work shall be completed no later than 6
1297months after the department issues its approval.
1298     c.  No more than $10 million for the low-scored site
1299initiative shall be encumbered from the Inland Protection Trust
1300Fund in any fiscal year. Funds shall be made available on a
1301first-come, first-served basis and shall be limited to 10 sites
1302in each fiscal year for each responsible party or property
1304     d.  Program deductibles, copayments, and the limited
1305contamination 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
1308amended to read:
1309     376.30715  Innocent victim petroleum storage system
1310restoration.-A contaminated site acquired by the current owner
1311prior to July 1, 1990, which has ceased operating as a petroleum
1312storage or retail business prior to January 1, 1985, is eligible
1313for financial assistance pursuant to s. 376.305(6),
1314notwithstanding s. 376.305(6)(a). For purposes of this section,
1315the term "acquired" means the acquisition of title to the
1316property; however, a subsequent transfer of the property to a
1317spouse or child of the owner, a surviving spouse or child of the
1318owner in trust or free of trust, or a revocable trust created
1319for the benefit of the settlor, or a corporate entity created by
1320the owner to hold title to the site does not disqualify the site
1321from financial assistance pursuant to s. 376.305(6) and
1322applicants previously denied coverage may reapply. Eligible
1323sites shall be ranked in accordance with s. 376.3071(5).
1324     Section 21.  Section 378.413, Florida Statutes, is created
1325to read:
1326     378.413  Regulatory preemption for construction aggregate
1327materials mining.-Except as otherwise provided in this section,
1328it is the intent of the Legislature for all mines for
1329construction aggregate materials, as defined under s.
1330337.0261(1), for which an environmental resource permit
1331application was filed pursuant to part IV of chapter 373, since
1332January 1, 2008, that the regulation, permitting, and
1333enforcement of all matters relating to stormwater, drainage,
1334wetlands, surface or ground water flows or levels, surface or
1335ground water quality, or surface or ground water management,
1336reclamation, consumptive uses of water, and imperiled,
1337endangered, or threatened species under, but not limited to, s.
13389, Art. IV of the State Constitution, this chapter, chapters 373
1339and 379, and parts II and IV of chapter 403 or any equivalent
1340federal law or regulation, are preempted to the state, and a
1341county may not enact any ordinance or local rule, or attempt to
1342regulate or enforce by any means, any matter relating to these
1343subjects. This section does not apply to construction aggregate
1344materials mines in the Miami-Dade County Lake Belt Area as
1345described in s. 373.4149(3).
1346     Section 22.  Paragraph (u) is added to subsection (24) of
1347section 380.06, Florida Statutes, to read:
1348     380.06  Developments of regional impact.-
1350     (u)  Any proposed solid mineral mine and any proposed
1351addition to, expansion of, or change to an existing solid
1352mineral mine is exempt from the provisions of this section.
1353Proposed changes to any previously approved solid mineral mine
1354development-of-regional-impact development orders having vested
1355rights is not subject to further review or approval as a
1356development of regional impact or notice of proposed change
1357review or approval pursuant to subsection (19), except for those
1358applications pending as of July 1, 2011, which shall be governed
1359by s. 380.115(2). Notwithstanding the foregoing, however,
1360pursuant to s. 380.115(1), previously approved solid mineral
1361mine development-of-regional-impact development orders shall
1362continue to enjoy vested rights and continue to be effective
1363unless rescinded by the developer. All local government
1364regulations of proposed solid mineral mines apply to any new
1365solid mineral mine or to any proposed addition to, expansion of,
1366or change to an existing solid mineral mine. Notwithstanding
1367this exemption, a new solid mineral mine that contributes more
1368than 5 percent of the maximum service volume to a Strategic
1369Intermodal System facility operating below its designated level
1370of service must enter into a binding agreement with the
1371Department of Transportation to mitigate its impacts to the
1372Strategic Intermodal System facility.
1374If a use is exempt from review as a development of regional
1375impact under paragraphs (a)-(s), but will be part of a larger
1376project that is subject to review as a development of regional
1377impact, the impact of the exempt use must be included in the
1378review of the larger project, unless such exempt use involves a
1379development of regional impact that includes a landowner,
1380tenant, or user that has entered into a funding agreement with
1381the Office of Tourism, Trade, and Economic Development under the
1382Innovation Incentive Program and the agreement contemplates a
1383state award of at least $50 million.
