A bill to be entitled
2An act relating to environmental regulation; amending s.
3125.022, F.S.; prohibiting a county from requiring an
4applicant to obtain a permit or approval from another
5state or federal agency as a condition of processing a
6development permit under certain conditions; authorizing a
7county to attach certain disclaimers to the issuance of a
8development permit; creating s. 161.032, F.S.; requiring
9that the Department of Environmental Protection review an
10application for certain permits under the Beach and Shore
11Preservation Act and request additional information within
12a specified time; requiring that the department proceed to
13process the application if the applicant believes that a
14request for additional information is not authorized by
15law or rule; extending the period for an applicant to
16timely submit additional information, notwithstanding
17certain provisions of the Administrative Procedure Act;
18authorizing the department to issue such permits in
19advance of the issuance of certain permits as provided for
20in the Endangered Species Act under certain conditions;
21amending s. 161.041, F.S.; specifying that s. 403.0874,
22F.S., authorizing expedited permitting, applies to
23provisions governing coastal construction; prohibiting the
24Department of Environmental Protection from requiring
25certain sediment quality specifications or turbidity
26standards as a permit condition; providing legislative
27intent with respect to permitting for beach renourishment
28projects; directing the department to amend specified
29rules relating to permitting for such projects; amending
30s. 163.3180, F.S.; providing an exemption to the level-of-
31service standards adopted under the Strategic Intermodal
32System for certain inland multimodal facilities;
33specifying project criteria; amending s. 166.033, F.S.;
34prohibiting a municipality from requiring an applicant to
35obtain a permit or approval from another state or federal
36agency as a condition of processing a development permit
37under certain conditions; authorizing a county to attach
38certain disclaimers to the issuance of a development
39permit; amending s. 218.075, F.S.; providing for the
40reduction or waiver of permit processing fees relating to
41projects that serve a public purpose for certain entities
42created by special act, local ordinance, or interlocal
43agreement; amending s. 258.397, F.S.; providing an
44exemption from a showing of extreme hardship relating to
45the sale, transfer, or lease of sovereignty submerged
46lands in the Biscayne Bay Aquatic Preserve for certain
47municipal applicants; providing for additional dredging
48and filling activities in the preserve; amending s.
49373.026, F.S.; requiring the Department of Environmental
50Protection to expand its use of Internet-based self-
51certification services for exemptions and permits issued
52by the department and water management districts; amending
53s. 373.413, F.S.; specifying that s. 403.0874, F.S.,
54authorizing expedited permitting, applies to provisions
55governing surface water management and storage; amending
56s. 373.4135, F.S.; conforming a cross-reference; amending
57s. 373.4136, F.S.; clarifying the use of the uniform
58mitigation assessment method for mitigation credits for
59the establishment and operation of mitigation banks;
60amending s. 373.4137, F.S.; revising legislative findings
61with respect to the options for mitigation relating to
62transportation projects; revising certain requirements for
63determining the habitat impacts of transportation
64projects; requiring water management districts to purchase
65credits from public or private mitigation banks under
66certain conditions; providing for the release of certain
67mitigation funds held for the benefit of a water
68management district if a project is excluded from a
69mitigation plan; requiring water management districts to
70use private mitigation banks in developing plans for
71complying with mitigation requirements; providing an
72exception; revising the procedure for excluding a project
73from a mitigation plan; amending s. 373.414, F.S.;
74revising provisions for the uniform mitigation assessment
75method rule for wetlands and other surface waters;
76providing requirements for the interpretation and
77application of the uniform mitigation assessment method
78rule; providing an exception; defining the terms
79"preservation mitigation" and "without preservation" for
80the purposes of certain assessments pursuant to the rule;
81providing for reassessment of mitigation banks under
82certain conditions; amending s. 373.4141, F.S.; providing
83a limitation for the request of additional information
84from an applicant by the department; providing that
85failure of an applicant to respond to such a request
86within a specified time period constitutes withdrawal of
87the application; reducing the time within which a permit
88must be approved, denied, or subject to notice of proposed
89agency action; prohibiting a state agency or an agency of
90the state from requiring additional permits or approval
91from a local, state, or federal agency without explicit
92authority; amending s. 373.4144, F.S.; providing
93legislative intent with respect to the coordination of
94regulatory duties among specified state and federal
95agencies; requiring that the department report annually to
96the Legislature on efforts to expand the state
97programmatic general permit or regional general permits;
98providing for a voluntary state programmatic general
99permit for certain dredge and fill activities; amending s.
100373.41492, F.S.; authorizing the use of proceeds from the
101water treatment plant upgrade fee to pay for specified
102mitigation projects; requiring proceeds from the water
103treatment plant upgrade fee to be transferred by the
104Department of Revenue to the South Florida Water
105Management District and deposited into the Lake Belt
106Mitigation Trust Fund until specified criteria is met;
107providing, after such criteria is met, for the proceeds of
108the water treatment plant upgrade fee to return to being
109transferred by the Department of Revenue to a trust fund
110established by Miami-Dade County for specified purposes;
111conforming a term; amending s. 373.441, F.S.; requiring
112that certain counties or municipalities apply by a
113specified date to the department or water management
114district for authority to require certain permits;
115providing that following such delegation, the department
116or district may not regulate activities that are subject
117to the delegation; clarifying the authority of local
118governments to adopt pollution control programs under
119certain conditions; amending s. 376.3071, F.S.; exempting
120program deductibles, copayments, and certain assessment
121report requirements from expenditures under the low-scored
122site initiative; amending s. 376.30715, F.S.; providing
123that the transfer of a contaminated site from an owner to
124a child of the owner or corporate entity does not
125disqualify the site from the innocent victim petroleum
126storage system restoration financial assistance program;
127authorizing certain applicants to reapply for financial
128assistance; amending s. 380.06, F.S.; exempting a proposed
129solid mineral mine or a proposed addition or expansion of
130an existing solid mineral mine from provisions governing
131developments of regional impact; providing certain
132exceptions; clarifying the applicability of local
133government regulations with respect to such mining
134activities; requiring solid mineral mines that meet
135specified criteria to enter into binding agreements with
136the Department of Transportation to mitigate impacts to
137Strategic Intermodal System facilities; amending s.
138380.0657, F.S.; authorizing expedited permitting for
139certain inland multimodal facilities that individually or
140collectively will create a minimum number of jobs;
141amending s. 403.061, F.S.; requiring the Department of
142Environmental Protection to establish reasonable zones of
143mixing for discharges into specified waters; providing
144that exceedance of certain groundwater standards does not
145create liability for site cleanup; providing that
146exceedance of soil cleanup target levels is not a basis
147for enforcement or cleanup; amending s. 403.087, F.S.;
148revising conditions under which the department is
149authorized to revoke environmental resource permits;
150creating s. 403.0874, F.S.; providing a short title;
151providing legislative findings and intent with respect to
152the consideration of the compliance history of a permit
153applicant; providing for applicability; specifying the
154period of compliance history to be considered is issuing
155or renewing a permit; providing criteria to be considered
156by the Department of Environmental Protection; authorizing
157expedited review of permit issuance, renewal,
158modification, and transfer; providing for a reduced number
159of inspections; providing for extended permit duration;
160authorizing the department to make additional incentives
161available under certain circumstances; providing for
162automatic permit renewal and reduced or waived fees under
163certain circumstances; authorizing the department to adopt
164additional incentives by rule; providing that such rules
165are binding on a water management district or local
166government that has been delegated certain regulatory
167duties; limiting applicability; amending s. 403.1838,
168F.S.; revising the definition of the term "financially
169disadvantaged small community" for the purposes of the
170Small Community Sewer Construction Assistance Act;
171amending s. 403.7045, F.S.; providing conditions under
172which sludge from an industrial waste treatment works is
173not solid waste; amending s. 403.707, F.S.; exempting the
174disposal of solid waste monitored by certain groundwater
175monitoring plans from specific authorization; extending
176the duration of all permits issued to solid waste
177management facilities that meet specified criteria;
178providing an exception; providing for prorated permit
179fees; providing applicability; amending s. 403.814, F.S.;
180providing for issuance of general permits for the
181construction, alteration, and maintenance of certain
182surface water management systems without the action of the
183department or a water management district; specifying
184conditions for the general permits; amending s. 403.853,
185F.S.; providing for the Department of Health, or a local
186county health department designated by the department, to
187perform sanitary surveys for a transient noncommunity
188water system using groundwater as a source of supply and
189serving religious institutions or businesses; amending s.
190403.973, F.S.; authorizing expedited permitting for
191certain commercial or industrial development projects that
192individually or collectively will create a minimum number
193of jobs; providing for a project-specific memorandum of
194agreement to apply to a project subject to expedited
195permitting; clarifying the authority of the Department of
196Environmental Protection to enter final orders for the
197issuance of certain licenses; revising criteria for the
198review of certain sites; amending s. 526.203, F.S.;
199authorizing the sale of unblended fuels for certain uses;
200revising the deadline for completion of the installation
201of fuel tank upgrades to secondary containment systems for
202specified properties; providing for future effect of
203specified provisions within the territory of the Northwest
204Florida Water Management District; amending s. 20.23,
205F.S.; requiring the Secretary of Transportation to
206designate duties relating to certain investment
207opportunities and transportation projects to an assistant
208secretary; amending s. 311.09, F.S.; revising requirements
209for the inclusion of certain goals and objectives in the
210Florida Seaport Mission Plan; requiring the Florida
211Seaport Transportation and Economic Development Council to
212develop a priority list of projects and submit the list to
213the Department of Transportation; amending s. 311.14,
214F.S.; requiring certain ports to develop strategic plans;
215providing criteria for such plans; requiring such plans to
216be consistent with local government comprehensive plans;
217requiring such plans to be submitted to the Florida
218Seaport Transportation and Economic Development Council;
219requiring the Florida Seaport Transportation and Economic
220Development Council to review such plans and include
221related information in the Florida Seaport Mission Plan;
222amending s. 339.155, F.S.; clarifying and revising the
223principles on which the Florida Transportation Plan is
224based; amending s. 339.63, F.S.; adding certain existing
225and planned facilities to the list of facilities included
226in the Strategic Intermodal System and the Emerging
227Strategic Intermodal System; amending s. 373.406, F.S.;
228exempting overwater piers, docks, and structures located
229in deepwater ports from stormwater management system
230requirements under specified conditions; amending s.
231373.4133, F.S.; requiring the Department of Environmental
232Protection to approve or deny an application for a port
233conceptual permit within a specified time; providing a
234limitation for the request of additional information from
235an applicant by the department; providing that failure of
236an applicant to respond to such a request within a
237specified time constitutes withdrawal of the application;
238providing that a third party who challenge the issuance of
239a port conceptual permit has the burden of ultimate
240persuasion and the burden of going forward with evidence;
241amending s. 403.813, F.S.; exempting specified seaports
242and inland navigation districts from requirements to
243conduct maintenance dredging under certain conditions;
244excluding ditches, pipes, and similar linear conveyances
245from consideration as receiving waters for the disposal of
246dredged materials; authorizing public ports and inland
247navigation districts to use sovereignty submerged lands in
248connection with maintenance dredging; authorizing the
249disposal of spoil material on specified sites; providing
250an exemption from permitting requirements for sites that
251meet specified criteria; requiring notice to the
252Department of Environmental Protection of intent to use
253the exemption; providing effective dates.
255Be It Enacted by the Legislature of the State of Florida:
257     Section 1.  Section 125.022, Florida Statutes, is amended
258to read:
259     125.022  Development permits.-When a county denies an
260application for a development permit, the county shall give
261written notice to the applicant. The notice must include a
262citation to the applicable portions of an ordinance, rule,
263statute, or other legal authority for the denial of the permit.
264As used in this section, the term "development permit" has the
265same meaning as in s. 163.3164. A county may not require as a
266condition of processing a development permit that an applicant
267obtain a permit or approval from any other state or federal
268agency unless the agency has issued a notice of intent to deny
269the federal or state permit before the county action on the
270local development permit. Issuance of a development permit by a
271county does not in any way create any rights on the part of the
272applicant to obtain a permit from another state or federal
273agency and does not create any liability on the part of the
274county for issuance of the permit if the applicant fails to
275fulfill its legal obligations to obtain requisite approvals or
276fulfill the obligations imposed by another state or a federal
277agency. A county may attach such a disclaimer to the issuance of
278a development permit, and may include a permit condition that
279all other applicable state or federal permits be obtained before
280commencement of the development. This section does not prohibit
281a county from providing information to an applicant regarding
282what other state or federal permits may apply.
283     Section 2.  Section 161.032, Florida Statutes, is created
284to read:
285     161.032  Application review; request for additional
287     (1)  Within 30 days after receipt of an application for a
288permit under this part, the department shall review the
289application and shall request submission of any additional
290information the department is permitted by law to require. If
291the applicant believes that a request for additional information
292is not authorized by law or rule, the applicant may request a
293hearing pursuant to s. 120.57. Within 30 days after receipt of
294such additional information, the department shall review such
295additional information and may request only that information
296needed to clarify such additional information or to answer new
297questions raised by or directly related to such additional
298information. If the applicant believes that the request for such
299additional information by the department is not authorized by
300law or rule, the department, at the applicant's request, shall
301proceed to process the permit application.
