Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for HB 1389 Barcode 672576 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2012 11:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Storms moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 30 4 and insert: 5 Section 2. Section 218.075, Florida Statutes, is amended to 6 read: 7 218.075 Reduction or waiver of permit processing fees. 8 Notwithstanding any other provision of law, the Department of 9 Environmental Protection and the water management districts 10 shall reduce or waive permit processing fees for counties with a 11 population of 50,000 or fewer
lesson April 1, 1994, until such 12 counties exceed a population of 75,000 and municipalities with a 13 population of 25,000 or fewer; an entity created by special act, 14 local ordinance, or interlocal agreement of such counties or 15 municipalities; less,or any county or municipality not included 16 within a metropolitan statistical area. Fee reductions or 17 waivers shall be approved on the basis of fiscal hardship or 18 environmental need for a particular project or activity. The 19 governing body must certify that the cost of the permit 20 processing fee is a fiscal hardship due to one of the following 21 factors: 22 (1) Per capita taxable value is less than the statewide 23 average for the current fiscal year; 24 (2) Percentage of assessed property value that is exempt 25 from ad valorem taxation is higher than the statewide average 26 for the current fiscal year; 27 (3) Any condition specified in s. 218.503(1) which results 28 in the county or municipality being in a state of financial 29 emergency; 30 (4) Ad valorem operating millage rate for the current 31 fiscal year is greater than 8 mills; or 32 (5) A financial condition that is documented in annual 33 financial statements at the end of the current fiscal year and 34 indicates an inability to pay the permit processing fee during 35 that fiscal year. 36 37 The permit applicant must be the governing body of a county or 38 municipality, ora third party under contract with a county or 39 municipality, or an entity created by special act, local 40 ordinance, or interlocal agreement and the project for which the 41 fee reduction or waiver is sought must serve a public purpose. 42 If a permit processing fee is reduced, the total fee may shall43 not exceed $100. 44 Section 3. Subsection (6) is added to section 373.118, 45 Florida Statutes, to read: 46 373.118 General permits; delegation.— 47 (6) By July 1, 2012, the department shall initiate 48 rulemaking to adopt a general permit for stormwater management 49 systems serving airside activities at airports. The general 50 permit applies statewide and shall be administered by any water 51 management district or any delegated local government pursuant 52 to the operating agreements applicable to part IV of this 53 chapter, with no additional rulemaking required. These rules are 54 not subject to any special rulemaking requirements related to 55 small business. 56 Section 4. Section 373.4131, Florida Statutes, is created 57 to read: 58 373.4131 Conceptual permits for urban redevelopment 59 projects.— 60 (1) A municipality or county that has created a community 61 redevelopment area or an urban infill and redevelopment area 62 pursuant to chapter 163 may adopt a stormwater adaptive 63 management plan that addresses the quantity and quality of 64 stormwater discharges for the area and may obtain a conceptual 65 permit from a water management district or the Department of 66 Environmental Protection. 67 (2) The conceptual permit shall be established by a water 68 management district in consultation with the department and: 69 (a) Must allow for the rate and volume of stormwater 70 discharges for stormwater management systems of urban 71 redevelopment projects located within a community redevelopment 72 area created under part III of chapter 163 or an urban infill 73 and redevelopment area designated under s. 163.2517 to continue 74 up to the maximum rate and volume of stormwater discharges 75 within the area as of the date the stormwater adaptive 76 management plan was adopted. 77 (b) Must presume that stormwater discharges for stormwater 78 management systems of urban redevelopment projects located 79 within a community redevelopment area created under part III of 80 chapter 163 or an urban infill and redevelopment area designated 81 under s. 163.2517 which demonstrate a net improvement of the 82 quality of the discharged water that existed as of the date the 83 stormwater adaptive management plan was adopted for any 84 applicable pollutants of concern in the receiving water body do 85 not cause or contribute to violations of water quality criteria. 86 (c) May not prescribe additional or more stringent 87 limitations concerning the quantity and quality of stormwater 88 discharges from stormwater management systems than provided in 89 this section. 90 (d) Shall be issued for a duration of at least 20 years and 91 may be renewed, unless a shorter duration is requested by the 92 applicant. 93 (3) Urban redevelopment projects that meet the criteria 94 established in the conceptual permit pursuant to this section 95 qualify for a noticed general permit that authorizes 96 construction and operation for the duration of the conceptual 97 permit. 98 (4) Notwithstanding subsections (1)-(3), permits issued 99 pursuant to this section may not conflict with the requirements 100 of a federally approved program pursuant to s. 403.0885 or with 101 the implementation of s. 403.067(7) regarding total maximum 102 daily loads and basin management plans. 103 Section 5. Notwithstanding s. 120.569, s. 120.57, or s. 104 373.427, Florida Statutes, or any other provision of law to the 105 contrary, a challenge to a consolidated environmental resource 106 permit or any associated variance or any sovereign submerged 107 lands authorization proposed or issued by the Department of 108 Environmental Protection in connection with the state’s 109 deepwater ports, as listed in s. 403.021(9), Florida Statutes, 110 shall be conducted pursuant to the summary hearing provisions of 111 s. 120.574, Florida Statutes. However, the summary proceeding 112 shall be conducted within 30 days after a party files a motion 113 for a summary hearing, regardless of whether the parties agree 114 to the summary proceeding, and the administrative law judge’s 115 decision shall be in the form of a recommended order and does 116 not constitute final agency action of the department. The 117 department shall issue the final order within 45 working days 118 after receipt of the administrative law judge’s recommended 119 order. The summary hearing provisions of this section apply to 120 pending administrative proceedings. However, the provisions of 121 s. 120.574(1)(b) and (d), Florida Statutes, do not apply to 122 pending administrative proceedings. This section shall take 123 effect upon this act becoming a law. 124 Section 6. Except as otherwise expressly provided in this 125 act and except for this section, which shall take effect upon 126 this act becoming a law, this act shall take effect July 1, 127 2012. 128 129 ================= T I T L E A M E N D M E N T ================ 130 And the title is amended as follows: 131 Delete line 9 132 and insert: 133 its expiration; amending s. 218.075, F.S.; allowing an 134 entity created by special act, local ordinance, or 135 interlocal agreement of a county or municipality to 136 receive certain reduced or waived permit processing 137 fees; amending s. 373.118, F.S.; requiring that the 138 Department of Environmental Protection initiate 139 rulemaking to adopt a general permit for stormwater 140 management systems serving airside activities at 141 airports; providing for statewide application of the 142 general permit; providing for any water management 143 district or delegated local government to administer 144 the general permit; providing that the rules are not 145 subject to any special rulemaking requirements 146 relating to small business; creating s. 373.4131, 147 F.S.; authorizing certain municipalities and counties 148 to adopt stormwater adaptive management plans and 149 obtain conceptual permits for urban redevelopment 150 projects; providing requirements for establishment of 151 such permits by water management districts in 152 consultation with the Department of Environmental 153 Protection; providing that certain urban redevelopment 154 projects qualify for a noticed general permit; 155 providing that provisions may not conflict with 156 existing federally delegated pollution reduction 157 programs; requiring a challenge to a consolidated 158 environmental resource permit or associated variance 159 or any sovereign submerged lands authorization 160 proposed or issued by the Department of Environmental 161 Protection in connection with specified deepwater 162 ports to be conducted pursuant to specified summary 163 hearing provisions and within a certain timeframe; 164 providing that the administrative law judge’s decision 165 is a recommended order and does not constitute final 166 agency action of the department; requiring the 167 department to issue the final order within a certain 168 timeframe; providing applicability; providing 169 effective dates.