1384     Section 23.  Subsection (1) of section 380.0657, Florida
1385Statutes, is amended to read:
1386     380.0657  Expedited permitting process for economic
1387development projects.-
1388     (1)  The Department of Environmental Protection and, as
1389appropriate, the water management districts created under
1390chapter 373 shall adopt programs to expedite the processing of
1391wetland resource and environmental resource permits for economic
1392development projects that have been identified by a municipality
1393or county as meeting the definition of target industry
1394businesses under s. 288.106, or any inland multimodal facility,
1395receiving or sending cargo to or from Florida ports, with the
1396exception of those projects requiring approval by the Board of
1397Trustees of the Internal Improvement Trust Fund.
1398     Section 24.  Subsection (11) of section 403.061, Florida
1399Statutes, is amended to read:
1400     403.061  Department; powers and duties.-The department
1401shall have the power and the duty to control and prohibit
1402pollution of air and water in accordance with the law and rules
1403adopted and promulgated by it and, for this purpose, to:
1404     (11)  Establish ambient air quality and water quality
1405standards for the state as a whole or for any part thereof, and
1406also standards for the abatement of excessive and unnecessary
1407noise. The department is authorized to establish reasonable
1408zones of mixing for discharges into waters. For existing
1409installations as defined by rule 62-520.200(10), Florida
1410Administrative Code, effective July 12, 2009, zones of discharge
1411to groundwater are authorized to a facility's or owner's
1412property boundary and extending to the base of a specifically
1413designated aquifer or aquifers. Exceedance of primary and
1414secondary groundwater standards that occur within a zone of
1415discharge does not create liability pursuant to this chapter or
1416chapter 376 for site cleanup, and the exceedance of soil cleanup
1417target levels is not a basis for enforcement or site cleanup.
1418     (a)  When a receiving body of water fails to meet a water
1419quality standard for pollutants set forth in department rules, a
1420steam electric generating plant discharge of pollutants that is
1421existing or licensed under this chapter on July 1, 1984, may
1422nevertheless be granted a mixing zone, provided that:
1423     1.  The standard would not be met in the water body in the
1424absence of the discharge;
1425     2.  The discharge is in compliance with all applicable
1426technology-based effluent limitations;
1427     3.  The discharge does not cause a measurable increase in
1428the degree of noncompliance with the standard at the boundary of
1429the mixing zone; and
1430     4.  The discharge otherwise complies with the mixing zone
1431provisions specified in department rules.
1432     (b)  No mixing zone for point source discharges shall be
1433permitted in Outstanding Florida Waters except for:
1434     1.  Sources that have received permits from the department
1435prior to April 1, 1982, or the date of designation, whichever is
1437     2.  Blowdown from new power plants certified pursuant to
1438the Florida Electrical Power Plant Siting Act;
1439     3.  Discharges of water necessary for water management
1440purposes which have been approved by the governing board of a
1441water management district and, if required by law, by the
1442secretary; and
1443     4.  The discharge of demineralization concentrate which has
1444been determined permittable under s. 403.0882 and which meets
1445the specific provisions of s. 403.0882(4)(a) and (b), if the
1446proposed discharge is clearly in the public interest.
1447     (c)  The department, by rule, shall establish water quality
1448criteria for wetlands which criteria give appropriate
1449recognition to the water quality of such wetlands in their
1450natural state.
1452Nothing in this act shall be construed to invalidate any
1453existing department rule relating to mixing zones. The
1454department shall cooperate with the Department of Highway Safety
1455and Motor Vehicles in the development of regulations required by
1456s. 316.272(1).
1458The department shall implement such programs in conjunction with
1459its other powers and duties and shall place special emphasis on
1460reducing and eliminating contamination that presents a threat to
1461humans, animals or plants, or to the environment.
1462     Section 25.  Subsection (7) of section 403.087, Florida
1463Statutes, is amended to read:
1464     403.087  Permits; general issuance; denial; revocation;
1465prohibition; penalty.-
1466     (7)  A permit issued pursuant to this section shall not
1467become a vested right in the permittee. The department may
1468revoke any permit issued by it if it finds that the permitholder
1470     (a)  Has Submitted false or inaccurate information in the
1471his or her application for such permit;
1472     (b)  Has Violated law, department orders, rules, or
1473regulations, or permit conditions;
1474     (c)  Has Failed to submit operational reports or other
1475information required by department rule which directly relate to
1476such permit and has refused to correct or cure such violations
1477when requested to do so or regulation; or
1478     (d)  Has Refused lawful inspection under s. 403.091 at the
1479facility authorized by such permit.