302     (2)  Notwithstanding s. 120.60, an applicant for a permit
303under this part has 90 days after the date of a timely request
304for additional information to submit such information. If an
305applicant requires more than 90 days in order to respond to a
306request for additional information, the applicant must notify
307the agency processing the permit application in writing of the
308circumstances, at which time the application shall be held in
309active status for no more than one additional period of up to 90
310days. Additional extensions may be granted for good cause shown
311by the applicant. A showing that the applicant is making a
312diligent effort to obtain the requested additional information
313constitutes good cause. Failure of an applicant to provide the
314timely requested information by the applicable deadline shall
315result in denial of the application without prejudice.
316     (3)  Notwithstanding any other provision of law, the
317department is authorized to issue permits pursuant to this part
318in advance of the issuance of any incidental take authorization
319as provided for in the Endangered Species Act and its
320implementing regulations if the permits and authorizations
321include a condition requiring that authorized activities shall
322not begin until such incidental take authorization is issued.
323     Section 3.  Subsections (5), (6), and (7) are added to
324section 161.041, Florida Statutes, to read:
325     161.041  Permits required.-
326     (5)  The provisions of s. 403.0874, relating to the
327incentive-based permitting program, apply to all permits issued
328under this chapter.
329     (6)  The department may not require as a permit condition
330sediment quality specifications or turbidity standards more
331stringent than those provided for in this chapter, chapter 373,
332or the Florida Administrative Code. The department may not issue
333guidelines that are enforceable as standards without going
334through the rulemaking process pursuant to chapter 120.
335     (7)  As an incentive for permit applicants, it is the
336Legislature's intent to simplify the permitting for periodic
337maintenance of beach renourishment projects previously permitted
338and restored under the joint coastal permit process pursuant to
339this section or part IV of chapter 373. The department shall
340amend chapters 62B-41 and 62B-49 of the Florida Administrative
341Code to streamline the permitting process, as necessary, for
342periodic maintenance projects.
343     Section 4.  Subsection (10) of section 163.3180, Florida
344Statutes, is amended to read:
345     163.3180  Concurrency.-
346     (10)(a)  Except in transportation concurrency exception
347areas, with regard to roadway facilities on the Strategic
348Intermodal System designated in accordance with s. 339.63, local
349governments shall adopt the level-of-service standard
350established by the Department of Transportation by rule.
351However, if the Office of Tourism, Trade, and Economic
352Development concurs in writing with the local government that
353the proposed development is for a qualified job creation project
354under s. 288.0656 or s. 403.973, the affected local government,
355after consulting with the Department of Transportation, may
356provide for a waiver of transportation concurrency for the
357project. For all other roads on the State Highway System, local
358governments shall establish an adequate level-of-service
359standard that need not be consistent with any level-of-service
360standard established by the Department of Transportation. In
361establishing adequate level-of-service standards for any
362arterial roads, or collector roads as appropriate, which
363traverse multiple jurisdictions, local governments shall
364consider compatibility with the roadway facility's adopted
365level-of-service standards in adjacent jurisdictions. Each local
366government within a county shall use a professionally accepted
367methodology for measuring impacts on transportation facilities
368for the purposes of implementing its concurrency management
369system. Counties are encouraged to coordinate with adjacent
370counties, and local governments within a county are encouraged
371to coordinate, for the purpose of using common methodologies for
372measuring impacts on transportation facilities for the purpose
373of implementing their concurrency management systems.
374     (b)  There shall be a limited exemption from the Strategic
375Intermodal System adopted level-of-service standards for new or
376redevelopment projects consistent with the local comprehensive
377plan as inland multimodal facilities receiving or sending cargo
378for distribution and providing cargo storage, consolidation,
379repackaging, and transfer of goods, and which may, if developed
380as proposed, include other intermodal terminals, related
381transportation facilities, warehousing and distribution
382facilities, and associated office space, light industrial,
383manufacturing, and assembly uses. The limited exemption applies
384if the project meets all of the following criteria:
385     1.  The project will not cause the adopted level-of-service
386standards for the Strategic Intermodal System facilities to be
387exceeded by more than 150 percent within the first 5 years of
388the project's development.
389     2.  The project, upon completion, would result in the
390creation of at least 50 full-time jobs.
391     3.  The project is compatible with existing and planned
392adjacent land uses.
393     4.  The project is consistent with local and regional
394economic development goals or plans.
395     5.  The project is proximate to regionally significant road
396and rail transportation facilities.
397     6.  The project is proximate to a community having an
398unemployment rate, as of the date of the development order
399application, which is 10 percent or more above the statewide
400reported average.
401     7.  The local government has a plan, developed in
402consultation with the Department of Transportation, for
403mitigating any impacts to the strategic intermodal system.
404     Section 5.  Section 166.033, Florida Statutes, is amended
405to read:
406     166.033  Development permits.-When a municipality denies an
407application for a development permit, the municipality shall
408give written notice to the applicant. The notice must include a
409citation to the applicable portions of an ordinance, rule,
410statute, or other legal authority for the denial of the permit.
411As used in this section, the term "development permit" has the
412same meaning as in s. 163.3164. A municipality may not require
413as a condition of processing a development permit that an
414applicant obtain a permit or approval from any other state or
415federal agency unless the agency has issued a notice of intent
416to deny the federal or state permit before the municipal action
417on the local development permit. Issuance of a development
418permit by a municipality does not in any way create any right on
419the part of an applicant to obtain a permit from another state
420or federal agency and does not create any liability on the part
421of the municipality for issuance of the permit if the applicant
422fails to fulfill its legal obligations to obtain requisite
423approvals or fulfill the obligations imposed by another state or
424federal agency. A municipality may attach such a disclaimer to
425the issuance of development permits and may include a permit
426condition that all other applicable state or federal permits be
427obtained before commencement of the development. This section
428does not prohibit a municipality from providing information to
429an applicant regarding what other state or federal permits may
431     Section 6.  Section 218.075, Florida Statutes, is amended
432to read:
433     218.075  Reduction or waiver of permit processing fees.-
434Notwithstanding any other provision of law, the Department of
435Environmental Protection and the water management districts
436shall reduce or waive permit processing fees for counties with a
437population of 50,000 or less on April 1, 1994, until such
438counties exceed a population of 75,000 and municipalities with a
439population of 25,000 or less, or for an entity created by
440special act, local ordinance, or interlocal agreement of such
441counties or municipalities, or for any county or municipality
442not included within a metropolitan statistical area. Fee
443reductions or waivers shall be approved on the basis of fiscal
444hardship or environmental need for a particular project or
445activity. The governing body must certify that the cost of the
446permit processing fee is a fiscal hardship due to one of the
447following factors:
448     (1)  Per capita taxable value is less than the statewide
449average for the current fiscal year;
450     (2)  Percentage of assessed property value that is exempt
451from ad valorem taxation is higher than the statewide average
452for the current fiscal year;
453     (3)  Any condition specified in s. 218.503(1) which results
454in the county or municipality being in a state of financial
456     (4)  Ad valorem operating millage rate for the current
457fiscal year is greater than 8 mills; or
458     (5)  A financial condition that is documented in annual
459financial statements at the end of the current fiscal year and
460indicates an inability to pay the permit processing fee during
461that fiscal year.
463The permit applicant must be the governing body of a county or
464municipality or a third party under contract with a county or
465municipality or an entity created by special act, local
466ordinance, or interlocal agreement and the project for which the
467fee reduction or waiver is sought must serve a public purpose.
468If a permit processing fee is reduced, the total fee shall not
469exceed $100.
470     Section 7.  Paragraphs (a) and (b) of subsection (3) of
471section 258.397, Florida Statutes, are amended to read:
472     258.397  Biscayne Bay Aquatic Preserve.-
473     (3)  AUTHORITY OF TRUSTEES.-The Board of Trustees of the
474Internal Improvement Trust Fund is authorized and directed to
475maintain the aquatic preserve hereby created pursuant and
476subject to the following provisions:
477     (a)  No further sale, transfer, or lease of sovereignty
478submerged lands in the preserve shall be approved or consummated
479by the board of trustees, except upon a showing of extreme
480hardship on the part of the applicant and a determination by the
481board of trustees that such sale, transfer, or lease is in the
482public interest. A municipal applicant proposing a project under
483paragraph (b) is exempt from showing extreme hardship.
484     (b)  No further dredging or filling of submerged lands of
485the preserve shall be approved or tolerated by the board of
486trustees except:
487     1.  Such minimum dredging and spoiling as may be authorized
488for public navigation projects or for such minimum dredging and
489spoiling as may be constituted as a public necessity or for
490preservation of the bay according to the expressed intent of
491this section.
492     2.  Such other alteration of physical conditions, including
493the placement of riprap, as may be necessary to enhance the
494quality and utility of the preserve.
495     3.  Such minimum dredging and filling as may be authorized
496for the creation and maintenance of marinas, piers, and docks
497and their attendant navigation channels and access roads. Such
498projects may only be authorized upon a specific finding by the
499board of trustees that there is assurance that the project will
500be constructed and operated in a manner that will not adversely
501affect the water quality and utility of the preserve. This
502subparagraph shall not authorize the connection of upland canals
503to the waters of the preserve.
504     4.  Such dredging as is necessary for the purpose of
505eliminating conditions hazardous to the public health or for the
506purpose of eliminating stagnant waters, islands, and spoil
507banks, the dredging of which would enhance the aesthetic and
508environmental quality and utility of the preserve and be clearly
509in the public interest as determined by the board of trustees.
510     5.  Such dredging and filling as is necessary for the
511creation of public waterfront promenades.
513Any dredging or filling under this subsection or improvements
514under subsection (5) shall be approved only after public notice
515as provided by s. 253.115.
516     Section 8.  Subsection (10) is added to section 373.026,
517Florida Statutes, to read:
518     373.026  General powers and duties of the department.-The
519department, or its successor agency, shall be responsible for
520the administration of this chapter at the state level. However,
521it is the policy of the state that, to the greatest extent
522possible, the department may enter into interagency or
523interlocal agreements with any other state agency, any water
524management district, or any local government conducting programs
525related to or materially affecting the water resources of the
526state. All such agreements shall be subject to the provisions of
527s. 373.046. In addition to its other powers and duties, the
528department shall, to the greatest extent possible:
529     (10)  Expand the use of Internet-based self-certification
530services for appropriate exemptions and general permits issued
531by the department and the water management districts, if such
532expansion is economically feasible. In addition to expanding the
533use of Internet-based self-certification services for
534appropriate exemptions and general permits, the department and
535water management districts shall identify and develop general
536permits for appropriate activities currently requiring
537individual review which could be expedited through the use of
538applicable professional certification.
539     Section 9.  Subsection (6) is added to section 373.413,
540Florida Statutes, to read:
541     373.413  Permits for construction or alteration.-
542     (6)  The provisions of s. 403.0874, relating to the
543incentive-based permitting program, apply to permits issued
544under this section.
545     Section 10.  Paragraph (c) of subsection (6) of section
546373.4135, Florida Statutes, is amended to read:
547     373.4135  Mitigation banks and offsite regional
549     (6)  An environmental creation, preservation, enhancement,
550or restoration project, including regional offsite mitigation
551areas, for which money is donated or paid as mitigation, that is
552sponsored by the department, a water management district, or a
553local government and provides mitigation for five or more
554applicants for permits under this part, or for 35 or more acres
555of adverse impacts, shall be established and operated under a
556memorandum of agreement. The memorandum of agreement shall be
557between the governmental entity proposing the mitigation project
558and the department or water management district, as appropriate.
559Such memorandum of agreement need not be adopted by rule. For
560the purposes of this subsection, one creation, preservation,
561enhancement, or restoration project shall mean one or more
562parcels of land with similar ecological communities that are
563intended to be created, preserved, enhanced, or restored under a
564common scheme.
565     (c)  At a minimum, the memorandum of agreement must address
566the following for each project authorized:
567     1.  A description of the work that will be conducted on the
568site and a timeline for completion of such work.
569     2.  A timeline for obtaining any required environmental
570resource permit.
571     3.  The environmental success criteria that the project
572must achieve.
573     4.  The monitoring and long-term management requirements
574that must be undertaken for the project.
575     5.  An assessment of the project in accordance with s.
576373.4136(4)(a)-(i), until the adoption of the uniform wetland
577mitigation assessment method pursuant to s. 373.414(18).
578     6.  A designation of the entity responsible for the
579successful completion of the mitigation work.
580     7.  A definition of the geographic area where the project
581may be used as mitigation established using the criteria of s.
583     8.  Full cost accounting of the project, including annual
584review and adjustment.
