Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1858
                                Barcode 239570                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2012 11:19 PM       .                                

       Senator Storms moved the following:
    1         Senate Amendment (with title amendment)
    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 less on 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.
   37  The permit applicant must be the governing body of a county or
   38  municipality, or a 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 shall
   43  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.
  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.