1480     Section 26.  Section 403.0874, Florida Statutes, is created
1481to read:
1482     403.0874  Incentive-based permitting program.-
1483     (1)  SHORT TITLE.-This section may be cited as the "Florida
1484Incentive-based Permitting Act."
1485     (2)  FINDINGS AND INTENT.-The Legislature finds and
1486declares that the department should consider compliance history
1487when deciding whether to issue, renew, amend, or modify a permit
1488by evaluating an applicant's site-specific and program-specific
1489relevant aggregate compliance history. Persons having a history
1490of complying with applicable permits or state environmental laws
1491and rules are eligible for permitting benefits, including, but
1492not limited to, expedited permit application reviews, longer-
1493duration permit periods, decreased announced compliance
1494inspections, and other similar regulatory and compliance
1495incentives to encourage and reward such persons for their
1496environmental performance.
1497     (3)  APPLICABILITY.-
1498     (a)  This section applies to all persons and regulated
1499activities that are subject to the permitting requirements of
1500chapter 161, chapter 373, or this chapter, and all other
1501applicable state or federal laws that govern activities for the
1502purpose of protecting the environment or the public health from
1503pollution or contamination.
1504     (b)  Notwithstanding paragraph (a), this section does not
1505apply to certain permit actions or environmental permitting laws
1506such as:
1507     1.  Environmental permitting or authorization laws that
1508regulate activities for the purpose of zoning, growth
1509management, or land use; or
1510     2.  Any federal law or program delegated or assumed by the
1511state to the extent that implementation of this section, or any
1512part of this section, would jeopardize the ability of the state
1513to retain such delegation or assumption.
1514     (c)  As used in this section, the term "regulated activity"
1515means any activity, including, but not limited to, the
1516construction or operation of a facility, installation, system,
1517or project, for which a permit, certification, or authorization
1518is required under chapter 161, chapter 373, or this chapter.
1519     (4)  COMPLIANCE HISTORY.-The compliance history period
1520shall be the 10 years before the date any permit or renewal
1521application is received by the department. Any person is
1522entitled to the incentives under subsection (5) if:
1523     (a)1.  The applicant has conducted the regulated activity
1524at the same site for which the permit or renewal is sought for
1525at least 8 of the 10 years before the date the permit
1526application is received by the department; or
1527     2.  The applicant has conducted the same regulated activity
1528at a different site within the state for at least 8 of the 10
1529years before the date the permit or renewal application is
1530received by the department; and
1531     (b)  In the 10 years before the date the permit or renewal
1532application is received by the department or water management
1533district, the applicant has not been subject to a final
1534administrative order or civil judgment or criminal conviction
1535whereby an administrative law judge or civil or criminal court
1536found the applicant violated the applicable law or rule and has
1537not been the subject of an administrative settlement or consent
1538order, whether formal or informal, that established a violation
1539of an applicable law or rule; and
1540     (c)  The applicant can demonstrate during a 10-year
1541compliance history period the implementation of activities or
1542practices that resulted in:
1543     1.  Reductions in actual or permitted discharges or
1545     2.  Reductions in the impacts of regulated activities on
1546public lands or natural resources; and
1547     3.  Implementation of voluntary environmental performance
1548programs, such as environmental management systems.
1549     (5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1550applicable incentives at the time of application submittal.
1551Unless otherwise prohibited by state or federal law, rule, or
1552regulation, and if the applicant meets all other applicable
1553criteria for the issuance of a permit or authorization, an
1554applicant is entitled to the following incentives:
1555     (a)  Expedited reviews on permit actions, including, but
1556not limited to, initial permit issuance, renewal, modification,
1557and transfer, if applicable. Expedited review means, at a
1558minimum, that the initial request for additional information
1559regarding a permit application shall be issued no later than 30
1560days after the application is filed, and final agency action
1561shall be taken no later than 60 days after the application is
1562deemed complete;
1563     (b)  Priority review of the permit application;
1564     (c)  Reduction in the number of routine compliance
1566     (d)  No more than two requests for additional information
1567under s. 120.60; and
1568     (e)  Longer permit period durations.