585     9.  Provision and a timetable for the acquisition of any
586lands necessary for the project.
587     10.  Provision for preservation of the site.
588     11.  Provision for application of all moneys received
589solely to the project for which they were collected.
590     12.  Provision for termination of the agreement and
591cessation of use of the project as mitigation if any material
592contingency of the agreement has failed to occur.
593     Section 11.  Subsection (4) of section 373.4136, Florida
594Statutes, is amended to read:
595     373.4136  Establishment and operation of mitigation banks.-
596     (4)  MITIGATION CREDITS.-After evaluating the information
597submitted by the applicant for a mitigation bank permit and
598assessing the proposed mitigation bank pursuant to the criteria
599in this section, the department or water management district
600shall award a number of mitigation credits to a proposed
601mitigation bank or phase of such mitigation bank. An entity
602establishing and operating a mitigation bank may apply to modify
603the mitigation bank permit to seek the award of additional
604mitigation credits if the mitigation bank results in an
605additional increase in ecological value over the value
606contemplated at the time of the original permit issuance, or the
607most recent modification thereto involving the number of credits
608awarded. The number of credits awarded shall be based on the
609degree of improvement in ecological value expected to result
610from the establishment and operation of the mitigation bank as
611determined using the uniform mitigation assessment method
612adopted pursuant to s. 373.414(18). a functional assessment
613methodology. In determining the degree of improvement in
614ecological value, each of the following factors, at a minimum,
615shall be evaluated:
616     (a) The extent to which target hydrologic regimes can be
617achieved and maintained.
618     (b) The extent to which management activities promote
619natural ecological conditions, such as natural fire patterns.
620     (c) The proximity of the mitigation bank to areas with
621regionally significant ecological resources or habitats, such as
622national or state parks, Outstanding National Resource Waters
623and associated watersheds, Outstanding Florida Waters and
624associated watersheds, and lands acquired through governmental
625or nonprofit land acquisition programs for environmental
626conservation; and the extent to which the mitigation bank
627establishes corridors for fish, wildlife, or listed species to
628those resources or habitats.
629     (d) The quality and quantity of wetland or upland
630restoration, enhancement, preservation, or creation.
631     (e) The ecological and hydrological relationship between
632wetlands and uplands in the mitigation bank.
633     (f) The extent to which the mitigation bank provides
634habitat for fish and wildlife, especially habitat for species
635listed as threatened, endangered, or of special concern, or
636provides habitats that are unique for that mitigation service
638     (g) The extent to which the lands that are to be preserved
639are already protected by existing state, local, or federal
640regulations or land use restrictions.
641     (h) The extent to which lands to be preserved would be
642adversely affected if they were not preserved.
643     (i) Any special designation or classification of the
644affected waters and lands.
645     Section 12.  Subsections (1) and (2), paragraph (c) of
646subsection (3), and subsection (4) of section 373.4137, Florida
647Statutes, are amended to read:
648     373.4137  Mitigation requirements for specified
649transportation projects.-
650     (1)  The Legislature finds that environmental mitigation
651for the impact of transportation projects proposed by the
652Department of Transportation or a transportation authority
653established pursuant to chapter 348 or chapter 349 can be more
654effectively achieved by regional, long-range mitigation planning
655rather than on a project-by-project basis. It is the intent of
656the Legislature that mitigation to offset the adverse effects of
657these transportation projects be funded by the Department of
658Transportation and be carried out by the water management
659districts, through including the use of private mitigation banks
660if available or, if a private mitigation bank is not available,
661through any other mitigation options that satisfy state and
662federal requirements established pursuant to this part.
663     (2)  Environmental impact inventories for transportation
664projects proposed by the Department of Transportation or a
665transportation authority established pursuant to chapter 348 or
666chapter 349 shall be developed as follows:
667     (a)  By July 1 of each year, the Department of
668Transportation or a transportation authority established
669pursuant to chapter 348 or chapter 349 which chooses to
670participate in this program shall submit to the water management
671districts a list copy of its projects in the adopted work
672program and an environmental impact inventory of habitats
673addressed in the rules adopted pursuant to this part and s. 404
674of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
675by its plan of construction for transportation projects in the
676next 3 years of the tentative work program. The Department of
677Transportation or a transportation authority established
678pursuant to chapter 348 or chapter 349 may also include in its
679environmental impact inventory the habitat impacts of any future
680transportation project. The Department of Transportation and
681each transportation authority established pursuant to chapter
682348 or chapter 349 may fund any mitigation activities for future
683projects using current year funds.
684     (b)  The environmental impact inventory shall include a
685description of these habitat impacts, including their location,
686acreage, and type; state water quality classification of
687impacted wetlands and other surface waters; any other state or
688regional designations for these habitats; and a list survey of
689threatened species, endangered species, and species of special
690concern affected by the proposed project.
691     (3)
692     (c)  Except for current mitigation projects in the
693monitoring and maintenance phase and except as allowed by
694paragraph (d), the water management districts may request a
695transfer of funds from an escrow account no sooner than 30 days
696prior to the date the funds are needed to pay for activities
697associated with development or implementation of the approved
698mitigation plan described in subsection (4) for the current
699fiscal year, including, but not limited to, design, engineering,
700production, and staff support. Actual conceptual plan
701preparation costs incurred before plan approval may be submitted
702to the Department of Transportation or the appropriate
703transportation authority each year with the plan. The conceptual
704plan preparation costs of each water management district will be
705paid from mitigation funds associated with the environmental
706impact inventory for the current year. The amount transferred to
707the escrow accounts each year by the Department of
708Transportation and participating transportation authorities
709established pursuant to chapter 348 or chapter 349 shall
710correspond to a cost per acre of $75,000 multiplied by the
711projected acres of impact identified in the environmental impact
712inventory described in subsection (2). However, the $75,000 cost
713per acre does not constitute an admission against interest by
714the state or its subdivisions nor is the cost admissible as
715evidence of full compensation for any property acquired by
716eminent domain or through inverse condemnation. Each July 1, the
717cost per acre shall be adjusted by the percentage change in the
718average of the Consumer Price Index issued by the United States
719Department of Labor for the most recent 12-month period ending
720September 30, compared to the base year average, which is the
721average for the 12-month period ending September 30, 1996. Each
722quarter, the projected acreage of impact shall be reconciled
723with the acreage of impact of projects as permitted, including
724permit modifications, pursuant to this part and s. 404 of the
725Clean Water Act, 33 U.S.C. s. 1344. The subject year's transfer
726of funds shall be adjusted accordingly to reflect the acreage of
727impacts as permitted. The Department of Transportation and
728participating transportation authorities established pursuant to
729chapter 348 or chapter 349 are authorized to transfer such funds
730from the escrow accounts to the water management districts to
731carry out the mitigation programs. Environmental mitigation
732funds that are identified or maintained in an escrow account for
733the benefit of a water management district may be released if
734the associated transportation project is excluded in whole or
735part from the mitigation plan. For a mitigation project that is
736in the maintenance and monitoring phase, the water management
737district may request and receive a one-time payment based on the
738project's expected future maintenance and monitoring costs. Upon
739disbursement of the final maintenance and monitoring payment,
740the department or the participating transportation authorities'
741obligation will be satisfied, the water management district will
742have continuing responsibility for the mitigation project, and
743the escrow account for the project established by the Department
744of Transportation or the participating transportation authority
745may be closed. Any interest earned on these disbursed funds
746shall remain with the water management district and must be used
747as authorized under this section.
748     (4)  Prior to March 1 of each year, each water management
749district, in consultation with the Department of Environmental
750Protection, the United States Army Corps of Engineers, the
751Department of Transportation, participating transportation
752authorities established pursuant to chapter 348 or chapter 349,
753and other appropriate federal, state, and local governments, and
754other interested parties, including entities operating
755mitigation banks, shall develop a plan for the primary purpose
756of complying with the mitigation requirements adopted pursuant
757to this part and 33 U.S.C. s. 1344. In developing such plans,
758private mitigation banks shall be used if available or, if a
759private mitigation bank is not available, the districts shall
760use utilize sound ecosystem management practices to address
761significant water resource needs and shall focus on activities
762of the Department of Environmental Protection and the water
763management districts, such as surface water improvement and
764management (SWIM) projects and lands identified for potential
765acquisition for preservation, restoration or enhancement, and
766the control of invasive and exotic plants in wetlands and other
767surface waters, to the extent that such activities comply with
768the mitigation requirements adopted under this part and 33
769U.S.C. s. 1344. In determining the activities to be included in
770such plans, the districts shall also consider the purchase of
771credits from public or private mitigation banks permitted under
772s. 373.4136 and associated federal authorization and shall
773include such purchase as a part of the mitigation plan when such
774purchase would offset the impact of the transportation project,
775provide equal benefits to the water resources than other
776mitigation options being considered, and provide the most cost-
777effective mitigation option. The mitigation plan shall be
778submitted to the water management district governing board, or
779its designee, for review and approval. At least 14 days prior to
780approval, the water management district shall provide a copy of
781the draft mitigation plan to any person who has requested a
783     (a)  For each transportation project with a funding request
784for the next fiscal year, the mitigation plan must include a
785brief explanation of why a mitigation bank was or was not chosen
786as a mitigation option, including an estimation of identifiable
787costs of the mitigation bank and nonbank options to the extent
789     (b)  Specific projects may be excluded from the mitigation
790plan, in whole or in part, and shall not be subject to this
791section upon the election agreement of the Department of
792Transportation, or a transportation authority if applicable, or
793and the appropriate water management district that the inclusion
794of such projects would hamper the efficiency or timeliness of
795the mitigation planning and permitting process. The water
796management district may choose to exclude a project in whole or
797in part if the district is unable to identify mitigation that
798would offset impacts of the project.
799     Section 13.  Subsection (18) of section 373.414, Florida
800Statutes, is amended to read:
801     373.414  Additional criteria for activities in surface
802waters and wetlands.-
803     (18)  The department, in coordination with and each water
804management district responsible for implementation of the
805environmental resource permitting program, shall develop a
806uniform mitigation assessment method for wetlands and other
807surface waters. The department shall adopt the uniform
808mitigation assessment method by rule no later than July 31,
8092002. The rule shall provide an exclusive, uniform, and
810consistent process for determining the amount of mitigation
811required to offset impacts to wetlands and other surface waters,
812and, once effective, shall supersede all rules, ordinances, and
813variance procedures from ordinances that determine the amount of
814mitigation needed to offset such impacts. Except when evaluating
815mitigation bank applications, which must meet the criteria of s.
816373.4136(1), the rule shall be applied only after determining
817that the mitigation is appropriate to offset the values and
818functions of wetlands and surface waters to be adversely
819impacted by the proposed activity. Once the department adopts
820the uniform mitigation assessment method by rule, the uniform
821mitigation assessment method shall be binding on the department,
822the water management districts, local governments, and any other
823governmental agencies and shall be the sole means to determine
824the amount of mitigation needed to offset adverse impacts to
825wetlands and other surface waters and to award and deduct
826mitigation bank credits. A water management district and any
827other governmental agency subject to chapter 120 may apply the
828uniform mitigation assessment method without the need to adopt
829it pursuant to s. 120.54. It shall be a goal of the department
830and water management districts that the uniform mitigation
831assessment method developed be practicable for use within the
832timeframes provided in the permitting process and result in a
833consistent process for determining mitigation requirements. It
834shall be recognized that any such method shall require the
835application of reasonable scientific judgment. The uniform
836mitigation assessment method must determine the value of
837functions provided by wetlands and other surface waters
838considering the current conditions of these areas, utilization
839by fish and wildlife, location, uniqueness, and hydrologic
840connection, and, when applied to mitigation banks, the factors
841listed in s. 373.4136(4). The uniform mitigation assessment
842method shall also account for the expected time-lag associated
843with offsetting impacts and the degree of risk associated with
844the proposed mitigation. The uniform mitigation assessment
845method shall account for different ecological communities in
846different areas of the state. In developing the uniform
847mitigation assessment method, the department and water
848management districts shall consult with approved local programs
849under s. 403.182 which have an established mitigation program
850for wetlands or other surface waters. The department and water
851management districts shall consider the recommendations
852submitted by such approved local programs, including any
853recommendations relating to the adoption by the department and
854water management districts of any uniform mitigation methodology
855that has been adopted and used by an approved local program in
856its established mitigation program for wetlands or other surface
857waters. Environmental resource permitting rules may establish
858categories of permits or thresholds for minor impacts under
859which the use of the uniform mitigation assessment method will
860not be required. The application of the uniform mitigation
861assessment method is not subject to s. 70.001. In the event the
862rule establishing the uniform mitigation assessment method is
863deemed to be invalid, the applicable rules related to
864establishing needed mitigation in existence prior to the
865adoption of the uniform mitigation assessment method, including
866those adopted by a county which is an approved local program
867under s. 403.182, and the method described in paragraph (b) for
868existing mitigation banks, shall be authorized for use by the
869department, water management districts, local governments, and
870other state agencies.
871     (a)  In developing the uniform mitigation assessment
872method, the department shall seek input from the United States
873Army Corps of Engineers in order to promote consistency in the
874mitigation assessment methods used by the state and federal
875permitting programs.
876     (b)  An entity which has received a mitigation bank permit
877prior to the adoption of the uniform mitigation assessment
878method shall have impact sites assessed, for the purpose of
879deducting bank credits, using the credit assessment method,
880including any functional assessment methodology, which was in
881place when the bank was permitted; unless the entity elects to
882have its credits redetermined, and thereafter have its credits
883deducted, using the uniform mitigation assessment method.
884     (c)  The department shall ensure statewide coordination and
885consistency in the interpretation and application of the uniform
886mitigation assessment method rule by providing programmatic
887training and guidance to staff of the department, water
888management districts, and local governments. To ensure that the
889uniform mitigation assessment method rule is interpreted and
890applied uniformly, the department's interpretation, guidance,
891and approach to applying the uniform mitigation assessment
892method rule shall govern.
893     (d)  Applicants shall submit the information needed to
894perform the assessment required under the uniform mitigation
895assessment method rule and may submit the qualitative
896characterization and quantitative assessment for each assessment
897area specified by the rule. The reviewing agency shall review
898that information and notify the applicant of any inadequacy in
899the information or application of the assessment method.
900     (e)  When conducting qualitative characterization of
901artificial wetlands and other surface waters, such as borrow
902pits, ditches, and canals, under the uniform mitigation
903assessment method rule, the native community type to which it is
904most analogous in function shall be used as a reference. For
905wetlands or other surface waters that have been altered from
906their native community type, the historic community type at that
907location shall be used as a reference, unless the alteration has
908been of such a degree and extent that a different native
909community type is now present and self-sustaining.
910     (f)  When conducting qualitative characterization of upland
911mitigation assessment areas, the characterization shall include
912functions that the upland assessment area provides to the fish
913and wildlife of the associated wetland or other surface waters.
914These functions shall be considered and accounted for when
915scoring the upland assessment area for preservation,
916enhancement, or restoration.
917     (g)  The term "preservation mitigation," as used in the
918uniform mitigation assessment method, means the protection of
919important wetland, other surface water, or upland ecosystems
920predominantly in their existing condition and absent
921restoration, creation, or enhancement from adverse impacts by
922placing a conservation easement or other comparable land use
923restriction over the property or by donation of fee simple
924interest in the property. Preservation may include a management
925plan for perpetual protection of the area. The preservation
926adjustment factor set forth in rule 62-345.500(3), Florida
927Administrative Code, shall only apply to preservation
929     (h)  When assessing a preservation mitigation assessment
930area under the uniform mitigation assessment method, the
931following apply:
932     1.  The term "without preservation" means the reasonably
933anticipated loss of functions and values provided by the
934assessment area, assuming the area is not preserved.
935     2.  Each of the considerations of the preservation
936adjustment factor specified in rule 62-345.500(3)(a), Florida
937Administrative Code, shall be equally weighted and scored on a
938scale from 0, no value, to 0.2, optimal value. In addition, the
939minimum preservation adjustment factor shall be 0.2.
940     (i)  The location and landscape support scores, pursuant to
941rule 62-345.500, Florida Administrative Code, may change in the
942"with mitigation" or "with impact" condition in both upland and
943wetland assessment areas, regardless of the initial community
944structure or water environment scores.
945     (j)  When a mitigation plan for creation, restoration, or
946enhancement includes a preservation mechanism, such as a
947conservation easement, the "with mitigation" assessment of that
948creation, restoration, or enhancement shall consider, and the
949scores shall reflect, the benefits of that preservation
950mechanism, and the benefits of that preservation mechanism may
951not be scored separately.
952     (k)  Any entity holding a mitigation bank permit that was
953evaluated under the uniform mitigation assessment method before
954the effective date of paragraphs (c)-(j) may submit a permit
955modification request to the relevant permitting agency to have
956such mitigation bank reassessed pursuant to the provisions set
957forth in this section, and the relevant permitting agency shall
958reassess such mitigation bank, if such request is filed with
959that agency no later than September 30, 2011.
960     Section 14.  Section 373.4141, Florida Statutes, is amended
961to read:
962     373.4141  Permits; processing.-
963     (1)  Within 30 days after receipt of an application for a
964permit under this part, the department or the water management
965district shall review the application and shall request
966submittal of all additional information the department or the
967water management district is permitted by law to require. If the
968applicant believes any request for additional information is not
969authorized by law or rule, the applicant may request a hearing
970pursuant to s. 120.57. Within 30 days after receipt of such
971additional information, the department or water management
972district shall review it and may request only that information
973needed to clarify such additional information or to answer new
974questions raised by or directly related to such additional
975information. If the applicant believes the request of the
976department or water management district for such additional
977information is not authorized by law or rule, the department or
978water management district, at the applicant's request, shall
979proceed to process the permit application. The department or
980water management district may request additional information no
981more than twice unless the applicant waives this limitation in
982writing. If the applicant does not provide a written response to
983the second request for additional information within 90 days or
984another time period mutually agreed upon between the applicant
985and the department or water management district, the application
986shall be considered withdrawn.
987     (2)  A permit shall be approved, or denied, or subject to a
988notice of proposed agency action within 60 90 days after receipt
989of the original application, the last item of timely requested
990additional material, or the applicant's written request to begin
991processing the permit application.
992     (3)  Processing of applications for permits for affordable
993housing projects shall be expedited to a greater degree than
994other projects.
995     (4)  A state agency or an agency of the state may not
996require as a condition of approval for a permit or as an item to
997complete a pending permit application that an applicant obtain a
998permit or approval from any other local, state, or federal
999agency without explicit statutory authority to require such
1000permit or approval.
1001     Section 15.  Section 373.4144, Florida Statutes, is amended
1002to read:
1003     373.4144  Federal environmental permitting.-
1004     (1)  It is the intent of the Legislature to:
1005     (a)  Facilitate coordination and a more efficient process
1006of implementing regulatory duties and functions between the
1007Department of Environmental Protection, the water management
1008districts, the United States Army Corps of Engineers, the United
1009States Fish and Wildlife Service, the National Marine Fisheries
1010Service, the United States Environmental Protection Agency, the
1011Fish and Wildlife Conservation Commission, and other relevant
1012federal and state agencies.
1013     (b)  Authorize the Department of Environmental Protection
1014to obtain issuance by the United States Army Corps of Engineers,
1015pursuant to state and federal law and as set forth in this
1016section, of an expanded state programmatic general permit, or a
1017series of regional general permits, for categories of activities
1018in waters of the United States governed by the Clean Water Act
1019and in navigable waters under the Rivers and Harbors Act of 1899
1020which are similar in nature, which will cause only minimal
1021adverse environmental effects when performed separately, and
1022which will have only minimal cumulative adverse effects on the
1024     (c)  Use the mechanism of such a state general permit or
1025such regional general permits to eliminate overlapping federal
1026regulations and state rules that seek to protect the same
1027resource and to avoid duplication of permitting between the
1028United States Army Corps of Engineers and the department for
1029minor work located in waters of the United States, including
1030navigable waters, thus eliminating, in appropriate cases, the
1031need for a separate individual approval from the United States
1032Army Corps of Engineers while ensuring the most stringent
1033protection of wetland resources.
1034     (d)  Direct the department not to seek issuance of or take
1035any action pursuant to any such permit or permits unless such
1036conditions are at least as protective of the environment and
1037natural resources as existing state law under this part and
1038federal law under the Clean Water Act and the Rivers and Harbors
1039Act of 1899. The department is directed to develop, on or before
1040October 1, 2005, a mechanism or plan to consolidate, to the
1041maximum extent practicable, the federal and state wetland
1042permitting programs. It is the intent of the Legislature that
1043all dredge and fill activities impacting 10 acres or less of
1044wetlands or waters, including navigable waters, be processed by
1045the state as part of the environmental resource permitting
1046program implemented by the department and the water management
1047districts. The resulting mechanism or plan shall analyze and
1048propose the development of an expanded state programmatic
1049general permit program in conjunction with the United States
1050Army Corps of Engineers pursuant to s. 404 of the Clean Water
1051Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
1052and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
1053or in combination with an expanded state programmatic general
1054permit, the mechanism or plan may propose the creation of a
1055series of regional general permits issued by the United States
1056Army Corps of Engineers pursuant to the referenced statutes. All
1057of the regional general permits must be administered by the
1058department or the water management districts or their designees.
1059     (2)  In order to effectuate efficient wetland permitting
1060and avoid duplication, the department and water management
1061districts are authorized to implement a voluntary state
1062programmatic general permit for all dredge and fill activities
1063impacting 3 acres or less of wetlands or other surface waters,
1064including navigable waters, subject to agreement with the United
1065States Army Corps of Engineers, if the general permit is at
1066least as protective of the environment and natural resources as
1067existing state law under this part and federal law under the
1068Clean Water Act and the Rivers and Harbors Act of 1899. The
1069department is directed to file with the Speaker of the House of
1070Representatives and the President of the Senate a report
1071proposing any required federal and state statutory changes that
1072would be necessary to accomplish the directives listed in this
1073section and to coordinate with the Florida Congressional
1074Delegation on any necessary changes to federal law to implement
1075the directives.
1076     (3)  Nothing in this section shall be construed to preclude
1077the department from pursuing a series of regional general
1078permits for construction activities in wetlands or surface
1079waters or complete assumption of federal permitting programs
1080regulating the discharge of dredged or fill material pursuant to
1081s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
108233 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
1083Act of 1899, so long as the assumption encompasses all dredge
1084and fill activities in, on, or over jurisdictional wetlands or
1085waters, including navigable waters, within the state.
1086     Section 16.  Subsections (2) and (3), paragraph (a) of
1087subsection (4), and paragraph (a) of subsection (6) of section
1088373.41492, Florida Statutes, are amended to read:
1089     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1090mitigation for mining activities within the Miami-Dade County
1091Lake Belt.-
1092     (2)  To provide for the mitigation of wetland resources
1093lost to mining activities within the Miami-Dade County Lake Belt
1094Plan, effective October 1, 1999, a mitigation fee is imposed on
1095each ton of limerock and sand extracted by any person who
1096engages in the business of extracting limerock or sand from
1097within the Miami-Dade County Lake Belt Area and the east one-
1098half of sections 24 and 25 and all of sections 35 and 36,
1099Township 53 South, Range 39 East. The mitigation fee is imposed
1100for each ton of limerock and sand sold from within the
1101properties where the fee applies in raw, processed, or
1102manufactured form, including, but not limited to, sized
1103aggregate, asphalt, cement, concrete, and other limerock and
1104concrete products. The mitigation fee imposed by this subsection
1105for each ton of limerock and sand sold shall be 12 cents per ton
1106beginning January 1, 2007; 18 cents per ton beginning January 1,
11072008; 24 cents per ton beginning January 1, 2009; and 45 cents
1108per ton beginning close of business December 31, 2011. To pay
1109for seepage mitigation projects, including hydrological
1110structures, as authorized in an environmental resource permit
1111issued by the department for mining activities within the Miami-
1112Dade County Lake Belt Area, and to upgrade a water treatment
1113plant that treats water coming from the Northwest Wellfield in
1114Miami-Dade County, a water treatment plant upgrade fee is
1115imposed within the same Lake Belt Area subject to the mitigation
1116fee and upon the same kind of mined limerock and sand subject to
1117the mitigation fee. The water treatment plant upgrade fee
1118imposed by this subsection for each ton of limerock and sand
1119sold shall be 15 cents per ton beginning on January 1, 2007, and
1120the collection of this fee shall cease once the total amount of
1121proceeds collected for this fee reaches the amount of the actual
1122moneys necessary to design and construct the water treatment
1123plant upgrade, as determined in an open, public solicitation
1124process. Any limerock or sand that is used within the mine from
1125which the limerock or sand is extracted is exempt from the fees.
1126The amount of the mitigation fee and the water treatment plant
1127upgrade fee imposed under this section must be stated separately
1128on the invoice provided to the purchaser of the limerock or sand
1129product from the limerock or sand miner, or its subsidiary or
1130affiliate, for which the fee or fees apply. The limerock or sand
1131miner, or its subsidiary or affiliate, who sells the limerock or
1132sand product shall collect the mitigation fee and the water
1133treatment plant upgrade fee and forward the proceeds of the fees
1134to the Department of Revenue on or before the 20th day of the
1135month following the calendar month in which the sale occurs. As
1136used in this section, the term "proceeds of the fee" means all
1137funds collected and received by the Department of Revenue under
1138this section, including interest and penalties on delinquent
1139fees. The amount deducted for administrative costs may not
1140exceed 3 percent of the total revenues collected under this
1141section and may equal only those administrative costs reasonably
1142attributable to the fees.