1569     (6)  RULEMAKING.-The department may adopt additional
1570incentives by rule. Such incentives shall be based on, and
1571proportional to, actions taken by the applicant to reduce the
1572applicant's impacts on human health and the environment beyond
1573those actions required by law. The department's rules adopted
1574under this section are binding on the water management districts
1575and any local government that has been delegated or assumed a
1576regulatory program to which this section applies.
1577     (7)  SAVINGS PROVISION.-This section does not affect an
1578applicant's responsibility to provide reasonable assurance of
1579compliance with applicable statutes and rules as a condition
1580precedent to issuance of a permit and does not limit factors the
1581department, a water management district, or a delegated program
1582may consider in evaluating a permit application under existing
1584     Section 27.  Subsection (2) of section 403.1838, Florida
1585Statutes, is amended to read:
1586     403.1838  Small Community Sewer Construction Assistance
1588     (2)  The department shall use funds specifically
1589appropriated to award grants under this section to assist
1590financially disadvantaged small communities with their needs for
1591adequate sewer facilities. For purposes of this section, the
1592term "financially disadvantaged small community" means a
1593municipality that has with a population of 10,000 7,500 or fewer
1594less, according to the latest decennial census and a per capita
1595annual income less than the state per capita annual income as
1596determined by the United States Department of Commerce.
1597     Section 28.  Paragraph (f) of subsection (1) of section
1598403.7045, Florida Statutes, is amended to read:
1599     403.7045  Application of act and integration with other
1601     (1)  The following wastes or activities shall not be
1602regulated pursuant to this act:
1603     (f)  Industrial byproducts, if:
1604     1.  A majority of the industrial byproducts are
1605demonstrated to be sold, used, or reused within 1 year.
1606     2.  The industrial byproducts are not discharged,
1607deposited, injected, dumped, spilled, leaked, or placed upon any
1608land or water so that such industrial byproducts, or any
1609constituent thereof, may enter other lands or be emitted into
1610the air or discharged into any waters, including groundwaters,
1611or otherwise enter the environment such that a threat of
1612contamination in excess of applicable department standards and
1613criteria or a significant threat to public health is caused.
1614     3.  The industrial byproducts are not hazardous wastes as
1615defined under s. 403.703 and rules adopted under this section.
1617Sludge from an industrial waste treatment works that meets the
1618exemption requirements of this paragraph is not solid waste as
1619defined in s. 403.703(32).
1620     Section 29.  Subsections (2) and (3) of section 403.707,
1621Florida Statutes, are amended to read:
1622     403.707  Permits.-
1623     (2)  Except as provided in s. 403.722(6), a permit under
1624this section is not required for the following, if the activity
1625does not create a public nuisance or any condition adversely
1626affecting the environment or public health and does not violate
1627other state or local laws, ordinances, rules, regulations, or
1629     (a)  Disposal by persons of solid waste resulting from
1630their own activities on their own property, if such waste is
1631ordinary household waste from their residential property or is
1632rocks, soils, trees, tree remains, and other vegetative matter
1633that normally result from land development operations. Disposal
1634of materials that could create a public nuisance or adversely
1635affect the environment or public health, such as white goods;
1636automotive materials, such as batteries and tires; petroleum
1637products; pesticides; solvents; or hazardous substances, is not
1638covered under this exemption.
1639     (b)  Storage in containers by persons of solid waste
1640resulting from their own activities on their property, leased or
1641rented property, or property subject to a homeowners or
1642maintenance association for which the person contributes
1643association assessments, if the solid waste in such containers
1644is collected at least once a week.
1645     (c)  Disposal by persons of solid waste resulting from
1646their own activities on their property, if the environmental
1647effects of such disposal on groundwater and surface waters are:
1648     1.  Addressed or authorized by a site certification order
1649issued under part II or a permit issued by the department under
1650this chapter or rules adopted pursuant to this chapter; or
1651     2.  Addressed or authorized by, or exempted from the
1652requirement to obtain, a groundwater monitoring plan approved by
1653the department. If a facility has a permit authorizing disposal
1654activity, new areas where solid waste is being disposed of that
1655are monitored by an existing or modified groundwater monitoring
1656plan are not required to be specifically authorized in a permit
1657or other certification.
1658     (d)  Disposal by persons of solid waste resulting from
1659their own activities on their own property, if such disposal
1660occurred prior to October 1, 1988.