1143     (3)  The mitigation fee and the water treatment plant
1144upgrade fee imposed by this section must be reported to the
1145Department of Revenue. Payment of the mitigation and the water
1146treatment plant upgrade fees must be accompanied by a form
1147prescribed by the Department of Revenue.
1148     (a)  The proceeds of the mitigation fee, less
1149administrative costs, must be transferred by the Department of
1150Revenue to the South Florida Water Management District and
1151deposited into the Lake Belt Mitigation Trust Fund.
1152     (b)  Beginning January 1, 2012, the proceeds of the water
1153treatment plant upgrade fee, less administrative costs, must be
1154transferred by the Department of Revenue to the South Florida
1155Water Management District and deposited into the Lake Belt
1156Mitigation Trust Fund until either:
1157     1.  A total of $20 million from the water treatment plant
1158upgrade fee proceeds, less administrative costs, is deposited
1159into the Lake Belt Mitigation Trust Fund; or
1160     2.  The quarterly pathogen sampling conducted as a
1161condition of the permits issued by the department for rock
1162mining activities in the Miami-Dade Lake Belt Area demonstrates
1163that the water in any quarry lake in the vicinity of the
1164Northwest Wellfield would be classified as being in Bin Two or
1165higher as defined in the Environmental Protection Agency's
1166Enhanced Surface Water Treatment Rule.
1167     (c)  Upon the earliest occurrence of the criteria under
1168either subparagraph (b)1. or subparagraph (b)2., the proceeds of
1169the water treatment plant upgrade fee, less administrative
1170costs, must be transferred by the Department of Revenue to a
1171trust fund established by Miami-Dade County, for the sole
1172purpose authorized by paragraph (6)(a). As used in this section,
1173the term "proceeds of the fee" means all funds collected and
1174received by the Department of Revenue under this section,
1175including interest and penalties on delinquent fees. The amount
1176deducted for administrative costs may not exceed 3 percent of
1177the total revenues collected under this section and may equal
1178only those administrative costs reasonably attributable to the
1180     (4)(a)  The Department of Revenue shall administer,
1181collect, and enforce the mitigation and water treatment plant
1182upgrade fees authorized under this section in accordance with
1183the procedures used to administer, collect, and enforce the
1184general sales tax imposed under chapter 212. The provisions of
1185chapter 212 with respect to the authority of the Department of
1186Revenue to audit and make assessments, the keeping of books and
1187records, and the interest and penalties imposed on delinquent
1188fees apply to this section. The fees may not be included in
1189computing estimated taxes under s. 212.11, and the dealer's
1190credit for collecting taxes or fees provided for in s. 212.12
1191does not apply to the fees imposed by this section.
1192     (6)(a)  The proceeds of the mitigation fee must be used to
1193conduct mitigation activities that are appropriate to offset the
1194loss of the value and functions of wetlands as a result of
1195mining activities and must be used in a manner consistent with
1196the recommendations contained in the reports submitted to the
1197Legislature by the Miami-Dade County Lake Belt Plan
1198Implementation Committee and adopted under s. 373.4149. Such
1199mitigation may include the purchase, enhancement, restoration,
1200and management of wetlands and uplands, the purchase of
1201mitigation credit from a permitted mitigation bank, and any
1202structural modifications to the existing drainage system to
1203enhance the hydrology of the Miami-Dade County Lake Belt Area.
1204Funds may also be used to reimburse other funding sources,
1205including the Save Our Rivers Land Acquisition Program, the
1206Internal Improvement Trust Fund, the South Florida Water
1207Management District, and Miami-Dade County, for the purchase of
1208lands that were acquired in areas appropriate for mitigation due
1209to rock mining and to reimburse governmental agencies that
1210exchanged land under s. 373.4149 for mitigation due to rock
1211mining. The proceeds of the water treatment plant upgrade fee
1212that are deposited into the Lake Belt Mitigation Trust Fund
1213shall be used solely to pay for seepage mitigation projects,
1214including groundwater or surface water management structures, as
1215authorized in an environmental resource permit issued by the
1216department for mining activities within the Miami-Dade County
1217Lake Belt Area. The proceeds of the water treatment plant
1218upgrade fee that are transferred to a trust fund established by
1219Miami-Dade County shall be used to upgrade a water treatment
1220plant that treats water coming from the Northwest Wellfield in
1221Miami-Dade County. As used in this section, the terms "upgrade a
1222water treatment plant" or "water treatment plant upgrade" means
1223those works necessary to treat or filter a surface water source
1224or supply or both.
1225     Section 17.  Present subsections (3), (4), and (5) of
1226section 373.441, Florida Statutes, are renumbered as subsections
1227(7), (8), and (9), respectively, and new subsections (3), (4),
1228(5), and (6) are added to that section, to read:
1229     373.441  Role of counties, municipalities, and local
1230pollution control programs in permit processing; delegation.-
1231     (3)  A county or municipality having a population of
1232400,000 or more that implements a local pollution control
1233program regulating all or a portion of the wetlands or surface
1234waters throughout its geographic boundary must apply for
1235delegation of state environmental resource permitting authority
1236on or before January 1, 2013. If such a county or municipality
1237fails to receive delegation of all or a portion of state
1238environmental resource permitting authority within 2 years after
1239submitting its application for delegation or by January 1, 2015,
1240at the latest, it may not require permits that in part or in
1241full are substantially similar to the requirements needed to
1242obtain an environmental resource permit. A county or
1243municipality that has received delegation before January 1,
12442013, does not need to reapply.
1245     (4)  The department is responsible for all delegations of
1246state environmental resource permitting authority to local
1247governments. The department must grant or deny an application
1248for delegation submitted by a county or municipality that meets
1249the criteria in subsection (3) within 2 years after the receipt
1250of the application. If an application for delegation is denied,
1251any available legal challenge to such denial shall toll the
1252preemption deadline until resolution of the legal challenge.
1253Upon delegation to a qualified local government, the department
1254and water management district may not regulate the activities
1255subject to the delegation within that jurisdiction.
1256     (5)  This section does not prohibit or limit a local
1257government that meets the criteria in subsection (3) from
1258regulating wetlands or surface waters after January 1, 2013, if
1259the local government receives delegation of all or a portion of
1260state environmental resource permitting authority within 2 years
1261after submitting its application for delegation.
1262     (6)  Notwithstanding subsections (3), (4), and (5), this
1263section does not apply to environmental resource permitting or
1264reclamation applications for solid mineral mining and does not
1265prohibit the application of local government regulations to any
1266new solid mineral mine or any proposed addition to, change to,
1267or expansion of an existing solid mineral mine.
1268     Section 18.  Paragraph (b) of subsection (11) of section
1269376.3071, Florida Statutes, is amended to read:
1270     376.3071  Inland Protection Trust Fund; creation; purposes;
1272     (11)
1273     (b)  Low-scored site initiative.-Notwithstanding s.
1274376.30711, any site with a priority ranking score of 10 points
1275or less may voluntarily participate in the low-scored site
1276initiative, whether or not the site is eligible for state
1277restoration funding.
1278     1.  To participate in the low-scored site initiative, the
1279responsible party or property owner must affirmatively
1280demonstrate that the following conditions are met:
1281     a.  Upon reassessment pursuant to department rule, the site
1282retains a priority ranking score of 10 points or less.
1283     b.  No excessively contaminated soil, as defined by
1284department rule, exists onsite as a result of a release of
1285petroleum products.
1286     c.  A minimum of 6 months of groundwater monitoring
1287indicates that the plume is shrinking or stable.
1288     d.  The release of petroleum products at the site does not
1289adversely affect adjacent surface waters, including their
1290effects on human health and the environment.
1291     e.  The area of groundwater containing the petroleum
1292products' chemicals of concern is less than one-quarter acre and
1293is confined to the source property boundaries of the real
1294property on which the discharge originated.
1295     f.  Soils onsite that are subject to human exposure found
1296between land surface and 2 feet below land surface meet the soil
1297cleanup target levels established by department rule or human
1298exposure is limited by appropriate institutional or engineering
1300     2.  Upon affirmative demonstration of the conditions under
1301subparagraph 1., the department shall issue a determination of
1302"No Further Action." Such determination acknowledges that
1303minimal contamination exists onsite and that such contamination
1304is not a threat to human health or the environment. If no
1305contamination is detected, the department may issue a site
1306rehabilitation completion order.
1307     3.  Sites that are eligible for state restoration funding
1308may receive payment of preapproved costs for the low-scored site
1309initiative as follows:
1310     a.  A responsible party or property owner may submit an
1311assessment plan designed to affirmatively demonstrate that the
1312site meets the conditions under subparagraph 1. Notwithstanding
1313the priority ranking score of the site, the department may
1314preapprove the cost of the assessment pursuant to s. 376.30711,
1315including 6 months of groundwater monitoring, not to exceed
1316$30,000 for each site. The department may not pay the costs
1317associated with the establishment of institutional or
1318engineering controls.
1319     b.  The assessment work shall be completed no later than 6
1320months after the department issues its approval.
1321     c.  No more than $10 million for the low-scored site
1322initiative shall be encumbered from the Inland Protection Trust
1323Fund in any fiscal year. Funds shall be made available on a
1324first-come, first-served basis and shall be limited to 10 sites
1325in each fiscal year for each responsible party or property
1327     d.  Program deductibles, copayments, and the limited
1328contamination assessment report requirements under paragraph
1329(13)(c) do not apply to expenditures under this paragraph.
1330     Section 19.  Section 376.30715, Florida Statutes, is
1331amended to read:
1332     376.30715  Innocent victim petroleum storage system
1333restoration.-A contaminated site acquired by the current owner
1334prior to July 1, 1990, which has ceased operating as a petroleum
1335storage or retail business prior to January 1, 1985, is eligible
1336for financial assistance pursuant to s. 376.305(6),
1337notwithstanding s. 376.305(6)(a). For purposes of this section,
1338the term "acquired" means the acquisition of title to the
1339property; however, a subsequent transfer of the property to a
1340spouse or child of the owner, a surviving spouse or child of the
1341owner in trust or free of trust, or a revocable trust created
1342for the benefit of the settlor, or a corporate entity created by
1343the owner to hold title to the site does not disqualify the site
1344from financial assistance pursuant to s. 376.305(6) and
1345applicants previously denied coverage may reapply. Eligible
1346sites shall be ranked in accordance with s. 376.3071(5).
1347     Section 20.  Paragraph (u) is added to subsection (24) of
1348section 380.06, Florida Statutes, to read:
1349     380.06  Developments of regional impact.-
1351     (u)  Any proposed solid mineral mine and any proposed
1352addition to, expansion of, or change to an existing solid
1353mineral mine is exempt from the provisions of this section.
1354Proposed changes to any previously approved solid mineral mine
1355development-of-regional-impact development orders having vested
1356rights is not subject to further review or approval as a
1357development of regional impact or notice of proposed change
1358review or approval pursuant to subsection (19), except for those
1359applications pending as of July 1, 2011, which shall be governed
1360by s. 380.115(2). Notwithstanding the foregoing, however,
1361pursuant to s. 380.115(1), previously approved solid mineral
1362mine development-of-regional-impact development orders shall
1363continue to enjoy vested rights and continue to be effective
1364unless rescinded by the developer. All local government
1365regulations of proposed solid mineral mines apply to any new
1366solid mineral mine or to any proposed addition to, expansion of,
1367or change to an existing solid mineral mine. Notwithstanding
1368this exemption, a new solid mineral mine that contributes more
1369than 5 percent of the maximum service volume to a Strategic
1370Intermodal System facility operating below its designated level
1371of service must enter into a binding agreement with the
1372Department of Transportation to mitigate its impacts to the
1373Strategic Intermodal System facility.
1375If a use is exempt from review as a development of regional
1376impact under paragraphs (a)-(s), but will be part of a larger
1377project that is subject to review as a development of regional
1378impact, the impact of the exempt use must be included in the
1379review of the larger project, unless such exempt use involves a
1380development of regional impact that includes a landowner,
1381tenant, or user that has entered into a funding agreement with
1382the Office of Tourism, Trade, and Economic Development under the
1383Innovation Incentive Program and the agreement contemplates a
1384state award of at least $50 million.
1385     Section 21.  Subsection (1) of section 380.0657, Florida
1386Statutes, is amended to read:
1387     380.0657  Expedited permitting process for economic
1388development projects.-
1389     (1)  The Department of Environmental Protection and, as
1390appropriate, the water management districts created under
1391chapter 373 shall adopt programs to expedite the processing of
1392wetland resource and environmental resource permits for economic
1393development projects that have been identified by a municipality
1394or county as meeting the definition of target industry
1395businesses under s. 288.106, or any inland multimodal facility,
1396receiving or sending cargo to or from Florida ports, with the
1397exception of those projects requiring approval by the Board of
1398Trustees of the Internal Improvement Trust Fund.