1661     (e)  Disposal of solid waste resulting from normal farming
1662operations as defined by department rule. Polyethylene
1663agricultural plastic, damaged, nonsalvageable, untreated wood
1664pallets, and packing material that cannot be feasibly recycled,
1665which are used in connection with agricultural operations
1666related to the growing, harvesting, or maintenance of crops, may
1667be disposed of by open burning if a public nuisance or any
1668condition adversely affecting the environment or the public
1669health is not created by the open burning and state or federal
1670ambient air quality standards are not violated.
1671     (f)  The use of clean debris as fill material in any area.
1672However, this paragraph does not exempt any person from
1673obtaining any other required permits, and does not affect a
1674person's responsibility to dispose of clean debris appropriately
1675if it is not to be used as fill material.
1676     (g)  Compost operations that produce less than 50 cubic
1677yards of compost per year when the compost produced is used on
1678the property where the compost operation is located.
1679     (3)(a)  All applicable provisions of ss. 403.087 and
1680403.088, relating to permits, apply to the control of solid
1681waste management facilities.
1682     (b)  Any permit issued to a solid waste management facility
1683that is designed with a leachate control system that meets
1684department requirements shall be issued for a term of 20 years
1685unless the applicant requests a lesser permit term. Existing
1686permit fees for qualifying solid waste management facilities
1687shall be prorated to the permit term authorized by this section.
1688This provision applies to all qualifying solid waste management
1689facilities that apply for an operating or construction permit or
1690renew an existing operating or construction permit on or after
1691July 1, 2012.
1692     Section 30.  Subsection (12) is added to section 403.814,
1693Florida Statutes, to read:
1694     403.814  General permits; delegation.-
1695     (12)  A general permit shall be granted for the
1696construction, alteration, and maintenance of a surface water
1697management system serving a total project area of up to 10
1698acres. The construction of such a system may proceed without any
1699agency 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
1702impervious surface;
1703     (c)  No activities will impact wetlands or other surface
1705     (d)  No activities are conducted in, on, or over wetlands
1706or other surface waters;
1707     (e)  Drainage facilities will not include pipes having
1708diameters greater than 24 inches, or the hydraulic equivalent,
1709and will not use pumps in any manner;
1710     (f)  The project is not part of a larger common plan,
1711development, or sale.
1712     (g)  The project does not:
1713     1.  Cause adverse water quantity or flooding impacts to
1714receiving water and adjacent lands;
1715     2.  Cause adverse impacts to existing surface water storage
1716and conveyance capabilities;
1717     3.  Cause a violation of state water quality standards; and
1718     4.  Cause an adverse impact to the maintenance of surface
1719or ground water levels or surface water flows established
1720pursuant to s. 373.042 or a work of the district established
1721pursuant to s. 373.086; and
1722     (h)  The surface water management system design plans must
1723be signed and sealed by a Florida registered professional who
1724shall attest that the system will perform and function as
1725proposed and has been designed in accordance with appropriate,
1726generally accepted performance standards and scientific
1728     Section 31.  Subsection (6) of section 403.853, Florida
1729Statutes, is amended to read:
1730     403.853  Drinking water standards.-
1731     (6)  Upon the request of the owner or operator of a
1732transient noncommunity water system using groundwater as a
1733source of supply and serving religious institutions or
1734businesses, other than restaurants or other public food service
1735establishments or religious institutions with school or day care
1736services, and using groundwater as a source of supply, the
1737department, or a local county health department designated by
1738the department, shall perform a sanitary survey of the facility.
1739Upon receipt of satisfactory survey results according to
1740department criteria, the department shall reduce the
1741requirements of such owner or operator from monitoring and
1742reporting on a quarterly basis to performing these functions on
1743an annual basis. Any revised monitoring and reporting schedule
1744approved by the department under this subsection shall apply
1745until such time as a violation of applicable state or federal
1746primary drinking water standards is determined by the system
1747owner or operator, by the department, or by an agency designated
1748by the department, after a random or routine sanitary survey.
1749Certified operators are not required for transient noncommunity
1750water systems of the type and size covered by this subsection.
1751Any reports required of such system shall be limited to the
1752minimum as required by federal law. When not contrary to the
1753provisions of federal law, the department may, upon request and
1754by rule, waive additional provisions of state drinking water
1755regulations for such systems.