1399     Section 22.  Subsection (11) of section 403.061, Florida
1400Statutes, is amended to read:
1401     403.061  Department; powers and duties.-The department
1402shall have the power and the duty to control and prohibit
1403pollution of air and water in accordance with the law and rules
1404adopted and promulgated by it and, for this purpose, to:
1405     (11)  Establish ambient air quality and water quality
1406standards for the state as a whole or for any part thereof, and
1407also standards for the abatement of excessive and unnecessary
1408noise. The department is authorized to establish reasonable
1409zones of mixing for discharges into waters. For existing
1410installations as defined by rule 62-520.200(10), Florida
1411Administrative Code, effective July 12, 2009, zones of discharge
1412to groundwater are authorized to a facility's or owner's
1413property boundary and extending to the base of a specifically
1414designated aquifer or aquifers. Exceedance of primary and
1415secondary groundwater standards that occur within a zone of
1416discharge does not create liability pursuant to this chapter or
1417chapter 376 for site cleanup, and the exceedance of soil cleanup
1418target levels is not a basis for enforcement or site cleanup.
1419     (a)  When a receiving body of water fails to meet a water
1420quality standard for pollutants set forth in department rules, a
1421steam electric generating plant discharge of pollutants that is
1422existing or licensed under this chapter on July 1, 1984, may
1423nevertheless be granted a mixing zone, provided that:
1424     1.  The standard would not be met in the water body in the
1425absence of the discharge;
1426     2.  The discharge is in compliance with all applicable
1427technology-based effluent limitations;
1428     3.  The discharge does not cause a measurable increase in
1429the degree of noncompliance with the standard at the boundary of
1430the mixing zone; and
1431     4.  The discharge otherwise complies with the mixing zone
1432provisions specified in department rules.
1433     (b)  No mixing zone for point source discharges shall be
1434permitted in Outstanding Florida Waters except for:
1435     1.  Sources that have received permits from the department
1436prior to April 1, 1982, or the date of designation, whichever is
1438     2.  Blowdown from new power plants certified pursuant to
1439the Florida Electrical Power Plant Siting Act;
1440     3.  Discharges of water necessary for water management
1441purposes which have been approved by the governing board of a
1442water management district and, if required by law, by the
1443secretary; and
1444     4.  The discharge of demineralization concentrate which has
1445been determined permittable under s. 403.0882 and which meets
1446the specific provisions of s. 403.0882(4)(a) and (b), if the
1447proposed discharge is clearly in the public interest.
1448     (c)  The department, by rule, shall establish water quality
1449criteria for wetlands which criteria give appropriate
1450recognition to the water quality of such wetlands in their
1451natural state.
1453Nothing in this act shall be construed to invalidate any
1454existing department rule relating to mixing zones. The
1455department shall cooperate with the Department of Highway Safety
1456and Motor Vehicles in the development of regulations required by
1457s. 316.272(1).
1459The department shall implement such programs in conjunction with
1460its other powers and duties and shall place special emphasis on
1461reducing and eliminating contamination that presents a threat to
1462humans, animals or plants, or to the environment.
1463     Section 23.  Subsection (7) of section 403.087, Florida
1464Statutes, is amended to read:
1465     403.087  Permits; general issuance; denial; revocation;
1466prohibition; penalty.-
1467     (7)  A permit issued pursuant to this section shall not
1468become a vested right in the permittee. The department may
1469revoke any permit issued by it if it finds that the permitholder
1471     (a)  Has Submitted false or inaccurate information in the
1472his or her application for such permit;
1473     (b)  Has Violated law, department orders, rules, or
1474regulations, or permit conditions;
1475     (c)  Has Failed to submit operational reports or other
1476information required by department rule which directly relate to
1477such permit and has refused to correct or cure such violations
1478when requested to do so or regulation; or
1479     (d)  Has Refused lawful inspection under s. 403.091 at the
1480facility authorized by such permit.
1481     Section 24.  Section 403.0874, Florida Statutes, is created
1482to read:
1483     403.0874  Incentive-based permitting program.-
1484     (1)  SHORT TITLE.-This section may be cited as the "Florida
1485Incentive-based Permitting Act."
1486     (2)  FINDINGS AND INTENT.-The Legislature finds and
1487declares that the department should consider compliance history
1488when deciding whether to issue, renew, amend, or modify a permit
1489by evaluating an applicant's site-specific and program-specific
1490relevant aggregate compliance history. Persons having a history
1491of complying with applicable permits or state environmental laws
1492and rules are eligible for permitting benefits, including, but
1493not limited to, expedited permit application reviews, longer-
1494duration permit periods, decreased announced compliance
1495inspections, and other similar regulatory and compliance
1496incentives to encourage and reward such persons for their
1497environmental performance.
1498     (3)  APPLICABILITY.-
1499     (a)  This section applies to all persons and regulated
1500activities that are subject to the permitting requirements of
1501chapter 161, chapter 373, or this chapter, and all other
1502applicable state or federal laws that govern activities for the
1503purpose of protecting the environment or the public health from
1504pollution or contamination.
1505     (b)  Notwithstanding paragraph (a), this section does not
1506apply to certain permit actions or environmental permitting laws
1507such as:
1508     1.  Environmental permitting or authorization laws that
1509regulate activities for the purpose of zoning, growth
1510management, or land use; or
1511     2.  Any federal law or program delegated or assumed by the
1512state to the extent that implementation of this section, or any
1513part of this section, would jeopardize the ability of the state
1514to retain such delegation or assumption.
1515     (c)  As used in this section, the term "regulated activity"
1516means any activity, including, but not limited to, the
1517construction or operation of a facility, installation, system,
1518or project, for which a permit, certification, or authorization
1519is required under chapter 161, chapter 373, or this chapter.
1520     (4)  COMPLIANCE HISTORY.-The compliance history period
1521shall be the 10 years before the date any permit or renewal
1522application is received by the department. Any person is
1523entitled to the incentives under subsection (5) if:
1524     (a)1.  The applicant has conducted the regulated activity
1525at the same site for which the permit or renewal is sought for
1526at least 8 of the 10 years before the date the permit
1527application is received by the department; or
1528     2.  The applicant has conducted the same regulated activity
1529at a different site within the state for at least 8 of the 10
1530years before the date the permit or renewal application is
1531received by the department; and
1532     (b)  In the 10 years before the date the permit or renewal
1533application is received by the department or water management
1534district, the applicant has not been subject to a final
1535administrative order or civil judgment or criminal conviction
1536whereby an administrative law judge or civil or criminal court
1537found the applicant violated the applicable law or rule and has
1538not been the subject of an administrative settlement or consent
1539order, whether formal or informal, that established a violation
1540of an applicable law or rule; and
1541     (c)  The applicant can demonstrate during a 10-year
1542compliance history period the implementation of activities or
1543practices that resulted in:
1544     1.  Reductions in actual or permitted discharges or
1546     2.  Reductions in the impacts of regulated activities on
1547public lands or natural resources; and
1548     3.  Implementation of voluntary environmental performance
1549programs, such as environmental management systems.
1550     (5)  COMPLIANCE INCENTIVES.-An applicant shall request all
1551applicable incentives at the time of application submittal.
1552Unless otherwise prohibited by state or federal law, rule, or
1553regulation, and if the applicant meets all other applicable
1554criteria for the issuance of a permit or authorization, an
1555applicant is entitled to the following incentives:
1556     (a)  Expedited reviews on permit actions, including, but
1557not limited to, initial permit issuance, renewal, modification,
1558and transfer, if applicable. Expedited review means, at a
1559minimum, that the initial request for additional information
1560regarding a permit application shall be issued no later than 30
1561days after the application is filed, and final agency action
1562shall be taken no later than 60 days after the application is
1563deemed complete;
1564     (b)  Priority review of the permit application;
1565     (c)  Reduction in the number of routine compliance
1567     (d)  No more than two requests for additional information
1568under s. 120.60; and
1569     (e)  Longer permit period durations.
1570     (6)  RULEMAKING.-The department may adopt additional
1571incentives by rule. Such incentives shall be based on, and
1572proportional to, actions taken by the applicant to reduce the
1573applicant's impacts on human health and the environment beyond
1574those actions required by law. The department's rules adopted
1575under this section are binding on the water management districts
1576and any local government that has been delegated or assumed a
1577regulatory program to which this section applies.
1578     (7)  SAVINGS PROVISION.-This section does not affect an
1579applicant's responsibility to provide reasonable assurance of
1580compliance with applicable statutes and rules as a condition
1581precedent to issuance of a permit and does not limit factors the
1582department, a water management district, or a delegated program
1583may consider in evaluating a permit application under existing
1585     Section 25.  Subsection (2) of section 403.1838, Florida
1586Statutes, is amended to read:
1587     403.1838  Small Community Sewer Construction Assistance
1589     (2)  The department shall use funds specifically
1590appropriated to award grants under this section to assist
1591financially disadvantaged small communities with their needs for
1592adequate sewer facilities. For purposes of this section, the
1593term "financially disadvantaged small community" means a
1594municipality that has with a population of 10,000 7,500 or fewer
1595less, according to the latest decennial census and a per capita
1596annual income less than the state per capita annual income as
1597determined by the United States Department of Commerce.
1598     Section 26.  Paragraph (f) of subsection (1) of section
1599403.7045, Florida Statutes, is amended to read:
1600     403.7045  Application of act and integration with other
1602     (1)  The following wastes or activities shall not be
1603regulated pursuant to this act:
1604     (f)  Industrial byproducts, if:
1605     1.  A majority of the industrial byproducts are
1606demonstrated to be sold, used, or reused within 1 year.
1607     2.  The industrial byproducts are not discharged,
1608deposited, injected, dumped, spilled, leaked, or placed upon any
1609land or water so that such industrial byproducts, or any
1610constituent thereof, may enter other lands or be emitted into
1611the air or discharged into any waters, including groundwaters,
1612or otherwise enter the environment such that a threat of
1613contamination in excess of applicable department standards and
1614criteria or a significant threat to public health is caused.
1615     3.  The industrial byproducts are not hazardous wastes as
1616defined under s. 403.703 and rules adopted under this section.
1618Sludge from an industrial waste treatment works that meets the
1619exemption requirements of this paragraph is not solid waste as
1620defined in s. 403.703(32).
1621     Section 27.  Subsections (2) and (3) of section 403.707,
1622Florida Statutes, are amended to read:
1623     403.707  Permits.-
1624     (2)  Except as provided in s. 403.722(6), a permit under
1625this section is not required for the following, if the activity
1626does not create a public nuisance or any condition adversely
1627affecting the environment or public health and does not violate
1628other state or local laws, ordinances, rules, regulations, or
1630     (a)  Disposal by persons of solid waste resulting from
1631their own activities on their own property, if such waste is
1632ordinary household waste from their residential property or is
1633rocks, soils, trees, tree remains, and other vegetative matter
1634that normally result from land development operations. Disposal
1635of materials that could create a public nuisance or adversely
1636affect the environment or public health, such as white goods;
1637automotive materials, such as batteries and tires; petroleum
1638products; pesticides; solvents; or hazardous substances, is not
1639covered under this exemption.
1640     (b)  Storage in containers by persons of solid waste
1641resulting from their own activities on their property, leased or
1642rented property, or property subject to a homeowners or
1643maintenance association for which the person contributes
1644association assessments, if the solid waste in such containers
1645is collected at least once a week.
1646     (c)  Disposal by persons of solid waste resulting from
1647their own activities on their property, if the environmental
1648effects of such disposal on groundwater and surface waters are:
1649     1.  Addressed or authorized by a site certification order
1650issued under part II or a permit issued by the department under
1651this chapter or rules adopted pursuant to this chapter; or
1652     2.  Addressed or authorized by, or exempted from the
1653requirement to obtain, a groundwater monitoring plan approved by
1654the department. If a facility has a permit authorizing disposal
1655activity, new areas where solid waste is being disposed of that
1656are monitored by an existing or modified groundwater monitoring
1657plan are not required to be specifically authorized in a permit
1658or other certification.
1659     (d)  Disposal by persons of solid waste resulting from
1660their own activities on their own property, if such disposal
1661occurred prior to October 1, 1988.
1662     (e)  Disposal of solid waste resulting from normal farming
1663operations as defined by department rule. Polyethylene
1664agricultural plastic, damaged, nonsalvageable, untreated wood
1665pallets, and packing material that cannot be feasibly recycled,
1666which are used in connection with agricultural operations
1667related to the growing, harvesting, or maintenance of crops, may
1668be disposed of by open burning if a public nuisance or any
1669condition adversely affecting the environment or the public
1670health is not created by the open burning and state or federal
1671ambient air quality standards are not violated.
1672     (f)  The use of clean debris as fill material in any area.
1673However, this paragraph does not exempt any person from
1674obtaining any other required permits, and does not affect a
1675person's responsibility to dispose of clean debris appropriately
1676if it is not to be used as fill material.
1677     (g)  Compost operations that produce less than 50 cubic
1678yards of compost per year when the compost produced is used on
1679the property where the compost operation is located.
1680     (3)(a)  All applicable provisions of ss. 403.087 and
1681403.088, relating to permits, apply to the control of solid
1682waste management facilities.
1683     (b)  Any permit issued to a solid waste management facility
1684that is designed with a leachate control system that meets
1685department requirements shall be issued for a term of 20 years
1686unless the applicant requests a lesser permit term. Existing
1687permit fees for qualifying solid waste management facilities
1688shall be prorated to the permit term authorized by this section.
1689This provision applies to all qualifying solid waste management
1690facilities that apply for an operating or construction permit or
1691renew an existing operating or construction permit on or after
1692July 1, 2012.
1693     Section 28.  Subsection (12) is added to section 403.814,
1694Florida Statutes, to read:
1695     403.814  General permits; delegation.-
1696     (12)  A general permit shall be granted for the
1697construction, alteration, and maintenance of a surface water
1698management system serving a total project area of up to 10
1699acres. The construction of such a system may proceed without any
1700agency action by the department or water management district if:
1701     (a)  The total project area is less than 10 acres;
1702     (b)  The total project area involves less than 2 acres of
1703impervious surface;
1704     (c)  No activities will impact wetlands or other surface
1706     (d)  No activities are conducted in, on, or over wetlands
1707or other surface waters;
1708     (e)  Drainage facilities will not include pipes having
1709diameters greater than 24 inches, or the hydraulic equivalent,
1710and will not use pumps in any manner;
1711     (f)  The project is not part of a larger common plan,
1712development, or sale.
1713     (g)  The project does not:
1714     1.  Cause adverse water quantity or flooding impacts to
1715receiving water and adjacent lands;
1716     2.  Cause adverse impacts to existing surface water storage
1717and conveyance capabilities;
1718     3.  Cause a violation of state water quality standards; and
1719     4.  Cause an adverse impact to the maintenance of surface
1720or ground water levels or surface water flows established
1721pursuant to s. 373.042 or a work of the district established
1722pursuant to s. 373.086; and
1723     (h)  The surface water management system design plans must
1724be signed and sealed by a Florida registered professional who
1725shall attest that the system will perform and function as
1726proposed and has been designed in accordance with appropriate,
1727generally accepted performance standards and scientific
1729     Section 29.  Subsection (6) of section 403.853, Florida
1730Statutes, is amended to read:
1731     403.853  Drinking water standards.-
1732     (6)  Upon the request of the owner or operator of a
1733transient noncommunity water system using groundwater as a
1734source of supply and serving religious institutions or
1735businesses, other than restaurants or other public food service
1736establishments or religious institutions with school or day care
1737services, and using groundwater as a source of supply, the
1738department, or a local county health department designated by
1739the department, shall perform a sanitary survey of the facility.
1740Upon receipt of satisfactory survey results according to
1741department criteria, the department shall reduce the
1742requirements of such owner or operator from monitoring and
1743reporting on a quarterly basis to performing these functions on
1744an annual basis. Any revised monitoring and reporting schedule
1745approved by the department under this subsection shall apply
1746until such time as a violation of applicable state or federal
1747primary drinking water standards is determined by the system
1748owner or operator, by the department, or by an agency designated
1749by the department, after a random or routine sanitary survey.
1750Certified operators are not required for transient noncommunity
1751water systems of the type and size covered by this subsection.
1752Any reports required of such system shall be limited to the
1753minimum as required by federal law. When not contrary to the
1754provisions of federal law, the department may, upon request and
1755by rule, waive additional provisions of state drinking water
1756regulations for such systems.
1757     Section 30.  Paragraph (a) of subsection (3) and
1758subsections (4), (5), (10), (11), (14), (15), and (18) of
1759section 403.973, Florida Statutes, are amended to read:
1760     403.973  Expedited permitting; amendments to comprehensive
1762     (3)(a)  The secretary shall direct the creation of regional
1763permit action teams for the purpose of expediting review of
1764permit applications and local comprehensive plan amendments
1765submitted by:
1766     1.  Businesses creating at least 50 jobs or a commercial or
1767industrial development project that will be occupied by
1768businesses that would individually or collectively create at
1769least 50 jobs; or
1770     2.  Businesses creating at least 25 jobs if the project is
1771located in an enterprise zone, or in a county having a
1772population of fewer than 75,000 or in a county having a
1773population of fewer than 125,000 which is contiguous to a county
1774having a population of fewer than 75,000, as determined by the
1775most recent decennial census, residing in incorporated and
1776unincorporated areas of the county.
1777     (4)  The regional teams shall be established through the
1778execution of a project-specific memoranda of agreement developed
1779and executed by the applicant and the secretary, with input
1780solicited from the office and the respective heads of the
1781Department of Community Affairs, the Department of
1782Transportation and its district offices, the Department of
1783Agriculture and Consumer Services, the Fish and Wildlife
1784Conservation Commission, appropriate regional planning councils,
1785appropriate water management districts, and voluntarily
1786participating municipalities and counties. The memoranda of
1787agreement should also accommodate participation in this
1788expedited process by other local governments and federal
1789agencies as circumstances warrant.
1790     (5)  In order to facilitate local government's option to
1791participate in this expedited review process, the secretary
1792shall, in cooperation with local governments and participating
1793state agencies, create a standard form memorandum of agreement.
1794The standard form of the memorandum of agreement shall be used
1795only if the local government participates in the expedited
1796review process. In the absence of local government
1797participation, only the project-specific memorandum of agreement
1798executed pursuant to subsection (4) applies. A local government
1799shall hold a duly noticed public workshop to review and explain
1800to the public the expedited permitting process and the terms and
1801conditions of the standard form memorandum of agreement.
1802     (10)  The memoranda of agreement may provide for the waiver
1803or modification of procedural rules prescribing forms, fees,
1804procedures, or time limits for the review or processing of
1805permit applications under the jurisdiction of those agencies
1806that are members of the regional permit action team party to the
1807memoranda of agreement. Notwithstanding any other provision of
1808law to the contrary, a memorandum of agreement must to the
1809extent feasible provide for proceedings and hearings otherwise
1810held separately by the parties to the memorandum of agreement to
1811be combined into one proceeding or held jointly and at one
1812location. Such waivers or modifications shall not be available
1813for permit applications governed by federally delegated or
1814approved permitting programs, the requirements of which would
1815prohibit, or be inconsistent with, such a waiver or
1817     (11)  The standard form for memoranda of agreement shall
1818include guidelines to be used in working with state, regional,
1819and local permitting authorities. Guidelines may include, but
1820are not limited to, the following:
1821     (a)  A central contact point for filing permit applications
1822and local comprehensive plan amendments and for obtaining
1823information on permit and local comprehensive plan amendment
1825     (b)  Identification of the individual or individuals within
1826each respective agency who will be responsible for processing
1827the expedited permit application or local comprehensive plan
1828amendment for that agency;
1829     (c)  A mandatory preapplication review process to reduce
1830permitting conflicts by providing guidance to applicants
1831regarding the permits needed from each agency and governmental
1832entity, site planning and development, site suitability and
1833limitations, facility design, and steps the applicant can take
1834to ensure expeditious permit application and local comprehensive
1835plan amendment review. As a part of this process, the first
1836interagency meeting to discuss a project shall be held within 14
1837days after the secretary's determination that the project is
1838eligible for expedited review. Subsequent interagency meetings
1839may be scheduled to accommodate the needs of participating local
1840governments that are unable to meet public notice requirements
1841for executing a memorandum of agreement within this timeframe.
1842This accommodation may not exceed 45 days from the secretary's
1843determination that the project is eligible for expedited review;
1844     (d)  The preparation of a single coordinated project
1845description form and checklist and an agreement by state and
1846regional agencies to reduce the burden on an applicant to
1847provide duplicate information to multiple agencies;
1848     (e)  Establishment of a process for the adoption and review
1849of any comprehensive plan amendment needed by any certified
1850project within 90 days after the submission of an application
1851for a comprehensive plan amendment. However, the memorandum of
1852agreement may not prevent affected persons as defined in s.
1853163.3184 from appealing or participating in this expedited plan
1854amendment process and any review or appeals of decisions made
1855under this paragraph; and
1856     (f)  Additional incentives for an applicant who proposes a
1857project that provides a net ecosystem benefit.
1858     (14)(a)  Challenges to state agency action in the expedited
1859permitting process for projects processed under this section are
1860subject to the summary hearing provisions of s. 120.574, except
1861that the administrative law judge's decision, as provided in s.
1862120.574(2)(f), shall be in the form of a recommended order and
1863shall not constitute the final action of the state agency. In
1864those proceedings where the action of only one agency of the
1865state other than the Department of Environmental Protection is
1866challenged, the agency of the state shall issue the final order
1867within 45 working days after receipt of the administrative law
1868judge's recommended order, and the recommended order shall
1869inform the parties of their right to file exceptions or
1870responses to the recommended order in accordance with the
1871uniform rules of procedure pursuant to s. 120.54. In those
1872proceedings where the actions of more than one agency of the
1873state are challenged, the Governor shall issue the final order
1874within 45 working days after receipt of the administrative law
1875judge's recommended order, and the recommended order shall
1876inform the parties of their right to file exceptions or
1877responses to the recommended order in accordance with the
1878uniform rules of procedure pursuant to s. 120.54. For This
1879paragraph does not apply to the issuance of department licenses
1880required under any federally delegated or approved permit
1881program. In such instances, the department, and not the
1882Governor, shall enter the final order. The participating
1883agencies of the state may opt at the preliminary hearing
1884conference to allow the administrative law judge's decision to
1885constitute the final agency action. If a participating local
1886government agrees to participate in the summary hearing
1887provisions of s. 120.574 for purposes of review of local
1888government comprehensive plan amendments, s. 163.3184(9) and
1889(10) apply.
1890     (b)  Projects identified in paragraph (3)(f) or challenges
1891to state agency action in the expedited permitting process for
1892establishment of a state-of-the-art biomedical research
1893institution and campus in this state by the grantee under s.
1894288.955 are subject to the same requirements as challenges
1895brought under paragraph (a), except that, notwithstanding s.
1896120.574, summary proceedings must be conducted within 30 days
1897after a party files the motion for summary hearing, regardless
1898of whether the parties agree to the summary proceeding.
1899     (15)  The office, working with the agencies providing
1900cooperative assistance and input regarding the memoranda of
1901agreement, shall review sites proposed for the location of
1902facilities that the office has certified to be eligible for the
1903Innovation Incentive Program under s. 288.1089. Within 20 days
1904after the request for the review by the office, the agencies
1905shall provide to the office a statement as to each site's
1906necessary permits under local, state, and federal law and an
1907identification of significant permitting issues, which if
1908unresolved, may result in the denial of an agency permit or
1909approval or any significant delay caused by the permitting
1911     (18)  The office, working with the Rural Economic
1912Development Initiative and the agencies participating in the
1913memoranda of agreement, shall provide technical assistance in
1914preparing permit applications and local comprehensive plan
1915amendments for counties having a population of fewer than 75,000
1916residents, or counties having fewer than 125,000 residents which
1917are contiguous to counties having fewer than 75,000 residents.
1918Additional assistance may include, but not be limited to,
1919guidance in land development regulations and permitting
1920processes, working cooperatively with state, regional, and local
1921entities to identify areas within these counties which may be
1922suitable or adaptable for preclearance review of specified types
1923of land uses and other activities requiring permits.
1924     Section 31.  Subsection (5) is added to section 526.203,
1925Florida Statutes, to read:
1926     526.203  Renewable fuel standard.-
1927     (5)  SALE OF UNBLENDED FUELS.-This section does not
1928prohibit the sale of unblended fuels for the uses exempted under
1929subsection (3).
1930     Section 32.  The installation of fuel tank upgrades to
1931secondary containment systems shall be completed by the
1932deadlines specified in rule 62-761.510, Florida Administrative
1933Code, Table UST. However, notwithstanding any agreements to the
1934contrary, any fuel service station that changed ownership
1935interest through a bona fide sale of the property between
1936January 1, 2009, and December 31, 2009, is not required to
1937complete the upgrades described in rule 62-761.510, Florida
1938Administrative Code, Table UST, until December 31, 2012.
1939     Section 33.  The amendments to s. 373.4137, Florida
1940Statutes, made by this act do not apply within the territory of
1941the Northwest Florida Water Management District until July 2,
1943     Section 34.  Paragraph (d) of subsection (1) of section
194420.23, Florida Statutes, is amended to read:
1945     20.23  Department of Transportation.-There is created a
1946Department of Transportation which shall be a decentralized
1948     (1)
1949     (d)  The secretary may appoint up to three assistant
1950secretaries who shall be directly responsible to the secretary
1951and who shall perform such duties as are assigned by the
1952secretary. The secretary shall designate to an assistant
1953secretary the duties related to enhancing economic prosperity,
1954including, but not limited to, the responsibility of liaison
1955with the head of economic development in the Executive Office of
1956the Governor. Such assistant secretary shall be directly
1957responsible for providing the Executive Office of the Governor
1958with investment opportunities and transportation projects that
1959expand the state's role as a global hub for trade and investment
1960and enhance the supply chain system in the state to process,
1961assemble, and ship goods to markets throughout the eastern
1962United States, Canada, the Caribbean, and Latin America. The
1963secretary may delegate to any assistant secretary the authority
1964to act in the absence of the secretary.