1756     Section 32.  Paragraph (a) of subsection (3) and
1757subsections (4), (5), (10), (11), (14), (15), and (18) of
1758section 403.973, Florida Statutes, are amended to read:
1759     403.973  Expedited permitting; amendments to comprehensive
1761     (3)(a)  The secretary shall direct the creation of regional
1762permit action teams for the purpose of expediting review of
1763permit applications and local comprehensive plan amendments
1764submitted by:
1765     1.  Businesses creating at least 50 jobs or a commercial or
1766industrial development project that will be occupied by
1767businesses that would individually or collectively create at
1768least 50 jobs; or
1769     2.  Businesses creating at least 25 jobs if the project is
1770located in an enterprise zone, or in a county having a
1771population of fewer than 75,000 or in a county having a
1772population of fewer than 125,000 which is contiguous to a county
1773having a population of fewer than 75,000, as determined by the
1774most recent decennial census, residing in incorporated and
1775unincorporated areas of the county.
1776     (4)  The regional teams shall be established through the
1777execution of a project-specific memoranda of agreement developed
1778and executed by the applicant and the secretary, with input
1779solicited from the office and the respective heads of the
1780Department of Community Affairs, the Department of
1781Transportation and its district offices, the Department of
1782Agriculture and Consumer Services, the Fish and Wildlife
1783Conservation Commission, appropriate regional planning councils,
1784appropriate water management districts, and voluntarily
1785participating municipalities and counties. The memoranda of
1786agreement should also accommodate participation in this
1787expedited process by other local governments and federal
1788agencies as circumstances warrant.
1789     (5)  In order to facilitate local government's option to
1790participate in this expedited review process, the secretary
1791shall, in cooperation with local governments and participating
1792state agencies, create a standard form memorandum of agreement.
1793The standard form of the memorandum of agreement shall be used
1794only if the local government participates in the expedited
1795review process. In the absence of local government
1796participation, only the project-specific memorandum of agreement
1797executed pursuant to subsection (4) applies. A local government
1798shall hold a duly noticed public workshop to review and explain
1799to the public the expedited permitting process and the terms and
1800conditions of the standard form memorandum of agreement.
1801     (10)  The memoranda of agreement may provide for the waiver
1802or modification of procedural rules prescribing forms, fees,
1803procedures, or time limits for the review or processing of
1804permit applications under the jurisdiction of those agencies
1805that are members of the regional permit action team party to the
1806memoranda of agreement. Notwithstanding any other provision of
1807law to the contrary, a memorandum of agreement must to the
1808extent feasible provide for proceedings and hearings otherwise
1809held separately by the parties to the memorandum of agreement to
1810be combined into one proceeding or held jointly and at one
1811location. Such waivers or modifications shall not be available
1812for permit applications governed by federally delegated or
1813approved permitting programs, the requirements of which would
1814prohibit, or be inconsistent with, such a waiver or
1816     (11)  The standard form for memoranda of agreement shall
1817include guidelines to be used in working with state, regional,
1818and local permitting authorities. Guidelines may include, but
1819are not limited to, the following:
1820     (a)  A central contact point for filing permit applications
1821and local comprehensive plan amendments and for obtaining
1822information on permit and local comprehensive plan amendment
1824     (b)  Identification of the individual or individuals within
1825each respective agency who will be responsible for processing
1826the expedited permit application or local comprehensive plan
1827amendment for that agency;
1828     (c)  A mandatory preapplication review process to reduce
1829permitting conflicts by providing guidance to applicants
1830regarding the permits needed from each agency and governmental
1831entity, site planning and development, site suitability and
1832limitations, facility design, and steps the applicant can take
1833to ensure expeditious permit application and local comprehensive
1834plan amendment review. As a part of this process, the first
1835interagency meeting to discuss a project shall be held within 14
1836days after the secretary's determination that the project is
1837eligible for expedited review. Subsequent interagency meetings
1838may be scheduled to accommodate the needs of participating local
1839governments that are unable to meet public notice requirements
1840for executing a memorandum of agreement within this timeframe.
1841This accommodation may not exceed 45 days from the secretary's
1842determination that the project is eligible for expedited review;
1843     (d)  The preparation of a single coordinated project
1844description form and checklist and an agreement by state and
1845regional agencies to reduce the burden on an applicant to
1846provide duplicate information to multiple agencies;
1847     (e)  Establishment of a process for the adoption and review
1848of any comprehensive plan amendment needed by any certified
1849project within 90 days after the submission of an application
1850for a comprehensive plan amendment. However, the memorandum of
1851agreement may not prevent affected persons as defined in s.