1965     Section 35.  Subsection (3) of section 311.09, Florida
1966Statutes, is amended to read:
1967     311.09  Florida Seaport Transportation and Economic
1968Development Council.-
1969     (3)  The council shall prepare a 5-year Florida Seaport
1970Mission Plan defining the goals and objectives of the council
1971concerning the development of port facilities and an intermodal
1972transportation system consistent with the goals of the Florida
1973Transportation Plan developed pursuant to s. 339.155. The
1974Florida Seaport Mission Plan shall include specific
1975recommendations for the construction of transportation
1976facilities connecting any port to another transportation mode
1977and for the efficient, cost-effective development of
1978transportation facilities or port facilities for the purpose of
1979enhancing international trade, promoting cargo flow, increasing
1980cruise passenger movements, increasing port revenues, and
1981providing economic benefits to the state. The council shall
1982develop a priority list of projects based on these
1983recommendations annually and submit the list to the Department
1984of Transportation. The council shall update the 5-year Florida
1985Seaport Mission Plan annually and shall submit the plan no later
1986than February 1 of each year to the President of the Senate; the
1987Speaker of the House of Representatives; the Office of Tourism,
1988Trade, and Economic Development; the Department of
1989Transportation; and the Department of Community Affairs. The
1990council shall develop programs, based on an examination of
1991existing programs in Florida and other states, for the training
1992of minorities and secondary school students in job skills
1993associated with employment opportunities in the maritime
1994industry, and report on progress and recommendations for further
1995action to the President of the Senate and the Speaker of the
1996House of Representatives annually.
1997     Section 36.  Section 311.14, Florida Statutes, is amended
1998to read:
1999     311.14  Seaport freight-mobility planning.-
2000     (1)  The Florida Seaport Transportation and Economic
2001Development Council, in cooperation with the Office of the State
2002Public Transportation Administrator within the Department of
2003Transportation, shall develop freight-mobility and trade-
2004corridor plans to assist in making freight-mobility investments
2005that contribute to the economic growth of the state. Such plans
2006should enhance the integration and connectivity of the
2007transportation system across and between transportation modes
2008throughout Florida for people and freight.
2009     (2)  The Office of the State Public Transportation
2010Administrator shall act to integrate freight-mobility and trade-
2011corridor plans into the Florida Transportation Plan developed
2012pursuant to s. 339.155 and into the plans and programs of
2013metropolitan planning organizations as provided in s. 339.175.
2014The office may also provide assistance in expediting the
2015transportation permitting process relating to the construction
2016of seaport freight-mobility projects located outside the
2017physical borders of seaports. The Department of Transportation
2018may contract, as provided in s. 334.044, with any port listed in
2019s. 311.09(1) or any such other statutorily authorized seaport
2020entity to act as an agent in the construction of seaport
2021freight-mobility projects.
2022     (3)  Each port shall develop a strategic plan with a 10-
2023year horizon. Each plan must include the following:
2024     (a)  An economic development component that identifies
2025targeted business opportunities for increasing business and
2026attracting new business for which a particular facility has a
2027strategic advantage over its competitors, identifies financial
2028resources and other inducements to encourage growth of existing
2029business and acquisition of new business, and provides a
2030projected schedule for attainment of the plan's goals.
2031     (b)  An infrastructure development and improvement
2032component that identifies all projected infrastructure
2033improvements within the plan area which require improvement,
2034expansion, or development in order for a port to attain a
2035strategic advantage for competition with national and
2036international competitors.
2037     (c)  A component that identifies all intermodal
2038transportation facilities, including sea, air, rail, or road
2039facilities, which are available or have potential, with
2040improvements, to be available for necessary national and
2041international commercial linkages and provides a plan for the
2042integration of port, airport, and railroad activities with
2043existing and planned transportation infrastructure.
2044     (d)  A component that identifies physical, environmental,
2045and regulatory barriers to achievement of the plan's goals and
2046provides recommendations for overcoming those barriers.
2047     (e)  An intergovernmental coordination component that
2048specifies modes and methods to coordinate plan goals and
2049missions with the missions of the Department of Transportation,
2050other state agencies, and affected local, general-purpose
2053To the extent feasible, the port strategic plan must be
2054consistent with the local government comprehensive plans of the
2055units of local government in which the port is located. Upon
2056approval of a plan by the port's board, the plan shall be
2057submitted to the Florida Seaport Transportation and Economic
2058Development Council.
2059     (4)  The Florida Seaport Transportation and Economic
2060Development Council shall review the strategic plans submitted
2061by each port and prioritize strategic needs for inclusion in the
2062Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
2063     Section 37.  Subsection (1) of section 339.155, Florida
2064Statutes, is amended to read:
2065     339.155  Transportation planning.-
2066     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
2067develop and annually update a statewide transportation plan, to
2068be known as the Florida Transportation Plan. The plan shall be
2069designed so as to be easily read and understood by the general
2070public. The plan shall consider the needs of the entire state
2071transportation system and examine the use of all modes of
2072transportation to effectively and efficiently meet such needs.
2073The purpose of the Florida Transportation Plan is to establish
2074and define the state's long-range transportation goals and
2075objectives to be accomplished over a period of at least 20 years
2076within the context of the State Comprehensive Plan, and any
2077other statutory mandates and authorizations and based upon the
2078prevailing principles of:
2079     (a)  Preserving the existing transportation
2081     (b)  Enhancing Florida's economic competitiveness.; and
2082     (c)  Improving travel choices to ensure mobility.
2083     (d)  Expanding the state's role as a hub for trade and
2084investment. The Florida Transportation Plan shall consider the
2085needs of the entire state transportation system and examine the
2086use of all modes of transportation to effectively and
2087efficiently meet such needs.
2088     Section 38.  Subsection (2) of section 339.63, Florida
2089Statutes, is amended to read:
2090     339.63  System facilities designated; additions and
2092     (2)  The Strategic Intermodal System and the Emerging
2093Strategic Intermodal System include four three different types
2094of facilities that each form one component of an interconnected
2095transportation system which types include:
2096     (a)  Existing or planned hubs that are ports and terminals
2097including airports, seaports, spaceports, passenger terminals,
2098and rail terminals serving to move goods or people between
2099Florida regions or between Florida and other markets in the
2100United States and the rest of the world.;
2101     (b)  Existing or planned corridors that are highways, rail
2102lines, waterways, and other exclusive-use facilities connecting
2103major markets within Florida or between Florida and other states
2104or nations.; and
2105     (c)  Existing or planned intermodal connectors that are
2106highways, rail lines, waterways or local public transit systems
2107serving as connectors between the components listed in
2108paragraphs (a) and (b).
2109     (d)  Existing or planned facilities that significantly
2110improve the state's competitive position to compete for the
2111movement of additional goods into and through this state.
2112     Section 39.  Subsection (12) is added to section 373.406,
2113Florida Statutes, to read:
2114     373.406  Exemptions.-The following exemptions shall apply:
2115     (12)  An overwater pier, dock, or a similar structure
2116located in a deepwater port listed in s. 311.09 is not
2117considered to be part of a stormwater management system for
2118which this chapter or chapter 403 requires stormwater from
2119impervious surfaces to be treated if:
2120     (a)  The port has a stormwater pollution prevention plan
2121for industrial activities pursuant to the National Pollutant
2122Discharge Elimination System Program; and
2123     (b)  The stormwater pollution prevention plan also provides
2124similar pollution prevention measures for other activities that
2125are not subject to the National Pollutant Discharge Elimination
2126System Program and that occur on the port's overwater piers,
2127docks, and similar structures.
2128     Section 40.  Paragraph (a) of subsection (8) of section
2129373.4133, Florida Statutes, is amended to read:
2130     373.4133  Port conceptual permits.-
2131     (8)  Except as otherwise provided in this section, the
2132following procedures apply to the approval or denial of an
2133application for a port conceptual permit or a final permit or
2135     (a)  Applications for a port conceptual permit, including
2136any request for the conceptual approval of the use of
2137sovereignty submerged lands, shall be processed in accordance
2138with the provisions of ss. 373.427 and 120.60, with the
2139following exceptions:.
2140     1.  An application for a port conceptual permit, and any
2141applications for subsequent construction contained in a port
2142conceptual permit, must be approved or denied within 60 days
2143after receipt of a completed application.
2144     2.  The department may request additional information no
2145more than twice, unless the applicant waives this limitation in
2146writing. If the applicant does not provide a response to the
2147second request for additional information within 90 days or
2148another time period mutually agreed upon between the applicant
2149and department, the application shall be considered withdrawn.
2151     3.  If the applicant believes that any request for
2152additional information is not authorized by law or agency rule,
2153the applicant may request an informal hearing pursuant to s.
2154120.57(2) before the Secretary of Environmental Protection to
2155determine whether the application is complete.
2156     4.  If a third party petitions to challenge the issuance of
2157a port conceptual permit by the department, the petitioner
2158initiating the action has the burden of ultimate persuasion and,
2159in the first instance, has the burden of going forward with the
2161     Section 41.  Subsection (3) of section 403.813, Florida
2162Statutes, is amended to read:
2163     403.813  Permits issued at district centers; exceptions.-
2164     (3)  A permit is not required under this chapter, chapter
2165373, chapter 61-691, Laws of Florida, or chapter 25214 or
2166chapter 25270, 1949, Laws of Florida, for maintenance dredging
2167conducted under this section by the seaports of Jacksonville,
2168Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
2169Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
2170Pensacola, Key West, and Fernandina or by inland navigation
2171districts if the dredging to be performed is no more than is
2172necessary to restore previously dredged areas to original design
2173specifications or configurations, previously undisturbed natural
2174areas are not significantly impacted, and the work conducted
2175does not violate the protections for manatees under s.
2176379.2431(2)(d). In addition:
2177     (a)  A mixing zone for turbidity is granted within a 150-
2178meter radius from the point of dredging while dredging is
2179ongoing, except that the mixing zone may not extend into areas
2180supporting wetland communities, submerged aquatic vegetation, or
2181hardbottom communities.
2182     (b)  The discharge of the return water from the site used
2183for the disposal of dredged material shall be allowed only if
2184such discharge does not result in a violation of water quality
2185standards in the receiving waters. The return-water discharge
2186into receiving waters shall be granted a mixing zone for
2187turbidity within a 150-meter radius from the point of discharge
2188into the receiving waters during and immediately after the
2189dredging, except that the mixing zone may not extend into areas
2190supporting wetland communities, submerged aquatic vegetation, or
2191hardbottom communities. Ditches, pipes, and similar types of
2192linear conveyances may not be considered receiving waters for
2193the purposes of this paragraph.
2194     (c)  The state may not exact a charge for material that
2195this subsection allows a public port or an inland navigation
2196district to remove. In addition, consent to use any sovereignty
2197submerged lands pursuant to this section is hereby granted.
2198     (d)  The use of flocculants at the site used for disposal
2199of the dredged material is allowed if the use, including
2200supporting documentation, is coordinated in advance with the
2201department and the department has determined that the use is not
2202harmful to water resources.
2203     (e)  The spoil material from maintenance dredging may be
2204deposited in a self-contained, upland disposal site. The site is
2205not required to be permitted if:
2206     1.  The site exists as of January 1, 2011;
2207     2.  A professional engineer certifies that the site has
2208been designed in accordance with generally accepted engineering
2209standards for such disposal sites;
2210     3.  The site has adequate capacity to receive and retain
2211the dredged material; and
2212     4.  The site has operating and maintenance procedures
2213established that allow for discharge of return flow of water and
2214to prevent the escape of the spoil material into the waters of
2215the state.
2216     (f)  The department must be notified at least 30 days
2217before the commencement of maintenance dredging. The notice
2218shall include, if applicable, the professional engineer
2219certification required by paragraph (e).
2220     (g)(e)  This subsection does not prohibit maintenance
2221dredging of areas where the loss of original design function and
2222constructed configuration has been caused by a storm event,
2223provided that the dredging is performed as soon as practical
2224after the storm event. Maintenance dredging that commences
2225within 3 years after the storm event shall be presumed to
2226satisfy this provision. If more than 3 years are needed to
2227commence the maintenance dredging after the storm event, a
2228request for a specific time extension to perform the maintenance
2229dredging shall be submitted to the department, prior to the end
2230of the 3-year period, accompanied by a statement, including
2231supporting documentation, demonstrating that contractors are not
2232available or that additional time is needed to obtain
2233authorization for the maintenance dredging from the United
2234States Army Corps of Engineers.
2235     Section 42.  This act shall take effect July 1, 2011.

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