1852163.3184 from appealing or participating in this expedited plan
1853amendment process and any review or appeals of decisions made
1854under this paragraph; and
1855     (f)  Additional incentives for an applicant who proposes a
1856project that provides a net ecosystem benefit.
1857     (14)(a)  Challenges to state agency action in the expedited
1858permitting process for projects processed under this section are
1859subject to the summary hearing provisions of s. 120.574, except
1860that the administrative law judge's decision, as provided in s.
1861120.574(2)(f), shall be in the form of a recommended order and
1862shall not constitute the final action of the state agency. In
1863those proceedings where the action of only one agency of the
1864state other than the Department of Environmental Protection is
1865challenged, the agency of the state shall issue the final order
1866within 45 working days after receipt of the administrative law
1867judge's recommended order, and the recommended order shall
1868inform the parties of their right to file exceptions or
1869responses to the recommended order in accordance with the
1870uniform rules of procedure pursuant to s. 120.54. In those
1871proceedings where the actions of more than one agency of the
1872state are challenged, the Governor shall issue the final order
1873within 45 working days after receipt of the administrative law
1874judge's recommended order, and the recommended order shall
1875inform the parties of their right to file exceptions or
1876responses to the recommended order in accordance with the
1877uniform rules of procedure pursuant to s. 120.54. For This
1878paragraph does not apply to the issuance of department licenses
1879required under any federally delegated or approved permit
1880program. In such instances, the department, and not the
1881Governor, shall enter the final order. The participating
1882agencies of the state may opt at the preliminary hearing
1883conference to allow the administrative law judge's decision to
1884constitute the final agency action. If a participating local
1885government agrees to participate in the summary hearing
1886provisions of s. 120.574 for purposes of review of local
1887government comprehensive plan amendments, s. 163.3184(9) and
1888(10) apply.
1889     (b)  Projects identified in paragraph (3)(f) or challenges
1890to state agency action in the expedited permitting process for
1891establishment of a state-of-the-art biomedical research
1892institution and campus in this state by the grantee under s.
1893288.955 are subject to the same requirements as challenges
1894brought under paragraph (a), except that, notwithstanding s.
1895120.574, summary proceedings must be conducted within 30 days
1896after a party files the motion for summary hearing, regardless
1897of whether the parties agree to the summary proceeding.
1898     (15)  The office, working with the agencies providing
1899cooperative assistance and input regarding the memoranda of
1900agreement, shall review sites proposed for the location of
1901facilities that the office has certified to be eligible for the
1902Innovation Incentive Program under s. 288.1089. Within 20 days
1903after the request for the review by the office, the agencies
1904shall provide to the office a statement as to each site's
1905necessary permits under local, state, and federal law and an
1906identification of significant permitting issues, which if
1907unresolved, may result in the denial of an agency permit or
1908approval or any significant delay caused by the permitting
1910     (18)  The office, working with the Rural Economic
1911Development Initiative and the agencies participating in the
1912memoranda of agreement, shall provide technical assistance in
1913preparing permit applications and local comprehensive plan
1914amendments for counties having a population of fewer than 75,000
1915residents, or counties having fewer than 125,000 residents which
1916are contiguous to counties having fewer than 75,000 residents.
1917Additional assistance may include, but not be limited to,
1918guidance in land development regulations and permitting
1919processes, working cooperatively with state, regional, and local
1920entities to identify areas within these counties which may be
1921suitable or adaptable for preclearance review of specified types
1922of land uses and other activities requiring permits.
1923     Section 33.  Subsection (5) is added to section 526.203,
1924Florida Statutes, to read:
1925     526.203  Renewable fuel standard.-
1926     (5)  SALE OF UNBLENDED FUELS.-This section does not
1927prohibit the sale of unblended fuels for the uses exempted under
1928subsection (3).
1929     Section 34.  The installation of fuel tank upgrades to
1930secondary containment systems shall be completed by the
1931deadlines specified in rule 62-761.510, Florida Administrative
1932Code, Table UST. However, notwithstanding any agreements to the
1933contrary, any fuel service station that changed ownership
1934interest through a bona fide sale of the property between
1935January 1, 2009, and December 31, 2009, is not required to
1936complete the upgrades described in rule 62-761.510, Florida
1937Administrative 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.